Full text of "The history of England, from the accession to the decease of King George the Third"

THE

\ I '

HISTORY

ENGLAND,

FROM THE

ACCESSION TO THE DECEASE

KING GEORGE THE THIRD.

BY JOHN ADOLPHUS, ESQ.

VOL. II.

LONDON :

PRINTED FOR THE AUTHOR,
AND PUBLISHED BY JOHN LEE, 440, WEST STRAND.

MDCCCXLI.

05
A 2,6
\ $4-0

PRINTED BY A. E. MALLETT,
59, WARllOUR SfEET, SOHO, LONDON.

SUBSCRIBERS.

HER MOST GRACIOUS MAJESTY THE QUEEN

HEE MAJESTY THE QUEEN DOWAGER

HER ROYAL HIGHNESS THE DUCHESS OF KENT

HIS MAJESTY THE KING OF HANOVER

HIS ROYAL HIGHNESS THE DUKE OF SUSSEX

HIS ROYAL HIGHNESS THE DUKE OF CAMBRIDGE

HER ROYAL HIGHNESS THE DOWAGER LANDGRAVINE OF HESSE

HOMBOURG

HER ROYAL HIGHNESS THE DUCHESS OF GLOUCESTER
HER ROYAL HIGHNESS THE PRINCESS AUGUSTA
HER ROYAL HIGHNESS THE PRINCESS SOPHIA.

The Royal Prussian Ministry

His Excellency the Baron Munchhausen,

His Excellency the Baron Bulow

His Grace the Archbishop of Canterbury

His Grace the Duke of Northumberland

His Grace the Duke of Marlborough

His Grace the Duke of Sutherland

His Grace the Duke of Buccleugh

His Grace the Duke of Portland

His Grace the' Duke of St. Albans

The Most Hon. the Marquis of Salisbury

The Most Hon. the Marquis of Exeter

The Most Hon. the Marquis of Camden

The Most Hon. the Marquis of Northampton

The Most Hon. the Marquis of Bute

The Most Hon. the Marquis of Nor manby

The Rt. Hon. the Earl of Derby

The Rt. Hon. the Earl of Hardwicke

The Rt. Hon. the Earl of Devon

The Rt. Hon. the Earl of Lonsdale

The Rt. Hon. the Earl of Fife

The Rt, Hon. the Earl of Eldon

The Rt. Hon. the Earl of Stamford and

Warrington

The Rt. Hon. the Earl of Jermyn, M.P.
The Rt. Hon. the Countess Dowager of

Pembroke

The Rt. Hon. Lord Viscount Sidmouth
The Rt. Hon. Lord Viscount Melbourne
The Rt. Hon. Lord Viscount Palmerston
The Rt. Rev. the Lord Bishop of Durham
The Rt. Rev. the Lord Bishop of Llandaff
The Rt. Rev. the Lord Bishop of Carlisle
The Rt, Rev. the Lord Bishop of Lincoln

The Rt. Rev. the late Lord Bishop of St.

David's

The Rt. Hon. Lord Kenyon
The Rt. Hon. Lord Rolle
The Rt, Hon. Lord Ellenborough
The Rt. Hon. Lord Arden
The Rt. Hon LordCarbery
The Rt. Hon. Lord Ashburton
The Rt. Hon. Lord Wynford
The Rt. Hon. Lord Lyndhurst
The Rt. Hon. Lord Tenterden
The Rt. Hon. Lord Bexley
The Rt, Hon. Lord Churchill
The Rt. Hon. Lord Skelmersdale
The Rt. Hon. Lord Chief Justice Denman
The Rt. Hon. Lord Langdale
The Rt. Hon. Lord Francis Egerton, M.P.
The Rt. Hon. Lord Granville Somerset
The Rt. Hon. Lord Chief Justice Tindal
The Rt. Hon. Mr. Justice Bosanquet
The Rt. Hon. Mr. Justice Coleridge
The Rt. Hon. Mr. Justice Erskine
The Hon. Mr. Baron Gurney
The Rt. Hon. Sir J. Littledale 2 Copies
The Rt. Hon. Mr. Baron Parke
The Hon. Mr. Baron Rolfe
The Hon. Mr. Justice Patteson
The Hon. Mr. Justice Vaughan
The Hon. Mr. Justice Wightman
The Rt. Hon. Sir William Garrow
Sir William Bolland
Sir John Richardson

The Hon. Charles Ewan Law, Q.C., M.P.
The Common Serjeant

SUBSCRIBERS.

Mr. Serjeant Arabin

Francis Const, Esq.

The Hon. Society of Lincoln's Inn

The Hon. Society of the Inner Temple

The Hon. Society of Gray's Inn

King's College, Aberdeen

Sir Jacob Adolphus, M.D.

John Leycester Adolphus, Esq.

A. Adolphus, Esq.

H. Alexander, Esq.

Rev. James S. M. Anderson, Brighton

Mrs. Bannister

Thomas M. Banister, Esq.

Lieutenant Colonel Barnewall

Richard Vaughan Barnewall, Esq.

George Bartley, Esq.

Messrs. Baily and Co.

John Barwise, Esq.

The Venerable Archdeacon Bayley

Mr. Bain

John Beardmore, Esq.

Rev. Frederic Beedon, Canon Residentiary

Bath and Wells.
Joseph Berens, Esq.
Mr. Benning
Capt. Seville
Rev. Dr. Bliss
Messrs. Bigg

William Henry Bodkin, Esq.
William Bodkin, Esq.
Sir Felix Booth, Bart.
Mr. James Bohn
Thomas Briggs, Esq.
Edward Bullock, Esq.
H. Harper Burchell, Esq.
Thomas Burgon, Esq.
Sir Francis Burdett, Bart., M.P.
John Palfrey Burrell, Esq.
Henry Bush, Esq.
Charles A. Calvert, Esq.
Sir John Campbell Attorney General
John Capel, Esq.

Sir Edmund Codrington Carrington, Bart.
Mr. Cawthorn
Mr. Serjeant Channell
Henry Child, Esq.
Andrew Clark, Esq.

Rev. L. Clarke

William Clarkson, Esq.

John Coles, Esq.

Edward Cooke, Esq.

Sir Astley Cooper, Bart.

Mr. Alderman Copeland, M.P.

Thomas Copeland, Esq.

Sir John Cowan, Bart.

Rev. George Coxe

Mr. Cochran

Creswell Creswell, Esq., Q.C., M.P.

Messrs. Crofts and Blenkarn

John Davison, Esq.

F. Darby, Esq.

Mr. Dallon

Major General Sir Charles Deacon, K.C.B.

Peregrine Dealtry, Esq.

J. Deane, Esq.

Samuel Dendy, Esq.

Messrs. Duncan and Malcolm

P. Dickson, Esq.

Thomas Flower Ellis, Esq.

Messrs. Ebers

James Bell Ewart, Esq.

William Evans, Esq.

Sir Charles Forbes, Bart. 5 Copies

John Forbes, Esq.

Capt. Charles Forbes

George Forbes, Esq.

James Stewart Forbes, Esq.

Miss Katharine Stewart Forbes

James W. Farrar, Esq.

Mrs. James Fenning

George Fenning, Esq.

W. Finch, M.D., F.L.S., Salisbury

Sir William Follett, Q.C., M.P.

John Frere, Esq.

Mr. Serjeant Gaselee

Mr. Alderman Gibbs

Thomas Coding, Esq.

James Coding, Esq.

Edward Goldsmid, Esq.

Mrs. Gould

Mrs. Greene

Francis Green, Esq., Stoke Newington

Mr. Groombridge

Rev. John Hampden Guruey

SUBSCRIBERS.

Russell Gurney, Esq.

Sidney Gurney, Esq.

Robert Blagden Hale, Esq., M.P.

Sir John Hall, K.C.H., Consul General to
the King of Hanover

Otho Hamilton, Esq.

Sir John Hanmer, Bart.

Messrs. Hamilton and Co.

William Harrison, Esq., Q.C.

John Hawkins, Esq.

Robert Hawthorn, Esq.

Messrs. Hayward and Moore

James Hay, Esq.

Messrs. Hatchard

"Mr. Hastings

Rev. Gilbert Heathcote

Bernard Hebeler, Esq., His Prussian Ma-
jesty's Consul General, K.R.E.

M. Frederick Hebeler, Esq., Dantzig

Andrew Henderson, Esq.

Gilbert Henderson, Esq.

The Hon. Sidney Herbert, M.P.

The Rt, Hon. Henry Hobhouse

William Hogan, Esq., New York

The Rev. J. H. Hogarth, D.D.

Messrs. Houlston and Hughes

Robert S. Holford, Esq

Henry Thomas Hope, Esq., M.P.

J. T. Hope, Esq.

William Hoskins, Esq.

Rev. Edward Arthur Illingworth

Sir Robert Harry Inglis, Bart., M.P.

Robert Ingham, Esq., M.P.

Edwin James, Esq.

Jervoise Clarke Jervoise, Esq.

Charles Jones, Esq.

The Junior United Service Club

Fitzroy Kelly, Esq., Q.C.. M.P.

Vicesimus Knox, Esq.
Joseph Lamb, Esq.
Rev. H. Law

Thomas Le Blanc, Esq.

Library of St. John's College, Oxford
George Long, Esq.
F. Lyne, Esq.
Messrs. Longman
Townshead Mainwariug, Esq.

James Malcolmson, Esq.
James H. Markland, Esq.
James Maynard, Esq.
Mrs. Medhurst
The Chevalier P. Midosi
Rev. Dr. Moberley
James Carrick Moore, Esq.
Mr. John Murray-
Miss Mure

Joseph Neeld, Esq., M.P.
Rev. Dr. Nott
Mr. Nutt

Sir William Owen, Bart.
Mr. Ogle, Glasgow
Arthur Palmer, Esq.
B. Pearkes, Esq.
Miss Penny
Rev. Dr. Penrose
Thomas Joshua Platt, Esq., Q.C.
T. P. Platt, Esq.
Rev. Joseph Prendergast
Michael Prendergast, Esq.
The Rev. the President of St John's Col-
lege, Oxford
The Rev. the Principal of Magdalen Hall,

Oxford

Robert Prickett, Esq. 2 Copies
The Rev. the Provost of Oriel College, Oxford
Rev. James Randall.
"George Raymond, Esq.
Sir John Rae Reid, Bart., M.P.

Mr. Renshaw
Rev. Edward Rice

Messrs. Rivingtons

Frederick G. Richardson, Esq.

George Robert Ricketts, Esq.

Mr. John Richardson

Rev. Sir Henry Rivers, Bart.

Mr. Rodwell

W. Rothery, Esq.

Sir George Rose

Henry Rowles, Esq.

Clement Ruding, Esq.

Mr. Ridgway

David Salomons, Esq.

Mr. Saunders

William Henry Savage, Esq.

SUBSCRIBERS.

Count Seckendorff, Prussian Charge

d'affaires to the Court of Brussels
William Selwyn, Esq., Q.C.
Mr. Setchel
Sir James Shaw, Bart.
Robert Shepard, Esq.
Messrs. Sherwood

The Right Hon. Sir Samuel Shepherd
Messrs. Simpkin and Marshall
Jonathan Thomas Sleap, Esq.
Sir Robert Smirke
Mr. Serjeant Spankie
John Stewart, Esq.
H. Stone, Esq.

Robert Marshall Straight, Esq.
Mr. Serjeant Talfourd, M.P.
Thomas Temple, Esq.
William Theobald, Esq.
Frederick Thesiger, Esq., Q.C., M.P.
William Matthew Thiselton, Esq.
George Alexander Thompson, Esq
G. Powney Thompson, Esq.
Henry Augustus Thompson, Esq
Thomas Tomkison, Esq.
Benjamin Travers, Esq.
George Truwhitt, Esq.

Miss Tuckett \

Rev. James Endell Tyler

Samuel Warren, Esq.

Joseph Green Walford, Esq.

Nicholas Waller, Esq.

Mf. Walther

Lewis Walton, Esq.

Richard Brickdale Ward, Esq., Bristol

The Rev. the Warden of Merton College.

Oxford

Rev. William Watts
Mrs Weeks
Sir Charles Wetherell
Rev. Robert Wickham
James Winstanley, Esq.
Thomas Wight, Esq.
The very Rev. the Dean of Winchester
Rev. Dr. Williams
William Williams, Esq.
Sir Giffin Wilson
Messrs. Whittaker
Rev. T. Wintle
David William Wire, Esq.
Mr. Wix

Mr. Alderman Thomas Wood
Wadham Wyndham, Esq. M.P.

PREFACE

THE SECOND VOLUME.

I THINK it necessary to introduce this volume by a
words of observation. Its appearance has been
delayed much more than I could reasonably have ex-
pected ; but the cause has been a laborious research
in the State-paper Office, for materials to render the
work more correct.

An error in the first volume, p. 180, has been
pointed out to me : I have said that Mr. Pratt, Chief
Justice of the Common Pleas, was made a peer by the
title of Earl Camden ; he was created a Baron, and
did not attain the higher title till 1786.

While that volume was in the press, a pamphlet
on the subject of Falkland's Islands was published by
Mr. L. B. Mackinnon, describing them in 1 838 and 1839,
with a climate, possibilities of commercial and agricul-
tural advantages, and productions both vegetable and
animal, very different from those which, relying on
the best authorities, I had attributed to them. How
much the aspect of this territory may have been
changed in a period of seventy years is not worth much
inquiry ; but it is important to ascertain that, as we
did not enter into the contest with Spain without
abundant cause, we did not relinquish it without am-
ple satisfaction, and did not tarnish our honour by any
clandestine compact to renounce the territory for which
we had been contending.

Dr. Johnson was perfectly right in maintaining
that Falkland's Islands, as a possession, were not worth
the hazard and cost of a war ; but, as a point of honour,
a much less object would have been a justification.
Our honourable feelings were fully appeased by the

IV PREFACE.

cession of the territory and the disavowal of Buccarelli's
proceedings ; to have required his punishment in any
form, would have been a degrading display of vindic-
tiveness.

But the point most insisted on, is a secret covenant,
that the place should be evacuated by Great Britain,\vhen
her honour had been appeased by the surrender. This
fiction was promulgated by the influence of party at
the time of the dispute ; but its value may be ascer-
tained from a communication of Lord Rochford to Mr.
Harris (8th March 1771), after the final arrangement
had been made. " The Spanish ambassador," he says,
" has pressed to have some hopes given him of our agree-
" ing to a mutual abandoning of Falkland's Islands.
" I replied, that the restitution must precede every
" discourse relating to them. Grimaldi is much out
" of credit and out of temper about this affair : he is
" equally reproached for rashness in beginning, and
" pusillanimity in ending the contest."

As to the value of the territory. The Spaniards,
in their jealousy of every thing which might interfere
with their sovereignty over South America and mono-
poly of its commerce, fixed on it much more than its
just estimate. Representations were made to the
English government to encourage settlements and
commercial establishments ; but they were vague and
unimportant. The agricultural value of the islands
was never insisted on ; but, among other things, it was
surmised that a plant had been discovered, which
would be of great use to dyers, as a substitute for the
lichen called Orchil or Archil, used by them in pro-
ducing or fixing purple tints, and imported at great
expense from Cape Verd and the Canaries. This
intimation, disclosed in 1773, was declared not to be
new, and rejected as impracticable. Taking a just
view of the advantages to be derived from the posses-
sion, and the expense of maintaining it, government
found that a sloop of war, with one hundred and
twenty-five men, constantly stationed at Port Egmont,
although utterly insufficient to protect it from hostile
attack, would cause an annual expense of 10,120;

PREFACE.

while a force of fifty men, seamen and marines, quite
adequate to support the claim of right, , would cost
only 3,552 a year, and this course was therefore
preferred.

In proof that Falkland's Islands were never sup-
posed to have any intrinsic worth, it may be observed
that they never were the object of enterprize in war,
nor of discussion in any negotiation for peace.

In these observations, I endeavour only to shew
that the measures pursued by government in 1771 were
neither dishonourable nor unwise. If the facts stated
by Mr. Mackinnon are correct, it will remain to be
considered hereafter, how far the islands, hitherto
deemed barren and unprofitable, may be rendered
valuable and important as a settlement.

CONTENTS

THE SECOND VOLUME.

CHAPTER XXI.
17731774.

King's speech at the close of the session, 3. View of the war
between Russia and the Porte, ib. Commencement of hos-
tilities, ib. Destruction of the Turkish fleet, 4. Jealousy
of France, ib. Congress at Fokshiani, ib. Preparations of
France, ib. Augmentation of the British naval force, 5.
French minister eager for war, 6. The King averse, ib.
Preparations at Brest, ib. Conference of Lord Stormont
with the French minister, ib. Armament at Brest discon-
tinued, 7. New one at Toulon, ib. Preparations in En-
gland, ib. Second Conference of the British ambassador
with the French minister, 8. Memorial to the French
court, ib. French deterred from hostilities, 9. Prepara-
tions mutually suspended, ib. Conduct of Lord Stormont
highly approved, ib. Resolutions passed by the City of
London respecting the duration of Parliament, 9. Address
and remonstrance to the King, 10. Efforts to revive
Wilkes's popularity, ib. He moves an address, ib. which
is negatived, 11. Wilkes's aspersions on the Lord Mayor,
ib. State of Ireland, ib. Meeting of the Irish Parliament,
ib. House surrounded by a mob, 12. Addresses opposed,
ib. Protest, ib. Resignation of Mr. Ponsonby,ib. Efforts
of opposition, ib. Proceedings in the ensuing session, 13.
Addresses opposed, ib. Protest, ib. Strenuous exertions
of opposition, ib. Money Bill amended in England re-
jected in Ireland, 14. Alterations in the establishment of
revenue officers, ib. Hearts of Steel, 15. Loan negotiated,
16. Termination of the session, ib. Lord Townshend re-
called, ib. Lord Harcourt lord-lieutenant, ib. Affairs of
America, 17. Contest of Massachuset's Bay with Governor
Hutchinson, ib. Taxation of revenue officers, ib. Address

Vlll CONTENTS.

of the Assembly, 18. Remonstrance, ib. Assembly pro-
rogued, ib. Progress of opposition, 19. Influence in the
Assembly, 20. Dependent state of the Judges, 21.
Governors prohibited from receiving presents, ib. Pro-
ceedings of the Assembly, 22. Legislature removed back
to Boston, ib. Tumultuous state of that town, ib. Reve-
nue officers insulted, ib. Burning of the schooner Gaspee,
23. Report of the intention to fix the salaries of the Judges,
ib. Town meeting, ib. Message to the Governor, ib.
Corresponding Committees appointed, 24. Observations
on them, ib. The Committee frame a declaration of rights,
25. Address to the people, ib. Meeting of the legislature,
26. They deny the legislative authority of Parliament, ib.
Messages respecting the salaries of Judges, ib. Hutchin-
son assents to the act of the Assembly, 27. Further grants
voted which the Governor refuses to sanction, ib. Activity
of the Committees of Correspondence, 28. Publication of
the letters of Hutchinson and Bernard, ib. Their charac-
ters, 29. Proceedings of the Assembly, ib. Effect of the
act for exporting tea, 30. Proceedings at Boston, ib. Ar-
rival of a ship, 31. Body meeting, ib. Tea thrown into
the sea, 32. Proceedings in other provinces, ib. Impeach-
ment of the Chief Justice, ib. His letter, 33. Assembly
dissolved, ib. Massachuset's petition, ib. Account of
Hutchinson and Bernard's letters and manner of obtaining
them, 34. Their effect in America, 38. Duel between
Mr. Whately and Mr. Temple, 39. Dr. Franklin's letter,
ib. Proceedings in the Privy Council, 40.- Mr. Wedder-
burne's speech, 42. Decision of the Privy Council, 45.-
Observations, 46. Bill filed in Chancery against Franklin,
47. Examination of his conduct and motives, 48.

CHAPTER XXII.
1774.

Meeting of Parliament, 51. King's speech, ib. Peace esta-
blishment, 52. Woodfall and Home brought before the
House of Commons, ib. and discharged, 54. Mr. Fox
complains of a libel, ib. Prosecution of it ordered, 56.
Grenville Act made perpetual, 56. Alderman Sawbridge's
annual motion, 57. American papers laid before Parlia-
ment, 58. King's message, ib. Bill for shutting Boston
port, 59. Opposed by Mr. Dowdeswell, 60. Petition of
Americans in London, ib. Amendment moved, 61. re-
jected, 62. Opposition on the third reading, ib. Oppo-

CONTENTS. IX

sition in the House of Lords, 65. Bill passed, 66. Bill
for regulating the government of Massachuset's Bay, ib.
Lord North's speech, ib. Lord George Germaine's sug-
gestion, 68. Debates on the bill, ib. Debate on the third
reading, 72. Opposition in the House of Lords, 76.
Protest, ib. Bill for impartial administration of justice, 77.
Committee, 82. In the House of Lords, ib. Protest, 83.
Second petition of the Americans in London, 83. Motion
for the repeal of the duty on tea, 85. Burke's celebrated
speech, 86. Observations, 89.- Motion rejected, ib. 'Lord
Chatham's speech on American affairs, ib. Bill for the
government of Canada, 91. View of the bill, 92. Bill
brought into the House of Lords, 94. Opposition, ib.
Answer, 95. Petition of the Penn family, 96. Opposition
on the subject of religion, ib. Petition from the City, 97.
Opposition on the subject of law, ib. Petition of the Ca-
nada merchants in London, 98. Evidence, ib. Debates
in the Lords, ib. Petition to the King, 100. Other acts
of Parliament, ib. Debates on the budget, ib. Gold coin,
101. King's speech on concluding the session, ib.

CHAPTER XXIII.
17731774.

Disposition of the people of Massachuset's Bay, 102. Their
contumacious proceedings, 103. General Gage appointed
Governor, ib. Arrival and effect of the Boston port act,
104. Town meeting, ib. The cause of Boston espoused
by Virginia, 105. Assembly dissolved, 106. Annual Con-
gress recommended, ib. Proceedings in Philadelphia, ib.
and other colonies, ib. Proceedings of the Assembly of
Massachuset's Bay, 107. Effect of the conduct of other
colonies, ib. Address to the Governor, ib. Members ap-
pointed to Congress, 108. Committee appointed to frame
recommendations, ib. Dissolution of the Assembly, ib.
Town meeting at Boston, 109. Address of the merchants
of Salem to the Governor, 109. His answer, ib. Solemn
league and covenant, 1 10. Gage's proclamation, ib. Ef-
forts at conciliation, ib. Drafts of the other bills arrive,
111. their effect, ib. Arrival of troops, ib. Alarm on
placing a guard at Boston Neck, ib. New council formed,
112. Law business suspended, ib. Militia disarmed, 113.
Stores seized, ib. Public resentment, ib. Gage's exer-
tions, ib. Boston Neck fortified, ib. Outrages of the
people, ib. They arm, ib. Suffolk meeting, 114. Their

CONTENTS.

remonstrance to Gage, 1 15. His answer, ib. The Assem-
bly meet in defiance of the Governor, 116. Resolve them-
selves into a provincial Congress, ib. Their remonstrance,
ib. His answer, 117. Their further proceedings, ib.
Gage's proclamation against them, 117. Sitting of the ge-
neral Congress at Philadelphia, 118. Its formation, ib.
Mode of voting, ib. Secrecy in debate, 1 19.- -Terms of in-
structions, ib. The Congress approve the resolutions of the
Suffolk meeting, ib. Further recommendations, ib. De-
claration of rights, 120. Non-consumption association, 122.
Address to the people of Great Britain, ib. Address to the
colonies, 123. Address to the people of Quebec, 124.
Petition to the King, ib. Instructions to their agents, 126.
Dissolution, ib. Observations on their proceedings, ib.
Effects of the Congress, 130. Royal proclamation, 131.
Insurrection at Rhode Island, ib. and in New Hampshire,
ib.

CHAPTER XXIV.
1774.

View of government and opposition, 132. The Americans'
real aim, independency, 133. Effects of Corresponding
Committees, ib. Of the proceedings in Massachuset's Bay,
134. Of the acquisition of Canada, ib. Of the proceed-
ings of Congress, ib. Of the efforts of opposition, 135.
Of the acts of last session, ib. Of the debates on them, ib.
Error of considering the tax on tea the real cause of dis-
turbances, 137. First effects of the Boston port act, ib.
Publications in England, 138. Plan of union proposed by
Mr. Galloway, 141. Its fate, 142. Opinion of govern-
ment, ib. Irresolution of ministry, ib. Dissolution of
Parliament, ib. Tests proposed, 143. Characters of lead-
ing men, ib. Lord Mansfield, ib. Lord Sandwich, 145.
Lord Hillsborough, 147. Lord Gower, ib. Lord Dart-
mouth, ib. Lords in opposition, ib. Lord Chatham, ib.
The Marquis of Rockingham, 148. The Duke of Rich-
mond, ib. Lord Shelburne, 149. Lord Camden, ib.
The Dukes of Devonshire and Portland, ib. In the lower
House, ib. Mr. Rigby, ib. Sir Gilbert Elliott, ib. Sir
Grey Cooper, ib. Mr. Dundas, 150. Mr. Jenkinson, ib.
Mr. Thurlow, ib. Mr. Wedderburne, ib. Opposition, ib.
Serjeant Glynn, ib. Mr. Dunning, 151. Sir George Sa-
vile, ib. Colonel Barr6, ib. Mr. Burke, ib. Mr. Charles
Fox, 153.

CONTENTS. XI

CHAPTER XXV.
17741775.

Meeting of Parliament, 158. King's Speech, ib. Motion for
an address, ib. Amendment proposed, ib. Lords' protest,
ib. In the House of Commons, 159. Seamen reduced, ib.
Fresh intelligence received, 160. Attempts to make ar-
rangements through Dr. Franklin, ib. Papers laid before
Parliament, 162. Lord Chatham's motion for removal of
troops, ib. Supported, 168. Opposed, 169. Negatived,
1 70. --Lord Chatham brings in a bill, ib. Heads of the
intended Bill, 171. Debate, 172. Proposal of Lord Dart-
mouth, ib. Opposition of Lord Sandwich, ib. Opposition
of other Lords, 173. The Duke of Grafton, ib. Bill sup-
ported, ib. Personal altercation, 174. Intemperate speech
of Lord Chatham, ib. Reply of ministers, ib. Petitions
in favour of the Americans, 176. Petition of Dr. Franklin
and others, 177. Rejected, ib. Committee on the Ame-
rican papers, ib. Motion for an address, 178. Amend-
ment moved, ib. Motion to recommit the address, 179.
Irresolution of the minister, 180. Conference, ib. Debate
in the House of Lords, ib. Original motion carried, 183.
Protests, 184. Augmentation of forces, ib. New England
restraining bill, ib. Opposition, 185. Petitions, ib. Evi-
dence, ib. Debate on the third reading, ib. Opposition
in the House of Lords, 186. Amendment, 187. Confer-
ence, ib. Amendment withdrawn, ib. Protest, ib. Bill
for restraining other colonies, ib. Bounties to Ireland, 188.
Intimacy between Lord Chatham and Dr. Franklin, ib.
Further attempt at negotiation, 189. Lord North's Con-
ciliatory propositions, ib. His speech, ib. Debate, 190.
Governor Pownall supports the measure, ib. Speech of
Mr. Fox, 191. Mr. Jenkinson, 192. Motion for Chair-
man to leave the chair, ib. Embarrassment of the minister,
ib. Extricated by Sir Gilbert Elliott, ib. Resolution
agreed to, 194. Burke's motion, ib. His speech, 195.
Debate, 201. Propositions rejected, 202. Mr. Hartley's
plan, ib. Negatived, ib. New York remonstrance, 202.
Rejected, 203. -In the House of Lords, ib. Attempts to
repeal the Quebec act, 204. Proceedings of the Lords
respecting exclusion of strangers, ib. In the House of
Commons, ib. Alderman Sawbridge's motion, 205.
Speech of Mr. Wilkes, ib. Mr. Wilkes's motion on his
expulsion, ib. Other proceedings, 207 Prorogation, ib.

Xll CONTENTS.

CHAPTER XXVI.
177417751776.

State of Boston, 209. American force and character under-
valued, ib. Gage insufficiently reinforced, 210. -Conduct
of New York, 211. Effect of the King's speech, 212.-
Meeting of the Provincial Congress of Massachuset's Bay,
ib. Proceedings in other provinces, 213. Pennsylvania,
ib. Virginia Connecticut -Maryland, ib. Attempt to
seize cannon at Salem, ib. Expedition to Concord, 214.
Hostilities at Lexington, ib. Stores destroyed at Concord,
ib. The troops harassed in their return, 215. Observa-
tions and view of the contradictory statements, ib. Effects
of the event, 216. Boston blockaded by the Americans,
217. Gage permits families to quit Boston, ib. but after-
ward restrains them, 218. Exertions of the Provincial
Congress, ib. Conduct of other provinces, ib. New York,
219. Philadelphia, ib. Exportation of provisions pro-
hibited, ib. Conciliatory propositions referred to the As-
sembly of Pennsylvania, ib. and rejected, ib. Rejected
also in other provinces, 220.- Sitting of the General Con-
gress, ib. Their first measures, ib. Arrival of reinforce-
ments, 221. Gage's proclamation, 222. Americans fortify
Bunker's Hill, 223. Stormed by the English, ib. Bravery
of the troops, 224. Observations on the action, 225. Un-
important results, ib. Proceedings of Congress, 226.
PoAver exercised by Congress, ib. Georgia accedes, 227.
Washington appointed Commander-in-Chief, ib. His re-
ception in the camp, 229. Declaration of Congress, ib.
Inertness of the British army, 231. Address of Congress
to the legislature of Jamaica, 232. They reject the conci-
liatory propositions, ib. Expedition against Canada, 233.
Capture of Ticonderoga, ib. Crown Point Skenesbo-
rough and the sloop Enterprize, ib. Dissimulation of Con-
gress, 234. Their address to the people of Canada, ib.
Application of Arnold, ib. Exertions of General Carleton,
235. Representations of Congress, ib. Invasion of Ca-
nada, 236. St. John's, ib. Address to the people, ib.
Siege of St. John's, ib. Chamble'e captured, ib. St.
John's capitulates, ib. Ethan Allen taken prisoner, 237.
Montreal evacuated, ib. Expedition through the Wilder-
ness, ib. Maclean defends Quebec, 238. Arnold repulsed,
ib. Exertions of Carleton, ib. Judicious proceedings of
Montgomery, 239. Joins in besieging Quebec, ib. State
of the Americans, ib. Assault of the city, 240. Montgo-

CONTENTS. Xlll

mory killed, ib. Arnold wounded, 241. His division
taken prisoners, ib. Siege converted into a blockade, ib.
Eulogies of Montgomery, ib. Transactions in Virginia,
242. Contest of the people with the Governor, 243. Lord
North's propositions rejected, ib. Lord Dunmore retires
on board a man of war, 244. Assembly adjourned, ib.
Convention of delegates, ib. Lord Dunmore assaulted, ib.
He carries on a predatory war, ib. Proclaims martial law,
245. Emancipates slaves, ib. Effects of this measure, ib.
Royal standard erected at Norfolk, ib. Failure at the great
bridge, ib. Town of Norfolk burned, 246. Lord Dun-
more abandons the colony, ib. Project of Connelly, ib.
He is betrayed, and the enterprize frustrated, 247. North
Carolina, ib. The Governor driven away, ib. South
Carolina, ib. Ascendancy of Congress, 248. Gage re-
called, 249. Americans issue Letters of Marque, ib. Fal-
mouth destroyed, 250. General view, ib.

CHAPTER XXVII.
17751776.

Proceedings in the City of London, 252 Address to the
King, 253 His answer, ib. Message to the Lord Mayor,
254. Wilkes's answer, ib. Proceedings of the Common
Hall, ib. Remonstrance voted, ib. The King refuses to
receive it on the throne, ib. Further proceedings, ib.
Address of Congress to the people of Great Britain, 255
To the people of Ireland, ib. Proclamation against rebel-
lion, 256. Petition of Congress to the King, ib. Answer,
258. Effect of the answer, ib. Popularity of the measures
of government, 259. King's speech in Parliament, ib.
City petition, 261. Nova Scotia petition, ib. Address
proposed, 262. Amendment moved, ib. rejected, 263.
Protest, ib. House of Commons, ib. Defence of govern-
ment, 264. Debate on the employment of foreign troops
in garrisons, 265.- -Bill of indemnity, 266. Motion in the
House of Lords, 266. Bill rejected, 267. Sir James
Lowther's motion, ib. Bill for assembling the militia, ib.
Estimates, 269. Motion of the Duke of Grafton, ib. Ob-
jected to, 270. Dispute with America censured, ib.
Defended by Lord Mansfield, ib. Land Tax proposed,
273. Nova Scotia petition, 274. Debates on the petition
of Congress to the King, ib. Mr. Penn examined, 275.
The Duke of Richmond's motion, 276 Negatived, 278.
Burke's Conciliatory Bill, ib. Opposed by Governor

CONTENTS.

Pownall, 281. Hartley's propositions, 283. Rejected,
285. Bill for prohibiting commercial intercourse with
America, ib. Debated in the House of Lords, 288. Pro-
test, ib. Lord Mansfield, ib. Eecess, 290. Changes in
administration, ib. Lord George Germaine, Secretary of
State for America, 291. His character, ib. Other changes,
292. Despondency of administration, ib.

CHAPTER XXVIII.
17751776.

State of Ireland, 293. Effect of the American contest, ib.
Money bill rejected, 294. Contract respecting troops, ib.
Debated in the British Parliament, 295. On the treaties
with German Princes, 297. In the House of Lords, 300.
Debate on the army extraordinaries, 304. The Duke of
Grafton's conciliatory propositions, 305 lost, 310. Mr.
Hartley's proposition, ib. Sawbridge's motion, ib. Mr.
Fox's motion for a committee of inquiry, ib rejected, 311.
Miscellaneous transactions, 312. Wilkes's motion for a
reform of Parliament, 312. Trial of the Duchess of King-
ston, 312. Motion for inspection of the powers of commis-
sioners, ib. against prorogation, ib. King's speech, 313.
View of the conduct and politics of foreign powers, ib.
France, 314. Austria, 317. Prussia, 318. Negotiations
with Russia, 321. Application to Russia for troops, 326.
Intrigues of the King of Prussia, 329. State of the press
in England, 331. Dr. Price's publication, ib. Its effects,
332. Re-establishment of tranquillity in the city, ib.

CHAPTER XXIX.
177517761777.

America. Efforts of General Howe, 335. State of the Ame-
rican army, ib. Their wants, 336. Inactivity of the Bri-
tish army, ib. Prudence of Washington, 337. He takes
possession of Dorchester Heights, ib. Evacuation of Bos-
ton, 338. Severities of Washington, ib. Observations, ib.
Campaign in Canada, 339. Exertions of Congress, ib.
of Arnold, 340. Carleton makes a sally, ib. Blockade
of Quebec raised, 341. Carleton's humanity, ib. Action
at Trois Rivieres, ib. Americans evacuate Canada, 342.
Great exertions of both armies to prepare a fleet, ib. Close

CONTENTS, XV

of the campaign in Canada, 344. Pi'oceedings in North
Carolina, 345. Defeat of the loyalists, ib. Expedition to
Brunswick, ib. Unsuccessful attempt on Sullivan's Island,
348. Proceedings in Congress, 348. Efforts to obtain In-
dependence, ib. Publications, 349. Common sense, ib.
Mobs, ib. Influence used in Congress, ib. Recommenda-
tion to the colonies to new model their governments, 350.
Proceedings, ib. in Maryland, ib. in Philadelphia, ib.
Virginia, 351. Declaration of Rights, 352. Discussion
of the question of independency, ib. It is carried, ib.
Declaration of independency, 353. Effects of publishing
it, 355. Its reception by the people, 356 and army, ib.
Exultation of some members of Congress, ib. State of the
American army, ib. Prudent conduct of Washington, 357.
British plan of campaign, 358. Arrival of Lord Howe,
359. His letter to Franklin, 360. Attempt to negotiate
with Washington, ib. Circular letter, ib. Further efforts
to negotiate, 361. Dr. Franklin's answer, ib. Battle of
Brooklyn, 364. Retreat of the Americans to New York,
366. Renewed negotiation, 367. Committee of Congress
sent to confer with the British commissioners, 369. De-
claration of the commissioners, 371. Preparations for the
attack of New York, 372. Capture of the city, 373. It
is set on fire by American incendiaries, 374. Unsuccess-
ful efforts to bring Washington to action, 375. Battle of
White Plains, 376. Capture of Fort Washington, 377.
Successful invasion of New Jersey, 378. Disposition of
the British troops in winter quarters, ib. Expedition to
Rhode Island, ib. Proclamation by the Howes, 379 Cap-
ture of General Lee, ib. Exertions of Congress, 381.
Articles of confederation, ib. Other measures, ib. They
retire to Baltimore, 382. Miserable state of the army, ib.
Hessians stationed at Trenton, 385. Surprised by Wash-
ington, ib. Lord Cornwallis returns to the army, 387.
Washington surprises Princeton, ib. and recovers the
Jerseys, 389. Observations on the campaign, ib.

CHAPTER XXX.
17761777.

Meeting of Parliament, 392. King's speech, ib. Address
moved and amendment proposed, 393. Argument against
it, ib. Difference of opinion among the opposition, 396.
Lord Shelburne, ib. The Duke of Richmond, ib. Lord
Sandwich, ib. Amendment moved in the House of Com-

XVI CONTENTS.

mons, 397. Arguments in support of it, ib. Arguments
against it, 401. Debate on the proclamation at New York,
402. Partial secession of opposition, 405. Recess, 407.
Attempt to burn the royal arsenal, ib. Bill for suspending
the Habeas Corpus Act, 408. Lord North, ib. Mr. Dun-
ning, ib. Mr. Fox, 409. Mr. Thurlow, 410. Amended
in the committee, ib. Act for issuing letters of marque,
411. Lord Chatham's motion respecting America, ib. 're-
jected, 416. Debates on the navy, ib. Mr. Temple
Luttrell's motion for manning the navy, ib. Debates on
taxes and supplies, 417. King's message respecting the
arrears of the civil list, 418. Debates in the committee,
ib. Supply granted, ib. Debate and protest in the Lords,
423. Speech of Sir Fletcher Norton on presenting the bill
to the King, 424. He is thanked by the House, ib. De-
bate on the subject, ib. The Speaker's conduct more deci-
sively approved, 425. Close of the session, 426. King's
speech, ib. State of the public mind, ib. State and views
of foreign powers, 427. France, ib. Silas Deane's mis-
sion to France, 431. Money advanced by the French
government, 432. Dr. Franklin sent to France, 433.
Necker minister of Finance, 436. Conduct of other courts,
437. Choiseul, or war party, 438. Arrival and conduct
of the Emperor, 439. Efforts of the Americans to obtain
officers, 440. M. le Marquis De la Fayette, ib. Obser-
vations, 442.

CHAPTER XXXI.
17761777.

Extensive powers granted to Washington, 445. He recom-
mends an oath of allegiance, 446. His proclamation, ib.
State of his army, 447. Corps of loyal provincials raised,
ib. The Americans supplied with arms from France, 448.
Expeditions of the English, ib. To Peek's Kill, ib.
Danbury, ib. and other places, 449. American expedition
to Sagg's Harbour, 450. Difficulty of recruiting their army,
ib. Movement of Washington, 451. Motion of the British
army, ib. Howe makes a feigned retreat, 452. Action
near Quibbletown, ib. Howe evacuates the Jerseys, ib.
Capture of General Prescott, ib. The British army embarks
for the Delaware, 453. Landed at the head of Elk, ib.
Howe's Declaration, 454. Battle of Brandywine, ib.
Efforts of the Americans to defend Philadelphia, 456.
Surprize of General Wayne, ib. Capture of Philadelphia,
ib. Strong defence of the Delaware, 457. Billingsport

CONTENTS. XV11

taken, 458. Action at German Town, 459. Attack on Red
Bank, ib. Loss of the Augusta and Merlin, 460. The
enemy's forts at length taken, ib. Washington encamps at
White Marsh, ib. Huts his army at Valley Forge, 461.
Sir William Howe retires into winter quarters, ib. Cam-
paign of the Canadian army, 462. Observations on the
employment of Savages, ib. Burgoymrs preparations, 464.
He arrives at Crown Point, ib. War feast, ib. Proclama-
tion, ib. Fortifications of Crown Point and Ticonderoga,
465. They are captured, 466. Pursuit of the enemy, ib.
Action between General Fraser and Colonel Francis, ib.
Delays and difficulties of Burgoyne's army, 467. The
Americans recruit their army, 468. Proclamation by
Burgoyne and Schuyler, ib. Siege of Stanwix, 469.
Expedition to Bennington, 470. Defeat of Colonel Baum,
471 and Breyman, ib. Effects of these disasters, 472.
Gates commands the Americans, ib. Burgoyne crosses the
Hudson's river, ib. Advances to Saratoga, 473. Battle of
Still Water, ib. The Americans destroy the transports, 474.
Increasing difficulties of Burgoyne, ib. His attempt to ex-
tricate himself, ib. His lines attacked, ib. Changes his
position, 475. Falls back on Saratoga, ib. Calls a council of
war, ib. Arranges a convention, ib. Moderation of Gates,
476. Surrender of the British army, ib. Proceeding of
Clinton, 477. Expedition up the North river, ib. Takes
Forts Clinton and Montgomery, ib. The Americans burn
their fleet, 478. Various detached expeditions, ib.
Burning of Esopus, 479. Howe's orders, ib. Clinton's
intelligence from Burgoyne, ib.

CHAPTER XXXII.
17771778.

Meeting of Parliament, 482. Debate on the address in the
House of Lords, ib. Amendment moved by Lord Chatham,
483. Observations on the employment of savages in war,
490. Defended by Lord Suffolk, 491. Animated speech
of Lord Chatham, ib. Amendment rejected, 493. Debate
in the House of Commons, ib. Debate on the report of the
address, 494. Committee on the state of the nation ap-
pointed by the House of Lords, ib. Papers granted, ib.
Similar committee appointed by the House of Commons,
495. Papers refused, 497. Estimates, ib. Debate in the
House of Commons on the loss of Burgoyne's army, 498.
Debate in the House of Lords, 499. Lord Chatham's mo-
VOL. IT. b

XV111 CONTENTS.

tion on the employment of savages, 501. Negatived, 503.
Adjournment of the House of Commons, ib. In the House
of Lords, ib. State of the public mind, 504. Subscrip-
tions for raising regiments, 505. Subscriptions for the
American prisoners, ib. Conduct of France, 506. The
Emperor's visit to Paris, 507. Short war on the death of
the Elector of Bavaria, ib. Artifices of France, 508. De-
tected by the Emperor, ib. Debates on raising troops by
subscription, 509. Norfolk petition, 510. Wilkes's mo-
tion, 511. Lord Abingdon's motion, ib. Committee on
the state of the nation, 522. Fox's motion that no more
troops be sent out of the kingdom, ib. Similar motion in
the House of Lords, 514. Burke's motion on the employ-
ment of savages, 516 which is rejected, 519. Fox's se-
cond motion respecting the army, ib. Examination of evi-
dence in the House of Lords, 520. Resolutions moved by
the Duke of Richmond, ib. Motion by the Duke of Bolton
respecting the navy, 521. Lord North's plan of concilia-
tion, ib. Approved by Mr. Fox, 523. Opposed, 524.
Progress of the Bills through the House of Commons, 525.
Debates in the House of Lords, 527. Bills passed, 529.
Motions in the House of Commons, ib.

CHAPTER XXXIII.

1778.

Frequent allusions in Parliament to hostility on the part of
France, 532. Acts of the French Government, ib. Con-
duct respecting American prizes, 533. Efforts of Frank-
lin and Deane, ib. Duplicity of the French ministers,
534. Sagacity of Franklin, 536. Insincerity of De Ver-
gennes, ib. Treaty arranged, 537 but still denied, 538.
Observations in Parliament, 539. Attempt to engage Lord
Chatham in Administration, 540. Lord North gives notice
of an intended message from the King, 542. The message,
543. Motion for an address, 545. Address in the House
of Lords, 547. Debate on the navy, ib. Fox's motion in
the committee on the state of the nation, 548. The Duke
of Bolton's motion, ib. Lord Effingham's motion, ib. De-
bates in the House of Lords on contracts, 549. In the
House of Commons, ib. Bill for excluding contractors
from Parliament, 550. Motion for a tax on places, 551.
Propositions for relief of Ireland, ib. Opposition, 552.
Numerous petitions, ib. Small relief afforded, 554. Ad-
dress of the Roman Catholics, ib. Bill for their relief, 555.

CONTENTS. XIX

Opposed in the House of Lords, ib. Fox's motion rela-
tive to General Burgoyne, 557. Burgoyne's return to En-
gland, ib. His defence in the House of Commons, 558.
Altercation between Mr. Luttrell and Lord George Ger-
maine, 560. The Duke of Richmond's motion for with-
drawing the troops from America, ib. Sentiments of Lord
Chatham, 561. His appearance in the House of Lords, ib.
His speech, 562. The Duke of Richmond's reply, 563.
Lord Chatham's sudden illness, 565. and death, ib. Ho-
nours paid to his memory by the House of Commons, ib.
Annuity annexed to his title, 566. His debts paid by Par-
liament, ib. Proceedings of the House of Lords, ib.
Honours paid him by the Common Council of London, 568.
His funeral, ib. Debate resumed on the Duke of Rich-
mond's motion, ib. Adjournment of Parliament, and
King's speech, 569.

CHAPTER XXXIV.

1778.

Expeditions from Philadelphia, 571. State of the British
army, ib. American army, ib. The Conway cabal, ib.
Treachery of Congress toward Burgoyne's army, 574.
Drafts of the conciliatory bills sent to Congress, 575.
Their resolution, ib. Effects of this measure, 576. Ar-
rival of the French treaty, 577. Its effect, ib. La Fay-
ette's expedition to Barren Hill, 578. His imminent dan-
ger, ib. and escape, ib. Sir William Howe recalled, 579.
Superb festival, called Mischianza, ib. Arrival of the Com-
missioners, 580. Passport refused to their secretary, ib.
Terms proposed by them to Congress, ib. Debates, 581.
Answer, ib. Explanatory letter of the Commissioners, 582.
Publications by members of Congress, 583. Pretended
offers of bribes, ib. Resolutions respecting Governor
Johnstone, 584. Answer of the Commissioners, ib. Cor-
respondence about Burgoyne's army, 585. Manifesto of
the Commissioners, ib. Resolutions, 586. and counter
manifesto of Congress, ib. Evacuation of Philadelphia, ib.
Able retreat of Clinton, 587. Severities exercised against
the loyalists, ib. Slow inarch of the British army, 588.
Action at Monmouth court-house, ib. Embarkation of the
British army for New York, 589. Disgrace of General
Lee, ib. The Toulon squadron sails, 590. Pursued by a
British fleet, ib. The French arrive at the Chesapeak, 591.
Expedition against Rhode Island, ib. Partial engagement

XX CONTEXTS.

at sea, 592. The Americans repulsed at Rhode Island, ib.
Lord Howe resigns the fleet to Gambier, ib. Expedition
to Buzzard's Bay, ib. Surprise of Colonel Baylor, 593.
Attack on Egg Harbour, 594. Pulaski's legion cut to
pieces, ib. Expedition against Georgia, ib. Reduction of
Savannah, ib. and the remainder of the province, ib.
Destruction of Wyoming, 545. Disappointment of Byron,
596. D'Estaing sails to the West Indies, ib. Capture of
St. Pierre and Miquelon, ib. The French take Dominica,
ib. Attack on Sainte Lucie, 597. Ineffectual effort for its
relief, ib. It is captured by the English, ib. Indignation
of the Americans against D'Estaing, ib. His proclamation
to the Canadians, 598. Washington refuses to co-operate
in attacking Canada, ib. Hatred of the Americans toward
the French, ib.

APPENDIX I.

Precis of Letters relative to the interference of France between
Russia and the Porte, in 1773.

APPENDIX II.

Character of Frederick the Second, King of Prussia, by Sir
James Harris, afterward Earl of Malmsbury.

THE

HISTORY OF ENGLAND.

GEORGE THE THIRD.

CHAPTER THE TWENTY-FIRST.

17711774.

ERRATA IK VOL. II.

for" to the beginning of the following line.

IStormont with the French minister. Armament at Brest
discontinued. New one at Toulon. Preparations in Eng-
land. Second conference of the British ambassador with
the French minister. France deterred from hostilities.
Preparations mutually suspended. Peace between Russia
and the Porte. Transactions of the city of London.
Resolutions respecting the duration of Parliament. Ad-
dress and remonstrance to the King. Ineffectual efforts
to revive the popularity of Mr. Wilkes. He moves an
address to the King, which is negatived. Libels the lord
mayor. And is unsuccessful as candidate to succeed him.
State of Ireland. Meeting of Parliament. The house
surrounded by a mob. Opposition to, and protest against
the address. Resignation of Mr. Ponsonby. Proceedings
VOL. II. B

XX CONTEXTS.

APPENDIX I.

Precis of Letters relative to the interference of France between
Russia and the Porte, in 1773.

THE

HISTORY OF ENGLAND.

GEORGE THE TRIED.

CHAPTER THE TWENTY-FIRST.
17711774.

View of the war between Russia and the Porte. Com-
mencement of hostilities. Successes of Russia. Destruc-
tion of the Turkish fleet. Jealousy of France. Congress at
Fokshiani. Preparations of France. Augmentation of the
British naval force. French minister eager for war. The
King averse. Preparations at Brest. Conference of Lord
Stormont with the French minister. Armament at Brest
discontinued. New one at Toulon. Preparations in Eng-
land. Second conference of the British ambassador with
the French minister. France deterred from hostilities.
Preparations mutually suspended. Peace between Russia
and the Porte. Transactions of the city of London.
Resolutions respecting the duration of Parliament. Ad-
dress and remonstrance to the King. Ineffectual efforts
to revive the popularity of Mr. Wilkes. He moves an
address to the King, which is negatived. Libels the lord
mayor. And is unsuccessful as candidate to succeed him.
State of Ireland. Meeting of Parliament. The house
surrounded by a mob. Opposition to, and protest against
the address. Resignation of Mr. Ponsonby. Proceedings
VOL. II. B

HISTORY OF ENGLAND.

in the ensuing session. Addresses opposed. Amended
money bill rejected. Alterations in the establishment of
revenue officers. Hearts of Steel. Loan negotiated.
Prorogation of Parliament. Lord Townshend recalled.
Succeeded by Lord Harcourt. Affairs of America. Con-
test of the New England assembly with the governor.
Taxation of revenue officers. Address Remonstrance
and prorogation of the assembly. Progress of opposition.
Influence in the assembly. Perverse use of the press.
Dependent state of the judges. Governors prohibited from
receiving presents. Proceedings of the assembly. Legis-
lature removed back to Boston. Tumultuous state of that
town. Revenue officers insulted. The schooner Gaspee
burned. Report of the intention to fix the salaries of the
judges. Town meeting. Corresponding committees ap-
pointed. Observations on them. Declaration of rights.
Address to the people. Meeting of the legislature. They
deny the legislative authority of Parliament. Transactions
respecting the salaries of judges. The Governor assents to
the act but refuses to assent to a further grant. Activity of
the corresponding committees. Publication of letters from
Governors Hutchinson and Bernard. Proceedings of the
assembly. They petition the King to remove the governor
and lieutenant-governor. Effect of the publication in
America. Effect of the act for exporting tea duty-free.
Proceedings at Boston. Arrival of a ship. Body meeting.
Other ships arrive. Their cargoes thrown into the sea.
Proceedings in other provinces.- Impeachment of the chief
justice. His letter. Assembly dissolved. Proceedings in
England on the petition. Account of the letters, and
means used to obtain them. Duel between Mr. Whateley
and Mr. Temple. Petition heard before the Privy Coun-
cil. Speech of Mr. Wedderburne. Decision of the Privy
Council. Dr. Franklin dismissed from the Post-office.
Observations. Bill in Chancery filed against Dr. Franklin.
Examination of his conduct.

GEORGE 111.

IN his speech, at the close of the session of parlia-
ment, the King mentioned the affairs of the continent
in these terms : " the continuance of the war between
" Russia and the Porte, with both of whom I am
" closely connected in friendship, although under no
" engagement to either, gives me great concern. But,
" from the pacific disposition of other powers, I have
" reason to hope that these troubles will extend no
" further. I shall persevere in my earnest endeavours
" to preserve the general tranquillity of Europe; at
" the same time it shall be the constant object of my
" care to be sufficiently prepared against any event
" which may affect the honour, safety, or interest of
" my kingdoms."

Hostilities between these two powers, as already
has been mentioned*, commenced in 1769 : their
first spring may probably be found in the intriguing
genius of Choiseul, who fomented disturbances in
Poland, for the purpose of reserving to his cabinet
the power of interfering, when a favourable occasion
should present itself. By the exertions of the French
minister, a party was fostered, called the Confederation
of Bar, who, uniting religion with patriotism, main-
tained open rebellion against the authority of King
Stanislaus Augustus. They frequently solicited the
assistance of the Turks, but without effect, till, in
October 1768, Prince Galitzin, in pursuing a party of
Poles, not only entered the Turkish dominions, but
burned the small town of Balta.

Irritated by this violation of territory, and insti-
gated by the interested representations of France, the
Sultan imprisoned, in the seven towers, Osbrekow, the
Empress's minister, which occasioned the commence-
ment of a war, and drew forth the first display of the
mighty energies of the Russian empire. The contest
was conducted with great animosity, but generally
favourably to the Russians; they overran Wallachia
and Moldavia; and the Empress having adopted the
novel and bold measure of sending a fleet into the
Mediterranean, the Turkish marine was effectually

* Chap, xiv, t

CHAP.
XXI.

1st July,
1773.

King's
speech at the
close of the

Commence-
ment of hos-
tilities be-
tween Russia
and the
Porte.

HISTORY OF ENGLAND.

CHAP.
XXI.

Destruction
of the Turk-
ish fleet.
Jealousy of
France.

Congress at
Fokshiani.

Preparations
of France.
1770.

July 6th,

destroyed in the harbour of Chesme, on the coast of
Natolia.

France beheld these events with jealousy and
alarm : she had encouraged the commencement of
hostilities, in the hope of reducing the power of
Russia, and was proportionally irritated at finding
them tend to the aggrandizement of the Empress,
and disgrace of the Turks. The Russian naval power
was regarded with peculiar malevolence ; and the
French cabinet made several eiforts to assist the
Grand Sultan, which were always overawed by the
resolution. of the British ministry, and the formidable
state of the British fleet.

* In August, 1772, a pacificatory congress was in-
effectually held at Fokshiani ; and probably the French
influence was still exerted in preventing the Turks
from acceding to terms humiliating to them and
advantageous to their opponent

From an early period of the war, expectations were
formed that France would interfere, and rumours pre-
vailed of armaments preparing in her ports. M. de
Choiseul always professed a determined system of neu-
trality ; but still considerable maritime preparations
were made, particularly at Toulon, and all means
attempted to lull the suspicions or elude the vigilance
of the British ministry.

The cause of arming was said by Choiseul to be
nothing more than an intended expedition to Tunis.
This thin veil did not conceal the truth from the Bri-
tish ministry ; and, by their instruction, Mr. Walpole
observed that the armament at Toulon was extended
far beyond what was necessary for such a purpose, and
that sending two ships, as was proposed, into the
Archipelago, at the moment when the Russian and
Turkish fleets were expected to meet, was more likely
to retard than to promote the pacification of Europe.
Giving every credit to the French King and his mi-
nister for sincerity, it was obvious that, in these
narrow seas, when two hostile fleets were met, that of
a third power might be drawn in to take a part, con-
trary to the inclinations of its sovereign. Unforeseen

GEORGE III. O

circumstances, even a mere punctilio, might produce CHAP.
events which it was more prudent for nations, delicate
in the point of honour, to avoid than to incur. Mr. 1770.
Walpole was directed, after deprecating, in the King's
name, a measure which of necessity must give alarm,
to demand a final resolution on the subject. On his
mentioning, at a subsequent interview, that England July nth.
would send two or three frigates into the Archipelago,
the French minister gave reason to believe that his
project would be abandoned, observing that it was
useless, and might become dangerous.

This specious behaviour appears to have been only
a part of a deceptive system ; for Choiseul afterward
informed Mr. Walpole, that, before the countermand
could be communicated, the frigates had sailed ; which
was not so : but it soon became known that the Oct - 3rd -
French had accomplished their undertaking at Tunis,
and, consequently, that there was no longer a justi-
fiable pretext for armed vessels of theirs approaching
the scene of action. Toward the close of the year
Choiseul was removed from his post of prime minister, Dec -
with marks of disapprobation and disgrace, and w r as
succeeded by the Duke d'Aiguillon.

The King of England, bound by treaties with
both the contending powers, refused to permit the
undue interference of a foreign nation, or an arma-
ment, for the purpose of dictating a mode of pacifica-
tion. Early in the late session of parliament, measures l^f ec '
were adopted for putting the navy on a respectable Augmenta-
establishment ; twenty thousand men were voted for jj^lfeh naval
the service of the year ; and, although the delicacy of force.
the crisis forbade the ministry to disclose the real
motive of their preparations, it did not escape the
penetration of opposition, who observed, that while
the King's speech breathed sentiments of peace, the
measures of his servants indicated nothing but hos-
tility*.

The Duke d'Aiguillon, the successor of Choiseul,

* Parliamentary History, vol. xvii. p. 538; Debrett's Debates, vol. vi.
pp. 301 to 314 ; also respecting the war, OZuvres du Roi de Prusse, vol. iv. ;
Life of the Empress Catherine, vol. ii. c. v. vi. and vii. ; Eton's Survey of the
Turkish Empire, c. v.

HISTORY OF ENGLAND.

CHAP.
XXL

French mi-
nister eager
for war.
28th March,
1773.

The King
averse.

Preparations
at Brest.

30th Mar.
1773.

Conference
of Lord
Storm ont
with the
French mi-
nister.

a man of specious manners, but of an insincere and
intriguing character, was anxious to engage in the
contest, and essayed every art to make the British
court regard his proceedings with indifference. In a
council at Versailles, he announced a demand made
by Sweden for certain succours stipulated by France,
on the plea, that her independency was threatened by
a joint attack from Russia and Denmark : the King,
and many members of the cabinet, were averse from
hostility, as other great nations would also interfere,
and a general war would probably ensue : they pro-
posed a supply in money ; but d'Aiguillon, asserting
that Sweden insisted on an armed succour, said a fleet
of fourteen sail might be equipped in a month ; Eng-
land would not oppose, and Holland would assist in
the measure. Louis XV. was displeased at the pros-
pect of hostilities; but the members of the council
who had declared their sentiments did not venture
further to oppose the minister, and orders were dis-
patched to Brest for arming twelve ships of the line
and two frigates, manned with seven thousand sailors.
In an interview with Lord Stormont, the British
ambassador, d'Aiguillon dwelt on the ambitious views
of Russia, her demands on the Porte, and her aiming
to reign despotically in the north, by regulating the
government of Sweden, and making war on that
kingdom in concert with Denmark ; France, he said,
was bound, by every tie of interest and honour, to
support Sweden, if attacked. Lord Stormont answered,
much would depend on the mode to be adopted ; for,
although the King wished to avoid whatever could
disturb the harmony subsisting between the two courts ;
a French fleet in the Baltic would draw a British fleet
there also. The duke, dissatisfied at this intimation,
observed, that England backed every friendly pro-
fession with a declaration, insisting that France should
renounce her honour by abandoning an ancient ally
threatened with destruction ; a requisition with which
he could never comply. Lord Stormont replied, that
France might give other succours ; but the entry of
two fleets into the Baltic, would in effect be no more

GEORGE III.

beneficial than a neutrality : this declaration was care- CHAP.
fully qualified, by observing, he had never said the

British would attack the French fleet, but he could 1773.
not be responsible for contingencies arising from the
presence of two squadrons in the same sea. His lord-
ship made these observations with a perfect knowledge
that all the assertions of the French minister were
untrue, and all his professions deceptive. Sweden
had no desire to see foreign troops in the country
where a recent revolution, effected by the King against
the aristocracy, had implanted alarm and jealousy in
the minds of many ; but was anxious for a pecuniary
supply, which would have been beneficial to all.
They would have been glad to see a French fleet in
the Baltic to control and overawe that of Russia ; but
d'Aiguillon insisted that it should be used only to
convey the troops.

In his efforts for war, the French minister was
supported, of course, by the party who agreed with
him, and insidiously aided by some who envied and
wished to supplant him. They rejoiced in his dilemma.
" His honour is for ever lost," they said, " if he does
" not support Sweden; his power is lost if he does."
The vigorous language used by Lord Stormont pro- 4th April.
duced some effect ; the preparation at Brest was coun- Armament at
termanded : but still the French, hoping to elude the tinued.
vigilance of the British government, directed an arma-
ment of twelve or thirteen sail of the line to be New one at
equipped at Toulon, under pretence of exercising the !
sailors ; and the order for seven thousand men at Brest
was not retracted.

In announcing this information, Lord Stormont Preparations
suggested the propriety of vigorous and immediate inEn s lan
preparations, without secrecy or affected ostentation ;
great celerity, steadiness, and activity on our part,
might be the most efficient means of preserving the
public tranquillity, and prevent the French from be-
ginning that which, if once begun, they would, at all
events and every hazard, endeavour to carry through.
This prudent advice being consonant to the judgment ; t h April.
of the cabinet, the Ambassador was instructed to

HISTORY OF ENGLAND.

CHAP.
XXI.

1773.

6th April.
Second con-
ference of
the British
ambassador
with the
French mi-
nister.

7th April.

14th.

Memorial to
the French
court.

declare, that if France stirred an oar, England would
immediately bend her sails: and that no proposal
could be admissible, tending to lead Great Britain to
connive at France sending a fleet into the Baltic or
Mediterranean.

Before the receipt of these instructions, d'Aiguillon
avowed to Lord Stormont the intended armament at
Toulon, but declared it was only equipped for evolu-
tions. After much discussion, Lord Stormont ob-
served, that although he had not, in his former dis-
course, mentioned the Mediterranean, yet his arguments
respecting the Baltic applied with equal force to that
sea ; and asked the Duke if he seriously meant the
fleet for evolutions alone] D'Aiguillon replied, he
indeed intended it so, but it might possibly be em-
ployed in assisting Sweden, and angrily asked, What !
do you intend to shut us up within our own ports, and
to control us everywhere"? The sea, he added, was
free, and they would, if they pleased, send a fleet into
the Mediterranean ; we might send one also, and, if
it went only to perform evolutions, no harm would
ensue.

To all this vehemence, which denoted rather the
agitation of fear than the warmth of true courage,
Lord Stormont opposed calm firmness and undisturbed
magnanimity. " I am entrusted," he said, " with the
" representation of a great nation, too conscious of its
" strength to boast of it, too careful of its own dignity
" to bend before anything that carries with it the
" smallest appearance of menace or arrogance ; acting,
" not from feverish jealousy, but upon calm, steady
" principles of honour. In one word, were the con-
" sequence to be a thirty years' war, if you arm, we
" arm."

Convinced of the hostile disposition of the French
minister, and apprehensive he did not truly represent
to his Sovereign the sentiments of the British court,
Lord Stormont suggested the propriety of delivering
to him a memorial, which must be submitted to the
King ; he also announced, that the Toulon squadron
would be ready for sea by the end of May, and re-

GEORGE III.

commended an immediate armament as the best means
of preserving peace. In both particulars this advice
was promptly followed. 1773.

In the mean time, another council was held at 12th April.
Versailles, in which d'Aiguillon faithfully reported ^"d'from
the sentiments of the British minister ; and, in con- hostilities.
sequence of their unanimous determination, Lord Stor- 20th.
mont was soon informed that the Toulon squadron
was either disarmed or considerably reduced. In
making this communication, the duke negligently said,
orders had been issued to suspend the armament and
the sailors countermanded; two frigates only would
be sent to the Archipelago, and three ships of the line
to Brest : and in a short time the preparations on both Preparations

., ,. ,. -, ... mutually

sides were discontinued*. suspended.

Thus, by a timely exertion of resolution and 3Uth -
vigour, tempered with moderation, Great Britain not
only avoided the calamities of war, but effectually
served the cause of her ally, and facilitated the peace,
which was in the next year concluded between Russia
and the Porte f. Lord Stormont received, as he well
merited, the warm approbation of his Sovereign and mont highly
his ministers, who declared that his conduct did honour a PP roved -
to his country, and consequently to himself. To all
the artifices which had been employed, he had opposed
what he justly thought stronger weapons, sincerity,
firmness, and temper.

The progress of this affair occasioned no great
sensation in England. The faction in the city was
reduced by divisions to the lowest ebb. Its leaders 16th Feb -
attempted to interest the public by recurring to general
topics of legislation, and therefore, on the motion of
alderman Oliver, the court of aldermen resolved, Resolutions
" That a frequent appeal to the constituent part of the city of i^>n- e
" people, by short parliaments, was their undoubted dou * es P, ect ~
" right, and the only means by which a real repre- tioL of par-
" sentation could be enjoyed and maintained." A

* From private information ; letters and minutes taken on the occasion, and
documents in the State Paper office.

f The British fleet was, in June, assembled at Portsmouth : on the 22nd the
King went to view this grand national bulwark, and endeared himself to every
one by his affability and bounty.

HISTORY OF ENGLAND.

CHAP.
XXI.

1773.

Address and
remonstrance
to the King.

26th Mar.

Efforts to

revive

Wilkes's

popularity.

7th April.

20th.

Nov. 17th.

9th June.
He moves an
address ;

livery adopted the resolution, and proposed a test for
future city candidates, by which they should bind
themselves to use every endeavour in obtaining annual,
or at least triennial, parliaments.

They also agreed to a new address, petition, and
remonstrance, on the old subjects of the Middlesex
election, the imprisonment of the magistrates, and the
erasure of the record in Mr. Wilkes's case, and pray-
ing for a dissolution of parliament, and dismission of
the ministry. The King, when it was presented, said,
it was so void of foundation, and conceived in such
disrespectful terms, that he was convinced the peti-
tioners themselves did not seriously imagine it could
be complied with.

Many attempts were ineffectually made to revive
the popular enthusiasm for Wilkes. On a call of the
House, the sheriffs summoned him among the county
and city members, and omitted Mr. Luttrell; Mr.
Wilkes, also, in a letter to the speaker, renewed his
claim to a seat, and in the usual manner inveighed
against the return of his opponent : he applied at the
petty-bag office for a certificate of his election, which
was refused, as the first return of the writ had been
altered by the House. He transmitted his complaint
on the subject to Serjeant Glynn, who mentioned it in
parliament, and made an unsuccessful motion that
Mr. Wilkes should be permitted to substantiate his
charge. Sir George Savile availed himself of this
opportunity to renew his motion relative to the rights
of election ; it occasioned a debate, but was negatived *.
The city had soon an opportunity of shewing their
esteem for the learned Serjeant, by appointing him
their Recorder, when Sir James Eyre was made a
Baron of the Exchequer j\

Mr. Wilkes, who, in pursuing his favourite object
of wounding the feelings of the King, was never
restrained by delicacy or decorum, made a motion, in
a court of common-council, for an address, congratulat-

201 against 151.

f He was opposed by Mr. Bearcroft, and had a majority of one only ; the
numbers being 13 to 12.

GEORGE III.

ing His Majesty on the safe delivery of the Duchess
of Gloucester. This effort of mean and wanton inso-
lence was opposed, as an affront to the King ; and at
length negatived, because it was not usual for the city
to address, except for the issue of the immediate heir
to the crown.

Libels against the members of different juntos in
the city were now no less frequent than those against
the court and courtiers. Mr. Wilkes, in a public
paper, stigmatised the rule of the lord mayor (Towns-
hend) for violence, tyranny, neglect of public business,
contempt of order and decorum, and sordid parsimony.
He was called to account by the court of aldermen,
but, instead of denying, gloried in the charge, and
added partiality and cruelty to his former accusations.
He was afterward candidate for the mayoralty, but
without success ; alderman Bull was elected, and the
vote of thanks to the late magistrate was accompanied
by a motion of censure on his libeller, which was only
withdrawn on the intercession of Alderman Towns-
hend himself.

Discontent and turbulence still prevailed in Ire-
land. The sudden prorogation of parliament was not
forgiven, and those who felt the greatest resentment
were employed, in an interval of fourteen months, in
reinforcing their friends, and concerting new measures.
Lord Shannon and Mr. Ponsonby were, during the
recess, deprived of all their places, and the accession
of their strength and influence was anxiously expected
by the minority.

The lord-lieutenant met the legislature with a
conciliatory speech, informing them that the bounties
on exportation of linen were continued and extended ;
and that, with a very strict economy, the duties granted
in the last session would be sufficient for the expenses
of the year, and no supply required. He rejoiced in
the opportunity of co-operating with them for the
public welfare, and nattered himself that their mutual
endeavours would bring the session to a speedy and
happy conclusion.

On the ensuing day, when the address was to be

CHAP.

XXI.

1773.

which is ne-
gatived.

Wilkes's
aspersions on
the lord
mayor.

10th Sept.

17th Nov.

State of Ire-
land.

2Gth Feb.
1771.

Meeting of
parliament.

HISTORY OF ENGLAND.

CHAP.
XXI.

1771.

27th.

House sur-
rounded by a
mob.

Addresses
opposed.

Protest.

Resignation
of Mr. Pon-
sonby.
4th March,
1771.

Efforts of
opposition.

moved, a mob, armed with clubs and cutlasses, sur-
rounded the House, and attempted to compel several
members to take an oath of their dictating ; on their
refusal, many distinguished adherents of government
were insulted and maltreated; nor was the tumult
quelled without the assistance of the military.

The addresses were strenuously opposed in both
Houses; and a paragraph, thanking the King for
continuing Lord Townshend in the lord lieutenancy,
occasioned a strong protest, signed by fifteen peers,
and concluding in these terms : " Because moderation,
" firmness, consistency, a due distinctive regard to all
" ranks of persons, a regular system of administration,
" being, as we conceive, indispensably requisite to the
" support and dignity of government, and to the con-
" duct of His Majesty's affairs, we cannot, without
" violation of truth and justice, return thanks to the
" King for continuing a chief governor, who, in con-
" tempt of all forms of business and rules of decency
" heretofore respected by his predecessors, is actuated
" only by the most arbitrary caprice, to the detriment
" of His Majesty's interest, to the injury of this
" oppressed country, and to the unspeakable vexation
" of persons of every condition." When the address
had been voted, Mr. Ponsonby resigned the chair.
He declared, by letter, that his excellency having, at
the close of the last session, declared the House guilty
of a great crime, that of encroaching on His Majesty's
prerogative and authority; he considered the address,
which expressed approbation of his excellency, deroga-
tory to the dignity of the House : he was succeeded by
Mr. Pery. The business of the session was not im-
portant ; no question was permitted to pass without a
division; but it is observed, that the minority were
constantly gaining ground. Protests, signed by the
Duke of Leinster and fifteen other peers, were, on
every division in the Lords, placed on the journals*.

During the recess, the press teemed with publica-
tions on the state of Ireland, and the conduct of the

* Plovden, vol. ii. p. 406 ; also Memoirs of Grattan, vol. i. p. 101, et scqq.,
and particularly the character there given of Mr. Pery.

GEORGE III. 13

lord-lieutenant ; and opposition prepared to exert itself CHAP.
with increased vigour. At the opening of the ensuing

session, the viceroy, in his speech, observed that the 8th Oct.
revenue had fallen considerably short of its intended P r ceedin gs

,,., j ,-,%. . , m the ensuing

purposes, and attributed the deficiency, in a great session.
degree, to the premiums and bounties allowed by
parliament, and the expenses of public works.

The strength of opposition was again essayed in Addresses
both Houses, in combating the addresses : in the oppos
Lords, the minority, headed by the Duke of Leinster
and Lord Moira, insisted that the deficiencies com-
plained of did not arise from the causes assigned, but
from the late unconstitutional prorogation. Failing
in their attempt to negative the address *, all the peers Protest.
who composed the minority joined in a protest. 1771*'

In the House of Commons, several eminent orators
distinguished themselves in resisting the address : they
alleged the impropriety of concurring in it, at least
until accounts delivered to the House should enable
them to judge whether the deficiency in revenue was
truly attributed to patriotic exertions, or whether it
arose from the great number of places and pensions so
flagrantly distributed among the members composing
the court party, and the conduct of the lord-lieutenant
in proroguing parliament was severely arraigned. The
measures of government were defended with equal
ability, and the vote of the last session, thanking the
King for continuing Lord Townshend in his situation,
was adduced as a proof of the inconsistency of those
who were now so anxious to criminate him, and of
their desire to mislead the House. After a debate,
which lasted till half after three o'clock in the morning,
a proposed amendment was rejected f, and the address
carried J.

The opposition party were neither dispirited nor strenuous
disconcerted by this failure; they saw their import-
ance and numbers increase on every division, and per-
severed with all the ardour inspired by a view of
success. For four months the House never rose before
ten o'clock, and frequently sat several hours after

* It was carried by 25 to 1 1 . f 88 to 36. J 132 to 107.

HISTORY OF ENGLAND.

CHAP.
XXI.

1771.
5th Dec.

Money bill
amended in
England
rejected in
Ireland.
20th Dec.

1st Jan.
1772.

Alterations
respecting
revenue
officers.
Feb. 1772.

midnight : a new attack was, almost every day, made
on government. On a proposition for a new board
of accounts, after a protracted debate, the opposition
divided a minority of five only* ; but, in the rejection
of a money bill, obtained a complete triumph.

An act of the Irish parliament sent to England,
containing means of supply, and returned from the
privy-council altered in three material particulars, was,
after an animated debate, rejected without a division ;
but the House of Commons, to avert the calamities
which would result from a want of supplies, instantly
brought in a new bill containing all the grants of the
former, and even admitting two of the three amend-
ments which occasioned its rejection ; it was read three
times in the same sitting, and sent to the Lords : the
whole transaction did not occupy two hours. The
Speaker, in presenting the bill to the lord-lieutenant,
assured him of the inviolable attachment of the Com-
mons to the King, and their zeal for his service.

Another measure of government which gave great
offence was the increase of revenue officers, by putting
the customs and excise under separate boards: this
alteration created an additional annual expense of
sixteen thousand pounds ; but the difference was abun-
dantly repaid by the prevention of frauds. The party
in opposition alleged that a great part of the revenue
officers already appointed resided in England, and the
increase of the number tended merely to the augmen-
tation of patronage. A resolution passed the House
of Commons, expressing disapprobation of the measure
before it was known to have been adopted by the
King ; and when the appointment was announced, a
resolution was voted, declaring, that whoever advised
the increase of commissioners of the revenue beyond
seven, advised a measure contrary to the sense of the
House f. A bill was also brought in for limiting the
number of placemen to sit in parliament, but failed.

* 124 to 119.

t The division was equal, 106 on each side ; the Speaker gave a casting voice
in the affirmative. The resolution was a more nullity, as the King had created
the commissioners before the passing of the resolution alluded to, as containing
the sense of the House : but the motion, and the strength of opposition, show the
state of public opinion.

GEORGE III.

Meanwhile the north of Ireland, particularly the
counties of Antrim, Down, Armagh, Londonderry, and
Tyrone, was overrun by a turbulent and savage ban-
ditti, who, under the name of Hearts of Steel, perpe-
trated the greatest outrages and the blackest crimes :
they were in sufficient force to keep the whole country
in alarm, and were not quelled without the aid of the
military. They committed violences and outrages on
the property of those who were obnoxious to them, not
sparing even life, when revenge, apprehension, or in-
terest prompted the sacrifice. They were bound to
each other by oaths, and inspired terror throughout
the community. By the transmission of threatening
letters they obstructed the collection of taxes, and
their number and combination enabled them to hold
the law in defiance. One of their party, charged with
felony, being imprisoned at Belfast, thousands pro-
ceeded to the town, and when, for security, he was
lodged in the barrack, they prepared to attack the
military; but the horrors of a bloody day were averted
by the prudence of a gentleman of great influence,
who persuaded the military to liberate the prisoner.
Had he been detained, the result would probably have
been productive of no advantage to justice; for several
who were taken and tried at Carrickfergus were ac-
quitted ; it may have been for want of evidence, but
that is not very probable : in cases where the offences
are committed in the face of day, and in the presence
of multitudes, it is more likely to have arisen from
fear of incurring the resentment of the insurgents, or
from a partiality to their cause in the minds of the
witnesses or the juries.

These proceedings were recommended to the atten-
tion of Parliament by the Lord-Lieutenant, who, in
his speech at the opening of the session, denounced
them as destructive of commerce, and disgraceful to
liberty. An act was passed for the purpose of pre-
venting the effect of prejudice or terror in the dis-
turbed districts, enabling the Lord-Lieutenant, in such
cases, to issue a special commission to try the offenders

CHAP.

XXI.

1772.

Hearts of
Steel.

HISTORY OF ENGLAND.

CHAP.
XXI.

1772.

Loan nego-
tiated.

2nd June.
Termination
of the ses-
sion.

9th Oct.
Lord Towns-
hend re-
called.

28th Nov.
Lord Har-
court lord-
lieutenant.

in the county or the city of Dublin. This measure
did not produce the desired effect : the Dublin jury-
men probably felt that they must appear to have been
selected for the execution of purposes of vengeance,
and they acquitted all the prisoners who were brought
before them*.

The continual efforts of opposition, frequently
attended with success, and the frequent insurrections
in the country, not only impaired the energies of
government, but diminished its pecuniary credit. The
receipt of revenue was so much impeded, and the
expenditure so much overcharged in consequence of
popular motions, that an alarming deficiency, which
had been felt for many years, and was continually
increasing, was submitted to parliament. The House
of Commons proposed to assist government by a loan
of two millions ; but men of property were not easily
induced to advance the requisite sums on the slender
security of tax acts, passed for two years only, while,
by the efforts of opposition, the permanent revenue
was incumbered to the annual amount of fifty thousand
pounds, and while the turbulence of the populace was
in some measure sanctioned and instigated by repeated
attacks on the constitution.

At the close of the session, the Viceroy expressed
approbation of several acts, but complained of the
smallness of supplies, and suggested the impossibility
of their sufficing, unless a considerable increase in the
revenue was effected. The conclusion of this speech
had a valedictory appearance ; and before the next
meeting of the legislature he was recalled j*, and re-
placed by Lord Harcourt, who was received with great
joy by the Irish. Dissatisfaction was however gene-
rally prevalent, and exaggerated accounts were circu-
lated, tending to impress a belief of emigrations, to an

* Plowden, vol. ii. p. 412.

t Lord Townshend was not recalled under circumstances of disgrace : he
was immediately appointed master-general of the ordnance. The personal ran-
cour excited by his administration was so great, that he was obliged to fight
(2nd Feb. 1773) a duel with Lord Bellamont, who was dangerously wounded in
the body, but recovered.

GEORGE III. 17

enormous and dangerous amount, from all the towns
and manufacturing counties in the kingdom*.

The rising and widely-diffused spirit of dissatisfac- 1771.
tion and opposition, which had already occasioned so Affairs of

j. A. AmcriCci

much embarrassment in the government of America,
now assumed a more formidable aspect, and produced
those events by which the separation of the parent
state from its colonies was ultimately effected.

The general repeal of American duties was not
satisfactory ; from the exception of tea, it was plausibly
urged that, although Great Britain had been twice
foiled in attempts to raise a revenue, the intention
was not abandoned, but, the right being reserved, an
opportunity alone was wanting to carry it into execu-
tion. This insinuation was frequently adverted to in
periodical publications, for the purpose of exciting
discontent ; jealousy and alarm were thus kept alive ;
but although the majority of the people were not
propelled to action by mere theoretical statements and
surmised possibilities, cordiality was not restored :
tea from Great Britain was still a prohibited article,
and the inhabitants of the New England provinces
assiduously cherished the sentiments of disaffection.
They would not have been satisfied with a total
abolition of the claim to taxation ; but anxiously
awaited such concession from the mother-country as
would, in fact, render America independent.

The removal of the legislature from Boston to the Contest of
town of Cambridge, distant about four miles, afforded aers Bay "
room for strenuous complaints from the House of with cover-
Representatives to Mr. Hutchinson, Sir Francis Ber- S on.
nard's successor in the government. In answer to a aothMay.
message requiring its reinstatement in Boston, he said
he was unable to comply, unless authorized by the
King, but would solicit his permission, and hoped to
obtain it before another session.

Before the end of the existing session, however, Taxation of
he found it necessary to alter this conciliatory Ian- officers.
guage. The establishment of a board of customs, and

* For these circumstances, see the accounts preserved in the periodical pub-
lications.

VOL. II. C

HISTORY OF ENGLAND.

CHAP.
XXI.

1771.

4th July,

r.ih.

Rcmon-
strance.

Assembly
prorogued.

powers committed to its officers, formed a more
serious ground of complaint than any taxation im-
posed or attempted by Great Britain : and the legis-
lators of New England, unable to make the preven-
tion of smuggling a subject of invective, used every
little art and sinister chicane to oppress the persons
employed in protecting the revenue. During late
years, they had introduced a practice of assessing the
officers of the crown, residing among them, for the
profits derived from their commissions : the governor,
in consequence of representations on the subject, was
expressly instructed to withhold his consent from
such laws, on whatever pretence they might be
founded.

The legislature having passed an act, in the new
form, for " apportioning and assessing a tax of
1500," the governor, in mild terms, informed them
of his instructions, and stated that the general clause
in the bill, empowering assessors to tax all commis-
sions of profit, needed qualification, and should extend
only to commissions peculiarly relating to the pro-
vince ; otherwise, any of His Majesty's servants, occa-
sionally resident for a short term, might be taxed for
profits received from their commissions and places
in Great Britain, or any other part of the King's
dominions.

A strenuous debate ensued, and a copy of the in-
structions being communicated, the assembly unani-
mously voted an address, in which they termed the
governor's reason for refusing to sanction the bill sur-
prising and alarming. " We know of no commis-
" sioners of His Majesty's customs," they said, " nor
" of any revenue he has a right to establish in North
" America: we know, and we feel a tribute levied
" and extorted from those, who, if they have property,
" have a right to the absolute disposal of it."

A remonstrance was also agreed to on the go-
vernor's refusal to ratify the grant of certain sums of
money to Messrs. Bollan and De Bert, the colonial
agents. Governor Hutchinson checked the progress
of these debates, by proroguing the general court. In

GEORGE III. 19

his speech, he said, whatever might be the rights of CHAP.
the legislature in matters of taxation, the crown had

reserved to itself the prerogative of disallowing laws ; 1771.
and as the rejection of a tax act, after it was in part
executed, would cause great perplexity, the King's
instructions, pointing out those parts which he disap-
proved, aiforded an unexceptionable instance of ten-
derness and paternal regard. He promised also to
transmit his message, and their extraordinary answer,
to be laid before His Majesty.

The determined spirit of opposition shewn by the Progress of
assembly, and the system and perseverance with which pposl
it was prosecuted, indicated great strength of com-
bination, and firmness of arrangement. Every mea-
sure taken by the popular party since the commence-
ment of disputes between the mother-country and
colonies, tended to give vigour, and ensure success, to
their ulterior efforts. The government, when tranquil-
lity was apparently restored, rejoiced in the absence
of discontent, and banished all fear and jealousy ; the
opposition party, on the contrary, dreaded the abate-
ment of public effervescence, and excited suspicion
and apprehension by the revival of old topics of dis-
pute, and the suggestion of new ones, either existing
or probable. Effigies, paintings, and other imagery,
were exhibited to inflame the public mind; the
14th of August was annually celebrated as a festival
in commemoration of the destruction of a building,
the property of the lieutenant-governor, which was
demolished by a mob, on the supposition of its being
designed for a stamp-office, and of the owner's being
compelled to resign his office of stamp-master, under
the tree of liberty. The 5th of March, the anniver-
sary of the pretended massacre of Boston, was also
marked out for the periodical delivery of orations at
one of the meeting-houses; lists of imaginary griev-
ances were continually published; the people were
told that the ministry had formed a plan to enslave
them, and conjured, by the duty they owed to them-
selves, their country, and their God, by the reverence
due to the sacred memory of their ancestors, and by

c 2

20 HISTORY OF ENGLAND.

C xxf their affection for unborn millions, to rouse, and exert
" themselves in the common cause. They were further

1771. stimulated by pretences that the people of England
were depraved, the parliament venal, and the ministry
corrupt ; nor were attempts wanting to traduce Ma-
jesty itself*. The kingdom of Great Britain was
depicted as an ancient structure, once the admiration
of the world, now sliding from its base, and rushing
to its fall ; at the same time the natives were called
upon to mark their own rapid growth, and to behold
the certain evidence that America was on the eve of
independent empire. The dissenting ministers actively
inculcated the same sentiments from their pulpits, and
with religious solemnity, with forcible appeals to
Heaven, and with all the advantages derived from
habit, religious opinion, and popular predilection,
enforced the topics and principles which their audi-
ence had before read in newspapers. The friends of
government could not recur to the same, or even ordi-
nary means, in support of their cause, as the press was
entirely enslaved to the other party; printers were
threatened with ruin for publishing in their behalf,
and one was, for his perseverance, compelled to aban-
don the country.
inflncnce in Xhe legislature was entirely subjected to a com-

the assembly. ... /> >? ,. , .? ,

mittee ot the most active amongst the popular party,
who, in secret, framed the intended resolves, and
other violent measures. It was their policy to par-
ticularize the votes of every member, and, in the
ensuing gazette, to publish them with their names ;
exposing them to resentment and contempt by severe
strictures and invectives. Individuals, thus rendered
objects of detestation to their constituents, were
easily supplanted at a new election ; and although the
loss of a seat was not in itself of great importance,
yet, when the unsuccessful candidate became stigma-
tized as an enemy to his country, he was exposed to
insult, his professional pursuits were impeded, and the

* These opinions characterize many American publications ; and specimens,
which probably served as texts, may be seen in the Letters of Dr. Franklin,
Memoirs, vol. i. pp. 102, 169, et passim.

- GEORGE III. 21

welfare of himself and family rendered precarious. CHAP.
Under the influence, of these terrors, few members

could be found sufficiently hardy to oppose the popular 1772.
voice ; the apparent unanimity of the assembly encou-
raged factious proceedings out of doors ; and the pre-
vailing party in the legislature derived new courage
from the success of their adherents in the town*.

While such was the state of the legislative body, Dependent
no reliance could be placed on the due administration judges.
of justice, as the governor and the judges were de-
pendent for their salaries on the votes of the colonial
legislature, although their commissions were given by
the King, and to be held during his pleasure. The
salaries of the judges were inadequate to the dignity
of their stations, and disproportionate to those of other
officers of government : they had often petitioned for
an advance, but without effect, and their known de-
pendence diminished their authority. In their charges
to grand juries they in vain recommended the preven-
tion of riots and insurrections ; the jurors, who were
men of property, and invariably of the popular party,
refused attention to the instructions of persons whose
rank in society was rendered less respectable than it
ought to have been, by the want of a sufficient esta-
blishment; and libels on magistrates and governors
were repeatedly suffered to pass unnoticed, although
the proof was copious and flagrant. Party extended
its influence to the whole administration of justice ;
juries, even in cases of property, gave decisions biassed
by the political connexions of the suitors, and the
judges, restrained by a recollection of their own de-
pendence, could not reverse, by a declaration of the
law, these injurious proceedings (.

Sensible of the necessity of terminating this dis- Governors
graceful subjection, the ministry, in pursuance of an Eromie?
act of parliament, enjoined the governors of provinces giving pre-
to withhold their consent from any act for a gift or

* See Massachusetensis, a series of letters by Mr. Lonnard, a member of
the council of Massachusetts Bay ; Boston, printed ; London, reprinted for
Mathews in the Strand, 1776. Letter ii.

t Massachusetensis, Letter iii.

HISTORY OF ENGLAND.

CHAP.
XXI.

1772.

May.

Proceedings
of the as-
sembly.

13th June.
Legislature
removed
back to
Boston.

Tumultuous
state of that
town.

Revenue
officers in-
sulted.

present from the assembly or others to them, on pain
of recal.

The House of Representatives of Massachuset's
Bay, in a message to Mr. Hutchinson, required in-
formation, whether provision was made for him as
governor, in any other than the usual manner, by gifts
and grants from the general assembly t He answered,
that His Majesty, in pursuance of an act of parlia-
ment, had made certain and adequate provision for his
support in his station ; and he supposed he could not,
without special permission, accept of any grant from
the province for his ordinary services. On this an-
swer, they voted the governor's acceptance of support
not derived from the general assembly, a dangerous
innovation, which rendered him independent of the
people, and not such a governor as the people con-
sented to at the time of granting their charter ; and
most solemnly protested against the innovation, as a
change of the constitution, which exposed the pro-
vince to despotism.

Notwithstanding this contumacious proceeding,
the governor was disposed to conciliatory measures,
and, on the favourable report of the council, com-
plied with the wishes of the people, by adjourning
the session for a few days, and appointing their next
meeting at Boston. But, although the council cer-
tified, on their oaths, that the governor might, with
a proper regard to the King's instructions, remove
the general court to Boston, that town was still in a
most tumultuous state, and the spirit of insubordina-
tion unsubdued.

The establishment of a board of commissioners,
and the activity employed in the prevention of smug-
gling, occasioned great discontent.; and, after the
removal of the troops from Boston, the revenue
officers were exposed to constant insults : the of-
fenders were not restrained by the magistracy, and
openly encouraged by the wealthiest merchants.
Obnoxious persons were stripped, daubed with tar,
then covered with feathers, and in that state carried

GEORGE III. 23

through the streets, derided, struck, and scourged by CHAP.
the populace*.

The other New England provinces participated in 1772.
the same spirit : at the town of Providence, in Rhode Burning O f

T-iii . /. T -i , tne schooner

Island, a place notorious lor smuggling, a kings
schooner, called the Gaspee, was stationed ; the com-
mander of which, Lieutenant Doddingstone, was de-
tested for his vigilance and activity. At midnight,
the Gaspee was boarded by two hundred armed men
from boats, who, after wounding the commander, and
forcibly carrying him and the crew on shore, burned
the vessel. The perpetrators of this daring exploit
were never discovered, although a reward of five
hundred pounds was offered, together with a pardon,
if claimed by any of the accomplices f.

During a recess of the legislature of Massachusetts Report of the
Bay, it was rumoured, as the fact really was, that not ^'ulesaiaries
merely the governor, but the judges, were to be allowed of judges.
adequate salaries, payable out of the public revenues ;
the popular party represented this as a ministerial
plan, to render the judges dependent on the crown ;
and the press immediately teemed with new invec-
tives. Great Britain, it was said, having failed in the
attempt to dragoon the province into a slavish sub-
mission, was now aiming at the accomplishment of the
same end, by corrupting the source of justice.

The select men immediately appointed a town 25tL Oct.
meeting at Faneuil Hall, to inquire into the grounds i n g Wn
of the report. A message was transmitted to the Message to

A , .. .-, , * .. , T, the governor.

governor, stating the alarm excited among all con-
siderate persons, by the report of a measure tending
rapidly to complete the slavery, which originated in
a power assumed by the House of Commons of Great
Britain, to grant the money of the colonists without
their consent; and requesting information, whether
he had received advice on the subject ? Hutchinson
answered, it was not proper for him to lay before any
town meeting his official correspondence, or to acquaint
them whether he had or had not received advices

* Almou's Collection, vol. i. p. 249. f Stedman.

HISTORY OF ENGLAND.

CHAP.
XXI.

1772.

Correspond-
ing com-
mittees ap-
pointed.

Observations
on them.

relating to the public affairs of government. This
was deemed unsatisfactory, and a committee appointed
to request him to convene the assembly, which he
declined, assigning his reason. They then resolved to
petition the King for redress of grievances, and esta-
blished a committee to correspond with those of other
provinces.

The baleful effects of these committees had been
already experienced in the colonies: their establish-
ment in America is attributed to Franklin*, and is
termed " the foulest, subtilest, and most venomous
" serpent that ever issued from the eggs of sedition )."
The committees were generally chosen at town meet-
ings, and composed of the most fiery and uncontrollable
spirits of opposition ; they had an opportunity, under
the apparent sanction of their towns, of clandestinely

* The invention is far more ancient ; corresponding committees were esta-
blished among the republicans and sectaries in the time of Charles I. They may
have been revived in America at the suggestion of Franklin, but the origin of
their practical formation and arrangement is claimed for Virginia by Mr. Jeffer-
son. " Not thinking," he says, " our old and leading members up to the point
" of forwardness and zeal which the time required, Mr. Henry, Richard Henry
" Lee, Francis L. Lee, Mr. Carr, and myself, agreed to meet in the evening, in a
" private room of the Raleigh, to consult on the state of things. There may have
' been a member or two more whom I do not recollect. We were all sensible
' that the most urgent of all measures was that of coming to an understanding
' with all the other colonies, to consider the British claims as a common cause to
' all, and to produce a unity of action : and, for this purpose, that a committee
' of correspondence in each colony would be the best instrument for intercom-
' munication : and that the first measure would probably be, to propose a mcet-
' ing of deputies from every colony, at some central place, who should be
' charged with the direction of the measures which should be taken by all. Mr.
' Carr moved them ; they were agreed to nem. can., and a committee of corre-
' spondence appointed, of whom Peyton Randolph, the speaker, was chairman.
' The origination of these committees of correspondence between the colonies
' has been since claimed for Massachuset's, and Marshall has given in to this
' error ; the messengers of Massachuset's and Virginia crossed each other on
' the way, bearing similar propositions." Memoirs, vol. i. p. 4.

f An American writer, exulting in the effect already produced by these com-
mittees, and auguring the purposes to which they might be converted in other
countries, expresses himself in these terms : " If we recollect how many States
" have lost their liberties merely from want of communication with each other
" and union among themselves, we shall think that the committees of correspond-
" ence may be intended by Providence to accomplish great events. What the
" eloquence and talents of Demosthenes could not effect among the States of
" Greece, might have been effected by so simple a device. Castile, Arragon,
' Valencia, Majorca, &c. all complained of oppression under Charles the Fifth,
' flew out into transports of rage, and took arms against him ; but they never
' consulted or communicated with each other : they resisted separately, and
' were separately subdued. Had Don Juan Padilla, or his wife, been possessed
' of the genius to invent a committee of correspondence, perhaps the liberties
' of the Spanish nation might have remained to this hour." Almou's Remem-
brancer, vol. i. p. 33.

GEORGE 111. 25

wreaking revenge on obnoxious persons, by traducing
and representing them as enemies to the country;
many individuals of principle and property, while 1772.
travelling, found themselves insulted and reviled by
men whom they had never seen, and for whose male-
volence they were at a loss to divine a motive. Thus
was sedition propagated, and misrepresentation, both
of individuals and of public measures, rendered current
through all parts of this vast continent: by these
means did the same clamours arise in so many parts
of the colonies at the same moment, that to those who
supposed the proceeding spontaneous, it appeared
almost miraculous *.

From the committee at Boston originated a report, ?" d Nov -
, . . , , , . ,, . , r . ' The com-

containing a new declaration 01 rights, more extensive mittee frame

than any hitherto framed ; the authority of parliament
to legislate for the colonies, in any respect, was ex-
plicitly denied; the rights of the colonists, and the
violations of them, were enumerated ; the declaratory
act of 1766 was particularly complained of; by this,
they said, the British parliament assumed the power
of legislating for them without their consent, and,
under pretence of that authority, imposed taxes, and
appointed new officers to be resident among them,
unknown to their constitution, because unauthorized
by their charter. The British ministry, by framing
the new regulation for granting salaries to the judges
and crown officers out of this odious tribute, were
charged with designing to complete the system of
slavery commenced in the House of Commons.

This report being approved at an adjourned meet- Address to
ing of the inhabitants, six hundred copies were printed,
and dispersed through all the towns of the province,
with an address to the people,' exhorting them, in the
common cant used for purposes of faction, " By the
" regard they owed to the rising generation, not to
" doze, or sit supinely indifferent, on the brink of de-
" struction, while the iron hand of oppression was daily
" tearing the choicest fruits from the fair tree of liberty,
" planted by their worthy predecessors at the expense

* Masaachusetensis, Letter iv.

HISTORY OF ENGLAND.

CHAP.
XXI.

1773.
6th Jan.

Meeting of
the legisla-
lature.

They deny
the legisla-
tive autho-
rity of parlia-
ment

Messages re-
specting the
salaries of
judges.
23rd Jan.

3rd Feb.

" of their treasure, and abundantly watered by their
" blood*."

As these general speculations had been unsparingly
promulgated, and with some appearance of authorita-
tive sanction, Mr. Hutchinson thought proper, at the
opening of the general court, to afford the legislature
an opportunity of disavowing any concurrence in such
dangerous sentiments, and therefore took occasion to
insist on the supreme legislative authority of parlia-
ment. The assembly, however, were not disposed to
recede, as a body, from the pretensions which, as
individuals, they had laboured to maintain : in their
address they denied the competency of parliament,
not only to levy taxes, but to legislate for them in
any respect ; and they added, " If, in any late in-
stances, there had been a submission to acts of parlia-
" ment, it had been, in their opinion, rather from
" inconsideration, or reluctance to contend with the
" parent state, than from a conviction or acknowledge
" ment of the supreme legislative authority of parlia-

"mentst."

The grand popular topic was not long permitted
to remain quiescent : the house of representatives voted
salaries to the judges, as a compensation for their ser-
vices for one year, ending the first of January. The
governor delaying to sanction this vote, was requested
to make known his difficulty, and acquainted that the

* Stedman, vol. i. p. 82. Almon's Collection, &c.

t Such was the improper tendency of this address, that the assembly them-
selves thought proper, in a letter to the Earl of Dartmouth, secretary of state for
American affairs, dated 29th June, 1773, to retract and apologize for the expres-
sions they had used. Even this was not done without some chicane and hypocrisy;
they accused the governor of having unnecessarily brought the subject of parlia-
mentary authority under consideration, and that, by his speech at the opening of
the session, Mr. Hutchinson called on the two Houses in such a pressing man-
ner, as amounted to little short of a challenge to answer him. Into such a
dilemma were they brought by the speech, they say, that they were under a
necessity of giving such answers as they did, or having their conduct construed
into an acquiescence in the doctrines it contained, which would have been an
implicit acknowledgment that the province was in a state of subjection, differing
very little from slavery. The answers were the effect of necessity, and this
necessity occasioned great grief to the two Houses. " The people of this pro-
" vince, my Lord," they continued, " are true and faithful subjects of His Ma-
" jesty, and think themselves happy in their connexion with Great Britain."
Stedman and Almon. Dr. Franklin, too, states that, even among the friends of
the ministry here, the conduct of Governor Hutchinson, in alluding to former
disputes, was deemed indiscreet, although well meant. Memoirs, vol. ii. p. 180.

GEORGE III. 27

people were universally alarmed with the report of CHAP.

salaries being fixed to the offices of the justices by '_

order of the crown. His excellency avowed his in- 1773.
formation that the King had directed salaries; but 4thFeb -
had received no intelligence of warrants being issued
for payment; he had therefore delayed giving his
immediate assent to the grants, lest, when the warrants
from the crown should be transmitted, they might
include sums due for part of the time for which the
assembly had provided.

In consequence of this message, a deputation was i2th.
instructed to wait on the governor, and represent that
" no judge, who had a due regard to justice, or even
" to his own character, would choose to be placed
" under an undue bias, by becoming dependent on the
" crown for his salary." The measure was imputed to
the King's being misinformed respecting their con-
stitution, and the governor's reasons for delay were
treated with great disregard. " When we consider,"
they said, " the many attempts that have been made
" to render null and void those clauses in our charter
" upon which the freedom of our constitution depends,
" we should be lost to all public feeling, did we not
" manifest a just resentment. We are more and more
" convinced, that it has been the design of administra-
" tion totally to subvert the constitution, and introduce
" an arbitrary government in this province, and we
" cannot wonder that the apprehensions of this people
" are thoroughly awakened." In conclusion, they
expressed a hope that the judges would refuse to
accept of support in a manner so justly obnoxious to
the disinterested and judicious part of the community,
being repugnant to the charter, and utterly inconsistent
with their safety, rights, liberties, and of property.

Contrary to the expectations of the demagogues, Hutchinson
the governor at length gave Ms consent to the vote ; ^Tctonhe
but as the question would now remain at rest for a assembly.
longer period than suited their views, they adopted an grants^oted,
unprecedented measure for the purpose of instantly which the

. .. i .. ', . f .-, governor re-

reviving it, by voting similar grants tor the year ensu- f usea to sauc-
ing; but this resolution the governor refused to confirm, tiou -

HISTORY OF ENGLAND.

CHAP.
XXI.

1773.

Activity of
the commit-
tees of cor-
respondence.

Publication
of the letters
of Hutchin-
son and
Bernard.

alleging, that as there was no instance of an allowance
made to judges for services not actually performed,
and as those grants were prospective, and passed in so
short a time after the information he had given the
House, his assent would appear to counteract the
King's intentions.

The year 1773 produced abundant causes of dis-
content in New England ; the dispute respecting the
judges was never relinquished ; and the committees of
correspondence were actively employed in disseminat-
ing sedition. In consequence of the outrage com-
mitted on board the Gaspee, a court of inquiry was
instituted at Rhode Island, with powers, conformably
to a late act of parliament, to send the defendants to
England for trial. A sub-committee of correspond-
ence was formed by the people of Boston, to examine
by what authority the court of inquiry held its sittings ;
the assembly of Virginia, and several other legislative
bodies, adopted the corresponding system, and the
whole continent was thus prepared for the instanta-
neous reception of an uniform impulse.

The hatred of the people of Massachuset's Bay to
their governor and to the British government, received
at this time new force from a treacherous and un-
warrantable act committed by Dr. Franklin. His
appointment as agent, at a critical period, has already
been mentioned : his remaining in it was owing to the
influence of the opposition party in the assembly, who,
contrary to the practice and forms of the colonial
constitution, which required the concurrence of the
three branches of the legislature, continued him,
although the council had appointed another person
to officiate for them. Dr. Franklin's information was
highly prized by his adherents: his delineations of
the disposition of the King, the ministry, parliament,
and the nation, were deemed most authentic. He
advised the colonists to persevere in distressing go-
vernment by reiterated resolutions, and to cherish a
military spirit ; and assured his constituents, that, if
firm, they had Inothing to fear from the people of
England ; they were generally favourable to the Ame-

GEORGE III. 29

rican cause, and so was the King ; it was resisted only CHAP.
by a corrupt and unwise parliament. He assured

them too, that their part was warmly taken by the 1773.
Irish in general; that in France their dispute was
much attended to, and their pamphlets translated;
and, as the French language was generally spoken,
all Europe had thus become interested for the Ameri-
cans*. He suggested modes of resistance to govern-
ment, and the popular measures were generally in-
troduced to the IdLouse by letters from him. The
rancorous opposition which was displayed during the
governments of Bernard and Hutchinson, was attri-
buted to the misrepresentations of party agents. Sir
Francis Bernard was a man of acknowledged abilities, Their charac-
and undisputed integrity ; he came to the government
of Massachuset's Bay, recommended by the affections
of the people of New Jersey, over whom he had before
presided. Mr. Hutchinson's character in private life
was amiable and exemplary; his abilities, humanity,
and honour, were well known to the province, from
his conduct in various important departments, par-
ticularly that of chief justice ; and he was endowed
with a thorough knowledge of the interests, con-
nexions, and affairs of his government f . As a friend
to the constitution established by charter, both had
opposed the innovations of the republicans, and, in
confidential communications with persons in Great
Britain, expressed with freedom their sentiments
respecting the origin, continuance, and means of pre-
venting those disturbances which agitated the colony.

Dr. Franklin having obtained possession of some Proceedings
of these letters, transmitted them to the committee of
correspondence, by whom they were laid before the
house of representatives, where they gave birth to
most violent proceedings. A committee waited on
the governor, and, refusing to trust the letters from
their own custody, inquired whether he acknowledged
his signature. Having received an explicit avowal,

* Letters to Dr. Cooper, British Museum. February 17G9, to June 1770,
et passim.

t Massachusetensis, Letter iii.

HISTORY OF ENGLAND.

CHAP.
XXI.

1773.
June 29th.

Effect of the
act for ex-
porting tea.

Proceedings
at Boston.

the assembly prepared a petition and remonstrance to
the King, charging the governor with betraying his
trust and slandering the people, by giving private,
partial, and false information; he was declared an
enemy to the colony ; and they prayed for his removal,
and that of Mr. Oliver, the lieutenant-governor *.

While the spirit of opposition was at the utmost
height, intelligence was received of the act of the
British legislature, permitting the East India Com-
pany to export tea, free from duty, to all other parts
of the globe, while it was charged with a duty of
threepence per pound on its arrival in America j\
Since the non-importation agreements, the colonists
had been principally supplied with tea smuggled from
Holland ; as the duty taken off in England was one
shilling per pound, if the introduction was now per-
mitted, its cheapness would form an irresistible coun-
teraction to the non-importation covenants, and a duty
would be received by England from America, not-
withstanding all the efforts of opposition. The press
again poured forth a torrent of invective, and imputed
every sinister design to the mother-country ; the duty
on tea was represented as a prelude to various other
impositions, and the colonists were taught to expect a
window-tax, a hearth-tax, a land-tax, and a poll-tax,
as immediate and inevitable consequences.

Several of the provinces, influenced by these re-
presentations, compelled the consignees of tea to

* In a speech before the privy council, which will be noticed hereafter, Mr.
Weddcrburne gave the following animated and just account of this transaction:
' That Dr. Franklin sent these letters to such persons as he thought would, in
' some way or other, bring them into the assembly, may be true. And, accord-
' ingly, after an alarm of some dreadiul discovery, these letters were produced by
' one single person, pretending to be under an injunction to observe the strictest
' secrecy, and to suffer no copies to be taken of them. After allowing two or
' three days for fame to amplify, and for party malice to exaggerate ; and after
' having thereby raised a general prejudice against the governor; at length
' another member tells the assembly that he had received from an unknown
' hand a copy of the letters ; and wished to have that copy compared and authcn-
4 ticated with the originals. After this, when they had brought the council into
' their measures, they then found their powers enlarged ; and that they were at
' liberty to shew them to any one, provided they did not suffer them to go out of
' their hands ; and the King's Governor and Lieutenant-governor were per-
' mitted to look upon them only in this opprobrious manner, in order to render
' the indignity so much the more offensive."

t Macpherson's Annals of Commerce, vol. iii. p. 545.

GEORGE III. 31

renounce their agency, and entered into strenuous CHAP.
resolutions against purchasing or permitting it to be

landed. In Boston the same attempts were made; 1773.
but the consignees, instead of yielding to the com-
mands of the populace, implored protection of the
governor, who immediately convened the council, and
submitted the petition to their consideration. The
council declined giving advice; the mob surrounded lothNov.
the houses of the consignees, and, on their still refus-
ing to renounce their employ, broke their doors and
windows, and compelled them to take refuge in Castle
William ; the governor's proclamation for suppressing
this riot was contemned and derided, and the sheriff
insulted while attempting to read it.

The most violent opposition to the landing of tea Arrival of a
being now expected, the first ship which arrived was shlp *
detained below Castle William. An assembly of the Body-mcet-
people was convoked at the Old South meeting-house, ing-
called a Body-meting : this convention differed from a
town-meeting, by being open to all persons, without
inquiry as to qualification. It consisted of several
thousands, collected, not only in Boston, but from all
the circumjacent towns: the owner of the tea ship
was summoned before them, and required to bring his
vessel to the wharf; his compliance, as they knew,
compelled him to enter his cargo at the custom-house,
and he accordingly reported his tea, after which twenty
days were allowed to land it and pay the duty.

The body-meeting having thus succeeded in creat-
ing a difficulty, passed a resolution that the tea should
not be landed, nor the duty paid, but return in the
same bottoms in which it was brought. This was
placing the captain in an inextricable dilemma; for
as the ship had been compelled to come to the wharf,
and was entered at the custom-house, it could not be
cleared out without the previous payment of the duties,
nor could the governor grant a permit for the vessel
to pass Castle William, without a certificate from the
custom-house.

The body-meeting then appointed a military guard,
to watch the ship every night till further orders. The

HISTORY OF ENGLAND.

CHAP.
XXI.

1773.

Tea thrown
into the sea.

Proceedings
in other pro-
vinces.

Impeach-
ment of the
chiefjnstice.

consignees having been compelled to seek refuge from
the fury of the populace, and the council having de-
clined to interfere, the governor persevered in that
line which the law marked out as his duty : his in-
flexibility in this point was opposed by an equal
obstinacy on the part of the town's people, who re-
jected, with disdain, the offer of the consignees to land
the tea, and store it under the care of the select men,
or a committee of the town, till they could receive
further orders from England.

Two more ships were now arrived, when the mili-
tary guard was unexpectedly withdrawn, or the renewal
omitted. A numerous mob, in the disguise of Mohawk
Indians, suddenly sallied forth, boarded the ship, split
open the chests, and committed the cargoes of tea to
the waves. In this illegal transaction no wanton ex-
cess of violence was displayed, nor was any act of
cruelty committed. The operation was conducted with
as much order as if it had been perfectly legal; no
property, except the tea, was destroyed; nor was
personal injury inflicted on any but one man, who
having filled his pockets with stolen tea, was despoiled,
not only of his plunder but his apparel, and, by this
summary act of licentious justice, reduced to the ne-
cessity of seeking his home naked.

Measures were adopted in other provinces to pre-
vent the landing ; some ships were compelled to return
without coming to anchor, and several cargoes were
destroyed ; but in no other place was such a systematic
and overbearing spirit of opposition manifested as in
Boston *.

The assembly, animated with the popularity of
their late proceedings, omitted no opportunity of re-
newing personal contests with the governor. In the
last session they declared, that judges, who received
salaries from the crown instead of the people, would
no longer enjoy the public confidence and esteem, and
it would be the indispensable duty of the province to
impeach them before the governor and council. Not

* Stedman Massaclmsctensis, Letter iv. Letter from the Rev. Dr. Cooper,
to Dr. Franklin (17th Dec.), King George the Third's Papers, vol. cxc. fo. 14.

GEORGE III. 33

intimidated by these threats, the judges refused to CHAP.
accept more than half of the sums granted by the

house of representatives, who, in this session, put their 1774.
menace in execution, by voting articles of impeach- 24thF b -
ment against Peter Oliver, Esq. chief justice of the
superior court of judicature, charging him with a
design to subvert the constitution of the province, and
to introduce into the court over which he presided, a
partial, arbitrary and corrupt administration of justice,
in consequence of which he had declined receiving
grants of the general assembly, but accepted an annual
stipend from His Majesty's ministers.

In a letter addressed to the House, the magistrate His letter.
remonstrated, that, during the seventeen years he had
been in office, he was unconscious of any violation of
the laws in his judicial capacity; he had sustained,
'by privation of business, and the insufficiency of his
stipends, a loss exceeding three thousand pounds ster-
ling; he had not solicited a salary from the King; but
when it was offered, duty and gratitude to the best of
sovereigns induced him to accept the munificent dona-
tion. This appeal was insufficient to disarm the fury
of the assembly; the impeachment was voted by a
large majority*; but the governor, disclaiming any
authority to try and determine high crimes and mis-
demeanors, refused to receive it. The representatives
persevering in their attempt, and renewing the im-
peachment in another form, Hutchinson dissolved the 30tl1 Mar-
assembly. His speech was couched in terms of severe
reprehension : he said, " As some of your votes, re-
" solves, and other proceedings, which you have
" suffered to be made public, strike directly at the
" honour and authority of the King and parliament,
" I may not neglect bearing public testimony against
" them, and making use of the power vested in me by
" the constitution, to prevent your* further proceeding
" in the same way."

Before any measures were taken in parliament Massachuset's

* 92 to 8.
VOL. II. D

HISTORY OF ENGLAND.

CHAP.
XXI.

1774.

Account of
the letters,
and manner
of obtaining
them.

respecting the transactions in America, the petition of
the legislature of Massachusets, founded on certain
letters, was heard before the committee of the privy
council, to whom it had been referred by His Majesty.
It is necessary to enter into some details, so far as
very imperfect disclosures will permit, of the manner
in which these documents were obtained, and of pro-
ceedings on the petition which produced effects utterly
disproportioned to any expectation which could reason-
ably have been formed.

The letters were thirteen in number; six written
by Mr. Hutchinson, between the 18th of June 1768,
and the 26th of October 1769, long before he was
governor. Mr. Oliver's were four ; the first dated 7th
May 1767, the last the 12th of August 1769, within
which period he was not lieutenant-governor. The
remaining three were from different persons in 1768.
The letters of Mr. Hutchinson were those of a person
who perfectly understood the constitution of the coun-
try, viewing with alarm and apprehension the daily
inroads made on it, and desirous to protect it if pos-
sible. His counsels do not seem dictated by a spirit
of violence, nor were they imparted in terms of undue
warmth: they are the effusions of a thinking mind,
occupied in discussing public affairs of the first moment :
he did not pretend to disclose private or confidential
communications, but detailed free opinions relative to
the politics of government, and the means of securing
the dependence of the colonists, the termination of
which he clearly anticipated. As he wrote with the
utmost frankness, some expressions might be descanted
on to his disadvantage; but his letters contained no
information unfounded on fact, nor were his reasonings
recommended by any promises to unite a party, or to
assist in subverting the charter of the colony: he
merely pointed out such means as were in his opinion
calculated to counteract the daily infractions of the
constitution, which were made under pretence of
aspiring at English liberty, but were, in fact, most
frequently founded on appeals to the abstract and

GEORGE III. 35

antisocial rights of nature. The letters of Mr. Oliver*
were of the same character; but his counsels were
more specific; he recommended the removal of the 1774.
principal incendiaries, the estabHshment of a patrician
order, and several other measures ; but his advice was
no more than a confidential disclosure of his own
particular opinions, and not combined with any pro-
position for giving effect to measures which might
result from it.

There is nothing in these letters, as published, to
denote to whom they were written ; it afterward ap-
peared that it was to Thomas Whately, Esquire, a
member of parliament, and who had been private
secretary to Mr. George Grenville f ; nor would Dr.
Franklin at any time disclose from whom he obtained
them. Even his Memoirs and private memorandums
contain no information on the subject, although, during
the remainder of his days, his conduct was severely
and justly stigmatized. His own account of his pro-
ceedings, the only feeble guide afforded us toward the
truth, does not place his character in an honourable
light.

From this narrative it appears, that when the
concessions of the British government had nearly
reconciled the greater portion of the American pro-
vinces to the operations which had excited so much
discontent, and when the renewal of mercantile inter-
course induced a hope that the contention was finally
closed, the spirit of dissatisfaction was still kept alive
in Massachusets. " A personal animosity between
" Governor Barnard, Lieutenant-governor Hutchinson,
" and some distinguished patriots, contributed to per-
" petuate a flame of discontent in that province,
" although elsewhere it had visibly abated J." Enter-
taining strong opinions of the improper conduct of the

* The letters at large were published by Wilkie, in St. Paul's Church-yard,
and by others, in various foims ; and the reader may form a candid judgment
from a perusal of the whole ; a few phrases maliciously selected, and falsified by
typographical artifice, can only lead to misapprehensions and fallacious con-
clusions.

t Memoirs of Dr. Franklin, vol. i. Appendix 7, p. 11.

J Same vol. p. 189.

D 2

36 HISTORY OF ENGLAND.

CHAP. mother country toward the colonies, and that the
sending of troops to Boston was a national measure,

1774. since none here opposed it, Dr. Franklin sometimes
spoke of it in this light, and with some resentment,
until he was " assured by a gentleman of character
" and distinction, whom he was not permitted to name
" (even at a much later period of his life, when he
" was writing his Memoirs), that not only the measure
" he particularly censured so warmly, but all the other
" grievances he complained of, took their rise, not
" from the government in England, but were pro-
" jected, proposed to administration, solicited, and
" obtained by some of the most respectable among
" the Americans themselves, as necessary measures
" for the welfare of the country*."

To remove some doubts which he appeared to
entertain, and in the hope of convincing him, and,
through him, his countrymen, this unnamed gentleman
produced the letters which became the subject of so
much discussion. Dr. Franklin wished to convince
the people -of America that the source of their com-
plaints did not arise here, and felt it his duty to give
his constituents intelligence of such importance to
their affairs; but the gentleman would not permit
copies to be taken ; nor would copies have contained
proof of their own authenticity ; and as a mere report
of them as papers he had seen would have been still
less certain, he obtained the use of the originals, on
the express conditions that they should not be printed ;
that no copies should be taken of them; that they
should be shewn only to a few of the leading people
of the government, and that they should be carefully
returned. " I accepted those conditions," he says,
" and, under the same, transmitted the original letters
" to the committee of correspondence at Boston, with-
" out taking or reserving any copy of them for myself.
" I agreed the more willingly to the restraint, from an
" apprehension that a publication might, considering
*' the state of irritation in which the minds of the

* Same vol. p. 180.

GEORGE III. 37

" people there had long been kept, occasion some riot

" of mischievous consequence. I had no other scruple

" in sending them ; for as they had been handed about 1774.

" here to injure that people, why not use them for

" their advantage 1 The writers, too, had taken the

" same liberty with the letters of others, transmitting

" hither those of Rome and Auchmuty in confirmation

" of their own calumnies against the Americans;

" copies of some of mine, too, had been returned here

" by officers of government; why then should theirs

" be exempt from the same treatment^ To whom

" they had been directed here I could only conjecture ;

" for I was not informed, and there was no address

" upon them when I received them."

It is not easy to conceive the motive which could
lead Dr. Franklin to put upon paper this strange un-
satisfactory narrative. It could not have been to
justify himself in the eyes of his friends ; the matter
had fallen into disregard, and the success of his mea-
sures against this country had placed him above the
necessity of such a proceeding ; if it was to satisfy the
impartial portion of mankind of the correctness of his
conduct and the purity of his motives, the attempt
might with more advantage to himself have been re-
nounced. The art evidently shewn in concealing the
name of the person from whom he obtained the letters,
destroys all confidence in his statement. Had he
presumed to name any one, a direct contradiction
might, and probably would, have been given ; but as
they had avowedly been the property of a person who
was dead, it is not difficult to imagine that they were
surreptitiously taken from the place where they had
been deposited, and came to the hands of the doctor
in a manner far less creditable to him than that which
he has assigned. It is evident that the correspondence
must have consisted of many more letters ; that the
few which were published were malignantly selected,
and that, had all the others been communicated, a very
different impression might have been made. It is
most probable that the whole correspondence was
purloined from the papers of the gentleman deceased,

HISTORY OF ENGLAND.

CHAP.
XXI.

1774.

Their effect
in America.

and that, after the selection was made, the residue was
destroyed, so that the whole truth should never be
known. It seems like trifling with the understanding
of mankind to assert, with a hope of being believed,
that original papers, of which no copies were to be
made, should be transmitted beyond the Atlantic to
persons who made 110 promise to the original pos-
sessor, or who, if they did make a promise and violated
it, could not be called to any account. Nor can it be
believed that when Franklin sent those letters to a
committee composed, as he knew it was, of Mr. Han-
cock and other personal enemies of Hutchinson and
Oliver, and political foes to Great Britain, when " the
" whole committee of correspondence, five more who
" were named, and such others as the committee
" might think fit to shew them to," were to enjoy the
benefits of the communication, any promise was ex-
acted, or if, for form's sake he had required it, that a
man of his sagacity could have relied on it, especially
when persons unknown were to be among those who
were trusted*. .

In the state of mind which prevailed in America,
a temperate view of these letters could not be ex-

* That an injunction against taking copies accompanied these letters, will

appear from one of Dr. Franklin's to Dr. Cooper, 7th July, 1773 ; and it may

easily be seen how little he expected, or even desired, that it should be observed.

" You mention the surprise of gentlemen to whom those letters have been com-

" municated, at the restrictions with which they were accompanied, and which

" they suppose render them incapable of answering any important end. One

" great reason of forbidding their publication, was an apprehension that it might

" put all the possessors of such correspondence here upon their guard, and so pre-

" vent the obtaining more of it. And it was imagined that shewing the originals

" to so many as were named, and to a few such others as they might think fit,

" would be sufficient to establish the authenticity, and to spread through the pro-

" vince so just an estimation of the writers, as to strip them of all their deluded

" friends, and demolish effectually their interest and influence. The letters

" might be shewn even to some of the governor's and lieutenant-governor's par-

" tizans, and spoken of to every body ; for there was no restraint proposed to

' talking of them, but only to copying. However, the terms given with them

' could only be those with which they were received." And, after the publica-

ion had taken place, he writes to the Honourable Henry Gushing, chairman of

he committee of correspondence, 25th July, 1773, " I am favoured with yours of

' June 14th and 16th, containing some copies of the resolves of the committee

' upon the letters. I see, by your account of the transaction, that you could not

' well prevent what was done. As to the report of other copies being come from

' England, I know that could not be. It was an expedient to disengage the

' house. I hope the possession of the originals, and the proceedings upon them,

' will be attended with salutary effects to the province, and then I shall be well

' pleased." Memoirs of Benjamin Franklin, vol. ii. pp. 194, 197.

GEORGE III. 39

pected ; passion, interest, and faction, combined in the

efforts to render the writers universally odious. The

committees of correspondence printed, and inclosed in 1774.

a circular address, the letters of the governor and

lieutenant-governor, and the resolves of the assembly :

the ferment became general ; town meetings were

held, and violent resolutions adopted ; one town even

declared it was better to risk their lives and fortunes

in defence of their rights, civil and religious, than to

die by piecemeal in slavery. A natural consequence

of this ferment was the petition to the King which

Dr. Franklin, as agent for the province, had presented

to Lord Dartmouth. A counter petition, on behalf of

the governor and lieutenant-governor, praying to be Jan- 10-

heard by counsel on the allegations against them, was

sent in by Mr. Mauduit, and both were referred to

the committee of the privy council for Plantation

affairs.

Pending these transactions, Mr. William Whately, Y/ 3 '
brother of the gentleman from whose effects these Dueibe-
letters appear to have been purloined, supposing that what^
Mr. John Temple, of Boston*, had been instrumental and Mr.
in obtaining and publishing them, discussions in the Tem P le -
public prints between them, occasioned a duel in Hyde
Park, in which Mr. Whately received a wound, and
the parties were separated. Considering that the con-
flict, which had only been interrupted, would probably
be renewed, Dr. Franklin wrote to one of the news-
papers a letter, in which he said, " I think it incum- 25th ;
" bent on me to declare (for the prevention of future
" mischief) that I alone am the person who obtained
" and transmitted to Boston the letters in question.
" Mr. Whately could not communicate them, because
" they were never in his possession ; and, for the same
" reason, they could not be taken from him by Mr.
" Temple. They were not of the nature of private
" letters between friends ; they were written by public

* In the Annual Register for 1773, p. 152, he is styled Lieutenant-Governor
of New Hampshire. An account of the origin and course of this quarrel is given
in the Memoirs of Franklin, vol. i. Appendix 7, p. 62.

HISTORY OF ENGLAND.

CHAP.
XXI.

1774.

Jan. 11.
Proceedings
in the privy
council.

29th.

" officers to persons in public stations, on public affairs,
" and intended to procure public measures ; they were
" therefore handed to other public persons, who might
" be influenced by them to produce those measures :
" their tendency was to incense the mother country
" against her colonies, and, by the steps recommended,
" to widen the breach ; which they effected."

On the hearing before the committee of the privy
council, Dr. Franklin and Mr. Bollan, as agents, ap-
peared for the House of Assembly ; on the other side,
Mr. Mauduit attended, with Mr. Wedderburne, the
solicitor-general, as his counsel. After a few short
preliminary questions, Dr. Franklin said he did not
expect that counsel would have been employed;
and, although it was shewn that he had notice of the
prayer of Mr. Mauduit's petition to that effect, the
court acceded to his request of a delay. On the ap-
pointed day he presented himself, with Mr. Dunning
and Mr. Lee as his advocates ; the attendance of the
council was unusually full, thirty-five members being
present, and the anti-room was thronged with persons
desirous of admission. To substantiate the complaints
of the assembly, Mr. Dunning read extracts from the
letters which had been selected for him by Dr. Frank-
lin, and which were cited to prove that the two parties
complained of were unworthy of the confidence either
of the English government or of the assembly. No-
thing could be imagined of less importance than the
passages produced, if read with their entire context,
and with proper references to time and occasion. One
was a suggestion by Mr. Oliver, that government might
stipulate with the merchants of England for the pur-
chase of large quantities of goods, fit for the American
market, and abstain from shipping them until the
Americans should clamour for a supply. The mer-
chant might then put an advanced price upon his
wares, and possibly be able to make his own terms :
or, if it should be found that they would not bear
an augmentation of price to indemnify him, it might
be worth while for the government to agree with the

GEORGE III. 41

merchants before hand to allow them a premium equi- CHAP.

valent to the advance of their stock, and then the game '_

would be over*. 1774,

In another passage, it was averred that Mr. Oliver
indirectly recommended assassination ; his words being,
" that some method should be devised to take off the
" original incendiaries, whose writings supplied the
" fuel of sedition through the Boston Gazette f. One
" expression of Governor Hutchinson's is cited, as
" sufficient, alone, to justify all the complaints which
" were made, and to call for the immediate dismission
" of an officer so hostile to the rights and liberties of
" his countrymen." He declared that there must be
an abridgment of English liberties in the colonies J.

No report of the speeches made by Mr. Dunning
and Mr. Lee has ever been published. Dr. Priestly
insinuates that they made no great exertions. Mr.
Dunning, he says, was so hoarse, that he could hardly
make himself heard, and Mr. Lee spoke but feebly in
reply . Had their abilities been greater, if possible,

* This passage was taken from a letter dated the 7th of May, 1767. In
Dr. Franklin's Memoirs, vol. i. Appendix 7, p. 58, the last words are said to be,
the game will be up with my countrymen. This falsification could answer but
little purpose ; for the beginning of the paragraph shews clearly that the game
alluded to was the infusion of an alarm, that the manufacturers of England would
rise again and defeat the measures of government. " This game," he says, "has
" been played once, and succeeded."

f This passage, from the same work and page, is equally falsified with the
former. It is, " be their determination what it will, it is the determination of
some to agree to no terms that shall remove us from our old foundation. This
confirms me in an opinion that I have taken up a long time since, that if there
be no way to take off the original incendiaries, they will still continue to instil
their poison into the minds of the people, through the vehicle of the Boston
Gazette." Such was the phrase relied on to warrant an opinion that a pro-
posal could be made to a British government to authorise acts of assassination.
There are means, very different from murder, by which newspaper patriots may
be taken off. The phrase is not elegant or well chosen ; but uncommon malig-
nity must be employed to fix on the writer a charge of suggesting assassination.

J Ibid. And false again. Mr. Hutchinson having written, in October and
December, 1768, accounts of the proceedings of men calling themselves " sons of
" liberty," in insulting government, maltreating and abusing public officers, and
even preventing the assembling of juries, continuing the subject on the 26th of
January, 1769, said, " I never think of the measures necessary for the peace and
" good order of the colonies without pain. There must be an abridgment of
what are called English liberties. I relieve myself, by considering that, in a
remove from the state of nature to the most perfect state of government, there
must be a great restraint of natural liberty. I doubt whether it is possible to pro-
ject a system of government in which a colony three thousand miles distant from
the parent state shall enjoy all the liberties of the parent state."

In a letter in the Monthly Magazine, dated 10th Nov. 1802, reprinted in
Franklin's Memoirs, vol. i. p. 184.

42 HISTORY OF ENGLAND.

were ' th e incumbrance of such a case was
sufficient to depress them.
1774. Mr. Wedderburne made a speech of great cele-

Mr.Wedder- britv, and productive of effects more important and

Durno s * * -*-

speech. extensive than often result from addresses of the same

description. It was argumentative, learned, witty,
and peculiarly vituperative of Dr. Franklin. The pre-
sent question, he observed, was of no less magnitude
than whether the crown should ever have it in his
power to employ a faithful and steady servant in the
administration of a colony. In the appointment of
Mr. Hutchinson, His Majesty's choice followed the
wishes of his people ; and no other man could have
been named, in whom so many favourable circum-
stances concurred to recommend him. A native of
the country, whose ancestors were among its first set-
tlers. A gentleman, who had, for many years, presided
in the law courts ; of tried integrity ; of confessed
abilities ; and who had long employed those abilities
in the study of their history and original constitution.
Against him they did not attempt to allege one single
act of misconduct, during the four years in which he
had been governor. A charge of some sort was to be
preferred against him and the lieutenant-governor,
and His Majesty was prayed to punish them by a
disgraceful removal.

From a review of the history of American transac-
tions during the last ten years, he shewed that Mr.
Hutchinson had, on all occasions, proved himself alike
the friend of government and the colony; he said,
" I now come to consider the argument upon that
" footing on which my learned friends have chosen to
" place it. They have read to your Lordships the
" assembly's address ; they have read the letters ; and
" they have read the censures passed on them : and,
" after praying the removal of His Majesty's Governor
" and Lieutenant-Go vernor, they now tell your Lord-
" ships there is no cause to try there is no charge
" there are no accusers there are no proofs. They
" say that the Governor and Lieutenant-Governor are
" disliked by the assembly, and they ought to be dis-

GEORGE III. 43

" missed, because they have lost the confidence of
" those who complain against them. This is so very

" extraordinary a proceeding, that I know of no pre- 1774.
" cedent, except one ; but that, I confess, according
" to the Roman poet's report, is a case in point.

" ' Nunquam, si quid mini credis, amavi

" ' Hunc hominem. Sed quo cecidit sub crimine ? Quisnam
" * Delator ? Quibus indicibus ? Quo teste probavit ?
" ' Nil horum verbosa et grandis epistola venit
" ' A Capreis bene habet : nil plus interrogo.' '

Mr. Wedderburne then proceeded to examine into
the manner in which the letters had been obtained
and published. " How they came into the possession
" of any one but the right owners," he said, " is still
" a mystery for Dr. Franklin to explain. The late
" Mr. Whately was most scrupulously cautious about
" his letters. These I believe were in his custody at
" his death; and I as firmly believe that, without
" fraud, they could not have been got out of the cus-
" tody of the person whose hands they fell into.
" Wherein had my late worthy friend or his family
" offended Dr. Franklin, that he should first do so
" great an injury to the memory of the dead brother,
" by secreting and sending away his letters ; and then,
" conscious of what he had done, should keep himself
" concealed, till he had nearly, very nearly, occasioned
" the murder of the other? After the mischiefs of
" this concealment had been left for five months to
" have their full operation, at length comes out a letter,
" which it is impossible to read without horror, ex-
" pressive of the coolest and most deliberate malevo-
" lence. My Lords, what poetic fiction had only
" penned for the breast of a cruel African, Dr. Frank-
" lin has realized, and transcribed from his own. His
" too is the language of Zanga :

" Know then 'twas 1.

" I forged the letter I dtspos'd the picture
" I hated, I despis'd, and I destroy."

Examining the reasons given by Dr. Franklin for

44 HISTORY OF ENGLAND.

CHAP. causing the publication of the letters, he demonstrated,
both from their contents and all circumstances con-

1774. nected with the writing of them, that they were purely
and strictly private communications; that the inten-
tions imputed to the writers, and the inferences drawn
from them, were the mere effects of fallacy and mis-
representation ; and particularly that, at the time of
the correspondence, Mr. Whately could neither guide
nor influence the proceedings of government; for,
although a member of parliament, he voted with the
opposition. " These are the letters," he said, " which
" Dr. Franklin treats as public letters, and has thought
" proper to secrete them for his own private purpose.
" How he got at them, or in whose hands they were
" at the time of Mr. Whately's death, the doctor has
" not yet thought proper to tell us. Till he do, he
" wittingly leaves the world at liberty to conjecture
" about them as they please, and to reason upon those
" conjectures. But let the letters have been lodged
" where they may, from the hour of Mr. Thomas
" Whately's death they became the property of his
" brother and of the Whately family. Dr. Franklin
" could not but know this, and that no one had a
" right to dispose of them but they only. Other
" receivers of goods dishonourably come by, may
" plead, as a pretence for keeping them, that they
" don't know who are the proprietors: in this case
" there was not the common excuse of ignorance ; the
" doctor knew whose they were, and yet did not re-
" store them to the right owner. This property is as
" sacred and as precious to gentlemen of integrity, as
" their family plate or jewels are : and no man who
" knows the Whately s will doubt but that they would
" much sooner have chosen that any person should
" have taken their plate, and sent it to Holland for
" his avarice, than that he should have secreted the
" letters of their friend, their brother's friend, and
" their father's friend, and sent them away to Boston
" to gratify an enemy's malice."

Dr. Franklin was not warranted in saying that he
transmitted the letters to his constituents; he sent

GEORGE III. 45

them only to a particular junto ; for to them, and them CHAP.

only, were the letters communicated. Dr. Franklin

did not communicate them, as their agent, to the 1774.

assembly : for whatever may have been the whispers

of this junto, the assembly, as an assembly, does not

to this day know by whom the letters were sent. And

so little do those innocent, well-meaning farmers, who

compose the bulk of the assembly, know what they

are about, that by the arts of their leaders they have

been brought to vote an address to His Majesty to

dismiss his governor and lieutenant-governor, founded

upon certain papers which they have not named;

sent to them from somebody, they know not whom,

and originally directed to somebody, they cannot tell

where : for my accounts say, that it did not appear fb

the House that these letters had ever been in London.

In conclusion, he said, " On the part of Mr.
" Hutchinson and Mr. Oliver, I am instructed to
" assure your Lordships that they feel no spark of
" resentment, even at the individuals who have done
" them this injustice. Their private letters breathe
" nothing but moderation. They are convinced that
" the people, though misled, are innocent. If the
" conduct of a few should provoke a just indignation,
" they would be the most forward, and, I trust, the
" most efficacious solicitors to avert its effects, and to
" excuse the men. They love the soil, the constitu-
" tion, the people of New England ; they look with
" reverence to this country, and with affection to that.
" For the sake of the people, they wish some faults
" corrected, anarchy abolished, and government re-
" established. But these salutary ends they wish to
" promote by the gentlest means ; and the abridging
" of no liberties which a people can possibly use to
" its own advantage. A restraint from self-destruction
" is the only restraint they desire to be imposed upon
" New England."

The committee of the privy council speedily re- Decision of
ported, " that the petition was founded on resolutions
" formed upon false and erroneous allegations ; that
" it was groundless, vexatious, and scandalous, and

46 HISTORY OF ENGLAND.

CHAP, " calculated only for the seditious purposes of keeping
" up a spirit of clamour and discontent in the pro-

1774. " vince ; that nothing which had been laid before
" them did or could in any manner impeach the
" honour, integrity or conduct of the governor or
" lieutenant-governor ; and that the petition ought to
" be dismissed." The King in council confirmed the
report, and Dr. Franklin was dismissed from the office
of deputy postmaster-general in America*,
observations. This proceeding is one among the many instances
of a government being in principle perfectly right, and
yet, by not duly considering all surrounding circum-
stances, placing themselves in the wrong. It is im-
possible to screen the transaction in question, or the
conduct of Dr. Franklin in relation to it, from the
reproaches to which they were exposed; but the
character of the inquiry, and the dignity of the tri-
bunal to whose investigation it was submitted, were
not duly considered. Ministers, taught by experience,
ought to have known the degradation which they must
inevitably incur when they elevated an individual into
the rank of a personal opponent. Every word of cen-
sure uttered by Wedderburne, whether applied to the
patriots of Massachusets or to their agent, was most
strictly just ; but, from the place in which his speech
was pronounced, many advantages in public considera-
tion resulted to his adversary. The question before
the privy council, one entirely of politics, and the
highest interests of the nation, was treated as if it had
been a suit between private parties in which damages
were to be given, withheld or moderated according to
the opinions entertained by a jury of the conduct of
an agent or the character of a witness. The petition
could not be borne out by the letters on which it was
founded, and the manner in which they were obtained
and disclosed was most flagitious ; but even the strength
acquired by the advocate from these circumstances
was impaired by the tyrannous use which he made of

* In this narrative, the publication by Wilkie of the Letters of Governor
Hutchinson, and the Memoirs of Dr. Franklin, vol. i. p. 183 to 219 ; vol. ii.
p. 289, have been chiefly relied on.

GEORGE III. 47

it. The picture of the proceeding was calculated to CHAP.
heat and to harden those who were already attached

to the cause of the colony and its agent, and to place 1774.
their opponents in the unhappy situation of expressing
their satisfaction by boisterous joy, or of mitigating
censure by arguments of palliation or excuse.

Dr. Franklin, who had recently completed his
sixty-seventh year*, who was known and honoured in
the most eminent philosophical and literary societies
in Europe f, sat with his grey, unadorned locks, a
hearer of one of the severest invectives that ever pro-
ceeded from the tongue of man, and an observer of a
boisterous and obstreperous merriment and exultation,
which added nothing to the dignity of his judges^:.
He had sufficient self-command to suppress all display
of feeling; but the transactions of the day sunk deeply
into his mind, and produced an unextinguishable ran-
cour against this country, which coloured all the acts
of his subsequent life, and occasioned extensive and
ever memorable consequences.

As a sequel to, or rather a portion of, these pro- BUI filed in
ceedings (for Mr. Wedderburne alluded to it in his SSS 17
speech), Mr. Whately was induced, as administrator Franklin.
of his late brother Thomas Whately, to file a bill in
chancery against Dr. Franklin. The ostensible pur-
pose of the suit was to obtain from the defendant a
restitution of profits supposed to have been derived
from the publication and sale of the letters ; the real
one, to force from him, by means of interrogatories, a

* He was born the 17th of January, 1706.

t This circumstancej it is said, was used as the means of stigmatizing him.
' He has forfeited," the solicitor-general exclaimed, " all the respect of societies
' and of men. Into what companies will he hereafter go with an unembarrassed
' face, or the honest intrepidity of virtue ? Men will watch him with a jealous
' eye ; they will hide their papers from him, and lock up their escritoires. He
' will henceforth esteem it a libel to be called a man of letters homo trium lite-
' rarum," (i. e. FUR, a thief). Memoirs of Dr. Franklin, vol. i. Appendix 7,
p. 59. This passage does not appear in the publication by Wilkie ; but I have
no doubt of its being genuine.

J Mr. Wedderburne had a complete triumph. " At the sallies of his sarcastic
wit, all the members of the council, the president himself, Lord Gower, not
excepted, frequently laughed outright. No person belonging to the council
behaved with decent gravity, except Lord North, who, coming late, took his
stand behind a chair opposite me." Letter from Dr. Priestly to the Monthly
Magazine, before referred to. Franklin's Memoirs, vol. i. p. 185.

48 HISTORY OF ENGLAND.

CHAP. disclosure from whom he had received, and to whom
" transmitted those documents. To the first part, his

answer was, that he had neither caused nor directed
the printing of the letters, nor had he made, or ever
intended to make, any profit by them. To the latter
interrogatories he put in a demurrer, which was over-
ruled ; but before the process which they could have
awarded against him, he had been by other affairs
called from the kingdom*.

Examination As consequences of the utmost importance flowed
duc"andmo- from the declared and active enmity of Dr. Franklin,
tives. it is proper to review the course of his proceedings,

and, so far as his own disclosures afford the means, to
ascertain the operations of his mind and feelings before
this period. From the moment when the stamp act
was imposed, he resisted it on the grounds both of right
and expediency ; and on those principles, as agent
for the colonies, endeavoured to obtain its repeal, as
Great Britain might be sure of greater aids from
voluntary grants than from arbitrary taxes ; by losing
their respect and affection, she would lose more in that
commerce than she could gain by the impost, and it
would be detrimental to the harmony which had so
happily subsisted, and was so essential to the welfare
of the whole f. He did not insist that the Americans
ought to be exempt from contributing to the common
expenses necessary to the support of the empire ; but
that their own parliaments alone could judge what
the colonists ought to contribute, and that their money
could not be taken from them without their consent J.
He was a strenuous advocate for the combinations
against the use of British goods, both as means of
coercion, through distress, and as favourable to the
growth of industry and economy in America .

* Same Memoirs, vol. i. pp. 195, 204. It is asserted that he quitted England,
because he was informed that a warrant had issued to arrest him on a charge of
high treason. Memoirs, &c. vol. i. p. 222. But of this there is not the slightest
appearance of evidence ; and from the manner in wliich he lived, and the nego-
tiations in which he was engaged during his stay, it is utterly improbable.

t Memoirs, vol. i. p. 188.

J Same, vol. ii. p. 176.

Ibid.

GEORGE III. 49

Yet he professed the most heartfelt attachment to c : 5v r '
the constitutional connexion between Great Britain and '

his own country; a great personal veneration for the 1774.
King, and love for the people, believing only that a
corrupt and vicious parliament imposed all the rigours,
and prevented all the benefits which could be derived
from such a sovereign and such a nation*. He even
went so far as to suggest that Great Britain ought
to propose an union with America, similar to that
between England and Scotland f. As the disputes
of the two countries grew warmer, he, too, warmed ;
and, as he expresses much personal dislike of Governor
Hutchinson, it is not improbable that that sentiment
had some effect in impelling him to the unwarrant-

* A passage expressive of these sentiments is to be found in his letter to
Dr. Cooper, referred to in vol. i. p. 430. In another, in the same collection of
MSS. 27th April, 1769, the following passage occurs. " I hope nothing that has
" happened, or may happen, will diminish our loyalty to our sovereign, or
" affection for this nation in general. I can scarcely conceive a King of a better
" disposition, of more exemplary virtues, or more truly desirous of promoting
" the welfare of all his subjects. The people are of a noble and generous nature,
" and we have many friends among them ; but the Parliament is neither wise
" nor just; I hope it will be wiser and juster another year." This was a mere
private letter of friendship, and contained, most probably, the undisguised, unvar-
nished sentiments of the writer. In another, written at a much more advanced
period of the struggle, to the Honourable Thomas Cushing, the Speaker of the
House of Assembly, and probably intended to be generally communicated, he
says, " When one considers the King's situation, surrounded by ministers, coun-
" sellers, and judges learned in the law, who are all of opinion that Parliament
" can make laws of sufficient force and validity to bind its subjects in America,
" in all cases whatsoever, and reflect how necessary it is for him to be well with
'* his Parliament, from whose yearly grants his fleets and armies are to be sup-
" ported, and the deficiencies of his civil list supplied, it is not to be wondered
" at that he should be firm in an opinion established as far as an act of parlia-
" ment could establish it, by even the friends of America at the time they
" repealed the stamp act, and which is so generally thought right by his Lords
" and Commons, that any act of his, countenancing the contrary, would hazard
" his embroiling himself with those powerful bodies. And from hence it seems
" hardly to be expected from him, that he should take any step of that kind.
" The grievous instructions, indeed, might be withdrawn without their observing
" it, if His Majesty thought fit so to do ; but, under the present prejudices of all
" about him, it seems that this is not yet likely to be advised." And in his
Memoirs, when describing the course of conduct he had pursued on these sub-
jects, he says, " I industriously, on all occasions, in my letters to America,
" represented the measures that were grievous to them, as being neither royal
" nor national measures, but the schemes of an administration which wished to
" recommend itself for its ingenuity in finance, or to avail itself of new revenues,
" in creating, by places and pensions, new dependencies ; for that the King was
" a good and gracious prince, and the people of Britain their real friends. And
" on this side the water, I represented the people of America as fond of Britain,
" concerned for its interests and its glory, and without the least desire of scpara-
" tion from it. In both cases, I thought, and still think, I did not exceed the
" bounds of truth, and 1 have the heartfelt satisfaction attending good intentions,
" even when they are not successful."

t Letter to Dr. Cooper, 8th June, 1770. King George the Third's Papers.

VOL. II. E

HISTORY OF ENGLAND.

C x*xi P ' a ^ e anc ^ dishonourable step which he took in relation
_J to the letters *.

1774. Personal interest does not appear in any respect

to have swayed him. His son was governor of New
Jersey ; he was deputy post-master-general of America,
and enjoyed the well-earned credit of having greatly
improved the regulations, and augmented the produce
of that department. The emoluments derived from
that and his agency, enabled him to enjoy life in Eng-
land to the full extent of his moderate desires. During
the Grafton administration he entertained a surmise
of an intention to remove him ; but the matter ended
to his entire satisfaction f. He was, however, far
from being disposed to surrender his position quietly;}:.
Nor does there appear to be the least foundation for
Mr. Wedderburne's insinuation, that he had procured
the removal of Governor Barnard, and struggled to
effect that of Governor Hutchinson, in hopes of attain-
ing the situation from which they were expelled.

* This feeling of warmth and of dislike is shewn in a letter to Mr. Gushing,
7th July, 1773. " I thank you for the pamphlets you have sent me, containing the
" controversy between the governor and the two Houses. I have distributed them
" where I thought they would be of use. He makes, perhaps, as much of his
" argument as it will bear; but has the misfortune of being on the weak side, and
" so is put to shifts and quibbles, and the use of much sophistry and artifice, to
" give plausibility to his reasonings. The council and the assembly have
" greatly the advantage in point of fairness, perspicuity, and force. His pre-
" cedents of acts of parliament binding the colonies, and our tacit consent to
" those acts, are all frivolous. Shall a guardian who has imposed upon,
" cheated, and plundered a minor under his care, who was unable to prevent
" it, plead those impositions after his ward has discovered them, as precedents
" and authorities for continuing them ? There have been precedents, time out of
" mind, for robbing on Hounslow Heath; but the highwayman who robbed there
" yesterday, does, nevertheless, deserve hanging. I am glad to see the resolves of
" the Virginia House of Burgesses. There are brave spirits among that people.
" I hope their proposal will be readily complied with by all the colonies. It is
" natural to suppose, as you do, that if the oppressions continue, a congress may
" grow out of that correspondence. Nothing would more alarm our ministers ;
" but if the colonies agree to hold a congress, I do not see how it can be pre-
" vented."

t Letter to his son, Governor Franklin, 2nd July, 1768. Memoirs, &c.
vol. ii. p. 184. It is proper here to observe, that, in all the heat and violence of
the subsequent contest, Governor Franklin retained his sentiments of loyalty,
and his father never attempted to make him alter his opinions, p. 1'51 .

| In a letter to Dr. Cooper he expresses this determination in characteristic
terms. " I am deficient," he says, " in the Christian virtue of resignation. If
" they would have my office, they must take it. I have heard of some great man,
" whose rule it was, with regard to offices, never to ask for them never to
"refuse them to which I have added, in my own practice, never to resign
'' them."

GEORGE III. 51

CHAPTER THE TWENTY-SECOND.
1774.

Meeting of Parliament. King's speech. Peace establish-
ment. Mr. Woodfall and Mr. Home brought before the
House of Commons for a libel and discharged. Act for
trying the merits of controverted elections made perpetual.
American papers laid before Parliament. The King's
message. Bill for shutting Boston Port. Its progress
through the House of Commons. Petitions from the
Americans resident in London. Opposition in the House
of Lords. Bill for regulating the government of Massa-
chuset's Bay. Proceedings in the House of Commons.
Protest in the Upper House. Bill for the impartial ad-
ministration of justice in America. Opposition in the
Lower House. Debates and protest in the Lords. Se-
cond petition from the Americans in London. Motion for
repealing the duty on tea. Mr. Burke's famous speech.
Lord Chatham's speech on American affairs. Bill for the
government of Canada brought into the House of Lords.
View of the Bill. Opposition, and defence in both Houses.
Petition from the Penn family and from the Canada
merchants. Evidence examined. Petition to the King.
Miscellaneous acts of the Legislature. Close of the
session. King's speech.

THE extent of American disturbances was not CHAP.
fully known when the British parliament assembled.

The King, in his speech, reviewed the state of the 1774
continent, and anticipated a long duration of peace ; 13th Jan.
he recommended attention to internal and domestic parliament.
improvement, and mentioned the deteriorated state of King's

SOGGCn.

the gold coin, as an object claiming peculiar exertions.

E 2

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

Peace esta-
b.ishment.

llth Feb.
Wood fall
and Home
brought be-
fore the
House of
Commons.

The address was voted in both Houses without division
or debate.

The early part of the session was employed in
fixing the number of seamen and soldiers on the peace
establishment; on Mr. Sawbridge's annual motion
for shortening the duration of parliament; and on
Sir George Savile's similar effort to procure a bill for
securing the rights of electors, and for declaring the
proceedings relative to the Middlesex election illegal ;
both which were rejected.

Some attention was.<also excited by a proceeding
against Henry Sampson Woodfall, printer of the
Public Advertiser, and the Rev. John florne, for a
libel on the Speaker of the House of Commons, in a
letter signed " Strike, but hear," charging him, in
gross terms and much ribaldry, with injustice and
partiality. This scurrilous effusion arose out of a
petition and counter-petition on an inclosure bill, pre-
sented by Sir Edward Astley, and opposed by Mr.
William Tooke. Sir Fletcher Norton complained to
the House ; and, having obtained the testimony of Sir
Edward Ashley, who presented both the petitions, of
Alderman Sawbridge, Colonel Jennings, and Sir John
Turner, who knew the progress of the affair, in favour
of his rectitude on the particular occasion, and his
general impartiality, declared himself satisfied, and
expressed disregard of the scurrility and falsehoods
contained in that scandalous libel.

Mr. Herbert thought the dignity of Parliament
would be degraded if a matter of such importance
passed with impunity, and moved for bringing the
printer before the House. Sir Joseph Mawbey thought
the intention of the libeller was to injure the liberty of
the press, and create a variance between the King and
the City, and therefore wished the House to abstain
from noticing the libel, and referred the Speaker to
the courts of law for redress. Mr. Fox, agreeing with
Sir Joseph respecting the views of the writer, differed
in his conclusions. The letter was full of such
flagrant falsehoods, that no man of sense could place
belief in it; but was any member, much less the

GEORGE III. 53

Speaker, to be so grossly libelled, and obliged to CHAP.
descend to a law-suit 1 No ! he hoped they would

always maintain their prerogative, and protect them- 1774.
selves ; it would be no less absurd, he said, for them
to appeal to an inferior court, than for the Court of
King's Bench to apply for protection to the Court of
Common Pleas. The consequences arising from the
motion were dreaded, because the lenity formerly
shewn had led printers to conceive themselves entitled
to libel any member ; and, if suffered to proceed, they
would next claim, as a privilege, the right of libelling
whom they pleased. After a debate of some length,
in which a resistance to the order of the House, by
some alderman ambitious of popularity, was antici-
pated, and the futility of the claim of the city to
obstruct the execution of the Speaker's warrant, fully
established, the paper was unanimously voted a libel,
and the printer ordered to attend.

Mr. Woodfall obeyed without hesitation ; and, on uth Feb.
his interrogatory, declared the Rev. John Home author
of the obnoxious paper. A strenuous debate ensued,
in which the Speaker proposed committing the printer
to the custody of the Serjeant-at-arms ; Mr. Fox, after
some observations on the enormity of the offence,
recommended Newgate ; Lord North gave his suffrage
for the milder course. The question being pressed to
a division, Mr. Fox and he voted on opposite sides*,
and Mr. Woodfall was taken into custody by the
Serjeant-at-arms. On a subsequent day, on a petition
expressive of his regret, he was discharged. After
some demurs relative to the summons, and the cor-
rectness of his name and designation in it, Mr. Home
was brought before the House. He extricated him- 17th.
self from the accusation with great dexterity. Having
attempted to remove the imputation of contumacy, he
inquired whether Mr. Woodfall's declarations were to
be taken as evidence, or as the charge against him :
after some hesitation, he was told they constituted the
charge, and pleaded, as in any other court, not guilty.
The House was embarrassed : Mr. Woodfall was again

* The numbers were, 152 to 68.

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

18th Feb.
And dis-
charged.

Feb. 16th
Mr. Fox

called and confronted with Mr. Home ; but as he was
implicated in the guilt of the publication, his un-
confirmed testimony was deemed insufficient to warrant
conviction. Three of Mr. Woodfall's journeymen
afterwards attended ; but they utterly failed, in
proving the accusation, and Mr. Home was dis-
charged*.

Another libel, published in the daily papers, was
complains of introduced to the attention of Parliament by Mr. Fox,
a libel. w j lo rea( j f rom The Public Advertiser and The
" Morning Chronicle," a letter signed " A South
" Briton," in which the curses denounced in the Holy
Writ against those who commit certain flagitious
offences, were recapitulated and applied to King Wil-
liam and Queen Mary, and all who had assisted in the
revolution, which the writer termed a rebellion, and
denied to be glorious. He went on to stigmatize sub-
sequent proceedings in different reigns, and cited the
national debt, the taxes, and the issue of Bank-notes,
as a proof that, instead of a blessing, the revolution
was a curse on us and our posterity for ever. All
our treasures, the writer said, had been expended to
make the poor and distressed States of Holland high
and mighty, the poor Electorate of Hanover rich and
wealthy, and to place the subjects of Great Britain
and Ireland in poverty, distress, and slavery. Much
more ribaldry of the same kind occurred : the stand-
ing army of great placemen, excisemen, custom-house
officers, and of devouring locusts, called pensioners,
and the standing army of soldiers, were said to be the

* A lively, but, in many respects, incorrect accourt of this transaction is
given in Mr. Stephens's Life of Home Tooke, vol. i. p. 422. By that narrative,
it appears that the publication was planned for the purpose of bringing strongly
to the notice of parliament the petition of Mr. Tooke, whose surname Mr. Home
afterward assumed, and with whom he lived on terms of affectionate intimacy.
One of the objections raised against the summons, was the use of the word reverend,
as Mr. Home had then recently resigned, so far as he could, his clerical cha-
racter, surrendered his living at Brentford, and entered his name as a student
in the Inner Temple, for the purpose of being called to the bar. Serjeant Glynn
assigned this as a reason for his not agreeing in the description given of him.
Many were of opinion, he said, that the clerical character was indelible, and that
he who had assumed it could not become a member of a legal profession ; if
such an objection should, at any future time, be urged, it would be very inju-
rious to Mr. Home's interest that his own admission that he Avas a clergyman
should be pressed against him.

GEORGE III. 55

means by which our liberties were become merely CHAP.
nominal; and our property of every sort, whenever
the King should please, could be wiped out with a 1774.
sponge. Such was the state of religion, that, in a
few years, the Church of England would, without a
special interposition of Providence, be extinct; and,
as for morality, our governors, by their wicked exam-
ples of bribery, corruption, dissipation, gaming, and
every species of wickedness, had so debauched the
public mind, that morality, like liberty, property, and
religion, had almost vanished from these once happy
isles.

Mr. Fox declared himself so much an enemy to all
libels, to all licentiousness of the press, although a
friend to its legal liberty, that he would bring libels of
every denomination into notice, in hope of putting a
stop to so scandalous a practice. Upon this occasion
he should think the House dishonoured if any debate
arose upon his motion, which was, " that the letter was
" a false, scandalous, and traitorous libel, tending to
" alienate the affections of his loyal subjects from His
" Majesty and his family."

No opposition was offered to the motion ; but
Mr. Thomas Townshend declared the libel to be un-
worthy of the attention of the House, from its amazing
stupidity : it had neither wit, sense, spirit, nor under-
standing, and was too contemptible for notice. But
he could not help observing how extraordinary it must
appear, that while Dr. Shebbeare and Dr. Johnson,
who had both been revilers of the revolution and its
principles, were pensioned by the administration, this
wretched South Briton was to be prosecuted. The
descendants of those who brought the revolution to
bear were not men who met with honour at present ;
nay, the revilers of those ancestors received counte-
nance and protection. He looked round to the de-
scendants of Lord Russell, who were in the House,
for confirmation of what he advanced ; he did not
himself think it a dishonour to say that he had a drop
of the blood of Sidney in his veins ; but he thought,
when so much countenance, and even reward, were

56 HISTORY OF ENGLAND.

CHAP. given to the greatest enemies of the revolution and its
principles, the present proceeding was not very con-
1774. sistent.

Mr. Fox denied the propriety of coupling Dr. John-
son with Dr. Shebbeare ; he knew not the passages in
Dr. Johnson's writings to which allusion had been
made, but said that the peculiar opinions of men of
great literary ability, dropped in works not professedly
political, ought not to subject them to prosecution.
Lord North did not think himself called upon to
defend pensions which were granted by ministers who
had preceded him. As to the work of- Sir John Dal-
rymple, which had been alluded to as containing
reflections on Lord Russell and Algernon Sidney, he
knew that every paper published in it was authentic,
that is, all the letters, whether their contents were
true or false, were written by the French minister
here; but he had never seen the book until it had
been published ; and if Mr. Townshend had bought
it, their encouragement of it had been equal.

A prosecution by the attorney-general of the au-
thors, printers, and publishers of the libel was ordered.
25th Feb. Anticipating a general election, Sir Edward Stan-

acTmade ley moved for leave to bring in a bill, to render per-
perpetuai. petual the law, introduced under the auspices of the
late George Grenville, for trying controverted elections
by committees. The motion produced an animated
debate, in which the question was not treated as an
affair of party, but discussed freely on the merits.
The principal objections against now rendering the
act perpetua^, were, the approach of a general election,
which would afford opportunities of obtaining more
decided experience of its benefits ; and the impro-
priety of the House surrendering its own privileges.
In answer to the first, it was stated, that five instances
had already occurred, and not one trial had been im-
properly decided. Mr. Dunning humourously apolo-
gized for supporting the motion. " No person," he
said, " had a juster right to resist the bill than himself;
" it had done him great injury ; for, since the act, not
*' one trial had come into Westminster-hall ; and he

GEORGE III. 57

" was confident, were it made perpetual, there never

" would be one. At a general election, even with all

" the faults that had been stated, it would be found a 1774.

" glorious act." In answer to the argument against

the resignation of privileges, the improper means used

to influence members in former times were detailed

by Lord George Germaine. " The parties used," he

said, " to apply to one set of the House to be their

" managers, another set to give their attendance and

" interest ; to a third set, with whom they were inti-

" mate, they would apply for their vote ; and to the

" lazy part of the House, they would say, we won't

" trouble you to attend the dry examination of wit-

" nesses; only let us know where you will be, and

" when the question is going to be put, we'll send

" you a card." The motion was at length carried*,

and the bill passed f.

Alderman Sawbridge made his accustomed mo- Feb. isth.

tion for shortening the duration of parliament. The
attempt would not require notice, but for the manner annual mo-
in which, with allusion to recent transactions, the

* '250 to 122.

f The merits of this celebrated law are thus elegantly described by Dr. John-
son : " The new mode of trying elections, if it be found effectual, will diffuse its
" consequences further than seems yet to be foreseen. It is, I believe, generally
" considered as advantageous only to those who claim seats in parliament : but, if
" to choose representatives be one of the most valuable rights of Englishmen, every
" voter must consider that law as adding to his happiness which makes his suifrage
" efficacious ; since it was in vain to choose while the election should be controlled
" by any other power. With what imperious contempt of ancient rights, and what
" audaciousness of arbitrary authority, former parliaments have judged the dis-
" putes about elections, it is not necessary to relate. The claim of a candidate, and
" the right of electors, are said scarcely to have been, even in appearance, referred
" to conscience ; but to have been decided by party, by passion, by prejudice, or
" by frolic. To have friends in the borough was of little use to him who wanted
" friends in the House ; a pretence was easily found to evade a majority, and the
" seat was at last his, that was chosen, not by his electors, but his fellow senators.
" Thus the nation was insulted with a mock election, and the parliament was filled
'' with spurious representatives ; one of the most important claims, that of a right
" to sit in the supreme council of the kingdom, was debated in jest, and no man
" could be confident of success from the justice of his cause. A disputed election
" is now tried with the same scrupulousness and solemnity as any other title.
" The candidate that has deserved well of his neighbours may now be certain of
" enjoying the effect of their approbation ; and the elector who has voted honestly
" for known merit may be certain that he has not voted in vain." See The
Patriot, Johnson's Works. Lord Chatham spoke of it in terms equally laudatory.
This happy event, he wrote on its passing the Commons, is a dawn of better times ;
it is the last prop of parliament ; should it be lost in its passage, the legislature will
fall into incurable contempt and detestation of the nation. The act does honour
to the statute-book, and will endear for ever the memory of the framer. Letter
to the Earl of Shelburne, Glh March, 1774 ; Correspondence, vol. iv. p. 332.

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

American
papers laid
before Par-
liament.
4th March.
7th.

King's mes-
sage.

14th.

probable evils of a septennial legislature were de-
scribed. " Members having obtained a seat," he said,
" for so long a term as seven years, may consider
" themselves as having obtained a beneficial lease;
" and, although they come into the House with toler-
" ably pure intentions, falling in the way of ministers,
" or the procurer for ministers, may be tempted to
" deviate from the path of virtue ; and when that is
" once quitted, you know, Sir, how rarely it has ever
" been regained. What have we not to dread from
" such a House of Commons 1 May they not deter-
" mine that their resolutions are superior to the law of
" the land ? May they not arrogate to themselves the
" executive as w r ell as legislative authority, and arbi-
" trarily punish persons who have not been legally
" convicted of any offence against the known laws of
" the land? May they not imprison magistrates for
" having faithfully discharged their duty 1" He added
some other suppositions referring to the Middlesex
election, the civil list, and other points of popular dis-
cussion; but, as usual, failed on a division*.

Great alarm and uneasiness were excited in the
public by the intelligence received from America,
when, at length, Lord North, having previously inti-
mated his intention, submitted to Parliament the
papers relative to the destruction of tea. They were
introduced by a message from the King, stating that
unwarrantable and outrageous proceedings, obstruct-
ing the national commerce, and subversive of the con-
stitution, having been adopted in North America, and
particularly at Boston, His Majesty thought fit to lay
the whole matter before Parliament ; confiding in their
zeal for his authority, and attachment to the welfare of
all his dominions, for effectual powers to put an imme-
diate stop to those disorders ; and for further regula-
tions and permanent provisions, more effectually to
secure the execution of the laws, and the just depend-
ence of the colonies on the Crown and Parliament of
Great Britain. Loyal addresses were returned with-
out divisions, although in the Lower House smart
* 221 to 94.

GEORGE 111. 59

animadversions were made, and a conflict of sarcastic CHAP.

Y V T T

wit was maintained between Mr. Burke and the

Solicitor-General. 1774

On the documents presented to Parliament, which
exceeded one hundred, and consisted of copies and
extracts of letters from the different magistrates and
officers in America, the votes and resolutions of the
inhabitants of Boston, and other interesting commu-
nications, Lord North founded a motion for a bill to
remove the revenue officers from Boston, and to dis- BUI for shut-
continue the landing and shipping of merchandize at p"^ 6 '
the town or within the harbour*.

In recommending this measure, the minister as- Lord North's
serted, that the present disorders were entirely occa- speec '
sioned by the inhabitants of Boston : our commerce
could not be secure while it remained in that harbour,
where the officers of the customs had been thrice pre-
vented from doing their duty ; and stated the necessity
of finding some other port, where the laws could afford
full protection. Anticipating an objection that, in a
measure so general, some innocent persons would
suffer with the guilty ; he said, where the authority of
a town had been, as it were, asleep and inactive, it
was no new thing for the whole town to be fined : he
instanced the city of London, in the reign of Charles II.
when Dr. Lamb was killed by unknown persons ; the
case of Edinburgh, in Captain Porteus's affair; and
Glasgow, where the house of Mr. Campbell was pulled
down, and part of the revenue of that town was
sequestered for the purpose of indemnity. Boston, he
observed, did not stand in so fair a light as either of
those places, for it had been upward of seven years in
riot and confusion. He then detailed the proceeding
with respect to the tea ships, and denounced it as a
most violent outrage, by people who could not, in any
shape, claim more than the natural privilege of trading
with their fellow subjects. The violence of Boston
had influenced the rest of the continent ; Boston was
alone to blame, and should alone be the object of

* Before this debate began, the standing order for the exclusion of strangers
was rigidly enforced. Parliamentary History, vol. xvii. p. 1163.

HISTORY OF ENGLAND.

C xx R
1774.

Opposed by

isth and
2ist March,

Petition of

punishment. A clause in the bill would prevent the
crown from rc-estabUshing the harbour, till full satis-
faction was made to the East India Company for the
loss of their tea ; and this not as a tax, but by requi-
sition. He should be happy that the promoters of the
disturbances were discovered, and compelled to make
reparation; but as they were unknown in England,
Boston would, no doubt, endeavour to discover them,
or pass acts of their own assembly to levy the money
in the most equitable manner. He always regretted
the necessity of punishment, and therefore hoped for
that unanimity which would give strength to the mea-
sure. He trusted all would agree with him, peers,
members, and merchants, and all would animadvert
upon such parts of America as denied the authority of
this country. We must punish and control, or yield
to them.

Some slight opposition to the first reading of the
k^ wa ma( j e? principally by Mr. Dowdeswell, who
inquired for evidence of general concurrence in the
inhabitants of Boston; he said, the examples of
punishment which had been mentioned were not
similar to the present case ; the obligation on the
counties to compensate for losses between sun and
sun was an ancient regulation not enacted for a par-
ticular purpose ; but this would be an ex post facto
law. The case of a corporation was also different;
they chose their own officers, while the magistrates
of Boston were elected by the province at large.
AVould the House condemn without evidence, in the
absence of the parties ^ The motion was supported
by some opposition members, particularly Colonel
Barre, who applauded the bill, harsh as it was, for
its moderation ; and he excited considerable risibility,
by saying, " I think Boston ought to be punished, she
" is your eldest son : " it was carried without a division.

The bill was twice read, and committed without
opposition : but, in the committee, the lord mayor j
Mr. Bull, presented a petition from several natives of
North America resident in London, who claimed, as an
inviolable rule of natural justice, that no man should be

GEORGE III. 61

condemned without being called upon to answer, to hear CHAP.

evidence, and make a defence. Under the intended

bill, no individual or corporate body in America could 17/4.
enjoy security ; for should judgment immediately follow
an accusation, supported even by persons notoriously
at enmity with them, while the accused were unac-
quainted with the charge, and, from the nature of
their situation, incapable of defending themselves,
every fence would be pulled down, justice no longer
be their shield, nor innocence an exemption from pu-
nishment. The petitioners hardily asserted that jus-
tice was executed by law with as much impartiality
in America as in any other part of His Majesty's
dominions ; distinguished between the case of Boston
and those of London and Edinburgh, mentioned in
Lord North's speech, and attempted to fix the blame
of the tumults on the governor, who had omitted to
restrain them by means of the executive force. They
declared a proceeding of such excessive rigour and
injustice would sink deep in the minds of their coun-
trymen, and tend to alienate their affections. The
attachment of America, they said, cannot survive the
justice of Great Britain ; and if the Americans see a
new mode of trial established for them, which violates
the sacred principles of natural justice, it may be pro-
ductive of national distrust, and extinguish those filial
feelings of respect and affection which have hitherto
attached them to the parent state.

After the reading of this petition, Mr. Rose Fuller Amendment
moved an amendment, mitigating the rigour of the
original proposal into a fine. The Bostonians, he said,
would refuse to remit money to pay their debts, and
numerous confederacies would be created; the bill
could not be carried into execution without a military
force ; if a small number of men were employed, the
Boston militia would cut them to pieces ; and if a large
number, the Americans would seduce them.

The proposition of a fine was opposed as tending to opposed by
increase the difficulty ; and Lord North said, though Lord North -
he Avas no enemy to lenient proceedings, he found
resolutions of censure and warning unavailing, and

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

Amendment
rejected.

25th March.
Opposition
on the third
reading.

coercive measures necessaiy. " Now is the time," he
said, " to persist, to defy them, to proceed with reso-
" lution, and without fear. This bill should convince
" all America of our firmness and vigour ; but that
" conviction would be lost did they perceive in our
" councils hesitation and doubt." In answer to the
suggestion that the Americans would withhold the
payment of their debts to British merchants, he said,
they used similar threats unless the stamp act were
repealed ; but, although they obtained that point, they
did not pay their debts ; and he believed their conduct
would be the same on this occasion. If Parliament
were to be influenced by such threats, all remedies
would become nugatory, and the proposed fine could
be as effectually resisted as the operation of the bill.
He denied that a military force would be necessary to
enforce the act, as four or five frigates would suffice ;
but, were it necessary, he should not hesitate to compel
due submission to the laws. " If their disobedience
" to this act," he continued, " is to produce rebellion,
" that consequence belongs to them, not to us ; they
" alone occasion it ; we are only responsible for the
" equity of our measures ; firmness, justice, and reso-
" lution alone can produce obedience and respect to
" the laws, and security to trade."

The debate was maintained with considerable ability,
and at much length ; the principal speakers in favour
of Lord North's measure were, Messrs. Herbert, Gas-
coigne, Montagu, second son of Lord Sandwich, who
made his maiden speech, Stanley, Ward, Jenkinson,
and General Conway. On the other side were Mr.
Byng and Mr. Dempster. The necessity of shewing
resentment by punishment being, however, generally
admitted, and the difference arising only as to the
mode, the committee adopted the original proposal
without alteration.

On the motion for a third reading, Mr. Fox, for
the first time, appeared in opposition, and particularly
censured the clause which vested in the Crown the
power of restoring the port. It confided to the King
that authority with which Parliament was afraid to

GEORGE III. 63

trust itself. The quarrel was with Parliament, and CHAP.
Parliament was the proper power to end it. He was

answered by Mr. Phipps, who shewed the propriety of 1774.
continuing to the throne that which had always been
its attribute, mercy ; nor could the restoration of the
port be so well vested in the legislature ; for Parlia-
ment might happen not to be sitting at the moment
when the exercise of lenity became proper.

The debate assumed, for a moment, a new colour
from the intemperance of Mr. Van, who, descanting
on the flagitiousness of the offence committed by the
people of Boston, said their town ought to be knocked
about their ears and destroyed. " Delenda est Car-
" ihago /" he exclaimed : " you will never obtain
" proper obedience to the laws until you have de-
" stroyed that nest of locusts."

This excessive vindictiveness called up Colonel
Barre, who earnestly deprecated such language: he
expressed approbation of the bill, although he feared
it was intended to involve the fatal doctrine of tax-
ation. " I have not a doubt," he said, " but a very
" small part of our strength will at any time overpower
" the Americans. I think this bill moderate ; but I
" augur that the next proposition will be a black one.
" You have not a loom, nor an anvil, but what is
" stamped with America ; it is the main prop of your
" trade."

The clauses objected to were acquiesced in with-
out a division, and the Speaker put the question for
passing the bill.

Mr. Fox then revived his objections, in order, he
said, to shew on the journals that some member had
resisted those clauses.

Mr. Dowdeswell opposed the whole principle of
the bill; censured the celerity of passing it, which
prevented the tendering of petitions from the manu-
facturers whose interests it would affect ; blamed the
selection of Boston for signal vengeance ; when many
other places had been equally culpable, and considered
the measure more likely to injure the merchants of
England than the delinquents in America.

64 HISTORY OF ENGLAND.

CHAP. M r . Burke derided the notion of a local remedy

for a general disorder. One town in proscription, the

1774. rest in rebellion, can never be a remedial measure for
general disturbance. " Have you considered," he
said, " whether you have troops and ships sufficient
" to enforce an universal proscription to the trade of
" the whole continent of America ^ If you have not,
" the attempt is childish, and the operation fruitless."
He blamed Governor Hutchinson for not having re-
course to the assistance of the military, who, it appeared
from the papers on the table, could have quelled the
riot, though not without killing many unoffending
people ; but the fault of the governor ought not to be
the means of punishment on the innocent. Universal
discontent prevailed throughout America, he said, from
an internal bad government. He wished to see a new
plan of legislation in that country, not founded on the
laws and statutes of Great Britain, but on the vital
principles of English liberty.

Mr. Burke was answered by Mr. Grey Cooper, who
expressed surprise and sorrow at hearing him upbraid
government for not using military force. " It has
been said," he continued, " that the Americans cannot
" be heard in their own defence before this measure
" takes effect. Look at the papers on the table, where
" you see the resolutions of their public meetings,
" ordered to be transmitted for our information." After
such a defiance, could they be expected to appear at
the bar, and defend themselves by those laws which
they expressly refused to obey? He compared the
mode of punishment to the black act, where the whole
hundred, although not present, is fined for the mis-
conduct of individuals. The bill was framed for the
protection of trade ; it was a mild measure, and if
opposed in America, the result would make the
punishment.

Alderman Sawbridge also opposed the bill, and
Governor Johnstone predicted that it would occasion
a general confederacy to resist the power of Great
Britain : it would be no more prejudicial and absurd
to prevent the inhabitants of Middlesex from sowing

GEORGE III. 65

corn, than to hinder the town of Boston from reaping CHAP.
profit from their trade and merchandize.

Lord North ably vindicated his measure, as 1774.
founded on justice, and the most eligible under all
circumstances; he opposed the suggestion, that a
foreign enemy would take advantage of our contest
with the colonies, by declaring the time of peace to
be the only period for regulation, and the present
time the crisis when the dispute ought to be decided.

The bill passed without a division. BUI passed.

In the House of Lords it was actively opposed by Opposition in
the Earl of Shelburne, who presented a petition from Lords USe f
the natives of America resident in London, similar to
that submitted to the House of Commons. His ac-
count of the debate is the only one which can be relied
on. " It underwent," he says, " a fuller and fairer
" discussion in the House of Lords than in the House
" of Commons. The debate took a general turn ; and
" Lord Camden, in his reply to Lord Mansfield, met the
" question fully, going as near the extent of his former
" principles as he well could. The remarkable features
" of the day were the notorious division among the
" ministry, which was very nearly avowed, some calling
" what passed in Boston commotion, others open rebel-
" lion ; a more than disregard to Lord Dartmouth, and
" somewhat of the same sort toward Lord North.
" Lord Mansfield took upon himself a considerable
" lead ; alleging that it was the last overt act of high
" treason, proceeding from over lenity and want of
" foresight ; that it was, however, the luckiest event
" that could befall this country ; for that all might be
" recovered, for compensation to the India Company
" he regarded as no object of the bill : that if this act
" passed, we should have passed the Rubicon ; that the
" Americans would then know that we should tempo-
" rize no longer ; and if it passed with tolerable una-
" nimity, Boston would submit, and all would pass sine
" ctsde. The House allowed me very patiently, though
" very late at night, to state the tranquil and the loyal
" state in which I left the colonies, with some other
" very home facts ; and I cannot say that I met with

VOL. II. F

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

30th March.
Bill pasted.

Bill for regu-
lating the go-
vernment of
Massachu-
set's Bay.
28th March.

Lord North's
speech.

" that weight of prejudice which I apprehended. Lord
" Temple declared, early in this debate, that he did not
" intend voting, or giving any opinion on the measure ;
" but that the backwardness of the ministry to explain
" their plan appeared an indignity to the house ; that
" they were mistaken if they thought the measure a
" trifling one ; that, in his opinion, nothing could justify
" them hereafter, except the town of Boston proving in
" an actual state of rebellion; but he feared the ministry
" had neither heads nor hearts to conduct either system.
" During the whole debate the ministers would never
" declare whether they would, this session, repeal the
" act or not. In regard to their plan, Lord Dartmouth
" appeared to stop, after declaring the proposed altera-
" tion of the charter ; but Lord Suffolk declared very
" plainly, that other very determined measures should
" be offered before the rising of Parliament*".

Beside Lord Mansfield, Lords Gower, Lyttelton,
Weymouth, and Suffolk, supported the bill, which was
opposed by the Dukes of Richmond and Manchester,
the Marquis of Rockingham, and Lords Camden,
Shelburne, and Stair. It passed the House in five
days, and no protest was entered on the journals j*.

On introducing the Boston port bill, Lord North
said it was not the only measure he intended to pro-
pose ; other parts of more nice disquisition would still
remain for future consideration. Accordingly, while
that bill was yet depending in the Lords, he laid before
the lower House, in a committee, the plan of a law
" For better regulating the government of Massachu-
" set's Bay."

He said, the papers would render indisputable the

* Chatham Correspondence, vol.iv. p. 339.

t See History of Lord North's Administration, p. 136. Soon after the address
was voted on the presentation of the papers, Mr. Bollan, agent for the council of
Massachuset's Bay, presented to the House of Commons a petition, which was
received, and ordered to lie on the table. During the progress of the bill he ten-
dered one to the Lords, in the same character ; but they refused to admit it,
alleging that the agent of the council alone was not competent to appear for the
whole corporation. This refusal was warmly censured, as creating an incon-
sistency between the proceedings of the two Houses, and between two proceed-
ings of the same House ; and it was said, as similar reasons would apply against
all the American agents, Parliament would thus cut off all communication between
themselves and the colonists whom their acts most immediately affected.

- GEORGE III. 67

want of an executive power in that country, and the CHAP.
necessity of strengthening the magistracy; the civil
force consisted in the posse comitatus, and, considering 1774.
that posse as the very people who had committed all the
riots, preservation of the peace could not be expected
from them. The constitutional power appeared to be
totally defective. If the democracy shewed contempt
of the laws, the governor had no authority to appoint
a magistrate willing to enforce them, nor to remove
one that would not act ; that power was vested in the
council, whose dependence was on the democratic part
of the constitution. If the governor published a pro-
clamation, there was hardly found a magistrate to obey
it ; nor could he issue any order without the consent
of seven of the council ; government was in so forlorn
a situation, that no governor could enforce obedience ;
nor, with such a want of civil authority, could it be
supposed that the military, however numerous, could
be serviceable. To remedy these evils, the minister
proposed that the governor should act as a justice of
peace, with power to appoint civil officers, such as
sheriffs, and provost-marshal, (the chief-justice and
judges of the supreme court excepted,) removable
only by the King under his sign manual, and upon
good representations made in England. The irregular
assemblies, or town-meetings, held in Boston, were no
longer to be convened without the consent of the
governor, unless for the annual election of certain
officers, whom it was their province to choose ; and
the nomination of juries required regulation. The
minister professed himself open to the effects of dis-
cussion, and inclined to reform his opinions where
erroneous ; he conceived some immediate and perma-
nent remedy necessary, and submitted the bill as tend-
ing to purge the constitution of Massachuset's Bay of
all crudities, and give strength and spirit to the civil
magistracy and executive power.

After a few unimportant observations, and an
explanation from Lord North, informing the House
that nothing in the bill was intended to affect the
legislative power of either the council or assembly,

F 2

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

Lord George
Germaine's
suggestions.

15th April.
Debates on
the bill.

Lord George Germaine expressed a wish that the
minister had made his scheme more extensive. He
approved of the abolition of town-meetings, and de-
clared it highly improper for men of a mercantile cast
to assemble daily, for the purpose of debating on poli-
tical matters ; they should follow their occupations as
merchants, and not consider themselves as ministers of
the country. He recommended that the council of
Massachuset's Bay should be put in the same state
with those of other colonies : the formation of juries
he particularly exposed, as replete with absurdities.
The grand juries were chosen for life, with a yearly
salary; the petty juries were elected annually from
each town ; thus offenders against government were
enabled to insure immunity at the expense of law
and justice. The juries, he said, were totally different
from those of England, and required great regulation.
He wished the council of Massachuset's Bay to be
rendered similar to the House of Lords ; and advised
the adoption of such a system as would obviate the
necessity of asserting the rights of Parliament by
words, while the colonies denied their authority, and
prevented the execution of their laws.

Lord North complimented Lord George Germaine's
propositions as worthy of a great mind, and promised
to reserve them for the consideration of abilities supe-
rior to his own; the charter, he said, ought not to
form an obstacle to the regulation of those defects in
the colonial constitution which prevented the restora-
tion of tranquillity.

Leave being given, the minister, after the Easter
recess, produced his bill, considerably altered from the
outline : the nomination of the council w r as vested in
the Crown ; they were to have no negative voice, nor
were the lieutenant-governor and secretary to be mem-
bers, unless appointed by the King. The general
functions of the council remained almost unaltered,
except in the nomination of judicial officers. The
mode of choosing juries was reformed according to
Lord George Germaine's suggestion ; but Lord North
acknowledged this to be a regulation of peculiar deli-

GEORGE III. 69

cacy, which, if the House required it, he would make CHAP.
the subject of a separate law.

Mr. Dowdeswell said the bill was calculated to 1774.
destroy the charter of the colony. The Americans had
laboured with unwearied industry, and nourished nearly
four-score years, under that democratic charter ; they
had increased their possessions, and improved their
lands, to an unexpected degree; and England "had
reaped the benefit of their labour : yet it was intended
to abrogate that very charter which had so long sub-
sisted to the mutual benefit of England and America.
" The charter," he said, " breathes a spirit of liberty
" superior to any thing either of the former or present
" times : it was granted in King William's days, and
" more adapted to the spirit of a free people than any
" that can possibly be framed by a minister in these."
Applying the metaphor so frequently used of a parent
and child, he compared the conduct of the mother-
country to those perverse and splenetic exertions of
authority in parents, by which evil dispositions in their
offspring are fomented, and lasting animosities im-
planted in the bosoms of both.

Governor Pownall described several points of
American polity, which appeared to be misunderstood,
or misrepresented. He minutely investigated the con-
stitution of Massachuset's Bay, where he had been
governor ; and affirmed the Americans to be a con-
scientious, good, religious, peaceable people, not less
respectable than any in His Majesty's dominions.
The council were elected by the legislature, and not
by the people at large ; the select men were similar to
the aldermen in English corporations. Great incon-
venience would arise from the suspension of town-
meetings, where all municipal business was transacted
till the governor's consent could be obtained ; as the
towns were, in many places, three hundred miles dis-
tant from the capital.

During the progress of this and another act, the
opposition increased in strength and resolution. On
the second reading, a strenuous debate took place : 22nd A P ril -
Sir George Savile considered the measure very doubt-

70 HISTORY OF ENGLAND.

CHAP. ful and dangerous ; doubtful as to the matter and pro-
priety of regulation, and dangerous as to its conse-

1774. quence. Charters were sacred things, and he warmly
deprecated the abrogation of them, without hearing
the parties, or going through a legal course of evi-
dence.

Mr. Welbore Ellis answered, that chartered rights
were by no means so sacred as never to be altered ;
the prerogative of granting them vested in the crown
for the good of the people; if the legislature found
them repugnant to public utility, they had a right to
make them fit and convenient. Parliament would not
take away private property without a full recompence ;
but in public regulation they were entitled to correct,
control, or deprive, as might best suit the general
welfare. With respect to evidence, he deemed the
papers on the table amply sufficient, as they proved
the governor's application to the council for advice,
their neglect ; the petition of the inhabitants to the
council for protection, their contumacious adjourn-
ment for ten days, while the governor was unable to
act without their opinion ; and finally their resolution,
declaring the total insufficiency of their power. This
was evidence competent to ground the bill, which had
no further object than to remedy two defects stated by
themselves : a form of government incapable of pro-
tecting property, ought to be altered.

General Conway said the papers proved nothing,
unless the allegations of the parties inculpated were
heard. He considered this country as the aggressor
and innovator, and not the colonies. We had irri-
tated and forced laws upon them for six or seven years.
They had only acted as every subject would, in an
arbitrary state, where laws were imposed against their
will ; he predicted, from the measure before the House,
certain misfortune, and probable ruin to the country
and its ministers.

Lord North shewed the absurdity of postponing
the assistance to be expected by the subject for a whole
twelvemonth, in expectation of hearing, at the bar, men
who, having disclaimed all obedience to government,

GEORGE 111. 71

would most probably not appear. General Conway ^xiF'

had blamed former measures as tame and insipid ;

now he condemned this as harsh and severe. " The 1774.

" Americans," he said, " have tarred and feathered

" your subjects, plundered your merchants, burnt your

" ships, denied all obedience to your laws and autho-

" rity; yet so clement, and so long forbearing has

" been our conduct, that it is incumbent on us now to

" take a different course. Whatever may be the con-

" sequence, we must risk something ; if we do not, all

" is over."

On the subject of chartered rights, which had been
urged by Sir George Savile, Mr. Jenkinson observed,
that where the right was a high political regulation,
Parliament was not bound to hear the parties; but
only where private property was concerned. Long-
continued opposition to authority, refusal of protection
to His Majesty's subjects, and disobedience of the laws,
had rendered it necessary either to forsake the trade
with America, or to afford it due protection.

Governor Pownall, declaring that he spoke for the
last time on the subject, uttered a most extraordinary
prediction. He said, " The measure you are pursuing
" will be resisted, not by force, or the effect of arms, but a
" regular united system. I told this House four years
" ago that the people of America would resist the tax
" then permitted to remain on them that they would
" not oppose power to power, but they would become
" implacable. Have they not been so from that time
" to this very hour ? I tell you now, that they will resist
" the measures now pursued in a more vigorous way. The
" committees of correspondence in the different provinces
" are in constant communication they do not trust in the
" conveyance of the post-office they have set up a consti-
" tutional courier, who will soon grow up in the super-
" seding of your post-office. As soon as intelligence of
" these affairs reaches them, they will judge it necessary
" to communicate with each other. It will be found in-
" convenient and ineffectual so to do by letters they must
" confer. They will hold a conference and to what these
" committees thus met in congress will grow up, I will not

72 HISTORY OF ENGLAND.

C XXH ' " sa y' Should recourse be had to arms, you will hear
of other officers than those appointed by your go-

1774. " vernor. Then, as in the late civil wars of this coun-
" try, it will be of little consequence to dispute who
" were the aggressors, that will be merely matter of
" opinion." With much particularity he detailed the
acts and proceedings on both sides ; but, having stated
the facts, declined giving opinions.

Mr. Rigby assumed, from these statements, that
America was preparing to arm, and that the delibera-
tions of their town meetings tended chiefly to oppose
the measures of this country by force, and strongly
maintained the right to tax America, although he
would not impose a new tax at this particular crisis.
We had a right to tax them, and to tax Ireland.

From this observation Mr. Fox deduced an infer-
ence, that the time to tax America would be, when all
disturbances were quelled, and the people returned to
their duty; taxes, then, were to be the reward of
obedience, and the Americans, who had been in open
rebellion, were thus to be rewarded for acquiescence.
As to taxing Ireland, however he might agree in the
principle, he could not admit the policy. He con-
sidered America wrong in resisting the legislative
authority of this country ; but " the bill before you,"
he said, " is not what you want ; it irritates the minds
" of the people, but does not correct the deficiencies of
" the government."

Sir Richard Sutton closed the debate, by insisting
that, in the most quiet times, the disposition to oppose
the laws of this country was strongly ingrafted in the
Americans, and all their actions conveyed a spirit and
wish for independence. " If you ask an American,"
he said, " who is his master ? he will tell you he has
" none, nor any governor, but Jesus Christ. The
" opposition to the legislature of this country is a
" determined prepossession of the idea of total inde-
" pendence."

2nd May. On the motion for a third reading, Mr. Dunning,

Slrd'readin the * n a ^ O11 S an( ^ critical review of the proceedings from

the beginning of the session, compared the people of

GEORGE III. 73

Massachusetts Bay to prisoners who had surrendered CHAP.
at discretion, and denied that any proof was adduced,

or even alleged on the face of the bill, which could 1774.
justify the inculpation of treason, or warrant the in-
tended severity. " If there is treason," he said, " there
" are traitors ; let them be discovered, and brought to
" condign punishment." He entered into a long dis-
cussion to prove the charter of Massachuset's Bay not
more defective than those of other colonies, and de-
precated the measure before the House, as tending to
disunite the aifections of the American subjects from
this country ; and, instead of promoting peace, order,
and obedience, to produce nothing but clamour, dis-
content, and rebellion.

The right of Parliament to tax America was ably
vindicated by Sir William Meredith ; and Mr. Stanley,
viewing historically the rise of American government,
showed how those erroneous opinions of independence,
which now claimed correction, had originated.

Mr. Thomas Townshend, although an opposition
member, supported the bill in an honourable and
manly speech. He declared he should consider him-
self the lowest wretch on earth, if he suffered party
prejudices to smother private opinion. Though averse
to meddle with charters, he thought the inconveni-
ences arising from the town-meetings justified a cor-
rective measure. The juries were properly new mo-
delled, according to the constitution of this country.

Colonel Barre, in a long and somewhat diffusive
speech, stated the question to be, whether we would
choose to win over the affections of all the colonies by
lenient measures, or to make war with them. He cen-
sured Mr. Grenville for the stamp act, Mr. Charles
Townshend for the subsequent taxes, and the bills
which were in progress for enforcing obedience. He
termed the military who had quelled the riot in Bos-
ton a lawless soldiery, and the seven or eight who had
been killed, innocent persons, victims of revenge. All
other colonies had displayed the same spirit of resist-
ance, yet resentment was directed against Boston
alone ; but the minister would soon have all the rest

74 HISTORY OF ENGLAND.

CHAP. upon his back. He had supported the Boston port

_J '_ act because he thought it would produce a compromise

1774. for the damage sustained by the East India Company.
Without much apparent relevancy, he spoke of the
law of evidence in France, the case of Galas, the kind-
ness of ladies in Ticonderoga to young officers, and by
that link dragged in an explanation of the circum-
stances through which he no longer belonged to the
military profession. " I think this bill," he proceeded,
" is in every shape to be condemned, for the law which
" shocks equity is reason's murderer. By it you are
" at war with the colonies ; you may march from north
" to south and meet no enemy ; but the people will
" soon turn out, like the sullen Hollanders, a set of
" sturdy rebels. The great minister of this country,
" Lord Chatham, always went cap in hand to all ; his
" measures were lenient and palliative ; but now, in
" the Lords, the phrase was, We have passed the
" Rubicon ; in the Commons, Delenda est Carthago"
He descanted on the nourishing state of French
finance ; it was in every respect superior to ours ;
their establishments were less expensive ; and argued,
that during our contest with the colonies, it was im-
possible that France, more ready and fit to go to war
than we were, should abstain from interfering.

The Marquis of Carmarthen said, that every one
in the world knew the practices carried on in America,
with a direct intention to renounce their dependence.
The opposition which they fomented was a systematic
resistance to every part of the law of this country.
When coercive measures were adopted by government,
they seemed to acquiesce ; but when lenient ones were
the system of administration, they became turbulent
and riotous. It had been said that Lord Chatham
always proceeded on cap-in-hand measures ; his mea-
sures were always understood to be spirited and vigor-
ous, and himself to be the furthest man in the world
from deserving the character which had been attri-
buted to him.

Mr. Rigby cleared himself from the imputation of
having desired to tax Ireland ; General Con way denied

GEORGE III. 75

his ever having maintained that Great Britain had no CHAP.
right to tax America ; he had said that taxation and

legislation had no connexion. As long as the doctrine 1774
of taxing America continued, we should never be at
rest. It would be better to have peace with America
and war with all the world, than war with America ;
because, if the people of that country were at peace
with us, they would contribute to support us in time
of war.

Lord George Germaine maintained that America,
at that time, was nothing but anarchy and confusion.
" Have they any one measure," he said, " but what
" depends upon the will of a lawless multitude ?
" Where are the courts of justice ? Shut up. Where
" are your judges ? One of them taking refuge in
" this country. Where is your governor 1 ? Where
" your council 1 All intimidated by a lawless rabble."
The trial of the military would be but a protection of
innocence.

Mr. Fox never could conceive that the Americans
could be taxed without their consent. No law what-
ever, while their charter continued, would make them
think we had a right to tax them. If a system of
force was to be established, there was no provision for
it, and it did not go far enough ; if it was to induce
them by fair means, it went too far. It was a bill of
pains and penalties, and he wished the House to con-
sider whether it would be more proper to govern by
military force or by arrangement.

The Attorney-General declared, while the sove-
reignty remained in this country, the right of taxing
was never to be surrendered. The charter of Massa-
chuset's Bay w r as a matter of mere legislative power ;
and no authority was given to control our right of
taxation.

Mr. Burke deprecated measures of severity, and
foretold a long series of labour and troubles as sure to
succeed. He recommended a repeal of the tax on tea
as the means of restoring peace and quietness; but,
although the Americans could not resist the force of
Great Britain, a great black-book, and a great many

HISTORY OF ENGLAND.

CHAP. red-coats, could not govern, they would make disturb-
ances never to be quieted.

1774. Lord North, sarcastically deprecating a reference

to natural rights, denied that the bill destroyed any
civil rights ; no military government was established ;
but the civil government was altered. The measure
was adopted as the best at present ; he did not say it
would succeed, but hoped for good consequences ; if
Massachuset's Bay was to be governed by manage-
ment, no other measure appeared so feasible ; and the
return of the Americans to their duty would re-animate
the kindness of the mother-country.

After a few remarks from Sir George Savile, the
bill passed*.

Opposition in It was vehemently opposed in the Upper House ;
LorS USe f but *^ e debates are not preserved -f. A protest in
lithMay. seven articles was signed by eleven peers , and sup-
posed to contain all the arguments of the minority.
Many of its positions are mere recapitulations of state-
ments already advanced in the other house, on the forms
of inculpation, the right of defence, and the sacredness
of charters. The precipitation in passing the bill was
censured ; because, if the numerous land and marine
forces employed could not maintain order in the pro-
vince till their charter could be legally tried, no regu-
lation in that bill, or in any other, could be eifectual ;
and the mere celerity of a decision against the charter
would not reconcile the minds of the people to that
form of government which was to be established on
its ruins. The mode of appointing the council, and
nominating the judges and sheriffs, was objected to as
means of tyranny, injustice, and oppression. The
lives and property of the people were subjected to the
governor and council, without control : and the in-

* 230 against 64.

t An argument in favour of suffering debates to be published may be drawn
from Uiis instance. The protest on the journals, and an able pamphlet, by Dr.
Shipley, bishop of St. Asaph, called " A Speech intended to have been spoken,"
convey all the reasons which could be urged against the measures of govern-
ment, and both appear with an air of authority, while the ministry left their
proceedings to be defended only by the ordinary means of the press ; and their
success in the House was converted into an argument of the impolicy of their
measures.

J The division on the third reading of the bill was 92 to 20.

GEORGE III. 77

valuable right of trial by jury turned into a snare for CHAP.
the public, who had hitherto looked upon it as their

main security against the licentiousness of power. 1774.
Finally, the bill was declared to be intended for the
support of an unadvised system of taxing the colonies,
in a manner new and unsuitable to their situation and
constitutional circumstances. The free grants of the
American assemblies would be far more beneficial, far
more easily obtained, less oppressive, and more likely
to be lasting, than any revenue to be acquired by par-
liamentary taxes, accompanied by a total alienation of
the affections of those who were to pay them. The
contradictions in conduct which had arisen since the
repeal of the stamp act, and the many weak, inju-
dicious, and precipitate steps accompanying that con-
duct, were alleged to have kept up a jealousy which
was subsiding, revived dangerous questions, and gra-
dually estranged the affections of the colonies from the
mother-country, without any object of advantage to
either. To render the colonies permanently advan-
tageous, they must be satisfied with their condition,
and that satisfaction could only be restored by re-
curring to the wise and salutary principles on which
the stamp act was repealed.

While this bill was pending, Lord North intro- isth April
duced another, " For the impartial administration of paW
" justice, in cases of persons questioned for any acts pist
" done, in execution of the laws, or for the suppression JUS
" of riots and tumults in the province of Massachuset's
* " Bay." By this law it was declared, if any person
were indicted in that province for murder, or any other
capital offence, and it should appear to the governor,
by information on oath, that the fact was committed
in the exercise or aid of magistracy in suppressing
tumults and riots, and that a fair trial could not be
had in the province, he should send the person so
indicted to any other colony, or to Great Britain, for
trial. The charges on both sides to be borne out of
the customs in England, and the act to continue in
force four years.

As the bill for regulating the government, and

HISTORY OF ENGLAND.

that for the administration of justice in Massachuset's
Bay, were before the House at the same time, the
arguments of a general nature frequently applied to
both, and the opposition was uniformly conducted.
On moving for leave to bring in this bill, Lord

CHAP.

XXI I.

1774.

Opposition
and debates
in the House

of commons. North expres ^ e( i his hope that it would effectually
secure the province from future disturbances. He
then detailed the principal regulations, and proposed
it as the last measure to be taken by Parliament, after
which vigilance and firmness in His Majesty's servants
would alone be required.

Colonel Barre with reluctance resisted a measure
in its infancy, before its features were well formed,
but blamed himself for his previous moderation. He
supported the Boston port bill, though, in many re-
spects, cruel, unwarrantable, and unjust ; it was a bad
way of doing right, yet right was its object, and he
would not, by opposing it, seem to countenance the
violence which had been committed. But this pro-
position was so glaring; so unprecedented in parlia-
mentary proceedings; so unwarranted by any delay,
denial, or perversion of justice in America ; so big with
misery and oppression to that country, and with danger
to this, that he was alarmed and roused to opposition.
It was proposed to stigmatize a whole people as perse-
cutors of innocence, and incapable of justice; yet no
single fact was or could be produced to ground that
imputation. The instance of Captain Preston and the
soldiers who shed the blood of the people, was de-
cidedly adverse to the proposition ; they were fairly
tried and fully acquitted, and it was an American, a
New England, a Boston jury that acquitted them ;
and Captain Preston had declared, under his own
hand, that the inhabitants of the very town in which
their fellow-citizens had been sacrificed were his advo-
cates and defenders. When a commissioner of the
customs, aided by a number of ruffians, assaulted, and
almost murdered, the celebrated Mr. Otis, did the mob
take vengeance on the perpetrators of this inhuman
outrage against their supposed demagogue ? No. The
law tried them, and gave heavy damages, which Mr.

GEORGE III. 79

Otis generously forgave, on an acknowledgment of the CHAP.
offence. Such were the acts of the Americans, of whom

the minister, in a tone of declamation unbecoming his 1774.
place and character, had declared that we must show
them that we will no longer sit quiet under their
insults. The acts of our government, on the contrary,
had been, for many years, a series of irritating and
offensive measures, without policy, principle, or mo-
deration. " Have not your troops and your ships," he
exclaimed, " made a vain and insulting parade in their
" streets and in their harbours 1 You have studiously
" stimulated discontent into disaffection, and you are
" now goading that disaffection into rebellion. Can
" you expect to be well informed, when you listen only
" to partizans 1 Can you expect to do justice, when
" you will not hear the accused ] " He then examined,
as precedents, the suspension of the Habeas Corpus
act in 1745 the subjecting smugglers to trial in Mid-
dlesex, and the Scotch rebels in England, and declared
them all incompetent to support the present measure.
Proceeding to investigate the military character, the
colonel declared the bill a prelude to insolence and
outrage, and that every passion pernicious to society
would be let loose upon a people unaccustomed to
licentiousness and intemperance. " I have been bred
" a soldier," he observed, " have served long, respect
" the profession, and live in the strictest habits of
" friendship with many officers : but no country gen-
" tleman in the House looks on the army with a more
" jealous eye, or would more strenuously resist the set-
" ting them above the control of civil power. No man
" is to be trusted in such a situation. It is not the
" fault of the soldier, but the vice of human nature,
" which, unbridled by law, becomes insolent and licen-
" tious, wantonly violates the peace of society, and
" tramples upon the rights of human kind." He im-
plored the House not to pursue measures tending to
exasperate the Americans. " Alienate your colo-
" nies," he said, " and you will subvert the foundation
" of your riches and strength. Let the banners of
" rebellion be once spread in America, and you are an

80 HISTORY OF ENGLAND.

" undone people. You are urging this desperate, this
" destructive issue : you are urging it with such vio-
1774. " lence, and by measures tending so manifestly to that
" fatal point, that (but that a state of madness only
" could inspire such an intention) it would appear to
" be your deliberate purpose. You are becoming the
" aggressors, and offering the last of human outrages
" to the people of America, by subjecting them, in
" effect, to military execution. I know the vast supe-
" riority of your disciplined troops over the provincials;
" but beware how you supply the want of discipline by
" desperation. They may be flattered into anything,
" but they are too much like yourselves to be driven.
" Have some indulgence for your own likeness ; re-
" spect that sturdy English virtue ; retract your odious
" exertions of authority, and remember that the first
" step toward making them contribute to your wants
" is to reconcile them to your government."

Mr. Wedderburne explained and defended the
principles of the proposed bill, which was only in-
tended, during a limited time, to procure that which
every one must desire, a fair trial for imputed crime.
He wished, and firmly hoped, that even the idea of our
authority, when known to them, would prevent the
necessity of exercising it. The olive-branch ought to
be carried in one hand, but the sword in the other.
When our authority was once established, he would
drop the point of the sword, and make use of the
olive-branch as far and as much as possible.

Captain Phipps, Mr. Thomas Townshend, and Mr.
Dowdeswell approved of the appointment of General
Gage, and, with some severe censures, rejoiced in the
removal of Governor Hutchinson. Lord North, with
his usual generosity, removed the aspersions from that
gentleman's character, expressing his surprise that
even one member in that house should consider his
removal a part of the merit of the measure. There
never had been a charge against him. He was shame-
fully abandoned in the execution of his duty. Before
this affair, he had desired and obtained leave to return,
and would, before this time, have arrived ; but as the

GEORGE III.

government of the province, in those distracted times,
would, in case of the death of the lieutenant-governor,
who was then dangerously ill, have fallen into the 1774.
hands of the council, he chose rather to stay in that
country. He was acting the part of a faithful servant
of the crown ; was not recalled on account of any mis-
conduct ; but his remaining in America was a proof of
his inclination to fulfil his duty, and entitled him to the
thanks of the House.

Without directly opposing the bill, General Con-
way recommended moderation, and considered the
abandonment of the right of taxation as the only
olive-branch that could be tendered. Mr. Van, on
the contrary, although he believed that, on the re-
quired concession, the Americans would return to
their duty, declared, that if they opposed the present
measure of government, he would, as was done in the
times of the ancient Britons, fire all their woods, and
leave their country open, to prevent the protection
they at present possessed. " If we are likely to lose
" that country," he said, " I think it better lost by our
" own soldiers, than wrested from us by our rebellious
" children."

On its introduction, Alderman Sawbridge, in a 2ist April.
vehement speech, declared he should think himself
highly unworthy a seat in parliament, if he suffered
so pernicious a bill to pass in any stage without his
hearty negative. He termed the measure ridiculous
and cruel, and denied that witnesses against the crown
could ever be obtained from America, " I plainly
" foresee," he said, " the dangerous consequences of
" this act; it is meant to enslave the Americans ; and
" the same minister would, if he had an opportunity,
" enslave England ; it is his aim, and what he wishes
" to do ; but I sincerely hope the Americans will
" not admit of the execution of these destructive
" bills, but nobly refuse them ; if they do not, they
" are the most abject slaves that ever the earth pro-
" duced, and nothing the minister can do is base
" enough for them."

To this vulgar ribaldry Lord North replied with

VOL. II. G

HISTORY OF ENGLAND.

CHAP.

XXII.

1774.

April 26th.
Committee.

6th May.

In the House
of Lords.

great moderation ; he wished to have the measure
thoroughly discussed, and, if bad, rejected. He dis-
claimed every intention of enslaving America, and
declared the assertion to be no better founded in truth
than another, importing that the Americans had seen
their error, and were willing to make reparation to
the East India Company. So far were they from
such sentiments, that letters recently received brought
accounts of renewed acts of violence.

A few other members spoke, and the motion for a
second reading was carried.

In the committee, a debate, rather curious than
important, arose on a clause respecting the appeal for
murder, in which the value of that gothic relic of the
constitution was examined with great freedom, and
impugned and defended with ingenuity and learning.
On the one side, it was treated as an ancient right of
the subject ; on the other, as a barbarous and super-
stitious practice, which exposed a man who had been
once acquitted to a second trial, and was most com-
monly resorted to for as the means of extortion;
being considered only in the nature of a civil suit, the
appeal might be compromised for money.

As the general opinion seemed to be, that, if the
appeal, with its barbarous appendage the trial by
battle, was to be taken away, the repeal ought to be
general, not local, the clause was withdrawn.

On the third reading, the debate was not long or
interesting, and the bill passed by a great majority*.

In the House of Lords, the opposition was similar
to that against the former act. On the third reading,
the Marquis of Buckingham detailed, at considerable
length, his objections. He viewed the transactions
relative to America from the repeal of the stamp act
during his own administration ; and while he laboured
to show the propriety of that measure, stigmatized
the tea-duty as an uncommercial, unproductive, pepper-
corn claim, retained only for the sake of contention.
He particularly objected to the bill in question, that,

* 127 to 24.

GEORGE III. 83

if officers were men of sensibility and honour, their
situation would be worse under the protection of such
a law than without it, as no acquittal could be honour- 1774.
able where the prosecutor had not the usual means of
securing a fair trial.

The bill passed by a great majority* ; but a protest, Protest.
signed by eight peers, and containing very forcible 18thMa >-
statements, was entered on the journals.

The protesting lords said, that, after the variety of
provisions made in the session for new modelling the
whole polity and judicature of the province, this bill
was an humiliating confession of the weakness and
inefficacy of all the proceedings of parliament. By
supposing it impracticable to obtain a fair trial for
persons acting under government, the House was
made virtually to acknowledge the British govern-
ment universally odious to the province. By sup-
posing the case, that such a trial may be equally
impracticable in every other province of America,
Parliament, in effect, admits that its authority is, or
probably may, become hateful to all the colonies.
The bill was described as one of the many experi-
ments toward an introduction of essential innovations
into the government of the empire ; and the protest
concluded by declaring it a virtual indemnity for
murder, and recapitulating the arguments against
the difficulty and hardship of sending parties and
witnesses so far for justice.

The natives of America resident in London again | nd M ^y-
attempted to interest the legislature by a petition ; tion of the
but, if the temper of the- colony had not been ex-
pressed in a manner sufficiently forcible to justify the
proceedings of administration, the terms in which this
extravagant remonstrance was conceived would have
convinced the impartial, that the spirit of opposition
and contempt of government by which the colonists
were actuated, required vigorous repression, or that

* 43 to 12. The partial publication of debates precludes the possibility of
estimating the arguments of the peers who supported administration. The prin-
cipal speakers on that side, were the Chancellor, and the Earls of Buckingham-
shire, Denbigh, and Sandwich.

G 2

84 HISTORY OF ENGLAND.

CH xu' t ^ ie C ^ m f ^e mother-country was reduced to a mere
verbal pretension.

1774. These petitioners deprecated the two bills, as fatal

to the rights, liberties, and peace of America ; com-
plained of the Boston Port act, as a violation of the
first principles of justice and the law of the land, as it
punished without hearing the accused. After des-
canting on the violation of charters, and the proposed
mode of appointing and removing judges, they added
that they perceived a system of judicial tyranny deli-
berately imposed on them, which, from bitter expe-
rience of its intolerable injuries, had been abolished in
Great Britain. The bill for more impartial adminis-
tration of justice was decried as an immunity for mur-
der, of which the soldiery, already taught by the incen-
diary arts of wicked men to regard the people as
deserving of every species of violence and abuse,
would not hesitate to avail themselves. The insults
and injuries of a lawless soldiery, they said, were such
as no free people could long endure ; and they appre-
hended, in the consequences of this bill, the horrid
outrages of military oppression, followed by the deso-
lation of civil commotions, while the dispensing power
given to the governor, advanced as he already was
above the law, and not liable to impeachment from the
people he might oppress, must constitute him an abso-
lute tyrant. They boasted of the loyalty of the colony,
and, throwing all the blame of the late disturbances on
the governor, boldly averred, that, among a people
hitherto remarkable for loyalty to the crown, and affec-
tion for Great Britain, no history could show, nor would
human nature admit of, an instance of general discon-
tent, but from a general sense of oppression. They
wished they could perceive any difference between the
most abject slavery and an entire subjection to a legis-
lature, in the constitution of which they had not a
single voice, nor the least influence, and in which no
one was present on their behalf. They strenuously
urged the principle of taxation by consent alone, assi-
milated themselves to Ireland, and declared the bills
would reduce their countrymen to the dreadful alter-

GEORGE III.

native of being totally enslaved, or compelled into a
contest the most shocking and unnatural with a parent-
state, which had ever been the object of their venera- 1774.
tion and love. They concluded with these words, no
less remarkable for hypocrisy than for resolute contu-
macy : " In a distress of mind which cannot be de-
" scribed, the petitioners conjure the House not to con-
" vert that zeal and affection, which have hitherto united
" every American hand and heart in the interests of
" England, into passions the most painful and perni-
" cious ; most earnestly they beseech the House not to
" attempt reducing them to a state of slavery, which
" the English principles of liberty they inherit from
" their mother-country will render worse than death ;
" and therefore pray that the House will not, by pass-
" ing these bills, overwhelm them with affliction, and
" reduce their countrymen to the most abject state of
" misery and humiliation, or drive them to the last
" resources of despair."

The notion that the repeal of the duty on tea would 1 9th April.
tranquilize opposition, and suppress every disagree- the^epeaTo
ment between the colonies and the parent-state, in- the dut y on
duced Mr. Rose Fuller, an old member of parliament,
and, in general, a supporter of the minister, to move
for a committee, intended to produce that measure ; and
he introduced his proposition with great moderation.

He was seconded by Mr. Pennant, and an animated
debate ensued. The supporters of Mr. Fuller's motion
argued chiefly the importance of retaining the friend-
ship of America, the trivial amount of the tea duty,
the impropriety of founding a claim to real taxation
on mere imaginary or virtual representation, and the
hostile appearance which the legislature must assume
by rejecting the motion. These topics were principally
enforced by Captain Phipps, Stephen Fox, Charles
Fox, Frederick Montague, and Colonel Barre.

On the other side, it was contended that the amount
of the tea duty was not unimportant ; the Americans
would not be satisfied with the repeal of the tax, but
their views extended to an emancipation from all con-
trol ; this was proved by referring to the conduct of

86 HISTORY OF ENGLAND.

CHAP. th e legislature of Massachusetts Bay, long distinguished
' for its rebellious tendency, and the combinations and
1774. illegal proceedings of the people. It was also argued
that the repeal would be taken as an indication of weak-
ness rather than conciliatory tenderness. It was even
remonstrated that a want of unanimity in rejecting
this question would be productive of dangerous conse-
quences, by affording countenance to resistance ; and
firmness and resolution were recommended as the only
means of restoring peace. The speakers on this side
were Mr. Rice, Mr. Cornwall, Lord Beauchamp, Mr.
Buller, the Solicitor-General, and Lord North.
Burke's ceie- Some reflections, in this debate, on the repeal of
speech. the stamp act produced from Mr. Burke one of the
most brilliant specimens of senatorial eloquence which
the records of any age or country can boast. He con-
tended, that, from the period of repealing the stamp
act, the practical right of taxing America ought to
have vanished from the minds of statesmen, and de-
cried the absurdity of continuing a tax merely for the
sake of a preamble to an act of parliament, when five-
sixths of the revenue intended to be raised were aban-
doned. He read a letter written by Lord Hillsborough
when secretary of state for America, upon which he
grounded an inference of an absolute promise that
taxation would not be again attempted. He said, that
from the passing of the Navigation Act till the year
1764, trade, and not taxation, being the object of
England, no attempt had been made to raise a revenue
in America. The first glimmerings of the new colony-
system dawned under Mr. Grenville. Mr. Burke then
depicted, in animated terms, and with considerable
force and discrimination, the talents, politics, and mea-
sures of that minister. Pursuing his history of the
stamp act, its repeal, and the subsequent proceedings,
he delineated, in a similar manner, the Marquis of
Rockingham, Lord Chatham, and his motley adminis-
tration, and Charles Townshend, under whose auspices
the existing American revenue act was passed. By
the subsequent repeal of the whole series of taxes,
excepting that on tea, the revenue was nearly annihi-

GEORGE III. 87

lated, and nothing remained worth a contest, unless it
were the preamble of the act, which declared it was
expedient to raise a revemie in America. He recom- 1774.
mended the repeal of the tax as a measure of policy,
and advised the House, if they afterwards apprehended
ill effects from concession, to stop short, decline reason-
ing, and oppose the ancient policy and practice of the
empire as a rampart against innovators on both sides,
and thus they would stand on great, manly, and sure
ground. " I am not going," he said, " into the distinc-
" tions of rights, nor attempting to mark their boun-
" daries. I do not enter into those metaphysical dis-
" tinctions; I hate the very sound of them. Leave
" the Americans as they anciently stood, and these
" distinctions, born of our unhappy contest, will die
" along with it. They, and we, and their and our
" ancestors, have been happy under that system.
" Let the memory of all actions, in contradiction to
" that good old mode, on both sides, be extinguished
" for ever. Be content to bind America by laws of
" trade ; you have always done it. Let this be your
" reason for binding their trade. Do not burthen them
" by taxes ; you were not used to do so from the begin-
" ning. Let this be your reason for not taxing. These
" are the arguments of states and kingdoms ; leave the
" rest to the schools, for there only they may be dis-
" cussed with safety." If this advice were rejected, he
augured, as a certain consequence, resistance; if the
sovereignty of England and the freedom of America
could not be reconciled, the Americans would cast off
sovereignty, for no man would be argued into slavery.
In reconciling his present opinion with the decla-
ratory act, Mr. Burke appears to have been embar-
rassed ; he attempted a distinction somewhat too subtle
to form a basis of action in government. " The parlia-
" ment of Great Britain," he said, " sits at the head of
" her extensive empire in two capacities ; one as the
" local legislature of this island, providing for all things
" at home, immediately, and by no other instrument
" than the executive power. The other, and I think
" her nobler capacity, is what I call her imperial cha-

88 HISTORY OF ENGLAND.

C XXH " rac ^ er > i* 1 which, as from the throne of heaven, she

" superintends all the several inferior legislatures ; and

1774. " guides and controls them all without annihilating
" any. As all these provincial legislatures are only
" co-ordinate to each other, they ought all to be subor-
" dinate to her. It is necessary to coerce the negligent,
" to restrain the violent, and to aid the weak and de-
" ficient, by the over-ruling plenitude of her power.
" She is never to intrude into the place of the others,
" whilst they are equal to the common ends of their
" institution. But, in order to enable parliament to
" answer all these ends of provident and beneficient
" superintendence, her powers must be boundless.
" Gentlemen who think the powers of Parliament
" limited may please themselves to talk of requisitions.
" But suppose the requisitions are not observed 1
" What ! Shall there be no reserved power in the em-
" pire to supply a deficiency which may weaken, divide,
" and dissipate the whole I We are engaged in war ;
" the secretary of state calls upon the colonies to con-
" tribute ; some would do it ; I think most would cheer-
" fully furnish whatever is demanded ; one or two,
*' suppose, hang back, and, easing themselves, let the
" stress of the draft lie on the others ; surely it is pro-
" per that some authority might legally say, tax your-
" selves for the common supply, or parliament will do
" it for you. This backwardness, as I am told, was
" actually the case of Pennsylvania for some short time,
" towards the beginning of last war, owing to some
" internal dissensions. But, whether the fact were so
" or otherwise, the case is equally to be provided for
" by a competent sovereign power. But then this
" ought to be no ordinary power ; nor ever used in the
" first instance. This is what I meant, when I have
" said at various times that I consider the power of
" taxing in parliament as an instrument of empire,
" and not as a mean of supply." He recommended
lenity, and that policy, not rancour, should be the rule
of conduct. " Let us act," he said, " like men ; let us
" act like statesmen : let us hold some sort of consist-
" ent conduct. It is agreed that a revenue is not to be

GEORGE III. 89

" had in America. If we lose the profit, let us get
" rid of the odium."

By this speech, which was afterwards published, the 1774.
orator acquired great applause, and his party a con-
siderable benefit. The system recommended was spe-
cious, and calculated to captivate by a mixture of
moderation and resolution ; it unfolded many wise
principles of policy, while every gratification was
afforded to the fancy, by playful and elegant sallies of
imagination, expressed in the happiest language, and
illustrated by images irresistibly pleasant : but the ad-
vice it contained was inadmissible ; the time, the unre-
pented aggression of the Americans, the acknowledged
necessity of punishment, and the propriety of restrain-
ing the exertions of disloyalty, forbad the adoption of
a system which, instead of discouraging, appeared to
proffer a premium for opposition to the supremacy of
Great Britain.

The motion was rejected*, and Mr. Rose Fuller, Motion
afterwards, in opposing the bill for regulating the reje
government of Massachuset's Bay, said, " I will now
" take my leave of the whole plan. You will com-
" mence your ruin from this day. I am sorry to say,
" that not only the house has fallen into this error, but
" the people approve of the measure. The people are
" misled; but a short time will prove the evil tendency
" of this bill. If ever there was a nation running head-
" long to ruin, it is this."

The ranks of opposition in the House of Lords were 2? th May.
reinforced by Lord Chatham, who, after absenting ham's speech
himself from parliamentary attendance during the last on American
two sessions, made his appearance on the third read-
ing of a bill for quartering troops in America, and
stated at large his opinions on the proceedings relative
to that country.

He began by observing, that a transient view of
the motives which induced the ancestors of the Ame-
ricans to quit their native land and encounter the dif-
ficulties of unexplored regions in the western world,

* 182 to 49.

90 HISTORY OF ENGLAND.

CHAP, would remove all impressions of astonishment at the
conduct of their descendants. There was no corner

1774. of the globe into which men of their free and enter-
prizing spirit would not fly with alacrity, rather than
submit to the slavish and tyrannical principles which
prevailed at that period in their native country ; and
shall we wonder if the progeny of such illustrious
characters spurn, with contempt, the hand of uncon-
stitutional power, that wotdd snatch from them such
dear-bought privileges as they now contend for 1 ? Had
the colonies been planted by any other kingdom than
our own, the inhabitants would have carried with them
the chains of slavery and spirit of despotism ; but as
they are, they ought to be remembered as great in-
stances to instruct the world what exertions mankind
will naturally make when left to the free exercise of
their own powers. He strongly blamed the conduct
of the Americans in some instances, particularly the
riots in Boston ; but the measures pursued to bring
them to a sense of their duty were astonishing, from
their diametrical opposition to the fundamental prin-
ciples of sound policy. In proof of the gratitude of
the Americans for the repeal of the Stamp Act, and
their sincere loyalty at that period, Lord Chatham
read an extract of a letter from Governor Bernard,
and inferred that the same temper would have con-
tinued, but for the fruitless endeavours subsequently
made to tax them without their consent. From the
complexion of the proceedings, he thought adminis-
tration had purposely irritated them into those violent
acts, for which they so severely smarted, purposely to
be revenged for the victory they gained by the repeal
of the Stamp Act ; a measure in which the ministry
seemingly acquiesced, but, at the bottom, were its real
enemies. What could induce them to dress taxation,
that father of American sedition, in the robes of an
East India director, but to break into the peace and
harmony so happily subsisting ? He advised the adop-
tion of a more lenient plan in the government of
America, as the day was not far distant when Ame-
rica might vie with these kingdoms, not only in arms,

GEORGE III. 91

but in arts. The principal towns in America were

learned and polite, understood the constitution of the

empire, and consequently would have a watchful eye 1774.

over their liberties to prevent encroachment on their

hereditary rights. In support of this opinion he read

an extract from the pamphlet of an American author,

denying the right of the mother-country to tax the

colonies. Affirming this to be his own opinion, which he

would carry with him to the grave, he recommended

the substitution of kindness for rigour. " Instead of

" adding to their miseries," he said, " adopt some

" lenient measures, which may lure them to their duty ;

" act like an affectionate parent toward a beloved child;

" and, instead of harsh and severe proceedings, pass an

" amnesty on all their youthful errors ; clasp them once

" more in your arms, and, I will venture to affirm, you

" will find them children worthy of their sire. But should

" their turbulence exist after proffered terms of forgive-

" ness, I will be among the foremost to promote such

" measures as will effectually prevent a future relapse,

" and make them feel what it is to provoke a fond and

" forgiving parent ! A parent whose welfare has ever

" been my greatest and most pleasing consolation.

" This declaration may seem unnecessary ; but I will

" venture to declare, the period is not far distant when

" she will want the assistance of her most distant

" friends ; but should the all-disposing hand of Provi-

" dence prevent me from affording her my poor assist-

" ance,my prayers shall be ever for her welfare Length

" of days be in her right hand, and in her left riches

" and honour ; may her ways be ways of pleasantness,

" and all her paths be peace ! " Lord Suffolk made a

few observations on this speech, and was answered by

Lord Temple. The bill passed on a division*.

One more law relative to our dominions in Ame- Bil1 for the .
rica occasioned strenuous debates. Since the cession of
Canada, that extensive sovereignty had been governed
by royal proclamations ; no parliamentary system was
established; the customs of the land were not sanc-

* 57 to 16.

92 HISTORY OF ENGLAND.

CHAP. tioned by explicit consent, or meliorated by a more
" perfect form of jurisprudence. Yet the subject had

1774. not lain dormant ; it was often deliberated in the
cabinet ; but the difficulty and danger of deciding on
abstract principles of legislation, and the instability of
administrations, had hitherto prevented effectual pro-
gress. At length, in 1771, the King, by a special
order, directed the reports and papers relative to the
laws and courts of judicature, and the defects in the
mode of governing Quebec, to be referred to the advo-
cate, attorney, and solicitor-general, to prepare a gene-
ral plan of civil and criminal law ; and they were sub-
sequently directed to make separate reports to the
King in council. Every species of information was
resorted to, and diligently compared, and applied in
the formation of these reports, on the basis of which a
bill was framed, " For making more effectual provision
" for the government of Canada."

view of the The first object of the bill was to define the boun-

bilL daries of Canada, which were enlarged to an unex-

pected extent, including all the lands in America not
subject to any previous grant, or comprised in any
charter. The limits, thus extended, stretched from Cha-
leur Bay, along the southern coast of the St. Lawrence,
almost to Crown Point ; they were also carried over
the whole interior country, which lay behind the New
England provinces, together with those of New York
and Pennsylvania, to the borders of Ohio. The boun-
dary line then proceeded westward, through ten degrees
of longitude, to the eastern banks of the Mississippi,
whence it extended northward, to the southern boun-
dary of the land granted to the Hudson's Bay com-
pany, being from about the fortieth to the fiftieth
degree of latitude.

The government of this domain, which appeared
from evidence to be inhabited by about three hundred
and sixty English, and a hundred and fifty thousand
French settlers, was modelled with strict attention to
the habits, prejudices, manners, and convenience of the
people. Abstract theory, as well as national predilec-
tion, would have pointed out the English constitu-

GEORGE III. 93

tion, both in church and state, as the best model for CHAP.

"X ^C TT

the government of Canada: but no wise statesman,
no conqueror, unless a mere predatory tyrant, would 1774.
attempt the rash experiment of forcing on a whole
people a scheme of government, formed at a distance
from their abode, and arranged without a pretence of
consulting their wants, their grievances, their means of
information, or their views of happiness. The system
of mutual representation, mutual reliance, and mutual
responsibility, which forms the basis of the British
constitution, and is admirably adapted to the genius,
the manners, and the commercial and political relations
of the nation, would, if applied to a people living
widely scattered in a thinly inhabited country, and so
educated as to entertain an habitual predilection for
another mode of government, have been a curse instead
of a benefit, a badge of slavery instead of a buckler of
defence. Yet there were points of essential importance
in the British constitution, which a due regard to the
real happiness of the governed would not justify the
governors in omitting.

The Canada or Quebec bill, therefore, granted the
free exercise of the religion of the church of Rome,
subject to the King's supremacy ; and the clergy were
permitted to employ their property, and receive the
accustomed dues from persons professing that persua-
sion ; with a proviso, that the King should not be
disabled from making such provision as he should
think fit for the protestant clergy.

All property was to be held, and all controversies
relative to it among Canadians were to be decided, by
the existing laws of Canada, and without the inter-
vention of a jury; a proviso was made for freeing
estates from feudal entails, and excepting from the rule
all lands granted by the King.

The criminal law of England was instituted, with
trial by jury.

A legislative body was created, consisting of per-
sons resident in Canada, in number not less than
seventeen, nor more than twenty-three, who were to
be appointed by His Majesty in council. They were

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

May 2.
Bill brought
into the
House of
Lords.

12ih.

16th.

17th.

26th May
to ]3th June.
Opposition.

to make ordinances for the government of the pro-
vince, but not to impose taxes ; and their edicts were
to be considered as absolutely repealed, if disapproved
by the King in council. The legislature was also re-
strained from enacting severe penalties for religious
offences, and from meeting at undue seasons of the
year, and without sufficient notices.

Finally, the King was empowered to erect any
courts, criminal, civil, or ecclesiastical, by letters
patent under the great seal.

Lord Dartmouth presented this bill to the House of
Lords. No report is preserved of any debate upon it,
nor does it appear from the journals that any amend-
ment was moved upon which a discussion was likely.
Papers were presented, shewing different ordinances
made by virtue of the King's proclamation, under
which the province was governed ; but they were of no
general importance. In the committee a few alterations
were made ; but not, as it appears, in consequence of any
suggestion from the usual opponents of government.
The only attempt at a material alteration was on the
third reading, when a motion was made for a proviso,
limiting the duration of the law to a period of seven
years, which, after a debate, was rejected ; and, after
some further discussion, the bill passed, and was sent
down to the House of Commons. No petition was pre-
sented, and no protest appears on the journals*.

Probably, this apparent quietude arose from the
opposition party not having, at first, contemplated or
arranged measures of resistance ; for in the lower House
a struggle was strenuously maintained through every
stage, from the first introduction of the bill.

The chief general objections were derived from its
tendency to establish a despotic government, contrary
to the royal proclamation in 1763, and the indecency
of urging a business of so much importance at a late
period of the session, when many members had retired
into the country.

The clause which fixed the limits of the province

* Lords' Journals, vol. xxxiv, at the dates in Hie margin.

GEORGE III. 95

was censured on two grounds ; first, if, in any future CHAP.
war, Canada should be restored to the French, they

would, by the avowal of the British Parliament, derive 1774.
a claim to a territory more ample than they had ceded
at the last peace. We were giving up to Canada
almost all that which was the subject of dispute, and
for which we went to war, calling it the province of
Virginia; but now we were telling the French that
the assertion was merely a pretence for hostilities,
for we then knew, as well as now, that it was part of
Canada. Secondly, if we were to retain the pro-
vince, the enormous addition operated as a griev-
ance on the inhabitants of the planted and chartered
colonies. If, in order to live on what they had ever
esteemed their direct property, they crossed an imagi-
nary line, they found themselves suddenly deprived of
all their own charters, and all the common privileges
of Englishmen, and subjected to an arbitrary system
of French government : this was decried as a violent,
cruel, and odious measure, which tore up justice and
all its principles by the root.

To the argument on the restoration of the colony, Answer.
Mr. Thurlow answered, that the limits of cession were
never dependent on legislative arrangements, but on
the length of the sword : success in war would give
success in peace, and not imaginary lines drawn by a
state for its colonies ; nor had the limits now described
any reference to old Canada ; it was not a restoration
of the limits once claimed by France, but a new scheme,
including countries for which France had never con-
tended.

With respect to the injury to be sustained by the
inhabitants of chartered colonies, it was observed, that
they must voluntarily place themselves in a situation
to receive it ; and it would be extremely imprudent,
in favour of such a supposition, to leave without go-
vernment all the chain of posts already established
by the French through the whole country included in
the bill, and not protected by any law, or defended by
any charter.

Mr. Fox started an unexpected and ingenious ob-

HISTORY OF ENGLAND.

CHAP,
XXII.

1774.

May 31.

Petition of
the Penn
family.

Opposition
on the sub-
ject of reli-
gion.

jection to the reception of the bill. It provided that the
clergy of the church of Rome might hold, receive, and
enjoy their accustomed dues and rights, with respect to
such persons as should profess that religion. As those
words included the receiving of tythes, which were, to
all intents and purposes, a tax on the people of Canada,
it was, he said, contrary to the rules of Parliament,
that a money-bill, for such must this be considered, should
have its origin elsewhere than in the House of Com-
mons. This point was ably and strenuously argued by
Mr. Dunning, Mr. Serjeant Glynn, and some other mem-
bers ; but the difficulty was easily solved by the fact
that the rights of Roman Catholic clergy were guaran-
teed by the definite treaty, and by the irresistible obser-
vation that tythe was not a tax ; it was a new measur-
ing out of land, due at that moment, the subject of an
action at law, the object of exchange or compensation,
as was daily evinced in bills for inclosure or other
improvements : it had never before been called a tax,
and many bills for purposes in which tythe was com-
prehended had originated with the lords. The decision
of the house was adverse to Mr. Fox's opinion ; but he
continued to maintain it, and repeated it when the third
reading of the bill was ordered which fixed the boun-
daries.

Against this part of the bill a petition was pre-
sented on behalf of the Penn family, and, as it was
alleged that they would, by its operation, be deprived
of a portion of their legal estates in Pennsylvania, and
the three lower counties of Newcastle, Kent, and Sus-
sex, in the Delaware, the minister admitted its validity,
and said, it never was the intention of the measure to
affect the just rights of the proprietors or of the
colonies.

The clause allowing the exercise of the Romish reli-
gion was opposed, not so much by direct motions lead-
ing to divisions, although some of these occurred, as
by angry and intemperate observations. Mr. Wil-
liam Burke described the bill as the worst that ever
engaged the attention of a British council ; to esta-
blish the popish religion, was to establish despotism.

GEORGE III. 97

In some instances we had, as far as we were able, CHAP.

established freedom ; but to establish Popery, to esta-

blish despotism in a conquered province, was what we 1774.
had never done before. To aid the cause of prejudice,
when argument was wanting, Colonel Barre said, the
bill was Popish from the beginning to the end. The
lords, with whom it originated, were the Romish
priests, who were to give his Majesty absolution for
breaking the promise made in the proclamation of 1 763.
On the motion that it should pass, Mr. Howard de-
nounced it as a most abominable and detestable mea-
sure, tending to introduce tyranny and arbitrary power
in all the colonies ; to give a further establishment to
Popery ; to annul the bill of toleration, and to destroy
the act of Habeas Corpus. It was a money-bill, and
no treatment too contemptuous could be applied to it.
The Speaker ought to throw it over the table, and
somebody else should kick it out at the door. On the
part of government, it was denied that the Romish
religion was established ; it was tolerated. Some dis-
tinction between toleration and establishment, but
nothing of importance, was urged, nor any amendment
attempted, except in the form of one of the prescribed
oaths. An effort was made to excite popular prejudice, Petit i on f rom
and the corporation of London, in a petition against the city.
the bill, did not forget to remind the King, that the
Romish religion was idolatrous and bloody, and that
his illustrious family was called to the throne, in con-
sequence of the exclusion of the Roman Catholic
ancient branch of the Stuart line, under an express
stipulation to profess and maintain the Protestant
faith.

The continuance of the French law, dispensing opposition on
justice without a iury in civil, while the English code the subject of
J j law -

was granted in criminal cases, occasioned numerous

and violent debates. The opposition insisted, that by
this distinction, a complete despotism was established :
the King, by mixing his English with French sub-
jects, and involving both in the same law, obtained
over both all the powers of a French king : he might
even, if he pleased, imprison by Lettres de Cachet.

VOL. II. H

HISTORY OF ENGLAND.

CHAP.
XXH.

1774.

Petition of
the Canada
merchants
in London.

Evidence.

The privation of the trial by jury, in civil cases, and
of the Habeas Corpus, was represented as an intolerable
hardship.

The merchants of London trading to Canada peti-
tioned against this part of the bifl, as tending to
render their property less secure, and were heard by
counsel. Two merchants* were produced as witnesses,
who stated, that the people of Canada were highly
pleased with the trial in civil causes ; and that a dis-
continuance of it would be of great prejudice. On
the other hand, five witnesses were examined, some of
whom had been long resident, and filled important sta-
tions in the colony J 1 ; from their information it gene-
rally resulted, that the Canadians, though highly pleased
with the British form of criminal jurisprudence, had
an insurmountable disgust to the decision of civil
causes by a jury.

The enormous expense of that mode of trial in a
country thinly inhabited; the difficulty of obtaining
the attendance of jurors, and the amount of their
travelling charges and maintenance, were successfully
urged as reasons against the establishment. An at-
tempt was made during the progress of the bill to
obtain a right for either party in a suit to demand a
trial by jury, but without effect. The general argu-
ments relative to tyranny, and the want of the Habeas
Corpus, could not, it was observed, be decided on mere
suppositions ; time would discover, and the legislature
of the colony would announce, whether the King did
in fact imprison his subjects by Lettres de Cachet, and
whether they felt any real grievance from the non-in-
troduction of a new writ, incompatible with the forms
of that law by which they preferred to be governed.

* Edward Watts and Samuel Morin.

t They were General Carleton, governor of Canada : Mr. Maseres, cursitor-
baron of the exchequer, late attorney-general of the province, and agent to the
English inhabitants ; Mr. Hey, chief-justice of the province ; Mr. Lothbiniere, a
French gentleman of considerable property ; and Dr. Marriott, the king's advo-
cate-general. Some ill temper was displayed in examining these gentlemen,
particularly General Carelton and Dr. Marriott ; but they both, Dr. Marriott
especially, evinced a dignified calmness and self-possession which frustrated all
attempts to expose their evidence to censure, or to extract from them any improper
disclosures.

GEORGE III. 99

It was also successfully urged, that if tyranny were
the aim of the bill, the means taken to establish it

were singular and unapt ; a government by law was 1774.
substituted for one purely optional, and the King's
power of ruling by proclamation was abolished by act
of parliament.

Many objections were made against vesting the
legislative power in the governor and council alone,
without an assembly, as in other colonies. But the
extreme absurdity of a pretended election, the rights
of which should reside in three hundred and sixty
persons, while the number governed was upwards of
a hundred and fifty thousand, was an irrefragable argu-
ment against the proposition for establishing a repre-
sentative senate. It was also proved in evidence, that
the Canadians were not desirous of being represented
in any assembly ; and, from the aspect of the times,
policy dictated that they should, as little as possible,
be placed in the same situation with the other pro-
vinces of America.

Some members attempted to fix a limit to the
duration of the act; but it was answered, that,
being one of experiment, it could not in its nature
be supposed to be permanent ; when time had en-
abled the Canadians to appreciate its merits and
defects, Parliament, in answer to petitions, or from well-
authenticated information, could alter, amend, or re-
peal such portions as expediency might require.

As several alterations were made in the bill, it ^ eb 1 i | ) te ^ in
became necessary to return it to the upper house. i7thJune.
Although in a less exceptionable form it had passed
almost without opposition, yet its principles were now
strenuouly resisted. Lord Chatham recapitulated all
the objections used in the House of Commons, and
called it the child of inordinate power. It would in-
volve this country in a thousand difficulties, shake the
affection of all his majesty's subjects in England and
Ireland, and finally lose him the hearts of all the Ame-
ricans. He invoked the bench of bishops to resist a
law by which the Roman Catholic religion would
become the establishment of a vast continent, and in-

H 2

100

HISTORY OF ENGLAND.

CHAP.
XXII.

1774.

June 22nd.
Petition to
the King.

Other acts of
Parliament.

May 18.
Debates on
the Budget.

sisted that Parliament had no more right to alter the
oath of supremacy, than to repeal the Great Charter,
or the Bill of Rights. Lord Dartmouth and Lord
Lyttelton defended the bill, but with no new argu-
ment*. The corporation of London having resolved
to petition the King to refuse his sanction, the Lord
Mayor, with several aldermen, the Recorder, and a
great many members of the common council, attending
at St. James's just as the King was going to the house,
was informed, that as the petition related to a bill
agreed on by the two houses of Parliament, of which
his Majesty could not take notice until it was presented
for his assent, they were not to expect an answer]*.

During this long and active session, many other
objects of public importance were agitated in parlia-
ment. The House of Lords, by reversing a decree of
the Court of Chancery, established the principle that
booksellers have not a perpetual right in the copies
of works which they possess by assignment from their
authors. In producing the financial statement, com-
monly denominated the Budget, Lord North forcibly
exposed the fallacious statements which had been
made of the flourishing state of the French reve-
nue; ridiculed most happily the specious orators
who, fortified by a little information, picked up at
random, in a country, where, for want of a representa-
tive body, few, very few indeed, possessed any real
knowledge on the subject, pretended to advance facts
and draw comparisons, the one unfounded, the other
incorrect. Colonel Barre, considering, and he could not
be mistaken, that these remarks were levelled at him,
made an answer full of strenuous reflections. Mr.
Burke supported some of his assertions, but totally dis-
claimed those which depicted the flourishing state of
the French treasury. Mr. Dempster and governor
Johnstone also attacked the minister ; he neither replied
nor was supported, but his resolutions were agreed to.

* It was carried, 26 to 74.

t In revising this portion of my work, I have derived much assistance from
Sir Henry Cavendish's Reports of the debates on this bill in the House of
Commons, forming a specimen of a publication, intended to be produced by Mr.
Alright, of all the debates in that parliament, from 1768 to 1774.

GEORGE III. 101

Several beneficial regulations were made in the gold
coin, pursuant to the suggestion in the King's speech.
A committee was appointed to consider and report on 1774.
the state of the linen and woollen trades, and an act Gold coin -
passed for the relief of insolvent debtors, and prisoners
incapable of paying their fees.

In terminating the session, the King applauded 22nd.
the Quebec act, as founded on the clearest principles Kin s" s speech

/ . , . . ITT T i r . on concluding

of humanity and justice, and calculated to produce the the session.
best effects in quieting the minds and promoting the
happiness of the Canadians. He lamented the dan-
gerous spirit of resistance displayed by the people of
Massachuset's Bay, but approved the measures adopted
by Parliament to restrain them. He said, " The tem-
" per and firmness with which you have conducted
" yourselves in this important business, and the general
" concurrence with which the resolution of maintaining
" the authority of the laws in every part of my domi-
" nions has been adopted and supported, cannot fail of
" giving the greatest weight to the measures which have
" been the result of your deliberations. Nothing that
" depends on me shall be wanting to render them effec-
" tual. It is my most anxious desire to see my deluded
" subjects in that part of the world returning to a sense
" of their duty, acquiescing in that just subordination to
" the authority, and maintaining that due regard to the
" commercial interests of this country, which must ever
" be inseparably connected with their own real prospe-
" rity and advantage."

102 HISTORY OF ENGLAND.

CHAPTER THE TWENTY-THIRD.
17731774.

Disposition of the people in Massachuset's Bay Arrival and
effect of the Boston port act. The cause of Boston espoused
in several colonies. The assembly of Massachuset's, Bay
removed to Salem. Their address to the governor. Mem-
bers appointed to a general congress. Recommendations
to the people. Dissolution of the assembly. Town-meet-
ing at Boston. Address of the merchants and freeholders
of Salem to the governor. Solemn league and covenant.

Efforts at conciliation. Drafts of the other bills arrive.

their effect. Arrival of troops. Alarm on placing a
guard at Boston Neck. New council formed. Juries and
law officers refuse to act. Militia disarmed and stores
seized. Public resentment, Boston Neck fortified. Out-
rages of the people. They arm. Suffolk Meeting- 1 - their
resolves and remonstrance. Gage's answer. The Assem-
bly meet in defiance of the Governor resolve themselves
into a provincial congress their remonstrance. Gage's
answer and proclamation. Sitting of the general congress
at Philadelphia. Formation. Mode of voting. Secrecy
in debate. Detached proceedings. Declaration of rights.

Association Address to the people of Great Britain.
To the colonies. To the people of Quebec. Petition to
the King. Instructions to their agents. Dissolution.
Observations on their proceedings. Effects of the congress.

Royal proclamation. Insurrection at Rhode Island, and

in New Hampshire.
CHAP.

xxiii. IF it was expected that mere legislative ordinances

could subdue or even restrain the people of Massachu-
se t' s Bay, in any case where their apprehensions were
5 or their passions excited, their character and

set's Bay." temper must have been grossly misunderstood. Their

GEORGE III. 103

disregard of laws where obedience could not be en- CHAP.

forced, had been recently displayed, in other instances \

beside those which immediately called for the late enact- 1774.
ments of the legislature. During the agitation res-
pecting the Stamp-act, every supposed friend to that
measure was subjected to all kinds of violence. The
dwellings of Mr. Oliver, Governor Hutchinson, and
Governor Barnard, were broken into, their plate and
valuable property purloined, their papers and manu-
scripts burnt, their houses destroyed, and their lives
put into imminent danger. At that period, the people
of Boston had began to shew a disposition to excite
strong political feelings and a contempt of the superior
orders, by calling meetings under the tree of Liberty,
and styling themselves the respectable populace*.
Before intelligence of the parliamentary proceedings
could be received, the people of this province mani- contumacious
fested a disposition to exasperate the mother-country Massachusetts*
by repeated outrages. Tea ships which arrived after Bay -
the destruction of the first cargoes, were treated in a
similar manner ; a post-office was projected to rival
the government establishment; and the assembly,
before their dissolution, found a new subject of contest
with the governor, by resolving to continue Dr. Franklin
their agent, although Hutchinson refused to ratify the
appointment, or sanction the law for paying his salary.
The governor was succeeded by General Gage, who General Gage
was married to an American lady, had long commanded vernor. tec
the troops in the province, and was respected for his
prudence and urbanity. The auspices under which he 13th Ma y-
commenced his office were most discouraging, for some
inhabitants of Boston, attempting the customary civility
of a complimentary message to the ex-governor, their
proceeding was protested against by many of the
citizens, and the populace expressed their hatred and
contempt by hanging him in effigy. General Gage,
however, received the usual honours from the council,
magistrates, clergy, military and town officers.

* State Papers, 1765 and 1766.

104

HISTORY OF ENGLAND.

CHAP.
XXIII.

1774.

Arrival and
effect of the
Boston port
act.

14th May.
Town meet-
ing.

The Boston port act was already arrived, and re-
ceived with a mixed sensation of indignation and
terror. The severity of its enactments* appalled the
factious, and the uncertainty whether the other colonies
would join in the cause, or take advantage of their
situation, produced anxiety and consternation. The
resolves of a meeting, held to take the act into con-
sideration, no longer breathed the haughty and
impetuous tone of former days, but indicated fear,
hesitation, and irresolution. They declared, if the
other colonies would decline all commercial intercourse
with Great Britain and the West Indies till the repeal
of the obnoxious act, their resolution would prove the
salvation of North America, and her liberties ; but
otherwise, fraud, power, and the most odious oppres-
sion, would rise triumphant over right, justice, social
happiness, and freedom. The impolicy, injustice, in-
humanity, and cruelty of the law, exceeded all their
powers of expression, and they left it to the just cen-
sure of God and the world. Copies of this vote were
transmitted to all the colonies ; the act of parliament
was printed on paper bordered with black, hawked
about the streets as a barbarous, cruel, bloody, and
inhuman murder, and in some places burnt with great
solemnity.

Measures equally bold and judicious had previously
been taken by the people of Boston to unite others in
their cause. On the destruction of the tea ships,
expresses were dispatched to New York, Philadelphia,
and other provinces, relating what had taken place,
and assigning for it plausible and seductive reasons.
If the British Government, they said, intended that a
duty should be paid on the commodity, they were

* By this act it was ordained, that from the 1st of June, 1774, no person
should receive or discharge any cargo or lading at the harbour of Boston, on pain
of forfeiting the goods and the vessel ; and any wharfinger who permitted such
lading or discharge at his wharf, was to forfeit treble the value of the cargo,
computed at the highest price, together with the craft employed. No vessel was
allowed to moor within the harbour, or to be seen hovering about the bay, after
six hours' notice, on pain of forfeiture. Several penalties were inflicted to
prevent collusions, and the act was to continue in force till satisfaction made to
the East India Company, and till it should appear to the King in council that the
people of Boston were submissive to law and good order.

GEORGE III. 105

doing that against which the voice of the whole con- xxm'

tinent had been pronounced, raising a revenue from. _ '_

the people without their assent; if not, a monopoly 1774.
would be created, equally adverse to the principles of
liberty and of commerce. The mercantile body adopted
these opinions with zeal and earnestness, in both the
great provinces to which they were most particularly
addressed. In Philadelphia a general ferment was
created, and in New York inflammatory papers were
distributed, tending to excite opposition to the sending
of teas ; but still a more subdued spirit had consider-
able prevalence. Even in Massachusets itself, a num-
ber of respectable persons expressed a desire that the
people of Boston should be made to compensate for the
violence they had committed. Forty inhabitants of
the town of Plymouth published a protest, expressing
abhorrence of rebellious proceedings and attachment
to the British government; but the mercantile and revo-
lutionary parties were most numerous, active, and
likely to prevail.*

But if apprehensions of the conduct of other colonies 24th May.
existed, the horrors of suspense did not long continue. Boston" 86 f
Virginia, where ardent principles had before been so espoused by
strongly displayed, was forward to make common Vur s inia -
cause with Boston, and even to urge bolder measures
of opposition and resistance than the complaining
party had contemplated. In the house of Burgesses
the chief influence had been enjoyed by Mr. Henry,
Mr. Henry Lee, Mr. Francis Lee, Mr. Carr, and Mr.
Jeflerson, who in the preceding year, when Lord Dun-
more dissolved them, met with a few more at a tavern,
and, as one of their body asserts, originated the plan of
corresponding committeesf . The act arriving during
a session, a small number of members, agreeing that
they must boldly take an unequivocal stand in the line
with Massachusets, met in the council chamber, for the
sake of the library which it contained. Finding it neces-
sary to arouse the people from the lethargy into which

* State Papers, Letter of General Haldimand, 5th Jan. 1774.
t Jefferson's Memoirs, vol. i. p. 4. The invention has been claimed by Mas-
suchusets ; but Mr. Jefferson's denial is positive and circumstantial.

106

HISTORY OF ENGLAND.

CHAP.
XXIII.

1774.

Assembly
dissolved.

Annual
congress re-
commended.

'20th May.
Proceedings
in Philadel-
phia.

24th May.

And other
colonies.

they had fallen as to passing events, they devised the
appointment of a day of general fasting and prayer, to
call up and alarm their attention ; such a solemnity
had last existed in the days of their distresses in the
last war, since which a new generation had grown up.
They consulted Rushworth for the revolutionary pre-
cedents and forms of the Puritans of that day, and by
his aid framed a resolution, somewhat modernizing the
phrases, for appointing the first of June, on which the
act was to commence, for a day of fasting, humiliation,
and prayer, " to implore Heaven to avert from them the
evils of civil war, to inspire them with firmness in sup-
port of their rights, and to turn the hearts of the King
and Parliament to moderation and justice*."

Such an encroachment on the governor's preroga-
tive as the appointment of a fast without his concur-
rence, combined with the motives of the proceeding,
induced him to dissolve the assembly ; but eighty-nine
of the members signed an association, denouncing the
attempt to compel one of the sister colonies to submit
to arbitrary taxes, as an attack upon all British Ame-
rica; and recommending their committee of corres-
pondence to communicate with other committees on
the expediency of appointing deputies from the several
colonies to form annually a general congress, and deli-
berate on measures conducive to the united interests
of America. This paper avowed that other measures
were in contemplation, and expressed a hope that
Great Britain would not, by persisting in the system of
arbitrary taxation, compel them reluctantly to relin-
quish all commercial intercourse.

The people of Philadelphia, excepting thequakers,
agreed to suspend all business on the first of June, as
an expression of sympathy, and in order to gain an
opportunity of reflecting on the precarious situation of
American rights. They also held a town-meeting,
passed resolutions in reprobation of the act, and in fa-
vour of a congress, and entered into a subscription for
relief of the suffering inhabitants of Boston ; several

* Idem, p. 5, whose own words have been preserved. And for a general ac-
count of proceedings in Virginia, Sparks' Life of Washington, vol. i. p. 122.

GEORGE III. 107

other colonies subsequently adopted similar resolutions, xx'
and their cause was espoused with an ardour equal to

their most sanguine wishes*. 1774.

Meanwhile the assembly of Massachuset's Bay met 26th May.
for the last time at Boston, and proceeded to the elec- ofthTas-
tion of a council on the day prescribed by their charter. !t mbl y f
General Gage opened the session, by expressing his set's Bay.
inclination to concur in all measures tending to the
welfare of the province, but announced the necessity of
removing the general court to Salem. They petitioned
him to set apart a day for general fasting and humilia-
tion, with which he refused to comply, considering it
only meant to afford an opportunity for diffusing sedi-
tion from the pulpit; and, apprehending the ill effects
of protracted debates, he adjourned the legislature to
the seventh of June, then to meet at Salem.

In this interval, the people had the satisfaction of Effe , ct f *

,. fy, f r . , i T conduct ol

learning that their sufferings occasioned general mdig- other coio-
nation, and the fast on the first of June was almost mes *
every where strictly observed. Measures were gene-
rally adopted for contravening the interests of Great
Britain ; the wish for a congress was widely diffused,
and the province of Maryland even instructed the
lawyers not to commence suits for recovery of debts
due to inhabitants of Great Britain, till the Boston
port act should be repealed.-!*

Animated by these assurances, the legislature took 9tl1 Ju e -

,, ,. . f . ,,. , Address to

the earnest opportunity of insulting the governor, un- the governor
der pretext of answering his speech at the commence-
ment of the session. Their address began with ordi-
nary felicitations, but, in its progress, expressed a hope,
that his administration, in principles and conduct,
might be a happy contrast to that of his two immediate
predecessors. General Gage, interrupting the chair-
man of the committee, who read the message, refused
to receive such indecent reflections on governors whose
conduct had been approved by the King, after a
trial and acquittal before the privy-council ; they were

* An account of the proceedings in New York, with some sensible observations
on t hem, is in the Life of Gouverneur Morris, by Jared Sparks, vol. i. p. 22.

t A protest against this resolution was signed by a respectable body of
merchants.

108

HISTORY OF ENGLAND.

CHAP.
XXIII.

1774.
13th June.
Members
appointed to
congress.

Committee
appointed to
frame recom-
mendations.
17th June.

Dissolution of
the assembly.

an insult on his Majesty, the lords of the council, and
himself.

The house of representatives next appointed a com-
mittee for a general congress, selecting for that pur-
pose five of their body who were most conspicuous in
opposition ; and voting five hundred pounds for their
use, out of the treasury. In this appropriation of the
public money, they exceeded their authority, and, the
governor refusing his assent to the vote, they recom-
mended a levy to that amount, by equitable appor-
tionments, among the towns and districts of the
province.

A prorogation or dissolution of the assembly being
anticipated, a committee was appointed to prescribe
rules of conduct to the people, under the form of re-
commendations, which, in the actual state of opposition,
would have the effect of laws. They speedily presented
a report, stating that their colony, as well as others in
North America, had long been struggling under the
heavy hand of power ; their dutiful petitions for re-
dress of intolerable grievances were disregarded, and
the design totally to destroy the free constitution of
America, to establish arbitrary government, and reduce
the inhabitants to slavery, appeared to be more and
more fixed and determined on : the inhabitants were
therefore recommended, until redress should be ob-
tained, to discontinue the consumption of tea, as well as
of all other merchandizes imported from India and
Great Britain ; and encourage to the utmost the manu-
factures of America.

Although the committee intended to keep their
proceedings profoundly secret, and deluded the gover-
nor by a pretence of being employed on conciliatory
measures, they could not prevent the disclosure of their
real intention, and General Gage dispatched the secre-
tary to the court-house to dissolve the assembly. The
officer, finding the doors locked, transmitted the in-
formation to the speaker, that he was charged with a
message to the house ; the assembly, however, refused
to open the doors ; and the secretary, in presence of
several members, proclaimed on the stairs the dissolu-

GEORGE III. 109

tion of the general court. They, however, considered CHAP.
the passing of their resolutions as a material advantage

gained over the governor. 1774.

Notwithstanding the dissolution of the legislative Town meet-

i j j." -U ij t. T> v mg at Boston.

body, a town meeting was held at Boston, where reso-
lutions were passed, and ordered to be transmitted, by
the corresponding committees, to other colonies, con-
taining assurances of the zeal and activity prevailing
in Massachuset's Bay, and the general anxiety to meet
in congress ; a measure which, they affirmed, would
compel Great Britain to acquiesce in the terms they
should propose.

At Salem, the merchants and freeholders presented i 8t h June.
an address to the governor, personally complimentary, Address of
but highly censuring the measures he was deputed to chLitsof sa-
support. They commiserated the people of Boston, lemtothe

* * * governor.

and declined availing themselves of the advantages
tendered by the act, by removing trade from the capital
to their town. They said, " Nature, in the formation
of their harbour, forbad a rivalship with the convenient
mart of Boston, and, were it otherwise, they must be
dead to every idea of justice, lost to all feelings of hu-
manity, could they indulge one thought to acquire
wealth, and raise their fortunes on the ruin of their
suffering neighbours." They spoke in high terms of
the hardships encountered by their ancestors, who, " to
avoid oppression, braved every danger, and began a
settlement on bare creation ; in a dreary wilderness
filled with savage beasts, and yet more savage men :"
and complained of the hardships endured by themselves,
the progeny of such ancestors, in being " checked and
dishonoured for exhibiting proofs of that spirit which
in their fathers produced such astonishing effects."
They ardently wished for a happy union with the
British empire, and would gladly adopt every measure
compatible with the dignity and safety of British sub-
jects. The governor, in his answer, assured them of His answe-.
his sympathy with the people of Boston, and of the
good-will of Great Britain toward her colonies ; but
the mother-country, retaining her ancient spirit, found
it necessary to support her rights, as head of the empire,

110

HISTORY OF ENGLAND.

CHAP.
XXIII.

1774.

Solemn
league and
covenant.

20th June.
Gage's pro-
clamation.

Efforts at
conciliation.

Gth July.

not by checking the free spirit which the colonists de-
rived from their ancestors, but by inculcating that due
obedience to the King and Parliament which their
fathers had acknowledged.

By the activity of the corresponding committees,
a general association was framed throughout the con-
tinent, which, in the puritanical phraseology of the
preceding age, was called A Solemn League and
Covenant. In this compact, the parties, " from a con-
sciousness that no other means existed of avoiding the
horrors of slavery, or the carnage and desolation of
civil war ; in the presence of God, solemnly, and in
good faith," covenanted to suspend all commercial
intercourse with Great Britain, till the Boston port act
should be repealed, and restoration made of their char-
tered rights : not to purchase or consume any goods or
merchandize from Great Britain, after the last day of
August ; to have no dealings with persons who should
break this agreement ; but to publish their names as
enemies to their country, and cut off from all social
intercourse. This solemn league and covenant was
received with the utmost alacrity by the people of
Massachuset's Bay. In vain did General Gage issue
a proclamation, forbidding such unlawful and traitorous
combinations, and commanding all magistrates and
other officers to apprehend persons publishing or
tendering them for signature : his orders were disre-
garded, and the compact generally received.

Amidst the exertions of opposition, some efforts
were made which had a tendency to reconciliation.
An address was presented to the governor, signed by a
hundred and twenty gentlemen and merchants of
Boston, containing a disavowal of lawles violences, and
lamenting that he was not intrusted with a discretionary
power of restoring commerce to its ancient course,
without the loss of time which must be occasioned by
a reference to the King in council. The justices of the
general session, on their meeting in the county of
Plymouth, beside their congratulations to Gage on his
appointment, expressed serious concern at seeing the
inhabitants of some towns influenced by persons calling

GEORGE III. HI

themselves committees of correspondence, and, with CHAP.
the encouragement of some whose business was to
preach the gospel of Christ, and inculcate principles of 1774.
loyalty and obedience, entering into a league, calculated
to increase the displeasure of the Sovereign, exasperate
the parent-country, and interrupt and destroy the har-
mony of society. An attempt was made by the opulent
inhabitants of Boston to procure the passing of reso-
lutions for indemnifying the East India Company, and
for dissolving the committee of correspondence ; but
their exertions were over-ruled by a large majority of
the lower class.

All conciliatory endeavours were finally frustrated Drafts of the
by the arrival of drafts of the bills for altering the other bills

f /> ,, . . ' arrive.

charter, reforming the course of justice, and quartering
soldiers in the colony. These bills being printed, and Their effect.
actively and profusely distributed in all parts of the
continent, completed the exasperation against the
government of England. All opposition to the popular
cause was suppressed by clamour and violence : the
inhabitants of Boston were considered martyrs for
liberty, and subscriptions were opened for their relief.

General Gage, fully appreciating the dangers and Arrival of
difficulties of his situation, and knowing the inefficacy, troops.
in times of popular commotion, of all appeals to the mu-
nicipality or the legislature, ordered to Boston some re-
giments of foot, with a detachment of artillery, who were
encamped on the common, They were reinforced by
troops from Great Britain and Ireland ; but he soon
found the usual artifices of the colonists employed, and
desertion frequent and much encouraged. To check 15th July,
this dangerous spirit, he first issued a proclamation, ^J "
offering pardon to those who should return to their duty guard at
within a limited time, and denouncing punishment BostonNeck -
against those who refused compliance; and he placed a
guard at Boston Neck, a narrow isthmus, which joins
the town with the country. This proceeding, moderate
in itself, and dictated by necessity, was made the subject
of alarm to the whole colony, and magnified into a
design of intercepting communication, and by famine
compelling the inhabitants of Boston to comply with

112 HISTORY OF ENGLAND.

the views of government. Such was the effect of these
insinuations, that the people Worcester assembled in
1774. arms, and deputed persons to inquire into the fact ; to
assure the people of Boston of the assistance of several
thousand armed men in case of necessity : and at the
same time to caution them against the baseness of sur-
rendering their liberties, as such an act would be disa-
vowed by the country*.

Au t In the midst of this general ferment, the acts for

New Council altering the charter and regulating judicial pro-
ceedings were promulgated. Of thirty-six members
appointed by the King to form a colonial council, only
twenty-four would be sworn ; and of these many were
subsequently obliged, by threats and injuries, to resign
their commissions. They issued writs, however, ac-
cording to the statute, for convening an assembly in
October.

Proceedings in the courts of justice were also sus-
pended, for jurors refused to take the oaths under the
new judges and the new laws ; and the inferior officers,
with all due humility, implored pardon in the public
papers for having issued warrants to summon juries ;
even if their country forgave them, they said, they
could never forgive themselves. The prohibition to
call any public meeting which was contained in the
new statute, was ingeniously evaded; before its arrival,
the town meeting was adjourned to a given day, so
that when it reassembled it could not be said to have
been called ; and thus from time to time its existence
was protracted. If this contrivance was found insuffi-
cient, the members made a pretext of electing public
officers, or even of assembling peaceably, without noti-
fication, on their own private affairs ; and when these
artifices were detected, they could not be restrained,
for the statute imposed no penalties^.

Disaffection and tumult spread on every side ; the

* Beside the passages already referred to, these proceedings are particularly
related, with observations, in the life of General Washington by Jared Sparks,
vol. i. p. 123; Jefferson's Memoirs, vol. i. pp. 6, 105, 119; and Marshall's
Life of General Washington, vol. i. p. 168, 169 ; and facts and observations are
derived from numerous dispatches in the State Paper Office.
t General Gage to the Secretary of State, 2nd September.

GEORGE III.

113

reign of law was dissolved, and General Gage, appre-
hending more serious consequences from force, took
the opportunity of a general muster of the militia, to
deprive them of their ammunition and stores, which
he placed under special custody, and removed to Bos-
ton all those which had been deposited at Charlestown,
Cambridge, and Medford. These measures were not
adopted without clamour and threats of resistance;
destruction of their houses, and abuse of their persons,
awaited the friends of government ; and even the go-
vernor's company of cadets, composed wholly of gentle-
men, and supposed to be entirely attached to govern-
ment, suddenly disbanded themselves, and returned
their standard.

Yet the governor did not lose his firmness, or aban-
don his cause. The select men of Salem having, in
defiance of the new laws and of repeated admonitions,
proceeded according to their ancient custom to the
election of town-officers, he issued orders for appre-
hending them; but before the command could be
executed, the meeting was dissolved. Seeing the indis-
pensable necessity of separating the troops from the
people, he resolved to fortify Boston Neck, and to erect
barracks ; but such was the effect of the spirit which
animated all ranks, and of the exhortations by which
they were daily inflamed, that, although artizans were
reluctantly engaged, the people impeded the projected
works by various petty manoeuvres ; they burned a
quantity of straw, sunk boats laden with bricks, and
overturned carts employed in conveying wood for the
use of the army. General Gage, however, although
he anticipated scenes of bloodshed as inevitable, would
not commence them by permitting the soldiers to fire
on the offenders.

Every effort was employed by the committees of
correspondence and the demagogues to keep alive the
flame of sedition. Continual alarms were circulated
of massacres by the troops ; of the town being cannon-
aded by the ships ; and of dangers the more terrific
from not being precisely described. Arms were in
every man's hand, and although the time did not yet
VOL. ii. i

CHAP.
xx i n.

1774.

Militia dis-
armed.

2d Sept
Stores seized.
Public re-
sentment.

Gage's exer-
tions.

Boston Neck
fortified.

Outrages of
the people.

They arm.

114

HISTORY OF ENGLAND.

CHAP.
.XXIII.

1774.

Suffolk
Meeting.

appear ripe for the commencement of hostile operations
against government, the intention was so resolutely
manifested as to leave no doubt of the event.

In this state of affairs, when the old charter consti-
tution was abrogated, and the newly established system
suspended by violence, the leading men of the province
determined on holding an assembly of delegates from
all the towns of the county of Suffolk, of which Boston
was the capital. This meeting passed resolutions more
decidedly hostile to the authority of Great Britain than
any which had yet been explicitly sanctioned: they
were prefaced, it is true, with a formal profession of
allegiance, but were calculated throughout to vindicate
resistance, and stigmatize obedience as a dereliction of
natural right. The late acts were called gross infrac-
tions of civil and religious liberty, which ought to be
rejected as the wicked attempts of an abandoned admi-
nistration to establish despotic government. It was
resolved to indemnify all sheriffs, jurors, and others,
who should be prosecuted for not carrying into execu-
tion any process issued by the present unconstitutional
judges, and declared all members of the new council,
who should persist in holding their commissions, incor-
rigible enemies to their country. Their resolutions also
censured the fortifying of Boston Neck, and the Quebec
act, whereby the religion of Rome and the laws of
France were established: recommended a suspension
of commerce with Great Britain, encouragement of
home manufactures, the holding of a provincial con-
gress, and a strict obedience to the decrees of the con-
tinental congress; and the people were exhorted to
perfect themselves in the military science, by appearing
under arms once in every week. Adverting to the
late intended arrest of the select men of Salem, they
advised, in case such a measure should be again at-
tempted, that all the officers of so tyrannical a govern-
ment should be seized, and detained till the others
were restored to liberty. They also took upon them-
selves to recommend (which amounted to a decree) that
the collectors and receivers of public revenues should
retain the monies in their hands till the civil govern-

GEORGE III. 115

mcnt of the province was placed on a constitutional xxin'

foundation, or the provincial congress should give dif- _'

ferent orders. They exhorted the people to restrain 1774.
their resentments, to avoid riots, and convince their
enemies, that, in a cause so solemn, their conduct should
merit approbation from the wise, and admiration from
the brave and free of every age and country. These vio-
lent and daring resolutions concluded with the following
remarkable instruction, which shews the reliance placed
on the committees of correspondence, and the purposes
of their institution : " Should our enemies, by any sud-
" den manoeuvre, render it necessary to ask aid from
" our brethren in the country, some one of the com-
" mittee of correspondence, or a select man from the
" town where hostilities shall commence or be ex-
" pected, or from the town adjoining, shall dispatch
" couriers with written messages to the select men, or
" committees of correspondence of the towns in the
" vicinity, who shall send others to committees more
" remote, until sufficient assistance be obtained ; the
" expence of couriers to be defrayed by the county,
" until otherwise ordered by the provincial con-
" gress."

The meeting also appointed a committee to wait 9 f h Sept.
on the governor with a remonstrance against the forti- strancelo 10 "
fying of Boston Neck ; the insults which the soldiers, Ga s e -
encouraged by their officers, exercised against passen-
gers; and the seizure of public magazines. To these
proceedings, and the obnoxious acts of parliament, to
which they declared their firm resolution, by divine
assistance, never to submit, the remonstrance imputed
the agitation of the public mind. They desired to
avoid hostilities with the King's troops, disclaimed
every wish and idea of independency, and attributed
the troubles in the colonies to misinformation, arising
from the sinister designs of individuals. The governor His answer,
returned a short answer, denying that he intended to
prevent free access to Boston, or would suffer any one
under his command to injure the persons or property
of the King's subjects; but it was his duty to preserve
the peace and prevent surprise ; and he gave assur-

i 2

116 HISTORY OF ENGLAND.

xxiii'- ances that cannon would not be used, unless hostile

proceedings rendered it necessary.

1774. It has been already mentioned that the governor

The assembly issued writs, according to the form of the new law, for
S5thf convening an assembly on the fifth of October: but
governor. the course of subsequent events, the tumultuous dis-
position of the people, and the numerous resignations
by members of the council appointed by the Crown,
which had reduced them to a number too small to form
a house, induced him to countermand, by proclama-
tion, the execution of the writs of summons, and dis-
charge those already returned from the duty of attend-
ance. The leading men, unwilling to renounce the
advantage of meeting in a public manner to discuss
and resolve, declared the proclamation illegal ; the re-
Resoivethem- p^esentatives who were elected met at Salem, and,
selves into a having waited a day in pretended expectation of the
congress! governor, denominated themselves a provincial congress,
chose Mr. Hancock for their president, and adjourned
to Concord, a town distant about twenty miles from
the seat of government, where they were less appre-
hensive of interruption or forcible dissolution.
iithOct. One of their earliest proceedings was a remon-

Their remon- gtrance to the governor, in which they vindicated their

st run c'c*

meeting by a reference to the distracted state of the
colony ; complained that the rigour of the late laws
was exceeded by the manner of putting them into exe-
cution, and decried the operation of those statutes as
calculated to abridge the rights of the people, and li-
cense murder. They represented the alarm from the
great increase of troops, and the formidable prepara-
tions at Boston Neck, which endangered the lives, li-
berty, and property of the people, tended to sour and
irritate them, and to frustrate their peaceable endea-
vours toward reconciliation ; and entreated him, by his
regard for the King's honour, the dignity of the em-
pire, and the public peace and welfare, to discontinue
the fortifications, prevent any further invasions of pri-
vate property, restrain the irregularities of the military,
and leave the communication between town and coun-
try open and free.

GEORGE III. 117

To this address, the general, although averse to a CHAP.
correspondence with an illegal assembly, returned an

answer, in which he indignantly denied all their asser- 1774.
tions. There was not, he said, a gun planted against His answer -
the town ; no property had been destroyed or injured,
except that of the King, whose bricks, straw, and
other stores had been wantonly demolished by the
people. The lives, liberty, or property of none but
avowed enemies could be in danger from the troops of
Britain, among whom the most correct discipline was
maintained, and who could never harbour the black
design of wantonly enslaving or destroying any people ;
in fact, they had shewn no disposition to hostility,
though they might be expected to feel resentment at
the exertions used to deprive them even of the neces-
saries of life. He reminded the self-constituted con-
gress, that while they affectedly complained of altera-
tions in the charter, their very meeting was a direct
violation of their own constitution ; and admonished
them to desist from such illegal and unconstitutional
proceedings.

Not intimidated by this message, they resolved to Their further
adopt the measures suggested by the Suffolk meeting. proceedings-
Finding their recommendations attended with the
effect of laws, they issued them on the most important
subjects : they settled the militia, arranged means for
providing arms, and ordered the receipt of taxes, and
the retention of them in the hands of sheriffs and col-
lectors. They also appointed a day of public thanks-
giving to the Almighty for the union which so remark-
ably prevailed in all the colonies*.

Aroused by these proceedings, the governor issued Ga V e's'rocH
a proclamation, cautioning the people against paying mation against
obedience, or affording sanction to the requisitions, them '
recommendations, directions, or resolves of an unlawful
assembly, whose acts were highly seditious, and ap-
proximated to treason and rebellion ; but the procla-
mation, as on former occasions, was contemned, and
the recommendations universally obeyed. This body,

* This thanksgiving wa celebrated th 1 5th day of December following

118

HISTORY OF ENGLAND.

CHAP.
XXIII.

1774.
5th Sept.
Sitting of the
general con-
gress at Phi-
ladelphia.

Its formation,

Mode of
voting.

at length, dissolved itself, having appointed the en-
suing February for a new meeting.

The congress of Massachuset's Bay received a new
impulse, and frequent advice from the continental
congress, which was sitting at Philadelphia. They
met in a room called Carpenters' Hall, in consequence
of a previous arrangement, made by a junto who met
separately to give an impulse to measures, and, by the
same influence, selected for their secretary Charles
Thomson, one of the most violent of those who termed
themselves Sons of Liberty*. It must have been a
great triumph to the projector of corresponding com-
mittees to observe the unanimity with which this mea-
sure was received and sanctioned. No longer did
America exhibit the appearance of rival colonies,
piquing themselves on separate rights, and boasting
the relative advantages of different charters, and dif-
ferent constitutions ; all agreed ; the same grievances,
although not felt by all, were complained of by all ;
and the same remedy, without apparent previous com-
munication, was generally recurred to, with the only
difference of more or less violence according to the
genius of the people, or the temper of the favourite
leaders. Georgia alone refused to send delegates : all
the other colonies deputed various numbers of mem-
bers, nine being the greatest, and two the smallest
representation ; they were qualified in various modes,
some by the provincial assemblies, some by town-meet-
ings, and some by the committees of correspondence.
In Rhode Island the election was ratified by the gover-
nor. The whole number who attended congress was
fifty-six. The inequality of representation was re-
medied in the manner of voting, as each colony had
one suffrage only in the decision of every question ; al-
though the representatives of each colony separately
declared, by the enumeration of a majority, on which
side that vote should be recorded ; a regulation which
gave an appearance of unanimity to the proceedings.

* More than a twelvemonth before the convocation of this body (7th July,
1773), Dr. Franklin had pointed out, in a letter to Mr. Gushing, its importance
and certain effects on the affairs of America. Memoirs, vol. i. p. 220.

GEORGE III. 119

The debates were strictly private, with the doors locked
and guarded ; thus the people, being prevented from
ever attaining a knowledge of the arguments by which 1774.
any measure was combated or sustained, received the secrecy in
results as the abstracts of wisdom and union, and with debate -
the veneration due to oracular edicts.

Some of the votes or instructions to deputies, which Terms of
were read as credentials at the first sitting of congress,
were conceived in loose and general terms, and em-
powered the deputies to consult and advise on proper
measures for advancing the best good of the colonies;
but in general they specifically enjoined an attention
to the redress of certain express grievances, and the
renewal and maintenance of the connexion and amity
with Great Britain, so essential to the interests of both.
Under these restraints, speculations of a different ten-
dency could not be promulgated till the public mind
was further prepared ; and therefore, in all proceedings,
a formal acknowledgment was made of the supremacy
of the mother-country, and the subjection of the colo-
nies ; although, by subsequent definitions and restric-
tions, the power of the one, and the submission of the
other, were reduced to mere names.

After appointing officers and establishing commit- loth Sept.
tees, they took into consideration the proceedings of ^o^? 3
the Suffolk meeting, their resolutions, recommenda- Resolutions of
tions, and address to the governor ; of all which they meeting? 115
expressed the highest approbation, and recommended
them to general adoption, as the means of carrying
such conviction to the British nation of the unwise,
unjust, and ruinous policy of administration, as would
quickly introduce better men and wiser measures.
They approved of the opposition to the late acts of
parliament, declared that, in case of an attempt to carry
them into execution by force, all America ought to
support the people of Massachuset's Bay, and recom-
mended a continuance of the subscriptions for relief of
the inhabitants of Boston. They afterward requested Further re .
the merchants and all other persons in the various co- commcnda-
lonies to transmit no new orders for goods to the mo- 22nd 'sept.
ther-country, but to countermand or suspend those

120 HISTORY OF ENGLAND.

x'xm already issued ; and formed resolutions for discontinu-
ing, after the first of December, the importation and

1774. use of all goods from Great Britain and Ireland, and
for the cessation of all exports to those countries, and
27th - to the West Indies, after the tenth of September 1775;

and they declared the seizure of any person, for the
purpose of transporting him beyond the sea, to be tried
for an offence committed in America, contrary to law ;
it would justify, and ought to meet with, resistance and
reprisal.

ri c j^ ration of Meanwhile, a committee, appointed for that pur-
14th Oct. pose, had submitted to congress a series of resolutions
forming a DECLARATION OF RIGHTS, which was adopted,
and published by authority. It was prefaced by an
enumeration of grievances since the termination of
the last war, among which were cited the declaratory
act, establishing the right of Great Britain to bind
America in all cases whatever ; the imposition of taxes
for the purpose of raising a revenue ; the establish-
ment of a board of commissioners ; the extension of the
admiralty jurisdiction ; the alteration in the establish-
ment of judges ; the revival of the obsolete statute of
Henry VIII. ; the three acts of the late session rela-
tive to Massachuset's Bay, and that for establishing
the government of Quebec ; the dissolution of assem-
blies, and the disregard shown by ministers to petitions
for redress. Under these circumstances, the good people
of the twelve colonies, justly alarmed at the arbitrary
proceedings of parliament and administration, had
appointed deputies to a general congress, in order to
obtain such an establishment as would secure their
religion, laws, and liberties from subversion. There-
fore the deputies did, in the first place (as Englishmen,
their ancestors, had usually done in like cases), form a
declaration, for the purpose of asserting and vindicating
their rights and liberties.

They claimed their RIGHTS as founded on the im-
mutable laws of nature, the principles of the English
constitution, and their several charters or compacts.
From these they assumed for themselves an absolute
title to life, liberty, and property, which no sovereign

GEORGE III. 121

power could dispose of without their consent. Their
ancestors, they said, possessed, and had not forfeited
by emigration, all the rights, liberties, and immunities 1774.
of Englishmen ; and their descendants were, therefore,
entitled to them, so far as circumstances would admit.
The foundation of all free government being a right
to participate in a legislative council, and the circum-
stances of America rendering it impossible for them
to be represented in the British Parliament, they
claimed a right to free legislation in all cases of taxa-
tion and internal polity, subject only to the King's
negative : they were willing, however, to consent to
the operation of British acts of parliament, bona fide
restricted to the regulation of commerce, but exclud-
ing every idea of taxation, internal or external. The
respective colonies were entitled to the common law
of England, and to the benefit of all statutes which
existed at the tune of their colonization, and particu-
larly to the inestimable privilege of a trial by their
peers, and in their own vicinage. They were also
entitled to all the immunities and privileges granted
by their charters, and secured by the provincial laws.
They had a right to assemble to consider of their
grievances ; and all prosecutions, prohibitory procla-
mations, and commitments on that account, were
illegal ; as was the keeping a standing army in any of
the colonies in time of peace, without consent of the
people. And finally, the exercise of legislative power
in several colonies, by a council appointed during
pleasure by the Crown, was declared unconstitutional,
dangerous, and destructive to the freedom of American
legislation. These rights, they asserted, could not be
legally taken from them, altered or abridged, by any
power whatever, without their own consent, by their
representatives in their several provincial legislatures.
Then recapitulating their grievances, to which they
could no longer submit, they declared their adoption
of the present measures to be founded on the hope
that their fellow-subjects in Great Britain would
restore the Americans to that state in which both
countries had found happiness and prosperity.

122

HISTORY OF ENGLAND.

CHAP.
XXIII.

1774.
Non-con-
sumption
association.

21st Oct.
Address to
the people
of Great
Britain.

Their first proposition was an association or agree-
ment against importation or consumption of any arti-
cles of British commerce, and against the exportation
of their own produce to Great Britain, Ireland, or the
West Indies, except rice to Europe. A committee was
to be chosen in each colony, to superintend the exe-
cution of the agreement, and the committees of corres-
pondence were directed frequently to inspect the en-
tries of the custom-houses, for the purpose of inform-
ing against such merchants as violated the association,
with whom the congress, for themselves and their con-
stituents (who were bound by their signature) agreed
to have no commerce or intercourse, but to consider
them unworthy the rights of freemen, and inimical to
the liberties of their country. The agreement was to
continue in force till the repeal of all the acts of par-
liament which constituted their grievances ; but some
of the articles would in their effect be perpetual, par-
ticularly that for encouraging the growth of wool, and
one for abolishing the slave-trade.

Another of their measures was to address the peo-
ple of Great Britain ; those of their own colonies and
of Canada separately. In each of these productions
great art was used in directing appeals to feeling and
prejudice, and in citing such circumstances as were
calculated, through hope or fear, to gain adherents to
their cause. The people of Great Britain were re-
minded of the struggles maintained by their ancestors
in the cause of liberty, and told that the project of
ministers in endeavouring to enslave the Americans,
derived from the same stock, tended only to the more
easy introduction of slavery at home. They claimed
a participation of British rights, and nattered the
national pride, by affecting to make the freedom of
Englishmen the model and scope of their wishes. They
recapitulated their services in the former war, and
proceedings of Parliament since that time, extenuating
the plunder of the tea ships, which they described as a
personal, not a public affair, the remedy of which
ought to have been sought by the sufferers in the courts
of law, without an appeal to Parliament, They en-

GEORGE III. 123

deavoured to excite national indignation against the CHAP.

late acts, and directed the severest invectives against _

the new system in Quebec, as being intended to over- 1774.
throw the liberties of the British colonies by a vast in-
flux of Catholics, swelled by emigrations from Europe.
"We cannot suppress our astonishment," they say,
" that a British parliament should ever consent to
" establish a religion which has deluged your island in
" blood, and dispersed impiety, bigotry, persecution,
" murder, and rebellion, through every part of the
" world." Declaring that the view of ministers in en-
deavouring to tax America at pleasure, was merely to
draw such immense sums into the royal coffers as
would render the King independent of Parliament, and
that a successful contest would be attended with no
other consequence; they demanded, as the means of
restoring harmony, to be placed in the same situation
they were at the close of the last war.

The address to the colonists contained a recapitula- Address to
tion of all the acts of the British government, against ihe colonies.
which exceptions were taken ; a review of the conduct
of the American governors ; a vindication of the pro-
ceedings at New York and Boston; and a general
rehearsal of late grievances. The act for the govern-
ment of Quebec was stigmatized, and every political
and religious prejudice invoked against it. From
this detail, as well as from authentic intelligence received,
the congress inferred, as an indubitable position, that
a resolution was formed, and then carrying into exe-
cution, to extinguish the freedom of the colonies by
subjecting them to a despotic government. Although
the state of affairs, they proceeded to observe, would
justify other measures, yet weighty reasons induced the
preference of those they had adopted. Then, recapitu-
lating the resolutions they had taken, they inculcated
the necessity of observing them, and frequently alluded
to the probability of forcible resistance, advising the
people to extend their views to the most unhappy
events, and to be prepared for every contingency. In
conclusion, they earnestly entreated the people, with
devotion of spirit, penitence of heart, and amendment

124

HISTORY OF ENGLAND.

CHAP.

XXIII.

1774.

Address to
the people
of Quebec.

26th Oct.

2Gth Oct.
Petition to
the King.

of life, to humble themselves, and implore the favour
of Almighty God, whose divine goodness was fervently
besought to take them into his gracious protection.

After the abuse lavished in the foregoing addresses
on the Canadians, and the malevolence employed in
raising prejudices against their religion and laws, it
appears surprising to find them invoked as friends and
fellow-citizens to join the colonies, and send deputies
to the next congress. They were told that the consti-
tution bestowed on them by Parliament was a violation
of the King's promise at the peace ; that, in justice,
British rights ought to have been substituted for Gallic
jurisprudence. Liberty of conscience in religion was
stated to be a right of nature, for which they were not
obliged to the act of parliament ; for if laws divine and
human could secure it against the despotic attacks of
wicked men, it was secure before. These principles
were enforced by artful citations from foreign writers,
particularly Montesquieu and Beccaria, and recom-
mended by insidious appeals to the love of glory so
prevalent in the French character. On an union with
the other colonies, the people of Quebec were told,
w r ould depend the alternative of being governed and
protected by just and equitable laws, or subjected to
all the evils of the English constitution, and French
government: these were enumerated in formidable
array ; the inquisition and the excise ; partial judges,
and arbitrary governors; privileges and immunities
dependent on the smiles or frowns of a minister, lettres
de cachet, gaols, dungeons, and oppressive service ; all
these were displayed as the apparatus of a government
no less absolute than that of the despots of Asia or
Africa.

The petition to the King, after enumerating all their
grievances, some of which were of a specific, others of
a general nature, presumed, that to a sovereign who
" gloried in the name of Briton," the bare recital must
justify the loyal subjects who fled to the foot of his
throne and implored his clemency for protection.
They attributed all the distresses, dangers, fears, and
jealousies, which overwhelmed the colonies with afflic-

GEORGE III. 125

tion to the destructive system of colonial administra-
tion, adopted since the conclusion of the war. " Had
" our Creator," they said, " been pleased to give us ex- 1774.
" istence in a land of slavery, the sense of our condition
" might have been mitigated by ignorance and habit.
" But, thanks be to his adorable goodness, we were
" born the heirs of freedom, and ever enjoyed our right
" under the auspices of your royal ancestors, whose fa-
" mily was seated on the British throne to rescue and
" secure a pious and gallant nation from the popery and
" despotism of a superstitious and inexorable tyrant."
Feeling as men, and thinking as they did, silence
would be disloyalty; and as the King enjoyed the
signal distinction of reigning over freemen, the lan-
guage of freemen could not be displeasing ; but his
indignation would rather fall on those designing and
dangerous persons who daringly interposed between
him and his faithful subjects, and who for several
years past had been incessantly employed in dissolving
the bonds of society, abusing His Majesty's authority,
prosecuting the most dangerous and irritating projects
of oppression, and accumulating on the petitioners,
injuries too severe to be any longer tolerable. Such
sentiments, they said, were extorted from hearts that
would much rather bleed in the King's service. The
charges of the administration of justice, and the sup-
port of civil government had been always sufficiently
provided for ; the constitutional militias were adequate
to the protection of the colonies in time of peace, and
in war they would always be willing, when constitu-
tionally required, to make strenuous efforts in granting
supplies and raising forces ; these proofs of attachment
were equally honourable to the prince who received,
and the people who tendered them ; the petitioners
prized the privilege of so expressing their attachment
too highly ever to resign it to any body of men on
earth, and doubted not that the purity of their inten-
tion, and the integrity of their conduct, would justify
them at that grand tribunal before which all mankind
must submit to judgment. They asked only for peace,
liberty, and safety ; not desiring a diminution of the

126

HISTORY OF ENGLAND.

CHAP.
XXIII.

1774.

Instructions
to their
agents.

20th Oct.
Dissolution.

Observations
on their pro-
ceedings.

prerogative, or the grant of a new right : the royal
authority over them, and the connexion with Great
Britain, they would always carefully and zealously
support and maintain. They presented their petition
only to obtain redress of grievances and relief from
fears and jealousies, occasioned by a system of statutes
and regulations adopted since the war, which they
enumerated by recapitulating all the acts affecting
America ; and then, appealing to that Being who
searches thoroughly the hearts of his creatures, so-
lemnly professed that their councils had been influenced
by no other motive than a dread of impending des-
truction.

This petition was transmitted to the colonial
agents, with instructions, after delivering it into the
King's hands, to make it public through the press,
together with their list of grievances, and to circulate,
as early as possible, their address to the people through
all the trading cities and manufacturing towns.

After these proceedings, they dissolved, having
first passed a resolution for convening a new congress
on the tenth of May.

The acts of congress, and the general tenor of their
determinations, evidently 'indicated that a plan of hos-
tility and separation from the mother-country was pro-
foundly meditated, and unremittingly pursued by those
who possessed the greatest influence, and whose exer-
tions gave a colour to all the proceedings. Most of
the resolutions adopted, and the general purport, as
well as many marked expressions in the association,
addresses, and petitions, pointed decidedly to resist-
ance and independence : even the studious and laboured
manner in which those views were verbally renounced,
while they were really pursued, contributes to enforce
a conviction that the expressions of loyalty and sub-
mission were intended only to conceal sentiments dia-
metrically opposite. Fettered as some of the members
of the congress were by the instructions of their con-
stituents, many of w r hich enjoined them to pursue
none but proper, prudent, and lawful measures, they
could not openly advance their claims, and were there-

GEORGE III. 127

fore obliged to assume such a mode of conduct as XXIH"
would secure the greatest share of popularity, and dif-

fuse the smallest portion of alarm. Even in the bosom 1774.
of the congress that unanimity did not prevail which
is indicated in the publication of their proceedings : the
plans recommended by some of the demagogues were too
violent, and the principles advanced in their support too
daring, to be adopted by all the members ; hence it fre-
quently appears on the journals that strenuous debates
were maintained, questions adjourned, and reports re-
committed : the effect of these disagreements was, how-
ever, prevented from reaching the public, by an artifice
of the leaders of the republican party, who, before
any business was proceeded on, persuaded the other
members to bind themselves in an agreement that their
names should be subscribed to whatever might be
decided by a majority, and to enter no protest or dis-
sent on the minutes*. Two parties were formed at
the beginning of the sittings : the one, consisting of
men of loyal principles, and possessed of considerable
fortunes, who had no intention but that of candidly
and clearly defining American rights and charters, and
explicitly and dutifully petitioning for redress of griev-
ances ; these, meaning to do only such things as were
reasonable and just, were open and ingenuous. The
other party, composed of congregational and presby-
terian representatives, men of bankrupt fortunes, and
overwhelmed in debt to British merchants, were de-
sirous to throw off all subordination to, and connexion
with, Great Britain ; they endeavoured, by fiction,
falsehood, and fraud, to delude the people from their
allegiance, to reduce government to a state of anarchy,
and incite the ignorant and vulgar to arms ; these men
were secret and hypocritical, and essayed every art to
conceal their intentions. These parties held each

* The exception of rice in the association is an instance of the address of the
leaders of congress in managing individual interests, and suppressing opposition.
The article was at firbt framed without any exception ; but the delegates from Ca-
rolina insisting that tlicir constituents would be ruined, and threatening to absent'
themselves unless a modification were devised, occasioned the ridiculous interpo-
lation of the words except rice to Europe, in an agreement forbidding exports to
Great Britain and Ireland,

128 HISTORY OF ENGLAND.

XXJH ' ther m check for some time ; but at length the dema-

gogues triumphed ; the lassitude attending a perpetual

1774. system of defence, and the unwillingness continually
to impute principles which were constantly denied,
diminished the alertness of their opponents ; while the
temper infused into the populace, the frequent mes-
sages from the provincial congress of Massachuset's
Bay, and the examples daily exhibited, of tarring and
feathering obnoxious persons, gave additional spirit
to the violent, and increased the timidity of the mo-
derate.

These differences of opinion, and necessities of
conciliation, account for some incongruities in the
proceedings. The declaration of rights is a strong
instance ; it is founded at once on the laws of nature,
those of society, and royal charters ; professes at once
a duty of obedience, and right of self-government :
avows a dependence on British acts of parliament, to
the period of the colonization of America, yet de-
nies the right of the mother-country to a subsequent
power of legislation. It would result from these prin-
ciples, that colonies planted at different periods, were
subjects in different degrees, and that the Parliament
of Great Britain, repealing one of the ancient statutes,
could not give force to the repeal in America, without
separately consulting each of the governments. The
charters were appealed to as the basis of rights, and
yet such of them as appointed an independent legisla-
tive council were to be abrogated as derogatory to the
rights of nature. The petition to the King was merely
an insidious .jnockery ; the professions of loyalty were
not calculated to give the sovereign assurances of
peaceable domination, but to vindicate the petitioners
from well-merited charges of disaffection, without re-
nouncing the mode of conduct by which those charges
were incurred. The address to the people of America
breathes a spirit of hostility and resistance alone ; that
to the Canadians discovers deep and inveterate malig-
nity against the mother-country, and is replete with
mean artifices to cajole the people into disaffection :
the appeal to the people of Great Britain is of the same

GEORGE III. 129

order, tending to disseminate alarms and jealousies, CHAP.
and create, by means of terror, interest, or policy, a

party favourable to the American cause. Their com- 1774.
mittees were always composed of the most fiery repub-
licans, which may account for the extent and presump-
tion of some of their claims, such as those of repeal-
ing all the acts made to affect them since the peace, of
insisting on a change of ministers, and of obtaining
every demand, without the least concession or promise
of reparation for the wrong avowedly committed*. Yet
whatever arts were used in conciliation, or whatever
advantages gained in debate, the general congress
seemed so little likely to gratify, in their utmost extent,
the wishes of the leaders, that it was on the point of
separating without passing a resolution to re-assemble,
until Silas Deane, one of the members for Connecticut,
without previous communication, introduced the pro-
positionf.

Whatever results might ultimately be expected
from the establishment of such a body, the decrees of
congress did not at first meet with universal sanction.
The resolution to refuse importation and to encourage
domestic manufactures was sufficiently wise and
patriotic ; but that which forbad exportation was alike
repugnant to policy and justice. Those who had
already received goods from England, remonstrated that
every principle of propriety and conscience demanded
the returns which had been agreed on ; but they were

* This account is derived from the journal of proceedings of congress, and
extracts from the votes, &c. Philadelphia printed ; reprinted ,by Almon, Lon-
don, 1775. The Life of General Washington, by Jerard Sparks, vol. i. p. 129.
Also from several tracts, both American and English, particularly " What think
"ye of the Congress nowl" Galloway's tracts and Tucker's fifth tract on
American subjects. A slight account of this Congress, its division in party feel-
ing, the opinion of some members, and the manner in which the addresses were
prepared and carried, are also in the Memoirs of Thomas Jefferson, one of its
members most hostile to Great Britain ; vol. i. p. 6. Lord Chatham spoke in
the highest terms of eulogy of these proceedings. " I have not words," he says,
' to express my satisfaction that the congress has conducted this most arduous and
' delicate business with such manly wisdom and calm resolution as do the
' highest honour to their deliberations. Very few are the things contained in
' their resolves which I could wish had been otherwise. Upon the whole, I
' think it must be evident to every unprejudiced man in England, who feels for
' the rights of mankind, that America, under all her oppressions and provoca-
' tions, holds forth to us the most fair and just opening for restoring harmony
' and affectionate intercourse as heretofore." Correspondence, vol. iv. p. 368.
t From the private information of one who had the fact from Silas Deane.

VOL. II. K

130

HISTORY OF ENGLAND.

CHAP.
XXIII.

J774.

Effects of
the congres.

over-ruled by observations that the British merchants
would justly suffer for the injuries their government
had committed, and that debts would not be extin-
guished, but only the payment postponed. The advo-
cates for commercial integrity were few, opulent, and
easily distinguished; their opponents numerous, and
for the most part needy, if not desperate, in their cir-
cumstances, bound by no obligations, connected with
no particular spot or system. Armed with the power
conferred by the general congress of pronouncing a
sort of social excommunication on those who did not
conform to their directions, the partizans of revolution
exercised a formidable tyranny, by ordering that, in
future, no person should deal with them in buying or
selling, or in any manner transact business with them*.

In New York, where the spirit of loyalty was most
energetic, the measures of congress were generally
disapproved ; but still, such is the advantage which
violence and clamour ever gain over quiet respecta-
bility, that the plan for the overthrow of government
still went on. Sixty persons were nominated as a com-
mittee for carrying the measures of congress into effect,
a list was prepared, and, although less than forty indi-
viduals attended, those who had been designated were
all appointed. This was ascribed to various causes ;
those who were well affected had no mutual communi-
cation, and were not headed by any influential or con-
spicuous leader ; and, even among them, commercial
interests and feelings produced great differences of
opinion, while the members of the Church of England
were, in all things, threatened and opposed by the
dissenters-j-. Even in Georgia, where it had been re-
fused to send delegates to congress, resolutions were
obtained at a small meeting favourable to the views of
that body^.

Other colonies, where insubordination had before

* Among many others, Mr. Andrew Miller, a merchant, from Halifax county,
North Carolina, underwent this sentence for refusing to sign the association
proscribed by congress.

t State Papers, Letters from Governor Colden to Lord Dartmo\ith, 4th Nov.
and 7th Dec.

J Same, Letter from Sir James Wright, 10th Aug.

GEORGE III. 131

made but little progress, appeared actuated by the CHAP.
same spirit as the inhabitants of New England. The

intention of military resistance was openly avowed 1774.
and cherished; the militia were assiduously drilled,
and arms were provided with great industry and per-
severance. On the information of the diiferent gover-
nors, the ministry found it necessary to issue a procla-
mation, forbidding the export of warlike stores; but
this prohibition produced only a greater degree of
eagerness, and some riots. Mills and manufactories
were established for the structure of arms and compo-
sition of gun-powder, and premiums were offered for
the production of saltpetre.

On the proclamation reaching Rhode Island, forty insurrection
pieces of cannon belonging to the Crown were seized, at Rhode
with the avowed intention of preventing them from
falling into the hands of the King's troops ; and the
declaration was accompanied with a threat of resist-
ance, should the recovery be attempted. The assem-
bly of the province sanctioned these proceedings, by
passing resolutions for procuring, at the public expense,
arms and military stores, and for training the militia.

The proclamation also occasioned an insurrection 14th Dec.
in New Hampshire, where a number of armed men
surprised a small fort, called William and Mary, im-
prisoned the garrison, consisting only of an officer and
five men, and did not release them till they obtained
possession of the ordnance, gun-powder, and military
stores*.

* In this chapter, beside the publications and documents already indicated,
reference has been had to the papers laid before Parliament, the periodical pub-
lications, Almon's collections of papers, and Remembrancer : Stedman, Andrews,
and Ramsay ; the History of Lord North's Administration, and a great variety of
tracts and pamphlets.

K 2

132

HISTORY OF ENGLAND.

CHAPTER THE TWENTY-FOURTH.

1774.

CHAP.
XXIV.

1774.

View of
government
ami opposi-
tion.

View of government and opposition. Independency the
real aim of the Americans. Effect of corresponding com-
mittees. Of the proceedings in Massachuset's Bay. Of
the acquisition of Canada. Of the proceedings of Congress.
Of the efforts of opposition. Of the acts of last session.
Of the debates on them. Error of considering the tax
on tea the real cause of disturbances. First effects of the
Boston port act. Publications in England. Plan of union
proposed by Mr. Galloway. Its fate. Dissolution of
parliament. Tests proposed. Characters of leading men :
the Lord Chancellor Lord Mansfield Lord Sandwich
Lord Hillsborough Lord Gower Lord Dartmouth.
Lords in opposition : Lord Chatham the Marquis of
Rockingham the Duke of Richmond Lord Shelburne
Lord Camden the Dukes of Devonshire and Portland.
Principal members of the lower House : Mr. Rigby Sir
Gilbert Elliot Sir Grey Cooper Mr. Dundas Mr.
Jenkinson Mr. Thurlow Mr. Wedderburne. Opposi-
tion : Serjeant Glynn Mr. Dunning Sir George Savile
Mr. Burke Mr. Charles Fox.

As we are now entering on the period when Great
Britain was about to commence a severe and arduous
contest, it will be proper briefly to review the motives
and principles of action on each side ; to consider the
means of information which government possessed, or
might have obtained ; to examine the theories and
arguments of opposition, and to delineate the chief
political characters who supported and 'oppugned the
measures of administration.

GEORGE III. 133

The thin veil with which the Americans covered
their designs rendered only a small degree of penetra-
tion necessary to discover that absolute independence 1774.
was the aim of the principal leaders ; that they con- J a 1 J 1 e 8 ,^ l eri ~
templated a revolution as a glorious era, and were aim.inde-
prepared rather to plunge their country into the P endenc y-
horrors of civil war than renounce their favourite
project. Hence their complaints of grievances were
clamorous, frequent, and specific ; while their profes-
sions of attachment and loyalty were merely general,
and attended with no precise offers of conciliation or
satisfaction. The range of complaint comprised in
their late petitions and addresses, extended beyond
the possible hope of royal interposition or parliamen-
tary redress : no body of men who had formed or sup-
ported any administration since 1764, escaped cen-
sure ; no party could attempt conciliation without
the dereliction of some principle, or the establishment
of some, claim derogatory to the interest and honour
of the country. Nor was cordial conciliation pro-
bable on any terms ; the hour of separation from the
dominion of the parent land was anticipated with
anxiety. America, flattered by political prophets,
proud of her strength, her extensive domain, her
wealth and population (undoubtedly increasing, al-
though greatly exaggerated by the demagogues), and
flushed with eager hope of augmenting her subjects
by immense emigrations from Europe, bore with im-
patience the yoke of subjection, and made strenuous
exertions to accelerate the period of emancipation.

The union, effected among the colonies, by means Efforts of ^
of corresponding committees, was, a death-blow to the
authority of Britain ; the Americans were sensible of tees -
the advantage, and as soon as the co-operation of all
parts of the continent was ensured, advanced bolder
claims, diffused broader principles of government,
and assumed with less disguise the port and mein of
defiance. The references made in their declaration to
the rights of nature, the intimation that, like their
ancestors, they proceeded, before the adoption of other
measures, to state their grievances and their rights,

HISTORY OF ENGLAND.

CHAP.
XXIV.

1774.

Of the pro-
ceedings in
Massachuset's
Bay.

Of the acqui-
sition of
Canada.

Of the pro-
ceedings of
Congress.

and their frequent exhortations to arms, all prove that
plans of revolution and resistance were already medi-
tated and digested. Motives of common safety, when
they had once assumed a hostile position, cemented
the jarring interests of the colonies, and for the time
subdued their inveterate jealousies.

The proceedings in the different provinces, espe-
cially Massachuset's Bay, before the meeting of con-
gress, were calculated to alarm the government of
Great Britain. Already had the legislators avowed
that they knew of no authority in the mother-country
to collect a revenue, and that submission to acts of par-
liament made in England, was an inadvertence which
ought to be corrected: these pretensions had been
supported by violence, tumult, and defiance ; measures
of severity did not produce the desired eifect ; resist-
ance only became more general, and the cause of go-
vernment more hopeless.

A contest with the colonies could not be advanta-
geous to Great Britain; a failure in the ultimate object
would be attended with great loss and disgrace, and
success would only produce disaster and damage in a
valued member of the empire, which must, in the
event of a pacification, be repaired, to the injury of the
whole body. By acquiring the dominion of Canada,
Great Britain, in fact, promoted the American revolu-
tion : so many subjects, animated with a spirit of inde-
pendence, feeling their own force, and exempt from
every fear, would not be restrained by a distant power,
whose protection they no longer needed, and whose
sway they were taught to regard as tyrannical*.

The spirit of the British constitution is unfavour-
able to those strong and prompt measures calculated
suddenly to check and prevent impending revolution.
Had the government been despotic, and the behests of
the sovereign the only rule of law, the Americans might

* Speaking of this event to Lord Stormont, M. de Vergennes observes, " I
" was at Constantinople when the last peace was made ; I told several of my
" friends there, that I was persuaded England would not be long before she had
" reason to repent of having removed the only check that would keep her colo-
" nies in awe : my prediction has been but too well verified." Lord Stormont
to Lord Rochford, 3rd Oct. 1775.

GEORGE III. 135

have been retained in subjection; but under existing '

institutions, their complaints and petitions were daily

discussed in every form, and in all societies, while their 1774.
agents were occupied in every part of the kingdom in
conciliating the people to their pretensions. A claim
to liberty always finds admirers and advocates in Eng-
land ; the recollection of their own struggles excites
sympathy in British bosoms, and a similar contest,
however unjustly commenced, or iniquitously pursued,
will ever secure some adherents. Many of their com-
plaints were not devoid of plausibility, and many of
their pretensions were well-founded in abstract theory,
however repugnant the whole mass of their claims
might be to any practical system. The extent of dis-
affection, and progress of resistance, rendered inevi-
table some measures, the complaints against which could
be supported by arguments drawn from the fundamen-
tal principles of the British constitution ; and it must
always afford cause of regret, when the turbulence and
violence of the times render any deviation from those
principles absolutely necessary for the maintenance of
order and government.

The efforts of opposition in the late session of Par- or the efforts
liament did not benefit the American cause so much in of opposition.
England as in America ; the adducing of arguments
in their favour in the very senate of the country, whose
interest was supposed to consist in opposing them, gave
new animation to their partisans*. Yet the efforts of
opposition were not calculated to amend, if it was
erroneous, the conduct of the minister. The system of
parliamentary opposition is generally, with justice,
deemed a contest for power, in which members, for the
sake of distressing government, and acquiring popu-
larity, will assume a latitude in discussion, and avow
principles which do not form the basis of a practical
system. Their advice is never taken as sincerely in-
tended for the advantage of the minister, but as an

* This observation was made in their dispatches by Governors Colden of
New York, Sir James Wright of Georgia, and generally by all the friends of
Great Britain in America.

136 HISTORY OF ENGLAND.

xxtv' attempt to render his proceedings odious, by showing

L that they might have been more wise and just.

1774. The general concurrence in the Boston port act,

an( ^ ^e ainm ated declarations by several members of
opposition, that a severe castigation was due to that
town, were calculated, though perhaps not intended,
to mislead the minister. In vain would that measure
have been sanctioned, if the charter, the source of all
the disorders, was left unaltered, or if men, disposed to
exert themselves in the cause of government, were de-
livered up unprotected to the fury of their adversaries.
Thus the two other bills became indispensable : and
the opposition to their progress must have been re-
garded as a surprise, or more probably a party manoeu-
vre, as the petitions to parliament, and the protests of
the lords, appeared written with a systematic concur-
rence of sentiment, decrying every proceeding relative
to America since the repeal of the stamp-act and pass-
ing the declaratory law, and promising the restoration
of tranquillity if the same measures were again pur-
sued. But if these politicians were sincere in their
expectations, how must they have been astonished
when congress declared their right to an exemption
from all acts passed since their colonization ? How
disconcerted when, in the enumeration of grievances,
the declaratory act stood prominent on the list, and
was assailed with great asperity 1

or the debates Prophecies of resistance, when made in general
terms, were not entitled to more credit than those of
submission, if certain relief were granted ; that of Go-
vernor Pownall*, which displayed the means and mea-
sures of American opposition, is remarkable for its
truth in detail, but contains no principle by which
government could ascertain its correctness, nor any
mark by which it could be distinguished from an im-
perfect information of certain facts, and a disposition
to prognosticate what the prophet rather wished than
expected. All members acquainted with America,
whether adherents of ministry or opposition, agreed

* See page 71.

GEORGE III.

137

that no native military force could resist the troops of
Britain. This would have been an impolitic and
cowardly motive for urging hostilities, but was surely
a good ground for concluding that a desperate and im-
politic opposition to legal authority would not be
maintained with perseverance. The want of import-
ance in the supposed cause of contest, and the cer-
tainty expressed by Lord North, that, on a show of
submission, conciliatory measures would be adopted,
must also have contributed to impress a belief that the
Americans would not risk a conflict so desperate and,
unequal.

It was a great error, both in ministry and opposi-
tion, to regard the tea-tax as the cause of the American
disturbances ; it was indeed the point on which the
contest with Great Britain was to be raised ; but not
the repeal of that tax, or any other measure, save such
a general system as would leave to the mother-country
only a nominal sovereignty, would have restored tran-
quillity. In their demands on government they avowed
the full extent of this principle ; and, in marking the
line of their voluntary subjection, reserved a ground
for future cavil, by declaring they would submit only
to such acts as were bonafide intended for the regula-
tion of their trade.

The information received from America for some
time after passing the Boston port act, aiforded the
best hopes of its beneficial effects : the non-importa-
tion agreement, recommended by the people of Boston,
was said to be coldly received in some places, and re-
jected in others ; but, in proportion to the assistance
they obtained, and the resolution they expressed, their
spirit diffused itself among the colonies, till the general
congress completed the ascendancy of disaffection.
Some of the governors gave hopes that the popular
rage would cool ; others appreciated more justly the
effects of a contagious enthusiasm ; and the governor
of South Carolina, in particular, drew an alarming
though just picture of the consequences to be expected
from the diffusive spirit of opposition.*

* He said, " I observe with great concern, that this spirit of opposition to
" taxation, and its consequences, Is so violent, and so universal throughout

CHAP.
XXIV.

1774.

Error of con-
sidering the
tax on tea
the real
cause of
disturb -

First effects
of the Bos-
ton port act.

138

HISTORY OF ENGLAND.

CHAP.
XXIV.

1774.

Publications
in England.

Such a crisis could not fail of calling forth great
diversities of political opinion, which were detailed
through the press, and formed the creeds of different
parties. On one hand, the supremacy of British autho-
rity, and the right to tax and coerce the colonies in
every case, were asserted ; on the other it was affirmed,
that from the moment men transplanted themselves
from their native shores and ceased to be represented
in the senate of their country, the duty of obedience
ceased ; every act of sovereignty in the parent state
ought to be resisted as mere tyranny. These extreme
doctrines were argued with great warmth, but little
effect ; and as the reasoners on both sides drew their
materials from sources widely different, and from prin-
ciples diametrically opposite, no medium could be ima-
gined by which their opinions could be so reconciled
as to form a guide to peace without dereliction of
national honour, and what had ever been considered
national property.

The question, in what manner the exigency of the
times should be encountered? occasioned more in-
structive and interesting discussions. Those who
rather led than followed the Americans, in denying
the authority of Great Britain, recommended abject
and total submission : to withdraw our ships and troops
from their shores, and owning their right to a separate
government, receive with humility, from those who

' America, that I am apprehensive it will not be soon or easily appeased. The
' general voice speaks discontent, and sometimes in a tone of despair, as deter-
1 mined to stop all exports to and imports from Great Britain, and even to silence
' the courts of law, foreseeing, but regardless of, the ruin that must attend them-
' selves in that case ; content to change a comfortable for a parsimonious life, to
' be satisfied with the few wants of nature, if by their sufferings they can bring
' Great Britain to feel.

" This is the language of the most violent ; others think it is going too far ; but
' the most violent too often prevail over the most moderate. When men shall
1 in general lay aside the hopes of getting riches, and abandon the employ-
1 ments of agriculture, commerce, and mechanic labour, what turn their leisure
' time under such circumstances may take, I submit to your lordship's knowledge
' of history, and of the human mind. Such sudden and great changes in the
' manners of an extended thriving people, among whom the gazettes are rilled
' with such variety of articles for luxury, is scarce credible, though possible ;
' but the continuance of it very improbable. The first account of the result of
' Congress at Philadelphia may reach your lordship the beginning of Novem-
' ber. I think it my duty to make this true and faithful representation of the
' disposition and temper of the people, however disagreeable it may appear, and
' to confide in the royal wisdom for the remedy." Governor Bull's Letter to the
Earl of Dartmouth, 31st July, 1774.

GEORGE III. 139

were so lately considered as subjects, an amnesty for CHAP.
past wrongs, and a precarious friendship and con-

ditional alliance in future. 1774.

Those who were more covert advocates of the
cause of American independence, who affected to
consider taxation as the only grievance complained of,
advised a complete abandonment of all views of re-
venue, and a restoration of the political relations of
the two countries as they stood at the close of the late
war. This was the fashionable doctrine of Parlia-
mentary oppositon, and was recommended through
the press, by sentiments of peace and conciliation, and
assurances of retaining the greatest and most essential
source of British opulence. Some differences prevailed
among these writers respecting the measures to be
adopted if conciliatory efforts failed ; all appeared to
consider the thunder of British vengeance as infallibly
sure to strike to earth a contumacious spirit of resist-
ance ; but few had the magnanimity, like Lord Chat-
ham, to record their opinion of its expediency, if re-
quired. The progress of events, in the course of the
year, made it apparent, that no sacrifices which Great
Britain could make, less than an absolute dereliction
of all authority, would be attended with the desired
effect ; and therefore the counsels of this class of rea-
soners were daily in less repute, and considered as dis-
tempered speculations.

One writer alone*, well versed in history, com-
merce, and politics, penetrated into the true question
in dispute, and the probable results. He saw that
the struggle was in fact maintained for independence ;
a long war would be necessary to enable Great Britain
to obtain, if it were possible, her former ascendancy ;
but the expense of such a contest would more than
countervail all the advantages to be derived from an
enforced and sullen submission, unaccompanied with
cordial esteem, or a real desire to promote the interest
of the mother-country. He estimated justly the na-
tural and legislative right of Great Britain, and ex-

* Dr. Tucker, Dean of Gloucester.

140 HISTORY OF ENGLAND.

xxi v' P 086 ^ i* 1 striking colours, the fallacy of reasoning,

1_ by which American ingratitude and contumacy

1774. were vindicated. His advice was bold and decisive ;
it was, as expressed by himself, " to separate totally
" from the colonies, and to reject them from being
" fellow-members and joint partakers with us in the
" privileges and advantages of the British empire ;
" because they refused to submit to the authority and
" jurisdiction of the British legislature ; offering, at
" the same time, to enter into alliances of friendship
" and treaties of commerce with them, as with any
" other sovereign, independent states*." This was
utterly impracticable in a deliberative government like
that of Britain, where responsibility is attached to ad-
vice, and where the people had been taught to affix so
high a value on the American connexion. The most
ambitious and daring of mankind would not have
ventured to accept the situation of minister, on condi-
tion of enforcing such a plan.

The ministry were fully imbued with the opinions
currently entertained, of the great importance of
Americaf; and feeling, with just consciousness, the
valour and resources of the mother-country, were
more ready to accede to the arguments of a fourth
class of reasoners, who recommended that concession
on the part of America should precede any effort at
conciliation by Great Britain. If the social compact
between the two countries must be new-modelled, the
mother-country should have the privilege of dispensing

* Humble Address and Earnest Appeal, p. 5. General Gage expressed similar,
but stronger sentiments, in a letter to Government, written in September, 1774 ;
he charges the people of Boston with entertaining over -weening notions of their
importance to Great Britain. " The fisheries in which they are rivals, potash,
" lumber, iron, and shipping, all which they export to Britain or places under
" her protection," have made them opulent; were they cast off, and declared
aliens, they would become a poor and needy people. State Papers.

f On this subject, Lord Dartmouth, secretary of state for the colonies, used
the following expressions in a letter to General Gage, dated 3rd June, 1 774. " The
" constitutional authority of this kingdom over its colonies must be vindicated, and
" its laws obeyed throughout the whole empire. Not only its dignity and reputa-
" tion, but its power, nay, its very existence depends upon the present moment ;
" for should those ideas of independence, which some dangerous and ill-designing
" persons here are artfully endeavouring to instil into the minds of the King's
" American subjects, once take root, that relation between this kingdom and its
" colonies, which is the bond of peace and power, will soon cease to exist, and dcs-
" truction must follow disunion."

GEORGE 111. 141

her benevolence, and not be compelled reluctantly to
concede extorted claims. Rather than be thus de-
graded, she ought to assume all the terrors of indig- 1774.
nation, restrain the factious, awe the turbulent, and
punish the guilty.

If any hope of a specific adjustment, comprising p ] Jj n ( ^J 011
a redress of all grievances and the retention of British Mr. Galloway,
authority, could yet be entertained, it must have been
founded on the plan of forming a general legislative
and administrative government, extending its authority
over all parts of the continent, without abrogating the
several charters of the provinces, so far as they related
to their internal government. Such a plan was sug-
gested to Congress by Mr. Joseph Galloway, one of
the delegates from Philadelphia ; who, although a
warm friend to his country and her real interests and
liberties, was shocked at the proceedings of those
whom he saw inclined to pursue the attainment of in-
dependence even through the paths of rebellion and
civil war. He framed, as an outline, not a perfect plan,
a resolution, which, while it announced the intention
of Congress to apply to the sovereign for a redress of
grievances, explicitly declared their abhorrence of the
idea of being considered independent communities,
and proposed, as the terms of union, that a British
and American legislature, to be denominated a grand
council, should be established ; each colony returning
representatives, but retaining its present constitution
and powers of internal government. A president-
general to be appointed by the King, and the body
renewed every three years ; the members to be elected
by the representatives of the people in each province,
the council to choose their own speaker, and to enjoy
all the rights, liberties, and privileges exercised by
the House of Commons. The president-general and
council to form an inferior and distinct branch of the
British legislature ; and general regulations, formed
in either, to be transmitted to the other, and of no
validity in case of dissent ; but, in time of war, bills
for granting supplies prepared by the grand-council

142

HISTORY OF ENGLAND.

CHAP.
XXIV.

1774.

Its fate.

Opinion of
government.

Irresolution
of ministry.

30th Sept.
Dissolution
of Parlia-
ment.

and approved by the president-general, were to be valid,
and passed into laws without the aid of Parliament.

This project was received with great satisfaction
by many distinguished members, and ordered to be
taken into consideration on a future day. Had it
been so, its nature and merits would have been gene-
rally disclosed, and probably acceded to by a great
portion of the people. To prevent a result so unfa-
vourable to their views, the revolutionary party, seizing
an opportunity when their opponents were absent,
passed a new vote, expunging the former and the plan
itself from their minutes ; nor would they permit the
dissent of Mr. Galloway and another member to be
recorded.

This plan, if it had been received with an honest
spirit and matured by deliberation, might have pre-
vented the calamities which followed ; more especially
as the British ministry declared that the idea of union
on some general constitutional plan was undoubtedly
just, and expressed hopes that it might still be attain-
able through some channel of mutual consideration
and discussion*.

The necessity of recurring to arms was regarded
with alarm and extreme reluctance. The ministry
temporized till the spirit of faction had gained too
great a height to be eifectually suppressed ; and dis-
cordant sentiments, relative to the employment of
force or the trial of conciliatory methods, prevailing in
the cabinet, palsied the vigour of government, and
gave an air of indecision to all their proceedings. Their
severities consequently failed to impart terror, and the
Americans, instead of returning to their duty, cheer-
fully braved difficulties, and even courted hostilities.

In the course of the autumn, Parliament was sud-
denly dissolved.

* Letter from Lord Dartmouth to Governor Colden, January 7, 1775. A
full account of the project and the proceedings on it is also in the State' Papers ;
and, soon after its failure, Mr. Galloway published it at New York, and in 1780,
it was reprinted in London, under the title of " A candid examination of the
" mutual claims of Great Britain and the Colonies, with a plan of accommoda-
" tion on constitutional principles."

GEORGE III. 143

Before this event, tests had been proposed in many CHAP.
countries, cities, and boroughs, calculated to bind the

representatives to support or resist certain measures : 1774.
this unconstitutional and pernicious practice was not T ^ pro "
general, and was frequently rejected, even by those
candidates who might be supposed most anxious for
popularity. Mr. Wilkes, who was elected to repre-
sent the county of Middlesex, at a meeting of free-
holders, jointly with his colleague, Serjeant Glynn, pro-
posed and signed a test, containing most of the articles
of the popular creed. Although the notices of elec-
tion were extremely short, the contests in many parts
of the kingdom were maintained with great spirit and
perseverance ; and many who had seats in the former
Parliament were rejected.

The house of lords contained at this period many characters of
members of distinguished abilities, who supported the leading men.
measures of government. Lord Apsley, afterward
Earl of Bathurst, filled the office of chancellor ; he had
passed through the labours of his profession with repu-
tation, holding successively the posts of solicitor and
attorney-general to Frederick Prince of Wales, and of
attorney-general to the Princess Dowager: in 1754 he
was made a judge of the Court of Common Pleas, and in
1771 received the great seal, after being one of the
commissioners from the death of Mr. Charles Yorke.
His eloquence was clear and methodical ; but his views
of politics were not extensive, nor his exertions in
debate frequent, or essentially serviceable.

William Earl of Mansfield, Lord Chief Justice of the Lord
King's Bench, had long maintained an unrivalled repu-
tation as a lawyer, and an exalted character as a states-
man. He was perfectly acquainted with the history
and constitution of England, versed in the practice of
its laws, and enlightened by all the information neces-
sary to form a comparison and connexion between
them and the best of ancient and modern systems. He
obtained a seat in the House of Commons in 1 742,
when he was in his thirty-eighth year, his faculties no
less matured by experience than improved by study.
He commenced his parliamentary career as a supporter

144 HISTORY OF ENGLAND.

xxrv ' ^ ^ord Carteret's administration, which was vehe-
mently opposed by Mr. Pitt, and his eloquence was no

1774. less celebrated in the senate than at the bar. His lan-
guage was natural, yet elegant, arranged with method,
and applied with the utmost ingenuity ; his images
were often bold, always just; his eloquence flowing,
perspicuous, convincing, and impressive. He was en-
dowed with a most retentive memory, which rendered
his replies irresistible from the facility of repelling the
arguments of his adversaries, and exposing their fal-
lacy, weakness, or incongruity. He affected no sallies
of imagination or bursts of passion, but made his ap-
peal rather to the reason than the feelings, and did
not, even when attacked, condescend to personal abuse
or petulant altercation. His speeches were character-
ized by acuteness, and recommended by clearness and
candour; his reasoning introduced itself so easily into
the minds of his hearers, as to convey information and
conviction. His manner was moderate and decent, not
presuming and dictatorial; but expressive of that dig-
nity which, arising from superiority, does not produce
disgust. Though of low stature, his person was re-
markable for ease and grace ; he possessed a piercing
eye ; a voice finely toned ; his action was at once ele-
gant and dignified, and his countenance replete with
fire and vivacity. He supported through life the ut-
most consistency of political conduct, never courting
popular applause so much as the approbation of the
wise and good, yet not intimidated, by the appearance
of danger, or the fury of party, from pursuing that con-
duct, or enforcing those sentiments which were dic-
tated by his own conviction. Too mild to be the
leader, too wise to be the dupe, of any party, he was
believed to speak his own sense of public measures.
The House of Lords paid greater deference to his au-
thority than to that of any other individual ; and he
was frequently consulted by the King. The perspica-
cious eye of envy and jealousy could not establish a
fault in his political conduct*, and malignity was re-

* He was severely attacked by Wilkes, Junius, Andrew Stuart, and others ;
even when party rage was highest, their efforts produced only a clamour of the

GEORGE III. 145

duced to the miserable resource of extorting from his
descent the means of indirect implication, imputing to
him those attachments and principles by which his 1774.
relatives were influenced ; but which he had not, in his
juridical or senatorial capacity, ever adopted. Lord
Mansfield was a conspicuous and constant supporter of
administration in the American contest: in 1766, he
had delivered his opinions on the subject of British au-
thority, and American resistance, in the House of
Lords*, and the judgment he then professed appears to
have swayed him in every subsequent crisis^.

The Earl of Sandwich, first lord of the Admiralty, Lord Sand-
was a veteran in parliamentary contest and official wich>
employ, having, in 1739, taken his seat in the House
of Lords. He joined the Duke of Bedford in his op-
position to Sir Robert Walpole, and continued with
the duke in opposition to the succeeding administra-
tion. On the formation of the broad-bottom ministry
in 1744, he was appointed a lord of the Admiralty;
and, in 1746, plenipotentiary at the congress of Breda,
in which character, in 1748, he signed the peace of
Aix-la-Chapelle. On his return he was made first
lord of the Admiralty, and a privy counsellor. He
was removed in 1751, but regained an official situation
in 1755, when he was constituted joint vice-treasurer
of Ireland. He resigned his office in 1763, on being
nominated ambassador extraordinary to the court of
Spain; but his personal services were not exerted in
that situation, and he was, in 1763, re-appointed first
lord of the Admiralty. In the Duke of Bedford's ad-
ministration, he held the seals of secretary of state ;
on the dissolution of that ministry, in 1765, was again
out of office till 1768, when he became joint post-
master general; on the termination of the Grafton
administration, in 1770, he received the seals of the

populace : men of sound judgment, in every rank, and of all parties, have since
concurred in acknowledging the futility of the accusations.

* " Proceed, then, my lords," he said, " with spirit and firmness; and when
" you shall have established your authority, it will then be time to shew your
" lenity." See Holliday's Life of Lord Mansfield.

t This delineation is derived from the characters of Lord Mansfield, by Bishop
Newton, Dr. Johnson, Bishop of Worcester, and various other authorities collected
by Holliday, in his Life of Lord Mansfield, p. 456, et seq. and from private infor-
mation.

VOL. II. L

146 HISTORY OF ENGLAND.

xxiv home department; and in 1771, again became first
lord of the Admiralty. In all his official employments,
1774. Lord Sandwich displayed great vigour and judgment,
in introducing reform, economy, and activity. In the
Admiralty those qualities were peculiarly required ; as,
since the conclusion of the late war, great negligence
had prevailed ; insomuch that, at the period of the dis-
pute with Spain, respecting Falkland's Islands, it was
much doubted whether the naval force of Great
Britain could cope with that of the Bourbon family.
The good effects of Lord Sandwich V exertions were
perceptible in 1773, when the menaces of a British
armament were sufficient to deter France from en-
gaging in the war between Russia and the Porte : but
the complete re-establishment of a marine force, after
a long period of indolence, negligence, and improvi-
dence, accompanied with that parsimony which incurs
infinitely more expense than it avoids, was a task of
great labour, and required time for its completion.
The introduction of care and subordination in depart-
ments where waste and disregard of discipline had
long prevailed, created many personal enemies, and
none of the ministry experienced more severe and fre-
quent attacks than the first lord of the Admiralty.
The efforts to render him unpopular, or rather
hated, or contemned by the low and inconsiderate
portion of mankind, were much advanced by the
clamours of Wilkes and his adherents. His lordship
having been the means of exposing that obscene libel,
" the Essay on Woman," the moral irregularities of
his own life were detailed with violent exaggerations ;
and it being asserted that the poem in question was
long known to, if not in part composed by him, sup-
plied his adversaries with a nick-name for him, which
was constantly repeated, and produced more effect
among the vulgar than could have resulted from the
declamation of the orator or the works of the states-
man*. In debate he was rather able and intelligent,

* A character of Lord Sandwich, compressed in form, but ample and distinct
in delineation, is given by Mr. Butler, an eminent conveyancer, in his interesting
Reminiscences, vol. i. p. 74.

GEORGE III. 147

than brilliant and eloquent : his arguments were
strongly pointed, and his speeches distinguished for
sound sense and appropriate knowledge. His un- 1774.
ruffled temper gave him great advantages in the re-
futation of charges : and the house listened to him
with attention, from a conviction that he was not an
obtrusive orator, but spoke only when he possessed
essential or exclusive information*.

The Earl of Hillsborough, though no longer secre- Lord mils
tary of state for the colonies, continued to give his borou s h -
advice and assistance to the ministry. He supported
their proceedings with zeal, firmness, and ability : his
experience made him a competent judge of the great
topics of dispute, and in debate he rendered ready and
effectual services.

The measures of government were officially sup-
ported by Earl Gower, lord president of the council,
who obtained a seat in the House of Commons in
1744, and ever since that period had been a distin-
guished member of the senate, and filled several offices
of respectability ; the Earl of Dartmouth, secretary of
state for the colonies, who chiefly confined himself to
the details of office and explanations required in the
course of debate ; and for some time by the Duke of
Grafton, lord privy seal.

The opposition was formidable on account of ac-
knowledged talent, and the popularity of many of its
members.

The Earl of Chatham, seeming to acquire new Lords in
vigour from the importance of the crisis, was indefa-
tigable in exposing to censure the conduct of adminis-
tration. His declining sun shone with meridian splen-
dour, and never were his extraordinary faculties dis- Lord chat-
played with greater energy than during the American
contestf. The popularity and success of his own ad-

* Derived principally from Memoirs of Lord Sandwich, by the Rev. John
Cooke, M.A.

t The eloquence and manner of the Earl Chatham are admirably charac-
terized in an extract of a letter from Mr. Stillingfleet to Dr. Dampier, afterward
dean of Durham; London, November 17, 1761. "Mr. Aldworth was at the
" house last Friday. Pitt was greater than ever ; he is a most wonderful man :
" I question whether there ever was o complete an orator since Demosthenes;
" every attitude, every action, every look, every tone of voice was a masterpiece,

L 2

148

HISTORY OF ENGLAND.

CHAP.
XXIV.

1774.

The Marquis
of Rocking-
ham.

The Duke of
Richmond.

ministration ; the regard due to his years and charac-
ter, made him the most conspicuous of parliamentary
speakers. His observations were repeated by the pub-
lic with profound veneration, and even his opponents
in Parliament frequently mollified their difference of
sentiment, by a complimentary tribute to his charac-
ter and abilities, and a sort of indirect apology for not
coinciding in judgment with him.
With those who considered the taxation of Ame-
rica as the sole cause of the existing disputes, the
Marquis of Rockingham had the greatest claim to
popularity ; his administration, though short, produced
several measures calculated to gratify the public. He
is described by Mr. Burke* as a person of sound prin-
ciples, enlargement of mind, clear and sagacious sense,
and unshaken fortitude. These qualities secured many
adherents ; but their effect was diminished by a defi-
ciency in parliamentary eloquence. He seldom took
a share in debate, even to defend his own administra-
tion ; spoke with an air of embarrassment, and in a
tone almost inaudible.

The Duke of Richmond was an active and indefa-
tigable opponent of administration. In the Rocking-
ham ministry he held the seals of secretary of state ;
and in 1766, was appointed minister plenipotentiary
to the court of France. He was endowed with con-
siderable abilities, improved by laborious perseverance,
and the associations incident to a military life. In
debate he evinced a prompt and decisive mind : always
seizing some censurable point, which he attacked with
force and pertinacity. His reprobation of the mea-
sures of administration was never qualified in terms
or manner, but always calculated to convince the
hearers that it was the genuine offspring of conviction.

' to say nothing of his words. It was perhaps the most ticklish and trying situa-
' tion man could be in ; yet he acquitted himself almost without censure.
' In short, he may take pensions, and titles, and resign at a critical juncture, and
' talk imprudently of guiding, &c. it is all nothing, when once he is heard.
' You remember, perhaps, how JSschines endeavoured to give an idea of the
' power of Demosthenes to the Rhodians when he was banished ; he is such
' a man, said ^Eschines, that were I to wrestle and throw him, he would per-
' suade you all that he threw me."

* Speech on American Taxation ; Burke's Works, vol. i. p. 548.

GEORGE III. 149

The Earl of Shelburne possessed ready powers of CHAP.
argumentation, applied himself to the commercial and
political relations of Great Britain, and was well versed 1774.
in foreign affairs. He was first lord of trade during Lord shei-
the Duke of Bedford's administration in 1763, and, burne -
under the auspices of Lord Chatham, by whom he was
held in high estimation, filled the office of secretary
of state.

Lord Camden was the principal law lord in opposi- Lord Camdcn.
tion, and his exertions were of the utmost importance.
He was a member of the House of Commons from
1754, till December 1761, when he was appointed
chief justice of the Common Pleas. In that court, he
presided with dignity, firmness, and impartiality : his
popularity was established by the memorable questions
relative to Wilkes, and considerably augmented by his
opposition to the American war. His legislative in-
formation was recommended by a ready, nervous, and
persuasive eloquence, and his reasonings were drawn
from a thorough and accurate knowledge of the con-
stitutional history of the country. He was personally
attached to Lord Chatham, to whom he was indebted
for his advancement, and o\uring whose administration
he was elevated to the dignity of lord chancellor, and
was the constant and persevering opponent of Lord
Mansfield.

The Dukes of Devonshire and Portland seldom ad- The Dukes of
dressed the house ; the former often compensated for J^rS? 8
silence by a few words of singular force and neatness : land.
they joined in the important protests, assisted the party
with all the weight of their connexion and personal
influence ; and were equally respected for independence
and integrity.

The lower house exhibited an unusual assemblage in the lower
of abilities on both sides.

Mr. Rigby, paymaster of the forces, was a vigor- Mr. Rigby.
ous and intrepid speaker. Sir Gilbert Elliott was en- Sir Gilbert
dowed with firm and manly sense, and clearness in Elliott,
detail, highly advantageous in debate ; and Sir Grey sir Grey
Cooper rendered essential services by knowledge of c 'i )er '
business, facility in debate, and a strict attention to,

150

HISTORY OF ENGLAND.

CHAP.
XXIV.

1774.

Mr. Dundas.

Mr. Jenkin-
son.

Mr. Thurlow.

Mr. Wedder-
burne.

Opposition.

Serjeant

Glynii.

and accurate acquaintance with, the affairs of finance ;
he enjoyed the full confidence of the minister, under
whose auspices he was introduced into parliament, and
to whom he remained invariably attached.

Mr. Dundas, lord advocate of Scotland, had ac-
quired considerable eminence by his proficiency in the
civil and common law, by application, and by the order
which he introduced into all the affairs of office. Al-
though he seemed to lie under some disadvantages
from his native accent, yet few were heard with greater
attention : he was an able and spirited debater, never
shrinking from the question, and declaring his opinions
with manly firmness, without the pomp of studied
phraseology, or the glare of rhetorical ornament.

Mr. Jenkinson, subsequently Lord Hawkesbury,
and Earl of Liverpool, first attracted public notice by a
treatise on the conduct of the Government of Great
Britain toward Neutral Nations ; he was versed in the
constitution, applied himself to commercial and politi-
cal questions, and spoke with correctness and precision.
He sate in two preceding parliaments, and his merits
were acknowledged by various ministers. In 1766,
during Lord Chatham's administration, he was a lord
of the Admiralty, and, in 1772, joint vice-treasurer of
Ireland.

The principal members of the robe who supported
administration, beside Sir Fletcher Norton, the speaker,
were Thurlow and Wedderburne.

Thurlow was nervous, impressive, and majestic ; he
delivered the resolute dictates of a superior intellect,
without soliciting applause. From him truth appeared
above the aid of art ; and the judgment was summoned
to yield without an appeal to the intervention of fancy.

Wedderburne was acute, perspicuous, elegant, and
persuasive ; he alternately essayed the force of rea-
son, and the charms of eloquence ; sometimes attack-
ing the judgment with refined argument, at other times
appealing to the fancy with the powers of wit and
graces of elocution.

The most distinguished lawyers in opposition were
Serjeant Glynn and Mr. Dunning. Glynii became

GEORGE III.

151

member for Middlesex, in consequence of his exertions
in behalf of Wilkes ; and to the same cause may be
attributed his attaining the recordership of London in
1772. He was not a frequent speaker, but generally
engaged in popular questions, and delivered his senti-
ments with eloquence and boldness. His health was
already much impaired, and an early death deprived
his party of his support.

Dunning enjoyed an unequalled reputation at the
bar, and had filled the office of solicitor-general. He
united a perfect knowledge of the law, with a liberal
view of politics. The meanness of his figure, the un-
gracefulness of his action, and monotony of his voice,
were all lost in the rapidity of his conceptions, the
fluency of his words, the flashes of his wit, and the sub-
tlety of his arguments.

Sir George Savile, who in the present and two pre-
ceding parliaments, represented the county of York,
was respected for the soundness of his understanding,
the firmness of his principles, and the integrity of his
motives. Possessed of a large fortune, and never
having accepted any official situation, he was not in-
fluenced by views of ambition, or fettered by obliga-
tions or connexions ; his opposition was constant and
vigorous, and he was considered at the head of the
country gentlemen in the minority.

Colonel Barre joined to a practical acquaintance
with affairs, a bold and nervous eloquence. He rea-
soned or ridiculed ; rolled the deep-toned thunder of
personal denunciation, or uttered sallies of sarcastic
animadversion, with equal readiness and equal effect ;
and with a constant disregard of urbanity and mo-
deration.

Mr. Burke came into Parliament under the imme-
diate auspices of the Marquis of Bockingham, to whom
he was introduced merely by the reputation of those
learned and admirable publications, which at an early
period fixed his fame on an enviable eminence. He
was Lord Bockingham's confidential political adviser,
and on his judgment and address the proceedings of
the anti-ministerial party in a great measure depended.

CHAP.

XXIV.

1774.

Mr. Dunning,

Sir George
Savile.

Colonel
Barre.

Mr. Burke.

152 HISTORT OF ENGLAND.

CHAP Burke enjoyed the rare advantage of being equally
eloquent in speech and in writing, and the Irish

1774. accent and manner, which he never lost, were forgot-
ten in the variety of his excellencies. He possessed
great literary taste, much learning, general knowledge,
an intimate acquaintance with the law of nations, and
a sagacity which penetrated into the political nature
of man, and confidently deduced, from visible causes,
those effects which to a less intuitive mind seemed re-
mote and problematical. At his first entrance into the
senate, he established a high reputation, which in all
the vicissitudes of a laborious life he never relin-
quished. His oratory was of the highest class ; and if
he appeared on some occasions to give the rein to his
fancy, to the prejudice of his judgment, it may be con-
fidently asserted that no man who spoke so much, and
on so many important topics, compensated for a few
faults with such a number and variety of beauties. If
Burke wandered, the elegance of the digression, and
the ingenuity with which it was reconciled to and con-
nected with the main subject, repaid the momentary
impatience of the auditor. If occasionally he seemed
to trifle, or descend below his proper level, he re-
gained his accustomed position with such elastic
vigour, and atoned for his temporary aberration with
such a splendid profusion of rhetorical beauties, that
the most captious felt ashamed to censure, and the
most fastidious were abundantly satisfied. To him all
nature and all science tendered tributary stores: in
this inexhaustible opulence, he consulted rather his
own resources than the mere wants of the subject, and
scattered the treasures of his intellect with unrestrained
prodigality : his fervid mind assailed the topic of dis-
cussion in every possible direction, and he seemed at
last to desist, not because he was exhausted, but because
the object of investigation could not afford a point on
which to fix a new illustration. To a poetical ardour
of imagination, Burke joined a warmth of temper
which occasionally transported him beyond the bounds
of discretion ; but even this frailty had no considerable
effect on his argumentation. If he was warm, his rea-

GEORGE III. 153

soning was not less cogent ; and although the indig- CHAP.
nant sensations of the moment sometimes produced

expressions which appeared inconsistent with prudence, 1774.
and derogatory to his high reputation ; still the cor-
rectness of his images, the happy application of his wit,
and the force of his raillery, obliterated the recollec-
tion of his defects, and left on the mind no other sen-
sations than those of exquisite gratification. Colonel
Barre equalled, or rather transcended, him in this fault,
but did not possess the same redeeming qualities. In
detailing general principles, Burke was extremely for-
tunate: they always seemed appropriate to his subject,
not introduced to cover a defect in the texture of his
chief argument, but generated from a natural combina-
tion of expansive knowledge, and specific investigation.
From him nothing appeared trite, nothing inelegant or
unfinished ; his faults as an orator arose from the ex-
cess of his excellencies ; he reasoned after the hearer
was convinced ; he illustrated when the topic was per-
fectly luminous ; he urged fresh grounds of defence
when acquittal was already secure ; and persevered in
accumulating motives of censure, when the indignation
of his audience had already attained its highest pitch.
He was formed most powerfully to support, assist, or
guide, but never to head a party.

At the period of which we are treating, the repu- Mr. Charles
tation of Mr. Burke was in its zenith, and his exertions Fox -
were sufficient to influence, in a considerable degree,
the politics of the times ; but, great and admired as
they were, the effect they produced was not to be com-
pared with that which resulted from the efforts of
the Honourable Charles James Fox, second son of
Lord Holland.

Mr. Fox displayed, at Eton and at Oxford, an ardent
attachment to classical literature, and gave presage of
his future genius by unwearied application to Cicero
and Demosthenes, and by preferring the Athenian to
the Roman orator. Even in the earliest periods of
life, and during all the vicissitudes of pleasure and
dissipation, he was indefatigable in the exercise of his
argumentative faculty. The indulgent partiality of

154 HISTORY OF ENGLAND.

xxrv kis father supplied abundant means of gratifying incli-

nations natural to a youth of warm passions, totally

1774. exempt from restraint; and his great talents were
shrouded from the view of those who could not discern
them through the veil of unbounded dissipation. He
obtained a seat in Parliament before the period of
legal maturity, and was, in 1770, appointed a lord of
the Admiralty ; but his support, though marked with
all the ardour of his temper and energy of his genius,
was not yet deemed essential to the cause of govern-
ment : he had more than once participated in the un-
popularity of administration, without the credit of
sharing the direction of their measures. In 1772, he
resigned his situation at the Admiralty with marks of
disgust, and was then expected to join the ranks of
opposition*. The difference was, however, accommo-
dated, and he soon afterward j" received a seat at the
treasury-board, from which he was dismissed in March
1774, with circumstances which occasioned the most
lively indignation. To the period of his quitting the
side of the minister, Mr. Fox was considered by some
as a man for whose political errors, and levity of con-
duct, youth and inexperience afforded charitable ex-
cuses J; but he soon " discovered powers for regular
" debate, which neither his friends had hoped, nor his
" enemies dreaded ." By an unaccountable deviation
from his usual path of urbanity, Lord North had
communicated his removal from office || in terms of
levity, if not derision, ill suited to the character and
pretensions of the individual who was dismissed. If, in
doing so, he was influenced by any opinion to the dis-
advantage of Mr. Fox, he soon had reason to repent
his error, and to find that he had " thrown a pearl
" away," the value of which was inestimable. If the
opposition party did not, at first, place unbounded
confidence in him, they soon felt the necessity of sub-

* Gibbon's Posthumous Works, vol. i. p. 449.

t 9th January, 1 773.

J Debates on Mr. Grenville's Act, 25th February, 1774.

The expression of Gibbon. Posthumous Works, vol. i. p. 489.

|| Chatham Correspondence, vol. iv. p. 327.

GEORGE III. 155

mitting to his guidance, for they found in him what xxrv '
they had so long been reproached with wanting a

leader a head. 1774.

The force of Fox's oratory cannot he adequately
described, and can be felt only by those who have
heard him on important occasions. His speeches
were luminous, without the appearance of concerted
arrangement ; his mind seemed by its masterly force
to have compressed, reduced, and disposed the whole
subject, with a confident superiority to systematic
rule ; the torrent of his eloquence increased in force
as the subject expanded ; the vehemence of his
manner was always supported by expressions of cor-
respondent energy ; and the decisive terms in which
he delivered his opinions, by precluding the possi-
bility of evasion, impressed a full conviction of his
sincerity, and gained regard even from the most
inveterate opponent. The distinguishing character-
istic of his arguments was profoundness ; his general
aim was the establishment of some grand principle, to
which all the other parts of his speech were subser-
vient ; and his genius for reply was singularly happy.
He not only combated the principal reasonings of his
adversaries, but, extending a generous protection to
his own partizans, rescued their speeches from ridicule
or misrepresentation. The boldest conceptions, and
most decided principles uttered by him, did not appear
gigantic ; he seldom employed exaggerated or tumid
phraseology ; and, in the greatest warmth of political
contest, few expressions escaped him which can be
cited to the disadvantage of his character as a gentle-
man. Rhetorical embellishments, though frequently
found in his harangues, did not seem the produce
of laborious cultivation, but spontaneous effusions.
Superior to art, Fox seemed to illustrate rules which
perhaps he had not in contemplation ; and the bold
originality of his thoughts and expressions would
rather entitle him to be considered the founder of a
new style of eloquence, than a servile adherent to any
established practice. Burke, studious and indefati-
gable, from his continually augmenting stores, poured

156 HISTORY OF ENGLAND.

^JJJy knowledge into the mind of Fox ; but in debate their
manners were widely dissimilar : Fox depended on his

1774. natural and daily improving genius for argumentation ;
Burke on those beauties which his taste and learning
enabled him to collect and dispose with so much grace
and facility ; his speeches were listened to with admi-
ration as vehement and powerful pleadings ; but Fox
was always elevated above his subject, and, by energy
of manner, and impetuosity of oratory, staggered the
impartial, animated his adherents, and threw uneasi-
ness, alarm, and astonishment into the minds of his
opponents.

Such were the principal men to whom the discus-
sion of the grand question relative to the rights and
authority of Great Britain over her colonies was com-
mitted ; who, by their conduct as ministers, or their
exertions in support of, and opposition to, the measures
of government, regulated the progress of this im-
portant contest*.

* In depicting these characters, my own judgment and recollection have been
much assisted by private information. The eloquent Gibbon, in his usual masterly
manner, has described this parliament in his Memoirs, published by Lord
Sheffield, p. 146, " I assisted at the debates of a free assembly ; I listened to
" the attack and defence of eloquence and reason ; I had a near prospect of the
" characters, views, and passions of the first men of the age. The cause of
" Government was ably vindicated by Lord North, a statesman of spotless in-
" tegrity, a consummate master of debate, who could wield, with equal dexterity,
" the arms of reason and of ridicule. He was seated on the treasury-bench
" between his attorney and solicitor-general, the two pillars of the law and state,
" magis pares quam similes ; and the minister might indulge in a short slumber,
" while he was upholden on either hand by the majestic sense of Thurlow, and
" the skilful eloquence of WedderbiTrne. From the adverse side of the house
" an ardent and powerful opposition was supported by the lively declamation of
" Barre ; the legal acuteness of Dunning; the profuse and philosophic fancy of
' ' Burke ; and the argumentative vehemence of Fox, who, in the conduct of a party,
" approved himself equal to the conduct of an empire. By such men every opera-
" tion of peace and war, every principle of justice or policy, every question of
" authority and freedom, was attacked and defended ; and the subject of the
" momentous contest was the union or separation of Great Britain and America."
Many of the persons who were conspicuous in this parliament are ably described
by Mr. Butler, in the two volumes of his Reminiscences.

GEORGE III. 157

CHAPTER THE TWENTY-FIFTH.
17741775.

Meeting of Parliament. King's speech. Amendment moved.
Protest. Seamen reduced. Attempt to make arrange-
ments through Dr. Franklin. Papers laid before Parlia-
ment. Lord Chatham's motion for removal of troops
negatived. He moves for leave to bring in a bill for quiet-
ing the troubles in America. Heads of the bill. Opposed
by Lord Sandwich and the Duke of Grafton. Supported
by Lord Camden and Lord Shelburne. Personal alter-
cations. Intemperate speech of Lord Chatham. Reply.
Petitions in favour of the Americans referred to a com-
mittee. Petition of Dr. Franklin and others rejected.
Committee on American papers. Motion for an address
carried. Motion to recommit the address negatived.
Conference. Debate in the House of Lords. Energetic
speech of Lord Mansfield. Personal altercation. Motion
carried. Protests. Augmentation of forces. New Eng-
land restraining bill. Petitions. Evidence. Debate on
the third reading. Opposed in the House of Lords. Amend-
ment made and withdrawn. Bill for restraining other
colonies. Bounties to Ireland. Intimacy between Lord
Chatham and Dr. Franklin. Another attempt at nego-
tiation. Lord North's conciliatory propositions. Sup-
ported by Governor Pownall. Embarrassment of the mi-
nister. He is extricated by Sir Gilbert Elliott. Resolution
agreed to. Burke's motion. His speech. Proposition
rejected.- -Mr. Hartley's plan negatived. New York
remonstrance rejected. Attempt to repeal the Quebec
act. Proceedings in both houses respecting the exclusion
of strangers. Alderman Sawbridge's annual motions.
Speech of Mr. "VVilkes, His motion relative to his own ex-
pulsion. Other proceedings. Prorogation.

158

HISTORY OF ENGLAND.

CHAP.
XXV.

1774.

29th Nov.

Meeting of

parliament.

30th.

King's

speech.

Motion for
an address.

Amendment
proposed.

Lords' pro-
test.

THE House of Commons having re-elected Sir
Fletcher Norton speaker, the King opened the session,
by mentioning, with great concern, the continuing
prevalence of a daring spirit of resistance to the laws,
which in Massachusetts Bay had broken forth in fresh
violences, of a very criminal nature, and was counte-
nanced and encouraged in other colonies. Measures
had been adopted to enforce the acts of last session for
the protection of commerce, and re-establishment of
peace, order, and good government. His Majesty de-
clared his resolution to withstand every attempt to
weaken or impair the supreme authority of the legisla-
ture over all his dominions, the maintenance of which
he considered essential to the dignity, safety, and wel-
fare of the empire.

An address, in conformity with the sentiments ex-
pressed in the speech, was moved by the Earl of Hills-
borough, and seconded by the Earl of Buckinghamshire.

The duke of Richmond proposed an amendment,
requiring information, and promising, when it was af-
forded, to apply with the utmost zeal to such mea-
sures as would tend to secure the honour of the
crown, the true dignity of the country, and the har-
mony and happiness of all his Majesty's dominions.

Lord Lyttelton said the question was no longer
one of taxation, but whether we should renounce
the benefits of the act of navigation, and lay our com-
merce open to the will of the factious Americans, who
were struggling for a free and unlimited trade, indepen-
dent of the mother-country; that if government should
now, in the least degree, recede, America, instead of
being subject, would soon give laws to Great Britain.

Lord Camden, on the other side, urged the inex-
pediency of coercive measures at this time : they
might be effectual in the infancy of a settlement ; but
when, by commerce, the colonists had acquired power,
and from the increase of numbers had derived strength,
it was impolitic and dangerous to compel their sub-
mission to laws which would impose the least burthen
or restraint on that trade by which alone they existed.
The amendment was rejected*, and the unusual mea-

* 63 to 13.

GEORGE III. 159

sure of protesting against its rejection was adopted by CHAP.

nine peers, who " would not without inquiry and in-

" formation commit themselves with the careless 1774.

" facility of a common address of compliment in

" declarations which might lead to measures, in the

" event fatal to the lives, property, and liberties of their

" fellow-subjects, and which might precipitate their

" country into the horrors of civil war."

In the House of Commons, the address was 5th Dec.
moved by Lord Beauchamp, and seconded by Mr. De *"
Grey. An amendment, proposed by Lord John
Cavendish, requiring a communication of the intelli-
gence received from America, was resisted, on the
ground, that, admitting the expediency of a reconcilia-
tion with the colonies, yet, as they had not offered
terms, England could not be the first to submit. The
address was carried by a majority, which proved the
strength of the minister in the new parliament*. But
it is to be observed, that several members, who de-
clared themselves not attached to either side, voted for
the address, because they considered it a matter of
course, while they held themselves perfectly free from
any engagement to vote for future measures of which
they might not approve. Mr. Fox vehemently cen-
sured the manner in which the galleries were cleared,
as a mere trick to stifle inquiry and prevent debate. Seamen
Had the public been admitted as usual, ministers must r<
have been obliged to break that silence and unconcern
which they now affected to hold.

Sufficient information had not yet arrived con-
cerning the extent of American resistance : the letters
hitherto received from the governors warranted in-
deed the observations in the King's speech, but con- 12th Dcc -
tained neither facts nor inferences which could justify
the ministry in stating to parliament the expectation
of an armed opposition. The number of seamen was
therefore reduced from twenty to sixteen thousand,
and the land forces fixed at seventeen thousand five
hundred and forty-seven effective men. These estimates,
although not regularly opposed, did not pass without

* 264 against 73.

160 HISTORY OF ENGLAND.

C HAP. considerable debates, of which the state of America
formed the principal subject. The minister acknow-

1774. ledging that the measures adopted by the last parlia-
ment had not been attended with their expected effect,
promised the communication of papers, and that a
committee should be formed to take into consideration
the affairs of America.

Fresh inteiii- Intelligence received during the recess, more un-
gencere- equivocally ascertained the disposition of the Ameri-
cans, and included accounts of all their proceedings to
the seizure of Fort William and Mary.

Attempt to While Dr. Franklin remained in England, after

make arrange- w hat he terms " the affront that was given him at the
Dr n Frankiin. " council-board," an effort was made to gain the ad-
November. vantage of his ability and influence in reconciling the
people of America, and preventing further conflict.
With some appearance of contrivance, but none of
dexterity, he was introduced, for the purpose of playing
at chess, to Mrs. Howe, sister to Lord Howe, and after-
wards, through her, was induced to draw up, for the
consideration of Mr. Barclay and Dr. Fothergill, two
distinguished characters among the quakers. a set of
proposals, the granting of which he supposed would
produce a durable union between Great Britain and
her colonies. They were seventeen in number ; some
sufficiently reasonable to be acceded to without hesi-
tation, some of such a nature as to render a long con-
tinuance of union impossible, and others extremely
arrogant and unfit even to be required. The petition
of congress to the King was accompanied with instruc-
tions to the several agents for the colonies*, after pre-
senting it, to make the contents public through the
25th. p resS) together with the list of grievances. Just at
this period, Dr. Franklin was introduced to Lord
Howe, and mutual explanations took place. His lord-
ship, declaring himself to be merely an independent
member of parliament, neither attached to the ministry
nor devoted to opposition, was anxious to obtain the
influence of the Doctor, which would be more effectual

* Namely, Paul Wentworth, Esq. Dr. Benjamin Franklin, William Bollen,
Esq. Dr. Arthur Lee, Thomas Life, Esq. Edmund Burke, Esq. and Charles
Garth, Esq.

GEORGE III. 161

than that of any other man toward composing differ-
ences and producing reconciliation. Franklin pro-
fessed a sincere desire to heal the breach between the 1775
two countries, but expressed an apprehension, from
the King's speech and the measures said to be in
agitation, that no desire of accommodation existed in
the present ministry. It was afterward explained to
him, both by Lord Howe and Governor Pownall, that
Lord North and Lord Dartmouth did not approve of
the measures pursued, and entertained an earnest
desire to accommodate differences, and listen favour-
ably to any propositions that might have a probable
tendency to produce that effect. Lord Howe suggested
a mission to America, for the purpose of inquiring
into grievances, conversing with the leading people,
and endeavouring to agree with them on means of
composing differences ; and was answered, that a
person of rank and dignity, who had a character for
candour, integrity, and wisdom, might be of great use.
The sequel was that which from the beginning might
have been expected. The very reasonable proposition,
that the people of Boston should make compensation
for the destruction of the tea, was resisted on the
ground that, Parliament having no right to tax the
people of America, all that had been extorted from
them by the operation of the duty acts with the assist-
ance of an armed force, preceding the destruction of the
tea, was so much injury, which ought, in order of time,
to be first repaired ; it was not, therefore, likely that
the Americans would pay, in the first place, the value
demanded, especially as twice as much injury had
since been done them by blocking up the port ; and
their castle, which was also seized before by the crown,
had not been restored to them, nor any satisfaction
offered.

Such pretensions afforded no hope of an amicable
arrangement : it is not easy to imagine that a man
indued with Franklin's sagacity expected it. To place
speculative wrong in the balance against actual violence
and depredation, to assert a right paramount to that of
the Crown over the fortresses of a province, displayed

VOL. II. M

162

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

19th Jan.
Papers laid
before Par-
liament.

20th Jan.
Lord Chat-
ham's mo-
tion for re-
moval of
troops.

no signs of a disposition toward conciliation. The
American agent was, doubtless, too well acquainted
with the temper of his constituents to suppose that
they intended anything but insult and defiance. In
this position the discussion remained when Parliament
re-assembled after the recess*.

Lord North took the earliest opportunity of laying
before Parliament numerous papers from all the colo-
niesf, containing letters, proclamations, narratives of
proceedings, and other interesting documents, together
with sentiments of governors and other public men, on
the state of affairs. These were submitted to a com-
mittee.

Animated by strong feelings, and fortified by much
preparation, Lord Chatham moved an address, advising
and beseeching the King to allay the unhappy fer-
ments and animosities in America, by removing the
troops from Boston as soon as the rigour of the season
and other circumstances might permit. In his speech,
he censured the delay of communication, accused the
ministry of deluding the people by false representa-
tions, and recommended instant efforts to effect a
reconciliation before the meeting of the delegates.
He was anxious not to lose a day, since the loss
even of an hour might produce years of calamity.
" Nothing," he said, " but being nailed to my bed by
" the extremity of sickness, shall prevent me from
" paying unremitted attention to so important a sub-

* This narrative, and some facts hereafter mentioned, are derived from the
Memoirs of Dr. Franklin, where, with minuteness and particularity, they are
given in his own words, and occupy sixty quarto pages, vol. i. p. 223 to 283.
In Mr. Jefferson's Memoirs, an attempt is made to cast some doubt on the au-
thenticity of this relation ; the MS. having, as he says, been presented to him
as a donation by Dr. Franklin, when in a dying state, and afterwards given to
Mr. William Temple Franklin, the editor and compiler of his relative's Memoirs
and works. Mr. Jefferson seems to have suspected that the paper would be alto-
gether suppressed, or much mutilated ; but in this he appears to have been no
more correct than in the assertion made, from supposed memory, that Lord
North's answers were dry, unyielding, in the spirit of unconditional submission,
and betrayed an absolute indifference to the occurrence of a rupture; and that he
said to the mediators distinctly, at last, that a rebellion was not to be deprecated
on the part of Great Britain; that the confiscations it would produce would
provide for many of their friends. Jefferson's Memoirs, vol. i. p. 94. It is hardly
necessary to say that this assertion is no more consistent with the character of
Lord North than with the narrative of Franklin.

t There were at first no letters from Maryland ; but the deficiency was after-
ward supplied.

GEORGE III. 163

" ject. I will knock at the door of this sleeping and

" confounded ministry, and rouse them to a sense of _

" their imminent danger. When I state the import- 1775.

" ance of the colonies, and the magnitude of the

" danger hanging over this country, from the present

" plan of mis-administration, I desire not to be under-

" stood to argue a reciprocity of indulgence between

" England and America. I contend not for indulgence,

" but justice, to America ; and I shall ever contend,

" that the Americans justly owe obedience to us in a

" limited degree : they owe obedience to our ordi-

" nances of trade and navigation ; but let the line be

" skilfully drawn between the objects of those ordi-

" nances, and their private internal property ; let the

" sacredness of their property remain inviolate ; let it

" be taxed only by their own consent, given in their

" provincial assemblies ; else it will cease to be pro-

" perty. As to the metaphysical refinements, attempt-

" ing to shew that the Americans are equally free

" from obedience and commercial restraints, as from

" taxation for revenue, as being unrepresented here ;

" I pronounce them futile, frivolous, and groundless.

" Resistance to your acts was necessary as it was just ;

" and your vain declarations of the omnipotence of Par-

" liament, and your imperious doctrines of the neces-

" sity of submission, will be found equally impotent to

" convince or enslave your fellow-subjects in America,

" who feel that tyranny, whether ambitioned by an in-

" dividual part of the legislature, or the bodies who

" compose it, is equally intolerable to British subjects.

" The means of enforcing this thraldom are found to

" be as ridiculous and weak in practice, as they are

" unjust in principle. Indeed, I cannot but feel the

" most anxious sensibility for the situation of General

" Gage and the troops under his command ; thinking

" him, as I do, a man of humanity and understanding ;

" and entertaining, as I ever will, the highest respect,

" the warmest love, for the British troops. Their situ-

" ation is truly unworthy ; penned up pining in in-

" glorious inactivity ; they are an army of impotence :

M 2

164 HISTORY OF ENGLAND.

" you may call them an army of safety and of guard ;
" but they are, in truth, an army of impotence and
1775. " contempt : and, to make the folly equal to the dis-
" grace, they are an army of irritation and vexation.
" I mean not to censure their inactivity; however
" contemptible, it cannot be blamed, for the first drop
" of blood shed in civil and unnatural war may be
" l immedicdbile vulnus.' Adopt the grace while you
" have the opportunity of reconcilement : or at least
" prepare the way. Allay the ferment prevailing in
" America, by removing the obnoxious hostile cause :
" obnoxious and unserviceable; for their merit can only
" be in inaction ; ' Non dimicare estvincere,' their victory
" can never be by exertions. Their force would be most
" disproportionately exerted against a brave, generous,
" and united people, with arms in their hands and
" courage in their hearts : three millions of people,
" the genuine descendants of a valiant and pious an-
" cestry, driven to those deserts by the narrow maxims
" of a superstitious tyranny. And is the spirit of per-
" secution never to be appeased 1 Are the brave sons
" of those brave forefathers to inherit their sufferings
" as they have inherited their virtues ? Are they to sus-
" tain the infliction of the most oppressive and unex-
" ampled severity beyond the accounts of history, or
" description of poetry 1 ' Rhadamanthus habet duris-
" sima regna, castigatque, auditque :' so says the wisest
"* poet, and perhaps the wisest statesman and politician
" of antiquity : but our ministers say, the Americans
" must not be heard. They have been condemned un-
" heard ; the indiscriminating hand of vengeance has
" lumped together innocent and guilty ; with all the
" formality of hostility, has blocked up the town, and
" reduced to beggary and famine thirty thousand in-
" habitants." Some years ago, when the repeal of the
stamp-act was in agitation, a person of undoubted
respect and authenticity had said to him, with a cer-
tainty derived from judgment and opportunity, " You
" may destroy their towns, and cut them off from the
" superfluities and perhaps the conveniencies of life ;

GEORGE III. 165

" but they are prepared to despise your power, and will
" not lament their loss, while they have their woods
" and their liberty*." 1775.

He extolled the Congress, as more wise and more
prudent than the meeting of ancient Greece : Thucy-
dides recorded nothing more honourable, more respect-
able, than that despised convention : their proceedings
were remarkable for firmness, temper, and moderation,
and it would be happy for Great Britain, if the House
of Commons were as freely and uncorruptly chosen.
" Ministers may satisfy themselves, and delude the
" public with the report of what they call commercial
" bodies in America. They are not commercial:
" they are your packers and factors ; they live upon
" nothing for I call commission nothing ; I mean
" the ministerial authority for this American intelli-
" gence ; the runners for government who are paid for
" their intelligence. But these are not the men, nor
" this the influence, to be considered in America, when
" we estimate the firmness of their union. Trade in-
" deed increases the glory and wealth of a country ;
" but its real wealth and stamina are to be looked for
" among the cultivators of the land ; in their simplicity
" of life is found the simpleness of virtue, the integrity
" and courage of freedom. These true genuine sons
" of the earth are invincible ; they surround and hem
" in the mercantile bodies, and, if it were proposed to
" desert the cause of liberty, would virtuously exclaim ;
" ' If trade and slavery are companions, we quit trade ;
" ' let trade and slavery seek other shores, they are not
" ' for us !' This resistance to your arbitrary system of
" taxation might have been foreseen : it was obvious
" from the nature of things, and of mankind, and,
" above all, from the whiggish spirit flourishing in that
" country. The spirit which now resists your taxation
" in America, is the same which formerly opposed
" loans, benevolences, and ship-money in England.
" The same spirit which called all England on its legs,

* This sentiment his lordship is supposed to have derived from Dr. Franklin,
who, by his express desire and through his personal introduction, was present at
the debate. Lord Chatham's Correspondence, vol iv. p. 372 376.

166 HISTORY OF ENGLAND.

" and by the bill of rights vindicated the English con-
" stitution the same principle which established the
1775. " great, fundamental, essential maxim of our liberties,
" that no subject of England shall be taxed but by his
" own consent this glorious spirit of whiggism ani-
" mates three millions in America, who prefer poverty
" with liberty, to gilded chains and sordid affluence ;
" and who will die in defence of their rights as men
" as freemen. The cause of America is allied to every
" true whig : the whole Irish nation, all the true
" English whigs, the whole people of America com-
" bined, would amount to many millions of whigs
" averse to the system. To such united force, what
" force shall be opposed 1 'What, my lords 1 A few
" regiments in America, and seventeen or eighteen
" thousand men at home ! The idea is too ridiculous
" to take up a moment of your lordships' time. Nor
" can such a rational and principled union be resisted
" by tricks of office, or ministerial manoeuvre. Laying
" of papers on your table, or counting noses on a divi-
" sion, will not avert or postpone the hour of dan-
" ger : it must arrive, unless these fatal acts are done
" away. It must arrive, in all its horrors ! and then
" these boastful ministers, 'spite of all their confidence,
" and all their manoeuvres, shall be forced to hide their
" heads ! They shall be forced to a disgraceful aban-
" donment of their present measures and principles :
" principles which they avow, but cannot defend ;
" measures which they presume to attempt, but can-
" not hope to effectuate. They cannot stir a step ;
" they have not a move left ; they are checkmated.
" It is not repealing this or that act of parliament it
" is not repealing a piece of parchment that can re-
" store America to our bosom : you must repeal her
" fears and her resentments ; and may then hope for
" her love and gratitude. But now insulted by an
" armed force at Boston, irritated with a hostile array
" before her eyes, her concessions, if they could be
" forced, would be suspicious and insecure ; they will
" be, irato animo, not sound honourable pactions of
" freemen ; but dictates of fear, and extortions of force.

GEORGE III. 167

" It is, however, more than evident you cannot force CHAP.

" them, principled and united as they are, to your un-

" worthy terms of submission ; it is impossible ! and 1775.

" when I hear General Gage censured for inactivity,

" I must retort with indignation on those whose intem-

" perate measures and improvident counsels have be-

" trayed him into his present situation. His situation

" reminds me of the answer of a French general in the

" civil wars of France. Monsieur Conde, opposed to

" Monsieur Turenne, was asked how it happened that

" he did not take his adversary prisoner, as he was

" often very near him ? ' J'ai peur,' replied Conde very

" honestly, ' J'ai'peur qu'ilnemeprenne ;' ' I am afraid

" he will take me.'

" We shall be forced ultimately to retract ; let us
" retract while we can, not when we must. These vio-
" lent oppressive acts must be repealed you will re-
" peal them I pledge myself for it that you will in the
" end repeal them I stake my reputation on it ! I will
" consent to be taken for an idiot, if they are not finally
" repealed ! Avoid then this humiliating, disgraceful
" necessity. With a dignity becoming your exalted situa-
" tion, make the first advances to concord, to peace, and
" to happiness ; for that is your true dignity, to act with
" prudence and with justice. That you should first
" concede is obvious, from sound and rational policy.
" Concession comes with better grace and more salu-
" tary effect from the superior power; it reconciles
" superiority of power with the feelings of men: and
" establishes solid confidence on the foundations of
" affection and gratitude. So thought a wise poet, and
" a wise man in political sagacity ; the friend of Mee-
" cenas, and the eulogist of Augustus: to him, the
" adopted son of the first Csesar, to him, the master of
" the world, he wisely urged this conduct of prudence
" and dignity:

" ' Tuque prior, tu parce ; genus qui ducis Olympo ;
" ' Projice telamanu."

" On the other hand, every danger impends to deter
" you from perseverance in the present ruinous mea-

168

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Supported.

" sures. Foreign war hanging over your heads by a
" slight and brittle thread ; France and Spain watching
" your conduct, and waiting for the maturity of your
" errors. If the ministers thus persevere in misad-
" vising and misleading the King, I will not say they
" can alienate the affections of his subjects from the
" crown, but I will affirm they will make the crown
" not worth his wearing. I will not say, the King is
" betrayed; but I will pronounce the kingdom un-
" done*."

Lord Chatham's motion was supported by the Duke
of Richmond, the Marquis of Rockingham, Lords Shel-
burne and Camden. They insisted that the assertion
of the omnipotence of Parliament was an abstract me-
taphysical question, purposely introduced into the dis-
cussion of American affairs to delude alike the Parlia-
ment and people : the very lowest mechanic was in-
flated with his own importance, as a party in a contest
with traitors, vagabonds, and base ungrateful rebels.
But, whatever stress might be laid on the legislative
supremacy of Great Britain (and the doctrine was just
when properly directed), it was no less true, and conso-
nant to the reasonings of all speculative writers on go-
vernment, that no man, on the true principles of natu-
ral or civil liberty, could, without his own consent, be
divested of any part of his property. The question
was not, in fact, referred to the people or Parliament,
because an administration consisting of four or five
persons, and those again guided by one man, held an
absolute sway over Parliament ; between the ministry,
therefore, and all America, was the issue depending.
The acts of last session were analysed, and declared
highly unconstitutional; and Lord Camden quoted
Selden and Blackstone, to prove, that although the va-
rious circumstances and incidents which might justify
resistance could not be exactly defined, the people at
large, possessing the original rights necessary to their

* This speech is taken from Debrett's Debates, corrected and assisted by a
report by Hugh Boyd ; the History of Lord North's Administration, p. 187 ; and
the Annual Register for the year 1775, p. 47.

GEORGE III. 169

own happiness and preservation, had a right to recall CHAP.

a delegated power and authority, whenever abused to '_

their own ruin and destruction. 1775.

The motion was opposed by the Earls of Suffolk, opposed.
Rochford, and Gower; Viscounts Townshend and
Weymouth ; and Lcrd Lyttelton.

They traversed Lord Chatham's statements and
his encomiums on the Congress, who in their proceed-
ings and resolutions breathed the spirit of indepen-
dency and rebellion. The British Parliament pos-
sessed an indubitable legislative supremacy; an inactive
right was absurd ; if right existed, it must be asserted,
or for ever relinquished. The difficulties of the mo-
ment would be infinitely augmented by the lapse of a
few years : and disobedience to Parliament, once con-
nived at, would invalidate every claim to dominion
over America. The obnoxious acts were specifically
defended ; the Boston port act would, but for the ob-
stinacy of the people, have executed itself, and, by
causing the indemnification of the East India Com-
pany, have re-established the port, and facilitated a
complete reconciliation. The resolutions of Congress
against these acts, demonstrated that the views of the
Americans extended beyond the professed limits of a
redress of grievances, even to the overthrow of the act
of navigation, that great palladium of British com-
merce. The question was not limited to revenue : but
in its determination would decide whether that great
commercial system on which the strength and pros-
perity of Great Britain and the mutual interests of
both countries vitally depended, should be destroyed
to gratify the foolishly ambitious temper of a turbulent
and ungrateful people. The parent state should never
relax, till her supremacy was acknowledged ; but
dutiful compliance would be attended with every in-
dulgence consistent with the real interest of both
countries; previous concession would be impolitic,
pusillanimous, and absurd. It was a duty incumbent
on administration to pursue their object of subduing
the rebellious Americans; and the Earl of Suffolk,
Secretary of State, explicitly avowed the ministerial

170

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Negatived.
1st Feb.
Lord Chat-
ham brings
in a bill.

resolution of enforcing obedience by arms, acknow-
ledging with pride that he had advised coercive mea-
sures, from a conviction of their necessity. All in-
quiry into the state of the troops at Boston and the
conduct of General Gage was deprecated, from the im-
possibility of forming a judgment at so great a distance,
and from such slender materials as Parliament pos-
sessed. The motion was negatived*.

In the course of the debate, an observation was
made on the facility with which the measures of mi-
nisters were censured by those who proposed nothing
better. In answer, Lord Chatham said he had framed
a plan of adjustment, solid, honourable, and perma-
nent ; and he took the earliest occasion to present it
under the form of " A provisional act for settling the
" troubles in America ; and for asserting the supreme
" legislative authority and superintending power of
" Great Britain over the colonies." His introductory
speech was short; urging the necessity of an im-
mediate effort at conciliation. Great Britain and
America, he said, were drawn up in martial array,
waiting for the signal to engage in a contest, in which
it was little matter for whom victory declared, as ruin
and destruction must be the inevitable consequence to
both. He wished to act the part of mediator ; but no
desire for popularity, no predilection for his own
country, not his high esteem for America on one
hand, nor his unalterable steady regard for Great
Britain on the other, should influence his conduct.
He loved the Americans, as men prizing and setting
the just value on that inestimable blessing, liberty;
but were he once persuaded that they entertained the
most distant intention of rejecting the legislative su-
premacy, and the general, constitutional, superintend-
ing authority and controul of the British legislature,
he would be the first and most zealous mover for ex-
erting the whole force of Britain in securing and

* Contents 18 Non-contents 68. The division -was remarkable by the ap-
pearance of the Duke of Cumberland in the minority. Lord Chatham's prepara-
tion for this effort, its progress and effect, are displayed in his Correspondence,
vol. iv. p. 369 to 386.

GEORGE III. 171

enforcing that power. He entreated the assistance of
the House in digesting his crude materials, and in
adapting them to the dignity and importance of the 1775.
subject, and their great ultimate ends.

The bill affirmed that the colonies of America
were of right dependent on the imperial crown of
Great Britain and Ireland, and that Parliament had biif.
full power to bind America in all matters relating to
the general weal of the whole dominion of the im-
perial crown, beyond the local competency of distinct
colonial representative bodies, and particularly in the
regulation of navigation and trade ; and that all sub-
jects in the colonies were bound in duty and allegiance
duly to recognize and obey the supreme legislative
authority and superintending power of Parliament.
To quiet groundless jealousies and fears respecting a
standing army, without derogating from the legislative,
constitutional, and hitherto unquestioned prerogative
of the Crown, it was declared that no military force,
however raised and maintained according to law, could
be lawfully employed to violate and destroy the just
rights of the people. By the clause respecting taxa-
tion, no tallage, tax, or charge for the king's revenue,
was to be levied in America, without legal consent of
the provincial assemblies. The delegates to the late
general Congress were agair^ to meet in May, and con-
sider on a due recognition of the supreme legislative
authority, and superintending power of Parliament;
and of a free grant of a certain perpetual revenue, to
be disposed of by Parliament in alleviation of the na-
tional debt, which had, in no inconsiderable part, been
incurred for the extension, defence, and prosperity of
the colonies. This free grant was to be adjusted and
apportioned by the delegates to Congress, they being
duly authorized and empowered by their respective
provinces ; they were, as an indispensable condition,
before these acts should have any force, fully to recog-
nize the supreme legislative authority and superintend-
ing power of Parliament ; but it was not to be under-
stood as a condition of redress, but as a just testimony
of affection. The prayer of the petition of Congress

172

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Debate.
Proposal of
Lord Dart-
mouth.

Opposition
of Lord
Sandwich.

was then to be granted by restrictions on the admiralty
jurisdiction ; a restoration of the trial by jury, where
abolished, in civil cases ; a renunciation of the power
of removing persons indicted for murder to other pro-
vinces, or to Great Britain for trial ; and a repeal of all
the acts relating to America, from the fourth year of
the King to those of the last session, including the
Quebec act, and that for quartering soldiers. The
judges were to hold their offices, with salaries from the
Crown, as in England, during good behaviour ; and
the colonial charters were confirmed, and declared ex-
empt from invasion or resumption, except for misuser,
or some legal grounds of forfeiture. The bill con-
cluded with these words ; "So shall true reconcile-
" ment avert impending calamities, and this most
" solemn national accord between Great Britain and her
" colonies stand an everlasting monument of clemency
" and magnanimity in the benignant father of his peo-
" pie ; of wisdom and moderation in this great nation,
" famed for humanity as for valour ; and of fidelity and
" grateful affection from brave and loyal colonies to
" their parent kingdom, which will ever protect and
" cherish them." Nor was this florid style confined to
this paragraph ; it pervaded the whole bill.

An animated debate ensued. The Earl of Dart-
mouth, secretary of State for America, expressed a
wish that the bill might lie on the table, to be taken
into consideration after the adoption of some reso-
lutions relative to the papers already communicated.

This apparent moderation was highly displeasing
to Lord Sandwich, who, after the bill had been read a
first time, insisted that any concession was an abandon-
ment of the cause of government. The Americans
had formed the most hostile and traitorous designs,
and were guilty of actual rebellion in seizing the
King's forts and ammunition, with an avowed in-
tention of employing them against him. The mode of
introducing the bill was unparliamentary and unpre-
cedented. The stale pretence of preserving our com-
mercial interests by concessions was a device which
could impose on none but those who were \\41fully

GEORGE III. 173

blind, and resolved to contradict the plainest evidence CHAP.

of facts; the Americans were not disputing about '_^

words, but realities ; their aim was to be freed from 1775
commercial restrictions; they courted the trade of
other nations, and he had in his pocket letters which
would undeniably prove that ships were then lading at
L'Orient, Havre-de-Grace, and Amsterdam, with East
India and European commodities for America. He
therefore moved the immediate rejection of the bill.

He was supported by the Duke of Grafton, Earl Opposition
Gower, and the Earl of Hillsborough. The Duke of Lords : er
Grafton particularly denounced the unparliamentary
manner of hurrying the bill into the house ; he had
had the honour of sitting there longer than the noble
earl, and remembered no similar instance. So great
a variety of subjects should not have been combined,
but distinctly discussed. Other opponents of the bill
contended that it was calculated to gratify the Ameri-
cans in every particular, but offered no security for
concession on their part. It sanctified and legalized
the late congress, and warranted another assembly of
the same description. The acts of parliament proposed
to be repealed were successfully defended, particularly
the Quebec act, which was peculiarly extolled for mo-
deration, justice, and policy.

The bill was supported by the Duke of Richmond, Bil1 supported.
Earl of Shelburne, and Lord Camden. Lord Shel-
bume described a ruined commerce, starving manu-
facturers, increased taxes, heavy poor's-rates, rents
fallen, an exhausted exchequer, and a diminished re-
venue, as inevitable consequences of the measures pur-
sued by administration. Famine must also necessarily
ensue, from the discontinuance of the vast supply of
bread-corn derived from America. In that case, all
the military force of the kingdom would be requisite
to keep the people in due restraint, as was fully demon-
strated during the scarcity in 1766. The ministry
were generally challenged to discuss the principles of
the bill, although an immediate decision was profes-
sedly not required. The laws proposed to be repealed
were analysed with great severity, particularly those of

174

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Personal
altercation.

Intemperate
speech of
Lord Chat-
ham.

last session. Nor was the probability of foreign inter-
ference omitted; and the ministry were particularly
cautioned by Lord Shelburne against trusting to the
assurances of their inveterate enemies.

A more moderate party, consisting of the Duke of
Manchester, Earl Temple, and Lord Lyttelton, disap-
proved many parts of the bill, but deprecated its sud-
den rejection, as an unnecessary insult to an exalted
character. Lord Temple attributed all the evils and
distractions to the fatal repeal of the stamp act ; and
the laws of the last session were more exceptionable
in mode than matter. Lord Lyttelton voted against
the rejection of the bill, yet differed in many respects
from Lord Chatham, particularly on the subject of the
Quebec act, against the repeal of which he strenuously
contended.

In the course of the debate much personal alterca-
tion arose. The Duke of Richmond animadverted
with great severity on Lord Gower ; and Lord Chat-
ham, in arguing Lord Sandwich's motion, uttered a
tremendous philippic against the whole administration.

He began with his quandam colleague in office,
and very humble servant, the Duke of Grafton, on
whose logic he descanted with great severity. Could he
be more justly charged with hurrying the business into
the house, or his grace with hurrying it out 1 America
was declared in rebellion; eleven days had elapsed
since his last motion, and no measure had yet been
proposed by any of the King's servants. " Even now,"
he said, " if they will assure me they have a plan to
" offer, I will give them a proof of candour they do
" not deserve, by instantly withdrawing my bill." The
indecent attempt to stifle the measure in embryo would
not sink it in oblivion ; it would make its way to the
public, to the nation, to the remotest wilds of Ame-
rica ; it would be coolly investigated, and appreciated
by its merits or demerits alone. " I am not astonished,"
he continued, " that men who hate, should detest those
" who prize liberty ; or that those who want, should
" persecute those who possess virtue. I could demon-
" strate, were I so disposed, that the whole of your

GEORGE 111. 175

" political conduct has been one continued series of

" weakness, temerity, despotism, ignorance, futility,

" negligence, blundering, and the most notorious ser- 1775.

" vility, incapacity, and corruption. On reconsidera-

" tion, I must allow you one merit, a strict attention to

" your own interests : in that view you appear sound

" statesmen, and able politicians. You well know, if

" the present measure should prevail, you must in-

" stantly relinquish your places. I doubt much whe-

" ther you will be able to keep them on any terms :

" but sure I am, such are your well-known characters

" and abilities, that any plan of reconciliation, how-

" ever moderate, wise, and feasible, must fail in your

" hands. Who then can wonder that you should

" negative any measure, which must annihilate your

" power, deprive you of your emoluments, and at

" once reduce you to that state of insignificance for

" which God and nature designed you."

The Earls of Gower and Hillsborough warmly re- Reply of
probated these intemperate animadversions, as the re- ministers.
suit of a factious design to embarrass government and
obtain undue popularity ; great industry would doubt-
less be employed in circulating the bill, and inflaming
the public mind, both in England and America. To
talk of three millions of Americans in arms was a
gross exaggeration ; the whole population did not ex-
ceed that amount : one third, at least, would submit ;
and, deducting from the remainder, the aged, the in-
fants, and the females, his lordship's facts would be
found no more correct than his arguments. It would
be sufficiently early to answer general charges when
so pointed as to call for defence or explanation : but
Lord Gower observed, the persons censured only shared
the fate of all other administrations he ever remem-
bered; Lord Chatham having uniformly condemned,
though he afterwards acted with them ; and, if his
age did not form an impediment, he would probably
give, on the present occasion, one more proof of ver-
satility, by loudly eulogizing the measures he now so
loudly condemned.

176

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.
23rd Jan.
to 26th.
Petitions in
favour of the
Americans.

Lord Sandwich's motion was carried ; and that for
bringing in the bill rejected*.

Meanwhile, the papers submitted to the House of
Commons were referred to a committee, and numerous
petitions offered on American affairs from great mer-
cantile cities and townsf, praying Parliament to desist
from those proceedings which occasioned the American
association so prejudicial to commerce.

On the first petition from the merchants of Lon-
don, presented by Alderman Harley, a strenuous de-
bate arose on a proposition to refer it to a committee
on the twenth-seventh of January, the day after that
appointed for considering the papers. Much acrimony
was displayed in arraigning the conduct of ministers,
and much ridicule thrown on the proposed committee,
which Mr. Burke humorously termed a Coventry
committee, and a committee of oblivion. The ques-
tion was, however, carried J, and all the ensuing peti-
tions, together with one from Birmingham of a con-
trary tendency, were submitted to the same com-

* 61 to 32. On the subject of this measure, Mr. Jefferson says, " When I
' saw Lord Chatham's bill, I entertained high hope that a reconciliation could
' have been brought about. The difference between his terms and those offered
' by our congress might have been accommodated if entered on by both parties
' with a disposition to accommodate. But the dignity of Parliament, it seems,
' can brook no opposition to its power. Strange ! that a set of men, who have
' made sale of their virtue to the minister, should yet talk of retaining dignity."
Jefferson's Correspondence, vol. i, p. 149. With such sentiments in the mind of
a man, aged thirty-one, who might be looked to as one of the most rising charac-
ters in the colonies, little hope of accommodation could be entertained. But if
the ardour of Mr. Jefferson's youth should cause his opinions to be considered
less than a fair specimen, those of the mature and sagacious Dr. Franklin, who
had been consulted by Lord Chatham, and perused the draft of his bill, will be
deemed more capable of influencing his countrymen. He objected to almost
every proposition ; and, on the rejection of the bill, expresses his contempt of
the house by saying, " Hereditary legislators ! there would be more propriety,
" because less hazard of mischief, in having (as in some University in Germany)
" hereditary professors of mathematics. But the elected House of Commons is no
" better, nor ever will be, while the electors receive money for their votes, and pay
" money wherewith ministers may bribe their representatives when chosen."
Franklin's Memoirs, vol. i, p. 257 to 260.

t The American merchants in London presented two; Bristol the same
number : Glasgow, Norwich, Liverpool, Manchester, Birmingham, Wolver-
hampton, Dudley, and several other places in Great Britain and Ireland, sent
petitions, as did various bodies of merchants interested in the great objects of
dispute.

t 197 to 81.

} It was insisted by opposition that this counter-petition was unfairly obtained
by ministerial influence, and not signed by persons really interested in the Ame-
rican trade.

GEORGE III. 177

mittee. The merchants of London, displeased by this CHAP.
reference, withdrew their petitions, declaring them-

selves under no apprehensions respecting their Ameri- 1775.
can debts, unless the means of remittance should be
cut off by measures adopted in Great Britain.

Dr. Franklin and Messrs. Bollan and Lee, who 25thand
were authorized by the continental congress to present petitioner
their petition to the King, also prayed to be examined
at the bar, in support of that paper which they were
enabled to elucidate. In debating this request, it was
insisted, on one side, that compliance would lead to in-
extricable confusion, and destroy the whole colonial
government. It would explicitly sanction the Congress,
which was not a legal meeting, and recognize the par-
ties making the application, who were not, in fact,
legally appointed. On the other, it was contended
that the Congress, however illegal for other pur-
poses, were fully competent to this : the petition was
signed by the members : it might be received as from
them in their individual capacity ; and the equity of the
house should rather lead to the adoption of plausible
reasons for receiving, than the invention of pretences
for rejecting, such papers ; the practice of dismissing
petitions and declining the examination of agents
would establish an opinion, that those who refused to
hear complaints, abdicated the rights of government, Re J ected -
and thus naturally lead to universal rebellion. The
introduction of the petition was not permitted*. On
all these occasions, animated and eloquent speeches
were made in both houses ; but they were merely repe-
titions of declamations often heard before, prophecies
which many construed into wishes, anticipations of re-
sistance which were viewed as suggestions, assertions of
right often before advanced and discussed, enlivened
with personalities and pleasantries which irritated and
amused only for the moment.

In a committee of the whole house, on the papers
from America, Lord North re-argued the customary committee
topics of parliamentary supremacy, the propriety of
American contribution, and lightness of the taxes
hitherto imposed, which did not amount to more than

* 218 to 68
VOL. II. N

178 HISTORY OF ENGLAND.

sixpence a year on each individual. Then denouncing
the confederacy against importation as the cause of the
1775. present separation, he unfolded his plan of coercion,
which was, to send to America a large military force,
and, by a temporary act, to stop the foreign com-
merce of New England, and their fishery on the banks
of Newfoundland, until they returned to their duty ;
whenever that took place, their real grievances should,
f r an on P r P er application, be redressed. His motion was
for an address, thanking the King for the communica-
tion of papers ; affirming the province of Massachu-
set's Bay to be in rebellion ; declaring the resolution
of the house not to relinquish any part of the sovereign
authority, vested by law in his Majesty and the two
houses, over every branch of the empire ; and profess-
ing their constant readiness to pay attention to the
grievances of the subject, when presented in a dutiful
and constitutional manner. The King was requested
to take effectual measures for enforcing obedience to
the laws and authority of the supreme legislature, and
in the most solemn manner assured of their fixed
resolution, at the hazard of their lives and pro-
perty, to support him against all rebellious attempts,
in the maintenance of his just rights and those of the
two houses.

Amendment The debate, though spirited and vehement, afforded

little novelty ; and no other interest than appertained
to the importance of the subject. Mr. Fox moved an
amendment, censuring the ministry for having rather
inflamed than healed differences, and praying for their
removal. He expatiated on the injustice, inexpediency,
and folly of the motion, prophesying defeat in America,
ruin and punishment at home.

Mr. Dunning denied the existence of rebellion;
but was fully answered by Mr. Thurlow. The cha-
racter of the Americans, their religious enthusiasm,
and inaptitude for arms, were discussed with more
vehemence than judgment. Captain Luttrell pointed
out the evils and inconveniences resulting from a war
with the colonies ; discussed at large the probability
of foreign interference; and, in speaking of ineffi-
ciency of arms in such a cause, concluded with this re-

GEORGE III. 179

mark : " The Americans feel, as a consolation, that

" every ship and every regiment sent to Boston, adds

" strength to their cause ; for without much pretension 1775.

" to prophesy, I may foretel, that the history of these

" dissentions will be similar to that of the troubles in

" Ireland in the reign of Elizabeth. That queen, im-

" patient to subdue the Irish, employed a large army,

" but the rebels daily gathered strength ; Elizabeth de-

" manding the cause, was answered, that the army there

" was the true reason ; for their money had found its

" way into the country, and enabled her opponents, not

" only to purchase ammunition and warlike stores, but

" even to hire foreign officers." The amendment was

negatived*.

On the presentation of the report, Lord John Ca- 8th Feb.
vendish moved to recommit the address ; in the debate, ^
in which the existence of rebellion and the policy of address.
declaring it were amply discussed, Mr. Wilkes would
not pretend to decide on the state of Massachuset's
Bay ; a fit and proper resistance was a revolution, not
a rebellion. " Who can tell," he said, " whether, in
" consequence of this very day's violent and mad ad-
" dress, the scabbard may not be thrown away by them
" as well as by us, and, should success attend them, whe-
" ther, in a few years, the Americans may not celebrate
" the glorious era of the revolution of 1775, as we do
" that of 1688 1 ? Success crowned the generous effort
" of our forefathers for freedom, else they had died on
" the scaffold as traitors and rebels, and the period of
" our history, which does us the most honour, would
" have been deemed a rebellion against lawful autho-
" rity ; not a resistance sanctioned by all the laws of
" God and man, and the expulsion of a tyrant."

In answer to these observations, it was said, the
present important crisis (and one more intricate had
not occurred since the revolution) was not more to be
attributed to the refractory spirit of ungrateful subjects
on the other side of the Atlantic, than to some no less
restless on this; and as a great minister had once
boasted of having conquered America in Germany,

* There were two divisions : on the amendment, the numbers were 304 to
105; on the original motion, 296 to 106.

N 2

180

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Irresolution
of the minis-
ter.

7th Feb.
Conference.
Debate in
the House
of Lords.

so it would now be necessary to conquer it wholly or
partially in England : for till restraint could be imposed
on the sedition so constantly, artfully, and shamefully
circulated from hence, and a check given to those in-
cendiaries who breathed forth the inflammatory poison
conveyed in every newspaper, we could never hope,
without the last extremities, to bring the wicked leaders
of those deluded people to a sense of their duty and
obligations. Their proceedings, and the papers before
the house, evidently proved they were ungratefully
aspiring to be independent ; a future age might pos-
sibly witness the accomplishment of their design ; but
it was the duty of Englishmen, by vigilance, to pre-
vent the anticipation of that evil day ; remissness or
want of firmness would leave an everlasting stain on
the present age. The declarations of Congress were
traced to the real sources, and their arrogance in pro-
hibiting British commodities was exposed to deserved
censure. " To all nations with whom we are not ac-
" tually at war," Sir William Mayne observed, " we
" can transport our commodities with safety ; but it is
" only on the inhospitable continent of America that
" British manufactures, the produce of British indus-
" try, cannot find an asylum."

Lord North, who had before shewn some irresolu-
tion and doubt relative to the measures of coercion,
by stating a willingness to repeal the tax on tea, if that
concession would satisfy the Americans, now displayed
still greater hesitation. He disclaimed the taxation
of America as an act of his administration, and traced
it to the Duke of Grafton : adding, that the quarrel
would be terminated, if the constitutional right of su-
premacy were conceded to Great Britain. The motion
for recommitment was negatived*.

A conference having been held on the address,
the Earl of Dartmouth moved for the concurrence of
the lords : the Marquis of Buckingham, at the same
time, presented petitions from the American merchants
in London, and from the West India planters ; and
the previous question was demanded on the Earl of
Dartmouth's motion.

* 288 to 105.

GEORGE III.

181

Lord Mansfield, in a long and able speech, des- CHAP.

canted on the arrogance of the American claims, _ '_

demonstrated the futility of the reasonings used to 1775.

impose a belief that the colonists contended for an ^, Mans '

, field's

exemption from taxation only, and animadverted on speech.
Lord Chatham's declaration in a former debate, that
in return for a temporary suspension, and ultimate
repeal of the obnoxious acts, America must unequi-
vocally admit the supreme legislative controullng
power of Parliament in every case except that of
taxation. The Congress, he remarked, avoided every
declaration, equivocal or unequivocal ; for all they
promised was submission to the act of navigation,
while they boldly contended for the repeal of every
law from which that act could derive force or effect.
He minutely analysed the declarations of Congress,
and the acts of parliament of which they complained,
proving, that to annul any, except the tax laws, would
be a complete renunciation of sovereignty. On the
petitions he observed, that undoubtedly every class of
people would feel severely the effects of war, while
none could answer for its events ; the British forces
might be defeated, the Americans might prevail, and
Great Britain be stripped for ever of the sovereignty ;
but the question was, whether the right of the mother-
country should be resolutely asserted, or at once relin-
quished. He argued, from the documents before the
house, that the colonies were in a state of rebellion,
and, while he doubted the expediency of taxation,
deprecated the consideration of the question in that
view, till the right should be fully asserted and ac-
knowledged. He condemned the taxes imposed in
1767, as the foundation of all the troubles and political
confusions ; they had thrown the colonies into a fer-
ment, and injured British commerce, by furnishing
the Americans with a temptation to smuggle.

Lord Camden combated the assertion that the
colonies were in rebellion, and entered into a variety
of distinctions relative to constructive treason. He
disclaimed all participation in the law for taxing
America, having never been consulted on the subject.

Lord Cam-

182

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.
Duke of
Graft or.

Lord Lyttel-
ton.

Lord Shel-
burne.

The Duke of Grafton reprobated the conduct of
both the law lords ; it was mean, he said, in Lord
Camden, and much beneath the dignity of the exalted
station he had filled, when the duties were imposed,
to screen himself from the consequences by imputing
the measure to others, who, as he was fully conscious,
had no more particular concern in it than himself. The
act was consented to, at least, in the cabinet : Lord
Camden acquiesced in it ; he sat in the chair of that
house while it passed its several stages, and signified
the royal approbation under the seal of his office ; and
shall he now tell the house and the public, that it pas-
sed without his approbation or participation ? The
duke gladly availed himself of the opportunity of testi-
fying to the public, that he was not the author of the
measure ; perhaps it was contrary to his judgment ;
but he reserved his sentiments to a future occasion ;
every cabinet minister who acted and deliberated in
that capacity at the time of passing a law, should
equally share the censure or applause resulting from
its merits or defects. His grace combated Lord Mans-
field's arguments against the mode of enforcing the
act, and lamented the misfortune he suffered, while
minister, in being deprived of his assistance, which he
knew was afforded to previous administrations.

Lord Lyttelton spoke with great severity on the
doctrine of Lord Camden, respecting constructive
treasons. Those little evasions and distinctions, he
observed, were the effects of professional subtlety and
low cunning ; it was highly absurd to enter into such
flimsy observations on this or that particular phrase or
word, and thence draw deductions, equally puerile
and inconclusive, that the colonies were not in rebel-
lion. He should not abide by such far-fetched inter-
pretations ; but be guided by common sense, and only
consult the papers on the table, to prove beyond
question the very reverse of Lord Camden's inference.

Lord Shelburne, hoping the day of inquiry and
public retribution would come, when the author of
the present dangerous measures would be discovered,
and that despotic system, which had for some time

GEORGE III. 183

governed the colonies be developed, affirmed, from his CHAP.
own knowledge, that neither the Duke of Grafton nor

Lord Camden approved of taxing America ; his own 1775.
sentiments were too well known to require recapitula-
tion ; and he intimated that the King was favourably
disposed toward the colonies. It was therefore de-
serving of inquiry, how this unexpected change was
effected, and by what fatal over-ruling influence this
great empire was brought to the eve of a civil war 1

The debate now became extremely tumultuous.
The Duke of Richmond related official anecdotes,
tending to censure Lord Mansfield, who in reply denied Lord Mans-
the charge of having influenced or directed the present
measures ; though, if true, he should glory in it, as he
thought them wise, politic, and equitable. He dis-
avowed, with manly pride, the low arts used to obtain
popularity ; and, while he claimed the merit of striving
to deserve, renounced, with detestation, the baseness
of courting it ; he exposed the artifices of which he
had been witness among cabinet-ministers to acquire
popularity, as the means of forwarding their ambi-
tious or interested views ; and answered the menaces
of his opponents with magnanimous defiance : " I am
" threatened !" he exclaimed ; " I dare the authors of
" those threats to put any one of them in execution.
" I am ready to meet their charges, and prepared for
" the event, either to cover my adversaries with shame
" and disgrace, or, in my fall, risque the remnant of a
" life nearly drawing to a conclusion, and consequently
" not worth much solicitude. "

Lord Shelburne again pressed his former obser- Lordshei-
vations, and more than insinuated that the chief-
justice of the King's Bench had not spoken the truth :
upon which Lord Mansfield, with considerable warmth, Lord Mans-
lamented that, for the first tune, he witnessed a devia- field -
tion from the usual practice of that house, to behave
like gentlemen, and accused the last speaker of
uttering gross falsehoods. Lord Shelburne retorted
the charge ; and after some extraneous speeches rela-
tive to the navy, this disgraceful and indecorous debate
was terminated, by adopting the affirmative of the carried.

184

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Protests.
U)th Feb.
Augmenta-
tion offerees.
13th.

10th Feb.
to the 24th.
New Eng-
land restrain-
ing bill.

previous question, and agreeing to the address of the
House of Commons*. A protest on each subject was
entered on the journals.

The King's answer to the address was accompanied
with a message, in consequence of which 2000 addi-
tional seamen, and 4383 land forces were voted,
though not without many severe censures on the
conduct of government, the deceit practised by minis-
ters in the small force at first demanded, and insinua-
tions on the insufficiency of the armament to effect any
beneficial purpose. " If ministers were really per-
" suaded," Mr. Fox observed, " of the views and inten-
" tions of the Americans; if rebellion were written
" among them in such legible characters, how were we
" to account for their slothful and dilatory conduct I
" Had they conducted themselves on principles of
" common sense, they would have been earlier in their
" intelligence to Parliament, earlier in their applica-
" tion, and more vigorous in their measures." The
probability of foreign interference was not omitted ;
and Captain Walsingham asserted that France had
seventy-five sail of the line, one-half of which were
manned and fit for actual service.

In pursuance of his plan, Lord North introduced a
bill for restraining the commerce of the- New England
provinces to Great Britain, Ireland, aud the West
Indies, and prohibiting them from carrying on, for a
limited time, any fishery on the banks of Newfound-
land, with an exception in favour of individuals who
should obtain from the governors of certain provinces
certificates of good behaviour, and take a test acknow-
ledging the rights of Parliament.

The bill was justified by the rebellious state of
those provinces, as proved by the papers before the
house ; the arguments in its support were, that as the
Americans had refused to trade with this kingdom, it
was just to prevent their commerce with other nations.
Whatever distress they might feel, their own conduct

* The previous question is, Whether the main question shall be now put ?
which was carried by 104 to 29 : the division on the principal question was 87 to
27. The protests were signed by 18 peers.

GEORGE III. 185

left them no right of complaint : they had begun the CHAP.
practice by an association calculated to ruin our mer-

chants, impoverish our manufacturers, and starve the 1775.
West-India islands.

The opposition urged the impolicy of destroying a Opposition.
trade which could never be restored : God and nature,
they argued, had given the Newfoundland fishery to
New, and not to Old England. The penalties con-
founded the innocent with the guilty ; nor was it pos-
sible for government to issue such a proclamation as
would afford security to all who were well intentioned.
The bill was calculated to irritate the Americans and
starve four provinces ; and the danger of the Ameri-
cans withholding the debts due to British merchants
was strongly urged. Mr. Dunning denied that the
people of Massachusets were in a state of rebellion,
which, he said, was that state between a government
and its subjects which between two independent coun-
tries would be war. Upon the very ground of this
definition, Mr. Wedderburne proved that the colonists
were in rebellion.

During the progress of the bill, petitions were | 4tl ?F eb -
presented from the American merchants in London,
from the merchants of Poole, from the Quakers, and 28th *
from the merchants of Waterford. They were referred 2 sthFeb
to a committee, before whom counsel were heard, and to 6th Ma-.
many witnesses examined ; but their evidence did not Evldence -
prove the inexpediency of the measure.

On the third reading, Mr. Hartley proposed a 8th May.
clause, permitting the importation of fuel, corn, meal, ^TiiircT
flour, and other victual, carried coastwise from other reading.
parts of America, into the proscribed provinces. This
motion brought before the house, in vivid colours, the
question of involving in one common famine the friend
and the foe of government ; the resisting adult, the
feeble infant, the pregnant female, and the decrepid
elder. The people, Mr. Burke observed, were already
reduced to beggary, and now the beggar's scrip was
taken from them ; even the morsel tendered by the
hand of charity was dashed from the mouth of hun-
ger. Mr. Fox, with his usual impetuosity, said to

186

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

15th and
16th Mar.
Opposition
in the House
of Lords.

ministers, " You have now completed the system of
" your folly. You had some friends yet left in New
" England, but rather than not make the ruin of that
" devoted country complete, they are to be involved in
" one common famine. ' You see, 'it will be said to them,
" ' what friends in Engand you have depended upon.
" ' You are treated in common with us as rebels. Your
" ' loyalty has ruined you. Rebellion alone, if resistance
" * is rebellion, can save you from famine and ruin.' I
" thought your measures intended to divide the people ;
" but you unite all, beqause you wish to destroy all."

Governor Pownall answered all these arguments,
by stating as a fact, that the New English colonies
(although agriculture was neglected) were in no dan-
ger of famine: they were provision colonies, they
were great grazing settlements, and the flour and bis-
cuit imported from Philadelphia and New York were
merely articles of luxury for the rich: he therefore
ridiculed the imputations of obduracy and cruelty so
liberally advanced against the ministry, and, consider-
ing the bill as a mere commercial regulation, with-
holding indulgences from colonies, who prohibited
trade with England, gave it his cordial support. The
motion was negatived*.

In the Lords the bill was opposed, as in the lower
House. Petitions were presented, and witnesses ex-
amined, to the same effect. On the motion for its
commitment, the Marquis of Rockingham compared
the conduct of ministry to that of Marshal Rozen,
King James the Second's French general in Ireland,
who, in order to reduce the garrison of Derry, collected
the wives, children, and aged parents of the besieged,
under the walls, there to perish by famine, or be mas-
sacred if they attempted to retreat. " But," the mar-
quis added, " weak, infatuated, and bigoted as that
" prince was, his heart revolted at such a horrid expe-
" dient for subduing his enemies ; as soon as it reached
" his knowledge, he immediately countermanded the
" barbarous order, and left the innocent and unoffend-
" ing at liberty."

* 188 to 58.

GEORGE III. 187

The ministerial members explicitly denied the im- CHAP.
putation of intending to subject the colonists to famine :

far from thinking themselves driven to that resource, 1775.

they considered, that in the event of armed resistance,

the Americans would afford an easy and inglorious

conquest. " Suppose the colonies to abound with men,"

Lord Sandwich injudiciously exclaimed, " of what im-

" portance is the fact I They are raw, undisciplined,

" and cowardly. I wish, instead of forty or fifty thou-

" sand of these brave fellows, they would produce, at

" least, two hundred thousand ; the more the better !

" the easier would be the conquest ! if they did not

" run away, they would starve themselves into com-

" pliance with our measures." The Duke of Grafton

maintained that the bill was founded on the principle

of retalliation and punishment, for an outrage as daring

as it was unprovoked, still further heightened and

aggravated by resistance to all lawful authority, and

almost a positive avowal of total independence on the

mother-country* .

On the third reading, an amendment was made, 2istMar.
invalidating protecting certificates obtained from the
governors of New Jersey, Pennsylvania, Maryland,
Virginia, and South Carolina, on the ground that
these colonies were as much in a state of rebellion as Conference.
those of New England^ . The bill, thus altered, not Amendment
agreeing with its title, the House of Commons desired withdrawn.
a conference, when the Lords withdrew their amend-
ment, and the bill passed in its original form. A pro- Protest.
test against it was signed by sixteen peers.

The amendment of the Lords was, in fact, rendered 9th March to
unnecessary by a bill, which Lord North introduced, BiiiforrV-
when the New England restraining act had passed straining other
the House of Commons, for laying restrictions, nearly
similar, on the provinces they had specified. It
passed the lower House, not without some opposi-
tion; but no new argument was offered; and in the
proceedings of the House of Lords, neither debate
nor protest appears.

* The numbers for committing the bill were 104 to 29.

t The amendment was carried, 52 to 23 : the amended bill, 73 to 21 .

188

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.
llth and
2/th April.
Bounties to
Ireland.

Intimacy
between
Lord Chat-
ham and Dr.
Franklin.

To counterbalance the inconveniences which
might be expected from these laws, the ministers al-
lowed bounties on the importation of flax-seed, and to
Irish ships engaged in the Newfoundland and Green-
land fisheries, and removed some restraints which in
other respects affected the Irish commerce.

While the discussions were proceeding in the
House of Lords, an unusual intimacy was observed be-
tween Lord Chatham and Dr. Franklin. This was
the more remarkable, as, from antecedent circum-
stances, they could not have been expected to enter-
tain toward each other any very friendly sentiments.
Their position, at a former period, when his lordship
was the great, the popular, the successful minister of
the Crown, is described by Franklin : " When I came
" to England in 1757, I made several attempts to be
" introduced to Lord Chatham, on account of my
" Pennsylvania business; but without success. He
" was then too great a man, or so much occupied in
" affairs of greater moment. I was therefore obliged
" to content myself with a kind of non-apparent and
" unacknowledged communication through Mr. Potter
" and Mr. Wood, his secretaries, who seemed to culti-
" vate an acquaintance with me by their civilities, and
" drew from me what information I could give relative
" to the American war, with my sentiments occasion
" ally on measures that were proposed, or advised by
" others, which gave me the opportunity of recom-
" mending and enforcing the utility of conquering
" Canada. I afterwards considered Mr. Pitt as an
" inaccessible ; I admired him at a distance, and
" made no more attempts for a nearer acquaintance. I
" had only once or twice the satisfaction of hearing,
" through Lord Shelburne, and I think Lord Stanhope,
" that he did me the honour of mentioning me some-
" times as a person of respectable character."

But now, so altered were sentiments and circum-
stances, the noble leader of opposition solicited the
acquaintance which before he had regarded with so
much indifference, and elevated the man to whom he
had barely conceded a respectable character, into a

GEORGE III. 189

confidant and a political coadjutor. He effected an CHAP.

acquaintance through the intervention of Mr. Sargent

and Lord Stanhope, received Dr. Franklin at Hayes, 1775.
courted his friendship, solicited the communication of
his intelligence from America, advised on the plans to
be pursued, and submitted his own projects and
motions to the perusal and censure of his new associate.
To make their connexion more public and more ge-
nerally noticed, Lord Chatham personally introduced
Franklin below the bar of the House of Lords on the
day he made his first motion, pronouncing his name
loudly, and so openly declared sentiments coinciding
with his declared opinions, that Lord Sandwich did
not hesitate to ascribe the expressions of the noble lord
to the dictates of his American adviser, one of the
bitterest and most mischievous enemies this country
had ever known.

After the rejection of all Lord Chatham's pro- Feb 13th
positions, Dr. Franklin did not expect to hear of any Further at-
further negotiation toward an amicable adjustment ; negotiation.
but a new opening was offered, and, far from receding,
he advanced, with as much firmness as before, all the
pretensions of Congress. On the subject of Canada, it
was suggested that what related to boundary might be
conceded and settled on the petition of the several
provinces which would be injured by the extension of
territory described in the statute. The observation in
answer was, that as the Americans had co-operated
with the people of Great Britain in the conquest, they
had right to be consulted in the government of it ; and
required that the Quebec, Massachusets; as well as
other acts, should be entirely repealed. " We can-
" not endure despotism," it was said, " over any of our
" fellow-subjects ; we must all be free, or none*."

Before the bill for restraining the New England
provinces had passed, Lord North, to the surprise of conciliatory
opposition, and of many of his own adherents, brought His P speech.
forward, in a committee, propositions for conciliating
the differences with America. Adverting to the terms

* Franklin's Memoirs.

190

HISTORY OF ENGLAND.

CHAP
XXV.

1775.

His speech.

Debate.

Governor
Pownall sup-
ports the
measure.

of the address on the American papers, he observed,
although Parliament could never relinquish the right
of taxation, yet, if the Americans would propose means
of contributing their share to the common defence,
the exercise of the right might without hesitation be
suspended, and the privilege of raising their own por-
tion of contribution conceded to the colonists. This
being the sense, and he believed the very words in
which he moved the address, he proposed a resolution,
" That when the governor, council and assembly, or
" general court of any of his Majesty's provinces, or
" colonies, shall propose to make provision for con-
" tributing their proportion to the common defence ; to
" be raised under the authorities of the general court,
" or general assembly, and disposable by Parliament ;
" and shall engage to make provision also for the sup-
" port of the civil government, and administration of
" justice ; it will be proper, if such proposal shall be
" approved by His Majesty in Parliament, and for so
" long as such provision shall be made accordingly, to
" forbear in respect of such province or colony, to levy
" any duty, tax, or assessment, except for the regula-
" tion of commerce ; the net produce of which shall be
" carried to the account of such province, colony, or
" plantation."

To this resolution Lord North anticipated ob-
jections from various quarters ; but the terms being
such as, even in the hour of victory, would be good
and just, he left it to the consideration of the House.
It would be a test of the American pretensions: if
their ostensible causes of opposition were real, they
must agree with the proposition ; if they did not, it
would become indisputable that they had other views,
and were actuated by other motives. To offer terms
of peace was wise and humane ; if the colonists re-
jected them, their blood must be upon their own
heads.

The minister did not err in his conjecture of op-
position ; but he also received unusual support : Go-
vernor Pownall was a warm advocate for the measure ;
he referred to his past conduct as a proof of his at-

GEORGE III. 191

tachment to the Americans; his principles were known CHAP.
through the medium of the press, and he was entirely

independent of the minister, and unconnected with 1774.
opposition. He traced the origin of the present dis-
putes to a Congress at Albany in 1754, at which he
was present ; he had the means of knowing the real
opinion of the first men of business and ability hi that
country, and saw the rise of the present crisis. He
had, therefore, always, in both countries, recommended
such a mode of conduct as in his judgment was cal-
culated to prevent a rupture ; but had the misfortune
to find his counsel disregarded. He now saw the
colonists resisting the government derived from the
Crown and Parliament ; opposing rights which they
had always acknowledged ; arming and arraying them-
selves, and carrying their opposition into force by
arms: under such circumstances, he could not deny
the necessity which impelled this country to assume a
hostile position : the Americans themselves had ren-
dered it necessary. But although he acquiesced in
the coercive measures of government, he ever looked
to pacification, and hailed the proposition as a dawn of
peace. If two adverse nations were on the eve of war,
some mediating power might be found to avert the
calamity ; and, considering the Americans in the same
situation, he adjured the House, and particularly the
country gentlemen, to interfere and prevent fatal con-
sequences. The terms were prudent and candid ; and
an analysis of the proposition proved it, in all its parts,
wise, politic, and equitable.

Mr. Fox congratulated his friends and the public Speech of

,, , & ,, ,, . . . , r Mr. Fox.

on the retrograde movement 01 the minister, who, re-
ceding from his former steps of violence and war, now
tried the paths of peace ; a change which he attributed
to the persevering efforts of a firm and spirited op-
position. He questioned, however, the sincerity of the
motion: it exhibited two faces; to the Americans it
offered negotiation and reconciliation ; and to the ad-
vocates of British supremacy, a resolution never to
abandon that object. This conduct would alienate
his friends, while those who sincerely desired peace

192

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Mr. Jenkin-
son.

Motion for
chairman to
leave the
chair.

Embarrass-
ment of the
minister.
Extricated
by Sir Gil-
bert Elliott.

Colonel
Barre.

would not trust the speciousness of his offers, and the
Americans would reject them with disdain.

Mr. Jenkinson denied that the proposition indicated
any change of proceedings : on the contrary, it made
part of the very measures in which the House engaged
by the late address. So far from being a new pro-
position, it was the same which Mr. Grenville had
made to the colonies the year before he introduced the
stamp act; and, had the colonies ever proposed mea-
sures in this line of common service, government
would have been ready to listen. If the proposition
contained any novelty, it consisted in that explicit and
definitive mode of explanation, which, if rejected,
would leave the colonies without excuse.

The great objection to the motion arose from its
repugnance to the address; an opinion first started by
Mr. Welbore Ellis, and supported by Mr. Adam, Mr.
Dundas, and Mr. Ackland, who moved that the chair-
man should leave the chair.

Lord North was embarrassed by this objection, and
spoke several times in explanation : Sir Gilbert Elliott
at length reconciled the apparent deviation, by observ-
ing, that the address contained two correspondent
lines of conduct. The one, to repress rebellion, pro-
tect loyalty, and enforce the laws : for this, the forces
had been augmented, money levied, and measures of
restriction resorted to. The other concurrent and
concomitant line was, indulgence to those who would
return to their duty: this, in the address, was ne-
cessarily intimated in general and vague terms ; no
definitive and explicit expressions could be used, unless
the subject had been assumed as a particular point of
consideration. The measure now proposed, far from be-
ing contradictory to, or inconsistent with, the other,
was so absolutely connected, that, without it, the plan
adopted at the beginning of the session would be
broken, defective, and unjust.

Colonel Barre vigorously attacked the minister
on the ridiculous situation in which he had placed
himself, and from which he was only extricated by
Sir Gilbert Elliott. He expected at first that Lord

GEORGE III.

193

CHAP.
XXV.

1775.

Lord North.

North would have lost many of his old friends, with-
out gaming new. But, although the minister's new
motion would cause no new divisions, yet it was
founded on that wretched, low, shameful, abomi-
nable maxim, which had so long predominated, divide
et impera. This was to divide the Americans ; this^
was to break those associations, to dissolve that
generous union, in which, as one man, they stood in
defence of their rights and liberties. But they were
not, nor could the minister consider them such gud-
geons as to be caught with so foolish a bait : he meant
only to propose something specious, which he knew
the Americans would refuse ; and thus afford a pretext
for calling down tenfold vengeance on their devoted
heads, now rendered ten times more odious. But
this snare would not succeed !

Lord North again rose to defend himself against
the charge of a low, mean, foolish policy, in ground-
ing his measures on the maxim divide et impera. " Is
" it foolish, is it mean," he said, " when a people,
" heated and misled by evil councils, are running into
" unlawful combinations, to hold out those terms which
" will sift the reasonable from the unreasonable, dis-
" tinguish those who act upon principle from those who
" wish only to profit by the general confusion and ruin ?
" If propositions that the conscientious and the pru-
" dent will accept, will, at the same time, recover them
" from the influence and fascination of the wicked ;
" I avow the use of that principle, which will thus
" divide the good from the bad, and give aid and sup-
" port to the friends of peace and good government."

Mr. Burke called the proposition a contradiction Mr. Burke.
to all the declarations of Parliament, a shameful pre-
varication in ministers, and a mean departure from all
their professions : he was willing to purchase peace by
any humiliation of ministers or of Parliament ; but the
present measure was mean without being conciliatory.
It was a far more oppressive mode of taxation than
that hitherto used, for it made no determinate de-
mand. The colonies were to be held in durance by
troops and fleets, until singly and separately they
VOL. n. o

194

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Mr. Dun-
ning.

27th Feb.
Resolution
agreed to.

Burke's
motion.

should offer to contribute to a service they could not
know, in a proportion they could not guess, on a
standard which they were so far from being able to
ascertain, that Parliament had not ventured to hint
at the scope of their expectations. He compared this
conduct to the tyranny of Nebuchadnezzar, who
ordered the assemblies of his wise men, on pain of
death, not only to interpret, but to tell him the sub-
ject of a dream which he had forgotten. Every
benefit, natural and political, must be acquired in
the order of things, and in its proper season. Reve-
nue from free people must be the consequence, and
not the condition, of peace ; if this order were inverted,
neither peace nor revenue could be obtained.

Mr. Dunning bantered the minister on the danger
he had incurred of losing his usual supporters, his
efforts to retain them, and the timely interference of
Sir Gilbert Elliot. He admitted the validity of
the objections taken by ministerial members, and
opposed the motion, as being not conciliatory, but
subtle and treacherous. It was, however, adopted by
a large majority*. On presenting the report of the
committee, the argument was renewed, but nothing
remarkable for novelty or interest was urged on either
side. The resolution was agreed to without a division.

Lord North's plan of conciliation, if indeed con-
ciliation was possible, contained no great radical
defects ; it did not compromise the dignity of empire,

* 274 to 88. This celebrated debate is described with characteristic wit by
Gibbon : " We go on with regard to America, if we can be said to go on ; for
' last Monday a conciliatory motion of allowing the colonies to tax themselves,
' was introduced by Lord North, in the midst of lives and fortunes, war and
' famine ; we went into the House in confusion, every moment expecting that
' the Bedfords would fly into rebellion against those measures. Lord North rose
' six times to appease the storm, but all in vain ; till at length Sir Gilbert declared
' for administration, and the troops all rallied under their proper standard."
Gibbon's Posthumous Works, vol. i. p. 490. Lord Chatham, in a letter to his
lady, 21st February, 1775, gives an account of the debate, not less lively than
that of Gibbon, and not widely differing in effect : " Lord North was, in the
' beginning of the day, like a man exploded, and the judgment of the House,
' during two whole hours, was that his lordship was going to be in a considerable
' minority ; Mr. Ellis and others, young Acland in particular, having declared
' highly and roughly against his desertion of the cause of cruelty. Sir Gilbert
' Elliot arose, and spoke ' ferry prief and ferry wise worts' in ' th' imminent
' ' deadly breach,' and turned the fortune of the day. The warlike Rigby took
' notes, and put them generously in his pocket. Lord North is thought to have
' made a wretched figure in the House." Correspondence, vol. iv. p. 403.

GEORGE III. 195

or require abject submission : most of the arguments
against it, used by'the members generally in opposi-
tion, were drawn rather from the imputed character of 1775.
the minister and the obsequious disposition of Parlia-
ment, than the nature of the measure. Acquiescence
was not, perhaps, seriously expected by either party ;
but as the American cause was highly interesting to
the opposition, it was necessary for them to produce a
plan of conciliation, for the acceptance of which by
the Americans they could pledge their credit, and
from the terms of which they might, by comparison,
infer a censure of Lord North's proposition. Accord- 22d March,
ingly, about a month after the minister's motion was
carried, Mr. Burke proposed thirteen resolutions, as
the basis of tranquillity, and the means of obviating
all future causes of contention.

In recommending this measure, Mr. Burke made His speech.
one of his most eloquent speeches. It may be con-
sidered a model of skilful pleading ; but when the
parts of the oration are distinctly reviewed and com-
pared, when the partial statements of fact, the falla-
cious deductions in argument, the palliation of the
indignities and injuries sustained by Great Britain,
and the exaggeration of the wrongs done to America,
are accurately investigated, the effect ceases, and it
cannot be considered as a foundation for any system of
action calculated to promote general good.

In his exordium, Mr. Burke reviewed the state of
Great Britain, with regard to America, and stated
the necessity he felt, not unaccompanied with diffi-
dence, of making some proposition for permanent
tranquillity. Anger and violence, daily increasing,
were hastening toward an incurable alienation of the
colonies : his proposition was peace : " Not peace
" through the medium of war ; not peace to be hunted
" through the labyrinth of intricate and endless negoti-
" ations ; not peace to rise out of universal discord,
" fomented from principle, in all parts of the empire ;
" not peace to depend on the judicial determination
" of perplexing questions, or precision in marking the
" shadowy boundaries of a complex government : but

o 2

196 HISTORY OF ENGLAND.

G XXV ' " s ^ m P^ e P eace ; sought in its natural course, and or-
" dinary haunts ; peace sought in the spirit of peace ;

1775. " and laid in principles purely pacific. I propose, by
" removing the ground of the difference, and by re-
" storing the former unsuspecting confidence of the
" colonies in the mother-country, to give permanent
" satisfaction to your people ; and (far from a scheme
" of ruling by discord) to reconcile them to each other
" in the same act, and by the bond of the very same
" interest which reconciles them to British govern-
" ment."

He attempted to ridicule Lord North's proposi-
tion, but took advantage of the acquiescence of the
House in it, to reason, as on an established principle,
that the American complaints were not without foun-
dation, that conciliation was admissible before con-
cession, and to infer that the proposals ought to
originate from Great Britain.

He then viewed the enlarged population of Ame-
rica, and increased importance of her trade, both in
exports and imports ; describing in glowing terms her
augmenting commerce*, prosperous agriculture, and
enterprising fisheries. Such a people should be go-
verned by prudent management; force was not only
an odious, but a feeble instrument, for preserving a
race so numerous, so active, so growing, so spirited,
in a profitable and subordinate connexion.

In the character of the Americans, he contended,
the love of freedom was the predominating feature ; a
fierce love of liberty, rendered jealous, suspicious,
restive, and intractable, by the appearance of an at-
tempt to wrest from them by force, or shuffle from
them by chicane, the only advantage which, in their

* In descanting on this part of his subject, Mr. Burke assumed the African,
West Indian, and North American trade to be so interwoven, that the attemr t to
separate them would tear to pieces the contexture of the whole ; and if not en-
tirely destroy, would very much depreciate the value of all the parts, and there-
fore considered the three denominations one trade. On this basis he entered
into a comparison between the exports in 1704, and the existing period, shewing
that within that time they had increased from 569, 9301. to 6,024,1711., and that
the trade with America was in 1772 within less than 500,0001. of being equal to
what, at the beginning of the century, England carried on with the whole world.
It is obvious that such commercial statements are easily adapted to the views or
system of the speaker.

GEORGE III. 197

estimation, gave value to life. This ardour for liberty
he ascribed to six causes :

The descent of the Americans from Englishmen ; 17/5.

The popular governments of the colonies ;

The religious spirit of the northern provinces ;

The possession of slaves in the southern, which
rendered the owners far more proud and jealous of
their freedom;

Their education, which led so universally to the
study of law, that almost all the Americans were
lawyers, or smatterers in law, and successful proficients
in the arts of chicane ;

And their distance from the seat of government.
" Three thousand miles of ocean," he exclaimed, " lie
" between you and your subjects. No contrivance
" can prevent the effect of this distance, in weakening
" government. Seas roll, and months pass, between
" the order and the execution: and the want of a
" speedy explanation of a single point, is enough to
" defeat a whole system. You have, indeed, winged
" ministers of vengeance, who carry your bolts in their
" pounces to the remotest verge of the sea. But there
" a power steps in, that limits the arrogance of raging
" passions and furious elements, and says, ' So far shalt
" ' thou go, and no farther.' Who are you, that should
" fret, and rage, and bite the chains of nature? No-
" thing worse happens to you than does to all nations,
" who have extensive empire ; and it happens in all
" the forms into which empire can he thrown. In
" large bodies, the circulation of power must be less
" vigorous at the extremities. Nature has said it.
" The Turk cannot govern Egypt, and Arabia, and
" Curdistan, as he governs Thrace ; nor has he the
" same dominion in Crimea and Algiers, which he has
" at Bursa and Smyrna, Despotism itself is obliged
" to truck and huckster. The Sultan gets such obe-
" dience as he can. He governs with a loose rein,
" that he may govern at all ; and the whole of the
" force and vigour of his authority in his centre, is
" derived from a prudent relaxation in all its borders.
" Spain, in her provinces, is perhaps not so well obeyed

198

HISTORY OF ENGLAND.

" as you are in yours. She complies too ; she submits ,
" she watches times. This is the immutable condition,
1775. " the eternal law of extensive and detached empire."

From these investigations, he proceeded to exa-
mine the means by which a new government had
been established without the ordinary artificial media
of a positive constitution, better observed than the
ancient government in its most fortunate periods, and
yet formed in the midst of anarchy. Against the
daring and stubborn spirit which could achieve such a
prodigy, only three modes of proceeding could be
found; to change it by removing the causes; to pro-
secute it as criminal ; or to comply with it as ne-
cessary. Examining distinctly each of the causes he
had before assigned, the orator shewed the impracti-
cability of changing those which were moral, and
removing those which were natural. The second
mode was too vast for his ideas of jurisprudence ; he
knew not the method of drawing up an indictment
against a whole people, and felt rather mortified than
honoured by being a judge in his own cause; nor
were the criminations hitherto adopted attended with
a correspondent effect. Massachuset's Bay was de-
clared in rebellion, but no individual was convicted or
even apprehended ; measures of coercion were resorted
to, rather resembling a qualified hostility against an
independent power, than the punishment of rebellious
subjects.

Conciliation and concession alone remained; the
colonies complained of being taxed in a Parliament
where they were not represented. If they were to be
satisfied, it must be by giving them the boon they
asked ; not another of a kind totally different, but
which might be thought better for them. He depre-
cated all discussion on the right, as foreign from the
question, which related merely to expediency. Whe-
ther the grant of money was a private power reserved
out of the general trust of government, and how far
mankind in all forms of polity were entitled to an
exercise of that right by the charter of nature 1 Or
whether, on the contrary, a right of taxation was in-

GEORGE III. 199

volved in the general principle of legislation, and inse-

parable from the ordinary supreme power 1 " These,"

he said, " are deep questions where great names mili- 1775.

" tate against each other ; where reason is perplexed ;

" and an appeal to authorities only thickens the confu-

" sion. For high and reverend authorities lift up their

" heads on both sides ; and there is no sure footing in

" the middle. This point is the great Serbonian log

" betwixt Damiata and Mount Casius old, where armies

" ivhole have sunk. I do not intend to be overwhelmed

" in that bog, though in such respectable company."

A title, and arms to support it, were of no use, if reason

tended to convince him that the assertion of his title

would be the loss of his suit, and that he could only

wound himself with his own weapons. He was not

determining a point of law, but restoring tranquillity.

He then proceeded separately to develope his pro-
positions, and to descant on each. They recited the
unrepresented state of the colonies, and the injustice
of taxing them by a British Parliament. Distance
prevented their sending deputies to England, and they
had general assemblies of their own legally authorized
to raise taxes. Those assemblies had frequently
granted large subsidies to the King, which had been
found a more agreeable and beneficial manner of con-
ducing to the public service than acts of parliament.
The remaining propositions were to repeal the tax act
of 1767 ; the Boston port act; the Massachuset's Bay
judicature act ; and the act for altering the charter of
that colony ; to explain and amend the statute of
Henry VIII. for trial of treasons committed out of the
realm ; to render the judges appointed by the general
assemblies irremovable, but by the King in council,
on a representation or complaint from one branch of
the colonial legislature, and by regulating the courts
of admiralty, to render them more commodious to the
suitors.

On each of these resolutions he descanted with
much ability, quoting historical facts, citing the
precedents of Ireland, Wales, Chester, and Durham,
to shew the expediency of giving constitutional rights,

200 HISTORY OF ENGLAND.

instead of imposing taxes, and inferring from every
mode of argumentation, and every testimony of ex-
1775. perience, the practical benefits to be derived from
his plan.

He anticipated and endeavoured to obviate some
objections, and attempted to reconcile the House to
the cause of the Americans, by saying, they did not in
any general way, or in any cool hour, go much beyond
the demand of immunity in relation to taxes, and they
had no interest contradictory to the grandeur and
glory of England. He called Lord North's plan a
project of ransom by auction, and, after a long analyti-
cal comparison, gave his own a decided preference, as
deriving a larger fund from prosperous gratitude, than
could be obtained by compulsive oppression. " What
" is the soil or climate," he exclaimed, " where expe-
" rience has not uniformly proved that the voluntary
" flow of heaped-up plenty, bursting from the weight
" of its own rich luxuriance, has ever run with a more
" copious stream of revenue than could be squeezed from
" the dry husks of oppressed indigence by the strain-
" ing of all the political machinery in the world."

He declared, in the strongest terms, the utter im-
possibility of obtaining a revenue in England trans-
mitted from America, and argued, from the example of
Bengal, where the sums received in taxes were re-
funded by loan, that no fiscal emolument could be
expected from a distant country. Bengal was pecu-
liarly qualified to produce and transmit wealth ; Ame-
rica had none of these aptitudes. If she gave taxa-
ble objects, on which to lay duties here, and a surplus
by a foreign sale of her commodities, she performed
her part to the British revenue. With regard to her
own internal establishments, she might, and doubtless
would, contribute in moderation; in moderation;
for she ought not to be permitted to exhaust herself.
" Magnanimity in politics is not seldom the truest wis-
" dom ; and a great empire, and little minds, go ill
" together. If we are conscious of our situation, and
" glow with zeal to fill our place as becomes our station
" and ourselves, we ought to elevate our minds to the

GEORGE III. 201

" greatness of that trust to which the order of Provi-

" dence has called us. By adverting to the dignity of

" this high calling, our ancestors have turned a savage 1775.

" wilderness into a glorious empire; and have made

" the most extensive and the only honourable con-

" quests ; not by destroying, but by promoting, the

" wealth, the number, the happiness of the human

" race. Let us get an American revenue, as we have

" got an American empire. English privileges have

" made it all that it is : English privileges alone will

" make it all it can be."

It appears that these propositions were vigorously Debate,
combated, and a long and animated debate maintain-
ed, in which the principal speakers on the ministerial
side were, Mr. Thurlow, Mr. Jenkinson, Mr. Corn-
wall, and Lord Frederic Campbell ; but their speeches
are not preserved. The insidiousness of the propo-
sitions was pointed out, and the attempt to introduce
a necessity of yielding every object of contest, under
the notion of affirming an obvious truth, was severely
censured. The mere truth of an axiom did not prove,
of course, the propriety of making it the subject of a
vote : and, as the House had frequently resolved not
to sanction the unconstitutional claims of the Ame-
ricans, they could not admit resolves leading directly
to a concession of them. No assurance was offered,
that, if the propositions were adopted, the colonists
would make dutiful returns ; and thus the scheme,
pursued through so many difficulties, of making that
refractory people contribute their just proportion to
the expenses of the whole empire, would be rendered
abortive. It was further insisted, that not the
American assemblies, nor any other body, except
Parliament alone, could, consistently with the bill of
rights, levy money for the use of the Crown ; and
that any minister, who suffered the grant of a revenue
from the colonies in such a manner, would merit
impeachment. All inferior assemblies in the empire
were, like corporate towns in England, capable of
making bye-laws for their own municipal government,
and nothing further.

202

HISTORY OF ENGLAND.

CHAP.
XXV.

1775.

Propositions
rejected.

27th March.
Mr. Hart-
ley's plan.

Negatived.

15th May.
New York
remon-
strance.

The resolutions were supported by Lord John Ca-
vendish, Mr. Hotham, Mr. Tuffnell, Alderman S