USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 5
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In their memorial to the House of Lords, they observe, "that his Majesty's liege subjects in the colonies, while they acknowledged a due subordina- tion to the British Parliament, are entitled, in their humble opinion, to all the inherent rights and liber- ties of the natives of Great Britain ; and have ever since the settlement of the colonies, exercised those rights and liberties, as far as their local circumstances would permit : That they conceived one of the most essential rights of the colonists, which, till lately they had uninterruptedly enjoyed, to be trial by jury : That another was the exemption from all taxes, but such as were imposed on the people by the sèveral Legislatures in these colonies ; which right, they had also, till of late, freely enjoyed : That the act, there- fore, granting certain stamp duties in the American
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colonies, gave the deepest concern to his Majesty's subjects here, as it deprived them of two fundamental rights : And that several other late acts of Parlia- ment, extending the jurisdiction and powers of courts of admiralty in the plantations, beyond their limits in Great Britain, made an unhappy distinction be- tween them and their fellow subjects in England, by whom they had never been excelled in duty and loyalty to their Sovereign : That, from the natural connexion between Great Britain and America, the perpetual continuance of which they most ardently desired, they conceived, nothing could conduce more to the interest of both, than the colonies free enjoy- ment of their rights and liberties : That (not waving their claim to these rights, of which, with great de- ference to the wisdom and justice of Parliament, they apprehended they could not be deprived) from the peculiar circumstances of these colonies, the duties lately imposed were extremely grievous and burden- some, and the payment thereof would soon become absolutely impracticable ; and that these restrictions on trade would not only distress the colonies, but must be detrimental to the trade and interest of Great Britain." They therefore, "earnestly and hum- bly entreated their Lordships to adopt measures for restoring the just rights and liberties of the colonies. and preserving them forever inviolate ; for redress- ing their present and preventing future grievances."
The petition to the House of Commons from the Convention was similar to that addressed to the House of Lords ; but being more full and explicit on the subject, it will be proper to state its contents. They represented, " that the late acts of Parliament, imposing divers duties and taxes on the colonies, and laying the trade and commerce thereof under very burdensome restrictions, and especially the act for granting and applying certain stamp duties in Ameri- ca, had filled them with the deepest surprise and concern ; and that they conceived the execution of
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those acts would be attended with consequences most injurious to the commercial interest of Great Britain and her colonies, and must terminate in the ruin of the latter, which were thereby already involved in anxiety, confusion and distress." They said "they ex- pressly recognized their allegiance to the crown, and acknowledged all due submission to Parliament, and should ever retain a most grateful sense of their as- sistance and protection : That it was under the Eng- lish constitution they derived all their civil and re- ligious rights and liberties ; that they gloried in being subjects of the best of Kings, and in having been born under the most perfect form of govern- ment. But that it was with most ineffable and hu- miliating sorrow they found themselves, of late, de- prived of the right of granting their own property for his Majesty's service, to which they had ever been ready to contribute, to the utmost of their abilities : That it was also their misfortune to find, that all the penalities and forfeitures, mentioned in the stamp act and in divers late acts of trade, ex- tending to the plantations, were, at the election of the informer, recoverable in any court of admiralty in America : That this, according to the new estab- lishment of those courts which gave them jurisdiction over all British America, rendered his Majesty's subjects in the colonies liable to be carried, at an im- mense expense, from one end of the continent to the other : That it gave them great concern, thus to see a manifest distinction made between the subjects of the parent country and those in the colonies : That thus they were, in effect, deprived of two privileges essential to freedom, and which all Englishmen have ever considered as their best birth-right, that of being free from all taxes, but such as they had con- sented to in person or by their representatives, and of trial by their peers: That the remote situation of the colonies rendered it impracticable that they should be represented, but in their respective subor-
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dinate Legislatures : and that they conceived Parlia- ment, adhering strictly to the principles of the con- stitution, have never hitherto taxed any, but those who were actually represented therein." They also urged reasons for repealing the stamp act, and other acts for raising a revenue in the colonies, suggested by considerations of equity and policy ; as that their own debts were large and burdensome, and that their trade with Great Britain would necessarily be cur- tailed, which would prove injurious alike to the pros- perity of the parent country and to the American colonies. And they proceeded to inquire, "whether there was not a material distinction between the ex- ercise of Parliamentary jurisdiction in general acts for the amendment of the common law and the regu- lation of trade and commerce through the whole em- pire ; and the exercise of that jurisdiction by impos- ing taxes on the colonies ;" and thereupon stated, " that the several subordinate provincial Legislatures had been moulded into forms as nearly resembling that of the parent country as by his Majesty's pre- decessors had been thought convenient : That these Legislatures had been wisely established, so that the subjects in the colonies might enjoy the happy fruits of the British government, which, owing to their situation, they could not fully avail themselves of in any other way : That, under these forms of govern- ment, they and their ancestors had been born or set- tled, and had had their lives, liberties and properties protected : That, they esteemed their connexion with and dependence on Great Britain, as one of their greatest blessings, and apprehended the latter would be sufficiently secure, when it was considered that the inhabitants in the colonies had the most un- bounded affection for his Majesty's person, family and government, as well as for the parent country, and their general subordination to Parliament was universally acknowledged."
CHAPTER IV.
Uneasiness and Riots on account of the Stamp Act-Stamps arrive- House refuse to give orders respecting them-Public Business done without stamps-Instructions to Boston Representatives-Gover- nor contends for supremacy of Parliament-The Assembly consent to it only in a qualified sense-Declare their loyalty and contend for Charter Rights-Non-importation agreement-Diminution of Trade.
IN the month of August, the people in the capital had become so irritated by the stamp act, which had been passed, without even permitting the represen- tations and petitions forwarded from Massachusetts and the other provinces to be read, and which was soon to go into operation, that some riots ensued, which were highly dishonorable to the sober char- acter they had always maintained, and which morti- fied the more intelligent friends of liberty both in the province and in England. Whenever excesses are committed, be it even by the lower class of the citizens, they serve alike to discourage the advocates of constitutional freedom, and to excuse the friends of arbitrary power in their measures of severity and coercion. But when the people have been long ac- customed to civil liberty, they will not easily endure an abridgment of their privileges ; and the excite- ment produced by oppression often manifests itself in acts of riot and misrule. If the people cannot be justified in taking the law into their own hands, or detering the public officer from the discharge of his
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duty, much less can administration, for encroaching on their rights and imposing unconstitutional taxes and burdens.
Mr. OLIVER, who was appointed to distribute the stamps when received in the province, was hung in effigy ; his house was surrounded in the evening, and the family greatly alarmed. They escaped with- out receiving any personal injury ; but the windows and some of the furniture were broken ; a small building intended for a stamp office was entirely de- molished ; and the pageant was consumed in the flames. The mob proceeded to the house of lieutenant gov- ernor HUTCHINSON, at the north part of the town, with clamorous threats; but by the advice of some sober, discreet individuals of the whig party, who had assembled, with a view, probably, to restrain the populace, no further injury was done on that evening. But the spirit of discontent and irritation was not allayed. It was only smothered for a short period, again to burst forth with greater fury. In fact, the people were wrought up almost to a degree of phrenzy. They saw their most valued rights and privileges violated ; and had sufficient reason to ap- prehend still greater burdens, from an administration . without political wisdom, and which seemed to have no regard for civil liberty. And it could not justly be expected of them to conduct, in all cases, with the moderation which marks the proceedings of the intelligent and reflecting few. It is rather matter of surprise, that the oppressive acts of administration did not produce greater tumults, and excesses of a more mischievous character. On the 26th of the same month, another riot ensued, more alarming than the former. The houses of the Clerk of the Vice Admi- ralty Court, and of the Collector of the Customs, were forcibly entered, a great part of their furniture de- faced, and their papers committed to the flames or taken away and destroyed. The same evening they attacked the dwelling house of the Lieutenant Gov-
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ernor. Apprehensive of personal danger, he and his family fled under cover of the night to a distant part of the town. The rioters entered and commit- ted depredations, shameful to civilized society, and dishonorable to freemen. Not only the valuable fur- niture and pictures were destroyed ; but most of the rooms were so defaced and injured as to render them untenantable. His library and manuscripts, which were very valuable, were chiefly burnt or thrown into the streets: Some of them, however, were afterwards collected, and at a later period, were found in his house in Milton. There is no doubt, but these ex- cesses were committed by the lowest class of the peo- ple : nor is it probable that any of the more respec- table even connived at such conduct : For they were a stigma on the town and an injury to the cause of liberty. The intelligent and influential citizens of the patriot party were open and severe in their cen- sures on the perpetrators. The inhabitants of Boston immediately assembled, and unanimously expressed their detestation of such proceedings ; and directed the magistrates to employ all proper measures to de- tect and punish the authors of them. The Council also advised the Governor to issue a proclamation, promising a reward for arresting those who had taken any part in the riots. Some persons were taken up on suspicion ; but no proof could be fur- nished against them. The business of an informer is always dishonorable ; and in a case like this, it was not to be expected, that many would volunteer in the service, however much they might disapprove of such excesses. The people had great cause of irri- tation, and their views were laudable, though their conduct, in this instance was wholly unjustifiable. And great care was taken by those who gave the tone to public sentiment, both in and out of office to pre- vent the recurrence of such tumultuous scenes.
The Governor called the General Court together, in September, at a period earlier than usual, on account
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of the riots which had taken place, to ask for addi- tional strength to the arm of the executive, for the purpose of preventing such proceedings in future ; and to refer the business of distributing the stamps, then daily expected, to the Legislature. The day following, a ship arrived in the harbor of Boston with the stamped papers designed to be used in the province. The Governor by a special message, gave the House notice, having first requested the opinion of the Council on the subject, who declined giving any advice in the case. The Representatives re- plied, "that as the stamped papers were brought here without any directions to this government, it is the sense of the House, that it may prove of ill con- sequence for them, in any way, to interest themselves in the matter : and that they hoped his Excellency would excuse them for not giving any assistance therein." Soon after, Mr. OLIVER, who had been appointed the distributor of the stamps, finding a determined opposition in the people to the use and even the sale of them, in the province, declined the office ; and the Governor again laid the subject before the Council, who advised, that they be deposited at Castle William, and there preserved entire, without being unpacked, for his Majesty's further orders.
It was almost the universal opinion of the people in the province, that the act requiring the use of stamps, and demanding a duty for them to be added to the British revenues, was unconstitutional. It certainly would have been burdensome in its opera- tion, and an infringement on their charter rights : and there was a very general determination not to use them. But as they were required for all legal papers, a difficulty was apprehended as to the courts proceeding without them. The town of Boston had a meeting on the subject, and adopted a petition to be presented the Governor and Council, praying them to order the courts to dispense with them. The General Court, at its session in October, ap-
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pointed a committee "to report proper methods to prevent difficulties which might arise in the pro- ceedings of courts of justice through the province." This committee reported a resolve, which was re- jected by the House of Representatives, though it was adopted in the Council-the purport of which was, "that the justices of the superior court, and of the courts of common pleas, judges of probate, clerks of courts, registers of deeds, sheriffs, coroners and others, who, by the late act, were required to use stamp papers, be ordered to proceed in the same manner, in the execution of their respective offices, as if the act had never been passed; and that all papers, which were subject to be, stamped by said act, be deemed valid without the stamp, during the present emergency." It does not appear what were the objections of the House to this resolve. A large and respectable committee had reported the resolu- tion, consisting of eight of their members. And it would appear to have been sufficiently decided and firm, in its phraseology. In fact, the resolution amounted to a direct interference with and opposition to an express act of Parliament. It is probable, however, from a subsequent amendment proposed by the House, that they were desirous of adding a clause, not only against the use of stamps, but of the great evils which would ensue, if the courts were suspended, in which the Council were not prepared to join. The subject was, therefore, referred to the session in January, 1766. The House was then desirous of passing a resolution, declaring it "the duty of the judges and other public officers to pro- ceed in the discharge of their several functions." The Council were disposed to consult the judges and to prevail on them to proceed to business, without any formal order of the Legislature. And soon after, the judges agreed that the usual business of the courts should be transacted in the approaching spring without the use of stamps. It was with great reluc-
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tance they consented to this measure, for they were, generally, friends of the British administration.
Great disapprobation of the measures of ministers was, at this time, publicly expressed in the province. The opinion prevailed, that an early and decided stand against the arbitrary proceedings of the British government would be effectual in favor of liberty. Obsta principiis, is a sound political maxim : and the patriots of that trying period were aware of the greater difficulty of opposing the authority of Parlia- ment, at a future day, than in resisting the first encroachments on their rights. It is not improbable, however, that they were induced to be more decided in their efforts, from the general belief, that the administration was unpopular, even in England ; and that other agents would be called to take part in the government, more friendly to the colonies, and to the great principles of English liberty. A change of ministers took place in July, the intelligence of which reached this country in September. The dukes of New Castle and of Grafton, the marquis of Rocking- ham, lord Dartmouth and others, were brought into power, in consequence of the general discontent with the policy and measures of the Grenville party, who were supposed to be under the secret influence of lord Bute. This nobleman had great talents, and was high in the esteem of the king ; yet his views of government were too arbitrary to render him a friend of the people. Many able statesmen disapproved of the principles and measures of the Grenville admin- istration ; and the merchants, who were concerned in trade with the colonies, and the middling class of citizens, generally, were opposed to the plan of tax- ing America.
The inhabitants of Boston, always foremost in their exertions in defence of freedom, and greatly alarmed at the prospect before them, when the stamp act was to go into operation, but careful also to proceed in a regular and constitutional manner, held a meeting in
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September, to consult on the public welfare; and expressed their feelings in an address to their repre- sentatives ;* in which they observed, "That the measures adopted by the British ministers tended to distress the trade of the province, and interfered with the invaluable rights and privileges of the people; and, therefore, gave them great concern : That they were particularly alarmed by the stamp act, which they considered a great grievance, and even unconstitutional ; as the charter granted the power of making laws for the internal government of the province, and for levying taxes; and by it, they were entitled to all the liberties of natural free-born subjects of Great Britain ; the most essential of which were those of being represented in that branch of the government which exercised the power of taxation : That they were not, and could not be truly repre- sented in the English Parliament: That if the act should be carried into execution in the province, t it would be a precedent for Parliament to tax them in future, whenever the ministers should propose it, without the consent of the people-and that justice to themselves and their posterity required them to declare their dissatisfaction with this law." And they enjoined it on their representatives to approve of no measures for facilitating the execution of this obnoxious act : but to use their best endeavours in the General Assembly to have the inherent rights of the people of the province asserted and vindicated, and to have it left on public record ; that so posterity might not have reason to charge them with the guilt of tameness in resigning them.}
When the Governor convened the General Court in September, by a special summons, he represented to them the necessity of energetic measures for pre-
* J. Otis, T. Cushing, T. Gray-O. Thacher having lately deceased, S. Adams was elected in his room.
t It was to take effect on the first of November.
# Many other towns gave similar instructions to their representatives.
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serving the public peace, which he considered in danger; and intimated that they had much business to transact, in discharging their duty to the province. Yet, in three days, by some unaccountable caprice, he prorogued the Court, before they had time to adopt measures for aiding him and the officers of the crown, as he might particularly point out; or to agree on means, which was more their concern, for preventing the law from taking effect, and prevailing with Parliament to repeal it.
Although governor BERNARD was a friend to the ministry, and admitted the doctrine of the absolute power of Parliament, he had not, in his public ad- dresses to the General Court, discussed the subjects in dispute between the province and the British administration. There had already been three sessions of the Legislative Assembly since the laws were passed for raising a revenue in the colonies, at which measures had been adopted or proposed, to effect their discontinuance. But on none of these occasions, did the Governor assume the character of a diplomatist ; though he had in general terms, incul- cated obedience and subordination to the parent state. At the opening of this session, in September, after referring to the recent tumultuous conduct of the populace in Boston, with proper expressions of dis- approbation, he undertook the vindication of minis- ters, and declared his belief of the supreme and unlimited authority of Parliament. He also dwelt much on the power of the British government, and urged entire submission to all its acts, from consider- ations of expediency, as opposition would but render the situation of the province more distressing. He culogized the character of the King; and endeavoured to persuade them, that they might justly expect a redress of all their grievances, if they yielded obedi- ence to the authority of the parent state. At their meeting in October, called by the Governor with advice of the Council, as the public opinion imperi-
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ously demanded it, the House of Representatives replied to his Excellency's speech, delivered in Sep- tember: In which they declared their respect and loyalty for the King, and, in a qualified sense, ac- knowledged the supreme authority of Parliament. They would not presume, they said, to adjust its limits : but hesitated not to declare, that, in their apprehension, 'there were bounds to it.' They reminded the Governor of the sentence of excom- munication solemnly pronounced against those who should make statutes, or observe them when made, contrary to the liberties of Magna Charta. They expressed a belief, that the zealous advocates for the constitution, in past times, compared the acts of Par- liament with Magna Charta; and that, if any were found to infringe on the rights of that instrument, they were repealed : and they observed, that they had the same confidence in the rectitude of the pre- sent Parliament ; and could not, therefore, but be surprised at an intimation, that they would require submission to an act as a preliminary to their grant- ing relief from the unconstitutional burdens of it ; which supposed such a wanton exercise of arbitrary power, as ought never to be surmised of the patrons of liberty and justice. They insisted, also, that the charter of the province invested the General Assem- bly with the power of making laws for its internal government and taxation ; and that this charter had never been forfeited. They granted, that Parlia- ment had a right to make all laws within the limits of their own constitution ; and presumed that they claimed no more. They appealed to his Excellency, if he would not acknowledge, that there were certain original, inherent rights, belonging to the people, which the Parliament itself could not divest them of, consistently with their own constitution ; among which was the right of representation in the same body which exercised the power of taxation : And they observed, that the subjects in the colonies were
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not represented in Parliament, nor was it practicable for them to be so : That they knew not, that the right of the colonies to make their own laws and tax them- selves, had ever been questioned ; but, on the con- trary, had been constantly recognized by the King and Parliament : That for Parliament, though the supreme authority over all the subjects in the British. dominions, to claim a despotic power within them- selves, would be most disrespectful-and they put it to the Governor, whether to suppose an indisputable right in any government to tax the subjects without their consent did not include the idea of such a power. .
This answer of the House of Representatives to the Governor is so able and conclusive, goes so fully into the consideration of the fundamental principles of a free government, which the British professed to be, and states so clearly the views of the patriots in Massachusetts of that period respecting the rights recognized in their charter and belonging to them as Englishmen, that it will be proper to give a part of it, in their own spirited manner. ' Our duty to the King (they say) who holds the rights of all his sub- jects as sacred as his own prerogative, and our re- gard to our constituents and concern for their dear- est interests, constrain us to be explicit upon this very important occasion. We beg your Excellency would consider the people of this province as having the strongest affection for his Majesty, under whose hap- py government they have felt all the blessings of lib- erty. They have a warm sense of the honor, free- dom and independence of a Patriot King : They have a just value for those inestimable rights, which are derived to all men from nature, and are happily interwoven in the British constitution. They esteem it sacrilege for them, ever to give them up : And rather than lose them, they would willingly part with every thing else. We deeply regret it, that Parlia- ment has seen fit to pass such an act as the stamp
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