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DECLARATION
AND RESOLVES OF THE FIRST CONTINENTAL CONGRESS:
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 theiroffices, 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 theMassachusetts-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;
andtheir 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 circumstancesenable 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, accordingto
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 isessentially 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 ofAmerican 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 ofparliament, 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.
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