the general congress or convention at philadelphia, september and october, 1774.
the word congress, in relation to the united states, is synonymous with the word parliament in great britain, signifying the legislature of the nation at large; but before the revolution the word congress was used, for the most part, as synonymous with convention—a voluntary meeting of delegates elected by towns or counties for certain purposes. a meeting of delegates from the several towns of a county was called a congress, or convention of such county; a meeting of delegates of the several towns of a province was called a provincial congress, or convention; and a meeting of delegates of the several county conventions in the several provinces was called a general or continental congress, though they possessed no legal power, and their resolutions and addresses were the mere expressions of opinion or advice.
such was the continental congress that assembled in philadelphia the 5th of september, 1774—not a legislative or executive body possessing or assuming any legislative or executive power—a body consisting of fifty-five delegates elected by the representatives of twelve out of the thirteen provinces—georgia, the youngest and smallest province, not having elected delegates. the sittings of this body, or congress, as it was called, continued about eight weeks, and its proceedings were conducted with all the forms of a legislative assembly, but with closed doors, and under the pledge of secrecy, until dissolved by the authority of the congress itself.
each day's proceedings was commenced with prayer by some[pg 410] minister. mr. peyton randolph, speaker of the house of burgesses of virginia, was elected president, and mr. charles thompson, of pennsylvania, was chosen secretary.
after deciding upon the mode of conducting the business, it was resolved, after lengthened discussion, that each colony should be equal in voting—each colony having one vote, whatever might be the number of its delegates.
this congress consisted of the assembled representatives of the american colonies, and truly expressed their grievances, opinions, and feelings. as the proceedings were with closed doors, the utterances of individuals were not reported; but in the reported results of their deliberations there is not an opinion or wish expressed which does not savour of affection to the mother country and loyalty to the british constitution. down to this ninth or last year of the agitation which commenced with the passing of the stamp act, before bloody conflicts took place between british soldiers and inhabitants of massachusetts, there was not a resolution or petition or address adopted by any congress, or convention, or public meeting in the colonies, that contained a principle or sentiment which has not been professed by the loyal inhabitants of british america, and which is not recognized at this day by the british government and enjoyed by the people in all the provinces of the dominion of canada.
the correctness of these remarks will appear from a summary of the proceedings of this continental congress, and extracts from its addresses, which will show that the colonies, without exception, were as loyal to their constitutional sovereign as they were to their constitutional rights,[344] though in royal[pg 411] messages and ministerial speeches in parliament their petitions and remonstrances were called treason, and the authors of them were termed rebels and traitors. the principal acts of this congress were a declaration of rights; an address to the king; an address to the people of great britain; a memorial to the americans; a letter to the people of canada. non-importation and non-exportation agreements were adopted and signed by all the members; and committees of vigilance were appointed.
"then on the 26th of october, the 'fifty-five' separated and returned to their homes, determined, as they expressed it, 'that they were themselves to stand or fall with the liberties of america.'"[345]
among the first important acts of this congress was the declaration of colonial rights, grievances, and policy. as this part of their proceedings contains the whole case of the colonies as stated by their own representatives, i will give it, though long, in their own words, in a note.[346] this elaborate and ably[pg 412] written paper does not appear to contain a sentiment of treason, nor anything which the members of the congress had not a right to express and complain of as british subjects; while they[pg 413] explicitly recognized in parliament all the authority which could be constitutionally claimed for it, and which was requisite for british supremacy over the colonies, or which had ever been exercised before 1764.
[pg 414]
on the 1st of october, the congress, after long consideration, unanimously resolved—
"that a loyal address to his majesty be prepared, dutifully requesting the royal attention to the grievances which alarm and distress his majesty's faithful subjects in north america,[pg 415] and entreating his majesty's gracious interposition to remove such grievances, and thereby to restore to great britain and the colonies that harmony so necessary to the happiness of the british empire, and so ardently desired by all america."
this address or petition, like all the papers emanating from this congress, was written with consummate ability.[347] in this petition to the king, the congress begged leave to lay their grievances before the throne. after a particular enumeration of these, they observed that they wholly arose from a destructive system of colony administration adopted since the conclusion of the last war. they assured his majesty that they had made such provision for defraying the charges of the administration of justice, and the support of civil government, as had been judged just, and suitable to their respective circumstances; and that for the defence, protection, and security of the colonies, their militia would be fully sufficient in time of peace; and in case of war, they were ready and willing, when constitutionally required, to exert their most strenuous efforts in granting supplies and raising forces. they said, "we ask but for peace, liberty, and safety. we wish not a diminution of the prerogative; nor do we solicit the grant of any new right in our favour. your royal authority over us, and our connection with great [pg 416]britain, we shall always carefully and zealously endeavour to support and maintain."[348] they concluded their masterly and touching address in the following words:
"permit us, then, most gracious sovereign, in the name of all your faithful people in america, with the utmost humility, to implore you, for the honour of almighty god, whose pure religion our enemies are undermining; for your glory, which can be advanced only by rendering your subjects happy and keeping them united; for the interest of your family, depending on an adherence to the principles that enthroned it; for the safety and welfare of your kingdom and dominions, threatened with almost unavoidable dangers and distresses, that your majesty, as the loving father of your whole people, connected by the same bonds of law, loyalty, faith, and blood, though dwelling in various countries, will not suffer the transcendent relation formed by these ties to be farther violated in certain expectation of efforts that, if attained, never can compensate for the calamities through which they must be gained."[349]
their address to the people of great britain is equally earnest and statesmanlike. two or three passages, as samples, must suffice. after stating the serious condition of america, and the oppressions and misrepresentations of their conduct, and their claim to be as free as their fellow-subjects in great britain, they say:
"are not the proprietors of the soil of great britain lords of their own property? can it be taken from them without their consent? will they yield it to the arbitrary disposal of any men or number of men whatsoever? you know they will not.
"why then are the proprietors of the soil of america less lords of their property than you are of yours; or why should they submit it to the disposal of your parliament, or any other parliament or council in the world, not of their election? can the intervention of the sea that divides us cause disparity of rights; or can any reason be given why english subjects who[pg 417] live three thousand miles distant from the royal palace should enjoy less liberty than those who are three hundred miles distant from it? reason looks with indignation on such distinctions, and freemen can never perceive their propriety."
they conclude their address to their fellow-subjects in great britain in the following words:
"we believe there is yet much virtue, much justice, and much public spirit in the english nation. to that justice we now appeal. you have been told that we are seditious, impatient of government, and desirous of independence. be assured that these are not facts, but calumnies. permit us to be as free as yourselves, and we shall ever esteem a union with you to be our greatest glory and our greatest happiness; and we shall ever be ready to contribute all in our power to the welfare of the empire. we shall consider your enemies as our enemies, and your interest as our own.
"but if you are determined that your ministers shall wantonly sport with the rights of mankind; if neither the voice of justice, the dictates of law, the principles of the constitution, nor the suggestions of humanity can restrain your hands from shedding human blood in such an impious cause, we must then tell you that we will never submit to be hewers of wood and drawers of water to any ministry or nation in the world.
"place us in the same situation that we were at the close of the late war, and our former harmony will be restored."
the address of the members of this congress to their constituents is a lucid exposition of the several causes which had led to the then existing state of things, and is replete with earnest but temperate argument to prove that their liberties must be destroyed, and the security of their persons and property annihilated, by submission to the pretensions of the british ministry and parliament. they state that the first object of the congress was to unite the people of america, by demonstrating the sincerity and earnestness with which reconciliation had been sought with great britain upon terms compatible with british liberty. after expressing their confidence in the efficacy of the passive commercial resistance which had been adopted, they conclude their address thus:
"your own salvation and that of your posterity now depend upon yourselves. you have already shown that you entertain[pg 418] a proper sense of the blessings you are striving to retain. against the temporary inconveniences you may suffer from a stoppage of trade, you will weigh in the opposite balance the endless miseries you and your descendants must endure from an established arbitrary power." ...
"motives thus cogent, arising from the emergency of your unhappy condition, must excite your utmost diligence and zeal to give all possible strength and energy to pacific measures calculated for your relief. but we think ourselves bound in duty to observe to you, that the schemes agitated against the colonies have been so conducted as to render it prudent that you should extend your views to mournful events, and be in all respects prepared for every contingency. above all things, we earnestly entreat you, with devotion of spirit, penitence of heart, and amendment of life, to humble yourselves, and implore the favour of almighty god; and we fervently beseech his divine goodness to take you into his gracious protection."
the letters addressed to the other colonies not represented in the congress require no special reference or remark.
after completing the business before them, this first general congress in america recommended that another congress should be held in the same place on the tenth day of the succeeding may, 1775, "unless redress of their grievances should be previously obtained," and recommending to all the colonies "to choose deputies as soon as possible, to be ready to attend at that time and place, should events make their meeting necessary."
i have presented an embodiment of the complaints, sentiments, and wishes of the american colonies in the words of their elected representatives in their first general congress. i have done so for two reasons: first, to correct as far as i can the erroneous impression of thousands of english and canadian readers, that during the ten years' conflict of words, before the conflict of arms, between the british ministry and parliament and colonies, the colonists entertained opinions and views incompatible with subordination to the mother country, and were preparing the way for separation from it. such an opinion is utterly erroneous. whatever solitary individuals may have thought or wished, the petitions and resolutions adopted by the complaining colonists during these ten years of agitation breathe as pure a spirit of loyalty as they do of liberty; and[pg 419] in no instance did they ask for more, or as much, as the inhabitants of the provinces of the canadian dominion this day enjoy.
my second reason for thus quoting the very words of the declarations and petitions of the colonists is to show the injustice with which they were represented and treated by the british ministry, parliament, and press in england.
it was hoped by the congress that their address to the people of england would have a happy influence in favour of the colonies upon the public mind, and tell favourably on the english elections, which took place the latter part of the year 1774; but the elections were suddenly ordered before the proceedings of the congress could be published in england. the elections, of course, resulted adversely to the colonies; and the new parliament was more subservient to the ministry against the colonies than the preceding parliament.[350]
this new parliament met the 30th day of november, when the king was advised to inform them, among other things, "that a most daring spirit of resistance and disobedience to the laws unhappily prevailed in the province of massachusetts, and had broken forth in fresh violences of a very criminal nature; that these proceedings had been countenanced and encouraged in his other colonies; that unwarrantable attempts had been made to obstruct the commerce of his kingdom by unlawful combinations; and that he had taken such measures and given such orders as he judged most proper and effectual for carrying[pg 420] into execution the laws which were passed in the last session of the late parliament relative to the province of massachusetts."[351]
answers were adopted in both houses of parliament re-echoing the sentiments of the royal speech, but not without vehement debates. there was a considerable minority in both lords and commons that sympathised with the colonies, and condemned the ministerial policy and the acts of the previous parliament complained of. in the commons, the minister was reminded of the great effects he had predicted from the american acts. "they were to humble that whole continent without further trouble; and the punishment of boston was to strike so universal a panic in all the colonies that it would be totally abandoned, and instead of obtaining relief, a dread of the same fate would awe the other provinces to a most respectful submission."[352] but the address, re-echoing the royal speech for coercion, was adopted by a majority of two to one.
in the lords a similar address was passed by a large majority; but the lords richmond, portland, rockingham, stamford, torrington, ponsonby, wycombe, and camden entered upon the journals a protest against it, which concluded in the following memorable words:
"whatever may be the mischievous designs or the inconsiderate temerity, we wish to be known as persons who have disapproved of measures so injurious in their past effects and future tendency, and who are not in haste, without inquiry or information, to commit ourselves in declarations which may precipitate our country into all the calamities of civil war."[353]
before the adjournment of the new parliament for the christmas holidays, the papers containing the proceedings of the continental congress at philadelphia reached england. the first impression made by them is said to have been in favour of america. the ministry seemed staggered, and their opposers triumphed in the fulfilment of their own predictions as to the effects of ministerial acts and policy in america. the earl of dartmouth, secretary of state for the colonies, after a day's perusal of these papers, said that the petition of the congress to the king (of which extracts have been given above)[pg 421] was a decent and proper one. he cheerfully undertook to present it to the king; and reported afterwards that his majesty was pleased to receive it very graciously, and would lay it before his two houses of parliament. from these favourable circumstances, the friends of conciliation anticipated that the petition of the colonial congress would be made the basis of a change of measures and policy in regard to the colonies. but these hopes were of short duration.
footnotes:
[344] the royal historian, andrews, states:
"the delegates were enjoined, by the instructions they had received from their constituents, solemnly to acknowledge the sovereignty of great britain over them, and their willingness to pay her the fullest obedience, as far as the constitution authorized her to demand it; they were to disclaim all notions of separating from her; and to declare it was with the deepest regret they beheld a suspension of that confidence and affection which had so long, and so happily for both, subsisted between great britain and her colonies.
"but they were no less carefully directed at the same time to assert the rights transmitted to them by their ancestors. these rights they would never surrender, and would maintain them at all perils. they were entitled to all the privileges of british subjects, and would not yield to the unjust pretensions of parliament, which, in the present treatment of the colonies, had violated the principles of the constitution and given them just occasion to be dissatisfied and to rise in opposition. parliament might depend this opposition would never cease until those acts were wholly repealed that had been the radical cause of the present disturbances." (andrews' history of the war with america, spain and holland, from 1775 to 1783, pp. 156, 157.)
[345] elliott's new england history, vol. ii., chap. xvi., p. 289.
"washington and lee believed the non-importation and exportation agreements would open the eyes of england; but patrick henry agreed with john and samuel adams in believing that force must decide it, and, like them, was ready to meet any emergency."—ib.
"the new york legislature at once repudiated the doings of the congress; but elsewhere it met with a hearty response."—ib., p. 290.
[346] "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 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 thirty-fifth year of the reign of king henry viii., colonists may be transported to england and tried there upon accusations for treasons, and misprisions and concealments 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 harbour 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 persons questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the 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, new castle, kent and sussex on delaware, maryland, virginia, north carolina, and south carolina, justly alarmed at the arbitrary proceedings of parliament and administration, 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, what 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, n. c. d. 1st, that they are entitled to life, liberty, and property; and they have never ceded to any sovereign power whatever a right to dispose of either without their consent.
"resolved, n. c. d. 2nd, 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, n. c. d. 3rd, 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 their people to participate in their legislative council; 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 interest 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, internal or external, for raising a revenue on the subjects in america without their consent.
"resolved, n. c. d. 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, n. c. d. 7th, that these his majesty's colonies are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.
"resolved, n. c. d. 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, n. c. d. 9th, that the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of the colony in which such army is kept, is against law.
"resolved, n. c. d. 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, n. c. d., that the following acts of parliament are infringements and violations of the rights of the colonies; 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. chaps. 15 and 34—5 geo. iii. chap. 25—6 geo. iii. chap. 52—7 geo. iii. chap. 41 and chap. 46—8 geo. iii. chap. 22, which imposed 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. chap. 24, intituled 'an act for the better securing his majesty's dockyards, magazines, ships, ammunition, and stores,' which declares a new offence in america, and deprives the american subject of a constitutional trial by a jury of the vicinage, by authorizing the trial of any person charged with the committing of any offence 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 harbour of boston, for altering the charter and government of massachusetts bay, and that which is intituled '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 neighbouring 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 non-importation, non-consumption, and non-exportation agreement or 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, agreeable to resolutions already entered into." (marshall's american colonial history. appendix ix., pp. 481-485.)
[347] see the earl of chatham's remarks on page 423.
[348] ramsay's colonial history, vol. i., p. 418.
[349] "the committee which brought in this admirably well-drawn and truly conciliatory address were mr. lee, mr. john adams, mr. johnston, mr. henry, mr. rutledge, and mr. dickenson. the original composition has been generally attributed to mr. dickenson." (marshall's american colonial history, chap. xiv., p. 419, in a note.)
[350] "some time before the proceedings of congress reached england, it was justly apprehended that the non-importation agreement would be one of the measures they would adopt. the ministry, apprehending that this event, by distressing the trading and manufacturing towns, might influence votes against the court in the election of a new parliament, which was, of course, to come on in the succeeding year, suddenly dissolved the parliament and immediately ordered a new one to be chosen. it was their design to have the whole business of elections over before the inconveniences of non-importation could be felt. the nation was thus surprised into an election. without knowing that the late american acts had driven the colonies into a firm combination to support and make common cause with the people of massachusetts, a new parliament was returned, which met thirty-four days after the proceedings of congress were first published in philadelphia, and before they were known in great britain. this, for the most part, consisted either of the former members, or of those who held similar sentiments." (ramsay's colonial history, vol. i., chap. vi., p. 424.)
[351] ramsay's colonial history, vol. i., chap. vi., pp. 424, 425.
[352] ib., p. 425.
[353] ib., p. 425.
