less than two would not be convenient, as a single person, being by any accident prevented appearing at the meeting, the colony he ought to appear for 'would not be represented. That as the choice was not immediately popular, they would be generally men of good abilities for business, and men of reputation for integrity; and that forty-eight such men might be a number sufficient. But, though it was thought reasonable, that each colony should have a share in the representative body in some degree, according to the proportion it contributed to the general treasury: yet the proportion of wealth or power of the colonies is not to be judged by the proportion here fixed; because it was at first agreed, that the greatest colony should not have more than seven members, nor the least less than two: and the settling these proportions between these two extremes was not nicely attended to, as it would find itself, after the first election from the sums brought into the treasury, as by a subsequent article.

PLACE OF FIRST MEETING.

-who shall meet for the first time at the city of Philadelphia in Pennsylvania, being called by the president-general as soon as conveniently may be after his appointment.

Philadelphia was named as being the nearer the centre of the colonies, where the commissioners would be well and cheaply accommodated. The high-roads, through the whole extent, are for the most part very good, in which forty or fifty miles a day may very well be and frequently are travelled. Great part of the way may likewise be gone by water. In summer time, the passages are frequently performed in a week from Charles Town to Philadelphia and New York; and from Rhode Island to New York through the sound, in two or three days; and from New York to Philadelphia, by water and land, in two days, by stage boats and wheel-carriages that set out every other day. The journey from Charles Town to Philadelphia may likewise be facilitated by boats running up Chesapeak Bay three hundred miles. But if the whole journey be performed on horseback, the most distant members (viz. the two from New Hampshire and from South Carolina) may probably render themselves at Philadelphia in fifteen or twenty days; the majority may be there in much less time.

NEW ELECTION.

That there shall be a new election of the members of the grand council every three years; and on the death or resignation of any member, his place shall be supplied by a new choice at the next sitting of the assembly of the colony he represented.

Some colonies have annual assemblies, some continue during a governor's pleasure; three years was thought a reasonable medium, as affording a new member time to improve himself in the business, and to act after such improvement; and yet giving opportunities, frequent enough, to change him, if he has misbehaved.

PROPORTION OF MEMBERS AFTER THE FIRST THREE YEARS.

That after the first three years, when the proportion of money arising out of each colony to the general treasury can be known, the number of members to be chosen for each colony shall, from time to time, in all ensuing elections, be regulated by that proportion (yet so as that the number to be chosen by any one province be not more than seven, nor less than two).

By a subsequent article it is proposed, that the general council shall lay and levy such general duties, as to them may appear most equal and least burthensome, &c. Suppose, for instance, they lay a small duty or excise on some commodity imported into or made in the colonies, and pretty generally and equally used in all of them; as rum perhaps, or wine: the yearly produce of this duty or excise, if fairly collected, would be in some colonies greater, in others less, as the colonies are greater or smaller. When the collector's accounts are brought in, the proportions will appear; and from them it is proposed to regulate the proportion of representatives to be chosen at the next general election, within the limits however of seven and two. These numbers may therefore vary in course of years, as the colonies may in the growth and increase of people. And thus the quota of tax from each colony would naturally vary with its circumstances; thereby preventing all disputes and dissatisfactions, about the just proportions due from each; which might otherwise produce pernicious consequences, and destroy the harmony and good agreement that ought to subsist between the several parts of the union.

VOL. III.

B

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 journeys to little purpose, the consent of seven at least to such call was supposed a convenient guard.

CONTINUANCE.

That the grand council have power to choose their speaker; and shall neither be dissolved, prorogued, nor continued sitting longer than six weeks at one time, without their own consent or the special command of the crown.

The speaker should be presented for approbation; it being convenient, to prevent misunderstandings and disgusts, that the mouth of the council should be person agreeable, if possible, both to the council and president general. Governors have sometimes wantonly exercised the power of proroguing or continuing the sessions of assemblies, merely to harass the members and compel a compliance; and sometimes dissolve them on slight disgusts. This it was feared might be done by the president general, if not provided against:

and the inconvenience and hardship would be greater in the general government than in particular colonies, in proportion to the distance the members must be from home, during sittings, and the long journies some of them must necessarily take.

MEMBER'S 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 president general, 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 neighboring 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 treaParticular colonies are so interested 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.

sure.

INDIAN PURCHASES.

That they make all purchases, from Indians for the crown, of lands not now within the bounds of particular colonies, or that shall not be within their bounds when some of them are reduced to more convenient dimensions.

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.'

' Mr. Baron Maseres, in page 200 of his Account of the Proceedings at Quebec, for obtaining an Assembly, has the following hint: "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