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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 --FRIDAY, JUNE 28, 1776
The Committee of Claims, to whom was referred the petition and accounts of Thomas Thomson, report,
That there ought to be paid to Thomas Thomson the sum of 750 dollars, in part of an account for lumber, said to have been delivered by Simon Metcalf to the forces belonging to the continent, at St. John's, in Canada:
Ordered, that the said account be paid.
A petition from Colonel James Easton was presented to Congress and read:
Resolved, That the same be referred to the committee appointed to enquire into the causes of the miscarriages in Canada.
The Committee of Claims reported, that there is due,
To Thomas Mayberry, 117 29/90 dollars, for plated iron:
Resolved, That the said sum be paid.
A petition of William Poole was presented to Congress and read:
Resolved, That it be referred to the committee for making provision for wounded and disabled soldiers.
Francis Hopkinson, Esqr. one of the delegates for New Jersey, attended, and produced the credentials of their appointment, which were read, as follows, viz.
In Provincial Congress, New Jersey,
Burlington, June 21st, 1776.
The Congress proceeded to the Election of Delegates to represent this Colony in Continental Congress, when Richard Stockton, Abraham Clark, John Hart, and Francis Hopkinson, Esqs. and Dr. John Witherspoon, were elected by Ballot, to serve for one Year, unless a new Appointment be made before that Time.
Resolved, That the following Instructions be given to the Delegates elected as aforesaid:
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To Richard Stockton, Abraham Clark, John Hart and Francis Hopkinson, Esquires, and the Reverend Dr. John Witherspoon, Delegates appointed to represent the Colony of New Jersey in Continental Congress:
The Congress empower and direct you, in the Name of this Colony, to join with the Delegates of the other Colonies in Continental Congress, in the most vigorous Measures for supporting the just Rights and Liberties of America; and, if you shall judge it necessary or expedient for this Purpose, we empower you to join with them in declaring the United Colonies independent of Great Britain, entering into a Confederacy for Union and common Defence, making Treaties with foreign Nations for Commerce and Assistance, and to take such other Measures as may appear to them and you necessary for these great Ends; promising to support them with the whole Force of this Province; always observing, that, whatever Plan of Confederacy you enter into, the Regulating the internal Police of this Province is to be reserved to the Colony Legislature. By Order of Congress.
Samuel Tucker,President.
Extract from the Minutes:
Wm. Paterson,Secretary.
In Provincial Congress, New Jersey,Burlington, June 22d, 1776.
Upon the Question, Whether one or more Delegates shall be a Quorum to represent this Province in Continental Congress, it was carried in Favour of one.
Extract from the Minutes.Wm. Paterson,Secr.
The Board of War brought in a report, which was read in these words:
Monsieur Le chevalier de Kirmovan, having produced to the Board indubitable credentials of his good character and superior abilities in the art of war, and particularly as an engineer, the Board resolved to recommend him to Congress as a person who can be much confided in; and it is the opinion of the Board, that the committee of safety of Pensylvania be requested to employ him in planning and laying out the fortification agreed by Congress, to be erected at Billingsport, on the river Delaware.
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The said report being again read,
Resolved, That the same be agreed to.
Resolved, That Mr. [Francis] Hopkinson be added to the committee for preparing a plan of confederation.
Resolved, That the Secret Committee be directed to sell to the committee of Salem county, in New Jersey, 300 lbs. of powder.
The committee appointed to prepare a declaration, &c. brought in a draught, which was read:
Ordered, To lie on the table.
A Declaration by the Representatives of the United States of America in general Congress assembled.
When in the Course of human Events it becomes necessary for a People to advance from that Subordination, in which they have
A Declaration by the Representatives of the United States of America, in General2
Congress assembled.[Note 2: 2 In MS. A this word is in brackets.]
When in the course of human events it becomes necessary for a one people toadvance from that subordination in which they have
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We hold these Truths to be self evident; that all Men are created equal and independent; that from that equal Creation they derive Rights inherent and unalienable; among which are the Preservation of Life, and Liberty, and the Pursuit of Happiness; that to secure these Ends, Governments are instituted among Men, deriving their just Powers from the Consent of the governed; that whenever, any form of Government, shall become destructive of these ends, it is the Right of the People to alter, or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall Seem most likely to effect their Safety and Happiness. Prudence indeed will dictate that Governments long established should not be changed for light and transient Causes; and accordingly all Experience hath shown, that Mankind are more disposed
We hold these truths to besacred & undeniable self-evident; that all men are created equal,& independent; thatfrom that equal creation they derive in they are endowed by their creator withequal rights some of which are certain [inherent &] inalienable rights; that amongwhich these arethe preservation of life,& liberty, & the pursuit of happiness; that to secure theseends rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of governmentshall becomes destructive of these ends, it is the right of the people to alter or to abolish it, & to institute new government, laying it's foundation on such principles & organising it's powers in such form, as to them shall seem most likely to effect their safety & happiness, prudence indeed will dictate that governments long established should
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The History of his present Majesty, is a History of unremitting Injuries and Usurpations, among which no one Fact stands Single or Solitary to contradict the uniform Tenor of the rest, all of which have in direct object, the Establishment of an absolute Tyranny over these States. To prove this, let Facts be Submitted to a candid World, for the Truth of which We pledge a Faith, as yet unsullied by falsehood.
it is their right, it is their duty, to throw off such government & to provide new guards for their future security. such has been the patient sufferance of these colonies; & such is now the necessity which constrains them to [expunge] alter their former systems of government. the history ofhis the presentMajesty King of Great Britain,2[Note 1: 1 Against these three words Jefferson has written "Dr. Franklin's hand writing," but the insertion appears to have been made by Jefferson himself.]
is a history of [unremitting] repeated injuries and usurpations, [among whichno one fact stands single or solitary appears no solitary fact to contradict the uniform tenor of the rest,all of which [have] but] all having in direct object the establishment of an absolute tyranny over these states. to prove this let facts be submitted to a candid world, [for the truth of which we pledge a faith yet unsullied by falsehood.][Note 2: 2 Against these four words Jefferson has written: "Mr. Adams's hand writing."]
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He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their operation, till his Assent should be obtained; and when so suspended he has neglected utterly to attend to them.
He has refused to pass other Laws for the accommodation of large Districts of People, unless those People would relinquish the Right of Representation in the Legislature, a Right inestimable to them, and formidable to Tyrants only.
He has dissolved Representative Houses, repeatedly, and continually, for opposing with manly Firmness his Invasions on the Rights of the People.
He has refused, for a long Space of Time after such Dissolutions, to cause others to be elected, whereby the legislative Powers, incapable of annihilation, have returned to the People at large for their Exercise, the state remaining in the mean time, exposed to
he has forbidden his governors to pass laws of immediate & pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglectedutterly to attend to them.
he has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature, a right inestimable to them, & formidable to tyrants only:
he has called together legislative bodies at places unusual, uncomfortable, & distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures:
he has dissolved Representative houses repeatedly [& continually] for opposing with manly firmness his invasions on the rights of the people:
when dissolved he has refused for a longspace of time time after such Dissolutions1
to cause others to be elected, whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise, the state remaining in the mean time[Note 1: 1 Against these four words Jefferson has written "Mr. Adams."]
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He has endeavoured to prevent the Population of these States; for that purpose obstructing the Laws for naturalization of foreigners; refusing to pass others to encourage their Migrations hither; and raising the Conditions of new Appropriations of Lands.
He has suffered the Administration of Justice totally to cease in some of these Colonies, refusing his Assent to Laws for establishing Judiciary Powers.
He has made our Judges dependent on his Will alone, for the Tenure of their offices, and amount of their Salaries:
He has created a Multitude of new offices by a Self-assumed Power, and sent hither swarms of officers to harrass our People and eat out their Substance.
He has kept among us, in Times of Peace, Standing Armies and Ships of War.
He has affected to render the military, independent of, and Superiour to, the civil Power.
He has combined with others to
he has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migrations hither; & raising the conditions of new appropriations of lands:
he has [suffered] obstructed the administration of justice [totally to cease in some of thesecolonies states,] by refusing his assent to laws for establishing judiciary powers:
he has made [our] judges dependant on his will alone, for the tenure of their offices, and the amount & payment1
of their salaries:[Note 1: 1 Against these words Jefferson has written "Dr. Franklin."]
he has erected a multitude of new offices [by a self-assumed power,] & sent hither swarms of2
officers to harrass our people & eat out their substance:[Note 2: 2 MS. A reads "new officers."]
he has kept among us in timesalthough our Conduct3
standing armies [£ ships of war] without the consent of our Legislatures:[Note 3: 3 These words were in the writing of John Adams.]
he has affected to render the military, independent of & superior to the civil power:
he has combined with others to
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for protecting them by a mock-trial from punishment for any murders which they should commit on the inhabitants of these states;
for cutting off our trade with all parts of the world;
for imposing taxes on us without our consent;
for depriving us in many cases1
of the benefits of trial by jury;[Note 1: 1 MS. B. omits these three words.]
for transporting us beyond seas to be tried for pretended offences;
for abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government and enlarging it's boundaries so as to render it at once an example & fit instrument for introducing the same absolute rule into thesecolonies [states] colonies;
for taking away our charters, abolishing our mostimportant valuable Laws,2
and altering fundamentally the forms of our governments,[Note 2: 2 Against this phrase Jefferson has written "Dr. Franklin,"]
for suspending our own legislatures and declaring themselves invested with power to legislate for us in all cases whatsoever:
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He has plundered our Seas, ravaged our Coasts, burnt our towns, and destroyed the Lives of our People.
He is at this Time transporting large Armies of foreign Mercenaries to complete the Works of death, Desolation, and Tyranny, already begun with Circumstances of Cruelty and Perfidy unworthy the Head of a civilized Nation.
He has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare is an undistinguished Destruction of all Ages, Sexes, and Conditions of existence.
He has incited treasonable Insurrections of our Fellow Citizens, with the allurement of Forfeiture and Confiscation of our Property.
[Note 1: 1 MS. B. omits the words "and waging war against us."]
he has plundered our seas, ravaged our coasts, burnt our towns & destroyed the lives of our people:
he is at this time transporting large armies of Scotch and other foreign mercenaries to compleat the works of death desolation and tyranny already begun with circumstances of cruelty & perfidy scarcely paralleled in the most barbarous ages and totally unworthy the head of a civilized nation:
he has constrained &c.2
[Note 2: 2 Probably a note of insertion for locating in the final from the paragraph given below. MS. A gives the final order of paragraphs, while MS. B. follows the earlier arrangement.]
he has excited domestic insurrections amongst us and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, & conditions [of existence:]
[he has incited treasonable insurrections of our fellow-citizens, with the allurements of forfeiture & confiscation of our property:
He has constrained others,3
falling into his hands taken captive[Note 3: 3 MS. A reads "our fellow citizens."]
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He has prostituted his Negative for Suppressing every legislative Attempt to prohibit or to restrain an execrable Commerce, determined to keep open a Markett where Men should be bought and sold. and that this assemblage of Horrors might want no Fact of distinguished Die
He is now exciting those very People to rise in Arms among us, and to purchase their Liberty of which he has deprived them, by murdering the People upon whom he also obtruded them: thus paying off, former Crimes committed against the Liberties of one People with Crimes which he urges them to commit against the Lives of another.
he has waged cruel war against human nature itself, violating it's most sacred rights of life & liberty in the persons of a distant people, who never offended him, captivating & carrying them into slavery in another hemisphere, or to incur miserable death in their transportation thither, this piratical warfare, the opprobrium ofinfidel powers, is the warfare of theChristian king of Great Britain determined to keep open a market where MEN should be bought & sold,and he has prostituted his negative for suppressing every legislative attempt to prohibit or to restrain this execrable commercedetermining to keep open a market where MEN should be bought and sold: and that this assemblage of horrors might want no fact of distinguished dye, he is now exciting those very people to rise in arms among us, and to purchase that liberty of whichhe has deprived them, by murdering the people upon whomhe also obtruded them: thus paying off former crimes committed against theliberties of one people, with crimes which he urges them to commit against thelives of another.]
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Nor have we been wanting in Attentions to our British Brethren. We have warned them from Time to Time of attempts of their Legislature to extend a Jurisdiction over these our States. We have reminded them of the Circumstances of our Emigration and Settlement here, no one of which could warrant so strange a Pretension. That these were effected at the expense of our own Blood and Treasure, unassisted by the Wealth or the Strength of Great Britain; that in constituting indeed, our Several Forms of Government,
by repeated injuries.2[Note 1: 1 Against this word Jefferson has written "Dr. Franklin."]
a prince whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people [who mean to be free. future ages will scarce3[Note 2: 2 MS. B. reads "injury."]
believe that the hardinessaudacity of one man adventured within the short compass of twelve years only,on so many acts of tyranny without a mask tolay build a foundation, so broad & undisguised,4[Note 3: 3 MS. A. reads "scarcely."]
for tyranny over a people fostered & fixed in principles of liberty freedom.][Note 4: 4 MS. A. reads "so undisguised."]
Nor have we been wanting in attentions to our British brethren. we have warned them from time to time of attempts by their legislature to extend a5
an unwarrantable jurisdiction over [these our states] us. we have reminded them of the circumstances of our emigration & settlement here, [no one of which could warrant so strange a pretension: that these were effected at the expence of our own blood & treasure, unassisted by the wealth or the strength of Great Britain: that in constituting indeed our several[Note 5: 5 This word should have been stricken out.]
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these facts have given the last stab to agonizing affection, and manly spirit bids us to renounce for ever these unfeeling brethren, we must endeavor to forget our former love for them, and to hold them as we hold the rest of mankind, enemies in war, in peace friends, we might have[Note 1: 1 Against these two words Jefferson has written "Dr. Franklin."]
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We therefore the representatives of the United States of America in General Congress assembled, do, in the Name, and by the Authority of the good People of these States, reject and renounce all Allegiance and Subjection to the Kings of Great Britain, and all others, who may hereafter claim by, through, or under them; we utterly dissolve and break off, all political Connection which may have heretofore subsisted between us and the People or Parliament of Great Britain, and finally we do assert and declare these Colonies to be free and independent States, and that as free and independent States they shall hereafter have Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other
We therefore the representatives of the United States of America in General Congress assembled appealing to the supreme judge of the world for the rectitude of our intentions do in the name & by authority of the good people of these [states] colonies, [reject and renounce all allegiance & subjection to the kings of Great Britain1
& all others who may hereafter claim by, through, or under them; we utterly dissolve& break off all political connection which mayhave heretofore have subsisted between us & the people or parliament2[Note 1: 1 Against this paragraph Jefferson wrote "a different phraseology inserted."]
of Great Britain; and finally we do assert and declare these colonies to be free and independent states, and that as free & independent states, theyshall[Note 2: 2 MS. B. reads "parliament or people."]
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[Note 1: 1 The "first draft" is from a manuscript in the writing of John Adams, among the Adams Papers, as printed in the Writings of Thomas Jefferson (Ford), II, 42. It probably represents the original form of the paper, but the capitalization is Adams's, not Jefferson's. The "second draft" is from the manuscript in the Department of State, which has been reproduced many times in facsimile. I have given the text of this manuscript in full, showing the changes made during its consideration in committee and in Congress. In notes I give the mere important differences to be found in copies of the Declaration which Jefferson prepared for his friends. That in the Madison collection is called "MS. A," and that in the Emmet collection is called "MS. B." The latter was probably intended to be a copy of the first form in which the Declaration left Jefferson's hand, and should be like the Adams manuscript. Differences exist, however, and only a definite statement from Jefferson could indicate the time at which this MS. B. was prepared. MS. A was doubtless prepared at a later period, being embodied in the notes of debates in the Congress of 1776, prepared for Madison by Jefferson, "as a copy from his original notes." These original notes are in the Jefferson Manuscripts in the Library of Congress, 5th Series, III. Jefferson says that words with a "black line under them were struck out by Congress"--here distinguished by [].]
A petition from Christopher Champlin was presented to Congress and read:
Resolved, That it be referred to a committee of three:
The members chosen, Mr. [Robert] Morris, Mr. [John] Alsop, and Mr. [Elbridge] Gerry.
Resolved, That Mr. [Henry] Wisner, Mr. [Robert Treat] Paine, and Mr. [William] Floyd be a committee to confer with Anthony Mosengeil, on the subject of manufacturing sulphur:
That 30 dollars be advanced to said committee, they to be accountable.
Resolved, That the treasurers be empowered to advance to the committee of safety of Pensylvania a sum not exceeding 100,000 dollars; the colony of Pensylvania to be accountable.
Resolved, That the committee for superintending the treasury, be directed to nominate and appoint six persons to sign and number the million of dollars ordered to be struck in small change.
The several matters to this day referred, being postponed,
Adjourned to 9 o'Clock on Monday next.
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