XXI.

1773.

CHAP. as were in his opinion calculated to counteract the daily infractions of the conftitution, which were made under an affected pretence of afpiring at English liberty, but were, in fact, moft frequently founded on appeals to the abstract and anti-focial rights of nature. The letters of Oliver' were of the fame character, but his counfels were more fpecific; he recommended the removal of the principal incendiaries; the establishment of a patrician order, and several other measures; but his advice was no more than a confidential difclofure of his own particular opinions, and not combined with any propofition for giving effect to meafures which might refult from it.

Their ef

fect in

IN the ftate of mind which prevailed in America. America, a temperate view of thefe letters could not be expected; paffion, intereft, and faction, combined in the efforts to render the writers univerfally odious. The committees of correfpondence printed and inclofed in a circular addrefs, the letters of the governor and lieutenant-governor, and the refolves of the affembly the ferment became general; town meetings were held, and violent refolutions adopted; one town even declared it was better to rifk their lives and fortunes in defence of their rights, civil and religious, than to die by piece-meal in flavery.

Effect of

exporting

WHILE the fpirit of oppofition was at the utthe act for mofi height, intelligence was received of the act of the British legiflature, permitting the Eaft India company to export tea, free from

tea.

The letters at large have been frequently published; and the reader may form a candid judgment from a perufal of the whole; a few phrafes malicioufly felected and falfified by typographical artifice, can only lead to mifapprehenfions and fallacious conclusions,

duty,

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17739

duty, to all parts of the globe, while it was CHAP charged with a duty of three-pence per pound, d on its arrival in America. Since the non-importation agreements, the colonists had been principally fupplied with tea fmuggled from Holland; as the duty taken off in England was one thilling per pound, if the introduction was now permitted, its cheapnefs would form an irrefiftible counteraction to the non-importation covenants, and a duty would be received by England from America, notwithstanding all the efforts of oppofition. The prefs again poured forth a torrent of invective, and imputed every finifter defign to the mothercountry; the duty on tea was reprefented as a prelude to various other impofitions, and the colonists were taught to expect a window-tax, à hearth-tax, a land-tax, and a poll-tax, as immediate and inevitable confequences.

ings at

SEVERAL of the provinces, influenced by Proceedthefe reprefentations, compelled the confignees Bolton. of tea to renounce their agency, and entered into ftrenuous refolutions against purchafing or permitting it to be landed. In Bofton the fame attempts were made; but the confignees, inftead of yielding to the commands of the populace, implored protection of the governor, who immediately convened the council, and 19th Nov. fubmitted the petition to their confideration. The council declined giving advice; the mob furrounded the houfes of the confignees, and on their still refufing to renounce their employ, broke their doors and windows, and compelled them to take refuge in Caftle William: the governor's proclamation for fuppreffing this riot was contemned and derided, and the theriff in fulted while attempting to read it.

THE moft violent oppofition to the landing

Arrival of a ship.

XXI.

1774.

Body

meeting.

CHAP. of tea being now expected, the firft fhip which arrived was detained below Caftle William. An affembly of the people was convoked at the Old South meeting-houfe, called a body-meeting this convention differed from a townmeeting, by being open to all perfons, without inquiry as to qualification. It confifted of feveral thousands, collected, not only in Boston, but from all the circumjacent towns: the owner of the tea fhip was fummoned before them, and required to bring his veffel to the wharf; his compliance, as they knew, compelled him to enter his cargo at the custom-houfe, and he accordingly reported his tea, after which twenty days were allowed to land it, and pay the duty.

THE body-meeting having thus fucceeded in creating a difficulty, paffed a refolution, that the tea fhould not be landed, nor the duty paid, but return in the fame bottoms in which it was brought. This was placing the captain in an inextricable dilemma; for as the fhip 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 veffel to pafs Caftle William, without a certificate from the custom-house.

THE body-meeting then appointed a military guard, to watch the thip every night till further orders. The confignees having been compelled to feek refuge from the fury of the populace, the council had declined interfering, and the governor perfevered in that line which the law marked out as his duty: his inflexibility in this point was oppofed by an equal obftinacy on the part of the towns-people, who rejected, with difdain, the offer of the confignees to land the tea, and ftore it under the

care

XXI.

care of the felect men, or a committee of the CHAP. town, till they could receive further orders from England.

1773

thrown

Two more fhips were now arrived, when the Tea military guard was unexpectedly withdrawn, into the fea. or the renewal omitted. A numerous mob, in the difguife of Mohawk Indians, fuddenly fallied forth, boarded the fhips, fplit open the chefts, and committed the whole cargoes of tea to the waves.

other pro

MEASURES were adopted in other provinces Proceedings in to prevent the landing; fome fhips were compelled to return without coming to anchor; vinces. and feveral cargoes were deftroyed; but in no other place was fuch a fyftematic and overbearing fpirit of oppofition manifefted as in

Bofton.'

chief

THE affembly were too much animated with Impeachthe popularity of the late proceedings, to, omitment of the any opportunity of renewing perfonal contefts juftice. with the governor. In the last feffion they declared, that judges, who received falaries from the crown inftead of the people, would no longer enjoy the public confidence and efteem, and it would be the indifpenfable duty of the province to impeach them before the governor and council. Not intimidated by thefe threats, the judges refufed to accept more than half of the fums granted by the houfe of reprefenta- 24th Feb. tives, who, in this feffion, put their menace in 1774. execution, by voting articles of impeachment against Peter Oliver, efq. chief-juftice of the fuperior court of judicature, charging him with a defign to fubvert the conftitution of the province, and to introduce into the court over which he prefided, a partial, arbitrary, and cor

* Stedman-Andrews-Massachussetenfis, letter iv.

1

XXI.

CHAP. rupt administration of juftice, in confequence of which he had declined receiving grants of the general affembly, but accepted an annual ftipend from his majefty's minifters.

3774.

His letter.

In a letter addreffed to the house, the magiftrate remonftrated, that during the feventeen years he had been in office, he was unconfcious of any violation of the laws in his judicial capacity; he had fuftained by privation of bufinefs, and the infufficiency of his ftipends, a lofs exceeding three thousand pounds fterling; he had not folicited a falary from the king; but when it was offered, duty and gratitude to the beft of fovereigns, induced him to accept the munificent donation. This appeal was infufficient to difarm the fury of the affembly; the impeachment was voted by a large majority;" but the governor difclaiming any authority to try and determine high crimes and mifdemeanors, refused to receive it. The reprefentatives, however, perfevering in their attempt, and renewing goth Mar. the impeachment in another form, Hutchinfon Affembly diffolved the affembly. His fpeech was couched in terms of fevere reprehenfion; he faid, "As "fome of your votes, refolves, and other pro

diffolved.

ceedings, which you have fuffered to be "made public, ftrike directly at the honour " and authority of the king and parliament, I may not neglect bearing public teftimony against them, and making ufe of the power "vested in me by the conftitution, to prevent your further proceeding in the fame way."

"