A Day in American History: Founding a Nation and Fighting to Keep it A series of volumes, written by Ron Graham, about… …the founding of a new nation …the fight to keep a nation …the expansion of a nation …the fight to not break apart a nation …TBD Volume I - The „Morning Gun‟ and a Stamp of Disapproval: 1750-1766 Volume II - Blood and Tea and a Tough Act to Follow: 1766-1774 -1- Volume I The „Morning Gun‟ and a Stamp of Disapproval: 1750-1766 On Sunday morning, February 4, 1750*, the Reverend Jonathan Mayhew (1720-1766), pastor of the West Church, Boston, delivered a very thought provoking sermon about unlimited submission and non-resistance to the higher powers.1 The source of text for his sermon came from Romans 13:1-8, which can be summarized in part as; all are subject unto the ruling authorities or higher powers and the ruling authorities are ordained by God. Mayhew used January 30th, the anniversary of the execution of King Charles I (1600–1649), as the occasion for his sermon. Many historians have referred to Mayhew‟s sermon as “The Morning Gun of the Revolution.” *All years in this volume refer to the Gregorian style calendar system. See „Facts for Fun‟ in the pages that follow for more information on the Julian and Gregorian style calendars. More than one hundred years prior to Mayhew‟s „higher powers‟ sermon, the administration of King Charles I had been full of tyranny and oppression as a result of the king ignoring the constitution and the laws of the kingdom. Charles placed himself in contradiction to the coronation oath he had taken during his crowning ceremony, which required him to exercise only the powers granted to him by the constitution. A personal oath of allegiance was taken by the king‟s subjects requiring them to obey the king while he exercised his constitutional powers. The king was bound by his 1 Memoir of the Life and Writings of Reverend Jonathan Mayhew, D. D. Pastor of the West Church and Society in Boston, from June, 1747, to July, 1766. Bradford, Alden. C. C. Little & Company, 1838, pp. 103, 104 and 109. -2- oath not to deny the people their legal rights and the people were bound by their oath to render obedience to the king. If the king broke his oath, then his subject‟s were no longer bound by theirs. In order to defend their natural and legal rights from the abuses made by their king, the subjects of King Charles I resisted him and ultimately forced him to lose both his crown and the head which it sat upon. Mayhew published a discourse of his February 4th sermon in which he emphasized that all people were, by God‟s command, subject to the ruling authority. He strongly advocated that it was the people‟s moral duty to overthrow any government whose commands run counter to the revealed will of God when he declared “it is generally allowed that the people may get redress by resistance, if other methods prove ineffectual.”(1) He went on to say that if the directions of civil rulers are inconsistent with the word and commands of God then disobedience “is lawful and glorious; particularly if people refuse to comply with any legal establishment of religion, because it is a gross perversion and corruption of a pure and divine religion, brought from God to man by the Son of God himself, the only head of the Christian church.”(1) Tyranny sometimes starts out small and seemingly insignificant, then, like a cancer growing and spreading throughout the body, it can eventually consume an entire country. “Thus it is, also, as to ecclesiastical tyranny - the most cruel, intolerant and impious of any. From small beginnings, it exalts itself above all which is called God, and that is worshipped.”(1) In the preface to his discourse, Mayhew wrote that “Obedience to the civil magistrate is a Christian duty”2 and if rulers “rob and ruin the public instead of being guardians of its peace and welfare, they immediately cease to be the ordinance and ministers of God and no more deserve that glorious character than common pirates and highwaymen.”3 2 Methodist review, Volume 43. Methodist book concern, 1861, pp. 690-691. 3 King and People in Provincial Massachusetts. Bushman, Richard L. UNC Press, 1992, p. 262. -3- For Your Information: The colonies of New Hampshire, Massachusetts, New York, New Jersey, Virginia, North Carolina, South Carolina and Georgia were Royal Colonies and were ruled directly by Great Britain. However, the colonists in the Royal Colonies elected their own Assembly or Lower House. The colony of Rhode Island and Providence Plantations (hereafter referred to as Rhode Island) and the colony of Connecticut were Charter Colonies. The colonies of Delaware, Maryland and Pennsylvania were Proprietary Colonies. The ruling authority, that Mayhew was alluding to in his sermon and subsequent discourse, was George II (1683-1760); Great Britain‟s king from 1727 to 1760. The king was responsible for appointing the governors and the Council or Upper House for each of the Royal Colonies in America. The religious denomination of the governor appointees was Episcopalian. Governors in the colonies of Massachusetts Bay (hereafter referred to as Massachusetts), New Hampshire, New York and New Jersey favored Episcopal clergy because they were very restrictive and would, whenever possible, not allow the Congregationalist clergy, such as Mayhew, to be ministers of the Gospel. The Episcopal clergy wanted to increase the membership of the English Episcopal Church and to interfere with the other clergy, a plan that was supported by the English hierarchy. Extending Episcopal Church membership would secure obedience to political measures and plans that the governors may have had.(1) In the Church of England the priests answered to bishops and the bishops answered to the king and Parliament, which consisted of two representative bodies; the House of Commons and the House of Lords. In the Congregational Church there was no answering to the government; a true separation of church and state existed as long as the church was free from control by the state. -4- Government was not to misuse its power and interfere with the preaching of God's Word. The purpose of „separation of church and state‟ was to keep the government out of the church; not to keep the church‟s moral values or religious symbols, out of government. Mayhew‟s sermon created an apprehension that bishops, priests and certain requirements of the church would be imposed upon the Congregationalists by Parliament. The American Revolution began when the Morning Gun was fired! Parliament continued to interfere with the free market system that the American colonists were enjoying and prospering from. They passed the Iron Act in 1750, which limited the growth of the iron industry in the American colonies in order to protect the iron industry in England and they passed the Currency Act in 1751, which banned the issuing of paper money by the New England colonies. Facts for Fun: The last day that Great Britain and its colonists used the Julian calendar was September 2, 1752.4 By the 1700‟s the Julian calendar was eleven days behind that of the Gregorian calendar. Great Britain switched to the Gregorian style calendar when Parliament decreed that September 3rd would become September 14th. Provisions were made so that nobody lost or gained interest on debts when the switch occurred but some people still went into panic wanting their “eleven days back”. In addition, the legal start of a new year changed from March 25th to January 1st. Thus, American History has no September 3-13, 1752. 4 Astronomy Without Mathematics 7th edition. Grimthorpe, Baron Edmund Beckett. Society for Promoting Christian Knowledge, 1883, pp. 161-162. -5- In October of 1753, Virginia Governor Robert Dinwiddie (1693-1770) sent twenty-one year old Major George Washington (1732-1799) on an eight-man expedition to the Ohio region to deliver a letter to the French commandant requesting that the French withdraw from the region. When Washington returned in January of 1754, he reported to Dinwiddie that the French had refused to withdraw. By February, Captain William Trent and a detachment of Virginia soldiers, acting on behalf of the Ohio Company, began building a fort at the junction of the Monongahela and Allegheny rivers, a strategic location in the heart of the Ohio region. In April, the French seized control of the fort during its construction and named it Fort Duquesne. Washington was commissioned Lieutenant Colonel in April and was sent, as second in command, to protect the fort he assumed the Ohio Company was building. As Washington and the men under his command marched towards the fort they came upon Ensign Joseph Coulon de Jumonville (1718-1754) and the French soldiers with him in their encampment near the Great Meadows in western Virginia; about eleven miles southeast of present day Uniontown, Pennsylvania, on May 28, 1754.5 Jumonville and several of his men were killed as a result of a surprise attack by Washington. Most of the surviving French soldiers were taken prisoner. The skirmish between Washington and Jumonville marked the beginning of the French and Indian War. Fearing an attack by a retaliatory French force for the defeat of Jumonville, Washington fortified his position by building a simple and crude fort he called Fort Necessity. The circular fort, located at the Great Meadows, was completed by early June. Washington spent the rest of June establishing a road that began at the fort and continued towards the Ohio River. He received reports that a large force of French soldiers and Indians were headed to the Great Meadows, 5 The United States: A History of Three Centuries, 1607-1904; Population, Politics, War, Industry, Civilization – Vol. 2 Colonial Union 1698-1774. Chancellor, William Estabrook and Hewes, Fletcher Willis. G. P. Putnam's sons, 1905, p. 255. -6- which forced him and his men to stop construction on the road and return to their fort. They arrived on July 1st, and reinforced the fort on July 2nd. Captain Louis Coulon de Villiers (1710-1757), the brother of Ensign Jumonville, laid siege to the fort with nearly seven hundred French soldiers and Indians on July 3, 1754.6 Washington was forced to surrender with the honors of war, making it the first and only time he ever surrendered. The Lords of Trade sent a circular letter, in September of 1753, to the colonial governors of the American colonies requesting that a congress should meet in Albany for the purposes of making an agreement or treaty with the Six Nations (a confederation of six tribes of Iroquois Indians) and to discuss establishing a common defense against the French. In an effort to facilitate establishing that defense, Benjamin Franklin (1706-1790), founder and owner of the Pennsylvania Gazette newspaper, published in his May 9, 1754 issue, an illustration in the likeness of a snake cut into eight parts.7 The head of the snake represented New England and the seven other parts stood for New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina and South Carolina. The caption “Join, or Die.” was placed beneath the snake. The illustration, with its caption, is considered to be the first political cartoon published in an American newspaper. Between June 19th and July 11th, 1754, representatives from New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, 6 The United States: A History of Three Centuries, 1607-1904; Population, Politics, War, Industry, Civilization – Vol. 2 Colonial Union 1698-1774. Chancellor, William Estabrook and Hewes, Fletcher Willis. G. P. Putnam's sons, 1905, p. 256. 7 Cartoons Magazine, Volume 7, Part 2. Editor: Henry Havens Windsor. H.H. Windsor 1915, p. 573. -7- Pennsylvania and Maryland gathered together and formed the Albany Congress. 8 On July 9th, the congress agreed upon a plan of union and Benjamin Franklin, one of the Pennsylvania representatives, wrote the draft for that plan. On July 10th, the Albany Plan of Union was adopted by the congress and on July 11th, the congress adjourned. The plan requested that “one general government may be formed in America” and was transmitted to the several colonies but did not receive approval from any of them. Georgia and Delaware were not included in the plan as part of the union. Acting without recommendation, the Lords of Trade laid the plan before King George II and it was totally rejected. The Albany Plan of Union was the first attempt at uniting the American colonies.(7) Early in 1755, Major General Edward Braddock (1695-1755) was sent to America as commander-in-chief of the British forces there. One of the first missions he planned and set into motion was an attempt to capture Fort Duquesne, which had become a major French stronghold. In June of 1755, Braddock and nearly 1,400 British soldiers, wearing their bright red coats, set out from Virginia and began their march to Fort Duquesne. George Washington, who had been assigned as an aide to Braddock, warned the general that marching in rows and columns made the British easy targets. Braddock ignored Washington‟s advice. On July 9, 1755, Braddock and his men were ambushed, before reaching Fort Duquesne, by Indian warriors and French soldiers. As Washington had warned Braddock, the British soldiers were easy targets for the French and Indians as they came out from hiding behind rocks and trees during their attack. Braddock and nearly 1,000 soldiers were killed in what became a bitter defeat for the British. Washington led the survivors back to Virginia. It would not be until early 1756, that war was officially declared between the French and British in America. During the years 1756 and 1757, military activity between French and British 8 Select Charters and Other Documents Illustrative of American History, 1606-1775. MacDonald, William. The Macmillan Company, 1910, pp. 253-254. -8- soldiers was mostly inconclusive. In 1758, the British started to break the French stronghold in America and in 1759, they captured Quebec. Detroit fell to the British in mid 1760, and by September, Montreal was under British control. The French were then defeated in America. The war between Great Britain and France continued in Europe for more than two years after the French defeat at Montreal. In June of 1761, France tried to negotiate for peace with Britain but failed. Negotiations resumed in late 1762 and were concluded in Paris on February 10, 1763, with the signing of the Treaty of Paris.9 King George II died on October 25, 1760, and news of his death reached Boston in late December. By parliamentary requirement, all current writs of assistance expired six months after the death of a reigning monarch, thereby requiring new writs to be issued on April 25, 1761. Writs of assistance were general warrants that gave custom house officers the authority, without limitation, to search any house, ship or warehouse for suspected smuggled goods. James Otis (1725-1783) was appointed to the Massachusetts Office of Advocate General in February of 1761. One of the responsibilities of that office was to provide support for any petitions from the custom house officers in upholding the writs of assistance. Several custom house officers came to Otis requesting he defend them in a pending case that involved a group of Boston merchants petitioning against the legality of the writs. The merchants wanted their case heard before any new writs were issued. Otis resigned his office rather than defend those who supported writs of assistance. When several of the petitioning merchants learned of Otis‟ resignation they asked him to represent them in their case. 9 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 109. -9- On February 24, 1761, Otis argued the case for the merchants in the Superior Court of Boston for nearly five hours while a young John Adams (1735-1826) sat in the audience and took notes.10 A portion of Otis‟ speech emphasized that man had an inherent and inalienable right to his life, liberty and property, as revealed to man by God. Otis reasoned that men collectively form a government for the mutual defense and security of that right, which was also a fundamental law of the British constitution; a constitution that declared all men to be free and equal. The speech by Otis marked the beginning of American resistance to Great Britain. Years later Adams spoke of that speech saying “Otis was a flame of fire! ... American independence was then and there born.”(9) Note: The Fourth Amendment to the United States Constitution eliminated Writs of Assistance. For Your Information: George William Frederick (1738-1820) became King George III following the death of his grandfather, King George II, on October 25, 1760. One of the first things the new king did that most American colonists overwhelmingly did not agree with was issue the Royal Proclamation of 1763. The proclamation, also referred to as the Proclamation Line of 1763, became effective on October 7, 176311 and created a boundary between the lands newly acquired from France and the existing American colonies. The line closed off expansion by the colonists into the western frontier and made them feel they were simultaneously being penned in along the Atlantic coast and excessively controlled by Great Britain. 10 Unreasonable Searches and Seizures: Rights and Liberties Under the Law. Otis H. Stephens, Richard A. Glenn. ABC-CLIO, 2006, p. 306. Additional reference: James Otis the Pre Revolutionist, Ridpath, John Clark, Kessinger Publishing, 2004, p. 23. 11 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 113. - 10 - The Seven Years' War was very expensive for Great Britain and providing protection for their interests in America after the war would also be expensive. The British ministry reasoned that since the colonists benefited the most from the removal of the French, the colonists should pay for their own protection going forward. Early in 1763, Charles Townshend (1725-1767) became First Lord of Trade for the colonies in America and began implementing a new system of colonial government. A system where the king would no longer send requisitions to the colonial assemblies for supplying the military, instead, the colonies would be taxed by acts of Parliament in order to provide funding for military expenses. Colonial governors and judges were to be paid by the Crown, which would leave them beholding to the Crown and not to the colonists. Townshend‟s new system also included taxing the colonists by imposing upon them a stamp act. George Grenville (1712–1770) was very receptive to the idea of collecting revenue from a stamp act when he became prime minister in April of 1763. Public and legal documents, newspapers and pamphlets were to have a stamp or British seal on them as a result of the act. He gave the colonial agents the opportunity to communicate with their respective governments in America, so the agents could propose alternative methods of raising revenue, should the colonists consider a stamp act unacceptable. In March of 1764, Grenville presented to the House of Commons a series of Declaratory Resolves, which became the basis for the Stamp Act. On April 5, 1764, Parliament passed the Sugar Act, which became effective on September 29, 1764.12 The act placed duties on certain colonial imports and exports. The American colonists knew that duties would definitely be collected from the enforcement of the Sugar Act and that the revenue collection would be a perfect example of taxation without representation. 12 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 118. - 11 - The Molasses Act, which had gone into effect on December 25, 1733, placed an import duty on molasses, sugar and products made from sugar imported to America from non-British colonies.13 The act was meant to help the King‟s sugar colonies in America be more competitive with nonBritish colonies and was not a used as a primary source of revenue. Collection of the duty was largely ignored. As part of the Sugar Act the Molasses Act was made perpetual and the duty on sugar and molasses, reduced by one-half, would definitely be collected. For Your Information: Methods used by Great Britain to tax American colonists were problematic long before the American Revolution. One of the earliest examples in America of rebellion against ‘taxation without representation’ came from the colony of Virginia in the spring of 1624. Just before Virginia became a royal province, the General Assembly put on record its claim to control taxation with the following enactment: “That the Governor shall lay no taxes or ympositions upon the colony, its lands or goods, other way than by the authority of the General 14 Assembly, to be levied and ymployed as the said Assembly shall appoint.” The colonists learned of Grenville‟s resolves and realized that Parliament was one step closer to taxing them without their consent. At the annual Boston town meeting held on May 24, 1764, Samuel Adams (1722-1803) wrote the instructions for the four Boston representatives that were being sent to the next session of the Massachusetts General Court.15 The instructions, in the form of a series of resolutions, were adopted at the town meeting and became the first public and formal action taken against the proposed Stamp Act. 13 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 104. 14 American History and Government. West, Willis Mason. Allyn and Bacon, 1913, p. 38. 15 The Rise of the Republic of the United States. Frothingham, Richard. Little, Brown, 1872. pp. 167-168. - 12 - The Boston representatives were instructed to maintain the rights given to the inhabitants by the province charter and the rights that were granted to all subjects of Great Britain; maintain the relative standing of a free assembly; and have the colony agent in London express a view of the proposed taxation scheme as something that violates the charter right to govern and tax, and goes against the privileges held in common by native born British subjects. The representatives were also instructed to convey to the General Assembly that the Sugar Act was to be repealed. The instructions closing statement, which speaks of a united colonial effort, is as follows: “As his majesty's other Northern American colonies are embarked with us in this most important bottom, we further desire you to use your endeavors, that their weight may be added to that of this province; that, by the united applications of all who are aggrieved, all may happily obtain redress.” Adams believed that if “the colonies form one political body, of which each is a member” their eventual union would be their ultimate salvation.(14) The Massachusetts House of Representatives began their first session of 1764 on May 30th, with James Otis as one of the Boston representatives in attendance. Before the session began and in his pursuance of the instructions he was given at the Boston town meeting, Otis wrote a memorial he referred to as “The rights of the colonies in general, and of the Province of Massachusetts Bay in particular, briefly stated, with remarks on the Sugar Act.” This memorial was read in the House on the 8th of June and again on the 12th and was approved by the House, without consulting Council, on the 13th.16 The House was in agreement with the requests of the Boston representatives and drafted a letter to the colony agent in London expressing some of their concerns, offering some comments and detailing the agent‟s instructions.17 The letter was read in the House on the 13th of June and 16 The Rise of the Republic of the United States. Frothingham, Richard. Little, Brown, 1872. p. 169. 17 Journals of the House of Representatives of Massachusetts, Volume 41. Massachusetts, General Court, House of Representatives. Massachusetts Historical Society, 1971, pp. viii and 72-77. - 13 - approved on the same day. Instructions in the letter requested the agent work towards the repeal of the Sugar Act and to take actions necessary to prevent the passage of the Stamp Act. A summary of several of the concerns and comments found in the letter of instructions, which was also written in the journals of the Massachusetts House of Representatives,(16) is as follows: Silence from the province concerning the Sugar Act should not have been taken as an acknowledgment of the right of Parliament to impose duties and taxes upon those who are not represented in the House of Commons. The unconstitutional scheme of committing the Colonies to maintain an army should have been opposed. The Northern Colonies, during the late war, exerted themselves in full proportion to that of Great Britain and now have a large debt that will take years to pay off. The acquisition of Canada added to the commerce of Great Britain but not to the Northern Colonies. Is it “possible that the Duties to be imposed, and the Taxes to be levied, shall be assessed without the Voice or Consent of one American in Parliament?” In addition to maintaining our own civil Government, the Northern Colonies must pay towards the support of the National, Civil and Military Government in Great-Britain. “Every Charter Privilege may be taken from the Colonies by a Tack to a Money Bill, which it seems by the Rules on your Side of the Water, must not at any Rate be petitioned against.” Grenville allowed provinces a chance to offer different revenue solutions to the Stamp Act. That offer amounted to “if the Colonies will not Tax themselves as they may be directed, the Parliament will Tax them.” Ireland is a conquered country and the Northern Colonies are not but no duties have been levied on Ireland except those by their own parliament. “People may be free and tolerably happy but without the Privilege of assessing their own Taxes, they can be neither.” - 14 - Along with the letter of instructions the agent was to receive a copy of the “State of the Rights of the British Colonies” and be informed that the „brief state‟ had been written by one of the House members.(16) The House member was probably James Otis and the „brief state‟ was probably his memorial referred to in the preceding paragraphs. After the instructions for the agent were approved, the House then “Ordered that Mr. Otis, Mr. Thacher, Mr. Cushing, Captain Sheafe, and Mr. Gray be a committee, in the recess of the court, to write to the other governments, to acquaint them with the Instructions this day voted to be sent to the agent of the province, directing him to use his endeavors to obtain a repeal of the Sugar Act, and to exert himself to prevent a stamp act, or any other impositions and taxes upon this and the other American provinces; and that the said committee, in the name and behalf of this House, desire the several assemblies on this continent to join with them in the same measures.”(16) As requested, the committee wrote a circular letter and sent it to the governments of the other colonies, asking for a united action. The Massachusetts House of Representatives, on November 3, 1764, approved a petition to the House of Commons requesting that they not pass a stamp act.18 Six weeks later, on December 18th, the Virginia House of Burgesses approved a petition to the House of Commons making the same request.19 Petitions from the colonial assemblies fell on deaf ears when presented to the House of Commons since the house had a rule that forbid reception of any petitions against bills concerning revenue. Grenville brought the recommendation of a stamp bill to Parliament in February, 1765, while the colonial agents, all of whom were against it, had no alternative recommendations. Parliament 18 Bradford, Alden - Speeches of the Governors of Massachusetts from 1765 to 1775, Russell and Gardner, proprietors of the work, 1818. 19 Journals of the House of Burgesses of Virginia, 1761-1765. Edited by John Pendleton Kennedy. The Colonial press, E. Waddey Company, 1914, p. 303. - 15 - drafted and debated various aspects of the Stamp Act before finally approving it. The Stamp Act received royal assent on March 22, 1765.20 An ever increasing number of troops were needed in the American colonies after the French and Indian war in order to protect the expanding British interests. Parliament renewed the Mutiny Act in 1765, as it had done annually since 1689, which authorized the dispatch of troops to the colonies as deemed necessary. Parliament passed the Quartering Act to provide accommodations for all of the troops in America. The act, which went into effect on March 24, 1765, was viewed by the colonists as another way Great Britain was laying taxes on the American people.21 Note: The Third Amendment to the United States Constitution eliminated the quartering of soldiers. The Virginia House of Burgesses began a new session on May 1, 1765, and no protest to the Stamp Act was offered during the first several weeks of meetings. A young Patrick Henry (17361799), elected as a first time Burgess, could see that no other Burgesses were willing to speak out against Parliament‟s newest tax and decided to make his own protest. On May 29th, he introduced to the House seven resolutions against the Stamp Act and began his speech in support of them. When Henry made his protest it was near the end of the session and the House, with a total membership of 116 Burgesses, had only 39 members present. During the heated debate of the fifth resolution, the Speaker of the House shouted “treason” and other members of the house echoed the same. Patrick Henry responded with “If this be treason, make the most of it.”22 20 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 122. 21 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 131. 22 The Struggle for American Independence, Volume 1. Fisher, Sydney George. J.B. Lippincott Company, 1908, pp. 78-84. - 16 - The first five of Patrick Henry‟s seven resolutions were passed by the Virginia House of Burgesses on May 30, 1765.23 The resolutions passed by small majorities, as evidenced by the 20 to 19 vote for the fifth resolution, which was the strongest and most offensive of the five. Peyton Randolph (1721-1775), who later became the first president of the First Continental Congress and the first president of the Second Continental Congress, was one the Burgesses who did not support the resolutions. Note: Thomas Jefferson (1743-1826), a student at the time, listened during both the debates on the resolutions and the casting of votes. Patrick Henry left for home after all five resolutions had passed. During the meeting of the next day, the fifth resolution was expunged from the records of the preceding day. The four remaining resolutions became known as the “Virginia Resolves of the Stamp Act” and became the first legislative protest against the Stamp Act. Virginia Resolves of the Stamp Act 1. Resolved, That the first adventurers and settlers of this, his majesty's colony and dominion of Virginia, brought with them and transmitted to their posterity, and all other his majesty's subjects, since inhabiting in this, his majesty's said colony, all the privileges, franchises and immunities that have at any time been held, enjoyed, and possessed by the people of Great Britain. 2. Resolved, That by two royal charters, granted by king James the First, the colonies aforesaid are declared entitled to all privileges, liberties, and immunities of denizens and natural-born subjects, to all intents and purposes, as if they had been abiding and born within the realm of England. 23 Select Charters and Other Documents Illustrative of American History, 1606-1775. MacDonald, William. The Macmillan Company, 1899, p. 316. - 17 - 3. Resolved, That the taxation of the people by themselves or by persons chosen by themselves to represent them, who can only know what taxes the people are able to bear, and the easiest mode of raising them, and are equally affected by such taxes themselves, is the distinguishing characteristic of British freedom, and without which the ancient constitution cannot subsist. 4. Resolved, That the Majesty's liege people of this most ancient colony have uninterruptedly enjoyed the right of being thus governed by their own assembly in the article of their taxes and internal police, and that the same hath never been forfeited, or any other way given up, but hath been constantly recognized by the king and people of Britain. The fifth, sixth and seventh resolutions, which were ultimately not approved and were not part of the “Virginia Resolves of the Stamp Act”, are as follows: 5. Resolved, therefore, That the general assembly of this colony have the only and sole exclusive right and power to lay taxes and impositions upon the inhabitants of this colony; and that every attempt to vest such power in any person or persons whatsoever other than the general assembly aforesaid, has a manifest tendency to destroy British as well as American freedom. 6. Resolved, That his majesty's liege people, the inhabitants of the colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws or ordinances of the general assembly aforesaid. - 18 - 7. Resolved, That any person who shall, by speaking or writing, assert or maintain that any person or persons, other than the general assembly of this colony, have any right or power to impose or lay any taxation on the people here, shall be deemed an enemy to his majesty's colony.24 Interesting Trivia: During the summer of 1765, an association called the Sons of Liberty, which Samuel Adams helped start, held meetings under a large elm tree that stood in a small elm grove in Hanover Square, at the corner of Orange (now Washington) and Essex (now Boylston/Essex) streets in Boston. That large elm tree later became known as the Liberty Tree and the Sons of Liberty held many meetings under it. On the morning of August 14, 1765, the Boston Sons of Liberty suspended two effigies from a tree in Hanover Square, known as the Liberty Tree, as a protest to the Stamp Act. 25 One effigy was that of Andrew Oliver, secretary of the colony, who had recently been appointed Massachusetts‟ Stamp Distributor. The other effigy was a boot representing Lord Bute (aka John Stuart – former First Lord of the Treasury) with the head and horns of the devil peeking out over the top of the boot. That evening the effigies were cut down and a large crowd began a procession with the effigies, shouting things such as “Liberty and property forever!”, “No stamps!” and “No taxation without our consent.”(23) The crowd became an unruly mob as it moved through the streets of Boston and eventually came across a small building soon to be used 24 Lectures on the Growth and Development of the United States: Illustrated, Volume 2. Editors:Wiley, Edwin and Rines, Irving Everett. American Educational Alliance, 1916, p. 225. 25 The Pictorial Field-Book of the Revolution, Volume 1 of 2. Lossing, Benson John. Harper & Brothers, 1860, pp. 466-467. - 19 - by the colonists for purchasing stamps from. They pulled the building down and took large pieces of it to Fort Hill to build a bonfire with. The mob then proceeded to Secretary Oliver‟s home, beheaded the effigy of Oliver and then broke out all of the windows on the front of his house. They then took the headless effigy back to Fort Hill and threw it into the bonfire. Next, they went back to Oliver‟s home, broke down his door, declared their intention to kill him and proceeded to destroy his furniture, fences and garden. Fortunately, Oliver had escaped out the rear of his home. The next morning he resigned his office and several months later was compelled to publicly read aloud his resignation.(23) Soon after the mob incident of August 14th, Reverend Mayhew delivered a fiery sermon on Sunday, August 25, 1765, that clearly stated his opposition to the Stamp Act.26 For his text he used Galatians 5:12-13 and reminded his congregation of the importance of Christians keeping their religious liberties and guarding their civil rights. He specifically spoke out against acts of outrage, violence and riots. On Monday evening, the day after Mayhew‟s sermon, a mob gathered at the mansion of Lieutenant Governor Thomas Hutchinson (1711-1780) for the purpose of damaging his property. Hutchinson and his family escaped just in time to save their lives as the mob destroyed most of the interior of their house and its contents. Mayhew was blamed for the incitement of that riot by some of those who disliked him because of the sermon he had delivered the day before. Mayhew knew that Hutchinson had heard about his most recent sermon, so in his own defense, he wrote him a sympathetic and apologetic letter explaining the peaceful purposes of the message from his sermon and acknowledged that he knew Hutchinson was against the Stamp Act. Colonial opposition to the Stamp Act continued to increase during the months following the riot at Hutchinson‟s house in August, 1765. 26 Memoir of the Life and Writings of Reverend Jonathan Mayhew, D. D. Pastor of the West Church and Society in Boston, from June, 1747, to July, 1766. Bradford, Alden. C. C. Little & Company, 1838, p. 420. - 20 - In June of 1765, the Massachusetts House of Representatives proposed that a congress should convene for the purpose of considering Parliament‟s current plan of levying taxes on the colonies. The House, by way of a circular letter, proposed to the other colonies to meet in New York in October. The circular letter was presented to the Pennsylvania Assembly at Philadelphia on September 10th, and the Assembly resolved to send representatives to the October congress. A committee was appointed by the Assembly to come up with instructions for their representatives and on September 21, 1765, the committee presented to the Assembly their “Resolves of the Pennsylvania Assembly on the Stamp Act”.27 Resolves of the Pennsylvania Assembly on the Stamp Act The House taking into Consideration, that an Act of Parliament has lately passed in England, for imposing certain Stamp Duties, and other Duties, on his Majesty‟s Subjects in America, whereby they conceive some of their most essential and valuable Rights, as British Subjects, to be deeply affected, think it a Duty they owe to themselves, and their Posterity, to come to the following Resolutions, viz. Resolved, N. C. D. 1. That the Assemblies of this Province have, from Time to Time, whenever Requisitions have been made by his Majesty, for carrying on military Operations, for the Defence of America, most chearfully and liberally contributed their full Proportion of Men and Money for those Services. 27 Publications of the University of Pennsylvania Series in History No. 1 The revolutionary Movement in Pennsylvania, 17601776. Lincoln, Charles Henry. Ginn & Company, Selling Agents, Tremont Place, Boston, Massachusetts, 1901. p. 131. - 21 - Resolved, N. C. D. 2. That whenever his Majesty‟s Service shall, for the future, require the Aids of the Inhabitants of this Province, and they shall be called upon for that Purpose in a constitutional Way, it will be their indispensable Duty most chearfully and liberally to grant to his Majesty their Proportion of Men and Money for the Defence, Security, and other public Services of the British American Colonies. Resolved, N. C. D. 3. That the inhabitants of this Province are entitled to all the Liberties, Rights and Privileges of his Majesty‟s Subjects in Great-Britain, or elsewhere, and that the Constitution of Government in this Province is founded on the natural Rights of Mankind, and the noble Principles of English Liberty, and therefore is, or ought to be, perfectly free. Resolved, N. C. D. 4. That it is the inherent Birth-right, and indubitable Privilege, of every British Subject, to be taxed only by his own Consent, or that of his legal Representatives, in Conjunction with his Majesty, or his Substitutes. Resolved, N. C. D. 5. That the only legal Representatives of the Inhabitants of this Province are the Persons they annually elect to serve as Members of Assembly. Resolved, therefore, N. C. D. 6. That the Taxation of the People of this Province by any other Persons whatsoever than such their Representatives in Assembly, is unconstitutional, and subversive of their most valuable Rights. Resolved, N. C. D. 7. That the laying Taxes upon the Inhabitants of this Province in any other Manner, being manifestly subversive of public Liberty, must, of necessary Consequence, be utterly destructive of public Happiness. - 22 - Resolved, N. C. D. 8. That the vesting and Authority in the Courts of Admiralty to decide in Suits relating to the Stamp Duty, and other Matters, foreign to their proper Jurisdiction, is highly dangerous to the Liberties of his Majesty‟s American Subjects, contrary to Magna Charta, the great Charter and Fountain of English Liberty, and destructive of one of their most darling and acknowledged Rights, that of Trials by Juries. Resolved, N. C. D. 9. That it is the Opinion of this House, that the Restraints imposed by several late Acts of Parliament on the Trade of this Province, at a Time when the People labour under an enormous Load of Debt, must of Necessity be attended with the most fatal Consequences, not only to this Province, but to the Trade of our Mother Country. Resolved, N. C. D. 10. That this House think it their Duty thus firmly to assert, with Modesty and Decency, their inherent Rights, that their Posterity may learn and know, that it was not with their Consent and Acquiescence, that any Taxes should be levied on them by any Persons but their own Representatives; and are desirous that these their Resolves should remain on their Minutes, as a Testimony of the Zeal and ardent Desire of the present House of Assembly to preserve their inestimable Rights, which, as Englishmen, they have possessed ever since this Province was settled, and to transmit them to their latest Posterity. 28 Resolves 1 and 2 stated the willingness of the Assembly to contribute to the support of the colony, as requested by “his Majesty”, and showed no animosity towards Great Britain. Resolves 3 through 10 had a bit of a “sting” to them and along with Resolves 1 and 2 were agreed to Nemine Contra Dicente (N.C.D.). When translated from the Latin, Nemine Contra Dicente means no one speaks against. 28 The Avalon Project – Documents in Law, History and Diplomacy at the Lillian Goldman Law Library, Yale Law School. - 23 - The Assembly declared that the constitution of government of the province of Pennsylvania was founded on the natural “Rights of Mankind” and therefore was perfectly free. The birth right of every British subject was to be taxed only by his own consent or by his annually elected representative serving as a Member of Assembly. Taxation without representation was unconstitutional and that using the Courts of Admiralty to settle suits relating to the Stamp Act would be destructive to an acknowledged right of trial by jury. Admiralty courts, also known as maritime courts, were presided over by judges appointed by the Crown and the cases could be tried anywhere within the British Empire. The judges‟ salaries, in part, were based on the fines they levied. The accused was considered guilty until proven innocent. There were no juries in the Admiralty courts. In opposition to the Stamp Act and in defiance to the British Parliament, twenty-eight delegates met to convene the Stamp Act Congress in New York City Hall on October 7, 1765.29 The colonies of Massachusetts, Rhode Island, New York, Connecticut, New Jersey, Delaware, Pennsylvania, Maryland and South Carolina were represented by committees of their Assemblies. New Hampshire, Virginia, North Carolina and Georgia sent no delegates. The colonies of New York, New Jersey and Delaware, with Assemblies that took no formal action in response to the circular letter of the Massachusetts House, were represented by men who had been informally designated as delegates.(26) The Stamp Act Congress is considered the first Congress of the American Colonies. 29 The American Revolution, 1763-1783: a history of the American people: an interpretation. Aptheker, Herbert. International Publishers Company, 1960, pp. 62-63. - 24 - The “Resolutions of the Stamp Act Congress” were agreed upon and released to the public on October 19, 1765.30 Timothy Ruggles (1711–1795) of Massachusetts, who was chairman of the congress, did not assent to the resolutions and was later censured for his refusal by the Massachusetts House of Representatives. Resolutions of the Stamp Act Congress 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 indispensable 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. 1. That His Majesty's subjects in these colonies, owe the same allegiance to the Crown of GreatBritain, that is owing from his subjects born within the realm, and all due subordination to that august body the Parliament of Great Britain. 30 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 136. - 25 - 2. That His Majesty's liege subjects in these colonies are entitled to all the inherent rights and liberties of his natural born subjects within the kingdom of Great-Britain. 3. 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. 4. That the people of these colonies are not, and from their local circumstances cannot be, represented in the House of Commons in Great-Britain. 5. 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. 6. 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. 7. That trial by jury is the inherent and invaluable right of every British subject in these colonies. 8. 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, etc., 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. - 26 - 9. 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. 10. 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. 11. 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. 12. 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. 13. That it is the right of the British subjects in these colonies, to petition the King, Or either House of Parliament. 14. Lastly, That it is the indispensable duty of these colonies, to the best of sovereigns, to the mother country, and to themselves, to endeavour by a loyal and dutiful address to his Majesty, and humble applications to both Houses of Parliament, to procure the repeal of the Act for granting and applying certain stamp duties, of all clauses of any other Acts of Parliament, - 27 - whereby the jurisdiction of the Admiralty is extended as aforesaid, and of the other late Acts for the restriction of American commerce. 31 In the resolutions presented by the Stamp Act Congress the representatives confirmed their allegiance to the Crown and declared their entitlement to the same rights as those born within the kingdom of Great Britain. It was unreasonable for the people of Britain to grant to His Majesty the property of the American colonists since that was inconsistent with the principles of the British Constitution. Taxes could be imposed upon them only by their consent or by their elected representatives since they were not, and due to the great distance between them and Britain, could not be properly represented in the House of Commons. Extending the jurisdiction of the Courts of Admiralty subverted their rights and liberties and would not preserve the inherent right to a trial by jury. On October 29, 1765, the Massachusetts House of Representatives unanimously passed fourteen resolves, which had been drafted by Representative Samuel Adams, as an expression of their rights as inhabitants of the province of Massachusetts.32 Resolves of the Massachusetts House of Representatives Whereas the just rights of his Majesty's subjects of this Province, derived to them from the British Constitution, as well as the royal charter, have been lately drawn into question: in order to ascertain the same, this House do unanimously come into the following resolves: 31 The Avalon Project – Documents in Law, History and Diplomacy at the Lillian Goldman Law Library, Yale Law School. 32 The Writings of Samuel Adams, Collected and Edited by Harry Alonzo Cushing, Volume 1. G.P. Putnam's Sons, 1904, p. 23. - 28 - 1. Resolved, That there are certain essential rights of the British Constitution of government, which are founded in the law of God and nature, and are the common rights of mankind; therefore, 2. Resolved, That the inhabitants of this Province are unalienably entitled to those essential rights in common with all men: and that no law of society can, consistent with the law of God and nature, divest them of those rights. 3. Resolved, That no man can justly take the property of another without his consent; and that upon this original principle, the right of representation in the same body which exercises the power of making laws for levying taxes, which is one of the main pillars of the British Constitution, is evidently founded. 4. Resolved, That this inherent right, together with all other essential rights, liberties, privileges, and immunities of the people of Great Britain, have been fully confirmed to them by Magna Charta, and by former and by later acts of Parliament. 5. Resolved, That his Majesty's subjects in America are, in reason and common sense, entitled to the same extent of liberty with his Majesty's subjects in Britain. 6. Resolved, That by the declaration of the royal charter of this Province, the inhabitants are entitled to all the rights, liberties, and immunities of free and natural subjects of Great Britain to all intents, purposes, and constructions whatever. - 29 - 7. Resolved, That the inhabitants of this Province appear to be entitled to all the rights aforementioned by an act of Parliament, 13th of Geo. II. 8. Resolved, That those rights do belong to the inhabitants of this Province upon the principle of common justice; their ancestors having settled this country at their sole expense, and their posterity having approved themselves most loyal and faithful subjects of Great Britain. 9. Resolved, That every individual in the Colonies is as advantageous to Great Britain as if he were in Great Britain and held to pay his full proportion of taxes there; and as the inhabitants of this Province pay their full proportion of taxes for the support of his Majesty's government here, it is unreasonable for them to be called upon to pay any part of the charges of the government there. 10. Resolved, That the inhabitants of this Province are not, and never have been, represented in the Parliament of Great Britain; and that such a representation there as the subjects in Britain do actually and rightfully enjoy is impracticable for the subjects in America; and further, that in the opinion of this House, the several subordinate powers of legislation in America were constituted upon the apprehensions of this impracticability. 11. Resolved, That the only method whereby the constitutional rights of the subjects of this Province can be secure, consistent with a subordination to the supreme power of Great Britain, is by the continued exercise of such powers of government as are granted in the royal charter, and a firm adherence to the privileges of the same. 12. Resolved, as a just conclusion from some of the foregoing resolves, That all acts made by any power whatever, other than the General Assembly of this Province, imposing taxes on the - 30 - inhabitants, are infringements of our inherent and unalienable rights as men and British subjects, and render void the most valuable declarations of our charter. 13. Resolved, That the extension of the powers of the Court of Admiralty within this Province is a most violent infraction of the right of trials by juries, a right which this House, upon the principles of their British ancestors, hold most dear and sacred; it being the only security of the lives, liberties, and properties of his Majesty's subjects here. 14. Resolved, That this House owe the strictest allegiance to his most sacred Majesty King George the Third; that they have the greatest veneration for the Parliament; and that they will, after the example of all their predecessors from the settlement of this country, exert themselves to their utmost in supporting his Majesty's authority in the Province, in promoting the true happiness of his subjects, and in enlarging the extent of his dominion. Ordered, That all the foregoing resolves be kept in the records of this House, that a just sense of liberty and the firm sentiments of loyalty be transmitted to posterity.(32) In the resolves presented by the Massachusetts House the representatives reminded the British government that the British Constitution provided certain unalienable rights that no law of society could take away and that the inhabitants of Massachusetts were entitled to those same rights. The representatives declared that all individuals had the right to representation in the body that exercised the power of levying taxes on them and that British subjects in America were entitled to the same rights, liberties and immunities as were the British subjects in Britain. The resolves set forth that since the colonists paid their share of taxes to support the various governments within the colonies they should not be required to pay additional taxes to support the government in - 31 - Great Britain. The House representatives stated in their resolves that the inhabitants of Massachusetts were not represented in Parliament, never had been, and never would be due to the great distance between America and Great Britain; extending the powers of the Court of Admiralty was an infraction of the right of trials by jury and the House still maintained the strictest allegiance to his most sacred Majesty King George the Third. It was the Virginia House of Burgesses that passed the first legislative protest against the Stamp Act with their “Virginia Resolves of the Stamp Act”; it was the Massachusetts House of Representatives that first recommended a congress should convene in response to the Stamp Act; it was the Pennsylvania Assembly that prepared instructions, known as the “Resolves of the Pennsylvania Assembly on the Stamp Act”, for their congressional representatives going to the Stamp Act Congress; it was the first Congress of the American Colonies that agreed upon and released to the public the “Resolutions of the Stamp Act Congress”; and it was the “Resolves of the Massachusetts House of Representatives” that asserted what rights the inhabitants of the Province of Massachusetts had, rights that were applicable to all inhabitants of all colonies in North America. Henry Conway, the minister in charge of colonial affairs, was not in favor of taxing the American colonists without their consent, but he knew the Stamp Act would soon take effect. He could see that enforcement of the Act would be very difficult because the colonists were issuing resolves and resolutions in protest to it; they were holding public meetings to discuss various ways of avoiding it; and the Sons of Liberty were committing acts of violence in order to stop it. Conway sent a circular letter to the colonial governors on October 24, 1765, requesting they do their best to maintain law and order.33 In his letter, he gave the governors permission to call upon the military for any needed assistance. 33 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 139. - 32 - On October 31, 1765, a large gathering of New York City merchants held a meeting to discuss various ways of not complying with the Stamp Act and how to strike a blow at trade with Britain. The merchants concluded their meeting by signing the “New York Merchants Non-importation Agreement”34 The agreement became the first of its kind in the American colonies and required that all new orders for goods and merchandise placed with Great Britain were to include the stipulation that the order was void if the Stamp Act was not repealed. By November, a large number of merchants in Philadelphia signed their own nonimportation agreement.35 Merchants and traders in Boston, Salem and Marblehead signed agreements in December.(35) Following in the footsteps of New York City, merchants in Albany signed a non-importation agreement in January, 1766.(35) The Stamp Act became effective on November 1, 1765.36 The American colonists were determined not to buy stamps or use stamped paper whenever possible. Commerce between the colonies and Great Britain was an important part of daily life in America and any measure that might interrupt that commerce would be felt largely by Britain. Businesses that could not avoid using stamps as part of their day to day operations were suspended in some cases. Courts closed and vessels were delayed in the harbors. Social and commercial operations in America nearly stopped. The use of foreign luxuries in America was almost entirely stopped. When commonly 34 Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766. Morgan, Edmund Sears. UNC Press, 1959, p. 106. 35 Transactions, Volume 19. Colonial Society of Massachusetts. The Society, 1918, pp. 198-200. 36 The pictorial field-book of the revolution, Volume 1 of 2. Lossing, Benson John. Harper & Brothers, 1860, p. 469. - 33 - used items were needed; those of domestic manufacture were more often selected over imports. British manufacturers suffered financially because of the boycott of their goods by the American colonists. Trade with Britain was almost entirely suspended. Opposition to the Stamp Act continued to increase as evidenced by a large gathering of NewLondon, Connecticut citizens who organized a meeting on December 10, 1765, and agreed to a set of resolves opposing the act.37 In like manner, residents of Wilmington, North Carolina, gathered together on February 18, 1766, and signed a pledge of their “Faith and Honour” to prevent “entirely the Operation of the Stamp Act.”38 The Sons of Liberty of the colonies of New York and Connecticut formed a union, “in the presence of Almighty God”, where they pledged to protect those who would oppose the Stamp Act and to “bring about, accomplish, and perfect” a similar “association with all of the colonies on the continent.” 39 That protection would extend to judges, clerks, attorneys, those in the press and other individuals in need of help. The Sons of Liberty believed that the Stamp Act would “deprive them of the most invaluable part of the British constitution, viz. the trial by juries, and the most just mode of taxation in the world, that is, of taxing themselves, rights that every British subject becomes heir to as soon as born.”(39) A document containing the details of the union was signed on Christmas Day, 1765.(39) “Resolved, That we will go to the last Extremity, and venture our Lives and Fortunes, effectually to prevent the said Stamp-Act from ever taking Place in this City and Province.” The 37 Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766. Morgan, Edmund Sears. UNC Press, 1959, p. 114. 38 Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766. Morgan, Edmund Sears. UNC Press, 1959, p. 117. 39 The history of the rise, progress, and establishment, of the independence of the United States of America: including an account of the late war; and of the thirteen colonies, from their origin to that period; Volume 1. Gordon, William. Printed for the author, 1788, pp. 195-199. - 34 - Sons of Liberty in New York City wrote and agreed to that resolve and four additional resolves at an assembly held at the house of Mr. William Howard on January 11, 1766.40 “Resol. 1. That the late act of Parliament called the Stamp-Act, is unconstitutional, and intended to enslave the true subjects of America.” “Resol. 2. That we will oppose the same to the last extremity, even to take the field.” The Sons of Liberty in Wallingford, Connecticut wrote and agreed to those two resolves and three additional resolves at a meeting held on January 13, 1766.41 Very early in 1766, the Sons of Liberty in Boston were informed of the association between the Sons of Liberty in New York and the Sons of Liberty in Connecticut. The Sons of Liberty in Boston sent a circular letter, with details of the New York/Connecticut association, to several Massachusetts towns requesting a reply as to the opinions of the people regarding the association. Most of the towns signaled “their determination to march with their whole force to the support of the British constitution, and consequently the relief of those that shall or may be in any danger from the stamp-act or its abettors.”(39) They agreed to unite themselves with New York and Connecticut and in a letter to the brotherhood at Norwich they proposed to form a continental union, which Connecticut greatly approved. Details of the association were also sent to the Sons of Liberty in Portsmouth, New Hampshire, where, after holding a brief meeting, they answered with their approval of the steps already taken and their determination to oppose the execution of the Stamp Act. In Virginia, justices for the Northampton County courthouse adopted a resolution opposing the Stamp Act and agreed to restrain from prosecuting anyone who did legal business without using 40 Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766. Morgan, Edmund Sears. UNC Press, 1959, p. 115. 41 Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766. Morgan, Edmund Sears. UNC Press, 1959, p. 114. - 35 - the required stamps. On February 11, 1766, they declared that the Stamp Act “did not bind, effect or concern the inhabitants of this colony inasmuch as they conceived the said act to be unconstitutional.”42 That was the first time a court in the British Empire held a Parliamentary statute as unconstitutional. “2. That we will resist, as far as in us lies, all illegal attempts to deprive us of our indubitable rights; and for that reason, will, to the last extremity, oppose the exercise of the Stamp Act in the colony.” 43 The Sons of Liberty in New Brunswick, New Jersey wrote and agreed to that resolve and four additional resolves at a meeting held on February 25, 1766.(43) “II. Resolved, That we will by all lawful ways and means, which divine providence hath put into our hands, defend ourselves in the full enjoyment of, and preserve inviolate to posterity, those in estimable privileges of all free-born British subjects, of being taxed by none but representatives of their own choosing, and of being tried only by a jury of their own Peers; for, if we quietly submit to the execution of the said Stamp Act, all our claims to civil liberty will be lost, and we and our posterity become absolute slaves.”44 The Sons of Liberty in Norfolk, Virginia wrote and agreed to that resolve and six additional resolves at a meeting held at the Norfolk County Court House on March 31, 1766.(44) Documents outlining the current state of American affairs had been submitted to Parliament at their session opening in mid December, 1765; along with petitions that outlined the losses to British trade as a result of the American colonists avoiding the enforcement of the Stamp Act. 45 In February, 1766, the House of Commons rejected continuing to enforce the Stamp Act by more than a two to one majority. The House of Lords, by a small majority, resolved in favor of 42 The Relation of the Judiciary to the Constitution. Montgomery Meigs, William. Neale Publishing Company, 1919, p. 54. 43 Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766. Morgan, Edmund Sears. UNC Press, 1959, p. 115. 44 Prologue to Revolution: Sources and Documents on the Stamp Act Crisis, 1764-1766. Morgan, Edmund Sears. UNC Press, 1959, p. 116. 45 Documentary Source Book of American History, 1606-1913. MacDonald, William. The Macmillan Company, 1916, p. 140. - 36 - continuing to enforce the Stamp Act. House members had referred to a recent presentation given to them by Benjamin Franklin, which was in favor of repealing the Stamp Act, to strengthen their argument for repeal. Parliament then proposed a declaratory resolution asserting their absolute right to tax the colonies. The resolution was adopted by large majorities in both the House of Commons and the House of Lords. On March 18, 1766, the Stamp Act was repealed and the Declaratory Act became effective by receiving royal assent from King George III.(45) The repeal of the Stamp Act gave the American colonists their very first victory over Parliament! The Declaratory Act was Parliament‟s way of flexing its muscles against the colonists by declaring “That the said colonies and plantations in America have been, are, and of right ought to be, subordinate unto, and dependent upon the imperial crown and parliament of Great Britain” and Parliament “had, hath, and of right ought to have, full power and authority to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever.” Parliament declared they could tax America whenever and however they wanted.(45) The colonist‟s continued a strong opposition to the Sugar Act, which led Parliament to repeal it on June 6, 1766.46 The only portion of the Sugar Act not repealed was a tax on tea. 46 The Papers of Henry Laurens: September 1, 1765-July 31, 1768, Volume 5. Laurens, Henry. University of South Carolina Press, 1976, p. 134. - 37 - Quick Summary 1750: Reverend Jonathan Mayhew fired the Morning Gun of the Revolution. 1754: The French and Indian war began. Representatives from seven colonies gathered together, formed the Albany Congress and adopted the Albany Plan of Union. 1760: The British defeated the French in America and ended the French and Indian war. 1761: James Otis argued in court a case against writs of assistance and during his nearly five hour presentation he emphasized that man had an inherent and inalienable right to his life, liberty and property, as revealed to man by God. American independence was then and there born. 1764: The Sugar Act went into effect. Samuel Adams wrote a series of resolutions that became the first public and formal action taken against the proposed Stamp Act. The Sugar Act, known as the American Revenue Act of 1764, became effective. The Massachusetts House of Representatives and the Virginia House of Burgesses approved petitions to the House of Commons requesting that they not pass a “Stamp Act”. 1765: The first of two Quartering Acts became effective. Patrick Henry gave his historic speech against the Stamp Act. The Virginia House of Burgesses passed the first legislative protest against the Stamp Act known as the “Virginia Resolves of the Stamp Act”. The Committee on the Stamp Act and Other Grievances presented their “Resolves of the Pennsylvania Assembly on the Stamp Act”. Representatives from nine colonies assembled - 38 - in New York for the First Congress of the American Colonies known as the Stamp Act Congress. Resolutions of the Stamp Act Congress were agreed upon and released to the public. The Resolves of the Massachusetts House of Representatives were passed unanimously. The New York Merchants Non-importation Agreement was signed by New York merchants and was the first of many more non-importation agreements. The Stamp Act became effective. 1766: Throughout the colonies numerous Sons of Liberty groups wrote and agreed to several resolves against the Stamp Act. The Declaratory Act became effective and the Stamp Act was repealed. Parliament repealed the Sugar Act. - 39 - A Day in American History February 4, 1750: Reverend Jonathan Mayhew, pastor of the West Church, Boston, delivered a very thought provoking sermon about unlimited submission and non-resistance to the higher powers that many historians have referred to as “The Morning Gun of the Revolution.” September 29, 1751: The Currency Act of 1751, applicable to his Majesty's Colonies of Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut and New Hampshire, became effective. September 2, 1752: The last day that Great Britain and its colonists used the Julian calendar. Parliament switched from the Julian calendar to the Gregorian calendar by adding 11 days to September. Thursday the 3rd became the 14th. Also, new years would start on January 1st instead of March 25th. May 9, 1754: The first political cartoon in an American newspaper showed a divided snake with the caption “Join or die.” May 28, 1754: The French and Indian War, as it was called in North America, began. July 3, 1754: George Washington surrendered the small, circular Fort Necessity in southwestern Pennsylvania, to the French. June 19, 1754: The Albany Congress met from June 19 to July 11, 1754 and produced the Albany Plan. - 40 - July 9, 1755: Major General Edward Braddock and his men were ambushed, before reaching Fort Duquesne, by Indian warriors and French soldiers. September 18, 1759: The French surrendered Quebec to the British. February 24, 1761: James Otis argued the case against Writs of Assistance for nearly five hours. February 10, 1763: The Seven Years' War, known as the French and Indian War in America, ended with the signing of the Treaty of Paris. May 7, 1763: Pontiac's Rebellion began with an attempted seizure of Detroit that failed. October 7, 1763: King George III issued the Royal Proclamation of 1763. May 24, 1764: At the annual town meeting in Boston, a series of resolutions written by Samuel Adams became the first public and formal denial of Parliament's right to tax the colonies without their consent. May 30, 1764: The Massachusetts House of Representatives began their first session of 1764 on May 30, with James Otis as one of the four representatives from Boston in attendance. September 1, 1764: The Currency Act of 1764, applicable to all colonies south of New England, became effective. - 41 - September 29, 1764: The Sugar Act, known as the American Revenue Act of 1764, became effective. November 3, 1764: The Massachusetts House of Representatives petitioned the House of Commons to not pass a "Stamp Act". December 18, 1764: The Virginia House of Burgesses petitioned the House of Commons to not pass a "Stamp Act". March 22, 1765: The Stamp Act received royal assent. March 24, 1765: The first of two Quartering Acts became effective. May 29, 1765: Patrick Henry gave his historic speech against the Stamp Act, answering a cry of treason with, "If this be treason, make the most of it." May 30, 1765: The Virginia House of Burgesses passed the first legislative protest against the Stamp Act known as the "Virginia Resolves of the Stamp Act". August 14, 1765: The Sons of Liberty held a meeting under the "Liberty Tree" protesting the Stamp Act. August 25, 1765: The Reverend Jonathan Mayhew, pastor of the West Church, Boston, delivered a fiery sermon against the Stamp Act. - 42 - September 21, 1765: The Committee on the Stamp Act and Other Grievances presented to the Pennsylvania Assembly at Philadelphia their "Resolves of the Pennsylvania Assembly on the Stamp Act". October 7, 1765: Representatives from nine colonies assembled in New York for the First Congress of the American Colonies popularly known as the Stamp Act Congress. October 19, 1765: Resolutions of the Stamp Act Congress were agreed upon and released to the public. October 24, 1765: Henry Conway, Minister of Colonial Affairs, sent a circular letter to the colonial governors requesting they do their best to maintain law and order and gave them permission to call upon the military for assistance while they enforced the Stamp Act. October 29, 1765: The Massachusetts House of Representatives unanimously passed fourteen resolves which had been drafted by Representative Samuel Adams and asserted the inherent and inalienable rights given to the people by the British Constitution. October 31, 1765: At a meeting of the merchants of New York City, the New York Merchants Non-importation Agreement was subscribed by nearly two hundred principal merchants and became the first agreement of its kind in the American Colonies. November 1, 1765: The Stamp Act became effective. - 43 - December 10, 1765: At a meeting of the general populace, in New London, Connecticut, Resolves against the Stamp Act were agreed upon. December 25, 1765: The Sons of Liberty from New York and from Connecticut formed a Union in Arms. January 11, 1766: The Sons of Liberty from New York proposed and agreed to, by a great majority, several Resolves against the Stamp Act. January 13, 1766: The Sons of Liberty from Wallingford, Connecticut proposed and agreed to several Resolves against the Stamp Act. February 11, 1766: Justices of Northampton County, Virginia declared that the stamp Act "did not bind, effect or concern the inhabitants of this colony inasmuch as they conceived the said act to be unconstitutional". February 18, 1766: In Wilmington, North Carolina, residents gathered to pledge their faith and honor to prevent the Stamp Act from succeeding. February 25, 1766: The Sons of Liberty from New Brunswick, New Jersey proposed and agreed to several Resolves against the Stamp Act. March 18, 1766: The Declaratory Act became effective and the Stamp Act was repealed when they both received royal assent from King George III. - 44 - March 31, 1766: The Sons of Liberty from Norfolk, Virginia proposed and agreed to several Resolves against the Stamp Act. June 6, 1766: Parliament repealed the Sugar Act except for the tax on tea. - 45 -
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