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The Declaration of Rights
October 14, 1774 [Delegates from the
colonies met in Philadelphia in the fall of 1774 to decide how to resolve
their greivances against the British government. This meeting of colonial
representatives - the first Continental Congress - passed a number of resolutions
aimed at satisfying their complaints. One of the resolutions enacted by
the Congress was the declaration of colonial rights. In this document the
colonists listed the rights that were being denied them as Englishmen.
Major John Sullivan, delegate from New Hampshire, drafted the resolution.
In the Declaration of Rights, colonists cite their opposition to the Stamp
Act of 1765, the Townshend Acts of 1767 and the Coercive Acts of 1774.
This declaration was adopted by the Continental Congress On 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 statute, all cases whatsoever, hath in some acts expressly
imposed taxes on them and in others, under various pretenses, but in fact
for the purpose 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 time 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 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";
and 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, 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, 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, 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, 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, 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, can not 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 eternal, for raising a revenue
on the subjects in America, without their consent. Resolved, 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, 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, 8. That they have a right peaceably
to assemble, consider of their grievances, and petition the King; and that
all prosecutions, prohibitory proclamations, and commitment for the same,
are illegal. Resolved, 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 can not 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 Geo. 3. ch. 15, and
ch. 34.--5 Geo. 3. ch. 25.--6 Geo. 3. ch. 52.--7 Geo. 3. ch. 41, and ch.
46.--8 Geo. 3. ch. 22, which impose duties for the purpose of raising a
revenue in America, extend the powers of the admiralty court 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. 3. ch. 24, entitled "An act
for the better securing His Majesty's dock yards, 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 and government of the 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 assitance 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
can not 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, and 3. To prepare a loyal address to His Majesty;
agreeable to resolutions already entered into. Source: "The Constitutions of the Several Independent States of America,"
printed in London, 1783.
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