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 in 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 certain 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, cochineal, &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; or 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.
The 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 them 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, Mr. 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 to 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 disputed 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 passed, 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 pay 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 down, 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 his 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 subjects 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, Pennsylvania, 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 limb 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.
It 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. I 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 a 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 granting, 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 for 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; and, 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.
The 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 and 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 repaired 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.