Declaration of the
First Continental Congress
(October 14, 1774)
American State Papers
Kolbe Library
Kolbe Home Whereas, since the close of the last war, the British
parliament, claiming a power of right to bind the people of America by statute
in all cases whatsoever, hath, in some acts expressly imposed taxes on them,
and in others, under various pretenses, 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.
2 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 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.
3 And whereas, in the last session of Parliament, three
statutes were made; one entitled "An act to discontinue, in such manner
and for such time as are therein mentioned, the landing and discharging,
lading, or shipping of goods, wares and merchandise, at the town, and within
the harbor of Boston in the province of Massachusetts-bay, in North
America;" another, entitled "An act for the better regulating the
government of the province of the Massachusetts-bay in New England;" and
another, entitled "An act for the impartial administration of justice, in
the cases of persons questioned for any act done by them in the execution of
the law, or for the suppression of riots and tumults, in the province of the
Massachusetts-bay, in New England." And another statute was then made,
"for making more effectual provision for the government of the province
of Quebec, etc. All which statutes are impolitic, unjust, and cruel, as well
as unconstitutional, and most dangerous and destructive of American rights.
4 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, & reasonable
petitions to the crown for redress, have been repeatedly treated with
contempt, by His Majesty's ministers of state:
5 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:
6 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:
8 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.
9 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.
10 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.
11 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.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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.
18 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.
19 Resolved, 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.:
20 The several Acts of 4 Geo. 3, ch. 15 & ch. 34; 5
Geo. 3, ch. 25; 6 Geo. 3, ch. 52; 7 Geo. 3, ch. 41 & 46; 8 Geo. 3, ch. 22;
which impose duties for the purpose of raising a revenue in America, extend
the powers of the admiralty courts beyond their ancient limits, deprive the
American subject of trial by jury, authorize the judges' certificate to
indemnify the prosecutor from damages that he might otherwise be liable to,
requiring oppressive security from a claimant of ships and goods seized before
he shall be allowed to defend his property; and are subversive of American
rights.
21 Also the 12 Geo. 3, ch. 24, entitled "An act for
the better preserving his Majesty's dockyards, magazines, ships, ammunition,
and stores," which declares a new offense in America, and deprives the
American subject of a constitutional trial by jury of the vicinage, by
authorizing the trial of any person charged with the committing any offense
described in the said act, out of the realm, to be indicted and tried for the
same in any shire or county within the realm.
22 Also the three acts passed in the last session of
parliament, for stopping the port and blocking up the harbor of Boston, for
altering the charter & government of the Massachusetts bay, and that which
is entitled "An Act for the better administration of Justice,"
&c.
23 Also the act passed 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 great a dissimilarity of Religion, law, and government, of the
neighboring British colonies by the assistance of whose blood and treasure the
said country was conquered from France.
24 Also the act passed the same session for the better
providing suitable quarters for officers and soldiers in his Majesty's service
in North America.
25 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 the army is kept, is against law.
26 To these grievous acts and measures Americans cannot
submit, but in hopes that their fellow subjects in Great Britain will, on a
revision of them, restore us to that state in which both countries found
happiness and prosperity, we have for the present only resolved to pursue the
following peaceable measures:
1st. To enter into a non-importation,
non-consumption, and non-exportation agreement or association.
2. To prepare
an address to the people of Great Britain, and a memorial to the inhabitants
of British America, &
3. To prepare a loyal address to his Majesty,
agreeable to resolutions already entered into.
Signed, PEYTON RANDOLPH, President.
October 1774
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