ams, although a decided Congregation-sublime-for America, for the Congress, alist himself, declared that he was ready to join in prayer with any gentleman of piety and virtue, whatever might be his cloth, provided he was a friend to his country; and he thereupon moved that the Rev. Jacob Duché, rector of Christ church, Philadelphia, be invited to officiate as chaplain. Mr. Duché accepted the invitation, and officiated in his robes, using the service of the Episcopal Church. Washington, following the custom of the church of which he was a member, knelt in prayer with great seriousness and devotion. This scene is so graphically depicted in a letter from John Adams to his wife, September 16th, 1774, that we cannot forbear to quote it for the gratification of the reader. Having stated that Mr. Duché appeared "with his clerk and pontificals," Adams goes on to relate, that he "read several prayers in the established form, and then read the Collect (the Psalter) for the seventh day of September, which was the thirtyfifth Psalm. You must remember this was the next morning after we heard the horrible rumor of the cannonade of Boston. I never saw a greater effect upon an audience. It seems as if as if Heaven had ordained that Psalm to be read on that morning. After this, Mr. Duché, unexpectedly to everybody, struck out into an extemporary prayer, which filled the bosom of every man present. I must confess I never heard a better prayer, or one so well pronounced. Episcopalian as he is, Dr. Cooper himself never prayed with such fervor, such ardor, such earnestness and pathos, and in language so elegant and for the province of Massachusetts Bay, and especially the town of Boston. It has had an excellent effect upon everybody here. I must beg you to read that Psalm. If there was any faith in the Sortes Virgilianæ, or Sortes Homerice, or especially in the Sortes Biblicæ, it would be thought providential. Mr. Duché is one of the most ingenious men, and best characters, and greatest orators, in the Episcopal order, upon this continent-yet a zealous friend of liberty and his country. Congress having resolved to sit with closed doors, the world has been deprived of the eloquent and wise words which fell from various members during its discussions. Their action is all that is on record. A committee of two from each colony was appointed to examine into the rights of the colonies and the instances in which they had been violated, as well as to suggest the most suitable means for obtaining redress. A "Declaration of Colonial Rights," was agreed upon with great unanimity. This document is worthy careful perusal, and is as follows: "Whereas, since the close of the last war, the British Parliament, claiming a power of right to bind the people of America by statutes in all cases whatsoever, hath in some acts expressly imposed taxes on them; and in others, under various pretences, but in fact for the purpose of raising a revenue, hath * Some three years later, when the British were in possession of Philadelphia, Duché's timidity overcame him, and he wrote a letter to Washington, urging him to give up the cause of independence. This led to his leaving America, to which, however, he returned in 1790. CH. XII.] DECLARATION OF RIGHTS. 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 times of peace: and whereas it has lately been resolved in Parliament, that by force of a statute made in the 35th year of the reign of Henry VII., colonists may be transported to England, and tried there, upon accusations for treason, and misprisions and 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 last 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 discharging, lading or shipping of goods, wares and merchandise, at the town and within the harbor 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 Massachusetts Bay in New England;' and another act, entitled 'An act for the impartial administration of justice in the cases of person questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults VOL. I.-43 321 in the province of Massachusetts Bay in New England:' and another statute was then made for making more effectual provision for the government of the province of Quebec, etc.: all which statutes are impolitic, unjust and cruel, as well as unconstitutional, and most dangerous and destructive of American rights: "And whereas, Assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal and reasonable petitions 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, Newcastle, Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina,-justly alarmed at the arbitrary proceedings of Parliament and administrations, 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, taking into their most serious consideration the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors, in like cases have usually done for asserting and vindicating 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 or compacts, have the following rights : "Resolved unanimously,-1st, That they are entitled to life, liberty and property ; and they have never ceded to any sovereign whatsoever, a right to dispose of either without their consent. "Resolved,-2d, 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, 3d, 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 enabled them to exercise and enjoy. "Resolved, 4th, That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative councils; 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 interests of both countries, we cheerfully consent to the operation of such acts of the British Parliament 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, external or internal, for raising a revenue on the subjects of America, without their consent. Resolved,—5th, 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,-6th, 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,-7th, That these, his majesty's colonies are likewise entitled to all the privileges and immunities granted and confirmed to them by royal charters, or secured by their several codes. of provincial laws. "Resolved,-8th, 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. "Resolved, 9th, That the keeping a standing army in these colonies in CH. XII.] PAPERS OF THE FIRST CONGRESS. times of peace, without the consent of the legislature of that colony in which such army is kept, is against law. Resolved,—10th, 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. t "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 legislatures. 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. 323 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 judge's 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. 66 Also, 12 Geo. III., ch. 24, entitled 'An act for the better securing his majesty's dock yards, 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 of fence 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 harbor 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.' "Resolved, That the following acts of Parliament are infringements and Also, the act passed in the same violations of the rights of the colonists; session for establishing the Roman and that the repeal of them is essen- Catholic religion in the province of tially necessary, in order to restore har- Quebec, abolishing the equitable system mony between Great Britain and the of English laws, and erecting a tyranny American colonies, viz., the several acts there, to the great danger, (from so total of 4 Geo. III., ch. 15 and 34; 5 Geo. a dissimilarity of religion, law and govIII., ch. 25; 6 Geo. III., ch. 52; 7 Geo. | ernment,) 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. "To these grievous acts and measures Americans cannot submit; but in hopes their fellow subjects in Great Britain will, on a revision of them, restore us to that state, in which both countries found happiness and prosperity, we have, for the present, only resolved to pursue the following peaceable measures: 1. To enter into a nonimportation association. 2. To prepare an address to the people of Great Britain, and a memorial to the inhabitants of British America: and 3. To prepare a loyal address to his majesty, agreeably to resolutions already entered into." Great Britain" was drawn up by John Jay, and justly deserved admiration for its manliness and dignity of tone and expression. Richard Henry Lee 1774. drafted the "Address to the Inhabitants of British America." Patrick Henry was charged with the preparing the Petition to the King; but the draft presented by him did not give satisfaction, and Dickinson drew up another which Congress approved. Dickinson also prepared the "Address to the Inhabitants of Canada;" but for reasons alluded to on a previous page, it did not produce any effect towards inducing them to join with the colonies represented in the Continental Congress. We shall not attempt to give an abstract of these able documents; we prefer to let the reader have the opportunity of judging for himself, by a careful perusal of them. He will find them in the Appendix to the present chapter. In this connection Mr. Curtis well remarks, that "an examination of the relations of the first Congress to the colonies which instituted it, will not enCongress prepared and adopted an able us to assign to it the character of agreement for strictly abstaining from a government. Its members were not all commercial intercourse with Britain, elected for the express purpose of makand recommended Americans univer- ing a revolution. It was an Assembly sally to carry out the same. It was convened from separate colonies, each also advised that the names of all per- of which had causes of complaint sons rejecting or violating this agree- against the imperial government, to ment should be publicly proclaimed as which it acknowledged its allegiance to enemies to the rights of America. Fol- be due, and each of which regarded it lowing the instructions of many of their as essential to its own interests, to make constituents, they denounced the slave common cause with the others, for the trade as injurious and pernicious to the purpose of obtaining redress of its own best interests of America. grievances. The idea of separating The "Address to the People of themselves from the mother country |