USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 4
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The attention of the General Court was chiefly directed to the local and internal concerns of the pro- vince. Various acts were passed, confirming grants of lands to individuals, incorporating new towns, regulating the fishery in several rivers ; such as had
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usually occupied the time of the Assembly, and such as the growing population required. An important law was enacted at this session, for preventing fraud in debtors, and for securing the effects of insolvent debtors for the benefit of their creditors ; by which it was provided, that a justice of the superior court might order the seizure of all the property of an in- solvent, who should abscond, or be concealed, so that the same might be held for the benefit of all the creditors, and thus an inequality prevented in the distribution of it, which, as the former law was, often existed, in consequence of the attachment by only a part of them. And it was also provided, that a ma- jority of creditors should have power to give a cer- tificate to an insolvent debtor, on delivery of his whole property under oath, so that his body should be free from arrest by others. This law was repeal- ed a few years afterwards, on account of abuses and evasions, occasionally made by individuals. But it shews a disposition in the legislators of that period, to ameliorate the severe practice of confining a man in prison, like a felon, merely on account of his pov- erty. When will those who make laws for their fel- low men, imbibe so much of a humane and Christain spirit as to distinguish between crime and misfor- tune, and see the impolicy and injustice of placing a poor man in prison, where he is deprived of his nat- ural liberty and prevented from contributing to the support of his family or friends !
It is important also to refer to the two following acts, which were passed at the present session ; one granting to his majesty an excise upon distilled spir- its, and wine and some other articles-The other granting to his majesty several rates and duties of im- port, and tonnage on shipping. But it was express- ly declared, however, to be with a view to lessen the public debt of the province, and to be solely applied to that use ; and is evidence of the free and inde- pendent exercise of legislative power in the Assembly
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of the province, guaranteed by the charter and long enjoyed, without denial or dispute. To determine the amount of taxes to be at any time paid by the people of the province, and the purposes to which they should be applied, was claimed as a right ; and never acknowledged as a privilege or an indulgence dependent either on the will of ministers or the Par- liament. And here it may be proper to notice a dis- tinction made by the Representatives, and by private individuals in the province between internal taxes, and a revenue arising from imposts, which they were not disposed to deny that the British Parliament might require, upon the idea, that, being the su- preme legislative authority of the empire, it could of right regulate trade between the colonies and foreign ports. It was justly contended, however, that even this power might be oppressively exercised : And it was therefore proper to remonstrate against high du- ties, which took off all the profits of trade and thus checked the prosperity of the colonies. And had not administration resorted to the novel expedient of imposing internal taxes, which would in fact be the effects of the stamp act, and advanced the alarming doctrine of their right to tax the people in America in any way, or to any extent, they should determine to be proper or expedient ; the sugar act and other restrictive regulations with respect to foreign trade and commerce, would never have excited such seri- ous opposition. They might have resorted to manu- factures, they might have withdrawn a part of their capital employed in commerce and attended more to agricultural pursuits, the profits of which if not so rapid, are no less sure. But they could not consent that the parent government, on any pretence what- ever, should levy internal taxes, in which they had no voice : For such a system would soon produce dis- tress and servitude. Many even of the advocates of ministerial measures and of the ultimate supremacy of Parliament, disapproved the plan of administration
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to levy internal taxes on the colonies, as oppressive in their operation and contrary to the spirit and de- sign of the charter.
That we may do full justice to the zeal and ability of the patriots of Massachusetts and of the other col- onies, in contending for their civil rights and in op- posing the measures of the British administration, which were very oppressive in their operation and inconsistent with the authority hitherto exercised by the colonial governments, and believed to be guaran- teed to them by their charters, it must be remem- bered, that the ministry and most of the political characters in England seemed to be entirely con- vinced of the right of Parliament to direct and con- trol the concerns of the colonies. To the extent they claimed to exercise such power and to interfere with the internal regulation of the provinces, considering the legislative authority expressly given by charter to some of them, they were, undoubtedly, subject to prejudice and mistake. But it is a fact, that gener- ally, even those who professed to respect constitu- tional principles, insisted on the supremacy of the parent government, and contended that the colonial assemblies must submit in all cases to the authority and will of the supreme legislature of the empire. They did not, indeed, pretend, that Parliament could do no wrong. But they did in effect assert this, by claiming a right to the uncontroled exercise of pow- er, of the legitimacy and application of which they were the sole judges. This was the great difficulty to be settled : and it was no trifling affair to shew the rights of the colonies, as asserted by the patri- otic statesmen of Massachusetts and yet admit their subordination to the ultimate authority of Parliament. The true doctrine was as advanced by Mr. Otis in his pamphlet on the rights of the colonies, published in 1764, and to which reference has already been made, He admitted the supremacy of Parliament ; and granted, that as long as we remained a part of
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the empire, the authority of the parent government must be paramount to all others within the realm. But he took the high and strong ground of constitu- tional principles, which, especially since the revolu- tion of 1689, were allowed to have a binding and controling power over the acts of Parliament even ; and thence argued, that when it exceeded its legiti- mate authority and encroached on the rights of cor- porations or individuals, or attempted to dissolve contracts or charters, not forfeited by the grantees by any violations on their part, its acts were arbi- trary and unjust. And as this doctrine might lead to insurrection or rebellion, he maintained that peti- tions, memorials and remonstrances, were in the first place the duty of the subjects : Yet when these were ineffectual, when oppression was great and accumu- lated, and injustice and despotism most palpably evident, that then open and forcible opposition would be justifiable. And such seems to have been the sentiments and arguments of the statesmen in this and the other colonies, from this time to the eventful period of the revolution. Their opposition was to measures of the British administration, believed to be not only oppressive, but arbitrary and unconstitu- tional. But with some occasional relaxation, the policy and claims of ministers were continued : and after ten years of able and sometimes bitter contro- versy, the appeal was made to force; and the colo- nies were obliged to take up arms in defence of rights and privileges before enjoyed by their predecessors, and such as they believed themselves entitled to, equally with other subjects of Great Britain.
The Board of . Council, not only had an advisory power with the Governor in executive concerns, but were a distinct branch of the Legislature : and their co-operation was necessary in all laws and orders of the government. In their opinions and views, they generally harmonized with the House of Assembly, consisting of the immediate representatives of the
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people. There was, however, on some occasions, a difference of opinion between them, as to the distinct authority of each branch; and the House, though justly tenacious of its separate powers, was sometimes jealous of the interference of the Council in the smallest degree. At this session, a vote was passed by the House of Assembly, and sent to the Council for concurrence. The Board made a material alter- ation, and in fact prepared a new draft of the vote, and thereupon sent it to the House for them to pass, as if it had originated with the representatives ; and thus, as the House contended, exercised a degree of interference and dictation which they considered very improper. The case was not very important; but the House contended for the principle; and on this and other occasions manifested a most watchful vigi- lance of the rights of the Assembly. This was not a vote for either raising or appropriating money, which it was conceded the House had the exclusive right to originate. Nor did the House deny the right of the Council to alter a vote or order sent up to them. But objected to the propriety of having such vote, after being materially altered in Council, appearing to have its origin in the House. The Council finally yielded and acquiesced in the opinion of the repre- sentatives.
About this period, the House of Assembly com- plained of an appropriation of public money, by the Governor and Council, without authority of law. Some expenses had been incurred, at the castle, which were judged necessary; and payment was ordered by the executive, though no specific appro- priation had been made by the Legislature. The representatives, at the following session, complained of the impropriety of the measure ; which the Gov- ernor and Council attempted to justify by the neces- sity of the case. The House were not satisfied with this suggestion ; alleging, that though the expenses might have been necessary at the time, the payment
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could have been delayed a few months without injury to any one; and insisted that it was unconstitutional and dangerous to allow such power in the executive ; as it would lead to great injustice, and a misapplica- tion of public money, under the plea of necessity, which might be offered on all occasions. It is proper to record such proceedings, since they serve to mäni- fest the feelings and views of the statesmen of that period, as to constitutional principles, and a correct course in legislation.
It had been provided, by an act of Parliament, establishing vice-admiralty courts in America, and giving them cognizance and jurisdiction in cases of seizure, under the law imposing duties on certain articles imported into the colonies, that a third part of the monies accruing from forfeitures should be appropriated towards the support of the government of the province in which the seizure and forfeiture happened. The officers of the customs were very diligent in complaining and prosecuting all persons who attempted to evade the law by secreting the articles imported. The judge of the court of vice- admiralty was equally astute in condemning all breaches of the act. A considerable amount was thus forfeited, a portion of which belonged to the province. But the revenue officers were more ready to receive fines, than to pay over to the treasurer of the province. The House of Representatives found it necessary to inquire into the case, and to take care that the government here was not defrauded of its legal portion of the receipts. At this session, they appointed the gentlemen of the Boston seat a com- mittee to employ learned and able council to support the right of the province to all monies forfeited pur- suant to the judgment of the court of admiralty under the said act.
In February, 1765, the stamp act, proposed at a former session of Parliament, was passed, requiring stamped paper to be used for all legal instruments.
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at the Custom House, in all courts, even courts of probate, bonds, deeds, and diplomas for collegiate degrees, and imposing a duty or tax thereon, by which a large amount was to be raised in the colo- nies. And all forfeitures arising from breaches of this law, as well as of the act subjecting the people to imposts, were to be recovered in the courts of admiralty ; which were extremely unpopular, both on account of the entire power given to the judge to decide without a jury, and of certain provisions very vexatious and oppressive to the citizens, and furnish- ing great temptations to the complainants and the judge to condemn all who were prosecuted. The petition and remonstrance sent from this province in November preceding, and others from New-York, Virginia and Connecticut, referring to the acts of Parliament for raising a revenue in the colonies ; and especially stating the grievous burden of a stamp act, then already apprehended, were not presented. Though very loyal in the sentiments expressed, and respectful in language, they were not offered, on account of some rule then in force as to the receiving of such remonstrances when a bill for raising money was under consideration. Nor does it appear that the agents pressed the matter with much zeal; having ascertained, that a large majority of both Houses of Parliament were fully satisfied of their authority to impose any taxes on the colonies they might think expedient. There were very few of the whig party, so called, who were bold enough to deny this right of Parliament. It was not till afterwards, and upon mature consideration, that Mr. PITT, and others, became convinced, that it was unconstitutional and arbitrary in the British government to legislate for and levy taxes on the colonies, unless they could be represented in the Legislature laying such taxes. It was enough for administration and the majority of Parliament, who supported them, that its power was supreme ; and they insisted that the colonies who had
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received and still needed, as pretended, the aid and support of the parent country, should be liable to pay such part of the public debt and expenses of the em- pire as the British Legislature might require. Had the statement made by the province before mention- ed, and the arguments advanced in their humble and dutiful memorial been fully considered, it is probable, that disinterested and impartial statesman in the British Parliament would have opposed the passage of such an act as that to raise a revenue from stamp paper, and of all others, then contemplated for levy- ing internal taxes in the colonies.
In April a complaint was made to the Governor and Council, that a quantity of molasses, then recently imported, and in the custody of an officer of the customs, on Taunton river, in the county of Bristol, had been forcibly seized and conveyed away. It was represented, not only that the proceedings were unlawful, but that a great riot had taken place, which required the interference of the executive power. The Council gave directions to several justices of - the peace in that county* to inquire into the affair : and, if necessary, to call out the militia, to suppress any tumultuous proceedings, and to assist in recover- ing the articles taken. The gentleman at the head of the customs went down from Boston, and by as- sistance of the magistrates the goods were recovered, which had been taken and secreted ; and no opposi- tion was made on the part of the people. Though some hogsheads of this article had been improperly taken from the possession of the officer, with the in- tention, no doubt, to evade the payment of the im- post duties, yet the affair was much exaggerated ; it having been stated to the governor that a large number of the citizens of that county were in arms, determined to oppose the authority of government.
* Samuel White, then Speaker of the House of Representatives, and Robert T. Paine, were two of them.
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There was, indeed, at this time, much uneasiness in various parts of the province, especially in sea-ports, on account of the high duties then lately imposed ; and attempts were made, in several places, to evade the regulations of the revenue department. But neither riots nor evasions of the laws were counte- nanced by the representatives, or by influential in- dividuals in private stations. Their opposition to the measures of administration was lawful and consti- tutional, though resolute and firm.
When intelligence arrived that the stamp act had been passed, great dissatisfaction was manifested through the province of Massachusetts, and the colo- nies generally. And much surprise was mingled with the irritation, that the act had been adopted without any regard to the memorials and remon- strances forwarded from America on the subject. Feeling as freemen and as Englishmen, conscious of loyal intentions, and of a willingness to submit to all just and constitutional laws, and with a full recollec- tion of past privileges and services, a majority of the people were at once alarmed and indignant at the hasty adoption of such arbitrary measures. They saw a fatal blow aimed at their highly valued char- tered liberties ; and were justly apprehensive, that their civil freedom would be laid prostrate at the feet of despotic power, without a more resolute and united defence than had yet been made. Governor BERNARD, in his speech to the Legislature in May, merely glanced at the interesting subject, by which the public mind was so deeply agitated ; but urged entire submission to all acts of Parliament, as it was the sanctuary of liberty and justice ; and eulogized the character of the prince on the throne, 'as one fully deserving the epithet of a patriot king.' His speech had principal reference to other topics of a local nature. But the House of Representatives, having referred to committees the several matters recommended by the governor, devoted themselves
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to the adoption of measures for preserving the rights of the province, which they saw directly and sys- tematically assailed.
On an early day of the session, " having considered the many difficulties, to which the colonies were and must be reduced by the operation of the late acts of Parliament," they voted to appoint a committee of nine of their body* to report what measures were best to be taken thereon. This committee recommended, " that there should be a meeting, as soon as conven- ient, of committees from the Houses of Representa- tives, or Burgesses, in the several colonies on this continent, to consult together on their present cir- cumstances, and the difficulties to which they are and must be reduced by the late acts of Parliament for levying duties and taxes on the colonies, and to consider of a general and humble address to his majesty and the Parliament, imploring relief; that such meeting should be holden at New-York, in October; that three persons be chosen from the House of Representatives, on the part of this pro- vince to attend the Convention ; that letters be pre- pared and transmitted to the respective Speakers of the several Houses of Representatives, or Burgesses, in the colonies, advising them of the resolutions of the House, and inviting them to join, by their com- mittees, for the purposes above expressed. And that a letter be also prepared and forwarded to the agent of the province in England on these matters." This report was adopted by the House; and they pro- ceeded to choose three of their members, J. OTIS, 0. PARTRIDGE and T. RUGGLES, + as the committee ; and a circular letter was read and approved, to be addressed, by the Speaker, to the several Houses of Assembly of the other colonies, agreeably to the sen- timents and views expressed in the report.
* The Speaker, (Samnel White) Ruggles, Partridge, Worthington, Winslow, Otis, Cushing, Saltonstall and Sheafe.
+ J. Worthington was first chosen, but declined ; and T. Ruggles was appointed in his room.
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This was a very important measure. An occasion was thus furnished for citizens from the different colonies to confer with one another, and to ascertain each others opinions and feelings : and a precedent was established for a general meeting, in future, to consult for the welfare of the whole. The effect of united consultation and petitions must also be much greater, than an application or an expression of dis- content from a single province. And the British administration must have seen that the dissatisfaction in the colonies, was not, as represented, confined to a particular section of the country and to a few indi- viduals ; but was almost universal.
This Convention was composed of committees from Massachusetts, Rhode-Island, New-Jersey, Pennsyl- vania, Delaware and Maryland. The General As- sembly of Virginia, Connecticut, and some other colonies, were not in session, during the time which intervened from receiving the circular from Massa- chusetts and the month of October following, when the Convention was holden in New-York. Mr. RUGGLES, one of the committee for this province, did not approve of the proceedings of the Convention. And he was not satisfied with merely withholding his assent from the memorial prepared to be present- ed to the king and Parliament; his conduct was considered highly improper on the occasion, and he was afterwards censured by a vote of the Assembly of Massachusetts. Soon after this period, he discov- ered great subserviency to the views of the British administration, in their arbitrary policy towards the colony ; and he lost the confidence and esteem of all the patriots in the province.
The memorials prepared by this Convention and addressed to the king and to the two Houses of Par- liament, were explicit and decided, as to the exclu- sive rights of the colonies to self government, and to regulate all internal taxation : and at the same time, were most respectful and loyal. In the petition to
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the king, they declared their inviolable attachment to his majesty's person and government, and their joy at the establishment of the Protestant succession in his illustrious family ; and stated that the colonies were planted by subjects of the British crown who were animated with the spirit of freedom : and who, encouraged by his majesty's predecessors, and confid- ing in the public faith for the enjoyment of all the rights and privileges essential to liberty, emigrated to this continent, and, in the midst of dangers and difficulties, had happily added vast and valuable dominions to the British empire: That, for the enjoyment of these rights and liberties, several gov- ernments were early formed in these colonies, with full powers of legislation, agreeable to the principles of the English constitution : That under such gov- ernments, these liberties, thus vested in their ances- tors, had been always exercised and enjoyed : That by means of these settlements, a foundation was laid for rendering the British empire the most extensive and powerful in the world; and that they esteemed a connexion with Great Britain their greatest happi- ness and security : That they apprehended this con- nexion would be most firmly and permanently estab- lished, by fixing the pillars thereof on liberty and justice, and securing the inherent rights and liberties of the subjects in America on the principles of the English constitution : That to this constitution, two principles were essential, their right freely to grant to his majesty such aids as should be required for the support of government and other public exigencies ; and trials by their peers : That, by the one, they were secured from unreasonable impositions ; and by the other, from arbitrary decisions of the executive power: That the continuation of these liberties were absolutely necessary to unite the several parts of the wide extended empire of Great Britain, and to secure the growth and prosperity of the American colonies, from which incalculable advantages would be derived
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to the parent country, as well as to these plantations : But that these advantages, by the abridgment of their rights and liberties, were in danger of being lost for- ever; and the subordinate Legislatures here rendered useless by the late acts of Parliament imposing duties and taxes on the colonies, and extending the jurisdic- tion of the courts of admiralty beyond their ancient limits; acts, by which the Commons in England undertook to dispose of the property of their fellow- subjects in America without their consent; and for enforcing whereof, they were subject to the deter- mination of a single judge in a court unrestrained by the wise rules of the common law, the birth-right of Englishmen, and the safeguard of their persons and property : That the invaluable rights of taxing themselves, and of trial by their peers, were not, as they conceived, unconstitutional, but confirmed by the great charter of English liberty : That on the first of these rights, the House of Commons founded their practice of originating all money bills ; a right enjoyed even by the people of Ireland, and a right which all his Majesty's subjects, both within and without the realm, had hitherto enjoyed."
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