Chapter 17

"Gentlemen: It is currently reported that you are in the extremest anxiety respecting your standing with the good people of this Town and Province, as commissioners of the sale of the monopolized and dutied tea. We do not wonder in the least that your apprehensions are terrible, when the most enlightened humane & conscientious community on the earth view you in the light of tigers or mad dogs, whom the public safety obliges them to destroy. Long have this people been irreconcilable to the idea of spilling human blood, on almost any occasion whatever; but they have lately seen a penitential thief suffer death for pilfering a few pounds from scattering individuals. You boldly avow a resolution to bear a principal part in the robbery of every inhabitant of this country, in the present and future ages, of every thing dear and interesting to them. Are there no laws in the Book of God and nature that enjoin such miscreants to be cut off from among the people, as troublers of the whole congregation. Yea, verily, there are laws and officers to put them into execution, which you can neither corrupt, intimidate, nor escape, and whose resolution to bring you to condign punishment you can only avoid by a speedy imitation of your brethren in Philadelphia. This people are still averse to precipitate your fate, but in case of much longer delay in complying with their indispensable demands, you will not fail to meet the just rewards of your avarice & insolence. Remember, gent^n, this is the last warning you are ever to expect from the insulted, abused, and most indignant vindicators of violated liberty in the Town of Boston.

Thursday evening, 9 o'clock. Nov. 4, 1773. O.C., Sec^y, pr order.[45]

To Messrs. the Tea Commissioners. Directed to B---- F---- Esq^r."

On Friday we had a Town Meeting. What was done there, together with our answers and their resolves, you'll see in the enclosed news paper. Just before the meeting broke up, several gent^n, on my telling the purport of our answer, advised me to leave the town for that night; but I have not yet slept out of my own house, nor do I propose to do it, till I find it absolutely necessary. I thought it best, however, to conceal myself for two or three hours. But nothing took place more that evening than is usual on the 5^th Nov^r. On Friday, we received an information, which was repeated yesterday, that a number of picked men are determined to break into our house one night this week. I can hardly believe it, but these continued alarms are very disagreeable. I am, gentlemen,

Your most obed^t serv^t, BENJ^N FANEUIL, Jun^r.[46]

PROCEEDINGS OF THE INHABITANTS OF THE TOWN OF BOSTON, ON THE 5^TH & 6^TH NOVEMBER, 1773,

_Referred to by Messrs. Richard Clarke & Sons, & Benj^n Faneuil, Jun^r., in their above mentioned Letters, from the news papers enclosed._

[From the Massachusetts Gazette of Thursday, Nov. 11, 1773.]

The following notification was issued on Thursday last:

The freeholders and other inhabitants of the Town of Boston, qualified as the law directs, are hereby notified to meet at Faneuil Hall, on Friday, the 5^th day of November instant, at ten o'clock in the forenoon, then and there to consider the petition of a number of the inhabitants, setting forth, "that they are justly alarmed at the report that the East India Company, in London, are about shipping a cargo or cargoes of tea into this and the other Colonies, and that they esteem it a political plan of the British administration, whereby they have reason to fear, not only the trade upon which they depend for subsistence, is threatened to be totally destroyed, but what is much more than any thing in life to be dreaded, the tribute laid on the foundation of that article will be fixed and established, and our liberties, for which we have long struggled, will be lost to them and their posterity, and therefore praying that a meeting of the freeholders and other inhabitants, may be immediately called, that so the sense of the matter may be taken, and such steps be pursued as to their safety and well being shall appertain."

By order of the Select men, WILLIAM COOPER, Town Clerk.

Boston, Nov^r 4^th, 1773.

On Friday last there was a very full meeting of the freeholders, and other inhabitants of this town, in Faneuil Hall, agreeable to a notification issued by the Select men, when the Hon'ble John Hancock, Esq^r., was chosen moderator, and the Town, after due deliberation, came into the following resolutions, viz.:

Whereas, it appears by an Act of the British Parliament, passed in the last session, that the East India Company, in London, are by the said Act allowed to export their teas into America in such quantities as the Lords of the Treasury shall think proper. And some persons, with an evil intent to amuse the people, and others thro' inattention to the true design of the Act have so construed the same as that the tribute of three pence on every pound of tea is to be exacted by the detestable task masters here. Upon the due consideration thereof,--

Resolved, That the sense of this Town cannot be better expressed than in the words of certain judicious resolves, lately entered into by our worthy brethren of Philadelphia. Wherefore,

Resolved, That the disposal of their own property is the inherent right of freemen; that there can be no property in that which another can, of right, take from us without our consent; that the claim of Parliament to tax America is, in other words, to claim a right to levy contributions on us at pleasure.

2^d. That the duty imposed by Parliament upon tea landed in America, is a tax upon the Americans, or levying contributions on them without their consent.

3^d. That the express purpose for which the tax is levied on the Americans, namely, for the support of government, administration of justice, and the defence of His Majesty's dominions in America, has a direct tendency to render assemblies useless, and to introduce arbitrary government and slavery.

4^th. That a virtuous and steady opposition to this ministerial plan of governing America is absolutely necessary to preserve even the shadow of liberty, and it is a duty which every free man in America owes to his country, to himself and to his posterity.

5^th. That the resolution lately agreed to by the East India Company, to send out their tea to America, subjected to payment of duties on its being landed here, is an open attempt to enforce the ministerial plan, and a violent attack upon the liberties of America.

6^th. That it is the duty of every American to oppose this attempt.

7^th. That whoever shall, directly or indirectly, countenance this attempt, or in any wise aid or abet in unloading, receiving or vending the tea sent or to be sent out by the East India Company, while it remains subject to the payment of a duty here, is an enemy to America.

8^th. That a committee be immediately chosen to wait on those gentlemen, who, it is reported, are appointed by the East India Company to receive and sell said tea, and request them, from a regard to their own characters, and the peace and good order of this Town and Province, immediately to resign their appointments.

And the following gentlemen, viz., the Moderator, Mr. Henderson Inches, Benjamin Austin, Esq^r., and the Select men of the Town, were appointed a committee accordingly.

At the same time, the Town passed the following resolves, viz.:

Whereas, the merchants of this Continent, did enter into an agreement to withhold the importation of teas until the duty laid thereon mould be repealed, which agreement, as we are informed, has been punctually observed by the respectable merchants in the Southern Colonies, while, by reason of the peculiar circumstances attending the trade of this place, some quantities, tho' very small in proportion to what had been usual before said agreement, have been imported by some of the merchants here. And whereas, it now appears probable to this Town, that the British Administration have taken encouragement, even from such small importations, to grant licenses to the East India Company, as aforesaid, therefore,--

Resolved, That it is the determination of this Town, by all means in their power, to prevent the sale of teas exported by the East India Company, and as the merchants here have generally opposed this measure, it is the just expectation of the inhabitants of this town that no one of them will, upon any pretence whatever, import any tea that shall be liable to pay the duty from this time, and until the Act imposing the same shall be repealed.

GOVERNOR GAGE, THROUGH COL. FENTON, TO SAMUEL ADAMS, 1773.

"Mr. Adams, you have displeased His Majesty, made yourself liable to be sent to England, and tried for treason. Change your political course, you will receive personal advantages, and also make your peace with the King."

_Mr. Adams' Reply:_ "I have long since made my peace with the King of Kings. No personal consideration shall induce me to abandon the righteous cause of my country. Tell Gov. Gage it is the advice of Samuel Adams, to him, no longer to insult the feelings of an already exasperated people."

And then the Town adjourned till three o'clock in the afternoon.

* * * * *

At 3 o'clock, there was again a very full assembly, and the committee reported to the Town that they had waited on Richard Clarke, Esq^r. and Son, and Benjamin Faneuil, Esq^r., said to be factors of the East India Company, and communicated to them the resolve of the Town, whereby they were requested, immediately, to resign their appointment, and that said gentlemen informed the committee, that as Messrs. Thomas & Elisha Hutchinson, (who are also reported to be factors of the said Company,) were at Milton, and not expected in town 'till Saturday evening, and as they chose to consult them, they could not return an answer to the Town 'till Monday morning.

Then another committee was chosen viz., Mr. Samuel Adams, Mr. Wm. Molineux and Dr. Joseph Warren, to acquaint Messrs. Clarke & Faneuil, that as they were not joint factors for the East India Company with the Hutchinson's, it was supposed they could determine for themselves, and therefore it was the expectation of the Town that they return an immediate answer to the message, and this committee reported to the Town that an answer might be expected in half an hour.

A motion was then made that a committee be appointed to repair to Milton, and acquaint Messrs. Thomas and Elisha Hutchinson, with the request of the Town, that they immediately resign their appointment, and John Hancock, Esq^r., Mr. John Pitts, Mr. Samuel Adams, Mr. Samuel Abbott, Dr. Joseph Warren, Mr. Wm. Powell, and Mr. Nath^l Appleton, were appointed for that purpose.

A letter was brought into the hall, signed by Richard Clarke & Son, & Benjamin Faneuil, for himself & Joshua Winslow, Esq^r., and directed to the Moderator, to be communicated to the Town, viz:

"Boston, 5^th Novm^r., 1773.

Sir:

It is impossible for us to comply with the request of the Town, signified to us this day by the committee, as we know not what terms the tea, if any part of it should be sent to our care, will come out on, and what obligations, either of a moral or pecuniary nature, we may be under, to fulfil the trust that may be devolved on us. When we are acquainted with these circumstances, we shall be better qualified to give a definitive answer to the request of the Town.

We are, sir, Your most h'ble serv^ts, RICHARD CLARKE & SON,

BENJAMIN FANEUIL, for self & JOSHUA WINSLOW, Esq^r.

Hon'ble John Hancock, Esq^r.,

Moderator of a Town Meeting, assembled at Faneuil Hall."

This letter was read, and unanimously voted to be not satisfactory to the Town, and then the meeting adjourned 'till the next day, at eleven o'clock, to receive the report of the committee appointed to wait on the Hutchinsons.

* * * * *

The Town met by adjournment, on Saturday, (the meeting still continuing very full,) and the committee reported, that they had seen Mr. Thomas Hutchinson only, (his brother being neither at Milton or Boston,) and that the Town might expect an answer from him immediately.

The following letter was soon after sent in to the Moderator, signed Thomas Hutchinson, which was read, and unanimously voted to be an unsatisfactory answer, viz.:

"Sir:

I know nothing relative to the teas referred to in the request or vote of the Town, except that one of my friends has signified to me by letter, that part of it, he had reason to believe, would be consigned to me and my brother jointly. Under these circumstances, I can give no other answer to the Town at present, than that if the teas should arrive, and we should be appointed factors, we shall then be sufficiently informed to answer the request of the Town. I am, for my brother and self, sir,

Your h'ble serv^t, THOS. HUTCHINSON, Jun^r.

Hon'ble John Hancock, Esq^r., Moderator of a Town Meeting, now assembled.

It was then voted, that the letter, signed Richard Clarke & Son, Benjamin Faneuil, for self and Joshua Winslow, Esq^r., and also the letter signed Thomas Hutchinson, which had been read, were daringly affrontive to the Town, and the meeting was immediately dissolved.

* * * * *

AN ACCOUNT OF TEA IMPORTED AT BOSTON,

_Referred to above, in Mr. Clarke's Letter, from the same._

Mr. DRAPER:

Please to publish the following account of the importation of teas from Great Britain, from the commencement of the year 1768, to the present time, for the information of such of your readers as desire to be acquainted therewith:

Chests. In 1768, 942 by 82 diff^t persons. 1769, 340 33 d^o. 1770, 167 22 d^o. 1771, 890 103 d^o. 1772, 375 70 d^o. 1773, 378 61 d^o.

N.B.--The merchants in London, not having executed the orders for tea this fall, on account of the expected exportation from the East India Company, greatly lessens the quantity of the present year.

Q.

* * * * *

_HALIFAX._

Mr. Michell presents his compliments to Mr. Watson, and by order acquaints him, that the Court of Directors of the East India Company have agreed that the Company's teas, which may be rejected at Boston, and other places in America, should be sent to Halifax, in the manner with which Mr. Watson was acquainted by the Committee, with whom he this day conferred, and Mr. Michell is to desire Mr. Watson will, as soon as may be, name to him the other house here, which is to join in that business, and the other gentleman at Halifax, to be concerned in the agency there with Mr. John Butler, that the necessary dispatch may be given to the advices, to go from hence tomorrow, at 10 in the forenoon, to the plantation office, and be there forwarded to America. He is also to request Mr. Watson, will by that time, convey hither such letters as he intends should go under the Company's cover, by the same dispatch to Halifax, relating to this business

East India House,

Friday evening, 7^th Jan^y, 1774.

* * * * *

Joshua Mauger, Esq^r., Member of Poole, in £10,000. Brook Watson, } Rob^t Rashleigh, } of London, merchants, and in £10,000.

Joint security for the due execution of the commission for the disposal of the Company's teas by John Butler, Esq^r., and Tho^s Cochran, of Halifax.

* * * * *

_NEW YORK._

THE AGENTS OF NEW YORK, THEIR PETITION TO THE GOVERNOR,

_Referred to in their Letter of the 1^st Dec^r._

TO HIS EXCELLENCY WILLIAM TRYON, ESQ^R., CAPTAIN-GENERAL AND GOVERNOR IN CHIEF IN AND OVER THE PROVINCE OF NEW YORK, AND TERRITORIES DEPENDING THEREON, IN AMERICA, CHANCELLOR AND VICE-ADMIRAL OF THE SAME.

_The Memorial of Henry White, Abra^m Lott, & Benj^m Booth, of the City of New York, merchants._

Humbly sheweth:

That your memorialists have, by the last packet, received advices of their being appointed agents by the East India Com^y. for the sale of certain teas by them shipped and daily expected to arrive in this port.

That your memorialists are informed by letter from the Directors of the said Company, that they have given security in double the value of the tea, that a certificate of its being duly landed shall be returned to the custom house, in London.

That as the said tea, on its importation, will be subject to the American duty, and as there is on that account a general and spirited opposition to its being sold, and being well convinced from the nature of the opposition, that so considerable a property of the Company will not be safe unless Government takes it under protection, your memorialists therefore humbly pray that your Excellency will be pleased to direct such steps to be taken for the preservation of the said tea, as your Excellency in your wisdom shall think most conducive to that end.

HENRY WHITE.[47] ABR^M LOTT. BENJ^M BOOTH.

New York, 1st Dec^r., 1773.

* * * * *

_BOSTON._

Proceedings of the inhabitants of the town of Boston, on the 18^th Nov^r., 1773, referred to by the agents in their letter of the 2^d Dec^r., are missing, supposed to be transmitted to Lord Dartmouth.[48]

* * * * *

PETITION OF THE AGENTS, & PROCEEDINGS OF THE COUNCIL OF BOSTON THEREON,

_Referred to by the Agents in their Letter of the 2^d Decem^r._

TO HIS EXCELLENCY THE GOVERNOR AND THE HON'BLE HIS MAJESTY'S COUNCIL.

_The Petition of Rich^d Clarke & Sons, of Benj^n Faneuil, & Tho^s. & Elisha Hutchinson._

That the Hon'ble East India Company, in London, have shipped a considerable quantity of tea for the port of Boston, and as your petitioners are _made_ to understand, will be consigned to their address for sale.

That some of your petitioners have in consequence of this been cruelly insulted in their persons and property; that they have had insulting and incendiary letters left and thrown into their houses in the night; that they have been repeatedly attacked by a large body of men; that one of the houses of your petitioners was assaulted in the night by a tumultuous and riotous assembly of people, and violent attempts made to force the house for the space of two hours, that have greatly damaged the same; that they are threatened in their persons and property, and further with the destruction of the said tea on its arrival into the port; and that the resolves and proceedings of the Town, in their meetings on the 5^th and 18^th inst., are intended to be expressive of the general sense of the Town, to which we beg leave to refer your Excellency and the Honorable Board.

Your petitioners therefore beg leave to resign themselves, and the property committed to their care, to your Excellency and Honors, as the guardians and protectors of the people, humbly praying that measures may be directed to, for the landing and securing the teas, until your petitioners can be at liberty, openly and safely, to dispose of the same, or until they can receive directions from their constituents.

Signed,

RICH^D CLARKE, BENJ^N FANEUIL, Jun^r. THO^S & ELISHA HUTCHINSON.

A true copy from the original.

Petition on file. Attest: Signed, THO^S. FLUCKER, Sec^y.

* * * * *

PROCEEDINGS OF THE COUNCIL THEREON,

_At a Council held at the Council Chamber, in Boston, upon Friday, Nov^r 19, 1773._

Present:

His Excellency Thomas Hutchinson, Esq^r., Governor.

Isaac Royal,[49] } James Bowdoin, } James Pitts, John Erving, } Esq^rs. James Russell, } Esq^rs. Wm. Brattle,[50] } James Otis, } Sam^l Dexter, Esq^rs.

His Excellency represented to the Council the tumults and disorders prevailing in the town of Boston, and required their advice upon measures proper for preserving the peace, and for supporting the authority of Government. Whilst the Council were debating on the subject, a petition from Rich^d Clarke, Benj^n Faneuil, and Messrs. Tho^s. and Elisha Hutchinson, to the Governor and Council was presented, setting forth that the Hon'ble East India Com^y, in London, have ship'd a considerable quantity of tea for the port of Boston, which they are made to understand, will be consigned to their address, for sale, and that some of them have, in consequence of this, been cruelly insulted in their persons and property. They therefore beg leave to resign themselves, and the property committed to their care, to the Governor and Council, as the guardians and protectors of the people, and pray that measures may be directed to, for the landing and securing the teas, until they can be at liberty, openly and safely, to dispose of the same, or until they can receive directions from their constituents. After long debate, it was proposed and agreed that his Excellency be desired to appoint a future day for the Council to sit, and he appointed the 23^d inst., and the Council adjourned the further consideration to that time accordingly.

November 23^d, 1773. Present in Council: His Excellency Tho^s. Hutchinson, Esq^r., Governor.

Isaac Royal, } Esq^rs. James Bowdoin, } James Pitts, John Erving, } James Russell, } Esq^rs. John Winthrop, James Otis, } Esq^rs.

His Excellency directed the Council to proceed in the consideration of the petition of Rich^d Clarke, Esq^r., and others, as entered the 19^th inst., for which purpose he had ordered them to sit at this time, and a debate being had thereupon, it was moved to his Excellency that the Council might sit on a further day, there being only a bare quorum present, to which his Excellency agreed; advised that all those members of the Council who live within 40 miles of the town of Boston be summoned then to attend, which was done accordingly, to meet on Saturday, the 27^th inst.

* * * * *

Novem^r 27^th. Present in Council: His Excellency Tho^s. Hutchinson, Esq^r., Governor.

Samuel Danforth,[51] James Russel, James Humphrey, Isaac Royal, James Pitts, Artemas Ward, John Erving, Samuel Dexter, John Winthrop, Esq^rs. James Bowdoin. George Leonard.

His Excellency, after representing to the Council the disorders prevailing in the town of Boston, recommended to them to proceed on the petition of Rich^d Clarke, and others, relative to those disorders, and required their advice. After a long debate, it was moved to his Excellency that a Com^tee of the Council be appointed to prepare the result of the said debate, to be laid before his Excellency, to which he consented, and James Bowdoin, Sam^l Dexter, and John Winthrop, Esq^rs., were appointed accordingly. Mr. Bowdoin made a report, which was considered and debated by the Council, and it was moved to his Excellency that he would adjourn the Council to a future day for further consideration, and he appointed Monday, the 29^th for that purpose.

Novem^r 29^th, 1773. Present in Council: His Excellency Tho^s. Hutchinson, Esq^r., Governor.

Samuel Danforth, Esq^r. James Bowdoin, Geo. Leonard, Isaac Royal, James Russell, Artemas Ward, John Erving, James Pitts, John Winthrop, Samuel Dexter, Esq^rs.