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increase of people. And thus the quota of tax | dent-general, if not provided against: and the from each colony would naturally vary with inconvenience and hardship would be greater its circumstances; thereby preventing all in the general government than in particular disputes and dissatisfaction about the just pro- colonies,. in proportion to the distance the portions due from each; which might other- members must be from home, during sittings, wise produce pernicious consequences, and and the long journies some of them must nedestroy the harmony and good agreement that cessarily take. ought to subsist between the several parts of the union.

MEETINGS OF THE GRAND COUNCIL, AND CALL. That the grand council shall meet once in every year, and oftener if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the president-general on any emergency; he having first obtained in writing the consent of seven of the members to such call, and sent due and timely notice to the whole.

It was thought, in establishing and governing new colonies or settlements, regulating Indian trade, Indian treaties, &c. there would be every year sufficient business arise to require at least one meeting, and at such meeting many things might be suggested for the benefit of all the colonies. This annual meeting may either be at a time or place certain, to be fixed by the president-general and grand council at their first meeting; or left at liberty, to be at such time and place as they shall adjourn to, or be called to meet at by the president-general.

In time of war it seems convenient, that the meeting should be in that colony which is nearest the seat of action.

The power of calling them on any emergency seemed necessary to be vested in the president-general; but that such power might not be wantonly used to harass the members, and oblige them to make frequent long journies to little purpose, the consent of seven at least to such call was supposed a convenient guard.

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MEMBERS' ALLOWANCE

That the members of the grand council shall be allowed for their service ten shillings sterling per diem, during their session and journey to and from the place of meeting; twenty miles to be reckoned a day's journey.

It was thought proper to allow some wages, lest the expense might deter some suitable persons from the service;-and not to allow too great wages, lest unsuitable persons should be tempted to cabal for the employment, for the sake of gain. Twenty miles was set down as a day's journey, to allow for accidental hindrances on the road, and the greater expenses of travelling than residing at the place of meeting.

ASSENT OF PRESIDENT-GENERAL AND HIS DUTY. That the assent of the president-general be requisite to all acts of the grand council; and that it be his office and duty to cause them to be carried into execution.

The assent of the president-general to all acts of the grand council was made necessary, in order to give the crown its due share of influence in this government, and connect it with that of Great Britain. The presidentgeneral, besides one half of the legislative power, hath in his hands the whole executive

power.

POWER OF PRESIDENT-GENERAL AND GRAND

COUNCIL: TREATIES OF PEACE AND WAR.

That the president-general, with the advice of the grand council, hold or direct all Indian treaties, in which the general interest of the colonies may be concerned; and make peace or declare war with Indian nations.

The power of making peace or war with Indian nations is at present supposed to be in every colony, and is expressly granted to some by charter, so that no new power is hereby intended to be granted to the colonies. But as, in consequence of this power, one colony might make peace with a nation that another was justly engaged in war with; or make war on slight occasions without the concurrence or approbation of neighbouring colonies, greatly endangered by it; or make particular treaties of neutrality in case of a general war, to their own private advantage in trade, by supplying the common enemy; of all which there have been instances-it was thought better, to have all treaties of a

general nature under a general direction; that so the good of the whole may be consulted and provided for.

INDIAN TRADE.

That they make such laws as they judge necessary for regulating all Indian trade.

Many quarrels and wars have arisen between the colonies and Indian nations, through the bad conduct of traders who cheat the Indians after making them drunk, &c. to the great expense of the colonies, both in blood and treasure. Particular colonies are so in

terested in the trade, as not to be willing to admit such a regulation as might be best for the whole; and therefore it was thought best under a general direction.

INDIAN PURCHASES.

Very little of the land in those grants is yet purchased of the Indians.

It is much cheaper to purchase of them, than to take and maintain the possession by force: for they are generally very reasonable in their demands for land;* and the expense of guarding a large frontier against their incursions is vastly great; because all must be guarded, and always guarded, as we know not where or when to expect them.†

NEW SETTLEMENTS.

That they make new settlements on such purchases, by granting lands in the king's name, reserving a quit-rent to the crown for the use of the general treasury.

It is supposed better that there should be one purchaser than many; and that the crown should be that purchaser, or the union in the name of the crown. By this means the bar

That they make all purchases, from Indians for the crown, of lands not now with-gains may be more easily made, the price not in the bounds of particular colonies, or that shall not be within their bounds when some of them are reduced to more convenient di

mensions.

Purchases from the Indians, made by private persons, have been attended with many inconveniences. They have frequently interfered, and occasioned uncertainty of titles, many disputes and expensive law-suits, and hindered the settlement of the land so disputed. Then the Indians have been cheated by such private purchases, and discontent and wars have been the consequence. These would be prevented by public fair purchases. Several of the colony charters in America extend their bounds to the South Sea, which may be perhaps three or four thousand miles in length to one or two hundred miles in breadth. It is supposed they must in time be reduced to dimensions more convenient for the common purposes of government.*

* Baron Meseares, in his account of the Proceedings at Quebec, for obtaining an Assembly, says, "The vast enlargement of the province of Quebec, by adding to it a new territory that contains, according to lord Hillsborough's estimation of it, five hundred and eleven millions of acres (that is, more land than Spain, Italy, France, and Germany put together, and most of it good land) is a measure that would require an ample discussion."-The motives assigned by the act regulating the government of Quebec, are here quoted-" By the arrangements made by the royal proclamation, a very large extent of [outlying] country, within which there are several colonies and settlements of the subjects of France, who claimed to remain therein under the faith of the said treaty, was left without any provision being made for the administration of civil government therein i e. a few Indian traders were a pretext for this appropriation of a tract of country, which, according to the minister's estimate, was more than thirteen times larger than England and Wales united, nearly one hundred and twenty-eight times larger than Jamaica, almost one eighth part of Europe, and considerably more than one thirty-eighth part of the whole habitable earth. "Now all the inhabitants of the province of Quebec," says this act," amounted at the conquest to above sixty-five thousand [only.] professing the religion of the church of Rome, and enjoying an established form of constitution and system of laws."

enhanced by numerous bidders, future disputes about private Indian purchases, and monopolies of vast tracts to particular persons (which are prejudicial to the settlement and peopling of the country) prevented; and the land being again granted in small tracts to the settlers, the quit-rents reserved may in time become a fund for support of government, for defence of the country, ease of taxes, &c.

Strong forts on the lakes, the Ohio, &c. may, at the same time they secure our present frontiers, serve to defend new colonies settled under their protection; and such colonies would also mutually defend and support such forts, and better secure the friendship of the far Indians.

A particular colony has scarce strength enough to extend itself by new settlements, at so great a distance from the old: but the joint force of the union might suddenly esta

"Dr. Franklin (says Mr. Kalm the Swede,) and several other gentlemen, frequently told me, that a powerful Indian, who possessed Rhode Island, had sold it to the English for a pair of spectacles; it is large enough for a prince's domain, and makes a peculiar government at present." See Kalm's Travels into North "At the time when the America, Vol. I. p 386, 387. Swedes first arrived, they bought land at a very inconsiderable price. For a piece of baize, or a pot full of brandy, or the like, they could get a piece of ground which at present would be worth more than 2907. sterling." Ib. vol. II p. 118-The truth is, that the Indians considered their lands as mere hunting manors, and not as farms.

To guard against the incursions of the Indians, a plan was sent over to America, it was said by authority, suggesting the expediency of clearing away the woods and bushes from a tract of land, a mile in breadth, and extending along the back of the colonies. Unfortunately, besides the large expense of the undertaking (which, if one acre cost 2 sterling, and six hundred and forty acres make a square mile, is 128,0001 first cost for every hundred miles) it was forgotten, that the Indians, like other people, knew the difference between day and night, and that a mile of advance and another of retreat were nothing to the celerity of such an enemy. This plan, was the work of Tucker, dean of Gloucester, a con. spicuous writer on American affairs, before and during the revolution.

blish a new colony or two in those parts, or ex-! Particulur colonies are at present backward tend an old colony to particular passes, greatly to build forts at their own expense, which they to the security of our present frontiers, increase say will be equally useful to their neighbourof trade and people, breaking off the French ing colonies; who refuse to join, on a precommunication between Canada and Louisi-sumption that such forts will be built and kept ana, and speedy settlement of the intermediate up, though they contribute nothing. This unlands. just conduct weakens the whole; but the forts being for the good of the whole, it was thought best they should be built and maintained by the whole, out of the common treasury.

The power of settling new colonies is therefore thought a valuable part of the plan, and what cannot so well be executed by two unions as by one.

LAWS TO GOVERN THEM.

That they make laws for regulating and governing such new settlements, till the crown shall think fit to form them into particular governments.

The making of laws suitable for the new colonies, it was thought, would be properly vested in the president-general and grand council; under whose protection they must at first necessarily be, and who would be well acquainted with their circumstances, as having settled them. "When they are become sufficiently populous, they may by the crown be formed into complete and distinct govern

ments.

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The appointment of a sub-president by the crown, to take place in case of the death or absence of the president-general, would perhaps be an improvement of the plan; and if all the governors of particular provinces were to be formed into a standing council of state, for the advice and assistance of the presidentgeneral, it might be another considerable improvement.

RAISE SOLDIERS, AND EQUIP VESSELS, &c. That they raise and pay soldiers and build forts for the defence of any of the colonies, and equip vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but they shall not impress men in any colony without the consent of the legislature.

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In the time of war, small vessels of force are sometimes necessary in the colonies to scour the coast of small privateers. These being provided by the union will be an advantage in turn to the colonies which are situated on the sea, and whose frontiers on the land-side, being covered by other colonies, reap but little immediate benefit from the advanced forts.

POWER TO MAKE LAWS, LAY DUTIES, &c.

That for these purposes they have power to make laws, and lay and levy such general duties, imports, or taxes, as to them shull appear most equal and just (considering the ability and other circumstances of the inhabitants in the several colonies,) and such as may be collected with the least inconvenience to the people; rather discouraging luxury, than loading industry with unnecessary burdens.

The laws which the president-general and grand council are impowered to make are such only as shall be necessary for the government of the settlements; the raising, regu lating, and paying soldiers for the general service; the regulating of Indian trade; and laying and collecting the general duties and taxes. (They should also have a power o restrain the exportation of provisions to the enemy from any of the colonies, on particular occasions, in time of war.) But is it not in tended that they may interfere with the constitution and government of the particular colonies; who are to be left to their own laws, and to lay, levy, and apply their own taxes as before.

GENERAL TREASURER AND PARTICULAR TREA-
SURER.

It was thought, that quotas of men, to be raised and paid by the several colonies, and joined for any public service, could not always be got together with the necessary expedition. For instance, suppose one thousand men should be wanted in New Hampshire on any That they may appoint a general treasuremergency; to fetch them by fifties and hun-er and particular treasurer in each governdreds out of every colony, as far as Southment, when necessary; and from time to time Carolina, would be inconvenient, the transportation chargeable, and the occasion perhaps passed before they could be assembled; and therefore that it would be best to raise them (by offering bounty-money and pay) near the place where they would be wanted, to be discharged again when the service should be over.

"According to a plan which had been proposed by governor Pownall, and approved of by congress."-Administration of the Colonies, vol. ii. p. 148.

may order the sums in the treasuries of each government into the general treasury; or draw on them for special payments, as they find most convenient.

The treasurers here meant are only for the general funds, and not for the particular funds of each colony, which remain in the hands of their own treasurers at their own disposal.

MONEY HOW TO ISSUE.

Yet no money to issue but by joint orders

of the president-general and grand council; fore, if the crown appointed a vice-president, except where sums have been appropriated to to take place on the death or absence of the particular purposes, and the president-gene- president-general: for so we should be more ral is previously impowered by an act to draw

such sums.

To prevent misapplication of the money, or even application that might be dissatisfactory to the crown or the people, it was thought necessary, to join the president-general and grand council in all issues of money.

ACCOUNTS.

That the general accounts shall be yearly settled and reported to the several assemblies. By communicating the accounts yearly to each assembly, they will be satisfied of the prudent and honest conduct of their representatives in the grand council.

QUORUM.

That a quorum of the grand council, impowered to act with the president-general, do consist of twenty-five members; among whom there shall be one or more from a majority of the colonies.

The quorum seems large, but it was thought it would not be satisfactory to the colonies in general, to have matters of importance to the whole transacted by a smaller number, or even by this number of twenty-five, unless there were among them one at least from a majority of the colonies; because otherwise, the whole quorum being made up of members from three or four colonies at one end of the union, something might be done that would not be equal with respect to the rest, and thence dissatisfaction and discords might rise to the prejudice of the whole.

LAWS TO BE TRANSMITTED.

sure of a suitable person at the head of the colonies. On the death or absence of both, the speaker to take place (or rather the eldest king's-governor) till his majesty's pleasure be known.

OFFICERS HOW APPOINTED.

That all military commissionofficers, whether for land or sea service, to act under this general constitution, shall be nominated by the president-general; but the approbation of the grand council is to be obtained before they receive their commissions. And all civil officers are to be nominated by the grand council, and to receive the president-general's approbation before they officiate.

It was thought it might be very prejudicial to the service, to have officers appointed unknown to the people, or unacceptable, the generality of Americans serving willingly under officers they know and not caring to engage in the service under strangers, or such as are often appointed by governors through favour

or interest.

The service here meant, is not

the stated settled service in standing troops; but any sudden and short service, either for defence of our colonies, or invading the enemy's country; (such as, the expedition to Cape Breton in the last war; in which many substantial farmers and tradesmen engaged as common soldiers, under officers, of their own country, for whom they had an esteem and affection; who would not have engaged in a standing army, or under officers from England.) It was therefore thought best, to give the council the power of approving the of ficers, which the people will look upon as a

That the laws made by them for the pur-great security of their being good men. poses aforesaid shall not be repugnant, but, as near as may be, agreeable to the laws of England, and shall be transmitted to the king in council for approbation, as soon as may be after their passing; and if not disapproved within three years after presentation, to remain in force.

And

without some such provision as this, it was thought the expense of engaging men in the service on any emergency would be much greater, and the number who could be induced to engage much less; and that therefore it would be most for the king's service and general benefit of the nation, that the preroThis was thought necessary for the satis-gative should relax a little in this particular faction of the crown, to preserve the connexion of the parts of the British empire with the whole, of the members with the head, and to induce greater care and circumspection in making of the laws, that they be good in themselves and for the general benefit.

DEATH OF THE PRESIDENT-GENERAL.

That in case of the death of the presidentgeneral, the speaker of the grand council for the time being shall succeed, and be vested with the same powers and authorities, to continue till the king's pleasure be known.

It might be better, perhaps, as was said be

throughout all the colonies in America; as it had already done much more in the charters of some particular colonies, viz. Connecticut and Rhode Island.

The civil officers will be chiefly treasurers and collectors of taxes; and the suitable persons are most likely to be known by the council.

VACANCIES HOW SUPPLIED.

But in case of vacancy by death, or removal of any officer civil or military under this constitution, the governor of the province in which such vacancy happens may appoint,

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That the particular military as well as civil establishments in each colony remain in their present state, the general constitution notwithstanding; and that on sudden emergencies any colony may defend itself, and lay the accounts of expense thence arising be fore the president-general and general council, who may allow and order payment of the same, as far as they judge such accounts just and reasonable.

Otherwise the union of the whole would weaken the parts, contrary to the design of the union. The accounts are to be judged of by the president-general and grand council, and allowed if found reasonable: this was thought necessary to encourage colonies to defend themselves, as the expense would be light when borne by the whole; and also to check imprudent and lavish expense in such defences.*

ALBANY PAPERS-continued.

1. Letter to governor Shirley, concerning the Imposition of direct Taxes upon the Colonies, without their consent.

Tuesday morning.

plan, with thanks to your excellency for communicating them.

I apprehend, that excluding the people of the colonies from all share in the choice of the grand council will give extreme dissatisfaction; as well as the taxing them by act of parliament, where they have no representation. It is very possible, that this genera! government might be as well and faithfully administered without the people, as with them; but where heavy burdens are to be laid upon them, it has been found useful, to make it as much as possible their own act; for they bear better, when they have, or think they have, some share in the direction; and when any public measures are generally grievous, or even distasteful, to the people, the wheels of government move more heavily.

II. Letter to the same; concerning direct Taxes in the Colonies imposed without consent, indirect Taxes, and the Albany Plan of Union. Wednesday morning.

SIR,-I mentioned it yesterday to your excellency as my opinion, that excluding the people of the colonies from all share in the choice of the grand council, would probably give extreme dissatisfaction, as well as the taxing them by act of parliament, where they have no representation. In matters of general concern to the people, and especially where burdens are to be laid upon them; it is of use to consider, as well what they will be apt to think and say, as what they ought to think: I shall therefore, as your excellency requires it of me, briefly mention what of either kind occurs to me on this occasion.

First, they will say, and perhaps with jus

SIR,I return you the loose sheets of the tice, that the body of the people in the colonies

* This plan of union was rejected, and another proposed by the English minister, which had for its object, taking power from the people in the colonies, in order to give it to the crown.

These letters to governor Shirley first appeared in the London Chronicle for Feb. 6-8, 1766, with an in

troduction signed A Lover of Britain. In the beginning of the year 1776, they were republished in Almon's Re: membrancer, with an additional prefatory piece, under the signature of A Mourner over our Calamities.-The subject of them in the words of one of these writers is as follows: "The Albany Plan of Union was sent to the government here for approbation: had it been ap proved and established by authority from hence, English America thought itself sufficiently able to cope with the French, without other assistance; several of the colonies having alone, in former wars, withstood their whole power, unassisted not only by the mothercountry, but by any of the neighbouring provincesThe plan, however, was not approved here; a New one was formed instead of it; which proposed, that "the governors of all the colonies, attended by one or two members of their respective councils, should assemble, and concert measures for the defence of the whole, erect forts where they judged proper, and raise what troops they thought necessary, with power to draw on the treasury here for the sums that should be wanted, and the trea sury to be reimbursed by a tax laid on the colonies by act of parliament "-This New Plan being communicated by governor Shirley to Dr. Franklin then in Boston, and produced this correspondence.

are as loyal, and as firmly attached to the present constitution, and reigning family, as any subjects in the king's dominions.

That there is no reason to doubt the readiness and willingness of the representatives they may choose, to grant from time to time such supplies for the defence of the country, as shall be judged necessary, so far as their abilities will allow.

That the people in the colonies, who are to feel the immediate mischiefs of invasion and conquest by an enemy, in the loss of their estates, lives, and liberties, are likely to be better judges of the quantity of forces necessary to be raised and maintained, forts to be built and supported, and of their own abilities to bear the expense than the p i cf England, at so great a distance."

That governors often come to the colonies merely to make fortunes, with which they intend to return to Britain; are not always men of the best abilities or integrity; have many of them no estates here, nor any natural

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