Battle on the plains of Abraham.
Montcalm had taken post on the left of the French army, and Wolfe on the right of the British; so that the two generals met each other, at the head of their respective troops; and there the battle was most severe. The French advanced briskly to the charge, and commenced the action with great animation. The English reserved their fire until the enemy were within forty yards of them, when they gave it with immense effect. The action was kept up for some time with great spirit.Death of Wolfe,Wolfe, advancing at the head of his grenadiers with charged bayonets, received a mortal wound and soon afterwards expired. Undismayed by the loss of their general, the English continued their exertions under Monckton, on whom the command devolved. He also received a ball through his body, and general Townshend took command of the British army.and of Montcalm.About the same time Montcalm received a mortal wound, and general Senezergus, the second in command, also fell. The left wing and centre of the French began to give way; and, being pressed close by the British, were driven from the field.
On the left and rear of the English, the action was less severe. The light infantry had been placed in houses; and colonel Howe, the better to support them, had taken post still farther to the left, behind a copse. As the right of the French attacked the English left, he sallied from this position, upon their flanks, and threw them into disorder. In this critical moment, Townshend advanced several platoons against their front, and completely frustrated the attempt to turn the left flank.
Victory of the English.
In this state of the action, Townshend was informed that the command had devolved on him. Proceeding instantly to the centre, he found that part of the army thrown into some disorder by the ardour of pursuit; and his immediate efforts were employed in restoring the line. Scarcely was this effected, when Monsieur de Bougainville, who had been detached as high as cape Rouge to prevent a landing above, and who, on hearing that the English had gained the plains of Abraham, hastened to the assistance of Montcalm, appeared in the rear at the head of fifteen hundred men. Fortunately for the English, the right wing of the French, as well as their left and centre, had been entirely broken, and driven off the field. Two battalions and two pieces of artillery being advanced towards Bougainville, he retired; and Townshend did not think it advisable to risk the important advantages already gained, by pursuing this fresh body of troops through a difficult country.[174]
In this decisive battle, nearly equal numbers appear to have been engaged. The English however possessed this immense advantage:—they were all veterans; while not more than half the French were of the same description. This circumstance would lead to an opinion that some motive, not well explained, must have induced Montcalm to hazard an action before he was assured of being joined by Bougainville.
The French regulars were almost entirely cut to pieces. The loss of the English was not so considerable as the fierceness of the action would indicate. The killed and wounded were less than six hundred men; but among the former, was the commander in chief. This gallant officer, whose rare merit, and lamented fate, have presented a rich theme for panegyric to both the poet and historian, received a ball in his wrist in the commencement of the action; but, wrapping a handkerchief around his arm, he continued to encourage his troops. Soon afterwards he received a shot in the groin, which he also concealed; and was advancing at the head of the grenadiers, when a third bullet pierced his breast. Though expiring, it was with reluctance he permitted himself to be carried into the rear, where he displayed, in the agonies of death, the most anxious solicitude concerning the fate of the day. Being told that the enemy was visibly broken, he reclined his head, from extreme faintness, on the arm of an officer standing near him; but was soon roused with the distant cry of "they fly, they fly." "Who fly?" exclaimed the dying hero. On being answered "the French." "Then," said he, "I depart content;" and, almost immediately expired. "A death more glorious," adds Mr. Belsham, "and attended with circumstances more picturesque and interesting, is no where to be found in the annals of history."
The less fortunate, but not less gallant Montcalm expired on the same day. The same love of glory, and the same fearlessness of death, which so remarkably distinguished the British hero, were equally conspicuous in his competitor for victory and for fame. He expressed the highest satisfaction on hearing that his wound was mortal; and when told that he could survive only a few hours, quickly replied, "so much the better, I shall not then live to see the surrender of Quebec."[175]
Quebec capitulates.
The first days after the action were employed by general Townshend in making preparations for the siege of Quebec. But before his batteries were opened, the town capitulated; on condition that the inhabitants should, during the war, be protected in the free exercise of their religion, and the full enjoyment of their civil rights, leaving their future destinies to be decided by the treaty of peace.
Quebec was garrisoned by about five thousand English, under the command of general Murray; and the fleet sailed from the St. Lawrence.
The English minister, aware of the importance of completing the work thus fortunately begun, was not of a temper to relax his exertions. His letters to the governors of the several colonies contained declarations of his intention to employ a strong military force for the ensuing year, and exhortations to them to continue their efforts for the annihilation of the French power in Canada. These exhortations were accompanied with assurances that he would again apply to parliament to reimburse their future extraordinary expenses; and were productive of the desired effect. The several assemblies voted the same number of troops, and amount of supplies, as had been furnished the preceding year.
In the mean time the governor of New France, and the general of the army, made great exertions to retrieve their affairs, and to avert the ruin which threatened them.
The remaining European troops were collected about Montreal; where they were reinforced with six thousand militia, and a body of Indians. Monsieur de Levi, on whom the command had devolved, determined to attempt the recovery of Quebec, before the opening of the St. Lawrence should enable the English to reinforce the garrison, and to afford it the protection of their fleet. But the out-posts being found too strong to admit of his carrying the place bya coup de main, he was under the necessity of postponing the execution of this design, until the upper part of the St. Lawrence should open, and afford a transportation by water, for his artillery and military stores.
1760
In the month of April these were embarked at Montreal, under convoy of six frigates; which, sailing down the St. Lawrence, while the army marched by land, reached Point au Tremble in ten days.
To avoid the hardships and dangers of a siege in a town too extensive to be defended by his sickly garrison, and inhabited by persons known to be hostile, Murray took the bold resolution of hazarding a battle. Having formed this determination, he led out his garrison to the heights of Abraham,Battle near Sillery.and attacked the French near Sillery. He was received with unexpected firmness; and, perceiving that his utmost efforts could make no impression, he called off his army, and retired into the city. In this fierce encounter, the English loss amounted to near one thousand men; and they represent that of the French to have been not less considerable.
Quebec besieged.
Monsieur de Levi improved his victory to the utmost. His trenches were opened before the town, on the same evening; but such was the difficulty of bringing up his heavy artillery, that near a fortnight elapsed before he could mount his batteries, and bring his guns to bear on the city. The batteries had been opened but a few days, when the garrison was relieved from its perilous situation, by the arrival of a British fleet.
Quebec being secure, Monsieur de Levi raised the siege, and retired to Montreal.
During these transactions, general Amherst was taking measures for the annihilation of the remnant of French power in Canada. He determined to employ the immense force under his command for the accomplishment of this object, and made arrangements, during the winter, to bring the armies from Quebec, lake Champlain, and lake Ontario, to act against Montreal.
The preparations being completed, the commander in chief marched at the head of upwards of ten thousand British and provincials, from the frontiers of New York to Oswego, where he was joined by sir William Johnson, with one thousand Indians. He embarked his army at that place, and proceeded down the St. Lawrence to Montreal.
Murray, who had been directed to advance up the river to the same point, with as many men as could be spared from Quebec, appeared below the town on the very day that Amherst approached it from above. The two generals found no difficulty in disembarking their troops, and the whole plan of co-operation had been so well concerted that, in a short time, they were joined by colonel Haviland with the detachment from Crown Point.
Montreal capitulates.
The junction of these armies presenting before Montreal a force not to be resisted, the governor offered to capitulate. In the month of September, Montreal, and all other places within the government of Canada, then remaining in the possession of France, were surrendered to his Britannic majesty. The troops were to be transported to France, and the Canadians to be protected in their property, and the full enjoyment of their religion.[176]
That colossal power, which France had been long erecting in America, with vast labour and expense; which had been the motive for one of the most extensive and desolating wars of modern times; was thus entirely overthrown. The causes of this interesting event are to be found in the superior wealth and population of the colonies of England, and in her immense naval strength; an advantage, in distant war, not to be counterbalanced by the numbers, the discipline, the courage, and the military talents, which may be combined in the armies of an inferior maritime power.
Death of Wolfe
[Enlarge]
The Death of Wolfe on the Plains of Abraham
From the painting by Benjamin West, in the Capitol at Ottawa, Canada
Surrounded by his devoted officers, General James Wolfe died in the hour of victory over the French General Montcalm, in which the English captured Quebec, September 13, 1759, and decided the destiny of North American civilization. General Wolfe lived to hear the cry "They run!", and expired with the words "Now God be praised, I will die in peace."In this canvas, painted in 1771, West departed from the venerated custom of clothing pictorial characters in Greek or Roman costume. Sir Joshua Reynolds, who had endeavored to dissuade him, later said, "I retract my objections. I foresee that this picture will not only become one of the most popular, but will occasion a revolution in art."
Surrounded by his devoted officers, General James Wolfe died in the hour of victory over the French General Montcalm, in which the English captured Quebec, September 13, 1759, and decided the destiny of North American civilization. General Wolfe lived to hear the cry "They run!", and expired with the words "Now God be praised, I will die in peace."
In this canvas, painted in 1771, West departed from the venerated custom of clothing pictorial characters in Greek or Roman costume. Sir Joshua Reynolds, who had endeavored to dissuade him, later said, "I retract my objections. I foresee that this picture will not only become one of the most popular, but will occasion a revolution in art."
The joy diffused throughout the British dominions by this splendid conquest, was mingled with a proud sense of superiority which did not estimate with exact justice, the relative means employed by the belligerents. In no part of those dominions was this joy felt, in a higher degree, or with more reason, than in America. In that region, the wars between France and England had assumed a form, happily unknown to other parts of the civilised world. Not confined, as in Europe, to men in arms; women and children were its common victims. It had been carried by the savage to the fire side of the peaceful peasant, where the tomahawk and scalping knife were applied indiscriminately to every age, and to either sex. The hope was now fondly indulged that these scenes, at least in the northern and middle colonies, were closed for ever.
The colonies of South Carolina and Georgia had been entirely exempted from the sharp conflicts of the north. France having been unable to draw Spain into the war, their neighbours in Florida remained quiet; and the Indians on their immediate frontiers were in the English interest. As the prospect of establishing peace in the north seemed to brighten, this state of repose in the south sustained a short interruption.
When the garrison of fort Du Quêsne retired down the Ohio into Louisiana, the French employed their address in the management of Indians, to draw the Cherokees from their alliance with Great Britain. Their negotiations with these savages were favoured by the irritations given to their warriors in Virginia, where they had been employed against the French, and the Indians in the French interest.
Their ill humour began to show itself in 1759. Upon its first appearance, governor Lyttleton prepared to march into their country at the head of a respectable military force. Alarmed at these hostile appearances, they dispatched thirty-two of their chiefs to Charleston, for the purpose of deprecating the vengeance with which their nation was threatened. Their pacific representations did not arrest the expedition. The governor not only persisted in the enterprise, but, under the pretext of securing the safe return of the Indian messengers, took them into the train of his army, where they were, in reality, confined as prisoners. To add to this indignity, they were, when arrived at the place of destination, shut up together in a single hut.
Notwithstanding the irritation excited by this conduct, a treaty was concluded, in which it was agreed that the chiefs detained by the governor should remain with him as hostages, until an equal number of those who had committed murder on the frontiers, should be delivered in exchange for them; and that, in the meantime, the Indians should seize and deliver up every white or red man coming into their country, who should endeavour to excite them to war against the English. After making this accommodation, the governor returned to Charleston, leaving his hostages prisoners in fort Prince George.
Scarcely had the army retired, when the Cherokees began to contrive plans for the relief of their chiefs. In an attempt to execute these plans, they killed the captain of the fort and wounded two officers. Orders were immediately given to put the hostages in irons; an indignity so resented by these fierce savages, that the first persons who attempted to execute the orders were stabbed. The soldiers enraged at this resistance, fell on the hostages and massacred them.
War with the southern Indians.
Inflamed to madness by this event, the whole nation flew to arms; and, according to their established mode of warfare, wreaked their fury on the inhabitants of the country in indiscriminate murder.
Mr. Bull, on whom the government of the province had devolved, represented the distresses of South Carolina in such strong terms to general Amherst, that colonel Montgomery was ordered into that colony with a detachment of regular troops. He arrived in April; but, as all the forces would be required in the north, in order to complete the conquest of Canada, he was directed to strike a sudden blow, and to return to New York in time for the expedition against Montreal.
The utmost exertions were made by the colony in aid of colonel Montgomery, and he entered the Cherokee country with all the forces that could be collected. Their lower towns were destroyed;Battle near Etchoe.but, near the village of Etchoe, the first of their middle settlements, in an almost impenetrable wood, he was met by a large body of savages, and a severe action ensued. The English claimed the victory, but without much reason. They were so roughly handled, that colonel Montgomery withdrew his army, and retired to fort Prince George, at which place he prepared to embark for New York.
The consternation of the province was the greater, as serious fears were entertained that the Creeks and Choctaws, might be induced by the French to join the Cherokees. Colonel Montgomery was pressed in the most earnest manner, not to leave the province; and was, with difficulty, prevailed on to permit four companies to remain, while, with the main body of his detachment, he returned to New York.
1761
Mean while, the war continued to rage. The savages surrounded fort Loudoun; and the garrison amounting to four hundred men, was compelled by famine to surrender, on condition of being permitted to march into the settlements. The Indians, who regard conventions no longer than they are useful, attacked the garrison on its march, killed a number, and made the residue prisoners. Carolina again applied to general Amherst for assistance, who having completed the conquest of Canada, had leisure to attend to the southern colonies. Late in May, a strong detachment, commanded by colonel Grant, arrived at fort Prince George; and the colony raised a body of provincials, and of friendly Indians, to join him.
Early in June, he marched for the Cherokee towns. Near the place where the action had been fought the preceding year by Montgomery, the Indians again assembled in force, and gave battle in defence of their country. The action commenced about eight in the morning, and was maintained with spirit until eleven, when the Cherokees began to give way. They were pursued for two or three hours, after which Grant marched to the adjacent village of Etchoe, which he reduced to ashes.Indians defeated.All the towns of the middle settlement shared the same fate. Their houses and corn fields were destroyed, and the whole country laid waste. Reduced to extremity, they sued sincerely for peace; and, in the course of the summer, the war was terminated by a treaty.[177]
It was not in America only that the vigour presiding in the councils of Britain shed lustre on the British arms. Splendid conquests were also made in Asia and Africa; and in Europe, her aids of men and money enabled the greatest monarch of his age to surmount difficulties which only Frederick and Mr. Pitt could have dared to encounter.
1762
At length, Spain, alarmed at the increase of British power in America, and apprehensive for the safety of her own dominions, determined to take part against Great Britain; and, early in the year 1762, the two crowns declared war against each other. It was prosecuted, on the part of Great Britain, with signal success; and, in the course of the year, Martinique, Granada, St. Lucia, St. Vincent, and all the Caribbee Islands were wrested from France; and the very important city of Havanna, which in a great degree commands the gulf of Mexico, was taken from Spain.
This course of conquest, which no force in possession of France and Spain seemed capable of checking, while any of their distant possessions remained to be subdued, was arrested by preliminary articles of peace signed at Paris.
By this treaty, his Christian Majesty ceded to Britain, all the conquests made by that power on the continent of North America, together with the river and port of Mobile; and all the territory to which France was entitled on the left bank of the Mississippi, reserving only the island of New Orleans. And it was agreed that, for the future, the confines between the dominions of the two crowns, in that quarter of the world, should be irrevocably fixed by a line drawn along the middle of the Mississippi, from its source as far as the river Iberville, and thence, by a line drawn along the middle of that river, and of the lakes Maurepas and Pont Chartrain.
The Havanna was exchanged with Spain for the Floridas. By establishing these great natural boundaries to the British empire in North America, all causes of future contest respecting that continent, with any potentate of Europe, were supposed to be removed.
Opinions on the supremacy of parliament, and its right to tax the colonies.... The stamp act.... Congress at New York.... Violence in the towns.... Change of administration.... Stamp act repealed.... Opposition to the mutiny act.... Act imposing duties on tea, &c. resisted in America.... Letters from the assembly of Massachusetts to members of the administration.... Petition to the King.... Circular letter to the colonial assemblies.... Letter from the earl of Hillsborough.... Assembly of Massachusetts dissolved.... Seizure of the Sloop Liberty.... Convention at Fanueil Hall.... Moderation of its proceedings.... Two British regiments arrive at Boston.... Resolutions of the house of Burgesses of Virginia.... Assembly dissolved.... The members form an association.... General measures against importation.... General court convened in Massachusetts.... Its proceedings.... Is prorogued.... Duties, except that on tea, repealed.... Circular letter of the earl of Hillsborough.... New York recedes from the non-importation agreement in part.... Her example followed.... Riot in Boston.... Trial and acquittal of Captain Preston.
Opinions on the supremacy of parliament, and its right to tax the colonies.... The stamp act.... Congress at New York.... Violence in the towns.... Change of administration.... Stamp act repealed.... Opposition to the mutiny act.... Act imposing duties on tea, &c. resisted in America.... Letters from the assembly of Massachusetts to members of the administration.... Petition to the King.... Circular letter to the colonial assemblies.... Letter from the earl of Hillsborough.... Assembly of Massachusetts dissolved.... Seizure of the Sloop Liberty.... Convention at Fanueil Hall.... Moderation of its proceedings.... Two British regiments arrive at Boston.... Resolutions of the house of Burgesses of Virginia.... Assembly dissolved.... The members form an association.... General measures against importation.... General court convened in Massachusetts.... Its proceedings.... Is prorogued.... Duties, except that on tea, repealed.... Circular letter of the earl of Hillsborough.... New York recedes from the non-importation agreement in part.... Her example followed.... Riot in Boston.... Trial and acquittal of Captain Preston.
1763
Theattachment of the colonies to the mother country was never stronger than at the signature of the treaty of Paris.[178]The union of that tract of country which extends from the Atlantic to the Mississippi, and from the gulf of Mexico to the north pole, was deemed a certain guarantee of future peace, and an effectual security against the return of those bloody scenes from which no condition in life could afford an exemption.
This state of things, long and anxiously wished for by British America, had, at length, been effected by the union of British and American arms. The soldiers of the parent state and her colonies had co-operated in the same service, their blood had mingled in the same plains, and the object pursued was common to both people.
While the British nation was endeared to the Americans by this community of danger, and identity of interest, the brilliant achievements of the war had exalted to enthusiasm their admiration of British valour. They were proud of the land of their ancestors, and gloried in their descent from Englishmen. But this sentiment was not confined to the military character of the nation. While the excellence of the English constitution was a rich theme of declamation, every colonist believed himself entitled to its advantages; nor could he admit that, by crossing the Atlantic, his ancestors had relinquished the essential rights of British subjects.
The degree of authority which might rightfully be exercised by the mother country over her colonies, had never been accurately defined. In Britain, it had always been asserted that Parliament possessed the power of binding them in all cases whatever. In America, at different times, and in different provinces, different opinions had been entertained on this subject.
In New England, originally settled by republicans, habits of independence had nourished the theory that the colonial assemblies possessed every legislative power not surrendered by compact; that the Americans were subjects of the British crown, but not of the nation; and were bound by no laws to which their representatives had not assented. From this high ground they had been compelled reluctantly to recede. The Judges, being generally appointed by the governors with the advice of council, had determined that the colonies were bound by acts of parliament which concerned them, and which were expressly extended to them; and the general court of Massachusetts had, on a late occasion, explicitly recognised the same principle. This had probably become the opinion of many of the best informed men of the province; but the doctrine seems still to have been extensively maintained, that acts of parliament possessed only an external obligation; that they might regulate commerce, but not the internal affairs of the colonies.
In the year 1692, the general court of Massachusetts passed an act, denying the right of any other legislature to impose any tax whatever on the colony; and also asserting those principles of national liberty, which are found in Magna Charta. Not long afterwards, the legislature of New York, probably with a view only to the authority claimed by the governor, passed an act in which its own supremacy, not only in matters of taxation, but of general legislation, is expressly affirmed. Both these acts however were disapproved in England; and the parliament asserted its authority, in 1696, by declaring "that all laws, bye laws, usages, and customs, which shall be in practice in any of the plantations, repugnant to any law made or to be made in this kingdom relative to the said plantations, shall be void and of none effect." And three years afterwards, an act was passed for the trial of pirates in America, in which is to be found the following extraordinary clause: "Be it farther declared that, if any of the governors, or any person or persons in authority there, shall refuse to yield obedience to this act, such refusal is hereby declared to be a forfeiture of all and every [sic] the charters granted for the government and propriety of such plantations."
The English statute book furnishes many instances in which the legislative power of parliament over the colonies was extended to regulations completely internal; and it is not recollected that their authority was in any case openly controverted.
In the middle and southern provinces, no question respecting the supremacy of parliament, in matters of general legislation, ever existed. The authority of such acts of internal regulation as were made for America, as well as of those for the regulation of commerce, even by the imposition of duties, provided those duties were imposed for the purpose of regulation, had been at all times admitted. But these colonies, however they might acknowledge the supremacy of parliament in other respects, denied the right of that body to tax them internally.
Their submission to the act for establishing a general post office, which raised a revenue on the carriage of letters, was not thought a dereliction of this principle; because that regulation was not considered as a tax, but as a compensation for a service rendered, which every person might accept or decline. And all the duties on trade were understood to be imposed, rather with a view to prevent foreign commerce, than to raise a revenue. Perhaps the legality of such acts was the less questioned, because they were not rigorously executed, and their violation was sometimes designedly overlooked. A scheme for taxing the colonies by authority of parliament had been formed so early as the year 1739, and recommended to government by a club of American merchants, at whose head was sir William Keith, governor of Pennsylvania. In this scheme, it was proposed to raise a body of regulars, to be stationed along the western frontier of the British settlements, for the protection of the Indian traders; the expense of which establishment was to be paid with monies arising from a duty on stamped paper and parchment in all the colonies. This plan, however, was not countenanced by those in power; and seems never to have been seriously taken up by the government until the year 1754. The attention of the minister was then turned to a plan of taxation by authority of parliament; and it will be recollected that a system was devised and recommended by him, as a substitute for the articles of union proposed by the convention at Albany. The temper and opinion of the colonists, and the impolicy of irritating them at a crisis which required all the exertions they were capable of making, suspended this delicate and dangerous measure; but it seems not to have been totally abandoned. Of the right of parliament, as the supreme legislature, of the nation, to tax as well as govern the colonies, those who guided the councils of Britain seem not to have entertained a doubt; and the language of men in power, on more than one occasion through the war, indicated a disposition to put this right in practice when the termination of hostilities should render the experiment less dangerous. The failure of some of the colonies, especially those in which a proprietary government was established, to furnish, in time, the aids required of them, contributed to foster this disposition. This opposition of opinion on a subject the most interesting to the human heart, was about to produce a system of measures which tore asunder all the bonds of relationship and affection that had subsisted for ages, and planted almost inextinguishable hatred in bosoms where the warmest friendship had long been cultivated.
1764
The unexampled expenses of the war required a great addition to the regular taxes of the nation. Considerable difficulty was found in searching out new sources of revenue, and great opposition was made to every tax proposed. Thus embarrassed, administration directed its attention to the continent of North America. The system which had been laid aside was renewed; and, on the motion of Mr. Grenville, first commissioner of the treasury, a resolution passed without much debate, declaring that it would be proper to impose certain stamp duties in the colonies and plantations, for the purpose of raising a revenue in America, payable into the British exchequer. This resolution was not carried into immediate effect, and was only declaratory of an intention to be executed the ensuing year.[179]
Other resolutions were passed at the same time, laying new duties on the trade of the colonies, which being in the form of commercial regulations, were not generally contested on the ground of right, though imposed expressly for the purpose of raising revenue. Great disgust, however, was produced by the increase of the duties, by the new regulations which were made, and by the manner in which those regulations were to be executed. The gainful commerce long carried on clandestinely with the French and Spanish colonies, in the progress of which an evasion of the duties imposed by law had been overlooked by the government, was to be rigorously suppressed by taxes amounting to a prohibition of fair trade; and their exact collection was to be enforced by measures not much less offensive in themselves, than on account of the object to be effected.[180]
Completely to prevent smuggling, all the officers in the sea service, who were on the American station, were converted into revenue officers; and directed to take the custom house oaths. Many vexatious seizures were made, for which no redress could be obtained but in England. The penalties and forfeitures, too, accruing under the act, as if the usual tribunals could not be trusted, were made recoverable in any court of vice-admiralty in the colonies. It will be readily conceived how odious a law, made to effect an odious object, must have been rendered by such provisions as these.
1765
The resolution concerning the duties on stamps excited a great and general ferment in America. The right of parliament to impose taxes on the colonies for the purpose of raising a revenue, became the subject of universal conversation, and was almost universally denied. Petitions to the King, and memorials to both houses of parliament against the measure, were transmitted by several of the provincial assemblies to the board of trade in England, to be presented to his majesty immediately; and to parliament, when that body should be convened. The house of representatives of Massachusetts instructed their agent to use his utmost endeavours to prevent the passage of the stamp act, or any other act levying taxes or impositions of any kind on the American provinces. A committee was appointed to act in the recess of the general court, with instructions to correspond with the legislatures of the several colonies, to communicate to them the instructions given to the agent of Massachusetts, and to solicit their concurrence in similar measures. These legislative proceedings were, in many places, seconded by associations entered into by individuals, for diminishing the use of British manufactures.[181]
The administration, perceiving the opposition to be encountered by adhering to the vote of the preceding session, informed the agents of the colonies in London that, if they would propose any other mode of raising the sum required[182], their proposition would be accepted, and the stamp duty laid aside. The agents replied that they were not authorised to propose any substitute, but were ordered to oppose the bill when it should be brought into the house, by petitions questioning the right of parliament to tax the colonies. This reply placed the controversy on ground which admitted of no compromise. Determined to persevere in the system he had adopted, and believing successful resistance to be impossible, Mr. Grenville brought into parliament his celebrated act for imposing stamp duties in America; and it passed both houses by great majorities, but not without animated debate. So little weight does the human mind allow to the most conclusive arguments, when directed against the existence of power in ourselves, that general Conway is said to have stood alone[183]in denying the right claimed by parliament.
This act excited serious alarm throughout the colonies. It was sincerely believed to wound vitally the constitution of the country, and to destroy the most sacred principles of liberty. Combinations against its execution were formed; and the utmost exertions were used to diffuse among the people a knowledge of the pernicious consequences which must flow from admitting that the colonists could be taxed by a legislature in which they were not represented.
Theassembly of Virginia was in session when the intelligence was received; and, by a small majority, passed several resolutions introduced by Mr. Henry, and seconded by Mr. Johnson,[184]one of which asserts the exclusive right of that assembly to lay taxes and impositions on the inhabitants of that colony.[185]
On the passage of these resolutions, the governor dissolved the assembly; and writs for new elections were issued. In almost every instance, the members who had voted in favour of the resolutions were re-elected, while those who had voted against them were generally excluded.
The legislatures of several other colonies passed resolutions similar to those of Virginia. The house of representatives of Massachusetts, contemplating a still more solemn and effectual expression of the general sentiment, recommended a congress of deputies from all the colonial assemblies, to meet at New York the first Monday in October. Circular letters communicating this recommendation, were addressed to the respective assemblies wherever they were in session. New Hampshire alone, although concurring in the general opposition, declined sending members to the congress; and the legislatures of Virginia and North Carolina were not in session.[186]
In the meantime, the press teemed with the most animating exhortations to the people, to unite in defence of their liberty and property; and the stamp officers were, almost universally, compelled to resign.
Congress at New York.
Atthe time appointed, the commissioners from the assemblies of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the three lower counties on the Delaware, Maryland, and South Carolina assembled at New York; and, having chosen Timothy Ruggles, of Massachusetts, their chairman, proceeded on the important objects for which they had convened. The first measure of congress was a declaration[187]of the rights and grievances of the colonists. This paper asserts their title to all the rights and liberties of natural born subjects within the kingdom of Great Britain; among the most essential of which are, the exclusive power to tax themselves, and the trial by jury.
The act granting certain stamp and other duties in the British colonies was placed first on the list of grievances. Its direct tendency they said, was, by taxing the colonists without their consent, and by extending the jurisdiction of courts of admiralty, to subvert their rights and liberties. They also addressed a petition to the King, and a memorial to each house of parliament.
These papers were drawn with temperate firmness. They express, unequivocally, the attachment of the colonists to the mother country; and assert the rights they claim in the earnest language of conviction.
Having, in addition to these measures, recommended to the several colonies to appoint special agents, with instructions to unite their utmost endeavours in soliciting a redress of grievances; and directed their clerk to make out a copy of their proceedings for each colony, congress adjourned.[188]
To interest the people of England against the measures of administration, associations were formed for the encouragement of domestic manufactures, and against the use of those imported from Great Britain. To increase their quantity of wool, the colonists determined to kill no lambs, and to use all the means in their power to multiply their flocks of sheep. To avoid the use of stamps, proceedings in the courts of justice were suspended; and a settlement of all controversies by arbitration was strongly recommended.
Violence in the large towns.
While this determined and systematic opposition was made by the thinking part of the community, some riotous and disorderly meetings took place, especially in the large towns, which threatened serious consequences. Many houses were destroyed, much property injured, and several persons, highly respectable in character and station, were grossly abused.
While these transactions were passing in America, causes entirely unconnected with the affairs of the colonies, produced a total revolution in the British cabinet. The Grenville party was succeeded by an administration unfriendly to the plan for taxing the colonies without their consent. General Conway, one of the principal secretaries of state, addressed a circular letter to the several governors, in which he censured, in mild terms, the violent measures that had been adopted, and recommended to them, while they maintained the dignity of the crown and of parliament, to observe a temperate and conciliatory conduct towards the colonists, and to endeavour, by persuasive means, to restore the public peace.
1766
Parliament was opened by a speech from the throne, in which his majesty declared his firm confidence in their wisdom and zeal, which would, he doubted not, guide them to such sound and prudent resolutions, as might tend at once to preserve the constitutional rights of the British legislature over the colonies, and to restore to them that harmony and tranquillity which had lately been interrupted by disorders of the most dangerous nature.
In the course of the debate in the house of commons, on the motion for the address, Mr. Pitt, in explicit terms, condemned the act for collecting stamp duties in America; and avowed the opinion that parliament had no right to tax the colonies. He asserted, at the same time, "the authority of that kingdom to be sovereign and supreme in every circumstance of government and legislation whatever." He maintained the difficult proposition "that taxation is no part of the governing, or legislative power; but that taxes are a voluntary gift and grant of the commons alone;" and concluded an eloquent speech, by recommending to the house, "that the stamp act be repealed,absolutely,totally, andimmediately."
The opinions expressed by Mr. Pitt were warmly opposed by the late ministers. Mr. Grenville said, "that the disturbances in America were grown to tumults and riots; he doubted, they bordered on open rebellion; and, if the doctrine he had heard that day should be confirmed, he feared they would lose that name to take that of revolution. The government ever them being dissolved, a revolution would take place in America." He contended that taxation was a part of the sovereign power;—one branch of legislation; and had been exercised over those who were not represented. He could not comprehend the distinction between external and internal taxation; and insisted that the colonies ought to bear a part of the burdens occasioned by a war for their defence.
Stamp act repealed.
The existing administration, however, concurred in sentiment with Mr. Pitt, and the act was repealed; but its repeal was accompanied with a declaratory act, asserting the right of Great Britain to bind the colonies in all cases whatsoever.
The intelligence of this event was received in America with general manifestations of joy. The assertion of the abstract principle of right gave many but little concern, because they considered it merely as a salve for the wounded pride of the nation, and believed confidently that no future attempt would be made to reduce it to practice. The highest honours were conferred on those parliamentary leaders who had exerted themselves to obtain a repeal of the act; and, in Virginia, the house of Burgesses voted a statue to his majesty, as an acknowledgment of their high sense of his attention to the rights and petitions of his people.
Though all the colonies rejoiced at the repeal of the stamp act, the same temper did not prevail in all of them. In the commercial cities of the north, the regulations of trade were nearly as odious as the stamp act itself. Political parties too had been formed, and had assumed a bitterness in some of the colonies, entirely unknown in others. These dispositions were not long concealed. The first measures of Massachusetts and of New York demonstrated that, in them, the reconciliation with the mother country was not cordial.
The letter of secretary Conway, transmitting the repeal of the act imposing a duty on stamps, enclosed also a resolution of parliament declaring that those persons who had suffered injuries in consequence of their assisting to execute that act, ought to be compensated by the colony in which such injuries were sustained. This was chiefly in Massachusetts. The resolution of parliament was laid before the general court of that province, by governor Bernard, in a speech rather in the spirit of the late, than the present administration;—rather calculated to irritate than assuage the angry passions that had been excited. The house of representatives resented his manner of addressing them; and appeared more disposed to inquire into the riots, and to compel those concerned in them to make indemnities, than to compensate the sufferers out of the public purse. But, after a second session, and some intimation that parliament would enforce its requisition, an act of pardon to the offenders, and of indemnity to the sufferers, was passed; but was rejected by the King, because the colonial assembly had no power, by their charter, to pass an act of general pardon, but at the instance of the crown.[189]
In New York, where general Gage was expected with a considerable body of troops, a message was transmitted by the governor to the legislature, desiring their compliance with an act of parliament called "the mutiny act," which required that the colony in which any of his majesty's forces might be stationed, should provide barracks for them, and necessaries in their quarters. The legislature postponed the consideration of this message until the troops were actually arrived; and then, after a second message from the governor, reluctantly and partially complied with the requisitions of the act.
At a subsequent session, the governor brought the subject again before the assembly, who determined that the act of parliament could be construed only to require that provision should be made for troops on a march, and not while permanently stationed in the country.[190]The reason assigned for not furnishing the accommodations required by the governor, implies the opinion that the act of parliament was rightfully obligatory; and yet the requisitions of the mutiny act were unquestionably a tax; and no essential distinction is perceived between the power of parliament to levy a tax by its own authority, and to levy it through the medium of the colonial legislatures; they having no right to refuse obedience to the act. It is remarkable that such inaccurate ideas should still have prevailed, concerning the controlling power of parliament over the colonies.
In England it was thought to manifest a very forbearing spirit, that this instance of disobedience was punished with no positive penalties; and that the ministers contented themselves with a law prohibiting the legislature of the province from passing any act, until it should comply, in every respect, with the requisitions of parliament. The persevering temper of Massachusetts not having found its way to New York, this measure produced the desired effect.
Two companies of artillery, driven into the port of Boston by stress of weather, applied to the governor for supplies. He laid the application before his council, who advised that, "in pursuance of the act of parliament" the supplies required should be furnished. They were furnished, and the money to procure them was drawn from the treasury by the authority of the executive.