Such was the state of things in Massachusetts and in other colonies at the close of the year 1768.

CHAPTER XV.

The earliest proceedings of this year in regard to the American colonies took place in the British Parliament. In all the resolutions, protests, addresses, and petitions which had been adopted by American Assemblies and at town meetings, asserting the exclusive right of the colonists to tax themselves, and against taxation without representation by the British Parliament, they professed heartfelt loyalty to the King, and disclaimed all views of independence; while in England the Parliament asserted unlimited supremacy in and over the colonies, and the Royal speeches, as well as the resolutions and addresses adopted by the Lords and Commons, represented the colonies as being in a state of disobedience to law and government, adopting measures subversive of the constitution, and manifesting a disposition to throw off all allegiance to the mother country. The House of Lords passed resolutions censuring the resolutions and proceedings of the Massachusetts House of Representatives, pronouncing the election of deputies to sit in Convention, and the meeting of that Convention at Boston, daring insults to his Majesty's authority, and audacious usurpations of the powers of Government; yet, as has been seen, that Convention expressly disclaimed any assumption of government, and simply expressed the grievances complained of, prayed for their redress, declared their loyalty to the King, and recognition of the supreme authority of Parliament according to the constitution, and quietly dissolved. But the House of Commons declared concurrence in the resolutions of the Lords; and both Houses, in their address to the King, endorsed the measures of his Ministers, declared their readiness to give effectual support to such further measures as might be found necessary to execute the laws in Massachusetts Bay, and prayed his Majesty "to direct the Governor (Barnard) to take the most effectual methods for procuring the fullest information touching all treason or misprision of treason within the Government since the 30th day of December, 1767, and to transmit the same, together with the names of the persons who were most active in the commission of such offences, to one of the Secretaries of State, in order that his Majesty might issue a special commission for inquiring, hearing and determining the said offences, within the realm of Great Britain, pursuant to the provision of the statute of the 35th of Henry the Eighth."

The holding of town-meetings and their election of deputies, etc., were as much provided for in the provincial laws as the meeting and proceedings of the House of Representatives, or as are the meetings and proceedings of town, and township, and county municipal councils in Canada. The wholesale denunciations of disloyalty and treason against the people of a country was calculated to exasperate and produce the very feelings imputed; and the proposal of the two Houses of Parliament to make the Governor of Massachusetts Bay a detective and informer-general against persons opposed to his administration and the measures of the British Ministry, and the proposition to have them arrested and brought 3,000 miles over the ocean to England, for trial before a special commission, for treason or misprision of treason, show what unjust, unconstitutional, and foolish things Parliaments as well as individuals may sometimes perpetrate. Nothing has more impressed the writer, in going through this protracted war of words, preliminary to the unhappy war of swords, than the great superiority, even as literary compositions, much more as State documents, of the addresses and petitions of the Colonial Assemblies, and even public meetings, and the letters of their representatives, when compared with the dispatches of the British Ministry of that day and the writings of their partizans.

The resolutions and joint address of the Houses of Parliament, which were adopted in February, reached America in April, and gave great offence to the colonists generally instead of exciting terror, especially the part of the address which proposed bringing alleged offenders from Massachusetts to be tried at a tribunal in Great Britain. Massachusetts had no General Assembly at that time, as Governor Barnard had dissolved the last Assembly, and the time prescribed by the Charter for calling one had not arrived; but the House of Burgesses of the old, loyal Church of England colony of Virginia took the state of all the colonies into serious consideration, passed several resolutions, and directed their Speaker to transmit them without delay to the Speakers of the Assemblies of all the colonies on the continent for their concurrence. In these resolutions the House of Burgesses declare—"That the sole right of imposing taxes on the inhabitants of this colony is now, and ever hath been, legally and constitutionally vested in the House of Burgesses, with consent of the Council, and of the King or his Governor for the time being; that it is the privilege of the inhabitants to petition their Sovereign for redress of grievances, and that it is lawful to procure the concurrence of his Majesty's other colonies in dutiful addresses, praying the Royal interposition in favour of the violated rights of America; that all trials for treason, misprision of treason, or for any felony or crime whatsoever, committed by any persons residing in any colony, ought to be in his Majesty's courts within said colony, and that the seizing of any person residing in the colony, suspected of any crime whatsoever committed therein, and sending such person to places beyond the sea to be tried, is highly derogatory of the rights of British subjects, as thereby the inestimable privilege of being tried by jury from the vicinage, as well as the liberty of producing witnesses on such trial, will be taken away from the accused."

The House agreed also to an address to his Majesty, which stated, in the style of loyalty and real attachment to the Crown, a deep conviction that the complaints of the colonists were well founded. The next day Lord Botetourt, the Governor of Virginia, dissolved the House in the following words: "Mr. Speaker and Gentlemen of the House of Burgesses, I have heard of your resolves, and augur ill of their effects. You have made it my duty to dissolve you; and you are dissolved accordingly."

The Assembly of South Carolina adopted resolutions similar to those of Virginia, as did the Lower House of Maryland and the Delaware counties, and the Assembly of North Carolina, and was on that account dissolved by Governor Tyron. Towards the close of the year, the Assembly of New York passed resolutions in concurrence with those of Virginia. The members of the House of Burgesses of Virginia, and of the Assembly of North Carolina, after their dissolution, met as private gentlemen, chose for moderators their late Speakers, and adopted resolutions against importing British goods. This was followed by other colonies, and the non-importation agreement became general. Boston had entered into the non-importation agreement as early as August, 1768, which was soon after adopted in Salem, the city of New York, and the province of Connecticut; but the agreement was not generally entered into until after the Virginia resolutions. "The meetings of non-importation associations were regularly held in the various provinces. Committees were appointed to examine all vessels arriving from Britain. Censures were freely passed on such as refused to concur in these associations, and their names were published in the newspapers as enemies of their country. The regular Acts of the Provincial Assemblies were not so much respected and obeyed as the decrees of these Committees."[309]

Governor Barnard could not delay calling the General Assembly of Massachusetts beyond the time prescribed by the Charter for its meeting in May; and when it met, its first act was to appoint a Committee to wait on the Governor, and represent to him "that an armament by sea and land investing this metropolis, and a military guard with cannon pointed at the door of the State House, where the Assembly is held, are inconsistent with the dignity and freedom with which they have a right to deliberate, consult, and determine," and added, "They expect that your Excellency will, as his Majesty's representative, give effectual orders for the removal of the above-mentioned forces by sea and land out of this port, and the gates of this city, during the session of the said Assembly." The Governor answered: "Gentlemen, I have no authority over his Majesty's ships in this port, or his troops within this town, nor can I give any orders for the removal of the same." The House persisted in declining to do business while surrounded with an armed force, and the Governor at length adjourned it to Cambridge.

On the 6th of July the Governor sent a message to the House with accounts of expenditures already incurred in quartering his Majesty's troops, desiring funds for their payment, and requiring a provision for the quartering of the troops in the town and on Castle Island, "according to Act of Parliament." The next day, among other things, the House passed the following resolutions:

"That a general discontent on account of the Revenue Acts, an expectation of the sudden arrival of a military power to enforce said Acts, an apprehension of the troops being quartered upon the inhabitants, the General Court (or Assembly) dissolved, the Governor refusing to call a new one, and the people almost reduced to a state of despair, rendered it highly expedient and necessary for the people to convene their (town) committees to associate (in convention), consult, and advise the best means to promote peace and good order; to present their united complaints to the Throne, and jointly to pray for the Royal interposition in favour of their violated rights; nor can this procedure possibly be illegal, as they expressly disclaim all governmental acts.

"That the establishment of a standing army in this colony, in time of peace, is an invasion of national rights.

"That a standing army is not known as a part of the British constitution.

"That sending an armed force into the colony, under pretence of assisting the civil authority, is highly dangerous to the people, unprecedented and unconstitutional."

On the 12th of July the Governor sent a message to the House requesting an explicit answer to his message of the 6th, as to whether the House would or would not make provision for quartering the troops. After anxious deliberation, the unusually full House of 107 members present unanimously answered:

"As representatives, by the Royal Charter and the nature of our trust, we are only empowered to grant such aids as are reasonable, of which we are free and independent judges, at liberty to follow the dictates of our own understanding, without regard to the mandates of another. Your Excellency must, therefore, excuse us in this express declaration that as we cannot, consistently with our honour or interest, and much less with the duty we owe to our constituents, so we shall never make provision for the purposes mentioned in your messages."

Governor Barnard rejoined, in his last words to the Assembly, "To his Majesty, and if he pleases to his Parliament, must be referred your invasion of the rights of the Imperial sovereignty. By your own acts you will be judged. Your publications are plain and explicit, and need no comment." And he prorogued the Assembly until the 10th day of January, 1770. He wrote to Lord Hillsborough: "Their last message exceeds everything." Three weeks afterwards, the 1st of August, unexpectedly to himself, Barnard was recalled. He had expected to be appointed Governor of Virginia; but on his arrival in England he found that the British Ministers had promised the London-American merchants that they would never employ him again in America.[310] He answered the purposes of the corrupt Ministerial oligarchy in England, to mislead the Sovereign on one hand and oppress the colonists on the other. But for him there would have been no ships of war or military sent to Boston; no conflicts between the citizens and soldiers; probably no revolutionary war. Barnard's departure from Boston was signalized by the ringing of bells, and firing of cannon, and bonfires at night. He was succeeded in the government by Lieutenant-Governor Hutchinson, a man who had rendered great service to his native country by his History, and his labours in the Legislature for ten years, but who had become extremely unpopular by his secret support of the English Revenue Acts and duplicate policy of Barnard, whom he at length equalled in avarice and deception, and greatly excelled in ability.

One of the most effective and least objectionable means of obtaining the repeal of the Revenue Acts was the agreement not to purchase or import goods of British manufacture or goods imported from British ports. At best the revenues arising from the operation of these Acts would not amount to £20,000 a year. They were maintained in England as a badge of the absolute authority of Parliament; they were resisted in America as a badge of colonial independence of taxation—without representation. There was no crime, political or moral, in refusing to buy goods of any kind, much less goods burdened with what they considered unlawful duties. Mr. Bancroft remarks:

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

"The people of Boston, stimulated by the unanimity and scrupulous fidelity of New York, were impatient that a son of Barnard, two sons of Hutchinson, and about five others, would not accede to the agreement. At a great meeting of merchants in Faneuil Hall, Hancock proposed to send for Hutchinson's two sons, hinting, what was true, that the Lieutenant-Governor was himself a partner with them in their late extraordinary importations of tea. As the best means of coercion, it was voted not to purchase anything of the recusants. Subscription papers to that effect were carried around from house to house, and everybody complied."

"A letter from New York next invited Boston to extend the agreement against importing indefinitely, until every Act imposing duties should be repealed; and on the 17th (of October), by the great influence of Molineux, Otis, Samuel Adams, and William Cooper, this new form was adopted."[311] The opposition in Boston to the reception of goods from England became so general and determined, that even Governor Hutchinson quailed before it, and the soldiers stood silent and inactive witnesses of it. Mr. Bancroft says:

"Early in October (1769), a vessel laden with goods, shipped by English houses themselves, arrived in Boston. The military officers had been speculating on what would be done, and Colonel Dalrymple stood ready to protect the factors. But his assistance was not demanded. Hutchinson permitted the merchants to reduce the consignees to submission, and even to compel an English adventurer to re-embark his goods. One and another of the Boston recusants yielded; even the two sons of Hutchinson himself, by their father's direction, gave up 18 chests of tea, and entered fully into the (non-importation) agreement. Four still held out, and their names, with those of the two sons of Hutchinson, whose sincerity was questioned, stood recorded as infamous on the journals of the town of Boston. On the 15th another ship arrived; again the troops looked on as bystanders, and witnessed the complete victory of the people."[312]

But in the following month, November, a new turn was given to public thought, and new feelings of joy were inspired throughout America, by a dispatch from Lord Hillsborough to the King's personal friend, Lord Botetourt, Governor of Virginia, promising the repeal of the obnoxious Revenue Acts, and to impose no further taxes on the colonies. Lord Hillsborough says:

"I can take upon me to assure you, notwithstanding information to the contrary from men with factious and seditious views, that his Majesty's present Administration have at no time entertained a design to propose to Parliament to lay any further taxes upon America for the purpose of raising a revenue; and that it is at present their intention to propose, the next session of Parliament, to take off the duties upon glass, paper and colours, upon consideration of such duties having been laid contrary to the true principles of commerce." Lord Hillsborough further informed Lord Botetourt that "his Majesty relied upon his prudence and fidelity to make such explanation of his Majesty's measures as would tend to remove prejudices and to re-establish mutual confidence and affection between the mother country and the colonies."

In Lord Botetourt's address to the Virginia Assembly, transmitting a copy of the dispatch, he said:

"It may possibly be objected that as his Majesty's present Administration are not immortal, their successors may be inclined to attempt to undo what the present Ministers shall have attempted to perform; and to that objection I can give but this answer: that it is my firm opinion that the plan I have stated to you will certainly take place, and that it will never be departed from; and so determined am I for ever to abide by it, that I will be content to be declared infamous if I do not, to the last hour of my life, at all times, in all places, and upon all occasions, exert every power with which I either am, or ever shall be, legally invested, in order to obtain and maintain for the continent of America that satisfaction which I have been authorized to promise this day by the confidential servants of our gracious Sovereign, who, to my certain knowledge, rates his honour so high, that he would rather part with his crown than preserve it by deceit."

These assurances were received by the Virginians with transports of joy, viewing them as they did as abandoning, never to be resumed, the design of raising a revenue in America by Act of Parliament. The General Assembly of Virginia, in reply to Lord Botetourt's address, thus expressed themselves:

"We are sure our most gracious Sovereign, under whatever changes may happen in his confidential servants, will remain immutable in the ways of truth and justice, and that he is incapable of deceiving his faithful subjects; and we esteem your lordship's information not only as warranted, but even sanctified by the Royal word."[313]

It was understood and expected on all sides that the unproductive tax on tea would be repealed with the other articles enumerated in the Revenue Acts. Such was the wish of Governor Botetourt; such was the advice of Eden, the newly appointed Lieutenant-Governor of Maryland; Golden, who now administered the government of New York, on account of the death of More, assured the Legislature of the greatest probability that the late duties imposed by authority of Parliament, so much to the dissatisfaction of the colonies, would be taken off the ensuing session.[314]

"Thus," says Mr. Bancroft, "all America confined its issue with Great Britain to the single question of the Act imposing a duty on tea." "Will not a repeal of all other duties satisfy the colonists?" asked one of the Ministerial party of Franklin in London. And he frankly answered, 'I think not; it is not the sum paid in the duty on tea that is complained of as a burden, but the principle of the Act expressed in the preamble.' This faithful advice was communicated to the Ministry; but what effect could it produce when Hillsborough administered the colonies, with Barnard for his counsellor?[315]

CHAPTER XVI.

"On the 2nd of March, 1770, a fray took place near Mr. Gray's ropewalk, between a private soldier of the 20th Regiment and an inhabitant. The former was supported by his comrades, the latter by the ropemakers, till several on both sides were involved in the consequences. On the 5th a more dreadful scene was presented. The soldiers when under arms were pressed upon, insulted and pelted by the mob, armed with clubs, sticks, and snowballs covering stones. They were also dared to fire. In this situation, one of the soldiers, who had received a blow, in resentment fired at the supposed aggressors. This was followed by a single discharge from six others. Three of the inhabitants were killed and five were dangerously wounded. The town was immediately in commotion. Such were the temper, force, and number of the inhabitants, that nothing but an engagement to remove the troops out of the town, together with the advice of moderate men, prevented the townsmen from falling on the soldiers. Capt. Preston, who commanded, and the party who fired on the inhabitants, were committed to jail, and afterwards tried. The captain and six of the men were acquitted. Two were brought in guilty of manslaughter (and were lightly punished). It appeared on the trial that the soldiers were abused, insulted, threatened, and pelted before they fired. It was also proved that only seven guns were fired by the eight prisoners. These circumstances induced the jury to give a favourable verdict. The result of the trial reflected great honour on John Adams and Josiah Quincy, the counsel for the prisoners (promising young lawyers and popular leaders), and also on the integrity of the jury, who ventured to give an upright verdict in defiance of popular opinion."[316]

A further hindrance to returning harmony in Massachusetts, as in the other colonies, was another ill-judged act of the British Ministers in making the Governor and judges wholly independent of the province in regard to their salaries, which had always been paid by the local Legislature in annual grants, but which were now, for the first time, paid by the Crown. The House of Assembly remonstrated against this innovation, which struck at the very heart of public liberty, by making the administrator of the government, and the courts of law, wholly independent of the people, and wholly dependent on the Crown, all holding their offices during pleasure of the Crown, and depending upon it alone for both the amount and payment of their salaries, and that payment out of a revenue raised by taxing the people without their consent.

The House addressed the Governor and judges to know whether they would receive their salaries as heretofore, by grants of the Legislature, or as stipends from the Crown. Three out of the four judges announced that they would receive their salaries as heretofore, by grants from the local Legislature; but Governor Hutchinson and Chief Justice Oliver announced that they would receive their salaries from the Crown. They therefore became more and more odious to the inhabitants, while the discussion of the new question of the relations of the Executive and Judiciary to the people, upon the grounds of public freedom and the impartial administration of justice, greatly increased the strength of the opposition and the importance of the local House of Representatives as the counterpart of the House of Commons, and as guardians of the rights of the people.

At an early period of Canadian history, the salaries of governors and judges were determined and paid by the Crown, out of what was called a casual and territorial revenue, independent of the representatives of the people, and the judges held their places during pleasure; but after much agitation, and a determined popular struggle of several years, a civil list for both the governors and judges was agreed upon and voted by the Legislature. The tenure of the offices of judges was made that of good behaviour, instead of pleasure; and executive councillors and heads of departments were made dependent upon the confidence of the Legislature, with the control of revenues of every kind raised in the country; since which time there have been peace, loyalty, and progress throughout the provinces of the Canadian Dominion.

To turn now to the affairs of the colonies as discussed and decided upon in the British Parliament, which met the 9th of January, 1770. The King, in opening Parliament, expressed his regret that his endeavours to tranquillize America had not been attended with the desired success, and that combinations had been formed to destroy the commercial connection between the colonies and the mother country. The opposition in both Houses of Parliament dwelt strongly on the prevailing discontents, both in England and in the colonies. Ministers, admitting these discontents, imputed them to the spirit of faction, the speeches and writings of agitators, and to petitions got up and circulated by their influence. Lords Camden and Shelburne resigned, disapproving of the policy of the Administration, as did soon after, on the 28th of January, 1770, the Duke of Grafton, First Lord of the Treasury, and was succeeded by Lord North as Chancellor of the Exchequer. Lord Chatham, after an absence of two years, recovered sufficiently to make his clarion voice once more heard in the councils of the nation against official corruption, and in defence of liberty and the rights of the colonies, the affairs of which now occupied the attention of Parliament. The British manufacturers and merchants who traded to America had sustained immense losses by the rejection of their goods, through the non-importing associations in America, and apprehended ruin from their continuance, and therefore petitioned Parliament, stating their sufferings and imploring relief. On the 5th of March Lord North introduced a Bill into the Commons for the repeal of the whole of the Act of 1767, which imposed duties on glass, red lead, paper, and painters' colours, but retaining the preamble, which asserted the absolute authority of Parliament to bind the colonies in all cases whatsoever, and retaining, as an illustration of that authority, the clause of the Act which imposed a duty on tea. He said:—"The articles taxed being chiefly British manufactures, ought to have been encouraged instead of being burdened with assessments. The duty on tea was continued, for maintaining the parliamentary right of taxation. An impost of threepence in the pound could never be opposed by the colonists, unless they were determined to rebel against Great Britain. Besides, a duty on that article, payable in England, and amounting to nearly one shilling in the pound, was taken off on its exportation to America; so that the inhabitants of the colonies saved ninepence in the pound. The members of the opposition, in both Houses, advocated the repeal of the clause on tea, and predicted the inefficiency of the Bill should that clause be retained, and repeated the arguments on the injustice and inexpediency of taxing America by Act of Parliament; but the Bill was carried by a large majority, and assented to by the King on the 12th of April."

The repeal of the obnoxious port duties of 1767 left no pretence for retaining the duty on tea for raising a revenue, as the tea duty, at the highest computation, would not exceed £16,000 a year; and when Lord North was pressed to relinquish that remaining cause of contention, he replied:

"Has the repeal of the Stamp Act taught the Americans obedience? Has our lenity inspired them with moderation? Can it be proper, while they deny our legal right to tax them, to acquiesce in the argument of illegality, and by the repeal of the whole law to give up that honour? No; the most proper time to exert our right of taxation is when the right is refused. To temporize is to yield; and the authority of the mother country, if it is now unsupported, will in reality be relinquished for ever. A total repeal cannot be thought of till America is prostrate at our feet."

Governor Pownall, who had spent many years in America, and had preceded Barnard as Governor of Massachusetts, moved an amendment, to include the repeal of the duty on tea as well as on the articles included in the original motion of Lord North. In the course of his speech in support of the amendment he said:

"If it be asked whether it will remove the apprehensions excited by your resolutions and address of the last year, for bringing to trial in England persons accused of treason in America? I answer, no. If it be asked, if this commercial concession would quiet the minds of the Americans as to the political doubts and fears which have struck them to the heart throughout the continent? I answer, no; so long as they are left in doubt whether the Habeas Corpus Act, whether the Bill of Rights, whether the Common Law as now existing in England, have any operation and effect in America, they cannot be satisfied. At this hour they know not whether the civil constitution be not suspended and superseded by the establishment of a military force. The Americans think that they have, in return to all their applications, experienced a temper and disposition that is unfriendly—that the enjoyment and exercise of the common rights of freemen have been refused to them. Never with these views will they solicit the favour of this House; never more will they wish to bring before Parliament the grievances under which they conceive themselves to labour. Deeply as they feel, they suffer and endure with alarming silence. For their liberty they are under no apprehensions. It was first planted under the auspicious genius of the constitution, and it has grown up into a verdant and flourishing tree; and should any severe strokes be aimed at the branches, and fate reduce it to the bare stock, it would only take deeper root, and spring out more hardy and durable than before. They trust to Providence, and wait with firmness and fortitude the issue."

The statements of Governor Pownall were the result of long observation and experience in America, and practical knowledge of the colonists, and were shown by results to be true to the letter, though treated with scorn by Lord North, and with aversion by the House of Commons, which rejected his amendment by a majority of 242 to 204.

The results of the combinations against the use of British manufactures were illustrated this year by the candidates for the degree of Bachelor of Arts at Harvard College appearing dressed in black cloth manufactured wholly in New England. The general plan of non-importation of English manufactured goods was now relinquished on the repeal of the duties imposed upon them; but the sentiment of the principal commercial towns was against the importation of any tea from England. An association was formed not to drink tea until the Act imposing the duty should be repealed. This was generally agreed to and observed throughout the colonies.

But the retaining of threepence in the pound on tea did not excite so much hostility in the colonies against the Parliament as might have been expected. The Act of Parliament was virtually defeated, and the expected revenue from tea failed because of the resolution of the colonial associations of the people to use no tea, and of the merchants to import none on which the duty was charged. The merchants found means to smuggle, from countries to which the authority of Great Britain did not extend, a sufficient supply of tea for the tea-drinking colonists. Thus the tea-dealers and tea-drinkers of America exercised their patriotism and indulged their taste—the one class making an additional threepence a pound on tea by evading the Act, and the other class enjoying the luxury of tea as cheap as if no tea-duty Act of Parliament existed, and with the additional relish of rendering such Act abortive. The facilities for smuggling tea, arising from the great extent of the American coasts, and the great number of harbours, and the universality of the British anti-tea associations, and the unity of popular sentiment on the subject, rendered the Act of Parliament imposing the duty a matter of sport rather than a measure of oppression even to the most scrupulous, as they regarded the Act unconstitutional, and every means lawful and right by which the obnoxious Act could be evaded and defeated. It is probable that, in the ordinary course of things, the Act would have become practically obsolete, and the relations of the colonies to the mother country have settled down into quietness and friendliness, but for another event, which not only revived with increased intensity the original question of dispute, but gave rise to other occurrences that kindled the flame of the American revolution. That event was the agreement between the Ministry and the East India Company, which interfered with the natural and ordinary channels of trade, and gave to that Company a monopoly of the tea trade of America. From the diminished exportation of tea from England to the colonies, there were, in warehouses of the British East India Company, seventeen millions of pounds of tea for which there was no demand. Lord North and his colleagues were not willing to lose the expected revenue, as small as it must be at last from their American Tea Act, and the East India Company were unwilling to lose the profits of their American tea trade.

An agreement was therefore entered into between the Ministry and the Company, by which the Company, which was authorized by law to export their tea free of duty to all places whatsoever, could send their tea cheaper to the colonies than others who had to pay the exceptionable duty, and even cheaper than before it had been made a source of revenue; "for the duty taken off it when exported from Great Britain was greater than that to be paid for it on its importation into the colonies. Confident of success in finding a market for their tea, thus reduced in its price, and also of collecting a duty on its importation and sale in the colonies, the East India Company freighted several ships with teas for the different colonies, and appointed agents (or consignees) for its disposal." This measure united both the English and American merchants in opposition to it upon selfish grounds of interest, and the colonists generally upon patriotic grounds. "The merchants in England were alarmed at the losses that must come to themselves from the exportations of the East India Company, and from the sales going through the hands of consignees. Letters were written to colonial patriots, urging their opposition to the project. The (American merchants) smugglers, who were both numerous and powerful, could not relish a scheme which, by underselling them and taking a profitable branch of business out of their hands, threatened a diminution of their gains. The colonists were too suspicious of the designs of Great Britain to be imposed upon.

"The cry of endangered liberty once more excited an alarm from New Hampshire to Georgia. The first opposition to the execution of the scheme adopted by the East India Company began with the American merchants. They saw a profitable branch of their trade likely to be lost, and the benefits of it transferred to a company in Great Britain. They felt for the wound that would be inflicted on their country's claim of exemption from parliamentary taxation; but they felt, with equal sensibility, for the losses they would sustain by the diversion of the streams of commerce into unusual channels. Though the opposition originated in the selfishness of the merchants, it did not end there. The great body of the people, from principles of the purest patriotism, were brought over to second their wishes. They considered the whole scheme as calculated to seduce them into an acquiescence with the views of Parliament for raising an American revenue. Much pains were taken to enlighten the colonists on this subject, and to convince them of the eminent hazard to which their liberties were exposed.

"The provincial patriots insisted largely on the persevering determination of the parent state to establish her claim of taxation by compelling the sale of tea in the colonies against the solemn resolutions and declared sense of the inhabitants, and that at a time when the commercial intercourse of the two countries was renewed, and their ancient harmony fast returning. The proposed vendors of the tea were represented as revenue officers, employed in the collection of an unconstitutional tax imposed by Great Britain. The colonists contended that, as the duty and the price of the commodity were inseparably blended, if the tea were sold every purchaser would pay a tax imposed by the British Parliament as part of the purchase money."[317]