USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 18
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These opposing claims and opinions go to show, that a stand had been taken by Massachusetts, which if sustained would render the province almost independent of the government of England ; or if given up, there would be an end to the civil power as hitherto usually exercised, and the authority of par- liament be supreme and unlimited. This was the alternative, which some intelligent men apprehended, at this period, though none then probably sought for independence. The zeal and earnestness, with which the patriots, even at that early stage of the dispute with Great Britain, urged their rights and op- posed the claims of England, furnish evidence, that they look- ed to the consequences of measures, and that they thought their liberties must be ably defended, or they would be lost forever.
If the tax on sugar and molasses, to raise a revenue was de- nounced as inconsistent with charter rights and the principles of British liberty, the stamp act, by which all printed or writ -. ten public legal papers were liable to an excise or duty, met with still stronger opposition. It was considered as an internal
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tax, for the purpose of raising money in the province for the use of Great Britain. So far, indeed, as the former act was not a mere regulation of trade, but intended to draw a revenue from the province, without the consent of the representatives, it was opposed and reprobated. As to the stamp act, there was no disguise or deception in the case; the professed object was to raise money for the public treasury of England, except it should be all squandered on the officers of the crown in the province. Writs of all kinds, probate papers, deeds, and even diplomas for college degrees, were all subject to a duty.
At the session in January, 1765, Governor Bernard made a short speech to the assembly, and observed " that the present were times of difficulty and distrust; and recommended for- bearance and submission to the laws of parliament."
The representatives replied, " that though the times were difficult, they hoped not of distrust-that they would not dis- trust the wisdom and goodness of parliament, but would still rely on them, next to the wisdom and goodness of the Su- preme." No measure of great political importance was adopt- ed at this session ; except that an effort was made to withhold the extra grant to Mr. Hutchinson, as chief justice ; and it was allowed by a majority of only one vote. But when the court convened the last of May following, intelligence had arrived that the stamp act had passed ; and the governor endeavored to moderate the feelings of the people on the subject, in his
public speech. He said, " the character of the monarch was such as to realize the idea of a patriot king : and that the Brit- ish parliament was the sanctuary of liberty and justice, in whose proceedings they might have perfect confidence." To this speech, the house made no reply, but immediately chose a committee to consider the state of the province, who reported the plan of a convention to be holden at New York, composed of delegates from all the colonies, " to consult for the . liberty and safety of the people in this alarming crisis." A commit- tee was chosen, consisting of James Otis, Oliver Partridge and Timothy Ruggles ; * and they were instructed to consider the difficulties to which the colonies would be reduced, by the operation of the acts of parliament for laying duties and taxes on the people. The convention met in October following,
* Timothy Ruggles, one of the delegates from Massachusetts, was op- posed to the opinions advanced at the convention ; for which, on his return he was censured by the house of assembly. The resolutions went fully to deny the right of the British parliament to tax the people in America .- On that occasion, Mr. Hutchinson said, " it was not infrequently the case that the advocates for liberty denied others liberty to dissent from them."
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composed of delegates from Massachusetts, Rhode Island, New Jersey, Pennsylvania, Delaware and Maryland. They pre- pared petitions to the king and to parliament, in which they stated and urged the arguments and views presented in " The Rights of the Colonies," and in the public papers of the general court of Massachusetts, in 1764.
Before the time of holding the convention in New York, as proposed, had arrived, the people in Massachusetts became impatient under their repeated acts of oppression and tyranny, as they deemed them to be ; and their highly excited feelings hurried them on to acts of great irregularity and disorder. A mob collected, in the month of August, suspended an effigy of the person who was appointed to distribute the stamps ; and thence proceeded to attack his office and dwelling-house. And a few nights after, they made repeated assaults on the mansion of the lieutenant governor ; which they injured, and threw most of his furniture and books into the street.
These disorders were perpetrated by the lower class of the community-sober and intelligent men of the patriotic party regretted and condemned them. While the governor and his political friends endeavored to place them to the prejudice of the opposition, by representing them as enemies of law and order, those opposed to the late measures of the British ad- ministration referred to them as proof of the oppressions the people suffered, and by which they were driven to such acts of violence.
ยท On this occasion, the governor called the general court to- gether at an early day, and referring to the late riots, said, " the executive authority was too weak to maintain order and put the laws in force, and that he must place that arduous duty in their hands. Without entering into an argument as to the propriety of the acts of which they complained, he could only remind them, that being laws of parliament, they ought to be obeyed." " The right of parliament to make laws for the colo- nies," he added, " however it had been controverted in the pro- vince, was undisputed at Westminster." He advised them " to oppose, not the legality but the expediency of the measures of which they complained : And he would have them reflect, that if the people refused to use stamps, there must be a sus- pension of all legal processes, and of all contracts in writing." He said " he was not disposed to magnify the dangers which were before them, but he thought the province was on the
Some valuable papers and letters, which Mr. Hutchinson had collected, were then destroyed, which was an irreparable loss.
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brink of a precipice, and that a sense of their danger was ne- cessary to their preservation." The governor also expressed his belief that the people needed to be enlightened and re- strained ; and yet a short time before he had represented the discontents in the province to be confined to a few ambitious individuals.
The house did not answer the governor's communication for four weeks ; for he prorogued the court two days after it was made to them, and at the end of that time he again called them together. They were then prepared with an able an- swer, and also passed resolutions expressive of their views, as to the policy which the British was pursuing, and of the rights of the provincial assembly. In their reply to the governor, they said, " that if the province was on the brink of a precipice, a sight of the danger was necessary to its preservation, and to despair of the commonwealth would be a certain presage of its fall -- that the people were awake to a sense of their danger, but their prudence would not be wanting to prevent the ruin of the province. " They believed the laws sufficient for the protection and relief of individuals, and they did not see the necessity of additional acts on the part of the legislature ; they could not oblige the people to use the stamps ; that they must judge for themselves ; and if the ordinary business was sus- pended, it was not the fault of the house.
The governor said that the stamp act was an act of parlia- ment, and ought therefore to be obeyed. The house observ- ed, that they would not question or limit the authority of par- liament-yet that there certainly were bounds to it : that con- stitutional principles set bounds to and ought to control even the parliament itself. The charter of the province, they said, gave to the general court the power of making laws for its in- ternal government and taxation, and the charter has not been violated. They asserted, that there were certain original, in- herent rights belonging to the people, of which parliament it- self could not divest them, consistently with the constitution ; one of which was a representation in the same body which ex- ercised the power of taxation : and the right of the colonies to make their own laws and lay taxes, they said, had never been questioned-to claim a right in parliament therefore to tax the people without their consent, (by their representatives) would be despotic. They complained that some of the essen- tial rights of magna charta, to which they had, as Englishmen, an undoubted claim, were injured by it ; that it cancelled the conditions on which our ancestors settled the country,-that it was totally subversive of the happy frame of a subordinate civil
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government, recognised in the charter, which secures allegiance to the crown, connexion with the nation, and to themselves the indefeasible rights of Englishnicn.
The governor said, in his message, that he had not made it his business to form any judgment of the stamp act. The house, in reply, expressed great surprise, that, as he had known the discontents and complaints which prevailed, and professed to be anxious for the liberties and welfare of the people, he had not examined the provisions of the law, which he would have seen were very injurious to the province. He also insin- uated in his message, that they had countenanced the riots, or had not opposed and condemned them with due severity ; on which it was observed by the house,-" we inherit from our fathers the highest relish for civil liberty ; but we hope never to see the time when it shall be expedient to countenance any methods for its preservation, but such as are legal and regular. When our sacred rights are infringed, we feel the grievance ; but we understand the nature of our happy constitution too well, and entertain too high an opinion of the virtue and jus- tice of parliament, to encourage any means of redress, but what are justifiable by that constitution. "
At this session, October, 1765, the house of assembly passed several resolutions, referring to the dispute then agitated, touch- ing the right claimed by the parliament, to lay taxes and raise a revenue in the province. These resolutions were unanimous- ly adopted, and fully show the views and sentiments then pre- vailing among the people. It was declared, that there were certain essential rights common to mankind, founded in the law of God and nature, and that they were recognised by the British constitution - that the inhabitants of the province were entitled to those rights, in common with all men, and that no law of society could justly deprive them of those rights - that no man could take the property of another without his consent, and that on this principle is founded the right of representation in the same body which made laws for raising taxes - that by . the royal charter, the people of the province were entitled to all the rights, liberties, and immunities of free and natural sub- jects of Great Britain - that those rights belong to the people of the province in common justice, as they settled the country at their own costs, and had defended themselves in time of danger ; and having large taxes to pay for the support of gov- ernment in the province, it would be unjust to require them to assist in the support of the government of England : that a representation of the people of the province in parliament was impracticable, and therefore the powers of legislation were
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allowed to be exercised in America; that therefore all laws made by any power whatever, other than the general assembly of the province, imposing taxes on the inhabitants, were in- fringements of their inherent and unalienable rights, as men and British subjects, and rendered void the most valuable declara- tion of their charter. ' They also complained of the powers exercised by courts of admiralty, where there were no juries, and cases were decided in a capricious and arbitrary manner. These resolutions, the house ordered to be recorded, " that a just sense of liberty and their firm sentiments of loyalty might be transmitted to posterity." *
While the general court was sitting, a vessel arrived from England with large quantities of stamp paper for Massachusetts, New Hampshire, and Rhode Island. The governor was at a loss how to dispose of them, and probably anxious to avoid giving offence ; and he asked the advice of the council, who referred him to the house of representatives. The house said, in reply to a message from the governor on the subject, " that as the stamps were brought into the province without their directions, it might prove of ill consequence for them to take any concern in the matter. " The governor again asked the opinion of the council as to the proper disposition of the stamps, who advised that they be deposited at the castle, to wait the orders of the British ministry. The officer, Mr. Oliver, had before declined to receive the stamps, and had resigned his office as distributor of them.
* Hutchinson attributes the answer of the house and tlfe resolutions, to Samuel Adams, who was one of the committee. Thomas Cushing and Samuel Dexter were also members of it. James Otis was absent. The style and sentiments fully confirm the opinion of Mr. Hutchinson.
CHAPTER XII.
Judicial Courts suspended, on account of Stamps-Opinion of Representa- tives, and of the council thereon-Dispute with governor and Council on drawing money from the treasury-Extracts from Governor's speeches, and answers of the House-Stamp Act repealed, and assertion of the right of Parliament to make laws for the Colonies-Mr. Pitt-Dispute with Governor about choice of Counsellors-Reflections of the Council on the Riots-Address of House to the King-Political views of Gov- ernor Bernard-Different opinions among the people-Dispute in grant- ing compensation for the losses by the mob-Trade-Arrival of British troops-Dispute about expenses of the troops.
IT now became an important question, whether the courts should proceed without the use of the stamp paper, and whether any business could be legally transacted, where there were written contracts, without them. The citizens of Boston peti- tioned the governor and council to direct the courts to proceed without them. The general court being in session, appointed a committee on the subject, and the council joined several members of that board; but though a report was made and accepted in the council, the house did not approve, and it was continued to the January session following. The report was in favor of the courts proceeding in the usual business, as though no such act of parliament had been passed. In January, it was proposed by the house to add to it, "that the courts be directed to sit immediately ;" but the council seem not to have been willing to order the court to sit, but stated that it was understood the courts would be holden as formerly. Early in the spring they were held at the regular terms. As the courts had been suspended during the fall months, the house was desi- rous of directing them in January to proceed in their proper duties. The council were not backward in condemning the stamp act, and they expressed an opinion, that the courts might proceed without stamps ; but were unwilling further to interfere ; they said "the most sensible and judicious persons in the colonies looked on the act as grievous and unconstitution- al; and that it was believed no one would think it consistent with his reputation to distribute the stamps." When the
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stamps were deposited at the castle, the governor and council ordered additional men as a guard ; and afterwards issued war- rants for their wages, without having the authority of a resolve of the house for it. This was a subject of heavy complaint, as a dangerous precedent. The house remonstrated against it to the council ; and the latter excused their conduct, by saying that the exigency required it. The house insisted, that it was highly improper ; but granted that the executive might justly order the men for protection, though it should not decide their pay, nor draw money from the treasury without a resolve of both branches of the legislature. The danger to the liberties of the people from such power in the executive was pointed out by the house ; and in a second address to the council, there was a solemn protest against the principle.
The last day of the court, the governor sent a long message to the house, in which he criminated their conduct, and com- plained that he had not been treated with due respect. The first day of the following session, the house made a full reply ; in which they observed, " that they should have been happy to have passed it in silence, but felt bound to notice some parts of it, as he had borne hard on them. They could not suppose," they said, " that he meant to push the prerogative so far, as to impose silence on them. They expressed surprise that he should say, the disordered state of the province had affected its very councils ; and to intimate that it was on the eve of a rebel- lion. Impartial history," they said, "would testify, that the people of the province, after giving the strongest testimony of their loyalty to the king, also gave equal testimony of a love of liberty and a regard to those principles, which are the basis of his majesty's government, by a glorious stand even against an act of parliament, when they saw their essential and unaliena- ble rights disregarded and infringed -and that they had know- ledge and virtue enough to regulate their opposition by law. Your excellency says, the times have been made more difficult than they need to have been ; which is our opinion also. They who have made them so,* have reason to regret the injury they have done to an honest and virtuous people. We hope tran- quillity will be soon restored. The custom-houses are open, and the people permitted to attend to their usual employments. The courts of justice also must be open ; open immediately ; and the law, the great rule of right, be executed. The stop- ping of the courts of justice is a grievance which this house
* The governor and lieutenant governor had before this written to England, approving of the stamp act, if they did not even recommend it.
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must inquire into. Justice must be administered through the province. In the mean time we shall wait in hope that the loyal application to the king for a repeal of the stamp act will succeed. " With reference to the declaration of the governor, in his speech, that he had not interfered with the stamp act, the house say, " they were sorry, when he knew what interest and alarm it had excited in the province, he should not have exert- ed his influence in their favor, and represented the feelings and complaints of the people on the subject. "
At the session of the general court, in January, 1766, the governor made a very short speech, and said, " that when the time should come that his services would be acceptable to the province, he should gladly use it for their benefit. "" The repre- sentatives replied, " that they had never known the time, since he had been in the chair, that his services would not have been acceptable and useful ; and, that in seeking the welfare of the province, they could not but still hope for his assistance."
The British minister had given directions that the stamp act, and the mutiny act, passed about the same time, should be pub- lished by authority in the province ; and the governor desired the house of representatives to give orders accordingly ; but the house declined. The governor, by advice of council, directed that they should be published. The house com- plained, that this was done contrary to their opinion, and an expense incurred for service which they wished not to be per- formed. They represented it as arbitrary and unconstitutional. At the same time, they complained, that the governor had an irresponsible council, who met at his house every week, and advised to improper measures, some of which were specified. These complaints were expressed in the form of resolutions, and published. They also complained again, that the judicial courts were shut, which tended to dissolve the bonds of civil society ; and was an intolerable grievance, and ought forthwith to be redressed.
While remonstrances were made against the stamp act, as an unconstitutional measure, it was also represented as oppressive, and petitions were offered for its repeal. In asking this, the general court made strong professions of loyalty, and were care- ful to acknowledge their allegiance to the crown.
Their denial of a right in parliament to pass the stamp act or to impose taxes on the people in the province, was a great hindrance to its repeal. The ministry thought it would be yielding too much ; that it would be admitting, in effect, that the parliament had no right to legislate for the colonies ; which they would not for a moment allow. This was evident from
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declarations in parliament, from some of the minister's letters to the governor, and from the agents of the province in England to the general court. But the opposition was so decided and so general in the colonies against the stamp act, and the agents and friends of Massachusetts were so active in remonstrating against it, that early in the winter of 1766, it was made a question, whether it would not be both just and politic to re- peal it. The proposition was received with no favor at first ; but various considerations united to produce an opinion for the policy of withdrawing it. It was admitted to be a novel mea- sure, even if just and constitutional ; for it was found, " that it had not been the practice of England to lay internal taxes on her dominions which were not represented "-and " that the statute book abounded with judgments of parliament, that inter- nal taxes ought not to be laid without consent of parliament, or the representation of that part of the kingdom which paid." And some apprehended serious resistance from the colonies, should attempts be made by ministers to enforce the law .--- Many able statesmen in parliament spoke earnestly for repeal- ing the act, and against the justice of passing it at first ; among whom were Mr. Pitt, Mr. Pownall, who had been governor of the province, the dukes of Newcastle, of Grafton, and of Rich- mond, the lord high chancellor, and the chancellor of the ex- chequer. Mr Pitt said, " this kingdom has no right to tax the colonies ! We give and grant to his majesty, the property of his subjects in America ! It is an absurdity. The commons of America have always been in the exercise of this constitutional right of granting their own money ; and they would have been slaves, if they had not enjoyed it." .
If the repeal of the stamp act had not been coupled with an offensive and alarming declaration, " that the parliament of Eng- land had a right to bind the colonies in all cases whatever," the measure would have given entire and universal satisfaction. But, while relief from an actual burden gave great joy to the com- mon people, and all classes rejoiced in the event, the more in- telligent patriots received it with distrust and anxiety, because the principle, against which they had been contending, was avowed and asserted, and was to operate, on future occasions, to the prejudice of their rights and liberties, as the will of the ad- ministration might dictate. After the stamp act was withdrawn, which they had prayed might be done, still to complain might be construed against them ; and to acquiesce in silence in the sentiment advanced, would be wrong, and might soon produc most arbitrary measures. The governor took advantage of/ occasion to tell the house, " that he presumed they were
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isfied and grateful ; and if any should complain, they must be deemed of a factious spirit, and of very bad tempers. "
The chief cause of this reflection from the governor on the house was their omitting to elect such counsellors as were most agreeable to him ; and which he chose to construe into an in- sult on the king as well as himself, and even " as having a ten- dency to overthrow the government of the province." The persons, who had been several previous years chosen into the council, and left out in May 1766, were Mr. Hutchinson, (the lieutenant governor,) secretary Oliver, and judges Oliver and Trowbridge. The three first had become very unpopular, from the belief that they had favored the stamp act, and approved the plan of raising a revenue in the province by internal taxes for the treasury in England, or for high salaries to officers of the crown, and of a military force to sustain the custom-house officers in their oppressions. The house expressed their sur- prise, that the governor should consider their conduct in this respect so improper and dangerous ; they said, " it was their right to elect, and it was most unexpected to be censured for a legal and constitutional act. They believed they had chosen able and faithful men, and they had no doubt they would take good care of the interests of the province. The persons not elected, who the governor thought necessary to the safety and honor of the colony, had other employment and other offices, which required all their time."*
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