39

CHA P. III.

Difturbances in the American colonies on account of the flamp act-Change of miniftry—Death and character of the -Parliamentary debates on taxing the colonies Stamp act repealed-Declaratory and other bills paffed-New change of ministry.

duke of Cumberland

HILE the affairs of Britain flourished in the

W Eaft, the moft fatal diffentions had taken place be

country;

CHAP.

III.

1765.

America

tween the American colonists and the mother
and which, even at this time, seemed ready to come to the
ultimate decifion of all human difputes. The very first ac-
counts of the stamp-act being propofed, had occafioned
great disturbances, which were further encreased on hear- Violent
ing that it had paffed both houfes; but when certain in- comme-
telligence arrived, that it was to take place in its full ex- tions in
tent by the beginning of November, the popular fury on account
broke out in the most outrageous manner, especially at of the
Boston. All the fhips in the harbour were put in mourn- ftamp-act.
ing, the bells were rung muffled, the act was printed with
a death's-head affixed to it, and hawked about the streets,
under the title of "The folly of England, and ruin of
America." It was reprobated by numberlefs effays in
newspapers and others, one of which, intitled, "The Con-
ftitutional Courant, containing matters interesting to li-
berty, and no way repugnant to loyalty," had, for a de-
vice, a fnake cut into thirteen pieces, each marked with
the initials of one of the colonies, with the motto, Join or
die, in large letters above, Such were the methods by
which the lower claffes expreffed their refentment, and
which were undoubtedly countenanced by those of higher
rank. The refentment of the latter, indeed, though lefs
openly expreffed, was no lefs determined. The argumenta

1

1

1705.

CHAP. they used, confifted moftly of those which were fo warmIII. ly agitated on this fide of the water; but two obfervations feemed peculiar to the American countenance. One was, that, by this act, any perfon had it in his power to bring an action originating at one end of the continent to the other, at the distance of two thousand miles, without the aggrieved party being able to bring an action of damages, even though the judge fhould certify that there was no probable caule for the profecution. The other was, that judges were interested in giving a decree in favour of the party fuing for the penalties of the act, being allowed, by way of commiffion, a large share of these penalties.

In this manner things proceeded from bad to worse. The act, as printed at the king's printing houfe, and fent to America, was publicly burnt, along with the effigies of those who were fuppofed to have had the moft active hand in promoting it; while the highest honours were paid to fuch members of parliament as had distinguished themfelves by their oppofition. The news of these violent proceedings intimidated many masters of fhips from taking any flamps on board, while thofe who did, fuffered feverely for their temerity, being obliged to furrender their cargoes into the hands of the enraged multitude, who treated the ftamps in the fame manner as they had done the act itfelf. In fhort, to fuch an extremity did the opposition to this act arife, that by the time it fhould have taken place, there was not a sheet of ftamped paper to be found throughout the continent, excepting fuch as had been protected either by the fhips of war, or depofited in fome fortreffes on land. In Canada, the news-printers, who, in terms of the act, printed on ftamped paper, could find no fale for their works; but in other parts of the continent, this businefs went on as ufual without ftamps, the printers alleging, and no doubt very juftly, that they durit do no otherwife for fear of the popular fury.

The fate of thofe unfortunate perfons who had come from Britain as commiffioners of the ftamp duties may eafily be conjectured. Some were fain to return from whence they came; others obliged to renounce, in the moft public and folemn manner, all connection with their intended office; and those who had refolution to hold out in defiance of all danger, had their houses plundered and burnt, or otherwife deftroyed. No rank or quality was fufficient, to protect from thefe outrages. The governor of New-York was obliged to deliver up a fmall quantity of stamped paper he had preferved, and to promise that he should never require its being used, merely to prevent it from being de

III.

1765.

troyed. Other governors and chief juftices, on whom this CHAP. difagreeable service had devolved, were every where treated in fuch a manner, as showed that all refpect and deference for the authority of the mother country was inftantly to ceafe. Many of the higher claffes now mixed with the populace; provincial affemblies refufed to concur with their governors in attempting to fupprefs thofe difturbances; nay, when the rioters happened to be apprehended and brought before them, the flighteft punishment that could with decency be contrived was inflicted upon the delinquents; and, instead of calling in the military to quell the mobs which happened almost every day, the cannon belonging to the forts and fhip-yards were fpiked up, left fome hoftile ufe fhould have been made of them by the fervants of government.

The provincial assemblies, finding themselves feconded by innumerable meetings of people of all ranks, proceeded to avow their independence in the most explicit terms. The juftices of the peace in a diftrict of Virginia refigned their commiffion, and lawyers chose rather to decline bufiness than carry it on with ftamped paper. The oppofition was rendered complete, by an affociation among the merchants, to import no more goods from Britain after the ift of January, 1766, and to recal thofe orders they had already given, if not anfwered before that time, until the stampact, as well as thofe relating to fugar and paper money fhould be repealed; while the colonies of Virginia and South-Carolina threatened to put a stop to the exportation of tobacco, an article of immenfe value to government, on account of the vaft fum annually produced by the duty on its importation into Britain.

Miniftry
July.

In the mean time the British ministry, whom the discon- Change of tents in America, and the violent clamours of oppofition at home, had rendered very unpopular, fell also under the displeasure of his majefty, the cause of which is faid to have been the little refpect fhewn to the Princess Dowager of Wales in the framing of the regency bill; for, in its original ftate, her name was not mentioned among those who in the event of the crown devolving upon a minor, were to have any fhare in the government. The new administration was formed on the recommendation of his Royal Highness the late Duke of Cumberland. It confifted of the Marquis of Rockingham, firft Lord of the Treafury; the Duke of Grafton, and the Right Honourable Mr. Conway, brother to the Earl of Hertford, Secretaries of State, and the Duke of Newcastle, Lord Privy Seal. During the fhort time this new miniftry continued in office, many popular acts were

1765.

CHAP. paffed. Nothing, indeed, could be more unfavourable III. than the aspect of affairs when they firft took the lead. The colonies, by applying to Ireland for fuch commodities as they could not poffibly want, had greatly benefited that kingdom, while Britain was depreffed in the fame proportion; our manufactures were at a ftand, provifions extremely dear, and a miferable populace unemployed, and in a starving condition; the colonies in the utmost state of anarchy and confufion, as has already been related, and po pular licentioufnefs carried to fuch an height as could be exceeded only by an actual rebellion. It cannot, indeed, be fuppofed, that the Americans were totally free of inconvenience from the effects of their non-importation agreement; but their warehoufes were full of British goods as yet unpaid, while their country affording most of the neceffaries of life in great abundance, prevented the inhabitants from being equally affected with those of Britain. There was a neceflity, therefore, of inftantly enforcing the ftamp-act by the extremes of war, or of reDeath and pealing it altogether. In this fituation, the miniftry loft character their illuftrious patron, William Duke of Cumberland, of the Duke who died the 31st of October, 1765. He had felt fome land. fymptoms of illness the preceding night, which, however, were fo flight, that they did not prevent him from preparing to affift at one of the councils frequently held to bring matters forward for the confideration of the Privy Council. Here he was fuddenly taken ill again, and almost instantly fell senseless into the arms of the Earl of Albemarle.

of Cumber.

The death of his Royal Highness was univerfally lamented, with the most fincere marks of affliction. He poffeffed every quality requifite to adorn the high station. in which he was placed. To the knowledge of letters he added a confummate experience in the art of war, so that he was univerfally allowed to be one of the best foldiers in Europe; nor was he lefs verfant in the arts of peace, at the fame time that his extensive benevolence, and which difplayed itself in his countenance, rendered him a blesfing to all around him. He laid out the greateft part of the revenue, fettled upon him for his fervices, in improving Windfor Park, which, by the free accefs to it, was rendered in fome measure almost as much the property of the fubject as of the fovereign.

By the death of this illuftrious perfonage, the ministry found themselves obliged to encounter a moft formidable oppofition, compofed not only of those who had been active in framing the ftamp-act, but alfo of many who at first had oppofed it. The former contended, that it was

III.

fill proper, as it had originally been, to enforce the CHAP. ftamp-act; and the latter, that though the act was in itfelf improper, the enforcement of it now became abfolutely neceffary, that the authority of the mother country over her colonies might be preserved inviolate.

1765.

Debates in

fairs.

On the meeting of parliament, December 17th 1765, a confideration of the American affairs, and of the most parliament proper methods for reftoring tranquillity to the colonies was on the Arecommended from the throne, and a rommendation of merican af the fame kind was given in the fpeech w ..ollowed the recefs on the Christmas holidays. In taking thefe matters into confideration, the parliamentary right of taxing the colonies was debated in the most full and ample manner, and, at the fame time, with a moderation of temper feldom or never to be met with in any of the fubfequent debates, either public or private, which were carried on during this unhappy contest.

On the part of the Americans, it was argued, from the natural rights of mankind, the original defign of govern ment, which was the good of fociety, as well as from Magna Charta, that no British subject can be legally taxed but with his own confent, or that of his reprefentatives; and, as the Americans were not reprefented in Parliament, they could not of confequence be legally taxed. Examples were brought from the counties palatine of Chefter, Durham, and Lancafter, the marches of Wales, and from the clergy; none of all these being for a long time subject to parliamentary taxation. It was not, however, denied, that Parliament had a right to tax the colonies externally, by laying duties on their ports, or those injoined by the navigation-act; but thofe complained of were the internal taxes, which could be levied only by the body of the people.

To this it was replied, That the conftitution of the country was already fixed, and confequently, that no arguments drawn from the natural rights of mankind or the original inftitution of government, could now be of any fignification. The examples adduced were alledged not to be fair, or to the purpose. The marches of Wales, or the borderers, were privileged for a fhort time, on account of their having afflifted King Edward in his wars. One of the counties palatine was taxed fifty years before it fent members to Parliament; and, as for the clergy, they never · feem to have been free from parliamentary taxation. Arguments were likewife drawn from the violent difputes, and even civil wars, that had formerly taken place among ..the colonies, by which their incapacity to govern them VOL. V. G