The War of Independence. Fiske John

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thus to make men's lives and property insecure. Most Americans in 1750 felt this danger very keenly. They had not forgotten how, in the times of their grandfathers, two of the noblest of Englishmen, Lord William Russell and Colonel Algernon Sidney, had been murdered by the iniquitous sentence of time-serving judges. They had not forgotten the ruffian George Jeffreys and his "bloody assizes" of 1685. They well remembered how their kinsmen in England had driven into exile the Stuart family of kings, who were even yet, in 1745, making efforts to recover their lost throne. They remembered how the beginnings of New England had been made by stout-hearted men who could not endure the tyranny of these same Stuarts; and they knew well that one of the worst of the evils upon which Stuart tyranny had fattened had been the corruption of the courts of justice. The Americans believed with some reason, that even now, in the middle of the eighteenth century, the administration of justice in their own commonwealths was decidedly better than in Great Britain; and they had no mind to have it disturbed.

      But worse than all, if the expenses of governing America were to be paid by taxes levied upon Americans and collected from them by king or parliament or any power whatsoever residing in Great Britain, then the inhabitants of the thirteen American colonies would at once cease to be "No taxation without representation." free people. A free country is one in which the government cannot take away people's money, in the shape of taxes, except for strictly public purposes and with the consent of the people themselves, as expressed by some body of representatives whom the people have chosen. If people's money can be taken from them without their consent, no matter how small the amount, even if it be less than one dollar out of every thousand, then they are not politically free. They do not govern, but the power that thus takes their money without their consent is the power that governs; and there is nothing to prevent such a power from using the money thus obtained to strengthen itself until it can trample upon people's rights in every direction, and rob them of their homes and lives as well as of their money. If the British government could tax the Americans without their consent, it might use the money for supporting a British army in America, and such an army might be employed in intimidating the legislatures, in dispersing town-meetings, in destroying newspaper-offices, or in other acts of tyranny.

      The Americans in the middle of the eighteenth century well understood that the principle of "no taxation without representation" is the fundamental principle of free government. It was the principle for which It was the fundamental principle of English liberty. their forefathers had contended again and again in England, and upon which the noble edifice of English liberty had been raised and consolidated since the grand struggle between king and barons in the thirteenth century. It had passed into a tradition, both in England and in America, that in order to prevent the crown from becoming despotic, it was necessary that it should only wield such revenues as the representatives of the people might be pleased to grant it. In England the body which represented the people was the House of Commons, in each of the American colonies it was the colonial legislature; and in dealing with the royal governors, the legislatures acted upon the same general principles as the House of Commons in dealing with the king.

      It was not until some time after 1750 that any grand assault was made upon the principle of "no taxation without representation," but the frequent disputes with the royal governors were such as to keep people from losing sight of this principle, and to make them sensitive about acts that might lead to violations of it. In the particular disputes the governors were sometimes clearly right and the people wrong. One of the Sometimes the royal governors were in the right, as to the particular question. principal objects, as we shall presently see, for which the governors wanted money, was to maintain troops for defence against the French and the Indians; and the legislatures were apt to be short-sighted and unreasonably stingy about such matters. Again, the people were sometimes seized with a silly craze for "paper money" and "wild-cat banks"—devices for making money out of nothing—and sometimes the governors were sensible enough to oppose such delusions but not altogether sensible in their manner of doing it. Thus in 1740 there was fierce excitement in Massachusetts over a quarrel between the governor and the legislature about the famous "silver bank" and "land bank." These institutions were a public nuisance and deserved to be suppressed, but the governor was obliged to appeal to parliament in order to succeed in doing it. This led many people to ask, "What business has a parliament sitting the other side of the ocean to be making laws for us?" and the grumbling was loud and bitter enough to show that this was a very dangerous question to raise.

      It was in the eight colonies which had royal governors that troubles of a revolutionary character were more likely to arise than in the other five, but there were special reasons, besides those already mentioned, why Massachusetts and Virginia should prove more refractory than any of Bitter memories; in Virginia. the others. Both these great commonwealths had bitter memories. Things had happened in both which might serve as a warning, and which some of the old men still living in 1750 could distinctly remember. In Virginia the misgovernment of the royal governor Sir William Berkeley had led in 1675 to the famous rebellion headed by Nathaniel Bacon, and this rebellion had been suppressed with much harshness. Many leading citizens had been sent to the gallows and their estates had been confiscated. In Massachusetts, though there were no such scenes of cruelty to remember, the grievance was much more deep-seated and enduring.

      Massachusetts had not been originally a royal province, with its governors appointed by the king. At first it had been a republic, such as Connecticut and Rhode Island now were, with governors chosen by the people. From its foundation in 1629 down to 1684 the commonwealth of Massachusetts had managed its own affairs at its own good pleasure. Practically it had been not only self-governing but almost independent. That was because affairs in England were in such confusion that until after 1660 comparatively little attention was paid to what was going on in America, and the liberties of Massachusetts prospered through the neglect of what was then called the "home government." After Charles II. came to the throne in 1660 he began to interfere with the affairs of Massachusetts, and so the very first generation of men that had been And in Massachusetts. born on the soil of that commonwealth were engaged in a long struggle against the British king for the right of managing their own affairs. After more than twenty years of this struggle, which by 1675 had come to be quite bitter, the charter of Massachusetts was annulled in 1684 and its free government was for the moment destroyed. Presently a viceroy was sent over from England, to govern Massachusetts (as well as several other northern colonies) despotically. This viceroy, Sir Edmund Andros, seems to have been a fairly well meaning man. He was not especially harsh or cruel, but his rule was a despotism, because he was not responsible to the people for what he did, but only to the king. In point of fact the two-and-a-half years of his administration were characterized by arbitrary arrests and by interference with private property and with the freedom of the press. It was so vexatious that early in 1689, taking advantage of the Revolution then going on in England, the people of Boston rose in rebellion, seized Andros and threw him into jail, and set up for themselves a provisional government. When the affairs of New England were settled after the accession of William and Mary to the throne, Connecticut and Rhode Island were allowed to keep their old governments; but Massachusetts in 1693 was obliged to take a new charter instead of her old one, and although this new charter revived the election of legislatures by the people, it left the governors henceforth to be appointed by the king.

      In the political controversies of Massachusetts, therefore, in the eighteenth century, the people were animated by the recollection of what they had lost. They were somewhat less free and independent than their grandfathers had been, and they had learned what it was to have an irresponsible ruler sitting at his desk in Boston and signing warrants for the arrest of loved and respected citizens who dared criticise his sayings and doings. "Taxation without representation" was not for them a mere abstract theory; they knew what it meant. It was as near to them as the presidency of Andrew Jackson is to us; there had not been time enough to forget it. In every contest between the popular legislature and the royal governor there was some broad principle involved which there were plenty of well-remembered facts to illustrate.

      These contests also helped to arouse a strong sympathy between the popular leaders in Massachusetts and in Virginia. Between the people of the two colonies there was not much real sympathy, because there was a good deal of difference

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