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CHAPTER XIII.
COLONIAL DISCONTENTS

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Tidings of peace gladdened the colonies in the spring of 1763. The definite treaty between England and France had been signed at Fontainbleau. Now, it was trusted, there would be an end to these horrid ravages that had desolated the interior of the country. The month of May proved the fallacy of such hopes. In that month the famous insurrection of the Indian tribes broke out, which, from the name of the chief who was its prime mover and master-spirit, is commonly called Pontiac's war. The Delawares and Shawnees, and other of those emigrant tribes of the Ohio, among whom Washington had mingled, were foremost in this conspiracy. Some of the chiefs who had been his allies had now taken up the hatchet against the English. The plot was deep laid, and conducted with Indian craft and secrecy. At a concerted time an attack was made upon all the posts from Detroit to Fort Pitt (late Fort Duquesne). Several of the small stockaded forts, the places of refuge of woodland neighborhoods, were surprised and sacked with remorseless butchery. The frontiers of Pennsylvania, Maryland and Virginia were laid waste; and a considerable time elapsed before the frontier was restored to tolerable tranquility.

Fortunately, Washington's retirement from the army prevented his being entangled in this savage war, which raged throughout the regions he had repeatedly visited, or rather his active spirit had been diverted into a more peaceful channel, for he was at this time occupied in the enterprise just noticed, for draining the great Dismal Swamp.

Public events were now taking a tendency which, without any political aspirations or forethought of his own, was destined gradually to bear him away from his quiet home and individual pursuits, and launch him upon a grander and wider sphere of action than any in which he had hitherto been engaged.

Whatever might be the natural affection of the colonies for the mother country – and there are abundant evidences to prove that it was deep-rooted and strong – it had never been properly reciprocated. They yearned to be considered as children; they were treated by her as changelings. Her navigation laws had shut their ports against foreign vessels; obliged them to export their productions only to countries belonging to the British crown; to import European goods solely from England, and in English ships; and had subjected the trade between the colonies to duties. All manufactures, too, in the colonies that might interfere with those of the mother country had been either totally prohibited or subjected to intolerable restraints. The acts of Parliament imposing these prohibitions and restrictions had at various times produced sore discontent and opposition on the part of the colonies. There was nothing, however, to which the jealous sensibilities of the colonies were more alive than to any attempt of the mother country to draw a revenue from them by taxation. From the earliest period of their existence they had maintained the principle that they could only be taxed by a Legislature in which they were represented.

In 1760 there was an attempt in Boston to collect duties on foreign sugar and molasses imported into the colonies. Writs of assistance were applied for by the custom-house officers, authorizing them to break 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.

The dismissal of Mr. Grenville from the cabinet gave a temporary change to public affairs. The stamp act was repealed on the 18th of March, 1766, to the great joy of the sincere friends of both countries, 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.

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 other 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.

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 of troops were sent from Halifax to overawe the disaffected citizens. It was resolved in a town meeting that the king had no right to send troops thither without the consent of the Assembly. The selectmen accordingly refused to find quarters for the soldiers, and while some encamped on the common, others were quartered, to the great indignation of the public, in Faneuil Hall.]

Throughout these public agitations, Washington endeavored to preserve his equanimity. 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."

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." The result of the correspondence 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 bed-chamber, had recently come out as governor of the province. Junius described him as "a cringing, bowing, fawning, sword-bearing courtier." The words of political satirists, 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 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. 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 royal 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.

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 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.

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.

[In the month of May the General Court of Massachusetts, hitherto prorogued met according to charter. A committee immediately waited on the governor declaring that 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; 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, 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 meantime, 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. 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. 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."

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.

The Student's Life of Washington; Condensed from the Larger Work of Washington Irving

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