USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 18
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"Your Honor is pleased to say, that we consider the charter as a compact between the crown and the people of this province ; and to ask, shall one party to a compact be held, and not the other ? It is true, we consider the charter a compact, and agree, that both parties are held. The crown covenants, that a Great and General Court shall be held every last Wednes- day in May, forever; the crown, therefore, is doubt- less bound by this covenant. But we utterly deny that the people have covenanted to grant money, or to do business, at least any other business than choos- ing officers and counsellors, to complete the General Court, on the last Wednesday of May, or on any other day or year whatever : This House, therefore, by refusing to proceed to business, do not deprive the crown of the exercise of the prerogative, nor fail of performing their part of the compact.
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"The House are still ready to answer for the ill consequences which can be justly attributed to them; nor are they sensible of any danger from exerting the power which the charter has given them, of doing their part of the public business in their own time. That the province has enemies, who are con- tinually defaming it and their charter, is certain ; that there are persons who are endeavoring to intimi- date the Representatives from asserting and vindicat- ing their just rights and liberties, by insinuations of danger to the constitution, is also indisputable. But no instance happened, even in the execrable reign of the worst of the Stuarts, of a forfeiture of charter, because any one branch of a legislature, or even because the whole government under that charter, refused to do business, at a particular time, under grievous circumstances of ignominy, disgrace and insult ; and when their charter had explicitly given to that government the sole power of judging of the proper season and occasion of doing business. We are obliged, at this time, to struggle, with all the powers the constitution has furnished us, in defence of our rights ; to prevent the most valuable of our liberties from being wrested from us, by the subtle machinations and daring encroachments of wicked ministers. We have seen, of late, innumerable en- croachments on our charter : Courts of Admiralty, extended from the high seas, where, by the compact in the charter, they are confined, to numberless important causes upon land ; multitudes of civil officers, the appointment of whom is, by charter, confined to the Governor and Council, sent here from abroad by the ministry ; a revenue, not granted by us, but torn from us; armies stationed here with- out our consent; and the streets of our metropolis crimsoned with the blood of our fellow subjects. These, and other grievances and cruelties, too many to be here enumerated, and too melancholy to be much longer borne by this injured people, we have
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seen brought upon us, by the devices of Ministers of State : And we have, of late, seen and heard of instructions to Governors, which threaten to destroy all the remaining privileges of our charter. In June, 1768, the House, by an instruction, were ordered to rescind an excellent resolution of a former House, on pain of dissolution. They refused to comply with such an insolent mandate, and were dissolved : And the Governor, although repeatedly requested, and although the exigences of the province demanded a General Assembly, refused to call a new one, until the next year. In the last year, the General Court was forced to give way to regular troops, illegally quartered in the town of Boston, in consequence of instructions to crown officers ; and whose main guard was daringly and insultingly placed at the door of the State House ; and afterwards they were con- strained to hold their session at Cambridge: The present year, the Assembly is summoned to meet, and is still continued there in a kind of duress, without any reason that can be given, or any motive whatever, which is not as great an insult to them, and breach of their privilege, as any of the foregoing. Are these things consistent with the freedom of the House ? Or, could the General Court's tamely sub- mitting to such usage, be thought to promote his Majesty's service ? Should these struggles of the House prove unfortunate and ineffectual, this pro- vince will submit, with pious resignation, to the will of Providence ; but it would be a kind of suicide, of which we have the utmost horror, to be instru- mental in our own servitude."*
Three days after receiving this message from the House, the Lieutenant Governor replied to it, at considerable length, but with a good deal of sophistry and evasion : And immediately ordered the Assem-
* We have given only a part of the able and excellent message of the House of Representatives. See Massachusetts State papers, page 240.
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bly to be prorogued to the 5th of September follow- ing : And afterwards, by proclamation, to the 26th of the same month. On this day, the General Court assembled at Cambridge ; and the House sent a committe to inform his Honor, that a quorum was present, and to request him to cause its removal to Boston. He declined, however, as before, and with- out giving any reasons for keeping the Assembly in Cambridge : And in a speech, the following day, he advised them to attend to the usual public business, which had now become very urgent, observing also, " that he expected other matters of importance to lay before them, which would require their consider- ation." The House now voted to suspend their resolution, before adopted, not to transact any busi- ness while the Assembly was holden out of the town of Boston .* And, indeed, the state of the province was such, and the public business was so urgent, that prudence required them to give their attention to the concerns of the people. They inquired of the Lieutenant Governor, what was the important and interesting information he had to give, which would demand their special attention. And in reply, he stated, that he had received an order of the King in Council of the 6th of July ; but was not authorized to communicate it. He informed them, however, that he had forwarded an account of their proceed- ings in March and June, to his Majesty's ministers ; that his own conduct had been approved by the King ; and that he believed the situation of the Pro-
* The vote and preamble were as follows, viz: " Whereas it appears to this House, that the province labors under new, additional and in- supportable grievances, the redress of which calls for the immediate exertion of the powers vested in the Assembly by the constitution- Therefore, resolved, that the House now proceed to the public business only from absolute necessity, and in order to inquire into the state of the province, and radically to redress grievances ; protesting against the restraint the General Court is under to transact business out of the Town House in Boston. Thirty members, however, out of ninety, voted against proceeding to business, even with such a protest and declaration ; among whom were S. Adams, J. Hancock, J. Hawley, J. Warren, J. Adams, W. Heath, M. Farley, J. Gerrish, &c.
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vince would receive the attention of Parliament or of the ministry at an early day. He gave them notice, likewise, of an order from the King for dismissing the troops at the Castle, who were under the control and pay of the province, and for placing regular British forces in that fortress.
This measure was justly alarming to the Repre- sentatives and to the people at large ; as it implied a suspicion of their loyalty in the royal mind ; and it was considered of dangerous aspect to put that fortifi- cation in the hands of a military force, not subject to the civil authority of the Province, but entirely under the direction of the British administration, of whose views for the government of Massachusetts they had received the most unfavorable impressions. The House expressed their decided disapprobation of this proceeding ; and requested to know of the Lieut. Governor, if he still had the command of that impor- tant fortress. He replied, that the change lately or- dered at the Castle, was probably owing to the late conduct of the Assembly and the people in the pro- vince : but that he had not relinquished his command of that fortress; as he still considered himself possessed of authority over it as formerly ; subject, however, to such directions as he should receive from the King. The House considered this reply, as very equivocal ; and repeated their request to be fully informed, whether he had transferred his command, or whether by any ministerial instructions it had been placed un- der the control of a military chief. Mr. HUTCHINSON declared again, that he had the command of the Cas- tle ; but. clearly acknowledged, that he considered himself subject, in that capacity, not to the Legislative Assembly of the province, under whose control it had formerly been ; but to instructions from his royal Master and the British Ministry. And, yet, it after- wards appeared, that some weeks before this time,*
* By a letter of his to General Gage, at N. York, afterwards discov- ered, he boasted, " that he had managed this affair with much prudence."
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and when he dismissed the provincial troops from the Castle, he had delivered possession of that fortress to Col. DALRYMPLE, a British officer, and gave the keys into his hands ; declaring, at the same time, that he did it in obedience to express directions from Lord HILLSBOROUGH, one of the British ministers, to be garrisoned by such detachment, as the military officer should order. The House noticed this strange and apparently treacherous conduct, and warmly protested against it as a culpable surrender of his authority de- rived from the charter, and a criminal betraying of the rights of the people, for whose privileges and safety he was bound to provide. They said, it was their right as well as his to judge of the legality and propriety of placing the fortress of the province en- tirely in the hands of British troops ; and if he had relinquished all authority over the military force there, in their opinion, he had violated an essential charter right.
The patriots of Massachusetts had just cause of alarm, from the orders of the British administration thus to take the fortress at Castle Island out of the hands of the province, and to station a military force there, not in any degree under the control of the civil authority .* The object was too evident to leave any doubt on the minds of the intelligent citizens. Taken in connexion with other arbitrary measures of a recent date, and with intelligence from England that the policy of coercion was still to be pursued, it excited the most anxious apprehensions, and demand- ed the immediate attention of the Assembly. They had long perceived the design of the British govern- ment to place the subjects in America in the condition of slaves ; or what, in their view, was the same, in effect ; by levying taxes on them without their con- sent ; by giving unusual powers to the officers of the
ยท Several British ships of war were also ordered to Boston harbor, from Halifax, at this time. They were under the command of Com. Gambier.
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customs, and the courts of admiralty ; by issuing in- structions without regard to the provisions of the charter, and without the sanction of law ; and by plac- ing a large military force among the inhabitants of this province, to intimidate, to insult and to control them. But it was difficult to devise measures for redress, different from those already adopted, and without effect. They had made repeated statements of their grievances, of arbitrary and unconstitutional demands for a revenue, and of various violations or suspensions of their charter privileges ; had given assurances of their loyalty, and prayed for the resto- ration of former rights and liberties, which would place them on a level with their fellow citizens in Great Britain ; and other than constitutional means, they never proposed to adopt. The idea of revolt or separation from the parent government was not cher- ished by any. And, of riots and tumults, a great ma- jority of the citizens had an utter detestation. To petition again, considering the temper and views of administration, were a hopeless effort. Yet, while they called to their support, in this gloomy aspect of public affairs, the virtues of patience, of due subordi- nation and submission, they were resolved to watch every favorable opportunity for seeking relief, and to continue firmly to oppose the unjust claims of the British government.
At this session of the General Court, a committee was appointed to consider the situation of the militia, and a message was sent to the Lieut. Governor on the subject, requesting him to give orders for their being more frequently inspected and disciplined. And at the following session a bill passed the two Houses for their more efficient regulation. But it did not re- ceive the approbation of the chair. In the opinion of many of the members, this was an important subject ; and required particular attention. There was noth- ing like system in operation ; and no legislative pro- vision had been made for the due organization of the
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militia for several years. Whole regiments were almost entirely destitute of officers ; and many of the yeomanry, who had reached the age of manhood within the preceding six or eight years, were destitute of arms and wholly ignorant of military discipline. There is no evidence of a general belief, even among the lead- ing characters of that period, that a resort to force would be necessary to defend their civil rights : Nor could they then think of opposing successfully the mighty power of Great Britain. And yet, it is not improbable, that some of the more intelligent were in- duced to favor an efficient system of discipline for the militia, from a supposition that, eventually, the physical force of the province would be necessary for its protection.
At this period, the House of Representatives made choice of BENJAMIN FRANKLIN, Esq. then residing in England, for their agent, in the room of Mr. DE BERDT, lately deceased .* Dr. FRANKLIN had then been agent for Pennsylvania for several years; and his zeal for the rights and interests of America was justly celebrated. He was in London at the time the Stamp Act was repealed ; and was very critically examined by the House of Commons, as to the disposition of the people and the resources of the colonies. He was then in the meridian of life ; and eminent for his philosophical researches, as well as for his talents and judgment. This was a judicious appointment ; for his knowledge of mankind, his intelligence and prudence, were not less remarkable than his decision and ardor in the sacred cause of freedom.
Resolutions were also adopted by the Representa- tives, while in session, in November, to discourage extravagance and the use of all superfluities ; to encourage industry and frugality ; and to promote manufactures in the several towns within the pro- vince. A committee was also appointed to prepare
* Arthur Lee, Esq. of Virginia, was also chosen agent, in case of the death or absence of Dr. Franklin.
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a plan for the encouragement of arts, agriculture, manufactures and commerce .* An order was, like- wise, passed at this time, for a committee to corres- pond with the agents in England ; with the Speakers of the Assemblies of the other colonies; or with com- mittees chosen for a similar purpose ; with directions to report to the House of Representatives at a subsequent meeting of the General Court .; These various proceedings serve to show the zeal and ac- tivity of those patriotic men, who were then entrusted with the political concerns of the province : And afford abundant evidence that no probable means of relief were neglected.
A dispute was sustained between the Lieutenant Governor and the House of Representatives, at this session, of rather a singular character ; which, proba- bly, would not have arisen, except for his deviating from general usage and forms ; and that, in compli- ance with ministerial instructions. He was directed to require of the Assembly to use no other clause, in enacting laws, than "by the Governor, Council and House of Representatives," omitting the words, "in General Court assembled.". As proof, that this latter clause was not legally essential, he asserted, and they acknowledged, that, in many instances, on former occasions, it was omitted, in reciting the authority by which the laws were enacted. The great objection with the House, probably, was, that they should be bound by the instructions of ministers in their legis- lative capacity ; and should be expressly prohibited from using a phrase, which they considered proper, if not essential. They pretended, indeed, that, with- out this form of words, it was implied, that acts of
* J. Hancock, S. Adams, J. Adams, W. Heath and E. Thayer, Jr. were on that committee.
+ J. Hancock, S. Adams, J. Adams and S. Hall composed this com- mittee. It does not appear, that they wrote to the other colonies, as a former letter to them from Massachusetts had been so severely cen- sured in England-But they wrote very fully to Mr. Franklin. See Appendix, No. IV.
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the Legislature might be passed, when the several branches were not in session together. The Lieu- tenant Governor contended, that the other form was sufficiently legal : And he had general usage to sup- port his opinion ; as in most of the laws of the pro- vince the latter clause was omitted. The dispute was protracted to a great length, and several messages passed on the subject. But the House yielded at last, and concurred in the passage of several laws, in which these words were not inserted.
In contending with governor BERNARD and Mr. HUTCHINSON for the privileges of the Assembly, and the liberties of the people, which were often infringed by them, by virtue or under pretence of ministerial instructions, the Representatives were generally the most forward and spirited. Yet we have seen, that the Council also were firm and reso- Iute in their proceedings, on many trying occasions, when the General Court was not in session. It was by their determined conduct, in union with the spirited measures of the citizens of Boston, that the British troops were all removed from that place immediately after the massacre of the 5th of March. Their conduct and opinions on that occasion were misrepresented to administration, by the Lieutenant Governor and Secretary OLIVER; in consequence of which, the Council were censured by the King and his ministers ; and a proposition was made for having the members of that Body appointed by the crown. By request of Mr. HUTCHINSON, the Secretary had prepared an account of the doings of the Council on the 6th of March ; in which he had so expressed him- self, as to intimate, that there was a previous plan to remove the British troops and the commissioners of the revenue from Boston by force ; and therefore, that the troops were justified in their bloody deeds of the 5th of March, to intimidate and prevent the people from executing any such purpose. But the Council had only given an opinion, that, in conse-
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quence of the massacre, the people of the province might be provoked to attack them, unless they were removed to the Castle, as was the advice of the Council on that occasion. The Secretary made other charges against the Council, which went to render suspicious both their loyalty and veracity; and to shew the importance of having that Board composed of men selected by the King ; a plan long in agitation by the advocates of arbitrary power. This statement was laid before the King in Council, and an order, thereupon, was issued, for putting the fortress of the province (Castle Island) in possession of British troops, and for stationing several ships of war in the harbour of Boston, under the pretence, that the pro- vince was in a state of open opposition to the autho- rity of Parliament, and that the Council even, were timid or disloyal. To counteract, as far as possible, this misrepresentation and these measures, the Coun- cil made an able and full statement of their proceed- ings, and shewed how unjustly they had been accused. In a letter to their agent, in England, they com- plained of being thus greatly injured, when they were condemned unheard. They declared their loyalty to the King, and their attachment to the parent country ; and lamented, that the partial and false statements of their enemies had received so much attention, without any opportunity on their part, to vindicate themselves. And they expressed a full conviction, that the Secretary, by his represen- tations, had done great dishonor to the Council, and was guilty of a breach of trust.
CHAPTER XI.
Court meet at Cambridge in April, 1771, after a long interim-Difficul- ties remain-But they do not despond-Mr. Hutchinson appointed Governor-His Speech, and reply of the House-Protest against holding the Assembly out of Boston-Governor proposes military preparations on account of an expected war with Spain-The House decline-Salary of Governor to be paid by King-Great complaints on this account-Temporary harmony between the Governor and House-Further discussion on holding the General Court out of Boston-Protest of House-Militia-Officers of Revenue claim ex- emption from Taxes-Long proroguation of Assembly, and great complaints thereon-Governor more unpopular-High claims of Par- liament continued-Many friends of Liberty in England-Extracts of Letters from there.
THE General Court was prorogued in November, and not again called together until April, 1771. This long postponement was probably occasioned by express instructions from the British administration, or from a desire in Mr. HUTCHINSON to avoid all unpleasant collisions with the Representatives, and to gain knowledge of the temper of the people, through the province. He calculated much, no doubt, upon the timidity and the consequent submis- sion of a large portion of the people, from the con- sideration of the decisive language of ministers, with reference to the government of America, and of the large naval and land forces in the province, to deter from all serious opposition. But if the citizens were quiet, they were neither convinced in their judg- ment, nor subdued in their spirits. They were not
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to be diverted from their purpose, by difficulties or threats. And the calm, which seemed to promise contentment or acquiescence, was only a season for collecting new resolution for the struggle, when a fit occasion should present. A view of their situation was calculated to create despondence; and there was little to inspire hope of better days, except the justice of their cause, and a belief, that, in England, patriotic efforts would be made in defence of political freedom, whose influence would be extended to America. Not only did many of the trading and manufacturing parts of the nation feel well disposed towards the colonies; but there was now, as for- merly, a good number of able and eloquent statesmen, who were resolved to oppose the arbitrary doctrines and measures of administration, and to give their active support to the generous principles of the British Constitution.
When Mr. HUTCHINSON met the Assembly in April, 1771, he had received a commission as Gov- ernor of the Province, of which he then gave the General Court official notice : And declared his reso- lution to employ the powers thereby given him, for his Majesty's service, and the best interests of the people. They observed, in reply, that as he had his birth and education in the province, they hoped he would exercise the authority, with which he was vested, for the real service of the King, and the best good of the people. "The duties of governor and governed," they said, "were reciprocal ; and, by our happy constitution, their dependence is mutual." " Nothing," they added, "would more effectually produce and establish that order and tranquility in the province, so often disturbed under the late un- fortunate administration ; nothing would tend more to conciliate the affections of the people, and to in- sure to him those aids he would need from the Representatives, than to make use of the public au- thority with a sole view to the public welfare."
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This answer of the House was not delivered until several days after the first address of the Governor ; nor until they had once and again remonstrated against his holding the Assembly out of the town of Boston, and requested him to order its removal to that place. He informed them, that he could not comply with their request, so long as they called in question his right to convene the Court in whatever place he might please ; or the propriety of his obey- ing ministerial instructions in that respect.
At this session, the Governor gave information to the House of some Spanish aggressions on an English settlement in South America; and recommended to them to make arrangements for raising troops in the province, to assist the regular British forces, should the national service require it. He had previously issued a proclamation for the purpose of preparing the public mind for such a measure. But the House did not consider the affair of sufficient importance to authorize any military preparations, and declined the requisition and arrangement proposed, as unnecessary expence would thereby be created. And they were pleased to observe, " that the province had fre- quently, in times past, expended much blood and treasure for the enlargement, as well as support of his Majesty's dominions ; and that, when their rights and liberties were fully restored, as they should have the same reasons therefor, so they should not fail to continue their exertions with cheerfulness, and to the extent of their ability."
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