The Revenue Bill presented to Parliament in February 1764 contained provisions bound for trouble. It reduced the long-ignored duty on molasses, the fulcrum of New England commerce, but required that collection of a new duty of 3d. a gallon be enforced; it removed trials of suspected violators from common-law courts, with juries of fellow-citizens not inclined to convict, to a special non-jury Admiralty Court in Halifax, with judges not readily bribed by colonial merchants and where the accused would have to travel to defend his case. The Bill did not disguise but proclaimed that its purpose was “to raise a revenue in America for defraying the expenses of defending, protecting and securing the same.” This was its red flag. Yet it was plain that while the Crown’s right to regulate trade was more or less fitfully acknowledged by the Americans, they were bent on denying the right of taxation for revenue except by themselves. More compelling was their fear of a ruined trade, profitable while customs duties had long been hardly more than a fiction, but with no margin of profit left under an enforced duty of 3d. a gallon.
The colonies’ agents in England had already made the point that a dwindling trade would be of no benefit to Britain and insisted that molasses could not tolerate a duty of more than a penny a gallon although merchants might “silently acquiesce” to 2d.* Locally, the assemblies of Massachusetts and New York were already growling about violation of their “natural rights” in the principle of taxation and urging Connecticut and Rhode Island to join in protesting a “Mortal Wound to the Peace of these Colonies.” They resisted the principle as strongly as the actual threat to the pocket because they believed that acceptance of a precedent in parliamentary taxation would open the way to future taxes and other impositions. Colonial opinion, however, was at this stage meagerly reported, or regarded, in London.
The Board of Trade fixed the duty at 3d. and the Revenue Bill (generally known afterward as the Sugar Act) was enacted by Parliament in April 1764 with only one negative vote, by a member named John Huske, who had been born in Boston.
The Act carried a sting in its tail—as yet only in embryo—in the announcement of a projected Stamp Tax to follow. This was no horrendous device to torture Americans but one of numerous ad hoc levies used in England, in this case, a tax on letters, wills, contracts, bills of sale and other mailed or legal documents. Grenville inserted the advance notice because he was indeed aware of a lurking question about Parliament’s right to tax unrepresented subjects, which he himself considered beyond question, and he hoped “in God’s name” that it would not be made an issue in Parliament. A premise of England’s government in an age tired of struggle was to maintain a wide base of acceptable policy that would awake no sleeping dogs, the eternal wish for “consensus.” Grenville was less concerned about colonial reaction than about disturbance of a nicely reliable Parliament. He embodied notice of the Stamp Tax in the Revenue Bill, perhaps hoping that enactment would establish without fuss the principle of Parliament’s right to impose a revenue tax, or he may have intended a hint to the colonies to tax themselves, though his subsequent actions do not bear this out. A more Machiavellian motive has been advanced in the suggestion that he knew the notice would incite such bellows of colonial protest as would unite Parliament in angry assertion of its sovereignty.
The cry was indeed loud and unrestrained, but by the time it was heard, England’s attention was absorbed in an issue that awoke every sleeping dog in the country—the Wilkes case. Not that John Wilkes diverted attention from America, because there was little as yet to divert. The measures of 1763–64 were not unreasonable, nor were they folly per se, except in failing to take into account the quality, the temperament and the vital local concerns of the people to whom they applied. But heeding local concerns is not in the nature of an imperial government. The colonists were not a primitive “fluttered folk and wild” but offspring of exceptionally strong-minded and enterprising dissidents of the British breed. Essentially, the problem was attitude. The British behaved—and what is more, thought—in imperial terms as governors to the governed. The colonials considered themselves equals, resented interference and sniffed tyranny in every breeze coming over the Atlantic.
Liberty was the most intense political sentiment of the time. Government was disliked; although the streets of London were beset by assault and robbery, resistance to a police force was strong, and when Lord Shelburne was to suggest, after the days of violence, flames and deaths during the Gordon riots of 1780, that the time had come for an organized police, he was regarded as advocating a thing only suitable to French absolutism. The idea of a census was considered an intolerable intrusion. Providing information to “place-men and taxmasters,” it was denounced by a Member of Parliament in 1753 as “totally subversive of the last remains of English liberty.” If any officer should demand information about his household and family he would refuse it and if the officer persisted he would have him thrown into the horsepond. It was sentiments such as these that animated the fervor with regard to taxation and Wilkes.
The Wilkes case, which blew up into a constitutional issue of alarming virulence, was important for America because it was to create allies in the cause of “liberty.” Because parliamentary rights, represented by Wilkes, and American rights were both seen as issues of liberty, those who became opponents of the government in the Wilkes affair became ipso facto friends of the American cause. John Wilkes himself was an M.P. and a coarse but witty man-about-town of the type that gains notoriety by being abusive. In 1763 in his journal, The North Briton, he published a ferocious attack on the terms of the settlement with France of the Seven Years’ War laced with insults to the King. He was arrested under a general warrant on a charge of seditious libel and imprisoned in the Tower. Chief Justice Pratt (the future Lord Camden) ordered his release on grounds of his parliamentary privilege. Expelled from the House of Commons by the government majority he fled to France, while in England he was tried in absentia for libel of the King and, irrelevantly, for obscenity for privately publishing a pornographic Essay on Women, which his erstwhile friend Lord Sandwich insisted on reading aloud word for word in the House of Lords.
These attentions secured Wilkes’ conviction and sentence of outlawry and succeeded in raising a crisis when parliamentary opposition, now free of defending the man, rallied around a resolution declaring his arrest by general warrant illegal. When it was barely defeated by a government majority that sank to fourteen, the vote revealed the weakness of patronage when the House scented abuse of its rights. The King angrily ordered Grenville to dismiss all the renegade voters who held positions in the royal household or in the ministry, thus creating a nucleus of opposition that was to grow. George III was not the most astute politician.
2. “Asserting a Right You Know You Cannot Exert”: 1765
The Stamp Tax, introduced by Grenville in 1765, will be remembered “as long as the globe lasts.” So proclaimed Macaulay in one of his bugle calls to historical grandeur. It was the act, he wrote, destined to “produce a great revolution, the effects of which will long be felt by the whole human race,” and he blamed Grenville for not foreseeing the consequences. That is hindsight; even the colonies’ agents did not foresee them. But enough information was available to the English to forecast determined resistance by the Americans and prospects of serious trouble.
Reports were now being received and published in the London Chronicle and other journals of colonial resentment of the Sugar Act and indignation at the proposed Stamp Tax. Emphatic protests were delivered by Massachusetts, Rhode Island, New York, Connecticut, Pennsylvania, Virginia and South Carolina, each affirming the “right” to tax itself and denying Parliament’s right. The fallacy inherent in the British Government’s position was laid bare by the ill-fated Thomas Hutchinson, Lieutenant-Governor of Massachusetts, who was to suffer so much worse from his colony than he deserved. He pointed out in a treatise, of which he sent copies to the government in London, that revenue was a fallacious goal because England’s natural profit from colonial tr
ade, which would be endangered by ill-will, was greater than any prospective yield from the tax. A tragic figure, vilified by one side and ignored by the other, Hutchinson thus early identified England’s folly. It was evident also to others. Benjamin Franklin noted in a memorandum to himself that while Americans at present loved British modes, customs and manufactures, “A disgust of these will ensue. Trade will suffer more than the tax profits.” He added a thought that should have been a creed for the British government: “Everything one has a right to do is not best to be done.” This in essence was to be the Burke thesis: that principle does not have to be demonstrated when the demonstration is inexpedient.
By the time the protests and petitions were received in London—the eastbound crossing took anywhere from four to six weeks, and it took longer the other way—Grenville was preparing the Stamp Act. Anxious to prevent it, four of the agents, Benjamin Franklin, Richard Jackson, Charles Garth, an M.P. agent for Maryland and South Carolina, and Jared Ingersoll, newly arrived from Connecticut, waited on him in a body. Discussion focused on the alternative of the colonies taxing themselves. Asked by Grenville if they could state how much each was prepared to raise, the agents, uninstructed on that point, could give no answer, and Grenville did not really want one. What he wanted was to establish Parliament’s right to tax for now and thereafter. He avoided pressing the question and remained deliberately vague in responding to the agents’ queries about the amounts needed.
Here at the very start was the feasible alternative. If revenue from the colonies to pay the cost of their defense was what Britain wanted—which was reasonable enough—she could and should have put it to the colonies to raise it themselves. They were prepared to respond. The Massachusetts Assembly petitioned Governor Francis Bernard in 1764 for a special session to enable the colony to tax itself rather than be taxed by Parliament, but the Governor, though he favored that procedure, refused because he thought it would be useless without specific requisitions from Grenville. Pennsylvania instructed its agent in London to signify its willingness to raise revenue if requested in a regular manner for a specific sum. “Most of the colonies,” according to the agent Charles Garth, “had signified their inclinations to assist their Mother Country upon proper requisitions from hence.”
The firmness of colonial objection was made equally explicit. When Thomas Whately, the Treasury Secretary and M.P. responsible for drafting the Stamp bill, asked the agents for likely American reactions, they told him the tax was neither “expedient” nor “prudent.” Ingersoll of Connecticut said the New England colonies were “filled with the most dreadful apprehensions of such a step’s taking place,” and if it did, many gentlemen of property had said they would “remove themselves with their families and fortunes into some foreign Kingdom.” Whately was unimpressed because, as he said indisputably, “some taxes are absolutely necessary.” He was to hear more. Britain’s own representative, the Royal Governor of Rhode Island, Stephen Hopkins, stated in a published pamphlet, The Rights of the Colonies Examined, the fixed opposition of His Majesty’s American subjects to taxation except “by their own representatives as Your Majesty’s other free subjects are.” The Rhode Island Assembly sent his pamphlet to their agent in London along with a petition to the King confirming its sentiments. The New York Assembly likewise, in petitions to the King and to both Houses of Parliament, expressed its “most earnest Supplication” that apart from necessary regulation of trade, Parliament should “leave it to the legislative power of the Colony to impose all other Burthens upon its own people which the publick Exigencies require.”
The evidence was ample that taxation by Parliament would meet adamant resistance in the colonies. It was ignored because the policymakers regarded Britain as sovereign and the colonials as subjects, because Americans were not taken too seriously, and because Grenville and his associates, having some doubts themselves as to the rights in the case, wanted to obtain the revenue in a way that would establish Parliament’s eminent domain. It was a classic and ultimately self-defeating case of proceeding against all negative indications. Grenville made no formal “requisitions from hence” upon the colonies to tax themselves and by rejecting this alternative opened the path to the Revolution.
In Parliament, the colonial petitions were rejected unheard on the ground that they concerned a money bill for which petitions were disallowed. Jackson and Garth spoke in the House denying Parliament’s right to tax “until or unless the Americans are allowed to send Members to Parliament.” Rising to answer, the President of the Board of Trade, Charles Townshend, soon to be a critical figure in the conflict, provoked the first moment of excitement in the American drama. Shall the Americans, he asked, “children planted by our Arms, shall they grudge to contribute their mite to relieve us from the heavy weight of that burden we lie under?”
Unable to contain himself, Colonel Isaac Barré, a fierce one-eyed former soldier who had fought with Wolfe and Amherst in America, sprang to his feet. “They planted by your Care? No! Your Oppressions planted ’em in America.… They nourished up by your Indulgence? They grew up by your neglect of ’em.… They protected by your arms? They have nobly taken up arms in your defence.… And believe me, and remember that I this day told you so, that same spirit of freedom which actuated that people at first, will accompany them still.… They are a people jealous of their liberties and who will vindicate them if ever they should be violated—but the Subject is too delicate and I will say no more.” These sentiments, recorded Ingersoll, were thrown out so spontaneously, “so forcibly and firmly, and the breaking off so beautifully abrupt, that the whole House sat awile as Amazed, intently looking and without answering a Word.” It may have been the first moment when perhaps a few realized what loomed ahead.
Barré, who looked on the world with a “savage glare” from a face scarred by the bullet that took out his eye at Quebec, was to become one of the leading defenders of America and orators of the Opposition. Of Huguenot ancestry, born in Dublin and educated at Dublin’s Trinity College (described by the father of Thomas Sheridan as “half bear garden and half brothel”), he had left the Army when his promotion was blocked by the King and was elected to Parliament through the influence of Lord Shelburne, Irish-born like himself. His staunch support of America, joined with that of another champion, of a sort, is commemorated in the town of Wilkes-Barre, Pennsylvania.
A more explicit warning was heard at the second reading, when General Conway warmly protested the exclusion of the colonial petitions and moved that they be heard. “From whom unless from themselves are we to learn the circumstances of the colonies,” he asked, “and the fatal consequences that may attend the imposing of this tax?” His motion was of course rejected by the well-schooled majority. A professional soldier, he seems to have been the first to glimpse a possibility of “fatal consequences.” He was a cousin and close friend of Horace Walpole, a handsome, likable, honorable man, who, having voted against the government in the Wilkes case, was one of those deprived by royal vindictiveness of a court post and also of command of his regiment, on which he depended for income. Nevertheless, he refused financial assistance from friends and joined with Barré, Richard Jackson and Lord Shelburne in the nucleus of those who were beginning to oppose the Government’s American policy and who met in association under Shelburne’s roof.
The Earl of Shelburne, 32 at this time, was the most able of Pitt’s disciples and after him the most independent-minded among the ministers, perhaps because he escaped schooling at Westminster or Eton, although his early education in Ireland, he said, was “neglected to the greatest degree.” Considered too clever and known as “the Jesuit,” he was disliked and mistrusted by colleagues. Needed for his talent, he was never to be long out of office and, despite mistrust, was to reach the premiership in 1782 in time to negotiate the treaty confirming American independence. The dislike he inspired may have sprung from fear of his ideas, which tended to be cynical about men and progressive in policy. He voted against the expu
lsion of Wilkes, favored Catholic emancipation, free trade and even, in contrast to Burke, the French Revolution when it came.
While owner of enormous rent-rolls in Ireland and England, and one of the richest absentee proprietors of Irish land, he was the only minister, according to Jeremy Bentham, who did not fear the people, and the first, according to Disraeli, to comprehend the rising importance of the middle class. He conformed to noble style in having his country estate landscaped by Capability Brown, his town house designed by Robert Adam and his portrait painted by Joshua Reynolds, several times. He went beyond it in amassing a vast library of books, maps and manuscripts, whose sale at auction after his death lasted 31 days, and a collection of historical documents bought for the nation by a special grant of Parliament. Like Pitt and Burke, he had no trouble discerning the inexpediency of coercing America, and no hesitation in warning against it.
At its third reading, the Stamp Tax, the first direct tax ever levied on America, was enacted by 249 to 49, the usual five-to-one majority, by whom, says Horace Walpole, it was “little understood … and less attended to.” The professionals understood it well enough. It was the “great measure” of the session, said Whately, because it established “the Right of Parliament to lay an internal tax upon the Colonies.” A colleague, Edward Sedgewick, Under-Secretary of State, acknowledged that it had been done deliberately, in the face of strong resolutions by the American assemblies, “because it was thought to establish the Right by a new execution of it.”
The March of Folly Page 20
