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Clouds of Revolution
The end of the French
and Indian War had firmly established Britain as the
dominant power in New England and the colonies. Likewise, the English
throne had ended the days of salutary neglect and now saw in the
colonies a chance to generate additional revenue. Between 1760
and 1776, the British Parliament, with the backing of King George
III, began passing a series of controversial measures that simultaneously
stretched both the mother country's authority in the New World
and the patience of its colonists. In the first instance, England
began to allow customs officials to issue the writs of assistance,
rather than specific warrants. These writs allowed for widespread
search and seizures by royal appointees. However, the writs were
only valid from the time of issue until six months after the death
of the reigning monarch. Thus, when King George II died in 1760,
it set the groundwork for a crisis the following year. All officials
had to apply for new writs and colonist James Otis, a fellow lawyer,
challenged the constitutional validity of the writs.
John Adams and virtually every member of the Boston bar packed
a courtroom in 1761 to watch Otis argue in front of the Superior
Court. Adams and others understood the imposition on their natural
rights. As he later wrote, the Revolution was not a wild usurpation
of power by the colonists but the even attempts to appeal to English
precedent and the "old rights" already guaranteed them. If the
King and the Parliament were to abandon the rights of an Englishman,
then the American colonists would step forward to reassert them.
The attempts to squeeze revenue from the colonies began
in 1764, when the American Act became the first to directly raise
monies from the colonies. The following year, the colonies reacted angrily
to the passing of the Stamp Act, which required everyone to purchase
special paper for newspapers and legal documents. The internal
tax faced significant opposition, and helped build organizations
like the Sons of Liberty. John Adams' cousin, Samuel Adams helped
found the Boston chapter of the Sons of Liberty. Coupled with the
earlier Sugar Act, which placed tight restrictions on trade and
organized jury-less trials for smugglers, the Stamp Act made clear
a sea change in the approach of the Crown to the colonies. Adams
and other colonists were more concerned by the blatantly unconstitutional
Stamp Act–since English law required that no freeman be allowed
to be taxed without his, or his proxy's, consent. Moreover, since
violators of the act would be tried in Admiralty Courts, where a
single judge presided with no jury, it was an alarming infringement
upon fair trials in the colonies.
Bostonians arose in anger. When word came that Andrew
Oliver, the provincial secretary, had been appointed stamp distributor,
a mob burned him in effigy and burned his warehouse. The loyalist lieutenant
governor, Thomas Hutchinson, became worried by the actions. Across
the country, similar riots occurred and stamp distributors and
stamp collectors were forced to renounce their offices under threat
of death. However, businessmen across the region had to proceed
with the stamps for fear of losing their business, and England
responded to the unrest by closing many courts as commerce slowed
to a standstill. Adams wrote a piece called "Braintree Instructions"
declaring the new law unconstitutional.
The year 1764 was momentous for Adams for other reasons
as well. He was elected to serve as surveyor of highways in Braintree, his
first child, Nabby (named for Abigail Adams's nickname), was born,
and his longest political essay yet, "A Dissertation on the Canon
and Feudal Law," had been published in Boston. Professionally,
Adams was excelling too. Samuel Fitch and his friend Jeremiah Gridley
had approached Adams to ask for his help in founding a law club
for the debate and celebration of law.
The "Dissertation" helped lay down some of Adams's feelings
at the time, and explained some of the themes that Adams's liked
as his law career grew and Revolution neared: Adams believed strongly
in natural rights, that is, those rights that are inalienable or unchangeable.
The "Dissertation," later criticized for being juvenile and naive,
did express how Adams felt at the moment and is helpful in understanding
his participation in the upcoming Revolution.
On December 19, Adams was appointed to a committee of three–himself,
Gridley and Otis–to appear before Governor Bernard and asked that
the courts be reopened without stamped papers. The governor vaguely
answered the committee but promised nothing. Bowing to public pressure,
the Inferior Court reopened in January without using stamps–but
the Superior Court accomplished almost nothing until the Stamp
Act was repealed. Adams noted in December, "the year 1765 has been
the most remarkable year of my life."
Adams continued his letter writing campaign in 1766, signing
his letters to the editor, "Clarendon," after a loyalist from the
Revolution of 1640. Parliament finally repealed the dreaded Stamp
Act in the spring, but at the same time reasserted its right to
pass laws governing the colonies–a move that would lead to the
Declaration Acts. Without any colonial representation in Parliament,
the body misinterpreted the colonists' objections to the Stamp
Act and began to pass more external taxes, like customs duties.
In 1767, Parliament passed the Townshend Acts, named after
the Chancellor of the Exchequer Charles Townshend. The duties would
establish a fund to pay colonial governors. This move, too, was
met with strong resistance because one of the few powers the colonial
governments could wield was to set the salary of the Crown-appointed
governor. The next battle lines had been drawn. |
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