Slike strani
PDF
ePub

Saint Lawrence, or upon the coast of Cape Breton, or Nova Scotia, or any other part of the coast of North America, or having on board materials for carrying on any such fishery, every such ship or vessel, with her guns, ammunition, tackle, apparel, and furniture, together with the fish, if any shall be found on board, shall be forfeited, unless the master, or other person, having the charge of such ship or vessel, do produce to the commander of any of his Majesty's ships of war, stationed for the protection and superintendence of the British fisheries in America, a certificate, under the hand and seal of the governor or commander in chief, of any of the colonies or plantations of Quebec, Newfoundland, Saint John, Nova Scotia, New York, New Jersey, Pensylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, East Florida, West Florida, Bahamas, and Bermudas, setting forth, that such ship or vessel, expressing her name, and the name of her master, and describing her built and burthen, hath fitted and cleared out, from some one of the said colonies or plantations, in order to proceed upon the said fishery, and that she actually and bona fide belongs to and is the whole and entire property of his Majesty's subjects, inhabitants of the said colony or plantation. . .

[Section VIII subjects vessels engaged in the fisheries to search. Sections IX., X., and XI. provide that this act shall not extend to ships clearing from the colonies before June 1, for the whale fishery only; nor to ships belonging to the island of Nantucket, cleared for the whale fishery, and having a proper certificate; nor to fishing vessels fitted out by the towns of Marshfield and Scituate. By Sec. XII., the St. Croix river is declared to be, for the purposes of this act, the boundary between Massachusetts and Nova Scotia.]

XIII. And whereas it is the intent and meaning of this act, that the several prohibitions and restraints herein imposed upon the trade and commerce, and fisheries, of the said provinces and colonies should be discontinued and cease, so soon as the trade and commerce of his Majesty's subjects may be carried on without interruption; be it therefore enacted . . ., That whenever it shall be made appear to the satisfaction of his Majesty's governor or commander in chief, and the majority of the council, in the provinces of New Hampshire and Massachuset's Bay respectively, that peace and obedience to the laws shall be so far restored

within the said provinces, or either of them, that the trade and commerce of his Majesty's subjects may be carried on without interruption within the same; and that goods, wares, and merchandise, have been freely imported into the said provinces, or either of them, from Great Britain, and exposed to sale, without any let, hindrance, or molestation, from or by reason of any unlawful combinations to prevent or obstruct the same; and that goods, wares, and merchandise, have in like manner been exported from the said provinces, or either of them respectively, to Great Britain, for and during the term of one calendar month preceeding; that then, and in such case, it shall and may be lawful for the governor or commander in chief, with the advice of the council of such provinces respectively, by proclamation, under the seal of such respective province, to notify the same to the several officers of the customs, and all others; and after such proclamation, this act with respect to such province, within which such proclamation or proclamations have been issued as aforesaid, shall be discontinued and cease, (except as herein-after provided) . . .

[By Sections XIV. and XV., like proclamation may be made for Connecticut and Rhode Island, on proof that lawful trade has been resumed; but proceedings upon previous seizures are not to be thereby discharged.]

[blocks in formation]

No. 47.

Declaration of the Causes and Necessity of Taking up Arms

July 6, 1775

JUNE 23, 1775, John Rutledge of South Carolina, William Livingston of New Jersey, Franklin, Jay, and Thomas Johnson of Maryland, were appointed a committee "to draw up a declaration, to be published by General Washington, upon his arrival at the camp before Boston." The report was brought in the next day, and on the 26th, after debate, was recommitted, and Dickinson and Jefferson added to the committee. A draft prepared by Jefferson being thought by Dickinson too outspoken, the latter prepared a new one, retaining, however, the closing paragraphs as drawn by Jefferson. In this form the declaration was reported June 27, and agreed to July 6.

REFERENCES.

Text in Journals of Congress (ed. 1800), I., 134-139. The case for the colonies in 1775 is best stated in John Adams's Novanglus (Works, IV., 11-177), in reply to a series of newspaper articles by Daniel Leonard, over the signature of Massachusettensis. The two series were printed together at Boston in 1819.

A declaration by the Representatives of the United Colonies of North-America, now met in Congress at Philadelphia, setting forth the causes and necessity of their taking up arms.

IF it was possible for men, who exercise their reason to believe, that the divine Author of our existence intended a part of the human race to hold an absolute property in, and an unbounded power over others, marked out by his infinite goodness and wisdom, as the objects of a legal domination never rightfully resistible, however severe and oppressive, the inhabitants of these colonies might at least require from the parliament of GreatBritain some evidence, that this dreadful authority over them, has been granted to that body. But a reverence for our great Creator, principles of humanity, and the dictates of common sense, must convince all those who reflect upon the subject, that government was instituted to promote the welfare of mankind, and ought to be administered for the attainment of that end. The legislature of Great-Britain, however, stimulated by an inordinate passion for a power not only unjustifiable, but which they know to be peculiarly reprobated by the very constitution of that kingdom, and desperate of success in any mode of contest, where regard should be had to truth, law, or right, have at length, deserting those, attempted to effect their cruel and impolitic purpose of enslaving these colonies by violence, and have thereby rendered it necessary for us to close with their last appeal from reason to arms. Yet, however blinded that assembly may be, by their intemperate rage for unlimited domination, so to slight justice and the opinion of mankind, we esteem ourselves bound by obligations of respect to the rest of the world, to make known the justice of our cause.

Our forefathers, inhabitants of the island of Great-Britain, left their native land, to seek on these shores a residence for civil and religious freedom. At the expense of their blood, at the hazard of their fortunes, without the least charge to the country from

N

which they removed, by unceasing labour, and an unconquerable spirit, they effected settlements in the distant and inhospitable wilds of America, then filled with numerous and warlike nations of barbarians. Societies or governments, vested with perfect legislatures, were formed under charters from the crown, and an harmonious intercourse was established between the colonies and the kingdom from which they derived their origin. The mutual benefits of this union became in a short time so extraordinary, as to excite astonishment. It is universally confessed, that the amazing increase of the wealth, strength, and navigation of the realm, arose from this source; and the minister, who so wisely and successfully directed the measures of Great-Britain in the late war, publicly declared, that these colonies enabled her to triumph over her enemies. - Towards the conclusion of that war, it pleased our sovereign to make a change in his counsels. · From that fatal moment, the affairs of the British empire began to fall into confusion, and gradually sliding from the summit of glorious prosperity, to which they had been advanced by the virtues and abilities of one man, are at length distracted by the convulsions, that now shake it to its deepest foundations. — The new ministry finding the brave foes of Britain, though frequently defeated, yet still contending, took up the unfortunate idea of granting them a hasty peace, and of then subduing her faithful friends.

These devoted colonies were judged to be in such a state, as to present victories without bloodshed, and all the easy emoluments of statuteable plunder. The uninterrupted tenor of their peaceable and respectful behaviour from the beginning of colonization, their dutiful, zealous, and useful services during the war, though so recently and amply acknowledged in the most honourable manner by his majesty, by the late king, and by parliament, could not save them from the meditated innovations. — Parliament was influenced to adopt the pernicious project, and assuming a new power over them, have in the course of eleven years, given such decisive specimens of the spirit and consequences attending this power, as to leave no doubt concerning the effects of acquiescence under it. They have undertaken to give and grant our money without our consent, though we have ever exercised an exclusive right to dispose of our own property;

statutes have been passed for extending the jurisdiction of courts of admiralty and vice-admiralty beyond their ancient limits; for depriving us of the accustomed and inestimable privilege of trial by jury, in cases affecting both life and property; for suspending the legislature of one of the colonies; for interdicting all commerce to the capital of another; and for altering fundamentally the form of government established by charter, and secured by acts of its own legislature solemnly confirmed by the crown; for exempting the "murderers" of colonists from legal trial, and in effect, from punishment; for erecting in a neighbouring province, acquired by the joint arms of Great-Britain and America, a despotism dangerous to our very existence; and for quartering soldiers upon the colonists in time of profound peace. It has also been resolved in parliament, that colonists charged with committing certain offences, shall be transported to England to be tried.

But why should we enumerate our injuries in detail? By one statute it is declared, that parliament can "of right make laws to bind us in all cases whatsoever." What is to defend us against so enormous, so unlimited a power? Not a single man of those who assume it, is chosen by us; or is subject to our controul or influence; but, on the contrary, they are all of them exempt from the operation of such laws, and an American revenue, if not diverted from the ostensible purposes for which it is raised, would actually lighten their own burdens in proportion, as they increase ours. We saw the misery to which such despotism would reduce us. We for ten years incessantly and ineffectually besieged the throne as supplicants; we reasoned, we remonstrated with parliament, in the most mild and decent language.

Administration sensible that we should regard these oppressive measures as freemen ought to do, sent over fleets and armies to enforce them. The indignation of the Americans was roused, it is true; but it was the indignation of a virtuous, loyal, and affectionate people. A Congress of delegates from the United Colonies was assembled at Philadelphia, on the fifth day of last September. We resolved again to offer an humble and dutiful petition to the king, and also addressed our fellow-subjects of Great-Britain. We have pursued every temperate, every respectful measure: we have even proceeded to break off our commercial intercourse

« PrejšnjaNaprej »