IX. quantity was landed at New-York, under the cannon of CHAP. a man of war; and even there it was obliged to be locked up by government to prevent its being made ufe of. The quantity returned unfold was valued at 300,000l. 17 74. March. tions at Bofton, &c. News of this transaction arrived in England about the beginning of March, 1774, and was communicated to both houses of parliament by a meffage from the throne, Tranfacalong with which were fent a great number of papers relative to the American affairs, all of them tending to fhow laid before the rebellious fpirit of the Americans, which indeed per- parliament. vaded the whole continent; fo that the publications of the popular faction, of which a great number were laid before parliament, all resembled one another, whether executed at Bolton or any where else. From these papers it appeared, that the tea-confignees had petitioned the council of Maffachusetts Bay, praying that their persons might be taken under the protection of government; but the bufinefs had been declined by the board of council, who, nevertheless, condemned the destruction of the tea, and advised legal profecutions against the perpetrators, provided they could be found out, which, however, was impoffible. The minifter commented largely on the papers, and fet forth, in very strong terms, the difobedience of the Boftonians, which had now manifefted itself in fuch an outrageous manner. The inhabitants of that place, he faid, had been left to their own discretion, and were now entirely without excufe. Every poffible method had been taken to eftablish the civil power, but without effect. The governor, though he could have preferved the tea by an interpofition of the naval or military force, had yet prudently declined fuch an interference, as the Boftonians had all along given out, that this interpofition was the occafion of their disturbances; "and yet," fays he, "this loyal and peaceable people of a mercantile town, as they affect to call themselves, have wantonly destroyed the property of another loyal mercantile body, without even the plea of neceflity for fo doing; as nothing more was requifite than to adhere to their own agreements of non-confumption, to evade the revenue-laws in an effectual manner." Indeed, this last step of deftroying the tea, was looked upon in a very heinous light throughout our ifland, and occafioned the desertion of many who had hitherto profeffed friendship to the American caufe. When the matter is fairly confidered, however, we must acknowledge, that this was no more than a neceffary confequence of their former proceedings, and what might have been easily VOL. V. T IX. 1774. CHAP. foreseen on the part of miniftry. The Americans had uniformally declared, that they would not fubmit to parliamentary taxation on any account whatever; and their behaviour on the occafion of the ftamp-act manifested, that they were ready at that time to come to the utmost extremities rather than fubmit; but this adminiftration either did not, or pretended not to believe. When the ftamp-act failed, another mode of taxation, lefs direct, was attempted; and when this alfo failed, an infidious method was tried of taxing them through the medium of the Eaft India Company. As this, in the opinion of the Americans, favoured of hypocrify and treachery, it therefore excited a greater flame than even the ftamp-act itself; fo that, inftead of being furprized at the destruction of the tea, after a refufal to take it back to England, many rather wondered at its not being inftantly deftroyed on its arrival, without any questions afked. To thofe, however, who confidered only the crime of deftroying property, matters appeared in a very different light; and thus adminiftration found it a more eafy matter to effect its purposes against the colonies than would otherwife have probably been the cafe. On the prefent occafion, therefore, the papers were stuffed with writings, in which the difobedience of the Americans was fet forth in the ftrongest manner, and that for the future there was an impoffibility of carrying on any trade with America, if fuch a flagrant infult fhould go unpunished. Syftem of It is eafy to fee that here the public were misled by reafoning appearances; and that the Americans never made any obadopted by jection to trade with Britain on the fame footing they the Ameri- had done formerly. They denied that they were rebels; cans. and, on the principles they affumed, they argued right.They maintained, that their conftitution, as held by charter, was unalterable; and, therefore, they would fuffer no innovations whatever. They did not now refuse submiffion to any laws to which they had once yielded obedience; but they only refifted the new ones to which they had never been in fubjection, or that unlimited and defpotic authority which, as we have already seen, miniftry had fo eagerly fought for, and at last supposed to exift in the decifions of both houfes of parliament, when ratified by the royal affent. With the Americans, however, even this authority was not allowed to be fuperior to the constitution of the realm; and they infifted, that if a supreme uncontroulable authority were lodged any where, except in the univerfal confent of the people at large, the government was that moment degenerated into a tyranny, 1774. let the governors be called a parliament, or what we please. CHAP. It was, in fact, by this general voice of the people, and IX. not by acts of parliament, that liberty had ever been obtained. In the time of king John, the barons at large affembled, and their unanimous voice at that time being the voice of the whole nation, obliged him to fign Magna Charta. In the time of king Charles I. the people at large oppofed, and obliged him to call a parliament; but the fame parliament, neglecting their conftituents, and taking upon them to affume a fupreme and uncontroulable power, degenerated into the most intolerable tyranny. In like manner, at the revolution, the defpotifm of James II. was opposed by the people at large; for he had found means to make his parliament obfequious; and fuch means, they infifted, would never be wanting to corrupt ministers.Though parliament, therefore, as the reprefentatives of the people, might enact laws, by which individuals, or parts of an empire, might be made fubfervient to the good of the community, it was impoffible it could have any right to make a great and flourishing country, such as America was, fubfervient to any purpose whatever; as the people were now fufficiently numerous to defend themselves, and ought, in juftice and reafon, to have a vote in thofe tranfactions which regarded their own intereft, as well as the mother country. As the above piece of reasoning contains the effence of all the arguments that were, or, indeed, could be urged on the fubject of the American difputes, we fhall, for the future, confine ourselves to facts, without entering into any detail of thofe innumerable contefts in parliament, which were, on this occafion, often conducted with an acrimony fo little to the honour of either party. The minister having fully set forth the difobedience of the Americans, and declined any retrofpective view of their affairs, as tending to inflame people's minds, reduced the matter to this fingle queftion, Whether America was, for the future, to be dependent on Britain, or not? and, if fhe was, by what means was her dependence and obedience to be fecured and enforced? The whole attention of parliament being thus drawn to the difobedience of the colonists, without any inquiry into the motives of their conduct, matters began to wear a very threatening afpect towards them. Mr. Bolland, agent for Maffachufetts-Bay, therefore, dreading that the ftorm would fall heaviest upon that colony, prefented a petition, in which he defired leave to lay before the house of commons, the acta regia of queen Elizabeth and her fucceffors, for the March. CHAP. fecurity of the planters and their defcendants, and the per IX. petual enjoyment of their liberties; which he prefumed had never been laid before the house, nor had the colo1774- nies hitherto any opportunity of afcertaining and defending these rights. The petition was received, and ordered to lie upon the table, or, in other words, configned to oblivion. bill. All obftacles being thus removed, the minifterial plan Bolton port of punishment was next unfolded. In this, as had been expected, Boston was to have the principal fhare. This town, the minifter remarked, had been the place whence all the disorders originated, and in which the free commerce to America had been deftroyed by the late unheard-of outrage; and if a fevere punishment were not inflicted on this rebellious city, it would be altogether impoffible to protect the peaceable part of his majesty's subjects. Had fuch an infult been offered by any foreign power, the nation would have been called upon to demand satisfaction for it. It was, therefore, his opinion, that the town of Bofton fhould be obliged to pay for the tea which had been deftroyed in their port. Nor was this fufficient punishment. The deftruction of the tea was not a fingle act of injuftice. The city had been in a long course of sedition, and muft give fecurity that trade should be peaceably carried on there in time to come, as well as that the laws fhould be obeyed, and the duties paid. Until fecurity of this kind should be given, it was proper that Boston fhould ceafe from being a port; which privilege, however, should be restored as foon as his majefty was satisfied of the reformation, and publicly declare his fatisfaction in council. Until this time, the custom-house-officers should be removed to Salem, where they might exercise their functions in fafety. The sufferings of Boston, which must neceffarily, in this case, enfue, were not deferving of compaffion; they were lefs than her demerits required. She was not precluded from all supply, as the port was only removed to seventeen miles diftance; and the duration of the punishment was entirely in her own power, as there was no doubt that his majesty would exert his natural clemency, by reftoring her privileges, as foon as the city fhould give fufficient evidence of her repentence, by paying the debt to the Eaft-India Company, contracted by her own violence, and give full affurance of obedience to the revenue-laws in time to come. He enlarged on the former bad behaviour of the Americans. They had threatened, when the stamp-act was paffed, that they would not pay the debts they owed to this country; the ftamp act was repealed, and they had not paid. The threat was CHAP. repeated on the prefent occafion; and would continually IX. be fo, if any regard was paid to it. He was the more in- r clined to the bill, that it required no military force to put 1774 it in execution; four or five frigates would be fufficient for the purpose; but fhould it even require the aid of a military power, he fhould not fcruple to use it, as it might act effectually without bloodshed. It was very improbable that the other towns would be offended at the punishment of this refractory city; or, if they fhould combine, they must take the confequence of their own rebellious proceedings. The bill was then brought in, and received with general applaufe, excepting by a few of the most diftinguished members in oppofition, who predicted, that March 18. the confequences would be a general combination against the British government throughout America; but as no regard was paid to their opinions, they would not divide on the question. In the courfe of the debates, however, another petition was prefented by Mr. Bolland, the agent for Massachusetts-Bay, defiring to be heard for the council, against the and in behalf of himself and the other inhabitants of Bof- bill rejectton. But this petition was rejected by miniftry, on pre- ed. tence that the agent for the council was not agent for the corporation; nor could any agent be received from a body corporate, unless he were appointed by all the neceffary conftituent parts of that body. The council was also fiuctuating, and the body by which he was appointed could not then be actually exiting. Against these arguments, oppofition indeed exerted a little of its force; but charges of inconfiftency operated very little upon the minifter, who had ftill further flatutes in view. Petitions On the third reading of this bill, a petition was given in by the lord mayor of London, in name of several of the natives and inhabitants of North America, at that time refiding in London. In this it was fet forth, that "They apprehend it to be an inviolable rule of natural justice, that no man fhall be condemned unheard; and that, according to law, no perfon or perfons can be judged without being called upon to anfwer, without being permitted to hear the evidence against them, and to make their defence. They conceive it, therefore, to be directly repugnant to every principle of law and juftice, that fuch a fevere punishment thould be inflicted on the town of Bofton, without the faid town's being apprized of any accufation brought against them, or having been permitted to hear the evidence, and make their defence. The law in America affords fufficient re |