Force,American Archives, Fourth Series, I, 437, 438.
Force,American Archives, Fourth Series, I, 437, 438.
At a respectable Meeting of the Freeholdersand other Inhabitantsof the County of Westmoreland, assembled on due notice, at the Court House of the said County, on Wednesday, the 22d of June, 1774.
[The Reverend Mr. Thomas Smith, having been appointedModerator], Several papers containing the Proceedings of the late House of Burgesses of this Colony, and the subsequent determinations of the late Representatives after the House was dissolved, together with extracts of several Resolves of the Provinces of Massachusetts Bay, Maryland, etc., being read, the meeting proceeded seriously to consider the present dangerous and truly alarming crisis, when ruin is threatened to the ancient constitutional rights ofNorth America, and came to the following Resolves:
7th. This meeting do heartily concur with the late Representative body of this country, to disuse tea, and not purchase any other commodity of the East Indies,except saltpetre, until the grievances ofAmericaare redressed. (Cf. No. 125e, above.)
7th. This meeting do heartily concur with the late Representative body of this country, to disuse tea, and not purchase any other commodity of the East Indies,except saltpetre, until the grievances ofAmericaare redressed. (Cf. No. 125e, above.)
8th. We do most heartily concur in these preceding Resolves, and will, to the utmost of our power, take care that they are carried into execution; and that we will regard every man as infamous who now agree[s] to, and shall hereafter make a breach of all or any of them; subject however to such future alterations as shall be judged expedient, at a general meeting of Deputies from the several parts of this Colony, or a general Congress of all the Colonies.
9th. We do appointRichard Henry Lee, andRichard Lee, Esquires, the late Representatives of this county, to attend the general meeting of Deputies from all the counties [August 1]; and we desire that they do exert their best abilities to get these, our earnest desires for the security of public liberty, assented to.
10th. And as it may happen that the Assembly now called to meet on the 11th of August, may be prorogued to a future day, and many of the Deputies appointed to meet on the 1st of August, trusting to the certainty of meeting in Assembly on the 11th may fail to attend on the first, by which means decisive injury may arise to the common cause of liberty, by the general sense of the country not being early known at this dangerous crisis ofAmericanfreedom, we do, therefore, direct that our Deputies now chosen failnot to attend at Williamsburg, on the said 1st of August; and it is our earnest wish that the Deputies from other counties be directed to do the same, for the reasons above assigned.
[Other counties responded to this wish. Thus, seven days later, a "respectable meeting ofFreeholders and Freemenof the County of Richmond," called to choose and instruct delegates to the August Convention, did so with the following caution:"8th. This meeting do appoint Robert Wormeley Carter and Francis L. Lee, gentlemen, as their Deputies for the purposes afore said; and they do request them that they fail not to attend in Williamsburg on the said first day of August, and do not trust to meeting in Assembly on the 11th ... as it is in the power of Government either to prorogue the Assembly to a future day, or dissolve the same,—by which means the sense of this Colony may not be known." (Force, IV, 1, 492, 493.)]
[Other counties responded to this wish. Thus, seven days later, a "respectable meeting ofFreeholders and Freemenof the County of Richmond," called to choose and instruct delegates to the August Convention, did so with the following caution:
"8th. This meeting do appoint Robert Wormeley Carter and Francis L. Lee, gentlemen, as their Deputies for the purposes afore said; and they do request them that they fail not to attend in Williamsburg on the said first day of August, and do not trust to meeting in Assembly on the 11th ... as it is in the power of Government either to prorogue the Assembly to a future day, or dissolve the same,—by which means the sense of this Colony may not be known." (Force, IV, 1, 492, 493.)]
Force,American Archives, Fourth Series, I, 597-602.
Force,American Archives, Fourth Series, I, 597-602.
At a General Meeting of the Freeholders andother Inhabitantsof the County of Fairfax, at the Court House in the Town of Alexandria, on Monday, the 18th day of July, 1774.
Resolved, That this Colony and Dominion of Virginia cannot be considered as a conquered country, and, if it was, that the present inhabitants are the descendants, not of the conquered, but of the conquerors. That the same was not settled at the national expense of England, but at the private expense of the adventurers, our ancestors ... [and] that our ancestors ... brought with them, even if the same had not been confirmed by Charters, the civil Constitution and form of Government of the country they came from, and were by the laws of nature and Nations entitled to all its privileges, immunities, and advantages, which have descended to us, their posterity....
Resolved, That the most important and valuable part of the British Constitution, upon which its very existence depends, is the fundamental principle of the people's being governed byno laws to which they have not given their consent by Representatives freely chosen by themselves,who are affected by the laws they enact equally with their constituents, to whom they are accountable and whose burthens they share.
[The colonies "are not, and from their situation, cannot be, represented in the British Parliament"; and therefore "legislative power here can,of right, be exercised only by our Provincial Assemblies, orParliaments, subject to the assent or negative of the British crown ..."; but it is recognized as reasonable that the British Parliament should,in practice, regulate trade "for the general good of that great body politick of which we are a part, although in some degree repugnant to the principles of the Constitution," but only when such power is exercised "with wisdom and moderation."]
Resolved, That the claim lately assumed and exercised by theBritishParliament, for making all such laws as they think fit to govern the people of these Colonies, and to extort from us our money without our consent, is not only diametrically contrary to the first principles of the Constitution and the original compacts by which we are dependent upon theBritishCrown and Government, but is totally incompatible with the privileges of a free people and the natural rights of mankind, will render our own Legislatures merely nominal and nugatory, and is calculated to reduce us from a state of freedom and happiness to slavery and misery.
Resolved, That taxation and representation are in their nature inseparable; that the right of withholding, or of giving and granting their own money, is the only effectual security to a free people against the encroachments of despotism and tyranny; and that whenever they yield the one, they must quickly fall a prey to the other.
Resolved, That the powers over the people of America, now claimed by the British House of Commons,—in whose election we have no share; in whose determinations we have no influence; whose information must be always defective, and often false; who in many instances may have a separate, and in some an oppositeinterest to ours; and who are removed from those impressions of tenderness and compassion, arising from personal intercourse and connection, which soften the rigours of the most despotick Government, must, if continued, establish the most grievous and intolerable species of tyranny and oppression that ever was inflicted upon mankind.
Resolved, That it is our greatest wish and inclination, as well as interest, to continue our connection with, and dependence upon, the British Government; but though we are its subjects, we will use every means which Heaven hath given us to prevent our becoming its slaves.
Resolved, That the several Acts of Parliament for raising a revenue upon the people of America without their consent; the erecting new and dangerous jurisdictions here [the "special commissions"]; the taking away our trials by jury; the ordering persons, on criminal accusations, to be tried in another country than that in which the fact is charged to have been committed; the Act inflicting Ministerial vengeance upon the town of Boston; the two Bills lately brought into Parliament for abrogating the charter of Massachusetts Bay, andfor the protection and encouragement of murderersin the said Province,[123]are part of the above-mentioned iniquitous system....
Resolved, That nothing will so much contribute to defeat the pernicious designs of the common enemies of Great Britain and her Colonies, as a firm union of the latter, who ought to regard every act of violence or oppression inflicted upon any one of them, as aimed at all; and to effect this desirable purpose,that a Congress should be appointed, to consist of Deputies from all the Colonies, to concert a general and uniform plan forthe defence and preservation of our common rights, and continuing the connection and dependence of the said Colonies upon Great Britain, under a just, lenient, permanent, and constitutional form of Government.
Resolved, That ... all manner of luxury and extravagance ought immediately to be laid aside, as totally inconsistent with the threatening and gloomy prospect before us; that it is the indispensable duty of all the gentlemen and men of fortune to set examples of temperance, fortitude, frugality, and industry ... [and] that great care and attention should be had to the cultivation of flax, cotton, and other materials for manufactures; and we recommend it to such of the inhabitants as have large stocks of sheep, to sell to their neighbors at a moderate price, as the most certain means of speedily increasing our breed of sheep and quantity of wool.[124]
[Some pages of resolves as to non-importation with much of the detail afterward copied by the Continental Congress—especially the following provisions:—
"That the merchants and vendors of goods ought not to take advantage of our present distress, but continue to sell the goods and merchandise which they now have, or which may be shipped to them before the 1st of September next [when non-importation was recommended to begin], at the same rates and prices they have been accustomed to do within one year past; and that if any person shall sell such goods on anyother terms ... that no inhabitant of this colony should, at any time forever thereafter, deal with him, his agent, factor, or storekeeper, for any commodity whatsoever"; with provisions for depositing goods of later shippings with the committees of their counties,i.e., as adopted by the Continental Congress; resolutions against importing slaves, and against exporting lumber to the West Indies, and, after November 1, 1775 (unless redress of grievances should come), againstallexports to Great Britain. "And ... as the people will thereby be disabled from paying their debts, that no judgments should be rendered by the Courts ... for any debt, after imformation of the said measures being determined upon."]
Resolved, ThatGeorge Washington, Esquire, andCharles Broadwater, Gentleman, lately elected our Representatives to serve in the General Assembly, attend the Convention at Williamsburg, on the first day of August next, and present these Resolves as the sense of the people of this county upon measures proper to be taken in the present alarming and dangerous situation of America.
Resolved, That George Washington Esquire, [and 24 others] be a Committee for this county; that they, or a majority of them, on any emergency, have power to call a general meeting, and to concert and adopt such measures as may be thought most expedient and necessary.
Resolved, That a copy of these Proceedings be transmitted to the Printer at Williamsburg, to be published.
[It is possible to find in these instructions by Fairfax County to its delegates to Williamsburg almost every provision of the "Association" adopted three months later by the Continental Congress at Philadelphia. For a very large part of the two documents, the language is almost identical. Much alike as many such papers of the time were, it is impossible to read these two together without being convinced that the committee which framed the Association at Philadelphia had a copy of the Fairfax instructions before them.]
[10] Resolved that every kind of luxury, dissipation, and extravagance, ought to be banished from amongst us....
[12] Resolved That the African [Negro] trade is injurious to this Colony, obstructs the population of it by freemen, prevents manufactures and useful emigrants from Europe from settling amongst us and occasions an annual increase of the balance of trade against the colony.[125]
[14] Resolved that to be clothed in manufactures fabricated in this Colony ought to be considered as a badge and distinction of respect and true patriotism.
[Instructions to delegates for the August Convention, after urging appointment of Virginia delegates to a "General Congress of America," continue:—]
"That these Representatives be instructed to form a Declaration of American Rights [a page of suggestions follows].
[Thatimportsbe stopped at once, and thatexportsbe regulated by the General Congress when it comes.]
"That industry and frugality be adopted, in their largest extent, throughout this Colony; and that horse-racing, and every species of expensive amusement, be laid aside, as unsuitable to the situation of the country, and unbecoming men who feel for its distress."
[This county alone takes a royalist tone.]
Resolved, That we do not approve of the conduct of the people of Boston in destroying the tea ... and notwithstanding the tax on tea must be esteemed a violent infringement of one of the fundamental privileges ... yet we apprehend violence cannot justify violence. ... A desistance from the consumption of tea, and a confidence in the virtue of our countrymen, whose sense of the spirit of the law will no doubt induce a total disuse of it, are much more eligible means, and more probably will work a repeal of the Act, than disorders, outrages, and tumults.
Resolved, That we do not approve of the conduct of the people of Boston in destroying the tea ... and notwithstanding the tax on tea must be esteemed a violent infringement of one of the fundamental privileges ... yet we apprehend violence cannot justify violence. ... A desistance from the consumption of tea, and a confidence in the virtue of our countrymen, whose sense of the spirit of the law will no doubt induce a total disuse of it, are much more eligible means, and more probably will work a repeal of the Act, than disorders, outrages, and tumults.
John Adams' "Diary" (Works, II, 366 ff.).
John Adams' "Diary" (Works, II, 366 ff.).
[Sept.] 5. Monday. At ten the delegates all met at the City Tavern, and walked to the Carpenters' Hall, where they took a view of the room, and of the chamber where is an excellent library; there is also a long entry where gentlemen may walk, and a convenient chamber opposite to the library. The general cry was, that this was a good room, and the question was put, whether we were satisfied with this room? and it passed in the affirmative. A very few were for the negative, and they were chiefly from Pennsylvania and New York. Then Mr. Lynch arose, and said there was a gentleman present who had presided with great dignity over a very respectable society, greatly to the advantage of America, and he therefore proposed that the Honorable Peyton Randolph, Esquire, one of the delegates from Virginia, and the late Speaker of their House of Burgesses; should be appointed Chairman, and he doubted not it would be unanimous.
The question was put, and he was unanimously chosen.
Mr. Randolph then took the chair, and the commissions of the delegates were all produced and read.
Then Mr. Lynch proposed that Mr. Charles Thomson, a gentleman of family, fortune, and character in this city, should be appointed Secretary, which was accordingly done without opposition, though Mr. Duane and Mr. Jay discovered at first an inclination to seek further.
Mr. Duane then moved that a committee should be appointed to prepare regulations for this Congress. Several gentlemen objected.
I then arose and asked leave of the President to request of the gentleman from New York an explanation, and that he would point out some particular regulations which he had in his mind. He mentioned particularly the method of voting,whether it should be by Colonies, or by the poll, or by interests.
Mr. Henry then rose, and said this was the first General Congress which had ever happened; that no former Congress could be a precedent; that we should have occasion for more general congresses, and therefore that a precedent ought to be established now; that it would be great injustice if a little Colony should have the same weight in the councils of America as a great one, and therefore he was for a committee.
Major Sullivan [from New Hampshire] observed that a little Colony had its all at stake as well as a great one....
Mr.Henry.Government is dissolved. Fleets and armies and the present state of things show that government is dissolved. Where are your landmarks, your boundaries of Colonies? We are in a state of nature, sir....
The distinctions between Virginians Pennsylvanians, New Yorkers, and New Englanders, are no more. I am not a Virginian, but an American.
Slaves are to be thrown out of the question, and if the freemen can be represented according to their numbers, I am satisfied.
Mr.Lynch.I differ in one point from the gentleman from Virginia, that is, in thinking that numbers only ought to determine the weight of Colonies. I think that property ought to be considered, and that it ought to be a compound of numbers and property that should determine the weight of the Colonies.[126]
I think it cannot be now settled.
Mr.Lee.But one reason ... prevails with me [for favoring one vote to each colony] ... that we are not at this time provided with proper materials [to assign proper proportions]....
Mr.Gadsen.I can't see any way of voting but by Colonies.
Mr.Pendleton.If the committee should find themselves unable to ascertain the weight of the Colonies, by their numbers and property, they will report this, and this will lay the foundation for the Congress to take some other steps to procure evidence of numbers and property at some future time.
Mr Henry.I agree that authentic accounts cannot be had, if by authenticity is meant attestations of officers of the Crown.
I go upon the supposition that government is at an end. All distinctions are thrown down. All America is thrown into one mass. We must aim at the minutiæ of rectitude.
The argument that the delegates lacked information (such as a census would have provided) to arrange a proper apportionment of votes to different colonies prevailed. October 10, the Connecticut delegates wrote to the governor of their colony: "The mode of voting ... was first resolved upon; which was that each colony should have one voice; but, as this was objected to as unequal, an entry was made in the journals to prevent its being drawn into precedent in future."
The argument that the delegates lacked information (such as a census would have provided) to arrange a proper apportionment of votes to different colonies prevailed. October 10, the Connecticut delegates wrote to the governor of their colony: "The mode of voting ... was first resolved upon; which was that each colony should have one voice; but, as this was objected to as unequal, an entry was made in the journals to prevent its being drawn into precedent in future."
Diary, as above.
Diary, as above.
[Oct.] 10. Monday. The deliberations of the Congress are spun out to an immeasurable length. There is so much wit, sense, learning, acuteness, subtlety, eloquence, etc., among fifty gentlemen, each of whom has been habituated to lead and guide in his own Province, that an immensity of time is spent unnecessarily.
24. Monday. In Congress, nibbling and quibbling as usual. There is no greater mortification than to sit with half a dozen wits, deliberating upon a petition, address, or memorial. These great wits, these subtle critics, these refined geniuses, these learned lawyers, these wise statesmen, are so fond of showing their parts and powers, as to make their consultations very tedious. Young Ned Rutledge is a perfect Bob-o-Lincoln,—a swallow, a sparrow, a peacock; excessively vain, excessively weak, and excessively variable and unsteady; jejune, inane, and puerile. Mr. Dickinson is very modest, delicate, and timid. Spent the evening at home. Colonel Dyer, Judge Sherman, and Colonel Floyd came in, and spent the evening with Mr. [Samuel] Adams and me. Mr. Mifflin and General Lee came in. Lee's head is running upon his new plan of a battalion....
26. Wednesday. Dined at home. This day the Congress finished. Spent the evening together at the City Tavern; all the Congress, and several gentlemen of the town....
28. Friday. Took our departure, in a very great rain, from the happy, the peaceful, the elegant, the hospitable, and polite city of Philadelphia. It is not very likely that I shall ever see this part of the world again, but I shall ever retain a most grateful, pleasing sense of the many civilities I have received in it, and shall think myself happy to have an opportunity of returning them.
[Delegates from eleven colonies to the First Continental Congress assembled at Philadelphia, September 5, 1774. Delegates from North Carolina appeared on the 14th. Georgia was not represented. For elections and credentials, cf.American History and Government, § 141.]
[Delegates from eleven colonies to the First Continental Congress assembled at Philadelphia, September 5, 1774. Delegates from North Carolina appeared on the 14th. Georgia was not represented. For elections and credentials, cf.American History and Government, § 141.]
Journals of the Continental Congress(Ford edition), I, 63 ff. A committee, appointed on September 7, reported on the 22d. The report was taken up October 12, and adopted October 14.
Journals of the Continental Congress(Ford edition), I, 63 ff. A committee, appointed on September 7, reported on the 22d. The report was taken up October 12, and adopted October 14.
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 dependant 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 the Eighth, colonists may be transported to England, and tried there upon accusations for treasons and misprisions, or concealments of treasons committed in the colonies, and by a late statute, such trials have been directed in cases therein mentioned:
And whereas, in the last session of parliament, three statutes were made; one entitled, "An act to discontinue, in such manner and for such time as are therein mentioned, the landing and discharging, lading, or shipping of goods, wares and merchandize, 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 entitled, "An act for the impartial administration of justice, in the cases of persons questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachusetts-Bay in New England;" and another statute was then made, "for making more effectual provision for the government of the province of Quebec, etc." All which statutes are impolitic, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights:
And whereas, assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal, and reasonable petitions to the crown for redress, have been repeatedly treated with contempt, by his Majesty's ministers of state:
The good people of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies to meet, and sit in general Congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties, may not be subverted: Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties, DECLARE,
That the inhabitants of the English colonies in North-America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following RIGHTS:
Resolved, N. C. D.1. That they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent.
Resolved, N. C. D.2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural-born subjects, within the realm of England.
Resolved, N. C. D.3. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.
Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed: But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are,bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members; excluding every idea of taxation internal or external, for raising a revenue on the subjects, in America, without their consent.
Resolved, N. C. D.5. That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Resolved, N. C. D.7. That these, his majesty's colonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.
Resolved, N. C. D.8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal.
Resolved, N. C. D.9. That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that colony, in which such army is kept, is against law.
Resolved, N. C. D.10. It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative power in several colonies by a council appointed, during pleasure, bythe crown, is unconstitutional, dangerous and destructive to the freedom of American legislation.
All and each of which the aforesaid deputies, in behalf of themselves, and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties; which cannot be legally taken from them, altered or abridged by any power whatever, without their own consent, by their representatives in their several provincial legislatures.
In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America.
Resolved, N. C. D.That the following acts of parliament are infringements and violations of the rights of the colonists; and that the repeal of them is essentially necessary, in order to restore harmony between Great-Britain and the American colonies, viz.
The several acts of 4 Geo. III. ch. 15, and ch. 34.—5 Geo. III. ch. 25.—6 Geo. III. ch. 52.—7 Geo. III. ch. 41, and ch. 46.—8 Geo. III. ch. 22. which impose 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 judges certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized, before he shall be allowed to defend his property, are subversive of American rights.
Also 12 Geo. III. ch. 24. intituled, "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 jury of the vicinage, by authorising the trial of any person, charged with the committing any offence described in the said act, outof 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 entitled, "An act for the better administration of justice, etc."
Also the act passed in the same session for establishing the Roman Catholic religion, in the province of Quebec, abolishing, the equitable system of English laws, and erecting a tyranny there, to the great danger, (from so total a dissimilarity of religion, law and government) of the 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, by 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.
[This "Declaration" confines itself almost wholly, it will be observed, to "concrete" English rights, which had been infringed by recent acts of government. There is little suggestion of the more general principles soon to appear, first in the Virginia bill of rights and then in the Declaration of Independence. Advanced students will find in John Adams'Works(II, 373 ff.) an autobiographical extract,composed in 1804, giving Adams' recollections of the drawing up of the Declaration.]
[This "Declaration" confines itself almost wholly, it will be observed, to "concrete" English rights, which had been infringed by recent acts of government. There is little suggestion of the more general principles soon to appear, first in the Virginia bill of rights and then in the Declaration of Independence. Advanced students will find in John Adams'Works(II, 373 ff.) an autobiographical extract,composed in 1804, giving Adams' recollections of the drawing up of the Declaration.]
(October 20, 1774)
Journals of Congress(Ford edition), I, 75 ff. For conflict between this plan and Galloway's moderate proposal, cf.American History and Government, 141. The wording of much of the plan, and the efficient machinery for putting it in operation (Eleventh Article), were common property by this time. In particular, cf. No. 129b, above, and comment at close.
Journals of Congress(Ford edition), I, 75 ff. For conflict between this plan and Galloway's moderate proposal, cf.American History and Government, 141. The wording of much of the plan, and the efficient machinery for putting it in operation (Eleventh Article), were common property by this time. In particular, cf. No. 129b, above, and comment at close.
WE, his majesty's most loyal subjects, the delegates of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower counties of Newcastle, Kent and Sussex on Delaware,[127]Maryland, Virginia, North-Carolina, and South-Carolina, deputed to represent them in a continental Congress, held in the city of Philadelphia, on the fifth day of September, 1774, avowing our Allegiance to his majesty, our affection and regard for our fellow-subjects in Great Britain and elsewhere, affected with the deepest anxiety, and most alarming apprehensions, at those grievances and distresses with which his majesty's American subjects are oppressed; and having taken under our most serious deliberation the state of the whole continent, find, that the present unhappy situation of our affairs is occasioned by a ruinous system of colony administration, adopted by the British ministry about the year 1763, evidently calculated for inslaving these colonies, and, with them, the British Empire. In prosecution of which system, various acts of parliament have been passed, for raising a revenue in America, for depriving the American subjects, in many instances, of the constitutional trial by jury, exposing their lives to danger, by directing a new and illegal trial beyond the seas, for crimes alleged to have been committed in America: And in prosecution of the same system, several late, cruel, and oppressive acts have been passed, respecting the town of Boston and the Massachusetts-Bay, and also an actfor extending the province of Quebec, so as to border on the western frontiers of these colonies, establishing an arbitrary government therein, and discouraging the settlement of British subjects in that wide extended country; thus, by the influence of civil principles and ancient prejudices, to dispose the inhabitants to act with hostility against the free Protestant colonies, whenever a wicked ministry shall chuse so to direct them.
To obtain redress of these grievances, which threaten destruction to the lives, liberty, and property of his majesty's subjects, in North-America, we are of opinion, that a non-importation, non-consumption, and non-exportation agreement, faithfully adhered to, will prove the most speedy, effectual, and peaceable measure: And, therefore, we do, for ourselves, and the inhabitants of the several colonies, whom we represent, firmly agree and associate, under the sacred ties of virtue, honour and love of our country, as follows:
First, That from and after the first day of December next, we will not import, into British America, from Great-Britain or Ireland, any goods, wares, or merchandize whatsoever, or from any other place, any such goods, wares, or merchandize, as shall have been exported from Great-Britain or Ireland; nor will we, after that day, import any East-India tea from any part of the world; nor any molasses, syrups, paneles, coffee, or pimento, from the British plantations or from Dominica; nor wines from Madeira, or the Western Islands; nor foreign indigo.
Second, We will neither import nor purchase, any slave imported after the first day of December next; after which time, we will wholly discontinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it.
Third, As a non-consumption agreement, strictly adhered to, will be an effectual security for the observation of the non-importation, we, as above, solemnly agree and associate, thatfrom this day, we will not purchase or use any tea, imported on account of the East-India company, or any on which a duty hath been or shall be paid; and from and after the first day of March next, we will not purchase or use any East-India tea whatever; nor will we, nor shall any person for or under us, purchase or use any of those goods, wares, or merchandize, we have agreed not to import, which we shall know, or have cause to suspect, were imported after the first day of December, except such as come under the rules and directions of the tenth article hereafter mentioned.
Fourth, The earnest desire we have not to injure our fellow-subjects in Great-Britain, Ireland, or the West-Indies, induces us to suspend a non-exportation, until the tenth day of September, 1775; at which time, if the said acts and parts of acts of the British parliament herein after mentioned, are not repealed, we will not directly or indirectly, export any merchandize or commodity whatsoever to Great-Britain, Ireland, or the West-Indies, except rice to Europe.
Fifth, Such as are merchants, and use the British and Irish trade, will give orders, as soon as possible, to their factors, agents and correspondents, in Great-Britain and Ireland, not to ship any goods to them, on any pretence whatsoever, as they cannot be received in America; and if any merchant, residing in Great-Britain or Ireland, shall directly or indirectly ship any goods, wares or merchandize, for America, in order to break the said non-importation agreement, or in any manner contravene the same, on such unworthy conduct being well attested, it ought to be made public; and, on the same being so done, we will not, from thenceforth, have any commercial connexion with such merchant.
Sixth, That such as are owners of vessels will give positive orders to their captains, or masters, not to receive on board their vessels any goods prohibited by the said non-importation agreement, on pain of immediate dismission from their service.
Seventh, We will use our utmost endeavours to improve the breed of sheep, and increase their number to the greatestextent; and to that end, we will kill them as seldom as may be, especially those of the most profitable kind; nor will we export any to the West-Indies or elsewhere; and those of us, who are or may become overstocked with, or can conveniently spare any sheep, will dispose of them to our neighbours, especially to the poorer sort, on moderate terms.
Eighth, We will, in our several stations, encourage frugality, œconomy, and industry, and promote agriculture, arts and the manufactures of this country, especially that of wool; and will discountenance and discourage every species of extravagance and dissipation, especially all horse-racing, and all kinds of gaming, cock-fighting, exhibitions of shews, plays, and other expensive diversions and entertainments; and on the death of any relation or friend, none of us, or any of our families, will go into any further mourning-dress than a black crape or ribbon on the arm or hat, for gentlemen, and a black ribbon and necklace for ladies, and we will discontinue the giving of gloves and scarves at funerals.
Ninth, Such as are venders of goods or merchandize will not take advantage of the scarcity of goods that may be occasioned by this association, but will sell the same at the rates we have been respectively accustomed to do, for twelve months last past.—And if any vender of goods or merchandize shall sell such goods on higher terms, or shall, in any manner, or by any device whatsoever, violate or depart from this agreement, no person ought, nor will any of us deal with any such person, or his or her factor or agent, at any time thereafter, for any commodity whatever.
Tenth, In case any merchant, trader, or other person, shall import any goods or merchandize, after the first day of December, and before the first day of February next, the same ought forthwith, at the election of the owner, to be either re-shipped or delivered up to the committee of the county or town, wherein they shall be imported, to be stored at the risque of the importer, until the non-importation agreement shall cease, or be sold under the direction of the committee aforesaid;and in the last-mentioned case, the owner or owners of such goods shall be reimbursed out of the sales, the first cost and charges, the profit, if any, to be applied towards relieving and employing such poor inhabitants of the town of Boston, as are immediate sufferers by the Boston port-bill; and a particular account of all goods so returned, stored, or sold, to be inserted in the public papers; and if any goods or merchandizes shall be imported after the said first day of February, the same ought forthwith to be sent back again, without breaking any of the packages thereof.
Eleventh, That a committee be chosen in every county, city, and town, by those who are qualified to vote for representatives in the legislature, whose business it shall be attentively to observe the conduct of all persons touching this association; and when it shall be made to appear, to the satisfaction of a majority of any such committee, that any person within the limits of their appointment has violated this association, that such majority do forthwith cause the truth of the case to be published in the gazette; to the end, that all such foes to the rights of British-America may be publicly known, and universally contemned as the enemies of American liberty; and thenceforth we respectively will break off all dealings with him or her.
Twelfth, That the committee of correspondence, in the respective colonies, do frequently inspect the entries of their custom-houses, and inform each other, from time to time, of the true state thereof, and of every other material circumstance that may occur relative to this association.
Thirteenth, That all manufactures of this country be sold at reasonable prices, so that no undue advantage be taken of a future scarcity of goods.
Fourteenth, And we do further agree and resolve, that we will have no trade, commerce, dealings or intercourse whatsoever, with any colony or province, in North-America, which shall not accede to, or which shall hereafter violate this association, but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of their country.
And we do solemnly bind ourselves and our constituents, under the ties aforesaid, to adhere to this association, until such parts of the several acts of parliament, passed since the close of the last war, as impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pimento, indigo, foreign paper, glass, and painters colours, imported into America, and extend the powers 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, from a trial by his peers, require oppressive security from a claimant of ships or goods seized, before he shall be allowed to defend his property, are repealed.—And until that part of the act of the 12. G. 3. ch. 24. entitled, "An act for the better securing his majesty's dockyards, magazines, ships, ammunition, and stores," by which any persons charged with committing any of the offences therein described, in America, may be tried in any shire or county within the realm, is repealed—and until the four acts, passed the last session of parliament, viz. that for stopping the port and blocking up the harbour of Boston—that for altering the charter and government of the Massachusetts-Bay—and that which is entitled, "An act for the better administration of justice, etc."—and that "For extending the limits of Quebec, etc." are repealed. And we recommend it to the provincial conventions, and to the committees in the respective colonies, to establish such farther regulations as they may think proper, for carrying into execution this association.