apprehensive of some violence on his attempting to land it, and there
being no persons empowered to take charge of it. When the period of 20
days after his arrival approached, at which time the collector of his
Majesty's customs, by his instructions, is required to seize goods
liable to pay duty, to secure the payment thereof, tho' the merchants of
the town had generally disagreed to this measure of prohibiting the
landing the tea, yet some warm, bold spirit, took the dangerous measure
of sending anonymous letters to Cap^t. Curling and some of his friends,
and the gentleman who owned the wharf where the ship lay, requiring
Curling to carry his ship from the wharf to the middle of the river,
threatening great damages on failure.
These letters being communicated to me, I summoned his Majesty's
council, that I might do everything in my power to prevent any such
dangerous attempts to disturb the public peace, and interrupt the
seizure and landing and storing by the collector. I accordingly, by
their advice, gave orders to the sheriff to be ready at the call of the
collector, (but not to move without,) with all his officers, to support
the collector, in landing it, and to seize and to bring to justice any
persons who should dare to interrupt him in the execution of his duty.
It being known that some measures were taken, tho' the extent thereof
was carefully concealed, the collector, on the 22^d, seized, landed, and
stored the teas in stores under the Exchange, without one person's
appearing to oppose him. The tea is to remain in store 'till the
collector shall receive further orders relative thereto.
Various were the opinions of men on the subject; some were for drinking
no tea that paid duty, and were confident of a supply of such; others
were for putting every dutied article on the same footing, as wine, &c.;
but others considered wine as a necessary of life. It is my opinion that
if the merchants who viewed this measure of importing tea in a
commercial rather than in a political light, had shewn their
disapprobation of the intended opposition to land it, by action rather
than by a refusal to subscribe to a proposed association, and a contempt
of the public meetings on this occasion, and the agents of the East
India Company had not been so hasty in their declining to accept their
trusts, all might have gone on well, according to the plan of the East
India Company, and to our benefit in purchasing that article, now become
one of the necessaries of life, at a much cheaper rate than at present.
COPY OF A LETTER FROM MR. JOHN MORRIS,
_At Charles Town, South Carolina, to his Brother, at London._
Charles Town, 22^d Dec^r., 1773.
Dear Brother:
Cap^t. Curling arrived here the 2^d inst., with 257 chests of tea. There
were many meetings of the merchants and planters, but by the result they
came to no determination; the gentlemen that the tea was consigned to
refuse receiving it. The tea staid on board 20 days. We then gave the
captain a permit to land it by sunrise. In the morning I went on board,
and called the captain out of his bed, begged he would begin to get the
tea out of his vessel. I expected that he would not have been permitted
to land it, but we immediately got six chests into the warehouse, and
the sailors hard at work hoisting out the rest. We began about 7
o'clock, and had by 12 about half the tea in the warehouse, and the rest
before the door. There was not the least disturbance; the gentlemen that
came on the wharf behaved with their usual complaisance and good nature
to me, and I believe the same to the rest of the officers that were
there. I thought it my duty to exert myself on this occasion, which I
did with great pleasure, (as I was serving my old masters,) as well as
doing my duty as a revenue officer.
I am, &c., &c.,
JOHN MORRIS.[57]
Corbyn Morris, Esq^r.,
Custom House.
LETTER FROM CAP^T. ELLIS,
_Of the New York Establishment, to the Chairman._
Cox & Mair's Office, 4^th Feb^y.
Sir:
By the English papers I learn you are fully apprised of the proceedings
of the people of Philadelphia and Boston, and the resolves of the New
Yorkers. I have, notwithstanding, sent you the latest papers. The ship
with the teas bound to Charles Town, is made the property of the
customs, having neglected the usual forms of office in that port. This
intelligence I had by a ship from Carolina to New York, the 1st Jan^y.,
and may be depended on. I left New York the 2^d ultimo; the ship bound
to that port was not then arrived.
I have the honor to be, sir,
Your very humble servant,
J.J. ELLIS,
18^th Regt.
_BOSTON._
CASTLE WILLIAM, 7^th Dec^r., 1773.
QUESTIONS PROPOSED BY FRANCIS ROTCH, AN OWNER, AND JAMES HALL, MASTER OF
THE SHIP DARTMOUTH,
_Who has now the Tea on board, consigned to Messrs. Richard Clarke &
Sons, Mr. Benj^n Faneuil, Messrs. Tho^s. & Elisha Hutchinson, and Mr.
Joshua Winslow, with the Answers of the Consignees, except Mr. Winslow,
who was absent. Referred to by the Consignees in their Letter of the
7^th Jan., 1774._
QUESTION 1^ST.
By Cap^t. Hall and F. Rotch, to the gentlemen, consignees, in writing:
We are now ready to deliver the tea, and beg to know if you, gentlemen,
are ready to receive it, and will produce the requisites usual and
necessary to the landing or delivering the said tea alongside the ship,
either in your own persons or by your agents?
ANSWER.
Gentlemen: We understand that there was a large body of people assembled
in Boston on the 29^th & 30^th November, who voted that the tea shipped
by the East India Company, and consigned to us, should not be landed;
that the duty should not be paid, and that the tea should be returned in
the same ship that brought it out. It also appears by the printed
proceedings of that assembly, that you consented it should go back in
your ship. We also understand that there is continually on board your
ship a number of armed men, to prevent it being landed. We therefore
judge it out of our power to receive it at present, but when it shall
appear to us to be practicable, we will give the necessary orders
respecting it.
QUESTION 2^D.
As your reply to our first question, gent^n., appears to us not to the
point, we must and do demand a categorical answer whether you will or
will not immediately, either by yourselves or your order, or otherwise,
qualify any other person or persons to receive the teas consigned to you
now on board our ship, as we are now entirely ready, and will, if in our
power, deliver the said teas immediately, if application is made?
ANSWER.
Gentlemen: It appears to us that the answer we have made to your first
question is a full reply to the second.
QUESTION 3^D.
As you, gentlemen, by the tenor of your first and second reply, refuse
to give us a direct answer to our questions, whether you will or will
not receive the teas mentioned therein, we now demand our bill of lading
given by Cap^t. Hall, in consequence of his receiving those teas on
board in London River, and the amount of the freight of the said tea,
say ninety-one pounds seven shillings and seven pence lawful money?
ANSWER.
Gentlemen: We shall not deliver up Captain Hall's bill of lading, nor
pay the freight of the teas until we can receive them.
[Copy.] FRANCIS ROTCH.
JAMES HALL.
THO^S. & ELISHA HUTCHINSON.
RICHARD CLARKE & SONS.
BENJ^N FANEUIL, JUN^R.
[Copy.] AT CASTLE WILLIAM, IN NEW ENGLAND,
11^th Dec^r., 1773.
QUESTIONS PROPOSED BY JAMES BRUCE,
_Master of the ship Eleanor, burthen about 250 tons, now lying in the
harbour of Boston, in New England, with part of her cargo, from London,
consisting of one hundred and fourteen chests of tea, consigned to
Messrs. Richard Clarke & Sons, Tho^s. & Elisha Hutchinson, Benj^n
Faneuil and Joshua Winslow, of said Boston, Merchants._
QUESTION 1^ST, BY CAP^N BRUCE, TO THE CONSIGNEES AFORESAID, IN BEHALF OF
HIMSELF AND OWNERS.
Gentlemen: I am now ready to deliver the tea consigned to you on board
my ship, and beg to know if you, gentlemen, are ready and willing to
receive it, as I can produce the requisites usual and necessary for
landing or delivering the said teas alongside the ship, either by
yourselves, your agents or assigns; and as my cargo of lumber is ready
for shipping on discharge of the said tea, I demand an immediate and
positive answer to my question.
ANSWER.
Sir: It appearing by the printed accounts of a number of people
assembled, at Boston, on the 29^th and 30^th Nov^r., that they voted the
teas shipped by the East India Company should not be landed, but that
they should be returned to England in the same bottoms in which they
came. And it further appearing that John Rowe, Esq^r., part owner of the
ship of which you are commander, was present at said meeting, and did
promise to use his utmost endeavors that the teas brought in your vessel
should be sent back, and was also chosen one of a com^tee by the said
meeting, and as you now tell us that you have received orders from
certain persons, called a com^tee of safety, not to land any part of
said tea, and that a number of armed men have been and still are kept
aboard or near your vessel. We reply, that for the reasons mentioned, we
think it at present out of our power to receive the teas, but that as
soon as it shall appear practicable, we will give the necessary orders
for doing it.
2^D QUESTION.
As I have no control upon, nor influence with, the people in Boston who
may oppose the landing of the teas, I cannot be chargeable with their
conduct. My business is with you, gentlemen, and it is to you only I can
and do make application for directions how to dispose of the said teas,
and you will oblige me and my owners, and I desire you would let me know
whether you will or will not receive or dispose of the said tea, either
on shore or otherwise?
ANSWER.
As we see nothing in your second question essentially different from
your first, we must refer you to our answer already given.
3^RD QUESTION.
Will you, gentlemen, or either of you, deliver the bills of lading,
which I signed for said tea at London, and pay me the freight for
bringing it to Boston?
ANSWER.
Sir: We will not deliver the bills of lading, nor pay the freight of the
teas, until we can receive them.
[Copy.] JAS. BRUCE.
RICH^D CLARKE & SONS.
THO^S. & ELISHA HUTCHINSON
Witness: BENJ^N FANEUIL, Jun^r.
Signed, JN^O. MUNRO, Not. Pub.
* * * * *
PROTEST.
_Cap^t. James Bruce, of the Eleanor, against the Consignees, for
refusing to receive the teas at Boston, in New England, on the 11^th day
of December, 1773, and in the fourteenth year of His Majesty's reign._
Personally appeared before me, John Monro, Notary Public, by royal
authority, duly admitted and sworn. James Bruce, master of the ship
Eleanor, burthen about two hundred and fifty tons, then lying at
Griffin's wharf, with part of her cargo from London on board, amongst
which were eighty whole and thirty-four half chests of tea, consigned to
Messrs. Richard Clarke & Sons, Thomas & Elisha Hutchinson, Benjamin
Faneuil, and Joshua Winslow, of said Boston, merchants. And the said
James Bruce, having requested me, the said Notary Public, to attend him
to Castle William, in the harbour of said Boston, we went on the said
day, and then and there, the annexed questions and answers were entered.
Written questions were put by the said James Bruce, and the respective
answers were made in writing (also annexed) by the consignees then
present, and in my presence, and in the presence of each other,
inter-changeably subscribed and delivered by the said James Bruce and
the said Richard Clarke & Sons, Thomas and Elisha Hutchinson, and
Benjamin Faneuil, and declared by them to be their sentiments and
determinations.
Wherefore, the said James Bruce, on behalf of himself, and all others
concerned, did, and I, the said Notary Public at his request, and on
behalf as aforesaid, do by these presents, solemnly protest against the
said consignees, and such of them aforesaid, for all and all manner of
damages whatsoever, already suffered, and which may, can or shall be
suffered, by their neglecting and refusing to receive, demand and take
possession of the tea aforesaid, agreeable to his request, made and
written, and annexed to these presents.
Thus done, protested and given under my notarial seal of office, in
presence of Robert Garland Cranch and John Dyer.
In testimoniam veritas,
Signed, Signed, JN^O. MONRO,
JAS. BRUCE, [Symbol: L.S.] Not. Pub., 11^th Jan^y., 1774.
LETTER FROM MR. ROTCH TO THE CONSIGNEES,
_Referred to in their Letter of the 8^th of Jan^y., 1774._
Boston, 6^th Jan^y., 1774.
Gentlemen:
Annexed you have an account of the freight of 80 whole and 34 half
chests of tea, shipped by the Hon'ble East India Company, on our ship
Dartmouth, James Hall, master, from London, consigned to you, with the
damages we have sustained by the said tea being kept in our ship by your
not giving the necessary orders or directions about it, or by your not
qualifying yourselves, or otherwise, for receiving the same.
The charge of demurrage of the ship, &c., may possibly at first sight
appear extravagant, but when you consider the consequences of a ship
regularly established in any trade, (which, in the present case will, I
expect, eventually be of near two hundred guineas damage,) by the loss
of freight from London in the spring, when you consider this, with the
extra loss on a perishable commodity, as hers was of oil, the extra
stowage of three-quarters of that cargo, and the difference of advance
of the season, I cannot but think you must be reconciled to the
propriety of the charges I have made.
I enclose you a copy of Cap^t. Cooke's and our cooper's requests, to
support the charges of demurrage of the sloop Triton, and the wages and
expences of those coopers, and beg to know by the bearer (who will wait
your answer) whether you will or will not pay the amount of this
account, say, £289 19s. 6d. lawful money.
I am, very respectfully,
Your assured friend,
FRANCIS ROTCH.
To RICHARD CLARKE & SONS,
THOS. & ELISHA HUTCHINSON,
BENJAMIN FANEUIL, Junr., and
JOSHUA WINSLOW.
_Owners, Shippers, Consignees, or concerned in 80 whole and 34 half
chests of Teas, shipped from London by the Hon'ble East India Company,
for Boston, consigned to Richard Clarke & Sons, Thomas & Elisha
Hutchinson, Benj^n Faneuil, Jun^r., and Joshua Winslow._
_To the Owners of the Dartmouth_, JAMES HALL, _Dr._
1773.
To freight of 80 whole and 34 half chests of tea from
London, £91 17 7
To demurrage of the ship from 7 to 20 Dec^r.,
13 days.
Deduct 2 days for grav^g the ship, 2 days, 11 at £12, 132 0 0
To Cap^t. James Hall, and his mate's wages, 11 days, 3 18 3
To demurrage sloop Triton, from 9 to 20 Dec^r., 12 days,
at 48s., 28 16 0
To the captain's wages, 6 days, 12 0
To the mate's and 4 hands' wages and victuals,
12 days each, 7 9 8-1/2
To Jas. Smith and 2 journeymen coopers from
Dartmouth, their wages and expences from
7^th to 20^th December, 13 days, at 6s., 11 14 0
To cash paid Samson, S. Blowers,[58] and John
Adams, Esq^r's advice, 7 4 0
To wharfage the ship and sloop, 23 days, at
6s. 8d. per week, 1 2 0
To cash paid for Protests, &c., £3 19s. 6d.
sterling, 5 6 0
--------------
£289 19 6-1/2
--------------
Boston, 31^st December, 1773.
Errors excepted.
In behalf of myself and the owners of the ship.
FRANCIS ROTCH.
PROTEST.
_Mr. Francis Rotch, Pardon Cook, and Wm. Hayden, against Consignees and
Tea, at Boston, in New England, on the 10^th day of December, in the
year of our Lord 1773, and in the fourteenth year of His Majesty's
reign._
Personally appeared before me, John Monro, Notary Public by royal
authority, duly admitted and sworn, Pardon Cook, master, and Wm. Hayden,
mate of the sloop Triton, burthen about seventy-five tons, and Francis
Rotch, one of the owners of the said sloop, and they, the said Pardon,
Will^m. and Francis, being by the people called Quakers, solemnly
affirmed, and each of them for himself, doth affirm in manner following,
that is to say, the said Pardon and William affirm and say they sailed
from Dartmouth, in New England, with the said vessel, on the 28^th day
of last month, then loaded with spermaceti oil, and bound for said
Boston, where they arrived on the 8^th inst., and made application to
the said Francis to have the said cargo discharged on board the ship
Dartmouth, as agreeable to their orders and directions. And the said
Francis Rotch affirms that he could not in person, nor by his servants,
or any other, unload and reship the said cargo of oil on board the ship
aforesaid by reason of her not being cleared of a certain quantity of
teas shipped at London, and consigned to Messrs. Richard Clarke & Sons,
Thomas and Elisha Hutchinson, Benj^n Faneuil and Joshua Winslow, of said
Boston, merchants, who have all and each of them, except Joshua Winslow,
neglected to demand and refused to accept the said teas, by which the
said ship is detained in the harbour of said Boston, and unfit to
receive the said oil as intended by the said owner, master and mate;
wherefore, the said Francis Rotch, and the master aforesaid, did, on
behalf of themselves and all others concerned, and I, the said Notary
Public, at their request, and on behalf aforesaid, do by these presents
solemnly protest against the said consignees, and each of them, and
against the said tea, and against all others concerned, for all and all
manner of damages already suffered, and to be suffered, on account of
the said oils not being shipped as aforesaid, contrary to the intention
and strict meaning of the said owner and master, &c.
Thus done, protested, and given under my notarial seal of office, in
presence of Robert Garland Cranch and John Dyar.
In testimoniam veritas,
Jn^o. Monro,
Not. Pub., 11 Jan., 1774.
FRANCIS ROTCH.
PARDON COOK.
WM. HAYDEN. [Symbol: L.S.]
* * * * *
PROTEST.
_Cap^t. James Bruce, of the Eleanor, against the Committee at Boston,
and others, who Prevented the Landing the Teas._
At Boston, in New England, on the 11^th day of Decem^r., in the year of
Our Lord 1773, and in the 14^th year of his Majesty's reign, personally
appeared before me, John Monro, Notary Public by royal authority, duly
admitted and sworn, James Bruce, master of the ship Eleanor, burthen
about 250 tons, and he being sworn on the Holy Evangelists of Almighty
God, deposed and doth depose and say, that on the 1^st day of this
instant Decem^r., he arrived with the said ship at Boston aforesaid,
then loaded with sundry goods or merchandize from London, amongst which
were 84 whole and 34 half chests of tea, consigned to Messrs. Richard
Clarke & Sons, Tho^s. and Elisha Hutchinson, Benjamin Faneuil and Joshua
Winslow of Boston, merchants, that on the 2^d inst., the deponent was
ordered to attend at 11 o'clock in the forenoon of the next day, on a
committee of the people of the said town, and he having attended
accordingly, was then and there commanded by Mr. Samuel Adams and
Jonathan Williams, Esq^r., in presence of, and assembled with, John
Rowe, John Hancock, Wm. Phillips and John Pitts, Esq^rs., and a great
number of others, in Faneuil Hall, not to land any of the said tea at
his peril, but to proceed to Griffin's wharf, in said Boston, and there
discharge the rest of his cargo. And that the said deponent was obliged
to comply with the said orders, and was and is nightly watched by 25
armed men on board the said ship, appointed, as he supposes and verily
believes, to prevent the said teas from being landed.
Wherefore, the said James Bruce, on behalf of himself and all others
concerned in the said ship or cargo, did, and I, the said notary public,
at his request, and on behalf as aforesaid, do by these presents
solemnly protest against the said committee and each of them above
mentioned, and against all others voluntarily acting, watching, and
proceeding by their directions, and all persons whatsoever opposing and
forbidding the landing the tea aforesaid for all, and all manner of
damage and damages suffered and to be suffered, by means of the
commands, watchings, opposition and prohibition aforesaid. Thus done,
protested, and given under my notarial seal, in the presence of Rob^t.
Garland Cranch and John Dyar.
In testimoniam veritas,
Jn^o. Monro,
Not. Pub., 11 Jan., 1774.
JAMES BRUCE. [Symbol: L.S.]
* * * * *
PROTEST OF Cap^t. JAMES BRUCE,[59]
_Of the Eleanor, against the Destroyers of the Tea._
At Boston, in New England, on the 17^th day of December, in the year of
our Lord, 1773, and in the 14^th year of his Majesty's reign, personally
appeared before me, John Monro, Notary Public by royal authority, duly
admitted and sworn, James Bruce, master, Ja^s. Bruce, jun^r., mate, and
John Tinney, boatswain, of the ship Eleanor, burthen about 250 tons, and
the said James Bruce, jun^r., and John Tinney, being sworn on the Holy
Evangelists of Almighty God, severally deposed, and each of them doth
depose and say, that on the evening of the 16th inst., they, these
deponents, were on board the said ship, then lying at Griffin's wharf,
at said Boston, and part of her cargo from London on board, amongst
which were 80 whole chests and 34 half chests of tea, consigned to
Messrs. Rich^d. Clarke & Sons, Tho^s. and Elisha Hutchinson, Benj^n
Faneuil, and Joshua Winslow, of said Boston, merchants. That about the
hours of 6 or 7 o'clock in the same evening, about one thousand unknown
people came down the said wharf, and a number of them came on board the
said ship, some being dressed like Indians, and they having violently
broke open the hatches, hoisted up the said chests of tea upon deck, and
then and there stove and threw the said chests with their contents
overboard into the water, where the whole was lost and destroyed.
Wherefore, the said James Bruce, master of the said ship, on behalf of
himself and owners of the said ship, and all others concerned, did, and
I, the said notary public, at his request, and on behalf as aforesaid,
do by these presents solemnly protest against the said unknown persons
or people, and against all others whatsoever and however concerned, for
all and all manner of damage or damages already suffered, and which
hereafter may, can, or shall be suffered by the violence and proceedings
of the said unknown people, and the destruction of the tea as aforesaid.
Thus done, protested, and given under my notarial seal of office, in
presence of Robert Garland Cranch and John Dyar.
In testimoniam veritas,
(Signed,)
JN^O. MONRO,
Not. Pub., 11 Jan., 1774.
JAMES BRUCE.
JAMES BRUCE, Jun^r.,
JOHN [Symbol: his x mark.] TINNEY. [Symbol: L.S.]
Cap^t. Hezekiah Coffin,[60] Master Jethro Coffin, mate, and Mr. Wm.
Hewkey, mariner, of the brig Beaver, and Mr. Francis Rotch, part owner,
James Hall, master, and Alex^r. Hodgdon, mate of the Dartmouth, made the
like protest, which are among the American papers.
* * * * *
LETTER FROM THE AGENTS AT NEW YORK, TO CAP^T. LOCKYER,
_Referred to in their Letter of the 27^th Dec^r., 1773._
New York, Dec^r 27, 1773.
Sir:
It is our intention that this letter should meet you below, at the Hook,
that you may be apprised of the danger of bringing your ship into this
port.
All the tea shipped by the Hon'ble East India Company to Boston has been
destroyed on board the vessels that brought it. The ship Polly, Cap^t.
Ayres, arrived lately at Philadelphia with the tea destined for that
port, and was compelled to return with it without being suffered to come
into the harbour, and there are advices in town that Charles Town has
made the same determination with respect to the tea arrived at South
Carolina, and you may be assured the inhabitants of this city have
adopted the same sentiments, and are fully determined to carry them into
execution.
We therefore think it is a duty we owe to the said Company, as we can
neither receive the tea or pay the duty, to apprize you of your danger,
and to give you our opinion, that for the safety of your cargo, your
vessel, and your persons, it will be most prudent for you to return, as
soon as you can be supplied with such necessaries as you may have
occasion for on the voyage. Certain we are that you would fully concur
with us in the propriety of this advice were you as well acquainted with
the people's sentiments as we are, which you will learn from the
enclosed papers. We shall be glad to hear from you in answer hereto, and
to render you any services we can in your critical situation.
We are, your most obd^t serv^ts,