CHAPTER XXIII

THE CONTROVERSY OF THE ENGLISH COLONIES WITH THE HOME GOVERNMENT (1763-1775)

THE BACKGROUND OF THE CONTEST

Nature of the causes.--While British statesmen were working out a system

of government for the newly acquired domains, in the empire forces of

disintegration were at work which brought on the American Revolution.

The causes of that convulsion cannot be traced to a group of events or

laws. Through a long period social, political, and economic forces were

at work which gradually brought thirteen of the mainland colonies into

open rebellion. Because this opposition is more evident after the French

and Indian War, and because the economic is the most obvious phase of

the struggle, historians have sometimes concluded that the laws passed

by parliament between 1763 and 1776 were the cause of the Revolution.

The policy pursued by the British government no doubt hastened it, but

alone does not account for it.

A mixed population.--For more than a century the colonies had been

receiving new elements which were producing a society in many respects

different from that of England. America had been the recipient of many

of the radicals, the down-trodden, and the discontented from the mother

country. The acquisition of New Netherlands had brought under British

control a considerable number of Dutch, Swedes, and Finns. The Huguenot

migration which followed the revocation of the Edict of Nantes had added

another element. The German and Scotch-Irish influxes had brought in

thousands. Welsh, Scotch, Irish, and Jews were also to be found in the

colonies. America, then as now, was a melting pot of the nations.

Lack of American nationality.--Influenced largely by climatic and

physiographic conditions, distinct industrial systems had developed. In

the northern colonies the small farm prevailed, in the South the

plantation system. The North produced the seamen, fishermen, and

merchants, while few of the southerners were seafarers. The frontier

with its foreign elements, its scattered settlements, and freedom from

restraint had produced a society which differed from the tide-water

region. The fur-trader, the cattleman, the lumberman, and the small

farmer were distinctly different in speech, dress, habits, and point of

view from the Boston merchant, the Philadelphia Quaker, or the Virginia

planter. Separatist tendencies were stronger than those of coalescence.

A Virginian was a Virginian and not an American. There was little in

common between the New Englander and the southern planter, or between

the people of the Hudson Valley and the Quakers.

Class distinctions.--In individual colonies society was continually

growing in complexity. Though the great mass of the population continued

to be rural, town life was becoming an important factor. Members of an

aristocracy, of which the governor was usually the central social

figure, were inclined to rear their heads above their fellows. The

merchants and lawyers, ever increasing in numbers, found themselves

outside the social pale of the official aristocracy, a source of silent

mortification which was a real force in producing radicals.

Evolution of English society.--English as well as American society had

also undergone a rapid evolution. Puritan England had passed away; the

Stuarts, the Hanoverians, and foreign conquests had transformed the

viewpoint of the Englishman. Little was there in common between John

Milton and Horace Walpole, or between a Cromwell and a Newcastle. The

sudden greatness that had come through the Seven Years' War well-nigh

turned the heads of Englishmen. To acquire wealth, to wield power, and

to live gaily seemed to be the ideals of the upper class Englishman of

the reign of George III. The colonial who still considered the mother

country as the traditional England of Magna Carta, the Puritan

Revolution, and the Bill of Rights, had as little understanding of a

Townshend as had a Townshend a comprehension of the colonial.

The assemblies control the purse.--The governmental institutions of the

colonies had gradually evolved toward a common type, whose constituent

parts were the governor, council, and assembly, the governor and

council, except in Connecticut and Rhode Island, representing imperial

or proprietary authority, and the assembly the will of the colonial

inhabitants. The power of the assemblies to control the purse had been

steadily growing, until the colonies considered the principle

established both by precedent and by inherent rights guaranteed by the

English constitution. By controlling the budgets and the salaries of the

governors, the assemblies held the whip hand over the executives.

English and colonial ideas of representation.--The meaning of the term

representation differed in England and the colonies. To the Englishman

parliament represented the British Empire and legislated for the whole

of it, allowing the colonies to handle local matters within their

chartered rights. Parliament was regarded as representing the three

estates or classes of society, rather than individuals. The idea that

every Englishman was represented by a man in whose selection he had had

a voice had not become a part of the English political system. Members

of parliament were frequently chosen in rotten boroughs. A few thousand

men at most chose the entire parliamentary body. The king's ministers,

selected from the party which could command a majority in the House of

Commons, directed public policy and enforced their will upon a

subservient commons. In America the suffrage was usually restricted by a

property or church qualification, but every member of an assembly

actually represented a colonial community and a known constituency. When

the colonial orator declared for no taxation without representation, he

was talking in the terms of a system that had grown up in America, but

which England did not begin to adopt until the Reform Bill of 1832.

The causes of the development of nationalism.--French political

philosophers and observant travelers had predicted that the removal of

French power from America would cause the colonies to seek independence.

Franklin ridiculed the idea, for he believed that colonial jealousies

were too strong to allow united action, a view which was also held by

Pitt. After the French and Indian War the English government, by

enforcing and extending the colonial system, quickened public opinion,

overthrew separatist tendencies, and brought many of the colonists to

think and act together in opposition to English policy. When this was

attained, a national consciousness had come into existence which

gradually developed into open rebellion.

Illicit traffic during the French and Indian War.--Since the reign of

Anne England had not enforced the trade laws strictly. The Molasses Act

of 1733 had been practically a dead letter from the date of its passage

and the other navigation acts had been frequently violated. Smuggling

was winked at by governors and customs officials, who in many cases

profited from the traffic. During the French and Indian War the colonies

traded extensively with the French West Indies. This was especially

galling to England, whose chief weapon against France was control of the

seas. Though the colonies in 1756 were forbidden to trade with the

French, the colonial skippers evaded the command by shipping goods to

the Dutch ports of Curacoa and St. Eustatius, or to the French West

Indies. In 1757 parliament forbade the exportation of food stuffs from

the colonies to foreign ports, but the colonials continued to make

shipments to the French or Dutch colonies and to bring back cargoes of

molasses, sugar, and rum. To stop Dutch trade with the French colonies,

Dutch merchant vessels were seized. As the English navy gradually

isolated or captured the French West Indies, the colonials found a new

method of circumventing the regulations by shipping to Monte Cristi, a

Spanish port in Espanola near the French boundary. A commerce of less

importance but of similar nature was also maintained with Florida and

Louisiana. In 1760, when the English navy had gained the upper hand, the

illicit commerce diminished but did not entirely cease. When Spain

entered the war a considerable increase occurred. The naval and military

authorities did all in their power to end the traffic with the enemy,

for they considered that its continuance meant a prolongation of the

war.

Writs of assistance.--To prevent smuggling English officials resorted to

the issuance of writs of assistance. These were general search warrants

which enabled the holder to search any house, ship, or other property

where smuggled goods might be stored. The writs naturally aroused great

opposition among the merchants, who claimed that they were illegal. In

1761 when the Boston customs officers applied for the writs, the

merchants objected to them. When the merchants' cause was presented

before the Massachusetts Supreme Court, James Otis argued that the

writs, being general, were illegal and struck at the liberty of the

individual. "No acts of parliament can establish such a writ.... An act

against the constitution is void." The courts upheld the legality of the

writs but Otis's speech did much to arouse and formulate public opinion.

The Parson's Cause.--In Virginia Patrick Henry performed a similar

function in formulating public opinion. The speech which made him the

leader of the Virginia radicals was delivered in connection with a suit

brought by one of the Virginia clergy. Tobacco was the medium of

exchange in the Old Dominion and ministers were paid annually 17,000

pounds of tobacco. In 1755 and 1758, the burgesses passed acts which

allowed debts to be redeemed at two pence for each pound of tobacco.

This worked a hardship upon the ministers, who naturally desired the

benefit of the high price of tobacco to compensate them for the hard

years when prices were low. The acts were disallowed by the crown in

1759, and the ministers attempted to recover their losses. In a suit

brought in 1763 by Reverend James Maury, Patrick Henry appeared for the

vestry. Realizing the weakness of his legal position, Henry resolved to

carry the jury by an emotional attack upon the king's prerogative. He

argued that the act of 1758 was a law of general utility consistent with

the original compact between ruler and ruled, upon which government was

based, and that the king, by disallowing this salutary act, became a

tyrant and forfeited his right to the obedience of his subjects.

REFORMS OF THE GRENVILLE MINISTRY

Economy and reform.--At the end of the French and Indian War, England

was burdened with a staggering debt. To build up the resources of the

empire, increase the revenues, and protect the dominions were the

objects of the ministers of George III. In this program the colonies

were expected to play their part. The Bute Ministry planned to enforce

the navigation acts, to tax the colonies directly, and to use the

colonial revenue to support an army in America. The powers of the

admiralty courts were immediately enlarged and commanders of war

vessels were authorized to act as customs officials. Soon after

Grenville came into office (April, 1763), he ordered customs collectors

who were lingering in England to proceed at once to their colonial

stations and he instructed the governors to enforce the trade laws

rigidly.

Trade encouragement during 1764-1765.--To encourage commerce several

important provisions were made during 1764 and 1765. To stimulate the

fur business the old duties were abolished and an import duty of only

one pence a skin and an export duty of seven pence were levied. To

stimulate hemp and flax production bounties were paid on those products

shipped from the colonies to England. The bounty on indigo was somewhat

reduced but was still sufficient to protect the planters. The duties on

whale fins were repealed to the great benefit of Massachusetts. The rice

business was stimulated by allowing Georgia and the Carolinas to ship

without restrictions to the southward.

The Sugar Act.--Grenville's beneficial measures were more than offset by

the Sugar, Colonial Currency, Stamp, and Quartering Acts. The Sugar Act

"was a comprehensive measure, whose openly expressed aim was, in the

first place to raise a colonial revenue, and in the second to reform the

old colonial system both in its administrative and in its economic

features." The act confirmed and modified the Molasses Act of 1733. The

duty on sugar shipped to the British colonies was raised but that on

molasses was lowered. To injure the French island trade, the importation

of foreign rum or spirits and commerce with Miquelon and St. Pierre were

forbidden. Oriental and French textiles, Portuguese and Spanish wines,

and coffee, if brought directly to the British colonies, were taxed

heavily, but if shipped from England the duty was low. To protect South

Carolina a duty was imposed upon foreign indigo shipped to the colonies.

With a few exceptions no drawbacks were henceforth to be allowed, and

revenues derived from the Sugar Act were to be paid into the royal

exchequer. They were to be kept separate from other moneys and were to

be used only for the protection of the British colonies in America.

Stringent regulations were provided for the enforcement of the Sugar

Act and other navigation laws. At the option of the informer or

prosecutor, penalties for breach of the trade laws might be recovered in

any court of record in the district where the offence was committed or

in any admiralty court in America. The accused was required to give

security for costs if he lost his suit, but if he won his case, he was

not entitled to costs if the judge certified that the grounds of action

seemed probable. Furthermore in the Molasses Act which was now

confirmed, the burden of proof was placed upon the owner or claimant.

Every shipmaster was required to give a bond to land only enumerated

goods at European ports north of Cape Finisterre and to possess a

certificate from the customs collector at the point of loading. West

Indian goods not properly certified were to be treated as foreign goods.

Vessels cleared from British ports must contain only goods loaded in

Great Britain. This, however, did not apply to salt and Irish linen.

Breaches of these regulations subjected the law breaker to severe

penalties.

Regulation of Colonial Currency.--Another important measure was the

Colonial Currency Act. Lack of specie had compelled the issuance of

colonial paper money, and though Massachusetts had retired such issues

in 1749, most of the colonies were still suffering from depreciated and

unstable currency. To protect the English merchant, parliament passed

the Colonial Currency Act which prevented colonists from paying their

debts to the home country in depreciated currency and stopped the issues

of unsound money. The act caused a shortage of the medium of exchange at

the time that the colonists were deprived of the West Indian commerce

which had supplied them with specie to settle balances in London. The

act produced embittered feeling which paved the way for greater

opposition.

Colonial protests.--When it became known in the colonies that the

Ministry intended to enforce a more rigid policy which included the

levying of internal taxes by parliamentary enactment, vigorous protests

were made. Memorials, resolutions, and addresses poured in upon the

king, lords, commons, and Board of Trade, and numerous pamphlets

appeared which presented the economic and constitutional viewpoint of

the colonists.

The Massachusetts protest.--The Boston town meeting urged the assembly

to use its influence to protect the rights of the colonies and in its

instructions to the Boston representatives the principles were stated

that there should be no taxation without representation and that

colonials were entitled to full rights of Englishmen. It was also

suggested that other injured colonies should be asked to cooeperate in

seeking redress. A committee of the assembly presented a memorial

drafted by Otis which contained the additional principle that parliament

had no right to alter the constitution. The memorial was sent to the

Massachusetts agent in England with instructions to urge the repeal of

the Sugar Act and to protest against the proposed Stamp Act. A committee

of correspondence headed by Otis was authorized to inform the other

colonies of the action of Massachusetts and to seek their cooeperation.

As the action had been taken by the assembly without the consent of the

council, the governor was soon petitioned to call the general court. He

complied and a petition was drawn which temperately protested.

The Rhode Island protest.--Before the Sugar Act was passed a

remonstrance was prepared in Rhode Island, which was to be presented to

the Board of Trade if three other colonial agents would cooeperate.

Committees of correspondence were also formed in various towns. After

the passage of the act the committee of correspondence of which Governor

Hopkins was a member sent out a circular letter protesting against the

Sugar Act and the proposed Stamp Act, In November, 1764, the assembly

sent a petition to the king in which the principle was stated that an

essential privilege of Englishmen was that they should be governed by

laws made by their own consent.

Connecticut protest.--In Connecticut Governor Fitch, at the suggestion

of the assembly, prepared an address to parliament which protested

against the proposed Stamp Act or any other bill for internal taxes.

This and the governor's book of _Reasons Why the British Colonies in

America should not be Charged with Internal Taxes by Authority of

Parliament_ were sent.

New York protest--In March, 1764, the New York merchants presented to

the council a memorial against the renewal of the Molasses Act. In

October the assembly appointed a committee of correspondence and sent

statements of grievances to the king and the lords, and a petition to

the commons. In the petition the significant statement was made that

the loss of colonial rights was likely to shake the power of Great

Britain.

Pennsylvania's protest.--The Pennsylvania assembly considered that

parliament had no right to tax the colony. Jackson, the colonial agent,

was instructed to remonstrate against the proposed Stamp Act and to

endeavor to secure the repeal or modification of the Sugar Act. Franklin

was sent over to assist Jackson.

Maryland and Virginia.--In Maryland the governor prevented the meeting

of the assembly, but the Virginia council and burgesses prepared an

address to the king, a memorial to the lords, and a remonstrance to the

commons. The Virginians claimed the rights and privileges that their

ancestors had had in England and laid down the fundamental principle of

no taxation without representation.

The Carolinas.--North Carolina protested strongly and in South Carolina

the assembly appointed a committee which instructed the colonial agent

to complain of the laws of trade. The instructions also declared that a

Stamp Act would violate the inherent right of every British subject to

be taxed only by his own consent or by his representatives. The governor

prorogued the assembly before a vote could be taken upon the committee's

action, but the instructions, nevertheless, were sent.

The Stamp Act.--In spite of colonial protests Grenville pursued his

policy, the appeals of the colonies being rejected under the rule that

petitions against money bills should not be received, and in March,

1765, parliament passed the Stamp Act. By its provisions stamps were to

be placed on commercial and legal documents, pamphlets, newspapers,

almanacs, playing cards, and dice. The enforcement of the act was placed

under the management of English commissioners who were empowered to

appoint persons to attend in every court or public office in the

colonies to see that the law was enforced. For infringements of the law

there were heavy penalties which might be collected through the

admiralty courts if the informer or prosecutor so elected. Certain cases

of forging and counterfeiting were punishable by death. The revenue

derived from the Stamp Act was to be paid into the exchequer to be used

for colonial defence.

Quartering Act.--The ministry intended to establish an army of 10,000

men in the colonies and the annual Mutiny Act of 1765 authorized the

sending of such troops as might be deemed necessary. This was followed

by the Quartering Act As "_the publick houses and barracks, in his

Majesty's dominions in America, may not be sufficient to supply quarters

for such forces: and whereas it is expedient and necessary that

carriages and other conveniences, upon the march of troops ... should be

supplied for that purpose_," it was enacted that, if colonial barracks

were insufficient, officers and troops were to be quartered in public

hostelries. If more room were needed, vacant buildings were to be

rented. Troops were to be supplied with fire, candles, vinegar, salt,

bedding, cooking utensils, and small quantities of beer, cider, or rum.

Persons giving houses for troops and furnishing supplies were to be

reimbursed by the province. The colonies were to furnish conveyances at

rates fixed by the act, but if the expense exceeded the rate, the

province had to make up the deficit.

Colonial opposition.--To the colonies the Stamp Act, the Quartering Act,

and the extension of admiralty jurisdiction were unconstitutional.

Trials in the admiralty courts had always been looked upon with

disfavor, as they violated the right of trial by jury. The new

regulation allowing alleged violators of the trade laws to be taken to

Halifax for trial was looked upon as a dangerous innovation. The

Quartering Act was viewed as a violation of the constitutional principle

that troops were not to be quartered upon the people. The provisions of

the law were especially aggravating to New York which, because of the

strategic position of the colony, would have to bear an undue part in

the support and transportation of troops. But the Stamp Act aroused the

greatest furor. All of the elements of discontent united against an act

which encroached upon the right of the assemblies to control taxation.

Indirect taxation was not looked upon as taxation. To the colonial

economists the navigation acts were merely trade regulations and the

right of parliament to regulate commerce was fully recognized. But a

direct tax imposed by parliament to support an obnoxious soldiery set in

motion the forces of discontent and produced a unity of opposition which

surprised the ministers of George III.

The Virginia Resolutions.--Virginia took the lead in opposition. On May

29, 1765, the burgesses resolved themselves into a committee of the

whole to consider the steps necessary to be taken in consequence of the

Stamp Act. Patrick Henry, the "rustic and clownish youth of the terrible

tongue," introduced a series of resolutions which boldly challenged the

British government. The preamble stated that, as the House of Commons

had raised the question of how far the general assembly had power to

enact laws for laying taxes and imposing duties payable by the people of

Virginia, the House of Burgesses, to settle and ascertain the same to

all future time, resolved: (1) that the first adventurers and settlers

of Virginia brought with them and transmitted to their posterity and to

other English subjects who had come to five in the colony all the rights

of the people of Great Britain; (2) that these were granted to them by

two charters of James I; (3) that taxation of the people by themselves

or by their representatives was a distinguishing characteristic of

British freedom without which the ancient constitution could not exist;

(4) that the people of Virginia had uninterruptedly enjoyed the right of

being governed by their own assembly in matters of taxes and internal

police, a right which had never been forfeited and had been constantly

recognized by the kings and people of Great Britain. (5) Therefore it

was resolved that the general assembly had the sole right and power to

lay taxes and impositions upon the inhabitants of Virginia, and that

every attempt to vest such power in any other person or persons had a

tendency to destroy British as well as American freedom; (6) that the

inhabitants of Virginia were not bound by any law or ordinance designed

to impose any tax upon them other than those imposed by the general

assembly; (7) and that any person who maintained that Virginians were

bound to obey such laws not imposed by the assembly should be deemed an

enemy of the colony.

The resolutions precipitated an acrimonious debate in which the

democratic members of the western counties supported Henry against the

aristocratic leaders. The committee of the whole appears to have adopted

the resolutions, but on the following day the burgesses rejected the

preamble and the last two resolutions, the other five being passed by a

slender majority. Henry then left the assembly and the following

morning the conservatives expunged from the record the fifth resolution.

The manuscript of the entire series, except the third resolution which

was omitted by error, was already on its way to the other colonies and

was widely published. "Beyond question the Virginia resolves mark an

important crisis in the impending revolution."

Resistance and violence.--In June the Massachusetts general court, at

the suggestion of Otis, sent a circular letter to the other colonial

assemblies asking them to send delegates to meet at New York in the

following October to consider the danger from the Stamp Act. Before the

delegates met fierce opposition appeared in nearly every colony.

Remonstrances came from towns, counties, and assemblies. Newspapers and

pamphlets inveighed against the act, and non-importation agreements were

made in many localities. Associations called "Sons of Liberty" sprang

up. At first they worked secretly, but they soon announced their

committees of correspondence which worked to unify the opposition.

In Boston occurred riots of greater violence than in any other place. On

August 14 the stamp distributor's effigy was hung on the "Liberty Tree,"

and after other demonstrations, that night a mob demolished a building

which it was believed the collector was erecting for an office. On

August 26 the houses of two of the customs officials were sacked and the

house of Chief Justice Hutchinson was pillaged and destroyed. At Newport

the stamp distributor and a sympathizer found it necessary to seek

safety on a British man-of-war. Scenes of violence occurred in the other

colonies and the stamp distributors resigned with more haste than

dignity.

REPEAL OF THE STAMP ACT

The Stamp Act Congress.--The Stamp Act Congress met at New York on

October 7, 1765. Nine colonies were represented, Virginia, North

Carolina, Georgia, and New Hampshire failing to send delegates.

Prominent among those in attendance were John Dickinson of Pennsylvania,

John Rutledge and Christopher Gadsden of South Carolina, and James Otis

of Massachusetts. On October 19 a declaration of rights and grievances,

originally drafted by Dickinson, was adopted. In the declaration the

argument was presented that the colonies were entitled to the inherent

rights and liberties of native-born Englishmen, one of which was that no

taxes were to be imposed upon them except by their own consent or by

their representatives. The colonists were not and from their local

circumstances could not be represented in the House of Commons, their

only representatives being those in the colonies who alone had the

constitutional right to impose taxes upon them. All supplies to the

crown being free gifts of the people, it was unreasonable and

inconsistent with the principles and spirit of the British constitution

for the people of Great Britain to grant to the king the property of the

colonists. Trial by jury was an inherent right of every British subject

in the colonies, but the Stamp Act and other laws, by extending the

jurisdiction of the admiralty courts, had a tendency to subvert the

rights and liberties of the colonists. The duties imposed by recent acts

of parliament would be burdensome and grievous, and from the scarcity of

specie the payment of them would be impracticable. The recent

restrictions would make it impossible to purchase the manufactures of

Great Britain. The right to petition the king or either house of

parliament was also asserted. By an address to the king and by

applications to both houses of parliament, they endeavored to procure

the repeal of the Stamp Act, of clauses in recent acts which increased

admiralty jurisdiction, and of recent acts placing restrictions on

American commerce.

Repeal of the Stamp Act.--In July, 1765, Grenville fell from power, but

not because of opposition to the Stamp Act. The Marquis of Rockingham, a

man of moderate ability, was selected to form the new cabinet. The

question of the repeal of the Stamp Act came up in parliament early in

1766. During the debate in the commons on February 13, Franklin, then

agent for Pennsylvania and Massachusetts, was questioned regarding the

colonial attitude, and he made it clear that the Stamp Act could not be

enforced. The American cause was strengthened by the powerful support of

Pitt and by the protests of English merchants and manufacturers who were

losing trade through colonial boycotts. After a momentous debate, the

act was repealed.

The Declaratory Act.--Although parliament had given ground it did not

surrender, for in the Declaratory Act of March 18, 1766, it asserted its

right to tax the colonies. The act declared that the colonies were

subordinate unto and dependent upon the crown and parliament, and that

the king by and with the consent of parliament had full power and

authority to make laws to bind the colonies in all cases. All

resolutions, votes, orders, and proceedings in the colonies denying the

power and authority of parliament to make laws imposing taxes and

regulations were declared null and void.

Other legislation.--The Quartering Act was then renewed, but with

certain changes to make it more effective. The imposts on textiles which

had previously been collected in America were henceforth to be collected

at the point of exportation. The duty on molasses was changed from three

pence a gallon on the foreign product to one penny a gallon on all

molasses brought to the continental colonies.

Colonial rejoicing.--The Declaratory and other acts attracted little

attention in America, where there was great rejoicing over the repeal of

the Stamp Act. The constitutional principles for which the colonists had

contended had in no wise been conceded, but to the colonist his point

seemed won. He was soon to be rudely awakened.

THE TOWNSHEND ACTS

Townshend.--In July, 1766, Rockingham fell from power and the

Pitt-Grafton Ministry was formed. Unfortunately for the colonies, Pitt

was in ill-health and took little part in shaping policies. The strong

man of the cabinet was Charles Townshend. He was fully in sympathy with

Grenville's ideas, and was responsible for a new series of irritating

acts.

Suspension of the New York assembly.--Trouble had arisen in New York

over the enforcement of the Quartering Act. In June, 1766, in reply to

Governor Moore's request that provision be made for the expected troops,

the assembly excused itself from compliance but intimated that about

L4000 then in the treasury might be used. Later the assembly passed an

act making provision for one year for a thousand men and one company of

artillery. When a request was made for full compliance with the

Quartering Act, the assembly refused. On December 19 it was prorogued,

and on June 15, 1767, was suspended by act of parliament.

Colonial customs commissioners.--Another act provided for a board of

commissioners of customs to be established in America. The preamble

stated that, as the colonial customs officials had found it inconvenient

to apply to the commissioners in England for directions when

difficulties arose, and as colonial shippers were greatly delayed in

carrying on business, commissioners were to be stationed in America.

Five commissioners were appointed with headquarters at Boston.

Revenue acts.--A new revenue act was passed "for making a more certain

and adequate provision for defraying the charge of the administration of

justice and the support of civil government, in such provinces where it

shall be found necessary, and toward further defraying the expenses of

defending, protecting, and securing" the dominions in America. Duties

were imposed upon glass, red and white lead, painter's colors, tea, and

paper. Drawbacks were allowed on coffee and cocoanuts, but chinaware was

no longer subject to drawback. Writs of assistance were declared legal.

By another act a drawback for five years was granted on tea reexported

from England to Ireland or the colonies.

Dickinson's "Farmer's Letters."--The Townshend Acts were received with

alarm throughout the colonies. "Awed by the suddenness and magnitude of

the peril, the colonial leaders acted with circumspection and rare

self-control." The most powerful statement of the colonial viewpoint

came from John Dickinson whose "Farmer's Letters" were read throughout

the colonies, were published in London, translated into French, "and

were read by everybody in the two capitals of civilization who read

anything more serious than a playbill." Dickinson recognized the

vagueness of the constitutional relations of the colonies to the mother

country. He urged that a spirit of compromise should prevail and that no

abstract theory of sovereignty should be pushed to its logical

conclusions. He admitted that parliament possessed legal authority to

regulate the trade of the empire, but the recent attempts to raise a

revenue he considered a most dangerous innovation. "Great Britain claims

and exercises the right to prohibit manufactures in America. Once admit

that she may lay duties upon her exportations to us, for the purpose of

levying money on us only, she then will have nothing to do but to lay

those duties on the articles which she prohibits us to manufacture, and

the tragedy of American liberty is finished."

"I would persuade the people of these Colonies ... to exert themselves

in the most firm, but the most peaceable manner, for obtaining relief.

If an inveterate resolution is formed to annihilate the liberties of the

governed, English history affords examples of resistance by force."

"Let us consider ourselves as ... freemen, ... _firmly bound together_

by the _same rights_, _interests_, and _dangers_ ... What have these

colonies to _ask_, while they continue free; Or what have they to

_dread_, but insidious attempts to subvert their freedom?... They form

one political body, of which each _colony_ is a _member_."

The Massachusetts protest--In Massachusetts the Townshend Acts were

received by a public which was already irritated by the untactful course

of Governor Bernard. Soon after the repeal of the Stamp Act he had

negatived the election of Otis as speaker of the assembly, and when that

body retaliated by refusing to reelect certain members of the council,

the governor had refused to accept six members elected by the popular

party. Difficulties had also arisen when the governor demanded

compensation for those who had suffered by the Stamp Act riots and when

he demanded compliance with the Quartering Act.

The first protest of Massachusetts against the Townshend Acts was on

October 28, 1767, when the Boston town-meeting renewed the

non-importation agreement The General Court convened on December 30 and

shortly afterward the acts were read in the assembly and referred to a

committee for consideration. The committee drafted a letter to the

colonial agent which reviewed the arguments against taxation and

protested against the Townshend Acts. A petition to the king and letters

to members of the ministry were also prepared. A circular letter to the

assemblies in the other colonies, drawn by Samuel Adams, was adopted on

February 11, 1768.

The circular letter stated that it seemed necessary that the

representatives of the several assemblies should act in harmony "upon so

delicate a point" as the recent imposition of duties and taxes. The

argument regarding taxation without representation was restated, and

objection was made to the payment of the salaries of governors and

judges by the crown, to the large powers of appointment given to the

commissioners of the customs, and to the Quartering Act. Denial was made

that independence was in the minds of the Massachusetts representatives

and the letter closed with an expression of confidence in the king.

Several of the colonies sent sympathetic replies and Virginia issued a

circular letter to the other colonies calling upon them to unite with

Massachusetts in her petition for redress.

Hillsborough's reply.--When the Massachusetts protests reached England,

they came before a ministry which was prejudiced by letters from royal

officials in America. Lord Hillsborough, who had recently been appointed

to the newly created position of colonial secretary, laid the

Massachusetts protests before the cabinet. On April 21 he sent letters

to all the colonial governors, with the exception of Bernard, ordering

them to ignore the Massachusetts circular letter. If the assemblies took

notice of it, they were to prorogue or dissolve them. Bernard was

commanded to require the Massachusetts assembly to rescind its action

and to declare its disapprobation of its recent action. The

Massachusetts assembly refused and the other assemblies commended its

course.

The customs officials defied.--Acts of violence soon occurred. The

warship _Romney_ was anchored in Boston harbor and the captain angered

the people by impressing seamen, one of whom was rescued. On the same

day the sloop _Liberty_, owned by John Hancock, arrived with a cargo of

Madeira wine. The customs collector was locked up by the crew while the

cargo was landed and a false entry made. The _Liberty_ was seized and

moored under the guns of the _Romney_. A riot then occurred; the houses

of two of the customs officials were damaged and a boat belonging to the

controller was burned. The officials fled to the _Romney_ and later took

refuge in Castle William. The Boston town-meeting requested the removal

of the war vessel, but the governor refused on the ground that such

action would be beyond his jurisdiction. At Newport a revenue cutter

was burned and at Providence a coat of tar and feathers was

administered to a customs official.

Action of the Boston town-meeting and the Massachusetts

convention.--Before the occurrence of these riotous acts, the ministry

had determined to send troops to Boston. When this became known, the

town-meeting assembled in Faneuil Hall and resolved that the inhabitants

defend their rights, and they were called upon to provide themselves

with arms. When the governor refused to summon the assembly, the

selectmen called a convention of delegates from the Massachusetts towns.

Ninety-six towns responded. The governor refused to recognize the

convention, but it remained in session for six days and did not adjourn

until a statement of grievances had been formulated. On September 28,

1768, the day of adjournment, two regiments arrived at Boston.

Prisoners accused of treason to be tried in England.--The rebellious

acts of Massachusetts were condemned by parliament which also advised

the enforcement of the statute of Henry VIII which allowed the

government to bring to England for trial persons accused of treason

committed outside of the kingdom. This aroused a storm of protest. In

Virginia the burgesses adopted resolutions which asserted that the right

of taxation was vested in the House of Burgesses, that petitioning the

sovereign was an undoubted privilege of the colony, and that it was

lawful and expedient to procure the concurrence of other colonies "in

dutiful addresses, praying the royal interposition in favour of the

violated rights of America;" that trials for treason or for any felony

or crime committed in the colony should be held in the courts of that

colony, and that the sending of suspected persons beyond the sea for

trial was derogatory of the right of trial by a jury of the vicinage and

deprived the accused of summoning witnesses. The resolutions were sent

to the other assemblies. When the governor dissolved the burgesses, the

members met in a private house and drew up a non-importation agreement.

Other assemblies approved the Virginia resolutions and non-importation

agreements were signed throughout the colonies.

Departure of Bernard.--Massachusetts continued to be the center of

unrest. The unpopularity of Governor Bernard increased when it became

known that he was collecting evidence against Samuel Adams. The public

ire grew more intense when some of the governor's letters to the

Ministry were published. The council drew up charges against him and the

assembly petitioned for his recall. In July, 1770, he voluntarily

departed, leaving Hutchinson in charge.

The Boston "Massacre."--The troops remained in Boston where they were

heartily detested. Difficulties between soldiers and townspeople became

more and more frequent and in March, 1770, there was a serious

collision. On the fifth a sentinel at the custom house was pelted with

snow balls, and when he called for aid the guard came to his assistance.

A soldier was knocked down, shots were fired by the guard, and several

citizens were killed or wounded. Preston, the commanding officer of the

guard, surrendered to the civil authorities, and the privates were

placed under arrest. The selectmen demanded the withdrawal of the troops

to Castle William and Hutchinson hesitatingly complied. When the

soldiers were brought to trial, they were defended by John Adams and

Josiah Quincy, who obtained acquittal for all but two who were lightly

sentenced.

BEGINNING OF ORGANIZED RESISTANCE

Partial repeal of the Townshend Acts.--The Townshend Acts had proved a

complete failure. Exports from England to America had dropped from

L2,378,000 in 1768 to L1,634,000 in 1769. The customs were yielding

little revenue while the colonial military establishment had become

extremely expensive. In addition the colonies had been brought close to

rebellion. Lord North, who became Prime Minister on January 31, 1770,

hoped to end the commotions in America which had been so injurious to

English merchants and manufacturers. He accordingly obtained a repeal of

the duties on paints, glass, and paper, but at the suggestion of the

king, the tea tax was retained in order to maintain the principle that

parliament had the right to tax the colonies. The economic result of the

repeal was immediately evident, for in 1770 the English exports to

America reached nearly two million pounds sterling and during the next

year more than doubled.

Arbitrary attitude of the governors.--The public, however, was kept in a

state of agitation by the arbitrary acts of the governors who reflected

the royal will. In Georgia the governor vetoed the assembly's choice for

speaker, provoking a controversy which ended in the dissolution of the

assembly. In South Carolina the governor was in frequent quarrels with

the assembly, first over the salaries of the judges, then regarding the

veto of an appropriation but, and finally over convening the assembly at

Beaufort instead of at Charleston. Virginia was irritated by the royal

instructions which forbade the governor to assent to any law which would

prohibit or obstruct the importation of slaves. In Maryland the governor

by proclamation revived a law regulating fees which had expired by

limitation, an action which was looked upon as an assertion of the right

to levy taxes.

In Massachusetts the General Court, which was to have met at Boston in

January, 1770, was called to meet at Cambridge on March 15. The assembly

objected to the change of time and place and demanded a copy of

Hutchinson's instructions, but he refused to comply. The assembly would

do no business while thus constrained to hold its sessions away from

Boston, and declared that the people and their representatives had a

right to withstand the abusive exercise of the crown's prerogative.

Under protest the assembly finally proceeded to business, but another

difficulty immediately arose when the colonial troops were removed from

Castle William which was then garrisoned by the regulars. In July, 1771,

Hutchinson, who had recently been appointed governor, vetoed a bull

which provided for the salaries of the crown officials, an action which

called forth a protest from the assembly which held that royal

instructions were thus given the force of law. The following year the

assembly was informed that henceforth the salaries of the governor and

judges would be paid by the crown.

The Gaspee affair.--In Rhode Island an event occurred in 1772 which had

far-reaching influence. The numerous inlets and islands of Narragansett

Bay made smuggling easy, and revenue vessels, though constantly on the

alert, experienced great difficulty in detecting the illicit traders.

The revenue boats _St. Johns_ and _Liberty_ were destroyed by men from

Newport and the customs officials were annoyed by suits to recover

vessels and cargoes which they had seized; Admiral Montagu accordingly

ordered that seized vessels be sent to Boston. To Rhode Islanders

Dudington, the commander of the _Gaspee_, was especially obnoxious.

According to Trevelyan, "He stopped and searched vessels without

adequate pretext, seized goods illegally, and fired at the market boats

as they entered Newport harbour. He treated the farmers on the islands

much as the Saracens in the Middle Ages treated the coast population of

Italy, cutting down their trees for fuel, and taking their sheep when

his crew ran short of meat." The injured parties made their voices

heard, and the case was laid before the Admiral, who approved the

conduct of his subordinate officer, and announced that, "as sure as any

people from Newport attempted to rescue a vessel, he would hang them as

pirates." On June 9 the _Gaspee_ ran aground seven miles below

Providence and during the night the vessel was boarded, Dudington was

wounded, he and his crew were put on shore, and the vessel was burned.

The act of violence aroused the British government and orders were sent

to the governor of Rhode Island, the admiralty judge at Boston, and the

chief justices of Massachusetts, New Jersey, and New York to act as a

commission of inquiry. The commission held sessions in January and May,

1773, but failed to obtain any evidence.

Local committees of correspondence.--The arbitrary acts of the crown

officials, the extension of the royal prerogative, and the _Gaspee_

affair made possible the organization of the radical elements in the

colonies. In Massachusetts opposition centered in Samuel Adams, "the man

of the town meeting," who put forth pamphlet after pamphlet which struck

at the encroachments upon colonial rights. "While he restated the old

argument against the right of parliament to tax, he closely examined the

foundations of the claim of the ministers to govern by royal

instructions. He had grasped the idea that the king, lords, and commons,

as well as the colonies, were subject to the authority and bound by the

limitations of constitutional law." In the assembly, in the town

meeting, through the press, on the street, among the sailors, fishermen,

and ropemakers, he advocated the necessity of union. During the contest

over the salaries of the crown officials, Adams seized the opportunity

to put his ideas into tangible form. On November 2, 1772, in the Boston

town meeting he moved that a committee of twenty-one be appointed to

state the rights of the colonists, particularly of Massachusetts, and to

communicate and publish the same to the Massachusetts towns and to the

world as the sense of Boston "with the infringements and violations

thereof that have been or ... may be, made; also requesting of each town

a free communication of their sentiments on this subject." By January,

1773, more than eighty towns in Massachusetts had committees.

"The Boston committee of correspondence has been likened to a political

party manager. It provided for regular meetings, consulted with similar

bodies in the vicinity, stimulated the spread of committees in

surrounding towns, kept up a correspondence with them, prepared

political matter for the press, circulated it in newspapers and

broadsides, matured political measures, created and guided public

sentiment--in short, heated the popular temper to the boiling point of

revolution and then drew from it the authority to act."

Standing committees of correspondence.--Aroused by the _Gaspee_ inquiry,

the Virginia burgesses on March 12, 1773, adopted resolutions which

provided for a standing committee of correspondence and inquiry whose

business was "to obtain the most early and authentic intelligence of all

such acts and resolutions of the British Parliament, or proceedings of

Administration, as may relate to or affect the British colonies in

America, and to keep up and maintain a correspondence and communication

with our sister colonies, respecting these important considerations; and

the result of such their proceedings, from time to time, to lay before

this House." The committee was also instructed to obtain information

regarding "the principles and authority on which was constituted a court

of inquiry, said to have been lately held in Rhode Island, with powers

to transmit persons accused of offences committed in America to places

beyond the seas to be tried." The speaker was instructed to transmit to

the speakers of the different assemblies of the British colonies on the

continent copies of the resolutions, that they might lay them before

their assemblies and request them to appoint a person or persons to

communicate from time to time with the committee of the burgesses.

The Virginia suggestion was first acted upon by the Rhode Island

assembly, which on May 15 informed Virginia of the appointment of a

committee of correspondence. Before the close of the month the

assemblies of Connecticut, New Hampshire, and Massachusetts had

appointed similar committees. The South Carolina assembly acted in July,

Georgia in September, Maryland and Delaware in October, and North

Carolina in December. The New York assembly appointed its committee on

January 20, 1774, and New Jersey on February 8. The Pennsylvania

assembly dissolved without taking action.

The committees did not prove to be active agents, because (1) "there was

little or nothing for them to do;" (2) they "were chosen from members of

the assembly, all of whom were desirous of going home when the assembly

adjourned"; (3) "the assembly committees were extremely cautious about

acting on their own authority." "However, the choice of such committees

was not entirely without result. The popular assembly in each colony

received preliminary testing. Constitutional questions were raised and

discussed, and arguments disseminated.... More important still had been

the demonstration that a body could be created which might continue to

act in successful opposition to the crown when the royal governors

dissolved or prorogued the assemblies."

THE TEA CONTROVERSY

Attempted relief of the East India Company.--During this period George

III and his ministers took the fatal step of attempting to force tea

upon the colonies. The colonists had refrained from using tea which paid

a duty and had supplied themselves with smuggled tea from France,

Sweden, and Holland. At this time the East India Company was on the

verge of bankruptcy, a condition due in part to the loss of American

customers. In the company's warehouses a vast amount of tea had

accumulated. As a measure of relief the directors of the company advised

the repeal of the tea duty, but "a course which went direct to the point

was not of a nature to find favor with George the Third and his

Ministers." Instead they allowed the company a drawback of the entire

tea duty in England, but the tea was to be subject to the three penny

tax payable in the colonies.

The tea arrives.--George III was soon to learn that he could not force

tea down colonial throats. Late in 1773 several tea-laden ships arrived

at American ports. In Charleston the agents of the company resigned, and

when the duty was not paid, the collector seized the tea and stored it

in a damp cellar. In Philadelphia a public meeting resolved that the

duty on tea was illegal and persons who assisted in its being landed

were declared public enemies. Under pressure of public opinion the

consignees resigned and the captain of the tea vessel wisely decided not

to unload his cargo. "When New York learned that the tea-ships allotted

to it had been driven by a gale off the coast, men scanned the horizon,

like the garrison of Londonderry watching for the English fleet in Lough

Foyle, in their fear lest fate should rob them of their opportunity of

proving themselves not inferior in mettle to the Bostonians."

The Boston Tea Party.--The Massachusetts people had recently been

greatly irritated by certain private letters of Hutchinson, Oliver, and

Paxton. The letters had been obtained in England by Franklin and had

been sent under the seal of secrecy to some of the Massachusetts leaders

who, however, published them. Before the excitement subsided three

tea-laden vessels arrived at Boston. Hutchinson refused to allow the

ships to leave until regularly cleared and this could not be done until

the entire cargo had been unloaded. A mass meeting held in the Old South

Church resolved that the tea should not be landed, and when the governor

ordered the dispersal of the meeting, the bearer of the proclamation met

with insult. Neighboring towns agreed to assist Boston, with force if

necessary, and a guard watched the vessels to see that none of the tea

was landed. On December 17 the cargo would be seized by the collector

for non-payment of duty. On the evening of December 16, fifty or sixty

men disguised as Indians boarded the tea ships, rifled the chests, and

threw the contents into the bay.

The course of Massachusetts.--The British government was being sorely

tried by Massachusetts. On January 29, 1774, a petition of the general

court for the removal of Hutchinson and Oliver came before the Privy

Council Committee for Foreign Plantations. The petition was pronounced a

seditious document. Franklin was summoned before the committee, was

charged with intercepting letters, and was dismissed from the deputy

postmaster-generalship. Soon after the Boston Tea Party, the assembly

voted to impeach Justice Oliver for accepting a salary from the crown.

In retaliation Hutchinson dissolved the assembly and soon left the

colony.

LORD NORTH'S COERCIVE POLICY

The intolerable acts.--The revolutionary acts which were taking place in

America, especially those in Massachusetts, caused deep concern in

England. Pitt and Burke favored conciliation as the only means of

preserving the empire, but the king insisted upon repression. The

ministry speedily adopted a legislative program to punish Massachusetts,

and parliament legalized the ministerial policy by passing the so-called

intolerable acts.

Boston Port Act.--The first of these acts closed the port of Boston from

June 1, 1774, until such time as "it shall be made to appear to his

Majesty, in his privy council, that peace and obedience to the laws

shall be so far restored in the said town of Boston, that the trade of

_Great Britain_ may safely be carried on there, and his Majesty's

customs duly collected." The king was not to open the port until the

inhabitants of Boston had given full satisfaction to the East India

Company and to the revenue officers and others who had suffered by the

recent outbreaks.

Massachusetts Government Act.--By the "regulating act" the people of

Massachusetts were deprived of most of their chartered rights. After

July 1, 1774, the council was to be appointed by the king instead of by

the assembly. The governor was to appoint and remove, without the

consent of the council, all judges of the inferior courts, the attorney

general, provosts, marshals, and other officers belonging to the council

or courts of justice. Sheriffs were also appointed by the governor but

could not be removed without the consent of the council. The chief

justice and judges of the superior court were to be appointed by the

governor, but were to hold their commissions during the king's pleasure,

and they could not be removed unless by order of the crown. Grand and

petit juries were to be summoned by the sheriffs instead of being chosen

in town meetings. Except for elections, town meetings were to be called

only by consent of the governor and discussion was to be limited to

subjects stated in the leave. The people were still allowed to elect the

assembly.

Administration of Justice Act--The third act provided, "That if any

inquisition or indictment shall be found, or if any appeal shall be sued

or preferred against any person, for murther, or other capital offence,

in the province of the _Massachusetts Bay_, and it shall appear, by

information given upon oath to the governor.., that the fact was

committed by the person against whom such inquisition or indictment

shall be found, or against whom such appeal shall be sued or

preferred..., either in the execution of his duty as a magistrate, for

the suppression of riots, or in the support of the laws of revenue, or

in acting in his duty as an officer of revenue, or in acting under the

direction and order of any magistrate, for the suppression of riots, or

for the carrying into effect the laws of revenue, or in aiding and

assisting in any of the cases aforesaid; and if it shall also appear, to

the satisfaction of the said governor ... that an indifferent trial

cannot be had within the said province, in that case, it shall and may

be lawful for the governor ... to direct, with the advice and consent of

the council, that the inquisition, indictment, or appeal, shall be tried

in some other of his Majesty's colonies, or in _Great Britain_." The act

also made it possible to transport witnesses to the scene of the trial.

Quartering Act, June 2, 1774.--The fourth law was entitled "An act for

the better providing suitable quarters for officers and soldiers in his

Majesty's service in North America." It provided that, if any officers

or soldiers should be without quarters for twenty-four hours after a

proper demand had been made, the governor might order that uninhabited

houses, outhouses, barns, or other buildings be made fit for quarters.

The law was to remain in force until March 24, 1776. Though the act was

general in its terms, in reality it was intended "to facilitate the

establishment of a temporary military government in Massachusetts." Of

ominous import was the appointment of General Gage as governor of

Massachusetts.

The Quebec Act.--The Quebec Act which extended the province of Quebec to

the Ohio River also aroused the anger of Massachusetts, New York,

Connecticut, and Virginia, as it deprived those colonies of large tracts

of western lands which they claimed under their ancient charters. It was

not intended as a coercive act, but was so considered in the colonies.

THE FIRST CONTINENTAL CONGRESS

Call for a congress.--On May 10 a copy of the Port Act was received in

Boston. On the twelfth the committee of correspondence met with eight

neighboring committees and recommended non-intercourse with Great

Britain. The other colonies were asked to follow the same course. While

this was taking place the four additional regiments which Gage had

called for began to arrive and on June 1, 1774, the port was blocked by

men-of-war. Boston began to receive money and supplies from other towns

and colonies, and a new impetus was given to the formation of committees

of correspondence. Committees in New York and Philadelphia recommended

the appointment of delegates to a general congress. The Virginia

burgesses resolved to set aside June 1 as a day of fasting and prayer.

The governor dissolved the house, but the burgesses assembled on May 27

at the Raleigh Tavern and adopted a resolution calling for a congress.

Copies of the resolution were sent to the other assemblies.

On June 17 the Massachusetts assembly resolved, "That a meeting of

committees from several colonies ... is highly expedient and necessary,

to consult upon the present state of the colonies, and the miseries to

which they are and must be reduced by the operation of certain acts of

Parliament respecting America, and to deliberate and determine upon wise

and proper measures, to be by them recommended to all the colonies, for

the recovery and establishment of their just rights and liberties, civil

and religious, and the restoration of union and harmony between Great

Britain and the colonies, most ardently desired by all good men:

Therefore, resolved, that the Hon. James Bowdoin, Esq., the Hon. Thomas

Cushing, Esq., Mr. Samuel Adams and Robert Treat Paine, Esqrs., be

appointed a committee ... to meet with such committees or delegates from

the other colonies as have been or may be appointed, either by their

respective houses of burgesses or representatives, or by convention, or

by the committees of correspondence appointed by the respective houses

of assembly, in the city of Philadelphia, or any other place that shall

be judged most suitable by the committee, on the 1st day of September

next; and that the speaker of the house be directed, in a letter to the

speakers of the house of burgesses or representatives in the several

colonies, to inform them of the substance of these resolves."

Meeting of the First Continental Congress.--Every colony but Georgia

responded to the call. In September over fifty delegates assembled in

Carpenters' Hall at Philadelphia. Among them were John and Samuel Adams

of Massachusetts, John Dickinson of Pennsylvania, Richard Henry Lee,

Patrick Henry and George Washington of Virginia, Roger Sherman of

Connecticut, John Jay of New York, and Edward and John Rutledge of South

Carolina. "The congress of 1774 was not thought of by the people as a

congress in the modern legislative sense. It was rather a convention of

ambassadors of subordinate, but distinct communities which had found it

needful to take counsel of one another regarding a crisis in their

common relations to the parent state, in order, if possible, to adopt

some common plan of action. It was essentially an advisory or

consultative body. In another aspect it may be regarded as the

completion of the revolutionary party organization of which the basis

was laid in the committees of correspondence."

The Suffolk Resolves approved.--The delegates were soon divided into

well-defined groups; the radicals led by Samuel Adams wanted resistance,

the conservatives headed by Joseph Galloway favored compromise. The

radicals succeeded in getting Congress to approve the resolves recently

drawn up in the Suffolk County convention in Massachusetts. The resolves

declared that no obedience to the recent acts of parliament was due from

Massachusetts, advised that no money be turned into the treasury by the

tax-collectors until the restoration of the constitution, denounced as

enemies the king's councillors who had not resigned, and threatened

armed resistance. Congress published these resolves with its resolutions

commending the course of Boston.

A plan of union.--The conservatives favored a plan of union proposed by

Galloway, which provided for a crown appointed president-general and a

council of deputies chosen every three years by the legislatures. The

acts of the council were to be subject to parliamentary veto and acts of

parliament relating to the colonies might be vetoed by the council. The

plan was defeated by a narrow margin.

The Declaration and Resolves.--On September 7 a committee of two from

each colony had been appointed to draw up a statement of the rights of

the colonies, instances of their violation, and means of restoring them.

Agreement on the committee's report was reached on October 14. The

declaration of grievances thus adopted complained that parliament had

imposed taxes upon them and under various pretences, but in fact for the

purpose of raising revenue, had established a board of commissioners

with unconstitutional powers, and had extended the jurisdiction of the

admiralty courts, not only for collecting duties, but for trial of

causes arising merely within the body of a county. Complaint was also

made that judges had been made dependent on the crown for salaries, that

standing armies had been kept in times of peace, and that the removal to

distant places for trial of prisoners charged with treason and certain

other crimes had been legalized. The intolerable acts were described as

"impolitic, unjust, and cruel, as well as unconstitutional." Other

complaints were the dissolution of assemblies when they attempted to

deliberate on grievances, and treating with contempt petitions for

redress.

Congress accordingly resolved that the inhabitants of the English

colonies in North America were "entitled to life, liberty and property:

and they had never ceded to any foreign power whatever, a right to

dispose of either without their consent;" that they were entitled to the

same rights as their ancestors; "that the foundation of English liberty,

and of all free government, is a right in the people to participate in

their legislative council: and as the English colonies are not

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 policy, subject only to

the negative of their sovereign." For the mutual interests of both

countries they consented to parliamentary regulation of external

commerce. The right of trial by their peers of the vicinage, rights

confirmed by royal charters and secured by provincial codes, and the

right of assembly and petition were asserted. Keeping of a standing army

in time of peace without the consent of the legislature of the colony

where the army was kept was declared illegal. The exercise of

legislative power by a crown appointed council was declared

"unconstitutional, dangerous and destructive to the freedom of American

legislation."

"All and each of which the ... 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."

The acts passed by parliament since 1763 to which they were opposed were

then enumerated. "To these grievous acts and measures, Americans cannot

submit, but in hopes their fellow subjects in Great-Britain will, on a

region 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."

Non-importation, non-consumption, and non-exportation.--By commercial

restrictions the delegates hoped to force the British government to

change its policy. On September 22 Congress voted to request colonial

merchants and others not to place orders for British goods and to delay

or suspend orders already sent until Congress could make known its

policy. Five days later it resolved that from December 1 there should be

no importation of goods from Great Britain or Ireland, or of British or

Irish make, and that such goods be neither used nor purchased. On

September 30 it was resolved that exportation to Great Britain. Ireland,

and the British West Indies ought to cease after September 10, 1775,

unless grievances were redressed, and a committee was appointed to

formulate a plan for the enforcement of non-importation,

non-consumption, and non-exportation.

The Association.--On October 20 the delegates adopted the "Association"

which provided that after December 1 British or Irish goods, East India

tea, molasses, syrups, paneles, coffee, and pimento from the British

plantations or from Dominica, wines from Madeira or the Western Islands,

and foreign indigo should not be imported into British America. It was

agreed that slaves should not be imported or purchased after December 1,

and slave traders were not to be allowed to rent vessels or purchase

goods. Non-exportation was not to be put into force until September 10,

1775, but if redress had not been obtained by that time, American goods

would be cut off from Great Britain, Ireland, or the West Indies. Rice,

however, might be exported to Europe. Congress agreed to encourage

frugality, economy, and industry, to promote agriculture, the arts, and

manufactures, especially of wool, and to discourage extravagance and

dissipation. Merchants and manufacturers were not to raise prices. A

committee in each county, city, and town was to observe the conduct of

persons, and if violations of the Association were discovered, the truth

was to be published in the newspapers. If any colony did not accede to

the Association, intercourse with that colony was to be cut off.

Attempts to obtain cooeperation of other Colonies.--Congress also made an

effort to obtain the cooperation of neighboring colonies by an address

to the people of Quebec and by letters to the inhabitants of St. Johns,

Nova Scotia, Georgia, and East and West Florida. A memorial to the

people of British America, an address to the people of Great Britain,

and a petition to the king were also prepared. May 10, 1775, was set as

the date for the assembly of another congress, and on October 26 the

First Continental Congress dissolved.

North's conciliatory resolution.--In January, 1775, parliament began

consideration of the petition to the king and other papers relating to

America. Chatham moved the withdrawal of the troops from Boston but the

motion was defeated. On February 1 he presented a plan of conciliation

based upon mutual concessions, but this was also rejected. On February

20 Lord North undertook the unexpected role of conciliator by a

resolution which was considered in committee of the whole and passed by

the commons a week later. The resolution provided "that when the

Governour, Council, and Assembly, or General Court, of any ... colonies

in _America_, shall propose to make provision ... for contributing their

proportion to the common defence, (such proportion to be raised under

the authority of the General Court, or General Assembly, of such

Province or Colony, and disposable by Parliament,) and shall engage to

make provision also for the support of the Civil Government, and the

Administration of Justice, in such Province or Colony, it will be

proper, if such proposal shall be approved by his Majesty and ...

Parliament ... to forbear, in respect of such Province or Colony, to

levy any Duty, Tax, or Assessment, or to impose any farther Duty, Tax,

or Assessment, except only such Duties as it may be expedient to

continue to levy or to impose for the regulation of commerce; the nett

produce of the Duties last mentioned to be carried to the account of

such Province or Colony respectively."

The Restraining Act.--The effect of North's resolution was nullified by

the Restraining Act, which, in spite of Burke's powerful speech on

conciliation, became law on March 13. This act confined the commerce of

the New England colonies to Great Britain, Ireland, and the British West

Indies, and prohibited the New Englanders from fishing in the northern

fisheries, until "the trade and commerce of his Majesty's subjects may

be carried on without interruption." In April the act was extended to

New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and South

Carolina. The British government thus closed the door of conciliation

and made the American Revolution inevitable.

READINGS

Adams, J., _Works_, II, 337-517; Adams, S., _Writing_, II-III; Becker,

C.L., _Beginnings of the American People_, 202-253; Beer, G.L., _British

Colonial Policy, 1754-1765_, 72-315; Bigelow, J., _The Life of Benjamin

Franklin_, II, 7-337; Channing, E., _A History of the United States_,

III, 29-154; Dickinson, J., _Writings_, in Historical Society of

Pennsylvania, _Memoirs_, XIV, 307-406; Doyle, J.A., "The Quarrel with

Great Britain, 1761-1776," in _Cambridge Modern History_, VII, 148-208;

Fisher, S.G., _The Struggle for American Independence_, I, 1-300;

Frothingham, Richard, _The Rise of the Republic_, 158-455; Henry, W.W.,

_Patrick Henry_, I, 24-357; Howard, G.E., _Preliminaries of the

Revolution_; Hutchinson, P.O., _The Diary and Letters of his Excellency

Thomas Hutchinson_, I; Johnson, E.R., _History of Domestic and Foreign

Commerce of the United States_, I, 84-121; _Journals of the Continental

Congress_, I (Worthington C. Ford, ed.); Lecky, W.E.H., _History of

England in the Eighteenth Century_, III, 290-460; Lincoln, C.H., _The

Revolutionary Movement in Pennsylvania, 1760-1776_; MacDonald, William,

_Select Charters_, 272-396; Trevelyan, G.O., _The American Revolution_,

Part I, 1-253; Tyler, M.C., _Literary History of the American

Revolution_, I; _Patrick Henry_, 32-134; Van Tyne, C.H., _The American

Revolution_, 3-24; Becker, C.L., _The Eve of the Revolution_; Eckenrode,

H.J., _The Revolution in Virginia_; Schlesinger, A.M., _The Colonial

Merchants and the American Revolution, 1763-1776_.

CHAPTER XXIV

FROM LEXINGTON TO INDEPENDENCE (1775-1776)

THE OPENING OF HOSTILITIES

Enforcement of the Association.--The Association adopted by the

Continental Congress was approved throughout the colonies. In county and

town meetings, in assemblies, provincial congresses, or special

conventions, the patriot party expressed its approval. Though the New

York assembly refused to sanction the proceedings of Congress, the

committee of correspondence and many counties chose inspection

committees. In Georgia the patriots had a difficult time, but when the

provincial congress assembled at Savannah in March, 1775, forty-five of

the deputies ratified the Association and local inspection committees

were formed.

Military preparations.--Throughout the colonies military preparations

were in progress. In October, 1774, Charles Lee wrote from Philadelphia

to an English nobleman, "Virginia, Rhode Island and Carolina are forming

corps. Massachusetts Bay has long had a sufficient number instructed to

become instructive of the rest. Even this Quakering province is

following the example." In December the provincial convention of

Maryland recommended that all males between the ages of sixteen and

fifty should form themselves into military companies. Delaware made

provision for the arming and drilling of militia. Connecticut ordered

the towns to double their military supplies, and Rhode Islanders seized

forty-four cannon from the Newport batteries.

Whigs, neutrals, and Tories.--In spite of the military ardor thus

displayed, public opinion was by no means a unit. In general the people

were divided into three groups, patriots, neutrals, and Loyalists. Among

the patriots, or Whigs as they were called, was a small group of

ultra-radicals who favored independence. A great majority of the Whigs

stood for strenuous opposition to British policy but not for

independence. The neutrals in the main presented three shades of

opinion: those with patriot sympathies but who were still wavering,

those who were indifferent or were religiously opposed to violence, and

those who had Loyalist leanings but had not made a definite decision.

The third great group was composed of Loyalists or Tories. These were

not all of like mind, one portion being openly in favor of the king but

not ready to take up arms, the rest being openly belligerent. As the

Revolution progressed shadings within groups gradually disappeared,

wavering neutrals linked themselves with patriots or Loyalists, and

sections became distinctly Whig or Tory.

Even before the adoption of the Association, ill feeling showed itself.

As Howard says, "Tarring and featherings was becoming the order of the

day.... Loyalists were bitterly stigmatized as Tories and traitors, and

the cause of liberty was sullied by acts of intolerance and

persecution." Channing says, "The story of tarring and featherings,

riotings and burnings becomes monotonous, almost as much so as the

reading of the papers that poured forth from counties, towns,

conventions, meetings, congresses, and private individuals."

Revolution in Massachusetts.--The people of Massachusetts refused to

submit to the Regulating Act. The "mandamus" councillors were threatened

with violence and either declined the appointment or resigned, and the

courts were unable to sit. On September 1, 1774, Gage sent soldiers to

seize some powder stored near Boston and a rumor spread that the war

ships had fired on Boston. The militia began to gather from neighboring

counties, and Israel Putnam summoned the Connecticut militia to march to

the assistance of Boston.

Gage refused to allow the meeting of the assembly called for October 5,

but most of the representatives met at Salem where they declared

themselves a provincial congress. A few days later the congress moved to

Concord and then to Cambridge. It appointed a committee of safety which

was empowered to call out the militia, and other committees attended to

the collecting of stores and general defence. After the gathering of the

second provincial congress on February 1, 1775, the committee of safety

under the leadership of John Hancock and Joseph Warren was authorized to

distribute arms.

Lexington.--On April 18 the watchful patriots discovered that British

troops were preparing for an expedition, and William Dawes and Paul

Revere were sent to spread the alarm. Soon after dawn of April 19 the

British troops approached Lexington where they found sixty or seventy

minutemen under arms. When they did not obey the order to lay down their

arms and disperse, a shot was fired, followed by a volley which killed

eight and wounded ten of the colonials. The regulars went on to Concord

where another encounter occurred at the old North Bridge where the

British had stationed a guard. After destroying some stores, the troops

started back toward Boston. By this time the militia had gathered, and

the incensed farmers and villagers from behind trees, rocks, and fences

poured in a deadly fire which did not slacken until the soldiers were

relieved at Lexington by troops under Lord Percy. When the march was

resumed the battle began again, nor did it cease until the weary

soldiers reached Charlestown.

[Illustration: Boston with Environs During the Revolution (Based on map

in G.O. Trevelyan, _The American Revolution_, Part I, at end).]

Boston besieged.--The news of Lexington started thousands of New England

volunteers toward Boston. John Stark led the New Hampshire men; Israel

Putnam left his plow in the furrow to lead the Connecticut volunteers;

and Nathanael Greene headed the Rhode Islanders. The volunteer forces in

a few weeks were reinforced by large bodies of colonial troops. The

Massachusetts congress voted to raise thirteen thousand six hundred men,

and it called upon the other New England colonies to bring the army up

to thirty thousand. The Rhode Island assembly voted to raise fifteen

hundred men, and Connecticut six thousand, two-thirds of whom were to be

sent to the aid of Boston. Gage, who had been reinforced with troops

under Howe, Clinton, and Burgoyne, found his army of six or seven

thousand veterans shut up in Boston by an undisciplined and poorly

organized force, which, however, outnumbered him three or four to one.

Bunker Hill.--The city was open to attack from Dorchester Heights and

the Charlestown hills. To forestall the British, the colonials decided

to occupy Bunker Hill. On the night of June 16 Colonel William Prescott

was sent to fortify the position. For reasons which are not entirely

clear, he led his men to Breed's Hill where a redoubt was constructed.

When dawn disclosed the fortification, the warships and batteries opened

fire. Prescott asked for reinforcements and small detachments came to

his assistance. A British council of war was called. Clinton suggested

the seizure of the causeway on Charlestown neck, a movement which would

have cut off the colonial force from the mainland. But Gage and Howe,

underestimating the fighting ability of their opponents, foolishly

insisted upon a frontal attack. Twice the British were repulsed with

staggering losses, but during the third charge the colonials exhausted

their ammunition and were forced to retreat, first to Bunker Hill and

then back to their own lines. Though the colonials technically had

suffered a defeat, great was the rejoicing over the battle, for colonial

troops had proven their prowess against the British regulars and had

taken a toll of two for one.

Ticonderoga and Crown Point--While the troops were gathering about

Boston, it occurred to Benedict Arnold that Ticonderoga would be an easy

prize. He submitted his ideas to Warren and the committee of safety, who

authorized him to proceed with not over four hundred men to reduce the

fort. On the way to Boston Arnold had divulged his thoughts to certain

Connecticut friends who immediately organized an expedition with the

same object. Ethan Allen and others from the Hampshire grants had also

conceived the idea of capturing the fortress and were on the march when

joined by Arnold, who had gone forward ahead of his troops. Immediately

the question of rank arose and after considerable discussion Allen and

Arnold agreed to command jointly for the time being.

On May 10 Ticonderoga surrendered without a struggle and this was

followed by an easy conquest of Crown Point and Ft. George. By this time

Allen completely ignored his colleague, but the arrival of about a

hundred of Arnold's men gave him his opportunity. Having captured a

British schooner Arnold decided to make a raid on St. Johns. The town

was easily captured and a British sloop fell into the hands of the

audacious colonial. The operations supplied the Whig army with much

needed artillery and stores, and it opened the way for operations in

Canada.

Rebellion in Virginia.--Virginia at the same time was in a state of

rebellion. The second revolutionary convention assembled at Richmond in

March, 1775, and Patrick Henry boldly sounded the call to arms. The

governor, Lord Dunmore, in alarm ordered the removal of the gunpowder

from the magazine at Williamsburg and soon several thousand armed men

made ready to march on the capital. When some of the leaders hesitated,

Henry placed himself at the head of an armed band and marched toward

Williamsburg. The governor discreetly agreed to pay for the powder, but

two days later (May 6, 1775) issued a proclamation charging the people

"not to aid, abet, or give countenance to the said Patrick Henry, or any

other persons concerned in such unwarrantable combinations." In May a

legal assembly was called but the members appeared in arms, and an

attempted conciliation failed when it became known that a trap was

prepared to kill any one who tampered with the magazine. Fearful of the

mob, the governor fled to a war vessel.

The Mecklenburg Resolves.--The news of Lexington aroused every colony.

South Carolina immediately raised two regiments. In North Carolina some

of the frontiersmen held a meeting at Charlotte, Mecklenburg County, and

passed resolutions that crown commissions in the colonies were null and

void, and that colonial constitutions were suspended. They also made

governmental regulations until Congress could provide laws for them. The

original resolutions were destroyed and afterward were reproduced from

memory in the form of the so-called "Mecklenburg Declaration of

Independence" of May 20. Reliable historians now reject the authenticity

of this document, but the original resolves were undoubtedly genuine.

THE SECOND CONTINENTAL CONGRESS

The delegates.--The Second Continental Congress assembled at

Philadelphia on May 10, 1775, all but Georgia and Rhode Island being

represented. On May 13 Lyman Hall, representing St. John's parish,

Georgia, arrived, but not until July 20 was notice received that Georgia

had acceded to the Association and appointed delegates. Stephen Hopkins,

the first Rhode Island delegate to appear, arrived May 18. Peyton

Randolph of Virginia was elected president, but he found it necessary to

leave Congress on May 24, and John Hancock was chosen president. Most of

the delegates had been in the first Congress; among the new members was

Benjamin Franklin, who had recently returned from England; Thomas

Jefferson was elected to represent Virginia in the place of Peyton

Randolph.

Nature of the work of Congress.--The conservative Whigs were still in

the majority. They favored another petition to the king, but the state

of war was recognized by all and Congress shouldered the responsibility

of directing the Revolution as a defensive war. The early activities of

Congress were devoted mainly to the raising, organizing, and equipping

of the armies, to building and equipping a fleet, to perfecting the

organization of the Revolution, to protecting the frontiers and

obtaining alliances with the Indians, to enforcing the Association, to

justifying the Revolution and seeking aid outside of the thirteen

colonies, and to seeking redress from the British crown.

Military preparations.--Congress worked strenuously to raise troops and

to obtain munitions and other stores. Efforts were made to stimulate

recruiting, to perfect the organization of the militia, and to hasten

the assembling of forces. The manufacture of cannon, guns, and gunpowder

was encouraged and attempts were made to increase the supplies of lead,

nitre, and salt. Congress recommended to the various assemblies and

conventions that they provide sufficient stores of ammunition for their

colonies and that they devise means for furnishing with arms such

effective men as were too poor to buy them.

Organization of the army.--The armies already in the field were

recognized by Congress. On June 14 a committee was appointed to draft

rules for the army and on the following day Washington was appointed to

command the continental forces. Arrangements were soon made for the

appointment of four major-generals, eight brigadier-generals, and minor

officers. The first major-generals were Artemus Ward, Charles Lee,

Philip Schuyler, and Israel Putnam, Schuyler being placed in command of

the New York department. Rules and regulations for the army were also

adopted and provision was made for the establishment of a hospital.

Organization of the navy.--For the protection of the coasts Congress at

first depended upon the efforts of individual colonies, recommending

that they make provision, by armed vessels or otherwise, for the

protection of their harbors and navigation on their coasts. Colonial

vessels were utilized to capture British transports, but it soon became

evident that a navy under congressional control would be more effective.

During October, 1775, Congress decided to fit out four vessels and on

November 28 adopted rules for the regulation of the navy. On December 13

provision was made for the building of thirteen war craft and on the

twenty-second officers were appointed. Ezek Hopkins was made

commander-in-chief of the fleet; the captains were Dudley Saltonstall,

Abraham Whipple, Nicholas Biddle, and John B. Hopkins. Among the

first-lieutenants was John Paul Jones.

Prizes and privateers.--On November 25 Congress adopted regulations

regarding prizes, and advised the legislative bodies to erect admiralty

courts or to give to the local courts admiralty jurisdiction. It also

provided "That in all cases an appeal shall be allowed to Congress, or

such person or persons as they shall appoint for the trials of appeals."

In March, 1776, Congress resolved "That the inhabitants of these

colonies be permitted to fit out armed vessels to cruize on the enemies

of these United Colonies." In April Congress adopted a form of

commission and instructions to commanders of privateers, and decided to

issue letters of marque and reprisal.

First steps in financing the Revolution.--The financing of the

Revolution was one of the most difficult tasks confronting Congress. The

first step in raising money was taken on June 3, 1775, when a committee

was appointed to borrow L6,000 to purchase gunpowder. A committee was

also appointed to bring in an estimate of money necessary to be raised.

On June 22 Congress resolved to emit $2,000,000 in bills of credit and

pledged the "confederated colonies" for their redemption. Once embarked

upon the perilous course of paper finance, issue followed issue in rapid

succession. At first the promissory notes passed readily, but they soon

began to depreciate and eventually became worthless. Nevertheless they

carried the Revolution through its most trying years.

Establishment of a post office.--The need of "speedy and secure

conveyance of intelligence from one end of the Continent to the other"

was recognized and a committee was appointed to consider the

establishment of posts. On July 26 the post office was established,

Benjamin Franklin being elected Postmaster General. He was authorized to

establish "a line of posts ... from Falmouth in New England to Savannah

in Georgia, with as many cross posts as he shall think fit."

An Indian policy adopted.--Control of the Indians was vital for the

safety of the frontier. It was felt that if the British ministry should

induce the tribes to commit hostile acts, the colonies would be

justified in entering into alliances with Indian nations. It was hoped

that the Iroquois might be kept neutral. "Talks" were prepared, goods

to be used as presents were purchased, and money was provided. The

frontier was laid off into three departments which were placed under

commissioners. The Six Nations and tribes to the north of them were in

the northern department; tribes between the Iroquois and the Cherokee

were in the middle department; and the Cherokee and Indians south of

them were in the southern department.

Enforcement of the Association.--Congress continued the policy of trade

restriction. On May 17 it resolved that exports to Quebec, Nova Scotia,

the Island of St. Johns, Newfoundland, Georgia except St. John's parish,

and to East and West Florida, must cease, and that supplies must not be

furnished to the British fisheries. After Georgia appointed delegates,

the colony was admitted to the Association. On June 2 Congress resolved

that no bill of exchange, draught, or order of any British officer

should be honored, and that no money, provisions, or other necessaries

be furnished the British army or navy.

On June 26 Congress resolved that, as attempts were being made to divide

the people of North Carolina and defeat the Association, it was

recommended to that colony to associate for the defence of American

liberty and to organize the militia, Congress offering to provide pay

for a thousand men in the colony. On July 4 a resolution was adopted

that the restraining acts were "unconstitutional, oppressive, and

cruel," and that commercial opposition should be made to them.

As doubts had arisen with respect to the true spirit and construction of

the Association, on August 1 Congress defined it as follows: "Under the

prohibition ... to export to, or import from, the Islands of Great

Britain and Ireland, this Congress intends to comprise all exportation

to, and importation from, the islands of Jersey, Guernsey, Sark,

Alderney, and Mann, and every European island and settlement within the

British dominions: and that under the denomination of the West Indies,

this Congress means to comprehend all the West India islands, British

and foreign, to whatever state, power, or prince belonging, or by

whomsoever governed, and also the Summer islands, Bahama Islands,

Berbicia and Surinam on the Main, and every island and settlement within

the latitude of the southern line of Georgia and the Equator."

The necessity of obtaining supplies forced Congress to make special

provisions for the importation of munitions of war. On July 15, 1775, a

resolution was adopted that "every vessel importing Gun powder, Salt

petre, Sulphur, provided they bring with the sulphur four times as much

salt petre, brass field pieces, or good muskets fitted with Bayonets,

within nine Months from the date of this resolution, shall be permitted

to load and export the produce of these colonies, to the value of such

powder and stores aforesd, the non-exportation agreement

notwithstanding." On November 2 Congress adopted a resolution to close

the ports until March 1, but from time to time special provisions were

made for the exportation and importation of goods. The delegates

frequently discussed the question of opening the ports, as shown by John

Adams's _Autobiography_ which says: "This measure ... labored

exceedingly, because it was considered as a bold step to independence.

Indeed, I urged it expressly with that view, and as connected with the

institution of government in all the States, and a declaration of

national independence." On April 6, 1776, the ports were opened to world

commerce except trade with Great Britain and her possessions.

Letter to the people of Canada.--The congressional leaders hoped to

strengthen their resistance by obtaining the cooeperation of the

Canadians. A letter "to the oppressed inhabitants of Canada" was

approved on May 29. Congress condoled with them "on the arrival of that

day, in the course of which, the sun could not shine on a single freeman

in all your extensive dominion.... By the introduction of your present

form of government, or rather present form of tyranny, you and your

wives and your children are made slaves.... We are informed you have

already been called upon to waste your lives in a contest with us.

Should you, by complying in this instance, assent to your new

establishment [the Quebec Act], and a war break out with France, your

wealth and your sons may be sent to perish in expeditions against their

islands in the West Indies. We yet entertain hopes of your uniting with

us in the defence of our common liberty."

Attempts to influence public opinion in the British Empire.--Congress

hoped by appeals to the inhabitants of the British Isles to arouse

public opinion, thereby bringing pressure to bear upon a Ministry and

subservient parliament which had shown themselves to be irresponsible

and tyrannous. Addresses to the people of Great Britain and Ireland were

accordingly prepared. A letter to the Lord Mayor, aldermen, and liveries

of London was drawn up expressing thanks "for the virtuous and

unsolicited resentment you have shown to the violated rights of a free

people." A letter of friendship was sent to the assembly of Jamaica and

a communication regarding commerce was sent to Bermuda.

Statement to the army.--On July 6 Congress approved a declaration

setting forth the causes and necessity of taking up arms, which was to

be published by Washington upon his arrival at Boston. The declaration

presented the usual arguments regarding constitutional rights and gave

an account of the progress of events. That independence was desired was

denied in the following words: "We have not raised armies with ambitious

designs of separating from Great Britain, and establishing independent

states. We fight not for glory or for conquest.... In our own native

land, in defence of the freedom that is our birth right,... and for the

protection of our property ... we have taken up arms."

Petition to the king.--The radicals believed that a war of independence

could not be avoided, but the conservatives restrained them, hoping that

the force of public opinion, a bold show of resistance, and commercial

restrictions would change the ministerial policy. Another direct appeal

to the king was decided upon and on May 29 resolutions were adopted,

"that with a sincere design of contributing by all the means in our

power, not incompatible with just regard for the undoubted rights and

true interests of these colonies, to the promotion of this most

desirable reconciliation, an humble and dutiful petition be presented to

his Majesty." The petition, signed on July 8, was couched in respectful

terms as the following quotation shows: "We ... beseech your Majesty,

that your royal authority and influence may be graciously interposed to

procure us relief from our afflicting fears and jealousies, occasioned

by the system before mentioned, and to settle peace through every part

of your dominions, with all humility submitting to your Majesty's wise

consideration whether it may not be expedient for facilitating those

important purposes, that your Majesty be pleased to direct some mode, by

which the united applications of your faithful colonists to the throne,

in pursuance of their common councils, may be improved into a happy and

permanent reconciliation; and that, in the mean time, measures may be

taken for preventing the further destruction of the lives of your

Majesty's subjects; and that such statutes as more immediately distress

any of your Majesty's colonies may be repealed."

Reply to Lord North.--As several of the colonies were desirous of

knowing the congressional attitude toward Lord North's conciliatory

resolution, on July 31 Congress adopted a formal report which closed

with the following statement: "When the world reflects how inadequate to

justice are these vaunted terms; when it attends to the rapid and bold

succession of injuries, which have been aimed at these colonies, when it

reviews the pacific and respectful expostulations, which ... were the

sole arms we opposed to them; when it observes that our complaints were

either not heard at all, or were answered with new and accumulated

injury,... when it considers the great armaments with which they have

invaded us, and the circumstances of cruelty with which they have

commenced and prosecuted hostilities; when these things we say, are laid

together and attentively considered, can the world be deceived into an

opinion that we are unreasonable, or can it hesitate to believe with us,

that nothing but our own exertions may defeat the ministerial sentence

of death or abject submission."

Stubborn attitude of the government.--George III and his ministers had

gained no wisdom from the rebellious attitude in America. The petition,

which had been entrusted to Richard Penn, reached London on August 14,

but not until a week later did Lord Dartmouth, the secretary for the

colonies, consent to look at a copy of the document and not until

September was it presented to the king. On August 23 George III

published a proclamation which declared the Americans rebels, and after

his examination of the petition, the king saw no reason for revising it.

At the next session of parliament acts were passed which prohibited

trade with the thirteen colonies, ordered the seizure and confiscation

of ships engaged in trade with them, and permitted British commanders

to impress sailors from seized vessels.

The German mercenaries.--A reorganization of the cabinet had forced the

amiable Dartmouth out of the colonial office, his successor being Lord

George Germaine. Lord Rochford was made secretary of state for the

southern department, and Lord Suffolk was retained in the northern

department to which office fell the business with Germany. The British

army was sadly in need of recruits. In Scotland the men of Argyllshire

and Inverness-shire readily entered the army for colonial service, but

in Ireland and England the people showed little enthusiasm for a war

which was intended to subdue their freedom-loving brethren over the

seas. To raise the necessary troops the king turned to the continent. An

attempt to obtain the use of the Scotch troops which had long been in

Dutch service failed and Catherine II refused to furnish Russian

infantry, but in Germany British overtures met with better success. The

Landgrave of Hesse-Cassel, the Duke of Brunswick, and some other needy

princes were willing to sell the services of their subjects for British

gold. During the war over thirty thousand mercenaries were hired in

Germany for service in America. In the words of Lecky, "The conduct of

England in hiring German mercenaries to subdue the essentially English

population beyond the Atlantic, made reconciliation hopeless, and the

Declaration of Independence inevitable."

PROGRESS OF THE WAR

Burning of Falmouth.--Events were also taking place in America which

were convincing the public that the war for independence must be fought

to the bitter end. In October, 1775, four British war vessels sailed

into the harbor of Falmouth, now known as Portland, and set fire to the

town. Three-fourths of the dwellings were destroyed and a thousand

unoffending people were made homeless.

The Canadian campaign.--The efforts of Congress to enlist the Canadians

in the colonial cause did not meet with success and the invasion of

Canada was determined upon. Two forces were sent northward. One under

Richard Montgomery was to proceed by the Lake Champlain route, seize

Montreal, and then march to Quebec. The other under Benedict Arnold was

to go up the Kennebec and down the Chaudiere, and join the other force.

Montgomery captured Montreal and then made a juncture with Arnold. On

December 31 an attack was made on Quebec, but Montgomery was killed,

Arnold was wounded, and the forces were repulsed. But in spite of

terrible sufferings in his army, Arnold kept Quebec in a state of

blockade the rest of the winter.

Siege of Boston.--When Washington arrived at Cambridge, he found a

disorganized army which was short of food, ammunition, and uniforms, and

without hospital service. Fortunately the British did not take advantage

of the situation, and gradually the commander brought order out of

chaos. By March, 1776, Washington was prepared to make an offensive

move. Taking advantage of the fact that the British had not fortified

Dorchester Heights, on the night of March 4 colonial troops seized the

position which commanded Boston. On the seventeenth the British army,

accompanied by about a thousand Loyalists, sailed for Halifax.

Fighting in Virginia and North Carolina.--While Washington was besieging

Boston, Lord Dunmore was making reprisals along the Virginia rivers.

After the defeat of some of his Loyalist supporters at Great Bridge, the

governor caused the burning of Norfolk on January 1, 1776. North

Carolina was also torn by civil war. Governor Martin had been driven

from the colony, and from the refuge of a war vessel commissioned Donald

McDonald to collect an army of Loyalists in the central and western

counties. He also appealed to Sir Henry Clinton for aid. With a force of

sixteen hundred men McDonald marched toward the coast, but on February

27, 1776, he was met by patriot forces at Moore's Creek and his Loyalist

army was practically annihilated. When Clinton's fleet appeared off the

coast, ten thousand North Carolina militia were ready to meet him.

Clinton lingered for a time off Cape Fear and then sailed to Charleston

where he hoped to arouse the Loyalists of the coasts and the German

settlers of the interior.

Defence of Charleston.--Edward Rutledge with six thousand militia

prepared to defend the city. Colonel Moultrie, with his forces back of

rude fortifications on Sullivan's Island, made ready to defend the

harbor. On June 28 the fleet attacked. Most of the British shot buried

themselves in the palmetto logs and banks of sand from behind which

Moultrie's men poured a fire which wrought havoc on the crowded decks.

An attempt to make a landing proved a failure and Charleston was saved.

THE LOYALISTS

The people not united.--Up to 1774 the majority of Americans were not

united in opposition to British policy, but acts of violence and

retaliation, the meeting of Congress, and the organization of

revolutionary committees, brought about a rapid crystallization of

public opinion. Loyalty to Great Britain was the normal state. The Whigs

were the nullifiers and eventually the secessionists. That they were

able to perfect an organization and carry on a successful rebellion has

obscured the fact that they were in reality but an active minority. The

masses were indifferent or were loyal supporters of Great Britain. It is

impossible to estimate accurately the number of Loyalists; they varied

with localities and fluctuated with the fortunes of war. Some historians

estimate them as a third of the population, others as one-half.

The Tory element in the colonies.--The great Loyalist stronghold was New

York. There the moderate Tories had controlled the situation for several

years. They had favored the assembling of the First Continental

Congress, but when that body adopted the Association, they opposed it.

After the battle of Lexington the Whigs grew in power and succeeded in

setting up a provincial congress. But several counties remained

Loyalist, and until the occupation of New York City by British troops a

state of civil war existed in the province. After that event the British

lines furnished a refuge for Tories from all the colonies.

Next to New York Pennsylvania contained the largest Tory element. There

the Quakers, the proprietary interests, and a large German population

combined to oppose the Whig movement. In New Jersey, Maryland, and

Delaware, the Tory element was so numerous that only with the greatest

difficulty did the Whigs obtain the support of those colonies for

independence. In New England the Loyalists were not powerful. In

Massachusetts, New Hampshire, and Rhode Island they formed an

insignificant part of the population, but in the region which afterward

became the state of Vermont and in Connecticut they were numerous enough

to be a menace.

In the South, Virginia was dominated by the Whigs. The impolitic acts of

Lord Dunmore had alienated all but a small element of the population.

The Scotch merchants of Norfolk and many planters had supported the

governor, but his reprisals on the coast, his proclamation offering

freedom to negroes and indented servants who would enlist, and the

burning of Norfolk destroyed the Tory power in the province. North

Carolina, which had recently been torn by the War of the Regulators was

probably about equally divided, and in South Carolina and Georgia the

farmers and cattlemen of the interior were usually Loyalists; but the

British naval demonstrations and the defeat of Tory bands did much to

win converts to the Whig cause in the three southern colonies.

A classification of the Loyalists.--The Loyalists, or Tories as they

were called in derision, have been classified by Professor Van Tyne as

the office holders whose incomes depended upon the existing regime;

those whose friends were among the official class or who depended upon

that class for preferment; the majority of the Anglican clergy; the

conservative people of all classes, especially the wealthy merchants,

the aristocracy of culture, of dignified professions and callings, and

of hereditary wealth, and those who held office by virtue of wise

selection; the king worshipers, who were moved by theory of government

rather than by concrete facts; the legality Tories who believed that

parliament had a constitutional right to tax the colonies; the religious

Tories whose dictum was fear God and honor the king; and the factional

Tories who were influenced by family feuds and political animosities.

The religious division.--The religious factor was one of the most

important causes of division. An Anglican bishopric for the colonies had

long been contemplated and the dissenting churches believed that the

ministry was about to urge its establishment. In New England where the

Congregational church was in the ascendency and in those sections where

the Presbyterians and Baptists were powerful, the establishment of an

episcopate was especially feared. Already the Anglican church numbered

three hundred parishes in America. Throughout the colonies it was the

church of the official class and in the South it was the church of the

aristocracy. The southern Episcopalians were divided on the paramount

political questions, but in New York the religious and political parties

coincided. New York politics for many years had been factional, the De

Lanceys who were Episcopalians being leaders in invariable opposition to

the Livingstons who were Presbyterians. Both in New York and Connecticut

those of the Episcopal faith were almost invariably Loyalists.

The Tory argument.--The Tories believed in no taxation without

representation, but they differed with the Whigs in their interpretation

of the word representation. The Tories accepted the English meaning

which was based upon the idea that a man enjoyed representation not by

the fact that he had voted for a member of parliament but by his

belonging to one of the three great estates of the nation, each estate

being represented in parliament. They admitted that this was an

imperfect type of representation, but it was the ancient constitutional

type. They believed that the relationship of the colonies to the mother

country should be defined more clearly, but they did not believe that

the Whigs had a right to demand a fundamental change in the constitution

of the British Empire.

Moses Coit Tyler has pointed out that the other Tory arguments were

based upon questions of expediency, (1) Was it expedient to reject the

taxing power of parliament? (2) Was separation from the empire

expedient? The Whigs argued that parliamentary taxes might become

confiscatory. The Tories replied that parliament recognized the

principle that all parts of the empire should be taxed equitably and

justly, and that a powerful minority, which counted among its members

Fox and Burke, were bent upon protecting the colonies. The Tories could

see no reason for separation. They pointed out that until the beginning

of 1776 the Whigs had consistently disavowed the idea of independence.

Why then this sudden change? The Tories believed that concessions were

about to be made which would make separation unnecessary and

undesirable.

Persecution of the Loyalists.--After Lexington the Loyalists became

intolerable to the Whigs. They must show their allegiance to the

patriot cause or suffer the consequences. The favorite method of

persecution was tarring and feathering, but riding the Tory on the

liberty pole or ducking occurred frequently. Under the direction of the

revolutionary committees freedom of speech was suppressed and the

liberty of the press was destroyed. Any one who opposed the Association

was considered an enemy; he must agree or be persecuted. When the

Loyalists attempted to form counter associations, they were met with

stern methods of repression. Whig clergymen held conferences in Loyalist

communities to try to convert them, and obdurate places were visited by

armed bands. When the Tories attempted to arm, their leaders were

seized.

Congress attempts to control the Loyalists.--The Loyalists were lacking

in organization, and when the governors were driven from the colonies,

they lost their natural leaders. When calls for aid came from the

deposed officials, many Tories formed bands and attempted to cooeperate

with the British forces. So serious was the situation that Congress, as

early as October, 1775, recommended to the revolutionary governments

that they arrest every person who might endanger the colonies or "the

liberties of America." On December 30 a congressional committee reported

that the Tories of Tryon County, New York, had collected arms and

munitions, and that several Loyalists had enlisted in British service.

Orders were issued to General Schuyler to seize the stores, disarm the

Tories, and apprehend their leaders.

Congress extends the olive branch.--Congress hoped to win over a large

part of the Loyalists and on January 2, 1776, it passed a pacific

resolution which stated that as certain honest, well-meaning, but

uniformed people had been deceived by ministerial agents, it recommended

to the various committees and friends of American liberty to treat such

persons with kindness and attention, to view their errors as proceeding

from want of information, to explain to them the true nature of the

controversy, and to try to convince them of the justice of the American

cause. The colonial governments were instructed to frustrate the

machinations of enemies and restrain wicked practices. It was the

opinion of Congress that the more dangerous ones should be placed in

custody, and to accomplish this the local authorities were given the

right to call to their aid the continental troops.

The Queen's County Tories.--Immediately afterward Congress learned that

the Tories of Queen's County, New York, were especially troublesome.

Congress accordingly decided that they should be put outside of the

protection of the United Colonies, that all trade and intercourse with

them should cease, and that none of them should be allowed to travel or

reside outside of that county without a certificate from the

revolutionary government of New York. Violators of this provision were

to be imprisoned for three months and lawyers were forbidden to try

causes for them. Troops were sent into the county.

Disarming of the Loyalists.--A congressional committee which had under

consideration the defence of New York, on March 14 advised the disarming

of the Loyalists on Staten Island. Congress immediately ordered that

eight thousand men be sent to the defence of New York and recommendation

was made to all the colonies to disarm all persons "notoriously

disaffected to the cause of America," or who refused to associate to

defend, by arms, the United Colonies. The confiscated arms were to be

used in arming troops.

THE DECLARATION OF INDEPENDENCE

The colonies advised to form temporary governments.--Up to the beginning

of 1776 the Whigs disavowed the purpose or desire for independence. But

in spite of the view of the conservatives, Congress had been forced to

assume the direction of the war and had been called upon to advise

several of the colonies regarding the course to be pursued in organizing

their governments. In answer to an inquiry from Massachusetts, Congress

replied that no obedience was due to the parliamentary act altering the

charter, and that the governor and lieutenant-governor were to be

considered absent and the offices vacant. As there was no council, the

provincial convention was advised to write letters to the inhabitants of

the places which were entitled to representation in the assembly,

requesting them to choose representatives; and when the assembly was

chosen, it was to elect councillors, "which assembly and council should

exercise the powers of Government, until a Governor, of his Majesty's

appointment, will consent to govern the colony according to its

charter." New Hampshire was advised to call a full and free

representation of the people who might establish such a form of

temporary government as would "produce the happiness of the people and

most effectually secure peace and good order in the province" during the

dispute with Great Britain. Similar advice was given to South Carolina

and Virginia.

Paine's "Common Sense."--The attitude of the British government, the

events on the Canadian frontier and about Boston, and the burning of

Falmouth and Norfolk, fanned the flames of rebellion to a white heat.

When Tom Paine issued his pamphlet _Common Sense_, "the first open and

unqualified argument in championship of the doctrine of American

Independence," he found a receptive audience. The pamphlet held up to

scorn the idea of kingship, argued that the security and happiness of

the British people were due to their character and not to their

constitution, asserted that the British colonial system was based upon

English self-interest, and that only injuries and disadvantages would

result from continued allegiance to Great Britain. Reconciliation, Paine

argued, would result in the ruin of America, because England, ruled by

self-interest, would still be the governing power, because any

arrangement which might be obtained would be a temporary expedient, and

because nothing but independence would keep the peace of the American

continent. From every point of view, independence, he declared, was

necessary. "The period of debate is closed. Arms, as the last resort,

must decide the contest.... By referring the matter from argument to

arms, a new era for politics is struck; a new method of thinking hath

arisen. All plans, proposals, and so forth, prior to the nineteenth of

April ... are like the almanacs of last year." The pamphlet met with

immediate success. It was read throughout the colonies and convinced

thousands that independence was necessary.

The independence movement in the three southern colonies.--Early in 1776

three southern colonies took definite steps toward independence. In

February a small revolutionary group in Savannah instructed delegates to

agree to any measure for the general good which might be adopted by

Congress. In March South Carolina gave similar instructions, and on

April 12 the provincial congress of North Carolina instructed its

delegates to concur with representatives from other colonies in

declaring independence. In spite of the action of South Carolina, the

colony was probably unconvinced of the necessity of separation from

Great Britain until the Charleston hostilities.

Congress advises the colonies to suppress the authority of Great

Britain.--On May 10 Congress recommended to the various assemblies and

conventions that where no sufficient government had been established,

such governments as would best conduce to the happiness and safety of

the people and of America in general should be established. Five days

later Congress adopted a preamble to this resolution which contained the

significant statement that the exercise of every kind of authority under

the British crown should be suppressed and all the powers of government

exerted under the authority of the people of the colonies.

The German mercenaries.--On May 21 Congress received copies of the

treaties which Great Britain had made with the Duke of Brunswick, the

Landgrave of Hesse-Cassel, and the Count of Anhalt-Zerbst, by which they

agreed to furnish about seventeen thousand troops to be used against the

rebellious colonies. These treaties were immediately published and were

a potent force in bringing some of the wavering colonies to instruct

their delegates for independence.

Lee's Resolution.--In Virginia a convention was called to form a new

government, and on May 15 the Virginia delegates in Congress were

instructed to propose independence. Accordingly on June 7 Richard Henry

Lee moved in Congress "That these United Colonies are, and of right

ought to be, free and independent States, that they are absolved from

all allegiance to the British Crown, and that all political connection

between them and the State of Great Britain is, and ought to be, totally

dissolved. That it is expedient forthwith to take the most effectual

measures for forming foreign alliances. That a plan of confederation be

prepared and transmitted to the respective Colonies for their

consideration and approbation."

The debate on the resolution.--A declaration of independence at that

time was opposed by James Wilson, Robert R. Livingston, John Dickinson,

Edward Rutledge, and others. They declared that they were friends of the

measure but thought that it should be postponed until the people

demanded it. The middle colonies, they thought, "were not yet ripe for

bidding adieu to British connection, but ... were fast ripening." They

argued that a declaration which was not unanimous would cause foreign

powers either to refuse to make alliances with the colonies or to insist

upon hard terms. It was believed that a successful termination of the

New York campaign would make alliances possible on excellent terms.

John Adams, Lee, Wythe, and others argued for an immediate declaration.

They saw no reason for waiting for every colony to express itself. They

argued that a declaration of independence alone could bring about

desired alliances. Without it the colonies would never know whether or

not aid could be obtained from France or Spain. It was pointed out that

the New York campaign might not be successful and that an alliance ought

to be made while affairs bore a hopeful aspect. If an alliance were made

at once with France, she might assist in cutting off British supplies

and might divert enemy forces by an attack on the British West Indies.

It was also pointed out that an immediate alliance would assist the

people, who were in need of clothing and money.

Committees appointed.--It was decided to get the consent of the colonies

before issuing the declaration, but a committee composed of Thomas

Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R.

Livingston was appointed to prepare the document. Congress also decided

to appoint committees to formulate a plan of confederation and to draft

a form of treaties.

New England takes formal action.--The New England colonies had favored

independence for some time. They now took formal action. In May Rhode

Island instructed its delegates to agree to any acts which would hold

the colonies together. In June Massachusetts, Connecticut, and New

Hampshire instructed their delegates to support Lee's resolution.

The independence movement in the middle colonies.--The middle colonies

still stood out and Congress made great efforts to induce them to give

their support. After a hard struggle with Governor William Franklin, on

June 22 the provincial congress of New Jersey authorized its delegates

to agree to independence. Pennsylvania had been held back by the

Quakers, Germans, and proprietary interests. When the conservative

assembly refused to sanction independence, a vast crowd assembled in

Philadelphia and voiced its displeasure. The Loyalists were terrorized

and a patriot convention was formed which agreed to favor independence.

Delaware formed a new government but failed to instruct its delegates

regarding independence. In Maryland the provisional government induced

Governor Eden to leave the colony and a special convention called by the

council of safety gave the delegates the desired instructions. New York

failed to express itself in favor of the great measure.

The Declaration of Independence.--On July 1 Lee's motion was debated in

Congress, John Adams speaking for an immediate declaration of

independence and Dickinson for delay. When the debate closed, nine

states voted in the affirmative. Pennsylvania and South Carolina opposed

immediate action; the Delaware vote was a tie, and the New York

delegates were excused from voting. The final vote was postponed until

the next day. The arrival of Rodney of Delaware gave the vote of that

state for the Declaration. Dickinson and Morris did not appear and the

other delegates from Pennsylvania voted in the affirmative. The South

Carolina delegates, influenced by news that a great British fleet was

off New York, took matters in their own hands and voted for

independence. New York alone stood out.

The congressional committee had entrusted the preparation of the

Declaration to Thomas Jefferson. After it had undergone the fire of

criticism, on the evening of July 4 the document was approved by twelve

states. On the following day copies signed by President Hancock and

Secretary Thomson were sent to the various assemblies. The other

signatures were added later. Although the New York delegates had not

voted for the Declaration, on July 9 the New York provincial congress

approved it, completing the long chain of states which stretched along

the Atlantic seaboard from Nova Scotia to East Florida.

Contents of the Declaration.--This immortal document begins by setting

forth certain "self-evident truths" concerning the rights of mankind and

the nature of government. Then follow in nearly thirty paragraphs a list

of charges against King George III, and a review of the efforts of the

colonies to obtain redress. The last paragraph declares, in the

resounding words of Lee's Resolution, "That these United Colonies are,

and of right ought to be Free and Independent States; that they are

absolved from all allegiance to the British Crown, and that all

political connection between them and the State of Great Britain, is and

ought to be totally dissolved." A new nation had been born.

READINGS

MILITARY EVENTS AND THE CONTINENTAL CONGRESS

Bolton, C.K., _The Private Soldier under Washington_; Channing, Edward,

_History of the United States_, III, 155-206; Fiske, John, _The American

Revolution_, I, 100-197; Greene, F.V., _The Revolutionary War_, 1-27;

_Journals of the Continental Congress_ (Worthington C. Ford, ed.),

II-VI; Lecky, W.E.H., _History of England in the Eighteenth Century_,

III, 461-500; Smith, J.H., _Our Struggle for the Fourteenth Colony_, I,

107-165; Trevelyan, G.O., _The American Revolution_, I, 254-390; Van

Tyne, C.H., _The American Revolution_, 24-49; Winsor, Justin, _Narrative

and Critical History_, VI, 1-274; Adams, C.F., _Studies Military and

Diplomatic_, 1775-1865, pp. 1-21.

THE LOYALISTS

Flick, A.C., _Loyalism in New York_ (Columbia University, _Studies in

History_, etc., XIV, No. 1.); Tyler, M.C., "The Party of the Loyalists

in the American Revolution," in _The American Historical Review_, I,

24-45; Van Tyne, C.H., _The Loyalists in the American Revolution_;

Wallace, S., _The United Empire Loyalists_.

THE DECLARATION OF INDEPENDENCE

Friedenwald, H., _The Declaration of Independence_; Hazelton, J.H., _The

Declaration of Independence_; Trevelyan, G.O., _The American

Revolution_, II, 133-171; Van Tyne, C.H., _The American Revolution_,

50-101; Becker, C.L., _The Eve of the Revolution_, 200-256.

CHAPTER XXV

THE STRUGGLE FOR THE MUDDLE STATES (1776-1777)

THE CONTEST FOR NEW YORK

Preparations to defend New York.--After the evacuation of Boston it was

realized that New York would be a probable point of attack and great

exertions were made to put it in a state of defence. Washington arrived

on April 13, 1776; his troops, delayed by bad roads, came straggling in,

and new levies began to arrive, the army being gradually augmented until

it numbered about twenty thousand men. But the effective fighting force

was several thousand less, for disease was ever present. Furthermore the

raw recruits were poorly trained and equipped, and there were not enough

artillerymen to man the batteries. The only cavalrymen who appeared were

a small force from Connecticut and these, for reasons best known to

himself, Washington did not retain in service. The defences were

strengthened by works at Paulus Hook on the Jersey shore, and others on

Governor's Island and at Red Hook on Long Island. Eleven redoubts were

erected on Manhattan Island along the battery and up to a point opposite

Hell Gate, and the hamlet of Brooklyn was fortified with seven redoubts.

Obstructions were placed in the Hudson and a second line of defence was

established at Forts Washington and Lee. Many historians point out that

New York should have been abandoned, for Washington's army was too small

to cope with the British, the Tories were certain to keep the enemy

informed of the movements, the defences were not powerful enough to

control the water approaches, and an active enemy could run by the

defenses and land troops in the rear of the American army. To make the

situation worse, the line of hills on Long Island, known as Brooklyn

Heights, commanded New York. To occupy them it was necessary to divide

the army, and in case of defeat, the defenders would be separated by a

difficult channel from the main army on Manhattan Island. As Trevelyan

observes, Washington "placed, and kept, his troops in a position where

they were certain to be defeated, and where, when defeated, they would

most probably be surrounded and destroyed."

The British plan.--The British government hoped to annihilate the armies

and cut off New England from the other colonies. By occupying New York

and sending converging armies, one from the north, the other up the

Hudson, the government believed that it could accomplish its purpose.

Large reinforcements were sent to Quebec, and during July and August,

1776, British forces were concentrated on Staten Island and a great

fleet assembled. The first forces to arrive at New York were those under

General Howe which he brought from Halifax. Large reinforcements under

Admiral Lord Howe and forces under Clinton and Cornwallis augmented the

army until it numbered about thirty thousand men.

An attempt at conciliation.--Lord Howe hoped that peace could be made,

and soon after his arrival, he addressed a letter to "George Washington,

Esquire," but the epistle, which failed to recognize the position of the

commander-in-chief, was returned. A personal envoy from Lord Howe also

met with a rebuff. The British admiral had prepared a circular letter to

several of the royal governors setting forth his authority as

commissioner and stating the conciliatory terms sanctioned by the

cabinet. These contained a mere promise of pardon to those who returned

to allegiance and assisted in the restoration of tranquillity. In fact

John Adams was marked out for a halter, but this was not divulged. The

letters fell into the hands of Congress which ordered that they be

published "that the good people of these United States may be informed

of what nature are the commissioners, and what the terms, with the

expectation of which, the insidious court of Britain has endeavoured to

amuse and disarm them...."

Battle of Long Island.--General Howe finally decided to attack the

American position on Long Island. On the twenty-second and twenty-third

of August twenty thousand troops and forty cannon were disembarked at

Gravesend Bay, six or seven miles south of Brooklyn, but not until the

evening of the twenty-sixth did the British advance. Washington had been

misinformed as to the size of the landing force and had stationed only

nine thousand men on Long Island. These were under General Nathanael

Greene, but stricken by illness, he was forced to retire from the

command on August 23, and Sullivan who succeeded him was superseded by

Putnam on the twenty-fifth. Washington spent the twenty-sixth on the

island and superintended the disposition of the forces.

The chief line of defence was the densely wooded Brooklyn Heights which

were crossed by several roads. One ran up from Gravesend near the coast;

four miles to the eastward two wagon roads from Flatbush penetrated the

heights; three miles farther east a highway ran from the village of

Jamaica. About five thousand men were sent to defend the Gravesend and

Flatbush roads but Jamaica Pass was neglected. The British frontal

attacks met with stubborn resistance from the forces of Stirling and

Sullivan, but their valor was useless for a large British force pushed

along the Jamaica road and got in the rear of the American positions. A

portion of the army succeeded in getting back to the Brooklyn

intrenchments, but Sullivan and Stirling with about eleven hundred men

were captured and several hundred were killed.

The withdrawal from Brooklyn.--Howe, who remembered the disastrous

frontal attack at Bunker Hill, decided not to attack the Brooklyn

defences until supported by the fleet, which was held back by an adverse

wind. His caution saved the American army. Washington saw that Brooklyn

was untenable and he secretly planned to evacuate it. A brave show of

force was made by bringing over three regiments and by keeping up a

fusillade while water craft were being collected. Favored by a

subsidence of the storm and by a fog, during the night of the

twenty-ninth the entire army was successfully withdrawn.

Harlem.--After the battle of Long Island the British commissioners made

overtures to Congress and a committee composed of Franklin, Edward

Rutledge, and John Adams went to Staten Island for a conference, but it

failed completely. There was nothing to do but to fight it out. That

Manhattan Island should have been abandoned immediately after the defeat

at Brooklyn Heights has been maintained by strategists, but Congress

hesitated to evacuate New York City and Washington does not appear to

have insisted upon a withdrawal. As Trevelyan observes, "It is equally

difficult to explain satisfactorily why Howe was so long about

landing..., and why Washington was so slow in evacuating the city." On

September 10 Hancock informed Washington that Congress did not desire to

have him hold the city longer than he thought proper. Washington

immediately acted. The removal of stores was hastened and most of the

troops were withdrawn to Harlem Heights about halfway up the island, but

Putnam was left in the city with some infantry and artillery, and five

brigades were posted at points along the eastern shore. Not until

September 13 did the British begin the movement for the occupation of

Manhattan Island. On that day and the next several war vessels moved up

into the East River and at eleven o'clock on the morning of the

fifteenth British forces landed at Kip's Bay. There the American troops

disgraced themselves by slight resistance followed by a confused flight.

Howe neglected to follow up his initial success; had he done so he could

have cut off the garrison of New York, but his procrastination allowed

Putnam's force to rejoin the main army. Not until four in the afternoon

did the British commence "a stately progress northward" and not until

the next morning did they attack the American position. This time

Washington's troops behaved well and the British were checked.

White Plains.--For four weeks the British army remained in front of the

American position at Harlem. Howe finally decided upon his plan of

campaign; leaving a force to protect New York City, on October 12 he

moved his main army to the Westchester Peninsula with the object of

getting on the flank and rear of the American army, and cutting off its

supplies from the east; war ships were sent up the Hudson to cut off a

retreat into New Jersey. After his landing on the peninsula Howe's

movements were very slow and it was not until October 25 that he took up

a position a few miles south of White Plains, The dilatory movement had

given Washington the opportunity of moving his army to the mainland, and

when Howe finally arrived near White Plains, he found the American army

blocking his advance.

The British commander had just been heavily reinforced and his

overwhelming army should have made short work of Washington's forces,

but again Howe failed to win a decisive victory. On October 28 he

ordered a general engagement and the first assault drove in the American

outposts. A mile to the west of the main position was Chatterton's Hill

which was held by fourteen hundred men. Against this hill Howe sent

eight regiments. Five which advanced for a frontal attack were checked

and the defenders only retired when outflanked by the other three. A

general engagement did not develop and on October 31 Washington retired

to a line of heights somewhat back of his former position.

[Illustration: Northern New Jersey, New York and Its Environs during the

Revolution (Based on map in G.O. Trevelyan, _The American Revolution_,

Part II, Vol. I, at end).]

The withdrawal from Quebec.--While Washington's army rested at White

Plains, heartening news came from the north; and especially good news it

was, for during the summer the reports from the Canadian border had been

filled with stories of defeat and distress. Congress had made great

efforts to reinforce the army before Quebec, but on May 1 when General

Thomas arrived to take command, he had found less than two thousand men

assembled and half of them were in the hospitals. Within a week the

first British reinforcements arrived and Carleton took the offensive.

Thomas was forced to fall back to Sorel and the Americans were driven

from their camp near Montreal.

The army falls back to Crown Point.--On June 5 General John Sullivan

arrived at Sorel with three thousand troops. As Thomas had died of the

smallpox Sullivan took command. He determined to attack Three Rivers but

the surprise failed and his troops were routed. On June 14 an English

fleet carrying Carleton's army came up the river. Sullivan immediately

broke up his camp and retired to Crown Point, where for the time being

he was out of reach of the enemy, for Carleton's vessels were of too

deep draft to navigate the Sorel River. But disease proved to be more

dangerous than the British, for smallpox and dysentery carried off the

men by hundreds.

Ticonderoga becomes the base.--General Philip Schuyler was in command of

the northern department with headquarters at Albany and General Horatio

Gates was now in charge at Crown Point. In July Gates withdrew most of

the depleted force to Ticonderoga. Large numbers of troops were sent

north so that by August the garrison numbered thirty-five hundred.

Arnold equipped a fleet of small vessels which he hoped would delay if

it would not check the British advance.

Valcour Island.--During the summer Carleton's shipyard at St. Johns was

busy building the fleet which would give him control of Lake Champlain.

On October 4 Carleton advanced with an army of twelve thousand men.

Arnold started with his fleet manned by only five hundred men to harass

the advance. He ran into the narrow channel between Valcour Island and

the western shore and there on October 11 encountered the light advance

craft of the British fleet. For five hours he held his own. During the

night he withdrew his shattered boats to an island twelve miles to the

south where he attempted to repair the damage. On October 13 when the

fog lifted, it disclosed the British fleet. Arnold immediately sent off

his best vessels and with his crippled ships stayed to fight. One vessel

struck its colors but Arnold ran his flag ship and four gondolas into a

creek and burned them. He then hastened to Ticonderoga where he

displayed tremendous energy in strengthening the fortifications. The

spirited fight on the lake, the strength of the American position, and

the lateness of the season convinced Carleton that it was useless to

continue the operations. On November 3 he evacuated Crown Point and

began the withdrawal to Canada. Washington was thus relieved from the

danger of an enemy from the north.

Tactical movements.--Before he was aware of Carleton's withdrawal, Howe

had determined to force Washington's army into the open. He sent a force

of Hessians to occupy the northern end of Manhattan Island and on

November 5 moved his main army to Dobb's Ferry on the Hudson, from which

vantage point he could strike at Fort Washington, advance toward Albany,

or threaten Philadelphia. Washington's position was endangered and the

situation was made doubly precarious by the fact that his army was being

depleted by desertions and by the termination of enlistments. To

counteract the British movement he sent one corps to Hackensac in New

Jersey, and Heath's division was stationed at Peekskill to protect the

Hudson. Charles Lee was left at White Plains with about seven thousand

men subject to future orders.

Forts Washington and Lee.--The British moved next against Forts

Washington and Lee, which, garrisoned by about five thousand men, were

under the supervision of General Greene. They ought to have been

abandoned, but Washington unfortunately left the decision to his

subordinate who believed that they could be held. On November 16

overwhelming forces advanced against Fort Washington which was obliged

to surrender. Cornwallis secretly sent six thousand troops across the

Hudson and on November 20 advanced against Fort Lee. He all but

surprised it and Greene, with the greatest difficulty, succeeded only in

saving the garrison.

THE NEW JERSEY CAMPAIGN

Retreat to the Raritan.--The fall of the forts had added greatly to the

difficulty of the situation, for Washington's army was in danger of

being enveloped. To avert disaster he determined to retreat into New

Jersey. He accordingly crossed the Passaic and moved to Newark. The

forces under Lee were ordered to join the retreating army, but that vain

and conceited officer, who had visions of becoming commander-in-chief as

soon as Washington was eliminated, refused to obey orders. On November

28 Washington marched out of Newark and as his rear guard left the town

the advanced guard of the British entered it. The American army pushed

on to New Brunswick where it found a temporary haven behind the Raritan.

On December 1 Cornwallis's troops reached the river, but there he was

halted by an order from Howe not to advance until he arrived with

reinforcements.

Expedition against Rhode Island.--A week later Howe came up with a

single brigade. Instead of concentrating his troops to crush the remnant

of Washington's army, the British commander decided to send two

divisions to conquer Rhode Island. They easily occupied the island but

it was a fruitless venture for "several thousand Royal troops were

thenceforward locked up in a sea-girt strip of land no larger than the

estate of many an English Lord-Lieutenant."

Retreat across the Delaware.--Washington's army was constantly reduced

by desertion and sickness, and the New Jersey people failed to rally to

his assistance. It has been estimated that not a hundred men enlisted

during the retreat across the state. The people of New Jersey paid

dearly for their indifference, for during the winter they were

constantly subjected to indignities from the Hessians who were billeted

upon them. Among the atrocious acts was the pillaging of Princeton

College. Taking advantage of British inactivity, Washington prepared to

retire beyond the Delaware, from New Brunswick having ordered the

collection of boats for many miles along the river front. Covering his

retreat with fourteen hundred of his best troops under Stirling, the

army and stores were landed on the Pennsylvania shore. When the British

troops arrived on the eastern bank, they were forced to halt, for not a

boat was available and the short-sighted Howe had failed to provide his

army with pontoons.

To the British commander the campaign was over and he prepared to go

into winter quarters, fancying that the rebellion was practically

crushed and that the spring campaign would be a mere parade. The Whig

use appeared to be lost and gloomy forebodings and grumblings of

discontent took the place of declamation and heroics. On December 10

Congress resolved to defend Philadelphia but two days later it adjourned

and hied away to Baltimore. Washington's lack of authority had

frequently hampered his military operations, but this difficulty was now

removed, for before adjournment Congress resolved, that until otherwise

ordered, Washington was to have full power to direct operations.

Washington's army reinforced.--The dispirited army which crossed the

Delaware was soon strongly reinforced. After many days of inaction,

General Lee had left his camp at White Plains with the intention, as he

grandiloquently put it, of reconquering New Jersey. After the retreat of

Carleton, Schuyler had sent seven battalions under Sullivan to assist

Washington, but Lee succeeded in getting control of four of them. On

December 13 he was captured at a tavern at Baskingridge. As soon as

Sullivan heard of it, he started the troops for the Delaware and on the

twentieth of December joined Washington. Four other battalions from

Schuyler's army arrived shortly afterward and General Mifflin brought in

a goodly body of Pennsylvania militia. Before Christmas the army

numbered eight thousand.

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