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But, affairs may yet be well, notwithstanding the gloomy face of our political atmosphere. Our ancestors of England, were often obliged to claim their rights, when they were in danger of losing them. Let us follow so successful an example. On such a subject, let the Americans address the throne with all due respect to majesty, and at the same time with attention to their own dignity as freemen. The style of the Lord Keeper to Charles the First, on a similar occasion, is a case in point. "May it please your most excellent Majesty" your people of America by their Deputies assembled in General Congress, "taking into consideration that, the good intelligence between your Majesty and your people" of America, "doth much depend upon your Majesty's answer upon their" claim "of rights, with unanimous consent, do now become most humble suitors unto your Majesty, that you may be pleased to give a clear and satisfactory answer" to The American Claim of Rights That whereas, discontents, jealousies, and alarms have unhappily pervaded, overspread and distressed the British subjects, settled on the Continent of North America, to the great endangering the public peace, 1. By Acts of the British Parliament, taxing those American freeholders, although they have not any representation, of their own election, in Parliament. 2. By the constitution of Council established among them by the Royal Mandamus. Seeing they act as a second branch of the Legislature, entirely dependent upon the pleasure even of the Governorthat placemen, dependent upon the Crown, being strangers, ignorant of the interests and laws of the colonies, are sent from England to fill seats in Council, where they often form a majority; as Legislators, determining the most weighty affairs of the colony, and as Chancellors, decreeing in suits relating to the most valuable property of the subject. 3. By there not being any constitutional Courts of Ordinary and of Chancery in America, and by appeals being under the jurisdiction of the King and Privy Council, as the dernier resort. 4. By the Judges holding their seats at the will of the Crown, a tenure dangerous to the liberty and property of the subject, and therefore justly abolished in England. 5. By Judges now-a-days granting to the Customs to lie dormant in their possession, writs of assistance in the nature of general warrants, by which, without any crime charged and without any suspicion, a petty officer has power to cause the doors and locks of any man to be broke open, to enter his most private cabinet, and thence to take and carry away, whatever he shall in his pleasure deem uncustomed goods. 6. By the oppressive powers vested in the Courts of Admiralty. 7. By the British Parliament claiming and exercising a power to bind the Colonies in all cases whatsoever. To suspend the Legislature of New York; to divest the Americans of the value of their lawful property as pleasure, and even without any form of trial; to annul and make void lawful contracts in trade; to oblige Judges to take bail in cases of murder; to enable persons charged with murder in Massachusetts Bay to fly the colony; to annihilate an ancient branch of the Legislature in favor of the people, and in its room to constitute one entirely dependent upon the pleasure of the Crown; to deprive subjects of English blood of the right of representation in the Colony of Quebec; and to enable the Governor and Council there to make laws for them, thereby in effect leaving it in the power of the Crown, whether or not, or in what degree, such subjects shall enjoy the benefit of Magna Charta and the Common Law, under a Crown, which is itself limited and controlled by Magna Charta and the Common law! And for the purpose of repeating and continuing, all their grievances and heavy oppressions herein specifiedto establish the Romish religion in a very considerable part of the British Empire; and to quarter soldiers in America, against the consent of the freeholders. All which are illegal, and directly contrary to the franchises of America. And therefore, the Americans represented by their Deputies aforesaid, taking into their most serious consideration, the best means to avert the calamities of Civil warto restore public tranquilityand to preserve without dispute, the supremacy of the Crown and British Dominion over America: "Do in the first place, as their ancestors in like case have usually done, for the vindicating and asserting their ancient rights and liberties, declare:" 1. That the Americans being descended from the same ancestors with the people of England, and owing fealty to the same Crown, are therefore equally with them, entitled to the common law of England formed by their common ancestors; and to all and singular the benefits, rights, liberties and claims specified in Magna Charta, in the petition of Rights, in the Bill of Rights, and in the Act of Settlement. They being no more than principally declaratory of the grounds of the fundamental laws of England. Therefore, 2. That the British Parliament ought not to have, and cannot of right possess any power to Tax, or in any shape to bind American freeholders of the British Crown, seeing it is against the franchises of the land, because their consent is not signified in Parliament, by a representation of their own election. 3. That the Constitution of the present Councils in America, by Mandamus, be utterly abolished, as being injurious to the subject, and destructive of a free constitution of government. That of right, there ought to be an independent and permanent middle branch of Legislature, between the Crown and people, and, that as it ought of right to arise by the Royal creation, so, the members of it, ought of right to be called out of American families; that the majority of the Council of State to the Governor, ought of right to consist of men connected with the colony, by birth or fortune, and that the Governor, or Council of State, cannot of right possess any judicial power whatsoever. 4. That of right there ought to be in each colony, constitutional Courts of Ordinary and of Chancery; that for the ease of the subject, at such a vast distance as he is from England, appeals from the American Courts of Chancery, ought to be made to the Upper House of Assembly of each colony respectively, and from thence to the House of Lords in Great Britainthe only constitutional dernier resort for justice in that Empire. 5. That equally as the people of England are interested in the independence of their Judges, so are we interested in the independence of our Judges; and upon principles of common and impartial justice, claim that their commissions should run, quam diu se bene gesserint. 6. That no writs of assistance ought to be issued to the Customs, but in the nature of writs or warrants to search for goods stolengeneral writs or warrants being illegal. 7. That the powers of the American Courts Admiralty, unnecessarily and oppressively trenching upon the property and liberty of the subject, therefore they ought to be modelled more agreeable to the genuine principle of the common law. 8. That the King's prerogative ought not, and cannot of right, be more extensive in America, than it is by law limited in England. 9. That the Americans, are of natural right entitled to all and singular, those inherent, though latent, powers of society, necessary for the safety, preservation, and defence of their just claims, rights and liberties herein specified, which no contract, no constitution, no time, no climate can destroy or diminish. "And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declarations, judgments, doings, or proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example." To which demand of their rights, they are particularly encouraged by a reliance on the virtues of their sovereign Lord George; convinced that this their demand, is the most peaceable means they have to obtain a full redress and remedy therein, on which the good intelligence, between his most sacred majesty and his oppressed people of America, doth much depend. (From Documentary History of the American Revolution, by Gibbes, Volume 1, pp. 11-39) Doc ID: Gibbes, v. 1, p. 011b Date: 8/10/1774 |
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