The Wars Between England and America

by Theodore Clarke Smith

In 1761 George III tried to induce Parliament to accept the leadership of the Earl of Bute, his former tutor, who had never held public office; but his rapid rise to the Premiership aroused such jealousy among the nobility and such unpopularity among the people that the unfortunate Scot quailed before the storm of ridicule and abuse. He resigned in 1763, and was succeeded by Grenville, who instantly showed George III that he would take no dictation. On the contrary, {36} he drove the King to the point of fury by his masterfulness. In desperation, George then turned to the Marquis of Rockingham who, if equally determined to decline royal dictation, was personally less offensive to him; and there came in a Ministry of the usual type, all noblemen but two minor members, and all belonging to "connections" different from those of the Grenville Ministry. Thus it was that, when the unanimous defiance of the Americans reached England, the Ministers responsible for the colonial reforms were out of office, and the Rockingham Whigs had assumed control, feeling no obligation to continue anything begun by their predecessors. George III's interposition was responsible for this situation.

When Parliament met in January, 1766, the colonists received powerful allies, first in the British merchants, who petitioned against the Act as causing the practical stoppage of American purchases, and second in William Pitt, who, in a burning speech, embraced in full the colonists' position, and declared that a parliamentary tax upon the plantations was absolutely contrary to the rights of Englishmen. He "rejoiced that America has resisted." This radical position found few followers; but the Whig Ministry, after some hesitation, decided to grant the colonial demands while insisting {37} on the imperial rights of Parliament. This characteristically English action was highly distasteful to the majority in the House of Lords, who voted to execute the law, and to George III, who disliked to yield to mutinous subjects; but they were forced to give way. The Stamp Act was repealed, and the sugar duties were reduced to a low figure. At the same time a Declaratory Act was passed, asserting that Parliament had full power to bind the colonies "in all cases whatsoever." Thus the Americans had their way in part, while submitting to seeing their arguments rejected.

The consequences of this unfortunate affair were to bring into sharp contrast the British and the American views of the status of the colonies. The former considered them as parts of the realm, subject like any other part to the legislative authority of King, Lords, and Commons. The contention of the colonists, arising naturally from the true situation in each colonial government, that the rights of Englishmen guaranteed their freedom from taxation without representation, was answered by the perfectly sound legal assertion that the colonists, like all the people of England, were "virtually" represented in the House of Commons. The words, in short, meant one thing in England, another thing in America. English speakers {38} and writers pointed to the scores of statutes affecting the colonies, calling attention especially to the export duties of the Navigation Act of 1672, and the import duties of the Act of 1733, not to mention its revision of 1764. Further, Parliament had regulated provincial coinage and money, had set up a postal service, and established rates. Although Parliament had not imposed any such tax as the Stamp Act, it had, so far as precedent showed, exercised financial powers on many occasions.

To meet the British appeal to history, the colonists developed the theory that commercial regulation, including the imposition of customs duties, was "external" and hence lay naturally within the scope of imperial legislation, but that "internal" taxation was necessarily in the hands of the colonial assemblies. There was sufficient plausibility in this claim to commend it to Pitt, who adopted it in his speeches, and to Benjamin Franklin, the agent for Pennsylvania, already well known as a "philosopher," who expounded it confidently when he was examined as an expert on American affairs at the bar of the Commons. It was, however, without any clear legal justification, and, as English speakers kept pointing out, it was wholly incompatible with the existence of a genuine imperial government. That it was {39} a perfectly practical distinction, in keeping with English customs, was also true; but that was not to be realized until three-quarters of a century later.

With the repeal of the objectionable law the uproar in America ceased, and, amid profuse expressions of gratitude to Pitt, the Ministry, and the King, the colonists returned to their normal activities. The other parts of the Grenville programme were not altered, and it was now possible for English Ministers, by a wise and steady policy, to improve the weak spots in the colonial system without giving undue offence to a population whose sensitiveness and obstinate devotion to entire self-government had been so powerfully shown. Unfortunately, the King again interposed his influence in such wise as to prevent any rational colonial policy. In the summer of 1766, tiring of the Rockingham Ministry, he managed to bring together an odd coalition of political groups under the nominal headship of the Duke of Grafton. Pitt, who disliked the family cliques, accepted office and the title of Earl of Chatham, hoping to lead a national Ministry. The other elements were in part Whig, and in part representatives of the so-called "King's Friends"—a growing body of more or less venal politicians who clung to George's support for the sake of the patronage to be {40} gained—and several genuine Tories who looked to a revived royal power to end the Whig monopoly. From such a Cabinet no consistent policy was to be expected, save under leadership of a man like Pitt. Unfortunately the latter was immediately taken with an illness which kept him out of public life for two years; and Grafton, the nominal Prime Minister, was utterly unable to hold his own against the influence and intrigues of the King. From the start, accordingly, the Ministry proved weak and unstable, and it allowed a new set of colonial quarrels to develop.

Charles Townshend, Chancellor of the Exchequer, one of the originators of the new colonial policy under the Bute Ministry, was so ill-advised as to renew the attempt to raise a colonial revenue by parliamentary taxation. His manner of proposing the measure gave the impression that it was a piece of sheer bravado on his part, intended to regain the prestige which he had lost by failing to carry all of his first budget; but the nature of the scheme indicates its close connection with the Grenville ideals. Avoiding the appearance of a direct internal tax, he caused the imposition of duties on glass, painters' colours, paper, and tea, without any pretence of regulating commerce, but for the announced purpose of defraying the expenses {41} of governors and judges in the colonies. Another measure established an American Board of Commissioners for customs. Still another punished the province of New York for failing to comply with an Act of 1765 authorizing quartering of troops in the colonies. The assembly was forbidden to pass any law until it should make provision for the soldiers in question. Ex-governor Pownall of Massachusetts, now in Parliament, did not fail to warn the House of the danger into which it was running; but his words were unheeded, and the Bills passed promptly.

The result of these measures was inevitable. Every political leader in the colonies—nay, every voter—saw that the Townshend duties, while in form "external," were pure revenue measures, unconnected with the Acts of Trade, and intended to strike at colonial independence in a vital point. If Great Britain undertook henceforward to pay the salaries of royal officials, one of the principal sources of power would be taken away from the assemblies. Instantly the distinction of "external" and "internal" taxation was abandoned; and from end to end of the Atlantic seaboard a cry went up that the duties were an insidious attack on the liberties of the Americans, an outrageous taking of their property without their consent, and a wanton interference with their {42} governments. Not merely agitators such as the shrewd Samuel Adams and the eloquent Patrick Henry uttered these views, but men of far more considerable property and station—such as John Jay and New York landowners and importers, John Dickinson and the Philadelphia merchants, George Washington and the Virginia planters. While no general Congress was summoned, the legislatures of the colonies adopted elaborate resolutions, pamphleteers issued a stream of denunciations, and, most important of all, a concerted effort was made to break down the Acts by abstaining from any importations, not only of the taxed commodities, but, so far as possible, of any British products. Commercial boycott, it was hoped, would have the same effect as at the time of the Stamp Act.

By this time the colonial argument had come to assume a much broader character, for, in order to deny the validity of the New York Assembly Act and the Townshend duties, it became necessary to assert that Parliament, according to "natural rights," had no legislative authority over the internal affairs of a colony. This was vested, by the constitution of each province or chartered colony, in the Crown and the colonial legislature. Such a theory reduced the imperial tie to little more than a personal union through the monarch, coupled with the {43} admitted power of Parliament to regulate commerce and navigation. Evidently, as in all such cases, the theory was framed to justify a particular desire, namely, to keep things where they had been prior to 1763. The sole question at issue was, in reality, one of power, not of abstract or legal right. Once more it was clear to men of penetrating vision that the American colonies needed extremely careful handling. Whether their arguments were sound or fallacious, loyal or seditious, it was significant that the whole continent spoke with one voice and felt but one desire—to be allowed to exercise complete financial discretion and to retain full control over governors and judges. Unfortunately the condition of things in England was such that a cool or steady treatment of the question was becoming impossible. In the first place, the Grafton Ministry was reconstituted in 1768, the "Pittite" elements withdrawing, and being replaced by more King's Friends and Tories, while George III's influence grew predominant. Townshend died in September, 1767, but his place was taken by Lord North, a Tory and especially subservient to the King. A new secretaryship for the colonies was given to Lord Hillsborough, who had been in the Board of Trade in the Grenville Ministry, and represented his views. Neither of these {44} men was inclined to consider colonial clamour in any other light than as unpardonable impudence and sedition. In the second place, the old Whig family groups were fast assuming an attitude of bitter opposition to the new Tories, and by 1768 were prepared to use the American question as a convenient weapon to discredit the Ministry. They were quite as aristocratic in temper as the ministerial party, but advocated forbearance, conciliation, and calmness in dealing with the Americans, in speeches as remarkable for their political good sense as for their ferocity toward North, Hillsborough, and the rest. While the Ministry drew its views of the American situation from royal governors and officials, the Whigs habitually consulted with Franklin and the other colonial agents, who occupied a quasi-diplomatic position. Thus the American question became a partisan battleground. The Tories, attacked by the Whigs, developed a stubborn obstinacy in holding to a "firm" colonial policy, and exhibited a steady contempt and anger toward their American adversaries which was in no small degree due to the English party antagonism.

Still further to confuse the situation, there occurred at this time the contest of John Wilkes, backed by the London mob, against the Grafton Ministry. This demagogue, able {45} and profligate, had already come into conflict with the Grenville Ministry in 1765, and had been driven into exile. Now, in 1768, he returned and was repeatedly elected to the Commons, and as often unseated by the vindictive ministerial majority. Riots and bloodshed accompanied the agitation; and Wilkes and his supporters, backed by the parliamentary Whigs, habitually proclaimed the same doctrines of natural rights which were universally asserted in America. To the King and his Cabinet, Wilkes and the American leaders appeared indistinguishable. They were all brawling, disorderly, and dangerous demagogues, deserving of no consideration.

Under these circumstances, the complaints of the colonists, although supported by the Whigs and by Chatham, received scant courtesy in England. The Grafton Ministry showed nothing but an irritated intention to maintain imperial supremacy by insisting on the taxes and demanding submissiveness on the part of the assemblies. A series of "firm" instructions was sent out by Hillsborough, typical of which was an order that the Massachusetts legislature must rescind its circular letter of protest under threat of dissolution, and that the other assemblies must repudiate the letter under a similar menace. The sole result was a series of embittered wrangles, dissolutions, protests, {46} and quarrels which left the colonists still more inflamed. Then, at the suggestion of the Commissioners of Customs, two regiments of troops were sent to Boston to over-awe that particularly defiant colony. There being no legislature in session, the Massachusetts towns sent delegates to a voluntary convention which drafted a protest. Immediately, this action was denounced by Hillsborough as seditious and was censured by Parliament; while the Duke of Bedford moved that an old statute of Henry VIII, by which offenders outside the realm could be brought to England for trial, should be put into operation against the colonial agitators. When the Virginia legislature protested against this step, it was dissolved. Hillsborough and North acted as though they believed that a policy of scolding and nagging, if made sufficiently disagreeable, would bring the colonists to their senses. That the Whigs did not cease to pour contempt and ridicule on the folly of such behaviour was probably one reason why the government persisted in its course. The American question was coming to be beyond the reach of reason.