USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 17
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There was some just cause, at this period, to fear, that the British ministry cherished designs of governing the colonies, and of raising a revenue, without asking the consent of the assemblies ; and of exercising all the great attributes of author- ity, which would be placing the province altogether in a de- pendent and very degraded state. Indications of this kind appeared in several plans suggested by the ministry, and the agent of the province expressed his fears, that this was in con- templation. The intelligent men in Massachusetts were alarmed at these appearances, especially when the doctrine of the king's prerogative and of the supremacy of parliament found many advocates in the province. In a wish to guard their rights, they sometimes gave way to unreasonable jealousies ; and sometimes asserted and claimed more power than the char- ter granted them. They perceived, however, as they believed, that the subjects in England had greater privileges, in some material points, than they had; particularly, as the people there were represented in the house of commons, where all taxes and duties were ordered, and all grants of money were made. The only security for the rights of the colonists, they said, was in the house of assembly having similar authority in the province ; and every deviation from this principle, in any form, was opposed, as inconsistent with the rights of English- men, and as an exercise of arbitrary power.
In 1763, a committee was chosen to prepare a statement of the population, trade, and resources of the province. The statement which was made soon after, gave 245,000 inhabitants, 5000 of which were people of color. The manufactories were
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few. The cod fishery gave employment to 300 vessels; 100 in the mackerel fishery ; and about 180 in the whale business, most of which then visited the northern latitudes. In these several pursuits, 6000 men found employment. A large num- ber were also engaged in foreign voyages, for transporting fish and lumber, and bringing, in return, the products of the Western Islands, and wine and spirit from Spain and Portugal, and the manufactures of England.
CHAPTER XI.
British propose to raise a revenue in the Colonies-Sugar act-Opposed- Resolves as to right of Taxing-Otis' Pamphlet-Its doctrines-Views of British Ministry-Petition to Parliament-Difference on its tenor- Letter to Agent-Answer to Governor's speech-Opinions of Trade- Representatives in Parliament from Colonies proposed-Stamp Act- Convention at New York-Riots and Mobs at Stamp Office, and else- where-Opinions on public rights and duties of Governor and Represent- atives-Stamps sent into Province-Distributor of them resigns-House declines to interfere.
' IN the winter of 1764, the British ministry brought forward in parliament a plan for raising a revenue in the American col- onies. A high duty was laid on molasses, a principal article of trade with the West Indies, and which was manufactured in large quantities into sugar and rum, in Massachusetts. A bill laying duties on writs, deeds, and other public papers, was introduced, but postponed. The act for a duty on molasses was passed, and .the duty fixed at threepence on a gallon. There had long been a similar act of parliament ; but the duty was so high (being sixpence ) that it would have operated as a prohibition, had it been rigidly exacted. But this dispropor- tionate and extravagant duty served only the purpose of evasion and smuggling. The article was imported, but the law was not enforced ; so that when a duty of threepence was imposed by the act of 1764, and a provision made for a rigid enforcement, the people complained of the measure as very oppressive. It was also matter of complaint, that the province had no notice of the bill till it had passed into a law, and therefore no oppor- tunity to state their objections to it. The bill for stamp duties was postponed merely on condition, that the colonies might have the privilege of taxing themselves for the benefit of the parent state ; the alternative being to lay such tax in their own way, or submit to such tax as parliament might direct.
These measures of the British administration produced a great sensation in Massachusetts; and awakened the zeal of the patriots to prevent the operation of the proposed system. Fresh instructions were given to the agent in England, to
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remonstrate against the law which had been passed, and to pre- vail on ministers to withdraw the one which had been of- fered and postponed. They prayed the governor to inter- cede for theni with the king ; they addressed protests and peti- tions to the ministry ; made statements of their past services and expenses in defence of the British territories, and of the great debt of the province ;* and passed resolutions, expressive of their views of the political powers of the province, and of the exclusive right of the general assembly to lay taxes of every kind on the people, as well as to direct to what purposes they should be applied.
In these patriotic measures to resist the encroachments of arbitrary power, the citizens of Boston seem to liave been tlie first. They instructed their representativest in May, 1764, " to use their utmost influence to maintain the rights and privileges of the province, as well those which we derive from the charter as those which, being prior to and independent of it, we hold as free born subjects of Great Britain; to preserve the indepen- dence of the house of representatives, which is necessary for a free people ; to use their influence for a law to render the judges and all officers of the crown ineligible to seats in the house or council ; to prevent, if possible, new and heavy duties on trade ; for if one trade may be taxed (say they) why not our land, without consent of the representatives ; as all taxes ought to be laid by them ; especially to insist on this, as otherwise we shall be no better than slaves." At the same time, how- ever, they expressly acknowledged a subordination to the gov- ernment of Great Britain.
These doctrines and principles were approved by the house of assembly in June, 1764 ; and its approbation was also given, at the same time, to a pamphlet, then just published, written by James Otis; in which those doctrines were asserted and advocated with equal zeal and ability. These opinions and principles, the house adopted as their own, by ordering copies to be sent to their agent in England, and instructing him to consider them as his guide. This was the act of the house of representatives, without consulting the council, which had gen- erally joined with them in similar measures. In the letter to the agent they said, " we consider this act, not merely to reg- ulate trade, but to raise a revenue, and learn that other mea-
" The public tax for 1764, chiefly for paying off the debt incurred from 1755 to 1762, (which was nearly £1,000,000,) was £138,000.
't The Boston representatives, for 1704, were James Otis, Orenbridge Thacher, Thomas Cushing, and Thomas Gray. Richard Dana and Samuel Adams were two of the committee which prepared the instructions.
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sures for the same purpose are proposed; and we cannot but express our concern on the occasion. We are empowered by our charter to raise money for the support of our government. If duties and taxes are laid on us by parliament, in one instance, what assurance have we, that they will not be so multiplied as to render this privilege of no importance ? We have the right, by charter, to tax ourselves ; but so far as parliament shall lay taxes, so far they will deprive us of this right." They did not, indeed, instruct him expressly to deny the right of parliament to tax them ; for, at that time, they were not prepared for such a declaration, from want of resolution, or of a settled opinion on the subject. But such was the tendency and tenor of their remarks ; for they asserted, that it was a fundamental principle of the British constitution, " that the subject could not be taxed without the consent of his representative ; and the province was not represented in parliament, which had, or was about to, lay taxes on its inhabitants ; " and they added, " that they should be reduced to slavery, if the British government, in which they had no voice, might tax them at its pleasure." They also stated the oppressions and evils growing out of the restrictions on trade; but admitted that these might possibly be borne, as it was a regulation of their pursuits abroad, and only served to impede their prosperity or wealth; and though, indeed, they complained of this, it was a small evil compared to that of being denied the privilege and right of raising such taxes and in such way, as they might prefer. This they considered the only barrier for British liberty, and against endless oppressions.
These opinions were more fully stated and urged in the pamphlet written by Mr. Otis, and were in some measure an abstract of his views on the subject. He rather admitted than denied the supreme authority of parliament over the whole em- pire, of which the colonies were a part-and yet asserted, that parliament was bound by a regard to great constitutional princi- ples, recognised in the revolution in England, of 1688-but that it could not be allowed to be arbitrary, and should be guid- ed by fixed and settled doctrines-that it could not take the property of the people without the consent of their representa- tives, or allowing an equivalent, and could not transfer its pow- ers to others-whence it followed, that the parliament of Eng- land could not legislate for the people in the colonies, which were not represented in that body ; and especially ought not to lay taxes on them ; that its acts for raising a revenue from the colonies, whether by direct taxation, or in the way of imposts, were oppressive and unjust-oppressive, as the province needed all its resources for the discharge of its separate debt, and the
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support of its government ; and unjust for the reason before given, that it was a tax, in laying which their representatives had no voice. Much was urged in the pamphlet, by way of illustration of the injustice of the proposed system of taxation ; and the opinions of Locke were quoted to fortify the arguments of the writer. The supremacy of parliament seems to be admitted ; but a distinction was set up, in favor of the power of the subordinate legislature in the province, to tax the people in all cases, and for the purposes of internal police ; consenting, how- ever, that great national concerns should be under the exclusive direction of the parent state.
The plan of the British ministry, at this time, which was distinctly avowed to be, to raise a revenue from the colonies, for the payment of the national debt of England, was indeed opposed from principle, as it was deemed contrary to the rights of Englishimen, and to the great principles of the British consti- tution, as recognised in 1788; but the opposition probably was the more decided and explicit, as the money to be raised in America by the laws of parliament, where no representatives of the interests and feelings of the colonists could be heard, was to be applied solely to reduce the debt of England, or to sup- port officers of the crown; and such laws were also to be enforced by regular British troops. To such a system, no won- der that the people of Massachusetts, long accustomed to liberty and self-government, were most resolutely opposed. They saw a foreign legislature claiming the right to tax them, and an armed force to execute the odious law which seized on their property, without their consent-and this tax was to be applied to sup- port the agents of tyranny ; mercenary soldiers, and petty offi- cers, appointed to collect the taxes !
There was an attempt, also, by Mr. Otis, in his pamphlet, and the committee who prepared the letter to the agent of the province in England, to convince the ministry and parliament of the inexpediency and impolicy of the proposed system. The sufferings and hardships, the dangers and expenses of the first settlers of the province, their exertions for their own defence for more than a hundred years, without aid from England, the efforts made for ten years then last past, for the honor and wel- fare of the British empire, and the check to the wealth and prosperity of the colonies, by the plan intended-were all stated, in the hope that the ministry would abandon their purpose, for the sake of the growth of the province, and from feelings of justice, even if they had the right to enforce it.
At this session, in June, 1764, the house of representatives chose a committee to write to the other colonies, informing them
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what measures they had adopted, and what statements they had made to the agent in England ; and soliciting their concur- rence in the great object, which all must have in view, by giv- ing similar directions to their agents, to be presented to parlia- ment or the ministry.
The governor was too politic to interfere with these proceed- ings, any further than to prorogue the general court to a distant day ; and he did not call them together till some of his political friends advised him to do it. But he and the lieutenant governor wrote to the ministry in England, that the opposition to their plan of raising a revenue was owing to a few disappointed indi- viduals ; and yet at the same time presented a different view of the state of the popular feeling, by expressing a belief that the military might be necessary to carry the system into full effect ; but whether a land or naval foice, they did not at that time decide. The lieutenant governor also, soon after, and before the next session of the general court, wrote to his political friends, that the plan was impolitic, and would probably serve to injure the tradle of the province, even that branch of it, which led to commercial intercourse with England.
The general court was prorogued by the governor to July, and postponed, by several proclamations, to the month of Octo- ber. It was the general belief, that this measure was designed to give opportunity for more deliberate councils, and more moderate feelings, than were manifested by the proceedings in June. The friends of the ministry were unwilling to admit, that the opinions and doctrines of Mr. Otis, and of some others in the house, were agreeable to the citizens of the province, generally. They deemed those doctrines little short of treason, and highly 9, igerous to the peace of the colonies ; and they hoped that tes, event would prove they were true prophets. It was not to be supposed, as they had said, that the province would set itself in array against the royal will, as made known by the ministers, or the authority of parliament, to make laws binding them even in all cases whatever. The wisdom of British ruleis, they concluded, would be considered infallible, and their power irresistible. But the people were not prepared to acknowledge such doctrines, nor to admit such a conclusion. The principles of their fathers would lead them to subscribe to no such political creed. The conduct of the crown officers, especially those in the customs, and the disposition of the gov- ernor and the chief justice to support them in their proceedings, served to awaken the fears of the people, and to direct their inquiries to the tendency of measures adopted by the British ministry. 'The long period of the adjournment of the legisla-
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ture was not lost. The people had time to form their opin- ions ; and the representatives, to learn the views of their con- stituents.
Some of the leading members of the general court, who op- posed the policy of the British administration, were charged with being influenced by selfish and personal considerations. But there could not have been any just foundation for the charge. For the expression of the opinion of the people gave evidence, that the patriots were not contending for speculative tenets, nor declaiming against imaginary evils. And where success was almost hopeless, it could not justly be concluded, that their professions were insincere, or their efforts the fruit of mere ambition.
When the general court met, in October, the governor avoided touching on the measures of the ministry, or of the proceedings of the house at the former session. He merely advised to moderation, and to harmony between the two branches. The representatives, however, were prepared to follow up their opposition to the policy of the British adminis- tration, and resolved to omit no efforts to preserve the liberties they had before enjoyed, and to which they contended they were entitled by their charter and by virtue of their birthright. They had found the tone of public feeling to be such, as to incite to perseverance rather than to retract aught of former declarations and claims. A large committee was chosen, to prepare a memorial to the king, before whom they wished directly to lay their grievances and fears, in the hope that his royal favor might be exercised in their behalf. In this paper, they spoke decidedly, though most respectfully of their rights, and at the same time declared their loyalty tothis person and crown. Another consideration, probably, led „this course, as they had always acknowledged allegiance to the crown; but were reluctant to apply to parliament, whose right to make laws for then, they were not willing so fully to admit. But they wished for the voice of the council, also, in the measure, and, therefore, sent the petition to that body for its concurrence. The council objected to the tone and language of the address, and proposed, also, that if any memorial was sent, it should be addressed to the house of commons. This caused delay, and a conference was agreed, by a committee from each branch. A difference of opinion still prevailed between the committee of the house and of the council. The original paper, as it passed the house, claimed the right of laying all taxes and du- ties on the province, and by implication, at least, denied the right of parliament to impose them. The majority of the com-
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mittee of the council was opposed to taking this high ground ; and proposed to speak of it as a privilege or favor to be allowed to impose taxes, and not as a right. The committee of the house insisted upon the original term. The council would not consent; and a compromise was finally made, by which the term liberties was substituted, in one place, for rights, and in another, privileges was inserted ; so that the prayer of the pe- tition was, " that the liberties and privileges of the province, relative to internal taxes, might be continued."
In this petition, the general court referred to the high duty laid on sugar and molasses, large quantities of which were im- ported from the West India Islands, in return for fish and lum- ber, which was the chief trade of the province, and which en- abled them to purchase the manufactures of England ; and they complained of the establishment of courts of admiralty in the colonies, and of the provisions of the act, which gave great power to the custom-house officers, encouraged spies and in- formers, authorized trials in a distant province, and denied redress to the defendant, even on proving his innocence. But the principal objection was, that the right or privilege always . enjoyed, was taken away,-that of their representatives de- ciding freely, both of the way and manner of raising internal taxes, of the ability of the people to pay, and the purposes to which the money should be applied. They also stated, that their taxes were high, owing to the great debt of the province. And as parliament claimed the right to tax the province, be- cause the province had a right to protection from the parent state, they showed, that the people of Massachusetts had always defended themselves, only having aid from England against a common enemy, the French, when the nation made war for its own purposes, and objects. In truth, there was no promise of protection, on the one part, nor claim to it, on the other, authorized by the charter .*
In their letter to the agent, at the same time, the general court said, they had touched upon their rights in such a man- ner, as that no inference could be drawn, that they had either given them up, or had set up in opposition to parliament, or de- nied that they were bound by acts of parliament ; and yet, they added, "in a letter to you, we may be more explicit,-a right
So 'far were the people in Massachusetts from claiming protection from England. (and they probably would have done it, if they had the right to demand it,) that when it was proposed, at an early day, to ask for aid as a favor, they declined it, because it might be construed, by the parent gov- ernment, as leaning on thein, and looking to them for assistance; and would have an injurious effect on their right to self-government.
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the people of the province undoubtedly have, by charter, to tax themselves; and so far as parliament shall lay taxes on us, so far will they deprive us of this right. If the first settlers of the colony had not supposed they were as secure in the enjoy- ment of this right as to the title to their lands, they would never have left England and settled in America."
Although the governor prudently avoided giving his opinion on the subjects, which had excited so general and deep an interest through the province, the house chose a committee, in which the council, as was usual in such cases, joined theni, to answer his speech, and to express their views as to the great question, which then agitated the public mind .*
Similar opinions were advanced in this paper as in the letter to the agent, and in the memorial to the house of commons. They said they would seize the occasion to express their senti- ments, on a subject of the last importance to the province. Acknowledging their duty to submit to the act of parliament for raising a revenue in the province, until it was repealed, they objected, " that it affected their civil rights and their commer- cial interests,-the former, inasmuch as it deprived them of a trial by jury, in case of seizures, for alleged violations of the law ; and as the judge and officers of the admiralty court were interested in the event of the suit ; and the latter, by the high duties, and severe penalties provided." They attempted, also, to show the injury to their trade with England, as well as with foreign ports, by the restrictions imposed. And they requested the governor to use his influence with the British ministry to repeal the oppressive act.
At this session, a joint committee was appointed, to make a statement of the expenses incurred by the province in preced- ing periods, which was accordingly prepared; and at the close they observe, "that the province has had its full share of the burdens of the British empire; that, by its representatives, it has submitted to the heaviest taxes; that it was greatly ex- hausted by past exertions, and that it would be very difficult to clear the great load of debt remaining, if the trade were left to its natural course, and no new burdens laid on them by Eng- land : that if the act was enforced it would so impoverish the people, and drain off the specie, that a general bankruptcy, both public and private, must ensue."
The opinions advanced, and the rights claimed and asserted in these public papers, cannot excite any surprise in the minds of those who have noticed the declarations and conduct of the
* Mr. Bowdoin was chairman of the committee who reported this answer.
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people of Massachusetts, for several preceding generations, and even from the earliest period of its settlement. They were but new expressions of the sentiments of the colony, on former occasions, when their rights were invaded, or their authority to make laws for their own government was called in question. Saving always their allegiance to the king, as would be done if they had lived in England, they asserted the right, derived both from nature and their charter, to make laws and assess taxes for themselves, or by their fellows, chosen expressly for the purpose ; and, therefore, remonstrated against all interfering and controlling authority in these respects. This they invaria- bly did. They expressly refused submission to the commis- sioners of Charles Il. ; and this was but an expression of their general principles ; and when called on for troops, by the agents and officers of the British government, from time to time, they debated the propriety of the call; and sometimes declined to comply, and sometimes to furnish only a part of what was required.
As one objection to the right of parliament in laying taxes on the people in the province, and legislating for them in other respects, was that the province was not represented in that body, it was a plan of some individuals, of whom Mr. Otis, at first, was one, to have members from the colonies to sit in the British house of commons. The ministry was inclined to favor the measure; but it was soon after perceived, that the repre- sentatives would be so small, that it would be of no benefit, and it was never formally discussed in parliament.
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