Magna Charta: Made in the Ninth Year of K. Henry the Third, and Confirmed by K. Edward the First, in the Twenty-Eighth Year of His Reign, 1680

Edward Coke (1552–1634), translator and annotator

London : Printed by the assignees of Richard and Edward Atkins, Esquires, for Thomas Simmons

In 1215, King John of England appeased nobles with Magna Carta, a document defining limits on royal power; it was confirmed by his son Henry III. The seventeenth-century jurist Edward Coke popularized an understanding that Magna Carta affirmed the ancient law that no English subject could be denied certain rights without due process of law. Coke’s annotated Magna Carta was reprinted often and circulated widely, influencing advocates for the rights of colonists.

On loan from Wolf Law Library, William & Mary Law School

A Declaration of the People’s Natural Right to a Share in the Legislature, Which Is the Fundamental Principle of the British Constitution of State, 1774

Granville Sharp (1735–1813)

Philadelphia: Reprinted, and sold by Benjamin Towne

Although an Englishman, Sharp set out one of the most cogent explanations of the principle that British government requires that the people be represented by elected officeholders. Sharp extended his defense of the “natural rights that are essential for their own preservation” to people held in slavery, and was a prominent abolitionist. This pamphlet originated in London but was popular in the colonies (it had six editions in three cities).

Courtesy, American Antiquarian Society

An Act for Granting and Applying Certain Stamp Duties, and Other Duties, in the British Colonies and Plantations in America, towards Further Defraying the Expences of Defending, Protecting, and Securing the Same; and for Amending Such Parts of the Several Acts of Parliament Relating to the Trade and Revenues of the Said Colonies and Plantations, as Direct the Manner of Determining and Recovering the Penalties and Forfeitures Therein Mentioned, 1765

London: Printed by Mark Baskett, Printer to the King's most excellent majesty

The Lapidus copy of the Stamp Act appears as one entry among the compiled laws passed by Parliament in the fifth year of the reign of George III. As the title explains, the Parliamentary justification for the Stamp Act was to secure revenues for equipping the army posted on the frontiers of the colonies to ward off attacks from the French in the Louisiana territory and their Native American allies.

The Rights of the British Colonies Asserted and Proved, 1764

James Otis (1725–1783)

London: reprinted, for J. Almon

Even before the Stamp Act passed, parliamentarians considered the idea of taxing the colonies. Bostonian lawyer James Otis lodged his pre-emptive protest in this pamphlet (first printed in Boston and re-printed in London), which argues that taxation of unrepresented colonists is a violation of the natural rights of the colonists. Otis was one of many colonial writers who offered to Parliament their objections even before the Stamp Act was proposed.

Considerations on the Propriety of Imposing Taxes in the British Colonies, for the Purpose of Raising a Revenue, by Act of Parliament, 1765

Daniel Dulany (1722–1797)

Annapolis: Printed by Jonas Green

Proponents of the Stamp Act argued that the colonists were “virtually represented” in Parliament, because its members were elected to serve the whole of the British empire, regardless of who voted for them. Maryland lawyer Daniel Dulany objected, noting that no English subjects are taxed by a vote of those who live elsewhere, as seen in the last paragraph of page 7 in this exhibit. Still, in the face of violent protests, he urged compliance with the law until its repeal.

The Objections to the Taxation of Our American Colonies, by the Legislature of Great Britain, Briefly Consider'd, 1765

Soame Jenyns (1704–1787)

London: Printed for J. Wilkie

Dulany’s pamphlet was a response to several works, including this pamphlet by Soame Jenyns, a Member of Parliament who asserted the authority of Parliament to impose taxes on anyone. In a dismissive tone, he rejected Otis’s claims and advocated for the Stamp Act as a necessary assertion of that right not merely for its practical purposes, but to establish the precedent that Parliament had the right to tax the colonies.

Considerations on Behalf of the Colonists in a Letter to a Noble Lord, 1765

James Otis (1725–1783)

London: J. Almon

James Otis was quick to respond to Soames Jenyns, whose pamphlet appears in this case. Otis, a Boston lawyer, published a pamphlet in London. Realizing his earlier argument (seen in this case as well) against Parliamentary taxation of the colonies had failed, he took a new approach and argued for Parliamentary restraint in dealing with the colonists, in the interests of prudence during a tempestuous era and to secure the loyalty of colonists seeking reassurance that their rights would be respected.

Authentic Account of the Proceedings of the Congress held at New York in MDCCLXV, on the Subject of the American Stamp Act, 1767

London: Printed for J. Almon

As soon as the Stamp Act was announced, representatives from nine colonies made plans to gather in New York in October 1765, to organize protest and resistance. This irregular gathering debated and finally issued an address to the king (a portion of which can be seen in this case), stating the principles which they understood to control Parliamentary authority. The Stamp Act Congress was among the first organized instances of political action that developed outside of the royal governors’ control.

The Examination of Doctor Benjamin Franklin, Before an August Assembly, Relating to the Repeal of the Stamp-Act, &c., 1766

Philadelphia : Printed by Hall and Sellers

Violent revolts prevented the Stamp Act from being enforced, and in early 1766 Parliament—whose leadership had changed—began hearings about its repeal. Among the witnesses was Benjamin Franklin, then in London serving as an agent, or lobbyist, for several colonies. In his testimony, Franklin downplayed the constitutional dispute and observed that the colonists would support taxes fairly imposed. The act was repealed within a few weeks.

State of His Majesty's Privy Council with Respect to the Repeal of the Stamp Act, 1766

Manuscript

In the eighteenth century, British government included a committee of the leading members of Parliament called the Privy Council. Their decisions usually controlled legislation. As prime minister, Charles Watson-Wentworth, 2nd Marquess of Rockingham, had aides keeping track of which privy councillors favored or opposed repeal. This document is one such memorandum. It shows that a majority of members in the House of Lords are against the repeal which eventually occurred, indicating that it dates from early in the debates. Among those in opposition was John Montagu, 4th Earl of Sandwich, who invented the food that shares his name.

A Thanksgiving Sermon on the Total Repeal of the Stamp-Act, 1766

Nathaniel Appleton (1693–1784)

Boston: Printed by Edes and Gill

Relief and exultation about the repeal of the Stamp Act were widespread in the colonies. An example is found in this sermon by Congregation minister Nathaniel Appleton of Cambridge, Massachusetts. Appleton celebrates not only the return of domestic peace but the assertion of the colonists’ rights.