Declaration of Colonial Rights 1774

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DECLARATION OF COLONIAL RIGHTS:RESOLUTIONS OF THE FIRST CONTINENTAL CONGRESS

OCTOBER 14, 1774 1

ollowing the Boston Tea Party and the adoption of the Intolerable Acts, delegates gathered on

eptember 5, 1774, at Philadelphia, in what was to become the First Continental Congress. Every col

ut Georgia was represented. They voted on September 6 to appoint a committee "to state the rights oe Colonies in general, the several instances in which these rights are violated or infringed, and the

eans most proper to be pursued for obtaining a restoration of them" (Journals of the Continental

ongress, 1774-1789, Washington, 1904, I, 26).

seph Galloway (173l -1803), a Philadelphia merchant and lawyer, led a conservative attempt to uni

e colonies within the Empire. He had served as speaker of the Pennsylvania Assembly from 1776 t

74. In the war Galloway supported the British cause and after 1778 became spokesman for the

oyalists in England. In the First Continental Congress the more radical delegates thrust asidealloway's proposal and on October 14 adopted instead, by unanimous action, the Declaration of

olonial Rights reproduced here. The first draft of these resolutions was written by Major John Sulli740-95 ), delegate from New Hampshire, lawyer, major of the New Hampshire militia, major gene

the Continental Army, judge, and eventually governor of his state.

efore they dissolved, on October 26, the members voted to meet again in the same city on May 10,

75, "unless the redress of grievances ... be obtained before that time" (ibid., p. 102).]

he Congress met according to adjournment, and resuming the consideration of the subject under deb

came into the following resolutions:

SULLIVAN'S DRAUGHT

Whereas, since the close of the last war, the British Parliament, claiming a power of right to bind tople of America, by statute in all cases whatsoever, hath in some acts expressly imposed taxes on

em, and in others, under various pretenses, but in fact for the purpose of raising a revenue, hath

mposed rates and duties payable in these colonies, established a board of commissioners, with

nconstitutional powers, and extended the jurisdiction of courts of admiralty, not only for collecting

id duties, but for the trial of causes merely arising within the body of a county.

nd whereas, in consequence of other statutes, judges, who before held only estates at will in their

fices, have been made dependent upon the crown alone for their salaries, and standing armies kept mes of peace:

nd it has lately been resolved in Parliament, that by force of a statute, made in the thirty-fifth year o

e reign of King Henry the Eighth, colonists may be transported to England, and tried there upon

cusations for treasons, and misprisions, or concealments of treasons committed in the colonies; and

ate statute, such trials have been directed in cases therein mentioned.

nd whereas, in the last session of Parliament, three statutes were made; one, entitled "An act to

scontinue, in such manner and for such time as are therein mentioned, the landing and discharging,

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ding, or shipping of goods, wares and merchandise, at the town, and within the harbor of Boston, in

ovince of Massachusetts Bay, in North America"; another, entitled "An act for the better regulating

overnment of the province of the Massachusetts Bay in New England"; and another, entitled "An ac

e impartial administration of justice, in the cases of persons questioned for any act done by them in

ecution of the law, or for the suppression of riots and tumults, in the province of the Massachusettsay, in New England." And another statute was then made, "for making more effectual provision for

overnment of the province of Quebec, etc." All which statutes are impolitic, unjust, and cruel, as we

nconstitutional, and most dangerous and destructive of American rights.

nd whereas, assemblies have been frequently dissolved, contrary to the rights of the people, when t

tempted to deliberate on grievances; and their dutiful, humble, loyal, and reasonable petitions to the

own for redress have been repeatedly treated with contempt by His Majesty's ministers of state:

he good people of the several colonies of New Hampshire, Massachusetts Bay, Rhode Island and

ovidence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Newcastle, Kent and Su

n Delaware, Maryland, Virginia, North Carolina, and South Carolina, justly alarmed at these arbitra

oceedings of Parliament and administration, have severally elected, constituted, and appointed dep

meet and sit in General Congress, in the city of Philadelphia, in order to obtain such establishment

at their religion, laws, and liberties may not be subverted:

hereupon the deputies so appointed being now assembled, in a full and free representation of these

lonies, taking into their most serious consideration, the best means of attaining the ends aforesaid,

the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and

ndicating their rights and liberties, declare,

hat the inhabitants of the English Colonies in North America, by the immutable laws of nature, the

inciples of the English constitution, and the several charters or compacts, have the following rights

esolved,N.C.D. 21. That they are entitled to life, liberty, and property, and they have never ceded t

y sovereign power whatever, a right to dispose of either without their consent.

esolved,N.C.D. 2. That our ancestors, who first settled these colonies, were, at the time of their

migration from the mother-country, entitled to all the rights, liberties, and immunities of free and

tural-born subjects, within the realm of England.

esolved,N.C.D. 3. That by such emigration they by no means forfeited, surrendered, or lost any of

ose rights, but that they were, and their descendants now are, entitled to the exercise and en joymen

l such of them, as their local and other circumstances enable them to exercise and enjoy.

esolved,4. That the foundation of English liberty, and of all free government, is a right in the peoplrticipate in their legislative council: and as the English colonists are not represented, and from thei

cal and other circumstances, cannot properly be represented in the British Parliament, they are entita free and exclusive power of legislation in their several provincial legislatures, where their right o

presentation can alone be preserved, in all cases of taxation and internal polity, subject only to the

gative of their sovereign, in such manner as has been heretofore used and accustomed. But, from th

cessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to t

peration of such acts of the British Parliament, as are bona fide, restrained to the regulation of our

ternal commerce, for the purpose of securing the commercial advantages of the whole empire to th




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other-country, and the commercial benefits of its respective members; excluding every idea of taxa

ternal or external, for raising a revenue on the subjects in America, without their consent.

esolved,N.C.D. 5. That the respective colonies are entitled to the common law of England, and mo

pecially to the great and inestimable privilege of being tried by their peers of the vicinage, accordin

e course of that law.

esolved,6. That they are entitled to the benefit of such of the English statutes as existed at the time

eir colonization; and which they have, by experience, respectively found to be applicable to their

veral local and other circumstances.

esolved,N.C.D. 7. That these His Majesty's colonies, are likewise entitled to all the immunities and

ivileges granted and confirmed to them by royal charters, or secured by their several codes of

ovincial laws.

esolved,N.C.D. 8. That they have a right peaceably to assemble, consider of their grievances, and

tition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same

egal.

esolved,N.C.D. 9. That the keeping a standing army in these colonies, in times of peace, without thnsent of the legislature of that colony, in which such army is kept, is against law.

esolved,N.C.D. 10. It is indispensably necessary to good government, and rendered essential by the

nglish constitution, that the constituent branches of the legislature be independent of each other; thaerefore, the exercise of the legislative power in several colonies, by a council appointed, during

easure, by the crown, is unconstitutional, dangerous, and destructive to the freedom of American

gislation.

ll and each of which the aforesaid deputies, in behalf of themselves and their constituents, do claim

mand, and insist on, as their indubitable rights and liberties; which cannot be legally taken from th

tered or abridged by any power whatever, without their own consent, by their representatives in the

veral provincial legislatures.

the course of our inquiry, we find many infringements and violations of the foregoing rights, whic

om an ardent desire, that harmony and mutual intercourse of affection and interest may be restored

ss over for the present, and proceed to state such acts and measures as have been adopted since the

ar, which demonstrate a system formed to enslave America.

esolved,N.C.D. That the following acts of Parliament are infringements and violations of the rights

e colonists; and that the repeal of them is essentially necessary in order to restore harmony between

reat Britain and the American colonies, viz.:

he several acts of 4 Geo. 3, ch. 15, and ch. 34. -- 5 Geo. 3, ch. 25. -- 6 Geo. 3, ch. 52. -- 7 Geo. 3, ch

, and ch. 46. -- 8 Geo. 3, ch. 22, which impose duties for the purpose of raising a revenue in Ameri

tend the powers of the admiralty courts beyond their ancient limits, deprive the American subject o

al by jury, authorize the judges' certificate to indemnify the prosecutor from damages, that he migh

herwise be liable to, requiring oppressive security from a claimant of ships and goods seized, beforall be allowed to defend his property, and are subversive of American rights.

lso the 12 Geo. 3, ch. 24, entitled "An act for the better securing His Majesty's dockyards, magazin




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ips, ammunition, and stores," which declares a new offense in America, and deprives the American

bject of a constitutional trial by a jury of the vicinage, by authorizing the trial of any person, charg

ith the committing any offense described in the said act, out of the realm, to be indicted and tried fo

e same in any shire or county within the realm.

lso the three acts passed in the last session of Parliament, for stopping the port and blocking up the

rbor of Boston, for altering the charter and government of the Massachusetts Bay, and that which i

titled "An act for the better administration of justice," etc.

lso the act passed in the same session for establishing the Roman Catholic religion in the Province

uebec, abolishing the equitable system of English laws, and erecting a tyranny there, to the greatnger, from so total a dissimilarity of religion, law, and government of the neighboring British colo

y the assistance of whose blood and treasure the said country was conquered from France.

lso the act passed in the same session for the better providing suitable quarters for officers and sold

His Majesty's service in North America.

lso, that the keeping a standing army in several of these colonies, in time of peace, without the cons

the legislature of that colony in which such army is kept, is against law.

o these grievous acts and measures, Americans cannot submit, but in hopes that their fellow-subjec

reat Britain will, on a revision of them, restore us to that state in which both countries found happin

d prosperity, we have for the present only resolved to pursue the following peaceable measures:

esolved,unanimously, That from and after the first day of December next, there be no importation i

ritish America, from Great Britain or Ireland of any goods, wares or merchandise whatsoever, or fr

y other place of any such goods, wares or merchandise. 3

t. To enter into a nonimportation, nonconsumption, and nonexportation agreement or association.

To prepare an address to the people of Great Britain, and a memorial to the inhabitants of Britishmerica, and

To prepare a loyal address to His Majesty; agreeable to resolutions already entered into.

Journals of the Continental Congress, 1774-1789 (Washington, 1904), I, 63-73.

I.e., nemine contradicente,meaning without a dissenting vote or unanimously. Commenting on these proceedings bcommittee of the British House of Commons, in June, 1779, Galloway stated that, although the resolutions were recohaving been passed unanimously, this meant not that they were approved by every member present but by a majori

ch delegation (The Examination of Joseph Galloway ... before the House of Commons ... , 2d ed.; London, 1780, p.

This paragraph was struck out.

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CLARATION OF COLONIAL RIGHTS:

SOLUTIONS OF THE FIRST CONTINENTAL CONGRESS

TOBER 14, 1774 [1]

ollowing the Boston Tea Party and the adoption of the Intolerable

ts, delegates gathered on September 5, 1774, at Philadelphia, in what

s to become the First Continental Congress. Every colony but Georgia

s represented. They voted on September 6 to appoint a committee "to

ate the rights of the Colonies in general, the several instances in

ich these rights are violated or infringed, and the means most proper

be pursued for obtaining a restoration of them" (Journals of the

ntinental Congress, 1774-1789, Washington, 1904, I, 26).

seph Galloway (173l -1803), a Philadelphia merchant and lawyer, led a

nservative attempt to unite the colonies within the Empire. He had

rved as speaker of the Pennsylvania Assembly from 1776 to 1774. In the

r Galloway supported the British cause and after 1778 became spokesman

r the Loyalists in England. In the First Continental Congress the more

dical delegates thrust aside Galloway's proposal and on October 14

opted instead, by unanimous action, the Declaration of Colonial Rights

produced here. The first draft of these resolutions was written by

jor John Sullivan (1740-95 ), delegate from New Hampshire, lawyer,

jor of the New Hampshire militia, major general in the Continentalmy, judge, and eventually governor of his state.

fore they dissolved, on October 26, the members voted to meet again in

e same city on May 10, 1775, "unless the redress of grievances ... be

tained before that time" (ibid., p. 102).]

e Congress met according to adjournment, and resuming the

nsideration of the subject under debate -- came into the following

solutions:

LLIVAN'S DRAUGHT

. Whereas, since the close of the last war, the British Parliament,

aiming a power of right to bind the people of America, by statute in

l cases whatsoever, hath in some acts expressly imposed taxes on them,

d in others, under various pretenses, but in fact for the purpose of

ising a revenue, hath imposed rates and duties payable in these

lonies, established a board of commissioners, with unconstitutional

wers, and extended the jurisdiction of courts of admiralty, not only

r collecting the said duties, but for the trial of causes merely

ising within the body of a county.

d whereas, in consequence of other statutes, judges, who before held

ly estates at will in their offices, have been made dependent upon the

own alone for their salaries, and standing armies kept in times of

ace:

d it has lately been resolved in Parliament, that by force of a

atute, made in the thirty-fifth year of the reign of King Henry the

ghth, colonists may be transported to England, and tried there upon

cusations for treasons, and misprisions, or concealments of treasons

mmitted in the colonies; and by a late statute, such trials have been

rected in cases therein mentioned.

d whereas, in the last session of Parliament, three statutes were

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e British Parliament, they are entitled to a free and exclusive power

legislation in their several provincial legislatures, where their

ght of representation can alone be preserved, in all cases of taxation

d internal polity, subject only to the negative of their sovereign, in

ch manner as has been heretofore used and accustomed. But, from the

cessity of the case, and a regard to the mutual interest of both

untries, we cheerfully consent to the operation of such acts of the

itish Parliament, as are bona fide, restrained to the regulation of

r external commerce, for the purpose of securing the commercial

vantages of the whole empire to the mother-country, and the commercial

nefits of its respective members; excluding every idea of taxation,

ternal or external, for raising a revenue on the subjects in America,

thout their consent.

solved, N.C.D. 5. That the respective colonies are entitled to the

mmon law of England, and more especially to the great and inestimable

ivilege of being tried by their peers of the vicinage, according to

e course of that law.

solved, 6. That they are entitled to the benefit of such of the

glish statutes as existed at the time of their colonization; and which

ey have, by experience, respectively found to be applicable to their

veral local and other circumstances.

solved, N.C.D. 7. That these His Majesty's colonies, are likewise

titled to all the immunities and privileges granted and confirmed to

em by royal charters, or secured by their several codes of provincial

ws.

solved, N.C.D. 8. That they have a right peaceably to assemble,

nsider of their grievances, and petition the king; and that all

osecutions, prohibitory proclamations, and commitments for the same

e illegal.

solved, N.C.D. 9. That the keeping a standing army in these colonies,

times of peace, without the consent of the legislature of that

lony, in which such army is kept, is against law.

solved, N.C.D. 10. It is indispensably necessary to good government,

d rendered essential by the English constitution, that the constituent

anches of the legislature be independent of each other; that,

erefore, the exercise of the legislative power in several colonies, by

council appointed, during pleasure, by the crown, is unconstitutional,

ngerous, and destructive to the freedom of American legislation.

l and each of which the aforesaid deputies, in behalf of themselves

d their constituents, do claim, demand, and insist on, as their

dubitable rights and liberties; which cannot be legally taken from

em, altered or abridged by any power whatever, without their own

nsent, by their representatives in their several provincial

gislatures.

the course of our inquiry, we find many infringements and violations

the foregoing rights, which, from an ardent desire, that harmony and

tual intercourse of affection and interest may be restored, we pass

er for the present, and proceed to state such acts and measures as

ve been adopted since the last war, which demonstrate a system formed

enslave America.

solved, N.C.D. That the following acts of Parliament are infringements

d violations of the rights of the colonists; and that the repeal of




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em is essentially necessary in order to restore harmony between Great

itain and the American colonies, viz.:

e several acts of 4 Geo. 3, ch. 15, and ch. 34. -- 5 Geo. 3, ch. 25.

6 Geo. 3, ch. 52. -- 7 Geo. 3, ch. 41, and ch. 46. -- 8 Geo. 3, ch.

, which impose duties for the purpose of raising a revenue in America,

tend the powers of the admiralty courts beyond their ancient limits,

prive the American subject of trial by jury, authorize the judges'

rtificate to indemnify the prosecutor from damages, that he might

herwise be liable to, requiring oppressive security from a claimant of

ips and goods seized, before he shall be allowed to defend his

operty, and are subversive of American rights.

so the 12 Geo. 3, ch. 24, entitled "An act for the better securing His

jesty's dockyards, magazines, ships, ammunition, and stores," which

clares a new offense in America, and deprives the American subject of

constitutional trial by a jury of the vicinage, by authorizing the

ial of any person, charged with the committing any offense described

the said act, out of the realm, to be indicted and tried for the same

any shire or county within the realm.

so the three acts passed in the last session of Parliament, for

opping the port and blocking up the harbor of Boston, for altering the

arter and government of the Massachusetts Bay, and that which istitled "An act for the better administration of justice," etc.

so the act passed in the same session for establishing the Roman

tholic religion in the Province of Quebec, abolishing the equitable

stem of English laws, and erecting a tyranny there, to the great

nger, from so total a dissimilarity of religion, law, and government

the neighboring British colonies, by the assistance of whose blood

d treasure the said country was conquered from France.

so the act passed in the same session for the better providing

itable quarters for officers and soldiers in His Majesty's service in

rth America.

so, that the keeping a standing army in several of these colonies, in

me of peace, without the consent of the legislature of that colony in

ich such army is kept, is against law.

these grievous acts and measures, Americans cannot submit, but in

pes that their fellow-subjects in Great Britain will, on a revision of

em, restore us to that state in which both countries found happiness

d prosperity, we have for the present only resolved to pursue the

llowing peaceable measures:

solved, unanimously, That from and after the first day of December

xt, there be no importation into British America, from Great Britain

Ireland of any goods, wares or merchandise whatsoever, or from any

her place of any such goods, wares or merchandise. [3]

t. To enter into a nonimportation, nonconsumption, and nonexportation

reement or association.

To prepare an address to the people of Great Britain, and a memorial

the inhabitants of British America, and

To prepare a loyal address to His Majesty; agreeable to resolutions

ready entered into.




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___________

Journals of the Continental Congress, 1774-1789 (Washington, 1904),

63-73.

I.e., nemine contradicente, meaning without a dissenting vote or

animously. Commenting on these proceedings before a committee of the

itish House of Commons, in June, 1779, Galloway stated that, although

e resolutions were recorded as having been passed unanimously, this

ant not that they were approved by every member present but by a

jority of each delegation (The Examination of Joseph Galloway ...

fore the House of Commons ... , 2d ed.; London, 1780, p. 61).

This paragraph was struck out.




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Liberty Libraryof

Constitutional Classicshe following is a list of the classic books and other works on constitutional government, which we

ther include in our collection, or plan to add.

egend: If more than one file format available, click on the button to get the indicatedrmat:

HTML | Text | Zipped WP | Adobe PDF | RTF | MS Word | Image

Library Guides Various analyses of key ideas and how they were advanced by some of

works in this collection.

1.

Code of Hammurabi(~1780 BCE) Early Mesopotamian legal code laid basis for lat

Hebraic and European law.

2.

Ancient Greek and Latin Library Selected works on ancient history, customs and law3.

Institutes, Justinian (533) The main part of the Corpus Juris Civilisthe other parts being th

Digest, Code, andNovels, which codified Roman Law. In Latin and English.

4.

Constitutions of Clarendon(1164) Established rights of laymen and the church in

England.

5.

Assize of Clarendon(1166) Defined rights and duties of courts and people in crimin

cases.

6.

Assize of Arms(1181) Defined rights and duties of people and militias.7.

Magna Carta(1215) Established the principle that no one, not even the king or a

lawmaker, is above the law.

8.

Confirmatio Cartarum(1297) United Magna Carta to the common law by declaring

that the Magna Carta could be pled in court.

9.

On the Laws and Customs of England, Henry de Bracton (1268) First codification of Engl

common law.

10.

Summa Theologica, St. Thomas Aquinas (1265-1273) Discusses foundations of law andjustice.

11.

The Declaration of Arbroath(1320) Scotland's declaration of independence from

England.

12.

The Prince, Niccolo Machiavelli (1513) Practical advice on governance and statecra

with thoughts on the kinds of problems any government must be able to solve to endure.

13.

Utopia, Thomas More (1516) Satirical analysis of shortcomings of his society and a

vision of what could be.

14.

iberty Library of Constitutional Classics

ttp://www.constitution.org/liberlib.htm (1 of 10) [1/9/2001 11:11:09 AM]
http://www.constitution.org/tm/utopia.txthttp://www.constitution.org/tm/utopia.htmhttp://www.constitution.org/mac/prince.txthttp://www.constitution.org/mac/prince00.htmhttp://www.constitution.org/scot/arbroath.txthttp://www.constitution.org/scot/arbroath.htmhttp://www.constitution.org/eng/confir_cartarum.txthttp://www.constitution.org/eng/confir_cartarum.htmhttp://www.constitution.org/eng/magcart.jpghttp://www.constitution.org/eng/magnacar.txthttp://www.constitution.org/eng/magnacar.htmhttp://www.constitution.org/eng/assizarm.txthttp://www.constitution.org/eng/assizarm.htmhttp://www.constitution.org/eng/assizcla.txthttp://www.constitution.org/eng/assizcla.htmhttp://www.constitution.org/eng/consclar.txthttp://www.constitution.org/eng/consclar.htmhttp://www.constitution.org/grlatlib.htmhttp://www.constitution.org/ime/hammurabi.txthttp://www.constitution.org/ime/hammurabi.htmhttp://www.constitution.org/lg/guides.htm


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Discourses on Livy, Niccolo Machiavelli (1517 tr. Henry Neville 1675) Argues for th

ideal form of government being a republic based on popular consent, defended by militia.

15.

Britton, (~1530) Abridged, updated, more readable, and more widely used codification bas

on Bracton, originally in the French of the English court, reflecting changes in the law, includi

changes in juries.

16.

Relectiones, Franciscus de Victoria (lect. 1532, first pub. 1557) IncludesDe Indisan

iure belli, arguing for humane treatment of native Americans and of enemies in war. Provided

basis for the law of nationsdoctrine.

17.

In Defense of the Indians, Bartolom de Las Casas (~1548) Argues for respecting the righ

Native Americans.

18.

Six Books of the Commonwealth, Jean Bodin (~1590 tr. Richard Knolles 1606, tr. & ab

M.J. Tooley 1955) Originated modern ideas of sovereignty, the state, and citizenship.

19.

Politica, Johannes Althusius (1614) First presented a comprehensive theory of federal

republicanism based on a covenantal model of human society.

20.

The Mayflower Compact(1620) One of the first expressions of the social contract i

written form.

21.

On Laws of War and Peace, Hugo Grotius (1625) Sets out principles of natural law and thelaws of nations.

22.

The New Atlantis, Francis Bacon (1627) Utopian vision of support for scientific

research as a foundation of good government.

23.

The First Part of the Institutes of the Laws of England, Sir Edward Coke (1628) Further

codification of English common law.

24.

The Petition of Right(1628) The objectives of the reform movement that led to the

English Civil War and the deposing of Charles I.

25.

Fundamental Orders of Connecticut(1639) The first written constitution.26.

Massachusetts Body of Liberties(1641) Early written expression of the liberties

asserted by the colonists in reaction to the oppressions of European governments.

27.

A Plea for Religious Liberty, Roger Williams (1644) Early expression of the princip

of religious tolerance by the founder of the colony of Rhode Island.

28.

On Liberty, John Winthrop (1645) Discusses liberties demanded by the colonists.29.

Selected Works of the Levellers(1645-9) Militia leaders who sought legal reforms latesought by the American Revolution and embodied in the U.S. Constitution and Bill of Rights.

IncludesAn Agreement of the Free People of England, an early attempt at a republican

constitution.

30.

The Citizen, Thomas Hobbes (1641-47) Discussion of the natural law foundations of

government.

31.

Leviathan, Thomas Hobbes (1651) Laid basis for social contract theory, providing

branching point for the theories of constitutionalism and fascism.

32.


http://www.constitution.org/th/leviatha.txthttp://www.constitution.org/th/leviatha.htmhttp://www.constitution.org/th/decive.ziphttp://www.constitution.org/th/decive.htmhttp://www.constitution.org/lev/levellers.htmhttp://www.constitution.org/bcp/winthlib.txthttp://www.constitution.org/bcp/winthlib.htmhttp://www.constitution.org/bcp/religlib.txthttp://www.constitution.org/bcp/religlib.htmhttp://www.constitution.org/bcp/mabodlib.txthttp://www.constitution.org/bcp/mabodlib.htmhttp://www.constitution.org/bcp/fo_1639.txthttp://www.constitution.org/bcp/fo_1639.htmhttp://www.constitution.org/eng/petright.txthttp://www.constitution.org/eng/petright.htmhttp://www.constitution.org/bacon/new_atlantis.txthttp://www.constitution.org/bacon/new_atlantis.htmhttp://www.constitution.org/bcp/mayfcomp.txthttp://www.constitution.org/bcp/mayfcomp.htmhttp://www.constitution.org/bodin/bodin.txthttp://www.constitution.org/bodin/bodin_.htmhttp://www.constitution.org/victoria/victoria.txthttp://www.constitution.org/victoria/victoria_.htmhttp://www.constitution.org/mac/disclivy.txthttp://www.constitution.org/mac/disclivy_.htm


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Selected Political Works of John Milton Includes Tenure of Kings and Magistrates(1649

andDefense of the People of England(1651).

33.

The Commonwealth of Oceana, James Harrington (1656) Outline of a plan for republic

government.

34.

Vindiciae Contra Tyrannos, "Junius Brutus" (1660) In 1683 it was ordered to be bur35.

Theologico-Political Treatise, Baruch de Spinoza (1670) Discussed the ultimate source of

legitimate political power.

36.

On the Duty of Man and Citizen According to Natural Law, Samuel Pufendorf (1673,

tr. Frank Gardner Moore) Based law and right on natural law.

37.

The Law of Nature and of Nations, Samuel Pufendorf (1674, tr. Basil Kennett 1703) Deriv

justice and the law of nations from natural law.

38.

Bacon's Declaration in the Name of the People(1676) The manifesto of a rebellion

Virginia led by Nathaniel Bacon.

39.

Political Treatise, Baruch de Spinoza (1677) Constitutional considerations of variou

forms of government, including ideas that later influenced the Founders.

40.

Habeas Corpus Act(1679) English Parliament established key right.41.

Plato Redivivus, Henry Neville (1681) Argued for limits on the powers of governme42.

Frame of Government of Pennsylvania, William Penn (1682) Early model for writ

constitutions.

43.

English Bill of Rights(1689) Early model for recognizing natural rights in writing.

Much of its language appeared later in the Declaration of Independence and U.S. Constitution

44.

Second Treatise on Government, John Locke (1689) Principal proponent of the soci

contract theory which forms the basis for modern constitutional republican government.

45.

A Letter Concerning Toleration, John Locke (1689) Classic statement of the case fo

toleration of those holding different views.

46.

A Discourse of Government with Relation to Militias, Andrew Fletcher (1698) Anal

importance of the militia to legitimate government, law enforcement, and national defense.

47.

Discourses Concerning Government, Algernon Sidney (1698) Built principles of popul

government from foundation of natural law and the social contract.

48.

Constitution of the Iroquois Confederacy A model for a federal system of governme

for several Native American nations, it influenced Franklin's proposed Albany Plan of Union.

49.

Abridgement of the Project for Perpetual Peace, Abb Charles de Saint-Pierre (1713) Plan

peace in Europe.

50.

Selected Works of Walter Moyle, (~1696-1721, pub. 1796) Includes Constitution of th

Roman State, a commentary on English constitutional issues from a Whig perspective.51.

Selections from Cato's Letters, John Trenchard and Thomas Gordon (1720-23) English

newspaper articles advocating Whig principles, which much influenced the American colonist

52.


http://www.constitution.org/cl/cato_000.htmhttp://www.constitution.org/moyle/moyle.htmhttp://www.constitution.org/cons/iroquois.txthttp://www.constitution.org/cons/iroquois.htmhttp://www.constitution.org/as/dcg_000.htmhttp://www.constitution.org/fletchr/fletchr.txthttp://www.constitution.org/fletchr/fletchr.htmhttp://www.constitution.org/jl/tolerati.txthttp://www.constitution.org/jl/tolerati.htmhttp://www.constitution.org/jl/2ndtreat.txthttp://www.constitution.org/jl/2ndtreat.htmhttp://www.constitution.org/eng/eng_bor.txthttp://www.constitution.org/eng/eng_bor.htmhttp://www.constitution.org/bcp/frampenn.txthttp://www.constitution.org/bcp/frampenn.htmhttp://www.constitution.org/neville/pla_red.txthttp://www.constitution.org/neville/pla_red_.htmhttp://www.constitution.org/eng/habcorpa.txthttp://www.constitution.org/eng/habcorpa.htmhttp://www.constitution.org/bs/poltreat.txthttp://www.constitution.org/bs/poltr-00.htmhttp://www.constitution.org/bcp/baconpeo.txthttp://www.constitution.org/bcp/baconpeo.htmhttp://www.constitution.org/puf/puf-dut.txthttp://www.constitution.org/puf/puf-dut.htmhttp://www.constitution.org/vct/vindiciae.txthttp://www.constitution.org/vct/vindiciae.htmhttp://www.constitution.org/jh/oceana.htm


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Questions of Public Law, Cornelius van Bynkershoek (1737) Develops the law of

nations and constitutional (public) law beyond Grotius and Pufendorf.

53.

An account of Denmark, as it was in the year 1692, Robert Molesworth (5th ed. 1745)

Commentary on Denmark that is really a commentary on constituitonal issues in England.

54.

The Principles of Natural and Politic Law, J. Burlamaqui (1748, tr. Thomas Nugent 17

Commentary on the natural law ideas of Grotius, Hobbes, Puffendorf, Barbeyrac, Locke,

Clarke, and Hutchinson.

55.

The Spirit of Laws, Charles de Montesquieu, (1748, tr. Thomas Nugent 1752) Laid t

foundations for the theory of republican government, particularly the concepts of the separatio

powers into legislative, executive, and judicial, a federal republic, representatives elected from

political subdivisions, a bicameral legislature, and a system of checks and balances.

56.

Selected Essays of David Hume, (1754) Includes "Idea of a Perfect Commonwealth",

which inspired the federal design of the U.S. Constitution.

57.

Albany Plan of Union, Benjamin Franklin (1754) An early model for union that laid

foundation for what would eventually become the federal union.

58.

In Defense of a Plan for Colonial Union, Benjamin Franklin (1754) Arguments in f

of the Albany Plan of Union, which was rejected as too democratic.

59.

Selected Political Works of Jean Jacques Rousseau, (1754-1772) Includes Social

ContractandA Discourse on Political Economy.

60.

The Law of Nations, Emmerich de Vattel (1758) Based constitutional and civil law o

the law of nations.

61.

Selected Works of Voltaire, (~1764) Includes The Philosophy of HistoryandA Treatise o

Toleration.

62.

The Declaration of Rights of the Stamp Act Congress(1765) Developed the conce

that people could not legitimately be taxed except by their elected representatives.

63.

The Declaratory Act(1766) The English Parliament repealed the Stamp Act, butcouldn't leave well enough alone, and adopted this statement of parliamentary supremacy over

British colonies.

64.

On Crimes and Punishments, Cesare Beccaria (1764) Set out rights of the accused in

criminal proceedings. Argues for crime prevention over punishment, and against the death penand torture.

65.

An Essay on the History of Civil Society, Adam Ferguson (1767) The evolution of

societies and their forms of government.

66.

Camden, Mansfield and the English Constitution The rivalry between two British jur

helped provoke the American Revolution and shaped the evolution of the jury system in both

Britain and the United States.

67.

Letters of Junius, Unknown (1767-72) Letters from an English Whig and ally of Lord Cam

against the efforts of Lord Mansfield to restrict the role of juries, and on other constitutional

topics.

68.


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15/24

interpreting the intent of the Framers.

Constitution for the United States(1787) Annotated and linked to other

documents in this collection.

2.

The Federalist Papers, James Madison, Alexander Hamilton, John Jay (1787-88)

Arguments for ratification of the proposed Constitution.

3.

Anti-Federalist Papers(1787-89) Various essays criticizing the proposed

Constitution and urging changes.

4.

The Debates in the Several Conventions on the Adoption of the Federal Constitutio

Jonathan Elliot (1836) A collection of documents, including proceedings of the ratifystate conventions.

5.

Documentary History of the Constitution of the United States of America, U.S. Sta

Department (1894, 1900) A collection of documents, including some not in Elliot's

Debates or the other works listed.

6.

Documentary History of the Bill of Rights From the English Bill of Rights throu

the proposed amendments of the state ratifying conventions to the drafts debated in

Congress before adopting the final version.

7.

Selected Essays from the Founding Period Lectures, newspaper articles, and sermon

which reflect the understanding of constitutional issues during the founding period.

8.

A Defense of the Constitutions of Government of the United States of America, John Ada

(1787-89) Argued for a broad interpretation of national powers. Comprehensive collection

quotes from political philosophers and historians that influenced the Founders.

86.

Declaration of the Rights of Man and the Citizen(Marquis de Lafayette, Thomas Jefferso

1789) Manifesto of the French Revolution, expressing its ideals.

87.

Selected Works of Edmund Burke(1788-92) Commentary on the American and French

Revolutions and the political issues they raised.

88.

The Declaration of the Rights of Women, Olympe de Gouge (1790) Statement of an early

feminist.

89.

A Vindication of the Rights of Women, Mary Wollstonecraft (1792) Set forth the

arguments for women's rights. Mother of Mary Wollstonecraft Shelley, the author of Frankens

90.

Perpetual Peace, Immanual Kant (1795) Further discussion of natural right and the p

for peace.

91.

Federalist-Republican Debates 1792-1800

Against the Constitutionality of the Bank of the United States, Thomas Jeffers1.

For the Constitutionality of the Bank of the United States , Alexander Hamilto2.

The Virginia Report, J.W. Randolph, ed. (1850) Documents and commentary aris

out of the controversies attending the Alien and Sedition Acts, including the KentuckyResolutionsof 1798 and 1799 and the Virginia Resolutionof 1798, which set forth the

"Doctrine of '98" concerning constitutional interpretation, and led to the "Revolution of

3.

92.


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1800", the dominance of the Jeffersonians, and the demise of the Federalist Party.

First Inaugural Address, Thomas Jefferson (1801) Represents the triumph of

strict constructionists following the excesses represented by the Alien and Sedition Acts

4.

Selected Works of Thomas Jefferson Includes complete Writings of Thomas Jefferso

Albert Ellery Bergh, ed., 19 vol. (1905).

93.

Selected Works of James Madison Selected writings bearing on constitutional

interpretation.

94.

Tucker's Blackstone, St. George Tucker (1803) The Commentaries on the Laws of Engl

by William Blackstone (1769), with additional commentaries by Tucker adapting the commonto the needs of the U.S. Constitution.

95.

Dallas, Cranchand Wheaton Three successive collections of U.S. Supreme Court decisio

covering 1789-1816.

96.

An Inquiry into the Principles and Policy of the Government of the United States, John Tayl

(1814) A response to John Adams'A Defense of the Constitutions of Government of the Un

States of America.

97.

The Olive Branch: or, Faults on Both Sides, Federal and Democratic..., Matthew Carey (18 Treatise on the constitutional issues dividing the federalists and democrats.

98.

Construction Contrued and Constitutions Vindicated, John Taylor (1820) A response to so

of the misconstructions of the Constitution by the Marshall Court.

99.

The Elements of the Art of Packing, As Applied to Special Juries, Particularly in Cases of L

Law, Jeremy Bentham (written 1809, published 1821) Critical treatise on abuses of the Eng

jury system and ways to reform it, which provides a historical background to practices that

continue to this day. The first publisher in 1817 of excerpts from this work was prosecuted twi

for doing so, and the second three times, but in each attempt, juries acquitted them.

00.

Commentaries on American Law, James Kent (1826) Kent's Commentariessucceeded

Tucker's Blackstoneby reformulating the relevant content of Blackstone's Commentariesand

integrating Common Law with Constitutional Law up to that time.

01.

A View of the Constitution, William Rawle (1829) Early commentary on the

Constitution and how it should be interpreted. Made point that the Bill of Rights also applied t

states, something that would later be denied, then partially reassserted by the 14th Amendmen

the doctrine of (selective) incorporation.

02.

An Historical Essay on the Magna Charta, Richard Thomson (1829) Definitive commenta

on the fundamental documents, including the Magna Charta, the Charters of Liberties andConfirmations of Henry III and Edward I, and the Original Charter of the Forests, and their

relation to the common law.

03.

Hayne-Webster Debate(1830) Debates between Daniel Webster, representing a broade

construction of federal powers, and Robert Y. Hayne, representing strict construction and the

views of John C. Calhoun.

04.

Selected Works of John C. Calhoun, (1831) Includes "A Disquisition on Government" an

"A Discourse on the Constitution and Government of the United States". Developed the doctri

of concurrent majority, interposition, nullificationand state secession, to correct what he

05.


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perceived as a defect in the design of the Constitution that permits a persistent majority to

dominate all three branches of government and legislate against the interests of a minority to th

point where they would consider their rights violated.

Commentaries on the Constitution of the United States, Joseph Story (1833) Authorita

commentaries by an early Supreme Court justice who helped shape interpretation of the

Constitution for the next century.

06.

On Democracy in America, Alexis de Toqueville (1835, 1840) Discusses the society that

makes republican government work and how it is shaped by that form of government.

07.

A Brief Enquiry into the True Nature and Character of our Federal Government, ..., A

Parker Upshur (1840, 1868) A review of Joseph Story's Commentaries on the Constitution

the United States, arguing against some of Story's expansive interpretations of national powers

08.

Man the Reformer, Ralph Waldo Emerson (1841).09.

Civil Disobedience, Henry David Thoreau (1849) Discusses duty of individuals to re

government excesses.

10.

The Law, Frederick Bastiat (1850) Classic treatment of one of the main challenges to th

survival of democratic government.

11.

Bouvier Law Dictionary, John Bouvier (1856). Also available as two self-extracting

executables: Part 1and Part 2.

12.

On Liberty, John Stuart Mill (1860) Develops a theory of civil liberties and discusses

what rights should be recognized and protected.

13.

Representative Government, John Stuart Mill (1861) Discusses various representatio

methods and the advantages and difficulties with each.

14.

Commentaries on the Criminal Law, 6th Ed. Vol. 1, Joel P. Bishop (1865) Discussion of t

limits on the constitutional authority to impose criminal penalites in various jurisdictions.

15.

Manual of the Constitution of the United States of America, T. Farrar (1867) Provides a v

of the state of constitutional interpretation as of that time.

16.

The Constitution of the United States: Defined & Carefully Annotated, George W. Paschal

(1868) Interpretative citations for each clause and term in the Constitution.

17.

An Introduction to the Constitutional Law of the United States, John N. Pomeroy (1868)

Commentary on the state of constitutional jurisprudence during the Reconstruction Period, wit

guidance on interpretation of the Fourteenth Amendment.

18.

A Treatise on the Constitutional Limitations Which Rest Upon the Legislative Powers of ThStates of the American Union, Thomas M. Cooley (1868, 1883) Commentary reflecting

constitutional thought at the time.

19.

The Subjection of Women, John Stuart Mill (1869) Argues for full equality of wome20.

Documents and Commentary on Slavery, Secession, the Confederate States of Americ

and the Civil War.

21.

History of Trial by Jury, William Forsyth. (1875) Tells story of how it evolved, as seen by

legal scholar who missed the point that juries were established because judges and prosecutors

22.


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18/24

cannot be trusted.

History of the Formation of the Constitution of the United States of America, George Bancro

(1883) Presents much background information on the people and events that shaped the

Constitution.

23.

The General Principles of Constitutional Law in the United States of America, Thomas M.Cooley (1891) Commentary reflecting constitutional thought at the time.

24.

The Evolution of the Constitution of the United States, Sydney George Fisher (1897). Traces

each of the clauses of the U.S. Constitution back to previous colonial government documents.

25.

The History of English Law, Pollock and Maitland (1898) Definitive study of the foundati

of the Anglo-American legal system.

26.

The Grand Jury, George J. Edwards (1906) Classic treatise on the grand jury, unequ

to this day.

27.

The Moral Equivalent of War, William James (1906) Seeks solution to problem of h

to sustain political unity and civic virtue without war or a credible threat.

28.

Select Essays in Anglo-American Legal History, Freund, Mikell, & Wigmore, ed. (1907)

Classic essays on legal foundations and theory.

29.

Federal Usurpation, Franklin Pierce (1908) Historical and constitutional analysis of

corruption, zealotry, and incompetence combined to violate the Constitution.

30.

Black's Law Dictionary. 2nd Edition, 1910 Standard reference for legal terminology.31.

Robert's Rules of Order Revised, Henry Robert (1915) Essential manual for

parliamentarians of deliberative assemblies.

32.

Constitutional Conventions, Roger Sherman Hoar (1917) Treatise on the way a body

politic manifests its sovereignty.

33.

Recent Changes in American Constitutional Theory, John W. Burgess (1923)

Constitutional scholar surveys departures from constitutional compliance from 1898 through 1

34.

The Revival of Natural Law Concepts, Charles Grove Haines (1930) Review of natu

law theory as the foundation of constitutional law.

35.

Undermining the Constitution, Thomas James Norton (1950) Constitutional scholar

examines departures from constitutional compliance arising from New Deal.

36.

Jurisdiction over Federal Areas within the States Report of the Interdepartmenta

Committee for the Study of Jurisdiction over Federal Areas within the States (1956).

37.

Freedom's Frontier Atlantic Union Now, Clarence K. Streit (1962) Classic

treatise on international conflict and federalism. Also see a Reviewby Jon Roland.

38.

Militia Treatises, James B. Whisker Standard references on the subject. Includes The M(1992) and The American Colonial Militia(1997).

39.

Selected Works on Tyranny To understand the principles of constitutional republicangovernment, one must understand the principles of its opposite.

40.

Selected U.S. Supreme Court Decisions Includes commentaries on the rulings and the41.


http://www.constitution.org/aun/revaunjr.htmhttp://www.constitution.org/ussc/usscdeci.htmhttp://www.constitution.org/tyranny.htmhttp://www.constitution.org/jw/jbwhisker.htmhttp://www.constitution.org/aun/revaunjr.htmhttp://www.constitution.org/aun/aun--wpd.ziphttp://www.constitution.org/aun/aun--txt.ziphttp://www.constitution.org/aun/aun0--00.htmhttp://www.constitution.org/juris/fjur/fedjuris.exehttp://www.constitution.org/juris/fjur/fj0-0000.htmhttp://www.constitution.org/juris/fjur/fj1-1001.htmhttp://www.constitution.org/norton/norton.txthttp://www.constitution.org/norton/norton_.htmhttp://www.constitution.org/haines/haines.txthttp://www.constitution.org/haines/haines_.htmhttp://www.constitution.org/jwb/burgess.txthttp://www.constitution.org/jwb/burgess.htmhttp://www.constitution.org/rsh/concon.txthttp://www.constitution.org/rsh/concon00.htmhttp://www.constitution.org/rror/rror_wpd.ziphttp://www.constitution.org/rror/rror_txt.ziphttp://www.constitution.org/rror/rror--00.htmhttp://www.constitution.org/pierce/pierce.txthttp://www.constitution.org/pierce/pierce.htmhttp://www.constitution.org/wj/meow.txthttp://www.constitution.org/wj/meow.htmhttp://www.constitution.org/gje/gj.txthttp://www.constitution.org/gje/gj_00.htm


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opinions.

Selected U.S. Appellate Court Decisions Includes commentaries on the rulings and the

opinions.

42.

Constitutional Commentary Collection Books, anthologies, and essays.43.

Legal Briefs Collection Organized by subject.44.

Law Review Article Collection Organized by subject.45.

U.S. State Constitutions and Web Sites46.

National Constitutions The supreme laws of many of the most important countries, for

comparative analysis.

47.

or contributions to and suggestions for additional items to be added to this collection, contact editor

oland, [email protected] plan to make this collection available on CD-ROM wh

is more complete.

Home| Constitution Society

What you can do to help

o see some of the above the way it was intended, download the Old GondorTrueType font, and cop

your c:\windows\fonts directory. For more on fonts see our Internet Toolspage.


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20/24

Jefferson

Welcome to the

he Constitution Society is a private non-profit organization dedicated to research and public educati

n the principles of constitutional republican government. It publishes documentation, engages in

igation, and organizes local citizens groups to work for reform.

his organization was founded in response to the growing concern that noncompliance with the U.S.

onstitution and most state constitutions is creating a crisis of legitimacy that threatens freedom and ghts. Although the focus here is on the United States, we plan to expand coverage to include the res

e world. We maintain that the principles of constitutional republicanism are universal, and applicab

l nations, although not well understood or upheld by most. We also examine the related principles o

deralism, and show how those principles are applicable to solving the fundamental problem of avoi

cessive or unbalanced concentrations of power.

he following pages examine this subject in more detail:

Basic Principles Founding Documents

Rights, Powers and Duties Unity and Federalism

Constitution Society Home Page

ttp://www.constitution.org/default.htm (1 of 5) [1/9/2001 11:12:11 AM]
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Abuses and Usurpations Constitutional Defense

Jurisdiction and Due Process Legal Reform

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What you can do to helpo see some of the above the way it was intended, download the Old GondorTrueType font, and co

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S. Constitution is achieved.

ooking for a job? Check out this page of Recruitersfor computer-related jobs. Most of them also re

r non-computer-related jobs. All we ask is that you tell them we referred you.

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Declaration of Colonial Rights 1774

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Transcript of Declaration of Colonial Rights 1774