USA > Massachusetts > The history of Massachusetts, the provincial period. 1692-1775 v. II > Part 24
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47
Mr. Bernard, the successor of Pownall, had previously served as governor of New Jersey, and was therefore somewhat ac- quainted with the spirit of the people. His advancement to Massachusetts was esteemed a reward for his former fidelity ; Aug. 4. and, upon his arrival, he was received with the respect due to his office. In his first address to the General Court, which was convened shortly after, he expressed his intention to pre- serve the privileges secured by the charter ; and, in a subse- Sept.26. quent specch, he hinted at the " blessings of their subjection to Great Britain." The House, in their replies, joined in extol- ling the " happiness of the times ; " but, instead of acknowledg- ing their " subjection " to Great Britain, they contented them- selves simply with expressing their "relation" to that country. Yet the English constitution they unanimously applauded - an instrument which, in the estimation of the wisest, " approached perfection," and of which their own was held to be a " copy," or rather " an improvement, with additional privileges," which were not enjoyed by the masses in England.2
1 Minot, ii. 62-65. uel Adams, quoted in Bancroft, iv. 16, 2 Blackstone's Commentaries, b. i. 378; Hutchinson, iii. 83; Minot, ii. 76, 77.
c. i. § 5, note 12; Writings of Sam-
257
THE WORK OF ABUSE.
The conquest of Canada left England at liberty to listen CHAP. once more to the artful insinuations of "insubordination " IX. which were spread abroad by the enemies of America. Indeed, 1760. from almost every quarter it was urged that "North America could never remain long subject to Great Britain." "It is no gift of prophecy," it was said ; " it is a natural and unavoida- ble consequence, and must appear so to every one whose head is not too much affected with popular madness or political enthusiasm."1 "For all what you Americans say of your loyalty," was the declaration of Pratt, afterwards Lord Cam- den, in conversing with Franklin, "I know you will one day throw off your dependence upon this country, and, notwith- standing your boasted affection to it, will set up for independ- ence." "No such idea," was the prompt reply, "is entertained in the minds of the Americans ; and no such idea will ever enter their heads, unless you grossly abuse them." "Very true," was the rejoinder ; " that is one of the main causes I see will happen, and will produce the event." 2
The work of "abuse " soon began ; and in Massachusetts its progress was signally marked. For a long time two parties had existed in the province- the party of freedom and the . party of prerogative. At the head of the latter were such of the wealthy as hoped, by complaisance, to share the royal favor ; leagued with the former were the sagacious and elo- quent champions of the people. Two of these characters merit particular notice because of their prominence. Thomas Hutch- inson, a native of Massachusetts, and a descendant of Mrs. Anne Hutchinson, was the leader of the royalist party, and held the office of lieutenant governor. Gifted by nature with respectable talents ; plausible, influential, and of a grasping ambition, he had, from his entrance into public life, participated largely in political movements ; by a long course of training
! Weare's Lett. in 1 M. H. Coll. i.
2 Gordon's Am. Rev. i. 97 ; Quin- 72, 76; Almon's Anecdotes, in Ban- cy's Life of Quincy, 269. croft, iv. 365.
VOL. II. 17
258
CHARACTER OF HUTCHINSON.
CHAP. he had acquainted himself thoroughly with the questions of IX. the day ; and, foreseeing the advantages which obsequiousness 1760. would secure him, he had devoted himself zealously to the sup- port of the prerogative. A lover of money and a lover of place, he sacrificed the nobility of his nature to acquire and enjoy wealth, and became the flatterer of every one he imagined could forward his interests. Even his professions of piety were a courtly pretence ; and, though not wilfully dishonest, his conscience had the peculiar elasticity which distinguishes the demagogue, and which knows how to equivocate, to con- ceal, and to deceive. He was as sincere in his patriotism as any one can be who sacrifices his country for personal aggran- dizement; and, though not devoid of good qualities, though active in business and remarkably polite, his whole nature was corrupted with disingenuousness. Had he written his "His- tory of Massachusetts " alone, - an admirable work and a monument to his genius,1 - he would have been entitled to great credit, for it is certainly worthy of high commendation ; but his unfortunate " Letters," designed only for private circu- lation, but which were discovered and published, stripped from his face the disguise he had borrowed, and exposed to the pub- lic his glaring insincerity.2
Born 1725. 1743. 1746.
James Otis, the opponent of Hutchinson and the champion of liberty, was a native of Barnstable, and a graduate of Har- vard. At the age of twenty-one he commenced practising law
1 Relative to the History of Hutch- inson, I find the following passage in his Corresp. vol. ii., forming part of a letter dated January 3, 1763. " I design to carry down Mr. Prince's Chronology, and, as Bishop Burnet did, write the history of my own times. I shall paint characters as freely as he did; but it shall not be published while I live; and I expect the same satisfaction which I doubt not the bishop had, of being revenged of some of the r-s [rascals]. After I am dead, I wish you may have the pleas-
ure of reading it." This passage has had the pen passed through it; but it doubtless expresses the views of Gov- ernor Hutchinson, and shows that the third volume of his History, at least, which was not published until after his death, was written under the influ- ence of partisan feelings, for which due allowance must be made in its perusal.
2 On these letters, see Franklin's Works, vol. iv., and the notes of Mr. Sparks.
259
CHARACTER OF OTIS.
in Plymouth, in the old colony ; but two years after he moved CHAP. to Boston, where the brilliancy of his talents and his reputa- IX.
tion for integrity won for him at once an enviable fame, so 1748. that his services were sought in cases of the greatest impor- tance. Sincerely devoted to the cause of his country, keenly alive to the indignities it had endured, and anxious to distin- guish himself as the advocate of its rights, he had resented the slight which had been put upon his father, who had been prom- ised a judgeship by Shirley upon the occurrence of a vacancy, and who, upon the death of the venerable Sewall, applied for 1760. the office, but was rejected by Bernard in favor of Hutchinson. As yet no opportunity had occurred for the display of his zeal, nor had he evinced the statesmanship for which he afterwards became famous ; but he was known as an orator of superior powers, and, from his ardent enthusiasm and the largeness of his heart, great hopes were formed of his future career.1
Nor were Hutchinson and Otis the only noted men of the day ; for on the side of the royalists were Andrew Oliver, the brother-in-law of Hutchinson, and a man of like principles ; the talented Gridley, a lawyer of learning, majestic in his man- ner, and at the head of his profession ; Timothy Ruggles, a - man of quick apprehension, and lordly in his manners, yet dis- tinguished for the boldness and strength of his thoughts. And on the side of the people were Samuel Adams, regarded by some as " the father of the revolution," a man of unquestionable devotion to liberty, " of steadfast integrity, exquisite humanity, genteel erudition, engaging manners, real as well as professed piety, and a universal good character ; " 2 the elder Otis, speak- er of the House and a distinguished politician ; Oxenbridge Thacher, a lawyer of merit, and respected for his learning, though somewhat eccentric ; James Bowdoin, subsequently gov- ernor of Massachusetts, distinguished for his learning, his
1 On Otis, see Tudor's Life of Otis ; 2 John Adams, Diary, in Works, Allen's and Eliot's Biog. Diction's; ii. 163.
Hutchinson, iii. 86 et seq.
Sep. 11.
260
ACCESSION OF GEORGE III.
CHAP. courtesy, and his address ; and Thomas Cushing, calm yet con- IX. stant in his devotion to freedom, and famed for his secrecy and 1760. his talent at procuring the earliest intelligence.
The age called for great men, and great men appeared. Whenever special instruments are required in a country, God raises them up; and, as the battles of freedom were to be fought on these shores, and a new empire was to grow out of the violence of the old world, he imparted the courage which shrinks from no danger, the patriotism which threats cannot terrify nor blandishments seduce, the chivalrous virtue which sacrifices ease and personal security for the benefit of others, the fidelity to principle which falters not in its path, and the heroic spirit which never quails. It was by men of such tem- per that the colonies were prepared for their freedom. They were found, not only in New England, but in New York, and at the south. In all British America union of feeling began to spring up ; and, as the meshes of tyranny were drawn closer and closer, and escape seemed impossible, the resolute clad themselves in the panoply of war, and the gauntlet of defiance was thrown at the feet of the king and his ministers.
Oct. 25.
The death of George II., and the accession of George III., mark a new era in the history of the colonies. Already were rumors in circulation of the " fixed design in England to re- model the provinces ; "1 and many officers of the army expressed openly the opinion that " America should be compelled to yield a revenue at the disposition of the crown." 2 Such proposals could not but awaken resentment ; and the feeling was ex- pressed, " These Englishmen will overturn every thing. We must resist them, and that by force." 3 Nor was the character of the new monarch, then but twenty-two years of age, such as to inspire the hope that, under his reign, the affairs of the provinces would be less rigorously conducted. True, Ingersoll, of Connecticut, who was present at his coronation, carried
1 John Adams's Works, iv. 6, 7.
3 John Adams's Works, iv. 6. Bancroft, iv. 371.
261
THE NEWS REACHES BOSTON.
away by the general enthusiasm, described him as "not only, CHAP. as a king, disposed to do all in his power to make his subjects IX. 1760.
happy," but as " undoubtedly of a disposition truly religious." 1 This was before the arbitrariness of his disposition had had time to develop itself; for the ruling idea, indelibly branded in his mind, was the restoration of the prerogative, which, in America, the provincial assemblies had resisted and defied. " The young man is very obstinate," was Charles Townshend's judgment; and facts soon verified the correctness of that judgment.2
The news of the demise of George II. reached Boston in the winter ; 3 and soon after events occurred significant in their Dec. 17. influence upon the liberties of America. The reduction of Canada, it was hoped by the people, would free them from the presence of a formidable enemy, and enable them to "sit quiet under their own vines and fig trees, with none to molest or make them afraid." 4 Satisfied, generally, with the government under their charter, notwithstanding its defects, and sincerely attached to the English constitution, no people were more loyal than the inhabitants of the colonies. Undoubtedly there were some who had figured to themselves, in the distant future, an American empire of unlimited extent and unparalleled gran- deur ; but, while the French held possession of a large portion of the continent, the people, as a whole, were content with their present condition, and would probably have continued so had they been left undisturbed. When the French were subdued, a new scene opened. It was foreseen by English as well as by colonial statesmen that the pleasantness, fertility, and plenty of the country, washed by the Atlantic for over two thousand miles on its coasts, and communicating with a region of exu-
1 Bancroft, iv. 385. Franklin, also, in 1769, speaking of George III., says, " I can scarcely conceive a king of better dispositions, of more exemplary virtues, or more truly desirous of pro- moting the welfare of his subjects."
Works, vii. 440, ed. 1840.
2 Bancroft, iv. 386, 387.
· 3 Boston Gazette for Jan. 1, 1761 ; Hutchinson, iii. 88.
4 Walpole's George III. ii. 70; Hutchinson, iii. 84.
262
VIEWS OF THE PEOPLE.
CHAP. berant fertility by vast lakes and many navigable rivers,1 would IX. naturally invite, and that there was nothing to obstruct, a
1760. gradual progress of the settlements, already extensive, through- out the continent, from the Atlantic to the Pacific. The pop- ulation of the colonies was rapidly increasing, and the number of inhabitants doubled once in about twenty-five years. In less than a century, therefore, if not within half that time, there would be " more people in America than in England ; " 2 and would a body so numerous and hardy, "accustomed to more than British liberty," with whom the " leaven of independency " was thought to be " irradicable," perpetually submit to foreign domination, without a thought of bettering their condition by " setting up for themselves" ? These considerations, indeed, did not of themselves "immediately occasion any plan " to se- cure "independency ;" but they " produced a higher sense of the grandeur and importance of the colonies," and broader views of the destiny to which they might attain ; and minds accustomed to reflection could not long resist the impulse which such thoughts inspired. Hence, every where, "men were led to inquire, with greater attention than formerly, into the relation in which the colonies stood to the state from which they sprang ;" and, from various events, they were “ prepared to think more favorably of independency, before any measures were taken with a professed design of attaining it."
1733.
One of these events was the opening of the drama which soon after followed. By an act of Parliament of the 6th of George II., a duty of sixpence per gallon was imposed upon all foreign molasses imported into the colonies ; and in case of forfeiture, one third part went to the king for the use of the colony where the forfeiture was made, one third to the gov- ernor, and one third to the informer. This act had been in force for nearly thirty years ; large sums had been forfeited under it ; and illegal abuses had been committed in the disposal
1 Weare's Lett. in 1 M. H. Coll. i. 72.
2 Weare, in 1 M. H. Coll. i. 71; Grahame, ii. 363.
263
TRIAL OF THE REVENUE OFFICERS.
of the fines. The officers of the customs, distinguished for CHAP. their rapacity, and zealous to meet the approval of the minis- IX. try, began to be more vigorous in enforcing the law ; and, as it 1760. had ever been odious, their conduct was resented, their pro- ceedings were scrutinized, and their authority was questioned. A petition for a hearing was presented by several merchants ; the committee reported in their favor, and both branches of the legislature sanctioned their report. The officers of the customs appealed to the governor, and the resolution of the House was negatived. A conference ensued, and the governor acquiesced in the resolution. Immediately an action was brought by the treasurer of the province, and a plea in abate- ment was made by Mr. Paxton. This plea was overruled in the Inferior Court ; but, on the appeal, it was sustained by the Superior Court, and judgment was rendered against the treas- urer.1
This triumph of the officers prepared them to take stronger grounds ; and, as they had been accustomed, under color of the law, forcibly to enter both warehouses and dwelling houses, upon information that contraband goods were concealed in them, one of their number petitioned the Superior Court for writs of assistance to aid in the execution of his duty. Excep- tions were taken to this application, and James Otis desired a time might be assigned for a hearing. His request was grant- ed ; and, on the day fixed, Thomas Hutchinson, the new chief justice, with his four associates, sat in the crowded council chamber of the old town house, in Boston, for the trial of the cause. 2
The case for the crown was opened by Gridley, as the king's attorney, and the legality of the writ was learnedly maintained. " The statutes of the 12th and 14th of Charles II., and the 6th
' Hutchinson, iii. 89-92 ; Minot, ii. 80-87. Hutchinson says the cause was " feebly supported " by the plain- tiffs.
2 Hutchinson admits that the au-
thority under which the officers acted in these cases was " assumed," and that the warrants which the governor had been accustomed to issue were " of no value." Hist. iii. 92, 93.
1761. Feb.
264
SPEECH OF THACHER.
CHAP. of Anne," - such was his plea, - " allow writs of assistance to IX. be issued by the English Court of Exchequer ; the colonial law 1761. of the 2d William III., chapter 3, devolves the power of that court on the colonial Superior Court; and the statutes of the 7th and 8th William III. confer upon colonial revenue officers the same powers as are exercised by the like officers in Eng- land. To refuse, therefore, the writ of assistance, even if the common privileges of Englishmen are taken away by it, is to deny that the Parliament of Great Britain is the sovereign legislature of the British empire." 1
Oxenbridge Thacher rose to reply ; and his argument evinces his wisdom and learning. "The material question which claims our attention," said he, "is whether the practice of the Ex- chequer is good ground for this court. The court itself has renounced the chance of jurisdiction which the Exchequer had in cases where either party was the king's debtor ; and why depart in the present instance ? Besides, in England, all infor- mations of uncustomed or prohibited goods were in the Ex- chequer ; so that the custom house officers were the officers of that court, under the eye and discretion of the barons, and accountable for wanton abuses of power. The writ now prayed for is not returnable. If the seizures were so before their hon- ors, and this court should inquire into them, they would often find a wanton exercise of power. In England, the officers seize at their peril, even with probable cause." 2
James Otis appeared for the inhabitants of Boston; and his speech created an unusual excitement. " I am determined," was his avowal, " to my dying day to oppose, with all the powers and faculties God has given me, all such instruments of slavery, on the one hand, and villany, on the other, as this writ of assistance is. I argue in favor of British liberties, at a time when we hear the greatest monarch upon earth declaring from his throne that he glories in the name of Briton, and that
1 Hutchinson, iii. 94; Minot, ii. 88; Bancroft, iv. 414, 415.
2 Minot, ii. 90, 91.
265
SPEECH OF OTIS.
the privileges of his people are dearer to him than the most CHAP. valuable prerogatives of his crown. I oppose the kind of IX. power the exercise of which, in former periods of English his- 1761. tory, cost one king of England his head and another his throne. Let the consequences be what they will, I am determined to proceed, and to the call of my country am ready to sacrifice estate, ease, health, applause, and even life. The patriot and the hero will ever do thus ; and if brought to the trial, it will then be known how far I can reduce to practice principles which I know to be founded in truth.
" Special writs may be legal ; and the Court of Exchequer may grant such, upon oath made before the lord treasurer by those who solicit them. The act of 14 Charles II. conclusively proves this. On this ground the present writ, being general, is illegal. Every one, with this writ, may be a tyrant ; and if this commission be legal, a tyrant, in a legal manner, may also control, imprison, or murder any one within the realm. Again, the writ is perpetual. No return is to be made ; and he who executes it is responsible to no one for his doings. He may reign secure in his petty tyranny, and spread terror and deso- lation around him until the trump of the archangel shall excite different emotions in his soul. Besides, the writ is unlimited. The officers may enter all houses at will, and command all to assist him. Nay, even his menials may enforce its provisions. And what is this but to have the curse of Canaan with a wit- ness upon us ? - to be the servant of servants, the most despi- cable of God's creation ?
" The freedom of one's house is an essential branch of Eng- lish liberty. A man's house is his castle; and while he is quiet, he is as well guarded as his prince. This writ, if de- clared legal, annihilates this privilege. Officers and their menials may enter our houses when they please, and we can- not resist them. Upon bare suspicion they may institute a search. And that this wanton exercise of power is no chimera facts fully prove. Reason and the constitution are both
-
266
SPEECH OF OTIS.
CHAP. against this writ. The only authority that can be found for . IX. it is a law enacted in the zenith of arbitrary power, when Star
1761. Chamber abuses were pushed to extremity by some ignorant clerk of the Exchequer. But even if the writ could be else where found, it would be illegal. No act of Parliament car establish such a writ. Though it should be made in the very words of the petition, it would be void ; for every act against the constitution is void." 1
The audience listened with breathless interest to the stream of eloquence which, for over four hours, poured from the lips of the gifted orator. " Otis," says Adams, who was one of his hearers, " was a flame of fire. With a promptitude of classica allusions, a depth of research, a rapid summary of historica events and dates, a profusion of legal authorities, a prophetic glance of his eyes into futurity, and a rapid torrent of impet uous eloquence, he hurried away all before him. American independence was then and there born. Every man of al immense, crowded audience appeared to me to go away, as .. did, ready to take up arms against writs of assistance." 2 The sketches of his speech which have been preserved give but al imperfect idea of its volume and meaning. It was an unwrit ten performance, and not easily reported, for the sympathy of his hearers was carried with his theme. Yet the fragments w possess are certainly powerful ; and we can form some concer tion of the impression the whole must have made. The ver May. same year the orator was chosen a representative from Boston In the estimation of Hutchinson, he was the " great incendia ry " of New England ; in the estimation of the people, he wa the guardian of their rights. The inhabitants of Boston wer alive with excitement. Never before had their feelings beer so stirred ; never before had a more vital question been dis cussed in their presence. John Adams, borne away by th occasion, felt the spirit of resistance welling up in his breast
1 For this celebrated speech, see Adams, App. 523, 524. Minot, ii. 91-99; Diary of John 2 Allen's Biog. Dict. art. Otis.
267
CHANGE IN THE MINISTRY.
and from that time forward he could never read the Acts of CHAP. Trade without anger, "nor any section of them without a IX. 1761. curse." 1
Yet the eloquence of Otis did not carry the day. The old members of the Superior Court and the "friends of liberty " inclined to his side ; but the plausible Hutchinson, determined not to yield to the pressure of public opinion, " prevailed with his brethren to continue the cause to the next term, and in the mean time wrote to England " for definite instructions. The answer was in his favor ; and when it came, notwithstanding the charge of illegality was untouched, writs of assistance were granted by the court whenever the revenue officers applied for the same.2
Before the controversy was renewed, an ominous change took place in the ministry. Pitt, the "great commoner," re- signed his office, and the Earl of Egremont became his suc- Oct. 2. cessor.3 The king, bent on securing "to the court the unlim- ited and uncontrolled use of its vast influence, under the sole direction of its private favor," 4 was seconded in his purpose by the Earl of Bute, his obsequious friend and willing tool. Pitt was in the way of the accomplishment of this object. His unyielding integrity would stoop to no chicanery. Confiding in his own judgment, and relying too much, perhaps, on its fal- lible dictates, he was unwilling to listen to the suggestions of others ; and, by taking decided ground in opposition to the wishes of the court, he provoked the enmity of those who envied his abilities and hated him for his firmness. His place was no longer desirable, and he surrendered the seals into the hands of the king. The friends of Bute wished him "joy of being delivered of a most impracticable colleague, his majesty
1 Novanglus, App. 269 ; Bancroft, iv. 218.
2
Hutchinson, iii. 96; Bancroft, iv.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.