USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 19
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A new regulation, adopted by ministers, respect- ing the salary of the Governor, excited great uneasi- ness among the people of the province, at this time. Provision was now made for his support by the crown, without consulting the Assembly as to the amount ; and rendering their vote on the subject al- together unnecessary. The House protested against this measure, as it tended to render the Governor wholly independent of the people, and to make it,
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therefore, less his interest and desire to secure their approbation or confidence. They were ready, they said, to grant the usual allowance ; and contended for the exclusive right of making a voluntary provi- sion according to their judgment. They complained of this innovation, as designed to place the Governor of the province entirely under the influence of the British administration ; and to deprive them of the only check they had upon his public conduct. They saw in it another encroachment upon their ancient privileges, and a new proof of a deep and systematic plan to place rulers over them, whose interests were totally distinct from that of the people: And, there- fore, desired to be informed, "why it was that pro- vision was made for his support, as chief magistrate of the province, independent of his Majesty's Com- mons in it?" The Governor replied, "that the King, Lords and Commons of England, our Supreme Legislature, had determined it to be expedient, for his Majesty to make support for the civil government in the province, as he might judge necessary :" And thus brought into view the principle, claimed by himself and other royal agents, and by the ministry in England, that the British Parliament had a con- troling and paramount authority over the colonies in all cases whatever.
Although the House did not immediately reply to this statement, we shall find them, on a future occa- sion, objecting with great decision and zeal to this alarming doctrine; for this, indeed, was the great cause of the dispute which had so long existed. And while such claims were advanced in England, and by the Governor so frequently and obtrusively urged, we are not to suppose the intelligent patriots of Massachusetts would cease their complaints or op- position. About this time, however, the Governor wrote to England, rather in favor of the disposition prevailing in the province, notwithstanding these complaints on account of his salary : And when he
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met the General Court the last of May, he gave them notice, that he had made such a representation. In their reply to this address, the House of Representa- tives appealed to the Governor, " whether the people of Massachusetts had not always been disposed to promote order, and a due submission to constitu- tional authority-and whether there ever had been a time, when he was not warranted so to represent them to the King, as to give his Majesty entire satis- faction with their conduct ?" -- "'The people," they added, " had indeed been, and still were discontented with the acts of Parliament for raising a revenue in America, without the free consent of their own Re- presentatives ; and with other regulations, which they justly apprehend to be, not only oppressive, but destructive of their constitutional and charter rights. This uneasiness had been grussly misrepre- sented by the enemies of the province, as a mark of disaffection to his Majesty's government. If your Excellency will be pleased to employ that influence, which your high station in the province gives you, in effecting a redress of our grievances, you will, in the opinion of this House, very substantially promote the real interest of the province, and establish order, peace and prosperity ; and thereby render the most acceptable service to the people, in a manner per- fectly consistent with your duty to his Majesty."
The Governor had directed the General Court to be holden again in Cambridge ; and on the first day of the session, the House made application to his Excellency to be removed to the Town House in Boston, as they considered it very inconvenient, and no reasons had been given, to hold it in any other place. The Governor said he could not consent to their request; and in stating the difficulty, he was not consistent with himself, in the remarks he had before made to vindicate his conduct. On former occasions, when it was objected to his being bound by instructions, he insisted on his own power as
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Governor, to hold the Assembly in any place he might choose. He now declared his desire to com- ply with the wishes of the House; but that he was restrained from doing it, until he could learn the King's pleasure : And thus acknowledged, that in this arbitrary measure, he had not acted according to his own judgment, with a view to the convenience and interests of the people; but in obedience to ministerial instructions which had no regard to the welfare of the province, or the accommodation of the Assembly. In truth, the Governor was hard pressed .by objections and arguments of the House ; and some- times attempted to justify himself in this affair by the consideration of his own discretionary authority ; and at other times, by that of directions from the British ministry. Although the Assembly proceeded to transact the public business before them, they once more protested against the conduct of the Governor in thus exerting his prerogative power, (granted solely for the convenience and benefit of the people, or their Representatives,) for the gratification of his own feelings, or in subserviency to the views of those who had no right to interfere in the case .*
The Governor neglected to sign an act for the bet- ter regulation of the militia, which was adopted by the two Houses, during the preceding year : But he now recommended the subject to the Assembly ; and complained, that the officers, and even the Com- mander in Chief had not legal authority to maintain a proper military subordination and discipline. The House declared their readiness to encourage a mili- tary spirit, and their wish that the militia should be subjected to more efficient regulations ; but were not disposed to give any greater power to the Governor, as Commander in Chief, or to other high officers, than the law already gave them. A bill passed the two Houses, but it was not approved by the Governor. He
* See Appendix, No. IV.
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seemed to wish for a more perfect control of the militia ; while the Representatives were chiefly anx- ious to provide for their equipment and discipline. Whether either expected that the militia would be soon called upon to act as a military body, is rather a matter of conjecture than of certainty or of great probability.
When the tax bill was presented to the Governor, this year, for his approbation, he objected, that it con- tained the usual provisions, and did not expressly ex- empt from taxation the officers of the crown, in the province. They were assessed like other citizens, the preceding year ; but they claimed an exemption, on account of their official capacity ; and the Governor undertook to justify and support their claim, by ob- jecting to the tax act, unless a provision were intro- duced, by which they should no longer be liable to be assessed in the towns where they resided ; stating that he had been so instructed by the King. The House were justly alarmed by such a novel claim : And in- sisted, that all persons who had an actual residence in the colony, and especially who held lucrative offices, were in reason and equity liable to pay taxes for pro- tection, and for the support of government, as well as any other class of citizens. In their Message to the Governor, on this subject, they took occasion to ob- serve, " that they knew of no officers of the customs, nor of any revenue his Majesty had a right to es- tablish in the province ; they knew and felt a tribute extorted from those, who, if they had property, had a right to the absolute disposal of it." "For the Gov- ernor to withhold his assent to the bill, merely by force of instructions, was in effect vacating the charter, and giving to instructions the force of laws within the province. Such a doctrine, if established, would ren- der the Representatives of a free people, mere ma- chines; and they would be reduced to this fatal alternative, either to have no taxes levied and raised at all, or to have them raised and levied, in such man-
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ner, and upon those only, whom his Majesty's min- isters might please." They did not alter the tax bill as the Governor proposed ; and as he refused to give his assent to it, in the form prepared by the House, none was passed at this session of the General Court. And after a long speech, in which he attempted again to vindicate his right to hold the Assembly in any place he saw fit, by virtue of his authority as Gov- ernor, subject, however, to royal instructions, without giving his reasons or being obliged to shew wherein the public good required it, he caused the Legislature to be prorogued to September ; and, thence, to April, 1772 ; a space unusually long for a recess of the Gen- eral Court, which created much uneasiness, especially as public business of importance remained from a former session unfinished.
The Council were equally decided, with the House of Representatives, in their remonstrances against the exercise of the Governor's prerogative, in holding the Assembly so long and for so many sessions, out of the town of Boston, when no sufficient reasons were given for the measure, and it was most evidently against the wishes and convenience of the General Court. They frequently addressed the Governor on the subject, expressed their high disapprobation of such exercise of authority, and insisted, that it was a perversion and an abuse of power, and therefore, ar- bitrary and unconstitutional.
We have seen, that the Governor repeatedly de- clared his wish to maintain an harmonious intercourse with the House of Representatives, and to consult their views in all cases wherein he was not prohibited by his instructions from the ministry. Yet, he fre- quently manifested a different disposition in his offi- cial conduct : And it is rather surprising, that, on several occasions, he should have opposed their re- quests, when there appeared no just reason for a refusal. At this and at the former session, the two Houses voted a compensation to their respective
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agents in England, and requested his consent and ap- probation, as was necessary to give validity to it; but he refused, on both occasions. And when, to- wards the close of the session, they made known their wishes, that the General Court might be prorogued to October, to complete the business of valuation, which had been ordered to be taken, his reply was, " that he should always consult his Majesty's service, as to the time of meeting the General Assembly, and govern himself accordingly." So devoted was he to the interests of the crown and so subservient to the directions of administration, that the people lost all confidence in him as an assertor of their liberties and the guardian of their rights. By the common class of citizens, he was branded as a tyrant, and a traitor to the country which gave him birth. And the most intelligent were led to consider him merely as the willing agent of an arbitrary government. Through him, therefore, they could not hope for a favorable access to the throne, or for more mild measures in the rulers of the parent country. Under these cir- cumstances, they frequently addressed their agents in England, and urged them to improve every oppor- tunity for obtaining relief from immediate grievances, and an acknowledgement of their ancient rights. These, indeed, could have little influence. For ac- cording to the prevailing opinion of the Court, the province was a mere corporation, existing only at the will of ministers and wholly subject to their control. The agents were not allowed to plead the cause of the province, nor heard in stating the evils endured under the government of a military force, or of minis- terial instructions, founded neither in law nor justice. Ministers contended for an absolute, and, of course, an arbitrary power over the colonies ; and treated all their remonstrances as evidence of a disloyal and rebellious spirit. They acknowledged no real, inde- pendent or natural rights in the subjects in America : And pretended they should be satisfied with such a
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measure of liberty as it might please their rulers in England to dispense to them. There still existed the same great difference of opinion between the British Ministry and the patriotic statesmen of Mas- sachusetts, from which the controversy arose in 1765. The latter claimed all the rights of self government and of legislation, with the single qualification of being controled by the crown ; while the former treated the people in the province as in a dependent and servile condition, who were bound to acquiesce in the authority of Parliament. Without a conces- sion of right on the one part, or of authority on the other, no compromise was possible, and no harmony was to be expected.
There was, indeed, about this time, some appear- ance of a more mild and just policy in the conduct of ministers towards America ; which was to be at- tributed, probably, to the apprehension of a war with Spain. For in such an event, it would be wise to conciliate the colonies, who could afford aid in the contest to the parent state. Ministers were also very unpopular in England ; and powerful attempts were made to effect a change of councils. Though Lord CHATHAM was too feeble in health to exert much in- fluence with the Ministers, and though BURKE had hardly yet displayed his great talents in defence of civil freedom, there were many able and zealous ad- vocates in her cause, in the English nation. The Constitution and the great maxims of British liberty had powerful supporters. And they were too en- lightened and too disinterested to confine their views to England. They espoused the cause of the colo- nies ; and protested warmly against the severe mea- sures, which had been pursued in governing their fellow subjects, in this part of the kingdom.
There was, however, no material change in the policy of Great Britain towards the Colonies : So that the same spirit of dissatisfaction prevailed ; and the same complaints were made of oppression and
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tyranny. The obnoxious acts for raising a revenue, in the province, without the consent of the Legisla- tive Assembly, were kept in force ; instructions were given to the Governor for his rule of conduct, which had no respect to standing laws, or to the conve- nience of the people; a large military force remained in the vicinity of the capital, not subject to the con- trol of the civil authority ; the Governor was ren- dered wholly independent of the people, by receiving his salary from the crown ; and whenever the sub- ject was agitated, the administration in England were careful to insist on their absolute supremacy. There was then no hope of reconciliation ; and no just rea- son for contentment with high-minded and patriotic freemen.
By letters received from the agents, and others in England, at this period, little encouragement was given for a full redress of grievances, though the peo- ple were exhorted to persevere in the course adopted for the maintenance of their liberties. " I have learnt, with great satisfaction," said ARTHUR LEE, " from the late proceedings of the Assembly of your province, that you are determined to resist any new invasion of your rights, as well as to remonstrate against those which have already passed. It was such vigilance and perseverance in your illustrious ances- tors, that redeemed our constitution when equally invaded : And I trust in God, that these virtues in you will be crowned with the same success." "There is an artful man here from Virginia, who is prosecut- ing a scheme for an American Episcopate. You will consider, whether any measures on your side may be necessary to counteract this dangerous innovation. Regarding it as threatening the subversion both of our civil and religious liberties, I shall give to it all the opposition in my power." Dr. FRANKLIN observes, " I have the pleasure to acquaint you from good au- thority, that the project formed by the enemies of the province, for a bill to abridge our charter rights,
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though, at first, it received some countenance, is now laid aside. I opposed it, by shewing the imprudence of the measure, and openly declaring my opinion, that the charter being a compact between the King and the people of the colony, who were out of the realm of Great Britain, there existed no where on earth a power to alter it, while its terms were complied with, without the consent of both the contracting parties. I presume not to say, that this had any weight ; and I rather think that a disposition prevails of late to be on good terms with the colonies; especially as we seem to be on the eve of a war with Spain ; and that, on account of that disposition, more attention has been paid to the sober advice of our friends, and less to the virulent instigations of our enemies." A letter from a private gentleman, but one of great res- pectability, contains the following remarks. "The voluntary recess of your virtuous and brave ancestors from the scenes of tyranny and corruption, which the reign of the Stuarts had spread over this kingdom, and the colonies and churches which they had estab- lished on your continent, upon the more glorious principles of liberal christianity, I cannot but consider as a most important event ; by which very happy fruits are now ripening, though amidst heavy storms, for the great benefit of the whole Christian church. For the noble stand you have made in the cause, both of civil and religious liberty, the whole Christian world owes you many thanks. May your patience and fidelity continue stedfast to the end. There are many thousands here who sympathize with you, and unite their prayers with yours for relief." And here also it may be proper to refer to the important testi- mony of HUME, as to the peculiar love of freedom in the Puritans, the persecuted race of men by whom New-England was settled ; " That to their spirit and struggles, it was owing, that the flame of liberty was kept alive in the time of Elizabeth, of James, and of Charles I."
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In April, 1772, and, again, on the last Wednesday of May following, the General Court was convened at Cambridge, by direction of the Governor. The House of Representatives continued to remonstrate against the measure as a grievance, and a great abuse of power, since there was no necessity to justify it ; and both the wishes and the convenience of the peo- ple required it to be held in Boston. The same objections were offered as on former occasions; and the House persisted in declaring such conduct alto- gether arbitrary, although the Governor had inti- mated, that, on their acknowledging his right, in conformity to royal instructions, to hold the Assembly in any place he should determine, he might be in- duced to remove it to the capital. He pretended, that it was for the public good the Assembly had been holden at Cambridge, and that the prerogative power was only to be exercised in such cases as the general welfare or exigency required ; yet he gave no good reason for this measure ; and it was most decidedly in opposition to the public sentiment, as well as to the repeated and urgent request of the Representatives. In July of this year, he ordered it to be holden in Boston, the ancient and proper place of its meeting, out of which it had been kept for more than two years. But he gained no popu- larity by the measure, at this late period, and after discovering a temper so obstinate and so unaccommo- dating to the just opinions and requests of the Legis- lative Body. There was now a settled and general dissatisfaction of his conduct, growing out of his entire subserviency to the British administration, so hostile to the freedom and prosperity of America. He accept- ed, about this time, and most probably had solicited, a salary from the crown, which rendered him indepen- dent of the people in the province. Thus supported, he felt it not his interest to seek their welfare. And their affection for him was finally lost, by his prefer- ence of the royal favor to their dearest and most
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valued privileges. They considered his acceptance of a support from the British government, as a "bribe," to secure his efforts in promoting its tyrannical schemes ; and justly complained of being thus deprived of all "check" upon his public con- duct.
This was, in fact, a great change of the spirit and meaning of their charter. They were fully sensible of the dangerous tendency of such an innovation ; and urged the Governor to make application to the King, that his support might be provided, as former- ly, by the voluntary order of the Representatives. He gave no promise, however, to make such a re- quest ; and there is no evidence that he ever did. On the contrary, he declined the usual and honorable grant from the province ; "it having been signified to him, that he was to receive his salary from the British government." But soon after, he requested, that the Province House might be fitted up for his reception. The Representatives replied, that they were sensible it needed repairs, and that they were ready to order them to be made " for a Governor who received his support from the province : But as he had accepted a salary from the King, they felt no obligation to incur expense for his accommodation."
The Representatives expressed their great dis- satisfaction with this new regulation of ministers, by which the Governor was to have his support from the crown, in certain resolutions, wherein they de- clared the measure "to be an infraction of their charter." They stated their views of the charter, "as a solemn contract between the crown and the inhabitants of the province :" And this, they said, provided for their supporting its government, with all its civil officers, in such manner and at such an amount, as they should determine. They also pointed out the evils which would result from the measure ; as the Governor would thus be entirely independent of the people, of whose interests and liberties he was
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designed to be the public guardian. A few days after, the Governor called for a copy of these reso- lutions ; and in a labored message, attempted to in- validate the reasoning, from which the House had concluded the aforesaid regulation to be an infringe- ment on their charter. He assumed, that the charter was (not a contract between two independent parties, but) a mere grant of powers and privileges from the King; which the people of the province could justly claim, only so long as the Sovereign chose to approve of the grant which had been made; and which he had a right, at any time, even without a charge of violation or non-performance on their part, of his absolute and unlimited authority, or mere pleasure, to vacate or alter. The doctrine he advanced was, that the privileges and liberties of the province rested solely upon the royal grant and will; the people in the province having no inherent rights, either as men, or as British subjects. In any other view of the subject, he argued, they would be wholly independent both of Parliament and of the crown. For this, few civilians of Massachusetts were now prepared openly to contend ; although the legislative authority they claimed, and their denial of the right of Parliament to make laws for the province, seemed to lead to this principle. The conclusion drawn, by the Governor, from the position he assumed, and the arguments he used to support it, went to justify the British ministry in their late regulation respecting his salary, and to fortify his favorite maxim, that the colonists were bound to submit to all the laws and directions of the parent government: While the House contended, that the charter was an acknow- ledgment and guarantee of legislative power to the inhabitants of the province, from the King, on cer- tain conditions ; which, so long as they fulfilled the conditions, he could not rightfully alter or take away. As to the right of a British Legislature to control and direct them, they denied it altogether. We shall
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see this discussion soon brought forward again by the Governor, and forced upon the Assembly, from the necessity of self-vindication ; and managed so ably by the patriotic legislators of Massachusetts, as to show the justice of their claims, in opposition to Parliamentary supremacy over the colonies ; in con- sequence of which they were induced to persevere in their struggles for freedom, and at last to take up arms in its defence.
CHAPTER XII.
Measures of British Ministry more alarming-Decision necessary in the Province, in support of its rights-Meeting in Boston, in November, 1772-Correspondence with other towns in Province-Rights of the Colonies stated-Address to other Towns-Proceedings in some other places-Discussion respecting Judges salaries by W. Brattle and J. Adams-Governor's Speech, January, 1773, contending for Supre- macy of Parliament-Reply of Council and House-Their views of Parliamentary authority, and of subordinate Legislatures-Second message of Governor on the subject, and reply of House-Proceed- ings forwarded to Virginia-Committee of Correspondence with other Colonies, in June, 1773-Their letter of Oct. 1773-And letter of Council and House to Lord Dartmouth-Governor Hutchinson's letters misrepresenting the Province discovered-Situation of Pro- vince and temper-of the people-Endured much, and desired only their legitimate rights-Apprehensions of forcible opposition-State of Religious Societies and Churches.
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