Part 1 (2/2)

It does not appear that the Acts of Trade were, in general, a source of loss to the colonies. Their vessels shared in the privileges reserved for British-built s.h.i.+ps. The compulsory sending of the enumerated commodities to England may have damaged the tobacco-growers; but in other respects it did little harm. The articles would have gone to England in any case. The restriction of importation to goods from England was no {24} great grievance, since British products would, in any case, have supplied the American market. Even the effort, by an Act of 1672, to check intercolonial trade in enumerated commodities was not oppressive, for, with one exception noted below, there was no great development of such a trade. By 1763, according to the best evidence, the thirteen colonies seem to have adjusted their habits to the Navigation Acts, and to have been carrying on their flouris.h.i.+ng commerce within these restrictions.

To this general condition, however, there were some slight exceptions, and one serious one. The colonists undoubtedly resented the necessity of purchasing European products from English middlemen, and were especially desirous of importing Spanish and Portuguese wines and French brandies directly. Smuggling in these articles seems to have been steadily carried on. Much more important--and to the American s.h.i.+p-owners the kernel of the whole matter--was the problem of the West India trade. It was proved, as the eighteenth century progressed, that the North American colonies could balance their heavy indebtedness to the mother country for excess of imports over exports only by selling to the French, as well as the British West Indies, barrel staves, clapboards, fish and food products. In {25} return, they took sugar and mola.s.ses, developing in New England a flouris.h.i.+ng rum manufacture, which in turn was used in the African slave trade. By these means the people of the New England and Middle colonies built up an active commerce, using their profits to balance their indebtedness to England.

This ”triangular trade” disturbed the British West India planters, who, being largely non-residents and very influential in London, induced Parliament, in 1733, to pa.s.s an Act imposing prohibitory duties on all sugar and mola.s.ses of foreign growth. This law, if enforced, would have struck a damaging blow at the prosperity of the Northern colonies, merely to benefit the West India sugar-growers by giving them a monopoly; but the evidence goes to show that it was systematically evaded and that French sugar, together with French and Portuguese wines, was still habitually smuggled into the colonies. Thus the Navigation Acts, in the only points where they would have been actually oppressive, were not enforced. The colonial governors saw the serious consequences and shrank from arousing discontent. It is significant that the same colonists who contended with the royal governors did not hesitate to violate a parliamentary law when it ran counter to their interests.

The only reason why the radical difference {26} between the colonies and the home government did not cause open conflict long before 1763 is to be found in the absorption of the English ministries in parliamentary manoeuvring at home, diplomacy, and European wars. The weakness of the imperial control was recognized and frequently complained of by governors, Boards of Trade, and other officials; but so long as the colonies continued to supply the sugar, furs, lumber and masts called for by the Acts, bought largely from English s.h.i.+ppers and manufacturers, and stimulated the growth of British s.h.i.+pping, the Whig and Tory n.o.blemen were content. The rapidly growing republicanism of the provincial and proprietary governments was ignored and allowed to develop unchecked. A half-century of complaints from thwarted governors, teeming with suggestions that England ought to take the government of the colonies into its own hands, produced no results beyond creating in official circles an opinion unfavourable to the colonists.

In the years of the French war, 1754-1760, the utter incompatibility between imperial theories on the one hand and colonial political habits on the other, could no longer be disregarded. In the midst of the struggle, the legislatures continued to wrangle with governors over points of privilege; they were slow to vote supplies; they were {27} dilatory in raising troops; they hung back from a jealous fear that their neighbour colonies might fail to do their share; they were ready to let British soldiers do all the hard fighting. Worse still, the colonial s.h.i.+powners persisted in their trade with the French and Spanish West Indies, furnis.h.i.+ng their enemies with supplies, and buying their sugar and mola.s.ses as usual. When, in Boston, writs of a.s.sistance were employed by the customs officials, in order that by a general power of search they might discover such smuggled property, the merchants protested in the courts, and James Otis, a fiery young lawyer, boldly declared the writs an infringement of the rights of the colonists, unconst.i.tutional, and beyond the power of Parliament to authorize. To Ministers engaged in a tremendous war for the overthrow of France, the behaviour of the colonies revealed a spirit scarcely short of disloyalty, and a weakness of government no longer to be tolerated. The Secretaries, the Board of Trade, the customs officials, army officers, naval commanders, colonial governors, and judges all agreed that the time had come for a thorough and drastic reform. They approached the task purely and simply as members of the English governing cla.s.ses, ignorant of the colonists' political ideas and totally indifferent to their views; and their measures were framed in the spirit {28} of unquestioning acceptance of the principles of the Acts of Trade as a fundamental national policy.

CHAPTER II

THE CONTEST OVER PARLIAMENTARY TAXATION, 1763-1773

The Prime Minister responsible for the new colonial policy was George Grenville, who a.s.sumed his position in May, 1763, shortly after the final treaty of Paris. Every other member of his Cabinet was a n.o.bleman, Grenville himself was brother of an earl, and most of them had had places in preceding Ministries. It was a typical administration of the period, completely aristocratic in members.h.i.+p and spirit, quite indifferent to colonial views, and incapable of comprehending colonial ideals even if they had known them. To them the business in hand was a purely practical one; and with confident energy Grenville pushed through a series of measures, which had been carefully worked out, of course, by minor officials unknown to fame, during the preceding months, {29} but which were destined to produce results undreamed of by any one in England.

In the first place, there were a number of measures to strengthen and revivify the Acts of Trade. Colonists were given new privileges in the whale fishery, hides and skins were ”enumerated,” and steps were taken to secure a more rigorous execution of the Acts by the employment of naval vessels against smuggling. A new Sugar Act reduced the tariff on foreign sugar to such a point that it would be heavily protective without being prohibitive, and at the same time imposed special duties on Portuguese wines, while providing additional machinery for collecting customs. This was clearly aimed at the weak point in the existing navigation system; but it introduced a new feature, for the sugar duties, unlike previous ones, were intended to raise a revenue, and this, it was provided in the Act, should be used to pay for the defence of America.

A second new policy was inaugurated in a proclamation of October, 1763, which made Florida and Canada despotically governed provinces, and set off all the land west of the head-waters of the rivers running into the Atlantic as an Indian reservation. No further land grants were to be made in that region, nor was any trade to be permitted with the Indians save by royal licence. The {30} Imperial government thus a.s.sumed control of Indian policy, and endeavoured to check any further growth of the existing communities to the West. Such a scheme necessitated the creation of a royal standing army in America on a larger scale than the previous garrisons; and this plan led to the third branch of the new policy, which contemplated the positive interposition of Parliament to remedy the shortcomings of colonial a.s.semblies. An Act of 1764 prohibited the future issue of any paper money by any colony, thus terminating one of the chief grievances of British governors and merchants. But still more striking was an Act of 1765, which provided with great elaboration for the collection of a stamp tax in the colonies upon all legal doc.u.ments, newspapers, and pamphlets. The proceeds were to be used to pay about one-third of the cost of the new standing army, which was to consist of ten thousand men. Taken in connection with the announced intention of using the revenue from the Sugar Act for the same purpose, it is obvious that Grenville's measures were meant to relieve the Imperial government from the necessity of depending in future upon the erratic and unmanageable colonial legislatures. They were parts of a general political and financial programme. There is not the slightest evidence that Grenville or his a.s.sociates dreamed {31} that they were in any way affecting the colonists' rights or restricting their liberties. Grenville did consult the colonial agents--individuals authorized to represent the colonial a.s.semblies in England--but simply with a view to meeting practical objections. The various proclamations or orders were issued without opposition, and the bills pa.s.sed Parliament almost unnoticed.

The British governing cla.s.s was but slightly concerned with colonial reform: the Board of Trade, the colonial officials, and the responsible Ministers were the only people interested.

To the astonishment of the Cabinet and of the English public, the new measures, especially the Sugar Act and the Stamp Act, raised a storm of opposition in the colonies unlike anything in their history. The reasons are obvious. If the new Sugar Act was to be enforced, it meant the end of the flouris.h.i.+ng French West India intercourse and the death of the ”triangular” trade. Every distiller, s.h.i.+powner, and exporter of fish, timber, or grain, felt himself threatened with ruin. If the Stamp Act were enforced, it meant the collection of a tax from communities already in debt from the French wars, which were in future to be denied the facile escape from heavy taxes. .h.i.therto afforded by bills of credit. But the economic burdens threatened were almost lost sight of in the political {32} dangers. If England meant to impose taxes by parliamentary vote for military purposes, instead of calling upon the colonists to furnish money and men, it meant a deadly blow to the importance of the a.s.semblies. They could no longer exercise complete control over their property and their finances. They would sink to the status of mere munic.i.p.al bodies. So far as the Americans of 1765 were concerned, the feeling was universal that such a change was intolerable, that if they ceased to have the full power to give or withhold taxes at their discretion they were practically slaves.

In every colony there sprang to the front leaders who voiced these sentiments in impa.s.sioned speeches and pamphlets; for the most part young men, many of them lawyers accustomed to look for popular approval in resisting royal governors. Such men as James Otis and Samuel Adams in Ma.s.sachusetts, William Livingston in New York, Patrick Henry in Virginia, Christopher Gadsden in South Carolina denounced the Stamp Act as tyrannous, unconst.i.tutional, and an infringement of the liberties of the colonists. Popular anger rose steadily until, in the autumn, when the stamps arrived, the people of the thirteen colonies had nerved themselves to the pitch of refusing to obey the Act. Under pressure from crowds of angry men, {33} every distributor was compelled to resign, the stamps were in some cases destroyed, and in Boston the houses of unpopular officials were mobbed and sacked. Before the excitement, the governors stood utterly helpless. They could do nothing to carry out the Act.

In October, delegates representing nearly all the colonies met at New York, and drafted resolutions expressing their firm belief that no tax could legally be levied upon them but by their own consent, given through their legislatures. It was the right of Englishmen not to be taxed without their consent. Pet.i.tions in respectful but determined language were sent to the King and to Parliament, praying for the repeal of the Stamp Act and the Sugar Act. For the first time in their history, the colonies stood together in full harmony to denounce and reject an Act pa.s.sed by Parliament. As a social and political fact, this unanimous demonstration of colonial feeling was of profound significance. The ease and ability with which the lawyers, planters, farmers, or merchants directed the popular excitement into effective channels showed the widespread political education of the Americans. A not dissimilar excitement in London in the same years found no other means of expressing itself than b.l.o.o.d.y rioting. It was American {34} republicanism showing its strongest aspect in political resistance.

The issue thus presented to the British government was one demanding the most careful consideration and far-seeing wisdom in its treatment.

Grenville's measures, however admirable and reasonable in themselves, had stirred the bitter opposition of all the colonists, and the enforcement or modification of them called for steadiness and courage.

Were the English governing n.o.blemen of the day ready to persist in the new policy? If so, it meant violent controversy and possibly colonial insurrection; but the exertion of British authority, if coupled with strong naval pressure, ought to prevail. Angry as the colonists were, their language indicates that revolution was not in their thoughts; and, if there was one quality beyond all others in which the British aristocracy excelled, it was an inflexible tenacity when once a policy was definitely embraced. Unfortunately for both sides, the clear-cut issue thus raised was obscured and distorted by the presence on the throne of an ambitious young prince with a policy which threw British domestic affairs into unexampled confusion.

George III, obstinate, narrow-minded, and determined to make his own will felt in the choice of Ministers and the direction of affairs, had succeeded his grandfather in 1760. Too {35} astute to violate the fast-bound tradition of the British const.i.tution that he must govern only through Ministers, he saw that to have his own way he must secure political servants who, while acting as Cabinet Ministers, should take their orders from him. He also saw that to destroy the hold of the Whig family cliques he must enter politics himself and buy, intimidate, and cajole in order to win a following for his Ministers in parliament.

With this ideal in view, he subordinated all other considerations to the single one of getting subservient Ministers, and fought or intrigued against any Cabinet which did not accept his direction, until, in 1770, he finally triumphed. In the meantime he had kept England under a fluctuating succession of Ministries which forbade the maintenance of any coherent or authoritative colonial policy such as alone could have prevented disaster.

In 1761 George III tried to induce Parliament to accept the leaders.h.i.+p of the Earl of Bute, his former tutor, who had never held public office; but his rapid rise to the Premiers.h.i.+p aroused such jealousy among the n.o.bility and such unpopularity among the people that the unfortunate Scot quailed before the storm of ridicule and abuse. He resigned in 1763, and was succeeded by Grenville, who instantly showed George III that he would take no dictation. On the contrary, {36} he drove the King to the point of fury by his masterfulness. In desperation, George then turned to the Marquis of Rockingham who, if equally determined to decline royal dictation, was personally less offensive to him; and there came in a Ministry of the usual type, all n.o.blemen but two minor members, and all belonging to ”connections”

different from those of the Grenville Ministry. Thus it was that, when the unanimous defiance of the Americans reached England, the Ministers responsible for the colonial reforms were out of office, and the Rockingham Whigs had a.s.sumed control, feeling no obligation to continue anything begun by their predecessors. George III's interposition was responsible for this situation.

When Parliament met in January, 1766, the colonists received powerful allies, first in the British merchants, who pet.i.tioned against the Act as causing the practical stoppage of American purchases, and second in William Pitt, who, in a burning speech, embraced in full the colonists'

position, and declared that a parliamentary tax upon the plantations was absolutely contrary to the rights of Englishmen. He ”rejoiced that America has resisted.” This radical position found few followers; but the Whig Ministry, after some hesitation, decided to grant the colonial demands while insisting {37} on the imperial rights of Parliament.

This characteristically English action was highly distasteful to the majority in the House of Lords, who voted to execute the law, and to George III, who disliked to yield to mutinous subjects; but they were forced to give way. The Stamp Act was repealed, and the sugar duties were reduced to a low figure. At the same time a Declaratory Act was pa.s.sed, a.s.serting that Parliament had full power to bind the colonies ”in all cases whatsoever.” Thus the Americans had their way in part, while submitting to seeing their arguments rejected.

The consequences of this unfortunate affair were to bring into sharp contrast the British and the American views of the status of the colonies. The former considered them as parts of the realm, subject like any other part to the legislative authority of King, Lords, and Commons. The contention of the colonists, arising naturally from the true situation in each colonial government, that the rights of Englishmen guaranteed their freedom from taxation without representation, was answered by the perfectly sound legal a.s.sertion that the colonists, like all the people of England, were ”virtually”

represented in the House of Commons. The words, in short, meant one thing in England, another thing in America. English speakers {38} and writers pointed to the scores of statutes affecting the colonies, calling attention especially to the export duties of the Navigation Act of 1672, and the import duties of the Act of 1733, not to mention its revision of 1764. Further, Parliament had regulated provincial coinage and money, had set up a postal service, and established rates.

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