The Declaratory Act—that the king, with the advice of Parliament, had full power to make laws binding America in all cases whatsoever—was passed. This gave Pitt some trouble, considering his emphatic declaration in that regard; but the liberal party in the colonies soon met it with the counter-affirmation that Parliament possessed no authority whatever in America except by consent of the provincial assemblies. If the colonists had not forced the British government from its position, they had advanced from their own. The repeal, however, caused great rejoicing on both sides of the Atlantic. British merchants expected no further trouble from non-importation agreements, and hoped that the colonists would now pay their debts,—amounting to £4,000,000. But there were misgivings on both sides. The ardent patriots were outspoken in condemning the Declaratory Act, which Franklin had thought would give no trouble. But the act of 1764, laying duties, remained; and the enforcement of the navigation laws—their real grievance—lost none of its vigor. Governor Bernard was under instructions to enforce the laws against illicit trade; and in addition to these official obligations, his share in the forfeitures of condemned goods laid his motives open to suspicion. Nothing could have been more unfortunate for his administration. It was also alleged that merchants were encouraged in schemes to defraud the revenue; and that when their ships and cargoes were compromised, they were seized and condemned. At a time when conciliatory measures were needed to reassure the colonists, the harshest were followed. Nevertheless, the repeal weakened the prerogative party on both sides of the water, and encouraged the liberal party by a knowledge of its power.
Fac-simile of an original in the library of the Mass. Hist. Society.—ED.]
Governor Bernard opened the General Court, May 29, 1766, with congratulations on the repeal of the Stamp Act. If he had stopped there he would have acted wisely; but he alluded to the "fury of the people" in their treatment of Hutchinson, and to some personal matters, which called forth a reply from the House couched in terms showing no abatement of animosity. This was increased on the receipt of another message from the governor (June 3), enclosing the Act of Repeal and the Declaratory Act, and at the same time informing them that he had been directed by Secretary Conway to recommend "that full and ample compensation be made to the late sufferers by the madness of the people", agreeably to the votes of the House of Commons. He also complained of their exclusion of the principal crown officers from the Council by non-election.[75] The General Court promptly availed themselves of this last topic for reply, instead of committing themselves on the matter of compensation. They did not fail, however, to vote a politic address of thanks to the king for assenting to the repeal of the Stamp Act, and to offer their grateful acknowledgments to Pitt and those members of the two Houses who had advocated it.[76] But the subject of compensation could not be passed by. The governor urged prompt compliance with the recommendation of Conway. The House, however, professing the greatest abhorrence of the madness and barbarity of the rioters, and promising their endeavors "to bring the perpetrators of so horrid a fact to exemplary justice, and, if it be in their power, to a pecuniary restitution of all damages", regarded compensation by the province as not an act of justice, but rather of generosity, and wished to consult their constituents. Therefore they referred the matter to the next session.[77]