USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 19
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The governor informed the house, at this time, that when he received any special instructions from the king, which he was daily expecting, he would communicate them. In reply, the house observed, " when your excellency shall be directed to speak to us with greater authority than your own, we shall be all attention ; being assured, that every thing coming from his majesty will be full of grace and truth." Soon after, letters were received from the secretary of state, accompanied by an official notice of the repeal of the stamp act; in which refer- ence was made to the declaration connected with it, of the right of parliament to legislate for the colonies in all cases ; and re- quiring also that compensation be made to those who sustained losses by the riots of the preceding year. The governor im- mediately sent the letters to the general court ; and urged them to indemnify the persons whose property was destroyed. He
" At this session, the governor had given his veto to the election of James Otis, as speaker - and he withheld his consent from the following persons, chosen counsellors ; Colonel Otis, Thomas Saunders, Samuel Dexter, and John Gerrish and of this, the house had equal right to complain, as he had of their passing by his favorites.
Samuel Adams.
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also observed, that if any " objections were made to it, or any attempts still to disquiet the minds of the people, those who were the authors ought to be marked out for punishment, or disgrace."*
On this occasion, the council addressed a separate answer to the governor, so firm and spirited, that justice to their charac- ters requires a full statement of its contents. " It is with pain we express our apprehension that your excellency's speech may lead some, not acquainted with the state of the province, to form such an opinion of the people as they do not deserve. Surely, you cannot mean to impute the enormities, committed by a few abandoned persons, to the body of the people, or to either branch of the government. We are sure no ill-temper prevails among the people, notwithstanding your intimations ; nothing which can lead parliament to regret its favor in the re- peal of the stamp act, as your excellency seems to intimate.
" Your excellency is pleased to say, that the government has been attacked in form, and oppugnation made to the au- thority of the king, because the two houses have exercised a legal right in the choice of counsellors. A regard to justice and truth, to our own character and the reputation of the pro- vince, oblige us to speak with freedom, but without intending any disrespect to your excellency. Silence on such an occa- sion would merit the imputation, which your excellency's lan- guage tends to lay on us. Can it be justly said, that the peo- ple of the province have attacked the government and are guil- ty of oppugnation to his majesty's authority, because their rep- resentations have not chosen the men to be counsellors, whom your excellency would prefer, and who have before had a seat at the board ? Your excellency has seen fit to exercise the right of rejecting several persons chosen by the house and the general court, but no one complains that it is an attack on the government. And we feel it our duty to bear testimony to the loyal and dutiful temper of the people, and the constitutional proceedings of the house of assembly. We really hope, that, because an election is made not agreeable to the chair, it will not be said the government has been attacked or the king's au- thority opposed."+
* It was supposed, that he had particular reference to Samuel Adams, and James Otis. They were the most decided, zealous and active-and had they cowered under the threats of the royal governor, the cause of liberty must have greatly suffered.
t It was proof of great presumption in the lieutenant governor, that, when not chosen to the council, of which the governor made so loud complaint, he still took a seat at the board. A committee of the house, going with a mes- sage to the council, some days after the elections, were much surprised to
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The reply of the house was equally firm and independent .* They contended for a right to elect such men into the council as they saw fit ; and to decide in what way and to what amount a grant should be to those who suffered by the riots of the former season ;- and they voted to postpone the subject, that they might learn the opinions of their constituents. As to their right of electing one man or another, they must be the sole judges, and they hoped to exercise their right with discretion- they must protest against the control or direction of the chair in their elections-and however wise, prudent, and mild was the present executive, they had no assurance that his successor would possess those shining virtues. As to the residue of the speech, they said, " they were sorry to be constrained to ob- serve, that the general air and style of it savors much more of an act of free grace and pardon, than of a parliamentary ad- dress to the general court ; and we sincerely wish your excel- lency had been pleased to reserve it for a proclamation."
At this session, (June 1766) a loyal and humble address was prepared and sent to the king, expressing the thanks of the house for his clemency in approving the act for the repeal of the law imposing duties on stamps. This address was a fair expression of the opinions and views of the representatives of Massachusetts at that period of political controversy and alarm. It may not be difficult to show, that they recognised the su- premacy of parliament more readily at one time, than they did at others, or, that, in protesting against the charge of their po- litical enemies of aiming at absolute independence, they spoke more submissively, than they did when laws were made to tax them and raise a revenue in the province without their con- sent. Then they pleaded for the sole and exclusive right of legislation. A qualified supremacy in parliament, they did not indeed, deny-and yet insisted on the power of the subordi- nate legislation in the province for laying all taxes on the peo- ple. The right derived from nature and recognised by char- ter, they held sacred, and boldly asserted-but at the same
find the lieutenant governor had taken a seat there. They remonstrated to the council immediately, against the conduct of Mr. Hutchinson. He at- tempted to justify it, and to claim a seat, as lieutenant governor. The house still complained, and insisted, that, though in the absence of the gov- ernor, he had a right to the chair, he had no right to a seat at the board, at any other time. The council agreed with the house, and the lieutenant governor gave up his claim.
* Mr. Bowdoin was supposed to be the writer of the answer to the council -a part of which only is given. Mr. Hutchinson said that Mr. Bowdoin was the leading member of council, after he was left out ; and that he was gen- erally in sentiment with the friends of liberty in the house.
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time called themselves the faithful subjects of the king, and professed submission (with some exceptions) to parliament. Mr. Hutchinson argued, that they must either submit to parliament, or admit that they claimed independence. They were not willing to allow the alternative. But when the crisis came at last, and parliament made laws and the ministry gave instruc- tions which were opposed and resisted, a REVOLUTION was the inevitable consequence.
Governor Bernard was disposed to assert the authority of parliament and the prerogative to the fullest extent : and was often less guarded and less prudent in his language than Mr. Hutchinson. When the stamp act was repealed, and the peo- ple were disposed to be quiet, he used irritating expressions, and plainly intimated, that if there were any more disorders or complaints, they must expect no lenity, but force, to oblige them to submit. This produced warm, and sometimes intem- perate and indecorous replies from the representatives. When the lieutenant governor and other friends of the governor were left out of the council, he charged them with an attack on the government, and oppugnation to the king. They replied with warmth and severity ; and they had just cause for both. His arbitrary principles were offensive to their high spirits, and they believed dangerous to the liberties of the people. They retorted his charge of causing discontents and alarm ; and little cordiality from that time existed between them. They con- sidered him the agent of an administration, claiming to exercise a power over them inconsistent with their rights and hostile to their prosperity. The British government had recently mani- fested a determination to extend its authority to the colonies ; which, however claimed before, had seldom been fully exerted, and which their fathers opposed or denied. They were con- vinced of the governor's devotion to the views and plans of the British ministry, for reducing them to the lowest degree of co- lonial dependence, and for governing the people by foreign officers ; and had no expectation that he would contend for the rights of the province. If the governor, or Mr. Hutchinson ever applied to England, in behalf of the province, it was for favors ; whilst the true friends of liberty sought for redress from op- pression, and boldly resisted all arbitrary exercise of power in the parliament or its agents. Every session of the general court, which brought the governor and the representatives to- gether was sure to produce collision and crimination. He contended for submission to acts of parliament and to ministerial instructions ; and they asserted their rights, as free-born Eng- lishmen, and the power granted by charter. The two parties
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were thus at issue early in the dispute ; neither would yield, but urged each their claims with increasing feeling and obsti- nacy.
A portion of those, who sometimes voted with Mr. Hutch- inson and opposed some of the measures of the most zealous whigs, at this period, were the sincere friends of civil liberty. It was not from want of attachment to the principles of politi- cal freedom, but from timidity, that they did not give their voice in favor of all the measures proposed by James Otis, Samuel Adams and their friends. They readily united in re- monstrating against the sugar act, the stamp act and similar measures of the parent government, and in praying for redress ; but declined opposing the authority of parliament, as the more decided and daring spirits of the day did. They loved their country, but feared the opposition could not sustain itself, and that force would be used to oppress the people ; and the condi- tion of the province be far more abject and distressing than if submission were yielded to the laws of parliament. It was among the aged chiefly that such sentiments were declared ; and some apology is due to their prudence, or their fears, while far higher praise is due to those fearless patriots who opposed the giant strength of England, in defence of constitutional free- dom and the unalienable rights of the people.
After this period, it appears that governor Bernard kept the general court in session for as short a time as possible, and on- ly summoned them to meet to hear instructions and orders from the British ministry. Often when he called a meeting, they were suddenly prorogued, if found deliberating on measures to vindicate and preserve their rights. While together at the regular session in May and June, the house chose a committee, by recommendation of the governor, to inquire who were ac- tive in the riots of 1765, though they then declined making compensation to the sufferers. The committee met and gave notice to the governor, who had said, that the rioters were known, and that proof could be easily given, if an investigation should be made. But he was not able to produce evidence to fix the charge on any individuals. Still he complained " that justice was not done, that the house was disposed to wink the matter out of sight," and intimated that the inhabitants of the town were answerable for the disorders, unless they would de- tect the individuals who had committed them. In October, the governor summoned a special meeting of the general court, and desired them to say expressly, whether they would, or would not grant compensation to those, whose property was destroyed by the mob, the preceding autumn : and he was so
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unwise as to tell them, when that single subject was decided, he should immediately send them home. To this ungracious speech, the house of representatives replied with great firm- ness and decision ; and alluded to his former message on the subject, in which he spoke neither with becoming dignity nor good temper. " The manner in which your excellency has repeatedly urged compensation to the sufferers by the riots," (they say ) " is derogatory to the honor of the house, and in breach of the privileges thereof. The terms used are very dif- ferent from those dictated by the king's express command, as signified in a letter from the secretary of state. They tend to weaken the inherent, uncontrollable right of the people to dis- pose of their own money to such purposes as they shall deem expedient, and to no other. The house, however, with most dutiful and profound respect for his majesty's gracious and mild recommendation, have passed a bill, to be sent to the several towns in the province for the consideration of the people ; granting compensation to the sufferers, and a general indemnity and pardon to the offenders." The preamble to the bill was as follows :- " As the king's most excellent majesty, from a de- sire that the sufferers in the late riots should be compensated, and a veil be drawn over the late unhappy excesses, has been pleased to signify his intention to forgive and forget them, at the same time, in his abundant clemency recommending com- pensation to the sufferers ; from a grateful sense of his majes- ty's grace and clemency, in order to promote peace and safety, to make compensation to said sufferers, and thus to demonstrate to the world a sense of the happiness we enjoy, in being a part of the British empire, and being entitled to the rights, liber- ties and privileges of British subjects, we, his majesty's most dutiful and loyal subjects, the representatives of the commons of this province, in general court assembled, have resolved to give and grant," &c.
This bill was passed in December, 1766; and resolves were also adopted by the house, declaring the reasons for making the compensation ; which were, " from a loyal and grateful re- gard to the king's mild and gracious recommendation, from deference to the opinions of the illustrious friends of the colonies in England, and for the sake of internal peace and order, with- out regard to any interpretation of his majesty's recommenda- tion into a requisition precluding all debate and controversy ; under a full persuasion that the sufferers had no just claim on the province; and that this compliance ought not, hereafter, to be drawn into a precedent." The resolves further assert, " that the resolutions of the house of representatives had not, as
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charged by their enemies, produced the riots; since the riots happened in August, and the said resolutions were passed in October after." *
The letter from the British minister, used the term recom- mendation, in urging a compensation to the sufferers; but the governor made use of more dictatorial terms, which gave the offence, and which gave occasion for the house to reply to him with more than usual severity. It was a question in the British house of commons, whether the word recommendation was sufficiently strong ; but by the influence of Pitt, and other friends of the province, it was used as most consistent with the liberties and rights of the people; at the same time it was urged as a reason for the provincial legislature to comply with the views of the British government.+ The house seized the occasion, and voted a grant to be made, without yielding any thing of the great principle, for which they were contending.
The restrictions on trade, and the high duties on articles im- ported into the province, which had often been cause of com- plaint, were again, in 1766, the occasion of general discontent, and of remonstrances to the British government. The subject was under consideration by the house, in June and in Novem- ber. The merchants were consulted, and letters addressed to the agents in England for relief. An attempt was also made in parliament, but without success. The merchants in London joined the political enemies of the province, and a bill was brought into parliament laying duties on paper, glass, tea, and some other articles : but the privilege was given to carry lum- ber and potash directly to Ireland. The appointment of addi- tional officers of the customs from England, also increased the discontents of the people. For it was not only considered op- pressive to pay such high duties, but it was feared that officers, who were not citizens of the province, but strangers to the people, would be arbitrary and vexatious in their conduct. And the event justified the fears and predictions of the intelli- gent friends of liberty. When it was found that petitions and
* These resolves, in answer to the governor's speech, and the bill for the relief of sufferers by the riots in 1765, were prepared by James Otis, Jr., Samuel Adams, Samuel Dexter, and Joseph Hawley. They were the most active and influential patriots of that period. To whom should be added James Bowdoin, of the council, and Thomas Cushing, James Otis, Sen., Thomas Saunders, Colonel O. Partridge. Of the less firm ad- vocates for liberty, when the dispute became more serious, but in 1765, were among its supporters, were William Brattle, Colonel Bowers, General Winslow, R. Tyler, E. Gray, Sheaffe, and Ropes.
t There was a partial change in the ministry, at this time ; and the ad- ministration was somewhat more favorably disposed to admit the claims of Massachusetts to a right of laying all internal taxes; but the supremacy of parliament over the colonies, was asserted by the new as well as by the old ministry.
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remonstrances had no effect, most of the merchants, with other citizens, united in a resolution to import no more goods of the manufacture of England .* The measure was not deemed so hostile to Great Britain, as at a later period, when a similar resolution was made. Nor did it produce the injury to English manufactures, which some had expected. The ministry was too much determined to persevere in the policy of imposing duties on all articles carried into the colonies, and of regulating trade solely for the benefit of the parent state, to be moved from their purpose by any trifling inconvenience. The effect, in Massachusetts, was a far less importation of woollens, and an increase of the manufacture of cloth by the people.
In the fall of 1767, some troops of the royal British artillery arrived in the harbor of Boston, and it was said that more had been ordered, to be stationed in the province. The general court was not sitting at the time, and the governor directed that provision be made for them at the castle, though there was no legislative authority for such an expense. These troops were sent by virtue of an act of parliament of 1764, authorizing the king to order a military force to be stationed in any pro- vince he might choose, and to quarter them on the people. The act did not immediately go into operation; but the wary patriots considered it pregnant with much mischief, for they saw in it a preparation to enforce obnoxious and oppressive laws at the point of the bayonet.
When the session of January, in 1767, opened, the governor made a very short speech ; neither referring to the measures of the year then past, which had produced so much excitement, nor yet to the arrival of British troops in the province, and his order to quarter them on the province. The house commented freely on the following sentence of his speech, which was all it offered to their attention, except the usual tender of his co- operation in measures for the public welfare: your excellency is pleased to recommend to us, "the support of the authority of government, the maintenance of the honor of the province, and the promotion of the welfare of the people." "By the authority of the government, this house understands the charter rights and powers of the great and general court or assembly of this province, and the powers with which the civil officers of
* From twelve to fifteen ships arrived annually in the port of Boston, with the products and manufactures of Great Britain. But in 1767, the amount of goods imported from England was less, by £165,000, than in 1764; owing to the conduct of the British ministry, and a dislike of the acts imposing high duties ; and in 1768, a large ship, with English goods, was sent back, without unloading.
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the province are by law invested. While the members of the assembly firmly maintain those rights and powers, and the peo- ple sustain the civil officers in the exercise of their respective powers, in execution of the good laws of the province, then we apprehend the authority of government is supported. It is necessary for the support of this authority, that the representa- tives inform themselves of the extent of those rights and powers, and sacredly adhere to their own, as one branch of the legisla- ture: that they zealously assert the rights of their constituents, the people of the province; and that they endeavor to liave the people well acquainted with their natural and constitutional rights and privileges. And we shall always be glad to find your excellency exciting us to the discharge of this important duty." They also adverted to the conduct of the lieutenant governor, in taking a seat in council when he was not elected a member. "If he were introduced by your excellency, we apprehend that the happiest means of supporting the authority of government, or maintaining the honor of the province was not consulted therein. If he took a seat of his own motion, we are constrained to say, that it affords a new and additional in- stance of ambition and a lust of power, to what we have here- tofore observed .- We cannot promise your excellency that there will be no disagreement or diversity of sentiment among the members of the general court; this is hardly to be expected in a free assembly. In such cases, the house will consider their own honor concerned to debate with candor and to de- cide with judgment. Had your excellency any command from his majesty to lay before us, we should attend to it with the utmost respect and loyalty, being fully persuaded that our gracious sovereign will require nothing of us but what is just and wise. When you shall be pleased to communicate to us any proposal of your own, we shall duly consider its nature, importance and tendency, and act agreeably to the best light of our understanding."
The house requested, also, to be informed, whether any provision had been made, at the expense of the province, for the troops arrived in the harbor of Boston ; and whether more were expected. An artful reply was made by the governor, but not sufficient to satisfy or silence the house. He said he would order an account made out and sent to the house, of expenses incurred for the troops, the council having advised to provide for the troops, in pursuance of an act of parliament : as if the advice of council and an act of parliament were au- thority enough for the executive to expend the money of the people, and to quarter troops in the province, without a law of
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the general court. The house were not satisfied with the rea- son or argument of the governor, and rejoined to his reply, " that it was by virtue of the royal charter alone the governor and council had authority to draw money out of the treasury, and that only according to acts of the general court of the pro- vince,-and that it fully secured to the house of representatives the right of originating, granting and disposing of taxes. Your excellency, therefore, in giving orders by advice of council, to make provisions for the artillery companies at the castle, acted contrary to the plain meaning and intention of the charter. If there was, indeed, an immediate necessity for some provi- sion for the troops, we are surprised you did not give informa- tion of what had been done by the executive, neither at the last session, nor at the opening of the present. Your excel- lency and the council, by taking this step, have unconstitu- tionally and unnecessarily subjected the province to an expense, without giving the house an opportunity of passing their judg- ment on it, and have also put it out of our power to testify, by an act of our own, our readiness to grant to his majesty of our free accord, such aid as his service requires."
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