Even among the well informed, the opinion, that the contest would

ultimately be determined by the sword, had not become general. The

hope had been indulged by many of the popular leaders, that the union

of the colonies, the extent and serious aspect of the opposition, and

the distress which their non-importation agreements would produce

among the merchants and manufacturers of the parent state, would

induce administration to recede from its high pretensions, and restore

harmony and free intercourse. This opinion had derived strength from

the communications made them by their zealous friends in England. The

divisions and discontents of that country had been represented as much

greater than the fact would justify; and the exhortations transmitted

to them to persevere in the honourable course which had been commenced

with so much glory, had generally been accompanied with assurances

that success would yet crown their patriotic labours. Many had engaged

with zeal in the resistance made by America, and had acted on a full

conviction of the correctness of the principles for which they

contended, who would have felt some reluctance in supporting the

measures which had been adopted, had they believed that those measures

would produce war. But each party counted too much on the divisions of

the other; and each seems to have taken step after step, in the hope

that its adversary would yield the point in contest, without resorting

to open force. Thus, on both sides, the public feeling had been

gradually conducted to a point, which would, in the first instance,

have been viewed with horror, and had been prepared for events, which,

in the beginning of the controversy, would have alarmed the most

intrepid. The prevailing sentiment in the middle and southern colonies

still was, that a reconciliation, on the terms proposed by America,

was not even yet impracticable, and was devoutly to be wished; but

that war was to be preferred to a surrender of those rights, for which

they had contended, and to which they believed every British subject,

wherever placed, to be unquestionably entitled. They did not hesitate

therefore which part of the alternative to embrace; and their

delegates united cordially with those of the north, in such measures

as the exigency required. The resolution was unanimous that, as

hostilities had actually commenced, and as large reinforcements to the

British army were expected, these colonies should be immediately put

in a state of defence, and the militia of New York be armed and

trained, and kept in readiness to act at a moment's warning. Congress

also determined to embody a number of men, without delay, for the

protection of the inhabitants of that place, but did not authorise

opposition to the landing of any troops which might be ordered to that

station by the crown. The convention of New York had already consulted

congress on this subject, and had been advised to permit the soldiers

to take possession of the barracks, and to remain there so long as

they conducted themselves peaceably; but, if they should commit

hostilities, or invade private property, to repel force by force. Thus

anxious was congress even after a battle had been fought, not to widen

the breach between the two countries. In addition to the real wish for

reconciliation, sound policy directed that the people of America

should engage in the arduous conflict which was approaching, with a

perfect conviction that it was forced upon them, and not invited by

the intemperate conduct of their leaders. The divisions existing in

several of the States suggested the propriety of this conduct, even to

those who despaired of deriving any other benefit from it, than a

greater degree of union among their own countrymen. In this spirit,

congress mingled with the resolutions for putting the country in a

state of defence, others expressing the most earnest wish for

reconciliation with the mother country, to effect which, that body

determined to address, once more, an humble and dutiful petition to

the King, and to adopt measures for opening a negotiation in order "to

accommodate the unhappy disputes subsisting between Great Britain and

the colonies."

As no great confidence could be placed in the success of pacific

propositions, the resolution for putting the country in a state of

defence was accompanied with others rendered necessary by that

undetermined state between war and peace, in which America was placed.

All exports to those colonies, which had not deputed members to

congress, were stopped; and all supplies of provisions, and other

necessaries, to the British fisheries, or to the army or navy in

Massachusetts Bay, or to any vessels employed in transporting British

troops to America, or from one colony to another, were prohibited.

Though this resolution was only an extension of the system of

commercial resistance which had been adopted before the commencement

of hostilities, and was evidently provoked by the late act of

parliament, it seems to have been entirely unexpected, and certainly

produced great distress.

Massachusetts having stated the embarrassments resulting from being

without a regular government, "at a time when an army was to be raised

to defend themselves against the butcheries and devastations of their

implacable enemies," and having declared a readiness to conform to

such general plan as congress might recommend to the colonies, it was

resolved "that no obedience is due to the act of parliament for

altering the charter of that colony, nor to officers who, instead of

observing that charter, seek its subversion." The governor and

lieutenant governor, therefore, were to be considered as absent, and

their offices vacant. To avoid the intolerable inconveniences arising

from a total suspension of government, "especially at a time when

general Gage had actually levied war, and was carrying on hostilities

against his majesty's peaceable and loyal subjects in that colony," it

was "recommended to the convention to write letters to the inhabitants

of the several places which are entitled to representation in the

assembly, requesting them to choose such representatives; and that

such assembly or council exercise the powers of government until a

governor of his majesty's appointment will consent to govern the

colony, according to its charter."[248]

[Footnote 248: Journals of congress.]

These resolutions were quickly followed by others of greater vigour,

denoting more decidedly, a determination to prepare for the last

resort of nations.

It was earnestly recommended to the conventions of all the colonies to

provide the means of making gun powder, and to obtain the largest

possible supplies of ammunition. Even the non-importation agreement

was relaxed in favour of vessels importing these precious materials.

The conventions were also urged to arm and discipline the militia; and

so to class them, that one-fourth should be minute men. They were also

requested to raise several regular corps for the service of the

continent; and a general resolution was entered into, authorising any

province thinking itself in danger, to raise a body of regulars not

exceeding one thousand men, to be, paid by the united colonies.

Congress also proceeded to organise the higher departments of the

army, of which, colonel George Washington of Virginia was appointed

commander in chief.[249]

[Footnote 249: Artemus Ward of Massachusetts, then

commanding the troops before Boston; Colonel Charles Lee,

lately an officer in the British service; and Israel Putnam

of Connecticut, were appointed major generals; Horatio

Gates, who had held the rank of major in the British

service, was appointed adjutant general.]

[Sidenote: Manifesto of congress.]

Bills of credit to the amount of three millions of dollars were

emitted for the purpose of defraying the expenses of the war, and the

faith of the twelve confederated colonies was pledged for their

redemption. Articles of war for the government of the continental army

were formed; though the troops were raised under the authority of the

respective colonies, without even a requisition from congress, except

in a few instances. A solemn dignified declaration, in form of a

manifesto, was prepared, to be published to the army in orders, and to

the people from the pulpit. After detailing the causes of their

opposition to the mother country, with all the energy of men feeling

the injuries of which they complain, the manifesto exclaims, "but why

should we enumerate our injuries in detail? By one statute, it is

declared that parliament can, of right, make laws to bind us in all

cases whatsoever! What is to defend us against so enormous, so

unlimited a power? Not a single man of those who assume it, is chosen

by us, or is subject to our control or influence: but, on the

contrary, they are, all of them, exempt from the operation of such

laws; and an American revenue, if not diverted from the ostensible

purposes for which it is raised, would actually lighten their own

burdens in proportion as they increase ours. We saw the misery to

which such despotism would reduce us. We, for ten years, incessantly

and ineffectually, besieged the throne as supplicants; we reasoned, we

remonstrated with parliament in the most mild and decent language."

The manifesto next enumerates the measures adopted by administration

to enforce the claims of Great Britain, and then adds,--"we are

reduced to the alternative of choosing an unconstitutional submission

to the tyranny of irritated ministers, or resistance by force.--The

latter is our choice. We have counted the cost of this contest, and

find nothing so dreadful as voluntary slavery. Honour, justice, and

humanity, forbid us tamely to surrender that freedom which we received

from our gallant ancestors, and which our innocent posterity have a

right to receive from us. We cannot endure the infamy and guilt of

resigning succeeding generations to that wretchedness which inevitably

awaits them, if we basely entail hereditary bondage upon them.

"Our cause is just. Our union is perfect. Our internal resources are

great; and, if necessary, foreign assistance is undoubtedly

attainable. We gratefully acknowledge, as signal instances of the

divine favour towards us, that his providence would not permit us to

be called into this severe controversy, until we were grown up to our

present strength, had been previously exercised in warlike operation,

and possessed of the means of defending ourselves. With hearts

fortified with these animating reflections, we most solemnly, before

God and the world, DECLARE that, exerting the utmost energy of those

powers which our beneficent creator hath graciously bestowed upon us,

the arms we have been compelled by our enemies to assume, we will, in

defiance of every hazard, with unabating firmness and perseverance,

employ for the preservation of our liberties; being with one mind

resolved to die freemen, rather than to live slaves.

"Lest this declaration should disquiet the minds of our friends and

fellow subjects in any part of the empire, we assure them that we mean

not to dissolve that union which has so long and so happily subsisted

between us, and which we sincerely wish to see restored. Necessity has

not yet driven us to that desperate measure, or induced us to excite

any other nation to war against them. We have not raised armies with

ambitious designs of separating from Great Britain, and establishing

independent states. We fight not for glory, or for conquest. We

exhibit to mankind the remarkable spectacle of a people attacked by

unprovoked enemies, without any imputation or even suspicion of

offence. _They_ boast of their privileges and civilization, and yet

proffer no milder conditions than servitude or death.

"In our own native land in defence of the freedom that is our birth

right, and which we ever enjoyed until the late violation of it, for

the protection of our property, acquired solely by the honest industry

of our forefathers, and ourselves, against violence actually offered,

we have taken up arms. We shall lay them down when hostilities shall

cease on the part of the aggressors, and all danger of their being

renewed shall be removed, and not before."

Some intelligence respecting the movements of the British army having

excited a suspicion that general Gage intended to penetrate into the

country, the provincial congress recommended it to the council of war

to take measures for the defence of Dorchester neck, and to occupy

Bunker's hill, a commanding piece of ground just within the peninsula

on which Charlestown stands. In observance of these instructions, a

detachment of one thousand men, commanded by colonel Prescott, was

ordered to take possession of this ground; but, by some mistake,

Breed's hill, situate nearer to Boston, was marked out, instead of

Bunker's hill, for the proposed intrenchments.

The party sent on this service worked with so much diligence and

secrecy that, by the dawn of day, they had thrown up a small square

redoubt, without alarming some ships of war which lay in the river at

no great distance. As soon as the returning light discovered this work

to the ships, a heavy cannonade was commenced upon it, which the

provincials sustained with firmness. They continued to labour until

they had thrown up a small breast work stretching from the east side

of the redoubt to the bottom of the hill, so as to extend considerably

their line of defence.

As this eminence overlooked Boston, general Gage determined to drive

the provincials from it; and for this purpose, detached major general

Howe, and brigadier general Pigot, at the head of ten companies of

grenadiers, and the same number of light infantry with a proper

proportion of field artillery. These troops landed at Moreton's point;

but, perceiving that the Americans waited for them with firmness, they

remained on their ground until the arrival of a reinforcement from

Boston, for which general Howe had applied. During this interval, the

Americans also were reinforced by a detachment under the command of

generals Warren and Pommeroy; and they availed themselves of this

delay to strengthen their defences with some adjoining posts and rails

which they pulled up and arranged in two parallel lines at a small

distance from each other; rilling the space between with hay, so as to

form a complete cover from the musketry of the assailants.

The British troops, on being joined by their second detachment,

advanced slowly, in two lines, under cover of a heavy discharge of

cannon and howitzers, frequently halting in order to allow their

artillery time to demolish the works. While they were advancing,

orders were given to set fire to Charlestown, a handsome village,

which flanked their line of march, and which was soon consumed.

It is not easy to conceive a spectacle more grand and more awful than

was now exhibited, nor a moment of more anxious expectation. The scene

of action was in full view of the heights of Boston and of its

neighbourhood, which were covered with spectators taking deep and

opposite interests in the events passing before them. The soldiers of

the hostile armies not on duty, the citizens of Boston, and the

inhabitants of the adjacent country; all feeling emotions which set

description at defiance, were witnesses of the majestic and tremendous

scene.

[Sidenote: Battle of Breed's hill.]

The provincials permitted the English to approach unmolested, within

less than one hundred yards of the works, and then poured in upon them

so deadly a fire that their line was broken, and they fell back with

precipitation towards the landing place. By the great exertions of

their officers, they were rallied and brought up to the charge; but

were again driven back in confusion by the heavy and incessant fire

from the works. General Howe is said to have been left, at one time,

almost alone; and it is certain that few officers about his person

escaped unhurt.

The impression to be made by victory or defeat in this early stage of

the war, was deemed so important that extraordinary exertions were

used once more to rally the English. With difficulty, they were led a

third time to the works. The redoubt was attacked on three sides,

while some pieces of artillery raked the breast work from end to end.

At the same time, a cross fire from the ships, and floating batteries

lying on both sides of the isthmus by which the peninsula is connected

with the continent, not only annoyed the works on Breed's hill, but

deterred any considerable reinforcements from entering the peninsula.

The ammunition of the Americans being nearly exhausted, they were no

longer able to keep up the same incessant stream of fire which had

twice repulsed the assailants; and the redoubt, which the English

mounted with ease, was carried at the point of the bayonet. Yet the

Americans, many of whom were without bayonets, are said to have

maintained the contest with clubbed muskets, until the redoubt was

half filled with the King's troops.

The redoubt being lost, the breast work was abandoned; and the

hazardous movement was accomplished, of retreating in the face of a

victorious enemy over Charlestown neck; exposed to the same cross

fire, which had deterred the reinforcements from coming to their

assistance.

The detachment employed on this enterprise consisted of about three

thousand men, composing the flower of the British army; and high

encomiums were bestowed on the resolution they displayed. According to

the returns, their killed and wounded amounted to one thousand and

fifty four,--an immense proportion of the number engaged in the

action. Notwithstanding the danger of the retreat over Charlestown

neck, the loss of the Americans was stated at only four hundred and

fifty men. Among the killed was Doctor Warren, a gentleman greatly

beloved and regretted, who fell just after the provincials began their

retreat from the breast work.

At the time, the colonial force on the peninsula was generally stated

at fifteen hundred men. It has been since estimated at four thousand.

Although the Americans lost the ground, they claimed the victory. Many

of the advantages of victory were certainly gained. Their confidence

in themselves was greatly increased; and it was asked, universally,

how many more such triumphs the invaders of their country could

afford?

The British army had been treated too roughly, to attempt farther

offensive operations. They contented themselves with seizing and

fortifying Bunker's hill, which secured the peninsula of Charlestown;

in which, however, they remained as closely blockaded as in that of

Boston.

The Americans were much elated by the intrepidity the raw troops had

displayed, and the execution they had done, in this engagement. They

fondly cherished the belief that courage, and dexterity in the use of

fire arms, would bestow advantages amply compensating the want of

discipline. Unfortunately for the colonies, this course of thinking

was not confined to the mass of the people. It seems to have extended

to those who guided the public councils, and to have contributed to

the adoption of a system, which, more than once, brought their cause

to the brink of ruin. They did not distinguish sufficiently between

the momentary efforts of a few brave men, brought together by a high

sense of the injuries which threatened their country, and carried into

action under the influence of keen resentments; and those steady

persevering exertions under continued suffering, which must be

necessary to bring an important war to a happy termination. Nor did

they examine with sufficient accuracy, several striking circumstances

attending the battle which had been fought. It is not easy to read the

accounts given of the action without being persuaded, that, had the

Americans on Breed's hill been supplied with ammunition, and been

properly supported; had the reinforcements ordered to their assistance

entered the peninsula, as soldiers in habits of obedience would have

done, and there displayed the heroic courage which was exhibited by

their countrymen engaged in defence of the works; the assailants must

have been defeated, and the flower of the British army cut to pieces.

It ought also to have been remarked that, while the few who were

endowed with more than a common portion of bravery, encountered the

danger of executing the orders they had received, the many were

deterred by the magnitude of that danger. But it is not by the few

that great victories are to be gained, or a country to be saved.

Amidst these hostile operations, the voice of peace was yet heard.

Allegiance to the King was still acknowledged; and a lingering hope

remained that an accommodation was not impossible. Congress voted a

petition to his majesty, replete with professions of duty and

attachment; and addressed a letter to the people of England, conjuring

them by the endearing appellations of "friends, countrymen, and

brethren," to prevent the dissolution of "that connexion which the

remembrance of former friendships, pride in the glorious achievements

of common ancestors, and affection for the heirs of their virtues, had

heretofore maintained." They uniformly disclaimed any idea of

independence, and professed themselves to consider union with England

on constitutional principles, as the greatest blessing which could be

bestowed on them.

But Britain had determined to maintain, by force, the legislative

supremacy of parliament; and America was equally determined, by force,

to repel the claim.

NOTES.

NOTE--No. I.--_See Page 195._

The annals of Massachusetts, for this period, exhibit one of those

wonderful cases of popular delusion, which infecting every class of

society, and gaining strength from its very extravagance; triumphing

over human reason, and cruelly sporting with human life; reveal to man

his deplorable imbecility, and would teach him, if the experience of

others could teach, never to countenance a departure from that

moderation, and those safe and sure principles of moral rectitude

which have stood the test of time, and have received the approbation

of the wise and good in all ages. A very detailed and interesting

account of the humiliating and affecting events here alluded to has

been given by Mr. Hutchinson, but is too long to be inserted entire in

this work; they were, however, of too much magnitude while passing, to

be entirely unnoticed even at this day.

In Great Britain, as well as in America, the opinion had long

prevailed that, by the aid of malignant spirits, certain persons

possessed supernatural powers, which were usually exercised in the

mischievous employment of tormenting others; and the criminal code of

both countries was disgraced with laws for the punishment of

witchcraft. With considerable intervals between them, some few

instances had occurred in New England of putting this sanguinary law

in force; but in the year 1692, this weakness was converted into

frenzy; and after exercising successfully its destructive rage on

those miserable objects whose wayward dispositions had excited the ill

opinion, or whose age and wretchedness ought to have secured them the

pity of their neighbours, its baneful activity was extended to persons

in every situation of life, and many of the most reputable members of

society became its victims.

The first scene of this distressing tragedy was laid in Salem. The

public mind had been prepared for its exhibition by some publications,

stating the evidence adduced in former trials for witchcraft both in

Old and New England, in which full proof was supposed to have been

given of the guilt of the accused. Soon after this, some young girls

in Boston had accustomed themselves to fall into fits, and had

affected to be struck dead on the production of certain popular books,

such as the _assembly's catechism_, and _Cotton's milk for babes_,

while they could read Oxford's jests, or popish and quaker books, with

many others, which were deemed profane, without being in any manner

affected by them. These pretences, instead of exposing the fraud to

instant detection, seem to have promoted the cheat; and they were

supposed to be possessed by demons who were utterly confounded at the

production of those holy books. "Sometimes," says Mr. Hutchinson,

"they were deaf, then dumb, then blind; and sometimes, all these

disorders together would come upon them. Their tongues would be drawn

down their throats, then pulled out upon their chins. Their jaws,

necks, shoulders, elbows, and all their joints would appear to be

dislocated, and they would make most piteous outcries of burnings, of

being cut with knives, beat, &c. and the marks of wounds were

afterwards to be seen." At length an old Irish woman, not of good

character, who had given one of those girls some harsh language, and

to whom all this diabolical mischief was attributed, was apprehended

by the magistracy; and neither confessing nor denying the fact, was,

on the certificate of physicians that she was _compos mentis_,

condemned and executed.

Sir William Phipps, the governor, on his arrival from England, brought

with him opinions which could not fail to strengthen the popular

prejudice, and the lieutenant governor supported one which was well

calculated to render it sanguinary. He maintained that though the

devil might appear in the shape of a guilty person, he could never be

permitted to assume that of an innocent one. Consequently, when those

who affected to perceive the form which tormented them designated any

particular person as guilty, the guilt of that person was established,

because he could not, if innocent, be personated by an evil spirit.

The public mind being thus predisposed, four girls in Salem complained

of being afflicted in the same manner with those in Boston. The

physicians, unable to account for the disorder, attributed it to

witchcraft, and an old Indian woman in the neighbourhood was selected

as the witch. The attention bestowed on these girls gave them great

importance; and not only confirmed them in the imposture, but produced

other competitors who were ambitious of the same distinction. Several

other persons were now bewitched; and not only the old Indian, but two

other old women, the one bedridden, and the other subject to

melancholy and distraction, were accused as witches. It was necessary

to keep up the agitation already excited, by furnishing fresh subjects

for astonishment; and in a short time, the accusations extended to

persons who were in respectable situations. The manner in which these

accusations were received, evidenced such a degree of public

credulity, that the impostors seem to have been convinced of their

power to assail with impunity, all whom caprice or malignity might

select for their victims. Such was the prevailing infatuation, that in

one instance, a child of five years old was charged as an accomplice

in these pretended crimes; and if the nearest relatives of the accused

manifested either tenderness for their situation, or resentment at the

injury done their friends, they drew upon themselves the vengeance of

these profligate impostors, and were involved in the dangers from

which they were desirous of rescuing those with whom they were most

intimately connected. For going out of church when allusions were made

from the pulpit to a person of fair fame, a sister was charged as a

witch; and for accompanying on her examination a wife who had been

apprehended, the husband was involved in the same prosecution, and was

condemned and executed. In the presence of the magistrates these

flagitious accusers affected extreme agony, and attributed to those

whom they accused, the power of torturing them by a look. The

examinations were all taken in writing, and several of them are

detailed at full length in Mr. Hutchinson's history of Massachusetts.

They exhibit a deplorable degree of blind infatuation on one side, and

of atrocious profligacy on the other, which if not well attested,

could scarcely be supposed to have existed.

Many persons of sober lives, and unblemished characters, were

committed to prison; and the public prejudices had already pronounced

their doom. Against charges of this nature, thus conducted, no defence

could possibly be made. To be accused was to be found guilty. The very

grossness of the imposition seemed to secure its success, and the

absurdity of the accusation to establish the verity of the charge.

The consternation became almost universal. It was soon perceived that

all attempts to establish innocence must be ineffectual; and the

person accused could only hope to obtain safety, by confessing the

truth of the charge, and criminating others. The extent of crime

introduced by such a state of things almost surpasses belief. Every

feeling of humanity is shocked when we learn that to save themselves,

children accused their parents; in some instances, parents their

children; and in one case, sentence of death was pronounced against a

husband on the testimony of his wife.

There were examples of persons who under the terrors of examination

confessed themselves guilty, and accused others; but unable afterwards

to support the reproaches of conscience, retracted their confessions

under the persuasion that death would be the consequence of doing so.

During this reign of popular frenzy, the bounds of probability were so

far transcended, that we scarcely know how to give credit to the well

attested fact, that among those who were permitted to save themselves

by confessing that they were witches, and joining in the accusation of

their parents, were to be found children from seven to ten years of

age! Among the numbers who were accused, only one person was

acquitted. For this he was indebted to one of the girls who would not

join the others in criminating him.

The examination had commenced in February, and the list of commitments

had swelled to a lamentable bulk by June, when the new charter having

arrived, commissioners of oyer and terminer were appointed for the

trial of persons charged with witchcraft. By this court, a

considerable number were condemned, of whom nineteen, protesting their

innocence, were executed. It is observed by Mr. Hutchinson, that those

who were condemned and not executed had most probably saved themselves

by a confession of their guilt.

Fortunately for those who were still to be tried, the legislature,

convened under the new charter, created a regular tribunal for the

trial of criminal as well as civil cases, and the court of

commissioners rose to sit no more. The first session of the regular

court for the trial of criminal cases was to be held in January, and

this delay was favourable to reflection and to the recovery of the

public reason. Other causes contributed to this event. There remained

yet in the various prisons of the colony, a vast number of women, many

of whom were of the most reputable families in the towns in which they

had resided. Allusion had been made to many others of the first rank,

and some had been expressly named by the bewitched and confessing

witches. A Mr. Bradstreet, who had been appointed one of the council,

and was son to the old governor of that name; but who as a justice of

the peace was suspected of not prosecuting with sufficient rigour, was

named by the witnesses as a confederate, and found it necessary to

abscond. The governor's lady it is said, and the wife of one of the

ministers who had favoured this persecution, were among the accused;

and a charge was also brought against the secretary of the colony of

Connecticut.

Although the violence of the torrent of prejudice was beginning to

abate, yet the grand jury in January, found a true bill against fifty

persons, but of those brought to trial, only three were condemned, and

they were not executed. All those who were not tried in January, were

discharged by order of the governor, "and never," says Mr. Hutchinson,

"has such a jail delivery been known in New England. And never was

there given a more melancholy proof of the degree of depravity of

which man is capable when the public passions countenance crime."

* * * * *

NOTE--No. II.--_See Page 291._

The PLAN of the Union was as follows, viz.

"It is proposed that humble application be made for an act of

parliament of Great Britain, by virtue of which one general government

may be formed in America, including all the said colonies:

[Massachusetts Bay, New Hampshire, Connecticut, Rhode Island, New

York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina,

and South Carolina] within and under which government, each colony may

retain its present constitution, except in the particulars wherein a

change may be directed by the said act, as hereafter follows:

PRESIDENT GENERAL AND GRAND COUNCIL.

That the said general government be administered by a president

general, to be appointed and supported by the crown, and a grand

council, to be chosen by the representatives of the people of the

several colonies, met in their assemblies.

ELECTION OF MEMBERS.

That within -- months after passing such act, the houses of

representatives that happen to be sitting within that time, or that

shall be especially for that purpose convened, may and shall choose

members for the grand council in the following proportion, that is to

say:

Massachusetts Bay 7

New Hampshire 2

Connecticut 5

Rhode Island 2

New York 4

New Jersey 3

Pennsylvania 6

Maryland 4

Virginia 7

North Carolina 4

South Carolina 4

--

48

PLACE OF FIRST MEETING.

Who shall meet for the first time at the city of Philadelphia, in

Pennsylvania, being called by the president general as soon as

conveniently may be after his appointment.

NEW ELECTION.

That there shall be a new election of the members of the grand council

every three years; and on the death or resignation of any member, his

place shall be supplied by a new choice, at the next sitting of the

assembly of the colony he represented.

PROPORTION OF THE MEMBERS AFTER THE FIRST THREE YEARS.

That after the first three years, when the proportion of money arising

out of each colony to the general treasury can be known, the number of

members to be chosen for each colony shall, from time to time, in all

ensuing elections, be regulated by that proportion (yet so as that the

number to be chosen by any one province be not more than seven, nor

less than two).

MEETINGS OF THE GRAND COUNCIL AND CALL.

That the grand council shall meet once in every year, and oftener, if

occasion require, at such time and place as they shall adjourn to at

the last preceding meeting, or as they shall be called to meet at by

the president general, on any emergency; he having first obtained in

writing the consent of seven of the members to such call, and sent due

and timely notice to the whole.

CONTINUANCE.

That the grand council have power to choose their speaker: and shall

neither be dissolved, prorogued, nor continued sitting longer than six

weeks at one time; without their own consent, or the special command

of the crown.

MEMBERS ATTENDANCE.

That the members of the grand council shall be allowed for their

services, ten shillings sterling per diem, during their session and

journey to and from the place of meeting; twenty miles to be reckoned

a day's journey.

ASSENT OF PRESIDENT GENERAL AND HIS DUTY.

That the assent of the president general be requisite to all acts of

the grand council; and that it be his office and duty to cause them to

be carried into execution.

POWER OF PRESIDENT GENERAL AND GRAND COUNCIL, TREATIES OF PEACE AND

WAR.

That the president general, with the advice of the grand council, hold

or direct all Indian treaties in which the general interest of the

colonies may be concerned; and make peace or declare war with Indian

nations.

INDIAN TRADE.

That they make such laws as they judge necessary for regulating all

Indian trade.

INDIAN PURCHASES.

That they make all purchases from the Indians for the crown, of lands

not now within the bounds of particular colonies, or that shall not be

within their bounds, when some of them are reduced to more convenient

dimensions.

NEW SETTLEMENTS.

That they make new settlements on such purchases by granting lands in

the king's name, reserving a quit rent to the crown, for the use of

the general treasury.

LAWS TO GOVERN THEM.

That they make laws for regulating and governing such new settlements,

until the crown shall think fit to form them into particular

governments.

RAISE SOLDIERS AND EQUIP VESSELS, &C.

That they raise and pay soldiers, build forts for the defence of any

of the colonies, and equip vessels of force to guard the coasts and

protect the trade on the ocean, lakes, or great rivers; but they shall

not impress men in any colony, without the consent of the legislature.

POWER TO MAKE LAWS, LAY DUTIES, &C.

That for these purposes they have power to make laws, and lay and levy

such general duties, imposts, or taxes, as to them shall appear most

equal and just, (considering the ability and other circumstances of

the inhabitants in the several colonies) and such may be collected

with the least inconvenience to the people; rather discouraging

luxury, than loading industry with unnecessary burdens.

GENERAL TREASURER AND PARTICULAR TREASURER.

That they may appoint a general treasurer and particular treasurer in

each government, when necessary; and from time to time may order the

sums in the treasuries of each government into the general treasury,

or draw on them for special payments, as they find most convenient.

MONEY, HOW TO ISSUE.

Yet no money to issue but by joint orders of the president general and

grand council, except where sums have been appropriated to particular

purposes, and the president general has been previously empowered by

an act to draw for such sums.

ACCOUNTS.

That the general accounts shall be yearly settled, and reported to the

several assemblies.

QUORUM.

That a quorum of the grand council, empowered to act with the

president general, do consist of twenty-five members; among whom there

shall be one or more from the majority of the colonies.

LAWS TO BE TRANSMITTED.

That the laws made by them for the purposes aforesaid, shall not be

repugnant, but, as near as may be, agreeable to the laws of England,

and shall be transmitted to the king in council, for approbation, as

soon as may be after their passing; and if not disapproved within

three years after presentation, to remain in force.

DEATH OF THE PRESIDENT GENERAL.

That in case of the death of the president general, the speaker of the

grand council for the time being shall succeed, and be vested with the

same powers and authorities, to continue until the king's pleasure be

known.

OFFICERS, HOW APPOINTED.

That all military commission officers, whether for land or sea

service, to act under this general constitution, shall be nominated by

the president general; but the approbation of the grand council is to

be obtained, before they receive their commissions. And all civil

officers are to be nominated by the grand council, and to receive the

president general's approbation before they officiate.

VACANCIES, HOW SUPPLIED.

But in case of vacancy, by death, or removal of any officer, civil or

military, under this constitution, the governor of the province in

which such vacancy happens, may appoint until the pleasure of the

president general and grand council can be known.

EACH COLONY MAY DEFEND ITSELF ON EMERGENCY, &C.

That the particular military as well as civil establishments in each

colony remain in their present state, the general constitution

notwithstanding; and that on sudden emergencies any colony may defend

itself, and lay the accounts of expense thence arising before the

president general and grand council, who may allow and order payment

of the same as far as they judge such accounts reasonable."

_Minot._

* * * * *

NOTE--No. III.--_See Page 370._

These being the first resolutions of any assembly after the passage of

the stamp act, they are inserted.

_Whereas_, The honourable house of commons in England have of late

drawn into question how far the general assembly of this colony hath

power to enact laws for laying taxes and imposing duties payable by

the people of this his majesty's most ancient colony, for settling and

ascertaining the same to all future times, the house of Burgesses of

the present general assembly have come to the several following

resolutions.

_Resolved_, That the first adventurers and settlers of this his

majesty's colony and dominion of Virginia, brought with them, and

transmitted to their posterity, and all others his majesty's subjects

since inhabiting in this his majesty's colony, all the privileges and

immunities that have at any time been held, enjoyed, and possessed by

the people of Great Britain.

_Resolved_, That by two royal charters granted by King James I. the

colonies aforesaid are declared entitled to all the privileges of

denizens, and natural born subjects, to all intents and purposes as if

they had been abiding and born within the realm of England.

_Resolved_, That the taxation of the people by themselves, or by

persons chosen by themselves, to represent them, who can only know

what taxes the people are able to bear, and the easiest mode of

raising them, and are equally affected by such taxes themselves, is

the distinguished characteristic of British freedom, and without which

the ancient constitution cannot subsist.

_Resolved_, That his majesty's liege people of this most ancient

colony have uninterruptedly enjoyed the right of being thus governed

by their own assembly in the article of their taxes and internal

police, and that the same hath never been forfeited nor any other way

yielded up, but hath been constantly recognised by the King and people

of Great Britain.

_Resolved_, Therefore, that the general assembly of this colony have

the sole power to lay taxes and impositions upon the inhabitants of

this colony; and that every attempt to vest such a power in any person

or persons whatsoever, other than the general assembly aforesaid, has

a manifest tendency to destroy British as well as American freedom.

* * * * *

NOTE--No. IV.--_See Page 371._

"The members of this congress, sincerely devoted with the warmest

sentiments of affection and duty, to his majesty's person and

government, inviolably attached to the present happy establishment of

the protestant succession, and with minds deeply impressed by a sense

of the present and impending misfortunes of the British colonies on

this continent; having considered, as maturely as time will permit,

the circumstances of the said colonies, esteem it our indispensable

duty to make the following declarations of our humble opinion,

respecting the most essential rights and liberties of the colonists,

and of the grievances under which they labour, by reason of several

late acts of parliament.

I. That his majesty's subjects in these colonies, owe the same

allegiance to the crown of Great Britain that is owing from his

subjects born within the realm, and all due subordination to that

august body the parliament of Great Britain.

II. That his majesty's liege subjects in these colonies, are entitled

to all the inherent rights and liberties of his natural born subjects,

within the kingdom of Great Britain.

III. That it is inseparably essential to the freedom of a people, and

the undoubted right of Englishmen, that no taxes be imposed on them,

but with their own consent, given personally, or by their

representatives.

IV. That the people of these colonies are not, and, from their local

circumstances, cannot be represented in the house of commons of Great

Britain.

V. That the only representatives of these colonies are persons chosen

therein by themselves, and that no taxes ever have been, or can be

constitutionally imposed upon them, but by their respective

legislatures.

VI. That all supplies to the crown being free gifts from the people,

it is unreasonable, and inconsistent with the principles and spirit of

the British constitution, for the people of Great Britain to grant to

his majesty the property of the colonists.

VII. That trial by jury is the inherent and invaluable right of every

British subject in these colonies.

VIII. That the late act of parliament entitled, 'an act for granting

and applying certain stamp duties, and other duties, in the British

colonies and plantations in America,' &c. by imposing taxes on the

inhabitants of these colonies; and the said act, and several other

acts, by extending the jurisdiction of the courts of admiralty beyond

its ancient limits, have a manifest tendency to subvert the rights and

liberties of the colonists.

IX. That the duties imposed by several late acts of parliament, from

the peculiar circumstances of these colonies, will be extremely

burdensome and grievous; and from the scarcity of specie, the payment

of them absolutely impracticable.

X. That as the profits of the trade of these colonies ultimately

centre in Great Britain, to pay for the manufactures which they are

obliged to take from thence, they eventually contribute very largely

to all supplies granted to the crown.

XI. That the restrictions imposed by several late acts of parliament

on the trade of these colonies, will render them unable to purchase

the manufactures of Great Britain.

XII. That the increase, prosperity, and happiness of these colonies

depend on the full and free enjoyment of their rights and liberties,

and an intercourse with Great Britain mutually affectionate and

advantageous.

XIII. That it is the right of the British subjects in these colonies

to petition the king, or either house of parliament.

XIV. That it is the indispensable duty of these colonies, to the best

of sovereigns, to the mother country, and to themselves, to endeavour,

by a loyal and dutiful address to his majesty, and humble applications

to both houses of parliament, to procure the repeal of the act for

granting and applying certain stamp duties, of all clauses of any

other acts of parliament, whereby the jurisdiction of the admiralty is

extended as aforesaid, and of the other late acts for the restriction

of American commerce."

_Prior Documents._

* * * * *

NOTE--No. V.--_See Page 383._

_Province of Massachusetts Bay, Feb. 11, 1768._

Sir,

The house of representatives of this province have taken into their

consideration the great difficulties that must accrue to themselves

and their constituents, by the operation of the several acts of

parliament imposing duties and taxes on the American colonies.

As it is a subject in which every colony is deeply interested, they

have no reason to doubt but your house is duly impressed with its

importance: and that such constitutional measures will be come into as

are proper. It seems to be necessary, that all possible care should be

taken that the representations of the several assemblies, upon so

delicate a point, should harmonise with each other: the house,

therefore, hope that this letter will be candidly considered in no

other light, than as expressing a disposition freely to communicate

their mind to a sister colony, upon a common concern, in the same

manner as they would be glad to receive the sentiments of your or any

other house of assembly on the continent.

The house have humbly represented to the ministry their own

sentiments; that his majesty's high court of parliament is the supreme

legislative power over the whole empire: that in all free states the

constitution is fixed: and, as the supreme legislative derives its

power and authority from the constitution, it cannot overleap the

bounds of it, without destroying its foundation; that the constitution

ascertains and limits both sovereignty and allegiance; and therefore,

his majesty's American subjects who acknowledge themselves bound by

the ties of allegiance, have an equitable claim to the full enjoyment

of the fundamental rules of the British constitution; that it is an

essential unalterable right in nature, ingrafted into the British

constitution as a fundamental law, and ever held sacred and

irrevocable by the subjects within the realm, that what a man hath

honestly acquired is absolutely his own, which he may freely give, but

cannot be taken from him without his consent; that the American

subjects may therefore, exclusive of any consideration of charter

rights, with a decent firmness adapted to the character of freemen and

subjects, assert this natural and constitutional right.

It is moreover their humble opinion, which they express with the

greatest deference to the wisdom of the parliament, that the acts made

there, imposing duties on the people of this province, with the sole

and express purpose of raising a revenue, are infringements of their

natural and constitutional rights; because as they are not represented

in the British parliament, his majesty's commons in Britain by those

acts grant their property without their consent.

This house further are of opinion, that their constituents,

considering their local circumstances, cannot by any possibility be

represented in the parliament; and that it will forever be

impracticable that they should be equally represented there, and

consequently not at all, being separated by an ocean of a thousand

leagues: that his majesty's royal predecessors, for this reason, were

graciously pleased to form a subordinate legislative here, that their

subjects might enjoy the unalienable right of a representation. Also,

that, considering the utter impracticability of their ever being fully

and equally represented in parliament, and the great expense that must

unavoidably attend even a partial representation there, this house

think, that a taxation of their constituents, even without their

consent, grievous as it is, would be preferable to any representation

that could be admitted for them there.

Upon these principles, and also considering that were the right in the

parliament ever so clear, yet for obvious reasons it would be beyond

the rule of equity, that their constituents should be taxed on the

manufactures of Great Britain here, in addition to the duties they pay

for them in England, and other advantages arising to Great Britain

from the acts of trade; this house have preferred a humble, dutiful,

and loyal petition to our most gracious sovereign, and made such

representation to his majesty's ministers, as they apprehend would

tend to obtain redress.

They have also submitted to consideration, whether any people can be

said to enjoy any degree of freedom, if the crown, in addition to its

undoubted authority of constituting a governor, should appoint him

such a stipend as it shall judge proper without the consent of the

people, and at their expense; and whether, while the judges of the

land, and other civil officers, hold not their commissions during good

behaviour, their having salaries appointed for them by the crown,

independent of the people, hath not a tendency to subvert the

principles of equity, and endanger the happiness and security of the

subject.

In addition to these measures, the house have written a letter to

their agent Mr. de Berdt, the sentiments of which he is directed to

lay before the ministry; wherein they take notice of the hardship of

the act for preventing mutiny and desertion, which requires the

governor and council to provide enumerated articles for the king's

marching troops and the people to pay the expense: and also the

commission of the gentlemen appointed commissioners of the customs to

reside in America, which authorises them to make as many appointments

as they think fit, and to pay the appointees what sums they please,

for whose malconduct they are not accountable: from whence it may

happen, that officers of the crown may be multiplied to such a degree,

as to become dangerous to the liberties of the people, by virtue of a

commission which doth not appear to this house to derive any such

advantages to trade as many have been led to expect.

These are the sentiments and proceedings of the house, and as they

have too much reason to believe that the enemies of the colonies have

represented them to his majesty's ministers and the parliament as

factious, disloyal, and having a disposition to make themselves

independent of the mother country, they have taken occasion in the

most humble terms, to assure his majesty and his ministers, that, with

regard to the people of this province, and, as they doubt not, of all

the colonies, the charge is unjust.

The house is fully satisfied, that your assembly is too generous and

enlarged in sentiment to believe, that this letter proceeds from an

ambition of taking the lead, or dictating to the other assemblies;

they freely submit their opinion to the judgment of others; and shall

take it kind in your house to point out to them anything further that

may be thought necessary.

This house cannot conclude without expressing their firm confidence in

the king, our common head and father, that the united and dutiful

supplications of his distressed American subjects will meet with his

royal and favourable acceptance.

* * * * *

NOTE--No. VI.--_See Page 410._

_An account of the origin of these committees, and of their mode of

proceeding, is thus given by Mr. Gordon, and is not unworthy of

attention._

"Governor Hutchinson and his adherents having been used to represent

the party in opposition, as only an uneasy factious few in Boston,

while the body of the people were quite contented; Mr. Samuel Adams

was thereby induced to visit Mr. James Warren, of Plymouth. After

conversing upon the subject, the latter proposed to originate and

establish committees of correspondence in the several towns of the

colony, in order to learn the strength of the friends to the rights of

the continent, and to unite and increase their force. Mr. Samuel Adams

returned to Boston, pleased with the proposal, and communicated the

same to his confidents. Some doubted whether the measure would

prosper, and dreaded a disappointment which might injure the cause of

liberty. But it was concluded to proceed. The prime managers were

about six in number, each of whom, when separate, headed a division;

the several individuals of which, collected and led distinct

subdivisions. In this manner the political engine has been

constructed. The different parts are not equally good and operative.

Like other bodies, its composition includes numbers who act

mechanically, as they are pressed this way or that way by those who

judge for them; and divers of the wicked, fitted for evil practices,

when the adoption of them is thought necessary to particular purposes,

and a part of whose creed it is, that in political matters the public

good is above every other consideration, and that all rules of

morality when in competition with it, may be safely dispensed with.

When any important transaction is to be brought forward, it is

thoroughly considered by the prime managers. If they approve, each

communicates it to his own division; from thence, if adopted, it

passes to the several subdivisions, which form a general meeting in

order to canvass the business. The prime managers being known only by

few to be the promoters of it, are desired to be present at the

debate, that they may give their opinion when it closes. If they

observe that the collected body is in general strongly against the

measure they wish to have carried, they declare it to be improper: is

it opposed by great numbers, but not warmly, they advise to a

re-consideration at another meeting, and prepare for its being then

adopted; if the opposition is not considerable, either in number or

weight of persons, they give their reasons, and then recommend the

adoption of the measure. The principal actors are determined on

securing the liberties of their country, or perishing in the attempt.

"The news of his majesty's granting salaries to the justices of the

superior court, afforded them a fair opportunity for executing the

plan of establishing committees of correspondence through the colony.

The most spirited pieces were published, and an alarm spread, that the

granting such salaries tended rapidly to complete the system of their

slavery.

"A town meeting was called, and a committee of correspondence

appointed, to write circular letters to all the towns in the province,

and to induce them to unite in measures. The committee made a report,

containing several resolutions contradictory to the supremacy of the

British legislature. After setting forth, that all men have a right to

remain in a state of nature as long as they please, they proceed to a

report upon the natural rights of the colonists as men, christians,

and subjects; and then form a list of infringements and violations of

their rights. They enumerate and dwell upon the British parliament's

having assumed the power of legislation for the colonies in all cases

whatsoever--the appointment of a number of new officers to superintend

the revenues--the granting of salaries out of the American revenue, to

the governor, the judges of the superior court, the king's attorney

and solicitor general. The report was accepted; copies printed; and

six hundred circulated through the towns and districts of the

province, with a pathetic letter addressed to the inhabitants, who

were called upon not to doze any longer, or sit supinely in

indifference, while the iron hand of oppression was daily tearing the

choicest fruits from the fair tree of liberty. The circular letter

requested of each town a free communication of sentiments on the

subjects of the report, and was directed to the select men, who were

desired to lay the same before a town meeting, which has been

generally practised, and the proceedings of the town upon the business

have been transmitted to the committee at Boston. This committee have

their particular correspondents in the several towns, who, upon

receiving any special information, are ready to spread it with

dispatch among the inhabitants. It consists of twenty-one persons of

heterogeneous qualities and professions, &c."

_Gordon's Hist. Am. War_, vol. I. p. 312.

* * * * *

NOTE--No. VII.--_See Page 425._

THE FOLLOWING IS A LIST OF THE MEMBERS COMPOSING THE FIRST CONGRESS:

_New Hampshire._

John Sullivan,

Nathaniel Fulsom.

_Massachusetts Bay._

James Bowdoin,

Thomas Cushing,

Samuel Adams,

John Adams,

Robert Treat Paine.

_Rhode Island and Providence Plantations._

Stephen Hopkins,

Samuel Ward.

_Connecticut._

Eliphalet Dyer,

Roger Sherman,

Silas Deane.

_From the city and county of New York, and other counties

in province of New York._

James Duane,

Henry Wisner,

John Jay,

Philip Livingston,

Isaac Low,

John Alsop.

_From the county of Suffolk, in the province of New York._

William Floyd.

_New Jersey._

James Kinsey,

William Livingston,

John Dehart,

Stephen Crane,

Richard Smith.

_Pennsylvania._

Joseph Galloway,

Charles Humphreys,

Samuel Rhoads,

George Ross,

John Morton,

Thomas Mifflin,

Edward Biddle,

John Dickinson.

_Newcastle, Kent, and Sussex, on Delaware._

Cesar Rodney,

Thomas M'Kean,

George Read.

_Maryland._

Robert Goldsborough,

Thomas Johnson,

William Paca,

Samuel Chase,

Matthew Tilghman.

_Virginia._

Peyton Randolph,

Richard Henry Lee,

George Washington,

Patrick Henry,

Richard Bland,

Benjamin Harrison,

Edmund Pendleton.

_North Carolina._

William Hooper,

Joseph Hughes,

Richard Caswell.

_South Carolina._

Henry Middleton,

John Rutledge,

Thomas Lynch,

Christopher Gadsden,

Edward Rutledge.

* * * * *

NOTE--No. VIII.--_See Page 425._

_These resolutions manifested a degree of irritation which had not

before been displayed. They are introduced in the following manner:_

"Whereas the power but not the justice, the vengeance but not the

wisdom of Great Britain, which of old persecuted, scourged, and exiled

our fugitive parents from their native shores, now pursues us their

guiltless children, with unrelenting severity; and whereas this, then

savage and uncultivated desert, was purchased by the toil and

treasure, or acquired by the blood and valour of those our venerable

progenitors; to us they bequeathed the dear bought inheritance; to our

care and protection they consigned it; and the most sacred obligations

are upon us to transmit the glorious purchase, unfettered by power,

unclogged with shackles, to our innocent and beloved offspring. On the

fortitude, on the wisdom, and on the exertions of this important day,

is suspended the fate of this new world, and of unborn millions. If a

boundless extent of continent, swarming with millions, will tamely

submit to live, move, and have their being at the arbitrary will of a

licentious minister, they basely yield to voluntary slavery, and

future generations shall load their memories with incessant

execrations. On the other hand, if we arrest the hand which would

ransack our pockets, if we disarm the parricide which points the

dagger to our bosoms, if we nobly defeat that fatal edict which

proclaims a power to frame laws for us in all cases whatsoever,

thereby entailing the endless and numberless curses of slavery upon

us, our heirs, and their heirs for ever; if we successfully resist

that unparalleled usurpation of unconstitutional power, whereby our

capital is robbed of the means of life; whereby the streets of Boston

are thronged with military executioners; whereby our coasts are lined,

and harbours crowded with ships of war; whereby the charter of the

colony, that sacred barrier against the encroachments of tyranny, is

mutilated, and in effect annihilated; whereby a murderous law is

framed to shelter villains from the hands of justice; whereby the

unalienable and inestimable inheritance, which we derived from nature,

the constitution of Britain, and the privileges warranted to us in the

charter of the province, is totally wrecked, annulled, and vacated:

Posterity will acknowledge that virtue which preserved them free and

happy; and while we enjoy the rewards and blessings of the faithful,

the torrent of panegyrists will roll our reputations to that latest

period, when the streams of time shall be absorbed in the abyss of

eternity.

"Therefore resolved," &c. &c. &c.

* * * * *

NOTE--No. IX.--_See Page 427._

"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 pretences, 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 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 VIII. colonists may be transported to England and tried

there upon accusations for treasons, and mis prisons and 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 North

America;' another entitled, 'An act for the better regulating the

government of the province of Massachusetts Bay in New England;' and

another act, 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,' &c. 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 the

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, unanimously, 1st, 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, unanimously, 2d, 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, unanimously, 3d, 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

enabled them to exercise and enjoy.

"Resolved, 4th, 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 purposes 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, unanimously, 5th 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, 6th, that they are entitled to the benefit of such of the

English statutes, as existed at the time of their colonisation; and

which they have, by experience, respectively found to be applicable to

their several local and other circumstances.

"Resolved, unanimously, 7th, 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, unanimously, 8th, 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, unanimously, 9th, 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, unanimously, 10th, 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, unanimously, 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. chap. 15, and 34.--5 Geo. III. chap.

25.--6 Geo. III. chap. 52.--7 Geo. III. chap. 41, and chap. 46.--8

Geo. III. chap. 22; which imposed 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;

authorise 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 12 Geo. III. chap. 24, intitled, '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 a jury of the vicinage, by

authorising the trial of any person charged with the committing of 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

intitled, 'an act for the better administration of justice,' &c.

"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 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 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."

END OF VOLUME I

The Life of George Washington, Vol. 1 Commander in Chief of the American Forces During the War which Established the Independence of his Country and First President of the United States · 第 15 / 15 章