Whatever differences still prevailed, if indeed practical men could hold out after the accomplished fact, might be bridged and compromised by adopting those petitions and addresses which the timid thought sufficient and at the same time by subscribing to and “recommending” those non-intercourse agreements which the bolder sort thought essential.
This compromise was in fact effected. The Congress unanimously adopted the moderate addresses which Lord Chatham afterwards praised for their masterly exposition of true constitutional principles; but it likewise adopted, also unanimously, a series of resolutions known as the Association, to which the deputies subscribed their names. By signing the Association, the deputies bound themselves, and recommended the people in all the colonies to bind themselves, not to import, after December 1, 1774, any commodities from Great Britain or Ireland, or molasses, syrups, sugars, and coffee from the British plantations, or East India Company tea from any place, or wines from Madeira, or foreign indigo; not to consume, after March 1, 1775, any of these commodities; and not to export, after September 10, 1775, any commodities whatever to Great Britain, Ireland, or the West Indies, “except rice to Europe.” It was further recommended that a committee be formed in each city, town, and county, whose business it should be to observe the conduct of all persons, those who refused to sign the Association as well as those who signed it, and to publish the names of all persons who did not observe the agreements there entered into, “to the end that all such foes of the rights of British-America may be publicly known and universally condemned as the enemies of American liberty”; and it was likewise recommended that the committees should inspect the customs entries frequently, that they should seize all goods imported contrary to the recommendation of the Association and reship them, or, if the owner preferred, sell them at public auction, the owner to be recompensed for the first costs, the profits, if any, to be devoted to relieving the people of Boston.
Having thus adopted a Petition to the King, a Memorial to the Inhabitants of the British Colonies, and an Address to the People of Great Britain, and having recommended a certain line of conduct to be followed by all loyal Americans, the first Continental Congress adjourned. It had assumed no “coercive or legislative authority”; obedience to its determinations would doubtless depend, as Mr. Rutledge had said, upon “the reasonableness, the apparent utility and necessity” of its recommendations.
“There can be no doubt,” the Earl of Dartmouth is reported to have said, “that every one who had signed the Association was guilty of treason.” The Earl of Dartmouth was not counted one of the enemies of America; and if this was his opinion of the action of the first Continental Congress, Lord North’s supporters in Parliament, a great majority since the recent elections, were not likely to take a more favorable view of it. Nevertheless, when the American question came up for consideration in the winter of 1775, “conciliation” was a word frequently heard on all sides, and even corrupt ministers were understood to be dallying with schemes of accommodation. In January and February great men were sending agents, and even coming themselves, to Dr. Franklin to learn what in his opinion the colonies would be satisfied with. Lord Chatham, as might be guessed, was meditating a plan. On the 29th of January, he came to Craven Street and showed it to Franklin, who made notes upon it, and later went out to Hayes, two hours’ ride from London, where he remained for four hours listening to the easy flow of the Great Commoner’s eloquence without being able to get any of his own ideas presented.
Fortified by the presence if not by the advice of Franklin, Lord Chatham laid his plan before Parliament on the 1st of February. He would have an explicit declaration of the dependence of the colonies on the Crown and Parliament in all matters of trade and an equally explicit declaration that no tax should be imposed upon the colonies without their consent; and when the Congress at Philadelphia should have acknowledged the supremacy of the Crown and Parliament and should have made a free and perpetual grant of revenue, then he would have all the obnoxious acts passed since 1764, and especially the Coercive Acts, totally repealed. Lord Sandwich, in a warm speech, moved to reject these proposals at once; and when the vote was taken it was found that 61 noble lords were in favor of rejecting them at once, while only 31 were opposed to so doing.
Lord North was perhaps less opposed to reconciliation than other noble lords were. A few days later Franklin was approached by Admiral Howe, who was understood to know the First Minister’s mind, to learn whether he might not suggest something for the Government to go upon. The venerable Friend of the Human Race was willing enough to set down on paper some “Hints” which Admiral Howe might think advisable to show to ministers. It happened, however, that the “Hints” went far beyond anything the Government had in mind. Ministers would perhaps be willing to repeal the Tea Act and the Boston Port Bill; but they felt strongly that the act regulating the Massachusetts charter must stand as “an example of the power of Parliament.” Franklin, on the other hand, was certain that “while Parliament claims the right of altering American constitutions at pleasure, there can be no agreement.” Since the parties were so far apart, it seemed useless to continue the informal negotiation, and on February 20, Lord North laid before Parliament his own plan for effecting an accommodation.
Perhaps, after all, it was not his own plan; for Lord North, much inclined to regard himself as the King’s minister, was likely to subordinate his wishes to those of his master. King George III, at all events, had his own ideas on conciliation. “I am a friend to holding out the olive branch,” he wrote in February, “yet I believe that, when vigorous measures appear to be the only means, the colonies will submit.” Knowing the King’s ideas, as well as those of Dr. Franklin, Lord North accordingly introduced into Parliament the Resolution on Conciliation, which provided that when any colony should make provision “for contributing their proportion to the common defense, … and for the support of the civil government, and the administration of justice in such province, … it will be proper, … for so long as such provision shall be made, … to forbear, in respect of such province, … to levy any Duty, Tax, or Assessment, … except … for the regulation of commerce.” The minister’s resolution, although by most of his supporters thought to be useless, was adopted by a vote of 274 to 88.
It was not the intention of the Government to hold out the olive branch by itself. Lord North, and perhaps the King also, hoped the colonies would accept it; but by all maxims of politics an olive branch was more likely to be accepted if the shining sword was presented at the same time as the only alternative. As early as the 10th of February, Lord North had introduced into Parliament a bill, finally passed March 30, “to restrain the trade and commerce” of the New England colonies to “Great Britain, Ireland, and the British islands in the West Indies,” and to exclude these colonies from “carrying on any fishery on the banks of Newfoundland,” it being “highly unfit that the inhabitants of the said provinces … should enjoy the same privileges of trade … to which his Majesty’s faithful and obedient subjects are entitled.” The provisions of this act were extended to the other colonies in April; and meantime measures were taken to strengthen the naval forces.
The first certain information that Lord North had extended the olive branch reached New York April 24, 1775, two weeks before the day fixed for the meeting of the second Continental Congress. Important changes had taken place since the first Congress, six months earlier, had sent forth its resolutions. In every colony there was a sufficient number of patriots who saw “the reasonableness, the apparent utility, and necessity” of forming the committees which the Association recommended; and these committees everywhere, with a marked degree of success, immediately set about convincing their neighbors of the utility and necessity of signing the non-importation agreement, or at least of observing it even if they were not disposed to sign it. To deny the reasonableness of the Association was now indeed much more difficult than it would have been before the Congress assembled; for the Congress, having published certain resolutions unanimously entered into, had come to be the symbol of America united in defense of its rights; and what American, if indeed one might call him such, would wish to be thought disloyal to America or an enemy of its liberties? It required a degree of assurance for any man to set up his individual judgment against the deliberate and united judgment of the chosen representatives of all the colonies; and that must be indeed a very subtle mind which could draw the distinction between an enemy of liberty and a friend of liberty who was unwilling to observe the Association.
Some such subtle minds there were—a considerable number in most colonies who declared themselves friends of liberty but not of the Association, loyal to America but not to the Congress. One of these was Samuel Seabury, an Episcopalian clergyman living in Westchester County, New York, a vigorous, downright man, who at once expressed his sentiments in a forcible and logical manner, and with much sarcastic humor, in a series of pamphlets which were widely read and much commended by those who found in them their own views so effectively expressed. This Westchester Farmer—for so he signed himself—proclaimed that he had always been, and was still, a friend of liberty in general and of American liberty in particular. The late British measures he thought unwise and illiberal, and he had hoped that the Congress would be able to obtain redress, and perhaps even to effect a permanent reconciliation. But these hopes were seen to be vain from the day when the Congress approved the Suffolk Resolutions and, instead of adopting Mr. Galloway’s plan, adopted the Association. For no sane man could doubt that, under the thin disguise of “recommendations,” Congress had assumed the powers of government and counseled rebellion. The obvious conclusion from this was that, if one could not be a loyal American without submitting to Congress, then it was impossible to be at the same time a loyal American and a loyal British subject.