USA > Pennsylvania > The history of Pennsylvania : from its discovery by Europeans, to the Declaration of Independence in 1776 > Part 38
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A more favourable occasion seemed now to present itself. The war which had grown out of American interests had been honourably terminated, and the colonies were protected for ever against French aggression. Gratitude, it was suppos-
* Burke's speech, 19th April, 1774 + Marshall
5.1
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ed, would still the murmurs which avarice might be disposed to utter, and the provinces would cheerfully repay the care of a fostering mother. Nor would these anticipations have proven erroneous had the designs of the ministry threatened no other consequence than a single pecuniary burden on the people.
Towards the end of the year 1763, Mr. Grenville convened - the colonial agents then in London, and communicated his purpose of drawing a revenue from America, by means of a stamp duty to be levied by act of parliament. He directed them to communicate this intelligence to their respective as- semblies, in order that if any other duty, equally productive, would be more agreeable, he might be informed of it by their answers. The view which was taken of this subject in Penn- sylvania was that taken by all the provinces.
The colonies were considered as integral governments, of which the crown was the head; having exclusive political power within their respective territories, except in cases in- volving the general interests of the empire, in which, from principles of convenience and necessity, they admitted the supremacy of the British parliament. On these principles they had submitted to the general regulations of commerce, however restrictive of their exertions at home and abroad; and even where the letter of the law weighed heavily on their natural rights, murmurs were seldom heard, as such acts were not rigidly enforced. The mode of drawing aids from the colonists accorded with the principles of their governments. The sovereign having well considered the occasion in his privy council, directed his secretary of state to apply to each colony through its governor, to grant him such sums as should be suitable to its ability. And as the colonies had always made liberal grants on such requisitions, the proposition to tax them in parliament, was cruel and unjust. By the con- stitution, therefore, their business in matters of aid was with the king alone; they had no connexion with any financier, nor were the provincial agents the proper persons through whom requisitions should be made. For these reasons, it was improper for the province to make propositions to Mr. Gren-
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ville in relation to taxes, especially as the notice he had sent did not appear to have been by the king's order, "and was perhaps without his knowledge .* "
These reflections certainly did not proceed from a desire to avoid contribution in relief of the public wants. The assem- bly of Pennsylvania declared, " that as they always had, so they always should, think it their duty to grant aid to the crown, according to their abilities, when required in the usual constitutional manner." Like votes were passed by other colonies, copies of which were presented to Mr. Grenville, and an opportunity was thus offered him to raise, by consti- tutional means, more than a compulsory tax would produce. But the minister had resolved on measures which should leave no doubt of the absolute supremacy of parliament over her provinces, and which would open the way for its unre- strained exercise.
When forming his plan of American taxation, Mr. Gren- ville certainly did not apprehend all its consequences. But, aware that it would be opposed, he was desirous to try an old measure under a new aspect, and proposed in distinct terms, to raise a revenue by taxes on colonial imports. But this measure, sufficiently obnoxious in itself, was accompanied by a resolve of parliament, that "it may be proper to charge certain stamp duties in the colonies." The act of parliament based on the first proposition was extremely onerous to the American trade, the duties thereby imposed amounting almost to a prohibition of commercial intercourse with the French and Spanish colonies. It is true, this trade, previous to the passage of the act of which we now speak, was unlawful, but it was connived at, and was highly profitable, furnishing to the provinces gold and silver for their remittances to Eng- land. But Mr. Grenville, in his care to prevent smuggling, would not stay to consider the difference between an advan- tageous trade in the western hemisphere, and the illicit com- merce on the British coast. Converting naval officers into officers of the customs, he nearly destroyed the whole colo-
Votes. Franklin's lett. March 8, 1770.
.
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nial trade with the Spanish and French islands. The pream- ble to the new impost law, declaring it to be just and neces- sary that a revenue should be raised in America, and the resolution to follow it up with a stamp act, gave an unequivo- cal and odious character to that law, and sent it forth to the colonies as a pioneer of a system of boundless oppression, which the provincialists were not less slow to discover, by reason of their commercial difficulties growing out of the treasury restrictions.
The revenue act became still more unpopular by the means used to enforce it. The penalties for breach of its provi- sions were made recoverable in the courts of admiralty, without the intervention of a jury, before judges dependent on the crown, and drawing their salaries from forfeitures ad- judged by themselves. The duties were required to be paid in gold and silver, now scarce attainable, and consequently the paper currency, more than ever necessary, was rejected and depreciated.
The impression made by these measures on the public mind was uniform throughout America. The legislature of Massachusetts, whose population, essentially commercial, felt most severely the late restrictions, was the first to notice them. That body resolved, "that the act of parliament re- lating to the sugar trade with foreign colonies, and the reso- lutions of the house of commons in regard to stamp duties, and other taxes proposed to be laid on the British colonies, had a tendency to deprive the colonists of some of their most essential rights as British subjects and as men-particularly the right of assessing their own taxes, and of being free from any impositions but such as they consented to, by themselves or representatives." They directed Mr. Mauduit, their agent in London, to remonstrate against the ministerial measures, to solicit a repeal of the sugar act, and to deprecate the im- position of further duties and taxes on the colonies: they addressed the assemblies of the other provinces, requesting them to unite in a petition against the designs of the minis- try, and to instruct their agents to remonstrate against at-
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tempts so destructive to the liberty, the commerce, and property of the colonies ..
The assembly of Pennsylvania referred the circular from Massachusetts to a committee,* with directions to prepare instructions to their agents. In the report of this committee, adopted by the house, they contended, that, by the charter of Charles II., the right of assessing their own taxes, and free- dom from impositions not imposed by the representatives of the people, were fully granted: that, independently of the charter, these were the indubitable rights of all the colonists as Englishmen: that they had paid a valuable consideration to the crown for their charter and laws, by planting and im- proving a wilderness, far distant from the mother country, at a vast expense and risk of lives, greatly increasing the commerce of the nation, and adding a large tract of country to the crown: they admitted, that, in seasons of danger, there was a necessity for some plan to oblige the colonies to grant the necessary aids, and to contribute to the general de- fence, and that the colonies might be expected to propose some mode adequate to these ends. Such a plan, they said, was then under their consideration, which would preserve the rights of the crown and the liberties of the colonists. This plan they proposed to transmit to him immediately, that, if approved, it might be established by a temporary act of parliament.
But this design of framing a system for taxing the colonies, was abandoned, in consequence of the proposition from Rhode Island, made to a succeeding assembly,t to collect the sense of all the colonies, and to unite in a common petition to the king and parliament. The Pennsylvania agent was advised of the change, which was attributed to the disjointed state and separate interests of the several colonies. He was further instructed to declare, that the province laboured under an immense load of debt, produced by her grants to the crown, during the late war, besides a half million sterling,
* Committee ;- Messrs. Fox, Rhoads, Rodman, Pearson, Carpenter, M'Connaughey, Allen, Ross, and Tool.
+ October.
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now due from her merchants to the mother country: that the late act of parliament relating to foreign sugar, coffee, and mo- lasses, deprived them of a market for their surplus produce, now too great for the consumption of the English islands alone, and was rendered more grievous by giving no drawback of duty in case of exportation of West India commodities to Europe: that the value of British manufactures annually im- ported by Pennsylvania amounted to seven hundred thousand pounds sterling, whilst the return exports did not exceed three hundred thousand pounds: that, if debarred access to the European markets with their lumber and iron, and denied the benefit of drawback on West India produce, they would be unable to make their payments to the British merchants and manufacturers: that, since the Indian war, their fur-trade was destroyed: that the province was drained of specie, and their paper, the great circulating medium, was sinking in value, threatening them with the deprivation of a proper me- dium for trade: that the province was totally unable to pay heavy taxes, the late appearances of wealth and prosperity having flowed from temporary causes : that a late act, re- quiring all wines of European growth to be landed in Eng- land, and pay a duty there before re-shipment, was a vexa- tious, troublesome, and expensive burden. The agent was further instructed, iron having become a staple commodity of Pennsylvania, to obtain permission to export it to any port in Europe, since vessels directly for England were not to be procured to transport half the iron made in the colonies; and he was directed to remonstrate against the prohibition to export lumber to Europe and to the foreign West Indies, as deeply injurious to the colonists, cutting off entirely this ar- ticle of export, it being too bulky to bear a double freight. Copies of these instructions were sent to the legislatures of Massachusetts and Rhode Island.
But the assembly of Pennsylvania were not content with these exertions. They resolved to send Dr. Franklin to Eng- land as their agent; one qualified by his information and ta- lents to promote their views relative to the change of the proprietary government, and to instruct the ministry in the
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true interests of the empire. The choice of the house alarmed the proprietary party, who earnestly remonstrated against it. They denied the right of the assembly to change the form of government; and, though such right were admitted, they declared it inexpedient to exercise it whilst measures were pending in England which might prove fatal to all the colo- nies. They urged also, that the change of government could no longer be deemed necessary, since the proprietaries had consented to comply with the wishes of the people in rela- tion to the taxation of their estates. But if an additional agent were necessary, they represented Mr. Franklin as dis- qualified for the station by his party engagements and preju- dices, having proposed and ardently supported the change of government, which he might still endeavour to effect, though now reprobated by more than three-fourths of the inhabitants of the province: that his enmity against the proprietaries would prevent a cordial co-operation with them against the designs of the ministry, whom it was not to be presumed he would venture to offend, himself and son holding lucrative offices under the crown: and that a man of his moderate for- tune could not be expected to sacrifice his interests to the public weal. For these reasons, the remonstrants recom- mended the selection of some gentleman in England of inde- pendent fortune, who had influence with the ministry and the house of commons, and with whom the proprietaries and the agents from the other colonies might co-operate. They urged the house to delay their final vote upon the appointment until the sense of the people could be taken, when, they asserted, three-fourths of the province would petition, not only against a change of government, but against the employment of Mr. Franklin, particularly, as an agent in provincial affairs. This memorial produced considerable debate in the assembly, but the popular party stood firmly, and elected Mr. Franklin by a vote of nineteen to eleven. The minority proffered a pro- test, comprising the objections in the memorial, but the house refusing them permission to enter it upon their minutes, they published it with their signatures attached. The treasury being at this time empty, the necessary funds for the outfit of
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the agent were advanced by individuals. This opposition to the appointment of Dr. Franklin affected him deeply; having been made by men with whom he had long been connected in public and private life, among whom were Messrs. Dick- enson, Bryan, and M'Connaughey. On the eve of his de- parture, he published some remarks on the protest, which produced a most virulent and calumnious warfare between his friends and the conspicuous members of the proprietary party, in which Mr. Allen, the chief justice, was a distinguished sufferer .*
The efforts of the American colonies to stay the mad career of the English ministry proved unavailing. The stamp act was passed with slight opposition by the commons, and with unanimity by the lords.t Dr. Franklin laboured earnestly to avert a measure which his sagacity and extensive acquaint- ance with the American people taught him was pregnant with danger to the British empire; but he entertained not the idea that it would be forcibly resisted. _ He wrote to Mr. Charles Thompson, " The sun of liberty is set, you must light up the candles of industry and economy." To which Mr. Thompson replied, "he was apprehensive that other lights would be the consequence." To Mr. Ingersol, the doctor said, "Go home and tell your people to get children as fast
* Dr. Franklin was appointed 26th October, 1764, and left the province November 1.
Mr. Hughes, the friend of Mr. Franklin, to bring the doctor's friends and enemies to some issue, proposed in the public journals that, if, Mr. Allen or any gentleman of character would avow himself the author of a pam- phlet, entitled " An answer to Mr. Franklin's remarks on a late protest," a proper reply should be made to the pamphlet; and, on condition that such person would engage to pay the sum of five pounds for every falsehood or gross misrepresentation contained in such pamphlet to the Pennsylvania hospital, Mr. Hughes would pay five pounds to the same use for every charge which should be proved against the doctor's character: the arbitra- ment to be decided by referees from other colonies.
+ The stamp act was passed on the 22nd of March, 1765. It was under consideration of parliament in March of the foregoing year, but was post- poned, it was said, by the exertions of Mr. Allen, chief justice of Pennsyl- vania, at that time on a visit to London.
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as they can," intimating, that the period for successful oppo- sition had not yet arrived.
Although the assembly of Pennsylvania was in session when tidings of the passage of the stamp act reached Phila- delphia, they took no public notice of it; but if their indig- nation was momentarily restrained, by prudential motives, they were not insensible to the violation of their rights. The assembly of Virginia, also in session at this time, by the adop- tion of the resolutions offered by Mr. Patrick Henry, assert- ing the exclusive right of that colony to tax herself, prepared the people of the greater part of the provinces for systematic opposition. The assembly of Massachusetts proposed that a congress of committees from the assemblies of the several provinces should be convened at New York, on the second Tuesday of October, to consult on the present state of the colonies. This proposition was communicated to Mr. Fox, speaker of the Pennsylvania assembly, in June, but was not laid before the house until September; but immediately upon its receipt, he convened such of the members as were resident in the city, or its vicinity, and by their instructions gave assurances to Massachusetts of the disposition of Pennsylva- nia to support the measure. Upon the meeting of the assem- bly, Messrs. Fox, Dickenson, Bryan, and Morton, were appointed on the part of the province, " to consult with the committees appointed by the other colonies on the present circumstances of the colonies, and the difficulties they are, and must be reduced to, by acts of parliament, for levying duties and taxes upon them; and to join with the said com- mittees in loyal and dutiful addresses to the king, and two houses of parliament, humbly representing the condition of these colonies, and imploring relief by a repeal of the said acts." The committee was strictly enjoined to frame their addresses in the most respectful terms, avoiding every ex- pression that might be offensive to his majesty, or to either house of parliament .*
The sense of the assembly of Pennsylvania upon the stamp
* Votes.
55
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act was more fully expressed in ten resolutions, reported by a committee,* declaring, That the province, whenever re- quired by his majesty for carrying on military operations for the defence of America, had most cheerfully contributed its full proportion of men and money: That when in future his majesty shall require aid from the inhabitants in a constitu- tional manner, it will be their duty most cheerfully and liberally to grant their proportion of men and money for the defence, security, and other public services of the British American colonies: That the inhabitants of the province are entitled to all the liberties, rights, and privileges of his ma- jesty's subjects in Great Britain or elsewhere; and that the constitution of the government of this province, being found- ed on the natural rights of mankind, and the noble principles of English liberty, is, or ought to be, perfectly free: That it is the inherent birth-right and indubitable privilege of every British subject to be taxed only by his own consent, or that of his legal representatives, in conjunction with his majesty, or his substitutes: That the only legal representatives of the inhabitants of this province are the persons they annually elect to serve them as members of assembly: That the tax- ation of the people by any other power than their represen- tatives in assembly is unconstitutional, and subversive of their ' most valuable rights, of the public liberty, and destructive of public happiness: That to vest in courts of admiralty power to decide suits relating to the stamp act, and other matters, foreign to their jurisdiction, is highly dangerous to the liber- ties of his majesty's American subjects, contrary to magna charta, and destructive of trial by jury : That the restraints laid by the late acts of parliament on the trade of the pro- vince, at a time when the people laboured under an enormous load of debt, must of necessity be attended with fatal conse- quences, not only to the province, but to the trade of the mother country: That the assembly deem it their duty thus firmly to assert, with modesty and decency, their inherent rights, that posterity may learn, that it was not by their con-
* Committee, Messrs. Strettel, Willing, Knight, Pearson, Wright, Allen and Ross.
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- sent that taxes should be levied upon them by others than their representatives; and that these resolves might bear tes- timony of the zeal and ardent desire of the present house, to preserve their inestimable rights, which, as Englishmen, they possessed since the province was settled, and to transmit them to their children.
The bill for raising troops for the western expedition under colonel Bonquet, received the sanction of the governor on the thirtieth of May, 1764, but the compliment of forces was not obtained until August. On the fifth of that month the troops assembled at Carlisle, under their officers, lieutenant- colonel Francis, and lieutenant-colonel Clayton. After an address from the governor, designed to inspirit the men, and deter them from desertion, the command of the Pennsylvania quota was delivered to colonel Bonquet, under whom colonel Reid served as second in chief. War had been declared by governor Penn against the Shawanese and Delaware Indians, and their confederates, on the seventh of July. On the thir- teenth of August the army reached fort Loudon, having lost, in eight days, three hundred men by desertion; and on the fifteenth of September arrived at Pittsburg, where it was re- inforced by troops from Virginia. Whilst at fort Loudon, colonel Bonquet received despatches from colonel Bradstreet, dated Presqu'isle, August 14, informing him that peace had been concluded with the Delaware and Shawanese; but as these savages continued their murders and depredations, the former placed no confidence in their sincerity, and re- solved to prosecute his enterprise unless countermanded by general Gage. But that officer, for like reasons, refused to ratify the treaty, and renewed his commands to both armies to attack the enemy. The propriety of this resolution was soon obvious. The express sent to colonel Bradstreet from fort Pitt with Bonquet's answer to his communication was murdered, and his head placed on a pole in the middle of the road. With faithless policy the Indians had entered into the treaty of Presqu'isle, merely to gain time for removing their families. *
* Penn. Gazette. Hutchins' account of the expedition against the Ohio Indians.
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1
On the third of October colonel Bonquet, with fifteen hun- dred men, departed from Pittsburg, and on the evening of the twenty-fifth encamped at the forks of the Muskingum river, in the heart of the hostile Indian country. This promptitude, supported by the reputation acquired by the colonel in the preceding year, intimidated the enemy, and induced him to sue for peace. Conferences were holden with the several tribes of Delawares, Senecas, and Shawanese; who, having surrendered such of their white prisoners as were immediately within their power, and given pledges for the restoration of such as could not then be brought in, were compelled to render hostages for their good behaviour until peace should be concluded with sir William Johnson, who was empowered by the crown to treat with them.
The conduct of the British commander throughout this expedition was distinguished by prudence and firmness, which made a durable impression on the minds of the Indians, whose ready and humble submission witnessed their reverence for his character. They obeyed his commands implicitly, and suffered him to depose a chieftain of the Turtle tribe for de- lay in appearing before him, electing another at his bidding.
Two hundred and six prisoners, men, women, and children, ' were restored; many of whom were joyfully received in the camp by their relatives, who had joined the army with the design of redeeming them from slavery, or avenging their deaths. Some of the captives had dwelt long enough with the Indians to acquire a taste for their wild and simple life, and to inspire their masters with ardent affection. Force was necessary in several instances to bring the prisoners to the camp, where their captors, with cheeks bedewed with tears, delivered them to their countrymen, loading them with corn, skins, and other property, bestowed upon them whilst in the Indian families. On the return of the army, some of the Indians obtained leave to accompany their former cap- tives to fort Pitt, and employed themselves in hunting and carrying provisions for them on the road. " These qualities in savages," says the author of the historical account of the
.
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expedition against the Ohio Indians,* "challenge our just esteem. They should make us charitably consider their bar- barities as the effect of wrong education, and false notions of bravery and heroism; whilst we should look on their virtues as sure marks that nature has made them fit subjects of cul- tivation as well as us, and that we are called by our superior advantages to yield them all the helps we can in this way. Cruel and unmerciful as they are by habit and long example, in war, yet whenever they give way to the native dictates of humanity, they exercise virtues which Christians need not blush to imitate. When they once determine to give life, they give every thing with it which, in their apprehension, belongs to it. From every inquiry that has been made, it appears, that no woman thus saved is preserved from base motives, or need fear the violation of her honour; no child is otherwise treated by the person adopting it than the chil- dren of his own body; the perpetual slavery of those capti- vated in war, is a notion which even their barbarity has not yet suggested to them; every captive whom their affection, their caprice, or whatever else, leads them to save, is soon incorporated with them, and fares alike with themselves." From their appearance, and their own statements, the Indians suffered greatly during the war. Their clothes, ammunition, and provisions, were expended, and the most abject misery prevailed among them. In their reduced and feeble state, the whites found greater assurance of safety than in their re- turning friendship.
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