forever. These demands are such as cannot be complied with, consistent with either the honor or interest of the empire, and are therefore insuperable obstacles to a union via congress.
The delegates erecting themselves into the states general or supreme legislature of all the colonies, from Nova Scotia to Georgia, does not leave a doubt respecting their aiming, in good earnest, at independency: this they did by enacting laws. Although they recognize the authority of the several provincial legislatures, yet they consider their own authority as paramount or supreme; otherwise they would not have acted decisively, but submitted their plans to the final determination of the assemblies. Sometimes indeed they use the terms request and recommend; at others they speak in the style of authority. Such is the resolve of the 27th of September: "Resolved from and after the first day of December next, there be no importation into British America from Great Britain or Ireland of any goods, wares or merchandize whatsoever, or from any other place of any such goods, wares or merchandize, as shall have been exported from Great Britain or Ireland, and that no such goods, wares or merchandize imported, after the said first day of December next, be used or purchased." October 15, the congress resumed the consideration of the plan for carrying into effect the non-importation, &c. October 20, the plan is compleated, determined upon, and ordered to be subscribed by all the members: they call it an association, but it has all the constituent parts of a law. They begin, "We his majesty's most loyal subjects the delegates of the several colonies of, &c. deputed to represent them in a continental congress," and agree for themselves and the inhabitants of the several colonies whom they represent, not to import, export or consume, &c. as also to observe several sumptuary regulations under certain penalties and forfeitures, and that a committee be chosen in every county, city and town, by those who are qualified to vote for representatives in the legislature, to see that the association be observed and kept, and to punish the violators of it; and afterwards, "recommend it to the provincial conventions, and to the committees in the respective colonies to establish such further regulations, as they may think proper, for carrying into execution the association." Here we find the congress enacting laws, that is, establishing, as the representatives of the people, certain rules of conduct to be observed and kept by all the inhabitants of these colonies, under certain pains and penalties, such as masters of vessels being dismissed from their employment; goods to be seized and sold at auction, and the first cost only returned to the proprietor, a different appropriation made of the overplus; persons being stigmatized in the gazette, as enemies to their country, and excluded the benefits of society, &c.
The congress seem to have been apprehensive that some squeamish people might be startled at their assuming the powers of legislation, and therefore, in the former part of their association say, they bind themselves and constituents under the sacred ties of virtue, honor, and love to their country, afterwards establish penalties and forfeitures, and conclude by solemnly binding themselves and constituents under the ties aforesaid, which include them all. This looks like artifice: but they might have spared themselves that trouble; for every law is or ought to be made under the sacred ties of virtue, honor and a love to the country, expressed or implied, though the penal sanction be also necessary. In short, were the colonies distinct states, and the powers of legislation vested in delegates thus appointed, their association would be as good a form of enacting laws as could be devised.
By their assuming the powers of legislation, the congress have not only superseded our provincial legislatures, but have excluded every idea of monarchy; and not content with the havock already made in our constitution, in the plenitude of their power, have appointed another congress to be held in May.