the enemy to your freedom, have been prejudicial to your happiness. It is under these circumftances, Gentlemen, that the King my master hath been pleased to appoint me his MinifterPlenipotentiary to you. You have feen, in the letter which I had just now the honour to deliver from him, fresh affurances of his friendship. I confider as the happicft circumftance of my life, a miflion in the courfe of which I am certain of fulfilling my duty when I labour for your profperity; and I felicitate myself upon being fent to a nation whofe interefts are fo intimately blended with our own, that I can be useful neither to France nor the American republic, without rendering myself agreeable both to the one and to the other. It was certainly defirable that the affairs with which I am charged had remained in the hands of that enlightened minifter whom I fucceed, and whofe health compels him to return to France. I have not his abilitis: but, like him, I have an unbounded zeal for the welfare and fuccefs of the common caufe; like him I am directed to concur in every thing which can be useful or agreeable to your republic. I have the fame attachment to the people you, Gentlemen, reprefent, and the fame admiration of their conduct; I have the most fervent wish to give you proofs of it; and I hope, by thefe different titles, to merit your confidence and your esteem. LE CHEV. DE LA LUZERNE." To which the Prefident returned the following anfwer. SIR, THE early attention of our good friend and ally to thefe United States is greatly felt by all their virtuous citizens; and we fhould be undutiful representatives if we did not warmly acknowledge every inftance of his regard, and take every opportunity of expreffing the attachment of our conftituents to treaties formed upon the pureft principles. His Moft Chriftian Majefty, in rendering himself protector of the rights of mankind, became intitled to affiftance from the friends of man. This title could not but be recognised by a monarch whofe diadem is adorned with equity and truth: that monarch, by joining his arms to thofe of our great ally, bath given a fatal blow to the common enemy; and from the juftnefs of the motives which unite the combined fleet, we expect the moft folid benefits will crown their operations. Nor can we doubt that other powers will rejoice to see that haughty nation humbled in proportion as they have been infulted by her prefumptuous arrogance. We well know, and all the world muft acknowledge, the moderation and friendship of the Moft Chriftian King, in neglecting conquefts which courted his acceptance for the benevolent pleasure of fuccouring his allies. In this, as in every other inftance, we perceive his ftrict adherence to the principles of our defenfive alliance. We are fenfible of the zeal of the French general in executing his Majefty's orders: we efteem his courage, we lament his wounds, and refpect that generous valour which hath led your countrymen to contend with ours in the fame common cause, in the fame field of glory: A noble emulation! which hath poured out the blood of the two nations, and mingled it together as a facred pledge of perpetual union. The confequences which have followed from the appearance of the French fleet upon our coaft, particularly by dif covering the enemy's plans of operation, and destroying a confiderable part of their naval force, demonftrate the wisdom of the measure. That they have not been still more beneficial, is to be attributed to thofe incidents which in the hand of Omnipotence determine all human events: but our disappointment is compenfated by reflecting on the perfect harmony that fubfifted between the generals and the troops of the two nations. The profperous courfe of this campaign gives a pleafing hope, that the moment of peace may foon arrive, when the reciprocation of mutual good offices fhall amply recompenfe our mutual labours and cares; and we doubt not, but in that moment the commerce between the allied nations, now ftruggling under inconveniencies, will fhoot forth with vi gour and advantage, and happily demonftrate the injuries we once fuffered from the restraint of our enemies. While we lament, Sir, the lofs of your worthy predeceffor, we are led from your perfonal character in the pleafing expectation that you will poffefs that confidence and efteem which he enjoyed. They are due to the fervant of our be nefactor; we are happy in his choire; and being thoroughly convinced of the intimate connection between the late refts and views of the allied nations, we cannot but perfuade ourselves, that the more attentively you fhall perform your daty to your fovereign, and the more fedulously you fhall guard and promote the welfare of your country, the more agreeable and refpectable you will render yourself to the citizens of America." The Secretary of Congress delivered to the minifter a copy of the foregoing reply, dated in Congress, Nov. 17. 1779, and figned SAMUEL HUNTINGDON, Pre-, fident. Whereupon the Minifter with. drew, and was conducted home, in the manner in which he was brought to the boufe. Extract from the Minutes, [40. 598.] CHARLES THOMSON, Sec. Philadelphia, 08. 20. In the gene ral affembly of Pennsylvania, held here upon the 23d of September laft, it was agreed, that the claims made by the proprietors of that province, to the whole of the foil contained within the charter, together with the reservation of quitrents, purchase-money, &c. being no longer confiftent with the fafety of the commonwealth; the affembly, therefare, as representatives of the province, refumed the fame, under certain reftrictions and provifoes, to themselves; granting however to the Penn family the fur of 130,000l. Sterling, to be paid by different inftallments, of not lefs than 15,000 1. a-year, nor more than 20,000l. the firft payment to be made at the expiration of one year after the termination of the prefent war." In Holt's rebel New-York Journal of Nov. 29. there is an act of the United States, paffed on the 22d of October laft, for the forfeiture and fale of the eftates of Sir Henry Clinton, Kt; John Murray, Earl of Dunmore, formerly Governor of the colony of New York; William Tryon, late Governor of the faid colony; John Watts, Oliver De Lancey, Hugh Wallace, Henry White, John Harris Cruger, William Axtel, and Roger Morris, Efqs, late members of the council of that colony; George Duncan Ludlow, and Thomas Jones, late juftices of the fupreme court of the faid colony; John Tabor Kempe, late attor ney-general of the faid colony; and of feveral other perfons therein named; vefting the property of their eftates in the people of the United States of America; declaring them guilty of felony, and for ever banished under pain of death. VOL. XLII. "New York, Dec. 15. Laft Friday arrived, with their fuites, in this city, Maj. Gen. Philips, and Baron Reidefel, commander of the troops of the Duke of Brunswick in the fervice of his Britannic Majefty, with the Baronefs and her three daughters." ence. ANECDOTE. Uring Sir GEORGE B. RODNEY's late refidence in Paris, fo great was his indigence, that he frequently knew not where to apply for a dinner. M. de Sar tine, no ftranger to his professional abilities, thought this a proper time to wean his affections from his country, and theretore employed the Duke de Biron to make him an offer of the command of the French Weft-India fleet, with a fum of money that should restore him to independThe Duke, in confequence of this, invited Sir George to spend a month at his houfe; and in the course of that time frequently founded him with great delicacy on the fubject: but not being able to make himself properly underfood, at laft openly declared to him, that "as his Royal Mafter meant the Weft Indies to be the theatre of the prefent war, he was commiffioned to make the handfomeft offers to Sir George, if he would quit the English fervice, and take upon him the command of a French fquadron."- -Sir George, after hearing him with great temper, fpiritedly made him this answer: "Sir, my diftreffes, it is true, have driven me from the bofom of my country; but no temptation whatever can eftrange me from her fervice. Had this offer been a voluntary one of your own, I fhould have deemed it an infult; but I am glad to learn that it proceeds from a quarter that can do no wrong!" The Duke de Biron was fo ftruck with the public virtue of the old British Tar, that he inftantly exclaimed, "It is a pity fo gallant an officer fhould be loft to his country will a thoufand Louis d'ors enable you to revifit it, and to tender your fervices to your fovereign?" The other replied, they would. The Duke immediately advanced him the fum; with which Sir George fet out the next day for England; where he had not arrived a week, before he returned the Duke's loan, accompanied with the moft grateful letter, for the fingular obligation he had fo politely conferred upon him. This man may be trusted by his country! L NE T [39-] NEW BOOKS. Political annals of the prefent United Colonies, from their fettlement to the peace of 1763. By George Chalmers, Efq; 1 l. I. boards. Bowen. THis author fets out with obferving, that it cannot be affirmed of thefe colonies, as it is of European nations, that their origin is uncertain or unknown; that their ancient hiftory is fabulous and dark; or that their original inftitutions have come down the current of time loaded with the difputations of the antiquary. Our first acquaintance with those countries is traced to the expedition of Cabot, who was employed by Henry VII. to explore the NorthAmerican coaft. Elifabeth granted fome patents of colonization, but no fettle ments were made till the reign of her fucceffor, who seems to have been actuated with a ftrong defire of carrying those projects into execution. On the 6th of April 1606 he therefore granted letters-patent, under the great seal of England, to Sir Thomas Gates, and his affociates, for fettling a colony in Virginia. All those territories in America, which either belonged to that monarchy, or were not then poffeffed by any Chriftian prince or people, lying between the 34th and 45th degrees of northern latitude, were conferred on them. The colonists were divided, at their own defire, into two companies. One, confifting of adventurers of the city of London, was called the first colony; and the other, composed of merchants of Bristol, and other weitern towns, was named the second. The former was required to establish its settlement between the 34th and 41ft degrees of latitude; the latter between the 38th and 45th degrees; yet fo that the colony which fhould be laft formed, fhall not be plant ed within one hundred miles of the prior eftablishment. "The adventurers were empowered to transport thither fo many English fubjects as fhould willingly accompany them, with provifion for their use, and arms for their defence, without payment of cuftoms for feven years. It was declared, that the colonists and their children fhould at all times enjoy the fame liberties, within any other dominions of that prince, as if they had remained or were born within the realm. Yet, for the better government of the emigrants, there was established for each of the pr jected fettlements, a council, consisti of thirteen, which were to be appoint and removed by the royal instruction and these were empowered to govern t colonies according to fuch laws as fhou be given under the fign-manual and p vy feal of England. Two other boar were formed in England, which were like manner to confift of thirteen pe fons, and to be appointed equally by t king: and thefe were invefted with t fuperior direction of affairs with rega to the adminiftration of the colonie For the benefit of the adventurers, cence was given to them to search f mines of gold, filver, and copper; yiel ing one fifth of the two former meta and one fifteenth of the latter, to t king. They were empowered to ma a coin that should pass current as w among the colonists as the natives. T prefident and council, within the col nies, were authorised to repel those w fhould attempt to fettle or traffic with their jurisdiction, without their auth rity; to feize their perfons and effec till they should pay a duty of two a a half in the hundred of the value, if fubject; but five, if an alien: and the taxes were to be applied for one a twenty years to the ufe of the advent rers, but afterwards to be paid into t royal exchequer. Y Such then is the fubftance of the m ancient colonial charter, which compr hended all the prefent colonies, fro New England to Carolina exclufive; a from which the most important privileg have at all times been claimed. little was there in it, alas! favourable the interests of freedom, or declarato of the general privileges of the fubje Vain was it to affure the colonists of b ing confidered as Englishmen, if the were by the fame inftrument deprived English liberties: and what rights cou a people be faid to enjoy, who, withou poffeffing the fmalleft particle of felf-g vernment, were at once fubjected to th will of the prince, to the edicts of council they did not appoint, to the o dinances of a commercial affociation ver which they had no controul? While the council of the first colon was occupied during the fummer 1606 in procuring emigrants to accom plish the great object of its wishes, Jame was equally employed in a bufinefs th moft arduous of any; in compiling cod code of laws for an infant people. On the 20th of November of that year he flued" orders and inftructions for the colonies" under the privy feal of England. And they merit the greateft attention, because they are explanatory of the charter, as well as characteristic of that monarch. He invefted the general fuperintend. ance of the colonies in a council in England," compofed of a few perfons of confideration and talents." He ordered, that the word and service of God fhould be preached and ufed according to the rites and doctrines of the church of Enghand. Having thus provided for the interefts of religion by interweaving into the Virginian conftitution the establishment of that church, his next cares were turned to the interefts of the state. Both the legislative and executive powers within the colonies were invefted in the preints and councils, without any mention of the reprefentatives of the people, or allufion to them: and they were empowered to make laws, and to conftitute officers, for their government; yet with this provifo, that fuch ordinances hould not touch any man's life or member, thould only continue in force till made void by the king or his council, fhould be in fubftance confonant to the laws of England. With a cautious jeafoufy be required, that none fhould be fffered to withdraw the allegiance of the colonifts from the king and his fucceffors; and he commanded, that all offenders contrary to this effential rule fhould be imprisoned till reformation, or fent to England to receive condign puniment. Tumults, mutiny, and rebellion, murder, and inceft, were to be punished with death; and for thefe offences the criminal was to be tried by a jury: he ordered smaller crimes to be punished fummarily at the difcretion of the prefident and council. And he required that no perfon fhall remain in the colony without taking the oath of obedience. Lands were to be holden within the colony as the fame eftates were enjoyed in England. With a humanity and juftice that did honour to that legiflator, he ordered, that all perfons hould kindly treat the Heathen people thofe parts, and ufe all proper means to draw them to the true fervice and knowledge of God, and to induce them to enter into a fociable traffic. And in thefe legislative inftructions there was an express reservation, that as the colonies fhould increase, the king and his fucceffors might ordain farther laws, fo that they were confonant to the jurifprudence of England. The instructions of that monarch contain feveral things, fays the hiftorian of that colony, of an extraordinary nature, and extremely arbitrary. But there is not a more common mistake of writers, than to judge of the paft by the manners of their own times, and to apply principles of law, acknowledged when they write, to tranfactions of former times, when very diffimilar opinions prevailed. The orders before mentioned are however extremely interefting. They de monftrate, as well how unlike were the fentiments of those days to the prefent, as what the original conftitution of Virginia really was, and how much of the law of England was then introduced: they difplay the legislative talents of that learned prince, and evince his real views with regard to those establishments however mistaken. Yet it seems certain, that though such exertions of prerogative were very common in that age, a king of England could no more exercise a legiflative authority over English subjects because they had removed to a diftant territory of the ftate, than over Englishmen within the realm: for the privileges of both had been derived from the fame great charter. Such then was the rotten foundation whereon was erected, with no great skill, the fuperftructure of the Virginian immunities and laws.” It appears that the original administration of Virginia was an oligarchy, which foon produced all the inconveniencies attendant on that form of government; till the number of members in the provincial council was increased. Even after fome changes in their conftitution, the inhabitants of this colony were far from enjoying tranquillity. "It is impoffible to view mankind (fays our author) in a political fituation more truly deplorable than were the Virginians during the foregoing fad period of their ftory. They were fubjected to the arbitrary orders of their prince, to the interested ordinances of a corporation within the realm, to the edicts of a haughty governor, and they enjoyed none of thofe liberties which Englishmen claim as their birthright. They were af furedly reduced to the condition of a conquered people and we fhall foon L 2 hear hear the fecretary of state afferting, in the House of Commons, "that Virginia was a country got by conqueft, and to be governed as fuch by the king's prerogative." But it is altogether impoffible to fupport the notion of conqueft. For none was made or attempted over the aborigines; and it is utterly incongruous, to speak of men who were fent to conquer, as fubjugated to the will of the conqueror. The colonifts, indeed, had been hitherto ruled rather as foldiers in garrifon, by martial law, or as the humble flaves of a defpot, than as English fubjects, who fettled in a defert territory of the crown, and who were juftly intit. led to poffefs former privileges as fully as fo diftant a fituation admitted. Yet it will be somewhat difficult to difcover, in this moft ancient portion of colonial annals, peculiar immunities, or provincial authority, exclufive of parliamentary jurifdiction." Among the events afterwards related are, the firft affembly called, wives fent to the colonists, convicts transported as fervants, tobacco firft imported, taxes impofed, the Virginian conftitution eftablished, &c. The province of Virginia being in great diforder, a writ of Quo warranto was iffued in 1623, and the patents were cancelled. The fettlement of Northern Virginia, otherwife named New England, was plant ed by an obfcure fect that had acquired the appellation of Brownists. lent province was chiefly employed in preferving, by perfecution, uniformity in opinion and difcipline; a bufinels which, the hiftorian remarks, feems always to have been the most congenial to its temper. Maryland was the first colony which was erected into a province of the British empire, and governed regularly by laws enacted in a provincial legislature. This territory was granted by Charles I. to Sir George Calvert; who dying before the patent had paffed the feals, the property was afterwards confirmed to his fon, Cecilius Calvert, ancestor of the late Lord Baltimore. Both Providence and Rhode island derive their origin from the religious perfecution in the province of Maffachufets. Their firft fettlement happening in the time of the civil wars in England, they procured patents from the parlia ment, which then exercised the fovereign power; and their conftitutions were afterwards confirmed by a charter from Charles II. In the fubfequent reign, however, on account of their refractory difpofition, a Quo warranto was iffued against their charter; but after the Revolution their former privileges were reftored. As Rhode island, fo was Connecticut originally fettled by emigrants from the province of Maffachufets. The fettlement of Connecticut was begun in 1636, but its charter was not obtained till two years after the Restoration. The conftitution both of this province and of Rhode ifland was a mere democracy, every power, legislative as well as executive, being vefted in the freemen of the corporation, or their delegates; the mini to the refervation of the royal preroga. tive. Our author obferves, however, that the legality of fuch a charter may juftly be queftioned. Though a king of England may relinquish his station, yet he cannot, by his own grant, diveft himfelf or his fucceffors of the effential rights of his office. The Maffachufets province was first fettled by persons who obtained a grant of lands from the council of Plymouth. The behaviour of this colony, both in civil and religious affairs, has been marked with peculiar exceffes; in confequence of which a writ of Quo warranto was ifters of thofe times not attending even fued against its charter. During the civil wars in England, this province acted almoft entirely as an independent ftate. It not only formed leagues with the neighbouring colonies, but with foreign nations, without the confent or knowledge of the government of England. It permitted no appeals from its courts to the judicatories of the fovereign state; and it refufed to exercise its jurifdiction in the name of the commonwealth of England. It affumed the government of that part of New England which is now called New Hampshire, and even extended its power farther eastward, over the province of Main. From the year 1650 to the Reftoration this turbu In 1635 New Hampshire was granted, by the Plymouth company to Mafon, and Main to Sir Ferdinando Gorges. Thofe infant fettlements, however, foon excited the jealoufy of the Maffachufets; which arrogating over them an oppreffive jurifdiction, they applied to Charles II. for relief. Commisioners were appointed by the crown to fettle the pretenfions |