Lord North Takes Charge
518. From Sir Francis Bernard, 3 February 1770
519. To John Pownall, 5 February 1770
520. To William Tyng, 11 February 1770
521. From Thomas Gage, 12 February 1770
522. From Sir Francis Bernard, 13 February 1770
523. From Sir Francis Bernard, 14 February 1770
524. From Lord Hillsborough, 17 February 1770
Amid the chaos brought on by the collapse of the Grafton administration and the death of Charles Yorke, Frederick, Lord North, gradually emerged as the king’s principal advisor. Hutchinson often complained that political paralysis under Grafton prevented Britain from taking a firm hand with its discontented colonies. Although North, at least initially, was generally inclined to avoid conflict with the colonies, one of his first initiatives was to move on 5 March to repeal the Townshend duties on paper, paint, and glass, which since they taxed British manufactures he regarded as particularly wrong-headed. Parliament did, however, retain the tax on tea, because it accompanied an even larger drawback on that commodity when exported to the colonies, and, thus, was part of a larger plan to lower the price of East India Company tea so that it could compete better with smuggled tea in North America. (For a more comprehensive discussion of the British political situation, see P. D. G. Thomas, The Townshend Duties Crisis: The Second Phase of the American Revolution, 1767-1773 [Oxford: Clarendon, 1987], ch. 9.)
Pall Mall February 3. 1770
No. 16
Dear Sir, Among my Letters by the Packet which went from hence Jan. 20th., there was a long Letter giving an Account of the proceedings in the Parliament on the first day, cheifly of the House of Lords, where I was present.
On Tuesday last Jan. 16 Mr York positively refused the Seal. On Wednesday the King sent for him & took him into the Closet, & talked with him in such a Manner, that, as he himself said, It was impossible for him to refuse it. It is supposed that his Refusal was under the Influence of some of the Opposition, & that his Acceptance might be contrary to some Assurances he had given them: however the whole had a fatal End. On Wednesday night he was sworn into his Office; On thursday at Dinner he was obliged to rise from Table by a Disorder which proved to be the breaking an inward Blood Vessel; On Fryday his Physicians endeavoured in vain to releive him; and on Saturday at 6 in the Evening he died. He was naturally of a sanguine Habit, & for some Years past, it is said, he has lived too freely both in eating and drinking. And therefore it is no Wonder, that in a Man very full of Blood, an extraordinary Agitation of Mind, such as his must be, should add such force to the Blood as to make it break its Vessels. He is universally lamented, by different People on different Accounts, but by none more than by the true Friends of the King, upon whom His Loss falls very hard as [at?] this Time. The Seal was immediately put into Commission to J. Bathurst, B. Smith & J. Aston, C J Wilmot declining being in the Commission;
While this was passing we were at the same time losing the Speaker of the House of Commons. Sr John Cust had had a severe fit of Illness some Weeks before the Parliament met; but at the same time seemed to be pretty well: but it is supposed that the first days sitting, which lasted to near
On Thursday Jan. 25 the House pursuant to a Order resolved itself into a Committee of the whole House to consider the State of the Nation. It was moved by the Opposition, that it be resolved “that the Proceedings of the House of Commons should be governed by the Laws of the Land & the Usage of Parliament.” Lord North asked to what Purpose it was to put a Question to which no one Man would answer in the Negative; and desired to know what other questions were to follow this. This being refused, he then said he would make an Addition to the former Question to make it a real one; & moved that it be added “and that the Proceedings in the last Session in Regard to Mr. Wilkes were according to the Laws of the Land and the Usage of Parliament.” This brought the Matter on at once & the Debate began in which Lord North showed great Ability in the Opinion of his Opponents as well as his Friends. Between 2 & 3 the Question was put, when they were pro 224 con 180. This is coming very near a Ministry: but then it must be considered how trying a Question it was, which contradicted the Addresses lately sent up by near half the Counties in England. For my Part I think that the putting the Question in that Manner was a bold Act, & the carrying it with 44 Majority great Success.
And now comes a more extraordinary Event than any yet: On Monday January 29th. the Duke of Grafton resigned his Place. The Account at Court is that he represented to the King that as the Law was without a Head & the Army also, the Business of a Minister would become too weighty for him, especially as he had no Lawyer in the Cabinet to assist him.
Frederick North, Lord North, 2nd Earl of Guilford, 1771–1773. By Nathaniel Dance-Holland. Lord North became chancellor of the exchequer after the collapse of the administration of the Duke of Grafton. © National Portrait Gallery, London
The rest of the Ministry determined to keep their Offices in which they were encouraged by the King who immediately appointed Lord North first Lord of the Treasury to hold the Chancellorship with it as Mr. Greenville & other Commons have done.
Fryday febry. 2nd. was appointed in the House of Lords to consider the State of the Nation: it had been postponed to that late day on Account of Lord Chathams Want of Health. The Question proposed by Lord Chatham was “that the Proceedings of the House of Commons in disqualifying Mr. Wilkes were illegal & unconstitutional & contrary to the Law of the Land & the usage of Parliament” Observe I don’t pretend in any of the Questions to give you the very Words, but only the Substance of them, preserving the disputable Points. I shan’t enter into the Arguments upon the Question, as they must be similar to those of the former Debate which I have given you an Account of from my own hearing; whereas I have these only from a reporter. But I will mention a Digression in the Course of the Argument, which was much attended to.
My Lord Denby charged Ld Camden with a Breach of his Duty in suffering the Kings Ministers to proceed in the Affair of Wilkes in a Manner which he now said was illegal, tho he was continually in the Kings Councils at that time & should have warned them of the Illegality of what they were about.
I have thought proper to give you this Account of a particular Debate which is not uninteresting. You must consider it to be the Substance only & not the forms, as it passes thro’ two Hands to you; and the first did not pretend to repeat Sentences. When the Question was put the Numbers were pro. 47. con. 96.
The Question is whether Lord North will be able to support himself in the high Station he is now in. This will depend upon these Questions 1. Whether he is really designed as a permanent Minster. 2. Whether he is to stand upon his own Bottom and be under no Influence from Persons out of Sight; 3 Whether the King is resolved to support him as a permanent and independent Minister. If these Questions shall be determined in the Affirmative, He will soon see enough under his Banners to enable him to go on with Business. His acknowledged Ability & unexceptionable Character make it very probable that he will gain a firm Establishment; & he appears to be the very fittest Man for such an Appointment at this very critical Time. I am &c,
Bernard
SC (Houghton Library, Sparks 4, 8:47–55); at head of letter, “The Honble Lt Govr Hutchinson.”
Boston 5 Febr. 1770
Sir, By a late opportunity I informed the Right Honourable the Lords of Trade & Plantations of certain Paper Mills erected and erecting in the Town of Milton.
Tho Hutchinson
RC (National Archives UK, CO 5/759, f. 52); at foot of letter, “Mr Secretary Pownall”; docketed, “Boston 5th Feby 1770. Lieut. Govr. Hutchison JP. Rx 15 March.” AC (Massachusetts Archives, SC1/series 45X, 26:437); at foot of letter, “Mr Secretary Pownall.” SC (National Archives UK, CO 5/768, ff. 80–81); docketed, “Lieut: Govr. Hutchinson. Boston 5th. Febry 1770. Rx 15th. March JP.”
Boston 11 February 1770
Sir, I received the last evening your Letter of the 6 Instant. It has always appeared to me to be the more immediate business of the Officers of the Customs to enter ships &c. and also to break open Cellars Warehouses & others places to search for contrband and uncustomed goods but they are required in certain cases to have a Writ of Assistants which is directed to all Officers & all His Majesty’s Subjects in general who are required to permit the Officers of the Customs to do their duty & to be aiding & assisting. I think every person may be justified who shall prevent the Officers of the Customs from being impeded in the discharge of their duty & that it is the especial business of the Civil Officers to whom the Writ is directed to see that the Officers of the Customs are protected and aided and assisted whensoever they shall be obstructed in the discharge of their duty but in the particular case that you refer to I do not see that you was obliged to furnish hands to unrigg the Vessel but it is to be supposed there are inferior Officers or Servants of the Customs to be imployed in such Services. Had there been an attempt to rescue I think you would have done well in requiring aid to prevent it. Notwithstanding the remarks you have seen in the News Papers this Writ of Assistance after a long argument by the unanimous voice of the Judges of the Superior Court has been determined to be legal & constitutional & by a late Act of Parliament the Court is required to issue it and undoubtedly all who oppose the due execution of it must be considered as Offenders.
Please to present my Compliments to Mr Ross and Mrs Tyng.
The Comissioners wonder they have received no account of this Affair from the Custom house Officers.
AC (Massachusetts Archives, SC1/series 45X, 26:439).
New York February 12th 1770
Sir, I was truely concerned to see by your favor of the 24th Ultimo, that the troubles of your Government rather increase than abate, and that there is at present so bad a prospect of the People’s being brought to Submit to any Government, or under Subjection to any Laws.
We are looking out for the Packet, but imagine She will bring nothing that will be new at Boston, for we learn that a Ship is arrived there, which left Falmouth after the Packet Sailed. If I learn any . . . Authentick News concerning the Colonys by the Mail, I shall not fail to acquaint you therewith. I have the honor to be with great Regard, Sir, &ca.
AC (Clements Library, Thomas Gage Papers); at foot of letter, “Lieut. Govr Hutchinson.”
Pall Mall February 13 1770
No. 17
Dear Sir, Since I have wrote to you my last, I have received from Mr Taylor a particular Account of the Attack of the Naval Office.
To shew that the Act does not extend to the present Naval Office It must be observed that the Naval-Office was established in the 15th of Charles 2, & vested in the Governors.
It is generally understood that this last Act was never carried into Execution, neither in the Appointment of the Officers therein ordered, nor in ascertaining the Fees thereby appointed. It cannot be supposed to relate to the Office appointed by Act of Parliament, the Business of which at that Time was particularly described & regulated by the 7 & 8 of Wm 3rd.:
As the Officers appointed by the Provincial Act were distinct from the Officer appointed by Act of Parliament, so the Fees appointed by this Act are assigned to the Officers appointed under the Act only by the Words said Office repeated twice in this short Act, which must refer to the Naval Office in the Title which was to be established by that Act. And as there never were such Officers established under that Act, It is not to be wondered that the Bill of fees prescribed by the Act was never in Use. As for the Words in the Act as has been accustomed they must refer to what was done before the new Charter, when it might probably be accustomed for the General Court to appoint Naval Officers. But no such Custom, if it was to be set up against the Parliamentary Naval Office, could be prescribed under the new Charter, as the only Attempt of it was set aside by the King in Council.
Hence it was that when Mr Pemberton came into the Office in 1733 he found not the least Traces of the Act in 1701.
Under these Circumstances I cannot think that you will suffer this Office to be run down by frequent Prosecutions, but that you will interpose in its Behalf that Power with which you are vested to stop litigious Prosecutions. I also hope that if any Bill should be sent up establishing a worse Bill of fees than that which has been returned to his Majesty, you will suspend the passing of it till the Opinion of the Minister shall be taken upon it. If the Party should attack the Office in a different way from that now proposed, you will give it such Assistance as you can. Mr Auchmuty & Mr Sewall are engaged in its Support:
SC (Houghton Library, Sparks 4, 8:58–61); at foot of letter, “Lieut Govr Hutchinson.”
Pall Mall, Feb 14 1770
No. 18
Dear Sir, By my Letter dated feb 3 I gave you an Account of the political Proceedings so far:
There has been another Set Battle in the House of Commons which turned out more to the Advantage of the Ministry than the last. On Monday last upon an Appointment to consider the State of the Nation, It was moved that all Officers of the Revenue should be rendered incapable of voting for Members of Parliament. Lord North shewed what a Complaint the Opposition had made of a pretended Violation of the Rights of a few freeholders in one County only; & now they proposed at one Stroke to disfranchise many thousands of Freemen throughout the whole Kingdom. It was fully debated; but the House would not bear along sitting, but insisted upon the Question about nine o’clock. The Numbers were pro 188, con 263, Majority 75. The Friends of the Ministry consider this as decisive; it will help to settle Waverers: the Opposition treats it as not at all conclusive. The same day there was a Division in the House of Lords of no Use but to divide: The Numbers were 81,41, besides Proxies which were allmost wholly on the Side of the Ministry.
The Business of repealing the American Act is referred to Wednesday next. There is a Petition of the American Merchants given in: but it prays only for general Releif. It is now certain that the Ministry will only propose the Repeal of the 3 Articles; & it is supposed that the Opposition will move for the Repeal of the whole Act.
I have sent you among the Newspapers two protests in the House of Lords which are like the Times “full of Sound & Fury, signifying Nothing.”
Bernard
I have Nothing to add concerning what is designed for you & Mr Oliver: things stand as they did; & they can’t be better whilst they remain in a State of Inactivity. I have the Pleasure of telling you that I shall continue to have free Access to Lord North. He talked to me a good deal Yesterday at the Princess of Wales’s drawing Room, & ended with telling me that he should have some Leisure in a few days time, & should be glad to see me when I had any thing to communicate. I sent you in my last by Freeman a Letter from Mr Pownall which will give you more Satisfaction than any thing I can write.
SC (Houghton Library, Sparks 4, 8:62–64); below the closing and above the postscript, “Lieut. Govr. Hutchinson.”
Whitehall. Febry 17: 1770
(No. 32)
Sir, I have received, and laid before the King, your dispatches Ns. 11. & 13. as also a letter numbered 1. dated the 1st. of last Month, but I do not find amongst your letters any one numbered 12.
The King very much approves your Attention to what passed amongst the Merchants who have subscribed to and support the Associations for non Importation, and the Paper upon that subject, inclosed in No. 11, is very material, and will be of great use.
I do not clearly see what relief can be given in the case of the prosecutions with which the naval and custom-house Officers are threatened, on the Ground of their taking other Fees than are allowed by Law, but there is no doubt that whenever that matter comes to an Issue they will have every Support that can be given them, consistent with Justice and Reason.
I did, by His Majesty’s Command refer to the Board of Trade the petition to you of the Commissioners of the Customs ^complaining^ of their being taxed by the Assessors of the Towns where they live for their Salaries; and inclosed I send you a Copy of their Lordships’ report thereupon, containing the Opinion of His Majesty’s Attorney & Solicitor General on that case.
I have also, by His Majesty’s Command transmitted to the Lord Commissioners of the Admiralty that part of your letter No. 13. which relates to the Collection of the Six Pence per Mensem for Greenwich Hospital, demanded of the Men belonging to the fishing Vessels of Marblehead, Salem, and Gloucester, together with a Copy of the petition presented to you by the Inhabitants of those Towns, in order that I may receive from their Lordships, (within whose Department it lies to carry into execution the Act of Parliament that establishes this duty,) their Sentiments of the case, and such information in respect to what has been the practice, as may enable me to judge what may be fit to be done; In the mean time I must not omit to express to you that I entirely agree with you in the opinion you entertain on this subject, which appears to me to carry with it great propriety.
In consequence of the death of Mr. Yorke a few days after he received the Great Seal, His Majesty has thought fit to commit the Custody of it for the present to Commissioners; and the Duke of Grafton having been permitted by His Majesty to retire from the Treasury Board, Lord North is become, in consequence thereof, first Commissioner at that Board. I am &c.,
Hillsborough
AC (National Archives UK, CO 5/759, ff. 29–30); at head of letter, “Lieut. Govr: Hutchinson”; docketed, “Draft to Lieut. Govr. Hutchinson Whitehall Febry. 17th 1770 (No. 32).” SC (National Archives UK, CO 5/765, ff. 75–76); at head of letter, “Lieut. Govr. Hutchinson (No. 32).”