1775 continued—parliament proceeds to pass an act to punish all the new england colonies for sympathising with massachusetts, by restricting their trade to england and depriving them of the newfoundland fisheries.
the british ministry and both houses of parliament do not seem to have been satisfied with having charged massachusetts and its abettors with rebellion, and determined to punish the recusant province and its metropolis accordingly, but they proceeded, during the same session, even to punish the other new england provinces for alleged sympathy with the town of boston and the province of massachusetts. the very day after the two houses of parliament had presented their joint address to the king, declaring the existence of "rebellion" in the province of massachusetts, abetted by many persons in the other provinces, lord north introduced a bill into the commons to restrain the trade and commerce of the provinces of new hampshire, massachusetts, rhode island, and connecticut, to great britain and ireland and the british islands in the west indies, and to prohibit those provinces from carrying on any fishery on the banks of newfoundland. lord north assigned as the reason for this bill that the three other new england colonies "had aided and abetted their offending neighbours, and were so near them that the intentions of parliament would be frustrated unless they were in like manner comprehended in the proposed restraints." the bill encountered much opposition in both houses, but was passed by large majorities.
shortly after passing this bill to restrain the trade of the new england colonies and to prohibit them the fisheries of[pg 434] newfoundland, as well as from trading with foreign countries, intelligence reached england that the middle and southern colonies were countenancing and encouraging the opposition of their new england brethren, and a second bill was brought into parliament and passed for imposing similar restraints on the colonies of east and west jersey, pennsylvania, maryland, virginia, south carolina, and the counties on the delaware. it is singular to note in this bill the omission of new york, delaware, and north carolina. it was probably thought that the omission of these colonies would cause dissension among the colonies; but the three exempted provinces declined the distinction, and submitted to the restraints imposed upon the other colonies.
much was expected by lord north and his colleagues from the general assembly of new york, which had not endorsed the proceedings of the first continental congress, held in philadelphia the previous september and october; but at the very time that the british parliament was passing the act which exempted new york from the disabilities and punishments inflicted on its neighbouring colonies, north and south, the legislative assembly of new york was preparing a petition and remonstrance to the british parliament on the grievances of all the colonies, not omitting the province of massachusetts. this petition and remonstrance of the general assembly of new york was substantially a united empire document, and expressed the sentiments of all classes in the colonies, except the royal governors and some office-holders, as late as may, 1775. the following extracts from this elaborate and ably-written address will indicate its general character. the whole document is given in the parliamentary register, vol. i., pp. 473-478, and is entitled "the representation and remonstrance of the general assembly of the colony of new york, to the honourable the knights, citizens, and burgesses of great britain, in parliament assembled." it commences as follows:
"impressed with the warmest sentiments of loyalty and affection to our most gracious sovereign, and zealously attached to his person, family, and government, we, his majesty's faithful subjects, the representatives of the ancient and loyal colony of new york, behold with the deepest concern the unhappy disputes subsisting between the mother country and her colonies.[pg 435] convinced that the grandeur and strength of the british empire, the protection and opulence of his majesty's american dominions, and the happiness and welfare of both, depend essentially on a restoration of harmony and affection between them, we feel the most ardent desire to promote a cordial reconciliation with the parent state, which can be rendered permanent and solid only by ascertaining the line of parliamentary authority and american freedom on just, equitable, and constitutional grounds. to effect these salutary purposes, and to represent the grievances under which we labour, by the innovations which have been made in the constitutional mode of government since the close of the last war, we shall proceed with that firmness which becomes the descendants of englishmen and a people accustomed to the blessings of liberty, and at the same time with the deference and respect which is due to your august assembly to show—
"that from the year 1683 till the above-mentioned period the colony has enjoyed a legislature consisting of three distinct branches—a governor, council, and general assembly; under which political frame the representatives of the people have uniformly exercised the right of their civil government and the administration of justice in the colony.
"it is therefore with inexpressible grief that we have of late years seen measures adopted by the british parliament subversive of that constitution under which the people of this colony have always enjoyed the same rights and privileges so highly and deservedly prized by their fellow-subjects in great britain—a constitution in its infancy modelled after that of the parent state, in its growth more nearly assimilated to it, and tacitly implied and undeniably recognised in the requisitions made by the crown, with the consent and approbation of parliament.
"an exemption from internal taxation, and the exclusive right of providing for the support of our own civil government and the administration of justice in this colony, we esteem our undoubted and inalienable rights as englishmen; but while we claim these essential rights, it is with equal pleasure and truth we can declare, that we ever have been and ever will be ready to bear our full proportion of aids to the crown for the public service, and to make provision for the necessary purposes, in as ample and adequate a manner as the circumstances of the colony[pg 436] will admit. actuated by these sentiments, while we address ourselves to a british house of commons, which has ever been so sensible of the rights of the people, and so tenacious of preserving them from violation, can it be a matter of surprise that we should feel the most distressing apprehensions from the act of the british parliament declaring their right to bind the colonies in all cases whatsoever?—a principle which has been actually exercised by the statutes made for the sole and express purpose of raising a revenue in america, especially for the support of government, and other usual and ordinary services of the colonies.
"the trial by a jury of the vicinage, in causes civil and criminal arising within the colony, we consider as essential to the security of our lives and liberties, and one of the main pillars of the constitution, and therefore view with horror the construction of the statute of the 35th of henry the eighth, as held up by the joint address of both houses of parliament in 1769, advising his majesty to send for persons guilty of treasons and misprisions of treasons in the colony of massachusetts bay, in order to be tried in england; and we are equally alarmed at the late act empowering his majesty to send persons guilty of offences in one colony to be tried in another, or within the realm of england....
"we must also complain of the act of the 7th of george the third, chapter 59th, requiring the legislature of this colony to make provision for the expense of supplying troops quartered amongst us, with the necessaries prescribed by that law; and holding up by another act a suspension of our legislative powers till we should have complied, as it would have included all the effects of a tax, and implied a distrust of our readiness to contribute to the public service.
"nor in claiming these essential rights do we entertain the most distant desire of independence of the parent kingdom. we acknowledge the parliament of great britain necessarily entitled to a supreme direction and government over the whole empire, for a wise, powerful, and lasting preservation of the great bond of union and safety among all the branches; their authority to regulate the trade of the colonies, so as to make it subservient to the interest of the mother country, and to [pg 437]prevent its being injurious to the other parts of his majesty's dominions....
"interested as we must consider ourselves in whatever may affect our sister colonies, we cannot help feeling for the distresses of our brethren in the massachusetts bay, from the operation of the several acts of parliament passed relative to that province, and of earnestly remonstrating in their behalf. at the same time, we also must express our disapprobation of the violent measures that have been pursued in some of the colonies, which can only tend to increase our misfortunes and to prevent our obtaining redress.
"we claim but a restoration of those rights which we enjoyed by general consent before the close of the last war; we desire no more than a continuation of that ancient government to which we are entitled by the principles of the british constitution, and by which alone can be secured to us the rights of englishmen. attached by every tie of interest and regard to the british nation, and accustomed to behold with reverence and respect its excellent form of government, we harbour not an idea of diminishing the power and grandeur of the mother country, or lessening the lustre and dignity of parliament. our object is the happiness which we are convinced can only arise from the union of both countries. to render this union permanent and solid, we esteem it the undoubted right of the colonies to participate in that constitution whose direct aim is the liberty of the subject; fully trusting that your honourable house will listen with attention to our complaints, and redress our grievances by adopting such measures as shall be found most conducive to the general welfare of the whole empire, and most likely to restore union and harmony amongst all its different branches.
"by order of the general assembly,
"john cruger, speaker.
"assembly chamber, city of new york, the 25th day of
march, 1775."
this representation and remonstrance having been presented to the house of commons, mr. burke moved, the 15th of may, that it be brought up. he said "he had in his hand a paper of importance from the general assembly of the province of new york—a province which yielded to no part of his majesty's[pg 438] dominions in its zeal for the prosperity and unity of the empire, and which had ever contributed as much as any, in its proportion, to the defence and wealth of the whole." "they never had before them so fair an opportunity of putting an end to the unhappy disputes with the colonies as at present, and he conjured them in the most earnest manner not to let it escape, as possibly the like might never return. he thought this application from america so very desirable to the house, that he could have made no sort of doubt of their entering heartily into his ideas, if lord north, some days before, in opening the budget, had not gone out of his way to make a panegyric on the last parliament, and in particular to commend as acts of lenity and mercy those very laws which the remonstrance considers as intolerable grievances."
"lord north spoke greatly in favour of new york, and said he would gladly do everything in his power to show his regard to the good behaviour of that colony; but the honour of parliament required that no paper should be presented to that house which tended to call in question the unlimited rights of parliament."
"mr. fox said the right of parliament to tax america was not simply denied in the remonstrance, but was coupled with the exercise of it. the exercise was the thing complained of, not the right itself. when the declaratory act was passed, asserting the right in the fullest extent, there were no tumults in america, no opposition to government in any part of that country; but when the right came to be exercised in the manner we have seen, the whole country was alarmed, and there was an unanimous determination to oppose it. the right simply is not regarded; it is the exercise of it that is the object of opposition. it is this exercise that has irritated and made almost desperate several of the colonies. but the noble lord (lord north) chooses to be consistent, and is determined to make them all alike. the only province that was moderate, and in which england had some friends, he now treats with contempt. what will be the consequence when the people of this moderate province are informed of this treatment? that representation which the cool and candid of this moderate province had framed with deliberation and caution is rejected—is not suffered to be presented—is not even to be read by the clerk. when they hear[pg 439] this they will be inflamed, and hereafter be as distinguished by their violence as they have hitherto been by their moderation. it is the only method they can take to regain the esteem and confidence of their brethren in the other colonies who have been offended at their moderation. those who refused to send deputies to the congress (at philadelphia), and trusted to parliament, will appear ridiculous in the eyes of all america. it will be proved that those who distrusted and defied parliament had made a right judgment, and those who relied upon its moderation and clemency had been mistaken and duped; and the consequence of this must be, that every friend the ministers have in america must either abandon them, or lose all credit and means of serving them in future."
"governor johnstone observed that when mr. wilkes had formerly presented a petition full of matter which the house did not think to enter into, they did not prevent the petition being brought up, but separated the matter which they thought improper from that which they thought ought to be heard. the house might make use of the same selection here. ministers have long declared they wished for a dutiful application from one of the colonies, and now it is come they treat it with scorn and indignity. mr. cornwall had said it came only from twenty-six individuals. these twenty-six are the whole assembly. when the question to adopt the measures recommended by the congress was negatived by a majority of one only in this assembly of twenty-six individuals, the ministers were in high spirits, and these individuals were then represented as all america."
lord north's amendment to reject the petition was adopted by a majority of 186 to 67.[357]
"after having been foiled in the house of commons," says the royal historian, "it now remained to be decided whether that colony's representations would meet with a more gracious reception in the house of lords. but here the difficulty was still greater than in the other house. the dignity of the peerage was said to be insulted by the appellation under which it had been presumed to usher those representations into that assembly. they were styled a memorial; such a title was only allowable[pg 440] in transactions between princes and states independent of each other, but was insufferable on the part of subjects. the answer was that the lowest officer in the service had a right to present a memorial, even to his majesty, should he think himself aggrieved; with much more reason might a respectable body present one to the house of lords. but, exclusive of the general reason that entitled so important a colony to lay such a paper before them, the particular reason of its fidelity, in spite of so many examples of defection, was alone a motive which ought to supersede all forms, and engage their most serious attention to what it had to propose.
"after sundry arguments of the same nature, the question was determined against hearing the memorial by forty-five peers to twenty-five.
"when the rejection of these applications was announced to the public, a great part of the nation expressed the highest discontent. they now looked forward with dejection and sorrow at the prospect of mutual destruction that lay before them, and utterly gave up all other expectations."[358]
it might be supposed that such a rejection of the petition of[pg 441] the most loyal colony in america would end the presentation of petitions on the part of the colonies to the king and parliament, and decide them at once either to submit to the extinction of their constitutional rights as british subjects, or defend them by force. but though they had, both separately and unitedly, declared from the beginning that they would defend their rights at all hazards, they persisted in exhausting every possible means to persuade the king and parliament to desist from such a system of oppression, and to restore to them those rights which they enjoyed for more than a century—down to the close of the french war in 1763.
footnotes:
[357] parliamentary register, vol. i., pp. 467-473.
[358] dr. andrews' history of the war with america, spain, and holland, vol. i., pp. 275, 276.
"the ministerial objections were that it was incompatible with the dignity of the house to suffer any paper to be presented that questioned its supreme authority. particular notice was taken at the same time that the title of petition did not accompany this paper; it was called a representation and remonstrance, which was not the usual nor the proper manner of application to parliament. this singularity alone was sufficient to put a negative on its presentation.
"to this it was replied, that the times were so dangerous and critical that words and forms were no longer deserving of attention. the question was whether they thought the colony of new york was worthy of a hearing? no colony had behaved with so much temperateness and discretion. notwithstanding the tempestuousness of the times, and the general wreck of british authority, it had yet preserved a steady obedience to government. while every other colony was bidding defiance to britain, this alone submissively applied to her for redress of grievances. was it consistent with policy, after losing the good-will of all the other colonies, to drive this, through a needless and punctilious severity, into their confederacy against this country? could we expect, after such a treatment, that this colony could withstand the arguments that would be drawn from our superciliousness to induce it to relinquish a conduct which was so ill requited?"—ib., p. 274.
