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.
Source:Documents Illustrative of the Formation of the Union of the American
States.
Government Printing Office, 1927. House Document No. 398.,Selected, Arranged and
Indexed by Charles C. Tansill