CHAPTER XIII. PROGRESS OF THE STRUGGLE. COMMITTEES OF CORRESPONDENCE. XIII. CHAP. THE fifth of March, 1770, was doubly memorable in the annals of New England - memorable as the day of the "mas1770. sacre" in Boston, and memorable as the day on which, in the Parliament of Great Britain, the "American question" was again under debate. A "petition from the merchants and traders of London trading to North America" was presented in the House of Commons, setting forth the "alarming state of suspense" into which commerce had fallen, and that this "interruption of trade," in the apprehension of the petitioners, was "principally owing to certain duties imposed on tea, paper, glass, and painters' colors imported into the colonies." They "therefore presumed to lay the distressed situation of this trade before the House, and, for the recovery of so important a branch of commerce, to pray for such relief as to the House shall seem meet." Lord North, who had been recently appointed first lord of the treasury,2 moved the reading of the act to which the petitioners referred; and, after it had been read, he observed that the act thus petitioned against had been "the occasion of most dangerous, violent, and illegal combinations in America;" yet as "many of the articles contained in the tax" it was "absurd to have imposed a duty upon," for "these commercial reasons" it was necessary to move the repeal of such duty." 1 1 Debates in Parl. v. 253. and Lord North took his place. Belsham, i. 266. SPEECH OF LORD NORTH. 423 "He had favored," he added, " with the rest of the ministry, CHAP. at the end of the last sessions, the circular letter to the govern- XIII. ors of the colonies, promising to repeal, on certain commercial 1770. principles, that part of the law which was repugnant to them; that he did this as a persuasive to bring them back to their duty, by a measure which would not at the same time relax the reins of government over them; and he could have wished to have repealed the whole, if it could have been done without giving up such absolute right. But he was sorry to say that the behavior of the Americans had by no means been such as to merit this favor, their resolutions being more violent this summer than ever; neither did he think a total repeal would by any means quell the troubles there; as experience had shown that to lay taxes when America was quiet, and repeal them when America was in flames, only added fresh claims to those people on every occasion; and now, as they totally denied the power of Great Britain to tax them, it became more absolutely necessary to compel the observance of the laws, to vindicate the rights of Parliament." On these grounds he would not move an absolute repeal of the act, but only that "leave be given to bring in a bill to repeal the tax act as far as related to the tax on paper, glass, and painters' colors." 1 The speech of Pownall was an elaborate defence of the petition; and at its close he moved, as an amendment, a clause including tea with the articles enumerated.2 "I do not," said he, "argue this repeal as asking a favor for the Americans; they do not now ask the repeal as a favor. Nor do I move in this matter as seeking redress of a grievance complained of by them; they have not complained to Parliament, nor do they come for redress. Although they feel deeply, they suffer and endure with a determined and alarming silence. They are Debates in Parl. v. 253-255; Lord Mahon's Hist. Eng. v. 265; Boston News Letter for April 26, 1770. The report of Johnson, the agent of Connecticut, is somewhat dif ferent from the above, and an abstract 2 Debates in Parl. v. 255-268; Bos- 424 SPEECHES OF GRENVILLE AND OTHERS. XIII. CHAP. under no apprehension for their liberty. They remember that it was planted under the auspicious genius of this constitution; 1770. it hath taken root, and they have seen it grow up, under the divine blessing, to a fair and blooming tree. And should any severe strokes of fate again and again prune it down to the bare stock, it would only strike the deeper and the stronger. It would not, perhaps, rise in so straight and fair a form; but it would prove the more hardy and durable. They trust, therefore, to Providence; nor will they complain." Grenville followed; and, after lauding the stamp act, his own favorite measure, and censuring the subsequent policy of the ministry, declared his intention to remain neutral in the present controversy, and "not vote in the question." Conway expressed his "concurrence in repealing the whole of the present act; "2 and Sir William Meredith declared the tax "ought to be repealed totally."3 Barrington and Ellis opposed both the amendment and the original motion; but the uncompromising Barré "was for the whole repeal." The act was unjust in every sense of the word, and as impolitic as unjust; and too soon the ministry could not retrace their steps, if they wished to restore peace to the kingdom. When the question was taken, however, upon the amendment of Pownall, it was rejected by a vote of two hundred and four against one hundred and forty-two; and the repeal was lost, so far as the article of tea was concerned, though carried on the other points.5 The General Court of Massachusetts had been prorogued by Bernard to the tenth of January; but before that day arrived, a “further signification of the king's pleasure" was received by Hutchinson, that the court "should be held at Cambridge, unless the lieutenant governor had more weighty 1 Debates in Parl. v. 268, 269; Boston News Letter for April 26, 1770. Comp. Du Chatelet to Choiseul, Feb. 27, 1770, in Bancroft, vi. 353; Franklin's Works, vii. 466. 2 Debates in Parl. v. 269. Debates in Parl. v. 269. Debates in Parl. v. 269. Comp. Lord Mahon's Hist. Eng. v. 266, 267. 5 Debates in Parl. v. 270; Boston News Letter for April 26, 1770. CONTROVERSY WITH HUTCHINSON. 2 425 XIII. to 24. reasons for holding it at Boston ;" and, considering the "in- CHAP. struction tantamount to a peremptory order," contrary to his own judgment, as he afterwards affirmed,' he convened the 1770. legislature at Cambridge. This step was displeasing to the Mar. 15. House; and a remonstrance was prepared against the proroga- Mar. 16. tion of the assembly by the "mandate" of the minister as "an infraction of their essential rights as men and citizens, as well as those derived from the British constitution and the charter of the colony," and praying that the assembly should be adjourned "to its ancient place, the court house in Boston." 3 But his honor, in reply, stood upon his reserved rights as commander-in-chief, and declared his determination not to depart from his duty to the king. For some days the controversy Mar. 16 was continued; the Council joined with the House in petitioning for the removal of the court; and the House, by a verbal message, desired of his honor a copy of his instructions from the king, and drew up a memorial, based upon the act of 10 William III., authorizing the General Court or Assembly to be held "at the town house in Boston," as a warrant for their petition; but all was to no purpose. Hutchinson was inflexible, and the session of the court was continued at Cambridge. "We proceed to business under this grievance," the House then resolved," only from absolute necessity - hereby protesting against the illegality of holding the assembly as aforesaid, and ordering this our protest to be entered on our journals, to the end that the same may not be drawn into precedent at any time hereafter." 5 Hutchinson to Gage, Feb. 25, 1770. Comp. the first draught of his letter to Hillsborough, of Feb. 28, 1770, in Almon's Remembrancer for 1775, 44. 2 Hutchinson to Hillsborough, Feb. 28, 1770, and Hist. iii. 280, 281; Almon's Remembrancer for 1775, 44, 45. 3 Jour. H. of R. for 1769-70, 91; Hutchinson, iii. 281. 4 Jour. H. of R. for 1769-70, 92; Hutchinson, iii. 282. "The Jour. H. of R. for 1769-70, 92- 426 CHAP. April 9. CONTROVERSY WITH HUTCHINSON. Under such duress, the temper of the House was by no means softened to a conciliatory tone. Yet one more attempt was made in England in behalf of the colonies; and several members of the House of Commons - Trecothick, Beckford, Beauchamp, and Dowdeswell-proposed the repeal of the duty on tea. But the king, who was exceedingly jealous of his prerogative, was indignant at this "debate in the teeth of a standing order," and through his mouthpiece, Lord North, declared that, though he wished to "conciliate the Americans, and to restore harmony between the two countries," he would "never be intimidated by the threats nor compelled by the combinations of the colonies to make unreasonable or impolitic concessions." This decided the question; the matter was passed over; and the next order of the day was called for by a vote of eighty to fifty-two.2 It is not a little singular that, in the messages of Hutchinson to the General Court, no notice was taken of the event which had convulsed the province from one end to the other. To the tragedy of the fifth of March he made no allusion. Yet minor disturbances attracted his attention; and, as a "riotous transApril 7. action" had occurred in Gloucester, he "thought it proper to communicate it to the House and to the Council, that, if any act or order of the whole legislature should be judged necessary for strengthening or encouraging the executive powers of government, there might be an opportunity for it."3 For more than a fortnight this communication remained unanApr. 23. swered; then, in an address to his honor, the House assured move them to Boston; but I shall not 1 Conway, Dunning, and Sir George Saville likewise took part in this de bate in favor of America. 2 Debates in Parl. v. 305, 306; Bancroft, vi. 360. 3 Jour. H. of R. for 1769-70, 139; Boston News Letter for May 3, 1770; Hutchinson, iii. 283. The “riotous transaction" consisted in tarring and feathering a custom house officer who had given offence by his proceedings. |