USA > Massachusetts > The history of Massachusetts, the provincial period. 1692-1775 v. II > Part 27
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290
OPPOSITION OF BERNARD AND HUTCHINSON.
CHAP. cause, - that, during this interval, the pen of his excellency, as X. well as that of Mr. Hutchinson,1 had been busily employed in
1764. fomenting the evils which existed, and that, by his misrepresen- tations and his impeachment of the loyalty of the province, he was responsible in a measure for encouraging the scheme which the ministry was persistently pressing upon Parliament. There were many things in his conduct which were displeasing to the patriots of the province. His sympathies were with the court, not with the people; and the motives to induce him to side with the former were far more powerful than any expectations of advancement from the latter. To minds of his cast, the prospect that the struggle would terminate adversely to Eng. land was exceedingly doubtful ; and he had no hesitation in. abiding the issue. But he was soon made sensible that, with whatever meekness his sway had been thus far submitted to there were bounds which it would be unwise to transgress. Hence, at the opening of the court, aware of the odium which attached to his proceedings, he had not the courage to persist, in his interference, but contented himself with recommending! unity in their counsels, and prudence and moderation in the measures they should adopt.2
The action of the House was at first undecided. The wishes of the people had been distinctly expressed ; but where sc much was at stake, caution was advisable. The stillness which portends the earthquake reigned. Yet the deep under current of popular feeling urged the representatives on ; and, setting aside private business, the House went into a committee of the whole to consider the letters which had been received from
1 Hutchinson draughted a long pa- per on the claims of the colonies ; and in a letter, of July 23, to a friend in England, he says, " If I have any where expressed myself with too great freedom, I know you will not suffer it to do me any prejudice. I desire to avoid publicity, and to do nothing out of character. If that i. 32, 33.
were out of the question, yet I could wish it so disguised as to be supposec to come from some other colony rath- er than from Massachusetts. What ever you do, I hope you will not let it be known that they come from me.' MS. Corresp. ii. 99. 2 Hutchinson, iii. 112; Bradford
291
ADDRESS TO THE HOUSE OF COMMONS.
their agents in England ; and an address to the king was pre- CHAP. pared by a committee, of which Otis was chairman.1 The tone X. of this address was displeasing to the Council, and it was op- 1764. posed. Mr. Hutchinson was at the bottom of this opposition ; 2 Oct. 22. and, after a conference, an address to the House of Commons was agreed upon, and prepared by a committee of both branch- es of the court. The tone of this address was much milder than that to the king. Nothing was said of the right of Par- liament to impose a tax, nor of the intention of the people to evade its operation ; but, after setting forth in general terms the objections which had been urged against the sugar act and the stamp act, it concluded with a prayer for further delay, and for a continuance of the privileges which had been hitherto enjoyed, without which their condition would be deplorably wretched.
Aware of the feeling against him in America, Mr. Hutchin- son was indefatigable to prevent misapprehension of his posi- tion in England ; and, though he seems to have wavered between patriotism and loyalty, - between devotion to his own country and servility to the crown, - he had decided, on the whole, to side with the oppressors. By taking this course, his ambition whispered to him there was a reasonable chance of his elevation to the chief magistracy, should any thing occur to occasion the removal of Governor Bernard. This was the elevation to which he aspired ; and hence the duplicity of his conduct was thinly veiled by an outward profession of attach- ment to liberty.3
1 Mass. Rec's ; Jour. H. of R. for 1764, p. 102; Mass. Gazette for Mar. 14, 1765.
2 "I desire, as long as I live," wrote Hutchinson, March 16, 1765, MS. Corresp. ii. 132, " to promote entire concord and harmony, and to prevent unreasonable and intemperate zeal against the powers without. This may be thought, from a short and imperfect view, to betray diffidence
and want of spirit ; but stay till you see the consequences, and you will determine it to be well-judged cau- tion and prudence. The misfortune is, the imprudence of particular gov- ernments will probably bring down destruction upon their neighbors, as well as themselves."
3 I am fully aware that there are difficulties in forming a correct esti- mate of the character of Hutchinson.
292
ACTION OF PARLIAMENT.
CHAP. X. But if the action of Massachusetts was less decided in this trying hour than might have been expected, the zeal of her 1764. citizens was soon inflamed to a still higher pitch ; and, upon the receipt of the addresses from New York and Virginia, whose resolute tone strikingly contrasted with their own mod- est address, the demand for stronger measures became so urgent that the appeal could be no longer resisted.1 The 1765. Jan. action of Parliament was likewise calculated to rekindle strife. Grenville, who had postponed his scheme of taxation for a season, now came forward prepared to urge it "upon the most general and acknowledged grounds of whig policy." 2 The Jan. 10. king, at the opening of the session, presented the American question as one of "obedience to the laws and respect for the legislative authority of the kingdom;" and the Lords and Commons, in their reply, declared their intention to pursue every plan calculated for the public advantage, and to proceed
It would be easy to quote passages from his correspondence in which lib- eral sentiments are candidly express- ed, and it would be equally easy to quote passages betraying a want of confidence in such sentiments, and a decided leaning towards arbitrary measures. His position was peculiar. On the one hand, his social relations inclined him to espouse the cause of his country ; on the other, his cau- tiousness whispered to him that per- haps his political interests would be better secured by a little reserve, and that it would be more prudent to ap- pear willing to acquiesce in the meas- ures of the ministry than to express dissent from them. The following passage, from a letter dated April 26, 1765, in MS. Corresp. ii. 136, may give some clew to his motives. " Some men," says he, " it is most evident, of both sides, have not a spark of public spirit, and see the public interest rise or fall with no other pleasure than as their own particular interest is con- cerned; and as a bad man of an en- terprising genius can always serve
himself at the expense of the public, ' he will never fail doing it unless he ; finds the temporal advantage will be more than balanced by his particular share of the damage that will accrue to the public." With this conjoin the saying of Lord Bacon : " All rising to great place is by a winding stair ; and if there be factions, it is good to side a man's self whilst he is in the rising, and to balance himself when he is placed."
1 Hutchinson, iii. 115. "The acts of Parliament have made such impres- sions on the minds of the northward people, and the men-of-war so steadi- ly enforce them, that there is an en- tire stagnation of trade. Nothing do they talk of but their own manufac- tures, the downfall of England, and the rise of America ; as if, in a little time, we should be able to supply our- selves with most of the necessaries we used to take from England." Extract from letter from Virginia, in Mass. Gazette for Jan. 10, 1765.
2 Bancroft, v. 229.
293
THE FIFTY-FIVE RESOLUTIONS.
therein " with that temper and firmness which will best concil- CHAP. iate and insure due submission to the laws, and reverence to X. the legislative authority of Great Britain."1 The prospect 1765. of carrying his favorite measure was exceedingly gratifying to the feelings of the chief minister ; to the remonstrances of the agents of the colonies a deaf ear was turned ; and, seconded Feb. 2. by Townshend, Jenyns, and others, a series of resolutions, fifty- five in number, was proposed to the committee of ways and Feb. 5. means, embracing the details of the contemplated stamp act.2 The opponents of the resolutions were comparatively few ; 3 yet their names are worthy of perpetual remembrance. Beckford, Conway, Jackson, and Barré were the principal speakers ; and to two of these, Conway and Barré, the thanks of the province were afterwards tendered.4 But their eloquence was of no avail. The resolutions were carried by an overwhelming majority of five to one, and the triumph of the ministry was emphatic and complete.5
The very next day orders were issued to Grenville and his Feb. 6.
1 Debates in Parl. iv. 244-246 ; Aikin's Anns. of George III. i. 39.
2 Walpole's George III. ii. 68; De- bates in Parl. iv. 250; Bancroft, v. 236. " The colonies, in truth," says Walpole, " were highly alarmed, and had sent over representations so strong against being taxed here, that it was not thought decent or safe to present their memorial to Parliament."
3 " We hear that at the debate in the House of Commons, when the re- solves passed, not a man spoke who did not declare his opinion that the American people ought to be taxed ; nor would any one introduce a peti- tion which should impeach the right of Parliament. Even the most inter- ested, and those who are of the oppo- sition, all refused to present such a petition." Mass. Gazette for April 4, 1765.
4 Walpole's George III. ii. 67 ; Providence Gazette of Aug. 14, 1765 ; Conduct of the late Admin. examined,
30. The speech of Barré was exceed- ingly spirited. Townshend had said that the American colonies were plant- ed by the care, nourished by the in- dulgence, and protected by the arms of England ; to which Barré replied, " They planted by your care ! No ; your oppressions planted them in America. They nourished up by your indulgence ! They grew by your neg- lect of them. They protected by your arms! They have nobly taken up arms in your defence. And believe me, the same spirit of freedom which actuated that people at first will ac- company them still." Mass. Gazette for May 30, 1765. For further par- ticulars relative to the correspondence between the General Court and Barré see Drake's Boston, 704. An expres- sion used by Barré in his speech fur- nished to the province the motto of " the Sons of Liberty."
'Aikin's George III. i. 40.
294
THE STAMP ACT PASSED.
CHAP. associates to "bring in a stamp bill for America ; " and six X. days after the bill was ready. It was read the first time with- 1765. out debate, and petitions against it were rejected.1 Two weeks Feb. 27. later the bill passed the Commons; early in the following Mar. 8. month it was agreed to by the Lords ; and a fortnight later it Mar.22. received the royal assent by a commission, his majesty being ill and unable to sign it. Thus, at a time when the light of rea- son was obscured in the head of the nation, was the measure adopted which laid the foundation of the American revolution.2
The tidings of the passage of this act gave great dissatisfac- tion. Mr. Hutchinson, it is true, still held a seat in the Council, and exerted an influence upon public affairs. But his former popularity was daily declining, and his influence was destined to be counteracted in a way little agreeable to his feelings.3 The message of the governor, at the opening of the General Court, took no notice of what he knew must be upper- most in the minds of a majority of the representatives ; 4 but the House was not daunted, and, at the instance of Otis, voted June 6. at once that it was expedient there should be a "meeting, as soon as convenient, of committees from the Houses in the sev- eral colonies, to consult together on their present circumstances, and the difficulties to which they were and must be reduced
Conduct of the late Admin. ex- amined, 8; Mass. Gazette for May 23, 1765.
2 Supp't Mass. Gazette for May 16, 1765 ; Walpole's George III. ii. 82 ; Hutchinson, iii. 116, 117; Minot, ii. 200 ; Bancroft, v. 243-248.
3 " The ministry," says Hutchinson, in speaking of this act, MS. Corresp. ii. 135, April 9, 1765, "may obtain applause, and the nation be amused a little while by this measure; but I think there is danger that the discour- agements, discontents, and dissatisfac- tion to the mother country, which will be caused in many of the colonies, will eventually more than balance all the profit that will ever be received from taxes," &c. Yet afterwards he wrote,
June 4, 1765, in ibid. 139, "The stamp act is received among us with as much decency as could be expect- ed. Hitherto I have endeavored to state the case of the colonies in the most favorable light, always with sub- mission to the supreme authority. It is now become my duty, as an execu- tive officer, to promote the execution of the act and to prevent any evasion, and I hope there will be as little room for complaint from this as from any colony.". Again, June 5, ibid. 140 : " The act will execute itself, and there is no room for evasion; and if there was, I am sure the executive court would show no countenance to it."
4 Jour. H. of R. for 1765, p. 11.
295
THE MUTINY BILL.
by the operation of the late acts of Parliament." This meet- CHAP. ing was proposed to be held on the first Tuesday of October ; X.
and circular letters were drawn up to be sent as far south as 1765. South Carolina. The opposition of the governor and of Mr. Hutchinson could not check these proceedings, and they were compelled to acquiesce in them with the best grace they could.1
It was the intention of Grenville, in the execution of the new act, to " begin with small duties and taxes, and to advance in proportion as it should be found the colonies would bear ; "2 but his colleagues were urgent for the adoption of additional measures, and, in particular, insisted that the mutiny act should be extended to America, with power to billet troops on private houses. To this Grenville would not consent. Yet the bill passed ; and the colonies were required, at their own expense, to furnish the troops quartered upon them by Parliament with fuel, bedding, utensils for cooking, and various articles of food and drink. To take off the edge from this bill, bounties were granted on the importation of lumber and timber from the plantations ; coffee of domestic growth was exempted from additional duty ; and iron was permitted to be carried to Ireland.3
1 Jour. H. of R. for 1765, 108, 109; Mass. Gazette for Aug. 29, 1765; Hutchinson, iii. 118; Minot, ii. 203-207; Bradford, i. 54; Ban- croft, v. 279. The committee to write to the other colonies consisted of Samuel White, James Otis, and - Lee ; and on the 20th of June, James Otis, Timothy Ruggles, and Oliver Partridge were chosen delegates to the congress. On the 24th, Mr. Cush- ing, of Boston, Captain Sheafe, and Mr. Gray were chosen to draught a letter to the agent in England, which was done. Jour. H. of R.
2 Hutchinson's Letter of April 9, 1765, in MS. Corresp. ii. 135; Ban- croft, v. 248.
Chatham Corresp. iii. 192, 208; Acts Geo. III. c. xlv .; Supp't to Mass. Gazette for June 6, 1765 ; Ban- croft, v. 248-251. Hutchinson was
one who was confident that the stamp act would execute itself; but he after- . wards wrote, Aug. 16, 1765, in MS. Corresp. ii. 145, " I made a poor judg- ment when I wrote you last, and find I promised myself what I wished rath- er than what I had reason to expect. I am now convinced that the people throughout the colonies are impressed with an opinion that they are no longer considered by the people of England as their fellow-subjects, and entitled to English liberties ; and I expect some tragical event in some or other of the colonies, for we are not only in a deplorable situation at pres- ent, but have a dismal prospect before us as the commencement of the act approaches. If there be no execution of it, all business must cease ; and yet the general view is, it cannot be car- ried into execution."
June S.
296
RESISTANCE TO THE STAMP ACT.
CHAP. X. But the stamp act itself was the principal grievance ; and it soon became evident to all who had flattered themselves it 1765. would be peacefully executed that they had entirely mistaken the temper of the colonists, and, from their former submission, had too hastily concluded that they would continue to submit. Nor was the policy of Grenville, of selecting the officers who were to execute the act from among the Americans themselves, more fortunate. It was well known that enough could be found who were ready to barter their liberties for office ; and such were held in deserved execration. True, the agents of the colonies were invited to make the nominations, and, as a minor evil, in most cases did so ; nor did any of them, not even Franklin, express their belief that the act would be resisted.1 Otis had said, " It is our duty to submit to all acts of Parlia- ment ; " but he qualified this statement by adding, that all acts contrary to the constitution were null and void, and conse- quently not binding even if sanctioned by Parliament.2 The General Court, too, in one of its addresses, while they " humbly apprehended " they might " propose their objections," acknowl- edged " their duty to yield obedience to the act while it con- tinued unrepealed." 3 But public opinion cannot always be hemmed in by conventional restraints ; and the outbreak which followed was as spontaneous as it was unexpected.
1764. Nov. 3.
1765.
May 29.
A general determination was early evinced to prevent the execution of the stamp act at all hazards. Virginia was the first to "ring the alarm bell ; " but her resolves were so point- ed that some pronounced them treasonable.4 The newspapers vindicated them ; and, the tide of opinion suddenly changing, in the end they were applauded as worthy of imitation.5 The
1 Conduct of the late Admin. ex- inson's Hist. iii. 119; Debates in Parl. amined, 13-18.
2 Bancroft, v. 250-252.
3 Conduct of the late Admin. ex- amined, 17.
4 Hutchinson's Lett. of Aug. 15 to the Sec. of State, and to Pownall of July 19, in MS. Corresp. ii .; Hutch-
iv. 308; Conduct of the late Admin. examined, 26, 71, 93, 94. A copy of the Virginia resolutions was transmit- ted to the ministry so early as the 27th of July. Conduct of late Admin. examined, 20.
5 Says Hutchinson to Pownall, July
297
OLIVER HANGED IN EFFIGY.
names of the stamp distributors had been pubilshed in Boston CHAP. by Jared Ingersoll, of Connecticut, who had just arrived from X. England ; and it was found that Andrew Oliver, the brother-in- 1765. law of Hutchinson, was appointed for Massachusetts. Imine- Aug. 8. diately " the decree seemed to go forth that Boston should lead the way in the work of compulsion." 1
A change in the ministry had taken place in England ; and July 8. William Pitt had been again called to office.2 The birthday of the Prince of Wales was kept as a holiday ; and the crowd Aug.12. that assembled on the occasion, as they kindled their bonfire in King Street, rent the air with tumultuous shouts of "Pitt and liberty." It was welcome news to all that one in whom they trusted as the friend of the colonies had been restored to power ; and, such was the impulse given to the " Sons of Lib- erty," they would rest satisfied with nothing short of some signal demonstration of their feelings. It was at once con- perted, therefore, to hang in effigy the obnoxious distributor of stamps ; and on the morning of Wednesday, the fourteenth of August, the inhabitants of the southerly part of the town, as Aug.14. they passed to their business, saw suspended from the out- stretched limb of a majestic elm, long known as the "Liberty Tree," 3 an effigy of Oliver,4 tricked out with the emblems of
0, 1765, in MS. Corresp. ii. 143, Upon the first arrival of the stamp ct, our political heroes seemed to be ilenced, and acknowledged the ad- lress or petition from the province, which had been much exclaimed gainst, was right and well judged; ut, encouraged by Virginia, they be- ;in to open again, and yesterday we lad published a piece as full of rant s any which had preceded it." Comp. Debates in Parl. iv. 311, 312.
1 765.
Letter of Gage to Conway, Sept.
duct, &c., 17; Walpole's George III. ii. 163; Mass. Gazette for Aug. 29, 1765.
3 This tree stood at the corner of Es- sex and Washington Streets ; and the Hon. David Sears has erected upon its site a splendid building, known as the "Liberty Tree Block," on the front of which is a representation of the tree in bass-relief.
4 The effigy of Oliver was prepared by the mechanics of Boston, viz., Ben- jamin Edes, Thomas Crafts, John Smith, Stephen Cleverly, John Avery, Jr., Thomas Chase, Henry Bass, and Henry Welles. Gordon's Am. Rev. i. 175; Diary of John Adams, in
2 The intention of removing the ld ministry was declared in the mid- lle of May, and the new administra- ion came into office in July. Con- Works, ii. 175; Drake's Boston, 695.
298
OLIVER HANGED IN EFFIGY.
Aug.14.
CHAP. Bute and Grenville.1 The news spread like wildfire ; and X. thousands collected to gaze on the spectacle. Hutchinson, as 1765. the chief justice, ordered the sheriff to remove the images ; bu the people interfered, expressing their determination to have them remain until evening. Governor Bernard summoned his Council to meet in the afternoon ; but what could they do ? A majority was opposed to taking any action ; and the minority was compelled to submit.
Towards evening the excitement increased, and the images were taken down, placed upon a bier, supported in processior by six men, and followed by an " amazing multitude " through the streets to the town house. Here the crowd paused directly under the council chamber, and shouted at the top of their voices, " Liberty, property, and no stamps !" Three cheers were then given ; and the crowd moved on to Kilby Street, to Oli ver's Dock, where a building was demolished which, it was supposed, had been erected for a stamp office. The fragment: of this building were carried to Fort Hill, and a bonfire was - made of them in front of Oliver's house, upon which the images were burned.2
The spirit of resistance was fully aroused, and the cry of the south was echoed at the north. "The stamp act shal never be executed here," was the determination of the people " All the power of Great Britain shall not compel us to sub mit to it." " We will die on the place first." " We will spend our last blood in the cause." "The man who offers a stamped paper to sell will be immediately killed." 3 It was to no pur pose that Hutchinson directed an alarm to be sounded, and the
1 Bute, "the favorite," had been frequently burned in effigy in England, under the emblem of a jack-boot - a pun upon his name as John, Earl of Bute. To the jack-boot in these burn- ings it was not unusual to add a pet- ticoat - a further compliment to the Princess Dowager of Wales. Such bonfires of the jack-boot were renewed
during several years, both in England! and America, as tokens of hostility to the court. Lord Mahon's Hist. Eng v. 25.
2 Mass. Gazette for Aug. 19, 1765 Supp't, and for Aug. 22.
3 Hutchinson's Narr. in MS. Cor resp. ii .; Conduct of the late Admin examined, 27.
-
299
PROCLAMATION OF THE GOVERNOR.
military to be mustered, for " the drummers were in the mob." CHAP. Nor did his appearance in person, with the sheriff at his heels, -
X. cause the crowd to disperse. "Stand by," was the watchword ; 1765. and the baffled chief justice was compelled to flee. An hour before midnight the throng repaired to the residence of the governor, and, after three cheers, quietly dispersed.1
The next day a proclamation was issued by the governor, Aug.15. offering a reward for the discovery of the offenders ; 2 but no one was disposed to act as informer, and, if any were seized, the prisons," said Mayhew, "would not hold them many hours." " We have a dismal prospect before us," said Hutch- nson ; and he advised that a larger watch should be set at light ; but the motion was opposed, and the ordinary watch vas not increased. "If Oliver had been found last night," aid Bernard ruefully, "he would actually have been mur- hered ;" and Oliver himself inclined to the same opinion. It vas plainly intimated that, if he did not resign his office before ight, his house would be pulled down about his ears ; and, horoughly convinced that it would be best to yield, he signed paper expressing his willingness to throw up his commission. This satisfied the crowd, and at night a bonfire celebrated heir victory.3
For a short time there was quiet. But at length the dis- rust of the people fell upon Hutchinson ; and, twelve days fter Oliver had been hanged in effigy, the crowd assembled to Aug.26. ay him a visit. "He is a prerogative man," was the general y. "He grasps all the important offices in the state." "He imself holds four offices, and his relatives six or seven." "He ad a principal hand in projecting the stamp act." 4 Such
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