Chapter 7:
The ministers are advised to tax America by act of parliament.—Newcastle's administration.1754-1755.
such was America, where the people was rapidlychap VII.} 1754 |
To gain a seat in parliament, the Great Commoner himself1 was forced to solicit the nomination and patronage of the duke of Newcastle. On the death of Henry Pelham, in March, 1754, Newcastle, to the astonishment of all men, declaring he had been second minister long enough, placed himself at the head of the treasury;2 and desired Henry Fox, [160] then secretary at war, to take the seals and conduct
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Fox declining the promotion offered him, the inefficient Holdernesse was transferred to the Northern Department; and Sir Thomas Robinson, a dull pedant, lately a subordinate at the Board of Trade, was selected for the Southern, with the management of the new House of Commons. ‘The duke,’ said Pitt, ‘might as well send his jackboot to lead us.’ The House abounded in noted men. Besides Pitt, and Fox, and Murray, the heroes of a hundred magnificent debates, there was ‘the universally able’3 George Grenville; the solemn Sir George Lyttleton, known as a poet, historian and orator; Hillsborough, industrious, precise, well meaning, but without sagacity; the arrogant, unstable Sackville, proud of his birth, ambitious of the highest stations; the amiable, candid, irresolute Conway; Charles [161] Townshend, confident in his ability, and flushed with
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One day, a member, who owed his seat to bribery, defended himself in a speech full of wit, humor, and buffoonery, which kept the House in a continued roar of laughter. With all the fire of his eloquence, and in the highest tone of grandeur, Pitt, incensed against his patron, gave a rebuke to their mirth. ‘The dignity of the House of Commons,’ he cried, ‘has, by gradations, been diminishing for years, till now we are brought to the very brink of the precipice, where, if ever, a stand must be made, unless you will degenerate into a little assembly, serving no other purpose than to register the arbitrary edicts of one too powerful subject.’4 ‘We are designed to be an appendix to——I know not what; I have no name for it,’—meaning the House of Lords.
Thus did Pitt oppose to corrupt influence his genius and his gift of speaking well. Sir Thomas Robinson, on the same day, called on his majority to show spirit. ‘Can gentlemen,’ he demanded, ‘can [162] merchants, can the House bear, if eloquence alone is
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These tendencies foreshadowed an impending [163] change in the great Whig party of England. The
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It was because the Whig party at this time had proposed to itself nothing great to accomplish, that it was possible for a man like Newcastle to be at its head; with others like Holdernesse, and the dull Sir Thomas Robinson, for the secretaries of state. The new system of governing America became one of the first objects of their attention; and, with the inconsiderate levity, rashness, and want of principle that mark imbecile men in the conduct of affairs, they were ever ready to furnish precedents for future measures of oppression. The Newcastle ministry proceeded without regard to method, consistency, or law.
The province of New York had replied to the condemnation of its policy, contained in Sir Danvers Osborne's instructions, by a well-founded impeachment of Clinton for embezzling public funds and concealing it by false accounts; for gaining undue profits from extravagant grants of lands, and grants to himself under fictitious names; and for selling civil and military offices. These grave accusations were neglected.
But the province had also complained that its legislature had been directed to obey the king's instructions. They insisted that such instructions, though a rule of conduct to his governor, were not the measure of obedience to the people; that the rule of [165] obedience was positive law; that a command to grant
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The feebleness of the ministry, in which there was not one single statesman of talent enough to avoid a conflict with France, encouraged the ambition of that power. At the same time it was seen that the people of America, if they would act in concert, could advance the English flag through Canada and to the Mississippi; and, as a measure of security against French encroachments, Halifax, by the king's command,13 proposed an American union.14 ‘A certain
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Such was the despotic, complicated, and impracticable plan of Halifax, founded so much on prerogative, as to be at war with the principles of the English aristocratic revolution. Nor was any earnest effort ever made to carry it into effect. It does but mark in the mind of Halifax and his associates, the moment of that pause, which preceded the definitive purpose of settling all questions of an American revenue, government, and union, by what seemed the effective, simple, and uniform system of a general taxation of [167] America by the British legislature. The secretary of
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‘If the several assemblies,’ wrote Penn from England, ‘will not make provision for the general service, an act of parliament may oblige them here.’16 ‘The assemblies,’ said Dinwiddie, of Virginia, ‘are obstinate, self-opinionated; a stubborn generation;’ and he advised ‘a poll-tax on the whole subjects in all the provinces, to bring them to a sense of their duty.’17 Other governors, also, ‘applied home’ for compulsory legislation;18 and Sharpe, of Maryland, who was well informed, held it ‘possible, if not probable, that parliament, at its very next session, would raise a fund in the several provinces by a poll-tax,’ or by imposts, ‘or by a stamp-duty,’ which last method he at that time favored.19
These measures were under consideration while the news was fresh of Washington's expulsion from the Ohio valley. Listening to the instance of the House of Burgesses of Virginia, the king instructed the Earl of Albemarle, then governor-in-chief of that Dominion, to grant lands west of the great ridge of mountains which separates the rivers Roanoke, James, and Potomac from the Mississippi, to such persons as should be desirous of settling them, in small quantities [168] of not more than a thousand acres for any one person.
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But the ministry still doubting what active measures to propose, sought information21 of Horatio Gates, a young and gallant officer just returned from Nova Scotia. He was ready to answer questions, but they knew not what to ask. On the advice of Hanbury, the quaker agent in England for the Ohio Company, they appointed Sharpe, of Maryland, their general. Newcastle would have taken Pitt's opinion. ‘Your Grace knows,’ he replied, ‘I have no capacity for these things.’22 Horace Walpole, the elder, advised energetic measures to regain the lost territory.23 Charles Townshend would have sent three thousand regulars with three hundred thousand pounds, to New England, to train its inhabitants in war, and, through them, to conquer Canada. After assuming the hero, and breathing nothing but war, the administration confessed its indecision; and in October, while England's foolish prime minister was sending pacific messages ‘to the French administration, particularly to Madame de Pompadour and the Duke de Mirepoix,’24 the direction and conduct of American affairs was left entirely to the Duke of Cumberland, then the captaingeneral of the British army. [169]
The French ministry desired to put trust in the
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Fond of war, ‘the cruel and sanguinary’ Cumberland entered on his American career with eager ostentation. He was heroically brave and covetous of military renown, hiding regrets at failure under the aspect of indifference.28 Himself obedient to the king, he never forgave a transgression of ‘the minutest precept of the military rubric.’29 In Scotland, in 1746, his method against rebellion was ‘threatening military execution.’ ‘Our success,’ he at that time complained to Bedford, ‘has been too rapid. It would have been better for the extirpation of this [170] rabble, if they had stood.’ ‘All the good we have
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For the American major-general and commanderin-chief, Edward Braddock was selected, a man in fortunes desperate, in manners brutal, in temper despotic; obstinate and intrepid; expert in the niceties of a review; harsh in discipline.32 As the duke had confidence only in regular troops, it was ordered33 that the general and field officers of the provincial forces should have no rank, when serving with the general and field-officers commissioned by the king. Disgusted at being thus arrogantly spurned, Washington retired from the service, and his regiment was broken up.
The active participation in affairs by Cumberland again connected Henry Fox with their direction. This unscrupulous man, having ‘privately foresworn all connection with Pitt,’ entered the cabinet without appointment to office, and, as the most efficient man in the ministry, undertook the conduct of the House of Commons. Desiring to introduce into the English service the exactness of the German discipline, and to [171] ground his despotism in an appearance of law, Cum-
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It is confidently stated, by the agent of Massachusetts, that a noble lord had then a bill in his pocket, ready to be brought in, to ascertain and regulate the colonial quotas.36 All England was persuaded of ‘the perverseness of the assemblies,’37 and inquiries were instituted relating to the easiest method of taxation by parliament. But, for the moment, the prerogative was employed; Braddock was ordered to exact a common revenue; and all the governors received [172] the king's pleasure ‘that a fund be established
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Men in England expected obedience; but in December, Delancey referred to ‘the general opinion of the congress at Albany, that the colonies would differ in their measures and disagree about their quotas; without the interposition of the British parliament to oblige them,’ nothing would be done.39
In the same moment, Shirley, at Boston, was planning how the common fund could be made efficient; and to Franklin—who, in December, 1754, revisited the region in which he drew his first breath, and spent his earliest and most pleasant days,—he submitted a new scheme of union. A congress of governors and delegates from the councils was to be invested with power at their meetings to adopt measures of defence, and to draw for all necessary moneys on the treasury of Great Britain, which was to be reimbursed by parliamentary taxes on America.
‘The people in the colonies,’ replied Franklin,40 ‘are better judges of the necessary preparations for defence, and their own abilities to bear them. Governors often come to the colonies merely to make fortunes, with which they intend to return to Britain; are not always men of the best abilities or integrity; have no natural connection with us, that should make them heartily concerned for our welfare.’ ‘The councillors in most of the colonies are appointed by [173] the crown, on the recommendation of governors, fre-
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Against taxation of the colonies by parliament, Franklin urged, that it would lead to dangerous animosities and feuds, and inevitable confusion; that parliament, being at a great distance, was subject to be misinformed and misled, and was, therefore, unsuited to the exercise of this power; that it was the undoubted right of Englishmen not to be taxed but by their own consent, through their representatives; that to propose taxation by parliament, rather than by a colonial representative body, implied a distrust of the loyalty, or the patriotism, or the understanding of the colonies; that to compel them to pay money without their consent, would be rather like raising contributions in an enemy's country than taxing Englishmen for their own benefit; and, finally, that the principle involved in the measure would, if carried out, lead to a tax upon them all by act of parliament for support of government and to the dismission of colonial assemblies, as a useless part of the constitution.
Shirley next proposed for consideration the plan of uniting the colonies more intimately with Great [174] Britain, by allowing them representatives in parlia-
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Unable to move Franklin from the deeply-seated love of popular liberty and power which was at once his conviction and a sentiment of his heart, Shirley turned towards the Secretary of State, and renewed his representations of the necessity of a union of the colonies, to be formed in England and enforced by act of parliament. At the same time he warned against the plea of Franklin in behalf of the Albany plan, which he described as the application of the old charter system, such as prevailed in Rhode Island and Connecticut, to the formation of an American confederacy.41 The system, said he, is unfit for ruling a particular colony; it seems much more improper for establishing a general government over all the colonies to be comprised in the union. The prerogative is not sufficiently secured by the reservation to the crown of the appointment of a President of the Union with a negative power on all acts of legislation. As the old charter governments subjected the prerogative to the people, and had little or no appearance [175] of dependency, so the Albany plan of union
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Franklin and Shirley parted, each to persevere in
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The contest along the American frontier was raging fiercely, when, in January, 1755, France proposed to England to leave the Ohio valley in the condition in which it was at the epoch before the last war, and at the same time inquired the motive of the armament which was making in Ireland. Braddock, with two regiments, was already on the way to America, when Newcastle gave assurances that defence only was intended, that the general peace should not be broken; at the same time, England on its side, returning the French proposition but with a change of epoch, proposed to leave the Ohio valley as it had been at the treaty of Utrecht. Mirepoix, in reply, was willing that both the French and English should retire from the country between the Ohio and the Alleghanies, and leave that territory neutral, which would have secured to his sovereign all the country north and west of the Ohio. England, on the contrary, demanded that France should destroy all her forts as far as the Wabash, raze Niagara and Crown Point, surrender the peninsula of Nova Scotia, with a strip of land twenty leagues wide along the Bay of Fundy and [177] the Atlantic, and leave the intermediate country to
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While the negotiations were pending, Braddock arrived in the Chesapeake. In March, he reached Williamsburg, and visited Annapolis; on the fourteenth day of April, he, with Commodore Keppel, held a congress at Alexandria. There were present, of the American governors, Shirley, now next to Braddock in military rank; Delancey, of New York; Morris, of Pennsylvania; Sharpe, of Maryland; and Dinwiddie, of Virginia. Braddock directed their attention, first of all, to the subject of colonial revenue,49 on which his instructions commanded him to insist, and his anger kindled ‘that no such fund was already established.’ The governors present, recapitulating their strifes with their assemblies, made answer, ‘Such a fund can never be established in the colonies without the aid of parliament. Having [178] found it impracticable to obtain in their respective
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I have had in my hands vast masses of correspondence, including letters from servants of the crown in every royal colony in America; from civilians, as well as from Braddock, and Dunbar, and Gage; from the popular Delancey and the moderate Sharpe, as well as from Dinwiddie and Shirley; and all were of the same tenor. The British ministry heard one general clamor from men in office for taxation by act of parliament. Even men of liberal tendencies looked to acts of English authority for aid. ‘I hope that [179] Lord Halifax's plan may be good and take place,’ said
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In England, the government was more and more inclined to enforce the permanent authority of Great Britain. No Assembly had with more energy assumed to itself all the powers that spring from the management of the provincial treasury than that of South Carolina; and Richard Lyttleton, brother of Sir George Lyttelton, who, in November, 1755, entered the cabinet as chancellor of the exchequer, was sent to recover the authority which had been impaired by ‘the unmanly facilities of former rulers.’ Pennsylvania had, in January, 1755, professed the loyalty of that province, and explained the danger to their chartered liberties from proprietary instructions; but, after a hearing before the Board of Trade, the address of the colonial legislature to their sovereign, like that of New York in the former year, was disdainfully rejected. Petitions for reimbursements and aids were received with displeasure; the people of New England were treated as Swiss ready to sell their services, desiring to be paid for protecting themselves. The reimbursement of Massachusetts for taking Louisburg was now condemned, as a subsidy to subjects who had only done their duty. ‘You must fight for your own altars and firesides,’ was Sir [180] Thomas Robinson's answer to the American agents,
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The civilized world was just beginning to give to the colonies the attention due to their futurity. Hutcheson, the greatest British writer on ethics of his generation,—who, without the power of thoroughly reforming the theory of morals, knew that it needed a reform, and was certain that truth and right have a foundation within us, though, swayed by the material philosophy of his times, he sought that foundation not in pure reason, but in a moral sense,—saw no wrong in the coming independence of America. ‘When,’ he inquired, ‘have colonies a right to be released from the dominion of the parent state?’ And this year his opinion saw the light:—‘Whenever they are so increased in numbers and strength as to be sufficient by themselves for all the good ends of a political union.’