USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 20
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WE have now arrived at a period in the contro- versy between Great Britain and the colonies, in which it appears Massachusetts took a leading part, which called for unusual firmness and effort: And it had become necessary to oppose more decidedly and resolutely the arbitrary measures of the British minis- try; or to yield, in utter hopelessness and despair, to such laws as the parent government, in the wanton exercise of power, might impose. The crisis was momentous ; and the patriots of Massachusetts were not insensible of the difficulties and dangers which they had to encounter, in defence of civil liberty.
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They had to contend with a mighty nation *- with its artful agents among themselves, and with the fears and prejudices of some of their fellow citizens. There was, indeed, a very general dissatisfaction and com- plaint, as to the oppressive measures of the British administration : But many had a hope of more favor- able terms ; and some were so fearful of the conse- quences, that they preferred submitting to the plea- sure of the King and Parliament. A resort to arms in opposing the authority of Great Britain, was not contemplated, as an immediate, nor, necessarily, as an ultimate measure. But some more full and explicit expression of the sentiments of the people against the severe policy and arbitrary principles of minis- try, was considered absolutely requisite at this time, to prevent greater acts of oppression, and to preserve, from utter annihilation, the rights and privileges of freemen. It was proper, therefore, to ascertain the public opinion in this province, and afterwards throughout the other colonies, that their remon- strances might have the more effect ; and that, know- ing each other's opinions and views, they might be prepared to act in concert, in their future operations. The doctrine advanced by the Governor, in apologiz- ing for the provision made by Parliament for his support, left to the Legislative Assembly of the pro- vince no portion of power, which could be considered secure and uncontroled ; and, in effect, concentrated all authority in the parent state, to which both people and rulers in the colonies must submit, without con- sent. This was most alarming, and required the early dissent and protest of those who valued the rights which the province had hitherto enjoyed. The inhabitants of Boston were the first to act at this
* Lord Hillsborough had become unpopular, and retired from the ministry. But the Earl of Darmouth who succeeded him, although a more decided friend to constitutional principles, was not able to effect any change in the policy of administration towards America. All hope of relief from more just measures of the British government, was there- fore abandoned.
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critical juncture. For not only had there been an order of ministers for the payment of the Governor's salary by the crown; but it was also proposed to provide for the support of the Judges, in the same way; thus destroying their connection with the peo- ple, and rendering them fit agents to carry into effect the most severe laws, which an arbitrary ad- ministration might enact.
They first made inquiry of the Governor, whether such a regulation had taken place. But he chose not to inform them .* They, then, requested him to allow the General Court to meet at the time to which it was adjourned, so that proper and effectual mea- sures might be adopted to prevent the evil they apprehended. To this request, also, he gave a nega- tive reply. A very large committee was then chosen by the town, t " to state the rights of the colonies, and of this province in particular, as men, as Christians, and as British subjects ;" and to correspond with the other towns in the province, on the grievances which they all in common endured. At a subsequent meeting, the committee made report ; which was unanimously accepted, and ordered to be sent to the other towns: And in which were stated, at great length, and with remarkable ability and clearness, the natural, unalienable rights of man, for which he was dependent only on his Creator, and with which no prince or government might justly interfere, fur- ther than by consent or contract. Considered also as British subjects, they claimed equal privileges and rights with their brethren in England, who were represented in the Legislatve Body in that nation, and whose property and liberty were protected by
the principles of the British constitution.
The
Christian religion, they contended, gave its sanction to their views of civil liberty; and, especially; in
* William Phillips, Esq. was chairman of the committee who waited on the Governor with this request.
+ James Otis was chairman of this committee.
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spiritual concerns, guaranteed to them all the free- dom and self-direction, which they and their fathers had long enjoyed.
Their charter, they said, had been infringed, by the assumption of supreme and absolute power over the people in the province, without their consent, by their Representatives; and by the exercise of such power in raising a revenue, without the free concurrence of the Legislative Assembly ; their pro- perty being thus insecure, and wholly at the will of a foreign government : By the appointment of re- venue officers, to reside within the province, with extraordinary powers, and who were not amenable to the legislative or judicial authority : By allowing these officers exorbitant fees, contrary to the laws of the province ; which, according to the charter, were to be in force, until disapproved by the King in Council, and over which the Parliament had justly no control : By keeping a large fleet and army in the province in time of peace : By ordering the salaries of the Governor and Judges to be paid by the crown, instead of receiving the same from the Assembly ; which would render them entirely independent of the people ; and, as they were appointed during the King's pleasure, would make them unduly subservient to the British ministry : By giving ministerial in- structions the force of law, when contrary even to provisions of the charter, or to the permanent laws of the land : By extending the powers of Courts of Vice Admiralty, so as to deprive the citizens of the important privilege of juries : By restraints on sev- eral useful manufactures,* which were becoming im- portant to the country : By making those liable to transportation to England for trial, who might be charged with burning any vessel, boat, or spars belonging to the King: And by a plan to establish an episcopate in America, with exclusive ecclesiasti- cal powers and privileges.
* The manufacture of iron, and of wool for hats, were mentioned.
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In their letter to the other towns, they declared their opinion, " that no power on earth could give either temporal or spiritual jurisdiction, within the province, except the General Court :" They en- deavored to arouse their fellow citizens to a just sense of impending evils; and they requested to be informed of their sentiments on the subjects sub- mitted to their consideration; and, generally, on measures proper to be adopted for the liberty and welfare of the province. They said, "they had abundant reason to apprehend that a plan of des- potism had been concerted, and was hastening to a completion : That the late measures of administra- tion had a direct tendency to deprive them of every thing valuable as men, as Christians, and as subjects entitled to the rights of native Britons. In this critical situation, they interrogated, what could with- stand the attacks of arbitrary power ? What could preserve the liberty of the subjects, when the barriers of the constitution were taken away ? They were therefore induced," they said, "to communi- cate with their fellow sufferers respecting the recent alarming measures, as well as the many other viola- tions of their rights for several years past. They wished the collected wisdom of the whole people ; especially as it had been pretended there were only a few ambitious men who were uneasy"-" If you concur with us in opinion, that our rights are justly stated, and that the several acts of Parliament and the measures of administration pointed out by us, are subversive of our rights, you will doubtless think it of the utmost importance that we should stand firm as men to recover and support them; and to take measures to rescue from impending ruin our happy and glorious constitution. But if it should be the general voice of the province that the rights we have stated do not belong to us, or that the measures of administration are no violations of these rights ; or that if they are violated, they are not worth con-
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tending for, we must be resigned to our fate ; but shall ever lament the extinction of that generous ardor for civil and religious liberty, which, in the face of every danger and of death itself, induced our fathers to forsake the bosom of their native country, and begin a settlement on bare creation. But we trust this cannot be the case. We are sure your wisdom and your regard to yourselves and the rising generation, cannot suffer you to doze, or set supinely indifferent, on the brink of destruction, while the iron hand of oppression is daily tearing the choicest fruit from the fair tree of liberty, plant- ed by our worthy predecessors at the expense of their treasures, and abundantly watered with their blood. It has been said, that a people long enured to hardships, lose by degrees the very notions of liberty ; that they look upon themselves as the crea- tures of mercy, and that all impositions laid on by superior hands, are legal and obligatory. But thank heaven, this is not yet verified in America. We have some share of public virtue remaining. We. are not afraid of poverty ; but we disdain slavery. Let us consider, that we are struggling for our best birth rights and inheritance ; which, being infringed, renders all our blessings precarious in their enjoy- ments, and consequently trifling in their value."
Most of the towns in the province had meetings, and expressed their approbation of the Boston report and address. They complained of the grievances and distresses, which they had long suffered under the British administration ; and which, they said, they perceived to be increasing : And explicitly declared their opinion, that their charter, in many respects, had been grossly violated. While they disclaimed all thoughts of rebelling against the parent state, they hesitated not to deny the supremacy of Parlia- ment within this province, and contended for the exclusive right of the General Court to lay taxes and legislate for its citizens, with the qualification
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provided in their charter, of any particular law being liable to be annulled by the King in Council .*
These resolutions of Boston and other towns in the province greatly alarmed the Governor and his poli- tical friends. They had hoped, that the opposition to the British ministry would gradually cease ; and that, through fear of ministerial and royal resentment, the people would be induced to submit. After the votes and circular address of Boston were adopted, and before the other towns had meetings to act upon them, endeavors were made, in many places, to pre- vent the people from approving the statement and report of the patriots in the capital. But these at- tempts were generally without effect. There were, in every town, some intelligent men, who perfectly understood the nature of the dispute with Great Bri- tain, and who saw the evil tendency of the claims of administration to govern the colonies. They were also a sober, moral and religious people, who were actuated by principle ; and who, while they contend- ed earnestly for that portion of liberty secured to them by their charter, and which they had long en- joyed, were indisposed to all unconstitutional means of redress.
The ministerial regulation for paying the salary of the Judges, which rendered them wholly dependent on the crown, was the occasion of a learned and able discussion, in the public papers, by WILLIAM BRAT-
* The resolutions of the inhabitants of Roxbury were very decided and spirited. They said, "that the Judges, appointed during the royal pleasure and supported wholly by the crown, would soon become the fit instruments of arbitrary power, and assist in the dreadful work of or pression and tyranny." And they proposed, "that the General Court should provide a permanent support for them; and that they should be liable to be removed on an address of the two Houses of As- sembly." The citizens of Marblehead resolved, "in order to inform posterity, should their rights and liberties be preserved, how much they would be indebted to the eminent patriots of the present day, that the name of J. Hancock, Moderator of the meeting in Boston, at which originated the statement of our rights, of J. Otis, S. Adams, J. Warren and others, members of the committee be recorded in the books of the town, as great supporters of freedom, and who have done much honor and service to their country."
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TLE, at that time senior member of the Council, and JOHN ADAMS, who was then about the age of thirty- five years, but who had already taken an active part in support of civil liberty, and was distinguished for his great talents and legal acquirements. Mr. BRAT- TLE had, hitherto, decidedly condemned the severe policy of ministers towards the colonies ; and had united with Mr. BOWDOIN and others of the Council, in strenuously asserting the charter rights of the province, in opposition to the arbitrary conduct of BERNARD and HUTCHINSON. But he now became less firm and decided in favor of the people, and de- clared an opinion, that the new regulation, by which the Judges were to receive their support from the King was not of so dangerous tendency as some ap- prehended. He publicly apologized for the measure, upon the ground that it made them more indepen- dent. He contended, that the Judges held their office during good behaviour ; and that they would not, therefore, be unduly subservient to the views of administration, although they had their salary from the royal treasury. Mr. ADAMS asserted and prov- ed by several learned essays on the subject, that they did not hold their office during good behavior; that, though, in justice, they ought to hold them by that tenure, as they were appointed by virtue of a law of the province, according to provisions of the charter ; yet, that they were not removable by any authority here, even on a charge of corruption and mal-con- duct : But were liable to be removed, at any time, at the pleasure and will of the King, signified to his Governor here; and would therefore probably be retained so long as their conduct was agreeable to ministers ; and, that, if they were also to have their stipend from the crown, they would be independent of the people and Assembly in the province, and be- come entirely dependent upon the royal will. These essays were written with great learning and ability ; and had a happy effect in enlightening the public
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mind on a question of very great importance. It subjected him, indeed, to the displeasure of Governor HUTCHINSON and the ministerial party : And at the next election in May, when chosen by the Assembly into the Council, the Governor gave his negative to the choice.
It is a fact worthy of notice, that the debt of the province, which eight and ten years before this pe- riod, was very large, and required great privations and efforts to discharge, was now so much reduced, as that a very small tax only was necessary to meet the expenses of government and the regular demands on the public treasury. A spirit of prudence and foresight seems to have animated the Assembly at this period : And the people also were disposed to avoid all foreign luxuries, and to maintain the credit of the government ; whether with an expectation that greater struggles awaited them, it would be difficult to determine.
When the General Court met in January, 1773, the Governor made a long and labored speech in de- fence of the doctrine, he had before advanced, of the. supreme authority of Parliament over the colonies. He referred to the recent proceedings in Boston and other towns ; and pronounced them to be highly im- proper, and calculated to excite and encourage a spirit of rebellion in the province. He said, the pro- vince was in a very disordered state ; and he imput- ed it to the ambitious views of some individuals, who were determined-to censure and oppose all the mea- sures of the British government, to which they ought humbly and quietly to submit. His great object was to prove the entire and absolute supremacy of the legislature and of the administration in England throughout all the British dominions. Parliament had a right, he said, to grant and establish corpora- tions ; and it had so established them in England. And such, he contended, were the charters for the Plantations and Colonies in America ; which could
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justly claim no more power than was expressly grant- ed : This delegated power, in its very nature, was limited and subordinate ; and was liable to be con- troled, or withdrawn, at the pleasure of the parent state, or by royal authority. Supreme power, he asserted, belonged to Parliament, and to Parliament only. It was subject to no limitation or control ; and its will, therefore, could not be opposed or ques- tioned, without the charge of rebellion.
The Council and House of Representatives ex- pressed their reluctance to engage in this controver- sy ; but declared, that they considered it a solemn duty to defend and support the claim they had be- fore advanced, and which lately by the people of Boston and of many other towns had been asserted, of their exclusive right to legislate for the subjects in the province, by virtue both of their charter and of their birthright, as Englishmen ; and of the con- sequent impropriety of any other power to control them, excepting that reserved to the parent govern- ment, of annulling particular provincial laws. In a qualified sense, indeed, they acknowledged the su- preme authority of Parliament over the whole king- dom, of which they were a part. But this, they contended, was limited by great constitutional prin- ciples, and by the eternal rules of reason and justice : And they insisted, that it was contrary to the funda- mental maxims of British liberty to lay taxes upon, or to legislate for, any of the subjects, but with the concurrence and consent of their Representatives. They urged, also, the rights and powers guaranteed by their charter, which was granted by the King, without any law of Parliament ; and which secured to them the right of legislation and of self-govern- ment within the patent granted to them. This, they insisted, was of the nature of a contract ; which on their part had never been violated : And, therefore, that the King even could not justly interfere with the legislative authority in the province.
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That their charter was a contract, and not merely a grant of privileges, which might be annulled at any time, they stated the reasons for granting it; and the situation and circumstances of the country, and of their ancestors who settled it. "They were induced to remove and settle in this wilderness, they said, upon the solemn promise and contract made by the King, that they should solely enjoy the soil and ju- risdiction of the country ; should make laws for themselves ; should hold Assemblies of Legislation and Courts of Justice, and be protected in the full enjoyment of all civil and religious rights." They laid much stress upon the grants in their charter, which could not be revoked without great injustice ; and which were purposely made, as they argued, from the necessity of the case, growing out of their situation and condition ; being far removed from the parent state, and unable to have a real and proper representation in the British Parliament. And they failed not to refer to the natural and unalienable rights of man, to which they were entitled in common with all mankind, independently of all government, of all royal grants, and of all human authority what- ever, except so far as they had assented and agreed to it. They said they meant not to deny, that Par- liament was the supreme or highest power in the whole nation ; and they did not meditate or wish for independence : But they must insist, in reply to the assertions and reasoning's of the Governor, that Par- liament, as a legislative body, had no just authority in the province ; and that the King could only right- fully control their legislative power by disapproving any particular laws, which they might enact : That the power of Parliament was limited by constitutional principles, and was barred this jurisdiction by an express contract which their ancestors had made with the crown ; and the royal prerogative was to be exercised only for the welfare and benefit of the sub- ject, and in cases plainly reserved to the Sovereign
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in the charter : That though the Parliament possess- ed the supreme or highest authority in the nation, and that of the province was subordinate, the former could no more control the latter (except in great national questions, as to peace and war, and the regulation of commerce) than either could impair contracts, or take away the rights of corporations, or interfere with the personal and domestic concerns of individuals, in every particular part of their con- duct. In a word, that the powers given by charter, and those to which they were entitled as men, with which no government could justly interfere, remain- ed to them as a sacred and inviolable right, which it would be most arbitrary and tyrannical to infringe.
The Governor addressed another long message to the Assembly ; in which he attempted to shew the inconsistency and fallacy of their arguments, and in which he labored principally to establish his former position, of the unlimited and supreme authority of Parliament. He insisted, that if this doctrine were not admitted, the province was absolutely indepen- dent, and might as well declare itself entirely separate from the parent state. To this the Council and House of Representatives prepared answers, equally spirited and learned as the former. They said, they would not undertake to limit precisely the authority of Parliament over the colonies-Yet insisted that there were limits to it, in reason and justice, in their charter, and even in the principles of the British constitution : That representation was essential in the Assembly or Body, which made laws and levied taxes upon any portion of the subjects : And that, if the doctrine urged was correct, there was, in fact, no limits or control to parliamentary authority ; and they could perceive, in their condition, nothing pre- ferable to the most abject and complete slavery .*
In this discussion, the Governor asserted, that the supreme authority of Parliament over the province
* See Massachusetts State papers, page 336, &c.
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had never been denied, until within a few years ; while the House insisted, that it had never been acknowledged ; but, on the contrary, had often been questioned-that it had been declared, at different periods, by the Assembly of Massachusetts, that no government whatever, had a just right to lay taxes or regulate the internal concerns of the province ; and that, though they acknowledged allegiance to the crown, the legislative authority of Parliament was never admitted. They considered themselves, indeed, a part of the British empire or nation ; yet so distinct and independent of the parent govern- ment as to be free of its control, except in some great national respects ; in which, however, they claimed equal privileges with other Englishmen : But justly entitled, by their peculiar situation and by their charter, to the right of making laws for themselves. There was no other way, in which, excluded as they were from a voice in the legislature and administra- tion in England, they could enjoy the civil privileges and liberties of British subjects. They were careful to show, from past events in the province, that such power had been claimed and exercised : That decla- rations had been made of their rights, to the same extent, both under their present and former char- ter :* And that they had invariably decided, for themselves, what monies should be raised in the province, for the support of its government, and officers ; and how these sums should be applied. The history of the province, written by the Gover- nor, was referred to in support of their position, that such had always been the sense of the inhabi- tants, respecting their legislative power. And it appeared, he had formerly been of opinion, that our ancestors were correct in these claims, and in the construction given to the charter.
When commissioners were sent into the New Eng- land colonies in 1664, by Charles II. with powers,
* See Introductory chapter.
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