"The list of the new (Legislative) Council appointed by the Crown

consisted of thirty-six members. But twelve of the number declined their

commissions, and most of those who accepted were speedily obliged to

resign them in order to save their property and persons from the fury of

the multitude. The judges newly appointed experienced much the same

treatment. All the inferior officers of the Courts of Judicature, the

clerks, the juries, and all others concerned, explicitly refused to act

under the new laws. In some places the populace shut up the avenues to

the court-houses; and upon being required to make way for the judges and

officers of the court, they declared that they knew of no court nor

establishment in the province contrary to the ancient usages and forms,

and would recognize none.

"The former Constitution being thus destroyed by the British

Legislature, and the people refusing to acknowledge that which was

substituted in its room, a dissolution of all government necessarily

ensued. The resolution to oppose the designs of Great Britain produced

occasionally some commotions; but no other consequences followed this

defect of government. Peace and good order remained everywhere

throughout the province, and the people demeaned themselves with as much

regularity as if the laws still continued in their full and formal

rigour." (Andrews' History of the War, Vol. I., pp. 145, 146.)]

CHAPTER XX.

THE GENERAL CONGRESS OR CONVENTION AT PHILADELPHIA, SEPTEMBER AND

OCTOBER, 1774.

The word Congress, in relation to the United States, is synonymous with

the word Parliament in Great Britain, signifying the Legislature of the

nation at large; but before the revolution the word Congress was used,

for the most part, as synonymous with Convention--a voluntary meeting of

delegates elected by towns or counties for certain purposes. A meeting

of delegates from the several towns of a county was called a _Congress_,

or Convention of such county; a meeting of delegates of the several

towns of a province was called a Provincial Congress, or Convention; and

a meeting of _delegates_ of the several County Conventions in the

several provinces was called a _General_ or _Continental_ Congress,

though they possessed no _legal_ power, and their resolutions and

addresses were the mere expressions of opinion or advice.

Such was the Continental Congress that assembled in Philadelphia the 5th

of September, 1774--not a legislative or executive body possessing or

assuming any legislative or executive power--a body consisting of

fifty-five delegates elected by the representatives of twelve out of the

thirteen provinces--Georgia, the youngest and smallest province, not

having elected delegates. The sittings of this body, or Congress, as it

was called, continued about eight weeks, and its proceedings were

conducted with all the forms of a Legislative Assembly, but with closed

doors, and under the pledge of secrecy, until dissolved by the authority

of the Congress itself.

Each day's proceedings was commenced with prayer by some minister. Mr.

Peyton Randolph, Speaker of the House of Burgesses of Virginia, was

elected President, and Mr. Charles Thompson, of Pennsylvania, was chosen

Secretary.

After deciding upon the mode of conducting the business, it was

resolved, after lengthened discussion, that each colony should be equal

in voting--each colony having one vote, whatever might be the number of

its delegates.

This Congress consisted of the assembled representatives of the American

colonies, and truly expressed their grievances, opinions, and feelings.

As the proceedings were with closed doors, the utterances of individuals

were not reported; but in the reported results of their deliberations

there is not an opinion or wish expressed which does not savour of

affection to the mother country and loyalty to the British Constitution.

Down to this ninth or last year of the agitation which commenced with

the passing of the Stamp Act, before bloody conflicts took place between

British soldiers and inhabitants of Massachusetts, there was not a

resolution or petition or address adopted by any Congress, or

Convention, or public meeting in the colonies, that contained a

principle or sentiment which has not been professed by the loyal

inhabitants of British America, and which is not recognized at this day

by the British Government and enjoyed by the people in all the provinces

of the Dominion of Canada.

The correctness of these remarks will appear from a summary of the

proceedings of this Continental Congress, and extracts from its

addresses, which will show that the colonies, without exception, were as

loyal to their constitutional sovereign as they were to their

constitutional rights,[344] though in royal messages and ministerial

speeches in Parliament their petitions and remonstrances were called

treason, and the authors of them were termed rebels and traitors. The

principal acts of this Congress were a Declaration of Rights; an address

to the King; an address to the people of Great Britain; a memorial to

the Americans; a letter to the people of Canada. Non-importation and

non-exportation agreements were adopted and signed by all the members;

and Committees of Vigilance were appointed.

"Then on the 26th of October, the 'fifty-five' separated and returned to

their homes, determined, as they expressed it, 'that they were

themselves to stand or fall with the liberties of America.'"[345]

Among the first important acts of this Congress was the declaration of

colonial rights, grievances, and policy. As this part of their

proceedings contains the whole case of the colonies as stated by their

own representatives, I will give it, though long, in their own words, in

a note.[346] This elaborate and ably written paper does not appear to

contain a sentiment of treason, nor anything which the members of the

Congress had not a right to express and complain of as British subjects;

while they explicitly recognized in Parliament all the authority which

could be constitutionally claimed for it, and which was requisite for

British supremacy over the colonies, or which had ever been exercised

before 1764.

On the 1st of October, the Congress, after long consideration,

unanimously resolved--

"That a loyal address to his Majesty be prepared, dutifully requesting

the Royal attention to the grievances which alarm and distress his

Majesty's faithful subjects in North America, and entreating his

Majesty's gracious interposition to remove such grievances, and thereby

to restore to Great Britain and the colonies that harmony so necessary

to the happiness of the British empire, and so ardently desired by all

America."

This address or petition, like all the papers emanating from this

Congress, was written with consummate ability.[347] In this petition to

the King, the Congress begged leave to lay their grievances before the

Throne. After a particular enumeration of these, they observed that they

wholly arose from a destructive system of colony administration adopted

since the conclusion of the last war. They assured his Majesty that they

had made such provision for defraying the charges of the administration

of justice, and the support of civil government, as had been judged

just, and suitable to their respective circumstances; and that for the

defence, protection, and security of the colonies, their militia would

be fully sufficient in time of peace; and in case of war, they were

ready and willing, when constitutionally required, to exert their most

strenuous efforts in granting supplies and raising forces. They said,

"We ask but for peace, liberty, and safety. We wish not a diminution of

the prerogative; nor do we solicit the grant of any new right in our

favour. Your royal authority over us, and our connection with Great

Britain, we shall always carefully and zealously endeavour to support

and maintain."[348] They concluded their masterly and touching address

in the following words:

"Permit us, then, most gracious Sovereign, in the name of all your

faithful people in America, with the utmost humility, to implore you,

for the honour of Almighty God, whose pure religion our enemies are

undermining; for your glory, which can be advanced only by rendering

your subjects happy and keeping them united; for the interest of your

family, depending on an adherence to the principles that enthroned it;

for the safety and welfare of your kingdom and dominions, threatened

with almost unavoidable dangers and distresses, that your Majesty, as

the loving Father of your whole people, connected by the same bonds of

law, loyalty, faith, and blood, though dwelling in various countries,

will not suffer the transcendent relation formed by these ties to be

farther violated in certain expectation of efforts that, if attained,

never can compensate for the calamities through which they must be

gained."[349]

Their address to the people of Great Britain is equally earnest and

statesmanlike. Two or three passages, as samples, must suffice. After

stating the serious condition of America, and the oppressions and

misrepresentations of their conduct, and their claim to be as free as

their fellow-subjects in Great Britain, they say:

"Are not the proprietors of the soil of Great Britain lords of their own

property? Can it be taken from them without their consent? Will they

yield it to the arbitrary disposal of any men or number of men

whatsoever? You know they will not.

"Why then are the proprietors of the soil of America less lords of their

property than you are of yours; or why should they submit it to the

disposal of your Parliament, or any other Parliament or Council in the

world, not of their election? Can the intervention of the sea that

divides us cause disparity of rights; or can any reason be given why

English subjects who live three thousand miles distant from the royal

palace should enjoy less liberty than those who are three hundred miles

distant from it? Reason looks with indignation on such distinctions, and

freemen can never perceive their propriety."

They conclude their address to their fellow-subjects in Great Britain in

the following words:

"We believe there is yet much virtue, much justice, and much public

spirit in the English nation. To that justice we now appeal. You have

been told that we are seditious, impatient of government, and desirous

of independence. Be assured that these are not facts, but calumnies.

Permit us to be as free as yourselves, and we shall ever esteem a union

with you to be our greatest glory and our greatest happiness; and we

shall ever be ready to contribute all in our power to the welfare of the

empire. We shall consider your enemies as our enemies, and your interest

as our own.

"But if you are determined that your Ministers shall wantonly sport with

the rights of mankind; if neither the voice of justice, the dictates of

law, the principles of the Constitution, nor the suggestions of humanity

can restrain your hands from shedding human blood in such an impious

cause, we must then tell you that we will never submit to be hewers of

wood and drawers of water to any Ministry or nation in the world.

"_Place us in the same situation that we were at the close of the late

war, and our former harmony will be restored._"

The address of the members of this Congress to their constituents is a

lucid exposition of the several causes which had led to the then

existing state of things, and is replete with earnest but temperate

argument to prove that their liberties must be destroyed, and the

security of their persons and property annihilated, by submission to the

pretensions of the British Ministry and Parliament. They state that the

first object of the Congress was to unite the people of America, by

demonstrating the sincerity and earnestness with which reconciliation

had been sought with Great Britain upon terms compatible with British

liberty. After expressing their confidence in the efficacy of the

passive commercial resistance which had been adopted, they conclude

their address thus:

"Your own salvation and that of your posterity now depend upon

yourselves. You have already shown that you entertain a proper sense of

the blessings you are striving to retain. Against the temporary

inconveniences you may suffer from a stoppage of trade, you will weigh

in the opposite balance the endless miseries you and your descendants

must endure from an established arbitrary power." ...

"Motives thus cogent, arising from the emergency of your unhappy

condition, must excite your utmost diligence and zeal to give all

possible strength and energy to pacific measures calculated for your

relief. But we think ourselves bound in duty to observe to you, that the

schemes agitated against the colonies have been so conducted as to

render it prudent that you should extend your views to mournful events,

and be in all respects prepared for every contingency. Above all things,

we earnestly entreat you, with devotion of spirit, penitence of heart,

and amendment of life, to humble yourselves, and implore the favour of

Almighty God; and we fervently beseech His Divine goodness to take you

into His gracious protection."

The letters addressed to the other colonies not represented in the

Congress require no special reference or remark.

After completing the business before them, this first General Congress

in America recommended that another Congress should be held in the same

place on the tenth day of the succeeding May, 1775, "unless redress of

their grievances should be previously obtained," and recommending to all

the colonies "to choose deputies as soon as possible, to be ready to

attend at that time and place, should events make their meeting

necessary."

I have presented an embodiment of the complaints, sentiments, and wishes

of the American colonies in the words of their elected representatives

in their first General Congress. I have done so for two reasons: First,

to correct as far as I can the erroneous impression of thousands of

English and Canadian readers, that during the ten years' conflict of

words, before the conflict of arms, between the British Ministry and

Parliament and Colonies, the colonists entertained opinions and views

incompatible with subordination to the mother country, and were

preparing the way for separation from it. Such an opinion is utterly

erroneous. Whatever solitary individuals may have thought or wished, the

petitions and resolutions adopted by the complaining colonists during

these ten years of agitation breathe as pure a spirit of loyalty as they

do of liberty; and in no instance did they ask for more, or as much, as

the inhabitants of the provinces of the Canadian Dominion this day

enjoy.

My second reason for thus quoting the very words of the declarations and

petitions of the colonists is to show the injustice with which they were

represented and treated by the British Ministry, Parliament, and press

in England.

It was hoped by the Congress that their address to the people of England

would have a happy influence in favour of the colonies upon the public

mind, and tell favourably on the English elections, which took place the

latter part of the year 1774; but the elections were suddenly ordered

before the proceedings of the Congress could be published in England.

The elections, of course, resulted adversely to the colonies; and the

new Parliament was more subservient to the Ministry against the colonies

than the preceding Parliament.[350]

This new Parliament met the 30th day of November, when the King was

advised to inform them, among other things, "that a most daring spirit

of resistance and disobedience to the laws unhappily prevailed in the

province of Massachusetts, and had broken forth in fresh violences of a

very criminal nature; that these proceedings had been countenanced and

encouraged in his other colonies; that unwarrantable attempts had been

made to obstruct the commerce of his kingdom by unlawful combinations;

and that he had taken such measures and given such orders as he judged

most proper and effectual for carrying into execution the laws which

were passed in the last session of the late Parliament relative to the

province of Massachusetts."[351]

Answers were adopted in both Houses of Parliament re-echoing the

sentiments of the Royal Speech, but not without vehement debates. There

was a considerable minority in both Lords and Commons that sympathised

with the colonies, and condemned the Ministerial policy and the Acts of

the previous Parliament complained of. In the Commons, the Minister was

reminded of the great effects he had predicted from the American acts.

"They were to humble that whole continent without further trouble; and

the punishment of Boston was to strike so universal a panic in all the

colonies that it would be totally abandoned, and instead of obtaining

relief, a dread of the same fate would awe the other provinces to a most

respectful submission."[352] But the address, re-echoing the Royal

Speech for coercion, was adopted by a majority of two to one.

In the Lords a similar address was passed by a large majority; but the

Lords Richmond, Portland, Rockingham, Stamford, Torrington, Ponsonby,

Wycombe, and Camden entered upon the journals a protest against it,

which concluded in the following memorable words:

"Whatever may be the mischievous designs or the inconsiderate temerity,

we wish to be known as persons who have disapproved of measures so

injurious in their past effects and future tendency, and who are not in

haste, without inquiry or information, to commit ourselves in

declarations which may precipitate our country into all the calamities

of civil war."[353]

Before the adjournment of the new Parliament for the Christmas holidays,

the papers containing the proceedings of the Continental Congress at

Philadelphia reached England. The first impression made by them is said

to have been in favour of America. The Ministry seemed staggered, and

their opposers triumphed in the fulfilment of their own predictions as

to the effects of Ministerial acts and policy in America. The Earl of

Dartmouth, Secretary of State for the Colonies, after a day's perusal of

these papers, said that the petition of the Congress to the King (of

which extracts have been given above) was a decent and proper one. He

cheerfully undertook to present it to the King; and reported afterwards

that his Majesty was pleased to receive it very graciously, and would

lay it before his two Houses of Parliament. From these favourable

circumstances, the friends of conciliation anticipated that the petition

of the Colonial Congress would be made the basis of a change of measures

and policy in regard to the colonies. But these hopes were of short

duration.

FOOTNOTES:

[Footnote 344: The royal historian, Andrews, states:

"The delegates were enjoined, by the instructions they had received from

their constituents, solemnly to acknowledge the sovereignty of Great

Britain over them, and their willingness to pay her the fullest

obedience, as far _as_ the constitution authorized her to demand it;

they were to disclaim all notions of separating from her; and to declare

it was with the deepest regret they beheld a suspension of that

confidence and affection which had so long, and so happily for both,

subsisted between Great Britain and her colonies.

"But they were no less carefully directed at the same time to assert the

rights transmitted to them by their ancestors. These rights they would

never surrender, and would maintain them at all perils. They were

entitled to all the privileges of British subjects, and would not yield

to the unjust pretensions of Parliament, which, in the present treatment

of the colonies, had violated the principles of the constitution and

given them just occasion to be dissatisfied and to rise in opposition.

Parliament might depend this opposition would never cease until those

Acts were wholly repealed that had been the radical cause of the present

disturbances." (Andrews' History of the War with America, Spain and

Holland, from 1775 to 1783, pp. 156, 157.)]

[Footnote 345: Elliott's New England History, Vol. II., Chap. xvi., p.

289.

"Washington and Lee believed the non-importation and exportation

agreements would open the eyes of England; but Patrick Henry agreed with

John and Samuel Adams in believing that _force_ must decide it, and,

like them, was ready to meet any emergency."--_Ib._

"The New York Legislature at once repudiated the doings of the Congress;

but elsewhere it met with a hearty response."--_Ib._, p. 290.]

[Footnote 346: "Whereas, since the close of the last war, the British

Parliament, claiming a power, of right, to bind the people of America by

statutes in all cases whatsoever, hath in some Acts expressly imposed

taxes on them; and in others, under various pretences, but in fact for

the purpose of raising a revenue, hath imposed rates and duties payable

in these colonies, established a Board of Commissioners with

unconstitutional powers, and extended the jurisdiction of Courts of

Admiralty, not only for collecting the said duties, but for the trial of

causes merely arising within the body of a county:

"And whereas, in consequence of other statutes, judges, who before held

only estates at will in their offices, have been made dependent on the

Crown alone for their salaries, and standing armies kept in times of

peace:

"And whereas it has lately been resolved in Parliament, that by force of

a statute made in the thirty-fifth year of the reign of King Henry

VIII., colonists may be transported to England and tried there upon

accusations for treasons, and misprisions and concealments of treasons

committed in the colonies, and by a late statute such trials have been

directed in cases therein mentioned:

"And whereas, in the last session of Parliament, three statutes were

made--one entitled, 'An Act to discontinue, in such manner and for such

time as are therein mentioned, the landing and discharging, lading or

shipping of goods, wares, and merchandise, at the town, and within the

harbour of Boston, in the province of Massachusetts Bay, in North

America;' another entitled, 'An Act for the better regulating the

Government of the Province of Massachusetts Bay, in New England;' and

another Act entitled, 'An Act for the impartial administration of

justice, in the cases of persons questioned for any act done by them in

the execution of the law, or for the suppression of riots and tumults,

in the province of the Massachusetts Bay, in New England;' and another

statute was then made, 'for making more effectual provision for the

government of the province of Quebec,' etc.--all which statutes are

impolitic, unjust, and cruel, as well as unconstitutional, and most

dangerous and destructive of American rights:

"And whereas assemblies have been frequently dissolved, contrary to the

rights of the people, when they attempted to deliberate on grievances;

and their dutiful, humble, loyal, and reasonable petitions to the Crown

for redress have been repeatedly treated with contempt by his Majesty's

Ministers of State; the good people of the several colonies of New

Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,

Connecticut, New York, New Jersey, Pennsylvania, New Castle, Kent and

Sussex on Delaware, Maryland, Virginia, North Carolina, and South

Carolina, justly alarmed at the arbitrary proceedings of Parliament and

Administration, have severally elected, constituted, and appointed

deputies to meet and sit in General Congress, in the city of

Philadelphia, in order to obtain such establishment as that their

religion, laws, and liberties may not be subverted; whereupon the

deputies so appointed being now assembled, in a full and free

representation of these colonies, taking into their most serious

consideration the best means of attaining the ends aforesaid, do in the

first place, as Englishmen, what their ancestors in like cases have

usually done, for asserting and vindicating their rights and liberties,

DECLARE, that the inhabitants of the English colonies in North America,

by the immutable laws of nature, the principles of the English

Constitution, and the several charters or compacts, have the following

rights:

"Resolved, N. C. D. 1st, That they are entitled to life, liberty, and

property; and they have never ceded to any sovereign power whatever a

right to dispose of either without their consent.

"Resolved, N. C. D. 2nd, That our ancestors, who first settled these

colonies, were, at the time of their emigration from the mother country,

entitled to all the rights, liberties, and immunities of free and

natural-born subjects within the realm of England.

"Resolved, N. C. D. 3rd, That by such emigration they by no means

forfeited, surrendered, or lost any of those rights, but that they were,

and their descendants now are, entitled to the exercise and enjoyment of

all such of them as their local and other circumstances enabled them to

exercise and enjoy.

"Resolved, 4th, That the foundation of English liberty and of all free

government is a right in their people to participate in their

Legislative Council; and as the English colonists are not represented,

and from their local and other circumstances cannot properly be

represented in the British Parliament, they are entitled to a free and

exclusive power of legislation in their several Provincial Legislatures,

where their right of representation can alone be preserved, in all cases

of taxation and internal polity, subject only to the negative of their

Sovereign, in such manner as has been heretofore used and accustomed.

But from the necessity of the case, and a regard to the mutual interest

of both countries, we cheerfully consent to the operation of such Acts

of the British Parliament as are _bona fide_ restrained to the

regulation of our external commerce, for the purpose of securing the

commercial advantages of the whole empire to the mother country, and the

commercial benefits of its respective members; excluding every idea of

taxation, internal or external, for raising a revenue on the subjects in

America without their consent.

"Resolved, N. C. D. 5th, That the respective colonies are entitled to

the common law of England, and more especially to the great and

inestimable privilege of being tried by their peers of the vicinage,

according to the course of that law.

"Resolved, 6th, That they are entitled to the benefit of such of the

English statutes as existed at the time of their colonization; and which

they have, by experience, respectively found to be applicable to their

several local and other circumstances.

"Resolved, N. C. D. 7th, That these his Majesty's colonies are likewise

entitled to all the immunities and privileges granted and confirmed to

them by Royal Charters, or secured by their several codes of Provincial

laws.

"Resolved, N. C. D. 8th, That they have a right peaceably to assemble,

consider of their grievances, and petition the King; and that all

prosecutions, prohibitory proclamations, and commitments for the same,

are illegal.

"Resolved, N. C. D. 9th, That the keeping a standing army in these

colonies, in times of peace, without the consent of the Legislature of

the colony in which such army is kept, is against law.

"Resolved, N. C. D. 10th, It is indispensably necessary to good

government, and rendered essential by the English constitution, that the

constituent branches of the Legislature be independent of each other;

that, therefore, the exercise of legislative power in several colonies,

by a Council appointed, during pleasure, by the Crown, is

unconstitutional, dangerous, and destructive to the freedom of American

legislation.

"All and each of which the aforesaid deputies, in behalf of themselves

and their constituents, do claim, demand, and insist on, as their

indubitable rights and liberties; which cannot be legally taken from

them, altered or abridged by any power whatever, without their own

consent, by their representatives in their several Provincial

Legislatures.

"In the course of our inquiry, we find many infringements and violations

of the foregoing rights, which, from an ardent desire that harmony and

mutual intercourse of affection and interest may be restored, we pass

over for the present, and proceed to state such Acts and measures as

have been adopted since the last war, which demonstrate a system formed

to enslave America.

"Resolved, N. C. D., That the following Acts of Parliament are

infringements and violations of the rights of the colonies; and that the

repeal of them is essentially necessary, in order to restore harmony

between Great Britain and the American colonies, viz.:

"The several Acts of 4 Geo. III. chaps. 15 and 34--5 Geo. III. chap.

25--6 Geo. III. chap. 52--7 Geo. III. chap. 41 and chap. 46--8 Geo. III.

chap. 22, which imposed duties for the purpose of raising a revenue in

America, extend the power of the Admiralty Courts beyond their ancient

limits; deprive the American subject of trial by jury; authorize the

judge's certificate to indemnify the prosecutor from damages that he

might otherwise be liable to; requiring oppressive security from a

claimant of ships and goods seized, before he shall be allowed to defend

his property, and are subversive of American rights.

"Also 12 Geo. III. chap. 24, intituled 'An Act for the better securing

his Majesty's dockyards, magazines, ships, ammunition, and stores,'

which declares a new offence in America, and deprives the American

subject of a constitutional trial by a jury of the vicinage, by

authorizing the trial of any person charged with the committing of any

offence described in the said Act, out of the realm, to be indicted and

tried for the same in any shire or county within the realm.

"Also the three Acts passed in the last session of Parliament, for

stopping the port and blocking up the harbour of Boston, for altering

the Charter and Government of Massachusetts Bay, and that which is

intituled 'An Act for the better administration of justice,' etc.

"Also, the Act passed in the same session for establishing the Roman

Catholic religion in the province of Quebec, abolishing the equitable

system of English laws, and erecting a tyranny there, to the great

danger (from so total a dissimilarity of religion, law, and government)

of the neighbouring British colonies, by the assistance of whose blood

and treasure the said country was conquered from France.

"Also, the Act passed in the same session for the better providing

suitable quarters for officers and soldiers in his Majesty's service in

North America.

"Also, that the keeping a standing army in several of these colonies, in

time of peace, without the consent of the Legislature of that colony in

which such army is kept, is against law.

"To these grievous Acts and measures, Americans cannot submit; but in

hopes their fellow-subjects in Great Britain will, on a revision of

them, restore us to that state in which both countries found happiness

and prosperity, we have for the present only resolved to pursue the

following peaceable measures: 1. To enter into a non-importation,

non-consumption, and non-exportation agreement or association; 2. To

prepare an address to the people of Great Britain, and a memorial to the

inhabitants of British America; and 3. To prepare a loyal address to his

Majesty, agreeable to resolutions already entered into." (Marshall's

American Colonial History. Appendix IX., pp. 481-485.)]

[Footnote 347: See the Earl of Chatham's remarks on page 423.]

[Footnote 348: Ramsay's Colonial History, Vol. I., p. 418.]

[Footnote 349: "The Committee which brought in this admirably well-drawn

and truly conciliatory address were Mr. Lee, Mr. John Adams, Mr.

Johnston, Mr. Henry, Mr. Rutledge, and Mr. Dickenson. The original

composition has been generally attributed to Mr. Dickenson." (Marshall's

American Colonial History, Chap. xiv., p. 419, in a note.)]

[Footnote 350: "Some time before the proceedings of Congress reached

England, it was justly apprehended that the non-importation agreement

would be one of the measures they would adopt. The Ministry,

apprehending that this event, by distressing the trading and

manufacturing towns, might influence votes against the Court in the

election of a new Parliament, which was, of course, to come on in the

succeeding year, suddenly dissolved the Parliament and immediately

ordered a new one to be chosen. It was their design to have the whole

business of elections over before the inconveniences of non-importation

could be felt. The nation was thus surprised into an election. Without

knowing that the late American acts had driven the colonies into a firm

combination to support and make common cause with the people of

Massachusetts, a new Parliament was returned, which met thirty-four days

after the proceedings of Congress were first published in Philadelphia,

and before they were known in Great Britain. This, for the most part,

consisted either of the former members, or of those who held similar

sentiments." (Ramsay's Colonial History, Vol. I., Chap. vi., p. 424.)]

[Footnote 351: Ramsay's Colonial History, Vol. I., Chap. vi., pp. 424,

425.]

[Footnote 352: _Ib._, p. 425.]

[Footnote 353: _Ib._, p. 425.]

CHAPTER XXI.

THE RE-ASSEMBLING OF PARLIAMENT--LETTERS FROM COLONIAL GOVERNORS,

REVENUE AND MILITARY OFFICERS, AGAINST THE COLONISTS OPPOSED TO THE

MINISTERIAL POLICY--THE MINISTRY, SUPPORTED BY PARLIAMENT, DETERMINE

UPON CONTINUING AND STRENGTHENING THE COERCIVE POLICY AGAINST THE

COLONIES.

On the re-assembling of Parliament in January, 1775, a number of papers

were produced from governors, and revenue and military officers in

America, which contained various statements adverse to the proceedings

and members of the Congress, and the opposition to the coercive Acts of

Parliament.

Ministers and their supporters were pleased with these papers, which

abetted their policy, lauded and caressed their authors, and decided to

concede nothing, and continue and strengthen the policy of coercion.

On the 20th of January, the first day of the re-assembling of the Lords,

Lord Dartmouth laid the papers received from America before the House.

The Earl of Chatham, after an absence of two years, appeared again in

the House with restored health, and with all his former energy and

eloquence. He moved:

"That a humble address be presented to his Majesty, most humbly to

advise and beseech him that, in order to open the way toward a happy

settlement of the dangerous troubles in America, by beginning to allay

ferments and soften animosities there, and above all for preventing, in

the meantime, any sudden catastrophe at Boston, now suffering under

daily irritation of an army before their eyes, posted in their town, it

may graciously please his Majesty that immediate orders may be

despatched to General Gage for removing his Majesty's forces from the

town of Boston as soon as the rigours of the season and other

circumstances indispensable to the safety and accommodation of said

troops may render the same practicable."

Lord Chatham advocated his motion in a very pathetic speech, and was

supported by speeches by the Marquis of Rockingham, Lords Shelburne and

Camden, and petitions from merchants and manufacturers throughout the

kingdom, and most prominently by those of London and Bristol. But the

motion was negatived by a majority of 63 to 13.

In the course of his speech Lord Chatham said:

"Resistance to your acts was as necessary as it was just; and your

imperious doctrine of the omnipotence of Parliament and the necessity of

submission will be found equally impotent to convince or to enslave.

"The means of enforcing the thraldom are as weak in practice as they are

unjust in principle. General Gage and the troops under his command are

penned up, pining in inglorious inactivity. You may call them an army of

safety and of guard, but they are in truth an army of impotence; and to

make the folly equal to the disgrace, they are an army of irritation.

"But this tameness, however contemptible, cannot be censured; for the

first drop of blood shed in civil and unnatural war will make a wound

that years, perhaps ages, may not heal.... The indiscriminate hand of

vengeance has lumped together innocent and guilty; with all the

formalities of hostility, has blocked up the town of Boston, and reduced

to beggary and famine thirty thousand inhabitants....

"When your lordships look at the papers transmitted to us from

America--when you consider their decency, firmness, and wisdom, you

cannot but respect their cause, and wish to make it your own. For

myself, I must avow that in all my reading--and I have read Thucydides,

and have studied the master-states of the world--for solidity of reason,

force of sagacity, and wisdom of conclusion under a complication of

difficult circumstances, no nation or body of men can stand in

preference to the General Congress of Philadelphia. The histories of

Greece and Rome give us nothing equal to it, and all attempts to impose

servitude upon such a mighty continental nation must be vain. We shall

be forced ultimately to retract; let us retract while we can, not when

we must. These violent Acts must be repealed; you will repeal them; I

pledge myself for it, I stake my reputation upon it, that you will in

the end repeal them. Avoid, then, this humiliating necessity. With a

dignity becoming your exalted station, make the first advance towards

concord, peace, and happiness; for that is your true dignity. Concession

comes with better grace from superior power, and establishes solid

confidence on the foundations of affection and gratitude. Be the first

to spare; throw down the weapons in your hand.

"Every motive of justice and policy, of dignity and of prudence, urges

you to allay the ferment in America by a removal of your troops from

Boston, by a repeal of your Acts of Parliament, and by demonstrating

amiable dispositions towards your colonies.... If the Ministers

persevere in thus misadvising and misleading the King, I will not say

that the King is betrayed, but I will pronounce that the kingdom is

undone; I will not say that they can alienate the affections of his

subjects from his Crown, but I will affirm that, the American jewel out

of it, they will make the Crown not worth his wearing."[354]

The Earl of Suffolk, with whining vehemence, assured the House that, in

spite of Lord Chatham's prophecy, the Government was resolved to repeal

not one of the Acts, but to use all possible means to bring the

Americans to obedience; and after declaiming violently against their

conduct, boasted as "having been one of the first to advise coercive

measures."

Ex-Lord Chancellor Camden excelled every other speaker, except Lord

Chatham, in the discussion; he declared in the course of his speech:

"This I will say, not only as a statesman, politician, and philosopher,

but as a common lawyer: My lords, you have no right to tax America; the

natural rights of man, and the immutable laws of nature, are all with

that people. King, Lords, and Commons are fine-sounding names, but King,

Lords, and Commons may become tyrants as well as others. It is as lawful

to resist the tyranny of many as of one. Somebody once asked the great

Selden in what book you might find the law for resisting tyranny. 'It

has always been the custom of England,' answered Selden, 'and the custom

of England is the law of the land.'"

After several other speeches and much recrimination, and a

characteristic reply from Lord Chatham, his motion was rejected by a

majority of sixty-eight to eighteen; but the Duke of Cumberland, the

King's own brother, was one of the minority. The King triumphed in what

he called "the very handsome majority," and said he was sure "nothing

could be more calculated to bring the Americans to submission." The

King's prediction of "submission" was followed by more united and

energetic resistance in the colonies.

But Lord Chatham, persevering in his efforts of conciliation,

notwithstanding the large majority against him, brought in, the 1st of

February, a Bill entitled "A Provisional Act for Settling the Troubles

in America, and for Asserting the Supreme Legislative Authority and

Superintending Power of Great Britain over the Colonies." The Bill,

however, was not allowed to be read the first time, or even to lie on

the table, but was rejected by a majority of sixty-four to thirty-two--a

contempt of the colonists and a discourtesy to the noble mover of the

Bill without example in the House of Lords.

In the meantime, petitions were presented to the Commons from various

towns in England, Scotland, and Ireland, by manufacturers and merchants

connected with the colonial trade. On the 23rd of January, Alderman

Hayley presented a petition from the merchants of the City of London

trading to America, stating at great length the nature and extent of the

trade, direct and indirect, between Great Britain and America, and the

immense injury to it by the recent Acts of Parliament, and praying for

relief; but this petition was conveyed to the "Committee of Oblivion,"

as were petitions from the merchants of Glasgow, Liverpool, Norwich and

other towns, on American affairs. These petitions, together with their

advocates in both Houses of Parliament, showed that the oppressive

policy and abuse of the Americans were the acts of the Ministry of the

day, and not properly of the English people.

On the 26th of January, Sir George Saville offered to present a petition

from Dr. Franklin, Mr. Bollan, and Mr. Lee, stating that they had been

authorized by the American Continental Congress to present a petition

from the Congress to the King, which his Majesty had referred to that

House, and that they were able to throw great light upon the subject;

they therefore prayed to be heard at the bar in support of the petition.

After a violent debate the petition was rejected by a majority of 218 to

68.[355]

Lord North on the 2nd of February, moved that the House resolve itself

into Committee on an address to his Majesty, thanking him for having

communicated to the House the several papers relating to the present

state of the British colonies, and from which "we find that a part of

his Majesty's subjects in the province of Massachusetts Bay have

proceeded so far as to resist the authority of the Supreme Legislature;

that a _rebellion_ at this time actually exists within the said

province; and we see, with the utmost concern, that they have been

countenanced and encouraged by unlawful combinations and engagements

entered into by his Majesty's subjects in several other colonies, to the

injury and oppression of many of their innocent fellow-subjects resident

within the kingdom of Great Britain and the rest of his Majesty's

dominions. This conduct on their part appears to us the more inexcusable

when we consider with how much temper his Majesty and the two Houses of

Parliament have acted in support of the laws and constitution of Great

Britain; to declare that we can never so far desert the trust reposed in

us as to relinquish any part of the sovereign authority over all his

Majesty's dominions which by law is invested in his Majesty and the two

Houses of Parliament, and that the conduct of many persons, in several

of the colonies, during the late disturbances, is alone sufficient to

convince us how necessary this power is for the protection of the lives

and fortunes of all his Majesty's subjects; that we ever have been and

always shall be ready to pay attention and regard to any real grievances

of any of his Majesty's subjects, which shall, in a dutiful and

constitutional manner, be laid before us; and whenever any of the

colonies shall make proper application to us, we shall be ready to

afford them every just and reasonable indulgence; but that, at the same

time, we consider it our indispensable duty humbly to beseech his

Majesty to take the most effectual measures to enforce due obedience to

the laws and authority of the Supreme Legislature; and that we beg

leave, in the most solemn manner, to assure his Majesty that it is our

fixed resolution, at the hazard of our lives and properties, to stand by

his Majesty against all rebellious attempts, in the maintenance of the

just rights of his Majesty and the two Houses of Parliament."[356]

I have given Lord North's proposed address to the King at length, in

order that the reader may understand fully the policy of the Government

at that eventful moment, and the statements on which that policy was

founded.

In relation to this address several things may be observed: 1. There is

not the slightest recognition in it that the American colonists have any

constitutional rights whatever; they are claimed as the absolute

property of King and Parliament, irrespective of local Charters or

Legislatures. 2. It is alleged that Parliament always had been and would

be "ready to pay attention to any _real_ grievances of any of his

Majesty's subjects which shall, _in a dutiful and constitutional

manner_, be laid before us," when "we shall be ready to afford them

every just and reasonable _indulgence_." Yet every one of the hundreds

of petitions which had been sent from the colonies to England for the

previous ten years, complaining of grievances, was rejected, under one

pretext or another, as not having been adopted or transmitted in "a

dutiful and constitutional manner." If a Legislative Assembly proceeded

to prepare a petition of grievances to the King, the King's Governor

immediately dissolved the Assembly; and when its members afterwards met

in their private capacity and embodied their complaints, their

proceedings were pronounced unlawful and seditious. When township,

county, and provincial conventions met and expressed their complaints

and grievances in resolutions and petitions, their proceedings were

denounced by the Royal representatives as unlawful and rebellious; and

when elected representatives from all the provinces (but Georgia)

assembled in Philadelphia to express the complaints and wishes of all

the provinces, their meeting was declared unlawful, and their petition

to the King a collection of fictitious statements and rebellious

sentiments, though more loyal sentiments to the King, and more full

recognition of his constitutional prerogatives were never expressed in

any document presented to his Majesty. When that petition of the

Continental congregation was presented to the Earl of Dartmouth, the

head of the Colonial Department, he said it was a decent and proper

document, and he would have pleasure in laying it before the King, who

referred it to the House of Commons; yet Lord North himself and a

majority of his colleagues, backed by a majority of the House of

Commons, rejected that petition, refused to consider its statements and

prayers, but instead thereof proposed an address which declared one of

the colonies in a state of rebellion, abetted by many in other colonies,

advised military force against the colonies, and assured the King that

they would stand by his Majesty "at the hazard of their lives and

properties, against all rebellious attempts" to maintain the assumed

rights of his Majesty and the two Houses of Parliament over the

colonies. Yet not one of them ever afterwards risked a hair of his head

in the war which they advised to maintain such rights. 3. It was also as

insulting and provoking to the colonists as it was unjust, impolitic,

and untrue, to assert that a rebellion "existed in one province of

America, and was encouraged by many persons in other colonies;" when not

an act of rebellion existed in any colony, but dissatisfaction, meetings

to express sentiments and adopt petitions founded upon their declining

and agreeing not to buy or drink tea, or buy or wear clothes of English

manufacture, until English justice should be done to them--all which

they had a right as British subjects to do, and for doing which those

were responsible who compelled them to such self-denying acts in the

maintenance of constitutional rights which are now recognised as such,

at this day, throughout all the colonies of the British empire.

It is not surprising that Lord North's motion and statements were

severely canvassed in the House of Commons. Mr. Dunning, in reply to

Lord North, "insisted that America was not in rebellion, and that every

appearance of riot, disorder, tumult, and sedition the noble lord had so

carefully recounted arose not from disobedience, treason, or rebellion,

but was created by the conduct of those whose views were to establish

despotism." The Attorney-General (Thurlow) argued strongly against Mr.

Dunning's position that the Americans were not in rebellion, and

affirmed the contrary. General Grant said "he had served in America,

knew the Americans well, and was certain they would not fight; they

would never dare to fight an English army; they did not possess any of

the qualifications necessary to make good soldiers; and that a very

slight force would be more than sufficient for their complete reduction.

He repeated many of their commonplace expressions, ridiculed their

enthusiasm in religion, and drew a disagreeable picture of their manners

and ways of living."

Mr. Fox entered fully into the question; pointed out the injustice, the

inexpediency, the folly of the motion; prophesied defeat on one side of

the water, and ruin and punishment on the other. He said, among other

things, "The reason why the colonies objected to taxes by Parliament for

revenue was, that such revenue, in the hands of Government, took out of

the hands of the people that were to be governed that control which

every Englishman thinks he ought to have over the Government to which

his rights and interests are entrusted." He moved an amendment to omit

all the motion but the three first lines, and to substitute: "But

deploring that the information which they (the papers) had afforded

served only to convince the House that the measures taken by his

Majesty's servants tended rather to widen than to heal the unhappy

differences which had so long subsisted between Great Britain and

America, and praying a speedy alteration of the same."

A long debate ensued; after which the House divided on Mr. Fox's

amendment, which was lost by a majority of 304 to 105. Lord North's

motion was then adopted by a majority of 296 to 106.

Thus was war _virtually_ proclaimed by the British Ministry of the day

and the Parliament (not by the people) of Great Britain against the

colonies.

On the 6th of February the report of Lord North's address was made to

the House, when Lord John Cavendish moved to recommit the proposed

address agreed to in the Committee. He strongly recommended the

reconsideration of a measure which he deemed fraught with much mischief.

He commented on the proposed address; thought it improper to assert that

rebellion exists; mentioned the insecurity created by the Act changing

the Government of Massachusetts Bay; said the inhabitants knew not for a

moment under what Government they lived.

A long discussion ensued. On the side of absolute prerogative, and of

subduing the colonies to it by military force, spoke Mr. Grenville,

Captain Harvey, Sir William Mayne, Mr. Stanley, Mr. Adam, Mr. Scott, the

Solicitor-General (Wedderburn, who grossly insulted Dr. Franklin before

the Privy Council), Mr. Mackworth, and Mr. Sawbridge. For the

recommitting the address, and in favour of a conciliatory policy towards

the colonies, spoke, besides Lord John Cavendish, the mover, Mr. Lumley,

the Lord Mayor of London, Rt. Hon. T. Townshend, Mr. Jolyffe, Lord

Truham, Governor Johnstone, Mr. Burke, and Colonel Barré.

A conference was held between the Lords and Commons, and the address was

made the joint address of both Houses of Parliament and presented to the

King the 9th of February; to which the King replied as follows:

"My Lords and Gentlemen,--I thank you for this very dutiful address, and

for the affectionate and solemn assurances you give me of your support

in maintaining the just rights of my crown and of the two Houses of

Parliament; and you may depend on my taking the most speedy and

effectual measures for enforcing due obedience to the laws and authority

of the Supreme Legislature. When any of my colonies shall make a proper

and dutiful application, I shall be ready to concur with you in

affording them every just and reasonable indulgence; and it is my ardent

wish that this disposition on our part may have a happy effect on the

temper and conduct of my subjects in America."

The "disposition" of "indulgence," shown by Parliament was simply the

enforcement of its declaratory Act of absolute power to bind the

colonies in all cases whatsoever, and "the proper and dutiful

application of any colony" was simply a renunciation of all they had

claimed as their constitutional rights--a penitent prayer of forgiveness

for having avowed and maintained those rights, and of submitting all

their rights and interests to the absolute and merciful consideration of

the King and his Parliament, and that in the presence of the

parliamentary enactments and royal institutions of the previous ten

years. During those years, the Parliament, with royal consent, had

passed acts to tax the colonies without representation, ignoring their

own representative Legislatures; had imposed duties on goods imported to

be enforced by Courts which deprived the colonists of the privilege of

trial by jury; had made by Act of Parliament, without trial, the city of

Boston not only responsible for tea destroyed by seventeen individuals,

but blocked up its port not only until the money was paid, but until the

city authorities should give guarantee satisfactory to the King that the

tea and other revenue Acts should be enforced--a proceeding

unprecedented and unparalleled in the annals of British history. Even in

more arbitrary times, when the cities of London, Glasgow, and Edinburgh

were made responsible for property lawlessly destroyed within their

limit, it was only until after trial in each case, in which those

cities had an opportunity of defence, and in neither case was the trade

of the city prohibited and destroyed. But the British Ministry and

Parliament proceeded still further by superseding the most essential

provisions of the Charter of the Province of Massachusetts, and changing

its whole constitution of government--a high-handed act of arbitrary

government which had not been attempted by either Charles the First or

Charles the Second in regard to the same colony; for when charges were

brought, in 1632, against the Massachusetts authorities, for having

violated the Charter, Charles the First appointed a commission, gave the

accused a trial, which resulted in their acquittal and promised support

by the King; and when they were accused again in 1634, the King did not

forthwith cancel their Charter, but issued a second commission, which,

however, never reported, in consequence of the commencement of the civil

war in England, which resulted in the death of the King. Then, in the

restoration, when charges were preferred, by parties without as well as

within the province, against the Government of Massachusetts, King

Charles the Second appointed a commission to examine into the

complaints, and at length tested their acts by trial in the highest

courts of law, and by whose decision their first Charter was cancelled

for repeated and even habitual violations of it. But without a trial, or

even commission of inquiry, the King and Parliament changed the

constitution of the province as well as extinguished the trade of its

metropolis.

FOOTNOTES:

[Footnote 354: When the words of Lord Chatham were reported to the King,

his Majesty was "stung to the heart," and was greatly enraged,

denouncing Lord Chatham as an "abandoned politician," "the trumpet of

sedition," and classified him with Temple and Grenville as "void of

gratitude." The King repelled and hated every statesman who advised him

to conciliate the colonists by recognising them as having the rights of

British subjects. He was the prompter of the most violent measures

against them, and seemed to think that their only rights and duties were

to obey whatever he might command and the Parliament declare.]

[Footnote 355: Dr. Franklin had been Postmaster-General for America.

When he assumed the office the expenditure exceeded the receipts by

£3,000 a year; under his administration the receipts gradually increased

so as to become a source of revenue. The day after his advocacy of the

American petitions before the Privy Council, he was dismissed from

office. Referring to the manner in which American petitions and their

agents were treated by the British Government, Dr. Franklin expressed

himself as follows, in a letter to the Hon. Thomas Cushing, Speaker of

the House of Representatives of Massachusetts:

"When I see that all petitions and complaints of grievances are so

odious to Government that even the mere pipe which conveys them becomes

obnoxious, I am at a loss to know how peace and union is to be

maintained or restored between the different parts of the empire.

Grievances cannot be redressed unless they are known; and they cannot be

known but through complaints and petitions. If these are deemed

affronts, and the messengers punished as offenders, who will henceforth

send petitions? and who will deliver them? It has been thought a

dangerous thing in any State to stop up the vent of griefs. Wise

governments have therefore generally received petitions with some

indulgence even when but slightly founded. Those who think themselves

injured by their rulers are sometimes, by a mild and prudent answer,

convinced of their error. But where complaining is a crime, hope becomes

despair." (Collections of Massachusetts Historical Society.)

(Yet the Government of Massachusetts, under the first Charter,

pronounced petitions a crime, and punished as criminals those who

petitioned against the governmental acts which denied them the right of

worship or elective franchise because they were non-Congregationalists.)]

[Footnote 356: Parliamentary Register for 1775, p. 134.]

CHAPTER XXII.

1775 CONTINUED--PARLIAMENT PROCEEDS TO PASS AN ACT TO PUNISH ALL THE NEW

ENGLAND COLONIES FOR SYMPATHISING WITH MASSACHUSETTS, BY RESTRICTING

THEIR TRADE TO ENGLAND AND DEPRIVING THEM OF THE NEWFOUNDLAND FISHERIES.

The British Ministry and both Houses of Parliament do not seem to have

been satisfied with having charged Massachusetts and its abettors with

rebellion, and determined to punish the recusant province and its

metropolis accordingly, but they proceeded, during the same session,

even to punish the other New England provinces for alleged sympathy with

the town of Boston and the province of Massachusetts. The very day after

the two Houses of Parliament had presented their joint address to the

King, declaring the existence of "rebellion" in the province of

Massachusetts, abetted by many persons in the other provinces, Lord

North introduced a Bill into the Commons to restrain the trade and

commerce of the provinces of New Hampshire, Massachusetts, Rhode Island,

and Connecticut, to Great Britain and Ireland and the British Islands in

the West Indies, and to prohibit those provinces from carrying on any

fishery on the banks of Newfoundland. Lord North assigned as the reason

for this Bill that the three other New England colonies "had aided and

abetted their offending neighbours, and were so near them that the

intentions of Parliament would be frustrated unless they were in like

manner comprehended in the proposed restraints." The Bill encountered

much opposition in both Houses, but was passed by large majorities.

Shortly after passing this Bill to restrain the trade of the New England

colonies and to prohibit them the fisheries of Newfoundland, as well as

from trading with foreign countries, intelligence reached England that

the middle and southern colonies were countenancing and encouraging the

opposition of their New England brethren, and a second Bill was brought

into Parliament and passed for imposing similar restraints on the

colonies of East and West Jersey, Pennsylvania, Maryland, Virginia,

South Carolina, and the counties on the Delaware. It is singular to note

in this Bill the omission of New York, Delaware, and North Carolina. It

was probably thought that the omission of these colonies would cause

dissension among the colonies; but the three exempted provinces declined

the distinction, and submitted to the restraints imposed upon the other

colonies.

Much was expected by Lord North and his colleagues from the General

Assembly of New York, which had not endorsed the proceedings of the

first Continental Congress, held in Philadelphia the previous September

and October; but at the very time that the British Parliament was

passing the Act which exempted New York from the disabilities and

punishments inflicted on its neighbouring colonies, north and south, the

Legislative Assembly of New York was preparing a petition and

remonstrance to the British Parliament on the grievances of all the

colonies, not omitting the province of Massachusetts. This petition and

remonstrance of the General Assembly of New York was substantially a

United Empire document, and expressed the sentiments of all classes in

the colonies, except the Royal governors and some office-holders, as

late as May, 1775. The following extracts from this elaborate and

ably-written address will indicate its general character. The whole

document is given in the Parliamentary Register, Vol. I., pp. 473-478,

and is entitled "The Representation and Remonstrance of the General

Assembly of the Colony of New York, to the Honourable the Knights,

Citizens, and Burgesses of Great Britain, in Parliament assembled." It

commences as follows:

"Impressed with the warmest sentiments of loyalty and affection to our

most gracious Sovereign, and zealously attached to his person, family,

and government, we, his Majesty's faithful subjects, the representatives

of the ancient and loyal colony of New York, behold with the deepest

concern the unhappy disputes subsisting between the mother country and

her colonies. Convinced that the grandeur and strength of the British

empire, the protection and opulence of his Majesty's American dominions,

and the happiness and welfare of both, depend essentially on a

restoration of harmony and affection between them, we feel the most

ardent desire to promote a cordial reconciliation with the parent state,

which can be rendered permanent and solid only by ascertaining the line

of parliamentary authority and American freedom on just, equitable, and

constitutional grounds. To effect these salutary purposes, and to

represent the grievances under which we labour, by the innovations which

have been made in the constitutional mode of government since the close

of the last war, we shall proceed with that firmness which becomes the

descendants of Englishmen and a people accustomed to the blessings of

liberty, and at the same time with the deference and respect which is

due to your august Assembly to show--

"That from the year 1683 till the above-mentioned period the colony has

enjoyed a Legislature consisting of three distinct branches--a Governor,

Council, and General Assembly; under which political frame the

representatives of the people have uniformly exercised the right of

their civil government and the administration of justice in the colony.

"It is therefore with inexpressible grief that we have of late years

seen measures adopted by the British Parliament subversive of that

Constitution under which the people of this colony have always enjoyed

the same rights and privileges so highly and deservedly prized by their

fellow-subjects in Great Britain--a Constitution in its infancy modelled

after that of the parent state, in its growth more nearly assimilated to

it, and tacitly implied and undeniably recognised in the requisitions

made by the Crown, with the consent and approbation of Parliament.

"An exemption from internal taxation, and the exclusive right of

providing for the support of our own civil government and the

administration of justice in this colony, we esteem our undoubted and

inalienable rights as Englishmen; but while we claim these essential

rights, it is with equal pleasure and truth we can declare, that we ever

have been and ever will be ready to bear our full proportion of aids to

the Crown for the public service, and to make provision for the

necessary purposes, in as ample and adequate a manner as the

circumstances of the colony will admit. Actuated by these sentiments,

while we address ourselves to a British House of Commons, which has ever

been so sensible of the rights of the people, and so tenacious of

preserving them from violation, can it be a matter of surprise that we

should feel the most distressing apprehensions from the Act of the

British Parliament declaring their right to bind the colonies in all

cases whatsoever?--a principle which has been actually exercised by the

statutes made for the sole and express purpose of raising a revenue in

America, especially for the support of Government, and other usual and

ordinary services of the colonies.

"The trial by a jury of the vicinage, in causes civil and criminal

arising within the colony, we consider as essential to the security of

our lives and liberties, and one of the main pillars of the

Constitution, and therefore view with horror the construction of the

statute of the 35th of Henry the Eighth, as held up by the joint address

of both Houses of Parliament in 1769, advising his Majesty to send for

persons guilty of treasons and misprisions of treasons in the colony of

Massachusetts Bay, in order to be tried in England; and we are equally

alarmed at the late Act empowering his Majesty to send persons guilty of

offences in one colony to be tried in another, or within the realm of

England....

"We must also complain of the Act of the 7th of George the Third,

chapter 59th, requiring the Legislature of this colony to make provision

for the expense of supplying troops quartered amongst us, with the

necessaries prescribed by that law; and holding up by another Act a

suspension of our legislative powers till we should have complied, as it

would have included all the effects of a tax, and implied a distrust of

our readiness to contribute to the public service.

"Nor in claiming these essential rights do we entertain the most distant

desire of independence of the parent kingdom. We acknowledge the

Parliament of Great Britain necessarily entitled to a supreme direction

and government over the whole empire, for a wise, powerful, and lasting

preservation of the great bond of union and safety among all the

branches; their authority to regulate the trade of the colonies, so as

to make it subservient to the interest of the mother country, and to

prevent its being injurious to the other parts of his Majesty's

dominions....

"Interested as we must consider ourselves in whatever may affect our

sister colonies, we cannot help feeling for the distresses of our

brethren in the Massachusetts Bay, from the operation of the several

Acts of Parliament passed relative to that province, and of earnestly

remonstrating in their behalf. At the same time, we also must express

our disapprobation of the violent measures that have been pursued in

some of the colonies, which can only tend to increase our misfortunes

and to prevent our obtaining redress.

"We claim but a restoration of those rights which we enjoyed by general

consent before the close of the last war; we desire no more than a

continuation of that ancient government to which we are entitled by the

principles of the British Constitution, and by which alone can be

secured to us the rights of Englishmen. Attached by every tie of

interest and regard to the British nation, and accustomed to behold with

reverence and respect its excellent form of government, we harbour not

an idea of diminishing the power and grandeur of the mother country, or

lessening the lustre and dignity of Parliament. Our object is the

happiness which we are convinced can only arise from the union of both

countries. To render this union permanent and solid, we esteem it the

undoubted right of the colonies to participate in that Constitution

whose direct aim is the liberty of the subject; fully trusting that your

honourable House will listen with attention to our complaints, and

redress our grievances by adopting such measures as shall be found most

conducive to the general welfare of the whole empire, and most likely to

restore union and harmony amongst all its different branches.

"By order of the General Assembly,

"JOHN CRUGER, _Speaker_.

"Assembly Chamber, City of New York, the 25th day of

March, 1775."

This representation and remonstrance having been presented to the House

of Commons, Mr. Burke moved, the 15th of May, that it be brought up. He

said "he had in his hand a paper of importance from the General Assembly

of the Province of New York--a province which yielded to no part of his

Majesty's dominions in its zeal for the prosperity and unity of the

empire, and which had ever contributed as much as any, in its

proportion, to the defence and wealth of the whole." "They never had

before them so fair an opportunity of putting an end to the unhappy

disputes with the colonies as at present, and he conjured them in the

most earnest manner not to let it escape, as possibly the like might

never return. He thought this application from America so very desirable

to the House, that he could have made no sort of doubt of their entering

heartily into his ideas, if Lord North, some days before, in opening the

budget, had not gone out of his way to make a panegyric on the last

Parliament, and in particular to commend as acts of lenity and mercy

those very laws which the Remonstrance considers as intolerable

grievances."

"Lord North spoke greatly in favour of New York, and said he would

gladly do everything in his power to show his regard to the good

behaviour of that colony; but the honour of Parliament required that no

paper should be presented to that House which tended to call in question

the unlimited rights of Parliament."

"Mr. Fox said the right of Parliament to tax America was not simply

denied in the Remonstrance, but was coupled with the exercise of it. The

exercise was the thing complained of, not the right itself. When the

Declaratory Act was passed, asserting the right in the fullest extent,

there were no tumults in America, no opposition to Government in any

part of that country; but when the right came to be exercised in the

manner we have seen, the whole country was alarmed, and there was an

unanimous determination to oppose it. The right simply is not regarded;

it is the exercise of it that is the object of opposition. It is this

exercise that has irritated and made almost desperate several of the

colonies. But the noble lord (Lord North) chooses to be consistent, and

is determined to make them all alike. The only province that was

moderate, and in which England had some friends, he now treats with

contempt. What will be the consequence when the people of this moderate

province are informed of this treatment? That representation which the

cool and candid of this moderate province had framed with deliberation

and caution is rejected--is not suffered to be presented--is not even to

be read by the clerk. When they hear this they will be inflamed, and

hereafter be as distinguished by their violence as they have hitherto

been by their moderation. It is the only method they can take to regain

the esteem and confidence of their brethren in the other colonies who

have been offended at their moderation. Those who refused to send

deputies to the Congress (at Philadelphia), and trusted to Parliament,

will appear ridiculous in the eyes of all America. It will be proved

that those who distrusted and defied Parliament had made a right

judgment, and those who relied upon its moderation and clemency had been

mistaken and duped; and the consequence of this must be, that every

friend the Ministers have in America must either abandon them, or lose

all credit and means of serving them in future."

"Governor _Johnstone_ observed that when Mr. Wilkes had formerly

presented a petition full of matter which the House did not think to

enter into, they did not prevent the petition being brought up, but

separated the matter which they thought improper from that which they

thought ought to be heard. The House might make use of the same

selection here. Ministers have long declared they wished for a dutiful

application from one of the colonies, and now it is come they treat it

with scorn and indignity. Mr. Cornwall had said it came only from

twenty-six individuals. These twenty-six are the whole Assembly. When

the question to adopt the measures recommended by the Congress was

negatived by a majority of one only in this Assembly of twenty-six

individuals, the Ministers were in high spirits, and these individuals

were then represented as all America."

Lord North's amendment to reject the petition was adopted by a majority

of 186 to 67.[357]

"After having been foiled in the House of Commons," says the royal

historian, "it now remained to be decided whether that colony's

representations would meet with a more gracious reception in the House

of Lords. But here the difficulty was still greater than in the other

House. The dignity of the peerage was said to be insulted by the

appellation under which it had been presumed to usher those

representations into that Assembly. They were styled a Memorial; such a

title was only allowable in transactions between princes and states

independent of each other, but was insufferable on the part of subjects.

The answer was that the lowest officer in the service had a right to

present a memorial, even to his Majesty, should he think himself

aggrieved; with much more reason might a respectable body present one to

the House of Lords. But, exclusive of the general reason that entitled

so important a colony to lay such a paper before them, the particular

reason of its fidelity, in spite of so many examples of defection, was

alone a motive which ought to supersede all forms, and engage their most

serious attention to what it had to propose.

"After sundry arguments of the same nature, the question was determined

against hearing the Memorial by forty-five peers to twenty-five.

"When the rejection of these applications was announced to the public, a

great part of the nation expressed the highest discontent. They now

looked forward with dejection and sorrow at the prospect of mutual

destruction that lay before them, and utterly gave up all other

expectations."[358]

It might be supposed that such a rejection of the petition of the most

loyal colony in America would end the presentation of petitions on the

part of the colonies to the King and Parliament, and decide them at once

either to submit to the extinction of their constitutional rights as

British subjects, or defend them by force. But though they had, both

separately and unitedly, declared from the beginning that they would

defend their rights at all hazards, they persisted in exhausting every

possible means to persuade the King and Parliament to desist from such a

system of oppression, and to restore to them those rights which they

enjoyed for more than a century--down to the close of the French war in

1763.

FOOTNOTES:

[Footnote 357: Parliamentary Register, Vol. I., pp. 467-473.]

[Footnote 358: Dr. Andrews' History of the War with America, Spain, and

Holland, Vol. I., pp. 275, 276.

"The Ministerial objections were that it was incompatible with the

dignity of the House to suffer any paper to be presented that questioned

its supreme authority. Particular notice was taken at the same time that

the title of Petition did not accompany this paper; it was called a

Representation and Remonstrance, which was not the usual nor the proper

manner of application to Parliament. This singularity alone was

sufficient to put a negative on its presentation.

"To this it was replied, that the times were so dangerous and critical

that words and forms were no longer deserving of attention. The question

was whether they thought the colony of New York was worthy of a hearing?

No colony had behaved with so much temperateness and discretion.

Notwithstanding the tempestuousness of the times, and the general wreck

of British authority, it had yet preserved a steady obedience to

Government. While every other colony was bidding defiance to Britain,

this alone submissively applied to her for redress of grievances. Was it

consistent with policy, after losing the good-will of all the other

colonies, to drive this, through a needless and punctilious severity,

into their confederacy against this country? Could we expect, after such

a treatment, that this colony could withstand the arguments that would

be drawn from our superciliousness to induce it to relinquish a conduct

which was so ill requited?"--_Ib._, p. 274.]

CHAPTER XXIII.

1775 CONTINUED--THE SECOND CONTINENTAL CONGRESS IN AMERICA.

Six months after the General Assembly of New York adopted its Memorial,

and four months after its rejection by both Houses of Parliament, the

second Continental Congress met, in the month of September, at

Philadelphia.

This Assembly consisted of fifty-five members, chosen by twelve

colonies. The little colony of Georgia did not elect delegates, but

promised to concur with the sister colonies in the effort to maintain

their rights to the British Constitution. Many of the members of this

Assembly were men of fortune and learning, and represented not only the

general sentiments of the colonies, but their wealth and

respectability.[359] "The object, as stated in the credentials of the

delegates, and especially in those of the two most powerful colonies of

Massachusetts and Virginia, was to obtain the redress of grievances, and

to restore harmony between Great Britain and America, which, it was

said, was desired by all good men. It was the conviction that this might

be done through a Bill of Rights, in which the limits of the powers of

the colonies and the mother country might be defined."[360]

Some three weeks after the assembling of Congress, before the end of

September, a petition to the King was reported, considered, and adopted.

This petition was addressed to the King, in behalf of the colonists,

beseeching the interposition of the Royal authority and influence to

procure them relief from their afflicting fears and jealousies, excited

by the measures pursued by his Ministers, and submitting to his

Majesty's consideration whether it may not be expedient for him to be

pleased to direct some mode by which the united applications of his

faithful colonists to the Throne may be improved into a happy and

permanent reconciliation; and that in the meantime measures be taken for

preventing the further destruction of the lives of his Majesty's

subjects,[361] and that such statutes as more immediately distress any

of his Majesty's colonies be repealed. "Attached to your Majesty's

person, family, and government," concludes this address of the Congress,

"with all the devotion that principle and affection can inspire,

connected with Great Britain by the strongest ties that can unite

societies, and deploring every event that tends in any degree to weaken

them, we solemnly assure your Majesty that we not only most ardently

desire that the former harmony between her and these colonies may be

restored, but that a concord may be established between them upon so

firm a basis as to perpetuate its blessings, uninterrupted by any future

dissensions, to succeeding generations in both countries." This petition

was read in Parliament the 7th of December, 1775, at the request of Mr.

Hartley, with several other petitions for pacification; but they were

all rejected by the House of Commons.[362] The answer of the King to

the respectful and loyal constitutional petition of Congress was to

proclaim the petitioners "rebels," and all that supported them "abettors

of treason."[363]

The first day of November brought to the Continental Congress this

proclamation, together with the intelligence that the British army and

navy were to be largely increased, and that German mercenary soldiers

from Hanover and Hesse had been hired, as it was found impossible to

obtain soldiers in England to fight against their fellow-subjects in

America.[365] On the same day the intelligence was received from General

Washington, in Massachusetts, of the burning of Falmouth (now

Portland).[366] The simultaneous intelligence of the treatment of the

second petition of Congress, the Royal proclamation, the increase of the

army and navy, the employment of seventeen thousand Hanoverians and

Hessian mercenaries to subdue America, and the burning of Falmouth,

produced a great sensation in Congress and throughout the colonies.

Some of the New England members of the Congress, especially John and

Samuel Adams, had long given up the idea of reconciliation with England,

and had desired independence. This feeling was, however, cherished by

very few members of the Congress; but the startling intelligence caused

many members to abandon all hope of reconciliation with the mother

country, and to regard independence as the only means of preserving

their liberties. Yet a large majority of the Congress still refused to

entertain the proposition of independence, and awaited instructions from

their constituents as to what they should do in these novel and painful

circumstances. In the meantime the Congress adopted energetic measures

for the defence of the colonies, and the effectiveness of their union

and government. In answer to applications from South Carolina and New

Hampshire for advice on account of the practical suspension of their

local Government, Congress "recommended" each province "to call a full

and free representation of the people, and that the representatives, if

they think it necessary, establish such a form of government as in their

judgment will best promote the happiness of the people, and most

effectually secure peace and good-will in the province _during the

continuance of the present dispute between Great Britain and the

colonies_". The province of Massachusetts had refused to acknowledge any

other local Government than that which had been established by the Royal

Charter of William and Mary, and which had never been cancelled by any

legal proceedings; and they continued to elect their representatives,

and the representatives met and appointed the Council, and acted under

it, as far as possible, irrespective of General Gage and the officers of

his appointment.

The colonies were a unit as to their determination to defend by force

and at all hazards their constitutional rights and liberties as British

subjects; but they were yet far from being a unit as to renunciation of

all connection with England and the declaration of independence. The

Legislature of Pennsylvania was in session when the news of the

rejection of the second petition of Congress and the King's proclamation

arrived, and when fresh instructions were asked from constituents of the

members of Congress; and even under these circumstances, Mr. Dickenson,

"The Immortal Farmer," whose masterly letters had done so much to

enlighten the public mind of both England and America on the rights of

the colonies and the unconstitutional acts of the British Administration

and Parliament, repelled the idea of separation from England. The

Legislature of Pennsylvania continued to require all its members to

subscribe the old legal qualification which included the promise of

allegiance to George the Third; "so that Franklin," says Bancroft,

"though elected for Philadelphia, through the Irish and Presbyterians,

would never take his seat. Dickenson had been returned for the county by

an almost unanimous vote." The Legislature, on the 4th of November,

elected nine delegates to the Continental Congress. Of these, one was

too ill to serve; of the rest, "Franklin stood alone as the unhesitating

champion of independence; _the majority remained to the last its

opponents_. On the 9th, Dickenson reported and carried the following

instructions to the Pennsylvania delegates: 'We direct that you exert

your utmost endeavours to agree upon and recommend such measures as you

shall judge to afford the best prospect of obtaining redress of American

grievances, and restoring that union and harmony between Great Britain

and the colonies so essential to the welfare and happiness of both

countries. Though the oppressive measures of the British Parliament and

Administration have compelled us to resist their violence by force of

arms, yet we strictly enjoin you, that you, in behalf of this colony,

dissent from and utterly reject any propositions, should such be made,

that may cause or lead to a separation from our mother country, or a

change of the form of this government.' The influence of the measure was

wide. Delaware was naturally swayed by the example of its more powerful

neighbour; the party of the proprietary of Maryland took courage; in a

few weeks the Assembly of New Jersey, in like manner, held back the

delegates of that province by an equally stringent declaration."[367]

After stating that the Legislature of Pennsylvania, before its

adjournment, adopted rules for the volunteer battalions, and

appropriated eighty thousand pounds in provincial paper money to defray

the expenses of military preparation, Mr. Bancroft adds, that "extreme

discontent led the more determined to expose through the press the

trimming of the Assembly; and Franklin encouraged Thomas Paine, an

emigrant from England of the previous year, who was master of a

singularly lucid and attractive style, to write an appeal to the people

of America in favour of independence."[368] "Yet the men of that day had

been born and educated as subjects of a king; to them the House of

Hanover was a symbol of religious toleration, the British Constitution

another word for the security of liberty and property under a

representative government. They were not yet enemies of monarchy; they

had as yet turned away from considering whether well-organized civil

institutions could not be framed for wide territories without a king;

and in the very moment of resistance they longed to escape the necessity

of a revolution. Zubly, a delegate from Georgia, a Swiss by birth,

declared in his place 'a republic to be little better than a government

of devils;' shuddered at the idea of separation from Britain as fraught

with greater evils than had yet been suffered."[369]

The exact time when the minds of the leading men in the Colonies, and

the colonists, began to undergo a transition from the defence of their

constitutional liberties as British subjects to their security by

declaring independence of Great Britain, seems to have been the receipt

of the intelligence of the scornful rejection of the second petition of

Congress, and of the King's proclamation, putting the advocates of

colonial rights out of the protection of the law, by declaring them

rebels, and requiring all public officers, civil and military, to

apprehend them with a view to their punishment as such. Some individuals

of eminence in the colonies had previously despaired of reconciliation

with England, and had regarded Independency as the only hope of

preserving their liberties, but these were the exceptions: the leaders

and colonists generally still hoped for reconciliation with England by

having their liberties restored, as they were recognized and enjoyed at

the close of the French war in 1763. They had regarded the King as their

Father and Friend, and laid all the blame upon his Ministers and

Parliament, against whose acts they appealed to the King for the

protection of their rights and liberties. But it gradually transpired,

from year to year, that the King himself was the real prompter of these

oppressive acts and measures, and though long discredited,[370] yet when

the King ostentatiously announced himself as the champion of the

Parliament and its acts, his determination to enforce by the whole power

of the realm, the absolute submission of the colonies; and when all this

intelligence, so often repeated and doubted, was confirmed by the issue

of the Royal proclamation, which it was known and admitted that the King

himself had urged and hastened, the most sanguine advocates and friends

of reconciliation were astounded and began to despair; and the idea of

independence was now boldly advocated by the press.

In 1773, Dr. Franklin said to the Earl of Chatham, "I never heard from

any person the least expression of a wish for separation." In October,

1774, Washington wrote, "I am well satisfied that no such thing as

independence is desired by any thinking man in America; on the contrary,

that it is the ardent wish of the warmest advocates for liberty that

peace and tranquillity, on constitutional grounds, may be restored, and

the horrors of civil discord prevented." Jefferson stated, "Before the

19th of April, 1775 (the day of General Gage's attack on Concord, and

the Lexington affair), I never heard a whisper of a disposition to

separate from Great Britain." And thirty-seven days before that wanton

aggression of General Gage,[371] John Adams, in Boston, published:

"That there are any who pant after independence is the greatest slander

on the Province." Sparks, in a note entitled "American Independence," in

the second volume of the Writings of Washington, remarks: "It is not

easy to determine at what precise date the idea of independence was

first entertained by the principal persons in America." Samuel Adams,

after the events of the 19th of April, 1775, was prepared to advocate

it. Members of the Provincial Congress of New Hampshire were of the same

opinion. President Dwight, of Yale College (Travels in New England and

New York, Vol. I., p. 159), says: "In the month of July, 1775, I urged

in conversation with several gentlemen of great respectability, firm

Whigs, and my intimate friends, the importance and even necessity of a

declaration of independence on the part of the colonies, but found them

disposed to give me and my arguments a hostile and contemptuous, instead

of a cordial reception. These gentlemen may be considered as the

representatives of the great body of thinking men of this country." In

the note of Sparks are embodied the recollections of Madison, Jay, and

others, and the contemporary statements of Franklin and Penn. They are

in harmony with the statements and quotations in the text, and sustain

the judgment of Dr. Ramsay (History of South Carolina, Vol. I., p. 164),

who says: "Till the rejection of the second petition of Congress, the

reconciliation with the mother country was the unanimous wish of the

Americans generally."[372]

When Washington heard of the affair of Concord and Lexington, April 19,

1775, he wrote, in his own quiet residence at Mount Vernon, "Unhappy is

it to reflect that a brother's sword should be sheathed in a brother's

breast, and that the once happy and peaceful plains of America are to be

either drenched with blood or inhabited by slaves. Sad alternative! But,

can a virtuous man hesitate in his choice?" Mr. Bancroft says: "The

reply to Bunker Hill from England reached Washington before the end of

September (1775); and the manifest determination of the Ministers to

push the war by sea and land, with the utmost vigour, removed from his

mind every doubt of the necessity of independence. Such also was the

conclusion of Greene; and the army was impatient when any of the

chaplains prayed for the King."[373]

It was thus that King George the Third, by his own acts, lost the

confidence and affection of his loyal subjects in America, and hastened

a catastrophe of which he had been repeatedly and faithfully warned, and

which none deprecated more generally and earnestly than the leaders and

inhabitants of the American colonies; but who determined, and openly

declared their determination in every petition to the King and

Parliament for ten years, that, if necessary, at all hazards, they would

maintain and defend their constitutional rights as Englishmen.

Now, at the close of the year 1775, and before entering upon the

eventful year of 1776, when the American colonies adopted the

Declaration of Independence, let us recapitulate the events which thus

brought the mother country and her colonial offspring face to face in

armed hostility.

1. No loyalty and affection could be more cordial than that of the

American colonies to England at the conquest of Canada from the French,

and the peace of Paris between Great Britain and France in 1763. Even

the ancient and traditional disaffection of Massachusetts to England had

dissolved into feelings of gratitude and respect and avowed loyalty.

Indeed, loyalty and attachment to England, and pride in the British

Constitution, was the universal feeling of the American colonies at the

close of the war which secured North America to England, and for the

triumphant termination of which the American colonies had raised and

equipped no less than twenty-five thousand men, without whose services

the war could not have been accomplished.

2. The first five years of the war with France in America had been

disastrous to Great Britain and the colonies, under a corrupt English

Administration and incompetent generals; but after the accession of the

Earl of Chatham to the Premiership the tide of war in America turned in

favour of Great Britain by the appointment of able generals--Amherst and

Wolfe--and Admiral Boscawen and others, and by adopting constitutional

methods to develop the resources of the colonies for the war; and in two

years the French power was crushed and ceased to exist in America. When

the Crown, through its Prime Minister, made requisition to the Colonial

Legislatures for money and men, as was the usage in England, the

Colonial Legislatures responded by granting large sums of money, and

sending into the field more than twenty thousand soldiers, who, by their

skill, courage, and knowledge of the country, and its modes of travel

and warfare, constituted the pioneers, skirmishers, and often the

strongest arm of the British army, and largely contributed in every

instance to its most splendid victories. Their loyalty, bravery, and

patriotism extracted grateful acknowledgments in both Houses of

Parliament, and even from the Throne; while the colonies as cordially

acknowledged the essential and successful assistance of the mother

country. At no period of colonial history was there so deep-felt,

enthusiastic loyalty to the British Constitution and British connection

as at the close of the war between France and England in 1763. But in

the meantime George the Third, after his accession to the throne in

1760, determined not only to _reign over_ but to _rule_ his kingdom,

both at home and abroad. He ignored party government or control in

Parliament; he resolved to be his own Prime Minister--in other words, to

be despotic; he dismissed the able and patriotic statesmen who had wiped

off the disgrace inflicted on British arms and prestige during the five

years of the French and Indian war in the American colonies, and had

given America to England, and called men one after another to succeed

them, who, though in some instances they were men of ability, and in one

or two instances were men of amiable and Christian character, were upon

the whole the most unscrupulous and corrupt statesmen that ever stood at

the head of public affairs in England, and the two Parliaments elected

under their auspices were the most venal ever known in British history.

The King regarded as a personal enemy any member of Parliament who

opposed his policy, and hated any Minister of State (and dismissed him

as soon as possible) who offered advice to, instead of receiving it

from, his Royal master and implicitly obeying it; and the Ministers whom

he selected were too subservient to the despotism and caprices of the

Royal will, at the frequent sacrifice of their own convictions and the

best interests of the empire.

For more than a hundred years the colonies had provided for and

controlled their own civil, judicial, and military administration of

government; and when the King required special appropriations of money

and raising of men during the Seven Years' War, requisitions were made

by his Ministers in his name, through the Governors, to the several

Provincial Legislatures, which responded with a liberality and

patriotism that excited surprise in England at the extent of their

resources in both money and men. But this very development of colonial

power excited jealousy and apprehensions in England, instead of sympathy

and respect; and within a twelvemonth after the treaty of Paris, in

1763, the King and his Ministers determined to discourage and crush all

military spirit and organization in the colonies, to denude the Colonial

Legislatures of all the attributes of British constitutional free

government, by the British Government not only appointing the Governors

of the colonies, but by appointing the members of one branch of the

Legislature, by appointing Judges as well as other public officers to

hold office during the pleasure of the Crown, and fixing and paying

their salaries out of moneys paid by colonists, but levied not by the

Colonial Legislatures, but by Acts of the British Parliament, contrary

to the usage of more than a century; and under the pretext of

_defending_ the colonies, but really for the purpose of ruling them;

proposing an army of 20 regiments of 500 men each, to be raised and

officered in England, from the penniless and often worse than penniless

of the scions and relatives of Ministers and members of Parliament, and

billeted upon the colonies at the estimated expense of £100,000 sterling

a year, to be paid by the colonies out of the proceeds of the Stamp and

other Acts of Parliament passed for the purpose of raising a revenue in

the colonies for the support of its civil and military government.

No government is more odious and oppressive than that which has the

mockery of the form of free government without its powers or attributes.

An individual despot may be reached, terrified, or persuaded, but a

despotic oligarchy has no restraint of individual responsibility, and is

as intangible in its individuality as it is grasping and heartless in

its acts and policy. For governors, all executive officers, judges, and

legislative councillors appointed from England, together with military

officers, 20 regiments all raised in England, the military commanders

taking precedence of the local civil authorities, all irresponsible to

the colonists, yet paid by them out of taxes imposed upon them without

their consent, is the worst and most mercenary despotism that can be

conceived. The colonists could indeed continue to elect representatives

to one branch of their Legislatures; but the Houses of Assembly thus

elected were powerless to protect the liberties or properties of their

constituents, subject to abuse and dissolution in case of their

remonstrating against unconstitutional acts of tyranny or advocating

rights.

Such was the system passionately insisted upon by King George the Third

to establish his absolute authority over his colonial subjects in

America, and such were the methods devised by his venal Ministers and

Parliament to provide places and emoluments for their sons, relatives,

and dependents, at the expense of the colonists, to say nothing of the

consequences to the virtue of colonial families from mercenary public

officers and an immoral soldiery.

The American colonies merited other treatment than that which they

received at the hands of the King and Parliament from 1763 to 1776; and

they would have been unworthy of the name of Englishmen, and of the

respect of mankind, had they yielded an iota of the constitutional

rights of British subjects, for which they so lawfully and manfully

contended. What the old colonies contended for during that eventful

period was substantially the same as that which has been demanded and

obtained during the present century by the colonies of the Canadian

Dominion, under the names of "local self-government" or "responsible

government," and which is now so fully enjoyed by them. Had Queen

Victoria reigned in England instead of George the Third, there would

have been no Declaration of Independence, no civil war in America, but

the thirteen American provinces would have remained as affectionately

united to the mother country, and as free as are the provinces of the

Canadian Dominion at this day.

George the Third seems to me to have been, before and during the

American Revolution, the worst Sovereign for the colonies that ever

occupied the throne of England; but after and since that revolution he

was the best of Sovereigns for the remaining British colonies of North

America. He learned lessons during that revolution which essentially

changed his character as the ruler of colonies, though I am not aware

that he ever formally confessed the change through which he had passed.

It is therefore quite reconcilable that he should be regarded by the old

American colonies, now the United States, as a tyrant, while his name is

revered and loved by the colonists of the Canadian Dominion as the

Father of his people.

FOOTNOTES:

[Footnote 359: "Each of the three divisions by which the colonies were

usually designated--the New England, the Middle, and the Southern

Colonies--had on the floor of Congress men of a positive character. _New

England_ presented in John Sullivan, vigour; in Roger Sherman, sterling

sense and integrity; in Thomas Cushing, commercial knowledge; in John

Adams (afterwards President of the United States), large capacity for

public affairs; in Samuel Adams (no relation to John Adams), a great

character with influence and power to organize. The _Middle_ Colonies

presented in Philip Livingston, the merchant prince of enterprise and

liberality; in John Jay, rare public virtue, juridical learning, and

classic taste; in William Livingston, progressive ideas tempered by

conservatism; in John Dickenson, "The Immortal Farmer," erudition and

literary ability; in Cæsar Rodney and Thomas McKean, working power; in

James Duane, timid Whigism, halting, but keeping true to the cause; in

Joseph Galloway, downright Toryism, seeking control, and at length going

to the enemy. The _Southern_ Colonies presented in Thomas Johnson, the

grasp of a statesman; in Samuel Chase, activity and boldness; in the

Rutledges, wealth and accomplishment; in Christopher Gadsden, the

genuine American; and in the Virginia delegation--an illustrious

group--in Richard Bland, wisdom; in Edmund Pendleton, practical talent;

in Peyton Randolph, experience in legislation; in Richard Henry Lee,

statesmanship in union with high culture; in Patrick Henry, genius and

eloquence; in Washington, justice and patriotism. 'If,' said Patrick

Henry, 'you speak of solid information and sound judgment, Washington

unquestionably is the greatest man of them all.' Those others who might

be named were chosen on account of their fitness for the duties which

the cause required. Many had independent fortunes. They constituted a

noble representation of the ability, culture, political intelligence,

and wisdom of twelve of the colonies." (Frothingham's Rise of the

Republic of the Twelve States, pp. 360, 361.)]

[Footnote 360: _Ib._, pp. 363, 364.

After preliminary proceedings, Congress decided to appoint a Committee

to state the rights of the colonies, the instances in which those rights

had been violated, and the most proper means to obtain their

restoration; and another Committee to examine and report upon the

statutes affecting the trade and manufactures of the colonies. On the

same day, Samuel Adams, in answer to the objection to opening the

session with prayer, grounded on the diversity of religious sentiment

among the members, said he could hear prayer from any man of piety and

virtue, who was a friend of the country, and moved that Mr. Duché, an

Episcopalian, might be desired to read prayers for the Congress the

following morning. The motion prevailed. "The Congress sat with closed

doors. Nothing transpired of their proceedings except their organization

and the rule of voting (each province having an equal vote). The members

bound themselves to keep their doings secret until a majority should

direct their publication."--_Ib._, pp. 364, 365.]

[Footnote 361: The battles of Lexington and Bunker's Hill had occurred

some months before the adoption of this petition.]

[Footnote 362: Holmes' Annals, Vol. II., p. 232.

Richard Penn, late Governor of Pennsylvania, was chosen by Congress to

go to Great Britain, with directions to deliver their petition to the

King himself, and to endeavour, by his personal influence, to procure

its favourable reception; but Mr. Penn, though from the city whose

Congress had twice assembled, a man distinguished in the colony for

moderation and loyalty, and the appointed agent of the Congress, was not

asked a question, even when he presented the American petition to the

Secretary of State for the Colonial Department, and the King refused to

see him.--_Ib._, pp. 231, 232.

"Two days after the delivery of a copy of the petition of Congress, the

King sent out a proclamation for _suppressing rebellion and sedition_.

It set forth that many of his subjects in the colonies had proceeded to

open and avowed rebellion by arraying themselves to withstand the

execution of the law, and traitorously levying war against him. 'There

is reason,' so ran its words, 'to apprehend that such rebellion hath

been much promoted and encouraged by the traitorous correspondence,

counsels, and comfort of divers wicked and desperate persons within our

realm.' Not only all the officers, civil and military, but all the

subjects of the realm were therefore called upon to disclose all

traitorous conspiracies, and to transmit to one of the Secretaries of

State 'full information of all persons who should be found carrying on

correspondence with, or in any manner or degree aiding or abetting the

persons now in open arms and rebellion against the Government within any

of the colonies in North America, in order to bring to condign

punishment the authors, perpetrators, and abettors of such traitorous

designs.'

"The proclamation, aimed at Chatham, Camden, Barré, and their friends,

and the boldest of the Rockingham party, even more than against the

Americans, was read, but not with the customary ceremonies, at the Royal

Exchange, where it was received with a general hiss."

"The irrevocable publication having been made, Penn and Arthur Lee were

'permitted' on the 1st of September to present the original of the

American petition to Lord Dartmouth, who promised to deliver it to the

King; but on their pressing for an answer, 'they were informed that as

it was not received on the throne, no answer would be given.' Lee

expressed sorrow at the refusal, which would occasion so much bloodshed;

and the deluded Secretary answered: 'If I thought it would be the cause

of shedding one drop of blood, I should never have concurred in it."

(Bancroft's History of the United States, Vol. VIII., Chap, xlix., pp.

132, 133.)

Yet "on the 23rd of August Lord Dartmouth wrote to General Howe, who

(Aug. 2, 1775) superseded General Gage as the Commander of the British

army, that there was 'no room left for any other consideration but that

of proceeding against the twelve associated colonies in all respects

with the utmost rigour, as the open and avowed enemies of the State.'"

(Frothingham's Rise of the American Republic, p. 446.)]

[Footnote 363: "In the meantime (beginning of October) Richard Penn

hastened to England with the second petition. The King was now

continually occupied with American affairs. He directed that General

Gage should be ordered 'instantly to come' over, on account of the

battle of Bunker Hill; thought Admiral Graves ought to be recalled from

Boston 'for doing nothing,' and completed the arrangements for the

employment of Hanoverians in America. Impatient at the delay of the

Cabinet in acting upon the proclamation agreed upon, he put this in

train by ordering one to be framed and submitted, August 18th, to Lord

North, and fixed the day for its promulgation. He was confirmed in his

extreme views by General Haldimand, fresh from America, who reported

that 'nothing but force could bring the colonies to reason,' and that it

would be dangerous to give ear to any proposition they might submit. The

King was convinced that it would be better 'totally to abandon the

colonies' than 'to admit a single shadow' of their doctrines [364]. Five

days after penning these words, he issued (August 23rd) a proclamation

for suppressing rebellion and sedition." (The purpose of this fatal

proclamation is given in the sub-note.)

This proclamation, unlike Lord North's plan, ignored the colonies as

political unities. It is levelled against individuals in rebellion, and

all within the realm who should aid them. (Frothingham's Rise of the

American Republic, pp. 444-446. Donne's Correspondence of Geo. III.)]

[Footnote 364: A private letter by Captain Collins, lately arrived from

London, says that "on the 19th of August General Haldimand was closeted

with his Majesty two hours, giving him a state of the American colonies;

and that in the course of the conversation his Majesty expressed his

resolution in these memorable words: 'I am unalterably determined, at

every hazard, and at the risk of every consequence, to compel the

colonies to absolute submission.'"]

[Footnote 365: "In the autumn of this year (1775), General Gage repaired

to England, and the command of the British army devolved on Sir William

Howe. The offer of this command had been first made to General

Oglethorpe, his senior officer, who agreed to accept the appointment on

the condition that the Ministry would authorize him to assure the

colonies that justice should be done to them. This veteran and patriotic

General declared at the same time that he knew the people of America

well; that they never would be subdued by arms, but that their obedience

would be ever secured by doing them justice." (Holmes' Annals, Vol. II.,

p. 235.)

"The Earl of Effingham, who in his youth had been prompted by military

genius to enter the army, and had lately served as a volunteer in the

war between Russia and Turkey, finding that his regiment was intended

for America, renounced the profession which he loved, as the only means

of escaping the obligation of fighting against the cause of freedom.

This resignation gave offence to the Court, and was a severe rebuke to

the officers who did not share his scruple; but at London the Common

Hall, in June, thanked him publicly as 'a true Englishman;' and the

guild of merchants in Dublin addressed him in the strongest terms of

approbation." (Bancroft's History of the United States, Vol. VII., Chap,

xxxiii. pp. 343, 344.)]

[Footnote 366: "In compliance with a resolve of the Provincial Congress

to prevent Tories from conveying out their effects, the inhabitants of

Falmouth, in the north-eastern part of Massachusetts, had obstructed the

loading of a mast ship. The destruction of the town was determined on as

a vindictive punishment. Captain Mowat, detached for that purpose with

armed vessels by Admiral Graves, arrived off the place on the evening of

the 17th of October. He gave notice to the inhabitants that he would

give them two hours 'to remove the human species,' at the end of which

time a red pendant would be hoisted at the maintop-gallant mast-head;

and that on the least resistance, he should be freed from all humanity

dictated by his orders or his inclination. Upon being inquired of by

three gentlemen who went on board his ship for that purpose respecting

the reason of this extraordinary summons, he replied that he had orders

to set on fire all the seaport towns from Boston to Halifax, and that he

supposed New York was already in ashes. He could dispense with his

orders, he said, on no terms but the compliance of the inhabitants to

deliver up their arms and ammunition, and their sending on board a

supply of provisions, four carriage guns, and the same number of the

principal persons in the town as hostages; that they should engage not

to unite with their country in any opposition to Britain; and he assured

them that on a refusal of these conditions he would lay their town in

ashes within three hours. Unprepared for the attack, the inhabitants by

entreaty obtained the suspension of an answer until morning, and

employed this interval in removing their families and effects.

Considering opposition as unavailing, they made no resistance. The next

day, Captain Mowat commenced a furious cannonade and bombardment; and a

great number of people standing on the heights were spectators of the

conflagration, which reduced many of them to penury and despair; 139

dwelling-houses and 278 stores were burnt. Other seaports were

threatened with conflagration, but escaped; Newport, on Rhode Island,

was compelled to stipulate for a weekly supply, to avert it." (Holmes'

Annals, Vol. II., pp. 219, 220.)

Mr. Bancroft's account of this transaction is as follows: "In the

previous May, Mowat, a naval officer, had been held prisoner for a few

hours at Falmouth, now Portland; and we have seen Linzee, in a sloop of

war, driven with loss from Gloucester. It was one of the last acts of

Gage to plan with the Admiral how to wreak vengeance on the inhabitants

of both those ports. The design against Gloucester was never carried

out; but Mowat, in a ship of sixteen guns, attended by three other

vessels, went up the harbour of Portland, and after a short parley, at

half-past nine on the morning of the 16th of October, he began to fire

upon the town. In five minutes several houses were in a blaze; parties

of marines had landed, to spread the conflagration by hand. All

sea-going vessels were burned except two, which were carried away. The

cannonade was kept up till after dark. St. Paul's Church, the public

buildings, and about one hundred and thirty dwelling-houses,

three-fourths of the whole, were burned down; those that remained

standing were shattered by balls and shells. By the English account the

destruction was still greater. At the opening of a severe winter, the

inhabitants were turned adrift in poverty and misery. The wrath of

Washington was justly kindled as he heard of these 'savage cruelties,'

this new 'exertion of despotic barbarity.'" (History of the United

States, Vol. VIII., Chap. xlvii., p. 113.)]

[Footnote 367: Bancroft's History United States, Vol. VIII., Chap.

xlix., pp. 138, 139.]

[Footnote 368: In this appeal of Paine's, _monarchy_ was for the first

time attacked in America, except by the rulers of the Massachusetts

colony, under the first Charter. Some of Paine's words were, that "In

the early ages of the world, mankind were equals in the order of

creation; the heathen introduced the government of kings, which the will

of the Almighty, as declared by Gideon and the prophet Samuel, expressly

disapproved. To the evil of monarchy we have added that of hereditary

succession; and as the first is a lessening of ourselves, so the second

might put posterity under the government of a rogue or a fool. Nature

disapproves it, otherwise she would not so frequently turn it into

ridicule. England since the Conquest hath known some few good monarchs,

but groaned beneath a much larger number of bad ones." "In short,

monarchy and succession have laid not England only, but the world, in

blood and ashes." (Bancroft's History of the United States, Vol. VIII.,

Chap. xlix., pp. 236, 237.)]

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