USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 11
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"In addition to these measures, the House have written a letter to their agent, which he is directed to lay before the ministry ; wherein they take notice of the hardships of the act for preventing mutiny, &c. which requires the Governor to provide certain articles for the King's marching troops, and the peo- ple to pay the expenses : and also the commission for officers of the customs, to reside in the colonies, which authorises them to appoint as many subordinate officers as they may see fit, and to pay them what sums they please, for whose mal-conduct they are not accountable ; whence it may happen that officers of the crown may be so multiplied as to become dan- gerous to the liberty of the people, by virtue of a commission, which does not appear to this House to derive any such advantages to trade as many have supposed.
"These are the sentiments and proceedings of this House. And as they have too much reason to be- lieve that the enemies of the colonies have repre- sented them to his Majesty's ministers and to Parlia- ment, as factious, disloyal, and having a disposition
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to become independent of the mother country, they have taken occasion to assure his Majesty and his ministers, that, with regard to the people of this province, and as they doubt not, of all the colonies, the charge is unjust. The House cannot conclude, without expressing their firm confidence in the King, our common head and father, that the united and du- tiful supplications of his distressed American subjects will meet with his royal and favorable acceptance."
This address of the Representatives of Massachu- setts to the other colonial Assemblies was adopted by a large majority of the House ; and yet by the state- ment of governor BERNARD, who soon after wrote to ministers to inform them of the proceedings in this province, it would appear, that it did but express the opinions of a few; and that, after much opposi- tion, it was finally passed by the intrigues and threats of some violent members. There was, indeed, an op- position in the House, when it was first proposed to write to the other colonial Legislatures, as it was supposed a Congress might be the result ; which it was believed would be highly resented by the British administration. But when the plan was known to be merely to inform the other colonies of their proceed- ing, to suggest the propriety of a general petition to Parliament for a repeal of the late revenue laws, and to point out the ill effects of those statutes in their respective colonies, the objections in a great measure ceased ; and it was agreed to forward an address, for these purposes, by almost an unanimous voice. But governor BERNARD frequently gave an unfavorable representation of the conduct of Massachusetts, which served to awaken the displeasure of ministers ; and pretended that the measures adopted by the Assem- bly were, not such as the most intelligent and res- pectable characters approved, but such as a few vio- lent, unprincipled individuals proposed ; and that, by decision and firmness in administration, all oppo- sition might be easily put down.
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This was, in truth, a measure of great importance, notwithstanding the caution and moderation display- ed by the Assembly of Massachusetts in its adoption. It alarmed the advocates of arbitrary power, in the province, at the time it was proposed ; and when it was known in England, it was condemned by admin- istration as "highly inflammatory, and tending to sedition." And, probably, it gave offence, precisely for this reason, that it was likely to produce an effect favorable to America, and contrary to the severe policy of the ministers, who had been influential in the passage of those laws, which the colonies, by their united petitions, were attempting to have re- pealed. The conduct of the Massachusetts Assem- bly could not be truly charged with sedition or un- lawful opposition to the authority of the King or Par- liament, merely because they presented a petition for a redress of their grievances, and stated the rea- sons to justify the complaint in their memorial; or because they made known this measure to the other colonies, laboring under the same difficulties, and proposed to them to unite in similar applications to the British government. Even in England, where the subjects were represented in the Legislative As- sembly of the nation, they were not denied the pri- vilege of petitioning the King and Parliament for re- lief, when under circumstances of oppression and distress. It would have been the severest exercise of despotic power, and a fatal blow to liberty in the colonies, distant as they were from the British legis- lature, and without representatives to declare their feelings and their wants, had they been denied the privilege of approaching the King and the subordi- nate agents of the parent government. This, indeed, was attempted. There were those in England, and in America even, who were disposed to take away the common rights of freemen from the colonists, because they had dared state their grievances and pray for redress : There were those, who were dis-
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posed to deprive the people in America of all their legislative privileges, and to order a military force to insure submission to unconstitutional and oppressive laws. The Assembly of New York had already been dissolved, and a royal prohibition issued against another, until they should comply with a requisition of ministers to provide support for British troops, contrary, as the Assembly contended, to the constitu- tion of England, which did not allow of quartering the military upon the people in times of peace, as well as to their charter, which gave them the privi- lege of voting the money of their constituents for such purposes as they should judge fit. And we shall see, that the same arbitrary plan was to be adopted with regard to Massachusetts, upon her de- clining to comply with a ministerial requirement, inconsistent with her charter rights.
Although the Governor was highly dissatisfied with these proceedings of the representatives, as his letters to ministers, written at the time, and after- wards published in the province, will fully shew, and represented their conduct as " inflammatory and fac- tious," and rapidly hastening on an actual rebellion ; yet, as their various petitions and letters were pre- pared, without any consultation with him, their gen- eral intercourse, during a long session, was decent and harmonious ; and he took occasion to speak of their "moderation and good temper." But a few days before the Assembly was adjourned, some events occurred which excited the displeasure of his Excellency, and occasioned mutual criminations, which are worthy of recollection, to shew the spirit of the times, and the character of the leaders in these po- litical disputes.
By his uniform apologies for the arbitrary mea- sures of administration, and his petulant censures so often cast upon the patriots in the province, governor BERNARD had become extremely unpopular, and ยท several paragraphs had already been published in the
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newspapers of the day, referring to these traits of his character. Just before the court arose, a very scurrilous piece appeared, accusing him, without giv- ing his name, of being corrupt, tyrannical, and intend- ing to destroy the liberties of the people. This newspaper attack, he made the subject of a special message to the House ; and pretended, that it was from regard to his royal master and to the peace of the province, that he called their attention to it. But the Assembly did not, or affected not to consid- er it of importance sufficient to require any special order : and in their reply, although they declared their loyalty and respect to the King, and their read- iness to every proper measure to preserve the peace and welfare of the province, they made no profes- sions of attachment to his Excellency ; and by their studied silence, respecting his patriotism or his par- ticular merits, seemed almost to imply, that the in- sinuations alluded to were well founded. He also communicated part of a letter, which he had receiv- ed from Lord SHELBURNE, one of the British ad- ministration ; in which that minister had spoken with much severity of the conduct of the Assembly, in objecting to the Lieutenant Governor taking a seat in Council, when he was not a member, and in pass- ing by several of the friends of administration, when they elected members of the Council ; and in which, he also censured some leading characters in the House, in consequence of Mr. BERNARD's complaints, " as indiscreet and turbulent, whose behavior tend- ed to disturb the peace and safety of the province." It was with difficulty, the House obtained a copy of the letter ; and upon a perusal of the whole, they found that the Governor had represented some of the ablest members of their body in a very unfavorable light. They, therefore, in their own vindication, prepared an address to him, complaining of this conduct, as calculated to produce great evil to the province, by inducing ministers to continue their op-
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pressive system, and even to exert force to support the arbitrary power they claimed over the colonies. But, although the letter of the minister approved, generally of the Governor's conduct, and contained severe expressions against those who opposed him, and were the friends of colonial rights, it was so qualified in some clauses as to intimate a suspicion, that in all his proceedings he had not been judicious and prudent. "It will be your care and your duty (he says) to avail yourself of his Majesty's support, in those cases only, where the honor and dignity of his Majesty's government is really concerned."
To show the sense of the House relating to the conduct of the Governor, in giving unfavorable rep- resentations of their proceedings and views to the British administration, on which account severe and arbitrary measures were proposed, it may be necessa- ry to refer to a paragraph in their message. "Sure- ly his Lordship (SHELBURNE) would not have passed such a censure upon the two Houses of Assembly, or upon particular gentlemen, altogether strangers to him, as to attribute their conduct to mistaken zeal, and private resentments, and to charge them with improper excesses, with embarrassing the govern- ment and disturbing the quiet of the province ; but on what he thought the best authority. It would be far beneath his character and dignity to give credit to any account so prejudicial to the reputation of the province and of particular persons, but what he re- ceives from gentlemen in the highest stations in it. Your Excellency, then, must allow the House to be- lieve, until convinced to the contrary, that your let- ters, to which his Lordship alludes, are so fully ex- pressed, as to have left his Lordship no room to sus- pect that he could be mistaken. In such a case your Excellency cannot think that the House can remain in silence. They recommend to their injured mem- bers a becoming calmness and fortitude ; and take this occasion to bear testimony to their zeal for the honor
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of their King and the rights of their constituents. But the character of the people whom this House represent, as well as their own honor is at stake, and requires them to take every prudent measure for their own vindication. The House are truly sorry that this new occasion of mistrust and jealousy has happened : But they can never be so wanting to themselves, as to omit the opportunity of removing from his Lordship's mind the unfavorable impressions which appear by his letter ; and, what is of much greater importance to them, of standing before their sovereign in their own just character of loyal sub- jects."
The Governor, in reply, on the last day of the session, observed, that he was sorry to find the mod- eration and good temper, which appeared at the opening of the court, had not continued to its close ; but that the lovers of contention had shown them- selves more disposed to revive than to prevent irri- tating measures. He complained of the freedom of their remarks upon Secretary SHELBURNE's letter ; and, without denying that his letters to ministers had given occasion to the censures cast upon the pro- vince and its statesmen, he assured them, that all their proceedings were well known in England, and needed no exaggeration to render them displeasing to the government there. He professed a desire to avoid all disputes with the Assembly, and at the same time imprudently declared, that in his opinion "there were individuals, to whose importance everlasting contention was necessary ; and that time and experi- ence would pull off the masks of false patriots, who were ready to sacrifice the country to the gratifica- tion of their own passions."
So long as there were any claims on the colonies by Parliament, or administration proposed measures in relation to this province in particular, which were to be carried into effect through the agency of governor BERNARD, no hope could be cherished, that, in the
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manner of executing such orders, any harmony and confidence could exist, between the different branches of government in Massachusetts. Apart from the severity and unreasonableness of the laws of Parlia- ment of which they complained, the temper of the Governor was such as to increase the popular dis- satisfaction with administration in England, whose agent he was. He was too much disposed to magnify his office ; and the severe measures adopted by min- isters lost nothing of their odious features from the mode in which he communicated or executed them. The laws made for governing the colonies were suffi- ciently objectionable in their spirit and tendency to have been submitted to, without decided and firm and continual remonstrances. But the irritation and petulance occasionally manifested by some members of the House, of strong and ardent feelings, were produced by the arbitrary conduct of governor BER- NARD. In almost all cases of dispute with the As- sembly, however, he was evidently put in the wrong ; and felt himself frequently obliged to yield, as un- tenable, the positions he had advanced with great con- fidence and assurance. The eminent civilians in the House and Council were too powerful for him to maintain the contest ; and, having justice and right on their side, they were able to defend the cause of constitutional liberty so fully, that he was soon obliged to retire from the field.
In these various and able proceedings of Massa- chusetts, we have full proof of the patriotism and firmness of the statesmen of that very trying period, when the liberties of the colonies were designedly attacked by an arbitrary and short-sighted ministry. No other colony, at this early period, manifested such decision and perseverance in defence of Ameri- can liberty, and in opposing the encroachments of despotic power in the parent government ; although, on several occasions, many of them displayed great zeal and resolution in the same glorious struggle.
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This province was certainly more carefully watched and more frequently condemned in England, than any other, for its expressions of disapprobation and com- plaint at the measures of administration. And in none other, had the American patriots such able opponents to contend with as BERNARD and HUTCH- INSON. The circular address to the other Assem- blies, and their letters to ministers and the agent of the province, in England, were published and exten- sively circulated ; and were highly important, in giving just views of civil liberty, of the great prin- ciples of the British constitution, and of the rights of the subjects in all parts of the empire ; and of excit- ing an ardent and enlightened zeal in favor of their ancient political privileges through all the colonies .*
During this session of the General Court, a resolu- tion was adopted, with only one opposing vote, f similar to that passed by the citizens of Boston in November preceding, for the encouragement of in- dustry, economy and manufactures ; and recommend- ing to the people to discontinue the use and importa- tion of British and all other foreign goods, which were subject to heavy duties. This was the kind of oppo- sition made by the patriots of Massachusetts to the arbitrary laws of Parliament : and it was the only legal measure in their power, to prevent the great oppression, which the plan for raising a revenue in the colonies was calculated to produce. Their phy- sical force was, indeed, sufficient to have evaded or
* Dickinson, the author of the " Farmer's Letters," said, " Nevet will my heart become insensible, till it is indifferent to all worldly things, of the obligation I owe to the people of Massachusetts for the vigilance with which they have watched over, and the magnanimity with which they have maintained the liberties of the British colonies in America." The citizens of Philadelphia declared, " that if America were saved from impending danger, Massachusetts must be considered its guardian." Peyton Randolph, speaker of the House of Assembly in Virginia, in his reply to the circular letter, says, "I consider the people of Massachusetts as very vigilant and stedfast guardians of American liberty."
t Timothy Ruggles, Esq.
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prevented the execution of those severe statutes. But they were as great enemies to disorder and violence, as to arbitrary laws; and they chose to seek redress in a constitutional way. There was a great degree of irritation in the province, it is true, and the lower class of people were sometimes so exasperated, by what they suffered and what they feared, that it re- quired much attention and effort in the more prudent to restrain them. And, yet, so far was the dissatis- faction with the measures of the British government from being confined to a few disappointed and fac- tious individuals, as pretended by governor BER- NARD and his political friends, that much the greater part of the intelligent and respectable citizens of the province were engaged in remonstrating against the arbitrary policy of the parent state, and in complain- ing of its encroachments on their civil rights. Such characters had great reason to object to the conduct of governor BERNARD; for whenever they acted independently and contrary to his views, he was sure to reproach them. A majority of the Council, whom he highly extolled a short time before, for supporting some measures he had recommended to the Assem- bly, were, soon after this, represented to ministers as dupes of a faction ; and it was intimated by him, that there would be little dignity and energy in the government of the province, until other characters should be placed in the Council ; and such even as should be appointed by the crown. Such a sugges- tion, with the evidence they had, that the Governor was also in favor of augmenting the military power, to aid the civil authority, could not fail to arouse the zeal and awaken the resentment of the patriotic citi- zens of Massachusetts, who were conscious of great loyalty to the King, and of a sincere regard for the constitution and government of England.
CHAPTER VIII.
Proceedings in Massachusetts condemned in England-A resolution to enforce severe laws-Assembly required to rescind circular letter, but refuse-General Court dissolved-Their letter to Lord Hills- borough-Complaints of misrepresentations-Great discontent in the Province-Vessel seized in Boston-Council active and faithful- Prudence and moderation of the people under oppressive laws- More troops arrive-Difficulty in providing for them-Convention in Boston-Temperate result-Lord Hillsborough's letter-Non-impor- tation agreement renewed-Conduct of the Council.
NOTWITHSTANDING the moderation and prudence which marked the proceedings of the Mas- sachusetts Assembly, as narrated above, their conduct was highly resented by the British administration : And representations from the agents of the crown in the province were not wanting to give an unfavorable coloring to these transactions. But there was such firmness and ability displayed by the Assembly, in opposing the claims set up and the measures adopted by ministers in England, that it was necessary, either to discontinue the whole system of policy, recently pursued, for raising a revenue in America, which was not to be expected of the British government, with all its power and pride ; or to provide for car- rying these severe laws into effect, by military force. Unwilling to acknowledge a want of just authority to tax the colonies, and zealous to maintain the dig- nity of government, according to their views of it, they resolved to support the system which had been
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deliberately formed, and to have the laws, objected to, rigidly executed. It was accordingly officially announced to the Assembly in June of this year, that the measures which had been adopted, particu- larly the resolution for addressing the other colonies, and proposing to them to join in remonstrances against the revenue laws, must be repealed or dis- avowed, or the province would be subjected to the severe displeasure of administration and of the King. Governor BERNARD was instructed to make known this ministerial requisition to the House of Repre- sentatives ; and, if the circular letter were not re- scinded, to dissolve the Assembly. They requested a recess, that they might have an opportunity to con- sult their constituents : But this was refused ; the Governor alleging that his instructions from the King would not justify him in granting the request. After complaining of the novelty and severity of such a requisition, and stating the design of the letter, which they considered merely advisory, and prepar- ed without any intention to organize a system of opposition by force, urging the right of the subjects, in all situations, to petition the government or the King, and shewing the probability of redress, by such application ; observing also, the perfect ineffi- ciency of repealing the vote, as it had already all the effect it could possibly produce, and no declara- tion of theirs could now operate to destroy it, at the same time expressing their opinion of the injustice of these acts of Parliament, yet professing their af- fection and loyalty to the King, as their protector, to whom they bore the most faithful allegiance ; and in- forming the Governor of their apprehensions of his inimical disposition and of his misrepresentation of the conduct of the people in the province ; they concluded, by saying, (and a greater proof of firm- ness and resolution can be hardly conceived,) " that this House have voted, not to rescind, as required, the resolution of the last House," by more than five-
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sixths of the members. "In all this," they add, " we have been actuated by a conscientious, and finally, a clear and determined sense of duty to God, our King, our country, and to our posterity : And we most ardently wish and humbly pray, that in your future conduct, your Excellency may be influenced by the same principles."
On receiving this firm and patriotic reply, the Governor immediately prorogued the Assembly, although the Council was engaged in important busi- ness, which they wished to finish : And the next day, he issued a proclamation dissolving it, when they had spent only one month of the political year. The province was thus deprived of the great and essential right of having a legislature to regulate the internal concerns of its citizens, or to defend their political and charter privileges, against the usurpa- tions and tyranny of a distant, unfeeling government. In this proceeding, the people of Massachusetts had full proof of the arbitrary principles of the British ministers, and a presage of the exercise of despotic power, which would forever annihilate all their an- cient and valued liberties. If they were not to have a legislative assembly, one of the fundamental privi- leges recognized and guaranteed by charter, but on condition of complying with oppressive, unconstitu- tional laws, and of submitting to taxes which they had no voice in laying, they must indeed " despair of the Commonwealth," and prepare themselves for ab- solute slavery.
An administration, which could impose such con- ditions, and issue such instructions, was a reproach to the British government in the reign of the House of Hanover ; and fit only to have been the advisers of the tyrannical Stuarts. Candor, however, might in- duce the belief, that this arbitrary conduct was, in a measure, owing to unfounded statements from the province, and a pretence that the opposition was a contemptible faction. It is also proper to notice,
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that the severe and arbitrary conduct of ministers, in depriving the people of Massachusetts of their legis- lative rights, for making known their views to the other colonies, and merely suggesting to them the propriety of petitioning the British government (for they did no more than this) was openly condemned by the friends of constitutional freedom in England ; and it was not without great difficulty and opposi- tion, that they maintained their places in the Cabinet. Lord SHELBURNE, one of the former ministers, ex- pressed great disapprobation of this and other mea- sures of administration, and declared his opinion, that Massachusetts might be restored to a perfectly quiet state, by the adoption of a more mild and pru- dent policy, which should be consistent with the rights of the American subjects, and of the true honor and dignity of the British government. Gov- ernor POWNALL and others expressed the same opin- ion in the House of Commons.
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