CHAPTER IV.

THE STAMP ACT, AND THE REVENUE LAWS.

It did not take four years after the peace of 1763 to show how rapidly

the new situation of affairs was bearing fruit in America. The war had

taught its lessons. Earlier wars had menaced portions of the frontier,

and had been fought by single colonies or alliances of two or three.

This war had menaced the whole frontier, and the colonies, acting for

the first time in general concert, had acquired some dim notion of their

united strength. Soldiers and officers by and by to be arrayed against

one another had here fought as allies,--John Stark and Israel Putnam by

the side of William Howe; Horatio Gates by the side of Thomas Gage,--and

it had not always been the regulars that bore off the palm for skill and

endurance. One young man, of immense energy and fiery temper, united to

rare prudence and fertility of resource, had already become famous

enough to be talked about in England; in George Washington the

Virginians recognized a tower of strength.

[Sidenote: Consequences of the great French War.]

[Sidenote: Need for a steady revenue.]

The overthrow of their ancient enemy, while further increasing the

self-confidence of the Americans, at the same time removed the

principal check which had hitherto kept their differences with the

British government from coming to an open rupture. Formerly the dread of

French attack had tended to make the Americans complaisant toward the

king's ministers, while at time it made the king's ministers unwilling

to lose the good will of the Americans. Now that the check was removed,

the continuance or revival of the old disputes at once foreboded

trouble; and the old occasions for dispute were far from having ceased.

On the contrary the war itself had given them fresh vitality. If money

had been needed before, it was still more needed now. The war had

entailed a heavy burden of expense upon the British government as well

as upon the colonies. The national debt of Great Britain was much

increased, and there were many who thought that, since the Americans

shared in the benefits of the war they ought also to share in the burden

which it left behind it. People in England who used this argument did

not realize that the Americans had really contributed as much as could

reasonably be expected to the support of the war, and that it had left

behind it debts to be paid in America as well as in England. But there

was another argument which made it seem reasonable to many Englishmen

that the colonists should be taxed. It seemed right that a small

military force should be kept up in America, for defence of the

frontiers against the Indians, even if there were no other enemies to be

dreaded. The events of Pontiac's war now showed that there was clearly

need of such a force; and the experience of the royal governors for half

a century had shown that it was very difficult to get the colonial

legislatures to vote money for any such purpose. Hence there grew up in

England a feeling that taxes ought to be raised in America as a

contribution to the war debt and to the military defence of the

colonies; and in order that such taxes should be fairly distributed and

promptly collected, it was felt that the whole business ought to be

placed under the direct supervision and control of parliament. In

accordance with this feeling the new prime minister, George Grenville in

1764 announced his intention of passing a Stamp Act for the easier

collection of revenue in America. Meanwhile things had happened in

America which had greatly irritated the people, especially in Boston, so

that they were in the mood for resisting anything that looked like

encroachment on the part of the British government. To understand this

other source of irritation, we must devote a few words to the laws by

which that government had for a long time undertaken to regulate the

commerce of the American colonies.

[Sidenote: What European colonies were supposed to be founded for.]

When European nations began to plant colonies in America, they treated

them in accordance with a theory which prevailed until it was upset by

the American Revolution. According to this ignorant and barbarous

theory, a colony was a community which existed only for the purpose of

enriching the country which had founded it. At the outset, the Spanish

notion of a colony was that of a military station, which might plunder

the heathen for the benefit of the hungry treasury of the Most Catholic

monarch. But this theory was short-lived, like the enjoyment of the

plunder which it succeeded in extorting. According to the principles and

practice of France and England--and of Spain also, after the first

romantic fury of buccaneering had spent itself--the great object in

founding a colony, besides increasing one's general importance in the

world and the area of one's dominions on the map, was to create a

dependent community for the purpose of trading with it. People's ideas

about trade were very absurd. It was not understood that when two

parties trade with each other freely, both must be gainers, or else one

would soon stop trading. It was supposed that in trade, just as in

gambling or betting, what the one party gains the other loses.

Accordingly laws were made to regulate trade so that, as far as

possible, all the loss might fall upon the colonies and all the gain

accrue to the mother-country. In order to attain this object, the

colonies were required to confine their trade entirely to England. No

American colony could send its tobacco or its rice or its indigo to

France or to Holland, or to any other country than England; nor could it

buy a yard of French silk or a pound of Chinese tea except from English

merchants. In this way English merchants sought to secure for themselves

a monopoly of purchases and a monopoly of sales. By a further provision,

although American ships might take goods to England, the carrying-trade

between the different colonies was strictly confined to British ships.

Next, in order to protect British manufacturers from competition, it was

thought necessary to prohibit the colonists from manufacturing. They

might grow wool, but it must be carried to England to be woven into

cloth; they might smelt iron, but it must be carried to England to be

made into ploughshares. Finally, in order to protect British farmers and

their landlords, corn-laws were enacted, putting a prohibitory tariff on

all kinds of grain and other farm produce shipped from the colonies to

ports in Great Britain.

Such absurd and tyrannical laws had begun to be made in the reign of

Charles II., and by 1750 not less than twenty-nine acts of parliament

had been passed in this spirit. If these laws had been strictly

enforced, the American Revolution would probably have come sooner than

it did. In point of fact they were seldom strictly enforced, because so

long as the French were a power in America the British government felt

that it could not afford to irritate the colonists. In spite of laws to

the contrary, the carrying-trade between the different colonies was

almost monopolized by vessels owned, built, and manned in New England;

and the smuggling of foreign goods into Boston and New York and other

seaport towns was winked at.

[Sidenote: Writs of assistance.]

It was in 1761, immediately after the overthrow of the French in Canada,

that attempts were made to enforce the revenue laws more strictly than

heretofore; and trouble was at once threatened. Charles Paxton, the

principal officer of the custom-house in Boston, applied to the Superior

Court to grant him the authority to use "writs of assistance" in

searching for smuggled goods. A writ of assistance was a general

search-warrant, empowering the officer armed with it to enter, by force

if necessary, any dwelling-house or warehouse where contraband goods

were supposed to be stored or hidden. A special search-warrant was one

in which the name of the suspected person, and the house which it was

proposed to search, were accurately specified, and the goods which it

was intended to seize were as far as possible described. In the use of

such special warrants there was not much danger of gross injustice or

oppression, because the court would not be likely to grant one unless

strong evidence could be brought against the person whom it named. But

the general search-warrant, or "writ of assistance," as it was called

because men try to cover up the ugliness of hateful things by giving

them innocent names, was quite a different affair. It was a blank form

upon which the custom-house officer might fill in the names of persons

and descriptions of houses and goods to suit himself. Then he could go

and break into the houses and seize the goods, and if need be summon the

sheriff and his _posse_ to help him in overcoming and browbeating the

owner. The writ of assistance was therefore an abominable instrument of

tyranny. Such writs had been allowed by a statute of the evil reign of

Charles II.; a statute of William III. had clothed custom-house officers

in the colonies with like powers to those which they possessed in

England; and neither of these statutes had been repealed. There can

therefore be little doubt that the issue of such search-warrants was

strictly legal, unless the authority of Parliament to make laws for the

colonies was to be denied.

[Sidenote: James Otis.]

James Otis then held the crown office of advocate-general, with an ample

salary and prospects of high favour from government. When the revenue

officers called upon him, in view of his position, to defend their

cause, he resigned his office and at once undertook to act as counsel

for the merchants of Boston in their protest against the issue of the

writs. A large fee was offered him, but he refused it. "In such a

cause," said he, "I despise all fees." The case was tried in the

council-chamber at the east end of the old town-hall, or what is now

known as the "Old State-House," in Boston. Chief-justice Hutchinson

presided, and Jeremiah Gridley, one of the greatest lawyers of that day,

argued the case for the writs in a very powerful speech. The reply of

Otis, which took five hours in the delivery, was one of the greatest

speeches of modern times. It went beyond the particular legal question

at issue, and took up the whole question of the constitutional relations

between the colonies and the mother-country. At the bottom of this, as

of all the disputes that led to the Revolution, lay the ultimate

question whether Americans were bound to yield obedience to laws which

they had no share in making. This question, and the spirit that answered

it flatly and doggedly in the negative, were heard like an undertone

pervading all the arguments in Otis's wonderful speech, and it was

because of this that the young lawyer John Adams, who was present,

afterward declared that on that day "the child Independence was born."

Chief-justice Hutchinson was a man of great ability and as sincere a

patriot as any American of his time. He could feel the force of Otis's

argument, but he believed that Parliament was the supreme legislative

body for the whole British empire, and furthermore that it was the duty

of a judge to follow the law as it existed. He reserved his decision

until advice could be had from the law-officers of the crown in London;

and when next term he was instructed by them to grant the writs, this

result added fresh impetus to the spirit that Otis's eloquence had

aroused. The custom-house officers, armed with their writs, began

breaking into warehouses and seizing goods which were said to have been

smuggled. In this rough way they confiscated private property to the

value of many thousands of pounds; but sometimes the owners of

warehouses armed themselves and barricaded their doors and windows, and

thus the officers were often successfully defied, for the sheriff was

far from prompt in coming to aid them.

[Sidenote: Patrick Henry, and the Parsons' Cause.]

While such things were going on in Boston, the people of Virginia were

wrought into fierce excitement by what was known as the "Parsons'

Cause." The Church of England was at that time established by law in

Virginia, and its clergymen, appointed by English bishops, were

unpopular. In 1758 the legislature, under the pressure of the French

war, had passed an act which affected all public dues and incidentally

diminished the salaries of the clergy. Complaints were made to the

Bishop of London, and the act of 1758 was vetoed by the king in

council. Several clergymen then brought suits to recover the unpaid

portions of their salaries. In the first test case there could be no

doubt that the royal veto was legal enough, and the court therefore

decided in favour of the plaintiff. But it now remained to settle before

a jury the amount of the damages. It was on this occasion, in December,

1763, that the great orator Patrick Henry made his first speech in the

court-room and at once became famous. He declared that no power on earth

could take away from Virginia the right to make laws for herself, and

that in annulling a wholesome law at the request of a favoured class in

the community "a king, from being the father of his people, degenerates

into a tyrant, and forfeits all right to obedience." This bold talk

aroused much excitement and some uproar, but the jury instantly

responded by assessing the parson's damages at one penny, and in 1765

Henry was elected a member of the colonial assembly.

Thus almost at the same time in Massachusetts and in Virginia the

preliminary scenes of the Revolution occurred in the court-room. In each

case the representatives of the crown had the letter of the law on their

side, but the principles of the only sound public policy, by which a

Revolution could be avoided, were those that were defended by the

advocates of the people. At each successive move on the part of the

British government which looked like an encroachment upon the rights of

Americans, the sympathy between these two leading colonies now grew

stronger and stronger.

It was in 1763 that George Grenville became prime minister, a man of

whom Macaulay says that he knew of "no national interests except those

which are expressed by pounds, shillings, and pence." Grenville

proceeded to introduce into Parliament two measures which had

consequences of which, he little dreamed. The first of these measures

was the Molasses Act, the second was the Stamp Act.

[Sidenote: The Molasses Act.]

Properly speaking, the Molasses Act was an old law which Grenville now

made up his mind to revive and enforce. The commercial wealth of the New

England colonies depended largely upon their trade with the fish which

their fishermen caught along the coast and as far out as the banks of

Newfoundland. The finest fish could be sold in Europe, but the poorer

sort found their chief market in the French West Indies. The French

government, in order to ensure a market for the molasses raised in these

islands, would not allow the planters to give anything else in exchange

for fish. Great quantities of molasses were therefore carried to New

England, and what was not needed there for domestic use was distilled

into rum, part of which was consumed at home, and the rest carried

chiefly to Africa wherewith to buy slaves to be sold to the southern

colonies. All this trade required many ships, and thus kept up a lively

demand for New England lumber, besides finding employment for thousands

of sailors and shipwrights. Now in 1733 the British government took it

into its head to "protect" its sugar planters in the English West Indies

by compelling the New England merchants to buy all their molasses from

them; and with this end in view it forthwith laid upon all sugar and

molasses imported into North America from the French islands a duty so

heavy that, if it had been enforced, it would have stopped all such

importation. It is very doubtful if this measure would have attained the

end which the British government had in view. Probably it would not have

made much difference in the export of molasses from the English West

Indies to New England, because the islanders happened not to want the

fish which their French neighbours coveted. But the New Englanders could

see that the immediate result would be to close the market for their

cheaper kinds of fish, and thus ruin their trade in lumber and rum,

besides shutting up many a busy shipyard and turning more than 5000

sailors out of employment. It was estimated that the yearly loss to New

England would exceed £300,000. It was hardly wise in Great Britain to

entail such a loss upon some of her best customers; for with their

incomes thus cut down, it was not to be expected that the people of New

England would be able to buy as many farming tools, dishes, and pieces

of furniture, garments of silk or wool, and wines or other luxuries,

from British merchants as before. The government in passing its act of

1733 did not think of these consequences; but it proved to be impossible

to enforce the act without causing more disturbance than the government

felt prepared to encounter. Now in 1764 Grenville announced that the act

was to be enforced, and of course the machinery of writs of assistance

was to be employed for that purpose. Henceforth all molasses from the

French islands must either pay the prohibitory duty or be seized without

ceremony.

Loud and fierce was the indignation of New England over this revival of

the Molasses Act. Even without the Stamp Act, it might very likely have

led that part of the country to make armed resistance, but in such case

it is not so sure that the southern and middle colonies would have come

to the aid of New England. But in the Stamp Act Grenville provided the

colonies with an issue which concerned one as much as another, and upon

which they were accordingly sure to unite in resistance. It was also a

much better issue for the Americans to take up, for it was not a mere

revival of an old act; it was a new departure; it was an imposition of a

kind to which the Americans had never before been called upon to

submit, and in resisting it they were sure to enlist the sympathies of a

good many powerful people in England.

[Sidenote: The Stamp Act.]

The Stamp Act was a direct tax laid upon the whole American people by

Parliament, a legislative body in which they were not represented. The

British government had no tyrannical purpose in devising this tax. A

stamp duty had already been suggested in 1755 by William Shirley, royal

governor of Massachusetts, a worthy man and much more of a favourite

with the people than most of his class. Shirley recommended it as the

least disagreeable kind of tax, and the easiest to collect. It did not

call for any hateful searching of people's houses and shops, or any

unpleasant questions about their incomes, or about their invested or

hoarded wealth. It only required that legal documents and commercial

instruments should be written, and newspapers printed, on stamped paper.

Of all kinds of direct tax none can be less annoying, except for one

reason; it is exceedingly difficult to evade such a tax; it enforces

itself. For these reasons Grenville decided to adopt it. He arranged it

so that all the officers charged with the business of selling the

stamped paper should be Americans; and he gave formal notice of the

measure in March, 1764, a year beforehand, in order to give the colonies

time to express their opinions about it.

[Sidenote: Samuel Adams.]

In the Boston town-meeting in May, almost as soon as the news had

arrived, the American view of the case was very clearly set forth in a

series of resolutions drawn up by Samuel Adams. This was the first of

the remarkable state papers from the pen of that great man, who now, at

the age of forty-two, was just entering upon a glorious career. Samuel

Adams was a graduate of Harvard College in the class of 1740. He had

been reared in politics from boyhood, for his father, a deacon of the

Old South Church, had been chief spokesman of the popular party in its

disputes with the royal governors. Of all the agencies in organizing

resistance to Great Britain none were more powerful than the New England

town-meetings, among which that of the people of Boston stood

preëminent, and in the Boston town-meeting for more than thirty years no

other man exerted so much influence as Samuel Adams. This was because of

his keen intelligence and persuasive talk, his spotless integrity,

indomitable courage, unselfish and unwearying devotion to the public

good, and broad sympathy with all classes of people. He was a thorough

democrat. He respected the dignity of true manhood wherever he found it,

and could talk with sailors and shipwrights like one of themselves,

while at the same time in learned argument he had few superiors. He has

been called the "Father of the Revolution," and was no doubt its most

conspicuous figure before 1775, as Washington certainly was after that

date.

This earliest state paper of Samuel Adams contained the first formal and

public denial of the right of Parliament to tax the colonies, because it

was not a body in which their people were represented. The resolutions

were adopted by the Massachusetts assembly, and a similar action was

taken by Connecticut, New York, Pennsylvania, Virginia, and South

Carolina. The colonies professed their willingness to raise money in

answer to requisitions upon their assemblies, which were the only bodies

competent to lay taxes in America. Memorials stating these views were

sent to England, and the colony of Pennsylvania sent Dr. Franklin to

represent its case at the British court. Franklin remained in London

until the spring of 1775 as agent first for Pennsylvania, afterward for

Massachusetts, New Jersey, and Georgia,--a kind of diplomatic

representative of the views and claims of the Americans.

[Sidenote: The Virginia Resolutions, 1765.]

Grenville told Franklin that he wished to do things as pleasantly as

possible, and was not disposed to insist upon the Stamp Act, if the

Americans could suggest anything better. But when it appeared that no

alternative was offered except to fall back upon the old clumsy system

of requisitions, Grenville naturally replied that there ought to be some

more efficient method of raising money for the defence of the frontier.

Accordingly in March, 1765, the Stamp Act was passed, with so little

debate that people hardly noticed what was going on. But when the news

reached America there was an outburst of wrath that was soon heard and

felt in London. In May the Virginia legislature was assembled. George

Washington was sitting there in his seat, and Thomas Jefferson, then a

law-student, was listening eagerly from outside the door, when Patrick

Henry introduced the famous resolutions in which he declared, among

other things, that an attempt to vest the power of taxation in any other

body than the colonial assembly was a menace to the common freedom of

Englishmen, whether in Britain or in America, and that the people of

Virginia were not bound to obey any law enacted in disregard of this

principle. The language of the resolutions was bold enough, but a keener

edge was put upon it by the defiant note which rang out from Henry in

the course of the debate, when he commended the example of Tarquin and

Cæsar and Charles I. to the attention of George III. "If this be

treason," he exclaimed, as the speaker tried to call him to order, "if

this be treason, make the most of it!"

The other colonies were not slow in acting. Massachusetts called for a

general congress, in order that all might discuss the situation and

agree upon some course to be pursued in common. South Carolina responded

most cordially, at the instance of her noble, learned, and far-sighted

patriot, Christopher Gadsden. On the 7th of October, delegates from nine

colonies met in a congress at New York, adopted resolutions like those

of Virginia, and sent a memorial to the king, whose sovereignty over

them they admitted, and a remonstrance to Parliament, whose authority to

tax them they denied. The meeting of this congress was in itself a

prophecy of what was to happen if the British government should persist

in the course upon which it had now entered.

[Sidenote: Stamp Act riots.]

Meanwhile the summer had witnessed riots in many places, and one of

these was extremely disgraceful. Chief-justice Hutchinson had tried to

dissuade the ministry from passing the Stamp Act, but an impression had

got abroad among the wharves and waterside taverns of Boston that he had

not only favoured it but had gone out of his way to send information to

London, naming certain merchants as smugglers. Under the influence of

this mistaken notion, on the night of the 26th of August a drunken mob

plundered Hutchinson's house in Boston and destroyed his library, which

was probably the finest in America at that time. Here, as is apt to be

the case, the mob selected the wrong victim. Its shameful act was

denounced by the people of Massachusetts, and the chief-justice was

indemnified by the legislature. In the other instances the riots were of

an innocent sort. Stamp officers were forced to resign. Boxes of

stamped paper arriving by ship were burned or thrown into the sea, and

at length the governor of New York was compelled by a mob to surrender

all the stamps entrusted to his care. These things were done for the

most part under the direction of societies of workingmen known as "Sons

of Liberty," who were pledged to resist the execution of the Stamp Act.

At the same time associations of merchants declared that they would buy

no more goods from England until the act should be repealed, and lawyers

entered into agreements not to treat any document as invalidated by the

absence of the required stamp. As for the editors, they published their

newspapers decorated with a grinning skull and cross-bones instead of

the stamp.

[Sidenote: Repeal of the Stamp Act.]

These demonstrations produced their effect in England. In July, 1765,

the Grenville ministry fell, and the new government, with Lord

Rockingham at its head, was more inclined to pay heed to the wishes and

views of the Americans. The debate over the repeal of the Stamp Act

lasted nearly three months and was one of the fiercest that had been

heard in Parliament for many a day. William Pitt declared that he

rejoiced in the resistance of the Americans, and urged that the act

should be repealed because Parliament ought never to have passed it; but

there were very few who took this view. As the result of the long

debate, at the end of March, 1766, the Stamp Act was repealed, and a

Declaratory Act was passed in which Parliament said in effect that it

had a right to make such laws for the Americans if it chose to do so.

The people of London, as well as the Americans, hailed with delight the

repeal of the Stamp Act; but the real trouble had now only begun. The

resolutions of Samuel Adams and Patrick Henry and their approval by the

Congress at New York had thrown the question of American taxation into

the whirlpool of British politics, and there it was to stay until it

worked a change for the better in England as well as in America.

[Sidenote: How the question was affected by British politics.]

The principle that people must not be taxed except by their

representatives had been to some extent recognized in England for five

hundred years, and it was really the fundamental principle of English

liberty, but it was only very imperfectly that it had been put into

practice. In the eighteenth century the House of Commons was very far

from being a body that fairly represented the people of Great Britain.

For a long time there had been no change in the distribution of seats,

and meanwhile the population had been increasing very differently in

different parts of the kingdom. Thus great cities which had grown up in

recent times, such as Sheffield and Manchester, had no representatives

in Parliament, while many little boroughs with a handful of inhabitants

had their representatives. Some such boroughs had been granted

representation by Henry VIII. in order to create a majority for his

measures in the House of Commons. Others were simply petty towns that

had dwindled away, somewhat as the mountain villages of New England have

dwindled since the introduction of railroads. The famous Old Sarum had

members in Parliament long after it had ceased to have any inhabitants.

Seats for these rotten boroughs, as they were called, were simply bought

and sold. Political life in England was exceedingly corrupt; some of the

best statesmen indulged in wholesale bribery as if it were the most

innocent thing in the world. The country was really governed by a few

great families, some of whose members sat in the House of Lords and

others in the House of Commons. Their measures were often noble and

patriotic in the highest degree, but when bribery and corruption seemed

necessary for carrying them, such means were employed without scruple.

[Sidenote: George III. and his political schemes.]

When George III. came to the throne in 1760, the great families which

had thus governed England for half a century belonged to the party known

as Old Whigs. Under their rule the power of the crown had been reduced

to insignificance, and the modern system of cabinet government by a

responsible ministry had begun to grow up. The Tory families during this

period had been very unpopular, because of their sympathy with the

Stuart pretenders who had twice attempted to seize the crown and given

the country a brief taste of civil war. By 1760 the Tories saw that the

cause of the Stuarts was hopeless, and so they were inclined to transfer

their affections to the new king. George III. was a young man of narrow

intelligence and poor education, but he entertained very strong opinions

as to the importance of his kingly office. He meant to make himself a

real king, like the king of France or the king of Spain. He was

determined to break down the power of the Old Whigs and the system of

cabinet government, and as the Old Whigs had been growing unpopular, it

seemed quite possible, with the aid of the Tories, to accomplish this.

George was quite decorous in behaviour, and, although subject to fits of

insanity which became more troublesome in his later years, he had a

fairly good head for business. Industrious as a beaver and obstinate as

a mule, he was an adept in political trickery. In the corrupt use of

patronage he showed himself able to beat the Old Whigs at their own

game, and with the aid of the Tories he might well believe himself

capable of reviving for his own benefit the lost power of the crown.

[Sidenote: The "New Whigs" and parliamentary reform.]

Beside these two parties a third had been for some time growing up which

was in some essential points opposed to both of them. This third party

was that of the New Whigs. They wished to reform the representation in

Parliament in such wise as to disfranchise the rotten boroughs and give

representatives to great towns like Leeds and Manchester. They held that

it was contrary to the principles of English liberty that the

inhabitants of such great towns should be obliged to pay taxes in

pursuance of laws which they had no share in making. The leader of the

New Whigs was the greatest Englishman of the eighteenth century, the

elder William Pitt, now about to pass into the House of Lords as Earl of

Chatham. Their leader next in importance, William Petty, Earl of

Shelburne, was in 1765 a young man of eight-and-twenty, and afterward

came to be known as one of the most learned and sagacious statesmen of

his time. These men were the forerunners of the great liberal leaders of

the nineteenth century, such men as Russell and Cobden and Gladstone.

Their first decisive and overwhelming victory was the passage of Lord

John Russell's Reform Bill in 1832, but the agitation for reform was

begun by William Pitt in 1745, and his famous son came very near winning

the victory on that question in 1782.

Now this question of parliamentary reform was intimately related to the

question of taxing the American colonies. From some points of view they

might be considered one and the same question. At a meeting of

Presbyterian ministers in Philadelphia, it was pertinently asked, "Have

two men chosen to represent a poor English borough that has sold its

votes to the highest bidder any pretence to say that they represent

Virginia or Pennsylvania? And have four hundred such fellows a right to

take our liberties?" In Parliament, on the other hand, as well as at

London dinner tables, and in newspapers and pamphlets, it was repeatedly

urged that the Americans need not make so much fuss about being taxed

without being represented, for in that respect they were no worse off

than the people of Sheffield or Birmingham. To this James Otis replied,

"Don't talk to us any more about those towns, for we are tired of such a

flimsy argument. If they are not represented, they ought to be;" and by

the New Whigs this retort was greeted with applause.

The opinions and aims of the three different parties were reflected in

the long debate over the repeal of the Stamp Act. The Tories wanted to

have the act continued and enforced, and such was the wish of the king.

Both sections of Whigs were in favour of repeal, but for very different

reasons. Pitt and the New Whigs, being advocates of parliamentary

reform, came out flatly in support of the principle that there should be

no taxation without representation. Edmund Burke and the Old Whigs,

being opposed to parliamentary reform and in favour of keeping things

just as they were, could not adopt such an argument; and accordingly

they based their condemnation of the Stamp Act upon grounds of pure

expediency. They argued that it was not worth while, for the sake of a

little increase of revenue, to irritate three million people and run the

risk of getting drawn into a situation from which there would be no

escape except in either retreating or fighting. There was much practical

wisdom in this Old Whig argument, and it was the one which prevailed

when Parliament repealed the Stamp Act and expressly stated that it did

so only on grounds of expediency.

[Sidenote: Why George III. was ready to pick a quarrel with the

Americans.]

There was one person, however, who was far from satisfied with this

result, and that was George III. He was opposed to parliamentary reform

for much the same reason that the Old Whigs were opposed to it, because

he felt that it threatened him with political ruin. The Old Whigs needed

the rotten boroughs in order to maintain their own control over

Parliament and the country. The king needed them because he felt himself

able to wrest them from the Old Whigs by intrigue and corruption, and

thus hoped to build up his own power. He believed, with good reason,

that the suppression of the rotten boroughs and the granting of fair and

equal representation would soon put a stronger curb upon the crown than

ever. Accordingly there were no men whom he dreaded and wished to put

down so much as the New Whigs; and he felt that in the repeal of the

Stamp Act, no matter on what ground, they had come altogether too near

winning a victory. He felt that this outrageous doctrine that people

must not be taxed except by their representatives needed to be sternly

rebuked, and thus he found himself in the right sort of temper for

picking a fresh quarrel with the Americans.

[Sidenote: Charles Townshend and his revenue acts, 1767.]

[Sidenote: Lord North.]

An occasion soon presented itself. One of the king's devices for

breaking down the system of cabinet government was to select his

ministers from different parties, so that they might be unable to work

harmoniously together. Owing to the peculiar divisions of parties in

Parliament he was for some years able to carry out this policy, and

while his cabinets were thus weak and divided, he was able to use his

control of patronage with telling effect. In July, 1766, he got rid of

Lord Rockingham and his Old Whigs, and formed a new ministry made up

from all parties. It contained Pitt, who had now, as Earl of Chatham,

gone into the House of Lords, and at the same time Charles Townshend, as

Chancellor of the Exchequer. Townshend, a brilliant young man, without

any political principles worth mentioning, was the most conspicuous

among a group of wire-pullers who were coming to be known as "the king's

friends." Serious illness soon kept Chatham at home, and left Townshend

all-powerful in the cabinet, because he was bold and utterly

unscrupulous and had the king to back him. His audacity knew no limits,

and he made up his mind that the time had come for gathering all the

disputed American questions, as far as possible, into one bundle, and

disposing of them once for all. So in May, 1767, he brought forward in

Parliament a series of acts for raising and applying a revenue in

America. The colonists, he said, had objected to a direct tax, but they

had often submitted to port duties, and could not reasonably refuse to

do so again. Duties were accordingly to be laid on glass, paper, lead,

and painter's colours; on wine, oil, and fruits, if carried directly to

America from Spain and Portugal; and especially on tea. A board of

commissioners was to be established at Boston, to superintend the

collection of revenue throughout the colonies, and writs of assistance

were to be expressly legalized. The salaries of these commissioners were

to be paid out of the revenue thus collected. Governors, judges, and

crown-attorneys were to be made independent of the colonial legislatures

by having their salaries paid by the crown out of this same fund. A

small army was also to be kept up; and if after providing for these

various expenses, any surplus remained, it could be used by the crown in

giving pensions to Americans and thus be made to serve as a

corruption-fund. These measures were adopted on the 29th of June, and as

if to refute anybody who might be inclined to think that rashness could

no further go, Townshend accompanied them with a special act directed

against the New York legislature, which had refused to obey an order

concerning the quartering of troops. By way of punishment, Townshend now

suspended the legislature. A few weeks after carrying these measures

Townshend died of a fever, and his place was taken by Lord North, eldest

son of the Earl of Guilford. North was thirty-five years of age. He was

amiable and witty, and an excellent debater, but without force of will.

He let the king rule him, and was at the same time able to show a strong

hand in the House of Commons, so that the king soon came to regard him

as a real treasure. Soon after North's appointment, Lord Chatham and

other friends of America in the cabinet resigned their places and were

succeeded by friends of the king. From 1768 to 1782 George III. was to

all intents and purposes his own prime minister, and contrived to keep a

majority in Parliament. During those fourteen years the American

question was uppermost, and his policy was at all hazards to force the

colonists to abandon their position that taxation must go hand in hand

with representation.

[Sidenote: What the Townshend acts really meant.]

This purpose was already apparent in Charles Townshend's acts. They were

not at all like previous acts imposing port duties to which the

Americans had submitted. British historians sometimes speak of the

American Revolution as an affair which grew out of a mere dispute about

money; and even among Americans, in ordinary conversation and sometimes

in current literature, the unwillingness of our forefathers to pay a tax

of threepence a pound on tea is mentioned without due reference to the

attendant circumstances which made them refuse to pay such a tax. We

cannot hope to understand the fierce wrath by which they were animated

unless we bear in mind not only the simple fact of the tax, but also the

spirit in which it was levied and the purpose for which the revenue was

to be used. The Molasses Act threatening the ruin of New England

commerce was still on the statute-book, and commissioners, armed with

odious search-warrants for enforcing this and other tyrannical laws,

were on their way to America. For more than half a century the people

had jealously guarded against the abuse of power by the royal governors

by making them dependent upon the legislatures for their salaries. Now

they were all at once to be made independent, so that they might even

dismiss the legislatures, and if need be call for troops to help them.

The judges, moreover, with their power over men's lives and property,

were no longer to be responsible to the people. If these changes were to

be effected, it would be nothing less than a revolution by which the

Americans would be deprived of their liberty. And, to crown all, the

money by which this revolution was to be brought about was to be

contributed in the shape of port duties by the Americans themselves! To

expect our forefathers to submit to such legislation as this was about

as sensible as it would have been to expect them to obey an order to buy

halters and hang themselves.

When the news of the Townshend acts reached Massachusetts, the assembly

at its next session took a decided stand. Besides a petition to the king

and letters to several leading British statesmen, it issued a circular

letter addressed to the other twelve colonies, asking for their friendly

advice and coöperation with reference to the Townshend measures. These

papers were written by Samuel Adams. The circular letter was really an

invitation to the other colonies to concert measures of resistance if it

should be found necessary. It enraged the king, and presently an order

came across the ocean to Francis Bernard, royal governor of

Massachusetts, to demand of the assembly that it rescind its circular

letter, under penalty of instant dissolution. Otis exclaimed that Great

Britain had better rescind the Townshend acts if she did not wish to

lose her colonies. The assembly decided, by a vote of 92 to 17, that it

would not rescind. This flat defiance was everywhere applauded. The

assemblies of the other colonies were ordered to take no notice of the

Massachusetts circular, but the order was generally disobeyed, and in

several cases the governors turned the assemblies out of doors. The

atmosphere of America now became alive with politics; more meetings were

held, more speeches made, and more pamphlets printed, than ever before.

[Sidenote: The quarrel was not between England and America, but

between George III. and the principles which the Americans

maintained.]

In England the dignified and manly course of the Americans was generally

greeted with applause by Whigs of whatever sort, except those who had

come into the somewhat widening circle of "the king's friends." The Old

Whigs,--Burke, Fox, Conway, Savile, Lord John Cavendish, and the Duke of

Richmond; and the New Whigs,--Chatham, Shelburne, Camden, Dunning,

Barré, and Beckford; steadily defended the Americans throughout the

whole of the Revolutionary crisis, and the weight of the best

intelligence in the country was certainly on their side. Could they have

acted as a united body, could Burke and Fox have joined forces in

harmony with Chatham and Shelburne, they might have thwarted the king

and prevented the rupture with America. But George III. profited by the

hopeless division between these two Whig parties; and as the quarrel

with America grew fiercer, he succeeded in arraying the national pride

to some extent upon his side and against the Whigs. This made him feel

stronger and stimulated his zeal against the Americans. He felt that if

he could first crush Whig principles in America, he could then turn and

crush them in England. In this he was correct, except that he

miscalculated the strength of the Americans. It was the defeat of his

schemes in America that ensured their defeat in England. It is quite

wrong and misleading, therefore, to remember the Revolutionary War as a

struggle between the British people and the American people. It was a

struggle between two hostile principles, each of which was represented

in both countries. In winning the good fight, our forefathers won a

victory for England as well as for America. What was crushed was George

III. and the kind of despotism which he wished to fasten upon America in

order that he might fasten it upon England. If the memory of George III.

deserves to be execrated, it is especially because he succeeded in

giving to his own selfish struggle for power the appearance of a

struggle between the people of England and the people of America; and in

so doing, he sowed seeds of enmity and distrust between two glorious

nations that, for their own sakes and for the welfare of mankind, ought

never for one moment to be allowed to forget their brotherhood. Time,

however, is rapidly repairing the damage which George III.'s policy

wrought, and it need in nowise disturb our narrative. In this brief

sketch we must omit hundreds of interesting details; but, if we would

look at things from the right point of view, we must bear in mind that

every act of George III., from 1768 onward, which brought on and carried

on the Revolutionary War, was done in spite of the earnest protest of

many of the best people in England; and that the king's wrong-headed

policy prevailed only because he was able, through corrupt methods, to

command a parliament which did not really represent the people. Had the

principles in support of which Lord Chatham joined hands with Samuel

Adams for one moment prevailed, the king's schemes would have collapsed

like a soap-bubble.

As it was, in 1768 the king succeeded, in spite of strong opposition, in

carrying his point. He saw that the American colonies were disposed to

resist the Townshend acts, and that in this defiant attitude

Massachusetts was the ringleader. The Massachusetts circular pointed

toward united action on the part of the colonies. Above all things it

was desirable to prevent any such union, and accordingly the king

decided to make his principal attack upon Massachusetts, while dealing

more kindly with the other colonies. Thus he hoped Massachusetts might

be isolated and humbled, and in this belief he proceeded faster and more

rashly than if he had supposed himself to be dealing with a united

America. In order to catch Samuel Adams and James Otis, and get them

sent over to England for trial, he attempted to revive an old statute of

Henry VIII. about treason committed abroad; and in order to enforce the

revenue laws in spite of all opposition, he ordered troops to be sent to

Boston.

[Sidenote: Troops sent to Boston.]

This was a very harsh measure, and some excuse was needed to justify it

before Parliament. It was urged that Boston was a disorderly town, and

the sacking of Hutchinson's house could be cited in support of this

view. Then in June, 1768, there was a slight conflict between

townspeople and revenue officers, in which no one was hurt, but which

led to a great town-meeting in the Old South Meeting-House, and gave

Governor Bernard an opportunity for saying that he was intimidated and

hindered in the execution of the laws. The king's real purpose, however,

in sending troops was not so much to keep the peace as to enforce the

Townshend acts, and so the people of Boston understood it. Except for

these odious and tyrannical laws, there was nothing that threatened

disturbance in Boston. The arrival of British troops at Long Wharf, in

the autumn of 1768, simply increased the danger of disturbance, and in a

certain sense it may be said to have been the beginning of the

Revolutionary War. Very few people realized this at the time, but Samuel

Adams now made up his mind that the only way in which the American

colonies could preserve their liberties was to unite in some sort of

federation and declare themselves independent of Great Britain. It was

with regret that he had come to this conclusion, and he was very slow in

proclaiming it, but after 1768 he kept it distinctly before his mind. He

saw clearly the end toward which public opinion was gradually drifting,

and because of his great influence over the Boston town-meeting and the

Massachusetts assembly, this clearness of purpose made him for the next

seven years the most formidable of the king's antagonists in America.

The people of Boston were all the more indignant at the arrival of

troops in their town because the king in his hurry to send them had even

disregarded the act of Parliament which provided for such cases.

According to that act the soldiers ought to have been lodged in Castle

William on one of the little islands in the harbour. Even according to

British-made law they had no business to be quartered in Boston so long

as there was room for them, in the Castle. During the next seventeen

months the people made several formal protests against their presence in

town, and asked for their removal. But these protests were all fruitless

until innocent blood had been shed. The soldiers generally behaved no

worse than rough troopers on such occasions are apt to do, and the

townspeople for the most part preserved decorum, but quarrels now and

then occurred, and after a while became frequent. In September, 1769,

James Otis was brutally assaulted at the British Coffee House by one of

the commissioners of customs aided and abetted by two or three army

officers. His health was already feeble and in this affray he was struck

on the head with a sword and so badly injured that he afterward became

insane. After this the feeling of the people toward the soldiers was

more bitter than ever. In February, 1770, there was much disturbance.

Toward the end of the month an informer named Richardson fired from his

window into a crowd and killed a little boy about eleven years of age,

named Christopher Snyder. The funeral of this poor boy, the first victim

of the Revolution, was attended on Monday, the 26th, by a great

procession of citizens, including those foremost in wealth and

influence.

[Sidenote: The "Boston Massacre."]

The rest of that week was full of collisions which on Friday almost

amounted to a riot and led the governor's council to consider seriously

whether the troops ought not to be removed. But before they had settled

the question the crisis came on Monday evening, March 5, in an affray

before the Custom House on King street, when seven of Captain Preston's

company fired into the crowd, killing five men and wounding several

others. Two of the victims were innocent bystanders. Two were sailors

from ships lying in the harbour, and they, together with the remaining

victim, a ropemaker, had been actively engaged in the affray. One of the

sailors, a mulatto or half-breed Indian of gigantic stature, named

Crispus Attucks, had been especially conspicuous. The slaughter of these

five men secured in a moment what so many months of decorous protest had

failed to accomplish. Much more serious bloodshed was imminent when

Lieutenant-governor Hutchinson arrived upon the scene and promptly

arrested the offending soldiers. The next day there was an immense

meeting at the Old South, and Samuel Adams, at the head of a committee,

came into the council chamber at the Town House, and in the name of

three thousand freemen sternly commanded Hutchinson to remove the

soldiers from the town. Before sunset they had all been withdrawn to the

Castle. When the news reached the ears of Parliament there was some talk

of reinstating them in the town, but Colonel Barré cut short the

discussion with the pithy question, "if the officers agreed in removing

the soldiers to Castle William, what minister will dare to send them

back to Boston?"

[Sidenote: Lord North, as prime minister removes all duties except

on tea, 1770.]

Thus the so-called "Boston Massacre" wrought for the king a rebuff which

he felt perhaps even more keenly than the repeal of the Stamp Act. Not

only had his troops been peremptorily turned out of Boston, but his

policy had for the moment weakened in its hold upon Parliament. In the

summer of 1769 the assembly of Virginia adopted a very important series

of resolutions condemning the policy of Great Britain and recommending

united action on the part of the colonies in defence of their liberties.

The governor then dissolved the assembly, whereupon its members met in

convention at the Raleigh tavern and adopted a set of resolves prepared

by Washington, strictly forbidding importations from England until the

Townshend acts should be repealed. These resolves were generally adopted

by the colonies, and presently the merchants of London, finding their

trade falling off, petitioned Parliament to reconsider its policy. In

January, 1770, Lord North became prime minister. In April all the duties

were taken off, except the duty on tea, which the king insisted upon

retaining, in order to avoid surrendering the principle at issue. The

effect of even this partial concession was to weaken the spirit of

opposition in America, and to create a division among the colonies. In

July the merchants of New York refused to adhere any longer to the

non-importation agreement except with regard to tea, and they began

sending orders to England for various sorts of merchandise. Rhode Island

and New Hampshire also broke the agreement. This aroused general

indignation, and ships from the three delinquent colonies were driven

from such ports as Boston and Charleston.

[Sidenote: Want of union.]

Union among the colonies was indeed only skin deep. The only thing

which kept it alive was British aggression. Almost every colony had some

bone of contention with its neighbours. At this moment New York and New

Hampshire were wrangling over the possession of the Green Mountains, and

guerrilla warfare was going on between Connecticut and Pennsylvania in

the valley of Wyoming. It was hard to secure concerted action about

anything. For two years after the withdrawal of troops from Boston there

was a good deal of disturbance in different parts of the country;

quarrels between governors and their assemblies were kept up with

increasing bitterness; in North Carolina there was an insurrection

against the governor which was suppressed only after a bloody battle

near the Cape Fear river; in Rhode Island the revenue schooner Gaspee

was seized and burned, and when an order came from the ministry

requiring the offenders to be sent to England for trial, the

chief-justice of Rhode Island, Stephen Hopkins, refused to obey the

order. But amid all these disturbances there appeared nothing like

concerted action on the part of the colonies. In June, 1772, Hutchinson

said that the union of the colonies seemed to be broken, and he hoped it

would not be renewed, for he believed it meant separation from the

mother-country, and that he regarded as the worst of calamities.

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