Page:American Archives, Series 4, Volume 1.djvu/520

911 The good people of the several Colonies of New-Hampshire, Massachusetts Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, New-Castle, 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 sovereign 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 be properly 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.

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, 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 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, 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 4 George III. ch. 15, and ch. 34. 5 George III. ch. 25. 6 George III. ch. 52. 7 George III. ch. 41, and ch. 46. 8 George 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 Judge's 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 George III. ch. 24, entituled "An Act for the better securing his Majesty's Dock-yards, 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 the Massachusetts Bay, and that which is entituled "An Act for the better administration of Justice," &c.

Also the Act passed in the same session for establishing the Roman Catholick 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 neighbouring 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 grevious 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: 1. To enter into a Non-Importation, Non-Consumption, and Non-Exportatation 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. A Letter being received from several gentlemen in Georgia was read.

Saturday, October 15, 1774.

The Congress resumed the consideration of the plan of Association for carrying into effect the Non-Importation, &c., and after some time spent on that subject, adjourned till Monday.