The
Acts of the Imperial Parliament by which
direct taxes were imposed on the American colonies are to be regarded as
the culmination of the series of causes which brought on the revolution.
In
this series of events the most important is, no doubt, the renewal of
the restrictions on colonial trade, enforced soon after the third George
began his reign. Under the old “navigation laws” and “laws of trade” the
colonial produce had to be exported directly to Britain, and thence by
British vessels only, carried to its destination. Similarly, goods for
the colonies had to be brought to Britain and thence to the colonies in
British ships. The American colonies were not allowed to trade even with
other colonies directly. For nearly a
century these odious Acts had been evaded
by an organized and well arranged system of smuggling. The revenue
officers of the Crown were lax in their enforcement of the letter of the
law; consequently the merchants of various states, and chiefly those of
Massachusetts, had grown rich by the illicit traffic, and were
exasperated beyond measure by the attempts of the revenue officers,
under fresh orders, to enforce the laws. Fourteen of the signers of the
Declaration of Independence were engaged in trade which was affected
grievously by these restrictions. At the time
of the Declaration of Independence John Hancock was a respondent in
suits of the Crown to recover £100,000, or over, for alleged infractions
of the trade laws. Thus the questions relative to trade and commerce are
to be regarded as a primary cause of the revolution.
Another primary cause
was the fact that colonial industry and manufacture were restricted. The
colonists were denied the use of natural advantages, such as waterfalls;
they were forbidden the erection of sundry kinds of machinery,
particularly spinning and weaving machines; the king’s arrow was placed
on trees in the forest, which were two feet or over in diameter, at a
height of twelve inches from the ground; the manufacture of sawn lumber,
except for home consumption, was interdicted; the market for dried fish
was cut off. the commerce in sugar and molasses was rudely interrupted;
the most important and profitable avenues of trade were closed to them.
Hence one of the aims of the revolution was to take oft the shackles
which bore heavily on the rising colonies.
The explanation, or
excuse it may be called, for these impositions lies of course in the
opinion held by all Imperial governments at that time, that colonies
existed for the benefit of the Mother Country only. The world has at
last outgrown that doctrine, and we are to-day reaping the benefit of
the removal of restrictions which was accelerated by the shock of the
loss of half a continent. But all nations and governments are to be
judged according to the general standard of enlightenment at the time of
the events under consideration. It is easy to criticise a public policy
when the result of a chain of events has demonstrated it to be wrong.
Before the issue, its wisdom or foolishness is for the most part a
matter of opinion. Had we been a member of Lord North s Government we
would have, no doubt, thought the existing colonial policy a natural and
necessary one; had we made a fortune smuggling tea, wine, or molasses,
we would have, no doubt, thought that same colonial policy vile and
inhuman. Living as we do with a century and a quarter of added
experience, we neither commend its wisdom nor criticise too harshly its
application. Let us be merciful. If we cannot be merciful let us be
fair, and give the devil, on both sides, his due.
We now come to that
question which, as an apple of discord, was rolled around the
parliamentary table for ten long years, and at last plunged the nation
into warfare and led to the dismemberment of the empire: “ Has the
British Parliament power to tax the colonies without giving them
representation in the Imperial Parliament?”
This question may be
considered: Firstly, from a purely legal aspect; secondly, from the
standpoint of expediency; and thirdly, from the moral and ethical side.
As a matter of abstract
right, the Mother Country has never parted with the claim to ultimate
supreme authority of legislation on any matter whatever. This has always
been acknowledged by constitutional lawyers. If the Imperial Parliament
were to resign this ultimate right, the tie that binds the empire would
be dissolved, and the colonies would forthwith become independent
states. It is that right which, along with the acknowledgment of a
common head, makes us a part of the British Empire of which we are so
proud The question of the abstract right of taxation was never disputed;
simply that of taxation without representation. Yet we must remember
that the theory of <f no taxation without representation was not settled
at the time of the Revolutionary War. Many of the important cities of
the United Kingdom, and the large manufacturing districts were not
represented for fifty years after this time; for example, Bristol,
Leeds, Birmingham, Manchester and Glasgow. Yet they did not resort to
arms. Their burdens were heavy, but with the patient loyalty of true
Britons they bore them until the good sense of the present century gave
them a share in the government. Not so the colonies. They enforced their
demands by an appeal to arms.
It would seem,
moreover, as if the moving spirits of the revolution had seized the
enforcement of taxation as an excuse for the unfilial demand of absolute
separation from the Mother Country. On what other supposition can their
haste and violence be accounted for? To what else can their action be
attributed?
Secondly, let us
discuss the action of Britain from the standpoint of expediency. Viewed
in the light of the actual result—the loss of the southern half of this
continent—it would seem as if the Stamp Act and the tea duty were
inexpedient. Yet it may be questioned, if, as the writer is convinced,
the question of taxation was used as an excuse for the Declaration of
Independence, would not the leaders of the revolution have made some
other act of the Mother Country the basis of their agitation ? The
actions of these men at the close of the war did not show that rigorous
adherence to right and justice which they had insisted on so strenuously
before the revolution. The following chapters will prove this point.
But even allowing that
the taxation was inexpedient in the light of the result, was it a fair
demand ? For nearly two centuries the colonies had been watched over by
Britain. They had been defended alike from the encroachments of home
enemies and of foreign foes. For years the French and the Indian had
been repulsed and kept in check. The constant fear of sudden attack and
merciless massacre had been removed. The New England colonies were in a
state of safety and prosperity they had never known before. Under the
superintendency of Sir William Johnson, the Six Nation Indians and their
affiliated tribes lived in a marvellously friendly state with the white
settlers. They had nothing now to fear from their dusky allies. Their
enemies, the French and the tribes of Canadian Indians, were at this
time under the same British rule. The protecting arm which Britain now
extends around the world was furnishing to the colonies that security in
which they contentedly flourished. Even John Otis, one of the most
violent agitators of independence, said in 1763, in the course of a
public speech at Boston, “The true interests of Great Britain and her
colonies are mutual, and what God in his providence hath joined together
let no man put asunder.”
Now, on the other hand,
the burden on the Home Country was enormous. For nearly thirty years
England had been fighting the combined armies of France and Spain, and
at times the allied forces of Europe. The tale of British conquest in
India and in America, is also the tale of the wonderful endurance and
courage of her people. The national debt had been doubled. The people of
the United Kingdom were taxed to the utmost, and still there was
deficit. In this strait she turned to the colonies and levied a duty on
imports, a tax on law stamps, and a tax on tea—the latter being only one
quarter of the rate of revenue duty on tea at home. The colonists
refused to import the taxed articles ; they burned the stamp office, and
a mob of Bostonians forcibly boarded the tea ship Dartmouth and emptied
eight hundred and forty boxes into the sea. Such was the response of the
New England colonies to the request for help of the hard-pressed
Motherland.
Lastly, let us consider
the moral aspect of the case. It was no doubt an assertion, by force of
arms, of the “Right of Rebellion.” It seems also to have been a
triumphant assertion of the “Right of Advantage”— the right to take the
controlling power in a tight predicament; the right to enforce consent
to their demands at a time when the Mother Country could not fairly
defend itself.
The Americans were
successful through a combination of circumstances unfavorable to
Britain, chief of which were: The terrible pressure of the war in the
East; the incompetent Ministry in power at the time; ignorance as to the
real state of affairs in the colonies and as to the methods of colonial
warfare ; and, of course, the insufficient and imperfectly equipped
forces sent to America.
In some cases there may
be a distinct “Right of Revolution,” but surely it is only, as in the
case of the English revolution of 1688, after years of patient waiting
for some great fundamental right, which has been long withheld, and
whose accomplishment there seems no outlook of peacefully gaining.
It seems as if the
United States has been reaping the fruit of this doctrine of the right
to rebel against law and the settled constitution of the land. The sins
of the fathers were visited upon the children in that terrible deluge of
blood in the sixties, which swept from South to North. In this case the
Southern States who wished to withdraw from the Confederacy were the
rebels. In 1776 the secessionists had been the patriots. Assuredly
nothing under the sun is constant, not even the opinions of American
politicians. Within the last two decades there have been over 23,000
separate struggles of labor against capital, in most cases accompanied
by force and violence, and the attempted subversion of lawful authority.
“And it doth not yet appear what there shall be.” Truly, from the seed
of dragon’s teeth sown in the war of rebellion there have sprung up
armed warriors in a great and limitless host, who continue to advocate
the same principles of mutiny and insurrection that fired the hearts of
the revolutionists of the last century with the lust of forbidden power. |