Here I might leave the imputations on Massachusetts. But the case is stronger yet. I have referred to the Stamp Act. The parallel is of such aptness and importance, that, though on a former occasion I presented it to the Senate, I cannot forbear from pressing it again. As the precise character of this Act may not be familiar, allow me to remind the Senate that it was an attempt to draw money from the Colonies through a stamp tax, while the determination of certain questions of forfeiture under the statute was delegated, not to the Courts of Common Law, but to Courts of Admiralty, without trial by jury. This Act was denounced in the Colonies at its passage, as contrary to the British Constitution, on two principal grounds, identical in character with the two chief grounds on which the Slave Act is now declared to be unconstitutional: first, as an assumption by Parliament of powers not belonging to it, and an infraction of rights secured to the Colonies; and, secondly, as a denial of trial by jury in certain cases of property. On these grounds the Stamp Act was held to be an outrage.
The Colonies were aroused against it. Virginia first declared herself by solemn resolutions, which the timid thought "treasonable,"--yes, Sir, "treasonable,"[68]--just as that word is now applied to recent manifestations of opinion in Boston,--even to the memorial of her twenty-nine hundred merchants. But these "treasonable" resolutions soon found response. New York followed. Massachusetts came next. In an address from the Legislature to the Governor, the true ground of opposition to the Stamp Act, coincident with the two radical objections to the Slave Act, are clearly set forth, with the following pregnant conclusion:--
"We deeply regret it that the Parliament has seen fit to pass such an act as the Stamp Act; we flatter ourselves that the hardships of it will shortly appear to them in such a point of light as shall induce them, in their wisdom, to repeal it; _in the mean time we must beg your Excellency to excuse us from doing anything to assist in the execution of it_."[69]
[68] Hutchinson, History of Massachusetts, Vol. III. p. 119.
[69] Journal of the House of Representatives of Massachusetts Bay, October 24, 1765, p. 135. Hutchinson, Vol. III., Appendix, p. 474.