USA > Massachusetts > Middlesex County > Lexington > History of the town of Lexington, Middlesex County, Massachusetts, from its first settlement to 1868, with a genealogical register of Lexington families > Part 11
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The Charter of the Colony of Massachusetts, which was annulled in 1685, was restored by William and Mary in 1691, with several limitations ; the crown claiming the right to appoint the Governor, who should have a negative upon the Legislature. The Council, however, were to be chosen by the Legislature. Though this Charter did not restore to the people all the rights and privileges which they had formerly enjoyed, taken in connection with the arbitrary government of Andros, it contained some important provisions. The . people of New England, from the first, were in the habit of transacting all kinds of business in their town meetings. In those little democracies, they not only acted upon their muni- cipal affairs, but had been accustomed to discuss all public questions, and devise measures for the good of the Colony. These meetings had been suspended by Andros, who, judging correctly, considered them the great means of creating and keeping alive a thirst for independence. Though the first Charter did not in terms authorize the holding of such meetings for such purposes, it gave powers which almost necessarily implied it. But no such meetings were forbidden during the
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period which intervened between the annulling of the first Charter, and its restoration ; the Act of William and Mary revived these customs, and gave the royal construction in favor of what may be denominated the political rights of towns. This construction of the rights of the people will appear more important in the subsequent part of this narrative. Under this modified Charter, the General Court were to provide for the support of the Government, and the payment of its officers ; and to make these officers responsible to the people, they claimed the right of fixing their salaries annually, instead of establishing them by standing laws. This course involved the Colony in a controversy with the crown, which was renewed from time to time, for nearly forty years, when Governor Belcher prevailed upon the crown to accept the annual grant ; and so the controversy subsided, leaving the Colony victor in the field.
During the war between England and France for the con- quest of Canada, the controversy between the former and her colonies was in a great measure suspended ; though the attempts of Great Britain to quarter her troops upon the people, without the consent of their legislatures, kept them alive to a sense of their rights, and of the injustice of the parent country. But after the close of the war with France in 1763, the British Government turned their attention to the colonies, and attempted by various means to bring them to subjection. One measure was to make the judges dependent upon the crown alone ; thus making the judiciary the mere creature of the king, and a fit instrument by which to oppress the colonies, and so bring them to submission. This roused the indignation of the people, who plainly saw a settled purpose in Great Britain to reduce them to a state of vassalage.
But the darling policy of the Administration was to raise a revenue from the colonies. Various propositions were presented for some new and direct enactment, which would bear upon the. colonies, and do something to supply the British treasury. It was, however, thought best to revive and enforce some gen- eral existing law regulating trade, rather than adopt a special provision for America. An effort was consequently made to carry out this plan, and, to render it effectual, it was thought necessary to clothe the officers of the customs with full power
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and authority to call to their aid all the executive and judicial officers in the Colony. As Boston was the great mart of trade, and Massachusetts the most perverse Colony, it was deemed advisable to try the experiment there. In 1761, the officers of the customs applied to Hutchinson, who had been raised to the chief justiceship in Massachusetts, for " Writs of Assistance," to enable them to collect the duties upon various imported articles. The application was resisted, and the case argued before the whole court. Jeremiah Gridley appeared for the crown, and argued the necessity and legality of the writ; but when he had closed, James Otis, a man of ardent feeling, exalted patriotism, and thrilling eloquence, stepped forth in behalf of the colonists. "I am determined," said he, " to sacrifice estate, case, health, applause, and even life itself, to the sacred calls of my country, in opposition to a kind of power, the exercise of which cost one king of England his head, and another his throne." He then proceeded to point out the illegality and oppressive character of such a writ. He denounced it, "as the worst instrument of arbitrary power, the most destructive of English liberty and the fundamental principles of law." "No Act of" Parliament," said he, " can establish such a writ,; an Act of Par- liament against the Constitution is void."
The powerful and eloquent appeal of Otis awakened a feeling which had been slumbering in the breasts of the patriots of the colonies, and prepared the people for more active and efficient efforts in the cause of freedom. John Adams, who was present and listened to the argument and eloquence of Otis, declared " that from that time, he could never read the Acts of trade without anger, nor any section of them without a curse." The Court after some delay and consulting the English ministry, granted the writ, which greatly heightened public feeling, and prepared the people for more decisive measures. But the great cause of discontent was the enforcing of the Acts of trade by the Courts of Admiralty - courts entirely independent of the colonies, and depending upon the crown alone - courts in which all cases were decided without the intervention of a jury, and where the pleasure of the ministry was the paramount law.
While the publie mind in the colonies was thus agitated, and fears were entertained for the safety of their rights, the Board of
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Trade recommended, in 1763, the passage of an Act, requiring all the legal instruments in the colonies, including notes, receipts, orders, certificates, &c., to be written on stamped paper, upon which a duty should be imposed - the agents of the colonies in England partially assenting to the measure. On the arrival of this intelligence in America, the people of Boston and the Legis- lature of Massachusetts, ever alive to the rights of freemen, in their instructions to their agent in London, remonstrated against the threatened measure ; declaring, "that the silence of the Province should have been imputed to any cause, even to despair, rather than be construed into a tacit cession of their rights, or an acknowledgment of a right in the Parliament of Great Britain to impose duties and taxes upon a people, who are not repre- sented in the House of Commons." In the same instructions, they endorse the doctrine of Otis, " that the imposition of taxes, whether on trade or on lands, on houses or ships, on real or personal, on fixed or floating property in the colonies, is abso- lutely irreconcilable with the rights of the colonists, as British subjects or as men."
In 1765, the worst fears of the colonies were realized in the passage of the Stamp Act, and the adoption of other measures, designed to support the absolute supremacy of Parliament over them. And to insure the execution of these odious and oppres- sive acts, not only all the civil officers in the Colony were put in requisition, but the whole naval and military force, which was to be increased in America, was to aid in the support of these arbitrary measures ; and to render the pill more bitter, the people here were required to support the troops which were sent over to oppress them. And to render the tyranny absolute, all cases arising under these acts were to be decided in Courts of Admiralty, without the intervention of a jury, by a single judge, created by the crown, whose sole support was to be drawn from his share of the profits of his own condemna- tions.
Massachusetts took the alarm. Her people saw in this series of measures, a fixed and determined plan to reduce them to sub- jection, and to bring them to the foot of the throne. Governor Bernard, in his message to the Legislature, assured them that it was the duty and interest of the Colony to submit, for the law
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" would now be prosecuted to' its utmost completion ; " but the representatives of the people addressed letters to the other colo- nies, inviting them to choose delegates to meet in a General Congress at New York, to consult together on the affairs of the colonies. In the meantime the Stamp Act arrived in Boston, and Oliver, naturally odious to the people, was announced as the officer who was to receive and dispose of the stamps. The Act was universally condemned in Boston, " as arbitrary, unconstitu- tional, and a breach of the Charter." Oliver, the stamp officer, was hung in effigy. Hutchinson, the Chief Justice, ordered the sheriff to remove the image, but the people insisted that it should remain through the day. Governor Bernard summoned his Council, but a majority of them refused to interfere. The next evening, the image was taken down, placed upon a bier, carried down State street, directly by the Council Chamber, the multitude shouting at the top of their voices, "Liberty, Property, and no Stamps." They then proceeded to Kilby street, where they demolished a frame, which it was said Oliver was erecting for a stamp office, and with the fragments of the frame made " a funeral pyre for the effigy in front of his house on Fort Hill." . A few evenings after, the mob assembled near the old State House, scized and burnt the records of the Admiralty Court, and afterwards assaulted the house of the Comptroller of Cus- toms, and of the Chief Justice, who had rendered himself extremely odious to the people. The demonstration was so strong that Oliver was induced to resign his office, and the stamps were left in the hands of the Governor. Never had the feelings of the people of Boston and vicinity been wrought up to such a pitch ; for though the sober part of the community condemned the assault upon the house of the Comptroller and of the Chief Justice, they were willing to have such a manifestation of public sentiment as should render the execution of the oppres- sive law impracticable. The press and the pulpit spoke out in language not to be misunderstood. The patriotic Mayhew preached to a large audience from the text - " I would that they were even cut off, which trouble you ; for, brethren, ye have been called to liberty ;" in which he set forth the importance of civil and religious freedom, and the duty of the people to maintain their just rights by all suitable means.
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The General Congress which convened at New York, put forth a declaration of sentiments, dwelling mainly upon the inherent right of trial by jury, in opposition to the extension of Admi- ralty jurisdiction ; and the right of exemption from taxation, except through their respective colonial legislatures. This doc- trine being avowed by a General Congress, tended directly to unite the different colonies, and so prepare them for the great struggle which was approaching. On the very day of the adjournment of Congress, the Legislature which first proposed that assembly, convened at Boston, and in reply to Governor Bernard, asserted a doctrine in relation to the power of Parlia- ment, from which the Colony never receded. "The Charter of the Province," they declare, "invests the General Assembly with the power of making laws for its internal government and taxa- tion ; that there are certain original, inherent rights belonging to the people, of which Parliament cannot divest them ; among these is the right of representation in the body which exercises the power of taxation ; that there is a necessity that the subjects in America should exercise this power within themselves, for they are not represented in Parliament, and such a representa- tion is deemed impracticable."
While these doctrines were advocated in Massachusetts by James Otis, Samuel Adams, and their associates, and in several of the other colonies by some of their purest patriots and wisest statesmen, they also found able advocates in Great Britain. Pitt, Barre, Burke, and others connected with the government, pleaded the cause of liberty in the British Parliament, with such distinguished ability and force of argument, that the ministry, fearing the strength of the opposition at home, and the resistance of their subjects in America, consented to the repeal of the Stamp Act. Thus was Great Britain completely foiled in her first attempt at raising a revenue in her colonies, to sustain her burdened treasury. The repeal of the Stamp Act produced a general rejoicing in the colonies. The Legislature of Massachu- setts passed an Act remunerating those who had suffered in the destruction of their property in attempting to execute the Stamp Act. But with characteristic wisdom, they were careful to state in the bill itself, that the sufferers had no just claim, and that
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the relief was granted of "their own good will," and not from deference to any " requisition made upon them."
In the meantime the ministry were devising measures of tax- ation in the shape of duties upon imports into the colonies. In the debates upon the Stamp Act, a distinction had been taken between internal and external taxation. It was maintained by the opponents of the Stamp Act, that it related to the internal trade of the colonies, and was a proper subject to be regulated by local law. The ministry thought to avoid this objection by imposing a duty upon imports, which related to foreign com- merce - to the general subject of trade. But the colonists were not disposed to acquiesce in any such distinction. Seeing the new attempt of Parliament to subject them to taxation, the people of Boston in town meeting assembled, resolved that they would not import British manufactures or other merchandise on which duties were imposed. The Legislature of Massachusetts, led on by that distinguished and far-seeing patriot, Samuel Adams, forwarded instructions to their agent in Great Britain, to be communicated to the ministry, in which they embodied their fixed and unchangeable opinions. They renewed their former declarations, that Parliament had no right to tax the colonies ; and they further declared that the creation of new crown officers, and the sending of a standing army to be quartered upon the people, were in fact introducing an absolute government into the colony, which would lead to the most dan- gerous consequences ; for they add significantly, "the laws of God and nature are invariable." They also addressed a circular to the other colonies, setting forth their common grievances, and asking their cooperation in all such measures as may be found necessary for the maintenance of their rights as freemen.
Governor Bernard, with all his professions, was a deadly enemy to the Colony. For while he was pretending to be friendly to the people, and was assuring them of his cooperation and aid in all their efforts to obtain their rights, he was writing to the ministry, representing the Colony in a state of rebellion, and urging upon them the necessity of sending over a naval and military force to reduce them to subjection. In May, 1768, the Romney, a ship-of-war, arrived in Boston harbor from Halifax, being sent at the suggestion of Bernard, and at the request of
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the Commissioners of Customs, to awe the Bostonians into sub- mission. To strengthen his crew, and to show his entire disre- gard of the feelings of the people, and the rights of the colonists, the commander forcibly and insolently impressed New England seamen to serve on board his ship. He also seized a merchant ship belonging to John Hancock, and anchored her under the guns of his vessel. This created intense feeling among the inhabitants. A town meeting was called, and a committee of twenty-one was chosen to wait upon the Governor, and present an address to the citizens, in which they claimed for the Colony the sole power of taxation. At the same time they condemned in strong terms, the practice of impressment, and demanded the removal of the Romney from the harbor. The town also declared and put on record, their irrevocable determination to assert and maintain their dear and invaluable rights and liberties, at the utmost hazard of their fortunes and their lives. At the same time, they expressed their readiness to maintain loyalty and submission to Great Britain in all things necessary to the preser- vation of the whole empire.
In the midst of this excitement, Governor Bernard laid before the Legislature a letter from the British ministry, calling upon them to rescind their Resolutions denying the power of Par- liament to tax the colonies ; and also to recall their Circular addressed to the other colonies, asking their cooperation and support in defence of their just rights. This presented a more direct and important issue than had ever before been made. Here was an express requisition made upon the Legislature, and it must be met at once. Under the guidance of Samuel Adams, who was ever ready to meet any emergency, an answer was returned to Lord Hillsborough, justifying the course of the Legislature, and refusing to retrace their steps. This bold and independent measure was sustained by the House with great unanimity, there being but seventeen against the measure, and ninety-two in its favor. When the Governor was informed by a message from the House, that they had refused to rescind, and had affirmed their former doings, trembling with fear, he first prorogued, and then dissolved the assembly.
Massachusetts was now without a Legislature. The people had no intention to begin a rebellion - they intended to act only
16
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on the defensive. They knew their rights, and were determined to maintain them at every hazard ; but, at the same time, they intended to act with prudence. Massachusetts had not only the consciousness that she was in the right, but that she had the sympathy, and in an emergency, should have the aid and support of her sister colonies.
In the autumn of 1768, hearing that three regiments of troops were to be sent to Boston to reduce them to a state of subjection, and the Legislature having been dissolved by the Governor, the people requested him to order a new election. On hearing of the refusal of Bernard to call a new Legislature, the people of Boston repaired to Faneuil Hall, that cradle of American Liberty, and resolved, "That the inhabitants of Boston will at the utmost peril of their lives and fortunes, maintain and defend their rights, liberties, privileges and immunities ; and that money cannot be granted, nor a standing army kept up in the Province, but by their own free consent." They also unanimously requested the selectmen to wait upon the clergymen of the town, and request them to set apart the following Tuesday as a day of fasting and prayer. The request was cheerfully complied with, and the day was kept in a solemn manner. In this way the sacred sanctions of religion were brought to bear upon the civil policy of our fathers, and hence they asserted their rights, not simply as patriots who owed a debt to their country, but as Christians who were under obligations to their God.
Shortly after, a Convention of the Province assembled at Boston to consult upon the public safety. One of their first acts was to petition the Governor to summon a constitutional Legislature, to prevent the encroachments of the military upon the civil power. The Governor not only refused to receive their petition, but admonished the Convention to separate, as they should "repent of their rashness." The Convention, however, continued in session six days, and repeated the protest of the Colony against taxation by Parliament, and against a standing army quartered among them. There were many in the Province, and foremost among them was Samuel Adams, who saw that a collision of arms was inevitable. But it was desirable to unite all the people in the Colony, and also to secure the sympathy and assistance of the other colonies. The cause was one, and all
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had a common interest in the result ; and so all must be induced, if possible, to act together. To secure this, it was essential that wise and discreet measures should be adopted. On this ground, prudence and a strict adherence to law, were strongly enjoined. Adams, though firm as a rock, and fearless in the hour of danger, was at all times cool and collected, and knew when to arouse, and when to soothe public feeling. Patriotism with him was a religious sentiment ; and though he had a zeal of God, it was always according to knowledge. He knew that it would be madness for the citizens of Boston to provoke an encounter with the King's troops, which were about to be landed among them ; but he knew that by holding the military to a strict legal account, and keeping it subordinate to the civil power, the force would be of but little utility to the crown ; and would, in fact, do but little towards enforcing the arbitrary commands of the treach- erous Governor.
A few days after the adjournment of the Convention, a squadron from Halifax, with two regiments of troops and a company of artillery on board, arrived in the harbor of Boston. The selectmen being called upon to provide quarters for the troops, taking the advantage of an Act of Parliament, refused to grant them " till the barracks were full," at Castle William. The Governor's Council also insisted upon this pro- vision of law, and refused to furnish quarters. They also refused to provide supplies of provisions and fuel without the consent of the Legislature, which had been dissolved by the Governor himself. Thus was the treacherous Bernard caught in his own toils. He was greatly perplexed in providing for the troops he had secretly called for; to send them down to the Castle, as Fort Independence was then called, would be removing them too far from the point where he wished to station them, that they might awe the people into submission. Great efforts had been made, both in England and in this country, to have Otis, Adams, and other leading patriots, sent to Great Britain to be tried for their lives. But after all the endeavors of the corrupt and deceitful Bernard, and the administration at home, it was decided by the law officers of the crown, that their acts did not constitute treason, the only crime which by the statute would justify their being brought to England for trial.
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The people of Boston were encouraged to persevere in their resolution not to import dutiable articles. Many of the towns in the Province adopted resolutions, assuring the citizens of the metropolis that they would aid them in carrying out that policy. The people of Lexington as we have already seen, deelared in 1769, that they would drink no more tea till the unconstitutional revenue Act should be repealed. Such assurances from every quarter gave the people of Boston great courage, and induced them to persevere. Boston being the seat of oppression, was of course the first to complain -the first to speak out - the first to act. And they performed their part nobly. But at the same time, it should be understood that the patriots of Charlestown, of Roxbury, of Cambridge, of Salem, and we may add of the towns generally, counselled with the patriots of Boston, and whatever was done at Boston, was sustained by the people in the interior. The people in the country followed the town of Boston, not merely because Boston had acted, but because she had acted on the general policy, and carried out the great princi- ples to which all the people, both in the town and in the country, had assented.
In 1769, Bernard being notified of his recall, convened the newly chosen Legislature, that they might appropriate his salary before he left. But the Legislature, true to the interests of freedom, even before electing a Clerk or a Speaker, complained to the Governor that " the armament by sea and land in the port and at the gates of the city, during the session of the Assembly," was an indignity to the Legislature. Bernard in reply deelared that he had no authority over his Majesty's troops ; whereupon they deelare by way of rejoinder, that a standing army, uncon- trollable by the civil authority of the Province, was dangerous to liberty and inconsistent with the spirit of a free constitution. The Governor however adjourned the Legislature to Cambridge, that they need not be overawed by the presence of the troops ; and his great object being to obtain his salary, he urged the appropriation upon the House ; but that body instead of granting it, directly refused, and petitioned the crown for his removal from the government. They also affirmed their former doctrine in relation to taxation, and declared that " the establishment of a standing army in the Colony in time of peace,
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