Resolved, that it be an instruction to the said deputies, when assembled in general congress with the deputies from the other states of British America, to propose to the said congress that an humble and dutiful address be presented to his majesty, begging leave to lay before him, as chief magistrate of the British empire, the united complaints of his majesty's subjects in America; complaints which are excited by many unwarrantable encroachments and usurpations, attempted to be made by the legislature of one part of the empire, upon those rights which God and the laws have given equally and independently to all. To represent to his majesty that these his states have often individually made humble application to his imperial throne to obtain, through its intervention, some redress of their injured rights, to none of which was ever even an answer condescended; humbly to hope that this their joint address, penned in the language of truth, and divested of those expressions of servility which would persuade his majesty that we are asking favours, and not rights, shall obtain from his majesty a more respectful acceptance. And this his majesty will think we have reason to expect when he reflects that he is no more than the chief officer of the people, appointed by the laws, and circumscribed with definite powers, to assist in working the great machine of government, erected for their use, and consequently subject to their superintendance. And in order that these our rights, as well as the invasions of them, may be laid more fully before his majesty, to take a view of them from the origin and first settlement of these countries.
To remind him that our ancestors, before their emigration to
America, were the free inhabitants of the British dominions in Europe, and
possessed a right which nature has given to all men, of departing from the
country in which chance, not choice, has placed them, of going in quest of new
habitations, and of there establishing new societies, under such laws and
regulations as to them shall seem most likely to promote
But that not long were they permitted, however far they thought themselves removed from the hand of oppression, to hold undisturbed the rights thus acquired, at the hazard of their lives, and loss of their fortunes. A family of princes was then on the British throne, whose treasonable crimes against their people brought on them afterwards the exertion of those sacred and sovereign rights of punishment reserved in the hands of the people for cases of extreme necessity, and judged by the constitution unsafe to be delegated to any other judicature. While every day brought forth some new and unjustifiable exertion of power over their subjects on that side the water, it was not to be expected that those here, much less able at that time to oppose the designs of despotism, should be exempted from injury.
Accordingly that country, which had been acquired by the
lives, the labours, and the fortunes, of individual adventurers, was by these
princes, at several times, parted out and distributed among the favourites and
followers
Note: 1632 Maryland was granted to lord Baltimore,14. c. 2. Pennsylvania to
Penn, and the province of Carolina was in the year 1663 granted by letters
patent of majesty, king CharlesII. in the 15th year of his reign, in propriety,
unto the righthonourable Edward earl of Clarendon, George duke of
Albemarle,William earl of Craven, John lord Berkeley, Anthony lord Ashley,sir
George Carteret, sir John Coletone, knight and baronet, andsir William
Berkeley, knight; by which letters patent the laws ofEngland were to be in
force in Carolina: But the lords proprietorshad power,
with the consent of the inhabitants
, to make bye-laws for the better government of the said province; so that no
moneycould be received, or law made, without the consent of theinhabitants, or
their representatives.
of their fortunes, and, by an assumed right of the crown alone, were erected
into distinct and independent governments; a measure which
That the exercise of a free trade with all parts of the
world, possessed by the American colonists, as of natural right, and which no
law of their own had taken away or abridged, was next the object of unjust
encroachment. Some of the colonies having thought proper to continue the
administration of their government in the name and under the authority of his
majesty king Charles the first, whom, notwithstanding his late deposition by
the commonwealth of England, they continued in the sovereignty of their state;
the parliament for the commonwealth took the same in high offence, and assumed
upon themselves the power of prohibiting their trade with all other parts of
the world, except the island of Great Britain. This arbitrary act, however,
they soon recalled, and by solemn treaty, entered into on the 12th day of
March, 1651, between the said commonwealth by their commissioners, and the
colony of Virginia by their house of burgesses, it was expressly stipulated, by
the 8th article of the said treaty, that they should have "free trade as the
people of England do enjoy to all places and with all nations, according to the
laws of that commonwealth." But that, upon the restoration of his majesty king
Charles the second, their rights of free commerce fell once more a victim to
arbitrary power; and by several acts
Note: 12. c. 2. c. 18. 15.c. 2. II. 25. c. 2. c. 7. 7. 8. W. M. c. 22. II. W.
3.4. Anne. 6. G. 2. c. 13.
of his reign, as well as of some of his successors, the trade of the colonies
was laid under such restrictions, as shew what hopes they might form from the
justice of a British parliament, were its uncontrouled power admitted over
these states. History has informed us that bodies of men, as well as
individuals, are susceptible of the spirit of tyranny. A view of these acts of
parliament for regulation, as it has been affectedly called, of the American
trade, if all other evidence were removed out of the case, would undeniably
evince the truth of this observation. Besides the duties they impose on our
That these exercises of usurped power have not been confined to instances alone, in which themselves were interested, but they have also intermeddled with the regulation of the internal affairs of the colonies. The act of the 9th of Anne for establishing a post office in America seems to have had little connection with British convenience, except that of accommodating his majesty's ministers and favourites with the sale of a lucrative and easy office.
That thus have we hastened through the reigns which preceded his majesty's, during which the violations of our right were less alarming, because repeated at more distant intervals than that rapid and bold succession of injuries which is likely to distinguish the present from all other periods of American story. Scarcely have our minds been able to emerge from the astonishment into which one stroke of parliamentary thunder has involved us, before another more heavy, and more alarming, is fallen on us. Single acts of tyranny may be ascribed to the accidental opinion of a day; but a series of oppressions, begun at a distinguished period, and pursued unalterably through every change of ministers, too plainly prove a deliberate and systematical plan of reducing us to slavery.
That the act
Note: 4. G. 3. c. 15.
passed in the 4th year of his majesty's reign, intitled "An act for granting
certain duties in the British colonies and plantations in America, &c."
One other act
Note: 5. G. 3. c. 12.
,passed in the 5th year of his reign, intitled "An act for granting and
applying certain stamp duties and other duties in the British colonies and
plantations in America, &c."
One other act
Note: 6. G. 3. c. 12.
,passed in the 6th year of his reign, intituled "An act for the better securing
the dependency of his majesty's dominions in America upon the crown and
parliament of Great Britain;" and one other act
Note: 7. G. 3.
, passed in the 7th year of his reign, intituled "An act for granting duties on
paper, tea, &c." form that connected chain of parliamentary usurpation,
which has already been the subject of frequent applications to his majesty, and
the houses of lords and commons of Great Britain; and no answers having yet
been condescended to any of these, we shall not trouble his majesty with a
repetition of the matters they contained.
But that one other act
Note: 7. G. 3. c. 59.
, passed in the same 7th year of the reign, having been a peculiar attempt,
must ever require peculiar mention; it is intituled "An act for suspending the
legislature of New York." One free and independent legislature hereby takes
upon itself to suspend the powers of another, free and independent as itself;
thus exhibiting a ph;oenomenon unknown in nature, the creator and creature of
its own power. Not only the principles of common sense, but the common
feelings of human nature, must be surrendered up before his majesty's subjects
here can be persuaded to believe that they hold their political existence at
the will of a British parliament. Shall these governments be dissolved, their
property annihilated, and their people reduced to a state of nature, at the
imperious breath of a body of men, whom they never saw, in whom they never
confided, and over whom they have no powers of punishment or removal, let their
crimes against the American public be ever so great? Can any one reason be
That by "an act
Note: 14. G. 3.
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," which was passed at the last session of British
parliament; a large and populous town, whose trade was their sole subsistence,
was deprived of that trade, and involved in utter ruin. Let us for a while
suppose the question of right suspended, in order to examine this act on
principles of justice: An act of parliament had been passed imposing duties on
teas, to be paid in America, against which act the Americans had protested as
inauthoritative. The East India company, who till that time had never sent a
pound of tea to America on their own account, step forth on that occasion the
assertors of parliamentary right, and send hither many ship loads of that
obnoxious commodity. The masters of their several vessels, however, on their
arrival in America, wisely attended to admonition, and returned with their
cargoes. In the province of New England alone the remonstrances of the people
were disregarded, and a compliance, after being many days waited for, was
flatly refused. Whether in this the master of the vessel was governed by his
obstinancy, or his instructions, let those who know, say. There are
extraordinary situations which require extraordinary interposition. An
exasperated people, who feel that they possess power, are not easily restrained
within limits strictly regular. A number of them assembled in the town of
Boston, threw the tea into the ocean, and dispersed without doing any
By the act
Note: 14. G. 3.
for the suppression of riots and tumults in the town of Boston, passed also in
the last session of parliament, a murder committed there is, if the governor
pleases, to be tried in the court of King's Bench, in the island of Great
Britain, by a jury of Middlesex. The witnesses, too, on receipt of such a sum
as the governor shall think it reasonable for them to expend, are to enter into
recognizance to appear at the trial. This is, in other words, taxing them to
the amount of their recognizance, and that amount may be whatever a governor
pleases; for who does his majesty think can be prevailed on to cross the
Atlantic for the sole purpose of bearing evidence to a fact? His expences are
to be borne, indeed, as they shall be estimated by a governor; but who are to
feed the wife and children whom he leaves behind, and who have had no other
subsistence but his daily labour? Those epidemical disorders, too, so terrible
in a foreign climate, is the cure of them to be estimated among the articles of
expence, and their danger to be warded off by the almighty power of parliament?
And the wretched criminal, if he happen to have offended on the American side,
stripped of his privilege of trial by peers of his vicinage, removed from the
place where alone full evidence could be obtained, without money, without
counsel, without friends, without exculpatory proof, is tried before judges
predetermined to condemn. The cowards who would suffer a countryman to be torn
from the bowels of their society, in order to be thus offered a sacrifice to
parliamentary tyranny, would merit that everlasting infamy now fixed on the
authors of the act! A clause
Note: 12. G. 3. c. 24.
for a similar purpose had been introduced into an act, passed in the 12th year
of his majesty's reign, intitled "An act for the better securing and preserving
his majesty's dockyards, magazines, ships, ammunition, and stores;" against
which, as meriting the same censures, the several colonies have already
protested.
That these are the acts of power, assumed by a body of men, foreign to our constitutions, and unacknowledged by our laws, against which we do, on behalf of the inhabitants of British America, enter this our solemn and determined protest; and we do earnestly entreat his majesty, as yet the only mediatory power between the several states of the British empire, to recommend to his parliament of Great Britain the total revocation of these acts, which, however nugatory they be, may yet prove the cause of further discontents and jealousies among us.
That we next proceed to consider the conduct of his majesty,
as holding the executive powers of the laws of these states, and mark out his
deviations from the line of duty: By the constitution of Great Britain, as well
as of the several American states, his majesty possesses the power of refusing
to pass into a law any bill which has already passed the other two branches of
legislature. His majesty, however, and his ancestors, conscious of the
impropriety of opposing their single opinion to the united wisdom of two houses
of parliament, while their proceedings were unbiassed by interested principles,
for several ages past have modestly declined the exercise of this power in that
part of his empire called Great Britain. But by change of circumstances, other
principles than those of justice simply have obtained an influence on their
determinations; the addition of new states to the British empire has produced
an addition of new, and sometimes opposite interests. It is now, therefore,
the great office of his majesty, to resume the exercise of his negative power,
and to prevent the passage of laws by any one legislature of the empire, which
might bear injuriously on the rights and interests of another. Yet this will
not excuse the wanton exercise of this power which we have seen his majesty
practise on the laws of the American legislatures. For the most trifling
reasons, and sometimes for no conceivable reason at all, his majesty has
rejected laws of the most salutary tendency. The abolition of domestic slavery
is the great object of desire in those colonies, where it was unhappily
introduced in their infant state. But previous to the enfranchisement of the
slaves we have, it is necessary to exclude all further importations from
Africa; yet our repeated attempts to effect this by prohibitions, and by
With equal inattention to the necessities of his people here has his majesty permitted our laws to lie neglected in England for years, neither confirming them by his assent, nor annulling them by his negative; so that such of them as have no suspending clause we hold on the most precarious of all tenures, his majesty's will, and such of them as suspend themselves till his majesty's assent be obtained, we have feared, might be called into existence at some future and distant period, when time, and change of circumstances, shall have rendered them destructive to his people here. And to render this grievance still more oppressive, his majesty by his instructions has laid his governors under such restrictions that they can pass no law of any moment unless it have such suspending clause; so that, however immediate may be the call for legislative interposition, the law cannot be executed till it has twice crossed the atlantic, by which time the evil may have spent its whole force.
But in what terms, reconcileable to majesty, and at the same
time to truth, shall we speak of a late instruction to his majesty's governor
of the colony of Virginia, by which he is forbidden to assent to any law for
the division of a county, unless the new county will consent to have no
representative in assembly? That colony has as yet fixed no boundary to the
westward. Their western counties, therefore, are of indefinite extent; some of
them are actually seated many hundred miles from their eastern limits. Is it
possible, then, that his majesty can have bestowed a single thought on the
situation of those people, who, in order to obtain justice for injuries,
however great or small, must, by the laws of that colony, attend their
One of the articles of impeachment against Tresilian, and the
other judges of Westminister Hall, in the reign of Richard the second, for
which they suffered death, as traitors to their country, was, that they had
advised the king that he might dissolve his parliament at any time; and
succeeding kings have adopted the opinion of these unjust judges. Since the
establishment, however, of the British constitution, at the glorious
revolution, on its free and antient principles, neither his majesty, nor his
ancestors, have exercised such a power of dissolution in the island of Great
Britain; and when his majesty was petitioned, by the united voice of his people
there, to dissolve the present parliament, who had become obnoxious to them,
his ministers were heard to declare, in open parliament, that his majesty
possessed no such power by the constitution. But how different their language
and his practice here! To declare, as their duty required, the known rights of
their country, to oppose the usurpations of every foreign judicature, to
disregard the imperious mandates of a minister or governor, have been the
avowed causes of dissolving houses of representatives in America. But if such
powers be really vested in his majesty, can he suppose they are there placed to
awe the members from such purposes as these? When the representative body have
lost the confidence of their constituents, when they have notoriously made sale
of their most valuable rights, when they have assumed to themselves powers
which the people never put into their hands, then indeed their continuing in
office becomes dangerous to the state, and calls for an exercise of the power
of dissolution. Such being the causes for which the representative body
should, and should not, be dissolved, will it not appear strange to an
unbiassed observer, that that of Great Britain
But your majesty, or your governors, have carried this power beyond every limit known, or provided for, by the laws: After dissolving one house of representatives, they have refused to call another, so that, for a great length of time, the legislature provided by the laws has been out of existence. From the nature of things, every society must at all times possess within itself the sovereign powers of legislation. The feelings of human nature revolt against the supposition of a state so situated as that it may not in any emergency provide against dangers which perhaps threaten immediate ruin. While those bodies are in existence to whom the people have delegated the powers of legislation, they alone possess and may exercise those powers; but when they are dissolved by the lopping off one or more of their branches, the power reverts to the people, who may exercise it to unlimited extent, either assembling together in person, sending deputies, or in any other way they may think proper. We forbear to trace consequences further; the dangers are conspicuous with which this practice is replete.
That we shall at this time also take notice of an error in
the nature of our land holdings, which crept in at a very early period of our
settlement. The introduction of the feudal tenures into the kingdom of
England, though antient, is well enough understood to set this matter in a
proper light. In the earlier ages of the Saxon settlement feudal holdings were
certainly altogether unknown; and very few, if any, had been introduced at the
time of the Norman conquest. Our Saxon ancestors held their lands, as they did
their personal property, in absolute dominion, disencumbered with any superior,
answering nearly to the nature of those possessions which the feudalists term
allodial. William, the Norman, first introduced that system generally. The
lands which had belonged to those who fell in the battle of Hastings, and in
the subsequent insurrections of his reign, formed a considerable proportion of
the lands of the whole kingdom. These he granted out, subject to feudal
duties, as did he also those of a great number of his new subjects, who, by
persuasions or threats, were induced to surrender them for that purpose. But
still much was
That in order to enforce the arbitrary measures before complained of, his majesty has from time to time sent among us large bodies of armed forces, not made up of the people here, nor raised by the authority of our laws: Did his majesty possess such a right as this, it might swallow up all our other rights whenever he should think proper. But his majesty has no right to land a single armed man on our shores, and those whom he sends here are liable to our laws made for the suppression and punishment of riots, routs, and unlawful assemblies; or are hostile bodies, invading us in defiance of law. When in the course of the late war it became expedient that a body of Hanoverian troops should be brought over for the defence of Great Britain, his majesty's grandfather, our late sovereign, did not pretend to introduce them under any authority he possessed. Such a measure would have given just alarm to his subjects in Great Britain, whose liberties would not be safe if armed men of another country, and of another spirit, might be brought into the realm at any time without the consent of their legislature. He therefore applied to parliament, who passed an act for that purpose, limiting the number to be brought in and the time they were to continue. In like manner is his majesty restrained in every part of the empire. He possesses, indeed, the executive power of the laws in every state; but they are the laws of the particular state which he is to administer within that state, and not those of any one within the limits of another. Every state must judge for itself the number of armed men which they may safely trust among them, of whom they are to consist, and under what restrictions they shall be laid.
To render these proceedings still more criminal against our laws, instead of subjecting the military to the civil powers, his majesty has expressly made the civil subordinate to the military. But can his majesty thus put down all law under his feet? Can he erect a power superior to that which erected himself? He has done it indeed by force; but let him remember that force cannot give right.
That these are our grievances which we have thus laid before
his majesty, with that freedom of language and sentiment