wisest and most disinterested patriots in America, chosen by the unbiased suffrages of the people assembled for that purpose in their several towns, counties, and provinces. So general agreement, through so many provinces of so large a country, in one mode of self-preservation, is unexampled in any history; and the effect has exceeded our most sanguine expectations. Universal tumults, and all the irregularities and violence of mobbish factions, naturally arise when legal authority ceases. But how little of this has appeared in the midst of the late obstructions of civil government!-nothing more than what has often. happened in Great Britain and Ireland, in the face of the civil powers in all their strength; nothing more than what is frequently seen in the midst of the perfect regulations of the great city of London; and, may I not add, nothing more than has been absolutely necessary to carry into execution the spirited resolutions of a people too sensible to deliver themselves up to oppression and slavery. The judgment and advice of the continental assembly of delegates have been as readily obeyed as if they were authentic acts of a long-established Parliament. And in every colony the votes of a congress have had equal effect with the laws of great and general courts.

It is now ten months since this colony has been deprived of the benefit of that government which was so long enjoyed by charter. They have had no General Assembly for matters of legislation and the public revenue; the courts of justice have been shut up, and almost the

1 Since July 17, 1774, when the General Court at Salem closed the door against the secretary sent by Governor Gage to dissolve the Assembly, chose Thomas Cushing, Samuel Adams, Robert Treat Paine, James Bowdoin, and John Adams, delegates to a congress of the colonies, passed resolves, and separated. — ED.

2 The power of public opinion in preserving order and safety during the

whole executive power has ceased to act; yet order among the people has been remarkably preserved. Few crimes

period from the time when the king's courts and magistrates - all legal authority - ceased to act, till the accession of constitutional authority, — a phenomenon which excited the admiration of the world, - is finely illustrated in Mr. Freeman's account of the proceedings in Barnstable county, "on the first Tuesday of September," 1774. As there might be appeals from the Court of Common Pleas to the Superior Court, the Chief Justice of which, Hutchinson, had accepted a salary from the crown, the people suppressed the sessions of that court throughout the province, except in Boston, where they were not in power. Fifteen hundred of the people of Barnstable, Plymouth, and Bristol counties, thoroughly organized, met in front of the court-house, at Barnstable, and, through their conductor-inchief, Dr. Nathaniel Freeman, of Sandwich, addressed Colonel Otis, the venerable Chief Justice: . . . "Our safety, all that is dear to us, and the welfare of unborn millions, have directed this movement to prevent the court from being opened or doing any business. We have taken all the consequences into consideration; we have weighed them well, and have formed this resolution, which we shall not rescind." The Chief Justice then calmly but firmly replied: "This is a legal and a constitutional court; it has suffered no mutations; the juries have been drawn from the boxes as the law directs; and why would you interrupt its proceedings? — why do you make a leap before you get to the hedge?" Dr. Freeman responded: "All this has been considered. We do not appear out of any disrespect to this honorable court, nor do we apprehend that if you proceed to business you will do anything that we could censure. But, sir, from all the decisions of this court, of more than forty shillings' amount, an appeal lies; an appeal to what?-to a court holding office during the king's pleasure, - a court over which we have no control or influence, - a court paid out of the revenue that is extorted from us by the illegal and unconstitutional edict of foreign despotism, and there the jury will be appointed by the sheriff. For this reason we have adopted this method of stopping the avenue through which business may otherwise pass to that tribunal, — well knowing that if they have no business they can do us no harm." The Chief Justice then said: "As is my duty, I now, in his Majesty's name, order you immediately to disperse, and give the court the opportunity to perform the business of the county." Dr. Freeman replied: "We thank your Honor for having done YOUR duty: WE SHALL CONTINUE TO PERFORM OURS." The court then turned and repaired to the house where they had put up.

This was supposed to be the first overt act of TREASON, done deliber

have been committed, punishable by the judge; even former contentions betwixt one neighbor and another have

ately, in the face of day. The solemnity and sense of right which governed the people, and which was a characteristic of the revolutionary period, was grandly exhibited in their code of regulations adopted on this occasion. We give their own words:

"Whereas a strict adherence to virtue and religion is not only wellpleasing in the sight of Almighty God, and highly commendable before men, but hath a natural tendency to good order, and to lead mankind in the paths of light and truth:

"Therefore, Resolved, That we will . . avoid all kinds of intemperance by strong liquors, and no otherwise frequent the taverns than for necessary entertainment and refreshment; that we will not swear profanely, or abuse our superiors, equals, or inferiors, by any ill or opprobrious language; that we will not invade the property of any, or take of their goods or estate without their leave or consent; that we will not offer violence to any persons, or use any threatening words, otherwise than such as shall be approved of and accounted necessary by our community for the accomplishing the errand we go upon; and that we will carefully observe an orderly, circumspect, and civil behavior, as well towards strangers and all others as towards those of our own fellowship.

"Resolved, That Messrs. Aaron Barlow, Nathaniel Briggs, James Foster, Joseph Haskell, 3d, John Doty, Judah Sears, Jr., Stephen Wing, and John Pitcher, be a committee to hear and determine all offences against morality, decency, and good manners, that shall be complained of, . with power to call before them, examine, acquit, or punish, according to the nature and circumstances of the offence.

"Resolved, That we will, during the time of our said enterprise, aid, protect, and support our said committee in the full and free discharge of their duty and office, and use our most careful endeavors for the punishment of all offenders.

"And, forasmuch as these our public transactions are of a public nature, and, as we apprehend, laudable; and as we have no private interest to serve, or anything in view but the good of our country and its common

cause:

"Therefore, Voted, That these resolves be read once every day, at some convenient time and place, during our transitory state and temporary fellowship, so that our righteousness may plead our cause, and bear a public testimony that we are neither friends to mobs, or riots, or any other wickedness or abomination.

"And, lastly, we Resolve, That we will yield all due respect and obedi

ceased; nor have fraud and rapine taken advantage of the imbecility of the civil powers.

The necessary preparations for the defence of our liberties required not only the collected wisdom and strength. of the colony, but an immediate, cheerful application of the wealth of individuals to the public service, in due proportion, or a taxation which depended on general consent. Where was the authority to vote, collect, or receive the large sums required, and make provision for the utmost extremities? A Congress succeeded to the honors of a General Assembly as soon as the latter was crushed by the hand of power. It gained all the confidence of the people. Wisdom and prudence secured all that the laws of the former constitution could have given; and we now observe with astonishment an army of many thousands of well-disciplined troops suddenly assembled, and abundantly furnished with all necessary supplies, in defence of the liberties of America.

But is it proper or safe for the colony to continue much longer in such imperfect order? Must it not appear rational and necessary, to every man that understands the various movements requisite to good government, that the many parts should be properly settled, and every branch. of the legislative and executive authority restored to that order and vigor on which the life and health of the body

ence to those persons whom we shall choose and appoint for our officers and leaders," etc.-"History of Cape Cod," by Rev. Frederick Freeman, Boston, 1860; a work of great value and interest, of which chapters xix. xx. are additional to previous materials, and supply a passage in the moral history of the people the most difficult to be preserved.

Mr. Burke, in March, 1775, reflecting on this singular spectacle of a people remaining in perfect order without a public council, judges, or executive magistrates, said: "Obedience is what makes government, and not the names by which it is called; not the name of governor, as formerly, or committer, as at present.”— ED.

politic depend? To the honorable gentlemen now met in this new congress as the fathers of the people, this weighty matter must be referred. Who knows but in the midst of all the distresses of the present war to defeat the attempts of arbitrary power, God may in mercy restore to us our judges as at the first, and our counsellors as at the beginning?

On your wisdom, religion, and public spirit, honored gentlemen, we depend, to determine what may be done as to the important matter of reviving the form of government, and settling all necessary affairs relating to it in the present critical state of things, that we may again have law and justice, and avoid the danger of anarchy and confusion. May God be with you, and by the influences of his Spirit direct all your counsels and resolutions for the glory of his name and the safety and happiness of this colony. We have great reason to acknowledge with thankfulness the evident tokens of the Divine presence with the former congress, that they were led to foresee present exigencies, and make such effectual provision for them. It is our earnest prayer to the Father of Lights that he would irradiate your minds, make all your way plain, and grant you may be happy instruments of many and great blessings to the people by whom you are constituted, to New England, and all the united colonies.

Let us praise our God' for the advantages already given us over the enemies of liberty, particularly that they have been so dispirited by repeated experience of the efficacy of our arms; and that, in the late action at Chelsea, when several hundreds of our soldiery, the greater part open to

1 Governor Gage, in his proclamation of June 12, 1775, a few days after Dr. Langdon's sermon was preached, said: "To complete the horrid profanation of terms and of ideas, the name of God has been introduced in the pulpits to excite and justify devastation and massacre."- ED.