Page:History of the United States of America, Spencer, v1.djvu/347

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Ch. XII.]
PAPERS OF THE FIRST CONGRESS.
323

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.

"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.

"Resolved,—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 4 Geo. III, ch. 15 and 34; 5 Geo. III., ch. 25; 6 Geo. III 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 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.

"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.'

"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