Chapter XXIII: Act XX: Disabling Lt. Col. Edward Hill and Lieut. John Stith. from (2)

Mr. _Hamilton_, I thank your Honour. Then, Gentlemen of the Jury, it is to you we must now appeal, for Witnesses, to the Truth of the Facts we have offered, and are denied the Liberty to prove; and let it not seem strange, that I apply my self to you in this Manner, I am warranted so to do both by Law and Reason. The Last supposes you to be summones, _out of the Neighbourhood where the Fact is alledged to be committed_; and the Reason of your being taken out of the Neighbourhood is, _because you are supposed to have the best Knowledge of the Fact that is to be tried_. And were you to find a Verdict against my Client, you must take upon you to say, the Papers referred to in the Information, and which we acknowledge we printed and published, are, _false, scandalous and seditious_; but of this I can have no Apprehension. You are Citizens of _New-York_; you are really what the Law supposes you to be, _honest and lawful Men_; and, according to my Brief, the Facts which we offer to prove were not committed in a Corner; they are notoriously known to be true; and therefore in your Justice lies our Safety. And as we are denied the Liberty of giving Evidence, to prove the Truth of what we have published, I will beg Leave to lay it down as a Standing Rule in such Cases, _That the suppressing of Evidence ought always to be taken for the strongest Evidence_; and I hope it will have that Weight with you....

... It is true in Times past it was a Crime to speak Truth, and in that terrible Court of Star-Chamber, many worthy and brave Men suffred for so doing; and yet even in that Court, and in those bad Times, a great and good Man durst say, what I hope will not be taken amiss of me to say in this Place, _to wit, the Practice of Informations for Libels is a Sword in the Hands of a wicked king and_ [of] _an arrand Coward to cut down and destroy the innocent; the one cannot, because of his high station, and the other dares not, because of his Want of Courage, revenge himself in another Manner._

Mr. _Attorney_, Pray Mr. _Hamilton_, have a Care what you say, don't go too far neither, I don't like those Liberties.

Mr. _Hamilton_, Sure, Mr. Attorney, you won't make any Applications; all Men agree that we are governed by the best of Kings, and I cannot see the Meaning of Mr. Attorney's Caution. ... May it please Your Honour, I was saying, That notwithstanding all the Duty and Reverence claimed by Mr. Attorney to Men in Authority, they are not exempt from observing the Rules of common Justice, either in their private or publick Capacities; the Laws of our Mother Country know no Exception....

I hope to be pardon'd, Sir, for my Zeal upon this Occasion: It is an old and wise Caution, _That when our Neighbour's House is on Fire, We ought to take Care of our own_. For tho', blessed be God, I live in a Government where Liberty is well understood, and freely enjoy'd; yet Experience has shewn us all (I'm sure it has to me) that a bad Precedent in one Government, is soon set up for an Authority in another; and therefore I cannot but think it mine, and every Honest Man's Duty, that (while we pay all due Obedience to Men in Authority) we ought at the same Time to be upon our Guard against Power [i.e., arbitrary power], wherever we apprehend that it may effect Ourselves or our Fellow-Subjects.

I am truly very unequal to such an Undertaking on many Accounts. And you see I labour under the Weight of many Years, and am born down with great Infirmities of Body; yet Old and Weak as I am, I should think it my Duty, if required, to go to the utmost Part of the land, where my Service cou'd be of any Use in assisting to quench the flame of Prosecutions upon Informations, set on Foot by the Government, to deprive a People of the Right of Remonstrating (and complaining too) of the arbitrary Attempts of Men in Power. Men who injure and oppress the People under their Administration provoke them to cry out and complain; and then make that very Complaint the foundation for new Oppressions and Prosecutions. ... But to conclude; the Question before the Court and you, Gentlemen of the Jury, is not of small nor private Concern, it is not the Cause of a poor Printer, nor of _New-York_ alone, which you are now trying; No! It may in its Consequence, affect every Freeman that lives under a British Government on the Main of _America_. It is the best Cause. It is the Cause of Liberty; and I make no Doubt but your upright Conduct, this Day, will not only entitle you to the Love and Esteem of your Fellow-Citizens; but every Man, who prefers Freedom to a Life of Slavery, will bless and honour You, as Men who have baffled the Attempt of Tyranny; and by an impartial and uncorrupt Verdict, have laid a noble Foundation for Securing to ourselves, our Posterity, and our Neighbours, That to which Nature and the Laws of our Country have given us a Right,--the Liberty--both of exposing and opposing arbitrary Power (in these Parts of the World, at least) by speaking and writing Truth....

Mr. _Ch. Just._ Gentlemen of the Jury. The great pains Mr. _Hamilton_ has taken, to shew how little Regard Juries are to Pay to the Opinion of the Judges; and his insisting so much upon the Conduct of some Judges in Tryals of this kind; is done, no doubt, with a Design that you should take but very little Notice of what I may say upon this Occasion. I shall therefore only observe to you that, as the Facts or Words in the Information are confessed: The only Thing that can come in Question before you is, Whether the Words, as set forth in the Information, make a Libel. And that is a Matter of Law, no doubt, and which you may leave to the Court. But I shall trouble you no further with any Thing more of my own, but read to you the Words of a learned and upright Judge in a Case of the like Nature.

_To say that corrupt Officers are appointed to administer Affairs, is certainly a Reflection on the Government. If People should not be called to account for possessing the People with an ill Opinion of the Government, no Government can subsist. For it is necessary for all Governments that the People should have a good Opinion of it. ..._

[Zenger adds]

The Jury withdrew, and in a small Time returned, and being asked by the Clerk, Whether they were agreed of their Verdict, and whether _John Peter Zenger_ was guilty of Printing and Publishing the Libels in the Information mentioned? They answered by _Thomas Hunt_, their Foreman, _Not Guilty_. Upon which there were three Huzzas in the Hall which was crowded with People, and the next Day I was discharged from my Imprisonment.

114. Franklin's "Albany Plan," July 10, 1754[113]

On the eve of the French and Indian War, in June 19, 1754, there
met at Albany, on the call of the Lords of Trade, a colonial
congress to agree upon measures of defense. Seven colonies
were represented,--New Hampshire, Massachusetts, Rhode Island,
Connecticut, New York, Pennsylvania, and Maryland,--none south of
the Potomac. Massachusetts had authorized her commissioners to
"enter into articles of union and confederation" with the other
colonies "as well in time of peace as of war." On the sixth day
of the session, the Congress voted unanimously that a union of
all the colonies was "absolutely necessary for their security." A
committee, representing each of the colonies present, was created
to consider various plans, and, after almost daily discussions,
a general plan was accepted on July 9. Franklin was appointed to
draft the detailed plan,--and, the next day, a form submitted by
him was adopted. Franklin afterward said of the result: "the Fate
of this Plan was singular ... The Crown disapproved it, as having
too much Weight in the Democratic Part of the Constitution; and
every Assembly, as having allowed too much to Prerogative. So it
was totally rejected."

The text of a number of other plans for colonial federation,
between 1696 and 1754, are collected in No. 14 of the _American
History Leaflets_.

_a. Motives_

The following extract is part of the "introduction" to the Plan
afterward drawn up by Franklin and printed in his _Works_ (Smyth
edition, III, 203-204).

The commissioners from a number of the northern colonies, being met at Albany, and considering the difficulties that have always attended the most necessary general measures for the common defence, or for the annoyance of the enemy, when they were to be carried through the several particular Assemblies of all the colonies; some Assemblies being before at variance with their governors or councils, and the several branches of the government not on terms of doing business with each other: others taking the opportunity, when their concurrence is wanted, to push for favorite laws, powers, or points, that they think could not at other times be obtained, and so creating disputes and quarrels; one Assembly waiting to see what another will do, being afraid of doing more than its share, or desirous of doing less, or refusing to do anything because its country is not at present so much exposed as others, or because another will reap more immediate advantage; from one or other of which causes, the Assemblies of six out of seven colonies applied to, had granted no assistance to Virginia when lately invaded by the French, though purposely convened, and the importance of the occasion earnestly urged upon them;--considering moreover, that one principal encouragement to the French, in invading and insulting the British American dominions, was their knowledge of our disunited state, and of our weakness arising from such want of union; and that from hence different colonies were, at different times, extremely harassed, and put to great expense both of blood and treasure, who would have remained in peace, if the enemy had had cause to fear the drawing on themselves the resentment and power of the whole;--the said commissioners, considering also the present encroachments of the French, and the mischievous consequences that may be expected from them, if not opposed with our [united] force, came to an unanimous resolution; _That a union of the colonies is absolutely necessary for their preservation_.

_b. The Plan_

_Broadhead's Documents relative to the Colonial History of New
York_, VI, 589-591.

_Plan of a proposed Union of the several Colonies of Massachusetts
Bay, New Hampshire, Connecticut, Rhode Island, New York, New
Jerseys, Pennsylvania, Maryland, Virginia, North Carolina, and
South Carolina,[114] for their mutual defence and security, and for
extending the British Settlements in North America._

That humble application be made for an Act of the Parliament of Great Brittain, by virtue of which, one General Government may be formed in America, including all the said Colonies, within and under which Government each Colony may retain its present Constitution, except in the particulars wherein a [_change_] may be directed by the said Act, as hereafter follows.

That the said General Government be administered by a president General, to be appointed and supported by the Crown, and a grand Council _to be chosen by the representatives of the people of the severall Colonies_, [_met_] in their respective Assemblies.[115]

[Provision for election of first grand council, of forty-eight members,--Massachusetts and Virginia to have _seven_ each, Pennsylvania _six_, Connecticut _five_, New York, Maryland, North Carolina, and South Carolina each _four_, New Jersey _three_, New Hampshire and Rhode Island each _two_.]

Who shall meet for the present time at the City of Philadelphia in Pennsylvania, being called by the President General as soon as conveniently may be after his appointment.

That there shall be a New Election of the Members of the Grand Council every three years, and on the death or resignation of any Member, his place should be supplyed by a new choice at the next sitting of the Assembly of the Colony he represented.

That after the first three years, when the proportion of money arising out of each Colony to the General Treasury can be known, the number of Members to be chosen, for each Colony shall from time to time in all ensuing Elections be regulated by that proportion (yet so as that the Number to be chosen by any one province be not more than seven nor less than two).

That the Grand Council shall meet once in every year, and oftener if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the President General, on any emergency, he having first obtained in writing the consent of seven of the Members to such call, and sent due and timely notice to the whole.

That the Grand Council have power to chuse their speaker, and =_shall neither be dissolved prorogued, nor continue sitting longer than six weeks at one time without their own consent,_[116] _or the special command of the Crown_=.

That the Members of the Grand Council shal be allowed for their service ten shillings sterling per diem, during their Sessions or [_and_] Journey to and from the place of Meeting; twenty miles to be reckoned a days Journey.

=_That the Assent of the President General be requisite to all Acts of the Grand Council_=, and that it be his Office and duty to cause them to be carried into execution.

That the President General with the advice of the Grand Council, hold or direct all Indian Treaties in which the general interest of the Colonys may be concerned; and make peace or declare War with Indian Nations. That they make such Laws as they judge necessary for the regulating all Indian Trade. That they make all purchases from Indians for the Crown, of lands not [now] within the bounds of particular Colonies, or that shall not be within their bounds when some of them are reduced to more convenient dimensions. That they make new settlements on such purchases by granting Lands, [in the King's name] reserving a Quit rent to the Crown, for the use of the General Treasury.

That they make Laws for regulating and governing such new settlements, till the Crown shall think fit to form them into particular Governments.

That they raise and pay Soldiers, and build Forts for the defence of any of the Colonies, and equip vessels of Force to guard the Coasts and protect the Trade on the Ocean, Lakes, or great Rivers; but they shall not impress men in any Colonies without the consent of its Legislature. That for these purposes they have power to make Laws and lay and Levy such general duties, imposts or taxes, as to them shall appear most equal and just, considering the ability and other circumstances of the Inhabitants in the several Colonies, and such as may be collected with the least inconvenience to the people, rather discouraging luxury, than loading Industry with unnecessary burthens.--That they might appoint a General Treasurer and a particular Treasurer in each Government when necessary, and from time to time may order the sums in the Treasuries of each Government, into the General Treasury, or draw on them for special payments as they find most convenient; yet no money to issue but by joint orders of the President General and Grand Council, except where sums have been appropriated to particular purposes, and the President General is previously impowered by an Act to draw for such sums.

That the General accounts shall be yearly settled and reported to the several Assemblies.

That a Quorum of the Grand Council impowered to act with the President General, do consist of twenty five Members, among whom there shall be one or more from a majority of the Colonies. That the laws made by them for the purposes aforesaid, shall not be repugnant, but as near as may be agreeable to the Laws of England, and shall be transmitted to the King in Council for approbation, as soon as may be after their passing, and if not disapproved within three years after presentation to remain in Force.

That in case of the death of the President General, the Speaker of the Grand Council for the time being shall succeed, and be vested with the same powers and authority, to continue until the King's pleasure be known.

[Commissions, military and civil, for officers acting under this constitution, to be issued jointly by President-General and Grand Council.]--That the particular, Military as well as Civil establishments in each Colony remain in their present State this General constitution notwithstanding. And that on sudden emergencies any Colony may defend itself, and lay the accounts of expence, thence arisen, before the President General and Grand Council, who may allow and order payment of the same if judged reasonable.

[In 1789 Franklin wrote, with good reason, that the adoption of
the Albany Plan would have probably delayed the separation of the
colonies from England, "perhaps during another century." There
would have been a central legislature to vote supplies and prepare
defense against Indians and French, and the British reasons for the
Stamp Act would not have existed.]

FOOTNOTES:

[91] The first part of this act is copied almost word for word from an act of the Long Parliament in 1651. That act, however, was not enforced. It applied only to shipping. The Act of 1660 added the "enumerating" clause (XVIII).

[92] Question having arisen in regard to the definition of English-built ships and English mariners, these terms were defined in section V of the Act of 1662 (14 Car. II, c. 11). The portion of the section relating to mariners follows: "And whereas it is required by the said Act that in sundry cases the Master and three fourths of the Mariners are to be English, it is to be understood that any of His Majesties Subjects of England, Ireland, _and His Plantations_ are to bee accounted English, and no others. ..."--_Statutes of the Realm_, V, 395.

[93] The sugar from the English colonies also paid duties on admission into English ports (lower than these here prescribed for _foreign_ sugars); but such duties were to be rebated, according to this section IX, upon reëxportation.

[94] The name "New England" still applied to all English America north of Delaware Bay.

[95] This was the first charter provision for appeal from a colonial court to England. The question had arisen just before in connection with the New England colonies. Cf. _American History and Government_, # 99.

[96] This was the first provision for a direct English veto upon colonial laws.

[97] All italics are by the editor. The Pennsylvania charter distinctly recognized the right of Parliament to tax the colonists. These clauses, with those regarding appeals and the royal veto, were added to Penn's draft by the King's Attorney-General.

[98] This grant was also in the "Laws Agreed upon in England," XXXV.

[99] That act decreed that, in order to vote, a man must own "fifty acres of land, ... twelve acres thereof, or more, cleared and improved; or be otherwise worth fifty pounds lawful money" above all indebtedness.

[100] By the law of England, the property of a suicide, like that of a man convicted of a felony, escheated to the crown. The other half of this same paragraph abolished another ancient legal cruelty.

[101] This provision (adopted also from the "Laws Agreed upon in England") is the first attempt in a constitution to establish _a regular method of amendment_. The attempt to exclude a portion of the document from amendment, so common for long afterward, begins here also (next paragraph).

[102] Five years later came an Indian uprising in which at least 300 colonists lost their lives.

[103] As governor of Virginia, Berkeley is disposed to side with the colony against the English policy. Cf. 19, note, below.

[104] Even as negroes were packed, the slaver of that time rarely carried a hundred slaves.

[105] Italicized by the editor. Cf. 11, above, and the note.

[106] This is a gross overstatement on Berkeley's part. Cf. _American History and Government_, # 96. It is notable, however, that even a courtier, like Berkeley, as a colonial governor, takes the point of view of his province against English policy. Cf. _ib._, # 118.

[107] Then why no Virginia ships _before_ 1660?

[108] Cf. No. 35, above.

[109] Queen Anne.

[110] A reference to the expulsion of James II.

[111] Paid a fine for refusing to serve.

[112] James Hamilton, an aged Pennsylvania lawyer.

[113] The "New Style" chronology was adopted by England in 1752.

[114] Georgia was not included. Franklin seems originally to have contemplated a union of the northern colonies only.

[115] In Franklin's comments upon the sections of this plan (_Works_, Smyth edition, III, 208 ff.), he adds to this section: " ... it being proposed by the gentlemen of the Council of New York ... to alter the plan in this particular, and _to give the governors and council_ of the several provinces a share in the choice of the grand council [or at least a veto upon the selections], it was said,....

"That it is essential to English liberty, that the subject should not be taxed but by his own consent, or the consent of his elected representatives.

"That taxes to be laid and levied by this proposed constitution will be proposed and agreed to by the representatives of the people, if the plan in this particular be preserved.

"But if the proposed alteration should take place, it seemed as if matters may be so managed as that the crown shall finally have the appointment, not only of the president-general, but of a majority of the grand Council....

"And so the people in all the colonies would in effect be taxed by their governors.

[Some three pages more of like argument.]

"Upon the whole the commissioners were of opinion that the choice was most properly placed in the representatives of the people."

[116] Franklin's comment was (see note above): "Governors have sometimes wantonly exercised the power of ... continuing the sessions of Assemblies, merely to harass the members and compel a compliance; and sometimes dissolve them on slight disgusts." This provision may have been suggested to Franklin by the fact that in his own colony the legislative sittings were independent of the governor's will (No. 103, _b_, above).

XX. HARSH PHASES OF COLONIAL SOCIETY[117]

115. Legal Punishment in Virginia, 1662-1748

Hening's _Statutes_, II, 75. The following statute was enacted in
March, 1662. It was reënacted, in similar words, in 1705 and in
1748 (_ib._ 367-368 and 507-508), and was in force at the opening
of the Revolution.

Whereas many offences are punishable by the laws of England and of this country with corporall punishments, for executeing whereof noe such provision hath been made as the said laws doe require; _Be it therefore enacted_, that, in every county, the court cause to be sett up a pillory, a pair of stocks, and a whipping post, neere the courthouse, and a ducking-stoole in such a place as they shall think convenient ... And the courts not causeing the said pillory and whipping post, stocks and ducking stoole to be erected within six months, after the date of this act shall be fined five thousand pounds of tobacco to the use of the publique.

116. White Servants in 1774

William Eddes, _Letters from America_.

These _Letters_, written in 1774, were printed in London in 1792.
Eddes was a customs official at Annapolis.

PERSONS in a state of servitude are under four distinct denominations: negroes, who are the entire property of their respective owners: convicts, who are transported from the mother country for a limited term: indented servants, who are engaged for five years previous to their leaving England; and free-willers, who are supposed, from their situation, to possess superior advantages....

Persons convicted of felony, and in consequence transported to this continent, if they are able to pay the expense of passage, are free to pursue their fortune agreeably to their inclinations or abilities. Few, however, have means to avail themselves of this advantage. These unhappy beings are, generally, consigned to an agent, who classes them suitably to their real or supposed qualifications; advertises them for sale, and disposes of them, for seven years, to planters, to mechanics, and to such as choose to retain them for domestic service.

* * * * *

The generality of the inhabitants in this province are very little acquainted with those fallacious pretences, by which numbers are continually induced to embark for this continent. On the contrary, they too generally conceive an opinion that the difference is merely nominal between the indented servant and the convicted felon: nor will they readily believe that people, who had the least experience in life, and whose characters were unexceptionable, would abandon their friends and families, and their ancient connexions, for a servile situation, in a remote appendage to the British Empire. From this persuasion they rather consider the convict as the more profitable servant, his term being for seven, the latter only for five years; and, I am sorry to observe, that there are but few instances wherein they experience different treatment. Negroes being a property for life, the death of slaves, in the prime of youth or strength, is a material loss to the proprietor; they are, therefore, almost in every instance, under more comfortable circumstances than the miserable European, over whom the rigid planter exercises an inflexible severity. They [white servants] are strained to the utmost to perform their allotted labour....

The situation of the free-willer is, in almost every instance more to be lamented than either that of the convict or the indented servant; the deception which is practised on those of this description being attended with circumstances of greater duplicity and cruelty. ... They are told, that their services will be eagerly solicited, in proportion to their abilities; that their reward will be adequate to the hazard they encounter by courting fortune in a distant region; and that the parties with whom they engage will readily advance the sum agreed on for their passage; which, being averaged at about nine pounds sterling, they will speedily be enabled to repay, and to enjoy, in a state of liberty, a comparative situation of ease and affluence. ... It is, therefore, an article of agreement with these deluded victims, that if they are not successful in obtaining situations, on their own terms, within a certain number of days after their arrival in the country, they are then to be sold, in order to defray the charges of passage....

117. Runaway Servants and Apprentices

From "Newspaper Extracts," 1770-1771, in _New Jersey Archives_,
First Series, XXVII. The editor of this volume is responsible for
the italics.

Trenton Goal, December 28, 1769.

This is to give notice, there was committed to my custody, by William Clayton, Esq., as a runaway apprentice on the 24th day of October last, THOMAS SANDAMAN. This is to inform his master or sheriff that he run away from, that they come and pay charges and take him away, _or he will be sold_ to pay cost and charges, on Saturday the 20th day of January, 1770, by me

PETER HANKINSON, _Goaler_.

--_The Pennsylvania Journal, No. 1413, January 4, 1770._

THREE POUNDS REWARD

Run-away on Friday the 12th Inst. from the Subscriber at Hunterdon County, in New-Jersey, an Apprentice, named DAVID COX, about Twenty Years of Age, a Carpenter and Joiner by Trade, but its likely he may pass for a Mill-Wright, as he has two Brothers of that Trade, that works near Albany. He is about 5 Feet 10 Inches high, large boned, knock kneed, of a dark Complexion, down Look, black Eyes, black Hair, and wears it tied. Had on when he went away, a grey coloured Coat and Jacket, pretty much worn, with Horn Buttons on them, new Leather Breeches, with black Horn Buttons, Russia Shirt, black Yarn Stockings, new Shoes, also a rusty Castor Hat, wears it cocked: It is also suspected he has stole his Indentures, and will very likely show them for a Pass, as he is near of Age. Whoever apprehends said Apprentice, and secures him in any Goal, so that his Master may have Notice thereof, shall have the above Reward, paid by me.

JAMES TAYLOR.

N. B. Perhaps he may change his Cloaths, that he may not be discovered.

--_The N. Y. Gazette, or Weekly Post Boy, No. 1412, January 22, 1770._

New Jersey, November 24, 1769.

Run-away the 22d September, from the Subscriber, living in Monmouth County, in the Township of Shrewsbury, in the Province of East New-Jersey; an indented Servant Man, named Walter Clark, _born in the Jerseys_, about Twenty-four Years of Age, a Black-Smith by trade, and understands farming Business; he is about six Feet high, has black curled Hair, and keeps his Mouth much open: He took several Suits of Apparel with him, all of a brownish Colour, some Broad Cloth, and some thin Stuff; also one striped double-breasted Jacket. Whoever takes up the above said Servant and delivers him to me the Subscriber, shall have Three Pounds Reward, and reasonable Charges paid, by me.

BENJAMIN JACKSON.

--_The N. Y. Journal or General Advertiser, No. 1412, January 25, 1770._

Run away from the subscriber, living near Morris-Town, in New-Jersey, on Christmas-day last, a servant man, named Thomas Clay, a Cooper by trade, _near 50 years of age_, about 5 feet 10 inches high, brown curled hair, will drink to excess, and then is noisy, likes to sing songs; had on, when he went away, a blue great coat, and jacket of the same, leather breeches, and felt hat. Whoever takes up and secures said servant, so that his master may have him again, shall have Three Pounds Reward, and reasonable charges, paid by

DANIEL GERARD, junior.

--_Pennsylvania Gazette, No. 2146, February 8, 1770_.

BURLINGTON, December 3, 1770.

This Day was committed to the Goal of this City, a certain Thomas Gearn, _upon suspicion of being a runaway Servant_; he says that he belongs to William Withers, living in Cecil County, Maryland, and that he left his said Master about 14 or 15 Weeks ago. Said Servant is about 20 Years of Age, and says when he left his Master he had _an Iron Collar on his Neck_, but soon got it off. Whoever owns the said Thomas Gearn, is desired to come or send; pay Charges immediately, and take him away.

--EPHRAIM PHILLIPS, _Goaler_.

GLOUCESTER COUNTY GOAL, September 12, 1771.

Taken up _on suspicion_, as a runaway servant and now confined here, a young man about 5 feet 6 inches high, marked with the small-pox, has on a blue coat, homespun shirt, and check trousers, says his name is Hugh M'Cage, and that he belongs to one William or John Miller, living near Lancaster. His master, if any he has, is desired to fetch him away, _and pay charges_; otherwise he will be _sold out_ in 3 weeks from the date hereof.

RICHARD JOHNSON, _Goaler_.

--_Pennsylvania Gazette_, Sept. 12, 1771.

[These advertisements all relate to _White_ men. Like entries
continue through the early Revolutionary days, often in the same
column with flaming expressions of the spirit of political liberty,
in a manner somewhat amazing to a modern reader. This one volume
of newspaper extracts for the years 1770-1771, has _seventy-seven_
such advertisements of run-away White servants for New Jersey
alone,--many times as many as there were for runaway Negroes.]

FOOTNOTES:

[117] Cf. _American History and Government_, ## 120-124.

D. THE REVOLUTION

XXI. PRELIMINARY PERIOD--TO 1774

On the history and subdivisions of this period, cf. _American
History and Government_, ## 126-144. Many documents which might be
expected for the Revolution are omitted in this volume because of
the short quotations from them in _American History and Government_.

118. Sugar Act of 1764

Pickering's _Statutes at Large_, XXVI, 33-52 (4 Geo. III, c. 15).
On the bearing of this and the Stamp Act (following) upon the
Revolution, cf. _American History and Government_, ## 131, 132.

_An act for granting certain duties in the_ British _colonies and plantations in_ America; _for continuing, amending, and making perpetual, an act passed in the sixth year of the reign of his late Majesty King_ George _the Second_, (_intituled_, An act for the better securing and encouraging the trade of his Majesty's sugar colonies in _America_;) _for applying the produce of such duties, and of the duties to arise by virtue of the said act, towards defraying the expences of defending, protecting, and securing the said colonies and plantations; ... and for altering and disallowing several drawbacks on exports from this kingdom, and more effectually preventing the clandestine conveyance of goods to and from the said colonies and plantations, and improving and securing the trade between the same and Great Britain._

WHEREAS _it is expedient that new provisions and regulations should be established for improving the revenue of this Kingdom, and for extending and securing the navigation and commerce between_ Great Britain _and your Majesty's dominions in_ America, _which, by the peace, have been so happily enlarged: and whereas it is just and necessary, that a revenue be raised, in your Majesty's said dominions in_ America, _for defraying the expences of defending, protecting, and securing the same_ ... be it enacted ..., That from and after [September 29, 1764], there shall be raised, levied, collected, and paid, unto his Majesty ..., for and upon all white or clayed sugars of the produce or manufacture of any colony or plantation in _America_, not under the dominion of his Majesty ...; for and upon indico, and coffee of foreign produce or manufacture; for and upon all wines (except _French_ wine;) for and upon all wrought silks, bengals, and stuffs, mixed with silk or herba, of the manufacture of _Persia_, _China_, or _East India_, and all callico painted, died, printed, or stained there; and for and upon all foreign linen cloth called _Cambrick_ and _French_ Lawns, which shall be imported or brought into any colony or plantation in _America_ ... under the dominion of his Majesty ..., the several rates and duties following; that is to say,

For every hundred weight avoirdupois of such foreign white or clayed sugars, one pound two shillings, over and above all other duties imposed by any former act of parliament....

For every hundred weight avoirdupois of such foreign coffee, which shall be imported from any place except _Great Britain_, two pounds, nineteen shillings, and nine pence.

For every ton of wine of the growth of the _Madeiras_, or of any other island or place from whence such wine may be lawfully imported ..., the sum of seven pounds.

For every ton of _Portugal_, _Spanish_, or any other wine (except _French_ wine) imported from _Great Britian_, the sum of ten shillings.

For every pound weight avoirdupois of wrought silks, bengals, and stuffs, mixed with silk or herba, of the manufacture of _Persia_, _China_, or _East India_, imported from _Great Britain_, two shillings.

For every piece of callico painted, dyed, printed, or stained, in _Persia_, _China_, or _East India_, imported from _Great Britain_, two shillings and six pence.

For every piece of foreign linen cloth, called _Cambrick_, imported from _Great Britain_, three shillings....

II. And it is hereby further enacted ... That from and after [September 29, 1764] there shall also be raised, levied, collected, and paid, unto his Majesty ..., for and upon all coffee and pimento of the growth and produce of any _British_ colony or plantation in _America_, which shall be there laden on board any _British_ ship or vessel, to be carried out from thence or any other place whatsoever, except _Great Britain_, the several rates and duties following; that is to say,

III. For every hundred weight avoirdupois of such _British_ coffee, seven shillings.

For every pound weight avoirdupois of such _British_ pimento, one half penny....

[IV, V, VI. The Sugar Act of 1733 (No. 100_c_) to continue in force perpetually with a decrease of one half in the rate upon imports from British colonies.]

* * * * *

XI. And it is further enacted ... That all the monies which ... shall arise by the several rates ... herein ... granted ... shall be paid into the receipt of his Majesty's Exchequer, =and shall be entered separate and apart from all other monies paid or payable to his Majesty ...: and shall be there reserved, to be, from time to time, disposed of by parliament, towards defraying the necessary expences of defending, protecting, and securing, the _British_ colonies and plantations in _America_=.

* * * * *

XVIII. And be it further enacted ..., That from and after ... [September 29, 1764] ..., no rum or spirits of the produce or manufacture of any of the colonies or plantations in _America_, not in the possession or under the dominion of his Majesty ..., shall be imported or brought into any of the colonies or plantations in _America_ which now are, or hereafter may be, in the possession or under the dominion of his Majesty ... upon forfeiture of all such ruin or spirits, together with the ship or vessel in which the same shall be imported, with the tackle, apparel, and furniture thereof; to be seized by any officer or officers of his Majesty's customs, and prosecuted in such manner and form as herein is after expressed; any law, custom, or usage, to the contrary notwithstanding.

* * * * *

XXVII. And it is hereby further enacted ..., That from and after ... [September 29, 1764] ..., all coffee, pimento, cocoa nuts, whale fins, raw silk, hides, and skins, pot and pearl ashes, of the growth, production, or manufacture, of any _British_ colony or plantation in _America_, shall be imported directly from thence into this kingdom, or some other _British_ colony or plantation.

[XXVIII Adds iron and lumber of all sorts to the "enumerated" list of articles to be exported by the colonies only to Great Britain.]

[Most of the omitted sections of this long act have to do with
providing a costly but efficient machinery of bonds, inspectors,
etc., to enforce the navigation laws. The stringent section, XXXV,
designed to prevent any trade whatever with the French West Indies
is added.]

XXXV. And, in order to prevent any illicit trade or commerce between his Majesty's subjects in _America_, and the subjects of the crown of France in the islands of _Saint Pierre_ and _Miquelon_, it is hereby further enacted ..., That from and after [September 29, 1764], if any _British_ ship or vessel _shall be found standing into, or coming out from, either of those islands, or hovering or at anchor within two leagues of the coasts thereof_, or shall be discovered to have taken any goods or merchandizes on board at either of them, or to have been there for that purpose; such ship or vessel, and all the goods so taken on board there, shall be forfeited and lost, and shall and may be seized and prosecuted by any officer of his Majesty's customs; and the master or other person having the charge of such ship or vessel, and every person concerned in taking any such goods on board, shall forfeit treble the value thereof.

119. Stamp Act

March 22, 1765

Pickering's _Statutes at Large_, XXVI, 179-204 (5 Geo. III, c. 12).

_An act for granting and applying certain stamp duties, and other duties, in the_ British _colonies and plantations in_ America, _towards further defraying the expences of defending, protecting, and securing the same; ..._

_WHEREAS ... it is just and necessary, that provision be made for raising a further revenue within your Majesty's dominions in_ America, _towards defraying the ... expences_ [of the colonies] ... be it enacted ..., That from and after the first day of _November_, one thousand seven hundred and sixty five, there shall be raised, levied, collected, and paid unto his Majesty, his heirs, and successors, throughout the colonies and plantations in _America_....

For every skin or piece of vellum or parchment, or sheet or piece of paper, on which shall be ingrossed, written or printed, any declaration, plea, replication, rejoinder, demurrer, or other pleading, or any copy thereof, in any court of law within the _British_ colonies and plantations in _America_, a stamp duty of three pence.

[Fifty-five paragraphs follow, each imposing a duty (varying from a penny to several pounds) for different legal or governmental papers, or upon the sale of certain articles, or upon pamphlets, with many pages of provisions for the enforcement of the law.]

LIV. And be it further enacted ..., That all the monies which shall arise by the several rates and duties hereby granted (except the necessary charges of raising, collecting, recovering, answering, paying, and accounting for the same, and the necessary charges from time to time incurred in relation to this act, and the execution thereof) shall be paid into the receipt of his Majesty's exchequer, and shall be entered separate and apart from all other monies, and shall be there reserved to be from time to time disposed of by parliament, =_towards further defraying the necessary expences of defending, protecting, and securing, the said colonies and plantations_=.

* * * * *

120. Reception of the Stamp Act in America

_a. Patrick Henry's Resolutions, May 27, 1765_

_Journals of the Virginia House of Burgesses, 1761-1765_,
lxvi-lxvii.

The text below gives the resolutions as approved in committee of
the whole, May 27. The last two failed to pass the House, May 28;
and May 29 the last of the others was expunged from the record.
The full text was published by newspapers, however, and it was
generally supposed that Virginia had approved them all as here
given.

_Whereas_, The Honorable House of Commons, in _England_, have of late drawn into question how far the General Assembly of this colony hath power to enact laws for laying of taxes and imposing duties payable by the people of this, his Majesty's most ancient colony; for settling and ascertaining the same to all future times, the House of Burgesses of this present General Assembly have come to the following resolves.

_Resolved_, That the first adventurers, settlers of this his Majesty's colony and dominion of _Virginia_, brought with them and transmitted to their posterity, and all other his Majesty's subjects, since inhabiting in this his Majesty's colony, all the privileges and immunities that have at any time been held, enjoyed, and possessed by the people of _Great Britain_.

_Resolved_, That by two royal charters, granted by King _James_ the First, the colony aforesaid are declared and entitled to all privileges, and immunities of natural born subjects, to all intents and purposes as if they had been abiding an born within the realm of _England_.

_Resolved_, That his Majesty's liege people of this ancient colony have enjoyed the right of being thus governed by their own Assembly in the article of taxes and internal police, and that the same have never been forfeited, or any other way yielded up, but have been constantly recognized by the King and people of _Great Britain_.

_Resolved_, Therefore, that the General Assembly of this colony, together with his Majesty or his substitutes, have, in their representative capacity, the only exclusive right and power to lay taxes and imposts upon the inhabitants of this colony; and that every attempt to vest such power in any other person or persons whatever than the General Assembly aforesaid, is illegal, unconstitutional, and unjust, and has a manifest tendency to destroy _British_ as well as _American_ liberty.

_Resolved_, That his Majesty's liege people, the inhabitants of this colony, are not bound to yield obedience to any law or ordinance whatever, designed to impose any taxation whatsoever upon them, other than the laws or ordinances of the General Assembly aforesaid.

_Resolved_, That any person who shall, by speaking or writing, assert or maintain that any person or persons, other than the General Assembly of this colony, have any right or power to impose or lay any taxation on the people here, shall be deemed an enemy to his Majesty's colony.

[The sixth and seventh resolutions point to _forcible resistance_,
not merely to _protest_. This is the peculiarity which marks off
this document from many others of the time. A few months later,
that tone was common. Cf. _b_, below.]

_b. An Association against the Stamp Act in a Virginia County, 1766_

_Journals of the House of Burgesses_, 1761-1765, lxxii. These
Resolutions were drawn by Richard Henry Lee.

[County] resolutions passed at _Leedstown_, on the 27th day of February 1766:

... We, who subscribe this paper, have associated, and do bind ourselves to each other, to God, and to our country, by the firmest ties that religion and virtue can frame, most sacredly and punctually to stand by, and with our lives and fortunes, to support, maintain, and defend each other in the observance and execution of these following articles....

* * * * *

_Thirdly._ As the Stamp Act does absolutely direct the property of the people to be taken from them without their consent expressed by their representatives, and as in many cases it deprives the _British American_ subject of his right to trial by jury; we do determine, at every hazard, and, paying no regard to danger or to death, we will exert every faculty, to prevent the execution of the said Stamp Act in any instance whatsoever within this Colony. And every abandoned wretch, who shall be so lost to virtue and public good, as wickedly to contribute to the introduction or fixture of the Stamp Act in this Colony, by using stampt paper, or by any other means, we will, with the utmost expedition, convince all such profligates that immediate danger shall attend their prostitute purpose.

_Fourthly._ That the last article may most surely and effectually be executed, we engage to each other, that whenever it shall be known to any of this association, that any person is so conducting himself as to favor the introduction of the Stamp Act, that immediate notice shall be given to as many of the association as possible; and that every individual so informed, shall, with expedition, repair to a place of meeting to be appointed as near the scene of action as may be....

_Sixthly._ If any attempt shall be made on the liberty or property of any associator for any action or thing to be done in consequence of this engagement, we do most solemnly bind ourselves by the sacred engagements above entered into, at the utmost risk of our lives and fortunes, to restore such associate to his liberty, and to protect him in the enjoyment of his property....

[One hundred and fifteen names are signed,--among them, a Washington and six Lees.]

_c. Resignation of Stamp Distributor in Virginia, 1765 (Letter of the Governor to the Lords of Trade)_

_Journals of the House of Burgesses, 1762-1765_, lxviii-lxxi.

WILLIAMSBURG Nov. 3d 1765.
MY LORDS,

The present unhappy state of this Colony, will, to my great concern, oblige me to trouble Your Lordships with a long and very disagreeable letter. We were for some time in almost daily expectations of the arrival of Colonel Mercer with the Stamps for the use of this Colony, and rumours were industriously thrown out that at the time of the General Court parties would come down from most parts of the country to seize on and destroy all Stamped Papers....

Very unluckily, Colonel Mercer arrived at the time this town was the fullest of Strangers. On Wednesday the 30th October he came up to town. I then thought proper to go to the Coffee house ... that I might be an eye witness of what did really pass, and not receive it by relation from others. The mercantile people were all assembled as usual. The first word I heard was "One and all"; upon which, as at a word agreed on before between themselves, they all quitted the place to find Colonel Mercer at his Father's lodgings where it was known he was. This concourse of people I should call a mob, did I not know that _it was chiefly if not altogether composed of gentlemen of property_ in the Colony, some of them at the head of their respective Counties, _and the merchants of the country_, whether English, Scotch or Virginian; for few absented themselves. They met Colonel Mercer on the way, just at the Capitol: there they stopped and demanded of him an answer whether he would resign or act in this office as Distributor of the Stamps. He said it was an affair of great moment to him; he must consult his friends; and promised to give them an answer at 10 o'clock on Friday morning at that place. This did not satisfy them; and they followed him to the Coffee house, in the porch of which I had seated myself with many of the Council and the Speaker, who had posted himself between the crowd and myself. We all received him with the greatest marks of welcome; with which, if one may be allowed to judge by their countenances, they [the "mob"] were not well pleased, tho' they remained quiet and were silent. Now and then a voice was heard from the crowd that Friday was too late; the Act would take place, they would have an answer tomorrow. Several messages were brought to Mr. Mercer by the leading men of the crowd, to whom he constantly answered he had already given an answer and he would have no other extorted from him. After some little time a cry was heard, "let us rush in." Upon this we that were at the top of the [steps], knowing the advantage our situation gave us to repell those who should attempt to mount them, advanced to the edge of the Steps, of which number I was one. I immediately heard a cry, "See the Governor, take care of him." Those who before were pushing up the steps, immediately fell back, and left a small space between me and them. If your Lordships will not accuse me of vanity I would say that I believe this to be partly owing to the respect they bore to my character and partly to the love they bore to my person. After much entreaty of some of his friends, Mr. Mercer was, against his own inclination, prevailed upon to promise them an answer at the Capitol the next evening at five. The crowd did not yet disperse; it was growing dark, and I did not think it safe to have to leave Mr. Mercer behind me, so I again advanced to the edge of the steps and said aloud I believed no man there would do me any hurt, and turned to Mr. Mercer and told him if he would walk with me through the people I believed I could conduct him safe to my house; and we accordingly walked side by side through the thickest of the people, who did not molest us, tho' there was some little murmurs. By me thus taking him under my protection, I believe I saved him from being insulted at least. When we got home we had much discourse on the subject. ... He left me that night in a state of uncertainty what part he should act.

Accordingly Mr. Mercer appeared at the Capitol at 5, as he had promised. The number of people assembled there was much increased, by messengers having been sent into the neighborhood for that purpose. Colonel Mercer then read to them the answer which is printed in the Supplement of the Gazette, of which I enclose your Lordships a copy, to which I beg leave to refer.[118]...

[Mercer offered to resign his commission to the governor--who refused to accept the resignation.] If I accepted the resignation, I must appoint another, and I was well convinced I could not find one to accept of it, in those circumstances, which would render the office cheap. Besides if I left Mr. Mercer in possession of the place he would be always ready to distribute the Stamped papers, whenever peoples eyes should be opened and they should come to their senses, so as to receive them....

FRANCIS FAUQUIER.

Colonel Mercer has informed me that he proposes to apply to the Commanders of His Majesty's ships of War, to take the Stamped Papers on board their ships for His Majesty's, service: it being the place of the greatest if not the only security for them: for I am convinced, as well as himself, that it would be extremely dangerous to attempt to land them during the present fermented state of the Colony. If these Gentlemen should refuse to take charge of them, and Mr. Mercer should apply to me, I will do my duty to His Majesty and save them from being destroyed, to the best of my power, tho' I can by no means answer for the success of my endeavors....

I am with the greatest respect and esteem, my Lords
Your Lordships most obedient
and devoted Servant.

FRANCIS FAUQUIER.

_d. Terrorizing the Respecters of the Law in New Jersey_

_The New York Gazette or Weekly Post Boy_, February 27, 1766;
reproduced in _New Jersey Archives_, First Series, XXV, 38.