USA > Massachusetts > History of Massachusetts, for two hundred years: from the year 1620 to 1820 > Part 25
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* Mr. Hutchinson says, " the style of the council and house, in this controversy, was correct, the reasoning plausible, and the facts so repre. sented as to give a favorable appearance to a system which was delusive.' He says also, " that some friends of the government in England doubtec the policy of his introducing the subject, without having directions to de it." It was believed that the ministry did not approve of this conduct of the governor. For a full view of this most interesting dispute, see Massa chusetts State Papers.
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feeble, that a military force would be necessary to maintain the laws; that the counsellors ought to be appointed by the king ; and that a revenue might well be raised in the province from cluties on trade and commerce. The publication of these let- ters caused a great excitement in the minds of the people. The governor was exceedingly sensitive on the occasion : and en- deavored to shift the disgrace from himself on those who had published his private letters. These letters not only disclosed his subserviency to the British administration ; but his duplicity, and his low estimation of the rights and liberties of the people. In these letters, and in his speeches in January preceding, mentioned above, Mr. Hutchinson avowed opinious quite at variance with declarations made by him in 1764, when the dispute began, touching the right of parliament to impose taxes and legislate for the colonies. Though even then preferring rather to speak of the privilege than the right of laying taxes by the colonial assemblies, to the exclusion of the legislation of the British parliament, yet he said " the people of Massachu- setts had always exercised the power, and thought they only had the right to tax themselves." *
The political principles and conduct of Governor Hutchin- son were so fully understood, and so generally reprobated, at this time, that a resolution was formed by the general court to have him removed from his high station in the province. It was true, indeed, that his sentiments were agreeable to the British ministry, and his conduct in the chair, in most cases approved, though some members of the government in Eng- land more than intimated, that he had pressed the doctrine of the legislative authority of parliament in the colonies farther than was prudent and expedient. And some of the ministry were inclined to adopt more mild and healing measures. The petition from Massachusetts for the removal of Governor Hutch- inson, was not sustained by sufficient proofs or reasons, and was therefore dismissed. Soon after, however, the king was pleased to direct him to repair to England; but it does not appear whether to learn from him more fully the state of the province, or to remove him from a station where he was un- popular. The governor probably requested leave to go to England. In a letter to the British ministry from the general court, they refer to the dispute with the governor, as to the
* The council also passed resolutions condemning the letters of Mr, Hutchinson, as highly improper and injurious to the province, as well as inconsistent with his character and station. The committee who prepared the resolutions of the council were Mr. Bowdoin, Mr. Sever, Professor Winthrop, and Mr. Dexter.
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rights of the legislature in the province, and the authority of parliament over it. They were apprehensive the governor would give an unfavorable statement of their views on the sub- ject .* They said, " they regretted that the subject had been agitated ; but that the governor forced it on them, and they could not acquiesce in his opinions." They declared however, that they aimed not at independence.
At the beginning of the session, in May , (1773,) } the house of representatives chose a large committee to correspond with committees of the other colonies, on political subjects, which had then some time so deeply engaged the public mind. In 1768, a circular letter was addressed to the other colonies, which led to no very important results, except that it might have awakened or strengthened a common feeling in the cause of liberty, which was dear to them all. In 1770, a committee had been appointed by the house of assembly to correspond with other colonial assemblies ; but no important measure of united effort followed in opposition to British policy. At this time, a letter had been received from the house of assembly of Virginia, proposing a correspondence between the two colo- nies, which were the most populous in British America. The vote in the house of Massachusetts was to open a correspon- dence with all the colonies. And this measure, as was in- tended, led to a good understanding, and to a concert of action, between different parts of the country, and hastened that highly important event, a congress of delegates from all the colo- nies, which was held at Philadelphia, in September, 1774. The tendency of this correspondence was soon perceived by the British ministry ; and Governor Hutchinson was instructed to signify to the general court that they had incurred his majesty's displeasure by such a measure.
The spirit which animated the representatives of Massachu- setts, at this period, may be seen in their reply to the governor, who, in his displeasure at their publishing his letters and passing resolves on the evils they might produce in England, admonished them, (June 1773) that they had been a long
* The citizens of Boston, in May, 1773, voted, that if the governor should invite the commissioners of the revenue to dine with him at Faneuil Hall, they would not permit him to use it. The governor resented this conduct, and provided another place for the public dinner, and invited the commis- sioners.
t In May, 1773, at the election of members of the council, Governor Hutchinson gave his negative to three : John Adams, William Phillips, and Jerathmeel Bowers ; but consented to John Hancock, John Winthrop, and three others, " who, (he said) were of the same sentiments with the others ; yet had they been rejected also, there would not have been a quorum."
John Oldams.
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time together and had attended to little public business which was necessary to be done. They said, " that if they had not passed and published the resolves on his letters, they should have betrayed a total want of regard for the honor and reputa- tion of the province and the true interests of their constituents. If it were considered that those letters contained matters of an extraordinary and alarıning nature, we should not be remind- ed, that we are in the fourth week of the session, and that little of the common business had been accomplished .* We are answerable to none but our constituents, for the time we spend in attending to the public business, which they have chosen us to transact : and we are fully of the opinion, that we are the only judges of the time which is proper or neces- sary for us to take in deliberating and determining on all matters which may justly come under our consideration."
In the fall of 1773, large quantities of tea were imported into Boston from England, by merchants engaged in the East India trade, but by consent and approbation of the ministry, who were desirous, perhaps, of putting the temper of the peo- ple to another trial. The colonies, especially Massachusetts, had afforded a great market for the sale of this article. A drawback was allowed in England on all which was exported, which was another inducement to send it to America. The people of Boston had early notice of the intended shipment: and a meeting was held, when the agreement not to purchase or use tea was revived, and it was further determined that it should not be landed. The consignees were desired not to receive it, nor allow it to be taken from the ships. They de- clined making any such promise. A second meeting was called, when it was voted, "that the duty on tea was a tax on the people, imposed without their consent; and that sending the article into the province, in this manner, was an attempt
* June, 1773, when the letters were written by the house of Massachu- setts to the other colonies, advising to united efforts, Governor Hutchinson said, " they were highly improper, and a glaring attempt to alter the con- stitution of the colonies. * * that it was an act which should have been considered an avowal of independence, and could be justified only on the principle of independence." He expressed the opinion, that govern- ment in England ought then to have taken prompt and energetic measures. When the governor expressed his disapprobation of these letters, the house said, " that as he corresponded with the ministry in England, for the pur- pose of concert and strength to control and oppress the people, they consid- ered it proper to consult with the friends of liberty through the colonies." The governor was irritated, and said, " this was low and vulgar abuse, and far beneath the dignity of the house." Soon after, when the house complained, because he would not act on their impeachment of Judge Oliver, nor permit the subject to be laid before the council, he charged them " with exhibiting strong marks of envy, malignity, and a revengeful spirit."
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to enforce the plan of the ministry to raise a revenue; and was, therefore, a direct attack on the liberties of the people; and that whoever should receive or vend the tea, would prove him- self an enemy to the country." A committee of the town was again directed to wait on the consignees, with a request that they would have no concern with the cargoes when they arrived. They returned an evasive answer, which the town declared to be unsatisfactory and affrontive.
When the tea arrived, another meeting of the people was held in Boston, attended also by the inhabitants of other towns, some of them at the distance of twenty miles. There was an unusual excitement. It was said, "that the hour of ruin, or of manly opposition had come." The word went forth, "for all who were friends of the country to make a united resistance to this last and worst measure of administration." At this
very populous meeting, it was voted, " to use all lawful efforts to prevent the landing of the tea, and to have it returned to England." The consignees became alarmed, and promised to advise, that it should be sent back. But this was not suffi- ciently decisive to satisfy the people. And the meeting was adjourned for several hours, to give the owners or the factor time to decide. These protested against the proceedings of the town : but the town forbid the landing, and even the entering of the tea at the custom-house, at the peril of the owners. They, however, ordered a watch of twenty-five men, for the security of the vessels and cargoes; for they probably feared that there would be a mob, and wished to prevent it.
In the meantime, application was made to the governor to order clearances for the vessels, that they. might return ; but he declined, saying that it belonged to the officers of the cus- toms to decide in such cases. He had already called on the council for advice, as to a guard to prevent riots, and to protect the merchants in landing the teas-who had refused to inter- fere in the affair, as the civil magistrate was competent to order it.
On the following day, the citizens again assembled, to learn the decision of the factors of the vessels and cargoes, whether they would order them back forthwith, or not, when the sheriff appeared with a proclamation from the governor, which de- clared the meeting unlawful, and ordered the people to dis- perse. But a vote passed unanimously, that they would not separate, as the meeting was regular, and their object import- ant. Some of the agents of the English merchants who had sent over the tea, sent word to the meeting, that they must decline giving orders for the return of the ships with their
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cargoes ; but that they would consent that it should be stored till they could hear from England.
The people continued in a highly excited state, the conduct of the factors and consignees having given them no satisfaction. They again resolved, that they would prevent the landing of the tea, at every hazard. And they requested the assistance of their fellow-citizens from the country towns, on due notice to be given, if the exigency should require it. A portion of the people were fully sensible of the effect of any violent pro- ceedings. They could not but expect the power of England would be exerted to reduce the province to submission. And they warned the more zealous and ardent, to reflect on the consequences of the measures they might pursue, and to do nothing which could not be justified, or which they should be ashamed or afraid to defend, at a future day .*
When it became evident that the owners and factors of the cargoes would not comply with the requests of the people, nor the governor, nor the officers of the customs interfere as in- treated, a number of men in disguise, as the meeting broke up at the approach of night, proceeded to the vessels, and soon threw all the tea into the dock. No damage was done or offered to any other property; and but few of the inhabitants were ·apprised of what was intended and executed, except those personally engaged in the enterprise, who were about fifty. The people through the province approved of the spirited con- duct of the Bostonians, and declared their readiness to support them, in opposition to all unjust and oppressive measures of the British ministry. And the opinion was increasing, " that if they would maintain their rights and liberties, they must fight for them." +
During the winter session of 1774, the general court was chiefly engaged on the subject of the judges' salaries. Pro- vision was made in England for their support, for the purpose of rendering them wholly independent of the colonial govern- ment. This was a matter of great complaint, as it was be- lieved they would become too much under the influence of the British ministry. The house requested the judges to decline receiving their salary from England. Three of them declared their readiness to receive it from the province, as they had done. But Mr. Oliver, the chief justice, said "he dare not decline receiving it from England, without leave first obtained
* Josiah Quincy, Jr. addressed the people, on this occasion, and in this strain, with great effect.
t This was the public declaration of Joseph Hawley, of Northampton, and one of the leading members of the house of assembly.
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of the king." It was then voted, "that, by this conduct, he had become obnoxious to the good people of the province, and had rendered himself unfit to hold the office of a justice of the court." The house then renionstrated to the governor and council, against the conduct of the chief justice, and prayed for his removal from office. The governor refused to consult the council on the subject, on the plea, that it belonged to the king alone to remove him. The house then addressed the council on the subject, and the council requested the governor to have it considered by the board. But the governor took no notice of the application. The house, therefore, resolved, by a vote ninety-six to nine, to impeach the chief justice of high crimes and misdemeanors; and both the house and coun- cil passed a resolution for the adjournment of the court to a distant day. The governor still declined acting on the subject ; and the council could not with propriety proceed without him, while he was in the province.
It was reported that the British ministry proposed to appoint Mr. Pownall again to the chair, in Massachusetts, who would probably conciliate the people; but a majority of administration were in favor of decided measures, and of compelling the pro- vince to submission. The Premier (Lord North) declared "that he would never listen to petitions or complaints from the colonies, till they were at his feet." But several members of parliament declared the conduct of the ministers both arbitrary and impolitic. Mr. Burke said, " it was only unjust and op- pressive laws, that the people in Massachusetts had opposed; and that great constitutional principles were not to be settled by the sword." Mr. Pownall predicted, "that the people would resist, and were prepared to resist, all attempts to coerce them; and if there should be a rebellion in Massachusetts, the question would be, who caused it?" * Mr. Pitt, and Mr. Barre, also advocated the cause of the colonies, and insisted that it was owing to unconstitutional measures of the ministry, that any disorders had taken place.
In June, 1774, Mr. Hutchinson left the province and sailed for England.+ General Gage, who had been several years
* Dr. Franklin had said before, when questioned by the ministry, " that there was no plan of rebellion in the colonies, but if troops were stationed there, they would soon produce one."
t The following remarks, respecting the character of Mr. Hutchinson, in the Boston Gazette, were attributed, by Dr. Eliot, to Hon. John Ad- ams. "It is true, that Mr. Hutchinson was amiable, and exemplary in some respects. and very unamiable in others ; otherwise he could not have retained so much popularity, nor made so pernicious a use of it. In several important offices, his conduct was upright and faithful, where his political
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commander-in-chief of the British troops in America, was ap- pointed his successor, as governor of Massachusetts, and arrived in Boston a short time before the departure of Mr. Hutchin- son. It was a critical period ; and it required much political experience, and great moderation and prudence, as well as decision, in one placed at the head of the province. The people had been much oppressed and much abused by men who sought less the public welfare than their own personal honor or emolument ; or who, at least, sought rather to please their superiors than to maintain the liberty and peace of their fellow-citizens. It may be doubted, indeed, whether a character very mild and conciliating, who might have been chief magistrate, at that time of jealousy and discontent, could have quieted the people and pleased the British ministry. General Gage certainly was not the character for such a pur- pose. Nor is it, on the other hand, any more than a matter of conjecture, that he was appointed, because he was a military man, and would not hesitate to enforce his orders by the aid of the sword.
The conduct of Governor Bernard and Governor Hutchin- son, indicated their belief, that the legislature of Massachusetts must act at all times in entire subserviency to the administra- tion in England ; that the general assembly of the province could only legislate so far as permitted, or not prohibited by the parent government ; and that whenever the latter, or its agents, disapproved, or interposed, or otherwise directed, the general court must yield and obey. Hence their complaints of the obstinacy, or opposition and insubordination of the represen- tatives of Massachusetts. Hence their representations, of the want of due submission in the general assembly, and in the council ; and of the weakness of the officers of the crown. They therefore had advised to sending regular troops into the province, to awe the people, and to nerve the arm of govern-
object was not affected ; but he bent every thing to that. Had he contin- ued steadfast to those principles, which he early professed, and which had secured him the confidence of the people, he would have lived and died respected and beloved, and done honor to his native country. But, by renouncing those principles, which had made him and his ancestors respec- table, his character is now considered by all Americans, and the best men in England, as one who in all his actions, aimed at making himself great, at the expense of the liberties of his country. He was so open to flattery, that they were sure of his friendship who employed it. And he was very credulous in every thing which favored his own plans, and very incredu- lous of every thing which made against him. His abilities and learning were above the ordinary standard; but were greatly exaggerated by his interested favorites. He was industrious, and had acquired much knowl- edge of history and politics ; but he did not fully understand or appreciate the character of the people of New England."
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ment .* They had persuaded ministers to make the officers of the crown wholly independent of the province. And at their instance, it was determined to have a council, one branch of the legislature and the advisers of the governor, appointed by the king, instead of being elected by the representatives of the people, as they had hitherto been. The council were not sufficiently pliable to satisfy Governor Hutchinson or Governor Bernard. It could not be truly said, of such men as Bowdoin, the Adamses, Dexter, Hancock, Winthrop, Prescott, Sever, Phillips, and Ward, that they were factious ; but they were firm advocates for the liberties .of the people, and there- fore not the men to give satisfaction to the agents of the Brit- ish ministry, who at that period were actuated by high tory principles, very little less unfavorable to political freedom than those which governed the administration of the Stuarts.
But the principles avowed by the more discreet of the oppo- sition in Massachusetts, and the disposition manifested by the common people to proceed to violence against the measures of the ministry, (as in the destruction of the tea,) led to more decided conduct in the British government. In addition to the appointment of counsellors by the king, the charter was so far changed, as that the governor was to have the sole power of appointing civil and judicial officers, and that jurors should be returned by the sheriff's, instead of being drawn by lot, by the selectmen. An act of parliament was also passed, in March, 1774, declaring Boston in a state of blockade after the Ist of June, and shutting the port against all commerce and naviga- tion. These measures were highly obnoxious to the people, both in principle and effect. The intelligence of these acts of the British government was received in May, and before the sitting of the general court. The citizens of Boston assembled on the occasion ; and it was voted to recommend to the other colonies to refuse all commercial intercourse with England. A messenger was sent to Philadelphia, to communicate the vote, who was received with great enthusiasm, and thence another was sent to Maryland and Virginia, to give information of the plan proposed in Boston. The inhabitants of Marblehead, Salem, and Newburyport passed resolutions for the accommo- dation and relief of their fellow-citizens in the capital. Ano- ther meeting was held in Boston, in June, when a vote was
* Governor Hutchinson, in 1773, " agreed on a new organization and settlement of the militia, as desired by the general court ; but was careful to give commissions to such persons only as were well affected to government." Governor Bernard had been requested by the house, in 1769, to have a more efficient organization of the militia, but he paid no attention to the request.
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passed, that an agreement, called " the solemn league and covenant," should be offered to the people through the pro- vince, (and a copy forwarded to the other colonies) by which they pledged themselves to use no goods imported from Great Britain, so long as the act continued for blockading the port of Boston. More was expected from this measure than the event justified, though it had some effect on the merchants in Eng- land, who shipped goods for the colonies ; and Governor Gage considered it an act of such direct opposition to the policy of ministers, if not of immediate injury to the British merchants, that he issued a proclamation, forbidding the people to subscribe the agreement, and threatening them with transportation to England, to be tried for treason. But such threats were lost upon the people of Massachusetts. They felt themselves op- pressed ; they considered the measures of the parent govern- ment most arbitrary ; they were satisfied that their rights and lib- erties were not only in danger, but were actually violated ; and with such a feeling and such a conviction, it was not in their character to hesitate, or to stop to count the cost of opposition. One manifestation of their feelings, at this period, was a refusal of the grand jurors in Middlesex and Worcester, where the superior courts were held in April, to take the usual oaths, or to proceed to any business, until they were assured Chief Jus- tice Oliver would not attend. He had consented to receive his salary from England, and had been impeached by the repre- sentatives, though Governor Hutchinson had not allowed a trial ; and they declared that he had forfeited his seat on the bench.
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