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The Eve of the Revolution

Chapter 5 DEFINING THE ISSUE

Word Count: 10556    |    Released on: 06/12/2017

the right, is of more value than mi

iberty, is absolutely requisite i

ed to take dinner, fifteen toasts were drunk, "and very loyal they were, and suited to the occasion"; upon which occasion, we are told, Mr. Hancock again "treated every person with cheerfulness." Throughout the land men with literary gifts, or instincts, delivered themselves of vigorous free verse, founded upon the antithesis of Freedom and Tyranny, and enforcing the universal truth that "in the unequal war Oppressors fall, the hate, contempt, and endless curse of

g 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.

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 Constitution; whereupon the harassed 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 negoti

ooner 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

hin the power of Parliament, while Lord Camden, whose opinion was by no means to be despised, staked his reputation that the law was unconstitutional. 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 we

eorge 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

ng 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 th

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

eal, 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 constitution to "endeavour by His Majest

onstitution 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. Wh

ondite 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

s on the Propriety of Imposing Taxes on the British Colonies. Pitt, in his speech

igence 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 inso

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 Massachusetts 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 Assemblies of their own to tax them, which was a privilege granted t

nner wrong. As to the manner, the colonies themselves had in a way prescribed it, since they had not been able at the request of

e 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

not the only ones who might

g the colonies representation in Parliament would be a simple plan for making taxes legal. The impracticability of this plan, he would

ation 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

clamor and forcible resistance. To yield under the circumstances 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 assembled, 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 G

hich 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 Engli

lor of the Exchequer was worth but £2700, which was precisely £4300 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.

o 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

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 resp

y, 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

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 th

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 Assembly, it now appeared, refused to make provision for the troops according to the terms of the Quartering Act; New York merchants were petitioning for a further modification of the trade a

, 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 for 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 glass and paper, on red and white lead, a

le, 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. Hancock'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 shore that evening. Mr. Kirk replied that it could not be

ir houses were broken, and a boat belonging to a collector was hauled on shore and burnt on the Common. Governor Bernard at last informed the Commissioners that he could not protect them in Boston, whereupon they retired with their families to the Romney, and later to Castle William. There they continued, under difficulties, the work of systematizing the American customs; and not without success, inasmuch as the income from the duties during the years from 1768 to 1774 averaged about £30,000 s

s magnified. The people, says Hutchinson, "had been used to answer to the call of the town watch in the night, yet they did not like to answer to the frequent calls of the centinels posted at the barracks; … and either a refusal to answer, or an answer accompanied with irritating language, endangered the peace of the town." On Sundays, e

brought many people into the streets, especially boys, whom one may easily imagine catching up, as they ran, handfuls of damp snow to make snowballs. For snowballs, there could be no better target than red-coated sentinels standing erect and motionless at the post of duty; and it chanced that one of these individuals, stationed before the Customs House door, w

anded in no uncertain terms the removal of the troops from Boston. Under the circumstances, six hundred British soldiers would have fared badly in Boston; and in order to prevent further bloodshed, acting Governor Hutchinson finally gave the order. Within a fortnight, the two small regiments

self incur popular displeasure for having defended the soldiers. But he could, even at that early date, divine the motives of the British government in sending the troops to Boston. To his mind, "the very appearance of the troops in Boston was a strong proof … that the determination of Great Britain to subjugate us was too deep and inveterate to be altered." All the measures of ministry seemed indeed to confirm that view. Mr. Townshend's condescension i

ment, be abolished? And had not the New York Assembly been suspended by act of Parliament? And were not the new duties to be used to pay governors and judges, thus by subtle indirection undermining the very basis of legislative independence? And now, in the year 1768, the Massachusetts Assembly, having sent a circular letter to the other colonies requesting concerted action in defense

ericans, wishing to be thought logical as well as loyal, could not well say at this late date that Parliament had no right to lay duties in regulation of trade. Must they then submit to the Townshend duties? Or was it possible to draw a line, making a distinction, rather more subtle than the old one between internal and external taxes, between duties for regulatio

regulative to some extent. It might be objected that "it will be difficult for any persons but the makers of the laws to determine which of them are made for regulation of trade, and which for raising a revenue." This was true enough but at present of academic importance only, inasmuch as the makers of the Sugar Act, the Stamp Act, and the Townshend duties had conveniently and very clearly proclaimed their intention to be the raising of a revenue. Yet this question, academic now, might soon become extremely practical. The makers of laws might not always express their intention so explicitly; they

act from the intention of its makers, and the intention of its makers from the nature of the act, contributed more than any other

lish their assemblies through which they alone could tax themselves. The second point Mr. Dickinson did not clearly answer, although it was undoubtedly most fundamental. To this point Mr. Samuel Adams had given much thought; and in letters which he drafted for the Massachusetts Assembly, in the famous circular letter particularly, and in the letter of January 12, 1769, sent to the Assembly's agent in England, Mr. Dennys De Berdt, Mr. Adams formulated a theory desi

, which would indeed give Parliament an ultimate and therefore a despotic authority, but in "the law of God and nature." There were in the British Empire many legislatures, all deriving their authority from, and all finding their limitations in, the Constitution. Parliament had certainly a supreme or superintending legislative authority in the Empire, as the colonial assemblies had a "subordinate," in the sense of a local, legislative authority; but neither the Parliament nor any colonial assembly could "overleap the Constitution without destroying its own foundation." An

a and irretrievably bent upon her ruin, would pronounce all his careful distinctions ridiculous and would still reply to every argument by the mere assertion, as a fact behind which one could not go, that Parliament had always had and must ther

ost carrying power in proportion to their subtlety; and in the opinion of so good a judge as Benjamin F

n Parliament to "regulate the trade of the colonies," it being difficult to draw lines between duties for regulation and those for revenue; and, if the Parliament is to be the judge, it seems to me that establishing such a principle of distinction will amount to little. The more I have thought and read on the subject, the more I find myself confirme

the matter since the day when Mr. Grenville had called him in to le

mly convinced from past experience that an Englishman's ability to see reason was never great except when his pocket was touched. Practical men were therefore generally of the opinion that they could best demonstrate their rights by exhibiting their

st of October next; provided Boston and Philadelphia adopt similar measures by the first of June." Philadelphia merchants said they were not opposed to the principle of non-importation, but greatly feared the New York plan would serve to create a monopoly by enabling men of means to lay in a large stock of goods before the agreement went into effect. This was very true; but the objection, if it was an objection, proved no

ions, the experiment was not without effect upon English merchants. English merchants, but little interested in the decline or increase of trade to particular colonies, were chiefly aware that the total exportation to America was nearly a million pounds less in 1769 than in 1768. Understanding little about colonial rights, but knowing only, as in 1766, that their "trade was hurt," they accordingly applied once more to Parliament for relief. The commerce with America which was "so essenti

e now labored were manifest, but he could not think, with the petitioners, that these inconveniences arose from "the nature of the duties" so much as "through the medium of the dissatisfaction of the Americans, and those combinations and associations of which we have heard"-associations and combinations which had been called, in an address to the House, "unwarrantable," but which he for his part would go so far as t

members had been in favor of repealing all the duties and some were still in favor of doing so. As to that, the first minister could only say that he had not formerly been opposed to it and would not now be opposed to it, had the Americans, in response to the Earl of Hillsborough's letter, exhibited any disposition to cease their illegal disturbances or renounce their combinations. But the fact was that

volved a certain amount of personal sacrifice. This sacrifice, however, fell chiefly on the consumers, the non-importation not being under certain circumstances altogether without advantage to merchants who faithfully observed their pledges as well as to those who observed them only occasionally. So long as their warehouses, well stocked in advance, contained anything that could be sold at a higher price than formerly, non-importation was no bad thing even for those merchants who observed the agreement. For those who did not observe the agreement, as well as for those who engaged in the smuggling trad

tirement, in November, 1768, of the last issues of the old Bills of Credit, according to the terms of the Paper Currency Act passed by Parliament during Mr. Grenville's administration. As a result of this retirement of all the paper money in the province, money of any sort was exceedingly scarce during the years 1769 and 1770. Lyon dollars were rarely seen; and the quantity of Spanish silver brought into the colony through the trade with the foreign islands, formerly considerable but now greatly diminished by the stricter enforcement of the Townshend Trade Acts, was hardly sufficient for local

not disposed to continue an experiment of which, as they said, they had borne the chief burden to the advantage of others and to their own impending ruin. Zealous Sons of Liberty, such as Alexander MacDougall and John Lamb, popular leaders of the "Inhabitants" of the city, were on the other hand determined that the non-importation agreement should be maintained unimpaired. The hard times, they said, were

the Sons of Liberty, but made provision for a dinner of their own at another place, where all the Friends of Liberty and Trade were invited to be present. Both dinners were well attended, and at both the repeal of the Stamp Act was celebrated with patriotic enthusiasm, the main difference bein

mbly, passed a special act permitting New York to issue £120,000 in Bills of Credit receivable at the Treasury. It was thought that concession on the part of Great Britain ought in justice to meet with concession on the part of America. Accordingly, on the ground that other towns, and Boston in particular, were more active "in resolving what they ought to do than in doing what they had resolved," a

rt any British teas. The duty on British teas was slight. Americans might have paid the duty without increasing the price of their much prized luxury; ministers might have collected the same duty in England to the advantage of the Exchequer. That

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