The Declaration of Rights and Grievances |
1774 |
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In March, 1774, the British Parliament passed
what were called the Intolerable Acts or Coercive Acts by the
Americans. The Acts were designed specifically to punish the
colony of Massachusetts for defying British policies;
specifically, for the Boston Tea Party. Outrage in the Americas
over the Intolerable Acts led to the calling of the First
Continental Congress in September, 1774. During the First
Congress, which included representatives from all of the
colonies except Georgia, the delegates decided to take several
actions, including a boycott of British goods. It also drafted a
declaration to the King and Parliament, outlining the position
of the Congress. This work is the Declaration of Rights and
Grievances.
The Intolerable Acts, called "impolitic,
unjust, and cruel," included the Boston Port Act, the
Massachusetts Government Act, the Quartering Act, and the
Impartial Administration of Justice Act. The Boston Port Act
closed the port of Boston to trade; the Massachusetts Government
Act revoked the colony's charter and forbade town meetings; the
Quartering Act required colonists to house British soldiers on
demand; and the Impartial Administration of Justice Act removed
British officials from the jurisdiction of Massachusetts courts.
Another Act established Roman Catholicism and a new system of
government in the newly acquired colony of Quebec. |
Declaration and Resolves of the First Continental
Congress, October 1774
Whereas, since the close of the last war,
the British parliament, claiming a power of right to bind the people
of America by statute 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.
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.
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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, That the following acts of
Parliament are infringements and violations of the rights of the
colonists; and that the repeal of them is essentially necessary, in
order to restore harmony between Great Britain and the American
colonies, viz.:
The several Acts of 4 Geo. 3, ch. 15 & 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.
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.
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.
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.
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.
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.
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.