Monday, November 14, 2016

PART 3:THE TRUE HISTORY OF THE AMERICAN REVOLUTION

 THE TRUE HISTORY OF THE AMERICAN REVOLUTION
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By Sydney George Fisher

THE AMERICAN REVOLUTION  
III 
PARLIAMENT PASSES A STAMP TAX AND REPEALS IT
AT the same time that the British government started to put down smuggling in 1764 it also prepared a new system of taxation for the colonies as part of the remodeling which seemed to be necessary. In fact, the "sugar act" passed on March 10 of that year, was a taxing act, and declared in its preamble that it was intended to raise a revenue from the colonies to defray the expenses of protecting and governing them. 

This taxation of the colonies was not a new idea. They had always been taxed, especially during the wars with France. There was a regular system by which the British Secretary of State made a requisition on the colonies through the colonial governors, stating the quota of money or supplies required from each. Each colonial assembly thereupon began a long wrangle with its governor, and usually ended by voting the supply or part of it, which was collected from the people by taxation. 

It was a voluntary system, for sometimes a colony would grant no supply at all. It was, in short, the old feudal aid system, the system in which all taxation in England had originated. Taxation was originally not a self-acting system of compulsion. Taxes were gifts, grants, or aids, which the people, or their feudal lords, or Parliament as representing the people, granted to the king at irregular intervals to assist the government in wars or other undertakings ; or, as Mr. Stubbs puts it, " the taxpayers made a voluntary offering to relieve the wants of the ruler." *
*" Constitutional History of England," edition of 1875, vol. i. p. 577. 
This voluntary system had long since ceased in England, and the modern, annual, self-acting system prevailed both there and also in the local taxation of the colonies. The taxation proposed in 1764 was taxation by the modern system. It was not a new or sudden thought. It had been suggested in 1713 when Harley was at the head of the treasury, and again at the opening of the Seven Years' War. It had also been advocated in the early part of the century by Governor Keith, of Pennsylvania, who was also one of those who foresaw the leaning of some of the colonists towards independence, and thought that such a spirit should be nipped in the bud. Colonial taxation had for a long time been an obvious measure, and might have been tried much sooner if France had not been in Canada. 

Looked at in the light of all the circumstances it was not necessarily an evil or tyrannical measure. If we once admit that the colonial status is not an improper one, and that it is no infringement of natural or political rights for a nation to have dependencies or subject peoples, taxing them in a moderate and fair way seems to follow as a matter of course. England still levies indirect taxes on India and the crown colonies, and occasionally a charge similar to a direct tax, as in the case of colonial lighthouses.#
# Jenkyns, " British Rule and Jurisdiction beyond the Seas," pp. 10, 11.
England was generally believed to be bankrupt, groaning under the vast debt of over 148,000,000, which had been heaped up by the war she had just waged to save the colonies from the clutches of France. It was a heavy debt for a country of barely eight million people. The colonies had no taxes, except the very light ones which they levied on themselves by their own legislative assemblies. But the people in England suffered under very heavy and burdensome taxes on all sorts of articles, including the wheels on their wagons, the panes of glass in their houses, and other things which involved prying and irritating investigations. All this was to help pay for that great war, and why should not the colonies be called upon for their share ? While the war was being carried on they had been taxed in the old way, and, on requisition from the home government, had voted in their legislative assemblies supplies of money, men, and provisions. Now that peace was declared, why should they not help to pay the war debt, by the modern, more orderly, and regular system ?

The colonists were very much attached to the old voluntary system. They took the greatest delight in it; for whenever a governor announced that he had been instructed to obtain a certain quota, the legislature had a chance to worry him and strike a bargain for his consent to some of their favorite measures. But the delays caused by this wrangling were very exasperating to generals in the field during the French War, and also to the home government. 

Besides this uncertainty and delay, it seemed to Englishmen that the voluntary system was very unequal and unfair. Some colonies, like Pennsylvania and Massachusetts, gave large supplies; and others, like New Jersey, Maryland, or Georgia, gave little or none at all, and this raised jealousies, bickering, and quarrels. 

But the colonists, knowing that in the long run they always got the better of the governors, would not admit the validity of any such objections. When modern taxation was suggested, they would blandly inquire what could be better than the old voluntary system ? They would dilate on their loyalty and affection for the crown ; and the ideal beauty of those gifts to " dear mother England/' which they voluntarily and without even the suggestion of force had always out of the abundance of their overflowing devotion supplied. Did you not yourselves, they would say, think that in the last war we had been too complying and too generous in our devotion to the king, and did you not hand us back 133,333 6s. 8d., which you said we had paid over and above our share of the expense ? Let the king frankly tell us his necessities, and we will in the future, as in the past, of our own volition, assist him.

That refunding of the 133,000 proved to be somewhat like the repealing of the stamp tax, a generosity of which the government afterwards repented. But it is easy to see how public men of both parties in England, accustomed to methodical methods and regular, orderly taxation, would naturally conclude that there should be a surer and more orderly way of raising money or supplies from the colonies.The refunding of the 133,000 was in their eyes an argument against the old method, because the greater part of that sum had been returned only to Massachusetts and one or two other provinces which had given supplies in an absurd excess over all the others. It was ridiculous for a great nation to have to conduct its finances by this sort of refunding. It would be better to have a simple self-acting method like the stamp tax that would bear equally on all.

Accordingly, on the 10th day of March, 1764, that famous year of colonial reorganization and reform, and the same day on which the "sugar act" and the law for the further restraint of paper money in the colonies were passed, Mr. Grenville, Chancellor of the Exchequer, announced in Parliament the plan, of a stamp tax for the colonies. He introduced and secured the passage of some resolutions on the right, equity, and policy of colonial taxation which were intended to raise the whole question and have it discussed for a year before any particular measure was offered.

The ministry went about this measure with that display of considerate care and tenderness which England has so often shown to dependencies, a tenderness very much admired by some, but very exasperating to a people who are fond of freedom. Mr. Grenville not only wanted the subject discussed for a year in England before final action was taken, but he wanted the colonists to discuss it and offer suggestions, or propose some better plan of taxation, or one that would be more agreeable to them. He was lavishly candid in saying that the " sugar act" just passed levied an external tax, the validity of which the colonists admitted ; but the stamp tax might be an internal tax, the validity of which might be denied in America ; and he wished that question fully discussed. He was also excessively liberal in hinting to the colonial agents in London that now was the opportunity for the colonies, by voluntarily agreeing to the stamp tax, or an equivalent, to establish a precedent for being consulted before any tax was imposed upon them by Parliament. He afterwards made a great point of selecting as stamp officials in America only such persons as were natives of the country. 

The patriotic party in America was far too shrewd to accept the Stamp Act or offer an equivalent. They sent back some petitions and remonstrances against it, but for the most part were quite sullen. A year went by. The proposed tax was drafted into the form of a law, passed with scarcely any debate, and approved by the king, March 22, 1765. 

It provided a stamp tax on newspapers and all legal and business documents, and was full of tiresome, wordy details. It was the sort of tax which we levied on ourselves during the Civil War and again at the time of the war with Spain. It is unquestionably the fairest, most equally distributed, and easiest to collect of all forms of taxes. Scarcely any one in England seems to have had any doubt as to the right of Parliament to levy such a tax, an internal one, so-called, on the colonies.
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But the colonists who had defied navigation laws and ruled themselves almost independently for over a hundred years, could not accept such a tax. News of the passage of the act seems to have reached this country in May. Virginia immediately led the way in passing resolutions of protest, and it was in speaking on these resolutions that Patrick Henry made his famous treasonable speech, " Csesar had his Brutus, Charles I. his Cromwell, and George III. may profit by their example." 

The assemblies of the other colonies quickly followed with similar resolutions. These resolutions, taken as a whole, protest against the extension of the power of the admiralty courts as well as against the Stamp Act. They all argue the question somewhat ; and base themselves on the position that Parliament had never before taxed the colonies in internal matters, and that internal taxation was therefore the exclusive province of the colonial legislatures. They admit that Parliament can tax them externally, or, as they put it, regulate their commerce by levying duties on it, and regulate them, as in fact it always had done, in all internal matters, except this one of internal taxes.[We shall see how the book proceeds but to me,I am seeing a bias on behalf of the author toward England in his narrative.Using the presence of France in Canada as a reason for England's actions towards the people in America comes off as totally self serving to me D.C.] 

This position was very weak, because it admitted the right to regulate all their internal affairs except one ; and the distinction it raised between external and internal taxes was altogether absurd. There was no real or substantial difference between external and internal taxes; between taxes levied at a seaport and taxes levied throughout the country. The colonists afterwards saw this weakness and changed their ground. But this supposed distinction between external and internal taxes was good enough to begin with, and the Revolution, during the seventeen years of its active progress, was largely a question of the evolution of opinion.

During that summer of 1765, while the assemblies of the different colonies were passing resolutions of protest, the mobs of the patriot party were protesting in another way. It certainly amazed Englishmen to read that the mob in Boston, not content with hanging in effigy the proposed stamp distributors, leveled the office of one of them to the ground and smashed the windows and furniture of his private house; that they destroyed the papers and records of the court of admiralty, sacked the house of the comptroller of customs, and drank themselves drunk with his wines; and, finally, actually proceeded to the house of Lieutenant-Governor Hutchinson, who was compelled to flee to save his life. They completely gutted his house, stamped upon the chairs and mahogany tables until they were wrecked, smashed the large, gilt framed pictures, and tore up all the fruit-trees in his garden. Governor Hutchinson was a native of the province, was its historian, and with his library perished many invaluable historical manuscripts which he had been thirty years collecting. The mob cut open the beds and let the feathers out, which they scattered with his clothes, linen, smashed furniture, and pictures in the street.* 
* New England Historical and Genealogical Register, vol. xxxii. p. 268; Hutchinson, "Massachusetts," vol. iii. pp. 122-127; Massachusetts Archives, vol. xxvi. p. 143 ; Boston Q-azette, August 19, September 2, 1765; Hutchinson's Correspondence, vol. ii. p. 143; "Letters of James Murray, Loyalist,' 7 p. 258.
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That this outrage had been incited the day before by the preaching of the Rev. Dr. Mayhew, a Puritan divine, did not lessen its atrocity in the eyes of Englishmen. He had held forth on the text, " I would they were even cut off which trouble you ;" and the mob came very near obeying his instructions literally. A great many respectable citizens were shocked, or appeared to be shocked, at this violence and excess. They held town meetings of abhorrence, a guard was organized to prevent such outrages in the future, and rewards were offered for rioters. But it is quite significant that, although the rioters were well known, as the historians assure us, no one was punished. Two or three were arrested, but were rescued by their friends, and it was found impossible to proceed against them.* 
* Elliott, "New England," yol. ii. pp. 264, 255; Hildreth, vol. ii. chap, zxviii. p. 528.
It is not necessary to describe in detail the action of mobs in the other colonies. They were somewhat less violent than in Massachusetts, and their proceedings were usually directed to compelling the stamp distributors to resign their office. Such successful, widespread, and thorough rioting we have scarcely ever seen in our time. 

It strengthened the very natural feeling in England that British sovereignty and order must at all hazards be established in America. On the side of the colonists it may be observed that this widespread rioting and its violence disclose a strong party already far separated from England. 

In the autumn a respectable body of colonists met in New York to deal with the Stamp Act question. This meeting, which has ever since been known as the Stamp Act Congress, had been suggested by the Massachusetts Assembly. Neither Virginia, South Carolina, nor Georgia were represented in it, which may be incidentally noticed as tending to show that the rebel or patriot movement was not very strong in those communities, or their governors would not have been able to prevent delegates going to New York.

The Stamp Act Congress passed resolutions of protest and sent a petition to the king and another to Parliament. The arguments in these documents are very much the same as those used in the previous remonstrances. They, of course, took the precaution of expressing great loyalty to Great Britain and admiration for the mighty British empire, to which, they said, it was a great happiness to belong. They protested against the extension of the power, of admiralty courts, and declared that they had the same rights as Englishmen born within the realm. But the groundwork of their position was that Parliament could not tax them internally unless they were represented in that body ; from the nature of things, they could never be represented, and therefore Parliament could never tax them. 

It is to be observed that they did not ask for representation in Parliament. They declared it to be impossible ; and Englishmen were quick to notice and comment on this. Grenville, in his speech against the repeal of the Stamp Act, called forcible attention to it, and reminded his hearers of its significance. 

It was the beginning of the rejection of all authority of Parliament. The colonists never changed their ground on this point. They always insisted that the distance across the ocean rendered representation impossible. It is quite obvious that the distance did not render representation impossible ; it merely made it somewhat inconvenient. Each colony maintained one or more agents in London to look after its affairs and represent it at the executive departments of the government ; and these agents sometimes appeared before Parliament as witnesses. Each colony could in a similar way have maintained representatives in Parliament.

Governor Bernard, of Massachusetts; tells us, in his "Select Letters" that at first the colonists were willing to be represented in Parliament, and made their argument in the alternative that if they were to be taxed internally they must be represented ; but fearing that representation might be allowed them, and that they would be irretrievably bound by any measure passed by Parliament, they quickly shifted to the position that representation was impossible, and therefore internal taxation constitutionally impossible. 

The documents of the colonists do not express a willingness to be represented, although there are expressions used from which such a willingness might possibly be inferred. They may, however, have expressed such willingness in conversation; but after the time of the Stamp Act Congress all their published statements cling tightly to the impossibility of representation. 

This was regarded by many as a sure sign of the determination of the rebel party to break from England in the end, and an evidence of the insincerity of their professions of loyalty. Raynal, the French writer, in his " Philosophical and Political History of the European Settlements in America," advised them never to yield on this impossibility of representation, for if once they were represented, the rest of Parliament could easily outvote them, their liberties would be gone, and their fetters permanently forged upon them.* 
* Extracts from Baynal's book were widely circulated in a pamphlet called " The Sentiments of a Foreigner on the Disputes of Great Britain with America." See, also, Cartwright's "American Independence, the Interest and Glory of Great Britain," p. 50.

The Stamp Act Congress admitted that the colonists owed allegiance to the British crown ; and they also said that they owed  all due subordination to that august body, the Parliament of Great Britain." Parliament, therefore, had full authority over them, could tax their commerce by duties at the seaports, and levy this duty on exports as well as on imports, do everything, in short, except tax them internally.

But if the principle "no taxation without representation" were sound English constitutional law, why did the colonists admit that they could be taxed at their seaports without representation ? A tax levied by Parliament on sugar, molasses, or other articles coming into the colonial seaports was paid by all the people of the province in the enhanced price of the goods. The duties on French and Spanish products, which had to be paid in specie, and drained specie out of the country, were a so-called external tax, but they drained specie out of the interior of the country as well as from the seaports. It was, as Lord Mansfield said, like a pebble thrown into a pond, the circles from the splash would extend over the whole pond. 

In fact, in the very nature of things there could be no tax that could properly be called an external one. Every tax was an internal tax, because any tax that could be conceived of had to be levied on people or property within the boundaries of the country. When once the tax-gatherer had entered the boundary, or taken private property for taxes just inside the boundary, at a seaport, it was as much internal taxation as though he were in the central town of the community. 

"What a pother," said an Irish member of Parliament, " whether money is to be taken out of their coat pocket or out of their waistcoat pocket." 

The colonists tried to keep up the distinction by saying that the duties on imports and exports were merely to regulate the commerce of the empire; the regulation of the commerce was the main object, and the duties were merely incidental.

" The seals yours," said Franklin, in his examination before Parliament ; " you maintain by your fleets the safety of navigation in it, and keep it clear of pirates ; you may have, therefore, a natural and equitable right to some toll or duty on merchandise carried through that part of your dominions, towards defraying the expense you are at in ships to maintain the safety of that carriage."; 
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Franklin, however, had not much faith in the distinction, for when closely questioned he foretold that the colonists would change their ground, and deny all authority of Parliament, external as well as internal. When his cross examiners pressed him with the absurdity of the distinction, and asked why the colonists should not also deny the right of external taxes, he replied, 

" They never have hitherto. Many arguments have been lately used here to show them that there is no difference, and that if you have no right to tax them internally, you have no right to tax them externally or make any other law to bind them. At present they do not reason so, but in time they may possibly be convinced by these arguments." 

The principle of " no taxation without representation," which the Stamp Act Congress declined to use against taxes levied at seaports, but cited against other taxes, had always been familiar to the colonists. It had been appealed to on several occasions in the past hundred and fifty years, notably in Virginia and Massachusetts, against acts of the British government. Its fairness was obvious to all who believed in representative government and republicanism, but not at all obvious to those who rejected those methods. It was the outgrowth of the Reformation doctrines of the natural rights of man, of which we shall have much to say hereafter. It was an application of the principle set forth in so many modern American documents, that no government can be just which does not rest on the consent of the governed. The "consent of the governed" doctrine was often expressed by the phrase, " No laws can be made or abrogated without the consent of the people or their representatives" Therefore taxing laws, like all other laws, must be by consent.

The colonists said that "no taxation without representation" was part of the British Constitution, one of the inalienable rights of Englishmen or Anglo-Saxons, as we would now put it. But so many things that particular persons want, or admire, are described in this way that we must be careful how we accept such statements. 

The British Constitution is a very fluid, fluctuating body, made up of customs, decisions of courts, acts of Parliament, tacit understandings, or whatever the omnipotent Parliament shall decide. There have always been two parties in England, at times diametrically opposed to each other ; so far apart in opinions that they might be separate nationalities or races, and yet each one insisting that its particular views are the true constitution. The English who came out to America were largely of one of these parties, which has been successively called roundhead, whig, or liberal. They have at times claimed as part of the British Constitution doctrines which were advocated by liberals in England, and which Americans also thought ought to be part of the British Constitution, but which were never fully accepted or adopted. 

The Quakers, Baptists, and others at one time declared that religious liberty was part of the British Constitution, meaning that it ought to be a part, and that they would make it a part of the Constitution if they could. But it was not a part, because the very reverse had been practiced for several hundred years, and had driven thousands of these people to America, and it never became a part of the Constitution until made so by act of Parliament when William of Orange ascended the throne after the revolution of 1688.

"No taxation without representation" was never a part of the British Constitution, and is not a part of it even now. It could not be adopted without at the same time accepting the doctrine of government by consent, and that doctrine no nation with colonies could adopt, because it is a flat denial of the lawfulness of the colonial relation.* 
*"The Conduct of the Late Administration considered, " p. 61, London, 1767. English writers pointed out that such a doctrine would destroy the British Constitution of that time and throw the country into anarchy and confusion. <{ The Constitutional Bight of the Legislature of Great Britain to tax the British Colonies, " p. 51, London, 1768
"No taxation without representation" had often been advocated in England by liberals of different sorts, Puritans, Round heads, and Whigs, who felt that they stood in need of it. The colonists thought that they had found two or three instances in which Parliament had partially recognized this doctrine. There were several old divisions of England, like the County Palatine of Chester, or the Principality of Wales, which in feudal times had been semi-independent. They were for a long time not taxed by Parliament, and when at last Parliament determined to tax them they were, the colonists said, given representation. The colonists clung to these instances and kept repeating them in all their pamphlets ; but the instances were denied by some writers, and were certainly without avail in convincing Parliament and the vast majority of Englishmen.# 
#"The Bights of Great Britain asserted," p. 6, London, 1776; "Bemarks on the Beyiew of the Controversy between Great Britain and her Colonies,' 7 p. 85.
Englishmen easily replied that these one or two instances, even supposing them to be as the colonists stated, were accidental and amounted to nothing in the face of the long continued practice and custom to the contrary. In the year 1765 scarcely any of the great towns in England had representatives in Parliament and yet they were taxed. London, Birmingham, Manchester, Liverpool, Leeds, and Halifax paid their taxes every year, and sent not a single member to Parliament. In fact, out of the eight million people in England there were not above three hundred thousand represented.* 
*" The Eight of the British Legislature to tax the American Colonies/ 7 London, 1774 ; " An Englishman's Answer to the Address from the Delegates to the People of Great Britain," etc., p. 8, New York, 1775.

Parliament was made up largely of rotten boroughs or pocket boroughs in the control of individuals or noblemen. Old Sarum had not a single inhabitant, and yet sent two members to Parliament. Representative government as the colonists understood and practiced it in their local assemblies, or as we now understand it, had at that time no existence in England. 

All this was wrong and a bad system, as we would say in America ; but that is not the question. Parliament had slowly grown into that state from the old feudal customs ; and that growth or that condition was the British Constitution of that day. There were a few, a very few, men in England who wanted it changed and the principle of no taxation without representation adopted. Lord Camden argued to this effect during the Stamp Act debates in a most interesting speech in the House of Lords. Lord Mansfield, a still greater legal luminary, argued on the opposite side. These two speeches are well worth reading by any one who is interested in the details of the subject.

Mansfield's side was, of course, successful. When the British Parliament announced, by the Declaratory Act of 1766, that they had the constitutional right to tax the colonies as they pleased, externally or internally, up or down, or in any other way, they were undoubtedly acting in accordance with the long settled constitutional custom, and that decision has never been reversed.* 
*Younge, " Constitutional History of England," p. 72. The British Parliament has to-day the right to tax any of its colonies without representation. Parliament is omnipotent in this as in other respects, and has been so declared as late as 1865. "American Historical Review," vol. i.p. 37; Proceedings of the American Antiquarian Society, vol. vii. p. 181 ; Jenkyns, u British Bule and Jurisdiction beyond the Sea," p. 10.
The sum of the matter in regard to no taxation without representation is, that America, having been settled by the liberal, radical, and in most instances minority element of English politics, accepted, and England, being usually under the influence of the Tory element, rejected this much discussed doctrine. We went our separate ways. Although we were of the same race as the people of England, the differences between us were as far-reaching and radical as though we were a totally different people, and the gulf was being steadily widened. 

In arguing with the colonists, an Englishman would sometimes leave the firm ground of pure constitutional right, and say, you are already represented in Parliament more amply and fully represented than you could be in one of your own, and better protected than if you sent your own people to the Parliament that sits in London. There are always members there who take a special interest in you and protect all the rights to which you are entitled. William Pitt and Lord Camden, as well as Fox, Barr, Conway, Pownall, Dowdeswill, and Edmund Burke, fight your battles for you with an eloquence far beyond any your ablest men possess, and it was by their defense of you that the Stamp Act and the paint, paper, and glass act were repealed.

There was a certain amount of force in this argument, especially to a mind that was inclined to loyalism. But the patriotic party replied that they wanted the protection of ascertained and fixed rights, so that they would not need the condescending protection of these so-called great men in Parliament who would not live forever or who might change their opinions. 

The Englishman would then argue that the colonists were virtually represented in Parliament just as the vast majority of people in England were virtually represented. All the members of Parliament, although elected by an insignificant fraction of the people, were charged with the duty of legislating for those unrepresented, and caring for their interests, and had always done so. The seven million people who had no direct representation were nevertheless virtually represented by all the members of Parliament, and in the same way the colonists were virtually represented. 

This was the only sort of representation which the majority of Englishmen recognized or understood, and they maintained it down into our own time. The American systematic representation by small districts, giving an approximately equal and thorough representation, was not only unrecognized but regarded as a mere radical and dangerous dream of philosophers and visionaries. The House of Lords represented all the nobility, the House of Commons represented all the commoners, and the colonists as commoners were therefore fully represented. 

To this virtual representation the colonists had a very strong reply, because, as they pointed out, the unrepresented people in England were more or less intimately associated with the represented people, and the laws had to be the same for all. Those members of Parliament who laid taxes on unrepresented Leeds and Manchester taxed themselves and their constituents at the same time. But when they taxed America they could and did lay a tax entirely different from those they put on themselves and their constituents.*

* " Considerations on the Propriety of imposing Taxes in the British Colonies," London, 1766. See, also, "Considerations on the Mature and Extent of the Legislative Authority of the British Parliament/' Philadelphia. 

Yes, the Englishman would reply, and the difference has been that they put far lighter taxes on you than they place on themselves. England is overwhelmed with taxes on wagons, furniture, and every article a man can have, even to the panes of glass in his house. They propose nothing of that sort for you. They want from you only the lightest and most trifling taxes. The people of England pay twenty-five shillings per head in taxes. They ask from you only sixpence per head, although they have spent in support of your government and protection since 1690, without counting the cost of the war with France, 43,697,142, of which over 1,500,000 was paid in bounties on your products.# 


# "The Bights of Great Britain asserted against the Claims of America," p. 80, London, 1776. Cobbett, " Parliamentary History, " vol. xviii. p. 222.
Richard Bland, of Virginia, published an interesting argument. It is true, he said, that nearly nine-tenths of the people in England are not represented. But how has that happened ? By despotism and the alternation of the original laws of England. Among the old Anglo-Saxons, before the Normans came in, everything was equal and all the people were represented. If nine-tenths are now deprived of their rights, it is by a departure from the original Saxon purity, and that purity should be restored. Let us restore it in America, or rather keep it restored, for we have already restored it here, instead of imitating the oppression which has destroyed it in England.

The loyalists wanted the colonies to be directly represented in Parliament, and some of them argued that the only fair and proper way by which they could be represented would be by giving them representatives in proportion to their population, revenue, and growing power. As these were increasing every year, the representation would continually have to be enlarged ; and, as America was greater in its size and resources than England, the colonies would before long have more representatives in Parliament than the British Isles ; and the seat of power of the British empire would of necessity be removed to America.* 
* The forecasts of the increase of population which those who used this argument made have been very nearly fulfilled. They estimated one hundred and twenty millions for the year 1924. "We shall probably not reach that number at the present rate of increase, but we shall not be very far behind it. Other estimates which they gave were twenty-four millions in sixty years from 1774 and ninety-six millions in one hundred years. They based their estimates on the rate of increase in their own time, when the population doubled within thirty years ; but this rate was not kept up. 
The object of this argument was to try to settle all disputes by a closer union with the mother-country instead of drawing away from her. They tried to show the patriots that in the end America would reap the principal advantage of a closer union. This was one of the points where they differed decidedly from the Tory party in England. While believing in the empire, and rejecting all attempts to break it by independence, they professed to believe enough in America to wish it equal rights with England, and a final merger that would bring the king and London society to live in Philadelphia, leaving England to become a dependency.

"When the numbers, power, and revenues of America exceed those of Britain a revolution of the seat of empire will surely take place. . . . Should the Georges in regular succession wear the British diadem to a number ranking with the Louises of France, many a goodly prince of that royal line will have mingled his ashes with American dust, and not many generations may pass away before one of the first monarchs of the world on ascending his throne shall declare, with exulting joy, 'Born and educated among you, I glory in the name of American.' " "A Few Political Reflections submitted to the Consideration of the British Colonies," p. 49, Philadelphia, 1774. 

But it was all academic and aside from the practical question. The old Anglo-Saxon institutions had been extinguished in England for seven hundred years, and the loyalists saw visions. The vital question was as to the British Constitution as it stood in the year 1765. Could the patriot colonists persuade the British majority to change it and go the radical colonial way? 

When Englishmen and loyalists reflected that Parliament could enact the death penalty in the colonies, and take away a colonist's life by a law to which he had not consented, it seemed strange that it could not take from a colonist without his consent a shilling a year in taxes. They began collecting and publishing the numerous instances in which Parliament had long regulated colonial internal affairs, so as to show that it was hardly possible that there could be an exception in the one item of taxation inside of the seaports. 

A notable instance of internal regulation was the colonial post-office system, which was begun by an act of Parliament in 1692, and enlarged and extended by another act in 1710 ; and this same act fixed and regulated the rates of postage in all the colonies and exempted letter carriers from paying ferriage over rivers. It was unquestionably an internal regulation, and seemed very much like a tax on the colonists for carrying their letters. It was an internal tax and a very heavy one, because the postage rates were high. In 1765, the same year as the Stamp Act, the postage rates in the colonies were again regulated by Parliament. But although the colonists complained of the Stamp Act they never complained of the postage regulations.

Loyalists could be very annoying on this point, for it was difficult to deny that there was a strong resemblance between demanding postage on letters and exacting a stamp duty on the legal or business document inside the wrapper. The real difference was that by paying the postage the colonists received in return an immediate and undeniable benefit in having their letters carried at the mother-country's expense by a general system which was uniform throughout the colonies, while in the case of the stamp tax England seemed to be getting all the benefit. The general benefit of the post-office had been so great and obvious that in 1692, 1710, and 1765, when Parliamentary post-office acts were passed, it never occurred to any one to think of them as dangerous precedents of internal regulation.* 

* See u Considerations on the Propriety of imposing Taxes in the British Colonies," etc, pp. 55, 56, London, 1766. The author of this pamphlet argues against the post-office as a precedent for internal taxation, and then admits that, "being so convenient, it slipped in as a precedent without the colonists being aware of its danger.

If the Stamp Act is unconstitutional, Englishmen would say, so also is the post-office act; but your arch rebel Franklin still remains postmaster of the colonies, and enjoys the salary, although the act under which he holds office should, according to his own argument, be declared void.

If you want other instances, said the loyalists, of Parliament regulating the internal affairs of the colonies for the last century and more, they are innumerable. As far back as 1650, under the protectorate of Oliver Cromwell, that huge son of liberty, Parliament passed an act blocking up the ports of Barbados, Virginia, Bermuda, and Antigua, and in that old act of Cromwell's time it is expressly declared that the colonies are subject to Parliament. 

Going farther back than 1650, they found another instance in 1643, when Parliament passed an ordinance putting the whole government of the colonies in the hands of a governor-general and seventeen commissioners, with unlimited powers to "provide for, order, and dispose of all things which they shall think most fit and advantageous for the well-governing, securing, strengthening, and preserving of the said plantations." Was not Parliament then exercising power, and omnipotent power, in the colonies ? And Oliver Cromwell himself was one of the commissioners. 

Then, also, there was the act in the second year of George II., levying duties out of the wages of all American seamen for the purpose of building up Greenwich Hospital. By the Parliament also were passed from time to time those acts restraining the colonies from manufacturing certain articles, notably hats, articles of iron and of steel, slitting mills were prohibited, and also the cutting of pine trees, lands were made liable to the payment of debts, the statute of wills extended to the colonies, paper currency was restrained, indentured servants empowered to enlist, troops raised in the colonies made subject to the articles of war, and so on. In fact, Parliament had over and over again walked about in the colonial internal organs, with out arousing much, if any complaint, and without doing any harm.*

* "The Eights of Great Britain asserted, " pp. 27-39, London, 1776. "The Supremacy of the British Legislature over the Colonies candidly discussed," London, 1775; "An Englishman's Answer to the Address from the Delegates to the People of G-reat Britain, ;; p. 10, New York, 1775.

Sometimes, it is true, said the loyalists, you have protested against some particular part of this regulation by Parliament when you happened not to like it. When Cromwell was handling Virginia rather roughly her people announced the doctrine that there must be no taxation without representation. Doubtless also you could find some other protests. But you never protested on principle against the post-office, or the statute of wills, or the countless other regulations. You never protested on principle against any internal regulation that was a convenience or a benefit to you. And what do the few isolated protests you may have made amount to against the fact of long continued action by Parliament for over a hundred years. 

As Parliament had done so much in colonial internal affairs without consent and without representation, and could impose a tax at the seaports, it certainly seemed extraordinary that it could not tax generally or internally, when we consider that the power of general taxation is the most important part, and, indeed, the foundation, of legislative power, if legislative power is to exist at all. 

It was at first claimed by the colonists that Parliament, in spite of all its internal regulating, had never actually assumed control of private property in America, and therefore could not take away private property by a tax law to which the colonists had not consented ; or, as the Stamp Act Congress put it, "Parliament could not grant to his Majesty the property of the colonists." But Parliament had taken away private property by so-called external taxes at the seaports, which the colonists admitted to be constitutional, and an act of Parliament was very soon found by which private property had been controlled by Parliament all over the colonies.

This was the famous act of 1732, which made all lands, slaves, and personal property in the colonies liable for the debts of British merchants. The English merchants had petitioned to have this act passed as a protection. They were obliged to give the colonists in America long credit for the goods they sold them. As this debtor class increased the English merchants feared that the colonial legislatures would be persuaded to pass stay laws to prevent the seizure of colonial property in payment of such debts. Jamaica had already passed an act of this sort. Accordingly, the act of Parliament of 1732 provided that all lands, goods, and negro slaves in America should at all times be liable to seizure and sale for debt just as if they were in England.* 
* "The Interest of the Merchants and Manufacturers of Great Britain in the Present Contest with the Colonies, " p. 38, London, 1774.
An enormous trade and commerce sprang up, it was said, under the protection of this act. Without the act the English merchants would have refused to give the colonists long credit ; and the colonists, having no specie and little money of any kind in circulation except depreciated paper, would have been unable to pay cash or pay on short time ; would, in short, have been unable to trade. But under the protection of the act they reaped a greater harvest than the English merchants. Their wonderful prosperity in recent years, said the English, flowed from that act of Parliament ; and accordingly they never protested or objected to it as exercising jurisdiction over private property. They never asked that they should first be represented in Parliament; and never complained of want of representation.

If, therefore, said the Englishman, Parliament can, without your consent, enact a law taking away your life by capital punishment, and in the same way without your consent take away your private property by means of taxes levied on goods coming into your seaports, and in the same way enact a law taking away your private property for debt, what do you mean by saying that Parliament cannot take away your private property by means of taxes levied in all your towns ? Where is there any authority for such a distinction as that ? 

There was no authority. The colonists were compelled to change their ground and deny all the authority of Parliament. The truth of the matter was that Parliament had the right to rule, and had always ruled, the colonies without their consent. If a community is a colony in the English sense, it necessarily is ruled without its consent. The American patriot argument meant in reality the extinguishing of the colonial relation. 

But let us leave the arguments and see what the colonists actually did in November, 1765, when the Stamp Act was to go into effect. It never went into effect. It never was executed. The colonists by a most remarkable unanimity of action killed it more effectually than they had killed the clauses of the navigation and trade acts which did not suit them. They simply did not use the stamps. Legal proceedings went on as usual without them, vessels entered and departed without stamped papers; business men by common consent paid no attention to the stamp law, newspapers were published without a stamp, or with a death's head where the stamp should have been. In fact, there were no stamps or stamped papers to use, for the distributors had all been compelled to resign, and the supplies of stamps or stamped paper which had arrived from England had been sent back, stored away in warehouses, or destroyed by mobs.

It would be difficult to find in all history another instance of such complete and thorough disobedience of a well-considered law which one of the most powerful nations of the world had made elaborate preparations to enforce. But the colonists went farther and prepared to punish England by what we would now call boycotting. They had already largely abstained from buying English goods, because of the " sugar act " and the attempt to prevent smuggling. They now carried the plan still farther. Associations were formed for the purpose, and so thorough was the understanding that between November and January trade with England almost ceased. 

Thousands of working people, manufacturers, laborers, and seamen in England were said to be thrown out of employment, and believed themselves threatened with starvation. Petitions began to pour into Parliament from London, Bristol, Lancaster, Liverpool, Hull, Glasgow, and, indeed, as the " Annual Register" of that date informs us, from most of the trading and manufacturing towns and boroughs of the kingdom. The trade with the colonies was between 2,000,000 and 3,000,000 per year. It was no light matter to cut down such an enormous sum. Worse still, the colonists were indebted to British merchants in some 2,000,000 or 3,000,000 on past sales, and when pressed for payment expressed great willingness, but declared that the recent acts of Parliament had so interrupted and disturbed their commerce, and thrown, them into such confusion that " the means of remittances and payments were utterly lost and taken from them" * 
* Annual Register, 1766, vol. ix, chap. vii. pp. 35, 3C.

John Bull was apparently struck in his pocket, the most tender spot on his person. Meantime, during the previous summer the Grenville ministry, which had secured the passage of the Stamp Act, quarreled with the king and went out of power. A new ministry was formed by Lord Buckingham out of a faction of the "Whig party. This ministry was very short-lived ; and has usually been described as weak, although it secured some legislation which has been admired. It had to settle first of all the great question raised by the supposed starving workmen, and the merchants and manufacturers with their petitions crowding the lobbies of Parliament. They asked to have the Stamp Act repealed. But general public opinion, both in Parliament and throughout the country, was exasperated at the resistance in America and was in favor of further repressive measures.* 
* Lecky, "England in the Eighteenth Century," vol. iii. p* 100.
The whole question of the taxation of the colonies was raised again ; witnesses, experts on trade, all sorts of persons familiar with the colonies, including Franklin, were called to the bar of the House, examined, and cross-examined. The agents of the different colonies were constantly in attendance in the lobbies. No source of information was left unexplored. The ablest men of the country were pitted against each other in continual debates, and colonial taxation was the leading topic of conversation among all classes. There were two main questions : Was the Stamp Act constitutional ? and, If constitutional, was it expedient ? 

It was the innings of a radical section of the "Whigs, and, being favorable to liberalism and the colonies, they decided that the Stamp Act was not expedient. They accordingly repealed it within a year after its passage. But they felt quite sure, as did also the vast majority of Englishmen, that Parliament had a constitutional right to tax the colonies as it pleased, and so they passed what became known as the Declaratory Act, asserting the constitutional right of Parliament to bind the colonies " in all cases whatsoever ;" and this is still the law of England.

The rejoicing over the repeal of the Stamp Act was displayed, we are told, in a most extraordinary manner, even in England. The ships in the Thames hoisted their colors and houses were illuminated. The colonists had apparently been able to hit a hard blow by the stoppage of trade. The rejoicing, however, as subsequent events showed, was not universal. It was the rejoicing of Whigs or of the particular ship-owners, merchants, and workingmen who expected relief from the restoration of the American trade. It was noisy and conspicuous. There must have been some exaggeration in the account of the sufferings from loss of trade. It is not improbable that Parliament had been stampeded by a worked-up excitement in its lobbies ; for very soon it appeared that the great mass of Englishmen were unchanged in their opinion of proper colonial policy ; and, as was discovered in later years, the stoppage of the American trade did not seriously injure the business or commercial interests of England.* 
* "Letters of James Murray, Loyalist/' p. 258. 
But in America the rejoicing was, of course, universal. There were letters and addresses, thanksgivings in churches,the boycotting associations were instantly dissolved, trade resumed, homespun given to the poor, and the people felt proud of themselves and more independent than ever because they could compel England to repeal laws. 

The colonists were certainly lucky in having chanced upon a Whig administration for their great appeal against taxation. It has often been said that both the Declaratory Act and the repeal of the Stamp Act were a combination of sound constitutional law and sound policy, and that if this same Whig line of conduct had been afterwards consistently followed, England would not have lost her American colonies. No doubt if such a Whig policy had been continued the colonies would have been retained in nominal dependence a few years longer. But such a policy would have left the colonies in their semi-independent condition without further remodeling or reform, with British sovereignty not established in them, and with a powerful party of the colonists elated by their victory over England. They would have gone on demanding more independence until they snapped the last string.

In fact, the Whig repeal of the Stamp Act advanced the colonies far on their road to independence. They had learned their power, learned what they could do by united action, and had beaten the British government in its chosen game. It was an impressive lesson. Consciously or unconsciously the rebel party among them was moved a step forward in that feeling for a distinct nationality which a naturally separated people can scarcely avoid. 

Such a repeal, such a going backward and yielding to the rioting, threats, and compulsion of the colonists, was certainly not that " firm and consistent policy" which both then and now has been recommended as the true course in dealing with dependencies. The Tories condemned the repeal on this account, and in the course of the next ten or fifteen years ascribed to it the increasing coil of colonial entanglement.* 
* The arguments against repealing the Stamp Act are well and briefly summarized in "Correct Copies of the Two Protests against the Bill to repeal the American Stamp Act," London, 1766. See, also, " The Constitutional Bight of the Legislature of Great Britain to tax the British Colonies," p. 25, London, 1768. 

In one sense it made little difference whether the policy was easy or severe. Whig conciliation encouraged and Tory half-way severity irritated the patriot party into independence. Independence could have been prevented only by making the severity so crushing and terrible as to reduce the country to the condition of Ireland.

to be continued....next
PARLIAMENT TAXES PAINT, PAPER, AND GLASS AND THEN ABANDONS TAXATION









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