The Loyalists of America and Their Times Volume I Part 34

[Footnote 305: American Annals, etc., Vol II., pp. 157, 158; the authority given is Gordon, Vol. I., pp. 168-172. Dr. Ramsay gives a similar account of the affair in his Colonial History, Vol. I., Chap.

iii., p. 355.]

[Footnote 306: Prior Doc.u.ments, pp. 262, 263.

Dr. Franklin adds in a note: "That the seizure was unjust, is plain from this, that they were obliged to restore the vessel, after detaining her a long time, not being able to find any evidence to support a prosecution. The suits for enormous sums against a number of persons, brought in the Court of Admiralty, being found insupportable, were, after long continuance, to the great expense and trouble of these persons, dropt by a declaration of the King's advocate that his Majesty would prosecute no further; but the prosecuted could obtain no costs or damages, for so is the law."--_Ib_., p. 263.]

[Footnote 307: Holmes' Annals, etc., Vol. II., p. 158.]

[Footnote 308: Holmes' Annals, etc., Vol. II., pp. 158, 159.

The Boston _American Gazette_, under the head of "A Journal of Transactions in Boston," says, September 30th, 1768: "Early this morning a number of boats were observed round the town, making soundings, etc.

At three o'clock in the afternoon, the _Launceston_, of 40 guns; the _Mermaid_, of 28; the _Glasgow_, 20; the _Beaver_, 14; _Senegal_, 14; _Bonetta_, 10, and several armed schooners, which, together with the _Romney_, of 60 guns, and the other s.h.i.+ps of war before in the harbour, all commanded by Captain Smith, came up to town, bringing with them the 14th Regiment, Colonel Dalrymple, and the 29th Regiment, Colonel Carr, none having been disembarked at Castle Island; so that we now behold Boston surrounded, in a time of profound peace, with about fourteen s.h.i.+ps of war, with springs on their cables, and their broadsides to the town. It the people of England could but look into the town, they would smile to see the utmost good order and observance of the laws, and that this mighty armament has no other rebellion to subdue than what has existed in the brain and letters of the inveterate G------r B-----d (Governor Barnard), and the detested Commiss (Commissioners) of the Board of Cust--s (Customs). What advantage the Court of Versailles may take of the present policy of the British Ministry can be better determined hereafter." (pp. 177, 178.)]

CHAPTER XV.

EVENTS OF 1769--UNJUST IMPUTATIONS OF PARLIAMENT ON THE LOYALTY OF THE COLONISTS, AND MISREPRESENTATIONS OF THEIR JUST AND LOYAL PEt.i.tIONS.

The earliest proceedings of this year in regard to the American colonies took place in the British Parliament. In all the resolutions, protests, addresses, and pet.i.tions which had been adopted by American a.s.semblies and at town meetings, a.s.serting the exclusive right of the colonists to tax themselves, and against taxation without representation by the British Parliament, they professed heartfelt loyalty to the King, and disclaimed all views of independence; while in England the Parliament a.s.serted unlimited supremacy in and over the colonies, and the Royal speeches, as well as the resolutions and addresses adopted by the Lords and Commons, represented the colonies as being in a state of disobedience to law and government, adopting measures subversive of the const.i.tution, and manifesting a disposition to throw off all allegiance to the mother country. The House of Lords pa.s.sed resolutions censuring the resolutions and proceedings of the Ma.s.sachusetts House of Representatives, p.r.o.nouncing the election of deputies to sit in Convention, and the meeting of that Convention at Boston, daring insults to his Majesty's authority, and audacious usurpations of the powers of Government; yet, as has been seen, that Convention expressly disclaimed any a.s.sumption of government, and simply expressed the grievances complained of, prayed for their redress, declared their loyalty to the King, and recognition of the supreme authority of Parliament according to the const.i.tution, and quietly dissolved. But the House of Commons declared concurrence in the resolutions of the Lords; and both Houses, in their address to the King, endorsed the measures of his Ministers, declared their readiness to give effectual support to such further measures as might be found necessary to execute the laws in Ma.s.sachusetts Bay, and prayed his Majesty "to direct the Governor (Barnard) to take the most effectual methods for procuring the fullest information touching all treason or misprision of treason within the Government since the 30th day of December, 1767, and to transmit the same, together with the names of the persons who were most active in the commission of such offences, to one of the Secretaries of State, in order that his Majesty might issue a special commission for inquiring, hearing and determining the said offences, _within the realm of Great Britain_, pursuant to the provision of the statute of the 35th of Henry the Eighth."

The holding of town-meetings and their election of deputies, etc., were as much provided for in the provincial laws as the meeting and proceedings of the House of Representatives, or as are the meetings and proceedings of town, and towns.h.i.+p, and county munic.i.p.al councils in Canada. The wholesale denunciations of disloyalty and treason against the people of a country was calculated to exasperate and produce the very feelings imputed; and the proposal of the two Houses of Parliament to make the Governor of Ma.s.sachusetts Bay a detective and informer-general against persons opposed to his administration and the measures of the British Ministry, and the proposition to have them arrested and brought 3,000 miles over the ocean to England, for trial before a special commission, for treason or misprision of treason, show what unjust, unconst.i.tutional, and foolish things Parliaments as well as individuals may sometimes perpetrate. Nothing has more impressed the writer, in going through this protracted war of words, preliminary to the unhappy war of swords, than the great superiority, even as literary compositions, much more as State doc.u.ments, of the addresses and pet.i.tions of the Colonial a.s.semblies, and even public meetings, and the letters of their representatives, when compared with the dispatches of the British Ministry of that day and the writings of their partizans.

The resolutions and joint address of the Houses of Parliament, which were adopted in February, reached America in April, and gave great offence to the colonists generally instead of exciting terror, especially the part of the address which proposed bringing alleged offenders from Ma.s.sachusetts to be tried at a tribunal in Great Britain.

Ma.s.sachusetts had no General a.s.sembly at that time, as Governor Barnard had dissolved the last a.s.sembly, and the time prescribed by the Charter for calling one had not arrived; but the House of Burgesses of the old, loyal Church of England colony of Virginia took the state of all the colonies into serious consideration, pa.s.sed several resolutions, and directed their Speaker to transmit them without delay to the Speakers of the a.s.semblies of all the colonies on the continent for their concurrence. In these resolutions the House of Burgesses declare--"That the sole right of imposing taxes on the inhabitants of this colony is now, and ever hath been, legally and const.i.tutionally vested in the House of Burgesses, with consent of the Council, and of the King or his Governor for the time being; that it is the privilege of the inhabitants to pet.i.tion their Sovereign for redress of grievances, and that it is lawful to procure the concurrence of his Majesty's other colonies in dutiful addresses, praying the Royal interposition in favour of the violated rights of America; that all trials for treason, misprision of treason, or for any felony or crime whatsoever, committed by any persons residing in any colony, ought to be in his Majesty's courts within said colony, and that the seizing of any person residing in the colony, suspected of any crime whatsoever committed therein, and sending such person to places beyond the sea to be tried, is highly derogatory of the rights of British subjects, as thereby the inestimable privilege of being tried by jury from the vicinage, as well as the liberty of producing witnesses on such trial, will be taken away from the accused."

The House agreed also to an address to his Majesty, which stated, in the style of loyalty and real attachment to the Crown, a deep conviction that the complaints of the colonists were well founded. The next day Lord Botetourt, the Governor of Virginia, dissolved the House in the following words: "Mr. Speaker and Gentlemen of the House of Burgesses, I have heard of your resolves, and augur ill of their effects. You have made it my duty to dissolve you; and you are dissolved accordingly."

The a.s.sembly of South Carolina adopted resolutions similar to those of Virginia, as did the Lower House of Maryland and the Delaware counties, and the a.s.sembly of North Carolina, and was on that account dissolved by Governor Tyron. Towards the close of the year, the a.s.sembly of New York pa.s.sed resolutions in concurrence with those of Virginia. The members of the House of Burgesses of Virginia, and of the a.s.sembly of North Carolina, after their dissolution, met as private gentlemen, chose for moderators their late Speakers, and adopted resolutions against importing British goods. This was followed by other colonies, and the non-importation agreement became general. Boston had entered into the non-importation agreement as early as August, 1768, which was soon after adopted in Salem, the city of New York, and the province of Connecticut; but the agreement was not generally entered into until after the Virginia resolutions. "The meetings of non-importation a.s.sociations were regularly held in the various provinces. Committees were appointed to examine all vessels arriving from Britain. Censures were freely pa.s.sed on such as refused to concur in these a.s.sociations, and their names were published in the newspapers as enemies of their country. The regular Acts of the Provincial a.s.semblies were not so much respected and obeyed as the decrees of these Committees."[309]

Governor Barnard could not delay calling the General a.s.sembly of Ma.s.sachusetts beyond the time prescribed by the Charter for its meeting in May; and when it met, its first act was to appoint a Committee to wait on the Governor, and represent to him "that an armament by sea and land investing this metropolis, and a military guard with cannon pointed at the door of the State House, where the a.s.sembly is held, are inconsistent with the dignity and freedom with which they have a right to deliberate, consult, and determine," and added, "They expect that your Excellency will, as his Majesty's representative, give effectual orders for the removal of the above-mentioned forces by sea and land out of this port, and the gates of this city, during the session of the said a.s.sembly." The Governor answered: "Gentlemen, I have no authority over his Majesty's s.h.i.+ps in this port, or his troops within this town, nor can I give any orders for the removal of the same." The House persisted in declining to do business while surrounded with an armed force, and the Governor at length adjourned it to Cambridge.

On the 6th of July the Governor sent a message to the House with accounts of expenditures already incurred in quartering his Majesty's troops, desiring funds for their payment, and requiring a provision for the quartering of the troops in the town and on Castle Island, "according to Act of Parliament." The next day, among other things, the House pa.s.sed the following resolutions:

"That a general discontent on account of the Revenue Acts, an expectation of the sudden arrival of a military power to enforce said Acts, an apprehension of the troops being quartered upon the inhabitants, the General Court (or a.s.sembly) dissolved, the Governor refusing to call a new one, and the people almost reduced to a state of despair, rendered it highly expedient and necessary for the people to convene their (town) committees to a.s.sociate (in convention), consult, and advise the best means to promote peace and good order; to present their united complaints to the Throne, and jointly to pray for the Royal interposition in favour of their violated rights; nor can this procedure possibly be illegal, as they expressly disclaim all governmental acts.

"That the establishment of a standing army in this colony, in time of peace, is an invasion of national rights.

"That a standing army is not known as a part of the British const.i.tution.

"That sending an armed force into the colony, under pretence of a.s.sisting the civil authority, is highly dangerous to the people, unprecedented and unconst.i.tutional."

On the 12th of July the Governor sent a message to the House requesting an explicit answer to his message of the 6th, as to whether the House would or would not make provision for quartering the troops. After anxious deliberation, the unusually full House of 107 members present unanimously answered:

"As representatives, by the Royal Charter and the nature of our trust, we are only empowered to grant such aids as are reasonable, of which we are free and independent judges, at liberty to follow the dictates of our own understanding, without regard to the mandates of another. Your Excellency must, therefore, excuse us in this express declaration that as we cannot, consistently with our honour or interest, and much less with the duty we owe to our const.i.tuents, so we shall never make provision for the purposes mentioned in your messages."

Governor Barnard rejoined, in his last words to the a.s.sembly, "To his Majesty, and if he pleases to his Parliament, must be referred your invasion of the rights of the Imperial sovereignty. By your own acts you will be judged. Your publications are plain and explicit, and need no comment." And he prorogued the a.s.sembly until the 10th day of January, 1770. He wrote to Lord Hillsborough: "Their last message exceeds everything." Three weeks afterwards, the 1st of August, unexpectedly to himself, Barnard was recalled. He had expected to be appointed Governor of Virginia; but on his arrival in England he found that the British Ministers had promised the London-American merchants that they would never employ him again in America.[310] He answered the purposes of the corrupt Ministerial oligarchy in England, to mislead the Sovereign on one hand and oppress the colonists on the other. But for him there would have been no s.h.i.+ps of war or military sent to Boston; no conflicts between the citizens and soldiers; probably no revolutionary war.

Barnard's departure from Boston was signalized by the ringing of bells, and firing of cannon, and bonfires at night. He was succeeded in the government by Lieutenant-Governor Hutchinson, a man who had rendered great service to his native country by his History, and his labours in the Legislature for ten years, but who had become extremely unpopular by his secret support of the English Revenue Acts and duplicate policy of Barnard, whom he at length equalled in avarice and deception, and greatly excelled in ability.

One of the most effective and least objectionable means of obtaining the repeal of the Revenue Acts was the agreement not to purchase or import goods of British manufacture or goods imported from British ports. At best the revenues arising from the operation of these Acts would not amount to 20,000 a year. They were maintained in England as a badge of the absolute authority of Parliament; they were resisted in America as a badge of colonial independence of taxation--without representation.

There was no crime, political or moral, in refusing to buy goods of any kind, much less goods burdened with what they considered unlawful duties. Mr. Bancroft remarks:

"The agreement of non-importation originated in New York, where it was rigidly carried into effect. No acrimony appeared; every one, without so much as a single dissentient, approved of the combination as wise and legal; persons in the highest stations declared against the Revenue Acts, and the Governor wished their repeal. His acquiescence in the a.s.sociation for coercing that repeal led the moderate men among the patriots of New York to plan a union of the colonies in an American Parliament (similar to that which now exists in the Dominion of Canada), preserving the Governments of the several colonies, and having the members of the General Parliament chosen by their respective Legislatures. They were preparing the greatest work of their generation, to be matured at a later day. Their confidence of immediate success a.s.sisted to make them alike disinclined to independence and firm in their expectation of bringing England to reason by suspending their mutual trade.

"The people of Boston, stimulated by the unanimity and scrupulous fidelity of New York, were impatient that a son of Barnard, two sons of Hutchinson, and about five others, would not accede to the agreement. At a great meeting of merchants in Faneuil Hall, Hanc.o.c.k proposed to send for Hutchinson's two sons, hinting, what was true, that the Lieutenant-Governor was himself a partner with them in their late extraordinary importations of tea. As the best means of coercion, it was voted not to purchase anything of the recusants. Subscription papers to that effect were carried around from house to house, and everybody complied."

"A letter from New York next invited Boston to extend the agreement against importing indefinitely, until every Act imposing duties should be repealed; and on the 17th (of October), by the great influence of Molineux, Otis, Samuel Adams, and William Cooper, this new form was adopted."[311] The opposition in Boston to the reception of goods from England became so general and determined, that even Governor Hutchinson quailed before it, and the soldiers stood silent and inactive witnesses of it. Mr. Bancroft says:

"Early in October (1769), a vessel laden with goods, s.h.i.+pped by English houses themselves, arrived in Boston. The military officers had been speculating on what would be done, and Colonel Dalrymple stood ready to protect the factors. But his a.s.sistance was not demanded. Hutchinson permitted the merchants to reduce the consignees to submission, and even to compel an English adventurer to re-embark his goods. One and another of the Boston recusants yielded; even the two sons of Hutchinson himself, by their father's direction, gave up 18 chests of tea, and entered fully into the (non-importation) agreement. Four still held out, and their names, with those of the two sons of Hutchinson, whose sincerity was questioned, stood recorded as infamous on the journals of the town of Boston. On the 15th another s.h.i.+p arrived; again the troops looked on as bystanders, and witnessed the complete victory of the people."[312]

But in the following month, November, a new turn was given to public thought, and new feelings of joy were inspired throughout America, by a dispatch from Lord Hillsborough to the King's personal friend, Lord Botetourt, Governor of Virginia, promising the repeal of the obnoxious Revenue Acts, and to impose no further taxes on the colonies. Lord Hillsborough says:

"I can take upon me to a.s.sure you, notwithstanding information to the contrary from men with factious and seditious views, that his Majesty's present Administration have at no time entertained a design to propose to Parliament to lay any further taxes upon America for the purpose of raising a revenue; and that it is at present their intention to propose, the next session of Parliament, to take off the duties upon gla.s.s, paper and colours, upon consideration of such duties having been laid contrary to the true principles of commerce." Lord Hillsborough further informed Lord Botetourt that "his Majesty relied upon his prudence and fidelity to make such explanation of his Majesty's measures as would tend to remove prejudices and to re-establish mutual confidence and affection between the mother country and the colonies."

In Lord Botetourt's address to the Virginia a.s.sembly, transmitting a copy of the dispatch, he said:

"It may possibly be objected that as his Majesty's present Administration are not immortal, their successors may be inclined to attempt to undo what the present Ministers shall have attempted to perform; and to that objection I can give but this answer: that it is my firm opinion that the plan I have stated to you will certainly take place, and that it will never be departed from; and so determined am I for ever to abide by it, that I will be content to be declared infamous if I do not, to the last hour of my life, at all times, in all places, and upon all occasions, exert every power with which I either am, or ever shall be, legally invested, in order to obtain and maintain for the continent of America that satisfaction which I have been authorized to promise this day by the confidential servants of our gracious Sovereign, who, to my certain knowledge, rates his honour so high, that he would rather part with his crown than preserve it by deceit."

These a.s.surances were received by the Virginians with transports of joy, viewing them as they did as abandoning, never to be resumed, the design of raising a revenue in America by Act of Parliament. The General a.s.sembly of Virginia, in reply to Lord Botetourt's address, thus expressed themselves:

"We are sure our most gracious Sovereign, under whatever changes may happen in his confidential servants, will remain immutable in the ways of truth and justice, and that he is incapable of deceiving his faithful subjects; and we esteem your lords.h.i.+p's information not only as warranted, but even sanctified by the Royal word."[313]

It was understood and expected on all sides that the unproductive tax on tea would be repealed with the other articles enumerated in the Revenue Acts. Such was the wish of Governor Botetourt; such was the advice of Eden, the newly appointed Lieutenant-Governor of Maryland; Golden, who now administered the government of New York, on account of the death of More, a.s.sured the Legislature of the greatest probability that the late duties imposed by authority of Parliament, so much to the dissatisfaction of the colonies, would be taken off the ensuing session.[314]

"Thus," says Mr. Bancroft, "all America confined its issue with Great Britain to the single question of the Act imposing a duty on tea." "Will not a repeal of all other duties satisfy the colonists?" asked one of the Ministerial party of Franklin in London. And he frankly answered, 'I think not; it is not the sum paid in the duty on tea that is complained of as a burden, but the principle of the Act expressed in the preamble.'

This faithful advice was communicated to the Ministry; but what effect could it produce when Hillsborough administered the colonies, with Barnard for his counsellor?[315]

FOOTNOTES:

[Footnote 309: Ramsay's Colonial History, Vol. I., Chapter iii., p. 359.

The following are the resolutions subscribed by the merchants and traders of New York, dated 27th August, 1768:

I. That we will not send for from Great Britain, either upon our own account or on commission, this fall, any other goods than what we have already ordered.

II. That we will not import any kind of merchandise from Great Britain, either on our own account or on commission, or any otherwise, nor purchase from any factor or others, any kind of goods imported from Great Britain directly, or by way of any of the other colonies, or by way of the West Indies, that shall be s.h.i.+pped from Great Britain after the first day of November, until the forementioned Acts of Parliament, imposing duties on paper, gla.s.s, etc., be repealed; except only the articles of coals, salt, sailcloth, wool, card-wool, grindstones, chalk, lead, tin, sheet-copper, and German steel.

III. We further agree not to import any kind of merchandise from Hamburg and Holland, directly from thence, nor by any other way whatsoever, more than we have already ordered, except tiles and bricks.

IV. We also promise to countermand all orders given from Great Britain, or since the 16th instant, by the first conveyance; ordering those goods not to be sent, unless the forementioned duties are taken off.

V. And we further agree, that if any person or persons subscribing hereto shall take any advantage, by importing any kind of goods that are herein restricted, directly or indirectly, contrary to the true intent and meaning of this agreement, such person or persons shall by us be deemed enemies to their country.

VI. Lastly, we agree, that if any goods shall be consigned or sent over to us, contrary to our agreement in this subscription, such goods so imported shall be lodged in some public warehouse, there to be kept under confinement until the forementioned Acts be repealed.]

[Footnote 310: The following is the portrait which Mr. Bancroft has drawn of the character of Barnard, and I cannot deny its accuracy: