If I was possess'd of Abilities equal to the great Task you have imposed upon me, which is to sketch out the outlines of a Constitution for a Colony, I should think myself the happiest of Men in complying with your Desire: because as Politicks is the Art1 of Securing human 79Happiness, and the Prosperity2 of Societies depends upon the Constitution of Government, under which they live; there cannot be a more agreable Employment to a benevolent Mind than the Study of the best, Kinds of Governments.

It has been the Will of Heaven, that We should be thrown into Existence at a Period, when the greatest Philosophers and Lawgivers of Antiquity would have wished to have lived: a Period, when a Coincidence of Circumstances, without Example, has afforded to thirteen Colonies at once an opportunity, of beginning Government anew from the Foundation and building as they choose. How few of the human Race, have ever had an opportunity of choosing a System of Government for themselves and their Children? How few have ever had any Thing more of Choice in Government, than in Climate? These Colonies have now their Election and it is much to be wish'd that it may not prove to be like a Prize in the Hands of a Man who has no Heart to improve it.3

In order to determine which is the best Form of Government, it is necessary to determine what is the End of Government? and I suppose that in this enlightened Age, there will be no dispute, in Speculation, that the Happiness of the People, the great End of Man, is the End of Government, and therefore, that Form of Government, which will produce the greatest Quantity of Happiness, is the best.

All Sober Enquirers after Truth, ancient and modern, Divines, Moralists and Philosophers have agreed that the Happiness of Mankind, as well as the real Dignity of human Nature, consists in Virtue. If there is a Form of Government then, whose Principle and Foundation is Virtue will not every wise Man acknowledge it more likely to promote the general Happiness than any other.

Fear, which is Said by Montesquieu and all other political Writers to be the Foundation of some Governments, is so sordid and brutal a Passion that it cannot properly be called a Principle, and will hardly be thought in America a proper Basis of Governments.

Honour, is a Principle which ought to be Sacred: But the Grecians and Romans pagan as well as Christian, will inform Us that Honour at most is but a Part of Virtue, and therefore a feebler Basis of Government.

A Man must be indifferent to Sneer and Ridicule, in Some Companies to mention the Names of Sidney, Harrington, Lock, Milton, Nedham, Neville, Burnet, Hoadley;4 for the Lines of John Milton on one of his Sonnetts, will bear an application, even in this Country, upon Some Occasions. 80 “I did but teach the Age, to quit their Cloggs, by the plain Rules of ancient Liberty, When lo! a barbarous Noise surrounded me Of Owls and Cuckoo's, Asses, Apes and Dogs.”5 These great Writers however, will convince any Man who has the Fortitude to read them, that all good Government is Republican: that the only valuable Part of the British Constitution is so;6 for the true Idea of a Republic, is “An Empire of Laws and not of Men”: and therefore as a Republic is the best of Governments so, that particular Combination of Power, which is best contrived for a faithfull Execution of the Laws, is the best of Republics.

There is a great Variety of Republics, because the Arrangements of the Powers of Society are capable of many Variations.

As a good Government is an Empire of Laws, the first Question is, how Shall the Laws be made?

In a Community consisting of large Numbers, inhabiting an extensive Country, it is not possible that the whole Should assemble, to make Laws. The most natural Substitute for an Assembly of the whole, is a Delegation of Power, from the Many, to a few of the most wise and virtuous. In the first Place then establish Rules for the Choice of Representatives: Agree upon the Number of Persons who shall have the Privilege of choosing one. As the Representative Assembly, should be an exact Portrait, in Miniature, of the People at large, as it should think, feel, reason and act like them great Care should be taken in the Formation of it, to prevent unfair, partial and corrupt Elections. That it may be the Interest of this Assembly to do equal Right, and Strict Justice upon all Occasions, it should be an equal Representation of their Constituents, or in other Words equal Interests among the People, Should have equal Interests in the Representative Body. That the Representatives may often mix with their Constituents, and frequently render to them an Account of their Stewardship, Elections ought to be frequent. Like Bubbles on the sea of Matter borne They rise, they break and to that sea return7 These Elections may be septennial or triennial, but for my own Part I think they ought to be annual, for there is not in all science a Maxim more infallible than this “Where Annual Elections End, there Slavery begins.”8

But all necessary Regulations for the Method of constituting this 81Assembly, may be better made in Times of more Quiet than the present, and they will suggest themselves naturally, when the Powers of Government shall be in the Hands of the Peoples Friends. For the present it will be safest to go on in the usual Way.

But We have as yet Advanced only one Step in the Formation of a Government. Having obtained a Representative Assembly, what is to be done next? Shall We leave all the Powers of Government in this assembly?9 Shall they make and execute, and interpret Laws too? I answer no. A People cannot be long free, and never can be happy, whose Laws are made, executed and interpreted by one Assembly. My Reasons for this opinion are these.

1. A Single Assembly is liable to all the Vices, Follies, and Frailties of an Individual—subject to fits of Humour, Transports of Passion, Partialities of Prejudice: and from these and other Causes apt to make hasty Results and Absurd Judgments: all which Errors ought to be corrected, and Inconveniences guarded against by some Controuling Power.

2. A Single Assembly is apt to grow Avaricious, and in Time would not Scruple to exempt itself from Burdens, which it would lay upon its Constituents, without Sympathy.

3. A Single Assembly will become ambitious, and after Some Time will vote itself perpetual. This was found in the Case of the long Parliament: but more remarkably in the Case of Holland whose Assembly first voted that they should hold their Seats for seven Years, then for Life—and after some Time, that they would fill up Vacancies as they should happen without applying to their Constituents at all.

4. The Executive Power cannot be well managed by a Representative Assembly for Want of two essential Qualities, secrecy and Dispatch.10

5. Such an assembly is still less qualified to exercise the judicial Power because it is too numerous, too slow, and generally too little Skill'd in the Laws.

But shall the whole Legislative Power, be left in the Hands of such an Assembly? The three first, at least of the foregoing Reasons, will shew that the Legislative Power ought not to be wholly intrusted to one Assembly.

Let the Representative Body then elect, from among themselves or their Constituents, or both, a distinct Assembly, which We will call a Council. It may consist of any Number you please, Say twenty or thirty. To this Assembly should be given a free and independent 82Exercise of its Judgment, upon all Acts of Legislation, that it may be able to check and correct the Errors, of the other.

But there ought to be a third Branch of the Legislature: and wherever the Executive Power of the State is placed, there the third Branch of the Legislature ought to be found.

Let the two Houses then, by joint Ballott, choose a Governor. Let him be chosen annually. Divest him, of most of those Badges of slavery called Prerogatives. And give him a Negative upon the Legislature. This I know is liable to some Objections—to obviate which you may make him in a Legislative Capacity only President of the Council. But if he is annually elective, you need not Scruple to give him a free and independent Exercise of his Judgment, for he will have So great an Affection for the People, the Representatives, and Council that he would Seldom exercise his Right, except in Cases, the public Utility of which would soon be manifest, and some such Cases would happen.

In the present Exigency of American Affairs, where by an Act of Parliament We are put out of all Royal Protection, and consequently discharged from all Obligations of Allegiance; and when it has become necessary to assume Governments for immediate Security, the Governor, Lieut. Governor, Secretary, Treasurer, Attorney General should be chosen by joint Ballot of both Houses.

The Governor, by and with and not without the Advice and Consent of Council, should appoint all Judges, Justices and all other Officers civil and military, who should have Commissions Signed by the Governor and under the Seal of the Colony.

Sherriffs should be chosen by the Freeholders of the Counties.

If you chose to have a Government more popular all Officers may be chosen by one House of Assembly subject to the Negative of the Other.11

The Stability of Government, in all its Branches, the Morals of the People and every other Blessing of Society, and social Institutions depend so much upon an able and impartial Administration of Justice, that the judicial Power should be Seperated from the Legislative and Executive, and independent upon both; the Judges should be Men of Experience in the Laws, of exemplary Morals, invincible Patience, unruffled Calmness, and indefatigable Application: their Minds should not be distracted with complicated jarring Interests—they should not be dependent on any Man or Body of Men—they should lean to none, be subservient to none, nor more complaisant to one than another. To this End they should hold Estates for Life in their Offices, or in other 83Words their Commissions should be during good Behaviour, and their Salaries ascertained and established by Law. If accused of Misbehaviour, by the Representative Body, before the Governor and Council, and if found guilty after having an opportunity to make their Defence, they should be removed from their Offices and Subjected to such Punishment as their Offences deserve.12

A Rotation of Offices, in the Legislative and Executive Departments has many Advocates and, if practicable might have many good Effects. A Law may be made that no Man shall be Governor, Lt. Governor, Secretary, Treasurer, Councillor, or Representative more than three Years at a Time, nor be again eligible untill after an Interval of three Years.

A Constitution like this, of which the foregoing is a very imperfect Plan naturally introduces generally Knowledge into the Community and inspires the People with a conscious Dignity, becoming Freemen. A general Desire of Reputation and Importance among their Neighbours, which cannot be obtained without, some Government of their Passions, some good Humour, good Manners and good Morals, takes Place in the Minds of Men, and naturally causes general Virtue and Civility. That Pride which is introduced by such a Government among the Common People makes them bold, brave and enterprizing. That Ambition which is introduced into every Rank makes them sober, industrious and frugal. You will find among them some Elegance, but more Solidity, a little Politeness but a great deal of Civility—some Pleasure, but much Business.

Let Commissions run thus “Colony of North Carolina to A. B. Greeting” &c. and be tested by the Governor.

Let Writs run “The Colony of &c. to the sheriff &c.” Let Endictments conclude “against the Peace of the Colony of North Carolina, and the Dignity of the same.” Or if you please against the Peace of the thirteen united Colonies.13

We have heard much of the Continental Constitution. I see no occasion for any But a Congress. Let that be made an equal and fair Representation of the Colonies, and let its Authority be confined to three Cases, War, Trade, and Controversies between Colony and Colony. If a Confederation was formed agreed on in Congress, and ratified by the Assemblies: These Colonies under such Terms of Government and such a Confederation would be unconquerable by all the Monarchies of Europe.

This Plan of a Government for a Colony you see is intended as a temporary Expedient under the present Pressure of Affairs. The Gov-84ernment once formed, and having settled its authority will have Leisure enough to make any Alteration that Time and Experience and more mature Deliberation may dictate. Particularly, a Plan may be devised perhaps and be thought expedient for giving the Choice of the Governor to the People at large, and of the Councillors to the Freeholders of the Counties. But be these Things as they may. Two Things are indispensibly to be attended to—one is some Regulations for securing forever an equitable Choice of Representatives—another is the Education of Youth, both in Literature and Morals.14

I wish, my dear sir, that I had Time to think of these Things more at Leisure, and to write more correctly. But you must take these Hints rough as they run. Your own Reflections assisted by the Patriots of North Carolina will improve upon every Part of them.

As you brought upon yourself the Trouble of reading these rude Thoughts, you can blame, your Friend.

If I was equal to the task of forming a plan for the government of a colony, I should be flattered with your request, and very happy to comply with it; because as the divine science of politicks is the science of social happiness, and the blessings of society depend entirely on the constitutions of government, which are generally institutions that last for many generations, there can be no employment more agreeable to a benevolent mind, than a research after the best. Pope flattered tyrants too much when he said, “For forms of government let fools contest, That which is best administered is best.” Nothing can be more fallacious than this: But poets read history to collect flowers not fruits—they attend to fanciful images, not the effects of social institutions. Nothing is more certain from the history of nations, and the nature of man, than that some forms of government are better fitted for being well administered than others.

We ought to consider, what is the end of government, before we determine which is the best form. Upon this point all speculative politicians will agree, that the happiness of society is the end of government, as all Divines and moral Philosophers will agree that the happiness of the individual is the end of man. From this principle it will follow, that the form of government, which communicates ease, comfort, security, or in one word happiness to the greatest number of persons, and in the greatest degree, is the best.

All sober enquiries after truth, ancient and modern, Pagan and Christian, have declared that the happiness of man, as well as his dignity consists in virtue. Confucius, Zoroaster, Socrates, Mahomet, not to mention authorities really sacred, have agreed in this.

If there is a form of government then, whose principle and foundation is virtue, will not every sober man acknowledge it better calculated to promote the general happiness than any other form?

Fear is the foundation of most governments; but is so sordid and brutal a passion, and renders men, in whose breasts it predominates, 87so stupid, and miserable, that Americans will not be likely to approve of any political institution which is founded on it.

Honor is truly sacred, but holds a lower rank in the scale of moral excellence than virtue. Indeed the former is but a part of the latter, and consequently has not equal pretensions to support a frame of government productive of human happiness.

The foundation of every government is some principle or passion in the minds of the people. The noblest principles and most generous affections in our nature then, have the fairest chance to support the noblest and most generous models of government.

A man must be indifferent to the sneers of modern Englishmen to mention in their company the names of Sidney, Harrington, Locke, Milton, Nedham, Neville, Burnet, and Hoadley. No small fortitude is necessary to confess that one has read them. The wretched condition of this country, however, for ten or fifteen years past, has frequently reminded me of their principles and reasonings. They will convince any candid mind, that there is no good government but what is Republican. That the only valuable part of the British constitution is so; because the very definition of a Republic, is “an Empire of Laws, and not of men.” That, as a Republic is the best of governments, so that particular arrangement of the powers of society, or in other words that form of government, which is best contrived to secure an impartial and exact execution of the laws, is the best of Republics.

Of Republics, there is an inexhaustable variety, because the possible combinations of the powers of society, are capable of innumerable variations.

As good government, is an empire of laws, how shall your laws be made? In a large society, inhabiting an extensive country, it is impossible that the whole should assemble, to make laws: The first necessary step then, is, to depute power from the many, to a few of the most wise and good. But by what rules shall you chuse your Representatives? Agree upon the number and qualifications of persons, who shall have the benefit of choosing, or annex this priviledge to the inhabitants of a certain extent of ground.

The principal difficulty lies, and the greatest care should be employed in constituting this Representative Assembly. It should be in miniature, an exact portrait of the people at large. It should think, feel, reason, and act like them. That it may be the interest of this Assembly to do strict justice at all times, it should be an equal representation, or in other words equal interest among the people should 88have equal interest in it. Great care should be taken to effect this, and to prevent unfair, partial, and corrupt elections. Such regulations, however, may be better made in times of greater tranquility than the present, and they will spring up of themselves naturally, when all the powers of government come to be in the hands of the people's friends. At present it will be safest to proceed in all established modes to which the people have been familiarised by habit.

A representation of the people in one assembly being obtained, a question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly. My reasons for this opinion are as follow.

1. A single Assembly is liable to all the vices, follies and frailties of an individual. Subject to fits of humour, starts of passion, flights of enthusiasm, partialities of prejudice, and consequently productive of hasty results and absurd judgments: And all these errors ought to be corrected and defects supplied by some controuling power.

2. A single Assembly is apt to be avaricious, and in time will not scruple to exempt itself from burthens which it will lay, without compunction, on its constituents.

3. A single Assembly is apt to grow ambitious, and after a time will not hesitate to vote itself perpetual. This was one fault of the long parliament, but more remarkably of Holland, whose Assembly first voted themselves from annual to septennial, then for life, and after a course of years, that all vacancies happening by death, or otherwise, should be filled by themselves, without any application to constituents at all.

4. A Representative Assembly, altho' extremely well qualified, and absolutely necessary as a branch of the legislature, is unfit to exercise the executive power, for want of two essential properties, secrecy and dispatch.

5. A Representative Assembly is still less qualified for the judicial power; because it is too numerous, too slow, and too little skilled in the laws.

6. Because a single Assembly, possessed of all the powers of government, would make arbitrary laws for their own interest, execute all laws arbitrarily for their own interest, and adjudge all controversies in their own favour.

But shall the whole power of legislation rest in one Assembly? Most of the foregoing reasons apply equally to prove that the legislative power ought to be more complex—to which we may add, that if 89the legislative power is wholly in one Assembly, and the executive in another, or in a single person, these two powers will oppose and enervate upon each other, until the contest shall end in war, and the whole power, legislative and executive, be usurped by the strongest.

The judicial power, in such case, could not mediate, or hold the balance between the two contending powers, because the legislative would undermine it. And this shews the necessity too, of giving the executive power a negative upon the legislative, otherwise this will be continually encroaching upon that.

To avoid these dangers let a distant1 Assembly be constituted, as a mediator between the two extreme branches of the legislature, that which represents the people and that which is vested with the executive power.

Let the Representative Assembly then elect by ballot, from among themselves or their constituents, or both, a distinct Assembly, which for the sake of perspicuity we will call a Council. It may consist of any number you please, say twenty or thirty, and should have a free and independent exercise of its judgment, and consequently a negative voice in the legislature.

These two bodies thus constituted, and made integral parts of the legislature, let them unite, and by joint ballot choose a Governor, who, after being stripped of most of those badges of domination called prerogatives, should have a free and independent exercise of his judgment, and be made also an integral part of the legislature. This I know is liable to objections, and if you please you may make him only President of the Council, as in Connecticut: But as the Governor is to be invested with the executive power, with consent of Council, I think he ought to have a negative upon the legislative. If he is annually elective, as he ought to be, he will always have so much reverence and affection for the People, their Representatives and Councillors, that although you give him an independent exercise of his judgment, he will seldom use it in opposition to the two Houses, except in cases the public utility of which would be conspicuous, and some such cases would happen.

In the present exigency of American affairs, when by an act of Parliament we are put out of the royal protection, and consequently discharged from our allegiance; and it has become necessary to assume government for our immediate security, the Governor, Lieutenant-Governor, Secretary, Treasurer, Commissary, Attorney-General, should be chosen by joint Ballot, of both Houses. And these and all other elections, especially of Representatives, and Councillors, should 90be annual, there not being in the whole circle of the sciences, a maxim more infallible than this, “Where annual elections end, there slavery begins.”

These great men, in this respect, should be, once a year “Like bubbles on the sea of matter borne, They rise, they break, and to that sea return.” This will teach them the great political virtues of humility, patience, and moderation, without which every man in power becomes a ravenous beast of prey.

This mode of constituting the great offices of state will answer very well for the present, but if, by experiment, it should be found inconvenient, the legislature may at its leisure devise other methods of creating them, by elections of the people at large, as in Connecticut, or it may enlarge the term for which they shall be chosen to seven years, or three years, or for life, or make any other alterations which the society shall find productive of its ease, its safety, its freedom, or in one word, its happiness.

A rotation of all offices, as well as of Representatives and Councillors, has many advocates, and is contended for with many plausible arguments. It would be attended no doubt with many advantages, and if the society has a sufficient number of suitable characters to supply the great number of vacancies which would be made by such a rotation, I can see no objection to it. These persons may be allowed to serve for three years, and then excluded three years, or for any longer or shorter term.

Any seven or nine of the legislative Council may be made a Quorum, for doing business as a Privy Council, to advise the Governor in the exercise of the executive branch of power, and in all acts of state.

The Governor should have the command of the militia, and of all your armies. The power of pardons should be with the Governor and Council.

Judges, Justices and all other officers, civil and military, should be nominated and appointed by the Governor, with the advice and consent of Council, unless you choose to have a government more popular; if you do, all officers, civil and military, may be chosen by joint ballot of both Houses, or in order to preserve the independence and importance of each House, by ballot of one House, concurred by the other. Sheriffs should be chosen by the freeholders of counties—so should Registers of Deeds and Clerks of Counties.2

All officers should have commissions, under the hand of the Governor and seal of the Colony.

The dignity and stability of government in all its branches, the morals of the people and every blessing of society, depends so much upon an upright and skillful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that. The Judges therefore should always be men of learning and experience in the laws, of exemplary morals, great patience, calmness, coolness and attention. Their minds should not be distracted with jarring interests; they should not be dependant upon any man or body of men. To these ends they should hold estates for life in their offices, or in other words their commissions should be during good behaviour, and their salaries ascertained and established by law. For misbehaviour the grand inquest of the Colony, the House of Representatives, should impeach them before the Governor and Council, where they should have time and opportunity to make their defence, but if convicted should be removed from their offices, and subjected to such other punishment as shall be thought proper.

A Militia Law requiring all men, or with very few exceptions, besides cases of conscience, to be provided with arms and ammunition, to be trained at certain seasons, and requiring counties, towns, or other small districts to be provided with public stocks of ammunition and entrenching utensils, and with some settled plans for transporting provisions after the militia, when marched to defend their country against sudden invasions, and requiring certain districts to be provided with field-pieces, companies of matrosses and perhaps some regiments of light horse, is always a wise institution, and in the present circumstances of our country indispensible.

Laws for the liberal education of youth, especially of the lower class of people, are so extremely wise and useful, that to a humane and generous mind, no expence for this purpose would be thought extravagant.3

The very mention of sumptuary laws will excite a smile. Whether our countrymen have wisdom and virtue enough to submit to them I know not. But the happiness of the people might be greatly promoted by them, and a revenue saved sufficient to carry on this war forever. Frugality is a great revenue, besides curing us of vanities, levities and fopperies which are real antidotes to all great, manly and warlike virtues.

But must not all commissions run in the name of a king? No. Why may they not as well run thus, “The Colony of to A. B. greeting,” and be tested by the Governor?

Why may not writs, instead of running in the name of a King, run thus, “The Colony of to the Sheriff, &c.” and be tested by the Chief Justice.

Why may not indictments conclude, “against the peace of the Colony of and the dignity of the same?”

A Constitution, founded on these principles, introduces knowledge among the People, and inspires them with a conscious dignity, becoming Freemen. A general emulation takes place, which causes good humour, sociability, good manners, and good morals to be general. That elevation of sentiment, inspired by such a government, makes the common people brave and enterprizing. That ambition which is inspired by it makes them sober, industrious and frugal. You will find among them some elegance, perhaps, but more solidity; a little pleasure, but a great deal of business—some politeness, but more civility. If you compare such a country with the regions of domination, whether Monarchial or Aristocratical, you will fancy yourself in Arcadia or Elisium.

If the Colonies should assume governments separately, they should be left entirely to their own choice of the forms, and if a Continental Constitution should be formed, it should be a Congress, containing a fair and adequate Representation of the Colonies, and its authority should sacredly be confined to these cases, viz. war, trade, disputes between Colony and Colony, the Post-Office, and the unappropriated lands of the Crown, as they used to be called.

These Colonies, under such forms of government, and in such a union, would be unconquerable by all the Monarchies of Europe.

You and I, my dear Friend, have been sent into life, at a time when the greatest law-givers of antiquity would have wished to have lived. How few of the human race have ever enjoyed an opportunity of making an election of government more than of air, soil, or climate, for themselves or their children. When! Before the present epocha, had three millions of people full power and a fair opportunity to form and establish the wisest and happiest government that human wisdom can contrive? I hope you will avail yourself and your country of that extensive learning and indefatigable industry which you possess, to assist her in the formations of the happiest governments, and the best character of a great People. For myself, I must beg you to keep my name out of sight, for this feeble attempt, if it should be 93known to be mine, would oblige me to apply to myself those lines of the immortal John Milton, in one of his sonnets,