USA > Massachusetts > Worcester County > Historical collections: containing I. The Reformation in France; the rise, progress and destruction of the Huguenot Church. Vol II > Part 12
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this time controlled the government of Great Britain, were bent upon an exhibition of their authority to crush out the enterprise, prosperity, and advancing power of their colonies in America.
The activity, power, and ability they had exhibited in the enterprise against Louisburg at Cape Breton-the recent expeditions which resulted in the capture of the Canadas and the expulsion of the French from the continent-were viewed with an eye of jealousy ;- and the hanghty and arrogant aris- tocracy which now ruled in England had determined upon a policy to cripple the rapidly-advancing commerce of the col- onies by prohibitions of their trade with other European powers, by burdensome imposts on their remaining articles of trade, and by heavy internal taxes to reduce them to a state of poverty and dependence on the mother country.
The plan for raising money in the American colonies by imposts was not a new idea in 1763, when the Impost act of that year was enacted. An act was passed by Parliament, in 1733, for the welfare and prosperity of the sugar colonies in the West Indies, and for remedying discouragements of plan- ters ; duties were given and grunted to George II (such was the expression), upon all rum, spirits, molasses, syrups, and sugar of foreign growth, produce, and manufactures imported into the colonies.
This regulation of trade was acquiesced in as a benefit of the general empire.
This act was made only for five years, but it was renewed several times during the reign of George II, and once renewed in the reign of George III; but, in 1763, the act related above, and at this time made the subject of general complaint in all the commercial colonies, extended to many other articles upon new and changed principles.
It was stated in the preamble of this act,
" That it was expedient that new provisions and regulations should be established for improving the revenue of this kingdom; that it was just
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and necessary that a revenne should be raised in America, for defend- ing, protecting, and seeuring the same, and that the commons of Great Britain, desirous of making some provision towards raising the said per- enue in America, have resolved to give and grant to his majesty the sev- oral rates and duties, " etc.
The purpose here was changed ; it was not now for a mu- tual benefit of all the empire, but the American colonies were now avowedly to be burdened with a great variety of imposts for raising a revenne for the mother country, involving the principle of taxation without representation, which the colo- nies were unitedly opposed to, upon the principle of its un- constitutionality ; and in this opinion they were supported by Lord Chatham, Burke, and others, among the ablest statesmen in England.
Referring to taxes and imposts raised in America in this manner, Mr. Burke remarked in his speech in Parliament, in 1774 :
" This preambulatory tax had lost us at once the benefit of the west and of the east ; had thrown open the doors to contraband ; and would be the means of giving the profits of the colony trade to every nation but ourselves. It is, indeed, a tax of sophistry, a tax of pedantry, a tax of disputation, a tax of war and rebellion, a tax of anything but benefit to the imposers."
Besides the Impost act of 1763 and the Stamp act of March, 1765, the Tea act, so called, was passed in the year following the repeal of the Stamp act, in 1767, imposing duties on tea, glass, paper, etc., which again produced universal excitement in all the colonies. This Tea aet was alleged to be a com- pensation to the East India Company for certain encroach- ments on that corporation by the government.
The American colonies, it appears, were at all times, at this period, in the administration of the affairs of the English government, a fertile source for relieving an unjust govern- ment from the embarrassment of its improper acts at home.
The resentment of the American colonies was so great
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under this act, that in the year 1770 three fourths of the duty on tea in this bill, with all the duties on other articles included in the same, were repealed, leaving but the small tax of three pence on the pound on tea.
This remaining duty, scarcely sufficient to pay for its col- lection, did not remove the great source of dissatisfaction by the colonists against the home government : for the reason, it had now become a settled determination that they would not submit to any act of wrong and injustice, however small the eneroachment might be, upon their clearly established rights. This revived and fully brought out what was known as the " Non-Importation Agreement" in the colonies, much the injury of the trade with England.
To add to the injustice done the colonists by the collection of the imposts before referred to, the application of the reve- nue thus collected as they believed wrongfully of them, was another, and equally great injustice and wrong ; a serious encroachment upon the just administration of government and law.
Instead of the governors and judges being dependent upon the governed for their salaries, as had heretofore been eus- tomary in all the colonies, to have such salaries voted by the legislative authorities, they were now paid by the crown from the revenue of these unlawful imposts, making the governors and judges independent of the colonists, and subject to the crown, being removable also at its pleasure.
This was regarded as an interference dangerous to the rights of government and justice ; and the encouragement of arbitrary power.
The coasts and commercial ports of the colonies were placed in a state of espionage by numerous armed cruisers that greatly interfered with legitimate commerce, as it was not unfrequently that vessels were stopped, after embarking on a voyage, and subjected to great delay ; although entitled
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to damage, there were no courts in the colonies to try this class of damages, and to apply across the ocean was so ex- pensive an affair, that the loss was far greater than the gain; tlmis great wrongs went unredressed, and much ill-feeling was a natural result.
One of these armed cruisers, stationed at Providence, Rhode Island, which had much annoyed the trade of that port, called the Gaspee, was boarded at midnight by about two hundred men in disguise, who, after wounding the com- mander, and forcing him and his men to go on shore, burned the schooner. Though a reward of £500, together with a pardon of the accomplice, who should reveal and make knowu the offenders, was offered, no discovery was made.
In October, 1767, the new Revenue laws went into effect, when the Non-Importation agreements became quite general among merchants ; and throughout the country it soon became popular to enter into agreements for the disuse of articles of British manufacture.
There was no place in the colonies where the excitement was more intense upon the several oppressive acts of Parlia- ment for taxing and restricting their trade, than at Boston, in Massachusetts Bay, as then styled. This town was then the most populous one, and possessed much the most extensive commerce ; it was thus more seriously affected than any other town by the imposts and restrictive acts of Parliament. On the 9th of May, 1768, the sloop Liberty, belonging to John Hancock, was seized by the collector and comptroller of the customs at Boston, which occasioned a violent tumult ; when the collector and his son were assaulted by a mob, and their houses much injured.
On the news of this excitement and doings of the mob at Boston reaching England, there were ordered to this port several ships of war from Halifax, with two regiments of troops on board.
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These arrived, and were stationed in the harbor, and the troops camped on Boston common. These were soon re-en- forced by two additional regiments direct from Ireland.
The Boston massacre on the evening of the 5th of March, 1770, was the result of this attempt to overawe the people of Boston and New England.
It was a severe trial of the devotion of the patriot leaders in . the cause of constitutional and charter rights ; but they were, happily for that cause, found equal to their trials. The names of Otis, Quincy, Hancock, Warren, and Adams, will, in all time, so long as civil liberty and constitutional rights are ap- preciated, remain fragrant in the minds of New Englanders.
The history of that massacre is too well known to need any further explanation in this brief sketch of the causes which led to the Revolution and independence of the colonies, and separa- tion from the mother country.
All the circumstances of this melancholy state of affairs were embodied into a circular by a committee selected at a town meeting in September following, and forwarded to all the towns in the province. . And it may here be affirmed, that the spirit of liberty, and determination to resist all aggression upon their rights, was no less strong in the interior towns than in those on the sea-board.
Under this state of things, the Legislature of Massachusetts addressed circulars to the speakers of the houses of representa- tives in all the other English colonies, setting forth all the infractions of their rights as colonists and lawful subjects of the kingdom of Great Britain, and requested their aid in this behalf ; such had been their action in 1767, when their letters met a cordial reception, and were promptly responded to with expressions of sympathy, and the assurance of their determina- tion to unite with all their power in the support of the grounds taken by Massachusetts Bay. There could now be no doubt of a joint effort of all the colonies against the oppressions de.
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signed by the English Parliament. For this act of the Legisla- ture of Massachusetts, they fell under the great displeasure of the English government, and were severely censured and acensed of exciting treason and rebellion.
At this time Dr. Benjamin Franklin and William Bollan were the agents of Massachusetts at the English court ; Israel Mauduit being the agent of Governor Thomas Hutchinson and Lieutenant-Governor Andrew Oliver, of the same colony.
Now were brought out a series of letters from the governor and lieutenant-governor, designed to be private ; their contents were highly prejudicial to the actions and character of several of the leading men in Boston and vicinity, engaged in po- litical affairs at this crisis in Massachusetts.
The General Court of Massachusetts petitioned the king's most excellent majesty, setting forth the malconduct of the governor and lientenant-governor :
" That they have taken steps to interrupt and alienate the affections of your majesty and rightful sovereign from this loyal province, and to destroy the harmony and good-will between Great Britain and this colony, and have striven to excite the resentment of the British admin- istration against this government, and to prevent our humble and repeated petitions from reaching the ear of your majesty ; and finally, that the said Governor Thomas Hutchinson and Lieutenant-Governor Andrew Oliver have been among the chief instruments in introducing a fleet and an army into this province, to establish and perpetuate their plans, and have created discords between the several parts of your maj- esty's extensive dominions, and are justly chargeable with all the cor- ruption of morals and bloodshed which have been the natural effects of posting an army in a populous town."
" Wherefore, we most humbly pray that your majesty would be pleased to remove from their posts in this government said Thomas Hutchinson, Esq., and Andrew Oliver, Esq., and place such good and faithful men in their stead as your majesty, in your great wisdom, shall think fit.
"In the name and by order of the House of Representatives."
THOMAS CUSHING, Speaker."
These letters were the private correspondence between Gov- ernors Hutchinson and Oliver with Mr. Thomas Whately, a
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gentleman in London, and member of Parliament, who had been secretary to the treasury, but who was then out of that office, the substance of which letters related to the several pub- lic measures then being transacted in both the colonies and the government of Great Britain.
The effect of which was to disclose in advance, not only the aets of the Legislature of Massachusetts, but the acts and opin- ions of prominent individuals in the colony, operating as advisory steps for influencing measures favored by the gover- nors, but opposed by common sentiment.
Indeed, attempting to defeat the objects of the colony in measures of relief from the unconstitutional and burdensome acts of Parliament.
These letters had, by some means unknown, fallen into the hands of Dr. Franklin (Mr. Thomas Whately then being de- ceased, and his estate in the hands of his brother, Mr. William Whately). The doctor, believing that letters of this character, although written with eantions of secrecy, and designed to be kept private, yet addressed by one set of public men to another, known to be influential, and interested in the public affairs of which these letters treated, possessed the character of public correspondence, and ought to be made known to the leading men in Massachusetts and the Legislature, whom they most interested, and therefore sent them to Boston for the benefit of Massachusetts, of which province he was then an agent.
It appears that, for a time, there was great anxiety to know who procured and forwarded these letters to America ; a Mr. John Temple, then an officer of the customs, was accused of it in the English papers. He vindicated himself, upon which a public altercation ensued between him and William Whately, brother and executor of Thomas Whately, to whom the let- ters had been addressed. Dr. Franklin, having been desired to keep the matter a secret by the party from whom he re- 11A
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ceived them, and also his ageney in forwarding these letters to Massachusetts, suffered for a time this altercation to go on, supposing it would soon subside without any ill effects ; but to his regret it resulted in a dnel between these parties, when Mr. Whately was wounded. He then continued to delay a disclosure of the facts, thinking this duel would end the mat- ter between them ; bnt finding the duel was to be repeated as soon as Mr. Whately had sufficiently recovered, determined at once to make it known publicly that it was he who for- warded this correspondence to Boston. His communication was directed to and published in the Public Advertiser, in Lon- don, signed, " B. Franklin, Agent of the House of Representatives of Massachusetts Bay ;" dated " Craven Street, December 25. 1773."
The foregoing petition of the Massachusetts Legislature, and its presentation, preceded this acknowledgment, and all were brought before his majesty's council at the council chamber, January 11, 1774. Present: lord president, the secretary of state, and many other lords ; also, Dr. Frank- lin and Mr. Bollan, agents of the house of representatives of Massachusetts; and Israel Mauduit and Mr. Wedderburn, agents for the governors. After the ease had been opened in the council, Dr. Franklin, finding that Mr. Mauduit had engaged council to aid him, in the person of Mr. Wedder- burn, claimed and received like privilege, and for that pur- pose the case was adjourned to Saturday, January 29, 1774.
On the occasion of this hearing before the lords in council, after establishing the facts as to the validity and the objects of these letters, set forth by Dr. Franklin's counsel, in his be- half, and that of the representatives of Massachusetts, show- ing their tendency to injure the canse of the province of Massachusetts, and to create a prejudice wrongfully with his majesty, sufficient in their opinion to justify the removal of these governors from their offices by his majesty, as prayed
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for in the petition now before the council, all of which being done in a respectful manner, the case was opened on the other side, in behalf of the governors, by Mr. Wedderburn, very elaborately and acrimoniously.
Instead of justifying the governors, or vindicating their conduct in the administration, which was the matter com- plained of, he bent the whole force of his inflammatory invec- tives against Dr. Franklin ; he even accused him of being an aspirant for the office of governor of that province.
He said the letters could not have come to him by fair means ; nothing could acquit him of a charge of obtaining them by fraud and corruption, and for the most malignant purposes :
"My lords, you will mark and brand this man, for the honor of this country, of Europe, and of mankind.
"He has forfeited all the respect of societies and of men.
" Into what companies will he hereafter go with an unembarrassed face, or the honest intrepidity of virtue ? Men will watch him with a jealous eye; they will hide their papers from him, and lock up their escritoires. He will henceforth deem it a libel to be called a man of letters-homo trium literarum."
" But he not only took away the letters from one brother, but kept himself concealed till he nearly occasioned the murder of the other. expressive of the coolest and most deliberate malice, without horror."
Here he read the letter of Dr. Franklin, printed in the Public Advertiser:
" To the Printer of the Public Advertiser:
" SIR-Finding that two gentlemen have been unfortunately engaged in a duel about a transaction and its circumstances of which both of them are totally ignorant and innocent, I think it incumbent upon mne to declare (for the prevention of further mischief, as far as such a declaration may contribute to prevent it), that I alone am the person who obtained and transmitted to Boston the letters in question. Mr. Whately could not communicate them, because they were never in his possession ; and for the same reason, they could not be taken from him by Mr. Temple.
"They were not of the nature of private letters between friends. They were written by public officers to persons in public stations, on public affairs, and intended to procure public measures : they were there- fore handed to other public persons who might be influenced by them to produce these measures,
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" Their tendency was to incense the mother country against her colonies, and, by the steps recommended, to widen the breach, which they effeeted. The chief cantion expressed as to privacy, was to keep their contents from the colony agents, who the writers apprehended might return them to America. That apprehension was, it seems, well . founded ; for the first agent who laid his hands on them thought it his duty to transmit them to his constituents.
"B. FRANKLIN, "Agent for the House of Representatives of Massachusetts Bay.
" Craven Street, December 25, 1773."
Mr. Wedderburn then resumed his argument :
" Amidst these tragical events ; of one person nearly killed ; of another answerable for the issue; of a worthy governor hurt in his dearest interests ; the fate of America in suspense : here is a man, who, with the ntmost insensibility of remorse, stands up and avows himself the author of all; I can compare it only to Zanga, in Dr. Young's 'Revenge:'
' Know, then, 'twas I; I forged the letter-I disposed the picture; I hated-I despised-and I destroy.'
"I ask, my lords, whether the revengeful temper attributed by poetic fiction only to the bloody African is not surpassed by the coolness and apathy of the wily American."
Such was the character of this bitter invective, as printed, occupying many pages.
Dr. Franklin, then deputy postmaster-general in the colonies. the founder and chief organizer of the postal system in America, was dismissed from his office, and the petitioners granted leave to withdraw.
The spirit which actuated a large majority of the British Parliament at this time left but little or no hope of justice being extended to the American colonies.
Mr. Wedderburn, for this harsh and unjustifiable attack upon the character of Dr. Franklin, with other severe criticisms upon the colonists, soon after was honored with the title of Lord Loughborough.
Dr. Franklin had now been continued the agent of Pennsyl-
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vania and Massachusetts at the English court nearly ten years, and for his vigilance and energetic efforts in attending to his duties in that respect, had incurred the displeasure of the ministerial party, who had determined upon carrying out their plans of parliamentary legislation for taxing and humbling the colonies.
Yet while the dominant party were frequently casting their severe strictures upon the character and boldness of this inde- fatigable agent, there were not wanting those who had a proper respect and appreciation for his just merits as a man of science, learning, and statesmanship.
On another time, when his character had been severely aspersed by Lord Sandwich on an occasion when Lord Chatham had brought in a bill for reconciling the difficulties with the colonies, by his (Lord Sandwich's) remarks on the same, by moving its immediate rejection, saying,
"That it ought to be immediately rejected, with the contempt it deserved ; that he could never believe it to be the production of any British peer; that it appeared to him rather the work of some American;" and turning his face towards Dr. Franklin, who was leaning on the bar, said, " he fancied he had in his eye the person who drew it up, one of the bitterest and most mischievous enemies this country had ever known. "
And while others followed in a similar strain, some favor- ing this bill, Lord Chatham, in reply to Lord Sandwich, took notice of his illiberal insinuations, and acknowledged that the plan was not that person's, as had been suggested, and declared,
" That it was entirely his own, a declaration he thought himself the more obliged to make, as many of their lordships appeared to have so mean an opinion of it; for if it was so weak or so bad a thing, it was proper in him to take care that no other person should unjustly share in the censure it deserved. That it had been heretofore reckoned his vice not to be apt to take advice; but he made no scruple to declare, that if he were the first minister of this country, and had the care of settling this momentous business, he should not be ashamed of publicly calling
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to his assistance a person so perfectly acquainted with the whole of American affairs as the gentleman alluded to (Dr. Franklin), and so injuriously reflected upon ; one, he was pleased to say, whom all Europe held in high estimation, for his knowledge and wisdom, and ranked with our Boyles and Newtons; who was an honor, not to the English nation only, but to human nature."
While this excitement touching the affairs of the colonies was increasing and becoming intense in England, a similar and perhaps greater feeling of enmity against the mother country was daily becoming more general and severe in America.
At this point in the excitement the East India Company, through embarrassments in its affairs, much of which had been created through the improper interference of the government, which now, as a measure of relief, had released it from most of the duties heretofore levied upon the export of its teas to the American colonies, and to relieve itself of an unusual quantity of its teas then in the store-houses in England, about seventeen millions of pounds, equal to two years' supply, formed the plan of shipping its teas to America, instead of disposing of them as heretofore to merchants for that purpose. This plan was favored by the government, with only three pence duty to the pound ; but it was strongly opposed by the merchants as a direct interference with their legitimate business, and created much ill-feeling in both England and America. Thus, it is seen, there was a strong opposition to it, both in a business point of view and politically; while, in the first instance, it dis- turbed the due course of trade, in the latter it was indirectly establishing a principle of taxation, not only odious to the colo- nists, but one that they had, in all the colonies, repeatedly advised the English government could not be submitted to without an infringement of their constitutional rights as British subjects.
Furthermore, there was an appeal by Massachusetts to their charter rights, under the charter of William and Mary, granted
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October 7, in the third year of their reign, 1691, under a clause in that charter which reads as follows :
" And further, our will and pleasure is, and we do hereby for us, our heirs and successors, grant, establish, and ordain that all and every of the subjects of us, our heirs and successors, which shall go to and in- habit within our said province and territory of Massachusetts Bay, and every of their children which shall happen to be born there, or on the seas in going there, or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects within any of the dominions of us, our heirs and successors, to all intents, constructions, and purposes whatsoever, as if they and every of them were born within this our realm of England."
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