In New York, where general Gage was expected with a considerable body of troops, a message was transmitted by the governor to the legislature, desiring their compliance with an act of parliament called "the mutiny act," which required that the colony in which any of his majesty's forces might be stationed, should provide barracks for them, and necessaries in their quarters. The legislature postponed the consideration of this message until the troops were actually arrived; and then, after a second message from the governor, reluctantly and partially complied with the requisitions of the act.
At a subsequent session, the governor brought the subject again before the assembly, who determined that the act of parliament could be construed only to require that provision should be made for troops on a march, and not while permanently stationed in the country.[190] The reason assigned for not furnishing the accommodations required by the governor, implies the opinion that the act of parliament was rightfully obligatory; and yet the requisitions of the mutiny act were unquestionably a tax; and no essential distinction is perceived between the power of parliament to levy a tax by its own authority, and to levy it through the medium of the colonial legislatures; they having no right to refuse obedience to the act. It is remarkable that such inaccurate ideas should still have prevailed, concerning the controlling power of parliament over the colonies.
In England it was thought to manifest a very forbearing spirit, that this instance of disobedience was punished with no positive penalties; and that the ministers contented themselves with a law prohibiting the legislature of the province from passing any act, until it should comply, in every respect, with the requisitions of parliament. The persevering temper of Massachusetts not having found its way to New York, this measure produced the desired effect.
Two companies of artillery, driven into the port of Boston by stress of weather, applied to the governor for supplies. He laid the application before his council, who advised that, "in pursuance of the act of parliament" the supplies required should be furnished. They were furnished, and the money to procure them was drawn from the treasury by the authority of the executive.
1767
On the meeting of the legislature, the house of representatives expressed in pointed terms their disapprobation of the conduct of the governor. Particular umbrage was given by the expression "in pursuance of an act of parliament." "After the repeal of the stamp act, they were surprised to find that this act, equally odious and unconstitutional, should remain in force. They lamented the entry of this reason for the advice of council the more, as it was an unwarrantable and unconstitutional step which totally disabled them from testifying the same cheerfulness they had always shown in granting to his majesty, of their free accord, such aids as his service has from time to time required."[191] Copies of these messages were transmitted by governor Bernard to the minister, accompanied by letters not calculated to diminish the unpleasantness of the communication.
The idea of raising revenue in America, was so highly favoured in England, especially by the landed interest, that not even the influence of administration could have obtained a repeal of the stamp act, on the naked principle of right. Few were hardy enough to question the supremacy of parliament; and the act receding from the practical assertion of the power to tax the colonists, deeply wounded the pride of the King, and of the nation.
The temper discovered in some of the colonies was ill calculated to assuage the wound, which this measure had inflicted, on the haughty spirit of the country; and is supposed to have contributed to the revival of a system, which had been reluctantly abandoned.
Charles Townshend, chancellor of the exchequer, said boastingly in the house of commons, "that he knew how to draw a revenue from the colonies without giving them offence."[192] Mr. Grenville eagerly caught at the declaration, and urged this minister to pledge himself to bring forward the measure, at which he had hinted. During the sickness and absence of lord Chatham, the cabinet had decided on introducing a bill for imposing certain duties on tea, glass, paper, and painter's colours, imported into the colonies from Great Britain; and appropriating the money in the first instance, to the salaries of the officers of government. This bill was brought into parliament, and passed almost without opposition.
The friends of America, in England, had distinguished between internal and external taxation; and the same distinction had been made in the colonies. But the discussions originating in the stamp act, while they diffused among the colonists a knowledge of their political rights, had inspired also more accurate ideas respecting them.