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1774.]

ADVICE TO THE PEOPLE OF BOSTON.

115

the inhabitants would best serve the common cause by quitting the town, or remaining in it, whereupon a committee was appointed to write to General Gage and urge him to discontinue the fortifications round Boston, to restore a free communication between the town and the country, and to prevent the further injuries and insults by the troops under his command.

They also resolved that Congress approved the opposition of the inhabitants of Massachusetts Bay to the execution of the late acts of Parliament, and that, if their execution by force should be attempted, “all America ought to support them in their opposition."

By other resolutions they expressed their opinion that the removal of the people of Boston into the country should be adopted only after great deliberation; but, in case it was found necessary, that all America ought to contribute to compensate them for the loss and injury sustained.

That Congress recommended them to submit to a suspension of the administration of justice, when it could not be procured in a legal and peaceable manner.

And lastly, that every one acting under any authority, derived from the Act of Parliament which changed the form of government of Massachusetts, ought to be held in detestation and abhorrence.

Having, in their letter to General Gage, given him assurance of the peaceable disposition of the inhabitants of Boston, Congress advised those inhabitants still to conduct themselves peaceably towards that officer, and the troops stationed. in Boston, as far as was consistent with their immediate safety and the security of the town.

The reports made upon the rights and grievances of the colonies by the committees to whom they had been respectively referred, having been amalgamated after

116

THE RIGHTS OF THE COLONIES. [CHAP. II.

they had been several days under discussion, on the fourteenth of October Congress adopted a preamble and ten resolutions setting forth the rights of the colonies. To these they subjoin a specification of the several acts of Parliament which they regard as violations of those rights, and the repeal of which they declare necessary to the restoration of harmony between Great Britain and the colonies.

The rights thus asserted were as follows:

1. The right to life, liberty, and property, which they have never ceded to any sovereign power whatever.

2. That their ancestors, when they emigrated from England, were entitled to the rights, liberties and immunities of natural-born subjects.

3. That by such emigration they neither surrendered nor forfeited any of those rights.

4. That the foundation of English liberty and of all government is a right in the people to participate in their legislative council; and as the English colonists cannot be represented in the English Parliament, they are entitled to an exclusive power of legislation, in all cases of taxation and internal polity, subject only to the negative of their sovereigns-but from the necessity of the case and a regard to the mutual interests of both countries, they consent to the operation of such acts as are restricted to the regulation of their internal commerce, "excluding every idea of taxation, internal or external, for raising a revenue on the subjects in America without their consent.

5. That the colonies are entitled to the benefit of the English common law, especially to the privilege of being tried by the peers of the vicinage.

6. That they are entitled to the benefit of such English statutes as were in force when the colonies were

1774.]

RIGHTS OF THE COLONIES.

117

planted, and which experience has shown to be suited to their circumstances.

7. That they are entitled to the immunities and privileges granted to them by royal charters, or secured by their several codes of provincial laws.

8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, &c., for the same are illegal.

9. That a standing army in any colony, without the consent of its legislature, is against law.

10. That it is necessary to good government, and essential by the English Constitution, that the constituent branches of the legislature be independent of each other; that therefore the exercise of legislative power by a council appointed, during pleasure, by the Crown, is unconstitutional, and destructive to the freedom of American legislation.

Of the preceding articles all were passed unanimously, except the fourth and the sixth. To the fourth the deputies from Massachusetts, and some of those from other colonies,' dissented, because they did not admit the right of Parliament to impose duties for the regulation of trade.

This subject was very warmly debated in committee, some denying the authority of Parliament in any case; others denying it only in taxation; and others again confining their denial to internal taxation, but admitting it when external, or for the regulation of trade.2

1

1 Among them were Roger Sherman, of Connecticut, and Christopher Gadsden, of South Carolina, according to Mr. Adams.—IÌ. Diary, p. 343, 379.

2 Vol. II. Adams's Diary, 374.

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OBNOXIOUS ACTS OF PARLIAMENT.

[CHAP. II.

It does not appear on what ground there was a difference of opinion as to the sixth article.1

Passing over previous infringements of their rights, they confine themselves, for the present, to the notice of those acts of the legislature and government of Great Britain which have violated the rights of the colonists. since the peace of 1763.

These are acts of Parliament passed in the fourth, fifth, seventh and eighth of George the Third, for raising a revenue in America; which extend the power of the admiralty courts; deprive the American subject of the right of trial by jury; authorise the judge's certificate to indemnify the prosecutor; and require appropriate security from a claimant of goods seized.

Also the act for the better securing His Majesty's dock-yards, &c., which declares a new offence in America, and deprives the American subject of trial by a jury of the vicinage.

Also the acts for stopping the port and blocking up the harbor of Boston; and for altering the charter of Massa chusetts; and the act for the better administration of justice;

Also the act for establishing the Roman Catholic religion in the province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there.

Also the act for quartering officers and soldiers in the colonies.

Also the keeping a standing army, in time of peace, in several of the colonies.

1

To these grievous measures they say they cannot

Probably because it was not supported by the same self-evident and conclusive reasoning as the rest, or because it was pregnant with future controversy.

1774.]

ARTICLES OF ASSOCIATION.

119

submit; but in the hope that their fellow-subjects in Great Britain will restore them to that state in which which both countries found happiness and prosperity, they will for the present enter into a non-importation, non-consumption, and non-exportation association; and prepare addresses to the people of Great Britain, to the inhabitants of British America, and to His Majesty.

The articles of association, fourteen in all, were adopted on the twentieth of October, and signed by the members. By these articles, they agreed that after the first of December they would import no British merchandize or tea, nor products of the British West Indies, nor wines from Madeira or the Western Islands, nor foreign indigo; nor purchase any tea imported after that day, when they would discontinue the slave trade.

From that date-October the twentieth-they would not purchase or use any tea on which a duty had been paid; and from the first of March they would not purchase or use any tea whatever.

After the tenth day of September, 1775, if the obnoxious acts of Parliament were not repealed, they would export no merchandize to Great Britain, Ireland, or the West Indies, except rice to Europe. Merchants are required to co-operate in the execution of this non-importation agreement by giving the requisite orders to their correspondents abroad, and the masters of their vessels.

They would endeavor to improve the breed of sheep, and to increase their number.

They would encourage frugality and industry; promote agriculture, arts and manufactures; abstain from idle amusements, as cock-fighting, horse-racing, and gaming, and from useless expense in mourning and at funerals.

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