CHAPTER 12. Taxation Without Representation

TAXATION WITHOUT REPRESENTATION

107. George III and George Grenville.--George III became king in 1760. He was a narrow, stupid, well-meaning, ignorant young man of twenty-one. He soon found in George Grenville a narrow, dull, well-meaning lawyer, a man who would do what he was told. So George Grenville became the head of the government. To him the law was the law. If he wished to do a thing and could find the law for it, he asked for nothing more. His military advisers told him that an army must be kept in America for years. It was Grenville's business to find the money to support this army. Great Britain was burdened with a national debt. The army was to be maintained, partly, at least, for the protection of the colonists. Why should they not pay a part of the cost of maintaining it? Parliament was the supreme power in the British Empire. It controlled the king, the church, the army, and the navy. Surely a Parliament that had all this power could tax the colonists. At all events, Grenville thought it could, and Parliament passed the Stamp Act to tax them.

108. Henry's Resolutions, 1765.--The colonists, however, with one voice, declared that Parliament had no power to tax them. Taxes, they said, could be voted only by themselves or their representatives. They were represented in their own colonial assemblies, and nowhere else. Patrick Henry was now a member of the Virginia assembly. He had just been elected for the first time. But as none of the older members of the assembly proposed any action, Henry tore a leaf from an old law-book and wrote on it a set of resolutions. These he presented in a burning speech, upholding the rights of the Virginians. He said that to tax them by act of Parliament was tyranny. "Caesar and Tarquin had each his Brutus, Charles I his Cromwell, and George III"--"Treason, treason," shouted the speaker. "May profit by their example," slowly Henry went on. "If that be treason, make the most of it." The resolutions were voted. In them the Virginians declared that they were not subject to Acts of Parliament laying taxes or interfering in the internal affairs of Virginia.

109. Stamp Act Riots, 1765.--Until the summer of 1765 the colonists contented themselves with passing resolutions. There was little else that they could do. They could not refuse to obey the law because it would not go into effect until November. They could not mob the stamp distributers because no one knew their names. In August the names of the stamp distributers were published. Now at last it was possible to do something besides passing resolutions. In every colony the people visited the stamp officers and told them to resign. If they refused, they were mobbed until they resigned. In Boston the rioters were especially active. They detested Thomas Hutchinson. He was lieutenant-governor and chief justice and had been active in enforcing the navigation acts. The rioters attacked his house. They broke his furniture, destroyed his clothing, and made a bonfire of his books and papers.

110. The Stamp Act Congress, 1765.--Colonial congresses were no new thing. There had been many meetings of governors and delegates from colonial assemblies. The most important of the early congresses was the Albany Congress of 1754. It was important because it proposed a plan of union. The plan was drawn up by Benjamin Franklin. But neither the king nor the colonists liked it, and it was not adopted. All these earlier congresses had been summoned by the king's officers to arrange expeditions against the French or to make treaties with the Indians. The Stamp Act Congress was summoned by the colonists to protest against the doings of king and Parliament.

111. Work of the Stamp Act Congress.--Delegates from nine colonies met at New York in October, 1765. They drew up a "Declaration of the Rights and Grievances of the Colonists." In this paper they declared that the colonists, as subjects of the British king, had the same rights as British subjects living in Britain, and were free from taxes except those to which they had given their consent. They claimed for themselves the right of trial by jury--which might be denied under the Stamp Act. But the most important thing about the congress was the fact that nine colonies had put aside their local jealousies and had joined in holding it.

112. Franklin's Examination.--Born in Boston, Benjamin Franklin ran away from home and settled at Philadelphia. By great exertion and wonderful shrewdness he rose from poverty to be one of the most important men in the city and colony. He was a printer, a newspaper editor, a writer, and a student of science. With kite and string he drew down the lightning from the clouds and showed that lightning was a discharge of electricity. He was now in London as agent for Pennsylvania and Massachusetts. His scientific and literary reputation gave him great influence. He was examined at the bar of the House of Commons. Many questions and answers were arranged beforehand between Franklin and his friends in the House. But many questions were answered on the spur of the moment. Before the passage of the Stamp Act the feeling of the colonists toward Britain had been "the best in the world." So Franklin declared. But now, he said, it was greatly altered. Still an army sent to America would find no rebellion there. It might, indeed, make one. In conclusion, he said the repeal of the act would not make the colonists any more willing to pay taxes.

113. Repeal of the Stamp Act, 1766.--It chanced that at this moment George III and George Grenville fell out. The king dismissed the minister, and gave the Marquis of Rockingham the headship of a new set of ministers. Now Rockingham and his friends needed aid from somebody to give them the strength to outvote Grenville and the Tories. So when the question of what should be done about the Stamp Act came up, they listened most attentively to what Mr. Pitt had to say. That great man said that the Stamp Act should be repealed wholly and at once. At the same time another law should be passed declaring that Parliament had power to legislate for the colonies in all cases whatsoever. The Rockinghams at once did as Mr. Pitt suggested. The Stamp Act was repealed. The Declaratory Act was passed. In the colonies Pitt was praised as a deliverer. Statues of him were placed in the streets, pictures of him were hung in public halls. But, in reality, the passage of the Declaratory Act was the beginning of more trouble.

114. The Townshend Acts, 1767.--The Rockingham ministers did what Mr. Pitt advised them to do. He then turned them out and made a ministry of his own. He was now Earl of Chatham, and his ministry was the Chatham Ministry. The most active of the Chatham ministers was Charles Townshend. He had the management of the finances and found them very hard to manage. So he hit upon a scheme of laying duties on wine, oil, glass, lead, painter's colors, and tea imported into the colonies. Mr. Pitt had said that Parliament could regulate colonial trade. The best way to regulate trade was to tax it. At the same time that Townshend brought in this bill, he brought in others to reorganize the colonial customs service and make it possible to collect the duties. He even provided that offences against the revenue laws should be tried by judges appointed directly by the king, without being submitted to a jury of any kind.

115. Colonial Opposition, 1768.--Many years before this, Parliament had made a law taxing all sugar brought into the continental colonies, except sugar that had been made in the British West Indies. Had this law been carried out, the trade of Massachusetts and other New England colonies would have been ruined. But the law was not enforced. No one tried to enforce it, except during the few months of vigor at the time of the arguments about writs of assistance. As the taxes were not collected, no one cared whether they were legal or not. Now it was plain that this tax and the Townshend duties were to be collected. The Massachusetts House of Representatives drew up a circular letter to the other colonial assemblies asking them to join in opposing the new taxes. The British government ordered the House to recall the letter. It refused and was dissolved. The other colonial assemblies were directed to take no notice of the circular letter. They replied at the first possible moment and were dissolved.

116. The New Customs Officers at Boston, 1768.--The chief office of the new customs organization was fixed at Boston. Soon John Hancock's sloop, Liberty, sailed into the harbor with a cargo of Madeira wine. As Hancock had no idea of paying the duty, the customs officers seized the sloop and towed her under the guns of a warship which was in the harbor. Crowds of people now collected. They could not recapture the Liberty. They seized one of the war-ship's boats, carried it to the Common, and had a famous bonfire. All this confusion frightened the chief customs officers. They fled to the castle in the harbor and wrote to the government for soldiers to protect them.

117. The Virginia Resolves of 1769.--Parliament now asked the king to have colonists, accused of certain crimes, brought to England for trial. This aroused the Virginians. They passed a set of resolutions, known as the Virginia Resolves of 1769. These resolves asserted: (1) that the colonists only had the right to tax the colonists; (2) that the colonists had the right to petition either by themselves or with the people of other colonies; and (3) that no colonist ought to be sent to England for trial.

118. Non-Importation Agreements, 1769.--When he learned what was going on, the governor of Virginia dissolved the assembly. But the members met in the Raleigh tavern near by. There George Washington laid before them a written agreement to use no British goods upon which duties had been paid. They all signed this agreement. Soon the other colonies joined Virginia in the Non-Importation Agreement. English merchants found their trade growing smaller and smaller. They could not even collect their debts, for the colonial merchants said that trade in the colonies was so upset by the Townshend Acts that they could not sell their goods, or collect the money owing to them. The British merchants petitioned Parliament to repeal the duties, and Parliament answered them by repealing all the duties except the tax on tea.