USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 2
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* On several occasions, acts of Parliament, which referred to the pro- vince, were confirmed by the General Court.
+ Tyler, Otis, Cushing and Thacher-Tyler was chosen into the council, and T. Gray was elected in his room.
# Several of the judges were then members of the council, which, even at this early period, was thought improper.
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necessary to maintain the garrisons on our frontier, considering we are now in a state of profound peace -That you make it the object of your attention to support our commerce in all its just rights, and to vindicate it from all unreasonable impositions. Our trade has long been embarrassed ; and it is with great concern we see further difficulties coming upon it, which will virtually obstruct and ruin it. We cannot but express our surprise, that, when early notice was given, by our agent, of the intentions of the ministry to burden us with new taxes, so little regard was paid to this most interesting subject ; that the Court was not even called together to consult about it. The consequence was, that instructions could not be sent him till the evil was beyond a remedy. There is now no room for delay. We, therefore, expect you will use your earliest endeavours, in the General Assembly, that such methods be taken as will effect- ually prevent these proceedings against us. By a proper representation, we apprehend, it may be easily made to appear, that such severities will prove detrimental to Great Britain herself; on which ac- count, we hope the act,* if already passed, will be repealed. Our trade centres in England; and, in return for manufactures, affords her more ready cash than can justly be expected from the act proposed. But our greatest apprehension is, that these proceed- ings may be preparatory to new taxes : For, if our trade may be taxed, why not our lands ? Why not the produce of our lands, and every thing we possess or use ? This, we conceive, annihilates our charter rights to govern and tax ourselves. It strikes at our British privileges ; which, as we have never forfeit- ed, we hold in common with our fellow subjects, who are natives of Britain. If taxes are laid upon us, in any shape, without our having a legal representation where they are laid, we are reduced from the char-
*The sugar act, passed February 7, 1764,
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acter of free subjects to the state of tributary slaves. We, therefore, earnestly recommend it to you to use your utmost endeavours to obtain, from the General Court, all necessary advice and instruction, to our agent, at this most critical juncture-that while he is setting forth the unshaken loyalty of this province, its great exertions in supporting his majesty's gov- ernment and rights, in this part of his dominions, its acknowledged dependence upon and subordination to Great Britain, and the ready submission of its mer- chants to all just and necessary regulations of trade, he may be able, in the most humble and pressing manner, to remonstrate for us all those rights and privileges which justly belong to us, either by char- ter or birth. We also desire you to use your en- deavours that the other colonies, having the same interests and rights with us, may add their weight to that of this province; that by united application of all who are aggrieved, all may obtain redress."*
The representatives of Boston were fully disposed to attend to these instructions-to remonstrate against the claims of Parliament for taxing America, and to vindicate the rights guaranteed by charter, and enjoy- ed by all Englishmen. A large majority of the Gen- eral Assembly cherished the same patriotic views. The alarm had been given, by recent intelligence of the intentions of Parliament to subject the colonies to an arbitrary tax, in addition to that which they saw fit to lay on themselves; and a watchful spirit was abroad, to guard the rights and liberties received from their fathers. A statement was made and pre- sented to the General Court, by Mr. OTIS, one of the representatives of the town of Boston, of the rights of the colonies generally, and of Massachusetts in particular ; founded on declarations in the charter, ancient usage, the principles of Magna Charta, and of the natural and unalienable rights of man. This
* An early suggestion of the necessity of the united efforts of the American colonies.
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statement was approved by the House of Represen- tatives, and ordered to be forwarded to their agent in England. Instructions were also prepared and sent him, by the Assembly, at this time, requiring him to exert himself in defence of the rights of the province, in accordance with the opinions and views above expressed.
These were measures of the House of Representa- tives only. They declined acting with the Council on the subject. For, although many of that body were highly patriotic, a majority of them were so much under the influence of Governor BERNARD, and Mr. HUTCHINSON, then Lieut. Governor and Chief Justice, that they would not have approved of the manner in which the House spoke of their rights, and of the claims of Parliament. And it will be seen, that when the House of Assembly and the Council acted together on these subjects, in Novem- ber of this year, and when there was reason for greater decision, the expression of their opinions, owing to the influence of the Council, was less deci- sive and explicit.
In their letter of instructions to the agent, the representatives complained, that, by his silence, when the late measures of administration were adopt- ed for raising a revenue in the colonies, he seemed to have tacitly acknowledged the right of Parliament to impose duties and taxes upon them ; which, they observed, should never be conceded, as they were not represented in the British Legislature ; it being a fundamental principle of the British constitution, ' that the subject could not be taxed without the consent of his representative.' They also referred to the services of the province in the late war, which had been very important to the whole kingdom, and had involved them in a heavy debt-They stated, that this colony had defended itself from its first settlement, with very little aid from England : And they insisted that they should be reduced to slavery,
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if the British Parliament, in which they could have no voice, might tax them at its pleasure-They complained of the rapid manner in which laws were passed in Parliament, affecting the property and lib- erties of the people in the colonies; which rendered it impossible to be heard, by remonstrance or peti- tion. They alluded, with suitable disapprobation, to the proposal of ministers to allow the colonies to tax themselves for the amount required, in which they could have no freedom of judgment : And in noticing the argument in favor of the right of Parliament to levy taxes, drawn from the practice of sometimes prohibiting or restricting trade, which they consid- ered should be seldom resorted to, they denied the conclusion ; and contended, that the right of taxing the subjects by their representatives was the grand barrier of British liberty-" And though a people might be free and happy without a particular branch of trade, they could be neither, if they had not the privilege of assessing their own taxes."
In, the statement of the rights of the colonies, which the House of Assembly approved, and direct- ed to be sent to their agent in England, as expressing more fully than their letter of instructions, the pow- ers and privileges claimed by the people in Massa- chusetts, and the arguments by which these claims were supported, the supremacy of Parliament was fully admitted ; and it was conceded, that there must be a supreme authority in all governments; as this was essential to prevent anarchy and to preserve order in society. But it was at the same time con- tended, that this supreme authority was not arbitrary and despotic, in the British government; but was limited and controled, not only by the great axioms of reason and justice, but by the constitution, which defined the powers of Parliament, and declared the object for which government was established ; the good of the citizens, or subjects : and thence was deduced the right of the people to examine and
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judge of even acts of the supreme legislative author- ity ; to disapprove, to petition and remonstrate ; to alter their form of government: And in extreme cases, it was asserted, a radical change would be jus- tified. The declarations of Magna Charta and the principles advanced at the revolution of 1689 were referred to, as proofs, that the people of England claimed and had exercised such power. And it was further stated, that men had original and natural rights ; that all just governments were founded for the good of the people, and must be consonant to their views-That rulers were only public agents, to whom power was delegated for the security and liberty of the whole ; and that whenever power was abused to purposes of tyranny and oppression, the subject was released from the obligations of obedi- ence, and might rightfully oppose.
The reasons given by the Parliament and people of England in 1689 for throwing off the government of James II. and inviting the Prince of Orange to the throne, were distinctly stated, and urged as affording support to the principles contended for in the memorial. And it is remarkable, that many charges made against James* of arbitrary conduct, were similar to those preferred against George III. by the people of America, in 1774. The natural and original rights of the people were particularly insisted on ; yet so modified and defined, as to guard against all licentiousness and insubordination ; and to justify opposition to government only when measures, highly oppressive and essentially injurious to the liberty of the subject, were attempted to be enforced, and all arguments and remonstrances should have been ineffectual. The strongest expressions of loy-
* He was charged with assuming power to suspend laws without con- sent of Parliament-levying money without a legislative act-raising a standing army in time of peace, at his own will and that of his ministers -and quartering them upon the people contrary to law-violating the freedom of elections, and giving judicial courts the powers of legislation.
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alty were used, and no doubt with great sincerity ; and all views of independence utterly disclaimed. The writer was also careful to fortify his statement by referring to the reasoning of Locke on civil liberty. But this, though it might give weight to his argu- ments with the advocates of free governments, would not produce conviction in those who were disposed to support an administration in the exercise of arbi- trary power.
As in the letter of instructions to the agent, there were contained in this statement also, allusions to the past services of the province; to their own separate debt, for the payment of which it was necessary to provide ; to the constant expenses of supporting their own government; and to the probability of forcing the people in the colony to discontinue all importa- tions from Great Britain, and to manufacture their own goods; which would operate unfavorably to the trade and prosperity of the parent state. But these were urged as minor considerations, compared to the all-important one of the right, as Englishmen, deriv- ed to them by charter, by usage, and most of all from nature and the Author of nature, of which no authority could justly deprive them, to legislate for themselves, and to decide as to the mode and the amount of taxes to be levied, and the objects to which they were to be applied. This indeed was the gist of the dispute .* The patriots of Massachusetts
* The editor of a volume published in England, in the beginning of the war of the Revolution, with the title of 'Prior Documents,' and which has been often quoted by those who have undertaken to give a history of the controversy between Great Britain and the Colonies from 1765, &c. asserts, " that the great dispute, which led to Independence, was occasioned by the determination of Parliament to enforce the laws against smuggling." It is true, that, in consequence of the very high duties on imported goods, there were attempts to evade the revenue acts, as has been the case in all countries : and, that great severity was exercised, in several instances, in executing the laws on this subject ; which was the cause of complaint. But one must be totally ignorant of the sentiments, the writings and the proceedings in Massachusetts for ten years before the war, not to know, that the contest was as to the right of the British Parliament to levy taxes, and legislate for the people in the colonies, who had no voice in assessing the taxes or enacting the laws.
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uniformly contended for this right. The claims and the acts of Parliament were in violation of it; and the advocates of the ministry expressly denied it. This claim was clearly stated and ably supported by a variety of arguments in the paper above mention- ed. And the doctrines and principles therein ad- vanced were recognized as correct in all the subse- quent stages of the controversy. The declaration of Independence acknowledged them : The constitution of Massachusetts is only a more extensive recognition of their truth and importance.
The distinguished individuals who were the most active, and who had the greatest influence in this important controversy, were governor BERNARD and Lieut. governor HUTCHINSON, on the side of administration ; and JAMES OTIS, JAMES BOWDOIN, SAMUEL ADAMS, JOSEPH HAWLEY, JOHN ADAMS, JOHN HANCOCK, JOSIAH QUINCY, and SAMUEL DEX- TER, in support of charter rights, and of the liberties of the people. Governor BERNARD was educated a lawyer. He was an accomplished scholar and a man of talents. His style of writing was pure and forci- ble. But he was not qualified to be popular among a people like those in Massachusetts, who were averse from the parade and trappings of power, and greatly attached to civil liberty. He was a warm advocate for the supremacy of Parliament, and the prerogatives of the king; and could not endure any opposition to his own opinions and measures. In his temper, he was ardent, and in his manners frank and open ; nor did he generally attempt to disguise his sentiments from the public. His warmth of feeling, and his zeal for what he considered the rights of the crown, betrayed him sometimes into extravagant and intemperate expressions, which neither prudence nor decorum could justify. His opponents . took advantage of this infirmity; and triumphed in his undignified precipitancy.
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HUTCHINSON was cautious, subtle and ingenious. There was a plausibility in his manner, which capti- vated ordinary minds ; a coolness, which gave him a superiority over the ardent and impetuous ; and so much of sophistry in his reasoning as to confound those who were not able and discriminating logicians. He professed great regard for religion and its minis- ters, and was highly esteemed for his exemplary piety. At this period, he had been long in public life, and knew much of human nature. He had been many years Chief Justice of the Superior Court in the province, and Judge of Probate for the County of Suffolk. His learning, his talents, and his habits of business, made him very respectable; and, per- haps, no one had more influence in the government, at the commencement of the controversy with Great Britain. But he was ambitious ; and disposed, there- fore, to conciliate the good will of the British admin- istration. He was ready, in all cases, to justify or to apologize for the acts of Parliament and the orders of the ministry. He might have believed, that any opposition to government, was both improper and impolitic. For who is above all influence of interest or prejudice !
In the early stage of the dispute, however, HUTCHINSON seems to have assented to the doctrine, long held as correct and important by the people of Massachusetts, that the legislative assemblies had the sole right to lay internal taxes. He acknowledged also, that acts of Parliament for regulating trade and raising a revenue for Great Britain from the com- merce of the colonies, was impolitic, though he did not deny their constitutionality. It was apparent, that he was desirous to keep in favor with the ad- ministration ; and was disposed, rather to acknowl- edge these exemptions from taxation by Parliament, as privileges, than to assert and claim them as a right.
For several years, in the early period of the con- troversy, JAMES OTIS, one of the representatives
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from Boston, may be justly ranked foremost in that patriotic band, who ably asserted the rights and lib- erties of the people. He possessed great strength of mind, and great decision and energy of character. By the study of the law, he had acquired an exten- sive knowledge of the subjects of legislation and politics. And he was well read in history; espe- cially that of England, in all the periods and changes of its government. As a public speaker, he was dis- tinguished for a facility and copiousness of expres- sion, and for a powerful, captivating eloquence. He had not, indeed, the calculating prudence which most politicians deem necessary ; but pursued the strait-forward course, which was dictated by a high sense of duty and an ardent love of country.
Mr. BOWDOIN was one of the Council at this period. He had less ardor than OTIS ; but was an able and decided advocate of the rights of the pro- vince. His studies had been more of a philosophical cast, and he had also been engaged in mercantile pursuits. But he was a man of general literature, and had acquainted himself with the nature and principles of civil government. His talents, his principles, and his services, were highly appreciated. If he was not apparently so zealous and resolute as some others, yet he was steady and persevering in his conduct. He was too wise and too independent to be the dupe of BERNARD and HUTCHINSON; and though not among those who were the most obnox- ious to them, he early opposed their ambitious mea- sures, and soon became subject to their bitter resent- ment.
JOSEPH HAWLEY was an eminent lawyer, and a zealous friend of liberty. He was more like OTIS in his great ardor of feeling ; while Mr. DEXTER, a gentleman highly respectable for his education, his talents and patriotism, might be likened rather to BOWDOIN, for his moderation and uniformity of con- duct. Not that they ever halted or relaxed in their
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exertions for the support of colonial rights. And while the dispute was conducted by reasoning and argument, they were equally useful with the more ardent and zealous. THOMAS CUSHING and OXEN- BRIDGE THACHER, representatives from the town of Boston, are also to be ranked among the active and able asserters of civil liberty at this critical period. They had great influence in the legislature; and THACHER wrote with much ability in favor of colo- nial privileges, which were then considered as sacred and unalienable rights.
SAMUEL ADAMS, JOHN HANCOCK, JOHN ADAMS, JAMES WARREN, and JOSIAH QUINCY, were not members of the legislature, nor concerned in the government, at this time. But soon after this period, we shall find them chosen by the people to be the defenders of their liberties ; and we shall see with what ability and zeal they fulfilled the expectations of the public. There were many other intelligent, active and ardent patriots, among the representatives, as well as in the private walks of life, in the pro- vince, who by their conversation and writings, on all proper occasions, contributed their influence to main- tain the rights of the colonies, in opposition to the claims of Parliament; and who had a great share in the resolute stand which was then made for the pre- servation of civil liberty. It may be justly observed, also, that the people of Massachusetts, generally, were well informed as to their political rights ; and gave a ready and cordial support to the patriotic measures adopted by their representatives. Most of the clergy were decided and explicit in favor of the rights of the people. They were active in giving their fellow-citizens correct views of the dispute then agitated ; and frequently, on public occasions, subse- quently to this period, stood forth as the able advo- cates of civil liberty. CHAUNCY, and MAYHEW, were men of great ยท talents and extensive erudition ; and were warmly attached both to political and reli- gious freedom.
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At this session, (June, 1764) a committee was appointed by the legislature, as recommended by the citizens of Boston, and four of whom were represen- tatives of that ancient town, to write, in the recess, to the other colonies and acquaint them with the instructions they had given to their agent in England, to exert himself for a repeal of the sugar act, and to prevent the proposed stamp act, or any other impo- sitions and taxes, on the provinces ; and to request the several assemblies to adopt a similar measure. This was an important proceeding. It shews the alarm which prevailed in Massachusetts, and the deep sense entertained of the value of ancient rights, which it was necessary to preserve, if they would continue a free people. And it must have had the effect to rouse the citizens throughout the colonies to a solemn consideration of the evils which threatened, and to the adoption of united efforts to avert them.
At the opening of this session, the Governor re- commended to the Assembly to make provision for increasing the forces in the garrisons on the eastern frontiers : And by two special messages afterwards, urged the augmentation of those establishments. But the House of Representatives declined making the provision desired ; stating that they did not conceive it necessary to add to the military force in any part of the province, since peace was restored and no attacks from the Indians were to be apprehended ; and that the taxes were already great upon the people, in consequence of the expenses of the late war. This is an evidence of the independence of the Assembly, to a certain extent; and of their competency, solely, to judge of the expediency of measures involving expenses to the people, though proposed and recommended by the agents of the crown. Nor does it appear, that this decision of the Assembly, contrary to the opinion and views of the Governor, was considered as novel, or condemned as unjust. It was, in fact, agreeable to former usage in
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similar cases. The representatives of the people had always claimed the privilege of deciding on measures necessary for the protection and defence of the pro- vince, and on the manner of raising money to meet the expenses which such measures occasioned. And, hitherto, they had not conceived that they could be justly required to contribute to the support of the separate government of England, or to bear the bur- den of taxes growing out of wars for the defence or glory of the parent country. They had never before been called upon to do it.
The people of the province were also, at this time, alarmed by a plan of the ministry to keep a standing army in America, with the pretence of guarding and defending the frontiers; but more probably with a view, as apprehended, to enforce the execution of unjust and unpopular laws then in contemplation. If such a plan was proposed at this period, it was soon relinquished, or postponed to a future day. The measure, however, was revived a few years after; and with great propriety, was enumerated among the grievances suffered, under an arbitrary administra- tion.
During the recess of the legislature, from June to October, the members became more fully acquainted with the views and feelings of their constituents. The claim set up by Parliament of their right to tax America, was generally a subject of discussion with intelligent men through the province. The alarm had been given by the town of Boston ; and the sen- timents expressed by the Assembly were almost uni- versally approved .* Much was published in the
* The pamphlet attributed to Mr. Otis, stating the rights of the colo- nies in general, and of this province in particular, was published in June, and had an extensive circulation. It was believed, that S. Adams assisted in preparing this able Statement, and that he was one of those who originated the instructions given by the citizens of Boston, to their representatives, before mentioned. From this pamphlet the people derived correct views of their rights, and a just sense of their value, which they never ceased to cherish and maintain.
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newspapers of the day. And at this early period, it was openly contended, that the colonists had the exclusive right, by charter and as British subjects, which they had hitherto exercised, of taxing them- selves-that taxation and representation must be united, wherever civil liberty was enjoyed-And that it would be impossible to have a proper repre- sentation from the province in the Parliament of Great Britain. There were some, indeed, at this time, who, desirous of being in favor with the admin- istration, did not so fully deny the authority of Par- liament to levy taxes on the people in America : But even these admitted, that it would be injurious both to the liberties and prosperity of the colonies. Though only one article imported was made liable to a duty, another tax was proposed which would operate more directly on the people-And it was justly said, not only that these would be very oppres- sive, in addition to taxes necessary for their own expenses in supporting government and for the pay- ment of the debt of the province; but, that other and greater taxes might be imposed, which would serve to keep the people in poverty and subjection. It was the principle involved in this conduct of administration, at which they were alarmed; and which they were concerned to shew was unconstitu- tional, and contrary to all former usage.
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