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CHAPTER III.

THE WAR TO 1763.

MANY constantly recurring feuds with the Indians exercised the vigilance and bravery of the North Americans. But of far greater importance were their wars against the French. With singular address and perseverance, these latter had established a chain of settlements and towns, extending from Canada along the Ohio and Mississippi down to New Orleans; which girded in the English colonies, and not only prevented them from extending into the interior of the country, but even threatened to confine them to a small sea-coast on the Atlantic. On account of the war of succession in Austria, the English did but little to oppose this danger; for in those times, the slightest change in European relations and possessions was erroneously looked upon as of the highest importance; while every thing relating to America was but slightly regarded, and soon lost sight of. Nay, when the Americans did not spare the greatest exertions, and a union of all the colonies was talked of (in 1791), mutual suspicions arose, on the one hand that England was aiming at a greater centralization and thereby an increase of the royal power, and on the other hand that America was seeking to render itself stronger and more independent.

The neighborhood of the French, it was argued by many in England, is the best security for the continued annexation of America to the mother-country. If this danger should be ended, the notion of independence would spring up again and meet with support from France.

After eight years of war, England gained nothing by the peace of Aix-la-Chapelle, in 1748; and France merely received back again what she had lost in America, viz. Cape Breton.

On both sides the ensuing years of peace, from 1748 to 1756, were actively employed. While the Americans penetrated step by step into the interior, the French labored at closing up and fortifying the immense chain of posts before mentioned. The former thought only of diligent cultivation of the earth; the latter were bent on robbery, plunder, bold enterprises, glory, and conquest. France entertained no jealousy against her American colonies, and assisted them more than England did hers. Although, notwithstanding this, Canada and its appurtenances had

less power, it was still united, and was governed from a single point; while the idea of a union of the North American colonies, suggested again by the increasing danger of a new rupture, and developed by Franklin, was still regarded in England as too republican, and in America as too monarchical.

The assembled governors of the colonies, and the most respectable members of the provincial assemblies, made the proposition, that a council for all the states should be chosen by the latter, with a royal governor at its head; and that both together should be empowered to make general laws, and to raise money for the general defence. The English ministry proposed, on the contrary, that the governors of the provinces should from time to time convene with two of their councillors (mostly appointed by the crown), arrange general measures, erect fortifications, levy troops, and draw sums from the British treasury; which should afterwards be raised from the colonies, in the shape of taxes, by virtue of an act of Parliament.

The first and more comprehensive plan gave rise to misgivings in England, and the last met with still less approval in America; for it placed the decisive power in a few hands independent of the people, afforded some assistance only from time to time, and settled the most highly important question relative to the right of taxation to the disadvantage of America.* The most zealous declared, even at that early period, that America was no more dependent on England than Hanover was.

When questions of trade in Europe, and border strifes in America, gave rise, after single deeds of violence, to an open war between England and France, in May, 1756, these opposing views operated in an injurious manner, and awkwardness and negligence gave to the first military expedition a very unfortunate termination. It was not until Pitt came to the head of the government, in 1758, that activity and interest were exhibited on behalf of American affairs. This led, on the 13th of September, 1759, to a decisive and incalculably important battle on the Heights of Abraham, before Quebec. Montcalm, the French, and Wolfe, the British general, both fell fighting bravely. At the Peace of Paris, on the 10th of February, 1763, the French lost all their American possessions; and all the country eastward of the Mississippi, including the Floridas ceded by Spain, fell to England.†

Interesting as is the Seven Years' War of Europe through the personal greatness of King Frederick II., and the bravery of the Prussians, pressed upon by enemies of superior force,-singular

* Jefferson's Writings, i. 6.

† Spain, according to a secret article, was to be indemnified by France with the rest of Louisiana. Bunner's History of Louisiana, p. 122,

in the history of the world as is the dominion acquired immediately after this war by the English in the East Indies,-it still remains the most important event for the history of mankind, that from that time forth the dominion of the Romance nations in other quarters of the world crumbled to pieces, while that of the Germanic stock, especially in America, marched irresistibly forward. Few then perceived what must be the inevitable result; nay, even now there are many who overlook the immeasurable importance of this development of human progress; and hence it is worthy of mention, that Vergennes,* the French minister for foreign affairs, foresaw, as early as the year 1775, the future independence of all the European colonies, and prophesied that in time to come the Germanic people would rule over South America likewise.

CHAPTER IV.

FROM THE PEACE OF PARIS, IN 1763, TO THE NORTH AMERICAN DECLARATION OF INDEPENDENCE, IN 1776.

State of affairs after the War--Commerce and Duties-Right of Taxation-Stamp Act-Resolutions in America-Effect in England, and Counsels there adoptedViews and Principles-Question of Right--State of Fact-Abolition of the Stamp Act--Hopes and Fears-New Taxes-Duty on Tea-Tea cast into the Sea-Proceedings against Boston-New Movements-First Congress--Resolutions of the Congress-Parliament, Chatham-Lord North's Proposals-Burke's Proposals-Beginning of the War-Declaration of Independence-Reflections.

ENGLAND, during the seven years' war with France, had made very great exertions, borne an immense amount of taxation, suffered from the derangements of her trade, and plunged herself deeply into debt. It seemed absolutely necessary that her finances should be arranged, the public debt reduced, and the neglected laws of commerce again put in practice. And above all, it was considered that America should lend its assistance to these necessary and wholesome measures; since the whole war had been undertaken chiefly for its sake, and had been concluded with the gain of immense tracts of land to its almost exclusive advantage. The rejoicing and enthusiasm produced in America by this happy event were certainly very great, and its gratitude to England was natural and sincere. But this joy was partly produced by the consciousness to which the Americans had attained of the greatness of their own power and the value of their own exertions;

Raumer's Beiträge, v. 216.

and to this they joined the observation, that after the destruction of the French power, English assistance for the future would seem to be no longer necessary. And, moreover, it appeared very questionable whether, during the great struggle, America had not done, suffered, and paid more in proportion than England.*

While such were the feelings naturally and unavoidably entertained, and while the colonies were daily increasing in weight and importance, the government of the mother-country should have exercised the greatest moderation and prudence, and should have adapted its measures and demands to the new rela

tions which had sprung up. But instead of this, orders were issued in 1764 for a stricter enforcement of the English Navigation and Customs Acts, which were harshly executed by the public officers; so much so, that many manufactures were directly prohibited in America, in order to secure the monopoly of them to the mother-country.†

Both before and after the war, the northern colonies in particular had carried on a considerable and profitable trade with Spanish America, receiving gold and silver in return for English manufactures. This was contrary to the letter, but not to the spirit of the English Navigation Act; although even then it seemed no longer adapted to the general state of things. It was wrong to discuss the mere theoretical question respecting the relation in which that trade stood to the old laws, without taking into account long custom, the advantages of the trade, the inclinations of the people, their own power of execution, &c. It is true, the prohibition of the trade was again removed, in conse quence of the urgent complaints of the Americans; but it was at the same time burdened with such high duties, as to render it impossible to carry it on. Not only did new remonstrances on this turn of affairs, and on the increasing despotism of men in office, the assumptions of the military, &c. remain without effect, but England likewise imposed duties upon silk and woollen goods, sugar, coffee, wines, &c.; all, it was said, for the protec tion of America, although at this moment no danger threatened it. This Customs Act, which was already regarded as an innovation in America, was rendered doubly burdensome by a number of accessory regulations. Thus, for instance, the paper currency of the colonies was rejected, and payments ordered to be made in specie; while disputes on this head were to be decided, not by the common law and with the aid of juries, but by the courts of admiralty.

Formerly, all laws relative to commercial monopoly and the burdens connected therewith, had been regarded as general rules *Burke, ii. 396.

↑ See Ramsay's History, chap. ii. Kuhfahl, i. 7.

of trade, and not as custom laws in particular. The regulations above mentioned, as well as others connected with them, led, however, to a closer examination of the theory and practice of systems of taxation, and to a severe scrutiny into the relations of a mother country to its daughter states.

The prevalent feelings and tendencies were sufficiently manifested when Massachusetts, which was soon followed by the other states, declared, June, 1764, that where there is no representation, slavery reigns, and that the British Parliament had no right to tax unrepresented Americans. Thus the question relative to the right of taxation became the central point of all the disputes that broke forth. Both parties were agreed that America ought to contribute pro rata to the taxes occasioned by the last expensive war. But while Great Britain maintained that its Parliament necessarily and naturally possessed the right to impose taxes on all parts of the kingdom, the Americans responded, that the British empire had grown to such an extent, and the interests of its various parts were so diverse, that it must have several representative assemblies. The American assemblies, said they, are for America, what the British are for Great Britain; and by adopting a contrary view, and one opposed to our charters, we should lose the right of taxing ourselves through our own representatives, we should be put without any reason lower than Englishmen, and be turned into subjects of subjects.

In England many were at first enraged to think that the colonies should refuse to yield obedience to Britons, the conquerors of the world, or to acknowledge the omnipotence of Parliament, and help to diminish, in compliance with its decree, the great burdens resting upon the mother-country. The declaration, said they, that Americans ought to enjoy the privileges of British subjects, does not contravene the right of the British Parliament to impose taxes. To such taxation every Briton, without exception, is subjected, and the American charters were intended merely as a protection against a partial levying of taxes by the king. Liverpool, Manchester, and other English towns, which send no representatives to Parliament, could not be taxed by it according to the American views; but they, like America, are virtually represented, and pay without offering any opposition, in which respect the Americans would do well to imitate them.

The defects of the English constitution, the Americans replied, should not be held up to us for imitation. It must not be forgotten, that the interests of a distant and essentially different part of the world cannot be virtually represented like those of an English town, which lies close at hand. Newly arisen relations of time and place are to be attended to, and the early necessitous state of colonies furnishes no rule for their treatment after they are

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