USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 23
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The lieutenant governor had immediate notice of this tragi- cal affair, and came into the street, and thence to the coun- cil chamber. Some of the citizens urged that the troops be ordered to their barracks ; but he declined giving such orders. He addressed the people, however, and advised them to retire, expressing his deep regret at what had taken place. Warrants were made out by the justices of the town, and the captain and the soldiers of the guard were arrested and committed. The next morning the citizens of Boston held a meeting, and sent a committee to the lieutenant governor, who was then holding a council, requesting the removal of the troops from the town. He replied, that he had no authority over them. The peo- ple were not satisfied with his reply, and again made the re- quest ; the council also urged him, at least, to express a desire to the military commander that he would remove them. To this he assented, but would give no positive orders. It was therefore left with the officer to decide ; and he consented that one regiment should be removed to the castle. But the peo- ple were not satisfied that any should remain in the town ; and voted that it was necessary for the peace and safety of the in- habitants, that all should be withdrawn. The committee, of which Samuel Adams was chairman, again proceeded to the council chamber, and made known the vote of the meeting. He addressed himself to the military commander, as the lieu- tenant said he had no control of the troops, and said if he could order one regiment, he could also order both, and that it was at his peril he should refuse. The officer was astonished at the boldness of the citizen, and Mr. Hutchinson said, "it was a strong expression of that determined spirit which dictated all future measures."
Some of the officers were displeased with being thus obliged to leave Boston, at the instance of the populace, as they said ; but, in a few days, the commanding officer prudently consented that the whole of the troops should be stationed at the castle. The officers and men, who were apprehended for firing on the people, had a fair and impartial trial, and were acquitted. The people were much agitated at the time of the transaction ; but they had time for reflection, and a more full and correct account probably satisfied them, that, though the bloody deed could not be justified, the sol- diers were first assaulted, on the evening the firing took place ; and that their acquittal was such as the law fully sanctioned .*
There bad now been a long suspension of the legislature.
R. T. Paine acted for the government in the absence of the king's attorney ; and J. Adams, and J. Quincy were counsel for the prisoners.
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Governor Bernard, by adjourning the court from July to Jan- uary, had omitted the usual fall meeting. The lieutenant gov- ernor ordered it further prorogued to the middle of March, in compliance, as he said, with instructions received from the British ministry ; and then directed that the session should be in Cambridge. The house was dissatisfied with the measure ; and complained that the will of ministers should be so arbitra- rily exerted. It was a grievance, they said, to have the gen- eral court so long postponed, and then holden out of the capital of the province. The lieutenant governor pleaded his in- structions, and clearly intimated that the instructions were per- emptory, and that he had no discretion ; but it afterwards ap- peared, that he was only conditionally instructed, and that if there were good reasons against the court sitting in Cambridge rather than in Boston, he might order it to be convened in the latter place. This conduct argued that want of fairness, ne- cessary to the full confidence of the people in their chief magistrate, without which he could not expect to be very use- ful. The representatives protested against this arbitrary mea- sure, and declined proceeding to business for several days. It was a great inconvenience to them, they said, to be at a dis- tance from the records of the court ; but their chief objection was, that ministerial instructions were allowed to supersede law and the provisions of the charter .* They addressed the coun- cil on the subject, and requested that body to join in urging a return of the court to Boston. The council sent a message to the lieutenant governor, in which they expressed, in strong terms, their objection to the measure, and their sense of the impropriety of the British ministry giving instructions in a case, in which the lieutenant governor could better judge than they. The principal motive for ordering the general court to be holden out of Boston, was that the citizens of that town had great influence with the members ; and it was an influ- ence altogether opposed to the arbitrary measures of the Brit- ish administration, and its agents in the province.
During this session, the lieutenant governor informed the house that a person had been Ill-treated at Gloucester ; + and
* The instructions of the British ministers were very alarming to the friends of constitutional liberty in Massachusetts. They saw the danger of having constitutional law superseded by the bare will of a minister, who was liable to be deceived by the statements of interested individuals and office holders. It was from this principle, that they so long opposed hold- ing the general court out of Boston, and spent many weeks in contending with Mr. Hutchinson touching that measure.
t It was said, the man was subjected to the summary punishment of the day, which was tar and feathers.
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called their special attention to the case. The man had be- come obnoxious to the inhabitants, on account of the severity with which he treated some merchants supposed to have se- creted imported goods. The house replied, that they consid- ered the courts of law able to afford redress to the person who had been injured ; and could not admit that the case was one requiring any special legislation. They also took occasion to refer to the aggravated attack then lately made on the citizens of Boston by armed soldiers, which the lieutenant governor had not even noticed during the session ; they expressed their surprise that he had not spoken of it ; and declared their opin- ion, " that if there were no arbitrary and oppressive laws to be enforced, there would be no insults offered to individuals, nor any need of a standing army in the province in time of peace." They said they abhorred all riots and disorders; but they could not answer for the conduct of individuals who were threat- ened and oppressed, contrary to the laws of the province. During this session, March 1770, Mr. Cushing, the speaker, was absent on account of sickness. Mr. Hancock was chosen in his place, but the lieutenant governor rejected him.
In May, the general court was again ordered by the lieuten- ant governor, to meet in Cambridge. On the first day, before proceeding to any other business, the house protested against it, as contrary to long usage, as inconvenient, and as against the plain meaning of the charter : and they also declared their apprehensions of an utter annihilation of their rights, if the instructions of ministers were to have the force of law in all cases. A long dispute took place on this subject ; in which much learning and ability were displayed. The house said that the ministry, for unjustifiable purposes, might order the lieutenant governor to hold the court in Lincoln or Berk- shire county ; but that it would be both arbitrary and oppres- sive. They did not deny the prerogative of the crown ; but even this they contended was to be exercised " with discre- tion, and for good reasons only." But they believed there was no good reason for holding the court out of Boston, and that none had been given; that the measure, therefore, was altogether arbitrary, and they must protest against it.
This dispute, on the part of the house, was conducted by Samuel Adams, John Adams, Joseph Hawley, John Hancock and others. Mr. Bowdoin was this year chosen into the council, and was not negatived by Mr. Hutchinson, as he had often been by Governor Bernard. John Adams was elected a member of the house for Boston in the place of Mr. Bowdoin. It would have been very unpopular in Hutchinson to have rejected a man
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of such weight of character as Bowdoin. He might have with- hield his consent from Hancock or Otis with less danger to his popularity.
The controversy about holding the court out of Boston, was continued for nearly two years. The house, and the council repeatedly protested against it, not only because it was incon- venient, but because it was done by order of the lieutenant governor, in conformity to ministerial directions ; and because, by submitting to it, the house would have acknowledged the force and authority of said instructions, as binding in other cases, even in opposition to standing laws and to express provisions of the charter.
Mr. Hutchinson often gave his negative to a part of the gentlemen elected to the council ; but still the majority of the board were firm friends of civil liberty, and opposed to the ar- bitrary orders and measures of the British ministers, which he was ready to obey and to enforce. He said, indeed, that it was not his intention or wish to make any encroachments on the rights of the people ; but at the same time declared, that he would give up no part of the prerogative of the crown ; by which he meant, no doubt, that he should strictly observe all ministerial instructions. And in the long controversy as to holding the general assembly out of Boston, he said, " that he should consult his majesty's will, touching the time and place of holding the court." And yet the will of the king was but another name for the caprice of ministers, who, in most cases, gave directions as Governor Bernard and Mr. Hutchinson de- sired and advised. On the one hand, the lieutenant governor was determined to support the dignity and authority of the parent government, and to exercise power by virtue of the royal prerogative ; on the other, the representatives were re- solved to maintain charter privileges, and the rights which they possessed, as free-born subjects of Great Britain, and the higher claims derived, as they asserted, from the God of nature.
But for the political disputes between Governor Bernard, for several years, and at this time, between Lieutenant Governor Hutchinson and the general court, there would have been great prosperity and content in the province. There had now been many years of peace; and agriculture and the fisheries were in a prosperous state. Commerce occupied the attention of a portion of the people ; yet was less profitable than would have been, if there had been fewer restrictions, and the duties not so high. There was not, indeed, the prosperity and profit attending navigation that might have been ; but it was pursued, and afforded some profits to adventurers. But the dispute as to the civil rights and liberties of the people of the province, was
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cf so much interest, and gave so universal alarm, that a great check was thereby given to the common prosperity and happi- ness. The people of Massachusetts had always been strongly attached both to civil and religious liberty ; and when their rights were invaded, every thing else seemed of little concern to them. They felt for posterity as well as themselves ; and were ready to contend, at all times, that freedom might be the inheritance of their children. They may have construed too liberally the clauses of their charter, which granted the powers of maintaining a separate government in the colony ; but had they not so construed and so contended, their posterity would have been slaves. If instructions of ministers, and royal letters, and the commands of governors, and military and custom-house officers, had been submitted to, as was urged on them, they would have had no constitution, no rule of equity and justice, and no permanent principles of government.
Mr. Hutchinson was as arbitrary, and as great an advocate for ministerial instructions, as his predecessor had been. He had imbibed a high notion of the royal prerogative, of the directions of ministers, and of the supremacy of parliament. It was clearly his great purpose to support and enforce them to the fullest extent ; and to leave to the people only what liberty and power they might enjoy consistently with them. His conduct, as to removing and keeping the general court at Cam- bridge, contrary to the repeated wishes of both representatives and council, was altogether unjustifiable, and rendered him very unpopular.
In the summer of 1770, the lieutenant governor surrendered the fortress on Castle Island into the hands of the commanding . officer of the British troops. It had before been under com- mand and control of the governor of the province. It was, at this time, delivered up to the commander of regular troops, over whom the civil authority and the chief magistrate had no power. The keys of the garrison were given up, in forin, by the lieutenant governor. He had before, on the tragical affair of the 5th of March, disclaimed all authority over the troops then in Boston ; and now he gave, out of his own power and command, the only fortress in the vicinity of the capital. This was just cause of complaint and alarm. The house of repre- sentatives remonstrated against it, as a gross breach of trust, and a most reprehensible disregard of the rights and the safety of the people. But the lieutenant governor pleaded ministerial instructions, and orders from General Gage at New York. It was in character for Mr. Hutchinson to obey such' authority. On all occasions, he was entirely subservient to the views of
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those who directed the affairs of the British government, and had places of profit and honor to bestow.
A committee was appointed by the house of representatives in November, 1770, to correspond with the agent in England, and with committees in the other colonies, on the state of pub- lic affairs. Samuel Adams, John Hancock, and John Adams, were on this committee. It does not appear that they imme- diately opened a correspondence with the other colonies. The objections made to a circular letter from the general court in 1768, to the other colonies, might have prevented. But they wrote to their agents in England, Benjamin Franklin and Ar- thur Lee, in very pressing terms. They referred to the late measures of administration, which they considered oppressive and repugnant to their charter rights: and they said they feared the loss of all which was dear in society, unless ministers could be induced to change their policy towards the colonies. Frank- lin, in reply, said, "that many in England doubted the right of parliament to lay taxes on the people in America: but that the ministers were not willing to admit they had not the right." He was of opinion, they would not insist or practise on the principle in future. But in this he was mistaken. They adhered to it more rigidly till the revolution took place. He admitted, " that Massachusetts had been persecuted and abused by individuals both in the province and in England. The design," he says " was to render you odious, and then deprive you of your rights by violent or arbitrary measures. I hope the colo- nies will show, by their resolves, that they know their rights, and will not relinquish them. Ministers object to your having agents here, except such as your governor approves. But such agents would be of no benefit to you ; they would not be faithful to your riglits and interests." He added -" I have given it as my opinion, that if you could be restored to the rights you enjoyed before the measures and policy of adminis- tration in 1764, you would be satisfied : and I am glad to find by your letter, that I have expressed your views, in this re- spect." Mr. Lee had less hopes in the lenity and justice of the British ministry, at that time. After referring to " the firm stand, made by Massachusetts against insidious and op- pressive acts of administration, which was applauded by the present, and would secure the gratitude and admiration of future times," he observed, "he had a lively sense of the peculiar oppressions of Massachusetts, and could assure them, that to the utmost of his power he would, unite with the other agents in watching over their rights, in seeking for a redress of their grievances, and fixing the great principles of freedom on a pers
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manent constitutional basis. But I think America must depend on her own exertions and firmness in securing the object of her wishes. America must work out her own salvation. From the British government, she must expect neither mercy nor justice. The present ministry have designedly adopted such a system of policy, as to render quiet submission to it perfect slavery. They have substituted discretion for law, and set the principles of the constitution afloat on the fluctuating sea of arbitrary will. Not to oppose this pernicious system would be a crime. To oppose it unsuccessfully, would be a misfortune only. If lawless power must prevail, still it behoves us to protest against it; and bear testimony before God and man, that we did not submit, without a struggle, to a humiliating state of bondage."
In one of his letters in May, 1771, Dr. Franklin said, " he saw in the policy of administration, that the seeds were sowing for a total disunion of the two countries. Men are appointed to office and power by the ministry, who will be insolent and rapacious, and who will become odious to the people ; and be- ing odious to the people, they will become malicious ; and will misrepresent and calumniate them. They will complain and apply to the parent government for more power, and for aid from the military. The oppressions on the people will lead to riots and violences. Greater force and rigor will be necessary to keep the people in subjection. Force will beget force in opposition. War will ensue -and the alternative will be ab- solute slavery or independence. I am no prophet : but history shows, that by such steps great empires have been divided."
At a session of the legislature, the winter following, the lieutenant governor refused to sign the tax bill, because there was a clause in it, which would render the crown officers of the customs liable to a tax on their income. Their fees amounted to a sun much larger than any office in the province afforded ; and it was then the practice to tax those who had large incomes and salaries. Mr. Hutchinson objected to those persons being taxed, as others were, because he was instructed to do it. Yet he acknowledged he was surprised in being directed to object to it ; which clearly implied that he thought it improper.
In April, 1771, Mr. Hutchinson received a commission to be governor; and he continued to be a zealous advocate for ministerial measures. So devoted. was he to the supremacy of parliament, and the instructions of ministers, that he considered all opposition, in the general court, to his will and his requests, as arising from unreasonable insubordination, or a desire to per- plex him personally. In May, and at every session during
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the year, and most of 1772, the dispute was kept up, as to the general court being held out of Boston. The house insisted, that it was inconvenient and arbitrary ; and proceeded to the public business only fromn necessity. He asserted his authority and right to hold the court, wherever directed by ministers. And, when he had no other reason, he informed them, that he should not hold the court in Boston, till they would acknow- ledge they had been wrong in objecting to the validity of in- structions in all cases ; and particularly in ordering the court to be holden where he might think fit.
The temper, as well as the principles, of Governor Hutch- inson are fully manifested by his conduct in 1770-1; and served to confirm the fears which his former political course had excited. Yet timid politicians were ready to apologize for his conduct ; and to charge the patriots who opposed him, with making unreasonable complaints, and with a captious spirit. They were men, and no doubt some personal feelings were at times indulged by them, in their public proceedings. If Mr. Hutchinson were fully believed, the opposition of the Otises, father and son, of Samuel Adams, Joseph Hawley, and some others, might be attributed to disappointment. Their contemporaries had a far more honorable opinion of them ; and had they not been truly patriotic, they would not have been supported as they were by an intelligent people. The spirit of patriotism prevailed through the colonies; and the inhabi- tants were generally ready to make any sacrifices for the main- tenance of their rights and liberties. In Massachusetts they gave up the use of tea ; and manufactured cloths in their famni- lies to a great extent, instead of importing them from England .*
At this period, the idea of a political separation and inde- pendence was not probably indulged ; certainly not generally contemplated. The opposition was to unconstitutional meas- ures on the part of the British administration ; to exorbitant and novel claims of authority by ministers in England over the free citizens in the colonies. New claims certainly were set up by administration in England ; and such as the people of Massachusetts deemed highly arbitrary. And yet in opposing them, it would be strange if they had not urged their own
* Besides the persons already named, who were among the leaders in opposing the arbitrary measures of the British ministry, at this critical peri- od, were William Heath, Samuel Danforth, William Phillips, Artemas Ward, Jedediah Foster, James Prescott, Samuel Dexter, James Warren, Robert T. Paine, Timothy Danielson, Jerathmael Bowers, Benjamin Greenleaf, Thomas Gardner, Thomas Saunders, Walter Spooner, Timothy Pickering, David Cobb, and others.
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claims to power to an extreme, which would lead to inde- pendence. This, they did not publicly acknowledge, till three years later, when they became satisfied, it was the only alter- native of avoiding the most degrading submission .*
It was a just charge repeatedly made against the officers of the crown, in Massachusetts, that they misrepresented the views and conduct of the whigs ; and that oppressive and ar- bitrary measures were adopted in England towards the prov- ince, in consequence of such misstatements. This was the origin of sending troops into the province in 1768. The affair of 5th of March, 1770, was also grossly misrepresented ; and all the blame laid on the people of Boston, as if they had formed a previous plan to attack the troops and to drive them from the town by force. This statement operated greatly to the prejudice of the province in England. Mr. Bowdoin and others of the council gave a very different, and no doubt a more correct account of that event. Mr. Hutchinson had also joined with Governor Bernard, in 1767 and '68, in represent- ing the people of Massachusetts in such a state of insubordi- nation, that troops were necessary to be stationed in Boston. And in 1770 and '71, his letters described them as wholly op- posed to the authority of the king and the parliament, because they objected to ministerial instructions having greater or equal force with law or plain constitutional principles.
It was owing to the statements of Mr. Hutchinson and his political friends, that the British ministry, at this time, ordered a large salary for the governor, the lieutenant governor, and other officers of the crown in the province, independent of any vote of the house of assembly ; and directed, that the heavy duties on imported goods, now rigidly exacted, should be applied for that purpose. The house had always made a grant for the support of the governor. But, in order to make. him wholly independent of the house, and a more zealous? agent of the British government, it was proposed, in 1771, and. probably at his request, to provide a salary for him from England. This was new cause of complaint against Gover- nor Hutchinson, by the patriots in Massachusetts, and of a dispute between them till he left the province in 1774. It seems to have been the object of Mr. Hutchinson to have the- officers of the crown exercise all power in the province, and
* Mr. Hutchinson says, " that Samuel Adams declared, in a Boston town- meeting, in 1769, independent we are, and independent we will be." And that Joseph Hawley said, in the general court, about the same time, " that he knew not how parliament could ever have acquired a right to legislate. over the colonies."
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to be wholly distinct and independent of the legislature. And such a system would have led directly to arbitrary power and to tyranny and oppression in every form. The intelligent men of Massachusetts had a just and correct view of the tendency of such a system; and they resolved to resist and oppose it, at every hazard. They knew, that petty offi- cers, at a distance from their masters, might practise every kind of despotism ; and that there was danger of such practices in Massachusetts. It has been so in all past times. The Roman officers in distant provinces were far more oppressive than those were who resided in the capital of the empire. In an exten- sive government, whether monarchical or republican, it will always be the case : men clothed with a little brief authority will oppress the people, and exercise power beyond the de- sign of their office.
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