Still, there was a fatal clause in the repeal, which declared that the king, with the consent of Parliament, had power and authority to make laws and statutes of sufficient force and validity to "bind the colonies, and people of America, in all cases whatsoever."
As the people of America were contending for principles, not mere pecuniary interests, this reserved power of the crown and Parliament left the dispute still open, and chilled the feeling of gratitude which the repeal might otherwise have inspired. Further aliment for public discontent was furnished by other acts of Parliament. One imposed duties on glass, pasteboard, white and red lead, painters' colors, and tea; the duties to be collected on the arrival of the articles in the colonies; another empowered naval officers to enforce the acts of trade and navigation. Another wounded to the quick the pride and sensibilities of New York. The mutiny act had recently been extended to America, with an additional clause, requiring the provincial Assemblies to provide the troops sent out with quarters, and to furnish them with fire, beds, candles, and other necessaries, at the expense of the colonies. The Governor and Assembly of New York refused to comply with, this requisition as to stationary forces, insisting that it applied only to troops on a march. An act of Parliament now suspended the powers of the governor and Assembly until they should comply. Chatham attributed this opposition of the colonists to the mutiny act to "their jealousy of being somehow or other taxed internally by the Parliament; the act," said he, "asserting the right of Parliament, has certainly spread a most unfortunate jealousy and diffidence of government here throughout America, and makes them jealous of the least distinction between this country and that, lest the same principle may be extended to taxing them." [Footnote: Chatham's Correspondence, vol. iii., p. 189-192.]
Boston continued to be the focus of what the ministerialists termed sedition. The General Court of Massachusetts, not content with petitioning the king for relief against the recent measures of Parliament, especially those imposing taxes as a means of revenue, drew up a circular, calling on the other colonial Legislatures to join with them in suitable efforts to obtain redress. In the ensuing session, Governor Sir Francis Bernard called upon them to rescind the resolution on which the circular was founded, — they refused to comply, and the General Court was consequently dissolved. The governors of colonies required of their Legislatures an assurance that they would not reply to the Massachusetts circular, — these Legislatures likewise refused compliance and were dissolved. All this added to the growing excitement.
Memorials were addressed to the lords, spiritual and temporal, and remonstrances to the House of Commons, against taxation for revenue, as destructive to the liberties of the colonists; and against the act suspending the legislative power of the province of New York, as menacing the welfare of the colonies in general.
Nothing, however, produced a more powerful effect upon the public sensibilities throughout the country, than certain military demonstrations at Boston. In consequence of repeated collisions between the people of that place and the commissioners of customs, two regiments were held in readiness at Halifax to embark for Boston in the ships of Commodore Hood whenever Governor Bernard, or the general, should give the word, "Had this force been landed in Boston six months ago," writes the commodore, "I am perfectly persuaded no address or remonstrances would have been sent from the other colonies, and that all would have been tolerably quiet and orderly at this time throughout America." [Footnote: Grenville Papers, vol. iv., p. 362.]
Tidings reached Boston that these troops were embarked and that they were coming to overawe the people. What was to be done? The General Court had been dissolved, and the governor refused to convene it without the royal command. A convention, therefore, from various towns met at Boston, on the 22d of September, to devise measures for the public safety; but disclaiming all pretensions to legislative powers. While the convention was yet in session (September 28th), the two regiments arrived, with seven armed vessels. "I am very confident," writes Commodore Hood from Halifax, "the spirited measures now pursuing will soon effect order in America."
On the contrary, these "spirited measures" added, fuel to the fire they were intended to quench. It was resolved in a town meeting that the king had no right to send troops thither without the consent of the Assembly; that Great Britain had broken the original compact, and that, therefore, the king's officers had no longer any business there. [Footnote: Whately to Grenville. Gren. Papers, vol. iv., p. 389.]
The "selectmen" accordingly refused to find quarters for the soldiers in the town; the council refused to find barracks for them, lest it should be construed into a compliance with the disputed clause of the mutiny act. Some of the troops, therefore, which had tents, were encamped on the common; others, by the governor's orders, were quartered in the state-house, and others in Faneuil Hall, to the great indignation of the public, who were grievously scandalized at seeing field-pieces planted in front of the state-house; sentinels stationed at the doors, challenging every one who passed; and, above all, at having the sacred quiet of the Sabbath disturbed by drum and fife, and other military music.
CHAPTER XXIX
CHEERFUL LIFE AT MOUNT VERNON — WASHINGTON AND GEORGE MASON — CORRESPONDENCE CONCERNING THE NON-IMPORTATION AGREEMENT — FEELING TOWARD ENGLAND — OPENING OF THE LEGISLATIVE SESSION — SEMI-REGAL STATE OF LORD BOTETOURT — HIGH-TONED PROCEEDINGS OF THE HOUSE — SYMPATHY WITH NEW ENGLAND — DISSOLVED BY LORD BOTETOURT — WASHINGTON AND THE ARTICLES OF ASSOCIATION.
Throughout these public agitations, Washington endeavored to preserve his equanimity. Removed from the heated throngs of cities, his diary denotes a cheerful and healthful life at Mount Vernon, devoted to those rural occupations in which he delighted, and varied occasionally by his favorite field sports. Sometimes he is duck-shooting on the Potomac. Repeatedly we find note of his being out at sunrise with the hounds, in company with old Lord Fairfax, Bryan Fairfax, and others; and ending the day's sport by a dinner at Mount Vernon, or Belvoir.
Still he was too true a patriot not to sympathize in the struggle for colonial rights which now agitated the whole country, and we find him gradually carried more and more into the current of political affairs.
A letter written on the 5th of April, 1769, to his friend, George Mason, shows the important stand he was disposed to take. In the previous year, the merchants and traders of Boston, Salem, Connecticut, and New York, had agreed to suspend for a time the importation of all articles subject to taxation. Similar resolutions had recently been adopted by the merchants of Philadelphia. Washington's letter is emphatic in support of the measure. "At a time," writes he, "when our lordly masters in Great Britain will be satisfied with nothing less, than the deprivation of American freedom, it seems highly necessary that something should be done to avert the stroke, and maintain the liberty which we have derived from our ancestors. But the manner of doing it, to answer the purpose effectually, is the point in question. That no man should scruple, or hesitate a moment in defence of so valuable a blessing, is clearly my opinion; yet arms should be the last resource — the dernier ressort. We have already, it is said, proved the inefficacy of addresses to the throne, and remonstrances to Parliament. How far their attention to our rights and interests is to be awakened, or alarmed, by starving their trade and manufactures, remains to be tried.
"The northern colonies, it appears, are endeavoring to adopt this scheme. In my opinion, it is a good one, and must be attended with salutary effects, provided it can be carried pretty generally into execution. ... That there will be a difficulty attending it every where from clashing interests, and selfish, designing men, ever attentive to their own gain, and watchful of every turn that can assist their lucrative views, cannot be denied, and in the tobacco colonies, where the trade is so diffused, and in a manner wholly conducted by factors for their principals at home, these difficulties are certainly enhanced, but I think not insurmountably increased, if the gentlemen in their several counties will be at some pains to explain matters to the people, and stimulate them to cordial agreements to purchase none but certain enumerated articles out of any of the stores, after a definite period, and neither import, nor purchase any themselves. ... I can see but one class of people, the merchants excepted, who will not, or ought not, to wish well to the scheme, — namely, they who live genteelly and hospitably on clear estates. Such as these, were they not to consider the valuable object in view, and the good of others, might think it hard to be curtailed in their living and enjoyments."
This was precisely the class to which Washington belonged; but he was ready and willing to make the sacrifices required. "I think the scheme a good one," added he, "and that it ought to be tried here, with such alterations as our circumstances render absolutely necessary."
Mason, in his reply, concurred with him in opinion. "Our all is at stake," said he, "and the little conveniences and comforts of life, when set in competition with our liberty, ought to be rejected, not with reluctance, but with pleasure. Yet it is plain that, in the tobacco colonies, we cannot at present confine our importations within such narrow bounds as the northern colonies. A plan of this kind, to be practicable, must be adapted to our circumstances; for, if not steadily executed, it had better have remained unattempted. We may retrench all manner of superfluities, finery of all descriptions, and confine ourselves to linens, woollens, &c., not exceeding a certain price. It is amazing how much this practice, if adopted in all the colonies, would lessen the American imports, and distress the various trades and manufactures of Great Britain. This would awaken their attention. They would see, they would feel, the oppressions we groan under, and exert themselves to procure us redress. This, once obtained, we should no longer discontinue our importations, confining ourselves still not to import any article that should hereafter be taxed by act of Parliament for raising a revenue in America; for, however singular I may be in the opinion, I am thoroughly convinced, that, justice and harmony happily restored, it is not the interest of these colonies to refuse British manufactures. Our supplying our mother country with gross materials, and taking her manufactures in return, is the true chain of connection between us. These are the bands which, if not broken by oppression, must long hold us together, by maintaining a constant reciprocation of interests."
The latter part of the above quotation shows the spirit which actuated Washington and the friends of his confidence; as yet there was no thought nor desire of alienation from the mother country, but only a fixed determination to be placed on an equality of rights and privileges with her other children.
A single word in the passage cited from Washington's letter, evinces the chord which still vibrated in the American bosom: he incidentally speaks of England as home. It was the familiar term with which she was usually indicated by those of English descent; and the writer of these pages remembers when the endearing phrase still lingered on Anglo-American lips even after the Revolution. How easy would it have been before that era for the mother country to have rallied back the affections of her colonial children, by a proper attention to their complaints! They asked for nothing but what they were entitled to, and what she had taught them to prize as their dearest inheritance. The spirit of liberty which they manifested had been derived from her own precept and example.
The result of the correspondence between Washington and Mason was the draft by the latter of a plan of association, the members of which were to pledge themselves not to import or use any articles of British merchandise or manufacture subject to duty. This paper Washington was to submit to the consideration of the House of Burgesses, at the approaching session in the month of May.
The Legislature of Virginia opened on this occasion with a brilliant pageant. While military force was arrayed to overawe the republican Puritans of the east, it was thought to dazzle the aristocratical descendants of the cavaliers by the reflex of regal splendor. Lord Botetourt, one of the king's lords of the bedchamber, had recently come out as governor of the province. Junius described him as "a cringing, bowing, fawning, sword-bearing courtier." Horace Walpole predicted that he would turn the heads of the Virginians in one way or other. "If his graces do not captivate them he will enrage them to fury; for I take all his douceur to be enamelled on iron." [Footnote: Grenville papers, iv., note to p. 330.] The words of political satirists and court wits, however, are always to be taken with great distrust. However his lordship may have bowed in presence of royalty, he elsewhere conducted himself with dignity, and won general favor by his endearing manners. He certainly showed promptness of spirit in his reply to the king on being informed of his appointment. "When will you be ready to go?" asked George III. "To-night, sir."
He had come out, however, with a wrong idea of the Americans. They had been represented to him as factious, immoral, and prone to sedition; but vain and luxurious, and easily captivated by parade and splendor. The latter foibles were aimed at in his appointment and fitting out. It was supposed that his titled rank would have its effect. Then to prepare him for occasions of ceremony, a coach of state was presented to him by the king. He was allowed, moreover, the quantity of plate usually given to ambassadors, whereupon the joke was circulated that he was going "plenipo to the Cherokees." [Footnote: Whately to Geo. Grenville. Grenville papers.]
His opening of the session was in the style of the royal opening of Parliament. He proceeded in due parade from his dwelling to the capitol, in his state coach, drawn by six milk-white horses. Having delivered his speech according to royal form, he returned home with the same pomp and circumstance.
The time had gone by, however, for such display to have the anticipated effect. The Virginian legislators penetrated the intention of this pompous ceremonial, and regarded it with a depreciating smile. Sterner matters occupied their thoughts; they had come prepared to battle for their rights, and their proceedings soon showed Lord Botetourt how much he had mistaken them. Spirited resolutions were passed, denouncing the recent act of Parliament imposing taxes; the power to do which, on the inhabitants of this colony, "was legally and constitutionally vested in the House of Burgesses, with consent of the council and of the king, or of his governor, for the time being." Copies of these resolutions were ordered to be forwarded by the speaker to the Legislatures of the other colonies, with a request for their concurrence.
Other proceedings of the Burgesses showed their sympathy with their fellow-patriots of New England. A joint address of both Houses of Parliament had recently been made to the king, assuring him of their support in any further measures for the due execution of the laws in Massachusetts, and beseeching him that all persons charged with treason, or misprision of treason, committed within that colony since the 30th of December, 1767, might be sent to Great Britain for trial.
As Massachusetts had no General Assembly at this time, having been dissolved by government, the Legislature of Virginia generously took up the cause. An address to the king was resolved on, stating, that all trials for treason, or misprision of treason, or for any crime whatever committed by any person residing in a colony, ought to be in and before his majesty's courts within said colony; and beseeching the king to avert from his loyal subjects those dangers and miseries which would ensue from seizing and carrying beyond sea any person residing in America suspected of any crime whatever, thereby depriving them of the inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of producing witnesses on such trial.
Disdaining any further application to Parliament, the House ordered the speaker to transmit this address to the colonies' agent in England, with directions to cause it to be presented to the king, and afterwards to be printed and published in the English papers.
Lord Botetourt was astonished and dismayed when he heard of these high-toned proceedings. Repairing to the capitol on the following day at noon, he summoned the speaker and members to the council chamber, and addressed them in the following words: "Mr. Speaker, and gentlemen of the House of Burgesses, I have heard of your resolves, and augur ill of their effects. You have made it my duty to dissolve you, and you are dissolved accordingly."
The spirit conjured up by the late decrees of Parliament was not so easily allayed. The Burgesses adjourned to a private house. Peyton Randolph, their late speaker, was elected moderator. Washington now brought forward a draft of the articles of association, concerted between him and George Mason. They formed the groundwork of an instrument signed by all present, pledging themselves neither to import, nor use any goods, merchandise, or manufactures taxed by Parliament to raise a revenue in America. This instrument was sent throughout the country for signature, and the scheme of non-importation, hitherto confined to a few northern colonies, was soon universally adopted. For his own part, Washington adhered to it rigorously throughout the year. The articles proscribed by it were never to be seen in his house, and his agent in London was enjoined to ship nothing for him while subject to taxation.
The popular ferment in Virginia was gradually allayed by the amiable and conciliatory conduct of Lord Botetourt. His lordship soon became aware of the erroneous notions with which he had entered upon office. His semi-royal equipage and state were laid aside. He examined into public grievances; became a strenuous advocate for the repeal of taxes; and, authorized by his despatches from the ministry, assured the public that such repeal would speedily take place. His assurance was received with implicit faith, and for a while Virginia was quieted.
CHAPTER XXX
HOOD AT BOSTON — THE GENERAL COURT REFUSES TO DO BUSINESS UNDER MILITARY SWAY — RESISTS THE BILLETING ACT — EFFECT OF THE NON-IMPORTATION ASSOCIATION — LORD NORTH PREMIER — DUTIES REVOKED EXCEPT ON TEA — THE BOSTON MASSACRE — DISUSE OF TEA — CONCILIATORY CONDUCT OF LORD BOTETOURT — HIS DEATH.
"The worst is past, and the spirit of sedition broken," writes Hood to Grenville, early in the spring of 1769. [Footnote: Grenville Papers, vol. iii.] When the commodore wrote this, his ships were in the harbor, and troops occupied the town, and he flattered himself that at length turbulent Boston was quelled. But it only awaited its time to be seditious according to rule; there was always an irresistible "method in its madness."
In the month of May, the General Court, hitherto prorogued, met according to charter. A committee immediately waited on the governor, stating it was impossible to do business with dignity and freedom while the town was invested by sea and land, and a military guard was stationed at the state-house, with cannon pointed at the door; and they requested the governor, as his majesty's representative, to have such forces removed out of the port and gates of the city during the session of the Assembly.
The governor replied that he had no authority over either the ships or troops. The court persisted in refusing to transact business while so circumstanced, and the governor was obliged to transfer the session to Cambridge. There he addressed a message to that body in July, requiring funds for the payment of the troops, and quarters for their accommodation. The Assembly, after ample discussion of past grievances, resolved, that the establishment of a standing army in the colony in a time of peace was an invasion of natural rights; that a standing army was not known as a part of the British constitution, and that the sending an armed force to aid the civil authority was unprecedented, and highly dangerous to the people.
After waiting some days without receiving an answer to his message, the governor sent to know whether the Assembly would, or would not, make provision for the troops. In their reply, they followed the example of the Legislature of New York, in commenting on the mutiny, or billeting act, and ended by declining to furnish funds for the purposes specified, "being incompatible with their own honor and interest, and their duty to their constituents." They were in consequence again prorogued, to meet in Boston on the 10th of January.
So stood affairs in Massachusetts. In the mean time, the non-importation associations, being generally observed throughout the colonies, produced the effect on British commerce which Washington had anticipated, and Parliament was incessantly importuned by petitions from British merchants, imploring its intervention to save them from ruin.
Early in 1770, an important change took place in the British cabinet. The Duke of Grafton suddenly resigned, and the reins of government passed into the hands of Lord North. He was a man of limited capacity, but a favorite of the king, and subservient to his narrow colonial policy. His administration, so eventful to America, commenced with an error. In the month of March, an act was passed, revoking all the duties laid in 1767, excepting that on tea. This single tax was continued, as he observed, "to maintain the parliamentary right of taxation," — the very right which was the grand object of contest. In this, however, he was in fact yielding, against his better judgment, to the stubborn tenacity of the king.
He endeavored to reconcile the opposition, and perhaps himself, to the measure, by plausible reasoning. An impost of threepence on the pound could never, he alleged, be opposed by the colonists, unless they were determined to rebel against Great Britain. Besides, a duty on that article, payable in England, and amounting to nearly one shilling on the pound, was taken off on its exportation to America, so that the inhabitants of the colonies saved ninepence on the pound.
Here was the stumbling-block at the threshold of Lord North's administration. In vain the members of the opposition urged that this single exception, while it would produce no revenue, would keep alive the whole cause of contention; that so long as a single external duty was enforced, the colonies would consider their rights invaded, and would remain unappeased. Lord North was not to be convinced; or rather, he knew the royal will was inflexible, and he complied with its behests. "The properest time to exert our right of taxation," said he, "is when the right is refused. To temporize is to yield; and the authority of the mother country, if it is now unsupported, will be relinquished for ever: a total repeal cannot be thought of, till America is prostrate at our feet." [Footnote: Holmes's Amer. Annals, vol. ii., p. 173.]
On the very day in which this ominous bill was passed in Parliament, a sinister occurrence took place in Boston. Some of the young men of the place insulted the military while under arms; the latter resented it; the young men, after a scuffle, were put to flight, and pursued. The alarm bells rang, — a mob assembled; the custom-house was threatened; the troops, in protecting it, were assailed with clubs and stones, and obliged to use their fire-arms, before the tumult could be quelled. Four of the populace were killed, and several wounded. The troops were now removed from the town, which remained in the highest state of exasperation; and this untoward occurrence received the opprobrious, and somewhat extravagant name of "the Boston massacre."
The colonists, as a matter of convenience, resumed the consumption of those articles on which the duties had been repealed; but continued, on principle, the rigorous disuse of tea, excepting such as had been smuggled in. New England was particularly earnest in the matter; many of the inhabitants, in the spirit of their Puritan progenitors, made a covenant to drink no more of the forbidden beverage, until the duty on tea should be repealed.
In Virginia the public discontents, which had been allayed by the conciliatory conduct of Lord Botetourt, and by his assurances, made on the strength of letters received from the ministry, that the grievances complained of would be speedily redressed, now broke out with more violence than ever. The Virginians spurned the mock-remedy which left the real cause of complaint untouched. His lordship also felt deeply wounded by the disingenuousness of ministers which had led him into such a predicament, and wrote home demanding his discharge. Before it arrived, an attack of bilious fever, acting upon a delicate and sensitive frame, enfeebled by anxiety and chagrin, laid him in his grave. He left behind him a name endeared to the Virginians by his amiable manners, his liberal patronage of the arts, and, above all, by his zealous intercession for their rights. Washington himself testifies that he was inclined "to render every just and reasonable service to the people whom he governed." A statue to his memory was decreed by the House of Burgesses, to be erected in the area of the capitol. It is still to be seen, though in a mutilated condition, in Williamsburg, the old seat of government, and a county in Virginia continues to bear his honored name.