An Historical Account Of The Rise And Progress Of The Colonies
Chapter 24
Among the rest a party in South Carolina, which province at this time, from inclination, duty and interest, was very firmly attached to the mother country, entered warmly into the general opposition. Lieutenant-governor Bull, a native of the province, manifested a desire of complying with the act, and supporting the legal and constitutional dependency of the colony on the crown and parliament of Great Britain; but wanted power sufficient for maintaining the dignity and authority of his government, and carrying that act into execution. Several old and wise men joined him, and declared that they had formerly taken an active part in bringing the province under his majesty's care, but would now be very cautious of resisting the authority of parliament, and robbing it of that protection which it had so long and so happily enjoyed. The members of assembly, finding the Lieutenant-governor determined to transact no public business but in compliance with the act of parliament, began to deliberate how they might best elude it. For this purpose they addressed him, begging to be informed whether the stamp act, said to be passed in parliament, had been transmitted to him by the Secretary of State, the Lords of Trade; or any other authentic channel, since he considered himself as under obligations to enforce it. He replied, that he had received it from Thomas Boone, the Governor of the province. The assembly declared, that they could consider Mr. Boone, while out of the bounds of his government, in no other light than that of a private gentleman, and that his receiving it in such a channel was not authority sufficient to oblige him to execute so grievous an act. But Mr. Bull and his council were of opinion, that the channel in which he had received it was equally authentic with that in which he had formerly received many laws, to which they had quietly submitted. Upon which the assembly came to the following resolutions, which were signed by Peter Manigault their speaker, and ordered to be printed, that they might be transmitted to posterity, in order to shew the sense of that house with respect to the obedience due by America to the British parliament.
[Sidenote] Their resolutions respecting the obedience due to the British parliament.
"Resolved, That his Majesty's subjects in Carolina owe the same allegiance to the crown of Great Britain that is due from its subjects born there. That his Majesty's liege subjects of this province are entitled to all the inherent rights and liberties of his natural born subjects within the kingdom of Great Britain. That the inhabitants of this province appear also to be confirmed in all the rights aforementioned, not only by their character, but by an act of parliament, 13th George II. That it is inseparably essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed on them but with their own consent. That the people of this province are not, and from their local circumstances cannot be represented in the House of Commons in Great Britain; and farther, that, in the opinion of this house, the several powers of legislation in America were constituted in some measure upon the apprehension of this impracticability. That the only representatives of the people of this province are persons chosen therein by themselves; and that no taxes ever have been, or can be, constitutionally imposed on them but by the legislature of this province. That all supplies to the Crown being free gifts of the people, it is unreasonable and inconsistent with the principles and spirit of the British constitution for the people of Great Britain to grant to his Majesty the property of the people of this province. That trial by jury is the inherent and invaluable right of every British subject in this province. That the act of parliament, entitled, An act for granting and applying certain stamp-duties and other duties on the British colonies and plantations in America, _&c._ by imposing taxes on the inhabitants of this province; and the said act and several other acts, by extending the jurisdiction of the courts of admiralty beyond its ancient limits, have a manifest tendency to subvert the rights and liberties of this province. That the duties imposed by several late acts of parliament on the people of this province will be extremely burdensome and grievous; and, from the scarcity of gold and silver, the payment of them absolutely impracticable. That as the profits of the trade of the people of this province ultimately center in Great Britain, to pay for the manufactures which they are obliged to take from thence, they eventually contribute very largely to all the supplies granted to the Crown; and besides, as every individual in this province is as advantageous at least to Great Britain as if he were in Great Britain, as they pay their full proportion of taxes for the support of his Majesty's government here, (which taxes are equal, or more, in proportion to our estates, than those paid by our fellow subjects in Great Britain upon theirs), it is unreasonable for them to be called upon to pay any further part of the charges of government there. That the assemblies of this province have from time to time, whenever requisitions have been made to them by his Majesty, for carrying on military operations, either for the defence of themselves or America in general, most cheerfully and liberally contributed their full proportion of men and money for these services. That though the representatives of the people of this province had equal assurances and reasons with those of the other provinces, to expect a proportional reimbursement of those immense charges they had been at for his Majesty's service in the late war, out of the several parliamentary grants for the use of America; yet they have obtained only their proportion of the first of those grants, and the small sum of L. 285 sterling received since. That, notwithstanding, whenever his Majesty's service shall for the future require the aids of the inhabitants of this province, and they shall be called upon for this purpose in a constitutional way, it shall be their indispensable duty most cheerfully and liberally to grant to his Majesty their proportion, according to their ability, of men and money, for the defence, security, and other public services of the British American colonies. That the restrictions on the trade of the people of this province, together with the late duties and taxes imposed on them by act of parliament, must necessarily greatly lessen the consumption of British manufactures amongst them. That the increase, prosperity and happiness of the people of this province, depend on the full and free enjoyment of their rights and liberties, and on an affectionate intercourse with Great Britain. That the readiness of the colonies to comply with his Majesty's requisitions, as well as their inability to bear any additional taxes beyond what is laid on them by their respective legislatures, is apparent from several grants of parliament, to reimburse them part of the heavy expences they were at in the late war in America. That it is the right of the British subjects of this province to petition the King, or either house of parliament. Ordered, That these votes be printed and made public, that a just sense of the liberty, and the firm sentiments of loyalty of the representatives of the people of this province, may be known to their constituents, and transmitted to posterity."
[Sidenote] The people become more violent in opposition to government.
Notwithstanding these resolutions, few of the inhabitants of Carolina, even the most sanguine, entertained the smallest hopes of a repeal; but expected, after all their struggles, that they would be obliged to submit. Indeed a very small force in the province at that time would have been sufficient to quell the tumults and insurrections of the people, and enforce obedience to legal authority. But to the imprudence of ministers, the faction in parliament, and the weakness of the civil power in America, the resistance of the colonies may be ascribed. Had the stamp-duty been laid on them without any previous notice of the resolution of parliament, it is not improbable that they would have received it as they had done other acts of the British legislature. Or had the parliament been unanimous in passing the act, and taken proper measures for carrying it into execution, there is little doubt but the colonies would have submitted to it. For however generally the people might be indisposed for admitting of that or any other tax, yet a great majority of them at this time were averse from calling in question the supreme authority of the British parliament. But a small flame, which at first is easily extinguished, when permitted to spread, has often been productive of great conflagrations. The riotous and turbulent party, encouraged by the minority in England, set the feeble power of government in America at defiance. The better sort of people mingled with the rioters, and made use of the arguments of their friends in England to inflame and exasperate them. At length, they not only agreed to adhere to their former illegal combinations for distressing and starving the English manufactures, but also to with-hold from British merchants their just debts. This they imagined would raise such commotions in Britain as could not fail to overturn the ministry, or intimidate the parliament.
[Sidenote] The merchants and manufacturers in England join in petitioning for relief.
In consequence of these disturbances and combinations in America, great evils began to be felt in England, and still greater to be feared. The temporary interruption of commercial intercourse between the mother country and the colonies was very prejudicial to both. That large body of people engaged in preparing, purchasing and sending out goods to the continent were deprived of employment, and consequently of the means of subsistence; than which nothing could be conceived more likely to excite commotions in England. The revenue suffered by the want of the export and import duties. Petitions flowed into parliament from all quarters, not only from the colonies in America, but also from the trading and manufacturing towns in Great Britain, praying for such relief as to that house might seem expedient, at a juncture so alarming. The ministers having neglected to take the proper measures to enforce their law, while the matter was easy and practicable, were now obliged to yield to the rising current, and resign their places. By the interposition of the duke of Cumberland, such a change in the administration took place as promised an alteration of measures with respect to America. Mr. Pitt, who highly disapproved of the scheme for raising a revenue from the colonies, having long been detained by indisposition from parliament, had now so much recovered as to be able to attend the house.--The history of what follows is disgraceful to Great Britain, being entirely composed of lenient concessions in favour of a rising usurpation, and of such shameful weakness and timidity in the ministry, as afterwards rendered the authority of the British parliament in America feeble and contemptible.
[Sidenote] The stamp-act repealed.
No sooner had this change in administration taken place, than all papers and petitions relative to the stamp-act, both from Great Britain and America, were ordered to be laid before the House of Commons. The house resolved itself into a committee, to consider of those papers, about the beginning of the year 1766. Leave was given to bring in a bill for repealing an act of last session of parliament, entitled, An act for granting and applying certain stamp-duties and other duties, in the British colonies and plantations in America, towards defraying the expenses of protecting and securing the same. When this bill came into parliament a warm debate ensued, and Mr. Pitt with several more members strongly urged the necessity of a repeal. He made a distinction between external and internal taxes, and denied not only the right of parliament to impose the latter on the colonies, but also the justice, equity, policy and expediency of exercising that right. Accordingly, while it was declared that the King, by and with the consent of the Lords spiritual and temporal, and Commons of Great Britain in parliament assembled, had, have, and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the crown of Great Britain, in all cases whatsoever; the stamp-act was repealed, because it appeared that the continuance of it would be attended with many inconveniences, and might be productive of consequences detrimental to the commercial interest of these kingdoms.
[Sidenote] Which proves fatal to the jurisdiction of the British parliament in America.
This concession in favour of the rising usurpation, instead of proving favourable to the commercial interests of the nation, had rather the contrary effect, and served to set the colonies in some measure free from the legislative authority of Britain. It gave such importance to the licentious party in America, and such superiority over the good and loyal subjects as had a manifest tendency to throw the colonies into a state of anarchy and confusion. It served to promote a doctrine among them subversive of all good government, which plainly implied, that the obedience of subjects was no longer due to the laws of the supreme legislature, than they in their private judgments might think them agreeable to their interest, or the particular notions which they may have framed of a free constitution. While it gave countenance and encouragement to the riotous and turbulent subjects in America, who at that time were neither an opulent nor respectable party in the colonies, it exposed the real friends of government to popular prejudice, and rendered their affections more cool, and their future endeavours in support of government more feeble and ineffectual. For after repealing the stamp-act, without any previous submission on the part of the colonies, how could it be expected that any gentleman would risque his domestic peace, his fortune, or his life, in favour of a distant government ready to desert him, and leave him subjected to all the insults and outrages of future insurgents? How could it be imagined that these colonies, that had set the power of Great Britain at defiance, and obtained what they aimed at by tumults and insurrections, would afterwards remain quiet? As they had opposed the stamp-act, assigning for reason that they were not represented in parliament, was it not evident that the same reason would extend to all other laws which the parliament might enact to bind them in times to come, or had enacted to bind them in times past? The repeal of the stamp-act upon such a principle, and in such circumstances of tumult, unquestionably served to encourage the colonies in disobedience, and to prepare their minds for asserting their independence.
[Sidenote] And gives occasion of triumph to the colonies.
When the news of the repeal of this act reached America, it afforded the colonists, as might have been expected, matter of great triumph. The most extravagant demonstrations of joy, by bonfires, illuminations and ringing of bells, were exhibited in every capital. The Carolineans sent to England for a marble statue of Mr. Pitt, and erected it in the middle of Charlestown, in grateful remembrance of the noble stand he had made in defence of their rights and liberties. Addresses were sent home to the King, acknowledging the wisdom and justice of his government in the repeal of the grievous act, and expressing their happiness that their former harmony and commercial intercourse, so beneficial to both countries, were restored. But soon after it appeared that the power of Great Britain in America had received a fatal blow, such as she would never be able to recover without the severest struggles and boldest exertions. For whatever fair professions of friendship some colonies might make, the strongest of them retained their natural aversion to monarchy, and were well disposed for undermining the civil establishments, and paving the way for their entire subversion. The British government, formerly so much revered, was now deemed oppressive and tyrannical. The little island, they said, had become jealous of their dawning power and splendour, and it behoved every one to watch her conduct with a sharp eye, and carefully guard their civil and religious liberties. Accordingly, for the future, we will find, that the more Great Britain seemed to avoid, the more the colonies seemed to seek for, grounds of quarrel; and the more the former studied to unite, by the ties of common interest, the more the latter strove to dissolve every political and commercial connection. Their minds and affections being alienated from the mother country, they next discovered an uneasiness under the restraints of legal authority. They quarrelled almost with every governor, found fault with all instructions from England which clashed with their leading passions and interests, and made use of every art for weakening the hands of civil government. Their friends in Britain had gloried that they had resisted; and now subjection of every kind was called slavery, and the spirit of disorder and disobedience which had broke out continued and prevailed. At length, even the navigation-act was deemed a yoke, which they wished to shake off, and throw their commerce open to the whole world. Several writers appeared in America in defence of what they were pleased to call their natural rights, who had a lucky talent of seasoning their compositions to the palate of the bulk of the people. Hence the seeds of disaffection which had sprung up in New England spread through the other colonies, insomuch that multitudes became infected with republican principles, and aspired after independence.--But here we shall stop for the present time, and leave the account of their farther struggles towards the accomplishment of this favourite plan to some future opportunity.