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Declaration
and Resolves of the First Continental Congress
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.
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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.
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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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