For a while, however, the English continued their blundering. Hillsborough instructed Bernard to order the Massachusetts Assembly to rescind its circular letter, and when the Assembly reaffirmed its resolution by a still larger majority, it was dissolved. When Parliament met in December, the Duke of Bedford moved a petition to the Crown to apply to Massachusetts an act of 35 Henry VIII, by which offenders outside the kingdom were liable to be brought to England for trial, on the ground that owing to the state of public feeling in that province it would be impossible to obtain a conviction in any action brought by the Government. This extraordinary proposal actually passed through Parliament, in spite of the opposition of Burke and Pownall, an ex-governor of Massachusetts, for, as Burke said, "Repeal began to be in as bad odour in the House of Commons as the Stamp Act had been the session before."[161] There was so great an outcry, both in England and America, against this measure that no attempt was made to enforce it; indeed, it is probable that it was only intended to frighten the colonists, for it was impossible to make the mother-country realize that its American colonies were not a band of naughty children. As Horace Walpole wrote to Conway: "Our conduct has been that of pert children. We have thrown a pebble at a mastiff and are surprised it is not frightened."
America was not frightened, but its attitude was so threatening that the Duke of Grafton, influenced by the complaint of London merchants that between Christmas 1767 and 1769 the value of exports to America had decreased by £700,000, moved at a Cabinet Council held on May 1, 1769, for the Bill for the repeal of the import dues. At first it seemed as if it would be carried, but at a subsequent discussion Lord North, who, in the interval, had yielded to the King's prayers, proposed that the duty on tea should be retained, not for its financial value, but as a sign of the right of Parliament to impose taxation. As the question at issue was the right to tax, not what to tax, North's amendment practically neutralized the original proposal; but when Grafton divided the Cabinet upon the question, he was left in a minority of one. Soon after he resigned, and Lord North, reigning in his stead, introduced his measure on March 6, 1770. In vain Pownall, who after his return from America in 1760 had published a book on "The Administration of the Colonies," in which he laid especial stress upon the determination of the Americans not to be taxed without their own consent, begged the new ministry to reconsider its measure, assuring them that it would be entirely ineffectual unless all the duties were repealed.
The time had gone by for partial concession, and on the very day before Lord North brought in his Bill, a serious riot broke out at Boston, when the soldiers fired and the first blood was shed. Yet nothing warned the King, whose passion for prerogative it was impossible to quench, and he now strengthened the anti-colonial side of the new Cabinet. "Rigby ... who cursed and swore when the repeal of the Stamp Act was alluded to in his presence, and Sandwich, who never spoke of the Americans except as rebels and cowards, openly proclaimed that three battalions and half-a-dozen frigates would soon bring New York and Massachusetts to their senses. They became ministers on an express understanding that the British Government, in its dealing with the Provincial Assemblies, should henceforth employ undisguised coercion and insist upon unconditional submission."[162]
In August, 1772, Lord Hillsborough was replaced as Secretary of State for America by the Earl of Dartmouth, who was known to be anxious for conciliation; but the colonies found fresh cause of offence in a measure that provided for the payment of the Massachusetts judges by the Crown instead of the colonies, "a change which was designed to render the judges independent of popular feeling, was resented as an attempt to make him subservient to the Crown, for they held office during the King's pleasure."
Meantime delegates from the various Assemblies met in congress, and presented to the King a petition, at once firm and temperate, assuring him of their desire to restore amicable relations with the mother-country. "As your Majesty enjoys the signal distinction of reigning over freemen, the language of freedom cannot be displeasing. We ask for peace, liberty, and safety. We wish not a diminution of the prerogative, nor do we solicit the grant of any new right in our favour. In the magnanimity and justice of your Majesty and Parliament, we confide for a redress of our grievances, trusting that when the causes of our apprehensions are removed, our future conduct will prove us not unworthy of the regard we have been accustomed, in our happier days, to enjoy. We implore, therefore, your Majesty, as the loving father of all your people, connected by the same bonds of law, loyalty, faith and blood, not to suffer the transcendent relation, formed by these ties, to be further violated in uncertain expectation of effects which, if attained, never can compensate for the calamities through which they must be gained. So may your Majesty enjoy every temporal felicity, through a long and glorious reign, and your descendants inherit your prosperity and dominions, till time shall be no more." After passing this Address, Congress, which had sat in defiance of the Government, dissolved, but not before it had agreed to a resolution that if the differences at issue were not previously settled, another Congress should meet on May 10, 1775. The petition was, under the circumstances, so reasonable that on November 10 the Duke of Richmond moved in the House of Lords that the petition of the American Congress to the King afforded ground of conciliation. The King, however, would only regard the Address as an impertinence, and his reply was deliberately void of any conciliatory phrase. "It is with the utmost astonishment that I find any of my subjects capable of encouraging the rebellious disposition which unhappily exists in some of my colonies in North America. Having entire confidence in the wisdom of my Parliament, the great council of the nation, I will steadily pursue those measures which they have recommended, for the support of the constitutional rights of Great Britain and the protection of the commercial interests of my kingdom."
The irritation of the American colonists broke out on December 16, 1773, when the ships laden with tea arrived at the port of Boston. These were boarded by a small army of responsible citizens disguised as Mohawk Indians in full war paint, with tomahawks and scalping knives, too numerous to be opposed, who flung the cargoes into the sea. The news of "the Boston Tea-Party," as the incident was subsequently known, only established George III in his belief that of all weapons firmness only would be effectual; and accordingly he sanctioned and, indeed, welcomed the Boston Port Bill, which ordered the closing of the port of Boston and altered the charter of the province of Massachusetts. It was clear that if this Act could be enforced Boston would be punished for its sins by nothing less than ruin, and ministers believed that the dispersal of the trade of that flourishing town among its commercial competitors would result in internal quarrels. However, instead of the hoped for disunion, the colonies banded themselves together yet more closely, and when Hutchinson was recalled and General Gage sent out as Governor of Massachusetts and Commander-in-Chief, the latter found himself confronted with the colonies on the very border-line of rebellion.
"Very little that is satisfactory has transpired of America. On Monday Lord North moved for leave to bring in a Bill to remove the Customs and Courts of Justice from Boston to New Salem—a step so detrimental to the former town, as must soon reduce it to your own terms; and yet of so mild an appearance that it was agreed to without a division and almost without a debate," Gibbon wrote on March 16, 1774. The truth is, outside a small body of active politicians, Englishmen had not yet realized that the American question had become so acute, that close at hand was the end of peaceful negotiations. Even when it seemed probable that hostilities must ensue, the landed gentry, the backbone of the House of Commons, were in favour of thrashing their impenitent brethren across the sea, and a little later, according to Burke, "The merchants began to snuff the cadaverous haut goût of lucrative war; the freighting business never was so lively, on account of the prodigious taking up for transport service: great orders for provisions of all kinds, new clothing for the troops, puts life into the woollen manufactures."[163]
Even the general body of the public was deluded, by the specious arguments of the ministers, into the support of the appeal to arms. "I recollect," Nicholls has recorded, "in one debate, Lord North stated that the inhabitants of Great Britain, considered collectively, paid one man with another twenty-five shillings a year in taxes; while the inhabitants of our American colonies, considered collectively, paid each only sixpence a year in taxes; he added, 'Is this equitable?' The country gentlemen were weak enough to believe that, by persevering in the contest, their taxes would be diminished."[164]
The Boston Port Act was the last straw. The Americans realized that they must either submit unconditionally to the home government or take arms in defence of their liberties. They did not long hesitate. In September the inter-provincial Congress approved the opposition of the inhabitants of Massachusetts Bay to the execution of the late Acts of Parliament, and stated that if the same should be attempted to be carried into execution by force, in such cases all Americans ought to support them in their opposition. "I am not sorry that the line of conduct seems now chalked out," wrote the King on hearing the news. "The New England government are in a state of rebellion. Blows must decide whether they are to be subject to this country or independent."[165]