Chapter X: Letter III: Roxbury, December 24, 1772 (1)

[1763.] Mr. _Israel Mauduit_, the Massachusetts agent, gave early notice of the ministerial intentions to tax the colonies; but the general court not being called together till the latter end of the year, instructions to the agent, though solicited by him, could not be sent in season.

[1764.] The house of representatives came to the following resolutions—“That the sole right of giving and granting the money of the people of that province, was vested in them as their legal representatives; and that the imposition of duties and taxes by the parliament of Great-Britain, upon a people who are not represented in the house of commons, is absolutely irreconcileable with their rights.” “That no man can justly take the property of another without his consent; upon which original principle, the right of representation in the same body which exercises the power of making laws for levying taxes, one of the main pillars of the _British constitution_, is evidently founded.”

These resolutions were occasioned by intelligence of what had been done in the British house of commons. It had been there debated in March, whether they had a _right_ to tax the _Americans_, they not being represented, and determined unanimously in the affirmative. Not a single person present ventured to controvert the _right_. Soon after, the sugar or molasses act was passed; [April 5.] and “it is certainly true, that till then, no act avowedly for the purpose of revenue, and with the ordinary title and recital taken together, is found in the statute book. All before stood on _commercial_ regulations and restraints.”[71] It is stiled “an act for granting certain duties in the British colonies and plantations in America, for continuing, amending, and making perpetual, an act passed in the sixth year of George the second (entitled an act for the better securing and encouraging the trade of his majesty’s colonies in America) for applying the produce of such duties, &c.” From its perpetuating the sugar act of George II. it is called the sugar or molasses act. It runs thus, “Whereas it is expedient that new provisions and regulations should be established in improving the revenue of this kingdom, and for extending and securing the navigation and commerce between Great-Britain and your majesty’s dominions in America—And whereas it is just and necessary, that a _revenue_ be raised in _America_ for defraying the expences of defending, protecting, and securing the same—We, the commons, &c. toward raising the same, give and grant unto your majesty, after the 29th of September, 1764, upon clayed sugar, indigo and coffee of foreign produce—upon all wines, except French—upon all wrought silks, Bengals and stuffs mixed with silk of Persia, China, or East-India manufacture—and all calicoes painted, printed or stained there (certain specified duties)—upon every gallon of molasses and syrups, being the produce of a colony not under the dominion of his majesty, the sum of three-pence—the monies arising, after charges of raising, collecting, &c. are to be paid into the receipt of his majesty’s exchequer—shall be entered separate, and be reserved to be disposed of by parliament, toward defraying the necessary expences of defending, &c. the British colonies.” The wording of the act might induce the colonies to view it as the beginning of sorrows; and they might fear that the parliament would go on in charging them with such taxes as it pleased, for such military forces as it should think proper.—This ill prospect seemed to the Americans boundless in extent, and endless in duration.

They objected not to the _parliament’s right of laying duties to regulate commerce_; but the _right of taxing them_ was not admitted. The ministerial plan sent to Mr. Shirley in 1754, occasioned much conversation on the subject, and the common opinion was, that the parliament could not tax them till duly represented in that body, because it was not just, nor agreeable to the nature of the English constitution. But though few or none were willing to admit the _right_, the generality were cautious, how they denied the _power_, or the obligation to submit on the part of the Americans, when the power was exercised. Even Mr. _Otis_ tells us, “we must and ought to yield obedience to an act of parliament, though erroneous, till repealed.”[72] “The power of parliament, is uncontrolable, but by themselves, and we must obey. There would be an end of all government, if one or a number of subordinate provinces should take upon themselves so far as to judge of the justice of an act of parliament, as to refuse obedience to it. If their was nothing else to restrain such a step, prudence ought to do it; for forcibly resisting the parliament and the king’s law is high treason. Therefore let the parliament lay what burthens they please upon us we must, it is our duty to submit, and patiently to bear them, till they will be pleased to relieve us.”[73] He went so far as to publish “It is certain that the parliament of Great-Britain has a just and equitable right, power and authority, to impose taxes on the colonies, internal and external, on lands as well as on trade.”[74] “The supreme legislative represents the whole society or community, as well the dominions as the realm. This is implied in the idea of a supreme power; and if the parliament had not such an authority, the colonies would be independent.”[75] But the two last quotations were extorted from him through fear of being called to an account for the part he had acted, or for what he had before advanced in print, conversation or debate. His first pamphlet, _The Rights of the_ BRITISH _Colonies_, which had been twice read over in the house of assembly within the space of five days, though guarded by some expressions, had a strong tendency to excite a powerful opposition to ministerial plans; especially where he says, “I cannot but observe here, that if the parliament have an equitable right to tax our trade, it is indisputable, that they have as good a one to tax the lands and every thing else. There is no foundation for the distinction some make in England, between an internal and external tax on the colonies.”[76] These expressions could not but spread a general alarm through the country, and enflame every planter against parliamentary taxation. The house had so high an opinion of this pamphlet, that they ordered it to be sent over to Mr. _Mauduit_, with a letter, wherein they instructed him to use his indeavours to obtain a repeal of the sugar act, and to exert himself to prevent a stamp act, or any other imposition and taxes upon this and the other American provinces. They do not appear to have made any particular objection to the term _revenue_ introduced into the sugar act; but to have confined their objections to the laying on of the duty, when they were not represented.

The act disgusted the more, because of its being so unseasonable. The duties were to be paid in specie, while the old means of procuring it were cut off. The ministry, resolved to prevent smuggling, obliged all sea officers, stationed on the American coasts, to act in the capacity of the meanest revenue officers, making them submit to the usual custom-house oaths and regulations for that purpose. This proved a great grievance to the American merchants and traders. Gentlemen of the navy were unacquainted with custom-house laws. Many illegal seizures were made. No redress could be had but from Britain, which it was tedious and difficult to obtain. Beside, the _American_ trade with the _Spaniards_ by which the British manufactures were vended in return (for gold and siver in coin or bullion, cochineal, &c. as occasion served) was almost destroyed instantly, by the armed ships under the new regulations. The trade was not literally and strictly according to law, but highly beneficial; and a thorough statesman would have declined employing his own navy in crushing it. The trade also from the northern colonies with the _French West-India_ islands was nearly suppressed. These irritating measures strengthened the opposition to the sugar act.

[June 13.] The Massachusetts assembly, who were the first representative body that took the act into consideration, ordered, that Mr. _Otis_ and four others of the house should be a committee in the recess of the court, to write to the other governments, and acquaint them with the instructions voted to be sent to their agent; and that the said committee, in the name and behalf of the house, should desire the several assemblies on the continent to join with them in the same measures. The committee attended to the business; and the end proposed by it was answered: committees were moreover appointed by divers other colonies to correspond with the several assemblies, or committees of assemblies on the continent. Thus a new kind of correspondence was opened between the colonies, tending to unite them in their operations against ministerial encroachments on their privileges, and which proved of great advantage to them afterward.

[Oct. 24.] At the next session a committee was appointed to consider the state of the province, as it might be affected by certain duties and taxes laid, and proposed to be laid by acts of parliament upon the colonies. The consequence was, a committee of the council and house to prepare an address to the parliament. The lieutenant governor, Mr. _Hutchinson_, who was of the council, was chairman, but declined drawing up any. Several were proposed, which expressed in strong terms an exclusive right in the assembly to impose taxes. He urged the indecency and bad policy, when they had the resolutions of the house of commons before them, of sending an address, asserting, in express words, the contrary. Many days having been spent upon the business, at the desire of the committee he drafted an address, which considered the _sole power_ of taxation as an indulgence of which they prayed the continuance, and it was _unanimously_ agreed to. The petition does not intimate the least denial of the right of parliament to tax them; but sets forth the impolicy of the laws, and the hardships brought upon the petitioners, and prays that they may be relived from the burdens brought upon them by the sugar sct; that the privileges of the colonies relative to their internal taxes, which they have so long enjoyed, may be still continued; or that the consideration of such taxes as are proposed to be laid upon the colonies may be referred, until the petitioners, in conjunction with the other governments, can have an opportunity to make a full representation of the state and condition of the colonies, and the interest of Great-Britain with regard to them. The proceeding of the general court was approved of out of doors, until the copy of the _New-York_ address was received, which was so high, that many of the friends of liberty were mortified at their own conduct, and if possible, would gladly have recalled their own doings.[77]

[Nov. 18.] The Massachusetts petition was forwarded by governor Bernard, and accompanied with a letter to lord _Halifax_; in which he wrote, “Massachusetts is the only one of the old colonies, that I know of, that enjoys a specie currency. This reflects great honor upon the province itself, as it is a great instance of their prudence, who took hold of a singular opportunity to destroy their paper money, which other colonies who had it equally in their power neglected. But I fear, that if the great sums which are expected to be raised in America are to be transported to Great-Britain, there will soon be an end to the specie currency of the Massachusetts, which will be followed by a total discouragement for other provinces to attempt the same in future. In which case, perpetual paper money, the very negative power of riches, will be the portion of America.” After arguing against the duties, from America’s being unable, for want of a sufficient specie currency, to pay them without being drained of their specie, as it would require a dead stock of three years value of the annual income of the revenues, he added, “If due care be taken to confine the sale of manufactures and Eoropean goods (except what shall be permitted) to Great-Britain only, all the profits of the American foreign trade will necessarily centre in Great-Britain; and therefore if the first purpose is well secured, the foreign American trade is the trade of Great-Britain. The augmentation and diminution, the extension and restriction, the profit and loss of it all, finally comes home to the mother country. It is the interest of Great-Britain, that the trade to both the Spanish and French West-Indies should be encouraged as much as may well be, and the British West-Indies should be taught that equitable maxim, _live and let live_. It appeared to be the decided opinion of the governor, that the sending home the produce of the duties and taxes proposed, would take from the Americans the means of trade, and render it impracticable for them to make remittances to Great-Britain.

The _Virginia_ council and house of burgesses petitioned the king, presented a memorial to the house of lords, ramonstrated to the house of commons. _New-York_, _Rhode-Island_, &c. petitioned.

The _New-York_ petition was conceived in such strong terms, and deemed so inflammatory, that their agent could not prevail on any one member of the house to present it.

The colonies denied the _parliamentary right of taxation_ many months before any member of the British parliament uttered a single syllable to that purpose: and the American opposition to the stamp act was fully formed before it was known by the colonists that their cause was espoused by any man of note at home, as _Britain_ is stiled.

Beside the colonial proceedings related above, it must be noted, that the inhabitants of several places met, and agreed not to buy any clothing (they could do without) which was not of their own manufacturing. Divers associations also were formed, all of whom resolved to consume as few British manufactures as possible.

The raising of a revenue from the molasses trade, and a fund to defray the expences of denfeding the colonies, were in contemplation nine years before;[78] but the resolutions taken by the house of commons in the beginning of this year, might be forwarded by Mr. _Huske_, an _American_, a native of _Portsmouth_ in _New-Hampshire_, who a short time before obtained a seat in parliament. Instead of standing forth a firm advocate for the country which gave him birth, he officiously proposed to the house laying a tax on the colonies that should annually amount to five hundred thousand pounds sterling, which he declared they were well able to pay: and he was heard with great joy and attention.[79] He, or some other, recollecting that the stamp act was talked of by the commissioners at Albany in 1754, might suggest that mode of taxing: for whatever was thought, _the stamp act was not originally Mr. Grenville’s_.[80]

The dispositon to tax the _Americans_, unless they would tax themselves equal to the wishes of the ministry, was undoubtedly strengthened by the reports of their gaiety and luxuary, which reached the mother country: it was also said, that the planters lived like princes, while the inhabitants of _Britain_ laboured hard for a tolerable subsistence. The officers lately returned, represented them as rich, wealthy, and even overgrown in fortune. Their opinion might arise from observations made in the American cities and towns during the war, while large sums were spent in the country for the support of fleets and armies. American productions were then in great demand, and trade flourished. The people, naturally generous and hospitable, having a number of strangers among them, indulged themselves in many uncommon expences. When the war was terminated, and they had on further apprehension of danger, the power of the late enemy in the country being totally broken—_Canada_, and the back lands to the very banks of the _Missisippi_, with the _Floridas_, being ceded to _Great-Britain_—it was thought they could not well make too much of those who had so contributed to their security. Partly to do honor to them, and partly, it is to be feared, to gratify their own pride, they added to their show of plate, by borrowing of their neighbours, and made a great parade of riches in their several entertainments. The plenty and variety of provisions and liquors anabled them to furnish out an elegant table at comparatively trifling expence.

Mr. _Grenville’s_ intended stamp act was communicated to the American agents. Many of them did not oppose it. Half their number were placemen, or dependent on the ministry. Mr. _Joseph Sherwood_, an honest quaker agent for _Rhode-Island_, refused his assent to America’s being taxed by a British parliament. Mr. _Mauduit_, the Massachusetts agent, favored the raising of the wanted money of a stamp duty, as it would occasion less expence of officers, and would include the West-India islands. But the scheme was postponed, and the agents authorised to inform the American assemblies, that they were at liberty to suggest any other way of raising monies; and that Mr. Grenville was ready to receive proposals for any other tax that might be equivalent in its produce to the stamp tax. The colonies seemed to consider it as an affront, rather than a compliment. He would not have been content with any thing short of a certain specific sum, and proper funds for the payment of it. Had not the sums been answerable to his wishes, he would have rejected them; and he would scarce have been satisfied with less than £.300,000 per annum, which was judged absolutely necessary to defray the whole expence of the army proposed for the defence of America: he might rather have expected that it should amount to what Mr. _Huske_ had mentioned. No satisfactory proposals being made, he adhered to his purpose of bringing forward the stamp bill, though repeatedly pressed by some of his friends to desist, while he might have done it with honor. _Richard Jackson_, esq. had been chosen agent for the Massachusetts; he, with Mr. _Ingersoll_, Mr. _Garth_, and Mr. _Franklin_, lately come from Philadelphia, waited on Mr. _Grenville_ the second of February, 1765, by desire of the colonial agents, to remonstrate against the stamp bill, and to propose, that in case any tax must be laid upon America, the several colonies might be permitted to lay the tax themselves. At this interview Mr. _Jackson_ opened his mind freely on the subject; and Mr. _Franklin_, as must be supposed, mentioned, that he had it in instruction from the assembly of _Pennsylvania_, to assure the ministry, that they should alway think it their duty to grant such aids to the crown as were suitable to their circumstances, whenever called for in the usual constitutional manner. Mr. Grenville, however, pertinaciously adhered to his own opinions; and said, that he had _pledged his word for offering the stamp bill to the house_, and that the house would hear their objections, &c. &c.

The bill was brought in; and on the first reading, Mr. _Charles Townsend_ spoke in its favor. He took notice of several things that colonel _Barre_ had said in his speech against it; and then concluded with the following or like words: “And now will these _Americans_, children planted by our care, nourished up by our indulgence, until they are grown to a degree of strength and opulence, and protected by our arms, will they grudge to contribute their mite to relieve us from the heavy weight of that burden which we lie under?”

On this colonel _Barre_ rose, and, after explaining some passages in his speech, took up Mr. _Townsend_’s concluding words in a most spirited and inimitable manner, saying, “_They planted by_ YOUR _care_! No, your oppressions planted them in America. They fled from your tyranny, to a then uncultivated and unhospitable country, where they exposed themselves to almost all the hardships to which human nature is liable; and, among others, to the cruelties of a savage foe, the most subtle, and I will take upon me to say, the most formidable of any people upon the face of God’s earth; and yet, actuated by principles of true English liberty, they met all hardships with pleasure, compared with those they suffered in their own country, from the hands of those that should have been their friends. _They nourished up by_ YOUR _indulgence_! They grew by your neglect of them. As soon as you began to care about them, that care was exercised in sending persons to rule them, in one department and another, who were, perhaps, the deputies of deputies to some members of this house, sent to spy out their liberties, to misrepresent their actions, and to pry upon them—men, whose behaviour on many occasions, has caused the blood of those _sons of liberty_ to recoil within them—men promoted to the highest seats of justice; some who to my knowledge were glad, by going to a foreign country, to escape being brought to the bar of a court of justice in their own. _They protected by_ YOUR _arms_! They have nobly taken up arms in your defence; have exerted a valor, amidst their constant and laborious industry, for the defence of a country, whose frontier was drenched in blood, while its interior parts yielded all its little savings to your emolument. And believe me, remember I this day told you so, that same spirit of freedom, which actuated that people at first, will accompany them still—but prudence forbids me to explain myself further. God knows I do not at this time speak from motives of party heat; what I deliver are the genuine sentiments of my heart. However superior to me in general knowledge and experience the respectable body of this house may be, yet I claim to know more of America than most of you, having seen and been conversant in that country. The people, I believe, are as truly loyal as any subjects the king has; but a people jealous of their liberties, and who will vindicate them if ever they should be violated—but the subject is too delicate—I will say no more.” These sentiments were thrown out so entirely without premeditation, so forcibly and so firmly, and the breaking off was so beautifully abrupt, that the whole house sat a while amazed, intently looking, without answering a word.

The London merchants trading to America, being much alarmed on account of their outstanding debts, petitioned against the stamp act. Their petition was offered at the second reading of the bill. The rule of the house, never to receive petitions against money bills, was urged. General _Conway_ observed, that it appeared undeniable, that the practice was by no means invariable; at best it was but a practice of convenience, from which they ought, in the present instance, to vary. The ministry publicly declared, “_That it was intended to establish the power of Great-Britain to tax the colonies_.” They were induced to make a point of it, because most of the petitions from thence denied, in the strongest terms, the right of Britain to impose taxes. It was evident that the ministerial forces would prevail, the petition of the London merchants was therefore withdrawn. After that the others from the colonies were offered, but rejected upon the plea taken from the rule of the house. During the debate upon the bill, in this stage of it, “General _Conway_ denied the _right_ of parliament to tax the _Americans_, in the most peremptory manner; and urged, with great vehemence, the many hardships, and what he was pleased to call absurdities that would follow from the contrary doctrine and practice.”[81] Alderman Beckford also disputed the right of parliament, according to Mr. Ingersoll’s letter.

The supporters of the stamp act insisted much upon the colonies being _virtually_ represented, and mentioned _Leeds_, _Halifax_, _Birmingham_, _Manchester_, &c. as enjoying a _virtual representation_. Whoever had a recourse to a _virtual representation_ of the colonies, in vindication of the parliament’s taxing them, therein acknowledged, that there ought not to be taxation without representation. But the difference between _Leeds_, _Halifax_, &c. and the _American_ colonies, is as wide as the _Atlantic_. The landholders of those towns enjoy a real representation, if their freeholds yield a certain annual income. Many of the inhabitants have a choice in the election of members, in one place or another. The general interests of the freeholders and tenants, electors and non-electors, are so interwoven, that all are liable to be equally affected by the same common taxes. The one pays the same duty on his sugar, tea, coffee, and chocolate, as the other. The relative connection between them, produces what may be called, with a kind of propriety, a _virtual representation_; answering, though in a lower degree, to what the family of a freeholder or freeman enjoys. But was all the soil in the British colonies a man’s freehold, it would not give him a single vote for any one member of parliament. There is not an individual in them, who, should he cross the Atlantic, would have a right to vote in any election, by virtue of any privileges enjoyed in America. He must be a freeholder of Britain, or a freeman of some British city, borough, or corporation, and have a British qualification, before he can elect or be elected. The interests of _America_ and _Britain_ are not interwoven, as are those of British electors and non-electors. If the British parliament impose taxes on the Americans, Britons do not bear with them their part and proportion in the said taxes. The former are burdened that the latter may be eased. The monies raised have the nature of a tribute exacted from a conquered people in a slavish dependence, and not of a tax voluntarily granted by the voice of freemen, through their own elected representatives, paying scot and lot with themselves, for the support of government. Beside, the British parliament are so far removed from America, that they cannot obtain that full information respecting the colonies which ought always to accompany the exercise of a taxing power.

When the question upon the bill, in its last stage, was brought to a vote, there were about 250 for, and 50 against it. In the house of lords, so strong was the unanimity, that there was not a single syllable uttered against the bill; and on the twenty-second of March, it obtained the royal assent. The night after it was passed, Dr. _Franklin_ wrote Mr. _Charles Thomson_,[82] “the sun of liberty is set; you must light up the candles of industry and œconomy.” Mr. _Thomson_ answered, he was apprehensive that other lights would be the consequence, and predicted the opposition that followed.

The framers of the stamp act flattered themselves, that the confusion which would arise upon the disuse of writings, would compel the colonies to use the stamp paper, and therefore to pay the taxes imposed. Thus they were led to pronounce it, _a law which would execute itself_. Mr. Grenville, however, appears to have been apprehensive that it might occasion disorders; to prevent or suppress which, he projected another bill, which was brought in the same session, whereby it was to be made lawful for military officers in the colonies, to quarter their soldiers in private houses. This seemed intended to awe the people into a compliance with the other act. Great opposition being made to it, as under such a power in the army, no one could look on his house as his own, that part of the bill was dropt; but there still remained a clause, when passed into a law, to oblige the several assemblies to provide quarters for the soldiers, and to furnish them with firing, bedding, candles, small beer, rum, and sundry other articles, at the expence of the several provinces; which continued in force when the stamp act was repealed. It equally militated with the other against the American principle, _That money is not to be raised on English subjects without their consent_.

Whatever might be urged, government was under no necessity of adopting the mode of taxing the colonies for their defence, and the securing of the new ceded countries. Though after the general peace an Indian war might be continued or renewed, that was no reason for continuing British forces in America. The colonists were better able to deal with them than the regulars. The new ceded countries required no great number of troops to secure them. The colonies were at hand to support the British garrisons in case assistance was wanted: and they had repeatedly shewed their readiness upon former occasions. The idea of a dangerous enemy upon the American continent, was at an end; and the British administration must have been inexcusable, had they not guarded against the transferring of one from Europe. It was become futile to exclaim—“Shall it depend upon the resolutions of a Philadelphia assembly, whether our fellow subjects shall arm in defence of liberty and property? Does the fate of a whole continent bear any proportion to an almost imperceptible encroachment upon the important privilege of an American, deliberating for a year or two, whether he will pay six-pence in the pound to save himself and family from perdition?” The danger of perdition was a mere bugbear, which might frighten the ignorant into an apprehension that it was absolutely necessary to maintain an army in America, for the expence of which the colonies should be made to answer; but the Americans knew better than to startle at the spectre. Had no more troops been stationed upon the American continent than circumstances called for, the ministry might have obtained all the aids it was reasonable for the colonies to have given, by the old mode of requisition. From the time that they were first considered as capable of granting aids, the constant mode of obtaining them, was by _requisition from the crown_, through the governors to the several assemblies; and the ministers, from _Charles_ II. to the present king, most effectually recognised the distinction between parliamentary superintendance and taxation, in their requisitions to the colonies to raise men and money by acts of assembly. Had this happy method been continued, all the money that could have been justly expected from them in any manner, might have been procured without the least breach of that harmony which so long subsisted between the colonies and the mother country; and it was not acting wisely to thwart unnecessarily the prejudices of the Americans. But the imposition of taxes upon them might be introductory to, or a part of the plan for overturning their civil and religious liberties, alluded to by the Rev. Mr. _Whitefield_, before even the sugar act had passed.

The stamp act having passed, the colony agents waited upon Mr. Wheatley by desire, who told them, that Mr. Grenville did not think of sending from Great-Britain stamp officers, but wished to have discreet and respectable persons appointed from among the inhabitants; and that he would be obliged to them to point out to him such persons. Thus the agents were drawn in to nominate. Dr. Franklin recommended Mr. _Hughes_ to be chief distributor of stamps in _Pennsylvania_, and Mr. _Cox_ in the _Jerseys_; and being consulted by Mr. _Ingersoll_, advised him to accept, adding, _go home and tell your countrymen to get children as fast as they can_—thereby intimating his opinion of the oppression the colonists were under, and of their present inability to make effectual resistance; but that they ought, when sufficiently numerous, to shake off the yoke and recover their liberty. It is apparent from the recommendations, and the appointments made in consequence of the nominations, that the agents were far from thinking that such disturbances would have been occasioned by the stamp act, or they would have spared their friends. They certainly expected the act would have gone down, and the stamp papers have been used. But it was the reverse.

A general discontent through the _Massachusetts_ discovered itself immediately on the first advice of the acts having passed; but there was no other expectation among the bulk of the people, than that the act would be submitted to, and the duty paid; and several who afterward opposed it violently, made interest with the distributor, that they or their friends might obtain appointments. The newspapers, indeed, groaned for the loss of liberty; however, nothing extravagant appeared in them; but the friends to the claims of the colonies, pleased with Barre’s sheech, and what he had pronounced the Americans, assumed to themselves the title of—SONS OF LIBERTY.

In Connecticut the inhabitants were quite inattentive to the fatal consequences that the act might draw after it in some distant period. The judges themselves, several of whom were of the council, appeared perfect secure, and were no ways alarmed. The Rev. Mr. _Stephen Johnson_ of _Lyme_, vexed and grieved with the temper and inconsiderateness of all orders of people, determined, if possible, to rouse them to a better way of thinking. He consulted a neighbouring gentleman, an Irishman by birth, who undertook to convey the pieces he might pen to the _New-London_ printer, so secretly as to prevent the author’s being discovered. Three or four essays were published upon the occasion. The eyes of the public began to open, and fears were excited. Other writers engaged in the business, while the first withdrew, having fully answered his intention. The congregational ministers saw further into the designs of the British administration than the bulk of the colony; and, by their publications and conversation, increased and strengthened the opposition.—It became so considerable, that when governor _Fitch_ proposed that he and the counsellors should be sworn agreeable to the stamp act, colonel _Trumbull_[83] went out, and refused even to witness to the transaction. Others followed this spirited example, and only four of the council remained.

In _Virginia_ a general disposition appeared to submit to the stamp act: but _George Johnston_ and _Patrick Henry_, esqrs. consulted together; and afterward, at the close of the sessions, when there was but a thin house, many members being absent preparing to return home, Mr. Henry brought in a number of resolves.—They were as follows, viz. “Whereas the honorable house of commons in _England_, have of late drawn into question how far the general assembly of this colony hath power to enact laws for laying of taxes and imposing duties, payable by the people of this his majesty’s most ancient colony—for settling and ascertaining the same to all future times, the house of burgesses of this present general assembly, have come to the following resolves:

Resolved, That the first adventurers, settlers of this his majesty’s colony and dominion of _Virginia_, brought with them and transmitted to their posterity, and all other his majesty’s subjects since inhabiting in this his majesty’s said colony, all the liberties, privileges, franchises, and immunities, that have at any time been held, enjoyed, and possessed by the people of _Great-Britain_:

Resolved, That by two royal charters, granted by king _James_ I. the colonists aforesaid are declared and entitled to all liberties, privileges and immunities of denizens and natural subjects, to all intents and purposes, as if they had been abiding and born within the realm of _England_:

Resolved, That his majesty’s liege people of this ancient colony have enjoyed the right of being thus governd by their own assembly, in the articles of taxes and internal police; and that the same have never been forfeited, or any other way yielded up, but have been constantly recognised by the king and people of _Britain_:

Resolved therefore, That the general assembly of this colony, together with his majesty or his substitutes, have in their representative capacity, the only exclusive right and power to lay taxes and imposts upon the inhabitants of this colony; and that every attempt to vest such power in any other person or persons whatsoever, than the general assembly aforesaid is illegal, unconstitutional, and unjust, and hath a manifest tendency to destroy _British_ as well as _American_ liberty:

Resolved, That his majesty’s liege people, the inhabitants of this colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws and ordinances of the general assembly aforesaid:

Resolved, That any person who shall, by speaking or writing, assert or maintain, that any person or persons, other than the general assembly of this colony, have any right or power to impose or lay any taxation on the people here, shall be deemed an enemy to this his majesty’s colony.”

Upon reading these resolves the _Scotch_ gentlemen in the house, cried out treason, &c. They were however adopted.—The next day, some old members got them revised, though they could not carry it to reject them. As revised they stand thus on the printed journals of the house of burgesses.

_Thursday, May 30, 1765._

Resolved, That the first adventurers, &c. &c. as above:

Resolved, That by two royal charters, &c. &c.

Resolved, That the taxation of the people by themselves, or by persons chosen by themselves to represent them, who can only know what taxes the people are able to bear, or the easiest method of raising them, and must themselves be effected by every tax laid on the people, is the only security against a burdensome taxation, and the distinguishing characteristic of _British_ freedom, without which the ancient constitution cannot exist:

Resolved, That his majesty’s liege people of this his most ancient and loyal colony, have, without interruption, enjoyed the inestimable right of being governed by such laws, respecting their internal policy and taxation, as are derived from their own consent, with the approbation of their sovereign or his substitute; and that the same hath never been forfeited or yielded up, but hath been constantly recognised by the king and people of _Great-Britain_.

[June 1.] Lieutenant-governor Farquier dissolved the house of burgesses upon being made acquainted with their resolves.

A manuscript of the unrevised resolves soon reached _Philadelphia_, having been sent off immediately upon their passing, that the earliest information of what had been done might be obtained by the sons of liberty. From thence the like was forwarded on the seventeenth of June. At _New-York_ the resolves were handed about with great privacy: they were accounted so treasonable, that the possessors of them declined printing them in that city. The _Irish_ gentleman alluded to above, being there, inquired after them, and with much precaution was admitted to take a copy.—He carried them to _New-England_, where they were published and circulated far and wide in the newspapers, without any reserve, and proved eventually the occasion of those disorders which afterward broke out in the colonies. Till they appeared, it was thought that the _Rhode-Islanders_ would submit. Murmurs indeed were continually heard; but they seemed to be such as would die away. The Virginia resolutions gave a spring to all the disgusted, and they began to adopt different measures.

The _Massachusetts_ assembly had hit upon a wise and quiet mode of seeking address, before ever they could be acquainted with what had been done in Virginia. It was projected and brought on by Messrs. _Otis_, father and son. They were visiting at _James Warren’s_, esq. of Plymouth, a son and brother-in-law, he having married Miss _Otis_. The state of public affairs, and how to get rid of the burdens coming upon the colonies, were the subjects of conversation. Congresses had often been held, and though there was no precedent of any one’s being called, but at the instance of persons authorised or employed by the ministry, excepting the first congress we read of, which was proposed by the _Massachusetts_ general court in 1690; yet no reasonable objection could be made against holding one upon the present emergency, notwithstanding it might want the sanction of administration.—It was agreed to forward the meeting of a congress as a proper method for obtaining the removal of American grievances. The matter was moved in the house of assembly; [June 6.] the consequence was, an agreement, that “It is highly expedient there should be a meeting, as soon as may be, of committees from the houses of representatives or burgesses in the several colonies, to consult on the present circumstances of the colonies, and the difficulties to which they are and must be reduced, and to consider of a general address—to be held at New-York, the first Tuesday of October.” Within two days, a letter was drafted to be sent to the several speakers; and at the close of a fortnight, _James Otis_, jun. _Oliver Partridge_, and _Timothy Ruggles_, esqrs. were chosen the committee for the Massachusetts. The governor, in his account to the lords of trade, said, “It was impossible to oppose this measure to any good purpose; and therefore the friends of government took the lead in it, and have kept it in their hands. Two of the three chosen are fast friends to government, prudent and discreet men, such as I am assured will never consent to any improper applications to the government of Great-Britain.” Lieutenant governor _Colden_ designedly prorogued the meeting of the _New-York_ assembly, till after the time appointed for the congress; but the committee ordered, by the vote of the house of the eighteenth of October 1764, to be a committee during the recess, to write to and correspond with the several assemblies or committees of assemblies on the continent, did, by virtue of that order, meet in congress; and the house afterward approved of their conduct on the twentieth of November; and moreover resolved, “that for the obtaining relief from the operation and execution of the stamp act, and other acts for levying duties and taxes on the colonies, humble petitions be prepared to the king, the house of lords, and the house of commons, as nearly similar to those drawn up by the congress as the particular circumstances of the colony will admit.”

The assemblies of _Virginia_, _North-Carolina_ and _Georgia_, were prevented, by their governors, having the opportunity of sending committees to congress. _The Massachusetts-Bay_, _Rhode-Island and Providence Plantations_, _Connecticut_, _New-York_, _New-Jersey_, _Pennsylvania_, the _Delaware Counties_, and _South-Carolina_, had their respective committees present at the place appointed; and Mr. _Ruggles_ was chosen chairman. The petition to the house of commons being finished, was signed, though only by member from six colonies; the committees from _Connecticut_, _New-York_ and _South-Carolina_, not having been sufficiently empowered. Mr. _Ruggles_, took leave of the members, Thursday evening the twenty-fourth of October, and came off the next morning without signing; for which he was afterward censured by the _Massachusetts_ assembly. Mr. _Otis_ was upon the point of trespassing in like manner; but was prevented by the influence of Mr. _Thomes Lynch_ of the _South-Carolina_ committee. The congress dissolved on October the twenty-fifth, having finished the business to which they had been appointed. The colonies that could not send committees, showed, as opportunities offered, their approbation of what had been done, by forwarding to their agents petitions to the like purpose with that of congress. _New-Hampshire_ had excused their not sending to congress, from the then situation of their governmental affairs; but the speaker laying before the assembly the proceedings of congress, on November the twenty-second, they voted unanimously, “That this house do fully approve of, and heartily join in the resolves and several petitions agreed to by the said general congress; and that the speaker, with two others, (all whose names are mentioned) be empowered to sign the same in behalf of this house, if not too late; if the general petitions are forwarded, in that case the said petitions be fairly engrossed, that they sign them in behalf of the house, and forward them, with duplicates, to _Barlow Trecothick_ and _John Wentworth_, esqrs. who are appointed special agents for the house, and are empowered and desired to present the said petitions, &c.” The committee wrote to these agents on December the sixth, and concluded with saying, “We in this province have not been so boisterous and irregular as some others, not because we are insensible of our distresses, but because we though the present method most likely to obtain relief.”

The _Virginia_ resolves having had their full operation, and the spirits of the people being highly inflamed, the colonial disturbances break out upon the following occasion. Messrs. _John Avery_, jun. _Thomas Crafts_, _John Smith_, _Henry Welles_, _Thomas Chace_, _Stephen Cleverly_, _Henry Bass_, and _Benjamin Edes_, to manifest their abhorrence and detestation of those persons who they supposed were endeavouring to subvert the British constitution to enslave the colonies, and to alienate the affections of his majesty’s most faithful subjects in America, provide and hang out early in the morning of August the fourteenth, upon the limb of a large old elm, toward the entrance of Boston, over the most public street, two effigies, one of which by the labels appear to be designed for the stamp officer; the other is a jack boot, with a head and horns peeping out of the top. Not only the usual passengers pass under it, but the report spreads, and draws great numbers from every part of the town and the neighbouring country. The affair is left to take its own course; an enthusiastic spirit diffuses itself through the body of the spectators. In the evening the pageantry is cut down, and carried in funeral procession, the populace shouting, _liberty and property for ever_, _no stamps_, &c. &c. They direct their way to a new building, lately erected by Mr. _Oliver_, which they pull down, falsely supposing it to be designed for the tsamp office. They go on to his house, before which they behead his effigy, breaking at the same time all the windows next the street. They then repair to Fort Hill, on the ascent of which stands his house, where they burn his effigy. After this they return to attack his premises; and many of they with clubs, staves, &c. go to work on the garden, fences, barns, &c. Mr. Oliver had prudently retired, leaving a few friends behind to keep possession of the dwelling: these committed some slight indiscretions, the populace are so enraged, that they force themselves into the lower part of it, break the windows and destroy the furniture. They disperse about midnight. The next day [August 15.] Mr. Oliver, fearful of what may otherwise happen declares that he has written to England, and resigned. The mob assemble again at night: and, after some expressions of joy for the resignation, proceed to the lieutenant-governor’s, Mr. _Hutchinson’s_ house, which they besiege for an hour, though in vain, insisting repeatedly upon knowing whether he had not written in favor of the stamp act: at length, through the influence of some discreet persons, they withdrew and finished their evening’s entertainment at a bonfire.

[August 26.] Eleven days after, the disorders grew more enormous and alarming. In the evening a number of persons, disguised and armed with clubs, sticks, &c. collect in King-street, in consequence of a preconcerted plan. They go first to Mr. _Paxton’s_, marshal of the court of admiralty and surveyor of the port; being assured by the owner of the house, that Mr. Paxton had quitted it with his best effects; and being invited by him to the tavern to drink a barrel of punch, they accept the offer, and the house is saved. Having finished the punch, they proceed to and attack the house of Mr. _William Story_, deputy register of the court of admiralty; break the windows; force into the dwelling; strip the office of the books and files belonging to the said court; burn and destroy them with many other papers; injure and ruin a great part of his furniture.

It is the opinion of some, that the first movers in the affair, meant mainly an assault upon the house of the deputy register, who, by various mal-practices, had made himself highly obnoxious to persons doing business in his office. But mobs once raised, soon become ungovernable by new and large accessions, and extend their intentions for beyond those of the original instigators. Crafty men may intermix with them when they are much heated, and direct their operations quite differently from what was at first designed.

How far the scheme of the present mob extended, when it first collected, is hard to say; but upon leaving Mr. _Story_’s, they proceed to the house of Mr. _Benj. Hallowell_, comptroller of the customs for Boston; and to the repetition of similar excesses to what have been just committed, add the drinking and destroying of liquors in the cellars, the taking away of wearing apparel, the breaking open of desk and drawers, and the carrying off thirty pounds sterling in money. Many being now inflamed with liquor, and numbers having joined them, they become more riotous, and are ready for any mischief. They hurry away to Mr. _Hutchinson_’s house with the rage of madmen. He sends off his children, bars his doors and windows, and means to remain; but is soon under the necessity of withdrawing, first to one house, then to another, where he continues till four in the morning, by which time one of the best finished houses in the colony, has nothing remaining but the bare walls and floors. Gentlemen of the army, who have seen towns sacked by an enemy, declare they never before saw an instance of such fury. The rioters carry off about nine hundred pounds sterling, beside plate, family pictures, household furniture of every kind, and the apparel of the lieutenant governor, his children and servants.—They also empty the house of every thing whatsoever, except a part of the kitchen furniture; and scatter or destroy all the manuscripts and other papers he has been collecting for thirty years back, beside a great number of public papers in his custody. The loss of papers is irreparable.

[Aug. 27.] The next day it was strongly reported by the enemies of Dr. _Jonathan Mayhew_, that he approved of these doings; and had, indeed, encouraged them, in a sermon preached the preceding Lord’s day, on _Gal._ v. 12, 13. This led him to write immediately to Hutchinson; and in his letter he condoled with him, “on account of the almost unparalleled outrages committed at his house the preceding evening;” and said, “God is my witness, that, from the bottom of my heart, I detest these proceedings; and that I am sincerely grieved for them, and have a deep sympathy with you and your distressed family on this occasion. I did, indeed, express myself strongly in favor of civil and religious liberty, as I hope I shall ever continue to do; and spoke of the stamp act as a great grievance, like to prove detrimental, in a high degree, both to the colonies and the mother country, and I have heard your honor speak to the same purpose. But as my text led me to do, I cautioned my hearers very particularly against the abuses of liberty, and expressed my hopes, that no persons among ourselves had encouraged the bringing of such a burden on their country, notwithstanding it had been strongly suspected. In truth, Sir, I had rather lose my hand than be an encourager of such outrages as were committed last night. I do not think my regard to truth was ever called into question by those that knew me; and therefore hope your honor will be so just as to give entire credit to these solemn declarations.”

This same day the superior court began its term. The chief justice, Mr. _Hutchinson_, attended in his only suit, and necessarily without those ensigns of office so wisely calculated to procure regard to authority; while the other gentlemen of the bench and bar, appeared in their respective robes. The court refused to do any business, and adjourned to the fifteenth of October, to show their resentment of the insult offered to the lieutenant governor, as well as their sense of the anarchy to which the government was reduced. Half a dozen of the dregs of the people, who, being taken up, refused to discover the ringleaders, were committed. Three broke jail and fled, against one of whom a bill was found; against the other three in custody none was found; for it was not thought safe to prosecute. The temper of the public would not admit of it, without hazarding further disturbances; and for that reason, one who was capitally charged with being a principal in the riot, and secured, was finally dismissed by the justices.