LITMIR.BIZ

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that to the unspoiled conscience of man as man democracy will ever be the most self-evident of truths. It is the complexity of our civilization that blinds us to its self-evidence, teaching us to acquiesce in irrational privilege as inevitable, and at last to see nothing strange in being ruled by a class, whether of nobles or of mere parliamentarians. But the man who looks at the world with the terrible eyes of his first innocence can never see an unequal law as anything but an iniquity, or government divorced from the general will as anything but usurpation.

      CHAPTER II

      ARMS AND THE RIGHTS OF MAN

      Such was roughly the position of the thirteen English colonies in North America when in the year 1764, shortly after the conclusion of the Seven Years' War, George Grenville, who had become the chief Minister of George III. after the failure of Lord Bute, proposed to raise a revenue from these colonies by the imposition of a Stamp Act.

      The Stamp Act and the resistance it met mark so obviously the beginning of the business which ended in the separation of the United States from Great Britain that Grenville and the British Parliament have been frequently blamed for the lightness of heart with which they entered upon so momentous a course. But in fact it did not seem to them momentous, nor is it easy to say why they should have thought it momentous. It is certain that Grenville's political opponents, many of whom were afterwards to figure as the champions of the colonists, at first saw its momentousness as little as he. They offered to his proposal only the most perfunctory sort of opposition, less than they habitually offered to all his measures, good or bad.

      And, in point of fact, there was little reason why a Whig of the type and class that then governed England should be startled or shocked by a proposal to extend the English system of stamping documents to the English colonies. That Parliament had the legal right to tax the colonies was not seriously questionable. Under the British Constitution the power of King, Lords and Commons over the King's subjects was and is absolute, and none denied that the colonists were the King's subjects. They pleaded indeed that their charters did not expressly authorize such taxation; but neither did they expressly exclude it, and on a strict construction it would certainly seem that a power which would have existed if there had been no charter remained when the charter was silent.

      It might further be urged that equity as well as law justified the taxation of the colonies, for the expenditure which these taxes were raised to meet was largely incurred in defending the colonies first against the French and then against the Indians. The method of taxation chosen was not new, neither had it been felt to be specially grievous. Much revenue is raised in Great Britain and all European countries to-day by that method, and there is probably no form of taxation at which men grumble less. Its introduction into America had actually been recommended on its merits by eminent Americans. It had been proposed by the Governor of Pennsylvania as early as 1739. It had been approved at one time by Benjamin Franklin himself. To-day it must seem to most of us both less unjust and less oppressive than the Navigation Laws, which the colonists bore without complaint.

      As for the suggestion sometimes made that there was something unprecedentedly outrageous about an English Parliament taxing people who were unrepresented there, it is, in view of the constitution of that Parliament, somewhat comic. If the Parliament of 1764 could only tax those whom it represented, its field of taxation would be somewhat narrow. Indeed, the talk about taxation without representation being tyranny, however honestly it might be uttered by an American, could only be conscious or unconscious hypocrisy in men like Burke, who were not only passing their lives in governing and taxing people who were unrepresented, but who were quite impenitently determined to resist any attempt to get them represented even in the most imperfect fashion.

      All this is true; and yet it is equally true that the proposed tax at once excited across the Atlantic the most formidable discontent. Of this discontent we may perhaps summarize the immediate causes as follows. Firstly, no English minister or Parliament had, as a fact, ever before attempted to tax the colonies. That important feature of the case distinguished it from that of the Navigation Laws, which had prescription on their side. Then, if the right to tax were once admitted, no one could say how far it would be pushed. Under the Navigation Laws the colonists knew just how far they were restricted, and they knew that within the limits of such restrictions they could still prosper. But if once the claim of the British Parliament to tax were quietly accepted, it seemed likely enough that every British Minister who had nowhere else to turn for a revenue would turn to the unrepresented colonies, which would furnish supply after supply until they were "bled white." That was a perfectly sound, practical consideration, and it naturally appealed with especial force to mercantile communities like that of Boston.

      But if we assume that it was the only consideration involved, we shall misunderstand all that followed, and be quite unprepared for the sweeping victory of a purely doctrinal political creed which brought about the huge domestic revolution of which the breaking of the ties with England was but an aspect. The colonists did feel it unjust that they should be taxed by an authority which was in no way responsible to them; and they so felt it because, as has already been pointed out, they enjoyed in the management of their everyday affairs a large measure of practical democracy. Therein they differed from the English, who, being habitually governed by an oligarchy, did not feel it extraordinary that the same oligarchy should tax them. The Americans for the most part governed themselves, and the oligarchy came in only as an alien and unnatural thing levying taxes. Therefore it was resisted.

      The resistance was at first largely instinctive. The formulation of the democratic creed which should justify it was still to come. Yet already there were voices, especially in Virginia, which adumbrated the incomparable phrases of the greatest of Virginians. Already Richard Bland had appealed to "the law of Nature and those rights of mankind that flow from it." Already Patrick Henry had said, "Give me liberty or give me death!"

      It was but a foreshadowing of the struggle to come. In 1766 the Rockingham Whigs, having come into power upon the fall of Grenville, after some hesitation repealed the Stamp Act, reaffirming at the same time the abstract right of Parliament to tax the colonies. America was for the time quieted. There followed in England a succession of weak Ministries, all, of course, drawn from the same oligarchical class, and all of much the same political temper, but all at issue with each other, and all more or less permanently at issue with the King. As a mere by-product of one of the multitudinous intrigues to which this situation gave rise, Charles Townshend, a brilliant young Whig orator who had become Chancellor of the Exchequer, revived in 1768 the project of taxing the American colonies. This was now proposed in the form of a series of duties levied on goods exported to those colonies – the one most obnoxious to the colonists and most jealously maintained by the Ministers being a duty on tea. The Opposition had now learnt from the result of the Stamp Act debate that American taxation was an excellent issue on which to challenge the Ministry, and the Tea Tax became at once a "Party Question" – that is, a question upon which the rival oligarchs divided themselves into opposing groups.

      Meanwhile in America the new taxes were causing even more exasperation than the Stamp Act had caused – probably because they were more menacing in their form, if not much more severe in their effect. At any rate, it is significant that in the new struggle we find the commercial colony of Massachusetts very decidedly taking the lead. The taxed tea, on its arrival in Boston harbour, was seized and flung into the sea. A wise Government would have withdrawn when it was obvious that the enforcement of the taxes would cost far more than the taxes themselves were worth, the more so as they had already been so whittled down by concessions as to be worth practically nothing, and it is likely enough that the generally prudent and politic aristocrats who then directed the action of England would have reverted to the Rockingham policy had not the King made up his unfortunate German mind to the coercion and humiliation of the discontented colonists. It is true that the British Crown had long lost its power of independent action, and that George III. had failed in his youthful attempts to recapture it. Against the oligarchy combined he was helpless; but his preference for one group of oligarchs over another was still an asset, and he let it clearly be understood that such influence as he possessed would be exercised unreservedly in favour of any group that would undertake to punish the American rebels. He found in Lord North a Minister willing, though not without considerable misgivings, to forward his policy and able to secure for it a majority in Parliament. And from that moment the battle between

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