The question was argued in court, where James Otis spoke so elo quently in vindication of American rights, that all his hearers went away ready to take arms against writs of assistance. "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."

Another ministerial measure was to instruct the provincial governors to commission judges. Not as theretofore "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 first time armed with the regular commissions 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

1764.]

PAPER CHAINS ON THE COLONIES.

303

ports, which caused an universal 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.

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 duties on sugar and molasses-heretofore subjects of complaint and opposition-now reduced and modified so as to discourage smuggling, 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

* Burke on the state of the nation.

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, who ought not to be taxed but by themselves 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 Carolina, to deprecate, in person, measures so 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, 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.

66

It was an ominous sign that the first burst of opposition to this act should take place in Virginia. That colony had hitherto been slow to accord with the republican spirit of New England. Founded at an earlier period of the reign of James I., before kingly pre

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RESOLUTIONS OF PATRICK HENRY.

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rogative 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.

Washington occupied his seat in the House of Burgesses, when, on the 29th of May, the stamp act became a subject of discussion. We 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 matters, and evincing little anticipation of the 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 General Assembly of Virginia had the exclusive right and power to lay taxes and impositions upon the inhabitants, and that whoever maintained the contrary should be deemed an enemy to the colony.

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!

The resolutions were modified, to accommodate them to the scruples of the speaker and some of the members, but their spirit was retained. The Lieutenant-governor (Fauquier), startled by this patriotic outbreak, dissolved the Assembly, and issued writs for a new election; but the clarion had sounded. "The resolves 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.

*

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