Chapter 18

His Excellency directed that the Council proceed upon the business for which it stands adjourned. After debate upon the report of the Com^tee the question whether it should be accepted was put, which passed unanimously in the affirmative as the advice of the Council to his Excellency, in the words following, viz.:

Previous to the consideration of the petition before the Board, they would make a few observations occasioned by the subject of it. The situation of things between Great Britain and the Colonies has been for some years past very unhappy. Parliament, on the one hand, has been taxing the Colonies, and they, on the other hand, have been petitioning and remonstrating against it, apprehending they have constitutionally an exclusive right of taxing themselves, and that without such a right, their condition would be but little better than slavery.

Possessed of these sentiments, every new measure of Parliament tending to establish and confirm a tax on them renews and increases their distress, and it is particularly encreased by the Act lately made, empowering the East India Company to ship their tea to America. This Act, in a commercial view, they think introductive of monopolies, and tending to bring on them the extensive evils thence arising. But their great objection to it is from its being manifestly intended (tho' that intention is not expressed therein,) more effectually to secure the payment of the duty on tea, laid by an Act of Parliament passed in the 7^th year of his present Majesty, entitled, "An Act for granting certain duties in the British colonies and plantations in America," which Act in its operation deprives the colonists of the right above mentioned (the exclusive right of taxing themselves), which they hold to be so essential a one that it cannot be taken away or given up, without their being degraded, or degrading themselves below the character of men.

It not only deprives them of that right, but enacts that the monies arising from the duties granted by it may be applied "as his Majesty or his successors shall think proper or necessary for defraying the charges of the administration of justice and the support of the civil government, in all or any of the said colonies or plantations."

This clause of the Act has already operated in some of the colonies, and in this colony in particular, with regard to the support of civil government, and thereby has operated in diminution of its charter rights to the great grief of the good people of it, who have been and still are greatly alarmed by repeated reports, that it is to have a further operation with respect to the defraying the charge of the administration of justice, which would not only be a further diminution of those rights, but tend in all constitutional questions, and in many other cases of importance to bias the judges against the subject. They humbly rely on the justice and goodness of his Majesty for the restitution and preservation of those rights.

This short statement of facts the board thought it necessary to be given to shew the cause of the present great uneasiness which is not confined to this neighbourhood, but is general and extensive. The people think their exclusive right of taxing themselves by their representatives, infringed and violated by the Act above mentioned. That the new Act empowering the East India Company to import their tea into America confirms that violation, and is a new effort, not only more effectually to secure the payment of the tea duty, but lay a foundation for enhancing it, and in a like way, if this should succeed, to lay other taxes on America. That it is in its attendants and consequences ruinous to the liberties and properties of themselves and their posterity; that as their numerous petitions for relief have been rejected, the said New Act demonstrates an indisposition in ministry that Parliament should grant them relief; that this is the source of their distress, a distress that borders upon dispair, and that they know not where to apply for relief.

These being the sentiments of the people, it is become the indispensible duty of this Board to mention them that the occasion of the late demands on Mr. Clarke and others, the agents of the East India Company, and of the consequent disturbances, the authors of which we have advised should be prosecuted, but to give a just idea of the rise of them.

On this occasion, justice impels us to declare that the people of this Town and Province, tho' they have a high sense of liberty derived from the manners, the example and constitution of the mother country, have, 'till the late parliamentary taxation of the Colonies, been as free from disturbances as any people whatever.

This representation the Board thought necessary to be made prior to their taking notice of the petition of the agents above mentioned, to the consideration of which they now proceed.

The petitioners beg leave "to resign themselves, and the property committed to their care, to his Excellency and the Board, as guardians and protectors of the people, praying that measures may be directed to for the landing and securing the tea," &c.

With regard to the personal protection of the petitioners, the Board have not been informed that they have applied for it to any of the justices of the peace, they being vested by law with all the authority necessary for the protection of his Majesty's subjects. In the principal instance of abuse of which they complain, the Board have already advised that the authors of it should be prosecuted according to law, and they do advise the same in the other instances mentioned in their petition.

With regard to the tea committed to the care of the petitioners, the Board have no authority to take either that or any other merchandize out of their care, and should they do it, or give any order or advice concerning it, and a loss ensue, they apprehend they should make themselves responsible for it. With respect to the prayer of the petition, that measures may be directed to "for the landing and securing the tea," the Board would observe on it, that the duty on the tea becomes payable, and must be paid or secured to be paid on its being landed, and should they direct or advise to any measure for landing it, that would of course advise to a measure for procuring the payment of the duty, and therefore by advising to a measure inconsistent with the declared sentiment of both houses in the last winter session of the General Court, which they apprehend to be altogether inexpedient and improper.

The Board, however, on this occasion assure your Excellency that as they have seen, with regret, some late disturbances, and have advised to the prosecuting the authors of them, so they will in all legal methods endeavor to the utmost of their power to prevent them in future.

Whereupon advised that his Excellency renew his orders to his majesty's justices of the peace, sheriffs, and other peace officers, to exert themselves to the utmost for the security of his Majesty's subjects; the preservation of peace and good order, and for preventing all offences against the laws.

His Excellency thereupon demanded of the Council whether they would give him no advise upon the disorders then prevailing in the town of Boston, and it was answered in general that the advise already given was intended for that purpose.

A true copy from the minutes of the Council.

Attest: THO^S. FLUCKER, Sec^y.

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PROCEEDINGS OF THE TOWN OF BOSTON ON THE 29^TH & 30^TH NOVEMB^R, 1773,

_Referred to by the Agents there, in their Letter of the 2^d December, 1773._

At a meeting of the people of Boston and the neighbouring towns, in Faneuil Hall, in said Boston, on Monday, 29^th Novem^r, 1773, nine o'clock, A.M., and continued by adjournment to the next day, for the purpose of consulting, advising, and determining upon the most proper and effectual method to prevent the unloading, receiving or vending the detestable tea sent out by the East India Company, part of which being just arrived in this harbour, in order to proceed with due regularity, it was moved that a moderator be chosen, and Jonathan Williams, Esq^r., was then chosen moderator of the meeting.

A motion was made, that as the Town of Boston had determined, at a late meeting, legally assembled, that they would, to the utmost of their power, prevent the landing of the tea, the question being put whether this body be absolutely determined that the tea now arrived, in Cap^t. Hall's ship, shall be returned to the place from whence it came, at all events, and the question being accordingly put, it passed in the affirmative, _nem. con._

It appearing that the hall could not contain the people assembled, it was voted that the meeting be immediately adjourned to the Old South meeting-house, leave having been obtained for this purpose.

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The people met at the Old South, according to adjournment.

A motion was made, and the question put, viz.: Whether it is the firm resolution of this body, that the tea shall not only be sent back, but that no duty shall be paid thereon, and passed in the affirmative, _nem. con._

It was moved, that in order to give time to the consignees to consider and deliberate before they sent in proposals to this body, as they had given reason to expect would have been done at the opening of the meeting, there might be an adjournment to 3 o'clock, P.M., and the meeting was accordingly adjourned for that purpose.

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Three o'clock, P.M. Met according to adjournment.

A motion was made whether the tea now arrived in Cap^t Hall's ship, shall be sent back in the same bottom. Passed in the affirmative, _nem. con._

Mr. Rotch, the owner of the vessel, being present, informed that body that he should enter his protest against their proceedings.

It was then moved and voted, _nem. con.,_ that Mr. Rotch be directed not to enter this tea, and that the doing of it will be at his peril.

Also voted, that Cap^t. Hall, the master of the ship, be informed that, at his peril, he is not to suffer any of the tea brought by him, to be landed.

A motion was made, that in order for the security of Cap^t. Hall's ship and cargo, a watch may be appointed, and it was voted that a watch be accordingly appointed, to consist of 25 men.

Cap^t. Edward Proctor was appointed by the body to be cap^t. of the watch for this night, and the names were given in to the moderator of the townsmen who were volunteers upon the occasion.

It having been observed to the body that Governor Hutchinson had required the justices of the peace in this town to meet and use their endeavours to suppress any routs, or riots, &c., of the people, that might happen, it was moved and the question put, whether it be not the sense of this meeting that the Governor's conduct herein carries a designed reflection upon the people here met, and is solely calculated to serve the views of administration. Passed in the affirmative, _nem. con._

The people being informed by Colonel Hancock that Mr. Copley, son-in-law to Mr. Clarke, sen^r., had acquainted him that the tea consignees did not receive their letters from London 'till last evening, and were so dispersed that they could not have a joint meeting early enough to make their proposals at the time intended, and therefore are desirous of a further space for that purpose.

[It is necessary to note that Mr. Copley, and some others, our friends informing us, that to prevent immediate outrage, it was necessary for us to send something in writing to the Select men, which we then did, absolutely refusing to do what they had before informed us the people expected; but Mr. Copley, on his return to town, fearing the most dreadful consequences, thought best not to deliver our letter to the Select men, he returned to us at night representing this. We then wrote the letter you see printed in this paper.]

The meeting, out of great tenderness to these persons, and from a strong desire to bring this matter to a conclusion, notwithstanding the time they had hitherto expended upon them, to no purpose, were prevailed upon to adjourn to the next morning, 9 o'clock.

Thursday morning, nine o'clock.

Met according to adjournment.

The long-expected proposals were at length brought into this meeting, not directed to the moderator, but to John Scollay, Esq^r., one of the Select men. It was, however, voted that the same should be read, and they were, as follows, viz.:

"Monday, Nov^r 29^th, 1773.

Sir:

We are sorry that we could not return to the Town satisfactory answers to their two late messages to us respecting the teas. We beg leave to acquaint the gentlemen, Select men, that we have since received our orders from the Hon'ble East India Com^y.

We still retain a disposition to do all in our power to give satisfaction to the Town; but, as we understood from you and the other gentlemen, Select men, at Messrs. Clarke's interview with you last Saturday, that this can be effected by nothing less than our sending back the teas, we beg leave to say that this is utterly out of our power to do, but we do now declare to you our readiness to store the teas until we shall have an opportunity of writing to our constituents, and shall receive their further orders respecting them, and we do most sincerely wish that the Town, considering the unexpected difficulties devolved upon us, will be satisfied with what we now offer. We are, sir,

Your most humble servants,

THO^S. & ELISHA HUTCHINSON.[52] BENJ^N FANEUIL, Jun^r., for self and JOSHUA WINSLOW, Esq^r., RICHARD CLARKE & SONS.

To John Scollay, Esq^r."

Mr. Sheriff Greenleaf came into the meeting, and begged leave of the moderator that a letter, he had received from the Governor, requiring him to read a proclamation to the people here assembled, might be read, and it was accordingly read.

Whereupon it was moved, and the question put, whether the sheriff should be permitted to read the proclamation, which passed in the affirmative, _nem. con._

The proclamation is as follows, viz.:

"Massachusetts Bay. By the Governor.

_To Jonathan Williams, Esq^r., acting as Moderator of an assembly of people, in the Town of Boston, and to the people so assembled:_

Whereas, printed notifications were on Monday, the 29^th inst., posted in divers places in the town of Boston, and published in the news papers of this day, calling upon the people to assemble together for certain unlawful purposes, in such notifications mentioned; and whereas, great numbers of persons belonging to the town of Boston, and divers others belonging to several other towns in the Province, did assemble in the said town of Boston, on the said day, and did then and there proceed to chuse a moderator, and to consult, debate, and resolve upon ways and means for carrying such unlawful purposes into execution, openly violating, defying and setting at naught the good and wholesome laws of the Province, and the constitution of government under which they live; and whereas, the people thus assembled, did vote or agree to adjourn, or continue their meeting to this the 30^th inst., and great numbers of them are again met or assembled together for the like purpose, in the said town of Boston:

In faithfulness to my trust, and as his Majesty's representative within the Province, I am bound to bear testimony against this violation of the laws, and I warn and exhort you and require you, and each of you thus unlawfully assembled forthwith, to disperse and to surcease all further unlawful proceedings at your utmost peril.

Given under my hand, at Milton, in the Province aforesaid, the 30^th day of Nov^r., 1773, and in the fourteenth year of his Majesty's reign.

T. HUTCHINSON.

By his Excellency's command. THO^S. FLUCKER, Sec^y."

And the same being read by the sheriff,[53] there was, immediately after, a loud and very general hiss.

A motion was then made, and the question put whether the assembly would disperse and surcease all further proceedings, according to the Governor's requirement. It passed in the neg^e, _nem. con._

A proposal of Mr. Copley was made, that in case he could prevail with the Messrs. Clarkes to come into this meeting, the question might now be put, whether they should be treated with civility while in the meeting, though they might be of different sentiments with this body, and their persons be safe, until their return to the place from whence they should come. And the question being accordingly put, passed in the affirmative, _nem. con._

Another motion of Mr. Copley's was put, whether two hours shall be given him, which also passed in the affirmative.

Adjourned 'till two o'clock, P.M.

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Two o'clock, P.M. Met according to adjournment. A motion was made and passed, that Mr. Rotch and Capt^n Hall be desired to give their attendance. Mr. Rotch appeared, and upon a motion made, the question was put, whether it is the firm resolution of this body, that the tea brought by Capt^n Hall shall be returned by Mr. Rotch to England, in the bottom in which it came, and whether they accordingly now require the same, which passed in the affirmative, _nem. con._

Mr. Rotch then informed the meeting, that he should protest against the whole proceedings, as he had done against the proceedings on yesterday, but that, tho' the returning the tea is an act in him, he yet considers himself as under a necessity to do it, and shall therefore comply with the requirement of this body.

Captain Hall being present, was forbid to aid or assist in unloading the teas at his peril, and ordered, that if he continues master of the vessel, he carry the same back to London, who replied, he should comply with these requirements.

Upon a motion, resolved, that John Rowe, Esq^r., owner of part of Cap^t. Bruce's ship, expected with tea, as also Mr. Timmins, factor for Cap^t. Coffin's brig, be desired to attend.

Mr. Ezekiel Cheever was appointed captain of the watch for this night, and a sufficient number of volunteers gave in their names for that service.

Voted, that the captain of this watch be desired to make out a list of the watch for the next night, and so each captain of the watch for the following nights, until the vessels leave the harbour.

Upon a motion made, voted, that in case it should happen that the watch should be any ways molested in the night, while on duty, they give the alarm to the inhabitants by the tolling of the bells, and that if any thing happens in the day time, the alarm be by ringing of the bells.

Voted, that six persons be appointed, to be in readiness, to give due notice to the country towns, when they shall be required so to do, upon any important occasion, and six persons were accordingly chosen for that purpose.

John Rowe, Esq^r., attended, and was informed that Mr. Rotch had engaged, that his vessel should carry back the tea she brought, in the same bottom, and that it was the expectation of this body that he does the same by the tea, expected in Cap^t. Bruce, whereupon he replied, that the ship was under the care of the said master, but that he would use his utmost endeavor, that it should go back as required by this body, and that he would give immediate advice of the arrival of said ship.

Voted, that it is the sense of this body, that Cap^t. Bruce shall, on his arrival, strictly conform to the votes passed respecting Cap^t. Hall's vessel, as they had all been passed in reference to Cap^t. Bruce's ship.

Mr. Timmins appeared and informed, that Cap^t. Coffin's brig, expected with tea, was owned in Nantucket. He gave his word of honor that no tea should be landed while she was under his care, nor touched by any one, until the owner's arrival.

It was then voted, that what Mr. Rowe and Mr. Timmins had offered, was satisfactory to the body.

Mr. Copley[54] returned, and acquainted the body, that as he had been obliged to go to the castle, he hoped that if he had exceeded the time allowed him, they would consider the difficulty of a passage by water at this season, as an apology. He then further acquainted the body, that he had seen all the consignees, and though he had convinced them that they might attend this meeting with safety, and had used his utmost endeavors to prevail on them to give satisfaction to the body, they acquainted him, that believing nothing would be satisfactory short of reshipping the tea, which was out of their power, they thought it best not to appear, but would renew their proposal of storing the tea, and submitting the same to the inspection of a committee, and that they could go no further without incurring their own ruin; but as they had not been active in introducing the tea, they should do nothing to obstruct the people in their procedure with the same.

It was then moved, and the question put whether the return made by Mr. Copley from the consignees be in the least degree satisfactory to this body. It passed in the negative, _nem. con._

Whereas, a number of merchants in this Province have inadvertently imported tea from Great Britain, while it is subject to the payment of a duty, imposed upon it by an Act of Parliament, for the purpose of raising a revenue in America, and appropriating the same, without the consent of those who are required to pay it, Resolved, that in thus importing said tea, they have justly incurred the displeasure of our brethren in the other Colonies.

And resolved further, that if any person or persons shall hereafter import tea from Great Britain, shall take the same on board, to be imported to this place, until the said unrighteous Act shall be repealed, he or they shall be deemed by this body an enemy to his country, and we will prevent the landing and sale of the same, and the payment of any duty thereon, and we will effect the return thereof to the place from whence it shall come.

Resolved, that the foregoing vote be printed and sent to England, and all the sea ports in this Province.

Upon a motion made, voted that fair copies be taken of the whole proceedings of this meeting, and transmitted to New York and Philadelphia, and that Mr. Samuel Adams, Hon'ble John Hancock, Esq^r., William Phillips, Esq^r., John Rowe, Esq^r., Jonathan Williams, Esq^r., be a committee to transmit the same.

Voted, That it is the determination of this body to carry their votes and resolutions into execution, at the risque of their lives and property.

Voted, That the committee of correspondence for this town be desired to take care, that every other vessel with tea that arrives in this harbour, have a proper watch appointed for her; also,

Voted, That those persons who are desirous of making a part of these nightly watches, be desired to give in their names at Messrs. Edes & Gill's printing office.

Voted, That our brethren in the country be desired to afford their assistance upon the first notice given, especially if such notice be given upon the arrival of Capt^n Loring, in Mr. Clarke's brigantine.

Voted, That those of this body who belong to the town of Boston, do return their thanks to their brethren who have come from the neighbouring towns, for their countenance and union with this body, in this exigence of our affairs.

Voted, That the thanks of this meeting be given to Jonathan Williams, Esq^r., for his good services as moderator.

Voted, That this meeting be dissolved, and it was accordingly dissolved.

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LETTER ADDRESSED TO GEO. DUDLEY, ESQ^R.,

_Enclosing 3 news papers and an advertisement, in the name of the people, threatening vengeance on those who favored the tea scheme._

Sir: