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A fresh view of the legal arguments leading to the American Revolution, this book argues that rebellious acts called "lawless" mob action by British authorities were sanctioned by "whig law" in the eyes of the colonists. Professor Reid also holds that leading historians have been misled by taking both sides' forensic statements at face value. The focus is on three events. First was the Malcom Affair (1766), when a Boston merchant and his friends faced down a sheriff's party seeking smuggled goods, arguing that the search warrant was invalid. Second was a parade in Boston to celebrate the second anniversary (1768) of the repeal of the Stamp Act—an occasion when some revenue officials were hanged in effigy. Third was the Liberty "riot" (1768), when customs officers boarded John Hancock's ship and were carried off by a crowd including the aforementioned Malcom. Legal inquires into the three events were marked by hyperbole on both sides. Whigs depicted Crown officials as lawless trespassers serving a foreign tyrant. Tories painted the Sons of Liberty as lawless mobs of almost savage ferocity. Both sides, as the author shows, had extralegal motives: whigs to enlist supporters in the other colonies for the cause of independence; tories to bring British troops and warships to Massachusetts in support of the status quo. Both succeeded in their polemical aims, and both have gulled most historians.
The Ideological Origins of the American Revolution, awarded both the Pulitzer and the Bancroft prizes, has become a classic of American historical literature. Hailed at its first appearance as “the most brilliant study of the meaning of the Revolution to appear in a generation,” it was enlarged in a second edition to include the nationwide debate on the ratification of the Constitution, hence exploring not only the Founders’ initial hopes and aspirations but also their struggle to implement their ideas in constructing the national government. Now, in a new preface, Bernard Bailyn reconsiders salient features of the book and isolates the Founders’ profound concern with power. In pamphlets, letters, newspapers, and sermons they returned again and again to the problem of the uses and misuses of power—the great benefits of power when gained and used by popular consent and the political and social devastation when acquired by those who seize it by force or other means and use it for their personal benefit. This fiftieth anniversary edition will be welcomed by readers familiar with Bailyn’s book, and it will introduce a new generation to a work that remains required reading for anyone seeking to understand the nation’s historical roots.
In this work, which won the 1924 Pulitzer Prize in history, McIlwain argues that the central problem in the genesis of the American Revolution was the determination of the exact nature of the British Empire's constitution. "After a searching examination of a wealth of judicial precedents drawn largely from Ireland's relations with the English king and parliament, the author reaches the conclusion that 'there was a bona fide constitutional issue which preceded the American Revolution, and from which it in part resulted.' He contends that, strictly from the legal standpoint, the colonists had a number of good constitutional precedents to support their position.": Allison, Fay, [et. al.] A Guide to Historical Literature cited in Marke, A Catalogue of the Law Collection at New York University (1953) 377.