To John Jay from James Duane, 18 May 1776
From James Duane
[Philad. 18 May 1776]
I wrote you, my dear Sir, a hasty Scrawl by the post on a most important Subject—you know the Maryland Instructions and those of Pensylvania—1 I am greatly in doubt whether either of their Assemblies or Conventions will listen to a Recommendation the preamble of which so openly avows Independence & Seperation—The lower Counties2 will probably adhere to Pensylvania—New Jersey you can form a good Judgment of from the Reception this important Resolution has met with.3 The orators of Virginia with Col. Henry at their Head are against a Change of Government; the Body of the People, Col. Nelson, on whose Authority you have this Hint, thinks are for it.4 The late Gen. Election of Deputies for the Convention of New York sufficiently proves that those who assumed a Controling power & gave Laws even to the Convention & Committees were unsupported by the people.5 There seems therefore no Reason that our Colony shou’d be too precipitate in changing the present mode of Government. I woud wish first to be well assured of the Opinions of the Inhabitants at large—Let them be rather followed than driven on an Occasion of such momentious Concern; But, above all, let us see the Conduct of the Middle Colonies before we come to a Decision: It cannot injure us to wait a few weeks: the Advantage will be great for this trying Question will clearly discover the true principles & the Extent of
the union of the Colonies—This, my dear Sir, is a delicate Subject on which I cannot enlarge at present—If I coud be relieved I woud immediately set out and give you a meeting—pray hasten the Return of one of the Gentlemen. I know you ought to be at the Convention who are too uninformed of the State and Temper of their Neighbours, & want, at least in this Respect, some Assistance.
I am pleasd with the Situation Mr. Livingston has found for your Saturday’s Retreat on the Banks of the Shemmony—6 Nothing coud have been more convenient—present my Compliments to Mrs. Jay and believe me to be with great Regard Dr Sir, Your Affectionate & most Obedt Servt
Jas. Duane
1. In January 1776, Maryland’s provincial convention instructed the colony’s delegates to Congress to work toward the original goals for which the provinces had united, “the redress of American grievances, and securing the rights of the Colonists.” It explicitly instructed the delegates to vote against any resolution declaring the colonies independent or forming any foreign alliance or confederation that might lead to a separation from England, unless such actions were “absolutely necessary for the preservation of the liberties of the United Colonies.” Further, it ordered the delegates to call the Maryland Convention should such resolutions pass Congress and to present them to the convention for its consideration; only with the convention’s assent would Maryland consider itself bound by any measures for independence adopted by Congress. , 4: 653–54.
The Pennsylvania Assembly drew up similar instructions for that province’s delegates to Congress in November 1775. It enjoined Pennsylvania’s congressmen to “dissent from and utterly reject any propositions, should such be made, that may cause or lead to a separation from our Mother Country, or a change of the form of this Government.” , 3: 1793.
2. Delaware.
3. The congressional resolutions of 10 May 1776, published on 15 May with a preamble of that date.
4. Patrick Henry (1736–99) served in the First Continental Congress and had been a Virginia delegate to the Second Continental Congress until the end of July 1775, when he returned to his home province, where he commanded the Virginia militia. Thomas Nelson (1738–89) represented Virginia in the Congress, September 1775–February 1776. Both Henry and Nelson were members of the Virginia Convention, which met at Williamsburg 6 May 1776. On 15 May the convention voted to instruct the province’s delegates in Congress “to propose to that respectable body to declare the United Colonies free and independent States” and appointed a committee to prepare a “plan of Government” for the colony. , 6: 1509, 1524.
5. The elections for the Third New York Provincial Congress in April 1776 represented far more widespread political participation than had been seen in the polls for the earlier provincial congresses. For the first time, all 14 counties in the colony elected representatives, and 101 delegates were chosen, 21 more than had been sent to the Second New York Congress. Thirty-two members of the Second Congress failed to be reelected to the Third Congress, and Carl Becker detected a “probable . . . conservative victory” in the polling of April 1776. , 258–60.
6. Neshaminy Creek flows into the Delaware River just south of Bristol, Pa.