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A »it»sm ussTOm'Sf or THE UNITED STATES OF AMERICA KAIBRACING THE WHOLE PERIOD PROM THE DISCOVERY OF NORTH AMERICA, DOWN TO THE YEAR 1820. IN THREE VOLUMES, BY FREDERICK BUTLER, A. M. Author of "A Catechetical Compend os General History,"— "Sketches o. Universal History," and " Farmer's Manual'' ' ■'QUI TRAJYSTULIT SUSTWET" VOL. III. HARTFORD : PRINTED FOR THE AUTHOR 1821, DISTRICT OF CONNECTICUT, SS. L-S- JjE IT REMEMBERED; That on the eighteenth day of Janua ry, in the forty-fifth year of the independence of the United States of Ame rica, Frederick Butler of the said District, hath deposited in this office the title of a Book, the right whereof he claims as Author, in the words follow ing, to wit, "A Complete History of the United States of America, em bracing the whole period from the discovery of North America, down to the year 1820.
In three volumes. By Frederick Butler, A. M. Author of " A Catechetical Compend of General History," — "Sketches of Universal History," and " Farmer's Manual." " Qui translulit suslinei." In con formity to the act of the Congress of the United States, entitled, "An act " for the encouragemeut of learning, by securing the copies of Maps, Charts " and Books, to the authors and proprietors of such copies, during the ■'*• times therein mentioned." CHARLES A. INGERSOLL, Clerk of the District of Connecticut. A true copy of Record, examined and sealed by me, CHARLES A. INGERSOLL, Clerk of the District of Connecticut. ROBERTS AND BURR, PRINTERS. THE VR&WIB1D SVilVUS*
Chapter I. Causes That Led To The American Revolution
That we way correctly understand this most interesting and important subject, it may be necessary to examine the principles of that tenure, by which the citizens of the Ame rican colonies held the right of soil, as well as the principles of that jurisprudence by which they were governed. I shall first attempt to shew, what are the principles of the rights of property, in a state of nature, and how those principles are either changed, or confirmed, by the laws of civil society : I shall next attempt to argue from these pre mises, the illegality of that claim which Great-Britain at tempted to exercise over the American colonies, when she assumed the right to tax them ; and the injustice of the measures she adopted, when she made her appeal to arms, and attempted to enforce her demands by the sword.
I shall also attempt to shew, how unwise and absurd that whole system of British politics was, which compelled the colonies to dissolve their connection with the mother country, and declare their independence. By the laws of nature, occupancy, and possession, is the only law of title : the law of force gives no just right of property, because it is a maxim in nature '; that might often overcomes right." When the christian princes of Europe, granted letters patent to foreign adventurers, to discover, and possess the soil of foreign lands, they knew that they had no mor<. right to grant stich authority, than the Pope= of Romp had ■J had, in exercising the same powers, for centuries belore , which power they also actually claimed, and exercised at that very time. If, therefore, the first principles of their claims, were founded in error, all subsequent claims, arising therefrom. must be supported by error.
The aborigines of all the countries which were explored at the age when America was discovered, possessed the soil by the right of occupan cy, or possession, aud this possession had been immemorial, or time out of mind ; which had also confirmed their title by the rights of prescription, according to the common law of civilized nations ; therefore Great-Britain could not claim the right of so;' to the American colonies, either by the laws of nature, or the common law of nations, and she never pretended to claim by the right of statute, for she had no right on which she could found a statute. But the kings of England authorised these foreign discoveries, with the right of occupancy ; did they become joint partners, by furnishing any part of the capital to support the expence of these adventures, or to promote these settlements ; and is this the basis of their claims ?
Here again they are lame : not one sentence on historical record, can shew, that the crown of England ever advanced one cent, to promote either the adventures, or the settlements. The question now forces itself upon us, wherein then consisted her claims to the American colonies? The only answer that can be given in her favour is, that they were settled by the lawful subjects of the crown of England* But can hei claims over, or upon the lives, and properties of those sub jects other crown, be just, which the cruel, oppressive, and tyrannical laws of her government had driven from their dear native land, into exile ; and can these cruel and op pressive laws be binding upon the exile in a foreign land ? This Great-Britain did not claim, when the exiles were ic Germany, France, Switzerland, and Holland ; then wry should 6he claim this ofthe exiles in the wilds of America I The only answer that can be given by Britain to this question is, that this was mutually understood, and acknow ledged by the parties- This is true, so far as their mutual interest extended, and a mutual disposition (o do good to each other, and no further ; when this ceased, the bond of mutual interest ceased, and both parties were at liberty to dissolve the connection, and cultivate other civil and com mercial intercourse.
If the question should arise, what right had the exiles to the soil of America ? my answer is at hand ; they purchased it of the natives, who were the only rightful owners ; they cleared, cultivated, and defend ed it by their own exertions, with the blessing of God, and were accountable to none but God for their hard earned possessions.* But another question arises, on the part of Great-Bri tain, did she not send out her fleets, and armies to protect the colonies against the French, and actually drive them from their borders, by the conquest of Canada ? My answer is at hand. Did not New-England subdue the strong for tress of Louisburg, the key at that time of French Amer ica, and at her own expence, and did not Great-Britain. by remunerating this expence, actually restore this fortress to the French, at the treaty of Utrecht ?
And when she assisted in the conquest of Canada, was not this a triumph over her natural enemy, at the expence of the blood, and treasure of the colonies? And did not Great-Britain hold Canada as a reward for her services ? Where then is the force of this argument ? To close this tragic farce, Great- Britain claimed, that she had the power to enforce her de mands, and she then drew the sword, to compel the exiles to yield to her measures ; the colonies set her power a( defiance, and proclaimed their national independence , and thus they were at issue. * The tribe of Patuxet had become extinct, by the providence of God. ;ind therefore their claim to the right of soil had become extinct, and thf Plymouth Colony had good right to the soil, as being the next occupants. and this hy the consent of Squanto. the only sun iror of' that tribe, and who resided among them.
In the first volume of this work, I have endeavoured to exhibit a full view, of those oppressions in England, that drove out the pilgrims from the land of their fathers, into voluntary exile, to plant a pure system, of civil and reli gious liberty, in the wilds of America. I have also given a general sketch of the intrigues, and oppressions, which were used from time to time, not only to interrupt, but to overthrow this system, of civil and religious rights, by vexatious grants, false, corrupt, and despotic governors, &-c. I have developed the same system of despotic measures, throughout the details of the second volume, and my task is now to shew how Great-Britain pursued her plan of usurpation, and despotic sway, until she forced the colonies into a war, and then was compelled to yield to them, from necessity, (to restore that peace which she had broken,) all those just, and independent rights, which they would have been content to have enjoyed, for many years, in connection with the mother country.
I do not mean to be understood here to say, that the colonies would never have claimed the rights of an independent government, if Great- Britain had not forced them into a war. The time would undoubtedly have arrived, when united America, would have claimed her rank amongst the free, and enlightened nations of the earth; but that time would not have arrived before the fruit should have become fully ripe, and then it would have fallen otT without any concussion, or violence. That sage in the councils of England, the old Earl of Chatham, gave seasonable warning to his nation, upon this momentous subject; but what is the wisdom of man, when it militates against the purposes of God ? He who had planted this church in the wilderness, had now opened the way for that high, that dignified rank, it had become ne cessary for her to enjoy, that she might carry into effect the great designs, for which she had been nourished for so long a time in the wilderness, and unfold to the world, the blessings of that everlasting gospel of peace, which had been the palladium of all her privileges, and enjoyments ; that the same blessings might be imparted, through the same medium, to the nations who knew not God, nor have even heard of the gospel of his Son, the Lord Jesus Christ.
Although the futility of the claims of the crown of Eng land, to the right of soil, or the right ofjurisdiction, in, and over she colonies, or settlements in America, is clearly shewn; yet the question may recur to some, why then did the colonies acknowledge this right of jurisdiction, by taking out letters patent, or charters from the crown of England ? The answer is at hand : they, at that age, did not actually know any better ; but as they had been born and educated in slavery, they were willing, or rather presumed they were in duty bound, to continue in civil slavery ; their only object was religious freedom, or the rights of con science ; but when once they had become acquainted with that national freedom, they had found in the natives of America, their minds expanded, and they began to realise that they themselves were free ; and they planted their civil, and religious institutions, upon the basis of this free dom, this rational, this natural liberty.
Another cause which induced the pilgrims, as well as the first colonists of Amer ica at large, so settle under these letters patent, or charters, was that they might guarantee, and protect their rights of possession, against the encroachments of others ; but when they found that the crown of England vexed them with a succession of oppressive, and tyrannical governors, who sought by every possible art, to undermine, and destroy their liberties ; and that resistance to these was followed by the direct attack upon their liberties, by the attempt to remove their charters, and establish the usurpation of the Duke of York, as well to subvert their religious, as thejr civil liberties, their eyes were opened to a true sense of their situation, and they sought all possible means to subdue the French, in Novascotia, and in Canada ; that they might be free from Indian wars, as well as such a powerful rival state, and thus prepare the way for the quiet enjoyment of their civil, and religious rights.
To effect this, the colonies co-operated with the mother country, in the Spanish war, and actually sent a strong military force to the West- Indies, to assist in the reduction of Carthagena, and the Island of Cuba. Great-Britain, in her turn, sent her fleets and armies to co-operate with the colonies, in reducing Novascotia and Canada ; but it will be recollected, that at the time the Congress of governors met at Albany, to concert measures for the reduction of Canada, in the year 1754, it was proposed that a grand colonial council should be formed, consisting of a delegation, chosen from all the provincial assemblies, with a governor, or head, appointed by the crown ; which council, should be vested with full powers, to manage the war, raise money, &c. Under such a government, the colonies •were confident they were able to take Canada, as the eastern colonies had done Louisburg, several years before, without the aid of Great Britain ; but the crown rejected this plan, as being dangerous to their authority, ar.d proposed that Great-Britain should furnish troops, and •money, for the enterprise, and reserve the right to tax the colonies after the war, to remunerate her expenses ; this the colonies rejected, as dangerous to liberty.
Such men as Dr. Franklin, and others, saw through this thin veil, and sourded the alarm ; that the right of Britain being once admitted to tax the colonies, their liberties were gone, and they, slaves forever. These two points being rejected, the parties entered with spirit into the war, and formed a joint, and mutual co-operation. Canada was taken, the French were driven from America, and the colonies were freed from this troublesome neighbour, as we have before related, by the peace of 1 763. By this peace Great Britain had become mistress of the seas, and arbiter of the world. The colonies had triumphed over the French in the war, and laid the foundation of a lasting Indian peace.* When this war was closed, the British ministry, sensible that a people possessing the energies, and resources of the American colonies, supported by such a system of wise and virtuous institutions, whose hearts glowed with the purest principles of civil and religious liberty, and whose rich, and extensive country opened a vast theatre, upon which these principles combined, would soon display the character of a great, powerful, and independent nation.
A question at once arose in the councils of England, what measures will become most effectual, to secure to Britain, a permanent sovereignty over these rising colonies ? In this momentous question, her councils were divided. The one part were in favour of mild, and gentle measures, and at the head of these, stood the illustrious Earl of Chatham. The other part were for bold and energetic measures, and at the head of these, stood a North, and a Bute. The measures of the latter, comported well with the elevated pride, with which the successes, and triumphs of the last war, had inspired the haughty councils of Britain ; and her evil genius, set at defiance the wise counsels of a Pitt; and these were the measures she pursued, to feed the malice, and jealousy of her enemies, as well as to ruin her own best interest.
Her avarice led her to commence a system of taxation, on her colonies, under the pretext of a just remuneration of her expenses in the war ; and to effect this, she commenced with a regular system of duties on merchandize. At this time, the navigation act of Great-Britain, was rigidly enforced, by which she engros sed the whole commerce of the colonies, excepting such * For the particulars of this war, see the history of New-England in the first volume of this work. Vol. III. as was carried on in a clandestine manner, with the colonies of France, and Spain, and even this was directly to the advantage of Britain, for this commerce furnished the colonies with gold and silver, that enabled them to make regular remittances, in their regular trade with the mother country. From the regular trade of the colonies, under this navigation act, Great-Britain derived a revenue from her American colonies, first by her profits on her extensive manufactures, and next by the duties drawn from this commerce, both which ought to have shewn her, where her true interest lay, and have led her to rest contented, with such a permanent revenue.
This was a degree of wisdom she did not possess; but her jealously of her colonies, under such a flourishing commerce ; and her avarice, as well as haughty imperious lust of domination, led her to check this free commerce, by a system of duties, that should amount to a general prohibition, sanctioned by the following act of Parliament. — " Whereas it is just, and necessary that a revenue be raised in America, for de fraying the expenses of defending, securing, and protect ing the same. — We the commons, &c. towards raisin" the same, give, and grant unto your majesty, the sum of " to be levied upon the following articles, and at the ratio therein specified. Viz. Upon all foreign clayed sugars, indigo and coffee, all foreign produce, upon all wines, except French, upon all wrought silks, and all callicoes, and upon molasses, and syrups, being the pro duce of a colony not under the dominion of Great- Britain.
All which duties were ordered by the said act to be paid into his majesty's exchequer, and there specially appro. priated for the protection, and benefit of the American colonies. All this was plausible ; but the colonies, who had held the purse strings in their own councils, against their own governors, with such a jealous eye, saw, or fan cied they saw, the evils that lay concealed behind this iliin covering ; took the alarm, and were determined to resist the usurpation at the threshold. The act went on to enforce the collection of these duties, in the courts of admiralty, which increased the alarm iu the colonies, because it deprived them of the right of trial by jury, which in that land of liberty, was an inestimable privilege, and not to be violated with impuni ty. The act also declared, that all duties aforesaid, should be paid in specie, which was a severe blow to their paper currency ; and the more so, as these duties were designed to destroy that commerce, from which alone, the colonies derived their specie, to carry on their regular commerce with Britain.
Added to all this, the admiralty judge, must of course be an officer of the crown, and his pav was to be derived from the penalties, and forfeitures, arising from his adjudications ; and these were to follow the complaint, unless the defendant could prove his innocence. This was the closing scene of the whole matter ; here was despotism in the abstract, here was usurpation, and tryranny without a covering. Here was a bounty on informers, the worst of knaves ; here was a grand com mercial inquisition, caculated to sill the colonies with spies ; and the reputation, as well as the peace, and inter est of every honest man, was at stake, unless he was al ways prepared to prove his innocence, against the charges of a set of venal spies, informers, and cut-throats ; or in other words, unless he could always prove a negative, which to say the least of it, is perhaps of all other things the most difficult.
Well might the colonies take an alarm, at such a bold stretch of power, and well might they sound the alarm through the country. The sons of those sires, who had fled from the cruel per secutions ofthe mother country, to seek an asylum in the wilds of America, did sound the alarm, and the whole country took the alarm, as if by the voice of inspiration. HISTORY OP 12 and rallied round the standard of liberty, to protect their rights. The restrictions on trade, under the navigation act of 1660, were borne with patience, because they were considered as of national utility, and neither expressed, or implied a grant to the crown, by the way of raising a revenue, and the period of one whole century had elapsed, without producing one serious complaint from the colonies, against that act ; but in this revenue act, the sagacious politicians of America saw a cloud arising, that would obscure their dearest rights, as well as the purest principles of liberty, forever.
It had been a maxim, interwoven with the principles of liberty, in the fundamental principles of the colonial governments, " that taxation and representation were, and ought to be, inseparably connected." From this principle, they discovered, that if Britain could claim and exercise the right of raising a revenue upon the colonies, by the way of duties, in one instance, she could, by the same right, impose on the colonies, that whole system of oppressive duties, under which her own subjects then groaned, and have continued to groan, to this day: together with a direct tax on their lands. Impressed with the reality and importance of these truths, they demanded, by way of petition to the crown, that the taxes might be removed, and the colonies left to tax themselves, or be ad mitted to an equal representation in the government.
Dur ing these struggles of liberty, the duties were rigidly en forced, and the naval commanders, stationed upon the American coast to prevent smuggling, were compelled to act in the capacity of the meanest revenue officers, under the usual custom-house oaths. These duties were not familiar to men of their elevated stations and feelings, and great irregularities ensued, and no redress could be obtain ed, short of the admiralty courts of Great-Britain, which were distant, difficult, and expensive. Stung with the keenest sensibilities at this cruel injustice, at the moment when the united efforts of the colonies had given those energies to the military operations of Britain, that had, tinder God, crowned her arms with victory, conquest and glory, they resolved to make a dignified resistance against the usurpations of Britain, and seek an honorable redress of their wrongs.
The general court of Massachusetts, in June, 1764, appointed a committee of correspondence, for the express purpose of inviting the legislatures of the other colonies. to co-operate in one bond of general union, in resisting the oppressive measures of Britain, and in seeking relief by the way of petition to (he crown. Committees were gen jj-rally appointed by the legislatures of the other colonies, at the same time, and for the same purpose, and a general correspondence was opened throughout the colonies. which called up the general attention of the people, and led to a general enquiry, which also promoted a general union of sentiment and interest. In October following. the Massachusetts' general court, by their special commit tee, drew up a petition to his majesty, in which they did not deny the right of parliament to tax the colonies ; but in the most dutiful and loyal manner, urged their grief and oppressions, under this vexatious mode of collecting a revenue, by the way of duties, and prayed that their burthens might be removed, and that the indulgence which they had ever enjoyed, in the exclusive right of taxing themselves, might again be restored.
This petition was forwarded by his excellency Governor Bernard, accompanied with a let ter to Lord Halifax, stating " that the colony of Massachu setts was the only colony that did busines upon a specie currency." [See the History of New-England in the first -colume of this work.] In which letter the wriler goes on to state — " But 1 fear, that if the great sums which are ex pected to be raised in America, are to be transmitted to England, there will soon be an end of the specie currency of the Massachusetts, which will be followed with a total discouragement for the other provinces to attempt the same in future. In which case, perpetual paper money, the very negative power of riches, will be the portion of America." After remonstrating against the duties, by the most forcible arguments, to shew that they would not only ruin the colonies, as to their trade, but the best interest of England at the same time, the writer thus proceeds : — " If due care be taken to confine the sale of manufactures and European goods, (except what shall be permitted,) to Great-Britain only, all the profits of the American foreign trade will necessarily centre in Great Britain ; and there fore if the first purpose be well secured, the foreign Amer ican trade, is the trade of Great-Britain.
The augmenta tion, and diminution, the extension and restriction, the profit and loss of it all, finally comes home to the mother country." The writer pursued the subject, and endeav oured clearly to shew, that the duties, if persisted in, would ruin the commerce of America, and thus destroy the best interest of Great- Britain. Virginia petitioned the king; presented a memorial to the house ._ lords, and a remonstrance to the house of commons. The colonies of New- York and Rhode-Island also, preferred their petitions : but all these availed nothing. It was said in parliament, and generally believed in England, that the cfclonies were rich, and lived like lords upon their estates, whilst the people of England were poor, and oppressed with taxes, to support and protect them ; and the system of taxation went forward.
In February, 1765, Mr. Grenville opened the plan of the stamp bill to Mr. Franklin, and other American agents, who all opposed the measure, and urged their reasons against it ; but they had no weight, the bill was introduced. In the course of the debates, Mr. George Townsend re marked, n support of the bill, " Will these Americans. children planted by our care, and nourished up by our indul gence, until they are grown up to a degree of strength, and opulence ; and protected by our arms ; will they grudge to contribute their mite to relieve us from the weight of the heavy burthens which we lie under ?" To these remarks. Col. Barre rose and made the following spirited reply : " They planted by your care ! No, your oppressions planted them in America. They fled from your tyranny, to a then inhospitable country, where they exposed themselves to almost all the hardships to which human nature is liable, and amongst others to a cruel savage foe, the most subtle, and I will take upon me to say, the most formidable, of any people upon the face of God's earth ; and yet actuated by principles of true English liberty, they met all these hardships with pleasure, compared with those they suffered in their own country, from the hands of those that should have been their friends.
They nourished up by your indulgence ! They grew by your neglect of them. [And he might have added, will continue to grow if you will continue to neglect them.] As soon as you began to care about them, that care was exercised in sending per sons to rule over them, in one department, and another, who were perhaps the deputies of deputies of some members of this house, sent to spy out their liberties, to misrepre sent their actions, and to prey upon them ; men, whose behaviour, in many instances, has caused the blood of those sons of liberty, to recoil within them ; men promoted to the highest seats of justice ; some, who to my knowledge, were glad, by going to a foreign country, to escape being brought before a court of justice in their own. They pro tected by your arms ! They have nobly taken up arms in your defence ; have exerted a valour, amidst their constant and laborious industry, for the defence of a country, whose frontier was drenched in blood, while its little interior parts, yielded all its little savings to your emolument.
And believe me ; remember, I this day told you so, that same spirit of freedom which actuated these people at first, will attend them still ; but prudence forbids me to explain further. God knows, I do not at this time speak from motives of party heat ; what I deliver, are the genuine sentiments of my heart. Plowever superior in general knowledge, and experience, the respectable body of this house may be ; yet I claim to know more of America than most of you, having seen, and been conversant in that country. The people, I believe, are as truly loyal, as any subjects the king has ; but a people jealous of their liberties, and who will vindicate them, if ever they should be violated ; but the subject is too delicate — I say no more." These were the spontaneous effusions of an honest mind, in the then British Parliament : effusions, which astonish ed that house, and made a deep and serious impression : but not a lasting one : for although these highly impressive remarks were backed by a petition from the Londou merchants, against the bill, both were disregarded ; the ministry openly avowed their intention, to establish the power of Great-Britain to tax the colonies.
When the question was taken upon the bill, in the House of Com mons, it passed by a majority as of five to one, and in the House of Lords, without a dissenting voice ; and in March, the bill obtained his majesty's assent. When the bill had passed, Dr. Franklin, (then in Lon don,) wrote Mr. Charles Thomson,* at Philadelphia, in which he thus expressed himself — " The sun of liberty is set ; you must light up the candles of industry and econo my." To which Mr. Thomson replied, " 1 fear other lights may become necessary." The friends of coercion in the British Parliament, having thus far secured their object, flattered themselves, thai Afterwards Secretary to the Congress the riotous opposition would soon destroy itself, by the acts of its own violence, as is common to mobs in England, and that the stamp law would execute itself.
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