USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 26
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Thus, in fact, the embryo state of a revolution was already forming. Although forcible resistance was not then the general design or expectation, measures were adopted, which would, naturally, and without a great change in the policy of Britain, lead to such an issue. Lord CHATHAM, and others in England, predicted opposition in America, by force, to the late unconstitutional and arbitrary measures. The agent of the province was of opinion, that these acts were, in effect, a declaration of war against the citizens of Massachusetts. The inhabitants from the interior parts of the province assured their friends in the metropolis and vicinity, "that they were never more firm and zealous, and that they looked to the last extremity with spirit and resolution." And by some intelligent citizens such language was used as the following-" If the King violates his faith to, or compact with, any one part of his empire,
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he discharges the subjects of that part, of their allegiance to him, dismembers them from his king- dom, and reduces them to a state of nature: So that, in such case, he ceases to be their King ; and his Governor, set over such a part as his Representa- tive, ceases to have any lawful authority to govern that people : And the people are at liberty to form themselves into an independent state."
The regular course of justice was also impeded, at this period, from a want of confidence in the Justices of the Superior Court. The prejudice re- mained against the Chief Justice, on account of his receiving a salary from the crown: And now another cause of uneasiness was found in the appointment of three of the Judges to be Counsellors by royal desig- nation. In the month of September, the Grand Jurors for Suffolk refused to take the necessary oath; declaring that they considered the charter violated, not only by the regulation, providing for their sup- port from England, and without the vote of the Representatives of the people; but by their holding their offices at the pleasure of the King, which placed them beyond the control of all authority in the province, and rendered them wholly dependent on ministerial favor. The Judges demanded of the Jurors a particular statement of the reasons for their refusing to take the oaths and proceeding to the usual business before them. The foreman read a paper to the Court, stating their views, and the reasons of their conduct, which was afterwards pub- lished .* The Jurors returned for trials also declined acting : And yet it does not appear, that the Court laid on them any fine for this most irregular conduct.
* This statement also objected to the Judges, that they had accept- ed the appointment of Counsellors by the King, which was considered a direct violation of the charter of the province. The Jurors were, moreover, influenced by public opinion, then generally expressed, that nothing should be done by the citizens, which could be considered as an acknowledgment of the justice of the existing system of govern- ment.
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Perhaps it was a matter of prudence in the Court to pass by this contempt of their authority, at that critical period, without a penalty, and without cen- sure. On the next day, the Judges proceeded to transact the business of the Court, without a jury, much to the surprise and dissatisfaction of the people.
About this time, the Governor dismissed Mr. HANCOCK from the command of the Independent Company of Cadets, without assigning, at the time, any reasons for his removal. This was justly con- sidered a very arbitrary act, and gave great uneasi- ness to the citizens of Boston, generally, as well as to the members of the company. The other officers and members of the corps immediately convened, and voted no longer to meet and act as a military association ; and sent their standard to the com- mander in chief. They said, they could not continue in the company, after their first officer had received such improper treatment. The Governor, in his turn, replied, " that Mr. HANCOCK had treated him with disrespect, and that he would not brook ill treatment from any person in the province." The company presented an address to Mr. HANCOCK ; in which they bore testimony to his patriotism, and gave assurances of their great personal attach- ment.
Governor GAGE was invested with very great powers; such as no one had attempted to exercise in the province, since the days of the detested ANDROS. His commission was, indeed, rather that of a military commander, than of a chief magistrate of a free people. It was probably intended, when he was appointed, to take away the legislative au- thority of the province, and to form a government, without the Representatives of the people, to be administered altogether by ministerial agents. He could not be considered as the constitutional Gover- nor of the province, to act in concert with a Council
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and House of Assembly to be chosen by the citizens; but rather as the organ of arbitrary power in the hands of the executive part of a distant government ; a dangerous precedent, which ought never to be followed in a free country. His measures, therefore, were not such as the charter or the laws of the pro- vince required or authorized ; but such as the will of the Sovereign might suggest, to carry into effect, by military force, the tyrannical system devised by ministers of despotic principles, for the subjugation of a free and virtuous people. He accordingly had ordnance and other military stores brought from New York to Boston; removed the powder belong- ing to the province from Charlestown* and Cam- bridge into the metropolis, of which he held the possession by a large body of British troops ; refused to deliver the powder owned by private individuals, which had been deposited with the public stores ; and erected fortifications on the neck, at the southern entrance of the town.
The measures of the British ministry, relating to Massachusetts and the other American provinces, originated partly from mistaken views of the opinions and temper of the people. Great misrepresentations had been made, for several years, to administration in England, respecting the state of the colonies. It was stated, by the officers of the crown and some others, that it was only a few ambitious individuals who objected to the policy of the parent state; and the friends and agents of the people could not be heard in their attempts to shew the general dissatis- faction. It is, also, true, that Lord NORTH and several other members of the British Cabinet, at this period, possessed high notions of the supremacy of Parliament, and of the sovereign power of the King. The more correct and just principles of civil liberty, recognized in 1689, and still received by many emi- nent statesmen in England, were not in fashion with
* The quantity in Charlestown was about thirteen tons.
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the Court party. Assuming the doctrine of the supreme and unlimited authority of Parliament over all parts of the empire; which, in a certain sense, restricted and qualified, however, by great constitu- tional principles, had been generally admitted in the colonies even ; ministers insisted that the power of the parent government was entirely without control ; and contended for the legitimacy of measures, which the patriots in both countries considered most arbi- trary, and wholly destructive of the liberties of the subject.
With these views of government, ministers con- tended that any measures were justifiable for sup- porting the authority of the King and Parliament : And under the misapprehension, above mentioned, of the sentiments of the people in the colonies, generally, and especially in Massachusetts, they cal- culated, by severity and force, to bring the refractory and disaffected to ready submission. It became ne- cessary, therefore, to convince the British ministry, that it was not a faction in Boston, by which opposi- tion was kept alive in America: And that through this and the other provinces but one sentiment pre- vailed, as to the oppressive and arbitrary conduct of the parent government, and one determination to oppose and prevent the continuance of such a system of policy. Under these impressions it was, that a Continental Congress had been proposed, and was
soon to convene; and that meetings were holden in all the large counties in Massachusetts, composed of committees from every town, to express their senti- ments on the alarming state of the country, and to consult for the liberties and welfare of the people.
These meetings were in the early part of Septem- ber. They were attended by several of the most intelligent and respectable inhabitants of each town : And their resolutions were as prudent and judicious, as they were firm and spirited. They declared their loyal attachment to the King, and their respect for
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the constitutional authority of Parliament; and their ardent desire to have harmony restored between the colonies and the parent state. But they also ex- plicitly declared their conviction, that the recent conduct of ministers was most severe and unjust ; that the people in the colonies, by their representa- . tives, had the sole right to grant and levy taxes ; that they had been deprived of the essential rights of British subjects, to which they were entitled equally with the people in England; that their char- ter had been grossly violated ; and that they believed they were threatened with abject slavery : That, in such a situation, they considered it a solemn duty to themselves and their posterity, to oppose the acts of administration, and to maintain the civil rights received from their fathers, if necessary, even with force and arms. It was, therefore, recommended to their constituents, to continue faithful to the agree- ment for non-importations from Great Britain; to organize the militia anew; to elect those for officers, in whom they had confidence, and to attend more frequently to military discipline and to the use of arms; to choose delegates for a Provincial Congress, as there was no General Court in being; and to receive with attention and respect the advice which might be given by the Continental Congress then sitting at Philadelphia.
The resolutions adopted by the meeting of com- mittees at Milton, in the county of Suffolk, were more explicit and spirited, than any which had been before published. They discovered a sensibility more alive to the distresses of the people, and more indignant at the conduct of administration, than ap. peared in the proceedings of the other counties. Dr. JOSEPH WARREN, one of the most ardent and reso- lute patriots in the province, was a leading member of this Convention. He was chairman of the com- mittee, which reported the resolutions ; and they were said to have been chiefly prepared and written
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by him. With a powerful intellect and popular manners, with a frankness which convinced every one of his sincerity and zeal in the cause of liberty, he had as strong hold on the feelings of the people, as any one in the county .* As danger increased, he became more decided and resolute. He consider- ed the destinies of unborn millions to be suspended on the manly and successful exertions of his con- temporary fellow citizens ; and his whole soul, with all its ardent powers, was engaged in rousing them to prepare for a strenuous defence of liberty, desper- ate as it might be, against the mighty attack which seemed ready to overwhelm it forever.
It is deemed proper that the resolutions of the Suffolk Convention be here given, in justice to the patriotic feelings and high purposes of men, who stood forth, at every hazard, in support of civil liberty ; and to whom with others, the present gene- ration in America are wholly indebted for a most perfect condition of political and social freedom.
"Whereas the power, but not the justice, the ven- geance, but not the wisdom of Great Britain, which of old persecuted, scourged and exiled our fugitive parents from their native shores, now pursues us, their guiltless children, with unrelenting severity : And whereas this then savage and uncultivated desert was purchased by the toil and treasure, or acquired by the valor and blood of those our venera- ble progenitors-to us they bequeathed the dear- bought inheritance, to our care and protection they consigned it, and the most sacred obligations are upon us to transmit the glorious purchase, unfettered by power, unclogged with shackles, to our innocent and beloved offspring. On the fortitude, on the wisdom, and on the exertions of this important day, is sus-
* Should it be thought that an exception ought to be made of Han- cock or the two Adamses, it may be said, that the latter gentlemen were then at Philadelphia, and that the former was confined by sick- ness.
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pended the fate of this new world, and of unborn millions. If a boundless extent of continent, swarming with millions, will tamely submit to live, move and have their being at the arbitrary will of a licentious minister, they basely yield to voluntary slavery ; and future generations shall load their memories with in- cessant execrations. On the contrary, if we arrest the hand which would grasp all our honest gains, if we disown the parricide who points the dagger to our bosoms, if we nobly defeat the fatal edict which proclaims a power to frame laws for us in all cases whatever, thereby entailing the endless and number- less curses of slavery upon us, our heirs, and their heirs forever; if we successfully resist that unparal- leled usurpation of unconstitutional power, whereby our capital is robbed of the means of life, whereby the streets of Boston are thronged with military executioners, whereby our coasts are lined, and har- bors crowded with ships of war, whereby the charter of the colony, that sacred barrier against the en- croachments of tyranny, is mutilated, and in effect annihilated, whereby a murderous law is framed to shelter villains from the hands of justice, whereby the unalienable and inestimable inheritance, which we derived from nature, the constitution of Britain, and the privileges warranted to us in the charter of the province, is totally wrecked, annulled and vacated ; posterity will acknowledge that virtue which preserved them free and happy : And while we enjoy the rewards and blessings of the faithful, the torrent of panegyrists will roll our reputations to the latest period, when the streams of time shall be absorbed in the abyss of eternity-Therefore we resolve,
"That whereas his Majesty, George the Third, is the rightful successor to the throne of Great Bri- tain, and justly entitled to the allegiance of the British realm, and, agreeably to compact, of the Eng- lish colonies in America ; therefore, we the heirs
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and successors of the first planters of this colony, do cheerfully acknowledge the said George the Third to be our rightful Sovereign, and that said cove- nant is the tenure and claim on which are founded our allegiance and submission : That it is an indis- pensable duty, which we owe to God, our country, ourselves and posterity, by all lawful ways and means in our power, to maintain, defend and pre- serve those civil and religious rights and liberties, for which many of our fathers fought, bled and died, and to hand them down entire to future generations : That the late acts of the British Parliament for blocking up the harbor of Boston, for altering the established form of government in this colony, and for screening the most flagitious violators of the laws of the province from a legal trial, are gross infrac- tions of those rights, to which we are justly entitled by the laws of nature, the British constitution and the charter of the province: That no obedience is due from this province to either or any part of the acts above mentioned ; but that they be rejected as the attempts of a wicked administration to enslave America : That so long as the Justices of our Su- perior Court of Judicature, Court of Assize, and Inferior Court of Common Pleas in this county, are appointed, or hold their places by any other tenure than that which the charter and the laws of the province direct, they must be considered as under undue influence, and are therefore unconstitutional officers, and as such no regard ought to be paid to them by the people of this county: That if the Justices of the Superior Court of Judicature, and of Assize, Justices of the Court of Common Pleas, or of the General Sessions of the Peace, shall sit and act during their present disqualified state, this county will support and bear harmless all sheriff's, consta- bles, jurors and other officers, who shall refuse to carry into execution the orders of said Courts : And as far as possible to prevent the inconveniences which
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may be occasioned by a suspension of the Courts of Justice, we earnestly recommend to creditors to shew all reasonable and even generous forbearance to their debtors ; and to debtors, to pay their just debts with all possible speed; and if any disputes relative to debts or trespasses shall arise, which cannot be settled by the parties, we advise them to submit all such causes to arbitration ; and it is our opinion, that the contending parties, or either of them, who shall re- fuse so to do, ought to be considered as co-operating with the enemies of the country : That it be recom- mended to the collectors of taxes, constables, and all other officers, who have public monies in their hands, to retain the same until the government of the pro- vince is placed on constitutional foundation, or until it shall be otherwise ordered by the proposed Pro- vincial Congress : That the persons who have ac- cepted seats at the Council Board, by virtue of a Mandamus from the King, in conformity to the late act of the British Parliament, entitled, an act for regulating the government of Massachusetts Bay, have acted in direct violation of the duty they owe their country, and have thereby given great and just offence to this people ; therefore, resolved, that this county do recommend to all persons, who have so highly offended by accepting said appointment, and have not already resigned their seats at the Council Board, to make public resignation of their places ; and that those who refuse, be considered obstinate and incorrigible enemies to their country : That the fortifications begun and now building upon Boston neck are justly alarming to this county, and give us reason to apprehend some hostile intention against that town : That the late act of Parliament for establishing the Roman Catholic religion, and the French laws in Canada, is dangerous in an extreme degree to the Protestant religion, and to the civil rights and liberties of all America : That whereas our enemies have flattered themselves they should
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make an easy prey of this numerous, brave and hardy people, from a belief that they are unacquainted with military discipline ; we, therefore, for the honor, defence and security of this county and province, advise, that persons be elected in each town, as offi- cers in the militia, who shall be judged of sufficient capacity, and have shewn themselves to be inflexible friends to the rights of the people ; and that the in- habitants do use their utmost diligence to acquaint themselves with the art of war, as soon as possible, and do, for that purpose, appear under arms, at least, once every week : That during the present hostile appearances on the part of Great Britain, notwith- standing the many insults and oppressions which we most sensibly resent, yet, from our loyalty and affec- tion to his Majesty, we are determined to act merely on the defensive, so long as such conduct may be justified by reason and the principles of self-preser- vation ; but no longer : That, as we understand it is in contemplation to apprehend sundry persons of this county, who have rendered themselves conspicu- ous in contending for the violated rights of their countrymen, we recommend, should such an auda- cious measure be put in practice, to seize and keep in safe custody every servant of the present tyran- nical and unconstitutional government in the county or province, until the persons so apprehended be liberated from the hands of our adversaries, and restored safe and uninjured to their friends and families : That until our rights are fully restored, we will, to the utmost of our power, (and we re- commend the same to other counties, ) withhold all commercial intercourse with great Britain, Ireland and the West Indies, and abstain from the use of British merchandize and manufactures, especially East India teas and piece goods, with such excep- tions only, as the General Congress may agree to : That, under our present circumstances, it is incum- bent on us to encourage arts and manufactures by all
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means in our power, and to appoint a committee to consider of the best way to establish and promote the same : That the exigencies of our public affairs demand that a Provincial Congress be called to con- sult on measures to be adopted and vigorously exe- cuted by the whole people ; and we recommend to the several towns in the county to chuse members for such a Congress, to be holden at Concord on the second Tuesday of October next: That this county, confiding in the wisdom and integrity of the Continen- tal Congress, now sitting at Philadelphia, will pay all due respect and submission to such measures as they may recommend, for the restoration and establish- ment of their just rights, civil and religious, and for renewing that harmony and union between Great Britain and the colonies, so earnestly wished for by all good men : That, as the great uneasiness which prevails among the people, arising from the wicked and oppressive measures of the present administra- tion, may induce some unthinking persons to com- mit outrage upon private property, we do heartily recommend to the citizens, to avoid all riots or licentious attacks upon the property of any person whatever, as being subversive of all order and gov- ernment; but, by a steady, manly, uniform and per- severing opposition, to convince our enemies, that, in a contest so important, in a cause so solemn, our conduct shall be such as to merit the approbation of the wise, and the admiration of the brave and free of every age and of every country : That should our enemies, by any sudden manœuvres, render it necessary for us to ask the aid of our brethren in the country, some of the committee of correspondence, or the Selectmen of the town, where hostilities should. begin, or be expected, dispatch messengers to other towns and places, so that proper and sufficient assis- tance may be obtained for the security of the people and the province."
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A convention in the county of Essex,* not less numerous and respectable than the one at Milton, in Suffolk, was holden on the 7th and 8th of Sep- tember; and their resolutions were published a few days earlier than those of the former meeting. For that at Milton continued by adjournment several days, and did not close until the 9th. They insist- ed on the right to hold town and county meetings, which had been prohibited by governor GAGE, and even by act of Parliament ; and advised, that, if any persons were chosen as Representatives, by virtue of the precepts issued for the purpose by the Gover- nor, they should rather form themselves into a Pro- vincial Congress or Convention, and consult and act without regard to the Governor and present Council, the members of which had been appointed by the British ministers. "Civil war," they said, " was to be deprecated, as a great calamity." But they re- solved "to maintain their liberties at every hazard ; even at the risk of life itself; as those could not die too early who laid down their lives in support of the laws and liberties of their country." They also ap- pointed a committee to call another meeting if it should be found necessary.
When the meeting was warned in Salem in the month of August, to elect delegates to a county con- vention, governor GAGE sent for the committee of correspondence, by whom the inhabitants were in- vited to assemble, and gave it as his opinion, that such a meeting would be unlawful and seditious. The committee declared their belief, that it would be consistent with the laws of the province, and with the acknowledged principles of the British constitu- tion. He replied, "that he should not discuss the subject with them ; that he came, not to argue and dispute with the people, but to execute the laws of Parliament, and was determined to execute them." And he added, " that if the citizens assembled, he
* Jeremiah Lee, Esq. was chairman of the Convention in Essex.
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should order the sheriff to disperse them ; and that, if the sheriff needed support, he should himself sup- port him with his troops." The troops were, in fact, ordered out, and marched near to the Town House, where the meeting was holden. But while the committee was conversing with the Governor, and the troops were preparing to march, and on their way, the people had assembled, and immediately made choice of delegates for the proposed conven- tion. Warrants were afterwards issued, by order of the Governor, to arrest the members of the com- mittee. Several of them were actually arrested, and gave sureties for their appearance : But no further prosecution was had against them.
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