USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 12
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The Representatives, apprehensive of being dis- solved by the Governor, on his receiving their reso- lution not to rescind the circular address of the former House, had prepared a letter to Lord HILLS- BOROUGH, the British Secretary for American affairs, and who had forwarded to governor BERNARD the instructions to dissolve the Assembly, if they should not comply with the order, as before mentioned ; some extracts from which will fully shew their feel- ings and views, at this critical and alarming period. " Some very aggravated representation of this mea- sure (the circular address) must have been made to his Majesty, to induce him to require of this House to rescind a resolution of a former House, upon pain of forfeiting their existence. For the House of Rep- resentatives, duly elected, are constituted by the roy- al charter, the representative body of his Majesty's faithful COMMONS of this province in General Assem- bly. Your Lordship is pleased to say, that his Majesty considers this step as tending to create un-
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lawful combinations and to excite an unjustifiable op- position to the constitutional authority of Parliament. The House, therefore, thought it their indispensable duty to revise that address, and carefully to collect the sentiments which prevailed in the House, to in- duce them to resolve on the measure.
"It may be necessary to observe," they add, " that the people in this province have attended, with deep concern, to the several acts of Parliament, which im- posed duties and taxes on the colonies ; not for the purpose of regulating trade, but with the sole inten- tion of raising a revenue. This concern, so far from being limited to a few inconsiderate persons, has be- come universal. The most respectable for fortune, rank and station, as well as probity and understand- ing, in the province, with very few exceptions, are alarmed with apprehensions of the fatal consequen- ces of a power exercised in any one part of the British empire, to command and apply the property of their fellow subjects at discretion. This consid- eration prevailed on the last House of Represen- tatives to resolve on a humble, dutiful and loyal petition to the King, the common head and father of his people, for his gracious interposition in favor of his subjects of this province. As all his Majesty's subjects in North America are alike affected by the revenue laws, the former House justly supposed, that each of the Assemblies on this continent would take such methods of obtaining redress, as should be thought by them respectively, to be regular and proper. And being desirous the several applications should harmonize with each other, they resolved on their circular letter, in which their only view seems to be to advertise their sister colonies of the mea- sures they had taken, upon a common and important concern.
" Your Lordship, surely, will not think it a crime in that House, to have taken a step, which was per- fectly consistent with the constitution, and had a nat-
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ural tendency to compose the minds of his Majesty's subjects of this and his other colonies, until, in his royal clemency, he should afford them relief, at a time, when it seemed to be the design of some per- sons to prevent calm, deliberate, rational, and consti- tutional measures being pursued, or to stop the dis- tresses of the people from reaching his Majesty's ear; and consequently to precipitate them into a state of desperation and melancholy extremity. Your Lordship will therefore judge, whether a representa- tion of it to his Majesty, as a measure of an inflam- matory nature, as tending to create unwarrantable combinations, and to excite an unjustifiable opposi- tion to the constitutional authority of Parliament, be not injurious to the representatives of this people, and an affront to his Majesty himself.
" An attempt to impress the royal mind with a jealousy of his faithful subjects, for which there are no grounds, is a crime of a most malignant nature, as it tends to disturb and destroy that mutual confidence between the Prince and his subjects, which is the only true basis of public happiness and security. Your Lordship may find, on enquiry, that such base and wicked attempts have been made.
" It is an inexpressible grief to the people of this province to find repeated censures falling upon them, not from ministers only, but from majesty itself, grounded on letters and accusations from the Gover- nor. There is no evil of this life, which they so sensibly feel as the displeasure of their Sovereign. Your Lordship will allow the House to appeal to your candor, upon the grievous hardship of their be- ing made to suffer so severe a misfortune, without ever being called to answer for themselves, or even made acquainted with the matters of charge alleged against them : a right, which, by the common rules of society, founded in the eternal laws of reason and equity, they are justly entitled to. The House is not willing to trespass upon your patience ; but they
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could recite many instances, since governor BERNARD has been honored by his Majesty, to preside over this province, of their suffering the King's displea- sure, through the intrumentality of the Governor, without the least previous notice of their having been charged with deviating from the path of duty. This, they humbly conceive, is just matter of complaint ; and it may serve to convince your Lordship, that Mr. BERNARD has not that tender feeling for the subjects here, which is characteristic of a good Governor, and of which the Sovereign affords an illustrious exam- ple.
"It is the good fortune of the House, to be able to show, that the measure of the last House, referred to in your Lordship's letter to the Governor, has been grossly misrepresented in all its circumstances. And it is matter of astonishment, that a transaction of the House, the business of which is always done in the open view of the world, could be thus colored: a transaction, which, by a special order of the House, was laid before his Excellency, whose duty to his Majesty is, at least, not to misinform him."
They then proceeded to state the particular cir- cumstances attending the vote to address the other colonies, which had been pretended to have passed by intrigue, in a thin House, and by a bare majority. It is true, that when the motion was first made, it was rejected ; for it was understood to be intended to propose a Congress. But when the motion was again made, the House was as full as usual, there be- ing eighty two members present, and the whole num- ber of representatives being one hundred and ten. The vote obtained, by almost an unanimous voice ; and the address reported was adopted by the same general assent. And of all this, the House informed the Governor at the time ; and offered to furnish him with a copy of their proceedings. "The House beg leave to apologize to your Lordship, (they pro- ceed) for the trouble given you in so particular a
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narration of facts; which, they thought necessary to satisfy your Lordship, that the resolution of the last House was not an unfair proceeding, procured by surprise in a thin House, as his Majesty has been in- formed ; but the declared sense of a large majority, when the House was full. The Governor was made acquainted with the measure, and never signified his disapprobation to the House; which it is presumed he would, in duty to his Majesty, had he thought it was of evil tendency : and therefore, the House had reason to be confirmed in their opinion of the mea- sure, as being the production of moderation and prudence. And the House humbly rely on the royal clemency, that to petition his Majesty will not be deemed, by him, to be inconsistent with a respect for the British constitution, as settled at the revolution, by William the Third ; that to acquaint their fellow subjects, involved in the same distress, of their hav- ing done so, in hope of success, even had they urged the union of all America in one joint supplication, would not be discountenanced by our gracious Sover- eign, as a measure of an inflammatory nature; that when your Lordship shall, in justice, lay a true state- ment of these matters before his Majesty, he will no longer consider them as tending to create unwarrant- able combinations, or excite an unjustifiable oppo- sition to the constitutional authority of Parliament ; that he will then clearly discern who are of that desperate faction, which is continually disturbing the public tranquility ; and that while his arm is ex- tended for the protection of his distressed and injur- ed subjects, he will frown upon all those, who, to gratify their own passions, have dared even to at- tempt to deceive him !
" The House of Representatives of this province have more than once, during the administration of governor BERNARD, been under a necessity of en- treating his Majesty's ministers to suspend their judgment upon such representations of the temper
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of the people and the conduct of the Assembly, as they were able to make appear to be injurious. The same indulgence, this House now beg of your Lord- ship; and beseech you so far to patronize them, as to make a favorable representation of their conduct to the King our Sovereign : It being the highest am- bition of this House and of the people whom they represent, to stand before his Majesty in their just character of affectionate and loyal subject."
Some time in the month, before the General Court was dissolved, a committee of the Council and House was appointed to consider the state of the province, in consequence of some disorders in Boston, occa- sioned by the seizure of a vessel* by the officers of the customs, and the violent and forcible manner of taking her from the wharf and carrying her along side a British frigate lying in the harbor, a little be- low the town. This insolent and unprecedented act was done in the latter part of the day, by several boats of armed men from the ship of war. The common people were so provoked, that, in the even- ing, they insulted and abused some of the officers of the revenue, and attacked their houses by break- ing the windows The committee, t in their report, declared their abhorrence of such tumult and outrage, and authorized the Governor to offer a reward for detecting the perpetrators; but, at the same time, expressed an opinion, that the seizure of the vessel was made in such a violent manner as to have occa- sioned, though it did not justify or excuse the tu- mult. "The people," they said, " were justly dis- satisfied with the severe revenue laws and with the plan of enforcing them by a host of collectors and assistants, who were very arbitrary in their proceed- ings, and so expensive to government as to take to themselves the greater part of the amount raised from the adventures of the industrious trader."
* This vessel belonged to J. Hancock, Esq.
+ J. Erving was chairman of the committee.
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At this session, a joint committee was also raised to inquire concerning the uneasiness and alarm which prevailed, from an apprehension of a large military force to be stationed in the capital at the expense of the province, and for the purpose of enforcing the laws so justly obnoxious to a free people .* There was already a report that the military was to be in- creased : For governor BERNARD had often stated to administration, that this was necessary for the due support of government. And all his exaggerated statements were fully credited in England, while those forwarded by the friends of the province were refused even a perusal in Parliament, and seldom ever communicated to the King.
Although the House of Representatives was no longer in existence, the concerns of the province were not wholly neglected, nor its liberties given up, as lost forever. The Council still remained, in some measure, as a public body ; and the patriotic citizens of Boston and elsewhere were attentive and vigilant to guard the rights of the whole people. It is evi- dent that no legislative act could be done by the Council. They legally retained only their capacity to advise the Governor, in concerns merely execu- tive. And as the General Court was dissolved, it is not perceived how they could legally meet and act as a board, unless called together by the Governor. Yet it will appear, that they held several meetings, of their own motion, as the political guardians of the province. And for this they merited and received the thanks of the people, and of a future House of Representatives. On the day the Assembly was dis- solved, they chose a committee " to inquire into the state of the province, and to report what they should consider proper to lay before his Majesty respecting the same." The 7th of July, Mr. BOWDOIN, chair- man of the committee, reported an address to the
* Gamaliel Bradford was Chairman of this committee.
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King, which was accepted ; and the Governor was requested to forward it to the British Secretary of State. In this memorial, they mention, that the revenue laws were extremely burdensome ; that the debt of the province was very great, occasioned chiefly by expenses for their troops employed to assist the British army in the last war; that they cherished the most loyal attachment to his Majesty, and were disposed to acquiesce in all constitutional laws ; but that they feared they were to be deprived of their charter rights and privileges, by reason of misrepresentations of the real temper and character of the people.
After the insults offered the officers of the revenue, the commissioners retired to the castle for protection, where the King's troops were stationed, on pretence that they would not be safe in the town of Boston, where the populace were beyond control. When the Governor requested the advice of Council, as to the probable safety of the commissioners in Boston, the members did not agree in opinion : Some believ- ed they might return without danger, and others expressed their fears of the event. But they were all disposed to support the Governor in maintaining the authority of the laws, and in discountenancing all riots and tumults. The commissioners, probably, for some time, would have been in danger, had they returned to the town ; not indeed by the more intel- ligent citizens, or by their consent even : But the lower class of people were highly exasperated by the various and multiplied acts of oppression in the British administration ; and might have committed some deeds of violence, in the heat of passion, upon the agents authorized to execute these obnoxious laws.
In this difficult and unsettled state of the public mind, the Council conducted with equal prudence and resolution ; desirous alike of maintaining the rights of the people and of supporting the constitu-
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tional authority of Parliament within the province : They were anxious to avert the displeasure of the King, without compromitting the privileges secured to them by charter, and belonging to them in common with all the British subjects. The popular feeling is sometimes to be regarded, rather than violently or openly opposed. If there is not a great degree of ignorance in the people, it is generally correct. And if they have been deceived or misinformed, it is most prudent and effectual to enlighten in order to direct them in the proper course. But if greatly oppressed, attempts to force submission would drive them to acts of violence and disorder, which all wise politicians must regret .* Had the commissioners re- turned to Boston, and continued their arbitrary seizures by armed men, and had the Council advised the Governor to provide a military guard for their protection, an exasperated populace might have been driven to commit great disorders ; and the horrid scenes of the 5th of March, 1770, might have been, at this time, anticipated. It was the part of wisdom to prevent, as much as possible, all occasions of col- lision and irritation ; and to seek redress by applica- tion to the King and the government of the parent state. And it has justly been matter of pride and triumph to the friends of civil liberty in Massachu- setts, that those who conducted her public concerns, at that most critical period, were men of great pru- dence and judgment, as well as of patriotism and firmness. Nothing could be more unfounded, than the suggestion of governor BERNARD and others, that it was only a few rash and headstrong men in the province who were opposed to the measures of the British administration. Perhaps, it was not true in a single instance. The younger OTIS was quick and
* Mr. Pitt said in Parliament, with reference to the oppressive mea- sures of administration at this time-" The Americans have been wronged ; they have been driven to madness by injustice. Will you punish them for the madness you have occasioned ?"
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ardent in his feelings ; but his ardor was directed by great intelligence and judgment : and if he was ever rash or petulant, it was when unjustly assailed by the insolent tools of administration. But BOWDOIN, DANFORTH, BRATTLE, RUSSELL, ERVING, the ADAMSES, DEXTER, HAWLEY, HANCOCK, SEVER, and the elder OTIS,* were men of great moderation ; and pursued their measures for the preservation of civil liberty, with all the prudence and temper which the arduous struggle, in which they were engaged, would permit.
In September, two regiments of British regular troops arrived in Boston harbor from Halifax, having been ordered into the province by general GAGE, then residing at New-York ; in consequence of rep- resentations from governor BERNARD and others to the ministry in England, that Massachusetts was in a state approaching to rebellion ; and that the civil au- thority was too feeble for the due maintenance of law and order. This was a most injudicious measure of administration. For by a resort to the military to aid the civil power, they increased the discontents of the common people, and confirmed the more intelli- gent in their opposition to a system which required physical force to maintain it. They should have recollected the opinion of Franklin, given them in 1766, when examined respecting the opposition to the stamp act, " that if they sent an army into the colonies, they would not find a rebellion, but they would probably create one." There were also two more regiments ordered for this province from Ire- land. This intelligence was received at Boston just before the troops from Halifax arrived. Great appre- hensions prevailed among all classes of people in con-
* There were many others of ardent and active patriotism in the province, at this time, most of whom had been educated at the Univer- sity in Cambridge ; a striking proof of the great advantage of that seminary to the country, and of the auspicious influence of learning upon the interests of civil liberty.
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sequence of these threatening measures. The people were justly alarmed by the appearance of so great military force in a time of peace. And they saw an attack preparing, which many had long anticipated, to wrest from them their most precious privileges, and to force submission to such arbitrary laws as an unwise or unfeeling ministry might propose. It is difficult to express the perturbation of the public feelings at this period ; and to conceive of the indig- nation which prevailed, on the belief that foreign troops were to be placed in the province, to put in execution all the requisitions, which the caprice and resentment of governor BERNARD, the rapacious in- solence of the revenue officers, or the arbitrary prin- ciples of the British administration might dictate. But although the citizens of the province were in a state of great agitation and distress, they were de- prived of the usual means of redress, and their legal and constitutional guardians, the Assembly, had no longer power to protect them. Their only hope, un- der providence, which had hitherto provided ways of escape, even in the most critical situations, was in the intelligence and patriotism of the Council ; who might make known their grievances, fairly represent their wishes to the King, and recommend their dis- tressed condition to his royal favor. The rights and liberties of the province, in a great measure, depend- ed on their prudence and firmness, on their patriot- ism, and fidelity to the public welfare.
A part only of the troops could be received at Castle William, where was a fort and some barracks, already occupied by the military ; and governor BERNARD requested of the Council that provision be made for their being quartered in the town of Bos- ton. The Council, at first, declined. And when again urged by the Governor, they gave an opinion, that they had no power to decide that the troops should be provided for either in Boston, or in any town in the province : Nor could they do any thing
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which would subject the province to expense, with- out the consent and concurrence of the House of Representatives; which was then not in being: And they suggested, that the authority of the town of Boston, according to the mutiny act, was competent to furnish barracks and provisions for the troops, while within their precincts. The subject being re- ferred to the town, they also declined furnishing ac- commodation for them; the law of Parliament, as they construed it, requiring only temporary quarters for troops, when passing through any part of the province to the frontiers, where they were to be per- manently stationed. Besides, the act of Parliament, they said, gave the power (when there were no bar- racks) to the Magistrates, and not to the town authori- ty, to furnish temporary accommodation, in public buildings, till suitable places could be provided. There was in truth, a great opposition to quartering the troops in Boston ; and therefore all possible objec- tions were stated against it.
All these attempts were made to prepare for the troops, a short time before their arrival, and when daily expected. The day after they came into the harbor, the Governor convened a Council, at Castle Island, and invited the British commander to at- tend ;* with a view, as pretended, to have him state to the Council, in person, his orders and plan as to the disposition of the troops. Besides, the Governor was desirous of having it believed, that he had no control of these regiments; and the measure of placing them in the capital was so very unpopular, that he chose to refer the whole arrangement, either to the immediate commanding officer, or to his supe- riors, to whom he was accountable. Governor BER- NARD had certainly often suggested the need of mili-
* Several other British officers were present at this meeting, with ยท view probably, to prevent the Council from declining to accommodate the troops, and it was considered highly improper.
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tary force to aid the civil authority in this province, both to general GAGE, the chief in command of the British troops in America, who then resided at New-York, and to administration in England ; and yet he as repeatedly declared, that he had not sent for them; and when they arrived, was desirous of giving all the responsibility of providing for them to the Council, or of having the requisition, for their accommodation, to come directly from the officer who commanded them. Colonel DALRYMPLE, the com- mander of the troops, made known his orders to the Council, which were to place one regiment at the Castle, and to quarter the other in the town. The same objections were now made by the Council against providing for the troops in the town, which they had before stated to the Governor. They ob- served, that while there were barracks unoccupied, they were not required by the act of Parliament to make any other provision for their accommodation ; and that, when the barracks were filled, it was, in their opinion, the duty of the municipal authority or the magistrates to carry the law into effect. They also intimated that the plan of permanently station- ing troops in the province, in a time of peace, was not authorized by the mutiny act even, and was con- trary to the spirit of the British constitution. They, therefore, declined giving any formal advice in the case. The officer declared, that he should obey the orders he had received ; but expressed his surprise and regret at the refusal of the Council. The Gov- ernor then proposed to them to repair the manufac- tory house, belonging to the province : But the Council replied, that they could not advise to the appropriation of money, not authorized by law. His Excellency then suggested an appropriation from the contingent fund, which was at their disposal. But tiry declined. He, at last, engaged that the repairs should be at the expense of the crown, if they would advise to the measure. They refused acting at all
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in the affair. And the Governor declared he would himself order, that the place should be fitted for their reception. The day following, he received direc- tions from general GAGE to land both regiments in the town, and to reserve the barracks at the Castle for the troops then daily expected from Ireland. Leaving a sufficient number to man the fort on the Island, he ordered the greater part of the two regi- ments to the town ; and they were accordingly land- ed, in the course of the day, without opposition ; one of which encamped on the common, and the Governor gave orders that the other be accommo- dated in the manufactory house. But the keeper refused the British officer when he demanded en- trance. The officer was highly irritated, and threat- ened to force his way into the building; but his better judgment prevailed, and he offered no vio- lence. It also appeared, that it was not in a proper state of repair to accommodate the troops; and they were quartered for some days in the Market Hall and Town House. GAGE had probably been induced to give this recent order, on hearing of a convention which was called to meet in Boston, at this time, composed of delegates from the several towns in Massachusetts, by recommendation and request of the citizens of the capital. For it was reported by the friends of the British administration, that this con- vention was for the purpose of forming a general and forcible opposition to the authority of the parent state ; particularly to oppose the execution of the revenue laws, and to prevent the landing of the troops. About the middle of October, general GAGE came to Boston, and the demand was renewed on the Council by him, to provide permanent quarters for the two regiments then in the town; as the spare barracks at the castle would be needed for the troops still expected from Ireland. But the Council declared, that in their opinion, they were not bound to make such provision : And as there was no assem-
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