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 business, 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 zeal 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.
[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 of 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, may 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 the 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 here 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 warm, 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 his 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.