Braintree Instructions
Encyclopedia
The Braintree Instructions was a document sent on September 24, 1765 by the town meeting
Town meeting
A town meeting is a form of direct democratic rule, used primarily in portions of the United States since the 17th century, in which most or all the members of a community come together to legislate policy and budgets for local government....

 of Braintree, Massachusetts
Braintree, Massachusetts
The Town of Braintree is a suburban city in Norfolk County, Massachusetts, United States. Although officially known as a town, Braintree adopted a municipal charter, effective 2008, with a mayor-council form of government and is considered a city under Massachusetts law. The population was 35,744...

 to the town's representative at the Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...

, or legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

, which instructed the representative to oppose the Stamp Act
Stamp Act 1765
The Stamp Act 1765 was a direct tax imposed by the British Parliament specifically on the colonies of British America. The act required that many printed materials in the colonies be produced on stamped paper produced in London, carrying an embossed revenue stamp...

, a tax
Direct tax
The term direct tax generally means a tax paid directly to the government by the persons on whom it is imposed.-General meaning:In the general sense, a direct tax is one paid directly to the government by the persons on whom it is imposed...

 regime which had recently been adopted by the British Parliament
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...

 in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...

. The document is significant because, following the Virginia Resolves
Virginia Resolves
The Virginia Resolves were a series of resolutions passed by the Virginia General Assembly in response to the Stamp Act of 1765. The Stamp Act had been passed by the British Parliament to help pay off some of its debt from its various wars, including the French and Indian War fought in part to...

, it was among the earliest in British America
British America
For American people of British descent, see British American.British America is the anachronistic term used to refer to the territories under the control of the Crown or Parliament in present day North America , Central America, the Caribbean, and Guyana...

 to officially reject the authority of Parliament over the colonies in North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...

. The instructions were written by John Adams
John Adams
John Adams was an American lawyer, statesman, diplomat and political theorist. A leading champion of independence in 1776, he was the second President of the United States...

, who would ten years later become a key figure in the American Revolution
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...

 and ultimately be elected the second President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....

 in 1796.

Background

The Stamp Act of 1765 (short title Duties in American Colonies Act 1765; 5 George III, c. 12) required that many printed materials in the colonies be produced on stamped paper
Stamped paper
Stamped paper refers to an, often, foolscap piece of paper which bears a pre-printed revenue stamp. Stamped papers are not a form of postal stationery...

 made in London and carrying an embossed revenue stamp
Revenue stamp
A revenue stamp, tax stamp or fiscal stamp is a adhesive label used to collect taxes or fees on documents, tobacco, alcoholic drinks, drugs and medicines, playing cards, hunting licenses, firearm registration, and many other things...

. These printed materials were legal documents, magazines, newspapers and many other types of paper used throughout the colonies. The tax was to be paid in valid British currency, not in colonial paper money. The purpose of the tax was to help pay for troops stationed in North America after the British victory in the Seven Years' War
Seven Years' War
The Seven Years' War was a global military war between 1756 and 1763, involving most of the great powers of the time and affecting Europe, North America, Central America, the West African coast, India, and the Philippines...

.

Negative reaction to the tax in British America was concerned not only with economic hardship imposed by it but also by constitutional issues of taxation without representation and enforcement by courts without juries. In May, 1765 in Virginia, the House of Burgesses
House of Burgesses
The House of Burgesses was the first assembly of elected representatives of English colonists in North America. The House was established by the Virginia Company, who created the body as part of an effort to encourage English craftsmen to settle in North America...

 passed a series of resolutions promoted by Patrick Henry
Patrick Henry
Patrick Henry was an orator and politician who led the movement for independence in Virginia in the 1770s. A Founding Father, he served as the first and sixth post-colonial Governor of Virginia from 1776 to 1779 and subsequently, from 1784 to 1786...

 which objected specifically to the imposition of tax without representation. In Massachusetts, opposition to the tax was strong in Boston
Boston
Boston is the capital of and largest city in Massachusetts, and is one of the oldest cities in the United States. The largest city in New England, Boston is regarded as the unofficial "Capital of New England" for its economic and cultural impact on the entire New England region. The city proper had...

. On June 6, 1765 the Massachusetts Lower House proposed a meeting for the 1st Tuesday of October in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

:
Opposition to the previously imposed Sugar Act
Sugar Act
The Sugar Act, also known as the American Revenue Act or the American Duties Act, was a revenue-raising act passed by the Parliament of Great Britain on April 5, 1764. The preamble to the act stated: "it is expedient that new provisions and regulations should be established for improving the...

 in Boston was led in 1764 by Samuel Adams
Samuel Adams
Samuel Adams was an American statesman, political philosopher, and one of the Founding Fathers of the United States. As a politician in colonial Massachusetts, Adams was a leader of the movement that became the American Revolution, and was one of the architects of the principles of American...

. In Braintree, a village south of Boston, Adams' cousin John Adams was a young lawyer who had become active in politics. In preparation for the planned meeting which would eventually be realized as the Stamp Act Congress
Stamp Act Congress
The Stamp Act Congress was a meeting on October 19, 1765 in New York City of representatives from some of the British colonies of North America. They discussed and acted upon the Stamp Act recently passed by the governing Parliament of Great Britain overseas, which did not include any...

, John Adams drafted instructions issued to the town's representative Ebenezer Thayer, Jr. outlining opposition to the tax on several constitutional grounds. The Braintree Instructions were published in the Massachusetts Gazette on October 10, 1765 and four days later in the Boston Gazette
Boston Gazette
The Boston Gazette was a newspaper published in Boston, Massachusetts, in the British North American colonies. It began publication December 21, 1719 and appeared weekly.-Brief history:...

. Eventually Adams' language was adopted by over forty other towns in Massachusetts, including portions which were used by Samuel Adams in the document drafted for Boston.

Summary

Adams traveled from his home in the North Precinct of Braintree
Quincy, Massachusetts
Quincy is a city in Norfolk County, Massachusetts, United States. Its nicknames are "City of Presidents", "City of Legends", and "Birthplace of the American Dream". As a major part of Metropolitan Boston, Quincy is a member of Boston's Inner Core Committee for the Metropolitan Area Planning Council...

 to the town hall located on the site of the present day First Congregational Church near the intersection of Washington and Elm Streets to discuss his draft of instructions with a committee of town residents. In his writing, Adams began by addressing the economic burden of the tax but proceeded to indict Parliament for violating major principals of English law that had existed for centuries under Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...

, which he referred to in English as the Great Charter. In the third and longest paragraph of the instructions, Adams wrote: "But the most grievous innovation of all, is the alarming extension of the power of courts of admiralty." Adams argued that the imposition of the tax to be enforced by judges without benefit of a jury trial was a severe violation of fundamental rights. The instructions were unanimously adopted by the committee.

Full text

The following is the full text of the Braintree Instructions, adopted by town meeting in Braintree, Province of Massachusetts Bay
Province of Massachusetts Bay
The Province of Massachusetts Bay was a crown colony in North America. It was chartered on October 7, 1691 by William and Mary, the joint monarchs of the kingdoms of England and Scotland...

, on September 24, 1765.


To Ebenezer Thayer, Esq.

Sir,—

In all the calamities which have ever befallen this country, we have never felt so great a concern, or such alarming apprehensions, as on this occasion. Such is our loyalty to the King, our veneration for both houses of Parliament, and our affection for all our fellow-subjects in Britain, that measures which discover any unkindness in that country towards us are the more sensibly and intimately felt. And we can no longer forbear complaining, that many of the measures of the late ministry, and some of the late acts of Parliament, have a tendency, in our apprehension, to divest us of our most essential rights and liberties. We shall confine ourselves, however, chiefly to the act of Parliament, commonly called the Stamp Act, by which a very burthensome, and, in our opinion, unconstitutional tax, is to be laid upon us all; and we subjected to numerous and enormous penalties, to be prosecuted, sued for, and recovered, at the option of an informer, in a court of admiralty, without a jury.

We have called this a burthensome tax, because the duties are so numerous and so high, and the embarrassments to business in this infant, sparsely settled country so great, that it would be totally impossible for the people to subsist under it, if we had no controversy at all about the right and authority of imposing it. Considering the present scarcity of money, we have reason to think, the execution of that act for a short space of time would drain the country of its cash, strip multitudes of all their property, and reduce them to absolute beggary. And what the consequence would be to the peace of the province, from so sudden a shock and such a convulsive change in the whole course of our business and subsistence, we tremble to consider. We further apprehend this tax to be unconstitutional. We have always understood it to be a grand and fundamental principle of the constitution, that no freeman should be subject to any tax to which he has not given his own consent, in person or by proxy. And the maxims of the law, as we have constantly received them, are to the same effect, that no freeman can be separated from his property but by his own act or fault. We take it clearly, therefore, to be inconsistent with the spirit of the common law, and of the essential fundamental principles of the British constitution, that we should be subject to any tax imposed by the British Parliament; because we are not represented in that assembly in any sense, unless it be by a fiction of law, as insensible in theory as it would be injurious in practice, if such a taxation should be grounded on it.

But the most grievous innovation of all, is the alarming extension of the power of courts of admiralty. In these courts, one judge presides alone! No juries have any concern there! The law and the fact are both to be decided by the same single judge, whose commission is only during pleasure, and with whom, as we are told, the most mischievous of all customs has become established, that of taking commissions on all condemnations; so that he is under a pecuniary temptation always against the subject. Now, if the wisdom of the mother country has thought the independency of the judges so essential to an impartial administration of justice, as to render them independent of every power on earth,—independent of the King, the Lords, the Commons, the people, nay, independent in hope and expectation of the heir-apparent, by continuing their commissions after a demise of the crown, what justice and impartiality are we, at three thousand miles distance from the fountain, to expect from such a judge of admiralty? We have all along thought the acts of trade in this respect a grievance; but the Stamp Act has opened a vast number of sources of new crimes, which may be committed by any man, and cannot but be committed by multitudes, and prodigious penalties are annexed, and all these are to be tried by such a judge of such a court! What can be wanting, after this, but a weak or wicked man for a judge, to render us the most sordid and forlorn of slaves?—we mean the slaves of a slave of the servants of a minister of state. We cannot help asserting, therefore, that this part of the act will make an essential change in the constitution of juries, and it is directly repugnant to the Great Charter itself; for, by that charter, “no amerciament shall be assessed, but by the oath of honest and lawful men of the vicinage;” and, “no freeman shall be taken, or imprisoned, or disseized of his freehold, or liberties of free customs, nor passed upon, nor condemned, but by lawful judgment of his peers, or by the law of the land.” So that this act will “make such a distinction, and create such a difference between” the subjects in Great Britain and those in America, as we could not have expected from the guardians of liberty in “both.”

As these, sir, are our sentiments of this act, we, the freeholders and other inhabitants, legally assembled for this purpose, must enjoin it upon you, to comply with no measures or proposals for countenancing the same, or assisting in the execution of it, but by all lawful means, consistent with our allegiance to the King, and relation to Great Britain, to oppose the execution of it, till we can hear the success of the cries and petitions of America for relief.

We further recommend the most clear and explicit assertion and vindication of our rights and liberties to be entered on the public records, that the world may know, in the present and all future generations, that we have a clear knowledge and a just sense of them, and, with submission to Divine Providence, that we never can be slaves.

Nor can we think it advisable to agree to any steps for the protection of stamped papers or stamp-officers. Good and wholesome laws we have already for the preservation of the peace; and we apprehend there is no further danger of tumult and disorder, to which we have a well-grounded aversion; and that any extraordinary and expensive exertions would tend to exasperate the people and endanger the public tranquillity, rather than the contrary. Indeed, we cannot too often inculcate upon you our desires, that all extraordinary grants and expensive measures may, upon all occasions, as much as possible, be avoided. The public money of this country is the toil and labor of the people, who are under many uncommon difficulties and distresses at this time, so that all reasonable frugality ought to be observed. And we would recommend particularly, the strictest care and the utmost firmness to prevent all unconstitutional draughts upon the public treasury.

Samuel Niles, John Adams, Norton Quincy, James Penniman, John Hayward.
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