History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The relations of the country with the Indian tribes and nations were
deemed to be properly within the exclusive jurisdiction of the Congress.
Three departments of Indian Affairs, Northern, Southern, and Middle,
with separate commissioners for each, were therefore established in
July, having power to treat with the Indians in the name and on behalf
of the United Colonies.[43] Negotiations and treaties were entered into
by these departments, and all affairs with the Indians were conducted by
them, under the direction and authority of the Congress.[44]
With regard to those inhabitants of the country who adhered to the
royalist side of the controversy, the Congress of 1775-6 did not assume
and exercise directly the powers of arrest or restraint, but left the
exercise of such powers to the provincial assemblies, or conventions,
and committees of safety, in the respective colonies, with
recommendations from time to time as to the mode in which such powers
ought to be exercised.[45]
Besides all this, the different applications made to the Congress by the
people of Massachusetts,[46] of New Hampshire,[47] of Virginia,[48] and
of South Carolina, concerning the proper exercise of the powers of
government in those colonies, and the answers to those applications,
furnish very important illustrations of the position in which the
Congress were placed. To the people of Massachusetts, they declared
that no obedience was due to the act of Parliament for altering their
charter, and that, as the Governor and Lieutenant-Governor would not
observe the directions of that instrument, but had endeavored to subvert
it, their offices ought to be considered vacant; and, as the Council was
actually vacant, in order to conform as near as might be to the spirit
and substance of the charter, they recommended to the Provincial
Convention to write letters to the inhabitants of the several towns
entitled to representation in the Assembly, requesting them to choose
representatives, and requesting the Assembly when chosen to elect
councillors; adding their wish, that these bodies should exercise the
powers of government until a Governor of the King's appointment would
consent to govern the colony according to its charter.[49] The
Provincial Conventions of New Hampshire, Virginia, and South Carolina
were advised to call a full and free representation of the people, in
order to establish such a form of government as, in their judgment,
would best promote the happiness of the people and most effectually
secure peace and good order in their Provinces, during the continuance
of the dispute with Great Britain.[50] This advice manifestly
contemplated the establishment of provisional governments only.
Public-domain text, read in full here on John Shaqi.
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