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