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- King George III's Proclamation for Suppressing Rebellion and Sedition
By The King, A Proclamation for Suppressing Rebellion and Sedition August 23, 1775 By The King, A Proclamation for Suppressing Rebellion and Sedition George R. Whereas many of our subjects in divers parts of our Colonies and Plantations in North America, misled by dangerous and ill designing men, and forgetting the allegiance which they owe to the power that has protected and supported them; after various disorderly acts committed in disturbance of the publick peace, to the obstruction of lawful commerce, and to the oppression of our loyal subjects carrying on the same; have at length proceeded to open and avowed rebellion, by arraying themselves in a hostile manner, to withstand the execution of the law, and traitorously preparing, ordering and levying war against us: And whereas, there is reason to apprehend that such rebellion hath been much promoted and encouraged by the traitorous correspondence, counsels and comfort of divers wicked and desperate persons within this Realm: To the end therefore, that none of our subjects may neglect or violate their duty through ignorance thereof, or through any doubt of the protection which the law will afford to their loyalty and zeal, we have thought fit, by and with the advice of our Privy Council, to issue our Royal Proclamation, hereby declaring, that not only all our Officers, civil and military, are obliged to exert their utmost endeavours to suppress such rebellion, and to bring the traitors to justice, but that all our subjects of this Realm, and the dominions thereunto belonging, are bound by law to be aiding and assisting in the suppression of such rebellion, and to disclose and make known all traitorous conspiracies and attempts against us, our crown and dignity; and we do accordingly strictly charge and command all our Officers, as well civil as military, and all others our obedient and loyal subjects, to use their utmost endeavours to withstand and suppress such rebellion, and to disclose and make known all treasons and traitorous conspiracies which they shall know to be against us, our crown and dignity; and for that purpose, that they transmit to one of our principal Secretaries of State, or other proper officer, due and full information of all persons who shall be found carrying on correspondence with, or in any manner or degree aiding or abetting the persons now in open arms and rebellion against our Government, within any of our Colonies and Plantations in North America, in order to bring to condign punishment the authors, perpetrators, and abetters of such traitorous designs. Given at our Court at St. James’s the twenty-third day of August, one thousand seven hundred and seventy-five, in the fifteenth year of our reign. GOD save the KING. This document appears in the Compendium: Chapter 5 Proclamation of Rebellion — Eyre and Strahan August 23, 1775 Annotation: The Proclamation for Suppressing Rebellion and Sedition formally declared the American colonies to be in open rebellion, ordering loyal subjects to suppress resistance and aid in restoring royal authority. By transforming colonial unrest into a legally defined rebellion against the Crown, the proclamation hardened positions on both sides and accelerated the movement toward independence. Author: King George III — Allan Ramsay ca. 1762 Transcript Source: https://www.nationalarchives.gov.uk/education/resources/boston-tea-party/boston-tea-party-source-9/
- “Friends and countrymen, The critical time is now come” John Dickinson(November 8 1765)
“Friends and countrymen, The critical time is now come” John Dickinson November 8 1765 Friends and countrymen, The critical time is now come THE critical Time is now come, when you are reduced to the Necessity of forming a Resolution, upon a Point of the most alarming Importance that can engage the Attention of Men. Your Conduct at this Period must decide the future Fortunes of yourselves, and of your Posterity—must decide, whether Pennsylvanians, from henceforward, shall be Freemen or Slaves. So vast is the Consequence, so extensive is the Influence of the Measures you shall at present pursue. May God grant that every one of you may consider your Situation with a Seriousness and Sensibility becoming the solemn Occasion; and that you may receive this Address with the same candid and tender Affection for the public Good by which it is dictated. We have seen the Day on which an Act of Parliament, imposing Stamp Duties on the British Colonies in America, was appointed to take Effect; and we have seen the Inhabitants of these Colonies, with an unexampled Unanimity, compelling the Stamp-Officers throughout the Provinces to resign their Employments. The virtuous Indignation with which they have thus acted, was inspired by the generous Love of Liberty, and guided by a perfect Sense of Loyalty to the best of Kings, and of Duty to the Mother Country. The Resignation of the Officers was judged the most effectual and the most decent Method of preventing the Execution of a Statute, that strikes the Axe into the Root of the Tree, and lays the hitherto flourishing Branches of American Freedom, with all its precious Fruits, low in the Dust.— That this is the fatal Tendency of that Statute, appears from Propositions so evident, that he who runs may read and understand. To mention them is to convince. Men cannot be happy, without Freedom; nor free, without Security of Property; nor so secure, unless the sole Power to dispose of it be lodged in themselves; therefore no People can be free, but where Taxes are imposed on them with their own Consent, given personally, or by their Representatives. If then the Colonies are equally intitled to Happiness with the Inhabitants of Great-Britain, and Freedom is essential to Happiness, they are equally intitled to Freedom. If they are equally intitled to Freedom, and an exclusive Right of Taxation is essential to Freedom, they are equally intitled to such Taxation. What further Steps you can now take, without Injury to this sacred Right, demands your maturest Deliberation. This document appears in the Compendium: Chapter 4 Annotation: John Dickinson’s broadside urged Pennsylvanians to resist the Stamp Act, which imposed a tax on printed materials in the American colonies without their consent. Dickinson warned that the colonists faced a choice between preserving their liberty and submitting to oppressive British policies, encouraging them to unite in defense of their rights. Distributed in Philadelphia during the growing resistance to the Stamp Act, the broadside helped mobilize colonial opposition to British taxation and asserted the importance of political freedom. Author: John Dickinson Text Source: https://www.americasearliestmuseums.org/node/5126 IF you comply with the Act, by using Stamped Papers, you fix, you rivet perpetual Chains upon your unhappy Country. You unnecessarily, voluntarily establish the detestable Precedent, which those who have forged your Fetters ardently wish for, to varnish the future Exercise of this new claimed Authority. You may judge of the Use that will be made of it, by the Eagerness with which the Pack of Ministerial Tools have hunted for Precedents to palliate the Horrors of this Attack upon American Freedom. After all their infamous Labour, they could find nothing that even their unlimited Audacity could dare to call Precedents in this Case, but the Statute for establishing a Post-Office in America, and the Laws for regulating the Forces here, during the late War. These Instances were greedily seized upon, and the Press groaned with Pamphlets to prove, that they would justify the Taxation of America by Great-Britain.— But no sooner were these boasted Examples produced to public View, and examined, than the Absurdity of applying them to the present Occasion, appeared so glaring, that they became more the Subject of Ridicule, than of Argument.— Your Compliance with this Act, will save future Ministers the Trouble of reasoning on this Head, and your Tameness will free them from any Kind of Moderation, when they shall hereafter meditate any other Taxations upon you. They will have a Precedent furnished by yourselves, and a Demonstration that the Spirit of Americans, after great Clamour and Bluster, is a most submissive servile Spirit.— Ministers will rejoice in the Discovery, and as no Measure can be more popular at Home, than to lessen the Burthens of the People there, by laying Part of the Weight on you, they will of Course be tempted by that Motive, and emboldened by your Conduct, to make you “Hewers of Wood, and Drawers of Water.” The Stamp Act, therefore, is to be regarded only as an Experiment of your Disposition. If you quietly bend your Necks to that Yoke, you prove yourselves ready to receive any Bondage to which your Lords and Masters shall please to subject you. Some Persons perhaps may fondly hope, it will be as easy to obtain a Repeal of the Stamp Act after it is put in Execution, as if the Execution of it is avoided. But be not deceived. The late Ministry publickly declared, “that it was intended to establish the Power of Great-Britain to tax the Colonies.” Can we imagine then, that when so great a Point is carried, and we have tamely submitted, that any other Ministry will venture to propose, or that the Parliament will consent to pass, an Act to renounce this Advantage? No! Power is of a tenacious Nature: What it seizes it will retain. Rouse yourselves therefore, my dear Countrymen. Think, oh! think of the endless Miseries you must entail upon yourselves, and your Country, by touching the pestilential Cargoes that have been sent to you. Destruction lurks within them.— To receive them is Death—is worse than Death—it is SLAVERY!— If you do not, and I trust in Heaven you will not use the Stamped Papers, it will be necessary to consider how you are to act. Some Persons are of Opinion, that it is proper to stop all Business that requires written Instruments, subject to Duties. Against this Proposal there are many weighty Objections. In the first Place, it will be nearly the same Acknowledgment of the Validity of the Stamp Act, and of its legal Obligation upon you, as if you use the Papers. It will also be extremely injurious to Individuals, and I apprehend the Inconveniences arising from the Stoppage of Business will be so great, that many People, whose immediate Interest may have too much Influence on their Judgment, may be induced to believe, that this Obstruction will be more pernicious than the Execution of the Stamp Act; and thus I am afraid, that a mistaken Zeal to avoid the Execution, may really produce it. How long can this Stoppage be endured? Or how long must it be continued? Until we can obtain Relief, by a Repeal of the Law, perhaps some may say. If this should happen, you cannot expect to hear of the Repeal in less than three or four Months. But if you act in this Manner, in my Opinion, you will never hear of it. For as soon as the News of your stopping all Business arrives in Great-Britain, the Parliament, Ministry and People, will be convinced of two Things: first, that you are intimidated to the utmost Degree; and secondly, that your Method of eluding the Act will at length compel you to comply with it.— They will therefore give themselves no further Trouble about you, unless it be to send over a few Regiments, to quicken the Execution. For these Reasons, and many more, it appears to me the wisest and the safest Course for you to proceed in all Business as usual, without taking the least Notice of the Stamp Act. If you behave in this spirited Manner, you may be assured, that every Colony on the Continent will follow the Example of a Province so justly celebrated for its Liberty. Your Conduct will convince Great-Britain, that the Stamp Act will never be carried into Execution, but by Force of Arms; and this one Moment’s Reflection must demonstrate, that she will never attempt. As to any Penalties that may be incurred, it will be vain to think of extorting them from the whole Continent, or from a whole Province. It may be objected, perhaps, that our Ships will be liable to Seizure, if their Clearances be not upon Stamped Papers; but I believe no Lawyer will say, that this would be a legal Reason for such Seizures. However, we need be under no Apprehension of this Kind; for proceeding in that Way, would be in Fact a Declaration of War against the Colonies, that at this Time would by no Means suit the Mother Country.— Thus, my Friends and Countrymen, have I plainly laid before you my Sentiments on your present affecting Situation; and may Divine Providence inspire you with Wisdom to act in such a Manner, as will most advance that Happiness I ardently wish you may enjoy.
- The Judiciary Act of 1789
The Judiciary Act of 1789 September 24, 1789 An Act to establish the Judicial Courts of the United States. SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages. SEC . 2. And be it further enacted, That the United States shall be, and they hereby are divided into thirteen districts, to be limited and called as follows, to wit: one to consist of that part of the State of Massachusetts which lies easterly of the State of New Hampshire, and to be called Maine District; one to consist of the State of New Hampshire, and to be called New Hampshire District; one to consist of the remaining part of the State of Massachusetts, and to be called Massachusetts district; one to consist of the State of Connecticut, and to be called Connecticut District; one to consist of the State of New York, and to be called New York District; one to consist of the State of New Jersey, and to be called New Jersey District; one to consist of the State of Pennsylvania, and to be called Pennsylvania District; one to consist of the State of Delaware, and to be called Delaware District; one to consist of the State of Maryland, and to be called Maryland District; one to consist of the State of Virginia, except that part called the District of Kentucky, and to be called Virginia District; one to consist of the remaining part of the State of Virginia, and to be called Kentucky District; one to consist of the State of South Carolina, and to be called South Carolina District; and one to consist of the State of Georgia, and to be called Georgia District. SEC . 3. And be it further enacted, That there be a court called a District Court, in each of the afore mentioned districts, to consist of one judge, who shall reside in the district for which he is appointed, and shall be called a District Judge, and shall hold annually four sessions, the first of which to commence as follows, to wit: in the districts of New York and of New Jersey on the first, in the district of Pennsylvania on the second, in the district of Connecticut on the third, and in the district of Delaware on the fourth, Tuesdays of November next; in the districts of Massachusetts, of Maine, and of Maryland, on the first, in the district of Georgia on the second, and in the districts of New Hampshire, of Virginia, and of Kentucky, on the third Tuesdays of December next; and the other three sessions progressively in the respective districts on the like Tuesdays of every third calendar month afterwards, and in the district of South Carolina, on the third Monday in March and September, the first Monday in July, and the second Monday in December of each and every year, commencing in December next; and that the District Judge shall have power to hold special courts at his discretion. That the stated District Court shall be held at the places following, to wit: in the district of Maine, at Portland and Pownalsborough alternately, beginning at the first; in the district of New Hampshire, at Exeter and Portsmouth alternately, beginning at the first; in the district of Massachusetts, at Boston and Salem alternately, beginning at the first; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the first; in the district of New York, at New York; in the district of New Jersey, alternately at New Brunswick and Burlington, beginning at the first; in the district of Pennsylvania, at Philadelphia and This document appears in the Compendium: Chapter 7 Annotation: The Judiciary Act of 1789 established the structure of the federal judiciary, creating a system of district and circuit courts beneath the United States Supreme Court, which it set at six justices. It defined the jurisdiction of federal courts, including their authority over federal law, admiralty cases, and certain disputes involving states, foreign citizens, and the United States, while establishing a framework for federal courts to hear appeals from state courts in specified cases. The act also created the office of the Attorney General and provided for a United States attorney and marshal in each federal judicial district, laying the foundation for the modern federal judicial system. Authors: Oliver Ellsworth Richard Henry Lee Signed Into Law By: George Washington — Gilbert Stuart ca. 1803 Text Source: https://catalog.archives.gov/id/1501550 York Town alternately, beginning at the first; in the district of Delaware, alternately at Newcastle and Dover, beginning at the first; in the district of Maryland, alternately at Baltimore and Easton, beginning at the first; in the district of Virginia, alternately at Richmond and Williamsburgh, beginning at the first; in the district of Kentucky, at Harrodsburgh; in the district of South Carolina, at Charleston; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first; and that the special courts shall be held at the same place in each district as the stated courts, or in districts that have two, at either of them, in the discretion of the judge, or at such other place in the district, as the nature of the business and his discretion shall direct. And that in the districts that have but one place for holding the District Court, the records thereof shall be kept at that place; and in districts that have two, at that place in each district which the judge shall appoint. SEC . 4. And be it further enacted, That the before mentioned districts, except those of Maine and Kentucky, shall be divided into three circuits, and be called the eastern, the middle, and the southern circuit. That the eastern circuit shall consist of the districts of New Hampshire, Massachusetts, Connecticut and New York; that the middle circuit shall consist of the districts of New Jersey, Pennsylvania, Delaware, Maryland and Virginia; and that the southern circuit shall consist of the districts of South Carolina and Georgia, and that there shall be held annually in each district of said circuits, two courts, which shall be called Circuit Courts, and shall consist of any two justices of the Supreme Court, and the district judge of such districts, any two of whom shall constitute a quorum: Provided, That no district judge shall give a vote in any case of appeal or error from his own decision; but may assign the reasons of such his decision. SEC . 5. And be it further enacted, That the first session of the said circuit court in the several districts shall commence at the times following, to wit: in New Jersey on the second, in New York on the fourth, in Pennsylvania on the eleventh, in Connecticut on the twenty-second, and in Delaware on the twenty-seventh, days of April next; in Massachusetts on the third, in Maryland on the seventh, in South Carolina on the twelfth, in New Hampshire on the twentieth, in Virginia on the twenty-second, and in Georgia on the twenty-eighth, days of May next, and the subsequent sessions in the respective districts on the like days of every sixth calendar month afterwards, except in South Carolina, where the session of the said court shall commence on the first, and in Georgia where it shall commence on the seventeenth day of October, and except when any of those days shall happen on a Sunday, and then the session shall commence on the next day following. And the sessions of the said circuit court shall be held in the district of New Hampshire, at Portsmouth and Exeter alternately, beginning at the first; in the district of Massachusetts, at Boston; in the district of Connecticut, alternately at Hartford and New Haven, beginning at the last; in the district of New York, alternately at New York and Albany, beginning at the first; in the district of New Jersey, at Trenton; in the district of Pennsylvania, alternately at Philadelphia and Yorktown, beginning at the first; in the district of Delaware, alternately at New Castle and Dover, beginning at the first; in the district of Maryland, alternately at Annapolis and Easton, beginning at the first; in the district of Virginia, alternately at Charlottesville and Williamsburgh, beginning at the first; in the district of South Carolina, alternately at Columbia and Charleston, beginning at the first; and in the district of Georgia, alternately at Savannah and Augusta, beginning at the first. And the circuit courts shall have power to hold special sessions for the trial of criminal causes at any other time at their discretion, or at the discretion of the Supreme Court. SEC . 6. And be it further enacted, That the Supreme Court may, by any one or more of its justices being present, be adjourned from day to day until a quorum be convened; and that a circuit court may also be adjourned from day to day by any one of its judges, or if none are present, by the marshal of the district until a quorum be convened; and that a district court, in case of the inability of the judge to attend at the commencement of a session, may by virtue of a written order from the said judge, directed to the marshal of the district, be adjourned by the said marshal to such day, antecedent to the next stated session of the said court, as in the said order shall be appointed; and in case of the death of the said judge, and his vacancy not being supplied, all process, pleadings and proceedings of what nature soever, pending before the said court, shall be continued of course until the next stated session after the appointment and acceptance of the office by his successor. SEC . 7. And be it [further] enacted, That the Supreme Court, and the district courts shall have power to appoint clerks for their respective courts, and that the clerk for each district court shall be clerk also of the circuit court in such district, and each of the said clerks shall, before he enters upon the execution of his office, take the following oath or affirmation, to wit: "I, A. B., being appointed clerk of, do solemnly swear, or affirm, that I will truly and faithfully enter and record all the orders, decrees, judgments and proceedings of the said court, and that I will faithfully and impartially discharge and perform all the duties of my said office, according to the best of my abilities and understanding. So help me God." Which words, so help me God, shall be omitted in all cases where an affirmation is admitted instead of an oath. And the said clerks shall also severally give bond, with sufficient sureties, (to be approved of by the Supreme and district courts respectively) to the United States, in the sum of two thousand dollars, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments and determinations of the court of which he is clerk. SEC . 8. And be it further enacted, That the justices of the Supreme Court, and the district judges, before they proceed to execute the duties of their respective offices, shall take the following oath or affirmation, to wit: "I, A. B., do solemnly swear or affirm, that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as, according to the best of my abilities and understanding, agreeably to the constitution, and laws of the United States. So help me God." SEC . 9. And be it further enacted, That the district courts shall have, exclusively of the courts of the several States, cognizance of all crimes and offences that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; where no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, or a term of imprisonment not exceeding six months, is to be inflicted; and shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States. And shall also have cognizance, concurrent with the courts of the several States, or the circuit courts, as the case may be, of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States. And shall also have cognizance, concurrent as last mentioned, of all suits at common law where the United States sue, and the matter in dispute amounts, exclusive of costs, to the sum or value of one hundred dollars. And shall also have jurisdiction exclusively of the courts of the several States, of all suits against consuls or vice-consuls, except for offences above the description aforesaid. And the trial of issues in fact, in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by jury. SEC . 10. And be it further enacted, That the district court in Kentucky district shall, besides the jurisdiction aforesaid, have jurisdiction of all other causes, except of appeals and writs of error, hereinafter made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court, and writs of error and appeals shall lie from decisions therein to the Supreme Court in the same causes, as from a circuit court to the Supreme Court, and under the same regulations. And the district court in Maine district shall, besides the jurisdiction herein before granted, have jurisdiction of all causes, except of appeals and writs of error herein after made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court: And writs of error shall lie from decisions therein to the circuit court in the district of Massachusetts in the same manner as from other district courts to their respective circuit courts. SEC . 11. And be it further enacted, That the circuit courts shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and the United States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the State where the suit is brought, and a citizen of another State. And shall have exclusive cognizance of all crimes and offences cognizable under the authority of the United States, except where this act otherwise provides, or the laws of the United States shall otherwise direct, and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein. But no person shall be arrested in one district for trial in another, in any civil action before a circuit or district court. And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ, nor shall any district or circuit court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favour of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange. And the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions herein after provided. SEC . 12. And be it further enacted, That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state, and the matter in dispute exceeds the aforesaid sum or value of five hundred dollars, exclusive of costs, to be made to appear to the satisfaction of the court; and the defendant shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial into the next circuit court, to be held in the district where the suit is pending, or if in the district of Maine to the district court next to be holden therein, or if in Kentucky district to the district court next to be holden therein, and offer good and sufficient surety for his entering in such court, on the first day of its session, copies of said process against him, and also for his there appearing and entering special bail in the cause, if special bail was originally requisite therein, it shall then be the duty of the state court to accept the surety, and proceed no further in the cause, and any bail that may have been originally taken shall be discharged, and the said copies being entered as aforesaid, in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there by original process. And any attachment of the goods or estate of the defendant by the original process, shall hold the goods or estate so attached, to answer the final judgment in the same manner as by the laws of such state they would have been holden to answer final judgment, had it been rendered by the court in which the suit commenced. And if in any action commenced in a state court, the title of land be concerned, and the parties are citizens of the same state, and the matter in dispute exceeds the sum or value of five hundred dollars, exclusive of costs, the sum or value being made to appear to the satisfaction of the court, either party, before the trial, shall state to the court and make affidavit if they require it, that he claims and shall rely upon a right or title to the land, under a grant from a state other than that in which the suit is pending, and produce the original grant or an exemplification of it, except where the loss of public records shall put it out of his power, and shall move that the adverse party inform the court, whether he claims a right or title to the land under a grant from the state in which the suit is pending; the said adverse [party] shall give such information, or otherwise not be allowed to plead such grant, or give it in evidence upon the trial, and if he informs that he does claim under such grant, the party claiming under the grant first mentioned may then, on motion, remove the cause for trial to the next circuit court to be holden in such district, or if in the district of Maine, to the court next to be holden therein; or if in Kentucky district, to the district court next to be holden therein; but if he is the defendant, shall do it under the same regulations as in the before-mentioned case of the removal of a cause into such court by an alien; and neither party removing the cause, shall be allowed to plead or give evidence of any other title than that by him stated as aforesaid, as the ground of his claim; and the trial of issues in fact in the circuit courts shall, in all suits, except those of equity, and of admiralty, and maritime jurisdiction, be by jury. SEC . 13. And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul, or vice consul, shall be a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States. SEC . 14. And be it further enacted, That all the before-mentioned courts of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law. And that either of the justices of the supreme court, as well as judges of the district courts, shall have power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment.——Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by colour of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify. SEC . 15. And be it further enacted, That all the said courts of the United States, shall have power in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery; and if a plaintiff shall fail to comply with such order, to produce books or writings, it shall be lawful for the courts respectively, on motion, to give the like judgment for the defendant as in cases of nonsuit; and if a defendant shall fail to comply with such order, to produce books or writings, it shall be lawful for the courts respectively on motion as aforesaid, to give judgment against him or her by default. SEC . 16. And be it further enacted, That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law. SEC . 17. And be it further enacted, That all the said courts of the United States shall have power to grant new trials, in cases where there has been a trial by jury for reasons for which new trials have usually been granted in the courts of law; and shall have power to impose and administer all necessary oaths or affirmations, and to punish by fine or imprisonment, at the discretion of said courts, all contempts of authority in any cause or hearing before the same; and to make and establish all necessary rules for the orderly conducting business in the said courts, provided such rules are not repugnant to the laws of the United States. SEC . 18. And be it further enacted, That when in a circuit court, judgment upon a verdict in a civil action shall be entered, execution may on motion of either party, at the discretion of the court, and on such conditions for the security of the adverse party as they may judge proper, be stayed forty-two days from the time of entering judgment, to give time to file in the clerk’s office of said court, a petition for a new trial. And if such petition be there filed within said term of forty-two days, with a certificate thereon from either of the judges of such court, that he allows the same to be filed, which certificate he may make or refuse at his discretion, execution shall of course be further stayed to the next session of said court. And if a new trial be granted, the former judgment shall be thereby rendered void. SEC . 19. And be it further enacted, That it shall be the duty of circuit courts, in causes in equity and of admiralty and maritime jurisdiction, to cause the facts on which they found their sentence or decree, fully to appear upon the record either from the pleadings and decree itself, or a state of the case agreed by the parties, or their counsel, or if they disagree by a stating of the case by the court. SEC . 20. And be it further enacted, That where in a circuit court, a plaintiff in an action, originally brought there, or a petitioner in equity, other than the United States, recovers less than the sum or value of five hundred dollars, or a libellant, upon his own appeal, less than the sum or value of three hundred dollars, he shall not be allowed, but at the discretion of the court, may be adjudged to pay costs. SEC . 21. And be it further enacted, That from final decrees in a district court in causes of admiralty and maritime jurisdiction, where the matter in dispute exceeds the sum or value of three hundred dollars, exclusive of costs, an appeal shall be allowed to the next circuit court, to be held in such district. Provided nevertheless, That all such appeals from final decrees as aforesaid, from the district court of Maine, shall be made to the circuit court, next to be holden after each appeal in the district of Massachusetts. SEC . 22. And be it further enacted, That final decrees and judgments in civil actions in a district court, where the matter in dispute exceeds the sum or value of fifty dollars, exclusive of costs, may be reexamined, and reversed or affirmed in a circuit court, holden in the same district, upon a writ of error, whereto shall be annexed and returned therewith at the day and place therein mentioned, an authenticated transcript of the record, an assignment of errors, and prayer for reversal, with a citation to the adverse party, signed by the judge of such district court, or a justice of the Supreme Court, the adverse party having at least twenty days’ notice. And upon a like process, may final judgments and decrees in civil actions, and suits in equity in a circuit court, brought there by original process, or removed there from courts of the several States, or removed there by appeal from a district court where the matter in dispute exceeds the sum or value of two thousand dollars, exclusive of costs, be re-examined and reversed or affirmed in the Supreme Court, the citation being in such case signed by a judge of such circuit court, or justice of the Supreme Court, and the adverse party having at least thirty days’ notice. But there shall be no reversal in either court on such writ of error for error in ruling any plea in abatement, other than a plea to the jurisdiction of the court, or such plea to a petition or bill in equity, as is in the nature of a demurrer, or for any error in fact. And writs of error shall not be brought but within five years after rendering or passing the judgment or decree complained of, or in case the person entitled to such writ of error be an infant, feme covert, non compos mentis, or imprisoned, then within five years as aforesaid, exclusive of the time of such disability. And every justice or judge signing a citation on any writ of error as aforesaid, shall take good and sufficient security, that the plaintiff in error shall prosecute his writ to effect, and answer all damages and costs if he fail to make his plea good. SEC . 23. And be it further enacted, That a writ of error as aforesaid shall be a supersedeas and stay execution in cases only where the writ of error is served, by a copy thereof being lodged for the adverse party in the clerk’s office where the record remains, within ten days, Sundays exclusive, after rendering the judgment or passing the decree complained of. Until the expiration of which term of ten days, executions shall not issue in any case where a writ of error may be a supersedeas; and whereupon such writ of error the Supreme or a circuit court shall affirm a judgment or decree, they shall adjudge or decree to the respondent in error just damages for his delay, and single or double costs at their discretion. SEC . 24. And be it further enacted, That when a judgment or decree shall be reversed in a circuit court, such court shall proceed to render such judgment or pass such decree as the district court should have rendered or passed; and the Supreme Court shall do the same on reversals therein, except where the reversal is in favour of the plaintiff, or petitioner in the original suit, and the damages to be assessed, or matter to be decreed, are uncertain, in which case they shall remand the cause for a final decision. And the Supreme Court shall not issue execution in causes that are removed before them by writs of error, but shall send a special mandate to the circuit court to award execution thereupon. SEC . 25. And be it further enacted, That a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States, and the decision is in favour of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a writ of error, the citation being signed by the chief justice, or judge or chancellor of the court rendering or passing the judgment or decree complained of, or by a justice of the Supreme Court of the United States, in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a circuit court, and the proceeding upon the reversal shall also be the same, except that the Supreme Court, instead of remanding the cause for a final decision as before provided, may at their discretion, if the cause shall have been once remanded before, proceed to a final decision of the same, and award execution. But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid, than such as appears on the face of the record, and immediately respects the before mentioned questions of validity or construction of the said constitution, treaties, statutes, commissions, or authorities in dispute. SEC . 26. And be it further enacted, That in all causes brought before either of the courts of the United States to recover the forfeiture annexed to any articles of agreement, covenant, bond, or other speciality, where the forfeiture, breach or non-performance shall appear, by the default or confession of the defendant, or upon demurrer, the court before whom the action is, shall render judgment therein for the plaintiff to recover so much as is due according to equity. And when the sum for which judgment should be rendered is uncertain, the same shall, if either of the parties request it, be assessed by a jury. SEC . 27. And be it further enacted, That a marshal shall be appointed in and for each district for the term of four years, but shall be removable from office at pleasure, whose duty it shall be to attend the district and circuit courts when sitting therein, and also the Supreme Court in the District in which that court shall sit. And to execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint as there shall be occasion, one or more deputies, who shall be removable from office by the judge of the district court, or the circuit court sitting within the district, at the pleasure of either; and before he enters on the duties of his office, he shall become bound for the faithful performance of the same, by himself and by his deputies before the judge of the district court to the United States, jointly and severally, with two good and sufficient sureties, inhabitants and freeholders of such district, to be approved by the district judge, in the sum of twenty thousand dollars, and shall take before said judge, as shall also his deputies, before they enter on the duties of their appointment, the following oath of office: "I, A. B., do solemnly swear or affirm, that I will faithfully execute all lawful precepts directed to the marshal of the district of under the authority of the United States, and true returns make, and in all things well and truly, and without malice or partiality, perform the duties of the office of marshal (or marshal’s deputy, as the case may be) of the district of , during my continuance in said office, and take only my lawful fees. So help me God." SEC . 28. And be it further enacted, That in all causes wherein the marshal or his deputy shall be a party, the writs and precepts therein shall be directed to such disinterested person as the court, or any justice or judge thereof may appoint, and the person so appointed, is hereby authorized to execute and return the same. And in case of the death of any marshal, his deputy or deputies shall continue in office, unless otherwise specially removed; and shall execute the same in the name of the deceased, until another marshal shall be appointed and sworn: And the defaults or misfeasances in office of such deputy or deputies in the mean time, as well as before, shall be adjudged a breach of the condition of the bond given, as before directed, by the marshal who appointed them; and the executor or administrator of the deceased marshal shall have like remedy for the defaults and misfeasances in office of such deputy or deputies during such interval, as they would be entitled to if the marshal had continued in life and in the exercise of his said office, until his successor was appointed, and sworn or affirmed: And every marshal or his deputy when removed from office, or when the term for which the marshal is appointed shall expire, shall have power notwithstanding to execute all such precepts as may be in their hands respectively at the time of such removal or expiration of office; and the marshal shall be held answerable for the delivery to his successor of all prisoners which may be in his custody at the time of his removal, or when the term for which he is appointed shall expire, and for that purpose may retain such prisoners in his custody until his successor shall be appointed and qualified as the law directs. SEC . 29. And be it further enacted, That in cases punishable with death, the trial shall be had in the county where the offence was committed, or where that cannot be done without great inconvenience, twelve petit jurors at least shall be summoned from thence. And jurors in all cases to serve in the courts of the United States shall be designated by lot or otherwise in each State respectively according to the mode of forming juries therein now practised, so far as the laws of the same shall render such designation practicable by the courts or marshals of the United States; and the jurors shall have the same qualifications as are requisite for jurors by the laws of the State of which they are citizens, to serve in the highest courts of law of such State, and shall be returned as there shall be occasion for them, from such parts of the district from time to time as the court shall direct, so as shall be most favourable to an impartial trial, and so as not to incur an unnecessary expense, or unduly to burthen the citizens of any part of the district with such services. And writs of venire facias when directed by the court shall issue from the clerk’s office, and shall be served and returned by the marshal in his proper person, or by his deputy, or in case the marshal or his deputy is not an indifferent person, or is interested in the event of the cause, by such fit person as the court shall specially appoint for that purpose, to whom they shall administer an oath or affirmation that he will truly and impartially serve and return such writ. And when from challenges or otherwise there shall not be a jury to determine any civil or criminal cause, the marshal or his deputy shall, by order of the court where such defect of jurors shall happen, return jurymen de talibus circumstantibus sufficient to complete the pannel; and when the marshal or his deputy are disqualified as aforesaid, jurors may be returned by such disinterested person as the court shall appoint. SEC . 30. And be it further enacted, That the mode of proof by oral testimony and examination of witnesses in open court shall be the same in all the courts of the United States, as well in the trial of causes in equity and of admiralty and maritime jurisdiction, as of actions at common law. And when the testimony of any person shall be necessary in any civil cause depending in any district in any court of the United States, who shall live at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of such district, and to a greater distance from the place of trial than as aforesaid, before the time of trial, or is ancient or very infirm, the deposition of such person may be taken de bene esse before any justice or judge of any of the courts of the United States, or before any chancellor, justice or judge of a supreme or superior court, mayor or chief magistrate of a city, or judge of a county court or court of common pleas of any of the United States, not being of counsel or attorney to either of the parties, or interested in the event of the cause, provided that a notification from the magistrate before whom the deposition is to be taken to the adverse party, to be present at the taking of the same, and to put interrogatories, if he think fit, be first made out and served on the adverse party or his attorney as either may be nearest, if either is within one hundred miles of the place of such caption, allowing time for their attendance after notified, not less than at the rate of one day, Sundays exclusive, for every twenty miles travel. And in causes of admiralty and maritime jurisdiction, or other cases of seizure when a libel shall be filed, in which an adverse party is not named, and depositions of persons circumstanced as aforesaid shall be taken before a claim be put in, the like notification as aforesaid shall be given to the person having the agency or possession of the property libelled at the time of the capture or seizure of the same, if known to the libellant. And every person deposing as aforesaid shall be carefully examined and cautioned, and sworn or affirmed to testify the whole truth, and shall subscribe the testimony by him or her given after the same shall be reduced to writing, which shall be done only by the magistrate taking the deposition, or by the deponent in his presence. And the depositions so taken shall be retained by such magistrate until he deliver the same with his own hand into the court for which they are taken, or shall , together with a certificate of the reasons as aforesaid of their being taken, and of the notice if any given to the adverse party, be by him the said magistrate sealed up and directed to such court, and remain under his seal until opened in court. And any person may be compelled to appear and depose as aforesaid in the same manner as to appear and testify in court. And in the trial of any cause of admiralty or maritime jurisdiction in a district court, the decree in which may be appealed from, if either party shall suggest to and satisfy the court that probably it will not be in his power to produce the witnesses there testifying before the circuit court should an appeal be had, and shall move that their testimony be taken down in writing, it shall be so done by the clerk of the court. And if an appeal be had, such testimony may be used on the trial of the same, if it shall appear to the satisfaction of the court which shall try the appeal, that the witnesses are then dead or gone out of the United States, or to a greater distance than as aforesaid from the place where the court is sitting, or that by reason of age, sickness, bodily infirmity or imprisonment, they are unable to travel and appear at court, but not otherwise. And unless the same shall be made to appear on the trial of any cause, with respect to witnesses whose depositions may have been taken therein, such depositions shall not be admitted or used in the cause. Provided, That nothing herein shall be construed to prevent any court of the United States from granting a dedimus potestatem to take depositions according to common usage, when it may be necessary to prevent a failure or delay of justice, which power they shall severally possess, nor to extend to depositions taken in perpetuam rei memoriam, which if they relate to matters that may be cognizable in any court of the United States, a circuit court on application thereto made as a court of equity, may, according to the usages in chancery direct to be taken. SEC . 31. And be it [further] enacted, That where any suit shall be depending in any court of the United States, and either of the parties shall die before final judgment, the executor or administrator of such deceased party who was plaintiff, petitioner, or defendant, in case the cause of action doth by law survive, shall have full power to prosecute or defend any such suit or action until final judgment; and the defendant or defendants are hereby obliged to answer thereto accordingly; and the court before whom such cause may be depending, is hereby empowered and directed to hear and determine the same, and to render judgment for or against the executor or administrator, as the case may require. And if such executor or administrator having been duly served with a scire facias from the office of the clerk of the court where such suit is depending, twenty days beforehand, shall neglect or refuse to become a party to the suit, the court may render judgment against the estate of the deceased party, in the same manner as if the executor or administrator had voluntarily made himself a party to the suit. And the executor or administrator who shall become a party as aforesaid, shall, upon motion to the court where the suit is depending, be entitled to a continuance of the same until the next term of the said court. And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed at the suit of the surviving plaintiff or plaintiffs against the surviving defendant or defendants. SEC . 32. And be it further enacted, That no summons, writ, declaration, return, process, judgment, or other proceedings in civil causes in any of the courts of the United States, shall be abated, arrested, quashed or reversed, for any defect or want of form, but the said courts respectively shall proceed and give judgment according as the right of the cause and matter in law shall appear unto them, without regarding any imperfections, defects, or want of form in such writ, declaration, or other pleading, return, process, judgment, or course of proceeding whatsoever, except those only in cases of demurrer, which the party demurring shall specially sit down and express together with his demurrer as the cause thereof. And the said courts respectively shall and may, by virtue of this act, from time to time, amend all and every such imperfections, defects and wants of form, other than those only which the party demurring shall express as aforesaid, and may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as the said courts respectively shall in their discretion, and by their rules prescribe. SEC . 33. And be it further enacted, That for any crime or offence against the United States, the offender may, by any justice or judge of the United States, or by any justice of the peace, or other magistrate of any of the United States where he may be found agreeably to the usual mode of process against offenders in such state, and at the expense of the United States, be arrested, and imprisoned or bailed, as the case may be, for trial before such court of the United States as by this act has cognizance of the offence. And copies of the process shall be returned as speedily as may be into the clerk’s office of such court, together with the recognizances of the witnesses for their appearance to testify in the case; which recognizances the magistrate before whom the examination shall be, may require on pain of imprisonment. And if such commitment of the offender, or the witnesses shall be in a district other than that in which the offence is to be tried, it shall be the duty of the judge of that district where the delinquent is imprisoned, seasonably to issue, and of the marshal of the same district to execute, a warrant for the removal of the offender, and the witnesses, or either of them, as the case may be, to the district in which the trial is to be had. And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence, and the usages of law. And if a person committed by a justice of the supreme or a judge of a district court for an offence not punishable with death, shall afterwards procure bail, and there be no judge of the United States in the district to take the same, it may be taken by any judge of the supreme or superior court of law of such state. SEC . 34. And be it further enacted, That the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply. SEC . 35. And be it further enacted, That in all courts of the United States, the parties may plead and manage their own causes personally or by assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein. And there shall be appointed in each district a meet person learned in the law to act as attorney for the United States in such district, who shall be sworn or affirmed to the faithful execution of his office, whose duty it shall be to prosecute in such district all delinquents for crimes and offences, cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned, except before the supreme court in the district in which that court shall be holden. And he shall receive as compensation for his services such fees as shall be taxed therefor in the respective courts before which the suits or prosecutions shall be. And there shall also be appointed a meet person, learned in the law, to act as attorney-general for the United States, who shall be sworn or affirmed to a faithful execution of his office; whose duty it shall be to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments, touching any matters that may concern their departments, and shall receive such compensation for his services as shall by law be provided. APPROVED , September 24, 1789.
- Dept. of Foreign Affairs Est. July 27, 1789
Dept. of Foreign Affairs Est. July 27, 1789 An Act for establishing an Executive Department, to be denominated the Department of Foreign Affairs. Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be an Executive department, to be denominated the Department of Foreign Affairs, and that there shall be a principal officer therein, to be called the Secretary for the Department of Foreign Affairs, who shall perform and execute such duties as shall from time to time be enjoined on or intrusted to him by the President of the United States, agreeable to the Constitution, relative to correspondences, commissions or instructions to or with public ministers or consuls, from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs, as the President of the United States shall assign to the said department; and furthermore, that the said principal officer shall conduct the business of the said department in such manner as the President of the United States shall from time to time order or instruct. Section 2. And be it further enacted, That there shall be in the said department, an inferior officer, to be appointed by the said principal officer, and to be employed therein as he shall deem proper, and to be called the chief Clerk in the Department of Foreign Affairs, and who, whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy, shall during such vacancy have the charge and custody of all records, books and papers appertaining to the said department. Section 3. And be it further enacted, That the said principal officer, and every other person to be appointed or employed in the said department, shall, before he enters on the execution of his office or employment, take an oath or affirmation, well and faithfully to execute the trust committed to him. Section 4. And be it further enacted, That the Secretary for the Department of Foreign Affairs, to be appointed in consequence of this act, shall forthwith after his appointment, be entitled to have the custody and charge of all records, books and papers in the office of Secretary for the Department of Foreign Affairs, heretofore established by the United States in Congress assembled. Approved, July 27, 1789. George Washington, President of the United States This document appears in the Compendium: Chapter 7 Annotation: Established the Department of Foreign Affairs, later renamed the Department of State, to manage the United States’ diplomatic correspondence, negotiations, and relations with foreign governments under the direction of the President. It also provided for the department’s chief clerk and included language recognizing that the President could remove the Secretary, contributing to the foundational constitutional precedent for presidential control over executive officers. Authors: James Madison — John Vanderlyn 1816 Signed Into Law By: George Washington — Gilbert Stuart ca. 1803 Text Source: https://www.loc.gov/resource/rbpe.21101500/
- Adams' Address to Congress Regarding the Conflict with France May 16 1797
Adams' Address to Congress Regarding the Conflict with France May 16, 1797 Gentlemen of the Senate and Gentlemen of the House of Representatives: The personal inconveniences to the members of the Senate and of the House of Representatives in leaving their families and private affairs at this season of the year are so obvious that I the more regret the extraordinary occasion which has rendered the convention of Congress indispensable. It would have afforded me the highest satisfaction to have been able to congratulate you on a restoration of peace to the nations of Europe whose animosities have endangered our tranquility; but we have still abundant cause of gratitude to the Supreme Dispenser of National Blessings for general health and promising seasons, for domestic and social happiness, for the rapid progress and ample acquisitions of industry through extensive territories, for civil, political, and religious liberty. While other states are desolated with foreign war or convulsed with intestine divisions, the United States present the pleasing prospect of a nation governed by mild and equal laws, generally satisfied with the possession of their rights, neither envying the advantages nor fearing the power of other nations, solicitous only for the maintenance of order and justice and the preservation of liberty, increasing daily in their attachment to a system of government in proportion to their experience of its utility, yielding a ready and general obedience to laws flowing from the reason and resting on the only solid foundation--the affections of the people. It is with extreme regret that I shall be obliged to turn your thoughts to other circumstances, which admonish us that some of these felicities may not be lasting. But if the tide of our prosperity is full and a reflux commencing, a vigilant circumspection becomes us, that we may meet our reverses with fortitude and extricate ourselves from their consequences with all the skill we possess and all the efforts in our power. This document appears in the Compendium: Chapter 7 Annotation: John Adams condemned France’s mistreatment of American diplomatic representatives and its interference with American commerce amid escalating tensions between the two nations. He called for preparations to defend the United States while reaffirming his desire to resolve the dispute through peaceful negotiations and preserve American neutrality. Adams urged Congress to strengthen national defenses and protect American sovereignty as relations with France deteriorated toward the Quasi-War. John Adams — Gilbert Stuart ca. 1800 Text Source: https://www.presidency.ucsb.edu/documents/address-joint-session-congress-relations-with-france In giving to Congress information of the state of the Union and recommending to their consideration such measures as appear to me to be necessary or expedient, according to my constitutional duty, the causes and the objects of the present extraordinary session will be explained. After the President of the United States received information that the French Government had expressed serious discontents at some proceedings of the Government of these States said to affect the interests of France, he thought it expedient to send to that country a new minister, fully instructed to enter on such amicable discussions and to give such candid explanations as might happily remove the discontents and suspicions of the French Government and vindicate the conduct of the United States. For this purpose he selected from among his fellow-citizens a character whose integrity, talents, experience, and services had placed him in the rank of the most esteemed and respected in the nation. The direct object of his mission was expressed in his letter of credence to the French Republic, being "to maintain that good understanding which from the commencement of the alliance had subsisted between the two nations, and to efface unfavorable impressions, banish suspicions, and restore that cordiality which was at once the evidence and pledge of a friendly union." And his instructions were to the same effect, "faithfully to represent the disposition of the Government and people of the United States (their disposition being one), to remove jealousies and obviate complaints by shewing that they were groundless, to restore that mutual confidence which had been so unfortunately and injuriously impaired, and to explain the relative interests of both countries and the real sentiments of his own." A minister thus specially commissioned it was expected would have proved the instrument of restoring mutual confidence between the two Republics. The first step of the French Government corresponded with that expectation. A few days before his arrival at Paris the French minister of foreign relations informed the American minister then resident at Paris of the formalities to be observed by himself in taking leave, and by his successor preparatory to his reception. These formalities they observed, and on the 9th of December presented officially to the minister of foreign relations, the one a copy of his letters of recall, the other a copy of his letters of credence. These were laid before the Executive Directory. Two days afterwards the minister of foreign relations informed the recalled American minister that the Executive Directory had determined not to receive another minister plenipotentiary from the United States until after the redress of grievances demanded of the American Government, and which the French Republic had a right to expect from it. The American minister immediately endeavored to ascertain whether by refusing to receive him it was intended that he should retire from the territories of the French Republic, and verbal answers were given that such was the intention of the Directory. For his own justification he desired a written answer, but obtained none until toward the last of January, when, receiving notice in writing to quit the territories of the Republic, he proceeded to Amsterdam, where he proposed to wait for instruction from this Government. During his residence at Paris cards of hospitality were refused him, and he was threatened with being subjected to the jurisdiction of the minister of police; but with becoming firmness he insisted on the protection of the law of nations due to him as the known minister of a foreign power. You will derive further information from his dispatches, which will be laid before you. As it is often necessary that nations should treat for the mutual advantage of their affairs, and especially to accommodate and terminate differences, and as they can treat only by ministers, the right of embassy is well known and established by the law and usage of nations. The refusal on the part of France to receive our minister is, then, the denial of a right; but the refusal to receive him until we have acceded to their demands without discussion and without investigation is to treat us neither as allies nor as friends, nor as a sovereign state. With this conduct of the French Government it will be proper to take into view the public audience giver to the late minister of the United States on his taking leave of the Executive Directory. The speech of the President discloses sentiments more alarming than the refusal of a minister, because more dangerous to our independence and union, and at the same time studiously marked with indignities toward the Government of the United States. It evinces a disposition to separate the people of the United States from the Government, to persuade them that they have different affections, principles, and interests from those of their fellow-citizens whom they themselves have chosen to manage their common concerns, and thus to produce divisions fatal to our peace. Such attempts ought to be repelled with a decision which shall convince France and the world that we are not a degraded people, humiliated under a colonial spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, character, and interest. I should have been happy to have thrown a veil over these transactions if it had been possible to conceal them; but they have passed on the great theater of the world, in the face of all Europe and America, and with such circumstances of publicity and solemnity that they can not be disguised and will not soon be forgotten. They have inflicted a wound in the American breast. It is my sincere desire, however, that it may be healed. It is my sincere desire, and in this I presume I concur with you and with our constituents, to preserve peace and friendship with all nations; and believing that neither the honor nor the interest of the United States absolutely forbid the repetition of advances for securing these desirable objects with France, I shall institute a fresh attempt at negotiation, and shall not fail to promote and accelerate an accommodation on terms compatible with the rights, duties, interests, and honor of the nation. If we have committed errors, and these can be demonstrated, we shall be willing to correct them; if we have done injuries, we shall be willing on conviction to redress them; and equal measures of justice we have a right to expect from France and every other nation. The diplomatic intercourse between the United States and France being at present suspended, the Government has no means of obtaining official information from that country. Nevertheless, there is reason to believe that the Executive Directory passed a decree on the 2d of March last contravening in part the treaty of amity and commerce of 1778, injurious to our lawful commerce and endangering the lives of our citizens. A copy of this decree will be laid before you. While we are endeavoring to adjust all our differences with France by amicable negotiation, the progress of the war in Europe, the depredations on our commerce, the personal injuries to our citizens, and the general complexion of affairs render it my indispensable duty to recommend to your consideration effectual measures of defense. The commerce of the United States has become an interesting object of attention, whether we consider it in relation to the wealth and finances or the strength and resources of the nation. With a seacoast of near 2,000 miles in extent, opening a wide field for fisheries, navigation, and commerce, a great portion of our citizens naturally apply their industry and enterprise to these objects. Any serious and permanent injury to commerce would not fail to produce the most embarrassing disorders. To prevent it from being undermined and destroyed it is essential that it receive an adequate protection. The naval establishment must occur to every man who considers the injuries committed on our commerce, the insults offered to our citizens, and the description of vessels by which these abuses have been practiced. As the sufferings of our mercantile and seafaring citizens can not be ascribed to the omission of duties demandable, considering the neutral situation of our country, they are to be attributed to the hope of impunity arising from a supposed inability on our part to afford protection. To resist the consequences of such impressions on the minds of foreign nations and to guard against the degradation and servility which they must finally stamp on the American character is an important duty of Government. A naval power, next to the militia, is the natural defense of the United States. The experience of the last war would be sufficient to shew that a moderate naval force, such as would be easily within the present abilities of the Union, would have been sufficient to have baffled many formidable transportations of troops from one State to another, which were then practiced. Our seacoasts, from their great extent, are more easily annoyed and more easily defended by a naval force than any other. With all the materials our country abounds; in skill our naval architects and navigators are equal to any, and commanders and seamen will not be wanting. But although the establishment of a permanent system of naval defense appears to be requisite, I am sensible it can not be formed so speedily and extensively as the present crisis demands. Hitherto I have thought proper to prevent the sailing of armed vessels except on voyages to the East Indies, where general usage and the danger from pirates appeared to render the permission proper. Yet the restriction has originated solely from a wish to prevent collisions with the powers at war, contravening the act of Congress of June, 1794, and not from any doubt entertained by me of the policy and propriety of permitting our vessels to employ means of defense while engaged in a lawful foreign commerce. It remains for Congress to prescribe such regulations as will enable our seafaring citizens to defend themselves against violations of the law of nations, and at the same time restrain them from committing acts of hostility against the powers at war. In addition to this voluntary provison for defense by individual citizens, it appears to me necessary to equip the frigates, and provide other vessels of inferior force, to take under convoy such merchant vessels as shall remain unarmed. The greater part of the cruisers whose depredations have been most injurious have been built and some of them partially equipped in the United States. Although an effectual remedy may be attended with difficulty, yet I have thought it my duty to present the subject generally to your consideration. If a mode can be devised by the wisdom of Congress to prevent the resources of the United States from being converted into the means of annoying our trade, a great evil will be prevented. With the same view, I think it proper to mention that some of our citizens resident abroad have fitted out privateers, and others have voluntarily taken the command, or entered on board of them, and committed spoliations on the commerce of the United States. Such unnatural and iniquitous practices can be restrained only by severe punishments. But besides a protection of our commerce on the seas, I think it highly necessary to protect it at home, where it is collected in our most important ports. The distance of the United States from Europe and the well-known promptitude, ardor, and courage of the people in defense of their country happily diminish the probability of invasion. Nevertheless, to guard against sudden and predatory incursions the situation of some of our principal seaports demands your consideration. And as our country is vulnerable in other interests besides those of its commerce, you will seriously deliberate whether the means of general defense ought not to be increased by an addition to the regular artillery and cavalry, and by arrangements for forming a provisional army. With the same view, and as a measure which, even in a time of universal peace, ought not to be neglected, I recommend to your consideration a revision of the laws for organizing, arming, and disciplining the militia, to render that natural and safe defense of the country efficacious. Although it is very true that we ought not to involve ourselves in the political system of Europe, but to keep ourselves always distinct and separate from it if we can, yet to effect this separation, early, punctual, and continual information of the current chain of events and of the political projects in contemplation is no less necessary than if we were directly concerned in them. It is necessary, in order to the discovery of the efforts made to draw us into the vortex, in season to make preparations against them. However we may consider ourselves, the maritime and commercial powers of the world will consider the United States of America as forming a weight in that balance of power in Europe which never can be forgotten or neglected. It would not only be against our interest, but it would be doing wrong to one-half of Europe, at least, if we should voluntarily throw ourselves into either scale. It is a natural policy for a nation that studies to be neutral to consult with other nations engaged in the same studies and pursuits. At the same time that measures might be pursued with this view, our treaties with Prussia and Sweden, one of which is expired and the other near expiring, might be renewed. Gentlemen of the House of Representatives: It is particularly your province to consider the state of the public finances, and to adopt such measures respecting them as exigencies shall be found to require. The preservation of public credit, the regular extinguishment of the public debt, and a provision of funds to defray any extraordinary expenses will of course call for your serious attention. Although the imposition of new burthens can not be in itself agreeable, yet there is no ground to doubt that the American people will expect from you such measures as their actual engagements, their present security, and future interests demand. Gentlemen of the Senate and Gentlemen of the House of Representatives: The present situation of our country imposes an obligation on all the departments of Government to adopt an explicit and decided conduct. In my situation an exposition of the principles by which my Administration will be governed ought not to be omitted. It is impossible to conceal from ourselves or the world what has been before observed, that endeavors have been employed to foster and establish a division between the Government and people of the United States. To investigate the causes which have encouraged this attempt is not necessary; but to repel, by decided and united councils, insinuations so derogatory to the honor and aggressions so dangerous to the Constitution, union, and even independence of the nation is an indispensable duty. It must not be permitted to be doubted whether the people of the United States will support the Government established by their voluntary consent and appointed by their free choice, or whether, by surrendering themselves to the direction of foreign and domestic factions, in opposition to their own Government, they will forfeit the honorable station they have hitherto maintained. For myself, having never been indifferent to what concerned the interests of my country, devoted the best part of my life to obtain and support its independence, and constantly witnessed the patriotism, fidelity, and perseverance of my fellow-citizens on the most trying occasions, it is not for me to hesitate or abandon a cause in which my heart has been so long engaged. Convinced that the conduct of the Government has been just and impartial to foreign nations, that those internal regulations which have been established by law for the preservation of peace are in their nature proper, and that they have been fairly executed, nothing will ever be done by me to impair the national engagements, to innovate upon principles which have been so deliberately and uprightly established, or to surrender in any manner the rights of the Government. To enable me to maintain this declaration I rely, under God, with entire confidence on the firm and enlightened support of the National Legislature and upon the virtue and patriotism of my fellow-citizens. JOHN ADAMS.
- Georgia Constitution 1789
Georgia Constitution May 6, 1789 Georgia Constitution We, the underwritten delegates from the people, in convention met, do declare that the following articles shall form the constitution for the government of this State; and, by virtue of the powers in us vested for that purpose, do hereby ratify and confirm the same. ARTICLE I SECTION 1. The legislative power shall be vested in two separate and distinct branches, to wit, a senate and house of representatives, to be styled " The general assembly." Sec. 2. The senate shall be elected on the first Monday in October in every third year, until such day of election be altered by law; and shall be composed of one member from each county, chosen by the electors thereof, and shall continue for the term of three years. Sec. 3. NO person Shall be a member Of the Senate who Shall not have attained to the age of twenty-eight years, and who shall not have been nine years an inhabitant of the United States, and three years a citizen of this State; and shall be an inhabitant of that county for which he shall be elected, and have resided therein SIX months immediately preceding his election, and shall be possessed in his own right of two hundred and fifty acres of land, or some property to the amount of two hundred and fifty pounds. Sec. 4. The senate shall elect, y ballot, a president out of their own body. Sec. 5. The senate shall have solely the power to try all impeachments. Sec. 6. The election of members for the house of representatives shall be annual, on the first Monday in October, until such day of election be altered by law, and shall be composed of members from each county, in the following Proportions: Camden, two; Glynn, two; Liberty, four; Chatham, five; Effingham, two, Burke, four; Richmond, four; Wilkes, five; Washington, two; Green two; and Franklin, two. Sec. 7. No person shall be a member of the house of representatives who shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, and two years an inhabitant of this State; and shall be an inhabitant of that county for which he shall be elected, and have resided therein three months immediately preceding his election; and shall be possessed in his own right of two hundred acres of land, or other property to the amount of one hundred and fifty pounds. Sec. 8. The house of representatives shall choose their speaker and other officers. Sec. 9. They shall have solely the power to impeach all persons who have been or may be in office. This document appears in the Compendium: Chapter 7 Annotation: Established Georgia as a republican government grounded in popular sovereignty, replacing the state’s earlier constitutional framework with a more clearly defined separation of powers. It divided governmental authority among a bicameral legislature (Senate and House of Representatives), an elected governor, and an independent judiciary, while placing significant authority in the legislature and limiting the governor to a two-year term. The constitution acknowledged and protected fundamental rights including freedom of religion, freedom of speech and the press, the right of trial by jury, protection against unreasonable searches and seizures, due process, and the right to petition government, while also affirming the security of property and prohibiting arbitrary deprivation of liberty. Text Source: https://founding.com/founders-library/government-documents/american-state-and-local-government-documents/state-constitutions/georgia-constitution-of-1789/ Image Source: https://vault.georgiaarchives.org/digital/collection/adhoc/id/348 Sec. 10. No person holding a military. commission, or office. of profit, under tins or the United States , or either of them, (except justices of the peace and officers of the militia,) shall be allowed to take his seat as a member of either branch of the general assembly; nor shall any senator or representative be elected to any office of profit which shall be created during his appointment. Sec. 11. The meeting of the general assembly shall be annual, on the first Monday in November, until such day of meeting be altered by law. Sec. 12. One-third of the members of each branch shall have power to proceed to business; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each house may prescribe. Sec. 13. Each house shall be judges of the elections, returns, and qualifications of its own members, with powers to expel or punish for Disorderly behavior. Sec. 14. No senator or representative shall be liable to be arrested during his attendance on the general assembly, or for a reasonable time in going thereto or returning home, except it be for treason, felony, or breach of the peace; nor shall any member be liable to answer for anything spoken in debate in either house, in any court or place elsewhere. Sec. 15. The members of the senate and house of representatives shall take the following oath or affirmation: "I, A B, do solemnly swear (or affirm, as the case may be) that I have not obtained my election by bribery, or other unlawful means; and that I will give my vote on all questions that may come before me, as a senator, (or representative, ) in such manner as, in my judgment, will best promote the good of this State; an d that I will bear true faith and allegiance to the same, and to the utmost of my power observe, support, and defend the constitution thereof." Sec. 16. The general assembly shall have power to make all laws and ordinances which they shall deem necessary and proper for the good of the State, which shall not be repugnant to this constitution. Sec. 17. They shall have power to alter the boundaries of the present counties, and to lay off new ones, as well out of the counties already laid off, as out of the other territory belonging to the State. When a new county or counties shall be laid off, out of any of the present county or counties , such new county or counties shall have their representation apportioned out of the number of the representatives of the county or counties out of which it or they shall be laid out; and when any new county shall be laid off in the vacant territory belonging to the state, such county shall have a number of representatives, not exceeding three, to be regulated and determined by the general assembly: And no money shall be drawn out of the treasury, or from the public funds of this State, except by appropriations ma e by law. Sec. 18. No clergyman of any denomination shall be a member of the general assembly. ARTICLE II SECTION 1. The executive power shall be vested in a governor, who shall hold his office during the term of two years, and shall be elected in the following manner: Sec. 2. The house of representatives shall, on the second day of their making a house, in the first, and in every second year thereafter, vote by ballot for three persons. , and shall make a list containing the names of the persons voted for , and of the number of votes for each person; which list the speaker shall sign in the presence of the house, and deliver it in person to the senate ; and the senate shall, on the same day, proceed, by ballot, to elect one of the three persons having the highest number of votes; and the person having a majority of the votes of the senators present shall be the governor. Sec. 3. NO person shall be eligible to the office of governor who shall not have been a citizen of the United States twelve years, and an inhabitant of this State six years, and who hath not attained to the age of thirty years, and who does not possess five hundred acres of laud, in his own right, within this State, and other species of property to the amount of One thousand pounds sterling. Sec. 4. In case of the death, resignation, or disability of the governor, the president of the senate shall exercise the executive powers of government until such disability be removed, or until the next meeting of the general assembly. Sec. 5. The governor shall, at stated times, receive for his service a compensation which shall neither be increased nor diminished during the period for which he shall be elected; neither shall he receive, within that period, any other emolument from the United States, or any of them, or from any foreign power. Before he enters on the execution of his office he shall take the following oath or affirmation: " I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of governor of the Stale of Georgia, and will, to the best of my abilities, preserve, protect, and defend the said State, and cause justice to be executed in mercy therein, according to the constitution and laws of the same." Sec. 6. He shall be commander-in-chief in and over the State of Georgia, and of the militia thereof. Sec. 7. He shall have power to grant reprieves for offences against the State, except in cases of impeachment, and to grant pardons, in all cases after conviction, except for treason or murder, in which cases he may respite the execution, an d make a report thereof to. the next general assembly, by whom a pardon maybe granted. Sec. 8. He shall issue writs of election to fill up all vacancies that happen in the senate or house of representatives, and shall have power to convene the general assembly on extraordinary occasions, an shall give them, from time to time. Information of the state of the republic, and recommend to their consideration such measures as he may deem t necessary and expedient. Sec. 9. In case of a disagreement between the senate and house of representatives, with respect to the time to which the general assembly shall adjourn, he may adjourn them to such time as he may think proper. Sec. 10. He shall have the revision of all bills passed by both houses, before the same shall become laws; but two-thirds of both houses may pass a law, notwithstading his dissent, and, if any bill should not be returned by the governor within five days after it hath been presented to him, the same shall be a law, unless the general assembly, by their adjournment, shall prevent its return. Sec. 11. The great seal of the State shall be deposited in the office of the secretary, and it shall not be affixed to any instrument of writing without it be by order of the governor or general assembly; and the general assembly may direct the great seal to be altered. ARTICLE III SECTION 1. A superior court shall be held in each county twice in every year; in which shall be tried, and brought to final decision, all causes, civil and criminal, except such as may be subject to a Federal court, and such as may, by law, be referred to inferior jurisdiction. Sec. 2. The general assembly shall point out the mode of correcting errors and appeals, which shall extend so far as to empower the judges to direct a new trial by jury within the county where the action originated, and which shall be final. Sec. 3. Courts-merchant shall be held as heretofore, subject to such regulations as the general assembly may by law direct. Sec. 4. All causes shall be tried in the county where the defendant resides except in cases of real estate, which shall be tried in the county where such estate lies, and in criminal cases, which shall be tried in the county where the crime shall be committed. Sec. 5. The judges of the superior court and attorney-general shall have a competent salary established by law, which shall not be increased nor diminished during their continuance in office, and shall hold their commission during the term of three years. ARTICLE IV SECTION 1. The electors of the members of both branches of the general assembly shall be citizens and inhabitants of this State, and shall have attained to the age of twenty-one years, , and have paid tax for the year preceding the election, and shall have resided six months within the county. Sec. 2 All elections shall be by ballot not, and the house of representatives, in all appointments of State officers, shall vote for three persons; and a list of the three persons having the highest number of votes shall be signed by the speaker, and sent to the senate, which shall from such list determine, by a majority of their votes, their officer elected, except militia officers and the secretaries of the governor, who shall be appointed by the governor alone, under such regulations and restrictions as the general assembly may prescribe. The general assembly may vest the appointment of inferior Officers in the governor, the courts of justice, or in such other manner as they may by law establish. Sec. 3. Freedom of the press and trial by jury shall remain inviolate. Sec. 4. All persons shall be entitled to the benefit of the writ of habeas corpus. Sec. 5. All persons shall have the free exercise of religion, without being obliged to contribute to the support of any religious profession but their own. Sec. 6. Estates shall not be entailed; and when a person (lies intestate, leaving a wife and children, the wife shall have a child's share, or her dower, at her option; if there be no wife, the estate shall be I equally divided among the children and their legal representatives O the first degree. The distribution of all other intestate estates may be regulated by law. Sec. 7. At the general election for members of assembly, in the year one thousand seven hundred and ninety-four, the electors in each county shall elect three persons to represent them in a convention, for the purpose of taking into consideration the alterations necessary to be made in this constitution, who shall meet at such time and place as the general assembly may appoint; . and if two-thirds of the whole number shall meet and concur, they shall proceed to agree on such alterations and amendments as they may think proper: Provided, That after two-thirds shall have concurred to proceed to alterations and amendments, a majority shall determine on the particulars of such alterations and amendments. Sec. 8. This constitution shall take effect, and be in full force, on the first Monday in October next, after the adoption of the same; and the executive shall be authorized to alter the time for the sitting of the superior courts, so that the same may not interfere with the annual elections in the respective counties, or the meeting of the first general assembly. Done at Augusta, in convention, the sixth day of May, in the year of our Lord one thousand seven hundred and eighty-nine and in the year of the Sovereignty and Independence of the United States the thirteenth. Wm. GIBBONS, President. LONGSTREET, Secretary. AMENDMENTS TO THE CONSTITUTION OF 1789 (Adopted May 16, 1795) ARTICLE I. The senate shall be elected annually on the first Monday in November until such day of election be altered by law; and shall be composed of one member from each county, to be chosen by the electors thereof. ART. II. All elections to be made by the general assembly, shall be by joint ballot of the senate and house of representatives. ART. III. The election of members for the house of representatives shall be annual on the first Monday in November; and shall be composed of members from each county in the following proportions: Camden, two; Glynn, two; Liberty, four; McIntosh, two; Bryan, two; Chatham, four; Effingham, two; Striven, two; Montgomery, two; Burke, three; Richmond, two; Columbia, two; Wilkes, three; Elbert, two; Franklin, two; Oglethorpe, three; Green, three; Hancock, three; Washington, three; Warren, three. ART. IV. At the general election for members of assembly in the year 1797, the electors of the present counties shall elect three persons to represent them in a convention for the purpose of taking into consideration the further alterations and amendments necessary to be made in the constitution, who shall meet at the town of Louisville the second Tuesday in May thereafter; a majority of the said convention shall have power to proceed to, and agree on, such alterations and amendments as they may think proper. ART. V. The meeting of the general assembly shall be annual on the second Tuesday in January; a majority of whom shall have power to proceed to business. ART. VI. That Louisville be the permanent seat of government; and that the governor, secretary of the State, the. treasurer, the auditor, and the surveyor-general, remove their offices thereto, as soon as may be convenient, previously to the next meeting of the general assembly. ART. VII. Article of constituted rights annexed to the constitution as amended. ART. VIII. All powers not delegated by the constitution as amended, are retained by the people.
- From John Adams to Massachusetts Militia October 11 1798
From John Adams to Massachusetts Militia October 11, 1798 To the Officers of the first Brigade of the third Division of the Militia of Massachusetts Gentlemen I have received from Major General Hull and Brigadier General Walker your unanimous Address from Lexington, animated with a martial Spirit and expressed with a military Dignity, becoming your Characters and the memorable Plains, in which it was adopted. While our Country remains untainted with the Principles and manners, which are now producing desolation in so many Parts of the World: while she continues Sincere and incapable of insidious and impious Policy: We shall have the Strongest Reason to rejoice in the local destination assigned Us by Providence. But should the People of America, once become capable of that deep simulation towards one another and towards foreign nations, which assumes the Language of Justice and moderation while it is practicing Iniquity and Extravagance; and displays in the most captivating manner the charming Pictures of Candour frankness & sincerity while it is rioting in rapine and Insolence: this Country will be the most miserable Habitation in the World. Because We have no Government armed with Power capable of contending with human Passions unbridled by morality and Religion. Avarice, Ambition Revenge or Galantry, would break the strongest Cords of our Constitution as a Whale goes through a Net. Our Constitution was made only for a moral and religious People. It is wholly inadequate to the government of any other An Address so unanimous and firm from the officers commanding two thousand Eight hundred Men, consisting of such substantial Citizens as are able and willing at their own Expence, compleatly to arm, And cloath themselves in handsome Uniforms does honor to that Division of the Militia which has done so much honor to their Country. Oaths, in this Country, are as yet universally considered as Sacred Obligations. That which you have taken and so solemnly repeated on that venerable Spot is an ample Pledge of your sincerity, and devotion to your Country and its Government. John Adams This document appears in the Compendium: Chapter 7 Annotation: In his letter of 11 October 1798 to the Massachusetts Militia, John Adams praised the militia’s patriotism and emphasized the importance of civic virtue, moral character, and religious principles in sustaining the American republic. He argued that the Constitution depended upon a virtuous citizenry and warned that no system of government could adequately preserve liberty among a people lacking the moral foundations necessary for self-government. Author: John Adams — Gilbert Stuart ca. 1800 Text Source: “From John Adams to Massachusetts Militia, 11 October 1798,” Founders Online, National Archives, https://founders.archives.gov/documents/Adams/99-02-02-3102.
- Virginia's 1609 Charter
The Second Charter of Virginia May 23, 1609 The Second Charter of Virginia JAMES, by the Grace of God, King of England, Scotland, France. and Ireland, Defender of the Faith, &c. To all, to whom these Presents shall come, Greeting. WHEREAS, at the humble Suit and Request of sundry our loving and well-disposed Subjects, intending to deduce a Colony, and to make Habitation and Plantation of sundry our People in that Part of America, commonly called VIRGINIA, and other Parts and Territories in America, either appertaining unto Us, or which are not actually possessed of any Christian Prince or People, within certain Bounds and Regions, We have formerly, by our Letters-patents, bearing Date the tenth Day of April, in the fourth Year of our Reign of England, France, and Ireland, and of Scotland the nine and thirtieth, GRANTED to Sir Thomas Gates, Sir George Somers, and others, for the more speedy Accomplishment of the said Plantation and Habitation that they should divide themselves into two Colonies (the one consisting of divers Knights, Gentlemen, Merchants, and others, of our City of London, called the FIRST COLONY; And the other consisting of divers Knights, Gentlemen, and others, of our Cities of Bristol, Exeter, and Town of Plimouth, and other Places, called the SECOND COLONY). And have yielded and granted in any and sundry Privileges and Liberties to each Colony, for their quiet settling and good Government therein, as by the said Letters patents more at large appeareth: Now, forasmuch as divers and sundry of our loving Subjects, as well Adventurers, as Planters, of the said first Colony, which have already engaged themselves in furthering the Business of the said Colony and Plantation, and do further intend, by the Assistance of Almighty God, to prosecute the same to a happy End, have of late been humble Suitors unto Us, that (in Respect of their great Charges and the Adventure of many of their Lives, which they have hazarded in the said Discovery and Plantation of the said Country) We should be pleased to grant them a further Enlargement and Explanation of the said This document appears in the Compendium: Chapter 2 Annotation: James I of England issued the Second Charter of Virginia, expanding the authority of the Virginia Company and restructuring governance of the Jamestown colony. The charter broadened territorial claims, increased investor rights, and replaced the original council-based leadership model with a more centralized system. Author: Transcript Source: https://avalon.law.yale.edu/17th_century/va02.asp Grant, Privileges, and Liberties, and that such Counsellors, and other Officers, may be appointed amongst them, to manage and direct their Affairs, as are willing and ready to adventure with them, as also whose Dwellings are not so far remote from the City of London, but they may, at convenient Times, be ready at Hand, to give their Advice and Assistance, upon all Occasions requisite. We greatly affecting the effectual Prosecution and happy success of the said Plantation, and commending their good desires therein, for their further Encouragement in accomplishing so excellent a Work, much pleasing to God, and profitable to our Kingdom, do of our especial Grace, and certain Knowledge, and mere Motion, for Us, our Heirs, and Successors, GIVE, GRANT, and CONFIRM, to our trusty and well beloved Subjects, Robert, Earl of Salisbury, Thomas, Earl of Suffolk, Henry, Earl of Southampton, William, Earl of Pembroke, Henry, Earl of Lincoln, Earl of Dorset, Thomas, Earl of Exeter, Philip, Earl of Montgomery, Robert, Lord Viscount Lisle, Theophilus, Lord Howard of Walden, James Montague, Lord Bishop of Bath and Wells, Edward, Lord Zouche, Thomas, Lord Lawarr, William, Lord Mounteagle, Ralph, Lord Ewre, Edmond, Lord Sheffield, Grey, Lord Chandois, Lord Compton, John, Lord Petre, John, Lord Stanhope, George, Lord Carew, Sir Humphry Weld, Lord Mayor of London, George Piercy, Esq. Sir Edward Cecil, Knt. Sir George Wharton, Knt. Francis West, Esq. Sir William Wade, Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver Cromwell, Knt. Sir Peter Manwood, Knt. Sir Drue Drury, Knt. Sir Peter Scott, Knt. Sir Thomas Challoner, Knt. Sir Robert Drury, Knt. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt. Sir Edward Conway, Knt. Sir William Brown, Knt. Sir Maurice Berkeley, Knt. Sir Robert Maunsel, Knt. Sir Amias Preston, Knt. Sir Thomas Gates, Knt. Sir Anthony Ashley, Knt. Sir Michael Sandys, Knt. Sir Henry Carey, Knt. Sir Stephen Soame, Knt. Sir Callisthenes Brooke, Knt. Sir Edward Michelborn, Knt. Sir John Ratclifle, Knt. Sir Wilmot, Knt. Sir George Moore, Knt. Sir Hugh Wiral, Knt. Sir Thomas Dennis, Knt. Sir John Holles, Knt. Sir William Godolphin, Knt. Sir Thomas Monson, Knt. Sir Thomas Ridgwine, Knt. Sir John Brooke, Knt. Sir Robert Killigrew, Knt. Sir Henry Peyton, Knt. Sir Richard Williamson, Knt. Sir Ferdinando Weyoman, Knt. Sir William St. John, Knt. Sir Thomas Holcroft, Knt. Sir John Mallory, Knt. Sir Roger Ashton, Knt. Sir Walter Cope' Knt. Sir Richard Wigmore, Knt. Sir William Cocke, lent. Sir Herbert Crofte, Knt. Sir Henry Fanshaw, Knt. Sir John Smith, Knt. Sir Francis Wolley, Knt. Sir Edward Waterhouse, Knt. Sir Henry Seckford Knt. Sir Edwin Sandys, Knt. Sir Thomas Waynam, Knt. Sir John Trevor, Knt. Sir Warwick Heele, Knt. Sir Robert Worth, Knt. Sir John Townshend, Knt. Sir Christopher Perkins, Knt. Sir Daniel Dun, Knt. Sir Henry Hobert, Knt. Sir Francis Bacon, Knt. Sir Henry Montague, Knt. Sir George Coppin, Knt. Sir Samuel Sandys, Knt. Sir Thomas Roe, Knt. Sir George Somers, Knt. Sir Thomas Freake, Knt. Sir Thomas Harwell, Knt. Sir Charles Kelke, Knt. Sir Baptist Hicks, Knt. Sir John Watts, Knt. Sir Robert Carey, Knt. Sir William Romney, Knt. Sir Thomas Middleton, Knt. Sir Hatton Cheeke, Knt. Sir John Ogle, Knt. Sir Cavellero Meycot Knt. Sir Stephen Riddleson, Knt. Sir Thomas Bludder, Knt. Sir Anthony;Aucher, Knt. Sir Robert Johnson, Knt. Sir Thomas Pan ton, Knt. Sir Charles Morgan, Knt. Sir Stephen Pole, Knt. Sir John Burlacie, Knt. Sir Christopher Cleave, Knt. Sir George Hayward, Knt. Sir Thomas Davis, Knt. Sir Thomas Sutton, Knt. Sir Anthony Forrest, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir Dudley Digges, Knt. Sir Fowland Cotton, Knt. Dr. Matthew Sutclide, Dr. Meadows, Dr. Turner, Dr. Poe, Captain Pagnam, Captain Jeffrey Holcrofte, Captain Romney, Captain Henry Spry, Captain Shelton, Captain Sparks, Captain Thomas Wvat, Captain Brinsley, Captain William Courtney, Captain Herbert, Captain Clarke, Captain Dewhurst, Captain John Blundell, Captain Fryer, Captain Lewis Orwell, Captain Edward Lloyd Captain Slingsby, Captain Hawley, Captain Acme, Captain Cookhouse, Captain Mason, Captain Thomas Holcroft,; Captain John Coke, Captain Holles, Captain William Proud, Captain Henry Woodliouse, Captain Richard Lindesey, Captain Dexter, Captain William Winter, Captain Pearse, Captain John gingham, Captain Burray, Captain Thomas Conway. Captain Rockwood Captain William Lovelace, Captain John Ashley, Captain Thomas V(ynne, Captain Thomas Mewtis, Captain Edward Harwood, Captain Michael Everard, Captain Comock, Captain Mills, Captain Pigot, Captain Edward-Maria Wingfield, Captain Christopher Newport, Captain John Sicklemore, alias Ratcliffe, Captain John Smith, Captain John Martin, Captain Peter Wynne, Captain Waldo, Captain Thomas Wood, Captain Thomas Button, George Bolls, Esq. Sheriff of London,, William Crashaw, Clerk, Batchelor of Divinity, William Seabright, Esq. Christopher Brooke, Esq. John Birigley, Esq. Thomas Watson, Esq. Richard Percival, Esq. John Moore, Esq. Hugh Broker, Esq. David Woodhouse, Esq. Anthony Aucher, Esq. Robert Boyer, Esq. Ralph Owens, Esq. Zachary Jones' Esq. George Calvert, Esq. William Dobson, Esq. Henry Reynolds, Esq. Thomas Walker, Esq. Anthony Barnars, Esq. Thomas Sandys, Esq. Henry Sandvs, Esq. Richard Sandys, Esq. Son of Sir Edwin Sandys, William Oxenbridge, Esq. John Moore, Esq. Thomas Wilson Esq. John Bullock, Esq. John Waller, Esq. Thomas Webb, Jehu Robinson, William Brewster, Robert Evelyn, Henry Danby, Richard Hackluit, Minister, John Eldrid, Merchant, William Russel, Merchant, John Merrick, Mercllant, Richard Banister, Merchant, Charles Anthony, Goldsmith, John Banks, William Evans, Richard Humble, Richard Chamberlayne, Merchant, Thomas Barber, Merchant, Richard Pomet, Merchant, John Fletcher, Merchant, Thomas Nicholls, Merchant, John Stoke, Merchant, Gabriel Archer, Francis Covel, William Bonham, Edward Harrison, John Wostenholme, Nicholas Salter, Hugh Evans, William Barnes, Otho Mawdet, Richard Staper, Merchant, John Elkin, Merchant, William Covse, Thomas Perkin, Cooper, Humphrey James, Cooper, Henry Jackson, Robert Singleton, Christopher Nicholls, John Harper, Abraham Chamberlayne, Thomas Shipton, Thomas Carpenter, Anthony Crew, George Holman, Robert Hill, Cleophas Smith, Ralph Harrison, John Farmer, James Brearly, William Crosby, Richard Cox, John Gearing, Richard Strongarm, Ironmongers, Thomas Langton, Griffith Hinton, Richard Ironside, Richard Dean, Richard Turner, William Lawson, Mercer, James Chatfield, Edward Allen Tedder, Robert Hildebrand Sprinson, Arthur Mouse, John Gardiner, James Russell, Richard Caswell, Richard Evans, John Hawkins, Richard Kerril, Richard Brooke, Matthew Screvener, Gentleman, William Stallenge, Gentleman, Arthur Venn, Gentleman, Sandys Webbe, Gentleman, Michael Phetiplace, Gentleman, William Phetiplace, Gentleman, Ambrose Prusey, Gentleman, John Taverner, Gentleman, George Pretty, Gentleman, Peter Latham, Gentleman, Thomas Montford, Gentleman. William Central, Gentleman, Richard Wiffin, Gentleman7 Ralph Moreton, Gentleman, John Cornelius, Martin Freeman, Ralph Freeman, Andrew Moore, Thomas White, Edward Perkin, Robert Offley, Thomas Whitley, George Pit, Robert Parkhurst, Thomas Morris, Peter Harloe, Jeffry Duppa, John Gilbert, William Hancock, Matthew Brown, Francis Tyrrel, Randolph Carter, Othowell Smith. Thomas Hammond, Martin Bond, Haberdasher, John Moulsoe, Robert Johnson, Wiliam Young, John Woodal, William Felgate Humfrey Westwood, Richard Champion, Henry Robinson, Francis Mapes, William Sambach, Ralegh Crashaw, Daniel Tucker, Thomas Grave, Hugh Willeston, Thomas Culpepper, of Wigsel, Esq. John Culpepper, Gentleman, Henry Lee, Josias Kerton, Gentleman, John Pory, Gentleman, Henrv Collins, George Burton, William Atkinson, Thomas Forest, John Russel, John Holt, Harman Harrison. Gabriel Beedel, John Beedel, Henry Dawkes, George Scot, Edward Eleetwood, Gentleman, Richard Rogers, Gentleman, Arthur Robinson, Robert Robinson, John Huntley, John Gray, William Payne, William Field, William Wattey, William Webster, John Dingley, Thomas Draper, Richard Glanvil, Arnold Hulls, Henry Roe, William More, Nicholas Gryce, James Monger, Nicholas Andrews, Jeremy Haydon, Ironmonger, Philip Durette' John Quarles, John West, Matthew Springham, John Johnson, Christopher Hore, Thomas Snead, George Berkeley, Arthur Pet, Thomas Careles, William Berkley, Thomas Johnson, Alexander Bents, Captain William King, George Sandys, Gentleman, James White, Gentleman, Edmond Anne, Charles Towlar, Richard Reynold, Edward Webb, Richard Maplesden, Thomas Lever, David Bourne, Thomas Wood, Ralph Hamer, Edward Barnes, Mercer, John Wright, Mercer Robert Middleton, Edward I,ittlefield, Katharine West, Thomas Web, Ralph lying, Robert Coppin, James Askew, Christopher Holt, William Bardwell, Alexander Chiles, Lewis Tate, Edward Ditchfield, James Swifte, Richard Widdowes, goldsmith, Redmond Brudenell, Edward Purcell, John Hansford, Edward Woo]ler, William Palmer, haberdasher, John Badger John Hodgson, Peter Mounsel, John Carril, John Bushride, Lillian Dun, Thomas Johnson, Nicholas Benson Thomas Shipton, Nathaniel Wade, Randal Wetwood, Matthew Dequester, Charles Hawkins, Hugh Hammersley, Abraham Cartwright, George Bennet, William Cater, Richard Goddard, Henry Cromwell, Phineas Pet, Robert Cooper, John Cooper, Henry Newce, Edward Wilkes, Robert Bateman, Nicholas Farrar, John Hewhouse, John Cason, Thomas Harris, Gentleman, George Etheridge, Gentleman, Thomas Mayle, Gentleman, Richard Stafford, Thomas , Richard Cooper, John Wrestrow, Edward Welch, Thomas Britain, Thomas Knowles Octavian Thorne, Edmond Smith, John March, Edward Carew, Thomas Pleydall, Richard Let, Miles Palmer, Henrv Price, John Joshua, Gentleman, William Clauday, Jeremy Pearsye, John Bree, Gentleman, William Hampson, Christopher Pickford, Thomas Hunt, Thomas Truston, Christopher Salmon, Jolm Howard, clerk, Richard Partridge, Allen Cassen, Felix Wilson, Thomas Bathurst, George Wilmer, Andrew Wilmer, Maurice Lewellin, Thomas Godwin, Peter Burgoyne, Thomas Burgoyne, Robert Burgoyne, Robert Smith, Merchant Taylor, Edward Cage, grocer, Thomas Cannon, Gentleman, William Welby, stationer, Clement Wilmer, Gentleman, John Clapham, Gentleman, Giles Francis, Gentleman, George Walker, Sadler, John Swinhow, stationer, Edward Bishop, stationer, Leonard White, Gentleman, Christopher Baron, Peter Benson, Richard Smith, George Proctor, minister, Millicent Ramsdent, widow' Joseph Soane, Thomas Hinshaw, John Baker, Robert Thornton, John Davis, Edward Facet, George Newce, Gentleman, John Robinson, Captain Thomas Wood, William Brown, shoemaker, Robert Barker, shoemaker, Robert Pennington, Francis Burley, minister, William Quick, grocer, Edward Lewis, grocer, Laurence Campe, draper, Aden Perkins, grocer, Richard Shepherd, preacher, William Sherley, haberdasher, William Taylor, haberdasher, Edwin Lukin, Gentleman, John Franklvn, haberdasher, John Southwick, Peter Peate, George Johan, ironmonger, George Yeardley, Gentleman, Henry Shelly, John Prat, Thomas Church, draper, William Powel, Gentleman, Richard Frith, Gentleman, Thomas Wheeler, draper, Francis Easlerig, Gentleman, Hugh Shipley, Gentleman, John Andrews, the Elder, Doctor of Cambridge, Francis Whistler, Gentleman, Jhon Vassal, Gentleman, Richard Howle. Edward Berkeley, Gentleman, Richard Keneridgburg, Gentleman, Nicholas Exton, draper, William Bennet, fishmonger, James Haywood, Merchant, Nicholas Isaac, Merchant, William Gibbs, Merchant, Bishop, Bernard Mitchel, Isaac Mitchel, John Streate, Edward Gall, John Martin, Gentleman, Thomas Fox, Luke Lodge, John Woodliffe, Gentleman, Richard Webb, Vincent LONV, Samuel Burnham, Edmund Pears. haberdasher, John Googe John St. John, Edward Vaughan, William Dunn, Thomas Alcocke, John Andrews, the younger, of Cambridge, Samuel Smith, Thomas Gerrard, Thomas Whittingham, William Canning, Paul Canning, George Chandler, Henry Vincent, Thomas lketley, James Skelton, James Mountaine, George Webb, gentleman, Joseph Newbridge, smith, Josiah Mand, Captain Ralph Hamer, the younger, Edward Brewster, the son of William Brewster, Leonard Harwood, mercer, Philip Druerdent, William Carpenter, Tristian Hill, Robert Cock, grocer, Laurence Grecie, grocer, Samuel Winch, grocer, Humphry Stile, grocer, Avern Dransfield, grocer, Edward Hodges, grocer, Edward Beale, grocer, Thomas Culler, grocer, Ralph Busby, grocer, John Whittlngham, grocer, John Hide, grocer, Matthew Shepherd, grocer, Thomas Allen, grocer, Richard Hooker grocer, Lawrence Munks, grocer, John Tanner, grocer, Peter Gate. grocer, John Blunt, grocer, Robert Phipps, grocer, Robert Berrisford, grocer, Thomas Wells, grocer, John Ellis, grocer, Henry Colthurst, grocer, John Cavady, grocer, Thomas Jennings, grocer, Edmond Baschall, grocer, Timothy Bathurst, grocer, Giles Parslow, grocer, Robert Milmay, grocer, Richard Johnson, grocer, William Johnson, vintner, Ezekiel Smith, Richard Martin, William Sharpe, Robert Rich, William Stannard, innholder, John Stocken, William Strachey, gentleman, George Farmer, gentleman, Thomas Gypes, cloth-worker, Abraham Davies, gentleman, Thomas Brocket, gentleman, George Bache, fishmonger, John Dike, fishmonger, Henry Spranger, Richard Farrington, Christopher Vertue, vintner, Thomas Bayley, vintner, George Robins, vintner, Tobias Hinson, grocer, Vrian Spencer, Clement Chickeley, John Scarpe, gentleman, James CampbelL ironmonger, Christian Clitheroe, ironmonger, Philip Jacobson, Peter Jacobson, of Antwerp, William Berkeley, Miles Banks, cutler, Peter Higgons, grocer, Henry John, gentleman, John Stokley, merchant taylor, the Company of Mercers, the Company of Grocers, the Company of Drapers, the Company of Fishmongers, the Company of Goldsmiths, the Company of Skinners, the Company of MerchantTaylors, the Company of Haberdashers, the Company of Salters, the Company of Ironmongers, the Company of Vintners, the Company of Clothworkers, the Company of Dyers, the Company of Brewers, the Company of Leathersellers, the Company of Pewierers, the Company of Gutlers, the Company of Whitebakers, the Company of Wax-Chandlers, the Company of Tallow-Chandlers, the Company of Armourers, the Company of Girdlers, the Company of Butchers, the Company of Sadlers, the Company of Carpenters, the Company of Cordwaynes, the Company of Barber-Chirurgeons, the Companv of Paintstainers, the Company of Curriers, the Company of Masons, the Company of Plumbers, the Company of Innholders, the Company of Founders, the Company of Poulterers, the Company of Cooks, the Company of Coopers, the Company of Tylers and Brick]ayers, the Company of Boyers, the Company of Fletchers, the Company of Blacksmiths, the Company of Joiners, the Company of Weavers, the Company of Woolmen, the Company of Woodmongers, the Company of Scriveners, the Company of Fruiterers, the Company of Plasterers, the Company of Brownbakers, the Company of Stationers, the Company of Imbroiderers, the Company of Upholsterers, the Company of Musicians, the Company of Turners, the Company of Gardners, the Company of Basketmakers, the Companv of Glaziers, John Levet, Merchant, Thomas Nornicot, clothworker, Richard Venn, haberdasher, Thomas Scott, gentleman, Thomas Juxon, merchant-taylor, George Hankinson, Thomas Seyer, gentleman, Matthew Cooper, George Buttler, gentleman, Thomas Lawson, gentleman, Edward Smith, haberdasher, Stephen Sparrow, John Jones, merchant, Reynolds, Brewer, Thomas Plummer, merchant, Jame Duppa, brewer, Rowland Coitmore, William Southerne, George Whitmore, haberdasher, Anthony Gosnold, the younger, John Allen, fishmonger, Simon Yeomans, fishmonger, Lancelot Davis, gentleman, John Hopkins, alderman of Bristol, John Kettleby, gentleman, Richard Clene, goldsmith, George Hooker, gentleman, Robert Chening, yeoman, and to such and so many as they do, or shall hereafter admit to be joined with them, in the form hereafter in these presents expressed, whether they go in their Persons to be Planters there in the said Plantation, or whether they do not, but adventure their monies, goods, or Chattles, that they shalTbb one Body or Commonalty perpetual, and shall have perpetual Succession and one common Seal to serve for the said Body or Commonalty, and that they and their Successors shall be known, called, and incorporated by the Name of The Treasurer and Company of Adventurers and Planters of the City of London, for the first Colony in Virginia. And that they and their Successors shall be from henceforth forever enabled to take, acquire, and purchase by the Name aforesaid (Licence for the same from Us, our Heirs, and Successors, first had and obtained) any Manner of Lands, Tenements, and Hereditaments, Goods and Chattles, within our Realm of England, and Dominion of Wales. And that they, and their Successors, shall likewise be enabled by the Name aforesaid, to plead and be impleaded, before any of our Judges or Justices in any of our Courts, and in any Actions or Suits whatsoever. And we do also of our special Grace, certain Knowledge, and mere Motion, give, grant and confirm, unto the said Treasurer and Company, and their Successors, under the Reservations, Limitations, and. Declarations hereafter expressed, all those Lands, Countries, and Territories, situate, lying, and being in that Part of America, called Virginia, from the Point of Land, called Cape or Point Comfort, all along the Sea Coast to the Northward, two hundred miles, and from the said Point of Cape Comfort, all along the Sea Coast to the Southward, two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid, up into the Land throughout from Sea to Sea, West and Northwest; And also all the Islands lying within one hundred Miles along the Coast of both Seas of the Precinct aforesaid; Together with all the Soils, Grounds, Havens, and Ports, Mines, as well Royal Mines of Gold and Silver, as other Minerals, Pearls, and precious Stones, Quarries, Woods, Rivers, Waters, Fishings, Commodities, Jurisdictions, Royalties, Privileges, Franchises, and Preheminences within the said Territories, and the Precincts thereof, whatsoever, and thereto, and thereabouts both by Sea and Land, being, or in any sort belonging or appertaining, and which We, by our Letters Patents, may or can grant, in as ample Manner and Sort, as We, or any our noble Progenitors, have heretofore granted to any Company, Body Politic or Corporate, or to any Adventurer or Adventurers, Undertaker or Undertakers of any Discoveries, Plantations, or Traffic, of, in, or into any Foreign Parts whatsoever, and in as large and ample Manner, as if the same were herein particularly mentioned and expressed; To HAVE AND TO HOLD, possess and enjoy, all and singular the said Lands, Countries and Territories, with all and singular other the Premises heretofore by these Presents granted, or mentioned to be granted to them, the said Treasurer and Company, their Successors and Assigns forever To the sole and proper Use of them, the said Treasurer and Company, their Successors and Assigns forever; To BE HOLDEN of Us, our Heirs and Successors, as of our Manor of East-Greenwich, in free and common Soccage, and not in Capite; YIELDING and PAYING therefore, to Us, our Heirs and Successors, the fifth Part only of all Ore of Gold and Silver, that from Time to Time, and at all Times hereafter, shall be there gotten, had, or obtained, for all Manner of Services. AND nevertheless, our Will and Pleasure is, and we do by these Presents, charge and command, warrant and authorize, that the said Treasurer, and Company, or their Successors, or the major Part of them which shall be present and assembled for that Purpose, shall from Time to Time, under their common Seal, DISTRIBUTE, convey, assign, and set over such particular Portions of Lands, Tenements, and Hereditaments, by these Presents formerly granted unto such our loving Subjects, naturally born, or Denizens, or others, as well Adventurers as Planters, as by the said Company (upon a Commission of Survey and Distribution, executed and returned for that Purpose) shall be nominated, appointed, and allowed; Wherein our Will and Pleasure is, that Respect be had as well of the Proportion of the Adventurer, as to the special Service, Hazard, Exploit, or Merit of any Person so to be recompensed, advanced, or rewarded. AND forasmuch as the good and prosperous Success of the said Plantation, cannot but chiefly depend next under the Blessing of God, and the Support of our Royal Authority, upon the provident and good Direction of the whole Enterprise, by a careful and understanding Council, and that it is not convenient, that all the Adventurers shall be so often drawn to meet and assemble, as shall foe requisite for them to have Meetings and Conference about the Affairs thereof; Therefore we Do ORDAIN, establish and confirm, that there shall be perpetually one COUNCIL here resident, according to the Tenour of our former Letters-Patents; Which Council shall have a Seal for the better Government and Administration of the said Plantation, besides the legal Seal of the Company or Corporation, as in our former Letters-Patents is also expressed. AND further, We ESTABLISH and ORDAIN, That Henry Earl of Southampton, William Earl of Pembroke, Henry Earl of Lincoln, Thomas, Earl of Exeter, Robert, Lord Viscount Lisle, Lord Theophilus Howard, James, Lord Bishop of Bath and Wells, Lord Edward Zouche, Thomas Lord Lawarr, William, Lord Mounteagle, Edmund, Lord Sheffield, Gray, Lord Chandois, John, Lord Stanhope, George, Lord Carew, Sir Humfrey Weld, Lord Mayor of London, Sir Edward Cecil, Sir William Wade, Sir Henry Nevil, Sir Thomas Smith, Sir Oliver Cromwell, Sir Peter Manwood, Sir Thomas Challoner, Sir Henry Hobert, Sir Francis Bacon, Sir George Coppin, Sir John Scot, Sir Henry Carey, Sir Robert Drury, Sir Horatio Vere, Sir Edward Conway, Sir Maurice Berkeley, Sir Thomas Gates, Sir Michael Sandys, Sir Robert Mansell, Sir John Trevor, Sir Amias Preston, Sir William Godolphin, Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshaw, Sir Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir William Homney, Sir Thomas Roe, Sir Baptist Hicks, Sir Richard Williamson, Sir Stephen Poole, Sir Dudley Digges, Christopher Brooke, Esq. John Eldred, and Jolm Wolstenholme shall be our Council for the said Company of Adventurers and Planters, in Virginia. AND the said Thomas Smith, We Do ORDAIN to be Treasurer of the said Company; which Treasurer shall have Authority to give Order for the Warning of the Council, and summoning the Company to their Courts and Meetings AND the said Council and Treasurer, or any of them shall be from henceforth nominated, chosen, continued, displaced, changed, altered and supplied, as Death, or other several Occasions shall require, out of the Company of the said Adventurers, by the Voice of the greater part of the said Company and Adventurers, in their Assembly for that Purpose: PROVIDED always, That every Counsellor so newly elected, shall be presented to the Lord Chancellor of England, or to the Lord High Treasurer of England, or to the Lord Chamberlain of the Household of Us, our Heirs and Successors for the Time being, to take his Oath of a Counsellor to Us, our Heirs and Successors, for the said Company of Adventurers and Colony in Virginia. AND we do by these Presents, of our special Grace, certain Knowledge, and mere Motion, for Us, our Heirs and Successors, GRANT unto the said Treasurer and Company, and their Successors, that if it happen at any Time or Times, the Treasurer for the Time being to be sick, or to have any such Cause of Absence from the City of London, as shall be allowed by the said Council, or the greater part of them assembled, so as he cannot attend the affairs of that Company, in every such Case, it shall and may be lawful for such Treasurer for the Time being, to assign, constitute, and appoint one of the Council, or Company, to be likewise allowed by the Council, or the greater Part of them assembled, to be the Deputy Treasurer of the said Company; Which Deputy shall have Power to do and execute all Things which belong to the said Treasurer, during such Time as such Treasurer shall be either sick, or otherwise absent, upon Cause allowed of by the said Council, or the major Part of them, as aforesaid, so fully and wholly, and in as large and ample Manner and Form, to all Intents: and Purposes, as the said Treasurer if he were present himself, might or could do and execute the same. AND further, of our special Grace, certain Knowledge, and mere Motion, for Us, our Heirs and Successors, we do, by these Presents, GIVE and GRANT full Power and Authority to our said Council here resident, as well at this present time, as hereafter from time to time, to nominate, make, constitute, ordain and confirm, by such Name or Names, Stile or Stiles, as to them shall seem good, And likewise to revoke, discharge, change, and alter, as well all and singular Governors, Officers, and Ministers, which already have been made, as also which hereafter shall be by them thought fit and needful to be made or used for the Government of the said Colony and Plantation: AND also to make, ordain, and establish all Manner of Orders, Laws, Directions, Instructions, Forms and Ceremonies of Government and Magistracy, fit and necessary for and concerning the Government of the said Colony and Plantation; And the same, at all Times hereafter, to abrogate, revoke, or change, not only within the Precincts of the said Colony, but also upon the Seas, in going and coming to and from the said Colony, as they in their good Discretion, shall think to be fittest for the Good of the Adventurers and inhabitants there. AND we do also declare, that for divers Reasons and Considerations, Us thereunto especially moving, our Will and Pleasure is, and We do hereby ordain, that immediately from and after such Time as any such Governor or principal Officer, so to be nominated and appointed by our said Council, for the Government of the said Colony as aforesaid, shall arrive in . Virginia, and give Notice unto the Colony there resident, of our pleasure in this Behalf, the Government Power and Authority of the President and Council heretofore by our former Letters-patents there established, and all Laws and Constitutions by them formerly made shall utterly cease and be determined; And all Officers, Governors, and Ministers formerly constituted and appointed, shall be discharged, anything in our former Letters-patents concerning the said Plantation contained in any wise to the contrary notwithstanding; Straightly charging and commanding the President and Council now resident in the said Colony upon their Allegiance, after Knowledge given unto them of our Will and Pleasure by these presents signified and declared that they forthwith be obedient to such Governor or Governors as by our said Council here resident shall be named and appointed as aforesaid, and to all Directions, Orders and Commandments which they shall receive from them, as well in the present resigning and giving up of their Authority, Offices, Charge and Places, as in all other Attendance as shall be by them from time to time required. AND we do further by these presents ORDAIN and establish, that the said Treasurer and Council here resident, and their successors or any four of them being assembled (the Treasurer being one) shall from time to time have full Power and Authority to admit and receive any other Person into their Company, Corporation, and Freedom; And further in a General Assembly of Adventurers, with the consent of the greater part upon good Cause, to disfranchise and put out any Person or Persons out of the said Freedom or Company. AND we do also GRANT and confirm for Us, our Heirs and Successors, that it shall be lawful for the said Treasurer and Company and their Successors by direction of the Governors there, to dig and to search for all manner of Mines of Gold, silver, Copper, Iron, Lead, Tin, and all sorts of Minerals, as well within the precinct aforesaid, as within and part of the main land not formerly granted to any other; And TO HAVE and ENJOY the Gold, Silver, Copper, Iron, Lead, and Tin, and all other Minerals to be gotten thereby, to the use and behoof of the said company of Planters and Adventurers; YIELDING thereof, and paying Yearly unto Us, our Heirs and Successors as aforesaid. AND we do further of our special Grace, certain Knowledge, and mere Motion for Us, our Heires, and Successors, GRANT by these presents, to and with the said Treasurer and Company, and their Successors, that it shall be lawful and free for them . and their Assigns, at all and every time and times hereafter, out of our Realm of England, and out of all other our Dominions, to take and lead into the said Voyages, and for and towards the said Plantation, and to travel thitherwards and to abide and inhabit there in the said Colony and Plantation, all such and so many of our loving Subjects, or any other Strangers, that will become our loving Subjects, and live under our Obedience, as shall willingly accompany them in the said Voyage and Plantation; With sufficient Shipping, Armour, Weapons, Ordinance, Munition, Powder, Shot, Victuals, and such Merchandises or Wares as are esteemed by the wild People in those Parts, Cloathing, Implements, Furniture, Cattle, Horses, and Mares, and all other things necessary for the said Plantation, and for their Use, and Defence, and Trade with the People there; and passing and returning to and fro; Without yielding or paying Subsidy, Custom, Imposition, or any other Tax or Duty, to Us, our Heirs, or Successors, for the space of seven Years from the Date of these Presents: PROVIDED that none of the said Persons be such as shall be hereafter by special name restrained by Us, our Heirs, and Successors. AND for their further Encouragement, of our special Grace and Favour, we do by these Presents, for Us, our Heires, and Successors, YEILD and GRANT to and with the said Treasurer and Company, and their Successors, and every of them, their Factors and Assigns, that they and every of them shall be free of all Subsidies and Customs in Virginia, for the space of one and twenty Years, and from all Taxes and Impositions for ever upon any Goods or Merchandizes at any Time or Times hereafter, either upon Importation thither, or Exportation from thence into our Realm of England, or into any other of our Realms or Dominions, by the said Treasurer and Company, and their Successors, and their Deputies, Factors, or Assigns, or any of them: EXCEPT only the five Pounds per Cent. due for Custom upon all such Goods and Merchandizes as shall be brought or Imported into our Realm of England, or any other of these our Dominions according to the antient Trade of Merchants; WHICH FIVE POUNDS per Cent only being paid, it shall be thenceforth lawful and free for the said Adventurers, the same Goods and Merchandizes to export and carry out of our said Dominions into foreign Parts without any Custom, Tax, or other Duty to be paid to Us, our Heires, or Successors, or to any other our Officers or Deputies: PROVIDED, that the said Goods and Merchandizes be shipped out, within thirteen Months after their first landing within any Part of those Dominions. AND we do also GRANT and confirm to the said Treasurer and Company, and their Successors, as also to all and every such Governor, or other Officers, and Ministers, as by our said Council shall be appointed to have Power and Authority of Government and Command in and over the said Colony and Plantation; That they, and every of them, shall and lawfully may from Time to Time and at all Times for ever hereafter, for their several Defence and Safety, encounter, expulse, repel, and resist by Force and Arms, as well by Sea as by Land, and all Ways and Means whatsoever, all and every such Person and Persons whatsoever as (without the special Licence of the said Treasurer and Company and their Successors) shall attempt to inhabit within the said several Precincts and Limits of the said Colony and Plantation; And also all and every such Person and Persons whatsoever, as shall enterprise or attempt at any Time hereafter, Destruction, Invasion, Hurt, Detriment, or Annoyance, to the said Colony and Plantation, as is likewise specified in the said former Grant: AND that it shall be lawful for the said Treasurer and Company and their Successors, and every of them from Time to Time, and at all Times for ever hereafter, and they shall have full Power and Authority to take and surprise by all Ways and Means whatsoever, all and every Person and Persons whatsoever, with their Ships, Goods, and other Furniture, trafficking in any Harbour, Creek, or Place, within the Limits or Precincts of the said Colony and Plantation not being allowed by the said Company to be Adventurers or Planters of the said Colony until such Time as they being of any Realigns and Dominions under our Obedience, shall pay, or agree to pay, to the Hands of the Treasurer, or of some other Officer deputed by the said Governor of Virginia (over and above such Subsidy or Custom as the said Company is or hereafter shall be to pay) five Pounds per Cent. upon all Goods and Merchandises so brought in thither, and also five per Cent. upon all Goods by them shipped out from thence; And being Strangers and not under our Obedience until they have paid (over and above such Subsidy and Custom, as the said Treasurer and Company, or their Successors, is, or hereafter shall be to pay) ten Pounds per Cent. upon all such Goods likewise carried in and out, any Thing in the said former Letters-patents to the contrary notwithstanding;. And the same SUMS of MONEY and Benefit, aforesaid, for and during the space of one and twenty Years, shall be wholly employed to the Benefit, Use, and Behoof of the said Colony and Plantation; 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 or Successors shall be "hereunto assigned and appointed, as is specified in the said former Letters-patents. Also we do for Us, our Heirs and Successors, DECLARE by these Presents, that all and every the Persons being our Subjects, which shall go and inhabit within the said Colony and Plantation, and every their Children and Posterity, which shall happen to be born within any of the Limits thereof, shall HAVE and ENJOY all Liberties, Franchizes, and Immunities of Free Denizens and natural Subjects 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 in any other of our Dominions. AND forasmuch as it shall be necessary for all such our loving Subject as shall inhabit within the said Precincts of Virginia aforesaid, to determine to live together in the Fear and true Worship of Almighty God, Christian Peace and Civil Quietness each with other, whereby every one may with more Safety, Pleasure and Profit enjoy that whereunto they shall attain with great Pain and Peril; WE for Us, our Heirs, and Successors are likewise pleased and contented, and by these Presents do GIVE and GRANT unto the said Treasurer and Company, and their Successors, and to such Governors, Officers, and Ministers, as shall be by our said Council constituted and appointed according to the Natures and Limits of their Offices and Places respectively, that they shall and may from Time to Time, for ever hereafter, within the said Precincts of Virginia, or in the way by Seas thither and from thence, have full and absolute Power and Authority to correct, punish, pardon, govern, and rule all such the Subjects of Us, our Heires, and Successors as shall from Time to Time adventure themselves in any Voyage thither, or that shall at any Time hereafter, inhabit in the Precincts and Territories of the said Colony as aforesaid, according to such Orders, Ordinances, Constitutions, Directions, and Instructions, as by our said Council as aforesaid, shall be established; And in Defect thereof in case of Necessity, according to the good Discretions of the said Governor and Officers respectively, as well in Cases capital and criminal, as civil, both Marine and other; So always as the said Statutes, Ordinances and Proceedings as near as conveniently may be, be agreeable to the Laws, Statutes, Government, and Policy of this our Realm of England. AND we do further of our special Grace, certain Knowledge, and mere Motion, GRANT, DECLARE, and ORDAIN, that such principal Governor, as from Time to Time shall duly and lawfully be authorized and appointed in Manner and Form in these Presents heretofore expressed, shall have full Power and Authority, to use and exercise Martial Law in Cases of Rebellion or Mutiny, in as large and ample Manner as our Lieutenants in our Counties within this our Realm of England have or ought to have, by Force of their Commissions of Lieutenancy. AND furthermore, if any Person or Persons, Adventurers or Planters of the said Colony, or any other at any Time or Times hereafter, shall transport any Monies, Goods, or Merchandises, out of any of our Kingdoms with a Pretence or Purpose to land, sell, or otherwise dispose of the same within the Limits or Bounds of the Said Colony, and yet nevertheless being at Sea, or after he hath landed: within any part of the said Colony, shall carry the same into any other foreign Country with a Purpose there to sell and dispose thereof; That then all the Goods and Chattels of the said Person or Persons so offending, and transported, together with the Ship or Vessel wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Successors. AND further, our Will and Pleasure is, that in all Questions and Doubts that shall arise upon any difficulty of Construction or Interpretation of any Thing contained either in this, or in our said former Letters-patents, the same shall be taken and interpreted in most ample and beneficial Manner for the said Treasurer and Company, and their Successors, and every Member thereof. AND further, we do. by these Presents RATIFY and CONFIRM unto the said Treasurer and Company, and their Successors, all the Privileges, Franchises, Liberties, and Immunities granted in our said former Letters-patents, and not in these our Letters-patents, revoked, altered, changed, or abridged. AND finally our Will and Pleasure is, and we do further hereby for Us, our Heirs, and Successors, GRANT and AGREE, to and with the said Treasurer and Company, and their Successors, that all and singular Person and Persons, which shall at any Time or Times hereafter adventure any Sum or Sums of Money, in and towards the said Plantation of the said Colony in Virginia, and shall be admitted by the said Council and Company, as Adventurers of the said Colony in Form aforesaid, and shall be enrolled in the Book or Records of the Adventurers of the said Company, shall and may be accounted, accepted, taken, held, and reputed Adventurers of the said Colony, and shall, and may enjoy all and singular Grants, Privileges, Liberties, Benefits, Profits, Commodities and Immunities, Advantages and Emoluments whatsoever, as fully, largely, amply, and absolutely, as if they and every of them, had been precisely, plainly, singularly, and distinctly named and inserted in these our Letters-patents. AND lastly, because the principal Effect which eve can desire or expect of this Action, is the Conversion and Reduction of the People in those Parts unto the true Worship of God and Christian Religion, in which Respect we should be loath that any Person should be permitted to pass that we suspected to affect the Superstitions of the Church of Rome, we do hereby DECLARE, that it is our Will and Pleasure that none be permitted to pass in any Voyage from Time to Time to be made into the said Country, but such as first shall have taken the Oath of Supremacy; For which Purpose, we do by these Presents give full Power and Authority to the Treasurer for the Time being, and any three of the Council, to tender and exhibit the said Oath, to all such Persons as shall at any Time be sent and employed n the said Voyage. Although express Mention of true yearly Value or Certainty of the Premisses, or any of then), or of any other Gifts or Grants by Us, or any of our Progenitors or Predecessors to the aforesaid Treasurer and Company heretofore made in these Presents, is not made; Or any Act, Statute, Ordinance, Provision, Proclamation, or Restraint' to the contrary hereof had, made, ordained, or provided, or any other Thing, Cause, or Matter whatsoever in any wise notwithstanding. IN WITNESS whereof, We have caused these our Letters to be made Patent. Witness ourself at Westminster, the 23d Day of May, in the seventh Year of our Reign of England, France, and Ireland, and of Scotland the * PER IPSUM REGEM.
- Virginia's 1606 Charter
The First Charter of Virginia April 10, 1606 The First Charter of Virginia James, by the grace of God [King of England, Scotland, France, and Ireland, Defender of the Faith], etc. Whereas our loving and weldisposed subjects, Sir Thomas Gates and Sir George Somers, Knightes; Richarde Hackluit, Clarke, Prebendarie of Westminster; and Edwarde Maria Winghfeilde, Thomas Hannam and Raleighe Gilberde, Esquiers; William Parker and George Popham, Gentlemen; and divers others of our loving subjects, have been humble sutors unto us that wee woulde vouchsafe unto them our licence to make habitacion, plantacion and to deduce a colonie of sondrie of our people into that parte of America commonly called Virginia, and other parts and territories in America either appartaining unto us or which are not nowe actuallie possessed by anie Christian prince or people, scituate, lying and being all along the sea coastes between fower and thirtie degrees of northerly latitude from the equinoctiall line and five and fortie degrees of the same latitude and in the maine lande betweene the same fower and thirtie and five and fourtie degrees, and the ilandes thereunto adjacente or within one hundred miles of the coaste thereof; And to that ende, and for the more speedy accomplishemente of theire saide intended plantacion and habitacion there, are desirous to devide themselves into two severall colonies and companies, the one consisting of certaine Knightes, gentlemen, marchanntes and other adventurers of our cittie of London, and elsewhere, which are and from time to time shalbe joined unto them which doe desire to begin theire plantacions and habitacions in some fitt and conveniente place between fower and thirtie and one and fortie degrees of the said latitude all alongest the coaste of Virginia and coastes of America aforesaid and the other consisting of sondrie Knightes, gentlemen, merchanntes, and other adventurers of our citties of Bristoll and Exeter, and of our towne of Plymouthe, and of other places which doe joine themselves unto that colonie which doe desire to beginn theire plantacions and habitacions in some fitt and This document appears in the Compendium: Chapter 2 Annotation: James I of England issued the First Charter of Virginia on April 10, 1606, granting the Virginia Company of London the authority to establish colonies in North America and claim lands between roughly the 34th and 41st parallels. The charter authorized the formation of a joint-stock enterprise to fund settlement, trade, and resource extraction, laying the legal foundation for the Jamestown expedition and marking England’s formal entry into sustained colonization of the Atlantic seaboard. Author: James I Transcript Source: http://www.let.rug.nl/usa/documents/1600-1650/the-first-virginia-charter-1606.php convenient place betweene eighte and thirtie degrees and five and fortie degrees of the saide latitude all alongst the saide coaste of Virginia and America as that coaste lieth; Wee, greately commending and graciously accepting of theire desires to the furtherance of soe noble a worke which may, by the providence of Almightie God, hereafter tende to the glorie of His Divine Majestie in propagating of Christian religion to suche people as yet live in darkenesse and miserable ignorance of the true knoweledge and worshippe of God and may in tyme bring the infidels and salvages living in those parts to humane civilitie and to a setled and quiet govermente, doe by theise our lettres patents graciously accepte of and agree to theire humble and well intended desires; And doe, therefore, for us, our heires and successors, grannte and agree that the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit and Edwarde Maria Winghfeilde, adventurers of and for our cittie of London, and all suche others as are or shalbe joined unto them of that Colonie, shalbe called the Firste Colonie, and they shall and may beginne theire saide firste plantacion and seate of theire firste aboade and habitacion at anie place upon the saide coaste of Virginia or America where they shall thincke fitt and conveniente betweene the saide fower and thirtie and one and fortie degrees of the saide latitude; and that they shall have all the landes, woods, soile, groundes, havens, ports, rivers, mines, mineralls, marshes, waters, fishinges, commodities and hereditamentes whatsoever, from the said first seate of theire plantacion and habitacion by the space of fiftie miles of Englishe statute measure all alongest the saide coaste of Virginia and America towardes the weste and southe weste as the coaste lieth, with all the islandes within one hundred miles directlie over againste the same sea coaste; and alsoe all the landes, soile, groundes havens, ports, rivers, mines, mineralls, woods, marrishes [marshes], waters, fishinges, commodities and hereditamentes whatsoever, from the saide place of theire firste plantacion and habitacion for the space of fiftie like Englishe miles, all alongest the saide coaste of Virginia and America towardes the easte and northeaste [or toward the north] as the coaste lieth, together with all the islandes within one hundred miles directlie over againste the same sea coaste; and alsoe all the landes, woodes, soile, groundes, havens, portes, rivers, mines, mineralls, marrishes, waters, fishinges, commodities and hereditamentes whatsoever, from the same fiftie miles everie waie on the sea coaste directly into the maine lande by the space of one hundred like Englishe miles; and shall and may inhabit and remaine there; and shall and may alsoe builde and fortifie within anie the same for theire better safegarde and defence, according to theire best discrecions and the direction of the Counsell of that Colonie; and that noe other of our subjectes shalbe permitted or suffered to plante or inhabit behinde or on the backside of them towardes the maine lande, without the expresse licence or consente of the Counsell of that Colonie thereunto in writing firste had or obtained. And wee doe likewise for us, our heires and successors, by theise presentes grannte and agree that the saide Thomas Hannam and Raleighe Gilberde, William Parker and George Popham, and all others of the towne of Plymouthe in the countie of Devon, or elsewhere, which are or shalbe joined unto them of that Colonie, shalbe called the Seconde Colonie; and that they shall and may beginne theire saide firste plantacion and seate of theire first aboade and habitacion at anie place upon the saide coaste of Virginia and America, where they shall thincke fitt and conveniente, betweene eighte and thirtie degrees of the saide latitude and five and fortie degrees of the same latitude; and that they shall have all the landes, soile, groundes, havens, ports, rivers, mines, mineralls, woods, marishes, waters, fishinges, commodities and hereditaments whatsoever, from the firste seate of theire plantacion and habitacion by the space of fiftie like Englishe miles, as is aforesaide, all alongeste the saide coaste of Virginia and America towardes the weste and southwest, or towardes the southe, as the coaste lieth, and all the islandes within one hundred miles directlie over againste the saide sea coaste; and alsoe all the landes, soile, groundes, havens, portes, rivers, mines, mineralls, woods, marishes, waters, fishinges, commodities and hereditamentes whatsoever, from the saide place of theire firste plantacion and habitacion for the space of fiftie like miles all alongest the saide coaste of Virginia and America towardes the easte and northeaste or towardes the northe, as the coaste liethe, and all the islandes alsoe within one hundred miles directly over againste the same sea coaste; and alsoe all the landes, soile, groundes, havens, ports, rivers, woodes, mines, mineralls, marishes, waters, fishings, commodities and hereditaments whatsoever, from the same fiftie miles everie waie on the sea coaste, directlie into the maine lande by the space of one hundred like Englishe miles; and shall and may inhabit and remaine there; and shall and may alsoe builde and fortifie within anie the same for theire better saufegarde according to theire beste discrecions and the direction of the Counsell of that Colonie; and that none of our subjectes shalbe permitted or suffered to plante or inhabit behinde or on the backe of them towardes the maine lande without the expresse licence or consente of the Counsell of that Colonie, in writing thereunto, firste had and obtained. Provided alwaies, and our will and pleasure herein is, that the plantacion and habitacion of suche of the saide Colonies as shall laste plante themselves, as aforesaid, shall not be made within one hundred like Englishe miles of the other of them that firste beganne to make theire plantacion, as aforesaide. And wee doe alsoe ordaine, establishe and agree for [us], our heires and successors, that eache of the saide Colonies shall have a Counsell which shall governe and order all matters and causes which shall arise, growe, or happen to or within the same severall Colonies, according to such lawes, ordinannces and instructions as shalbe in that behalfe, given and signed with our hande or signe manuell and passe under the Privie Seale of our realme of Englande; eache of which Counsells shall consist of thirteene parsons and to be ordained, made and removed from time to time according as shalbe directed and comprised in the same instructions; and shall have a severall seale for all matters that shall passe or concerne the same severall Counsells, eache of which seales shall have the Kinges armes engraven on the one side there of and his pourtraiture on the other; and that the seale for the Counsell of the saide Firste Colonie shall have engraven rounde about on the one side theise wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie; on the other side this inscripture rounde about: Pro Consillio Prime Colonie Virginie. And the seale for the Counsell of the saide Seconde Colonie shall alsoe have engraven rounde about the one side thereof the foresaide wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie; and on the other side: Pro Consilio Secunde Colonie Virginie. And that alsoe ther shalbe a Counsell established here in Englande which shall in like manner consist of thirteen parsons to be, for that purpose, appointed by us, our heires and successors, which shalbe called our Counsell of Virginia; and shall from time to time have the superior managing and direction onelie of and for all matters that shall or may concerne the govermente, as well of the said severall Colonies as of and for anie other parte or place within the aforesaide precinctes of fower and thirtie and five and fortie degrees abovementioned; which Counsell shal in like manner have a seale for matters concerning the Counsell [or Colonies] with the like armes and purtraiture as aforesaide, with this inscription engraven rounde about the one side: Sigillum Regis Magne Britanie, Francie [et] Hibernie; and rounde about the other side: Pro Consilio Suo Virginie. And more over wee doe grannte and agree for us, our heires and successors, that the saide severall Counsells of and for the saide severall Colonies shall and lawfully may by vertue hereof, from time to time, without interuption of us, our heires or successors, give and take order to digg, mine and searche for all manner of mines of goulde, silver and copper, as well within anie parte of theire saide severall Colonies as of the saide maine landes on the backside of the same Colonies; and to have and enjoy the goulde, silver and copper to be gotten there of to the use and behoofe of the same Colonies and the plantacions thereof; yeilding therefore yerelie to us, our heires and successors, the fifte parte onelie of all the same goulde and silver and the fifteenth parte of all the same copper soe to be gotten or had, as is aforesaid, and without anie other manner of profitt or accompte to be given or yeilded to us, our heires or successors, for or in respecte of the same. And that they shall or lawfullie may establishe and cawse to be made a coine, to passe currant there betwene the people of those severall Colonies for the more ease of trafiique and bargaining betweene and amongest them and the natives there, of such mettall and in such manner and forme as the same severall Counsells there shall limitt and appointe. And wee doe likewise for us, our heires and successors, by theise presents give full power and auctoritie to the said Sir Thomas Gates, Sir George Sumers, Richarde Hackluit, Edwarde Maria Winghfeilde, Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and to everie of them, and to the saide severall Companies, plantacions and Colonies, that they and everie of them shall and may at all and everie time and times hereafter have, take and leade in the saide voyage, and for and towardes the saide severall plantacions and Colonies, and to travell thitherwarde and to abide and inhabit there in everie of the saide Colonies and plantacions, such and somanie of our subjectes as shall willinglie accompanie them, or anie of them, in the saide voyages and plantacions, with sufficiente shipping and furniture of armour, weapon, ordonnance, powder, victall, and all other thinges necessarie for the saide plantacions and for theire use and defence there: provided alwaies that none of the said parsons be such as hereafter shalbe speciallie restrained by us, our heires or successors. Moreover, wee doe by theise presents, for us, our heires and successors, give and grannte licence unto the said Sir Thomas Gates, Sir George Sumers, Richarde Hackluite, Edwarde Maria Winghfeilde, Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and to everie of the said Colinies, that they and everie of them shall and may, from time to time and at all times for ever hereafter, for theire severall defences, incounter or expulse, repell and resist, aswell by sea as by lande, by all waies and meanes whatsoever, all and everie suche parson and parsons as without espiciall licence of the said severall Colonies and plantacions shall attempte to inhabit within the saide severall precincts and limitts of the saide severall Colonies and plantacions, or anie of them, or that shall enterprise or attempt at anie time hereafter the hurte, detrimente or annoyance of the saide severall Colonies or plantacions. Giving and grannting by theise presents unto the saide Sir Thomas Gates, Sir George Somers, Richarde Hackluite, and Edwarde Maria Winghfeilde, and theire associates of the said Firste Colonie, and unto the said Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and theire associates of the saide Second Colonie, and to everie of them from time to time and at all times for ever hereafter, power and auctoritie to take and surprize by all waies and meanes whatsoever all and everie parson and parsons with theire shipps, vessels, goods and other furniture, which shalbe founde traffiqueing into anie harbor or harbors, creeke, creekes or place within the limitts or precincts of the saide severall Colonies and plantacions, not being of the same Colonie, untill such time as they, being of anie realmes or dominions under our obedience, shall paie or agree to paie to the handes of the Tresorer of the Colonie, within whose limitts and precincts theie shall soe traffique, twoe and a halfe upon anie hundred of anie thing soe by them traffiqued, boughte or soulde; and being stranngers and not subjects under our obeysannce, untill they shall paie five upon everie hundred of suche wares and commoditie as theie shall traffique, buy or sell within the precincts of the saide severall Colonies wherein theie shall soe traffique, buy or sell, as aforesaide; which sommes of money or benefitt, as aforesaide, for and during the space of one and twentie yeres nexte ensuing the date hereof shalbe whollie imploied to the use, benefitt and behoofe of the saide severall plantacions where such trafficque shalbe made; and after the saide one and twentie yeres ended the same shalbe taken to the use of us, our heires and successors by such officer and minister as by us, our heires and successors shalbe thereunto assigned or appointed. And wee doe further, by theise presentes, for us, our heires and successors, give and grannte unto the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit, and Edwarde Maria Winghfeilde, and to theire associates of the saide Firste Colonie and plantacion, and to the saide Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and theire associates of the saide Seconde Colonie and plantacion, that theie and everie of them by theire deputies, ministers and factors may transport the goods, chattells, armor, munition and furniture, needfull to be used by them for theire saide apparrell, defence or otherwise in respecte of the saide plantacions, out of our realmes of Englande and Irelande and all other our dominions from time to time, for and during the time of seaven yeres nexte ensuing the date hereof for the better releife of the said severall Colonies and plantacions, without anie custome, subsidie or other dutie unto us, our heires or successors to be yeilded or paide for the same. Alsoe wee doe, for us, our heires and successors, declare by theise presentes that all and everie the parsons being our subjects which shall dwell and inhabit within everie or anie of the saide severall Colonies and plantacions and everie of theire children which shall happen to be borne within the limitts and precincts of the said severall Colonies and plantacions shall have and enjoy all liberties, franchises and immunites within anie of our other dominions to all intents and purposes as if they had been abiding and borne within this our realme of Englande or anie other of our saide dominions. Moreover our gracious will and pleasure is, and wee doe by theise presents, for us, our heires and successors, declare and sett forthe, that if anie parson or parsons which shalbe of anie of the said Colonies and plantacions or anie other, which shall trafficque to the saide Colonies and plantacions or anie of them, shall at anie time or times hereafter transporte anie wares, marchandize or commodities out of [any] our dominions with a pretence and purpose to lande, sell or otherwise dispose the same within anie the limitts and precincts of anie of the saide Colonies and plantacions, and yet nevertheles being at the sea or after he hath landed the same within anie of the said Colonies and plantacions, shall carrie the same into any other forraine countrie with a purpose there to sell or dispose of the same without the licence of us, our heires or successors in that behalfe first had or obtained, that then all the goods and chattels of the saide parson or parsons soe offending and transporting, together with the said shippe or vessell wherein suche transportacion was made, shall be forfeited to us, our heires and successors. Provided alwaies, and our will and pleasure is and wee doe hereby declare to all Christian kinges, princes and estates, that if anie parson or parsons which shall hereafter be of anie of the said severall Colonies and plantacions, or anie other, by his, theire, or anie of theire licence or appointment, shall at anie time or times hereafter robb or spoile by sea or by lande or doe anie acte of unjust and unlawfull hostilitie to anie the subjects of us, our heires or successors, or anie of the subjects of anie king, prince, ruler, governor or state being then in league or amitie with us, our heires or successors, and that upon suche injurie or upon juste complainte of such prince, ruler, governor or state or their subjects, wee, our heires or successors, shall make open proclamation within anie the ports of our realme of Englande, commodious for that purpose, that the saide parson or parsons having committed anie such robberie or spoile shall, within the terme to be limitted by suche proclamations, make full restitucion or satisfaction of all suche injuries done, soe as the saide princes or others soe complained may houlde themselves fully satisfied and contented; and that if the saide parson or parsons having committed such robberie or spoile shall not make or cause to be made satisfaction accordingly with[in] such time soe to be limitted, that then it shalbe lawfull to us, our heires and successors to put the saide parson or parsons having committed such robberie or spoile and theire procurers, abbettors or comfortors out of our allegeannce and protection; and that it shalbe lawefull and free for all princes and others to pursue with hostilitie the saide offenders and everie of them and theire and everie of theire procurors, aiders, abbettors and comforters in that behalfe. And finallie wee doe, for us, our heires and successors, grannte and agree, to and with the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit and Edwarde Maria Winghfeilde, and all other of the saide Firste Colonie, that wee, our heires or successors, upon peticion in that behalfe to be made, shall, by lettres patents under the Greate [Seale] of Englande, give and grannte unto such parsons, theire heires and assignees, as the Counsell of that Colonie or the most part of them shall for that purpose nomminate and assigne, all the landes, tenements and hereditaments which shalbe within the precincts limitted for that Colonie, as is aforesaid, to be houlden of us, our heires and successors as of our mannor of Eastgreenwiche in the countie of Kente, in free and common soccage onelie and not in capite. And doe, in like manner, grannte and agree, for us, our heires and successors, to and with the saide Thomas Hannam, Raleighe Gilberd, William Parker and George Popham, and all others of the saide Seconde Colonie, that wee, our heires [and] successors, upon petition in that behalfe to be made, shall, by lettres patentes under the Great Seale of Englande, give and grannte unto such parsons, theire heires and assignees, as the Counsell of that Colonie or the most parte of them shall for that purpose nomminate and assigne, all the landes, tenementes and hereditaments which shalbe within the precinctes limited for that Colonie as is afore said, to be houlden of us, our heires and successors as of our mannor of Eastgreenwich in the countie of Kente, in free and common soccage onelie and not in capite. All which landes, tenements and hereditaments soe to be passed by the saide severall lettres patents, shalbe, by sufficient assurances from the same patentees, soe distributed and devided amongest the undertakers for the plantacion of the said severall Colonies, and such as shall make theire plantacion in either of the said severall Colonies, in such manner and forme and for such estates as shall [be] ordered and sett [downe] by the Counsell of the same Colonie, or the most part of them, respectively, within which the same lands, tenements and hereditaments shall ly or be. Althoughe expresse mencion [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 our progenitors or predecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these presents, is not made; or any statute, act, ordnance, or provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or any other thing, cause, or matter whatsoever, in any wise notwithstanding.] In witnesse wherof [we have caused these our letters to be made patents;] witnesse our selfe at Westminister the xth day of Aprill [1606, in the fourth year of our reign of England, France, and Ireland, and of Scotland the nine and thirtieth.]
- Congress' Declaration of December 6, A Reply to the King's Proclamation of August 23, 1775
Congress' Declaration of December 6, A Reply to the King's Proclamation of August 23, 1775 DECEMBER 6, 1775 IN CONGRESS DECEMBER 6, 1775. WE the Delegates of the Thirteen United Colonies in North America have taken into our most serious consideration a Proclamation issued from the Court of St. James's on the Twenty Third day of August last. The name of Majesty is used to give it a sanction and influence; and, on that account, it becomes a matter of importance to wipe off, in the name of the people of these United Colonies, the aspersions, which it is calculated to throw upon our cause; and to prevent, as far as possible, the undeserved punishments, which it is designed to prepare for our friends. We are accused of “forgetting the allegiance which we owe to the power that has protected and sustained us.” Why all this ambiguity and obscurity in what ought to be so plain and obvious, as that he who runs may read it? What allegiance is it that we forget? Allegiance to Parliament? We never owed--we never owned it. Allegiance to our King? Our words have ever avowed it--our conduct has ever been consistent with it. We condemn, and, with arms in our hands--a resource which Freemen will never part with--we oppose the claim and exercise of unconstitutional powers, to which neither the Crown or Parliament were ever entitled. By the British Constitution, our best inheritance, rights, as well as duties, descend upon us: We cannot violate the latter by defending the former: We should act in diametrical opposition to both, if we permitted the claims of the British Parliament to be established, and the measures pursued in consequence of those claims to be carried into execution among us. Our sagacious ancestors provided mounds against the inundation of tyranny and lawless power on one side, as well as against that of faction and licentiousness on the other. On which side has the breach been made? Is it objected against us by the most inveterate and the most uncandid of our enemies, that we have opposed any of the just prerogatives of the Crown, or any legal exertion of those prerogatives? Why, then, are we accused of forgetting our allegiance?-- We have performed our duty: We have resisted in those cases, in which the right to resist is stipulated as expressly, on our part, as the right to govern is, in other cases, stipulated on the part of the Crown. The breach of allegiance is removed from our resistance as far as tyranny is removed from legal government. It is alledged that “we have proceeded to an open and avowed rebellion.” In what does this rebellion consist? It is thus described-- “Arraying ourselves in hostile manner to withstand the execution of the Law, and traiterously preparing, ordering and levying war against the King.” We know of no laws binding upon us, but such as have been transmitted to us by our ancestors, and such as have been consented to by ourselves or our representatives elected for that purpose. What laws, stampt with these characters, have we withstood? We have indeed defended them; and we will risque every thing, do every thing, and suffer every thing in their defence. To support our laws, and our liberties established by our laws, we have prepared, ordered, and levied war: But is this traiterously, or against the King? We view him as the Constitution represents him: That tells us he can do no wrong. The cruel and illegal attacks, which we oppose, have no foundation in the royal authority. We will not, on our part, lose the distinction between the King and his Ministers: Happy it would have been for some former Princes, had it been always preserved on the part of the Crown! Besides all this we observe, on this part of the proclamation, that “rebellion” is a term undefined and unknown in the law. It might have been expected, that a proclamation, which, by the British constitution, has no other operation than merely that of enforcing what is already law, would have had a known legal basis to have rested upon. A correspondence between the inhabitants of Great-Britain and their brethren in America produced, in better times, much satisfaction to individuals, and much advantage to the public. By what criterion shall one, who is unwilling to break off this correspondence, and is, at the same time, anxious not to expose himself to the dreadful consequences threatened in this This document appears in the Compendium: Chapter V Broadside of the Dec. 6, 1775 Declaration from Congress Annotation: the Second Continental Congress adopted a declaration prepared by Richard Henry Lee, James Wilson, and William Livingston, responding to George III's proclamation of 23 August that characterized the colonies as being in open rebellion. The broadside maintains that Americans remain loyal to the King but have never owed allegiance to Parliament, and argues that their armed resistance is a defense of inherited constitutional rights and laws rather than an act of rebellion. It also challenges the legal basis of the King's proclamation and warns that if Britain punishes Americans for supporting liberty, Congress will retaliate against those in American custody who support what it calls “ministerial oppression.” Its significance lies in the fact that it represents one of Congress's clearest pre-Independence statements that resistance to Parliament could be justified as a constitutional right while allegiance to the King was still maintained, illustrating the constitutional argument that preceded the eventual declaration of independence. Authors: Richard Henry Lee — Charles Willson Peale, c. 1795–1805 James Wilson William Livingston — John Wollaston, c. 1750. Text Source: https://www.loc.gov/item/90898004 proclamation--by what criterion should he regulate his conduct? He is admonished not to carry on correspondence with the persons now in rebellion in the colonies. How shall he ascertain who are in rebellion, and who are not? He consults the law to learn the nature of the supposed crime: the law is silent upon the subject. This, in a country where it has been often said, and formerly with justice, that the government is by law and not by men, might render him perfectly easy. But proclamations have been sometimes dangerous engines in the hands of those in power. Information is commanded to be given to one of the Secretaries of State of all persons “who shall be found carrying on correspondence with the persons in rebellion, in order to bring to condign punishment the authors, perpetrators or abettors of such dangerous designs.” Let us suppose, for a moment, that some persons in the colonies are in rebellion, and that those, who carry on correspondence with them, might learn, by some rule, which Britons are bound to know, how to discriminate them: Does it follow that all correspondence with them deserves to be punished? It might have been intended to apprise them of their danger, and to reclaim them from their crimes. By what law does a correspondence with a criminal transfer or communicate his guilt? We know that those who aid and adhere to the King's enemies; and those, who correspond with them in order to enable them to carry their designs into effect; are criminal in the eye of the law. But the law goes no farther. Can proclamations, according to the principles of reason and justice and the constitution go farther than the law? But, perhaps, the principles of reason and justice and the constitution will not prevail: Experience suggests to us the doubt: If they should not, we must resort to arguments drawn from a very different source. We, therefore, in the name of the people of these United Colonies, and by authority, according to the purest maxims of representation, derived from them, declare, that whatever punishment shall be inflicted upon any persons in the power of our enemies for favouring aiding or abetting the cause of American liberty shall be retaliated in the same kind and the same degree upon those, in our power, who have favoured, aided or abetted, or shall favour, aid or abet the system of ministerial oppression. The essential difference between our cause and that of our enemies might justify a severer punishment: The law of retaliation will unquestionably warrant one equally severe. We mean not, however, by this declaration, to occasion or to multiply punishments: Our sole view is to prevent them. In this unhappy and unnatural controversy, in which Britons fight against Britons and the descendants of Britons, let the calamities immediately incident to a civil war suffice. We hope additions will not, from wantonness be made to them on one side: We shall regret the necessity, if laid under the necessity of making them on the other. Extract from the Minutes, CHARLES THOMSON, Sec. PRINTED BY JOHN DUNLAP.
- Colonial Pics
Landing of Columbus — John Vanderlyn 1847 Low Res. Landing of Columbus — John Vanderlyn 1847 Low Res. Maximilian I - Bernhard Strigel, c. 1508 Voyages of Christopher Columbus - Simeon Netchev 2021 Real Cedula (Royal Order) for exporting African Slaves to the Americas - September 16, 1501 A letter from Spanish monarchs Ferdinand and Isabel to Nicolas Ovando allowing black slaves of African descent to be imported to Hispaniola (present day Dominican Republic and Haiti), 16 September 1501, courtesy of the Archivo General de Indias, Sevilla, Spain. The monarchs reasoned that recent converts, heretics, and peoples of other religions would harm the American Indians’ conversion to Catholicism. However, they permitted slaves of sub-Saharan African descent provided that they were born in Spain. This is the first known example of Europeans transporting black slaves across the Atlantic to work in the New World. Isabella's Letter to Ovando on establishing the Encomienda - December 20, 1503 Letter from the Spanish monarchs Ferdinand and Isabel to Nicolas Ovando, Spain, 20 March 1503, courtesy of the Archivo General de Indias, Sevilla, Spain. The monarchs, on Ovando's recommendation, ban the trans-Atlantic slave trade. In the fourth paragraph from the top, the Spanish monarchs address Ovando’s concern that escaped black slaves might inspire the American Indians on Hispaniola to revolt and, on Ovando’s recommendation, Ferdinand and Isabel ban the trans-Atlantic slave trade. Spanish Atrocities during the Conquest of Hispaniola - Theodor de Bry ca. 1552 Bobadilla Betrays Columbus - Luigi Gregori c. 1883 Vasco Núñez de Balboa - 1791. Map of the Voyages of Amerigo Vespucci - Simeon Netchev Real Cedula 1501 Nicolas Ovando Cover of "Leyes Nuevas" of 1542 The death of Queen Isabella the Catholic - Eduardo Rosales Germaine of Foix Diego Velázquez de Cuéllar - 1728 Henry VIII — Meynnart Wewyck, 1509 Possibly Catherine of Aragon c. 1502 — Michael Sittow 1514 An account of the Magellian Expedition Narvaez Failed Expedition/Cabeza de Vaca Odessy The Trial of Queen Catherine of Aragon - Henry Nelson O'Neil 1846–1848 Portrait of Anne Boleyn, Henry's second queen 1534 The annulment verdict given by Thomas Cranmer, 1533 Jane Seymour De Soto Expedition Niccolo Machiavelli Anne of Cleves - Hans Holbein the Younger 1539 Coronado Expedition Catherine Howard - Hans Holbein the Younger 1540 Catherine Parr, Henry's sixth and last wife Portrait of Edward VI of England Lady Jane Grey Mary I Mary and Philip Philip II - Jooris van der Straeten, c. 1554 Bernardino de Sahagun The Abdication of Emperor Charles V in Favor of his son Philip II - Louis Gallait 1842 Ferdinand I - Hans Bocksberger the Elder Elizabeth in her Coronation Robes Maximilian II - Nicolas Neufchatel c. 1566 (became HRE July 25, 1564 - October 12, 1576 Henry Morgan's Panama Expedition Rudolf II - Martino Rota, c. 1576-1583 (October 12, 1576 - January 20, 1612) Francis Drake's First Expedition Failed Assassination of Admiral de Coligny One morning at the gates of the Louvre - Édouard Debat-Ponsan. Historia general de las Cosas de Nueva España Sir Humphrey Gilbert Sir Humphrey Gilbert's Expedition Charter to Sir Walter Raleigh Sir Raleigh Knighted Roanoke Colony Map - John White The Death of Mary Stuart - Abel de Pujol Baptism of Virginia Dare John White Returns to Roanoke English Blockade of Western Cuba The arrival of the Great Carrack 'Madre de Dios' at Dartmouth Harbour, 18th Sept 1592 - 19th century illustration. Recife in the early 17th century - Gillis Peeters Raleigh's raid on the island of Trinidad. The captured Spanish Governor de Berrío is being escorted - Theodore de Bry Burial of Drake off Panama - Thomas Davidson British illustration of the battle Elizabeth's Death - Paul Delaroche 1828 Matthias - Lucas van Valckenborch, 1583 (June 13, 1612 - March 20, 1619) Ferdinand II - Ferdinand, c. 1614 (August 28, 1619 - February 15, 1637) Ferdinand III - Frans Luycx, c. 1660–68 (February 15, 1637 - April 2, 1657) James I Treaty of London Engraving by Champlain of the Battle Galileo facing the Roman Inquisition - Cristiano Banti 1857 Mayflower Compact Massacre of Jamestown - Matthaeus Merian 1628 Cannon from Nuestra Señora de Atocha at the Archivo General de Indias, Seville Attack on San Salvador (c. 1624), oil painting by Andries van Eertvelt (1590–1652) Charles I Galileo before the Holy Office - Joseph-Nicolas Robert-Fleury Pequot War Mystic Massacre Treaty of Hartford Cover of the Bloody Tenent Rump Parliament Appoints a Council of State Leviathan - Thomas Hobbes Battle of Worcester Oliver Cromwell Becomes Lord Protector of the Commonwealth Flushing Remonstrance Richard Cromwell Charles II Lands in England Charles II becomes King Charter of Connecticut Rhode Island Royal Charter Concession and Agreement of New Jersey Dutch Surrender of New Netherlands to England Fundamental Constitutions of Carolina A Bill of Mortality for the plague in 1665 Great Fire of London Burning of the English fleet at Chatham — Willem Schellinks James II Declaration For Liberty of Conscience Mathematical Principles of Natural Philasophy - Isaac Newton William and Mary become co-monarchs Second Treatise of Government - John Locke Charter of Massachusetts Bay Colony 1691 Anne, Queen of Great Britain and Ireland by Michael Dahl George I - Godfrey Kneller George II - Thomas Hudson The Walk Frederick during his early reign by Antoine Pesne Maria-Theresa An Incident in the Rebellion of 1745 - David Morier 1750 Third Attack on the Cartagena de Indias Siege of Arcot - Harry H. Johnston 1913 Robert Clive and Mir Jafar after the Battle of Plassey, 1757, by Francis Hayman The Spirit of Laws- Montesquieu Jumonville affair Fort Necessity - Robert Griffing. Braddock Expedition Robert Monckton - Benjamin West Battle of Monongahela (Braddock's Defeat) Battle of Fort Oswego Siege of Fort William Henry Fort William Henry Massacre Cover of The Law of Nations - Emerich de Vattel Capture of the Foudroyant by HMS Monmouth - Francis Swaine Siege of Louisbourg - Richard Paton 1758 The Victory of Montcalm's Troops at Carillon - Henry Alexander Ogden Battle of Fort Frontenac An Iroquois pipe tomahawk from the Easton peace talks George Washington planting the Union Flag on the ruins of Fort Duquesne The battle off Lagos - Richard Paton 1760 The Death of General Wolfe - Benjamin West 1770 The Battle of Quiberon Bay - Dominic Serres 1779 The Battle of Sainte-Foy - George B. Campion A view of the City of Quebec - Captain Hervey Smyth A Bend in the St. Lawrence - Elizabeth Simcoe Battle of Restigouche Articles of Capitulation of Montreal George III Becomes King Capture of Belle Ile Battle of Cape Finisterre Battle of Signal Hill
- Thaddeus Stevens’ Speech on the 1867 Reconstruction Act
Thaddeus Stevens’ Speech on Reconstruction January 3rd, 1867 Mr. Speaker, I am very anxious that this bill should be proceeded with until finally acted upon. I desire that as early as possible, without curtailing debate, this House shall come to some conclusion as to what shall be done with the rebel States. This becomes more and more necessary every day; and the late decision of the Supreme Court of the United States has rendered immediate action by Congress upon the question of the establishment of governments in the rebel States absolutely indispensable. That decision, although in terms perhaps not as infamous as the Dred Scott decision, is yet far more dangerous in its operation upon the lives and liberties of the loyal men of this country. That decision has taken away every protection in everyone of these rebel States from every loyal man, black or white, who resides there. That decision has unsheathed the dagger of the assassin and places the knife of the rebel at the throat of every man who dares proclaim himself to be now, or to have been heretofore, a loyal Union man. If the doctrine enunciated in that decision be true, never were the people of any country anywhere, or at any time, in such terrible peril as are our loyal brethren at the South, whether they be black or white, whether they go there from the North or are natives of the rebel States. Now, Mr. Speaker, unless Congress proceeds at once to do something to protect these people from the barbarians who are now daily murdering them; who are murdering the loyal whites daily and daily putting into secret graves not only hundreds but thousands of the colored people of that country; unless Congress proceeds at once to adopt some means for their protection, I ask you and every man who loves liberty whether we will not be liable to the just censure of the world for our negligence or our cowardice or our want of ability to do so? Now, sir, it is for these reasons that I insist on the passage of some such measure as this. This is a bill designed to enable loyal men, so far as I could discriminate them in these States, to form governments which shall be in loyal hands, that they may protect themselves from such outrages as I have mentioned. In States that have never been restored since the rebellion from a state of conquest, and which are this day held in captivity under the laws of war, the military authorities, under this decision and its extension into disloyal States, dare not order the commanders of departments to enforce the laws of the country. One of the most atrocious murderers that has ever been let loose upon any community has lately been liberated under This document appears in the Compendium: Chapter 14 Annotation: Representative Thaddeus Stevens of Pennsylvania addressed the House of Representatives in support of stronger congressional Reconstruction, arguing that Congress, not the President, possessed the constitutional authority to reconstruct the former Confederate states and determine the conditions for their restoration to the Union. He maintained that Reconstruction had to establish genuinely republican governments founded on liberty and justice, including political participation for African Americans, because without Black suffrage loyal citizens in the South would remain vulnerable to oppression by former Confederates. Stevens also defended the use of federal power to protect those rights, declaring that the nation could not call itself a true republic while millions of Americans remained subjects rather than citizens. Authors: Thaddeus Stevens Text Source: https://www.blackpast.org/african-american-history/1867-thaddeus-stevens-reconstruction/ this very decision, because the Government extended it, perhaps according to the proper construction, to the conquered States as well as to the loyal States. A gentleman from Richmond, who had personal knowledge of the facts, told me the circumstances of the murder. A colored man, driving the family of his employer, drove his wagon against a wagon containing Watson and his family. The wagon of Watson was broken. The next day Watson went to the employer of the colored man and complained. The employer offered to pay Watson every dollar that he might assess for the damage that had been done. “No” said he , “I claim the right to chastise the scoundrel.” He followed the colored man, took out his revolver, and deliberately shot him dead in the presence of that community. No civil authority would prosecute him; and, when taken into custody by the military authority, he is discharged by order of the President under this most injurious and iniquitous decision. Now, sir, if that decision be the law, then it becomes the more necessary that we should proceed to take care that such a construction as that shall not open the door to greater injuries than have already been sustained. Thus much I have said at the outset of my remarks, which shall not be very long. The people have once more nobly done their duty. May I ask, without offense, will Congress have the courage to do its duty? Or will it be deterred by the clamor of ignorance, bigotry, and despotism from perfecting a revolution begun without their consent, but which ought not to be ended without their full participation and concurrence? Possibly the people would not have inaugurated this revolution to correct the palpable incongruities and despotic provisions of the Constitution; but having it forced upon them, will they be so unwise as to suffer it to subside without erecting this nation into a perfect Republic? Since the surrender of the armies of the confederate States of America a little has been done toward establishing this Government upon the true principles of liberty and justice; and but a little if we stop here. We have broken the material shackles of four million slaves. We have unchained them from the stake so as to allow them locomotion, provided they do not walk in paths which are trod by white men. We have allowed them the unwonted privilege of attending church, if they can do so without offending the sight of their former masters. We have even given them that highest and most agreeable evidence of liberty as defined by the “great plebeian” the “right to work.” But in what have we enlarged their liberty of thought? In what have we taught them the science and granted them the privilege of self-government? We have imposed upon them the privilege of fighting our battles, of dying in defense of freedom, and of bearing their equal portion of taxes; but where have we given them the privilege of ever participating in the formation of the laws for the government of their native land? By what civil weapon have we enabled them to defend themselves against oppression and injustice? Call you this liberty? Call you this a free Republic where four millions are subjects but not citizens? Then Persia, with her kings and satraps, was free; then Turkey is free! Their subjects had liberty of motion and of labor, but the laws were made without and against their will; but I must declare that, in my judgment, they were as really free governments as ours is to-day. I know they had fewer rulers and more subjects, but those rulers were no more despotic than ours, and their subjects had just as large privileges in governing the country as ours have. Think not I would slander my native land; I would reform it. Twenty years ago I denounced it as a despotism. Then, twenty million white men enchained four million black men. I pronounce it no nearer to a true Republic now when twenty-five million of a privileged class exclude five million from all participation in the rights of government. The freedom of a Government does not depend upon the quality of its laws, but upon the power that has the right to enact them. During the dictatorship of Pericles his laws were just, but Greece was not free. During the last century Russia has been blessed with most remarkable emperors, who have generally decreed wise and just laws, but Russia is not free. No Government can be free that does not allow all its citizens to participate in the formation and execution of her laws. There are degrees of tyranny. But every other government is a despotism. It has always been observed that the larger the number of the rulers the more cruel the treatment of the subject races. It were better for the black man if he were governed by one king than by twenty million. What are the great questions which now divide the nation? In the midst of the political Babel which has been produced by the intermingling of secessionists, rebels, pardoned traitors, hissing Copperheads, and apostate Republicans, such a confusion of tongues is heard that it is difficult to understand either the questions that are asked or the answers that are given. Ask, what is the “President’s policy?” and it is difficult to define it. Ask, what is the “policy of Congress?” and the answer is not always at hand. A few moments may be profitably spent in seeking the meaning of each of these terms. Nearly six years ago a bloody war arose between different sections of the United States. Eleven States, possessing a very large extent of territory, and ten or twelve million people, aimed to sever their connection with the Union, and to form an independent empire, founded on the avowed principle of human slavery and excluding every free State from this confederacy. They did not claim to raise an insurrection to reform the Government of the country -a rebellion against the laws-but they asserted their entire independence of that Government and of all obligations to its laws. They were satisfied that the United States should maintain its old Constitution and laws. They formed an entirely new constitution; a new and distinct government, called the “confederate States of America.” They passed their own laws, without regard to any former national connection. Their government became perfectly organized, both in its civil and military departments. Within the broad limits of those eleven States the “confederate States” had as perfect and absolute control as the United States had over the other twenty-five. The” confederate States” refused to negotiate with the United States, except upon the basis of independence of perfect national equality. The two powers mutually prepared to settle the question by arms. They each raised more than half a million armed men. The war was acknowledged by other nations as a public war between independent belligerents. The parties acknowledged each other as such, and claimed to be governed by the law of nations and the laws of war in their treatment of each other. On the result of the war depended the fate and ulterior condition of the contending parties. No one then pretended that the eleven States had any rights under the Constitution of the United States, or any right to interfere in the legislation of the country. Whether they should ever have all men of both sections, without exception, agreed would depend on the will of Congress, if the United States were victorious. The confederate States claimed no rights unless they could conquer them by the contest of arms. President Lincoln, Vice President Johnson, and both branches of Congress repeatedly declared that the belligerent States could never again intermeddle with the affairs of the Union, or claim any right as members of the United States Government until the legislative power of the Government should declare them entitled thereto. Of course the rebels claimed no such rights; for whether their States were out of the Union as they declared, or were disorganized and “out of their proper relations” to the Government, as some subtle metaphysicians contend, their rights under the Constitution had all been renounced and abjured under oath, and could not be resumed on their own mere motion. How far their liabilities remained there was more difference of opinion. The Federal arms triumphed. The confederate armies and government surrendered unconditionally. The law of nations then fixed their condition. They were subject to the controlling power of the conquerors. No former laws, no former compacts or treaties existed to bind the belligerents. They had all been melted and consumed in the fierce fires of the terrible war. The United States, according to the usage of nations, appointed military provisional governors to regulate their municipal institutions until the law-making power of the conqueror should fix their condition and the law by which they should be permanently governed. True, some of those governors were illegally appointed, being civilians. No one then supposed that those States had any governments, except such as they had formed under their rebel organization. No sane man believed that they had any organic or municipal laws which the United States were bound to respect. Whoever had then asserted that those States had remained unfractured, and entitled to all the rights and privileges which they enjoyed before the rebellion, and were on a level with their loyal conquerors, would have been deemed a fool, and would have been found insane by any inquisition “de lunatico inquirendo.” In monarchical Governments, where the sovereign power rests in the Crown, the king would have fixed the condition of the conquered provinces. He might have extended the laws of his empire over them, allowed them to retain portions of their old institutions, or, by conditions of peace, have fixed upon them new and exceptional laws. In this country the whole sovereignty rests with the people, and is exercised through their Representatives in Congress assembled. The legislative power is the sole guardian of that sovereignty. No other branch of the Government, no other Department, no other officer of the Government, possesses one single particle of the sovereignty of the nation. No Government official, from the President and Chief Justice down, can do anyone act which is not prescribed and directed by the legislative power. Suppose the Government were now to be organized for the first time under the Constitution, and the President had been elected and the judiciary appointed: what could either do until Congress passed laws to regulate their proceedings? What power would the President have over anyone subject of government until Congress had legislated on that subject? No State could order the election of members until Congress had ordered a census and made an apportionment. Any exception to this rule has been a work of grace in Congress by passing healing acts. The President could not even create bureaus or Departments to facilitate his executive operations. He must ask leave of Congress. Since, then, the President cannot enact, alter, or modify a single law; cannot even create a petty office within his own sphere of duties; if, in short, he is the mere servant of the people, who issue their commands to him through Congress, whence does he derive the constitutional power to create new States; to remodel old ones; to dictate organic laws; to fix the qualification of voters; to declare that States are republican and entitled to command Congress to admit their Representatives? To my mind it is either the most ignorant and shallow mistake of his duties, or the most brazen and impudent usurpation of power. It is claimed for him by some as the Commander-in-Chief of the Army and Navy. How absurd that a mere executive officer should claim creative powers! Though Commander- in-Chief by the Constitution, he would have nothing to command, either by land or water, until Congress raised both Army and Navy. Congress also prescribes the rules and regulations to govern the Army. Even that is not left to the Commander-in-Chief. Though the President is Commander-in-Chief, Congress is his commander; and, God willing, he shall obey. He and his minions shall learn that this is not a Government of kings and satraps, but a Government of the people, and that Congress is the people. There is not one word in the Constitution that gives one particle of anything but judicial and executive power to any other department of Government but Congress. The veto power is no exception; it is merely a power to compel a reconsideration. What can be plainer? “All legislative powers herein granted shall be vested in a Congress of the United States. Such shall consist of a Senate and House of Representatives.”Constitution United States, art.I, sec. I. To reconstruct the nation, to admit new States, to guaranty republican governments to old States are all legislative acts. The President claims the right to exercise them. Congress denies it and asserts the right to belong to the legislative branch. They have determined to defend these rights against all usurpers. They have determined that while in their keeping the Constitution shall not be violated with impunity. This I take to be the great question between the President and Congress. He claims the right to reconstruct by his own power. Congress denies him all power in the matter, except those of advice, and has determined to maintain such denial. “My policy” asserts full power in the Executive. The policy of Congress forbids him to exercise any power therein. Beyond this I do not agree that the “policy” of the parties are defined. To be sure many subordinate items of the policy of each may be easily sketched. The President is for exonerating the conquered rebels from all the expense and damages of the war, and for compelling the loyal citizens to pay the whole debt caused by the rebellion. He insists that those of our people who were plundered and their property burned or destroyed by rebel raiders shall not be indemnified, but shall bear their own loss, while the rebels shall retain their own property, most of which was declared forfeited by the Congress of the United States. He desires that the traitors (having sternly executed that most important leader, Rickety Weirze,7 as a high example) should be exempt from further fine, imprisonment, forfeiture, exile, or capital punishment, and be declared entitled to all the rights of loyal citizens. He desires that the States created by him shall be acknowledged as valid States, while at the same time he inconsistently declares that the old rebel States are in full existence, and always have been, and have equal rights with the loyal States. He opposes the amendment to the Constitution, which changes the base of representation, and desires the old slave States to have the benefit of their increase of freemen without increasing the number of votes; in short, he desires to make the vote of one rebel in South Carolina equal to the vote of three freemen in Pennsylvania or New York. He is determined to force a solid rebel delegation into Congress from the South, and, together with Northern Copperheads, could at once control Congress and elect all future Presidents. In opposition to these things, a portion of Congress seems to desire that the conquered belligerent shall, according to the law of nations, pay at least a part of the expenses and damages of the war; and that especially the loyal people who were plundered and impoverished by rebel raiders shall be fully indemnified. A majority of Congress desires that treason shall be made odious, not by bloody executions, but by other adequate punishments. Congress refuses to treat the States created by him as of any validity, and denies that the old rebel States have any existence which gives them any rights under the Constitution. Congress insists on changing the basis of representation so as to put white voters on an equality in both sections, and that such change shall precede the admission of any State. I deny that there is any understanding, expressed or implied, that upon the adoption of the amendment by any State, that such State may be admitted, (before the amendment becomes part of the Constitution.? Such a course would soon surrender the Government into the hands of rebels. Such a course would be senseless, inconsistent, and illogical. Congress denies that any State lately in rebellion has any government or constitution known to the Constitution of the United States , or which can be recognized as part of the Union. How, then, can such a State adopt the amendment? To allow it would be yielding the whole question and admitting the unimpaired rights of the seceded States. I know of no Republican who does not ridicule what Mr. Seward thought a cunning movement, in counting Virginia and other outlawed States among those which had adopted the constitutional amendment abolishing slavery. It is to be regretted that inconsiderate and incautious Republicans should ever have supposed that the slight amendments already proposed to the Constitution, even when incorporated into that instrument, would satisfy the reforms necessary for the security of the Government. Unless the rebel States, before admission, should be made republican in spirit, and placed under the guardianship of loyal men, all. our blood and treasure will have been spent in vain. I waive now the question of punishment which, if we are wise, will still be inflicted by moderate confiscations, both as a reproof and example. Having these States, as we all agree, entirely within the power of Congress, it is our duty to take care that no injustice shall remain in their organic laws. Holding them “like clay in the hands of the potter,” we must see that no vessel is made for destruction. Having now no governments, they must have enabling acts. The law of last session with regard to Territories settled the principles of such acts. Impartial suffrage, both in electing the delegates and ratifying their proceedings, is now the fixed rule. There is more reason why colored voters should be admitted in the rebel States than in the Territories. In the States they form the great mass of the loyal men. Possibly with their aid loyal governments may be established in most of those States. Without it all are sure to be ruled by traitors; and loyal men, black and white, will be oppressed, exiled, or murdered. There are several good reasons for the passage of this bill. In the first place, it is just. I am now confining my arguments to negro suffrage in the rebel States. Have not loyal blacks quite as good a right to choose rulers and make laws as rebel whites? In the second place, it is a necessity in order to protect the loyal white men in the seceded States. The white Union men are in a great minority in each of those States. With them the blacks would act in a body; and it is believed that in each of said States, except one, the two united would form a majority, control the States, and protect themselves. Now they are the victims of daily murder. They must suffer constant persecution or be exiled. The convention of southern loyalists, lately held in Philadelphia, almost unanimously agreed to such a bill as an absolute necessity. Another good reason is, it would insure the ascendancy of the Union party. Do you avow the party purpose? exclaims some horror-stricken demagogue. I do. For I believe, on my conscience, that on the continued ascendancy of that party depends the safety of this great nation. If impartial suffrage is excluded in the rebel States then everyone of them is sure to send a solid rebel representative delegation to Congress, and cast a solid rebel electoral vote. They, with their kindred Copperheads of the North, would always elect the President and control Congress. While slavery sat upon her defiant throne, and insulted and intimidated the trembling North, the South frequently divided on questions of policy between Whigs and Democrats, and gave victory alternately to the sections. Now, you must divide them between loyalists, without regard to color, and disloyalists, or you will be the perpetual vassals of the free trade, irritated, revengeful South. For these, among other reasons, I am for negro suffrage in every rebel State. If it be just, it should not be denied; if it be necessary, it should be adopted; if it be a punishment to traitors, they deserve it. But it will be said, as it has been said, “This is negro equality!” What is negro equality, about which so much is said by knaves, and some of which is believed by men who are not fools? It means, as understood by honest Republicans, just this much, and no more: every man, no matter what his race or color; every earthly being who has an immortal soul, has an equal right to justice, honesty, and fair play with every other man; and the law should secure him these rights. The same law which condemns or acquits an African should condemn or acquit a white man. The same law which gives a verdict in a White man’s favor should give a verdict in a black man’s favor on the same state of facts. Such is the law of God and such ought to be the law of man. This doctrine does not mean that a negro shall sit on the same seat or eat at the same table with a white man. That is a matter of taste which every man must decide for himself. The law has nothing to do with it. If there be any who are afraid of the rivalry of the black man in office or in business, I have only to advise them to try and beat their competitor in knowledge and business capacity, and there is no danger that his white neighbors will prefer his African rival to himself. I know there is between those who are influenced by this cry of “negro equality” and the opinion that there is still danger that the negro will be the smartest, for I never saw even a contraband slave that had not more sense than such men. There are those who admit the justice and ultimate utility of granting impartial suffrage to all men, but they think it is impolitic. An ancient philosopher, whose antagonist admitted that what he required was just but deemed it impolitic, asked him: “Do you believe in Hades?” I would say to those above referred to, who admit the justice of human equality before the law but doubt its policy: “Do you believe in heIl?” How do you answer the principle inscribed in Our political scripture, “That to secure these rights governments are instituted among men, deriving their just powers from the consent of the governed?” Without such consent government is a tyranny, and you exercising it are tyrants. Of course, this does not admit malefactors to power, or there would soon be no penal laws and society would become an anarchy. But this step forward is an assault upon ignorance and prejudice, and timid men shrink from it. Are such men fit to sit in the places of statesmen? There are periods in the history of nations when statesmen can make themselves names for posterity; but such occasions are never improved by cowards. In the acquisition of true fame courage is just as necessary in the civilian as in the military hero. In the Reformation there were men engaged as able and perhaps more learned than Martin Luther. Melancthon and others were ripe scholars and sincere reformers, but none of them had his courage. He alone was willing to go where duty called though” devils were as thick as the tiles on the houses.” And Luther is the great luminary of the Reformation, around whom the others revolve as satellites and shine by his light. We may not aspire to fame. But great events fix the eye of history on small objects and magnify their meanness. Let us at least escape that condition.










