USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 23
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The laws then in force allowed an exemption from payment of taxes to the ministers of religion, to such as were of a different sect, in the town where they had their residence. Every thing just and reason- able, as it was stated in the report, had been done by the Legislature in favor of liberty of conscience. But it was considered neither expedient nor just, to grant the particular exemptions prayed for in the petition ; for the public interests would have
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suffered; and conditions, connected with a pecuniary contract, required of all other citizens, would there- by have been remitted to those belonging to the baptist denomination .*
The number of Episcopalians in the province, at this time, was about the same as for several years previously. The proportion to the whole population, was not so great, as in the early part of the century. The increase of inhabitants, during that period, in the interior, where new townships were taken up and settled, was wholly in favor of the Congregational churches. For very few of the yeomanry, or of the middling class of citizens, were attached either to the ceremonies or ecclesiastical government of the church of England. Although some of the more opulent citizens, and most of the officers of the crown attended worship in the Episcopalian churches, the people very generally adhered to the system adopted by their pious ancestors, as more agreeable to scrip- ture, in their apprehension, and more consonant to the principles of political freedom, for which they were contending. It is gratifying, however, to know, that, with this diversity of religious opinion, among the people of the province, there was a spirit of catholicism prevailing, highly honorable to the men of that period, and creditable to the pure and bene- volent religion which all professed.
* See No. V. in the Appendix.
CHAPTER XIII.
Lord Dartmouth Secretary for American Affairs-Same policy con- tinued-Some imposts repealed-Duty on Tea remains-Tea sent to America by East India Company-Opposition of the people to it- Resolve to prevent the use and landing-Council advise against it- Proceedings in Boston respecting the Tea-Request to return it to England-The Consignees refuse-The Tea destroyed-Other Towns resolve to support the citizens of Boston-Measures and Plans of British more unfavorable-Governor declares the King's disapproba- tion of the Committees of Correspondence-The House vindicate the measure-Proceedings respecting the Judges' salaries paid by the Crown-They are required to relinquish it-Judge Oliver declines, and is impeached-The Governor refuses to decide-Council and House remonstrate against his conduct-He has leave to go to England.
LORD DARTMOUTH, Secretary for American affairs, was more favorably disposed towards the colo- nies than his predecessor, Lord HILLSBOROUGH, had been. The agents for Massachusetts found him more accessible, and more friendly in his assurances of regard for the welfare of the subjects in America. Their communications to him were received with less formality and court etiquette ; and he was care- ful to present the petitions, they offered from the province, to his Majesty. Those respecting the salaries of the Governor and Judges, and praying for the removal of the Governor and Lieutenant Governor, on discovering their very unfriendly let- ters, were promptly laid before the King by this
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minister ; though they made no impression on the royal mind, nor produced any change of measures towards America. The King, indeed, admitted the propriety of the colonial Assemblies to petition and to state their grievances; which, on some former occasions, the ministry had denied. But he disap- proved of the complaints against Mr. HUTCHINSON and Mr. OLIVER; and asserted most expressly, in answer to these petitions, the supreme authority of Parliament over all the subjects ; as well those in the colonies, as those within the realm of England.
Whatever, then, were the wishes of some indivi- duals in the British Cabinet, the greater number were advocates for arbitrary measures towards the colonies ; or were so firmly resolved to maintain the supreme authority of Parliament, as to insist on their submission to all such laws as might be enacted by the parent government. This claim on the part of the British ministry had been the source of all the uneasiness and difficulties in the province. And when some oppressive acts had been repealed, on the complaints of the people, ministers still asserted the right of Parliament to legislate for the American subjects ; thus denying the claim of the patriots in Massachusetts to regulate their own internal con- cerns, and to determine both the amount and object of taxes of every description. With this view, and on this principle it was, that the British administra- tion retained the duty on tea, when they removed it from paper, glass and other articles, which had been some time subject to imposts. And in consequence of the continuance of this duty, agreements had been very generally made through the province, and in most of the other colonies, for the disuse of this article, although the people had become very much attached to it.
The want of a market in America for teas, operat- ed greatly to the injury of the British East India Company : For, formerly, they had sold large quanti-
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ties to merchants in England to be sent to the colo- nies. Their warehouses in England were now full ; and they obtained leave of Parliament, under the directions of the Lords of the Treasury, to ship it to the colonies on their own account; and a draw- back was allowed on all teas exported from Great Britain to America. The colonists were thus threat- ened with having large cargoes brought into their ports, subject to a high duty, without their order ; and which, having found its way into the country, would be likely to be purchased by individuals, and a revenue collected for such objects as ministers might see fit to appropriate it to. A few persons in Boston,* and in other large maritime towns, were designated by the agents of the East India Company to receive and vend the article in America.
This insidious plan produced a great excitement in the province ;+ more especially in the metropolis, where the tea was expected to be landed. No measure of administration, not even the Stamp Act, or the appointment of commissioners of the revenue to reside in the province, had created more alarm. They had hitherto declined importing it; but now it was to be forced into the province; and it was feared many would be induced to purchase and use it. The inquiry, therefore, with the vigilant patriots in Boston, was, how to counteract the mischiefs in- tended .¿ Before the vessels arrived with it, a Town Meeting was called to devise measures to prevent
* In Boston, four persons were appointed for this purpose; two of whom were sons of Governor Hutchinson.
t A gentleman belonging to Boston (Hon. W. Phillips, now Lieut. Governor) then in London, on being asked his opinion as to the pro- bable success of this plan, expressly declared, that he considered it an insidious measure, which would be very unpopular in the province ; and advised one of the persons who was appointed a consignee, not to accept the appointment, as the people would probably devise some method to prevent its landing.
# Much was written in the papers, which shewed the unusual degree of indignation this measure produced. One writer used this extrava- gant language-" Whoever shall purchase and use this article, will drink political damnation to themselves."
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the landing and sale within the province .* The agreement, not to use tea, while a duty was im- posed, was now solemnly renewed ; and a committee was chosen to request the consignees of the East India Company neither to sell nor unlade the tea, which should be brought into the harbour. They communicated the wishes of the town to the mer- chants, who were to have the custody and sale of the tea : But they declined making any such pro- mise, as they had received no orders or directions
on the subject. They might, however, have given assurances, that they would not take charge of the tea, on its arrival, nor attempt to sell it in the pro- vince. This was all the citizens requested. But the consignees expected it would be a very lucrative business, and did not intend, except in case of danger or threats, to decline it. They, therefore, applied to the Governor for protection in receiving and sell- ing the tea, whenever it should arrive. The Gover- nor summoned a Council, and requested their advice in the affair ; who gave an opinion, that they had no particular duty to perform on the occasion ; that the civil magistrates had sufficient authority to suppress any riots or tumults which might arise : At the same time, they observed, that the people in the pro- vince were grievously oppressed by the enactment of unconstitutional laws, and the attempts to execute - them ; that they had, therefore, great reason to complain ; and that all the uneasiness discovered, was to be attributed to arbitrary and severe mea- sures which had been pressing upon them for several years .; The Governor was not satisfied with this opinion ; and intimated that he expected their re- commendation for having a military force in readiness
* In Philadelphia and some other places, similar methods were adopt- ed to prevent the landing of this article.
t The Council were unanimons in this opinion and advice. A report on the subject was prepared by J. Bowdoin, S. Dexter and Professor Winthrop.
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to protect the consignees, and the property com- mitted to their care and management. And he ac- tually issued orders to Mr. HANCOCK, then the first officer in the Independent Company of Cadets, to have that corps in preparation, to be called out at the shortest notice. He probably anticipated some opposition to the landing of the tea, and was deter- mined to suppress it by the military arm.
Another meeting of the town was soon after called on the subject, when it was resolved, "that the duty imposed by Parliament on tea, landed in the pro- vince, was a tax on the people, and a levying of contributions without their consent; that the object for which the tax was levied, being the support of government, under the direction of the British minis- try, had a direct tendency to render the Legislative Assemblies useless, and to introduce an arbitrary government in the province; that a virtuous and steady opposition to this ministerial plan of govern- ing America, was necessary to preserve their liber- ties, and a duty which every man owed to his country, to himself and to posterity ; that the reso- lution of the East India Company to send their tea to America, subject to the payment of duties on being landed, was an open attempt to enforce the plan of ministers, and a direct attack on the liberties. of America : And that whoever should countenance this attempt, or receive or vend the tea sent here, while subject to a duty, was an enemy to the country."
After passing these resolutions, the Selectmen, with J. HANCOCK, the moderator, H. INCHES, J. MASON and B. AUSTIN were appointed a committee, again to request the consignees, in the name of the town, to give quiet to the minds of the people, by engaging to have no concern in vending or receiving the cargoes of tea, then daily expected. An evasive answer was given to this request ; which was voted to be, not only unsatisfactory, but affrontive.
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On the arrival of the vessels with the tea, in the harbour of Boston, another meeting of the citizens was immediately called .* 'The hour of destruc- tion,' it was said, 'or of manly opposition, had now come :' And all who were friends to the country were invited to attend, "to make an united and successful resistance to this last and worst measure of administration." A great number of people as- sembled, from the adjoining towns as well as from the capital, in the celebrated Fanueil Hall, the usual place of meeting on such occasions; but was soon adjourned to one of the largest churches in town.t Here it was voted, as at a meeting before the tea arrived, that they would use all lawful means to prevent its being landed ; and to have it returned immediately to England. The consignees became alarmed, and authorized their friends to state to the meeting, that they would advise, that the tea be sent back. But this was not sufficient to satisfy the people. They could only be tranquilized by a posi- tive promise, that the tea should not be landed. And to give the factors time to decide, the meeting was adjourned to the afternoon ; when the owner of the vessel, which had the tea on board, was present, and said he should protest against their proceedings. It was, then, voted, that he be desired not to enter the tea at the custom-house, and that he would do it at his peril. An order was also passed for a watch of twenty-five men, for the security of the vessel and cargo. But it is doubtful, whether the real ob- ject was to prevent the unlading of the ship by the consignees, or to protect the tea from the violence of the enraged populace. Determined as the majority of the citizens were against the landing of the tea,
* The two last meetings were attended by citizens from the distance of twenty miles : for a very general indignation was excited by this at- tempt of administration to raise a revenue in the province. S. P. Savage, Esq. of Weston, was chosen moderator of the meeting.
t The old South Meeting House.
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they were also desirous of removing all occasion for tumult and riot. For the ministerial agents were not averse from provoking the people to some irre- gular acts, that they might have an apology for ad- vising to more severe measures. And the Governor, pretending that there was danger of riots, called on the civil magistrates to aid in preserving the peace. The citizens perceived his object, and voted, that, in their opinion, there was no disposition in the peo- ple to disturb the public tranquility, or to oppose lawful authority. It was, certainly, their intention to prevail with the consignees, and the owner of the vessel to order the return of the tea, without a resort to violence or force. And their prudence and patience were fully displayed, in again adjourn- ing the meeting, and waiting for the determination of the consignees. On the following day, when the citizens assembled to receive the final answer of the factors, as to the course they would pursue, in dis- posing of the tea, the sheriff appeared, and informed the meeting, that he had a proclamation from the Governor, which he was directed to read to them. It was then voted, that the proclamation be read. It declared these meetings to be unlawful, and re- quired the people to disperse. But the citizens, believing the meeting to be regular, as well as necessary to the attainment of the object they had in view, resolved not to separate. And the owner of the ship was again urged to engage that she should not be unloaded ; but that he would immedi- ately apply for the necessary papers from the custom house, and order her to leave the harbour on her return to London. He promised compliance ; pro- testing, however, that it was contrary to his own judgment ; and that he should do it only from neces- sity, as it appeared to be the determination of the town, that the tea should not be landed. Mean time, the agents of the East India Company made a communication to the meeting, in which they
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informed them, that they must decline sending back the tea ; but were ready to have it stored, and remain until they could hear from the company in England. The citizens continued dissatisfied with the conduct and proposal of the consignees ; and again ordered a watch to guard the vessels .* It was also again voted, that whoever should import tea into the province, should be considered an enemy to the country ; that they were determined to prevent the landing and sale thereof, and to cause it to be returned ; and that it was their resolution to carry these votes into effect at the risk of their lives and property. The people belong- ing to the country towns were likewise requested to afford their assistance to their friends in the capital, on notice, given for the purpose. It is uncertain, what the inhabitants of Boston expected, as an induce- ment to this resolution. There were British troops, however, then stationed at the Castle, and a ship of war in the harbor ; and it might be justly apprehend- ed, that the military would be called upon to aid in landing the tea ; which they determined to prevent, peaceably, if possible : And yet, in execution of their purpose, they were prepared for any event, which might occur.
This state of things continued several days, and the public feelings became greatly irritated. The con- signees refused to return the tea ; and fearing the vengeance of an injured people, retired to the Castle. The owner of the ship, which brought the tea, was unable to obtain a pass for her sailing, as the officer was in the interest of the British Ministers. Appli- cation was then made to the Governor, to order that a pass be given for the vessel ; but he declined inter- fering in the affair.
When the resolute spirit of the people was per- ceived ; though, obstinate and unaccommodating as was the conduct of the consignees, we are rather
* One or two other vessels were then hourly expected with cargoes of tea.
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to wonder at their long forbearance ; the more in- telligent felt it a duty to state the important conse- quences of their proceedings at this critical juncture. All believed the meetings to be lawful ; and agreed in urgent applications to the consignees and the own- er of the vessel, to send back the cargoes of tea. But they were aware of the high resentment of the British government, should the people proceed to acts of violence, and destroy the property of the East India Company ; which they appeared prepared to do, provided the vessels* were not soon ordered to return. It was the part of wisdom to look at the pro- bable consequences of their intended conduct. The spirit and firmness of the people were not disap- proved. But they were warned of the eventful crisis ; and admonished to prepare themselves for the censure of administration in England.
One of the citizens,t equally distinguished as a statesman and a patriot, addressed the meeting with unusual warmth and solemnity. He seemed deeply impressed with a sense of the serious consequences of their proceedings on this interesting occasion. The spirit then displayed and the sentiments then avowed, he warned them, should be such as they would be ready to approve and maintain, at any future day. For, to retreat from the ground they should then take, would bring disgrace on themselves and ruin on the country. It was his patriotic purpose to fortify the resolution of the more discreet, and to allay the fer- ment of the rash and inconsiderate. But a portion of the people were already prepared for action. And though the scene, which followed, on that memorable evening, cannot be justified under a government of laws, where relief from oppression may be regularly obtained, the friends of liberty will find some pallia- tion for a deed of necessary violence, when there was
, * Two other vessels had now arrived with cargoes of tea.
+ Josiah Quincy, Esq.
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no hope of justice from an arbitrary government ; especially, when it is recollected, that no personal insult was offered to any one, and no depredations were committed on the property of those, who were the innocent agents in transporting the tea into the province .* When it was found nothing could be effected in a regular way, the meeting was broken up ; and a number of men in disguise proceeded, late in the evening, to the vessels, then lying at the wharf, which had the tea on board : And in a short time, every chest was taken out, and the contents thrown into the sea ; but no injury- was done to any other part of the cargoes. t
The ardent and patriotic feelings, excited on this occasion, were not confined to the citizens of Boston. Meetings were holden in most of the towns in the vi- cinity,¿ and resolutions adopted, approving of the spirited conduct of their brethren in the metropolis, and pledging their lives to assist in support of their violated rights. It was not, that they fully justified the act of violence in destroying the tea ; for this was not committed by the vote or consent of the town : But was a plan concerted by a few individuals in secret ; who finding, that the repeated application of the citizens for the return of the tea was unavailing, had resolved to take the law into their own hands, and to render abortive an insidious measure of the
* The inhabitants of the town, generally, had no knowledge of the event, until the next day. It is supposed, the number of those concern- ed in the affair was about fifty : But who they were has been only a matter of conjecture to the present day. Some of them are believed to be now living.
t Mr. Rotch was owner of the first and largest vessel, which brought the tea to Boston, at this time : But his conduct was entirely unexcep- tionable in the affair ; while that of the agents was condemned with great severity. The newspapers published at that period, give full proof of the resentment and indignation of the people. There were then five different papers printed weekly in Boston ; and all but one edited by men most decidedly attached to the cause of liberty.
# Salem and Lynn were very decided, in reprobating this artful plan of ministers to introduce tea into the province, and thus to raise a rev- enue, contrary to the sentiments of a vast majority of the people.
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enemies of America. Yet, those who did not justify this irregular transaction, perceived in it chiefly the evils of tyranny and oppression ; and were the more confirmed in their opposition to the arbitrary conduct of administration. The resolutions passed by the people in the country towns breathed a noble and elevated spirit of freedom, which gave proof that their liberties could not be wrested from them without a mighty struggle. It was evident they understood their rights, and were prepared to endure the sever- est privations, rather than submit to further encroach- ments. The various plans of ministers to deprive them of their ancient privileges, and the want of suc- cess, on past occasions, in their efforts for redress, did not discourage them. They were determined to per- severe ; and intended, perhaps, to convince their cruel oppressors that a force was necessary to enslave them, which the British nation would not be willing to maintain.
From this period, probably, the British administra- tion contemplated the necessity of a military force to support their arbitrary system, and to carry into full execution the oppressive laws, which they saw a re- solution in the province to oppose or evade. Some individuals in the cabinet, of the greatest influence, appeared determined to try the experiment in Amer- ica, to what extent arbitrary principles of government would be endured by any portion of British subjects. Whether it was their ultimate object, as some im- agined, to practice upon such principles in England, would be difficult to decide. Subsequent events will shew, that a resolution was taken by administration in England to reduce the American colonies to a most humiliating condition, either by intrigue or by force. It was proposed, soon after this time, to alter the charter of Massachusetts, by having a Council ap- pointed by the King ; who, together with the Gov- ernor, would be wholly subservient to the views of the British Ministry ; and probably, to dispense with
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a House of Representatives, as in the time of ANDROS, in 1686 ; and to augment the military, that it might keep down all opposition and complaint among the people. The more discerning patriots in Massachu- setts were certainly apprehensive of such a disastrous event .* They perceived the arm of despotism stretched out towards America ; and had already proof enough, that there was a disposition to strike a blow, which would require all their strength to avert or sustain. They were far from wishing, even now, a separation from Great Britain ; and they had still a hope, that an administration would be formed more willing to listen to their complaints, and ready to ad- mit their claims to equal rights with their fellow subjects in England.
In his speech to the General Assembly, at the be- ginning of the session in January, 1774, the Governor gave notice of an order of his Majesty, by which the opinion and determination of the majority of Council, as a Supreme Court of Probate and as a Court for de- ciding in cases of marriage and divorce, should be valid and decisive, although the Governor should dif- fer in sentiment from them. Judicial proceedings in these cases, which was then had before the Governor and Council, had often been impeded, because the Governor insisted, that his consent was necessary, and that the opinion of a major part of Council, without it, was not sufficient to settle any question before them. He was now directed by the King and the privy Council to acquiesce in the decision of a ma- jority of the Board, notwithstanding his own opinion might be different. He spoke of this as a new proof of his Majesty's regard for the interest and conve- nience of the people, although it was a restriction of his own power, of which he was known to be very tenacious. He was also directed, he said, to signify
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