Having spent perhaps more weeks
than any of us intended discussing all things relating to Benjamin Franklin, it
strikes me as almost natural to transition into an exploration of the life and works
of another worthy Pennsylvanian whose fame at the dawn of the Revolution spanned
the colonies from the Gulf of Maine to the Golden Isles. I speak, as I'm sure I
don’t have to tell you, of one John Dickinson. In so many ways the equal of
Franklin – both popular colonial advocates in their day, both having served as
Presidents of Pennsylvania, and both having spent a significant number of years
in Britain – one would yet be
hard-pressed to find two men more unalike in temperament, origins, or treatment
by posterity. For as hard-scrabble and self-made as Franklin’s rise to fame
was, Dickinson’s was defined by privilege and prosperity. As unpretentious and
sardonic as was Franklin’s public persona, Dickinson’s was markedly formal,
restrained, and cautious. And while Benjamin Franklin has become wholly ensconced
in the popular imagination, with his bifocals and kite-flying, John Dickinson
languishes in comparative obscurity. For this reason, and because his pre-1770s
writings were undeniably important to the discussions about sovereignty,
liberty, and natural vs. traditional rights that took place during the
subsequent meetings of the Continental Congresses, a sample of Dickinson’s work
will form the topic of this forthcoming series of posts.
Specifically it is the third of
Dickinson’s famed Letters from a Farmer
in Pennsylvania, published in 1767, upon which we will turn our critical
eye. Written in response to the passage of the Townshend Acts, the twelve Letters very eloquently dissected the
true nature of the challenge said legislation represented and encouraged the
general population of the Thirteen Colonies to remain vigilant of their rights
and guard them against potential abrogation. Though initially published
anonymously, Dickinson’s authorship became well-known in short order and gained
him considerable fame in the years immediately preceding the outbreak of the
Revolutionary War (1775-1783). Consequently Dickinson became one of the most
influential voices in the colonies, second perhaps to Benjamin Franklin, and
was one of the leading lights of the First and Second Continental Congresses
when they convened in 1774 and 1775. While any number of the dozen Letters that Dickinson penned between
1767 and 1768 present a potentially fruitful avenue of investigation, Letter III is of particular interest for
the delicate balance it seems to strike between an outright call to resistance
and a caution against rash action. Unlike Letter
I or Letter II, both of which
present fairly unambiguous cases against British actions aimed at one or all of
the Thirteen Colonies, the third in the series seems far more characteristic of
the restrained, principled, and at-times frustratingly equivocal position Dickinson
found himself in once the crisis between the colonies and the Crown reached its
tipping point in 1775/76. Attempting to understand the nature of the apparent
contradiction in Dickinson’s outlook as recorded in Letter III may thus provide a deeper understanding of his general
ideology, as well as shed light on the oft-ignored spectrum of beliefs that
existed during the Revolutionary Era between Patriot and Loyalist.
But first, of course, some
background.
John Dickinson was born in 1732
on his family’s long-established tobacco plantation in Maryland’s Eastern
Shore. Named Croisadore (Cross of
Gold), the farm had been established several generations earlier by his
English, slave-owning, Quaker great-grandfather Walter Dickinson, who emigrated
to Virginia in 1654 and purchased the initial 400 acre plot on the Choptank
River in 1658. Walter’s son William and grandson Samuel between them increased
the family holdings to 9000 acres spread across five farms in three Maryland
counties, and purchased a further 3000 acres in Delaware along the St. Jones
River. All of the Dickinsons’ plantations were predicated on the use of slave
labour, and proved exceedingly profitable. John Dickinson, son of Samuel, thus
entered the world in a position to want for very little. As was customary among
the Southern planter class, Dickinson’s parents educated their son at home for
the first dozen-or-so years of his life. Paid tutors were thus a frequent part
of young John’s upbringing on his father’s Poplar
Hall plantation in Kent County, Delaware, most notable among them Francis
Alison (a Scottish-educated clergyman) and William Killen (later the first
Chief Justice of Delaware). At age eighteen Dickinson departed for
Philadelphia, the largest and most cosmopolitan city in British North America,
where he studied the law under English barrister John Moland. In 1753, at age
21, he then departed for England to further his education at the fabled Inns of
Court. Dickinson’s four-year sojourn in the seat of empire would prove to be
one of the most influential experiences of his life, and greatly shaped his
perceptions of Anglo-American relations and British culture and politics, as
well as his own sense of self-identification.
For the record, the Inns of Court
were, and are, a collection of four professional/educational associations
(Gray’s Inn, Lincoln’s Inn, Middle Temple, and Inner Temple) located in the
City of London that hold certain exclusive privileges concerning members of the
English legal profession. They are the sole authority permitted to call
qualified students who have been properly examined to the bar; thus, no person
may become a barrister in England or Wales without also being a member of one
of the Inns. While this is no longer a major function of their existence,
having become more professional guilds than schools, during John Dickinson’s
lifetime the Inns were also the premier purveyors of a legal education in the
British Empire. For an American colonial to receive an education at one of the
Inns was considered a sign of particular wealth and refinement to which only
the most well-to-do could aspire. The norm for most young men in the American
colonies seeking to enter the legal profession was to study under an
established barrister for a number of years, read the classic texts of the
English Common Law (Blackstone’s Commentaries
chief among them), and take the bar in their respective colony. Studying at the
Inns was far beyond the means of the great majority of families in colonial
America, and so Dickinson’s time at Middle Temple, between 1753 and 1757,
represented both a personal as well as familial achievement.
In addition to an unparalleled
legal education, Dickinson’s years in London also furnished him with a distinct
affection for certain aspects of British culture as well as an appreciation for
his own status as an American subject of the British Crown. Letters sent home
to his parents, always addressed as “Honored Mother” and “Honored Father”,
attest to the variety and depth of feelings that exposure to the sights and
sounds of London elicited in the young lawyer-in-training. A visit to the House
of Lords provoked disappointment, at the apparent shabbiness of the
surroundings as well as of the men who occupied them, while attendance at the
birthday reception of George II brought forth feelings of pity for the monarch
who seemed rather despondent when not exchanging, “only banal pleasantries with
those around him.” The nightlife, meanwhile, proved much more engaging. Between
trips to the theatre to witness some of the finest actors of their generation
ply their trade, walks in Vauxhall Gardens on the south bank of the Thames, and
time spent on the Mall before St. James’s Palace, Dickinson expressed great
delight in having the opportunity to experience what one of the great cities of
the world had to offer. “It cannot be disputed,” he dutifully wrote his
parents, “that more is learnt of mankind here in a month than can be in a year
in any other part of the world.”
Yet, for all that he came to
enjoy of London’s bustle and sophistication Dickinson expressed occasional
reservations about the naked ostentation and unbridled displays of ambition he
was daily presented. Raised by parents of devout Quaker sensibilities, he was accustomed
to far more modest surroundings and manners. He accordingly came to question
the purpose of attempting to attain advancement within Britain’s elite circles
if the reward was only, “to see a king at a little nearer distance or to wear a
blue ribbond[.]” Though his family connections allowed generous access to much
of what the London had to offer, Dickinson seem unwilling or unable to forget
that he was a native son of the British empire’s far distance colonial
periphery. Poplar Hall was no St.
James’s Palace and Philadelphia was a far cry from the seat of empire, yet they
were, and always would be, home. The resulting feelings of ambivalence, of
marvelling in the achievements of British culture while remaining fundamentally
separate from them, would go on to inform much of Dickinson’s response to the
crisis that emerged between the Crown and the American colonies in the 1760s.
Upon his return to Philadelphia
in 1757 Dickinson took the colonial bar and began a practice of his own. After
first building up a reputation for himself as a lawyer he entered the world of
politics in 1760 by being elected to the colonial assemblies of both Delaware
and Pennsylvania (possible due to his residency in both colonies). Four years
later he became embroiled in a debate with one of Pennsylvania’s leading
citizens, Benjamin Franklin, over the latter’s calls to do away with the
proprietary model of colonial governance then in force. Unlike contemporary New
York or Massachusetts, Pennsylvania was not a direct subject of the Crown, but
rather continued to fall under the authority of the family of its founder
William Penn. As of 1764 the proprietorship was held by William’s son Thomas,
an English-born convert to Anglicanism who spent most of his tenure in office
attempting to lessen the power of the long-established Quaker faction in the
Pennsylvania Assembly. Thomas Penn’s wrangling with the Quakers led to calls
for the abolishment of the proprietary government and the re-charter of
Pennsylvania as a royal colony, to which effort Franklin lent his
then-considerable prestige. Dickinson, a personal friend of the Penn family who
had been regularly hosted by Thomas during his time in London, conversely found
himself one of the most influential voices in favor of maintaining the status
quo. While the conservative faction ultimately succeeded, in that Penn family
rule remained in place, Dickinson’s public position cost him his seat in the
Pennsylvania Assembly.
This, it turn out, was only a
minor setback. The passage of the Stamp Act in 1765 once again thrust Dickinson
into the forefront of Pennsylvania politics when said colony chose him as its
representative at the resulting Stamp Act Congress. Convened in New York City
in October, 1765, the Congress was the first meeting of elected representative
from several of the Thirteen Colonies whose purpose was to decide upon measures
of protest and resistance to British taxation. Members of the Massachusetts
legislature set events in motion by submitting a letter to their fellow
colonists recommending a meeting of representatives from the various colonies in
order to “consult together on the present circumstances.” Though action taken
by several royal governors, and in some cases a lack of interest, prevented
every colony invited from sending delegates, nine ultimately responded in the
affirmative: Pennsylvania, New York, Rhode Island, Massachusetts, Delaware, New
Jersey, Connecticut, Maryland, and South Carolina. The Congress first convened
on October 7th, 1765 at what was then New York City Hall (later
renamed Federal Hall after it played host to the first inauguration of George
Washington in 1789).
Though at 33 Dickinson was the
youngest of the three Pennsylvania delegates – third-youngest overall after
Delaware’s Thomas McKean at 31 and South Carolina’s John Rutledge at 26 – he
was nonetheless chosen to pen the body’s petition/declaration of principles.
Intended to assert to the Crown and to Parliament both the continued loyalty of
the colonists as well as the limits to which that loyalty extended, the Declaration of Rights and Grievances also
made a point of stating unequivocally that all Americans possessed the same rights
as Englishmen, that trial by jury was one such inviolable right, and that there
was to be no taxation of colonial commerce without proper representation of the
colonies in Parliament. Though the British Parliament did ultimately repeal the
Stamp Act in 1766, they did so largely in response to the boycotts on British
goods organized in many of the colonies rather than in acknowledgement of the
rights the colonists claimed they possessed. Indeed, the subsequent passage of
the Declaratory Act, which asserted the authority of Parliament to legislate
for the colonies “in all cases whatsoever”, and the Townshend Acts made it
quite clear that the British government was by no means prepared to concede to
its American subjects any portion of its accustomed authority.
Because the Townshend Acts were
what Dickinson was responding to with Letters
from a Farmer in Pennsylvania, a brief description of exactly what they
were would seem in order. First, as the name suggests, the Townshend Acts were
a series of legislation passed by Parliament over the course of 1767. The first,
approved in June of that year, was the Revenue Act, a measure devised by
Chancellor of the Exchequer Charles Townshend (hence the name) in order to
circumvent what he believed was the root of colonial objection to the previous
Stamp Act. Townshend understood, incorrectly, that the colonists rejected the
Stamp Act, a tax on almost all forms of paper sold in British America, because
it represented an excise on their internal
commerce. By instead taxing the importation of items that could not be
produced in the colonies, including glass, lead, paint, and tea, Townshend
believed the Revenue Act would be acceptable in a way the Stamp Act was not.
This attempt to once more assert Parliamentary prerogatives was joined in the
same session by the Indemnity Act, which cut taxes on tea imported to Britain
so that it could more easily be re-exported to North America. Because tea was
one of the items covered by the Revenue Act it was reasoned that the loss of
revenue in Britain would be made up by that collected in the colonies. The
logic Townshend initially deployed to back the passage of these acts was
essentially the same as that of the Stamp Act, the collection of revenue in
order to help defray the cost of maintaining a British military presence in
North America. By the time the Revenue Act reached the floor of the House of Commons,
however, the Chancellor had instead decided to use the accumulated returns of
the new taxes to pay the salaries of the various governors and justices then
serving in the colonies. As these salaries had previously been the
responsibility of the colonial legislatures, this particular aspect of the
Revenue Act was essentially a means by which the executive and judicial
branches of the various colonial governments could be made beholden to
Parliament rather than to the citizens of British North America.
The final two pieces of legislation usually included under the umbrella phrase “Townshend Acts” were
the Commissioner of Customs Act and the New York Restraining Act. The former
created an American equivalent to the British Board of Customs, to be headquartered
in Boston and tasked with enforcing the collection of excise duties and
guarding against attempts to circumvent taxation of imported goods by means of
smuggling. While this proved in itself to be a highly inflammatory measure,
particularly where it combined with the expanded search powers granted by the
Indemnity Act, the New York Restraining Act was significantly more draconian. In
response to the refusal of the New York Assembly to comply with the terms of
the Quartering Act of 1765, whereby British troops were permitted to house
themselves on private property and at colonial expense, Townshend determined to
suspend the power of said Assembly until they agreed to acquiesce. This
represented a complete abrogation of what colonists believed was their sovereign
right to political representation, made all the more offensive by the fact that
it was mandated by a legislature in which said colonists had no representation.
Though the New York Assembly ultimately appropriated the proper funds in order
to comply with the Quartering Act before the Restraining Act went into effect,
they did so without any reference to either piece of legislation and in the
same breath asserted that it was beyond the authority of Parliament to suspend
the operation of any colonial legislature. Thus a potential crisis was averted,
and the lengths to which Britain was willing to go to enforce obedience upon
its American subjects was revealed. It was within this climate of mistrust and
mutual intransigence that John Dickinson first sat and laid pen to paper in the
creation of Letters from a Farmer in
Pennsylvania. A potential turning point had been reached, he felt, and it
was necessary for someone to take account of what came next and what was at
stake.
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