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OCTOBER
14, 1774
Whereas,
since the close of the last war, the British parliament, claiming
a power, of right, to bind the people of America by statutes in
all cases whatsoever, hath, in some acts, expressly imposed taxes
on them, and in others, under various presences, 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 dependant
on the crown alone for their salaries, and standing armies kept
in times of peace: And whereas 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 harbour of Boston, in the province of Massachusetts-Bay
in New England;" another entitled, "An act for the better
regulating the government of the province of 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, and 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:
Resolved,
N.C.D. 1. That they are entitled to life, liberty and property:
and they have never ceded to any foreign power whatever, a right
to dispose of either without their consent.
Resolved,
N.C.D. 2. 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.
Resolved,
N.C.D. 3. 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.
Resolved,
4. 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 bonfide,
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.
Resolved,
N.C.D. 5. 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.
Resolved,
N.C.D. 6. 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.
Resolved,
N.C.D. 7. 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.
Resolved,
N.C.D. 8. 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.
Resolved,
N.C.D. 9. 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.
Resolved,
N.C.D. 10. 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
legislature.
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,
N.C.D. 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 Geo. III. ch. 15, and ch. 34.-5 Geo. III. ch.25.-6
Geo. ch. 52.-7 Geo.III. ch. 41 and ch. 46.-8 Geo. III. ch. 22. which
impose duties for the purpose of raising a revenue in America, extend
the power 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
12 Geo. III. ch. 24, intituled, "An act for the better securing
his majesty's dockyards, magazines, ships, ammunition, and stores,"
which declares a new offence 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 offence
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 harbour of Boston, for altering the
charter and government of Massachusetts-Bay, and that which is entitled,
"An act for the better administration of justice, etc."
Also
the act passed in 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 total 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 in 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 such army is kept, is against law.
To
these grievous acts and measures, Americans cannot submit, but in
hopes 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: 1. 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: and 3. To prepare a loyal
address to his majesty, agreeable to resolutions already entered
into.
From
Documents Illustrative of the Formation of the Union of the
American States.
Government Printing Office, 1927
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