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been, or may be done to private property, by reason of will hear affidavits to prove the facts necessary to show the Pennsylvania canal, or rail road passing through the excess of jurisdiction, if they should not appear upon same, or BY THE TAKING OF ANY MATERIALS FOR SAID record, although in ordinary cases, where the jurisdicCANAL OR RAIL ROAD, it shall be the duty of the canal tion is not disputed, the parties are generally confined commissioners to ascertain as nearly as may be in their to the record returned by the justice, vide 3 Yeates, power, the amount of damage actually sustained, and 479, Ashmead's Rep. 52, ib. 217, 222, Wharton's Dig. to make an offer of such sum to the persons aggrieved, 474-5 Bin. 29. 2 Dal. 77, 114. I therefore recommend as they shall think reasonable: a record of which offer that writs of Certiorari be taken out, and good Counsel shall be made, and if the same should not be accepted; be employed to attend to the proceedings. and the damages thereafter assessed in the manner pro It may be necessary to guard against a recurrence of vided for by this act should not amount to a larger sum the evils alleged. If the facts are as stated in your than the one offered as aforesaid, the person, or persons letter, the conduct of the magistrates entertaining juris. in whose favour such damages inay be assessed, shall diction is exceedingly injurious to the public interest, pay all the costs attending such assessment, and a cer- and evinces but little regard for the policy and as little tified copy of the record of such offer as aforesaid, shall respect for the sovereignty of the State It is immabe evidence of the amount thereof."

terial whether their conduct proceeds from hostility to From the foregoing section it is plain, that a justice a measure of public policy which the Legislature have of the peace has no jurisdiction in the cases referred adopted, or from an honest error of opinion. In either to; and that the law was specially designed to shield/case the public interests seem to require the removal the Agents of the Commonwealth from actions of tres of those whose opinions are so greatly and dangerously pass, as well as to protect the rights of the citizens, by at variance with the laws and established policy of the directing their damages to be assessed by a more com Commonwealth. An erroneous opinion in an ordinary petent and impartial tribunal. In procuring materials case would be no cause of removal--but where the erfor this rail road the ag nts of the State have felt great ror affects extensively the whole community--thwarts anxiety, that the least possible injury should be done, the wishes of the people in their system of internal im. either to the property, or the feeling of the citizens provement and tends to obstruct ihe public agents in of the country, that the nature of the case would per. their endeavors to carry th ose wishes into execution, it mit, and in every instance, where a contrary course has is ample cause of removal by address. It will be proper been pursued by the contractors, it has been promptly for you, therefore, to make a detailed report of the checked, upon the first intimation of the fact. facts in each case, either to the Governor or to the

These remarks have been made, with the hope of Canal Commissioners, that the whole subject may be preventing, in future, those illegal and vexatious pro- laid officially before the representatives of the peoceedings before justices of the peace. If this hope ple. shall be realized, it will be a matter of gratification to Very respectfully, yours, &c. the agents of the commonwealth, and I feel confident

ELLIS LEWIS. that it will eventually be so to the owners of property from whom materials are procured: but if, on the con. trary, those persons who are deeply interested in the REMINISCENCE.

:- The following account of the celeearly completion of this great public work, and who bralion, by the citizens of Pittsburg and vicinity, of the have heretofore been clamorous upon that subject, adoption of the Constitution of the United States, by shall continue to annoy and vexatiously retard its pro- Virginia, the ninth State, is taken from the Pittsburg gress, I feel assured that a strict enforcement of the Gazette, of 28th June, 1788. The speech of Mr. Brack: laws of the commonwealth, however unpleasant that enridge we vmit for the present, but will probably find resort may be, together with that respect which the a place for it shortly. Legislature must feel for their own enactments, will ef.

“PITTSBURG, June 28. fectually eradicate the evil. Subjoined is the opinion On Friday last, the 20th instant, the news arrived of the Attorney General upon the cases referred to. at this place of the adoption of the new Constitution by

WM. B. MITCHELL, Virginia, making the ninth state. On Saturday evening Supt. Col. & Phila. Rail Road. following, the inhabitants of this town and the adjacent

country, to the number of about fifteen hundred, as. HARRISBURG, Aug 24, 1833. sembled on Grant's Hill, a beautiful rising mount to the Grx. W». B. MITCHELL, Superintendent, &c.

east of the town, having the two rivers, the Allegheny Dear Sir,-Your letter of the 22d instant, to His a'id Monongahela, and their junction forming the Ohio, Excellency the Governor, having been referred to me, in prospect. Occupying the verge of the hill, they I respectfully advise the following course of pro were addressed by Mr. Brackenridge. ceeding, to remedy the grievances of which you com “Three cheers were now given, and the hats thrown plain.

into the air. Nine piles of wood were then lighted, It is my opinion, that a Justice of the Peace has no representing the nine states which had adopted the conjurisdiction of a claim for damages, occasioned in the stitution. At intermediate distances, four piles were construction or obtaining materials for the construction left uninflamed, representing those which had not of the Rail-road or Canal; and that in all such suits, no adopted it. Fire was kindled in them, but oppressed matter who may be the nominal defendants, the Com- by green leaves and heavy boughs; in spite of all that monwealth is substantially the party sued. No court in could be done the pile of New Hampshire burst out, the State can entertain directly or indirectly, a suit and gave a luminous splendor; that of Rhode Island not against the Commonwealth, unless such suit has been having sent delegates to the general convention, or previously authorised "by law.Before the jurisdic. called a convention of their own, had brimstone, tar, tion can attach, her consent must be shown to the and feathers, thrown into it; yet still some boughs of "manner," the Court" and the case.”—Const. Pa. wood that were at the bottom, catched the flame, purgArt. 9. S. 11. The cases referred to, instead of being ed off the noxious vapor and materials. That of New subject to the jurisdiction claiming cognizance, and to York and North Carolina at length took fire, and exthe manner of proceeding adopted, have been express- ceeded even the other piles. The whole thirteen now ly submitted to a different tribunal, proceeding in a dif- in one blaze began to burn. The youths of the village ferent manner-51h section, act of 6th April, 1830, danced round them on the green; and the Indians who pamphlet laws, page 220, The Justices of the Peace were present, the chiefs of several nations, on their have no jurisdiction either over the subject matter of the way to the treaty at Muskingum, stood in amazement action or the party defendant. Entertaining this opinion, at the scene; concluded this to be the great council, I think on a certiorari, the Court of Common Pleas seeing the thirteen fires kindled on the bill."

HAZARD'S

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OP USEFUL INFORMATION RESPECTING THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. XII.-NO. 12. PHILADELPHIA, SEPTEMBER 21, 1833. NO. 299

EULOGY ON CHARL'S CARROLL OF CAR- spirit, upon the first movements of the government,

ROLLTON, BY JOHN SERGEANT, LL. D. when that Constitution went into operation. From Eulogy on Charles Carroll of Carrollton; delivered at these, as the years rolled on, the sure arrow continued

the request of the Select and Common Councils of to select its object. But not with eager haste. At the the city of Philadelphia, December 31st, 1832, by still among the living:

end of fifty years, three of the venerable band were

On the fiftieth anniversary, John Sergeant, LL. D.

in the midst of the jubilee, when the nation with one In the history of our Country, the most memorable voice was commemorating the day of the great national epoch is that of the Declaration of Independence. The act which had made us independent, two of them gen. most illustrious assemblage of patriots, that which de- tly sunk to rest, and their spirits departed while the clared it. The act, favored by Providence, has become, hearts and the voices of their countrymen were swelling as it were, immortal. Independence was established with gratitude to them and their associates for the bless. once and forever. The men, by whom it was achieved, ings secured by their services and their toils. One only have in succession obeyed the law of our nature, and remained—the venerable Carroll. Fifty-six years were we are now met to commemorate the event, which has accomplished, and he too was removed, thelast of the finally closed the living record of that august body. fifty-six who, in the sight of man and of Heaven, had The last of the signers has been united to ihe mighty solemnly pledged "their lives, and fortunes, and their dead. Long spared to receive the affectionate homage sacred honor, " to abide the issue of their country's forpaid by a grateful nation to the single representative tunes. upon earth

of the Congress of 1776, to witness the kind. And who were these men? What was the pledge ly and expanding influence of the institutions and prin- they thus solemnly offered, and so nobly redeemed? ciples which he had aided to establish, even to look upon what were “their lives, and fortunes, and their sacred three generations of his own immediate descendants, honor," which they staked in the cause of human freepartaking with millions the blessings prepared for them dom and of human rights? What was that assemblage by the toils and the dangers of himself and his cotempo- of patriots, who in proclaiming their determination to raries, he too has become one of "the great majority” be free, proclaimed at the same time the great princiwhom death always numbers on his side, and of him as ples which are every where acknowledged to have the of the rest, nothing now remains but the memory. irresistible power of truth? How did it happen that the

Thus has the Congress of 1776 again been united af- youngest nation of the earth became the teacher of the ter a long separation. Among the dead as among the world; that the true light of political philosophy broke living, they are associated, in our views and feelings, forth from a region where the forest was not cleared, by their common title to pre-eminent distinction for and the footstep of civilized man seemed scarcely to wisdom, for patriotism, and for heroic courage, and by have made a sensible impression? Where dwelt that their common claim to our gratitude and veneration, informed and assured spirit, which, leading an infant for their virtues and their services. If all have passed nation, never hesitated and yet never erred—which in away, they have not done so, without leaving to us the the face of difficulty and danger, through a new and possession of their pure fame to enrich us, their spirit to untried path, always advanced, yet never missed its instruct, and their example to guide us. Cherishing course; which by intrepid perseverance, accomplished their fame, and resolving to preserve it unimpaired, its glorious purpose so fully, so wisely, and so well, that counselling sincerely with their spirit and obeying its its friends had nothing to desire, and its enemies nothing counsels, and truly following their bright example, we to censure? may hope, with the blessing of Heaven, to perpetuate It was much to declare independence—it was more the good work which they have handed down to us, to achieve it, in so unequal a contest still more was it, and to continue long to enjoy its advantages.

by a display of wisdom and firmness, never surpassed, At such a moment, it is natural to look back. The to fix the attention of the world, to challenge its admioccasion invites us to re-assemble the fathers of our ration and command its respect, not only for the justice nation, to place them again to the eye of contemplation, of our cause, but for the ability and virtue with which in the Hall of Independence, to dwell upon their cha- it was sustained-to exhibit popular representative goracter and conduct, and to consider with deep and ear- vernment at the outset, in its best form, and to give to nest attention, who were the men and what were the mankind at once an example and an assurance of its means employed, to lay the foundations of a great re. capacity to fulfil all the just purposes for which governpublic. Hitherto, they have been among us. Not :ll ment was designed among men. of them. Of the fifty-six distinguished patriots, whose In the sight of other nations, the glory of that illusnames are ineffaceably inscribed upon the monument trious Congress is sufficiently established by its public they constructed, two were summoned from time to acts, already consecrated in the page of history. For eternity before a year had elapsed. Forty-seven sur- us, who, as their countrymen, are not only the heirs of vived the struggle of war with the parent state, and liv- their glory, but bound by every obligation to them, to ed to witness the final consummation of their wishes, ourselves, and to our children, io preserve it in all its by an acknowledgment in the treaty with England, of lustre, and especially to maintain in purity and power, what her arms were unable longer to dispute. Forty- the institutions of free government they established for three remained when the present Constitution was pre. us, it may not be unprofitable to look carefully and sented by the Convention to the people of the United closely into whatever belongs to its composition and States for their adoption. Porty were still here to shed character, in order that no circumstance, however mi. the light of their experience, and the influence of their nute, may escape our notice. The present is a fit ocVol. XII.

23

Casion for some attempt to such an examirration, and I nent. It is perhaps enough for Iristory. But we may am persuaded, that even if it should be found to be be excused, if with the affectionate veneration of chil. fruitlesss of instruction, it will certainly not have the dren, proud of the inheritance of a parent's fame, anx. effect of lessening our habitual respect for those whom iously desirous to exhibit and to preserve it in all its we rightly consider the fathers of our country. lustre, and to transmit it in the clearest light to our de.

The common characteristic of the Congress of 1776 scendants, we dwell for a moment upon the particulsrs is pure public virtue--the striking feature of its mea of the title, convinced as we are, tirit the closest scru. sures is mature wisdom. Upon the foundation of virtue tiny will only more distinctly reveal its strength. Nor and wisdom thus happily united, they built up the edi- is this all. We may deduce from the inquiry lessons of fice of their own enduring fame, by achieving for their instruction peculiarly appropriate at the present ma country what in all succeeding ages will continue to ment. engage the unqualified respect and admiration of man. But where shall we begin? How shall we enter upon kind. Passing in a moment from a state of colonial de- the analysis which filial piety would thus invite us to pendence into the new condition of an independent institute, or how shall we conduct it? The occasion nation-making this transition, too, in the midst of a necessarily limits us to a few particulars, but those it is sanguinary and unequal struggle already begun, and at hoped will be sufficient at once to gratify and to in the certain hazard of a war of undefined duration, struct us. brought to their very doors, and threatening to deal It is natural to begin then with the places of their with them, not as fair combatants, but as traitors and as birth. A few words will suffice of the fifty six memrebels, it is amazing, indeed, and argues a depth of in-bers who signed the Declaration of Independence, ten tellectual and moral energy of which history has furnish. were natives of Massachusetts-nine of Virginia-five of ed no parallel, that at such a time, they should not only Pennsylvania-five of Maryland--four of New Jerseyhave been fully equal to all the pressing exigencies of four of Connecticut-four of South Carolina-three of the crisis, but even more than this, that they should New York-two of Rhode Island and two of Delaware have been able to make an accurate survey of the con- -making altogether forty-eight, who were born in the dition of their country, to look forward to its future colonies. Of the rest, two were natives of Englanddestinies, to combine it into one great republic, and at two of Ireland-two of Scotland—and one of Wales. the instant when they firmly but solemnly declared they of the remaining one I have not met with an account had counted the cost,” should have announced those which enables me to speak. great principles of free government which were to enter We are anxious next to know something of their age. into all our constitutions. To call this heroic, would Were they in the ardor of youth, when zeal is apt to outbe to associate it in our imaginations with the fabulous run discretion, and a romantic spirit prompts to underachievements of a remote antiquity, and thus to disfi. i takings of danger, from the mere love of adventure or gure and degrade it. To compare it with what the the influence of a heated imagination? Nothing could great lawgivers of antiquity have done, would be en- be more distant from the truth. There sat the venerable tirely inadequate. To confound it with what accident Franklin, in his seventieth year, and Hopkins within a has produced at other periods, and in o her quarters of few months of the same age, grasping the pen to assert the world, would be to sink it far below its proper level their country's independence with a heart as resolute for foresight and deliberate conclusion. Whatever there and a countenance as firm as Rutledge or Lynch, the is that is worthy of praise in the heroes of fable or of most youthful of the body. Samuel Adams, too, and history, whatever there is that commands our approba. John Hancock, excepted in the offers of mercy held tion in the works of lawgivers, whatever of good there out by the crown, as the unpardonable ringleaders in is that patriotism has been able to accomplish, all these rebellion, were not so young as to be unable to couut combined, and purified by the spirit of philanthropy, the cost, or to be hurried into danger from want of reand governed by consummale skill, and sustained by Aection. The one was fifty-four, the other was about unconquerable fortitude, make up the true portrait of forty. John Adams was forty, and Thomas Jefferson that august assembly.

was thirty-three. There were in the whole convention The honor we derive from these our ancestors, who but two who were under thirly, Rutledge and Lynch, carried our country triumphantly through the perilous of South Carolina. They were twenty-seven. To sum trials of the war of independence, and established for it all up in a single word, which conveys at once a disus the principles of free government, which are now tinct conception of the finest combination of deliberate pervading the world, consists not simply in the reflec- gravity and manly resolution, the average age of the tion upon us of the lustre of their wisdom and their vir whole assembly was about forty.five. tue, glorious and inestimable as it is. There is much Nor were they men tossed up in the whirl of a revolu. more for us to rejoice in—much more to convey to us tion, distinguished chiefly by revolutionary audacity, a deep and salutary lesson. That Congress was a po- and that audacity itself owing to the knowledge that pular representative body, freely chosen by the people they had nothing at stake, and nothing to lose. Among of the thirteen colonies, and sustained by that people in them were many who had all that as individuals, they its decisions and its acts. At the first meeting in Car. could desire, and little to hope, for themselves, from a penter's Hall, on the 5th September, 1774, eleven of change. Indeed I doubt not that the observation might what in the Journal are denominated the several colo be applied universally. John Hancock, signalized, we nies and provinces in North America” were represented. have seen, as an unpardonable rebel, and the first of the On the 4th July 1776, the whole thirteen were present signers, was in the enjoyment of the largest estate in by their clelegates. Th: selection of such a Congress Massachusetts. Charles Carroll of Carrollton was the is' a manifest proof of wisdom and virtue in the people; heir of perhaps the richest man in Maryland. Heyward, and the spirit and the energy with which they sustained Middleton, Lynch, Floyd, Nelson, and many more, were the measures of Congress under all the trials and suffer- gentlemen of independent fortunes, to which they bad ings of a protracted and cruel war, established forever, been born. Others, by their talents and their industry that they too understood and appreciated their object, had gained a commanding position in society; and in and were one and all resolved to accomplish it, or to their private condition, might be considered among tho perish in the attempt. The representative body was in happiest of men. Would you desire to know in what this respect the image of their constituents. They were proportion the different professions and pursuits of life selected for their worth, and that worth was made up contributed from their numbers to form this Congress? of a heart entirely devoted to the common purpose, and it is not easy to ascertain it with precision. Of a part, of a mind so instructed as to be capable of executing it. however, an account can be given. There were sixteen

of the composition and character of such a body, its lawyers—nine merchants—five physicians-five plant. acts may be considered in general as a sufficient expo.) ers-three farmers--and one divine. Of the remaining

1833.

SERGEANT'S EULOGY ON CHARLES CARROLI..

179

seventeen, no single word will characterize them. executing the laws-nay, if we louk even to their indiWhat, for example, should we denominate the venera. vidual labors and occupations—we shall then be preparble Franklin? Even at the period we are treating of, ed to admit, that in all which constitutes the real worth with the snow of seventy winters on his head, and a re. of man-in the gifts of nature-in the advantages of putation which extended all over Europe, his trium. education and culture-even in the lighter acquirements phant career was not ended, nor the versatility of his which give currency in society-as men, as patriots, and mighty powers fully developed. He was yet to conduct as gentlemen, it is but the simple truth to say, that, as a the most important and delicate foreign negotiations of body, the Congress of 1776 never was equalled. his country, and to sit down at table with kings, honor. 1. Besides this, however, there was an instruction they ing them by bis presence more than they could honor had received, without which, all else might perhaps him. We must call him Franklin-a name that requires ' have been of little avail. These colonies had, in sub. no addition, but is itself an epitome of the achievements stance, been free representative republics from the beof sagacious wisdom, applied in almost all the depart. 'ginning-subject in name to the dominion of Great Briments of human life, and from their variety become fa- , tain, but actually managing their most important conmiliar to every class of men.

cerns by their own assemblies, with little interference There is one point still to be adverted to in relation on the part of the parent state. They had constantly to this distinguished assemblage. It may be stated in a present to their view the image of republican governvery few words. The greater part of those who comment. Republicanism was thus become habitual

, a part posed it had been liberally educated. Of the fifty six of the nature of the inhabitants of the colonies-an inmembers, eighteen were graduates of colleges in this bred feeling, which was always prompt to assert the country, Three were graduates of the University of rights of the colonists, and to resist every attempt at Cambridge in England- and one of the University of encroachment or oppression in whatever form it presentEdingurgh. Seven had received their education at ed itself. From the first effort of Great Britain to ex. other public seminaries. Fourteen had been instructed ercise an unwarranted authority over these colonies in in liberal learning by private tutors or intelligent pa- the year 1765, the nature of their rights and the limits rents. Eight had received some elementary education, of the just authority of the parent state, had been the and of three the early history has not been learned. subject of continual and earnest discussion, in the course But nature was not entirely without her witnesses upon of which, under the quickening influence of a deep and this eventful occasion. Two there were, who were li- powerful feeling, the minds of men became rapidly en. terally self-taught—who had never received the least liglatened as to the true stite of the question, and along instruction from others, and, yet, overcoming the diffi. with the lingering doubt of their ability to sustain a con. culties of their early condition, had accomplished them. test, and a full sense of the horrors of war brought to selves in knowledge by their own unaided exertions— their doors, there could still be discerned, in every become distinguished in a learned profession, and qua. quarter of the country, a fixed determination, at every lified for association with the selected wiselom of the hazard, to assert and to maintain their freedom. It was country. These were Sherman and Walton, one of this spirit which the members of the first Congress carwhom was originally a shoemaker, and the other a car. ried with them to the place of assemblage—it was this penter.

spirit which presided over their councils-and it was In the whole number there was not a single titled this same spirit which, when memorial and remonstrance personage, nor one who in the established language of had been exhausted, solemnly declared from the Hall Europe would have been called a statesman. Perhaps of Independence, that the colonial condition was ended there were few, if any, who, according to the settled that in its place a nation had come into existence, arrangements of European etiquette, could then have ready to follow the example of the patriots who had been received at court. Several there were, such as bled at Lexington and at Bunker's Hill, and, feeble, Hancock, Carroll, and others, who had visited foreign inexperienced, undisciplined, and unprovided as it was, countries, and enjoyed the opportunity of observing to maintain the justice of its cause, and relying upon society in its different forms. One too had occupied a the favor of Heaven, to meet in hostile combat the gisort of semi-diplomatic station, as agent in England of gantic power and veteran arms of England. From that several of the colonies, and even in that humble charac. day, this nation dates its existence. The Declaration of ter had found occasion to manifest and to exercise his Independence is the authentic registry of its birth. transcendant abilities, and with keen and penetrating This common and pervading love of freedom-this glance to discern and seize upon the occasions for serv- deep-rooted determination to submit to no encroachment ing his country. When Franklin stood before the col- upon their rights, this universal and clear perception of lected wisdom of the British House of Commons, as a the consequences of submitting to an attempt on the witness, he exhibited a wisdom above them all. When part of Great Britain to usurp the province of their own ke stood alone, in the midst of enemies before the Privy immediate representatives, this it was, with the natural Council, he was as unmoved by the deliberate and piti

. and unavoidable conclusion that in Union alone there ful sarcasm of Wedderburn, as when he drew down the was strength and safety, which caused the colonies first lightning from the clouds—in both instances, with an to meet in Congress, by delegates charged with their intrepidity equal to his deep sagacity, coolly gathering authority and instructions. These delegates first met instruction from the raging tempest, which seemed to at Philadelphia, on the 5th September, 1774, when, as be bursting upon his head. Vain, indeed, was the ex- has already been stated, eleven of what are called in the pectation, that he, who had invited a personal commu- Journal, the several colonies and provinces in North nication with the forked thunderbolt in its greatest fury, America,” assembled at the Carpenter's Hall. It is not should be intimidated by the tongue of man, or disturb. necessary now to occupy your time with an inquiry al in his purpose by impotent abuse, though studiously when or where, or how, the idea of independence and envenomed with all the poison that could be extracted a separate existence first began, or by what means it from the stores of classical vituperation.

finally obtained the sanction of the 4th July 1776. The If from the period on which oyr eye has been fixed, we history of this momentous period of our country enables follow the members of that illustrious Congress through us to discover two leading truths, of far greater impor. their subsequent lives-see them in arduous foreign tance in the present times. Freedom was the end and employment, managing the most intricate negotiations object of our forefathers, and independence was the with the trained and experienced statesmen and diplo- mean to attain it, when every thing else had failed. This matists of Europe-in high and responsible stations at is the first of these truths. "Nor have we been wanthome, speaking the language and maintaining

the rights ing,” says the Declaration of Independence, “in atten. of their country, or perfecting the institutions of her tion to our British brethren. We have warned them freedom-or in subordinate offices, administering and from time to time, of attempts by their Legislature to

extend an unwarrantable jurisdiction over us. We have gress were above all conspicuous in the means they reminded them of the circumstances of our emigration employed to cherish, to strengthen, and consolidate, and settlement here. We have appealed to their native what the hand of Providence had offered to their acjustice and magnanimity, and we have conjured them ceptance. From the moment of their first assembling, by the ties of our common kindred to disavow these it was the dearest object of their concern and care; usurpations, which would inevitably interrupt our con. and when, having indissolubly bound it together, they nexions and correspondence. They too have been deaf pledged their lives and fortunes and their sacred to the voice of justice and of consanguinity. We must, honour," they did so in the name of one united people, therefore, acquiesce in the necessity which denounces who were henceforth to take their equal rank among our separation, and hold them, as we do the rest of man- the nations of the earth. “When," says that cherished kind, 'enemies in war, in peace friends." The other is instrument, “in the course of human events, it becomes not less obvious nor less entitled to our deep and solemn necessary for one people to dissolve the political bands attention. As independence was necessary to freedom, which have connected them with another, and to so was union necessary to independence. Independ- assume among the nations of the earth the separate and ence was not declared till a thorough union was esta equal station to which the laws of nature and of nature's blished. As long as the Congress was composed only God entitle them.” And again, it says, "sappealing to of the representatives of Colonies, continuing to acknow the Supreme Judge of the world for the rectitude of ledge their dependence, and humbly petitioning for a our intentions, we do, in the name and by the authority redress of grievances; as long as redress was looked for, of the good people of these Colonies, solemnly publish and with any hope of obtaining it; as long as any intention declare,"—thus in every emphatic passage, when it remained of returning to their allegiance, if their griev- addresses mankind, and when it invokes the aid and ances were redressed; so long was the union of their favour of Heaven-in its resolutions, its appeals, its counsels but temporary, to cease when the occasion for prayers, speaking with the tongue, and breathing the it should no longer exist. But when the patriotic sages, devout aspirations of one people, and that one, the peo intrusted with the care of their country's freedom, be ple of all these colonies. gan to perceive che necessity which denounced a se From that time forward, from the great epoch of the paration," they felt that the union must be drawn closer, 41h of July, 1776, we have been one people, and blessed and be made perpetual-till that was effected, indepen- be the great Dispenser of human events, we are stil one dence could not be asserted, nor freedom secured. They people. The articles of confederation, which followed saw distinctly that union was as necessary to indepen. not very long after the Declaration of Independence, dence, as independence was to freedom; and in their are in the same spirit. They are styled in the preamenlightened view they were but one. They did not, ble “ Articles of Confederacy and PERPETUAL UNION." therefore, declare independence till they were ready And to establish at once, for every individual, the sure also to announce an union, and when they proclaimed ground of national character, and of right throughout the existence of the nation, they proclaimed it with in the Union, they declare that “the free inhabitants of separable and indissoluble attributes of union, indepen- each of these states shall be entitled to all privileges dence, and freedom.

and immunities of free citizens in the several States." Up to the date of the Declaration of Independence,

If more were wanting to illustrate the wisdom and the members of Congress, as we have seen, were the patriotism of that matchless representative body, and representatives of Colonies and not of States. Till then, !o endear their memory to our hearts, we should find it no states existed. In that instrument, they style them in the fruits of their labours. Scarcely had the anselves, for the first time, the Representatives of the nunciation gone forth, till this Union was formally United States of America in Congress assembled, and received into the family of nations, and treaties formed they declare that these "United Colonies are and of with one of the oldest powers of the world-treaties, right ought to be free and independent states." From be it remembered, perpetual in their terms and obligathis it is evident, as would naturally be supposed, that tions, and such as a perpetual Union cyuld alone enter the union of the colonies actually preceded the Declara- into. Union gave to our country consideration and tion of Independence, and the existence of States, and respect abroad, and entitled hir to take her place is in truth the oldest of our rights. It was the Union among the nations. Listen to the language of Congress, that created the states, and not the states that created when presenting the articles of “confederation and the Union. It is the Union too, be it ever remembered, perpetual union," in their circular, dated “ Yorktown, . that was as much wrested from England, by force of November 17th, 1777.“Let them be examined with arms, as Independence itself.

a liberality becoming brethren and fellow citizens surUnion, Independence, and Freedom, are what that for the same illustrious prize, and deeply interested in

rounded by the same imminent dangers, contending illustrious body of sages and patriots established for us; being for ever bound and connected together by ties the as the lasting pillars of our happiness. Union first, and most intimate and indissoluble; and finally, let them be then Independence. It no more entered into their minds to conceive that the one would cease, than the adjusted with the temper and magnanimity of wise and other. For both they toiled and suffered. For both patriotic legislators, who, while they are concerned for our fathers fought and bled, and both they have deli- the prosperity of their own more immediate circle, are vered to us, as the common right of every free citizen capable of rising superior to local attachments, when of the United States, which no power on earth can just- and glory of the general confederacy.”

they may be incompatible with the safety, bappiness, ly require him to part with or surrender. Union, as well as Independence and Freedom, is the birth-right

“More than any other consideration it will confound of every child born in these United States. He is born our foreign enemies, defeat the flagitious practices of to the inheritance of a nation's glory, to the enjoyment

the disaffected, strengthen and confirm our friends, of a nation's protection and power, to the high privi. support our public credit, restore the value of our mo. lege of a nation's name, to something to love and to honey, enable us to maintain our fleets and armies, and nor, to a country upon which he can proudly fix his add weight and respect to our councils at home, and affections, in whose prosperity he can rejoice, towards

to our treaties abroad." * “ It seems essential to which he can direct his eye when abroad, and to whose our very existence as a free people, and without it, we may avenging power he can appeal when menaced with in. soon be constrained to bid adieu to independence, to sult or danger.

liberty, and safety-blessings, which, from the justice of

our cause, and the favour of our Almighty Creator, viThe favour of Heaven--signal as it has been, and sibly manifested in our protection, we have reason to claiming at all times our most devout gratitude-has expect, if, in an humble dependence upon his divine been is nothing more manifest than in producing this providence, we strenuously exert the means which are Union. The wisdom and patriotism of the first Con- placed in our power.

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