THE AMERICAN REVOLUTION (Complete Edition In 2 Volumes). Fiske John

due. The legislative assembly of each colony was to choose, once in three years, representatives to attend a federal Grand Council; which was to meet every year at Philadelphia, a town which could be reached by a twenty days’ journey either from South Carolina or from New Hampshire. This Grand Council was to choose its own speaker, and could neither be dissolved nor prorogued, nor kept sitting longer than six weeks at any one time, except by its own consent or by especial order of the Crown. The Grand Council was to make treaties with the Indians and to regulate the Indian trade; and it was to have sole power of legislation on all matters concerning the colonies as a whole. To these ends, it could levy taxes, enlist soldiers, build forts, and nominate all civil officers. Its laws were to be submitted to the king for approval, and the royal veto, in order to be of effect, must be exercised within three years.

      To this Grand Council each colony was to send a number of representatives, proportioned to its contributions to the continental military service; yet no colony was to send less than two or more than seven representatives. With the exception of such matters of general concern as were to be managed by the Grand Council, each colony was to retain its powers of legislation intact. On an emergency, any colony might singly defend itself against foreign attack, and the federal government was prohibited from impressing soldiers or seamen without the consent of the local legislature.

      The supreme executive power was to be vested in a president or governor-general, appointed and paid by the Crown. He was to nominate all military officers, subject to the approval of the Grand Council, and was to have a veto on all the acts of the Grand Council. No money could be issued save by joint order of the governor-general and the council.

      This plan, said Franklin, “is not altogether to my mind, but it is as I could get it.” It should be observed, to the credit of its author, that this scheme, long afterward known as the “Albany Plan,” contemplated the formation of a self-sustaining federal government, and not of a mere league. As Frothingham well says, “It designed to confer on the representatives of the people the power of making laws acting directly on individuals, and appointing officers to execute them, and yet not to interfere with the execution of the laws operating on the same individuals by the local officers.” It would have erected “a public authority as obligatory in its sphere as the local governments were in their spheres.” In this respect it was much more complete than the scheme of confederation agreed on in Congress in 1777, and it afforded a valuable precedent for the more elaborate and perfect Federal Constitution of 1787. It was in its main features a noble scheme, and the great statesman who devised it was already looking forward to the immense growth of the American Union, though he had not yet foreseen the separation of the colonies from the mother-country. In less than a century, he said, the great country behind the Alleghanies must become “a populous and powerful dominion;” and he recommended that two new colonies should at once be founded in the West,—the one on Lake Erie, the other in the valley of the Ohio,—with free chartered governments like those of Rhode Island and Connecticut.

      But public opinion was not yet ripe for the adoption of Franklin’s bold and comprehensive ideas. Of the royal governors who were anxious to see the colonies united on any terms, none opposed the plan except Delancey of New York, who wished to reserve to the governors a veto upon all elections of representatives to the Grand Council. To this it was rightly objected that such a veto power would virtually destroy the freedom of elections, and make the Grand Council an assembly of creatures of the governors.

Rejection of the plan

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      On the popular side the objections were many. The New England delegates, on the whole, were the least disinclined to union; yet Connecticut urged that the veto power of the governor-general might prove ruinous to the whole scheme; that the concentration of all the military forces in his hands would be fraught with dangers to liberty; and that even the power of taxation, lodged in the hands of an assembly so remote from local interests, was hardly compatible with the preservation of the ancient rights of Englishmen. After long debate, the assembly at Albany decided to adopt Franklin’s plan, and copies of it were sent to all the colonies for their consideration. But nowhere did it meet with approval. The mere fact that the royal governors were all in favour of it—though their advocacy was at present, no doubt, determined mainly by sound military reasons—was quite enough to create an insuperable prejudice against it on the part of the people. The Massachusetts legislature seems to have been the only one which gave it a respectful consideration, albeit a large town meeting in Boston denounced it as subversive of liberty. Pennsylvania rejected it without a word of discussion. None of the assemblies favoured it. On the other hand, when sent over to England to be inspected by the Lords of Trade, it only irritated and disgusted them. As they truly said, it was a scheme of union “complete in itself;” and ever since the days of the New England confederacy the Crown had looked with extreme jealousy upon all attempts at concerted action among the colonies which did not originate with itself. Besides this, the Lords of Trade were now considering a plan of their own for remodelling the governments of the colonies, establishing a standing army, enforcing the navigation acts, and levying taxes by authority of Parliament. Accordingly little heed was paid to Franklin’s ideas. Though the royal governors had approved the Albany plan, in default of any scheme of union more to their minds, they had no real sympathy with it.

Shirley recommends a stamp act

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      In 1756, Shirley wrote to the Lords of Trade, urging upon them the paramount necessity for a union of the American colonies, in order to withstand the French; while at the same time he disparaged Franklin’s scheme, as containing principles of government unfit even for a single colony like Rhode Island, and much more unfit for a great American confederacy. The union, he urged, should be effected by act of Parliament, and by the same authority a general fund should be raised to meet the expenses of the war,—an end which Shirley thought might be most speedily and quietly attained by means of a “stamp duty.” As Shirley had been for fifteen years governor of Massachusetts, and was now commander-in-chief of all the troops in America, his opinion had great weight with the Lords of Trade; and the same views being reiterated by Dinwiddie of Virginia, Sharpe of Maryland, Hardy of New York, and other governors, the notion that Parliament must tax the Americans became deeply rooted in the British official mind.

Writs of assistance

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      Nothing was done, however, until the work of the French war had been accomplished. In 1761, it was decided to enforce the Navigation Act, and one of the revenue officers at Boston applied to the superior court for a “writ of assistance,” or general search-warrant, to enable him to enter private houses and search for smuggled goods, but without specifying either houses or goods. Such general warrants had been allowed by a statute of the bad reign of Charles II., and a statute of William III., in general terms, had granted to revenue officers in America like powers to those they possessed in England. But James Otis showed that the issue of such writs was contrary to the whole spirit of the British constitution. To issue such universal warrants allowing the menials of the custom house, on mere suspicion, and perhaps from motives of personal enmity, to invade the home of any citizen, without being held responsible for any rudeness they might commit there,—such, he said, was “a kind of power, the exercise of which cost one king of England his head and another his throne;” and he plainly declared that even an act of Parliament which should sanction so gross an infringement of the immemorial rights of Englishmen would be treated as null and void. Chief Justice Hutchinson granted the writs of assistance, and as an interpreter of the law he was doubtless right in so doing; but Otis’s argument suggested the question whether Americans were bound to obey laws which they had no share in making, and his passionate eloquence made so great an impression upon the people that this