Declaration and Resolves of the First Continental Congress – September 1774

The Declaration and Resolves emerged from the First Continental Congress, a gathering of delegates from twelve of the thirteen American colonies (excluding Georgia) in Philadelphia. This assembly was convened in response to the Coercive Acts (or Intolerable Acts) of 1774, a series of punitive measures enacted by the British Parliament to punish Massachusetts following the Boston Tea Party of 1773—a protest against the Tea Act. The broader context included years of escalating tensions due to earlier British legislation, such as the Stamp Act (1765) and the Townshend Acts (1767), which imposed taxes and regulations without colonial consent. Alarmed by these perceived violations of their rights, the colonies sought a unified strategy to address British overreach, leading to the Congress’s formation.

Origins:

1. Tensions with Britain: By the mid-1770s, tensions between the British government and the American colonies had significantly escalated due to a series of laws passed by Parliament, which were seen as oppressive by the colonists. These included:
   • The Sugar Act (1764)
   • The Stamp Act (1765)
   • The Townshend Acts (1767)
   • The Tea Act (1773)
2. Boston Tea Party: The event that directly precipitated the convening of the First Continental Congress was the Boston Tea Party in December 1773, where colonists, protesting the Tea Act, dumped 342 chests of tea into Boston Harbor.

Events:

1. Convening of Congress: In response to these acts, particularly the Coercive Acts (Intolerable Acts) which were British retaliatory measures to the Boston Tea Party, colonial leaders decided to meet. The First Continental Congress was convened in Philadelphia, Pennsylvania, in September 1774.
2. Representation: Twelve of the thirteen British North American colonies sent delegates, with Georgia abstaining due to internal political considerations and threats from the British.
3. Discussions and Debates: For weeks, the delegates debated how to respond to British policies. There was a range of opinions, from those advocating for reconciliation to those pushing for more aggressive action against British rule.

Purpose and Content of the Declaration:

1. Declaration of Rights:
   • Reaffirmation of Loyalty: The document began by reaffirming the colonies’ loyalty to King George III, distinguishing between the King and his Parliament’s actions.
   • Rights of Colonists: It stated that the colonists had the same rights as Englishmen, including the rights to life, liberty, and property. It also claimed the right to consent to taxation.
2. Grievances:
   • The declaration listed grievances against the British Crown and Parliament, focusing on:
     • Taxation without representation.
     • The presence of a standing army in the colonies without their consent.
     • The Coercive Acts, which were seen as punishment for the Boston Tea Party.
3. Resolutions:
   • Non-Importation: The colonies agreed to boycott British goods starting December 1, 1774, unless their grievances were redressed.
   • Petition: They planned to petition King George III for redress of their grievances.
   • Preparation for Defense: While not advocating for independence at this stage, they prepared for potential military action if needed.

Impact:

• Unifying the Colonies: The Declaration served to unify the colonies against British policies, fostering a sense of collective identity and purpose.
• Step Towards Revolution: Although it aimed at reconciliation, it marked a significant step towards the American Revolution, setting the stage for further escalation if colonial grievances were not addressed.

The Colonists’ Rights and Grievances in the Declaration and Resolves

The Declaration and Resolves was a pivotal statement by the First Continental Congress, convened in 1774 to respond to escalating tensions with Britain. It articulated the colonists’ belief that they were entitled to certain rights as English subjects—specifically under common law, the right to petition, and their standing under the law—and that British policies had violated these rights. These grievances were rooted in their circumstances and set the stage for the revolutionary events that followed.

Specificity to Common Law, Right to Petition, and Colonists’ Standing Under the Law

Common Law

• Assertion of Rights: The colonists claimed entitlement to the common law of England, particularly the right to trial by jury (Resolution 5). They viewed this as a fundamental protection against arbitrary rule, ensuring that legal disputes were judged by local peers rather than distant authorities.
• British Violations: This right was threatened by Britain’s expansion of admiralty courts, which handled trade and tax enforcement (e.g., under the Sugar Act of 1764) without juries. The colonists saw this as a direct attack on their legal traditions, arguing that it undermined their ability to defend themselves fairly.
• The Quebec Act: The Quebec Act (1774) further alarmed them by establishing French civil law and Roman Catholicism in Quebec, abolishing English common law there. The colonists feared this could foreshadow similar impositions on their own legal systems, reinforcing their attachment to common law as a bulwark against tyranny.

Right to Petition

• Assertion of Rights: The Declaration and Resolves affirmed the colonists’ right to peaceably assemble, consider their grievances, and petition the king (Resolution 8). This right, rooted in English precedent like the Magna Carta, was essential for voicing complaints and seeking redress.
• British Violations: The document lamented that their “humble and loyal petitions” had been “repeatedly treated with contempt” by the Crown. For example, petitions against the Stamp Act (1765) and Coercive Acts (1774) were ignored, signaling that Britain no longer respected their right to be heard.
• Circumstance: Living thousands of miles from London, the colonists relied on petitions to bridge the gap, but Britain’s dismissal deepened their sense of alienation and frustration.

Colonists’ Standing Under the Law

• Assertion of Rights: The colonists insisted they were entitled to all the rights, liberties, and immunities of free and natural-born subjects within England (Resolution 2). They argued that their emigration to America did not diminish these rights (Resolution 3), including the principle of no taxation without representation.
• British Violations: Policies like the Declaratory Act (1766), which asserted Parliament’s authority over the colonies “in all cases whatsoever,” and the Coercive Acts, which suspended colonial self-governance, challenged their standing. The use of writs of assistance—general search warrants—further eroded their legal protections.
• Circumstance: As settlers who had built thriving colonies, they believed their contributions entitled them to equal treatment, not subjugation as second-class subjects.

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Connecting Thread to the Declaration of Independence, Articles of Confederation, and Constitution

The grievances over common law, the right to petition, and their standing under the law were not resolved, driving the colonists toward independence and shaping America’s foundational documents.

Path to the Declaration of Independence (1776)

• Escalation of Tensions: The British response to the Declaration and Resolves was not conciliation but further oppression. The Prohibitory Act (1775) blockaded American ports, treating the colonies as rebels rather than subjects with rights. Military actions, like the Battles of Lexington and Concord (April 1775), confirmed that peaceful redress was impossible.
• Break with Britain: The Second Continental Congress (1775–1776) took up the mantle of resistance. On July 4, 1776, the Declaration of Independence was issued, echoing the 1774 grievances. It accused King George III of “depriving us in many cases, of the benefits of Trial by Jury” and “imposing Taxes on us without our Consent”—direct references to the loss of common law and legal standing.
• Philosophical Shift: The Declaration reframed these rights as universal, not merely English, justifying the creation of a new nation when the government failed to uphold them.

Articles of Confederation (1777–1781)

• Unity Born of Grievance: The Declaration and Resolves’ call for colonial cooperation foreshadowed the Articles of Confederation, adopted in 1777 and ratified in 1781. This first government united the states to address shared concerns—like defense against Britain—while preserving their autonomy.
• Reflection of Circumstance: The Articles’ decentralized structure responded to the colonists’ fear of centralized tyranny, a reaction to their loss of self-governance under British rule. Each state retained sovereignty, reflecting their insistence on maintaining local control over laws and taxes.
• Limitations: The lack of a strong central authority to enforce laws or raise revenue revealed the need for a more robust system, setting the stage for constitutional reform.

U.S. Constitution (1787)

• Codification of Rights: The principles of 1774 found lasting expression in the U.S. Constitution (1787) and Bill of Rights (1791). The framers designed a government to safeguard the rights the colonists had demanded:
  • Common Law: The Sixth and Seventh Amendments guaranteed trial by jury, embedding this right in the new legal system.
  • Right to Petition: The First Amendment protected the rights to assemble and petition, ensuring citizens could seek redress without fear of reprisal.
  • Standing Under the Law: The Fourth Amendment prohibited unreasonable searches, and the Constitution’s structure—via federalism and separation of powers—prevented the concentration of authority that had denied their equal status.
• Historical Context: Drafted after the Articles’ weaknesses became evident (e.g., during Shays’ Rebellion in 1786), the Constitution balanced state and federal power, addressing the colonists’ earlier demands for local governance while creating a unified nation.

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Conclusion

The Declaration and Resolves crystallized the colonists’ demands for common law, the right to petition, and equal standing under the law, reflecting their unique circumstances as distant yet loyal subjects. Britain’s refusal to honor these rights propelled the colonies toward the Declaration of Independence, where they asserted their sovereignty. The Articles of Confederation united them in a loose alliance, preserving their autonomy, while the U.S. Constitution enshrined their hard-won principles in a durable framework. Together, these documents trace a journey from grievance to governance, rooted in the colonists’ unwavering commitment to their rights.

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