that the duty of returning fugitives from slavery devolved, according to the intent of the Constitution, not on Congress, but on the States, Mason asked him whether he would lend support to enactments by the States to carry out the Constitutional guaranty. To this inquiry, Mr. Sumner could only return an answer as evasive as it was irritating. Later, as we have just seen, we find him rushing to the extreme that the Constitution in this part of it does not refer to slaves. When one observes to what tergiversation men like Mr. Sumner were driven in their attempts to make the demands of the Organic Law harmonize with their ethical feeling, one cannot but regard with tolerance the old Constitutional lawyers, like Webster, who felt obliged to adhere to what they were compelled to acknowledge to be the only tenable interpretation of the instrument which they were sworn to maintain.

Some of our readers may find in the foregoing observations a less amount of praise and a larger admixture of criticism than the title of this article had led them to expect. It reflects a certain divided feeling, a feeling composed of opposite ingredients, which corresponds to the impression made upon the author by Mr. Sumner while he was living, and by the memorials of his character and career. One of the most impressive proofs of his worth is to be drawn from testimonies of men of great excellence who knew him well. One of these tributes is contained in a letter of Mr. Motley which was written soon after Mr. Sumner's death. Another is contained in the words of Judge Rockwell Hoar which were spoken just as Mr. Sumner breathed his last, and in these words uttered by the same impartial witness, the next day, in the House of Representatives: "There are many of us who have known and loved the great Senator, whom this event unfits for public duties, or for any thoughts other than those of that pure life, that faithful public service, that assured immortality."

GEORGE P. FISHER.

Yale University.

THE HISTORIC POLICY OF THE UNITED STATES

TH

AS TO ANNEXATION.

HE United States, according to President Lincoln, was "formed in fact by the Articles of Association in 1774." But the self-styled "Continental Congress," which framed those Articles, represented and claimed to represent but a small portion of the American continent. The eleven colonies, whose delegates met at Carpenters Hall, October 20th, 1774, and those of the three counties of Delaware who sat with them on equal terms, though really a part of the proprietary government of Pennsylvania, were in actual possession of but a narrow strip of territory on the Atlantic seaboard, running back no farther than the line of the Alleghanies. To the southward lay Georgia, East Florida, West Florida and Louisiana; to the northward Nova Scotia, and Canada; and on their western frontiers Parliament had recently put the boundary of the new Province of Quebec.

It was the hope of Congress that their ranks might be swelled by the accession of all the British colonies or provinces on our continent. On October 26th a stirring appeal to unite in the Articles of Association, adopted two days before, was addressed to the inhabitants of Quebec. "We defy you," wrote Congress, "casting your view upon every side, to discover a single circumstance, promising from any quarter the faintest hope of liberty to you or your posterity, but from an entire adoption into the Union of these colonies." What, it was urged, would your great countryman, Montesquieu, say to you, were he living to-day? Would not this be the purport of his address? "Seize the opportunity presented to you by Providence itself. You have been conquered into liberty, if you act as you ought. This work is not of man. You are a small people, compared to those who with open arms invite you into a fellowship. A moment's reflection should convince you which will be

most for your interest and happiness, to have all the rest of North America your unalterable friends, or your inveterate enemies. The injuries of Boston have roused and associated every colony from Nova Scotia to Georgia. Your province is the only link wanting to complete the bright and strong chain of union. Nature has joined your country to theirs. Do you join your political interests." "We are too well acquainted with the liberality of sentiment distinguishing your nation to imagine that difference of religion will prejudice you against a hearty amity with us. You know that the transcendent nature of freedom elevates those who unite in her cause above all such low minded infirmities."1

The address concluded with the recommendation that they should choose a Provincial Congress, which might send delegates to the next Continental Congress to be held at Philadelphia in May, 1775, and formally accede to the existing confederation, so that in resisting future aggressions they might rely no longer on the small influence of a single province, "but on the consolidated powers of North America."

The Annual Register for 1775 truly says that "of all the papers published by the American Congress, their address to the French inhabitants of Canada discovered the most dextrous management, and the most able method of application to the temper and passions of the parties whom they endeavored to gain."'

A correspondence with Canadian patriots was also begun by the Massachusetts committee of safety, and Samuel Adams was particularly earnest in his efforts to gain their support.

In May, 1775, another address to the inhabitants of Canada was adopted by Congress, from the pen of Jay. It declared that "the fate of the Protestant and Catholic colonies was strongly linked together," and that Congress yet entertained hopes of a union with them in the defence of their common liberty."

1

1 Journal of Congress, 64.

3 Journal of Congress, 109.

2 History of Europe, 32.

During the session of this Congress, an address from the inhabitants of several parishes in Bermuda was received, and a Canadian once appeared upon the floor. In November, the inhabitants of a district in Nova Scotia, which had elected a committee of safety, applied for admission into "the Association of the United Colonies.""

The proceedings of this Congress have come down to us in a very unsatisfactory state, owing to the fact that it was not deemed safe to print in the official journals all that was done. After forty years, a large part of what was originally suppressed was published by the government, under the style of the Secret Journals of Congress, but no attempt was made to combine the two records or to supply an index to the whole.

In July, 1775, Dr. Franklin brought forward a plan which had apparently been drawn up for submission in May, for "Articles of Confederation and Perpetual Union" between "the United Colonies of North America." They provided for the accession of all the other British Colonies on the Continent, that is, Quebec, St. John's, Nova Scotia, East and West Florida, and the Bermuda Islands. Notwithstanding the care taken to suppress this proceeding, a copy of the paper got across the ocean and was printed in full in the Annual Register for 1775.

3

In the latter part of this year, Congress despatched agents to Canada and others to Nova Scotia to inquire particularly into the disposition of their inhabitants respecting a union of interests with the more Southern Colonies. The Assembly of Jamaica had sent in a memorial to the King in Council, which, while disclaiming any thought of forcible resistance, set up the claims of their inhabitants to self government in language nearly as strong as that used by the Continental Congress. The latter body responded in an address to the Assembly of Jamaica, thanking them for their sympathy, and saying that, while "the peculiar situation of your island forbids your assistance," they were glad at least to have their good wishes.

' Journal of Congress, 230, 244. State Papers, 252.

2 Secret Journals of Congress, 1, 283.

4 Ann. Reg. for 1775; Hist. of Europe, 101.

Soon afterwards three commissioners were appointed to repair to the Northern frontier, and endeavor "to induce the Canadians to accede to a union with these Colonies" and to send delegates to Congress.' The commissioners were authorized to pledge them "the free enjoyment of their religion," and to raise, if possible, a Canadian regiment for the Continental army.

2

A few men did enlist, and such accessions were received from time to time that at last a Canadian regiment was organized and officered, and a second one projected.'

Early in 1776 another set of commissioners, headed by Franklin, were dispatched directly to Canada on a similar errand, bearing addresses from Congress, which were printed in French and English, and circulated extensively among the people. The instructions of the commissioners were to assure the Canadians that their interests and ours were inseparably united, and to urge them to join us as a "sister colony."

No impression seemed to be made by the addresses, and it was soon discovered that quite an adequate reason existed in the fact that not one out of five hundred of the population could read. Dr. Franklin, on his return, said that if it were ever thought best to send another mission, it should be one composed of schoolmasters. With a few of the leaders there, Franklin had better success, and during a fortnight something like a provisional government was set up, under his auspices, which, however, melted into thin air on the approach of British troops.'

In June, 1776, Congress sent two ships to the Bermudas, with provisions, to relieve the distress caused by our nonimportation association, and with directions to inquire into the disposition of the inhabitants, respecting a union of interests with ours."

1 Washington strongly urged this course, in his letters from camp. Writings Sparks' Ed. iii, 173.

2 Journal of Congress, 242.

3 Writings of Washington, Sparks' Ed., iv, 267.

4 Secret Journals of Congress, 42.

6 Secret Journals of Congress, 46.

5 Journals of Congress, 305.