if unpliable. Their resolution not being returned within six days of the last part of the information, the governor sent them word he could wait no longer, which hastened the business in which they were engaged.

[30.] A committee of the house reported a letter to Lord Hillsborough, setting forth the several votes and resolutions which passed in the last house of representatives, relating to the circular letter; and showing that the whole of these matters was transacted in the height of the cession in a full house, and by a large majority. The letter was approved of by 93 out of 105 members present, and ordered to be transmitted to his lordship. The house agreed also upon a message to the governor, in which they said, "It is to us incomprehensible that we should be required, on the peril of a dissolution of the general court, to rescind a resolution of a former house, when it is evident, that that resolution has no existence but as a merc historical fact. Your excellency must know, that the resolution is, to speak in the language of the common law, not now executory, but to all intents and purposes executed. If, as is most probable, by the word rescinding is intended the passing a vote, in direct and express disapprobation of the measure taken by the former house as illegal, inflammatory, and tending to promote unjustifiable combinations against his majesty's peace, crown and dignity, we must take the liberty to testify and publicly declare, that we take it to be the native, inherent, and indefeasible right of the subject, jointly or severally, to petition the king for the redress of grievances; provided alway, that the same be done in a decent, dutiful, loyal and constitutional way, without tumult, disorder and confusion. -If the votes of the house are to be controuled by the direction of a minister, we have left us but a vain semblance of liberty.We have now only to inform you, that this house have voted not to rescind, and that on a division on the question, there were ninety-two nays, and seventeen yeas." The message was firm, patriotic, and spirited; and in some parts allusively severe upon the governor, but every where decently expressed. The rescinders were governmental receivers or expectants. They had, or looked for a reward for their crouching compliance. The next day [July 1.] the governor passed some necessary acts, and then dis solved the assembly. It is scarce conceivable how a new assembly of representatives could think themselves capable of being more grossly insulted, than by being made accountable for tha proceedings of a dissolved and dead one, and by being punished with immediate destruction for not declaring themselves of opposite sentiments to their predecessors. Mr. Otis, in his speech against rescinding, said, "When Lord Hillsborough knows that.

we

we will not rescind our acts, he should apply to parliament to rescind theirs. Let Britain rescind their measures or they are lost for ever." His speech, by the patriotic enthusiasts was extolled to the skies; and by the governmental ones, was declared to be the most violent, insolent, abusive, treasonable declamation, that perhaps ever was delivered. While the matter of rescinding was under consideration, the house received an answer from Virginia, and one from New-Jersey, which, though not so very high as the other, was far from being unfavorable. They had also intelligence that they might expect the like from other assemblies: these circumstances probably increased the majority against rescinding. Had it not been for the mandate to rescind, the sessions might have terminated prosperously and peaceably; for Mr. Otis, though he had distinguished himself by carrying the objections to the authority of parliament to the greatest length, had retracted all his former opinions, in a set specch at the opening of it. He said, he had fully informed himself of the relation between Great-Britain and her colonies; and was convinced that the power of parliament over her colonies was absolute, with this qualification, that they ought not to tax them until they allowed them to send representatives; and that if the colonies had representatives, the power of parliament would be as perfect in America as in England. He then argued for an American representation. This surprised the assembly, and induced a member on the side of government to charge the opposition with the intention of making an American representation necessary, by denying the authority of parliament over them because not represented. The answers of the other party were thought to strengthen the suspicion. Upon which Mr. Timothy Ruggles pointedly said, that as they were determined to have representatives, he begged leave to recommend to them a merchant who would undertake to carry their representatives to England for half what they would sell for when they arrived there. But the best argument to have silenced any of the opposition, who might interestedly hanker after an American representation, would have been to have repeated the resolve of the house on the 29th of October, 1765-"A representation in parliament of the inhabitants of the province, such as the subjects in Britain actually enjoy, is impracticable for the subjects in America." The day before lord Hillsborough wrote to Mr. Bernard upon the business of rescinding, a circular letter was written to the governors of the respective provinces, to accompany a copy of that of the Massachusetts, in which his lordship said, "It is his majesty's pleasure, that you should immediately, on the receipt hereof, exert your utmost influence to defeat this flagitious attempt to

disturb

disturb the public peace, by prevailing upon the assembly of your province to take no notice of it, which will be treating it with the contempt it deserves." He then added a closing paragraph meant to influence the assemblies into a compliance. The circular letter was in some instances received in time, but produced a very different effect from what was intended. The New-York assembly had felt the weight of the parliament's high displeasure, and been bereaved of legislative power till they should comply with the billeting act. In the beginning of the year they voted the sum wanted to the general, for the purchase of salt, pepper and vinegar, instead of passing an act conformable to the parliament's act, which vote was accepted. But when they met at the close of the year, after having completed a petition to his majesty, another to the lords, and a remonstrance to the commons, they proceeded to consider the circular letters from the assemblies of Massachusetts-Bay and Virginia, and unanimously agreed to answer them in the most respectful manner. They then entered into some very spirited resolves in favor of liberty, and the rights of their constituents; and appointed a committee to correspond and consult with any other his majesty's subjects out of the colony, either individually or collectively, on any matter or thing whatsoever, whereby the rights or privileges of the house or its constituents might be affected. These doings occasioned their being dissolved.

We are now entering upon another interesting period.

It had been the common practice for the tide-waiter, upon the arrival of a vessel, to repair to the cabin, and there to remain, drinking punch with the master, while the sailors and others upon deck were employed in landing the wines, molasses, or other dutiable goods. The commissioners of the customs were determined that the laws of trade should be executed.

Upon the arrival of Mr. Hancock's sloop Liberty, Nathaniel Bernard, master, from Madeira, the tidesman, Thomas Kirk, went on board in the afternoon. Captain Marshall, in Mr. Hancock's employ, followed; and about nine in the evening, made several proposals to Kirk, which being rejected, captain Marshall, with five or six others, laid hold of, overpowered, and confined him below for three hours, in which time the wine was taken out, before entry had been made at the custom-house or naval office. Marshall threatened Kirk in case of discovery. The captain wrought so hard in unloading the sloop, that his sudden death, that night, while in bed, before assistance could be obtained, was generally believed to have been owing to some injury received from his uncommon exertions. The next morning the master entered, as it is said, four or five pipes, and swore

that

that was the whole of his cargo. It was resolved to seize the sloop for a false entry's being made; though it was thought by many that no one would undertake the business.

[June 10.] Mr. Joseph Harrison, the collector, and Mr. Benjamin Hallowell, the comptroller, repaired to Hancock's wharf. Mr. Harrison objected to the unseasonableness of the time, being between six and seven, when the lower class of people were returning from their day labour. The seizure however was made before sun-set, so as to be perfectly legal. Mr. Harrison thought the sloop might lie at the wharf, after clapping the broad arrow upon her; but Mr. Hallowell judged it would be best to move her under the guns of the Romney, and made signal for her boats to come ashore. The people upon the wharf cried out, "There is no occasion, she will lie safe, and no officer has a right to rcmove her;" but the master of the man of war cut her moorings and carried her off. Every mean was used to interrupt the offcers in the execution of their business, and numbers swore that they would be revenged. A mob was soon collected, which increased to a thousand or two, chiefly of sturdy boys and negroes. The minds of the people were inflamed by the seizure and removal of the vessel. They had been before irritated by the captain of the man of war's pressing some seamen belonging to the town; add to that; their aversion to the board of commissioners, the popularity of the owner, and the name of the sloop-these of course excited their resentments, and wrought them up into a combustible body. Captain Malcolm, who was deeply engaged in running the wines, headed a number of men after the seizure, and was very active in attempting to prevent the sloop's being removed. Mr. Harrison was pelted with stones, bricks, and dirt, and received several blows with sticks, particularly one on the breast, so that it was with difficulty he could keep from falling; he was afterward confined to his bed from the injuries he had received. Mr. Hallowell, Mr. Irving, inspector of imports and exports, and the collector's son were sharers in the treatment. They all escaped with the utmost hazard of their lives. Mr. Hallowell was confined to his house under the care of a surgeon from wounds and bruises. Mr. Richard Harrison, the collector's son, was thrown down, dragged by the hair of his head, and otherwise treated barbarously. Mr. Irving was been with clubs and sticks; had his sword broken to pieces, and received a few slight wounds. The mob proceeded to the houses of the collector and comptroller, broke their windows, and those of Mr. Williams, inspector general, then dragged the collector's boat through the town, and burnt it on the common. This was on Friday evening. Saturday and Sunday evenings are sacred; and

the

the commissioners Hulton, Burch, Parton and Robinson, esqrs. remained pretty easy; during the outrages, to avoid insults, they retired from their own to neighbours houses. But receiving information that further riots were intended, and the governor telling them he could not protect them, and that there would be no safety for them in Boston, considering the temper of the people; on Monday morning early, they sent a card to the governor, to let him know that they were going on board the Romney, and desired his orders for their reception at the castle, which he readily gave. They repaired first on board the man of war, and then proceded from thence to the castle. The collector and comptroller, and most of the other officers of the customs withdrew, cither then or afterward. [13.] On the Monday morning large numbers of people were gathered together, and to appearance regularly formed into parties, under their different leaders, in several parts of the town. If they meant any thing against the commissioners, they were disappointed by their having withdrawn. In the afternoon printed tickets were put up, notifying a meeting of the sons of liberty the next day at ten o'clock. This prevented all mischief in the evening. [14.] At the appointed time, thousands of the lower class met; but the day being rainy, numbers adjourned to Faneuil-hall, and there agreed to send the constables about to notify a legal town meeting for the afternoon. Little else was done at this meeting, but the appointing a committee to wait upon the governor with a pctition, the receiving his answer, writing a letter to a friend, and voting such instructions as they thought proper to their representatives. The common talk was that the removal of the sloop was an affront to the town, as it contained an insinuation, that she would not have been safe if left at the wharf in custody of a custom-house officer. It was asserted, and very truely, that there had been no rescue lately; but an invincible reason existed for it, as no seizure had been lately made. When captain Malcolm, more that a year and a half back, opposed in an armed manner, the officers attempting to search his house, such a number of people assembled about it, when he had got the officers out and shut his gates against them, that they were glad to retreat without doing their business. This defiance the of law passed unnoticed and unpunished, so that the officers never afterward attempted to make a seizure, although informations were not wanting, until the present time, when they were ordered by their superiAbout a month after, a schooner was seized for having thirty hogsheads of molasses on board, and was left at the wharf in custody of two custom-house officers. July the cighth at night, thirty men boarded her, confined the officers to the cabin, and

ors.

carried