The March of Folly_ From Troy to Vietnam - Barbara Wertheim Tuchman [101]
Forty witnesses, including colonial agents, merchants and visiting Americans were called to testify on Non-Importation. Among them, Benjamin Franklin at his famous examination in February 1766 firmly told the House that Americans would never pay the Stamp duties “unless compelled by force of arms,” and armed forces would be useless because “they cannot compel a man to take stamps who chuses to do without them. They will not find a rebellion; they may indeed make one.” That could stand as Britain’s epitaph for the decade, for at the time Franklin spoke, “an overwhelming majority” of his countrymen, as an English historian has stated, “had never contemplated the idea of severing the connection with the mother country.”
The dilemma was real. To leave the Act in place would be to assure, as the witnesses testified, lasting disaffection, even “total alienation” in the colonies, while to concede repeal would be to acknowledge loss of authority in America. Horace Walpole, in his memoirs written two years later, added another disturbing factor: enforcement which could “risk lighting up a rebellion” might be a cause of the colonies’ “flinging themselves into the arms of France and Spain.” On the other hand, repeal of a revenue bill was “setting a precedent of the most fatal complexion.”
The Declaratory Act, stating that “The Parliament of Great Britain had, hath, and by right ought to have full power and authority to make laws and statutes of sufficient force and validity to bind the Colonies and people of America in all cases whatsoever,” won unanimous approval in the Commons and the votes in the Lords of all but five, who included, interestingly enough, Lord Cornwallis. Another was Lord Camden, formerly Chief Justice Pratt, the only minister to speak against the Declaratory Act, who insisted that the very ground of the objection was that taxation without representation was illegal and that “there are some things you cannot do.” The fact that the Act did not mention taxation, the whole point of the dispute, was questioned by the Attorney-General, Charles Yorke, who moved to insert “in cases of taxation” but was overruled by the assurance that “in all cases whatsoever” covered the necessity. That satisfied enough members to win a majority for repeal. But though convenient the Declaratory Act was rash because it locked Parliament into a statutory position that foreclosed compromise. It returned to haunt many who had voted for it when in the next decade the Rockingham party was trying to avert war. For the moment it accomplished its purpose. Repeal was enacted over 167 hold-outs. The Lords still resisted and gave their assent only when the King was induced to let it be known that he favored repeal.
The thing was done. General Conway’s face shone, reported Burke, “as it were the face of an angel.” The messengers galloped away with the glad news, bells rang in Bristol, ship captains raised their flags and fired salutes, huzzahs resounded in the seaports, and when the news reached America, rejoicing was double. John Hancock, a merchant-shipper himself, gave a great party with Madeira and fireworks, militias paraded with drum and fife, taverns burst with celebrators, gala balls were held, loyal thanks offered to King and Parliament and 500 sermons of thanksgiving preached throughout New England. Orders for English merchandise were renewed and itchy homespun garments given to the poor. Eight months later, John Adams wrote that the people were now “as quiet and submissive to Government as any people under the sun”; repeal had “composed every wave of popular disorder.” The Declaratory Act made no impression for the very reason that it contained no reference to taxation. The Americans may also have assumed that it was a gesture of hurt pride which would not be implemented.
How shall we assess the Stamp Act