do not disprove this statement. But, this determination was so highly condemned by their constituents, that the speaker found it necessary, in order to avoid the indignation of the people, and to preserve the public peace, to convene the members by circulars, at Amboy, and with them to proceed to the nomination of delegates to the Convention of New York, consisting of Mr. Robert Ogden, the speaker, Mr. Hendrick Fisher, and Mr. Joseph Borden. This measure was severely reprehended by the governor, and was the cause of an angry contention between him and the Assembly.

XXV. Delegates from the Assemblies of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina, assembled at New York at the time appointed. New Hampshire, Georgia, Virginia, and North Carolina were not represented; but the two former gave assurances of their disposition to unite in petitions to the King and Parliament. The Assemblies of the two latter not having been in session, since the proposition for a Congress had been made, had no opportunity to act upon the subject.

This Congress adopted a declaration of rights and grievances, upon which they founded a petition to the King and a memorial to Parliament. In these, they claimed the full privileges of English subjects, averred the plenary legislative power of the colonial Assemblies, protested against taxation by Parliament, and the dispensation of the trial by jury; and earnestly pressed upon the attention of the parent state, the burdens imposed by the stamp and other acts, with the utter impossibility of continuing the execution of the former, in consequence of the drain of specie it would produce. A difference of opinion prevailed upon the question, whether the petitions and memorials should be signed and transmitted by the Congress, or be sanctioned and forwarded by the provincial Assemblies, as their several acts. Messrs. Ruggles of Massachusetts, the chairman of the Convention, and Ogden of New Jersey, believing in the propriety of the latter mode, refused to sign with the other delegates; but their conduct was censured by their constituents: and Mr. Ogden, thereupon, resigned his seat in the Assembly, which was convened by the governor, at his special instance,* that they might consider and adopt the best mode of expressing their sense of the obnoxious measures.t

XXVI. The House received from Messrs. Fisher and Borden their report of the proceedings of the Congress, and, unanimously, approved thereof; voting their thanks to those gentlemen, for the faithful and judicious discharge of the trust reposed in them. Mr. Courtlandt Skinner, the newly elected speaker, Mr. John Johnson, Mr. John Lawrence, and Mr. David Cooper were appointed to correspond with the agent of the colony in Great Britain.

The House then proceeded to adopt, unanimously, the following preamble and resolutions: "Whereas, the late act of Parliament, called the stamp act, is found to be utterly subversive of privileges inherent to, and originally

to be an act of the House; but reflection on this passage, satisfies the House, that his excellency has more knowledge of the contents of the letter in answer, than the members of the House themselves."-votes. It is impossible not to perceive that the members of this Assembly, had not that vivid sense of evil resulting from the stamp act, which was displayed in other colonies, particularly, when we consider that this was the first opportunity for expressing their sentiments, upon the odious pretensions of Parliament. Upon their return to their constituents, however, the members imbibed opinions and zeal more befitting the times; and hence we have additional evidence, that, resistance to British oppression, was not produced by the efforts of a few leading and aspiring men, but was the spontaneous act of a high spirited people, well instructed in their rights, and resolutely determined to maintain them.

* 27th November, 1765.

† Note A A.

Joseph Sherwood, Esq.

secured by, grants and confirmations from the crown of Great Britain to the settlers of this colony: in duty, therefore, to ourselves, our constituents, and posterity, this House thinks it absolutely necessary, to leave the following resolves on our minutes: 1. That his Majesty's subjects inhabiting this province, are, from the strongest motives of duty, fidelity, and gratitude, inviolably attached to his royal person and government; and have ever shown, and we doubt not, ever will show, the utmost readiness and alacrity, for acceding to the constitutional requisitions of the crown, as they have been, from time to time, made to this colony: 2. That his Majesty's liege subjects in this colony, are entitled to all the inherent rights and liberties of his natural born subjects, within the kingdom of Great Britain: 3. That it is, inseparably, essential to the freedom of a people, and the undoubted right of Englishmen, that no taxes be imposed upon them, but with their own consent, given personally, or by their representatives: 4. That the people of this colony are not, and from their remote situation cannot, be represented in the Parliament of Great Britain; and if the principle of taxing the colonies without their consent, should be adopted, the people here would be subjected to the taxation of two Legislatures; a grievance unprecedented, and not to be thought of, without the greatest anxiety: 5. That the only representatives of the people of this colony, are persons chosen by themselves; and that no taxes ever have been, or can be, imposed on them, agreeably to the constitution of this province, granted and confirmed by his Majesty's most gracious predecessors, but by their own Legislature: 6. That all supplies being free gifts; for the people of Great Britain to grant, to his Majesty, the property of the people of this colony without their consent and being represented, would be unreasonable, and render useless legislation in this colony, in the most essential point: 7. That the profits of trade arising from this colony, centering in Great Britain, eventually contribute to the supplies. granted there to the crown: 8. That the giving unlimited power to any subject or subjects, to impose what taxes they please in the colonies, under the mode of regulating the prices of stamped vellum, parchment, and paper, appears, to us, unconsitutional, contrary to the rights of the subject, and, apparently, dangerous in its consequences: 9. That any incumbrance which, in effect, restrains the liberty of the press in America, is an infringement of the subject's liberty: 10. That the extension of the powers of the court of admiralty, within this province, beyond its ancient limits, is a violent innovation of the right of trial by jury-a right which this House, upon the principles of their British ancestors, hold most dear and invaluable: 11. That, as the tranquillity of this country hath been interrupted through fear of the dreadful consequences of the stamp act; that, therefore, the officers of the government, who go on in their offices, for the good and peace of the province, in the accustomed manner, while things are in their present unsettled situation, will, in the opinion of this House, be entitled to the countenance of the Legislature; and it is recommended to our constituents, to use what endeavours lie in their power, to preserve the peace, quiet, harmony, and good order of the government; that no heats, disorders, and animosities may, in the least, obstruct the united endeavours, that are now strongly engaged for the repealing the act abovementioned, and other acts affecting the trade of the colonies."

XXVII. Whilst these efforts were being made on this side of the Atlantic to obtain redress for American grievances, the colonial agents, the friends of freedom and equal rights, and the merchants interested in the American trade, were not idle in Great Britain. The refusal to import her manufac tures touched her in a vital part. The great diminution of orders for goods,

so honourable to the self-control of the colonists, compelled a powerful class of traders to advocate liberal principles, who, under other circumstances, would have gladly sustained any policy which might have lessened their burden of taxation. Powerful as this combination certainly was, it had to contend against the most imperious passions, the pride and avarice of the people. The lofty position assumed by the Americans was intolerable. They had long been viewed as men of an inferior race. The arrogant philosophy of Europe had placed them and the animal productions of their country, low in the scale of perfectibility. By the mass of the English vulgar, they were ranked with savages and negroes. The colonies, the dependencies of Great Britain, on which she had, for years, poured forth the scourings of her prisons, had denied her supremacy, and refused to submit to her Parliament, hitherto deemed throughout her vast empire, politically omnipotent. With the sin of a rebellious temper, they were also charged with ingratitude. Under the pressure of accumulated debt and heavy taxation, the English people envied the display of wealth by the provincialists in the late war, and forgot that its exhibition was made in the common cause, with a generosity which had enforced from English justice, the return of more than a million sterling. Thus supported, the ministry which sought relief for the people, by taxing American industry, would scarcely have been driven from their purpose. But other causes transferred the government to other statesmen, whom consistency required, at least, to reverse measures which they had denounced with unqualified reprobation.

XXVIII. Under the new ministers an inquiry was instituted into the effects of the colonial policy of their predecessors. The merchants and manufacturers gave ample testimony of the paralysis in trade, whilst Dr. Franklin, as the representative of America, before a committee of the whole House of Commons, demonstrated the impossibility of levying the new impositions, and the consequent necessity of their repeal. The majority of Parliament was, now, divided into two parties. The larger one affirmed the right to tax the colonies, but denied the expediency of its present exercise; the other, led by Mr. Pitt, repudiated this right, on the ground that all aids are gifts from the people, and can never be legally obtained without their assent; and that this assent could not be had in Parliament, since the colonists were not there represented. A repeal on these principles, however just, according to the English constitution, would not have saved the pride of the nation, and would have destroyed the hopes of future revenue at the will of Parliament. Hence, the repeal of the stamp act, which took place on the eighteenth of March by a vote of two hundred and seventy-five, to one hundred and sixty-seven, was accompanied by a declaration of the right of Parliament to tax America. It was followed by an act indemnifying those who had incurred penalties on account of stamp duties. The tidings of this event were received in America with joy more temperate than might have been expected from the excitement of the public mind. The prudence displayed on this occasion had been earnestly recommended by a committee of merchants in London trading with America, and by others friendly to American interests.

At the meeting of the Assembly of New Jersey in June, 1766, Governor Franklin congratulated the House on the repeal of the odious stamp act; to which, however, he had been little accessory; and whilst he lauded, with the warmth becoming a dependent of the crown, "the tenderness, lenity, and condescension, the wisdom, justice, and equity, which his Majesty and the Parliament had manifested on this signal occasion," he carefully refrained from reminding the members of the obstacles he had endeavoured to raise, to their action on the case, and the severity with which he reprehended them for

sending delegates to the New York convention, and their approval of its proceedings. The Assembly did not fail to use so favourable an opportunity for retaliation, rendered more poignant, that the moderation of the province had received the commendation of the ministry; but the House would have enjoyed its triumph with forbearance, had not the governor, by an angry mesdrawn forth a severe retort.

sage,

CHAPTER X.

Comprising Events from 1766 to 1769.-I. Remaining discontents in the Colonies, after the repeal of the Stamp Act.-II. Dissatisfaction in Great Britain on account of the repeal-American taxation again proposed in Parliament, by Mr. Townsend-Bill imposing Duties on Goods imported into America, passed.-IV. Circular Letter of Massachusetts to the other Colonies.-V. Promptitude and Unanimity of the Colonies produced by the Farmer's Letters.-VI. Resort to Non-importation Agreements.-VII. The Ministry condemn the Circular Letter. VIII. Menacing Resolutions of Parliament against Massachusetts-The other Colonies approve her conduct.-IX. Modified repeal of the Imposts-Consequent modification of the Non-importation Agreements.-X. Numerous Law SuitsThe People complain of the Fees of the Courts -XI. Disputes between the Governor and the Assembly.-XII. Robbery of the Treasury of East Jersey-The Assembly require the removal of the Treasurer-He is protected by the Governor.-XIII. Efforts of Governor Franklin to encourage the culture of Hemp, Flax, and Silk.-XIV. New apportionment of Members in the Province.-XV. Testimonial of the Northern Indians to the Justice of the Colony.

I. Although the joy produced by the repeal of the stamp act, was common to all the colonies, the same temper did not prevail in all. In the commercial cities, the restrictions on trade excited scarce less disgust than had been created by the stamp act itself; and in the north, political parties had been formed, which betrayed excessive bitterness in opposition to each other. The first measures of Massachusetts and New York demonstrated that the reconciliation with the colonies was not cordial.

With the circular of Mr. Secretary Conway, announcing the repeal of the stamp act, came a resolution of Parliament, declaring, that those persons who had suffered injury by assisting to execute that act, ought to be compensated by the colonies, respectively, in which such injury was done. This, specially, affected Massachusetts, where compliance with the resolution was tardy, reluctant, and ungracious. An act of pardon to the offenders, and of indemnity to the sufferers, was, however, passed; but it was rejected by the King; because the colonial Assembly had no power under their charter, to pass an act of general pardon, but at the instance of the crown.

In New York, where General Gage was expected with a considerable body of troops, the governor required from the Legislature, compliance with the act of Parliament, called the "Mutiny Act," which directed, the colony, in which any of his Majesty's forces might be stationed, to provide barracks for them, and certain necessaries in their quarters. The Legislature, reluctantly and partially, complied with the requisition; but at a subsequent session, when the matter was again brought before them, they determined, that the act of Parliament could only be construed to require necessaries for troops on a march, and not while permanently stationed in the country; on a contrary construction, they said, the colony might be grievously burdened, by marching into it several regiments. This reason admits the obligation to obey the act. Yet, its requisitions were, unquestionably, a tax; and between the power of Parliament to levy money by its own authority, and, compulsorily, through the colonial Legislatures, no essential distinction can be drawn. A like requisition was made on the Legislature of New Jersey, in April, 1768, by Governor Franklin, which was fulfilled with cheerful alacrity. Such were the inaccurate ideas, which even then prevailed, in parts of the continent, relative to the control which Parliament