AMERICA. [xxxvii. 667.719.] From the Minutes of the General Congress. Philadelphia, Dec. 6. 1775.

WE the delegates of the Thirteen U

nited Colonies of North America, have taken into our most serious confideration a proclamation iffued from the court at St James's, on the 23d day of Auguft laft [xxxvii. 455.3. The name of his Majefty is used to give it a sanction and influence; and, on that account, it becomes a matter of importance to wipe off, in the name of thefe United Colonies, the afperfions which it is calculated to throw upon our caufe; and to prevent, as far as poffible, the undeferved punishments which it is designed to prepare for our friends.

We are accused of "forgetting the allegiance which we owe to the power that has protected and fuftained us." Why all this ambiguity and obscurity in what ought to be fo plain and obvious, as that he who runs may read it? What allegiance is it that we forget? Allegiance to parliament! We never owed, -we never owned it. Allegiance to our King! Our words have ever avowed it, -our conduct has ever been confiftent with it. We condemn, and with arms in our hands (a resource which freemen will never part with) we oppofe, the claim and exercise of unconftitutional powers, to which neither the crown or parliament were ever intitled. By the British conftitution, our beft inheritance, rights as well as duties defcend upon us; we cannot violate the latter, by defending the former; we should act in diametrical oppofition to both, if we permitted the claims of the British parliament to be established, and the measures purfued in confequence of those claims to be carried into execution among us. Our fagacious ancestors provided bounds against the inundation of tyranny and lawless power on one fide, as well as against that of faction and licentioufnefs on the other. On which has the breach been made? Is it objected against us by the most inveterate, or the moft candid of our enemies, that we have oppofed any of the juft prerogatives of the crown, or any legal exertion of those prerogatives? Why then are we accused of forgetting our allegiance? We have performed our duty; we have refifted in those cafes in which the right to refift is ftipulated as exprefsly on our part, as the right to goVOL. XXXVIII.

vern is, in other cafes, ftipulated on the part of the crown. The breach of allegiance is removed from our resistance, as far as tyranny is removed from legal `go

vernment.

It is alledged, that "we have proceeded to an open and avowed rebellion." In what does this rebellion confift? It is thus defcribed :-" Arraying ourselves in hoftile manner to withstand the execution of the law, and traitorously preparing, ordering, and levying war against the King." We know of no laws binding upon us, but fuch as have been tranfmitted to us by our ancestors, and uch as have been confented to by ourselves, or our reprefentatives elected for that purpose. What laws, ftamped with thofe characters, have we withstood? We have, indeed, defended them; and we will rifk every thing, do every thing, and fuffer every thing, in their defence. To fupport our laws, and our liberties eftablifhed by our laws, we have prepared, ordered, and levied war. But is this traitorously? or against the King? We view him as the conftitution reprefents him; that tells us he can do no wrong. The cruel and illegal attacks which we oppofe, have no foundation in the royal authority. We will not, on our part, lofe the diftinction between the King anđ his minifters. Happy it would have been for fome former princes, had it been always preferved on the part of the crown!

Befides all this, we obferve, on this part of the proclamation, that "Rebeltion" is a term undefined and unknown in the law. It might have been expected, that a proclamation, which, by the conftitution, has no other operation than merely that of enforcing what is already law, would have had a known legal ba fis to have refted upon. A correfpondence between the inhabitants of Great Britain and their brethren in America, produced, in better times, much fatisfaction to individuals, and much advantage to the public. By what criterion fhall one who is unwilling to break off this correfpondence, and is at the fame time anxious not to expofe himself to the dreadful confequences threatened in this proclamation, by what criterion shall he regulate his conduct? He is admonifhed not to carry on correspondence with the perfons now in rebellion in the colonies: How fhall he afcertain who are in rebellion, and who are not? He C

confults

confults the law to learn the nature of the fuppofed crime. The law is filent upon the fubject. This, in a country where it has been often faid, and formerly with justice, that the government is regulated by law, and not by men, might make him perfectly eafy. But proclamations have been sometimes dangerous engines in the hands of thofe in power. Information is commanded to be given to one of the secretaries of ftate, of all perfons whatsoever "who fhall be found carrying on correfpondence with the perfons in rebellion, in order to bring to condign punishment the authors, perpetrators, or abettors, of fuch dangerous defigns." Let us fuppofe, for a moment, that fome perfons in the colonies are in rebellion, and that those who carry on correfpondence with them might learn, by fome rule which Britons are bound to know, how to difcriminate them; does it follow, that all correfpondence with them deferves to be punished? It might have been intended to apprife them of their danger, and to reclaim them from their crimes. By what law does a correfpondence with a criminal transfer or communicate his guilt? We know that thofe who aid and adhere to the King's enemies, and thofe who correfpond with them in order to enable them to carry their defigns into effect, are criminal in the eye of law. But the law goes no further. Can proclamations, according to the principles of reafon, and juftice, and the conftitution, go further than the law?

But, perhaps, the principles of reafon, and juftice, and the conftitution, will not prevail. Experience fuggefts to us the doubt. If they fhould not, we muft refort to arguments drawn from a very different fource, We, therefore, in the name of the people of thefe U mited Colonies, and by authority, according to the pureft maxims of reprefentation derived from them, declare, That whatever punishment shall be inflicted upon any perfons in the power of our enemies, for favouring, aiding, or abe'ting, the caufe of American liberty, fhall be retaliated in the fame kind, and the fame degree, upon thofe, in our power, who have favoured, aided, or abetted, or fhali favour, aid, or abet, the fyftem of ministerial oppreffion. The effential difference between our caufe and that of our enemies might juftify a feverer purifhment: the law of retalia

tion will unquestionably warrant one equally fevere.

We mean not, however, by this declaration, to occafion or to multiply punifhments: our fole view is to prevent them. In this unhappy and unnatural controverfy, in which Britons fight against Britons and the defcendents of Britons, let the calamities immediately incident to a civil war fuffice. We hope additions will not, from wantonnefs, be made to them on one fide: we fhall regret the neceffity, if laid under the neceffity, of making them on the other. CHARLES THOMSON, Sec.

"Rhode-ifland, Nov. 13. On the 6th inftant, the general affembly here paffed an act "for the punishment of perfons who fhall be found guilty of holding a traitorous correfpondence with the miniftry of G. Britain, or any of their officers or agents; or of supplying the minifterial army or navy that now is, or may be employed in America, against the United Colonies, with provifions, cannon, arms, ammunition, or warlike or naval ftores, or of acting as pilots on board any of their fhips or veffels.' Any perfon fo offending is to fuffer death, as in cafes of felony; and fhall forfeit his lands, goods, and chattels, to the colony, to be difpofed of by the general affembly as they fhall think fit, all neceffary charges of profecution, condemnation, and execution, being first deduct ed."

"Providence, Nov. 11. An act has paffed the Houfe, fequeftrating the cftates of Thomas Hutchinfon, Efq; late Governor of the Maffachufet's-bay, Gilbert Deblois, Dr Thomas Moffet, Samuel Sewall, G. Rome, Jahleel and Benjamin Brenton, and feveral other eftates within this colony."

"London, Jan. 22. By a private let. ter from Pennsylvania, we learn, that three manor eftates, called Banfellaars, Leving ftone, and Phillipbourg manors, containing 570,000 acres, being equal to the counties of Middlefex and Huntingdon, as populous as most counties in England, and the people as great vaffals as the Scotch, are to be confifcated, The people the continental congrefs have agreed to franchife; and as great inconveniencies have arifen to the public from these manors, which are grants of the crown, and the owners of which being apprehenfive of their being vacated,

have ever been too obedient to miniftry, particularly in the debate concerning fending delegates to the continental congrefs, when the three provinces put a negative upon that measure; for this reafon the congrefs have it under confideration to follow the example of Rhodeifland, by vacating the above grants, and confifcating them to the ufe of carrying on the war."

After the furrender of Chamblee and St John's [xxxvii. 651, 3], the provincials extended their conquests in Canada, by the reduction of Montreal. The garrifon had abandoned the town. "New London, Dec. 1. Laft Monday night, Capt. Jeremiah Hatsey arrived exprefs, from Canada, to Gov. Turnbull, at Lebanon, with the following intelligence: That on the night of Nov. 12. Gen. Carleton, after having spiked up the cannon, and drove balls into the muzzles, robbed the merchants of what quantities of powder they were poffeffed of, fhipped it and all the small arms on board the transports and armed veffels; and, with about 100 foldiers, and as many Canadian Tories as were inclined to go, embarked, and abandoned the city of Montreal."

Gen. Schuyler, in a letter to a gentleman at Albany, dated, Ticonderoga, (where he had been obliged to remain by ficknefs), Nov. 21. writes thus. "You will be pleased to communicate to the committee of the city and county of Albany the further fuccefs of our arms. Gen. Montgomery poffeffed himfelf of Montreal on the 13th inftant. Col. Arnold is arrived at Quebec; fo that, in all probability, the entire province of Canada, as formerly limited, will be in our poffeffion foon, if not already events which, I hope, will have a tendency to bring the miniftry of our fovereign to reasonable terms.-That Heaven may again, and fpeedily, reanite us in every bond of affection and intereft; that the British empire may be come the envy and admiration of the univerfe, and flourish, until the Omnipotent Mafter thereof shall be pleafed to put his Fiat on all earthly empires, is the fincere with of," &c.

After the garrifon had abandoned Montreal, the inhabitants, reprefented by the fubfcribers, duly elected for that purpose, (viz. John Porteous, Pierre Pannet, John Blake, Pierre Maziere, James Finlay, St George Dupree, James

M'Gill, Louis Carrignant, Richard Huntly, Francois Mathiot, Edw. Wm Grey, and Pierre Guy,) demanded the following terms.

Art. 1. That the citizens and inhabitants of Montreal, as well individuals, as religious orders and communities, without any exceptions, fhall be maintained in the free poffeffion and enjoyment of their rights, goods, and effects, moveable and immoveable, of what nature foever they may be.

2. That the inhabitants, French and English, shall be maintained in the free. exercise of their religion.

3. That trade in general, as well within the province, as in the upper countries, and parts beyond the feas, fhall be carried on freely as heretofore, and passports fhall be granted for that purpose.

4. That passports shall also be granted to those who may want them, for the different parts of this province, or else-where, on their lawful affairs.

5. That the citizens and inhabitants of the town and fuburbs of Montreal fhall not be compelled, on any pretence whatfoever, to take up arms against the mother-country, nor to contribute in any manner towards carrying on war against her.

6. That the citizens and inhabitants of the town and fuburbs, or any part of the country, who have taken up arms. for the defence of this province, and are taken prifoners, fhall be fet at liberty.

7. That the courts of justice shall be eftablished for the determination of property, and that the judges of the faid courts fhall be elected by the people.

8. That the inhabitants of the town fhall not be fubjected to lodge troops.

9. That no inhabitants of the country, or favages, fhall be permitted to enter the town, until the commandant shall have taken poffeffion, and provided for the fecurity thereof.

Montreal, Nov. 12. 1775.

[Signed] John Porteous, &c. "I [Gen. Montgomery] do hereby certify, that the above articles were prefented to me; to which I have given the following anfwer.

The city of Montreal having neither ammunition, artillery, troops, nor provifions, and having it not in their power to fulfil one article of the treaty, can claim no title to a capitulation.

The continental army have a generous difdain of every act of oppreffion and vioC 2

lence:

lence: they are come for the exprefs purpose of giving liberty and fecurity: The General, therefore, engages his ho nour to maintain, in the peaceable en joyment of their property of every kind, the individuals and religious communities of the city of Montreal.

The inhabitants, whether English, French, or others, fhall be maintained in the free exercise of their religion.

The prefent unhappy contention ber tween G. Britain and her colonies, puts it out of his power to engage for freedom of trade to the mother-country, nor can he make a general promife of paffperts: As far as it may confift with the fafety of the troops, and the public good, he fhall be happy to promote commerce; and for that purpofe promifes to grant paffports for the upper countries when required.

The General hopes to fee fuch a pro

vincial virtuous convention affembled, as will enter with zeal into every measure that can contribute to fet the civil and religious rights of this and her fifter-coTonies on a permanent foundation. He promifes for himself, that he will not compel the inhabitants of the town to take up arms against the mother-country, or contribute towards the expence of the prefent war.

The continental army came into this province for its protection; they therefore cannot confider their oppofers as taking up arms for its defence.

It is not in the General's power to cngage for the return of prifoners. Mo. tives of humanity will induce him to ufe his intereft for their return to their families, provided it can be done without endangering the public fafety.

Speedy meafures fhall be taken for e. ftablishing courts of juftice, upon the moft liberal plan, conformable to the British conftitution.

The inhabitants fhall not be burthened with troops, but when neceffity requires it, of which neceffity the General must be judge.

The inhabitants of the country, and favages, fhall not enter the town till the quards are pofted.

To-morrow morning, at nine o'clock, the continental troops fhall take poffef Son of the Recollects gate; the proper officers must attend, with the keys of all public ftores, upon the Quartermaftergeneral, at nine o'clock, at the Recolkects gate.

This engagement is understood, and declared, to be binding on any future commanding officer of the continental troops that may succeed me in this diftrict. RICHARD MONTGOMERY, Brigadier-General of the Continental Army.”

A letter, dated, Camp before Quebec, near the General Hospital, Dec. 6. runs thus."I wrote you the 21st ult. giving you fome particulars of our march, proceedings, &c. fince which Gen. Montgomery has joined us with artillery, and about 3000 men; and yesterday we arrived here from Point aux Trembles, and are making preparations to attack the enemy; who are in close garrifon, but cannot hold out long, as, from ded among themselves, and a prodigious the best accounts, they are much divipanic has feized them all.. Carleton, we the very laft. All his friends, or rather are told, is determined to hold out to his courtiers, fay, he could not have taken more effectual measures than he has, to ruin the country. The 22d ult. he iffued a very extraordinary proclamation, strictly ordering all who refufe to take up arms, and defend the garrifon, to depart the town and diftrict within four days, with their wives and children, under pain of being treated as rebels or fpies. In confequence of which, a great number of the principal people came out, with their families; but were obliged to leave all their property behind, except fome wearing-apparel, and a little household-furniture, &c.

Our men are in

high fpirits, being now well cloathed with the regimentals deftined for the 7th and 26th regiments, who were taken prifoners at St John's. This is a circumstance of which, I believe, the like never before happened to the British troops, as two regiments of them to be made prisoners at one time. Providence fmiles on us in a moft remarkable manner. The Canadians fay, "Surely God is with this people, or they could never have done what they have done." They are all aftonifhed at our march through the wilderness, which they fay was impoffible, and would not believe our coming until they had ocular demonftration of it. I hope the next time I write you, it will be from Quebec; for, if the infulting for does not furrender fhortly, I believe it is the General's intention to carry the town by

ftorm."

To counterbalance the advantages in Canada,

Canada, Lord Dunmore has erected the King's ftandard in Virginia; to which great numbers have repaired, both whites and blacks; and has obtained fome adantages over the Virginians.- Previoufly to this measure, his Excellency caufed the following proclamation to be iffued. "As I have ever entertained hopes that an accommodation might have taken place between G. Britain and this colony, without being compelled, by my duty, to this moft disagreeable, but now abfolutely neceffary ftep, rendered fo by a body of armed men, unlawfully affembled, firing on his Majefty's tenders [xxxvii. 660.], and the formation of an army, and that army now on their march to attack his Majefty's troops, and detroy the well-difpofed fubjects of this colony: To defeat fuch treasonable purpofes; and that all fuch traitors, and their abettors, may be brought to juftice; and that the peace and good order of this colony may be again reftored, which the ordinary courfe of the civil law is unable to effect, I have thought fit to iffue this my proclamation, hereby declaring, That until the aforefaid good purpofes can be obtained, I do, in virtue of the power and authority to me given by his Majety, determine to execute martial law,

and cause the fame to be executed throughout this colony: And to the end that peace and good order may the fooner be restored, I do require every perfon capable of bearing arms, to refort to his Majefty's ftandard, or be looked upon as traitors to his Majefty's crown and government, and thereby become liable to the penalty the law inflicts upon fuch offences; fuch as, forfeiture of life, con fifcation of lands, &c. And I do hereby farther declare, all indented fervants, Begroes, or others, (appertaining to rebels), free, that are able and willing to bear arms, they joining his Majefty's troops, as foon as may be, for the more Speedily reducing this colony to a proper fenfe of their duty to his Majefty's crown and dignity. I do farther order, and require, all his Majefty's liege fubjects, to retain their quit-rents, or any other taxes doe, or that may become due, in their own cuftody, till fuch time as peace may be again reftored to this at prefent moft unhappy country, or demanded of them, for their former falutary purpofes, by officers properly authorised to receive the

fame.

Given on board the ship William, off Norfolk, the 7th of November, 1775

From the beft information of the intentions of the Americans, who are now affembled in arms against his Majefty's government, I have reafon to think, they are meditating to difturb the peace and tranquillity of the inhabitants of this colony; proofs of which I fhall order to be laid before you: and as selfdefence is the firft law of nature, and the confideration of it of the higheft importance to your conftituents, 1 do recommend to your ferious deliberation thofe measures which will moft conduce to the fafety and protection of the pro

vince.

Among other weighty affairs, the state and condition of the colony in and though it is our duty to contribute respect to provifion, is become alarming: to the utmoft of our ability to furnish the army and navy with refreshments, and every neceffary; yet I am of opinion, fome rules and regulations might be made, to prevent the enhancing the price of provifions, and its being diverted to other purpofes. As this is a matter of great importance, and is become veTy interefting to the people in general, but more particularly to the inhabitants of Halifax, I must recommend it to your deliberations, that fome meafure may be adopted which will give a fatisfactory re

lief.

Your firm attachment to his facred zeal in promoting the fame fentiments a Majefty, and his government, and your higheft fatisfaction; the fame union and mong the inhabitants, have given me the harmony in all your deliberations, will tend to the advancement of the public good; and, you may be affured, I fhall moft heartily concur in every measure that will promote the peace, fafety, and intereft, of this province.”

On Monday, the 23d, Mr Speaker, and the members, waited on his Excel lency with their addrefs, viz.

May it please your Excellency, WE, his Majefty's dutiful and loyal fubjects,