CHAPTER III THE RIGHTS OF A NATION

British subjects, by removing to America, cultivating a wilderness,

extending the domain, and increasing the wealth, commerce, and power

of the mother country, at the hazard of their lives and fortunes, ought

not, and in fact do not thereby lose their native rights.--Benjamin

Franklin.

It was the misfortune of Grenville that this "interweaving," as Pownall

described it, should have been undertaken at a most inopportune time,

when the very conditions which made Englishmen conscious of the burden

of empire were giving to Americans a new and highly stimulating sense

of power and independence. The marvelous growth of the colonies in

population and wealth, much commented upon by all observers and asserted

by ministers as one principal reason why Americans should pay taxes,

was indeed well worth some consideration. A million and a half of people

spread over the Atlantic seaboard might be thought no great number; but

it was a new thing in the world, well worth noting--which had in fact

been carefully noted by Benjamin Franklin in a pamphlet on The Increase

of Mankind, Peopling of Countries, etc.--that within three-quarters of

a century the population of the continental colonies had doubled every

twenty-five years, whereas the population of Old England during a

hundred years past had not doubled once and now stood at only some six

and a half millions. If this should go on--and, considering the immense

stretches of free land beyond the mountains, no one could suppose that

the present rate of increase would soon fall off--it was not unlikely

that in another century the center of empire, following the course of

the sun, would come to rest in the New World. With these facts in mind,

one might indeed say that a people with so much vitality and expansive

power was abundantly able to pay taxes; but perhaps it was also a fair

inference, if any one was disposed to press the matter, that, unless it

was so minded, such a people was already, or assuredly soon would be,

equally able not to pay them.

People in new countries, being called provincial, being often told in

effect that having made their bed they may lie in it, easily maintain

their self-respect if they are able to say that the bed is indeed a very

comfortable one. If, therefore, Americans had been given to boasting,

their growing wealth was not, any more than their increasing numbers, a

thing to be passed over in silence. In every colony the "starving time,"

even if it had ever existed, was now no more than an ancient tradition.

"Every man of industry has it in his power to live well," according to

William Smith of New York, "and many are the instances of persons who

came here distressed in their poverty who now enjoy easy and plentiful

fortunes." If Americans were not always aware that they were rich men

individually, they were at all events well instructed, by old-world

visitors who came to observe them with a certain air of condescension,

that collectively at least their material prosperity was a thing to be

envied even by more advanced and more civilized peoples. Therefore any

man called upon to pay a penny tax and finding his pocket bare might

take a decent pride in the fact, which none need doubt since foreigners

like Peter Kalm found it so, that "the English colonies in this part of

the world have increased so much in ... their riches, that they almost

vie with old England."

That the colonies might possibly "vie with old England," was a notion

which good Americans could contemplate with much equanimity; and even if

the Swedish traveler, according to a habit of travelers, had stretched

the facts a point or two, it was still abundantly clear that the

continental colonies were thought to be, even by Englishmen themselves,

of far greater importance to the mother country than they had formerly

been. Very old men could remember the time when English statesmen and

economists, viewing colonies as providentially designed to promote the

increase of trade, had regarded the northern colonies as little better

than heavy incumbrances on the Empire, and their commerce scarcely worth

the cost of protection. It was no longer so; it could no longer be said

that two-thirds of colonial commerce was with the tobacco and sugar

plantations, or that Jamaica took off more English exports than the

middle and northern colonies combined; but it could be said, and was now

being loudly proclaimed--when it was a point of debate whether to keep

Canada or Guadeloupe--that the northern colonies had already outstripped

the islands as consumers of English commodities.

Of this fact Americans themselves were well aware. The question whether

it was for the interest of England to keep Canada or Guadeloupe, which

was much discussed in 1760, called forth the notable pamphlet from

Franklin, entitled The Interest of Great Britain Considered, in which

he arranged in convenient form for the benefit of Englishmen certain

statistics of trade. From these statistics it appeared that, whereas

in 1748 English exports to the northern colonies and to the West Indies

stood at some £830,000 and £730,000 respectively, ten years later the

exports to the West Indies were still no more than £877,571 while those

to the northern colonies had advanced to nearly two millions. Nor was

it likely that this rate of increase would fall off in the future. "The

trade to our northern colonies," said Franklin, "is not only greater but

yearly increasing with the increase of the people.... The occasion for

English goods in North America, and the inclination to have and use

them, is and must be for ages to come, much greater than the ability

of the people to buy them." For English merchants the prospect was

therefore an inviting one; and if Canada rather than Guadeloupe was kept

at the close of the war, it was because statesmen and economists were

coming to estimate the value of colonies in terms of what they could

buy, and not merely, as of old, in terms of what they could sell. From

this point of view, the superiority of the continental over the

insular colonies was not to be doubted. Americans might well find great

satisfaction in this disposition of the mother country to regard her

continental colonies so highly and to think their trade of so much

moment to her; all of which, nevertheless, doubtless inclined them

sometimes to speculate on the delicate question whether, in case they

were so important to the mother country, they were not perhaps more

important to her than she was to them.

The consciousness of rapidly increasing material power, which was

greatly strengthened by the last French war, did nothing to dull the

sense of rights, but it was, on the contrary, a marked stimulus to

the mind in formulating a plausible, if theoretical, justification of

desired aims. Doubtless no American would say that being able to pay

taxes was a good reason for not paying them, or that obligations

might rightly be ignored as soon as one was in a position to do so

successfully; but that he should not "lose his native rights" any

American could more readily understand when he recalled that his

ancestors had without assistance from the mother country transformed a

wilderness into populous and thriving communities whose trade was now

becoming indispensable to Britain. Therefore, in the summer of 1764,

before the doctrine of colonial rights had been very clearly stated

or much refined, every American knew that the Sugar Act and also the

proposed Stamp Act were grievously burdensome, and that in some way or

other and for reasons which he might not be able to give with precision,

they involved an infringement of essential English liberties. Most men

in the colonies, at this early date, would doubtless have agreed with

the views expressed in a letter written to a friend in England by Thomas

Hutchinson of Boston, who was later so well hated by his compatriots for

not having changed his views with the progress of events.

The colonists [said Hutchinson] claim a power of making laws, and

a privilege of exemption from taxes, unless voted by their own

representatives.... Nor are the privileges of the people less affected

by duties laid for the sake of the money arising from them than by an

internal tax. Not one tenth part of the people of Great Britain have a

voice in the elections to Parliament; and, therefore, the colonies can

have no claim to it; but every man of property in England may have his

voice, if he will. Besides, acts of Parliament do not generally affect

individuals, and every interest is represented. But the colonies have

an interest distinct from the interest of the nation; and shall the

Parliament be at once party and judge? ...

The nation treats her colonies as a father who should sell the services

of his sons to reimburse him what they had cost him, but without the

same reason; for none of the colonies, except Georgia and Halifax,

occasioned any charge to the Crown or kingdom in the settlement of

them. The people of New England fled for the sake of civil and religious

liberty; multitudes flocked to America with this dependence, that their

liberties should be safe. They and their posterity have enjoyed them to

their content, and therefore have endured with greater cheerfulness all

the hardships of settling new countries. No ill use has been made

of these privileges; but the domain and wealth of Great Britain have

received amazing addition. Surely the services we have rendered the

nation have not subjected us to any forfeitures.

I know it is said the colonies are a charge to the nation, and they

should contribute to their own defense and protection. But during the

last war they annually contributed so largely that the Parliament was

convinced the burden would be insupportable; and from year to year made

them compensation; in several of the colonies for several years together

more men were raised, in proportion, than by the nation. In the trading

towns, one fourth part of the profit of trade, besides imposts and

excise, was annually paid to the support of the war and public charges;

in the country towns, a farm which would hardly rent for twenty pounds

a year, paid ten pounds in taxes. If the inhabitants of Britain had paid

in the same proportion, there would have been no great increase in the

national debt.

Nor is there occasion for any national expense in America. For one

hundred years together the New England colonies received no aid in their

wars with the Indians, assisted by the French. Those governments now

molested are as able to defend their respective frontiers; and had

rather do the whole of it by a tax of their own raising, than pay their

proportion in any other way. Moreover, it must be prejudicial to the

national interest to impose parliamentary taxes. The advantages promised

by an increase of the revenue are all fallacious and delusive. You will

lose more than you will gain. Britain already reaps the profit of all

their trade, and of the increase of their substance. By cherishing their

present turn of mind, you will serve your interest more than by your

present schemes.

Thomas Hutchinson, or any other man, might write a private letter

without committing his country, or, with due caution to his

correspondent, even himself; but for effective public and official

protest the colonial assemblies were the proper channels, and very

expert they were in the business, after having for half a century and

more devoted themselves with singleness of purpose to the guardianship

of colonial liberties. Until now, liberties had been chiefly threatened

by the insidious designs of colonial governors, who were for the most

part appointed by the Crown and very likely therefore to be infected

with the spirit of prerogative than which nothing could be more

dangerous, as everyone must know who recalled the great events of the

last century. With those great events, the eminent men who directed the

colonial assemblies--heads or scions or protégés of the best families in

America, men of wealth and not without reading--were entirely familiar;

they knew as well as any man that the liberties of Englishmen had been

vindicated against royal prerogative only by depriving one king of his

head and another of his crown; and they needed no instruction in the

significance of the "glorious revolution," the high justification of

which was to be found in the political gospel of John Locke, whose

book they had commonly bought and conveniently placed on their library

shelves.

More often than not, it is true, colonial governors were but ordinary

Englishmen with neither the instinct nor the capacity for tyranny,

intent mainly upon getting their salaries paid and laying by a

competence against the day when they might return to England. But if

they were not kings, at least they had certain royal characteristics;

and a certain flavor of despotism, clinging as it were to their official

robes and reviving in sensitive provincial minds the memory of bygone

parliamentary battles, was an ever-present stimulus to the eternal

vigilance which was well known to be the price of liberty.

And so, throughout the eighteenth century, little colonial aristocracies

played their part, in imagination clothing their governors in the

decaying vesture of old-world tyrants and themselves assuming the

homespun garb, half Roman and half Puritan, of a virtuous republicanism.

Small matters were thus stamped with great character. To debate a point

of procedure in the Boston or Williamsburg assembly was not, to be sure,

as high a privilege as to obstruct legislation in Westminster; but men

of the best American families, fashioning their minds as well as their

houses on good English models, thought of themselves, in withholding a

governor's salary or limiting his executive power, as but reënacting

on a lesser stage the great parliamentary struggles of the seventeenth

century. It was the illusion of sharing in great events rather than any

low mercenary motive that made Americans guard with jealous care their

legislative independence; a certain hypersensitiveness in matters of

taxation they knew to be the virtue of men standing for liberties which

Englishmen had once won and might lose before they were aware.

As a matter of course, therefore, the colonial assemblies protested

against the measures of Grenville. The General Court of Massachusetts

instructed its agent to say that the Sugar Act would ruin the New

England fisheries upon which the industrial prosperity of the northern

colonies depended. What they would lose was set down with some care, in

precise figures: the fishing trade, "estimated at £164,000 per annum;

the vessels employed in it, which would be nearly useless, at £100,000;

the provisions used in it, the casks for packing fish, and other

articles, at £22,700 and upwards: to all which there was to be added the

loss of the advantage of sending lumber, horses, provisions, and other

commodities to the foreign plantations as cargoes, the vessels employed

to carry the fish to Spain and Portugal, the dismissing of 5,000 seamen

from their employment," besides many other losses, all arising from

the very simple fact that the British islands to which the trade of

the colonies was virtually confined by the Sugar Act could furnish no

sufficient market for the products of New England, to say nothing of the

middle colonies, nor a tithe of the molasses and other commodities now

imported from the foreign islands in exchange.

Of the things taken in exchange, silver, in coin and bullion, was not

the least important, since it was essential for the "remittances to

England for goods imported into the provinces," remittances which during

the last eighteen months, it was said, "had been made in specie to

the amount of £150,000 besides £90,000 in Treasurer's bills for the

reimbursement money." Any man must thus see, since even Governor Bernard

was convinced of it, that the new duties would drain the colony of all

its hard money, and so, as the Governor said, "There will be an end of

the specie currency in Massachusetts." And with her trade half gone and

her hard money entirely so, the old Bay colony would have to manufacture

for herself those very commodities which English merchants were so

desirous of selling in America.

The Sugar Act was thus made out to be, even from the point of view of

English merchants, an economic blunder; but in the eyes of vigilant

Bostonians it was something more, and much worse than an economic

blunder. Vigilant Bostonians assembled in Town Meeting in May, 1764, in

order to instruct their representatives how they ought to act in these

serious times; and knowing that they ought to protest but perhaps not

knowing precisely on what grounds, they committed the drafting of their

instructions to Samuel Adams, a middle-aged man who had given much time

to the consideration of political questions, and above all to this very

question of taxation, upon which he had wonderfully clarified his ideas

by much meditation and the writing of effective political pieces for the

newspapers.

Through the eyes of Samuel Adams, therefore, vigilant Bostonians saw

clearly that the Sugar Act, to say nothing of the Stamp Act, was not

only an economic blunder but a menace to political liberty as well. "If

our trade may be taxed," so the instructions ran, "why not our lands?

Why not the produce of our lands, and everything we possess or make use

of? This we apprehend annihilates our charter right to govern and tax

ourselves. It strikes at our British privileges which, as we have never

forfeited them, we hold in common with our fellow-subjects who are

natives of Great Britain. If taxes are laid upon us in any shape without

our having a legal representative where they are laid, are we not

reduced from the character of free subjects to the miserable state of

tributary slaves?" Very formidable questions, couched in high-sounding

phrases, and representing well enough in form and in substance the state

of mind of colonial assemblies in the summer of 1764 in respect to the

Sugar Act and the proposed Stamp Act.

Yet these resounding phrases doubtless meant something less to Americans

of 1764 than one is apt to suppose. The rights of freemen had so often,

in the proceedings of colonial assemblies as well as in the newspaper

communications of many a Brutus and Cato, been made to depend upon

withholding a governor's salary or defining precisely how he should

expend a hundred pounds or so, that moderate terms could hardly be

trusted to cope with the serious business of parliamentary taxation.

"Reduced from the character of free subjects to the miserable state

of tributary slaves" was in fact hardly more than a conventional and

dignified way of expressing a firm but entirely respectful protest.

The truth is, therefore, that while everyone protested in such spirited

terms as might occur to him, few men in these early days supposed the

new laws would not take effect, and fewer still counseled the right

or believed in the practicability of forcible resistance. "We yield

obedience to the act granting duties," declared the Massachusetts

Assembly. "Let Parliament lay what duties they please on us," said James

Otis; "it is our duty to submit and patiently bear them till they be

pleased to relieve us." Franklin assured his friends that the passage

of the Stamp Act could not have been prevented any more easily than the

sun's setting, recommended that they endure the one mischance with the

same equanimity with which they faced the other necessity, and even saw

certain advantages in the way of self-discipline which might come of

it through the practice of a greater frugality. Not yet perceiving the

dishonor attaching to the function of distributing stamps, he did

his two friends, Jared Ingersoll of Connecticut and John Hughes of

Pennsylvania, the service of procuring for them the appointment to the

new office; and Richard Henry Lee, as good a patriot as any man and

therefore of necessity at some pains later to explain his motives in the

matter, applied for the position in Virginia.

Richard Henry Lee was no friend of tyrants, but an American freeman,

less distinguished as yet than his name, which was a famous one and not

without offense to be omitted from any list of the Old Dominion's "best

families." The best families of the Old Dominion, tide-water tobacco

planters of considerable estates, admirers and imitators of the minor

aristocracy of England, took it as a matter of course that the political

fortunes of the province were committed to their care and for many

generations had successfully maintained the public interest against the

double danger of executive tyranny and popular licentiousness. It

is therefore not surprising that the many obscure freeholders, minor

planters, and lesser men who filled the House of Burgesses had followed

the able leadership of that little coterie of interrelated families

comprising the Virginia aristocracy. John Robinson, Speaker of the House

and Treasurer of the colony, of good repute still in the spring of 1765,

was doubtless the head and front of this aristocracy, the inner circle

of which would also include Peyton Randolph, then King's Attorney, and

Edmund Pendleton, well known for his cool persuasiveness in debate, the

learned constitutional lawyer, Richard Bland, the sturdy and honest but

ungraceful Robert Carter Nicholas, and George Wythe, noblest Roman of

them all, steeped in classical lore, with the thin, sharp face of a

Cæsar and for virtuous integrity a very Cato. Conscious of their English

heritage, they were at once proud of their loyalty to Britain

and jealous of their well-won provincial liberties. As became

British-American freemen, they had already drawn a proper Memorial

against the Sugar Act and were now, as they leisurely gathered at

Williamsburg in the early weeks of May, 1765, unwilling to protest again

at present, for they had not as yet received any reply to their former

dignified and respectful petition.

To this assembly of the burgesses in 1765, there came from the

back-country beyond the first falls of the Virginia rivers, the frontier

of that day, many deputies who must have presented, in dress and manners

as well as in ideas, a sharp contrast to the eminent leaders of the

aristocracy. Among them was Thomas Marshall, father of a famous son, and

Patrick Henry, a young man of twenty-nine years, a heaven-born orator

and destined to be the leader and interpreter of the silent "simple

folk" of the Old Dominion. In Hanover County, in which this tribune of

the people was born and reared and which he now represented, there were,

as in all the back-country counties, few great estates and few slaves,

no notable country-seats with pretension to architectural excellence,

no modishly dressed aristocracy with leisure for reading and the

cultivation of manners becoming a gentleman. Beyond the tide-water, men

for the most part earned their bread by the sweat of their brows, lived

the life and esteemed the virtues of a primitive society, and braced

their minds with the tonic of Calvin's theology--a tonic somewhat

tempered in these late enlightened days by a more humane philosophy and

the friendly emotionalism of simple folk living close to nature.

Free burgesses from the back-country, set apart in dress and manners

from the great planters, less learned and less practiced in oratory and

the subtle art of condescension and patronage than the cultivated men

of the inner circle, were nevertheless staunch defenders of liberty and

American rights and were perhaps beginning to question, in these days of

popular discussion, whether liberty could very well flourish among men

whose wealth was derived from the labor of negro slaves, or be well

guarded under all circumstances by those who, regarding themselves as

superior to the general run of men, might be in danger of mistaking

their particular interests for the common welfare. And indeed it

now seemed that these great men who sent their sons to London to be

educated, who every year shipped their tobacco to England and bought

their clothes of English merchants with whom their credit was always

good, were grown something too timid, on account of their loyalty to

Britain, in the great question of asserting the rights of America.

Jean Jacques Rousseau would have well understood Patrick Henry, one of

those passionate temperaments whose reason functions not in the service

of knowledge but of good instincts and fine emotions; a nature to be

easily possessed of an exalted enthusiasm for popular rights and for

celebrating the virtues of the industrious poor. This enthusiasm in the

case of Patrick Henry was intensified by his own eloquence, which had

been so effectively exhibited in the famous Parson's Cause, and in

opposition to the shady scheme which the old leaders in the House of

Burgesses had contrived to protect John Robinson, the Treasurer, from

being exposed to a charge of embezzlement. Such courageous exploits,

widely noised abroad, had won for the young man great applause and had

got him a kind of party of devoted followers in the back-country and

among the yeomanry and young men throughout the province, so that to

take the lead and to stand boldly forth as the champion of liberty

and the submerged rights of mankind seemed to Patrick Henry a kind of

mission laid upon him, in virtue of his heavenly gift of speech, by that

Providence which shapes the destinies of men.

It was said that Mr. Henry was not learned in the law; but he had read

in Coke upon Littleton that an Act of Parliament against Magna Carta,

or common right, or reason, is void--which was clearly the case of the

Stamp Act. On the flyleaf of an old copy of that book this unlearned

lawyer accordingly wrote out some resolutions of protest which he showed

to his friends, George Johnston and John Fleming, for their approval.

Their approval once obtained, Mr. Johnston moved, with Mr. Henry as

second, that the House of Burgesses should go into committee of the

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

the resolutions ... charging certain Stamp Duties in the colonies";

which was accordingly done on the 29th of May, upon which day Mr. Henry

presented his resolutions.

The 29th of May was late in that session of the Virginia House of

Burgesses; and most likely the resolutions would have been rejected if

some two-thirds of the members, who knew nothing of Mr. Henry's plans

and supposed the business of the Assembly finished, had not already gone

home. Among those who had thus departed, it is not likely that there

were many of Patrick Henry's followers. Yet even so there was much

opposition. The resolutions were apparently refashioned in committee of

the whole, for a preamble was omitted outright and four "Resolves"

were made over into five which were presented to the House on the day

following.

Young Mr. Jefferson, at that time a law student and naturally much

interested in the business of lawmaking, heard the whole of this day's

famous debate from the door of communication between the House and the

lobby. The five resolutions, he afterwards remembered, were "opposed by

Randolph, Bland, Pendleton, Nicholas, Wythe, and all the old members,

whose influence in the House had, till then, been unbroken; ... not from

any question of our rights, but on the ground that the same sentiments

had been, at their preceding session, expressed in a more conciliatory

form, to which the answers were not yet received. But torrents of

sublime eloquence from Mr. Henry, backed by the solid reasoning of

Johnston, prevailed." It was in connection with the fifth resolution,

upon which the debate was "most bloody," that Patrick Henry is said to

have declared that "Tarquin and Cæsar had each his Brutus, Charles

the First his Cromwell, and George the Third--"; upon which cries of

"Treason" were heard from every part of the House. Treason or not, the

resolution was carried, although by one vote only; and the young law

student standing at the door of the House heard Peyton Randolph say,

as he came hastily out into the lobby: "By God, I would have given 500

guineas for a single vote." And no doubt he would, at that moment, being

then much heated.

Next day Mr. Randolph was probably much cooler; and so apparently were

some others who, in the enthusiasm of debate and under the compelling

eye of Patrick Henry, had voted for the last defiant resolution.

Thinking the matter settled, Patrick Henry had already gone home "to

recommend himself to his constituents," as his enemies thought, "by

spreading treason."

But the matter was not yet settled. Early on that morning of the 31st,

before the House assembled, the young law student who was so curious

about the business of lawmaking saw Colonel Peter Randolph, of his

Majesty's Council, standing at the Clerk's table, "thumbing over the

volumes of journals to find a precedent for expunging a vote of the

House." Whether the precedent was found the young law student did not

afterwards recollect; but it is known that on motion of Peyton Randolph

the fifth resolution was that day erased from the record. Mr. Henry was

not then present. He had been seen, on the afternoon before, "passing

along the street, on his way to his home in Louisa, clad in a pair of

leather breeches, his saddle-bags on his arm, leading a lean horse."

The four resolutions thus adopted as the deliberate and formal protest

of the Old Dominion were as mild and harmless as could well be. They

asserted no more than that the first adventurers and settlers of

Virginia brought with them and transmitted to their posterity all the

privileges at any time enjoyed by the people of Great Britain; that

by two royal charters they had been formally declared to be as surely

possessed of these privileges as if they had been born and were then

abiding within the realm; that the taxation of the people by themselves

or by persons chosen by themselves to represent them "is the only

security against a burthensome taxation, and the distinguishing

characteristick of British freedom, without which the ancient

constitution cannot exist"; and that the loyal colony of Virginia had

in fact without interruption enjoyed this inestimable right, which had

never been forfeited or surrendered nor ever hitherto denied by the

kings or the people of Britain. No treason here, expressed or implied;

nor any occasion for 500 guineas passing from one hand to another to

prove that the province of Virginia was still the ancient and loyal Old

Dominion.

But Fate, or Providence, or whatever it is that presides at the

destinies of nations, has a way of setting aside with ironical smile the

most deliberate actions of men. And so, on this occasion, it turned out

that the hard-won victory of Messrs. Randolph, Bland, Pendleton, and

Wythe was of no avail. William Gordon tells us, without mentioning the

source of his information, that "a manuscript of the unrevised resolves

soon reached Philadelphia, having been sent off immediately upon their

passing, that the earliest information of what had been done might

be obtained by the Sons of Liberty." From Philadelphia a copy was

forwarded, on June 17, to New York, in which loyal city the resolutions

were thought "so treasonable that their possessors declined printing

them"; but an Irish gentleman from Connecticut, who was then in town,

inquired after them and was with great precaution permitted to take a

copy, which he straightway carried to New England. All this may be true

or not; but certain it is that six resolutions purporting to come from

Virginia were printed in the Newport Mercury on June 24, 1765, and

afterwards, on July 1, in many Boston papers.

The document thus printed did not indeed include the famous fifth

resolution upon which the debate in the House of Burgesses was "most

bloody" and which had been there adopted by a single vote and afterwards

erased from the record; but it included two others much stronger than

that eminently treasonable one: Resolved, That his Majesty's Liege

people, the inhabitants of this colony, are not bound to yield obedience

to any law or ordinance whatever, designed to impose any taxation

whatsoever upon them, other than the laws and ordinances of the General

Assembly aforesaid. Resolved, That any person who shall, by speaking or

writing, assert or maintain that any person or persons, other than the

General Assembly of this colony, have any right or power to impose any

taxation on the people here, shall be deemed an enemy to his Majesty's

colony.

These resolutions, which Governor Fauquier had not seen, and which were

perhaps never debated in the House of Burgesses, were now circulated far

and wide as part of the mature decision of the Virginia Assembly. On the

14th of September, Messrs. Randolph, Wythe, and Nicholas were appointed

a committee to apprise the Assembly's agent "of a spurious copy of the

resolves of the last Assembly ... being dispersed and printed in the

News Papers and to send him a true copy of the votes on that occasion."

In those days of slow and difficult communication, the truth, three

months late, could not easily overtake the falsehood or ever effectively

replace it.

In later years, when it was thought an honor to have begun the

Revolution, many men denied the decisive effect of the Virginia

Resolutions in convincing the colonists that the Stamp Act might be

successfully resisted. But contemporaries were agreed in according them

that glory or that infamy. "Two or three months ago," said Governor

Bernard, "I thought that this people would submit to the Stamp Act.

Murmurs were indeed continually heard, but they seemed to be such

as would die away. The publishing the Virginia Resolutions proved an

alarm-bell to the disaffected." We read the resolutions, said Jonathan

Sewell, "with wonder. They savored of independence; they flattered the

human passions; the reasoning was specious; we wished it conclusive.

The transition to believing it so was easy, and we, almost all America,

followed their example in resolving that the Parliament had no such

right." And the good patriot John Adams, who afterwards attributed the

honor to James Otis, said in 1776 that the "author of the first Virginia

Resolutions against the Stamp Act ... will have the glory with posterity

of beginning ... this great Revolution." ¹

¹ Upon the death of George II., 1760, the collectors of the customs at

Boston applied for new writs of assistance. The grant was opposed by the

merchants, and the question was argued before the Superior Court. It was

on this occasion that James Otis made a speech in favor of the rights

of the colonists as men and Englishmen. All that is known of it is

contained in some rough notes taken at the time by John Adams (Works of

John Adams, ii., 125). An elaboration of these notes was printed in the

Massachusetts Spy, April 29, 1773, and with corrections by Adams fifty

years after the event in William Tudor's Life of James Otis, chs. 5-7.

This is the speech to which Adams, at a later date, attributed the

beginning of the Revolution.

James Otis in 1765 declared the Virginia Resolutions to be treasonable.

It was precisely their treasonable flavor that electrified the country,

while the fact that they came from the Old Dominion made men think that

a union of the colonies, so essential to successful resistance, might be

achieved in spite of all. The Old Dominion, counted the most English of

the colonies in respect to her institutions and her sympathies, had a

character for loyalty that, in any matter of opposition to Britain,

gave double weight to her action. Easy-going tobacco-planters, Church of

England men all, were well known not to be great admirers of the precise

Puritans of New England, whose moral fervor and conscious rectitude

seemed to them a species of fanaticism savoring more of canting

hypocrisy than of that natural virtue affected by men of parts. Franklin

may well have had Virginia and Massachusetts in mind when he said, but

a few years earlier, no one need fear that the colonies "will unite

against their own nation ... which 'tis well known they all love much

more than they love one another." Nor could anyone have supposed that

the "Ancient and Loyal Colony of Virginia" would out-Boston Boston in

asserting the rights of America. Yet this was what had come to pass, the

evidence of which was the printed resolutions now circulating far and

wide and being read in this month of July when it was being noised about

that a Congress was proposed for the coming October. The proposal had

in fact come from Massachusetts Bay in the form of a circular letter

inviting all the colonies to send delegates to New York for the purpose

of preparing a loyal and humble "representation of their condition," and

of imploring relief from the King and Parliament of Great Britain.

No very encouraging response was immediately forthcoming. The Assembly

of New Jersey unanimously declined to send any delegates, although it

declared itself "not without a just sensibility respecting the late acts

of Parliament," and wished "such other colonies as think proper to be

active every success they can loyally and reasonably desire." For two

months there was no indication that any colony would think it "proper

to be active"; but during August and September the assemblies of six

colonies chose deputies to the congress, and when that body finally

assembled in October, less formally designated representatives from

three other colonies appeared upon the scene. The Assembly of New

Hampshire declined to take part. Virginia, Georgia, and North Carolina

were also unrepresented, which was perhaps due to the fact that the

governors of those provinces refused to call the assemblies together to

consider the Massachusetts circular letter.

Of the 27 members of the Stamp Act Congress, few if any were inclined

to rash or venturesome measures. It is reported that Lord Melbourne,

as Prime Minister of England, once remarked to his Cabinet, "It doesn't

matter what we say, but we must all say the same thing." What the Stamp

Act Congress said was to be sure of some importance, but that it should

say something which all could agree to was of even greater importance.

"There ought to be no New England man, no New Yorker, known on the

continent," wrote Christopher Gadsden of South Carolina, "but all of

us Americans." New Yorkers and New England men could not indeed be

so easily transformed over night; but the Stamp Act Congress was

significant as marking a kind of beginning in that slow and difficult

process. After eleven days of debate, in which sharp differences of

opinion were no doubt revealed, a declaration of rights and grievances

was at last adopted; a declaration which was so cautiously and loyally

phrased that all could subscribe to it, and which was perhaps for that

very reason not quite satisfactory to anyone.

His Majesty's subjects in the colonies, the declaration affirmed, are

entitled to those "inherent rights and liberties" which are enjoyed by

"his natural born subjects" in Great Britain; among which rights is that

most important one of "not being taxed without their own consent"; and

since the people of the colonies, "from local circumstances, cannot be

represented in the House of Commons," it follows that taxes cannot be

"imposed upon them, but by their respective legislatures." The Stamp

Act, being a direct tax, was therefore declared to have a "manifest

tendency to subvert the rights and liberties of the colonies." Of the

Sugar Act, which was not a direct tax, so much could not be said; but

this act was at least "burthensome and grievous," being subversive of

trade if not of liberty. No one was likely to be profoundly stirred by

the declaration of the Stamp Act Congress, in this month of October when

the spirited Virginia Resolutions were everywhere well known.

"The frozen politicians of a more northern government," according to the

Boston Gazette, "say they [the people of Virginia] have spoken treason";

but the Boston Gazette, for its part, thought they had "spoken very

sensibly." With much reading of the resolutions and of the commendatory

remarks with which they were everywhere received, the treasonable flavor

of their boldest phrases no doubt grew less pronounced, and high talk

took on more and more the character of good sense. During the summer

of 1765 the happy phrase of Isaac Barré--"these sons of liberty"--was

everywhere repeated, and was put on as a kind of protective coloring by

strong patriots, who henceforth thought of themselves as Sons of Liberty

and no traitors at all. Rather were they traitors who would in any

way justify an act of tyranny; most of all those so-called Americans,

accepting the office of Stamp Master, who cunningly aspired to make

a farthing profit out of the hateful business of enslaving their own

countrymen.

Who these gentry might be was not certainly known until early August,

when Jared Ingersoll, himself as it turned out one of the miscreants,

brought the commissions over from London, whereupon the names were all

printed in the papers. It then appeared that the gentleman appointed

to distribute the stamps in Massachusetts was Andrew Oliver, a man very

well connected in that province and of great influence with the best

people, not infrequently entrusted with high office and perquisites, and

but recently elected by the unsuspecting Bostonians to represent them in

the council of Massachusetts Bay Colony. It seemed inconsistent that a

man so often honored by the people should meanwhile pledge himself to

destroy their liberties; and so on the morning of the 14th of August,

Mr. Oliver's effigy, together with a horned devil's head peeping out of

an old boot, was to be seen hanging from the Liberty Tree at the south

end of Boston, near the distillery of Thomas Chase, brewer and warm

Son of Liberty. During the day people stopped to make merry over the

spectacle; and in the evening, after work hours, a great crowd gathered

to see what would happen. When the effigy was cut down and carried away,

the crowd very naturally followed along through the streets and through

the Town House, justifying themselves--many respectable people were

in the crowd--for being there by calling out, "Liberty and Property

forever; no Stamp." And what with tramping and shouting in the warm

August evening, the whole crowd became much heated and ever more

enthusiastic, so that, the line of march by some chance lying past

the new stamp office and Mr. Oliver's house, the people were not to be

restrained from destroying the former and breaking in the windows of the

latter, in detestation of the hated Stamp Act and of the principle that

property might be taken without consent.

Mr. Oliver hastened to resign his office, which doubtless led many

people to think the methods taken to induce him to do so were very good

ones and such as might well be made further use of. It was in fact not

long afterwards, about dusk of the evening of the 26th of August, that

a mob of men, more deliberately organized than before, ransacked the

office of William Story, Deputy Registrar of the Court of Admiralty,

and, after burning the obnoxious records kept there, they forcibly

entered the house, and the cellar too, of Benjamin Hallowell,

Comptroller of the Customs. "Then the Monsters," says Deacon Tudor,

"being enflam'd with Rum & Wine which they got in sd. Hallowell's

cellar, proceeded with Shouts to the Dwelling House of the Hon-l. Thos.

Hutchinson, Esq., Lieut. Governor, & enter'd in a voyalent manner." At

that moment the Lieutenant-Governor was sitting comfortably at dinner

and had barely time to escape with his family before the massive front

door was broken in with axes. As young Mr. Hutchinson went out by the

back way he heard someone say: "Damn him, he's upstairs, we'll have him

yet." They did not indeed accomplish this purpose; but when the morning

broke the splendid house was seen to be completely gutted, the partition

walls broken in, the roof partly off, and the priceless possessions of

the owner ruined past repair: mahogany and walnut furniture finished

in morocco and crimson damask, tapestries and Turkey carpets, rare

paintings, cabinets of fine glass and old china, stores of immaculate

linen, India paduasoy gowns and red Genoa robes, a choice collection of

books richly bound in leather and many manuscript documents, the fruit

of thirty years' labor in collecting--all broken and cut and cast about

to make a rubbish heap and a bonfire. From the mire of the street there

was afterwards picked up a manuscript history of Massachusetts which is

preserved to this day, the soiled pages of which may still be seen in

the Boston library. Mr. Hutchinson was no friend of the Stamp Act;

but he was a rich man, Lieutenant-Governor of the province, and

brother-in-law of Andrew Oliver.

Government offered the usual rewards--which were never claimed--for

evidence leading to the detection of any persons concerned in the riots.

Men of repute, including the staunchest patriots such as Samuel Adams

and Jonathan Mayhew, expressed their abhorrence of mobs and of all

licentious proceedings in general; but many were nevertheless disposed

to think, with good Deacon Tudor, that in this particular instance

"the universal Obhorrance of the Stamp Act was the cause of the Mob's

riseing." It would be well to punish the mob, but punishing the mob

would not cure the evil which was the cause of the mob; for where there

was oppression the lower sort of people, as was well known, would

be sure to express opposition in the way commonly practiced by them

everywhere, in London as well as in Boston, by gathering in the streets

in crowds, in which event some deplorable excesses were bound to follow,

however much deprecated by men of substance and standing. If ministers

wished the people to be tranquil, let them repeal the Stamp Act; if

they were determined to persist in it, and should attempt to land and

distribute the stamps, loyal and law-abiding citizens, however much they

might regret the fact, could only say that similar disorders were very

likely to become even more frequent and more serious in the future than

they had been in the past.

As the first of November approached, that being the day set for the

levying of the tax, attention and discussion came naturally to center

on the stamps rather than on the Stamp Act. Crowds of curious people

gathered wherever there seemed a prospect of catching a glimpse of

the bundles of stamped papers. Upon their arrival the papers had to be

landed; they could therefore be seen; and the mere sight of them was

likely to be a sufficient challenge to action. It seemed a simple matter

to resist a law which could be of no effect without the existence

of certain papers, paper being a substance easily disposed of. And

everywhere in fact the stamps were disposed of--disposed of by mobs,

with the tacit consent and impalpable encouragement of many men who,

having a reputable position to maintain, would themselves by no means

endure to be seen in a common crowd; men of good estate whom no one

could think of as countenancers of violence, but who were, on this

occasion, as Mr. Livingston said, "not averse to a little rioting"

on condition that it be kept within bounds and well directed to the

attainment of their just rights.

A little rioting, so easy to be set on foot, was difficult to keep

within reasonable bounds, as Mr. Livingston and his friends in New York

soon discovered, somewhat to their chagrin. In New York, even after the

stamps were surrendered by Lieutenant-Governor Colden and safely lodged

in the Town House, there were many excesses wholly unnecessary to the

attainment of the original object. Mr. Colden's new chariot, certainly

never designed to carry the stamps, was burned; and on repeated

occasions windows were broken and "particulars" threatened that their

houses would presently be pulled down. Mr. Livingston was himself the

owner of houses, had an immense respect for property rights and for the

law that guaranteed them, and therefore wished very much that the lower

sort of people would give over their mobbish practices now that the

stamps had been disposed of. Since the law could not now operate without

stamps, what more was necessary except to wait in good order, patiently

denying themselves those activities that involved a violation of the

law, until the law should be repealed? The Stamp Act Congress had

protested in a proper and becoming manner; merchants had agreed not to

import British goods; the Governor had closed the courts. Stopping of

business would doubtless be annoying and might very likely produce

some distress. But it would be legal and it would be effective: the

government would get no revenue; British merchants no profit; and

Americans could not be charged with violating a law the failure of

which was primarily due to the fact that papers indispensable to its

application were, for one reason or another, not forthcoming.

Mr. Livingston, happily possessed of the conservative temperament, was

disposed to achieve desired ends with the least possible disturbance of

his own affairs and those of his country; and most men of independent

means, landowners and merchants of considerable estates, moneyed men and

high salaried officials whose incomes were not greatly affected by any

temporary business depression, were likely to be of Mr. Livingston's

opinion, particularly in this matter of the Stamp Act. Sitting

comfortably at dinner every day and well knowing where they could lay

hands on money to pay current bills, they enjoyed a high sense of

being defenders of liberty and at the same time eminently law-abiding

citizens. They professed a decided preference for nullifying the Stamp

Act without violating it. Sitting at dinner over their wine, they swore

that they would let ships lie in harbor and rot there if necessary, and

would let the courts close for a year or two years, rather than employ

taxed papers to collect their just debts; with a round oath they bound

themselves to it, sealing the pledge, very likely, by sipping another

glass of Madeira. In the defense of just rights, Mr. Livingston and his

conservative friends were willing to sacrifice much: they foresaw some

months of business stagnation, which they nevertheless contemplated with

equanimity, being prepared to tide over the dull time by living in a

diminished manner, if necessary even dispensing with customary bottles

of Madeira at dinner.

Men of radical temperament, having generally less regard for the status

quo, are quick to see ulterior motives back of conservative timidity and

solemn profession of respect for law and order. It was so in the case of

the Stamp Act. Small shopkeepers who were soon sold out and had no great

stock of "old moth-eaten goods" to offer at enhanced prices, rising

young lawyers whose fees ceased with the closing of the courts, artisans

and laborers who bought their dinners (no Madeira included) with their

daily wage--these, and indeed all the lower sort of people, contemplated

the stopping of business with much alarm. Mr. John Adams, a young lawyer

of Braintree and Boston, was greatly interested in the question of the

courts of justice. Were the courts to be closed on the ground that no

legal business could be done without stamped papers? Or were they to go

on trying cases, enforcing the collection of debts, and probating wills

precisely as if no Stamp Act had ever been heard of? The Boston superior

court was being adjourned continuously, for a fortnight at a time,

through the influence of Messrs. Hutchinson and Oliver, to the great

and steadily rising wrath of young Mr. Adams. The courts must soon be

opened, he said to himself; their inactivity "will make a large chasm

in my affairs, if it should not reduce me to distress." Young Mr. Adams,

who had, no less than Mr. Oliver, a family to support and children to

provide for, was just at the point of making a reputation and winning a

competence "when this execrable project was set on foot for my ruin as

well as that of America in general." And therefore Mr. Adams, and Mr.

Samuel Adams, and Mr. Otis, and Mr. Gridley, in order to avert the ruin

of America in general, were "very warm" to have the courts open and

very bitter against Messrs. Hutchinson and Oliver whose "insolence and

impudence and chicanery" in the matter were obvious, and whose secret

motives might easily be inferred. Little wonder if these men, who had

managed by hook or crook to get into their own hands or into the hands

of their families nearly all the lucrative offices in the province, now

sought to curry favor with ministers in order to maintain their amazing

ascendancy!

When the Stamp Act was passed, all men in America had professed

themselves, and were thought to be, Sons of Liberty. Even Mr. Hutchinson

had declared himself against ministerial measures. But scarce a month

had elapsed since the law was to have gone into effect before it was

clear to the discerning that, for all their professions, most of

the "better sort" were not genuine Sons of Liberty at all, but timid

sycophants, pliant instruments of despotism, far more intent upon the

ruin of Mr. Adams and of America in general than any minister could

be shown to be. For the policy of dispensing with activities requiring

stamped papers, much lauded by these gentry as an effective and

constitutional means of defeating the law, was after all nothing but "a

sort of admittance of the legality of the Stamp Act, and had a tendency

to enforce it, since there was just reason to apprehend that the

secret enemies of liberty had actually a design to introduce it by

the necessity to which the people would be reduced by the cessation of

business." It was well, therefore, in view of such insidious designs of

secret enemies, that the people, even to the lowest ranks, should become

"more attentive to their liberties, and more inquisitive about them, and

more determined to defend them, than they were ever before known or had

occasion to be."

To defend their liberties, not against ministers but against ministerial

tools, who were secret betrayers of America, true patriots accordingly

banded themselves in societies which took to themselves the name of Sons

of Liberty and of which the object was, by "putting business in motion

again, in the usual channels, without stamps," to prevent the Stamp Act

ever being enforced. Such a society composed mainly of the lower orders

of people and led by rising young lawyers, was formed in New York. On

January 7, at Mr. Howard's coffee house, abandoning the secrecy which

had hitherto veiled their activities, its members declared to the world

their principles and the motives that would determine their action in

the future:

Resolved: That we will go to the last extremity and venture our lives

and fortunes effectively to prevent the said Stamp Act from ever taking

place in this city and province; Resolved: That any person who shall

deliver out or receive any instrument of writing upon stamped paper ...

shall incur the highest resentment of this society, and be branded with

everlasting infamy; Resolved: That the people who carry on business as

formerly on unstamped Paper ... shall be protected to the utmost power

of this society.

Malicious men said that the Sons of Liberty were "much concerned that

the gentlemen of fortune don't publically join them," for which reason

the society "formed a committee of correspondence with the Liberty Boys

in the neighboring provinces." In February, the society did in fact

appoint such a committee, which sent out letters to all the counties of

New York and to all the colonies except Georgia, proposing the formation

of an intercolonial association of the true Sons of Liberty; to which

letters many replies were received, some of which are still preserved

among the papers of the secretary, Mr. John Lamb. The general sense

of these letters was that an intercolonial association and close

correspondence were highly necessary in view of the presence, in nearly

every colony, of many "secret and inveterate enemies of liberty," and of

the desirability of keeping "a watchful eye over all those who, from

the nature of their offices, vocations, or dispositions, may be the most

likely to introduce the use of stamped paper, to the total subversion of

the British constitution."

No doubt the society kept its watchful eye on every unusual activity and

all suspicious characters, but to what extent it succeeded in "putting

business in motion again, in the usual channels, without stamps," cannot

be said. Both before and after the society was founded, much business

was carried on in violation of the law: newspapers and pamphlets

continued to flourish in the land; the inferior courts at least were

sooner or later opened in nearly every colony; and not infrequently

unstamped clearance papers were issued to shipmasters willing to take

the risk of seizure in London or elsewhere. Mr. John Hancock, easily

persuading himself that there should be no risk, shipped a cargo of oil

with the Boston packet in December. "I am under no apprehensions," he

wrote his London agent. "Should there be any Difficulty in London as

to Marshall's clearance, You will please to represent the circumstances

that no stamps could be obtained, ... in which case I think I am to be

justified, & am not liable to a seizure, or even run any risque at all,

as I have taken the Step of the Law, and made application for clearance,

& can get no other."

Notwithstanding such practices, which were frequent enough, it was a

dull winter, with little profit flowing into the coffers of Mr. Hancock,

with low wages or none at all for worthy artisans and laborers; so that

it must often have seemed, as Governor Moore said, "morally impossible

that the people here can subsist any time under such inconveniences

as they have brought on themselves." Such inconveniences became more

irksome as time passed, with the result that, during the cold and

dreary months of February and March, it became every day a more pressing

question, particularly for the poor, to know whether the bad times would

end at last in the repeal or the admission of the tyrannical act.

Confronted with this difficult dilemma, the faithful Sons of Liberty

were preparing in April to assemble a continental congress as a last

resort, when rumors began to spread that Parliament was on the point

of carrying the repeal. The project of a congress was accordingly

abandoned, and everywhere recrimination gave place to rejoicing. On

April 21, 1766, the vigilant Boston Sons voted that when the rumors

should be confirmed they would celebrate the momentous event in a

befitting manner--would celebrate it "Under the deepest Sense of Duty

and Loyalty to our Most Gracious Sovereign King George, and in respect

and Gratitude to the Patriotic Ministry, Mr. Pitt, and the Glorious

Majority of both Houses of Parliament, by whose Influence, under Divine

Providence, against a most strenuous Opposition, a happy Repeal of the

Stamp Act, so unconstitutional as well as Grievous to His Majesty's good

Subjects of America, is attained; whereby our incontestible Right of

Internal Taxation remains to us inviolate."

The Eve of the Revolution; A Chronicle of the Breach with England · 第 3 / 6 章