136

USAGES OF THE GREAT POWERS. CH. XVII.

could not prefer the shadow of a claim. Three of the great powers of Europe, in 1772, confiscated and apportioned among themselves part of another state. Five great sovereigns, in 1815, constituting themselves trustees of the balance of power, and conservators of the public peace, assumed the right to confiscate and apportion among themselves and others the whole territory of Europe. These arbitrary arrangements were made without consulting, and for the most part against, the will of the different people and governments which they affected. The dispositions then made, as well as the motives of the high contracting powers, have been freely criticised; but since the Treaty of Westphalia, the right or usage of the great powers to assemble in Congress from time to time, or on fitting occasions, to adjust the balance of Europe, has been fully recognised. It may be argued, that the partition of Poland in 1772 was a very different thing from the partition of Saxony, and the annexation of Norway and Sweden, by the Treaty of Vienna. I will not pause to examine the soundness of such a distinction; my only object has been to show, that whatever opprobrium may attach to the parties immediately engaged in the Treaty of 1772, England would not have been justified by any consideration of policy in departing from the rule of non-intervention on that occasion; and that she cannot consistently either with the policy to which she has been a party in conjunction with the other leading powers, or with the policy which she has independently pursued up to the present time, pronounce an unqualified censure on the transaction of 1772.

1773. SUCCESSFUL RESISTANCE OF PEOPLE OF BOSTON. 137

CHAPTER XVIII.

THE TEA ACT-SUCCESSFUL RESISTANCE OF THE PEOPLE OF BOSTONDISCLOSURE OF THE CORRESPONDENCE BETWEEN WHATELY AND HUTCHINSON-PROCEEDINGS BEFORE THE PRIVY COUNCIL-ARBITRARY ACTS OF PARLIAMENT-MEETING OF THE GENERAL CONGRESS.

THE breach between England and her American dependencies, which had been widening year by year, was now rapidly advancing to an open rupture.

Differences with

colonies.

The party opposed to the imperial pretensions of the parent state, had, by their courage and constancy, as well as by the vigilance and the American address with which they took advantage of the mistakes of the Home Government, converted a partial remonstrance against a particular grievance into a patriotic demonstration against foreign rule. It was entirely owing to the incessant and skilful agitation of the popular leaders that the faint idea of national independence, which existed at the commencement of the quarrel, was fostered and developed until it became irresistible.

Government.

After the bloodshed at Boston in 1770, nothing occurred for nearly three years to increase Imprudent the quarrel between England and her conduct of the colonies. Commercial intercourse being suspended, the obnoxious Customs Laws were dormant, and political agitation had consequently subsided throughout the disturbed provinces. An administration capable of learning a lesson from experience, and endowed with any forecast or wisdom, would have taken advantage of an interval so propitious for the settlement of this painful question.

138 DISSATISFIED STATE OF AMERICAN COLONIES. CH. XVIII.

Had North been a real minister, his natural moderation and good sense would probably have dictated the policy of withdrawing at once and absolutely from a conflict which threatened to dismember the Empire, and in which neither the interests nor the honour of the country were involved. But, with all his ability and knowledge of affairs, in which he far surpassed his contemporaries-excepting, of course, Chatham, who stands aloft beyond the sphere of comparison— Lord North, from his fatal indolence and facility of disposition, became the mere agent of the King, who was the real head of the responsible Government, and the sole dictator of its policy. To compel the submission of his American subjects, by any means, was the fixed determination of George the Third; and, unhappily, in this instance, the obstinate pride of the English people coincided with that of their Sovereign.

Attempt to revive the

Customs duties.

An occasion for the renewal of the old quarrel between England and America was supplied by an attempt on the part of the Imperial Parliament to revive the operation of the Colonial Customs duties. This was done by a measure beneficial in itself to the colonies; but when was a people engaged in a generous struggle for freedom diverted by an insidious attempt to practise on their selfish interests? Such a design was calculated still more to inflame their zeal, and, accordingly, it was defeated with scorn and indignation by the American patriots.

Exports of

The East India Company, having laboured for several years under financial difficulties, tea to Boston. had at length been obliged to appeal to the Government for aid. One expedient for the relief of the Company was to force a market for their principal commodity, tea, of which they had a great quantity in stock, by repealing the export duty; and, as the Colonial Customs duty was much less than

1773.

TEA THROWN OVERBOARD AT BOSTON.

139

that which was levied at the British port, it was thought that such a reduction in the price of this important article as would be effected by the drawback must prove at once acceptable to the American consumer and beneficial to the Company. The proposal, however, touching, as it immediately did, the tender point in the relations between Great Britain and her dependencies, was received with renewed demonstrations of hostility and resentment by the Americans. The people on the sea-board took measures to prevent the landing of a commodity which was to be branded with the obnoxious impost; and the arrival of the ships bearing these odious cargoes was eagerly expected. Three of the tea ships entered the port of Boston; they were boarded by the insurgents, and the cargoes were thrown into the sea; but no other damage was done, nor was any violence offered to the ships' companies. No further attempt was made to land any portion of the large consignment of tea which had been shipped under the recent act of Parliament.

The question of taxation was virtually settled by this signal failure to enforce the law, or rather by the absence of any attempt to protect the property of merchants, who had made their ventures by the express authority, if not at the instance of the English Government. But the dispute was no longer a mere matter of Customs duties. The vigilance and address of the party which was bent on achieving the independence of their country, readily took advantage of any cause of offence, real or imaginary, accidental or designed, to inflame the irritation of the provinces. While the English tea ships were being expelled from the ports of North America, a proceeding was taking place in England calculated to exasperate the colonists even more than the attempt to tax them without their consent.

Hutchinson and Oliver, the Governor and Lieu

140

Betrayal of private corre

GOVERNOR OF MASSACHUSETTS.

CH. XVIII.

tenant-Governor of Massachusetts, had, it seemed, at one period of the American disturbances, occasionally corresponded with Whately, spondence. the private secretary and confidential friend of Grenville. These letters, written by friends and gentlemen, entirely free from reserve, and naturally communicative upon the one topic of paramount interest, expressed opinions favourable to the assertion of its authority by the English Government. There can be no reasonable doubt that the letters were shown, and were intended to be shown, to Grenville and other persons of political mark in this country. Nor does it make any material difference, that, at the time when they bear date, neither the American nor the English statesmen were under the responsibility of political office; for though Grenville was only a private member of Parliament, he exercised that influence and authority which belong to a member of Parliament who has guided its deliberations, and directed the councils of the nation. Hutchinson,

also, though only Chief Justice, was notoriously designated as the successor of Barnard in the government of Massachusetts. The opinions of a native colonist, highly reputed for ability, candour, and knowledge of his countrymen, could not fail to have great weight with English statesmen, imperfectly informed as to the real character and extent of the American commotion, and willing to uphold, if possible, the ascendancy of Great Britain.

Dr. Franklin implicated.

It was then, and still is, the practice of the American and West Indian colonies to maintain semi-diplomatic agencies in this country, partly for commercial, and partly for political purposes. Franklin was at this time agent for Massachusetts. During his long residence in this country, Franklin had maintained a moderation on the subject of the dispute between the English Government and his countrymen, which might have been expected