Franklin went over to London as agent for the colony of Pennsylvania.
The alternative proposed by the colonies was virtually the same as the system of requisitions already in use, and the inefficiency of which, in securing a revenue, had been abundantly proved by the French war. Parliament therefore rejected it, and early in 1765 the Stamp Act was passed. It is worthy of remark that the idea that the Americans would resist its execution did not at once occur to Franklin. Acquiescence seemed to him, for the present, the only safe policy.
In writing to his friend Charles Thomson, he said that he could no more have hindered the passing of the Stamp Act than he could have hindered the sun’s setting. “That,” he says, “we could not do. But since it is down, my friend, and it may be long before it rises again, let us make as good a night of it as we can. We may still light candles. Frugality and industry will go a great way towards indemnifying us.” But Thomson, in his answer, with truer foresight, observed, “I much fear, instead of the candles you mentioned being lighted, you will hear of the works of darkness!” The news of the passage of the Stamp Act was greeted in America with a burst of indignation. In New York, the act was reprinted with a death’s-head upon it in place of the royal arms, and it was hawked about the streets under the title of “The Folly of England and the Ruin of America.” In Boston, the church-bells were tolled, and the flags on the shipping put at half-mast.
But formal defiance came first from Virginia. A year and a half before, a famous lawsuit, known as the “Parsons’ Cause,” had brought into public notice a young man who was destined to take high rank among modern orators. The lawsuit which made Patrick Henry’s reputation was one of the straws which showed how the stream of tendency in America was then strongly setting toward independence. Tobacco had not yet ceased to be a legal currency in Virginia, and by virtue of an old statute each clergyman of the Established Church was entitled to sixteen thousand pounds of tobacco as his yearly salary.
SPEAKER’S CHAIR, HOUSE OF BURGESSES
In 1755 and 1758, under the severe pressure of the French war, the assembly had passed relief acts, allowing all public dues, including the salaries of the clergy, to be paid either in kind or in money, at a fixed rate of twopence for a pound of tobacco. The policy of these acts was thoroughly unsound, as they involved a partial repudiation of debts; but the extreme distress of the community was pleaded in excuse, and every one, clergy as well as laymen, at first acquiesced in them. But in 1759 tobacco was worth sixpence per pound, and the clergy became dissatisfied. Their complaints reached the ears of Sherlock, the Bishop of London, and the act of 1758 was summarily vetoed by the king in council. The clergy brought suits to recover the unpaid portions of their salaries; in the test case of Rev. James Maury, the court decided the point of the law in their favour, on the ground of the royal veto, and nothing remained but to settle before a jury the amount of the damages. On this occasion, Henry appeared for the first time in court, and after a few timid and awkward sentences burst forth with an eloquent speech, in which he asserted the indefeasible right of Virginia to make laws for herself, and declared that in annulling a salutary ordinance at the request of a favoured class in the community “a king, from being the father of his people, degenerates into a tyrant, and forfeits all right to obedience.” Cries of “Treason!” were heard in the court room, but the jury immediately returned a verdict of one penny in damages, and Henry became the popular idol of Virginia. The clergy tried in vain to have him indicted for treason, alleging that his crime was hardly less heinous than that which had brought old Lord Lovat to the block. But the people of Louisa county replied, in 1765, by choosing him to represent them in the colonial assembly.
PATRICK HENRY MAKING HIS TARQUIN AND CÆSAR SPEECH
Hardly had Henry taken his seat in the assembly when the news of the Stamp Act arrived. In a committee of the whole house, he drew up a series of resolutions, declaring that the colonists were entitled to all the liberties and privileges of natural-born subjects, and that “the taxation of the people by themselves, or by persons chosen by themselves to represent them, … is the distinguishing characteristic of British freedom, without which the ancient constitution cannot exist.” It was further declared that any attempt to vest the power of taxation in any other body than the colonial assembly was a menace to British no less than to American freedom; that the people of Virginia were not bound to obey any law enacted in disregard of these fundamental principles; and that any one who should maintain the contrary should be regarded as a public enemy. It was in the lively debate which ensued upon these resolutions, that Henry uttered those memorable words commending the example of Tarquin and Cæsar and Charles I. to the attention of George III. Before the vote had been taken upon all the resolutions, Governor Fauquier dissolved the assembly; but the resolutions were printed in the newspapers, and hailed with approval all over the country.
Meanwhile, the Massachusetts legislature, at the suggestion of Otis, had issued a circular letter to all the colonies, calling for a general congress, in order to concert measures of resistance to the Stamp Act. The first cordial response came from South Carolina, at the instance of Christopher Gadsden, a wealthy merchant of Charleston and a scholar learned in Oriental languages, a man of rare sagacity and most liberal spirit. On the 7th of October, the proposed congress assembled at New York, comprising delegates from Massachusetts, South Carolina, Pennsylvania, Rhode Island, Connecticut, Delaware, Maryland, New Jersey, and New York, in all nine colonies, which are here mentioned in the order of the dates at which they chose their delegates. In Virginia, the governor succeeded in preventing the meeting of the legislature, so that this great colony did not send delegates; and, for various reasons, New Hampshire, North Carolina, and Georgia were likewise unrepresented at the congress. But the sentiment of all the thirteen colonies was none the less unanimous, and those which did not attend lost no time in declaring their full concurrence with what was done at New York. At this memorable meeting, held under the very guns of the British fleet and hard by the headquarters of General Gage, the commander-in-chief of the regular forces in America, a series of resolutions were adopted, echoing the spirit of Patrick Henry’s resolves, though couched in language somewhat more conciliatory, and memorials were addressed to the king and to both Houses of Parliament. Of all the delegates present, Gadsden took the broadest ground, in behalf both of liberty and of united action among the colonies. He objected to sending petitions to Parliament, lest thereby its paramount authority should implicitly and unwittingly be acknowledged. “A confirmation of our essential and common rights as Englishmen,” said he, “may be pleaded from charters safely enough; but any further dependence on them may be fatal. We should stand upon the broad common ground of those natural rights that we all feel and know as men and as descendants of Englishmen. I wish the charters may not ensnare us at last, by drawing different colonies to act differently in this great cause. Whenever that is the case, all will be over with the whole. There ought to be no New England man, no New Yorker, known on the continent; but all of us Americans.” So thought and said this broad-minded South Carolinian.
While these things were going on at New York, the Massachusetts assembly, under the lead of Samuel Adams, who had just taken his seat in it, drew up a very able state paper, in which it was declared, among other things, that “the Stamp Act wholly cancels the very conditions upon which our ancestors, with much toil and blood and at their sole expense, settled this country and enlarged his majesty’s dominions. It tends to destroy that mutual confidence and affection, as well as that equality, which ought ever to subsist among all his majesty’s subjects in this wide and extended empire; and what is the worst of all evils, if his majesty’s American subjects are not
