On the same day there was introduced into that Assembly an act for the abolition of slavery in the State, which then contained six thousand negro slaves. The body of this very moderate measure was prepared by George Bryan, but the much admired preamble has been attributed by tradition to the pen of Paine.* That this tradition is correct is now easily proved by a comparison of its sentiments and phraseology with the antislavery writings of Paine presented in previous pages of this work. The author, who alone seems to have been thinking of the negroes and their rights during that revolutionary epoch, thus had some reward in writing the first proclamation of emancipation in America. The act passed March 1, 1780.

The Preamble is as follows:

"I. When we contemplate our abhorrence of that condition, to which the arms and tyranny of Great Britain were exerted to reduce us, when we look back on the variety of dangers to which we have been exposed, and how miraculously our wants in many instances have been supplied, and our deliverances wrought, when even hope and human fortitude have become unequal to the conflict, we are unavoidably led to a serious and grateful sense of the manifold blessings, which we have undeservedly received from the hand of that Being, from whom every good and perfect gift cometh. Impressed with these ideas, we conceive that is is our duty, and we rejoice that it is in our power, to extend a portion of that freedom to others, which hath been extended to us, and release from that state of thraldom, to which we ourselves were tyrannically doomed, and from which we have now every prospect of being delivered. It is not for us to enquire why, in the creation of mankind, the inhabitants of the several parts of the earth were distinguished by a difference in feature or complexion. It is sufficient to know that all are the work of the Almighty Hand. We find in the distribution of the human species, that the most fertile as well as the most barren parts of the earth are inhabited by men of complexions different from ours, and from each other; from whence we may reasonably as well as religiously infer, that He, who placed them in their various situations, hath extended equally his care and protection to all, and that it becometh not us to counteract his mercies. We esteem it a peculiar blessing granted to us, that we are enabled this day to add one more step to universal civilization, by removing, as much as possible, the sorrows of those, who have lived in undeserved bondage, and from which, by the assumed authority of the Kings of Great Britain, no effectual, legal relief could be obtained. Weaned, by a long course of experience, from those narrow prejudices and partialities we had imbibed, we find our hearts enlarged with kindness and benevolence towards men of all conditions and nations; and we conceive ourselves at this particular period particularly called upon by the blessings which we have received, to manifest the sincerity of our profession, and to give a substantial proof of our gratitude.

"II. And whereas the condition of those persons, who have heretofore been denominated Negro and Mulatto slaves, has been attended with circumstances, which not only deprived them of the common blessings that they were by nature entitled to, but has cast them into the deepest afflictions, by an unnatural separation and sale of husband and wife from each other and from their children, an injury, the greatness of which can only be conceived by supposing that we were in the same unhappy case. In justice, therefore, to persons so unhappily circumstanced, and who, having no prospect before them whereon they may rest their sorrows and their hopes, have no reasonable inducement to render their service to society, which they otherwise might, and also in grateful commemoration of our own happy deliverance from that state of unconditional submission to which we were doomed by the tyranny of Britain.

"III. Be it enacted, &c."

The New Year, 1780, found Washington amid much distress at Morristown. Besides the published letters which attest this I have found an extract from one which seems to have escaped the attention of Washington's editors.* It was written at Morristown, January 5th.

"It gives me extreme Pain that I should still be holding up to Congress our wants on the score of Provision, when I am convinced that they are doing all that they can for our relief. Duty and necessity, however, constrain me to it. The inclosed copies of Letters from Mr. Flint, the Assistant Commissary, and from Gen. Irvine, who commands at present our advanced troops, contain a just Representation of our situation. To add to our Difficulties I very much fear that the late violent snow storm has so blocked up the Roads, that it will be some days before the scanty supplies in this quarter can be brought to camp. The troops, both officers and men, have borne their Distress, with a patience scarcely to be conceived. Many of the latter have been four or five days without meat entirely and short of Bread, and none but very scanty Supplies—Some for their preservation have been compelled to maraud and rob from the Inhabitants, and I have it not in my power to punish or reprove the practice. If our condition should not undergo a very speedy and considerable change for the better, it will be difficult to point out all the consequences that may ensue. About forty of the Cattle mentioned by Mr. Flint got in last night."

The times that tried men's souls had come again. The enemy, having discovered the sufferings of the soldiers at Morristown, circulated leaflets inviting them to share the pleasures of New York. Nor were they entirely unsuccessful. On May 28th was penned the gloomiest letter Washington ever wrote. It was addressed to Reed, President of Pennsylvania, and the Clerk (Paine) read it to the Assembly. "I assure you," said the Commander's letter, "every idea you can form of our distresses will fall short of the reality. There is such a combination of circumstances to exhaust the patience of the soldiery that it begins at length to be worn out, and we see in every line of the army the most serious features of mutiny and sedition." There was throughout the long letter a tone of desperation which moved the Assembly profoundly. At the close there was a despairing silence, amid which a member arose and said, "We may as well give up first as last." The treasury was nearly empty, but enough remained to pay Paine his salary, and he headed a subscription of relief with $500.* The money was enclosed to Mr. M'Clenaghan, with a vigorous letter which that gentleman read to a meeting held in a coffee-house the same evening. Robert Morris and M'Clenaghan subscribed £200 each, hard money. The subscription, dated June 8th, spread like wildfire, and resulted in the raising of £300,000, which established a bank that supplied the army through the campaign, and was incorporated by Congress on December 21st.

Paine, by his timely suggestion of a subscription, and his "mite," as he called it, proved that he could meet a crisis as well as write one. He had written a cheery Crisis in March, had helped to make good its hopefulness in May, and was straightway busy on another. This was probably begun on the morning when M'Clenaghan came to him with a description of the happy effect and result produced by his letter and subscription on the gentlemen met at the coffee-house. This Crisis (June 9, 1780) declares that the reported fate of Charleston, like the misfortunes of 1776, had revived the same spirit; that such piecemeal work was not conquering the continent; that France was at their side; that an association had been formed for supplies, and hard-money bounties. In a postscript he adds: "Charleston is gone, and I believe for the want of a sufficient supply of provisions. The man that does not now feel for the honor of the best and noblest cause that ever a country engaged in, and exert himself accordingly, is no longer worthy of a peaceable residence among a people determined to be free."

Meanwhile, on "Sunday Morning, June 4th," Paine wrote to President Reed a private letter:

"Sir,—I trouble you with a few thoughts on the present state of affairs. Every difficulty we are now in arises from an empty treasury and an exhausted credit. These removed and the prospect were brighter. While the war was carried on by emissions at the pleasure of Congress, any body of men might conduct public business, and the poor were of equal use in government with the rich. But when the means must be drawn from the country the case becomes altered, and unless the wealthier part throw in their aid, public measures must go heavily on.

"The people of America understand rights better than politics. They have a clear idea of their object, but are greatly deficient in comprehending the means. In the first place, they do not distinguish between sinking the debt, and raising the current expenses. They want to have the war carried on, the Lord knows how.

"It is always dangerous to spread an alarm of danger unless the prospect of success be held out with it, and that not only as probable, but naturally essential. These things premised, I beg leave to mention, that suppose you were to send for some of the richer inhabitants of the City, and state to them the situation of the army and the treasury, not as arising so much from defect in the departments of government as from a neglect in the country generally, in not contributing the necessary support in time. If they have any spirit, any foresight of their own interest or danger, they will promote a subscription either of money or articles, and appoint a committee from among themselves to solicit the same in the several Counties; and one State setting the example, the rest, I presume, will follow. Suppose it was likewise proposed to them to deposit their plate to be coined for the pay of the Army, crediting the government for the value, by weight.

"If measures of this kind could be promoted by the richer of the Whigs, it would justify your calling upon the other part to furnish their proportion without ceremony, and these two measures carried, would make a draft or call for personal service the more palatable and easy.

"I began to write this yesterday. This morning, it appears clear to me that Charleston is in the hands of the enemy, and the garrison prisoners of war. Something must be done, and that something, to give it popularity, must begin with men of property. Every care ought now to be taken to keep goods from rising. The rising of goods will have a most ruinous ill effect in every light in which it can be viewed.

"The army must be reunited, and that by the most expeditious possible means. Drafts should first be countenanced by subscriptions, and if men would but reason rightly, they would see that there are some thousands in this State who had better subscribe thirty, forty, or fifty guineas apiece than run the risk of having to settle with the enemy. Property is always the object of a conqueror, wherever he can find it. A rich man, says King James, makes a bonny traitor; and it cannot be supposed that Britain will not reimburse herself by the wealth of others, could she once get the power of doing it. We must at least recruit eight or ten thousand men in this State, who had better raise a man apiece, though it should cost them a thousand pounds apiece, than not have a sufficient force, were it only for safety sake. Eight or ten thousand men, added to what we have now got, with the force that may arrive, would enable us to make a stroke at New York, to recover the loss of Charleston—but the measure must be expeditious.

"I suggest another thought. Suppose every man, working a plantation, who has not taken the oath of allegiance, in Philadelphia County, Bucks, Chester, Lancaster, Northampton, and Berks, were, by the new power vested in the Council, called immediately upon for taxes in kind at a certain value. Horses and wagons to be appraised. This would not only give immediate relief, but popularity to the new power. I would remark of taxes in kind, that they are hard-money taxes, and could they be established on the non-jurors, would relieve us in the articles of supplies.

"But whatever is necessary or proper to be done, must be done immediately. We must rise vigorously upon the evil, or it will rise upon us. A show of spirit will grow into real spirit, but the Country must not be suffered to ponder over their loss for a day. The circumstance of the present hour will justify any means from which good may arise. We want rousing.

"On the loss of Charleston I would remark—the expectation of a foreign force arriving will embarrass them whether to go or to stay; and in either case, what will they do with their prisoners? If they return, they will be but as they were as to dominion; if they continue, they will leave New York an attackable post. They can make no new movements for a considerable time. They may pursue their object to the Southward in detachments, but then in every main point they will naturally be at a stand; and we ought immediately to lay hold of the vacancy.

"I am, Sir, your obedient humble servant,

"Thomas Paine."

If Paine had lost any popularity in consequence of his indirect censure by Congress, a year before, it had been more than regained by his action in heading the subscription, and the inspiriting effect of his pamphlets of March and June, 1780. The University of the State of Pennsylvania, as it was now styled, celebrated the Fourth of July by conferring on him the degree of Master of Arts.* Among the trustees who voted to confer on him this honor were some who had two years before refused to take the American oath of allegiance.

In the autumn appeared Paine's Crisis Extraordinary. It would appear by a payment made to him personally, that in order to make his works cheap he had been compelled to take his publications into his own hands.** The sum of $360 paid for ten dozen copies of this pamphlet was really at the rate of five cents per copy. It is a forcible reminder of the depreciation of the Continental currency. At one period Paine says he paid $300 for a pair of woollen stockings.

Although the financial emergency had been tided over by patriotic sacrifices, it had disclosed a chaos.

"Sir,—Please to pay the within to Mr. Willm. Harris, and you will oblige yr. obt. Hble. Sert., Thos. Paine.—David Rittenhouse Esq."

"Red. in full, H. Wm. Harris." [Harris printed the pamphlet].

Congress, so far from being able to contend with Virginia on a point of sovereignty, was without power to levy taxes. "One State," writes Washington (May 31st) "will comply with a requisition of Congress; another neglects to do it; a third executes it by halves; and all differ either in the manner, the matter, or so much in point of time, that we are always working up hill, and ever shall be; and, while such a system as the present one or rather want of one prevails, we shall ever be unable to apply our strength or resources to any advantage." In the letter of May 28th, to the President of Pennsylvania, which led to the subscription headed by Paine, Washington pointed out that the resources of New York and Jersey were exhausted, that Virginia could spare nothing from the threatened South, and Pennsylvania was their chief dependence. "The crisis, in every point of view, is extraordinary." This sentence of Washington probably gave Paine his title, Crisis Extraordinary. It is in every sense a masterly production. By a careful estimate he shows that the war and the several governments cost two millions sterling annually. The population being 3,000,000, the amount would average 13s. 4d. per head. In England the taxation was £2 per head. With independence a peace establishment in America would cost 5s. per head; with the loss of it Americans would have to pay the £2 per head like other English subjects. Of the needed annual two millions, Pennsylvania's quota would be an eighth, or £250,000; that is, a shilling per month to her 375,000 inhabitants,—which subjugation would increase to three-and-threepence per month. He points out that the Pennsylvanians were then paying only £64,280 per annum, instead of their real quota of £250,000, leaving a deficiency of £185, 720, and consequently a distressed army. After showing that with peace and free trade all losses and ravages would be speedily redressed, Paine proposes that half of Pennsylvania's quota, and £60,000 over, shall be raised by a tax of 7s. per head. With this sixty thousand (interest on six millions) a million can be annually borrowed. He recommends a war-tax on landed property, houses, imports, prize goods, and liquors. "It would be an addition to the pleasures of society to know that, when the health of the army goes round, a few drops from every glass become theirs."

On December 30, 1780, Dunlap advertised Paine's pamphlet "Public Good." Under a charter given the Virginia Company in 1609 the State of Virginia claimed that its southern boundary extended to the Pacific; and that its northern boundary, starting four hundred miles above, on the Atlantic coast, stretched due northwest. To this Paine replies that the charter was given to a London company extinct for one hundred and fifty years, during which the State had never acted under that charter. Only the heirs of that company's members could claim anything under its extinct charter. Further, the State unwarrantably assumed that the northwestern line was to extend from the northern point of its Atlantic base; whereas there was more reason to suppose that it was to extend from the southern point, and meet a due west line from the northern point, thus forming a triangular territory of forty-five thousand square miles. Moreover, the charter of 1609 said the lines should stretch "from sea to sea." Paine shows by apt quotations that the western sea was supposed to be a short distance from the Atlantic, and that the northwestern boundary claimed by Virginia would never reach the said sea, "but would form a spiral line of infinite windings round the globe, and after passing over the northern parts of America and the frozen ocean, and then into the northern parts of Asia, would, when eternity should end, and not before, terminate in the north pole." Such a territory is nondescript, and a charter that describes nothing gives nothing. It may be remarked here that though the Attorney-General of Virginia, Edmund Randolph, had to vindicate his State's claim, he used a similar argument in defeating Lord Fairfax's claim to lands in Virginia which had not been discovered when his grant was issued.* All this, however, was mere fencing preliminary to the real issue. The western lands, on the extinction of the Virginia companies, had reverted to the Crown, and the point in which the State was really interested was its succession to the sovereignty of the Crown over all that territory. It was an early cropping up of the question of State sovereignty. By royal proclamation of 1763 the province of Virginia was defined so as not to extend beyond heads of rivers emptying in the Atlantic.

Paine contended that to the sovereignty of the Crown over all territories beyond limits of the thirteen provinces the United States had succeeded. This early assertion of the federal doctrine, enforced with great historical and legal learning, alienated from Paine some of his best Southern friends. The controversy did not end until some years later. After the peace, a proposal in the Virginia Legislature to present Paine with something for his services, was lost on account of this pamphlet.*

The students of history will soon be enriched by a "Life of Patrick Henry," by his grandson, William Wirt Henry, and a "Life of George Mason," by his descendant, Miss Rowland. In these works by competent hands important contributions will be made (as I have reason to know) to right knowledge of the subject dealt with by Paine in his "Public Good." It can here only be touched on; but in passing I may say that Virginia had good ground for resisting even the semblance of an assertion of sovereignty by a Congress representing only a military treaty between the colonies; and that Paine's doctrine confesses itself too idealistic and premature by the plea, with which his pamphlet closes, for the summoning of a "continental convention, for the purpose of forming a continental constitution, defining and describing the powers and authority of Congress."