CHAPTER II

WRITS OF ASSISTANCE AND THE STAMP ACT

The men who, whether in America or England, took sides with the king or

the colonies as Tories and Whigs, or as "prerogative men" and "friends

of liberty," fall naturally into two classes. A line of cleavage could

be seen at the time, and can even be traced now, among the supporters of

either side, according as they followed principle or self-interest.

There were those who sought profit in supporting the colonies, as well

as those who knowingly faced loss in defending the king. It is well for

Americans to remember, therefore, that while many sided with the king

for what they could get, there were others whose minds could not

conceive a country without a king, or a subject with inalienable rights.

The best of the Tories honestly believed the Whig agitation to be

"unnatural, causeless, wanton, and wicked."[10] Such Americans were, in

the inevitable struggle, truly martyrs to their beliefs.

Nevertheless, just as there was naturally more profit or prominence (and

the two were often the same) on the king's side, so his party had the

more self-seekers. "The cause is not worth dying for," said Ingersoll,

facing the Connecticut farmers, and spoke the sentiment of all the

stamp-officers who resigned their positions at the demand of the people.

The cause, however, did seem worth working for. There were many, in

England and America, who, like those whom Otis saw around him, "built

much upon the fine salaries they should receive from the plantation

branch of the revenue." Position, pay, and the chance to exploit the

revenues as this was done in England, were the temptations which brought

many to the side of the king, and which made men unite to urge upon him

the acts which he desired for less selfish reasons.

Urged by principle, then, or excited by self-interest, the proposers of

new measures were strong. The earliest act of the king's reign showed

what could and what would be done, and brought upon the Boston stage the

first of the actors in the drama. On the one hand were the governor, the

justices, and the minor officials, on the other the people's

self-appointed--but willingly accepted--leaders.

Francis Bernard was the first Massachusetts governor under George III.

Bernard arrived August 2, 1760; the old king died on October 25; and in

November the customs officials, stimulated by orders from home to

enforce the provisions of the Sugar Act of 1733, petitioned for "writs

of assistance," to empower them to summon help in forcible entries in

search of smuggled goods. Now there can be no doubt that there was

smuggling in the colony, even in Boston itself. On the other hand, the

officials were inquisitorial and rapacious. Once they were armed with

writs of assistance, no dwelling would be safe from entry by them. The

struggle was at once begun, and in the council chamber of the old Town

House was fought out before the eyes of the province.

The scene is pictured on the walls of the modern State House. Chief

among the justices sat Thomas Hutchinson, a man of property and

education, and an excellent historian, but the very type of

office-holder, and by prejudice and interest a partisan of the king.

Against him stood James Otis, the first of the Massachusetts orators of

liberty, a man of good family, and, like so many of the patriot leaders,

a lawyer. His speech was the first definite pronouncement for a new

order of things.

"I am determined," he said, "to sacrifice estate, ease, health,

applause, and even life, to the sacred calls of my country." He referred

to the "kind of power, the exercise of which cost one king of England

his head and another his throne." Such language, publicly spoken, was

new. His argument was, to Englishmen, irrefutable. No precedent, no

English statute, could stand against the Constitution. "This writ, if

declared legal, totally annihilates" the privacy of the home.

"Custom-house officers might enter our houses when they please, and we

could not resist them. Upon bare suspicion they could exercise this

wanton power.... Both reason and the Constitution are against this

writ.... Every act against the Constitution is void."[11] The speech,

continued for four hours, was a brilliant example of keen logic combined

with burning eloquence.

This is Otis's great service to the cause of the Revolution. Fiery and

magnetic, but moody and eventually unbalanced, he gave place in the

public confidence to men perhaps of lesser talents, but with equal zeal

and steadier purpose. Yet his service was invaluable. His speech

expressed for his countrymen the indignation of the hour, and it pointed

the way to younger men. To one at least of his hearers, John Adams, it

was "like the oath of Hamilcar administered to Hannibal."[12] To many it

was the final appeal that settled them in their patriotism. For history

the scene has been called the beginning of the Revolution.

Yet it had no immediate results, for Hutchinson--and the service was

forgotten by neither his friends nor his opponents--secured delay of

judgment in the case until the English courts could uphold him against

his wavering associates. Nevertheless, it is safe to assume that the

public indignation secured moderate measures on the part of the customs

officials, since we hear of few complaints. And the affair had its

influence on the public attitude toward the Stamp Act, five years later.

The Stamp Act was the first definite assertion of the right to tax

America. In 1763 the Sugar Act had been reenacted, but its provisions,

taxing only importations from foreign colonies, yielded little revenue.

The king's treasury was already feeling the drains upon it, and a pack

of eager office-seekers was clamoring to be let loose upon the revenues

of the colonies. Together the king and his friends pushed through

Parliament the legislation which was to secure their purposes. To meet

any such danger as in the recent French and Indian wars, ten thousand

soldiers were to be quartered on the colonies, which were to pay for

their maintenance. Certain sops to public sentiment were given, in the

shape of concessions, yet new restrictions were laid on foreign trade.

And finally and most important, a stamp-tax, the easiest to collect, was

laid on business and legal formalities of all kinds. After its passage

no land title might be passed, no legal papers issued, no ship might

clear from a home port, without a stamp affixed to the necessary

documents. Not even inheritances might be transferred, nor marriages be

legalized.

This was the first internal taxation laid by England on America. A word

is necessary as to the meaning of the phrase in those days. An external

tax, perhaps merely an export duty, was levied and paid in England; its

effect was seen in higher prices in the colonies. Internal taxation

would include all taxes actually paid in America on goods coming from

England. The provisions of the Sugar Act were regarded as "trade

restrictions," and not as intended to raise an English revenue.

There is perhaps no better place to discuss the justice of the

Revolution than right here. Even to-day the illegality, the utter

wrongfulness of the American position, is occasionally raised among us

by those who see the great obligations to the mother country under which

the colonies lay, and who recall the needless hardships suffered by the

wretched Tories, the martyrs of a lost cause. Doubtless wrongs were

inflicted in the course of the struggle, and the great expenditures of

England were in large part unrequited. But it must be remembered that

the world had not yet reached the point where the losers in a war were

gently treated, and that no amount of financial obligation will ever

compel to the acceptance of political servitude. By habit of mind and

force of circumstances America had developed a political theory

puzzlingly novel to the old world and as yet not thoroughly understood

by the new. It was upon this unformulated theory that all future

differences were to arise. It interfered in all affairs in which the

question arose: Should the colonies be governed, and especially should

they be taxed, without a voice in their own affairs?

No one in England doubted that Parliament had a right to tax America

without its consent. Customs restrictions were long familiar. As to

internal taxation, why, it was asked, should the colonies have a voice

in Parliament? Birmingham and Manchester, great centres of population,

were not represented, while that uninhabited heap of stones, Old Sarum,

sent a member to the Commons. Resting on these abuses, even Pitt and

Burke were content to argue that taxation of America was just. For them

it was a question whether that right should be exercised.

With the best will in the world to be on good terms with the mother

country, America could not agree in such reasoning. The case had nothing

to do with obligations. As for these, the colonists knew that England

would never have won against the French in Canada without their aid. But

that was not the question. Should those who for a hundred and

thirty-five years had paid no tax to England pay one now? Were the

people who for seventy years had drawn a fine distinction between paying

their governor of their own accord and paying him at the command of the

king, and who in every year of royal governorship had made their

contention plain--were they to be satisfied to pay taxes because

Birmingham did?

Undoubtedly there were other causes for discontent. "To me," says

Sabine, in the preface to his "American Loyalists," "the documentary

history, the state papers of the period teach nothing more clearly than

this, namely, that almost every matter brought into discussion was

practical, and in some form or other related to LABOR, to some branch

of COMMON INDUSTRY." He reminds us that twenty-nine laws limited

industry in the colonies, and concludes that "the great object of the

Revolution was to release LABOR from these restrictions." Undoubtedly

these restrictive laws had their effect upon the temper of the people.

Undoubtedly also there was much fear lest there should be established in

the colonies a bureaucracy of major and minor officials, corruptly, as

in England, winning fortunes for themselves. Yet the question of

taxation, a matter of merely theoretical submission, which produced no

hardship and would not impoverish the country, was the main cause of

trouble. The two branches of the race had long unconsciously parted

their ways, and the realization of it was upon them.

Upon the proposal of the Stamp Act the colonies did everything in their

power to prevent the passage of the bill. They urged that internal

taxation had never been levied before. Protests, arguments, and

petitions were sent across the water, but in vain. The Commons fell

back upon its custom "to receive no petition against a money bill," and

would listen to nothing. "We have the power to tax them, and we will tax

them."[13] And following this utterance of one of the ministry, the bill

was passed.

It is interesting to note that no resistance to the tax was expected.

Its operation was automatic; there was no hardship in its provisions; of

course the colonists would yield. Even Franklin, who should have known

his countrymen better, expected submission. "The sun is down," he wrote,

but "we may still light candles. Frugality and industry will go a great

way toward indemnifying us." His correspondent, Charles Thomson, had in

this case the truer foresight, and predicted the works of darkness.[14]

Throughout the colonies there was not only sorrow, but anger. When even

Hutchinson had protested against the Stamp Act, it can be seen how the

Whigs would feel. Non-importation agreements were widely signed, and

people accustomed to silks and laces prepared to go into homespun. But

the act, passed in February, 1765, was not to go into effect until

November. Before that date, much could be done.

What was done came from the lower as well as the upper classes. The

people acted promptly. One colony after another sent crowds to those who

had accepted, in advance, the positions of stamp-officers. One by one,

under persuasion or intimidation, the officers resigned until none were

left. In New York the governor fled to the military for protection, and

from the parapet of the fort looked helplessly on while the people burnt

before his eyes his own coach, containing images of himself and the

devil. But before this happened, Boston, first of all the capitals to

take a positive stand, began to draw upon itself the particular

resentment of the king.

Early in August came to Boston the news of the nomination of its

stamp-collector, Andrew Oliver, long prominent upon the Tory side. The

lower class of the inhabitants, after a week of delay, stirred itself to

action. On the 14th the image of Oliver was seen hanging on the bough of

a large elm, then known as the Great Tree. Hutchinson ordered the image

down, but as the sheriff did not act, Bernard summoned his council, and

until evening fruitlessly endeavored to urge them to action. Then the

populace, having themselves removed the image, came to the Town House,

and, passing directly through it, shouted to the council, still sitting

upstairs, "Liberty, property, and no stamps!" Proceeding with perfect

order, the crowd next tore down the frame of a building which Oliver was

suspected of raising to use as his office, and, carrying the beams to

Fort Hill, burnt them and the image before Oliver's house.

Hutchinson, who never lacked personal courage, called on the militia

colonel to summon his men and disperse the crowd, but the colonel

replied that his drummers were in the mob. Hutchinson then went with

the sheriff to order the crowd to disperse, but was himself forced to

depart in order to escape violence. The next day Bernard, the governor,

whose courage left him at the very thought of another such night, fled

to Castle William, behind whose ancient walls he considered himself

safe. Oliver hastily resigned his office, lest the mob should visit him

again.

[Illustration: THE HUTCHINSON HOUSE]

The people were not satisfied with the conduct of Hutchinson, who,

although he had actually opposed the passage of the Stamp Act, was

under suspicion of secretly abetting and profiting by it. After twelve

days there was a second outbreak; the mob began by burning the records

of the vice-admiralty court, went on to invade the house of the

comptroller of customs, and finally, worked to the usual pitch of a

mob's courage, attacked Hutchinson's house. With his family he escaped,

but the mob broke into the handsome mansion, and sacked it thoroughly.

His library, with priceless manuscripts concerning the history of the

colony, was scattered in the mud of the street.

This was the most disgraceful event that happened in Boston during all

the long period preceding the Revolution. It was due to popular feeling,

wrongly directed; and to new working-men's organizations, not as yet

understanding the task that was before them. These organizations, as yet

almost formless, and never so important that records were kept, called

themselves the Sons of Liberty, after a phrase used by Isaac Barre, in a

speech in Parliament opposing the Stamp Act. The tree on which they had

hung the image of Oliver was from this time called Liberty Tree.

The better class of Boston citizens at once, in a town meeting called

the following morning, declared their "detestation of these violent

proceedings," and promised to suppress them in future. We shall see that

one more such outbreak, and one only, was made by a Boston mob. There is

here suggested an unwritten, perhaps never to be written, chapter of the

history of this time. By what means did the Boston leaders, Samuel Adams

chief among them, manage to control the Boston workmen? However it was

done, by what conferences and through what reasoning, it is safe to say

that the loose organizations of the Sons of Liberty, and still another

set of clubs, the caucuses which met in various parts of the town, were

utilized to control the lower classes. We know the names of a few of the

leaders of the workmen: Edes the printer, Crafts the painter, and, most

noted of them all, Paul Revere the silversmith. These sturdy men, and

others in different trades, were the means of transmitting to the

artisans of Boston the thoughts and desires of the upper-class Whigs.

The organization was looser than that of a political party of to-day,

but as soon as it was completed, it produced a subordination, secrecy,

and self-control which cannot be paralleled in modern times.

The opposition to the Stamp Act continued. More formidable than mobs

were the actions of the town meetings and legislatures. Protests and

declarations were solemnly drawn up; for the first time was heard the

threat of disaffection. Representatives from nine provinces met in the

Stamp Act Congress, and passed resolutions against the new taxation.

It was impossible for England to ignore the situation. Reluctantly--it

was an act which the king never forgot nor forgave--more than a year

after its passage, when it was proved that its enforcement was

impossible, the Stamp Act was repealed.

This was the time for England to change her whole policy. Not Boston

alone, but all America, had declared against American taxation. The

principles of liberty had again and again been clearly pointed out.

Further, there would have been no disgrace in admitting a mistake. The

whole colonial question was new in human history, for Roman practice was

inadmissible. "The best writers on public law," reasoned Otis, "contain

nothing that is satisfactory on the natural rights of colonies.... Their

researches are often but the history of ancient abuses."[15] The natural

rights of man should have been allowed to rule, as in the course of

time, with England's other colonies, they came to do.

But, for better or for worse, sides had been taken. Few thought of

turning back. In England there were no breaks in the ranks of the king's

supporters; in America the office-holding class, the "best families,"

the people of settled income and vested rights, were as a rule,

selfishly or unselfishly, for the king. Already "mobocracy," "the

faction," "sedition," were familiar terms among them. England was ready

to take, and the American Tories were ready to applaud, the next step.

And Boston was being marked down as the most obnoxious of the towns of

America.[16]

FOOTNOTES:

[10] The adjectives are those of _Massachusettensis_, the ablest Tory

pamphleteer, as quoted in Frothingham's "Siege," 33.

[11] "Memorial History of Boston," iii, 5.

[12] "Memorial History of Boston," iii, 7.

[13] Bancroft's "United States," v, 247.

[14] Fiske, "American Revolution," illustrated edition, i, 17.

[15] Bancroft's "United States," v, 203.

[16] The Castle, or Castle William, referred to in this chapter, was the

old fort on Castle Island. It was never put to any other use than as a

barracks and magazine.

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