Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1774-10-31 00:00:00, page 2

J X TR ACT S from the Votes and Proceeding
of the American Continental CO N
GRES S, bed at Philadelphia on the
^th of September, 1774.
Published by order of the Congress.
Friday, Odober 14, 1774.
TZeCoNGREss cameinto tee folding Rtfolutiouf.
IQ 7HEREAS, since the close of the fall
VV war, the British Parliament claiming a
power, ot right to bind the people of America,
by statute in all cases whatsoever, b^h in some
aids expressly imposed taxes on theiti, and in
others under various pretences, but jnlad for the
purpose of railing a revenue, hath imposed rates
and duties payable in these colonies, eftablifhcd a
board of commiflioners with unconstitutional pow
ers, and extended the jurifdidion of courts of
admiralty, not only for colle&ing 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 dependant on the
crown alone for their Salaries, and Landing armies
kept in time of peace. And it bas lately been re
solved in Parliament, that by fotce of a statute,
made in the thirty-fifth year of the reign of King
Henry the eighth, colonies may be transported
to England and tried there upon accusations for
treasons and misprisions, or concealments of trea
sons committed in the colonies; and by a late
statute, such trials have been directed io cales
therein mentioned.
And whereas in the last fefliotiof Parliament,
three statutes were made: one entitled,“ An aft
" to difeontinue in such manner, and for such
“ time as are therein mentioned, the landing and
" difeharging, hiding or whipping of goods, wares
“ and merchandize, at the town, and within the
<; harbour of Boston, in the pevince of MafTa
" chufetts-Bay, in North-America." Another
entitled, “ An aflfor the bettet regulating the
^ government ofthe province ofthe Maffachufetts
c Bay, in New England." Andlinother entitled,
“ An aft for the impartial administration of juf
" tice, in the cases of persons qtieftioned for any
" aft done by them in the execution of the law,
“ or for the suppression of riots and tumults, in
' the province of the Maffachufets-Bay,in New
-6 England." And another ftatit:e was then made,
'• For malting more effectual pre rifion for the go
«' verament of the province of Quebec, &c." All
which statutes are impolitic, uijurt, and cruel, as
well as unconstitutional, and meft dangerous and
deftruAive of American rights.
And whereas, aflemblies hail been frequently
difTolved, contrary to the rights of the people,
when they attempted to deliberate on grievances;
and their dutiful, humble, loya, and reasonable
petitions to the crown for redress, have been re
peatedly treated with contempt by his Majesty's
ministers of state.
The good people of the several colonies ofNew-
Hampshire, Massachusetts-Bay, Rhode-Lland and
Providence plantations, Connecticut, New-York,
New-Jersey, Penofylvania, Ncw-Caftle, Kent,
and Sussex on Delaware, M irylaod, Virginia,
North-Carolina, and South-C; rolina,juftly alarm
ed at these arbitrary proceedings of Parliament
and administration, have fevr ally elected, consti
tuted, and appointed deputies to meet and fit in
General Congress in the city of Philadelphia, in
order to obtain such edabEfiment, 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 mod : serious consider
ation the best means of attaining the ends afore
fail, do in the frit place, as Englishmen their an
cestors in like cases have rfually done, for avert
ing and vindicating their rights and liberties,
DECLARE,
That the inhabitants o' the English colonies in
North-America, by the immutable laws of nature,
the principles of the En/Jilh con ftitution, and the
several charters or compacts, have the following
RIGHTS.
enjoy.
Refolded, 4. That the foundation of English
liberty and of all free government, is a right in
the people to [articipate in theirlegiflative council:
and as the Er glifh colonists are not represented,
and for there local and other circum^ances cannot
properly be represented in the British Parliament,
they are en'iled to a free and exclusive power of
legislation in their Several provincial legislatures,
where their right of representation can alone be
preferred, in all cases of taxation and internal
polity, 6 bjeAonly to the negative of their Sove
reign, ir such manner as has been heretofore used
and acc^ftomed: Tut from the necessity of the
case, it I a regard to the mutual interests of both
countri s, we cheerfully consent to the operation
of such a&3 of the British Parliament, as are bona
fide, retrained to the regulation of our external
cornu rce, for the purpose of securing the com
mr:i d advantages cf the whole empire to the
nv th er country, and the commercial benefits of
its r/pe^ive members, excluding every idea of
taxi i n internal or external, for railing a revenue
on 1 he fubje&s in America without their consent.
Pfolved, N. (A D. 5. That the refpe&ive co
lon! es are entitled to the common law of England,
a ic more especially to the great and inestimable
p:i iledge of being tried by their peers cfthe vici
na;;% according to the ccurfc of that law.
Refokid, N. C. D. 1. That they are entitled
to life, liberty, and property: and they have ne
ver ceded to any sovereign power whatever, a right
to dispose of either without their consent.
Rrfolved, N. C. D. 2. I hat our ancestors, who
firft fettled these colonies, were at the time of
their emigration from the mother country, enti
tled to all the rights, liberties, and immunities of
free and natural born fubje&s, within the realm of
England.
Refined, N. C. D. 3. That byfuch emigration
they by no means forfeited, surrendered, or loft
any of these rights; but that they were, and their
defeendants now are, entitled to the exercise and
enjoyment of all such of them, as their local and
ether circumfhuices enable them to exercise and
Resolved, That it is the opinion of this body,
that the removal of the people of Boston into the
country, would be, not only extremely difficult
in the execution, but so important in its conse
quences, as to require the utmost deliberation be
fore it is adopted. But in case the provincial
meeting of that colony (hall judge it absolutely nc
ceffary, it is the opinion ofthis Congrels, ,that all
America ought to contribute towards recompen
sing them for the injury they may thereby sustain ;
and it will be recommended accordingly.
Refolded, That this Congress do recommend to
the inhabitants of the colony of the Massachusetts-
Bay, to Submit to a fufpenlioh of the administra
tion of justice, where it cannot be procured in a
legal and peaceable manner, under the rules of
charter and the laws founded thereon, until the
effetls of our application for^a repeal of the a&s,
by which theircharter rights areinfringed is known.
Refolded unanimously. That every person or
,persons whomsoever, who Shall take, accept, or
aft under any commission or authority, in anywise
derived from the ad parted in the last session of
Parliament, changing the form of government and
violating the charter of the province of the Mas
sachusetts-Bay, ought to be held in delegation
Revived, 6. Chat they Are entitled to die be
nefit of such of the Englilh statutes, as exited at
the time of their colonization; and which they
have, by experience, refpe&ively found to be ap
plicable to their several local and other circum
stances.
Rooked, N. C. D. 7. That these, his Majes
ty's, colonies are likewise entitled to all the im
munities and priviledges granted and confirmed to
them by royal charters, or secured by their seve
ral codes of provincial laws.
Refo^ed, N. C. J). 8. That they have a right
peaceably to aflerrble, confider of their grievances,
and petition the King; and that ail prosecutions,
prohibitory proclamations, and commitments for
the fame, are illegal.
Refolded, N. C I). 9. That the keeping a
standing army in these colonies, in times of peace,
without the consent of the legislature of that colo
ny in which such army is kept, is against law.
Refolded, N. C. D. 10. It is indifpenfibly ne
ceflary to good government, and rendered essential
by the Englilh constitution, that the constituent
branches or 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 deftru&ive to the freedom of Ame
rican legislation.
All and each of which, the aforefaid 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 legisla
tures./
In the course of our inquiry, we find many in
fringements 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 pro
ceed' to state such a&s and measures as have been
adopted since the last war, which demonstrate a
system formed to enslave America.
Rejoined, N. C. I). That the following a&s of
Parliament are infringements and violations of the
rights of the colonists; and that the repeal of
them is eiTentially necessary, in order to restore
harmony between Great-Britain and the American
colonies, viz.
The several ads of 4 Geo. 111. ch. 15. and
ch. 34. —5 Geo. 111. ch. 25. —6 Geo. 111. ch.
52 —7 Geo. 111. ch. 41. and ch. 46. —8 Geo.
111. ch. 22. which impose duties for the purpose
of railing a revenue in America, extend the pow
ers of the admiralty courts beyond their ancient
limits, deprive the American fubjedt of trial by
jury, authorife the Judge's certificate to indemnify
the prosecutor from damages, that he might other
wise be liable to, requiring oppressive security
from a claimant of ships and goods seized, before
he shall beallowed to defend his property, and are
subversive of American rights.
Also 12 CJeo. 111. ch. 24. intituled, "An aft
" for the better fecuringhis Majesty's dock-yards,
" magazines, ships, ammunition and stores."
Which declares a new offence in America, and
deprives the American fubjed of a conftirutional
trial by jury of the vicinage, by authorifing the
trial of any person charged with the committing
any offence described in the said a& out of the
realm, to be inclined and tried for the lame in any
shire or county within the realm.
Also the three ads passed in the last session of
Parliament, for flopping the port and blocking up
the harbour of Boston, for altering the charter
and government of Massachusetts-Bay, and that
which is intituled,“ An a& for the better admi
“ niftration of justice," &c.
Also the a& passed in the fame session for efta
blEhing the Roman Catholic religion in the pro
vince of Quebec, abolishing the equitable system
of English laws, and erecting a tyranny there, to
the great danger, from so total a diffimularity of
religion, law, and government to the neighbour
ing British colonies, by the assistance of whose
blood and treasure the said country was conquered
from France.
Also the a& passed in the fame session for the
better providing suitable quarters for officers and
soldiers in his Majesty's service in North-America.
Also, that the keeping a ftandingarmy in seve
ral of these colonies, in time of peace, without
the consent of the legislature of that colony in
which such army is kept, is against law.
The Congress, from time to time, paged the
foh'oiving ResoLvEs.
Resolved, That this Congress do approve of the
opposition made by the inhabitants of the Massa
chusetts-Bay, to the execution of the late ads of
Parliament; and if the fame shall be attempted to
be carried into execution by force, in such case, all
America ought to support them in their oppo
sition.
Refolded, unanimoufy, That the people of Bos
ton and the Massachusetts-Bay, be advised still to
conduct themselves peaceably towards his Excel
lency General Gage, and his Majesty's troops
now Rationed in the town of Boston, as far as
, can pofiibly consist with their immediate fafety and
the fecurhg of the town; avoiding and discoun
tenancing every violation of his Majesty's proper
ty, or any insult to his troops; and that they
peaceably and firmly persevere in the line in which
they are now conducting themselves on the de
fenfive.
and abhorrence by all good men, and considered
as the wicked tools of that despotism, which is
preparing to destroy thole rights, which God,
nature and compact have given to America.
Refolded, As the opinion of the Congress, that
it will be necessary that a Congress should be held
on the loth day of May next, unless the redress
of grievances, which we have desired, be obtained
before that time.—And we recommend that the
fame be held at the city of Philadelphia, and that
all the colonies in North-America choose deputies
as soon as poflible, to attend such Congress.
Tuefa'ay, Oflober, 25.
Regained, That the Congress in their own
names, and in behalf of all those whom they re
present, do present their most grateful acknow
ledgments to those truly noble, honourable, and
patriotic advocates of civil and religious liberty;
who have so generously and powerfully, though
unfuccefsfully, espoused and defended the cause
of America, both in and out of Parliament.
A copy of the letter to General Gage was
brought into Congress, and agreeable to order,
signed by the President, and is as follows.
Philadelphia, Ofiober 10 1774.
Sir,
TH E inhabitants of the town of Boston have
informed us, the representatives of his
Majesty's faithful fubjeds, in all the colonies from
Nova-Scotia to Georgia, that the fortifications
eroding within that town, the frequent invasions
of private property and the repeated in fults they
receive from the soldiery, have given them great
reason to fufped a plan is formed very deftruftive
to them and tending to overthrow the liberties of
America.
Your Excellency Cannot he a stranger to the
sentiments of America, with refped to the late
ads of Parliament, under the execution of which
those unhappy people are oppressed; the approba
tion universally expressed of their condud and the
determined resolution of the colonies, for the pre
servation of their common rights, to unite in their
opposition to those ads :—ln consequence of these
sentiments, they have appointed us the guardians
of their rights and liberties, and we are under
the deepest concern, that whilst we are pursuing
every dutiful and peaceable measure to procure a
cordial and effedual reconciliation between Great-
Britain and the colonies, your Excellency should
proceed in a manner that bears so hostile an ap
pearance, and which even those oppressive ads do
not warrant.
The ASSOCIATION, &c.
VR7 E his Majesty's most loyal fubje&s, the dele-
VV gates of the Several colonies of New-Hamp
fldre, Maffachufett's-Bay, Rhode- Island, Connec
ticut, New-York, New-Jersey, Pennfylvaria, the
three lower counties of New-castle, Kent, and Sus
sex, on Delaware, Maryland, Virginia, North-Ca
rolina, and South-Carolina, deputed to represent
them in a continental Congress, held in the city of
Philadelphia, on the fifth day of September, 1774,
avowingour allegiance to his Majesty, our affection
and regard for our fellow fubje&s in Great-Bri
tain and elsewhere, affefled with the deepest anxie
ty, and most alarming apprehensions ar those grie
vances and didreffes, with which his Majesty's
American fubjefts are oppressed, and having tak
en under our most Serious deliberation, the date
of the whole continent, find, that the present un
happy Situation of our affairs, is occasioned by a
ruinous system of colony administration adopted
by the British minidry about the year 1763, evi
dently calculated for inflaving these colonies, and,
withthem, the Bririlh empire. In prosecution of
which system, various a&s of Parliament have been
passed tor railing a revenue in America, for depriv
ing the American lubjefis, in many instances, of
the constitutional trial by jury, exposing their
lives to danger, by erecting a new and illegal trial
beyond the seas, for crimes alledged to have been
committed in America: And in prosecution ofthe
fame system, Several late, cruel, and opprefive
aids have been passed respecting the town of Bos
ton and the Maffachufe t's-Bay, and also an aid
for extending the province of Quebec, so as to bor
der on the western frontiers of these colonies, ef
tabliShing an arbitrary government therein, pud in
Weentreat your Excellency to confider, what
a tendency this conduct must have, to irritate and
force a people, however well disposed to peacea
ble measures, into hostilities, which may prevent
the endeavours of this Congress to restore a good
understanding with a parent state, and may involve
us in the horrors of a civil war.
In order therefore to quiet the minds, and re
move the reasonable jealousies oftbe people, that
they may not be driven to a state of desperation,
being fully persuaded of their pacific difpofifen
towards the King's troops, could they be allured
of their own fafety, we hope, Sir, you will dis
continue the fortifications in and about Boston,
prevent any further invasions of private property,
restrain the irregularities of the soldiers, and give
orders that the communications between the
town and country may be open, unmolested and
free.
Refolded, That the seizing, or attempting to
seize, any person in America, in order to transport
such person beyond the sea, for trial of offences
committed within the body of a county in America,
being against law, will juftify and ought to meet
with resistance and reprisal.
Signed by order and in behalf of the General
Congress.
Peyton Randolph, President.
Satu: day, Oflober 22.
difeouraging the settlement of IbitiF fit! ]c "s in
that wide extended country; thusly the influence
of civil principles and ancient prejudices to dis
pose the inhabitants to ad with hostility against
the free Protestant colonies, whenever a wicked
ministry shall chufe so to dired them.
Io obtain redress of these grievances, which
threaten deftrudion to the lives, liberty, and pro-g
perty of.bis Majesty's fubjeds in North-America,
we are of opinion, that a non-importation, non
confumption, and non-exportation agreement,
faithfully adhered to, will prove the mod speedy,
effedual, and peaceable measure: And therefore
we do, for ourselves and the inhabitants of the
several colonies, whom we represent, firmly agree
and associate under the sacred ties of virtue, ho
nor, and love of our country, as follows.
birft. That from and after the firft day of De
cember next, we will not import into British Ame
rica, from Great-Britain or Ireland, any goods,
wares, or merchandize whatsoever, or from any
other place any such goods wares or merchandize,
as shall have been exported from Great Britain
or Ireland; nor will we, after that day, import
any East-India tea from any part of the world; nor
any molasses, syrups, paneles, coffee or piemento,
from the British plantations, or from Dominica;
nor wines from Madeira, orthe Western Islands ;
nor foreign indigo.
Second. That we will neither import, nor pur
chase any slave imported, after the firft day of
December next; after which time, we will whol
ly discontinue the slave trade, and will neither be
concerned in it ourselves, nor will we hire our ves
sels, nor fell our commodities or manufactures to
those who are concerned in it.
Fourth. The earnest desire we have, not to in
jure our fellow-fubjefts in Great-Britain, Ireland,
or the Weft-Indies, induces us to suspend a non
exportation, until the tenth day of September
] 775 ; at whichmme, if the said ads and parts of
afts of the British Parliament herein after mention
ed are not repealed, we will not dire&ly or indi
re&ly, export any merchandize or commodity"
whatsoever to Great-Britain, Ireland or the Weft-
Indies, except rice to Europe.
Fifth. Such as are merchants, and use the Bri
tish and Irish trade, will give orders, as soon as:
poflible, to their factors, agents and correspon
dents, in Great-Britain and Ireland, not to ship
any goods to them, on any pretence whatsoever,
as they cannot be received in America ; and if
any merchant, reading in Great-Britain or Ire
land, shall diredly or indirectly ship any goods^
wares or merchandize,' for America, in order to
break the said non-importation agreement, or i^
any manner contravene the fame, on such unworn
thy conduct being well attested, it ought to b^r.
made public ; and, on the fame being so done, we
will not from thenceforth have any commercial
connexion, with such merchant.
+ Sixth. That such as are owners of vessels wilt
give positive orders to their captains, or masters,
not to receive on board their vessels any goodse
prohibited by the said non-importation agreement;
on pain of immediate difmiffion from their ser
vice.
Seventh. We will use our utmost endeavours t^
improve the breed of sheep and increase their
number to the greatest extent, and to that end,
we will kill them as sparingly as may be, efoecfal
ly those of the most profitable kind; nor will we
export any to the Weft-Indies or elfcwhere ; and
those of us who are or may become overclocked
with, or can conveniently spare any sheep, will
dispose of them to our neighbours, efpecialiy to
the poorer fort, on moderate terms.
Eighth. We will in our several Stations en
courage frugality, oeconomv, and industry 7 and
promote agriculture, arts and the manufactures of
this country, efpeqially that of wool; and will
difeountenance and difeourage, every species of ex
travagance and dissipation, especially all horse ra
cing, and all kinds of gaming, cock fighting, ex
hibitions of Shews, plays, and other expensive
diverlions and entertainments. And on the death
of any relation or friend, none cf us, or any of cur
families will go into any further mourning dress,
than a black crape or ribbon on the arm or hat
for Gentlemen, and a black ribbon and necklace
for Ladies, and we will discontinue the giving
of gloves and fcarfs at funerals.
Third. As a notonfumption agreement RriClly
adhered to, will be an effectual security for the ob
servation of the non-importation, we, as above,,
solemnly agree and afTociate, that, from this day,,
we will not purchase or use any tea, imported on
account of the East-India company, or any oor
which a duty hath been or shall be paid ; and fronr
and after the firft day of March next, we will nos
purchase or use any East-India tea whatever ; nor
will we, nor shall any person for or under us, pur
chase or use any of those goods, wares or mer
chandize, we have agreed not to import, which
we shall know, or have cause to fu'peß, were im
ported after the firft day of December, except"
such as come under the rules and directions of the
tenth article hereafter mentioned.
Ninth. I hat such as are venders of goods of
merchandize, will not take advantage of the Scar
city of goods that may he occasioned by this affe
ctation, but will fell the fame at the rates we have
been refpeßively accustomed to do, for twelve
month# lai past.—And if any vender of goods or
merchandize, Shall fell any such goods on higher
terms, or Shall in any manner, or by any device
whatsoever, violate or depart from this agreement,
no person ought, nor will any of us deal with any
such person, or his, or her factor or agent, at
any time thereafter, for any commodity whatever.
Tenth. In case any merchant, trader, or other
persons Shall import any goods or merchandize
after the firft day of December, and before the
firft day of I ebrnary next, the fame ought forth
with at the election of the owner, to be either re-
Shipped or delivered up to the Committee of the
county, or town wherein they Shall be imported,
to be stored at the rifque of the importer, until
the non-importation agreement Shall cease, or be
fold under the direction of the Committee afore
faid; and in the I ill merrier \! ca r e, t^ecwne r or
owners of such goods, Shall be reimbutfed / at of