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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Journals of the Continental Congress --MONDAY, JULY 31, 1775
Met according to adjournment.
The Congress took into consideration the report of the committee on the resolve of the house of Commons, and the same being debated by paragraphs, was agreed to as follows:
here insert it1
[Note 1: 1 This report was not entered upon the Journals.]
The several Assemblies of New Jersey, Pennsylvania, and Virginia, having referred to the Congress a resolution of the House of Commons of Great Britain, which resolution is in these words:
Lunæ, 20° Die Feb. 1775.
The House in a Committee on the American papers. Motion made, and question proposed:
That it is the opinion of this Committee, that when the General Council and Assembly, or General Court of any of his Majesty's provinces, or colonies in America, shall propose to make provision, according to the condition, circumstance, or situation of such province or colony, for contributing their proportion to the common defence (such proportion to be raised under the authority of the General Court, or General Assembly of such province or colony, and disposable by Parliament) and shall engage to make provision also, for the support of the civil government, and the administration of justice in such province or colony, it will
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be proper, if such proposal shall be approved by his Majesty, and the two Houses of Parliament, and for so long as such provision shall be made accordingly, to forbear in respect of such province or colony, to lay any duty, tax, or assessment, or to impose any farther duty, tax, or assessment, except only such duties as it may be expedient to continue to levy or impose, for the regulation of commerce; the net produce or the duties last mentioned to be carried to the account of such province or colony respectively.
That the colonies of America possess an the exclusive right privilege of giving and granting their own money; that this involves a right of deliberating whether they will give any sums make any gift, for what purposes they will give them it shall be made, and what shall be it's the amount of the gift, and that it is a high breach of this privilege for any body of men, extraneous to their constitutions, to prescribe the purposes for which money shall be levied on
That the colonies of America are entitled to the sole and exclusive privilege of giving and granting their own money: that this involves a right of deliberating whether they will make any gift, for what purposes it shall be made, and what shall be its amount; and that it is a high breach of this privilege for any body of men, extraneous to their constitutions, to prescribe the purposes for which money shall be levied on them, to take to themselves the authority
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That as they possess a right of appropriating their gifts, so are they entitled at all times to inquire into it's their application; to see that it they be not distributed wasted among the venaland corrupt to sap for the purpose of sapping undermining their the civil rights of the givers, of overbearing them by with military force power by diverting them nor yet applied be diverted to the support of standing armies for the purpose of over bearing these rights by military inconsistent with domestic quiet the right to make their freedom and subversive of our their quiet. To propose therefore as this resolution does that the monies given by the colonies shall be subject to the disposal of parliament alone, is to propose that they shall surrender give away relinquish this right of enquiry; and to put it in the power of others to render their gifts ruinous in proportion as they are liberal.
That this privilege of giving or of withholding our monies is an important barrier against in the undue exertion of prerogative, which if left altogether without
That as the colonies possess a right of appropriating their gifts, so are they entitled at all times to enquire into their application, to see that they be not wasted among the venal and corrupt for the purpose of undermining the civil rights of the givers, nor yet be diverted to the support of standing armies, inconsistent with their freedom and subversive of their quiet. To propose, therefore, as this resolution does, that the monies given by the colonies shall be subject to the disposal of parliament alone, is to propose that they shall relinquish this right of inquiry, and put it in the power of others to render their gifts ruinous, in proportion as they are liberal.
That this privilege of giving or of withholding our monies, is an important barrier against the undue exertion of prerogative, which, if left altogether without
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We are further of opinion
That the proposition contained in this resolution is uncandid unequal unreasonable and insidious: uncandid unequal unreasonable because if we declare we accede to it we declare in absolute terms without reservation we will purchase the favour of parliament not without knowg not at the same time what and leave the price of that purchase to be fixed by the sellers alone, at what price they will please to estimate their favour; it is insidious because a colony on refusal of any a proffered sum any individual colonies having bid and bidden again till it they find the height of parliamentary avidity of the seller unattainable by all it's their powers, are then to return into opposition single and unsupported divided from it's their sister colonies having being in the meantime been taken whom the minister shall will have previously being artfully detached from the Union by acceptance a grant of easier terms, or deluded into inactivity by keeping up into a definitive answer or by an artful procrastination of a definitive answer.
We are of opinion that the proposition contained in this resolution is unreasonable and insidious: Unreasonable, because, if we declare we accede to it, we declare, without reservation, we will purchase the favor of parliament, not knowing at the same time at what price they will please to estimate their favor; it is insidious, because, individual colonies, having bid and bidden again, till they find the avidity of the seller too great for all their powers to satisfy; are then to return into opposition, divided from their sister colonies whom the minister will have previously detached by a grant of easier terms, or by an artful procrastination of a definitive answer.
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We are of opinion that our brethren of Britain even fair terms could hardly be accepted by free men when attended with circumstances so insultive circumstances
Tho' desirous and determined to consider in the most dispassionate light view every advance towards reconciliation made by the British parlmt, yet we feel what must could have been the sacrifice to men of free spirits had to accept even fair terms been proffered as these were with the most irritating circumstances
Desirous and determined, as we are, to consider, in the most dispassionate view, every seeming advance towards a reconciliation made by the British reflect, what would have been the sacrifice to men of free spirits, had even fair terms been proffered, as these
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We think that the attempt alike unaccountable and unnecessary and unaccountable to raise upon us by force or by threats our proportional contributions to the common defense, when all know, and themselves acknowledge we have ever freely and fully given those contributed whenever called upon as to contribute in the character [of] freemen should be is one among a plain proof, among many others that not the obtaining this but the reducing to their absolute dominion was not the ultimate end of Parliamentary object of parliament.
We are of opinion it is not just yt the colonies should make any be required to oblige themselves stipulate to other contributions while Great Britain possesses a monopoly of their trade. This is of does of itself lay them under a heavy contribution levied on them. To demand therefore another additional.
We think the attempt unnecessary to raise upon us by force or by threats, our proportional contributions to the common defence, when all know, and themselves acknowledge, we have fully contributed, whenever called upon to do so in the character of freemen.
We are of opinion it is not just that the colonies should be required to oblige themselves to other contributions, while Great Britain possesses a monopoly of their trade. This of itself lays them under heavy contribution. To demand, therefore, additional aids in the form of a tax, is to demand.
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9. We conceive that the Brit. parl. has no right to intermeddle with our provision for the support of civil governmnt, or administration of justice. That the provisions has been made in such manner as to we have already we have made are such as please ourselves, they answer the substantial purposes of govermt and of justice, and other purposes than these should not be answered. We do not mean to burthen that our people shall be burthened with heavy and oppressive taxes to provide sinecures for the drones of creation ministerial partisans the idle or wicked under color of providing for a civil list. But while parliament pursue their unmolested their plan of civil govmt within their own jurisdiction we also hope to pursue ours also without molestation.
We conceive that the British parliament has no right to intermeddle with our provisions for the support of civil government, or administration of justice. The provisions we have made, are such as please ourselves, and are agreeable to our own circumstances: they answer the substantial purposes of government and of justice, and other purposes than these should not be answered. We do not mean that our people shall be burthened with oppressive taxes, to provide sinecures for the idle or the wicked, under colour of providing for a civil list. While parliament pursue their plan of civil government within their own jurisdiction, we also hope to pursue ours without molestation.
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Upon the whole
This proposition seems to have been held up to the world to deceive them it into a belief that the colonies are unreasonable there was no matter &c. [that there was no matter in dispute between us but the single circumstance of the mode of levying taxes, which mode as they are so good as to give up to us, of course that the colonies are unreasonable if they are not thereby perfectly satisfied: whereas in truth our adversaries not only still claim a right of demanding ad libitum and of taxing us themselves to the full amount of their demands if we do not fulfill their pleasure, which leaves us without any thing we can call property, but what is of more importance and what they keep in this proposal out of sight as if no such point was in contest, they claim a right of altering all our charters and established laws which leaves us without the least security for our lives or liberties. the proposition seems also calculated
Upon the whole, this proposition seems to have been held up to the world, to deceive it into a belief that there was nothing in dispute between us but the mode of levying taxes; and that the parliament having now been so good as to give up this, the colonies are unreasonable if not perfectly satisfied: Whereas, in truth, our adversaries still claim a right of demanding ad libitum, and of taxing us themselves to the full amount of their demand, if we do not comply with it. This leaves us without any thing we can call property. But, what is of more importance, and what in this proposal they keep out of sight, as if no such point was now in contest between us, they claim a right to alter our charters and established laws, and leave us without any security for our lives or liberties. The proposition seems also to have been calculated more particularly to lull into fatal security, our well-affected fellow subjects on the other side the water, till time
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but and more particularly to lull into fatal security our well affected fellow subjects on that the other side the water into a fatal security till time should be given for the operation of those arms which a British minister pronounced would instantaneously reduce the "cowardly" sons of America to unreserved submission. But when the world reflects how inadequate to justice are the vaunted terms offered, when it attends to the rapid and bold succession of injuries which for the space during a course of 11 years have been aimed at these colonies by a wicked administration, when it reviews the pacific and respectful applications complaints expostulations which during that whole time have been made the sole arms we oppose to their usurpations them, when it considers observes that our complaints were either not heard at all, or were answered with new and accumulated injury,[Note 1: 1 A paragraph inserted. A manuscript in the writing of Benjamin Franklin, found in the Jefferson Papers, proves that this paragraph was an amendment offered by Franklin. This paper is as follows:
"amendment by Dr Franklin.
"that there was no Matter in Dispute between us but the single Circumstance of the Mode of Levying Taxes, which Mode as they are so good as to give up to us; of course that the Colonies are unreasonable if they are not thereby perfectly satisfied: Whereas in truth our Adversaries not only still claim a Right of demanding ad libitum, and of taxing us themselves to the full Amount of their Demands if we do not fulfill their Pleasure, which leaves us without anything we can call Property; but what is of more importance, and what they keep in this Proposal out of sight, as if no such Point was in Contest, they claim a Right (and actually do practice it) of altering all our Charters and establish'd Laws, which would leave us not the Shadow of Liberty without the least Security for our Lives or Liberty. The Proposition seems also calculated more particularly &c"]
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till America was at his feet, and that an avowed partisan of ministry has more lately denounced against America the dreadful sentence "Delenda est Carthago," that this was done in the presence of a British senate and being unreproved by them we must considered be taken to be as approved their own sentiment; when it considers the great armaments by sea and land with which they have invaded us by sea and land, and the circumstances of cruelty with which these have commenced and prosecuted hostilities; when these things we say are laid together and attentively considered, can the world be deceived by the artifices of a ministry into an opinion that we are unreasonable, or can it hesitate to believe with us that nothing but our own exertions can may defeat the ministerial sentence of death or submission.[Note 1: 1 In the final version the words "that he would never treat with America till he had brought her to his feet" are inserted here.]
[Note 1: 1 In his "Autobiography" Jefferson wrote: "On the 22d. of July Dr Franklin, Mr. Adams, R. H. Lee and myself, were appointed a commee to consider and report on Ld. North's conciliatory resolution. The answer of the Virginia Assembly on that subject having been approved I was requested by the commee to prepare this report, which will account for the similarity of feature in the two instruments." Writings of Thomas Jefferson, (Ford), I, 18. This first form of the report was probably submitted on July 25, and laid on the table. The original of this draft report is in the Jefferson Manuscripts in the Library of Congress, Fifth Series, Vol. VIII, No. 5.]
By order of theCongress,
John Hancock,
"President2
Philadelphia, July 31, 1775.
[Note 2: 2 This paper was printed in the Pennsylvania Packet, 7 August, 1775.]
On motion made, Resolved, That Mr. [John] Langdon, Mr. J[ohn] Adams, Mr. [Stephen] Hopkins, Mr. [Silas] Deane, Mr. [George] Clinton, Mr. [Stephen] Crane, Doctr [Benjamin] Franklin, Mr. [Caesar] Rodney, Mr. [Thomas] Johnson, Mr. [Patrick] Henry, Mr. [Joseph] Hewes, Mr. [Christopher] Gadsden, and Mr. [Lyman] Hall, be a Committe
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in the recess of Congress, to make enquiry in all the colonies, after virgin lead, and leaden ore, and the best methods of collecting, smelting, and refining it.
Resolved, That the above named gentlemen be a Committee, in the recess of the Congress, to inquire into the cheapest and easiest methods of making salt in these colonies.
Agreeable to the order of the day, the Congress took into consideration the state of trade after the 10th. of Septr, and after some debate, the same was postponed to a future day.
On motion made, Resolved, That when the Congress adjourns for recess, it be adjourned to meet at Philadelphia.
Two petitions were laid before the Congress respecting disputes between the people of Connecticut and Pensylvania on lands lying between the east and west branches on the waters of Susquehannah, and the same being read,
Ordered, to lie on the table for the perusal of the members.
Two petitions, one from sundry merchants in New York, the other from sundry merchants in Philadelphia, respecting the sale of Teas imported before the late association, were laid before the Congress.
Ordered, To lie on the table.
Adjourned till to Morrow at 8 o'Clock.
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