USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 13
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bly to act in the affair, and the authority of the town declined it, they chose, that the whole business re- lating to the troops should be conducted by the Governor, and by the British military commander in chief. He, at length, provided for their accommo- dation, by hiring and repairing houses of individual citizens. The Council, being desirous of attempting every legal and reasonable measure to prevent the troops from landing or remaining in Boston, pre- sented a petition to general GAGE, as governor BERNARD disclaimed all control of them, for their removal out of the province, and particularly from the capital ; and representing, that there was no danger or appearance of disorder; but, that great mischiefs might ensue by their continuing stationed among the people. But he observed, that the troops were not under his control, as to their destination : and they were permitted to remain a long time in the midst of a peaceable population, to irritate and insult the inhabitants, though they could not awe them ; and to try an experiment, at once disgraceful to the agents, and odious to the subjects of a free government, of how far complaints against uncon- stitutional measures could be suppressed by military force. We shall see, in the issue, that however they might oppress the people, or however they might think to terrify, even by massacre and slaughter, they could not subdue the brave and intelligent citizens of Massachusetts, who inherited a good por- tion of the spirit of their fathers, and were resolved to maintain their political rights, at every hazard.
While the Council were thus active in their en- deavors to guard the rights of the province, the citizens of Boston were not inattentive to its interests. They were fully sensible of the dangers which sur- rounded, and of the evils which threatened them. But they did not despair. Though their enemies were powerful and insidious, they gathered hope from their patriotism, and from a full belief of the
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justice of their cause; and were still resolved to seek redress by all constitutional methods. On the 12th of September, a meeting of the town was called ; and they requested the Governor to summons a General Assembly, as the proper organ to protect the rights of the people, and to make known their grievances and oppressions to the administration of the parent State. He refused; and informed them, that he could not comply with the request, until so directed by the King. They then recommended a day of solemn fasting and prayer, which was ob- served by all the congregational societies in the town. They also proposed a convention of delegates from the several towns and districts in the province, to meet at Boston, in ten days. The people readily complied with the proposal; and on the 22d, dele- gates assembled from more than one hundred towns, and remained in session four days. Their first mea- sure was to request the Governor to call a General Court : but he would not receive the petition. They prepared and published a report; in which "they disclaimed all legislative or govermental authority;" and stated, "that they had been induced to meet, in consequence of great alarm and uneasiness among the people ; and as it was reported the petitions of the late Assembly had not been presented to the King, and a large military force was expected for the pur- pose of assisting in executing oppressive, and (as they believed) unconstitutional laws." They expressed a hope "that their complaints would reach the ears of their gracious Sovereign, and earnestly recommended to the people to refrain from all acts of violence and tumult, as calculated rather to injure than to serve the cause of freedom; and to submit with all due patience to legal authority, till some way of relief should be opened to them." This Convention also prepared a petition to the King, to be presented by Mr. DE BERDT, the agent of the province, residing at London : And a letter to the agent himself, as
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they were apprehensive an improper representation might be made of their proceedings, by those who had already suggested, that a military force was ne- cessary to keep down the rebellious spirit in Massa- chusetts. They repelled the charges which were brought against them, as disturbers of the public peace, and oppugners of legal authority : they de- clared that the people did not desire independence, and were not disposed to violence and riot: and that the great uneasiness arose from the oppressive measures of administration, and the acts for raising a revenue, which were passed by a legislative body, in which this province was not represented; from the order to have a large military force stationed among the people, to aid in executing these laws ; and from the dissolution of the House of Assembly, their constitutional guardian and guide. " We clearly hold," (this is their language) " that the sovereignty of his Sacred Majesty, King George the Third, is entire in all parts of the British Empire : God for- bid, that we should ever act or wish any thing in oppugnation of the same. We appear as plain, honest men, humbly soliciting peace and order. We wish ever to promote and cultivate a harmony and union between Great Britain and the Colonies. We have been taught that it is a duty to implore the throne of heavenly grace; and have but lately heard it deemed criminal for aggrieved fellow sub- jects to join in humble, dutiful, and loyal supplica- tions to their King. While the people observe a medium between abject submission and a slavish stupidity under grievous oppressions, on the one hand, and irrational attempts to obtain redress, on the other, and steadily persevere in orderly and constitutional applications for recovering the exer- cise of their just rights and liberties, they may promise themselves success."
The proceedings of the Convention discovered remarkable coolness and moderation, although the
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Governor, at first, condemned the meeting with great severity, and denounced it, as a most unwarrantable act, and little short of actual rebellion. When in- formed of the result of their deliberations, he ac- knowledged that it was temperate and prudent. And yet this meeting, holden simply for the purpose of peaceably consulting, in the want of a regular House of Assembly, what measures would be expe- dient and proper to adopt, to prevail with adminis- tration to relax in their severe policy, so oppressive to the people of the province, and to restore them to the full enjoyment of former rights and privileges clearly recognized in the Charter, and guaranteed to them by the British Constitution itself-This meet- ing was represented to general GAGE as designed for purposes of conspiracy against the government, and to organize an opposition of physical force : And for this reason chiefly it was, that the British troops were ordered into the town of Boston, rather than at the castle in the harbour, a place prepared for the military ; and which contained barracks, or territory enough for more, which would have accom- modated all the troops, without quartering them in the heart of a populous city. Equally unnecessary and unwise it was, on account of the disorder and riot in June before, produced by the violent seizure of a vessel at the wharf in Boston, by the officers of the Customs, in which only a few of the lower class were engaged, to consider the province as destitute of civil authority and under the direction of a mob ; and thereupon to order four regiments of regular troops to do the work of the magistrates. Instead of deterring, it served rather to inspirit the people, and to prepare them for acts of desperation and outrage. But, in truth, a great majority of the citizens, and all the intelligent and well-informed, however ardent their patriotism, and strong their disgust at the arbi- trary measures of administration, were opposed to riots and tumults ; and were decided and constant in
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their declarations, that the only proper means to seek redress, were arguments and petitions. And yet, at this period even, it is possible that some of the wisest and most temperate patriots perceived, that such was the mistaken policy, or the pride of Ministers, that, eventually, if they would maintain and preserve their liberties, they must defend them at the point of the bayonet.
Reference to a letter of lord HILLSBOROUGH, dated June, 1768, who was then the British Secretary for American Affairs, addressed to general GAGE, will serve, to explain the views and objects of administra- tion, in ordering a large military force to be stationed within this province. After mentioning, that private information had been received from the Commission- ers of the revenue, and several confidential letters had arrived at his office from governor BERNARD, he says, " the contents of these papers will evince to you how necessary it is become, that such mea- sures should be taken as will strengthen the hands of government in Massachusetts, enforce due obedi- ence to the laws, and protect and support the civil magistrates and the officers of the crown, in the exe- cution of their duty. For these purposes, I am to signify to you his Majesty's pleasure, that you do immediately order one regiment, or such force as you shall think necessary, to Boston, to be quartered in that town, and to give every legal assistance to the civil magistrate in the preservation of the public peace, and to the officers of the customs in the exe- cution of the laws of trade and revenue. And as this appears to be a service of a delicate nature, and possibly leading to consequences not easily foreseen, Î am directed by the King to recommend to you to make choice of an officer for the command of these troops, upon whose prudence, resolution and in- tegrity you can entirely depend. The necessary measures for quartering and providing for the troops must be left to your discretion : but I would submit
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to you, whether, as troops will probably continue in that town, and a place of some strength may, in case of emergency, be of great service, it would not be advisable to take possession of, and repair the castle, which belongs to the crown."*
Comment is hardly necessary to shew, that this measure of Ministers, in ordering a military force, to be stationed in Massachusetts in a time of peace, was owing either to gross misrepresentation of the temper of the people, by governor BERNARD and other enemies to the province, or to a most indis- creet resolution to enforce obnoxious laws by a stand- ing army, which was to overawe or crush a brave and free people. In either case, the blame attaches to the agents of the British government, and not to the patriots of Massachusetts. There might have been some sudden ebullitions and excesses among the lower classes; but an intelligent and sober people would not have permitted violence, so long as any hope remained for redress by just and peaceable means.
The time of which we speak was, indeed, a period of great anxiety and distress. The representative assembly was dissolved, the Governor was the agent of the crown, and the tool of an arbitrary ministry ; the 'petitions, already preferred to the King and Parliament, were not heard; the most unfavorable accounts were forwarded to the parent state, of the temper and views of the people in the province, as if ripe for rebellion ; taxes were burdensome; re- venue laws most oppressive ; the people were de- prived of the only means of obtaining specie, either to pay the taxes or their private debts, by restrictions on trade ; a large military force was stationed in the capital of the province, ready to check even a peace- able meeting of the citizens to petition for redress.
* On the contrary, this fortress had always been under the control of the General Assembly of Massachusetts, and kept by provincial troops.
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We are to wonder rather that the citizens, accustom- ed as they were to freedom, and hardy in enterprise, should have been so patient and submissive, than that some disorders occurred, which could not be fully justified in a civilized community. Their pri- vileges, as freemen, were ready to be annihilated : And who can be surprised, or who will censure them, that in some instances their sufferings stimulat- ed them to utter threats of vengeance against their cruel oppressors; and to declare, "that they were prepared rather to die, than to submit."*
.As the only measure, which could be lawfully adopted by the citizens in their individual capacity, they renewed the agreement, in Boston and many other towns, made a year before, to import no goods from Great Britain, so long as the laws remained in force for raising a revenue in the province ; and resolutions for this purpose were very generally sub- scribed ; which probably had an influence, in con- nexion with the representations and petitions of the Council, in producing a change of measures in the British Cabinet. The manufacturers in England suffered by these resolutions of the Americans to suspend their usual, importations from that country ; and Ministers also became satisfied, that the accounts, from governor BERNARD and the commissioners of the customs residing at Boston, were greatly ex- aggerated; and, notwithstanding some partial dis- orders, that the people of the province, generally, were loyal and submissive, and disposed only to seek relief by regular and constitutional methods. The report and address of the Convention, which were published and forwarded to England, and the memo- rial of the Council prepared in December and sent to the British ministry, were of such a temperate and respectful character, that they made a favorable
* Governor Bernard, in one of his letters to Lord Hillsborough, at this time, said, "some of the people are mad enough to declare, that they would die for liberty !"
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impression upon many members of administration, and induced several eminent statesmen to advocate the cause of the province. Mr. POWNALL, who was several years governor of Massachusetts, Mr. BURKE, and others then members of Parliament, openly cen- sured the severe measures which had been adopted, and declared their conviction, that the good people of Massachusetts had been unjustly treated.
It is but justice to the members of the Council, to refer to their statements and arguments on this occasion, so honorable to them as patriots, and so useful in their results, to the citizens of this ancient and loyal province. For to their able and prudent proceedings, in a great measure, it is owing, that the charter was not even then materially altered, so as to dispense with a General Assembly, and to have the counsellors appointed by the crown. Governor BERNARD had, before this, repeatedly suggested it, as the only effectual remedy against the power of the Representatives; and had even declared his opinion, that the charter was forfeited by the refusal of the House to rescind their circular letter, and by the meeting of a convention in Boston, as related above.
In their memorial, the Council gave assurances of the loyalty of the people, and disavowed all inten- tions of independence or separation from England ; they pleaded for the enjoyment of ancient charter liberties and privileges, which had been fully exer- - cised till the year 1764, when the acts of Parliament were passed for taxing the colonies, and raising a revenue on trade, by which they were deprived of the essential constitutional right of raising money by their representatives ; and they observed that their commerce was entirely without profit, (though need- ed to enable the people to pay their debts and taxes) in consequence of restrictions on trade, and of the high duties required by the parent government. To shew, that these taxes and imposts were not
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equitable, they adverted to the settlement of the province, its growth, and its defence, through the exertions, sufferings, and toils of their fathers, who had not created any expense to the British nation, (though they had done much to extend its territory, and aid in its wars against France) except in the late campaigns, which were undertaken by order of the English government, and chiefly for the benefit of the parent state; and for a part of which the province had been reimbursed ; an acknowledgment, that it had made exertions far beyond its resources, or its just share in the contest. And they con- cluded, "by praying for the favorable consideration of their memorial ; that the charter rights and pri- vileges of the people, and their invaluable liberties as British subjects might be secured to them ; and that the several acts of Parliament, made for the purpose of raising a revenue in America, might be repealed."
CHAPTER IX.
Some hope of more just Measures-Agents active-But the supremacy of Parliament still contended for in England-Difference of opinion in Ministers-And policy unsettled-General Court called, May, 1769 -- Proceedings in Boston-Instructions to Representatives- General Court remonstrate against keeping troops in Boston, or the Province-Governor disclaims authority over them-Negatives eleven of the Council, and removes the Court to Cambridge-Protest and Resolutions of House-Governor Bernard recalled-House criminate him-And charge him with having misrepresented the People-Mr. Bernard leaves the Province-The Lieutenant Governor acts as Chief Magistrate-Subservient to British Ministry-Meeting in Bos- ton-And resolve against Importation of English Goods-Massacre of 5th of March, 1770.
EVERY thing had now been attempted by the patriots of Massachusetts, which prudence would dictate or wisdom devise, for regaining their former privileges, and restoring to the province its charter rights, so flagrantly infringed by recent acts of the British government. It remained for them to wait, with manly patience and humble trust in providence, for the administration in England to return to a sense of justice, in its policy and measures towards the colonies. They also found hope for relief, if not for a complete recognition of their rights, in the reflection, that governor BERNARD's representations were not so implicitly credited, as they had been ; and that the friends of civil liberty in England were exerting themselves, with fresh vigor, against the arbitrary conduct of the ministry. It was sometime
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doubtful, however, from the opinions of civilians and of the common people in England, whether adminis- tration would relax of its late arbitrary policy, or would persevere in measures, justly alarming to the advocates of constitutional freedom in all parts of the British empire. The papers relating to the colonies, and particularly to Massachusetts, in which were included various letters of governor BERNARD, gen- eral GAGE and the commissioners of the revenue, referring to the circular address of February, 1768, to the riot in Boston in June, to the situation of the commissioners, to the convention at Boston in Sep- tember, and to the opposition of the Council to the landing of the troops in the capital-were all laid before Parliament the last of December, and referred to a large committee, who were to consider what measures were proper to be adopted in governing the colonies. The subject was several weeks under consideration. A very large majority contended for the right of Parliament to legislate for, and to lay taxes on the subjects in America: Some denied such a right, and many declared against the equity and expediency of exercising it, in the present con- dition of the country ; and were decided and severe in reprobating the conduct of administration, for dissolving the Assembly and sending over troops merely on the representation of some of their agents, who were known to be disposed, in their own de- fence, to make the people appear disorderly and factious.
Some statements, calculated to give a more correct account of these proceedings, and of the temper and conduct of the people in the province, were re- ceived in England, and circulated with good effect, though not admitted sufficiently formal to be pre- šented to Parliament. BOLLAN and DE BERDT, the agents for the province, were very active in vindi- cating the rights of the colonies, and the conduct of Massachusetts : and their zealous services had an
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influence highly propitious, for which they merited the gratitude of America. DE BERDT had frequent interviews with lord HILLSBOROUGH, and was for- tunate in his efforts, in bringing the secretary to a more favorable opinion of the province, than he had been led to entertain from a perusal of the letters of governor BERNARD. His Lordship said, that, if a good spirit continued in the province, he should recommend a repeal of many of the duties and im- posts, and that he had a desire to conciliate the colonists : But, that, when laws were passed, they must be obeyed; and that the King even had not power to dispense with the obligations to observe them. Certain resolutions passed the House of Lords about this time, censuring, in the strongest terms, the proceedings in Massachusetts above recited, and authorizing the King or ministers to adopt still more severe measures, by causing those charged with op- position to the laws of Parliament, to be transported to England for trial,* and giving the Governor power to remove the existing magistrates who were friendly to the people, and to appoint others who would be more subservient to the views of administration : But when sent to the House of Commons, Mr. BOL- LAN presented an able memorial in favor of the province, shewing the injustice of carrying the reso- lutions into operation. The petition of the Council, forwarded after the dissolution of the Assembly, was also offered in the House of Commons, and read and permitted to lie on the table ; although, when it was known, that that body had no legal existence, except as a part of the executive, and that their meetings had been holden without any order of the Governor, the petition was not allowed to be referred to the committee of the whole House, who then had under consideration the papers relating to Massachusetts.
* James Otis was already designated, by the agents of administration, as one of the victims.
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The debate in the House of Commons on these resolutions, was able and animated. They met great opposition from the true friends of British liberty. More than one third of the members voted against them. It was on this occasion, that Mr. POWNALL, who had been sometime Governor of Massachusetts, and was well acquainted with the character and feel- ings of the inhabitants, and with the state and re- sources of America, made an elaborate and eloquent speech against the resolves, and pointed out the errors and mistakes of the policy which ministers had pursued. It displayed the warmth of a patriot, the wisdom of a statesman, and the foresight of a prophet. He expressly declared his opinion, that the colonies could not be coerced into submission to oppressive laws; that though they were a sober, patient and loyal people, especially in Massachusetts, where he had resided, they might be irritated be- yond endurance; and that they would contend for their rights, recognized by charter, and belonging to them as British subjects, till they recovered them, or were annihilated by superior force. He said, they were already oppressed by debt, and must not be burdened with taxes for the support of any other government than their own ; and that a liberal and just system of governing America was also the most politic and wise, as it was the only means of pre- serving the confidence and affection of the colonists, so important to the strength and prosperity of the mother country. If it was wished to regain the good will and obedience of the Americans, or in- tended to treat them as British subjects, which they had ever been considered, he insisted, that terror and coercion, were not the weapons for the purpose ; but a just and magnanimous policy .*
* His opinion of the policy and conduct of ministers at this time, is happily expressed in the following extract from one of his letters. " As there is no giving any account of the course of a ship, when she has lost her rudder ; so, as we have neither minister nor administration,
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The resolutions, threatening and hostile as they were to the tranquility and liberty of the province, were never enforced. Ministers were either satis- fied with declaring the supreme power of the gov- ernment, which it seemed to be their great object to assert and vindicate, in opposition to the claims of the colonies,* or they were convinced, from the un- easiness manifested, that their former measures were too severe to be pursued among a free people ; and that good policy required a more conciliatory con- duct. The disturbances in England, at this time, might also have had an influence in persuading ministers to abandon their severe measures towards the colonies, which served to increase their unpopu- larity. The public mind there was much agitated, on account of different political sentiments between the friends and the opponents of the administration. Two political parties existed in England, as in the colonies : The whigs and tories, or the friends of constitutional liberty, and the advocates for arbitrary power, were engaged in constant disputes and strug- gles for superiority. The case of WILKES occupied much of the public attention. And the contest was so warmly maintained, as to the legality of his elec- tion, and his retaining a seat in Parliament, after being chosen, that it excited an uncommon interest through the greater part of the kingdom, and ar- rayed almost the whole population either for or against the political principles he professed. There was also great uneasiness in several large manufactur- ing and trading towns in England, who petitioned for a repeal of the laws for raising a revenue in the colonies, as the non-importation agreements of the Americans greatly injured their trade.
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