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NOTE 30. The Stamp Act Congress

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Volume 3, Chapter 30, The Stamp Act Congress

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The major effort of official protest was the Stamp Act Congress, called in June by the

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Massachusetts House at the behest of James Otis and the Boston Town Meeting.

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The Congress, which met in New York City on October 7, consisted of delegates from each

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of the colonial assemblies, with the exception of those of Virginia, North Carolina and Georgia,

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whose governors prevented the assemblies from meeting, and of New Hampshire, which declined

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to attend.

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Delaware and New Jersey met the same obstruction from their governors, but their assemblymen

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defied the governor by meeting informally and selecting delegates anyway.

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All in all, twenty-seven delegates from nine colonies attended this early example of united

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inter-colonial resistance.

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The delegates to the Stamp Act Congress were as follows.

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Massachusetts, James Otis Jr., Timothy Ruggles, and Oliver Partridge, Rhode Island, Henry Ward

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and Metcalf Bowler, Connecticut, Aliphelet Dyer, William Samuel Johnson and Davand Rowland,

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New York, Robert R. Livingston, Philip Livingston, William Bayard, John Krueger and Leonard Lispenard,

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New Jersey, Robert Ogden, Joseph Gordon and Hendrick Fisher, Pennsylvania, John Dickinson,

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George Bryan and John Morton, Delaware, Thomas McKean and Cesar Rodney, Maryland, Edward Tillman,

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Thomas Ringgold and William Murdoch, South Carolina, Christopher Gadsden, Thomas Lynch

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and John Rutledge. Massachusetts could have been expected to give the leadership to the Congress,

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Otis, but its delegation consisted of trimmers and renegades to the colonial cause. Otis

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was in one of his conservative phases, having recently called for British troops to put

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down rebellion. Ruggles and Partridge's election had been craftily engineered by Governor Bernard,

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and this manipulation paid off when Ruggles was chosen as chairman of the Stamp Act Congress.

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Ruggles had secretly agreed with Bernard to try to bend the Congress to ask England for

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repeal solely on pragmatic economic grounds and to recommend in the meanwhile passive

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submission to the Stamp Act. Fortunately for colonial liberty, Ruggles was not able to

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prevent and cripple the movement for colonial resistance. The first struggle in the Congress

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was waged over a declaration of principles which occupied the delegates for 12 days.

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Over the bulk of the principles there was general agreement, the right to be taxed only

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by one's own representatives, the impracticality of any American representation in Parliament,

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the inherent right of trial by jury, and the evils and invasions of rights committed by

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the Stamp Act.

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The big struggle was waged over the definition of the scope of Parliament's authority over

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the colonies. All the delegates privately admitted that Parliament had the authority to regulate

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colonial trade. But the radical liberals, led by Christopher Gadsden and Thomas Lynch

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of South Carolina, strongly objected to any explicit admission of parliamentary authority.

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Party. Such admission might leave a loophole for implied consent to such external parliamentary

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taxation as the Sugar Act. The first draft of the Congress's declaration, composed by

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Dickinson, pledged colonial obligation to all acts of Parliament, not inconsistent with

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the rights and liberties of the colonist. But Gadson insisted throughout on taking a

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to stand on the broad and common ground of those natural and inherent rights that all

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Americans possessed, not only as Englishmen, but as men. A second Dickinson draft then

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changed rights and liberties of the colonist to the principles of freedom, in an attempt

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to appease the radicals. But here, too, the radicals saw that such phrasing would commit

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the colonists to obey all parliamentary legislation that did not violate principles that remained

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highly vague. The final wording, then, only committed the Americans to all-do subordination

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to Parliament, which of course conceded nothing to England since the word do remained undefined.

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This solution was bitterly opposed by the ultra-conservatives in the delegation, especially

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by Ruggles, Robert Ogden, Speaker of the New Jersey Assembly, William Samuel Johnson of

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Connecticut, and Robert R. Livingston of New York. Ruggles and Ogden, indeed, went to the

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length of refusing to sign any of the proceedings of the Stamp Act Congress. The next step

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for the Congress was to draw up petitions of protest to England based on its declaration.

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Gadsen and the radicals urged that no petition be sent to parliament, as this would imply

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an admission of parliamentary authority, but the others would not go that far, and Gadsen

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could be happy in knowing that the main radical point, no explicit admission of parliamentary

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authority, had been carried. The petitions were drawn up and approved in only four days.

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By late October, the Stamp Act Congress had been concluded.

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Every one of the colonial assemblies, even those that had been absent, hastened to approve

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the actions of the Congress, and Ruggles and Ogden were censured by their respective assemblies

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for not going along.

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Ogden, furthermore, was burned in effigy in almost every town in New Jersey, and was forced

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to resign his seat in the assembly.

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Only the Virginia House of Burgesses, prevented from meeting by the governor, could not meet

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to approve the Congress's resolved, but it had made its position clear months before.

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It must be noted, however, that the radicals were not able to generate a call for open

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resistance by the Congress. Rhode Island remained alone in this courageous stand, nor with Gadsden

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In the Congress's petition, a position grounded on natural human rights, rather than one confined

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to the mere rights of Britons.

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Of the colonial resolves, only the Assemblies of Pennsylvania and Massachusetts expanded

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their groundwork to include these libertarian natural rights.

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Pennsylvania referred to the natural rights of mankind, which later helped form the groundwork

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By far the most eloquent statement of the natural rights position was the Massachusetts

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Resolve of October 29. These logical and incisively libertarian resolutions were drawn up by Sam

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Adams, who had replaced Thatcher in the Massachusetts Assembly. Squarely in the tradition of John

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On Locke's Essay on Civil Government, Adams began by explicitly grounding British rights

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on the law of God in nature and on the common rights of mankind. Therefore, Adams continued,

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the people of Massachusetts are unalienably entitled to those essential rights in common

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with all men, and that no law of society can, consistent with the law of God and nature,

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divest them of those rights. Crucial to these natural and inalienable rights was the right

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of property, resolved that no man can justly take the property of another without his consent.

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And from this Adams presumed to derive the right of representation in Levine, Texas.
