The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-10-19
Letter from Daniei Haymend.
FEDERAL HILL, RITcHIE Co., w. VA,
October 5, 1867.

NStObOi " lSOss
Col. /. d. WILSON:
Respected Sir In my letter of the
2lst ult. l referred to the declarations
Of rights made by the Legislatures OF
the American colonies, or Houses OF
Burgesses as they were then called, af-
ter the British Parliaments had passed
their stamp act, which they took a
determined stand against, because they
had no representation in Parliament,
and would not submit to it, as they be-
lieved it to be contrary to the British
Constitution to be taxed without repre-
sentation. This, and some infringe
ments upon the right of trial by jury,
was the whole grounds OF their
complaint at that time, which
caused them to take their de-
termined stand for their indepen-
dence. These were the only reasons
then set forth in their declaration of
rights; but as the contest progressed,
other grounds of cOD plaint arose which,
together with those that are set forth
in the declaration of Independence.
will give you short extract from the
declaration of rights, adopted by Con-
gress, as it was called, of deputies from
the different colonies, which met at
New York, October 19, 1865: THAT it
is inseparably essential to the freedom of
a people and the undoubted right of
chat hn iYnnnoa1
OH them but with their own consent,
given personally or by their represent
atives."
V. That the only representatives of
the people of these colonies are persons
chosen therein by themselves; and that
no taxes ever have been or can be con-
imposed on them but by
their respective legislatures.
VII. That trial by jury is the inherent
and inviolable right of every British
subject in these colonies, not that they
considered them all criminals and ex-
pected to be tried by juries, but that
they felt it to be their right and interest
that the British government should not
violate this Magma Charta, and as
every American citizen should now
feel as to our rulers who desire that
our free institutions should be perpet-
uated. On the Goth of October, 1865,
the Legislature of Massachusetts made
their declaration of rights.
/. ResOlred, That there are certain es-
sential rights of the British Constitu-
ton of government, which are founded
in the law of God and nature, and are
common rights of mankind; therefore,
2. Resolred, That the inhabitants of
this province are unalienably entitled
to those essential rights in common
with all men; and that no law of So
ciety can, consistently with the law OF
God and nature, divest them of those
rights.
3. Resolrcd, That no man can justly
take the property of another without
his consent, and that upon this original
principle the right of representation in
the same body, which exercises the
right of making laws for levying taxes,
which is one of the main pillars of the
British Constitution, is evidently
founded.
A. Resolred, That this inherent right,
together with all other rights, liberties,
privileges and immunities of the people
of Great Britain, have been confirmed
to them by the Magma Chacta, and by
former and later acts of Parliament.
l3. Resolred, That the extension of
the powers of the Court of Ad-
miralty within this province, is
a most violent infraction of the right
of trials by juries, right which this
House, upon the principles of their
British ancestors, hold most dear and
sacred, as being the only security of the
lives, liberties and properties of His
Maiesty's subjects here. Ordered, that
all the foregoing resolutions be kept in
the records Of this House; that n just
sense of liberty and the firm senti-
ments of loyalty may be transmitted
to posterity." These few extracts
are a fair specimen of their bill
of rights in other colonies and
the declarations of rights made by the
State Conventions which ratified the
Constitution of the United States, so
far as the right of trial by jury is con-
cerned. l have not read those State
papers since was school boy, until
about one year ago, looked over them
with view of ascertaing whether my
opposition to test oaths and
other proscriptive measures were right
or wroRg; which, reading together with
what / stated to you in my letter of2lst
ult., fully confirmed me in the opinion
that my opposition to those prOscriptive
measures was just and proper. And
from which the expanse between the
republicanism of l776 and that of Con-
gress and others of the present day can
be imagined, if there be a space between
the North and South poles of sufficient
width to compare it.
remain as ever your old friend.