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Grievance #18 of the Declaration of Independence
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Founding Principles
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What if you didn’t get a jury at your trial?
In Grievance 18 of the Declaration of Independence, Chris Canty, student at George Washington University, explains how colonists were denied the right to trial by jury in certain cases.
Instead, cases like smuggling were sent to admiralty courts, where a single judge decided the outcome. No jury. No peers. Just a ruling from a magistrate.
For colonists, this was a serious violation of their rights. Trial by jury had been a core part of English law since the Magna Carta, and losing it felt like losing a key protection against government power.
This wasn’t just about one case or one court. It was about a bigger issue: if the government can control the courts, can it also control justice?
0:00 If you ask the average person to
0:01 identify the motto of the American
0:03 Revolution, they might be able to recite
0:05 that old classic, no taxation without
0:08 representation. We spend a lot of time
0:09 on that second word, taxation, and sure,
0:12 who likes taxes? But the fourth word of
0:14 the motto helps us understand why they
0:16 were so upset.
0:17 When they endorsed grievance 17, the
0:19 Continental Congress was expressing how
0:21 they were really upset over the issue of
0:23 representation. In the British Empire,
0:25 most people understood that Parliament
0:27 did not actually represent every one of
0:29 its subjects. In 1765, the English
0:32 politician Thomas Whately had explained
0:33 that all British subjects, in fact, were
0:35 virtually represented in Parliament
0:37 because every member of Parliament acted
0:39 in the best interest of the entire
0:41 empire, not on behalf of any individual
0:43 group of constituents. But this
0:45 explanation of virtual representation
0:47 just wasn’t good enough for Americans.
0:48 They were fine with taxes related to
0:50 trade because that was the accepted
0:52 responsibility of the Imperial
0:53 government, and they were fine with
0:55 paying taxes to their colonial
0:56 legislatures that had offered some form
0:58 of representation since the 17th
1:00 century. But when Parliament started
1:01 taxing them directly, they believed it
1:03 had gone too far.
1:05 Patriots like John Adams put it in stark
1:07 terms. Let it be known that British
1:09 liberties, like the right to
1:10 representation, were not the grants of
1:13 princes or parliaments, but original
1:15 rights to which all British subjects
1:17 were entitled. When Parliament imposed
1:19 taxes on colonists without their
1:20 approval, they went against a basic
1:22 enlightenment principle
1:24 that governed the English constitution.
1:27 As John Locke had put it, no one could
1:29 be subjected to the political power of
1:31 another without his own consent. No
1:33 taxation had been enough of a rallying
1:35 cry to get some people protesting in the
1:37 streets, but no representation in a
1:40 government supposedly built on English
1:41 liberty, that was enough of a
1:43 declaration to launch a revolution.
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Related Resources
What happens when trials are moved somewhere else? In Grievance 15 of the Declaration of Independence, Hannah Nolan, PhD Candidate at the University of Maryland, explains how British officials allowed soldiers to be tried outside the colonies, raising serious concerns about accountability. After events like the Boston Massacre, colonists had already seen that local courts could deliver fair trials, even in highly emotional situations. But the Administration of Justice Act of 1774 changed that, allowing cases involving British soldiers to be moved elsewhere. For many colonists, this felt like a loophole. If trials weren’t held locally, would justice actually be served? This grievance wasn’t just about one law. It was about a bigger fear: that those in power could avoid consequences, leaving colonists without real protection under the law. This is Part 15 of our 27-part series breaking down every grievance that led to the American Revolution, building toward Independence Day.
What happens when a government controls who you can trade with? In Grievance 16 of the Declaration of Independence, Grace Richter, PhD candidate in history at George Washington University, explains how Britain tightened control over colonial trade through laws like the Navigation Acts. For years, colonists had traded relatively freely, even with countries outside the British Empire. But as tensions grew, Britain began strictly enforcing these laws and restricting trade. The shutdown of the Boston port in 1774 made things even worse, cutting off a major hub of economic activity. For many colonists, this wasn’t just about money. Trade was their livelihood, and controlling it meant controlling their freedom. What once felt like loose oversight turned into something much more serious: direct control over colonial economies and daily life. This is Part 16 of our 27-part series breaking down every grievance that led to the American Revolution, building toward Independence Day.
Everyone knows the phrase “no taxation without representation.” But what did it actually mean? In Grievance 17 of the Declaration of Independence, Zachary Deibel, Assistant Professor at Virginia Military Institute, explains why representation, not just taxes, was the real issue. British officials argued that colonists were “virtually represented” in Parliament, meaning lawmakers acted in the best interest of the entire empire. But for Americans, that wasn’t enough. They were used to having a direct voice through their own colonial legislatures. Colonists didn’t reject all taxes. What they rejected was being taxed by a government where they had no real representation or consent. As thinkers like John Locke argued, legitimate government depends on the consent of the governed. Without that, political power loses its authority.
Primary sources, videos, essays, lessons, and more about what led to the Declaration of Independence
What were the grievances laid out in the Declaration of Independence? Help students define each grievance through modern song lyrics in our interactive quiz leading up to Constitution Day. This Constitution Day, BRI is highlighting the years between the signing of the Declaration of Independence in 1776 and the Constitution in 1787.