The animosity against the soldiers at Boston was actively kept up. The sentinel could not stand at his post without insult. Every day menaced a conflict. A fictitious account of an affray between the soldiers and the people of New York was circulated at Boston, in which the soldiers were represented as beaten. This gave impetus to the aggressive temper of the Bostonians. On the 2nd of March, a soldier, insulted by the men at Gray's rope-walk, resented it; they came to blows, and the soldier was overpowered. He fetched up some of his comrades, who, in their turn, beat and chased the rope-makers through the town. The passions of the mob were inflamed, and they began to arm themselves for an attack on the soldiery. In a few days the crowd assembled and assaulted a party of them in Dock Square. The officer prudently withdrew them to the barracks. As the evening advanced, the mob increased. They cried, "Turn out, and do for the soldiers!" They attacked and insulted a sentinel at the Custom House. A party of soldiers was sent by Captain Preston to the officers on duty to protect the man. The mob pelted them with pieces of wood, lumps of ice, etc., and denounced them as "cowards," "red-lobster rascals," and the like. The soldiers stood to defend the Custom House till they were fiercely attacked, and at length they fired in self-defence, killed three persons, and wounded several others—one mortally.
To prevent further carnage, a committee of the townsmen waited on the governor and council, and prevailed on them to remove the soldiers from the town to Castle William. The successful rioters carried the bodies of the killed in procession, denounced the soldiers as murderers, and spread the most exaggerated accounts of the affray through the newspapers, under the name of "the massacre." Captain Preston and his men were arrested and put upon their trials before a jury of the irate townsmen. Nobody, for a time, would act as counsel for the defence; but at length John Adams, a young lawyer, undertook the office, and made the case so plain, that not only Captain Preston, but all the soldiers were acquitted, except two, who had fired without orders, and these were convicted only of manslaughter.
The arrival of the news of Lord North's repeal of all the duties, except tea, produced little effect on the minds of the people of Boston. They declared that the unconstitutional principle was the real offence, and that it was still retained. The people of New York, however, had long inclined to gentler measures. They agreed to import all other articles except tea. Pennsylvania and other colonies followed their example; and they declared that they who wanted tea must smuggle it. The more fiery patriots declared against this lukewarmness; but the desire for the English goods was so great that, during the years 1770 and 1771, the importations were larger than they had ever been. Nevertheless, though the colonies appeared returning to order and obedience, the efforts of the Republican party never relaxed, and, especially in Massachusetts, there was a tone of sullen discontent. "Liberty poles" were still erected; exciting harangues were delivered on the anniversary of "the massacre," and the Assembly continued to manifest a stubborn resistance to the will of the Lieutenant-Governor.
During the recess of Parliament, a dispute occurred with Spain regarding the Falkland Islands, which led to the very verge of war. In 1764 the French, under Bougainville, made a settlement on Falkland Sound; but Spain putting in a claim that these isles were part of her South American territory, Choiseul, the French Minister, abandoned the settlement, and the Spaniards changed its name from Port Louis to Port Soledad. The very next year, 1765, Commodore Byron was sent to form a settlement on another of the islands, which he named Port Egmont, in honour of Lord Egmont, First Lord of the Admiralty. Such were the distant islets to which, in 1769, Spain began to assert her claim. The Governor of Port Soledad sent repeated messages to Captain Hunt, of the Tamar, stationed at Port Egmont, requiring the abandonment of the place. When the notices were succeeded by threats, Captain Hunt sailed home to lay the matter before his Government. He landed at Portsmouth in June, 1770, and made known the Spanish interference to the Cabinet. Meanwhile, the Spaniards, taking advantage of Hunt's absence, had, about the time that he arrived in England, dispatched to the Falklands Buccarelli, the Governor of Buenos Ayres, with five frigates and one thousand six hundred men. Having entered the port on pretence of wanting water, and finding the Tamar absent, and only two armed sloops there, and a mere handful of soldiers, Buccarelli landed his force, and, after the firing of a few shots for form's sake, the English surrendered, and were permitted to depart with all the honours of war.
The excitement, both at Court and in the country, was far beyond the then apparent value of the islands; but there had been an insult to the British flag, and both Government and Opposition demanded expiation. Lord North displayed a bold and determined tone on the occasion. Orders were sent over to the British ambassador, at Madrid, to demand an immediate disavowal of Buccarelli's act, and instant measures were taken for war, in case of refusal. Ships were refitted, their commanders named, stores were put on board, and orders for pressing men, according to the custom of the time, were issued. But in London these preparations met with resistance from the opposition spirit of the Corporation. Things, however, seemed tending strongly towards war. Our Chargé d'affaires at Madrid, in absence of the ambassador, was Mr. Harris, the son of the author of "Hermes." He was but a youth of four-and-twenty, but already displayed much of the talent which raised him to the title of Malmesbury. He wrote home that the King of Spain and some of his Ministers were averse from the idea of war, and unprepared for it; but that others were influenced by Choiseul, the French Premier, and demanded a vigorous attack on England.
But the King of France did not share in the feeling of Choiseul. He wrote to the King of Spain about this time, "My Minister wishes for war, but I do not!" In fact, changes had taken place in the Court of France which were about to precipitate Choiseul from his long-enjoyed favour. Madame de Pompadour was dead, and the king had become deeply enamoured of Madame du Barry. Choiseul was impolitic enough to despise her influence, and treated her with undisguised hauteur. He soon felt the consequence in an order from the king to resign his office and retire to his estate at Chanteloupe, in Touraine. The shock to the insolent Minister, who had so long ruled absolutely in the French Court, was the more unlooked for, because he thought himself now all the more safe from having secured the marriage of the king's heir, his eldest grandson, with the Austrian archduchess, Marie Antoinette. Choiseul was succeeded by the triumvirate d'Aiguillon, as Foreign Minister; Terray, as Minister of Finance; and Maupeou, as Minister of Jurisprudence; but all subject to the supreme influence of Madame du Barry. Louis XV. thenceforth became a cipher.
The spirit of Choiseul having departed from the French administration, and the king having so unequivocally expressed his intention not to go to war, the Spanish Court hastened to lower its tone and offer conciliatory terms. In December they had proposed, through Prince de Masserano, to disavow the expedition of Buccarelli, if the English Court would disown the menaces of Captain Hunt. This was promptly refused, and orders were sent to Mr. Harris to quit the capital of Spain. He set out in January, 1771, but was speedily recalled; the expedition of Buccarelli was disavowed; the settlement of Port Egmont was conceded, whilst the main question as to the right of either party to the Falklands at large was left to future discussion. So little value, however, did Britain attach to the Falkland Isles, that it abandoned them voluntarily two years afterwards. For many years they were forsaken by both nations; but in 1826 the Republic of Buenos Ayres adopted them as a penal colony, and in 1833 the British finally took possession of them.
Whilst these events had been progressing, the Ministry had entered into a combat with the great unknown political essayist, Junius. Junius had advanced from Sir William Draper to the Duke of Grafton, and from the Duke of Grafton to the king in his sweeping philippics. For these daring censures, Woodfall, the printer of the Public Advertiser, was tried, and also Almon, the publisher of the London Museum, a monthly periodical, for reprinting the libel there. Almon was convicted of publishing, and sentenced to pay a fine of ten marks, and give security for his good behaviour for two years, himself in four hundred pounds, and two sureties in two hundred pounds each. He moved in vain for a new trial. Woodfall was convicted of "printing and publishing only;" but he obtained an order for a new trial, on the ground of the phrase "only" being ambiguous. But the circumstance which excited the attention and turned the resentment of both Liberal statesmen and the people was, that Lord Mansfield on these trials had instructed the juries to confine themselves to the facts alone, and to leave the question of legality to the judges. This was properly declared a dangerous infringement of the rights of juries, and calculated to make their verdicts merely the servile echoes of the dicta of the judges. Lord Chatham, on the 28th of November, denounced in the Peers this dictation of the judge to the juries. Serjeant Glynn, at the same time, moved in the Commons for an inquiry into the administration of justice in Westminster Hall, where such unconstitutional instructions could be given. This occasioned a warm debate, in which Burke, Dunning, and others, ably defended the public rights. The motion was negatived.
The year 1771 opened in circumstances which greatly diminished the interest in Parliamentary proceedings. As all reporting was excluded from the House of Lords, the chief speakers there felt that they were no longer addressing the nation, but merely a little knot of persons in a corner, and consequently the stimulus of both fame and real usefulness was at an end. In the Commons, the desire of the Ministry to reduce that popular arena to the same condition of insignificance produced a contest with the City as foolish and mischievous in its degree as the contests then going on with Wilkes and America. George Onslow, nephew of the late Speaker, and member for Guildford, moved that several printers, who had dared to report the debates of the House of Commons, should be summoned to the bar to answer for their conduct. Accordingly, these mediums of communication between the people and their representatives were summoned and reprimanded on their knees. One of their number, named Miller, however, declared that he was a liveryman of London, and that any attempt to arrest him would be a breach of the privileges of the City. The Serjeant-at-Arms dispatched a messenger to apprehend this sturdy citizen, and bring him before the House; but, instead of succeeding, the Parliamentary messenger was taken by a City constable, and carried before Brass Crosby, the Lord Mayor. With the Lord Mayor sat Alderman Wilkes and Alderman Oliver. It was delightful work to Wilkes thus to set at defiance the House of Commons, which had made such fierce war on him. The Lord Mayor, accordingly, was fully confirmed in his view that the messenger of the Commons had committed a flagrant violation of the City charter, in endeavouring to lay hands on one of its liverymen within its own precincts, and they held the messenger accordingly to bail. The House of Commons was fired with indignation at this contemptuous disregard of their dignity. They passed a resolution, by a large majority, ordering the Lord Mayor and the two aldermen to appear at their bar. Wilkes bluntly refused to attend the House in any shape but as a recognised member of it. Crosby pleaded a severe fit of the gout; and Oliver, though he appeared in his place, refused to make any submission whatever, but told them he defied them. The House, in its blind anger, resolved that Oliver should be committed to the Tower, and Crosby to the custody of the Serjeant-at-Arms. But Crosby declared that he would not accept this indulgence at the hands of the House, but would share the incarceration of his honourable friend; and he was accordingly sent also to the Tower. The people out of doors were in the highest state of fury. They greeted the City members on their way to and from the House, but they hooted and pelted the Ministerial supporters. Charles James Fox, still a Government man, as all his family had been, was very roughly handled; Lord North's carriage was dashed in, and himself wounded; and had he not been rescued by a popular member, Sir William Meredith, he would probably have lost his life. The Commons had engaged in a strife with the City, in which they were signally beaten, and no further notice being taken of the printers, from this time forward the practice of reporting the debates of Parliament became recognised as an established privilege of the people, though formally at the option of the House; and so far now from members or Ministers fearing any evil from it, the most conservative of them would be deeply mortified by the omission of their speeches in the reports. The termination of the Session also opened the doors of the Tower, and liberated the Lord Mayor and Alderman Oliver. They were attended from the Tower to the Mansion House by the Corporation in their robes, where a banquet celebrated their restoration to freedom, and the populace displayed their sympathy by bonfires and illuminations.