USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 31
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your Honor cannot think this House can descend to the con- sideration of matters, comparatively trifling, while the capital of the province has so lately been in a state of actual im- prisonment, and the government is under duress."-" We shall not enlarge on the multiplied outrages committed by this unlawful assembly, in frequently assaulting his Majesty's peaceable and loyal subjects, in beating and wounding the magistrate when in the execution of his office ; in rescuing prisoners out of the hands of justice ; and finally, in perpe- trating the most horrid slaughter of a number of the inhabi- tants, but a few days before the sitting of this Assembly. Yet not the least notice has been taken of these outrageous offences ; nor can we find the most distant allusion to the late inhuman and barbarous action, either in your speech at the opening of the session, or in this message to both Houses. These violences, so frequently committed, added to the most rigorous and oppressive prosecutions, carried on against the subjects, grounded on unconstitutional acts, and in the Courts of Admiralty, uncontroled by the Courts of Common Law, have been justly alarming to the people. The disorder, which your Honor so earnestly recommends to the considera- tion of the Assembly, very probably took its rise from such provocations. The use, therefore, which we shall make of the information in your message, shall be to inquire into the grounds of the people's uneasiness, and to seek a radical . redress of their grievances. Indeed it is natural to expect, that while the terror of arms continues in the province, the laws will be, in some degree, silent. But when the channels of justice shall be again opened, and the law can be heard, the person who has complained to your Honor will have a remedy. We yet entertain hope, that the military power, so grievous to the people, will soon be removed from the pro- vince : Till then, we have nothing to expect, but that tyranny and confusion will prevail, in defiance of the laws of the land, and the just and constitutional authority of government."
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No. IV .- Page 237.
THEY referred to the acts of Parliament for raising a revenue in America, without the consent of the Colonial Assemblies ; which were considered arbitrary and unconsti- tutional; to the methods used for obtaining the repeal of those acts, which were petitions and remonstrances, which they had a constitutional right to do, but which had given great offence to administration, in consequence, as they be- lieved, of exaggerated statements sent over from the pro- vince. They observed, that Massachusetts had been more directly and severely censured than any other colony; and was viewed by ministers as leaders in the opposition to oppressive laws: They acknowledged they had early, de- cidedly and uniformly opposed these acts, but had not been ambitious of taking the lead in such opposition. They said, they had been represented as factious, and troops had been accordingly stationed in the province, by advice of those who ought to have endeavored to conciliate the people; and thus a great alarm prevailed, and a scene of confusion had been witnessed for several months, which had ended in the blood and slaughter of several of his Majesty's good subjects in the province. They complained of the independence of the mili- tary on the civil authority; and stated, that the Lieutenant Governor had declared he had no power over the King's troops. Against this, they protested, as an unconstitutional act, and as most alarming to those who had enjoyed, and were entitled to the blessings of a free government. They spoke also of the surrender of the castle, by the Lieutenant Gover- nor, in obedience to ministerial instructions, to an officer of the British troops, who was not under the control of the Legislature : And they adverted to the evils to be feared, from having instructions given them by ministers, to suspend the laws of the province, and contrary to the provisions of the charter; in which case they must be subject entirely to the arbitrary will of royal agents. These instructions, they also
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stated, were not published, nor made known to the General Court; so that absolute despotism was likely to ensue : They knew not the will of administration, they said ; and were not allowed to be heard in their own vindication, when unjustly accused: Of the permanent quartering of troops among the people, and of the powers of Courts of Admiralty, they also loudly complained ; and quoted some clauses of Magna Charta, which were directly violated by these ministerial measures : They had petitioned and remonstrated against these evils ; but without effect : And were threatened with still greater oppression, in having the tribute extorted from them, applied to the support of all the officers of the crown, the Governor, Judges and Attorney General ; by which they would be made independent of, and indifferent to the interests and liberties of the people, and the fit instruments of arbitrary power : They feared the consequences of these repeated and numerous acts of oppression would entirely alienate the affections of the people from the parent government; and they entreated him to use his utmost ability, to vindicate the province, and to restore harmony between England and America, consistently with the rights and liberties of the latter. Under date of February, 1771, Dr. FRANKLIN replied as follows :
" The doctrine of the right of Parliament to lay taxes on America, is now almost generally given up here; and one seldom meets in conversation with any who continue to assert it. But there are many who still think the dignity and honor of Parliament and of the nation is so much engaged, as that no formal renunciation of the claim is ever to be expected. We ought to be contented, they say, with a forbearance of any attempt hereafter to exercise such right: And this they would have us rely on as a certainty. Hints are also given, that the duties, now subsisting, may be gradually withdrawn, as soon as a due regard to that dignity will permit it to be decently done, without subjecting government to the contempt of all Europe, as being compelled into measures by the refractori- ness of the colonies. How far this may be depended on, no one can say. The presumption rather is, that if by time we become so accustomed to these, as to pay them without dis-
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content, no Minister will afterward think of taking them off; but rather be encouraged to add others.
" Perhaps, there never was an instance of a colony so much and so long persecuted with vehement and malicious abuse, as Massachusetts has been for two years past, by its enemies here, and those who reside in it. The design pro- bably was, by rendering you odious, as well as contemptible, to prevent all concern for you by the friends of liberty here, when the project of oppressing you further, and depriving you of your rights, by various violent measures, should be carried into execution. Of late, this abuse has abated; the sentiments of a majority of ministers, I think, have become more favorable towards America: And I have reason to be- lieve, that all these projects are now laid aside. It is too early yet, perhaps, to expect such attention to our complaints, as would be necessary to obtain an immediate redress of our grievances. A little time is necessary : But no opportunity will be lost by your agents, of stating them, when it may be of use, and of inculcating the necessity of removing them, for the strength and safety of the whole empire. And I hope the Colonial Assemblies will shew, by frequent and repeated resolves, that they know their rights, and do not lose sight of them. Our growing importance will, before long, compel an acknowledgment of them; and establish and secure them to our posterity.
" Lord HILLSBOROUGH has objected to the appointment of an agent by the House of Representatives, and contends, that none ought to be attended to by government here, unless appointed by an act of the General Court, to which the Gov- ernor gives his assent. This would, in a manner, give to ministers the power of appointment, or at least the power of negativing any choice of the House; as it would be easy for them to instruct the Governor to assent to the appointment of such men only as were agreeable to them. Of what use such agents would be, it is easy to judge. The Secretary, I believe, would be glad to be rid of them altogether ; being of opinion, as he has sometimes intimated, that they are unneces- sary ; and that whatever is to be transacted between the
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Colonial Assemblies and the government here, may be done through and by the Governors better and more properly, than by any agent whatever. Your late appointments of Mr. LEE and myself have not been at all agreeable to him.
" I propose to draw up a memorial, stating our rights and grievances ; and, in the name and behalf of the province, protesting particularly against the late innovations in respect to the military power obtruded on the civil, as well as other infringements of the charter ; and, at a proper time, to pre- sent it to his Majesty in Council. Whether speedy remedy be, or be not, the consequence, I imagine it may be of good use to keep alive our claims; and shew that we have not given up the contested points, though we take no violent measures to obtain them.
" A notion has been much inculcated here by our enemies, that any further concessions on the part of Great Britain, would only serve to increase our demands. I have constantly given it as my opinion, that if the colonies were restored to the state they were in before the Stamp Act, they would be satisfied ; and would contend no further. As, in this, I have been supposed not to know, or not to speak the sentiments of the Americans, I am glad to find the same so fully expressed in the Committee's letter. It was certainly, as I have often urged, bad policy, when they attempted to heal our difficulties by repealing part of the duties only ; as it is bad surgery to leave splinters in a wound, which must prevent its healing, or, in time, occasion it to open afresh.
" There is no doubt of the intention to make the Governor and some other officers independent of the people for their support : And that this purpose will be persisted in, if the American revenue is found sufficient to defray the salaries. Many think this so necessary a measure, that even if there were no such revenue, the money would issue out of the treasury here."
Extract from a letter of ARTHUR LEE, London, Dec. 29, 1770 .- " The approbation of a free people, I shall ever esteem the most desirable; and their service the most honor- able. More especially honorable is the generous confidence
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of a representative body, who have uniformly asserted the constitutional rights of their constituents, and, eventually, of all America, against the insidious and incendiary acts of gov- ernment, with a dignity, discernment and wisdom, which have forced the applause of the present, and will secure to them the veneration of all future times.
" Feeling the same zeal for the sacred cause of American liberty, which eminently animates your House, and having a lively sense of the peculiar oppressions of your province, I may venture to assure you, that if ever the trust should de- volve on me out of abler hands, in which their wisdom has placed it, I will, to the utmost of my power, watch over their rights, co-operate with them to obtain a redress of grievances, and to fix our constitution on a clear and permanent founda- tion.
" It is, however, incumbent on me, and I willingly embrace this opportunity of declaring, that, as far as I can judge, Ame- rica must depend on herself for obtaining the security she wishes. From this country, a secondary support only is to be expected; and that proportioned to the vigilance and virtue with which we sustain our own cause. It appears to me, that nothing can be more necessary to our own welfare, than that this trust should be well understood, lest too much confidence in others should lull us into a fatal security, or slacken those patriotic exertions, which, to be effectual, must be ardent and unremitting. America must work out her own salvation. From the system of government in this country, and from the principles of those men who are like to guide it, she must expect neither justice, nor mercy. His Majesty's present ministers have intentionally brought the trial so fully forward, as to render unremonstrating submission perfect slavery. They have substituted discretion for law, and set the principles of the constitution, which ought to be fixed and free, afloat upon the merciless and fluctuating sea of arbitrary will. Not to oppose this most pernicious system, would be a crime : To oppose it unsuccessfully, would be our misfortune only.
" After Juries have been abolished by the late establish- ment of Admiralty Courts, or rendered nugatory by the un-
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warrantable conduct of prerogative Judges, our Assemblies, to every great purpose of the constitution, curtailed of their privileges ; in short, when the representative part of the constitution, the legislative, executive and judicial powers, are essentially torn from us, and wholly vested in our arbitrary rulers; what further badge of slavery have ministers to in- flict, or we to suffer ? Yet if force and lawless power must at present prevail, still it behoves us to protest against what we cannot prevent, and bear our testimony, before God and man, that we did not, without a struggle, submit to this humiliating state of absolute bondage : That our posterity, when they have power, may not want spirit, and a spur to reclaim those liberties, which their forefathers so reluctantly resigned."
Extract from a letter from Dr. FRANKLIN, dated, London, May, 1771-
" I think we may clearly see, in the system of customs to be exacted in America by acts of Parliament, the seeds sown of a total disunion of the two countries; though, as yet, that event may be at a distance. The course seems, naturally, to be -- First, the appointment of needy men, as officers; for others do not care to leave England ; their necessities make them rapacious-their office makes them proud and insolent- their insolence and rapacity make them odious-and being conscious, that they are hated, they become malicious. Their malice urges them to a continual abuse of the people, in their letters to ministers, representing them as disaffected and re- bellious, and, to encourage severe measures, as weak, divided, timid and cowardly : Government believes all this ; thinks it necessary to support its officers : Their quarrelling with the people is deemed a mark and consequence of their fidelity ; they are therefore more highly rewarded; and this makes them still more insolent and provoking. The resentment of the people will, at times, and on particular occasions, burst into outrages and violence upon such officers; and this natu- rally draws down severity and acts of further oppression. The more the people are dissatisfied, the more rigor will be thought necessary ; severe punishment will be inflicted to terrify ; rights and privileges will be abolished; greater force
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will then be required to secure execution and submission; the expense will become enormous; it will be thought proper, by fresh exactions, to make the people defray it. The British nation and government will then become odious, subjection to it will be deemed no longer tolerable : War will ensue, and the bloody struggle will end in the absolute slavery of America, or ruin to Britain, by the loss of its colonies; the latter most probably, from the growing strength and magni- tude of America.
" But as the whole empire must, in either case, be greatly weakened, I cannot but wish to see much patience, and the utmost discretion in our general conduct, that the fatal period may be postponed ; and that whenever this catastrophe shall happen, it may appear to the world, that the fault was not ours.
"Since the collection of these duties has already cost Bri- tain infinitely more in the loss of commerce than they amount to, and that loss is likely to increase, by the encouragement given to our manufactures, and since the best pretence for establishing and enforcing the duties, is the regulation of trade, for the general advantage, it seems to me, it would be much better for Britain to give them up, on condition that the colonies would undertake to collect such as are thought fit to be continued, by laws of their own, and officers of their ap- pointment, for the public uses of their respective govern- ments. This would destroy the seeds of disunion, and both countries might much longer continue to grow great together ; more secure by their united strength, and more formidable to their common enemies. But the power of appointing friends and dependants to profitable offices, is too pleasing to most administrations to be easily parted with, or lessened ; and therefore such a proposition is not likely to meet with attention.
" I do not pretend to the gift of prophecy. History shews, that by such steps, great empires have heretofore crumbled : And the late transactions, of which we have so much cause to complain, shew that we are in the same train; and that, with-
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out a greater share of prudence and wisdom than we have seen both sides to be possessed of, we shall probably come to the same conclusion."
No. IV .- Page 245.
J. OrIs was chairman of the committee who prepared the protest on this occasion ; which was as follows-" History furnishes an instance of an act of Parliament giving the force of law to the King's proclamations ; but this was soon repeal- ed, as subversive of the constitution. Since that period, an act was proposed to give the force of law to the King's instructions to Governors of the colonies ; and though it was not passed, some Governors have appeared to consider such instructions as laws, not only to themselves, but to the people. But nothing is more clear, than that neither instructions nor proclamations ought to have such force, either in regard to the Governor, or the subjects. It may be within the preroga- tive of the crown, in cases of plain necessity, to summon a Parliament to some other place than Westminster; and so of a Governor of this province, in like cases of plain neces- sity, to convoke a General Assembly to some other place than Boston, its accustomed, ancient place, and where alone pro- vision is made for it; yet, if a British King should call a Parliament, and keep it seven years in Cornwall, however his ministers might shift for themselves, their master and his affairs would be irretrievably embarrassed and ruined. And a Governor of this province, who, in order to harass the General Assembly into unconstitutional and unreasonable measures, should convene and hold them in the county of Berkshire or Lincoln, would render himself justly ridiculous and odious.
" There is nothing more plainly to be distinguished than power, right and prerogative, and the abuse of such power, right and prerogative. It is the King's prerogative to pardon all crimes, from trespass to high treason; but if the King
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should pardon all criminals, there would be an end of his government. The Commons have the sole right to give and grant, or to refuse to grant taxes ; but if they should refuse to grant any thing, there would also soon be an end of govern- ment. Should a King call a Parliament but once in seven years ; and on its meeting, should instantly dissolve it, and so repeatedly, a few such repetitions would ruin him, and be deemed a dissolution of the social compact. Should a Gover- nor of this province annually convene a General Assembly, and before or immediately after the election of Counsellors, dissolve such Assembly ; as the conduct would be similar, so the inferences and consequences must also be alike : For such exercises of the prerogative could not be deemed mistakes, but must be construed as voluntary and corrupt abuses of the prerogative, and a total perversion of the powers of which it consists. Such instances would be manifest abuses of power and prerogative ; and it is clearly, in our opinion, an abuse of the power vested in the Governor, by the charter, for him, unnecessarily, or merely in obedience to instructions, without exercising his own judgment or discretion, which by charter he is empowered, and is in duty bound to exercise for the good of the province, and not for the preservation of his place, to convene and hold the General Assembly out of the town of Boston, which is the ancient and most convenient place of its meeting.
"Upon these and other considerations, this House think it their indispensable duty, in discharge of the said trust reposed in them by their constituents, and for the sake of preserving and maintaining, as far as may be, the free constitution of the province, in the most explicit manner, to protest, and they do accordingly protest against all such doctrines, principles and practices as tend to establish either ministerial or even royal instructions, as laws, within this province. And further, this House do particularly protest against the manner of exercising the prerogative, in convening and holding the General Assembly in Cambridge, merely by force of instructions, as an intolerable grievance, which ought speedily to be redressed. It is notori-
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ous, that former Houses have borne this grievance with great moderation, in hope it would not be continued : and although the present House is inclined to judge as candidly as possible of the intentions of administration, yet it is the clear opinion of the House, that, if after all the remonstrances which have been made against this grievance, it should not speedily be redressed, it will then become plain and obvious, that the power vested in the Governor by the charter, for the good of the province, is wittingly perverted to a very different end."
No. V .- Page 295.
THE committee say, " That had the petitioners treated the General Court with more good manners and truth, they would have cast no odium upon their own characters by so doing ; that there is an essential difference between persons being taxed where they are not represented, and therefore against their consent, and being taxed when represented, and when what is taxed is only in consequence of the very condition of their grant or contract, which no one compelled them to enter into ; but which was entirely voluntary on their part. When a man purchases an estate under a mortgage, and he knows it to be so, what sort of conscience would he have to complain of being obliged to discharge it? The petitioners complain, that their estate is taken away from them against their wills; and very right it should be so, when their wills and their consciences are against doing what they engaged to do; and what, if they had not engaged to do, they would not have had the land at all. The petitioners allege that they are deprived of their charter rights, liberty of conscience ; that they are persecuted, and ought to be free from performing the conditions on their part, because they are Baptists. In imitation of the spirit and disposition of the good people cf
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the province, and of the Legislature for many years past, the committee, if they thought it any way affected liberty of con- science, would have reported in favor of the petition. The end and design of the grant of waste lands by the General Court is, that they shall be improved ; that what was mere nature should be occupied, and cultivated for the welfare and prosperity of his Majesty's good subjects in this province : But how can this be effected, when many in the newly granted townships refuse to comply with the conditions of the grant, by pleading conscience, which conditions they were perfectly acquainted with, when they had the grant. In new town- ships, the grantees, when all unite to perform the conditions, go through many hardships, and encounter a thousand difficul- ties before the same are performed. To excuse any, under any pretence whatever, therefore, would be unreasonable and cruel upon the rest, if they are obliged to do their own duty, and the duty of their delinquent brethren. And is this conscience ? Or is it against conscience that a man shall be obliged to do what he hath solemnly and voluntarily cove- nanted to do? What other method can be devised but to sell the lands of those, who say that they will not be as good as their word, or keep their covenant, though it be greatly to the prejudice of the public? Is it not more favorable to these delinquents, that part of their land be sold in fulfilment of their engagements, than that the whole should revert to the province, which is the tenure of their grant, and by which they hold their land ?"
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No. VI .- Page 389.
THE address was as follows-" The Congress of the Massa- chusetts colony, impressed with sentiments of gratitude and respect, beg leave to congratulate you on your safe arrival ; and to wish you all imaginable happiness and success in the
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execution of your elevated office. While we applaud that attention to the public good manifested in your appointment, we equally admire that disinterested virtue and distinguished patriotism, which alone could call you from the enjoyments of domestic life, which a sublime and manly taste, joined with an affluent fortune can afford, to hazard your life, and to endure the fatigues of war, in defence of the rights of mankind, and the good of your country. The laudable zeal for the common cause of America, and compassion for the distresses of this colony, exhibited by the great despatch made in your journey hither, fully justify the universal satisfaction we have with pleasure observed on this occasion, and are promising presages that the high expectations formed from your personal charac- ter and military abilities, are well founded. We wish you may have found such regularity and discipline already estab- lished in the army, as may be agreeable to your expectations. The hurry with which it was necessarily collected, and the many disadvantages arising from a suspension of government, under which we have raised and have endeavored to regulate the forces of this province, have rendered it a work of time. And though in some good measure effected, the completion of so difficult and necessary a task, is reserved to your Excel- lency : And we doubt not will be duly considered and at- tended to.
" We would not presume to prescribe to your Excellency ; but supposing you would wish to be informed of the general character of the soldiers who compose the army, we beg leave to represent, that the greatest part of them have never before seen service : And although naturally brave and of good understanding, yet for want of experience in military life, can have but little knowledge of divers things most essen- tial to the preservation of health, and of life itself. The youth of the army are not sensible of the absolute necessity of cleanliness in their dress and lodging, continual exercise and strict temperance, to preserve them from diseases fre- quently prevailing in camps.
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" We beg leave to assure you, that this Congress will, at all times, be ready to attend to any requisitions you may have occasion to make on us; and to contribute all the aid in our power to the cause of America, and your happiness and ease in the discharge of the duties of your exalted station. And we most fervently implore Almighty God, that his benediction may rest upon you; 'that your head may be covered in the day of battle ;' and that you may be long continued in life and health, a blessing to your country and mankind."
The following was his reply-" Gentlemen, your kind con- gratulations on my appointment and arrival, demand my warmest acknowledgments, and will ever be retained in grateful remembrance. In exchanging the enjoyments of domestic life for the duties of my present honorable, but arduous station, I only emulate the virtue and public spirit of the whole province of Massachusetts; which, with a firmness and patriotism, without example in modern history, has sacri- ficed all the comforts of social and political life in support of the rights of mankind, and the welfare of our common coun- try. My highest ambition is to be the happy instrument of vindicating those rights, and to see this devoted province again restored to peace, liberty and safety.
" The short space of time which has elapsed since my arrival, does not permit me to decide upon the state of the army. The course of human affairs forbids an expectation, that troops, formed under such circumstances, should, at once, possess the order, regularity and discipline of veterans. What- ever deficiences there may be, will, I doubt not, soon be made up, by the activity and zeal of the officers, and the docility and obedience of the men. These qualities, united with their native bravery and spirit, will afford a happy pre- sage of success, and put a final period to those distresses, which now overwhelm this once happy country. I most sincerely thank you for your declarations of readiness at all times to assist me in the discharge of the duties of my station-they are so complicated and extended, that I shall need the assist- ance of every good man and lover of his country ; and I shall
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repose the utmost confidence in your aids. In return for your affectionate wishes to myself, permit me to say, that I ear- nestly implore the Divine Being, in whose hands are all human events, to make you and your constituents as distin- guished for private and public happiness, as you have been by ministerial oppression, and by private and public dis- tress."
THE END.
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