USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 21
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" By the common law, the colonists are adjudged to be natu- ral born subjects. So they are declared by charter ; and they are so by the spirit of the law of nature and nations. And no jurist, we think, will deny, that they are entitled to all the essential rights, liberties, and privileges of the king's subjects
* In 1767, an act of parliament imposed duties on glass, tea, paper, painters' stuff, &c., imported into the colonies ; not as a regulation of trade, but to raise a revenue ; and that revenue to be, not for the colonial treasur- ies, but for such purposes as the British ministers should direct. This was in pursuance of the declaration of parliament, on repeal of the stamp act, " that it had a right to bind the colonies in all cases whatever." At the same time, a board of British commissioners was established in Boston, to collect and distribute the duties ; and several military companies were also sent into the province to aid the custom-house officers. Hence the letters
and petitions above mentioned.
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born within the realm. The attorney general told King James, ' that he could no more grant a commission to levy money on his subjects in the colonies, without their consent, by their assemblies; than he could discharge them of their allegiance to the crown.' "
They also referred to the injury on trade arising from the duties on imported goods and products, and stated that they should not be able to take the manufactures of England as they liad done. It was said, that Great Britain received twenty-five per cent. more than would have been paid, if the colonies had taken them from other places. Goods were brought annually into the colonies from England, of the value of about two mil- lions ; and the tax really paid on them was four hundred thou- sand pounds. The restrictions on commerce, by which the colonies were prohibited from trading directly to other ports than English, were also shown to be for the benefit of Great Britain, and injurious to the people in America. Objections were likewise made to the appropriation of the revenue, thus to be raised, which was to support numerous officers appointed in England, and a standing military force to compel the people to submit to the arbitrary acts of the ministry ; and they mention- ed the dissolving of the general court in New York, by a ministerial order, because it declined to provide for quartering the British troops in that colony ; and pointed out the injustice of such a measure.
The governor and his political friends in the province were highly displeased with the proceedings of the general assembly in January, 1768; particularly with their circular letter to the other colonies, in which their opinions were requested on the interesting subjects therein suggested. The measure was rep- resented as having been urged by a few factious, discontented men ; and as designed to form a united opposition in the colo- nies to the late acts of parliament. Such representations were made by the governor that the British ministers gave him directions, that unless the circular letter was rescinded to dis- solve the general court. The governor informed them, that such orders had been received. The house requested copies of the minister's letters ; and also of the governor's letters to the ministry. They were desirous to know what he had writ- ten; for they believed he had misrepresented their views, touching the circular to the other colonies. They had not proposed a convention, nor any other plan of united opposition : and, on former occasions, such meetings had been held without giving offence to the government in England. There was a general desire, therefore, to see the late letters of the governor
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to England; but he declined: and the house refused, by a large vote, to rescind their circular letter. They also said, it would be of no avail ; for the letters had been sent several months before ; and no further action was intended by them. On their message to the governor,* stating that they had voted not to rescind, he immediately adjourned the court ; and the fol- lowing day issued a proclamation to dissolve it.t
This measure of the governor served only to increase the opposition, and to inspirit the leaders to greater resolution and activity. It was not in character for the patriots of that day to be easily intimidated, or driven from their purpose. Their minds were made up for the crisis, whenever it might arrive. And no obstacles or menaces could check their zeal in the just cause in which they were engaged.
In the month of June, at the instance of an officer of the cus- toms, a vessel belonging to a merchant of Boston was seized by a boat's crew of an English ship-of-war in the harbor, and forcibly taken from the wharf to the ship. The act was com- mitted in a violent manner, by cutting her fasts ; and the peo- ple were highly exasperated on the occasion. They assembled in the evening, and committed some disorders, and insulted some of the officers of the British ship, whom they found in the town. The seizure of the merchant vessel was made merely on suspicion, and unnecessary violence was committed by those who seized her. The general court was consulting on measures to punish the rioters when it was dissolved. The coun- cil, remaining in session, made a report on the subject, and authorized the governor to offer a reward for the detection of those concerned in the riot. But, at the same time, gave an opinion, that the seizure was an aggravated affair, and that some excuse was to be made for the irritation and disorder among the people afterward.]
The proceedings of the council, at this period, were firm and judicious. They addressed a letter to the agent of the
More than five sixths of the members of the house voted not to rescind. When the house gave the governor notice of their vote, they said " they were actuated by a sense of their duty to God, their king, their country, and their posterity ; and they hoped his future conduct would be governed by the same principles."
+ There was no secrecy in preparing and voting to send the circular to the other colonies ; and the governor was informed of the measure at the time by a committee of the house. The minister in England told the agent, " that he saw nothing unreasonable in it." The excitement was owing to a belief of gross misrepresentation by the governor.
# Mr. Pitt said in parliament, at this time, when opposing the oppressive measures of the ministry towards the colonies - " The Americans have been wronged ; they have been driven to madness by your injustice - Will you punish them for the madness you have occasioned ?"
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province, and to the ministry in England, complaining of the order to dissolve the house of representatives. They insisted, that the circular letter to the other colonies did not merit such a course ; the letter merely asking and giving advice. They spoke of the aların and discontents of the people arising from a dissolution of the general court ; of the oppressive effect of the new duties; of the arbitrary conduct of the officers of the customs ; and especially of the quartering of regular troops in the province .*
It was a period of great excitement, and every friend of liberty and constitutional law was anxiously meditating what course was proper to pursue. The merchants renewed the agreement not to import the manufactures of England ; and articles of mourning were dispensed with at funerals. The citizens of Boston met again, and prayed the governor to call the general court together, which he declined to do. He informed them, he could not summon the court, without an order from the British ministers; and if he should call them together, and they would not rescind the circular letter, or confess the error of issuing it, he should again dissolve it. They then proposed a convention in Boston, and requested all the towns in the province to choose members to attend it. A con- vention was accordingly holden in that place, in September, 1768, composed of delegates from more than one hundred towns. They were in session several days. The first measure adopted was a request to the governor to call a general court.+ But he refused to receive the petition, and said, it was an unau- thorized and irregular meeting. The convention disclaimed all legislative and governmental authority ; and declared the cause and object of the meeting were the alarms of the people, and the obtaining of relief from the oppressive system of imposts, custom-house officers,¿ and regular troops; which were griev- ances to the province, and incompatible with its just authority, its rights and liberties. They recommended to the people to refrain from all acts of violence and tumult, and to submit to all legal authority, till some way of relief should be opened to them. They prepared a letter to the agent of the province in
* Mr. Hutchinson says " that after the lieutenant governor was left out of the council, there was little freedom and independence in that body ; and that it became subservient to the views of the Icaders in the house."
t At this meeting, it was also voted, that the people of the province be advised to furnish themselves with fire-arms : and that a day of fasting and prayer be observed.
# The officers of the customs were very obnoxious to the people. The cadets, the governor's guard, voted not to dine with the commander-in- chief, on a public occasion, (June, 1768) if the commissioners were invited.
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England, and a petition to the king. In these, they said there was reason to fear, that misstatements had been made, by some in authority in the province, as to the conduct and designs of the people; in consequence of which regular troops were ordered to be stationed among them. They complained that the general court had been dissolved, and that petitions before forwarded to the king had not been presented. They stated that the people did not wish for independence, nor were pro- moters of riot and violence. " We hold that the sovereignty of his majesty, King George Third, (they said) is entire in all parts of the British empire ; God forbid, that we should ever act or wish any thing in repugnation of the same. We appear as plain, honest men, humbly desiring peace and order ; and while the peo- ple observe a medium between abject submission and a slavish stupidity under grievous oppressions, on one hand, and illegal attempts to obtain relief, on the other, and steadily persevere in constitutional applications to recover their just rights and liberties, they think they may promise themselves success."
So prudent and temperate were the proceedings of the con- vention, that, though the governor and his friends, at first, con- sidered it highly irregular, they spoke of its conduct afterwards without censure. Some of the government party said, "it was destitute of spirit, and that the expected arrival of more troops intimidated a majority of the meeting." It was a season of uncommon anxiety and apprehension through the province ; and it was difficult to decide, whether forbearance and modera- tion, or more spirited measures, were the most proper, and the most suitable to guard against continued or even greater acts of oppression. It was evident, there was a determination in ministers to enforce the acts of parliament, which in the prov- ince were considered unjust, even at the point of the bayonet. Whether they had adopted such a determination, from their own conviction, that it was necessary to carry the laws into effect, at all hazards ; or whether the advice of Governor Ber- nard, and others in Massachusetts, had induced the ministry to adopt such a course ; the belief of the people in fact was, that a standing army would be sent into the province, to awe, or to coerce them into submission.
This was a perilous condition, and required not only resolu- tion and spirit, but wisdom and prudence .* The province was
* From 1763 to 1766, James Otis, Jr., an eminent attorney of Boston, was the leading member of the house of representatives. His father, an inhabitant of Barnstable, was also one of the zealous and active advocates for the rights of the province. The education of the son was superior to that of the father : but both had talent, and energy of character. Mr.
.
O
Jaunes Bowdoin.
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weak, and England was powerful - a contest of force, at that time, would have been the extreme of folly and rashness. And yet, quietly to acquiesce in the measures of administration, was not in character for the men of that day, and it would have proved fatal to the cause of constitutional liberty. Prudent counsels prevailed ; and the effect was eventually favorable. There was no apathy, and no servile submission to arbitrary power. Proper remonstrances were made against the oppress- ive measures under which the people of the province were groaning ; and a spirit was gaining strength, as information prevailed, to meet impending difficulties. One of the greatest evils felt, was the want of a house of assembly, a constitutional body, to oppose tyranny, and to defend the people in the enjoyment of their rights and liberties. For, if the British min- istry could prevent the general court sitting, as they pleased, the regular way to seek relief and to oppose arbitrary measures could no longer be used. The evil was in some measure miti- gated by the vigilance and firmness of the council. They could be a check, in some cases, on the governor, though they could not perform any acts of legislation.
On the day of the adjournment of the convention in Boston, or only the evening before, two regiments of British troops arrived from Halifax, which had been ordered by General Gage, in compliance with instructions from England, to be sta-
Hutchinson charged them with ambition and selfishness; while the peo- ple generally were unable to account for his public conduct, except from the love of office and power. Samuel Adams, of Boston, was among the early supporters of the rights and liberties of the people. Before he was a member of the house, he had great influence with the committees, appoint- ed to prepare state papers, and took the lead in the proceedings of the town, relating to public affairs. He was chosen a member of the house in Sep- tember, 1765, in the place of Oxenbridge Thacher, (who died at that time) who was a very learned, judicious, and able friend of the province. Tho- mas Cushing, who was often speaker of the house, was a member for Bos- ton, and a warm supporter of civil liberty ; but he was not qualified to be a leader of opposition, in a time like that of 1765, and 1770. James Bowdoin was distinguished for wisdom, discretion, and cool judgment, yet not defi- cient in energy and decision of character, to contend against the ablest advocates of the British government. He was generally chosen into the council; and was there a great supporter of the measures proposed by the 'whigs in the house. He was also a scholar and a philosopher. Samuel Dexter, in some respects, was of a similar character to Bowdoin ; a man of the first education, of great reading, and well versed in the writings of Locke, Grotius, Hampden, Sidney, and Harrington. Joseph Hawley, an eminent lawyer of Northampton, was more like Otis ; ardent, zealous, and eloquent ; and in his writings against the friends of arbitrary power, full of severity and sarcasm. Thomas Saunders, of Gloucester, and Joseph Ger- rish, of Newburyport, were nien of influence in the house, and had the honor of being several times rejected by the governor, when chosen coun- sellors, merely because they were opposed to his arbitrary principles, and to the measures of the British ministry.
24
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tioned in the capital of Massachusetts. One or two others were also expected from Ireland ; intelligence having been received that orders had been issued for that purpose. The alarm produced by these events was universal and extreme. To have regular troops stationed in the province in time of peace, was altogether unprecedented. The only design was seen to be to compel obedience to the arbitrary orders of cus- tom-house officers, or of the governor, who was disposed to maintain his authority (and of the extent of his authority he was to be sole judge) at every hazard. And the prospect was the more exciting and alarming, as it was known that the gov- ernor and some others had given ministers an opinion, that order and law could not be maintained in Massachusetts with- out an armed force.
The popular excitement was so great, at this time, that the governor was alarmed for his personal safety. Some of the people were too much inclined to mobs ; and though most of the reflecting part of the town did not approve such violences, it was said, they did not use all possible efforts to prevent or punish them. Probably, the governor was conscious he had been the cause of sending troops into the province. He had been often charged with advising to it. Mr. Hutchinson says, that General Gage, at New York, then commander of the British forces in America, had orders to send troops to Massa- chusetts, whenever Governor Bernard should desire it. He once asked the advice of the council (in 1767) whether he should apply to General Gage for troops : and he enjoined se- crecy under their oaths, when he requested their consent. They advised against it ; and the troops were not applied for, at that time. Whether he made a request for them again in 1768, does not appear ; but the people generally supposed, that it was in consequence of his representations, the troops were sent in that year. Governor Bernard proposed leaving the province, at this period ; and said to his friends, that he had been more happy in New Jersey than in Massachusetts. The troops came, and he seems to have been more willing to re- main. The house had before this requested the British min- istry that Governor Bernard might be recalled. He was very unpopular at this time ; for it was known that he had greatly misrepresented the province.
Before the troops arrived, the governor informed the coun- cil, that they were soon expected, and desired them to order a place and provisions for them. The council advised that the selectmen of Boston might be consulted ; but they declined acting in the case. The governor then pressed the subject
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again before the council. They gave an opinion, after some deliberation, that the troops should be stationed at the castle ; and offered as reasons, that there was no necessity to quarter them in Boston, and that the accommodations at the castle were sufficient ; at least for the two regiments expected from Halifax; and they hoped no others would be ordered. The governor replied, that the directions were for part of the troops to be stationed in Boston, to preserve the peace and order of the town .* It was only proposed at first, to quarter one regi- ment in Boston, and to have the other stationed on Castle Is- land. But, the commander was told, on his arrival, that both the town and the governor's council were opposed to having the troops stationed in Boston ; and he resolved to land all in that place, instead of the castle. When desired to provide quarters for them, the council said there were barracks at the castle unoccupied, and that was the proper place for them. Under a pretence, that the troops were wholly under control of the colonel, and that he had no authority in the case, the governor had invited the military officers (and some others) to be present in council, when the request was made to the board, for quarters for the troops. And the colonel presumed to give his opinion, at the council board ; " saying, that no man out of Massachusetts would have objected to such a request, and that they had put a wrong construction on the act of parliament, which provided for the quartering of troops in the colonies." He also threatened to give information to the ministry, of this refusal of the council.+ The officer was so inconsiderate as to say, that there was a bad spirit in Boston, which had induc- ed him to land both regiments there. The council re- plied, that he was mistaken ; and they hoped he would repre- sent to the authority in England, that the people were peace- able and orderly; and would prevent the sending of more troops into the province. The council finally consented, that the governor, if he saw fit, might quarter the troops in Bos- ton, but that the expense must not be on the province, but on the British government.}
* The people said, "to overawe the friends of liberty, and to support British agents and officers in their conduct, howsoever oppressive or arbi- trary :" and " that the troops would not have been sent, but by advice of ill-minded persons."
t This was singular conduct ; and justly alarmed the friends of civil lib- erty. The representatives of the people were not allowed to assemble ; and even the council was overawed by the presence of a military officer, who was not of the board.
# The franie of a guard-house, which the British colonel, Dalrymple, had put up, at the south end of Boston, on the neck, was pulled down by the mob, the evening of October 10th, 1768.
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Soon after, General Gage arrived in Boston from New York, probably by request of Governor Bernard, and he too was in- vited to be present in council, when the governor asked advice as to the disposition of the regiments then expected from Ire- land. 'The governor proposed that the manufactory building, the property of the province, should be fitted up for the troops. After much urging by the governor, six out of eleven of the council consented that the building might be used for that pur- pose, provided there was not sufficient room at the castle ; and that the expenses be borne by the crown. The governor af- terwards, ordered the sheriff, accompanied by Mr. Hutchinson, to take possession, if he could peaceably : but he was prevent- ed, (as Hutchinson says,) "by some of the first-rate sons of liberty." General Gage then hired houses for the troops; but this was not done, without great difficulty. There was a strong objection to having regular troops in the town or provinces, and few were so sordid as to barter their principles of liberty for gold. While General Gage was in Boston, the council presented an address to him ; with a view to apologise for the late disorders, and to show that troops were not necessary to the quiet of the province, or the execution of the laws : and desiring him to order the troops in Boston to the castle, and to prevent any more coming into the province. The council of the next year complained that General Gage had misrepre- sented the state and temper of the people, and had advised, that the troops be kept in the province. Perhaps, nothing better could be justly expected of a military chief.
The prospect at this period (the winter of 1768-9) was encour- aging to the friends of administration, and the opposition party was almost ready to despond. There was no house of assem- bly-the governor and his supporters had the confidence of ministers-their ill reports of the province were believed, the oppressive and obnoxious laws were in full operation, and sev- eral regiments of mercenary troops had been sent into the province to enforce those laws. Arbitrary power was trium- phant. The people indeed, complained, the council com- plained and remonstrated-but however just their complaints and remonstrances, the strong arm of power was against them. But the genius of liberty was not dead nor asleep. There was a spirit of inquiry and of resolution abroad among the people ; and most were ready to suffer every thing in support of civil liberty, for which their fathers had struggled .*
* Governor Bernard wrote to the ministry, that some of the people of Massachusetts were mad enough to declare " that they were ready to die for liberty." This was a strange sentiment to the governor!
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It was found, that acts of parliament for quartering troops, and for sending persons suspected of treason to England for trial, had been repealed, or were of no force. And after a few months, the friends of liberty took fresh courage, and resolved never to despair of the commonwealth. When Governor Bernard was requested to call the general court together and declined, he said he could not do it, till directed by the King's ministers. But in the spring of 1769, writs were issued for the choice of representatives to meet the last Wednesday of May. He probably received instructions for that purpose. His conduct was not fully approved in England ; and he was certainly de- ficient in discretion, or in a conciliating temper. The riots were prejudicial, in some degree, to the character of the province ; but the temperate and prudent conduct of the council and the moderation of the convention which was held in Boston, serv- ed to convince the administration in England, that the people of Massachusetts were not disposed to rebellion, but were loyal and friendly to law and order. The military force, howev- er, continued in Boston, ready, when necessary, to support the governor and other officers of the crown.
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