notice of such his desire to the commanding officer, and shall furnish and allow the same accordingly; then . . . the noncommission officers and soldiers so quartered shall provide their own victuals; and the officer to whom it belongs to receive, or that actually does receive, the pay and subsistence of such non-commission officers and soldiers, shall pay the several sums herein after-mentioned to be payable, out of the subsistence-money, for diet and small beer, to the non-commission officers and soldiers aforesaid . . .

VII. And whereas there are several barracks in several places in his Majesty's said dominions in America, or some of them, provided by the colonies, for the lodging and covering of soldiers in lieu of quarters, for the ease and conveniency as well of the inhabitants of and in such colonies, as of the soldiers; it is hereby further enacted, That all such officers and soldiers, so put and placed in such barracks, or in hired uninhabited houses, outhouses, barns, or other buildings, shall, from time to time, be furnished and supplied there by the persons to be authorized or appointed for that purpose by the governor and council of each respective province, or upon neglect or refusal of such governor and council in any province, then by two or more justices of the peace residing in or near such place, with fire, candles, vinegar, and salt, bedding, utensils for dressing their victuals, and small beer or cyder, not exceeding five pints, or half a pint of rum mixed with a quart of water, to each man, without paying any thing for the same. VIII. [Persons taking or hiring uninhabited houses, &c., for troops, and furnishing supplies as aforesaid, to be reimbursed by the province.]

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XI. And be it further enacted That if any constable, tythingman, magistrate, or other chief officer or person whatsoever, who, by virtue or colour of this act, shall quarter or billet, or be employed in quartering or billeting, any officers or soldiers, within his Majesty's said dominions in America, shall neglect or refuse, for the space of two hours, to quarter or billet such officers or soldiers, when thereunto required, in such manner as is by this act directed, provided sufficient notice be given before the arrival of such forces; . . or in case any victualler, or any other person liable by this act to have any officer or soldier

billeted or quartered on him or her, shall refuse to receive or victual any such officer or soldier . ; or in case any person or persons shall refuse to furnish or allow, according to the directions of this act, the several things herein before directed to be furnished or allowed to officers and soldiers, so quartered or billeted on him or her, or in the barracks, and hired uninhabited houses, out-houses, barns or other buildings, as aforesaid, at the rate herein after mentioned; and shall be thereof convicted before one of the magistrates of any one of the supreme chief or principal common law courts of the colony where such offence shall be committed, . [every such offender shall forfeit not less than forty shillings nor more than £5.]

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XV. And be if further enacted That for the better and more regular provision of carriages for his Majesty's forces in their marches, or for their arms, cloaths, or accoutrements, in his Majesty's said dominions in America, all justices of the peace within their several villages . . . [ &c.] . . . and places, being duly required thereunto by an order from his Majesty, or the general of his forces, or of the general commanding, or the commanding officer there shall, as often as such order is brought and shewn unto one or more or them, by the quarter-master, adjutant, or other officer of the regiment, detachment, or company, so ordered to march, issue out his or their warrants to the constables . . . or other officers of the villages . . . and other places, from, through, near, or to which such regiment, detachment, or company, shall be ordered to march, requiring them to make such provision for carriages, with able men to drive the same, as shall be mentioned in the said warrant: allowing them reasonable time to do the same, that the neighbouring parts may not always bear the burthen: and in case sufficient carriages cannot be provided within any such village. . . or other place, then the next justice or justices of the peace of the village . . . or other place, shall, upon such order as aforesaid . . ., issue his or their warrants to the constables or other officers, of such next village . or other place, for the purposes aforesaid, to make up such deficiency; and such constable . . . or other officer, shall order or appoint such person or persons, having carriages, within their respective villages. . . or other places, as they shall think proper, to provide

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and furnish such carriages and men, according to the warrant aforesaid .

XVI. And be it further enacted, That the pay or hire for a New York waggon, carrying twelve hundred pounds gross weight, shall be seven pence sterling for each mile; and for every other carriage in that and every other colony . . ., in the same proportion; and at or after the same rate or price for what weight every such other carriage shall carry; and that the first day's pay or hire for every such carriage, shall be paid down by such officer to such constable . . . or other civil officer, who shall get or procure such carriages, for the use of the owner or owners thereof; and the pay or hire for every such carriage after the first day, shall be paid every day, from day to day, by such officer as aforesaid, into the hands of the driver or drivers of such carriages respectively, until such carriages shall be discharged from such service, for the use of the owner and owners thereof.

XVIII. Provided also, That no such waggon, cart, or carriage, shall be obliged to travel more than one day's march, if, within that time, they shall arrive at any other place where other carriages may be procured; but, in case other sufficient carriages cannot be procured, then such carriages shall be obliged to continue in the service till they shall arrive at such village . . . or other place, where proper and sufficient carriages, for the service of the forces, may be procured.

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No. 35. Resolutions of the Stamp Act

Congress

October 19, 1765

In a circular letter of June 8, 1765, the Massachusetts House of Representatives proposed to the other colonies the appointment of committees to meet at New York, in October, "to consult together on the present circumstances of the colonies, and the difficulties to which they are and must be reduced by the operation of the acts of parliament, for levying duties and taxes on the colonies; and to consider of a general and united, dutiful, loyal and humble representation of their condition to his majesty and to the parliament, and to

implore relief." The congress met October 7, delegates, variously appointed, being present from Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina. Timothy Ruggles of Massachusetts was chosen chairman. On the 19th a "declaration of the rights and grievances of the colonists in America,” originally drafted by John Dickinson, a delegate from Pennsylvania, was agreed to; on the 22d a petition to the King, also drawn by Dickinson, and a memorial and petition to the House of Lords, were approved, followed on the 23d by a petition to the Commons. After voting to recommend to the several colonies the appointment of special agents "for soliciting relief from their present grievances" in England, the congress adjourned. Ruggles did not assent to the declaration of the congress, and was later censured for his refusal by the Massachusetts House of Representatives. The petition to the Commons was presented in that body January 27, 1766, and, after some debate, was passed over without action.

REFERENCES.—Text in Almon's Prior Documents, 27, 28. The journal of the congress was printed in Niles's Weekly Register, II., 337-342, 353355, and reprinted in Niles's Principles and Acts of the Revolution. Dickinson's draft is in his Writings (Ford's ed., 1895), I., 183–187. The best account of the congress is that of Frothingham, Rise of the Republic, chap. 5; see also two letters to Thomas McKean, in John Adams's Works, X., 60-63.

The members of this Congress, sincerely devoted, with the warmest sentiments of affection and duty to his Majesty's person and government, inviolably attached to the present happy establishment of the Protestant succession, and with minds deeply impressed by a sense of the present and impending misfortunes of the British colonies on this continent; having considered as maturely as time will permit, the circumstances of the said colonies, esteem it our indispensible duty to make the following declarations of our humble opinion, respecting the most essential rights and liberties of the colonists, and of the grievances under which they labour, by reason of several late acts of parliament.

I. That his Majesty's subjects in these colonies, owe the same allegiance to the crown of Great Britain, that is owing from his subjects born within the realm, and all due subordination to that august body the parliament of Great-Britain.

II. That his Majesty's liege subjects in these colonies, are intitled to all the inherent rights and liberties of his natural born subjects, within the kingdom of Great-Britain.

III. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no Taxes be imposed

on them but with their own consent, given personally, or by their representatives.

IV. That the people of these colonies are not, and, from their local circumstances, cannot be, represented in the House of Commons in Great-Britain.

V. That the only representatives of the people of these colonies are persons chosen therein by themselves, and that no taxes ever have been, or can be constitutionally imposed on them, but by their respective legislatures.

VI. That all supplies to the crown being free gifts of the people, it is unreasonable and inconsistent with the principles and spirit of the British constitution, for the people of GreatBritain to grant to his Majesty the property of the colonists. VII. That trial by jury, is the inherent and invaluable right of every British subject in these colonies.

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VIII. That . . . [the Stamp Act] . . ., by imposing taxes on the inhabitants of these colonies, and the said act, and several other acts, by extending the jurisdiction of the courts of admiralty beyond its ancient limits, have a manifest tendency to subvert the rights and liberties of the colonists.

IX. That the duties imposed by several late acts of parliament, from the peculiar circumstances of these colonies, will be extremely burthensome and grievous; and from the scarcity of specie, the payment of them absolutely impracticable.

X. That as the profits of the trade of these colonies ultimately center in Great-Britain, to pay for the manufactures which they are obliged to take from thence, they eventually contribute very largely to all supplies granted there to the crown.

XI. That the restrictions imposed by several late acts of parliament on the trade of these colonies, will render them unable to purchase the manufactures of Great-Britain.

XII. That the increase, prosperity and happiness of these colonies, depend on the full and free enjoyments of their rights and liberties, and an intercourse with Great-Britain mutually affectionate and advantageous.

XIII. That it is the right of the British subjects in these colonies to petition the king, or either house of parliament.

Lastly, That it is the indispensible duty of these colonies, to the best of sovereigns, to the mother country, and to themselves,