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INTRODUCTION

This thesis contends that the moment at which the American Revolution began occurred

at the First Continental Congress in Philadelphia in 1774, when it formed America’s first

centralized government in practice. This government reflected the political and economic

interests of the colonists. This thesis challenges the traditional historical teachings of the start of

the American Revolution by claiming that the self-consciousness of being Virginians and South

Carolinians instead of British occurred earlier than traditionally taught; because of this mental

shift, the First Continental Congress met and formed the first centralized government of what

would be known as the United States. This mental shift in sovereignty was the start of the

American Revolution.

There are many points at which historians argue as the start of the American Revolution,

such as the first shots fired at Lexington and Concord in 1775 and the Declaration of

Independence in 1776. This thesis will argue that those events occurred as part of the American

Revolution, in support of the Revolution, but were not the start of it, because they occurred after

the mental shift from British to American. Additionally, this thesis will discuss earlier events

and protests that preceded the Revolution, and will show why those events and protests were not

a part of the Revolution, but rather the catalyst that led to it.

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Statement of Purpose

This thesis will argue that the point at which the American Revolution began was at the

First Continental Congress, which started on September 5, 1774. The First Continental Congress

ratified the Declaration and Resolves, which spelled out the anger of the colonists by calling the

Intolerable Acts “murderous” and spelled out ways to resist them.1 In addition, it formed the

Continental Association, which stated that all imports from the British Empire were to cease, and

set up punishments for those who disobeyed the Association’s rules.2

This thesis makes a distinction between the American Revolution and the War for

Independence, a distinction that is not apparent when one looks at children’s history books.

There is a difference, however. The American Revolution was not a physical struggle; rather it

was a shifting of colonists’ attitude toward England in general and Parliament specifically. John

Adams, in a letter to Hezekiah Niles in 1818, indicated that the American Revolution began and

occurred in “the minds and hearts of the people; a change in their religious sentiments of their

duties and obligations.”3 The statement “the hearts and minds of the people” implied that it was

the moment when the colonists ceased to be British subjects in their own minds.

To John Adams, the American Revolution occurred because “when they saw those

powers renouncing all the principles of authority, and bent upon the destruction of all the

securities of their lives, liberties, and properties, they thought it their duty to pray for the

1
Robert Middlekauff. The Glorious Cause: The American Revolution, 1763-1789 (New York: Oxford University
Press, 2005), 252.
2
“Articles of Association, October 20, 1774,” (New Haven: Yale University Avalon Project)
http://avalon.law.yale.edu/18th_century/contcon_10-20-74.asp, accessed March 16, 2010.

3
John Adams to Hezekiah Niles, Quincy, 13 February 1818, in The Works of John Adams, Second President of the
United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston:
Little, Brown and Co., 1856). 10 volumes. Vol. 10.
http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2127&chapter=193604&layout=html
&Itemid=27 (accessed January 13, 2011).

2
continental congress and all the thirteen State congresses....”4 According to Adams, the

Revolution began because the colonists believed their rights as British subjects were being

infringed upon, so the they fought for those rights.

Children’s books tell us that the American Revolution started with the first shots fired at

Lexington and Concord on April 19, 1775. For example, a book called A History of US: From

Colonies to Country, 1735-1791 stated about the battle at Lexington that, “when the smoke

cleared, eight American farmers lay dead. It was April 19, 1775. The American Revolution had

begun.”5 Others do not make the distinction between the American Revolution and the shooting

War for Independence at all, as evidenced by a children’s book called You Wouldn’t Want to be

at the Boston Tea Party: Wharf Water Tea You’d Rather Not Drink. In this book, the author

stated that, “these events will eventually lead to the American Revolution, an eight year long

struggle against the might of the British Empire.”6

These children’s books teach children that the start of the American Revolution was the

first shots fired at Lexington and Concord, because they do not make the distinction between the

American Revolution and the War for Independence; rather, the books tend to combine the two

events into one single event called the Revolutionary War. In the letter to Hezekiah Niles, John

Adams defined the word “revolution” as the “radical change in the principles, opinions,

4
Adams to Niles, 13 February 1818.
http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2127&chapter=193604&layout=html
&Itemid=27
5
Joy Hakim. A History of US: From Colonies to Country, 1735-1791 (New York: Oxford University Press, 2005),
73.
6
Peter Cook. You Wouldn’t Want to be at the Boston Tea Party: Wharf Water Tea You’d Rather Not Drink.
Illustrated by David Antram (New York: Franklin Watts, 2006), 5.

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sentiments, and affections of the people.”7 In terms of the American Revolution, this change

happened when the American colonists stopped considering themselves to be British subjects,

and started to consider themselves Virginians, South Carolinians, Vermonters, etc, even if not

thoroughly Americans yet.

Another word this thesis uses is “sovereignty.” This thesis defines this word as a supreme

authority over someone or something else; in this thesis, it is used to describe having power over

the colonies specifically. This is a vital relationship to understand. Sovereignty is power; a

revolution overthrows that power.

It is impossible to know the actual number of people who went through that

transformation early, who did not consider themselves British before the First Continental

Congress met. However, while the number of delegates who met in Philadelphia was low, the

arguments and debates that occurred both for and against the acts proposed by the First Congress

and the Continental Association reveal that a majority of the delegates to the Congress had

undergone this transformation by 1774. For the revolutionaries, many of the lingering loyalties to

the Crown were irrelevant. To them, Parliament was the sovereign; the Crown was merely a

figurehead. Unlike today’s American government, which allows the President to veto a bill that

comes across his desk, there was no veto in eighteenth century England. Parliament passed a law,

and it went into effect. When it came to dealings with England, the revolutionaries did not really

have to deal with the Crown; they only dealt with Parliament. Therefore, to the revolutionaries,

Parliament was the problem, not the Crown. Everything they did, everything they wrote, talked

about the evils of Parliament more than anything else did because, to them, Parliament was the

problem.

7
Adams to Niles, 13 February 1818.
http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2127&chapter=193604&layout=html
&Itemid=27

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It is obvious, then, that the American Revolution was something entirely different from

the shooting War for Independence, and should be treated as such.

Historical Background

In 1763, the French and Indian War between France and England ended. At the end of it,

Parliament issued the Proclamation of 1763, which stated, among other things, that Canada had

been acquired as a British colony and that settlement west of the Appalachian Mountains would

be prohibited to protect the Native Americans living in the territory. The colonists were upset at

this Proclamation for two reasons—one, the Québécois were still French, regardless of whether

Quebec was a British colony or not; and two, there was a lot of land past the Appalachians that

was now off-limits to the colonists. For the land-hungry colonists, this was a problem.

Next, in 1764, Parliament passed two acts of note. One was the Sugar Act, which

increased taxes on imported sugar and other items such as textiles, coffee, wines and indigo

(dye). The reason for the tax was mainly to recoup losses incurred by the French and Indian War.

The second was the Currency Act, which forbade the colonists from printing their own money

and forced them to use money that came on ships from England. However, British money came

straight from England on boats, which were subject to the perils of the sea. If a ship went down,

so would the entire money supply, leaving thousands of colonists with no way to pay their taxes

or buy goods, thus crippling the colonial economy.

The following year, Parliament passed the Stamp Act, which, similar to the Sugar Act

before it, sought to increase revenue. Parliament did this by requiring every piece of printed

material in the colonies to be taxed, including legal documents, newspapers, bills, and even

playing cards, among other things. It was the first tax paid directly to England instead of to local

governments, and it sparked severe outrage among colonists. Colonial response to this included

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riots led by a group of important merchants calling themselves the Sons of Liberty. So unhappy

were the colonists en masse, that they formed a Congress to formally oppose the Stamp Act. This

Congress, named the Stamp Act Congress, formed a petition requesting the repeal not only of the

Stamp Act, but of the Sugar and Currency Acts of 1764, claiming that “no taxes be imposed on

them, but with their own consent, given personally, or by their representatives,” and that “the

people of these colonies are not, and from their local circumstances cannot be, represented in the

House of Commons in Great Britain.”8 In addition, they claimed that it was against their rights

as British subjects to be taxed without the consent that they had not given. In addition to putting

forth this petition, the colonies enacted an embargo of British goods.9 While the petition was

largely ignored, the embargo was not. In 1766, King George III signed a bill that repealed the

Stamp Act. At the same time, Parliament passed a law called the Declaratory Act, which stated

that the British government had the power to legislate any law governing the colonies “in all

cases whatsoever.”10

A year after the Declaratory Act, Parliament passed the Townshend Revenue Act, which

taxed paper, paint, lead, glass, and tea imported into the colonies.11 Colonists did not produce

these items. As such, the colonists could only buy them from Great Britain. In 1768, Samuel

8
“Direct Taxation: The Stamp Act” in Colonies to Nation, 1763-1789, Jack Greene, ed. (New York: W.W. Norton
and Company, 1975), 42-43.
9
Richard Allan Gerber. Revolution and Union: The American Dilemma 1763-1877 (Mason, Ohio: Centage
Learning, 2008), 26.
10
“Repeal Without Yielding in Principle: The Declaratory Act (Mar. 18, 1766)” in Colonies to Nation, 85.
11
The Townshend Revenue Act was actually part of a group of five acts passed by Parliament in 1767. Other acts
included the Indemnity Act, which was intended to make the tea of the British East India Company more
competitive with smuggled Dutch tea and which also repealed taxes on tea imported to England, allowing it to be re-
exported more cheaply to the colonies; the New York Restraining Act suspended the power of the New York
Assembly until it complied with the Quartering Act; the Vice Admiralty Court Act, which created four district
courts, located at Halifax, Boston, Philadelphia, and Charleston, and for which purpose was to help customs officials
prosecute smugglers, since colonial juries were reluctant to convict persons for violating unpopular trade
regulations; and finally the Commissioners of Customs Act, to better collect the new taxes.

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Adams wrote a public letter, referred to as the Circular Letter, in which he argued that the

Townshend Acts were unconstitutional because there was no proper representation of the

colonists in Parliament and further, that the old way of having a colonial legislature was

preferable to being legislated by Parliament.12 Also in response to the Townshend Acts, the

people of Boston, in their Non-Importation Agreement, declared they would place an embargo

on goods coming from England. The other colonies followed suit in what would be the second

embargo of British goods by the colonists. Due to colonial protest, Parliament repealed the

Townshend Acts in 1770.

After the Townshend Acts were repealed, the colonies entered a three-year period, which

this thesis refers to as the “period of calm.” During this time, there was very little in the way of

colonial agitation; if anything, these events display how little there was in the way of anti-British

sentiment during these years. In three years, there were three events. The first—the Golden Hill

Riot—involved the Sons of Liberty, and occurred in January of 1770. This group of merchants

had printed up pamphlets and signed British soldiers’ names on them. Understandably, the

soldiers tried to tear down the pamphlets, which then started riots that lasted for four days, and

culminated in the soldiers forced back into their barracks. The second event, which is

significantly better known, was the Boston Massacre, in which a group of British soldiers and a

mob of Bostonians clashed, and in which five citizens of the city were killed. One more event

occurred during that relatively calm period between the repeal of the Townshend Acts and 1773,

and that was the Gaspée Affair in 1772. A British customs vessel called the Gaspée ran aground

in Narragansett Bay off the coast of Rhode Island. A group of colonists, led by John Brown,

12
“Massachusetts Circular Letter to the Colonial Legislatures; February 11, 1768,” in Yale University Avalon
Project.

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sailed out to the ship, forced the crew ashore, and burned the ship.13 These events were

unfortunate, but they were not as disruptive as anything that came before or after them. In fact,

during this period, officials enforced trade regulations better than ever in colonial history.

Customs duties were collected without incident, and it was conceivable that relations between

England and the colonies had settled down.14

The series of events that formed the direct catalyst of the American Revolution started

with the Tea Act of 1773. Parliament originally passed this act to help keep the East India

Company from going bankrupt, as its demise would cause irreparable economic damage to the

British Empire. The Tea Act maintained a three penny per pound import tax on tea arriving in the

colonies, which had already been in effect for six years. It also gave the near bankrupt British

East India Company a virtual tea monopoly by allowing it to sell directly to colonial agents,

bypassing any intermediaries, thus making it extremely cheap.15

While the British had hoped for American compliance with this law, it had the opposite

effect on the colonists—they were extremely angry, to the point of mob violence. In December

of 1773, a group of Bostonians, led by the same Samuel Adams that had written the Circular

Letter, dressed up as Mohawk Indians, boarded one of the tea cargo ships that had docked in

Boston Harbor, and dumped the entire cargo of tea into the harbor.

This blatant act of disobedience, generally known as the Boston Tea Party, greatly

angered Parliament and King George III. Parliament’s response to the Boston Tea Party was to

pass the Coercive Acts, known to the colonists as the Intolerable Acts. These four acts included

13
Gerber, Revolution, 34.
14
Gerber, Revolution, 32-35.
15
“A Rescue Operation: The Tea Act (May 10, 1773)” in Colonies to Nation, 196-197.

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the Boston Port Bill, which effectively shut down all commercial shipping in Boston harbor until

Massachusetts paid the taxes owed on the tea dumped in the harbor and required Boston to

reimburse the East India Company for the loss of the tea. The second act under the Coercive Acts

was the Massachusetts Government Act, which unilaterally altered the government of

Massachusetts to bring it under control of the British government and severely limited the

activities of town meetings in Massachusetts. The third act Parliament passed was the

Administration of Justice Act, which allowed the governor to move trials of accused royal

officials to another colony or even to Great Britain if he believed the official could not get a fair

trial in Massachusetts. Lastly was the Quartering Act, which applied to all of the colonies and

sought to create a more effective method of housing British troops in America. A fifth act, the

Quebec Act, although not technically part of the Coercive Acts, gave the people of Quebec

certain rights that were taken away when France ceded Canada to the English, including the right

to French civil law, the right to practice the Catholic faith, and expanded the territory of Quebec

to include most of the Ohio country, including parts of Minnesota, Indiana, Illinois, Michigan,

Wisconsin and, obviously, Ohio.

The passage of the Coercive Acts, in turn, led to the First Continental Congress, in which

fifty-six men from twelve colonies (all but Georgia) met in Philadelphia in 1774 and passed the

Declaration and Resolves. The Declaration and Resolves, taken directly from the Suffolk

Resolves out of Massachusetts, stated that Parliament had absolutely no authority to govern the

colonies at all.

During the First Continental Congress, the delegates passed both a non-importation

agreement on goods from Great Britain, Ireland, or the British West Indies and later, a non-

exportation agreement on goods being sent to Great Britain, Ireland, or the British West Indies.

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Claiming that they were looking for a remedy for what they viewed as “grievances which

threaten destruction to the lives, liberty, and property of his majesty’s subjects in North

America,” the colonists wrote that “a non-importation, non-consumption, and non-exportation

agreement, faithfully adhered to, will prove the most speedy, effectual, and peaceable

measure.”16

The Congress formed a Continental Association to enforce the agreements, calling for the

election of groups of inspectors “whose business it shall be attentively to observe the conduct of

all persons touching this association.”17 In addition, the Association indicated that those who

broke the agreements would be publically named, “that such majority do forthwith cause the

truth of the case to be published in the gazette; to the end, that all such foes of the rights of

British-America may be publically known…and thenceforth we respectively will break off all

dealings with him or her.”18 In addition, the colonists resolved to “have no trade, commerce,

dealings, or intercourse whatsoever, with any colony or province in North-America, which shall

not accede to, or which shall hereafter violate this association,”19 thus ensuring punishment of

those who went against the provisions within the agreement, even if it meant punishing whole

colonies.

According to historian Edmund Morgan, “the very meeting of the Continental Congress

appeared as a challenge to Parliament, and congressional measures, however hesitant, as outright

16
Journals of the Continental Congress, 1774-1789, ed. Worthington C. Ford et al. (Washington, D.C., 1904-37),
1:76; http://memory.loc.gov/ammem/amlaw/lwjc.html, accessed December 20, 2010.
17
Journals of the Continental Congress, 1:79.
18
Journals of the Continental Congress, 1:79.
19
Journals of the Continental Congress, 1:79.

10
treason.”20 It would not be outside the realm of possibility to imagine that those delegates,

knowing full well that what they were doing was illegal, did what they believed was required of

them as Americans.

Chapter Listing

Chapter One: Origins

The first chapter of the thesis will discuss the first stage of colonial protest. The chapter

will explain the origins of the American Revolution, giving a brief history of the series of events

starting in 1763 with the Proclamation of 1763 ending the Seven Years’ (also called the French

and Indian) War. It will also discuss the various different acts passed by Parliament that

indicated to the colonists that the period of benign neglect was over. These acts include the Sugar

Act, which increased taxes on imported sugar and other items, and the Currency Act, which

forbade the colonists from printing their own money and forced them to use money that came on

ships from England. It will also discuss the Stamp Act, which required taxes on every piece of

printed material in the colonies, such as legal documents and newspapers, and the Townshend

Revenue Acts, which taxed paper, paint, lead, glass, and tea that the colonists imported. It will

then examine British policy toward the colonies, especially concerning the passage of these acts,

as well as the increase in rhetoric that preceded colonial protest. There will be a discussion to

these acts, their consequences, and the colonists’ reactions to them to explain the history of the

early events leading up to the Revolution itself. It will discuss the Stamp Act Congress, which

then led to both the repeal of the Stamp Act and the passage of the Declaratory Act by

Parliament. In addition, this chapter will discuss the Townshend Acts passed by Parliament in

20
Edmund Morgan, The Birth of the Republic, 1763-89 (Chicago: University of Chicago Press, 1956, repr. Chicago:
University of Chicago Press, 1977, 1992), 67. Citations are to the most recent reprinted edition.

11
1767, both in terms of British policy reasons for the passage of the Acts, as well as colonial

reaction to them.

Chapter Two: Interlude

Chapter two will discuss the relatively peaceful stage between the repeal of the

Townshend Acts in 1770 to the Tea Act in 1773. This thesis calls these three years the “period of

calm;” however, it will be shown that “calm” is relative, and that underneath the relative quiet of

the time, there was still some show of resistance and revolutionary thought, including the Boston

Massacre, the Golden Hill riot, and the Gaspée Affair. I will discuss what caused these events to

occur, the consequences these incidents caused, and how they further shifted the views and

beliefs of the colonists away from reconciliation with England and toward Revolution. While

these events seem to be large and violent, they are events that generally faded out of people’s

memories. Generally, colonists did not stay angry because of these events and actually mostly

forgot about them once they were over, thus leading to the idea of “calm.” In addition, during

this period, the acts that Parliament had already passed and kept were relatively well enforced.

The Golden Hill Riot started because some agitators did not want the British soldiers putting up

handbills attacking the Sons of Liberty. The Boston Massacre was a tragic event, but not a

massacre at all. Rather, a group of colonists provoked the British into firing their weapons,

hitting less than a dozen men and only killing five—tragic, but hardly a massacre. With the

Gaspée Affair, it was a group of Rhode Islanders who attacked the Gaspée after it ran aground.

Chapter Three: Catalyst

This chapter discusses the events directly preceding the First Continental Congress,

including the Tea Act, in which the colonists could only purchase tea from the East India

Company, which resulted in the Boston Tea Party. It will also describe the Tea Party itself. The

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chapter will explain the Coercive Acts, made up of four (or five) separate acts punishing the

Bostonians. The increase in revolutionary rhetoric will show that the radicals and the

revolutionaries, while loud, were in the minority. This minority began to implement the

Revolution.

Chapter Four: Revolution

This chapter will include the author’s assertion that the American Revolution began at the

First Continental Congress, with the passage by the Congress of a few key pieces of legislation,

including the Suffolk Resolves and the Continental Association. This chapter will explain both

the Suffolk Resolves and the Continental Association in detail, as well as other options faced by

the Congress that did not pass. It will discuss the two main points of the Continental

Association—first, that it set up the consciousness of self-government; and second, that it was

very much a minority position that relied on other events, such as the shots fired at Lexington

and Concord, to keep it going. This chapter will also describe rules of the Association--what

they were allowed to do, what they were not and how people went along with this because it

could be enforced.

Chapter Five: Analysis of a Revolution

The fifth chapter will consist of an analysis of the First Continental Congress, as well as

reactions to and consequences of the Congress itself. This chapter discusses how the First

Continental Congress was the starting point to Revolution, that once the Congress met there

would be no reconciliation with England, and that the colonists, regardless of the fact that the

radicals were in the minority, would be able to unite and fight for what they believed in. This

was not just a protest movement; it had a purpose, with the specific goal of denying Parliament’s

authority and creating their own government. The revolutionaries knew exactly what they were

13
doing and what it meant. This chapter will also counter the ideas of later starting points of the

Revolution, including the shots fired at Lexington and Concord and the Declaration of

Independence. It will also discuss events prior to the First Continental Congress in 1774,

including the Stamp Act Congress and the Boston Massacre. It will argue that the Revolution

could have only started after 1773, as it was passage of the Tea Act that caused colonists to leave

the period of calm and restart the protest that led to the Revolution.

Chapter Six: End of a Revolution

The final chapter will reiterate some of the arguments made throughout, including why

the First Continental Congress was the starting point of the American Revolution and why others

points were not.

Prior Historical Contributions of the American Revolution

Since the end of the American Revolution, historians have been writing on and

interpreting the revolution and its corresponding war. Some of the experts of the American

Revolution include Edmund Morgan, Gordon Wood, and John Ferling. Most of these books talk

about the First Continental Congress itself, in addition to the events preceding it, such as the

Stamp Act, the Tea Act, and the Coercive Acts. Most of these books have the dates 1763-1789 in

the title, indicating that they talk about the whole of the Revolution instead of focusing on parts.

Very few of these authors actually focused on the First Continental Congress as anything except

an event in the grand scheme of things. These books lay out a conventional view of the

American Revolution; that is, that the American Revolution began with the shots fired at

Lexington and Concord. They start at 1763 because that is where the period of colonial

autonomy ends and imperial reform begins.

14
Edmund Morgan, who is a professor emeritus at Yale University, is a Bancroft and

Pulitzer Prize winner, and has written many books on the subject of the Revolution, spent an

entire chapter in his book The Birth of the Republic, discussing the First Continental Congress,

who attended it, what was said, and what they came up with. The purpose behind Birth of the

Republic was to show the reader “the history of the Americans’ search for principles” and

“describe some of the difficulties overcome, some of the dangers encountered, and some of the

discoveries made in the course of it,” including, of course, the First Continental Congress and the

colonists’ views.21 Morgan informed readers that “with the members [of the First Continental

Congress] already committed to so radical a position [the Suffolk Resolves], it was a foregone

conclusion that they would adopt the non-importation, non-exportation, non-consumption

agreement they had met to consider.”22 In addition, because, as Morgan claimed, “many

Americans had long since arrived at the conclusion that [Parliament] did not” have authority over

the colonies at all, “at Philadelphia in 1774 many of the delegates had followed one route or

another to a total repudiation of Parliament.”23 Morgan made this argument by stating that

Parliament had denounced the colonists’ beliefs that legislation and taxation were not different.

Since the colonists believed that Parliament had no authority to tax them because they were

unrepresented, and Parliament apparently saw no distinction between taxation and legislation,

Parliament therefore had no authority to do either. This is important because Morgan makes it

known that the delegates to the First Continental Congress had already started to make the

transition from British to American.

21
Morgan, Birth, 3.
22
Morgan, Birth, 62.
23
Morgan, Birth, 62-65.

15
However, Morgan also made sure to note that the colonists had no thoughts of

independence. Morgan wrote that the colonists believed that the King who had granted the

colony’s first charter had meant for the colonies to be independent; however, the colonists took

that to mean independent of Parliament, not the King.24 He wrote that “Americans did not aspire

to independence” and that they were “genuinely eager to keep their grip on the past.” One of the

problems with Morgan’s assertion, however, is that he argued both sides. While the colonists

may not have aspired to independence, they most certainly knew that they could not go back, and

“were actually moving, if only half consciously…away from it.” 25

John Ferling, who is a professor emeritus of history at the University of West Georgia,

wrote many books on the subject of the American Revolution and the new republic that formed

the United States. One such book, A Leap in the Dark: The Struggle to Create the American

Republic, is one of the better-written, comprehensive views of the Revolution. In A Leap in the

Dark, Ferling attempted to give the reader a political history of the American Revolution, and

tried to find “roots to that revolution entangled in the colonial past, and it sees the resolution of

what the American Revolution was to mean...”26

Ferling went into a great amount of detail about the events that occurred in the years

leading up to the American Revolution and the First Continental Congress, discussing the fact

that, as early as May 1774, “there was immediate talk of a national congress.”27 Ferling

discussed the differences between the factions within the colonies—the radicals, the moderates,

24
Morgan, Birth, 63-64.
25
Morgan, Birth, 66.
26
John Ferling, A Leap in the Dark: The Struggle to Create the American Republic, (New York: Oxford University
Press, 2003), xiv.
27
Ferling, Leap, 108.

16
and the conservatives. The radicals did not want a national congress, but preferred to “stick with

what had worked in the past, a widespread American boycott brought about through an appeal by

Massachusetts.”28 The moderates “believed that a national congress, under their direction, might

protect America’s interests while it simultaneously restrained the most dangerously zealous

activists;”29 for example, the Boston radicals, whom the moderates held responsible for the

Boston Tea Party and, as a result, the Coercive Acts. Finally, the conservatives “hoped to

prevent a national congress from convening... [because] a congress would make war

inevitable.”30

In addition, Ferling discussed how John Adams believed that Congress was divided into

“those who would support a boycott and those who feared that another embargo would mean

war,” but that it was more divided than Adams believed. Ferling mentioned that, within those

two sides, there were those who wanted to “deny that Parliament possessed any authority over

America” and that it was likely that “some within this faction…had been secretly committed to

American independence for some time.” Others, Ferling claimed, “held to the hope that a

peaceful solution was yet possible.” 31

He also explained the conflicts between some of the delegates, including the already

emerging conflicts between the North and South, stating “Congress divided immediately

between those who favored a boycott and those who were opposed...a split soon was evident

within the ranks of the proponents of a trade embargo, the first North vs. South clash in

28
Ferling, Leap, 109.
29
Ferling, Leap 110.
30
Ferling, Leap, 111.
31
Ferling, Leap, 113.

17
American history.”32 While explaining the First Continental Congress, he called it “the opening

chapter in America’s history as a nation.”33 In addition, Ferling stated about the First Continental

Congress that it “stood its ground, but it sought reconciliation.”34 However, Ferling also referred

to John Adams’s belief that “most Americans had experienced a transformation in their

sentiments about Great Britain and the empire in the decade after the Stamp Act crisis,”35

indicating that Ferling, too, believed that, while the Congress might have publically indicated

that they sought reconciliation, it was not what the delegates believed.

Ferling’s work is important to understanding the American Revolution because he

discussed the fundamental differences between radicals, moderates, and conservatives, as well as

discussing sectional issues between the North and the South. These issues were important to note

when it came time to discuss non-importation and the Continental Association, because the

debates on the embargo and the Association hinged on cooperation between the colonies.

Another author who discussed and analyzed the First Continental Congress was Gordon

Wood in his book, The American Revolution: A History. Wood is a professor emeritus of history

at Brown University in Rhode Island, and a winner of both the Pulitzer Prize and the Bancroft

Prize. In The American Revolution, Wood tried, and succeeded, in giving the reader a quick

synthesis of the Revolution itself, saying “how the Revolution came about, what its character

was, and what its consequences were…are the questions this brief history seeks to answer.”36

32
Ferling, Leap, 116.
33
Ferling, Leap, 115.
34
Ferling, Leap, 122.
35
Ferling, Leap, 122.
36
Gordon Wood, The American Revolution: A History (New York: The Modern Library, 2003), xxv.

18
The American Revolution explained that the First Continental Congress was the point of

revolution, without making it explicit; rather he allowed the reader to infer that the First

Continental Congress was that point. Wood said, “by 1774, however, it was unlikely, even if

Galloway’s plan had been adopted, that the Congress could have reversed the transfer of

authority that was taking place in the colonies. In the end, the Continental Congress simply

recognized the new local authorities…and gave them its blessing.”37 Wood seemed to have

recognized that, regardless of what happened after the First Congress, this was the point at which

the hearts and minds of the colonists began to change. This point is why Wood’s short synthesis

of the American Revolution was a useful addition to this topic.

Gordon Wood’s book The Radicalism of the American Revolution, also discussed the

American Revolution as “the most radical and most far-reaching event in American history.”38

He argued that the Revolution was radical because it invented a new political system, and it

“made the interests and property of the ordinary people—their pursuits of happiness—the goal of

society and government.”39 Wood viewed the Revolution from a different point of view,

choosing to focus on the vast number of changes it caused within American culture and politics.

He often argued that, although the American Revolution was different, it was not unique,

claiming that “the American revolutionary leaders do not fit our conventional image of

revolutionaries—angry, passionate, reckless, maybe even bloodthirsty for the sake of a cause.”40

However, Wood also made sure the reader understood that “if we measure radicalism by the

37
Wood, Revolution, 49.
38
Gordon Wood. The Radicalism of the American Revolution (New York: Vintage Books, 1991), 8.
39
Wood, Radicalism, 8.
40
Wood, Radicalism, 3.

19
amount of social change that actually took place…then the American Revolution was not

conservative at all; on the contrary: it was as radical and as revolutionary as any in history.”41

In this book, Wood did not give the reader a chronological synthesis of the American

Revolution, and as such, did not go into any kind of detail when discussing the events of 1774.

However, Wood enabled the reader to view the American Revolution in a new light, as an agent

of change that changed the course of future historical events.

One book that changed how people viewed the American Revolution was The Coming of

the Revolution: 1763-1775, by Lawrence Henry Gipson. Gipson was a Pulitzer Prize and

Bancroft Prize winning historian, and a professor of history at Lehigh University until his death

in 1971. In The Coming of the Revolution, Gipson not only spoke on the First Continental

Congress, but said that “the revolutionary movement …was virtually consummated in all the

essentials in the work of the Continental Congress in 1774.”42 Originally written in 1954, The

Coming of the Revolution gave the reader a small taste of what Gipson later expanded into his

thirteen-volume work, which was above mentioned. Gipson argued that the causes of the

American Revolution stemmed from two things—first, the necessity of the British Empire to

organize itself into a more efficient administration in the colonies; and second, by the belief in

the colonies of finally being free of hostile borders, due to the successful end of the French and

Indian War in 1763.43 While this is something taken for granted by modern historians, the idea

Gipson proposed in 1954 was quite a new one, and his works should be included here for that

reason.

41
Wood, Radicalism, 5.
42
Lawrence Henry Gipson, The Coming of the Revolution: 1763-1775, (New York: Harper and Row, 1954), 231.
43
Gipson, Coming, xi.

20
Another book by Gipson which gives an in-depth look at the First Continental Congress

is The Triumphant Empire: Britain Sails into the Storm, 1770-1776.44 In this volume, Gipson

lent an entire chapter to the First Continental Congress, and talked about the Suffolk Resolves

and the Galloway plan, in which he questioned its validity and the possibility that Great Britain

would approve it, stating, “the concept itself was revolutionary, since it implied a fundamental

reorganization of the constitution of the Empire.”45 Gipson declared that the colonists were

willing to declare independence if necessary, stating

the mood of the majority of the members of the Congress…was clearly not one of
compromise. They probably reasoned that since Americans had compelled Parliament in
1766 to repeal the Stamp Act, and in 1769 most of the Townshend Revenue Act…they
could again force the issue and gain acceptance of their own interpretation of the scope of
American rights...if not, they were prepared, but only as a last resort, to rebel and declare
their independence.46

Gipson mentioned that there was a proposal in the Congress for a continental militia, stating that

“a further step of resistance to the government of Great Britain was sought at this period in order

‘to apprize the public of danger, and of the necessity of putting the colonies in a state of

defence,’” further claiming that it was proposed that “‘the Congress do most earnestly

recommend…that a militia be forthwith appointed and well disciplined, and that it be well

provided with ammunition and proper arms.’”47 Gipson mentioned that this proposal was met

with resistance, and that, instead, a message to the King was drafted, informing the Crown that

the colonies could take care of themselves, stating “there was no need of parliamentary taxes in

America to…defend the colonies, since the colonies were in a position to care for these needs

44
Lawrence Henry Gipson. The British Empire Before the American Revolution, vol. 12, The Triumphant Empire:
Britain Sails into the Storm, 1770-1776. (New York: Alfred A. Knopf, 1965).
45
Gipson, Empire XII, 248.
46
Gipson, Empire XII, 251.
47
Gipson, Empire XII, 252.

21
and, in case of war, would readily grant supplies for any additional forces that might be

necessary.”48 In terms of the First Continental Congress itself, Gipson said little, choosing

instead to hide whatever bias he maintained behind a strict synthesis of facts.

One of main tomes in American history is a book by Robert Middlekauff called The

Glorious Cause: The American Revolution 1763-1789. Middlekauff is a professor emeritus at

University of California, Berkeley. In The Glorious Cause, Middlekauff argued that those

involved in the Revolution were not fully aware of the implications of their actions in the 1760s,

but that as time went on, they recognized the importance of the course they had set for America.

The Glorious Cause is a synthesis of the American Revolution, like many of the books

mentioned here, but one that also gives evidence to the idea of an increased revolutionary

rhetoric that started in 1763 and ended (at least to Middlekauff) with the ratification of the

United States Constitution by the states starting in 1787.

While he spoke about the First Continental Congress and the events that took place

within, Middlekauff did not seem to analyze what, exactly, this meeting meant for the American

colonists. However, he wrote that “the delegates who rode into Philadelphia in late August and

early September felt excitement and pride and even awe at what they were doing—not rage at

Britain.”49 Using the words “pride” and “awe” indicates that the delegates knew they were

forming a new government out of necessity, and were extremely excited at the prospect. This one

innocuous statement allows the reader to infer that the delegates knew the importance of what

they were doing when they met in Philadelphia. Middlekauff gave the reader a better

understanding of the people within the First Continental Congress; he showed the reader that,

48
Gipson, Empire XII, 252.

49
Middlekauff, Glorious Cause, 245.

22
with the exception of one hothead delegate, almost no delegate in the First Continental Congress

wanted war, mostly because they were afraid that they would lose, and thus invite a “full-scale

despotism.” Interestingly, according to Middlekauff, some of the delegates, including Joseph

Galloway, spoke about American rights as though 1774 were the first time there was protest

against England; any earlier protests against British policy seemed to go unnoticed. 50

Middlekauff also showed the reader some of the dissent and tensions within the Congress

itself. He discussed South Carolina’s demand that rice and indigo were exempt from the ban on

exports, and that the delegates from that colony would not sign on with the Association unless

that demand was met.51 However, Middlekauff also mentioned that “the delegates departed

Philadelphia full of respect for one another. They had demonstrated that they and the people they

represented shared common interests and values…in the end they put together the Continental

Association.”52 This is important because it is an example of how the colonists started to unite as

Americans against Great Britain.

Bernard Bailyn, who is also a Pulitzer Prize winning author, is a professor emeritus of

history at Harvard and has written numerous books on the subject of the American Revolution

also, wrote a book called The Ideological Origins on the American Revolution. Bailyn informed

the reader that he went through numerous pamphlets in his search for the ideological origins of

the Revolution, stating that “it was in the context of the sources and patterns of ideas

presented…that I began to see a new meaning in phrases that I, like most historians, had readily

50
Middlekauff, Glorious Cause, 248-259.
51
Middlekauff, Glorious Cause, 253.
52
Middlekauff, Glorious Cause, 255.

23
dismissed as mere rhetoric and propaganda: ‘slavery,’ ‘corruption,’ ‘conspiracy.’”53 Bailyn then

informed the reader that these patterns led to his argument, which was that “the fear of a

comprehensive conspiracy against liberty throughout the English-speaking world…lay at the

heart of the Revolutionary movement.”54 This, then, is what Bailyn argued throughout

Ideological Origins; that the Revolution was caused by colonialists’ fears of losing their liberties.

This was different from what Gipson had said; Gipson indicated that the American Revolution

stemmed from British reform, but stopped there without discussing fear or anger on the part of

the colonists. Bailyn went further in saying that the Revolution was caused by fear of losing

liberty, which came directly from British reform.

In Ideological Origins, Bailyn did not go into details about the historical events, nor did

he give the reader a timeline of events. Instead, Bailyn broke the book down into sections that

made it easier to explain those principles to the reader, including a section entirely on the

conspiracy belief. However, because of its intellectual considerations on the logic of rebellion

and its explanation of the question of virtual representation in the colonies it is still considered

one of the most important books when trying to understand the American Revolution, because it

evidence showing the shift from colonist to American.

Bernhard Knollenberg, who was not a professional historian, but a lawyer and also the

Librarian of Yale University Library before his death in 1973, wrote two volumes on the

American Revolution. In the first, Origins of the American Revolution 1759-1766, Knollenberg

wrote about the Seven Years’ War and the beginnings of colonial protest, including the

Proclamation of 1763, which is the start of the first phase of colonial protest after the Seven

53
Bernard Bailyn. The Ideological Origins of the American Revolution. Enlarged Edition (Cambridge, MA: Harvard
University Press, 1992), xii-xiii.
54
Bailyn, Ideological Origins, xiii.

24
Years’ War. In Origins, Knollenberg argued that, although the Stamp Act was a spark for what

this thesis calls the first phase of colonial protest prior to the American Revolution, it was

actually a number of other actions by the British that had originally brought the colonists to the

brink of rebellion well before the Stamp Act, including the Sugar Act (which, as explained in the

chapter listing for chapter one increased the taxes on sugar and molasses) and the Currency Act

(which forbid the colonists from printing their own money). However, he also included earlier

actions, such as a bill in 1759 that forbid the governor of Virginia to sign any bill passed by the

legislation without approval by the Privy Council in England.55 Knollenberg’s Origins enables

the reader to gather a better idea of the British political system before colonial protests.

Knollenberg’s second book, Growth of the American Revolution 1766-1775, is

significantly longer and more in depth, covering everything from the repeal of the Stamp Act to

the shots fired at Lexington and Concord. In his introduction, Knollenberg argued that, although

the repeal of the Stamp Act in 1766 averted the collision argued about in Origins, the passage of

the Declaratory Act in 1766 laid the foundation for the second crisis, which ended with the total

independence of the thirteen colonies.56 On the anger and alarm over the Coercive Acts,

Knollenberg informed the reader that, “the non-charter colonies…had a legislature consisting of

a Crown-appointed Governor and Council and an elected Assembly. Bills…were subject to

disallowance by the Privy Council. But, once an act was approved…it could not be repealed or

amended except through…the same process…”57 Knollenberg went on to explain why this was

important--because many of the older colonies, such as Massachusetts and Virginia, had, over

55
Bernhard Knollenberg. Origins of the American Revolution: 1759-1766. Ed. Bernard Sheehan (Indianapolis:
Liberty Fund, 2002), xxi-xxiii.
56
Bernhard Knollenberg. Growth of the American Revolution: 1766-1775. Ed. Bernard Sheehan (Indianapolis:
Liberty Fund, 2003), xxxiii.
57
Knollenberg, Growth, xlvi.

25
the course of one hundred years, built up a body of laws that colonists had thought were

untouchable. When Parliament passed the Massachusetts Government Act, which was part of the

Coercive Acts, it altered the charter of Massachusetts to allow for a number of frightening

options, including Parliament’s ability to strike down an eighty-year-old Massachusetts law if

necessary. According to Knollenberg, the colonists feared that “it could and might strike down

any existing act in any of the colonies and replace it by some other provision, no matter how

odious to the people of the colony.”58

This fear, of course, led to the First Continental Congress, about which Knollenberg has

six chapters explaining every aspect in great detail; however, Knollenberg, like the majority of

historians listed in this section, did not give any indication of the First Continental Congress as

anything but another step toward revolution. Knollenberg described the Congress in great detail,

from the election of delegates to what each delegate did, right down to the voting of where the

delegates sat in Carpenter’s Hall, but he did not mention the importance of the First Continental

Congress. Knollenberg did not claim anything in terms of the Congress; however, it can be

inferred that Knollenberg believed, or at least argued, that the American Revolution began at

Lexington and Concord, when he said that “appeals to self-interest and to ties of a common

English heritage were unavailing to prevail against the force of passion aroused by the shedding

of American blood on the nineteenth of April.”59

In his book The Long Fuse, Don Cook, who was a journalist, talked briefly about the

First Continental Congress, informing the reader of the predecessor to the First Congress (the

Committees of Correspondence). In addition, Cook spoke very briefly about what the First

58
Knollenberg, Growth, xlvi.
59
Knollenberg, Growth, 240.

26
Congress accomplished, including the Declaration and Resolves, which Cook called the

“forerunner to the Declaration of Independence,” the Continental Association, and the appeal to

King George, stating the colonies’ grievances and rights, and asking the king to intervene.60 At

the same time, however, Cook’s book mostly focused on the British actions and reactions during

colonial protests, including giving the reader an idea of where King George stood on the matter

of the First Continental Congress, stating that “‘the die is now cast, the colonies must either

submit or triumph.’”61 This was, as he stated in his introduction, the author’s main purpose in

writing The Long Fuse.

Finally, in The First American Revolution: Before Lexington and Concord, Ray Raphael

wrote “The American Revolution did not start…on the morning of April 19, 1775….the real

revolution, the transfer of political authority to the American patriots, occurred the previous

summer when…farmers seized power from every Crown-appointed official in Massachusetts.”62

Raphael took a non-traditional view of the American Revolution Raphael argued that the transfer

of sovereignty happened in Massachusetts; however, the transfer of sovereignty of which

Raphael spoke was only in Massachusetts; to have a truly American Revolution requires the

other colonies as well. Because of this, the First Continental Congress was the start of the

American Revolution, not the point at which Raphael argued.

Primary Sources

The Lillian Goldman Law Library at the Yale University Law School collected the full

texts of a number of primary sources in a database called the Avalon Project. This database

60
Don Cook, The Long Fuse: How England Lost the American Colonies, 1760-1785 (New York: Atlantic Monthly
Press, 1995), 197-198.
61
Cook, Long Fuse, 197.
62
Ray Raphael, The First American Revolution: Before Lexington and Concord, (New York: The New Press, 2002),
1.

27
includes the full texts of some of the acts of Parliament from the first phase of protest, including

the Sugar Act of 1764, the Currency Act of 1764, and the Stamp Act of 1765, as well as the

Declaratory Act of 1766 and the Townshend Acts of 1767. In addition to this, the Avalon Project

also has the full text of Samuel Adams’s circular letter in 1768, as well as the non-importation

agreements following the Stamp Act and the Townshend Acts.63 From the second phase of

colonial protest, the Avalon Project also has full text of the Coercive Acts, including the Quebec

Act.64

The Library of Congress website, which has a collection in its American Memory section

called “A Century of Lawmaking,” links to the Journals of the Continental Congress, which

includes comments from every day the delegates met and what they discussed, such as the

Suffolk Resolves and Galloway’s Plan of Union, as well as the votes taken within the Congress.

In addition, the Library of Congress has also inputted the Letters to the Delegates of Congress,

which includes letters from Patrick Henry, John Adams, Samuel Adams, and others.

The book Colonies to Nation, 1763-1789: A Documentary History of the American

Revolution, edited by Jack P. Greene, a professor of history at Johns Hopkins University, also

includes many primary source selections. Where possible, I tried to find the full text of primary

sources but, failing that, this book was extremely useful as a compilation of primary source

documents to use. Colonies to Nation includes selections of laws passed by Parliament, including

the Sugar Act of 1764 and the Currency Act of 1764, as well as colonial response to those laws,

63
“The Sugar Act—September 29, 1764;” “The Currency Act—April 19,1764;” “The Stamp Act—March 22,
1765;” “New York Merchants Non-importation Agreement--October 31, 1765;” “The Declaratory Act—March 18,
1766;” “An Act Repealing the Stamp Act—March 18, 1766;” “The Townshend Acts—November 20, 1767;”
Massachusetts Circular Letter to the Colonial Legislatures--February 11, 1768;” “Boston Non-Importation
Agreement--August 1, 1768” in Yale University Avalon Project.

“The Boston Port Act—March 31, 1774;” “The Administration of Justice Act—May 20, 1774;” “The
64

Massachusetts Government Act—May 20, 1774;” “The Quartering Act—June 2, 1774;” “The Quebec Act—
October 7, 1774” in Yale University Avalon Project.

28
such as selections from James Otis’s “The Rights of the British Colonies Asserted and Proved”

from 1764. In addition, it gives selections of letters and reports regarding battles and skirmishes,

such as Thomas Gage’s report on the shots fired at Lexington and Concord, and a report on the

Boston Massacre by a town committee.65

Finally, the Liberty Fund, which published both of Bernhard Knollenberg’s books in

2002 and 2003, also has a website, which has full text of a number of books, including John

Dickinson’s Letters of a Pennsylvania Farmer and Works of John Adams.

Conclusion

The moment at which the American Revolution began occurred at the First Continental

Congress in Philadelphia in 1774. This thesis challenges the traditional historical idea of the start

of the American Revolution by claiming that the self-consciousness of being Virginians and

South Carolinians instead of British occurred earlier than traditionally taught, and occurred, as

said by John Adams, in “the minds and hearts of the people; a change in their religious

sentiments of their duties and obligations.”66 This is the point at which the change from being

British to being American occurred. Parliament passed so many laws and had refused to listen to

the colonists’ complaints that it led to the only possible outcome—revolution. Throughout the

eleven years between the Proclamation of 1763 and the Continental Association in 1774, the

65
“Beginnings of Parliamentary Taxation for Revenue: The Sugar Act of Apr. 6, 1764” (19-24); “Prohibition of
Legal-tender Paper Currency: the Currency Act of Apr. 19, 1764” (25-26); “No Legislature Has a Right to Make
Itself Arbitrary: James Otis, “The Rights of the British Colonies Asserted and Proved (1764)” (28-33); “The
Outbreak of Hostilities: Governor Thomas Gage Reports on the Battles of Lexington and Concord to the Earl of
Dartmouth (April 22, 1775)” (253); “ ‘A Military Combination’: Report of a Committee of the Town of Boston
(1770)” (166-172) in Colonies to Nation.

66
Adams to Niles, 13 February 1818.
http://oll.libertyfund.org/?option=com_staticxt&staticfile=show.php%3Ftitle=2127&chapter=193604&layout=html
&Itemid=27.

29
colonists had sent multiple petitions; they had enacted many boycotts; and their only request was

autonomy.

Knollenberg argued in Origins that:

had the alarming measures…been distributed over a long period, the effect of each might
have rippled away before the next was felt; but, concentrated in the span of a few years,
all contributed to the colonial fear that the British Government would go further and
further in depriving the colonists of the large measure of self-government in internal
affairs they had so long enjoyed and justly valued.67

While Knollenberg discussed the events from 1759 to 1764 in that quote, evidence shows that

the same could be said about the events from 1763 to 1774.

Many of the books on the American Revolution talk about the First Continental

Congress, the Suffolk Resolves and the Continental Association, but not the possibility that those

events started the American Revolution. Traditional views of the American Revolution are

inaccurate.

Fifty-six men got together and ratified Massachusetts’ Suffolk Resolves, which said that

Parliament should not be obeyed because it had no power to govern the colonies at all. They

formed the Continental Association to make sure that what they said would be followed.

These men knew exactly what they were doing. They knew they were proposing treason

and that, should they be caught and convicted, they would probably be hanged as traitors to the

Crown. They also knew that revolution was necessary. The real moment of revolution began in

the moment when those men decided that their current system of government was not working. It

must have taken great courage to start a revolution. Those fifty-six men who met in Philadelphia

dared to have the courage to tell Parliament and the world that they were starting a revolution.

They dared to change the world.

67
Knollenberg, Origins, xxiv.

30
CHAPTER ONE: ORIGINS

From 1754 to 1763, the British and the French were at war in the American colonies. By

1756, that war had spilled over into a conflict on both sides of the Atlantic Ocean. The French

went on to lose what the colonists’ called the French and Indian War, and whom those in Europe

called the Seven Years’ War. When the war officially ended on February 10, 1763 with the

signing of the Treaty of Paris, Great Britain had acquired the Canadian territory. The treaty

claimed that France “cedes and guaranties to his said Britannick Majesty, in full right, Canada,

with all its dependencies, as well as the island of Cape Breton, and all the other islands and

coasts in the gulph and river of St. Lawrence.”68 In addition, the treaty also granted land between

the Mississippi River and the Appalachian Mountains to England. France ceded “in full right,

and guaranties to his Britannick Majesty the river and port of the Mobile, and every thing …on

the left side of the river Mississippi, except the town of New Orleans and the island in which it is

situated, which shall remain to France, provided that the navigation of the river Mississippi shall

be equally free.”69 Much of this land already had Native American tribes on it, although colonists

saw this expansion of the empire as a way to acquire more land for themselves.

68
“Treaty of Paris, 1763” in Yale University Avalon Project.

69“Treaty of Paris”; Alan Taylor. American Colonies: The Settling of North America. (New York: Penguin Books,
2001), 433.

31
Shortly after the Treaty of Paris, King George III signed the Proclamation of 1763, which

prohibited settlement west of the Appalachian Mountains, to protect the Native Americans living

there. The colonists were upset at this Proclamation, because the unsettled land past the

Appalachians were now off-limits to the land-hungry colonists. In addition, the Proclamation

informed them that Canada had been acquired as a British colony, and as such, the people who

lived there were now British subjects, required to submit to all the same laws and regulations of

the rest of the colonists throughout North America. To the colonists, the Québécois were still

French, regardless of whether Quebec was a British colony or not, and they did not appreciate

French-speaking Catholic citizens on their borders.70 It was not impossible that the English and

the French would go to war again, and the colonists in the old British colonies were very

distrustful of the new British colony to the north. After all, the day before the war ended, the

French were their enemies.

To complicate matters further, George Grenville, who in 1763 became Prime Minister,

firmly believed that the British government gave protection and economic growth to the

colonies, without making the colonies help pay for it. The acquisition of Canada as a colony

meant that the British felt it was necessary to establish a standing army in the colonies to make

protecting the colonists easier in the event of revolt from the Québécois during a future war

against France. Money was necessary to both pay the troops stationed in the colonies and pay

back the giant debt incurred, Grenville decided that it was time for the colonists to contribute to

the British Empire.

70
"Stopgap Regulations for the New Territories: The Proclamation of 1763" in Colonies to Nation, 16-18.

32
The British Empire had a post-war debt of over £137 million, an increase of £64 million

over the pre-war debt of £73 million.71 Per capita, the debt in England was eighteen pounds. In

the colonies, the estimated per capita debt was approximately eighteen shillings. 72 This amounts

to, in modern United States dollars, a per capita debt in England of $29, compared to a per capita

debt of $1.29 in the colonies. This discrepancy caused many in Parliament to agree with

Grenville’s belief that the colonies should be required to pay a larger share.73 As a result,

Parliament passed the first act designed, not to regulate trade, as the duties previously levied did,

but solely to raise revenue in the colonies.74

In 1764, Parliament passed the Sugar Act, which dropped the customs duty on foreign

molasses. There was already a sixpence per gallon tax on molasses, rum, and sugar from the

Molasses Act of 1733 to ensure the colonists purchased only from the British colonies producing

those products, as there was no tax to import from the British Caribbean.75 The purpose of the

original act was to give the British West Indian sugar interests a monopoly of the market within

the Empire, not to raise revenue, which in the colonies was a well-established principle of

colonial legislatures. The colonies raised money to support the Empire during the French and

Indian War, and raised money continuously to pay the salaries of people appointed to public

office by the Crown.76

71
Taylor, American Colonies, 439.
72
Cook, Long Fuse, 56.
73
Cook, Long Fuse, 56.
74
Knollenberg, Origins, 140.
75
Gipson, Coming, 63; Cook, Long Fuse, 54.
76
Knollenberg, Origins, 127; Cook, Long Fuse, 53.

33
The customs officials in the colonies, however, rarely collected the tax in its entirety, as

merchants often bribed the officials to look the other way when a cargo of foreign molasses came

into port. 77 In 1764, however, with the specter of debt over them, Parliament passed the Sugar

Act as a “just and necessary [act], that a revenue be raised in…America, for defraying the

expences of defending, protecting, and securing the same.”78 While it reduced the amount of the

tax on foreign molasses to threepence per gallon, the Act also extended the tax to all molasses,

even from the British West Indies, which had previously been exempt, for the purposes of raising

revenue.79

Another provision of the Act required customs officers in the colonies, both on land and

at sea, to be less cautious about seizing vessels and cargo suspected of violations of the trade

laws. Previously, officers were reluctant to seize vessels without strong evidence of these

violations because, if the owners of the vessels were found innocent, the officers would be liable

for damages to the cargo. This provision within the Sugar Act allowed for customs officers to be

less careful by providing that the officers could not be held liable for any damage.

The Act further allowed for the foundation of a new admiralty court for the trial and

condemnation of those seized vessels and cargo. Prior to this new court, customs officials could

only bring those charges within the colony in which the violation occurred. If they seized a ship

in Boston Harbor, for example, the trial could only be held in Massachusetts. Customs officials

could not bring it to New York or Pennsylvania. Under this new provision, however, such a trial

could be held anywhere, regardless of where the violation occurred. The colonists would have

77
Morgan, Birth, 11.
78
“Beginnings of Parliamentary Taxation for Revenue: The Sugar Act of (Apr. 5) 1764” in Colonies to Nation, 19.
79
Cook, Long Fuse, 61.

34
been upset enough about this provision had Parliament established the new court in New York or

Pennsylvania. Instead, Parliament decided to establish the court in Halifax, Nova Scotia, far

away from any of the other big ports in America. The reason for this placement was so that local

colonists could not influence judges of the admiralty courts. In addition, the individual bringing

suit against a vessel could choose to bring suit in the admiralty court, thus depriving the

defendant of a trial by jury.80

Shortly thereafter, Parliament passed another law, the Currency Act of 1764, which

prohibited the printing of paper money in the colonies. There was already a law in place from

1751, prohibited the printing of paper money in New England, but this act extended that

prohibition to the rest of the colonies. There was a solid economic reason for both this act, and

the one passed for New England in 1751. During the first half of the eighteenth century, the

colonies had little to no legal gold or silver money in circulation. What little legal specie there

was in the colonies came from the West Indies trade, and colonial merchants used a majority of it

to pay their debts in England. To fix this problem, the colonies began to print paper money to

pay private debts, purchase goods and land, and pay taxes and duties. The colonists could not

send paper money to England to pay debts, but they could use it to buy the bills of exchange.

Some colonies, such as Pennsylvania, managed their currency very well. Other colonies,

specifically those in New England, issued too much currency or failed to collect it for taxes,

which depreciated the value, leading to the Currency Act of 1751.81

Parliament suspended the Currency Act of 1751 for the duration of the French and Indian

War, but opposition from England started again before the war was over. The consequence of

80
Knollenberg, Origins, 168-169.
81
Merrill Jensen. The Founding of A Nation: A History of the American Revolution, 1763-1776 (New York: Oxford
University Press, 1968.; repr. Indianapolis: Hackett Publishing Co., 2004), 53. All citations are to reprinted edition.

35
this economic unrest was the Currency Act of 1764, which stated that “great quantities of paper

bills of credit have been created and issued in his Majesty’s colonies,” and that “such bills of

credit have greatly depreciated in their value, by means whereof debts have been discharged with

a muss less value than was contracted for.”82 To rectify this problem of depreciation, the

Currency Act stated that “no act, order, resolution, or vote of assembly…shall be made, for

creating or issuing any paper bills, or bills of credit…declaring such paper bills, or bills of credit,

to be legal tender in payment of any bargains, contracts, debts, dues, or demands whatsoever.”83

The act did not remedy the issue that caused the colonies to print paper money to begin

with—the lack of gold and silver specie in the colonies. Additionally, specie coming straight

from England on boats was subject to the perils of the sea. If a ship went down, the entire money

supply on the boat went down with it, leaving thousands of colonists with no way to pay their

taxes or buy goods, thus crippling the colonial economy.84

In July of 1764, a lawyer from Boston named James Otis wrote a document entitled “The

Rights of the British Colonies Asserted and Proved,” in which he posited that Parliament could

not tax the colonies without proper colonial representation within Parliament, as that taxation

was unconstitutional. Otis claimed that “no parts of his Majesty’s dominions can be taxed

without their consent: that every part has a right to be represented….that the refusal of this would

seem to be a contradiction in practice to the theory of the constitution…”85 Therefore, until the

colonies could be properly represented, Parliament could not tax them. Otis was not implying

82
“Prohibition of Legal-Tender Paper Currency: The Currency Act of 1764” in Colonies to Nation, 25.
83
“The Currency Act” in Colonies to Nation, 25.
84
Edmund Morgan and Helen Morgan. The Stamp Act Crisis: Prologue to Revolution (Chapel Hill: University of
North Carolina Press, 1995), 31.
85
James Otis. “Rights of the British Colonies Asserted and Proved” in Colonies to Nation, 33.

36
that Parliament did not have the power to tax the colonies; only that it was unconstitutional,

according to the English constitution, to tax the colonies without proper representation.

Another protest about Parliamentary taxation of the colonies for the purposes of revenue

came in the form of a petition from the New York Colonial Assembly to the House of Commons

in October of 1764. The New York Assembly willing admitted that Parliament had the right to

regulate trade, stating that “the Authority of the Parliament of Great-Britain, to model the Trade

of the whole Empire, so as to subserve the interest of her own, we are ready to recognize in the

most extensive and positive Terms.”86 The petition went on to say that “such a Preference is

naturally founded upon her Superiority...and therefore…the Colonies cannot, would not ask for a

License to import woolen Manufactures from France; or to go into the most lucrative Branches

of Commerce, in the least Degree incompatible with the Trade and Interest of Great-Britain.”87

However, the New York Assembly insisted that Parliament did not have the jurisdiction to tax

the colonies for the purposes of raising revenue. The petition said that “an Exemption from all

Duties in such a Course of Commerce, is humbly claimed by the Colonies, as the most essential

of all the Rights to which they are entitled.”88 The statement that “the General Assembly of New-

York…cannot but express the most earnest Supplication, that the Parliament will charge our

Commerce with no other Duties, than a necessary Regard to the particular Trade of Great-

Britain, evidently demands; but leave it to the legislative Power of the Colony, to impose all

other Burthens upon its own people”89 followed this claim.

86
“The New York Petition to the House of Commons” in Colonies to Nation, 37.
87
“The New York Petition to the House of Commons” in Colonies to Nation, 37.
88
“The New York Petition to the House of Commons” in Colonies to Nation, 37.
89
“The New York Petition to the House of Commons” in Colonies to Nation, 37.

37
The Massachusetts House of Representatives sent a petition to the House of Commons as

well, stating that the taxes “must necessarily bring many burdens upon the inhabitants of these

colonies and plantations, which your petitioners conceive would not have been imposed if a full

representation of the state of the colonies had been made to your honourable House.” 90 The

petition also said that that the inability to print paper money in the colonies would cripple them,

and that “the extension of the powers of courts of vice-admiralty has, so far as the jurisdiction of

the said courts hath been extended, deprived the colonies of one of the' most valuable of English

liberties, trials by juries.”91

These two acts and the colonists’ responses reveal the beginning of the escalation of

rhetoric within the colonies. After the passage of the Sugar and Currency Acts, the colonists’

reactions were those of “no taxation without consent” and to a lesser degree, “no taxation

without representation.” The colonists believed they had not consented to any of the taxes or

legislation passed by Parliament because they were not properly represented within Parliament

itself. While the petitions and pamphlets stated that the colonists would not consent to taxation

for the purpose of raising revenue, they did indicate that Parliament had the authority to regulate

trade.

These two acts alone were enough to upset some of the colonists, but with the addition of

the Stamp Act of 1765, many of the colonists went from irritated to angry.

The Stamp Act Crisis

Parliament passed the Stamp Act, like the Sugar Act before it, to increase revenue.

Parliament did this by taxing every piece of printed material in the colonies. These included legal

“Petition from the Massachusetts House of Representatives to the House of Commons; November 3, 1764” in
90

Yale University Avalon Project.

“Petition from the Massachusetts House of Representatives to the House of Commons; November 3, 1764” in
91

Yale University Avalon Project.

38
papers, business contracts, playing cards, liquor licenses, academic degrees, newspapers, the

advertisements within the newspapers, and pamphlets, among other things. The taxes would

range from a few shillings for a pack of playing cards to £10 for attorney’s licenses. In addition

to the tax, the Stamp Act also provided for the enforcement of the Act in either common-law or

admiralty courts.92 Traditionally, admiralty courts in England had been confined to trying cases

arising on the high seas and on navigable rivers. Thus, the provision in the Sugar Act for

allowing a suit to be heard in an admiralty court made sense. The Stamp Act, however, could not

be interpreted in such a way. 93

The first hint of colonial defiance against the Stamp Act came in the form of Patrick

Henry, a young Virginian lawyer who proposed seven resolutions against the idea of the Stamp

Act, four of which were passed by the Virginia House of Burgesses.94 First, the Resolves stated

that the original settlers of the colonies “brought with them, and transmitted to their

Posterity…all the Liberties, Privileges, Franchises, and Immunities that have…been held,

enjoyed, and possessed, by the people of Great-Britain,” and that “by two royal Charters…the

Colonists aforesaid are declared entitled to all Liberties, Privileges, and Immunities of Denizens

and natural Subjects…as if they had been abiding and born within the Realm of England.”95 In

addition, the Resolves claimed that “the Taxation of the People by themselves, or by Persons

92
“The Stamp Act” in Colonies to Nation, 42-43.
93
Morgan and Morgan, Stamp Act Crisis, 73-74.
94
A fifth resolution was also passed, and later rescinded, by the House of Burgesses, which stated that only
Virginians had the power to tax Virginians and that, should anyone else attempt to tax Virginians, it would destroy
American freedom. Two other resolutions which were not passed stated that the people of Virginia were not
required to follow any taxation laws except those passed by their own legislature, and that anyone who believed or
said otherwise would be considered an enemy to the colony. See Knollenberg, Origins, 217; Morgan and Morgan,
95-96.
95
“Call to Resistance: The Virginia Resolves” in Colonies to Nation, 60.

39
chosen by themselves to represent them, who can only know what Taxes the People are able to

bear…is the only Security against a burthensome Taxation” and that it is “the distinguishing

Characteristick of British Freedom, without which the ancient Constitution cannot exist.”96

Third, the Resolves claimed that the people of the colonies had “without Interruption enjoyed the

inestimable Right of being governed by such Laws, respecting their internal Policy and Taxation,

as are derived from their own Consent...and hath been constantly recognized by the Kinds and

People of Great Britain.”97

The colonists in general responded to this particular tax with numerous acts of violence.

Those men who had been appointed Stamp Distributors got the worst of it. In Massachusetts,

some Bostonians hung an effigy of Stamp Distributor Andrew Oliver in the liberty tree in

Boston. A mob further tore through town looking for Oliver and destroying his home when they

could not find him. Oliver resigned his post before his commission had even come from

England. Thomas Hutchinson, Lieutenant Governor of Massachusetts, was the next target, as he

supported both the Stamp Act in general and Andrew Oliver in particular. Hutchinson managed

to escape a large mob en route to his home; the mob destroyed everything nailed down, and stole

everything that was not.98

The violence was not limited to Massachusetts, however. In Maryland, by the time Stamp

Distributor Zachariah Hood reached Annapolis, having come from England to purchase items to

supply his store, he had been hanged in effigy in numerous places. In addition, people with

whom he had once been friendly now treated him with utmost contempt. Realizing that he was

96
“The Virginia Resolves” in Colonies to Nation, 61.
97
“The Virginia Resolves” in Colonies to Nation, 61.
98
Middlekauff, Glorious Cause, 97.

40
not safe in Maryland, he traveled to New York to place himself under the protection of Thomas

Gage, the commander-in-chief of British forces in America. Hood resigned his post shortly

thereafter, under pressure from the Sons of Liberty.99

The Sons of Liberty was a group of people formed by Samuel Adams. Adams knew the

dangers of mob violence, and knew that such a thing would not only repel a number of

potentially influential allies, but would also invite a larger British intervention. Instead, he

formed the Sons of Liberty, which served several functions in this early stage of protest. It was a

foundation for mass protests in the streets, and could be used for violence when necessary, but it

was also the medium for preventing violence and disorder. Adams understood the anger and

frustration of the people, and used the Sons of Liberty as a vehicle to bring the people together,

so that worker and merchant would work together toward the common goal of the repeal of the

Stamp Act.100

The colonists were angry enough to form a Congress with the purpose of formally

opposing the Stamp Act. This Congress formed a petition requesting the repeal not only of the

Stamp Act, but of the Sugar and Currency Acts of 1764, claiming that “no taxes be imposed on

them, but with their own consent, given personally, or by their representatives,”101 and that “the

people of these colonies are not, and from their local circumstances cannot be, represented in the

House of Commons in Great Britain.”102 In addition to claiming that they could not be taxed

without consent, they also claimed that it was against their rights as British subjects to be taxed

99
Wood, Revolution, 29-30.
100
Ferling, Leap, 66-67.

“The Official Colonial Protest: The Declaration of the Stamp Act Congress (Oct. 19, 1765)” in Colonies to
101

Nation, 64.
102
“The Stamp Act Congress” in Colonies to Nation, 64.

41
without that consent. For the first time, the colonists were uniting for a common cause, and

participating in violent acts to make themselves heard.103 As loyal British subjects, they believed

that Parliament would listen.

Shortly thereafter, merchants in New York set forth a non-importation agreement—in

essence, an embargo, on British goods. The agreement stated that the colonists order nothing

new from England, as well as cancelling what they already ordered. In addition, it stated that

none of the merchants would sell goods that had come from England until Parliament repealed

the Stamp Act.104

Elsewhere, the protests focused on the stamps themselves. In some colonies, the stamps

were not even landing. Colonial authorities in Virginia declared that the stamps were illegal and

not to be used. South Carolina’s governor ordered the stamps locked up and guarded; this did not

stop a band of the Sons of Liberty from breaking in, finding the stamps and burning them. New

Jersey’s stamps stayed upon the ship which they came.105 Parliament ignored the petitions and

complaints of the colonists, but not the embargo.

In response to the drastic consequences of the colonies’ non-importation agreement,

British merchants petitioned Parliament. Already in trouble due to an economic depression

caused by the end of the Seven Years’ War, these merchants were further distressed by not being

able to import their goods into the colonies. The merchants held no ill will toward the colonists,

realizing the colonies apparently needed to do whatever necessary to garner results. Instead, they

103
Cook, Long Fuse, 76.
104
“New York Merchants Non-importation Agreement; October 31, 1765” in Yale University Avalon Project.
105
Cook, Long Fuse, 79-80.

42
put all the blame upon Grenville and his ideas, and petitioned Parliament loudly and

continuously that the embargo would ruin them unless Parliament helped them.106

In 1766, William Pitt, a political strength in the House of Commons and a former

Secretary of State in England, took the floor of Parliament and declared that the Stamp Act

needed to be repealed immediately. Pitt believed the Stamp Act was based on a flawed principle,

but asserted that Parliament held authority over the colonies to legislate as it saw fit, short of

going over to the colonies and becoming pickpockets.107

William Pitt was not the only person to appeal to Parliament. Benjamin Franklin, a

colonial agent to Parliament from Pennsylvania, gave four hours of testimony to the House of

Commons as to why the Stamp Act should be repealed. Franklin testified that the taxes already

placed upon the colonists were numerous and heavy, having been instituted largely to help pay

the costs of having a standing army in the colonies and help pay off the debt from the Seven

Years’ War. He testified that not everyone could pay the taxes, being somewhat poor and far

away from civilization, and that, even those colonists who were well off could not pay the taxes

as there was not “gold and silver enough in the colonies to pay the stamp duty for one year.”108

Most importantly, Franklin testified that the attitudes of the colonists toward Parliament

were markedly different than they had been before 1765. He claimed that, while at one point the

colonists were respectful of Parliament’s authority and grateful for its security, those feelings had

drastically lessened. Franklin explained the difference, at least to colonists, between external

taxes (which were appropriate), and internal taxes (which were not). An external tax, according

106
Morgan and Morgan, Stamp Act Crisis, 275.
107
Morgan and Morgan, Stamp Act Crisis, 278.
108
“Examination of Benjamin Franklin in the House of Commons, Feb. 13, 1766” in Colonies to Nation , 72.

43
to Franklin, was one that was attached to an imported good as part of the price—if a colonist did

not like the price of the good, the colonist would not purchase said good. However, an internal

tax, according to Franklin, was one that was forced upon the colonists in such a manner that all

activity would stop; in the example of the Stamp Act, all legal activity would cease and would

cause the colonists’ ruin if they refused to pay it.109

Between Pitt’s speech, Franklin’s testimony, and the merchants’ petitions, the Marquess

of Rockingham, Grenville’s replacement as Prime Minister, succeeded in bringing forth a repeal

of the Stamp Act. However, Parliament attached the repeal of the Stamp Act to the Declaratory

Act of 1766. William Pitt had stated that though Parliament did not have the authority to tax the

colonies, it did have the power to assert its sovereignty through all legislation.110 Parliament used

this argument in the Declaratory Act of 1766, which stated that the colonies were subordinate to

Parliament and that Parliament had the full authority to make laws that applied to the colonies in

all cases whatsoever. It also declared any law made in the colonies that denies the authority of

Parliament null and void in all purposes whatsoever.111

With the news that Parliament had repealed the Stamp Act, celebrations commenced

throughout many of the colonies. The colonists in New York voted to erect a statue of King

George III, taverns on the Philadelphia waterfront gave free drinks to every sailor on the ship

that brought news of the repeal, and South Carolina voted to erect a statue of William Pitt.112 The

parties, however, did not last long.

109
“Examination of Benjamin Franklin” in Colonies to Nation, 72-78; see also Cook, Fuse, 94-103.
110
Morgan and Morgan, Stamp Act Crisis, 288.
111
“The Declaratory Act; March 18, 1766” in Yale University Avalon Project.
112
Cook, Long Fuse, 106-107.

44
While many did not notice the passage of the Declaratory Act at first, those who did were

concerned about the tone of the words “to bind the colonies in all cases whatsoever.” Those who

did read it seemed to think Parliament did not mean to include taxation. The attitudes of the

British merchants toward the colonists were more ominous, however. The fact that British

merchants were claiming success in getting the Stamp Act repealed was not the problem; indeed,

the colonists had depended upon the British merchants to support them in order to protect British

commerce. Rather, it was the attitude of the British merchants that they had saved the colonists

from themselves that caused disquiet among the colonists. Even more disconcerting was the fact

that many of the merchants, according to Middlekauff, did not really think that the colonists truly

believed in the principles they professed.113 Though Parliament did repeal the Stamp Act,

colonial suspicions of British intents lingered.

The Townshend Crisis

These suspicions seemed to be founded when, a year later, Parliament passed the

Townshend Acts. The Townshend Acts, named after Chancellor of the Exchequer Charles

Townshend, were a group of acts meant to increase revenue and help support the Empire.114

William Pitt, now known as the Earl of Chatham, had never been healthy. As a result,

shortly after appointing the new Chancellor of the Exchequer, Chatham departed to a health spa,

leaving Charles Townshend at the helm.115 Townshend claimed to be able to acquire revenue

113
Middlekauff, Glorious Cause, 144-145.
114
Pitt, until this point, had played out his role in the House of Commons, not the House of Lords. Pitt wanted more
than to be the Great Commoner—he wanted admittance into the inner circle of the aristocracy. Thus, William Pitt
appealed to King George III and became the Earl of Chatham. Pitt’s strengths in the House of Commons lay in his
character; with his new appointment as the Earl of Chatham, confidence and credibility in his leadership were
diminished. According to the Whitehall Evening Post, as quoted in Don Cook, “Pitt was adored—but Chatham is
quite unknown.” See Cook, Long Fuse, 111-113.
115
Morgan, Birth, 33-34.

45
from the colonies during a Parliamentary debate in 1767. In April of 1767, he presented his

package of American measures to Parliament.116

Townshend started with a request to suspend the New York Assembly until it complied

with General Thomas Gage’s request for funds under the Quartering Act of 1765. The colonists

of New York had taken offense to the fact that a majority of the English troops were stationed in

New York, putting a burden on the New York colonists. As a result, the New York Assembly

refused to pay the cost of supplies and housing for the troops.117

In addition to the suspension of the New York Assembly, Townshend proposed to move

British troops stationed in the frontier areas of the colonies closer to the Atlantic coast, claiming

that it would save money on their deployment. Townshend claimed that “‘an army in America,

and consequently American revenue, is essentially necessary.’”118

Townshend also included a list of new taxes on imported goods such as paper, paint, lead,

glass, and tea. In addition, Townshend stated that there would be a new Board of Customs

Commissioners, sent to America and headquartered in Boston, to oversee the collection of these

new taxes. Lastly, Townshend indicated that he would revise payment for officials appointed by

the Crown. Up until this point, the colonies themselves paid the salaries for royal governors,

lieutenant governors, customs officials, and others appointed by the Crown. Townshend’s plan

would put these appointees on a “civil list,” much like civil servants in England, whose salaries

would be paid by the revenue collected under the new taxes Townshend proposed. This allowed

London to control the salaries directly, instead of locally by the colonial governments.

116
Cook, Long Fuse, 121.
117
Cook, Long Fuse, 120.
118
Cook, Long Fuse, 121.

46
Townshend believed this package would protect officials appointed by the Crown from having

their pay withheld by angry colonists. Aware of the opposition to the vote, and realizing that

Lord Chatham was extremely sick, Townshend threatened to resign if his package did not pass.

Townshend’s package went to a vote, and Parliament passed the Townshend Acts on May 15,

1767.119

The Townshend Acts included five separate bills. The Revenue Act taxed imported

paper, paint, lead, glass, and tea. These items were not produced in North America; the colonists

were only allowed to buy these items from Great Britain. The Revenue Act also allowed for part

of the revenue coming in from the duties to go to

making a more certain and adequate provision for the charge of the administration of
justice, and the support of civil government, in such of the said colonies and plantations
where it shall be found necessary; and that the residue of such duties shall be paid into
the receipt of his Majesty’s exchequer, and shall be entered separate and apart from all
other monies paid or payable to his Majesty, his heirs, or successors; and shall be there
reserved, to be from time to time disposed of by parliament towards defraying the
necessary expences of defending, protecting, and securing, the British colonies and
plantations in America.120

The duties from the Townshend Acts would go toward paying for the British troops stationed in

the colonies, as well as the salaries of those on the civil list in the colonies.

In addition, the Indemnity Act made the tea of the British East India Company more

competitive with smuggled Dutch tea. It repealed taxes on tea imported to England, allowing it

to be re-exported more cheaply to the colonies.

The New York Restraining Act, a third act within the Townshend Acts, suspended the

power of the New York Assembly until it complied with the Quartering Act of 1765. The Vice

Admiralty Court Act created four district courts, located at Halifax, Boston, Philadelphia, and

119
Cook, Long Fuse, 121-123.
120
“The Townshend Act, November 20, 1767” in Yale University Avalon Project.

47
Charleston, and to help customs officials prosecute smugglers, since colonial juries were

reluctant to convict persons for violating unpopular trade regulations. Finally, the

Commissioners of Customs Act was enacted to better collect the new taxes.121

The newly implemented acts did little to help the colonists’ views of the British, and

Parliament in particular. Colonial response to the Townshend Acts was not immediate, as it was

for the Stamp Act, nor was it as strong, but there was some protest. Starting in 1767, John

Dickinson, a lawyer in Philadelphia wrote a series of letters to the Pennsylvania Chronicle.

Speaking rather mildly, Dickinson claimed that Parliament, while entirely able to regulate

commerce in the colonies, had absolutely no right nor authority to tax the colonies for revenue

purposes.122 He called the Townshend Revenue Act “a most dangerous innovation” and claimed

it was both unconstitutional and “destructive to the liberties of the colonies.”123 Throughout his

letters, of which there are twelve, he argued that Parliament had absolutely no authority to tax

any colony for any reason, as the duties “which will inevitably be levied upon us—which are

now levying upon us—are expressly laid for the sole purpose of taking money. This is the true

definition of taxes.”124

John Dickinson was not the only one protesting through the written word. Samuel Adams

wrote a document in 1768, referred to as the Circular Letter because the Massachusetts

121
“The Townshend Acts” in Yale University Avalon Project.
122
Middlekauff, Glorious Cause, 162.
123
Gipson, Empire XI, 146-147.
124
John Dickinson. “Letters from a Farmer in Pennsylvania—Letter VII” in Colonies to Nation 132-133. See also
Empire and Nation: Letters from a Farmer in Pennsylvania (John Dickinson). Letters from the Federal Farmer
(Richard Henry Lee), ed. Forrest McDonald (Indianapolis: Liberty Fund, 1999).
http://oll.libertyfund.org/index.php?option=com_staticxt&staticfile=show.php%3Ftitle=690&Itemid=99999999.
This link allows access to the full text of all twelve of John Dickinson’s letters. Original emphasis placed on all
accounts.

48
Assembly circulated it among the colonies. Adams argued that the Townshend Acts were

unconstitutional because the colonists were not properly represented in Parliament; moreover,

colonial legislatures were more efficient than Parliament.125 The letter angered the new British

Secretary of State, Lord Hillsborough, previously the president of the board of trade.

Hillsborough sent an order to Massachusetts to rescind the letter; when the Massachusetts

Assembly refused the order, Hillsborough ordered the dissolution of the Assembly.126 The people

of Boston, once again taking the lead in protesting, passed another Non-Importation Agreement,

declaring once again that they would place an embargo on goods coming from England.127

While the colonists protested, Townshend’s Customs Commissioners began to collect the

taxes. In Boston, the commissioners searched the “Lydia,” a ship owned by John Hancock, one

of Boston’s richest merchants that had recently returned from London. The man searching the

“Lydia,” a minor customs official called a “tidesman,” went below decks without authorization

or writ of assistance. Hancock’s sailors removed him unceremoniously, and charges were filed

against Hancock for interfering with Customs officers in the performance of their duty. Charges

were dismissed on the grounds that Hancock had acted entirely within his rights.128

The commissioners appealed to London, claiming they had wanted to make an example

out of Hancock because of his political leanings. Because Hancock represented something of a

challenge to royal authority, to decide not to prosecute would be a blow to royal authority in the

colonies. When authorities declined to prosecute Hancock, the Customs Commissioners decided

125
“Massachusetts Circular Letter to the Colonial Legislatures; February 11, 1768,” in Yale University Avalon
Project.
126
“Circular Letter to the Governors in America; April 21, 1768” in Yale University Avalon Project; Morgan 41.
127
“Boston Non-Importation Agreement, August 1, 1768” in Yale University Avalon Project.
128
Middlekauff, Glorious Cause, 170; Jensen, Founding, 281.

49
to seize his ship “Liberty” when it returned from Madeira with wine and other taxable goods in

June of 1768. When the townspeople of Boston went to the waterfront, presumably to help

Hancock by causing a commotion on the dock, authorities took the “Liberty” out of the harbor

and tied it up alongside a warship that had sailed into Boston Harbor. Colonists rioted, and the

Customs Commissioners asked for more troops to help suppress the riot. Already irritated at the

colonists, and Boston in particular, Hillsborough saw absolutely nothing wrong with sending

troops to suppress an area he viewed as a source of trouble.129 Bostonians took offense to the

stationing of troops in their city, and met illegally in 1768, passing a series of resolutions stating

that they were being unconstitutionally taxed and that having an army in their midst was also

unconstitutional.130

However, the colonists did not back down. Virginia’s House of Burgesses passed a series

of resolves stating that the only legislative body that was authorized to impose taxes on the

colony of Virginia was its own House of Burgesses.131 Horatio Sharpe, the governor of

Maryland, dissolved the Maryland Assembly after its members stated that their property could

not be taken away without their consent, asserting that Parliament could not tax them without

representation. Delaware followed suit and also had its assembly dismissed. North Carolina also

followed; however, its governor believed the mood within the colony was too explosive to

dismiss the assembly. South Carolina and Georgia, however, also had their respective assemblies

dismissed when they sided with Massachusetts and Virginia.132

129
Morgan, Birth, 39-41; Cook, Long Fuse, 130-131; Middlekauff, Glorious Cause, 171.
130
“Resolutions of the Boston Town Meeting; September 13, 1768” in Yale University Avalon Project.
131
“Defying Parliament’s Resolves: The Virginia Resolves of May 16, 1769” in Colonies to Nation, 157-158.
132
Cook, Long Fuse, 131.

50
Once again, the British merchants were in financial trouble because of colonial protest

over the Townshend Acts. Townshend, the man responsible for all this turmoil, promised that the

acts that possessed his name would bring in a significant amount of money from the colonies.133

By the spring of 1769, the Townshend Acts had brought in no more than £3,500, and the non-

importation agreement passed by the colonies caused British merchants to lose over £7 million.

A letter published by both the London Public Advertiser, as well as the Pennsylvania Gazette,

threatened that a continuation of the revenue policy would force all the colonies in North

America into rebellion. By the time the letter appeared, many in Parliament, as well as customs

officials in the colonies, believed that any attempt to collect on the Townshend duties was

politically unwise and economically unsound. 134

By 1769, Parliament started to hear arguments for repealing the Townshend Acts.

Charles Townshend had passed away shortly after the passage of the Townshend Acts, and

Parliament had seen more than one change in leadership in the two years since it passed the

Townshend Acts. Lord Hillsborough had not liked the Townshend Acts and firmly believed that

the Acts were the cause of the current problems in the colonies. However, as much as

Hillsborough wanted to repeal the Acts, he also wanted to make sure the colonists understood

that Parliament had every right to tax the colonies, and that the Townshend Acts “would not be

repealed on any constitutional grounds…only for the sake of ‘expediency.’”135 Publically, Lord

Hillsborough tried to stem the tide of protest in the colonies by ordering the colonies to rescind

or ignore the Circular Letter. Hillsborough also tried to station troops in Boston, and even asked

133
Morgan, Birth, 34.
134
Gipson, Coming, 193.
135
Cook, Long Fuse, 140.

51
George III to alter the charter of Massachusetts. There were even those in Parliament who

demanded that American “traitors” be shipped to England for trial. Privately, however,

Hillsborough claimed a severe dislike of the Townshend Acts and, in a secret meeting with

colonial agents in London, revealed that he believed the Townshend Acts were the root of

current troubles, and that he wished they had never been passed. While he made sure to make

mention of the fact that the Townshend Acts would not be repealed on constitutional grounds, he

did make sure the agents knew that Parliament had made a mistake in passing the Acts.136 In

addition to Hillsborough’s distaste for the Townshend Acts, others in the British government

were setting up to get the Acts and the taxes therein repealed.

Thomas Pownall, a member of the House of Commons in England and formerly deputy

governor of New Jersey and royal governor of Massachusetts;“‘a friend of liberty,’”137 according

to John Adams, stated that compromise between the colonies and the British government was

necessary. Townshend argued that the revenue brought in by the Townshend Acts would go

toward paying the salaries of those officials appointed by the Crown to protect them from

nonpayment due to angry colonists. Pownall argued that the Townshend Acts were unjust

because the intent of the acts was to raise revenue to pay for royal governors and civil

servants.138 In addition to this particular argument, it had become apparent by the beginning of

1769 that the Townshend Acts were not producing a large enough income to support the military

and civil establishments, nor to pay the salaries of the people appointed by the Crown.139

136
Jensen, Founding, 322-323; Cook, Long Fuse, 140.
137
As quoted in Cook, Long Fuse, 141.
138
Cook, Long Fuse, 142.
139
Gipson, Empire XI, 241.

52
Because of this, Lord North, the Chancellor of the Exchequer at the time, argued for repeal of all

but the tax on tea in the Townshend Acts. The tea tax would stay, North argued, because tea was

the only thing the Townshend Acts had taxed that did not come from England; rather, tea came

from India. It was not, he argued, in England’s best interest to collect customs on its own

products; thus, Parliament should repeal the taxes on paper, paint, lead, and glass, but not the tax

on tea.140 King George III agreed, stating that, “‘there must always be one tax to keep up the

right, and as such I approve of the tea duty.’”141

By 1770, Lord North, always unshakably loyal to the Crown, had been appointed as

Prime Minister. In March of 1770, North proposed a repeal of all but one of the Townshend

taxes; the one George III ordered him to keep, the tax on tea, being the exception. The repeal of

the other Townshend Acts passed on a day for which the year 1770 is most well known—the

Boston Massacre.142 With the repeal of the Townshend Acts in 1770, a period of calm throughout the

colonies was about to commence.

140
Cook, Long Fuse, 142.
141
As quoted in Cook, Long Fuse, 149.
142
Cook, Long Fuse, 150.

53
CHAPTER TWO: INTERLUDE

For as much agitation as had occurred between the years 1763 and 1769, the three years

that followed the repeal of the Townshend Acts in 1770 were relatively quiet in terms of colonial

protest. Indeed, once Parliament repealed the Townshend Acts, the colonial non-importation

agreements, which had taken years to achieve, collapsed in months. There were charges of

cheating and profiteering against wealthy merchants, as well as arguments between colonies over

non-importation. The agreement in Baltimore, for example, allowed merchants there to import

many kinds of cloth that the Philadelphia agreement banned. In addition, Boston’s agreement

was only valid for the calendar year of 1769, while agreements in other colonies were binding

until Parliament repealed the tax on tea.143

The tenuous unity through the colonies was gone. As a result, radical leaders in the

colonies, such as Samuel Adams, worked extremely hard to keep colonial protest alive. This was

made more difficult by the fact that many who had previously protested against the Townshend

Acts felt they had won. They felt that Parliament repealed the Townshend Acts because of

colonial protests. However, Adams believed that Lord North, and Parliament in general, was

trying quietly to secure power for the imperial government, and tried to expose North’s plan to

143
Jensen, Founding, 355-359.

54
the colonists. Adams published pamphlets, calling North’s plans a “conspiracy” and stating that

“‘If…we are voluntarily silent…the tools of administration will interpret America’s silence as

acquiescence.’”144

As a result of the disintegration of the non-importation agreements, the colonists

continued to import tea and pay the taxes on it. They also imported molasses and paid the taxes

on that as well. While the threat of Parliamentary intervention remained after the repeal of the

Townshend Acts, it seemed to be much reduced from where it was at the beginning of 1770. The

principles of “no taxation without representation” were useful for the colonists to adopt during

the first phase of protest, and after the repeal of the Townshend Acts, Lord Hillsborough insisted

that there was no intention of taking further revenue from America.145 Parliament’s repeal of the

Townshend Acts renewed the good feelings previously held in the colonies toward England, and

impeded the advancement of questions about Parliament’s authority.

While historians often refer to the years between 1770 and 1773 as the “period of calm”

because of this lack of colonial protest and agitation, a few violent events occurred during these

three years. Even so, these events did little to instigate agitation in the colonies, which is why

historians refer to these years as the “period of calm.”

Golden Hill Riot

In January of 1770, there were riots in New York City forming around the “liberty pole,”

which was a symbol of the Sons of Liberty. British soldiers routinely cut down the poles, which

the Sons of Liberty quickly replaced. One such pole was chopped down in what is now City Hall

Park on January 16, 1770. After some bystanders jeered at them for tearing the pole down, the

soldiers vandalized a popular tavern nearby. Soon thereafter, a pamphlet was circulated through

144
Ferling, Leap, 88-89.
145
Morgan, Birth, 50-52.

55
New York City, insulting the soldiers and claiming that the money given to the soldiers should

be going to employment for the city’s poor. On January 16, the soldiers took down the Liberty

Pole. The next day, two men were caught posting pamphlets, written by the Sons of Liberty, but

signed with the names of British soldiers. This caused a riot, wherein over 3000 citizens of New

York forced British soldiers onto Golden Hill, where there was a small skirmish between the two

groups. The rioters drove the British soldiers back to their barracks in the city.146

Although the Golden Hill Riot was a grave event that could have caused more agitation,

it did not induce the type of continuing agitation seen in earlier periods. The riot itself did not

cause radicals in other states to rally to the aid of the New York Sons of Liberty. It might have,

had it not been followed by news of the repeal of the Townshend Acts. However, news of the

repeal did come, which calmed the tension in New York City.

The Boston Massacre

On March 5, 1770, a British soldier struck a young barber’s apprentice, a boy named

Edward Garrick or Gerrish,147 with the butt of a gun, because the boy taunted the soldier. Some

historians claim that other soldiers also attacked the boy, while others do not make mention of

it.148 A group of colonists, coming to help the boy, then started to taunt the soldiers and throw

snowballs and chunks of ice at them. As the crowd grew, the British officer in charge, Captain

Thomas Preston, chose to call for reinforcements, which caused a standoff between the mob of

146
Albert Ulmann. “The Battle of Golden Hill.” New York Times, September 17, 1898.
http://query.nytimes.com/mem/archive-free/pdf?res=FA071EFC3F5C11738DDDAE0994D1405B8885F0D3
(accessed December 22, 2010); Gerber, 34.; Knollenberg, Growth , 282-283. All citations to reprinted edition.

In his book Growth of the American Revolution, Knollenberg makes a note here that “an editorial note in Adams
147

Legal Papers III 94 says that the boy’s name was Gerrish” (note #45, 336).
148
Don Cook and Robert Middlekauff, both of whose books were written in the past 15 years, say that other soldiers
attacked the boy after the original soldier hit him with the gun. Earlier historians, such as Lawrence Henry Gipson in
volume XI of The British Empire (1965) and Knollenberg in Growth of the American Revolution (1975) make no
mention of British soldiers attacking the boy.

56
colonists and the British soldiers. As the colonists allegedly dared the soldiers to fire, someone

threw a chunk of ice, which caused a soldier to slip and fall. When the soldier regained his feet,

he fired, which caused the rest of the soldiers to open fire into the crowd as well. Three men,

Samuel Gray, James Caldwell, and the famous Crispus Attucks, died in the fighting. Two others,

Patrick Carr, and a seventeen-year-old boy named Samuel Maverick, died of their wounds

shortly thereafter. Six others, John Green, Robert Patterson, David Parker, Edward Payne,

Christopher Monk, and John Clark were wounded. The latter two were also only seventeen.149

Thomas Hutchinson, Acting Governor of Massachusetts, managed to turn away the mob

of people with the promise that he would see justice done. Captain Preston, the soldiers, and

four men in a nearby Customs House, accused of firing shots from the House, were arrested and

put on trial for murder. Three lawyers, one of whom was John Adams, defended Preston in a

separate trial in October of 1770. Evidence in the trial clearly showed that Preston had not fired

any of the deadly shots. In addition, the defense proved that Preston had gone to the Customs

House on official business. It was unclear at trial whether Preston gave the order to fire into the

crowd; some witnesses said he did give the order, others claimed he did not. A jury acquitted

Captain Preston not only of murder, but also of the lesser manslaughter charge.150

The other eight soldiers were tried in late November of the same year. John Adams

helped in their defense. The evidence in their case showed that the soldiers also entered the

Customs House legally. This meant that the group as a whole was not liable for the illegal act of

firing into the crowd. Evidence showed that two of the soldiers, Hugh Montgomery and Matthew

149
Cook, Long Fuse, 151-152; Knollenberg, Growth, 79; Gipson, Empire, volume XI, 276-277; Middlekauff,
Glorious Cause, 210-212; “A Military Combination: Report of a Committee of the Town of Boston (1770)” in
Colonies to Nation, 168.
150
Knollenberg, Growth, 87-88.

57
Killroy, had fired into the crowd, but only under extreme provocation on the part of the colonists.

Because of this evidence, only Montgomery and Killroy were found guilty of anything and, due

to the provocation under which they fired, they were only found guilty of manslaughter. The jury

acquitted the other six soldiers of all charges. 151

As unfortunate as this event was, and as angry as the colonists were because of it, the

Boston Massacre did not extend the kind of rhetoric that other events prior to this had. There

were no pamphlets written, no riots in the streets. Part of this had to do with the indisputable

evidence at the trials that the British soldiers had only fired upon the crowd once attacked. This

evidence helped calm the anger in Boston, although the acquittals did cause an increased sense of

distrust for a standing army in the colonies.152 In addition, the day after the “Massacre,” a Boston

town committee informed Acting Governor Hutchinson that he could calm the town by removing

British troops. As a result, Hutchinson ordered the withdrawal of troops from the city of Boston,

which further reduced the tension in the city, calming the populace.153

Every year, prominent figures in the city of Boston, such as John Hancock, memorialized

the Boston Massacre. Only those orations kept the event in the minds of the people. Hancock and

other radical leaders hoped to cause conflict using this propaganda. In fact, by 1775, many

listeners of the yearly orations had “forgotten” that the event was little more than a tragic street

brawl.154

151
Knollenberg, Growth, 88. In his notes to this section, Knollenberg makes mention of the fact that at least three
other soldiers had fired into the crowd, but there was no evidence to indicate that those shots had been fatal to
anyone in the crowd that night.
152
Jensen, Founding, 409.
153
Knollenberg, Growth, 89.
154
Knollenberg, Growth, 89; Jensen, Founding, 413.

58
However, after the short-lived tumult of the Boston Massacre, life in the colonies seemed

relatively quiet. Many of the good feelings colonists felt toward England were resurrected after

the repeal of the Townshend Acts. Although there was still the tax on tea, the non-importation

agreements passed by New York and other colonies began to disintegrate. Merchants imported

tea and molasses, and paid the taxes on both that just a few short years earlier had caused such

massive inter-colonial protest.155

The Gaspeé Affair

Although there were no British troops stationed in Boston, the customs officials charged

with collecting the taxes on the items indicated in the revenue portion of the Townshend Acts

stayed in the city to collect the taxes on those goods. The British Navy had given them several

warships to use in the execution of their duties.156 One of those ships was a revenue schooner

called the Gaspeé. In June of 1772, the Gaspeé was patrolling the shores of Narragansett Bay,

when it ran aground after pursuing a ship believed to be smuggling tea from Holland. A group of

colonists from Rhode Island boarded the Gaspeé, removed the crew, and burned the ship to

ashes.157

Authorities offered a reward of one hundred pounds for information leading to the

conviction of the people responsible for the burning of the Gaspeé. The Crown appointed a

commission of men, including the Chief Justices of New York, New Jersey, and Massachusetts,

Governor Wanton of Rhode Island, and the judge of the New England Admiralty District, to

investigate the incident. A new law passed in April, called the Dockyards Act of 1772, imposed

155
Morgan, Birth, 51-52.
156
Morgan, Birth, 53.
157
Cook, Long Fuse, 160-161.

59
a death sentence for “maliciously setting afire, burning, or otherwise destroying British men of

war, and, if the offense were committed outside the realm, for indictment and trial of the

offender or offenders ‘in any shire or county in this realm…any law, usage, or custom

notwithstanding.’”158 It was under this new law that authorities tried to send those who were

involved in the burning of the Gaspeé to England to face trial. This meant that if those who were

involved in the burning of the Gaspeé were caught, they could be sent to England to be hanged

for treason, as per the Dockyards Act of 1772. However, although the men who burned the ship

were well known in the community, and their participation in the incident was apparent, there

was no way to convict them. They were so well protected by their community and their

government that no evidence against them could be found.159 Because the perpetrators could not

be tried, the British government let the matter go without sending anyone to England to face

trial.160 It is an interesting coincidence to note that Parliament passed the Dockyards Act only

two months before the Gaspeé ran aground—time enough for news of the Dockyards Act to be

known in the colonies.

The three years after the repeal of the Townshend Acts were relatively quiet ones. There

was some agitation; however, the agitation that occurred during these three years was not very

much, and it did not last much past the events themselves. In fact, the Golden Hill Riot that

occurred in January of 1770 is an event that is rarely, if ever, mentioned when speaking about

this period before the American Revolution occurred. Unlike the first phase of protest from 1763

to 1769, where everything the British did incited a large colonial response that included

economic sanctions and published pamphlets, this period of quiet from 1770 to 1773 did not

158
“Dockyards Act of 1772” in Knollenberg, Growth, 94.
159
Gipson, Coming, 208-209.
160
Knollenberg, Growth, 97.

60
incite any of that in the colonies. In fact, during those three years, officials enforced trade

restrictions and collected customs duties better than ever before in colonial history.161

Were something like the Golden Hill Riot to occur in the time between 1763 and 1769, or

were it to occur later, in the second phase of protest from 1773 to 1776, it would have incited

mass violence across all the colonies, not just a small riot in New York City that is rarely

mentioned. Something similar could be said for the Boston Massacre. If the Massacre had

occurred in either the first or the second phase of protest, it also would have incited violence

throughout the colonies, not just in Boston. News of these events did not even leave their

respective colonies, as few historians mention any of these events in conjunction with a response

in another colony. These situations broke out only in local situations where no other alternative

was available. In the case of the Gaspeé, for example, a group of Providence citizens complained

about the ship’s severity with all vessels along the coast of Rhode Island three months before the

burning of the ship, and they were ignored.162One could argue, then, that the reason these events

did not incite revolution is because the colonists were content to keep the status quo, and only

fought when no other alternative was available to them.

It is true that these events do not sound “quiet.” However, when compared to the unrest

that preceded these years, and the Revolution that followed, these are, in fact, quiet events that

do not make waves outside the places in which they occurred. Opposition to Parliament’s

taxation all but disappeared during these years, with merchants importing the items that had

previously been forbidden under the non-importation agreements, and attention turned away

161
Gerber, Revolution, 35.

162
Pauline Meier. From Resistance to Revolution: Colonial radicals and the development of American opposition to
Britain, 1765-1776 (New York: Alfred A. Knopf, 1971; repr. New York: W.W. Norton and Co., 1991), 11. All
citations to reprinted edition.

61
from such lofty ideals as whether or not Parliament had the right to tax the colonies. Indeed, the

way the non-importation agreements passed in protest of the Townshend Acts disintegrated in

the colonies put an end to the perceived unity of the colonies themselves.

Additionally, as one commentator stated, the reason for the decline of agitation was

because “‘they have already sufficiently informed the Parliament, and the people of Great-

Britain, what their sentiments and intentions are and are now waiting to see whether Great-

Britain will restore their liberties.’”163 Radicals, and some patriot historians164 tried to deny that

this period was calm, because it suited their purposes of arguing British “tyranny.” However, the

colonists had already exhausted peaceful modes of redress, and had no choice but to wait.

163
Meier, Resistance, 221.
164
John Ferling stated that the years between 1770 and 1773 should be called the “‘time of peril,’ as these were the
years of optimum danger for the popular movement.” See Ferling, Leap, 88.

62
CHAPTER THREE: CATALYST

By 1773, the East India Tea Company, one of the largest companies in the Empire, was

going bankrupt. Tea was a popular drink throughout the Empire, and by the mid-eighteenth

century, ninety percent of the East India Company’s profits came from the sale of tea. However,

the East India Company had to pay high taxes on its tea. The Company paid two taxes on its tea.

The first tax was paid when the tea landed in England and the second when the tea entered

America as part of the Townshend Acts. As a result, the price of English tea from the East India

Company was higher than the price of Dutch tea, which could be easily smuggled into the

colonies.165

In addition to the problem of smugglers, the East India Company had not adequately

handled its profits. In 1767, the Company believed it would be extremely prosperous, estimating

a profit of over £2.1 million. By 1773, the East India Company, having been required to pay a

yearly sum of £400,000 to the government, as well as the expense of renewing its charter and

trying to recoup losses from forts and wars, was over £800,000 in debt.166 As a result, by 1773

the East India Company was on the verge of collapse, which was dangerous to the British

165
Jensen, Founding, 434.
166
Gipson, Empire XII, 12-13.

63
economy because the Company was very large, and the public at large invested money in the

Company itself.167

A third problem was the sudden failure of several important banks in the spring of 1772,

which set off a financial panic and an economic depression throughout Great Britain and Europe

as a whole for a full year. The Company’s sale of tea that fall was a complete failure. The

Company could not afford to repay its long overdue loan of £300,000, and the Bank of England

refused to grant another extension.168

It was within this atmosphere of panic that Lord North proposed the Tea Act, based on an

idea by Robert Herries169 in a pamphlet called The Present State of the East India Company’s

Affairs…. Herries pointed out that the East India Company had about 18 million pounds of tea in

storage. If the Company could sell the tea in Europe, even if it sold the tea at a loss, the

Company would be able to eliminate fees for storage, deterioration of the tea, and interest

charges. In addition, Herries argued that, although depositing that amount of tea into the

European market would lower prices, it was possible that other tea companies in Europe would

be driven out of the tea market altogether, leaving the entire market to the English.170

Lord North considered Herries proposal. North knew that the tea had accumulated

because the colonies refused to import the tea. New York, for example, imported only 530

pounds of English tea in 1772, whereas in 1767, 320,000 pounds of tea were imported.

167
Gipson, Empire XII, 16.
168
Benjamin Woods Labaree. The Boston Tea Party (Boston: Northeastern University Press, 1979) 61.
169
In The Boston Tea Party, Labaree makes mention of the fact that it is uncertain who Robert Herries was. Labaree
notes that there were two stockholders in the East India Company with this name, one designated “Sr.,” and the
other as “Esq.” There is also a banker with this name who was knighted and later sat in the 15 th Parliament. See
Labaree, 66-67.
170
Labaree, Tea Party, 67.

64
Philadelphia also decreased its importation of English tea, from 175,000 pounds in 1767 to just

128 pounds.171

North also knew that another part of this issue was the fact that the East India Company

paid two taxes on its tea. However, North proposed, were one of the two taxes to be eliminated,

the price of tea from the East India Company would be equal to or less than what it cost to

smuggle tea in from places such as Holland. This would fix the American market, restore the

relationship with the Americans, rid the storehouses of the mountains of tea that had built up,

and save the East India Tea Company, in a single action—or so Lord North thought.172 In May

of 1773, Parliament passed the Tea Act.

The Tea Act gave the East India Tea Company a monopoly on tea, stating “that there

shall be…allowed for all teas, which…shall be sold at the publick sales of the said united [East

India] company…and which shall…be exported from this kingdom, as merchandise, to any of

the British colonies or plantations in America, the whole of the duties of customs payable upon

the importation of such teas.”173 The colonists would not have seen much of a difference in

terms of monies paid toward tea; after all, there had been a tax on tea since the passage of the

Townshend Acts in 1767. The only thing that the Tea Act would have done was provide relief

for the East India Tea Company by way of making sure all tea imported into the colonies

belonged to it. The East India Tea Company demanded to be the sole importer of tea into the

colonies, thereby forming a monopoly on the tea trade.174

171
Jensen, Founding, 439.
172
Cook, Long Fuse, 166-167.
173
“A Rescue Operation: The Tea Act (May 10, 1773)” in Colonies to Nation, 196.
174
Gipson, Coming, 218.

65
At first, it did not seem as though the colonists would take issue with the new act.

Bernhard Knollenberg, using copies of the New York Gazette and the Connecticut Journal, stated

that the colonists seemed to think that the Tea Act repealed the duty on tea imposed by the

Townshend Acts. The Philadelphia Gazette, in its June 9, 1773 edition, published part of a letter,

stating, “it is now pretty certain that the Tea Act will be repealed.”175

However, it quickly became apparent that the duty on tea imposed by the Townshend

Acts was not repealed, and that the East India Company was to have a monopoly on tea. With

this news, the colonists exploded. To the colonists, the Tea Act did not give them a choice. It was

a monopoly for the East India Company that would run local merchants out of business; once it

did, the colonists thought, the price of tea would rise precipitously, and the tax on the tea would

rise with it.176 In addition to the possibility of a monopoly on tea, the colonists feared the East

India Company would then have the ability to secure legislation enabling it to have a monopoly

on all East Indian products.177

The Pennsylvania Gazette published a pamphlet that stated, “It must be strongly marked

on your minds, that the end of the last non-importation agreement, was to obtain a repeal of the

tyrannical act of Parliament, that imposed a duty on glass, painters colours, paper, tea, &c. which

was designed to raise a revenue from you without your consent.”178 The pamphlet went on to say

“Extract of a Letter from London, dated April 8,” Pennsylvania Gazette, June 9, 1773, found at http://0-
175

www.accessible.com.www.consuls.org/accessible/print?AADocList=2&AADocStyle=STYLED&AAStyleFile=&A
ABeanName=toc1&AANextPage=/printFullDocFromXML.jsp&AACheck=3.14.2.0.14, accessed December 3,
2010; Knollenberg, Growth, 107-108.
176
Morgan, Birth, 59.
177
Knollenberg, Growth, 108.

“Handbill,” Pennsylvania Gazette, November 17, 1773, found at http://0-


178

www.accessible.com.www.consuls.org/accessible/print?AADocList=6&AADocStyle=STYLED&AAStyleFile=&A
ABeanName=toc1&AANextPage=/printFullDocFromXML.jsp&AACheck=2.14.6.0.4, accessed December 3, 2010.

66
that, until Parliament repealed the Tea Act, the only honorable thing to do was “to maintain the

non-importation agreement…and several resolutions…of the inhabitants of this city, declare, that

‘Whoever shall aid, or abet, the importation of any article, subject to a duty, by act of Parliament,

for the purpose of raising a revenue upon you, or otherwise assist in the execution of any such

acts , shall be deemed an enemy to the liberties of America.’”179

Colonists were angry because they assumed that, in order to help stabilize the East India

Company, Parliament would repeal the tea tax altogether.180 In addition, due to their English

heritage, colonists had a deep mistrust of monopolies as whole. Some colonists argued that the

Tea Act would allow the East India Company to enslave America as it had enslaved India.181 The

fact that the Company would have the ability to sell directly to colonial retailers, while keeping

the tax on it, caused concern that the Company’s monopoly would cause a rise in tea prices.182

More than that, colonists feared that if the East India Company had one monopoly, the Company

could monopolize all foreign commerce in the colonies.183

In addition, by 1773, the idea that Parliament had no right to tax the colonies was

widespread, even if the colonists did not make the argument public. Colonists believed that

Parliament was trying to drastically restructure the colonies, and to restrict liberty in every sector

of American life. This belief seemed to be made true when a series of letters written by

Hutchinson and Lieutenant Governor Andrew Oliver made their way to the colonies.184

179
“Handbill” in Pennsylvania Gazette.
180
Jensen, Founding, 438.
181
Jensen, Founding, 440.
182
Gipson, Empire XII, 75.
183
Labaree, Tea Party, 91.
184
Ferling, Leap, 100.

67
Early in 1773, Benjamin Franklin had come across a set of thirteen letters, dated from

1767 to 1769. Although the letters were old, their contents were no less volatile. In one letter,

Hutchinson wrote that “‘there must be an abridgement of what are called English liberties.’”185

Once the letters arrived in Massachusetts, Samuel Adams proceeded to circulate them throughout

the colony. Almost immediately, there was a demand to removed Hutchinson, insisting that he

was conspiring against the government established by the Massachusetts charter of 1691.186

When the petition to remove Hutchinson reached Parliament, the committee called

Franklin to testify on it. Instead, Parliament’s solicitor general, Alexander Wedderburn, verbally

attacked Franklin. The committee dismissed the petition to remove Hutchinson, and stripped

Franklin of his position as deputy postmaster-general for the American colonies.187 The attack

upon Franklin by Wedderburn and his removal from office caused Franklin to turn from the

British government and become more radical.

The Tea Act Protests

The passage of the Tea Act also caused more than just written vitriol. By November, the

first ships carrying the East India tea started to arrive in the colonies, but many of the Company’s

agents were not there to oversee it, as colonists in Charleston, Philadelphia, and New York

forced the agents to resign their posts.188 The first of the ships to land in the colonies was the

London, bound for Charleston, South Carolina. Although it sailed peacefully into the harbor,

colonists in the city prevented its cargo from being unloaded. The London idled in the harbor for

185
Cook, Long Fuse, 171.
186
Cook, Long Fuse, 172.
187
Cook, Long Fuse, 185.
188
Christopher Hibbert. Redcoats and Rebels: The American Revolution through British Eyes. (New York: W.W.
Norton and Co., 2002), 20.

68
three weeks before the royal governor confiscated it for nonpayment of duties. However, instead

of the tea being put on the market to be sold, it sat in a warehouse for a full year while members

of Charleston’s Sons of Liberty guarded it.189

In New York, the news of the Tea Act caused such protest in the streets that that the royal

governor of New York wrote to London, claiming that “blood would run in New York’s streets if

an attempt was ever made to unload the dutied tea. If, and when, the Nancy arrived with its cargo

of tea…he would not permit it to enter New York Harbor.”190 Philadelphia followed a similar

track. When the Polly arrived at the foot of the Delaware River, several miles from Philadelphia

itself, it was made very clear that attempts to unload the tea would result in “ ‘ten gallons of

liquid tar decanted on your pate—with the feathers of a dozen wild geese laid over that”’191.

Instead of trying to unload the tea, the Polly promptly turned around and went back to London.192

The most explosive events happened in Boston. Three ships landed in Boston Harbor—

the Dartmouth first, followed by the Beaver and the Eleanor. When the Dartmouth landed, it

needed to pay the duties on its cargo within twenty days; if it did not, the cargo would be seized

and stored. The owner of the Dartmouth, Francis Rotch, wanted the ship unloaded, as there was

other cargo that Rotch wanted loaded onto the ship. Previously, however, Rotch had indicated

that he would send his ship back to England without having unloaded the tea. 193 The colonists in

Boston, however, wanted neither option. They were adamant that the tea stay on the ship. They

believed it was unacceptable to allow the tea to land and have the duties on it paid; it was

189
Ferling, Leap, 101-102.
190
Ferling, Leap, 102.
191
Middlekauff, Glorious Cause, 228.
192
Cook, Long Fuse, 102-103.
193
Middlekauff, Glorious Cause, 231.

69
likewise unacceptable to store the tea pending instructions from England, as either of these

options meant the possibility of the tea being available to sell on the market.194

There were only two ways for the Dartmouth to leave port without having to pay the

duties on the tea or have the tea seized: the captain would have to sail the Dartmouth out of port

secretly with the tea still on board, or sail her out openly with a pass from either the customs

officials of Boston or Governor Hutchinson. Hutchinson had already refused to allow vessels

without clearance to leave the harbor, thereby eliminating the first option. Hutchinson also

refused Rotch a pass to allow the Dartmouth to leave port, as did the customs officials in Boston,

thus removing the second option as well. Hutchinson seemed to have no idea that any harm

would come to the tea, considering that there was a significant number of troops guarding the

cargo.195 The East India Tea Company found that “at Boston it still had agents but no tea, at

Charleston, tea (held by the customs officials) but no agents, and at Philadelphia and New York

neither agents nor tea.”196

On the night of December 16, 1773, between fifty and one hundred men,197 disguised as

Mohawk Indians, boarded the three ships docked in Boston Harbor and, with what Ferling

described as military precision, brought the heavy tea chests on deck, broke them open with axes,

and dumped their contents over the sides of the ships. In a little over four hours, the men dumped

194
Cook, Long Fuse, 176.
195
Knollenberg, Growth, 110-112.
196
Knollenberg, Growth, 116.
197
There are different interpretations of the men who were dressed as Mohawk Indians. In A Leap in the Dark, John
Ferling claims thirty men were dressed as Indians, and met up with 100 men “whom Samuel Adams subsequently
identified as residents of communities outside Boston and who consequently saw no need for any concealment
beyond a blackened face” (106). Middlekauff claims there were “about fifty men ‘dressed in Indian manner,’ face
darkened and bodies wrapped in blankets” (232), while Knollenberg (Growth) claims there were between forty and
fifty men (114).

70
over 300 chests of tea into the Harbor, and destroyed over $1 million in today’s currency.198

Nobody in Boston seemed to know anything, including the identity of the perpetrators.

Reactions in Charleston, New York, and Philadelphia were less severe, equating to non-

importation, as the protests there were limited to demanding the resignations of the tea agents

and refusing to allow the tea into harbors or markets. These actions were very similar to those

encountered during the Stamp Act crisis in 1765, and later, the Townshend Act crisis of 1767-

1769. Boston’s reaction, however, was quite different.

Boston’s reaction to the Tea Act was the most radical, and part of that is because, unlike

those in New York and Philadelphia, Boston’s tea agents refused to resign their commissions.

Instead, they fled into Castle William, the island in Boston Harbor where the British troops were

stationed.199 Likewise, Governor Hutchinson, unlike governors in other colonies, had nothing to

lose by being inflexible, and a great deal to lose if he did not make a good faith effort to enforce

the Tea Act.200

Another reason that Boston’s reaction was so volatile was to preserve the city’s

reputation. Bostonian merchants had imported over 3000 chests of English tea since 1768 in

violation of the non-importation agreements. This information damaged Boston’s reputation as

the center of radicalism in the colonies. The Boston Tea Party, then, was a desperate gamble to

restore Boston’s reputation, as well as gain back the confidence of radical leaders in other

colonies.201

198
Ferling, Leap, 106; Cook, Long Fuse, 177.
199
Labaree, Tea Party, 118.
200
Ferling, Leap, 103.
201
Labaree, Tea Party, 112; Jensen, Founding, 452.

71
As news came in to England from other colonial ports, it was clear that only Boston

destroyed the tea. People ignored the fact that tea had not landed in Philadelphia or New York;

the fact that colonists in Boston destroyed private property caused a fierce outrage in London.202

Even other British subjects were angry; many believed the colonists were not justified in

their defiance. Newspapers in London began to receive letters advocating coercion as the only

method to restore Boston’s senses. Some insisted that all Bostonians had to do was refuse to

purchase the dutied tea.203

When the news of the Boston Tea Party reached Parliament, the reaction to it was

explosive. Those who had argued for reconciliation with the colonies were completely silenced.

Shock and indignation turned to anger and outrage at the colonies. The decision to move against

the colonies was almost unanimous—this time, it seemed, the colonists had gone too far. They

had destroyed private property when they threw the tea into the Harbor.204 If Parliament did

nothing about the colonies’ transgressions, the colonies would become completely independent.

If the supremacy of Parliament and the Crown were not asserted, it would be lost.205 For King

George III, the destruction of the tea was the last insolence he was willing to overlook. The tea

party represented an overt attack on England herself, and challenged England’s status as the

mother country. The Crown had attempted concessions; compulsion was necessary now.206 To

this end, North prepared the Coercive Acts.

202
Labaree, Tea Party, 176-177.
203
Labaree, Tea Party, 179.
204
Cook, Long Fuse, 179.
205
Ferling, Leap, 233.
206
Cook, Long Fuse, 180; Labaree, Tea Party, 178.

72
The Coercive Acts

The Coercive Acts, known in the colonies as the Intolerable Acts, were a series of four

acts aimed at punishing the colony of Massachusetts in general and the city of Boston

specifically. The first act was the Boston Port Act. This act closed the port of Boston, shutting

down all commercial shipping in Boston Harbor by forbidding “any goods, wares, or

merchandise whatsoever, to be transported or carried into any other country…or … any goods,

wares, or merchandise whatsoever, to be brought from any other country, province, or place.”207

The port of Boston would stay closed until the city paid for the damaged tea, stating “it shall

sufficiently appear…that full satisfaction hath been made…to the united company…for the

damage sustained…by the destruction of their goods sent to the said town of Boston.”208

The second act passed was the Massachusetts Government Act. The Massachusetts

Government Act altered the charter of Massachusetts by removing the ability of the colonists to

vote for members of the government. The act stated “that… much of the charter, granted …to the

inhabitants of …Massachusetts Bay… and all and every clause… which relates to the time and

manner of electing the assistants or counselors…be revoked, and is hereby revoked and made

void and of none effect.”209 The government of Massachusetts instead would be made up of

people appointed by King George, stating “the council… shall be… nominated and appointed by

his Majesty…agreeable to the practice now used in…his Majesty’s other colonies in

America.”210

207
“The Boston Port Act: March 31, 1774, article I” in Yale University Avalon Project.
208
“Boston Port Act, article X” in Yale University Avalon Project.
209
“Massachusetts Government Act: May 20, 1774, article I” in Yale University Avalon Project.
210
“Massachusetts Government Act: May 20, 1774, article I” in Yale University Avalon Project.

73
The Massachusetts Government Act also allowed the King to “nominate and appoint,

under the seal of the province…and also to remove, without the consent of the council, all judges

of the inferior courts…the attorney general, provosts, and other officers…”211

The third act, the Administration of Justice Act, allowed the governor to move trials of

accused royal officials to another colony or even to Great Britain if he believed the official could

not get a fair trial in Massachusetts, stating “that if any inquisition or indictment shall be

found…in the province of Massachusetts Bay…and it shall appear…that an indifferent trial

cannot be had within the said province, in that case, it shall…be tried in some other of his

Majesty’s colonies or in Great Britain….”212

The fourth act was the Quartering Act. The Quartering Act was the only Coercive Act

that applied to all the colonies equally, and sought to create a more effective method of housing

British troops in America. The Quartering Act required colonists to house British troops in their

homes “where no barracks are provided by the colonies.”213 In addition, the Quartering Act

allowed for the taking of “uninhabited houses, out-houses, barns, or other buildings, as he shall

think necessary…and make fit for the reception of such officers and soldiers, and to put and

quarter such officers and soldiers therein, for such time as he shall think proper.”214

A fifth act, the Quebec Act, was not technically part of the Coercive Acts. However,

because of the timing of the passage of this act, it was combined with the others in the minds of

the colonists as part of the Intolerable Acts. The Quebec Act stated “that his Majesty's Subjects,

211
“Massachusetts Government Act, article III” in Yale University Avalon Project.
212
“Administration of Justice Act: May 20, 1774, article I” in Yale University Avalon Project.
213
“The Quartering Act; June 2, 1774, article I” in Yale University Avalon Project.
214
“Quartering Act, article II” in Yale University Avalon Project.

74
professing the Religion of the Church of Rome of and in the said Province of Quebec, may have,

hold, and enjoy, the free Exercise of the Religion of the Church of Rome.”215 In addition, the

Quebec Act gave the people of Quebec certain rights that were taken when France ceded Canada

to the English, including the right to French civil law, and expanded the territory of Quebec to

include most of the Ohio country, including parts of Minnesota, Indiana, Illinois, Michigan,

Wisconsin and Ohio.216 This piece of the law altered pieces of the Proclamation of 1763 by

expanding the boundaries of the Northwest Territory, as it permitted the establishment of civil

government over French settlements in that region. In addition, the Quebec Act removed the

military government under which Quebec had been living since 1763.217

To the colonists, the Quebec Act might have been the hardest to reconcile. Before the

Treaty of Paris in 1763 that ended the French and Indian War, the Québécois had been

thoroughly French and, as a result, the enemy of the American colonists. It was only with peace,

and the establishment of British law in Canada, that the Québécois became somewhat less of a

perceived threat to the colonists. With the passage of the Quebec Act, the Québécois no longer

had to follow British law; they could follow French law. They were no longer required to speak

English; they could speak French. The Act also recognized the Catholic Church. New

Englanders specifically perceived the Quebec Act as a systematic threat to English institutions

and law. France and England were enemies still; by allowing those on their borders to be

French, the Quebec Act made the Québécois a threat once again.218

215
“The Quebec Act: October 7, 1774, article V” in Yale University Avalon Project.
216
“The Quebec Act: October 7, 1774” in Yale University Avalon Project.
217
Knollenberg, Growth, 141-145. The Quebec Act had been projected before the Boston Tea Party occurred and,
had it been introduced without the taint of the Boston Tea Party, Parliament likely still would have passed it. See
Knollenberg, Growth, 142.
218
Gerber, Revolution, 56.

75
The Coercive Acts mostly focused on Boston, and with good reason. Boston had a

reputation for being the heart of protest in the colonies, and the worst of the colonies in defying

the authority of England, dating back to the Stamp Act protests in 1765.

By June, Parliament passed, and King George III approved, four of the Coercive Acts.

Although the approval for the bills was overwhelming, there were a few voices in Parliament

who spoke against them. One such person was Edmund Burke, who stated that the root of the

problem in the colonies went back to England’s need to raise revenue there, and that “Parliament

was ‘meanly trying to sneak out of the difficulties into which [it] had proudly strutted.’”219 These

voices, however, were not heard.

219
As quoted in Cook, Long Fuse, 189.

76
CHAPTER FOUR: REVOLUTION

News of the passage of the Boston Port Act reached Boston on May 10, 1774. Three days

later, the Boston Committee of Correspondence, founded two years prior in response to

Hillsborough’s denial to allow the Massachusetts legislature to meet, responded with a circular

letter, stating that “This attack, though made immediately upon us, is doubtless designed for

every other colony who will not surrender their sacred rights and liberties into the hands of an

infamous ministry. Now therefore is the time when all should be united in opposition to this

violation of the liberties of all.”220 In addition, the Boston Committee called for non-importation

and –exportation agreements, stating that “The single question then is, whether you consider

Boston as now suffering in the common cause…If you do (and we cannot believe otherwise),

may we not from your approbation of our former conduct in defense of American liberty, rely on

your suspending your trade with Great Britain at least.”221

Boston sent out a rally call and a call for help to the rest of the colonies. Providence,

Philadelphia, and New York City all responded quickly. Providence indicated that the best move

would be to convene a Congress in order to reach a cohesive agreement as to what to do next.

220
“Circular Letter of the Boston Committee of Correspondence; May 13, 1774” in Yale University Avalon Project.
221
“Circular Letter of the Boston Committee of Correspondence” in Yale University Avalon Project.

77
Philadelphia and New York both balked at the possibility of yet another boycott on British

goods; in Philadelphia’s case, at least “until an effort had been made for ‘reconciliation and

future harmony with our mother country.’”222 New York said something similar, indicating that

they too believed a general Congress would be the logical next step. Virginia’s House of

Burgesses , however, was different. Before Boston’s plea made it to Virginia, the House of

Burgesses had already decided to make the first day of June “‘a day of Fasting, Humiliation and

Prayer, devoutly to implore the divine interposition for averting the heavy Calamity which

threatens destruction to our Civil Rights….’”223

The First Continental Congress

The idea to convene a general congress was greeted with acceptance. During the summer

of 1774, the colonies elected delegates to meet in Philadelphia in September for what is now

known as the First Continental Congress. On September 5, 1774, fifty-six delegates from twelve

colonies224 met in Philadelphia to decide the next course of action.

What is important to note here is the formation of the Congress itself. The formation of

the Congress signifies a shift in who the colonists believed was sovereign. If Parliament was

sovereign, then the colonists had no authority to decide and implement policy in this manner.

The fact that they did meet in this manner proves a shift in sovereignty. They met, formed policy,

and developed the means to enforce that policy. This is the point at the American Revolution

began.

222
Knollenberg, Growth, 149.
223
As quoted in Knollenberg, Growth, 149.
224
Georgia was the only colony that did not send delegates to the First Continental Congress, due to its sparse
population and heavy dependence on Great Britain. (Knollenberg, Growth, 153).

78
Before the First Continental Congress could discuss anything, a troubling message came

from Boston. There were reports that “soldiers had fired on the People & Town at Boston”225

Another report stated that

During the meeting of the Congress an Express arriv'd to the Jersey Members giving
Intelligence that the soldiers had seized the powder in one of the Towns near Boston.
That a party was sent to take this; & that six of the Inhabitants had been killd in the
Skirmish. That all the Country was in arms down to Conneticut. That the Cannon fired
upon the Town the whole Night.226

The reports were wrong, as it turned out. General Gage had sent troops to Cambridge and

Charlestown to seize arms stored there by the colonists, and in response to the confused reports,

militia from around Massachusetts and as far south as Connecticut had descended upon Boston.

Known now as the Powder Alarm, this event had a significant effect on the Congress. Although

the provocation was on the British, not the colonists, it caused the Congress to realize that one

misstep by either side would start a chain reaction of violence that could end any chance for

peaceful resolution.227

Once the First Continental Congress realized the news from Boston was false, it turned to

matters of more import, such as how to vote. Larger, more populous colonies argued for a

population-based vote. Patrick Henry of Virginia argued that smaller colonies should not have

the same power as larger colonies to decide policy. John Sullivan, a delegate from New

225
Paul H. Smith, et al., eds. Letters of Delegates to Congress, 1774-1789. 25 volumes, Washington, D.C.: Library
of Congress, 1976-2000), 1:32, http://memory.loc.gov/ammem/amlaw/lwdg.html, accessed December 29, 2010.
226
Letters of Delegates, 1:32.
227
Jack Rakove. Revolutionaries: A New History of the Invention of America. (New York: Houghton Mifflin
Harcourt, 2010), 55.

79
Hampshire, argued the opposite—that smaller colonies should have just as much weight in

decisions as larger colonies.228

The delegates chose the method of one colony, one vote when it became apparent that the

Congress did not have the ability to properly proportion voting.229 This was important for two

reasons. The first is that it favored the smaller colonies, such as Rhode Island and Connecticut.

Secondly, this method of voting was indicative of future decisions--the Articles of

Confederation, America’s first independent government, required each state to have one vote. In

addition, one of the plans for the United States Constitution allowed for the idea of one state, one

vote.

The next thing Congress had to do was discuss the tone it would take with England. The

choice was between a declarative statement of rights versus a conciliatory attitude.230

The Congress also needed to answer the most important question: did Parliament have

the authority to tax the colonies? Many Americans had already arrived at the conclusion that

Parliament did not have that power well before the repeal of the Stamp Act in 1765; the

difference was that at that time, colonists believed Parliament had the power to legislate. The

colonists had made distinctions between taxation and legislation for years, protesting colonial

taxation but not protesting trade regulations passed by Parliament, thus allowing for

Parliamentary sovereignty.

By 1774, however, the consensus was that Parliament had no power over the colonies at

all. England had ridiculed colonial distinctions between taxation and legislation. In addition,

228
Knollenberg, Growth, 168-169.
229
Journals of the Continental Congress, 1:25; Knollenberg, Growth, 169.
230
Jack Rakove. The Beginnings of National Politics: An Interpretive History of the Continental Congress (New
York: Alfred A. Knopf, 1979), 27.

80
Parliament had made it abundantly clear through the years that the colonists’ liberties could be

taken away by either taxation or legislation. However, the colonists did not understand why

Parliament had a right to take those liberties away; as British subjects, they believed they had the

same rights as those living in England.

Many colonists had long ago concluded that, since they did not have proper

representation in Parliament, Parliament had no authority to tax them. However if, as Parliament

indicated, taxation and legislation were the same, Parliament therefore had no right to legislate

either, and thus no authority over the colonies at all.231 Not even Joseph Galloway, one of the

staunchest moderates in the First Congress, defended claims of parliamentary supremacy.232 The

affirmation that Parliament had no authority over the colonies is the first piece of evidence

showing the shift in sovereignty from the British government to the new American government.

The next issue put before the First Continental Congress was the question of the

colonists’ rights as British subjects. This was not a new issue, however. Colonists had been

arguing their rights as British subjects since James Otis’s “Rights of the British Colonies.” The

Congress appointed a committee, which included Richard Henry Lee from Virginia, Samuel

Adams and John Adams from Massachusetts, and Roger Sherman from Connecticut. The

purpose of the committee was for stating “the rights of the colonies in general, the several

instances in which these rights are violated or infringed, and the means most proper to be

pursued for obtaining a restoration of them.”233

231
Middlekauff, Glorious Cause, 241; Morgan, Birth, 62-63.
232
Rakove, Beginnings, 60.
233
Journals of the Continental Congress, 1:26-29.

81
In early September, in Suffolk County, Massachusetts, a group of men met and

formulated the Suffolk Resolves. The Resolves was a list of resolves and declarations in protest

of the Intolerable Acts passed by Parliament. The Suffolk Resolves stated that the Intolerable

Acts were unconstitutional, stating that “late acts of the British parliament… are gross infractions

of those rights to which we are justly entitled by the laws of nature, the British constitution, and

the charter of the province.”234 The Suffolk Resolves answered the question of the rights of the

colonists.

In addition, the Suffolk Resolves argued that the colonists were not obligated to obey the

Intolerable Acts, instead stating that “they be rejected as the attempts of a wicked administration

to enslave America.”235

The Suffolk Resolves also stated that the Quebec Act was “dangerous in an extreme

degree to the Protestant religion and to the civil rights and liberties of all America; and,

therefore, as men and Protestant Christians, we are indispensably obliged to take all proper

measures for our security.”236 The Suffolk Resolves also made mention of a non-importation

agreement, stating

That until our rights are fully restored to us, we will, to the utmost of our power, and we
recommend the same to the other counties, to withhold all commercial intercourse with
Great-Britain, Ireland, and the West-Indies, and abstain from the consumption of British
merchandise and manufactures, and especially of East-Indies, and piece goods, with such
additions, alterations, and exceptions only, as the General Congress of the colonies may
agree to.237

234
Journals of the Continental Congress, 1:33.
235
Journals of the Continental Congress, 1:33.
236
Journals of the Continental Congress, 1:35.
237
Journals of the Continental Congress, 1:36.

82
The Suffolk Resolves were extremely fierce in wording, claiming the Intolerable Acts were not

simply unconstitutional; they claimed the charter of Massachusetts was “annihilated” and called

the Intolerable Acts “murderous.”238

However, there was more in the Suffolk Resolves than ire. Within the Suffolk Resolves

was also the promise of restraint. In the twelfth resolution, the Suffolk Resolves stated that

“nevertheless, from our affection to his majesty, which we have at all times evidenced, we are

determined to act merely upon the defensive, so long as such conduct may be vindicated by

reason and the principles of self-preservation, but no longer.”239 The Suffolk Resolves made it

very clear to whoever was reading it that the colonies would only react defensively, thus cutting

out the fear that the colonists would attack British soldiers first. Paul Revere went with a copy of

the Suffolk Resolves to the First Continental Congress in Philadelphia. It arrived on September

16, 1774, and was introduced to the Congress the following day.240

The Suffolk Resolves was not the only possible option before the Congress. Joseph

Galloway, a moderate delegate from Pennsylvania, put forth something now called Galloway’s

Plan of Union, on September 28, 1774. In a letter to Richard Jackson, a friend of Galloway’s

and a member of Parliament, Galloway asked “is it not high time…that both Countries should

retreat a little, and take other Ground, seeing That, which they are now upon, is likely to prove

dangerous and distressing to Both?”241 Galloway, it seemed, knew, or at least suspected, that the

238
Journals of the Continental Congress, 1:32.
239
Journals of the Continental Congress, 1:35.
240
Raphael, First American Revolution, 151.

“The Search for a Middle Way: Joseph Galloway to Richard Jackson (Aug. 10, 1774)” in Colonies to Nation,
241

240.

83
path the colonies were on would lead to separation with Great Britain, and was willing to do

anything he could to stop it.

Galloway stated that the colonies had profited from a relationship with Great Britain;

they were safe from outside forces due to British protection, they prospered under the British

Empire’s economy, and they had more freedoms than most other European countries.242

Galloway proposed a compromise that called for the establishment of an American legislature,

called the Grand Council, which would be “chosen by the Representatives of the people of the

several colonies, in their respective assemblies.”243 This Grand Council would govern relations

between the colonies themselves, but also would govern imperial affairs in America. Galloway

claimed that the Grand Council “be an inferior and distinct branch of the British legislature,

united and incorporated with it” and that “in time of war, all bills for granting aid to the crown,

prepared by the Grand Council and approved by the President General, shall be valid and passed

into law, without the assent of the British Parliament.”244 The President General for which

Galloway allowed was a person appointed by the King of England to oversee and work with the

Grand Council.245 Under this plan, the General Council in the colonies would exist as a third

house of Parliament, and would share power with the House of Commons and the House of

Lords. This meant that the General Council had to agree to taxes and other legislation before

242
Ferling, Leap, 117.
243
Journals of the Continental Congress, 1:49.
244
Journals of the Continental Congress, 1:51
245
Journals of the Continental Congress, 1:50.

84
enforcing such things in the colonies. With the addition of a General Council, the colonies would

finally have proper representation.246

Galloway’s Plan of Union attempted a compromise—something that would help the

colonies avoid war with Great Britain while retaining many of the freedoms the colonists had

come to enjoy. Galloway’s plan meant that the colonists would have adequate representation in

Congress—something they insisted they required in order to be taxed—and the King would

maintain sovereignty over the colonies. In return, the colonists would surrender a small portion

of their autonomy, and England would be required to relinquish some control over imperial

monopolies.247 On matters relating to the colonies, each body would have a veto over the other's

decisions. Galloway's plan would have kept the British Empire together, while allowing the

colonies to have some say over their own affairs, including the inflammatory issue of taxation.

The more popular leaders in Congress balked at Galloway’s plan. They claimed to want

to end disputes with England and establish American rights on a constitutional basis. While

Galloway’s plan was a solution, the popular leaders refused to acknowledge it.248 As a result,

when Galloway’s plan went up for a vote, the debate was fevered. However, it was defeated six

to five, with the delegates from Rhode Island unable to come to an agreement. On October 22,

Congress voted to remove all references to Galloway’s plan from the minutes.249 Considering

that many delegates believed that Parliament had no authority over them regardless, Galloway’s

246
Ferling, Leap, 118-119.
247
Ferling, Leap, 119.
248
Jensen, Founding, 499.
249
Rakove, Beginnings, 55.

85
Plan of Union seemed doomed almost from the start, as it required those same colonists to agree

that Parliament, in fact, did have some authority over them.

Galloway’s plan failed for three reasons. First, it would have required the colonists to

agree that Parliament had the right to tax them. Since the Stamp Act in 1765, the colonists had

resisted this idea. Galloway also had a consistent record of opposing any actions going against

the Crown, starting with the Stamp Act protests in 1765; therefore, he was not trusted among the

delegates in the First Continental Congress. Second, many people in Galloway’s conservative

faction during the Continental Congress opposed the non-importation agreement that later passed

and put into effect by the Continental Association. They opposed it knowing that merchants in

Philadelphia had already ceased ordering British goods, assuming another boycott would be put

into effect.250 Lastly, the mood of the majority of the delegates in Congress was not one of

compromise. They reasoned that, since Americans had compelled Parliament to rescind

unpopular laws twice before—in 1766 with the Stamp Act, and again in 1769 with the

Townshend Acts—there was no need to compromise.251

By contrast, the Suffolk Resolves reiterated everything the radical delegates in the First

Continental Congress wanted to hear. It declared that the Coercive Acts were unconstitutional

because Parliament had no authority over the colonies whatsoever, regardless of what Parliament

attempted in the Declaratory Act in 1766. The Suffolk Resolves confirmed the opinion of the

radicals in the Congress, and, as a result, the Congress passed the Resolves instead of Galloway’s

Plan of Union.

250
Ferling, Leap, 119-120.
251
Gipson, Empire XII, 251.

86
While Galloway’s plan was radical, when compared to the Suffolk Resolves, it seemed

almost too conservative. As a result, on October 14, 1774, the First Continental Congress agreed

to ratify the Suffolk Resolves, now called the Declaration of Rights and Resolves. These

Declarations and Resolves stated “that our ancestors, who first settled these colonies, were at the

time of their emigration from the mother country, entitled to all the rights, liberties, and

immunities of free and natural- born subjects, within the realm of England.” 252 As such, the

Declarations and Resolves states that “they by no means forfeited, surrendered, or lost any of

those rights, but that they were, and their descendants now are, entitled to the exercise and

enjoyment of all such of them, as their local and other circumstances enable them to exercise and

enjoy.”253

The passage of the Declarations and Resolves over Galloway’s plan is another example

of the shift in sovereignty from the British government to the new American government. Under

Galloway’s plan, Parliament was still sovereign. Even allowing for an American house in

Parliament, Parliament was still sovereign. Under the Declarations and Resolves, Parliament was

not sovereign. Congress did not pass Galloway’s plan; the colonists no longer viewed Parliament

as sovereign over them.

The next issue was how to implement the non-importation agreement spoken about in the

Suffolk Resolves. The problem arose in what, exactly, the colonies would boycott. The

consensus was that anything subjected to colonial duties levied by Parliament should be

boycotted, but there was less agreement on things considered to be indispensible yet could not be

smuggled from other countries, such as fishing equipment for New England or coarse cloth used

252
Journals of the Continental Congress, 1: 68.
253
Journals of the Continental Congress, 1:68.

87
for clothing slaves in the South. Furthermore, there was the argument of from where to boycott

these goods; many things came from other places within the British Empire, such as Ireland and

the West Indies.254

Because the delegates agreed that something had to be done, they passed a non-

importation agreement on goods from Great Britain, Ireland, or the British West Indies and later,

a non-exportation agreement on goods being sent to Great Britain, Ireland, or the British West

Indies. In addition, they passed a non-consumption agreement on all goods from Great Britain,

Ireland, or the British West Indies, including molasses, coffee, indigo, and slaves. This non-

importation, -exportation, and –consumption agreement was called the Continental Association.

In the Journals of the Continental Congress, the delegates explained the Continental

Association. They claimed that they were simply looking for a remedy for what they viewed as

“grievances which threaten destruction to the lives, liberty, and property of his majesty’s subjects

in North America.”255 The colonists believed that “a non-importation, non-consumption, and

non-exportation agreement, faithfully adhered to, will prove the most speedy, effectual, and

peaceable measure.”256 In the past, the colonists had implemented successful embargos of British

goods in protest of Parliamentary taxation, for the purpose of persuading Parliament to repeal the

taxation. The colonists believed this new embargo would give them political advantage against

Parliament—for what is uncertain, however Labaree mentioned that authorities were taking

254
Knollenberg, Growth, 161.
255
Journals of the Continental Congress, 1:76.
256
Journals of the Continental Congress, 1:76.

88
enforcement of the Boston Port Act so seriously that even vessels carrying firewood had to stop

and be unloaded for inspection before proceeding to Boston.257

The formation of the Continental Association imparted authority into the local

committees, transforming them into administrative agencies, existing to implement policies

instituted by the First Continental Congress.258 This is the best evidence of the shift in

sovereignty. If the colonists believed Parliament was sovereign over the colonies, the Continental

Association would not have passed. The fact that Congress passed it, and the colonies

implemented it, indicates that the colonists no longer viewed Parliament as sovereign over them;

rather, the colonists believed that the First Continental Congress was the sovereign body whom

they would obey.

The agreements were put forth in the Association, and had provisions for the non-

importation, -exportation, and –consumption agreements. It also included a provision for the

structure of the Association. This meant an election of groups of inspectors “whose business it

shall be attentively to observe the conduct of all persons touching this association.”259 It also

allowed the inspectors to publically name those who broke the agreements, “that such majority

do forthwith cause the truth of the case to be published in the gazette; to the end, that all such

foes of the rights of British-America may be publically known…and thenceforth we respectively

will break off all dealings with him or her.”260 In addition, the colonists resolved to “have no

trade, commerce, dealings, or intercourse whatsoever, with any colony or province in North-

257
Rakove, Beginnings, 50; Labaree, Tea Party, 238.
258
Rakove, Beginnings, 50-52.
259
Journals of the Continental Congress, 1:79.
260
Journals of the Continental Congress, 1:79.

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America, which shall not accede to, or which shall hereafter violate this association,”261 thus

making sure that those who went against the provisions within the agreement were punished,

even if it meant punishing whole colonies.

The formation of the First Continental Congress and the passage of the Declarations and

Resolves as well as the Continental Association, then, was where the American Revolution

started. The Congress was the first revolutionary government in the colonies. Parliament may

have viewed the Congress as extra-legal because the colonies had no authority to make such a

government. The colonists, on the other hand, had executed a shift in sovereignty from

Parliament to the First Continental Congress that rendered Parliament unnecessary. This shift in

sovereignty from Parliament to the Congress is evidence of the mental shift from British to

American that makes up the American Revolution. The Congress had both the power to make

policy and the power to enforce it under the Association—these two powers make up a

government. The Association empowered local committees to action, and in the process,

acquired for the Congress the authority to make policy decisions.

Lastly, the delegates to the First Continental Congress drafted a petition to King George

III. The delegates believed that sending the letter to King George instead of Parliament was the

right course of action; after all, Parliament was the governing body that had put forth all of these

damaging acts. The delegates wanted the burden to be on the King; however, King George III

was trained to be a constitutional monarch, one who deferred to Parliament’s authority to govern

the Empire. It was highly unlikely that the King, raised on these views, would retract them. This

was something the delegates knew very well, but the colonists had their own theory of empire,

one in which the colonial legislatures were equivalent to Parliament. In order to survive this

261
Journals of the Continental Congress, 1:79.

90
crisis, the government would have to accept this theory of empire, so the colonists placed that

burden on King George III.262 This theory, ironically, showed acceptance of Galloway’s Plan of

Union, as the colonists believed themselves equal to Parliament, but still under the authority of

King George III.

The letter to the King was extremely respectful, but not very submissive. Within this

letter, the delegates laid out for the King their grievances, including the fact that “A standing

army has been kept in these colonies, ever since the conclusion of the late war, without the

consent of our assemblies.”263 In addition, the colonists complained

Our property is taken from us without our consent, the trial by jury in many civil cases is
abolished, enormous forfeitures are incurred for slight offences, vexatious informers are
exempted from paying damages, to which they are justly liable, and oppressive security is
required from owners before they are allowed to defend their right.264

The complaints to King George were rights that colonists had previously held but now felt

Parliament was infringing. As a result, the colonists informed the King that

Your royal indignation, we hope, will rather fall on those designing and dangerous men,
who daringly interposing themselves between your royal person and your faithful
subjects, and for several years past incessantly employed to dissolve the bonds of society,
by abusing your majesty's authority, misrepresenting your American subjects and
prosecuting the most desperate and irritating projects of oppression, have at length
compelled us, by the force of accumulated injuries too severe to be any longer tolerable,
to disturb your majesty's repose by our complaints.265

While Congress knew that King George III committed to the policies passed by Parliament, it

also knew that it needed to send its grievances straight to the Crown, as the delegates, believing

262
Rakove, Revolutionaries, 62-63.
263
Journals of the Continental Congress, 1:116.
264
Journals of the Continental Congress, 1:116.
265
Journals of the Continental Congress, 1:118.

91
the Congress equal to Parliament would balk at the idea of Parliament hearing grievances that it

had so long ignored.

Following the sending of the petition to King George, the delegates to the First

Continental Congress went home, with the understanding that in May of 1775, they would

reconvene if necessary.

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CHAPTER FIVE: ANALYSIS OF A REVOLUTION

Prior to 1774, the colonists had been irritated and angry with British Parliament for

taxing them. However, the colonists still considered themselves British subjects; in fact, that is

why they were so angry at Parliament. They firmly believed that, since their ancestors were

British subjects with all the same rights as those living within England itself, so too were they.

As their ancestors did not give up their rights when they immigrated to the colonies, the colonists

themselves still had all those same rights.

By 1774, however, something within the colonists had changed. They believed they were

no longer British. On the first day of the First Continental Congress, Patrick Henry stated that

provincial loyalties no longer applied; that he was, in fact, not just a Virginian, but also an

American.266 This is where the American Revolution started—with the belief that Parliament had

no power over the colonists at all. More, that the colonists were no longer British, but American.

The shift in sovereignty in the colonies is evidence of this.

Escalation of Political Rhetoric

There was an escalation in colonial political rhetoric that was a factor of revolution. Early

in first phase of protest that started in 1763, the first argument, which came from James Otis in

266
Rakove, Revolutionaries, 54.

93
response to the Sugar Act of 1764, was “no taxation without consent.” Otis claimed that

parliamentary power was not supreme. He claimed that “no parts of his Majesty’s dominions can

be taxed without their consent: that every part has a right to be represented….that the refusal of

this would seem to be a contradiction in practice to the theory of the constitution…”267

Therefore, until the colonies could be properly represented, they would not give their consent to

be taxed. Therefore, Parliament could not tax them.

The next argument was “no taxation without representation,” the argument made by

Patrick Henry after the passage of the Stamp Act in 1765. Colonial representation in Parliament

would not stop Parliament from taxing the colonies, as the colonial representatives would be

outvoted regardless. Representation was not Henry’s purpose, but the escalation from “consent”

to “representation” is a large one. It was much easier to garner consent from the colonists than

representation in Parliament.

Following this, the argument posited by the Massachusetts Circular Letter in 1768

indicated that the Townshend Acts were “Infringements of their [the colonists’] natural and

constitutional rights because as they are not represented in the British Parliament.”268 Moreover,

the Circular Letter’s argument stated that, since “their Constituents considering their local

Circumstances cannot by any possibility be represented in the Parliament,” the king should

“form a subordinate legislature here that their subjects might enjoy the unalienable Right of a

Representation.”269 Americans were not properly represented in Parliament, thus colonial

legislatures were equal to Parliament. This was an escalation in the revolutionary rhetoric.

267
James Otis. “Rights of the British Colonies Asserted and Proved” in Colonies to Nation, 33.

“‘In All Free States the Constitution is Fixd’: Massachusetts Circular Letter (Feb. 11, 1768)” in Colonies to
268

Nation, 134.
269
“Massachusetts Circular Letter” in Colonies to Nation, 133-34.

94
The colonists argued their claim that Americans were not, and could not be, properly

represented in Parliament. England used a system called “virtual representation,” indicating that

someone could be represented in Parliament without having voted someone into Parliament. The

idea was that members of Parliament would be responsible for all British subjects without any

geographical ties to the different areas of the British Empire. Indeed, it was not the argument that

the colonies could not be properly represented that was revolutionary; rather, it was the idea that

the colonial legislatures were equal to Parliament. That would be the equivalent of a local

legislature claiming it had the same authority as the United States Congress.

The next escalation in rhetoric occurred in the Declarations and Resolves passed by the

First Continental Congress, which stated that Parliament did not have the authority to govern the

colonies at all. The document stated that “as the English colonists are not represented

and…cannot properly be represented in the British parliament, they are entitled to a free and

exclusive power of legislation in their several provincial legislatures…in all cases of taxation and

internal polity….”270 Parliament had no authority to tax the colonies, nor did it have the

authority to legislate the colonies. The only thing Parliament could do, according to the

delegates, was help regulate trade, stating “from the necessity of the case, and a regard to the

mutual interest of both countries, we cheerfully consent to the operation of such acts...restricted

to the regulation of our external commerce…excluding every idea of taxation…for raising a

revenue on the subjects of America….”271 The delegates consented to give Parliament this power

through necessity, not through any right Parliament had. It is important to note here, however,

that the Declarations and Resolves said nothing against the king himself, only Parliament.

270
Journals of the Continental Congress, 1:68.
271
Journals of the Continental Congress, 1:68.

95
This particular escalation completely removed Parliament’s authority over the colonies.

In the Declarations and Resolves, the Congress asserted that it gave the power to regulate trade

to Parliament, because the delegates knew that previous acts of Parliament regulating trade had

established guidelines for trade that were beneficial to both the colonies and the British Empire

as a whole. However, when the Congress excluded the idea of any kind of taxation from that

right of trade regulation to which the delegates consented, they effectively removed all

Parliamentary authority from the colonies.

The First Continental Congress as Revolution

By 1774, the colonists no longer considered themselves British. This is evidenced by not

only the writings and articles published throughout the colonies, but by the speeches and actions

of the First Continental Congress, as well as the authority of the Congress. It is also evidenced in

how the colonists shifted sovereignty over the colonies from Parliament to the First Continental

Congress.

While the First Continental Congress debated the Suffolk Resolves out of Massachusetts,

Paul Revere rode to Philadelphia to inform the delegates that the British were erecting

fortifications around the city of Boston.272 The Congress rejected a motion to have the citizens of

Boston leave the city, claiming that “the removal of the people of Boston…would not only be

extremely difficult in the execution, but so important in its consequences, as to require the

utmost deliberation before it is adopted.”273 The Congress also rejected a motion to allow

Massachusetts to recommence legal government under its own authority, stating instead “that the

Congress recommend to the inhabitants of the colony of Massachusetts-bay, to submit to a

suspension of the administration of Justice, where it cannot be procured in a legal and peaceable

272
Rakove, Beginning, 49.
273
Journals of the Continental Congress, 1:59.

96
manner, under the rules of their present charter….”274 Instead, the Congress sent a letter to

General Thomas Gage, the leader of the British army in Boston, stating that “We entreat your

excellency to consider what a tendency this conduct must have to irritate & force a free people,

however well disposed to peaceable measure, into hostilities, which may prevent the endeavours

of this Congress to restore a good understanding with our parent state, & may involve us in the

horrors of a civil war.”275 Also in that letter, the Congress informed General Gage that the people

of Massachusetts “have appointed us the guardians of their rights and liberties, and we are under

the deepest concern, that…your excellency should proceed in a manner that bears so hostile an

appearance….”276

The First Continental Congress was the start of the American Revolution because the

people of Massachusetts appointed the Congress as the guardian of the rights of the people of

Massachusetts, indicating a shift in sovereignty. The Massachusetts leaders asked the First

Continental Congress to judge the legality of their actions and their provincial government. The

Massachusetts leaders instilled an authority in the First Continental Congress that they would

never have given Parliament. While the Congress rejected a motion to allow Massachusetts to

reconvene its government under the colony’s original charter, the fact that the Congress

considered the question—the fact that Massachusetts subjected itself to the will of that

Congress—is a substantial illustration of the idea that the colonists no longer believed Parliament

to be sovereign, and instead formed a revolutionary government of their own.

The formation of the Continental Association, which enforced the non-importation, -

exportation, and –consumption agreements the delegates had set forth, also proves the First

274
Journals of the Continental Congress, 1:60.
275
Journals of the Continental Congress, 1:61.
276
Journals of the Continental Congress, 1:61.

97
Continental Congress was the start of the American Revolution because it formally sanctioned

the committees of correspondence that had formed over the summer in protest to the Coercive

Acts, specified their duties, and imposed its own control over these local forces. The Association

assumed the policymaking decision that local leaders had been making. In addition, it

encouraged local initiative among those leaders, for the purposes of enhancing participation and

morale, as well as allowing for unforeseen emergencies.277

These examples prove that the First Continental Congress was a sovereign body. The

First Continental Congress made policy when they passed the Declarations and Resolves, which

included the non-importation, -consumption, and –exportation agreements, which were ratified

in September of 1774. It also enforced that policy when it passed the Continental Association,

which ensured that the colonies that ratified the Association followed its decrees. When the First

Congress adjourned in October, the Association governed in its wake; however, the Association

used the power given it by the First Congress. The First Congress was still sovereign even in

adjournment.

Another important point, albeit a bit different, is the escalation of anger against King

George III. The New York Journal called the king the “‘darling of America’” and stated that the

colonists still had “‘entire confidence in his Majesty, who is ever attentive to the complaints of

his subjects, and is ever ready to relieve their distress.’”278 By 1772, however, it started to

become apparent that King George III was not as misled by his advisors as previously thought.

In a letter to the editors of the Boston Gazette, Samuel Adams, writing as Valerius Poplicola,

stated that “the Grievances of this Continent have no doubt ‘reached the Royal Ear;’ I wish I

277
Rakove, Beginnings, 29, 51.
278
As quoted in Meier, Resistance, 210.

98
could see reason to say they had touch’d the Royal Heart. No—They remain altogether

unredress’d…the Complaints of three Millions of loyal Subjects have no yet penetrated the

Royal Breast, to make it even to pity.”279 When King George III gave his assent to the

Intolerable Acts in 1774, and more specifically the Quebec Act, an often-reprinted article argued

that the king had broken the one formal tie that bound him to his people, stating that the king

“‘must be guilty of perjury; for it is, in express terms, contrary to his coronation oath,’ in which

he had promised to maintain ‘the protestant reformed religion established by law’ in England and

all her dominions.”280 Some still maintained allegiance to King George, but they often added

conditions that removed the commitment from the pledge itself. People in the town of Mansfield,

Connecticut stated that they would be faithful subjects of the Crown, “‘as long as the Crown

maintains inviolate the stipulated Rights of the People.’”281

The people of Massachusetts were falling into a state in which the legal institutions of the

colony were no longer able to work as they were supposed to. Although the Massachusetts

legislature was called to convene in Salem, General Gage had found that it would not be as

simple as that. The people of Massachusetts, it was clear, would not acknowledge the authority

of an assembly that was appointed by the Crown. Courts closed because many judges either

refused their commissions or placed themselves under Gage’s protection if they accepted those

commissions.282

Samuel Adams as “Valerius Poplicola,” in Harry A. Cushing, ed. The Writings of Samuel Adams, volume II (New
279

York: G.P. Putnam’s Sons, 1904), 206-207.


280
Meier, Resistance, 238.
281
Meier, Resistance, 239.
282
Rakove, Revolutionaries, 56-57.

99
The leaders of the resistance in Massachusetts had already set up alternative bodies, with

the purpose of eluding the legal government that General Gage controlled. With the addition of

the Continental Association passed by the First Continental Congress, the colonies had set up a

governing body that had the ability to take power away from the legal, royal government through

a network of committees and conventions.283 Indeed, Gage had managed to give the Association

in Massachusetts an opportunity to take over and expel traditional authority when he dissolved

the Massachusetts legislature in early October 1774. The representatives from the Massachusetts

legislature then met in Cambridge, thus causing Massachusetts to have something resembling a

revolutionary government that did not answer to the Crown, but to the people of Massachusetts.

When this extra-legal Provincial Congress reconvened in November, with the Continental

Association to consider, members thought it was inadequate, and decided instead to strengthen it

by banning the sales of all imported goods.284

Philadelphia, New York, Boston, and Charleston all set up meetings to choose

committees to enforce the Association in those cities. Establishment of those committees was not

limited only to those cities. In Virginia, every county in the colony had a committee.285

Virginia, like Massachusetts, had a stricter version of the Continental Association in

place. The committee elected in Virginia required all merchants and planters to agree to the

Association. Merchants who had prohibited goods usually managed to avoid their destruction by

asking the committees to sell those goods themselves, although there were some instances of tea

being thrown into Virginian rivers. The committees would then set a maximum price, or

sometimes inspect merchants’ accounts for exploitation. Those who violated the Association

283
Rakove, Revolutionaries, 65.
284
Middlekauff, Glorious Cause, 259-262.
285
Knollenberg, Growth, 213.

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found their names in the paper and themselves called enemies of the country; in addition,

members of the community shunned those merchants, in both trade and society. As a result, by

the end of 1774, the Association was in full effect, and, as the royal governor of Virginia noted,

the local committees constituted the government of Virginia.286

Traditional Alternative Moments of Revolution

While critical for revolution, the First Continental Congress required additional support

to be successful. The events that followed the First Continental Congress are evidence of this

support. They are not, as traditionally taught, the moment of revolution.

Throughout the summer and fall of 1774, General Gage, the commander-in-chief of the

British Army in North America and the new Governor of Massachusetts after Thomas

Hutchinson, sent letters to Lord Dartmouth, Secretary of State for the Colonies, informing

members there of the situation in the colonies. On July 27, 1774, Gage informed Dartmouth of

the widespread opposition to the Intolerable Acts, stating that “‘if the Opposers of Government

may be called only a Faction in this Province [as Gage himself and Lord Dartmouth had called

them] they are at least a very numerous and powerfull Faction.’” In a later letter from September

2nd, Gage informed Dartmouth that “‘the Flames of Sedition had spread [so] universally

throughout the Country,’” and a letter dated September 12th told Dartmouth that “‘The Country

People are exercizing in Arms in this Province, Connecticut and Rhode Island, and getting

Magazines of Arms and Ammunition…People are resorting to this Town for Protection…and

Sedition flows copiously from the Pulpits.’”287

286
Middlekauff, Glorious Cause, 265.
287
As quoted in Knollenberg, Growth, 200-203.

101
Upon receiving Gage’s letters, Dartmouth met with Lord North and decided to send

warships with marines on them to Boston, and King George issued a proclamation forbidding the

export of munitions from Great Britain. The king also sent a note to Lord North stating that

“‘blows must decide whether they are to be subject to this Country or independent.”’ Lord North

also spoke something similar in a letter to ex-Governor Thomas Hutchinson, stating that

Massachusetts “‘was in Rebellion and must be subdued.’”288

Lexington and Concord

The story of the first shots at Lexington and Concord is traditionally taught as the start of

the American Revolution. In fact, a book by William Hallahan called The Day the American

Revolution Began stated that “historically, it [the American Revolution] began after dawn on

Wednesday, April 19, 1775, in Lexington and Concord, Massachusetts.”289 However, while the

events at Lexington and Concord were important during the American Revolution because they

were the start of the shooting war, those events were not the start of the American Revolution

itself.

In January of 1775, Lord Dartmouth sent General Gage a letter at the request of the

British ministry, allowing for a “‘vigorous Exertion of that Force.’”290 In addition, Dartmouth

ordered Gage to arrest the leaders of the rebellion, if possible. That letter did not arrive in the

colonies until April. Shortly thereafter, Gage put into operation a plan for Boston that had been

prepared for some time.291

288
As quoted in Knollenberg, Growth, 204-205.
289
William Hallihan. The Day the American Revolution Began: 19 April 1775 (New York: HarperCollins, 2000),
xiii.
290
Ferling, Leap, 124.
291
Ferling, Leap, 128.

102
On April 18, 1775, Gage’s troops moved toward Concord, a town eighteen miles north of

Boston. Gage chose Concord for two reasons. First, Concord was very close to Boston, and Gage

hoped that his troops could complete their assignment and escape to the relative safety of Boston

before the colonists could respond. The colonists were training upwards of two to three times a

week, preparing for war, drilling, marching, loading and firing their muskets, and learning how

to give and take orders. At least a third of these men, Gage believed, were being trained as

“minutemen,” the forces that would be ready to respond within a minute upon an alarm

sounding, with an armful of shot and two weeks of provisions. The element of surprise would be

extremely important, as these minutemen would descend upon Concord as soon as the alarm

sounded. In addition, Gage chose Concord because his intelligence network informed him that

John Hancock and Samuel Adams were there, thus allowing him to fulfill the second half of his

job—arresting the leaders of the rebellion.292

What Gage did not know was that the colonists, too, had a spy network, and were quite

aware of what Gage’s plans were for that night. As a result, two riders—Paul Revere and Joseph

Dawes—were sent out on two different paths from Boston to warn the militia at Concord and the

surrounding countryside of the danger they were imminently facing.293

The British regiment reached Lexington first, and there met the men of the Lexington

Provincial Company, commanded by Captain John Parker. Major John Pitcairn, the leader of the

British forces, ordered the men to disperse, telling them to “‘lay down your arms, you damned

292
Ferling, Leap, 128.
293
Ferling, Leap, 129.

103
rebels.’”294 Parker, wanting no part in leading his group of vastly outnumbered militiamen to

slaughter, ordered his men to step aside. 295

No one knows who fired that first shot that rang out in the early hours of dawn that

morning. Nobody knows if it was a frightened militiaman on the American side, or an

overzealous British Redcoat, but a shot rang out. Witnesses on both sides claimed the other side

fired first; regardless, an unknown British officer subsequently gave the order to fire. At the end

of the skirmish, eight militiamen were dead, and ten were wounded. Several British officers,

realizing that colonial riders sent an alert along the countryside, went to Lieutenant Colonel

Francis Smith, who was in charge of the operation as a whole, to ask him to call off the march to

Concord, which he refused to do. Smith stated that he would follow orders, although he asked for

reinforcements from Boston. Realizing that there was no point to marching quietly anymore,

Major Pitcairn ordered the men to march, setting off with fifes and drums playing.296

The British troops set forth to Concord for their target. The Redcoats had no resistance in

their march from Lexington to Concord. After searching for the arms and ammunition they knew

the colonists stored there, the British destroyed what little they found in the way of militia

supplies. In the meantime, the American militias gathered at Concord, to the tune of five hundred

armed men by eleven that morning. As the British were relaxed and scattered that morning, the

militiamen caught them unaware. A British regular fired a shot, which caused other regulars to

fire at the militiamen. Once the militiamen were given the order to return fire, twelve regulars

were wounded, with three being wounded fatally. In the first volley of shots fired by the

294
Middlekauff, Glorious Cause, 276.
295
Ferling, Leap, 132.
296
Middlekauff, Glorious Cause, 276; Ferling, Leap, 133.

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militiamen, four British officers were wounded, and three were killed. The British troops, now

outnumbered, retreated in a hurry.297

The British retreat was not smoothly done; the British soldiers, tired after a long day’s

march from Boston to Lexington and then to Concord, were so disorganized that their leaders

threatened them with death in order to get them to pull themselves together and organize

themselves into a defensive position. While the British suffered during their engagement with the

colonists, they suffered more on their march back to Boston. The British troops formed a

column, upon which the Americans hiding in the woods fired. Although the fight started with

guns, it ended with a melee between the British and American troops. Only a large detachment

with cannon covering their retreat saved the British troops from further suffering.298

The events at Lexington and Concord included the first shots, which indicated the start of

open hostilities between the colonies and the mother country. That being said, the British

marched up to Concord with the purpose of taking arms and munitions from the colonists, who

viewed this as provocation for a fight. Since it is entirely unclear as to who fired the first shot at

Lexington Green on April 19, this thesis argues that the colonists were simply shooting back at

people who were shooting at them. It would be irresponsible to assume that the colonists would

not fight back after being shot at, no matter that nobody knows who fired that first shot. The

colonists felt they were in danger; thus, they fought back. On its own, fighting back does not

define revolution. The initiation of the shooting war was simply the first implementation of the

American Revolution itself.

297
Ferling, Leap, 134; Hibbert, Redcoats, 33.
298
Hibbert, Redcoats, 33; Middlekauff, Glorious Cause, 278.

105
The Second Continental Congress

At the end of the First Continental Congress in October 1774, the delegates agreed that

“it will be necessary that a congress should be held on the 10th of May next, unless the Redress

of grievances, which we have desired, be obtained before that time.”299 With the events at

Lexington and Concord still fresh in their minds, in May of 1775, the Second Continental

Congress met in Philadelphia.

As soon as the delegates convened, they received letters from Massachusetts about the

events at Lexington and Concord. Shortly thereafter, the Congress received a letter from Joseph

Warren, the president of the Provincial Congress in Massachusetts, which stated that

We beg leave to suggest, that a power full Army, on the side of America, hath been
consider'd, by this Congress, as the only mean left to stem the rapid Progress of a
tyrannical Ministry. Without a force, superior to our Enemies, we must reasonably expect
to become the Victims of their relentless fury: With such a force, we may still have hopes
of seeing an immediate End put to the inhuman Ravages of mercenary Troops in
America.300

The delegates needed to decide whether the colonies would organize themselves as a union, so as

to be able to fight as one. The Congress decided to “resolve itself into a committee of the whole,

to take into consideration the state of America…that the Letter from the pro: Congress of

Massachusetts bay be referred to that committee,”301 in order to keep from making a decision on

it right away.

This question of whether to organize the colonies into one fighting force was only part of

the deeper question about separation from England. While the moderates in the Second

299
Letters of the Delegates of Congress, 1:233.
300
Journals of the Continental Congress, 2:25.
301
Journals of the Continental Congress, 2:44.

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Continental Congress, including John Dickinson of Letters from a Farmer, favored

reconciliation with constitutional rights, there were also those whose objective was complete

separation from Great Britain. As a result, the fear felt by the delegates—mainly the fear of being

a new nation vulnerable to invasion by countries such as France and Spain—caused these

delegates to keep quiet about their aims, so that the possibility France or Spain seizing the

colonies was never mentioned openly in those first days of the Congress.302

Following the letter from Joseph Warren, the Congress received one from the New York

Committee of 100 asking about an appropriate response to the expectation of British troops in

the city.303 The answer Congress gave New York was “that if the troops, [which] are expected

should arrive, the [said] Colony act on the defensive.”304

Two days later, Congress received word that troops from Connecticut and Vermont

seized Fort Ticonderoga, a fortress of strategic importance between Lake Champlain and Lake

George, on the main route between Canada and the upper Hudson Valley in New York. A group

of men from Connecticut, led by the wealthy merchant turned captain, Benedict Arnold of New

Haven, made plans to attack the fort to acquire the heavy cannon needed in Boston. At the same

time, a lead miner and farmer from Vermont named Ethan Allen was planning a similar raid with

men from Vermont. After Arnold confronted Allen, demanding that he (Arnold) lead the raid,

the two men decided to combine their forces and cooperate in the raid. The combined forces of

302
Middlekauff, Glorious Cause, 285.
303
Jensen, Founding, 605-606; Journals of the Continental Congress, 2:49.
304
Journals of the Continental Congress, 2:52.

107
men from Connecticut and Vermont captured both cannon and other military stores that would

be invaluable in a fight with the British army.305

Having told New York only to act defensively, Congress was embarrassed when news of

the raid reached them. While the supplies acquired by the raiders were necessary to the fight, the

raid itself was not a defensive action. In addition, neither Benedict Arnold nor Ethan Allen

informed New York officials about it, which led to domestic implications. There was a reward

for the capture of Ethan Allen in New York, and there were conflicting land claims among the

colonies themselves over the land captured in the raid. Furthermore, the offensive action of the

capture of Fort Ticonderoga went against what Congress had ordered of New York.306

On May 30, 1775, a letter arrived from England to the Congress. The Journals of the

Continental Congress states that Gray Cooper, the Under-Secretary of the Treasury, had written

the letter at the request of Lord North. Within the Journals, the letter began “that it is earnestly

hoped by all the real friends of the Americans….”307 In it was a reconciliation resolution, which

offered terms that were “honourable for Great Britain and safe for the colonies.”308 The letter

also stated that “these terms will remove every grievance relative to taxation, and be the basis of

a compact between the colonies, and the mother country…[and] that the people in America

ought, on every consideration to be satisfied with them.”309 The letter went on to say that if the

Americans did not agree to the resolution, no other appeasements could be made.

305
Hibbert, Redcoats, 40; Jensen, Founding, 606.
306
Middlekauff, Glorious Cause, 286; Jensen, Founding, 607.
307
Journals of the Continental Congress, 2:71.
308
Journals of the Continental Congress, 2:72.
309
Journals of the Continental Congress, 2:72.

108
The letter from England used the term “compact” in regards to the colonies, which

implied that both parties were of equal status. The fact that the British used that word in this

reconciliation implies that the British viewed the colonies at a higher status than they viewed

some of the other colonies throughout the Empire. Regardless, the Congress voted to have the

letter “lie on the table;”310 that is, to let the issue go without discussing it.

Throughout the months of May and June, the Second Continental Congress raised and

funded a Continental Army to fight against the British. They appointed George Washington as

the General of the Army. The Congress appointed a committee to secure supplies for the

military, and borrowed money for purchasing gunpowder.311

The Second Congress did not diminish the authority of the First Congress. While it could

be argued that the Second Continental Congress was the start of the revolution for this point

alone, it would be inaccurate to say so. Surpassing the authority of the First Congress does not

make the Second any more revolutionary than the First; if anything, it shows that the delegates to

the Congress saw that the model from the First Congress worked well, and they expanded upon

it. Indeed, most of the delegates to the Second Congress had been at the first, so the Second

Congress was simply an extension of the First.

Due to the pressure from the more moderate delegates in Congress, Congress sent a

second petition directly to King George III. Within this “Olive Branch Petition,” written by

Thomas Jefferson and John Dickinson, the colonists informed the king of their desire to restore

310
Journals of the Continental Congress, 2:73.
311
Middlekauff, Glorious Cause, 287.

109
harmony with England and asked the king to prevent further hostile action until a reconciliation

could be reached, stating

we solemnly assure your Majesty, that we not only most ardently desire the former
harmony between her and these colonies may be restored, but that a concord may be
established between them upon so firm a basis as to perpetuate its blessings,
uninterrupted by any future dissensions, to succeeding generations in both countries.312

The king, however, refused all statements sent by the Congress, and when the petition arrived at

Parliament in mid-August, members decided that, since the Congress was not a legal body, and

thus not recognized by Parliament, they would ignore the petition. In addition, by August of

1775, the king had already proclaimed the American colonies to be in a state of rebellion,

claiming that the colonists had forgotten “the Allegiance which they owe to the Power that has

protected and sustained them.”313 He also stated that they “have at length proceeded to an open

and avowed Rebellion, by arraying themselves in hostile Manner to withstand the Execution of

the Law, and traitorously preparing, ordering, and levying War against Us.”314 As such, King

George stated that “all Our Officers Civil and Military are obliged to exert their utmost

Endeavors to suppress such Rebellion, and to bring the Traitors to Justice.”315 With the Olive

Branch Petition turned away by the British government, the moderates were defeated in favor of

the radicals, who proclaimed excitement at the idea that they could now put forth the ideas they

supported.316

312
Journals of the Continental Congress, 2:158.

“To Suppress ‘Rebellion and Sedition’: Royal Proclamation of Rebellion (August 23, 1775)” in Colonies to
313

Nation, 259.
314
“Royal Proclamation of Rebellion” in Colonies to Nation, 259.
315
“Royal Proclamation of Rebellion” in Colonies to Nation, 259-260.
316
Ferling, Leap, 149.

110
Shortly after the king’s proclamation in August of 1775, news came of a bill introduced

by Lord North that ceased all commerce with the colonies for the duration of the war, and

allowed for the seizure of cargo on American ships. North believed this was a concession,

considering that the commissioners would be able to exempt any colony that returned its

obedience to the Crown from this policy. This caused John Hancock to remark that the British

policy of “making all our Vessells lawful Prize don’t look like a Reconciliation.”317 It was in this

environment of agitation that Thomas Paine published his pamphlet Common Sense.

Common Sense

Thomas Paine published his pamphlet Common Sense in January of 1776. Paine’s

pamphlet not only attacked George III himself, but the entire idea of the monarchy, and actually

advocated independence, saying that “the authority of Great Britain over this continent, is a form

of government, which sooner or later must have an end.”318 Paine argued that the monarchy was

“an absurdity,”319 because all men are equal at creation and therefore “no one by birth could

have a right to set up his own family in perpetual preference to all others forever;”320 therefore,

the distinction between kings and subjects was a false one. In addition, Paine argued that the

distance between the colonies and England made governing the colonies from England unwieldy.

A petition sent to Parliament would not receive a response for over a year. Even if Britain were

the "mother country" of America, that made her actions all the more horrendous, for no mother

317
Letters of Delegates to Congress, 3:244.
318
Thomas Paine. “Common Sense” in Scott Liell, 46 Pages: Thomas Paine, Common Sense, and the Turning Point
to Independence (Philadelphia: Running Press, 2003), 174.
319
Paine in Liell, 46 Pages, 166.
320
Paine in Liell, 46 Pages , 164.

111
would harm her children so brutally.321 Paine concluded that “reconciliation is a fallacious

dream.”322

Paine’s pamphlet exploded in the colonies. Colonists purchased over 250,000 copies of

Common Sense in 1776, and countless others read Common Sense in their local newspapers. In

the Continental Army, entire regiments of soldiers heard it read aloud to them.323 As a result, the

idea of independence spread rapidly throughout the colonies.

The delegates to the Second Congress were aware of the impression that Common Sense

had on the people of Philadelphia. As visitors in the city, the delegates spent a majority of their

time in public places, such as taverns. The delegates witnessed how Common Sense renewed the

conviction of those who favored independence already, how it convinced those who were unsure

toward the cause of independence, and how it even “‘turned Tories into Whigs’” in some cases.

It was apparent that the publication of Common Sense brought the issue of independence into the

public conversation. The issue now was how to change the position of the Congress. The actions

of the delegates were dictated by the instructions their constituents in their home colonies gave

them. Many of the delegates were given instructions at the end of 1775 to oppose independence;

however, the widespread success of Common Sense helped sway the decision of the Congress to

vote in favor of independence.324

What Paine wrote had already been talked about in the months following Lexington. The

nine months following Lexington had shown the hostility of the king and Parliament, and made

321
Paine in Liell, 46 Pages, 171-172.
322
Paine in Liell, 46 Pages, 177.
323
Ferling, Leap, 151.
324
Liell, 46 Pages, 101-102.

112
the idea of reconciliation untenable. In Common Sense, Paine pointed out to the colonists that

there was no return to the days before the first reforms in 1763; the only available path for the

colonists, Paine argued, was independence from Great Britain.325

While Thomas Paine’s Common Sense was a very appropriate moment for revolution to

start, Paine had written something that, in part, had been in the minds of a small group of men for

some time before Common Sense was published. While the pamphlet was revolutionary, and

while Thomas Paine himself was revolutionary, Common Sense was more a tool used to open the

eyes of people who had not publically announced their wish for separation from England.

Common Sense helped the public to figure out on which side of the argument they stood. It

swayed public opinion to the side of separation from England, but it only made it easier for the

radical leaders to discuss it publically. Common Sense was an amazingly well written document

that gave the radical leaders that final nudge to articulate an argument supporting separation from

Great Britain.

Independence

American independence, like the shots fired at Lexington and Concord, was another

implementation of revolution in the colonies.

By early spring of 1776, the colonies were starting to work together toward the common

goal of independence, although they stopped short of proposing that Congress unite the colonies

as one country under a central government. South Carolina gave its delegates permission to join

with others in Congress to protect and defend America, while the delegation from Georgia

received instructions that allowed them to vote for independence, if it came to that. The

Provincial Congress of North Carolina gave its delegates the authority to vote for independence

325
Middlekauff, Glorious Cause, 325.

113
as well, as did Rhode Island, which went the extra step of declaring its own independence in

May of that year.326

Although Paine’s Common Sense made the idea of independence politically possible,

meeting two other mandatory conditions before independence could be declared was essential.

The first condition was that independence needed to be morally justifiable. By spring of 1776,

this condition was met, as news that King George hired German mercenaries arrived in the

colonies. It was obvious now that the colonies did not owe allegiance anymore to King George;

after all, their “sovereign” was no longer protecting them, but attacking them with foreign

mercenaries. The second condition was that independence had to be strategically necessary; the

only way to get foreign aid in a fight against England was to formally declare independence. 327

To this end, in June of 1776, Congress made its plans for independence, stating

that the committee, to prepare the declaration, consist of five members…Mr. [Thomas]
Jefferson, Mr. J[ohn] Adams, Mr. [Benjamin] Franklin, Mr. [Roger] Sherman, and Mr.
R[obert] R. Livingston…that a committee be appointed to prepare and digest the form of
a confederation to be entered into between these colonies…that a committee be appointed
to prepare a plan of treaties to be proposed to foreign powers.328
In May 1776, Congress declared “that it be recommended to the respective assemblies

and conventions of the United Colonies…to adopt such government as shall, in the opinion of

the representatives of the people, best conduce to the happiness and safety of their constituents in

particular, and America in general.”329 To that end, Congress declared “that a committee of three

be appointed to prepare a preamble to the foregoing resolution [and] the members chosen, Mr.

326
Middlekauff, Glorious Cause, 329.
327
Rakove, Revolutionaries, 98-99.
328
Journals of the Continental Congress, 5:431.
329
Journals of the Continental Congress, 4:342.

114
J[ohn] Adams, Mr. [Edward] Rutledge, and Mr. R[ichard] H[enry] Lee.”330 Their preamble read,

“it appears absolutely irreconcilable to reason and good Conscience, for the people of these

colonies now to take the oaths and affirmations necessary for the support of any government

under the crown of Great Britain.”331 The following month, on June 7, 1776, Richard Henry Lee

put forth a resolution calling for an official vote on independence, stating “that these United

Colonies are, and of right ought to be, free and independent States, that they are absolved from

all allegiance to the British Crown, and that all political connection between them and the State

of Great Britain is, and ought to be, totally dissolved.”332 After a vigorous debate, Congress

decided that “the question of independence was postponed until the first July, in order to give the

assemblies of the middle colonies an opportunity to take off their restrictions and let their

delegates unite in the measure. In the interim will go on plans for confederation and foreign

alliance.”333 The interim plans also included the commission charged with writing the document,

including the primary author, Thomas Jefferson.

Using arguments from Virginia’s first state constitution and its Declaration of Rights,

both written in June of 1776, Jefferson wrote the first draft of the Declaration of Independence in

only a few days. After making some stylistic changes, the document was ready on June 28, 1776.

With the exception of New York, whose delegates had prior instructions to work "for the

preservation and re-establishment of American rights and priviledges, and for the restoration of

harmony between Great Britain and the Colonies,"334 the delegates from each colony voted on

330
Journals of the Continental Congress, 4:342.
331
Journals of the Continental Congress, 4:358.
332
Journals of the Continental Congress, 5:425.
333
Letters of Delegates to Congress, 4:187.
334
Journals of the Continental Congress, 2:15-16.

115
the issue of independence. On July 1, 1776, Pennsylvania and South Carolina’s delegations voted

against independence, with the two present delegates from Delaware split on the issue. The

delegates from New York explained that, while they were in favor in independence, due to the

aforementioned instructions, they could not vote for it.335 The following day, the third delegate

from joined the majority decision, and the delegates from South Carolina and Pennsylvania also

changed their votes. The Congress declared independence on July 2, 1776, and two days later, on

July 4, 1776, the delegates to the Second Continental Congress signed the Declaration of

Independence.336

Lee’s resolution and the Declaration of Independence are two parts of the same event;

historians write of them, along with the shots fired at Lexington and Concord, as the start of the

American Revolution. However, Lee’s resolution and the Declaration came well after the shift in

sovereignty from Parliament to the American Congress. The Declaration of Independence was a

public statement to the rest of the world. In fact, the Declaration was not even addressed to

England, nor did the Second Congress expect any response from England; rather it was

proclaimed, left to other governments to respond as they would, with the hopes that foreign

nations would aid the colonies.337 In addition, the American people had already been fighting the

British for well over a year by the time the Declaration of Independence was even proposed,

much less signed.

The Declaration of Independence came fifteen months after the first shots fired at

Lexington and Concord because, in 1775, those who were in favor of separation were not talking

about it openly, as public opinion leaned toward reconciliation, not separation. That is not to say

335
Letters of Delegates to Congress, 4:359.
336
Ferling, Leap, 174-175.
337
Cook, Long Fuse, 249.

116
that there were not those who wished for separation; only that those who wished for it did not

speak openly about it in 1775. Even within the radical faction, there were those who favored

reconciliation on American terms over independence. By 1776, however, public opinion, thanks

to Thomas Paine, moved toward favoring independence. The Declaration of Independence was

simply another implementation to revolution; the Declaration of Independence was another step

in the replacement of the British government in the colonies.

In the end, the beginning to the American Revolution, then, was the passage of the

Suffolk Resolves and the formation of the Continental Association during the First Continental

Congress in 1774. It was the first point in which the colonies came together to form a united

government, regardless of whether they called it that. The Association had branches in every

colony, and had the ability (and the obligation) to punish those who did not follow the rules set

forth by the First Continental Congress. While there were congresses that had come before, such

as the Stamp Act Congress, and other boycotts of British goods, the First Continental Congress

was the first time all the colonies had come together as one, and the Association was the first

time the boycott of British goods could be enforced by a central body. The boycotts during the

Stamp Act crisis and the Townshend Act crisis were enforced locally and sporadically; there

were no consistent punishments in place for merchants who did not follow the boycott, and no

central body to enforce those rules. The Continental Association, as its name implies, was a

central body, and it enforced its rules to the fullest extent possible.

Although independence was declared in 1776, it took another eight years for the war with

England to end, and eleven years for the British colonies to transform into the United States of

America.

117
CHAPTER SIX: END OF A REVOLUTION

The moment at which the American Revolution began occurred at the First Continental

Congress in Philadelphia in 1774. Fifty-six men got together and ratified the Suffolk Resolves,

which said that Parliament should not be obeyed because it had no power to govern the colonies.

They implemented a boycott against all British goods, and they formed the Continental

Association—a central governing body—to make sure the colonies abided by the rules. When

the members of the First Continental Congress decided that their current system of government

under Parliament was not working, when they chose to repudiate Parliament’s power in

exchange for the power of the Continental Association, that is when the American Revolution

truly began. Everything that came after the First Continental Congress, from the Second

Continental Congress to the Declaration of Independence to the ratification of the Constitution,

was another implementation of the American Revolution itself.

Generations of Americans grew up thinking that the American Revolution started with

the shots fired at Lexington and Concord, or with the signing of the Declaration of

Independence. Even today, schools teach the idea that the American Revolution and the shooting

War for Independence are the same event. These two events may overlap, but they are not the

118
same. There is a difference between the American Revolution and independence. The War for

Independence was another implementation of revolution by the colonists.

Before the Declaration of Independence was written, Congress authorized New

Hampshire to establish a government, stating “it be recommended…to call a full and free

representation of the people, and that the representatives, if they think it necessary, establish such

a form of government as, in their judgment, will…most effectively secure peace and good order

in the province….”338 The next day, Congress authorized the same for South Carolina. By July 4,

1776, three former colonies—New Hampshire, Virginia and New Jersey—had written state

constitutions, and by the end of 1779, the rest followed. Many of these new state constitutions

included a stipulation for the sovereignty of the people, guaranteed their right to alter or abolish

the government, and provided for various liberties, including freedom of speech and religion.

The executives of these new governments were elected, either by the legislature or by the people,

but did not have much power. Additionally, three states lowered property qualifications for

voting, and four others allowed for all white male taxpayers to be allowed to vote.339

In 1776, acting on part of Richard Henry Lee’s motion for independence, the Second

Congress authorized a committee under John Dickinson to prepare a plan of confederation.

Dickinson brought forth a series of proposals that formed the basis of the Articles of

Confederation, which the Second Congress approved on November 17, 1777 and sent to the

states. The Articles of Confederation stated that “each state retains its sovereignty, freedom and

independence, and every power, jurisdiction and right, which is not by this confederation

338
Journals of the Continental Congress, 3:319.
339
Ferling, Leap, 195.

119
expressly delegated to the United States, in Congress assembled.”340 In addition, the Articles

formed the states into a loose union, stating that “said States…enter into a firm league of

friendship with each other, for their common defence, the security of their liberties, and their

mutual and general welfare….”341 The only powers expressly delegated to the United States in

Congress assembled included “the sole and exclusive right and power of determining on peace

and war” and “the sole and exclusive right and power of regulating the alloy and value of coin

struck by their own authority, or by that of the respective states.”342 However, those powers were

only given to Congress if “nine States assent to the same,” meaning Congress was powerless if

nine states did not agree to allow Congress to execute those powers. In addition, as article II

stated, if the Articles did not expressly give Congress the power to do something, Congress could

not do it. This included the power to tax, which Congress did not have. Congress also did not

have the power to enforce its own laws; rather, it had to rely on the states themselves to enforce

legislation, and if the states refused to enforce an act, Congress could do nothing about it.343

The transition of sovereignty from Parliament to the King to the First Continental

Congress was revolutionary. In 1763, colonists considered both Parliament and King George III

as the supreme powers in the colonies. By 1774, Parliament was no longer sovereign at all, and

King George III was a figurehead. For the revolutionaries, many of the lingering loyalties to the

Crown were irrelevant. When it came to dealings with England, the revolutionaries did not deal

with the Crown; they only dealt with Parliament. To the revolutionaries, Parliament was the

340
“Articles of Confederation : March 1, 1781, article II,” in Yale University Avalon Project.
341
“Articles of Confederation, article III” in Yale University Avalon Project.
342
“Articles of Confederation, article IX” in Yale University Avalon Project.
.
343
Gerber, Revolution, 70-71.

120
problem, not the Crown. Everything they did, everything they wrote, talked about the evils of

Parliament more than anything else because, to them, Parliament was the problem.

By 1774, the authority of rule in the colonies was given to the First Continental Congress.

That is where the American Revolution began. The colonists no longer viewed Parliament as

sovereign.

The events at Lexington and Concord could not have been the start of the American

Revolution, as previously taught, because the colonists only defended themselves against hostile

action by the British troops. Defense of one’s person and property alone does not define

revolution; in this case, it is an implementation of revolution.

The formation of the Second Continental Congress also could not have been the start of

the American Revolution, because the Second Congress simply picked up from where the First

Congress left off. Many of the delegates to the Second Congress were the same delegates that

attended the First Congress. The issues decided upon were different, but the attendants were the

same.

Likewise, Thomas Paine’s Common Sense was not the moment the American Revolution

began because Paine wrote something that, in part, had been in the minds of a small group of

men for some time before the publication of Common Sense. While the pamphlet was

revolutionary, and while Thomas Paine himself was revolutionary, Common Sense was a tool to

open the eyes of people who had not yet fully committed to the idea of full independence from

Great Britain. Common Sense helped people figure out their position in the controversy.

The Declaration of Independence, while also taught to be the point at which the

American Revolution began, also is not the start of the American Revolution. The Declaration of

Independence came after the people started believing themselves to be Americans. The

121
Declaration of Independence seemed to be more of a public statement to the rest of the world,

rather than a starting point of revolution inside the country. The people had already been fighting

the British for over a year by the time Richard Henry Lee proposed it. Breaking from the Crown,

while revolutionary, was another extension of the revolution that had already begun in 1774.

While revolution and violent rebellion are not required to go hand-in-hand, in this case, they do.

The members of the First Continental Congress knew exactly what they were doing.

They knew the Declarations and Resolves and the Continental Association were extralegal

according to Parliament. They knew that what they were proposing was seditious, but they also

knew that it was something that needed to change. The real moment of revolution began in the

moment when those men decided that their current system of government was not working, and

that they were going to throw it out. Those men who met in Philadelphia dared to have the

courage to tell Parliament and the world that they were starting a revolution. They dared to

change the world.

122
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