Beschreibung:

GRENVILLE, GEORGE]. [DECLARATORY ACT, 1766]. Manuscript draft of "An Act for the better securing the Dependency of His Majesty's Dominions in America upon the Crown and Parliament of Great Britain," WITH GRENVILLE'S AUTOGRAPH NOTES. N.p., [London], n.d. [prior to 18 March 1766]. 3 pages, the draft Act occupying pages 1 and 2, Grenville's notes page 3, docketed on page 4. [ With :] An apparently unrelated order in the House of Lords requesting accounts of exports from the colonies, and of the "expence of the several Establishments of the British Colonies in North America." 4 pages, folio. THE POWER TO TAX: "THE COLONIES AND PLANTATIONS IN AMERICA HAVE BEEN, ARE, AND BY RIGHT OUGHT TO BE SUBORDINATE UNTO AND DEPENDANT UPON THE IMPERIAL CROWN AND PARLIAMENT" A working draft, with notes by Grenville, of a critically important Parliamentary act, enacted in final form on 18 March 1766 in order to secure, the same day, the repeal of the hated Stamp Act. "Even as it voted for repeal Parliament also voted an unnecessary, unwise declaration reasserting its sovereign right to impose taxes upon its colonies. To this declaration, Parliament would cling blindly -- all the way to war" (D. Cook, The Long Fuse: How England Lost the American Colonies, 1760-1785 , p. 69). The act declared Parliamentary power to enact laws binding on the colonies "in all cases whatsoever," which were presumed to include the right to tax. Modeled upon the 1719 Irish Declaratory Act, it was drafted at the request of Prime Minister Rockingham. William Pitt convinced that the right to tax must be excluded from its provisions, bitterly opposed its passage. Introduced in Parliament on 3 February, it was the occasion of Edmund Burke's first speech in the House of Commons. During debate on repeal, Benjamin Franklin gave testimony for a full four hours. In the present draft, the text opens: "Whereas several of the Houses of Representatives have of late against Law claimed to themselves the Sole and Exclusive Right of imposing Duties and Taxes upon His Majesty's Subjects in the said Colonies and Plantations." In the margin, to be inserted after "Representatives," Grenville has added "of the general assembly of the corporation & other governments by Royal instruction." Lower on the same page, he has written an apparent comment bearing on the text reference to "certain Votes, Resolutions and Orders derogatory to the Legislative Authority of Parliament." Grenville notes "therefore enact that Law is Law instead of punishing such daring insults." The draft resolves, "May it therefore please your Most Excellent Majesty that it may be declared and be it Declared with the advice and consent of the Lords and Commons that the said Colonies and Plantations in America have been are and of right ought to be subordinate unto and Dependant upon the Imperial Crown and Parliament of Great Britain..." Here, Grenville inserts in the margin, "as being inseparably united & annexed thereto." The facing page carries further notes of Grenville: one paragraph gives an additional provision which would permit any laws passed by the colonies deemed by Crown or Parliament to be in any way "repugnant," to be "illegal, null and void." A note beneath refers to "a recent act of the House of Lords of Ireland," perhaps a reference to the 1719 Irish Declaratory Act. On 18 March, 1766, the repeal of the Stamp Act and the Declaratory Act passed Parliament and George III gave his royal assent to both. In spite of the American success in winning repeal of the Stamp Act, England could still, under the Declaratory Act, impose taxes upon the colonies, and would do so in the Townshend Revenue Acts of 1767. Provenance : From the Grenville papers (see note to preceding lot).