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Declaration
and Resolves
of
the First Continental Congress, October 1774
Whereas,
since the close of the last war, the British parliament, claiming
a power of right to bind the people of America by statute in all
cases whatsoever, hath, in some acts expressly imposed taxes on
them, and in others, under various pretenses, but in fact for the
purpose of raising a revenue, hath imposed rates and duties payable
in these colonies, established a board of commissioners with unconstitutional
powers, and extended the jurisdiction of courts of Admiralty not
only for collecting the said duties, but for the trial of causes
merely arising within the body of a county.
And
whereas, in consequence of other statutes, judges who before held
only estates at will in their offices, have been made dependent
on the Crown alone for their salaries, and standing
armies
kept in times of peace. And it has lately been resolved in Parliament,
that by force of a statute made in the thirty-fifth year of the
reign of king Henry the Eighth, colonists may be
transported
to England, and tried there upon accusations for treasons and misprisions,
or concealments of treasons committed in the colonies; and by a
late statute, such trials have been directed
in cases therein mentioned.
And
whereas, in the last session of Parliament, three statutes were
made; one entitled "An act to discontinue, in such manner and for
such time as are therein mentioned, the landing and
discharging,
lading, or shipping of goods, wares and merchandise, at the town,
and within the harbor of Boston in the province of Massachusetts-bay,
in North America;" another, entitled "An act for the better regulating
the government of the province of the Massachusetts-bay in New England;"
and another, entitled "An act for the impartial administration of
justice, in the cases of persons
questioned for any act done by them in the execution of the law,
or for the suppression of riots and tumults, in the province of
the Massachusetts-bay, in New England." And another
statute
was then made, "for making more effectual provision for the government
of the province of Quebec, etc. All which statutes are impolitic,
unjust, and cruel, as well as unconstitutional,
and
most dangerous and destructive of American rights.
And
whereas, Assemblies have been frequently dissolved, contrary to
the rights of the people, when they attempted to deliberate on grievances;
and their dutiful, humble, loyal, & reasonable
petitions
to the crown for redress, have been repeatedly treated with contempt,
by His Majesty's ministers of state:
The
good people of the several Colonies of New Hampshire, Massachusetts
bay, Rhode Island and Providence plantations, Connecticut, New York,
New Jersey, Pennsylvania, Newcastle Kent and
Sussex on Delaware, Maryland, Virginia, North Carolina, and South
Carolina, justly alarmed at these arbitrary proceedings of parliament
and administration, have severally elected, constituted, and appointed
deputies to meet, and sit in general Congress, in the city of Philadelphia,
in order to obtain such establishment, as that their religion, laws,
and liberties, may not be subverted:
Whereupon
the deputies so appointed being now assembled, in a full and free
representation of these Colonies, taking into their most serious
consideration the best means of attaining the ends
aforesaid,
do in the first place, as Englishmen their ancestors in like cases
have usually done, for asserting and vindicating their rights and
liberties, declare,
- That
the inhabitants of the English Colonies in North America, by the
immutable laws of nature, the principles of the English constitution,
and the several charters or compacts, have the following Rights:
- That
our ancestors, who first settled these colonies, were at the time
of their emigration from the mother country, entitled to all the
rights, liberties, and immunities of free and natural born subjects
within the realm of England.
- That
by such emigration they by no means forfeited, surrendered, or
lost any of those rights, but that they were, and their descendants
now are entitled to the exercise and enjoyment of all such of
them, as their local and other circumstances enable them to exercise
and enjoy.
- That
the foundation of English liberty, and of all free government,
is a right in the people to participate in their legislative council:
and as the English colonists are not represented, and from their
local and other circumstances, cannot properly be represented
in the British parliament, they are entitled to a free and exclusive
power of legislation in their several provincial legislatures,
where their right of representation can alone be preserved, in
all cases of taxation and internal polity, subject only to the
negative of their sovereign, in such manner as has been heretofore
used and accustomed. But, from the necessity of the case, and
a regard to the mutual interest of both countries, we cheerfully
consent to the operation of such acts of the British parliament,
as are bona fide restrained to the regulation of our external
commerce, for the purpose of securing the commercial advantages
of the whole empire to the mother country, and the commercial
benefits of its respective members excluding every idea of taxation,
internal or external, for raising a revenue on the subjects in
America without their consent.
- That
the respective colonies are entitled to the common law of England,
and more especially to the great and inestimable privilege of
being tried by their peers of the vicinage, according to the course
of that law.
- That
they are entitled to the benefit of such of the English statutes,
as existed at the time of their colonization; and which they have,
by experience, respectively found to be applicable to their several
local and other circumstances.
- That
these, his majesty's colonies, are likewise entitled to all the
immunities and privileges granted and confirmed to them by royal
charters, or secured by their several codes of provincial laws.
- That
they have a right peaceably to assemble, consider of their grievances,
and petition the King; and that all prosecutions, prohibitory
proclamations, and commitments for the same, are illegal.
- That
the keeping a Standing army in these colonies, in times of peace,
without the consent of the legislature of that colony in which
such army is kept, is against law.
- It
is indispensably necessary to good government, and rendered essential
by the English constitution, that the constituent branches of
the legislature be independent of each other; that, therefore,
the exercise of legislative power in several colonies, by a council
appointed during pleasure, by the crown, is unconstitutional,
dangerous, and destructive to the freedom of American legislation.
All
and each of which the aforesaid deputies, in behalf of themselves,
and their constituents, do claim, demand, and insist on, as their
indubitable rights and liberties; which cannot be legally taken from
them, altered or abridged by any power whatever, without their own
consent, by their representatives in their several provincial legislatures.
In
the course of our inquiry, we find many infringements and violations
of the foregoing rights, which, from an ardent desire that harmony
and mutual intercourse of affection and interest may
be
restored, we pass over for the present, and proceed to state such
acts and measures as have been adopted since the last war, which
demonstrate a system formed to enslave America.
Resolved,
That the following acts of Parliament are infringements and violations
of the rights of the colonists; and that the repeal of them is essentially
necessary, in order to restore harmony between Great Britain and
the American colonies, viz.:
The
several Acts of 4 Geo. 3, ch. 15 & ch. 34; 5 Geo. 3, ch. 25;
6 Geo. 3, ch. 52; 7 Geo. 3, ch. 41 & 46; 8 Geo. 3, ch. 22; which
impose duties for the purpose of raising a revenue in America,
extend
the powers of the admiralty courts beyond their ancient limits,
deprive the American subject of trial by jury, authorize the judges'
certificate to indemnify the prosecutor from damages that he might
otherwise be liable to, requiring oppressive security from a claimant
of ships and goods seized before he shall be allowed to defend his
property; and are subversive of American
rights.
Also
the 12 Geo. 3, ch. 24, entitled "An act for the better preserving
his Majesty's dockyards, magazines, ships, ammunition, and stores,"
which declares a new offense in America, and
deprives
the American subject of a constitutional trial by jury of the vicinage,
by authorizing the trial of any person charged with the committing
any offense described in the said act, out of
the
realm, to be indicted and tried for the same in any shire or county
within the realm.
Also
the three acts passed in the last session of parliament, for stopping
the port and blocking up the harbor of Boston, for altering the
charter & government of the Massachusetts bay, and
that
which is entitled "An Act for the better administration of Justice,"
&c.
Also
the act passed the same session for establishing the Roman Catholic
Religion in the province of Quebec, abolishing the equitable system
of English laws, and erecting a tyranny there, to the great danger,
from so great a dissimilarity of Religion, law, and government,
of the neighboring British colonies by the assistance of whose blood
and treasure the said country was conquered from France.
Also
the act passed the same session for the better providing suitable
quarters for officers and soldiers in his Majesty's service in North
America.
Also,
that the keeping a standing army in several of these colonies, in
time of peace, without the consent of the legislature of that colony
in which the army is kept, is against law.
To
these grievous acts and measures Americans cannot submit, but in
hopes that their fellow subjects in Great Britain will, on a revision
of them, restore us to that state in which both
countries
found happiness and prosperity, we have for the present only resolved
to pursue the following peaceable measures: 1st. To enter into a
non-importation, non-consumption, and non-exportation
agreement or association. 2. To prepare an address to the people
of Great Britain, and a memorial to the inhabitants of British America,
& 3. To prepare a loyal address to
his Majesty, agreeable to resolutions already entered into.
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