Barré could not restrain his indignation. In the course of a fiery

rejoinder he uttered truths that made him the most loved Englishman in

America, when his words were published there. "Your oppressions planted

them in America," he thundered. "They met with pleasure all hardships

compared with those they suffered in their own country. They grew by

your neglect of them: as soon as you began to care for them, deputies

of members of this house were sent to spy out their liberties, to

misrepresent their actions, and to prey upon them; men whose behavior

caused the blood of those Sons of Liberty to recoil within them: men

who were often glad, by going to a foreign country, to escape being

brought to the bar of justice in their own. They 'protected by your

arms'?--They have, amid their constant and laborious industry, nobly

taken up arms for the defense of a country whose frontier was drenched

in blood, while its interior parts yielded all its little savings to

your emolument. And believe me--remember--the same spirit of freedom

which actuated that people at first will accompany them still. They are

as truly loyal as any subjects the king has; but a people jealous of

their liberties, and who will vindicate them, if ever they should be

violated." But Grenville had gone too far to retreat; the case went

against America by two hundred and forty-five to forty-nine; and only

Beckford and Conway were on record as denying the power of Parliament

to enact the tax. All petitions from the colonies were refused. "We

have power to tax them, and we will tax them," said one of the

ministers. In the House of Lords the bill was agreed to without debate

or dissent. The king, at the time of signing the bill, was suffering

from one of his periodic attacks of insanity; but the ratification was

accepted as valid nevertheless. Neither Franklin nor any of the other

American agents imagined the act would be forcibly resisted in America.

Even Otis had said, "We must submit." But they reckoned without their

host. The stamp act was a two-edged sword; in aiming to cut down the

liberties of America, it severed the bonds that tied her to the mother

country.

The prospect before the colonies was truly intolerable. No product of

their industry could be exported save to England; none but English

ships might enter their ports; no wool might be moved from one part of

the country to another; no Bible might be printed anywhere; all hats

must come from England; no ore might be mined or worked; duties were

imposed on almost every imported article of use or luxury. No marriage,

promissory note, or other transaction requiring documentary record was

valid except with the government stamp. In a word, convicts in a jail

could hardly be shackled more severely than were these two millions of

the most freedom-loving and intelligent people on the globe. "If this

system were to prevail," remarked Thacher of Boston, "it would

extinguish the flame of liberty all over the world."

But it was not to prevail. Patrick Henry had been elected to the

legislature of Virginia. His first act was to maintain, in committee of

the whole, that the colony had never given up its right to be governed

by its own laws respecting taxation, and that it had been constantly

recognized by England; and that any attempt to vest such power in other

persons tended to destroy British as well as American freedom. In a

passionate peroration he warned George III. to remember the fate of

other tyrants who had trampled on popular liberties. Otis in

Massachusetts suggested the novel idea of summoning a congress from all

the colonies to deliberate on the situation. In New York a writer

declared that while there was no disposition among the colonies to

break with England as long as they were permitted their full rights,

yet they would be "satisfied with no less."--"The Gospel promises

liberty and permits resistance," said Mayhew. Finally, the dauntless

and faithful Christopher Gadsden of South Carolina, after considering

Massachusett's suggestion of a union, pronounced, as head of the

committee, in its favor.

In England, meanwhile, the cause of the colonies had been somewhat

favored by the willfulness of the king, who, in order to bring his

court favorites into power, dismissed the Grenville ministry. There

were no persons of ability in the new cabinet, and vacant feebleness

was accounted better for America than resolute will to oppress. The

king himself, however, never wavered in his resolve that the colonies

should be taxed. On the other hand, the colonies were at this time

disposed to think that the king was friendly to their liberties. But

whatever misapprehensions existed on either side were soon to be

finally dispelled.

In August, 1765, the names of the stamp distributers (who were to be

citizens of the colonies) were published in America; and the packages

of stamped paper were dispatched from England. There was an old

elm-tree in Boston, standing near the corner of Essex Street, opposite

Boylston Market. On the morning of the 14th of August, two figures were

descried by early pedestrians hanging from the lower branches of the

tree. "They were dressed in square-skirted coats and small-clothes, and

as their wigs hung down over their faces, they looked like real men.

One was intended to represent the Earl of Bute, who was supposed to

have advised the king to tax America; the other was meant for the

effigy of Andrew Oliver, a gentleman belonging to one of the most

respectable families in Massachusetts, whom the king had appointed to

be the distributer of stamps." It was in vain that Hutchinson ordered

the removal of the effigies; the people had the matter in their own

hands. In the evening a great and orderly crowd marched behind a bier

bearing the figures, gave three cheers for "Liberty, Property and no

stamps," before the State House, where the governor and Hutchinson were

in session, and thence went to the house which Oliver had intended for

his stamp office, tore it down, and burned his image in the fire they

kindled with it, in front of his own residence. "Death to the man who

offers stamped paper to sell!" they shouted. "Beat an alarm!" quavered

Hutchinson to the militia colonel.--"My drummers are in the mob," was

the reply; and when Hutchinson attempted to disperse the crowd, they

forced him to run the gantlet, in the Indian fashion which was too

familiar to New Englanders, and caught him several raps as he ran. "If

Oliver had been there he'd have been murdered," said Governor Bernard,

with conviction; "if he doesn't resign--!" But Oliver, much as he loved

the perquisites of the office, loved his life more, and he resigned

before the mob could threaten him. Bernard, with chattering teeth, was

ensconced in the safest room in the castle. There remained Hutchinson,

in his handsome house in Garden Court Street, near the North Square.

Late at night the mob came surging and roaring in that direction. As

they turned into Garden Court Street, the sound of them was as if a

wild beast had broken loose and was howling for its prey. From the

window, the terrified chief-justice beheld "an immense concourse of

people, rolling onward like a tempestuous flood that had swelled beyond

its bounds and would sweep everything before it. He felt, at that

moment, that the wrath of the people was a thousand-fold more terrible

than the wrath of a king. That was a moment when an aristocrat and a

loyalist might have learned how powerless are kings, nobles, and great

men, when the low and humble range themselves against them. Had

Hutchinson understood and remembered this lesson he need not in after

years have been an exile from his native country, nor finally have laid

his bones in a distant land."

The mob broke into the house, destroyed the valuable furniture,

pictures and library, and completely gutted it. The act was denounced

and repudiated by the better class of patriots, like Adams and Mayhew;

but it served a good purpose. The voice of the infuriated mob is

sometimes the only one that tyranny can hear. One after another all the

colonies refused to accept the stamp act, and every stamp officer was

obliged to resign. Meanwhile the leaders discussed the people's rights

openly. The law was to go into effect on November 1st. "Will you

violate the law of Parliament?" was asked. "The stamp act is against

Magna Charta, and Lord Coke says an act of Parliament against Magna

Charta is for that reason void," was the reply. "Rulers are attorneys,

agents and trustees of the people," said Adams, "and if the trust is

betrayed or wantonly trifled away, the people have a right to revoke

the authority that they themselves have deputed, and to constitute

abler and better agents. We have an indisputable right to demand our

privileges against all the power and authority on earth." Never had

there been such unanimity throughout the colonies; but in New York,

General Gage, who had betrayed lack of courage under Amherst a few

years before, but who was now commander-in-chief, declared he would put

down disaffection with a strong hand. There were ships of war in the

harbor, and the fort in the town mounted heavy guns. Major James of the

artillery was intrusted with the preparations. "I'll cram the stamps

down their throats with the end of my sword: if they attempt to rise

I'll drive them out of town for a pack of rascals, with four and twenty

men!" It was easy to pass a stamp act, and to bring stamped paper into

the colonies; but it would take more than Major James, and Governor

Golden, and General Gage himself to make the people swallow them. The

day of the "Sons of Liberty" was dawning.

CHAPTER THIRTEENTH

THE PASSING OF THE RUBICON

Issue was now joined between America and England. They faced each

other--the great, historic figure, and the stripling of a century--and

knew that the limit had been reached. The next move might be

irrevocable.

"You must submit to the tax."--"I will not submit."

Englishmen, with some few eminent exceptions, believed that England was

in the right. If the word of Parliament was not law, what was? If the

law it made could be disregarded, what could stand? A colony was a

child: children must be kept in subjection. Colonies were planted for

the benefit and extension of commerce; if they were permitted to

conduct their commerce without regard to the mother country, their

reason for existence was gone. The protection of a colony was

expensive: why should not the protected one bear a part at least of the

expense? If the mother country allowed the colony to fix the amount it

should pay, what guarantee could she have that it would pay anything?

Could mighty England assume toward little America the attitude of a

tradesman, humbly standing at the door with a bill, asking whether it

would be convenient to pay something on account? If there were to be

condescension, it should not come from America. She clamored for

justice; England would be just: but she must first be obeyed. England

might forgive the debt, but must insist upon acknowledgment that the

debt was due, and upon the right to collect it at pleasure. As for the

plea that taxation should postulate representation, it would not bear

examination. It might be true that Parliament was a theoretically

representative body; but, in fact, it was a gathering of the men in

England best qualified to govern, who were rather selected than

elected. Many of the commons held their seats by favor of the nobility;

the suffrage, as practiced, was a recognition that the people might

have a voice in the government of the country; but that voice was not

to be a deciding one. It was exercised only by a part of the people,

and even then, largely under advice or influence. Many important towns

and districts had no representatives. Americans were as well off as

these Englishmen; on what ground could they demand to be better off?

They must trust to the will of England to secure their advantage in

securing her own; to her wisdom, equity, and benevolence. Why should

they complain of the Navigation Acts? What more did they want than a

market?--and that, England afforded. Why should they feel aggrieved at

the restriction on their manufactures? England could manufacture

articles better than they could, and it was necessary to the well-being

of her manufacturing classes that they should be free from American

competition. Did they object to the measures England took to prevent

smuggling and illicit dealing?--They had only themselves to blame: was

it not notorious that evasions and open violations of the law had for

years existed? Did they object to royal governors?--What better

expedient was there to keep the two countries in touch with each

other--to maintain that "representation" in England which they

craved?--whereas, were they to choose governors from among themselves,

they would soon drift away from sympathy with and understanding of

England. And why all this uproar about the stamp tax? What easier, more

equitable way could be devised to get the financial tribute required

without pressing hard on any one? If Americans would object to that,

they would object to anything; and they must either be abandoned

entirely to their own devices--which of course was out of the

question--or they must be compelled, if they would not do it

voluntarily, to accede to it. Compulsion meant force; force meant a

resident English army; and that army must be supported and accommodated

by those for whose regulation it was established.

Such was the attitude of men like Lord Chief-justice Mansfield, who

spoke on the subject in the House of Lords. He refused to recognize any

essential distinction between external and internal taxes; though, as

Pitt pointed out, the former was designed for the regulation of trade,

and whatever profit arose from it was incidental; while the latter was

imposed to raise revenue for the home government, and was, in effect,

arbitrarily appropriating the property of subjects without their

consent asked or obtained. Pitt disposed of the argument of virtual

representation by denying it point-blank; Americans were not in the

same position with those Englishmen who were not directly represented

in Parliament; because the latter were inhabitants of the kingdom, and

could be, and were indirectly represented in a hundred ways. But while

opposing the right of Parliament to rob America, he asserted in the

strongest terms its right to govern her. "The will of Parliament,

properly signified, must forever keep the colonies dependent upon the

sovereign kingdom of Great Britain. If any idea of renouncing

allegiance has existed, it was but a momentary frenzy. In a good cause,

the force of this country can crush America to atoms. But on this

ground of the stamp act, I am one who will lift up my hands against it.

I rejoice that America has resisted. In such a cause, your success

would be hazardous. America, if she fell, would embrace the pillar of

the state, and pull down the constitution along with her."

The Lords passed the bill against a minority of five. In the Commons,

where Burke ardently spoke in favor of the tax, the majority was even

greater. "It was decided that irresponsible taxation was not a tyranny

but a vested right; that Parliament held legislative power, not as a

representative body but in absolute trust: that it was not and had

never been responsible to the people." This was the new Toryism, which

was to create a new opposition. The debate aroused a discussion of

popular rights in England itself, and the press began to advocate

genuine representation. Meanwhile, it looked ill for the colonies. But

a law which is only engrossed on parchment, and is not also founded in

natural truth and justice, has no binding power, even though it be

supported by the army and navy of England. Humanity was on the side of

America, and made her small numbers and physical weakness as strong as

all that is good and right in the world. All appearances to the

contrary notwithstanding, there is nothing real but right. Had America

fought only for herself, she would have failed.

The instances of mob violence in the colonies at this period were not

to be classed with lawless outbreaks in countries which have a

government of their own. The colonies were subjected to a government

which they did not elect or approve; and the management of their

affairs consequently reverted inevitably and rightly to the body of the

people themselves. They had no officers and no organization, but they

knew what they wanted; and having in view the slowness of

inter-communication, and the differences in the ideas and customs of

the several colonies, the unanimity of their action in the present

juncture is surprising. When their congress met in New York on the 7th

of October, 1765, their debate was less as to principles than as to the

manner of their declaration and enforcement. The watchword, "Join or

die," had been started in September, and was taken up all over the

country. Union was strength, and on union all were resolved. The mob

had put a stop to the execution of the law; it now rested with the

congress to settle in what way and on what grounds the repeal of the

law should be demanded. Against the people and the congress were

arrayed the royal governors and other officials, and the troops. The

former deluged the home government with exhortations to be firm; the

latter waited the word to act, not without misgivings; for here were

two million inhabitants, a third or fourth part of whom might bear arms.

Should the congress base its liberties on charter rights, or on natural

justice and universal reason?--On the latter, said Gadsden of South

Carolina; and the rest acceded. "I wish," Gadsden had said, "that the

charters may not ensnare us at last by drawing different colonies to

act differently in this great cause. There ought to be no New England

man, no New Yorker, known on the continent, but all Americans." It was

a great truth to be enunciated at that time. There were statesmen less

wise in this country a hundred years later. The Duke of Choiseul,

premier of France, and one of the acutest ministers that ever lived,

foresaw the independence of America, and even so early began to take

measures having in view the attitude of France in that contingency.--In

the congress, Otis advocated repeal, not of the stamp act alone, but of

all acts laying a duty on trade; and it was finally agreed to mention

the latter as grievances. Trial by jury was stipulated for instead of

admiralty jurisdiction; taxes should be imposed only by colonial

legislatures, representation in Parliament being impracticable. One or

two of the delegates feared to sign the document embodying these views

and demands; whereupon Dyer of Connecticut observed that since disunion

in these matters was fatal, the remaining delegates ought to sign them;

and this was done, only Ruggles and Ogden, of Massachusetts and of New

Jersey respectively, declining. By this act the colonies became "a

bundle of sticks which could neither be bent nor broken." At the same

time, Samuel Adams addressed a letter to Governor Bernard of

Massachusetts. "To suppose a right in Parliament to tax subjects

without their consent includes the idea of a despotic power," said he.

"The stamp act cancels the very conditions upon which our ancestors,

with toil and blood and at their sole expense, settled this country. It

tends to destroy that mutual confidence and affection, as well as that

equality, which ought to subsist among all his majesty's subjects: and

what is worst of all evils, if his majesty's subjects are not to be

governed according to the known and stated rules of the constitution,

their minds may in time become disaffected."

On the 1st of November, the day when the act was to go into effect,

Colden, governor of New York, "resolved to have the stamps

distributed." The army and navy professed themselves ready to support

him. But the population rose up in a body against it, with Isaac Sears

as leader. "If you fire on us, we'll hang you," they told Colden.

Torchlight processions, with the governor's effigy burned in a bonfire

composed of his own carriages, right under the guns of the fort in

which he had taken refuge, followed. Colden capitulated, and even gave

up the stamps into the custody of the people. Similar scenes were

enacted in the other colonies. The principle of "union and liberty"

became daily more deeply rooted. If England refused to repeal the act,

"we will repeal it ourselves," declared the colonists. John Adams said

that the colonies were already discharged from allegiance, because they

were "out of the king's protection"--protection and allegiance being

reciprocal. The Sons of Liberty became a recognized organization. The

press printed an admonition to George III., brief but pithy: GREAT SIR,

RETREAT, OR YOU ARE RUINED. Otis maintained that the king, by

mismanaging colonial affairs, had practically abdicated, so far as they

were concerned. Israel Putnam, being of an active turn, rode through

Connecticut to count noses, and reported that he could raise a force of

ten thousand men. Meanwhile the routine business of the country went on

with but slight modification, though according to the stamp act nothing

that was done without a stamp was good in law. But it appeared, upon

experiment, that if the law was in the people it could be dispensed

with on paper. And wherever you went, you found a population smilingly

clad in homespun.

Would England repeal the act? The House of Lords voted in favor of

enforcing it, February, 1766. In the Commons, General Howard declared

that if it were passed, rather than imbrue his hands in the blood of

his countrymen, he would sheathe his sword in his own body. The House

divided two to one against the repeal. The king said he was willing to

modify, but not to repeal it. On the 13th Franklin was summoned to the

bar. He showed why the colonies could not and would not pay the tax,

and that, unless it were repealed, their affection for England, and the

commerce depending thereon, would be lost. Would America pay a modified

stamp duty?--he was asked; and bravely replied, "No: never: they will

never submit to it." But could not a military force carry the act into

effect?--"They cannot force a man to take stamps who chooses to do

without them," was the answer. He added that the colonists thought it

hard that a body in which they were not represented should make a merit

of giving what was not its own but theirs. He affirmed a difference

between internal and external taxation, because the former could not be

evaded, whereas articles of consumption, on which the duty formed part

of the price, could be dispensed with at will. "But what if necessaries

of life should be taxed?" asked Grenville, thinking he had Franklin on

the hip. But the American sage crushingly replied, "I do not know a

single article imported into the colonies but what they can either do

without it, or make it for themselves."

In the final debates, Pitt, called on to say whether, should total

repeal be granted, in compliance with American menaces of resistance,

the consequence would not be the overthrow of British authority in

America, gave his voice for repeal as a right. Grenville, on the other

hand, thought that America should learn that "prayers are not to be

brought to Caesar through riot and sedition." The vote for repeal, and

against modified enforcement, was two hundred and seventy-five to one

hundred and sixty-seven. The dissenting members of the Lords signed a

protest, because, should they assent to the repeal merely because it

had passed the lower house, "we in effect vote ourselves useless." This

suggests the "Je ne vois pas la nécessité" of the French epigrammatist.

The Lords took themselves too seriously. Meanwhile, Bow bells were

rung, Pitt was cheered, and flags flew; the news was sent to America in

fast packets, and the rejoicing in the colonies was great. Prisoners

for debt were set free, there were illuminations and bonfires, and

honor was paid to Pitt, Camden, Barre, and to the king, who was eating

his heart with vexation fit having been compelled to assent to what he

called "the fatal repeal."

The History of the United States from 1492 to 1910, Volume 1 From Discovery of America October 12, 1492 to Battle of Lexington April 19, 1775 · 第 29 / 34 段