FOOTNOTES:

HOUSE OF COMMONS AND THE PRINTERS.

Another matter connected with the press engaged the house of commons for the most part of the remainder of the sessionof 1771. Parliament, as we have seen, was so constituted that occasions might and did arise on which the will of the people was not fairly represented. This constitutional difficulty was increased by the secrecy in which parliament shrouded its proceedings. Once useful as a means of securing freedom of debate, this secrecy was maintained as a matter of privilege after it had become useless and, indeed, pernicious. It was carried to an extreme point by the present parliament, the "unreported parliament" as it was called. Strangers were constantly made to withdraw from both houses, specially when a popular member of the opposition rose to speak. This caused a silly quarrel between the two houses in 1770, and either shut its doors against the members of the other. The publication of reports, forbidden by a standing order of 1762, had for some time been carried on under various disguises, and the reports, which were founded on scanty information, were often unfair and scurrilous. In February, 1771, Colonel Onslow complained of two newspapers which misrepresented his conduct in the house, and held him up to contempt by describing him as "little cocking George". Disregarding a warning from Burke as to the folly of entering into a quarrel with the press and attempting to keep its proceedings from the public, the house ordered the printers, Wheble and Thompson, to attend at the bar. The serjeant-at-arms failed to find them, and was jeered at by their workmen. A proclamation was then issued for their arrest. While this affair was pending several newspapers commented on the proceedings of the house, and attacked various members, and specially Onslow, describing him as "a paltry insignificant insect" and so on. On March 12 he moved to proceed against six other printers. The opposition, led by Dowdeswell, Burke, and Barré, made a determined stand. They divided the house twenty-three times, and it sat till 5a.m."Posterity," said Burke, "will bless the pertinaciousness of that day." Onslow's motion was carried; some of the printers were reprimanded, one, Miller, refused to attend.

The city reformers seized the opportunity of renewing their quarrel with the house. Wheble and Thompson were collusively arrested and were discharged, Wheble by alderman Wilkes and Thompson by alderman Oliver, as not being accused of any crime. Worse was to come. Miller was arrested by a messengerof the house, and gave the messenger in charge for assaulting him. Both were brought before Brass Crosby, the lord mayor, Wilkes, and Oliver; Miller was discharged, the messenger held to bail. The house ordered Crosby and Oliver, who were both members of it, to attend in their places, and Wilkes, who was at the bottom of the affair, at the bar. Wilkes refused to attend unless as member for Middlesex, and the house, with more discretion than valour, shrank from another conflict with him. The king, who was deeply interested in the quarrel, approved; he would, he said, "have nothing more to do with that devil Wilkes". Crosby and Oliver defended their conduct, and were committed to the Tower. During the proceedings an angry crowd interrupted the business of the house, pelted several members, roughly handled North and Charles Fox, who was conspicuous as a defender of privilege, and broke their carriages. The lord mayor and Oliver were visited in the Tower by Rockingham, Burke, and other members of the opposition. On their release, at the end of the session, on May 8, they were saluted by the cannon of the artillery company and by vociferous applause, and the city was illuminated. Proceedings against the messenger were stopped by the attorney-general. Though the house was victorious, its dignity suffered so greatly in the conflict that it forbore to follow up its victory. Burke's words proved true; for though the publication of debates was still held to be a breach of privilege, no further attempt was made to punish it. Soon after this dispute with the house of commons the city reformers quarrelled amongst themselves, and the party was split up.

THE ROYAL MARRIAGE ACT.

Though political disputes dulled the interest excited by theological questions in the earlier half of the century, the house of commons was invited on February 6, 1772, to abolish the subscription to the Thirty-nine Articles which was demanded of all clergymen and of all students matriculating at Oxford and Cambridge. The movement was connected with a tendency towards unitarianism, which, besides attracting many dissenters, exercised an influence within the Church. Some churchmen seceded; others, less decided, sought to be relieved of an unwelcome obligation. An association which met at the Feathers Tavern, in the Strand, sent a petition to the house signed by about two hundred and fifty men, clergy, doctors, and lawyers, praying to be relieved of subscription. The king was hostile tothe petition, and North opposed it in moderate terms. Burke spoke against it with remarkable ability, pointing out that a standard of faith was necessary to insure order in the Church, and that subscription to the Bible would not, as the petitioners maintained, afford any criterion of belief. The petition was rejected by a large majority, though several members on both sides expressed a dislike to requiring subscription at the universities from youths who were not of an age to judge of such matters. The house, though it refused to allow clergymen to evade the formularies of their Church, was not averse from toleration. A bill to relieve dissenting ministers and teachers from subscription to certain of the articles, which was indeed rarely exacted, was carried in the commons with little opposition, but the king and the bishops were strongly opposed to it; the royal influence was used against it in the house of lords, which threw out the bill both in 1772 and 1773, and it did not become law until six years later.

The opposition was moribund. An annual motion was made for shortening the duration of parliaments; but it attracted little attention, and other questions which had lately agitated men's minds fell equally out of date. A momentary revival of political excitement was caused by a bill which affected the king personally. George had family troubles. His sister Caroline, Queen of Denmark, was accused of adultery and imprisoned; she was allowed to retire to Hanover, and remained there until her death. Soon after hearing of her daughter's disgrace the king's mother died of cancer. She had long ceased to have any political influence and was eminently charitable, yet the sufferings of her last days were exulted over by scribblers opposed to the court, and her funeral was hailed with the cheers of the city mob. About the same time one of George's brothers, the Duke of Cumberland, after disgracing him by his flagrant immorality, married Mrs. Horton, the widowed daughter of Lord Irnham, and sister of Luttrell, the Middlesex member; and the private marriage of another brother, the Duke of Gloucester, to the widow of Lord Waldegrave, a bastard daughter of Horace Walpole's brother, was publicly announced. George was deeply annoyed by these marriages and forbade the offenders to appear at court. At his wish the royal marriage bill was laid before parliament. By this act no descendant of George II. under theage of twenty-six can enter into a valid marriage without the sovereign's consent; nor above that age, should the sovereign's consent be withheld, except by giving a year's notice to the privy council, so that parliament may, if it chooses, forbid the marriage. The doctrine implied in this act, that the whole royal family forms a class apart from the rest of the nation, was foreign to English ideas and smacked rather of German than English royalty. Yet, whatever the effects of the act may have been on those most nearly concerned, they have been beneficial to the nation.

The bill excited much disapproval and was vigorously opposed in parliament. In the commons the preamble, which acknowledged the prerogative asserted by the crown, was passed only by a majority of thirty-six, and the bill was finally carried by 165 to 115. Among its opponents were Burke and Charles Fox, by that time a power in the house. No man probably has ever enjoyed greater popularity than Fox. His disposition was amiable and generous, his good nature inexhaustible, his heart full of warm and humane feelings. As a mere lad he had been initiated into vice by his father's folly; he drank, lived loosely, dressed extravagantly, and was an inveterate and most unlucky gambler; his losses were indeed too constant to be wholly due to ill-luck. At twenty-five he owed £140,000, which his father paid for him. He was a keen sportsman, and he cared for higher things than sport. He was accomplished, a lover of learning and art, and found unfailing pleasure in the masterpieces of Greek, Latin, English, French, Italian, and, in later days, Spanish literature. In parliament he had hitherto opposed all popular measures, sometimes with insolent flippancy. He was appointed a lord of the admiralty in 1770. He gradually came under Burke's influence and showed signs of remarkable talents in debate. His speeches were unprepared, his statement of a case was often made confusedly, but he was splendid in reply. His career as a statesman was marred, like his private character, by an utter lack of principle. His opposition to the royal marriage bill seems to have been a matter of private feeling. His father had united the plebeian family of Fox with a house descended from a royal bastard by a runaway marriage with Lady Caroline Lennox; and Charles was hot against a bill which annulled a marriage made without legal consent, and must have derivedspecial satisfaction in opposing the wish to preserve the royal family from derogatory marriages on the part of the faithless lover of his favourite aunt, Lady Sarah. He resigned office, but re-entered the ministry the following December.

NORTH'S REGULATING ACT.

The strength of the ministry caused a stagnation in matters of domestic policy, and parliament turned its attention towards a settlement of the government of India. In 1772 the East India Company was on the verge of bankruptcy, owing chiefly to expensive wars, large pensions to native rulers, and the greed of the proprietors. The successes of Haidar in the Karnatic and the famine in Bengal sent down the price of stock, as we have seen, 60 per cent. The company applied to government for a loan of at least £1,000,000. North, with statesmanlike decision, seized the opportunity of asserting the right of the crown to the territorial revenue and of placing the government under the control of its ministers. The king upheld his policy. Select and secret committees were appointed by the commons to inquire into the condition of the company and of the British affairs in India. Acting on the recommendation of the secret committee, North foiled an attempt of the company to keep its affairs in its own hands by carrying a bill to restrain it from appointing supervisors in India. Burke violently opposed this and every step by which the territorial power of the company was brought into subjection to parliament. It was, indeed, with some justice that he urged that the violation of the royal charter held by the company was a dangerous precedent, that the claim to the territorial revenue was arbitrary, and that parliament had increased the company's distress by extorting from it the payment of £400,000 a year, and had done nothing for it in return. The case for the company was supported in both houses by the Rockingham party generally.

North was supreme in both houses, and, in June 1773, carried his regulating bill. The company received from government a loan of £1,400,000 at 4 per cent., its annual payment of £400,000 was remitted until the loan was repaid; its future dividends were restricted in amount, and its authority in accepting bills from India curtailed; it was to submit its accounts to the treasury, and to export British goods to a certain yearly value. In order to assist the company which had a large stock of tea on hand, it was agreed that it might export this tea direct andduty free to America, a decision which proved of momentous import. A court of supreme jurisdiction was created, consisting of a chief justice and three puisne judges, appointed by the crown and with fixed salaries. The governor of Bengal was made governor-general of British India and was to act with a council of four. The first governor-general, Warren Hastings, then governor of Bengal, and his council were appointed by the act; their successors were to be appointed by the directors and approved by the crown. All military and civil matters which came before the directors were to be submitted to the crown. No officer of the crown or of the company was to accept any presents. The act transferred the government of India from a trading company to the crown. Constitutionally, its weakest point was the appointment of executive officers in parliament; for all officers should be appointed by the crown, and its action should be subject to parliamentary check. As regards the arrangement of government, the act should have defined the relations between the supreme court and the council, and between the governor-general, the directors, and the crown, and should not have left the governor-general in a position to be overruled by his council.

During the debates on these measures the publication of the report of the select committee excited public feeling against the "nabobs," and specially against Clive, and a parliamentary inquiry was held into his conduct. Before the select committee he admitted and defended the deceit which he had practised on Omichand in 1757, and declared that he was justified in accepting enormous sums from Mír Jafar. They were as nothing compared to what he might have had; "Mr. Chairman," said he, "at this moment I stand astonished at my own moderation". Resolutions condemning his conduct were moved by Burgoyne. He defended himself with force and dignity. Finally, after many debates, the house voted that he had through the power entrusted to him possessed himself of £234,000, refused to vote that he had abused his power, and voted instead that "he did at the same time render great and meritorious services to this country". The matter was not made a party question, and the decision was worthy of the assembly which pronounced it. The king, while fully acknowledging Clive's services, thought him guilty of "rapine," and disapproved of his virtual acquittal. Thurlowattacked, Wedderburn zealously defended him. The court party voted different ways. Physical suffering together with the strain of these proceedings affected Clive's mind, and he died by his own hand on November 22, 1774.

THE KING'S POLITICAL PREDOMINANCE.

In 1773 the king's political predominance was firmly established. His will was law to his ministers, and they commanded overwhelming majorities in both houses of parliament. The country was satisfied that it should be so, for the quarrel between the people and parliament had died out. It was a time of political apathy. The balance of power, which during Walpole's administration had shifted from the lords to the commons, was shifting from parliament to the crown. The house of commons was losing its spirit of independence, and the control which it should have exercised on the executive was endangered by the growth of the king's personal authority. So long as George ruled the country successfully this danger was likely to increase. He had so skilfully strengthened his position that he had triumphed over domestic agitation. The just working of the constitution was finally restored through national calamity. American discontents were to lead to a revolt which the enemies of England used as an opportunity for attacking her. Their attacks were formidable in themselves, and had the humiliating result of forcing Great Britain to give up the struggle with her revolted colonies and acknowledge their independence. George had chosen to be his own prime minister, and his policy was to suffer defeat. A period of storm was ahead, and as the ship of state passed through it, the king's personal rule, and much else besides, went overboard. All this was still far off. From 1770 to 1774 the affairs of the American colonies excited little attention in England, though, as we shall see in the next chapter, they were tending towards open revolt.

FOOTNOTES:[82]Annual Register, xiii. (1770), 72.[83]Life of Shelburne, ii., 221; Calcraft to Chatham, March 8, 1771, MS. Pitt Papers, 25.[84]Speeches of Barré, March 23, and Burke, April 6, 1773,Parl. Hist., xvii., 826, 836.[85]Calcraft to Chatham, March 12, 1770, MS. Pitt Papers, 25.[86]Letters of H. Walpole, v., 238-39n.; Mitford,Gray and Mason Correspondence, pp. 438-39; Stephens,Memoirs of J. H. Tooke, i., 157.[87]Calcraft to Chatham, June 10, 1770, MS. Pitt Papers, 25.[88]The State of the Navy, MS. Admiralty Miscell., 567, R.O.

[82]Annual Register, xiii. (1770), 72.

[83]Life of Shelburne, ii., 221; Calcraft to Chatham, March 8, 1771, MS. Pitt Papers, 25.

[84]Speeches of Barré, March 23, and Burke, April 6, 1773,Parl. Hist., xvii., 826, 836.

[85]Calcraft to Chatham, March 12, 1770, MS. Pitt Papers, 25.

[86]Letters of H. Walpole, v., 238-39n.; Mitford,Gray and Mason Correspondence, pp. 438-39; Stephens,Memoirs of J. H. Tooke, i., 157.

[87]Calcraft to Chatham, June 10, 1770, MS. Pitt Papers, 25.

[88]The State of the Navy, MS. Admiralty Miscell., 567, R.O.

THE QUARREL WITH AMERICA.

The failure of the non-importation agreements in 1770 led Englishmen to expect a peaceable end to the quarrel with America, and the colonists were for the most part inclined to let it die out. Samuel Adams had no such inclination, and did all in his power to fan the smouldering embers of strife. For some time longer he and his friends professed loyalty, but he at least was consciously working for separation. A rising in North Carolina, called the regulators' war, because the insurgents claimed to regulate their own police affairs, was smartly quelled by the governor, Tryon, in 1771; it need not detain us, for it had no connexion with the quarrel with England. There was much lawlessness elsewhere. Mobs tyrannised over their more loyal neighbours, tarring and feathering some of those who would not comply with their demands, and using other barbarous modes of advancing the cause of liberty. In Boston the revenue officers were exposed to insult and violence. Hutchinson held the assembly of the province at Cambridge, and further disgusted his opponents by informing them that he was no longer dependent on their votes for his salary; it would thenceforward be paid by the king. The more peaceable Americans were gratified in 1772 by the appointment of the Earl of Dartmouth to succeed Hillsborough as secretary for the colonies, for Dartmouth, a pious and amiable person of no political ability, was known to be anxious for conciliation. Fresh cause of offence, however, was found in a decision of the ministers that the salaries of the Massachusetts judges should be paid by the crown instead of by the colony. This change, which was designed to render the judges independent of popular feeling, was resented as an attempt to make them subservient to the crown, for they held office during the king's pleasure.

HUTCHINSON'S LETTERS.

Meanwhile the contempt with which the authority of the crown was regarded, and the necessity for restraining the provincial judges from political partisanship, were forcibly illustrated. Smuggling was carried on freely, especially in Rhode Island. The duty of preventing it in Narragansett Bay was discharged by Lieutenant Duddingston, in command of theGaspeeschooner. He was zealous, and, according to American accounts, was guilty of illegal and oppressive acts. On June 9, while engaged in a chase, theGaspeeran aground, and on the night of the 10th was boarded by eight boat-loads of men. Duddingston was treacherously shot at and wounded; he and his men were set on shore, and the schooner was burnt. This destruction of one of the king's ships, an act alike of rebellion and piracy, and, as Thurlow said, "an event five times the magnitude of the stamp act," was unpunished. A law, enacted in the previous April, and evoked by a fire in an English dockyard, provided that the setting on fire of a public dockyard or a king's ship should be felony, and that those accused of such an offence should be tried in England. Commissioners were appointed by the crown to inquire into the destruction of theGaspee, and send those concerned in it to England for trial. On their applying for warrants to the chief justice of the province, he declared that he would allow no one to be arrested with a view to deportation, and the commission was fruitless. The colonists were angered by this attempt to enforce the law; and in 1773 took an important step towards union and a future congress by establishing committees of correspondence between the provinces.

Samuel Adams unexpectedly found an opportunity of rousing fresh excitement in Massachusetts. A number of private letters written by Hutchinson and Oliver, the deputy governor, to a gentleman of England, named Whately, and stolen after his death, were sent over by Franklin to the committee of correspondence at Boston, were read by Adams to the assembly, and were subsequently published. Hutchinson, a patriotic American, was a faithful servant of the crown and believed in the supremacy of parliament. His letters contained no statements that were not true and no comments discreditable to a man of honour, holding the opinions on which he had consistently acted. They were declared to be evidences of malice and bad faith; he and Oliver were, John Adams said, "cool-thinking,deliberate villains," and the assembly sent a petition to the king for their removal. The letters were industriously circulated throughout the province, and were denounced by preachers in their Sunday sermons. Such was the state of affairs when, in accordance with the act of parliament authorising the East India Company to export its surplus stock of tea direct to America, three ships laden with tea appeared in Boston harbour. Other ships with like cargoes had also been despatched to New York, Philadelphia, and Charleston. At Boston, on the night of December 16, a large body of men, disguised as Indians and encouraged by Samuel Adams and his friends, boarded the ships and emptied their cargoes, 340 chests of tea valued at £18,000, into the sea. The ships for Philadelphia and New York returned to London without discharging their cargoes. At Charleston the tea was landed, but the consignees were forced to renounce their engagement, and the tea rotted in the cellars of the custom-house.

In England the Boston riot caused much irritation. The news came when the publication of Hutchinson's letters was exciting strong feelings. Who was responsible for their abstraction from Whately's correspondence was for some time a mystery. Franklin kept his counsel, and a duel took place between Whately's brother and a Bostonian who was suspected of stealing them. Then Franklin declared that he alone had obtained them and sent them to Boston. As agent for Massachusetts he appeared before a committee of the privy council on January 29, 1774, in support of the petition against Hutchinson and Oliver. Both sides were heard by counsel. Wedderburn, who spoke against the petition, made a violent attack on Franklin; he described him as a thief and accused him of acting from the meanest motives. The temper of his audience was irritated by the news from Boston, and his speech was received with manifestations of delight, indecent on the part of men sitting as judges in that august court. The petition was rejected as groundless and scandalous, and men went away "almost ready to throw up their hats for joy," as though a lawyer's bitter tongue had given England a victory. Franklin was at once dismissed from his office of deputy postmaster. Wedderburn's speech and the spirit in which it was received were impolitic as well as discreditable. While strongly opposed to the ministerial policy inAmerica, Franklin had shown himself anxious to maintain the tie between Great Britain and her colonies. This attack upon his character made him one of England's enemies, and, as it proved, one of the most dangerous of them. His conduct is not palliated by the indecency of his opponents. It has been urged in his defence that, as Whately had shown the letters to certain English politicians, it was fair that Boston politicians should also see them, that as agent he was bound to do the best for his province, and that governments did intercept and use correspondence which was believed to contain important political information.[89]Conduct befitting a man of honour needs no defence.

FOX DISMISSED FROM OFFICE.

The general opinion in England was that Boston should be punished, and that if the government made an example of that rebellious town, the Americans would learn a wholesome lesson. The king held this opinion, and was delighted when General Gage told him that the Americans "would be lions whilst we are lambs, but if we take the resolute part they will undoubtedly prove very meek". He determined to force Boston to submission, and his ministers were at his command. A junior lord of the treasury was insubordinate, and was promptly dismissed. It seemed a small matter, but it had important consequences, for the rebel was Charles Fox. He had more than one grudge against the king, and he was perhaps growing impatient of serving under a minister who was virtually the king's representative, though his actual revolt may have been an unpremeditated ebullition of youthful vanity. A libel on the speaker, of which the turbulent parson, Horne, was the author, gave him an opportunity for self-display; he usurped the functions of leader of the house, persuaded it to enter on proceedings which might have ended in another awkward quarrel with a printer, and placed North in a most embarrassing position. The king, whom he had already offended by his opposition to the royal marriage bill, heartily disliked him, and urged North to get rid of him. He was curtly dismissed from office on February 24. He at once went into opposition, and acted generally with the Rockingham party, though he did not distinctly join it until a later period. He was already intimate with Burke, who soon gained much influence over him. On almost every question he combated theopinions which he had previously supported, and constantly attacked his former chief with great bitterness. In debate the opposition gained enormously by his alliance, but it was in the end injurious to their cause. His sympathy with the enemies of his country in time of war strengthened the king and his ministers in their efforts to maintain the honour of England by persevering in the struggle, for it revolted the patriotic feelings of the nation and kept it steadfast in its support of the government.

THE PENAL ACTS.

On March 14 North began to lay before the commons the measures by which the government hoped to bring the Americans to submission. By the first of these penal laws, as they are called, Boston was to be punished by the transference of the seat of government to Salem, and by the closing of its harbour, which entailed the suspension of its trade, until the town had made good the loss inflicted on the East India Company, and the king was satisfied that the laws would be observed. North spoke with remarkable moderation. Both he and Dartmouth disliked violent measures, and their tone with regard to America was so different from that of their colleagues, that it indicated a division in the cabinet.[90]The bill met with little opposition in the commons, though Dowdeswell and Burke spoke against it. In the lords, Rockingham and Shelburne opposed it, Chatham was absent through ill-health, and Mansfield strongly advocated it, declaring that Boston had committed "the last overt act of treason," and that it was a lucky event, for if the bill passed we should have crossed the Rubicon, the Americans would see that we would temporise no longer, and if it passed unanimously, Boston would submit without bloodshed. The bill passed both houses without a division. The next bill, "for regulating the government of Massachusetts Bay," overthrew the charter of the colony; it increased the power of the governor, vested the nomination of the council in the crown, altered the system by which juries were chosen, and prohibited town meetings, the principal engine of democratic rule, from being held without the consent of the governor. The abrogation of chartered rights excited strong, though ineffectual, opposition; the bill was passed in the commons by 239 to 64, and in the lords by 92 to 20, eleven peers signing a protest against it.

This measure was calculated to alarm and irritate the colonies generally, for the alteration of the charter of one of them would be taken as a menace to the constitutional liberties of all. In the hope of counteracting this effect, the opposition wished the house of commons, before it passed the bill, to conciliate the Americans by repealing the tax on tea.[91]A motion was made for the repeal on April 19, and was supported by Burke in a speech of remarkable power. He maintained that the concession would be well received, and entreated the house to resort to its old principles, to be content to bind the colonies by laws of trade, to disregard the question of its right, and to refrain from taxation. Only forty-nine voted for the motion. A third bill ordered that any one accused of a capital offence should, if the act was done in the execution of the law in Massachusetts, be tried in Nova Scotia or Great Britain; and a fourth provided for the quartering of troops. When the quartering bill was before the lords, Chatham returned to parliament. He opposed the bill, declared his dislike of the Boston port bill, which, he said, punished a whole town for the crime of a few; and while he condemned the turbulence of the Americans, declared that their discontent was due to the irritating treatment they had received, and urged that England should act towards them as a fond and forgiving parent, for the time was at hand when she would "need the help of her most distant friends". On all these bills the numbers of the minority were very low, and the king declared himself "infinitely pleased" with the reception they met with. Meanwhile Hutchinson was recalled, and Gage was appointed governor of Massachusetts as well as commander-in-chief.

THE QUEBEC ACT.

Another bill, closely connected with the state of affairs in America, though not devised merely with reference to it, provided for the government of Canada, which had remained as it had been settled temporarily by royal proclamation in 1763. The province of Quebec, as it was called, only extended eastward to the St. John's river on the north of the St. Lawrence, the territory beyond being annexed to the jurisdiction of Newfoundland, while on the south the islands of Cape Breton and St. John (Prince Edward's island) belonged to Nova Scotia. Nosettlement was made as to the country west of the Appalachian range, which was claimed by the old colonies, nor as to the vast tract between Lake Nipissing and the Mississippi, the boundary of the Spanish land. The government of Canada was in the hands of a military governor-general and a council. In 1764 the English-speaking and protestant population was a mere handful; in 1774 it numbered about 360, while the French Roman catholics were at the least 80,000. In accordance with the treaty of Paris the catholics had full liberty of worship. English was, however, the only official language, and all offices were held by men of British nationality. The administration of the law was confused, and, though the king's proclamation held out a prospect that an assembly might be called, it required oaths and declarations which would have shut Roman catholics out from it. The French disliked the English law with reference to land, and as far as possible evaded it. Constant difficulties arose, and, in 1766, Charles Yorke, then attorney-general, advised that English should cease to be the only official language, and that French law should be recognised in cases which concerned land. On the other hand the British minority, largely consisting of immigrants from New England, pressed for an assembly, which would have strengthened and perpetuated their supremacy over their French neighbours.

The discontent in the American colonies made the ministers specially anxious to conciliate the French Canadians, and with the advice of Sir Guy Carleton, the governor, they brought in a bill for the government of the province. The Quebec act of 1774 included in Canada the territory previously annexed to Newfoundland, and extended its boundaries to the Ohio and the Mississippi. It confirmed freedom of worship to the Roman catholics and secured to their priests, with the exception of the religious orders, their former tithes and dues, so far as concerned their own people only, for protestants were exempted from such payments. Civil cases were to be decided according to the French law, criminal cases according to the English law, by juries. It was declared inexpedient to call an assembly; a legislative council was nominated by the crown, and taxation was reserved to the parliament of Great Britain. The bill was strenuously opposed, Chatham in the lords, and Burke and Barré in the commons speaking strongly against it. Thegovernment, it was urged, was setting up a despotism and was depressing the British population to please the Frenchnoblesse, and the trial of civil cases without juries and the withholding of thehabeas corpuswere represented as intolerable grievances.

The conflict was hottest on the religious question. The whigs, who secured the support of the dissenters by posing as the protestant party, had a hereditary claim to the popular cry of No popery. They denounced the bill as establishing popery, while it merely permitted protestantism. It was, Chatham declared, a breach of the reformation, of the revolution, and of the king's coronation oath. The City petitioned against the bill, and when, on June 22, the king went to give his assent to it and to prorogue parliament, he was received in the streets with angry cries of "No popery". The agitation soon died out, for the government was popular. In America the act caused much irritation; New York, Virginia, and other colonies complained that it deprived them of the right to extend their territories; the revolutionary party saw with uneasiness the establishment of the power of the crown over a vast district on their borders, and religious prejudices were aroused by the favour shown to the catholics. Strong protestant as he was, the king was thoroughly in favour of the bill. It was a wise and a just measure. It gave the French Canadians all that they really needed: they thought it absurd that rights to land should be decided by juries; they had no political ambitions, and only desired to enjoy in peace the ministrations of their own priests and the right to deal with their lands according to their ancient customs. They rejoiced that their priests were satisfied, and in the coming struggle between Great Britain and her colonies the priests were mindful of the justice with which they were treated and used their boundless influence with good effect on the British side.

The Rubicon, as Mansfield said, was passed, but the event was to be different from the expectation of the king and the nation at large. When Gage went out to enforce the repressive acts neither he nor those who sent him thought that his task would be hard. Four regiments, he believed, would be enough to settle the business. The Americans, Sandwich said, were cowardly and undisciplined; they would not stand a cannon-shot. That they would not fight was the firm opinion of allbut a very few. More than this, it was generally expected that Massachusetts would not be supported by the other colonies, and no special military preparation was thought necessary. On June 1, Boston harbour was closed. The busy little town lay desolate, its wharfs were deserted, its warehouses shut up, its streets silent; its merchants were threatened with ruin, its seamen, shipwrights, and labourers and their families with starvation. The act was enforced to the utmost, and small as Gage's force was, it was sufficient to keep the town in subjection. Its punishment was heavy, but surely not heavier than its offences. Be this as it may, it was worse than ineffectual. The penal acts irritated the Americans and did not intimidate them. Boston was regarded as suffering for the common cause. Supplies poured in from the towns and villages of New England, from the Carolinas, Virginia, and Maryland; and a continental congress was decided on. Encouraged by the prospect of support, the revolutionary party in Massachusetts defied Gage's authority; gatherings of armed men took place, and warlike preparations were set on foot. Gage began to fortify Boston Neck and brought in some guns which might otherwise have been seized by the people.

On September 5 the continental congress met at Philadelphia. Of the thirteen colonies only Georgia was unrepresented. Yet the delegates came with different instructions and different intentions, and even among delegates from the same province there was much difference of opinion. As a body the congress did not meet with any predetermined revolutionary purpose. Many loyalists and indeed moderate men of both parties believed that it would be a means of arranging a reconciliation with Great Britain, and though the most decided loyalists would have nothing to do with it, even they hoped for a good result:[92]one-third of the delegates, John Adams said, were whigs, one-third tories (loyalists), and the rest mongrel. A proposal for a new constitution with a president over all the colonies to be appointed by the crown, and a grand council to be elected by the several assemblies and to act in connexion with parliament, was only negatived by the votes of six colonies to five. Yet the revolutionists gained a decided preponderance, largely through the skilful management of Samuel Adams, who persuaded the congress to approve the "resolves" passed at a meeting of Suffolk county, Massachusetts. These "resolves" rejected the act for the government of the province, required tax collectors not to pay money into the governor's treasury, and advised towns to appoint their own officers of militia. Besides endorsing a policy of armed resistance to government, congress further demanded the revocation of a series of acts of parliament, including the Quebec act and the late penal legislation, drew up a declaration of rights, agreed on non-exportation and non-importation, sent a petition to the king, and published an address to the English people. It arranged that a new congress should meet the following May, and invited the Canadians to join in it, suggesting grounds of discontent with the English government and pretending a zeal for religious equality. But the Canadians were not to be caught.

AMERICAN LOYALISM.

Congress separated without having laid down any basis for conciliation save complete surrender on the part of parliament, which was clearly impossible. It professed loyalty to the crown, and it is probable that certain eminent Americans, who, like George Washington, declared that they knew of no wish for independence, really desired to maintain the connexion with England, if they could bring affairs back to their condition before 1763, and actually believed that by cutting off commercial relations with her, they could compel her to assent to their demands without an appeal to arms. Like the vast majority of Englishmen, who did not believe that the Americans would fight, they failed to understand the situation. In the case of others, like Patrick Henry and the Adamses, it is useless to attach any weight to loyal expressions. Too much, indeed, has been made of the American professions of loyalty, for men's loyalty is better judged by their actions than by their words. Thousands of Americans proved their loyalty by tremendous sacrifices. Loyalism on its religious side was connected with the teaching of the English Church; politically it was the outcome of attachment to law, monarchy, and the unity of the empire as against revolution, democracy, and separation.[93]The loyalists, however,included men of various religious persuasions and of different shades of political opinion. As Americans, they felt the British colonial system burdensome, and only the more extreme among them approved of the stamp act and the Townshend duties. Many took the American view of the rights of the colonies; they desired reforms and redress of grievances, and some of them were not averse from the milder forms of resistance. Yet all were loyal to the crown and acknowledged the supremacy of parliament. The hopes of the moderate section were disappointed by the congress of 1774; in common with the more extreme loyalists they held that it exceeded its powers, and their denial of its authority united the loyalist party.

The loyalists, or tories as they were called, comprised, in addition to the royal officers, many of the best and most cultivated people in the colonies, a majority of the larger landowners, by far the greater number of the episcopal clergy together with some other religious teachers, very many physicians, fewer lawyers, though some of the most eminent among them, and many of the wealthier merchants, who disliked the interruption of trade and believed that its prosperity depended on British commerce. Among the lower classes some farmers, mechanics, and labourers were loyalists. They were weakest in New England, though fairly numerous in Connecticut. New York was throughout the loyalist stronghold, and, of the other middle colonies, Pennsylvania was disinclined to revolution and New Jersey contained a strong loyalist minority. In the southern colonies they were about as numerous as the whigs, and in South Carolina and Georgia perhaps outnumbered them. John Adams, who would be inclined to underestimate their number, thought that they were a third of the population of the thirteen colonies. The number on each side fluctuated from time to time; the loyalists claimed to be in a majority, and it is probable that at least half of the most respected part of the population were throughout the struggle either avowedly or secretly averse from revolution.[94]At the lowest computation 20,000 loyalists joined the British army, and some thirty regiments or battalions of them were regularly organised and paid. Most of them were peaceable men, not more inclined for fighting than the mass of their opponents who were forced into war by an active minority. Through the skilful management of this minority the loyalists were disarmed everywhere at the beginning of the struggle. They suffered terrible persecution. A man suspected of loyalism would be summoned to a meeting of the "sons of liberty," and ordered to take an oath to them. If he refused he was tarred and feathered, or set to ride upon a rail, and his house was defiled with filth. Loyalists were declared liable to imprisonment, exile, and confiscation. These men were not less patriotic than the revolutionists; they believed that the welfare of their country depended on its remaining part of the British empire; and holding this belief they suffered, fought, and died for their country's sake.

A GENERAL ELECTION.

Although parliament had not lasted its full term of seven years, it was dissolved on September 30. The king was probably anxious that a new parliament should be elected before any event took place which might suggest doubt as to the success of his American policy. Besides, he was anxious to secure more men of landed property as members, and reckoned that a sudden dissolution would foil "the nabobs, planters, and other volunteers," who would not be ready for the battle.[95]His design was successful, and the election as a whole was marked by the predominance of the country gentlemen, at that period the best element in a house of commons. Much to George's annoyance the Grenville election act had been made perpetual during the last session. Its good effects were apparent in the election of 1774; it made the bribery of borough electors dangerous, and there was far less of it than before. Bargains, however, could still be made with the owners and patrons of boroughs, and the king made himself responsible for the money North expended. North offered Lord Falmouth £2,500 a piece for three Cornish seats and had "to make it guineas". Other bargains of the same kind were made. George, who was great at electioneering manœuvres, took much interest in the proceedings. He was unable to find a candidate to stand against Wilkes, then lord mayor elect, and Wilkes and Glynn were returned for Middlesex without opposition. Wilkes took his seat without encountering any difficulties and his political importance virtually ended withhis exclusion. Bristol returned Burke, who was recommended to that great commercial city by his desire for conciliation with America, and his knowledge of mercantile affairs. At the declaration of the poll he dwelt on the relations which should exist between a member and his constituents: he should, he said, as their representative in all cases prefer their interests to his own, but he should not sacrifice his mature judgment to their opinion, or be subservient to their mandates. As a whole the election satisfied the king, for the ministers had a large and indeed an increased majority.

"I am not sorry," George wrote on hearing of the proceedings of congress, "that the line of conduct seems now chalked out; the New England colonies are in a state of rebellion, blows must decide whether they are to be subject to this country or independent." He expressed the feeling of by far the larger part of his people. Not of all, for his ministers North and Dartmouth and a few of their party, were averse from violent measures; the merchants who traded with America were anxious for conciliation; and the whigs as a body were opposed to the king's policy. Chatham exulted in "the manly wisdom and calm resolution of congress". The experience and sentiments of his great days led him to foresee that, in case of war France and Spain would seize the opportunity of attacking England. Unfortunately his theory that the colonies owed only a limited obedience to the crown, that while parliament had a right to crush disobedience and to pass acts regulating trade, it had no right to impose taxes, his violence, his inveterate habit of "talking fustian,"[96]and his friendship with Franklin, who was commonly regarded as a rebel, deprived his warnings of the weight which they deserved. The Rockingham party did not act cordially with him. It was inspired by Burke who urged that parliament should disregard the question of right, should act in accordance with the spirit rather than the letter of the constitution, should respect a desire for free institutions, and should be guided by what was practicable and what was advisable, specially with reference to England's trade. His influence was somewhat injured by the fact that since 1771 he had been the paid agent of the province of New York. Equally with Chatham, he considered that colonialtrade and industry should be restrained in order to bring wealth to the mother-country, nor does either of them seem to have perceived that the root of American discontent lay in these restrictions.

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