The year 1764 was prolific in measures calculated to agitate and arouse the spirit of the Americans. Early in March an act was passed, whichdeclared that the bills which had been issued by the several colonial governments, should no longer be regarded as legal currency; an enactment which, although in some cases it might have the beneficial effect of preventing an injurious excess of paper, was very prejudicial to the interests, as well as galling to the feelings, of the colonists. On the 10th of March the house of commons passed eighteen resolutions for imposing taxes and duties on the colonies. The execution of that which declared that it might be proper to impose certain stamp duties on them, was deferred to the next session; but the others were immediately enforced by ‘An Act for granting certain Duties in America;’ which, after stating that it was just and expedient to raise a revenue there, imposed duties on silks and colored calicoes from Persia, India, or China, and on sugar, wines, coffee, and pimento, made the sugar and molasses act perpetual, reducing the duty on molasses from six-pence to three-pence per gallon; and this for the express and sole purpose of raising a revenue. The same act increased the number of enumerated commodities, laid new and harsh restrictions on commerce, re-enacted many of the obsolete laws of trade, and provided that all penalties and forfeitures, accruing under any of them, might be sued for, at the election of the informer, in any court of record or of admiralty, or in that of vice-admiralty to be established over all America. The declaration which was made, that all these duties should be devoted to the maintenance of an army for the defence of the colonies, was by no means satisfactory: it was indeed urged by the ministry, to prove to Americans that the money which was raised from them would ultimately be spent again among their own inhabitants; but the colonists sagaciously conjectured, that now they had no other enemy than a few exhausted tribes of Indians, there must be some other design than that of defence in maintaining a standing army among them; and they could attribute the plan to no other source than a desire on the part of the ministry to secure the destruction of their liberties by military force.
The direct assertion by the British parliament of its right to tax the colonies, accompanied, as it evidently was, by a determination to carry the principle into almost immediate effect, excited the most extensive clamor and agitation, not only among individuals, but in the minds of the constituted authorities. ‘Taxation without representation is tyranny,’ was the universal watchword; the proposed exaction was everywhere the topic of conversation, and the subject of the severest animadversion. Every day beheld the affection of the Americans for the parent country sensibly diminish, while the disposition to resist by force was silently but effectually fostered. Several of the provincial assemblies sent instructions to their agents in London to employ every means to prevent the obnoxious measure being carried into effect.
The people of Boston, at their meeting in May, instructed their representatives to the general court on this important subject. In these instructions, (which were drawn up by Samuel Adams, one of the committee appointed for that purpose,) after commenting on the sugar and molasses act, they proceed to observe: ‘But our greatest apprehension is, that these proceedings may be preparatory to new taxes; for if our trade may be taxed, why not our lands? why not the products of our lands, and every thing we possess or use? This, we conceive, annihilates our charter rights to govern and tax ourselves. It strikes at our British privilegeswhich, as we have never forfeited, we hold in common with our fellow-subjects who are natives of Britain. If taxes are laid upon us, in any shape, without our having a legal representation where they are laid, we are reduced from the character of free subjects, to the state of tributary slaves. We, therefore, earnestly recommend it to you to use your utmost endeavors to obtain from the general court all necessary advice and instruction to our agent, at this most critical juncture. We also desire you to use your endeavors that the other colonies, having the same interests and rights with us, may add their weight to that of this province; that by united application of all who are aggrieved, all may obtain redress.’
This was the first act in the colonies, in opposition to the ministerial plans of drawing a revenue directly from America; and it contained the first suggestion of the propriety of that mutual understanding and correspondence among the colonies, which laid the foundation of their future confederacy. The house of representatives of Massachusetts, in June following, declared, ‘That the sole right of giving and granting the money of the people of that province, was vested in them, or their representatives, and that the imposition of duties and taxes by the parliament of Great Britain upon a people not represented in the house of commons, is absolutely irreconcilable with their rights; that no man can justly take the property of another, without his consent; upon which original principles, the power of making laws for levying taxes, one of the main pillars of the British constitution, is evidently founded.’ The same sentiments are expressed, though in stronger language, in their letter of instructions to their agent. ‘If the colonists are to be taxed at pleasure,’ they say, ‘without any representatives in parliament, what will there be to distinguish them, in point of liberty, from the subjects of the most absolute prince? If we are to be taxed at pleasure, without our consent, will it be any consolation to us, that we are to be assessed by a hundred instead of one? If we are not represented, we are slaves.’ The house, also, at the same time, appointed a committee, to sit during the recess of the court, to write to the other colonies, requesting them to join in applying for a repeal of the sugar act, and in endeavoring to prevent the passage of the act laying stamp duties, or any other act imposing taxes on the American provinces.
In addition to the acts and declarations of the colonial legislatures, various individuals enlightened and animated the colonists by numerous publications both in the newspapers and by separate pamphlets. Among the latter, ‘The Rights of the Colonists asserted and proved,’ by Mr. Otis, and ‘The Sentiments of a British American,’ by Oxenbridge Thacher, were particularly distinguished. Mr. Otis, among other things, declared, ‘That the imposition of taxes, whether on trade or on land, on houses or ships, on real or personal, fixed or floating property in the colonies, is absolutely irreconcilable with the rights of the colonists, as British subjects and as men.’ On the subject of the sugar and molasses act, Mr. Thacher stated his objections, the first of which was, ‘That a tax was thereby laid on several commodities, to be raised and levied in the plantations, and to be remitted home to England. This is esteemed,’ he said ‘a grievance, inasmuch as the same are laid without the consent of the representatives of the colonists. It is esteemed an essential British right, that no man shall be subject to any tax but what, in person or by his representative, he hath a voice in laying.’
In the winter of 1765, at the request of the other agents of the colonies Dr. Franklin, Jared Ingersoll, Mr. Jackson, and Mr. Garth, had a conference with Mr. Grenville, on the subject of the stamp duty. Mr. Ingersoll was from Connecticut, and had been requested to assist Mr. Jackson in any matters relating to that colony; Mr. Garth was agent for South Carolina, and he and Mr. Jackson were members of parliament. These gentlemen, and particularly Dr. Franklin and Mr. Ingersoll, informed the minister of the great opposition to the proposed tax in America, and most earnestly entreated him, that if money must be drawn from the colonies by taxes, to leave it with the colonists to raise it among themselves in such manner as they should think proper, and best adapted to their circumstances and abilities. Dr. Franklin informed the minister, that the legislature of Pennsylvania had by a resolution declared, ‘That as they always had, so they always should, think it their duty to grant aids to the crown, according to their abilities, whenever required of them in the usual constitutional way.’
Neither the remonstrances of the colonists, however, nor the entreaties of their agents, were of any avail with the ministry or parliament. The bill for laying the stamp and other duties was soon brought before the house, and petitions from the colonies of Virginia, Connecticut, and South Carolina, were offered in opposition to it. The house, however, refused to receive them; in the first place, because they questioned or denied the right of parliament to pass the bill; and in the second place, because it was contrary to an old standing rule of the house,—‘that no petition should be received against a money bill.’ The majority against receiving the petitions was very large, and those from the other colonies were not offered. The petition from New York was expressed in such strong language, that no member of the house could be prevailed upon to present it. The admirable speech of colonel Barré in reply to Charles Townshend, so familiar to all of us, although it produced a profound impression, did not of course defeat the measure; and the colonial petitions and remonstrances, with the petition of the London merchants trading to America, were equally unavailing. In the house of commons there were about two hundred and fifty for, and only fifty against it. In the lords it passed without debate, with entire unanimity; and on the 22d of March it obtained the royal assent.
This enactment, which was to come into operation on the 1st of November, excited the most serious alarm throughout the colonies. It was viewed as a violation of the British constitution, and as destructive of the first principles of liberty; and combinations against its execution were everywhere formed. The house of burgesses in Virginia, which was in session when intelligence of the act was received, passed several spirited resolutions, asserting the colonial rights, and denying the claim of parliamentary taxation. The resolutions were introduced into the Virginia assembly by the eloquent Patrick Henry, who, on the envelope of a copy of them in his own hand-writing, has given the following interesting particulars: ‘They formed,’ says Mr. Henry, ‘the first opposition to the stamp act, and the scheme of taxing America by the British parliament. All the colonies, either through fear, or want of opportunity to form an opposition, or from influence of some kind or other, had remained silent. I had been for the first time elected a burgess a few days before, was younginexperienced, unacquainted with the forms of the house, and the members that composed it. Finding the men of weight averse to opposition, and the commencement of the tax at hand, and that no person was likely to step forth, I determined to venture; and alone, unadvised, and unassisted on a blank leaf of an old law book wrote the within. Upon offering them to the house, violent debates ensued. Many threats were uttered, and much abuse cast on me, by the party for submission. After a long and warm contest, the resolutions passed by a very small majority, perhaps of one or two only. The alarm spread throughout America with astonishing quickness, and the ministerial party were overwhelmed. The great point of resistance to British taxation was universally established in the colonies. This brought on the war, which finally separated the two countries, and gave independence to ours. Whether this will prove a blessing or a curse, will depend upon the use our people make of the blessings which a gracious God hath bestowed on us. If they are wise, they will be great and happy. If they are of a contrary character, they will be miserable. Righteousness alone can exalt them as a nation.’
‘It was in the midst of this magnificent debate,’ says his biographer, Mr. Wirt, ‘while he was descanting on the tyranny of the obnoxious act, that he exclaimed in a voice of thunder, “Cæsar had his Brutus—Charles the First his Cromwell—and George the Third”—(“Treason,” cried the speaker; “Treason, treason,” echoed from every part of the house: it was one of those trying moments which are decisive of character. Henry faltered not for an instant; but rising to a loftier attitude, and fixing on the speaker an eye of the most determined fire, he finished his sentence with the firmest emphasis,)—“may profit by their example. If this be treason, make the most of it.”’
In the province of Massachusetts the dissatisfaction at the passing the stamp act was strong, and was strongly manifested. On the meeting of the legislature in May, it was recommended that there should be an early meeting of committees from the houses of representatives or burgesses in the several colonies, to consult together on their grievances and devise some plan for their relief. In accordance with the views of the Massachusetts legislature, the proposed convention was held at New York in October, and consisted of twenty-eight delegates from the assemblies of the colonies, excepting the assemblies of Virginia, North Carolina, and Georgia, which were either not in session, or were otherwise prevented from sending representatives. Timothy Ruggles of Massachusetts was chosen president. A declaration of rights and grievances was adopted. A petition to the king, and a memorial to each house of parliament were also agreed on; and it was recommended to the several colonies to appoint special agents, who should unite their utmost endeavors in soliciting redress.