This is the speech to which Adams, at a later date, attributed the beginning of the Revolution.

James Otis in 1765 declared the Virginia Resolutions to be treasonable. It was precisely their treasonable flavor that electrified the country, while the fact that they came from the Old Dominion made men think that a union of the colonies, so essential to successful resistance, might be achieved in spite of all. The Old Dominion, counted the most English of the colonies in respect to her inst.i.tutions and her sympathies, had a character for loyalty that, in any matter of opposition to Britain, gave double weight to her action. Easy-going tobacco-planters, Church of England men all, were well known not to be great admirers of the precise Puritans of New England, whose moral fervor and conscious rect.i.tude seemed to them a species of fanaticism savoring more of canting hypocrisy than of that natural virtue affected by men of parts. Franklin may well have had Virginia and Ma.s.sachusetts in mind when he said, but a few years earlier, no one need fear that the colonies "will unite against their own nation... which 'tis well known they all love much more than they love one another." Nor could anyone have supposed that the "Ancient and Loyal Colony of Virginia" would out-Boston Boston in a.s.serting the rights of America. Yet this was what had come to pa.s.s, the evidence of which was the printed resolutions now circulating far and wide and being read in this month of July when it was being noised about that a Congress was proposed for the coming October. The proposal had in fact come from Ma.s.sachusetts Bay in the form of a circular letter inviting all the colonies to send delegates to New York for the purpose of preparing a loyal and humble "representation of their condition," and of imploring relief from the King and Parliament of Great Britain.

No very encouraging response was immediately forthcoming. The a.s.sembly of New Jersey unanimously declined to send any delegates, although it declared itself "not without a just sensibility respecting the late acts of Parliament," and wished "such other colonies as think proper to be active every success they can loyally and reasonably desire." For two months there was no indication that any colony would think it "proper to be active"; but during August and September the a.s.semblies of six colonies chose deputies to the congress, and when that body finally a.s.sembled in October, less formally designated representatives from three other colonies appeared upon the scene. The a.s.sembly of New Hampshire declined to take part. Virginia, Georgia, and North Carolina were also unrepresented, which was perhaps due to the fact that the governors of those provinces refused to call the a.s.semblies together to consider the Ma.s.sachusetts circular letter. Of the 27 members of the Stamp Act Congress, few if any were inclined to rash or venturesome measures. It is reported that Lord Melbourne, as Prime Minister of England, once remarked to his Cabinet, "It doesn't matter what we say, but we must all say the same thing." What the Stamp Act Congress said was to be sure of some importance, but that it should say something which all could agree to was of even greater importance. "There ought to be no New England man, no New Yorker, known on the continent," wrote Christopher Gadsden of South Carolina, "but all of us Americans." New Yorkers and New England men could not indeed be so easily transformed over night; but the Stamp Act Congress was significant as marking a kind of beginning in that slow and difficult process. After eleven days of debate, in which sharp differences of opinion were no doubt revealed, a declaration of rights and grievances was at last adopted; a declaration which was so cautiously and loyally phrased that all could subscribe to it, and which was perhaps for that very reason not quite satisfactory to anyone.

His Majesty's subjects in the colonies, the declaration affirmed, are ent.i.tled to those "inherent rights and liberties" which are enjoyed by "his natural born subjects" in Great Britain; among which rights is that most important one of "not being taxed without their own consent"; and since the people of the colonies, "from local circ.u.mstances, cannot be represented in the House of Commons," it follows that taxes cannot be "imposed upon them, but by their respective legislatures." The Stamp Act, being a direct tax, was therefore declared to have a "manifest tendency to subvert the rights and liberties of the colonies." Of the Sugar Act, which was not a direct tax, so much could not be said; but this act was at least "burthensome and grievous," being subversive of trade if not of liberty. No one was likely to be profoundly stirred by the declaration of the Stamp Act Congress, in this month of October when the spirited Virginia Resolutions were everywhere well known.

"The frozen politicians of a more northern government," according to the "Boston Gazette," "say they [the people of Virginia] have spoken treason"; but the "Boston Gazette," for its part, thought they had "spoken very sensibly." With much reading of the resolutions and of the commendatory remarks with which they were everywhere received, the treasonable flavor of their boldest phrases no doubt grew less p.r.o.nounced, and high talk took on more and more the character of good sense. During the summer of 1765 the happy phrase of Isaac Barre-"these sons of liberty"-was everywhere repeated, and was put on as a kind of protective coloring by strong patriots, who henceforth thought of themselves as Sons of Liberty and no traitors at all. Rather were they traitors who would in any way justify an act of tyranny; most of all those so-called Americans, accepting the office of Stamp Master, who cunningly aspired to make a farthing profit out of the hateful business of enslaving their own countrymen.

Who these gentry might be was not certainly known until early August, when Jared Ingersoll, himself as it turned out one of the miscreants, brought the commissions over from London, whereupon the names were all printed in the papers. It then appeared that the gentleman appointed to distribute the stamps in Ma.s.sachusetts was Andrew Oliver, a man very well connected in that province and of great influence with the beet people, not infrequently entrusted with high office and perquisites, and but recently elected by the unsuspecting Bostonians to represent them in the council of Ma.s.sachusetts Bay Colony. It seemed inconsistent that a man so often honored by the people should meanwhile pledge himself to destroy their liberties; and so on the morning of the 14th of August, Mr. Oliver's effigy, together with a horned devil's head peeping out of an old boot, was to be seen hanging from the Liberty Tree at the south end of Boston, near the distillery of Thomas Chase, brewer and warm Son of Liberty. During the day people stopped to make merry over the spectacle; and in the evening, after work hours, a great crowd gathered to see what would happen. When the effigy was cut down and carried away, the crowd very naturally followed along through the streets and through the Town House, justifying themselves-many respectable people were in the crowd-for being there by calling out, "Liberty and Property forever; no Stamp." And what with tramping and shouting in the warm August evening, the whole crowd became much heated and ever more enthusiastic, so that, the line of march by some chance lying past the new stamp office and Mr. Oliver's house, the people were not to be restrained from destroying the former and breaking in the windows of the latter, in detestation of the hated Stamp Act and of the principle that property might be taken without consent. Mr. Oliver hastened to resign his office, which doubtless led many people to think the methods taken to induce him to do so were very good ones and such as might well be made further use of. It was in fact not long afterwards, about dusk of the evening of the 26th of August, that a mob of men, more deliberately organized than before, ransacked the office of William Story, Deputy Registrar of the Court of Admiralty, and, after burning the obnoxious records kept there, they forcibly entered the house, and the cellar too, of Benjamin Hallowell, Comptroller of the Customs. "Then the Monsters," says Deacon Tudor, "being enflam'd with Rum & Wine which they got in sd. Hallowell's cellar, proceeded with Shouts to the Dwelling House of the Hon-l. Thos. Hutchinson, Esq., Lieut. Governor, & enter'd in a voyalent manner." At that moment the Lieutenant-Governor was sitting comfortably at dinner and had barely time to escape with his family before the ma.s.sive front door was broken in with axes. As young Mr. Hutchinson went out by the back way he heard someone say: "d.a.m.n him, he's upstairs, we'll have him yet." They did not indeed accomplish this purpose; but when the morning broke the splendid house was seen to be completely gutted, the part.i.tion walls broken in, the roof partly off, and the priceless possessions of the owner ruined past repair: mahogany and walnut furniture finished in morocco and crimson damask, tapestries and Turkey carpets, rare paintings, cabinets of fine gla.s.s and old china, stores of immaculate linen, India paduasoy gowns and red Genoa robes, a choice collection of books richly bound in leather and many ma.n.u.script doc.u.ments, the fruit of thirty years' labor in collecting-all broken and cut and cast about to make a rubbish heap and a bonfire. From the mire of the street there was afterwards picked up a ma.n.u.script history of Ma.s.sachusetts which is preserved to this day, the soiled pages of which may still be seen in the Boston library. Mr. Hutchinson was no friend of the Stamp Act; but he was a rich man, Lieutenant-Governor of the province, and brother-in-law of Andrew Oliver.

Government offered the usual rewards-which were never claimed-for evidence leading to the detection of any persons concerned in the riots. Men of repute, including the staunchest patriots such as Samuel Adams and Jonathan Mayhew, expressed their abhorrence of mobs and of all licentious proceedings in general; but many were nevertheless disposed to think, with good Deacon Tudor, that in this particular instance "the universal Obhorrance of the Stamp Act was the cause of the Mob's riseing." It would be well to punish the mob, but punishing the mob would not cure the evil which was the cause of the mob; for where there was oppression the lower sort of people, as was well known, would be sure to express opposition in the way commonly practiced by them everywhere, in London as well as in Boston, by gathering in the streets in crowds, in which event some deplorable excesses were bound to follow, however much deprecated by men of substance and standing. If ministers wished the people to be tranquil, let them repeal the Stamp Act; if they were determined to persist in it, and should attempt to land and distribute the stamps, loyal and law-abiding citizens, however much they might regret the fact, could only say that similar disorders were very likely to become even more frequent and more serious in the future than they had been in the past.

As the first of November approached, that being the day set for the levying of the tax, attention and discussion came naturally to center on the stamps rather than on the Stamp Act. Crowds of curious people gathered wherever there seemed a prospect of catching a glimpse of the bundles of stamped papers. Upon their arrival the papers had to be landed; they could therefore be seen; and the mere sight of them was likely to be a sufficient challenge to action. It seemed a simple matter to resist a law which could be of no effect without the existence of certain papers, paper being a substance easily disposed of. And everywhere in fact the stamps were disposed of-disposed of by mobs, with the tacit consent and impalpable encouragement of many men who, having a reputable position to maintain, would themselves by no means endure to be seen in a common crowd; men of good estate whom no one could think of as countenancers of violence, but who were, on this occasion, as Mr. Livingston said, "not averse to a little rioting" on condition that it be kept within bounds and well directed to the attainment of their just rights.

A little rioting, so easy to be set on foot, was difficult to keep within reasonable bounds, as Mr. Livingston and his friends in New York soon discovered, somewhat to their chagrin. In New York, even after the stamps were surrendered by Lieutenant-Governor Colden and safely lodged in the Town House, there were many excesses wholly unnecessary to the attainment of the original object. Mr. Colden's new chariot, certainly never designed to carry the stamps, was burned; and on repeated occasions windows were broken and "particulars" threatened that their houses would presently be pulled down. Mr. Livingston was himself the owner of houses, had an immense respect for property rights and for the law that guaranteed them, and therefore wished very much that the lower sort of people would give over their mobbish practices now that the stamps had been disposed of. Since the law could not now operate without stamps, what more was necessary except to wait in good order, patiently denying themselves those activities that involved a violation of the law, until the law should be repealed? The Stamp Act Congress had protested in a proper and becoming manner; merchants had agreed not to import British goods; the Governor had closed the courts. Stopping of business would doubtless be annoying and might very likely produce some distress. But it would be legal and it would be effective: the government would get no revenue; British merchants no profit; and Americans could not be charged with violating a law the failure of which was primarily due to the fact that papers indispensable to its application were, for one reason or another, not forthcoming.

Mr. Livingston, happily possessed of the conservative temperament, was disposed to achieve desired ends with the least possible disturbance of his own affairs and those of his country; and most men of independent means, landowners and merchants of considerable estates, moneyed men and high salaried officials whose incomes were not greatly affected by any temporary business depression, were likely to be of Mr. Livingston's opinion, particularly in this matter of the Stamp Act. Sitting comfortably at dinner every day and well knowing where they could lay hands on money to pay current bills, they enjoyed a high sense of being defenders of liberty and at the same time eminently law-abiding citizens. They professed a decided preference for nullifying the Stamp Act without violating it. Sitting at dinner over their wine, they swore that they would let ships lie in harbor and rot there if necessary, and would let the courts close for a year or two years, rather than employ taxed papers to collect their just debts; with a round oath they bound themselves to it, sealing the pledge, very likely, by sipping another gla.s.s of Madeira. In the defense of just rights, Mr. Livingston and his conservative friends were willing to sacrifice much: they foresaw some months of business stagnation, which they nevertheless contemplated with equanimity, being prepared to tide over the dull time by living in a diminished manner, if necessary even dispensing with customary bottles of Madeira at dinner.

Men of radical temperament, having generally less regard for the status quo, are quick to see ulterior motives back of conservative timidity and solemn profession of respect for law and order. It was so in the case of the Stamp Act. Small shopkeepers who were soon sold out and had no great stock of "old moth-eaten goods" to offer at enhanced prices, rising young lawyers whose fees ceased with the closing of the courts, artisans and laborers who bought their dinners (no Madeira included) with their daily wage-these, and indeed all the lower sort of people, contemplated the stopping of business with much alarm. Mr. John Adams, a young lawyer of Braintree and Boston, was greatly interested in the question of the courts of justice. Were the courts to be closed on the ground that no legal business could be done without stamped papers? Or were they to go on trying cases, enforcing the 'collection of debts, and probating wills precisely as if no Stamp Act had ever been heard of? The Boston superior court was being adjourned continuously, for a fortnight at a time, through the influence of Messrs. Hutchinson and Oliver, to the great and steadily rising wrath of young Mr. Adams. The courts must soon be opened, he said to himself; their inactivity "will make a large chasm in my affairs, if it should not reduce me to distress." Young Mr. Adams, who had, no less than Mr. Oliver, a family to support and children to provide for, was just at the point of making a reputation and winning a competence "when this execrable project was set on foot for my ruin as well as that of America in general." And therefore Mr. Adams, and Mr. Samuel Adams, and Mr. Otis, and Mr. Gridley, in order to avert the ruin of America in general, were "very warm" to have the courts open and very bitter against Messrs. Hutchinson and Oliver whose "insolence and impudence and chicanery" in the matter were obvious, and whose secret motives might easily be inferred. Little wonder if these men, who had managed by hook or crook to get into their own hands or into the hands of their families nearly all the lucrative offices in the province, now sought to curry favor with ministers in order to maintain their amazing ascendancy!

When the Stamp Act was pa.s.sed, all men in America had professed themselves, and were thought to be, Sons of Liberty. Even Mr. Hutchinson had declared himself against ministerial measures. But scarce a month had elapsed since the law was to have gone into effect before it was clear to the discerning that, for all their professions, most of the "better sort" were not genuine Sons of Liberty at all, but timid sycophants, pliant instruments of despotism, far more intent upon the ruin of Mr. Adams and of America in general than any minister could be shown to be. For the policy of dispensing with activities requiring stamped papers, much lauded by these gentry as an effective and const.i.tutional means of defeating the law, was after all nothing but "a sort of admittance of the legality of the Stamp Act, and had a tendency to enforce it, since there was just reason to apprehend that the secret enemies of liberty had actually a design to introduce it by the necessity to which the people would be reduced by the cessation of business." It was well, therefore, in view of such insidious designs of secret enemies, that the people, even to the lowest ranks, should become "more attentive to their liberties, and more inquisitive about them, and more determined to defend them, than they were ever before known or had occasion to be."

To defend their liberties, not against ministers but against ministerial tools, who were secret betrayers of America, true patriots accordingly banded themselves in societies which took to themselves the name of Sons of Liberty and of which the object was, by "putting business in motion again, in the usual channels, without stamps," to prevent the Stamp Act ever being enforced. Such a society composed mainly of the lower orders of people and led by rising young lawyers, was formed in New York. On January 7, at Mr. Howard's coffee house, abandoning the secrecy which had hitherto veiled their activities, its members declared to the world their principles and the motives that would determine their action in the future:

"Resolved: That we will go to the last extremity and venture our lives and fortunes effectively to prevent the said Stamp Act from ever taking place in this city and province; Resolved: That any person who shall deliver out or receive any instrument of writing upon stamped paper... shall incur the highest resentment of this society, and be branded with everlasting infamy; Resolved: That the people who carry on business as formerly on unstamped Paper... shall be protected to the utmost power of this society."

Malicious men said that the Sons of Liberty were "much concerned that the gentlemen of fortune don't publically join them," for which reason the society "formed a committee of correspondence with the Liberty Boys in the neighboring provinces." In February, the society did in fact appoint such a committee, which sent out letters to all the counties of New York and to all the colonies except Georgia, proposing the formation of an intercolonial a.s.sociation of the true Sons of Liberty; to which letters many replies were received, some of which are still preserved among the papers of the secretary, Mr. John Lamb. The general sense of these letters was that an intercolonial a.s.sociation and close correspondence were highly necessary in view of the presence, in nearly every colony, of many "secret and inveterate enemies of liberty," and of the desirability of keeping "a watchful eye over all those who, from the nature of their offices, vocations, or dispositions, may be the most likely to introduce the use of stamped paper, to the total subversion of the British const.i.tution."

No doubt the society kept its watchful eye on every unusual activity and all suspicious characters, but to what extent it succeeded in "putting business in motion again, in the usual channels, without stamps," cannot be said. Both before and after the society was founded, much business was carried on in violation of the law: newspapers and pamphlets continued to flourish in the land; the inferior courts at least were sooner or later opened in nearly every colony; and not infrequently unstamped clearance papers were issued to shipmasters willing to take the risk of seizure in London or elsewhere. Mr. John Hanc.o.c.k, easily persuading himself that there should be no risk, shipped a cargo of oil with the Boston packet in December. "I am under no apprehensions," he wrote his London agent. "Should there be any Difficulty in London as to Marshall's clearance, You will please to represent the circ.u.mstances that no stamps could be obtained,... in which case I think I am to be justified, & am not liable to a seizure, or even run any risque at all, as I have taken the Step of the Law, and made application for clearance, & can get no other."

Notwithstanding such practices, which were frequent enough, it was a dull winter, with little profit flowing into the coffers of Mr. Hanc.o.c.k, with low wages or none at all for worthy artisans and laborers; so that it must often have seemed, as Governor Moore said, "morally impossible that the people here can subsist any time under such inconveniences as they have brought on themselves." Such inconveniences became more irksome as time pa.s.sed, with the result that, during the cold and dreary months of February and March, it became every day a more pressing question, particularly for the poor, to know whether the bad times would end at last in the repeal or the admission of the tyrannical act.

Confronted with this difficult dilemma, the faithful Sons of Liberty were preparing in April to a.s.semble a continental congress as a last resort, when rumors began to spread that Parliament was on the point of carrying the repeal. The project of a congress was accordingly abandoned, and everywhere recrimination gave place to rejoicing. On April 21, 1766, the vigilant Boston Sons voted that when the rumors should be confirmed they would celebrate the momentous event in a befitting manner-would celebrate it "Under the deepest Sense of Duty and Loyalty to our Most Gracious Sovereign King George, and in respect and Grat.i.tude to the Patriotic Ministry, Mr. Pitt, and the Glorious Majority of both Houses of Parliament, by whose Influence, under Divine Providence, against a most strenuous Opposition, a happy Repeal of the Stamp Act, so unconst.i.tutional as well as Grievous to His Majesty's good Subjects of America, is attained; whereby our incontestible Right of Internal Taxation remains to us inviolate."

CHAPTER IV. Defining The Issue

A pepper-corn, in acknowledgement of the right, is of more value than millions without it.-George Grenville.

A perpetual jealousy respecting liberty, is absolutely requisite in all free states.-John d.i.c.kinson.

Good Americans everywhere celebrated the repeal of the Stamp Act with much festivity and joyful noises in the streets, and with "genteel entertainments" in taverns, where innumerable toasts were drunk to Liberty and to its English defenders. Before his house on Beacon Hill, Mr. John Hanc.o.c.k, on occasion a generous man, erected a platform and placed there a pipe of Madeira which was broached for all comers. At Colonel Ingersoll's, where twenty-eight gentlemen attended to take dinner, fifteen toasts were drunk, "and very loyal they were, and suited to the occasion"; upon which occasion, we are told, Mr. Hanc.o.c.k again "treated every person with cheerfulness." Throughout the land men with literary gifts, or instincts, delivered themselves of vigorous free verse, founded upon the ant.i.thesis of Freedom and Tyranny, and enforcing the universal truth that "in the unequal war Oppressors fall, the hate, contempt, and endless curse of all." In New York, on the occasion of the King's birthday, an ox was roasted whole in the Fields, and twenty kegs of beer were opened for a great dinner at the King's Arms; and afterwards, through the generosity of the a.s.sembly of that province, there was erected on the Bowling Green a mounted statue-made of lead but without present intention of being turned into bullets representing His Majesty King George the Third, of ever glorious memory, the Restorer of Liberty.

The joyful Americans could not know how little King George aspired to be thought the Restorer of Liberty. In reality he was extremely sulky in his silent, stubborn way over the repeal of the Stamp Act, and vexed most particularly at the part which he himself had been forced to play in it. The idea of a Patriot King, conceived by Lord Bolingbroke (one-time Jacobite exile) and instilled into the mind of the young Hanoverian monarch by an ambitious mother, had little to do with liberty, either British or colonial, but had much to do with authority. The Patriot King was to be a king indeed, seeking advice of all virtuous men of whatever connections, without being bound by any man or faction of men. It was not to restore liberty, nor yet to destroy it, but to destroy factions, that the King was ambitious; and for this purpose he desired a ministry that would do his bidding without too much question. If Mr. Grenville did not satisfy His Majesty, it was not on account of the Stamp Act, in respect to which the King was wholly of Mr. Grenville's opinion that it was a just law and ought to be enforced. In July, 1765, when Mr. Grenville was dismissed, there had indeed as yet been no open resistance in America; and if the King had been somewhat annoyed by the high talk of his loyal subjects in Virginia, he had been annoyed much more by Mr. Grenville, who was disposed, in spite of his outward air of humility and solemn protestations of respect, to be very firm with His Majesty in the matter of ministerial prerogative, reading him from time to time carefully prepared pedantic little curtain lectures on the customs of the Const.i.tution and the duties of kings under particular circ.u.mstances.

Unable to endure Mr. Grenville longer, the King turned to Mr. Pitt. This statesman, although extremely domineering in the House, was much subdued in the presence of his sovereign, and along with many defects had one great virtue in his Majesty's eyes, which was that he shared the King's desire to destroy the factions. The King was accordingly ready to receive the Great Commoner, even though he insisted on bringing "the Const.i.tution," and Earl Temple into the bargain, with him to St. James's Palace. But when it appeared that Earl Temple was opposed to the repeal of the Stamp Act, Mr. Pitt declined after all to come to St. James's on any terms, even with his beloved Const.i.tution; whereupon the hara.s.sed young King, rather than submit again to Mr. Grenville's lectures, surrendered himself, temporarily, to the old-line Whigs under the lead of the Marquis of Rockingham. In all the negotiations which ended in this unpromising arrangement of the King's business, the Stamp Act had apparently not been once mentioned; except that Mr. Grenville, upon retiring, had ventured to say to His Majesty, as a kind of abbreviated parting homily, that if "any man ventured to defeat the regulations laid down for the colonies, by a slackness in the execution, he [Mr. Grenville] should look upon him as a criminal and the betrayer of his country."

The Marquis of Rockingham and his friends had no intention of betraying their country. They had, perhaps, when they were thus accidentally lifted to power, no very definite intentions of any sort. Respecting the Stamp Act, as most alarming reports began to come in from America, His Majesty's Opposition, backed by the landed interest and led by Mr. Grenville and the Duke of Bedford, knew its mind much sooner than ministers knew theirs. America was in open rebellion, they said, and so far from doing anything about it ministers were not even prepared, four months after disturbances began, to lay necessary information before the House. Under pressure of such talk, the Marquis of Rockingham had to make up his mind. It would be odd and contrary to well-established precedent for ministers to adopt a policy already outlined by Opposition; and in view of the facts that good Whig tradition, even if somewhat obscured in latter days, committed them to some kind of liberalism, that the City and the mercantile interest thought Mr. Grenville's measures disastrous to trade, and that they were much in need of Mr. Pitt's eloquence to carry them through, ministers at last, in January, 1766, declared for the repeal.

Now that it was a question of repealing Mr. Grenville's measures, serious attention was given to them; and honorable members, in the notable debate of 1766, learned much about America and the rights of Englishmen which they had not known before. Lord Mansfield, the most eminent legal authority in England, argued that the Stamp Act was clearly within the power of Parliament, while Lord Camden, whose opinion was by no means to be despised, staked his reputation that the law was unconst.i.tutional. Mr. Grenville, in his precise way, laid it down as axiomatic that since "Great Britain protects America, America is therefore bound to yield obedience"; if not; he desired to know when Americans were emanc.i.p.ated. Whereupon Mr. Pitt, springing up, desired to know when they were made slaves. The Great Commoner rejoiced that America had resisted, and expressed the belief that three millions of people so dead to all the feelings of liberty as voluntarily to submit to be made slaves would be very fit instruments to make slaves of all Englishmen.

Honorable members were more disposed to listen to Mr. Pitt than to vote with him; and were doubtless less influenced by his hot eloquence than by the representations of English merchants to the effect that trade was being ruined by Mr. Grenville's measures. Sir George Seville, honorable member for Yorkshire, spoke the practical mind of business men when he wrote to Lord Rockingham: "Our trade is hurt; what the devil have you been doing? For our part, we don't pretend to understand your politics and American matters, but our trade is hurt: pray remedy it, and a plague of you if you won't." This was not so eloquent as Mr. Pitt's speech, but still very eloquent in its way and more easily followed than Mr. Pitt's theory that "taxation is no part of the governing or legislative power."

Const.i.tutional arguments, evenly balanced pro and con, were not certain to change many minds, while such brief statements as that of Sir George Seville, although clearly revealing the opinion of that gentleman, did little to enlighten the House on the merits of the question. That members might have every opportunity to inform themselves about America, the ministers thought it worth while to have Benjamin Franklin of Philadelphia, printer and Friend of the Human Race, brought before the bar of the House to make such statements of fact or opinion as might be desired of him. The examination was a long one; the questions very much to the point; the replies very ready and often more to the point than the questions. With much exact information the provincial printer maintained that the colonists, having taxed themselves heavily in support of the last war, were not well able to pay more taxes, and that, even if they were abundantly able, the sugar duties and the stamp tax were improper measures. The stamps, in remote districts, would frequently require more in postage to obtain than the value of the tax. The sugar duties had already greatly diminished the volume of colonial trade, while both the duties and the tax, having to be paid in silver, were draining America of its specie and thus making it impossible for merchants to import from England to the same extent as formerly. It was well known that at the moment Americans were indebted to English merchants to the amount of several million pounds sterling, which they were indeed willing, as English merchants themselves said, but unable to pay. Necessarily, therefore, Americans were beginning to manufacture their own cloth, which they could very well do. Before their old clothes were worn out they "would have new ones of their own making."

Against the Stamp Act, honorable members were reminded, there was a special objection to be urged. It was thought with good reason to be unconst.i.tutional, which would make its application difficult, if not impossible. Troops might no doubt be sent to enforce it, but troops would find no enemy to contend with, no men in arms; they would find no rebellion in America, although they might indeed create one. Pressed by Mr. Townshend to say whether the colonies might not, on the ground of Magna Carta, as well deny the validity of external as internal taxes, the Doctor was not ready to commit himself on that point. It was true many arguments had lately been used in England to show Americans that, if Parliament has no right to tax them internally, it has none to tax them externally, or to make any other law to bind them; in reply to which, he could only say that "at present they do not reason so, but in time they may possibly be convinced by these, arguments."

Whether the Parliament was truly enlightened and resolved by statistical information and lofty const.i.tutional argument is not certainly known; but it is known that the King, whose steady mind did not readily change, was still opposed to the repeal, a fact supposed to be not without influence in unsettling the opinions of some honorable members. Lord Mansfield had discreetly advised His Majesty that although it was contrary to the spirit of the const.i.tution to "endeavour by His Majesty's name to carry questions in Parliament, yet where the lawful rights of the King and Parliament were to be a.s.serted and maintained, he thought the making His Majesty's opinion in support of those rights to be known, was very fit and becoming."

The distinction was subtle, but perhaps not too subtle for a great lawyer. It was apparently not too subtle for a Patriot King, since certain n.o.ble lords who could be counted on to know the King's wishes conveyed information to the proper persons that those who found it against their conscience to vote for the repeal would not for that reason be received coldly at St. James's Palace. In order to preserve the const.i.tution as well as to settle the question of the repeal on its merits, Lord Rockingham and the Earl of Shelburne obtained an interview with the King at which they pointed out to him the manifest irregularity of such a procedure, and in addition expressed their conviction that, on account of the high excitement in the City, failure to repeal the Stamp Act would be attended with very serious consequences. Whether to preserve the Const.i.tution, or to allow the repeal to be determined on its merits, or for some other reason, the King at last gave in writing his consent to the ministers' measure. On February 22, by a vote of 275 to 167, Mr. Conway was given leave to bring in the bill for a total repeal of the Stamp Act. The bill was accordingly brought in, pa.s.sed by both houses, and on March 18 a.s.sented to by the King.

In the colonies the repeal was thought to be a victory for true principles of government, at least a tacit admission by the mother country that the American interpretation of the Const.i.tution was the correct one. No Englishman denied that the repeal was an American victory; and there were some, like Pitt and Camden, who preferred the const.i.tutional theories of Daniel Dulaney * to those of George Grenville. But most Englishmen who took the trouble to have any views on such recondite matters, having in general a poor opinion of provincial logic, easily dismissed the whole matter with the convincing phrase of Charles Townshend that the distinction between internal and external taxes was "perfect nonsense." The average Briton, taking it for granted that all the subtle legal aspects of the question had been thoroughly gone into by Lord Mansfield, was content to read Mr. Soame Jenyns, a writer of verse and member of the Board of Trade, who in a leisure hour had recently turned his versatile mind to the consideration of colonial rights with the happiest results. In twenty-three very small pages he had disposed of the "Objections to the Taxation of Our American Colonies" in a manner highly satisfactory to himself and doubtless also to the average reading Briton, who understood const.i.tutional questions best when they were "briefly considered," and when they were humorously expounded in pamphlets that could be had for sixpence.

*Daniel Dulaney, of Maryland, was the author of a pamphlet ent.i.tled "Considerations on the Propriety of Imposing Taxes on the British Colonies." Pitt, in his speech on the repeal of the Stamp Act, referred to in this pamphlet as a masterly performance.

Having a logical mind, Mr. Jenyns easily perceived that taxes could be objected to on two grounds: the ground of right and the ground of expediency. In his opinion the right of Parliament to lay taxes on America and the expediency of doing so at the present moment were propositions so clear that any man, in order not to bring his intelligence in question, needed to apologize for undertaking to defend them. Mr. Jenyns wished it known that he was not the man to carry owls to Athens, and that he would never have thought it necessary to prove either the right or the expediency of taxing our American colonies, "had not many arguments been lately flung out... which with insolence equal to their absurdity deny them both." With this conciliatory preliminary disclaimer of any lack of intelligence on his own part, Mr. Jenyns proceeded to point out, in his most happy vein, how unsubstantial American reasoning really appeared when, brushing aside befogging irrelevancies, you once got to the heart of the question.

The heart of the question was the proposition that there should be no taxation without representation; upon which principle it was necessary to observe only that many individuals in England, such as copyholders and leaseholders, and many communities, such as Manchester and Birmingham, were taxed in Parliament without being represented there. If Americans quoted you "Lock, Sidney, Selden, and many other great names to prove that every Englishman ... is still represented in Parliament," he would only ask why, since Englishmen are all represented in Parliament, are not all Americans represented in exactly the same way? Either Manchester is not represented or Ma.s.sachusetts is. "Are Americans not British subjects? Are they not Englishmen? Or are they only Englishmen when they solicit protection, but not Englishmen when taxes are required to enable this country to protect them?" Americans said they had a.s.semblies of their own to tax them, which was a privilege granted them by charter, without which "that liberty which every Englishman has a right to is torn from them, they are all slaves, and all is lost." Colonial charters were, however, "undoubtedly no more than those of all corporations, which empower them to make bye-laws." As for "liberty," the word had so many meanings," having within a few years been used as a synonymous term for Blasphemy, Bawdy, Treason, Libels, Strong Beer, and Cyder," that Mr. Jenyns could not presume to say what it meant.

Against the expediency of the taxes, Mr. Jenyns found that two objections had been raised: that the time was improper and the manner wrong as to the manner, the colonies themselves had in a way prescribed it, since they had not been able at the request of ministers to suggest any other. The time Mr. Jenyns thought most propitious, a point upon which he grew warm and almost serious.

"Can any time be more proper to require some a.s.sistance from our colonies, to preserve to themselves their present safety, than when this country is almost undone by procuring it? Can any time be more proper to impose some tax upon their trade, than when they are enabled to rival us in their manufactures by the encouragement and protection which we have given them? Can any time be more proper to oblige them to settle handsome incomes on their governors, than when we find them unable to procure a subsistence on any other terms than those of breaking all their instructions, and betraying the rights of their Sovereign?... Can there be a more proper time to force them to maintain an army at their expence, than when that army is necessary for their own protection, and we are utterly unable to support it? Lastly, can there be a more proper time for this mother country to leave off feeding out of her own vitals these children whom she has nursed up, than when they are arrived at such strength and maturity as to be well able to provide for themselves, and ought rather with filial duty to give some a.s.sistance to her distresses?"

Americans, after all, were not the only ones who might claim to have a grievance!

It was upon a lighter note, not to end in anticlimax, that Mr. Jenyns concluded his able pamphlet. He had heard it hinted that allowing the colonies representation in Parliament would be a simple plan for making taxes legal. The impracticability of this plan, he would not go into, since the plan itself had nowhere been seriously pressed, but he would, upon that head, offer the following consideration:

"I have lately seen so many specimens of the great powers of speech of which these American gentlemen are possessed, that I should be much afraid that the sudden importation of so much eloquence at once would greatly endanger the safety of the government of this country.... If we can avail ourselves of these taxes on no other condition, I shall never look upon it as a measure of frugality, being perfectly satisfied that in the end, it will be much cheaper for us to pay their army than their orators."

Mr. Jenyns's pamphlet, which could be had for sixpence, was widely read, with much appreciation for its capital wit and extraordinary common sense; more widely read in England than Mr. James Otis's "Rights of the British Colonies a.s.serted and Proved" or Daniel Dulaney's "Considerations on the Propriety of Imposing Taxes on the British Colonies"; and it therefore did much more than these able pamphlets to clarify English opinion on the rights of Parliament and the expediency of taxing America. No one could deny that Government had yielded in the face of noisy clamor and forcible resistance. To yield under the circ.u.mstances may have been wise or not; but Government had not yielded on any ground of right, but had on the contrary most expressly affirmed, in the Declaratory Act, that "the King's Majesty, by and with the advice of the lords spiritual and temporal, and commons of Great Britain, in Parliament a.s.sembled, had, hath, and of right ought to have, full power and authority to make such laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain, in all cases whatsoever." Government had not even denied the expediency of taxing America, the total repeal of the Stamp Act and the modification of the Sugar Act having been carried on a consideration of the inexpediency of these particular taxes only. Taxes not open to the same objection might in future be found, and doubtless must be found, inasmuch as the troops were still retained in America and the Quartering Act continued in force there. For new taxes, however, it would doubtless be necessary to await the formation of a new ministry.

The formation of a new ministry was not an unusual occurrence in the early years of King George the Third. No one supposed that Lord Rockingham could hold on many months; and as early as July, 1766, all London knew that Mr. Pitt had been sent for. The coming and going of great men in times of ministerial crisis was always a matter of interest; but the formation of that ministry of all the factions which the Patriot King had long desired was something out of the ordinary, the point of greatest speculation being how many irreconcilables Mr. Pitt (the Earl of Chatham he was now) could manage to get seated about a single table. From the point of view of irreconcilability, no one was more eligible than Mr. Charles Townshend, at that moment Paymaster of the Forces, a kind of enfant terrible of English politics, of whom Horace Walpole could say, with every likelihood of being believed, that "his speech of last Friday, made while half drunk, was all wit and indiscretion; n.o.body but he could have made it, n.o.body but he would have made it if he could. He beat Lord Chatham in language, Burke in metaphors, Grenville in presumption, Rigby in impudence, himself in folly, and everybody in good humour."

This gentleman, much to his astonishment, one day received the following note from Lord Chatham: "Sir: You are too great a magnitude not to be in a responsible place; I intend to propose you for Chancellor of the Exchequer, and must desire to have your answer by nine o'clock tonight." Mr. Townshend was dismayed as well as astonished, his dismay arising from the fact that the office of Chancellor of the Exchequer was worth but 2700 pounds, which was precisely 4300 pounds less than he was then receiving as Paymaster of the Forces. To be a great magnitude on small pay had its disadvantages, and Mr. Townshend, after remaining home all day in great distress of mind, begged Mr. Pitt to be allowed to retain the office of Paymaster; which was no sooner granted than he changed his mind and begged Mr. Pitt to be allowed to accept the Exchequer place, which Mr. Pitt at first refused and was only persuaded to grant finally upon the intercession of the Duke of Grafton. The day following, Mr. Townshend accordingly informed the King that he had decided, in view of the urgent representations of the Earl of Chatham, to accept the office of Chancellor of the Exchequer in his Majesty's new ministry.

No one supposed, least of all himself, that this delightful man would have any influence in formulating the policies of the Chatham ministry. Lord Chatham's policies were likely to be his own; and in the present case, so far as America was concerned, they were not such as could be readily a.s.sociated with Mr. Townshend's views, so far as those views were known or were not inconsistent. For dealing with America, the Earl of Shelburne, because of his sympathetic understanding of colonial matters, had been brought into the ministry to formulate a comprehensive and conciliatory plan; as for the revenue, always the least part of Lord Chatham's difficulties as it was the chief of Mr. Grenville's, it was thought that the possessions of the East India Company, if taken over by the Government, would bring into the Treasury sums quite sufficient to pay the debt as well as to relieve the people, in England and America at least, of those heavy taxes which Mr. Grenville and his party had thought necessarily involved in the extension of empire. It was a curious chapter of accidents that brought all these well laid plans to nought. Scarcely was the ministry formed when the Earl of Chatham, incapacitated by the gout, retired into a seclusion that soon became impenetrable; and "even before this resplendent orb was entirely set, and while the western horizon was in a blaze with his descending glory, on the opposite quarter of the heavens arose another luminary, and, for his hour, became lord of the ascendant." This luminary was Mr. Charles Townshend.

Mr. Townshend was the "delight and ornament" of the House, as Edmund Burke said. Never was a man in any country of "more pointed and finished wit, or (where his pa.s.sions were not concerned) of a more refined, exquisite, and penetrating judgment"; never a man to excel him in "luminous explanation and display of his subject," nor ever one less tedious or better able to conform himself exactly to the temper of the House which he seemed to guide because he was always sure to follow it. In 1765 Mr. Townshend had voted for the Stamp Act, but in 1766, when the Stamp Act began to be no favorite, he voted for the repeal, and would have spoken for it too, if an illness had not prevented him. And now, in 1767, Mr. Townshend was Chancellor of the Exchequer, and as such responsible for the revenue; a man without any of that temperamental obstinacy which persists in opinions once formed, and without any fixed opinions to persist in; but quite disposed, according to habit, to "hit the House just between wind and water," and to win its applause by speaking for the majority, or by "haranguing inimitably on both sides" when the majority was somewhat uncertain.

In January, 1767, when Lord Chatham was absent and the majority was very uncertain, Mr. Grenville took occasion, in the debate upon the extraordinaries for the army in England and America, to move that America, like Ireland, should support its own establishment. The opportunity was one which Mr. Townshend could not let pa.s.s. Much to the astonishment of every one and most of all to that of his colleagues in the ministry, he supported Mr. Grenville's resolution, declaring himself now in favor of the Stamp Act which he had voted to repeal, treating "Lord Chatham's distinction between internal and external taxation as contemptuously as Mr. Grenville had done," and pledging himself able, if necessary, to find a revenue in America nearly adequate to the proposed project. The Earl of Shelburne, in great distress of mind, at once wrote to Lord Chatham, relating the strange if characteristic conduct of the Chancellor of the Exchequer, and declaring himself entirely ignorant of the intentions of his colleagues. It was indeed an anomalous situation. If Lord Chatham's policies were still to be considered those of the ministry, Mr. Townshend might be said to be in opposition, a circ.u.mstance which made "many people think Lord Chatham ill at St. James's" only.

Lord Chatham was not ill at St. James's. He was most likely very well at St. James's, being unable to appear there, thus leaving the divided ministry amenable to the King's management or helpless before a factious Opposition. The opportunity of the Opposition came when the Chancellor of the Exchequer, in February, proposed to continue the land tax at four shillings for one year more, after which time, he thought, it might be reduced to three shillings in view of additional revenues to be obtained from the East India Company. But Opposition saw no reason why, in view of the revenue which Mr. Townshend had pledged himself to find in America, a shilling might not be taken from the land at once, a proposal which Mr. Dowdeswell moved should be done, and which was accordingly voted through the influence of Mr. Grenville and the Duke of Bedford, who had formerly carried the Stamp Act, aided by the Rockingham Whigs who had formerly repealed it. If Lord Chatham was ill at St. James's, this was a proper time to resign. It was doubtless a proper time to resign in any case. But Lord Chatham did not resign: In March he came to London, endeavored to replace Mr. Townshend by Lord North, which he failed to do, and then retired to Bath to be seen no more, leaving Mr. Townshend more than ever "master of the revels."

Mr. Townshend did not resign either, but continued in office, quite undisturbed by the fact that a cardinal measure of the ministry had been decisively voted down. Mr. Townshend reasoned that if Opposition would not support the ministry, all difficulties would be straightened out by the ministry's supporting the Opposition. This was the more reasonable since Opposition had perhaps been right after all, so far as the colonies were concerned. Late reports from that quarter seemed to indicate that the repeal of the Stamp Act, far from satisfying the Americans, had only confirmed that umbrageous people in a spirit of licentiousness, which was precisely what Opposition had predicted as the sure result of any weak concession. The New York a.s.sembly, it now appeared, refused to make provision for the troops according to the terms of the Quartering Act; New York merchants were pet.i.tioning for a further modification of the trade acts; the precious Bostonians, wrangling refined doctrinaire points with Governor Bernard, were making interminable difficulties about compensating the sufferers from the Stamp Act riots. If Lord Chatham, in February, 1767, could go so far as to say that the colonies had "drunk deep of the baneful cup of infatuation," Mr. Townshend, having voted for the Stamp Act and for its repeal, might well think, in May, that the time was ripe for a return to rigorous measures.

On May 13, in a speech which charmed the House, Mr. Townshend opened his plan for settling the colonial question. The growing spirit of insubordination, which must be patent to all, he thought could be most effectively checked by making an example of New York, where defiance was at present most open; for which purpose it was proposed that the meetings of the a.s.sembly of that province be totally suspended until it should have complied with the terms of the Mutiny Act. As one chief source of power in colonial a.s.semblies which contributed greatly to make them insubordinate was the dependence of executive officials upon them for salaries, Mr. Townshend now renewed the proposal, which he had formerly brought forward in 1763, to create an independent civil list for the payment of governors and judges from England. The revenue fox such a civil list would naturally be raised in America. Mr. Townshend would not, however, venture to renew the Stamp Act, which had been so opposed on the ground of its being an internal tax. He was free to say that the distinction between internal and external taxes was perfect nonsense; but; since the logical Americans thought otherwise, he would concede the point and would accordingly humor them by laying only external duties, which he thought might well be on various kinds of gla.s.s and paper, on red and white lead, and upon teas, the duties to be collected in colonial ports upon the importation of these commodities from England. It was estimated that the duties might altogether make about 40,000 pounds, if the collection were properly attended to; and in order that the collection might be properly attended to, and for the more efficient administration of the American customs in general, Mr. Townshend further recommended that a Board of Customs Commissioners be created and established in Ma.s.sachusetts Bay. With slight opposition, all these recommendations were enacted into law; and the Commissioners of the Customs, shortly afterward appointed by the King, arrived in Boston in November, 1767.

At Boston, the Commissioners found much to be done in the way of collecting the customs, particularly in the matter of Madeira wines. Madeira wines were much drunk in the old Bay colony, being commonly imported directly from the islands, without too much attention to the duty of 7 pounds per ton lawfully required in that case. Mr. John Hanc.o.c.k, a popular Boston merchant, did a thriving business in this way; and his sloop Liberty, in the ordinary course of trade, carrying six pipes of "good saleable Madeira" for the coffeehouse retailers, four pipes of the "very best" for his own table, and "two pipes more of the best... for the Treasurer of the province," entered the harbor on May 9, 1768. In the evening Mr. Thomas Kirk, tide-waiter, acting for the Commissioners, boarded the sloop, where he found the captain, Nat Bernard, and also, by some chance, another of Mr. Hanc.o.c.k's skippers, young James Marshall, together with half a dozen of his friends. They sat with punch served by the captain all round until nine o'clock, when young James Marshall casually asked if a few casks might not as well be set on sh.o.r.e that evening. Mr. Kirk replied that it could not be done with his leave; whereupon he found himself "hoved down" into the cabin and confined there for three hours, from which point of disadvantage he could distinctly hear overhead "a noise of many people at work, a-hoisting out of goods." In due time Mr. Kirk was released, having suffered no injury, except perhaps a little in his official character. Next day Mr. Hanc.o.c.k's cargo was duly entered, no pipes of Madeira listed; and to all appearance the only serious aspect of the affair was that young James Marshall died before morning, it was thought from overexertion and excitement.