USA > Massachusetts > The history of Massachusetts, the provincial period. 1692-1775 v. II > Part 28
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1 Hutchinson's Lett. of Aug. 15, in S. Corresp. ii. ; Hutchinson's Hist. 120; Conduct of the late Admin. amined, 99-101.
2 This proclamation is given in cake's Bost. 696, note.
Hutchinson's Lett. of Aug. 16, in 3 S. Corresp. ii. 145, and Hist. iii.
121; Conduct of the late Admin. &c. 101; Debates in Parl. iv. 313-316. .
4 That Hutchinson stood ready to execute the stamp act, if he did not approve its passage, is evident from his letter of June 4, 1765, which has been already quoted.
300
HUTCHINSON'S HOUSE ATTACKED.
CHAP. outcries wrought upon their inflammable spirits, and prepare X. them for deeds of greater violence. Their first act was t 1765. enter the office of Mr. Story, the deputy registrar, opposit the north side of the court house, and burn the records of th Vice Admiralty Court ; next they ravaged the house of Mr Hallowell, the comptroller of the customs, situated on Hanove Street ; and then, hastening to the residence of Hutchinson, il Garden Court Street, and barely giving his family time t escape, they split open the doors of his palatial mansion, de stroyed his furniture, scattered his plate, threw his books and manuscripts into the streets, ransacked his wine cellar, and a daybreak left his house a ruin.1
Governor Bernard was at the Castle when these events od curred ; but, hastening to town the next day, he summoned th Council to meet immediately to decide what should be done Before that body met, the inhabitants of Boston assembled i Faneuil Hall, and, deprecating the violent proceedings of th previous night, a series of resolutions was passed, desiring th selectmen to suppress the like disorders in the future, an pledging the assistance of the people in the discharge of thi duty. The Council advised a proclamation, offering a rewar of three hundred pounds for the detection of the ringleader; and one hundred pounds for other persons, and six or eigh were apprehended ; but the attempt to arrest one Mackintosh in King Street, was resisted, and those who had been seize were speedily liberated. The popular excitement was suc that nothing could be effectually done, and the governmer was shorn of its usual strength. Few even of the conservativ citizens sympathized with the legislation which had awakene this resentment, and few were disposed to interrupt the cours of events. Only so much restraint was therefore exercised a to prevent the passions of the multitude from overleaping al
1 Hutchinson's Lett. of Aug. 30, in MS. Corresp. ii. 146, and Hist. iii. ; Boston News Letter for Sept. 3; Con-
duct of the late Admin. &c. 102-104 Debates in Parl. iv. 316-318.
301
CHANGE IN THE MINISTRY.
bounds, and many rejoiced that the abettors of oppression had CHAP. been signally rebuked.1 X.
Sept. 9.
Shortly after the attack upon the house of Mr. Hutchinson, 1765. news arrived that another change had taken place in the min- istry, the Rockingham whigs having been elevated to power.2 Great was the joy awakened by these tidings ; and the hope was cherished that, as the new cabinet contained some friends to America, a repeal of the stamp act might be effected.3 " If Astræa were not fled," said Mayhew, " there might be grounds for the hope."4 But little could be gained by waiting in silence for the repeal. Something must be done to show that the colonies were in earnest in their resistance ; that the out- break which had just passed, if it was an cbullition of pas- sion, was also an indication of the determination of the people not to submit to the obnoxious act ; and that, if no open coun- tenance was given to the doings of an excited populace, it was not because the prudent thought or felt differently, but because, conscious of the justice of their cause, they were more disposed to rely upon an appeal to Parliament, by showing that the act, if persisted in and enforced, would be as pernicious to Great Britain as to America.
In accordance with these views, in all the colonies, from Georgia to New Hampshire, the same spirit of opposition was manifested as in Massachusetts. The stamp distributors and
1 Conduct of the late Admin. &c. 28; Mass. Gazette for Aug. 29, 1765. "The colonists," says Hutchinson, MS. Corresp. ii. 90, " like all the rest of the human race, are of different spirits and dispositions ; some more alm and moderate, others more vio- ent and extravagant; and if now and hen some rude and indecent things re thrown out in print, in one place nd another, I hope such things will lot be considered as coming from the olonists in general, but from partic- lar persons, warmed by the intem- erate zeal, shall I say? of English-
men, in support of what upon a sud- den appear to them to be their rights." This passage was penned more than a year before the attack upon his house, and shows how he could then apolo gize for the warmth of his country- men.
2 Mass. Gazette for Sept. 26, 1765 ; Hutchinson, iii. 128; Bradford, i. 66; Lord Mahon's Hist. Eng. ; Bancroft, v. 296-306, 316.
3 For an account of the ceremonies on this occasion, see Drake's Boston, 703.
4 Quoted in Bancroft, v. 316.
302
MESSAGE OF BERNARD TO THE GENERAL COURT.
CHAP. inspectors, in Connecticut, Rhode Island, New York, and a X. the south, by the "unconquerable rage of the people," wer 1765. compelled to resign.1 Not one was permitted to hold offic
- quietly. At all hazards it had been determined to resist th act. If the question was asked, " What will you do after th first of November ?" the reply was, " We shall do as before. " Will you, then," it was inquired, "set at defiance the Parlia ment ?" " We are ready," it was answered, "to submit t constitutional laws ; but the stamp act is against Magn Charta ; and Lord Coke says, an act of Parliament agains Magna Charta is for that reason void." 2
Nor were the statesmen of the province idle. The Genera Sep. 25. Court had been prorogued to the last week in September, & which time the governor, in his message, after alluding 1 the late acts of violence, and to the declarations of the pe ple that the stamp act should never be executed, called upc both houses to support him in the exercise of his authorit The law, he observed, might be inexpedient ; yet it could no be denied that Parliament had the right both to pass and 1 enforce it ; and he cautioned them against denying this righ lest such denial should injure their own interests, and prever the repeal of the act. The alarming consequences of a refusa to submit were also set forth ; and, while he insisted that the submission alone would be insufficient without the concurren( of the people, he advised them to acquaint themselves we with the exigencies of the times, and to endeavor to persuac
1 John Adams's Diary, in Works, ii. 154; Hutchinson, iii. 128; Ban- croft, v. 316, 322. "The people," wrote J. Adams, in the following De- cember, "even to the lowest ranks, have been more attentive to their lib- erties, more inquisitive about them, and more determined to defend them, than they were ever before known or had occasion to be ; innumerable have been the monuments of wit, humor, sense, learning, spirit, patriotism, and
heroism, erected in the several col nies and provinces in the course ( this year. Our presses have groane our pulpits have thundered, our legi latures have resolved, our towns ha voted ; the crown officers have eve: where trembled, and all their litt tools and creatures have been afra to speak and ashamed to be seen."
Hutchinson, MS. Corresp. i Bancroft, v. 323.
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303
VIEWS OF JOHN ADAMS.
their constituents to yield. For this purpose he proposed to CHAP. give them a recess ; but the House would ask for no recess, X.
and two days after the governor adjourned the court to the 1765. last week in October.1
Sep. 27.
Already had John Adams, through the medium of the press, expressed the convictions of his honest heart. "There seems to be," said he, "a direct and formal design on foot in Great Britain to enslave all America. Be it remembered, liberty must at all hazards be defended. Rulers are no more than attorneys, agents, and trustees for the people ; and if the trust is insidiously betrayed, or wantonly trifled away, the people have a right to revoke the authority that they themselves have deputed, and to constitute abler and better agents. We have an indisputable right to demand our privileges against all the power and authority on earth." 2 Braintree, his native town, passed, at his instance, a series of resolves, instructing their Sep. 24. representatives in relation to the stamps. These resolves were published ; and such was their spirit that they rang through the whole province, and forty towns, at least, adopted them in substance as instructions to their representatives.3 Boston had previously expressed its abhorrence of the act as " contrary to Sep. 12 the British constitution," and "contrary to the charter of the and 18. province and the rights of mankind." 4 The voice of a kinsman of Adams spoke in these words ; and Samuel Adams, who " felt
1 Jour. H. of R. for 1765, pp. 117- 123, 129; Mass. Gazette Extra for Sept. 26, 1765; Hutchinson, iii. 129, 130, and App. C .; Bradford, i. 68. ; The right of the Parliament of Great Britain to make laws for the American colonies," said the governor, " howev- r it has been controverted in Amer- ca, remains indisputable at Westmin- ter. If it is yet to be made a ques- ion, who shall determine it but the Parliament ? If the Parliament de- lares that the right is inherent in hem, are they likely to acquiesce in n open and forcible opposition to the xercise of it? Will they not more
probably maintain such right, and sup- port their own authority ? Is it in the will, or in the power, or for the interest of this province, to oppose such authority ? If such opposition should be made, may it not bring on a contest, which may prove the most detrimental and ruinous event which could happen to this people ?"
2 Bancroft, v. 325.
3 John Adams's Works, ii. 152, 153. The instructions of other towns are given in Mass. Gazette for Oct. 1. and 24, 1765.
4 Mass. Gazette for Sept. 19, 1765; Bradford, i. 66, 67; Bancroft, v. 329.
304
CONGRESS AT NEW YORK.
CHAP. an ambition of doing something extraordinary," acted as the X. scribe of the people, and gave utterance to their thoughts
1765. Oct. 24. Oct. 29. Hence, when the court met, after its adjournment, the answe: Oct. 28. to the message of his excellency was ready ; and, five day; after, a series of resolves, fourteen in number, was passed which were ordered "to be kept in the records of this House that a just sense of liberty, and the firm sentiments of loyalty may be transmitted to posterity." 1
Oct. 7.
Earlier in the month a congress of delegates from the differ ent provinces had assembled in New York, at which resolution: were passed, based upon the inalienable rights of man, and al address to the king, a memorial to the House of Lords, and : petition to the House of Commons were draughted and signed by the "commissioners, or the major part of them, who were instructed for that purpose." 2 The proceedings of this body were cautious and respectful, yet decisive and firm. The ton of its papers was certainly mild, displaying no spirit of rash ness or innovation ; and there was little in either of them to which exception could be taken. The memorialists, indeed, claimed an exemption from all taxes except such as wer imposed by the legislatures of the respective colonies ; but, a the same time, they frankly affirmed that "they esteemed thei:
1 Mass. Gazette for Oct. 31 and Nov. 14, 1765 ; Jour. H. of R. for 1765, 151-153; Hutchinson, iii. App. E. ; Bradford's State Papers. Samuel Adams was elected at this time to rep- resent Boston in the place of Oxen- bridge Thacher, deceased; and it was by him, probably, that the address of the House to the governor was penned. 2 The provinces represented in this congress were, Massachusetts, Rhode Island, Connecticut, Pennsylvania, Maryland, Delaware, New Jersey, New York, and South Carolina. New Hampshire, though unrepresented, agreed to abide by the result ; and Georgina sent for a copy of their pro- ccedings. Virginia and North Caro-
lina were not represented. Pitkir 130, 136; Mulford's New Jersey 368; Story's Comm. i. 175 ; Bancroft v. 334. Gage, speaking of this con gress, says, " Those who compose i are of various characters and opinions but in general the spirit of democrac. is strong among them, supporting the independence of the provinces as no subject to the legislative power off Great Britain. The question is no. of the inexpediency of the stamp act but that it is unconstitutional, and contrary to their rights." Gage to Conway, Oct. 12, in Bancroft, v. 342 The names of the members are giver in Dunlap's N. Y. i. 416, note.
305
COURSE OF THE MINISTRY.
connection with and dependence on Great Britain as one of CHAP. their greatest blessings, and apprehended the latter would X. appear to be sufficiently secure when it was considered that 1765. the inhabitants in the colonies had the most unbounded affec- tion for his majesty's person, family, and government, as well as for the mother country, and that their subordination to Parliament was universally acknowledged." 1
The ministry, in the mean time, had been informed of the " riots " in Massachusetts and elsewhere ; and, reluctant to co- erce, they shrank from enforcing at the point of the sword the law which a part of them in their hearts disapproved. Hence, just one day before the adjournment of the congress at New York, and one week before the stamp act was to go into Oct. 24. effect, orders were sent to the American governors, and to General Gage, recommending "the utmost prudence and len- ity," and advising a resort to " persuasive methods." 2
The first of November dawned upon the province ; and it Nov. 1. found the people ready and determined to nullify the stamp act. In Boston, the bells of the churches tolled its knell ; minute guns were fired ; the vessels in the harbor displayed their colors at half-mast ; and children in the streets, catching from their elders the word as it passed round, swelled the chorus, and shouted wildly, "Liberty, property, and no stamps !"3 It
1 Trumbull MSS. ii. 64; Lett. of Gov. Fitch, of Connecticut, dated Nov. 13, 1765 ; Mass. Gazette for March 20, 1766; Hutchinson, iii. App. 479- 188; Bradford, i. 55-60; Lord Ma- on's Hist. Eng. v. 126; Bancroft, v. 334-345. Two of the delegates - Timothy Ruggles, of Massachusetts, nd Joseph Ogden, of New Jersey - efused to sign the address and me- horials; and the former was censured y his constituents on his return, and he latter was hanged in effigy by the eople. The report of the proceed- igs of the congress was approved by le Massachusetts House of Repre- ntatives on the 2d of November. our. H. of R. 164. For Ruggles's VOL. II. 20
reason for dissenting from the action of the congress, see Mass. Gazette for May 1, 1766.
Conway to Gov. Fitch, Oct. 24, in Trumbull MSS. ii. 65; Conway to Bernard and Gage, and to the other American governors, in Debates in Parl. iv. 302-306 ; Mass. Gazette for Feb. 6, 1766. The same day that these letters were dated, viz., October 24, a committee was appointed on the part of both branches of the Massa- chusetts legislature to consider some proper method to prevent difficulties after the 1st of November. Journal H. of R. for 1765, p. 145.
3 Mass. Gaz. of Oct. 31 gave as its motto a couplet from Pope's Homer :
306
THE FIRST OF NOVEMBER.
CHAP. had been suggested that Mr. Huske, a native of New Hamp- X. shire, who had removed to London and obtained a seat in the 1765. House of Commons, had urged upon Grenville the passage of this act ; and his effigy, with that of the late chief minister, was hung upon Liberty Tree early in the morning. In the evening both images were cut down, carried to the town house, . and thence to the gallows, where they were suspended a second time, and then torn in pieces and flung into the air.1 The Nov. 5. fifth of the month, the anniversary of the powder plot, which had been a season of rioting with many in former years, was this year peaceably observed. A feud, which had long existed between the residents of the north and of the south part of Boston, was amicably settled ; both parties united in the cus- tomary pageants, and the utmost harmony and good feeling prevailed.2
By the operation of the stamp act, the courts of the province were closed, business was suspended, and an unusual stillness reigned throughout the country. The provisions of the act were exceedingly stringent ; and, as the people had refused to use the stamps which had been sent over, nothing remained but Dec. 18. to abide the consequences.3 In this crisis a meeting was ap- pointed to be held in Boston ; but on the preceding day, as a
precautionary measure, Oliver was compelled to resign his Dec. 17. office as distributor of stamps, and, in the presence of a multi-
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" Jove fixed it certain, that whatever day Makes man a slave takes half his worth away."
On the 1st of November the paper was not issued; but on the 7th a sheet was issued, marked No. 0. The regular publication was resumed May 22, 1766. See the volumes of the Gazette, in Lib. Mass. Hist. Soc., and comp. Drake's Boston, 708, note.
Mass. Gazette for Oct. 31, 1765; Drake's Boston, 708.
2 Mass. Gazette for Nov. 7.
3 September 25, the governor sent a message to the House, informing them that a vessel had arrived in the
harbor, with stamped papers for Mas sachusetts, N. Hampshire, and Rhode Island, and asking what should be done with them ; but the House de clined advising him upon the subject The stamps were then deposited at the Castle, and, to prevent their being for cibly seized by the populace, an addi tional military company was stationer at the Castle by the governor. The House protested against this step, and several messages passed between then and the Governor and Council. Jour H. of R. for 1765, pp. 124-126, 169 185 ; Bradford, i. 75.
-
307
PROCEEDINGS OF THE GENERAL COURT.
tude of two thousand persons, an oath was administered to him, CHAP. under Liberty Tree, to the effect that "he had never taken any x. measures to act in that office, and that he never would do so, 1765. directly or indirectly." 1
Satisfied with this concession, the town meeting convened ; and a vote was unanimously passed authorizing a committee to sign and present to his excellency the governor and the hon- orable Council a memorial requesting that the courts might be opened.2 At the same time, the principal merchants of Boston and other towns, to the number of two hundred, agreed to import no more goods from England unless the stamp act should be repealed, and countermanded the orders already sent abroad.3
Thus closed the year 1765. Would the new year bring forth a repeal of the act ? "This year," wrote John Adams, 1766. Jan. 1. "brings ruin or salvation to the British colonies. The eyes of all America are fixed on the British Parliament. In short, Britain and America are staring at each other ; and they will probably stare more and more for some time."4 At the open- ing of the General Court, the House, in their answer to the Jan. 18. message of the governor, demanded redress for existing griev- ances. " The custom houses," said they, "are now open, and the people are permitted to transact their usual business. The courts of justice also must be open, - open immediately, - and the law, the great rule of right, duly executed in every county n the province. This stopping of the course of justice is a grievance which this House must inquire into. Justice must
1 Mass. Gazette for Dec. 19, 1765 ; uel Sewall, John Rowe, Joshua Hen- Hutchinson, iii. 139, 140; John Ad- shaw, and Arnold Welles ; and they were empowered to employ as counsel Jeremiah Gridley, James Otis, and John Adams. Diary of John Adams, in Works, ii. 157 et seq. ms's Diary, in Works, ii. 156; Ban- roft, v. 375. The dampness of the eather on this day did not damp the rdor of the people.
2 The members of this committee 'ere Samuel Adams, Thomas Cushing, ohn Hancock, Benjamin Kent, Sam-
3 Mass. Gazette for Dec. 6, 12, and 19, 1765 ; Bradford, i. 77.
4 Diary, in Works, ii. 170.
308
THE REPEAL OF THE STAMP ACT PROPOSED.
CHAP. be fully administered without delay." 1 This message was X. followed by a resolve of the House, sent to the Council, declar-
1766. ing that " the shutting up of the courts of justice has a manifest tendency to dissolve the bonds of civil society ; is unjustifiable on the principles of law and reason ; dangerous to his majesty's crown and dignity ; and a very great grievance to the subject that requires immediate redress." The Council saw fit to lay this address on the table; but, after some further proceedings, verbal declarations were made that the courts would be opened at the next term, and business be transacted as usual.2
Already the question of the repeal of the stamp act had begun to be agitated in England. Grenville, indeed, towards the close of his life, declared with emphasis that, "had he con- tinued in office, he would have forfeited a thousand lives if the act had been found impracticable."3 But Grenville was out of power ; and the new ministry, fortunately for all parties, was neither imbued with his prejudices nor cursed with his stubbornness. Besides, the people of England, after all, were friendly to liberty ; their attachment to freedom was stronger than their love of arbitrary power ; and their consciences and affections appealed to them loudly to side with those who were! struggling to resist the encroachments of absolutism.4 Hence, early in October, finding themselves in an unpleasant dilemma, the ministers had agreed that the American question was too weighty for their decision, though no hope was given that the
1765. Oct. 3.
1 Mass. Gazette for Jan. 23, 1766 ; Hutchinson, iii. 143 ; Bradford, i. 77. On the 16th of January, the people of Plymouth, at a town meeting, passed a vote of thanks to their brethren of Boston for their zealous defence of the rights of the province. Mass. Gazette for Jan. 30, 1766.
2 Jour. H. of R. for 1766 ; Hutch- inson, iii. 143-145.
Cavendish Debates, i. 551; Ban- croft, v. 363.
4 That multitudes in England were earnest for the repeal of the stamp act
is evident from the petitions presented for that purpose. Policy, without doubt, had much to do in exciting this feeling, for the commercial interests, of the country were suffering. But combined with this was another feel- ing, the love of liberty, which the Americans were struggling to secure and enjoy. Both interest and affec- tion, therefore, prompted the nation to urge the repeal of an act which was as inimical to their own welfare as to the welfare of America. Comp. Ban- croft, v. 366.
309
DEBATES IN PARLIAMENT.
act would be repealed, as its cancelment unconditionally would CHAP. be a " surrender of sovereignty." 1 X.
1766. Jan. 14.
Early in the new year, Parliament, after the usual holiday recess, reassembled, and was informed by the king that " mat- ters of importance had happened in America, and orders been issued for the support of lawful authority."2 The Lords, in reply, expressed their readiness to "assert and support the king's dignity, and the legislative authority of the kingdom over its colonies ;" but in the House of Commons, which was full, a debate sprang up, the most striking and memorable in the annals of England.3 In the course of this debate William Pitt unexpectedly entered, having just arrived in town. It was above a year since he had been seen within those walls ; and, as he walked slowly in, yet lame from gout, the eyes of all were fastened upon him. The Americans in the gallery, drawn thither by the importance of the pending debate, viewed him as their " guardian angel or saviour," 4 and eagerly awaited his words.
Mr. Nugent (Lord Clare) was the first to address the House ; and he insisted that the honor and dignity of the kingdom obliged the Parliament to compel the execution of the stamp act, except the right was acknowledged and the repeal was solicited as a favor. He then expatiated on the extreme ingratitude of the colonies, and concluded by charging the ministry with en- couraging petitions to Parliament, and instructions to members from trading and manufacturing towns against the act.5 Ed- mund Burke followed, and delivered his maiden speech on American affairs.6 Then Pitt rose; and, as the House was
1 Lord Mahon's Hist. England, v. 128; Bancroft, v. 367.
2 On the 24th of December there was a warm debate in Parliament " as to what should be done with the re- bellious Americans," in which Gren- ville took part. Mass. Gazette for Feb. 13, 1766. The speech of the king is in ibid. for March 27, 1766.
3 Debates in Parl. iv. 285-287;
Lord Mahon's Hist. England, v. 129. 4 John Adams's Diary, in Works, ii. ; Henry Seymour, of Connecticut, in a letter to Gov. Fitch, dated Feb. 26, 1766, in Trumbull MSS. ii. 77
5 Debates in Parl. iv. 288. 6 Lord Mahon's Hist. Eng. v. 130. Bancroft, v. 400, says the maiden speech of Burke was made at a later date.
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