The Student's Life of Washington; Condensed from the Larger Work of Washington Irving. Washington Irving
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open ships, stores and private dwellings, in quest of articles that had paid no duty; and to call the assistance of others in the discharge of their odious task. The merchants opposed the execution of the writ on constitutional grounds. The question was argued in court, where James Otis spoke so eloquently in vindication of American rights that all his hearers went away ready to take arms against writs of assistance. Another ministerial measure was to instruct the provincial governors to commission judges. Not as theretofore "during good behavior," but "during the king's pleasure." New York was the first to resent this blow at the independence of the judiciary. The lawyers appealed to the public through the press against an act which subjected the halls of justice to the prerogative. Their appeals were felt beyond the bounds of the province, and awakened a general spirit of resistance.
Thus matters stood at the conclusion of the war. One of the first measures of ministers, on the return of peace, was to enjoin on all naval officers stationed on the coasts of the American colonies the performance, under oath, of the duties of custom-house officers, for the suppression of smuggling. This fell ruinously upon a clandestine trade which had long been connived at between the English and Spanish colonies, profitable to both, but especially to the former, and beneficial to the mother country, opening a market to her manufactures. As a measure of retaliation the colonists resolved not to purchase British fabrics, but to clothe themselves as much as possible in home manufactures. The demand for British goods in Boston alone was diminished upwards of £10,000 sterling in the course of a year.
In 1764 George Grenville, now at the head of government, ventured upon the policy from which Walpole [his predecessor] had wisely abstained. Early in March the eventful question was debated, "whether they had a right to tax America." It was decided in the affirmative. Next followed a resolution, declaring it proper to charge certain stamp duties in the colonies and plantations, but no immediate step was taken to carry it into effect. Mr. Grenville, however, gave notice to the American agents in London that he should introduce such a measure on the ensuing session of Parliament. In the meantime Parliament perpetuated certain duties on sugar and molasses—heretofore subjects of complaint and opposition—now reduced and modified so as to discourage smuggling, and thereby to render them more productive. Duties, also, were imposed on other articles of foreign produce or manufacture imported into the colonies. To reconcile the latter to these impositions, it was stated that the revenue thus raised was to be appropriated to their protection and security; in other words, to the support of a standing army, intended to be quartered upon them. We have here briefly stated but a part of what Burke terms an "infinite variety of paper chains," extending through no less than twenty-nine acts of Parliament, from 1660 to 1764, by which the colonies had been held in thraldom.
The New Englanders were the first to take the field against the project of taxation. They denounced it as a violation of their rights as freemen; of their chartered rights, by which they were to tax themselves for their support and defence; of their rights as British subjects, who ought not to be taxed but by themselves or their representatives. They sent petitions and remonstrances on the subject to the king, the lords and the commons, in which they were seconded by New York and Virginia. All was in vain. In March, 1765, the act was passed, according to which all instruments in writing were to be executed on stamped paper, to be purchased from the agents of the British government. What was more, all offences against the act could be tried in any royal, marine or admiralty court throughout the colonies, however distant from the place where the offence had been committed; thus interfering with that most inestimable right, a trial by jury.
It was an ominous sign that the first burst of opposition to this act should take place in Virginia. That colony had hitherto been slow to accord with the republican spirit of New England. Founded at an earlier period of the reign of James I., before kingly prerogative and ecclesiastical supremacy had been made matters of doubt and fierce dispute, it had grown up in loyal attachment to king, church, and constitution; was aristocratical in its tastes and habits, and had been remarked above all the other colonies for its sympathies with the mother country. Moreover, it had not so many pecuniary interests involved in these questions as had the people of New England, being an agricultural rather than a commercial province; but the Virginians are of a quick and generous spirit, readily aroused on all points of honorable pride, and they resented the stamp act as an outrage on their rights.
Washington occupied his seat in the House of Burgesses, when, on the 29th of May, the stamp act became a subject of discussion. Among the Burgesses sat Patrick Henry, a young lawyer who had recently distinguished himself by pleading against the exercise of the royal prerogative in church matters, and who was now for the first time a member of the House. Rising in his place, he introduced his celebrated resolutions, declaring that the General Assembly of Virginia had the exclusive right and power to lay taxes and impositions upon the inhabitants, and that whoever maintained the contrary should be deemed an enemy to the colony. The speaker, Mr. Robinson, objected to the resolutions, as inflammatory. Henry vindicated them, as justified by the nature of the case; went into an able and constitutional discussion of colonial rights, and an eloquent exposition of the manner in which they had been assailed.
The resolutions were modified, to accommodate them to the scruples of the speaker and some of the members, but their spirit was retained. The Lieutenant-governor (Fauquier), startled by this patriotic outbreak, dissolved the Assembly, and issued writs for a new election; but the clarion had sounded.
Washington returned to Mount Vernon full of anxious thoughts inspired by the political events of the day, and the legislative scene which he witnessed. His recent letters had spoken of the state of peaceful tranquillity in which he was living; those now written from his rural home show that he fully participated in the popular feeling, and that while he had a presentiment of an arduous struggle, his patriotic mind was revolving means of coping with it. In the meantime, from his quiet abode at Mount Vernon, he seemed to hear the patriotic voice of Patrick Henry, which had startled the House of Burgesses, echoing throughout the land, and rousing one legislative body after another to follow the example of that of Virginia. At the instigation of the General Court or Assembly of Massachusetts, a Congress was held in New York in October, composed of delegates from Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina. In this they denounced the acts of Parliament imposing taxes on them without their consent, and extending the jurisdiction of the courts of admiralty, as violations of their rights and liberties as natural born subjects of Great Britain, and prepared an address to the king, and a petition to both Houses of Parliament, praying for redress. Similar petitions were forwarded to England by the colonies not represented in the Congress.
The very preparations for enforcing the stamp act called forth popular tumults in various places. In Boston the stamp distributor was hanged in effigy; his windows were broken; a house intended for a stamp office was pulled down, and the effigy burnt in a bonfire made of the fragments. In Virginia, Mr. George Mercer had been appointed distributor of stamps, but on his arrival at Williamsburg publicly declined officiating. It was a fresh triumph to the popular cause. The bells were rung for joy; the town was illuminated, and Mercer was hailed with acclamations of the people. The 1st of November, the day when the act was to go into operation, was ushered in with portentous solemnities. There was great tolling of bells and burning of effigies in the New England colonies. At Boston the ships displayed their colors but half-mast high. Many shops were shut; funeral knells resounded from the steeples, and there was a grand auto-da-fe, in which the promoters of the act were paraded, and suffered martyrdom in effigy. At New York the printed act was carried about the streets on a pole, surmounted by a death's head, with a scroll bearing the inscription, "The folly of England and ruin of America."
These are specimens of the marks of popular reprobation with which the stamp act was universally nullified. No one would venture to carry it into execution. In fact no stamped paper was to be seen; all had been either destroyed or concealed. All transactions which required stamps to give them validity were suspended, or were executed by private compact. The courts of justice were closed, until at length some conducted their business without stamps. Union was becoming the watch-word. The merchants of New York, Philadelphia, Boston, and such other colonies as had ventured publicly to oppose the stamp act, agreed to import no more British manufactures after the 1st of January unless it should be repealed. So passed away the year 1765.
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