THE HISTORY OF THE RISE, PROGRESS, AND ESTABLISHMENT OF THE INDEPENDENCE OF THE United States of America: INCLUDING AN ACCOUNT OF THE LATE WAR, AND OF THE THIRTEEN COLONIES, FROM THEIR ORIGIN TO THAT PERIOD.
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PREFACE.
History has been stiled, “The evidence of time—The light of truth—The school of virtue—The depository of events.” It is culculated for the purposes of showing the principles on which states and empires have risen to power, and errors by which they have fallen into decay, or been totally dissolved: and of pointing out the fatal effects of intestine divisions and civil wars, whether arising from the ambition, weakness, or inattention of princes; or from the mercenary disposition pride, and false policy of ministers and statesmen; or from mistaken ideas, and the abuse of government and liberty. It should oblige all, who have performed any distinguished part on the theatre of the world, to appear before us in their proper character; and to render an account of their actions at the tribunal of posterity, as models which ought to be followed, or as examples to be censured and avoided.
The instructions that events afford, are the soul of history, which doubtless ought to be a true relation of real facts during the period it respects. An essential requisite in an historian is the knowledge of the truth; and, as in order to perfection, he ought to be superior to every temptation to disguise it: Some have said, that “he should have neither country, nor particular religion.” The compiler of the present history can assure the public, that he has paid a sacred regard to truth, conscious of his being answerable to a more awful tribunal than that of the public; and has labored to divest himself of all undue attachment to every person, country, religious name or profession: whenever the reader is inclined to pronounce him partial, let him recollect that he also is subject to the like human frailty. A regard to truth has often restrained him from the Iuse of strong and florid expressions, that he might not impose upon the reader a pleasing delusion, and lead him into false conceptions of the events undertaken to be related.
The following work is not confined to the contest between Great-Britain and the United States of America, but includes all the other parts of the war which originated from that contest.
In the beginning of the first letter, the reader is acquainted with the reasons that produced an historacal account of the first settlers in the Thirteen Colonies, and of their successors, down to the close of 1771. The insertion of what followed to the commencement of hostilities, was necessary for the connecting of the two periods.
The form of letters, instead of chapters, is not altogether imaginary, as the author, from his arrival in America in 1770, maintained a correspondence with gentlemen in London, Rotterdam and Paris, answering in general to the prefixed dates.
He apprehended, that by keeping to such form, and making the narrative agree with the moment to which it related, and by introducing the various insertions necessary for the authenticating of facts, a present ideal existence of past events might be produced in the mind, similar to what is felt when a well executed historical painting is examined. The better to secure this point, several parts are written in the present tense. If the author has failed in the execution, it is hoped that the candid reader will admit of the good intention as an apology.
He has kept, as far as he could, to a chronological order. This has necessarily interrupted the narrative of particular parts; which, though a disappointment to some, may prevent the tediousness that might otherwise have been felt by persons of a different taste. It may at least serve to prevent or correct IIthe too frequent mistakes of ascribing prior events, partly or wholly to subsequent facts. The author regrets his not having given every European letter the immediate resemblance of being written to him by a correspondent. He flatters himself, that he has in some measure compensated for that and other defects, by the general contents of every letter in each volume, prefixed to the same; by a copious index to the whole at the end of the last; and by a set of maps, about which neither care nor expence has been spared to render them valuable.
Struck with the importance of the scenes that were opening upon the world, in the beginning of 1776, he formed an early design of compiling their history, which he made known to the late commander in chief of the American army; and meeting with the desired encouragement from him, he applied himself to the procuring of the best materials, whether oral, written, or printed. Oral communications were minuted down while fresh in the memory; the written were directed immediately to himself in many instances, in others only imparted: the productions of the European press could not be received with any regularity or certainty during the war, but were improved as they could be obtained.
The United States, in congress assembled, favored him with an inspection of such of their records as could with propriety be submitted to the perusal of a private person; and he was indulged by the late generals Washington, Gates, Greene, Lincoln, and Otho Williams, with a liberal examination of their papers, both of a public and more private nature.
He had the opportunity of acquainting himself with the records of the first settlers in New-England; and examined those of the Massachusetts Bay, from their formation as a company to the close of the war, contained in near thirty folio manuscript volumes.
IIIDr. Ramsay’s History of the War in Carolina, was communicated to him while in manuscript; and liberty was granted to make full use of it; the present opportunity is embraced for acknowledging the benefit received from it, and for returning grateful thanks to the Doctor. The Americans remarked, that Dodsley’s Annual Register contained the best foreign printed summary account of affairs: But it was not possible for writers on this side the Atlantic to avoid mistakes. That Register and other publications, have been of service to the compiler of the present work, who has frequently quoted from them, without varying the language, except for method and conciseness. He gathered from every source of intelligence in his power, while at the place of his residence near Boston; and since his return to his native country, in 1786, has improved the advantage arising from it.
The accounts here given of American affairs, are so different in several respects from what have been the conceptions of many on each side the Atlantic, that it was necessary to insert a variety of letters, papers, and anecdotes, to authenticate the narrative. The publication of these, it is presumed, will obtain credit for such parts as could not with propriety be supported by the introduction of similar proofs.
To write a history worthy the approbation of his friends, and (as far as his power extended) of the present age, and of posterity; and to convince mankind, that Truth was his care, his search, and what his soul was engaged in, have been the great objects of
London, Oct. 28, 1788.
The GENERAL CONTENTS of the several Letters in Vol. I. — Letter I. P. 13–72. — Letter II. P. 72–104. — Letter III. P. 105–140. — Letter IV. P. 140–204. — Letter V. P. 205–213. — Letter VI. P. 214–215. — Letter VII. P. 215–229. — Letter VIII. P. 229–236. — Letter IX. P. 237–257. — Letter X. P. 258–279. — Letter XI. P. 279–304. — Letter XII. P. 304–319. — Letter XIII. P. 319–326. — Letter XIV. P. 327–387. — Letter XV. P. 387–431.
The rise of the Puritans and Brownists, p. 14. The Brownists flee to Holland; remove to America; settle at New-Plymouth; and adopt the congregational mode of church government, p. 17. The Puritans purchase and settle the Massachusetts Bay, p. 22. Connecticut and New-Haven colonies settled, p, 32. The settling of Providence and Rhode-Island colony, p. 35. New-Hampshire and the Main settled, p. 36. New-York, p. 40. New-Jersey, p. 41. Virginia, p. 45. Maryland, p. 53. Carolina, p. 55. Pennsylvania and Delaware counties, p. 63. Georgia, p. 70.
The New-York and Massachusetts settlements on the subject of taxation, p. 72. Parliamentary acts respecting the colonies, p. 75. The latter co-operate with the mother country, p. 77. The expedition against Louisburgh, in 1745, p. 81. The Ohio company, in 1749, p. 86. Hostilities commence in 1754, p. 89. The plan of the Albany congress for uniting all the colonies, p. 90. The ministerial plan, and Dr. Franklin’s objections to it, p. 91. General Braddock’s defeat, p. 95. Lord Loudon and the Massachusetts general court, p. 96. The exertions of the Massachusetts in the common cause, p. 97. Governor Bernard, p. 98. Mr. James Otis, p. 100. The Massachusetts people jealous of ministerial designs against their liberties, p. 101.
The Massachusetts assembly declare against parliamentary taxation, p. 105. Appoint a committee to correspond with the several assemblies on the continent, p. 108. The stamp act, p. 111. It occasions a general discontent in the Massachusetts, p. 117. The Virginia resolves respecting it, p. 118. A congress meet at New-York, in 1765, p. 120. Riots at Boston and elsewhere on account of the stamp act, p. 121. Associations against its operation, p. 123. The stamp act repealed, p. 128.
Mr. Samuel Adams chosen a member for Boston, p. 140—as also Mr. John Hancock, p. 142. Compensation made to the sufferers in the time of the riots, p. 144. The proceedings of Vthe Massachusetts and New-Yorka assemblies, p. 145. Mr. Charles Townsend’s bills for taxing the colonies afresh, p. 146. The New-York legislative power suspended, p. 147. A board of commissioners established in America, ibid. Non-importation renewed, p. 148–162. The New-England spirit of patriotism approved of at Philadelphia, p. 149. The Massachusetts assembly agree upon a circular letter to the rest of the assemblies, p. 151. The new assembly required to rescind the resolution which gave rise to it, p. 154—refuse, and are dissolved, p. 155. Mr. Hancock’s sloop Liberty seized, p. 156. Troops ordered to Boston, p. 161. A convention is called, and meets at Boston, p. 165. Troops land in the town, p. 166. The letters of the Philadelphia merchants to the committee at London, p. 168–178. The parliamentary resolutions against the Massachusetts proceedings, p. 170. The counter resolves of Virginia and Massachusetts, p. 171–174. Governor Bernard recalled, p. 182. Goods re-shipped from Boston, p. 185. The act for repealing the duties on glass, paper, and colours, p. 186. The soldiers at Boston fire upon the inhabitants, on March 5, 1770, p. 190. Captain Preston and the soldiers are tried, p. 193. Mr. M‘Dougall, of New-York, committed to jail for publishing an address to the inhabitants, p. 199. Massachusetts assembly and lieutenant-governor Hutchinson, p. 201.
Governor Hutchinson and the Massachusetts general court, p. 205. The Gaspee schooner burnt, p. 206. Mr. James Warren proposes committees of correspondence through the Massachusetts, p. 207. Governor Hutchinson, in his speech to the general court, introduces the subject of the supremacy of parliament, p. 212.
An act for the better securing of his majesty’s dock-yards, ships, &c. p. 214. The East-India Company empowered to export their own teas, p. 215.
The Virginia burgesses resolve to maintain an intercourse with the sister colonies, p. 216. A number of letters transmitted by Dr. Franklin, are communicated to the Massachusetts assembly, p. 217. The measures pursued by the colonies to prevent the introduction of the tea sent by the East-India Company, p. 218. The proceedings at Boston relative thereto, p. 220. VIThe tea is thrown into the water, p. 224. The conduct of the Massachusetts assembly respecting the judges receiving their support from the crown, p. 227. The sentiments of the professed patriots in the Massachusetts, p. 228.
A duel occasioned by the letters sent over by Dr. Franklin, p. 229. The Massachusetts petition for the removal of the governor, dismissed, p. 230. The Boston port-bill, p. 231. The bill for regulating the government of the Massachusetts, p. 232—for the impartial administration of justice, ibid.—for the government of the province of Quebec, p. 235.
Governor Gage arrives at Boston, p. 237. The measures pursued relative to the Boston port-bill, p. 238. The Massachusetts assembly appoint a committee to attend a general congress, p. 241. The measure is adopted by other colonies, p. 242. Boston considered as suffering in the common cause, p. 245. Observations on the port-bill, p. 246. General Gage alarmed, p. 248. The Massachusetts people prepare to defend their rights with the sword, p. 249. The courts of judicature suspended, p. 253. Gage fortifies the entrance into Boston, p. 254—seizes a quantity of powder, ibid. An assembly of delegates form the towns in Suffolk, of which Boston is the county town, p. 255.
The general congress meet at Philadelphia, p. 258—write to Gen. Gage, p. 259—make a declaration of rights, ibid.—enter into a non-importation, non-consumption, and non-exportation agreement, p. 261—address the people of Great-Britain, p. 262—their memorial to the inhabitants of British America, p. 263, address the king, p. 264—the Canadians, p. 266. Messrs. Galloway and Duane on the side of ministry, p. 267. Massachusetts provincial congress form and adopt measures for the defence of the colony, p. 263. Proceedings in Pennsylvania, Rhode-Island, New-Hampshire, Virginia, Maryland, & South-Carolina, p. 275. The state of the Massachusetts colony, p. 278.
The parliament dissolved, p. 279. His majesty’s speech to the succeeding new one, p. 280. Transcript from Mr. Quincy’s journal, p. 282. Lord Chatham’s speech, Jan. 30, 1775, VIIp. 286—Lord Camden’s, p. 290. The petition of the house of commons in favour of the colonist neglected, p. 293. Lord North proposes a joint address from both houses to the king, p. 296—It occasions great debates, p. 297—is protested against, p. 300. North’s conciliatory motion, p. 301. Opposition to the bill for restraining the New-England provinces from fishing on the banks of Newfoundland, p. 302. The Americans insulted by several in both houses of parliament, p. 303.
The Massachusetts congress meet, p. 305. General Gage sends troops to Salem, ibid. A battle between the whigs and tories at New-York, March 5, 1775, p. 307. The precautions of the Massachusetts people to supply themselves with military articles, and to prevent a surprise, ibid. Gage sends troops to Concord, p. 310—they fire upon the militia at Lexington, ibid. The country rises, p. 311. A reinforcement of British sent from Boston, p. 312. The origin of the term Yankee, ibid. The royal troops obliged to retreat to Bunker’s-hill in Charlestown peninsula, p. 314—cross over to Boston, ibid.—which is invested by the provincials on every side by land, p. 315. Gage agrees with the committee of the town, p. 316. Dr. Warren’s letter to him, p. 317. The provincials no wise prepared for a military contest with Great-Britain, p. 318.
The fishery restraining bill, and the bill for restraining the commerce of the colonies, p. 319. Petitions against the coercive acts, and counter petitions, p. 321. The city of London approaches the throne with an address, remonstrance, and petition, in favour of the Americans, p. 322. The earl of Effingham resigns his regiment, p. 323. Generals Howe, Clinton, and Burgoyne, sail for Boston in the Cerberus, p. 324. The news of the Lexington engagement reaches London, p. 326.
The North-Carolina general assembly meet, p. 327. The effects of the Lexington engagement, p. 328. The expedition against Tyconderoga, p. 332. The proceedings of the Massachusetts congress, p. 336. Transactions in and about Boston, p. 341. Governor Hutchinson’s letter books discovered, p. 344. The acts of the general congress, p. 346. George Washington, esq. elected commander in chief of the continental forces, p. 347. The battle at Breed’s-hill, erroneously called Bunker’s hill, p. VIII350. A speech of the Oneida Indians, p. 360. An answer of the Stockbridge Indians, p. 361. The reply of the Massachusetts congress, p. 362. The acts of the general congress, p. 363. General Washington’s arrival at the American camp, and the affairs of the army, p. 365. The acts of the general congress to the time of their adjourning, p. 369. Georgia accedes to the union, p. 373. The proceedings of the South-Carolinians, p. 376—of the North-Carolinians, p. 378—of the Virginians, p. 380—of the Maryland convention, p. 383. The affairs of Pennsylvania, Philadelphia, New-York, and other places, p. 384.
The Thirteen United Colonies, p. 387. The proceedings of the South-Carolinians, p. 388. The nature of the opposition to popular measures in their colony, p. 389. They send troops into the settlements of the royalists, p. 392. The measures taken by the North-Carolinians, p. 393—by the Virginians, p. 394—in regard to Lord Dunmore, p. 395—his lordship disappointed at Norfolk, ibid.—in his expectation of being joined by a considerable force under Connelly, p. 397. The orders of the Pennsylvania assembly to their delegates in congress, p. 398. The sentiments of the Jersey assembly, ibid. The Asia man of war fires upon New-York, p. 399. Governor Tryon’s influence alarms congress, p. 400. Letters between Generals Washington and Gage, p. 404. Colonel Arnold’s expedition into Canada, p. 406. Dr. Churche’s correspondence with a British officer discovered, p. 410. Falmouth destroyed, p. 412. The old south meeting-house in Boston turned into a horse riding school, p. 413. The Massachusetts assembly resolve to fit out armed vessels, p. 416. The steps taken to introduce independency, p. 419. Acts of congress, p. 422. General Montgomery is sent to Canada, p. 424—appears before Quebec, p. 430.
LETTER I.
To your properly understanding the nature and origin of the uneasiness that has so strongly agitated the colonies of late years, and still exists, though now somewhat abated; and which has been occasioned by parliamentary taxation and the modern measures of government; you must be acquainted with the sentiments and history of the first settlers, no less than of their descendants and successors.
Several of the most zealous and eminent protestants, in the reign of Edward the VIth, opposed the popish ceremonies and habits, though otherwise united to their brethren in religious tenets. The opposition became more general and determined, after hundreds of them fled to, and resided in foreign parts, in order to escape the Marian persecutions. There the sentiments of numbers, through their intercourse with protestants of other nations, were much changed and improved; and they were more than ever desirous of proceeding further in the reformation, than was directed by the service-book of king Edward.
Upon the accession of Elizabeth, the refugees returned to England, [1558.] loaded with experience and learning, but in the utmost distress and poverty. Those of the clergy, who could comply with the queen’s establishment, were quickly preferred. The rest, after being admitted to preach a while, were suspended, and reduced to former indigence. Several XIwere offered bishopricks, but declined the tender, on account of the garments, ceremonies, &c. while the necessity of the times and the flattering hope of obtaining hereafter an amendment in the constitution of the church, induced others to accept preferments, though with trembling.
The queen affected much pomp in religion; was fond of the old popish ceremonies, in which she had been educated; and thought her brother, king Edward, had gone too far in demolishing ornaments.
The clergy and laity, who sought after greater ecclesiastic purity, in vain struggled hard for the abolishment of popish ceremonies and habits; or, at least, leaving the use of them, in divine service, indifferent. They obtained nothing but the honorable nick-name of PURITANS. The queen proved an inflexible bigot, and would be obeyed, or punish. The parliament, in their first session, had very injudiciously passed the two acts of supremacy and uniformity, without guarding them properly; and by a clause in the latter, delivered up to the crown, all ecclesiastic jurisdiction. Men of solid learning and piety, of sober lives, popular preachers, professed enemies to popery and superstition, and of the same faith in point of doctrine, with the conformists, were suspended, deprived, imprisoned and ruined, for not complying with the use of those garments and ceremonies, which their opponents acknowledged to be indifferent in themselves; while the sufferers adjudged such compliance sinful, from their having been abused to idolatry, and serving as marks and badges of that religion they had renounced.
All the puritans of these times were desirous of remaining in the church, might they be indulged as to the habits and a few ceremonies, though they were far from being satisfied with the hierarchy, and had other objections beside those for which they had been deprived. Instead of indulgence, their grievances were multiplied, and the penal laws were rigorously executed. However, the body of the conforming clergy being extremely illiterate and ignorant, the deprived ministers were employed as curates or lecturers; and received for their services, a small consideration from the incumbent, together with the voluntary contribution of the parish. By their warm and affectionate preaching, and eminent faithfulness, they gained the hearts of the common people, who were the more attached to them, the more cruelty was exercised upon them; and who had the utmost aversion to the popish garments, as their hatred to popery increased. The preachers appealed to the scriptures. Their hearers searched them carefully; obtained more and clearer XIIdiscoveries of the popish superstitions; grew in their abhorrence of them; venerated the divine institutions; and longed to have the worship of the church rendered more pure and primitive. The popularity of the deprived ministers drew numbers from neighboring parishes. Puritanism spread and gained ground by being persecuted. Its growth was the greatest grief to the queen and archbishop Whitgift. But neither the supreme head of the church, nor the primate of all England, had policy or christianity enough to apply the proper remedy, in granting liberty of conscience. Instead of that, new acts were passed, and greater severities practised. Such inhuman proceedings against protestants of good moral characters, did not pass unnoticed. They were the subjects of conversation. The right of acting thus toward fellow creatures, and its non-agreement with the mild and benevolent principles of christianity, were freely canvassed. The supreme head and chief dignitaries of the English church being such intolerable persecutors, it became a question, “Is she any longer a true church of Christ, and are her ministers true ministers.”
At length one Robert Brown, descended from an ancient and honorable family, and nearly related to lord treasurer Cecil, a fiery zealot, travelled through the country [1586] a second time, holding forth, wherever he went, against bishops, ecclesiastic courts, ordaining of ministers, &c. and gathered a separate congregation. The parties held, that the church of England was not a true church; that her ministers were not rightly ordained; that her discipline was popish and anti-christian; and that all her ordinances and sacraments were invalid. Therefore they would not join with her members in any part of public worship. They not only renounced communion with the church of England, but with all other reformed churches, except they were of their own model.
These separatists were called Brownists, which was long afterward the common name for all that separated totally from the church of England, even when they disowned the rigid principles of Brown and his congregation. We must carefully distinguish the Brownists from the Puritans. Most of the latter were for keeping within the pale of the church, apprehending it to be a true church in its doctrines and sacraments, though defective in discipline and corrupt in ceremonies. They thought it unlawful to separate; submitted to suspensions and deprivations; when driven out of one diocese, took sanctuary in another, being afraid of incurring the guilt of schism; and were the chief writers against the Brownists.
[1593] A fresh effort was made to crush the non-conformists. XIIIA most obnoxious act was passed, for punishing all who refused to come to church, and every one who persuaded others to oppose the queen’s authority in ecclesiastic causes, or was present at any conventicle or meeting. The punishment was imprisonment without bail, till the convicted agreed to conform, and make a declaration of his conformity. In case the offender did not sign the declaration within three months, he was to abjure the realm, and go into perpetual banishment. If he departed not within the time limited, or returned afterward without the queen’s licence, he was to suffer death without benefit of clergy. By this act, the case of non-conformists was worse than that of felons at common law. The statute was levelled against the laity, no less than the clergy. The moderate Puritans evaded it, by going to church when prayers were nearly ended, and by receiving the sacrament when administered with some latitude. The weight of it fell upon the Brownists, whose sentiments had gained ground, so that they were increased to near twenty thousand, besides wives and children, according to the opinion of Sir Walter Raleigh, given in the house of commons, when the bill was read the second time and debated.[1]
Several were put to death about this period; which excited an odium against the bishops and high commissioners, who were universally known to have been at the bottom of the proceedings against them. It was resolved therefore to send the remainder of the imprisoned into banishment, instead of continuing to execute them. Others preferred a voluntary exile, rather than be exposed to the merciless persecutions that awaited them in their native country. Is it strange that these persons, thus forced or frightened out of it, for claiming and exercising the common right of human nature, that of judging for themselves in matters of religion, should at length think that their allegiance terminated with their departure; or that those who commiserated them, inclined to the same sentiment?
The parliament, especially the lower house, perceiving how the queen, and many of the bishops and ecclesiastics abused their spiritual power; what mischiefs they brought upon the church; and the miseries to which honest men were reduced for mere difference in religious sentiments, attempted repeatedly to regulate matters, and to redress the hardships of the non-conformists, but was stopped by her majesty, in the most dictatorial manner. Some of the members, roused by such unwarrantable acts of sovereignty, spake boldly and freely upon the occasion, and censured the arbitrary proceedings of the bishops. The queen added to her other faults, that of sending them to the XIVTower. But though she could awe the parliament, imprison its members, and protect her favorite bishops, she could not overpower the consciences of the non-conformists.
A number of religious people upon the borders of Nottinghamshire, Lincolnshire, and Yorkshire, having suffered persecution patiently for years, and searched the scriptures diligently, were at length fully of opinion, that the ceremonies of the English church were unlawful; that the lordly power of her prelates was contrary to the freedom of the gospel; and that her offices, courts and canons, had no warrant in the word of God; but were popish. They determined therefore to shake off that yoke of bondage, viz. human impositions, brought into the church by popish policy and power, against the superior law of Christ, the genius of his plain religion and christian liberty. They resolved [1602] as the Lord’s free people, “to join themselves by covenant into a church state; and, agreeable to present or future knowledge, to walk in all the ways of God, according to their best abilities, whatever it costs them.”[2]
The assembly [1606] owing to the distance of habitations, was obliged to form itself into two distinct religious societies; the one, with which is our concern, soon had for its pastor the famous Mr. John Robinson. The church kept together about a year; but being extremely harrassed by persecutors, concluded upon removing to Holland. The pious refugees repaired to and settled at Amsterdam; but after a while removed to Leyden; where they were highly respected, and would have been allowed some public favor, had it not been for fear of offending England. By hard and continued labor they obtained a living. The Dutch employed them before others, for their honest and exemplary behaviour; and readily trusted them when in want of money. Matters, however, were not altogether to their mind [1617] and some of the most sensible began to think of another removal. It was imagined, that if a better and easier place of living could be had, numbers would join them. The morals of the Dutch were too dissolute; and they were afraid that their offspring would become irreligious. Beside, they had an ardent, noble, and godly desire, of laying a foundation for spreading the religion of Jesus over the remote regions of the earth; and of handing down to future ages what they thought to be, the pure and unadulterated worship of the great Jehovah. They therefore directed their views to America. To those who objected—the length and danger of the voyage, the difficulties and calamities to which they should be exposed, the barbarities and treacheries of the Indians, and their inability to support the XVexpence—it was answered “The difficulties are not invincible, and may be overcome by fortitude and patience; the ends proposed are good and honorable; the calling lawful and urgent; the blessing of God may therefore be expected. We live but as exiles now, and are in a poor condition. The truce with the Spaniards is hastening to a close. Nothing but preparations for war are going forward. The Spaniards may be as cruel as the Savages; and famine and pestilence may be as sore in Holland as in America.”
After serious and solemn application to God for direction, they concluded on carrying the proposal of crossing the Atlantic into execution; endeavoring to live in a distinct body by themselves, under the general government of the Virginia company; and suing to his majesty, king James, for full liberty and freedom of conscience.
The Virginia company were ready to give them a patent, with as ample privileges as they could grant; but, notwithstanding the great interest made by gentlemen of the first character, and by the chief secretary of state, the king and bishops refused to allow the refugees (though at the distance of 3000 miles) liberty of conscience under the royal seal. All they could obtain from his majesty, was a promise that he would connive at, and not molest them, provided they carried themselves peaceably; but he would not tolerate them by his public authority. Upon this occasion, it was wisely observed, “If his majesty’s promise is no security, a further confirmation will be of little value, though it has a seal as broad as the house floor, it will not serve the turn, for there will be means enough found, when wanted, to recall or reverse it; and we must rest herein on God’s providence.” This reasoning and the hope of being placed beyond the reach of ecclesiastic courts, prevailed. They resolved to venture; and after long attendance, much cost and labor, obtained a patent.
They agreed that the minor part of younger and stronger men, with Mr. Brewster, an elder of the church, should go first, and that the pastor, Mr. Robinson, should remain behind with the majority, for a future favorable opportunity. Their enemies whispered, that the stats of Holland were weary of their company; but the reverse was evident from the following occurrence, viz. the magistrates of the city, when reproving the Walloons in open court, said, “These English have lived now ten years among us, and yet we never had any accusation against any of them, whereas your quarrels are continual.”
The colony destined for America, sailed from Delft-Haven for Southampton, July 22, 1620; and there met a ship having some English friends on board, who proposed removing with them. XVIBoth vessels proceeded to sea; but returned twice into port, on account of defects in the one from Delft, which was dismissed. Part of the company returned to London, the remainder betook themselves to the ship, and sailed from Plymouth the 6th of September. After many delays, difficulties and dangers, they made Cape Cod at break of day on the 9th of November, and entered the harbor on the 10th. They offered up their devout and ardent acknowledgments to God for his protection, and had thoughts of landing; but remarking that they were out of the limits of their patent, and in a sort reduced to a state of nature; and hearing some, who came from London, hint, there is now no authority over us; they, while on board, formed themselves into a civil body politic, under the crown of England, for the purpose of framing “just and equal laws, ordinances, acts, constitutions and offices,” to which they promised “all due submission and obedience.” This contract was subscribed by forty-one persons, on Saturday the 11th of November. The whole company of settlers, men, women, children, and servants, amounted to no more than one hundred and one, the exact number that left England—for one had died, but another was born upon the passage.
Enfeebled and sickly, we now behold them at the distance of 3000 miles, not only from their native country, but the hospitable land where they lately resided for years, when unfeeling persecution drove them into a voluntary banishment. They have a long and dreary winter before them, and are upon the strange coast of an uncultivated wilderness, without a relation or friend to welcome their arrival, or an house to shelter them; without even a kind inhabitant to comfort them by tender acts of humanity, much less a civilized town or city, from which succour may be obtained on an emergency. Thus circumstanced, they are employed in making discoveries till the 20th of December, when they concluded upon a place for immediate settlement, which they afterward name New-Plymouth, in grateful remembrance of the last town they left in their native country.
The winter proved remarkably mild[3] for the American climate, though excessively severe to an English constitution; and what with disorders brought upon them through uncommon labors and fatigues, and their being exposed to the rigors of the season; and what with the scurvy and other diseases occasioned by a tedious voyage, and the want of proper accommodations while making it, they buried by the end of March, 1621, forty-four of their little society, of whom one-and-twenty were subscribers to the contract. The number of their dead increased to fifty by the beginning of November, when, to their great joy a XVIIvessel arrived with thirty-five settlers from London. It was years before their plantation amounted to three hundred people; when nearly so, the council established at Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New-England, in America, granted them a patent, [Jan. 13, 1630] by which their lands were secured against all English claims.—Be it noted, that they early agreed with, and satisfied the Indian proprietors.
It would have been astonishing, had not these planters brought with them opinions favorable to liberty. The arbitrary proceedings of Elizabeth and James, produced a spirit of enquiry; and induced the sufferers and others to canvass the equity of those powers which were so improperly exercised. When the film of prejudice was removed, it was easy to discern that tyranny, whether in church or state, could not be vindicated by reason or revelation; and that Heaven’s permitting it, was no more a countenance to that, than any other wickedness. Beside, the Plymouthians had lived for many years among a people who had been engaged in a bloody war with a cruel unrelenting tyrant, whose sovereignty they had renounced. The frequent conversation that must have passed between the Dutch and English refugees, must have improved the attachment of the last to the cause of freedom. It might also have been hinted to them, that it began to be the sentiment of some English nobles and principal commoners, that in case of a removal to America, persons, without any charter from the crown, were at liberty to establish what form of government they pleased; and to set up a new state, as fully to all intents and purposes, as though they were making their first entrance into civil society.
No wonder then, especially considering the general equality prevailing among them, that the Plymouthians, by their contract before landing, formed themselves into a proper democracy, and that it was entered in the Plymouth records of [Nov. 15, 1636] “Finding, that as free born subjects of the state of England, we hither came with all and singular the privileges belonging to such; in the first place we think good, that it be established for an act, that, according to the [rights supposed to be wanting] and due privileges of the subjects aforesaid, no imposition, law or ordinance, be made or imposed upon them at present or to come, but such as shall be made and imposed by consent, acccording to the free liberties of free born subjects of the state and kingdom of England, and no otherwise.” They meant to continue their allegiance to the crown; to retain their connection with the mother country; to adopt the general laws of England for the XVIIIrule of government, wherein they suited; and to be governed by their own particular acts in other instances.
Persons devoted to church authority and particular national establishments, may exclaim against the Plymouthians for their religious sentiments; but a fair and brief statement of them, it is apprehended, will be thought the best defence that can be offered by those who candidly examine the New-Testament, and are properly impressed with the words of our Saviour—My kingdom is not of this world.
When Mr. Robinson and his associates separated from the church of England, they were rigid Brownists. After his removal to Holland, and there conversing with learned divines, he being a gentleman of a liberal mind and good disposition, became moderate, as did his people; so that they who continued rigid Brownists would hardly hold communion with them. Mr. Robinson and his society did not require of those who joined them, a renunciation of the church of England. They also acknowledged the other reformed churches for true and genuine; allowed their own members occasional communion with them in the word preached and in the prayers conceived by the preacher before and after sermon, but not in the sacraments and discipline; and admitted their members, known to them to be pious, to occasional communion with themselves in the sacraments. Still it is to be remarked, that they were not admitted because of their being members of such churches, but on account of their known piety; their belonging to and continuing in such churches, was not an argument for rejecting them; nor was it the argument for their reception. Mr. Robinson, however, by his conversation and writings, proved a principal in ruining Brownism; and, in the opinion of some was the father, of others the restorer, of the independent or congregational churches. Congregational is the term used in New-England, the other is discarded, as seeming to imply too great a separation from sister churches.
The Plymouthians held, that the Bible was the sole religious code of protestants; and that every man had a right to judge for himself, and to try all doctrines by it, and to worship according to what he apprehended that directed. In doctrinal tenets they agreed with the articles of the church of England. The main difference between them and other reformed churches was about hierarchy. They maintained, that no particular church ought to consist of more persons than could worship in one congregation; that every man ought, in appearance, to be a true believer in Christ, and subject to his authority; that when there was a suitable number of such believers, who thought themselves bound in conscience to do it, they had a right to embody into a XIXchurch, by some certain contract or covenant, expressed or implied; and that, being embodied, they were to choose all their officers, who were pastors or teaching elders, mere ruling elders, meant to assist the former, and qualified to teach occasionally, and deacons who were to manage the temporalities of the church, to take care of the poor, and to officiate at the Lord’s table, by providing the bread and wine, laying the cloth, carrying the elements, &c. [The custom of having ruling elders has now ceased.] The elders of both kinds were to form the presbytery of overseers and rulers. They also held, that no churches or church officers, had any power over other churches or officers, to control or impose upon them, all having equal rights and privileges. Their own officers were removable by them upon justifiable reasons; in case of capital errors, gross misconduct, and the like. When they baptised, they rejected the sign of the cross, and other ceremonies not enjoined by scripture. They received the elements of the Lord’s supper, in the table-posture of the day and place in which they lived. Excommunication they deemed to be wholly spiritual; and denied that the church or its officers had any authority to inflict temporal pains and penalties. They considered no days as holy, but the Lord’s day, which they observed with great strictness. Solemn fastings and thanksgivings, as the aspects of providence required, they had a pious regard to, as agreeable to both natural and revealed religion.
A better sort of emigrants never crossed the Atlantic. “They were a plain, frugal, industrious, conscientious, and loving people; and, for the day in which they lived, and considering their education, possessed a good share of politeness. The important light in which they viewed morality, led them, in many instances to such critical exactness as would be deemed by the moderns ridiculous; from thence, however, the community derived substantial benefits. They have been stigmatized as enthusiasts; but nothing like enthusiasm is to be met with in the records of any of their transactions, either civil or ecclesiastic. Their piety indeed was eminent and fervent, but it was also rational; and their religion was that of the Bible, and had a proper influence upon their conduct.”
The Plymouthians having cleared the way for other sufferers to settle in America, with less difficulty and danger than what they had experienced; the fame of their plantation spreading through the western parts of England; and the government in church and state growing more and more oppressive; the territory of the Massachusetts-Bay was purchased of the Plymouth Council [1628] and a company soon formed, who consulted XXon settling a plantation, to which non-conforming puritans might emigrate in order to enjoy their own principles in full security. Their sufferings had been moderated for a few years before Elizabeth’s death. The queen was far advanced in life; the next heir to the crown was a presbyterian, who had subscribed to the Scotch national covenant, and, with hands uplifted to Heaven, had pronounced, “The Scotch kirk is the purest in the world, and the service of the kirk of England an evil said mass in English, that wants nothing of the mass but the liftings;” he had interceded for some of the persecuted ministers; and the bishops were cautious of acting against a party for whom king James had declared; but upon his ascending the throne, the fears of the high-churchmen and the hopes of the non-conformists were soon ended. It was not long before the king became in the church a furious persecutor of the non-conformists, and in the state as errant a despot as his cowardice would allow. In stigmatizing for puritans, all who stood by the laws of the land, and opposed his arbitrary government, though strenuous churchmen, he strengthened the cause of the church puritans; the former, called by way of distinction state-puritans, joining the latter, both together became at length the majority of the nation.
Still the times were not mended; and the death of James made way for their becoming much worse. King Charles unfortunately took for his bosom-counsellor in religious affairs, bishop Laud, the most unqualified person for the purpose, of any to be found in his three kingdoms; he also resigned himself up to arbitrary councils.
The lowering prospect thickened apace; the Massachusetts company therefore provided a safe retreat in season. They applied immediately to the improvement of their purchased territory; and sent out capt. John Endicott and others, with servants, to begin a plantation; who arrived at (what is now named) Salem. They soon after petitioned for a royal charter, hoping that their existence and powers would be thereby secured and promoted. They succceeded, and a charter of incorporation was granted, [March 4, 1629] making them a body politic, by the name of “The Governor and Company of the Massachusetts-Bay in New-England,” with as full powers as any other corporation in the realm of England. The grant and sale of the Plymouth Council was confirmed. Till the annual election by the company could commence, the governor, deputy-governor, and eighteen assistants were specified. The mode of governing, and of admitting freemen, was prescribed. They were empowered to elect and constitute such other officers as might be thought XXIrequisite for the managing of their affairs, and to make laws and ordinances, not contrary to the laws and statutes of the realm, for the good of the said company and the government of their lands and plantations, and the inhabitants thereof. They were allowed to transport persons, whether subjects or strangers, weapons, merchandize, &c. any law to the contrary notwithstanding—such was the dispensing power the king assumed. He also exempted them from paying custom or subsidy for seven years; the governor and company, their factors and assigns, were to pay neither that nor any taxes IN New-England for the same space. All were freed from duties upon goods imported or exported for 21 years, except the old 5 per cent. custom upon imports after the expiration of the seven years. All his majesty’s subjects going to and inhabiting the company’s lands, together with their children, were to enjoy all the liberties of free and natural subjects within any of his dominions, the same as though born in England. The king could mean only, that, by removing to and residing in the Massachusetts, they should not forfeit for themselves or children the privileges of Englishmen, and be treated as foreigners; and not, that they should be governed by laws and officers of their own making or choosing, personally or by representation; for they were evidently distinguished from the governor and company (of whom it appears to be supposed, that they were to remain in England) as these were authorized to administer the oaths of supremacy and allegiance to all and every person or persons, who should hereafter go to inhabit the lands and premises of the company. Beside, the governor and company were entrusted with the power of making laws, ordinances, &c. not contrary to the laws of England; of settling the government and magistracy of the plantation; and its inhabitants; of naming all the officers; and of setting forth their several duties, powers and limits; and the king commanded that all such laws, ordinances, &c. should be published, in writing, under the common seal of the company, and thereupon be carefully observed and put into execution, according to their true meaning. The charter[4] does not once mention liberty of conscience or toleration; tho’ one[5] historian has inadvertently advanced, that “free liberty of conscience was likewise granted to all who should settle in the Massachusetts-Bay, to worship God in their own way;” and another[6], “the charter granted toleration to all christians, except papists.” The assertions apply only to the charter granted by king William and queen Mary.
XXII[April 30, 1629.] The company, in the exercise of their chartered powers, determined that a governor and council of twelve, residing on the plantations, should have the sole ordering of its affairs and government. They appointed Captain Endicott governor, and seven gentlemen going from England to be counsellors, and directed how the other five should be elected, together with a deputy-governor and secratary.
Messrs. Higginson, Skelton, Bright, John and Samuel Browne were of the seven counsellors nominated by the company. The three first, being ministers, had declared themselves to be of one judgment, and to be fully agreed on the manner how to exercise their ministry. The company’s committee in the letter to governor Endicott, expressed good hopes on account of it; and at the same time recommended Messrs. John and Samuel Browne as men who they much respected, being fully persuaded of their sincere affections to the good of the plantation.[7] The ministers and passengers coming to settle in it were episcopally inclined when they left England, though they could not conform to many ceremonies and customs, nor submit to what they judged different corruptions, imposed upon their consciences by the king and prelates. They were also strongly prejudiced against the separatists in which class the Plymouthians were numbered. But long before they arrived, or even sailed, a Dr. Fuller, a deacon of the church at Plymouth, and well versed in its discipline, having been sent for, on account of a fatal sickness which broke out among the emigrants after their arrival at Salem, had, by his conversation with Captain Endicott, taken off the ill effect of common report, and brought him to think favorably of the outward form of worship espoused by the Plymouthians. The influence of the doctor’s intercourse with the Salem settlers cannot be thought to have been confined to the Captain. When the business of organizing a church was brought forward after the arrival of the consellors, the matter was frequently canvassed, and at length it was determined to form it, nearly upon the plan of the one at Plymouth; and to invite the latter to be present by their messengers, at the solemn ordination of the ministers Messrs. Skelton and Higginson, [August 6.] Notwithstanding cross winds the Plymouth messengers were time enough to give the right hand of fellowship, by which ceremony the two churches professed mutual affection and communion.
Probably none of the newly arrived settlers had the least idea of such ecclesiastic proceedings, when they left England; but thought very differently. Some continued to do so; for Mr. Bright, disagreeing in judgment from the other ministers, removed XXIIIto a distance before their ordination; and Messrs. John and Samuel Browne, dissatisfied with the proceedings of the society, separated with several who were like minded, and set up another. Governor Endicott, being of a hot temper, and not possessed of the greatest prudence, summoned the brothers before him as ringleaders of a faction; and apprehending that their conversation and conduct would occasion divisions, sent them back to England, against their own inclination notwithstanding their being counsellors, thinking himself justified by his public orders.
Let us return to the company in England.
[July 28.] Mr. Matthew Craddock, the governor, proposed at the general court, that, for the advancement of the plantation, the encouragement of persons of worth and quality to transplant themselves and families, and other weighty reasons, the government of the plantation should be transferred to its inhabitants, and not be continued in subordination to the company at London. The matter was debated; and it was agreed, that the persons present should seriously consider the business against the next general court; it was also requested, that they would in the mean while, conduct with that privacy, that the affair might not be divulged. At a month’s end they met, and consented that the government and patent should be settled in New-England, if it could be done legally. They soon after received letters respecting the difference between governor Endicott and Messrs. John and Samuel Browne; and fearing that these two had in their private letters defamed the plantation, they opened and read a number of them, and ordered that none from Mr. Samuel Browne should be delivered; however, upon application from the brothers, they directed that they should have a copy of the accusation sent against them from New-England. The company’s letter upon this business one to Messrs. Skelton and Higginson, and another to governor Endicott, intimated, that there had been in the parties addressed a degree of intemperance; that direct or oblique espersions had been thrown out against the state; and that undigested counsels had been too suddenly put into execution. They besides expressed an apprehension, lest, through an ill construction, the same might make the company obnoxious to any adversary.[8]
The difference that happened in the plantation, the treatment of the Brownes, and the reports circulated by them, undoubtedly occasioned much talk. Many would think it strange, that, while the charter was totally silent upon the head of religion, and several of the grantees and company though strongly opposed to XXIVthe tyrannies of the high-churchmen, were real episcopalians; persons of this profession should be debarred the right of worshiping according to their own judgment and consience, and be even expelled the plantation. These occurrences most probably forwarded the plan of Mr. Craddock. The advice of learned council was ordered to be taken, and it was considered how to execute the projected removal without offending government.
Among the other weighty reasons which induced them to remove, we must include the hope of getting beyond the reach of Laud and the high commissoned court: for the Massachusetts general court declared in 1651, “That seeing just cause to fear the persecution of the then Bishop and high commission, for not conforming to the ceremonies, they thought it their safest course to get to this outside of the world (America) out of their view, and beyond their reach.
[October 20.] The company, at a general court, proceeded to a new election of officers, who were to repair to and settle in New-England. They chose for governor John Winthrop, esq. of Groton, in Suffolk, a gentleman well known for his piety, liberality, wisdom and gravity. The business of transferring the patent and corporation, and of taking over new settlers, was prosecuted with vigor. The enterprise produced a general rumour, as its extent and magnitude, the number and principles of the person engaging in it, opened upon the public. The intentions of the parties being suspected, and jealousies arising concerning them, governor Winthrop and other gentlemen, to remove prejudices, conciliate the minds of the disaffected, and recommend themselves and their expedition to the favourable regards of all serious christians of the episcopal persuasion, addressed their brethren in and of the church of England, [April 7, 1630.] and afterwards sailed from Yarmouth in the isle of Wight, for America. The signers of the address, pray in the most solemn manner to be considered as their brethren, and desire it to be noted, that the principals and body of their company esteem it their honour to call the church of England their dear mother. They acknowledge, that such hope and part as they have obtained in the common salvation, they have received in her bosom, and sucked from her breasts. They declare themselves members of her body, and that, while they have breath, they shall sincerely endeavour her welfare. They pronounce themselves a church springing out of her own bowels. Their professions are made in the strongest language.[9]
[June 12.] The company arrived at Salem; and soon were in number more than fifteen hundred persons from different XXVcounties in England. Thy applyed themselves early to the forming of churches; but, the Rev. Mr. Cotton (who come from Boston in Lincolnshire to take leave of his departing friends at Southampton) having told them to advise with the Plymouthians and to do nothing to offend them, and a precedent existing in the church at Salem, they dismissed all the peculiarities of episcopacy, and preferred the congregational mode in general. However, they had no settled plan of church-discipline till after the arrival of Mr. Cotton, [1633.] who was considerd as a kind of oracle in both civil and sacred matters, and gradually moulded all their church administrations, and thus determined the ecclesiastic constitution of the colony; therein verifying what Mr. Robinson had judiciously predicted, when he said “Many of those who have both wrote and preached against me and my people, were they in a place where they could have liberty and live comfortably, should do as we do.”[10]
Governor Winthrop inserted in his manuscript history, a couple of anecdotes, of an earlier date than Mr. Cotton’s arrival, which may amuse you. “July 30, 1631, Mr. Ludlow, in digging the foundation of his house at Dorchester, found two pieces of French money, one was coined 1596. They were in several places, above a foot within the firm ground.” “June 13, 1632, At Watertown there was in the view of divers witnesses, a great combat between a mouse and snake; and after a long fight, the mouse prevailed and killed the snake.” The minister of Boston, Mr Wilson a very sincere holy man, gives this interpretation—“The snake is the devil, the mouse is a poor contemptable people whom God has brought hither, and who shall overcome Satan here, and dispossess him of his kingdom.” “At the same time he told the governor, that before he resolved to come into the country, he dreamed that he was here, and saw a church arise out of the earth, which grew up and became a marvellous goodly church.” He might think his dream divine; but it is easily accounted for as a common event, arising with the church-building out of a lively imagination, warmed and directed by a preponderating inclination. If, instead of interpreting the combat, he had only mentioned, that the event suggested to him such thoughts, and such an improvement, he would have evidenced more judgment and an equal degree of wisdom in seizing the happy circumstance.
The colony increased apace, by frequent and numerous accessions. But “it appears by private letters, that the departure of so many of the best, both ministers and private christians, did breed sad thoughts in those behind of the Lord’s intention in XXVIthe work, and an apprehension of some evil days to come upon England; yea, it began to be viewed by the council as a matter of state, so that warrants were sent to stay the ships, and to call in the patent; but, upon the petition of the ship-masters, alledging how beneficial the plantation was, they were released: Mr. Craddock, however, had strict charge to deliver in the pattent, and wrote to the company to send it home upon receipt of his letter. [July, 1634.] The governor and assistants consulted about it, and resolved to answer Mr. Craddock, but not to return any answer or excuse to the council for the present[11].”
On the death of the duke of Buckingham, Laud became the king’s prime minister in all affairs of both church and state; and on the death of Archbishop Abbot, he was exalted to the see of Canterbury. Possessed of such powers, he by his pliant tools made havock of the church, hauling and committing to prison conscientious ministers and laymen who would not bend to his antiscriptural impositions so that the people were scattered abroad and passed over the Atlantic into America. The daily inroads of the court on the civil rights of the subject, helped forward the emigration.
From the beginning of the colony, until the emigration ceased through a change of affairs in England, [1640.] there arrived in 298 vessels about 21200 settlers (men, women and children) or 4000 families, but they did not all confine themselves to the Massachusetts. Notwithstanding the numbers that repaired thither when Josselyn visited Boston, in 1638, “he found it rather a village than a town, there being not above 20 or 30 houses.” These settlers were no less strenuous for their own particular rights and previleges than the Plymouthians. When the governor and company removed from London to the Massachusetts they renounced the appearance of a corporation, and assumed the form of a commonwealth, varying, as it suited them, from the directions of the charter. The change of place and circumstances prevented their keeping to it in certain instances, tho’ not in others; but they could easily satisfy themselves as to any violations; for “they apprehended themselves subject to no other laws or rules of government, than what arose from natural reason and the principles of equity, except any positive rules from the word of God[12].” Persons of influence among them held, that birth was no necessary cause of subjection; for that the subject of any prince or state, had a natural right to remove to any other state or quarter of the world, when deprived of liberty of conscience; and that upon such removal his subjection ceased. They called their own a voluntary civil subjection, XXVIIarising merely from a mutual compact between them and the king, founded upon the charter. By this compact they acknowledged themselves bound; so that they could not be subject to or seek protection from any other prince, neither could make laws repugnant to those of England, &c. but, on the other hand, they maintained, that they were to be governed by laws made by themselves, and by officers of their own electing[13]. They meant to be independent of English parliaments; and therefore when their intimate friends were become leading members in the house of commons, and they were advised, on account of the great liberty to which king Charles left the parliament, to send over some to solicit for them, and had hopes given that they might obtain much, the governor and assistants, after meeting in council upon the occasion, “declined the motion, for this consideration, that, if they should put themselves under the protection of the parliament, they must then be subject to all such laws as they should make, or at least such as they might impose upon them, in which course, (though they should intend their good, yet) it might prove very prejudicial to them[14].”
Whatever approbation such sentiments may meet with from the friends of liberty, these must regret the inconsistencies to which human nature is subject, in those very persons whose experience should have taught them, to do unto others, as they would that others should have done unto them, when they themselves were suffering under the relentless hand of arbitrary government. But, what is man! [May 18, 1631.] So early as the second general court after the arrival of the governor and company, instead of resolving to admit all the suitable and deserving, to a generous participation of their freedon, they passed the pernicious and disingenuous order, “For time to come no man shall be admitted to the freedom of this body politic, but such as are members of some of the churches, within the limits of the same[15].” They soon after concluded, that none but such should share in the administration of civil government, or have a voice in any election. Thus a powerful and mischievous alliance was formed between the churches and the state. The ascendency of the clergy was secured and much increased; for no one could be proposed to the church for a member, unless the minister allowed it. The ministers were consulted by the general court, in all matter of great moment; and nothing was determined in such cases, without a formal reference to them; XXVIIIwho, of course, used their influence with the people to procure an approbation of the measures which they themselves had advised[16];
[May, 1634.] Instead of the freemen’s appearing personally in the general court, they for the first time sent deputies, to the number of twenty-four. This was a variation from the charter which gave no power to admit representatives. These with the governor, deputy-governor, and assistants, formed the legislature of the colony, met and voted together in one apartment till March 1644, when it was ordained, that the governor and assistants, should sit apart: and thus commenced the house of representatives, as a distinct body.
The general court assumed spiritual jurisdiction. Being church members, they might suppose they represented the churches no less than the colony. [March 8, 1636.] They would approve of no churches, after a certain period, unless they had the approbation of the magistrates and elders of most of the churches within the colony; nor would admit to freedom any of their members. They pressed colonial uniformity in religion, till they became persecutors[17]. Whatever apology may be made for the treatment given to episcopalians, baptists and quakers, the colony cannot be cleared from the charge of persecuting: that however will not justify those who persecute with reproaches and ill-will the present generation, now reprobating the intolerance of their forefathers, which at that period was, more or less, the stain of most religious parties. “It was not peculiar to the Massachusetts people to think themselves bound in conscience to use the sword of the civil magistrate to convince, or cut off heretics, so that they might not infect the church, or injure the public peace[18].” The true grounds of liberty of conscience, were not then known or embraced by many sects of christians. But remember, that the Massachusetts-Bay now surpasses the mother country, in its regard for the sacred and civil rights of mankind. It not only exempts those of other denominations from paying to the support of its own colonial establishments, the congregational churches; and has been a great number of years in this laudable practice; but it protects all protestants without requiring any qualifying subscriptions or tests, and excludes none by partial laws from the exercise of civil power.
The government was in divers respects absolute. Both magistrates and general court often judged and punished, in a summary way, without a jury, according to discretion, as occasions XXIXoccurred. It was four years before it was enacted or ordered, that no trial should pass upon any for life or banishment, but by a jury of freemen: and within three years after, [1637.] that law was violated even by the general court. They exercised, while sitting, legislative, judicial and executive powers—a practice which must ever be dangerous to the rights of a people, even when allowed to their own annual representatives.
The country at length grew uneasy at these proceedings; were suspicious that the general court had effected arbitrary government; and earnestly expected a body of laws to aid and protect them in all their just rights and previleges[19]. It was the more necessary to comply with the prevailing expectation, for the business had been long in agitation: not only so, but a great majority of the inhabitants were not freemen not being members of the congregational churches, or declining to take up their freedom, in order to secure an exemption from serving in civil offices. It was not till 1648 that the body of laws was digested and printed.
The conduct of the colony on the one hand, and the inveteracy of the English administration on the other, would certainly have produced a revocation of the charter, and probably the ruin of the plantation, had not the disturbances in England prevented. It became a favorite upon the change that followed them; and while Oliver Cromwell ruled, met with the utmost indulgence. From 1640 to 1660 it approached very near to an independent commonwealth[20]. The house of commons in a memorable resolve of the 10th of March 1642, passed in favour of it, gives New-England the title of kingdom[21]. The commissioners for New-England, sent over by king Charles II. assert in their narrative[22], that the colony solicited Cromwell to be declared a free state, which is not unlikely.
It has been already mentioned, that all the persons passing over to the Massachusetts did not confine themselves to that colony.
[1635.] Several families removed to Connecticut river, by mutual agreement with their fellow emigrants that remained behind. Plantations were formed at Hartford, Windsor and Weathersfield. The inhabitants being soon after fully satisfied, that they were out of the Massachusetts limits, and of course jurisdiction, entered into a combination among themselves, [1639.] became a body politic, without restraining the freedom of their civil government to the membership of their churches; and proceeded to the choice of magistrates and representatives. XXXBy the articles of government, it was determined that there should be annually two general courts; and that no person should be chosen governor more than once in two years. But it must be observed, that the same year, in which the families removed from the Massachusetts, Lords Say and Brooke, with other gentlemen, having obtained a grant, John Winthrop, esq. was appointed governor, took possission of Connecticut river, and began to erect a fort (which he called Say-Brooke) to secure the mouth of it. He was supplied with men, provisions, and all things necessary by a vessel from England, sent by the grantees, which arrived the latter end of November. Some of the grantees had in contemplation to transport themselves, families and effects, to the territory they had obtained; but the design of emigrating was laid aside, when matters began to take a new turn in their native country; and at length the agent Mr. Fenwick, was authorized to dispose of their lands, which were purchased, in 1644, by the people who had removed from the Massachusetts.
[1637.] Two large ships arrived at the Massachusetts-Bay with passengers from London. Great pains were taken to prevail upon them to remain in the colony; but they hoped by removing to a considerable distance, to be out of the reach of a general governor, with whom the country was then threatened. They sent to their friends in Connecticut to purchase of the natives the lands laying between them and Hudson’s river. They laid the foundation of a flourishing colony, of which New-Haven was the capital. They, as Connecticut, formed a government, much like the Massachusetts, by a voluntary agreement, without any charter, or commission, or authority whatsoever, from the crown or other powers in England. They admitted no one to any office civil or military, or to have a voice in any election, except he was a member of one of the churches in New-England. They had no jury either in civil or criminal cases.
Connecticut and New-Haven continued two distinct colonies for many years. At length the general court of Connecticut determined to prefer an address and petition to Charles II. professing their subjection and loyalty to his majesty, and soliciting a royal charter; and John Winthrop, esq. who had been chosen governor, was appointed to negociate the affair with the king. He succeeded, and a royal charter was obtained, April 23, 1662, constituting the two colonies forever one body corporate and politic. New-Haven took the affair ill; and for some time declined the union. But difficulties were amicably settled at last, and the colonies united by agreement. [1665.]
XXXIThe royal charter established a pure democracy. Every power, as well deliberative as active, was invested in the freemen of the corporation or their delegates, and the colony was under no obligation to communicate the acts of their local legislature to the king. It was the same as to the royal charter, granted the next year to Rhode-Island and Providence Plantations.[23]
[1685.] In July various articles of high misdemeanor were exhibited against the governor and company of Connecticut, and orders were given to issue a writ of quo warranto forthwith against the colony. The next year two writs were served by Mr. Randolph; and after them a third in December. This is taken notice of by the governor and company in their letter of Jan. 26, 1686–7, wherein they mention their readiness to submit to his majesty’s royal commands; and that, “if it be to conjoin them with the other colonies and provinces under Sir Edmund Andros, it would be more pleasing than to be joined with any other province.” Such professed submission probably prevented the quo warranto’s being prosecuted with effect; and produced an order to Andros to accept the surrender of the charter and the submission of the colony. Sir Edmond went to Hartford in October; but when at night he expected the charter would have been surrendered into his hands, the candle was blown out, and the charter withdrawn from the table, carried off and secreted by one of the company: whose extraordinary service was afterwards rewarded by the general assembly with five shillings, agreeable to the plain simple manners of the people. He however published in the general court his orders and commission which every one tacitly obeyed. He dissolved the former government, and assumed the administration, receiving into his legislative council the late governor and secretary, for the better carrying on the business of the colony. The subsequent revolution in England brought matters back, after a while to the former course; as the legal validity of the charter was admitted.
The peopling of these three last colonies was owing chiefly to the Puritan Ministers, who, being silenced at home, repaired to New-England, that they might enjoy liberty of conscience; and drew after them vast numbers of their friends and favorers. They amounted to seventy-seven before 1641; and though all were not person of the greatets learning and abilities, they had a better share of each than most of sheir neighbouring clergy at that period; and were men of eminent soberiety and virtue, XXXIIplain, serious, affectionate preachers, exactly conformable to the doctrines of the church of England, and laboured much to promate a reformation of manners in their several parishes.—Many planters who accompained or followed them, were gentlemen of considerable fortunes and of no mean education, who spent their estates in New-England, and were at the charge of bringing over many poor families, that were not able of themselves to bear the expence.[24] The body of laity and clergy, collectively considered, furnishes such a glorious constellation of characters, as would employ the pen of a first-rate writer to do them justice; notwithstanding what has been above remarked of their governmental mistake.
The dangers to which the New-England colonies were early exposed, induced them to think of confederating for their mutual safety. Articles were drawn up in 1638; but they were not finished and ratified till the seventh of September 1643; from which time we are to look upon Plymouth, Massachusetts, Connecticut and New-Haven as one body, in regard to all public transactions with their neighbours, though the private affairs of each colony were still managed by their own courts and magistrates.
Pass we on to the settlement of the other New-England colonies.
Mr. Roger Williams, who succeeded Mr. Skelton, upon his decease, as pastor of the church at Salem, being banished from the Massachusetts, repaired with twelve companions to the Narraganset country, [1635] and had land given him by the Indian Sachem Canonicus; of whom he afterwards purchased the large tract, lying between Pawtucket and Pawtuxet rivers (the great falls and the little falls, as the Indian names signify,) and stiled it Providence “from a sense of God’s merciful providence to him in his distress.” The authority and power of Miantonomy, another Sachem, and his uncle Canonicus, awed all the Indians round to assist him and his few associates. When the determinations of the Massachusetts general court (occasioned, by what they called antinomian disputes) banished many, and induced others to leave the colony, the heads of the party were entertained in a friendly manner by Mr. Williams; [1638.] who advised them to seek a settlement on Rhode-Island, and was very instrumental in procuring it of the Indian Sachems.
They, to the number of eighteen, incorporated themselves, and began settling the island. The plantations there and at Providence increased apace, owing to the liberel sentiments of the first settlers; and in 1643 Mr. Williams went to England as agent, XXXIIIand obtained [March 16, 1644.] “a free and absolute charter of incorporation of Providence and Rhode-Island Plantations, empowering them to rule themselves, by that form they might voluntarily agree upon.” They agreed upon a democratic. Mr. Williams justly claims the honor of having been the first legislator in the world, in its latter ages, who effectually provided for, and established a free, full, and absolute liberty of conscience. This was the chief cause that united the inhabitants of Rhode-Island and those of Providence, and made them one people, and one colony. The foundation principle on which this colony was first settled, was, that “every man who submits peaceably to the civil authority, may peaceably worship God according to the dictates of his own conscience without molestation.” When the colony was applied to in 1656 by the four United Colonies “to join them in taking effectual methods to suppress the quakers, and prevent their pernicious doctrines being propagated in the country; the assembly returned for answer “We shall strictly adhere to the foundation principle on which this colony was first settled.”
[July 8, 1663.] King Charles II. granted an ample charter, whereby the colony was made a body corporate and politic, by the name of the Governor and Company of the English colony of Rhode-Island and Providence Plantations, in New-England, in America. The charter reserved only allegiance to the king without the smallest share of the legislative or executive powers.
[1685.] A writ of quo warranto was issued out against the colony, which was brought June 26, 1686. The assembly determined not to stand suit. After the revolution, they were allowed by government to resume their charter, no judgment having been given against it.
New-Hampshire and the Main were settled about the same time with the Massachusetts, by different proprietors who had obtained patents, and whose views were to enrich themselves, by the fishing trade at sea, and the beaver trade ashore. Religion had little concern in the settlements; but it had some in the plantation of Exeter, on the river Pascataqua; which was began by Mr. Wheelwright (a minister banished from the Massachusetts, on account of the antinomian dissensions with which the colony was convulsed) and by a number of his adherents. They formed themselves into a body politic. Three other distinct governments were also established on the branches of the said river. These governments, being altogether voluntary, had no security as to their continuance; and the several settlers were too divided in opinion to form any good general plan of permanent administration. Therefore the more considerate among them treated XXXIVwith the Massachusetts, about taking them under its protection; which fully suited the wishes of that colony, as it afforded the heads of it the opportunity of realizing the construction they had put upon a clause of this charter, by which they extended their line, so as to comprehend both New-Hampshire and the Main. The business terminated in the incorporation of the two colonies, on condition that the inhabitants of each should enjoy equal privileges. They continued long united, and were of one heart and mind in civil and religious affairs.[25] When separated by the king’s commission for the government of New-Hampshire, the new assembly at their first meeting, in a letter of March 25, 1680, to the governor of the Massachusetts, to be communicated to the general court, expressed their full satisfaction in the past connection; grateful sense of the care that had been exercised over them; and of their having been well governed; and an unfeigned desire, that a mutual correspondence between them might be settled.[26]
The towns in the province of Main, after a time, fell into a state of confusion. The Massachusetts took that opportunity, for encouraging the disposition which prevailed in many of the inhabitants to submit to their jurisdiction; and, to forward their compliance, granted the people larger privileges than were enjoyed by their own; for they were all freemen upon taking the oath, whereas every where else no one could be made free, unless he was a church member. The province was made a county, by the name of Yorkshire; and the towns sent representatives to the general court at Boston. Though the major part of the inhabitants were brought to consent to this regulation, great opposition was made by some principal persons, who severely reproached the Massachusetts, for using force in order to reduce the province: but the people experienced the benefit of it, and were contented. They continued in union with the Massachusetts until 1665, when a short separation commenced.
You have now a sketch of the settlement of all New-England. It would have been far more concise, had it not been necessary, to correct the mistakes frequently committed, by those who publish on the subject; and to remove the reproaches cast upon the bulk of the inhabitants, on account of their religious profession. Whether there was any material difference between them and the other colonies, in regard to the opinion they entertained of their civil rights, you will be able to observe in the course of your reading. Their judgment in respect to the exercise of parliamentary powers over them, may be further known by what XXXVRandolph wrote concerning the Massachusetts, in his narrative and letters, after the restoration; from whence “it seems to have been a general opinion that acts of parliament had no other force than what they derived from acts passed by the general court to establish or confirm them.”
[1676.] Randolph declared, “No law is in force or esteem there, but such as are made by the general court; and therefore it is accounted a breach of their privileges, and a betraying the liberties of the commonwealth to urge the observation of the laws of England.”—“No oath shall be urged, or required to be taken by any person, but such oath as the general court hath considered, allowed and required.”—“there is no notice taken of the act of navigation, plantation, or any other laws made in England for the regulation of trade.”—“All nations have free liberty to come into their ports, and vend their commodities without any restraint; in this as well as in other things, that government would make the world believe they are a free state, and do act in all matters accordingly.”—“The magistrates have continually disobeyed his majesty’s command in his royal letters, of 1662, 64, 65, and those of March last; ever reserving to themselves a power to alter, evade and disannul any law or command not agreeing with their humour, or the absolute authority of their government, acknowledging no superior.”—” He (the governor) freely declared to me, that the laws made by your majesty and your parliament obligeth them in nothing, but what consists with the interest of the colony; that the legislative power is and abides in them solely.[27]
The Massachusetts general court, in a letter to their agents, mentioned, that not being represented in parliament, they looked not upon themselves to be impeded in their trade by the acts of trade and navigation, and that these could not be observed by his majesty’s subjects in Massachusetts without invading their liberties and properties, until the general court made provision therein by a law, which they did in October. Notwithstanding such law, and a subsequent order, Feb. 15, 1681, “that the act of navigation and the act for the encouragement of trade, be published in Boston by beat of drum, and all clauses in said acts relating to the plantation be strictly observed.” Randolph complained to the commissioners of the customs in England, because of their not being duly observed. When the people found themselves in danger of a quo warranto, they agreed upon such XXXVIemendations of their acts of trade, as to make them accord in all things with the laws of England. But it was too late. A quo warranto was sent them, and brought by Randolph, Nov. 3, 1683; and the next year a writ of scire ficias was prosecuted in the court of chancery against the governor and company, and judgment given, that the charter should be annihilated. Considering the temper of Charles II. it is rather matter of astonishment, that the sentiments and conduct of the Massachusetts government did not provoke him to vacate the charter much sooner. However mortifying, yet it would have been more prudent, to have declined contending with the king, when they knew that they must be vanquished, than virtually to bid him defiance. Such submission might not have saved them from the arbitrary government that followed, but could have been of no disservice, had there not been a subsequent revolution: that event taking place, it would have been extremely beneficial. They might have been allowed to resume their charter, nearly, if not wholly.
Before we proceed to the southward, let it be noted, that in 1672, the English parliament enacted by law, “That if any vessel, which by law may trade in the plantations, shall take on board any enumerated commodities, and a bond shall not have been given with sufficient security to unlade them in England, there shall be rendered to his majesty, for sugars, tobacco, ginger, cocoa nut, indigo, logwood, fustic, cotton wool, the several duties mentioned in the law, to be paid in such places in the plantations, and to such officers as shall be appointed to collect the same: and for their better collection, it is enactad, that the whole business shall be managed, and the imposts be levied by officers appointed by the commissioners of the customs in England.” This is the first act that imposed customs on the colonies alone, to be regularly collected by colonial revenue officers. But the best affected colonies, Barbadoes, Virginia and Maryland, considering the laws of trade either as inconsistent with their privileges, or destructive to their infant commerce, hesitated to obey, or elude the provisions of the laws; and trafficked without restraint, wherever hope of gain directed their navigators. Charles II. reprimanded them, and his successors gave standing instructions upon the head, but without effect.[28]
Governor Nicholson of Maryland wrote to the board of trade, August 16, 1698, “I have observed that a great many people in all these provinces and colonies, especially in those under proprietaries, and the two others under Connecticut and Rhode-Island, XXXVIIthink that no law of England ought to be in force and binding to them without their own consent; for they foolishly say, they have no representatives sent from themselves to the parliament of England; and they look upon all laws made in England, that put any restraint upon them, to be great hardships.” These were the colonial sentiments two years after passing the famous declaratory act of Willian and Mary, which you will find mentioned below. Molyneux’s Case of Ireland, asserting openly the same doctrines, was first published in February, 1697–8.
The colony of New-York demands our next attention. The Dutch had settled, and named it the New-Netherlands. Charles II. resolved upon its conquest in 1664, and in March granted to his brother the Duke of York, the region extending from the western banks of Connecticut to the eastern shore of the Delaware, together with Long-Island, conferring on him the civil and military powers of government. Colonel Nichols was sent with four frigates and three hundred soldiers to effect the business. The Dutch governor being unable to make resistance, the New-Netherlands submitted to the English crown, in September, without any other change than of rulers. Few of the Dutch removed; and Nichols instantly entered upon the exercise of his power, as deputy governor of the duke of York, the proprietary.
In July, 1673, the Dutch repossessed themselves of the province, by attacking it suddenly when in a defenceless state. By the peace in February following it was restored. The validity of the grant, while the Dutch were in quiet possession having been questioned, the duke of York thought it prudent to obtain a new one the following June, and Edmund Andros having been appointed governor, the Dutch resigned their authority to him in October. Thus was New-York regained; but the inhabitants were again enslaved to the will of the conqueror; for, being admitted to no share in the legislature, they were subject to laws to which they had never assented.
[1681.] To be relieved from a servitude that had degraded the colony, and now gave dissatisfaction to every one, the council, the court of assizes, and the corporation of New-York, concurred in soliciting the duke, “to permit the people to participate in the legislative power.” The duke, though strongly prejudiced against democratic assemblies, yet in expectation that the inhabitants would agree to raise money to discharge the public debts, and to settle such a fund for the future as might be sufficient for the maintenance of the government and garrison, informed the lieutenant-governor, in 1682, that “he intended to establish the same frame of government as the other plantations enjoyed, particularly in the choosing of an assembly.”
XXXVIIIMr. Dongan was appointed governor in September, and instructed to call an assembly, to consist of a council of ten, and of a house of representatives, chosen by the freeholders, of the number of eighteen members. The assembly was empowered to make laws for the people, agreeable to the general jurisprudence of the state of England, which should be of no force, however, without the ratification of the proprietary. “Thus the inhabitants of New-York, after being ruled almost twenty years at the will of the duke’s deputies, were first admitted to participate in the legislative power.”
[1683.] An assembly was called on governor Dongan’s arrival, which passed an act of general naturalization, in order to give equal privileges to the various kinds of people then inhabiting the province; together with an act “declaring the liberties of the people;” as also one “for defraying the requisite charges of government for a limitted time.” The legislature was convened once more in August 1684, when it explained the last act. These seem to have been the only assemblies called prior to the revolution.
When the duke became king of England, he refused to confirm that grant of privileges to which, as duke, he had agreed. He established a real tyranny, and reduced New-York once more to the deplorable condition of a conquered province.
New-Jersey, which was also taken from the Dutch (who were considered as having no right to any of their settlements in these parts of America) was included in the grant to the duke of York. The duke disposed of it to lord Berkely Sir George Carteret who, being sole proprietors, for the better settlement of it, agreed [1664.] upon certain constitutions of government, so well relished, that the eastern parts were soon considerably peopled. One of the stipulations was, “no qualified person, at any time, shall be any ways molested, punished, disquieted, or called into question, for any difference in opinion or practice in matters of religious concernments, who does not acturally disturb the civil peace of the province; but all and every such person and persons, may, from time to time, and at all times, freely and fully have and enjoy his and their judgments and consciences in matters of religion, they behaving themselves peaceably and quietly, and not using this liberty to licentiousness, nor to the civil injury or outward disturbance of others; any law, statute, or clause contained or to be contained, usage or custom of the realm of England, to the contrary thereof in any wise notwithstanding.”[29] The lords proprietors further agreed, “for the XXXIXbetter security of all the inhabitants in the province—That they are not to impose, NOR SUFFER TO BE IMPOSED, any tax, custom, subsidy, tallage, assessment, or any other duty whatsoever, upon any colour or pretence, upon the said province and inhabitants thereof, other than what shall be imposed by the authority and consent of the general assembly.”[30] What can more strongly express the then opinion of Lord Berkely and Sir George Carteret, as to the parliaments having no right to tax the inhabitants of the province, possessed by them as lords proprietors!
[1674.] Lord Berkely sold his moiety of the province to John Fenwick, in trust for Edward Byllinge and his assigns.—After which the proprietors, E. Byllinge, William Penn, Gawen Lawrie, Nicholas Lucas, and Edmund Warner, of the quaker persuasion, agreed with Sir George Carteret [1676.] upon a division; and that his moiety should be called New East-Jersey; and theirs New West-Jersey. The agreement respecting the not imposing or suffering to be imposed any tax, &c. was adopted: the other stipulation is worded somewhat differently—“No man, nor number of men upon earth, hath power or authority to rule over men’s conscience in religious matters; therefore it is consented, agreed and ordained, that no person or persons whatsoever, within the province, at any time or times hereafter, shall be any ways, upon any pretence whatsoever, called in question, or in the least punished or hurt, either in person, estate or privilege, for the sake of his opinion, judgment, faith or worship towards God in matters of religion; but that all and every such person and persons, may from time to time, and at all times, freely and fully have and enjoy his and their judgments, and the exercise of their consciences, in matters of religious worship, throughout all the province.”[31] It was also agreed, “that all elections be not determined by the common and confused way of cries and voices; but by putting balls into balloting boxes, to be provided for that purpose, for the prevention of all partiality, and whereby every man may freely choose according to his own judgment and honest intention.”[32]
Soon after, many quakers resorted to West-Jersey from England, and the country filled apace. But the people early experienced the dreadful effects of arbitrary power. Major Andros the governor of New-York, imposed 10 per cent. on all goods imported at the Hoar-kill,[33] and demanded 5 percent. of the XLsettlers at arrival or afterwards, though neither West-Jersey, nor the Hoar-kill, was legally under his jurisdiction. They complained of the hardship from the first, but bore it patiently, till about 1680, when application was made to the duke of York, who referred the matter to the council, where it rested for a considerable time, and then was reported in their favour, and the duty ordered to be discontinued. Among the arguments used by Messrs. William Penn, George Hutchinson and others, chiefly if not all quakers, in the paper presented to the duke’s commissioners, were these, “Powers of government are expressly granted, in the cenveyance lord Berkely made us; for that only could have induced us to buy it; and the reason is plain, because to all prudent men, the government of any place is more inviting than the soil: for what is good land without good laws; the better, the worse. And if we could not assume people of an easy and free, and safe government, both with respect to their spiritual and worldly property, that is an uninterrupted liberty of conscience and an inviolable possession of their civil rights and freedoms, by a just and wise government, a mere wilderness would be no encouragement; for it were a madness to leave a free, good and improved country, to plant in a wilderness, and there adventure many thousands of pounds, to give an absolute title to another person to tax us at will and pleasure.” Natural right and human prudence oppose such doctrine all the world over, as says, “that people free by law, under their prince at home, are at his mercy in the plantations abroad.” The King’s grant to the duke of York, is plainly restrictive to the laws and government of England. Now, we humbly conceive, it is made a fundamental in our constitution, and government, that the king of England cannot justly take his subjects goods without their consent: this needs no more to be proved than a principal; ’tis jus indigene, and home-bore right, declared to be law by divers statutes; as in the great charter, ch. 29 and 34. Ed. III. ch. 2; again 25 Ed. ch. 7.[34] To give up the power of making laws is to change the government, to sell or rather resign ourselves to the will of another; and that for nothing; for we buy nothing of the duke, if not the right of an undisturbed colonizing, with no diminution, but expectation of some increase of these freedoms and privileges enjoyed in our own country. We humbly say, that we have not lost any part of our liberty, by leaving our country; but we transplant to a place with express limitation to erect no policy contrary to the XLIestablished government (of England) but as near as may be to it; and this variation is allowed but for the sake of emergencies; and that latitude bounded with these words, for the good of the adventurer and planter. This tax is not to be found in the duke’s conveyances, but is an after business. Had the planters foreseen it, they would sooner have taken up in any other plantation in America—[a plain intimation that no such tax was imposed in any other American plantation.] Beside, there is no end of this power; for since we are by this precedent assessed without any law, and thereby excluded our English right of common assent to taxes; what security have we of any thing we possess? We can call nothing our own, but are tenants at will not only for the soil, but for all our personal estates; we endure penury, and the sweat of our brows, to improve them at our own hazard only. This is to transplant from good to bad. This sort of conduct has destroyed government, but never raised one to any true greatness.[35]
The paper presented to the duke’s commissioners, evidently proves, that it was the opinion of these gentlemen, who were quakers, that no tax could be justly imposed upon the inhabitants, without their own consent first had, and by the authority of their own general assembly. The report of the council in favour of the aggrieved, and the relief that followed, were virtual concessions to the same purport. This will not be judged wholly unprecedented by those who are acquainted with what happened relative to the county-palatine and city of Chester, in the 35th year of the reign of Henry VIII. [1543.] The inhabitants complained in a petition to the king, that for want of knights and burgesses in the court of parliament, they sustained manifold damages, not only in their lands, goods, and bodies, but in the civil and politic governance and maintenance of the commonwealth of their said county; and that while they had been always bound by the acts and statutes of the said court of parliament, the same as other counties, cities, and boroughs, that had knights and burgesses in said court, they had often been touched, and grieved with acts and statutes made within the said court, as well derogatory unto the most ancient jurisdictions, liberties, and privileges of the said court-palatine, as prejudicial unto the commonwealth, quietness, and peace of his majesty’s subjects. They proposed to the king, as a remedy, that it would please his highness, that it be enacted, with the assent of the lords spiritual and temporal, and by the commons in parliament assembled, that from the end of the session, the county-palatine shall XLIIhave two knights for the said county, and likewise two citizens to be burgesses for the city of Chester. The complaint and remedy were thought to be so just and reasonable, that the relief for which they prayed was granted, and they were admitted to send representatives to parliament, to guard their interests and to secure their liberties and privileges.
The reasons for my passing from the Jerseys to Virginia will soon be obvious.
Virginia was the original name for all the English North-American continental claims, given in honor to the virgin queen, Elizabeth. King James, being applied to, granted letters patent to a body of gentlemen on the 6th of April, 1606, with powers to divide themselves into two distinct companies, the one consisting of London adventurers, called the first or southern colony of Virginia; the second or northern colony, composed of merchants belonging to Bristol, Plymouth and Exeter. The territory granted to the first or southern colony, was generally called Virginia without any distinguishing epithet; and retained that name after the second or northern colony obtained the name of New-England, in 1614.
The London company applied their attention immediately to the forming of a settlement, and sent off a hundred and ten emigrants, who arrived on the coast of Virginia, April 29th, 1607: a party landed on the promontory, called, in honor of the prince of Wales, Cape-Henry; afterward proceeded to and took possession of a peninsula in James-river, and began a settement at James-town. The instructions given by the company of proprietors, when they sent out their second supply the following year, show that the most active projectors in England had for their chief objects discovery and gain, rather than colonization.
[1609.] A new charter was obtained: many of the first nobility and gentry were added to the former proprietors, and were incorporared by the name of “The Treasurer and Company of Adventurers, of the city of London, for the first colony of Virginia.” To them was granted in absolute property the lands extending from Cape Comfort along the sea-coast southward 200 miles, from the same promontory 200 miles northward, and from the Atlantic westward to the South-sea. The company was empowered to make ordinances for the colony, and for those on the seas going thither. There was granted to the treasurer and company and their assigns, a freedom from all subsidies in Virginia for 21 years, and from all impositions on importations and exportations to and from England, or any other of the king’s dominions, “except only the five pounds in the hundred due for customs.” Little was conceded to the emigrants by the charter; XLIIIand much conferred on the corporation. The colonists were to be governed by the ordinances of a corporation residing in England, in which they were not represented, and over the deliberations of which they had no control. The powers of the corporation were indeed controlable, as it was subject to the superintendance of the courts of justice within the realm, which could compel it to act agreeable as well to the grant, as to the laws of the state.
The adventurers, warmed with golden dreams of great riches, soon fitted out nine ships, with 500 emigrants, and every necessary for the establishment of a permanent colony, excepting suitable encouragement to the settlers. Lord Delaware was appointed captain-general for life. Only seven vessels arrived safe.
When Mr. Smith, who had governed the colony, departed for England, he left behind him 500 persons, of whom, what with bad management, dissensions, attacks from the Indians, waste of provisions, which occasioned a famine, &c. there remained only sixty of all ages and sexes, at the expiration of six months. When Sir Thomas Gates, the lieutenant-governor arrived in May, 1610, and saw the calamitous situation of affairs, he concluded on embarking the colonists and sailing for England: but before he could proceed to sea, Lord Delaware arrived with three ships, bringing abundant supplies, and carried back with him to James-town the feeble remains of the colony. He soon re-established matters; but his health obliging him, he sailed for England the beginning of the subsequent year, [1611.] leaving about 200 colonists, possessed of health, plenty, and peace with their neighbours. After his departure they relapsed; but his successor, Sir Thomas Dale, arriving in May with more emigrants, cattle, and provision for a year, things were again restored. This same year the adventurers obtained a new charter, by which the two former were confirmed, and they had also granted to them all the islands situated in the ocean, within 300 leagues of any part of the Virginia coast. The corporation was now considerably new modelled, and, in order to promote the effectual settlement of the plantation, licence was given to open lotteries in any part of England. The lotteries alone, which were the first ever granted in England, brought 29,000l. into The campany’s treasury. At length being considered as a national evil, they attracted the notice of parliament, were presented by the commons as a grievance, and in March, 1620, suspended by an order of council.
Sir Thomas Gates was dispatched with six large ships, carrying 300 colonists, 100 cattle, and useful supplies. He arrived in August: and parties were sent out from James-town to form distant settlements. He returned the beginning of 1614, and the XLIVadministration devolved once more on Sir Thomas Dale, to whom the Virginians owe the introduction of landed property. In 1615, fifty acres of land were granted to every emigrant and his heirs, and the same quantity to every person imported by others. Dale sailed for England in the beginning of 1616, giving up the trust to Sir George Yeardley, as deputy governor, and in this year the cultivation of tobacco was introduced. It was originally carried from Tobago to England. Mr. Argal, a new deputy, arrived in May, 1617. He published a variety of edicts, and was guilty of those wrongs and oppressions, that the treasurer and council appointed Yeardly captain-general, and empowered him to examine into and redress grievances. Sir George arrived April, 1619, bringing with him several instructions favourable to freedom, and soon declared his intention of calling a general assembly, which gave the greatest joy to men, who had been hitherto subjected to the arbitrary orders of their prince, to the interested ordinances of an English corporation, or to the edicts of a haughty governor; and who enjoyed none of those liberties which Englishmen claim as their birth-right.
In June, Yeardley, pursuant to his instructions from the company, issued writs for the election of delegates, called burgesses. The colony had been divided into seven hundreds or distinct settlements, which seemed to enjoy some of the privileges of boroughs, and from this circumstance the democratic branch of the assembly has been called to this day the house of burgesses, though composed almost entirely of the representatives of counties. The assembly, formed of the governor and council of state, who were appointed by the treasurer and company, and of the burgesses chosen by the people, met together in one apartment, and transacted affairs like the parliament of Scotland of old, which mode continued till after the restoration of Charles II. Thus convened, and thus composed, the legislature “debated all matters thought expedient for the good of the whole.” The laws were transmitted to England, for the approbation of the treasurer and company, without whose confirmation they were of no validity. The introduction of an assembly was attended with the happiest effects. The emigrants, for the first time, resolved to settle themselves, and to perpetuate the plantation. The assembly thanked the company for their favour, and begged them “to reduce into a compendious form, with his majesty’s approbation, the laws of England proper for Virginia, with suitable additions;” giving as a reason, “that it was not fit that his subjects should be governed by any other rules, than such as received their influence from him.” This year the treasurer and council received a letter, “commanding them to send a hundred dissolute persons (convicts) to Virginia.” They XLVwere accordingly transported; and were at that period very acceptable to the colonies,” though the unlimited practice of emptying the English jails on the American continent has of late years been complained of as a nuisance. [1602.] The subsequent year must, on account of the introduction of African slaves into the colonies, be stigmatized as a much viler æra.—The Hollanders were not then precluded by any law from trading with the colonies. A Dutch vessel carried to Virginia a cargo of negroes, and the Virginians, who had themselves just emerged from a state of slavery, became chargeable with reducing their fellow men to the condition of brutes.
[1621.] In July, the treasurer and company carried into execution a resolution formerly taken, for establishing a proper constitution for the colony. The ordinance they passed, declared that there should be two supreme councils in Virginia, the one to be called the council of state, to be appointed and displaced by the treasurer and company, and which was to advise the governor in governmental affairs; the other was to be denominated the general assembly, and to consist of the governor and council, and of two burgesses, to be chosen, for the present, by the inhabitants of every town, hundred, and settlement in the colony. The assembly was to determine by the majority of the voices then present, and to enact general laws for the colony, reserving to the governor a negative voice. They were to imitate the laws and customs, and judicial proceedings used in England. “No acts were to be in force till confirmed by the general court in England: on the other hand, no order of the general court was to bind the colony, till assented to by the assembly.” The company having offered territory to those who should either emigrate themselves, or engage to transport people to the colony, found this policy so successful, that upward of 3500 persons emigrated to Virginia during this and the two preceding years.
[1622.] This year was remarkable for a massacre of the colonists by the Indians, which was executed with the utmost subtilty, and without any regard to age, sex, or dignity. A well concerted attack on all the settlements, destroyed, in one hour, and almost at the same instant, 347 persons, who were defenceless and incapable of making resistance. The emigrants, notwithstanding the orders they had received, had never been solicitous to cultivate the good-will of the natives, and had neither asked permission when they occupied their country, nor given a price for their valuable property, which was violently taken away. The miseries of famine were soon superadded to the horrors of massacre. Of eighty plantations, which were filling apace, XLVIonly eight remained; and of the numbers which had been transported thither, no more than about 1800 survived those manifold disasters.
Frequent complaints having been made to king James of the oppressions of the treasurer and company, and the before-mentioned calamities being attributed to their misconduct or neglect, it was determined that a commission should issue to enquire into the affairs of Virginia and the Somer-isles, from the earliest settlement of each. Upon the report of the commissioners, the king concluded on giving a new charter, and required of the company the surrender of former grants, which being refused, a writ of quo warranto issued in November, 1623, against the patents of the corporation; and judgment was given by the court of king’s-bench against the treasurer and company, in Trinity-term, 1624. These proceedings “were so conformable to the general strain of the arbitrary administration of that reign, that they made little impression at the time, though the Virginia company was composed of persons of the first quality, wealth, and consequence in the nation.” The company probably would not have exercised so tame and submissive a spirit, had they not been wholly disappointed in their visionary prospects, and met with considerable losses, instead of acquiring enormous profits. They had obtained from individuals, who sported in their lotteries from the hope of sudden riches, £. 29,000. but the transportation of more than 9000 English subjects, had cost them £.150,000. They did not, however, abandon the colony in its distress, while they continued a corporation. Timely supplies were sent from England to the Virginia settlers, which so animated them, that they carried on an offensive war against the Indians, pursued them into their fastnesses, and drove them from the neighbourhood of those rivers where they had fixed their own plantations.
As to king James, he “assuredly considered the colonies as acquired by conquest; and that they ought to be holden of his person, independent of his crown or political capacity; and might be ruled according to his good will, by prerogative; and he endeavored, agreeable to the strange œconomy of his reign, to convert them into a mere private estate, descendable to his personal heirs.”[36]
The Virginia company being dissolved, James took the colony under his immediate dependence, which occasioned much confusion. Upon his death, king Charles [1625.] being of the XLVIIsame judgment with his father as to the government of Virginia, determined to tread in the same steps. In May he named a new governor and council for Virginia, and invested them with an authority fully legislative and arbitrary. They were empowered to make and execute laws, to impose taxes, and enforce payment. Neither the commission nor instructions mentioned expressly, or even alluded to an assembly, to the laws of England, or to the acts of the provincial legislature, as a rule of government. They were required to transport colonists into England, to be punished there for crimes committed in Virginia. This system increased the colonial dissatisfaction, which continued for years, till the Virginians received a letter containing the royal assurance, that “all their estates, trade, freedom, and privileges, should be enjoyed by them in as extensive a manner as they enjoyed them before the recalling of the company’s patent.” On this they were reconciled, and began again to exert themselves in making improvements.[37]
Being left for some years in a manner to themselves, they increased beyond expectation. They remained under the administration of their governors and other officers, who respected their privileges because they loved the colony. The governor whom Charles had been anxious to appoint, had no opportunity of exercising those illegal and extraordinary powers with which he had been invested. His death in 1627, put an end to his authority, and prevented the colony’s feeling its full extent. His successor, John Harvey, esq. was nominated in March 1629; and his commission and instructions were precisely the same with those of the former. He departed soon after for Virginia. The spirit of his administration was an exact counterpart of what had too long prevailed in England. He was severe in his extortions, proud in his councils, unjust and arbitrary in every department of his government. The Virginians, roused almost to madness by oppression, seized and sent him prisoner to England, accompanied with two deputies, to represent their grievances and his misconduct. His behaviour was so thought of, that he was honored with a new commission which confirmed former powers, and he was sent back to Virginia in April, 1637. After that, his government was so excessively oppressive and cruel, that the complaints of the colonists became at length too loud to be longer neglected, and his commission was revoked in January, 16389—. During his ten years administration, the Virginians were ruled rather as the vassels of an eastern despot, than as subjects entitled to English liberties; but it is to their credit, that, having tasted the sweets of a simple government, they opposed with a firm spirit, XLVIIIduring the reign of Charles, the attempts of those who endeavoured to revive the patents, and to restore the corporation.
Sir William Berkely was appointed governor the beginning of 1639. His instructions evidenced a prodigious change in colonial policy, which must be partly ascribed to the then state of affairs in England. He was directed to summon all the burgesses of the plantations; who with the governor and council were to constitute the grand assembly, with power to make acts for the government of the colony, as near as might be to the laws of England—to cause speedy justice to be administered to all, according to English forms—and to forbid all trade with foreign vessels except upon necessity. Thus were the Virginians restored to that system of freedom which they had derived from the Virginia company, and which the writ of quo warranto had involved in the same ruin with the corporation itself.
Civil dissentions however took place, which were embittered by religious differences, and inflamed by acts made to prohibit the preaching of the doctrines of the puritans. The discontented party presented a petition to the house of commons, in the name of the assembly, “praying for the restoration of the antient patents and corporation government.” But the governor, council and burgesses, no sooner heard of the transaction, than they transmitted an explicit disavowal of it. They sent also an address to king Charles acknowledging his bounty and favor toward them, and earnestly desiring to continue under his immediate protection. In 1642, they declared in the form of an act, “that they were born under monarchy, and would never degenerate from the condition of their births, by being subjects to any other government.” Nothing could be more acceptable than this act, which being presented to the king at York, drew from him an answer, in which he gave them the fullest assurances, that they always should be immediately dependent upon the crown, and that the form of government should never be changed.
They remained unalterably attached to the cause of their sovereign. But when the commons of England had triumphed over their European opponents, their attention was turned to the plantations; and an ordinance was passed in October, 1650, “for prohibiting trade with Barbadoes, Virginia, Bermuda, and Antego.” It recited, that “in Virginia, and other places in America, their are colonies, which were planted at the cost, and settled by the people, and by the authority of this nation, which ought to be subordinate to, and depend upon England—that they ever had been, and ought to be subject to such laws and regulations, as are, or shall be made by the parliament—that divers acts of rebellion have been committed by many persons inhabiting XLIXVirginia, whereby they have set up themselves in opposition to the commonwealth” It therefore declared them “notorious robbers and traitors.” Persons in power generally reason alike against those who oppose their authority, and dispute the legality or equity of their measures, whatever might be their own sentiments when in a lower station, and while aggrieved by superiors. The ordinance authorised the council of state to send a fleet thither, and to grant commissions to proper persons to enforce to obedience all such as stood opposed to the authority of parliament. In consequence hereof commissioners were appointed, and a powerful fleet and army detached, to reduce all their enemies to submission. They were to use their endeavors, by granting pardons and by other peaceful arts, to induce the colonists to obey the state of England; but, if these means should prove ineffectual, then they were to employ every act of hostility; to free those servants and slaves of masters opposing the government, that would serve as soldiers to subdue them; and to cause the acts of parliament to be executed, and justice to be administered, in the name of the commonwealth. After the arrival of the commissioners with the naval and military force, the Virginians refused to submit, till articles of surrender had been agreed upon, by which it was stipulated, “The plantation of Virginia, and all the inhabitants thereof, shall enjoy such freedoms and privileges as belong to the free people of England. The general assembly, as formerly, shall convene and transact the affairs of the colony. The people of Virginia shall have a free trade, as the people of England, to all places, and with all nations.” Virginia shall be free from all taxes, customs, and impositions whatsoever; and none shall be imposed on them without consent of the general assembly; and neither forts nor castles shall be erected, nor garrisons maintained without their consent.”[38]
The hardships the Virginians experienced from restrictions on their trade under Oliver Cromwell, together with their attachment to the royal family, induced them to seize the occasion of the death of the protector’s governor, for applying to Sir William Berkely, who had lived privately during the revolutions of the day, to resume the government of the colony, to which he consented, on their solemnly promising to venture their lives and fortunes with him for Charles II. Before they had heard of the death of Cromwell, Charles was proclaimed by them king of England, Scotland, Ireland, and Virginia. During the distresses to which the royalists were exposed in England prior to this Levent, they resorted to that colony, so that Virginia contained about 30,000 persons at the restoration. Sir William Berkely, in his answer to the enquiries of the lords of the committee of the colonies, writes, June 20, 1671, “there are 40,000 persons, men, women, and children, 2000 black slaves, and 6000 christian servants for a short time.” You will not have your good opinion heightened of him for his adding—“I thank God there are no free schools, nor printing, and I hope we shall not have them these hundred years. For learning has brought disobedience, and heresy, and sects into the world, and printing has divulged them and libels against the government. God keep us from both!”[39]
You will remark, that, however zealous the Virginians were to honor the Charles’s with their loyalty, they boldly declined complimenting king, commonwealth, and protector with their liberties.
Maryland comes now to be considered.
Sir George Calvert was one of the original associates in the great Virginia company, and continued a member of that corporation during its existance: and, as secretary of state, he acted as one of the committee of council for the affairs of the plantations while James I. lived. Sir George in his reign, having thought proper to alter his religious sentiments and embrace popery, ingenuously avowed the change. The king pleased with his sincerity, granted him a part of Newfoundland, which the French at length obliged him to abandon. His majesty further testified his regard, by creating him Lord Baltimore of Ireland. King Charles, to compensate for his loss of the Newfoundland territory, gave him a grant of the country on the north side of the Chesapeak-bay.
His Lordship died April 15, 1632, before the patent was made out; on which his son Cecil took it out in his own name the June following. Charles, in honor to his royal consort Henrietta Maria, named the colony Maryland; and, being desirous of gratifying the proprietary all in his power invested him with as much sovereignty as could well consist with an immediate subjection to the crown of England. His Lordship, with the assent of the freemen, or their delegates, whom he was required to assemble for that purpose, might make laws of what kind soever for the province, so that they were not repugnant, but agreeable to the jurisprudence and rights of the realm of England; and he was authorised to execute the acts of the assembly. There was no clause in the charter obliging him to transmit their acts LIto the king for approbation or dissent: nor any saving of the royal interference in the government of the colony. Charles reserved to himself and his heirs forever, imposts, duties, and customs, which the colonies were bound to pay; but declared in the same charter, “We, our heirs and successors, shall at no time set and make, or cause to be set, any imposition, custom, or taxation on the inhabitants of the province, for their lands, goods, tenements, or chattels whithin the said province.” By this clause the king covenanted for himself, heirs and successors, that having reserved for ever the imposts, duties, and customs, he would not contribute toward setting upon the inhabitants any imposition, custom, or taxation, for their lands, goods, tenaments, or chattels, within the said province; and therein bound both himself and them, not to assent to any bill subjecting the inhabitants to an internal taxation by an external legislation.
The first emigration consisted of two hundred gentlemen of considerable fortune and rank, with their adherents, chiefly Roman Catholics, who hoped to enjoy liberty of conscience, under a proprietary of their own profession. They sailed from England in November, and landed in Maryland the beginning of 1633. Governor Colvert, brother to lord Baltimore, very wisely and justly purchased, by presents of various goods, the rights of the Indians, and with their free consent took possession of their town, which he called St. Mary’s. The country was settled with so much ease, and furnished with so many conveniences, that emigrants repaired thither in such numbers, that the colony soon became popular and flourishing. A third assembly of freemen was held at St. John’s in February, 1638–9, when an act was passed “for establishing the house of assembly.” It inacted that those who shall be elected pursuant to writs issued, shall be called burgesses, and shall supply the place of the freemen who chose them—that the gentlemen summoned by the special writ of the proprietary, and those freemen who shall not have voted at any of the elections, together with the governor and secretary, shall be called “the house of assembly”—that all acts assented to by that body, shall be deemed of the same force, as if the proprietary and freemen had been personly present. Slavery seems to have gained an early establishment in Maryland, for an act of this assembly describes “the people” to consist of all christian inhabitants “slaves only excepted.” The persecuting laws which were passed by the Viginians, soon after this period against the puritans, made the latter emigrate in considerable numbers to Maryland, that they might enjoy, under a popish proprietary, that liberty of conscience, of which they were deprived by fellow protestants.
LIIIn 1642, the burgesses “desired that they might be separated, and sit by themselves, and have a negative,”—such was their progress in entertaining just conceptions of their own democratic rights. The governor did not grant their request; but they were afterwards more successful. The assembly of 1649, was assuredly divided into two parts, and transacted business in the form of an upper and lower house. That assembly, which convened in April, enacted, that no persons professing to believe in Jesus Christ, shall be molested in respect of their religion, or in the exercise thereof, or be compelled to the belief or exercise of any other religion against their consent, so that they be not unfaithful to the proprietary, or conspire against the civil government—that those reproaching any with opprobrious names of religious distinction, shall forfeit ten shillings to the persons injured—that any one speaking reproachfully against the blessed Virgin, or the Apostles, shall forfeit five pounds—but blasphemy against God, shall be punished with death.
In 1650, a law was passed “for settling this present assembly.” It enacted, that those who were called by special writ shall form the upper house—that those who were chosen by the hundreds shall compose the lower house—and that all bills which shall be assented to by the two branches of the legislature thus established, and assented to by the governor, shall be deemed the laws of the province, and have the same effect as if the freemen were personally present. There was also passed “an act against raising money without the consent of the assembly.” It mentioned, “That no taxes shall be assessed or levied on the freemen of the province, without their own consent, or that of their deputies, first declared in a general assembly. The printed words and early date of this Maryland act demand particular notice. The act of the general assembly and governor were of the same force in their own province, as acts of parliament in England; and could not be repealed without the concurring assent of the proprietary, or his deputy, with the other two estates.
Carolina follows Maryland in the order of existence.
A few adventurers emigrated from the Massachusetts, and settled round Cape Fear, about the time of the restoration. They considered mere occupancy, with a transfer from the natives, without any grant from the king, as a good title to the lands which they possessed. They deemed themselves entitled to the same “civil privileges” as those of the country from whence they had emigrated. For years they experienced the complicated miseries of want. They solicited the aid of their countrymen; and the general court, with an attention and humanity which did it the greatest honor, ordered an extensive contribution LIIIfor their relief. But the final settlement of the province was effected equally through the rapacity of the courtiers of Charles the II. and his own facility in rewarding those to whom he was greatly indebted, with a liberality that cost him little. The pretence which had been used on former occasions, of a pious zeal for the propagation of the gospel among the Indians, was successfully employed to procure a grant of the immense region lying between the 36° of north latitude and the river St. Matheo, under the 31°. March 24, 1663, this territory was erected into a province, by the name of Carolina, and conferred on lord Clarendon, the duke of Albemarle, lord Craven, lord Berkely, lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkely, as absolute lords proprietaris for ever, saving the sovereign allegience due to the crown. The charter seems to have been copied from that of Maryland, so extensive in its powers, and so noble in its privileges. The noblemen held their first meeting in May; and at the desire of the New-England people abovementioned, published proposals to all that would plant in Carolina. They declared, that all persons settling on Charles River, to the southward of Cape Fear, should have power to fortify its banks, taking the oath of allegiance to the king, and submitting to the government of the proprietaries—that the emigrants might present to them thirteen persons, in order that they might appoint a governor and a council of six for three years—that an assembly, composed of the governor, the council, and delegates of the freemen, should be called as soon as circumstances would allow, with power to make laws, not contrary to those of England, nor of any validity after the publication of the dissent of the proprietaries—that every one should enjoy the most perfect freedom in religion—that during five years, every freeman should be allowed one hundred acres of land, and fifty for every servant, paying only an half-penny an acre—and that the same freedom from customs which had been confirmed by the royal charter, should be allowed to every one.
The proprietaries appointed Sir William Berkely, then governor of Virginia, general superintendant of the affairs of the county of Albemarle, within the boundaries of which, a small plantation, of the New-Englanders probably, had been established for some years, on the north eastern shores of the river Chowan. Sir William Berkely repaired to the county, confirmed and granted lands on the conditions beforementioned, appointed Mr. Drummond the first governor, and likewise other officers, and then returned to Virginia.
The assembly of 1666, being dissatisfied with the tenures by which they held their lands, petitioned the proprietaries, that the LIVpeople of Albemarle might hold their possessions on the same terms on which the Virginians enjoyed theirs, and were gratified.
[1665.] The proprietaries appointed John Yeamans, a respectable planter of Barbadoes, commander in chief of Clarendon county, stretching from Cape Fear to the river St. Matheo; and he was at the same time created a baronet. To secure its prosperity, the same powers were conferred, and the same constitution established, as those which had made Albemarle happy.
A settlement was also now projected to the southward of Cape Romain, which acquired the name of Carteret. Thus a variety of separate and independent colonies, each of which had its own government, its own assembly, its own customs and laws, were established in Carolina.
In June, 1665, the proprietaries obtained a second charter which recited and confirmed the former. They were enabled to make laws for the province, with the consent of the freemen or their delegates: and likewise to grant titles of honor by creation of a nobility. No one prerogative of the crown was reserved, except the sovereign dominion.
Samuel Stevens, esq. was appointed governor of Albemarle in October, 1667, and was commanded to act agreeable to the advice of a council of twelve, the one half of which he was to appoint, the other was to be chosen by the assembly. The assembly was to be composed of the governor, the council, and twelve delegates chosen annually by the freeholders. Various regulations provided for the security of property: and no taxes were to be imposed without the consent of the assembly. The proprietaries might mean no more, than that neither they, nor the governor and council, shall impose taxes without the consent of the assembly: but the mode of expression tended to confirm the people at large in the opinion of their being exempted from all taxes which had not the consent of their own assembly. The settlers had their land confirmed, and granted to be now held by the free tenure of soccage, expressing a certain rent and independence. All men were declared entitled to equal privileges on taking the oath of allegiance to the king, and of fidelity to the proprietaries.
It was not till 1669 that an assembly constituted as abovementioned was convened: when it was enacted—“none shall be sued, during five years, for any cause of action arising out of the country—and none shall accept a power of attorney, to receive debts contracted abroad.” Hence this colony was long considered as the refuge of the criminal, and the asylum of the fugitive debtor.
LVThe proprietaries, at length dissatisfied with every system which they had hitherto divised for the government of their province, signed in July, a body of fundamental constitutions compiled by the celebrated Locke, giving as a reason, “That we may establish a government agreeable to the monarchy of which Carolina is a part, and may avoid making too numerous a democracy.”
By this edict a palatine was to be chosen from among the proprietaries for life; who was to act as president of the palatine court, composed of the whole; which was intrusted with the exection of the powers of the charter. A body of hereditary nobility was created, and denominated landgraves and caciques; the former were to be invested with four baronies, each consisting of 12,000 acres; the latter to have two, containing one half of that quantity: and those estates were to descend with the dignities inseparably. There were to be as many landgraves as counties; and twice as many caciques, but no more. Two fifths of the counties, stiled signiories and baronies, were to be possessed by the nobility; the other three fifths, called The colonies, were to be left among the people.
The provincial legislature, dignified with the name of parliament, was to be biennial, and to consist of the proprietaries, alias landgraves, or the deputy of each, of the cacique nobility, of the representatives of the freeholders of every district, who were to meet in one appartment, and every member to enjoy an equal vote: but no business was to be proposed till it had been debated in the grand council, whose duty it was to prepare bills for the parliamentary consideration. The grand council was to be composed of the governor, the nobility, and the deputies of the proprietaries, these being absent; and was invested with the executive of the province. The church of England alone was to be allowed a public maintenance by parliament; but every congragation might tax its own members for the support of its own ministers; and to every one was allowed perfect freedom in religion. However the most degrading slavery was introduced by investing in every man the property of his negro.[40]
These constitutions, consisting of 120 articles, and containing a great variety of perplexing regulations, were declared to be the sacred and unalterable rule of government in Carolina for ever; and yet they were never altogether adopted. The parties engaged in this act of legislation should have reflected, that the inhabitants had settled no conditions, which it was no longer in their power to abrogate; and that in the forms of government which had been actually established, the people had acquired an interest which could not be taken away without their consent.
LVI[1670.] A number of emigrants were sent in January, under William Sayle, esq. appointed governor of that part of the coast which lies south-westward of Cape Carteret, to form a colony at Port-Royal. They arrived safe; and as it was found impracticable to conform to the constitutions, it was determined to keep as close to them as possible. Sayle dying, Sir John Yeamans had his command extended to and over this colony in August, 1671. This year planters resorted from Clarendon on the north, and Port-Royal on the south, to the banks of Ashley river, for the convenience of pasture and tillage; and laid on the first high land the foundation of old Charles-Town. The proprietaries promulgated temporary laws, till through a sufficient number of inhabitants, government could be administered according to the fundamental constitutions. The temporary laws were of no long duration, being derided by a people without whose consent they had been established.
In May, 1674, Joseph West, esq. was appointed governor of the southern colony, in the room of Sir John Yeamans, with whose conduct the proprietaries were dissatisfied. But the difficulty of establishing the colony was not overcome for years; not till the people repaired to it at their own expence, and men of estate ventured thither under the firm persuasion of being fairly treated. In expectation of such treatment, the dissenters, being harrassed by persecutions in England, and dreading a popish successor, emigrated to Carolina in great numbers, and made a considerable part of the inhabitants. They acquired the honor of introducing religion into the province, while they strengthened it also by their personal accessions. But the promising appearances of the country inviting many over of a very different stamp, after a while disturbances followed.
The planters being informed that the Oyster-Point, so delightfully formed by the confluence of the rivers Ashley and Cooper, was more convenient than what was fixed upon eight years before, and the proprietaries encouraging their inclination, they began to remove, and in the subsequent year laid the foundation of the present Charles-Town, and built 30 houses [1680.] It was instantly declared the port for the purposes of traffic, and the capital for the administration of government. It was long unhealthy; but the adjacent country being now cleared and cultivated, it is allowed to enjoy the most salubrious air of Carolina.
Though the province had been formed into manors and baronies, it was not till 1682, that it was divided into three counties. In the autumn of this year, governor West held a parliament; and afterwards immediately resigned his administration to Mr. Joseph Moreton. Thence commenced a reiterated change of LVIIgovernors. Cyrle, West, Kuerry, Moreton, were successively appointed. There was a similar change of every public officer. These changes produced turbulency and faction.
But prior to this period, an insurrection broke out in the colony of Albemarle, in December, 1677. At the end of two years succesful revolt, Culpepper, who was deeply concered in the business, was dispatched with another person to England with a promise of submission to the proprietaries, on certain conditions. When about to return after executing his trust, he was impeached by the commissioners of the customs, for acting as collector without their authority, and embezzling the king’s revenue in Carolina. He was seized on board a vessel in the Downs, brought back, and in Trinity-term, 1680, tried by virtue of the statute of Henry VIII. on an indictment of high treason committed without the realm. The famous Lord Shaftesbury, then in the zenith of his popularity, appeared on his behalf, and represented, contrary to the most undoubted facts, “That there never had been any regular government in Albemarle, that its disorders were only feuds between the planters, which could only amount to a riot.” On this Culpepper was acquitted. He is the first colonist who appears to have been regularly tried in the court of King’s-bench upon that statute:[41] but he was not transported from America in order to trial. His acquittal induced the proprietaries to resolve upon governing, in future, according to the portion of obedience which the insurgents should be disposed to yield. They recommended, however, an healing disposition. But the persons bearing the chief sway, being actuated too much by a vindictive spirit, proseeded against their opponents by imprisonment, fine, and banishment The seenes of anarchy produced by these measures were not changed, nor the condition of the colony mended by the arrival of governor Seth Sothel, in 1683, who was sent in hopes of quieting the disorders by his authority, as he had purchased Lord Clarendon’s share of the province. He was guilty of that bribery, extortion, injustice, rapacity, breach of trust, and disobedience of orders, for five years, that the inhabitants, driven almost to dispair, seized him with a view of sending him to England to answer to their complaints: but upon his intreaties, and offering to submit to their mutual accusations to the next assmbly, they accepted his proposal. The assembly gave judgment against him in all the above-mentioned particulars, and compelled him to abjure the country for twelve months, and the government for ever.
Charles-town having been made the principal port, the first collector was established there in 1685. The governor and LVIIIcouncil were at the same time ordered, not to fail to shew their forwardness in assisting the collection of the duty on tobacco transported to other colonies, and in seizing ships that presumed to trade contarary to the acts of navigation. Little regard was paid to orders so contrary to the views of every one. An illicit trade was not only practised, but justified under the clause of the patent, which the people believed to be of superior force to the law.—Though the royal grant of 1665 was passed subsequent to the act of navigation, the present exemption was insisted upon, with the same spirit that it was contended during this reign, that a king of England may dispense with the law. The principle of the Carolinians, and the doctrine so fashionable at the court of James, were therefore exactly the same.
James Colleton, esq. a proprietary, was appointed governor, in August. The next year he called an assembly, in which he and his party took upon them to pass such laws as lost him the affections of the people. During the ferments that followed, Seth Sothel, whom we have seen banished from Albemarle, suddenly arrived at Charles-town. Countenanced by a powerful party, and presuming on his powers as a proprietary, he seized the reins of government in 1690, notwithstanding the opposition of governar and council. A general return of member was procured, who readily sanctioned by their votes whatever was dictated by those that had thus acquired power. Colleton, whose conduct had been far from blameless, was instantly impeached of high crimes and misdemeanors, disabled from holding any office, and banished. Others were fined, imprisoned, and expelled the province. The proprietaries appointed a new governor; and the next year, [1692] upon the requisitions of the Carolinians, abrogated Mr. Locke’s system of laws, the fundamental constitutions, which far from having answered their end introduced only dissatisfaction and disorders, that were not cured till the final dissolation of the proprietary government.[42] The operation and fate of Mr. Locke’s system may convince us of this truth, that a person “may defend the principles of liberty and the rights of mankind, with great abilities and success; and yet after all, when called upon to produce a plan of legislation, he may astonish the world with a signal absurdity.”[43]
Governor Archdale arrived at Carolinia in August, 1695. He managed with great prudence, and succeeded so well, that the assembly voted him an address of thanks. He was succeeded by Joseph LIXBlake, esq. whose sentiments were so liberal, that, though a dissenter, he prevailed with the assembly to settle £ 150 per annum upon the episcopal minister of Charles-town for ever, and likewise to furnish him with a good house, a glebe, and two servants. A very different spirit wrought in the earl of Bath, when he succeeded to the power of palatine [1701.] and became eldest proprietary. Being a zealot for the church of England, he was ambitious of establishing its worship, and of excluding non-episcopalians from a share in the government of Carolina; a similar principle was at that time too prevalent in England. His views were seconded by the pliableness of governor Moor, who was after a while succeeded by Sir Nathaniel Johnson. Then the assembly being convened, a bill was brought in for the more effectual preservation of the government, by requiring all persons chosen members of the assembly, to conform to religious worship, and receive the sacrament of the Lord’s supper, according to the usage of the church of England. By this act, all dissenters were disqualified from sitting in the assembly, though legally elected, and the candidate who had the greatest number of voices, after the disqualified dissenter, was to be admitted. The passing of this act was unconstitutional and oppressive. Another bill was passed for establishing religious worship in the province, according to the church of England, and also for the erecting of churches, the maintenance of ministers, and the building of convenient parsonages. Both these acts were afterwards signed and settled by John lord Granville, then palatine, for himself and the other proprietors. In consequence of the last act, many oppressions were committed by the government against the dissenters, who laboured under these and other grievances, till the matter at length was brought before the house of lords, who having fully weighed the same, addressed the queen in favour of the Carolinians; and the laws complained of [1706.] were declared null and void.
An Indian war having broken out in Carolina, and the proprietaries finding themselves unable to maintain it against the Indians, while these were supported by the French and Spaniards, [1728.] resolved to surrender their charter to the crown. One-eighth of the province belonged to lord Carteret. The proprietors of the other seven-eighths were to receive for their cession £ 17,500 together with £ 5000 more, due to them from the province on account of outstanding debts. The surrender and payment was confirmed by a British act of parliament, wherein was a clause, reserving always to John lord Carteret, his heirs, executors, administrators, and assigns, all such estate, right, and title to one-eighth part of the share of the said provinces or territories, LXand to one-eighth part of all arrears as was his due. After passing the act, the British government applied itself in earnest to encourage this colony, and Robert Johnson, esq. was appointed governor, and continued such till he died in 1735; in which year Carolina was divided into two Colonies, North and South, and each placed under a separate governor.[44]
Pennsylvania and the Delaware Counties next demand our attention. Mr. William Penn, one of the joint purchasers of the western part of the Jerseys, having received the most exact information of the country to the westward of the Deleware, while engaged in the administration of the joint purchase, became desirous of acquiring a separate estate.
He presented a petition to Charles II. in June 1680, stating not only his relationship to the late admiral; but that he was deprived of a debt due from the crown, when the exchequer was shut. He prayed for a grant of land, lying to the northward of Maryland, and westward of the Delaware; and added, that by his interest he should be able to settle a province which might, in time, repay his claims. Having the prospect of success, he copied from the charter of Maryland the sketch of a patent which in November was laid before the attorney-general for his opinion. Penn had the same object in view as lord Baltimore had, the guarding against the exertions of prerogative, which experience had taught both were very inconvenient. The attorney-general declared the clause of exemption from taxation illegal: and chief justice North, being of the same opinion, and observing its tendency, added the saving of the authority of the English parliament, so that it was stipulated by the king, for himself and his successors, “that no customs or other contribution shall be laid on the inhabitants or their estates, unless by the consent of the porprietary, or governor and assembly, or by act of parliament in England.”
The next year [1681] the patent was granted, in consideration of “the merits of the father, and the good purposes of the son, in order to extend the English empire, and to promote useful commodities.” It was provided by fit clauses, that the sovereignty of the king should be preserved; and that acts of parliament, concerning trade and navigation and the customs, be duly observed. Penn was empowered to assemble the freemen, or their delegates, in such form as he should think proper, for raising money for the uses of the colony, and for making useful laws, not contrary to those of England, or the rights of the kingdom. A duplicate of the acts of the assembly was to be transmitted LXIwithin five year to the king in council, and the acts might be declared void within six months, if not approved.
The novel introduction of the clause subjecting the inhabitants of Pennsylvania to taxation by act of parliament, might afford an argument against being so taxed, to all the colonies whose charters contained no such clause. Dr. Franklin being asked, when examined by the house of commons, in the time of the stamp act, “Seeing their is in the Pennsylvania charter, an express reservation of the right of parliament to lay taxes there, how could the assembly assert, that laying a tax on them by the stamp act was an infringement on their rights? answered, “They understand it thus—by the same charter and otherwise they are entitled to all the privileges and liberties of Englishmen. They find in the great charters and the petition and declaration of rights, that one of the privileges of English subjects is, that they are not to be taxed but by their own consent: they have therefore relied upon it, from the first settlement, that the parliament never would or could, by colour of that clause, tax them till it had qualified itself for the exercise of such right, by admitting representatives from the people to be taxed.” You will recollect governor Nicholson’s writing in 1698, “a great many people in all the colonies, especially in those under proprietaries, think that no law of England ought to be binding to them without their own consent: for they foolishly say, they have no representatives sent from themselves to the parliament of England.” [p. 39.]
The Pennsylvanians, it may be noted, were not declared by the patent to be English subjects. There was no express stipulation, as had been inserted in all the other colonial patents, “that the Pennsylvanians and their descendants should be considered as subjects born within the realm;” for the lawyers who revised it, considered such declaratious as nugatory, since they were inferred by law.[45] If the right of the English parliament to tax the colonies could also have been inferred by law, why was not the express reservation of that right considered likewise as nugatory.
In May, Penn detached Mr. Markham, his kinsman, with a small emigration, in order to take possession of the country, and prepare it for a more numerous colony. Care was taken to order an humane attention to the rights of the Indians.
[1628] The frame of government for Pennsylvania was published in April. It was forced from the proprietary by friends, who would not have settled his country, unless gratified in whatever they demanded. It underwent a similar fate with LXIIthe constitutions of Locke; and after a variety of alterations, was at length wholly laid aside, and a simpler form established. As a supplement to the frame, there was published, in the subsequent May, a body of laws agreed upon in England by the adventurers, which was intended as a great charter, and does honor to their wisdom as statesmen, to their morals as men, and to their spirit as colonists.
Mr. Penn, desirous of carrying his religion southward to the Chesapeak, was continually soliciting the duke of York, for a grant of the Delaware colony. The prince at length wearied out, conveyed, in August, the town of Newcastle, with a territory of twelve miles round; as also that tract of land extending southward from it upon the Delaware to Cape-Henlopen. It was known to both parties, that the title of what was now granted was extremely exceptionable, as the duke could transfer no other right than mere occupancy in opposition to the legal claim, of lord Baltimore. Penn, however, who was intent on his own interest in those parts, immediately assumed the powers of jurisdiction.
When, for the first time, he arrived on the banks of the Delaware, October the 24th, he found them inhabited by 3,000 persons, composed of Swedes, Dutch, Finlanders and English. Not only his own colonists, but the rest, received him with joy and respect. He was accompanied thither by about 2,000 emigrants, who being either quakers or other dissenters, wished to enjoy their peculiarities and religion, in a country that offered a peaceful asylum to the persecuted. Mr. Penn immediately entered into a treaty with the Indians, and, agreeable to the bishop of London’s counsel, purchased from them as much of the soil as the circumstances of the colony required, for a price that gave them satisfaction: he also settled with them a very kind correspondence. In December, he convened the first assembly at Chester, consiting of seventy-two delegates from the six counties, into which they had divided Pennsylvania and the Delaware colony, soon after denominated the territories. The inhabitants proposed that the deputies might serve both for the provincial council and general assembly; three out of every county for the former, and nine for the latter. Their proposals were passed by the assembly without hesitation into an act of settlement. The persons returned were declared to be the legal council and assembly, and every county was empowered to send the same number in future, which in the same manner should constitute the legislature; and after the addition of a few other explanations, the modified frame of government was solemnly recognized and accepted. Then an act was passed, annexing the territories to LXIIIthe province, and communicating to the one the same privileges, government, and laws, as the other already enjoyed. Every foreigner who promised allegience to the king, and obedience to the proprietary, was at the same time declared to be a freeman, and entitled to his rights. By the legislative regulation, established as fundamentals by this assembly, factors who wronged their employers were to make satisfaction and one-third over—not only the goods, but the lands of the debtor were subjected to the payment of debts—every thing which excited the people to rudeness, cruelty, and irreligion, was to be discouraged and severely punished—no person acknowledging one God, and living peaceably in society, was to be molested for his opinions or practice, or to be compelled to frequent or maintain any ministry whatsoever. It was a principle of the great charter, “that children shall be taught some useful trade, to the end that none may be idle, but the poor may work to live, and the rich, if they become poor may not want.”
Penn, dissatisfied with the act of settlement, without difficulty created a second frame, agreeing partly with the first, modified according to the act of settlement in certain particulars, and in some measure essentially different from both; to which he procured the assent of the next assembly, in 1683; but which in time shared the fate of the former.
[1684.] He departed for England. The most violent dissensions followed almost instantly upon it, the provincial council and the assembly contending eagerly with regard to their mutual privileges and powers. Tranquility was not restored by the duputy governor Blackwell, who entered upon his government in December, 1688.
[1685.] Toward the close of this year Mr. Penn obtained a new grant to the Delaware colony, which he had been soliciting for some time.
[1688.] The Pennsylvanians and their rulers, when Blackwell entered upon his administration, were so much engaged in their own contests and pursuits, and so actuated by the principles of their superior, [the proprietary whose attachments to James II. during those days are well known] that they seem to have disregarded that signal revolution which transferred their allegience and Pennsylvania to the prince and princess of Orange: for the very laws and government of the province were administered in the name of the abdicated monarch, long after William and Mary had been formally proclaimed in other colonies.
It is a singularity in the history of this province, that neither its various systems, nor its fundamental laws, were communicated LXIVto the king for dissent or approbation, though strongly enforced.[46]
Penn’s adherence to James carried him to such lengths, that he was considered as an inveterate enemy to the protestant establishment, and was for some time excepted out of the acts of grace published by William and Mary; who appointed colonel Fletcher, by the same commission, governor both of New-York and Pennsylvania. In the commission no manner of regard seems to have been had to the original charter. But when the assembly met, though sixteen short in number to what had been before usual, through the change made in the writs, they passed a vote, nem. con. “That the laws of this province, which were in force and practice before the arrival of this present governor, are still in force; and that the assembly have a right humbly to move the governor for a continuation or confirmation of the same.” That and subsequent assemblies shewed such a fixed determination to secure their rights, that neither governor nor lieutenant governor could bring them to bend to their wishes.
In 1696 Penn had so well managed matters at the court of England, that he was restored to his right of naming a governor; and in the beginning of 1700 he went to Pennsylvania in person. After the meeting of several assemblies, he convened one in September, 1701, and informed them of the indispensable necessity he was under of going to England, to obviate some ill offices done by his and their enemies with the government there; but offered to do every thing that was in his power to secure to them their privileges and properties. The assmbly, in their answer, expressed their dissatisfaction at the state of both, and required farther security; to which he gave evasive answers, but offered to leave the nomination of the deputy governor to themselves; they declined it, and went upon a new charter of privileges.
This introduced a breach between the members of the province and those of the territories; the latter insisting upon some particular privileges, which, when refused by the others, made them withdraw from the meeting, and it required all the authority and address of the proprietary to make up the breach. At last, after great heart-burnings on both parts, just when Mr. Penn was about to embark, a charter of privileges was presented to him and being ratified by him, became the rule of government in Pennsylvania. By this important charter liberty of conscience is granted; and all christians, of whatever denomination, taking the proper oaths of allegiance and fidelity, are enabled to serve the government, either legislatively or executively. The LXVexclusion of all persons from the legislative and executive branches, however eminently qualified, and well behaved as members of civil society, unless they are christians, does not accord with that general liberty which ought to prevail in national communities, now that the existance of all theocracy is ended by the introduction of the kingdom of Christ. The piety of the theorist, and the subtilty of the politician, desirous of securing the support of christians, may introduce the exclusion into written or printed agreements, but cannot establish a practical exclusion of persons opposed to christianity. He must be both simple and uninformed, who will not admit, that many deists have served the Pennsylvania and other excluding governments, either legislatively or executively.
By the second article of the charter it is provided, that an assembly shall be yearly chosen by the freemen, to consist of four persons out of each county, or of a greater number, if the governor and assembly shall so agree, on the 1st of October for ever, and shall sit on the 14th following, with power to choose a speaker and other their officers, and be judges of the qualifications and elections of their own members; shall sit upon their own adjournments, prepare bills, impeach criminals, and redress grievances; and shall possess all other powers and privileges of an assembly, according to the rights of the free-born subjects of England, and the customs observed in any of the king’s plantations in America. If any county or counties shall neglect to send deputies, those who meet, provided they are not fewer in number than two thirds of the whole, shall be considered as the legal representatives of the province.
By the eighth article, in cases of suicide, all property is to descend to the next heirs, as if the deceased had died a natural death: nor is the governor to be entitled to any forfeiture, if a person shall be killed by causualty or accident. The same article provides, that no act, law, or ordinance whatsoever, shall at any time hereafter be made, to alter or diminish the form or effect of this charter, or of any part of it, without the consent of the governor for the time being, and six parts in seven of the assembly met—that the first article, relating to liberty of conscience, shall be kept without any alteration inviolably for ever—and that William Penn, for himself, &c. does solemnly declare, that neither he, &c. shall do any thing whereby the liberties, in this charter contained, nor any part thereof, shall be infringed; and that if any thing shall be done by any person contrary thereto, it shall be held of no effect.
This new constitution differed greatly from the original.—The governor might nominate his own council, and he was left LXVIsingle in the executive part of the government, and had liberty to restrain the legislative, by refusing his assent to their bills.—The assembly, on the other hand, acquired the important privilege of propounding laws, as well as of amending or rejecting them; but though this new constitution was thankfully accepted by the province, it was unanimously rejected by the territories; and affairs stood in this untoward state when the proprietary sailed for England. The representatives of the province and those of the territories divided, and acted as two distinct bodies; and the attempts to unite them proved ineffectual.
The territories consisted of the three counties, Newcastle, Kent, and Sussex, on the Delaware, and are commonly known by the name of the three Lower Counties on the Delaware.
Notwithstanding Mr. Penn is celebrated as the wisest of legislators, the assembly, about the year 1704, unanimously came to nine resolutions, in which they complain with great grief of him, “for undermining his own foundations; and by a subtle contrivance, laid deeper than the capacities of some could fathom, finding a way to lay aside the act of settlement, and dissove his second charter.”[47] He was likewise charged with having extorted from the province great sums of money. They complained also of the abuses of surveyors, the clerks of the courts, and justices of the peace, who, they said, were all put in by the proprietary, so that he became his own judge in his own cause.—These and other matters were the heads of a representation, or rather remonstrance, drawn up and sent to Mr. Penn, then in England, in which he is represented as an oppressor, and as falsifying his word in almost every respect, with the provincials.[48]
The disputes which subsisted in Pennsylvania were greatly augmented by the intemperance of the quakers themselves, who, notwithstanding all their zeal for liberty of conscience, persecuted about or soon after 1694, George Keith (who had been one of their most famous preachers) upon his conforming to the church of England; and went so far as to throw him into prison. They apologized for their conduct by pleading, that they did not punish him for his religious principles, but for having insulted the civil government.[49] If this was a good plea, the New-Englanders might gain great advantages from it, in vindicating themselves as to many of the severities they practised upon the quakers, who insulted their civil governments, beyond what will be easily credited by those who have not had the opportunity of knowing the LXVIItransactions of that period, or are not acquainted with the abusive language of some of the then leaders of that denomination—language which the body of modern quakers will not vindicate.
It only remains to give a concise account of the settlement of Georgia.
In 1732 a number of gentlemen, considering the vast benefit that might arise from the tract of land lying between the Savannah and the river Altamahat petitioned the king for a charter, which was accordingly granted on the ninth of June. They meant that the country should be made a bulwark for the southern colonies against the Spaniards; and should give employment to numbers of people who were burthensome at home to their friends and parishes. The charter constituted them a corporation, by the name of trustees for establishing a colony, by the name of Georgia, including the country from the most northern stream of the Savannah, to the most southern stream of the Altamaha. The corporation was to subsist for 21 years; and after the expiration of that term, the governor and all officers were to be appointed by the crown.
Toward the end of August, Sir William Heathcote recommended in the strongest terms, to the directors of the bank, the interests of the colony. His speech had the desired effect, and the members of the court, after his example, contributed largely toward the undertaking, as did great numbers of the nobility, gentry, clergy, and others; and the parliament granted £.10,000. By the beginning of November, about a hundred and sixteen colonists presented themselves, most of them labouring people; and were furnished with working tools of all kinds, stores, and small arms. Mr. Oglethorpe, one of the trustees, generously attended the first set of emigrants to Carolina, where they arrived in good health on the 15th of January 1733. The Carolinians made them a present of 100 breeding cattle, besides hogs, and twenty barrels of rice; and furnished them with a party of horse and with scout boats, by the help of which they reached the Savannah, where Mr. Oglethorpe, ten miles up the river, pitched upon a spot for a town; and on February the 9th, the building of the first house commenced. The colonists were most generously assisted by the Carolinians and their governor, cololonel Bull, not only with their purses, but their labour, in raising the new town, named Savannah, from the river.
Mr. Oglethorpe was waited upon by a numerous deputation from the Lower Creek Nation, with whom he concluded a treaty; and soon after set out for Charles-Town, on his return to England, where he arrived in 1734, bringing with him several Indian chiefs and a war captain. But before the end of March LXVIIIthis year, more emigrants, to the amount of six hundred, were either sent over by charity, or went at their own expence.
On the 30th of October the Indians embarked for their own country, having had an allowance while in London of £.20 a week, of which they spent little, as they commonly ate and drank at the tables of persons of the highest distinction. They moreover received presents to a very considerable amount. They embarked at Gravesend, in a ship which carried over a number of Saltzburghers, being German protestants, who, with others of their countrymen that followed, settled on the Savannah, a town they called Ebenezer, and which by their habits of industry and sobriety soon became considerable. The Georgians made a surprising progress in clearing their lands and building their houses: and, as an encouragement, the British parliament granted them a supply of £.26,000 which, with very great private donations, was expended upon strengthening the south part of Georgia. This being a necessary service for the colony, the trustees pitched upon the highlanders of Scotland, 160 of whom went over in 1735, settled themselves upon Altamaha river, and gave the name of Darien to a fort they built there, to which they afterwards added a small town called New Inverness.
In February, 1736, Mr. Oglethorpe, with about 300 passengers on board two ships, anchored in the road of Savannah. He soon began building another town, named Frederica.
[1737.] A misunderstanding subsisting between the courts of London and Madrid, and advice being sent from South-Carolina to Britain, that the Spaniards at St. Augustine and the Havannah, were making preparations for attacking Georgia, the government, at the request of the trustees, sent thither a regiment of 600 men, any of whom at the end of seven years might have a regular discharge, and be entitled to a grant of twenty acres of land. The parliament this year granted the colony another supply of £.20,000 which enabled the trustees to send over a fresh embarkation, of persecuted protestants.
On the breaking out of the war between England and Spain, Mr. Oglethorpe, being invested with a general’s command, proceeded with a body of troops to attack St. Augustine in 1740, but the expedition proved unfortunate.
In 1742 Georgia was invaded by about 5000 Spaniards and Indians from St. Augustine, in about fifty vessels of various kinds, who were repulsed by the general at the head of the English forces, and a small body of Indians. Had the Spanish descent proved successful, the Carolinians must have been in imminent danger: but the general’s good conduct secured them, LXIXand he received congratulatory letters of thanks from several of the American governors, for his great and important services.[50]
On the review of what you have read, you will note, that the colonists were very early in declaring, that they ought not to be taxed but by their own general courts, and that they considered subjection to the acts of a parliament in which they had no representatives from themselves, as a hardship—that like true born Englishmen, when grievously oppressed by governors or others, they resisted, deposed, and banished; and would not be quieted till grievances complained of were redressed—and that not a colony, Georgia excepted, was settled at the expence of government. Toward the settlement of the last, parliament granted £.56,000 at three different periods.
LETTER II.
The present letter begins with some special colonial transactions subsequent to the glorious revolution. Upon information of the accession of William and Mary, the fort at New-York was seized by the rabble, while the lieutenant governor Nicholson and the council, waited with anxiety for orders to proclaim their new sovereign. On this occasion, Jacob Leisler placed himself at the head of the insurgents; and notwithstanding the protest of the council, possessed himself by force of a letter transmitted by king William to the lieutenant governor, or to such as for the time executed the law, and instantly assumed the name and exerted the authority of governor. He convened two sessions of assembly in 1690, which passed various laws. But colonel Sloughter, who had been appointed governor in August, 1689, arriving in March, 1691, Leisler was made prisoner, and, with others, condemned for treason and murder; he and his principal adviser were executed. A legal general assembly was now convened. The precaution taken in the declaration and bill of rights, by the convention and parliament, to state the claims of Englishmen, might naturally induce the Yorkers to LXXpropose somewhat similar for themselves, had there been no prior propensity to that business. But the prevailing opinion of the colonists naturally dictated to them the seizing of the present fovorable opportunity. The New-York general assembly passed “an act, declaring what are the rights and privileges of their majesty’s subjects within the province.” The law enacts, “That the supreme legislative power and authority under their majesties, shall for ever be, and reside in a governor and council, appointed by their majesties, their heirs and successors; and the people by their representatives met and convened in general assembly.” It further enacts, “That no aid, tax, tallage, &c. whatsoever, shall be laid, assessed, levied, or required, of or on any their majesties subjects within the province, &c. or their estates, upon any manner of colour or pretence whatsoever, but by the act and consent of the governor and council, and representatives of the people in general assembly met and convened.” This memorable act was a virtual declaration, that the inhabitants of the colony had a right to be represented in assembly, and enjoyed it not as a privilege, through the grace of the crown.[51] Six years after, in 1697, a negative was put upon the act, probably by the regency, while the king was absent, which was from April the 26th, to the middle of November, when he returned after the peace of Ryswick was settled.
The Massachusetts petitioned for a renewal of their former charter, but it could not be obtained; and many reasons were assigned for not granting it, among the rest, its giving them no power to lay taxes and raise money, especially on inhabitants not being of the company, and on strangers coming to or trading with them. One of the chief acts of delinquency alleged in the writ of scire facias, issued against their former charter, was, their having levied money of the inhabitants.
[1691.] King William and queen Mary granted a new charter, in which Plymouth, the Main, Acadia or Nova-Scotia, and the tract lying between Nova-Scotia and the Main, were annexed to and made a part of the Massachusetts. It was complained of, as being not much more than a shadow of the old; seeing that the appointment of the governor, lieutenant-governor, secretary, and all the officers of the admiralty, was vested in the crown; that the power of the militia was wholly in the hands of his majesty’s governor as captain general; that all judges, justices, and sheriffs, were to be nominated by the governor, with the advice of the council; that the governor had a negative upon the choice of counsellors; that all laws enacted by the general assembly, were to be sent LXXIhome for the royal approbation or disallowance: and that no laws, ordinances, elections, or acts of government whatsoever, were to be of any validity, without the consent of the governor, signified in writing. The new charter, however, conferred on the inhabitants a number of very important privileges, and was to be preferred to the old in many respects. They were informed by the best civilians, that their religious liberties were forever secured; and that they could be touched by no tax or law, but of their own making; which had a good effect in quieting them under the variations to which they objected.
[1692.] The first act of the Massachusetts legislature, after the arrival of the charter, was a kind of Magna Charta, asserting and setting forth their general privileges, and this clause was among the rest, “No aid, tax, tallage, assessment, custom, loan, benevolence, or imposition whatsoever, shall be laid, assessed, imposed, or levied on any of his majesty’s subjects, or their estates, on any pretence whatever, but by the act and consent of the governor, council and representatives of the people, assembled in general court.” The general court passed others favourable to liberty, which were perused by the ministers of England at a distant period; and with the preceding, disallowed of by the regency in 1695. In December the reasons of this dissent were transmitted to the governor and council. The following extract from the letter sent by the committee of plantations, is subjoined, because of its being so extraordinary and decisive: “Whereas, by the act for securing the liberty of the subject, and preventing illegal imprisonments, the writ of Hæbeas Corpus is required to be granted, in like manner as is appointed by the statute of 31 Charles II. in England, which privilege has not yet been granted in any of his majesty’s plantations; it was not thought in his majesty’s absence, that the said act should be continued in force, and therefore the same hath been repealed.”
The above extract makes this a proper place for mentioning, that the ancient colonists being destitute of proper security, for want of an Hæbeas Corpus act, were in some provinces grievously oppressed. Edward Randolph, surveyor-general, during the reign of William III. represented their condition to the board of trade, March 1700; and among other beneficial regulations, he recommended, “That it being the practice of governors to imprison the subjects without bail, the Hæbeas Corpus act should be extended as fully to the colonies as it is in England.” It was accordingly soon after conferred on Virginia, by queen Anne. The council in their address said upon the occasion, “We, the council of Virginia, acknowledge your majesty’s late favour, in allowing us the benefit of the Hæbeas Corpus act, and in appointing LXXIIcourts of oyer and terminer, for the more speedy execution of justice, and relief from long imprisonments.” The lower house, in theirs, said, “We the burgesses now assembled, do beseech your majesty to accept our sincere thanks for your many favours bestowed on your subjects of this colony. We shall not pretend to enumerate the particulars, nor can we omit mentioning those lately communicated to us by your majesty’s royal instructions to your governor, wherein you have asserted to your subjects their legal rights and properties, by allowing them the Hæbeas Corpus act.”[52]
The extension of the Hæbeas Corpus act to the plantations, by queen Anne, appears to have been only by instructions to the governors, and not by any act of parliament. By what prerogative could she extend that act to the colonists, were they not before entitled to its benefit? If entitled to, it was unjust in any power to deny them the advantage of the act; and the royal favour to the Virginians, consisted solely in the queen’s asserting to her subjects their legal rights and properties (as the burgesses expressed themselves) by giving suitable directions on the business. The high sense of colonial liberty exhibited by the York and Massachusetts general courts, was opposed by the English government.
[1696.] An act was passed by the parliament, 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.”
There might be no design on the part of the ministry of taxing any of the colonies; but about 1696, a pamphlet was published, recommending the laying a parliamentary tax on one of them. It was answered by two others much read; which totally denied the power of taxing the colonies, because they had no representation in parliament to give consent. No answer, public or private, was given to these pamphlets; no censure passed upon them; men were not startled at the doctrine, as either new or illegal, or derogatory to the rights of parliament.[53]
Though the parliament might not then claim the right of taxing, they claimed the right of punishing disobedience to their laws, with the loss of charter privileges. In the 11th of William III. an act was passed [1699.] for the trial of pirates in America, in which there is the following clause, “Be it further 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 LXXIIIhereby declared to be a forfeiture of all and every the charters granted for the government or propriety of such plantation.”
Severity is stamped upon the very face of the act, in making the disobedience of a governor, the forfeiture of a charter, meant to secure the liberties of thousands, who might not have any the least power of preventing such disobedience. The proprieties and charter colonies were so disinclined to admit of appeals to his majesty in council, and were thought so to thirst after independence that these and other objections against them were laid before the parliament, [1701.] and a bill thereupon brought into the house of lords for re-uniting the right of government in those colonies to the crown: but better council prevailed, and matters were left unaltered. Some are for bringing as a precedent for the parliament’s raising a revenue from the colonies, what was passed in 1710, viz. “An act for establishing a general post-office for all her majesty’s dominions, and for settling, a weekly sum out of the revenues thereof, for the service of the war and other her majesty’s occasions.” By this act the postage of England, Scotland, Ireland, and America, were consolidated, to the end that a general post-office might be established through Great-Britain and Ireland, her colonies and plantations in North-America and the West-Indies, and all her other dominions, in such manner as might be most beneficial to the people: and that the revenue arising form the said office might be better improved. The consolidation made a new act necessary; and afforded the opportunity of advancing the rates of letters. The weekly sum amounted to £.700 and was to be paid out of the revenue for 32 years; the payment was made perpetual in the third year of her successor, having been soon after granted, appropriated by another act toward paying off, with interest at six per cent. the principal of £.2,602,200, which government borrowed of the public. By the act, the post-riders carrying the mail, were exempted from paying any thing for passing the ferries in North-America, and the ferryman was subjected to a penalty of five pounds, if he did not convey them over within half an hour after demanded.
Whatever power over the colonies the parliament might exercise in the act, the dissimilarity between this and the sugar act, passed in 1764, will not admit of the former’s being quoted, with propriety, as a precedent for the latter. The colonists were in no wise uneasy at it, and considered not the American postage in the light of an internal tax, designed for the raising of a revenue from them; for it was but a few comparatively who were affected by it; and these were accommodated in the conveyance of their letters, received a full equivalent for the postage of them, LXXIVand were not bound to send them by the public post, when they preferred a private conveyence.
In respect of the readiness of the colonies to co-operate with each other and the mother country, for the general good, they manifested the same as occasion required.
[1690.] The Massachusetts general court wrote to the several governors of the neighbouring colonies, desiring them to appoint commissioners “to meet, advise, and conclude upon suitable methods in assisting each other for the safety of the whole land.” The governor of New-York was requested to signify the same to Maryland, and parts adjacent.
The commissioners met on the 1st of May, at New-York, and were stiled a Congress, as may be concluded from the following paragraph in Mr. Stoughton’s letter of October 20, 1693, to Lord Nottingham:[54] “I crave leave further to acquaint your lordship, that the governor of New-York having written unto his excellency the governor here, signifying his appointment of a meeting at New-York, upon the first Wednesday of this month, of commissioners from the several governments of New-England, Virginia, &c. to concert and agree upon a certain quota of men and money, for the defence of Albany, &c. in observance of their majesties commands; it happened to be at such a time, and under such a conjuncture of affairs here, that no meet persons could be procured to attend that Congress.” It does not appear, that there was any congress between the two periods. It may also be observed, that the first was procured at the motion of the Massachusetts general court, formed, from the necessity of the day, upon the vacated charter, before a new one was granted; and that the motion originated in the court, from zeal for the common safety of the colonies, without any interposition of their majesties command. We meet with no congress prior to what was thus procured.
[Oct. 14, 1709.] At the desire of colonel Vetch, there was a congress of several governors, with some of their council and assembly, to consult upon the intended expedition against Canada, and to resolve on methods for securing the frontiers.
[Oct. 31, 1711.] The Massachusetts house of assembly, at the motion of lieutenant-general Nicholson, advised, to a congress of her majesty’s governors attended with such persons as the governments might appoint. The council appointed two, and the house three, out of their respective bodies, to attend the governor to congress, which appears to have met afterwards at New-London.
LXXVBut though the conduct of the Massachusetts, in their exertions for the general good, was highly commendable, their behaviour afterward, in their own colonial affairs, under governor Shute, was greatly censurable.
[1722.] The house of assembly attempted to take from colonel Shute, those powers in matters relative to the war, which belonged to him by the constitution, and to vest them in a committee of the two houses. They by degrees acquired, from the governor and council, the keys of the treasury; and no monies could be issued, not so much as to pay an express, without the vote of the house for that purpose; whereas by the charter, all monies were to be paid out of the treasury, “by warrant from the governor, with the advice and consent of the council.”
The ministry were greatly offended at the governor’s being made uneasy; for colonel Shute was known at court and the offices of state, under the character of a very worthy gentleman, of a singular good temper, fitted to make any people under his command happy. When, therefore, they found the contrary in the Massachusetts, they concluded, that the people wished to have no governor from Great-Britain, but wanted to be independent of the crown. The cry of the city of London ran exceedingly against them; and a scheme, that had been long planned for taking away the charter, had nearly been executed; but was fortunately frustrated by the indefatigable pains of Mr. Dummer, their then agent. Their own council at home were obliged to a confession of their illegal proceedings. [Jan. 15, 1725.] An explanatory charter was prepared, proposed, and accepted. Had it not been accepted, the design was to have submitted to the consideration of the British legislature, “What further provision may be necessary to support and preserve his majesty’s authority in the colony, and prevent similar invasion of his prerogative for the future.”[55]
It had been usual to give instructions to the several governors, to recommend to the assembly the establishing of a salary suitable to the dignity of their post; but the house had always declined complying, prudently apprehensive, that disagreable consequences might ensue, from the independency of the governor on the people over whom he was placed. These instructions were renewed when governor Burnet was appointed to the chair, who adhering to them, and showing a fixed determination not to part with govermental rights, warm disputes followed between him and the LXXVIhouse of representatives; whose treatment of him was so unwarrantable, that the council board [1729.] within a week after the affair, expressed their concern at the unbecoming and undutiful treatment given to his excellency, in the message of the house on the sixth of December.
In divers instances they showed such a disposition to encroach upon the prerogative, to wrangle with their governor, and to dispute with the crown, that the ministry and other persons in public offices, as is natural for those who look for submissive compliance, were much irritated; and improved to the utmost all advantages to excite prejudices against them.
It was suggested that they were aiming at independence; and jealousies were raised in the minds of some, that there was danger of the colonies setting up for themselves. Nevertheless, it was certain that such a scheme appeared to the whole country wild and extravagant; because of the universal loyalty of the people, beyond what was to be found in any other part of the British dominions, together with the infancy of the colonies, and their being distinct from one another in forms of government, religious rights, emulation of trade, and, consequently, their affections; so that it was not supposable that they could unite in so dangerous an enterprise.[56]
However, when the Massachusetts petitioned the house of commons, praying that they might be heard by council on the subject of grievances, the house took that opportunity of discovering how jealous it was of the kingdom’s supremacy and uncontroulable authority over the colony; for the commons having considered the matter, resolved, “That the petition was frivolous and groundless, a high insult upon his majesty’s government, and tending to shake off the dependency of the said colony upon this kingdom, to which, in law and right, they ought to be subject.”
The colonies might object to some acts passed respecting them, particularly—the act prohibiting the cutting down of pitch and tar trees, not being within a fence or enclosure—the act prohibiting the exportation of hats made in the colonies, even from one colony to another; and restraining all makers of hats from taking more than two apprentices at a time, or any for less than seven years, and entirely from employing negroes in the business—the act for the more easy recovery of debts in his majesty’s plantations and colonies in America, which made houses, lands, negroes, and other real estates, assets for the payment of debts. It was passed in 1732, upon the petition of the English merchants LXXVIItrading to the colonies, who complained, that the Virginia and Jamaica, a privilege was claimed to exempt their houses, lands, tenements, and negroes, from being attached for debt; the lords of trade at the same time represented, that the assemblies of those colonies could never be induced to divest themselves of these privileges by any act of their own. But whatever objections were made to the above acts, no general measure was adopted to obtain their repeal. They continued in being; but the hatters act was disregarded: and methods were devised for felling the prohibited trees, when the neighbourhood wanted a supply. The operation of the act designed for the benefit of creditors, was too often, as in other countries, weakened or evaded by the dishonest debtor. Men of principle gave themselves little concern about its existance, as they had nothing to fear from it, and knew that the same was intended to prevent persons being cheated out of their property.
The sugar colonists combined together, and obtained an act against the trade carried on from the British northern provinces to the Dutch and French colonies, for foreign rum, sugar, and molasses. The act passed in 1733, laid a duty of nine-pence a gallon on rum, six-pence a gallon on molasses, and five pounds on every hundred weight of sugar, that came not from the British West-India islands, and were brought into the nothern colonies. It was professedly designed as a prohibition from the foreign islands; but did not answer. It was found expedient, and for the general benefit, to admit of the molasses, &c. being mostly run into the colonies, without insisting upon the duties, or making frequent seizures. The act unhappily produced an illegal spirit of trading; but was continued by subsequent ones down to 1761; when the duty on the molasses was reduced to three-pence, to prevent its being run any longer. The act did not oppropriate the monies to be raised by the duties, so that when, in length of time, there was a sum in the hands of the receiver worth remitting, a demur ensued as to the application of it.
The monies produced by this and other acts, were not considered as real taxes, either by the colonies or the mother country. But some persons wished to have taxes imposed upon them which would necessarily produce many good posts and places in America for courtiers; and during the war with Spain, which broke out in 1739, a sheme for taxing the British colonies was mentioned to Sir Robert Walpole. He smiled, and said, “I will leave that to some of my successors, who have more courage than I have, and are less friends to commerce than I am. It has been a maxim with me, during my administration, LXXVIIIto encourage the trade of the American colonies in the utmost latitude; nay, it has been necessary to pass over some irregularities in their trade with Europe; for by encouraging them to an extensive growing foreign commerce, if they gain £.500,000 I am convinced, that in two years afterwards full £.250,000 of their gains will be in his majesty’s exchequer, by the labour and produce of this kingdom, as immense quantities of every kind of our manufactures go thither; and as they increase in their foreign American trade, more of our produce will be wanted. This is taxing them more agreeably to their own constitution and ours.”
Had the scheme for taxing the colonies been attempted, it would have occasioned a ferment that must have prevented those exertions in the common cause, which were given into by the New-Englanders, especially the Bay-men, so the inhabitants of the Massachusetts Bay are frequently called.
War being declared against Spain, a requisition of troops was made to the Massachusetts, and a larger number raised and embarked on his majesty’s service than was required, of whom, scarce one in fifty returned.
[1744.] Upon receiving the declaration of war with France, the general court, then sitting, made immediate provision for raising forces for Anapolis, in Nova-Scotia: they happily arrived in season; and were the probable means of saving the country. Divers times afterward, Nova-Scotia, when attacked by the French, was relieved by the Bay-men; so that during that unprosperous war, possession was always kept of it for the crown of Great-Britain.
[1745.] But the most important service to be mentioned, is the reduction of Louisburg. Governor Shirley’s heart was set upon effecting it. He prevailed upon the two houses to lay themselves under an oath of secrecy; and then communicated his plan of the expedition. A committee was appointed to consider it, and were several days in deliberation. After mature consideration, a majority disapproved of the proposal. The report was accepted, and the members of the court laid aside all thoughts of the expedition. By the governor’s influence probably, as well as with his approbation, a petition from a number of merchants was presented to the house of representatives, praying a re-consideration of their vote, and their agreement to the governor’s proposal. A second committee reported in favour of it. The report was debated in the house the whole day. It is remarkable that Mr. Oliver[57] fell down and broke his leg, while going to the house, with a full design of opposing the expedition. LXXIXHis presence would have made a majority, and overset it; but this accident occasioned his absence; and upon the division in the house at night, the numbers were equal. The speaker, Thomas Hutchinson, esq.[58] was called upon to give the casting vote; which he did in favour of it, though he opposed it when in the committee. He was, probably, prevailed upon thus to vote, that he might secure the favour of the governor, and render himself the more popular.
[Jan. 25.] The point being now settled, there is an immediate union of both parties; and all are equally zealous in carrying the design into execution. Messengers are dispatched as far as Pennsylvania, to entreat the junction of the several governments in the expedition. All excuse themselves, except Connecticut, New-Hampshire, and Rhode-Island. The first agrees to raise 500 men, the other two 300 each. Connecticut and Rhode-Island consent also, that their colony sloops shall be employed as cruisers.
The time for preparing is short. But the winter proves so favourable that all kinds of out-door business is carried on as well, and with as great dispatch as at any other season. The appointment of a general officer is of the utmost consequence. He must be acceptable to the body of the people; the inlistment depends upon this circumstance. It is not easy to find a person thus qualified, willing to accept. Colonel Pepperrell[59] has the offer from the governor: but it has rather pressed into the service than engage voluntarily. His example, in quitting for the present his extensive mercantile business, has considerable influence, and induces inferior officers, and even private soldiers, to quit their smaller concerns, for the service of their country. Governor Wentworth, of New-Hampshire, offers afterwards to take the command of the expedition. Two or three gentlemen of prudence and judgment, are consulted upon the occasion, by governor Shirley, who finds them clearly of opinion, that any alteration of the present command, would be attended with the greatest risk of entirely disgusting both the Massachusetts assembly and soldiers.[60] By the efforts of a general exertion in all orders of men, the armament is ready, sails, and arrives at Canso the fourth of April. The Bay-men consist of 3,250 troops, exclusive of commission officers. The New-Hampshire forces 304, including officers, arrived four days before. The Connecticut, being 516, inclusive, arrive on the 25th. The 300 Rhode-Islanders do not arrive till the place has surrendered.
LXXXToward the end of the month, commodore Warren arrives from the West-Indies, with a sixty gun ship, and two of forty; and joins another of forty, which had reached Canso the day before, in consequence of his orders, received while under sail from Portsmouth in New-Hampshire, on her way to Britain. The men of war sail immediately to cruise before Louisburg. The forces soon follow, and land at Chapeaurouge Bay the last day of April. The transports are discovered from the town early in the morning, which gives the inhabitants the first knowledge of the design.
The second day after landing, 400 men march round behind the hills, to the north-east harbour, where they get about midnight, and fire all the houses and store-houses until they come within a mile of the grand battery. The clouds of thick smoke proceeding from the pitch, tar, and other combustibles, prevent the garrison’s discovering the enemy, though but a few rods distant. They expect the army upon them, and desert the fort, having thrown their powder into a well; but the cannon and shot are left, and prove of service to the Americans. A party, less than twenty, come up to the battery the next morning early; and seeing no signs of men, suspect a plot, and are afraid to enter. At length, an Indian, for a pint of rum, ventures in alone through an embrasure, and discovers the state of it to the rest, just as a number of French are re-landing to recover possession. The army has near two miles to transport their cannon, mortars, &c. through a morass. This must be done by mere dint of labour. The hardiest and strongest bodies are employed, and the service performed, agreeable to the advice of major Ezekiel Gilman, of Exeter, who having been used to draw the masts over the swamps, proposed making sleds to put the cannon, &c. upon, and then yoking the men together for draught. The men know nothing of regular approaches. They make merry with the terms zigzags and epaulements; and taking advantage of the night, go on, void of art, in their own natural way.
While the forces are busy ashore, the men of war and other vessels are cruising off the harbour, when the weather permits; and on the eighteenth of May, capture a French sixty-four gun ship, having 560 men on board, and stores of all sorts for the garrison. This prize, with the arrival of other British ships, make the commodore’s fleet eleven by the 12th of June, consisting of a 64, four of 60 guns, one of 50, and five of 40. It is given out that an attack will be made by sea with the ships, on the eighteenth, while the army do the like by land. Whether a general storm is really intended or not, the French seem LXXXIto expect it, from the preparations on board the men of war, and do not incline to stand it. On the fifteenth, a flag of truce is sent to the general, desiring a cessation of hostilities, that they may consider of articles for a capitulation. Time is allowed; but their articles are rejected by the general and commodore, and others offered, which are accepted by the French, and hostages exchanged. The city is delivered up on the 17th of June. But as it is the time to expect vessels from all parts to Louisburg, the French flag is kept flying as a decoy. Two East-India, and one South Sea ship, of the value of £.600,000 sterling, are taken by the squadron, at the mouth of the harbour, into which they undoubtedly meant to enter.
The weather proved remarkably fine during the siege; the day after the surrender the rains began, and continued ten days incessantly, which would undoubtedly have proved fatal to the expedition, had not the capitulation prevented. It is not of material consequence for us to determine whether the land or sea force had the greatest share in the reduction of Louisburg. Neither would have succeeded alone. But there was certainly the strongest evidence of a generous, noble, public spirit, in the New-Englanders, which first inclined them to the undertaking, and of a firmness of mind in the prosecution of it; for the labour, fatigue, and other hardships of the siege were without parallel in all preceding American operations.[61] The paying of the charges of this expedition in 1748, lessens not the merit of the New-England attempt; for they began it when they had no promise, and very little prospect of being reimbursed. Had it not succeeded, they would not have been reimbursed, and must therefore have been involved in the greatest distress. This they foresaw, and yet cheerfully ran the risk for the public service. It would have cost the crown double the sum paid the New-England governments, to have sent an armament from Great-Britain for the reduction of the same place. The colonies met with a heavy loss, not easily repaired, in the destruction of the flower of their youth, by camp fevers, other sicknesses, the hardships and distresses of the siege. Of how much importance Louisburg was in the opinion of the French, appeared from their demanding two hostages of the first nobility in Britain as pledges for its restitution.
LXXXIIShould you hereafter read, “The leading men in the government of the Massachusetts, having been guilty of certain mal-practices, for which they were in danger of being called to an account, projected the expedition against Cape Breton, in order to divert the storm: and proving successful, the English nation was so overjoyed that they forgot every other idea in the general transport, so that the planners and conductors of the expedition, instead of being called to an account for former misdemeanors, found themselves caressed and applauded”—believe it not—especially should the writer give “this public notice, I build nothing upon the present narration; and I only offer it (because not corroborated by sufficient evidence) as a probable case, and as my own opinion.”[62] Should he be a D. D. you may think it would have been well for him to have recollected the complaint of Jeremiah, “I heard the defaming of many; report, say they, and we will report;” and so to have been silent on the head of Cape Breton. Should you judge it uncharitable to retort upon him; yet you may deem it just to remind him of his own, do you find him using such like expressions as these, “As I never believed Dr. Franklin in any public matter, excepting in his electrical experiments, I was resolved to see with my own eyes, whether what he advanced was true or not, having a strong suspicion that he fibbed designedly, like Sir Henry Wotton’s ambassador, patriæ causa.”[63]
But to return, the year after the reduction of Louisburg [1746.] Great-Britain entertained the design of reducing Canada; and requisitions were made to the colonies, from New-Hampshire to Virginia, inclusive. It was expected that they should raise at least 5,000 men; they voted 8,200; and the Massachusetts, to the amount of 3,500, were ready to embark by the middle of July, about six weeks from the first notice.[64] Though the expedition was not prosecuted, this did not lessen the merit of the colonies in preparing to second the views of the British government.
[1748.] No sooner were the distresses of war closed, by the renewal of peace, than the colonists, particularly of New-England, were alarmed with the report of an American Episcopacy; which it was the most earnest desire of Dr. Thomas Secker, late archbishop of Canterbury, to establish. The doctor, when bishop of Oxford, in his sermon before the society for propagating she gospel, &c. “began those invectives against the colonists and their religious character, which have been unwarily continued, and were founded entirely upon misinformations and misrepresentations LXXXIIIof interested persons, the missionaries especially, who found their account in abusing better christians than themselves.”[65] This conduct had not the least tendency to reconcile them to the project, but the direct contrary: and argued a secret bitterness of spirit, which promised no great moderation, if the scheme of episcopising succeeded. The talk of introducing bishops into America, was very warm among the episcopalians in Connecticut; and it is not an uncharitable conjecture, that it originated from, or was promoted by the zeal of bishop Secker. During the height of the conversation, a worthy divine, now at Rhode-Island, had the hopes of a bishopric held out to him, to induce him to turn episcopalian, though without effect. The colonists had reason to dread the introduction of episcopacy, for it could not be thought it should come unaccompanied with such a degree of civil power as would at length trample upon the rights of other denominations. An extensive and united hierarchy, however named, when armed with civil authority and in alliance with state power, is a dangeaous engine, if under the direction of a crafty politician. The failure of the episcopising project at this period, might be owing in a great measure, to the part the dissenting deputation acted upon the occasion: for which the representatives of the Massachusetts Bay returned them their thanks, in a message signed by the speaker.[66] But though the colonies were relieved from this cause of uneasiness, they were laid under another, by the parliament’s passing an act, enacting, “That from and after the twenty-fourth of June, 1750, no mill or other engine for slitting or rolling of iron, or any platting forge, to work with a tilt hammer, or any furnace for making steel, shall be erected; or, after such erection, continued in any of his majesty’s colonies in America.”
The four New-England colonies, however, had no just reason to complain, when the power of parliament passed an act [1751.] “to regulate and restrain paper bills of credit in said governments, and to prevent the same being legal tenders in payment of money;” as they had made the act absolutely necessary, that so British creditors might be secured from being defrauded by a legal tender of a depreciated and depreciating paper currency.
The year after the peace, a grant of 600,000 acres of the finest American land in the neighbourhood of the Ohio, was made out to certain noblemen, merchants, and others, of Westminster, London, and Virginia, who associated under the title of the Ohio Company. The governor of Canada obtained early intelligence LXXXIVof it; and was alarmed with the apprehension that a scheme was in agitation, which would forever deprive the French of the advantage arising from the trade with the Twightwees, and cut off the communication so beneficial to the colonies of Louisiana and Canada. He wrote therefore to the governors of New-York and Pennsylvania, acquainting them that the English traders had encroached on the French territories, by trading with their Indians; and that if they did not desist, he should be obliged to seize them wherever they were found. This was the first time that either French or British had pretended to any exclusive trade with any Indians, or even the declared friends and allies of either; for it was expressly stipulated at the treaty of Utrecht, that, on both sides, the two nations should enjoy full liberty of going and coming among the Indians of either side, on account of trade; and that the natives of the Indian countries should, with the same liberty, resort as they pleased, to the British or French colonies, for the purpose of trade, without any molestation from either the British or French subjects.
The British Indian trade had been carried on mostly with Pennsylvania by the river Susquehanna; a great part of it was now to be diverted into another channel by the Ohio company; who by opening a waggon road through the country, and building a truck-house at Will’s-creek, were providing for its being carried into Virginia by the Patomack. The Pennsylvania traders, jealous of the Ohio company, were upon the watch to injure them, which soon offered, when Mr. Gist was employed by the company, in surveying the lands upon the Ohio, in order to their procuring 600,000 acres of the best and most convenient for the Indian trade. He carefully concealed his design from the Indians, who were no less suspicious and inquisitive; and being jealous that he meant to settle their lands, made use of threats. They were not pacified till there was delivered to them a pretended message from the king of Great-Britain. The Pennsylvania traders, actuated by revenge, informed both French and Indians, what was the service on which he was employed; and while he was on his progress in the spring of 1771, some French parties, with their Indians, put the governor of Canada’s menace into execution, and [1753.] seized the British traders who were trading among the Twightwees, and carried them to a fort they were building on the south side of lake Erie. The British, alarmed at the capture of their brethren, retired to the Indian towns for shelter, and the Twightwees, resenting the violence done their allies, assembled to the number of five or six hundred, and scoured the woods till they found three French traders, whom they sent to Pennsylvania. The French, however, determined LXXXVto persist; and proceeded to build a second fort, about fifteen miles south of the former, upon one of the branches of the Ohio. They also erected a fort at the conflux of the Ohio and Wabache; and thus completed their designed communication between the mouth of the Missisippi and the river St. Lawrence. Nothing was done by the Pennsylvania government, so that the French continued to strengthen themselves without interruption; and encouraged by the little notice taken of their violence, began to seize and plunder every British trader they found on any part of the Ohio.
Repeated complaints were made to lieutenant governor Dinwiddie, of Virginia; and as the Ohio company, whose existence depended upon stopping the French encroachments and pretensions on that river, had great influence there, that colony was prevailed upon to act with some vigor.
The lieutenant governor having informed the house of burgesses, on the first of November, that the French had erected a fort on the Ohio, it was resolved to send some body to Mr. St. Pierre, the French commandant, to demand the reason of his hostile proceedings, and to require him at the same time to withdraw his forces. Major Washington, who was of age only on the eleventh of the preceding February, offered his service on this important occasion. The distance he had to go was more than four hundred miles; two hundred of which lay through a trackless desert, inhabited by Indians; and the season was uncommonly severe. Notwithstanding these discouraging circumstances, the major, attended by one companion only, set out upon this hazardous enterprise. He travelled from Winchester on foot, carrying his provisions on his back. Upon his arrival at the place of destination and delivering his message, the French commandant refused to comply, denied the charge of hostilities, and said that the country belonged to the king of France; that no Englishman had a right to trade upon any of its rivers; and that, therefore, he would seize, according to orders, and send prisoners to Canada, every Englishman that should attempt to trade upon the Ohio or any of its branches. Before major Washington had got back, or the Virginians had heard of the French commandant’s answer, they sent out proper people, provided with materials for erecting a fort at the conflux of the Ohio and Monongahela, whom he met on his return. After excessive hardships, and many providential escapes, during his long and tedious undertaking, he arrived safe at Williamsburgh, and gave an account of his negociation to the house of burgesses the 14th of February following.
LXXXVIBefore the Virginians had finished their fort, the French came upon them, drove them out of the country, and erected a regular fort on the very spot where they had been at work. The consent of the Indian warriors had not been gained by the Virginians, or they would have supported the British against the French attack.
These proceedings of the French galled the British ministry. The Ohio Company whose schemes were now demolished, was their fondling. They could not submit to have their friends so treated; and therefore no sooner had they the news, than it was resolved to instruct the colonies to oppose the French encroachments by force of arms. The instructions were received at Virginia early in the spring of 1754. The Virginians applied to the other colonies for additional troops. Captain James Mackay, with his independent company, upon the first order marched with the utmost expedition from South Carolina to their assistance. Without waiting for two independent companies from New-York, who were likewise ordered to assist them, the Virginians resolved by themselves with Mackay’s company, to oppose the French encroachments; and sent off that and three hundred men raised by the colony, under the command of late major, but now colonel Washington. An engagement ensued between a party of French from fort Du Quesne, whom colonel Washington attacked and defeated, on the twenty-eight of May—which put Mr. de Villier upon marching down against him with 900 men besides Indians, and attacking him on the third of July. Washington made so brave a defence behind a small incomplete intrenchment, called fort Necessity, that Villier seeing what desperate men he had to deal with, and desirous of saving his own, offered him an honorable capitulation; but the French officer was careful, in forming the articles, to throw the blame of the war upon the British, and to make it thought that they were the agressors.
The lords commissioners for trade and plantations, had also recommended to the several colonies, to appoint commsssioners to meet each other. Their Lordships designed, that there should be a general league of friendship, between all the colonies, and the Indians, in his majesty’s name. The Massachusetts general court not only acceded to the proposal, but both houses desired his excellency, governor Shirley (April 10.) “to pray his majesty, that affairs which relate to the six nations and their allies may be put under some general direction as his majesty shall think proper; that the several governors may be obliged to bear their proportions of defending his majesty’s territories against LXXXVIIthe encroachments of the French, and the ravages and incursions of the Indians.”
[July.] A general meeting of the governors and chief men from several of the colonies, was held at Albany. At this congress, the commissioners were unanimously of opioion, that an union of all the colonies was absolutely necessary for their common defence. The plan was, in short, “That a grand council should be formed of members, to be chosen by the assemblies, and sent from all the colonies; which council, together with a governor-general to be appointed by the crown, should be empowered to make general laws, to raise money in all the colonies for the defence of the whole.” It was drawn up by Mr. Hutchinson, was accepted, and sent home. Had it been approved and established, British America thought itself sufficiently able to cope with the French without further assistance; several of the colonies, in former years, having alone withstood the enemy, unassisted not only by the mother country, but by any of the neighbouring provinces. A stamp act was talked of among the commissioners, of which number was Mr. (now Dr.) Franklin, one of the three from Pennsylvania; and it was thought a proper mode of taxing; under the apprehension, that in its operation it would affect the several governments fairly and equally. The idea of a stamp act had been held out, so early as 1739, in two publications drawn up by a club of American merchants at the head of whom were Sir William Keith, governor of Pennsylvania, Mr. Joshua Gee, and many others. They proposed, for the protection of the British traders among the Indians, the raising a body of regulars, to be stationed all along the western frontier of the British settlements; and that the expence should be paid from the monies arising from a duty on stamp paper and parchment in all the colonies to be laid on them by act of parliament. The congress plan was not agreeable to the views of ministry; another was proposed—“That the governors of all the colonies, attended by one or two members of their respective councils, should assemble, concert measures for the defence of the whole, erect forts where they judged proper, and raise what troops they thought necessary, with power to draw upon the British treasury for the sum that should be wanted; and the treasury to be re-imbursed by a tax laid on the colonies by an act of parliament.” When you are reminded, that the governors and councils were chiefly of the king’s appointing, you will be apt to view the scheme as a most subtle and dangerous contrivance, to provide for favorites, to sap the liberties of the Americans, and eventually to chain them down to the most abject slavery. Had the congress plan met with the countenance of LXXXVIIIminstry, it might have been adopted after a while; though of that, it appeared, there could be no certainty; for when the governor laid it before the Massachusetts assembly in October, the assembly determined, not to give it the least countenance. The ministerial plan was transmitted to governor Shirley, who was known to be for the British parliament’s laying the tax. It was communicated by him to Mr. Franklin, then at his native place, Boston, who soon returned it with a few short remarks, and the next day sent the governor the following letter, viz.
I mentioned it yesterday to your excellency, as my opinion, that excluding the people of the colonies from all share in the choice of the grand council, would probably give extreme dissatisfaction, as well as the taxing them by an act of parliament, where they have no representative. In matters of general concern to the people and especially where burthens are to be laid upon them, it is of use to consider, as well what they will be apt to think and say, as what they ought to think; I shall therefore, as your excellency requires it of me, briefly mention what of either kind occurs to me on this occasion.
First, they will say, and perhaps with justice, that the body of the people in the colonies are as loyal, and as firmly attached to the present constitution and reigning family, as any subjects in the king’s dominions:
That there is no reason to doubt the readiness and willingness of the representatives they may choose, to grant from time to time such supplies for the defence of the country, as shall be judged necessary, so far as their abilities will allow:
That the people in the colonies, who are to feel the immediate mischiefs of invasion and conquest by an enemy, in the loss of their estates, lives and liberties, are likely to be better judges of the quantity of forces necessary to be raised and maintained, forts to be built and supported, and of their own abilities to bear the expence, than the parliament of England at so great a distance:
The governors often come to the colonies merely to make fortunes with which they intend to return to Britain; are not always men of the best abilities or integrity; have many of them no estates here, nor any natural connections with us, that should make them heartily concerned for our welfare; and might possibly be fond of raising and keeping up more forces than necessary, from the profits accruing to themselves, and to make provision for their friends and dependants:
LXXXIXThat the counsellors in most of the colonies being appointed by the crown, on the recommendation of governors, are often of small estates, frequently dependent on the governors for offices, and therefore too much under influence;
That there is, therefore, great reason to be jealous of a power in such governors and councils, to raise such sums as they shall judge necessary, by draft on the lords of the treasury, to be afterward laid on the colonies by act of parliament, and paid by the people here; since they might abuse it, by projecting useless expeditions, harrassing the people, and taking them from their labour to execute such projects, merely to create offices and employments, and gratify their dependants, and divide profits:
That the parliament of England is at a great distance, subject to be misinformed and misled by such governors and councils, whose united interests might probably secure them against the effect of any complaint from hence:
That it is supposed to be an undoubted right of Englishmen not to be taxed but by their own consent given through their representatives:
That the colonies have no representatives in parliament:
That to propose taxing them by parliament, and refuse them the liberty of choosing a representative council, to meet in the colonies, and consider and judge of the necessity of any general tax, and the quantum, shows a suspicion of their loyalty to the crown, of their regard for their country, or of their common sense and understanding, which they have not deserved:
That compelling the colonies to pay money without their consent, would be rather like raising contributions in an enemy’s, country, than taxing Englishmen for their own public benefit:
That it would be treating them as a conquered people, and not as true British subjects:
That a tax laid by the representatives of the colonies might easily be lessened, as the occasion should lessen; but being once laid by parliament, under the influence of the representations made by governors, would probably be kept up, and continued for the benefit of governors, to the grievous burden and discouragement of the colonies, and prevention of their growth and increase:
That a power in governors to march the inhabitants from one end of the British and French colonies to the other, being a country of at least 1500 square miles, without the approbation or consent of their representatives first obtained, might occasion expeditions grievous and ruinous to the people, and would put them upon a footing with the subjects of France in Canada, that now groan under such oppression from their governor, who for XCtwo years passed, has harrassed them with long and destructive marches to the Ohio:
That, if the colonies in a body may be well governed by governors and councils appointed by the crown without representatives, particular colonies may as well, or better, be so governed: a tax may be laid on them all by act of parliament for support of government, and their assemblies be dismissed as an useless part of the constitution:
That the powers proposed by the Albany plan of union, to be vested in a grand representative council of the people, even with regard to military matters, are not so great as those of the colonies of Rhode-Island and Connecticut are entrusted with by their charter, and have never abused: for by this plan, the president general is appointed by the crown, and controuls all by his negative; but in these governments the people choose the governor, and yet allow him no negative:
That the British colonies bordering on the French, are properly frontiers of the British empire; and the frontiers of an empire are properly defended at the joint expence of the body of the people in such empire. It would now be thought hard, by act of parliament, to oblige the cinque ports, or sea coasts of Britain to maintain the whole navy, because they are more immediately defended by it; not allowing them at the same time, a vote in choosing the members of parliament; and if the frontiers in America must bear the expence of their own defence, it seems hard to allow them no share in voting the money, judging of the necessity and sum, or advising the measures:
That besides the taxes necessary for the defence of the frontiers, the colonies pay yearly great sums to the mother country unnoticed; for taxes paid in Britain, by the landholder or artificer, must enter into and increase the price of the produce of land, and of manufactures made of it; and great part of this is paid by consumers in the colonies, who thereby pay a considerable part of the British taxes.
We are restrained in our trade with foreign nations; and where we could be supplied with any manufacture cheaper from them, but must buy the same dearer from Britain, the difference of price is a clear tax to Britain. We are obliged to carry great part of our produce directly to Britain, and wherein the duties there laid upon it lessen its price to the planter, or it sells for less than it would in foreign markets, the defference is a tax paid to Britain.
Some manufactures we could make, but are fobidden, and must take of British merchants; the whole price of these is a tax paid to Britain.
XCIBy our greatly increasing the demand and consumption of British manufactures, their price is considerably raised of late years; their advance is clear profit to Britain, and enables its people better to pay great taxes; and much of it being paid by us, is a clear tax to Britain.
In short, as we are not suffered to regulate our trade, and restrain the importation and consumption of British superfluities, (as Britain can the consumption of foreign superfluities) our whole wealth centres finally among the merchants and inhabitants of Britain; and if we make them richer, and enable them better to pay their taxes, it is nearly the same as being taxed ourselves, and equally beneficial to the crown. These kind of secondary taxes, however we do not complain of, though we have no share in the laying or disposing of them: but to pay immediate heavy taxes, in the laying, appropriation, and disposition of which we have no part, and which, perhaps, we may know to be as unnecessary as grievous, must seem hard measure to Englishmen; who cannot conceive, that by hazarding their lives and fortunes, in subduing and settling new countries, extending the dominion, and increasing the commerce of their mother nation, they have forfeited the native rights of Britons, which they think ought rather to be given them as due to such merit, if they had been before in a state of slavery. These and such kind of things as these, I apprehend, will be thought and said by the people, if the proposed alteration of the Albany plan should take place. Then the administration of the board of governors and councils so appointed, not having any representative body of the people to approve and unite in its measures, and conciliate the minds of the people to them, will probably become suspected and odious: dangerous animosities and feuds will arise between the governors and governed, and every thing go into confusion.
Perhaps I am too apprehensive in this matter; but having freely given my opinion and reasons, your excellency can judge better than I whether there be any weight in them; and the shortness of the time allowed me, will, I hope, in some degree, excuse the imperfections of this scrawl.
With the geatest respect and fidelity, I have the honor to be, your excellency’s most obedient and most humble servant,
These letters might be transmitted to, and might dispose the ministry to decline urging their plan of uniting and governing the colonies; but Mr. Shirley wrote to governor Wentworth, of New-Hampshire, May 31, 1755—“I may assure your excellency, from every letter I have of late received from Sir Thomas XCIIRobinson, I have reason to think that his majesty hath a dependance upon a common fund’s being raised in all his colonies upon this continent, in proportion to their respective abilities, for defraying all articles of expence entered into for their common defence; and that such an one must in the end, be either voluntarily raised, or else assessed in some way or other.” The ministry discovered a disposition to raise a revenue in them, which induced the Massachusetts general court [Nov. 6.] thus to instruct their agent; “It is more especially expected, that you oppose every thing that shall have the remotest tendency to raise a revenue in the plantations, for any public uses or services of government;” he wrote to them the twenty-ninth of May following, “The inclinations I have reason to think still contitinue for raising a revenue out of the molasses trade.” The alarming state of public affairs might divert the ministry from pursuing their inclinations.
It had been concluded to take effectual measures for driving the French from the Ohio; and for the reduction of Niagara, Crown-Point, and their forts in Nova-Scotia. General Braddock was accordingly sent from Ireland to Virginia, with two regiments of foot; and when arrived, and joined by the rest of the forces destined for that service, found himself at the head of about 2200 men. He had bravery, but wanted other qualifications to render him fit for the service to which he was appointed. His severity prevented his having the love of the regulars; his haughtiness, the love of the Americans; and, what was worse, disgusted the Indians, and led him to despise the country militia, and to slight the advice of the Virginia officers. Colonel Washington earnestly begged of him, when the army was marching for fort Du Quesne, to admit of his going before, and scouring the woods with his rangers, which was contemptuously refused. The general had been cautioned by the duke of Cumberland, to guard against a surprise; and yet he pushed on heedlessly with the first division, consisting of 1400 men [July 9, 1755.] till he fell into an ambuscade of 400, chiefly Indians, by whom he was defeated and mortally wounded, on the ninth of July. The regulars were put into the greatest panic, and fled in the utmost confusion; the militia had been used to Indian fighting, and were not so terrified. The general had disdainfully turned them into the rear: they continued in a body, unbroken, and served under colonel Washington as a most useful rear-guard; covered the retreat of the regulars, and prevented their being entirely cut off.
Previous to this, and agreeable to the views of the British ministry, the Massachusetts assembly, who had never been remiss upon the prospect of a French war, raised a body of troops, which XCIIIwere sent to Nova-Scotia, to assist lieutenant governor Lawrence in driving the French from their several encroachments within that province. The secrecy and dispatch used in this service, was rewarded with success.
The expedition against Niagara was entrusted with governor Shirley; but failed through various causes.
Sir William (then colonel) Johnson, appointed to go against Crown-Point. The delays, slowness, and deficiency of preparations, prevented the several colonies joining their troops till about August. Meanwhile the active enemy had transported forces from France to Canada, marched them down to meet the provincials, and attacked them; but, meeting with a repulse, lost six hundred men, besids having their general, baron Dieskau, wounded and made prisoner.
The Massachusetts the next year, raised a great armament to go to Crown-Point; but lord Loudon, on his arrival, did not think it proper that the forces should proceed. Afterward a temporary misunderstanding took place between his lordship and the general court; from his apprehending that they thought a provincial law necessary to enforce a British act of parliament, and were willing to dispute upon that subject. He determined to have no dispute, but that the troops under his command should be quartered agreeable to what he thought the public good required; and wrote to governor Pownall [Nov. 15, 1757.] “I have ordered the messenger to wait but 48 hours in Boston; and if, on his return, I find things not settled, I will instantly order into Boston the three battalions from New-York, Long-Island, and Connecticut; and if more are wanted, I have two in the Jerseys at hand, beside three in Pennsylvania.” Notwithstanding this declaration, on December the sixth, the legislature passed an act which led him to conceive that he was under an absolute necessity of settling the point at once, and therefore he ordered the troops to march. The general court finding how matters were going, did not venture upon extremities, but became pliable; so that his lordship wrote, December 26, “As I can now depend upon the assembly’s making the point of quarters easy in all time coming, I have countermanded the march of the troops.” The general court were certainly terrified; and to remove all unfavorable impressions, said, in the close of the address to the governor [Jan. 6, 1758.] “The authority of all acts of parliament which concern the colonies, and extend to them, is ever acknowledged in all the courts of law, and made the rule of all judicial proceedings in the province. There is not a member of the general court, and we know no inhabitant within the bounds of the government, that ever questioned this authority. To prevent XCIVany ill consequences that may arise from an opinion of our holding such principles, we now utterly disavow them, as we should readily have done at any time past, if there had been occasion for it; and we pray that his lordship may be acquainted therewith, that we may appear in a true light, and that no impressions may remain to our disadvantage.” However they might not question, whether the authority of acts of parliament, concerning and extending to the colonies, was made the rule of all judicial proceedings in the province; yet you are not to infer from their disavowal of the contrary principle, that they admitted the right of parliament, either to impose internal taxes, or to controul their colonial government.
When, happily for the British nation, the great Mr. Pitt was placed at the head of the ministry, the face of affairs was soon changed; the war was prosecuted with unexampled success, and the enemy at length driven out of America. But the frequent delays given to the raising of the necessary supplies, especially in proprietary governments, through the refusal of their governors or councils, to admit that the estates of the proprietors should be taxed, led Mr. Pitt to tell Mr. Franklin, that when the war closed, was he in the ministry, he should take measures to prevent its being in the power of the colonies to hinder government’s receiving the supplies that were wanted; and he added, that, was he not in the ministry, he would advise his successors to do it. What these measures were he did not mention. But toward the close of 1759, or the beginning of 1760, Mr. Pitt wrote to Francis Fauquier, esq. lieutenant governor of Virginia, and mentioned in his letter, that though they had made grants to the colonies, yet, when the war was over, they should tax them, in order to raise a revenue from them. Mr. Fauquier, in his answer, expressed his apprehension that the measure would occasion great disturbance. The answer might divert Mr. Pitt from his intention. Many months before, the present lord Camden (then Mr. Pratt) said to Mr. Franklin, in a course of free conversation, “For all what you Americans say of your loyalty, I know you will one day throw off your dependance upon this country; and notwithstanding your boasted affection to it, will set up for independence.” The other answered, “No such idea is entertained in the mind of the Americans; and no such idea will ever enter their heads, unless you grossly abuse them.” “Very true (replied Mr. Pratt) that is one of the main causes I see will happen, and will produce the event.”
The colonies in general, and the Massachusetts in particular, complied with the requisitions of the minister, and shewed themselves ready to support his plans for the reduction of the French XCVpower. To assist and encourage their extraordinary exertions, the parliament granted them during the war, at different periods, no less than £.1,031,666 13s. 4d. But though the large importation of specie annually, did not answer one half or their expences, it was still of such benefit to each government, that they cheerfully seconded the views of ministry. Upon application from admiral Saunders, the squadron employed against Louisburg and Quebec, was supplied by 500 seamen from the Massachusetts; beside, many were at several times impressed out of vessels on the fishing banks. The colonies lost by the war 25,000 of their robust young men, exclusive of sailors. The Massachusetts continually raised the full number of troops assigned them; nor was it to be ascribed to the peculiar address of Mr. Pownall, who guided them with a silken cord, and by praising them plentifully, and flattering their vanity, did business with them in an easy manner; for it was the same after he was succeded by governor Bernard. [August 13, 1760.] Beside their annual quota of men, in some years of the war they garrisoned Louisburg and Nova-Scotia, which gave the regular forces opportunity for retaining Canada. The whole cost they were at upon these accounts, and for scouting companies sent into the Indian country, and for two armed vessels built and maintained for the protection of the trade, amounted to £.754,598 10s. 10½d. sterling. In this sum, the expence of many forts and garrisons on the frontiers is not included. Add, that no estimate can be made of the cost to individuals, by the demand of personal service. They that could not serve in person, who were much the greater number, when it came to their turn, were obliged to hire substitutes at a great premium. They also who could not be impressed, to lighten the burdens of others, advanced largely for encouraging the levies. Moreover, the taxes were exceeding heavy. A Boston gentleman, of reputation and fortune, sent one of his rate bills to a correspondent in London, for his judgment on it; and had for answer, “That he did not believe there was a man in all England who paid so much in proportion toward the support of government.” Such was the assessment of the town in one of the years, that if a man’s income was £.60 per annum, he had to pay two-thirds or £.40 and in that proportion whether the sum was more or less; and if his house or land was valued at £.200 per annum, he was obliged to pay £.72 He had also to pay for his poll, and those of all the males in his house, more than sixteen years old, at the rate of 14s. 3d. each: and to all must be added, the part he paid of the excise on tea, coffee, rum, and wine.[67] Other towns and colonies might not XCVIhave been assessed so exorbitantly, but some must certainly have been burdened with taxes.
The above statement of expences is thought to be more correct than what governor Bernard transmitted, in his letter of August 1, 1764, to the lords of trade, in which he wrote, “From 1754 to 1762, the sums issued amount to £.926,000 sterling; out of which deduct, received by parliamentary grant, £.328,000 and the ordinary expences of government estimated at £.138,000 there remains £.490,000 that is near £500,000 sterling expended by this province in the extraordinary charges of the war within eight years. An immense sum for such a small state! the burden of which has been grievously felt by all orders of men.—Whereas if we compare this with the southern governments, Pennsylvania for instance, which has expended little more than they have received from parliament, and Maryland which has expended scarce any thing at all, we cannot sufficiently admire the inequality of the burden between one province and another, and when Pennsylvania has not been prevented by domestic dissensions, and have as it were done their best, they have sent to the field only 2,700 men, when this province has sent 5,000—5,500, and one year 7,000. And notwithstanding the vast sums this province has raised, is has, by severe taxations, kept its debt under.
The first part of governor Bernard’s administration was agreeable to the Massachusetts general court. The two houses, in answer to his speach, [May, 1761.] said, “It gives us pleasure to see, that the civil rights of the people are not in danger; nor are we in the least degree suspicious, that they ever will be, under your excellency’s administration. The experience we have had of your excellency’s disposition and abilities, encourage us to hope for a great share of public happiness under your administration.” The next year the governor told them, at the close of the session, [April 23, 1762.] “The unanimity and dispatch with which you have complied with the requisitions of his majesty, require my particular acknowledgment.” In his sheech he said, “Every thing that has been required of this province, has been most readily complied with.”
[May 31, 1763.] Both houses in their address to him expressed themselves thus: “We congratulate your excellency upon that unanimity which your excellency recommends, and which was never greater in the province than at that time.”—The governor at the close of the session, declared his great satisfaction, in having observed, that the unanimity they assured him of, had fully evinced itself throughout all their proceedings. XCVIIBut the lieutenant governor, Mr. Hutchinson, gained after a while too much ascendency over him, and encouraged him in the pursuit of wrong measures, highly offensive to the colony. He had indeed done him an irreparable injury, not long after his coming to the chair. Colonel James Otis (who was repeatedly returned for Barnstable, in Plymouth county, notwithstanding the strenuous efforts which had been made to prevent it, on account of his siding with government) being a lawyer, had been promised by Mr. Shirley, when in the chair, to be made a judge of the superior court, upon an opportunity’s offering. The first vacancy which happened, was filled up by the appointment of the secretary’s son-in-law; for which Mr. Shirley apologized by pleading a promise made to the secretary, and his having forgotten the former one. Mr. Otis was satisfied with a fresh assurance of the next vacancy, which was considered by him in the light of a governmental promise; and it was expected that whenever a new vacancy happened, Mr. Otis would be appointed. There was no new vacancy till a short time after governor Bernard entered upon his administration, when chief justice Sewall died.—Upon this death, Mr. James Otis, the son, of whom there will be a call to make frequent mention, expressed himself as follows: “If governor Bernard does not appoint my father judge of the superior court, I will kindle such a fire in the province as shall singe the governor, though I myself perish in the flames.” Mr. Hutchinson, however hurried to Mr. Bernard, procured a promise, which being once given, the governor would not retract, and got himself appointed chief justice, by which he gratified both his ambition and covetousness, his two ruling passions. The friends of government regretted the appointment, foreboding the evils it would produce. The governor lost the influence and support of colonel Otis. The son quitted the law place he held; would never be persuaded to resume it, or to accept of another; joined himself to the party which was jealous that the views of administration were unfavorable to the rights of the colony, and stood ready to oppose all encroachments; and soon became its chief leader. He signalised himself by pleading in a most masterly manner, against granting writs of assistance to custom-house officers. These writs were to give them, their deputies, &c. a general power to enter any houses, &c. that they would say they suspected. The custom-house officers had received letters from home, directing them to a more strenuous exertion in collecting the duties, and to procure writs of assistance. The idea of these writs excited a general alarm. A strong jealousy of what might be eventually the effect of them upon the liberties of the people, commenced. They might prove introductory to the most horrid XCVIIIabuses; which the meanest deputy of a deputy’s deputy might practise with impunity, upon a merchant or gentleman of the first character; and there would be the greater danger of such abuses, by reason of the immense distance of the scene of action from the seat of government. The voice of the complainant would not be heard three thousand miles off, after the servants of government had deafened the ears of administration by misrepresentations. From this period may be dated the fixed, uniform, and growing opposition which was made to the ministerial plans of encroaching upon the original rights and long established customs of the colony. In 1761, the officers of the customs applied to the superior courts for such writs. The great opposition that was made to it, and the arguments of Mr. Otis, disposed the court to a refusal; but Mr. Hutchinson, who had obtained the place of chief justice, prevailed with his brethren to continue the cause till next term; and in the mean time wrote to England, and procured a copy of the writ, and sufficient evidence of the practice of the exchequer there, after which, like writs were granted. But before this was effected, Mr. Otis was chosen one of the representatives for Boston, by the influence of the friends to liberty; whose jealousies there and elsewhere, afterward increased apace, upon hearing that the British officers insisted frequently upon the necessity of regulating and reforming, as they stiled it, the colonial governments; and that certain travellers were introduced to particular persons [1762.] with a—“This is a gentleman employed by the earl of Bute to travel the country, and learn what may be proper to be done in the grand plan of reforming the American governments.” It was understood that their business was to make thorough observation upon the state of the country, that so the ministry might be enabled to judge what regulations and alterations could safely be made in the police and government of the colonies, in order to their being brought more effectually under the government of parliament. They were also, as much as possible, to conciliate capital and influential characters, to ministerial measures speedily to be adopted. The British ministry have been greatly mistaken, in supposing it is the same in America as in their own country. Do they gain over a gentleman of note and eminence in the colonies, they make no considerable acquisition. He takes few or none with him; and is rather despised than adhered to by former friends. He has not, as in Britain, dependants who must act in conformity to his nod. In New-England especially, individuals are so independent of each other, that though there may be an inequality in rank and fortune, every one can act freely according to his own judgment.
XCIXBut nothing, it may be, excited a greater alarm in the breasts of those to whom it was communicated, than the following anecdote, viz. The Rev. Mr. Whitefield, ere he left Portsmouth in New-Hampshire, on Monday afternoon, April the second, 1764, sent for Dr. Langdon and Mr. Haven, the congregational ministers of the town, and upon their coming and being alone with him, said, “I can’t in conscience leave the town without acquainting you with a secret. My heart bleeds for America. O poor New-England! There is a deep laid plot against both your civil and religious liberties, and they will be lost. Your golden days are at an end. You have nothing but trouble before you. My information comes from the best authority in Great Britain. I was allowed to speak of the affair in general, but enjoined not to mention particulars. Your liberties will be lost.”[68] Mr. Whitefield could not have heard what the commons did in the preceding month; his information must have been of an earlier date, and might have been communicated before he left Great Britain. Beside the general design of taxing the colonies, the plan was probably, this in substance—Let the parliament be engaged to enter heartily and fully into American matters; and then under its sanction let all the governments be altered, and all the councils be appointed by the king, and the assemblies be reduced to a small number like that of New-York. After that, the more effectually to secure the power of civil government by the junction of church influence, let their be a revisal of all the acts in the several colonies with a view of setting aside those in particular, which provide for the support of the ministers. But if the temper of the people make it necessary, let a new bill for the purpose of supporting them pass the house, and the council refuse their concurrence; if that will be improper, then the governor to negative it. If that cannot be done in good policy, then the bill to go home and let the king disallow it. Let bishops be introduced, and provision be made for the support of the episcopal clergy. Let the congregational and presbyterian clergy, who will receive episcopal ordination, be supported; and the leading ministers among them be bought off by large salaries.—Let the liturgy be revised and altered. Let episcopacy be accommodated as much as possible to the cast of the people. Let places of power, trust and honor, be conferred only upon episcopalians, or those that will conform. When episcopacy is once thoroughly established, increase its resemblance to the English hierarchy at pleasure.
CThese were the ideas which a certain gentleman communicated to Dr. Stiles,[69] when they were riding together in 1765. The Doctor, after hearing him out, expressed his belief, that before the plan could be effected, such a spirit would be roused in the people as would prevent its execution. The good man groaned and replied, “If the commotions now existing prevail on the parliament to repeal the stamp-act, I am afraid the plan cannot be accomplished.
In reference to alterations in the civil line, Dr. Langdon informed me, that governor Wentworth told him, the Massachusetts and New-Hampshiere were to be one government, under one governor; the Doctor thought the design of joining Rhode-Island with them was also mentioned, though of this he could not be certain. The New-England colonies would have suffered most by the proposed alterations, while they deserved it the least and were entitled for their ready exertions, to a return expressive of gratitude. Many of the common soldiers, who gained such laurels, by their singular bravery on the plains of Abraham, when Wolfe died in the arms of victory, were natives of the Massachusetts-Bay. When Martinico was attacked in 1761, and the British force was greatly weakened by the death and sickness, the timely arrival of the New-England troops, enabled the former to prosecute the reduction of the island to an happy issue. A part of the British force being now about to sail from thence for the Havannah, the New-Englanders, whose health had been much impaired by service and the climate, were sent off in three ships, to their native country for recovery. Before they had completed their voyage they found themselves restored, ordered the ships about, steered immediately for the Havannah, arrived when the British were too much reduced to expect success, and by their junction served to immortalize afresh, the glorious first of August, old stile, in the surrender of the place on the memorable day; they exhibited at the same time, the most signal evidence of devotedness to the parent state. Their fidelity, activity, and courage were such as to gain the approbation and confidence of the British officers.[70]
As to the religious part of the plan, recollect what has been already mentioned of archbishop Secker; carefully peruse Dr. Mayhew’s noted answer to one of his publications, and what is related concerning him in the collection of papers above quoted; and you will scarce doubt, “but that it was the metropolitan’s intention to reduce all the British colonies under episcopal authority.” CIRemember also, that the bishop of Landaff in his sermon of 1766, assures us, that the establishment of episcopacy being obtained, “the American church will grow out of its infant state, be able to stand upon its own legs, and without foreign help, support and spread itself, and then this society will be brought to the happy issue intended.” Mr. Whitefield said upon it, in his letter to Mr. Durell, “supposing his lordship’s assertions true, then I fear it will follow, that a society, which since its first institution hath been looked upon as a society for propagating the gospel, hath been all the while rather a society for propagating episcopacy in foreign parts.”
This letter will close with a few more articles of information. Among the original instructions to Benning Wentworth, esq. governor of New-Hampshire, signed June 30th, 1761, the 27th says, “you are not to give your assent to, or pass any law imposing duties on negroes imported into New-Hampshire:” some of the colonies were for discouraging the introduction of negroes—for which purpose they wished to lay a duty upon them. The 69th contains the following direction, “No school-master to be henceforth permitted to come from England without the licence of the bishop; and no other person now there, or that shall come from other parts, shall be admitted to keep school without your licence first obtained.”
[Feb. 1762.] A law passed in the Massachusetts, entitled, “An act to incorporate certain persons, by the name of The society for promoting Christian knowledge among the Indians in North America; but was disallowed at the court of St. James’s the 20th of May, 1763. Mr. Jasper Mauduit, in his letter to Mr. Bowdoin of April 7, 1763, writes, “So long ago as the 10th of December, I was told at the plantation-office, that this act was opposed by the archbishop and the society for propagating the gospel. Mr. Pownall told me that the bill would not pass; that the lords would not dispute the laudableness of the design, but there were political reasons for not confirming it; that the people might apply the money to oppose the missionaries of the church of England. I answered, I wished that the society for propagating the gospel had employed their missionaries more among the Indians than they had hitherto done in North America.” From what passed, the real reasons for disallowing the bill may be gathered.
LETTER III.
[1763.] Mr. Israel Mauduit, the Massachusetts agent, gave early notice of the ministerial intentions to tax the colonies; but the general court not being called together till the latter end of the year, instructions to the agent, though solicited by him, could not be sent in season.
[1764.] The house of representatives came to the following resolutions—“That the sole right of giving and granting the money of the people of that province, was vested in them as their legal representatives; and that the imposition of duties and taxes by the parliament of Great-Britain, upon a people who are not represented in the house of commons, is absolutely irreconcileable with their rights.” “That no man can justly take the property of another without his consent; upon which original principle, the right of representation in the same body which exercises the power of making laws for levying taxes, one of the main pillars of the British constitution, is evidently founded.”
These resolutions were occasioned by intelligence of what had been done in the British house of commons. It had been there debated in March, whether they had a right to tax the Americans, they not being represented, and determined unanimously in the affirmative. Not a single person present ventured to controvert the right. Soon after, the sugar or molasses act was passed; [April 5.] and “it is certainly true, that till then, no act avowedly for the purpose of revenue, and with the ordinary title and recital taken together, is found in the statute book. All before stood on commercial regulations and restraints.”[71] It is stiled “an act for granting certain duties in the British colonies and plantations in America, for continuing, amending, and making perpetual, an act passed in the sixth year of George the second (entitled an act for the better securing and encouraging the trade of his majesty’s colonies in America) for applying the produce of such duties, &c.” From its perpetuating the sugar act of George II. it is called the sugar or molasses act. It runs thus, “Whereas it is expedient that new provisions and regulations should be established in improving the revenue of this kingdom, and for extending and securing the navigation and commerce between Great-Britain and your majesty’s dominions CIIIin America—And whereas it is just and necessary, that a revenue be raised in America for defraying the expences of defending, protecting, and securing the same—We, the commons, &c. toward raising the same, give and grant unto your majesty, after the 29th of September, 1764, upon clayed sugar, indigo and coffee of foreign produce—upon all wines, except French—upon all wrought silks, Bengals and stuffs mixed with silk of Persia, China, or East-India manufacture—and all calicoes painted, printed or stained there (certain specified duties)—upon every gallon of molasses and syrups, being the produce of a colony not under the dominion of his majesty, the sum of three-pence—the monies arising, after charges of raising, collecting, &c. are to be paid into the receipt of his majesty’s exchequer—shall be entered separate, and be reserved to be disposed of by parliament, toward defraying the necessary expences of defending, &c. the British colonies.” The wording of the act might induce the colonies to view it as the beginning of sorrows; and they might fear that the parliament would go on in charging them with such taxes as it pleased, for such military forces as it should think proper.—This ill prospect seemed to the Americans boundless in extent, and endless in duration.
They objected not to the parliament’s right of laying duties to regulate commerce; but the right of taxing them was not admitted. The ministerial plan sent to Mr. Shirley in 1754, occasioned much conversation on the subject, and the common opinion was, that the parliament could not tax them till duly represented in that body, because it was not just, nor agreeable to the nature of the English constitution. But though few or none were willing to admit the right, the generality were cautious, how they denied the power, or the obligation to submit on the part of the Americans, when the power was exercised. Even Mr. Otis tells us, “we must and ought to yield obedience to an act of parliament, though erroneous, till repealed.”[72] “The power of parliament, is uncontrolable, but by themselves, and we must obey. There would be an end of all government, if one or a number of subordinate provinces should take upon themselves so far as to judge of the justice of an act of parliament, as to refuse obedience to it. If their was nothing else to restrain such a step, prudence ought to do it; for forcibly resisting the parliament and the king’s law is high treason. Therefore let the parliament lay what burthens they please upon us we must, it is our duty to submit, and patiently to bear them, till they will be pleased to relieve us.”[73] He went so far as to publish “It is CIVcertain that the parliament of Great-Britain has a just and equitable right, power and authority, to impose taxes on the colonies, internal and external, on lands as well as on trade.”[74] “The supreme legislative represents the whole society or community, as well the dominions as the realm. This is implied in the idea of a supreme power; and if the parliament had not such an authority, the colonies would be independent.”[75] But the two last quotations were extorted from him through fear of being called to an account for the part he had acted, or for what he had before advanced in print, conversation or debate. His first pamphlet, The Rights of the British Colonies, which had been twice read over in the house of assembly within the space of five days, though guarded by some expressions, had a strong tendency to excite a powerful opposition to ministerial plans; especially where he says, “I cannot but observe here, that if the parliament have an equitable right to tax our trade, it is indisputable, that they have as good a one to tax the lands and every thing else. There is no foundation for the distinction some make in England, between an internal and external tax on the colonies.”[76] These expressions could not but spread a general alarm through the country, and enflame every planter against parliamentary taxation. The house had so high an opinion of this pamphlet, that they ordered it to be sent over to Mr. Mauduit, with a letter, wherein they instructed him to use his indeavours to obtain a repeal of the sugar act, and to exert himself to prevent a stamp act, or any other imposition and taxes upon this and the other American provinces. They do not appear to have made any particular objection to the term revenue introduced into the sugar act; but to have confined their objections to the laying on of the duty, when they were not represented.
The act disgusted the more, because of its being so unseasonable. The duties were to be paid in specie, while the old means of procuring it were cut off. The ministry, resolved to prevent smuggling, obliged all sea officers, stationed on the American coasts, to act in the capacity of the meanest revenue officers, making them submit to the usual custom-house oaths and regulations for that purpose. This proved a great grievance to the American merchants and traders. Gentlemen of the navy were unacquainted with custom-house laws. Many illegal seizures were made. No redress could be had but from Britain, which it was tedious and difficult to obtain. Beside, the American trade with the Spaniards by which the British manufactures were vended in return (for gold and siver in coin or bullion, CVcochineal, &c. as occasion served) was almost destroyed instantly, by the armed ships under the new regulations. The trade was not literally and strictly according to law, but highly beneficial; and a thorough statesman would have declined employing his own navy in crushing it. The trade also from the northern colonies with the French West-India islands was nearly suppressed. These irritating measures strengthened the opposition to the sugar act.
[June 13.] The Massachusetts assembly, who were the first representative body that took the act into consideration, ordered, that Mr. Otis and four others of the house should be a committee in the recess of the court, to write to the other governments, and acquaint them with the instructions voted to be sent to their agent; and that the said committee, in the name and behalf of the house, should desire the several assemblies on the continent to join with them in the same measures. The committee attended to the business; and the end proposed by it was answered: committees were moreover appointed by divers other colonies to correspond with the several assemblies, or committees of assemblies on the continent. Thus a new kind of correspondence was opened between the colonies, tending to unite them in their operations against ministerial encroachments on their privileges, and which proved of great advantage to them afterward.
[Oct. 24.] At the next session a committee was appointed to consider the state of the province, as it might be affected by certain duties and taxes laid, and proposed to be laid by acts of parliament upon the colonies. The consequence was, a committee of the council and house to prepare an address to the parliament. The lieutenant governor, Mr. Hutchinson, who was of the council, was chairman, but declined drawing up any. Several were proposed, which expressed in strong terms an exclusive right in the assembly to impose taxes. He urged the indecency and bad policy, when they had the resolutions of the house of commons before them, of sending an address, asserting, in express words, the contrary. Many days having been spent upon the business, at the desire of the committee he drafted an address, which considered the sole power of taxation as an indulgence of which they prayed the continuance, and it was unanimously agreed to. The petition does not intimate the least denial of the right of parliament to tax them; but sets forth the impolicy of the laws, and the hardships brought upon the petitioners, and prays that they may be relived from the burdens brought upon them by the sugar sct; that the privileges of the colonies relative to their internal taxes, which they have so long enjoyed, may be still continued; CVIor that the consideration of such taxes as are proposed to be laid upon the colonies may be referred, until the petitioners, in conjunction with the other governments, can have an opportunity to make a full representation of the state and condition of the colonies, and the interest of Great-Britain with regard to them. The proceeding of the general court was approved of out of doors, until the copy of the New-York address was received, which was so high, that many of the friends of liberty were mortified at their own conduct, and if possible, would gladly have recalled their own doings.[77]
[Nov. 18.] The Massachusetts petition was forwarded by governor Bernard, and accompanied with a letter to lord Halifax; in which he wrote, “Massachusetts is the only one of the old colonies, that I know of, that enjoys a specie currency. This reflects great honor upon the province itself, as it is a great instance of their prudence, who took hold of a singular opportunity to destroy their paper money, which other colonies who had it equally in their power neglected. But I fear, that if the great sums which are expected to be raised in America are to be transported to Great-Britain, there will soon be an end to the specie currency of the Massachusetts, which will be followed by a total discouragement for other provinces to attempt the same in future. In which case, perpetual paper money, the very negative power of riches, will be the portion of America.” After arguing against the duties, from America’s being unable, for want of a sufficient specie currency, to pay them without being drained of their specie, as it would require a dead stock of three years value of the annual income of the revenues, he added, “If due care be taken to confine the sale of manufactures and Eoropean goods (except what shall be permitted) to Great-Britain only, all the profits of the American foreign trade will necessarily centre in Great-Britain; and therefore if the first purpose is well secured, the foreign American trade is the trade of Great-Britain. The augmentation and diminution, the extension and restriction, the profit and loss of it all, finally comes home to the mother country. It is the interest of Great-Britain, that the trade to both the Spanish and French West-Indies should be encouraged as much as may well be, and the British West-Indies should be taught that equitable maxim, live and let live. It appeared to be the decided opinion of the governor, that the sending home the produce of the duties and taxes proposed, would take from the Americans the means of trade, and render it impracticable for them to make remittances to Great-Britain.
CVIIThe Virginia council and house of burgesses petitioned the king, presented a memorial to the house of lords, ramonstrated to the house of commons. New-York, Rhode-Island, &c. petitioned.
The New-York petition was conceived in such strong terms, and deemed so inflammatory, that their agent could not prevail on any one member of the house to present it.
The colonies denied the parliamentary right of taxation many months before any member of the British parliament uttered a single syllable to that purpose: and the American opposition to the stamp act was fully formed before it was known by the colonists that their cause was espoused by any man of note at home, as Britain is stiled.
Beside the colonial proceedings related above, it must be noted, that the inhabitants of several places met, and agreed not to buy any clothing (they could do without) which was not of their own manufacturing. Divers associations also were formed, all of whom resolved to consume as few British manufactures as possible.
The raising of a revenue from the molasses trade, and a fund to defray the expences of denfeding the colonies, were in contemplation nine years before;[78] but the resolutions taken by the house of commons in the beginning of this year, might be forwarded by Mr. Huske, an American, a native of Portsmouth in New-Hampshire, who a short time before obtained a seat in parliament. Instead of standing forth a firm advocate for the country which gave him birth, he officiously proposed to the house laying a tax on the colonies that should annually amount to five hundred thousand pounds sterling, which he declared they were well able to pay: and he was heard with great joy and attention.[79] He, or some other, recollecting that the stamp act was talked of by the commissioners at Albany in 1754, might suggest that mode of taxing: for whatever was thought, the stamp act was not originally Mr. Grenville’s.[80]
The dispositon to tax the Americans, unless they would tax themselves equal to the wishes of the ministry, was undoubtedly strengthened by the reports of their gaiety and luxuary, which reached the mother country: it was also said, that the planters lived like princes, while the inhabitants of Britain laboured hard for a tolerable subsistence. The officers lately returned, represented CVIIIthem as rich, wealthy, and even overgrown in fortune. Their opinion might arise from observations made in the American cities and towns during the war, while large sums were spent in the country for the support of fleets and armies. American productions were then in great demand, and trade flourished. The people, naturally generous and hospitable, having a number of strangers among them, indulged themselves in many uncommon expences. When the war was terminated, and they had on further apprehension of danger, the power of the late enemy in the country being totally broken—Canada, and the back lands to the very banks of the Missisippi, with the Floridas, being ceded to Great-Britain—it was thought they could not well make too much of those who had so contributed to their security. Partly to do honor to them, and partly, it is to be feared, to gratify their own pride, they added to their show of plate, by borrowing of their neighbours, and made a great parade of riches in their several entertainments. The plenty and variety of provisions and liquors anabled them to furnish out an elegant table at comparatively trifling expence.
Mr. Grenville’s intended stamp act was communicated to the American agents. Many of them did not oppose it. Half their number were placemen, or dependent on the ministry. Mr. Joseph Sherwood, an honest quaker agent for Rhode-Island, refused his assent to America’s being taxed by a British parliament. Mr. Mauduit, the Massachusetts agent, favored the raising of the wanted money of a stamp duty, as it would occasion less expence of officers, and would include the West-India islands. But the scheme was postponed, and the agents authorised to inform the American assemblies, that they were at liberty to suggest any other way of raising monies; and that Mr. Grenville was ready to receive proposals for any other tax that might be equivalent in its produce to the stamp tax. The colonies seemed to consider it as an affront, rather than a compliment. He would not have been content with any thing short of a certain specific sum, and proper funds for the payment of it. Had not the sums been answerable to his wishes, he would have rejected them; and he would scarce have been satisfied with less than £.300,000 per annum, which was judged absolutely necessary to defray the whole expence of the army proposed for the defence of America: he might rather have expected that it should amount to what Mr. Huske had mentioned. No satisfactory proposals being made, he adhered to his purpose of bringing forward the stamp bill, though repeatedly pressed by some of his friends to desist, while he might have done it with honor. Richard Jackson, esq. had been chosen agent for the Massachusetts; he, with Mr. Ingersoll, CIXMr. Garth, and Mr. Franklin, lately come from Philadelphia, waited on Mr. Grenville the second of February, 1765, by desire of the colonial agents, to remonstrate against the stamp bill, and to propose, that in case any tax must be laid upon America, the several colonies might be permitted to lay the tax themselves. At this interview Mr. Jackson opened his mind freely on the subject; and Mr. Franklin, as must be supposed, mentioned, that he had it in instruction from the assembly of Pennsylvania, to assure the ministry, that they should alway think it their duty to grant such aids to the crown as were suitable to their circumstances, whenever called for in the usual constitutional manner. Mr. Grenville, however, pertinaciously adhered to his own opinions; and said, that he had pledged his word for offering the stamp bill to the house, and that the house would hear their objections, &c. &c.
The bill was brought in; and on the first reading, Mr. Charles Townsend spoke in its favor. He took notice of several things that colonel Barre had said in his speech against it; and then concluded with the following or like words: “And now will these Americans, children planted by our care, nourished up by our indulgence, until they are grown to a degree of strength and opulence, and protected by our arms, will they grudge to contribute their mite to relieve us from the heavy weight of that burden which we lie under?”
On this colonel Barre rose, and, after explaining some passages in his speech, took up Mr. Townsend’s concluding words in a most spirited and inimitable manner, saying, “They planted by YOUR care! No, your oppressions planted them in America. They fled from your tyranny, to a then uncultivated and unhospitable country, where they exposed themselves to almost all the hardships to which human nature is liable; and, among others, to the cruelties of a savage foe, the most subtle, and I will take upon me to say, the most formidable of any people upon the face of God’s earth; and yet, actuated by principles of true English liberty, they met all hardships with pleasure, compared with those they suffered in their own country, from the hands of those that should have been their friends. They nourished up by YOUR indulgence! They grew by your neglect of them. As soon as you began to care about them, that care was exercised in sending persons to rule them, in one department and another, who were, perhaps, the deputies of deputies to some members of this house, sent to spy out their liberties, to misrepresent their actions, and to pry upon them—men, whose behaviour on many occasions, has caused the blood of those sons of liberty to recoil within them—men promoted to the highest seats of justice; some who CXto my knowledge were glad, by going to a foreign country, to escape being brought to the bar of a court of justice in their own. They protected by YOUR arms! They have nobly taken up arms in your defence; have exerted a valor, amidst their constant and laborious industry, for the defence of a country, whose frontier was drenched in blood, while its interior parts yielded all its little savings to your emolument. And believe me, remember I this day told you so, that same spirit of freedom, which actuated that people at first, will accompany them still—but prudence forbids me to explain myself further. God knows I do not at this time speak from motives of party heat; what I deliver are the genuine sentiments of my heart. However superior to me in general knowledge and experience the respectable body of this house may be, yet I claim to know more of America than most of you, having seen and been conversant in that country. The people, I believe, are as truly loyal as any subjects the king has; but a people jealous of their liberties, and who will vindicate them if ever they should be violated—but the subject is too delicate—I will say no more.” These sentiments were thrown out so entirely without premeditation, so forcibly and so firmly, and the breaking off was so beautifully abrupt, that the whole house sat a while amazed, intently looking, without answering a word.
The London merchants trading to America, being much alarmed on account of their outstanding debts, petitioned against the stamp act. Their petition was offered at the second reading of the bill. The rule of the house, never to receive petitions against money bills, was urged. General Conway observed, that it appeared undeniable, that the practice was by no means invariable; at best it was but a practice of convenience, from which they ought, in the present instance, to vary. The ministry publicly declared, “That it was intended to establish the power of Great-Britain to tax the colonies.” They were induced to make a point of it, because most of the petitions from thence denied, in the strongest terms, the right of Britain to impose taxes. It was evident that the ministerial forces would prevail, the petition of the London merchants was therefore withdrawn. After that the others from the colonies were offered, but rejected upon the plea taken from the rule of the house. During the debate upon the bill, in this stage of it, “General Conway denied the right of parliament to tax the Americans, in the most peremptory manner; and urged, with great vehemence, the many hardships, and what he was pleased to call absurdities that would follow from the contrary doctrine and practice.”[81] Alderman Beckford also CXIdisputed the right of parliament, according to Mr. Ingersoll’s letter.
The supporters of the stamp act insisted much upon the colonies being virtually represented, and mentioned Leeds, Halifax, Birmingham, Manchester, &c. as enjoying a virtual representation. Whoever had a recourse to a virtual representation of the colonies, in vindication of the parliament’s taxing them, therein acknowledged, that there ought not to be taxation without representation. But the difference between Leeds, Halifax, &c. and the American colonies, is as wide as the Atlantic. The landholders of those towns enjoy a real representation, if their freeholds yield a certain annual income. Many of the inhabitants have a choice in the election of members, in one place or another. The general interests of the freeholders and tenants, electors and non-electors, are so interwoven, that all are liable to be equally affected by the same common taxes. The one pays the same duty on his sugar, tea, coffee, and chocolate, as the other. The relative connection between them, produces what may be called, with a kind of propriety, a virtual representation; answering, though in a lower degree, to what the family of a freeholder or freeman enjoys. But was all the soil in the British colonies a man’s freehold, it would not give him a single vote for any one member of parliament. There is not an individual in them, who, should he cross the Atlantic, would have a right to vote in any election, by virtue of any privileges enjoyed in America. He must be a freeholder of Britain, or a freeman of some British city, borough, or corporation, and have a British qualification, before he can elect or be elected. The interests of America and Britain are not interwoven, as are those of British electors and non-electors. If the British parliament impose taxes on the Americans, Britons do not bear with them their part and proportion in the said taxes. The former are burdened that the latter may be eased. The monies raised have the nature of a tribute exacted from a conquered people in a slavish dependence, and not of a tax voluntarily granted by the voice of freemen, through their own elected representatives, paying scot and lot with themselves, for the support of government. Beside, the British parliament are so far removed from America, that they cannot obtain that full information respecting the colonies which ought always to accompany the exercise of a taxing power.
When the question upon the bill, in its last stage, was brought to a vote, there were about 250 for, and 50 against it. In the house of lords, so strong was the unanimity, that there was not a single syllable uttered against the bill; and on the twenty-second of March, it obtained the royal assent. The night after it was CXIIpassed, Dr. Franklin wrote Mr. Charles Thomson,[82] “the sun of liberty is set; you must light up the candles of industry and œconomy.” Mr. Thomson answered, he was apprehensive that other lights would be the consequence, and predicted the opposition that followed.
The framers of the stamp act flattered themselves, that the confusion which would arise upon the disuse of writings, would compel the colonies to use the stamp paper, and therefore to pay the taxes imposed. Thus they were led to pronounce it, a law which would execute itself. Mr. Grenville, however, appears to have been apprehensive that it might occasion disorders; to prevent or suppress which, he projected another bill, which was brought in the same session, whereby it was to be made lawful for military officers in the colonies, to quarter their soldiers in private houses. This seemed intended to awe the people into a compliance with the other act. Great opposition being made to it, as under such a power in the army, no one could look on his house as his own, that part of the bill was dropt; but there still remained a clause, when passed into a law, to oblige the several assemblies to provide quarters for the soldiers, and to furnish them with firing, bedding, candles, small beer, rum, and sundry other articles, at the expence of the several provinces; which continued in force when the stamp act was repealed. It equally militated with the other against the American principle, That money is not to be raised on English subjects without their consent.
Whatever might be urged, government was under no necessity of adopting the mode of taxing the colonies for their defence, and the securing of the new ceded countries. Though after the general peace an Indian war might be continued or renewed, that was no reason for continuing British forces in America. The colonists were better able to deal with them than the regulars. The new ceded countries required no great number of troops to secure them. The colonies were at hand to support the British garrisons in case assistance was wanted: and they had repeatedly shewed their readiness upon former occasions. The idea of a dangerous enemy upon the American continent, was at an end; and the British administration must have been inexcusable, had they not guarded against the transferring of one from Europe. It was become futile to exclaim—“Shall it depend upon the resolutions of a Philadelphia assembly, whether our fellow subjects shall arm in defence of liberty and property? Does the fate of a whole continent bear any proportion to an almost imperceptible encroachment upon the important privilege of an American, deliberating for a year or two, whether he will CXIIIpay six-pence in the pound to save himself and family from perdition?” The danger of perdition was a mere bugbear, which might frighten the ignorant into an apprehension that it was absolutely necessary to maintain an army in America, for the expence of which the colonies should be made to answer; but the Americans knew better than to startle at the spectre. Had no more troops been stationed upon the American continent than circumstances called for, the ministry might have obtained all the aids it was reasonable for the colonies to have given, by the old mode of requisition. From the time that they were first considered as capable of granting aids, the constant mode of obtaining them, was by requisition from the crown, through the governors to the several assemblies; and the ministers, from Charles II. to the present king, most effectually recognised the distinction between parliamentary superintendance and taxation, in their requisitions to the colonies to raise men and money by acts of assembly. Had this happy method been continued, all the money that could have been justly expected from them in any manner, might have been procured without the least breach of that harmony which so long subsisted between the colonies and the mother country; and it was not acting wisely to thwart unnecessarily the prejudices of the Americans. But the imposition of taxes upon them might be introductory to, or a part of the plan for overturning their civil and religious liberties, alluded to by the Rev. Mr. Whitefield, before even the sugar act had passed.
The stamp act having passed, the colony agents waited upon Mr. Wheatley by desire, who told them, that Mr. Grenville did not think of sending from Great-Britain stamp officers, but wished to have discreet and respectable persons appointed from among the inhabitants; and that he would be obliged to them to point out to him such persons. Thus the agents were drawn in to nominate. Dr. Franklin recommended Mr. Hughes to be chief distributor of stamps in Pennsylvania, and Mr. Cox in the Jerseys; and being consulted by Mr. Ingersoll, advised him to accept, adding, go home and tell your countrymen to get children as fast as they can—thereby intimating his opinion of the oppression the colonists were under, and of their present inability to make effectual resistance; but that they ought, when sufficiently numerous, to shake off the yoke and recover their liberty. It is apparent from the recommendations, and the appointments made in consequence of the nominations, that the agents were far from thinking that such disturbances would have been occasioned by the stamp act, or they would have spared their friends. They certainly expected the act would have gone CXIVdown, and the stamp papers have been used. But it was the reverse.
A general discontent through the Massachusetts discovered itself immediately on the first advice of the acts having passed; but there was no other expectation among the bulk of the people, than that the act would be submitted to, and the duty paid; and several who afterward opposed it violently, made interest with the distributor, that they or their friends might obtain appointments. The newspapers, indeed, groaned for the loss of liberty; however, nothing extravagant appeared in them; but the friends to the claims of the colonies, pleased with Barre’s sheech, and what he had pronounced the Americans, assumed to themselves the title of—SONS OF LIBERTY.
In Connecticut the inhabitants were quite inattentive to the fatal consequences that the act might draw after it in some distant period. The judges themselves, several of whom were of the council, appeared perfect secure, and were no ways alarmed. The Rev. Mr. Stephen Johnson of Lyme, vexed and grieved with the temper and inconsiderateness of all orders of people, determined, if possible, to rouse them to a better way of thinking. He consulted a neighbouring gentleman, an Irishman by birth, who undertook to convey the pieces he might pen to the New-London printer, so secretly as to prevent the author’s being discovered. Three or four essays were published upon the occasion. The eyes of the public began to open, and fears were excited. Other writers engaged in the business, while the first withdrew, having fully answered his intention. The congregational ministers saw further into the designs of the British administration than the bulk of the colony; and, by their publications and conversation, increased and strengthened the opposition.—It became so considerable, that when governor Fitch proposed that he and the counsellors should be sworn agreeable to the stamp act, colonel Trumbull[83] went out, and refused even to witness to the transaction. Others followed this spirited example, and only four of the council remained.
In Virginia a general disposition appeared to submit to the stamp act: but George Johnston and Patrick Henry, esqrs. consulted together; and afterward, at the close of the sessions, when there was but a thin house, many members being absent preparing to return home, Mr. Henry brought in a number of resolves.—They were as follows, viz. “Whereas the honorable house of commons in England, have of late drawn into question how far the general assembly of this colony hath power to enact laws for laying of taxes and imposing duties, payable by the people of this CXVhis majesty’s most ancient colony—for settling and ascertaining the same to all future times, the house of burgesses of this present general assembly, have come to the following resolves:
Resolved, That the first adventurers, settlers of this his majesty’s colony and dominion of Virginia, brought with them and transmitted to their posterity, and all other his majesty’s subjects since inhabiting in this his majesty’s said colony, all the liberties, privileges, franchises, and immunities, that have at any time been held, enjoyed, and possessed by the people of Great-Britain:
Resolved, That by two royal charters, granted by king James I. the colonists aforesaid are declared and entitled to all liberties, privileges and immunities of denizens and natural subjects, to all intents and purposes, as if they had been abiding and born within the realm of England:
Resolved, That his majesty’s liege people of this ancient colony have enjoyed the right of being thus governd by their own assembly, in the articles of taxes and internal police; and that the same have never been forfeited, or any other way yielded up, but have been constantly recognised by the king and people of Britain:
Resolved therefore, That the general assembly of this colony, together with his majesty or his substitutes, have in their representative capacity, the only exclusive right and power to lay taxes and imposts upon the inhabitants of this colony; and that every attempt to vest such power in any other person or persons whatsoever, than the general assembly aforesaid is illegal, unconstitutional, and unjust, and hath a manifest tendency to destroy British as well as American liberty:
Resolved, That his majesty’s liege people, the inhabitants of this colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws and ordinances of the general assembly aforesaid:
Resolved, That any person who shall, by speaking or writing, assert or maintain, that any person or persons, other than the general assembly of this colony, have any right or power to impose or lay any taxation on the people here, shall be deemed an enemy to this his majesty’s colony.”
Upon reading these resolves the Scotch gentlemen in the house, cried out treason, &c. They were however adopted.—The next day, some old members got them revised, though they could not carry it to reject them. As revised they stand thus on the printed journals of the house of burgesses.
Resolved, That the first adventurers, &c. &c. as above:
Resolved, That by two royal charters, &c. &c.
Resolved, That the taxation of the people by themselves, or by persons chosen by themselves to represent them, who can only know what taxes the people are able to bear, or the easiest method of raising them, and must themselves be effected by every tax laid on the people, is the only security against a burdensome taxation, and the distinguishing characteristic of British freedom, without which the ancient constitution cannot exist:
Resolved, That his majesty’s liege people of this his most ancient and loyal colony, have, without interruption, enjoyed the inestimable right of being governed by such laws, respecting their internal policy and taxation, as are derived from their own consent, with the approbation of their sovereign or his substitute; and that the same hath never been forfeited or yielded up, but hath been constantly recognised by the king and people of Great-Britain.
[June 1.] Lieutenant-governor Farquier dissolved the house of burgesses upon being made acquainted with their resolves.
A manuscript of the unrevised resolves soon reached Philadelphia, having been sent off immediately upon their passing, that the earliest information of what had been done might be obtained by the sons of liberty. From thence the like was forwarded on the seventeenth of June. At New-York the resolves were handed about with great privacy: they were accounted so treasonable, that the possessors of them declined printing them in that city. The Irish gentleman alluded to above, being there, inquired after them, and with much precaution was admitted to take a copy.—He carried them to New-England, where they were published and circulated far and wide in the newspapers, without any reserve, and proved eventually the occasion of those disorders which afterward broke out in the colonies. Till they appeared, it was thought that the Rhode-Islanders would submit. Murmurs indeed were continually heard; but they seemed to be such as would die away. The Virginia resolutions gave a spring to all the disgusted, and they began to adopt different measures.
The Massachusetts assembly had hit upon a wise and quiet mode of seeking address, before ever they could be acquainted with what had been done in Virginia. It was projected and brought on by Messrs. Otis, father and son. They were visiting at James Warren’s, esq. of Plymouth, a son and brother-in-law, he having married Miss Otis. The state of public affairs, and how to get rid of the burdens coming upon the colonies, were the CXVIIsubjects of conversation. Congresses had often been held, and though there was no precedent of any one’s being called, but at the instance of persons authorised or employed by the ministry, excepting the first congress we read of, which was proposed by the Massachusetts general court in 1690; yet no reasonable objection could be made against holding one upon the present emergency, notwithstanding it might want the sanction of administration.—It was agreed to forward the meeting of a congress as a proper method for obtaining the removal of American grievances. The matter was moved in the house of assembly; [June 6.] the consequence was, an agreement, that “It is highly expedient there should be a meeting, as soon as may be, of committees from the houses of representatives or burgesses in the several colonies, to consult on the present circumstances of the colonies, and the difficulties to which they are and must be reduced, and to consider of a general address—to be held at New-York, the first Tuesday of October.” Within two days, a letter was drafted to be sent to the several speakers; and at the close of a fortnight, James Otis, jun. Oliver Partridge, and Timothy Ruggles, esqrs. were chosen the committee for the Massachusetts. The governor, in his account to the lords of trade, said, “It was impossible to oppose this measure to any good purpose; and therefore the friends of government took the lead in it, and have kept it in their hands. Two of the three chosen are fast friends to government, prudent and discreet men, such as I am assured will never consent to any improper applications to the government of Great-Britain.” Lieutenant governor Colden designedly prorogued the meeting of the New-York assembly, till after the time appointed for the congress; but the committee ordered, by the vote of the house of the eighteenth of October 1764, to be a committee during the recess, to write to and correspond with the several assemblies or committees of assemblies on the continent, did, by virtue of that order, meet in congress; and the house afterward approved of their conduct on the twentieth of November; and moreover resolved, “that for the obtaining relief from the operation and execution of the stamp act, and other acts for levying duties and taxes on the colonies, humble petitions be prepared to the king, the house of lords, and the house of commons, as nearly similar to those drawn up by the congress as the particular circumstances of the colony will admit.”
The assemblies of Virginia, North-Carolina and Georgia, were prevented, by their governors, having the opportunity of sending committees to congress. The Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, CXVIIIPennsylvania, the Delaware Counties, and South-Carolina, had their respective committees present at the place appointed; and Mr. Ruggles was chosen chairman. The petition to the house of commons being finished, was signed, though only by member from six colonies; the committees from Connecticut, New-York and South-Carolina, not having been sufficiently empowered. Mr. Ruggles, took leave of the members, Thursday evening the twenty-fourth of October, and came off the next morning without signing; for which he was afterward censured by the Massachusetts assembly. Mr. Otis was upon the point of trespassing in like manner; but was prevented by the influence of Mr. Thomes Lynch of the South-Carolina committee. The congress dissolved on October the twenty-fifth, having finished the business to which they had been appointed. The colonies that could not send committees, showed, as opportunities offered, their approbation of what had been done, by forwarding to their agents petitions to the like purpose with that of congress. New-Hampshire had excused their not sending to congress, from the then situation of their governmental affairs; but the speaker laying before the assembly the proceedings of congress, on November the twenty-second, they voted unanimously, “That this house do fully approve of, and heartily join in the resolves and several petitions agreed to by the said general congress; and that the speaker, with two others, (all whose names are mentioned) be empowered to sign the same in behalf of this house, if not too late; if the general petitions are forwarded, in that case the said petitions be fairly engrossed, that they sign them in behalf of the house, and forward them, with duplicates, to Barlow Trecothick and John Wentworth, esqrs. who are appointed special agents for the house, and are empowered and desired to present the said petitions, &c.” The committee wrote to these agents on December the sixth, and concluded with saying, “We in this province have not been so boisterous and irregular as some others, not because we are insensible of our distresses, but because we though the present method most likely to obtain relief.”
The Virginia resolves having had their full operation, and the spirits of the people being highly inflamed, the colonial disturbances break out upon the following occasion. Messrs. John Avery, jun. Thomas Crafts, John Smith, Henry Welles, Thomas Chace, Stephen Cleverly, Henry Bass, and Benjamin Edes, to manifest their abhorrence and detestation of those persons who they supposed were endeavouring to subvert the British constitution to enslave the colonies, and to alienate the affections of his majesty’s most faithful subjects in America, provide and hang out early in the morning of August the fourteenth, upon the CXIXlimb of a large old elm, toward the entrance of Boston, over the most public street, two effigies, one of which by the labels appear to be designed for the stamp officer; the other is a jack boot, with a head and horns peeping out of the top. Not only the usual passengers pass under it, but the report spreads, and draws great numbers from every part of the town and the neighbouring country. The affair is left to take its own course; an enthusiastic spirit diffuses itself through the body of the spectators. In the evening the pageantry is cut down, and carried in funeral procession, the populace shouting, liberty and property for ever, no stamps, &c. &c. They direct their way to a new building, lately erected by Mr. Oliver, which they pull down, falsely supposing it to be designed for the tsamp office. They go on to his house, before which they behead his effigy, breaking at the same time all the windows next the street. They then repair to Fort Hill, on the ascent of which stands his house, where they burn his effigy. After this they return to attack his premises; and many of they with clubs, staves, &c. go to work on the garden, fences, barns, &c. Mr. Oliver had prudently retired, leaving a few friends behind to keep possession of the dwelling: these committed some slight indiscretions, the populace are so enraged, that they force themselves into the lower part of it, break the windows and destroy the furniture. They disperse about midnight. The next day [August 15.] Mr. Oliver, fearful of what may otherwise happen declares that he has written to England, and resigned. The mob assemble again at night: and, after some expressions of joy for the resignation, proceed to the lieutenant-governor’s, Mr. Hutchinson’s house, which they besiege for an hour, though in vain, insisting repeatedly upon knowing whether he had not written in favor of the stamp act: at length, through the influence of some discreet persons, they withdrew and finished their evening’s entertainment at a bonfire.
[August 26.] Eleven days after, the disorders grew more enormous and alarming. In the evening a number of persons, disguised and armed with clubs, sticks, &c. collect in King-street, in consequence of a preconcerted plan. They go first to Mr. Paxton’s, marshal of the court of admiralty and surveyor of the port; being assured by the owner of the house, that Mr. Paxton had quitted it with his best effects; and being invited by him to the tavern to drink a barrel of punch, they accept the offer, and the house is saved. Having finished the punch, they proceed to and attack the house of Mr. William Story, deputy register of the court of admiralty; break the windows; force into the dwelling; strip the office of the books and files belonging to the said court; burn and destroy them with many other papers; injure and ruin a great part of his furniture.
CXXIt is the opinion of some, that the first movers in the affair, meant mainly an assault upon the house of the deputy register, who, by various mal-practices, had made himself highly obnoxious to persons doing business in his office. But mobs once raised, soon become ungovernable by new and large accessions, and extend their intentions for beyond those of the original instigators. Crafty men may intermix with them when they are much heated, and direct their operations quite differently from what was at first designed.
How far the scheme of the present mob extended, when it first collected, is hard to say; but upon leaving Mr. Story’s, they proceed to the house of Mr. Benj. Hallowell, comptroller of the customs for Boston; and to the repetition of similar excesses to what have been just committed, add the drinking and destroying of liquors in the cellars, the taking away of wearing apparel, the breaking open of desk and drawers, and the carrying off thirty pounds sterling in money. Many being now inflamed with liquor, and numbers having joined them, they become more riotous, and are ready for any mischief. They hurry away to Mr. Hutchinson’s house with the rage of madmen. He sends off his children, bars his doors and windows, and means to remain; but is soon under the necessity of withdrawing, first to one house, then to another, where he continues till four in the morning, by which time one of the best finished houses in the colony, has nothing remaining but the bare walls and floors. Gentlemen of the army, who have seen towns sacked by an enemy, declare they never before saw an instance of such fury. The rioters carry off about nine hundred pounds sterling, beside plate, family pictures, household furniture of every kind, and the apparel of the lieutenant governor, his children and servants.—They also empty the house of every thing whatsoever, except a part of the kitchen furniture; and scatter or destroy all the manuscripts and other papers he has been collecting for thirty years back, beside a great number of public papers in his custody. The loss of papers is irreparable.
[Aug. 27.] The next day it was strongly reported by the enemies of Dr. Jonathan Mayhew, that he approved of these doings; and had, indeed, encouraged them, in a sermon preached the preceding Lord’s day, on Gal. v. 12, 13. This led him to write immediately to Hutchinson; and in his letter he condoled with him, “on account of the almost unparalleled outrages committed at his house the preceding evening;” and said, “God is my witness, that, from the bottom of my heart, I detest these proceedings; and that I am sincerely grieved for them, and have a deep sympathy with you and your distressed family on this occasion. CXXII did, indeed, express myself strongly in favor of civil and religious liberty, as I hope I shall ever continue to do; and spoke of the stamp act as a great grievance, like to prove detrimental, in a high degree, both to the colonies and the mother country, and I have heard your honor speak to the same purpose. But as my text led me to do, I cautioned my hearers very particularly against the abuses of liberty, and expressed my hopes, that no persons among ourselves had encouraged the bringing of such a burden on their country, notwithstanding it had been strongly suspected. In truth, Sir, I had rather lose my hand than be an encourager of such outrages as were committed last night. I do not think my regard to truth was ever called into question by those that knew me; and therefore hope your honor will be so just as to give entire credit to these solemn declarations.”
This same day the superior court began its term. The chief justice, Mr. Hutchinson, attended in his only suit, and necessarily without those ensigns of office so wisely calculated to procure regard to authority; while the other gentlemen of the bench and bar, appeared in their respective robes. The court refused to do any business, and adjourned to the fifteenth of October, to show their resentment of the insult offered to the lieutenant governor, as well as their sense of the anarchy to which the government was reduced. Half a dozen of the dregs of the people, who, being taken up, refused to discover the ringleaders, were committed. Three broke jail and fled, against one of whom a bill was found; against the other three in custody none was found; for it was not thought safe to prosecute. The temper of the public would not admit of it, without hazarding further disturbances; and for that reason, one who was capitally charged with being a principal in the riot, and secured, was finally dismissed by the justices.
Various causes might contribute toward the outrageous attack upon the house and property of Mr. Hutchinson. As long back as 1748, the currency having depreciated to about an eighth of its original value, he, being then speaker of the house, projected and carried through a bill for abolishing it, and substituting gold and silver in its place, which made him extremely obnoxious to several who had lived by fraud, and were much dissatisfied with the alteration. They then threatened him with destruction; and retaining their rancour, are supposed to have been aiders and abettors, if not actors in the riot. A certain gentleman of great integrity, and who fills a place in the judicial department with much credit, and to the satisfaction of the public, has expressed a strong apprehension that the mob was led on to the house by CXXIIa secret influence, with a view to the destruction of certain papers, know to be there, and which, it is thought, would have proved, that the grant to the New-Plymouth compay on Kennebec river, was different from what was contended for by some claimants. The papers were never found afterward.—But Mr. Hutchinson had certainly disgusted the people exceedingly, by promoting the superior court’s granting writs of assistance; and by showing himself so strenuous in supporting government, when become odious, by the measures adopted for obliging the colonies to pay taxes in compliance with British acts of parliament.—He was also strongly suspected of having forwarded the stamp act, by letters written upon the occasion. These circumstances, co-operating with the general disposition in the people to tumult, produced by a prevailing persuasion, that they were deprived of the liberties of Englishmen, will account for the excessive outrages against him in particular. But their enormity was alarming. No one knew who might be the next sacrafice. The town of Boston, therefore, beside condemning them the next day, unanimously voted, “That the select men and magistrates be desired to use their utmost endeavours to suppress the like disorders for the future:” and for some time, the magistrates and private gentlemen, the cadet and other companies, kept watch at night to prevent further violences.
In justice to Mr. Hutchinson, it must be observed, that from his letters to Messrs. Bollan, Jackson, and others, it appears, that he then considered parliament’s taxing the colonies as inconsistent with the rights of the colonists, and as a mere act of power, without regard to equity. He was at the trouble of writing a pamphlet in 1764, cantaining A brief state of the claim of the colonies, and the interests of the nation with respect to them. This, when he had disguised it so as that it might not be suspected to come from America, he sent to Mr. Jackson the agent, who was either to suppress or publish it; and he afterward expressed a surprise at his not having done the latter. The following are extracts from it.
“The right to new acquired countries, according to the constitution of England, two hundred years ago, was allowed to be in the crown. The crown from time to time disposed of these countries not only to their own subjects, but to foreign princes: particulary Acadia and Nova-Scotia, when begun to be settled by British subjects, were ceded to France, although France had no better claim to them than New-England: and Surinam was sold to, or exchanged with the Dutch.” He might have adduced in proof of James I. being of opinion, that he had a personal right to alienate at pleasure new acquired territory, his CXXIIIgranting, in September 1621, Nova-Scotia, which he could not inherit but as king of England, to Sir William Alexander, of Menstry, afterward Lord Stirling, under the seal of Scotland; and his erecting it into a palatinate, to be holden as a fief of the crown of Scotland. Under the same seal, and in the same words, the grant was confirmed by Charles I. in June 1625. The legality of these grants appear not to have been questioned at the time, which indicates that the prevailing opinion of the English corresponded then with that of their sovereigns.
Mr. Hutchinson goes on to mention, “American lands in their natural state are of no value; there is not any colony which has not cost more to render it capable of rendering profit than it is now worth.”
“In the trading towns, in some of the colonies the last war, one fourth part of the profit of the trade was annually paid to the support of the war, and other public charges. In the country towns, a farm which would not rent for twenty pounds a year, paid ten pounds taxes. Was it from parental affection to the colonists, and to save them from French vassalage, that Great-Britain was at such expence; or was it from fear of losing the advantageous trade she had carried on with her colonies?”
“When there is peace in Europe, what occasion is there for any national expence in America?”
“It cannot be good policy to tax the Americans; it will prove prejudicial to the national interests. The advantages proposed by the increase of the revenue, are fallacious and delusive. You will lose more than you will gain. Britain reaps the profit of all their trade, and the increase of all their substance.”
“Your commerce with the colonies will be enough for you, should you have no commerce elsewhere, if you encourage, the colonies to increase the consumption of your manufactures for fifty years to come, as they have done for fifty years past; and with no more than reasonable encouragement they will infallibly do it, and in much greater proportion.”
Though the disturbances began in Boston yet they were not confined to the Massachusetts. They broke out in the other colonies; and so near to the same time, as to excite suspicions that it was not wholly the effect of accident, but partly of a pre-concerted design. Rhode-Island and Providence Plantations shewed themselves among the foremost in their opposition to the stamp act.
[Aug. 24.] A gazette extraordinary was published at Providence, with Vox populi, Vox Dei, in large letters for the frontispiece; and underneath, Where the Spirit of the Lord is, there is liberty. The publication had a tendency to prepare the people CXXIVfor action. Effigies were also exhibited; and in the evening cut down and burnt by the populace.
[27.] About nine in the morning, the people of Newport, in Rhode-Island, brought forth three effigies, meant for Messrs. Howard, Moffat, and Johnson, in a cart, with halters about their necks, to a gallows near the town-house, where they were hung; after a while cut down, and burnt amid the acclamations of thousands.
[28.] By the next day there was time enough to hear of what had been done at Boston. The people collected, or rather were mustered afresh, and beset the house of Mr. Martin Howard, jun. a lawyer of reputation, and a writer in defence of the parliament’s right to tax the colonies. They destroyed every thing, and left only a shell. They passed on to Dr. Thomas Moffat’s, a physician, one who had warmly supported in conversation the same right, and behaved in like manner. They intended doing it to Mr. Augustus Johnson, but desisted upon persuasion; and on his coming to town, and giving it under his hand that he would not accept the office of distributor of the stamps, unless the public were satisfied, they became quiet. Messrs. Howard and Moffat hastened on board a ship of war for personal protection.
The commotions in Connecticut were not equally violent; but Mr. Ingersoll was the subject of exhibition in several places.
[Aug. 22.] They had their pageantry at Norwich, which they committed to the flames when the day closed.
[26.] They had the same at Lebanon; but before they executed and burnt, they had a parade of a mock trial.
[27.] The next day there was a repetition of the like, excepting the trial. At length the resentment against the stamp distributor became so general and alarming, that he resigned his office.
A like resignation takes place in New-York, some time in August. It becomes a necessary point of prudence from the spirit which the citizens discover. The stamp act is treated with the most indignant contempt, by being printed and cried about the streets, under the title of, The folly of England and ruin of America. Toward the end of October the stamp papers arrive; and Mr. M‘Evers having resigned, lieutenant governor Colden takes them into Fort George. Some extraordinary preparations for securing them, having displeased the inhabitants, joined to the dislike they have entertained to Colden’s political sentiments, [Nov. 1.] and its being the day for the stamp act to take place, numbers are induced to assemble in the evening. They proceed to the fort walls; break open his stable; take out his coach; CXXVand, after carrying it through the principal streets of the city in triumph, march to the common, where a gallows is erected; on one end of which they suspend his effigy, having in his right hand a stamped bill of lading, and in the other, a figure for the devil. After hanging a considerable time, they carry the whole, with the gallows entire, the coach preceding, in procession to the gate of the fort; from whence it is removed to the bowling-green, under the muzzles of the guns, where a bonfire is immediately made, and all, coach included, are consumed amid the exultations of some thousands of spectators. They go from hence to major James’s house, before known by the name of Vaux-Hall, which is genteelly furnished, contains a valuable library, and many curiosities, and has a handsome garden belonging to it. They strip it of every article, make another bonfire, and consume the whole, beside destroying the garden; and all because of his being a friend to the stamp act.
[Nov. 2.] The next morning a paper is privately drawn up, and given to a man to read from the balcony of the coffee-house, to and about which the citizens are used to frequent; it sets forth the necessity of being peaceable, and calls upon the inhabitants to turn out with their arms upon any alarm, and quell all riotous proceedings. The effect it appears to have upon being heard, is frustrated by captain Isaac Sears, who formerly commanded a privateer, and is bitterly set against the stamp act. Having been secretly informed in the morning what is to be done, he is present, and tells the populace who collect about him, “The intention of the proposal that has been read, is to prevent our having the stamp papers;” and adds, “but we will have them within four and twenty hours.” He then flourishes his hat, and cries, “Huzza, my lads.” They immediately comply in loud shouts. He turns to several gentlemen present, and says, “Your best way, as you may now see, will be to advise lieutenant governor Colden to send the stamp papers from the fort to the inhabitants.” In the evening the mob assemble, and insist upon his delivering them into their hands. He hopes to satisfy them, by declaring he will do nothing in relation to the stamps, but leave it to Sir Henry Moore to do as he pleases on his arrival. The people are not contented; they will have the stamps, or attempt taking them away by force; which must probably be attended with much bloodshed. After repeated negociation, it is agreed that they shall be delivered to the corporation; which is accordingly done, and they are deposited in the city-hall, to general satisfaction. Ten boxes of the like, which arrive afterward, meet with a worse fate, being committed to the flames.
CXXVIThe destruction of major James’s house, (for it was reduced to a shell) convinced the gentlemen who were standing up for the rights of the colonies, that it was necessary to have leaders to manage the mob. It was therefore contrived to call the people together.
[Nov. 6.] They met in the fields; and it was proposed, that a committee be appointed to open a correspondence with the other colonies. This was a measure of so serious and important a nature, as to endanger the lives and property of the committee, especially should the stamp act be enforced and carried through; and therefore there was no one, for more than half an hour who would venture to accept. Mr. James De Lancey, who had joined the popular side, in order to secure a seat in the assembly at the next general election, was nominated; but declined, pleading his being upon the committee to converse with the lawyers, on their proceeding to business without stamps, instead of suspending it, as they appeared to intend. At length, however, captain Sears, with four others, offered and were approved.
They agreed among themselves to sign all the letters with their several names, and to open a correspondence with all the colonies. The Philadelphians were requested to forward their inclosed letters to the more southern states, and the Bostonians to forward those for New-Hampshire.
Here we see another set of corrosponding sons of liberty originated to strengthen the opposition of the colonies to parliamentary taxation.
The commotions beyond New-York, did not terminate in similar excesses to what had happened there, at Newport and Boston; but the exhibition of effigies in the day, the burning them at night, and other marks of displeasure, induced the stamp officers to resign. Some did it with a better grace than others. Mr. George Mercer, distributor for Virginia, arrived in the evening at Williamsburg. The people immediately urged him to resign. The next day he declined acting, in so genteel a manner, that he had the repeated acclamations of all present. At night the town was illuminated, the bells were set a ringing, and all was joy and festivity.
[Oct. 3.] At Philadelphia upon the appearance of the ships having on board the stamps, all the vessels in the harbour hoisted their colours half-staff high; the bells were muffled and continued to tool till evening; and every ccuntenance added to the marks of sincere mourning. A large number of people chiefly of the presbyterian persuasion, and of the proprietary party, with William Allen, esq. the chief justice’s son at their head, assembled CXXVIIand endeavoured to procure the stamp distributor’s resignation. It had been for some time warmly talked of, that he ought to resign. Mr. Hughes was obnoxious to both the presbyterian and the proprietary party; but particularly hateful to the latter as it was his interest, assiduity, and influence, in the Pennsylvania house of assembly that enabled the province to send home Dr. Franklin to present their petitions, for a change of govenment from proprietary to royal—a change highly disagreeable to each party. The body of quakers seemed disposed to pay obedience to the stamp act, and so did part of the church of England, and of the baptists not under proprietary influence. But no pains were spared to engage the Dutch and lower class of people in the opposition; and though Mr. Hughes held out long,[84] yet he found it necessary at length to comply.
Mr. Hood, stamp distributor for Maryland, that he might avoid resigning fled to New-York, and obtained protection in the fort. Upon Sir Henry Moor’s arrival he left the fort, and went to Long-Island. A number of the freemen crossed over unexpectedly; surprised him; obliged him to sign a paper, declaring his absolute and final resignation; and then took him before a magistrate, to whom he read the paper, and afterward made oath to the matter therein contained.
At Boston they took care to keep up the spirit of liberty, though they avoided former violence. [Sept. 21.] A new political paper appeared, under the significant title of “The Constitutional Courant, containing matters interesting to liberty, and no ways repugnant to loyalty; printed by Andrew Marval, at the sign of the Bribe refused, on Constitution Hill, North America.” It wore a more significant head-piece—a snake cut into eight pieces, the head part having N E, The initials of New-England affixed to it, and the rest the initials of the other colonies to South-Carolina inclusive and in order, NY, NJ, P, M, V, NC, SC.—The device accompanying them was, JOIN or DIE.
[Nov. 1.] The morning of the day when the stamp act took place, was ushered in with the tolling of bells. The large old elm (which since the fourteenth of August, when the riots began, had been adorned with an inscription, and obtained the name of liberty tree, as the ground under it had that of liberty hall—and which gave rise to other trees being so called, upon an appropriation to popular purposes by the sons of liberty) was decorated with two effigies. They were cut down at there o’clock amid the acclamations of thousands, carried about town, then to the gallows upon the Neck, there hung up again, after a while cut down, torn in pieces, and scattered. The people CXXVIIIrepaired home; and the evening passed away quietly. But a transaction took place afterward not much to the credit of the town.
[Dec. 16.] Mr. Oliver was called upon by a letter from (as is was improperly signed) the true sons of liberty, to make a public resignation of his office on the morrow under liberty tree. He desired a gentleman to interpose, and procure him at least leave to resign in the town-house; but after several consultations, nothing more could be obtained than a promise of having no affront offered, and a proposal to invite the principal persons of the town to accompany him. He was obliged to repair to liberty tree; there to read his declaration in the presence of more than two thousand people; and then to swear to it before a justice, on the spot for that purpose. The cool, firm, and judicious sons of liberty must condemn this procedure toward the secretary, as mean, revengeful and cruel. It was torturing his feelings afresh, as upon a stage, in the most conspicuous manner, after having been terrified into a resignation four months before; and when it might be expected, that the bitterness of the resentment against him was ended.
The opposition to the stamp officers was not confined to the continent. The people of St. Kitts obliged the distributor and his deputy to resign. Barbadoes submitted to the act. Jamaica in general cleared out with stamps; but Kingston, as before, without. Upon the continent, Canada and Halifax submitted.
The general fears that individuals were under, either of distributing or using stamps, was increased in one government by the following paper, pasted up at the door of every public office, and at the corner of the streets—
The first man that either distributes or makes use of stamped paper, let him take care of his house, person, and effects.
The public resentment was kept alive and lively by the contemptuous treatment which the stamp act itself met with, being openly burnt in several places with the effigies of the officers; and by caricatures, pasquinades, puns, bon mots, and such vulgar sayings fitted to the occasion, as being short, could be most easily circulated and retained, while, being extremely expressive, they carried with them the weight of great many arguments.
The resignation of the officers, and the want of persons, either to undertake the delivery of stamps or to receive and use them, necessarily laid the colonists under a legal inability for doing CXXIXbusiness, according to parliamentary law. They however ventured upon it, and risked the consequence. The vessels sailed from the ports as before; excepting that, in some instances, a certificate was given, that the person appointed to distribute stamped papers in the province, refused to deliver them, which certificate being handed by the masters to the naval officer, they were admitted to give bond in his office, and to pass through the other offices without stamps. The Rhode-Island and Providence Plantations kept their courts open the whole time, even when they were suspended in the other colonies. Toward the end of November it was agreed in Maryland and Virginia to proceed on business in the usual manner without stamps. In the Massachusetts the popular party so far prevailed, that the house of assembly resolved, January the twenty-third, 1766, “That the shutting up the courts of justice is a very great grievance; and that the judges, justices, and all other public officers in this province ought to proceed as usual.” But when the superior court opened, on the eleventh of March, the parties concerned evaded the prosecuting of business. The lawyers in a body waited, as usual, upon the judges, on the first day of the term, before they went into the court. The chief justice, Mr. Hutchinson, not being present at this meeting, Mr. Peter Oliver said he attended according to his duty, and that he understood it would be expected that he and his brethren should proceed in business in defiance of the late act of parliament: such proceeding, he added, was contrary to his judgment and opinion; and if he submitted io it, it would only be for self-preservation, as he knew he was in the hands of the populace: he therefore previously protested, that all such acts of his, if they sould happen, would be acts under duress. To which the other judges assenting, it was proposed to each of the lawyers singly, Do you desire that business should proceed contrary to the act of parliament? Every one of them answered in the negative, even Mr. Otis himself.—But they said, it would be proper to try a cause or two to quiet the people: accordingly one cause, which had been at issue before the stamp act took place, was tried and all other civil business was postponed to the middle of April.
Though the violent and righteous proceedings, which have been noticed, were severely censured by many; and numbers in all the colonies might seem inclined to submit to the stamp act, yet the right of imposing it was universally condemned, and the colonial rights as universally acceded to by the most peaceably disposed. The resolutions of the Pennsylvania assembly, which met at Philadelphia in September 1765, were passed nemine contradicente; and left upon their minutes, “as a testimony of the CXXXzeal and ardent desire of that house, to preserve their inestimable rights, which as Englishmen they possessed ever since the province was settled, and to transmit them to their latest posterity.” They “resolved, That the only legal representatives of the inhabitants of this province, are the persons they annually elect to serve as members of assembly—Resolved, therefore, That the taxation of the people of this province by any other persons whatsoever, than such their representatives in assembly, is unconstitutional, and subversive of their most valuable rights—Resolved, That the laying of taxes upon the inhabitants of this province, in any other manner, being naturally subversive of public liberty, must of necessary consequence, be utterly destructive of public happiness.”[85] There might not be so many quakers in the house as usual; the times probably occasioned a larger choice out of other denominations; but there must have been several, and these we find acquiesced. These resolutions are as much opposed to the claims of the British parliament, as are those of the Massachusetts assembly, passed October the twenty-ninth. Indeed the latter dwell more upon the unalienable essential rights of mankind, of which these cannot be divested, consistent with the law of God and nature, by any law of society; and they evidently mark it out, in their opinion, as one of those rights, that no man can justly take the property of another without his consent. They also resolved, that a representation in parliament of the inhabitants of their province, such as the subjects of Britain actually enjoy, is impracticable for the subjects in America.[86]—But both assemblies, though their expressions differed, agreed in resolving, that the extensions of the court of admiralty within the provinces, is a most violent infraction of the right of trials by juries. The resolves of the Maryland and Connecticut assemblies, passed, the one September the twenty-eighth, and the other November the first, breathed the same spirit.[87]
[Oct. 31.] But we have now to attend to a judicious measure pursued by the New-York merchants, the more effectually to obtain a repeal of the stamp act. They resolved to direct their correspondents not to ship any more goods till it was repealed; and that they would not sell any goods upon commission, which should be shipped from Britain, after the first of January, unless upon that condition. They were the foremost in adopting the non-importation agreement; and recommended the like conduct to the Massachusetts, and the neighboring provinces in trade.
CXXXI[Nov. 7.] The merchants and traders of Philadelphia had a general meeting, and entered into a similar agreement. Some quakers, who would not sign the combination, thought it prudent to be governed by the same restriction; and gave directions that the goods ordered should not be sent, unless the stamp act was repealed.
It was not till December the ninth, that the merchants and traders of Boston resolved upon a non-importation. Government may deem such combinations illegal, as they are apt to do all that are opposed to their own measures; but surely the case of communities is bad indeed, if they have not a right voluntarily to agree among themselves, merely to suspend buying till they can obtain their own terms, when equitable.
The peaceable line pursued in these agreements, had not been attended to by all who opposed the stamp act. They therefore, for their own safety, had a recourse to another, which might have drenched the country with blood, had not the repeal prevented. The way had been prepared by the publication of a system of politics, which appeared originally in the New-York papers, the principal point of which was, that the colonies are no otherwise related to Great-Britain than by having the same king. The essays meant to propagate and support this system, made their first appearance in the New-York prints, but most probably some of the manuscripts were sent from Boston. The New-York sons of liberty had, at length, a meeting, wherein they resolved, that they would go to the extremity, with lives and fortunes to prevent the stamp act. This spirit produced the following agreement between them and the sons of liberty in Connecticut:
[Dec. 25.] “Certain reciprocal and mutual agreements concessions and associations made, concluded, and agreed upon by and between the sons of liberty of the colony of New-York, of the one part, and of the sons of liberty of the colony of Connecticut, on the other part, this twenty-fifth day of December, in the sixth year of the reign of our sovereign lord George the Third, by the grace of God, of Great-Britain, France and Ireland, king, defender of the faith, and in the year of our Lord one thousand seven hundred and sixty-five.
“The aforesaid parties taking into their most serious consideration the melancholy and unsettled state of Great-Britain and her North-American colonies, proceeding, as they are fully persuaded, from a design in her most insidious and inveterate enemies, to alienate the affections of his majesty’s most loyal and faithful subjects of North-America from his person and government—Therefore to prevent as much as in us lies, the dissolution CXXXIIof so inestimable an union, they do, in the presence of Almighty God, declare, that they bear the most unshaken faith and true allegiance to his majesty king George the Third—that they are most affectionately and zealously attached to his royal person and family, and are fully determined, to the utmost of their power, to maintain and support his crown and dignity, and the succession as by law established; and with the greatest cheerfulness they submit to his government, according to the known and just principles of the British constitution, which they conceive to be founded on the eternal and immutable principles of justice and equity, and that every attempt to violate or wrest it, or any part of it, from them, under whatever pretence, colour, or authority, is an heinous sin against God, and the most daring contempt of the people, from whom (under God) all just government springs. From a sacred regard to all which, and a just sense of the impending evils that might befal them in consequence of such a dreadful dissolution, they do hereby voluntarily, and of their own free will, as well for the support of his majesty’s just prerogative and the British constitution, as their own mutual security and preservation, agree and concede to associate, advise, protect, and defend each other in the peaceable, full, and just enjoyment of their inherent and accustomed rights as British subjects of their respective colonies, not in the least desiring any alteration or innovation in the grand bulwark of their liberties and the wisdom of ages, but only to preserve it inviolate from the corrupt hands of its implacable enemies—And whereas a certain pamphlet has appeared in America, in the form of an act of parliament, called and known by the name of the Stamp Act, but has never been legally published or introduced, neither can it, as it would immediately deprive them of the most invaluable part of the British constitution, viz. the trial by juries, and the most just mode of taxation in the world, that is, of taxing themselves; rights that every British subject becomes heir to as soon as born. For the preservation of which, and every part of the British constitution, they do reciprocally resolve and determine to march with the utmost dispatch, at their own proper costs and expence, on the first proper notice (which must be signified to them by at least six of the sons of liberty) with their whole force, if required, and it can be spared, to the relief of those that shall, are, or may be in danger from the stamp act, or its promoters and abettors, or any thing relative to it, on account of any thing that may have been done in opposition to its obtaining—and they do mutually and most fervently recommend it to each other to be vigilant in watching all those who, from the nature of their offices, vocations or dispositions, CXXXIIImay be the most likely to introduce the use of stamped papers, to the total subversion of the British constitution and American liberty; and the same, when discovered, immediately to advise each other of, let them be of what rank or condition soever; and they do agree that they will mutually, and to the utmost of their power, by all just ways and means, endeavor to bring all such betrayers of their country to the most condign punishment—and further, they do mutually resolve to defend the liberty of the press in their respective colonies from all unlawful violations and impediments whatever, on account of the said act, as the only means (under divine Providence) of preserving their lives, liberties, and fortunes, and the same in regard to the judges, clerks, attornies, &c. that shall proceed without any regard to the stamp act, from all pains, fines, mulcts, penalties, or any molestation whatever—and finally, that they will, to the utmost of their power, endeavor to bring about, accomplish and perfect the like association with all the colonies on the continent, for the like salutary purposes, and no other.”
The opposition to the stamp act raged apparently more in New-York and Connecticut than in the Massachusetts; but the association being agreed upon, was sent by express to the sons of liberty at Boston, and received Sunday the second of February, 1766. On its receipt, letters were forwarded to a few individuals; and on the sixth of February, a circular letter to the several towns in the colony, containing the association and the desire of the first original associators to accomplish the like association, with a request to be informed of the sentiments and dispositions of the people in such towns. A letter was also sent on the same subject, to the sons of liberty at Portsmouth, in Hampshire colony. They met; and in their answer of February the eighth, testified their approbation of the measure already taken, and their determination to oppose the execution of the stamp act, &c.
The Boston sons of liberty accepted the proposal of uniting themselves to New-York and Connecticut; and in their letter to the brotherhood at Norwich, proposed to commence a continental union, of which the latter greatly approved in their answer of February the tenth.
On February the thirteenth, the sons of liberty at Boston wrote a circular letter to New-Hampshire, Connecticut, and New-York; and before the month was ended, the New-Yorkers sent circular letters as far as South-Carolina, urging a continental union.
Most of the towns in the Massachusetts having been applied to, signified “their determination to march with their whole force to the support of the British constitution, and consequently CXXXIVthe relief of those that shall or may be in danger from the stamp act, or its abettors.”
It is not to be supposed, that the disorderly proceedings above related, were chargeable solely on the dregs of the colonies.—The sons of liberty at New-York, who held regular meetings, were said to be directed by much greater persons than any that appeared among them. The mobs consisted not of mere rabble; but were composed much of independent freemen and freeholders, so that some of the first people in the provinces were intimidated, and left the cause of the parliament without proper support. Merchants, assemblymen, magistrates, &c. united directly or indirectly in the riots, and without their influence and instigation the lower class of inhabitants would have been quiet; but great pains were taken to rouse them into action. At Boston such was the protection and countenance given to the rioters, that some of the principal ringleaders walked the streets with impunity, no officer daring to attack them, no attorney-general to prosecute them, no witness to appear against them, and no judge to sit upon them. But when the enormities are said to have originated from the Presbyterians and Congregationalists, the charge must be imputed to malevolence, or to gross ignorance, or a mixture of both. The gentlemen on the side of government who were upon the spot, in their letters written at the time, placed them to the account of the Virginia resolves. Mr. Hutchinson tells his correspondent, “Nothing extravagant appeared in the papers till an account was received of the Virginia resolves.” Mr. Hughes writes, “the fire began in Virginia:”—governor Bernard, “the publishing the Virginia resolutions proved an alarm bell to the disaffected:” another, in his letter to Mr. Secretary Conway from New-York, “the resolves of the assembly of Virginia gave the signal for a general outcry over the continent.” The Virginians are episcopalians and if there is either blame or merit in exciting that fixed and spirited opposition to the stamp act which followed upon their resolves, let them be credited for the same; to them belongs the honor or disgrace; and solely to particular colonies the disgrace of the several enormites committed in them. The bulk of the people at Boston are congregationalists; at New-York, the presbyterians, including the Dutch and foreign societies, may possibly be fully equal to, or even exceed the episcopalians. At Newport all denominations are equally encouraged, and enjoy no ascendency over each other, and therefore might be equally concerned, the peaceable quakers excepted. At New-York the most violent actors were episcopalians; at Boston congregationalists; though CXXXVhere they were joined by a number of episcopalians, and there by a number of presbyterians.
People in Britain were differently affected by the disturbances in the colonies. This party was for supporting the authority of parliament at all adventures, and for enforcing the stamp act, if needful, with the point of the sword: that for quieting the colonies by the repeal of it. Happy for them, Mr. Grenville and his party had thrown themselves out of place on a difference as to the regency bill; so that the marquis of Rockingham, and others in opposition, who were better inclined to the Americans, came into office, July 10, 1765. The marquis and his friends did not come to a resolution directly to repeal the act. The main lines of their own plan were not marked out, nor the repeal determined upon, until a little before the meeting of parliament. But the choice of the measure, and of the principle to proceed upon was made before the session. The papers relative to American affairs were produced to the house of commons; and it was a kind of plan on all sides, to maintain the authority of parliament, and by that very authority to give the colonies every relief the nature of the case required. But the great commoner Mr. Pitt, who neither communicated, nor connected himself with any one, came to the house and declared, that parliament had no right to tax the colonies; and said also, I am glad America has resisted. He hereby deranged matters; threw the opposition into a rage; and reduced the ministry to a necessity of accompanying the repeal, with a declaratory bill, expressive of the right of parliament to bind the colonies in all cases whatsoever.
[1766.] Mr. Grenville moved that the stamp act should be enforced, and was supported by 134, but opposed by 274—The merchants and manufacturers joined their efforts with ministry to obtain a repeal. They were alarmed at the non-importation agreement, and the confusions which existed, as being necessarily prejudicial to their own interests, and tending to the destruction of commerce. The ministry did not fail to encourage petitions, complaining of hardships brought on by the great decay of trade to the American colonies; and also instructions to members from the trading and manufacturing towns. The petition of congress was not admitted; the members not being called together by the authority of the crown, though a futile, was yet a prevailing argument against its admission. But the repeal was grounded on the other petitions; and after a six weeks inquiry into American affairs, was moved for, with the greatest propriety, by general Conway, the secretary, who had opposed the stamp bill at the second reading, and denied the right of parliament to tax the Americans. The debate, which ensued, was CXXXVIwarm, interesting and long. But, by three o’clock in the morning, “[Feb. 22.] the house, by an independent noble spirited and unexpected majority, in the teeth of all the old mercenary Swiss of the state, in despite of all the speculators and augurs of political events, in defiance of the whole embattled legion of veteran pensioners and practised instruments of court, gave a total repeal to the stamp act, and (if the scheme of taxing the colonies had been totally abandoned) a lasting peace to the whole empire.”[88] The motion was carried by 275 against 167. The cyder counties supported it; for they expected a repeal of the duty on cyder, and obtained it in April. It has been said, that had not the ministry bartered the stamp act against the repeal of the cyder duty, they would not have succeeded.[89] This however must be a false charge, if the former marked paragraph is strictly true. During the debate, “the trading interests of the empire crammed into the lobbies of the house of commons, with a trembling and anxious expectation, and waited, almost to a winter’s return of light, their fate from the resolution of the house. When at length, they had determined in their favor, and the doors thrown open, showed them the figure of their deliverer, in the well earned triumph of his important victory, from the whole of that grave multitude there arose an involuntary burst of gratitude and transport. They jumped upon him, like children on a long absent father. They clung about him as captives about their redeemer, All England joined in his applause. Nor did he seem insensible of the best of all earthly rewards, the love and admiration of his fellow citizens. Hope elevated, and joy brightened his crest.”[90]
The ministry had certainly great difficulties to encounter: the principal originated in the colonies, and were caused by the intemperate proceedings of the various ranks of men within them. “Their violence awakened the honor of parliament, especially after Mr. Pitt’s speech, and thereby involved every friend of the repeal into the imputation of betraying its dignity. This is so true, that the act could not have been repealed, had not men’s minds been in some measure satisfied with the declaration of right.”[91] All the Scotch members, save two, voted against the repeal. Mr. Bollan, who informed lieutenant-governor Hutchinson of it by letter, omitted mentioning the names of the gentlemen.
The bill having passed the house of commons, went up to the house of lords. Lords Bute and Strange publicly declared, that CXXXVIIhis majesty’s wish was nor for a repeal. The marquis of Rockingham and Lord Shelberne went together to the king, and told what was reported. They were informed, that his majesty had expressed his desire that it should be inforced; but if it could not be done peaceably and without bloodshed, it was his sincere desire and intention that it should be totally repealed. The dukes of York and Cumberland, the lords of the bedchamber and the officers of the household, were for carrying fire and sword to America. Most of the bench of bishops joined them. Instead of ascribing that to a sanguinary disposition, to which their profession was opposed; let it be imputed to the painful prospect of being hindered eventually from establishing the English hierarchy whithin the American colonies. There was in the house of lords, proxies included, for the repeal 105, against it, 71.
On Wednesday, March the nineteenth, his majesty went to the house of peers, and passed the bill for repealing the American stamp act; as also that for securing the dependency of the colonies on the British crown. On this occasion the American merchants made a most numerous appearance, to express their gratitude and joy; ships in the river displayed their colours; houses at night were illuminated all over the city, and every decent and orderly method was observed, to demonstrate the just sense they entertained of his majesty’s goodness, and wisdom of parliament in conciliating the minds of the people on this critical occasion. An express was dispatched immediately to Falmouth, with letters to the different provinces, acquainting them with the news of the repeal: that so their fears might vanish, and give place to joy and exultation.