History for ready reference, Volumes 1 to 5

Chapter CDXLIII: Act 8: Parliament 1. repeated in Act 99. Parliament 7 (40)

Text size

"By the erection, in 1696, of a new Standing Council, or Board
of Trade, under the denomination of 'The Lords Commissioners
for Trade and Plantations,' the interests of British commerce
and the affairs of Colonial trade and government were confided
to that body, which thenceforward became the repository of all
official intelligence upon those subjects, and the medium of
communication with the several governors and assemblies of the
Colonies. Yearly reports of the state of the Provinces were
required from the governors, in answer to queries addressed to
them by the Board. An Act of Parliament of the same year still
further restricted commercial intercourse, by limiting trade
between England and her Colonies to English, Irish and
Colonial built vessels, and by prohibiting Colonial produce
from going to the ports of Ireland or Scotland. … The feeble
attempts of the Colonists to make a portion of their own
clothing from their abundant materials had not been unnoticed
in England. Three years after—the Board of Trade having
received complaints from English merchants and manufacturers,
that the wool and woolen manufactures of Ireland and the North
American plantations began to be exported to foreign markets
formerly supplied by England—an Act passed the British
Parliament, … dictated by that sleepless vigilance which
guarded the staple manufacture of England. It prohibited the
exportation of any wool or woolen manufacture from Ireland,
except to certain ports in England; but, by way of
compensation, virtually surrendered to Ireland the linen
manufacture, then little regarded in comparison with the
woolen interests. In reference to the Colonies, it was enacted
that 'After the first day of December, 1699, no wool,
woolfels, yarn, cloth, or woolen manufactures of the English
plantations in America shall be shipped in any of the said
English plantations, or otherwise loaden, in order to be
transported thence to any place whatsoever, under the penalty
of forfeiting ship and cargo, and £500 for each offence.' … A
letter from New England to the Board of Trade [in 1715] …
reiterates the necessity of employing the New England people
in producing naval stores, to turn them from manufactures. …
The discouragement of American manufactures, from this time,
became the settled and avowed policy of the government, and,
three years later, the Bill prohibiting the erection of forges
and iron mills was introduced, and declared that the erecting
of Manufactories in the Colonies 'tends to lessen their
dependence upon Great Britain.' … The company of Feltmakers,
in London, petitioned Parliament, in February, 1731, to
prohibit the exportation of hats from the American Colonies,
representing that foreign markets were almost altogether
supplied from thence, and not a few sent to Great Britain. The
petition was referred to a special committee, who reported
that, in New York and New England, beaver hats were
manufactured to the number, it was estimated, of 10,000
yearly. … The exports were to the Southern plantations, the
West Indies, and Ireland. In consequence of this evidence, and
that furnished by the Board of Trade in the same session, an
act was passed (5 George II. c. 22) that 'no hats or felts,
dyed or undyed, finished or unfinished, shall be put on board
any vessel in any place within any of the British plantations;
nor be laden upon any horse or other carriage to the intent to
be exported from thence to any other plantation, or to any
other place whatever, upon forfeiture thereof, and the
offender shall likewise pay £500 for every such offence.' …
This severe and stringent law continued in force in the
Colonies until the Revolution. It aimed at the prostration of
one of the oldest and, on account of the abundance and
cheapness of beavers and other furs, one of the most
profitable branches of industry."

_J. L. Bishop,
History of American Manufactures,
volume 1, chapter 14._

In 1749 an act of Parliament was passed "to encourage the
importation of pig and bar iron from his majesty's colonies in
America, and to prevent the erection of any mill or other
engine for slitting or rolling of iron, or any plateing forge
to work with a tilt hammer, or any furnace for making steel in
any of the said colonies." "Pig iron was allowed to be
imported free to all parts of the kingdom, so as to secure
cheap bar iron. But bar iron could not be imported at any port
but London, and carried no further than ten miles from that
city. This clause was intended to aid the owners of woods. In
order to protect the nail trade, all slitting-mills in the
colonies were ordered to be destroyed."

_J. B. Pearse,
Concise History of the Iron Manufacture
of the American Colonies,
page 121._

ALSO IN:
_W. B. Weeden,
Economic and Social History of New England,
volume 2._

G. L. Beer,
Commercial Policy of England toward the Colonies
(Col. Col. Studies, volume 3).

See, also, UNITED STATES OF AMERICA: A. D. 1763 and 1764.

{3174}

UNITED STATES OF AMERICA:A. D. 1704-1729.
The first colonial newspapers.

See PRINTING AND PRESS: A. D. 1704-1729.

UNITED STATES OF AMERICA: A. D. 1748-1754.
First collisions with the French in the Ohio Valley.

"As the year 1750 approached, there came upon the colonies two
changes, destined to lead to a new political life. In the
first place, the colonies at last began to overrun the
mountain barrier which had hemmed them in on the west, and
thus to invite another and more desperate struggle with the
French. The first settlement made west of the mountains was on
a branch of the Kanawha (1748); in the same season several
adventurous Virginians hunted and made land-claims in Kentucky
and Tennessee. Before the close of the following year (1749)
there had been formed the Ohio Company, composed of wealthy
Virginians, among whom were two brothers of Washington. King
George granted them 500,000 acres, on which they were to plant
100 families and build and maintain a fort. The first attempt
to explore the region of the Ohio brought the English and the
French traders into conflict; and troops were not long in
following, on both sides.

See OHIO VALLEY: A. D. 1748-1754.

At the same time the home government was awaking to the fact
that the colonies were not under strict control. In 1750 the
Administration began to consider means of stopping unlawful
trade."

_R. G. Thwaites,
The Colonies, 1492-1750
(Epochs of American History),
chapter 14, section 130._

UNITED STATES OF AMERICA: A. D. 1749-1755.
Unsettled boundary disputes of England and France.
Preludes of the last French War.

See NOVA SCOTIA: A. D. 1749-1755;
CANADA: A. D. 1750-1753; 1755;
and OHIO (VALLEY): A. D. 1754.

UNITED STATES OF AMERICA: A. D. 1750-1753.
The eve of the great French war.
Attitude of the colonies.

"The quarrel in which the French and English now engaged was
exclusively a colonial one. The possession and defence of the
Americans had already cost, over and over again, a larger sum
than the whole produce of their trade would have produced. The
English had the mortification of observing that the colonists
claimed an the security of Englishmen against attack, and
repudiated their obligation to take a share of the burdens
which their defence occasioned. Were they attacked by the
French,—they were Englishmen, and had a right to the ægis
which that name throws over all subjects of the crown; were
they called upon for a subscription in aid of the war,—they
were men who would not submit to be taxed without their own
consent; were they taken at their word, and requested through
their own assemblies to tax themselves,—they sometimes
refused, and sometimes doled out a minute supply, taking care
to mix up with their money bill some infringement on the royal
prerogative, which rendered it impossible, except under severe
exigency of the public service, for the governor to accept the
terms offered. … The action of the colonies at this crisis was
in accordance with their invariable policy. As soon as they
perceived that the French meditated a war of aggression in
America, a chorus of complaint and apprehension came at once
from the colonists. Shirley, Governor of Massachusetts, and
Clinton, Governor of New York, had convened an assembly at
Albany during the last year of the last war, to concert
measures for uniting an the colonies for common defence;
Massachusetts and the other New England States were, of
course, anxious that the union should be carried out. They
were the barrier between the Canadas and the southern
colonies, and if any attack was made they must bear the brunt
of it. … The Congress of Albany, and especially the
Legislature of Massachusetts, advocated the erection of a line
of detached forts which might be so arranged as to overawe the
French frontier, and defend the New England colonies from
attack. … It was all in vain; every colony, with the exception
of Massachusetts, Connecticut, and South Carolina, refused to
contribute one farthing towards the expense. … Even in 1753,
when the French were actually on the Ohio, and Washington had
brought back certain intelligence of their intentions and
views, the Virginians refused supplies to Dinwiddie because
they declared themselves 'easy on account of the French.' When
at last the French had actually established themselves in
fortified posts at Niagara, at Le Bœuf, and at Venango, when
Contrecœur had driven a colonial officer out of a post which
he held on the forks of the Monongahela, when Fort du Quesne
had arisen on the ruins of an English stockade, they could no
longer close their eyes to the danger which was actually
within the boundaries of their State. They granted £10,000 of
their currency; but Dinwiddie wrote home that the bill was so
clogged with encroachments on the prerogative, that he would
not have given his assent had not the public service rendered
the supply imperatively necessary."

_Viscount Bury,
Exodus of the Western Nations,
volume 2, chapter 7._

"The attitude of these various colonies towards each other is
hardly conceivable to an American of the present time. They
had no political tie except a common allegiance to the British
Crown. Communication between them was difficult and slow, by
rough roads traced often through primeval forests. Between
some of them there was less of sympathy than of jealousy
kindled by conflicting interests or perpetual disputes
concerning boundaries. The patriotism of the colonist was
bounded by the lines of his government, except in the compact
and kindred colonies of New England, which were socially
united, though politically distinct. The country of the New
Yorker was New York, and the country of the Virginian was
Virginia. The New England colonies had once confederated; but,
kindred as they were, they had long ago dropped apart. … Nor
was it this segregation only that unfitted them for war. They
were all subject to popular legislatures, through whom alone
money and men could be raised; and these elective bodies were
sometimes factious and selfish, and not always either
far-sighted or reasonable. Moreover, they were in a state of
ceaseless friction with their governors, who represented the
king, or, what was worse, the feudal proprietary. These
disputes, though varying in intensity, were found everywhere
except in the two small colonies which chose their own
governors; and they were premonitions of the movement towards
independence which ended in the war of Revolution. The
occasion of difference mattered little. Active or latent, the
quarrel was always present. … Divided in government; divided
in origin, feelings, and principles; jealous of each other,
jealous of the Crown; the people at war with the executive,
and, by the fermentation of internal politics, blinded to an
outward danger that seemed remote and vague,—such were the
conditions under which the British colonies drifted into a war
that was to decide the fate of the continent."

_F. Parkman,
Montcalm and Wolfe,
chapter 1 (volume 1)._

{3175}

UNITED STATES OF AMERICA: A. D. 1754.
The Congress at Albany and its Plans of Union.
Franklin's account.

"In 1754, war with France being again apprehended, a congress
of commissioners from the different colonies was, by an order
of the Lords of Trade, to be assembled at Albany, there to
confer with the chiefs of the Six Nations concerning the means
of defending both their country and ours. Governor Hamilton
[of Pennsylvania], having received this order, acquainted the
House with it, requesting they would furnish proper presents
for the Indians, to be given on this occasion; and naming the
speaker (Mr. Norris) and myself to join Mr. Thomas Penn and
Mr. Secretary Peters as commissioners to act for Pennsylvania.
(The House approved the nomination, and provided the goods for
the present, and tho' they did not much like treating out of
the provinces;) and we met the other commissioners at Albany
about the middle of June. In our way thither, I projected and
drew a plan for the union of all the colonies under one
government, so far as might be necessary for defense, and
other important general purposes. As we passed thro' New York,
I had there shown my project to Mr. James Alexander and Mr.
Kennedy, two gentlemen of great knowledge in public affairs,
and, being fortified by their approbation, I ventured to lay
it before the Congress. It then appeared that several of the
commissioners had formed plans of the same kind. A previous
question was first taken, whether a union should be
established, which passed in the affirmative unanimously. A
committee was then appointed, one member from each colony, to
consider the several plans and report. Mine happened to be
preferred, and, with a few amendments, was accordingly
reported. … The debates upon it in Congress went on daily,
hand in hand with the Indian business. Many objections and
difficulties were started, but at length they were all
overcome, and the plan was unanimously agreed to, and copies
ordered to be transmitted to the Board of Trade and to the
assemblies of the several provinces. Its fate was singular:
the assemblies did not adopt it, as they all thought there was
too much 'prerogative' in it, and in England it was judged to
have too much of the 'democratic.' The Board of Trade
therefore did not approve of it, nor recommend it for the
approbation of his majesty; but another scheme was formed,
supposed to answer the same purpose better, whereby the
governors of the provinces, with some members of their
respective councils, were to meet and order the raising of
troops, building of forts, etc., and to draw on the treasury
of Great Britain for the expense, which was afterwards to be
refunded by an act of Parliament laying a tax on America. …
The different and contrary reasons of dislike to my plan makes
me suspect that it was really the true medium; and I am still
of opinion it would have been happy for both sides the water
if it had been adopted. The colonies, so united, would have
been sufficiently strong to have defended themselves; there
would then have been no need of troops from England; of
course, the subsequent pretence for taxing America, and the
bloody contest it occasioned, would have been avoided."

_B. Franklin,
Autobiography
(edited by John Bigelow)
volume 1, pages 308-310._

"When the members assembled at the Court House in Albany on
the 19th of June, it was found that Pennsylvania, was not
alone in appointing a distinguished citizen to represent her.
On the roll of the congress were the names of
Lieutenant-governor De Lancey, of New York, who presided; and
from the same province William Smith, the historian, and the
future Sir William Johnson, not yet made a baronet. From the
proprietary provinces of Pennsylvania and Maryland were the
well known officials, John Penn, grandson of the founder;
Richard Peters; and Benjamin Tasker. From the province of New
Hampshire were her future governor, Meshech Weare, and
Theodore Atkinson; and from the province of Massachusetts Bay,
the late Lieutenant-governor, Thomas Hutchinson, Colonel John
Chandler, of Worcester, and Oliver Partridge, a man of
commanding influence in western Massachusetts. Lastly, the two
colonies which had so tenaciously preserved their charter
governments through the vicissitudes of more than a
century,—Connecticut and Rhode Island,—had acceded to the
repeated solicitations of the home government, and with
unfeigned reluctance, we may be sure, had sent as
representatives men of such wide experience in their colonial
concerns as Roger Wolcott, Jr., and Stephen Hopkins,
'America,' says Mr. Bancroft, 'had never seen an assembly so
venerable for the states that were represented, or for the
great and able men who composed it.' They were detained in
this hospitable old Dutch town for more than three weeks. …
Franklin's plan … was not approved by a single one of the
colonial assemblies before which it was brought; and … no
action was ever taken on it in England. Yet there is no
contribution to constructive statesmanship preceding the year
1776, which had a profounder effect on the subsequent growth
and development of the idea of American nationality. Even in
the amended form in which it was 'approved' by the congress,
it was, says a recent writer, 'in advance of the Articles [of
Confederation] in its national spirit, and served as the
prototype of the constitution itself.'"

_W. E. Foster,
Stephen Hopkins: a Rhode Island Statesman,
chapter 6 (part 1)._

The Plan of Union, as adopted by the Congress at Albany, was
accompanied by a "Representation of the Present State of the
Colonies." The following is the full text of the
Representation, followed by that of the Plan of Union:

"That His Majesty's Title to the Northern Continent of
America, appears to be founded on the Discovery thereof first
made, and the Possession thereof first taken in 1497, under a
Commission from Henry the VIIth, of England, to Sebastian
Cabot. That the French have possessed themselves of several
Parts of this Continent, which by Treaties, have been ceded
and confirmed to them: That the Rights of the English to the
whole Sea Coast, from Georgia, on the South, to the River St.
Lawrence, on the North, excepting the Island of Cape-Breton,
in the Bay of St. Lawrence, remains plain and indisputable.
{3176}
That all the Lands or Countries Westward from the Atlantic
Ocean to the South Sea, between 48 and 34 Degrees of North
Latitude, were expressly included in the Grant of King James
the First, to divers of his Subjects, so long since, as the
Year 1606, and afterwards confirmed in 1620; and under this
Grant, the Colony of Virginia claims an Extent as far West as
to the South Sea; and the antient Colonies of the
Massachusetts-Bay and Connecticut, were by their respective
Charters, made to extend to the said South Sea; so that not
only the Right to the Sea Coast, but to all the Inland
Countries, from Sea to Sea, have at all Times been asserted by
the Crown of England. That the Province of Nova Scotia or
Accadia, hath known and determinate Bounds, by the original
Grant from King James the First; and that there is abundant
Evidence of the same, [and of the Knowledge] which the French
had of these Bounds, while they were in Possession of it; and
that these Bounds being thus known, the said Province by the
Treaty of Utrecht, according to its antient Limits, was ceded
to Great-Britain, and remained in Possession thereof, until
the Treaty of Aix la Chapelle, by which it was confirmed; but
by said Treaty it is stipulated, That the Bounds of the said
Province shall be determined by Commissioners, &c. That by the
Treaty of Utrecht, the Country of the Five Cantons of the
Iroquoise, is expressly acknowledged to be under the Dominion
of the Crown of Great-Britain. That the Lake Champlain,
formerly called Lake Iroquoise, and the Country Southward of
it, as far as the Dutch or English Settlements, the Lake
Ontario, Erie, and all the Countries adjacent, have by all
antient Authors, French and English, been allowed to belong to
the Five Cantons or Nations; and the whole of those Countries,
long before the said Treaty of Utrecht, were by the said
Nations, put under the Protection of the Crown of
Great-Britain. That by the Treaty of Utrecht, there is a
Reserve to the French, a Liberty of frequenting the Countries
of the Five Nations, and other Indians in Friendship with
Great-Britain, for the Sake of Commerce; as there is also to
the English, a Liberty of frequenting the Countries of those
in Friendship with France, for the same Purpose. That after
the Treaty of Utrecht, the French built several Fortresses in
the Country of the Five Nations, and a very strong one at a
Place called Crown-Point, to the South of the Lake Champlain.
That the French Court have evidently, since the Treaty of Aix
la Chapelle, made this Northern Continent more than ever, the
Object of its Attention. That the French have most unjustly
taken Possession of a Part of the Province of Nova-Scotia; and
in the River St. John's, and other Parts of said Province,
they have built strong Fortresses; and from this River they
will have, during the Winter and Spring Season, a much easier
Communication between France and Canada, than they have
heretofore had, and will be furnished with a Harbour more
commodiously situated for the Annoying the British Colonies by
Privateers and Men of War, than Louisbourg itself. That they
have taken Possession of, and begun a Settlement at the Head
of the River Kennebeck, within the Bounds of the Province of
Main, the most convenient Situation for affording Support, and
a safe Retreat, to the Eastern Indians, in any of their
Attempts upon the Governments of New England. That it appears
by the Information of the Natives, the French have been making
Preparations for another Settlement, at a Place called Cohass,
on Connecticut River, near the Head thereof, where 'tis but
about ten Miles distant from a Branch of Merrimack River; and
from whence, there is a very near and easy Communication with
the Abnekais Indians, who are settled on the River St.
Francois, about forty Miles from the River St. Lawrence; and
it is certain, the Inhabitants of New-Hampshire, in which
Province this Cohass is supposed to lie, have been interrupted
and impeded by the French Indians, from making any Settlement
there. That since the Treaty of Aix la Chapelle, the French
have increased the Number of their Forts in the Country of the
great Lakes, and on the Rivers which run into the Mississippi,
and are securing a Communication between the two Colonies of
Louisiana and Canada, and at the same Time, putting themselves
into a Capacity of annoying the Southern British Colonies, and
preventing any further Settlements of His Majesty's Dominions.
That they have been gradually increasing their Troops in
America, transporting them in their Ships of War, which return
to France with a bare Complement of Men, leaving the rest in
their Colonies; and by this Means, they are less observed by
the Powers of Europe, than they would be, if Transports as
usual heretofore, were provided for this Purpose. That they
have taken Prisoners diverse of His Majesty's Subjects,
trading in the Country of the Iroquoise, and other inland
Parts, and plundered such Prisoners of several Thousand Pounds
Sterling; and they are continually exciting the Indians to
destroy or make Prisoners the Inhabitants of the Frontiers of
the British Colonies; which Prisoners are carried to Canada,
and a Price equal to what Slaves are sold in the Plantations,
is demanded for their Redemption and Release. That they are
continually drawing off the Indians from the British Interest,
and have lately perswaded one Half of the Onondago Tribe, with
many from the other Nations along with them, to remove to a
Place called Oswegachie, on the River Cadaracqui, where they
have built them a Church and Fort; and many of the Senecas,
the most numerous Nation, appear to be wavering, and rather
inclined to the French. And it is a melancholy Consideration,
that not more than 150 Men of all the several Nations, have
attended this Treaty, altho' they had Notice, that all the
Governments would be here by their Commissioners, and that a
large Present would be given. That it is the evident Design of
the French to surround the British Colonies, to fortify
themselves on the Back thereof, to take and keep Possession of
the Heads of all the important Rivers, to draw over the
Indians to their Interest, and with the Help of such Indians,
added to such Forces as are already arrived, and may be
hereafter sent from Europe, to be in a Capacity of making a
general Attack upon the several Governments; and if at the
same Time, a strong Naval Force be sent from France, there is
the utmost Danger, that the whole Continent will be subjected
to that Crown: And that the Danger of such a Naval Force is
not merely imaginary, may be argued from past Experience. For
had it not been by the most extraordinary Interposition of
Heaven, every Sea Port Town on the Continent, in the Year
1746, might have been ravaged and destroyed, by the Squadron
under the Command of the Duke D'Anville, notwithstanding the
then declining State of the French, and the very flourishing
State of the British Navy, and the further Advantage accruing
to the English, from the Possession of Cape-Breton.
{3177}
That the French find by Experience, they are able to make
greater and more secure Advantages upon their Neighbours, in
Peace than in War. What they unjustly possessed themselves of,
after the Peace of Utrecht, they now pretend they have a Right
to hold, by Virtue of the Treaty of Aix la Chapelle, until the
true Boundary between the English and French be settled by
Commissioners; but their Conquests made during War, they have
been obliged to restore. That the French Affairs relative to
this Continent, are under one Direction, and constantly
regarded by the Crown and Ministry, who are not insensible how
great a Stride they would make towards an Universal Monarchy,
if the British Colonies were added to their Dominions, and
consequently the whole Trade of North-America engrossed by
them. That the said Colonies being in a divided, disunited
State, there has never been any joint Exertion of their Force,
or Council, to repel or defeat the Measures of the French; and
particular Colonies are unable and unwilling to maintain the
Cause of the whole. That there has been a very great Neglect
of the Affairs of the Iroquoise, as they are commonly called,
the Indians of the Six Nations, and their Friendship and
Alliance has been improved to private Purposes, for the Sake
of the Trade with them, and the Purchase or Acquisition of
their Lands, more than the Public Services. That they are
supplied with Rum by the Traders, in vast and almost
incredible Quantities; the Laws of the Colonies now in Force,
being insufficient to restrain the Supply. And the Indians of
every Nation, are frequently drunk, and abused in their Trade,
and their Affections thereby alienated from the English; they
often wound and murder one another in their Liquor, and to
avoid Revenge, fly to the French; and perhaps more have been
lost by these Means than by the French Artifice. That
Purchases of Land from the Indians by private Persons, for
small trifling Considerations, have been the Cause of great
Uneasiness and Discontents; and if the Indians are not in fact
imposed on and injured, yet they are apt to think they have
been; and indeed, they appear not fit to be entrusted at
Large, with the Sale of their own Lands: And the Laws of some
of the Colonies, which make such Sales void, unless the
Allowance of the Government be first obtained, seem to be well
founded. That the Granting or Patenting vast Tracts of Land to
private Persons or Companies, without Conditions of speedy
Settlements, has tended to prevent the Strengthening the
Frontiers of the particular Colony where such Tracts lie, and
been Prejudicial to the rest. That it seems absolutely
necessary, that speedy and effectual Measures be taken, to
secure the Colonies from the Slavery they are threatened with:
that any farther Advances of the French should be prevented;
and the Encroachments already made, removed. That the Indians
in Alliance or Friendship with the English, be constantly
regarded under some wise Direction or Superintendency. That
Endeavours be used for the Recovery of those Indians who are
lately gone over to the French, and for securing those that
remain. That some discreet Person or Persons be appointed to
reside constantly among each Nation of Indians; such Person to
have no Concern in Trade, and duly to communicate all Advices
to the Superintendents. That the Trade with the said Indians
be well regulated, and made subservient to the Public
Interest, more than to private Gain. That there be Forts built
for the Security of each Nation, and the better carrying on
the Trade with them. That warlike Vessels be provided,
sufficient to maintain His Majesty's Right to a free
Navigation on the several Lakes. That all future Purchases of
Lands from the Indians be void, unless made by the Government
where such Lands lie, and from the Indians in a Body, in their
public Councils. That the Patentees or Possessors of large
unsettled Territories, be enjoined to cause them to be settled
in a reasonable Time, on Pain of Forfeiture. That the
Complaints of the Indians, relative to any Grants or
Possessions of their Lands, fraudulently obtained, be inquired
into, and all Injuries redressed. That the Bounds of those
Colonies which extend to the South Seas, be contracted and
limited by the Alleghenny or Apalachian Mountains; and that
Measures be taken, for settling from time to time, Colonies of
His Majesty's Protestant Subjects, Westward of said Mountains,
in convenient Cantons, to be assigned for that Purpose. And
finally, that there be an Union of His Majesty's several
Governments on the Continent, that so their Councils,
Treasure, and Strength, may be employed in due Proportion,
against their common Enemy."

The Plan of Union, adopted on the 10th of July, was as
follows:

"Plan of a proposed Union of the several Colonies of
Massachusetts-Bay, New-Hampshire, Connecticut, Rhode-Island,
New-York, New-Jersey, Pennsylvania, Maryland, Virginia,
North-Carolina, and South Carolina, for their mutual Defence
and Security, and for the Extending the British Settlements in
North-America. That humble Application be made for an Act of
the Parliament of Great-Britain, 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 several Colonies, met in their respective
Assemblies. That within Months after the Passing of such Act,
the House of Representatives in the several Assemblies, that
happen to be sitting within that Time, or that shall be
especially for that Purpose convened, may and shall chuse
Members for the Grand Council, in the following Proportions;
that is to say: Massachusetts-Bay, 7; New-Hampshire, 2;
Connecticut, 5; Rhode-Island, 2; New-York, 4; New-Jersey, 3;
Pennsylvania, 6; Maryland, 4; Virginia, 7, North-Carolina, 4;
South Carolina, 4: = 48. Who shall meet for the first 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 Members for
the Grand Council every three Years; and on the Death or
Resignation of any Member, his Place shall be supplied by a
new Choice, at the next Sitting of the Assembly of the Colony
he represented.
{3178}
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, or the special Command of the
Crown. That the Members of the Grand Council shall be allowed
for their Service, Ten Shillings Sterling per Diem, during
their Session and Journey to and from the Place of Meeting,
twenty Miles to be reckoned a Day's 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 or Welfare of the
Colonies may be concerned; and to make Peace or declare War
with Indian Nations. That they make such Laws as they judge
necessary for regulating all Indian Trade. That they make all
Purchases from Indians for the Crown, of the Lands now not
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 may raise and pay Soldiers,
and build Forts for the Defence of any of the Colonies, and
equip Vessels of Force to guard the Coast, and protect the
Trade on the Ocean, Lakes, or great Rivers; but they shall not
impress Men in any Colony, without the Consent of its
Legislature. That for those Purposes, they have Power to make
Laws, and lay and levy such general Duties, Imposts, or Taxes,
as to themselves 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 may
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 Power and
Authorities, and continue 'till the King's Pleasure be known.
That all Military Commission Officers, whether for Land or Sea
Service, to act under this General Constitution, be nominated
by the President General, but the Approbation of the Grand
Council is to be obtained, before they receive their
Commissions. And all Civil Officers are to be nominated by the
Grand Council, and to receive the President General's
Approbation, before they officiate. But in Case of Vacancy, by
Death or Removal of any Officer, Civil or Military, under this
Constitution, the Governor of the Provinces in which such
Vacancy happens, may appoint, 'till the Pleasure of the
President General and Grand Council can be known. 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 Expense
thence arisen, before the President General and Grand Council,
who may allow and order Payment of the same, as far as they
judge such Accounts just and reasonable."

_Stephen Hopkins,
A True Representation of the Plan formed at Albany in 1754,
for uniting all the British Northern Colonies;
with introduction and notes by S. S. Rider
(Rhode Island Historical Tracts, Number 9)._

ALSO IN:
_Proceedings of Commissioners at Albany
(Doc. Hist. of New York, volume 2, pages 545-617)._

_T. C. Haliburton,
Rule and Misrule of the English in America,
pages 253-258._

_J. R. Brodhead, editor,
Documents relative to Colonial History of New York,
volume 6, pages 853-905._

_Journal of Congress at Albany in 1754
(Massachusetts Historical Society Collection,
series 3, volume 5)._

UNITED STATES OF AMERICA: A. D. 1755.
Demand of the royal governors in America for taxation
of the colonies by act of Parliament.

At the congress of American governors which General Braddock
convened at Alexandria, in April, 1755, on his first arrival
in America as commander-in-chief of the British forces,
"Braddock directed their attention, first of all, to the
subject of a colonial revenue, on which his instructions
commanded him to insist, and his anger kindled 'that no such
fund was already established.' The governors present,
recapitulating their strifes with their assemblies, made
answer: 'Such a fund can never be established in the colonies
without the aid of parliament. Having found it impracticable
to obtain in their respective governments the proportion
expected by his majesty toward defraying the expense of his
service in North America, they are unanimously of opinion that
it should be proposed to his majesty's ministers to find out
some method of compelling them to do it, and of assessing the
several governments in proportion to their respective
abilities.'
{3179}
This imposing document Braddock sent forthwith to the
ministry, himself urging the necessity of laying some tax
throughout his majesty's dominions in North America. … I have
had in my hands vast masses of correspondence, including
letters from servants of the crown in every royal colony in
America; from civilians, as well as from Braddock and Dunbar
and Gage; from Delancey and Sharpe, as well as from Dinwiddie
and Shirley; and all were of the same tenor. The British
ministry heard one general clamor from men in office for
taxation by act of parliament. … In England, the government
was more and more inclined to enforce the permanent authority
of Great Britain."

_G. Bancroft,
History of the United States
(Author's last Revision),
volume 2, pages. 416-417._

UNITED STATES OF AMERICA: A. D. 1755-1760.
The French and Indian War, known in Europe
as the Seven Years War:
The English conquest of Canada.

See CANADA: A. D. 1750-1773, to 1760;
NOVA SCOTIA: A. D. 1749-1755; 1755;
OHIO (VALLEY): A. D. 1748-1754, to 1755;
CAPE BRETON ISLAND: A. D. 1758-1760;

also, for an account of the accompanying Cherokee War.

See SOUTH CAROLINA: A. D. 1759-1761.

UNITED STATES OF AMERICA: A. D. 1760-1775.
Crown, Parliament and Colonies.
The English theory and the American theory of their relations.

"The people of every colony were subject to two jurisdictions,
one local and one general, that must be adjusted to each
other. To effect such adjustment caused no little friction;
and the Colonies and the Mother Country got on peaceably as
long as they did, only because neither one pushed its theory
of colonial relations to an extreme, each yielding something
to the other and thus effecting a compromise. The Colonies
held that the dominion which the Cabots discovered in America
belonged to the King, rather than to the Kingdom, of England.
Englishmen adventuring into this dominion to plant colonies
were entitled to all the privileges of free-born Englishmen at
home; trial by jury, habeas corpus, and exemption from taxes
that their own representatives had not voted. The British
Empire was not one dominion, but several dominions. Everyone
of these dominions had, or should have, its own legislature to
enact laws for its government. The Colonies were not one
dominion, but 13 dominions; and in everyone the legislature
was as supreme as Parliament was in England. Parliament,
therefore, had nothing more to do with Massachusetts or
Virginia than the legislatures of those colonies had to do
with England. The King, who alone had a voice in the matter,
had, in their charters, guaranteed to the Colonies the common
law so far as this was applicable to their condition, and he
was now powerless to withdraw what he had thus conceded. Such,
in outline, was the American theory of colonial relations.
Still, no one pretended that this theory had ever been fully
carried out in practice. It must also be said that it did not
appear fully formed at once, but grew up gradually. The
British theory was that Englishmen continued Englishmen when
they emigrated to the American dominions of the King; that the
power of Parliament, to which they were subject in the old
home, followed them to the new one; and that Parliament could
yield them more or fewer powers of self-government for a time,
and then withdraw them. It was also claimed that the Colonies
were already represented in the House of Commons; since the
several members of that body did not represent particular
districts or constituencies, but the whole British Empire.
Besides, it was asserted that the Colonies themselves had
repeatedly acknowledged the authority of Parliament by
submitting to its legislation. Still no one pretended that
this theory had ever been fully carried out."

_B. A. Hinsdale,
The American Government,
sections 92-93._

ALSO IN:
_R. Frothingham,
Life and Times of Joseph Warren,
pages 30-32._

UNITED STATES OF AMERICA: A. D. 1761.
Enforcement of revenue laws in Massachusetts.
The Writs of Assistance and Otis' speech.

"Immediately after the conquest of Canada was completed,
rumors were widely circulated … that the charters would be
taken away, and the colonies reduced to royal governments. The
officers of the customs began at once to enforce with
strictness all the acts of parliament regulating the trade of
the colonies, several of which had been suspended, or become
obsolete, and thus had never been executed at all. The good
will of the colonists or their legislatures, was no longer
wanted in the prosecution of the war; and the commissioners of
the customs were permitted and directed to enforce the
obnoxious acts. Governor Bernard [of Massachusetts], who was
always a supporter of the royal prerogative, entered fully
into these views, and shewed by his opinion, his appointments
and his confidential advisers, that his object would be, to
extend the power of the government to any limits, which the
ministry might authorize. The first demonstration of the new
course intended to be pursued, was the arrival of an order in
Council to carry into effect the Acts of trade, and to apply
to the supreme judicature of the Province [Massachusetts], for
Writs of Assistance, to be granted to the officers of the
customs. In a case of this importance there can be no doubt,
that Mr. Paxton, who was at the head of the customs in Boston,
consulted with the Government and all the crown officers, as
to the best course to be taken. The result was, that he
directed his deputy at Salem, Mr. Cockle, in November, 1760,
to petition the Superior Court, then sitting in that town, for
'writs of assistance.' Stephen Sewall who was the Chief
Justice, expressed great doubt of the legality of such a writ,
and of the authority of the Court to grant it. None of the
other judges said a word in favour of it; but as the
application was on the part of the Crown, it could not be
dismissed without a hearing, which after consultation was
fixed for the next term of the Court, to be held in February,
1761, at Boston, when the question was ordered to be argued.
In the interval, Chief Justice Sewall died, and Lieutenant
Governor Hutchinson was made his successor, thereby uniting in
his person, the office of Lieutenant Governor with the
emoluments of the commander of the castle, a member of the
Council, Judge of Probate and Chief Justice of the Supreme
Court! … The mercantile part of the community was in a state
of great anxiety as to the result of this question. The
officers of the Customs called upon Otis for his official
assistance, as Advocate General, to argue their cause.
{3180}
But, as he believed these writs to be illegal and tyrannical,
be refused. He would not prostitute his office to the support
of an oppressive act; and with true delicacy and dignity,
being unwilling to retain a station, in which he might be
expected or called upon to argue in support of such odious
measures, he resigned it though the situation was very
lucrative, and if filled by an incumbent with a compliant
spirit, led to the highest favours of government. The
merchants of Salem and Boston, applied to Mr. Pratt to
undertake their cause, who was also solicited to engage on the
other side; but he declined taking any part, being about to
leave Boston for New York, of which province he had been
appointed Chief Justice. They also applied to Otis and
Thacher, who engaged to make their defence, and probably both
of them without fees, though very great ones were offered. The
language of Otis was, 'in such a cause, I despise all fees.' …
The trial took place in the Council Chamber of the Old Town
House, in Boston. … The judges were five in number, including
Lieutenant Governor Hutchinson, who presided as Chief Justice.
The room was filled with all the officers of government, and
the principal citizens, to hear the arguments in a cause that
inspired the deepest solicitude. The case was opened by Mr.
Gridley, who argued it with much learning, ingenuity, and
dignity, urging every point and authority; that could be found
after the most diligent search, in favour of the Custom house
petition; making all his reasoning depend on this
consideration—'if the parliament of Great Britain is the
sovereign legislator of the British Empire.' He was followed
by Mr. Thacher on the opposite side, whose reasoning was
ingenious and able, delivered in a tone of great mildness and
moderation. 'But,' in the language of President Adams, 'Otis
was a flame of fire; with a promptitude of classical
allusions, a depth of research, a rapid summary of historical
events and dates, a profusion of legal authorities, a
prophetic glance of his eyes into futurity, and a rapid
torrent of impetuous eloquence, he hurried away all before
him. American Independence was then and there born. The seeds
of patriots and heroes, to defend the 'Non sine Diis animosus
infans'; to defend the vigorous youth, were then and there
sown. Every man of an immense crowded audience appeared to me
to go away as I did, ready to take arms against Writs of
Assistance. Then and there, was the first scene of the first
act of opposition, to the arbitrary claims of Great Britain.
Then and there, the child Independence was born. In fifteen
years, i. e. in 1776, he grew up to manhood and declared
himself free.' 'There were no stenographers in those days,' to
give a complete report of this momentous harangue. How gladly
would be exchanged for it, a few hundred verbose speeches on
some of the miserable, transient topics of the day, that are
circulated in worthless profusion. Yet on this occasion, 'the
seeds were sown,' and though some of them doubtless fell by
the wayside or on stony places, others fell on good ground,
and sprang up and increased and brought forth in due season,
thirty, sixty and an hundred fold. … After the close of his
argument, the Court adjourned for consideration, and at the
close of the term, Chief Justice Hutchinson pronounced the
opinion: 'The Court has considered the subject of writs of
assistance, find can see no foundation for such a writ; but as
the practice in England is not known, it has been thought best
to continue the question to the next term, that in the
meantime opportunity may be given to know the result.' No
cause in the annals of colonial jurisprudence had hitherto
excited more public interest; and none had given rise to such
powerful argument. … An epoch in public affairs may be dated
from this trial. Political parties became more distinctly
formed, and their several adherents were more marked and
decided. The nature of ultra-marine jurisdiction began to be
closely examined; the question respecting raising a revenue
fully discussed. The right of the British parliament to impose
taxes was openly denied. 'Taxation without representation is
tyranny,' was the maxim, that was the guide and watch word of
all the friends of liberty. The crown officers and their
followers adopted openly the pretensions of the British
ministry and parliament, and considering their power to be
irresistible, appealed to the selfishness of those who might
be expectants of patronage, and to the fears of all quiet and
timid minds, to adopt a blind submission, as the only safe or
reasonable alternative. Otis took the side of his country, and
as has been shewn, under circumstances that made his decision
irrevocable. He was transferred at once from the ranks of
private life, not merely to take the side, but to be the guide
and leader of his country, in opposition to the designs of the
British ministry. 'Although' says President Adams, 'Mr. Otis
had never before interfered in public affairs, his exertions
on this single occasion secured him a commanding popularity
with the friends of their country, and the terror and
vengeance of her enemies; neither of which ever deserted him.'
His popularity was instantaneous, and universal; and the
public were impatient for the approaching election, when they
could make him a representative of Boston."

_W. Tudor,
Life of James Otis,
chapters 5-7._

Comments

History for ready reference, Volumes 1 to 5Chapter CDXLIII: Act 8: Parliament 1. repeated in Act 99. Parliament 7 (40)

0%32 min left in chapter