USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 16
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31
203
for a general compliance with this recommendation, which gave offence to the partizans of British power : The Lieutenant Governor interfered in the affair, and threatened those, who were active in procuring subscribers to the agreement, with ministerial resent- ment. There was a particular interest felt on this subject, as it was reported, that the duties were to be taken off most articles, and the merchants, conse- quently, advised by the friends of administration, to order goods from England, as formerly. But at this time, it was only known in the province, to be a proposition of ministers to repeal the duties, and that only in part, while they were to be continued on some articles, as an evidence of their claim to govern the colonies in all such cases as they might think proper. The patriotic citizens of Boston chose not to expose themselves to any such deception or dis- appointment in this respect ; and knowing that their former agreement had produced an opinion in Eng- land, in favor of America, they determined to adhere to it, till circumstances would fully justify them in receding from it, without danger to their civil and political privileges.
This attempt to conciliate the colonies was made soon after the amiable Duke of GRAFTON* was placed at the head of the British administration ; and it was the most favorable measure the friends of America were able to carry. But the duty on tea remaining, an article, at this time, in general use among the people, and the right of taxing the subjects in the colonies, by the Parliament of England being still fully asserted, there could be no prospect of submis-
inform him, his address had been read and attended to with all defer- ence and solemnity ; that, after serious consideration and debate, it was their opinion, the meeting was warranted by law ; and that it was their determination to keep consciences void of just offence towards God, and towards man." Wm. Phillips, Esq. was moderator of this meeting ; and A. Welles, Edward Payne, H. Inches and others were of the committee of inspection to ascertain who violated the agreement.
. * He was a particular friend of the learned Bishop Watson.
204
sion or tranquility. The patriots of Massachusetts, and in the other colonies, were contending for a great and essential principle in all free governments ; the privilege of judging and deciding for themselves, by their representatives, as to the nature and amount of all taxes, which the people should be bound to pay. This, they were resolved never to yield : and, with all their submission to law and their love of order, so long as the British government refused, or in- terfered with this just claim, they were prepared to struggle, and determined to oppose, until their great object was attained, and their civil freedom fully recognized.
The conduct of the citizens of Boston, notwith- standing some statements of a different import, it is believed, may be well vindicated from the charge, of having rashly occasioned the awful catastrophe of the fifth of March, 1770. It is true, that the minds of the people were greatly irritated, and that some individuals were abusive in their language towards the military. But whenever examination was care- fully made, it appeared, that the soldiers were the first to assault, to threaten, and to apply contemptuous epithets to the inhabitants. It might have been pru- dent and wise in the people, to have borne these taunts and this insolence, with more patience ; wait- ing for relief, until an act of the British government had ordered the troops from the town. They had the spirit and the courage, however, defenceless as they were, to return the insolent language of the soldiers ; and when threatened and attacked, to stand in their own defence: And, in the several ren- countres which took place, were able to repel their assailants.
Every circumstance connected with this wanton and sanguinary event, is important to be noticed. The people were provoked beyond endurance ; and they can be justly accused only of resisting a fierce and vindictive soldiery, at the hazard of life. On
205
the 22d of February, a few boys appeared in one of the streets, bearing some coarse paper paintings, with the figures of the importers of British goods. They were met by one R-, who was known to be an informer to the custom house officers, against the citizens suspected of attempts to evade the laws. He endeavored to prevail with a countryman, then pass- ing, to destroy the pageantry. But the man de- clined ; and he attempted himself to mutilate and deface them. This occasioned a collection of people, who were in the vicinity of the spot. R- was very abusive in his language, and charged some of the citizens who had assembled, with perjury, and threatened to prosecute them. But they seem to have considered him too insignificant to be noticed. The boys, however, who were quite young, and who had brought the pictures into the street, followed the man to his house, and gave him some opprobrious and reproachful language, which were the only means of redress in their power, for his attack. The mo- ment he entered his dwelling, he seized a gun : this rather irritated than terrified the lads, and they began to pelt the house with snow balls and stones. He fired from one of the windows, and killed a boy of eleven years of age. A great excitement was produced among the people, by this unnecessary and most wanton conduct. The funeral of the lad was attended by an immense concourse of the inhabitants; and he was considered a martyr in the cause of liberty.
The soldiers, when they left their barracks and strolled about the town, frequently carried large clubs, for the purpose, no doubt, of assaulting the people, though with a pretence for their own safety. The citizens were not so imprudent or foolish, as to make an attack upon the troops, even when few in numbers, or at a distance from their quarters: For they knew that vengeance would have been executed upon them. On the second of March, two of them
206
rudely insulted and assaulted a workman at a rope walk, not far from their barracks : being bravely resisted and beaten off, they soon made another at- tack, in greater numbers, probably ten or twelve. They were again overpowered by the people at the rope walk : And a third time came, with about fifty of their fellows, to renew the assault. But they were still vanquished, and received some wounds and bruises in the affray, which they had thus wantonly provoked. They appeared yet again with large re- cruits, and threatened vengeance on the defenceless workmen. But the owner, or the conductor of the rope walk, met them, and prevailed on them to re- tire, without making the meditated assault. Perhaps, the more discreet among them were satisfied of the impropriety of their conduct, or were fearful of the consequences of another attack. On the third, in the afternoon, several of the soldiers, armed with large clubs, went again to the rope walk ; and after much insolent and threatening language, struck some of the workmen.
In consequence of these various quarrels, and of the violent threats of the soldiers, that they would be avenged, when, in truth, they had been the rude aggressors, the minds of the citizens were greatly alarmed on the fourth and fifth ; and so apprehensive were many, of an attack from the military, as threat- ened, that in some instances they required their chil- dren and the female part of their families to remain at home during the evening. In the early part of it, several soldiers were seen parading the streets in different parts of the town, armed with heavy clubs, seeking, undoubtedly, for an opportunity to assault, if not to murder the peaceable inhabitants. Two persons, passing in the vicinity of the barracks, were attacked and beaten, without offering any provoca- tion ; but being thus violently assailed, they stood on their defence, and gave the soldiers some blows in return. Three of the citizens, coming from the
207
south part of the town, were also met by a number of soldiers, and rudely stopped in their walk, and threatened with violence. The soldiers, who had made an assault near the spot where the regiment was stationed, on being struck by the citizens whom they attacked, fled to the barracks; but soon again with many others, sallied forth into the streets, armed with swords and cutlasses, and uttering threats of vengeance and death; pretending that their com- rades had been first assaulted, when, in truth, the several attacks were first made by them on the defenceless citizens. Thus enraged and thirsting for blood, they roamed about till they reached the street in the centre of the town, where the custom house was situated, guarded by a centinel, and on the south side of which, near the State House, a military guard was stationed, under command of captain PRESTON. Here, and on their way, they met different small parties of the inhabitants, who, alarmed by previous threats, and by the tumults of the evening, were abroad, to witness, as was natural, the transactions of which many were apprehensive ; or to prevent, if possible, the excesses of an unfeel- ing soldiery. These also were assaulted, and some of them were too brave and fearless to be attacked, without making resistance for self-preservation.
These events increased the alarm and apprehen- sions of the citizens, in this part of the town ; a bell near the head of the street was rung, and many thereupon collected at this place. Nor was it strange, that some of them were so irritated as to be eager for an attack upon the centinel ; the party of soldiers before mentioned having returned to the barracks. Many of them moved down the street, on the north side, as far as the spot where he was posted. He was accosted with abusive and insolent epithets, and pelted, by some of the young and imprudent persons present, with snow balls. And if it were proper to separate this particular affair from the assaults which
208
had been already made by the soldiers, as above re- lated, it must be admitted probable, that the first attack, though without design to perpetrate any deadly act, was from the inhabitants. Yet, even in this case, which, however, seems not a just view of this murderous transaction, there was much evidence to shew, that the centinel was the first to give a blow, though he was assailed by abusive language.
The tumult, which ensued, induced the centinel to send a person immediately to the guard house, who gave information, that he had been assaulted, and needed protection. Captain PRESTON, accom- panied by eight armed soldiers, soon went from the guard house, and forced their way through the crowd of citizens to the station of the centinel. In this rapid and forcible passing of the soldiers, several of the inhabitants were struck by them; but whether with design, it would be difficult to decide. Snow balls, and probably other matter, were again thrown by some of the citizens : And directly, the word was audibly given, " fire ; damn you, fire." The soldiers obeyed the rash and fatal command ; and eleven of the people, assembled, certainly without any design to commit excesses, even if we should allow their col- lecting was an imprudent act, were slain or wounded on that dreadful evening.
It is difficult to express the mingled emotions of horror and indignation excited by this fatal catas- trophe. The intelligent citizens earnestly solicited the Lieutenant Governor, the same evening, for the immediate removal of the troops from the town. He was greatly agitated on the occasion ; apprehensive, probably, of some personal attack or insult from an injured and highly indignant populace: He requested the commanding officer of the troops, that the greatest care be taken to keep them within their barracks .*
* It appeared, from the conduct of the Lieutenant Governor, that he "had no control over the troops. They were not, in fact, subject to the civil authority.
209
The next day the citizens of Boston assembled, and voted to continue their applications until the British troops should be removed from the town : And with such resolution did they pursue this object, so in- teresting to the people, that in a few days, they pre- vailed ; and all the military were ordered to the Castle.
This tragical affair has been differently repre- sented, by those who have related it; and even immediately after it took place, the opinions of im- partial men did not coincide, in reference to all the circumstances connected with it. Many have be- lieved, that the conduct of the soldiers was excusable on the principle of self-defence; and that great blame attaches to the citizens for the abuse and vio- lence which they offered. Truth, however, obliges us to observe, that, on examination of the most cor- rect statements, and on weighing the testimony of intelligent witnesses, given without prejudice and fear, it appears most manifest, that the several riots and outrages of that memorable evening, were begun by the soldiers; that the citizens acted on the defensive; that the fatal deeds, by which they were closed, were unnecessary, wanton, and proof of a murderous design : And, that, in a word, there was a combination among a number of the troops, to spill the blood of the injured and oppressed
inhabitants .* Captain PRESTON and the soldiers were indicted for murder; and had an impartial trial, according to the wholesome laws of the land, which resulted in their acquittal. It would be im- proper, therefore, to say, that the decision was not correct. The intelligent citizen must ever rejoice in the triumph of law, whatever are his feelings or his prepossessions. The men were most ably and
* This was the opinion of the Council, composed of grave, prudent and intelligent men, who made a careful inquiry into the affair, a few days after, and published the result to the world.
27
210
ingeniously defended by two eminent counsellors ;* the prosecution was conducted by a gentleman of talent and learning ;t and an upright, independent jury gave a judgment in their favor.
* J. Adams, and J. Quincy. + R. T. Paine.
CHAPTER X.
Evils of standing army in time of Peace-Court convened at Cam- bridge-Riot at Gloucester-Message of Governor respecting it, and reply of the House-Dispute on holding the Court out of Boston- Instructions of Ministers to supersede Law -- Protest of House against it-Instructions of Boston to Representatives-General Court con- vened again at Cambridge-Remonstrance of House against it-They refuse to proceed to business-Dispute of House and Council with Lieutenant Governor on the force of Instructions-Court prorogued without attending to public business-Governor's conduct approved in England-Castle taken from provincial troops, and put in posses- sion of British forces -. Arbitrary policy of British Ministers excites great discontent-Dr. Franklin chosen Agent-Instructions to him- Resolutions to promote manufactures and industry-Dispute between House and Lieutenant Governor, respecting enacting clause in the laws-Conduct of the Council.
HAD the wishes and remonstrances of the town of Boston, or of the House of Representatives been attended to, had the warning voice of the most intelligent and respectable characters in the province been duly regarded, the troops would never have been stationed in the midst of a populous city, and the history of Massachusetts, in a time of peace, had not been thus stained with blood. On any supposi- tion, there was no necessity for a military force to be placed at the doors and in the walks of a peace- able population. Even were there dangers of riots, or opposition, from some of the lower class of people, to the Custom House officers, as pretended, it would have been sufficient to place troops at the Castle, a
212
fortress destined and prepared for them; as, in the event of an insurrection, or of a serious tumult, they might readily be ordered to the town, to support the civil power, and restore tranquility. The tragi- cal result of thus placing the military among the people, in time of peace, whatever may be the pre- text, furnishes a solemn admonition against such an impolitic and unjust measure, especially under a free government : And proud and boastful as America justly is of her liberty, she cannot be too anxious tc guard against such an arbitrary and dangerous exer- cise of power, even in the most celebrated of her citizens.
Although there had been but one session of the Legislature for eighteen months, and the public business was greatly in arrears, the Lieutenant Gov- ernor postponed the Assembly from January, the time to which it had been prorogued by governor BERNARD, to the middle of March ; and then or- dered that it be convened at Cambridge, instead of Boston, the ancient and usual place of its meeting. The reason given by him for this measure, was, that he had been so instructed by the British ministry. He said nothing, in his public message to the General Court, respecting the state of the province, notwith- standing the great alarm and distress which pre- vailed among the people; and which seemed neces- sary to tranquilize their feelings, and give some relief to their anxiety. His duty to the King, his royal master, he said, he was resolved faithfully to discharge ; and gave promises also of a readiness to unite with the Assembly in all proper measures for the welfare of the province. It was particularly surprising, that he took no notice of the recent tragical event in Boston, produced by the British troops ; when, a few days after, he sent a special message to inform the House of a trifling affray at Gloucester; in which a petty officer of the customs was said to have been abused; and called on them
213
to afford assistance, in bringing the agents to just punishment. In reply to this latter communication, the House declared their abhorrence of all tumults and riots ; but reminded the Lieutenant Governor of the grievous and aggravated oppressions, which the people were suffering ; and expressed a hope, that all causes of excitement and opposition would be removed by the British government. They spoke, in high terms, of the loyalty of the citizens, which had been often called in question, by those who were regardless of the welfare and rights of the province : And expressed an opinion, that no interference on the part of the Legislature was necessary to the public tranquility ; the laws being sufficient to pre- serve order, and to maintain the authority of the government. They also took occasion to observe, that they were fully convinced all the tumults which had been made by the people, were to be referred to the late arbitrary measures of ministers; and that they feared quiet would not be restored until the troops were withdrawn from the province .*
The House of Representatives and the Council were occupied, a great part of this session, in re- monstrances against the removal of the General Court to Cambridge ; and in shewing, that law, usage and convenience were in favor of holding it in Boston. This dispute was important and interesting, on ac- count of the principle which was involved in it. It was, indeed, inconvenient for the Assembly to hold its sessions in any other place than Boston, where the records of the province were kept, and where were the public buildings and offices for the accom- modation of the Legislature. But the great objection was, to the assumption of power in the British administration to direct the Governor, of their own arbitrary will, to control the Assembly contrary to law, and to their construction of some clauses of their
# See Note III. in the Appendix.
214
charter. It was contended by the Council and House of Representatives, that the Governor had a dis- cretionary power, in this respect, to be exercised only when the public welfare required it, in some peculiar exigency ; and that it was highly improper and unjust for ministers to give instructions in the case, founded merely in political considerations. They declined proceeding to public business, pro- testing against the removal, as unconstitutional; there being no necessity to justify it, and designed, as they believed, to harass the representatives of the people, whose deliberations and proceedings ought to be perfectly free. The Lieutenant Governor in- sisted, that he was bound by his instructions, in this, as well as in other executive acts-that his commis- sion required this of him ; and that it was competent for him, at any time, to fix the place, as well as the day for the meeting of the General Court. The House replied to this statement at great length, and in a very able and elaborate manner. They recited the King's writ for calling the Assembly ; and argued that Boston, the place designated, was not mere form ; that there was a law of the province in force for fixing on that town as the place of its meetings ; that a law passed by all branches of the Legislature was necessary to authorize their being convened in any other town; and that it was most arbitrary to dispense with the provisions of law, by virtue of ministerial instructions : For if this were admitted, there were no principles, however sacred, and no laws, however important, which might not be violated or superseded by the orders of administration, which was merely an executive part of government. The Lieutenant Governor still asserted his authority, derived from special instructions of the King, re- ferred to a similar case, as a precedent, in the time of governor BURNET, 1729, and absolutely refused to yield to the request of the Assembly. The situa- tion of public affairs was such, that the House con-
215
sidered it most prudent to proceed to consult on the common concerns of the province ; resolving, "that they were induced thereto from absolute necessity," and declaring, " that it was not to be considered as a renunciation of their claim to the legal right of sitting in General Assembly, at its ancient place, the Court House in Boston."
This was the first session of the General Court after the departure of governor BERNARD : And from the temper discovered by his successor, and his strict adherence to the arbitrary orders of ministers, even at the expense of the public peace, there was little hope, to the friends of liberty, from the change. Solicitous as they were, to maintain the liberties of the people, and to preserve their charter rights, they could not but be greatly alarmed by the doc- trine he advanced, that it was necessary to obey the instructions of the King or of administration, however they might militate with the laws of the land. If this were admitted, the most solemn acts of the Legislature might be disregarded, and even the great principles of the Constitution be rendered fluctuating and ineffectual. The right which the British minis- try claimed, to dissolve the Assembly of the pro- vince, as in the time of governor BERNARD, and to order its removal to any place, they might in their pleasure designate, was founded in the doctrine of the absolute supremacy of the parent government over the colonies in all cases ; which was strenuously asserted in England, and was the origin of the un- happy and bitter dispute, which had now long existed between Great Britain and America. For the House of Commons had, at a former period, when a pro- posal was made to give the royal instructions in the colonies the force of law, asserted the rights of the people, and rejected it with disdain. But now, it seems, arbitrary principles were so triumphant with the British administration, that, without law, and in utter disregard of the fundamentals of the constitu-
216
tion, (unless they meant without disguise to treat the colonies as slaves, ) ministerial commands were to be rigidly enforced ; and the voice of the people, legally expressed by their representatives, was of no avail. The great concern of the Assembly of Massachusetts, therefore, was, to show the utter repugnance of the sentiments advanced by Mr. HUTCHINSON, that he was bound to conform to whatever instructions he might receive, to the charter rights and liberties of the subjects in the province. They argued also, that the Governor, being the representative of the King in the province, was competent to decide on the necessity to the public service, of holding the Court in Boston, or elsewhere ; that it was improper in the British ministers to give any directions in the case ; and that, by a strict compliance with their instructions, the freedom of the people would be violated, and the public good greatly impeded.
Notwithstanding his voluntary promise of attention to the rights of the people, and his expression of a disposition to cultivate harmony with the House of Representatives, Mr. HUTCHINSON, at this first session after he came to the chair of Chief Magis- trate, gave his negative to the election of Mr. HAN- COCK, who, during a short illness of Mr. CUSHING, was chosen Speaker by a very large majority. And in his message to the General Court, in reply to their address respecting the riot at Gloucester, he discov- ered equal sophistry and petulance. The unpleasant truths told, and the equally unpleasant facts therein stated, were not relished by the Lieutenant Gover- nor; and instead of answering their arguments, or promising to use his influence for their relief, he had recourse to crimination and reproach.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.