several Counties, agreeable to the power they are already invested with, do immediately call a Convention to take charge of the affairs of the province, for we cannot conceive how the House of Assembly can any longer presume to sit, without either breaking through the resolve of Congress, or assuming to themselves arbitrary power. And we do [4] farther propose, that this Convention, when met, so issue out summonses for electing by ballot (of all the freemen throughout the province, including those Germans, or others, who were before disqualified for not having taken oaths of allegiance to our enemy, but are now restored to their natural rights by the late resolve of Congress for suppressing the taking those oaths) a GRAND PROVINCIAL CONVENTION, consisting at least of One Hundred members, of known and established reputation, for wisdom, virtue and impartiality, without regard to country or profession of religion; whose sole business, when met, shall be to agree upon, and settle a plan of government for this province, which shall secure to every separate inhabitant thereof perfect liberty of conscience, with every civil and legal right and privilege, so that all men, rich and poor, shall be protected in the possession of their peace, property and principles.—And what more can honest men say? We mean well, and under that conscious sanction we implore God and man to help us. The die of this day will cast the fate of posterity in this province. We can no longer confide in the House of Assembly; they have, by a feeble and intimidating prudence held us up as sacrifices to a bloody-minded enemy, they have thrown cold water on the necessary military proceedings of this province and continent, and have been abettors, together with their collegues, in procrastinating the expedition to Canada, which, by that delay only, may probably not now succeed.
It is time, and high time, to break off from such men, and to awaken from such unmanly drowsiness: And we have no fear, that as our cause is just, our God will support us against barbarous tyrants, foreign mercenaries, and American traitors.
Having thus clearly stated the case for your consideration, we leave you to the exercise of your own reason, to determine whether the present House of Assembly, under all the disqualification, inconsistencies, prejudices and private interests herein mentioned, is a proper body to be entrusted with the extensive powers necessary for forming or reforming a government agreeable to the Resolve and Recommendation of Congress. Or whether a Convention, chosen fairly and openly for that express purpose, consisting, as has been before mentioned, of at least One Hundred members, of known reputation for wisdom, virtue and impartiality, is not a far more probable, nay the only possible, method for securing the just Rights of the people, and posterity.
Braxton was born in Virginia and attended the College of William and Mary. His father was a well-to-do planter and sometime member of the House of Burgesses. Carter Braxton himself served in the House of Burgesses from 1761 to 1775 where he was a leader of the conservative tidewater faction. Along with George Washington, Patrick Henry, Thomas Jefferson, and Peyton Randolph, he signed the Resolutions of 1769 which argued that the right to tax Virginians lay solely in Virginia. Braxton served in the revolutionary conventions of 1774, 1775, and 1776, signed the Declaration of Independence, served in the Continental Congress and then in the Virginia Assembly from 1776 until 1785. The title of this piece by Braxton accurately sums up its contents. Virginia was in the process of writing a state constitution to replace its colonial charter. Braxton rehearses the general principles of government that should underlie a constitution suitable for his state and then outlines specific institutions based upon those principles that he feels should be included in the document proper. While only one of a number of essays written in Virginia at the time, Braxton’s is noteworthy for capturing the essential Virginia perspective in relatively few pages. The essay appeared in two parts, one each in the June 8 and June 15 editions of the Virginia Gazette.
GENTLEMEN,
When depotism had displayed her banners, and with unremitting ardour and fury scattered her engines of oppression through this wide extended continent, the virtuous opposition of the people to its progress relaxed the tone of government in almost every colony, and occasioned in many instances a total suspension of law. These inconveniencies, however, were natural, and the mode readily submitted to, as there was then reason to hope that justice would be done to our injured country; the same laws, executed under the same authority, soon regain their former use and lustre; and peace, raised on a permanent foundation, bless this our native land.
But since these hopes have hitherto proved delusive, and time, instead of bringing us relief, daily brings forth new proofs of British tyranny, and thereby separates us further from that reconciliation we so ardently wished; does it not become the duty of your, and every other Convention, to assume the reins of government, and no longer suffer the people to live without the benefit of law, and order the protection it affords? Anarchy and riot will follow a continuance of its suspension, and render the enjoyment of our liberties and future quiet at least very precarious.
Presuming that this object will, ere long, engage your attention, and fully persuaded that when it does it will be considered with all the candour and deliberation due to its importance, I have ventured to collect my sentiments on the subject, and in a friendly manner offer them to your consideration. Should they suggest any hints that may tend to improve or embellish the fabric you are about to erect, I shall deem myself happy in having contributed my might to the benefit of a people I esteem, and a country to which I owe every obligation.
Taking for granted, therefore, the necessity of instituting a government capable of affording all the blessings of which the most cruel attempts have been made to deprive us, the first inquiry will be, which of the various forms is best adapted to our situation, and will in every respect most probably answer our purpose.
Various are the opinions of men on this subject, and different are the plans proposed for your adoption. Prudence will direct you to examine them with a jealous eye, and weigh the pretensions of each with care, as well as impartiality. Your, and your children’s welfare depends upon the choice. Let it therefore neither be marked by a blind attachment to ancient prejudices on the one hand, or a restless spirit of innovation on the other.
Although all writers agree in the object of government, and admit that it was designed to promote and secure the happiness of every member of society, yet their opinions, as to the systems most productive of this general benefit, have been extremely contradictory. As all these systems are said to move on separate and distinct principles, it may not be improper to analyse them, and by that means shew the manner of their operations.
Government is generally divided into two parts, its mode or form of constitution, and the principle intended to direct it.
The simple forms of government are despotism, monarchy, aristocracy, and democracy. Out of these an infinite variety of combinations may be deduced. The absolute unlimited controul of one man describes despotism, whereas monarchy compels the Sovereign to rule agreeable to certain fundamental laws. Aristocracy vests the sovereignty of a state in a few nobles, and democracy allows it to reside in the body of the people, and is thence called a popular government.
Each of these forms are actuated by different principles. The subjects of an unlimited despotic Prince, whose will is their only rule of conduct, are influenced by the principle of fear. In a monarchy limited by laws the people are insensibly led to the pursuit of honour, they feel an interest in the greatness of their Princes, and, inspired by a desire of glory, rank, and promotion, unite in giving strength and energy to the whole machine. Aristocracy and democracy claim for their principle