To John Jay from Gouverneur Morris, 30 June 1775
From Gouverneur Morris
[N York 30th. June 1775—]
My Dear Sir
Our House are about to send you their Plan of Accomodation and I think myself bound to say Something on the Subject for Reasons you will presently see the second third fourth sixth and seventh ^& eighth^ Articles form a short Plan which I drew in the Committee excepting that in the eighth the word Assemblies in the third Line was altered to Colonies.1 The first Article was moved debated altered amended and finally left as it is in the Committee so was the fifth the ninth foolish Religious Business I opposed untill I was weary it was carried with by a very small Majority and my Dissent entered2 the tenth I did not like but however it is in and the Resolution I moved and it was unanimously carried.3 I forgot to mention that the second article as I drew it stood thus: “That from the Necessity of the Case Britain ought to regulate the Trade of the whole Empire”—4 now then my Reasons on this Occasion
are these the Article for triennial Assemblies the first Article in the gross as it stands and what relates to the Security of our own Legislature I think may work a Rejection of the Plan at Home Particularly the last may raise an Idea that Britain has some Right to the Power of altering Colony Constitutions which is in American Politicks a most damnable Position—The Article about Religion is most arrant Nonsense and would do as well in a high Dutch Bible as the Place it now stands in. Our Letter to you on this Subject which tho drawn by myself was unanimously and literally assented to will shew you how strongly we are of opinion that the Dispute ought to be simplified and every reasonable Man will be of Opinion that provided our essential Rights be secured on solid Foundations we may safely permit the British Parliament to use big sounding Words—
I drew a long Report for our Committee to which they could make no Objections excepting that none of them could understand it one or two excepted they who attacked it by Piece Meal but were afraid of the Principles because they could not meet them and the Mob of us were fearful of extensive Novelties if I have Time I will send you a Copy. But I was pleased at the Rejection because as I observed to you before I think the Question ought to be simplified—I address this Letter to you but I shall be glad you will read it to Livingston5 for I intend it for both of you. make my Compliments to him and tell him that I shall write to him when I have Leisure to write a good Letter this is a damn’d bad one and would not exist if I did not think it a Duty to myself to shew my friends that I had no Hand in that foolish religious Business—I am as you well know your Friend
Gouv Morris
ALS, NNC (EJ: 6956). Addressed: “To/John Jay Esqr./Philadelphia.” Endorsed: “. . . abt. Plan of Reconciliation &c—/answ.” JJ’s reply has not been found.
1. Morris, one of Westchester County’s representatives in the New York Provincial Congress, was a member of the committee that reported the draft plan of accommodation to the provincial congress on 24 June 1775. As printed in , 1: 58, the final version of the plan is divided into eight paragraphs followed by the explanatory resolution. The five articles to which Morris refers constitute the second, third, fifth, and sixth paragraphs as published in . This section provided that, “from the necessity of the case,” Parliament should be granted the right to regulate imperial trade, while directing that trade duties be paid into the treasuries of individual colonies. These paragraphs went on to avow the colonies’ willingness to support civil government in the provinces and to “assist in the general defence of the Empire.” The concluding articles suggested that the grants of such “general aids” from the colonies should be coordinated by a Continental Congress in consultation with a “President appointed by the Crown.” This final provision, in article 8, had originally described “a Continental Congress deputed from the several Assemblies”; the Congress voted to substitute “Colonies” for “Assemblies” in this phrase. Ibid., 1: 53.
2. The first article of the plan called for the repeal of the parliamentary statutes cited in the Continental Association of October 1774, as well as of any later statutes “restraining the trade and fishery of Colonies on this Continent.” The fifth article (the fourth paragraph in the version printed in ) called for the triennial election of provincial legislatures.
The draft plan submitted by the committee on 24 June contained no article on religion. Melancton Smith (1724–98) of Dutchess County proposed an addition, declaring: “And as the free enjoyment of the rights of conscience is of all others the most valuable branch of human liberty, and the indulgence and establishment of Popery all along the interior confines of the old Protestant Colonies tends not only to obstruct their growth, but to weaken their security; all concerns of a religious and ecclesiastical nature, so far as they may be under the cognizance and controul of civil authority, ought to remain exclusively with the respective Colony Legislatures as the most inestimable object of their internal police.” The Congress approved Thomas Smith’s suggestion that all of this article after “their security” be struck out and substituted Smith’s addition: “That the Parliament of Great Britain cannot constitutionally or of right interfere or interpose in any wise howsoever in the religious and ecclesiastical concerns of the Colonies.” Morris then proposed amendments that gave the second clause of the religious article its final wording: “that neither the Parliament of Great Britain, or any other earthly legislature or tribunal, ought or can interfere or interpose in any wise howsoever, in the religious and ecclesiastical concerns of the Colonies.” The final text was adopted by a vote of 18 to 9, with Morris’s dissent from the vote of Westchester County entered on the record. Ibid., 1: 53–54, 58.
In the postscript (in JJ’s hand) to their reply of 6 July to the New York’s convention’s letter to them of 29 June, the New York delegates asserted:
We have unanimously agreed to be silent on that article in the plan of accommodation which asserts, “That no earthly legislature or tribunal ought or can of Right interfere or interpose in any wise howsoever in the religious and ecclesiastical Concerns of the Colonies.” As the Inhabitants of the Continent are happily united in a political Creed, we are of opinion that it would be highly imprudent to run the Risque of dividing them by the Introduction of Disputes foreign to the present Controversey; especially as the Discussion of them can be attended with no one single advantage. They are Points about which Mankind will forever differ and therefore should always, and at least in Times like these be kept out of Sight. We are the more confirmed in these Sentiments by this Circumstance. That both this & the former Congress have cautiously avoided the least Hint on Subjects of this Kind, all the Members concurring in a Desire of burrying all Disputes on ecclesiastical Points which have for Ages had no other Tendency than that of banishing Peace & Charity from the World. (, 1: 596–97)
3. The tenth article (paragraph 8 as published in ) was introduced by John Morin Scott on 27 June. It declared: “That the Colonies, respectively, are entitled to a free and exclusive power of legislation within themselves respectively, in all cases of internal polity whatsoever, subject only to the negative of their Sovereign in such manner as has been heretofore accustomed.” The explanatory resolution is that quoted above, New York Provincial Congress to the New York Delegates to the Continental Congress, 29 June 1775, n. 2. , 1: 58.
4. On 27 June, the provincial congress adopted John Morin Scott’s proposed addition to Morris’s original proviso on imperial taxation: “For the general benefit of the whole, and not for the separate interest of any particular part.” Ibid.
5. Two members of the Livingston family, Philip and Robert R. Jr., served in the New York delegation to the Continental Congress in June 1775. This reference is to Robert R. Livingston Jr., a close friend also of Morris.