Delegates to Congress . Letters of delegates to Congress, 1774-1789, Volume 3, January 1 1776-May 15 1776
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Lord Drummond's Minutes

Minute Philadelphia Jany. 10th 1776.

   As the foregoing paper which was deliverd to the Gentlemen of the Colonies by Ld. Dr[ummon]d contained Objections to several Material Points in the Propositions on the Part of America,(1) These Propositions were superseded by a new Set as contained in No. III.

   These however still holding up some Objectionable Points several Conversations were held in Consequence with particular Members, which terminated in the Propositions again undergoing some Amendments and which appear included within the Lines in No. III.(2)

   The Import of the Clause in the first Article with Respect to internal Polity seemd not fully understood by Mr. Lynch who deliverd Lord D[rummon]d the Paper. In a Conversn. with Mr. L[ivingston] & Mr. [Allen] (3) who had not been present at the drawing up of the Articles, they seemd to think it alluded to the alledged Innovation by Great Britain in Cancelling the Massachusets Bay Charter, that if it meant anything further it meant too much, for that in the disputes which must arise hereafter between the different Colonies, nothing but the Interposition of the Parent Country coud effect a Settlement as being placed beyond the Reach of an American Invasion.(4)

   With regard to the last Clause, in the Second Article Mr. [Gov. Livingston] and Mr. Duane were of Opinion that this shoud not be insisted on. That with Regard to the Article of Wool in particular England shoud by no Means be interfered with.

   The third Article on the Subject of Troops which was the Point by much the most contended for by the most Southern as well as New




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   Engd. Colonies was at last struck out. The Arguments used to effect this were not stated in Writing-as containing too dangerous a Doctrine.

   Propositions by America, as amended Recd. 1 l th Jany 76

   .

    No. III.

   1st. It is understood that Great Britain shall in open Parliament declare a Relinquishment of Taxation over her Colonies (5) and shall withold from interfering with their internal Polity.

   2d. That Great Britain shall not suppress their Manufactoring for their own Consumption such Materials as these Colonies produce and that they shall not be restrained from transporting from one Colony to another such Materials or Manufactory.

   3d. (That Troops shall not be introduced into these Colonies with out the Consent of their Legislatures.)

   4th. That Canada shall be included in the Indemnification.

   5th. That the Colonies shall fix suitable and permanent Establishments for the Office of Chief Justice and the Judges of their Supreme Courts. That the chief Judges hereafter to be apointed shall previously undergo an Examination by the twelve Judges of England and be recommended by them to such apointment. And that when so apointed they shall as in England hold their Offices during good Behaviour.

   6th. That the Navigation Act shall remain inviolate but nevertheless if on Investigation, any Restriction or Regulation shall be found to be injurious to the Trade of the Colonies without affording any advantages to the Mother Country, it is expected that such Restrictions or Regulations will on proper Representation be taken into Consideration and amended or withdrawn.

   7th. That towards the common Exigency of the State the Colonies shall by perpetual Grant as in the Plan annexed give such annual Aid or Supply as shall be deemd consistent with the abilities of the respective Colonies.

   8th. That as a further Demonstration of their Loyalty to the Crown and their Affection to the Mother Country they shall notwithstanding the above perpetual Grant, hold themselves subject to be calld upon in Cases of Urgency for Supplies of naval and Military Stores.


Note: MS (Scottish Record Office: Drummond Castle Papers).

l See Drummond's Notes, January 9, 1776.



2 See note 5 below.



3 For an explanation of the insertion of names in brackets here and below, see Drummond's Minutes, January 5, 1776, note 2.



4 Elsewhere Drummond observed of his discussions with the delegates about Parliament's right to interfere in internal colonial affairs: "This Subject bore a Deal of Argument on both Sides. Mr. Elliot and myself contended, I had almost said Concluded with them, that as the Infraction of the Massachusetts Bay Charter was the single Instance in which themselves coud charge England with having improperly exercised this Power, so we must of course confine the Reparation lookd



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for, to that single Point-besides that any further Controul did not fall within the Extent of their favorite Wish of being placed as in the golden Era of [17]63." Drummond to Lord North?, March 24, 1776, Scottish Record Office: Drummond Castle Papers, Nj microfilm.



5 In the MS Drummond drew lines around the remainder of this paragraph for reasons he explained in the second paragraph of this document.