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. Magna lxi., lxii. See Confir 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, and of the grievances under which they labor, by reason of several late acts of parliament. 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 Habeas Cor- 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 Independence. 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. 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 continued to be a custom subjects 13th. That it is the right of the British subjects This had in these colonies, to petition the king or either house 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 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. any other difference in 1765, and in 1776. CONTEMPORARY EXPOSITION FRANKLIN (1766) Q. Do not you think the people of America would submit to pay the stamp-duty if it was moderated? A. No, never, unless compelled by force of arms. Q. What was the temper of America towards Great Britain before the year 1763? A. The best in the world. They submitted willingly to the government of the Crown, and paid, in all their courts, obedience to the Acts of parliament. Numerous as the people are in the several old provinces, they cost you nothing in forts, citadels, garrisons or armies, to keep them in subjection. They were governed by this country at the expense only of a little pen, ink and paper. They were led by a thread. They had not only a respect, but an affection, for Great Britain, for its laws, its customs, and manners, and even a fondness for its fashions, that greatly increased the commerce. Natives of Britain were always treated with particular regard; to be an Old England-man was, of itself, a character of some respect, and gave a kind of rank among us. Q. And what is their temper now? Q. Did you ever hear the authority of parliament to make laws for America questioned till lately? A. The authority of parliament was allowed to be valid in all laws except such as should lay internal taxes. It was never disputed in laying duties to regulate commerce. Q. In what light did the people of America use to consider the parliament of Great Britain? A. They considered the parliament as the great bulwark and security of their liberties and privileges, and always spoke of it with the utmost respect and veneration. Arbitrary ministers, they thought, might possibly at times attempt to oppress them; but they relied on it, that parliament on application, would always give redress. Q. And have they not still the same respect for parliament? A. No, it is greatly lessened. Q. To what causes is that owing? A. To a concurrence of causes: the restraints lately laid on their trade, by which the bringing of foreign gold and silver into the colonies was prevented; the prohibition of making paper money among themselves; and then demanding a new and heavy tax by stamps; taking away, at the same time, trials by juries, and refusing to receive and hear their humble petitions. Q. What is your opinion of a future tax imposed on the same principle with that of the stamp-act; how would the Americans receive it? A. Just as they do this. They would not pay it. Q. Have not you heard of the resolution of this House, and of the House of Lords, asserting the right of parliament relating to America, including a power to tax the people there? A. Yes, I have heard of such resolutions. Q. What will be the opinion of the Americans on those resolutions? A. They will think them unconstitutional and unjust. Their opinion is, that when aids to the Crown are wanted, they are to be asked of the several assemblies according to the old established usage, who will, as they always have done, grant them freely. . . . The granting aids to the Crown is the only means they have of recommending themselves to their Sovereign, and they think it extremely hard and unjust, that a body of men, in which they have no representatives should make a merit to itself of giving and granting what is not its own, but theirs, and deprive them of a right they esteem of the utmost value and importance, as it is the security of all their other rights. Pamphlet: Political, Miscellaneous, and Philosophical Pieces. 1766. JAMES OTIS (1766) If it was thought hard that charter privileges should be taken away by act of Parliament, is it not much harder to be in part, or in whole disfranchised of rights, that have been always |