USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 22
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But the spirit of liberty was not subdued, under all this formidable array of power. There was, indeed, a mighty odds, and yet patriotism was watchful and active. When the house assembled, a resolve was passed, approving the firm and faith- ful conduct of the council, during the suspension of the court: and a solemn protest was made to the governor, even before his regular and usual speech to them, against stationing troops in the province in a time of peace, and placing a portion of them near the house where the legislature met, as if to over- awe them in their deliberations for the welfare and liberties of the people. They said, " the experience of ages was sufficient to show that the military power is ever dangerous, and subver- sive of free institutions. The council has publicly declared, that the military is unnecessary for the support of civil author- ity in the province : Nor can we conceive that his majesty's service requires a fleet and army here, in this time of profound peace. We have a right to expect that your excellency will give the necessary orders, as the king's agent, for the removal of the troops and ships, out of this port, and from the gates of this city, during the session of the general court." They also declared, that it was their purpose to support the king's author- ity, and the welfare of the province,-to make a thorough in- quiry into the grievances of the people, and to have them redressed, to reform illegal proceedings and maintain public liberty : for that these were the great ends for which the court
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had assembled .* The governor replied, " that he had no authority over the ships in the harbor, nor the troops in the town ; and therefore could give no orders for their removal."
This gave no satisfaction to the representatives, nor to the people. The great principle, both in England and the colonies, was, that the military must always be subordinate to the civil authority. But here were nearly four regiments, consisting of about two thousand troops, above the control and orders of the civil power, and solely at the command of a military officer. The declaration of the governor, therefore, served to increase rather than to allay the fears of the people. Before attending to the usual business of the session, or choosing counsellors, the house adopted resolutions and a protest, in which they declared that they would, to the utmost of their power, support and maintain a constitutional freedom in their elections, debates and deliberations,-that having an armed force by sea and land, in and near the metropolis, while the legislature was in session, was a breach of privilege, and inconsistent with that dignity and freedom, with which they had a right to deliberate and de- termine. And that they proceeded to take part in the elec- tions of the day, from necessity only.
In a short speech to the general court, the governor profess- ed to aim at the honor of the crown and the welfare of the people; and said these two objects were, in his view, quite consistent. But his conduct gave no evidence that he sought the latter, however desirous he might be to inaintain the former. He declined the proper exercise of his authority, as chief magistrate of the province, and left the disposition of the troops entirely to the control of their immediate commander. This was a gross error, either in Governor Bernard, or the ministry, by whose instructions he acted. He also gave his dissent to eleven gentlemen chosen into the council ; among whom was Bowdoin, and several others, truly discreet and moderate men, even in their political conduct.t.
The house of representatives declined proceeding to the ordinary business of the session; and a third time protested against the troops being stationed in Boston, and especially by the court house. They said it was an insult to the representa- tives, and to the province ; and they again expressed their sur- prise, that the governor should say, that he had no authority or
Part of the British troops were quartered near the State House, and their cannon placed just by the doors. Some were in the market house, and some in a building called the Manufactory House.
+ Artemas Ward, John Hancock, William Brattle, and Walter Spencer, were of the number.
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control over the troops in the province. He, in reply, com- plained that they had been together fifteen days, and transacted no more of the public business. He said they were expending the people's money, without doing them any service. They retorted, " that they must judge what the interests of the peo- ple required, and should presume on their approbation, while defending their rights. The people would not complain on account of the expense of a few days continuance of the court, so that their liberties were preserved." When the governor found the house thus firm, he adjourned the general court to Cambridge; and there again reminded them that much time had been spent, and the public business remained undone. He stated what he thought necessary should be attended to, and requested them to despatch it, that the legislature might be adjourned. The house passed resolutions, expressing their opinion of the arbitrary and unconstitutional conduct of the British ministry, in ordering troops into the province, to awe the proceedings of the legislature, and to compel the people to submit to oppressive taxes. They declared their loyalty to the king, and their determination to submit to his authority ; but believed that he had been deceived by misstatements from his agents and officers in the province, who must have known, that the people were seeking only to maintain their rights in a legal and constitutional manner.
A few days after, Governor Bernard informed the general court, that the king had signified his pleasure that he should repair to England and give an account of the state of the pro- vince. The house, in their reply to this notice, said they were bound at all times to acquiesce in the directions of the king, and that they cheerfully did so, in the present case, particularly. They hoped he would give a true statement of the province, for they had reason to believe, that he and others had given false accounts of the views and designs of the inhabitants. They were desirous, they said, that all those who had wickedly excited the displeasure of the king and his ministers against them, should be removed from all trust among them; and they were satisfied they could answer for themselves and constituents whenever called upon. The governor had urged a grant, both to himself and the lieutenant governor, after his departure ; they replied that they should duly guard the money of the people, and make no grant but such as they thought proper; but that they should be always ready to provide for a support for the governor, according to the ability of the people.
In a message, a few days later, the governor called on the house to make provision for the troops in Boston and at the
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castle. The house took no notice of the request; and he again desired that they should provide for them, without delay ; suggesting that there was an act of parliament requiring it to be done. He further asked the house to build more barracks for the accommodation of the troops. This was probably done to find more matter of complaint against the province ; for, no doubt, he expected they would refuse. The answer of the house, to these messages, was as firm and spirited as any com- munication ever made, by any assembly, to the royal governor. A part of it is given, to show that their resolute spirit was not subdued: "We are surprised, that your excellency had the request of General Gage, and the military commander here, so long before it was made known to us,-and that when one message had been sent us, another 'quickening demand' so soon followed. It is yet more surprising, that when his majesty, in the late wars, in which this people freely bled with his regular troops, only requested our aid, it is now demanded in an imperious tone, by the barrack-master, or commander of a regiment. Such an indignity to your excellency's high sta- tion would have been an affair between your excellency and the barrack-master, had it not have been laid before us, as an appendage to the message you were pleased to send us.
" We have already declared our sense of the injury done this people by the exertions of a few selfish persons, who have caused the quartering of regular troops among us, in a time of peace. Even in a time of war, the act of parliament only requires pro- vision to be made by a colony for a short time, while they are on their way to their final destination. * The whole con- tinent has been sometime distressed with acts of parliament, imposing taxes, for the purpose of raising a revenue, on the people without their consent, or that of their representatives,- and we take leave to say, that we deem all such acts to be for laying a tribute, for the purpose of dissipation among pensioners and placemen. And if the present be continued, it will be difficult to distinguish the case of widows and orphans in America, plundered by infamous informers, from those who suffered under the most oppressive of the Roman governors of provinces. The free representatives of the yet free people of America, are called upon to advance such sums of money, as those may demand, over whom they have no control. As the agents of the people we ought to grant only what we think reasonable, and they have ability to pay. Your excellency must excuse us, therefore, in this explicit declaration, that as we cannot, consistently with our honor or interest, and much less with the duty we owe our constituents, so we never shall
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make provision, for the purposes in your two last messages men- tioned."
Governor Bernard did not suffer this high-toned message from the house to go unnoticed. He said he considered it as going entirely to deny the supremacy of parliament, and setting up their authority as above that of the parent government : That no representations of his were necessary to show the ministry that his and their authority were at an end in the province ; their own declarations being sufficient to establish the fact. The day after this reply of the governor to the house, he prorogued the general court to January. But the house took time to prepare a second petition to the king, for his recall from the province; in which they referred to numerous instances of his arbitrary conduct, and represented him as an enemy to the liberties and welfare of the people. The coun- cil was as much dissatisfied with his administration as the house; and it afterwards appeared that some of the British ministry disapproved of his course, and admitted that he had represented the province as requiring an armed force to keep it in order.
On this, as well as on other occasions, the neighboring colonies looked to Massachusetts for direction and example, in the political dispute with the parent state. They considered her as taking the lead in the cause of civil liberty, and as op- posing the agents of arbitrary power, for the benefit of all. It was, indeed, a common cause ; but from her comparative strength and her past efforts, Massachusetts was observed with peculiar interest. Had her statesmen and patriots faltered, the other parts of the country would have hardly dared to op- pose. The friends of liberty, in different colonies, acknow- ledged the great services of Massachusetts, and often encour- aged her by their gratitude and commendation .*
* A resolution was reported by the house, in June, 1769, " that no law, made by any authority where the people were not represented, was binding on them." It was altered, afterwards, however, so as to refer to laws im- posing taxes, duties, &c.
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CHAPTER XIV.
British troops remain in Boston-General Court adjourned a long time- Statement and Protest of the Citizens of Boston-Massacre in Boston, March, 1770-General Court held in Cambridge-House remonstrate against it-Riot at Gloucester-Ministerial instructions-Gov. Hutchin- son's political views-Dispute continued, on holding the General Court out of Boston-Governor's salary paid from England-Courts-Mr. Han- cock-Public finances-Samuel Adams-Controversy on salary of Gov- ernor and Judges-John Adams-Proceedings of Boston-Their state- ment and circular.
THE continuance of the British troops in the province was a subject of deep and constant complaint. For there could be no reason given for retaining them, but to compel obedience to severe and oppressive acts of the parent government. None but arbitrary measures would be opposed by so loyal and sober a people. Some of the ministry were opposed to sending or continuing them in the province; and many members of the house of commons condemned it as an impolitic measure. But the majority believed the statements of Governor Bernard, and therefore advised to it; and when requested to withdraw them, chose to try the experiment a little longer. The troops were kept in strict discipline, for some months; and few complaints were made of gross insults offered to the people .*
There was now another long period without a session of the general court. The king's representative in the province had power, not only to call a meeting of the legislature at such time as he chose, but to prorogue it as long as he saw proper, without their request or consent. This was one of the in- stances of arbitrary power, in Governor Bernard. It had been usual to have a session in the autumn ; but though much pub-
# Impressments were frequent, at this period, by officers of British ships of war. The lieutenant of the Rose frigate, in attempting to impress men from a vessel of Marblehead, was opposed and killed. Four men of the American vessel were tried for murder, and acquitted. Lieutenant Gov- ernor Hutchinson, then Chief Justice, was opposed to having a jury, con- sidering it an admiralty case ; but the majority of the court were in favor of a jury.
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lic business required attention, he adjourned the court to Janu- ary, and soon after sailed for England .*
But if the representatives of the province had no opportu- nity to act, as a body, in maintenance of their rights, the peo- ple were vigilant and watchful, in this respect, as far as con- sistent with law and order. And in no other way, were they disposed to proceed in opposition to the oppressive measures by which they suffered. It was only a very few who advocated riots and mobs. The people were generally deeply sensible of the evils of a standing army in the province, of the British law for raising a revenue, and of the numerous custom-house offi- cers, who had no sympathy for the inhabitants, and who were ready to use the greatest extent of the power with which they were clothed.+ Many towns instructed their representatives to make all possible efforts for the removal and redress of these grievances. Boston, the capital of the province, where the citizens were alike intelligent and patriotic, prepared an address to the king, at this time, for the purpose of vindicating the character of the town and province, from the misrepresentations of Governor Bernard, and appealing to the favor and magna- nimity of their sovereign. They averred that they sincerely desired a continuance of the union with Great Britain. They explicitly declared, that they considered their rights were in- vaded by the late measures of administration; and protested against acts for raising a revenue in the province without their consent ; against a board of commissioners of the customs, the quartering of troops, and the instructions of ministers having the force of law.
At the same time, the merchants, and other citizens of Bos- ton, renewed the agreement for not importing and using British goods .¿ A very few, only, declined subscribing the agreement, two of whom were the sons of the lieutenant governor, who became very unpopular by this refusal. At a very large meet-
* Governor Bernard was very unpopular in the latter part of his adminis- tration. He had advised to the appointment of the counsellors by the king, and to recall all commissions given to improper persons ; intending such as were opposed to his arbitrary measures. Bowdoin, S. Adams, and James Otis, Jr., were expressly named. Governor Bernard was so obnoxious, that, in 1767, at the publio examination of the schools in Boston, the select- men declined inviting him.
t In 1769, it was proposed to send to England for trial any persons ac- cused of unjust opposition. This gave great alarm, and called forth the clamors of the people.
# Arnold Welles, Edward Davis and Henderson Inches, were the commit- tee to ascertain who violated the agreement. There was a fear that inter- est might sway some to evade it, as well as political views.
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ing, the town voted to prevail with all importers of goods, to conform to the agreement ; and while assembled, the lietenant governor sent the sheriff to disperse them, and to foibear all such unlawful meetings .* It was voted, that the sheriff inform the lieutenant governor, that they considered the meeting war- ranted by the laws of the province ; that his message had been received with due solemnity and deference ; and that it was their determination to maintain consciences void of just offence to- wards God, and towards man.
A partial change was again made in the British ministry, and the duties were removed from some articles, which had been subject to high rates of impost. But the principle was still asserted, by the administration in England, that the parent government had the right to legislate for the colonies ; and that the only question with them was, as to the expediency and the extent, in any particular cases. While this principle was ad- vanced, the patriots in the colonies could not be satisfied, nor could they cease to contend against it. Their doctrine was, and with them it was all-important and indispensable, that they had the sole right, derived from nature, their charter, and the spirit of the British constitution, to tax themselves through their representatives. This doctrine, they were resolved never to yield ; and, with all their love of order and submission to legal authority, so long as the British government interfered with this principle or claim, they were prepared to struggle ; and seemed determined to oppose till their right was fully recognised.t
The great body of the people are more apt to be aroused by specific acts of injustice and oppression, than by the mere assertion of principles, however dangerous and hostile to liberty. The more intelligent and foresighted saw nothing but evil and danger, from a standing army; but after the first moment of alarmı was over, on the landing of the troops, and as they were kept for some time, under strict discipline, they were viewed by many with less fear and abhorrence. But in the winter and spring of 1770, the soldiers were permitted to wander more frequently about the streets, and became insolent and menacing in their language. In a few instances, they were
* They had not applied to him for liberty to hold the meeting ; and unless such consent was had, a town meeting for political purposes was deemed unlawful.
t In 1769, an order was obtained of the king, granting an appeal to the council of state in England, from the judgment of the superior court of the province, in an action of ejectment. The general court instructed their agent in England " to prevent such a fatal precedent being established."
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rude and indecent in their deportment towards respectable females. The people also, on some occasions, applied abusive epithets to the soldiers, which served to provoke and irritate them. Before the fatal evening of the 5th of March, several disputes and affrays had occurred between the citizens and the soldiers, or officers of the customs. One of the most seri- ous of these took place on the 22d of February, between a notorious spy and informer against the merchants, and a few boys, who had caught the spirit of the times. The boys were carrying paintings of those merchants who still imported Eng- lish goods. They were met by the informer, who endeavored to persuade a countryman then passing to destroy the paintings. The passenger declined, and he attempted to destroy or deface them himself. A number of the citizens soon collected ; and the informer charged some of them with perjury, and threatened to prosecute them. They considered him too insignificant to be noticed. The boys, however, were provoked at having their images broken and mutilated. They followed the man to his house, and assailed him with abusive epithets. As soon as he entered his house, he took up a gun, but the boys were not frightened ; and threw snow balls against the house, as the only revenge they could have on him. He fired from a window, and one of the boys was killed by the shot. The ex- citement which arose on this wanton and most unjustifiable act, was extreme through the whole town and province. The funeral of the deceased lad was attended by an immense con- course of people, a great portion of them highly respectable ; and he was considered a martyr to liberty ; and a victim of arbitrary power.
The officers of the customs, with their mercenary agents, and the soldiers, were deemed enemies of the people and of liberty, and became more and more the objects of indignation and abhorrence. Some imprudent speeches, and even threats, were made by individuals, whose feelings were too powerful to be entirely restrained. The soldiers, fearing, or affecting to fear, assaults, roamed about in parties, and with large blud- geons ; who were far more insolent and menacing, both in language and gestures, than any of the citizens. They seem- ed to be seeking occasions for attacking the people. They should have been kept in their quarters, or suffered only to go abroad with an officer, who would have felt it his duty to restrain them from all disorderly acts.
On the second and third of March, repeated quarrels took place between some of the soldiers and the laborers at a rope walk. Different accounts were given of the affray, but it ap-
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peared probable, that the first overt acts of violence were com- mitted by the soldiers, though the citizens might previously have used ill-language or threats. The soldiers, without arms, made three separate attacks on the workmen, and were every time overpowered, and obliged to flee ; though the last time, on Saturday, the third, they were more numerous than before. The soldiers swore revenge ; and the citizens were so alarmed by their threats, on the fourth and fifth, that children and females were advised not to be abroad in the evening. At an early hour, several parties of soldiers were observed in the streets, which was unusual, and ought not to have been per- mitted. The people became apprehensive of some violent movement, and they also in small parties paraded about the streets. There was no proof that the latter had any other purpose thian to see what the soldiers would do, or attempt. Between eight and nine o'clock, one of the bells was rung, as indicating fire. Many of the citizens appeared in the streets, but without arms, or any apparent settled plan of disorder or attack. A considerable collection was soon made near the market ; and some of them were armed with clubs. There was evidence of great irritation among the citizens ; for it was known that the workmen had been attacked at a rope-walk, on Friday and Saturday ; and when repelled, that the soldiers threatened vengeance. The people did not distinguish ; to every soldier they met they gave abusive language. The sentinel placed near the custom-house, at the corner of State (then King) street and Exchange street, was rudely accosted, and some snow or ice was thrown at him. He called on the main guard for protection, which was stationed near the en- trance of Devonshire street. Six men and a sergeant were soon ordered to protect the sentinel, supposed to be in danger. The captain of the company followed, probably with a design to prevent unnecessary violence. As the guard was passing across the street towards the sentinel, the people gathered round, and pressed on them, and some of them threw ice and snow balls at the guard also. The captain seeing the crowd, and fearing, perhaps, that his small guard would be overpow- ered, ordered them to charge. But the people were not checked, and continued throwing snow and ice at the soldiers : and one of them was struck or thrown down. At this mo- ment, some one cried, " fire ;" but it was not certain to have been the captain. The guard immediately discharged their pieces among the people ; when three were killed, and two mortally wounded. Some others of the crowd also were slightly wounded.
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