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Chapter 42:

The non-importation agreement enforced.—the New Tory party installed in power.

August 1769,—January 1770.

‘the Lieutenant Governor well understands my
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system,’1 said Bernard, as he transferred the Government. Hutchinson was descended from one of the earliest settlers of Massachusetts and loved the land of his birth. A native of Boston, he was its representative for ten years, during three of which he was Speaker of the Assembly; for more than ten other years, he was a member of the Council, as well as Judge of Probate; since June 1758,2 he had been Lieutenant Governor, and since September 1760, Chief Justice also; and twice he had been chosen Colonial Agent. No man was so experienced in the public affairs of the Colony; and no one was so familiar with its history, usages and laws. In the Legislature he had assisted to raise the credit of Massachusetts by substituting hard money for a paper currency. As a Judge, though he decided political questions [304] with the subserviency of a courtier, yet in approving
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wills, he was considerate towards the orphan and the window, and he heard private suits with unblemished integrity. In adjusting points of difference with a neighboring jurisdiction, he was faithful to the Province by which he was employed. His advancement to administrative power was fatal to England and to himself. The love of money, which was his ruling passion in youth, had grown with his years; and avarice in an old man is cowardly and mean; knows that its time is short, and clutches with eagerness at immediate gains.

A nervous timidity which was natural to him, had been increased by age as well as by his adverse experience during the riots on account of the Stamp Act; and in the conduct of public affairs made him as false to his employers as to his own honor. While he cringed to the minister, he trembled before the people.

At Boston, Hutchinson professed zeal for the interests and liberties of the Province. With fawning treachery he claimed to be its friend; had at one time courted its favor by denying the right3 of Parliament to tax America either internally or externally; and had argued with conclusive ability against the expediency and the equity of that measure.4 He now redoubled his attempts to deceive; wrote favorable letters which he never5 sent, but read to those about him as evidence of his good will; and professed even to have braved hostility [305] in England for his attachment to colonial liberties.6

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At Boston he wished not to be thought to have been very closely connected with his predecessor7 At the same moment, ‘I have lived in perfect harmony with Governor Bernard,’ was the time-server's first message to the Colonial Office;8 ‘I flatter myself, he will when he arrives in England give a favorable opinion of me;’ and expressing his adhesion to the highest system of metropolitan authority, and retaining the services of Israel Mauduit as his agent, he devoted his rare ability and his intimate acquaintance with the history and constitution of the Province to suggest for its thorough ‘subjection’9 a system of coercive measures, which England gradually and reluctantly adopted.

Wherever the Colony had a friend, he would artfully set before him such hints as might incline him to harsh judgments.10 Even to Franklin he vouched for the tales of Bernard as ‘most just and candid.’11 He paid court to the enemies of American liberty by stimulating them to the full indulgence of their malignity. He sought out great men, and those who stood at the door of great men, the underlings of present Ministers or prospective Ministers, of Grenville, or Hillsborough, or Jenkinson, or the King; urged them incessantly to bring on the crisis by the immediate intervention of Parliament;12 and advised the change of the [306] Charter of the Province,13 as well as those of Rhode

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Island and Connecticut; the dismemberment of Massachusetts14 the diminution of the liberties of New England Towns;15 the establishment of a citadel16 within the town of Boston; the stationing of a fleet in its harbor;17 the experiment of martial law;18 [307] the transportation of ‘incendiaries’19 to England; the
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prohibition of the New England fisheries20 with other measures, which he dared not trust to paper,21 and recommended only by insinuations and verbal messages. At the same time he entreated the concealment of his solicitations. ‘Keep secret every thing I write,’22 said he to Whately, his channel for communicating with Grenville. ‘I have never yet seen any rational plan for a partial subjection;’ he writes to Jenkinson's influential friend Mauduit; ‘my sentiments upon these points should be concealed.’23 Though he kept back part of his thoughts, he begged Bernard to burn his letters. ‘It will be happy if, in the next Session, Parliament make thorough work,’24 he would write to John Pownall, the Secretary of the Board of Trade; and then ‘caution’ him to ‘suffer no parts of his letters to transpire.’

‘I humbly entreat your Lordship, that my letters may not be made public,’ was his ever-renewed prayer to successive Secretaries of State, so that he conducted the Government like one engaged in a [308] conspiracy or an intrigue. But some of his letters

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could hardly fail to be discovered; and then it would be disclosed that he had laid snares for the life of patriots, and had urged the ‘thorough’ overthrow of English liberty in America.

The agreement of non-importation originated in New-York, where it was rigidly carried into effect. No acrimony appeared; every one, without so much as a single dissentient, approved the combination as wise and legal; persons in the highest stations declared against the Revenue Acts;25 and the Governor wished their repeal.26 His acquiescence in the associations for coercing that repeal, led the moderate men among the patriots of New-York to plan a Union of the Colonies in an American Parliament, preserving the Governments of the several Colonies, and having the members of the general Parliament chosen by their respective Legislatures.27 They were preparing the greatest work of their generation, to be matured at a later day; their confidence of immediate success assisted to make them alike disinclined to independence, and firm in their expectation of bringing England to reason by suspending their mutual trade.

The people of Boston,28 stimulated by the unanimity and scrupulous fidelity of New-York, were impatient that a son of Bernard, two sons of Hutchinson, and about five others, would not accede to the [309] agreement. At a great and public Meeting of Mer-

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chants29 in Faneuil Hall, Hancock proposed to send for Hutchinson's two sons, hinting what was true, that the Lieutenant Governor was himself a partner30 with them in their late extraordinary importations of tea. As the best means of coercion, it was voted not to purchase any thing of the recusants; subscription papers to that effect were carried round from house to house, and every body complied.31

The Anniversary of the Fourteenth of August was commemorated with unusual solemnity. Three or four hundred dined together in the open field at Dorchester; and since the Ministry had threatened the leading patriots with death for treason, the last of their Forty-Five Toasts was: ‘Strong halters, firm blocks, and sharp axes, to such as deserve them.’32 The famous Liberty Song was sung, and all the company with one heart joined in the chorus. At five in the afternoon, they returned in a procession a mile and a half long, entered the town before dark, marched round the State-House, and quietly retired each to his own home.33

Massachusetts was sustained by South Carolina, whose Assembly, imperfectly imitated by New Jersey,34 refused compliance with the Billeting Act,35 and [310] whose people enforced the agreement of not import-

Chap. XLII.} 1769. Sept.
ing, by publishing the names of the few enemies to America, who kept aloof from the Association.36

In Europe, France studied with care the news from the Colonies, and was convinced of ‘their intrepidity’37 and ‘their animated and persevering zeal;’38 while the British Ministry gave no steady attention to American affairs;39 and defeated the hope of conciliatory measures which all parties seemed to desire,40 by taking the advice of Bernard.41

The ferment in the Colonies went on increasing. Copies having just then been received of the many letters from the public officers in Boston which had been laid before Parliament, Otis, who was become almost irresponsible from his nearness to frenzy,42 grew wild with rage at having been aspersed as a demagogue, and provoked43 an affray, in which he, being quite alone, was set upon by one of the Commissioners of the Customs, aided by bystanders, and received ‘much hurt’44 from a very severe blow on the head.45 This affair multiplied quarrels between the people and the King's officers, and mixed personal [311] bitterness with the struggle for suspending the

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trade with England.

Early in October a vessel, laden with goods shipped by English houses themselves, arrived at Boston. The military officers had been speculating on what would be done, and Dalrymple stood ready46 to protect the factors. But his assistance was not demanded; Hutchinson permitted the merchants to reduce the consignees to submission, and even to compel an English adventurer to re-embark his goods.47 One and another of the Boston recusants yielded; even the two sons of Hutchinson himself by their father's direction, gave up eighteen chests of tea and entered fully into the agreement. Four still held out, and their names, with those of the two sons of Hutchinson, whose sincerity was questioned, stand recorded as infamous on the journals of the town of Boston.48 On the fifteenth another ship arrived; again the troops looked on as bystanders, and witnessed the complete victory of the people.49

A letter from New-York next invited Boston to extend the agreement against importing indefinitely until every Act imposing duties should be repealed; and on the seventeenth, by the great influence of Molineux, Otis, Samuel Adams and William Cooper, this new form was adopted.50

On the eighteenth of October, the town, summoned [312] together by lawful authority, made their

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‘Appeal to the World.’ They refuted and covered with ridicule ‘the false and malicious aspersions’ of Bernard, Gage, Hood, and the Revenue Officers; and making the language and the intrepidity of Samuel Adams51 their own, they avowed their character and proclaimed their decision, with a boldness that would have seemed arrogance, had not events proved it to have been magnanimity. ‘A legal meeting of the Town of Boston,’ such were their words,

is an Assembly where a noble freedom of speech is ever expected and maintained; where men think as they please and speak as they think. Such an Assembly has ever been the dread, often the scourge of tyrants.

An Appeal to the World, or a Vindication of the Town of Boston, p. 18.

‘We should yet be glad that the ancient and happy union between Great Britain and this country might be restored. The taking off the duties on paper, glass and painters' colors, upon commercial principles only, will not give satisfaction. Discontent runs through the continent upon much higher principles. Our rights are invaded by the Revenue Acts; therefore until they are all repealed,’ ‘and the troops recalled,’ ‘the cause of our just complaints cannot be removed.’

The declaration of the town of Boston52 was fearless and candid; Hutchinson, through secret channels, sent word to Grenville, to Jenkinson and Hillsborough, [313] that all would be set right if Parliament,53

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within the first week of its session,54 would change the municipal government of Boston,55 incapacitate its patriots to hold any public office,56 and restore the vigor of authority by decisive action. He would abolish the existing ‘vague, uncertain sort of government;’ he would have no ‘partial subjection.’57 But he prepared also for the inaction of Parliament; writing orders for a new and large supply of teas for his sons' shop; and instructing his correspondent how to send them to market, so as to elude the vigilance of the Boston committees.58

Meantime languor crept over all the servants of Government. Two regiments remained to preserve order; ‘I consider myself to be without support,’59 said their Commander; who could get no leave to employ his little army. On Saturday the twenty-eighth, a great multitude of people laid hold of an informer,60 besmeared him with tar and feathers, and with the troops under arms as spectators, carted him through the town which was illuminated for the occasion. Mein, a printer, whose caricatures of leading patriots had given offence, engaged in a quarrel, fired pistols, and fled for shelter to the main guard, whence he was obliged to escape in disguise, [314] only to abscond from the town. Terrified by

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the commotions, the only two importers who had continued to stand out, capitulated.61

To the military, its inactivity was humiliating. Soldiers and officers spoke of the people angrily as rebels. ‘The men were rendered desperate’ by the firmness with which the local magistrates put them on trial for every transgression of the provincial laws.62 Arrests provoked resistance. ‘If they touch you, run them through the bodies,’ said a Captain in the twenty-ninth regiment to his soldiers, and was indicted for the speech.63 The magistrates continued their efforts to check the insolence of offenders by the civil authority, although soldiers were repeatedly rescued from peace officers, and contrived to evade legal punishments.64

In November, a true Bill was found by the Grand

Jury against Thomas Gage, as well as many others, ‘for slandering the town of Boston.’65 Dalrymple was so ‘continually engaged in disagreeable broils,’ that he and other officers longed to leave the town. Martial Law not having been proclaimed, ‘a military force,’ Hutchinson owned, ‘was of no sort of use,’ and was ‘perfectly despised.’66 ‘Troops,’ said Samuel Adams, ‘which have heretofore been the terror of the enemies to liberty, parade the streets, to become the objects of the contempt even of women and children.’67

The menace that he and his friends should [315] be arrested and shipped to England, was no more

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heeded than idle words. The Assembly of North Carolina, in November, unanimously68 adopted the protest of Virginia against the proposal, and thus provoked a dissolution, which opened to the Regulators some hope of relief through new elections.

But a different turn was given to public thought, when Botetourt, the King's own Friend, communicated to the Assembly of Virginia the ministerial promises of a partial repeal, and with the most solemn asseverations abdicated in the King's name all further intentions of taxing America. The Council, in its reply, advised the entire repeal of the existing taxes; the Burgesses expressed their gratitude for ‘information sanctified by the royal word;’ and considered the King's influence to be pledged ‘towards perfecting the happiness of all his people.’69 Botetourt was so pleased with their Address, that he found his prospect brighten, and praising their loyalty, wished them freedom and happiness, ‘till time should be no more.’

The flowing and confident assurances of Botetourt encouraged the expectation that the unproductive tax on tea would also be given up. Such was his wish; and such the advice of Eden, the new Lieutenant Governor of Maryland.70 To the Legislature of New-York, Colden, who, on account of the death of Moore, now administered the Government, announced unequivocally ‘the greatest probability that the late duties imposed by the authority of Parliament, so much to the dissatisfaction of the Colonies, [316] would be taken off in the ensuing session.’71

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The confident promise confirmed the loyalty of

the House, though by way of caution they adopted and put upon their journals the resolves of Virginia.72 Dec. The cardinal policy of New-York was the security and development of colonial liberty through an American Constitution, based upon a union of the Colonies in one general Congress. This purpose, it was believed, might be accomplished, without dissolving the connection with Great Britain. ‘They are jealous of the scheme in England,’ said William Smith; ‘yet they will find the spirit of Democracy so persevering, that they will be under the necessity of coming into it.’73 Under the pretext of framing common regulations of trade with the Indians, the Assembly of New-York at its present session, with the concurrence of its Lieutenant Governor,74 invited each Province to elect representatives to a body which should exercise legislative power for them all. It was a great step towards the American Union. Virginia, when she heard of the proposal, made choice of Patrick Henry and Richard Bland, to appear as her Representatives.75 But the cherished scheme was defeated for the time by the British Ministry, who saw in Union the certain forerunner of independence. [317]

A general tendency to conciliation prevailed.

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Since the merchants of Philadelphia chose to confine their agreement for non-importation to the repeal of Townshend's Act,76 the merchants of Boston for the sake of Union gave up their more extensive covenant, and reverted to their first stipulations.77 The dispute about the Billeting Act had ceased in New Jersey and Pennsylvania; the Legislature of New-York, pleased with the permission to issue colonial bills of credit,78 disregarded the appeal from MacDougall, “to the betrayed inhabitants of the city and Colony, and sanctioned a compromise by a majority of one.”

South Carolina79 was commercially the most closely connected with England. A Colony of planters, it numbered about forty-five thousand whites; of negroes more than eighty thousand. The annual exports from Charleston reached in value about two and a quarter millions of dollars, of which three fourths went directly or indirectly to England. Unhappily its laws restraining the importation of negroes had expired on the first of January, and their renewal was prohibited. In consequence, five thousand five hundred negroes, chiefly adults, for immediate service, were sent there within eleven months, and, were sold upon an average at near forty pounds sterling each, amounting in the aggregate to a million of dollars. But however closely the ties of interest [318] bound Carolina to England, the people were high-

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spirited; and notwithstanding the great inconvenience to their trade, they persevered in the strict observance of their association; looking with impatient anxiety for the desired repeal of the Act complained of.80

Thus all America confined its issue with Great Britain to the single question of the Act imposing a duty on tea. ‘Will not a repeal of all other duties satisfy the colonists?’81 asked one of the ministerial party of Franklin in London. And he frankly answered: ‘I think not; it is not the sum paid in the duty on tea, that is complained of as a burden, but the principle of the Act, expressed in the Preamble.’ The faithful advice was communicated to the Ministry; but what effect could it produce, where Hillsborough administered the Colonies with Bernard for his Counsellor?

Men felt that a crisis82 was near which would affect every part of the British empire. Hutchinson saw no prospect of establishing such a government as he desired, until free speech in the mother country should be restrained; and Otis, who was bowed to the ground with the sorrow of despair, had no hope for America, but ‘from some grand revolution in England.’83 The question was not a narrow colonial one respecting three pence a pound duty on tea; it involved the reality of representative Government, and its decision would show, whether the feudal monarchy of the [319] Middle Ages was to make way for authority resting

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on centralized power, or for government resting on the consent of the public reason. The colonists had friends in the friends of liberty in England. As the cause of the people was every where the same, South Carolina in December remitted to London ten thousand five hundred pounds currency, to the Society for supporting the Bill of Rights, that the liberties of Great Britain and America might alike be protected.84

Many of the patriots of Ireland85 saw that their hopes were bound up with those of the Colonies; and Bushe, the friend of Grattan, in imitation of Molineux, published ‘the case of Great Britain and America,’ with a vehement invective against Grenville. ‘Hate him,’ said he to Grattan; ‘I hope you hate him.’ And it was Grenville's speeches and Grenville's doctrine, ‘that roused Grattan to enter on his great career in Ireland.’86

The laboring people of England, also, in the manufacturing districts, especially in Birmingham, longed to enjoy the abundance and freedom of America, and the ships which refused to take English merchandise might have returned full freighted with skilful artisans.87 In the history of the English people, this year marks the establishment of Public Meetings,88 under the lead of Yorkshire. The principle of representation, trampled upon by a venal Parliament, was to be renovated by the influence of voluntary assemblies. [320]

The Press, too, came forward with unwonted

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boldness, as the interpreter of public opinion and a legitimate power in the state. ‘Can you conceive,’ wrote the anonymous Junius89 to the King, ‘that the people of this country will long submit to be governed by so flexible a House of Commons? The oppressed people of Ireland give you every day fresh marks of their resentment. The Colonies left their native land for freedom and found it in a desert. Looking forward to independence, they equally detest the pageantry of a King and the supercilious hypocrisy of a bishop.’

The meeting of Parliament in January, 1770,

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would decide, whether the British Empire was to escape dismemberment. Chatham recommended to the more liberal aristocracy90 that junction with the people, which, after sixty years, achieved the Reform of the British Constitution; but in that day it was opposed by the passionate impulses of Burke,91 and the inherent reluctance of the high-born.

The debate on the ninth turned on the capacity and rights of the people, and involved the complaints of America and of Ireland, not less than the discontent of England at the disfranchisement of Wilkes.

‘It is vain and idle to found the authority of this House upon the popular voice,’ said Charles Jenkinson, pleading for the absolute independence of Parliament. ‘The discontents that are held up as spectres,’ said Thomas de Grey, brother of the Attorney General, ‘are the senseless clamors of the thoughtless, [321] and the ignorant, the lowest of the rabble. The

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Westminster petition was obtained by a few despicable mechanics, headed by base-born people.’ ‘The privileges of the people of this country,’ interposed Serjeant Glynn, ‘do not depend upon birth and fortune; they hold their rights as Englishmen, and cannot be divested of them but by the subversion of the Constitution.’ ‘Were it not for petition-hunters and incendiaries,’ said Rigby, ‘the farmers of Yorkshire could not possibly take an interest in the Middlesex election of representatives in Parliament. But supposing that a majority of the freeholders had signed these petitions without influence and solicitation; the majority, even of this class, is no better than an ignorant multitude.’

Up rose the representative of the Yorkshire weavers and freeholders, ‘the spotless’ Sir George Saville. ‘The greatest evil,’ said he, ‘that can befall this nation, is the invasion of the people's rights by the authority of this House. I do not say that the majority have sold the rights of their constituents; but I do say, I have said, and I shall always say, that they have betrayed them. The people understand their own rights and know their own interests as well as we do; for a large paternal estate, a pension, and support in the treasury, are greater recommendations to a seat in this Assembly, than either the honesty of the heart or the clearness of the head.’

Gilmour invited censure on such unprecedented expressions. Conway excused them as uttered in heat. ‘I am not conscious,’ resumed Saville, ‘that I have spoken in heat; if I did, I have had time to pool, and I again say, as I said before, that [322] this House has betrayed the rights of its constitu-

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ents.’ ‘In times of less licentiousness,’ rejoined Gilmour, ‘members have been sent to the Tower for words of less offence.’ ‘The mean consideration of my own safety,’ continued Saville, ‘shall never be put in the balance against my duty to my constituents. I will own no superior but the laws; nor bend the knee to any but to Him who made me.’

The accusation which Saville brought against the House of Commons, was the gravest that could be presented; if false, was an outrage in comparison with which that of Wilkes was a trifle. But Lord North92 bore the reproach meekly and soothed the majority into quietude. The debate proceeded, and presently Barre spoke. ‘The people of England know, the people of Ireland know, and the American people feel, that the iron hand of ministerial despotism is lifted up against them; but it is not less formidable against the prince, than against the people.’—‘The trumpeters of sedition have produced the disaffection;’ replied Lord North, speaking at great length.

‘The drunken ragamuffins of a vociferous mob are exalted into equal importance with men of judgment, morals, and property. I can never acquiesce in the absurd opinion that all men are equal. The contest in America which at first might easily have been ended, is now for no less than sovereignty on one side, and independence on the other.’ The Ministry who were crushed in the argument, carried the House by a very large majority.

In the House of Lords, Chatham, whose voice had [323] not been heard for three years, proposed to consider

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the causes of the discontent which prevailed in so many parts of the British dominions. ‘I have not,’ said he, ‘altered my ideas with regard to the principles upon which America should be governed. I own I have a natural leaning towards that country; I cherish liberty wherever it is planted. America was settled upon ideas of liberty, and the vine has taken deep root and spread throughout the land. Long may it flourish.93 Call the combinations of the Americans dangerous; yet not unwarrantable. The discontent of two millions of people should be treated candidly; and its foundation removed.’ ‘Let us save,’ he continued, ‘this Constitution, dangerously invaded at home; and let us extend its benefits to the remotest corners of the empire. Let slavery exist nowhere among us; for whether it be in America, or in Ireland, or here at home, you will find it a disease which spreads by contact, and soon reaches from the extremity to the heart.’

Camden, whom Chatham's presence awed more than office attracted, awoke to his old friendship for America, and by implication accused his colleagues of conspiring against the liberties of the country.

Lord Mansfield, in his reply to Chatham, ‘which was a masterpiece of art and address,’94 declined giving an opinion on the legality of the proceedings [324] of the House of Commons in reference to the Middle-

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sex election, but contended, that whether they were right or wrong, the jurisdiction in the case belonged to them and from their decision there was no appeal. ‘I distrust,’ rejoined Chatham, ‘the refinements of learning, which fall to the share of so small a number of men. Providence has taken better care of our happiness, and given us in the simplicity of Common Sense a rule for our direction by which we shall never be misled.’ The words were revolutionary; Scotland, in unconscious harmony with Kant and the ablest minds in Germany, was renovating philosophy by the aid of Common Sense and Reason; Chatham transplanted the theory, so favorable to democracy, into the Halls of legislation. ‘Power without right,’ he continued, aiming his invective at the venal House of Commons, ‘is a thing hateful in itself and ever inclining to its fall. Tyranny is detestable in every shape; but in none so formidable, as when it is assumed and exercised by a number of tyrants.’

Though the House of Lords opposed him by a vote of more than two to one, the actual Ministry was shattered; and Chatham, feeble and emaciated as he was, sprang forward with the party of Rockingham, to beat down the tottering system, and raise on its ruins a Government more friendly to liberty.

But the King was the best politician among them all. Dismissing Camden, he sent an offer of the Chancellor's place to Charles Yorke, who was of the Rockingham connection. He had long coveted the high dignity beyond any thing on earth. Now that it was within his reach, he vacillated, wished delay, put the temptation aside; and formally announced his refusal, hoping a recurrence of the opportunity at a later day. [325] ‘If you will not comply,’ said the King, ‘it must

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make an eternal breach between us.’ Yorke gave way, was reproached by Hardwicke his brother, and by Rockingham; begged his brother's forgiveness, kissed him and parted friends; and then with a fatal sensibility to fame95 went home to die by his own hand. His appalling fate scattered dismay among the Ministry, and encouraged the opposition to put forth its utmost energies.

On the twenty-second of January, Rockingham, overcoming his nervous weakness, summoned resolution to make a long speech in the House of Lords. He turned his eyes, however, only towards the past, condemning the policy of George the Third, and defending the old system of English government, which restrained the royal prerogative by privilege. While the leader of the great Whig party cherished no hope of improvement from any change in the forms of the Constitution, the aged and enfeebled Chatham, once more the man of the people, rose to do service to succeeding generations. ‘Whoever,’ said he, ‘understands the theory of the English Constitution and will compare it with the fact, must see at once how widely they differ. We must reconcile them to each other, if we wish to save the liberties of this country. The Constitution intended that there should be a permanent relation between the constituent and representative body of the people. As the House of Commons is now formed, that relation is not preserved, it is destroyed;’ and he proceeded to open before the House of [326] Lords, as the mature result of his long reflection, a

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most cautious beginning of Parliamentary reform. The Reform of the English Parliament! How much must take place before that event can come about.

Shrinking from the storm, Grafton threw up his office. The King affected regret, but had foreseen and provided against the contingency, being at this moment equally tranquil and resolved.96 Conway hinted at trying Rockingham and his friends. ‘I know their disposition,’ said the King, ‘and I will not hear of them. As for Chatham, I will abdicate the crown sooner than consent to his requirements.’ Before the world knew of the impending change, he sent Weymouth and Gower, of the Bedford party, ‘to press Lord North in the most earnest manner to accept the office of First Lord Commissioner of the Treasury;’97 and he preceded their visit by a friendly autograph note of his own. Lord North did not hesitate; and the King exerted all his ability and his ten years experience to establish the Minister of his choice, teaching him how to flatter Conway,98 and “how to prevent desertion.”

On the last day of January, the new Prime Minister, amidst great excitement and the sanguine hopes of the opposition, appeared in the House of Commons. ‘The ship of state,’ said Barre, ‘tossed on a stormy sea, is scudding under a jury-mast, and hangs out signals for pilots from the other side.’ ‘The pilots [327] on board,’ answered North, ‘are very capable of

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conducting her into port.’ All agreed that he spoke admirably well; inspiring such confidence that he prevailed by a majority of forty. ‘A very handsome majority,’99 said the King; ‘a very favorable auspice on your taking the lead in administration. A little spirit will soon restore order in my service.’100 From that night, the new Tory Party held possession of the Cabinet. Its opponents were divided between those who looked back to privilege as their old harbor of refuge, and those who saw beyond the abasement of the aristocracy a desirable increase of popular power.

1 Bernard to Hillsborough, 29 April, 1769.

2 Hutchinson's History, III. 75.

3 John Adams in Novanglus.

4 The Argument still exists in manuscript, and assisted to deceive the Rockingham whigs as well as unsuspecting men in the Colony.

5 Letters in Letter Book to Bollan, 16 Feb. 1769. Boston Gazette, 4 March, 1776; 1085, 2, 8.

6 Hutchinson to Lyman.

7 Cooper to Gov. Pownall, 8 Sept. 1769.

8 Hutchinson to John Pownall, 25 July, 1769.

9 Hutchinson to Israel Mauduit.

10 In proof note the whole tenor of his correspondence with Bollan, whom he could not deceive; with Richard Jackson, whose good opinion he for a time won, and with Gov. Pownall and others.

11 T. Hutchinson to B Franklin, Boston, 29 July, 1769.

12 To go no further back than 1769; Hutchinson to T. Whately, 20 Jan. 1769; to R. Jackson, 18 August, 1769; to T. Whately, 24 August, 1769; to Maj. Gen. Mackay, 11 Sept. 1769; to Sir Francis Bernard, 6 Oct. 1769; to person not named, 17 October, 1769; to Sir Francis Bernard, 19 October, 1769; to the Earl of Hillsborough, 20 October, 1769; to T. Whately, 20 or 26 Oct. 1769. [Compare Grenville Papers, IV. 481.] To John Pownall, Secretary of the Board of Trade, a private channel for communicating with the Ministry, 23 Oct. 1769; to Israel Mauduit, 27 Oct. 1769; to John Pownall, for Hillsborough's eye, 14 Nov. 1769; to a person not named, 9 Jan. 1770. This is merely a beginning of references to letters of which I have authentic abstracts or copies, and which urge the extreme interposition of Parliament, against the province, or against individuals.

13 Hutchinson to R. Jackson, 14 June, 1768. ‘This annual election of the Council spoils the Constitution;’ to R. Jackson, 28 January, 1769, acting simultaneously with Bernard, and inclosing a list of persons to be appointed Mandamus Councillors. To John Pownall, 25 July, 1769, ‘I have lived in perfect harmony with Governor Bernard,’ which is an avowal of complicity. To Hillsborough, 9 Oct. 1770, compared with the letter to Sir Francis Bernard, 26 Dec. 1770; very strong and decided, as well as artful; and compare the letter to I. Mauduit, Dec. 1770. ‘Improvements in the Constitution.’ ‘It will be best that I should not be suspected by the people here of having suggested any alteration.’ And again to Sir F. Bernard, 23 January, 1771; ‘I wished for a delay, rather than to lay the design aside,’ &c. &c.

14 Besides earlier letters; see for example, Hutchinson to Secretary Pownall, 5 Dec. 1770; to Sir Francis Bernard, Jan. 1771; to Secretary Pownall, 24 Jan. 1771; to——, 5 June, 1771; to Secretary Pownall, July, 1773, &c. &c.

15 Hutchinson to——, 9 Jan. 1770; a mere hint for a close corporation for Boston. Again to Sec. Pownall, 21 March, 1770; to Hillsborough, 26 July, 1770; a hint, ‘If the town were a corporation as New-York;’ to Sec. Pownall, 20 Nov. 1770; ‘Endeavor that the letter to which you refer, hinting advantages from the constitution of the City of New-York, may not be laid before the House of Commons,’ &c. To Secretary Pownall, 3 April, 1771; ‘It must show to Parliament the necessity of such an alteration in the constitution of the town, as some time ago you gave me a hint of, and will be sufficient to render an act for that purpose unexceptionable.’ Again 18 April, 1771, to Sec. Pownall, and so on, till the Act of Parliament for the change. Hutchinson liked to make his correspondent seem to have originated the advice. So Feb. 1773, to Sec. Pownall, ‘In some way or other towns must be restrained.’

16 Hutchinson to Sir Francis Bernard, 12 April, 1770, a hint; to——, 22 October, 1770, open advice; and other letters.

17 Many letters.

18 Hutchinson to T. Whately, 24 August, 1769. To person unnamed, 8 Sept. 1769, and other letters—for example, to Sir F. Bernard, 20 Oct. 1770.

19 See the Affidavits taken by Hutchinson, in 1769, and compare Hutchinson to Sir F. Bernard, 20 Oct. 1770. ‘I wish you would read the story of the 30 colonies in the 27th and 29th books of Livy.’ This cunning way of hinting advice is characteristic. See Livy, XXVII. Sees. IX. x., and XXIX. Sec. XV. Compare other letters.

20 Hutchinson to Sir Francis Bernard, 20 October, 1770. ‘Exclude them from the fishery, and the like;’ ‘they cannot long subsist without trade.’

21 For example, Hutchinson to Sir Francis Bernard, 19 April, 1770. ‘If besides a penal Act of Parliament, something is not done, which I dare not trust to a letter,’ &c. &c. Same in other letters.

22 Hutchinson to Whately, 20 or 26 Oct. 1769.

23 Hutchinson to I. Mauduit, 27 Oct. 1769.

24 Hutchinson to J. Pownall, 27 July, 1770, and 26 Nov. 1773.

25 Andrew Oliver to Whately, New-York, 12 August, 1769. 1770.

26 Same to Hutchinson New-York, 7 August, 1769.

27 Dr. Cooper to Gov. Pownall, 1 January, 1770. Compare Hutchinson to Sir Francis Bernard, 18 Feb.

28 Hutchinson, New-Hutchison to Hillsborough, Boston, 8 Aug. 1769; Same to Sir Francis Bernard, 8 Aug. 1769.

29 Boston Gazette, 749, 2, 1, of 14 August, 1769.

30 Boston Gazette, 4 Sept. 1769; 752, 3, 1.

31 Hutchinson to Sir Francis Bernard, Boston, 8 August, 1769.

32 Boston Gazette, 21 August, 1769; 750, 1, 1 and 2.

33 J. Adams's Works, II. 219.

34 Gov. Wm. Franklin to Hillsborough, 27 September, 1769. Hillsborough to Gov. Franklin, December, 1769. Colden to Lord Hillsborough, 4 October, 1769. Hillsborough to Gage, 9 Dec. 1769.

35 Lieut. Gov. Bull to Gen. Gage, 24 August, 1769.

36 Bull to Sec. of State, 25 Sept. 1769, and Hillsborough to Bull, 30 Nov. 1769.

37 Choiseul to Du Chatelet, Versailles, 8 Sept. 1769.

38 Choiseul, 15 Sept. 1769.

39 Hugh Hammersley to Sharpe, 14 Sept. 1769.

40 Hugh Hammersley to Sharpe, 30 Nov. 1769.

41 Frances to the Due de Choiseul, London, 8 Sept. 1769.

42 Compare John Adams's Diary, Works, II. 219, 220.

43 See the Boston Gazette of 4 September, 1769, for publications by Otis.

44 From a letter of Hutchinson. Compare the Diary of John Adams, which shows that Otis was not so much hurt but that he was abroad the next day.

45 For an account of the fray see Boston Gazette, 11 Sept. 1769. Compare Tudor's Life of Otis, 362; John Robinson in Boston Gazette, 11 Sept. 1769; Otis in Boston Gazette, 18 Sept.; John Gridley's Affidavit, 13 Sept. 1769.

46 Dalrymple to Gage, 1 October, 1769.

47 New-York Gazette, No. 1398, 16 Oct. 1769. Dalrymple to Gage,

October, 1769. Votes at the Meeting of the Merchants, 4 Oct. 1769. Boston Gazette, 9 Oct. 1769; 757, 1, 1 and 2, and 3.

48 Hutchinson to Sir Francis Bernard, 19 Oct. 1769.

49 Dalrymple to Gage, 16 October, 1769.

50 Hutchinson to——, 17 Oct. 1769. Dalrymple to Gage, 22 October 1769.

51 Large fragments of his draft have been preserved and are in my possession. I believe no doubt is entertained of the authorship of the Appeal.

52 Appeal to the World by the people of the Town of Boston, 18 October, 1769; pp. 32, 33.

53 Hutchinson to Sir Francis Bernard, 19 Oct. 1769.

54 Hutchinson to Whately, 20 Oct. 1769; and see Whately to Grenville, 3 Dec. 1769; in Grenville Papers, IV. 486.

55 Hutchinson to John Pownall Secretary of the Board of Trade, at which Hillsborough presided, 23 Oct. 1769.

56 Same letter.

57 Hutchinson to Israel Mauduit, 27 Oct. 1769.

58 Hutchinson to William Palmer, 24 October, 1769. Compare Same to Same, 5 Oct. 1769.

59 Dalrymple to Gage, 28 October, 1769.

60 Hutchinson to Hillsborough, 31 Oct. 1769. Dalrymple to Gage, 29 October, 1769. Hutchinson to Sir Francis Bernard, 30 Oct. 1769.

61 Dalrymple to Gage, 6 November, 1769.

62 Dalrymple to Gage, 28 Oct. 1769.

63 The Bill of Indictment found against Parmely Molesworth in the Superior Court, in Nov. 1769. Original papers of S. Adams.

64 Paper by James Bowdoin.

65 Indictment found and Presented by the Grand Jury at Boston I have the originals of some of them.

66 Hutchinson's Hist. III. 263.

67 Samuel Adams to D. De Berdt, 6 Nov. 1769.

68 Tryon to Hillsborough, 22 Nov.

69 Burk's Virginia, III. 352.

70 Eden to Hillsborough, 23 Nov.

71 Journal of the General Assembly, 4; Speech of the Lieutenant Governor, 22 November, 1769. Compare Hillsborough to Colden, 18 January, 1770.

72 Colden to Hillsborough, 4 Dec. 1769, and 16 Dec. 1769.

73 Letter from William Smith, the historian of New-York, quoted in Hutchinson to Sir Francis Bernard, 18 February, 1770. Compare the narrative of William Smith Jr., in the Biographical Sketch of his father, prefixed to the New-York Historical Society's edition of Smith's History of New-York. See the Journals of the New-York Assembly for 30 Nov. 1769, pages 18 and 95, 98, 103, 105, &c. &c.

74 Colden to Hillsborough, 21 Feb. 1770, and Hillsborough to Colden, 14 April, 1770.

75 Henry and Bland to Golden, 1770.

76 Letter of Robert Morris, Charles Thompson, and Thomas Mifflin to the Merchants of London.

77 Cooper to Gov. Pownall, 1 Jan. 1770. Hutchinson to Hillsborough, P. S. 5 Dec. 1769.

78 Compare Colden to Hillsborough, 4 Oct. 1769; and Same to Same, 6 January, 1770.

79 Bull to Hillsborough, 6 Dec. 1769.

80 Bull to Hillsborough, 6 Dec. 261.

81 Strahan to Franklin, 21 Nov. 1769, and Franklin to Strahan, 29 Nov. 1769; in Franklin IV. 258, 261. Compare Franklin's Works, 1769. VII. 478.

82 Compare Israel Williams to Hutchinson, 20 Nov. 1769.

83 Compare Hutchinson to Sir Francis Bernard, 4 Oct. 1769.

84 Vote of the Assembly of South Carolina, 8 Dec. 1769. Letter of Manigault, Gadsden, &c. to Hanbery & Co. London, 9 December, 1769. Order in Council, 5 April, 1770; Hillsborough to Lieut. Gov. Bull, 12 June, 1770.

85 Gov. Pownall to S. Cooper, 25 Sept. 1769, and S. Cooper to Gov. Pownall, 1 Jan. 1770.

86 Grattan's Life of Grattan, i. 135, 136.

87 T. Pownall to S. Cooper, 25 Sept. 1769.

88 Albemarle's Rockingham, II. 93.

89 Junius to the King, 19 Dec. 1769.

90 Fitzwilliam to Rockingham, 1769; in Albemarle, II. 142. Chatham to Rockingham, Id. 193.

91 Burke in Albemarle, II. 195.

92 H. Walpole, III. 39.

93 W. S. Johnson's Report of Chatham's Speech, in his letter to Gov. Trumbull of Connecticut, 10 January, 1770; and in a letter to the Rev. Dr. W. S. Johnson, of the same date. The report of the American Debate on America is the safest guide. The American understood the figure of the vine to refer to liberty in America. Chatham never meant to say it had embraced whole nations.

94 W. S. Johnson's Report of the H. Walpole in Memoirs, III. 35.

95 Burke, i. 303.

96 In the King's letter to Lord North of the 23 January, the King writes, ‘My mind is more and more strengthened in the rightness of the measure.’ That implies previous consideration of the measure.

97 King to Lord North, 23 Jan. 1770.

98 King to Lord North, 29 Jan 1770.

99 King to Lord North, 3 February, 1770.

100 King to Lord North, 1 February, 1770.

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