Er. 31.]

DISCONTENTS IN NEW ENGLAND-REVENUE BY TAXATION.

109

produced sore discontent and opposition on the | more agreeably to their own constitution and part of the colonies, especially among those of laws." New England. The interests of these last were chiefly commercial, and among them the republican spirit predominated. They had sprung into existence during that part of the reign of James I. when disputes ran high about kingly prerogative and popular privilege.

Subsequent ministers adopted a widely different policy. During the progress of the French war, various projects were discussed in England with regard to the colonies, which were to be carried into effect on the return of peace. The open avowal of some of these plans, and vague rumors of others, more than ever irritated the jealous feelings of the colonists, and put the dragon spirit of New England on the alert.

In 1760, there was an attempt in Boston to collect duties on foreign sugar and molasses imported into the colonies. Writs of assist

The Pilgrims, as they styled themselves, who founded Plymouth Colony in 1620, had been incensed while in England by what they stigmatized as the oppressions of the monarchy, and the established church. They had sought the wilds of America for the indulgence of freedom of opinion, and had brought with them the spirit of independence and self-gov-ance were applied for by the custom-house ernment. Those who followed them in the reign of Charles I. were imbued with the same spirit, and gave a lasting character to the people of New England.

officers, authorizing them to break open ships, stores, and private dwellings, in quest of articles that had paid no duty; and to call the assistance of others in the discharge of their odious task. The merchants opposed the execution of the writ on constitutional grounds. The question was argued in court, where James Otis spoke so eloquently in vindication of American rights, that all his hearers went away ready to take arms against writs of as"Then and there," says John Adams, who was present, was the first scene of opposition to the arbitrary claims of Great Britain. Then and there American Independence was born."

Other colonies, having been formed under other circumstances, might be inclined toward a monarchical government, and disposed to acquiesce in its exactions; but the republican spirit was ever alive in New England, watching over 'natural and chartered rights," and prompt to defend them against any infringe-sistance. ment. Its example and instigation had gradually an effect on the other colonies; a general impatience was evinced from time to time of parliamentary interference in colonial affairs, and a disposition in the various provincial Legislatures to think and act for themselves in matters of civil and religious, as well as commercial polity.

There was nothing, however, to which the jealous sensibilities of the colonies were more alive, than to any attempt of the mother country to draw a revenue from them by taxation. From the earliest period of their existence, they had maintained the principle that they could only be taxed by a Legislature in which they were represented. Sir Robert Walpole, when at the head of the British government, was aware of their jealous sensibility on this point, and cautious of provoking it. When American taxation was suggested, "it must be a bolder man than himself," he replied, "and one less friendly to commerce, who should venture on such an expedient. For his part, he would encourage the trade of the colonies to the utmost; one-half of the profits would be sure to come into the royal exchequer through the increased demand for British manufactures. This," said he, sagaciously, "is taxing them

Another ministerial measure was to instruct the provincial governors to commission judges. Not as heretofore "during good behavior," but "during the king's pleasure." New York was the first to resent this blow at the independence of the judiciary. The lawyers appealed to the public through the press against an act which subjected the halls of justice to the prerogative. Their appeals were felt beyond the bounds of the province, and awakened a general spirit of resistance.

Thus matters stood at the conclusion of the war. One of the first measures of ministers, on the return of peace, was to enjoin on all naval officers stationed on the coasts of the American colonies the performance, under oath, of the duties of custom-house officers, for the suppression of smuggling. This fell ruinously upon a clandestine trade which had long been connived at between the English and Spanish colonies, profitable to both, but especially to the former, and beneficial to the mother country, opening a market to her manufactures. "Men-of-war," says Burke, were for the

110

TAXATION RESISTED-PASSAGE OF THE STAMP ACT.

[1764-65.

or their representatives. They sent petitions and remonstrances on the subject to the king, the lords, and the commons, in which they were seconded by New York and Virginia. Franklin appeared in London at the head of agents from Pennsylvania, Connecticut, and South Car

first time armed with the regular commissions | who ought not to be taxed but by themselves of custom-house officers, invested the coasts, and gave the collection of revenue the air of hostile contribution. * * * * They fell so indiscriminately on all sorts of contraband, or supposed contraband, that some of the most valuable branches of trade were driven violently from our ports, which caused an univer-olina, to deprecate, in person, measures so sal consternation throughout the colonies."*

As a measure of retaliation, the colonists resolved not to purchase British fabrics, but to clothe themselves as much as possible in home manufactures. The demand for British goods in Boston alone was diminished upwards of £10,000 sterling in the course of a year.

แ

fraught with mischief. The most eloquent arguments were used by British orators and statesmen to dissuade Grenville from enforcing them. He was warned of the sturdy independence of the colonists, and the spirit of resistance he might provoke. All was in vain. Grenville, "great in daring and little in views," says Horace Walpole, I was charmed to have an untrodden field before him of calculation and experiment." In March, 1765, the act was passed, according to which all instruments in writing were to be executed on stamped paper, to be purchased from the agents of the British government. What was more: all offences against the act could be tried in any royal, marine, or admiralty court throughout the colonies, however distant from the place where the offence had been committed; thus interfering with that most inestimable right, a trial by jury.

In 1764, George Grenville, now at the head of government, ventured upon the policy from which Walpole had so wisely abstained. Early in March the eventful question was debated, "whether they had a right to tax America." It was decided in the affirmative. Next followed a resolution, declaring it proper to charge certain stamp duties in the colonies and plantations, but no immediate step was taken to carry it into effect. Mr. Grenville, however, gave notice to the American agents in London, that he should introduce such a measure on the ensuing session of Parliament. In the mean time Parliament perpetuated certain It was an ominous sign that the first burst duties on sugar and molasses-heretofore sub- of opposition to this act should take place in jects of complaint and opposition-now reduced | Virginia. That colony had hitherto been slow and modified so as to discourage smuggling, to accord with the republican spirit of New and thereby to render them more productive. Duties, also, were imposed on other articles of foreign produce or manufacture imported into the colonies. To reconcile the latter to these impositions, it was stated that the revenue thus raised was to be appropriated to their protection and security; in other words, to the support of a standing army, intended to be quartered upon them.

We have here briefly stated but a part of what Burke terms an "infinite variety of paper chains," extending through no less than twenty-nine acts of Parliament from 1660 to 1764, by which the colonies had been held in thraldom.

The New Englanders were the first to take the field against the project of taxation. They denounced it as a violation of their rights as freemen; of their chartered rights, by which they were to tax themselves for their support and defence; of their rights as British subjects,

*Burke on the state of the nation.

England. Founded at an earlier period of the reign of James I., before kingly prerogative and ecclesiastical supremacy had been made matters of doubt and fierce dispute, it had grown up in loyal attachment to king, church, and constitution; was aristocratical in its tastes and habits, and had been remarked above all the other colonies for its sympathies with the mother country. Moreover, it had not so many pecuniary interests involved in these questions as had the people of New England, being an agricultural rather than a commercial province; but the Virginians are of a quick and generous spirit, readily aroused on all points of honorable pride, and they resented the stamp act as an outrage on their rights.

We

Washington occupied his seat in the House of Burgesses, when, on the 29th of May, the stamp act became a subject of discussion. have seen no previous opinions of his on the subject. His correspondence hitherto had not turned on political or speculative themes; being engrossed by either military or agricultural

Br. 83.]

WASHINGTON'S IDEAS CONCERNING THE STAMP ACT.

111

matters, and evincing little anticipation of the | events of the day, and the legislative scene
vortex of public duties into which he was about
to be drawn. All his previous conduct and
writings show a loyal devotion to the crown,
with a patriotic attachment to his country. It
is probable that on the present occasion that
latent patriotism received its first electric shock.
Among the Burgesses sat Patrick Henry, a
young lawyer, who had recently distinguished
himself by pleading against the exercise of the
royal prerogative in church matters, and who
was now for the first time a member of the
House. Rising in his place, he introduced his
celebrated resolutions, declaring that the Gen-
eral Assembly of Virginia had the exclusive
right and power to lay taxes and impositions
upon the inhabitants, and that whoever main-
tained the contrary should be deemed an enemy
to the colony.

which he witnessed. His recent letters had
spoken of the state of peaceful tranquillity in
which he was living; those now written from
his rural home show that he fully participated
in the popular feeling, and that while he had a
presentiment of an arduous struggle, his patri-
otic mind was revolving means of coping with
it. Such is the tenor of a letter written to his
wife's uncle, Francis Dandridge, then in Lon-
don. "The stamp act," said he, "engrosses
the conversation of the speculative part of the
colonists, who look upon this unconstitutional
method of taxation as a direful attack upon
their liberties, and loudly exclaim against the
violation. What may be the result of this, and
of some other (I think I may add ill-judged)
measures, I will not undertake to determine;
but this I may venture to affirm, that the ad-
vantage accruing to the mother country will
fall greatly short of the expectation of the
ministry; for certain it is, that our whole sub-
stance already in a manner flows to Great
Britain, and that whatsoever contributes to
lessen our importations must be hurtful to her
manufactures. The eyes of our people already
begin to be opened; and they will perceive
that many luxuries, for which we lavish our
substance in Great Britain, can well be dis-
pensed with. This, consequently, will intro-
duce frugality, and be a necessary incitement
to industry. * *
* As to the
stamp act, regarded in a single view, one of
the first bad consequences attending it is, that
The resolutions were modified, to accommo- our courts of judicature must inevitably be
date them to the scruples of the speaker and shut up; for it is impossible, or next to im-
some of the members, but their spirit was re- possible, under our present circumstances, that
tained. The lieutenant-governor (Fauquier), the act of Parliament can be complied with,
startled by this patriotic outbreak, dissolved were we ever so willing to enforce its execu-
the Assembly, and issued writs for a new elec- tion. And not to say (which alone would be
tion; but the clarion had sounded. "The re-sufficient) that we have not money enough to
solves of the Assembly of Virginia," says a
correspondent of the ministry, "gave the signal
for a general outcry over the continent. The
movers and supporters of them were applauded
as the protectors and assertors of American
liberty."*

The speaker, Mr. Robinson, objected to the resolutions, as inflammatory. Henry vindicated them, as justified by the nature of the case; went into an able and constitutional discussion of colonial rights, and an eloquent exposition of the manner in which they had been assailed; wound up by one of those daring flights of declamation for which he was remarkable, and startled the House by a warning flash from history: "Cæsar had his Brutus; Charles his Cromwell, and George the Third-('Treason! treason!' resounded from the neighborhood of the Chair) may profit by their examples," added Henry. "Sir, if this be treason (bowing to the speaker), make the most of it!"

CHAPTER XXVIII.

WASHINGTON returned to Mount Vernon full of anxious thoughts inspired by the political

*Letter to Secretary Conway, New York, Sept. 23.Parliamentary Register.

*

pay for the stamps, there are many other
cogent reasons which prove that it would be
ineffectual."

A letter of the same date to his agents in
London, of ample length and minute in all its
details, shows that, while deeply interested in
the course of public affairs, his practical mind.
was enabled thoroughly and ably to manage
the financial concerns of his estate and of the
estate of Mrs. Washington's son, John Parke
Custis, towards whom he acted the part of a
faithful and affectionate guardian. In those
days, Virginia planters were still in direct and
frequent correspondence with their London

POPULAR AGITATION-NULLIFICATION OF THE STAMP ACT.

Br. 34.1

REPEAL OF THE STAMP ACT-JOY OF WASHINGTON.

113

"No, never; unless compelled by force of

conscientiousness and persevering zeal. At
present he remained a quiet but vigilant ob- | arms." *
server of events from his eagle nest at Mount
Vernon. He had some few intimates in his
neighborhood who accorded with him in senti-
ment. One of the ablest and most efficient of
these was Mr. George Mason, with whom he
had occasional conversations on the state of
affairs. His friends the Fairfaxes, though lib-
eral in feelings and opinions, were too strong
in their devotion to the crown not to regard
with an uneasy eye the tendency of the pop-
ular bias. From one motive or other, the ear-
nest attention of all the inmates and visitors at
Mount Vernon, was turned to England, watch-
ing the movements of the ministry.

The act was repealed on the 18th of March, 1766, to the great joy of the sincere friends of both countries, and to no one more than to Washington. In one of his letters he observes: "Had the Parliament of Great Britain resolved upon enforcing it, the consequences, I conceive, would have been more direful than is generally apprehended, both to the mother country and her colonies. All, therefore, who were instrumental in procuring the repeal, are entitled to the thanks of every British subject, and have mine cordially."†

Still, there was a fatal clause in the repeal, which declared that the king, with the consent of Parliament, had power and authority to make laws and statutes of sufficient force and validity to "bind the colonies, and people of

The dismissal of Mr. Grenville from the cabinet gave a temporary change to public affairs. Perhaps nothing had a greater effect in favor of the colonies than an examination of Dr.America, in all cases whatsoever." Franklin before the House of Commons, on the subject of the stamp act.

"What," he was asked, "was the temper of America towards Great Britain, before the year 1763 ?"

"The best in the world. They submitted willingly to the government of the crown, and paid, in all their courts, obedience to the acts of Parliament. Numerous as the people are in the several old provinces, they cost you nothing in forts, citadels, garrisons, or armies, to keep them in subjection. They were governed by this country at the expense only of a little pen, ink, and paper. They were led by a thread. They had not only a respect, but an affection for Great Britain, for its laws, its customs, and manners, and even a fondness for its fashions, that greatly increased the commerce. Natives of Great Britain were always treated with particular regard; to be an OldEngland man was, of itself, a character of some respect, and gave a kind of rank among

As the people of America were contending for principles, not merely pecuniary interests, this reserved power of the crown and Parliament left the dispute still open, and chilled the feeling of gratitude which the repeal might otherwise have inspired. Further aliment for public discontent was furnished by other acts of Parliament. One imposed duties on glass, pasteboard, white and red lead, painters' colors, and tea; the duties to be collected on the arrival of the articles in the colonies; another empowered naval officers to enforce the acts of trade and navigation. Another wounded to the quick the pride and sensibilities of New York. The mutiny act had recently been extended to America, with an additional clause, requiring the provincial Assemblies to provide the troops sent out with quarters, and to furnish them with fire, beds, candles, and other necessaries, at the expense of the colonies. The Governor and Assembly of New York refused to comply with this requisition as to stationary forces, insisting that it applied only to troops on a march. An act of Parliament now suspended the powers of the Governor and Assembly until they should comply. Chatham attributed this opposition of the colonists to the mutiny act to "their jealousy of being somehow or other taxed internally by the Parliament; the act," said he, "asserting the right of Parliament, has certainly spread a most unfortunate jealousy and diffidence of government here throughout America, and makes

* Parliamentary Register, 1766.

t Sparks. Writings of Washington, li. 345, note.