USA > Massachusetts > History of Massachusetts from 1764, to July 1775; when general Washington took command of the American Army. V. 1 > Part 8
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As there was a report that more troops had been ordered into the province, the House inquired of the Governor whether this intelligence was correct. He informed them, that he had no official notice of any augmentation of the military to be stationed in the province. It afterwards appeared, however, that he had reason to expect them, as he had then repre- sented to ministers, that a greatcr number of troops would be necessary, and had informal notice, that more had been actually ordered.
While such suspicions rested upon the Governor, the principal agent of the British administration in the province, and while such was his official conduct, ready at all times to execute the most oppressive acts of Parliament, however displeasing to the people ; it was not strange that a spirit of alienation and a disposition to complain were still manifested. In his address, however, to the General Court in January 1767, the Governor refrained from all invective ;
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and, it would seem, was purposely concise, to avoid giving occasion for bitterness or crimination. He recommended to them, "to make the support for the authority of government, the maintenance of the honor of the province, and the promotion of the welfare of the people, the chief objects of their con- sultation." He added, "these are duties common to us all ; and whilst they are truly pursued, there can be no room for disagreement or dissatisfaction." But the House of Representatives, with feelings deeply engaged in favor of the rights and liberties of the people, were not satisfied with a reply expressed in such general terms : and, as they lost no occasion for declaring their sentiments on this interesting subject, gave their views of the authority of government more at large. "By the authority of the govern- ment, this House understand the charter rights and power of the General Court or Assembly of this province, and the several branches of the same ; and the powers, with which the civil officers of the prov- ince are by law vested. While the members of the Assembly firmly maintain those rights and powers, and the body of the people steadily and vigorously sustain and protect the civil officers in the exercise of their respective powers, in the full execution of the good laws of the province, and the discharge of their several trusts, whether judiciary or ministerial, we apprehend the authority of the government is then supported. It is necessary, for the support of this authority, that the House of Representatives well inform themselves of the true extent of those rights and powers ; and sacredly adhere to their own rights, as one branch of the Legislature : That they zeal- ously assert the rights of their constituents, the peo- ple of this province, without transgressing the bounds of their own power, or invading the rights and pre- rogatives of the other branches of the government : And that they endeavor, that the body of the people be well acquainted with their natural and constitu-
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tional rights and privileges ; and the liberty, safety, peace and happiness which they will not fail to enjoy, while the General Assembly is protected in the due exercise of their rights and powers ; and the laws of the land have their free course, and are faithfully and impartially executed. This is our apprehension of the authority of government ; and it would be unpardonable in us ever to lose sight of it. If, in recommending the support of the authority of the government, it is intimated that the executive power is become weak and calls for the aid of the legis- lative, and that an ill temper and a factious spirit prevails in the province, so as to require severer methods, we can, with great satisfaction inform your Excellency otherwise. We assure you, that a dispo- sition in the people to yield all due obedience to his Majesty's authority and the laws of the province, renders it altogether unnecessary, that any extraordi- nary methods should be taken for that purpose. We cannot promise, that there will be no disagreement or diversity of sentiments in subjects which may come before the General Court : This is scarcely to be ex- pected in a free Assembly. In such cases, this House, as they ever have, will consider their own honor concerned, to debate with candor, and to de- cide with judgment. While the true end of govern- ment is kept in view and invariably pursued, in the several departments of it, the honor of the province and the welfare of the people will be maintained and promoted ; and there can be no room for dissatisfac- tion. Had your Excellency any command from his Majesty to lay before us, we should attend to it with the utmost loyalty and respect ; persuaded that our gracious sovereign will require nothing of us but what is just and wise. When you shall be pleased to communicate any thing to us, as a proposal of your own, we will duly consider its nature, importance and tendency ; and act agreeably to the best light of our own understanding."
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The dispute between the British government and the colonies, which had existed for nearly three years, with some occasional suspension, was still main- tained. And although, there had been some reasons for those, most desirious of a reconciliation, to in- dulge the hope of a speedy and permanent agree- ment, as to the rights and authority of each, there was nothing to justify such a belief, with the more intelligent politicians. The claims advanced on each side, with great pertenacity, could not easily be re- conciled : And there was no probability that either would yield. The wise and patriotic statesmen in England, who were attached to the principles of the constitution, and who were friendly to the best inter- ests both of Britain and America, openly condemned the policy which had been adopted for taxing the colonies ; and predicted the mischiefs which would ensue .* But a majority of those, who directed the affairs of government, had different views of the im- portance and strength of the colonies; and it was their policy to cherish the peculiar interests of Eng- land, and to consider their subjects in America as shut out from an equal share of attention from the parent state. The pride of opinion, too, probably, had an influence in confirming them in the system they had adopted. They assumed, without hesita- tion, the absolute supremacy of the British Legisla- ture ; and nothing was to be endured, which militat- ed with this favorite maxim. They might, indeed, in certain instances, relax in their measures, when found to be unattended with the advantages expect- ed to arise from them. And for these, they could claim the praise of a generous indulgence, while they still adhered to the principle of legislative om- nipotence, which was the foundation of all their des-
* Hon. T. Pownall, a few years before the governor of this province, as well as Mr. Pitt, was among those statesmen, who declared such opinions.
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potic proceedings. To this doctrine, the patriots of Massachusetts could not assent, but in a qualified and restricted sense, as has been before stated. Although they would not have kept alive the controversy with England for a mere claim, or declaration of supreme power in Parliament; yet, when such a power was attempted to be exercised, by enacting or executing oppressive laws, they were too true to themselves and to their posterity quietly to submit: And dis- posed, as they were, to assert and maintain their charter rights, agreeably to their wonted construc- tion of them, it was not to be expected, that com- plaints and opposition would wholly subside. A claim had been set up, by the parent state, which the people of the province disallowed; and neither the administration in England nor the General As- sembly of the province were prepared for a conces- sion, which would give satisfaction to the other. In obedience to instructions from the British ministry, the Governor was frequently making demands, with which the representatives of the people could not comply, without a criminal abandonment of their rights and liberties.
Besides, the subject was of such a nature, as to engage the attention of the greatest statesmen in England, either in favor or against the conduct of administration towards America: For it involved political principles highly interesting to all the sub- jects of the British Empire. If the people in the colonies could be taxed and governed by virtue of laws, in which they had no voice even by their rep- . resentatives, it might serve as a precedent for sub- jecting the people of England to statutes and orders passed by the king and his ministers, without the consent or knowledge of Parliament. This view of the question was taken, by several distinguished statesmen in Great Britain .*
* On the motion in Parliament to repeal the stamp act in February, 1766, Mr. Pitt said-" It is my opinion that this kingdom has no right
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In this state of public opinion in England, and with such a diversity of sentiment among the politi- cians there, it could not be otherwise, than that the conduct of administration should be vacillating and changeable : And that their policy, in some respects, would have the appearance of greater or less firm- ness in supporting a system for governing the colo- nies. The ministers, who in 1764, began the system of raising a revenue from America by taxes and im- posts, were opposed by a respectable minority, with- out particular regard to that part of their policy : So that, when complaints were made against them from the people in the colonies, there was a party in England ready to support the opposition, and to ex- ert themselves for a change of administration. The ministers, who succeeded, and discovered a more fa- vorable disposition towards the colonies, were not so firmly grounded in the public confidence even in England, as to effect or attempt all they desired ; or materially to change the policy of the parent govern- ment in regulating the American provinces. Indeed the opposition to them was very powerful whenever they proposed any relaxation of former severe mea- sures : Nor were they able to carry into effect the plan they had formed of taking off the restrictions on the trade of the colonies, of which their legislators and merchants had loudly complained ; and which operated as a severe check upon the enterprise and wealth, particularly, of the more northern provinces.
In 1766, an effort was made towards a thorough change of administration ; but without success. In 1767, a partial alteration was effected. But the op- posing parties were so nearly balanced, that nothing of a decisive character was accomplished. Thus an
to tax the colonies. We give and grant to his Majesty, the property of his subjects in America ! It is an absurdity. The Commons of America, represented in their several Assemblies, have ever been in the exercise of this their constitutional right of giving and granting their own money. And they would have been slaves, if they had not enjoy - ed it."
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opportunity was given, for the colonists to fortify their claims of exemption from the all-controling power of the parent government. Massachusetts availed her- self of this state of affairs ; and suffered no occasion to pass, without explaining and asserting the rights secured to the people by their charter, and enjoyed from the earliest settlement of the province. They continued to remonstrate against acts of Parliament, restricting their trade ; and declined raising money from their constituents, for the support of regular troops sent into the province, although the Governor had incurred the expense, in compliance with minis- terial instructions.
When it was pretended by the British ministers, as a justification of their measures, that our charter was granted by Parliament, and the infant settlement planted, and afterwards protected at their expense ; that the war then recently terminated, had been waged on our account; and that we ought in justice, and were fully able, to pay for the expenses of it : It was replied, that the charter and grant were from the King, and that he relinquished merely such title and claim as he might have to it, because of its dis- covery by Englishmen ; that our ancestors purchased the territory, from time to time, of the native pro- prietors of the country ; that the parent state never, as a government, was at any expense for its settle- ment, but that it was effected by the toil and pa- tience and sufferings of the settlers themselves ; that the war of 1756 was undertaken for the interest and extention of the British Empire ; that the people of the province were at the expense of a large army to assist the parent country, for which a heavy debt ex- isted against them, and in providing for the payment of which, the taxes would be very burdensome, with- out any additional assessment.
The patriots of Massachusetts gave a wakeful and constant attention to the laws of the British gov- ernment, and to the conduct of its ministers relating
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to America. They noticed the earliest measures of administration, which interfered with their ancient rights; and were the first to point out and remon- strate against the unconstitutional claims advanced, of regulating the internal affairs of the colonies. And it was not to be expected, that they would cease their opposition to Parliamentary legislation, so long as it was attempted to be exercised beyond the great principles of Magna Charta, or the express provi- sions of their own charter. In their efforts to defend the liberties of the American colonies, they were promptly seconded by the patriotic resolutions of some of the other colonial Assemblies. Virginia, Pennsylvania and New York, gave timely proof of their purpose to maintain their civil rights and priv- ileges. Determined, however, as was the Assembly of Massachusetts, to neglect no exertions for the support of freedom, on all these occasions of oppres- sion, from an arbitrary or mistaken ministry, they yet expressed the most loyal sentiments towards the King, and a readiness to submit to all constitutional acts of Parliament : and they were sincerely desirous of continuing their connexion with the parent state. A series of oppressive measures had, indeed, pro- duced a spirit of jealousy and discontent; and they had also learned that the British administration was not infallible. But had the government of England given up its policy of internal taxation in the colo- nies, and been satisfied with that degree of control exercised over them previously to 1764, the subjects of Great Britain on this continent would have long been quiet and obedient. The right of Parliament to regulate trade had never been directly called in question ; and while reasonable duties and imposts were demanded, would probably have been borne, without opposition. This power, even, might have been exercised in an unwise and oppressive manner, so as to injure the growth of the colonies: but was not a direct and absolute interference with the prop-
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erty they already possessed. They would have given up a lucrative branch of trade, or endured some restrictions on maritime adventures abroad, or denied themselves the use of some articles of foreign growth, for which they were liable to pay a heavy duty. But to have the property they had acquired, and the lands they had subdued, by labor and toil, subjected to a tax by persons in a distant country, wholly uninterested and ignorant of their situation, was a condition little removed from slavery, to which they were not prepared to submit. It were unrea- sonable then to look for a spirit of entire acquiescence and satisfaction in the colonies, so long as the British administration persevered in the new system of gov- erning America; and their friends now began to intimate that a military force was necessary to main- tain the authority of government. Direct internal taxation was not, indeed, resorted to: but new duties were imposed on trade, and a revenue was to be raised by taxing various articles of manufactures and produce, brought into the colony from other countries. And, what was yet more alarming, the military was to be augmented, to give greater strength to the executive power ; and many of the first officers in the province, it was proposed, should receive their salaries from the parent country; thus becoming wholly independent of the people whom they were to govern, and from whom, eventually, the revenue was to be derived for their support.
It was a great mistake in administration to employ a military force in the colonies, to aid in the execu- tion of the laws. Nothing short of an actual rebel- lion could justify such a measure. It served to irri- tate the people, and to destroy their confidence in the justice of the British government. The citizens of Massachusetts had always been distinguished for loyalty : and ministers should rather have suspected the justice and propriety of the regulations which they had adopted, than resorted to a remedy so
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liable to objections; and never to be used but in cases of absolute necessity. They had been deceived as to the character of the people, who were fully disposed to comply with all laws not evidently con- trary to the provisions of their charter, and to the principles of the British constitution; but whom threats would not deter from a resolute purpose to preserve their civil liberties. Their ancestors had hazarded every thing and suffered every thing in the cause of freedom. And the men of that age inherited a good portion of their noble spirit. Al- though they then sought not a political separation from Great Britain, they had probably already re- solved to maintain their liberties, whatever dangers might be involved in the contest. They were aware that a military force had been the usual instrument in the hands of despots, for enslaving their subjects : and that whenever they were beyond the direct con- trol of civil authority, law and liberty would be pros- trate. They endeavored, therefore, to prevent the stationing of regular troops in the province, by earn- est remonstrances, as well as by strong professions of loyalty to the King, and of a readiness to support the just authority of government. We shall see, that their apprehensions were too well grounded ; and that attempts were afterwards made, by the military, far removed from the immediate authority of the parent state, and not duly subject to the civil power in the province, to awe the people into submission to arbitrary and unjust statutes. An addition was made, in June, 1767, to the British troops, already placed at the castle, in the harbor of Boston ; and the Gov- ernor requested that provision be made by the Gen- eral Assembly for their support. The subject was referred to a very large committee : a proof that it was considered a matter of great concern by the representatives. It was many days under delibera- tion ; when it was resolved by the House, "that such provision be made for them, while they remain
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here, as has been heretofore usually made for his Majesty's regular troops, when occasionally in the province." The great caution, with which this re- solution was drawn, shews how reluctant they were, at having a military force placed in the province ; and how anxious they were not to compromise their legislative rights, nor to furnish a precedent for the repetition of such a dangerous measure, in future. It was by authority of the mutiny act, passed in the British Parliament, some time before, that the request was made for supporting the troops. But that statute provided merely for supplying them a short time, and while on their way to some fortress on the frontiers, where they were to be stationed. It was an abuse of the law, and in violation of the rights of the subjects, that ministers ordered troops to be permanently placed in the province, in the time of peace; and required that they should be supported by the people.
Another instance of the jealous care with which the representatives guarded their rights, occurs in their remonstrance against the conduct of the Gov- ernor; who, either from arbitrary views, or from a degree of inconsideration wholly inexcusable, inter- fered with the legislative authority of the Assembly, in dismissing agent JACKSON from their service. Mr. JACKSON had been in the agency two years ; and had before been employed as counsel by the other agent. The House were fully satisfied with the ability and zeal of DE BERDT, in this capacity : and although JACKSON was an able statesman, he was known to be a frequent correspondent of the Gov- ernor, and was suspected of having the same political views ; and therefore not so likely to represent faith- fully the sentiments of the patriotic party in the province. Whether their apprehensions were well founded, or not, they chose to dismiss him from the agency. The Governor would not give his consent, (which was necessary, as the appointment was by
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authority of the province) though repeatedly re- quested, both by the House and Council. And when, at length, after several applications, he reluctantly yielded to their wishes, he made it a condition, that the Assembly should make an honorable compen- sation ; and that it should be granted previously to his dismission. The House considered this an unjust interference with their peculiar powers, and an arbitrary dictating to them what they ought to grant on the occasion. Their address to the Gov- ernor will shew how tenacious they were of the rights of their constituents. "Your Excellency seems to be desirous of the release of Mr. JACKSON ; and it is surprising you should delay signing the vote for his dismission, especially when the sense of both Houses has been repeatedly declared. The Parlia- ment of Great Britain is the first great Council of the King and of the nation ; and no wise and virtuous prince has ever thought proper to act a counterpart to their unanimous advice. A proportionate degree of attention, on the principles of our excellent con- stitution, we have a right to expect. But you have been pleased to intimate the reason of your delay, by saying, that the House should consider that pay- ment and dismission ought to go together. This, we are constrained to say, implies a new and strange demand. If your Excellency intends to withhold your assent to the resolve of the two Houses, till we shall take into consideration an adequate reward to Mr. JACKSON for his services, we shall have just reason to complain of it as an unconstitutional exer- cise of your power, and in breach of the privileges of the House. It is the undoubted right of the House of Representatives to take their own time to transact any part of the public business; and in granting money, they are not to be controled. Your Excellency, in tacking together payment and dismis- sion, and intimating your expectation of our compli- and'e with the one, as a condition of your consenting
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to the other, gives us the idea of a composition, to which we are by no means inclined. You might as well, in our humble opinion, demand a certain sum, and that much beyond the merits of that gentleman's services in the estimation of the House, as a condition of your consent to his dismission. But however desirous we are, that this event may take place, we are not disposed to purchase it, at the expense of our privileges, as well as of our money. Your Excel- lency makes mention of the moderation and honor of Mr. JACKSON. It is enough that we preserve our own. We know that it belongs of right to a House of Representatives to be so far free and independent judges of the merit of the servants of this govern- ment, as to determine an adequate reward for their services, be they ever so important. When the demands of Mr. JACKSON shall come properly before us, we shall take care to do him strict justice."
A report of the General Assembly, made in June, 1767, respecting the conduct of this province to- wards the Indians is highly honorable to our ances- tors : and the statement is believed to be fully sup- ported by facts. It was prepared by a joint com- mittee of the Council and House of Representatives, on a message from the Governor communicating a letter from Secretary SHELBURNE, and making known his Majesty's pleasure, that his proclamation of a former date, relating to the Indian trade, be strictly observed. In the letter of the Secretary, he observes, that complaints had been made, from the Indians in some of the colonies, of encroachments on their lands, &c. "We are satisfied," say the House, " there are no complaints against this province by his Majesty's Agents for Indian affairs; and that no settlement has been made or attempted by us, with- out proper authority. It is with much pleasure, that we remind your Excellency, and inform the world, that greater care was taken of the Indians by our pious ancestors during the old charter, and by this
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government under the new, even to this day, than was ever required of us by the British government." They referred to a law made in 1633, by the colony of Massachusetts, to prevent all frauds and injustice in trading with the natives and purchasing their lands ; and to the early regard bestowed, in provid- ing instructers and ministers of religion and houses of worship for them : and to a subsequent act, which made it the duty of magistrates and jurors to see justice done them, by any who should commit tres- passes upon their property or lands. "The Indians," they add, " had perfect confidence in this govern- ment, and applied to it in all their difficulties. Nothing hath been omitted by the province, since 1633 to this day, which justice or humanity required, for their interest within this jurisdiction. We glory in the conduct of our government; we make our boast of it, as unexampled ; and we have been free and spontaneous on our part. We assure you, that, being animated by the same principles with our an- cestors, we shall do every thing which duty to the King and the maxims of good policy, of justice and equity to the Indians can require. And we persuade ourselves, you will make these representations to his Majesty and his ministers."
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