USA > Virginia > Washington County > Washington County > History of southwest Virginia, 1746-1786, Washington County, 1777-1870 > Part 17
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"It cannot admit of a doubt that British subjects in America are entitled to the same rights and privileges as their fellow sub-
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jects possess in Britain, and therefore that the power as- sumed by the British Parliament to bind America by their statutes, in all cases whatsoever, is unconstitutional and the source of these unhappy differences.
"The end of government would be defeated by the British Par- liament exercising a power over the lives, the property and the liberty of American subjects, who are not and, from their local circumstances, cannot be, there represented. Of this nature we consider the several Acts of Parliament for raising a revenue in America, for extending the jurisdiction of the courts of Admiralty, for seizing American subjects and transporting them to Britain to be tried for crimes committed in America, and the several late oppressive Acts respecting the town of Boston and Province of Massachusetts Bay.
"The original constitution of the American Colonies possessing their assemblies with the sole right of directing their internal policy, it is absolutely destructive to the end of their institution that their legislatures should be suspended, or prevented by hasty dissolutions, from exercising their legislative powers.
"Wanting the protection of Britain, we have long acquiesced in their Acts of navigation, restrictive of our commerce, which we consider as an ample recompense for such protection, but as those Acts derive their efficacy from that foundation alone, we have reason to expect they will be restrained, so as to produce the rea- sonable purposes of Britain and not be injurious to us.
"To obtain redress of these grievances, without which the peo- ple of America can neither be safe, free, nor happy, they are will- ing to undergo the great inconvenience that will be derived to them from stopping all imports whatsoever from Great Britain after the first day of November next, and also to cease exporting any commodity whatsoever to the same place, after the 10th day of August, 17:5. The earnest desire we have to make as quick and full payment as possible of our debts to Great Britain, and to avoid the heavy injury that would arise to this country from an earlier adoption of the non-importation plan, after the people have al- ready applied so much of their labor to the perfecting of the pres- ent crop, by which means they have been prevented from pursuing other methods of clothing and supporting their families, has ren- dered it necessary to restrain you in this article of non-exporta-
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tion; but it is our desire that you cordially co-operate with our sister Colonies in general Congress, in such other just and proper methods, as they, or the majority, shall deem necessary for the accomplishment of these valuable ends.
"The proclamation issued by General Gage, in the government of the Province of Massachusetts Bay, declaring it treason for the inhabitants of that Province to assemble themselves to consider of their grievances and to form associations for their common conduct on the occasion, and requiring the civil magistrates and officers to apprehend all such persons to be tried for their supposed offences, is the most alarming process that ever appeared in a British Gov- ernment; the said General Gage has thereby assumed and taken upon himself powers denied by the constitution to our legal Sover- eign. He not having condescended to disclose by what authority he exercises such extensive and unheard of powers, we are at a loss to determine whether he intends to justify himself as the rep- representative of the King, or as the Commander in Chief of his Majesty's forces in America. If he considers himself as acting in the character of his Majesty's representative, we would remind him that the statute 20th, Edward III., has expressed and defined all treasonable offences, and that the Legislature of Great Britain hath declared that no offence shall be construed to be treason but such as is pointed out by that statute; and that this was done to take out of the hands of tyrannical Kings, and of weak and wicked Ministers, that deadly weapon which constructive treason had furnished them with, and which had drawn the blood of the best and honestest men in the kingdom, and that the King of Great Britain hath no right by his proclamation to subject his people to imprisonment, pains, and penalties.
"That if the said General Gage conceives he is empowered to act in this manner, as the Commander in Chief of his Majesty's forces in America, this odious and illegal proclamation must be considered as a plain and full declaration that this despotick Vice- roy will be bound by no law, nor regard the constitutional rights of his Majesty's subjects, wherever they interfere with the plans he has formed for oppressing the good people of the Massachusetts Bay; and therefore that the executing, or attempting to execute such proclamation, will justify resistance and reprisal."
All of the American colonies, with the exception of Georgia,
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joined in the common cause and sent delegates to the Philadel- phia Congress.
The second Continental Congress of the American colonies as- sembled in Philadelphia on September 5. 1224, fifty-two dele- gates from twelve colonies present. This Congress was organized by the election of the following officers :
President, Peyton Randolph, of Virginia.
Secretary, Charles Thompson, of Pennsylvania.
Patrick Henry, of Virginia, was the first member of this Con- gress to address the chair upon the issues which had brought them together. This Congress of able men and noble patriots occupied more than a month's time in serious deliberation before anything of importance was done. On the 8th of October, 1224 (two days before the battle at Point Pleasant) they adopted the following resolutions :
"Resolved. That this Congress do approve of the opposition MADE BY THE inhabitants of the Massachusetts Bay to the exe- cution of the late Acts of Parliament; and if the same shall be at- tempted to be carried into execution by force, in such case all America ought to support them in their opposition.
"Resolved. That it is the opinion of this body, that the removal of the people of Boston into the country would be not only ex- tremely difficult in the execution, but so important in its conse- quences as to require the utmost deliberation before it is adopted. But in case the provincial meeting of that Colony shall judge it absolutely necessary, it is the opinion of this Congress, that all America ought to contribute towards recompensing them for the injury they may thereby sustain, and it will be recommended ac- cordingly.
"Resolved, That this Congress do recommend to the inhabitants of the Colony of Massachusetts Bay to submit to a suspension of the administration of justice, when it cannot be procured in a le- gal and peaceable manner, under the rules of the Charter and the laws founded thereon, until the effects of our application for a re- peal of the Acts, by which their Charter rights are infringed, are known.
"Resolved, unanimously, That every person or persons whoso- ever, who shall take, accept, or act under any commission or au- thority in any wise derived from the Act passed in the late ses-
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sion of Parliament, changing the form of Government and vio- lating the charter of the Province of Massachusetts Bay, ought to be held in detestation and abhorrence by all good men and con- sidered as the wicked tools of that despotism which is preparing to destroy those rights which God, nature and compact have given to America."
On the 14th, Congress agreed upon the following preamble and resolutions :
"Whereas, since the close of the last war, the British Parlia- ment, claiming a power of right to bind the people of America by statute, in all cases whatsoever, hath in some Acts expressly im- posed taxes on them, and on other various pretences, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these Colonies, established a board of commissioners with unconstitutional powers and extended the jurisdiction of Courts of Admiralty, not only for collecting 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 dependent on the Crown alone for their salaries, and standing armies kept in time of peace. And it has lately been resolved in Parliament, that by force of a statute made in the 35th Henry VIII, colonists may be transported to England and tried there upon accusations for treasons and misprisions, or concealment of treasons, committed in the Colonies ; and, by a late statute, such trials have been directed in cases therein mentioned.
"And whereas, in the late session of Parliament, three statutes were made, one entitled 'an Act to discontinue in such manner and for such time as are therein mentioned, the landing and dis- charging, lading or shipping of goods, wares and merchandise, at the town and within the harbour of Boston, in the Province of Massachusetts Bay, in North America,' another entitled 'an Act for the better regulating the government of the Province of Massa- chusetts Bay, in New England,' and another entitled 'an Act for the impartial administration of justice, in the cases of persons questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults, in the Province of Massachusetts Bay, in New England,' and another statute was then made 'for making more effectual provision for the govern-
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ment of the Province of Quebec, &e.,' all of which statutes are impolitiek, unjust and cruel as well as unconstitutional, and most dangerous and destructive of American rights.
"And whereas, Assemblies have been frequently dissolved, con- trary to the rights of the people, when they attempted to deliberate on grievances, and their dutiful, humble, loyal, and reasonable pe- titions to the crown for redress have been repeatedly treated with contempt by his Majesty's Ministers of State.
"The good people of the several colonies of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, New Castle, Kent and Sussex on Delaware, Maryland and Virginia, North Carolina and South Carolina, justly alarmed at these arbitrary proceedings of Parliament and the Administration, have severally elected, constituted and appointed deputies, to meet and sit in general Congress in the City of Philadelphia, in order to obtain such establishment 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, tak- ing into their most serious consideration the best means of attain- ing the ends aforesaid, do in the first place, as Englishmen, their ancestors, in like cases have usually done, for asserting and vindi- cating their rights and liberties, DECLARE;
"That the inhabitants of the English Colonies in North America, by the immutable laws of nature, the principles of the English Constitution and the several charters of compacts, have the follow- ing RIGHTS.
"Resolved, nemine contradicenle, 1st. That they are entitled to life, liberty and property ; and they have never ceded to any foreign power whatever, a right to dispose of either without their consent.
"Resolved, n. c. 2nd. That our ancestors, who first settled these Colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties and immunities of free and natural born subjects within the realms of England.
"Resolved, n. c. 3rd. That by such emigration they by no means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and
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enjoyment of all such of them, as their local and other circum- stances enable them to exercise and enjoy.
"Resolved, n. c. 4. That the foundation of English liberty and all free government is a right in the people to participate in their legislative council; and as the English Colonists are not repre- sented, and from their local and other circumstances cannot pro- perly be represented in the British Parliament, they are entitled to a free and exclusive power of legislation in their several Pro- vincial Legislatures, where their right of representation alone can be preserved, in all cases of taxation and internal policy, subject only to the negative of their Sovereign, in such manner as has heretofore been accustomed; but from the necessity of the case and a regard to the mutual interests of both countries, we cheer- fully consent to the operation of such acts of the British Parlia- ment as are bona fide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members, excluding every idea of taxation, internal or external, for raising a revenue on the subjects in America, without their consent.
"Resolved, n. c. 5. That the respective Colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage according to the course of that law.
"Resolved, n. c. 6. That they are entitled to the benefit of such of the English statutes as existed at the time of their colonization, and which they have, by experience, respectively found to be appli- cable to their several local and other circumstances.
"Resolved, n. c. 7. That these, his Majesty's Colonies, are like- wise entitled to all the immunities and privileges granted and con- firmed to them by royal charters, or secured by their several codes of Provincial laws.
"Resolved, n. c. 8. That they have a right peacably to assemble, consider of their grievances, and petition the King; and that all prosecutions, prohibitory proclamations, and commitments for the same are illegal.
"Resolved, n. c. 9. That the keeping a standing army in any of these Colonies in times of peace, without the consent of the
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Legislature of that Colony in which such army is kept, is against the law.
"Resolved, n. c. 10. It is indispensably necessary to good gov- ernment, and rendered essential by the English constitution, that the constituent branches of 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 destructive of the freedom of American legislation.
All and each of which the aforesaid deputies in behalf of them- selves and their constituents do claim, demand, and insist upon. as their indubitable rights and liberties: which cannot be legally taken from them, altered or abridged by any power whatsoever. without their own consent, by their representatives in their several Provincial Legislatures."
And upon the 20th day of October, 1974, they agreed upon the fol- lowing articles of association, to which each member present sub- scribed his name.
"First. That from and after the first day of December next, we will not import into British America from Great Britain and Ireland, any goods, wares, or merchandize whatsoever, or from any other place, any such goods, wares or marchandise, 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 pimento. from the British plantations, or from Dominica: nor wines from Madeira, or the Western Islands; nor foreign indigo.
"Second. That we will neither import, nor purchase any slave imported after the first day of December next: after which time we will wholly discontinue the slave trade, and will neither be con- cerned in it ourselves nor will we hire our vessels, nor sell our com- modities or manufactures to those who are concerned in it .:
"Third. As a non-consumption agreement strictly adhered to will be an effectual security for the observation of non-importa- tion, we, as above, solemnly agree and associate, that, from this day. we will not purchase or use any tea imported on account of the East India Company, or any on which a duty hath been or shall be paid, and from and after the first day of March next, we will not purchase or use any East India tea whatever, nor will we,
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nor shall any person for or under us, purchase or use, any of those goods, wares or merchandize we have agreed not to import, which we shall know or have cause to suspect, were imported after the first day of December, except such as come under the rules and directions of the tenth article hereinafter mentioned.
"Fourth, The earnest desire we have not to injure our fellow- subjects in Great Britain, Ireland or the West Indies, induces us to suspend non-exportation, until the tenth day of September 1775, at which time, if the said Acts and parts of Acts of the British Parliament, hereinafter mentioned, are not repealed, we will not, directly or indirectly, export any merchandize or com- modity whatsoever, to Great Britain, Ireland or the West Indies, except via Europe.
"Fifth, Such as are merchants and use the British and Irish trade, will give orders, as soon as possible, to their factors, agents and correspondents in Great Britain and Ireland, not to ship any goods to them, on any pretence whatever, as they cannot be received in America; and if any merchant residing in Great Britain or Ireland shall, directly or indirectly, ship any goods, wares or mer- chandize, for America, in order to break the said non-importation agreement, or in any manner contravene the same, on such unworthy conduct being well attested, it ought to be made publick ; and on the same being so done, we will not from thenceforth have any commercial connexion with such merchant.
"Sixth, That such as are owners of vessels will give positive orders to their captains, or masters, not to receive on board their vessels any goods prohibited by the said non-importation agree- ment, on pain of immediate dismission from their service.
"Seventh, We will use our utmost endeavors to 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, especially those of the most profitable kind; nor will we export any to the West Indies or elsewhere; and those of us who are or may become overstocked with, or can conveniently spare any sheep, will dispose of them to our neighbors, especially to the poorer sort, on moderate terms.
"Eighth, That we will in our several stations encourage fru- gality, economy and industry, and promote agriculture, arts and the manufactures of this country, especially that of wool, and will
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discountenance and discourage every species of extravagance and dissipation, especially all horse-racing, and all kinds of gaming, cock-fighting, exhibitions of shows, plays and other expensive diver- sions and entertainments. And on the death of any relation of friend, none of us, or any of our families, will go into any further mourning dress than a black erape or ribbon on the arm or hat for the gentleman, and a black ribbon or necklace for the ladies, and we will discontinue the giving of gloves and scarfs at funerals.
"Ninth, That such as are vendors of goods or merchandize will not take advantage of the scarcity of goods that may be occasioned by this association, but will sell the same at the rates we have been respectively accustomed to do, for twelve months last past. And if any vendor of goods or merchandize shall sell such goods on higher terms, or shall in any manner, or by any device what- soever, 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 first day of December, and before the first day of February next. the same ought, forth- with, at the election of the owner, to be either reshipped or deliv- ered up to the committee of the county or town wherein they shall be imported. to be stored at the risk of the importer, until the non- importation agreement shall cease, or be sold under direction of the committee aforesaid : and in the last mentioned case, the owner or owners of such goods shall be reimbursed out of the sales the first cost and charges, the profit, if any, to be applied towards the relieving and employing such poor inhabitants of the town of Boston as are immediately sufferers by the Boston Port Bill : and a particular account of all goods so returned, stored, or sold, to be inserted in the publick papers : and if any goods or merchandizes shall be imported after the said first day of February, the same ought forthwith, to be sent back again, without breaking any of the packages thereof.
"Eleventh. That a committee be chosen in every county, city. and town, by those who are qualified to vote for representatives in Legislature, whose business it shall be, attentively to observe the conduct of all persons touching the association : and when it shall
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be made to appear to the satisfaction of a majority of such com- mittee, that any person within the limits of their appointment has violated this association, that such majority do forthwith cause the truth of the case to be published in the Gazette, to the end that all such foes to the rights of British America may be publicklv known and universally contemned as the enemies of American liberty ; and thenceforth we will respectively break off all dealings with him or her.
"Twelfth, That the Committee of Correspondence in the respec- tive Colonies do frequently inspect the entries of their custom houses, and inform each other from time to time, of the true state thereof, and of every other material circumstance that may occur relative to this association.
"Thirteenth, That all manufactures of this country be sold at reasonable prices, so that no undue advantages be taken of a future scarcity of goods. .
"Fourteenth, And we do further agree and resolve, that we will have no trade, commerce, dealings or intercourse whatever with any Colony or Province in North America, which shall not accede to, or which shall hereafter violate this association, but will hold them as unworthy of the rights of freemen and as inimical to the liberties of their country.
"And we do solemnly bind ourselves and our constituents, under the ties aforesaid, to adhere to this association until such parts of the several Acts of Parliament passed since the close of the last war as imposed or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pimento, indigo, foreign paper, glass and painters' colors imported into America, and extend the powers of the Admiralty courts beyond their ancient limits, deprive the American subjects of trial by jury, authorize the judge's certificate to indemnify the prosecutor from damages, that he might other- wise be liable to, from a trial by his peers, require oppressive secu- rity from a claimant of ships or goods seized before he shall be allowed to defend his property, are repealed. And until that part of the Act of the 12 Geo. 3, ch. 24. entitled 'an Act for the better securing his Majesty's dock-yards, magazines, ships, ammunition and stores,' by which any persons charged with committing any of the offences therein described, in America, may be tried in any shire or county within the realm, is repealed-and until the four
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Acts passed in the last session of Parliament, viz., that for stopping the port and blocking up the harbour of Boston-that for alter- ing the Charter and Government of the Massachusetts Bay-and that which is entitled, "An Act for the better administration of justice, &c." --- and that for "extending the limits of Quebec, &e .. " are repealed. And we recommend it to the Provincial Conven- tions, and to the committee in the respective Colonies, to establish such further regulations as they may think proper, for carrying into execution this association."
After the adoption of the foregoing resolutions and articles of association, the Congress drew up a petition to the king, a memo- rial to the people of England and an address to the people of the Colonies, and another to the French Colonists of Quebec, Georgia and Nova Scotia. This Congress adjourned on the 26th day of October, 1124, after having decided to hold another Congress at the same place on the 10th day of May, 1115, if their present grievances continued. The proceedings of this Congress have enlisted the admiration of the world for more than one hundred and twenty- five years, and the work of the fifty-two men composing this Con- gress will live while a Republican form of Government and free institutions exist.
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