Page:State Documents on Federal Relations.djvu/89

75] vessels in the Ports and harbors of the United States," passed by the Congress of the United States on the 16th day of December, 1813, contains provisions not warranted by the Constitution of the United States, and violating the rights of the People of this Commonwealth.

Resolved, That the Inhabitants of the State of Massachusetts, have enjoyed, from its earliest settlement, the right of navigating from Port to Port within its limits and of fishing on its coasts; that the free exercise and enjoyment of these Rights are essential to the comfort and subsistence of a numerous class of its citizens; that the power of prohibiting to its Citizens the exercise of these rights was never delegated to the general government, and that all Laws passed by that Government, intended to have such an effect, are therefore unconstitutional and void.

Resolved, That the people of this commonwealth, "have a right to be secure from all unreasonable searches and seizures of their Persons, Houses, Papers, and all their Possessions;" that all Laws rendering liable to seizure the property of a Citizen at the discretion of an Individual, without warrant from a Magistrate, issued on a complaint, supported on oath or affirmation, under the pretence that such property is "apparently on its way towards the territory of a foreign nation or the vicinity thereof," are arbitrary in their nature, tyrannical in their exercise, and subversive of the first principles of civil liberty.

Resolved, That the People of this Commonwealth, "have a right to be protected in the enjoyment of life, liberty, and property, according to standing Laws;" and that all attempts to prohibit them in the enjoyment of this right by agents acting under Executive Instructions only, and armed with military force, are destructive of their freedom and altogether repugnant to the Constitution.

Resolved, That as the well grounded complaints of the People constitute a continued claim upon the Government, until their grievances are redressed, the several memorials and remonstrances referred to the Committee aforesaid be delivered to His Excellency the Governor, with a request that he or his successor in office would cause the same to be laid before the next General Court at an early day in their first Session.

[From manuscript in Mass. Archives. ]