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265 lines
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Plaintext
265 lines
12 KiB
Plaintext
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DECLARATION AND RESOLVES OF THE FIRST CONTINENTAL CONGRESS:
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OCTOBER 14, 1977
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Whereas, since the close of the last war, the
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British parliament, claiming a power, of right, to
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bind the people of America by statutes in all cases
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whatsoever, hath, in some acts, expressly imposed
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taxes on them, and in others, under various presences,
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but in fact for the purpose of raising a revenue,
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hath imposed rates and duties payable in these
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colonies, established a board of commissioners, with
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unconstitutional powers, and extended the
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jurisdiction of courts of admiralty, not only for
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collecting the said duties, but for the trial of
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causes merely arising within the body of a county:
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And whereas, in consequence of other statutes,
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judges, who before held only estates at will in their
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offices, have been made dependant on the crown alone
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for their salaries, and standing armies kept in times
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of peace: And whereas it has lately been resolved in
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parliament, that by force of a statute, made in the
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thirty-fifth year of the reign of King Henry the
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Eighth, colonists may be transported to England, and
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tried there upon accusations for treasons and
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misprisions, or concealments of treasons committed
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in the colonies, and by a late statute, such trials
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have been directed in cases therein mentioned:
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And whereas, in the last session of parliament,
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three statutes were made; one entitled, "An act to
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discontinue, in such manner and for such time as are
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therein mentioned, the landing and discharging,
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lading, or shipping of goods, wares and merchandise,
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at the town, and within the harbour of Boston, in
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the province of Massachusetts-Bay in New England;"
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another entitled, "An act for the better regulating
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the government of the province of Massachusetts-Bay
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in New England;" and another entitled, "An act for the
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impartial administration of justice, in the cases
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of persons questioned for any act done by them in the
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execution of the law, or for the suppression of
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riots and tumults, in the province of the
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Massachusetts-Bay in New England;" and another
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statute was then made, "for making more effectual
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provision for the government of the province of
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Quebec, etc." All which statutes are impolitic,
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unjust, and cruel, as well as unconstitutional,
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and most dangerous and destructive of American
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rights:
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And whereas, assemblies have been frequently
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dissolved, contrary to the rights of the people, when
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they attempted to deliberate on grievances; and
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their dutiful, humble, loyal, and reasonable
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petitions to the crown for redress, have been
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repeatedly treated with contempt, by his Majesty's
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ministers of state:
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The good people of the several colonies of
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New-Hampshire, Massachusetts-Bay, Rhode Island and
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Providence Plantations, Connecticut, New-York,
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New-Jersey, Pennsylvania, Newcastle, Kent, and
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Sussex on Delaware, Maryland, Virginia, North-
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Carolina and South-Carolina, justly alarmed at these
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arbitrary proceedings of parliament and
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administration, have severally elected, constituted,
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and appointed deputies to meet, and sit in general
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Congress, in the city of Philadelphia, in order to
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obtain such establishment, as that their religion,
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laws, and liberties, may not be subverted: Whereupon
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the deputies so appointed being now assembled, in a
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full and free representation of these colonies, taking
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into their most serious consideration, the best means
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of attaining the ends aforesaid, do, in the first
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place, as Englishmen, their ancestors in like cases
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have usually done, for asserting and vindicating their
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rights and liberties, DECLARE,
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That the inhabitants of the English colonies in
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North-America, by the immutable laws of nature, the
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principles of the English constitution, and the several
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charters or compacts, have the following RIGHTS:
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Resolved, N.C.D. 1. That they are entitled to
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life, liberty and property: and they have never ceded
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to any foreign power whatever, a right to dispose of
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either without their consent.
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Resolved, N.C.D. 2. That our ancestors, who first
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settled these colonies, were at the time of their
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emigration from the mother country, entitled to all the
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rights, liberties, and immunities of free and natural-
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born subjects, within the realm of England.
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Resolved, N.C.D. 3. That by such emigration they
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by no means forfeited, surrendered, or lost any of
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those rights, but that they were, and their descendants
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now are, entitled to the exercise and enjoyment of all
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such of them, as their local and other circumstances
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enable them to exercise and enjoy.
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Resolved, 4. That the foundation of English
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liberty, and of all free government, is a right in the
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people to participate in their legislative council: and
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as the English colonists are not represented, and from
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their local and other circumstances, cannot properly
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be represented in the British parliament, they are
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entitled to a free and exclusive power of legislation
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in their several provincial legislatures, where their
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right of representation can alone be preserved, in all
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cases of taxation and internal polity, subject only
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to the negative of their sovereign, in such manner as
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has been heretofore used and accustomed: But, from the
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necessity of the case, and a regard to the mutual
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interest of both countries, we cheerfully consent to
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the operation of such acts of the British parliament,
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as are bonfide, restrained to the regulation of our
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external commerce, for the purpose of securing the
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commercial advantages of the whole empire to the mother
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country, and the commercial benefits of its respective
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members; excluding every idea of taxation internal or
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external, for raising a revenue on the subjects, in
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America, without their consent.
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Resolved, N.C.D. 5. That the respective colonies
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are entitled to the common law of England, and more
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especially to the great and inestimable privilege of
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being tried by their peers of the vicinage, according
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to the course of that law.
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Resolved, N.C.D. 6. That they are entitled to the
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benefit of such of the English statutes, as existed at
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the time of their colonization; and which they have, by
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experience, respectively found to be applicable to
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their several local and other circumstances.
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Resolved, N.C.D. 7. That these, his Majesty's
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colonies, are likewise entitled to all the immunities and
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privileges granted and confirmed to them by royal
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charters, or secured by their several codes of
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provincial laws.
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Resolved, N.C.D. 8. That they have a right
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peaceably to assemble, consider of their grievances,
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and petition the king; and that all prosecutions,
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prohibitory proclamations, and commitments for the
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same, are illegal.
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Resolved, N.C.D. 9. That the keeping a standing
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army in these colonies, in times of peace, without the
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consent of the legislature of that colony, in which
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such army is kept, is against law.
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Resolved, N.C.D. 10. It is indispensably necessary
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to good government, and rendered essential by the
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English constitution, that the constituent branches of
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the legislature be independent of each other; that,
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therefore, the exercise of legislative power in several
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colonies, by a council appointed, during pleasure, by
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the crown, is unconstitutional, dangerous and
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destructive to the freedom of American legislation.
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All and each of which the aforesaid deputies, in
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behalf of themselves, and their constituents, do claim,
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demand, and insist on, as their indubitable rights and
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liberties, which cannot be legally taken from them,
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altered or abridged by any power whatever, without
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their own consent, by their representatives in their
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several provincial legislature.
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In the course of our inquiry, we find many
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infringements and violations of the foregoing rights,
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which, from an ardent desire, that harmony and mutual
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intercourse of affection and interest may be restored,
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we pass over for the present, and proceed to state such
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acts and measures as have been adopted since the last
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war, which demonstrate a system formed to enslave America.
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Resolved, N.C.D. That the following acts of
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parliament are infringements and violations of the
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rights of the colonists; and that the repeal of them is
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essentially necessary, in order to restore harmony
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between Great Britain and the American colonies, viz.
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The several acts of Geo. III. ch. 15, and
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ch. 34.-5 Geo. III. ch.25.-6 Geo. ch. 52.-7 Geo.III.
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ch. 41 and ch. 46.-8 Geo. III. ch. 22. which impose
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duties for the purpose of raising a revenue in America,
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extend the power of the admiralty courts beyond their
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ancient limits, deprive the American subject of trial
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by jury, authorize the judges certificate to indemnify
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the prosecutor from damages, that he might otherwise
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be liable to, requiring oppressive security from a
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claimant of ships and goods seized, before he shall be
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allowed to defend his property, and are subversive of
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American rights.
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Also 12 Geo. III. ch. 24, intituled, "An act for
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the better securing his majesty's dockyards, magazines,
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ships, ammunition, and stores," which declares a new
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offence in America, and deprives the American subject
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of a constitutional trial by jury of the vicinage, by
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authorizing the trial of any person, charged with the
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committing any offence described in the said act, out
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of the realm, to be indicted and tried for the same in
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any shire or county within the realm.
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Also the three acts passed in the last session of
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parliament, for stopping the port and blocking up the
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harbour of Boston, for altering the charter and
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government of Massachusetts-Bay, and that which is
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entitled, "An act for the better administration of
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justice, etc."
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Also the act passed in the same session for
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establishing the Roman Catholic religion, in the
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province of Quebec, abolishing the equitable system
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of English laws, and erecting a tyranny there, to the
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great danger (from so total a dissimilarity of
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religion, law and government) of the neighboring
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British colonies, by the assistance of whose blood and
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treasure the said country was conquered from France.
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Also the act passed in the same session, for the
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better providing suitable quarters for officers and
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soldiers in his majesty's service, in North-America.
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Also, that the keeping a standing army in several
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of these colonies, in time of peace, without the
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consent of the legislature of that colony, in which
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such army is kept, is against law.
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To these grievous acts and measures, Americans
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cannot submit, but in hopes their fellow subjects in
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Great Britain will, on a revision of them, restore us
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to that state, in which both countries found
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happiness and prosperity, we have for the present,
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only resolved to pursue the following peaceable
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measures: 1. To enter into a non-importation, non-
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consumption, and non-exportation agreement or
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association. 2. To prepare an address to the people
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of Great-Britain, and a memorial to the inhabitants
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of British America: and 3. To prepare a loyal address
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to his majesty, agreeable to resolutions already
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entered into.
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------------------------------------
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Taken from: Journals of Congress (ed. 1800), I. pp. 26-30.
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------------------------------------
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Prepared by Gerald Murphy (The Cleveland Free-Net - aa300)
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Distributed by the Cybercasting Services Division of the
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National Public Telecomputing Network (NPTN).
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Permission is hereby granted to download, reprint, and/or otherwise
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redistribute this file, provided appropriate point of origin
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credit is given to the preparer(s) and the National Public
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Telecomputing Network.
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<<< PRE-CONSTITUTION DOCUMENTS >>>
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1 1215 - The Magna Carta
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2 1390 - The Constitution of the Iroquois Nations
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3 1620 - The Mayflower Compact
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4 1639 - The Fundamantal Orders of 1639
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5 1676 - First Thanksgiving Proclamation
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6 1775 - The Charlotte Town Resolves
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7 1775 - Declaration of the Causes... of Taking up Arms
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8 1776 - The Declaration of Independence
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9 1776 - The Virginia Declaration of Rights
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10 1777 - The Articles of Confederation
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11 1777 - Declaration and Resolves of the 1st Cont. Congress
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12 1783 - The Paris Peace Treaty
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13 1786 - The Annapolis Convention
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