Declaration and Resolves of The First Continental Congress - Annotations of Resolves

Annotations of Resolves

Resolved, N.C.D. 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.

This resolve refers to the Administration of Justice Act, which meant British soldiers would not need to be tried in the colonies, but could go to Britain to be tried. This act angered colonists as they thought that since the soldiers would have to leave the colonies, they could escape and avoid persecution. British soldiers had been accused of committing crimes throughout the French and Indian War, and as some of these offenses were against colonists, they wanted to see the troops brought to justice for their offenses.

Resolved, N.C.D. 2. 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 realm of England.

Resolved, N.C.D. 3. 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 enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.

These resolves mean that upon emigration from Great Britain, the colonists were entitled to equal rights as the British, and should be treated as such. This is in reference to the Intolerable Acts that the colonists saw as limiting their freedom and placing them at a lower political and social level than the citizens of the mother country. This resolve is controversial as it suggests that colonial rights have not only been disrespected recently prior to the Continental Congress, but rather for many years before.

Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed: But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are bonfide, 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.

The colonists did not have direct representation in British Parliament, and felt that the government couldn’t place taxes on the colonists unless they had representatives in government. The colonists did not want to have taxes levied on them to raise money for the British government when they had no say in the legislature of such taxes. In reality, the British were implementing these taxes to raise the revenue they lost in the French and Indian War, as well as will the colonies into submission as the British felt their loyalty was wavering. The colonists slogan for this issue was “No taxation without representation” It is up for debate who the individual is who coined this expression. Different sources say it was Patrick Henry in 1750, while another says it was Jonathan Mayhew (also in 1750)

Resolved, N.C.D. 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.

In the Administration of Justice Act it was made law that the colonists had to be tried in British courts for crimes, and British soldiers accused of crimes could be tried in British courts. The colonists called this the ”murder act” because they felt soldiers could get away with murder by fleeing when they were supposed to go to Britain for trial. This resolve is depicting the colonists demand that they be tried in their own courts for crimes committed in the colonies.

Resolved, N.C.D. 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 applicable to their several local and other circumstances.

Resolved, N.C.D. 7. That these, his Majesty's colonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.

These resolves state the colonists are entitled to the rights stated in their individual colony’s charters, and have been since colonization. This is important for colonial rights as it ties into the issue of colonial legislative rights, in comparison to the rights of the monarch over the colonies. This document states that colonial rights cannot be altered too much, as the colonial charter must be respected.

Resolved, N.C.D. 8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal.

The purpose of this resolve is to ease the tension and the colonies by making sure they have the right to assemble and petition the king, in the forms of committees of correspondence. Committees of correspondence were formed in the period between 1772 and 1774 as a way for colonists and colonial leaders to express their grievances towards the King.

Resolved, N.C.D. 9. That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that colony, in which such army is kept, is against law.

The resolution above was included in the Declaration and Resolves of the First Continental Congress as the British had placed a permanent army in Massachusetts in 1768. The colonists were angered that these troops were to be quartered in their houses, fed with their food, and showed a blatant mistrust from Britain and increased control in the colonies.

Resolved, N.C.D. 10. It is indispensably necessary to good government, 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 to the freedom of American legislation.

All and each of which the aforesaid 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 legislature.

In the course of our inquiry, we find many infringements 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 proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America.

This resolve was created to demand and proclaim that colonial legislatures shouldn’t be controlled by a council appointed by the crown, but rather by colonists and leaders of their own choosing. The addition of this resolve is further demanding colonial independence by placing additional control in the hands of the colonial government.

Resolved, N.C.D. That the following acts of parliament are infringements and violations of the rights of the colonists; and that the repeal of them is essentially necessary, in order to restore harmony between Great Britain and the American colonies, viz.

The several acts of Geo. III. ch. 15, and ch. 34.-5 Geo. III. ch.25.-6 Geo. ch. 52.-7 Geo.III. ch. 41 and ch. 46.-8 Geo. III. ch. 22. which impose duties for the purpose of raising a revenue in America, extend the power of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized, before he shall be allowed to defend his property, and are subversive of American rights.

Also 12 Geo. III. ch. 24, intituled, "An act for the better securing his majesty's dockyards, magazines, ships, ammunition, and stores," which declares a new offence in America, and deprives the American subject of a constitutional trial by jury of the vicinage, by authorizing the trial of any person, charged with the committing any offence described in the said act, out of the realm, to be indicted and tried for the same in any shire or county within the realm.

Also the three acts passed in the last session of parliament, for stopping the port and blocking up the harbour of Boston, for altering the charter and government of Massachusetts-Bay, and that which is entitled, "An act for the better administration of justice, etc."

Also the act passed in the same session for establishing the Roman Catholic religion, in the province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there, to the great danger (from so total a dissimilarity of religion, law and government) of the neighboring British colonies, by the assistance of whose blood and treasure the said country was conquered from France.

Also the act passed in the same session, for the better providing suitable quarters for officers and soldiers in his majesty's service, in North-America.

Also, that the keeping a standing army in several 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 final resolve in this document refers to all of the intolerable acts, and states that under the Declaration and Resolves of the First Continental Congress, they are prohibited and illegal. The anger over the Intolerable Acts was no secret to the British government, and the issue of taxation without representation was voiced loudly, however this resolve questions the authority of the monarch and parliaments rule in the colonies.