The Foundation of Local Governance

 After the French and Indian war (1754-1763?) the British government needed money.
– They started imposing ‘consumption tax’ on American Colonies
– Linen, Lumber, sugar, tea, paper and ink and taxed
– Items of greater importance were taxed at a higher rate

1215 Magna Carta guaranteed to all British subjects (all Englishmen), no taxation without representation. The tax on paper and ink was the greatest offense of these taxes. Colonists claimed this tax was an infringement on the Right to Due Process (as listed in the Magna Carta) saying: “If we have to pay the government a fee before we can have paper and ink then our right to Due Process is reduced to a privilege by payment!

Navigation Act of 1660 stated: “all commerce to and from British colonies and lands could only be transported on British ships.” Colonists could only buy English goods and therefore had to pay tax to English Government. As a result of the ‘consumption tax’ American colonists created a large black market for goods to circumvent the tax.
In an effort to enforce the Consumption Tax and the Navigation Act, Parliament passed a law called “The Writs of Assistance”.  This law gave British Customs agents, tax collectors and officers the authority to search and seize British homes and businesses in the Colonies; without regard to due process or property rights (as guaranteed in the Magna Carta and English Bill of Rights.)

In 1761, James Otis Jr., a British attorney whose job it was to ensure these laws were enforced and the penalties were applied, could take the unfair treatment of his countrymen no more. He resigned his post and was the first person to speak out publicly against the Writs of Assistance. As a result, two English
business owners asked Mr. Otis for help bringing a case against an unfair official. In response to James Otis Jr. agreeing to take the case, the British government ignored the fact that he had resigned and charged him with abandoning his post, which was considered treason. In a packed Massachusetts Superior courtroom in February of 1761, Mr. Otis argued his case before the court for five hours. The court’s decided to take it under advisement, which meant they would do nothing. As a result, James Otis Jr. had lost his professional reputation, his reputation in the community, and had been
charged with treason meaning he could be put to death. And nothing had changed…

In the courtroom that day were some of the people who would become our Liberty Movement:
– Samuel Adams, John Adams, Doctor Warren, and others

John Adams wrote about this moment some 40 years later stating: “Then and there was the first scene of the first act of opposition to the arbitrary claims of Great Britain. Then and there the child of Independence was borne. In 15 years, namely in 1776, that child grew up into manhood, and declared himself free.”

Samuel Adams and Doctor Warren came out of that courtroom so supercharged that they started the ‘Committees of Correspondence’ (Boston 1764) and established chapters throughout the colonies to be a source of truth and information to overturn the government dictated narrative propaganda.

March 22, 1765 Parliament passes the Stamp Act:
To make it easier for the British officials to keep track of the mandated purchases and enforce the law. There was an official stamp placed on all legally purchased items.
Those who were involved or believed to be part of the opposition were arrested and thrown on a prison ship to be tried in Quebec, a British colony that maintained French Law. French law does not guarantee a trial of jury by peers.

11,000 colonists died on these prison ships without ever seeing a courtroom

This was the beginning of the active protests. From the Committees of Correspondence began the Sons of Liberty. As a result of this growing unrest, King George the 3rd repealed the Stamp Act and other unfair laws. In response to the King’s actions, Parliament passes the Declaratory Act of March 18, 1766, which states:

“Parliament assembled, had, hath, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects to the crown of Great Britain, in all cases what so ever.”

In simpler terms what Parliament said:  we can pass any law regardless of whether it follows the constitution or not as long as it serves to benefit the empire.

As a result of this act the Sons of Liberty activity grew, the assault on British agents grew and the people become more and more united. After several years of protests, organizing and petitioning the government on December 16, 1773,  the Boston Tea Party occurred. Mercy Otis Warren gave an eye witness account of this event:

“Somberly they walked through the town, anticipating what they were about to do. They walked to the port and up on the ship. They asked the ship master for the keys and were given the keys. They unlocked the hold and took out only the East India Trading Co Tea, as it was the mandated tea. They emptied the holds of that tea and emptied the boxes of tea over the side of the ships. When they had
completed their tasks, they locked back up the holds, handed the keys back over to the ship master and walked back to their homes the same way they came.”

They were not protesting the tax on tea since by this time the King had reduced the cost in half. They were protesting:
– Taxation without Representation
– Mandated purchases
– Warrantless searches and seizures
– Denial of Due Process
– Subject to foreign laws and foreign courts

As a side note, later John Hancock and others paid the East India Company for their losses.

Winston Churchill had a quote that applies here:

“If you will not fight for right when you can easily win without bloodshed;

if you will not fight when your victory will be sure and not too costly;

you may come to the moment when you will have to fight with all odds against you and only a precarious chance of survival.

There may be even a worse fate, you may have to fight when there is no hope of victory, because it is better to perish than to live as slaves.”

Understanding the Constitution is the first step towards active civic participation. Join us in attending local government meetings, participating in community forums, and staying informed about local issues. Your voice matters, and together, we can make a difference in Harvey, North Dakota.