Adams Papers
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John Quincy Adams to Thomas Boylston Adams, 14 January 1804

John Quincy Adams to Thomas Boylston Adams

Washington 14. January 1804.

My dear Brother.

The Louisiana revenue bill (of which I sent you some time since a copy) has this day pass’d the third reading in the Senate— But with various amendments so that it must go back to the House of Representatives, where it will probably pass on Monday— The first section has been altered in point of form, and made as I conceive more vague and uncertain than it was at first— In thirty-five days from this, it will go into operation as the law of Louisiana.— I have opposed it at every stage to the utmost of my power as an outrageous violation

1. Of the natural rights of the People of Louisiana by taxing them to pay our debts, and without their consent.

2. Of the Treaty, by which we stipulated to protect them in the enjoyment of their liberty and property.

3. Of the Constitution of the United States, which neither contains nor could possibly contain any authority to Congress to tax the people of Louisiana without their consent.

4. Of the fundamental principle of our own Revolution, and of our national Independence.

5. Of Common Sense and common prudence, which forbid the introduction of Laws in the Mass, in a language which the people over whom they are to operate cannot understand, for the purpose of imposing upon them a heavy burthen of taxation, when we know almost as little of them as they know of us.1

The only answer given to all these objections, that had a colour of plausibility was comprized in one word—RevenueMoney— And so powerful has been this single answer that when the yeas and nays have been taken on any question, involving either of the principles to which I appealed, there has never been more than three votes with me besides my own— The Stamp Act itself did not pass more triumphantly through the British Parliament, when first introduced, than this bill will pass through Congress.2

As the mere giving a negative vote on this bill could not have shewn on any future occasion, the principles upon which it rested, I introduced some days since three Resolutions, the two first of which contained fully the question as to the rightful power of Congress to pass this Law— They were rejected after very little discussion, without being suffered to lay one day upon the table— The reason given for this rejection was that their tendency was dangerous, and might rouse the Louisianians to a sense of their rights, which they are now too ignorant to comprehend— All this goes on swimmingly; but if the principles which I advocated are not formed of sturdier stuff than to be put down by votes of a Senate, or even Acts of a Congress, it is time to know that they must be abandoned as solemn impostures—the mere cant of political hypocrisy.— On finding myself almost alone in my adherence to them, I have been diffident of my own Judgment, and fearful of some fallacy, in my own reasoning— This I have diligently but fruitlessly sought after— Nor has any one of the majority so strong to outvote me, attempted to point it out— Their answer is what would become of the Revenue?

My reply was—Obtain by an Amendment of the Constitution, as you can with perfect ease between this and the next Session, explicit powers to Congress, to do, what is stipulated in the third Article of the Treaty—3 That will comprize authority to legislate for and tax the Louisianians with their consent, untill they can be admitted as equal partners into the Union— Obtain also between this and the next Session, the consent of the Louisianians, of which you are equally sure to obey your laws for the sake of your protection—that is, an acknowledgment of allegiance— The manner of obtaining this consent, of the Louisianians which I proposed was, by giving them an option, similar to that stipulated in Mr: Jay’s treaty of 1794, for the settlers at the British Posts, and requiring them within a given time to declare whether they would or would not be subject to the authority, of the United States; and if not, permission for a limited time to sell their property and remove.4 This would have sufficed to shew respect for the principle, and might have been effected with perfect ease.— They would all or next to all have staid And then a revenue system may be introduced— Untill then, govern them by their antient laws, without attempting any alteration whatsoever— Receive the revenue collected under them, which will probably be as much as you will eventually get by thus abruptly crowding upon them a complicated revenue-system of your own, the work of fifteen years legislation, and in a tongue unknown to them— If money alone were to be the object, this plan would be unwise— But when for the sake of one year’s revenue from the single port of New-Orleans we must trample upon the most sacred laws human and divine—I cannot do it.— Here then the matter rests untill we see what effect the system adopted will produce— If the people there are satisfied with it; my principles will not be disproved; but they will be held in contempt still more than they are at present— Of this I am not unaware— But the [. . . .] of this must be one of the things for which I ought to be prepared—

As soon as the sheet of our Journals, shall be printed, containing my resolutions, I will send it to you;5 and with these explanations you will be on your guard against such misrepresentations, as my conduct in this case may be exposed to with you, as they have it has been in former instances.— Meantime I am faithfully yours.

John Q. Adams

RC (MHi:Photostat Coll.); internal address: “T. B. Adams Esqr.” Some loss of text where the seal was removed.

1On 30 Nov. 1803 a bill was introduced in the House of Representatives authorizing the collection of duties on goods transported into the new Louisiana territory. It passed the House on 19 Dec. and was introduced in the Senate on 5 Jan. 1804. JQA opposed the bill, arguing that imposing duties on Louisiana residents without their approval was akin to the British system of taxation that Americans had so recently thrown off. In three resolutions offered on 10 Jan., JQA urged the Senate to acknowledge that the U.S. Constitution did not confer upon the Senate the right to tax Louisiana, that imposing such taxes was “dangerous to the liberties of the people of the United States,” and that such action by the Senate infringed upon the House’s power to raise revenue. The Senate defeated each resolution, the first and second by votes of 22 to 4 and the third by a unanimous vote after JQA joined in an acknowledgment of defeat. The Senate passed the revenue bill on 14 Jan., and Thomas Jefferson signed it into law on 26 March (Annals of Congress description begins The Debates and Proceedings in the Congress of the United States [1789–1824], Washington, D.C., 1834–1856; 42 vols. description ends , 8th Cong., 1st sess., p. 226–227, 228–229, 232, 638, 781–782; U.S. Statutes at Large description begins The Public Statutes at Large of the United States of America, 1789– , Boston and Washington, D.C., 1845– . description ends , 2:283–289).

2Although a few members of the British House of Commons attempted to delay consideration of the proposed Stamp Act in Feb. 1765, the motion to postpone failed by a vote of 245 to 49. The act passed with little further dissent, receiving unanimous support without debate in the House of Lords (A Companion to the American Revolution, ed. Jack P. Greene and J. R. Pole, Malden, Mass., 2000, p. 121; Parliamentary Hist. description begins The Parliamentary History of England, from the Earliest Period to the Year 1803, London, 1806–1820; 36 vols. description ends , 16:40).

3Art. 3 of the treaty between France and the United States ceding Louisiana stated: “The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.” JQA’s transcription of Art. 3 in French dated [1803–1804] is in the Adams Papers (Miller, Treaties description begins Treaties and Other International Acts of the United States, ed. Hunter Miller, Washington, D.C., 1931–1947; 8 vols. description ends , 2:501).

4JQA was referring to the treatment of occupants of former British posts in Art. 2 of the Jay Treaty, which decreed: “All Settlers and Traders, within the Precincts or Jurisdiction of the said Posts, … shall not be compelled to become Citizens of the United States, or to take any Oath of allegiance to the Government thereof, but they shall be at full liberty so to do, if they think proper, and they shall make and declare their Election within one year after the Evacuation aforesaid. And all persons who shall continue there after the expiration of the said year, without having declared their intention of remaining Subjects of His Britannick Majesty, shall be considered as having elected to become Citizens of the United States” (Miller, Treaties description begins Treaties and Other International Acts of the United States, ed. Hunter Miller, Washington, D.C., 1931–1947; 8 vols. description ends , 2:246).

5William Duane & Son published the original edition of U.S. Senate, Jour. description begins Journal of the Senate of the United States of America, Washington, D.C., 1789– . description ends , 8th Cong., 1st sess., and Samuel Harrison Smith likewise published U.S. House, Jour. description begins Journal of the House of Representatives of the United States, Washington, D.C., 1789– . description ends , 8th Cong., 1st sess., in Washington in 1803 and 1804. On 27 Dec. 1803 (Adams Papers), JQA also wrote TBA of his intention to send “the Journals of the two houses sheet by sheet, as they are published.”

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