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Meanwhile the complaints of governor Shute against the house of representatives were heard in England. Every question was decided against the house. In most of them, the existing charter was deemed sufficiently explicit; but, on two points, it was thought advisable to have explanatory articles. These were, the right of the governor to negative the appointment of the speaker, and the right of the house on the subject of adjournment. An explanatory charter therefore passed the seals, affirming the power claimed by the governor to negative a speaker, and denying to the house of representatives the right of adjourning itself for a longer time than two days. This charter was submitted to the general court, to be accepted or refused; but it was accompanied with the intimation that, in the event of its being refused, the whole controversy between the governor and house of representatives would be laid before Parliament. The conduct of the representatives had been so generally condemned in England, as to excite fears that an act to vacate the charter, would be the consequence of a parliamentary inquiry. The temper of the house too had undergone a change. The violence and irritation which marked its proceedings in the contest with governor Shute had subsided; and a majority determined to accept the New charter. JOHN MARSHALL, A History of the Colonies Planted by the English on the Continent of North America. 217-222.

THWAITES (1891)

For many years the New England charters were in imminent danger of annulment, the purpose apparently being to place the colonies under a vice-regal government. Those of Connecticut and Rhode Island were the liberal documents granted to them early in their career; electing their own governors, they were practically independent of the mother-country, and the general movement against the charters had these two especially in view. From 1701 to 1749, the charters were seriously menaced at various times; but on each occasion the astute diplomacy of the colonial agents in England succeeded in warding off the threatened attack. Worthy of especial mention in this connection are Sir Henry Ashurst, the representative of Connecticut, and Jeremiah Dummer, his successor. In 1715, at a time

when it was proposed to annex Rhode Island and Connecticut to the unchartered royal province of New Hampshire, Dummer issued his now famous Defence of the American charters, in which he forcibly argued, (1) That the colonies" have a good and undoubted right to their respective charters," in as much as they had been irrevocably granted by the sovereign "as premiums for services to be performed." (2) That these governments "have by no misbehaviour forfeited their charters," and were in no danger of becoming formidable to the motherland. (3) That to repeal the charters would endanger colonial prosperity, and "whatever injures the trade of the plantations must in proportion affect Great Britain, the source and centre of their commerce." (4) That the charters should be proceeded against in lower courts of justice, not in parliament. Dummer's presentment of the case was regarded by friends of the colonies as unanswerable, and was largely instrumental in causing an ultimate abandonment of the ministerial attack on the New England charters.

R. G. THWAITES, The Colonies. 266-267.

CHAPTER XII

THE STAMP ACT CONTROVERSY

SUGGESTIONS

WITH the passage of the Stamp Act in March, 1765, the colonists arose in open defiance against royal oppression. The Stamp Act Congress was called together in New York, and on October 7th, 1765, the document known as the Declaration of Rights and Grievances was drawn up and considered by the members. It sets forth the grievances of the colonists, it petitions the king for redress, and it finally asserts that "taxation cannot be constitutionally imposed on them but by their respective legislatures." This Declaration is important because it is the first utterance of the body of American citizens as a whole. Heretofore no concerted action had taken place; the colonists were, for the first time, acting in a body.

In studying the period to which this document of the Stamp Act Congress belongs, the British established qualities of character - love of individual freedom and great loyalty to the King - stand out emphatically. Eleven years later, with the Declaration of Independence, the loyalty to the Crown is set aside for the sake of independence of action; in 1765, however, the American colonist was a brave British subject rebelling against injustice, but striving to fulfil his ideal of patriotism to country and fidelity to English law.

For Outlines and Material, see Appendix A.

DOCUMENT

Declaration of Rights and Grievances of the Colonists in America. Oct. 7th, 1765.

Cols. 27-29.

The members of this congress, sincerely devoted, Journ. First with the warmest sentiments of affection and duty Cong. Amer. to his majesty's person and government, inviolably Stamp Act attached to the present happy establishment of the Congress asprotestant succession, and with minds deeply im- sembled in pressed by a sense of the present and impending See Act of

New York.

misfortunes of the British colonies on this conti- Settlement.

nent; having considered as maturely as time would permit, the circumstances of said colonies, esteem it our indispensable duty to make the following declarations, of our humble opinions, respecting the most essential rights and liberties of the colonists, Charta, arts. and of the grievances under which they labor, by reason of several late acts of parliament.

Magna

lxi., lxii.

See Confir

1st. 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.

2d. That his majesty's liege subjects in these colonies are entitled to all the inherent rights and privileges of his natural born subjects within the kingdom of Great Britain,

3d. That it is inseparably essential to the freedom of a people, and the undoubted rights of Englishmen, matio Charta- that no taxes should be imposed on them, but with their own consent, given personally, or by their representatives.

rum.

Magna
Charta.

Habeas Cor-
pus Act.

4th. That the people of these colonies are not, and from their local circumstances, cannot be represented in the house of commons in Great Britain.

5th. 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.

6th. 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 Great Britain to grant to his majesty the property of the colonists.

7th. That trial by jury is the inherent and invaluable right of every British subject in these colonies.

8th. That the late act of parliament, entitled, an act for granting and applying certain stamp duties,

and other duties in the British colonies and plantations in America, &c., 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, See Declarahave a manifest tendency to subvert the rights and tion of Inde

liberties of the colonists.

9th. 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.

10th. That as the profits of the trade of these colonies ultimately centre 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.

pendence.

11th. That the restrictions imposed by several Navigation late acts of parliament, on the trade of these col- Acts. onies, will render them unable to purchase the manufactures of Great Britain.

12th. That the increase, prosperity, and happiness of these colonies, depend on the full and free enjoyment of their rights and liberties, and an intercourse, with Great Britain, mutually affectionate and advantageous.

been and

be a custom

subjects

difference in

13th. That it is the right of the British subjects This had in these colonies, to petition the king or either house continued to of parliament. Lastly, That it is the indispensable duty of these of British colonies to the best of sovereigns, to the mother until 1775. country, and to themselves, to endeavor, by a loyal and dutiful address to his majesty, and humble Note the application to both houses of parliament, to procure spirit towards the repeal of the act for granting and applying George III. in certain stamp duties, of all clauses of any other acts of parliament, whereby the jurisdiction of the admiralty is extended as aforesaid, and of the other late acts for the restriction of the American commerce,

1765, and in 1776.

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