crown to search for what were alleged to be smuggled goods. The Court refused to issue the writ without argument. James Otis, who afterwards was a fiery leader in the rebellion against England, was Advocate General and it was his duty to appear, and argue the motion for the crown. He resigned his office and used his ability and his great store of legal information in opposing the motion. The warrants were issued, but never used. In the sequel to the contest over the Navigation Act, Bernard, former Governor of New Jersey, again appears. Pending the time between the application for the writ of assistance and the argument, Chief Justice Sewall died. It was known that he entertained grave doubts of the legality of authorizing a right of search. Hutchinson had been re-elected Governor, a member of the Governor's Council and Judge of Probate. Yet with all these honors, Bernard, with full knowledge that Hutchinson would grant the writ, appointed him to fill the vacancy caused by the death of Sewall. This action made Bernard still more obnoxious than he had already become and led finally to the attempt to displace him. In this controversy over the Navigation Act, New Jersey could take no active part, but its citizens were in full sympathy with the patriots of Massachusetts.

The origin of the Stamp Act has been much debated; it cannot now be stated definitely. It is however, quite certain that it had its germ of being in events which happened years prior to its enactment. Lord Bute had been driven from the ministry in 1763; he was succeeded by George Grenville. The new Prime Minister, early in 1764, pronounced in Parliament, these words: "It may be proper to charge stamp duties on the colonies and plantations." They were tew and apparently simple, but they were fatal to the British government and struck the death knell of its power over the colonies. But the idea of imposing a stamp did not originate with Mr. Grenville. In 1734, Governor Cosby proposed to the Legislature of New York, as a means of raising money to pay expenses of government, a duty on legal papers and on conveyances and deeds. The Assembly did not accept the proposition. If it had carried out the suggestion and passed a colonial stamp act, no one could have objected. Ten years later the first suggestion of the passage of such a law by Parliament was made by Lieut. Governor Clark, of New York, and in December, 1744, Governor Clinton, of that colony, wrote to the Duke of Newcastle that Clark had shown him two “scheimes which had been sent him from England." It is probable therefore that the "scheimes" related generally to trade; the other was a suggestion

for "establishing by act of Parliament dutys upon stamp papers in all the British and American colonys." The Governor thereupon, in the same letter to the Duke of Newcastle, made a remark in language, which however faulty in orthography, was certainly very wise. "The people

in North America" he says, "are quite strange to any duty, but such as they raise themselves and was such a scheim to take place without their knowledge, it might prove a dangerous consequence to his majesty's interest." Soon afterward the ministry began to make calculations on the amount which might be realized if a stamp act were to be put into operation in America. In July, 1763, Hugh McCulloh, a clerk connected with the Treasury department, presented a report by which he estimated that £60,000 sterling could be raised annually, in this way, from North America. This was after Grenville had become Premier and undoubtedly was in answer to his order, or that of some of his subordinates. He, however, was not satisfied with this result of the arithmetical calculation of his clerk, as he demanded £100,000.

In August, 1764, the Earl of Halifax mailed a circular to all of the royal governors in North America, directing them to transmit to him "a list of all instruments made use of in public transactions, land proceedings, grants, conveyances, securities of land or money, within your government, with proper and sufficient descriptions of the same; in order that, if Parliament should think proper to pursue the intention of the aforesaid resolution, they may thereby be enabled to carry it into execution in the most efficient and least burdensome manner." If Governor Franklin received one of these circulars, there is no evidence in the records of the proceedings of the Council that he disclosed it to those who immediately surrounded him. While all this was transpiring in England and the English ministry were, perhaps, imagining that the intended encroachments on the rights of the colonies were, in a measure, masked and that the people, at large, were in ignorance of this movement, there were sharp eyes and ears watching and listening, and however carefully such transactions might be hidden, they did not escape the notice of these sentinels. Each colony able to support such an officer, had its agent resident in London, whose business it was to obtain and transmit to the colonial authorities information of any important event transpiring there, which might affect their principals. At this time, Benjamin Franklin was the agent of New Jersey and it can well be imagined that no movement of the ministry or of any of the public authorities, which could in any wise affect the colonies

escaped his scrutiny. So, when knowledge came to these agents of the intention of the ministry to introduce this measure into Parliament, Grenville was told in the most unmistakable manner that the colonies would submit to no taxation which was not of their own creation. His reply was that he intended to carry the measure through that year, but that he thought it proper to submit it to the colonial Assemblies, so that they might, if they chose, suggest a different plan.

There were several reasons which impelled Grenville to urge this matter just at that time. The war with France had just closed, and its result was of the utmost advantage to England as well as to the colonies. All the possessions of France in the northern part of America became the property of Great Britain, and New England and the adjacent provinces were freed from the danger which before had been constantly imminent, from a foe so near and so persistent in its attempts upon the English settlements. In that war the British subjects

commerce.

in America had expended £3,000,000 sterling, had kept a standing army of 25,000 men constantly in the field, had sacrificed 30,000 of their young men and had equipped 400 privateers to prey upon French All this had shown the English ministry the vast resources of the American people. So, Grenville imagined, first: That the colonists would be grateful for their rescue from so relentless a foe and their deliverance from the dangers which had theretofore so constantly threatened them and that they would be willing to undergo still further sacrifice to aid the mother country which, he would have them believe, had proved so great a benefactor to them. Second: That he could relieve. the pressing necessities of Great Britain arising from the long war in which it had been involved with its inveterate foe, by this tax on the colonies, and third: He hoped to secure a reputation for good financiering and gain the approval of his own ministry by so shaping measures as to provide for the support of the English. But, he little understood the temper of the American people. They comprehended, better than he, the real situation; they knew that the result of the war was due more to their exertions than to those of the mother country; they appreciated their own sacrifices and, better still, they estimated their just claims to freedom and the injustice of their oppressors. Feeling all this, they were determined to maintain their liberties at any cost. The colonial agents remonstrated against the iniquitous measure; members of parliament, better informed than the ministers, raised their voices in indignation against the proposed act; the colonists held meeting after meeting.

and vehemently protested; and the legislatures of many of the colonies memorialized the House of Commons. Protests were in vain, remon strances failed, notes of warning from their own members availed not; Grenville and his associates had determined that the measure should be passed and so, on the 22d of March, 1765, it was passed, in a full House of Commons, after a very spirited debate and hot opposition, by the large majority of 252, out of an aggregate of 366 votes and became a law. It can well be imagined with what indignation the news of the passage of the bill was received in the colonies. But when the stamps reached America, that indignation was increased and the manifestations of feeling all over the land were of a character which almost beggars description. In New Jersey, the demonstrations were not so violent as elsewhere, but the conduct of the people was such as to show beyond a doubt that they would not submit to the indignity. All classes agreed not to use the stamps and it seemed, for a time, as if business would be suspended. The action of the lawyers illustrates the position taken by the business men of the community. Frederick Smyth was then Chief Justice; he was a loyalist and was charged with being a candidate for the position of stamp distributor. Smyth was appointed chief justice in 1764 and the stamps arrived in the province the next year. A meeting of the bar was called in September, 1765, expressly to discuss the situation, and after a full presentation of the matter, it was unanimously resolved that they would use no stamps for any purpose. Of course, this action, if persisted in, would put an end to all legal business, but, it would also prevent any return being made to the home government for the sale of stamps. The lawyers persevered in their determination and resolutely refused to purchase a single stamp. The Chief Justice requested the members of the bar to confer with him on the day after their meeting. He denied in the most positive manner that he had sought the appointment of stamp distributor, or had accepted it. In fact, William Coxe had been appointed on the nomination of Benjamin Franklin. The ministry had resolved not to choose any of these officers from England, but to name them from responsible citizens in the colonies, on the nomination of the colonial agents. At his meeting with the members of the bar before referred to, the Chief Justice propounded several questions to them, among them, this: Whether they would agree to purchase the stamps if they should arrive at a certain time; to which a negative was promptly given. He also asked for their opinion as to the payment of duties and

whether he was under any obligation to distribute the stamps. To this there was only one answer-that the duties could not be paid and that he was not obliged to aid in the delivery of the stamps. The Chief Justice acted on this advice and the result was that the Court was closed and remained so until the next April, when there was another meeting of the bar, at which the conclusion was reached that they would resume business, use no stamps and abide by the result.

The stamps intended for New Jersey were never landed; the opposition against the measure was so pronounced that the English Captain, Hawker, who had the papers on board of his vessel, did not dare take them on shore.

The Governor called his Council together on the 6th of November, 1765, for the purpose of consulting as to the proper method to be pursued under the condition of affairs in the colony arising from the threatening aspect of the people. Six Councilmen were present; the four absent members sent apologies, one of whom, Lord Sterling, gave his opinion in full and presented his advice to the Governor. Franklin had some correspondence which he presented to the Council, letters from Governor Colden, Captain Kennedy and Captain Hawker, in whose vessel then lying near New Castle, in Delaware, were the obnoxious stamps. The Governor submitted several questions to the Council which were answered the next day. The result of the interview was that he was advised that he could not accept of the resignation of the stamp distributor, nor was he empowered to appoint any one in his stead; that there was no one in the province able to give the requisite bond, who would accept the position; that it was not safe for any per son to execute the duties of the office "on account of the violent resentment too generally imbibed against the act; and the many repeated threats by written advertisements, and otherwise, against any that should be aiding or assisting in carrying the same into execution; that it was unsafe for the Governor to attempt to send for the stamps from under Captain Hawker's protection."

The Governor showed great wisdom during the whole of this unpleasant affair, acted with firmness but moderation, seemed to appreciate the surroundings and to demean himself so as to show that he was fully alive to the situation. He never for a moment surrendered his loyalty to the king and yet seemed desirous of securing tranquillity in the province.

The ministry gained nothing by the passage of the act but the