No. 316. Letter from Governor Hutchinson to Earl of Dartmouth, Boston, 28th January, 1774.

It appears to the Committee, that on the 25th of January a great number of rioters in the town of Boston, committed a most inhuman act of violence upon the person of John Malcolm, a preventive officer for the port of Falmouth, in Casco Bay, who had lately seized a vessel in that port for want of a register; no complaint of irregularity was made against him, but it was thought proper by the above rioters to punish him by tarring and feathering him, (but without stripping him,) and carrying him about in derision. This unfortunate man having afterwards been frequently hooted at in the streets, was provoked on the 25th, by a tradesman, who, be alleged, had several times before affronted him, to strike him with his cane; in consequence of which a warrant was issued against him, but the constable not being able to find him, a mob gathered about his house in the evening, and having broke his windows, he pushed through the broken window with his sword, and gave a slight scratch to one of the assailants; soon after which the mob entered his house, lowered him by a rope from an upper chamber into a cart, tore his clothes off, tarred his head and body, feathered him, and dragged him through the main street into King Street, from thence to Liberty Tree, and from thence to The Neck, as far as the gallows, where they whipt him, beat him with sticks, and threatened to hang him. Having kept him under the gallows above an hour, they carried him back in the same manner, to the extremity of the north end of the town, and returned him to his own house, so benumbed by the cold, having been naked near four hours, and so bruised, that his life was despaired of. It appears that none but the lowest class of the people were suspected of having been concerned in it; and that Mr. Malcolm having for some time before been threatened by the populace with revenge for his free and open declarations against the late proceedings, had occasionally indiscreetly given them provocation.

No. 339. Governor Hutchinson to Earl of Dartmouth, Boston, February 14th, 1774, and enclosures.

No. 342. Copy of a Remonstrance of the House of Representatives of Massachusetts Bay against the Chief Justice.

No. 343. Copy of a vote of the Council and House of Representatives February 14th, 1774.

The House of Representatives of Massachusetts Bay, on the 1st of February, required the Chief Justice Oliver, and the four Judges of the Superior Court to declare, whether they would receive the grants of Assembly for their salaries, or accept their support from the Crown, and were answered by the four Judges, (they being fearful of making themselves objects of popular resentment, one of their number having been previously brought over to that consent,) "that they would receive their salaries from the "Province;" but by the Chief Justice, "that he would continue to accept his support from the Crown." On the 11th of February, they remonstrated to the Governor, "That the said Chief Justice Peter Oliver, having received his salary and reward out of the revenue unjustly and unconstitutionally levied and extorted from the American Colonies, and being determined to continue to receive it, contrary to the known sense of the body of the People of the Province, bad thereby proved himself an enemy to its Constitution, placed himself under an undue bias, and rendered himself disqualified to hold his office any longer." And not having procured his removal from the Governor in consequence of so their remonstrance, they passed a vote to adjourn the Superior Court, which, by law, is to be held on the 15th of February, to the 22d of that month, to which the Governor refused his assent, and complains that he now considers himself as acting altogether on the defensive, avoiding his consent where he cannot justify it, destitute of any aid from any part of the Legislature or Executive Powers of Government in maintaining order, when the breach of it is caused, or pretended to be caused by such Acts of Parliament, or such exercise of his Majesty's authority, as the People are taught by their leaders to call grievances.

Which Report being read by the Clerk,

Ordered, that the said Report be printed.*

*In the Spring of 1774, I sat out with Mr. and Mrs. Izard, to make a tour of France and Italy: but previous to my going, I drew up a piece entitled "A True State of the Proceedings in the Province of Massachusetts Bay," which has been attributed to Dr. Franklin, because it was left with him, as agent, to have it printed. The purpose of it was to remove the unjust and injurious impressions made by a Report of a Committee of the House of Lords, on the same subject.—Arthur Lee, Vol. I, p. 262.

HOUSE OF COMMONS.

March 7th, 1774.

The Lord North acquainted the House, that he had a Message from his Majesty to this House, signed by his Majesty; and he presented the same to the House; and it was read by Mr. Speaker, (all the members of the House being uncovered,) and is as followeth, viz:

GEORGE R.

His Majesty, upon information of the unwarrantable practices which have been lately concerted and carried on in North America, and particularly of the violent and outrageous proceedings at the town of Boston, in the Province of Massachusetts Bay, with a view of obstructing the commerce of this Kingdom, and upon grounds and pretences immediately subversive of the constitution thereof, have thought fit to lay the whole matter before his two Houses of Parliament, fully confiding as well in their zeal for the maintenance of his Majesty's authority, as in their attachment to the common interest and welfare of all his Dominions, that they will not only enable his Majesty effectually to take such measures as may be most likely to put an immediate stop to the present disorders, but will also take into their most serious consideration what further regulations and permanent provisions may be necessary to be established, for better securing the execution of the laws, and the just dependence of the Colonies upon the Crown and Parliament of Great Britain.

G. R.

The Lord North presented to the House, by his Majesty's command, copies of the same Papers that were this day communicated to the House of Lords, [Sec folio 5–10.]

Mr. Rice then rose, and after remarking on the very critical situation of the whole Continent of North America, and enlarging on the imminent necessity there was for vindicating the controlling right of the British Legislature over the Colonies,* moved, "That an humble Address be presented to his Majesty, to return his Majesty the thanks of this House, for his Majesty's most gracious Message, and for the communication his Majesty hath been graciously pleased to make to this House, of the several Papers relative to the present state of some of his Majesty's Colonies in North America.

"To assure his Majesty, that this House will, without delay, proceed to take into their most serious consideration his Majesty's most gracious Message, together with the Papers accompanying the same; and will not fail to exert every means in their power, in effectually providing for objects so important to the general welfare, as maintaining the due execution of the laws, and securing the just dependence of his Majesty's Colonies upon the Crown and Parliament of Great Britain."

*The presentment of the Papers was accompanied with a comment upon them and particularly those that related to the transaction at Boston, in which the conduct of the Governor was described and applauded; and that of the prevailing faction represented in the most atrocious light. It was said that he had taken every measure which prudence could suggest, or good policy justify, for the security of the East India Company's property, the safety of the consignees, and the preserving of order and quiet in the town Every civil precaution to prevent the mischief that followed had been used in Vain. Ills Majesty's Council, the Militia, and the corps of Cadets, had been all separately applied to, for their assistance in the preservation of the public peace, and the support of the laws, but all without effect: they refused or declined doing their duty. The Sheriff read a Proclamation to the faction, at their town meeting, by which they were commanded to break up their Assembly; but the Proclamation was treated with the greatest contempt, and the Sheriff insulted in the grossest manner.

That he had it undoubtedly in his power, by calling in the assistance of the naval force which was in the harbor, to have prevented the destruction of the Tea; but that as the leading men in Boston had always made great complaints of the interposition of the army and navy, and charged all disturbances of every sort to their account, he with great prudence and temperance, determined from the beginning to decline a measure which would have been so irritating to the minds of the People; and might well have hoped, that by this confidence in their conduct, and trust reposed in the civil power, he should have calmed their turbulence, and preserved the public tranquillity.

Thus, said the Ministers, the People of Boston were fairly tried.—

They were left to their own conduct, and to the exercise of their judgments, and the result has given the lie to all their former professions. They are now without an excuse, and all the powers of Government in that Province, are found insufficient to prevent the most violent outrages. The loyal and peaceable People of a mercantile town, (as they affect to be peculiarly considered,) have given a notable proof to the world of their justice, moderation, loyalty, and affection, for the Mother Country, by wantonly committing to the waves a valuable commodity, the properly of another loyal mercantile body of subjects, without the pretence of necessity, even supposing that their opposition to the payment of the duties could justify such a plea; as they had nothing to do but to adhere to their own Resolutions, of non consumption, effectually to evade the revenue laws.

It was concluded upon the whole, that by an impartial review of the Papers now before them, it would manifestly appear, that nothing could be done, by either civil, military, or naval officers, to effectuate the re-establishment of tranquillity and order in that Province, without additional Parliamentary powers to give efficacy to their proceedings. That no person employed by Government, could in any act, however common or legal, fulfil the duties of his office or station, without its being immediately exclaimed against by the licentious, as an infringement of their liberties. That it was the settled opinion of some of the wisest men, both in England and America, and the best acquainted with the affairs of the Colonies, that in their present state of Government, no measures whatsoever could be pursued that would, in any degree, remedy those glaring evils, which were every day growing to a more enormous and dangerous height. That Parliament, and Parliament only, were capable of re-establishing tranquillity among those turbulent People, and of bringing order out of confusion. And that it was therefore incumbent on every member to weigh and consider with an intention suitable to the great importance of the subject, the purport of the Papers before them, and totally laying all prejudices aside, to form his opinion upon the measures most eligible to be pursued, for supporting the supreme legislative authority, the dignity of Parliament, and the great interests of the British Empire.

This is the substance of what was urged by the Ministry upon the subject when they presented the Papers; but, as things were to be brought to a crisis with the Colonies, and very strong measures were resolved upon, it was apprehended that the merchants would he affected, and make some opposition. To prevent this, all the public papers were systematically filled with writings on this subject, painting the misconduct of the Colonies in the strongest colours, and in particular, urging the impossibility of the future existence of any trade to America, if this flagrant outrage on commerce should go unpunished.

These, with many other endeavours to the same end, were not without an effect. The spirit raised against the Americans became as high and as strong as could be desired, both within and without the House. In this temper a motion was made for an Address to the Throne.—Ann. Regie.