Chapter 3

THE DISRUPTION OF THE EMPIRE, 1773-1776

When the news reached England that the people of the town of Boston had thrown the tea of the East India Company into the harbour, the patience of the North ministry, already severely strained, reached an end. Its members felt--and most of the English people felt with them--that to submit to such an act of violence was impossible. Every consideration of national dignity demanded that Boston and its rioters should be punished, and that the outrage done to the East India Company should receive atonement. Hitherto, they said, the contumacious colonists had been dealt with chiefly by arguments, reproofs, and, as it seemed to most Englishmen, with concessions and kindnesses which had won only insult and violence.

It was resolved to make an example of the delinquent community; and the first step was to humiliate its representative, Benjamin Franklin. Ever since 1765 he had been residing in England, respected as a philosopher and admired as a wit, bearing a sort of diplomatic character through his position as agent for the assemblies of Massachusetts, Pennsylvania, and Georgia. In close {52} association with the Whig opposition, he was undoubtedly the best-known American, and among the most influential. Now, in 1774, having to present a petition from Massachusetts to the Privy Council for the removal of Lieutenant-Governor Hutchinson, Franklin found it an awkward feature of the case that the colony's charges were based on private letters which he himself had in some way acquired and sent to Boston. The Court party determined to crush him, and at the hearing put forward Wedderburn, the Solicitor-General--a typical King's Friend--who passed over the subject of the petition to brand Franklin in virulent invective as a thief and scoundrel. Amidst general applause, the petition was rejected as false and scandalous, and Franklin was dismissed from his position of colonial Postmaster-General.

When Parliament met, it was instantly made clear that the sole idea controlling King, Cabinet, and the majority of Members was to bring the Massachusetts colonists to their senses by severe punitive legislation. The Whig opposition did not attempt to defend the destruction of the tea; but it spared no effort to make the Ministers see the folly of striking at effects and ignoring causes. In a masterly speech of April 19, 1774, Burke showed that the insistence on submission regardless of the grievances and of the nature {53} of the colonists was a dangerous and absurd policy, and Pownall and Chatham repeated his arguments, but without avail. The Ministerial party saw no danger, and felt nothing but the contempt of an irritated aristocracy. The original ideals of a general colonial reform were now lost sight of; the men responsible for them had all passed off the stage; Grenville, Townshend, and Halifax were dead, and North, careless and subservient to George III, Hillsborough, Suffolk, Sandwich, and Rochford--all noblemen, and in many cases inefficient--did not see beyond the problem of coercing noisy and troublesome rioters, indistinguishable from the followers of Wilkes. Over and over again they reiterated that the colonists' resentment was not to be feared, that they would submit to genuine firmness, that they were all cowardly and dared not resist a few regular troops. Lord George Germaine earned the thanks of Lord North by declaring that the colonists were only "a tumultuous and noisy rabble," men who ought to be "following their mercantile employment and not attempting to govern." Not a gleam of any other statesmanship appears in any of the Ministerial speeches than that displayed in the determination to exact complete submission.

There were passed, accordingly, by the full Ministerial majority, five measures known as {54} the Coercive Acts, or, in America, as the Five Intolerable Acts. The first one punished Boston by closing the port to all trade until the offending town should recompense the East India Company for the tea destroyed. The next altered the government of Massachusetts Bay by making the councillors appointive instead of elective, by placing the appointment and removal of all judicial officers entirely in the hands of the governor, by placing the selection of jurors in the hands of the sheriffs and prohibiting town-meetings--apart from the annual one to elect officers--without the governor's permission. A third Act authorized the transfer to England for trial of British officers charged with murder committed while in discharge of their duties. A fourth Act re-established the system of quartering troops.

The fifth Act reorganized the province of Quebec, whose government, under the Proclamation of 1763, had proved defective in several respects. The legal institutions of the new colony were not well adapted to the mixed French and British inhabitants, and the religious situation needed definition. The Quebec Act altered the government of the province by the creation of an appointive council, authorized the Catholic Church to collect tithes, and allow the French to substitute an oath of allegiance for the oath of {55} supremacy. Moreover, French civil law was permitted to exist. At the same time the boundaries of the province were extended into the region west of the mountains so as to include the lands north of the Ohio River.

With the passage of these Acts, the original causes for antagonism were superseded. The commissioners of customs might have enforced the Navigation Acts indefinitely; the objectionable Tea Act might have stood permanently on the statute-book; but, without a more tangible grievance, it is not easy to conceive of the colonists actually beginning a revolution. The time had now come when a more serious issue was raised than the right of Parliament to collect a revenue by a tariff in the colonies. If Parliament was to be allowed to crush the prosperity of a colonial seaport, to centralize a hitherto democratic government created by a royal charter, and to remove royal officers from the scope of colonial juries, it was clear that the end of all the powers and privileges wrung from royal or proprietary governors by generations of struggle was at hand. Yet the striking feature in this punitive legislation was that the North Ministry expected it to meet no resistance, although its execution, so far as the government of Massachusetts was concerned, rested on the consent of the colonists. There was, under the British {56} system, no administrative body capable of carrying out these laws, no military force except the few regiments in Boston, and no naval force beyond a few frigates and cruisers. The mere passage of the laws, according to North and to Lord Mansfield, was sufficient to bring submission.

Nothing more clearly shows the profound ignorance of the Tory Ministry than this expectation, for it was instantly disappointed. At the news of the Acts, the response from America was unanimous. Already the colonial Whigs were well organized in committees of correspondence, and now they acted not merely in Massachusetts but in every colony. The town of Boston refused to vote compensation, and was immediately closed under the terms of the Port Act. Expressions of sympathy and gifts of provisions came pouring into the doomed community; while public meetings, legislatures, political leaders and clergymen, in chorus denounced the Acts as unconstitutional, cruel, and tyrannous. The Quebec Act, extending the Catholic religion and French law into the interior valley under despotic government, was regarded as scarcely less sinister than the Regulating Act itself.

Under the efficient organization of the leaders a Continental Congress met in Philadelphia in October, 1774, to make united {57} protest. This body, comprising without exception the most influential men in the colonies, presented a clear contrast to Parliament in that every man was the representative of a community of freemen, self-governing and equal before the law. The leaders did not regard themselves in any sense as revolutionaries. They were simply delegates from the separate colonies, met to confer on their common dangers. Their action consisted in the preparation of a petition to the King, addresses to the people of England, the people of Quebec, and the people of the colonies, but not to Parliament, since they denied its right to pass any such laws as those under complaint. The Congress further drew up a declaration of rights which stated sharply the colonial claims, namely, that Parliament had no right to legislate for the internal affairs of the separate colonies. It also adopted a plan for putting commercial pressure on England by forming an Association whose members pledged themselves to consume no English products, and organize committees in every colony to enforce this boycott. The leaders in the body were destined to long careers of public prominence--such men as George Washington, Lee, and Patrick Henry of Virginia, Rutledge of South Carolina, Dickinson of Pennsylvania, Jay of New York, Samuel and John Adams of {58} Massachusetts. They differed considerably in their temper, the Massachusetts men being far more ready for drastic words and deeds than the others; but they held together admirably. If such protests as theirs could not win a hearing in England, it was hardly conceivable that any could.

Meanwhile the situation gave signs of being more explosive in reality than the respectful words of the Congress implied. In Massachusetts, the town of Boston showed no sign of submitting, and endured distress and actual starvation, although much cheered by gifts of food from all parts of the continent. The new government under the Regulating Act proved impossible to put into operation, for the popular detestation was visited in such insulting and menacing forms that the new councillors and judges dared not serve. More radical action followed. When Gage, having caused the election of a legislature, prorogued it before it had assembled, the members none the less gathered. Declaring that the Regulating Act was invalid, they elected a council, appointed a committee of safety, and named a receiver of taxes. On February 1, 1775, a second Provincial Congress was chosen by the towns, which had not even a nominal sanction by the governor. The colony was, in fact, in peaceful revolution, for Gage found himself unable to collect {59} taxes or to make his authority respected as governor beyond the range of his bayonets. Equally significant was it that in several other colonies, where the governors failed to call the legislatures, provincial congresses or conventions were spontaneously elected to supervise the situation and choose delegates to the Continental Congress.

So deep was the popular anger in Massachusetts Bay that the collection of arms and powder and the organization of militia were rapidly begun. Clearly, the Massachusetts leaders were preparing to persist to the verge of civil war. But by this time there began to be felt in the colonies a countercurrent of protest. As the situation grew darker, and men talked openly of possible separation unless the intolerable wrongs were redressed, all those whose interests or whose loyalty revolted at the idea of civil war became alarmed at the danger. Soon men of such minds began to print pamphlets, according to the fashion of the time, and to attempt to prevent the radicals from pushing the colonies into seditious courses. But the position of these conservatives was exceedingly difficult, for they were obliged to apologize for the home country at a time when every act on the part of that country indicated a complete indifference to colonial prejudices. Their arguments against {60} revolution or independence left, after all, no alternative except submission. Denounced as Tories by the hotter radicals, they found themselves at once more and more alarmed by the daring actions of the Whigs, and more detested by the excited people of their communities.

The action of the British government after these events showed no comprehension of the critical situation into which they were rushing. George III and North secured in the election of 1774 a triumphant majority of the Commons, and felt themselves beyond reach of danger at home. The arguments of the colonists, the protests of the Continental Congress, fell upon indifferent ears. Although Burke and Chatham exerted themselves with astonishing eloquence in the session of Parliament which began in November 1774, the Whig motions for conciliation were voted down by the full Ministerial majority. Petitions from merchants, who felt the pressure of the Non-importation Association, were shelved. So far as the policy of the Ministry may be described, it consisted of legislation to increase the punishment of Massachusetts Bay and extend it to other colonies, and to offer a conditional exemption from Parliamentary taxation. Both houses of Parliament declared Massachusetts Bay to be in rebellion, and voted to {61} crush all resistance. An Act was passed on March 30, to restrain the trade of New England, shutting off all colonial vessels from the fisheries, and forbidding them to trade with any country but England or Ireland. By a second Act, in April, this restriction was extended to all the colonies except New York and Georgia. The only purpose of this Act was punitive. Every step was fought by the Whig opposition, now thoroughly committed to the cause of the colonists, but their arguments had the inherent weakness of offering only a surrender to the colonists' position which the parliamentary majority was in no mood to consider. In fact it was only with great difficulty and after a stormy scene that North induced his party to vote a so-called conciliatory proposition offering to abstain from taxing any colony which should make such a fixed provision for civil and judicial officers as would satisfy Parliament.

It was only a few days after the passage of the restraining Acts by Parliament that the long-threatened civil war actually broke out in Massachusetts. General Gage, aware of the steady gathering of powder and war material by the revolutionary committee of safety, finally came to the conclusion that his position required him to break up these threatening bases of supplies. On April 19, 1775, he sent out a force of 800 men to {62} Lexington and Concord--towns a few miles from Boston--with orders to seize or destroy provisions and arms. They accomplished their purpose, after dispersing with musketry a squad of farmers at Lexington, but were hunted back to Boston by many times their number of excited "minute men," who from behind fences and at every crossroad harassed their retreat. A reinforcement of 1500 men enabled the raiding party to escape, but they lost over 800 men, and inflicted a total loss of only 90 in their flight.

Thus began the American Revolution, for the news of this day of bloody skirmishing, as it spread, started into flame the excitement of the colonial Whigs. From the other New England colonies men sprang to arms, and companies marched to Boston, where they remained in rude blockade outside the town, unprovided with artillery or military organization, but unwilling to return to their homes. From the hill-towns, a band of men surprised Fort Ticonderoga on Lake Champlain, taking the cannon for use around Boston. In every other colony militia were organized, officers chosen and arms collected, and almost everywhere, except in Quaker Pennsylvania and in proprietary Maryland, the governors and royal officials fled to the seacoast to take refuge in royal ships of war, or resigned their positions at the command {63} of crowds of armed "minute men." Conventions and congresses, summoned by committees of safety, were elected by the Whigs and assumed control of the colonies, following the example of Massachusetts. The British colonial government, in short, crumbled to nothing in the spring of 1775. Only Gage's force of a few regiments, shut up in Boston, and a few naval vessels, represented the authority of England in America.

Again there met a Continental Congress at Philadelphia, whose duty it was to unify colonial action and to give the colonial answer to the late parliamentary acts. Once more the ablest men of the colonies were present, now gravely perturbed over the situation, and divided into two camps. On the one hand, most of the New Englanders, led by Samuel Adams and John Adams, his cousin, felt that the time for parley was at an end, that nothing was to be hoped for from the North Ministry, and that the only reasonable step was to declare independence. Others still hoped that George III would realize the extent of the crisis and be moved to concessions, while yet others, who hoped little, thought that one more effort should be made to avoid revolution. But none dreamed of surrender. Of the growing number of Americans who recoiled in horror from {64} the possibility of independence, and were beginning to show their dread in every way, not one was in this body. It represented only the radicals in the several colonies.

The Congress has been charged with inconsistency, for some of its measures were impelled by the most radical members, others by the conservatives. On the one hand, it declined to adopt a form of federation suggested by Franklin, and authorized Dickinson to draw up a final, respectful, almost obsequious petition to the King to avoid war--a document called the "Olive Branch"; but, on the other hand, it appointed Washington to command the troops near Boston as a Continental commander, adopted a report censuring the conciliatory proposition in bold language, and issued an address justifying with extravagant rhetoric the taking up of arms. Still more daring, it went so far as to arrange to pay the so-called "Continental army" by means of bills of credit, redeemable by the united colonies. Later, in 1775, it appointed a secret committee to correspond with friends abroad, and undertook extensive measures for raising troops and accumulating military stores. To the revolted colonies, who found themselves with no legal authorities, it gave the advice to form such governments as would secure peace and good order during the continuance {65} of the existing dispute, a step which was promptly taken by several.

Fighting meanwhile went on. General Gage, on June 17, undertook to drive from Charlestown, across the harbour from Boston, a body of about 1,500 provincial troops who had intrenched themselves on Breed's Hill. In all, about 3,000 British were brought to the attack, while gunboats raked the peninsula between Charlestown and the mainland, hindering the arrival of reinforcements. With true British contempt for their adversaries, the lines of red-uniformed troops marched under the hot sun up the hill, to be met with a merciless fire at short range from the rifles, muskets, and fowling pieces of the defenders. Two frontal attacks were thus repelled with murderous slaughter; but a third attack, delivered over the same ground, was pushed home, and the defenders were driven from their redoubt. Never was a victory more handsomely won or more dearly bought. The assailants lost not less than 1,000 out of 3,000 engaged, including 92 officers. The Americans lost only 450, but that was almost as large a proportion. It was obvious to any intelligent officer that the Americans might have been cut off from behind and compelled to surrender without being attacked; but Gage and his subordinates were anxious to teach the rebels a lesson. The {66} result of this action, known in history as "Bunker Hill," was to render him and nearly all the officers who served against Americans unwilling ever again to storm intrenchments. They discovered that, as Putnam, who commanded part of the forces, observed, the militia would fight well if their legs were covered. They were later to discover the converse, that with no protection militia were almost useless.

From this time the British force remained quietly in Boston, fed and supplied from England at immense cost, and making no effort to attack the miscellaneous levies which General Washington undertook to form into an army during the summer and autumn. Nothing but the inaction of the British made it possible for Washington's command to remain, for they lacked powder, bayonets, horses and, most serious of all, they lacked all military conceptions. The elementary idea of obedience was inconceivable to them. Washington's irritation over the perfectly unconcerned democracy of the New Englanders was extreme; but he showed a wonderful patience and tenacity, and by sheer persistence began to create something like a military organization. Yet, even after months of drill and work the army remained little more than an armed mob. At length, in March, 1776, Washington managed to {67} place a force on Dorchester heights, which commanded the harbour from the south. At first Gage had some idea of attacking, but storms intervened; and finally, without another blow, he evacuated the city and sailed with all his force to Halifax. So ended a siege which ought never to have lasted a month had the British generals been seriously minded to break it up.

Other military events consisted of a few skirmishes in Virginia and North Carolina, where the governors managed to raise small forces of loyalists, who were thoroughly defeated by the Whig militia, and of a gallant but hopeless attempt by the rebels to capture Canada. After some futile efforts on the part of Congress to induce the French to revolt, two bodies of men, in the autumn of 1775, made their way across the border. One, entering Canada by way of Lake Champlain, occupied Montreal, and then advanced against Quebec, where it was joined by the other, which, with great hardships, had penetrated through the wilderness of northern Maine. The commanders, Richard Montgomery, Benedict Arnold, and Daniel Morgan of Virginia, were men of daring, but their force, numbering not more than 1,000, was inadequate; and, after the failure of an effort to carry the place by surprise on the night of December 31--in which Montgomery was {68} killed and Morgan captured--they were unable to do more than maintain a blockade outside the fortress.

The action of the North Ministry during these months showed no deviation from its policy of enforcing submission. The Olive Branch petition was refused a reception, and a proclamation was issued declaring the colonies in rebellion and warning all subjects against traitorous correspondence. When Parliament met in November, 1775, the opposition, led as usual by Burke, made one more effort to avoid civil war; but the Ministerial party rejected all proposals for conciliation, and devoted itself to preparing to crush the rebellion. On December 22, an Act became law which, if enforced, would have been a sentence of death to all colonial economic life. It superseded the Boston Port Act and the restraining Acts, absolutely prohibited all commerce with the revolted colonies, and authorized the impressment into the navy of all seamen found on vessels captured under the Act.

Military and naval preparations were slow and costly. The Admiralty and War Office, unprepared for a general war, had insufficient troops and sailors, and had to collect or create supplies and equipment. The Earl of Sandwich showed activity but slight capacity as First Lord of the Admiralty. Viscount {69} Barrington had been Secretary at War under Pitt during the French war, but he lacked force and influence. Hence, although Parliament voted 50,000 troops, there was confusion and delay. To secure a prompt supply of men, the Ministry took the step of hiring German mercenaries from the lesser Rhine princes--Hesse, Waldeck, and others,--at a rate per head with a fixed sum for deaths. This practice was customary in wars when England was obliged to protect Hanover from the French; but to use the same method against their own kindred in America was looked upon with aversion by many English, and aroused ungovernable indignation in all Americans. It seemed to show a callousness toward all ties of blood and speech which rendered any hope of reconciliation futile. The war was not, in fact, popular in England. The task of conquering rebels was not relished by many, and officers and noblemen of Whig connections in some cases resigned their commissions rather than serve. The parliamentary opposition denounced the war with fiery zeal as an iniquity and a scandal. Nevertheless, the general opinion in England supported the Ministry in its determination to assert the national strength; for the colonial behaviour seemed to the average Englishman as nothing more or less than impudent sedition, to yield to which would be disgrace.

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To the Americans, the British action in 1776 showed that the only alternatives were submission or fighting; and, if the latter must be chosen, then it was the feeling of a growing number that independence was the only outcome. There now went on a contest between conservatives, including on one side those who opposed all civil war, those who were willing to fight to defend rights but who were unwilling to abandon hopes of forcing England to surrender its claims, and those whose businesses and connections were closely interwoven with the mother country and all the radicals on the other. Unfortunately for the conservatives they had only fear, or sentiment, for arguments, since the North Ministry gave them nothing to urge upon doubtful men. Still more unfortunately, they were, as a rule, outside the revolutionary organizations of conventions and committees, and were themselves without means of co-operating.

In the excitement and tension of the time, the ruder and rougher classes tended to regard all reluctance to join in the revolution as equivalent to upholding the North policy, and to attack as Tories all who did not heartily support the revolutionary cause. Violence and intimidation rapidly made themselves felt. Loyalists were threatened, forced by mobs to sign the Association; their houses {71} were defiled, their movements watched. Then [Transcriber's note: Their?] arms were taken from them, and if they showed anger or temper they were occasionally whipped or even tarred and feathered. In this way a determined minority backed by the poorer and rougher classes, overrode all opposition and swelled a rising cry for independence.

The Congress was slow, for it felt the need of unanimity; and such colonies as New York and Pennsylvania were controlled by moderates. But at length, in June, 1776, spurred on by the Virginia delegates and by the tireless urgings of the Massachusetts leaders, the body acted. Already some of the colonies had adopted constitutions whose language indicated their independence. Now the Continental Congress, after a final debate, adopted a Declaration of Independence, drafted by Jefferson of Virginia and supported by the eloquence of John Adams and the influence of Franklin. Basing their position on the doctrines of the natural right of men to exercise full self-government and to change their form of government when it became oppressive, the colonies, in this famous document, imitated the English Declaration of Rights of 1689 in drawing up a bill of indictment against George III's government. In this can be discovered every cause of resentment and every variety of {72} complaint which the thirteen colonies were ready to put forward. Practically all were political. There were allusions in plenty to the wrangles between governors and assemblies, denunciations of the parliamentary taxes and the coercing Acts, but no reference to the Acts of Trade. To the end, the colonists, even in the act of declaring independence, found their grievances in the field of government and not in economic regulation. What they wanted was the unrestricted power to legislate for themselves and to tax or refrain from taxing themselves. When these powers were diminished, their whole political ideal was ruined, and they preferred independence to what they considered servitude. Such ideas were beyond the comprehension of most Englishmen, to whom the whole thing was plain disloyalty, however cloaked in specious words and glittering generalities.

It has been said that the rupture was due to a spirit of independence in America which, in spite of all disclaimers, was determined to be entirely free from the mother country. Such was the assertion of the Tories and officials of the time, and the same idea is not infrequently repeated at the present day. But the truth is that the colonists would have been contented to remain indefinitely in union with England, subjects of the British {73} crown, sharers of the British commercial empire, provided they could have been sure of complete local self-government. The independence they demanded was far less than that now enjoyed by the great colonial unions of Canada, Australia, and South Africa. It may be assumed, of course, that unless Parliament exercised complete authority over internal as well as external matters--to employ the then customary distinction--there was no real imperial bond. Such was the position unanimously taken by the North Ministry and the Tories in 1776. But in view of the subsequent history of the English colonies it seems hardly deniable that some relationship similar to the existing colonial one might have been perpetuated had the Whig policy advocated by Burke been adopted, and the right of Parliament "to bind the colonies in all cases whatsoever" been allowed to drop, in practice. The obstinate localism of the colonies was such that not until a generation after the Revolution did a genuine American national sentiment appear. The colonies were driven to act together in 1774-1776, but not to fuse, by a danger not to national but to local independence. This fact indicates how sharply defined was the field which the Americans insisted on having free from parliamentary invasion. Had it been possible for England {74} to recognize this fact, there would have been no revolution.

It is, of course, obvious that the traditional American view of the Revolution as caused by tyranny and oppression is symbolical, if not fictitious. The British government, in all its measures, from 1763 to 1774, was moderate, hesitating, and at worst irritating. Its action threatened to destroy the practical independence of the colonial assemblies; but the danger was political. Even the five "intolerable Acts" inflicted hardship on the town of Boston alone. It was not until the year 1775, when Parliament imposed severe commercial restrictions, that anything resembling actual oppression began; but by that time the colonies were in open revolt.

This fact only emphasizes, as Burke pointed out, the criminal folly of the North Ministry in allowing the situation to become dangerous. It was the misfortune of the British people in the eighteenth century that, in the critical years after 1767, George III and his Ministers were unable to conceive of any value in colonies which were not in the full sense dependencies, and were narrowly limited by the economic ideas of their time and the social conventions of their class. Since the colonies had developed, unchecked, their own political life under British government, it was not their duty humbly to {75} surrender all that had come to be identical with liberty in their eyes. It was the duty of British statesmen to recognize the situation and deal with it. This they failed to do, and the result was revolution.

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