CHAPTER III

THE DISRUPTION OF THE EMPIRE, 1773-1776

When the news reached England that the people of the town of Boston had

thrown the tea of the East India Company into the harbour, the patience

of the North ministry, already severely strained, reached an end. Its

members felt--and most of the English people felt with them--that to

submit to such an act of violence was impossible. Every consideration

of national dignity demanded that Boston and its rioters should be

punished, and that the outrage done to the East India Company should

receive atonement. Hitherto, they said, the contumacious colonists had

been dealt with chiefly by arguments, reproofs, and, as it seemed to

most Englishmen, with concessions and kindnesses which had won only

insult and violence.

It was resolved to make an example of the delinquent community; and the

first step was to humiliate its representative, Benjamin Franklin.

Ever since 1765 he had been residing in England, respected as a

philosopher and admired as a wit, bearing a sort of diplomatic

character through his position as agent for the assemblies of

Massachusetts, Pennsylvania, and Georgia. In close {52} association

with the Whig opposition, he was undoubtedly the best-known American,

and among the most influential. Now, in 1774, having to present a

petition from Massachusetts to the Privy Council for the removal of

Lieutenant-Governor Hutchinson, Franklin found it an awkward feature of

the case that the colony's charges were based on private letters which

he himself had in some way acquired and sent to Boston. The Court

party determined to crush him, and at the hearing put forward

Wedderburn, the Solicitor-General--a typical King's Friend--who passed

over the subject of the petition to brand Franklin in virulent

invective as a thief and scoundrel. Amidst general applause, the

petition was rejected as false and scandalous, and Franklin was

dismissed from his position of colonial Postmaster-General.

When Parliament met, it was instantly made clear that the sole idea

controlling King, Cabinet, and the majority of Members was to bring the

Massachusetts colonists to their senses by severe punitive legislation.

The Whig opposition did not attempt to defend the destruction of the

tea; but it spared no effort to make the Ministers see the folly of

striking at effects and ignoring causes. In a masterly speech of April

19, 1774, Burke showed that the insistence on submission regardless of

the grievances and of the nature {53} of the colonists was a dangerous

and absurd policy, and Pownall and Chatham repeated his arguments, but

without avail. The Ministerial party saw no danger, and felt nothing

but the contempt of an irritated aristocracy. The original ideals of a

general colonial reform were now lost sight of; the men responsible for

them had all passed off the stage; Grenville, Townshend, and Halifax

were dead, and North, careless and subservient to George III,

Hillsborough, Suffolk, Sandwich, and Rochford--all noblemen, and in

many cases inefficient--did not see beyond the problem of coercing

noisy and troublesome rioters, indistinguishable from the followers of

Wilkes. Over and over again they reiterated that the colonists'

resentment was not to be feared, that they would submit to genuine

firmness, that they were all cowardly and dared not resist a few

regular troops. Lord George Germaine earned the thanks of Lord North

by declaring that the colonists were only "a tumultuous and noisy

rabble," men who ought to be "following their mercantile employment and

not attempting to govern." Not a gleam of any other statesmanship

appears in any of the Ministerial speeches than that displayed in the

determination to exact complete submission.

There were passed, accordingly, by the full Ministerial majority, five

measures known as {54} the Coercive Acts, or, in America, as the Five

Intolerable Acts. The first one punished Boston by closing the port to

all trade until the offending town should recompense the East India

Company for the tea destroyed. The next altered the government of

Massachusetts Bay by making the councillors appointive instead of

elective, by placing the appointment and removal of all judicial

officers entirely in the hands of the governor, by placing the

selection of jurors in the hands of the sheriffs and prohibiting

town-meetings--apart from the annual one to elect officers--without the

governor's permission. A third Act authorized the transfer to England

for trial of British officers charged with murder committed while in

discharge of their duties. A fourth Act re-established the system of

quartering troops.

The fifth Act reorganized the province of Quebec, whose government,

under the Proclamation of 1763, had proved defective in several

respects. The legal institutions of the new colony were not well

adapted to the mixed French and British inhabitants, and the religious

situation needed definition. The Quebec Act altered the government of

the province by the creation of an appointive council, authorized the

Catholic Church to collect tithes, and allow the French to substitute

an oath of allegiance for the oath of {55} supremacy. Moreover, French

civil law was permitted to exist. At the same time the boundaries of

the province were extended into the region west of the mountains so as

to include the lands north of the Ohio River.

With the passage of these Acts, the original causes for antagonism were

superseded. The commissioners of customs might have enforced the

Navigation Acts indefinitely; the objectionable Tea Act might have

stood permanently on the statute-book; but, without a more tangible

grievance, it is not easy to conceive of the colonists actually

beginning a revolution. The time had now come when a more serious

issue was raised than the right of Parliament to collect a revenue by a

tariff in the colonies. If Parliament was to be allowed to crush the

prosperity of a colonial seaport, to centralize a hitherto democratic

government created by a royal charter, and to remove royal officers

from the scope of colonial juries, it was clear that the end of all the

powers and privileges wrung from royal or proprietary governors by

generations of struggle was at hand. Yet the striking feature in this

punitive legislation was that the North Ministry expected it to meet no

resistance, although its execution, so far as the government of

Massachusetts was concerned, rested on the consent of the colonists.

There was, under the British {56} system, no administrative body

capable of carrying out these laws, no military force except the few

regiments in Boston, and no naval force beyond a few frigates and

cruisers. The mere passage of the laws, according to North and to Lord

Mansfield, was sufficient to bring submission.

Nothing more clearly shows the profound ignorance of the Tory Ministry

than this expectation, for it was instantly disappointed. At the news

of the Acts, the response from America was unanimous. Already the

colonial Whigs were well organized in committees of correspondence, and

now they acted not merely in Massachusetts but in every colony. The

town of Boston refused to vote compensation, and was immediately closed

under the terms of the Port Act. Expressions of sympathy and gifts of

provisions came pouring into the doomed community; while public

meetings, legislatures, political leaders and clergymen, in chorus

denounced the Acts as unconstitutional, cruel, and tyrannous. The

Quebec Act, extending the Catholic religion and French law into the

interior valley under despotic government, was regarded as scarcely

less sinister than the Regulating Act itself.

Under the efficient organization of the leaders a Continental Congress

met in Philadelphia in October, 1774, to make united {57} protest.

This body, comprising without exception the most influential men in the

colonies, presented a clear contrast to Parliament in that every man

was the representative of a community of freemen, self-governing and

equal before the law. The leaders did not regard themselves in any

sense as revolutionaries. They were simply delegates from the separate

colonies, met to confer on their common dangers. Their action

consisted in the preparation of a petition to the King, addresses to

the people of England, the people of Quebec, and the people of the

colonies, but not to Parliament, since they denied its right to pass

any such laws as those under complaint. The Congress further drew up a

declaration of rights which stated sharply the colonial claims, namely,

that Parliament had no right to legislate for the internal affairs of

the separate colonies. It also adopted a plan for putting commercial

pressure on England by forming an Association whose members pledged

themselves to consume no English products, and organize committees in

every colony to enforce this boycott. The leaders in the body were

destined to long careers of public prominence--such men as George

Washington, Lee, and Patrick Henry of Virginia, Rutledge of South

Carolina, Dickinson of Pennsylvania, Jay of New York, Samuel and John

Adams of {58} Massachusetts. They differed considerably in their

temper, the Massachusetts men being far more ready for drastic words

and deeds than the others; but they held together admirably. If such

protests as theirs could not win a hearing in England, it was hardly

conceivable that any could.

Meanwhile the situation gave signs of being more explosive in reality

than the respectful words of the Congress implied. In Massachusetts,

the town of Boston showed no sign of submitting, and endured distress

and actual starvation, although much cheered by gifts of food from all

parts of the continent. The new government under the Regulating Act

proved impossible to put into operation, for the popular detestation

was visited in such insulting and menacing forms that the new

councillors and judges dared not serve. More radical action followed.

When Gage, having caused the election of a legislature, prorogued it

before it had assembled, the members none the less gathered. Declaring

that the Regulating Act was invalid, they elected a council, appointed

a committee of safety, and named a receiver of taxes. On February 1,

1775, a second Provincial Congress was chosen by the towns, which had

not even a nominal sanction by the governor. The colony was, in fact,

in peaceful revolution, for Gage found himself unable to collect {59}

taxes or to make his authority respected as governor beyond the range

of his bayonets. Equally significant was it that in several other

colonies, where the governors failed to call the legislatures,

provincial congresses or conventions were spontaneously elected to

supervise the situation and choose delegates to the Continental

Congress.

So deep was the popular anger in Massachusetts Bay that the collection

of arms and powder and the organization of militia were rapidly begun.

Clearly, the Massachusetts leaders were preparing to persist to the

verge of civil war. But by this time there began to be felt in the

colonies a countercurrent of protest. As the situation grew darker,

and men talked openly of possible separation unless the intolerable

wrongs were redressed, all those whose interests or whose loyalty

revolted at the idea of civil war became alarmed at the danger. Soon

men of such minds began to print pamphlets, according to the fashion of

the time, and to attempt to prevent the radicals from pushing the

colonies into seditious courses. But the position of these

conservatives was exceedingly difficult, for they were obliged to

apologize for the home country at a time when every act on the part of

that country indicated a complete indifference to colonial prejudices.

Their arguments against {60} revolution or independence left, after

all, no alternative except submission. Denounced as Tories by the

hotter radicals, they found themselves at once more and more alarmed by

the daring actions of the Whigs, and more detested by the excited

people of their communities.

The action of the British government after these events showed no

comprehension of the critical situation into which they were rushing.

George III and North secured in the election of 1774 a triumphant

majority of the Commons, and felt themselves beyond reach of danger at

home. The arguments of the colonists, the protests of the Continental

Congress, fell upon indifferent ears. Although Burke and Chatham

exerted themselves with astonishing eloquence in the session of

Parliament which began in November 1774, the Whig motions for

conciliation were voted down by the full Ministerial majority.

Petitions from merchants, who felt the pressure of the Non-importation

Association, were shelved. So far as the policy of the Ministry may be

described, it consisted of legislation to increase the punishment of

Massachusetts Bay and extend it to other colonies, and to offer a

conditional exemption from Parliamentary taxation. Both houses of

Parliament declared Massachusetts Bay to be in rebellion, and voted to

{61} crush all resistance. An Act was passed on March 30, to restrain

the trade of New England, shutting off all colonial vessels from the

fisheries, and forbidding them to trade with any country but England or

Ireland. By a second Act, in April, this restriction was extended to

all the colonies except New York and Georgia. The only purpose of this

Act was punitive. Every step was fought by the Whig opposition, now

thoroughly committed to the cause of the colonists, but their arguments

had the inherent weakness of offering only a surrender to the

colonists' position which the parliamentary majority was in no mood to

consider. In fact it was only with great difficulty and after a stormy

scene that North induced his party to vote a so-called conciliatory

proposition offering to abstain from taxing any colony which should

make such a fixed provision for civil and judicial officers as would

satisfy Parliament.

It was only a few days after the passage of the restraining Acts by

Parliament that the long-threatened civil war actually broke out in

Massachusetts. General Gage, aware of the steady gathering of powder

and war material by the revolutionary committee of safety, finally came

to the conclusion that his position required him to break up these

threatening bases of supplies. On April 19, 1775, he sent out a force

of 800 men to {62} Lexington and Concord--towns a few miles from

Boston--with orders to seize or destroy provisions and arms. They

accomplished their purpose, after dispersing with musketry a squad of

farmers at Lexington, but were hunted back to Boston by many times

their number of excited "minute men," who from behind fences and at

every crossroad harassed their retreat. A reinforcement of 1500 men

enabled the raiding party to escape, but they lost over 800 men, and

inflicted a total loss of only 90 in their flight.

Thus began the American Revolution, for the news of this day of bloody

skirmishing, as it spread, started into flame the excitement of the

colonial Whigs. From the other New England colonies men sprang to

arms, and companies marched to Boston, where they remained in rude

blockade outside the town, unprovided with artillery or military

organization, but unwilling to return to their homes. From the

hill-towns, a band of men surprised Fort Ticonderoga on Lake Champlain,

taking the cannon for use around Boston. In every other colony militia

were organized, officers chosen and arms collected, and almost

everywhere, except in Quaker Pennsylvania and in proprietary Maryland,

the governors and royal officials fled to the seacoast to take refuge

in royal ships of war, or resigned their positions at the command {63}

of crowds of armed "minute men." Conventions and congresses, summoned

by committees of safety, were elected by the Whigs and assumed control

of the colonies, following the example of Massachusetts. The British

colonial government, in short, crumbled to nothing in the spring of

1775. Only Gage's force of a few regiments, shut up in Boston, and a

few naval vessels, represented the authority of England in America.

Again there met a Continental Congress at Philadelphia, whose duty it

was to unify colonial action and to give the colonial answer to the

late parliamentary acts. Once more the ablest men of the colonies were

present, now gravely perturbed over the situation, and divided into two

camps. On the one hand, most of the New Englanders, led by Samuel

Adams and John Adams, his cousin, felt that the time for parley was at

an end, that nothing was to be hoped for from the North Ministry, and

that the only reasonable step was to declare independence. Others

still hoped that George III would realize the extent of the crisis and

be moved to concessions, while yet others, who hoped little, thought

that one more effort should be made to avoid revolution. But none

dreamed of surrender. Of the growing number of Americans who recoiled

in horror from {64} the possibility of independence, and were beginning

to show their dread in every way, not one was in this body. It

represented only the radicals in the several colonies.

The Congress has been charged with inconsistency, for some of its

measures were impelled by the most radical members, others by the

conservatives. On the one hand, it declined to adopt a form of

federation suggested by Franklin, and authorized Dickinson to draw up a

final, respectful, almost obsequious petition to the King to avoid

war--a document called the "Olive Branch"; but, on the other hand, it

appointed Washington to command the troops near Boston as a Continental

commander, adopted a report censuring the conciliatory proposition in

bold language, and issued an address justifying with extravagant

rhetoric the taking up of arms. Still more daring, it went so far as

to arrange to pay the so-called "Continental army" by means of bills of

credit, redeemable by the united colonies. Later, in 1775, it

appointed a secret committee to correspond with friends abroad, and

undertook extensive measures for raising troops and accumulating

military stores. To the revolted colonies, who found themselves with

no legal authorities, it gave the advice to form such governments as

would secure peace and good order during the continuance {65} of the

existing dispute, a step which was promptly taken by several.

Fighting meanwhile went on. General Gage, on June 17, undertook to

drive from Charlestown, across the harbour from Boston, a body of about

1,500 provincial troops who had intrenched themselves on Breed's Hill.

In all, about 3,000 British were brought to the attack, while gunboats

raked the peninsula between Charlestown and the mainland, hindering the

arrival of reinforcements. With true British contempt for their

adversaries, the lines of red-uniformed troops marched under the hot

sun up the hill, to be met with a merciless fire at short range from

the rifles, muskets, and fowling pieces of the defenders. Two frontal

attacks were thus repelled with murderous slaughter; but a third

attack, delivered over the same ground, was pushed home, and the

defenders were driven from their redoubt. Never was a victory more

handsomely won or more dearly bought. The assailants lost not less

than 1,000 out of 3,000 engaged, including 92 officers. The Americans

lost only 450, but that was almost as large a proportion. It was

obvious to any intelligent officer that the Americans might have been

cut off from behind and compelled to surrender without being attacked;

but Gage and his subordinates were anxious to teach the rebels a

lesson. The {66} result of this action, known in history as "Bunker

Hill," was to render him and nearly all the officers who served against

Americans unwilling ever again to storm intrenchments. They discovered

that, as Putnam, who commanded part of the forces, observed, the

militia would fight well if their legs were covered. They were later

to discover the converse, that with no protection militia were almost

useless.

From this time the British force remained quietly in Boston, fed and

supplied from England at immense cost, and making no effort to attack

the miscellaneous levies which General Washington undertook to form

into an army during the summer and autumn. Nothing but the inaction of

the British made it possible for Washington's command to remain, for

they lacked powder, bayonets, horses and, most serious of all, they

lacked all military conceptions. The elementary idea of obedience was

inconceivable to them. Washington's irritation over the perfectly

unconcerned democracy of the New Englanders was extreme; but he showed

a wonderful patience and tenacity, and by sheer persistence began to

create something like a military organization. Yet, even after months

of drill and work the army remained little more than an armed mob. At

length, in March, 1776, Washington managed to {67} place a force on

Dorchester heights, which commanded the harbour from the south. At

first Gage had some idea of attacking, but storms intervened; and

finally, without another blow, he evacuated the city and sailed with

all his force to Halifax. So ended a siege which ought never to have

lasted a month had the British generals been seriously minded to break

it up.

Other military events consisted of a few skirmishes in Virginia and

North Carolina, where the governors managed to raise small forces of

loyalists, who were thoroughly defeated by the Whig militia, and of a

gallant but hopeless attempt by the rebels to capture Canada. After

some futile efforts on the part of Congress to induce the French to

revolt, two bodies of men, in the autumn of 1775, made their way across

the border. One, entering Canada by way of Lake Champlain, occupied

Montreal, and then advanced against Quebec, where it was joined by the

other, which, with great hardships, had penetrated through the

wilderness of northern Maine. The commanders, Richard Montgomery,

Benedict Arnold, and Daniel Morgan of Virginia, were men of daring, but

their force, numbering not more than 1,000, was inadequate; and, after

the failure of an effort to carry the place by surprise on the night of

December 31--in which Montgomery was {68} killed and Morgan

captured--they were unable to do more than maintain a blockade outside

the fortress.

The action of the North Ministry during these months showed no

deviation from its policy of enforcing submission. The Olive Branch

petition was refused a reception, and a proclamation was issued

declaring the colonies in rebellion and warning all subjects against

traitorous correspondence. When Parliament met in November, 1775, the

opposition, led as usual by Burke, made one more effort to avoid civil

war; but the Ministerial party rejected all proposals for conciliation,

and devoted itself to preparing to crush the rebellion. On December

22, an Act became law which, if enforced, would have been a sentence of

death to all colonial economic life. It superseded the Boston Port Act

and the restraining Acts, absolutely prohibited all commerce with the

revolted colonies, and authorized the impressment into the navy of all

seamen found on vessels captured under the Act.

Military and naval preparations were slow and costly. The Admiralty

and War Office, unprepared for a general war, had insufficient troops

and sailors, and had to collect or create supplies and equipment. The

Earl of Sandwich showed activity but slight capacity as First Lord of

the Admiralty. Viscount {69} Barrington had been Secretary at War

under Pitt during the French war, but he lacked force and influence.

Hence, although Parliament voted 50,000 troops, there was confusion and

delay. To secure a prompt supply of men, the Ministry took the step of

hiring German mercenaries from the lesser Rhine princes--Hesse,

Waldeck, and others,--at a rate per head with a fixed sum for deaths.

This practice was customary in wars when England was obliged to protect

Hanover from the French; but to use the same method against their own

kindred in America was looked upon with aversion by many English, and

aroused ungovernable indignation in all Americans. It seemed to show a

callousness toward all ties of blood and speech which rendered any hope

of reconciliation futile. The war was not, in fact, popular in

England. The task of conquering rebels was not relished by many, and

officers and noblemen of Whig connections in some cases resigned their

commissions rather than serve. The parliamentary opposition denounced

the war with fiery zeal as an iniquity and a scandal. Nevertheless,

the general opinion in England supported the Ministry in its

determination to assert the national strength; for the colonial

behaviour seemed to the average Englishman as nothing more or less than

impudent sedition, to yield to which would be disgrace.

{70}

To the Americans, the British action in 1776 showed that the only

alternatives were submission or fighting; and, if the latter must be

chosen, then it was the feeling of a growing number that independence

was the only outcome. There now went on a contest between

conservatives, including on one side those who opposed all civil war,

those who were willing to fight to defend rights but who were unwilling

to abandon hopes of forcing England to surrender its claims, and those

whose businesses and connections were closely interwoven with the

mother country and all the radicals on the other. Unfortunately for

the conservatives they had only fear, or sentiment, for arguments,

since the North Ministry gave them nothing to urge upon doubtful men.

Still more unfortunately, they were, as a rule, outside the

revolutionary organizations of conventions and committees, and were

themselves without means of co-operating.

In the excitement and tension of the time, the ruder and rougher

classes tended to regard all reluctance to join in the revolution as

equivalent to upholding the North policy, and to attack as Tories all

who did not heartily support the revolutionary cause. Violence and

intimidation rapidly made themselves felt. Loyalists were threatened,

forced by mobs to sign the Association; their houses {71} were defiled,

their movements watched. Then [Transcriber's note: Their?] arms were

taken from them, and if they showed anger or temper they were

occasionally whipped or even tarred and feathered. In this way a

determined minority backed by the poorer and rougher classes, overrode

all opposition and swelled a rising cry for independence.

The Congress was slow, for it felt the need of unanimity; and such

colonies as New York and Pennsylvania were controlled by moderates.

But at length, in June, 1776, spurred on by the Virginia delegates and

by the tireless urgings of the Massachusetts leaders, the body acted.

Already some of the colonies had adopted constitutions whose language

indicated their independence. Now the Continental Congress, after a

final debate, adopted a Declaration of Independence, drafted by

Jefferson of Virginia and supported by the eloquence of John Adams and

the influence of Franklin. Basing their position on the doctrines of

the natural right of men to exercise full self-government and to change

their form of government when it became oppressive, the colonies, in

this famous document, imitated the English Declaration of Rights of

1689 in drawing up a bill of indictment against George III's

government. In this can be discovered every cause of resentment and

every variety of {72} complaint which the thirteen colonies were ready

to put forward. Practically all were political. There were allusions

in plenty to the wrangles between governors and assemblies,

denunciations of the parliamentary taxes and the coercing Acts, but no

reference to the Acts of Trade. To the end, the colonists, even in the

act of declaring independence, found their grievances in the field of

government and not in economic regulation. What they wanted was the

unrestricted power to legislate for themselves and to tax or refrain

from taxing themselves. When these powers were diminished, their whole

political ideal was ruined, and they preferred independence to what

they considered servitude. Such ideas were beyond the comprehension of

most Englishmen, to whom the whole thing was plain disloyalty, however

cloaked in specious words and glittering generalities.

It has been said that the rupture was due to a spirit of independence

in America which, in spite of all disclaimers, was determined to be

entirely free from the mother country. Such was the assertion of the

Tories and officials of the time, and the same idea is not infrequently

repeated at the present day. But the truth is that the colonists would

have been contented to remain indefinitely in union with England,

subjects of the British {73} crown, sharers of the British commercial

empire, provided they could have been sure of complete local

self-government. The independence they demanded was far less than that

now enjoyed by the great colonial unions of Canada, Australia, and

South Africa. It may be assumed, of course, that unless Parliament

exercised complete authority over internal as well as external

matters--to employ the then customary distinction--there was no real

imperial bond. Such was the position unanimously taken by the North

Ministry and the Tories in 1776. But in view of the subsequent history

of the English colonies it seems hardly deniable that some relationship

similar to the existing colonial one might have been perpetuated had

the Whig policy advocated by Burke been adopted, and the right of

Parliament "to bind the colonies in all cases whatsoever" been allowed

to drop, in practice. The obstinate localism of the colonies was such

that not until a generation after the Revolution did a genuine American

national sentiment appear. The colonies were driven to act together in

1774-1776, but not to fuse, by a danger not to national but to local

independence. This fact indicates how sharply defined was the field

which the Americans insisted on having free from parliamentary

invasion. Had it been possible for England {74} to recognize this

fact, there would have been no revolution.

It is, of course, obvious that the traditional American view of the

Revolution as caused by tyranny and oppression is symbolical, if not

fictitious. The British government, in all its measures, from 1763 to

1774, was moderate, hesitating, and at worst irritating. Its action

threatened to destroy the practical independence of the colonial

assemblies; but the danger was political. Even the five "intolerable

Acts" inflicted hardship on the town of Boston alone. It was not until

the year 1775, when Parliament imposed severe commercial restrictions,

that anything resembling actual oppression began; but by that time the

colonies were in open revolt.

This fact only emphasizes, as Burke pointed out, the criminal folly of

the North Ministry in allowing the situation to become dangerous. It

was the misfortune of the British people in the eighteenth century

that, in the critical years after 1767, George III and his Ministers

were unable to conceive of any value in colonies which were not in the

full sense dependencies, and were narrowly limited by the economic

ideas of their time and the social conventions of their class. Since

the colonies had developed, unchecked, their own political life under

British government, it was not their duty humbly to {75} surrender all

that had come to be identical with liberty in their eyes. It was the

duty of British statesmen to recognize the situation and deal with it.

This they failed to do, and the result was revolution.

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