USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 14
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or opposition that seem to have any course at all, excepting merely that of opposing one another, I can give you no account of what they would be at. I might as well write you the shapes of the clouds which have passed over this island during summer."
* One of the ministers said, they would not suffer a Boston town meeting to threaten and bid defiance to the government of G. Britain.
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As is frequently the case with mere politicians, who think less of what is right, than of what is expedient, ministers seem to have adopted a middle course ; more desirous, probably, of keeping their places, or of avoiding to give offence to either party, than to pursue a truly dignified and just policy.
When the General Assembly of Massachusetts was dissolved by governor BERNARD in June 1768, be- cause they refused to rescind the circular address of a former House, it was said, the instructions of minis- ters were that the same requisition should be again made on the Representatives, and with the like con- dition. But the privilege was now permitted the province of having an Assembly, without requiring such a humiliating measure :* But care was taken to assert the supreme and controling authority of Parliament over the colonial legislatures : And it was also determined to continue the troops in the capital of Massachusetts, to prevent, as was pretend- ed, any future disorders and opposition. For it was said, by the agents and friends of administration, that, although the people had been in a tranquil state, for some months, it was owing to the presence of the military ; and that, if now withdrawn, there would be danger of oppugnation and riots. But, in truth, their continuance in the province was the cause of much irritation, as well as of deep and universal concern. It was well known, that they were ordered over for the sole purpose of keeping the people in fear, and of inducing them to submit to acts of the British Parliament, however arbitrary or oppressive. The soldiers were insolent and abusive in their behavior towards the inhabitants, on various occasions ;; and it was seriously apprehended that
* Ministers also proposed to take off the duties on glass, paper, &c. except teas : But the proposition was rejected by those who were for supporting the dignity and honor of government.
t Females were often insulted ; and if complaints were made against the offenders, the person was sure of being assaulted.
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disputes might arise of most disastrous consequences. It was believed also, and not without reason, that the object was to overawe and restrain the delibera- tions and votes of the Legislative Assembly itself.
In April 1769, writs were issued, by the Governor, in the King's name, for a General Court, the last Wednesday of May, the usual time for the first meet- ing at the commencement of the political year. A large number of British troops were then stationed in Boston,* where the Assembly was to meet; and several vessels of war were also lying in the harbour. And so imprudent and irritating was the conduct of governor BERNARD, or of ministers in England, in obedience to whose instructions he acted, that some of the military were posted in the vicinity of the build- ing, in which the legislature was to be convened. This circumstance, in addition to others, confirmed the belief, that the British troops were stationed in Bos- ton not only to assist in the execution of the laws of Parliament, but to have an influence on the elections of the town, and even on the votes and proceedings of the House of Assembly. But neither the town nor the Assembly were intimidated by this threaten- ing measure : On the contrary, they bore testimony against it, as highly improper and arbitrary ; and their decision and firmness were never more con- spicuous than on this trying occasion. The citizens of Boston requested general MURRAY to have the military removed from the town on the day of their choosing representatives. He replied, that he had not authority to do it; but he gave strict orders for them to remain in their barracks through the day. Before they proceeded to the elections, they ex- pressed their disapprobation of having troops placed in the town, as a measure dangerous to freedom, and calculated to produce an influence with individuals,
* In the town and at the castle, there were about 2000 of the military.
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inconsistent with the unalienable rights of the people. This was an expression of feelings worthy of free- men, and deserving perpetual remembrance .* The representatives for Boston then chosen, received in- structions from their fellow citizens, which merit par- ticular notice in a history of Massachusetts.t "This is a time," they said, "when the country demands the exertion of all your wisdom, fortitude and virtue. It is most important that you maintain freedom of debate, which we esteem a most essential and sacred privilege. You will use your endeavors that the troops be removed from the town, in which the Legislative Assembly is to meet : for their being placed in the vicinity is considered as highly im- proper, and of dangerous tendency : And you will also insist on their removal from the town and pro- vince, as it is inconsistent with the spirit and princi- ples of the British constitution, to quarter a military force on the citizens in a time of peace." They were also instructed, not to consent to the raising of money to pay for the support of the troops while in the province, which they expected the Governor would recommend ; and which was a subject before referred, by the Council, when urged by the Gov- ernor, to the General Assembly. They enjoined on them to make enquiry respecting the letters of gov- ernor BERNARD to ministers in England, in which both the town and province had been misrepresent- ed; and to whose statements it was probably owing that British troops had been sent over, and other severe measures adopted, which tended to oppress and enslave the people. They were requested to repel these unfounded charges, and to be vigilant
* The time may come ; it has once, at a much later period, threat- ened us, when the free citizens of Massachusetts were told, that their political opinions were criminal, and must be checked by a military force.
+ The committee who prepared these instructions consisted of J. Adams, R. Dana, Joseph Warren and others.
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lest the charter should be altered, so as to deprive the citizens of the right of electing the Council; or putting it in the power of the Governor to dissolve the General Court, as his caprice or passion might dictate. Their attention was also called to the laws of Parliament for raising a revenue in the province ; and they were urged still to attempt their repeal, as they were not only most oppressive to the people, but of no benefit to the British government; the expences and salaries of the officers being equal to the sums collected. The arbitrary and unjust pro- ceedings of the Courts of Admiralty, they were like- wise instructed to protest against; the decisions being according to the will of the judge, without a jury ; and its authority, in many respects, being contrary to the law of the land. The judgments of this Court had occasioned great oppression and alarm through the colonies; and its inconsistency with the general principles of freedom and of the British Constitution were ably pointed out. These instruc- tions, lastly, referred to the arbitrary act of ministers in ordering the former Assembly to be dissolved, because it declined repealing or censuring the cir- cular address of Massachuetts to the other American colonies in February 1768 : And asserted the right of the people, or of their representatives, to petition the King, and to unite also with their fellow subjects in any part of America, in seeking for relief by humble and loyal memorials. Salem, Marblehead, Cambridge, Roxbury, Braintree and several other towns, gave instructions to their Representatives similar to those of Boston. The inhabitants of Rox- bury, particularly recommended a correspondence between the House of Representatives of this pro- vince, and the Assemblies of the other colonies.
On the day of election, which was the first day of the session, immediately after they had taken the usual oaths, the Representatives sent a committee to the Governor, to declare, " that they claimed that
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constitutional freedom, which was the right of the As- sembly, and was equally important as its existence- to assure his Excellency, that it was their firm reso- lution to promote the welfare of the subject, and to support his Majesty's government in the province ; to make a thorough enquiry into the grievances of the people, and to have them redressed ; to amend, streng- then, and preserve the laws of the land ; to reform illegal proceedings in administration, and to maintain the public liberty." "This resolution," they said, " demanded parliamentary freedom in the debates of the Assembly ; and therefore they were constrained early to remonstrate to his Excellency, that an arma- ment by sea and land, investing the metropolis, and a military guard with cannon pointed at the very door of the State House, where the Assembly had convened, was inconsistent with the dignity and freedom, with which they had a right to deliberate, consult and de- termine. The experience of ages was sufficient to evince, that the military power was ever dangerous, and subversive of a free constitution ; the Council of the Province had publicly declared, that the aid of the military was unnecessary to support the civil authori- ty in Massachusetts ; nor could they conceive, that his Majesty's service required a fleet and army at Boston in a time of profound peace ; and they had a right to expect that his Excellency, as the representative of the King, would give the necessary orders for the removal of the forces both of the sea and of the land, out of the harbour, and from the gates of the capital, during the sitting of the Assembly."
To this message of the House, the Governor replied, " that he had no control of the King's troops station- ed in the town or province, and that he had received no orders for their removal." He had, indeed, no plenary powers in the case ; for general GAGE, then at New-York, was commander-in-chief of the British troops in the colonies. He wished also to have as lit- tle responsibility or discretion in the affair as possible.
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But there could be no doubt, that it was by his advice and influence they were sent into the province; and he ought to have proposed their being so under the control and authority of the civil magistrate, as to be subject to removal by his order, whenever it should be judged proper. He was, in truth, so fond of ar- bitrary power, or so unfriendly to the citizens of Mas- sachusetts, who were too intelligent and patriotic to be the tools of even a British Governor, that he made no efforts to conciliate them ; and exerted his authority in the most offensive manner. The House animad- verted with great ability and spirit on this message of the Governor. They argued, that as the King was the supreme executive power over the whole empire, so the Governor was his Lieutenant and Representative, and the Commander-in-Chief within this province ; and therefore, that all military officers here were under his control; that though peace and war were in the King's hand, and it was his prerogative to des- tine the British fleets and armies to any part of the world; yet as the troops had been placed in this government for the purpose of aiding the civil power and at his suggestion, and as no such aid was now ne- cessary, the people being disposed to all due submis- sion, and the civil authority being abundantly suffi- cient for the support of the law and order, they in- sisted that he was legally competent to advise and direct the removal of the troops; and that otherwise, it was acknowledging the military independent of, and above the control of the civil power; which was directly contrary to the spirit of the constitution, and. most alarming to all the true friends of rational free- dom. The firmness and decision of this Assembly arc entitled to the highest praise. The resolution and patriotism they exhibited at this critical period, have never, perhaps, been exceeded by our most meritori- ous statesmen. The occasion demanded an energy and zeal, which no dangers or threats could subdue. And the men, whom the people had then trusted
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with their dearest rights, proved themselves equal to the peculiar exigencies of the times. Nothing was omitted on their part, to shew their abhorrence of despotism, their attachment to constitutional liber- ty, and their determined purpose to deliver the people from oppression. Before they proceeded to the usual business of electing counsellors or organ- izing the government, and after receiving the reply of governor BERNARD, in which he declined giving any order to remove the troops, the House caused the following resolves to be entered on their journal; " That, as one branch of the General Assembly, now convened by the authority of his Majesty, according to the royal charter, for the important purposes therein expressed and provided, this House, in duty and loyalty to his Majesty, as well as in regard to their own just rights and privileges, will, to the utmost of their power, support and maintain a con- stitutional freedom in their elections, debates and determinations : That, in our opinion, the keeping of an armed force by sea and land in this metropolis, and in the port of the same, while the General As- sembly, by his Majesty's command, is here convened, is a breach of privilege, and inconsistent with that dignity and freedom, with which they have a right to deliberate, consult and determine-That this House proceed to take their part in the elections of this day, from necessity, and in strict conformity to the royal charter, having already claimed their constitutional freedom ; and now protesting, lest their thus pro- ceeding, while the above mentioned troops are suf- fered to remain in the metropolis, where this Court is convened, be considered a precedent in any future time; or construed as a voluntary receding, of this House, from their constitutional claim."
Those who knew the haughty and arbitrary tem- per of governor BERNARD could not expect that he would be condescending in the exercise of official authority ; yet it was hardly to be supposed, that he
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would causelessly give offence, by objecting to many of the best friends of the people elected to the Council Board. He, however, gave his negative to eleven gentlemen, who had been chosen by the As- sembly ; among whom were BOWDOIN, BRATTLE and HANCOCK .* And after they had been some days in session, because they were consulting upon means to preserve the liberties of the people, and obtain redress of grievances, now become almost in- tolerable, instead of giving their attention to the ordinary business of voting salaries and providing for replenishing the treasury, he undertook to dictate to them what were the proper subjects of legislation ; charged them with wasting the public money, by needless debates; and threatened to adjourn the Court to some other place, unless they should pro- ceed in the usual, and, as he pretended, necessary course of business.
The General Assembly was accordingly removed to Cambridge, where it was very inconvenient to be holden, as the records and the House erected for their accommodation were in Boston. Thus the military were suffered to keep possession of the capital of the province ; and the Legislative Assem- bly ordered to another place, because they chose not to be surrounded by armed men. They could not, however, be driven from their purpose of boldly remonstrating against all arbitrary measures ; espe- cially, the obnoxious one of keeping a large military force in the province ; and of devising proper means for relief to the people. "They were to be the judges," they said, " of what the welfare and pros- perity of their constituents required : And as their
* On negativing the counsellors, Messrs. Brattle and Bowdoin ob- served to the Governor, that it was a great satisfaction to them to reflect that they had received an unanimous vote for a seat at the Board, which was a most grateful proof of the good will and approba- tion of the people. They were conscious of having faithfully served the King and the province; and hoped his Excellency had been ac- tuated by such motives as he could fully approve on reflection.
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essential liberties and privileges were attacked, and threatened to be wholly wrested from them, they should make it their first inquiry and concern to vindicate and maintain them." A few days after this removal of the General Court to Cambridge, a committee was appointed to consider the state of the province, who reported several resolutions relating to subjects which then so greatly alarmed the public mind. These resolutions were unanimously accepted : and it was also voted, that they should be entered on the journal previously to the House proceeding to the usual public business of the session. As intro- ductory to the resolves, they referred to their re- monstrance, on the first day of the Court, to the Governor, "that an armament by sea and land in- vested the metropolis, where the Assembly had met, and a guard kept with cannon pointed to the very doors of the State House, was inconsistent with the dignity and freedom of the House; and to the reply of the Governor, in which he informed them he had no authority over the troops, and could give no orders for their removal ;" and stated, "that instead of the grievance being redressed, the Assembly had been made to give way to the said armed forces, by an adjournment from its ancient and usual place of sitting ; thereby giving reason to apprehend, that it is the design of persons inimical to the constitution to have a military power independent of, and uncon- trolable by, the civil authority in the province." In their resolutions, they declared, "that they would maintain the honor and dignity of their rightful and gracious Sovereign, by all just means in their power, as well as support the rights and liberties of the people, their own dignity, and the constitutional freedom of debate : That, in their opinion, the British constitution admitted of no military force within the realm, but for the purposes of offensive and defensive war; and that the placing of troops within this province for the purpose of aiding and
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assisting the civil government, was therefore an in- fraction of the natural and constitutional rights of the people, a breach of the privilege of the General Assembly, inconsistent with the freedom, with which the House of Representatives, as one branch thereof, had a right and ought to debate and determine, and manifestly tended to the subversion of that happy form of government, which they had hitherto en- joyed : And that this House proceeded to the public business of the province, while a military force was stationed therein for the above purpose, and even declared to be uncontrolable by the King's Repre- sentative and Lieutenant within the same, from necessity ; protesting against it being considered a precedent at any future time, or construed as though the House voluntarily receded from any of those constitutional rights, liberties and privileges, which the people and their representatives in General Court assembled, do hold, and of right ought to enjoy."
Nor were these patriotic legislators and guardians of the public liberty satisfied with even this repeated declaration of their rights, or with these protestations and remonstrances against the arbitrary measures, which then so greatly alarmed and grievously op- pressed. the people of Massachusetts. They were still intent on preserving their civil and social privi- leges ; for they had reason to fear, that, without a prompt, firm and resolute resistance to the encroach- ments of an arbitrary ministry, it would soon be of no avail to complain or remonstrate .* In this season
* Extract of a letter from a person in a neighboring colony-" I con- gratulate you on again having a House of Commons in your province ; and am glad the true old English spirit for liberty still prevails among you. The resolution of the Assembly, not to proceed to the public business under the mouths of cannon, their sensible messages to the Governor, and their firm, decent and spirited resolves, are the subject of joy and admiration to every lover of the British constitution and friend of the colonies. And I venture to predict, that many yet unborn will revere and honor the Massachusetts House of Representatives for 1769."
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of anxiety and difficulty, all topics of minor consider- ation were postponed; and the great subject of deliberation and inquiry was, the most effectual methods of preserving the rights of freemen, now systematically and forcibly assailed. In seven days from the time of passing the resolutions before men- tioned, the House adopted several others, reported by the committee who prepared the former ; stating particularly, the grievances of which the people had then reason to complain ; and exhibiting so fully the opinions and feelings of the Assembly, that fidelity requires a reference to them, somewhat in detail, although similar views and arguments have already been noticed. They declared, "that they bore the firmest allegiance to their rightful Sovereign, King George the Third, and were ready, with their lives and fortunes, to defend his person, family, crown and dignity : That the sole right of imposing taxes on the inhabitants of this, his Majesty's province, is legally and constitutionally vested in the House of Representatives, lawfully convened, according to the ancient and established practice, with the consent of the Council, and of his Majesty, or his Governor for the time being : That it is the indisputable right of the subjects in general, and consequently of the colonists, jointly or severally, to petition the King for redress of grievances ; and lawful, whenever they think it expedient, to confer with each other, in order to procure a joint concurrence, in dutiful ad- dresses, for relief from common burdens : That gov- ernor BERNARD, by a wanton and precipitate disso- lution of the last Assembly and refusing to call another, though often requested by the people, acted against the spirit of a free constitution ; and if such procedure be lawful, it may be in his power, when- ever he pleases, to render himself absolute : That a general discontent, on account of the revenue laws, and an expectation of a military power to enforce them, the General Court dissolved, and the people
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reduced almost to a state of despair, made it proper and necessary for delegates to convene, and advise on the best means to promote peace and good order, to present their united complaints to the throne, and jointly to pray for the royal interposition in favor of their violated rights ; nor could such a procedure possibly be illegal, as they disclaimed all gover- mental acts : That the Governor, in his letters to the Secretary of State, had given a false and injurious representation of the conduct of the Council, and of the magistrates and citizens of Boston; tending to bring on them the unmerited displeasure of their gracious Sovereign, to introduce a military govern- ment, and to mislead Parliament into such severe resolutions, as a true, just and candid statement would have prevented : That the Governor, by suggesting that it was necessary the King should have the Coun- cil Chamber in his own hands, and should supersede commissions already granted in his name, discovered his enmity to the true spirit of the British constitu- tion, and to the liberties of the colonies; and has struck at the root of some of the most invaluable constitu- tional and charter rights of this province ; the per- fidy of which, at the very time he professed himself a warm friend to the charter, was altogether unparal- leled by any in his station, and ought never to be forgotten : That the establishment of a standing army in the colony, in a time of peace, without the con- sent of the General Assembly, is an invasion of the natural rights of the people, as well as of those they claim as free born Englishmen, confirmed by Magna Charta, the bill of rights, settled at the revolution, and by the charter of this province : That a stand- ing army is not known as a part of the British con- stitution, in any of the King's dominions ; and every attempt to establish it has been esteemed a danger- ous innovation, manifestly tending to enslave the people : That sending an armed force into this colo- ny, under a pretence of aiding the civil authority,
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is an attempt to establish a standing army here, with- out our consent ; is highly dangerous to this people, unprecedented and unconstitutional : That whoever has represented to his Majesty's ministers, that the people of this province were in such a state of dis- obedience and disorder, as to require a fleet and army to aid the civil magistrate, is an enemy to the province and to the whole nation; and has thereby endeavored to destroy the liberty of the subject here, and that mutual harmony and union between Great Britain and the colonies, so necessary for the welfare of both : That the misrepresentations of governor BER- NARD respecting the state of the province, have been the means of procuring the military force now quar- tered in the capital : That whoever gave orders for quartering the soldiers in the Court House and in the Representatives Chamber, thus making a barrack of the same, placing a guard with cannon pointed near the said House, and centinels at the door, de- signed a high insult, and a triumphant indication that the military power was master of the whole legislature : That general GAGE, by asserting in his letter to the Secretary of State, that there was no government in Boston, and that the constitution of the province leaned too much to democracy, and that the Governor had not power to remedy the disorders which happened in it; has rashly intermeddled with the civil affairs of this province, which are altogether out of his department ; and of the internal police of which he has betrayed a degree of ignorance equal to his impertinence : That this House, after the most careful enquiry, have not found an instance of the course of justice being interrupted by violence, ex- cept by a rescue committed by one who was an officer of the navy and of the customs; nor of a magistrate refusing to enquire into or redress any injury complained of ; while it is notorious, that even the acts of Parliament deemed oppressive by the whole continent, have never been opposed by vio-
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