Bell Ringer How did Britain and the colonies differ in their view of the French and Indian war victory? What is mercantilism? What does mercantilism lead too?

Imperial Authority, Colonial Opposition, 1760-1766 Focus Question How did colonial resistance to the Stamp Act differ from earlier opposition to British imperial measures?

Writ of Assistance, 1760-1761

Writ of Assistance British wish to end American merchants’ trade with the French, smuggling, and begin employing a search warrant called a writ of assistance Enabled to seize illegally imported goods. Was a general search warrant that permitted customs officials to enter any ships or buildings where smuggled goods might be hidden. The document required no evidence of probably cause for suspicion, many critics considered it unconstitutional. It threatened the traditional respect accorded the privacy of a family’s place of residence, since most merchants conducted business from their homes.

Writ of Assistance Con’t Opposition- Boston merchants challenge constitutionality of the writs. Lawyer James Otis hired to bring case. He argues “an act against the Constitution is void” even if the act was passed by Parliament. Otis argument would be echoed again, after independence, and becomes a bedrock principal to a written constitution.

James Otis

The Sugar Act, 1764 Designed to generate revenue to pay for British troops. Ended the longstanding tradition that colonial goods were exempt from revenue generating taxes The Act is full of tedious paperwork that results in shipments being confiscated

Sugar Act Continued Sugar Act violates traditional English common law: Customs officials allowed to change the venue from jury trials, to the admiralty courts, where only the judge heard the case Law said all cases to be heard in Nova Scotia, despite where the accused had committed alleged offense Defendants required to prove innocence, rather than innocent until proven guilty

Stamp Act Crisis, 1765-1766 Requirements Obliged colonists to purchase and use special stamped (watermarked) paper for newspapers, customs documents, various licenses, college diplomas, and legal forms used for recovering debts, buying land, and making wills. Violators would face prosecution in vice-admiralty courts, without juries.

Stamp Act Brittain’s View: People in England had been paying a similar tax since 1695 Colonist had never been subject to revenue bills but their own legislatures had been passing similar taxes all along. Colonist were British citizens being represented in Parliament via virtual representation Just because colonist had their own assemblies didn’t mean they were exempt from taxes

Stamp Act Colonist View: Believed that their legislative assemblies had sole legislative powers Felt they were being forced into confrontation Accepted the theory of “virtual” representation for people in England, but said it did not extend to the colonies. Assumed the empire was a loose federation with the local legislature being granted autonomy rather than an outpost being governed directly by a national legislature from London

Resistance Patrick Henry-writes seven resolution in opposition, four adopted Loyal Nine-based out of Boston Andrew Oliver hangs in effigy Thomas Hutchinson’s home burned

Violent Reactions to the Stamp Act Sons of Liberty, led by Samuel Adams, organized protests. 1765: burned an effigy of the new stamp distributor. Went to his house and pulled the wood from it, and burned it to the ground.

Patrick Henry “he did not doubt but some good American would stand up in favor of his country.”

Stamp Act Congress Created for the sole purpose of opposing the Stamp Act. Issued a Declaration of Rights and Grievances Colonists entitled to rights as Englishmen Taxation without representation violated rights Colonists were not represented in Parliament, and therefore could not be taxed

British Repeal the Stamp Act Parliament finally repealed the Stamp Act However, they did pass the Declaratory Act, stating that England had the right to pass whatever laws it saw fit.

Ideology, Resistance, Religion Stamp Act reveals a chasm between England and colonies Colonies turn to history, politics, religion and philosophy to critically examine their relationship with England.

John Locke Locke wrote, “Two Treatises of Government.” He believed in natural rights of life, liberty, and property, and in a social contract. His belief in natural rights justify opposition to arbitrary parliamentary legislation. Became the basis of the American Revolution.