constitution, and secure the freedom and happiness of the people better than any other.
The Governor will have dignity to command necessary respect and authority, to enable him to execute the laws, without being deterred by the fear of giving offence, and yet be amenable to the other branches of the legislature for every violation of the rights of the people. If this great officer was exposed to the uncertain issue of frequent elections, he would be induced to relax and abate the vigorous execution of the laws whenever such conduct would increase his popularity. Should he, by discharging his duty with impartiality give offence to men of weight and influence, he would be liable to all the opposition, threats, and insults which resentment could suggest; and which few men in such a dependent state would have sufficient resolution to neglect and dispise. Hence it would follow, that the apprehensions of losing his election would frequently induce him to court the favour of the great, at the expense of the duties of his station and the public good. For these, and a variety of other reasons, this office should be held during good behaviour.
The Council of State who are to constitute the second branch of the legislature should be for life. They ought to be well informed of the policy and laws of other states, and therefore should be induced by the permanence of their appointment to devote their time to such studies as may best qualify them for that station. They will acquire firmness from their independency, and wisdom from their reflection and experience, and appropriate both to the good of the state. Upon any disagreement between the Governor and lower house, this body will mediate and adjust such difference, will investigate the propriety of laws, and often propose such as may be of public utility for the adoption of the legislature. Being secluded from offices of profit, they will not be seduced from their duty by pecuniary considerations.
The Representatives of the people will be under no temptation to swerve from the design of their institution by bribery or corruption; all lucrative posts being denied them. And should they on any occasion be influenced by improper motives, the short period of their duration will give their constituents an opportunity of depriving them of power to do injury. The Governor and the members of the Council of State, should be restrained from intermeddling farther in the elections of Representatives, than merely by giving their votes.
The internal government and police of the Colony being thus provided for, the next object of inquiry that presents itself is, how a superintending power over the whole Continent shall be raised, and with what powers invested. Such a power is confessed on all hands to be necessary, as well for the purpose of connecting the Colonies, as for the establishment of many general regulations to which the provincial legislatures will not be competent.
Let a Congress therefore be appointed, composed of members from each Colony in proportion to their number of souls; to convene at any place that may be agreed upon, as often as occasion may require. Let them have power to adjust disputes between Colonies, regulate the affairs of trade, war, peace, alliances, &c. but they should by no means have authority to interfere with the internal police or domestic concerns of any Colony, but confined strictly to such general regulations, as tho’ necessary for the good of the whole, cannot be established by any other power.
But whether you settle the affairs of government in this, or any other manner, let me recommend to your serious attention the speedy adjustment of all disputes about the boundaries of your Colony, before they rise to such a height as to threaten great uneasiness and inquietude.
The claim of the Proprietors of Indiana on one side, and that of Kantuckee, on the other, should be fairly and impartially heard and determined, and notice given to the claimants to attend, that ample justice may be done. In the mean time, would it not be proper to give notice, that none of those lands should be sold or settled, until it was known to whom they appertain. The claims of the Indiana Company are stated in a pamphlet, (sent for your perusal) and patronized by the opinions of some eminent lawyers. But this should not prevent a strict and thorough investigation of the matter. Both claims, it is certain, cannot be good. If the treaty of Stanwix should be adjudged valid and the right given up to the country of Indiana, that same treaty will confirm to the Colony on the lands on this side the Ohio from its mouth, along the river, up to the Pennsylvania lands in the direction of the place called Kittaniny in that province. In which bounds are included the lands claimed and settled by Mr. Henderson.
Our colonial right to those lands being settled, would it not be proper to sell all such as may be unappropriated for the use of the Colony, and apply the monies to the payment of the vast burden of taxes we shall have to incur by this war? The sooner you determine this, the more effectually you will frustrate the design avowed by the author of a late pamphlet, of seizing all unappropriated lands for the use of the Continent; a design, in which, I own, I see as few traces of justice, as in many other of his schemes.
Having compleated the remarks I intended to make, I hope, whatever reception they may meet with, you will impute them to my zeal for our country’s welfare; the only motive that ever shall induce me to offer my opinion or advice.
I am, Gentlemen, With the greatest regard, Your devoted Friend, A NATIVE
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