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of the Atlantic; the doubts which existed in England about the extent to which the disloyal spirit of New England had permeated the other colonies; the doubts which existed in America about which of the many sections of English public opinion would ultimately obtain an ascendency; and, finally, the weak characters, the divided opinions, the imperfect information, and the extremely ordinary capacities of the English Ministers, must all be taken into account. Had Chatham been at the head of affairs and in the full force of his powers, conciliation might have been possible; but such a policy required a firm hand, an eagle eye, a great personal ascendency. Popular opinion in England, which had supported the repeal of the Stamp Act, and had acquiesced in the repeal of the greater part of Townshend's Act, was now opposed to further concession. England, it was said, had sufficiently humiliated herself. The claims and the language of the colonial agitators excited profound and not unnatural indignation, and every mail from America brought news that New England at least was in a condition of virtual rebellion; that Acts of Parliament were defied and disobeyed with the most perfect impunity; that the representatives of the British Government were habitually exposed to the grossest insult, and reduced to the most humiliating impotence. The utility of colonies to the mothercountry was becoming a doubtful question to some. Ministers, it was said, admitted in Parliament that it might be a great question whether the colonies should not be given up." England, indeed, was plainly staggering under the weight of her empire. In 1774, on the very eve of its gigantic struggle, Parliament resounded with complaints of the magnitude of the peace establishment, and there were loud cries for reduction. It was noticed that the land tax was 1s. higher than in any previous peace establishment; that the Three per Cents., which some

1 Annual Register, 1774, p. 62. The King himself wrote (Nov. 1774): 'We must either master them [the colonies] or totally leave them to themselves, and treat them as aliens.' --Correspondence of George III. i. 216. As early as Jan. 1769 Hussey, the Attorney-General to the Queen, said in Parliament: 'I have my doubts

whether there should ever be a strict union between the colonies and the mother-country; I have doubts whether they are a real service or a burthen to us; but I never had a doubt as to our right to lay an internal tax upon them.'- Cavendish Debates, i. 197.

CH. XII.

COERCIVE ACTS OF PARLIAMENT.

6

397

years ago were above 90, had now fallen to about 86; that the land and malt taxes were almost entirely absorbed by the increased expenditure required for the navy. All this rendered the attitude of the colonies peculiarly irritating. The publication of the letters of Hutchinson produced great indignation among English politicians; and the burning of the Gaspee,' the destruction of tea in Boston harbour, and the manifest connivance of the whole population in the outrage, raised that indignation to the highest point. The time for temporising, it was said, was over. It was necessary to show that England possessed some real power of executing her laws and protecting her officers, and the Ministers were probably supported by a large majority of the English people when they resolved to throw away the scabbard, and to exert all the powers of Parliament to reduce Massachusetts to obedience.

The measures that were taken were very stringent. By one Act the harbour of Boston was legally closed. The Customhouse officers were removed to Salem. All landing, lading, and shipping of merchandise in Boston harbour was forbidden, and English men-of-war were appointed to maintain the blockade. The town, which owed its whole prosperity to its commercial activity, was debarred from all commerce by sea, and was to continue under this ban till it had made compensation to the East India Company for the tea which had been destroyed, and had satisfied the Crown that trade would for the future be safely carried on in Boston, property protected, laws obeyed, and duties regularly paid.2

By another Act, Parliament exercised the power which, as the supreme legislative body of the Empire, Mansfield and other lawyers ascribed to it, of remodelling by its own authority the Charter of Massachusetts. The General Assembly, which was esteemed the legitimate representative of the democratic element in the Constitution, was left entirely untouched; but the Council, or Upper Chamber, which had been hitherto elected by the Assembly, was now to be appointed, as in most of the other colonies of America, by the Crown, and the whole executive power was to cease to emanate from the people. The judges and magistrates of all kinds, including 1 Annual Register, 1774, p. 53. 14 George III. c. 19.

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The duty on tea should especially be at once repealed. It was said that it was an external tax such as the Americans had always professed themselves ready to pay; that port duties had been imposed by Grenville as late as 1764 without exciting any protest, and that it was therefore evident that the claims of the Americans were extending. But the American distinction had always been that they would acknowledge external taxes, which were intended only to regulate trade; but not internal taxes, which were intended to raise revenue. Townshend, with unhappy ingenuity, proved that an external tax could be made to raise revenue like an internal tax, and this purpose was expressly stated in the preamble of the Act. It was just and necessary,' the preamble said, that a revenue should be raised there;' and again, the Commons 'being desirous to make some provision in the present Session of Parliament towards raising the said revenue.' It would also be difficult to conceive a more absurd position than that of the Ministry which retained the tea duty. It was an intelligible policy to force the Americans to support an army for the defence of the Empire; but it was calculated that the duty would at the utmost produce 16,000l. a year, and the Ministry had precluded themselves from the possibility of increasing the revenue. Townshend no doubt had meant to do so; but Lord North had authorised Lord Hillsborough to assure the colonial Governors, in his letter of May 1769, that his Majesty's present Administration have at no time entertained a design to propose to Parliament to lay any further taxes upon America for the purpose of raising a revenue.' 16,000l. a year was therefore the utmost the Ministers expected from a policy which had led England to the brink of an almost inevitable war. But even this was not all. In order to impose this unhappy port duty of 3d. in the pound on the Americans, Parliament had actually withdrawn a duty of 1s. in the pound which had hitherto been paid without question and without difficulty upon exportation from England, and which necessarily fell chiefly, if not wholly, upon those who purchased the tea. • Incredible as it may seem, you have deliberately thrown away a large duty which you held secure and quiet in your hands, for the vain hope of getting three-fourths less, through every hazard, through cer

CH. XII.

POLICY OF BURKE.

395

tain litigation, and possibly through war.' It was said that the duty was merely an assertion of right, like the Declaratory Act of 1766. The answer is to be found in the very preamble of the new Act, which asserted not merely the justice, but also the expediency, of taxing the colonies. A simple repeal was the one possible form of conciliation, for a legislative union between countries 3,000 miles apart was wholly impracticable, and it was absolutely repudiated by the colonies. On the subject of the restrictive trade laws, Burke wisely said as little as possible. He knew that the question could not be raised without dividing the friends of America, and probably without alienating the commercial classes, who were the chief English opponents of American taxation.

Whether the policy of Burke and Chatham would have succeeded is very doubtful. After so much agitation and violence, after the promulgation of so many subversive doctrines in America, and the exhibition of so much weakness and vacillation in England, it could scarcely be expected that the tempest would have been calmed, and that the race of active agitators would have retired peaceably into obscurity. Philosophers in their studies might draw out reasonable plans of conciliation, but pure reason plays but a small part in politics, and the difficulty of carrying these plans into execution was enormous. Party animosities, divisions, and subdivisions; the personal interests of statesmen who wanted to climb into office, and of agitators who wanted to retain or increase their power; the obstinacy of the Court, which was opposed to all concession to the colonies, and no less opposed to a consolidation of parties at home; the spirit of commercial monopoly, which made one class averse to all trade concessions; the heavy weight of the land tax, which made another class peculiarly indignant at the refusal of the colonists to bear the burden of their own defence; the natural pride of Parliament, which had been repeatedly insulted and defied; the anger, the jealousy, and the suspicion which recent events had created on both sides

The East India Company had clearly seen the absurdity of the transaction, and offered that the Government should retain a duty of sixpence in the pound on exporta

tion, provided it consented to repeal the duty of threepence in the pound paid in America. Parl. Hist. xviii 178.

of the Atlantic; the doubts which existed in England about the extent to which the disloyal spirit of New England hai permeated the other colonies; the doubts which existed in America about which of the many sections of English public opinion would ultimately obtain an ascendency; and, finally, the weak characters, the divided opinions, the imperfect information, and the extremely ordinary capacities of the English Ministers, must all be taken into account. Had Chatham been at the head of affairs and in the full force of his powers, conciliation might have been possible; but such a policy required a firm hand, an eagle eye, a great personal ascendency. Popular opinion in England, which had supported the repeal of the Stamp Act, and had acquiesced in the repeal of the greater part of Townshend's Act, was now opposed to further concession. England, it was said, had sufficiently humiliated herself. The claims and the language of the colonial agitators excited profound and not unnatural indignation, and every mail from America brought news that New England at least was in a condition of virtual rebellion; that Acts of Parliament were defied and disobeyed with the most perfect impunity; that the representatives of the British Government were habitually exposed to the grossest insult, and reduced to the most humiliating impotence. The utility of colonies to the mothercountry was becoming a doubtful question to some. Ministers, it was said, admitted in Parliament that it might be a great question whether the colonies should not be given up." England, indeed, was plainly staggering under the weight of her empire. In 1774, on the very eve of its gigantic struggle, Parliament resounded with complaints of the magnitude of the peace establishment, and there were loud cries for reduction. It was noticed that the land tax was 18. higher than in any previous peace establishment; that the Three per Cents., which some

1 Annual Register, 1774, p. 62. The King himself wrote (Nov. 1774): 'We must either master them [the colonies] or totally leave them to themselves, and treat them as aliens.' -Correspondence of George III. i. 216. As early as Jan. 1769 Hussey, the Attorney-General to the Queen, said in Parliament: 'I have my doubts

whether there should ever be a strict union between the colonies and the mother-country; I have doubts whether they are a real service or a burthen to us; but I never had a doubt as to our right to lay an internal tax upon them.'- Cavendish Debates, i. 197.

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