1

IX.

1769.

or the magiftrates of the town, fo that it was now become CHAP. impoffible to preferve the public peace, or enforce the execution of the laws without the aid of a military-power; the town-meetings of Boston, and particularly the convention, were determined to be in the highest degree illegal; and the election of deputies for the convention by by the several towns of Maffachusetts Bay, was faid to be a moft daring infult on his majesty's authority, and an audacious ufurpation of the powers of government. The addrefs, in answer to his majesty's fpeech, was to the fame purpose. A most determined refolution was therein announced, to concur in proper measures for fuppreffing the diforders; and it was particularly requested, that governor Barnard might be directed to fend information of fuch as had committed treason or misprifion of treason fince the year 1767, in order that the moft active offenders might be tried in England on a ftatute for that purpofe of 30 Henry VIII.

bates.

These measures were not adopted without a most vio- Parliamen lent oppofition. The right of taxation had been debated tary dein the affair of the ftamp-act; but the oppofition now affumed a new ground. They argued against the utility of the late revenue-laws. The miniftry, they faid, did not even pretend that they were of any ufe; the only occafion for them was faid to be the establishment of the right of taxation; but this was already fufficiently done by the declaratory bill, as well as a multitude of revenuelaws enacted in this and the former reigns. The abfurdity of repealing the stamp-act, and then laying on other duties more vexatious in their nature than the ftamp-act had been, in order to difturb the tranquillity yet fcarcely established, was reprobated in the ftrongeft manner; that the impofition of taxes upon British goods imported into America, was in fact to offer premiums in order to excite the industry of the colonifts. The endeavour of the miniftry had conftantly been to reprefent the colonifts as in a ftate of actual rebellion, or very little lefs; but this was far from being the cafe. The people were indeed exafperated, by a continued feries of minifterial blunders, to difcover their impatience by feveral rafh and very irregular acts; but they had no intention of throwing off the authority of the mother-country. It was at all times dangerous to meddle with popular prejudices; but, inftead of yielding any thing to those of the colonists, every method had been taken to inflame them to the utmoft. Cuftom-houfe officers, from their novelty, were difagreeable to the Americans; yet fo many of them had been fent over to the colonies,

1

CHAP. that it had created an opinion of the taxes being laid on IX. merely for their fake. The very framers of the new taxes

were charged with being those who abfolutely denied any 1769. right of taxation in the British legislature; their names and opinions on this head had been published with the greatest applaufe in the colonies; and it was no wonder that the Americans, now finding themselves deceived and difappointed in their expectations, fhould run into fome extravagancies. But whatever might be their crimes, nothing could be more unjust than the method now in agitation for punishing them. It was, faid oppofition, a very ftrange conduct now to revive an obfolete law, enacted by an arbitrary tyrant, at a time when the conftitution was far from being perfect, and even fuch as it was, continualTy underwent the moft outrageous violation that whim or caprice could devife. It would be much for the honour of the nation, if the greateft part of the acts of that reign, inftead of being imitated, could be buried in oblivion. It was impoffible that the law in queftion could have been defigned as any pattern for our treatment of the colonists, because Great-Britain had not at that time a colony in any part of the world. The project was, in fact, impracticable in itself; and, though it could be put in execution, was not only unconftitutional, but involved fuch moftrous injuftice and cruelty, as could not bear a moment's reflection. By the law of England, a man was usually tried in the very county where he was faid to have committed any offence, as every circumftance relating to the fact must be supposed to be better known there than any where else. This method had been long adopted, and every one was convinced of its utility, infomuch that it was esteemed one of the privileges of Englishmen; and if they were entitled to this in their own country, what should prevent them from enjoying the fame when they went to America? If an American has committed any offence in his own country, let him be tried for it there; but let him not be dragged to fuch a diftance from his family, friends and connexions, and every kind of comfort and countenance neceffary for a perfon in fuch circumftances, to be tried by a jury who might not perhaps be at all times entirely void of prejudice against him. In fuch a cafe, it would also be in a manner impoffible for the accused party, though ever fo innocent, to bring over with him the evidence neceflary for his vindication. A very opulent fortune must indeed be requir ed to bring witneffes from Bofton to London, befides the danger of forgetting many who might afterwards be found effentially neceffary, or of bringing fuch as might be of ne

1769.

ufe; while, on the other hand, the evidences against him, CHAP. being fure of a compenfation for their trouble from go- IX. vernment, would be early collected, and, it was to be feared, might fumetimes be too fond of the employment. Nothing can be fuppofed more diftreffing than the fituation of fuch a perfon, torn from his own country, and every connexion dear to him, to be tried for a capital crime by judges, who are the very people against whom he is faid to have tranfgrefied. Even if he fhould have the good fortune to be acquitted, it is moft probable that he must be ruined by reafon of the great lofs of time, as well as expenfes, not to mention the lofs of health, and the vexation which must neceffarily attend a long confinement. Such, in confequence of the newly-propofed law, was likely to be the cafe with every one who fhould happen to become obnoxious to the governor of a province, as charges would never be wanting, nor evidence, however flight, to give a colour to the prosecution.

To most of those arguments the miniftry did not think proper to make any reply, but confidered only the outrages and difobedience of the Americans. The repeal of the ftamp-act, they faid, fo far from having reclaimed the colonists in any degree, had increased their licentioufnefs beyond all measure, fo that it was now become abfolutely neceffary to establish fome mark of their dependence on Great-Britain. The late duties were the fmalleft and leaft oppreffive that could be chofen, they were not internal taxes, and the whole produce of them was to be applied to the fupport of their own civil eftablishments; but the republican spirit which had exifted from the foundation of the colony in Maffachusetts Bay, had operated in fuch a manner, through the influence of factious and defigning men, as to cause the people there to break out into the most daring and infolent acts, to throw off their allegiance entirely, and behave as if they were members of an independent ftate, rather than a colony or province belonging to this country. This was indeed an effect of the ill-contrived fyltem of which their government had been originally estab lifhed; for, as the council was chosen by the affembly of the province, it was in the power of the factious men, of whom that affembly was now principally compofed, to manage matters as they pleafed; and who had accordingly proceeded to the commiffion of fuch flagitious acts as would have been at any other time accounted rebellion, and punished as fuch. It was high time, therefore, for government to interfere, and by a vigorous exertion of power, to fhew that it was fill poffible for the parent state VOL. V. $

1769.

CHAP. to fubdue her refractory fubjects. There was a neceffity IX. for bringing the most notorious offenders to trial and punifhment. But how was this to be done? Not by the legiflative power of the colonies themselves; for experience had already fhown that they neither could, nor would put any mark of their difpleafure upon them. It must therefore be by bringing them to England, and this could only be done by the ftatute of 30 Hen. VIII. fo much complained of. It was ungenerous to fuppofe, that government would make ufe of this ftatute to diftrefs innocent individuals. Thofe who were pointed at, and on whofe account it was propofed to revive the ftatute, were neither objects of compaffion on account of the expenfe in which it would involve them, nor on account of the lofs of time it would occafion. However, it was hoped by adminiftration, that there would be no occafion for putting in execution the act at all, as there feemed to be but little doubt, that when the colonists had leisure to reflect on the vigour as well as lenity of go vernment, they would in a fhort time return to their duty. It does not appear, however, that these arguments were All the du- violently, or indeed even feriously urged by the miniftry. ties except When called upon to avow their patronage of the ftatute taken off. 30 Henry VIII. each of them denied his having been the author of the scheme; and on the prefenting of a petition by the American merchants, Januray 5, 1770, it was thought proper to bring in a bill for the repeal of the late revenue-act relating to glafs, painters' colours, and paper; the tax of 3d per pound on tea being now the only grievance of which the Americans had to complain. On this occafion, lord North violently declaimed against the taxes he had formerly supported, as fo abfurd and prepofterous, that they might afford matter of aftonishment to every reasonable man. Oppofition did not fail to remind him of this inconfiftency, as well as of the abfurdity of repealing only part of the laws he had just now declared to be prepofterous. The tea-tax, however, he faid, was left to fhew the Americans, that the British legiflature had a right to tax them; and they had no right to complain of this trifling tax, when another, of no less than a fhilling on the pound, had been repealed at the time of laying it on.

that on tea

January 5, 1770.

The determination of the miniftry prevailed at this time as ufual; but the partial repeal of this obnoxious act, American fo far from reftoring tranquillity to America, seemed to disturban

res continue and increase.

make matters much worfe than before. The colonifts had now loft all confidence in the good intentions of govern ment. A continued courfe of encroachment on what they believed to be their rights, the perpetual inclination

IX.

1770.

which had been fhewn to fet up fome authority or other, CH AP. as independent of the established laws and conftitution of the kingdom, had rendered them now fo exceflively jea lous, that the mereft trifle which feemed to militate against their rights and liberties was capable of ferting the whole continent in a flame. Government had already found the inefficacy of laws and acts of parliament to enforce fubjection, and for that reafon, four regiments, as we have already related, had been fent to Bofton. The terrors of millitary power had for fome time preferved a degree of tranquillity unknown in that city for feveral years. This, however, lafted no longer than while the full complement of foldiers remained there. As foon as part of them were removed, the inhabitants, thinking themfelves able to cope with the remainder, began to pick quarrels with them, and frequent frays and tumults enfued. A moft remarkable one of this kind happened on the 5th of March, 1770, Some peo were feveral people were killed by the fire of the foldiers*. ple killed Whatever might have been the provocation given to the in a tumult foldiers on this occafion, or however juftifiable the con- March 5, duct of them and their officers, it is certain that this ac- 1770: cident was made ufe of, and contributed more than any thing to inflame the minds of the populace against govern

The day after this difafter, upwards of four thousand of the inhabitants affembled, and having given it as their opinion, that the inhabitants and foldiers could no longer live together in fafety, a meffage was fent to the lieutenant-governor defiring the removal of the troops to the caftle. To this he replied, that with regard to the abfolute removal of the troops, he had it not in his power to countermand the orders of the commander in chief; but that he had acquainted the commanding officer of the 29th with their requelt, who had promifed to remove that regiment immediately to the barracks in the caftle; and as the 29th had been principally concerned in the quarrels with the inhabitants, it was hoped the removal of it would give fatisfaction, This, however, was by no means the cafe: Of the four thoufand affembled, as already related, only one declared himfelf fatisfied with the answer. A

The American accounts of this melancholy affair reprefent the foldiers as the aggreffors, and that there was a premeditated defign to mur der the people. But, to every impartial perfon, this muft evidently appear a malicious calumny. At this time, the ministry, so far from being in a condition to contrive fchemes of this kind, were unable to support their authority in any degree, and would no doubt have gladly accepted of any conceffion, however flight, from the colonifts, whofe haughtiness this refpe& indeed knew no bounds.

at Bolton,