Whereas, since the close of the last war [the French and Indian War of 1756-63],
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. III, ch. 15 &
ch. 34; 5 Geo. III, ch. 25; 6 Geo. III, ch. 52; 7 Geo. III, ch. 41
& 46; 8 Geo. III, 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. III, 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.