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No. 60. Declaratory Act

March 18, 1766

THE first legislative protest against the Stamp Act came from Virginia.
May 30, 1765, the House of Burgesses adopted four resolutions, submitted by
Patrick Henry, declaring that "The General Assembly of this colony, together
with his Majesty or his substitutes, have, in their representative capacity, the
only exclusive right and power to lay taxes and imposts upon the inhabitants
of this colony; and that every attempt to vest such power in any other person
or persons whatever than the General Assembly aforesaid, is illegal, uncon-
stitutional, and unjust, and have [has] a manifest tendency to destroy British
as well as American liberty." On the 8th of June, Massachusetts issued the
call for the Stamp Act congress. The Rockingham ministry, which succeeded
that of Grenville in July, was favorable to America; and Conway, the minister
in charge of colonial affairs, was opposed to the policy of taxing the colonies
without their consent. By November 1, the date on which the Stamp Act
was to go into effect, the resolutions of assemblies and public meetings, and
the intimidation and violence of the "Sons of Liberty" and others, had made
the execution of the act impossible, even if stamps could have been had. A
circular letter from Conway to the governors, dated October 24, urging them
to do their utmost to maintain law and order, and authorizing them to call
upon the military and naval commanders for assistance, if necessary, was
unavailing. At the opening of Parliament, December 17, papers relating to
affairs in America were submitted. Numerous petitions were also presented
setting forth the losses which the Stamp Act had inflicted upon British trade. A
resolution declaratory of the right of Parliament to tax the colonies, submitted
February 3, was adopted by large majorities. On the 6th the Lords, by a vote
of 59 to 54, resolved in favor of executing the Stamp Act; but a similar propo-
sition in the Commons was rejected by a vote of more than two to one. On
the 12th the King announced himself favorable to modification of the act;
while the examination of Franklin before the House of Commons further
strengthened the argument for repeal. The repeal bill and the declaratory
bill passed the Commons March 4, and on the 7th the declaratory bill passed
the Lords. The proposition to repeal the Stamp Act, however, encountered
strong opposition in the Lords, where 33 members entered a protest against
it at the second reading, and 28 at the third; but on the 17th the bill passed,
and the next day both acts received the royal assent.

REFERENCES. -- The in Pickering Statutes at Large, XXVII., 19, 20. The
act is cited as 6 Geo. III., c. 12. The act of repeal is 6 Geo. III., c. 11. For
the debates, see the Parliamentary, History, XVI., and the Annual Register
( 1766). Franklin's examination is in his Works ( Sparks ed.), IV., 161-198.

An act for the better securing the dependency of his Majesty's domin-
ions in American upon the crown and parliament of
Great Britain.

WHEREAS several of the houses of representatives in his Maj-
esty's colonies and plantations in
America, have of late, against law,

-316-

Questia, a part of Gale, Cengage Learning. www.questia.com

Publication Information: Book Title: Select Charters and Other Documents Illustrative of American History, 1606-1775. Contributors: William MacDonald - editor. Publisher: Macmillan. Place of Publication: New York. Publication Year: 1899. Page Number: 316.
    
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