USA > New York > New York City > History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. I > Part 47
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It has been remarked, that Mr. Pitt could only act alone. The advocates for peace and the enemies of the man who had by suc- cessful war raised Great Britain to a pinnacle of glory, were toc strong for him. He accepted the title of Lord Chatham, and lost the favour of the people. Pitt richly deserved a peerage and a pension from England ; but, by accepting them, his popularity was destroyed. The hireling writers of Lord Bute took advantage
* Annual Register for 1761. Waterhouse's Junius, p. 41.
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414
'STAMP ACT.
of the circumstance, to assail and decry the patriot. Lord Chat- ham resigned.
By this brief review, the reader will see that the great Earl of Chatham had not only the motives for opposing the ministry and the stamp act, which arose from seeing his views for making the colonies a source of revenue to Great Britain thwarted, but those which chafe and move every oppositionist. He knew that the attach- ment of the colonies to England would make them useful and profit- able to Great Britain, whose interest he had at heart; and he saw the grasping and bungling methods made use of by his successors with disgust. His views were to bind the colonies to England, at the same time that he drew all possible service to his own country from them. He would have accustomed the calf to the harness, before yoking him to the plough .*
In 1698, Davenant wrote thus : " Generally speaking, our colo- nies, while they have English blood in their veins, and have rela- tions in England, and while, by trading with us, the stronger and greater they grow, the more this crown and kingdom will earn by them ; and nothing but such an arbitrary power as shall make them desperate, can bring them to rebel."t So thought Lord Chatham ; and while he would have asserted the right of the English parliament to bind the colonies by its laws, he would have so tempered those laws as to prevent resistance. The colonies were to be watched with a strict eye ; they were to be kept weak at sea ; they were not to be suffered to trade directly and upon their own account, with other countries; they were not to be permitted to set up manufactures, and to clothe as well as feed their neigh- bours, nor even to clothe themselves without assistance from Eng- land ; and thus to be made useful by their own consent, to the mother country.
By the act of 14 Geo. 2d, c. 37, the Americans were re- strained from creating banks : by that of 24 Geo. 2d, c. 53, they were prohibited from issuing bills of credit, or from post- poning the times limited for calling in such as were issued. After the peace of 1763, these regulations were rigorously enforced. New orders arrived from England for the execution of former decrees against smuggling, and for the collection of duties in specie.
Even Robertson, the historian, who has misrepresented the colo- nies in many instances, says, " we may observe a perpetual exer- tion on the part of the mother country, to enforce and extend the restraining laws, and on the part of the colonies, to elude or to obstruct their progress."
* See Boswell's Johnson. t Walshs's United States and Great Britain.
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415
, CONGRESS IN NEW YORK.
The reader has seen that in all the wars previous to 1763, the colonies had made exertions, both in men and money, beyond the expectations of England ; and the result was, an addition to the British Empire of many millions of miles, of which the colonists did not partake in the smallest degree : they delighted that power, honour, and profit, had accrued to Great Britain, by the aid of their blood and treasure. They had sheltered the defeated army of Braddock ; they had defeated the Baron Dieskau; they had re- trieved the disgrace of Abercrombie by capturing Frontignac ; they had shared the triumphs of Wolfe and Amherst. What was the return made by England ? Vituperation and oppression. Imme- diate instructions were issued by the lords of the admiralty to en- force the acts of parliament above mentioned. The ministry, by administering oaths to the officers of the navy stationed in America, obliged them to act in the meanest capacity of the custom-house collectors of revenue. Mr. Grenville avowed his purpose to raise money for the support of troops, by a duty upon foreign sugar and molasses imported into America, and by stamps upon all papers- legal and mercantile. To accomplish the first of these pur- poses, by act of parliament, in 1764, trial by jury might be withheld, and the defendant called to support his claims to property seized, at distances which would make the expense more than the value of the prize. Moreover, the act provided that he could recover neither costs nor damages, if the Judge certified that there was probable cause of seizure .*
The reader has seen how the stamp act was received in New York. By law, the stamp duty was to commence on the 1st of November. In the meantime, the Colony of Rhode Island proposed to the provincial assemblies, to collect the sense of all the colonies, and to unite in a common petition to the king and parliament.t A congress of deputies from nine of the colo- nies, met in New York, October, 1765. Before their meeting, the legislature of Massachusetts had echoed the words of James Otis, solemnly denying the right of parliament to tax the colonies; and Virginia had repeated the same. The delegates from Connecticut waited upon Lieutenant-governour Colden, and he told them that such a congress was unconstitutional, unprecedented, and unlawful, and that he should give them no countenance.
This congress elected Timothy Ruggles their president; but James Otis was the soul of the meeting. Their resolutions were similar to the sentiments I have stated, and these sentiments were embodied in a very respectfully worded address, by a com- mittee of three, two of whom were great men-Robert R. Living-
* Reverend William Gordon. Walsh. + T. Gordon.
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ston and Samuel W. Johnson. This was an address to the king .*
'The ministry had appointed, throughout the colonies, very respectable men to distribute stamps and collect the duty ; but they, either of their own will, or from finding the current too strong-> and but one voice raised-and that denouncing this imposition, resigned their offices, and renounced the task assigned them by the kingly government. James McEvers, who had been appointed the stamp distributer for New York, resigned his com- mission and papers to Lieutenant-governour Colden, who received them in the fort; but previously, in many places the effigies of those appointed to receive the stamps, had been burnt. In New Jersey, all the lawyers of the supreme court, held at Perth Amboy, assembled, and the chief justice, having proposed, the questions, Whether, if the stamps should arrive, and be placed at the City of Burlington, they would, as practitioners, agree to purchase them, for the necessary proceedings in the law? They answered, . they would not; but rather suffer their private interest to give way to publick opinion. He asked their opinion, whether, if the act took place, the duties could possibly be paid in gold and silver ? They answered, that they could not, even for one year. He asked, as the act required the governour and chief justice to superintend the distributer, whether he, the chief justice, should be obliged to take charge of the distribution of the stamps, if the governour should order him so to do ? They advised him not to comply.
A letter from one Hughes, who was commissioned to distribute the stamps in Pennsylvania, to Penn, the lieutenant-governour, has curious passages. He says, he was waited upon by Messrs. James Tilghman, lawyer ; Robert Morris, Charles Thomson, Andrew Call, John Cox, and William Richards, merchants; and William Bradford, printer ; with whom he had an altercation : they came from "a great number of people collected at the state-house, to
* The delegates were : from Massachusetts-James Otis, Oliver Partridge, Timothy Ruggles ; Rhode Island-Metcalf Bowler, Henry Ward; Connecticut- Eliaphalet Dye:, David Rowland, William Samuel Johnson ; New York-Robert R. Livingston, John Cruger, Philip Livingston, William Bayard, Leonard Lispen- ard; New Jersey-Robert Ogden. Hendrick Fisher, Jos. Burden ; Pennsylvania- John Dickenson, John Morton, George Bryan ; Delaware-Cæsar Rodney, Tho- mas Mckean ; Maryland-William Murdock, Edward Filzhman, Thomas Ringold; South Carolina, Thomas Lynch, Christopher Gadsden, John Randolph.
The amount of the resolutions entered into, were : that they, having the rights of Englishmen, no taxes could be imposed upon them without their consent ; that, from local circumstances, they could not be represented in the British house of commons; that the only representatives of the colonists, are their own assemblies; that the stamp act subverted their rights and liberties. Committees were appointed to prepare petitions to parliament, and these papers were agreed to. on the 22d of October .- See Almon's Register.
417
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OPPOSITION TO THE STAMP ACT.
request" his resignation. He objected, that two gentlemen were his sureties for performance of his commission. They required him not to put the act in execution till his majesty's further pleasure was known. "To this, I thought proper to signify some disposi- tion to comply, for fear of the mob." He mentions a conversation with Thomson, in which he told him the behaviour of the people would be considered rebellion. Hughes at length signed a paper of resignation, which satisfied the gentlemen of Philadelphia. He mentions Benjamin Shoemaker, a quaker and an alderman, endea- vouring to prohibit some drummers from exercising their vocation in the street, and their refusal to obey-telling him if he would go to the state-house, he would know who ordered them to beat their drums.
Hughes wrote to Benjamin Franklin, agent for Pennsylvania, in London, ordering his letter to be laid before parliament. " The spirit or flame of rebellion, he says, is got to a high pitch among the North Americans. By Governour Franklin's letter, (Benjamin Franklin's son,) you will see that Mr. Cox has resigned the stamp- office for New Jersey. I shall be extremely obliged to you, if it is consistent with your judgment, to recommend my son, Hugh, for Mr. Cox's successor." He says, his son is married and settled in New Jersey; and he thinks the act may be put in force in that province. Such were the tools of Great Britain in America.
Joseph Galloway wrote to Benjamin Franklin, commending Hughes's conduct ; and says, that 800 sober inhabitants were posted to prevent mischief by the mob.
Mr. Pitt declared in parliament-" It is my opinion, that this kingdom has no right to lay a tax upon the colonies. At the same time, I assert the authority of this kingdom over the colonies to be sovereign and supreme, in every circumstance of government and legislation whatever . ... Taxation is no part of the governing or legislative power. Taxes are a voluntary gift." He asserts the right of the colonies to tax themselves; but, at the same time, asserts the right of Great Britain to bind the colonies by her laws, by her regulations, and restrictions in trade, in navigation, and in manufactures. Mr. Conway said, he agreed with the gentleman. Mr. Grenville said, " I cannot understand the difference between external and internal taxation." He asserted, that the sovereign power included the power of taxation. In the course of this de- bate, Pitt said, truly, that whatever Great Britain bestowed on America, was intended, finally for the benefit of this kingdom. " I stand up for this kingdom ; I maintain that the parliament has a right to bind, to restrain, America. Our legislative power over the colonies is sovereign and supreme." He argued, that the greater of two united countries must govern the less.
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418
OPPOSITION TO THE STAMP ACT.
Mr. Pitt's speech continued on America and her strength. He said, "In a good cause, on a sound bottom, the force of this country can crush America to atoms. I know the valour of your troops- I know the skill of your officers. There is not a company of foot that has served in America, out of which you may not pick a man of sufficient knowledge and experience, to make a governour of a colony there."
Such was the opinion of Mr. Pitt! And is it to be wondered at, that worse informed people thought with contempt of the country ? After the declaration of independence, the cause of England, according to Mr. Pitt's declared opinion, was good-the power of England was exerted-but it did not crush America to atoms.
In conclusion, Mr. Pitt advises, " let the stamp act be repealed -absolutely-totally, and immediately. At the same time, let the sovereign authority of this country extend over the colonies-be asserted in as strong terms as can be devised-and be made to ex- tend to every point of legislation whatever." This advice pre- vailed in both points ; and the people of America lauded Mr. Pitt as the champion of their liberties!
Among the reasons assigned by the minority in parliament, for not repealing the stamp act, was, the unanimous testimony of the governours and other officers of the crown, that but for a delay in providing for the execution of the law, and for want of power given to them, the law might have been enforced without bloodshed. One of these crown gentlemen had written to Secretary Conway, "that if it be thought prudent to enforce their authority, the people dare not oppose a vigorous resolution on the part of Great Britain. "
The governours of the colonies, and, among others, Lieutenant- governour Colden, felt themselves bound to obey the ministry ; and when Mr. McEvers refused to receive the stamped paper, it was taken into Fort George. The stamps had arrived in one of the ships trading between New York and London, commanded by Captain Davis ; and, as the stamp officer feared to touch them, they were transferred from one of the ships of war in the harbour, where Davis had placed them for safe keeping, to the governour's house, with all due precaution.
We know that even at that early period, New York was of con- siderable importance in the eyes of the English ministry, and was looked up to, in a commercial point of view, by the neighbouring colonies. There was a military force kept up there ; it was the . head-quarters of his majesty's American army. The fort was a place of some strength; and in the harbour were several men-of- war. Opposition to the distribution of stamps, it, was known, would be made, and preparations for their security seem to have
419
RIOT IN NEW YORK.
been concerted between Lieutenant-governour Colden and the officers of the land and sea forces.
The fort had been repaired by order of Colden, ammunition ' accumulated, and guns mounted, as if to intimidate the people. Immediately after the stamped paper was landed, handbills ap- peared in the streets, threatening any one who received or delivered a stamp. On the 31st of October, the merchants had a meeting, and resolved not to import goods from England.
In the evening of that day, the people assembled, and a large party or company marched through the streets to Fort George, as if to bid defiance to the governour. . They paraded the streets, and when commanded by the magistrates to disperse, they refused; but did no mischief, and at their own time, quietly dispersed.
More handbills were put up next day, threatening vengeance on the protectors of the stamps ; and in the evening, about seven o'clock, two companies appeared, who acted as if by concert. One company proceeded to the fields, where the Park now is, (then out of town,) and they very soon erected a gallows, on which they hung an effigy-previously prepared, to represent Colden- in his hand a stamped paper-at his back, a drum-on his breast, a label-by his side they hung, with a boot in his hand, a figure to represent the devil. While this was going on in the open space, now the Park, the other company, with another figure representing Colden, seated in a chair, carried by men, preceded and. sur- rounded by others carrying lights, and attended by a great multi- tude, paraded the streets, and in this order advanced to the fort, the gates of which were shut, the sentinels placed, and the cannon on that side pointed on the town. Unfortunately for the lieuten- ant-governour, though he was safely ensconced within the ramparts, his coach-house and carriage were without the gates. The popu- lace broke in, and brought forth the chariot, upon which they fixed the chair and effigy. They then proceeded with great rapidity to the fields, about the same time that the other party were preparing to move to the fort with the gallows, its appendages and several lan- terns affixed to it. When the two parties met, silence was ordered. The order was obeyed. Proclamation was made, that no stones should be thrown, no windows broken, and no injury offered to any one. Strict attention was paid to this injunction. The multitude then repaired to the fort, and found the soldiers on the rampart. They marched to the gate-knocked, and demanded admittance. This was of course refused. They then, after showing some indig- nities to the representative of the governour, retired to the Bowling Green, still under the muzzles of the guns.
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The Green was then enclosed with wooden palisades, which the people tore down, and piling them up in the centre of the Green, kindled a fire, adding planks from the fence attached to the
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RIOT IN NEW YORK.
fort. On this pile they immolated the governour's carriage and effigies ; and soon, the coach and gallows, the effigies of man and devil, were reduced to ashes. While some attended to the bonfire, others, making a passage through the other side of the palisades- that is, up Broadway-repaired to the house lately known by the name of Vauxhall, and then in the occupation of Major James, of the royal regiment of artillery. Here, with the blind fury of intox- icated savages, they destroyed every article of this gentleman's property they could find-books, mathematical instruments-things which men in their senses would vencrate and cherish ; but the people had been exasperated by expressions he had used ; they were now wrought to madness, and showed by their excesses the danger of setting a mob in motion. On this occasion, the inhab- itants began with a degree of order to execute a preconcerted scheme of insult and defiance to a man they disliked ; their num- bers would be increased by idlers, vagabonds, blackguards, and thieves ; and their order would terminate in brutal violence.
The next day, appeared posted up, in large type: " The lieu- tenant-governour declares he will do nothing with the stamps, but leaves it to Sir Henry Moore, to do as he pleases on his arrival." " By order of his honour. Signed, GEO. BANYAR, D. C. Coun."
Sir Henry Moore was the new governour that was coming from England. In the next newspaper, appeared the following :- " The governour acquainted Judge Livingston, the mayor, Mr. Beverly Robinson, and Mr. John Stevens, this morning-being Monday, the 4th November- that he would not issue, nor suffer to be issued, any of the stamps, now in Fort George." " Signed, Robert R. Livingston, John Cruger, Beverly Robinson, John Stevens." Another notice appeared, without any signatures :- " The freemen, freeholders, and inhabitants of this city, being satisfied that the stamps are not to be issued, are determined to keep the peace of the city, at all events, except they should have other cause of complaint."
The people were not satisfied: they declared that the stamps should be delivered out of the fort, or they would take them away by force. So, after much negotiation, it was agreed that Captain Kennedy should be requested to take them on board his majesty's ship Coventry, and if he refused, that they should be delivered to the corporation. Kennedy declined receiving them; and they were delivered to the mayor and common council, and deposited in the city hall, in Wall street. It is said, that while the people were in this commotion, the cannon on Copsey Battery, and in the king's yard, were all spiked, as were also many belonging to the merchants, in order to prevent any use being made of them, for obtaining the stamps.
Thomas Gage, who had served under Amherst in the late war,
PROCEEDINGS OF THE CORPORATION. 421
and afterward became so notorious at Boston, was at this time, commander-in-chief of the king's forces in America. John Cruger had been reappointed Mayor of New York Some of the proceed- ings of the common council at this time, deserve more ample notice.
November 5th-" The board taking into serious consideration the intimation that his honour, the lieutenant-governour, was will- ing to deliver the stamped papers now in Fort George, to Captain Kennedy, or any other of the commanders of the, king's ships in harbour, and that Captain Kennedy in answer to the earnest re- quest, signified to him last night, informs that he cannot, and will not receive the stamped papers : it is therefore resolved, that it appears to this board absolutely requisite to remove the present dissatisfaction, and save the city from the most distressing con- fusion, that a committee immediately wait upon his honour, and in the most respectful manner, acquaint him of the present danger- ous state of things, and request that for the peace of the city and and the preventing of the effusion of blood, he would please to direct that the stamped papers be delivered into the care of the corporation, to be deposited in the City Hall and guarded by the city watch. And this board do further resolve and engage to make good, all such sums of money as might be raised by the des- truction of such of the said stamps, as shall be lost, destroyed, or carried away out of the province ; and the said committee having waited on his said honour, with the above said resolve, reported that his honour accepted the same, and returned for answer in the following words :
" Fort George, November 5th, 1765.
"Mr. Mayor, and Gentlemen of the Corporation .- In consequence of your earnest request, and engaging to make good all such sums as might be raised by the destruction of the stamps, sent over for the use of this province, that shall be lost, destroyed, or carried out of the province ; and in consequence of the unanimous advice of his majesty's council, and the concurrence of the commander-in-chief of the king's forces, and to prevent the effusion of blood, and the calamities of a civil war, which might insue by my withholding them from you, I now deliver to you the packages of stamped papers and parchments that were deposited in my hands, in this his majesty's fort ; and I doubt not, that you will take the charge and care of them comformable to your engagement to me.
I am, with great regard, gentlemen, your most obedt. humble servant,
CADWALLADER COLDEN."
At which time, his honour requested that the mayor would give him a receipt in the words following, (which the mayor executed, accordingly, in behalf of the corporation,) viz :
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" Received of the Honourable Cadwallader Colden, Esq., his ma- jesty's lieutenant-governour and commander-in-chief of the pro- vince of New York, seven packages containing stamped papers and parchments, all marked No. 1, James McEvers, I. M. E. New York, which I promise, in behalf of the corporation of the city of New York, to take charge and care of, and to be acounta- ble in case they shall be destroyed or carried out of the province.
Witness our hands,
John Cruger, mayor,
Witness
S L. F. Carey, major to the 60th Reg't, James Farquhar."
November, 11th .- Mr. Recorder produced to the common coun- cil an address to his excellency, Thomas Gage, Esq., major gene- ral, and commander-in-chief of all his majesty's forces in North America, congratulating him upon the restoration of this city's tranquility and freedom, from the impending evils of a civil war. Which being read and considered, was unanimously agreed to, and ordered to be presented immediately. Then follows the address in which they attribute the restoration of peace, under-God, to the prudence of General Gage, " As the destruction of the city and the effusion of blood, might at this unhappy conjuncture, have fed the spirit of discontent so prevalent in all the colonies."
Signed by Cruger, and Augustus Van Cortlandt, Clerk.
Gage, in his answer, says, " the spirit that has so lately appeared here, was raised to the most dangerous pitch, even to threaten acts of open rebellion," and recommends to the common council to en- deavour to calm the heated imaginations of the people, and to bring them back to a sense of their duty, and their wonted obedi- ence to government. These documents are exceedingly charac- teristick.
In this year the terms of Whig and Tory came into general use in the provinces. Hume tells us, that they were first employed in England, in 1680 ; and Grahame remarks, that there, and in America, they were " the harbingers of revolutions." But in New York, the popular champions of the people's rights, were distin- guished as " the sons of liberty."
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