Wednesday, December 14, 2016

PART 5: THE TRUE HISTORY OF THE AMERICAN REVOLUTION

THE TRUE HISTORY OF 
THE AMERICAN REVOLUTION
BY SYDNEY GEORGE FISHER

V
THE TEA EPISODE 
Image result for images of the boston tea party
BEFORE the passage of the paint, paper, and glass act tea had been taxed on its arrival in England at the high rate of a shilling per pound. When any of the tea was shipped from England to the colonies, the colonists, of course, paid this tax in the enhanced price of the tea. Hutchinson, the governor of Massachusetts, suggested that all colonial taxation be made in that way, the tax levied and collected before the goods left England, which would be as external as it was possible to make a tax, and the colonists might be persuaded not to call it taxation. 

This expensive tea, which paid a shilling per pound duty in England, did not trouble the colonists, because they smuggled all the tea they wanted from Holland. It was in the hope of breaking up this smuggling and encouraging the sale of English tea that Parliament, in the paint, paper, and glass act, struck off the shilling duty, and on all tea sent to the colonies placed a duty of only threepence per pound to be paid in the colonial ports. Thus the colonists would pay nine cents per pound less tax, the sale of tea from English provinces in the far East, and especially the tea of the great East India Company, would be promoted, the immoral smuggling of the Americans checked, and everybody made happy. 

Some of this threepence-per-pound tea seems to have been imported and the duty paid. But because the duty was a direct tax, associations or clubs were formed whose members agreed not to drink it. Merchants were applauded for not importing it, and encouraged to smuggle the Holland tea, and the smuggling, being very profitable, was regularly and extensively practised.
* Brake, ' Tea-Leaves, " pp. 193, 196, 201 ; Hutchinson, " History of Massachusetts," vol. iii. pp. 331, 332, 351, 422; "Free Thoughts on the Proceedings of the Continental Congress," p. 10, New York, 1774.
There was, therefore, every reason why the patriots should be content for the present ; for they were successfully defeating England and the tea act by their old methods, and their merchants were growing rich by smuggling. The loyalists afterwards said that the trifling tea tax would soon have become obsolete, and some liberally inclined ministry would have repealed it. Colonial taxation had been abandoned, was dying a natural death,# and harmony was returning, they said, if both England and the Americans would only be careful and forbearing.
#fRyerson, "American Loyalists," vol. i. p. 371 ; Hutchinson, "History of Massachusetts," vol. iii, p. 331
But the harmony that was returning could only be continued by letting the colonies alone, and, as they increased in population and wealth, letting them pass more and more into absolute independence. The colonists were now quiet, because British authority was not established among them ; it had been defied and beaten ,- the remodelling begun some seven years before had failed ; and even smuggling could not be suppressed. Could England endure this state of affairs and allow it to drift into absolute separation ? Wedderburn is reported to have said in Parliament at this time that the colonies were already lost to the crown. 

The government could not refrain from discussing the " disorders in America," and attempting some slight remedies, especially in that hot-bed of sedition, Massachusetts. It was decided, as a first step, that the crown should pay the salaries of the governor and judges. It seemed also well for the present to ignore or suspend that provision in the Massachusetts charter which provided that all troops, even the regulars, should be under the control of the governor. It seemed better to place such troops under a military officer, who could more properly decide whether they should be moved here or there as "Sam Adams" or a rebel committee might direct.

A great deal has been written on this violation of the charter of Massachusetts. It is useless to debate the question. If you are an Englishman, and believe independence a crime, and that the colonies should have been saved from independence, you will see in this violation merely a military or British necessity. If you are a patriot, and believe independence and self-government to be natural rights, you will see in the violation an atrocious crime. 
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The practical question was how far this sort of thing might go before it would produce an outbreak. The patriot party was quiet, but very inflammable. Its radical leaders were hard at work. Samuel Adams began to carry out his idea of organizing the rebellion by means of committees of correspondence, at first among the Massachusetts towns ; afterwards throughout the country. We find the Boston Gazette of November 2, 1772, threatening that, unless " their liberties are immediately restored," they " will form an independent commonwealth." By the system of correspondence among the patriots town committees and various bodies were drawing up lists of the laws England must repeal and the positions from which she must recede. She must withdraw even the right to tax ; and they went on enumerating every objection, great and small, until their lists were in effect a complete denial of British sovereignty. They were ordering the British government off the continent. 

In June, 1772, the revenue cutter " Gaspec" was seized in Narragansett Bay by the people of Rhode Island and burned. The lieutenant of this cutter had been trying to enforce the revenue laws. Like other officers on the coast, he found it very difficult to catch any one in the act of smuggling. He seized the property of people who were suddenly found to be innocent; and he acted altogether very indiscreetly in the opinion of the people of Rhode Island. But the method adopted of repressing him, by seizing and burning one of the king's ships, did not strike the British government as the sort of conduct to be expected of a dependency. A commission was sent to Providence to inquire into the matter ; and there was talk of sending colonists to England to be tried ; but nothing was done ; no severe measures taken. It is difficult to see how the government could have been more conciliatory and forbearing. They professed to believe that such outrages were brought about by "the artifices of a few." 

England might have refrained still longer from forcing an outbreak, if that great corporation, the East India Company, had not brought a pressure on the government which could not be resisted. The company was at that time in a bad condition, and was generally supposed to be bankrupt. Its stock was rapidly depreciating, and the fall of such a vast concern would precipitate a financial panic. In fact, the great company had already sunk so low that the panic was thought to have begun. Firms were going bankrupt, and merchants, manufacturers, and traders suffering. It seemed quite absurd to Englishmen, that the company could not sell its tea in colonies that belonged to England, while Holland sold in those colonies thousands of pounds of tea every year. There was, in fact, laid up in warehouses in England seventeen million pounds of the East India Company's tea for which there was no demand, because of the smuggling practices of those dreadful American colonists. 
Image result for images of the East India Company
The East India Company and the government were closely allied. The company, besides paying into the exchequer 400,000 per year, was really a branch of the government for the control of India ; and it afterwards became merged in a department of the government. Accordingly the ministry made an arrangement with the company which to them seemed quite reasonable. 

The East India Company's tea had to pay duty on its arrival in England ; but three-fifths of this duty was remitted or drawn back, as the expression was, when the tea was exported to the colonies. It was now proposed that all of this duty should be remitted on exportation to America, so that the East India Company could undersell the tea which the colonists smuggled from the Dutch. Accordingly an act of Parliament was passed, May 10, 1773, remitting the duty, and the East India Company freighted ships with tea to Boston, New York, Philadelphia, and Charleston. 

Looked at in cold blood, it was a rather amusing and very English device for helping out the bankrupt company, coaxing the colonists to accept English taxed tea, and, if possible, stopping by ingenuity the smuggling that could not be stopped by revenue-cutters, boards of commissioners, troops, and men-of-war. It was so far from being tyrannous and cruel that it was pitiable; pitiable for a proud nation to bo reduced to such straits. 

The colonists had the whole summer and most of the autumn of 1773 to think over the matter, for the teaships did not begin to arrive until November. The patriots in all the colonies were determined that the tea should not be sold. They wished also to prevent it being landed, for, if landed, the duty of threepence per pound might be paid and the plan of the king and the ministry would be partially successful. 

There was now an opportunity for agitation, and the radical leaders bestirred themselves. The committees of correspondence worked upon the people all over the country. Some of the newspapers openly advocated independence. The attacks upon the East India Company as a soulless corporation and an inhuman monopoly remind us of the language of our own times. 
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If such a company, it was said, once got a foothold in America, it would trade in other articles besides tea, and drive American merchants out of business. A printed handbill* was circulated in Pennsylvania describing the company's shocking deeds of plunder and cruelty in India, and arguing that it would overwhelm America with the same rapacity and slaughter that had been inflicted on the unfortunate East Indians. Franklin's old friend, the Bishop of St. Asaph, prepared a speech for the House of Lords, denouncing the government for turning loose upon the Americans a corporation with such a record of bloodshed and tyranny. 
* It was addressed " To the Tradesmen and Mechanics of Pennsylvania. ' J Copies are now rare. The one I have examined is in the collection of JVtr. Joseph Y. Jeanes, of Philadelphia
It was at this time that Samuel Adams and the more ardent patriots took the next step in their plan, and suggested a union of all the colonies in a congress. The Boston Gazette had been openly suggesting independence for over a year. It now demanded a "Congress of American States to frame a bill of rights," or to " form an independent state, an American commonwealth"# All this was treason, under English law, and in a modern English colony would be severely punished and repressed. The boldness and impunity with, which it was done show the effect of the conciliatory policy and the weakness of England.
# Hosmer, ct Life of Samuel Adams,'' p. 238.

Some of the patriots of the type of Gushing, of Massachusetts, or Reed and Dickinson, of Pennsylvania, advocated caution. We were not yet strong enough, not sufficiently united or sufficiently numerous, for a dash for independence. But Samuel Adams would have no delay. He was for forcing a conflict ; striking at once ; for, said he, " when our liberty is gone, history and experience will teach us that an increase of inhabitants will be but an increase of slaves." 

The majority of the patriots were apparently for moderation, and had they had their way this episode would have been tided over. Their plan was quietly to prevent the landing and payment of duty on the tea ; send it all back to England, and thus show that the tea act, the last remnant of the taxation system begun eight years before, was a failure. The act would then soon be repealed and taxation never again be attempted. It must be confessed that there were plausible reasons for supposing that this plan might have accomplished peaceful independence. "Our natural increase in wealth and population," said Gushing, " will in a course of years settle this dispute in our favor." 

On the other hand, Samuel Adams and the radicals had strong grounds for believing that the course of years would not necessarily bring independence without a war to settle it. England would not finally recognize the absolute independence of the colonies without fighting. No nation had ever done so. The inherent right of a naturally separated people to be independent according to the rights of man, might be just and sound, but no nation has as yet recognized its justice. As there must be a fight, it was better, the radicals thought, to have it now at once while our people were hot and England was so weak.* England might settle the taxation question satisfactorily, and in the future settle the smuggling question, and be so conciliatory that the mass of people, no matter how numerous they became, would forget the past and be content to live along under an easy yoke or with a sort of semi-independence. 
* For several years the argument had "been insinuated that the weak, debt-ridden state of England had "been ordained in the providence of God to give us a chance for independence. Hosmer, "Life of Samuel Adams," p. 134.
The extravagant and even bombastic rhetoric that was used in speeches and resolutions to stir the people out of this easy frame of mind was commented on by English writers like Dean Tucker as showing not only the bad taste and vulgarity of the Americans, but the insincerity of the independence movement. 

The tea-ships which came to Charleston, Philadelphia, and New York were handled by the moderate patriots. The Charleston ship arrived December 2. The consignees were induced to resign; but nothing more was done. The twenty days expired ; the tea was seized by the customs officers and offered for sale to pay the duty ; but no one would buy it ; it could not be sold, and was stored in damp cellars until useless. From the point of view of the moderate patriots this was a proper way of solving the difficulty. It was perfectly lawful ; there was no violence ; the British government could make no complaint, and yet the tea act, the duty, and the plan of the East India Company were killed as dead as Caesar. 

At Philadelphia, printed circulars, some of which are still preserved, were sent to all the Delaware River pilots, reminding them in rather significant language not to bring any tea-ships up to the town, Nevertheless, a tea-ship got up the river as far as Chester. A town meeting was held and a committee went down to Chester to talk to the captain and the consignee. They used such well-chosen words that the next day the ship sailed down the river and returned to England.* 
* Pennsylvania Magazine of History, vol. xv. p. 385
In a similar way the consignees at New York resigned and sent the tea back ; and some tea that arrived at Portsmouth, New Hampshire, was sent away to Halifax. But the three tea-ships which came into Boston harbor fell into the hands of Samuel Adams and his followers, and then the trouble began. 

The consignees in this case were five in number, including the two sons of Hutchinson, the governor, who, like their father, were devoted loyalists, believing in the supremacy of the British empire, and regarding American independence as a delusion and a crime. They would not resign. Town meetings were held upon them, committees visited them, violence was threatened, but they were firm. They did not, however, attempt to land the cargoes. The patriots placed a guard over the ships, and six horsemen held themselves ready to alarm the country towns. The radicals were determined to begin the active revolution at this point. 

The owners and the captains of the ships were willing to take the tea back to England, but the custom-house officers would not give the ships a clearance until they had discharged their tea. Governor Hutchinson gave instructions that no ship should be allowed to pass the castle outward bound unless it had a permit, and he would not issue a permit unless the vessel first showed a clearance. Meanwhile, during these disputes the twenty days were passing. Some patriots advised moderation, and there was a strong loyalist minority. But the party of violence was in the ascendant ; the town was placarded with liberty posters ; riders were posting back and forth from the neighboring towns, and the country people were beginning to flock into Boston. 

The common statements in some of our histories that Governor Hutchinson was the vacillating and cowardly agent of tyranny are utterly without foundation. If he had been cowardly, he would have given the ships a permit, let them return to England, and thus have postponed the Revolution for another three or four years. He acted consistently with his own opinions and the conciliatory policy of the government. He abstained from any use of the men-of-war in the harbor or of the two " Sam Adams" regiments that were still down at the castle, where " Sam" had put them. He allowed the patriots themselves to guard the tea-ships. The war-ships or the soldiers could have taken possession of the tea-ships and prevented all that happened. But British sovereignty was on this occasion a mere spectator and visitor in its own dominions. 

The difficulty might have been settled as in Charleston, by allowing the customs officials to seize the tea at the end of the twenty days. No one would have had the temerity to buy it, and it would then have been stored till it rotted. In fact, the consignees offered to have it stored until they should receive instructions from the East India Company what to do with it. But Adams and his people were too hot to take such chances. They were planning an outbreak, a truly Boston and Massachusetts outbreak which would be self-restrained, and yet sufficiently violent to force both England and America to an open contest on the one great question which lay beneath all the past eight years of wrangling. 

They prepared everything for action on the night of the 16th of December, because two days after that the twenty days' limit would expire on the " Dartmouth" which had been the first ship to arrive. Seven thousand people filled the Old South Meeting House on that afternoon, while Hotch, the Quaker owner of the " Dartmouth" drove out to Milton to Governor Hutchinson's country place, to ask him for a permit to pass the castle. Every one knew or felt confident that the permit would be refused ; so that this meeting cannot be called a deliberative one. 

Darkness came on, and still the meeting waited. At last Hotch returned, and made the formal announcement that the permit had been refused, Samuel Adams arose and gave the signal that had evidently been agreed upon : " This meeting can do nothing more to save the country." 

Immediately, as has been so often related, the war whoop was heard, or resounded, I believe, is the usual expression, outside the door. Some forty or fifty men, painted and disguised as Indians, and with hatchets in their hands, suddenly appeared from some place where they had been waiting, and rushed down to the tea-ships, directly encouraged by Adams, Hancock, and the other patriots. The crowd formed around them as a protection, and posted guards about the wharf to prevent interference while the Indians worked with their hatchets. It is said that the vast crowd was perfectly silent, a most respectful Boston silence, and not a sound could be heard for three hours save the cracking of the hatchets on the chests of tea in all three ships.* 
* There was not the slightest attempt by the governor, the fleet, or the army to interfere with the work of the mob. The admiral of the fleet is said to have stood in the street as the crowd returned, goodnaturedly joked with them, and said that having had their sport they might soon have to pay the piper
At the end of that time every pound of tea was in the water, and the proceedings, so like a great deal of our lynch law, were ended. It was a serious business for the people concerned ; but now that we are too far away to feel the seriousness it seems really comical. The most comical part of it was that the Indians claimed particular credit for not having injured any other property on the ships, and declared that " all things were conducted with great order, decency, and perfect submission to government." Our ancestors had a fine sense of humor. 

From the point of view of Samuel Adams, I suppose there never was a piece of liberty or revolutionary rioting that was so sagaciously and accurately calculated to effect its purpose, and not go too far. If it had been very violent disorder, or brutality, it might have alienated moderate or doubtful patriots whom it was important to win over. But it was so neat, gentle, pretty, and comical that to this day it can be described in school-books without much danger of the children at once seeing that it was a riotious breach of the peace, a lawless violation of the rights of private property, and an open defiance of governmental authority. In England, however, the violence of it was sufficiently apparent to break up for a time the conciliatory policy and to bring upon the Massachusetts colonists such punishment as the radical patriots hoped would arouse the fighting spirit.* 
*Hosmer, " Life of Samuel Adams, p. 243; Hutchinson, "History of Massachusetts," vol. iii. p. 423; Barry, Massachusetts," chap. xiv. ; Ranosay, " American Revolution," vol. i. chap, iii.; Holmes, " Annals, " vol. ii. p. 181; "The Origin of the American Contest with Great Britain," p. 39, New York, 1775.
It is possible that it was intended as an example which would be followed in one or two other colonies, and thus bring on a general punishment that would arouse them all; but that did not happen. It had no effect on the Philadelphia's, who, more than a week afterwards, quietly and without any violence, sent their tea-ship back to England. The time on the Charleston ship expired December 22, and they also, as we have shown, acted moderately. The British government could have nothing to say against the action of those colonies, and the whole punishment was directed against Massachusetts. 

It was a great event for Samuel Adams; and who was this Samuel Adams, who is so conspicuous in this part of the Revolution, and later on almost disappears from view? The portrait we have of him, which has often been reproduced, represents what would seem to be a stout, handsomely dressed, prosperous merchant, with a very firm chin and jaw, proud of his wealth and success, and proud of his long-tested ability in business. Unfortunately, the only part of this portrait which is true to life is that iron-like jaw. Samuel Adams was not a merchant, was seldom well dressed, was not at all proud, and never rich. He was always poor. He failed in his malting business, was unthrifty and careless with money, and had, in fact, no liking for, or ability in, any business except politics. He lived with his family in a dilapidated house on Purchase Street, and when in 1774 he was elected a delegate to the Continental Congress at Philadelphia, his admirers had to furnish the money to make him look respectable.

"However some may despise him, he has certainly very many friends. For not long since, some persons (their names unknown) sent and asked his permission to build him a new barn, the old one being decayed, which was executed in a few days. A second sent to ask leave to repair his house, which was thoroughly effected soon. A third sent to beg the favor of him to call at a tailor's shop, and be measured for a suit of clothes, and choose his cloth, which were finished and sent home for his acceptance. A fourth presented him with a new wig, a fifth with a new hat, a sixth with six pairs of the best silk hose, a seventh, with six pairs of fine thread ditto, an eighth -with six pairs of shoes, and a ninth modestly inquired of him whether his finances were not rather low than otherwise. He replied it was true that was the case, but he was very indifferent about these matters, so that his poor abilities were of any service to the public  upon which the gentleman obliged him to accept a purse containing about fifteen or twenty Johannes. ' ' Hosmer, ' ' Life of Samuel Adams, ' ' p. 308.

All this assistance Adams was not too proud to accept. He had long been engaged in small local politics, and when tax-collector had been short in his accounts and threatened with ruin.* The patriots, of course, forgave him this lapse, which was not repeated ; but Englishmen and loyalists never forgot it. "When coupled with his shiffclessness and shabbiness and the gifts of money and clothes to make him presentable in the Congress, it is easy to understand the indignation, contempt, and disgust which were entertained for him by those who were opposed to the rebellion. Such a disloyal and dishonest movement, they would say, naturally had a shabby rascal for its leader. 
* Hosmer, " Life of Samuel Adams," pp. 37-47, 240.
On the other hand, Adams was a man of good education, and the public documents he prepared show considerable ability. His speeches, though at times somewhat turgid and violent, seem to have been well suited to their purpose. He was a most competent politician and a good organizer of agitation. He understood the temper of the people from the bottom up, and was so skilful in drawing the shipcaulkers into the revolution movement that some trace to this source the origin of our word caucus. An account of his language and advice to such people, to fight England, to " destroy every soldier that dare put his foot on shore," and that " we shall have it in our power to give laws to England," has been preserved, and by the English law it was pure treason,#
# Ibid., p. 117.

Adams had also a constitutional tremulousness of his head and hands, which did not improve loyalist opinion of him. He was one of those men whom we call a devoted and enlightened patriot, or slippery scoundrel, conspirator, and fanatic, according as we are on the side of the government or of the rebellion. His best ability was shown in agitation in the early stages of the Revolution, in attending to the small details of organization, while men of larger capacity were still partially absorbed in their business or professions. 

That charmingly ingenuous statement that all the hatchet work on the tea-ships had been done " in perfect submission to government" had no mitigating effect in England. The destruction by a mob of over 15,000 worth of tea, the private property of the East India Company, awoke Parliament from its dream of conciliation. That the mob had been guided by respectable and wealthy men like Hancock, Molineaux, Warren, and Young, who prevented uproar and noise and enforced decency and order, made it all the worse in English eyes. Parliament and the ministry resolved at all hazards and at any cost to establish British sovereignty in America. Leniency and conciliation had been carried too far. 

January and February passed, and during March, 1774, Parliament debated the punishment that should be inflicted on Boston for this " unpardonable outrage," obviously leading " the way to the destruction of the freedom of commerce in all parts of America." If such an insult, it was said, had been " offered to British property in a foreign port, the nation would have been called upon to demand satisfaction for it." 

Two principal measures and two subsidiary or minor measures were decided upon. The first was that the town of Boston must be fined and pay damages for allowing private property to be destroyed by a mob within her limits. This was based on a legal principle recognized to this day in both England and America, that a county or town which fails to keep the peace is liable in damages to private individuals if their property is destroyed. In several instances in England towns had been fined for allowing individuals or their property to be injured. London had been fined in the time of Charles II., when Dr. Lamb was killed, Edinburgh in a similar instance, and part of the revenue of Glasgow had been sequestrated until satisfaction was made for the pulling down of Mr. Campbell's house. 

The question was, how could such a rebellious town as Boston be compelled to pay damages; how could she be fined? There was no use in beginning civil or penal suits in her courts, because no verdict against her could be obtained. More important still, how could security be obtained for the future " that trade may be safely carried on, property protected, laws obeyed, and duties regularly paid ?" 

All this, it was said, could be accomplished by closing Boston harbor by act of Parliament and the blockade of a fleet. No trading vessels and no commerce should pass in or out. The custom-house officials, "who were now not safe in Boston or safe no longer than while they neglected their duty," should be moved to Salem. This closing of the port of Boston should continue until Boston, by her own official act, paid for the 15,000 worth of tea she had allowed to be destroyed and reimbursed the customs officials for damage done by the mobs in 1773 and January, 1774. "When the governor should certify that iids had been done and that the colony was peaceable and orderly, the blockade should be removed and the port opened.
* Annual Begister for 1774, vol. zvii

This measure was carried out by an act of Parliament known in history as the Boston Port Bill. Under this law the fleet and armed power of England for the first time in this long controversy did their work. The port was actually closed, and this was the first strong measure taken to establish British sovereignty. 

The patriot party refused to allow the town to pay any damages. They said that the town had no legal power to pay them.* They also refused to punish any of the disguised persons who had destroyed the tea. The names of these persons were known to many, and have been published % but in 1774 they were well protected by their fellow-colonists. 
* " Observations on the Act of Parliament commonly called the Boston Port Bill, 53 Boston, 1774. 
%Brake, " Tea-Leaves, J 7 pp. 84, 85
In order to keep our heads clear in considering these great events, we must remember that many of the Whigs and some of the best friends of the colonies in England, especially Colonel Barre, their eloquent defender in Parliament, were in favor of the Boston Port Bill as a just and proper punishment, in the interests of good order, for the unpardonable mob violence in destroying the cargoes of peaceful British merchant vessels. " I like it" said Barre, "adopt and embrace it for its moderation." Franklin also, it will be remembered, was always in favor of paying for the tea as a conciliatory step to bring about a peaceable settlement.# 
#"Works, Bigelow edition, vol. v. pp. 452, 454 ; vol. vii. p. 3.
Englishmen argued that if such acts as destroying the tea were allowed to go unpunished, British commerce would not be safe. The Boston people, they said, can easily escape from any hardships they suffer from the closing of their port by simply paying for the tea. The punishment is not tyranny, because it is not intended to be perpetual. It will not last an hour after they make reparation. It all rests with themselves. It will last only until those who committed the outrage have the honor and honesty to repair it. 

The patriots argued that the punishment included the innocent with the guilty, and punished the whole town for the acts of a few. It was absurd, they said, to ask Boston to pay for the tea, because by closing her port the town within a few weeks lost far more than the value of the tea. Instead of such wholesale punishment, the government should proceed in the regular way in the courts of law and obtain damages, if any were due. It would certainly have been rare sport for the patriots to see the government trying to obtain verdicts from Boston juries. 

The closing of the port was intended to be severe, and it was severe. Within a few weeks thousands of people were out of work and threatened with starvation. Would Boston be able to hold out indefinitely, or must she at last pay for the tea and the other damage in order to have her port and livelihood restored ? 

The people of the country districts rallied to her assistance and began sending in supplies of food. Soon this system spread to the other colonies ; provisions and subscriptions in money began streaming along all the colonial roads, even from far down in the Southern colonies. If this could be kept up England was beaten again ; for the patriot party in Boston would hold out against paying for the tea as long as it was possible. 

The supplies were continued for over a year.* But such a contest could not be kept up indefinitely. A break would have to come, and what that break should be depended on how much rebellion and independence Massachusetts could arouse in the other colonies.
*The loyalists, who were now beginning to "be heard from, objected to these supplies. Boston, they said, was becoming too important. Let her take care of herself. One of them complained that it seemed as if " G-od had made Boston for Himself,' and all the rest of the world for Boston. 77 "The Congress canvassed," p. 17, New York, 1774.

The second measure of punishment was an act of Parliament accomplishing the long-threatened change in the Massachusetts charter, so that the colony could be held under control and prevented from rushing at its will to rebellion and independence. The change provided that the governor's council, heretofore elected by the legislative assembly, should be appointed by the crown; that the governor should appoint and remove at pleasure judges, sheriffs, and all executive officers ; that the judges' salaries should be paid by the crown instead of by the legislature ; that town meetings should be prohibited, except by permit from the governor ; that juries, instead of being elected by the inhabitants, should be selected by the sheriffs. 

This alteration of the charter was as fiercely denounced as the Port Bill, and the echoes of that denunciation are still repeating themselves in our history. But it did not go anything like so far as we ourselves have gone in governing dependencies. It merely made Massachusetts more of a crown colony than she had been before; a sort of colony which still exists under the British system. There are today dependencies of Great Britain which have no better government than that which the alteration in the Massachusetts charter provided, and many that have less self-government than was left to Massachusetts. But compared with the semi-independence Massachusetts had once known, and the absolute independence she was seeking, this alteration was a punishment which set her patriot party furious with indignation. 

This alteration, this withdrawal of a part of self-government, said the supporters of the ministry, is only temporary until reparation is made and peace established. William III., that great founder of liberty, once withdrew all self-government from both Maryland and Pennsylvania without even an act of Parliament ; and George I. took the government of South Carolina into his own hands.* 
* "The Address of the People of Great Britain to the Inhabitants of America," p. 49, London, 1775
Two minor measures of punishment were adopted, a law providing that persons indicted by the colonists for murder in suppressing riots might be taken for trial to another county or to England ; and a law legalizing the quartering of troops on the inhabitants in the town of Boston. All these measures of punishment became laws before the first of April, and were put in force in June, 1774. 

Thoroughly aroused at last to the necessity of the most strenuous endeavors, Parliament at this same time passed the famous Quebec Act. There was supposed to be danger that the French colonists in Canada might join the union that was forming to the south of them. Massachusetts and the patriot party had as yet done nothing to secure the Canadians. It would be well, therefore, to cut off all chance of such action, and accordingly the Quebec Act gave to those French people their Roman Catholic religion established by law, and the French code of laws. 

That England should establish Romanism by law in any of her possessions was certainly an extraordinary occurrence. The strong Protestant feeling in New England was outraged. The whole patriot party were indignant also, because this Quebec Act extended the boundaries of Canada down into the Ohio Valley, and established what was then considered an extremely arbitrary crown colony government of a governor and council appointed by the king, without any legislature or representation of the people, and without trial by jury.* The Quebec Act was given in the Declaration of 1776 as another reason for seeking independence. 
* " The Other Side of the Question ; or, A Defence of the Liberties of North America, " p. 23, ]STew York, 1774 ; Hamilton, Works, Lodge edition, vol. i. p. 173.
The Quebec Act has sometimes been described as a bold, sagacious piece of statesmanship which saved Canada to England. But it was unnecessary ; for, as we shall see, there was little or no chance of the Canadians joining the rebellious colonies ; and the act, which is still part of the Canadian Constitution, built up the power of an alien race, gave to their religion the control of the school fund and other privileges which have caused endless discord, and may in the end make Canada more French than English. 

Governor Hutchinson, of Massachusetts, immediately after the tea episode, obtained leave of absence to visit England, and never returned. General Gage, who had just returned from New York, was made civil governor of Massachusetts and commander-in-cbief of the British forces. He went out to Boston in June with four regiments, took possession of the town, and enforced the new laws. 

The calculation of the British ministry was that these punishments would compel Massachusetts to submit ; or, if she openly rebelled, she would be isolated from the rest of the country, which would not care to countenance her violence and extreme proceedings. If, on the other hand, alone and unaided, she should persist in rebellion, that would give the opportunity to teach a lesson and crush her completely by force. 

It was a shrewd and wise calculation, and in nine cases out of ten would have been justified by events. Great Britain has broken the independent, national spirit of not a few people by dividing them. It was a nice question, how far homogeneousness, the secret longing for independence and nationality, which was causing all this violence and law-breaking, had proceeded in the American colonies. Was it enough to bring them all, including the French in Canada, to the side of wounded, struggling Massachusetts? 

That daring, audacious colony cried aloud for aid. She did not submit ; she did not wait for the other colonies to repudiate her. She called on them for assistance. She demanded a congress of delegates from all of the colonies to consider her plight as a national question concerning them all. But the word " national" could not be used, for divers good reasons; so " continental" was used instead; and the congress is still known as the " Continental Congress." 

It assembled in Philadelphia, September 5, 1774; for there were people in all the colonies who sympathized with Massachusetts. In some way or other the rebellious ones in all the colonies except Canada, Georgia, and Florida managed to send representatives of their feelings and opinions. The mere fact of such a body assembling was a distinct menace to British sovereignty, and brought the inevitable conflict one step nearer. 

The loyalists complained that this congress was created in an irregular, one-sided manner, and could not be called representative. They ridiculed and denounced most unsparingly the methods that were used. It was certainly not representative in the sense in which the word is usually understood. It was not chosen by a vote of the people at large. The delegates sent by Connecticut, by the New York counties, by New Jersey, and by Maryland were chosen by the committees of correspondence without any vote of the people at large. These delegates were, therefore, merely the representatives of the patriot movement in those colonies. The loyalists, who were now beginning to increase in numbers, had no voice whatever. In Massachusetts, Rhode Island, and Pennsylvania the delegates were chosen by the legislative assemblies, which in those provinces happened to be more or less in control of the patriot party.* In Massachusetts, with the British army now strongly in control, loyalism was gaining ground, and it is not improbable that a reactionary delegation, if not a loyalist one, would have been sent had it not been for the shrewd tactics and rather violent proceedings of Samuel Adams. The description of his cautious manipulation, and final locking of the door and putting the key in his pocket, is most amusing, as well as a striking illustration of the way in which the delegates were chosen. # The delegation sent by the Pennsylvania Assembly was in many respects a moderate one, which afterwards had to be changed for one more in sympathy with radical patriotism. It contained one member, Joseph Galloway, who was a loyalist. Apparently it was not altogether safe to let an assembly send the delegates. The surer way was for the committees of correspondence to send them. 
* In Delaware the delegates were sent by a convention composed apparently of the members of the legislature. 
# Hosmer, " Adams," pp. 290-297
The patriots of each colony, however, decided the question for themselves according to their circumstances, and seem to have known what they were about, for they were successful enough in every instance. South Carolina appears to have sent her delegates by a general convention of the white people of the province. These delegates were as stanch for patriotism as any that appeared. Either the loyalists were very few, or they were absent or passive. A few years afterwards they were very numerous, and seem to have constituted fully half the population of the province. In the town of !N~ew York a vote appears to have been taken by wards, but whether only among the patriot party, or generally, is not determined. In New Hampshire the towns appear to have appointed deputies who met together July 2 and chose the delegates to the Congress. The only instance where there seems to have been a chance for a perfectly free vote of all the people was in South Carolina, although there may have been a chance in New Hampshire and in the town of New York.
* " An Alarm to the Legislature of the Province of New York,' 7 p. 4, New York, 1774; "The Congress canvassed," p. 10, !N"ew York, 1774 ; " A View of the Controversy between Great Britain and her Colonies," etc., pp. 7, 8, ISTew York, 1774 ; " Galloway's Examination before Parliament, JJ p. 11 j Journal of Continental Congress, vol. i.j gives the certificates showing the method of appointment

VI 
THE FINAL ARGUMENT 
WHILE the Congress is debating, it may be well to consider the point of development to which patriot opinion had now attained. They had abandoned their old distinction between external and internal taxes, but they kept the empty form of it in their pamphlets, even when in the same pamphlet they were arguing that Parliament had no authority at all over the colonies. In abandoning the old distinction, there was no place where they could stop short of denying all authority of Parliament. That was a serious undertaking, because they had to deny the validity not only of their own previous admissions, but also the validity of acts of Parliament under which they had been living for many generations. 

At the same time they must prove that in spite of all this they were still loyal, and this clinging to the old and the new makes a great deal of the reasoning in their pamphlets obscure and confused until we have the key. "We must pardon them for this obscurity, because, if England chose to enforce her laws against treason, the course they were on might prove to be a hanging business. 

Nevertheless, in the year 1774 they were prepared for this supreme effort to get rid of Parliament entirely. Study and reflection culminated in that year. Both sides got down to bed-rock, and in this period we find the best and strongest pamphlets. They went so far that there was nothing more to be said. 

The argument by which the patriots professed to dispose entirely of all parliamentary authority, sweep out of existence their own damaging admissions, and also appear in the light of " dutiful and loving children," was most ingenuous. Even if Parliament, they said, had taxed and regulated the colonies internally, and the colonists themselves had solemnly admitted the right, yet, in reason and on principle, Parliament had no such right. Parliament's long course of conduct regulating colonial internal affairs was a usurpation. The colonies had not resisted that usurpation ; had, perhaps, not even protested much against it, because there was not a great deal of it, and as the Continental Congress put it, they " were too sensible of their weakness to be fully sensible of their rights."

The colonial charters were now the great subject of discussion, and the pamphleteers of both sides tore and worried at them like hungry dogs. These charters, the patriots said, contained words which cut off Parliament entirely from any control of those much-discussed internal affairs, or vital organs of the colonies. Some of the charters, they said, might at first appear non-committal, or seem to say nothing directly about the authority of Parliament. But these non-committal ones often contained general expressions giving a great deal of vague authority to the colony or to its legislature ; and an attempt was made to show that authority so vague and general must be exclusive and imply an extinguishment of any rights of Parliament. 

Queen Elizabeth's charter to Sir Walter Raleigh gave him such vast prerogatives and privileges in America, was so sweeping and general, that it must have been intended to exclude the authority of Parliament. The first Virginia charter provided that the colony was to be ruled by such laws as the king should make, which necessarily excluded, it was said, the making of laws by Parliament. There was a clause which said that the colonists should have the same liberties in other British dominions " as if they had been abiding and born within our realm of England" which showed that the colony was a territory outside of the realm, and therefore, inferentially, outside of all authority of Parliament. The second Virginia charter declared that all the colony's privileges were to be held of the king, which again excluded all authority of Parliament. 

Indeed, such charters as those of Connecticut and Rhode Island, which gave such large privileges to the colonists, and spoke only of the colonists and the king without any mention of Parliament, seemed to exclude the authority of Parliament. Diligent students also found instances where the action of British officials, and even of Parliament itself, looked in the same direction. In April, 1621, a bill was introduced in Parliament for indulging British subjects with the privilege of fishing on the coast of America ; but the House was informed through the Secretary of State, by order of his Majesty, King James, that " America was not annexed to the realm, and that it was not fitting that Parliament should make laws for these countries." 

This was certainly strong evidence, and supported all that had been said. The evidence became stronger still when they found that some years afterwards, in the reign of Charles I., the same bill was again proposed in Parliament, and the same answer made that " it was unnecessary ; that the colonies were without the realm and the jurisdiction of Parliament."* 
* " The Fanner refuted ; or, A More Impartial and Comprehensive View of the Disputes, ;? etc., p. 27 ; Hamilton, Works, Lodge edition, vol. 1. pp. 53, 89; " An Address on Public Liberty in General and American Affairs in Particular,' 7 p. 17, London, 1774
These charters and the action of high officials seemed to show that in the early days Parliament had no authority whatever over the colonies ; could not tax them, and could not regulate their internal affairs in any way whatsoever. The colonies were, in short, outside the realm and to be controlled only by the king. 

There was one charter, however, that of Pennsylvania, granted in 1681, which looked the other way. It provided in unmistakable language that the king would never levy any custom or tax on the inhabitants of the province except " with the consent of the proprietors, or chief governor or assembly, or by act of Parliament in England" That was a flat contradiction of the doctrine drawn from the other charters, and what could be done with it ? 

Pennsylvania could surely be taxed by Parliament as much as Parliament pleased ; and her people had no possible excuse for their rebellion except to call it by its name and fight it out. Their pamphlets defending their conduct on the ground of legal right were palpably absurd, so far as themselves were concerned. 

The loyalist writers used this Pennsylvania clause with great effect. The patriot writers either ignored it altogether or, like young Hamilton, boldly declared that it was a mistake, and, being inconsistent with the other documents, must be rejected. That was the only way to dispose of it, and, having done that, one might go on with the argument. 

The king had originally granted the charters to the colonies because in the early times Parliament had no power to charter corporations. He had also given the colonists the title to the land they were to occupy in America, for Parliament had not then the right to grant away the public domain. He had also given the colonists permission to leave the realm, a permission which at that time could be granted only by the king. These facts showed, it was said, that the colonies were exclusively the king's property, and that Parliament had nothing to do with them. They were completely outside of its jurisdiction, and were to be ruled by the king alone. 

This meant no rule at all, because the king had now lost nearly all his old powers, which had been absorbed by Parliament. But this thread of attachment to the king was important to save the argument from being treason. It was, of course, much ridiculed by the loyalists as well as by people in England.* 
* The loyalist versifier, "Bob Jingle, 77 had some rhymes on the subject in his poem called " The Association. 77
 " And first and foremost we do vow ' ' Affection for old England Folk, (As it is politic) Whom we do Brethren call, Allegiance to his Majesty, We do profess, but here's the joke, Whom we intend to trick. For faith, we'll starve 'em all"

"Here we have a full view of the plan of the delegates of North America, which, when examined, appears to he that of absolute independence on the mother-state. But conscious that a scheme which has so great a tendency to the forfeiture of her rights, and so destructive to her safety and happiness, could not meet with the approbation and support of the colonists in general, unless in some measure disguised, they have endeavored to throw a veil over it, by graciously conceding to the mother-state a whimsical authority, useless and impractical, in the nature." " A Candid Examination of the Mutual Claims of Great Britain and the Colonies," p. 27, New York, 1775. 

The argument was, in effect, that the colonies were independent in government and merely under the protecting influence of the king, who would keep foreign nations from interfering with them, a condition which in international law is called a protectorate. They could not be brought into subjection to Parliament, because the king, as Edward Bancroft put it, "had a right to constitute distinct states in America," and had so constituted the colonies. "No power could unite them to the realm or to the authority of Parliament without the consent of the king and their own consent, given as formally and as solemnly as Scotland gave her consent to the union with England. Such consent, so far as the colonies were concerned, had never been given.* 
* ' c Remarks on the Review of the Controversy "between Great Britain and her Colonies," pp. 48, 49; Jenkyns, "British Rule and Jurisdiction beyond the Seas, " p. 165.
This patriot argument, however, had no effect. The English and the loyalists had an answer which swept all this learned and ingenious reasoning into the sea. 

All these instances of the exclusion of the authority of Parliament from the colonies occurred previous to the year 1700 ; not a single instance could be found after that date. In fact, a totally reverse condition could be found; for it was since that time that Parliament had been habitually regulating the internal affairs of the colonies ; and until quite recently the colonists had submitted to it. 

Those charters containing clauses implied excluding Parliament from the government of the colonies, and those admissions by British officials to the same effect, were previous to the revolution of 1688, by which any power there might have been in the crown to dispense with or abrogate laws or rights of Parliament was abolished. If the king, in granting those early charters, intended to abrogate or dispense with the taxing power or any other legislative power of Parliament in the colonies, those charters were to that extent now void, because the dispensing power of the English kings had been abolished by the revolution of 1688, which put William III. on the throne. In other words, the dispensing power had been abolished for nearly a hundred years ; and the colonists, as good "Whigs and lovers of liberty, would surely not uphold the wicked dispensing power of the Stuart kings against whom their Puritan ancestors had fought.* 
* It was and still is the unbroken opinion of English lawyers that all charters which kings had granted were since 1689 subordinate to the will of Parliament. Indeed, any one who has made the slightest attempt to understand the development of English history knows that for a century previous to 1689, under the Stuart kings, the great contest was whether Parliament had any power at all. That was the problem with which Cromwell struggled, and the problem which "William III. solved in favor of Parliament in 1689. See Bernard's "Select Letters on the Trade and Government of America," London, 1774.
Moreover, said Englishmen; the present King George III., whom the colonists pretend to be so anxious to have govern them, to the exclusion of Parliament, is king by the act of Parliament which placed the house of Hanover on the throne. The colonists are, therefore, compelled to acknowledge that Parliament can give them a king, which is, of all other things, the highest act of sovereignty and legislative power. If Parliament has the right to give them a king, it surely has the right to tax them or rule them in every other way. Since the revolution of 1688 Parliament has become omnipotent. One hundred years ago it may have been the law that Parliament had no authority in the colonies, but within the last hundred years the law has evidently changed, for Parliament has been exercising in them a great deal of authority, which the colonists cannot deny. 

The colonists were, therefore, asking for independence of Parliament under an ancient form of the British Constitution, a form which had been abolished in the previous century by their friends the Whigs and William III. In the time of those old Virginia charters Parliament was of little importance and small authority. Sometimes many years passed without a Parliament being held.The king was then necessarily the important power in the government. He both created and governed the colonies.* But Parliament had now become vastly more powerful. It was in session part of every year. The revolution of 1688, the steady development of ideas, the needs of a nation that was rapidly increasing its trade and commerce and adding new conquests and territories to its domain, compelled a very different, a more powerful, far-reaching Parliament than that of the time of Charles I., who hated Parliaments and tried to rule without them. 
* Before the revolution of 1688 the land of the colonies and the government of them were supposed to be the absolute property of the king. The Parliament was scarcely allowed to have anything to do with them. But after 1688 the power of Parliament extended over everything. ' The Eight of the British Legislature to tax the American Colonies,' 7 pp. 18, 19, London, 1774; "The Address of the People of Great Britain to the Inhabitants of America;" "The Supremacy of the British Legislature over the Colonies candidly discussed," London, 1775. See, also, "The Claim of the Colonies to an Exemption from Internal Taxes examined, ' ' London, 1766 ; American Historical Review, vol. i. p. 37.
Parliament had abolished the former powers of the king and extended itself to every part of the empire, just as to-day the power of Parliament is sovereign and unlimited over all the British colonies. To suppose that there was any part of the empire to which the whole power of Parliament did not extend was as absurd in 1774 as it is today. It had the same authority over the people in America that it had over the people in London. 

"It is a contradiction, in the nature of things," said one of the ablest loyalists, " and as absurd as that a part should be greater than the whole, to suppose that the supreme legislative power of any kingdom does not extend to the utmost bounds of that kingdom. If these colonies, which originally belonged to England, are not now to be regulated and governed by authority of Great Britain, then the consequences are plain. They are not dependent upon Great Britain ; they are not included within its territories ; they are not part of its dominion; the inhabitants are not English, they can have no claim to the privileges of Englishmen ; they are, with regard to England, foreigners and aliens j nay, worse, as they have never been legally discharged from the duty they owe it, they are rebels and apostates. } ' "A. Friendly Address to all Reasonable Americans," p. 3, 1774

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