Formation of the Union, 1750-1829 Part 5

[Sidenote: Navigation acts.]

[Sidenote: Effect of the system.]

The object of the first series was simply to secure obedience to the Navigation Acts (Colonies, Section 44, 128),--laws long on the statute book, and admitted by most Americans to be legal. The Acts were intended simply to secure to the mother-country the trade of the colonies; they were in accordance with the practice of other nations; they were far milder than the similar systems of France and Spain, because they gave to colonial vessels and to colonial merchants the same privileges as those enjoyed by English s.h.i.+p-owners and traders. The Acts dated from 1645, but had repeatedly been re-enacted and enlarged, and from time to time more efficient provision was made for their enforcement. In the first place, the Navigation Acts required that all the colonial trade should be carried on in s.h.i.+ps built and owned in England or the colonies. In the second place, most of the colonial products were included in a list of "enumerated goods," which could be sent abroad, even in English or colonial vessels, only to English ports. The intention was to give to English home merchants a middleman's profit in the exchange of American for foreign goods. Among the enumerated goods were tobacco, sugar, indigo, copper, and furs, most of them produced by the tropical and sub-tropical colonies. Lumber, provisions, and fish were usually not enumerated; and naval stores, such as tar, hemp, and masts, even received an English bounty. In 1733 was pa.s.sed the "Sugar Act," by which prohibitory duties were laid on sugar and mola.s.ses imported from foreign colonies to the English plantations, Many of these provisions little affected the continental colonies, and in some respects were favorable to them. Thus the restriction of trade to English and colonial vessels stimulated s.h.i.+p- building and the s.h.i.+pping interest in the colonies. From 1772 to 1775 more than two thousand vessels were built in America.

[Sidenote: Illegal trade.]

[Sidenote: Difficulty of enforcement.]

The chief difficulty with the system arose out of the obstinate determination of the colonies, especially in New England, to trade with their French and Spanish neighbors in the West Indies, with or without permission: they were able in those markets to sell qualities of fish and lumber for which there was no demand in England. Well might it have been said, as a governor of Virginia had said a century earlier: "Mighty and destructive have been the obstructions to our trade and navigation by that severe Act of Parliament,... for all are most obedient to the laws, while New England men break through them and trade to any place where their interests lead them to." The colonists were obliged to register their s.h.i.+ps; it was a common practice to register them at much below their actual tonnage, or to omit the ceremony altogether. Colonial officials could not be depended upon to detect or to punish infractions of the Acts, and for that purpose the English Government had placed customs officers in the princ.i.p.al ports. Small duties were laid on imports, not to furnish revenue, but rather to furnish fees for those officers. The amount thus collected was not more than two thousand pounds a year; and the necessary salaries, aggregating between seven and eight thousand pounds, were paid by the British government.

24. WRITS OF a.s.sISTANCE (1761-1764).

[Sidenote: Smuggling.]

[Sidenote: Argument of James Otis.]

Under the English acts violation of the Navigation Laws was smuggling, and was punishable in the usual courts. Two practical difficulties had always been found in prosecutions, and they were much increased as soon as a more vigorous execution was entered upon. It was hard to secure evidence, for smuggled goods, once landed, rapidly disappeared; and the lower colonial judges were both to deal severely with their brethren, engaged in a business which public sentiment did not condemn. In 1761 an attempt was made in Ma.s.sachusetts to avoid both these difficulties through the use of the familiar Writs of a.s.sistance. These were legal processes by which authority was given to custom-house officers to make search for smuggled goods; since they were general in their terms and authorized the search of any premises by day, they might have been made the means of vexatious visits and interference. In February, 1761, an application for such a writ was brought before the Superior Court of Ma.s.sachusetts, which was not subject to popular influence. James Otis, advocate-general of the colony, resigned his office rather than plead the cause of the government, and became the leading counsel in opposition. The arguments in favor of the writ were that without some such process the laws could not be executed, and that similar writs were authorized by English statutes. Otis in his plea insisted that no English statute applied to the colonies unless they were specially mentioned, and that hence English precedents had no application. But he went far beyond the legal principles involved. He declared in plain terms that the Navigation Acts were "a taxation law made by a foreign legislature without our consent." He a.s.serted that the Acts of Trade were "irreconcilable with the colonial charters, and hence were void." He declared that there were "rights derived only from nature and the Author of nature;" that they were "inherent, inalienable, and indefeasible by any laws, pacts, contracts, governments, or stipulations which man could devise." The court, after inquiring into the practice in England, issued the writs to the custom-house officers, although it does not appear that they made use of them.

[Sidenote: Effect of the discussion.]

The practical effect of Otis's speech has been much exaggerated. John Adams, who heard and took notes on the argument, declared, years later, that "American independence was then born," and that "Mr. Otis's oration against Writs of a.s.sistance breathed into this nation the breath of life."

The community was not conscious at the time that a new and startling doctrine had been put forth, or that loyalty to England was involved. The arguments drawn from the rights of man and the supremacy of the charters were of a kind familiar to the colonists. The real novelty was the bold application of these principles, the denial of the legality of a system more than a century old.

[Sidenote: Enforcement.]

So far was the home government from accepting these doctrines that in 1763 the offensive Sugar Act was renewed. New import duties were laid, and more stringent provisions made for enforcing the Acts of Trade; and the ground was prepared for a permanent and irritating controversy, by commissioning the naval officers stationed on the American coast as revenue officials, with power to make seizures.

25. THE STAMP ACT (1763-1765).

[Sidenote: Plan for a stamp duty.]

[Sidenote: Questions of troops.]

The next step in colonial control met an unexpected and violent resistance. In the winter of 1763-1764 Grenville, then English prime minister, called together the agents of the colonies and informed them that he proposed to lay a small tax upon the colonies, and that it would take the form of a stamp duty, unless they suggested some other method.

Why should England tax the colonies? Because it had been determined to place a permanent force of about ten thousand men in America. A few more English garrisons would have been of great a.s.sistance in 1754; the Pontiac outbreak of 1763 had been suppressed only by regular troops who happened to be in the country; and in case of later wars the colonies were likely to be attacked by England's enemies. On the other hand, the colonies had asked for no troops, and desired none. They were satisfied with their own halting and inefficient means of defence; they no longer had French enemies in Canada, and they felt what seems an unreasonable fear that the troops would be used to take away their liberty. From the beginning to the end of the struggle it was never proposed that Americans should be taxed for the support of the home government, or even for the full support of the colonial army. It was supposed that a revenue of one hundred thousand pounds would be raised, which would meet one-third of the necessary expense.

[Sidenote: Stamp Act pa.s.sed.]

Notwithstanding colonial objections to a standing army, garrisons would doubtless have been received but for the accompanying proposition to tax.

On March 10, 1764, preliminary resolutions pa.s.sed the House of Commons looking towards the Stamp Act. There was no suggestion that the proposition was illegal; the chief objection was summed up by Beckford, of London, in a phrase: "As we are stout, I hope we shall be merciful."

The news produced instant excitement in the colonies. First was urged the practical objection that the tax would draw from the country the little specie which it contained. The leading argument was that taxation without representation was illegal. The remonstrances, by an error of the agents who had them in charge, were not presented until too late. Franklin and others protested to the ministry, and declared the willingness of the colonies to pay taxes a.s.sessed in a lump sum on each colony. Grenville silenced them by asking in what way those lump sums should be apportioned.

After a short debate in Parliament the Act was pa.s.sed by a vote of 205 to 49. Barre, one of the members who spoke against it, alluded to the agitators in the colonies as "Sons of Liberty;" the phrase was taken up in the colonies, and made a party war-cry. George the Third was at that moment insane, and the Act was signed by a commission.

[Sidenote: Expectations of success.]

Resistance in the colonies was not expected. Franklin thought that the Act would go into effect; even Otis said that it ought to be obeyed. It laid a moderate stamp-duty on the papers necessary for legal and commercial transactions. At the request of the ministry, the colonial agents suggested as stamp collectors some of the most respected and eminent men in each colony. Almost at the same time was pa.s.sed an act somewhat relaxing the Navigation Laws; but a Quartering Act was also pa.s.sed, by which the colonists were obliged, even in time of peace, to furnish the troops who might be stationed among them with quarters and with certain provisions.

26. THE STAMP ACT CONGRESS (1765.)

[Sidenote: Internal and external taxes.]

Issue was now joined on the question which eventually separated the colonies from the mother-country. Parliament had a.s.serted its right to lay taxes on the colonists for imperial purposes. The colonies had up to this time held governmental relations only with the Crown, from whom came their charters. They had escaped taxation because they were poor, and because hitherto they had not occasioned serious expense; but they had accepted the small import duties. They found it hard to reconcile obedience to one set of laws with resistance to the other; and they therefore insisted that there was a distinction between "external taxation" and "internal taxation," between duties levied at the ports and duties levied within the colonies.

[Sidenote: Remonstrances.]

The moment the news reached America, opposition sprang up in many different forms. The colonial legislatures preferred dignified remonstrance. The Virginia a.s.sembly reached a farther point in a set of bold resolutions, pa.s.sed May 29, 1765, under the influence of a speech by Patrick Henry. They a.s.serted "that the General a.s.sembly of this colony have the only and sole exclusive right and power to lay taxes and impositions upon the inhabitants of this colony;" and that the Stamp Act"

has a manifest tendency to destroy British as well as American freedom."

On June 8, 1765, Ma.s.sachusetts suggested another means of remonstrance, by calling upon her sister colonies to send delegates to New York "to consider of a general and united, dutiful, loyal, and humble representation of their condition to his Majesty and to the Parliament."

[Sidenote: Riots.]

[Sidenote: Non-Importation.]

Meanwhile opposition had broken out in open violence. In August there were riots in Boston; the house of Oliver, appointed as collector of the stamp taxes, was attacked, and he next day resigned his office. Hutchinson was acting governor of the colony: his mansion was sacked; and the ma.n.u.script of his History of Ma.s.sachusetts, still preserved, carries on its edges the mud of the Boston streets into which it was thrown. The town of Boston declared itself "particularly alarmed and astonished at the Act called the Stamp Act, by which we apprehend a very grievous tax is to be laid upon the colonies." In other colonies there were similar, though less violent, scenes. Still another form of resistance was suggested by the organizations called "Sons of Liberty," the members of which agreed to buy no more British goods. When the time came for putting the act into force, every person appointed as collector had resigned.

[Sidenote: Stamp Act Congress.]

These three means of resistance--protest, riots, and non-importation--were powerfully supplemented by the congress which a.s.sembled at New York, Oct.

1765. It included some of the ablest men from nine colonies. Such men as James Otis, Livingston of New York, Rutledge of South Carolina, and John d.i.c.kinson of Pennsylvania, met, exchanged views, and promised co- operation. It was the first unmistakable evidence that the colonies would make common cause. After a session of two weeks the congress adjourned, having drawn up pet.i.tions to the English government, and a "Declaration of Rights and Grievances of the Colonists in America." In this doc.u.ment they declared themselves ent.i.tled to the rights of other Englishmen. They a.s.serted, on the one hand, that they could not be represented in the British House of Commons, and on the other that they could not be taxed by a body in which they had no representation. They complained of the Stamp Act, and no less of the amendments to the Acts of Trade, which, they said, would "render them unable to purchase the manufactures of Great Britain."

In these memorials there is no threat of resistance, but the general att.i.tude of the colonies showed that it was unsafe to push the matter farther.

[Sidenote: Repeal of the Stamp Act.]

Meanwhile the Grenville ministry had given place to another Whig ministry under Rockingham, who felt no responsibility for the Stamp Act. Pitt took the ground that "the government of Great Britain could not lay taxes on the colonies." Benjamin Franklin was called before a committee, and urged the withdrawal of the act. The king, who had now recovered his health, gave it to be understood that he was for repeal. The repeal bill was pa.s.sed by a majority of more than two to one, and the crisis was avoided.

[Sidenote: Right of taxation a.s.serted.]

To give up the whole principle seemed to the British government impossible; the repeal was therefore accompanied by the so-called Dependency Act. This set forth that the colonies are "subordinate unto and dependent upon the Imperial Crown and Parliament of Great Britain, and that Parliament hath, and of right ought to have, full power to make laws and statutes of sufficient force and validity to bind the colonies and people of America subjects to the Crown of Great Britain in all cases whatsoever." Apparently matters had returned to their former course. The grat.i.tude of the colonies was loudly expressed; but they had learned the effect of a united protest, they had learned how to act together, and they were irritated by the continued a.s.sertion of the power of Parliament to tax and otherwise to govern the colonies.

27. REVENUE ACTS (1767).

[Sidenote: Townshend's plans.]

[Sidenote: Quarrel with New York.]

The repeal of the Stamp Act removed the difficulty without removing the cause. The year 1766 was marked in English politics by the virtual retirement of Pitt from the government. His powerful opposition to taxation of the colonies was thus removed, and Charles Townshend became the leading spirit in the ministry. Jan. 26, 1767, he said in the House of Commons: "I know a mode in which a revenue may be drawn from America without offence.... England is undone if this taxation of America is given up." And he pledged himself to find a revenue nearly sufficient to meet the military expenses in America. At the moment that the question of taxation was thus revived, the New York a.s.sembly became involved in a dispute with the home government by declining to furnish the necessary supplies for the troops. An Act of Parliament was therefore pa.s.sed declaring the action of the New York legislature null,--a startling a.s.sertion of a power of disallowance by Parliament.

[Sidenote: Enforcement.]

The three parts of the general scheme for controlling the colonies were now all taken up again. For their action against the troops the New York a.s.sembly was suspended,--the first instance in which Parliament had undertaken to destroy an effective part of the colonial government. For the execution of the Navigation Acts a board of commissioners of customs was established, with large powers. In June, 1767, a new Taxation Act was introduced, and rapidly pa.s.sed through Parliament. In order to avoid the objections to "internal taxes," it laid import duties on gla.s.s, and white lead, painters' colors, paper, and tea. The proceeds of the Act, estimated at, 40,000, were to pay governors and judges in America. Writs of a.s.sistance were made legal. A few months afterwards,--December, 1767,--a colonial department was created, headed by a secretary of state. The whole machinery of an exasperating control was thus provided.

[Sidenote: Question of right of taxation.]

Issue was once more joined both in England and America on the const.i.tutional power of taxation. The great principle of English law that taxation was not a right, but a gift of the persons taxed through their representatives, was claimed also by the colonies. Opinions had repeatedly been given by the law officers of the Crown that a colony could be taxed only by its own representatives. The actual amount of money called for was too small to burden them, but it was to be applied in such a way as to make the governors and judges independent of the a.s.semblies. The principle of taxation, once admitted, might be carried farther. As an English official of the time remarked: "The Stamp Act attacked colonial ideas by sap; the Townshend scheme was attacking them by storm every day."