CHAPTER V.

THE ENGLISH COLONIES.

REFERENCES.

General. — G. Bancroft, History of the United States, iii. 50-482; iv. 3-198; R. Hildreth, History of the United States, ii. 514–579; iii. 25–76; Bryant and Gay, Popular History of the United States, iii. 329-376 ; R. Frothingham, Rise of the Republic, pp. 158-401; J. M. Ludlow, The War of American Independence (Epoch Series), pp. 64-103; W. E. H. Lecky, History of England in the Eighteenth Century, iii. Chap. xii. (American Edition); J. A. Doyle, History of the United States, Chaps. xvi., xvii.; John Fiske, The War of Independence, pp. 39-87, and his The American Revolution; W. M. Sloane, The French War and The Revolution (American History Series), pp. 116–187; A. B. Hart, The Formation of the Union, pp. 42-68; Winsor, Narrative and Critical History of America, vi. Chap. i.; E. Channing, The United States, Chaps. i., ii.

Biographies. American Statesmen Series: J. K. Hosmer, Samuel Adams; J. T. Morse, Jr., John Adams; M. C. Tyler, Patrick Henry; H. C. Lodge, George Washington; Woodrow Wilson, George Washington.

Special. For Navigation Acts: Benj. Rand, Economic History since 1763 (New Edition), pp. 1-30. For Stamp Act: American History Leaflets, No. 21; F. M. Etting, Independence Hall (2d Edition), pp. 47-62, Philadelphia, 1891, interesting illustrations; B. J. Lossing, Field-Book of the Revolution, i. 460-474. For Tea Tax: Old South Leaflets, No. 68; B. J. Lossing, Field-Book of the Revolution, i. 496–499.

83. English Policy. (1763-1765.)-The colonists now entered upon a new phase of their history, one which was to lead them into independence of the mother country. This was a conclusion few living at the middle of the eighteenth century could have anticipated. But it is now seen that such a result

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would inevitably follow the policy pursued by the English government. The first step was the claim which the crown made to the territory conquered from the French, particularly that west of the Atlantic settlements, which the colonists felt had been gained chiefly by their own efforts.

Notwithstanding the wars, the colonies had kept on increasing in population and wealth. There were now thirteen of them, and their total population was about 2,000,000. Agriculture and commerce were flourishing, and even manufactures were springing up in various places. England was encumbered with a large debt, the interest on which was a heavy burden. When the British Parliament saw that the colonists had raised so much money to carry on the late war, it naturally thought that the colonists should bear a part of the national burden. The Parliament laid the taxes upon the British people, and it thought it would lay taxes upon the Americans. But there was a great difference between the two cases. In England, law-makers were, or professed to be, elected by the people to represent them, and so the people had a voice in laying their own taxes; but the colonists were not represented in the British Parliament, and so if Parliament laid taxes upon the colonists there would be "taxation without representation," which was contrary to the custom and principles of the colonists. It was only in late years that the matter had assumed any importance, for the colonies had hitherto been so insignificant as to be out of practical consideration.

84. Economic Views of the Eighteenth Century; Navigation Acts. It is important to remember that in the eighteenth century very different views from those now accepted were held by the most liberal-minded men. It was thought essential to control and regulate trade in every way; to close

ports against all foreign shipping was deemed good policy; and that colonies existed for the good of the mother country was an axiom of most governments. It was acknowledged even in the colonies that the king had power to veto bills of the colonial legislatures, and that Parliament had the right to regulate all foreign trade.

As long ago as 1651, when England was under the Commonwealth, the Navigation Acts had been passed. These laws, and others passed in 1660, 1663, and 1672, forbade trade with any country but England, or an English colony, and required that all commerce should be carried on in either English or colonial vessels, thus shutting out all competition, and forcing all foreign goods to come through the English market and be subject to the English duties. But by 1663 so many ships had been built by the colonists, that to protect the British ship-builders, the colonists were forbidden to import any goods except in British-built ships, unless the ship had been built or bought before October, 1662.

85. Restrictions upon Manufactures. (1699-1761.) - The colonial trade was also burdened with heavy restrictions. In William and Mary's reign there was still further interference in regard to the colonial manufactures which were beginning to be established. In this reign, or later, the exportation of hats, paper, leather, iron, and other articles was absolutely forbidden, and in some cases even their manufacture. It is true that these laws were frequently not enforced, and for many years the government officers either did not attempt to carry them out, or were bribed to ignore them. But in 1761 a serious attempt was made to carry out the Navigation Acts, particularly in relation to illicit trade or smug gling. Under this policy the old acts were enforced, and to do it the revenue officers were greatly increased in

REPRESENTATION IN ENGLAND.

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number. They found that a great amount of smuggling was carried on, and to stop this and gain evidence concerning it, they applied to the courts for "writs of assistance" to aid them in their search for smuggled goods. These writs were warrants permitting the revenue officers to search any house for goods, on suspicion only. They "governed all men, were returnable nowhere, gave the officers absolute power, and opened every man's house to their entrance." It was most natural that the colonists should look upon them as illegal. James Otis, a young, able, and eloquent lawyer, appeared before the Superior Court of Massachusetts as the people's advocate, and in the course of his argument used the now familiar phrase, "Taxation without representation is tyranny." The judges reserved their decision until they could learn the practice in England relative to the matter, and on finding that such writs were legal and were used in England, they were forced to affirm their legality in America. The question of legality, however, made no difference in respect to the feeling with which they were regarded. It does not appear that the officers ever dared to make use of the writs.

86. Representation in England. (1761.) In considering the relations between England and the colonies, it must be remembered that the English government at this time was very corrupt, and bribery was recognized, even by the officers of state, as a regular means of securing legislation. The House of Commons no longer represented the English people, for in a population of about 8,000,000, there were less than 175,000 voters. The election districts had not been changed for a very long time, large cities had grown up without any representation at all, and other districts represented a very small population. In one place, Old Sarum, three voters elected two members of Parliament. By this means many members of

Parliament were chosen according to the wish of those of the nobility who were large landlords, and controlled the votes of their tenants. As a matter of fact, for a good part of the eighteenth century the House of Commons was ruled by the House of Lords.1

Notwithstanding that the British Parliament was so little of a representative body, it is likely that most of their measures relating to the colonies were fairly in accord with the common sentiments of the people, for neither the people nor the Parliament understood the real state of affairs.

1

87. Stamp Act. (1765.) Injurious as the navigation laws (sect. 84) had been, the colonies did not dispute the right of Parliament to regulate foreign commerce, and in 1764, at the suggestion of George Grenville, then Prime Minister, an act was passed providing an additional taxation on commerce, in

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the way of increased duties and also increased restriction on trade. The news of this act was received with great disfavor in Massachusetts, which was the centre of trade in America, and unavailing remonstrances against the act were sent to England. In passing the celebrated Stamp Act in 1765, Parliament went still further. This was a measure designed to raise a revenue in the colonies. The act, passed early in the year, was to go into effect in the fall. Under its provisions every legal document, all marriage certificates, all newspapers and almanacs, were to bear a stamp before they could be issued, or, in the case of legal papers, be

SHILLINGS

1 The great William Pitt entered Parliament (1735) as a member for Old Sarum, owing his election to the influence of the noble landowner of that district,