[CHAPTER III.]

INDEPENDENCE: FORMING THE STATE CONSTITUTION.

The third Provincial Congress, which came together in May, and before the close of its sessions was obliged to adjourn to White Plains, had to act on the Declaration of Independence, and provide for the foundation of a new state government.

Morris now put himself at the head of the patriotic party, and opened the proceedings by a long and very able speech in favor of adopting the recommendation of the Continental Congress that the colonies should form new governments. In his argument he went at length into the history and growth of the dispute with Great Britain, spoke of the efforts made in the past for reconciliation, and then showed clearly how such efforts were now not only hopeless, but also no longer compatible with the dignity and manhood of Americans. He sneered at those who argued that we ought to submit to Great Britain for the sake of the protection we got from her. "Great Britain will not fail to bring us into a war with some of her neighbors, and then protect us as a lawyer defends a suit: the client paying for it. This is quite in form, but a wise man would, I think, get rid of the suit and the lawyer together. Again, how are we to be protected? If a descent is made upon our coasts and the British navy and army are three thousand miles off, we cannot receive very great benefit from them on that occasion. If, to obviate this inconvenience, we have an army and navy constantly among us, who can say that we shall not need a little protection against them?" He went on to point out the hopelessness of expecting Great Britain to keep to any terms which would deprive Parliament of its supremacy over America: for no succeeding Parliament could be held bound by the legislation of its predecessor, and the very acknowledgment of British supremacy on the part of the Americans would bind them as subjects, and make the supremacy of Parliament legitimate. He bade his hearers remember the maxim "that no faith is to be kept with rebels;" and said: "In this case, or in any other case, if we fancy ourselves hardly dealt with, I maintain there is no redress but by arms. For it never yet was known that, when men assume power, they will part with it again, unless by compulsion."

He then took up the subject of independence, showed, for the benefit of the good but timid men who were frightened at the mere title, that, in all but name, it already existed in New York, and proved that its maintenance was essential to our well-being. "My argument, therefore, stands thus: As a connection with Great Britain cannot again exist without enslaving America, an independence is absolutely necessary. I cannot balance between the two. We run a hazard in one path, I confess; but then we are infallibly ruined if we pursue the other.... We find the characteristic marks and insignia of independence in this society, considered in itself and compared with other societies. The enumeration is conviction. Coining moneys, raising armies, regulating commerce, peace, war: all these things you are not only adepts in, but masters of. Treaties alone remain, and even those you have dabbled at. Georgia you put under the ban of empire, and received her upon repentance as a member of the flock. Canada you are now treating with. France and Spain you ought to treat with, and the rest is but a name. I believe, sir, the Romans were as much governed, or rather oppressed, by their emperors, as ever any people were by their king. But emperor was more agreeable to their ears than king. [So] some, nay, many, persons in America dislike the word independence."

He then went on to show how independence would work well alike for our peace, liberty, and security. Considering the first, he laughed at the apprehensions expressed by some that the moment America was independent all the powers of Europe would pounce down on her, to parcel out the country among themselves; and showed clearly that to a European power any war of conquest in America would be "tedious, expensive, uncertain, and ruinous," and that none of the country could be kept even if it should come to pass that some little portion of it were conquered. "But I cannot think it will ever come to this. For when I turn my eyes to the means of defense, I find them amply sufficient. We have all heard that in the last war America was conquered in Germany. I hold the converse of this to be true, namely, that in and by America his Majesty's German dominions were secured.... I expect a full and lasting defense against any and every part of the earth." After thus treating of the advantages to be hoped for on the score of peace, he turns attention "to a question of infinitely greater importance, namely, the liberty of this country;" and afterwards passes to the matter of security, which, "so long as the system of laws by which we are now governed shall prevail, is amply provided for in every separate colony. There may indeed arise an objection because some gentlemen suppose that the different colonies will carry on a sort of land piracy against one another. But how this can possibly happen when the idea of separate colonies no longer exists I cannot for my soul comprehend. That something very like this has already been done I shall not deny, but the reason is as evident as the fact. We never yet had a government in this country of sufficient energy to restrain the lawless and indigent. Whenever a form of government is established which deserves the name, these insurrections must cease. But who is the man so hardy as to affirm that they will not grow with our growth, while on every occasion we must resort to an English judicature to terminate differences which the maxims of policy will teach them to leave undetermined? By degrees we are getting beyond the utmost pale of English government. Settlements are forming to the westward of us, whose inhabitants acknowledge no authority but their own." In one sentence he showed rather a change of heart, as regarded his former aristocratic leanings; for he reproached those who were "apprehensive of losing a little consequence and importance by living in a country where all are on an equal footing," and predicted that we should "cause all nations to resort hither as an asylum from oppression."

The speech was remarkable for its incisive directness and boldness, for the exact clearness with which it portrayed things as they were, for the broad sense of American nationality that it displayed, and for the accurate forecasts that it contained as to our future course in certain particulars,—such as freedom from European wars and entanglements, a strong but purely defensive foreign policy, the encouragement of the growth of the West, while keeping it united to us, and the throwing open our doors to the oppressed from abroad.

Soon after the delivery of this speech news came that the Declaration of Independence had been adopted by the Continental Congress; and Jay, one of the New York delegates to this body, and also a member of the Provincial Congress, drew up for the latter a resolution emphatically indorsing the declaration, which was at once adopted without a dissenting voice. At the same time the Provincial Congress changed its name to that of "The Convention of the Representatives of the State of New York."