32. The

the colonies

and the parent state.

ish Parliament, to secure the dependence of the colonies, on the one hand, and to draw a revenue from them, on the other.

Parliamentary supremacy was urged in England. Charissue between tered privileges and the guaranties of the British constitution were asserted in America. Thus was presented the original issue between the colonies and the parent state; the question of taxation without representation being rather the occasion than the cause of the rupture between them.

33. The stamp act.

The regular mode of obtaining aids from the several colonies, and the only mode consistent with the nature and principles of their governments, had been to make a distinct requisition on each, through its governor, for a grant of such sum or sums to the king, as it should deem in proportion to its means. Of their ability to contribute to the support of the parent state, the people of each colony had long been entitled to judge for themselves; and their voice had been heard through their chosen representatives in their several legislative assemblies. They had enjoyed this right from the time of their settlement in the country; and as no other mode of taxation, on the basis of representation, had ever been devised, they held it to be of the highest importance to them. They were not unwilling nor had they shown any indisposition, to grant such aids to the crown as were duly proportioned to their means, when called for in the usual constitutional manner.

But the right of parliament to tax the colonies, without their consent, had often been asserted in England, and was now to be put to a test. A revenue was now to be raised by taxing colonial imports, and imposing stamp duties on paper. In 1764, a bill was accordingly passed, imposing duties on goods imported by the colonists from such of the West Indies as did not belong to Great Britain; and in March, 1765, the stamp act was passed, though not without considerable opposition in the British legislature.

The passage of this act, requiring the use of govern

ment stamps, aroused a general feeling of indignation. among the people of the several colonies, to whom the measure appeared as evincing the design of parliament to tax them at pleasure, and without regard to their constitutional and chartered privileges. It furnished the topic of discussion throughout the country; the occasion of tumultuous gatherings and riotous proceedings in Boston; and of hostile and exciting expositions of ministerial designs in the public press.

A plausible pretext was given for this act: 'that a sum might be raised sufficient for the defence of the colonies against a foreign enemy.' This pretext failed to satisfy the colonies. They not only asserted their ability to defend themselves, but denied the right of parliament to tax them at all.

Before the passage of this act, the colonies had sepa- 34. Oppo¿ rately remonstrated, through their several representative sition thereto. agents in London; and now this opposition was strengthened and renewed. In every colony, associations of the people were formed, and agreements were made to prevent the sale of British importations, and thus to encourage domestic productions and home manufactures; by which it was hoped to arouse and enlist the manufacturing interests of England in favor of a repeal of the obnoxious acts.

? 35. Con

The assembly of Virginia was in session when the news of the passage of the act was received; and on the 28th gress of 1765. of May, 1765, passed spirited resolutions, asserting the exclusive right of that colony to tax herself, and preparing the people for systematic opposition.

In relation to matters of common concern, the colonies had long been accustomed to consult the sentiments and wishes of each other. The assembly of Massachusetts accordingly proposed, by resolutions passed on the 6th of June, that a congress of committees from the several colonial assemblies should be convened at New York, on the second Tuesday of October, to consult on the state of the colonies. This proposition was communicated to the other

colonial assemblies; and a committee of each was appointed, and specially instructed as to the objects in view. Committees from the assemblies of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, assembled at the time and place proposed. New Hampshire, Georgia, Virginia and North Carolina, were unrepresented in this body, although concurring in its objects. This congress, or council of nine committees,-each committee representing its own colonial assembly, and all convened for the purpose of petitioning for redress of common grievances,-framed a declaration of the rights of the colonies, a petition to the king, and a memorial to parliament, concerning the measures of which they complained. Assuming, as a fixed and settled principle of the British constitution, that taxation and representation were inseparable, and that the colonies were not, and could not be, represented in parliament, they declared that the exclusive power of taxing the people of the colonies resided in their own colonial legislatures.

36. Om- In March, 1766, after much debating in the British parlianipotence of ment, the repeal of the stamp act was carried; this, howparliament ever, upon passing an act, for securing the dependence of America on Great Britain,-which act declared that the parliament had, and of right ought to have, power to bind the colonies IN ALL CASES WHATSOEVER.

declared.

37. Con- Thus early was the issue distinctly defined and pregress of 1774. sented. The unlimited power of parliament to bind the colonies, in all cases whatsoever, was asserted by Great Britain. This power of parliament was denied by the colonies; and the exclusive right of each to tax itself, in its own colonial assembly, was by each and by all explicitly

affirmed.

The contest, thus begun, engaged the attention of the British legislature and colonial assemblies for many years, parliament persisting in arbitrary measures, and the colonies continuing to oppose them. The propriety of a second general council of the colonies was now become evident to

all; and in May, 1774, the assembly of Massachusetts again took the lead, proposing a congress of delegates from all the provinces, and appointing and instructing five persons, distinguished for their ability and patriotism, to represent Massachusetts in this congress. The example was approved and followed by eleven other colonies, by each of whom a number of delegates were accordingly chosen and commissioned.

This congress, composed of from two to seven delegates on behalf of each colony represented, assembled at Philadelphia on the 5th of September, 1774; and during its session, passed a series of resolutions, proposing such measures as seemed expedient, and recommending to the several colonies the appointment of committees to enforce them. Following very closely in the steps of its predecessor, it also adopted a declaration of rights, an address to the people of Great Britain, and a loyal petition to his majesty: for as yet, not even a desire for independence had been anywhere publicly avowed, and the only object in view was to promote and establish harmony, between Great Britain and the colonies, ON A CONSTITUTIONAL FOUNDATION.' After a session of nearly eight weeks, this congress dissolved itself, recommending to the colonies the election of delegates for another to meet at Philadelphia on the 10th of May, 1775, unless the redress of their common grievances should be before then obtained.

(3 e) OF THE POLITICAL MEASURES OF THE REVOLUTION: AND HEREIN, FIRST,

(1f) OF THE RESUMPTION OF THE POLITICAL SOVEREIGNTY BY THE PEOPLE, PENDING THE REVOLUTION.

38. Right

The right of a people to an independent political existence depends in a measure on relations of fact; of which, of revolution. however, the people themselves are the rightful judge: the original right of men to establish the political state, being

39. Politi

ty resumable

in three ways.

founded in nothing but the principle of self-government; and their right to resume, remodel and revest the political powers, in a word, the right of revolution,-being given by the same original warrant. The political state is but a means to a definite end; and this end, as all admit, is the protection of mankind in the enjoyment of those absolute rights which were vested in them by the immutable laws of nature the right of self-government being one of those absolute rights, and the most important of all, since upon this the enjoyment of the rest depends.

According to the nature and character of the colonial cal sovereign governments, no general authority over all could exist, other than that of the parent state; and no open resistance to this authority could rightfully be made, without a resumption of the political sovereignty by the people themselves, and a delegation of powers by them to their chosen representatives. But this resumption and delegation of the powers of government was possible only in one of three ways: either by the people of the whole country, acting as one people; or by the people of each colony severally, acting by and for themselves as a sovereign and independent community; or else by a confederacy of the colonies-each acting as a sovereign and independent body, and, at the same time, as a member of a larger political organization. In which of these three ways, or by whom, the political sovereignty was actually resumed, it is of primary importance to observe. For to the sovereign or sovereigns, the body or bodies of people, who originally resumed the powers of government, allegiance of course became due.

40. In what

whom the

A period of suspense undoubtedly followed the dissoluway and by tion of the congress of 1774. The question was, would the British government persist in its arbitrary course, and force the colonies to wholly surrender their rights of inwere resumed ternal self-government, or actually resume the political and revested. sovereignty and maintain their rights by the sword? Sub11 Bl. Com. 124.

powers of government