USA > Massachusetts > The history of Massachusetts, the provincial period. 1692-1775 v. II > Part 36
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The motion thus made was seconded by Trecothick and Beckford, the former of whom recounted the steps which had been taken in America to prevent the consumption of British, and to promote domestic, manufactures ; but Lord North re- plied, "We will not consent to go into the question on account of the combinations in America ;" and, under the plea that
' For the speech of Pownall, see Debates in Parl. v. 93-103.
387
OPENING OF THE LEGISLATURE.
" the late time of the sessions would not allow a matter of so CHAP. much consequence to be properly agitated," the motion was laid XII.
over, and the acts continued in force.1
1769.
Thus, when the legislature of Massachusetts met, the griev- May 31 ances which were complained of remained unredressed. The first act of the representatives, before proceeding to organize the House, was to draw up a protest, and appoint a committee to prepare and bring in an address to the governor, remon- strating against the breach of their privileges, and assuring him of their "firm resolution to promote the welfare of the subject and support his majesty's authority ; to make a thorough inqui- ry into the grievances of the people, and have them redressed ; to amend, strengthen, and preserve the laws of the land ; to reform illegal proceedings in administration, and support the public liberty." "We have a right to expect," were the closing words of this address, " that your excellency will, as his majes- ty's representative, give the necessary and effectual orders for the removal of the forces, by sea and land, out of this port and the gates of this city, during the session of this assembly." 2
The reply of the governor was dry and laconic. "I have no authority," were his words, "over his majesty's ships in this port or his troops in this town ; nor can I give any orders for the removal of the same." 3 But the House was not satisfied, and criticised this message with ability and spirit. " We Jun. 13. clearly hold," say they, " that the king's most excellent majesty, to whom we have borne and ever shall bear true and faithful
1 Johnson to Trumbull, April 26, 1769; Debates in Parl. v. 103; Bos- ton News Letter for July 6, 1769; Bancroft, vi. 273-278.
2 Narr. of Boston Massacre, 17; Boston Gazette for June 5, 1769; Bradford's State Papers, 166-168; Jour. H. of R. for 1769, 5-7 ; Hutch- inson, iii. 233, 497, 498. The pream- ble to the order of the House was as follows : " Whereas the Great and General Court or Assembly of this province is here convened by his ma-
jesty's writ, issued by the governor under the great seal of the province ; and whereas a standing army is now posted in this metropolis, and a mili- tary guard is kept with cannon point- ed at the very door of the State House, where this assembly is held ; ordered," &c. Otis, Sheafe, Hawley, Adams, and Cushing were the members of the committee.
3 . Bradford's State Papers, 168, and Hist. i. 183; Jour. H. of R. for 1769, p. 8.
388
REJECTION OF COUNCILLORS.
CHAP. allegiance, is the supreme executive power through all the parts XII. of the British empire ; and we are humbly of opinion that, 1769. within the limits of this colony and jurisdiction, your excellency is the king's lieutenant and commander-in-chief, in as full and ample manner as is the lord lieutenant of Ireland, or any other of his majesty's lieutenants, in the dominions to the realm of Great Britain appertaining." 1
Nor did the struggle cease here ; for, when the councillors May 31. were chosen, and the list was sent to the governor for ap- June 1. proval, no less than eleven were peremptorily rejected. Two of this number - William Brattle and James Bowdoin, who had received a unanimous vote - were of the council of the last year ; four - Otis, Bowers, Gerrish, and Saunders - had been "repeatedly disapproved ; " and the remaining five - Hancock, Ward, Greenleaf, Henshaw, and Spooner - "had not been before elected." Such an exercise of the veto power, if sanctioned by the charter, was certainly impolitic, and, in the excited state of the public mind, could not but increase the odium which attached to the conduct of the governor.2 Gage, in the mean time, who had been intrusted with discretionary authority to withdraw the forces posted in Boston, ordered two of the regiments to Halifax, and requested Governor Bernard's written opinion respecting the disposition which should be made of the rest.3 This was throwing upon the shoulders of his excellency a responsibility he was unwilling to assume ; and, after conferring with his special advisers, Hutchinson and Oliver, he reported it to be their decided opinion that "the
1 Jour. H. of R. for 1769, 18, 19; inson, iii. 241, 242, one of these regi- Boston Gazette for June 19, 1769 ; Bradford's State Papers, 169-171; Mass. Gazette for June 15, 1769.
2 Jour. H. of R. for 1769, 10; Bos- ton Gazette for June 5, 1769; Hutch- inson, iii. 234; Bradford, i. 185 ; Ban- croft, vi. 286.
3 Gage to Mackay, June 4, 1769; Mackay to Gage, June 12, 1769; Ban- croft, vi. 286. According to Hutch-
ments had sailed, and the other was embarking, when the resolves of the House appeared in print, on the 3d of July ; and General Mackay, alarmed at their tone, determined, upon con- sultation with Governor Bernard and Commodore Hood, to put a stop to the embarkation ; and an express was sent to General Gage, at New York, for his directions.
389
CONTROVERSY WITH THE GOVERNOR.
removal of the troops at that time would have very dangerous CHAP. consequences, and that it would be quite ruinous to the cause XII. of the crown to draw them all out of the town." "Two regi- 1769. ments, one in the town and the other at the Castle, might be sufficient," he added ; and these at least should be left, if the others were removed.1
As the House had been in session for more than two weeks Jun. 15 without attending to the ordinary business of voting salaries and replenishing the treasury, the governor charged them with wasting the public money by needless debate, and threatened, unless they altered their course, to adjourn them to some other place. "It is an indifferent thing to me," said he, " where the General Court is held. I know that it is not necessarily con- fined to any town. That town seems to me to be the most proper for it where the business can be most conveniently, easily, and readily done. And as it is apparent from your resolutions that you do not think this is a proper town for the court to sit in, I shall remove it to Cambridge, against which place no objection that I know of can be formed." 2
To this message the House replied, and reaffirmed their Jun. 19. former resolutions. "No time," said they, " can be better employed than in the preservation of the rights derived from the British constitution, and insisting upon points which, though your excellency may consider them as non-essential, we esteem its best bulwarks. No treasure can be better expended than in securing that true old English liberty which gives a relish to every other enjoyment." 3 Dissatisfied with this reply, the governor renewed his demand ; 4 but the House was intracta- Jun. 21.
Bernard to Gage, June 12, 19, and 26, 1769; Gage to Hillsborough ; Bancroft, vi. 286.
2 Message of Bernard, in Jour. H. of R. for 1769, 20, and Bradford's State Papers, 171, 172; Narr. of Bos- ton Massacre, 17. The court was adjourned to Cambridge June 16. Jour. H. of R. for 1769, 21.
3 Jour. H. of R. for 1769, 23, 24; Boston Gazette for June 26, 1769; Bradford's State Papers, 172, 173.
4 Message of Governor Bernard of June 21, 1769, and Reply of House, in Mass. Gazette for June 29, 1769; Bradford's State Papers, 174, 175; Jour. H. of R. for 1769, 27.
390
CONTROVERSY WITH THE GOVERNOR.
CHAP. ble ; and as his excellency had informed them that " his majes- XII. ty had been pleased, by his sign manual, to signify his will and 1769. pleasure that he should repair to England to lay before him June 27 to 29. the state of the province,"1 by a unanimous vote, when one hundred and nine members were present, a petition to the king was draughted "to remove Sir Francis Bernard forever from this government,"2 and a series of pungent resolves was passed, expressive of the discontent of the people on account of the revenue acts, and censuring severely the misrepresentations of his excellency, in which he " discovered his enmity to the true spirit of the British constitution and to the liberties of the col- onies," and "struck at the root of some of the most invaluable constitutional and charter rights of the province ; " "the per- fidy of which," they added, "at the very time he professed himself a warm friend to the charter, is altogether unparalleled by any in his station, and ought never to be forgotten." 3
No one can read the papers which proceeded from the House at this period without being struck with the contrast between them and the papers of former years. Their tone was grad- ually becoming more firm. Both branches of the court acted in harmony. The conservative party was in a decided minority. The influence of Hutchinson was no longer potent. And the encouragement which the patriots of Boston had received from
1 Message of Bernard of June 28, 1769, in Jour. H. of R. for 1769, 38, 85-87; Mass. Gazette for June 29, 1769 ; Boston Gazette for Sept. 4, 1769; Bradford, State Papers, 175, 176; Hutchinson, iii. 238. The fact of the recall of Bernard was known a fortnight earlier. See Mass. Gazette for June 15, 1769.
2 Petition of the House of June 27, 1769, in Jour. H. of R. for 1769, 36; Mass. Gazette for Sept. 7, 1769 ; Bradford's State Papers, 188-191; Hutchinson, iii. 238. This petition, or " remonstrance," was "a disagreea- ble thing to the ministry, and was re- ceived with coldness, like the petition
of the livery of London." Extract of letter from London, in Boston News Letter for Nov. 30, 1769. The year previous, i. e. June 30, 1768, a motion was made that a petition be prepared and sent to the king for the removal of Governor Bernard ; and a commit- tee was appointed to draught such a petition, which was done. Jour. H. of R. for 1768, 94, 95.
3 Resolves of the House of June 29, 1769, in Jour. H. of R. for 1769, 56-60 ; Boston News Letter for July 13, 1769; Boston Gazette for July 3 and 10, 1769; Bradford's State Pa- pers, 176-180, and Hist. i. 188 et seq. ; Hutchinson, iii. App. O.
391
POSITION OF THE PEOPLE.
abroad, especially the concurrence in their views upon taxa- CHAP. tion expressed by several of the leading statesmen of England, XII. confirmed them in their opinion of the justness of their cause, 1769.
- and inspired them with renewed zeal to resist the encroach- ments of arbitrary power. Yet, boldly and manfully as they contended for principles, in no case were they transported beyond the bounds of equitable moderation ; nor did they fail to acknowledge, while fearlessly asserting and vindicating their rights, their " firmest allegiance " to their "rightful sovereign," and their readiness " with their lives and fortunes to defend his majesty's person, family, crown, and dignity." A people thus loyal could neither be terrified by menaces nor seduced by flat- tery. To bend their opinions was found to be impossible. They would listen to reason, but not submit to dictation. They had planted themselves firmly on the impregnable posi- tion that taxation and representation are inseparably connect- ed, and that, as the colonies were not represented in the Par- liament of Great Britain, Parliament had no right to impose taxes upon them. By this position they were determined to abide. For it they were ready to hazard their all. Shall we be slaves or freemen ? was the question to be decided. A nation is forever enslaved when it has neither an assembly nor any other political body to defend its rights against the en- croachments of the governing power ; nor can any society preserve for a long time the shadow of liberty when it has lost the privilege of voting in the sanction and promulgation of its fiscal laws.1
One more attempt was made by the governor to coerce the House, which, like all others, proved ineffectual. Towards the close of the session he laid before that body an account of the July 6 expenditures incurred by quartering his majesty's troops in
1 Raynal, Hist. Philos. et Polit. des deux Indes, vii. 174. “ Aucun société n'a conservé une ombre de li- berté dès qu'une fois elle a perdu le privilege de voter dans la sanction et
la promulgation des loix fiscales. Une nation est à jamais esclave, quand elle n'a plus d'assemblée ni de corps qui puisse défendre ses droits contre les progrès de l'autorité qui la gouverne."
and 12.
392
CLOSE OF BERNARD'S ADMINISTRATION.
1769. July 15.
CHAP. Boston, that funds might be provided for discharging the XII. same ; 1 but the House, in their reply, iterated their views " of the sudden introduction of a fleet and army here ; of the un- paralleled methods used to procure this armament ; and of the indefatigable pains of his excellency, and a few interested per- sons, to keep up a standing force in a time of profound peace, under the mere pretence of the necessity of such a force to aid the civil authority." "Your excellency must therefore excuse us," they added, "in this express declaration, that as we can- not, consistently with our honor or interest, and much less with the duty we owe our constituents, so we NEVER shall, make provision for the purposes you have mentioned." 2 To this July 15. message the governor could return but a menacing reply, threatening to report their conduct to the king ; and the court was prorogued "to the usual time of its meeting for the winter session." 3
Thus closed the administration of Francis Bernard. He had been governor of the province for nine years, and in that time had done more than all other governors combined to inflame the jealousy of the ministry, to irritate the people over whom he ruled, and to strengthen the spirit of discord and disunion. July 31. He embarked for England on the last day of July,4 regretted " by none who were sincerely desirous of the freedom and wel- fare of the province, but followed by the honest indignation of every intelligent and upright patriot for the misrepresentations he had often made of the views and conduct of the oppressed citizens, and the arbitrary and unfeeling manner in which he had executed the obnoxious laws of the British ministry." His cen-
1 Messages of Bernard of July 6 and 12, 1769, in Jour. H. of R. for 1769, 52, 68; Mass. Gazette for July 13, 1769; Bradford's State Papers, 183, 184, and Boston Gazette for July 17, 1769.
2 Reply of the House of July 15, 1769, in Jour. H. of R. for 1769, 80- 83; Mass. Gazette for July 20, 1769;
Bradford's State Papers, 184-187; Hutchinson, iii. 244-248.
3 Speech of Governor Bernard of July 15, 1769, in Jour. H. of R. for 1769, 84; Mass. Gazette for July 20, 1769 ; Bradford's State Papers, 187, 188; Bradford's Hist. i. 194-197.
4 Mass. Gazette for Aug. 3, 1769.
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393
THOMAS HUTCHINSON.
sures and reproaches, however, were no longer heeded ; on his CHAP. arrival in England he was treated with but little respect ; and XII. it was soon evident, even to the most violent advocates of the 1769. taxation of the colonies, that to his rash and imprudent con- duct most of the difficulties which had occurred should be . imputed.1 The day of his departure was a day of public re- joicing in Boston. "The bells were rung, guns were fired from Mr. Hancock's wharf, Liberty Tree was covered with flags, and in the evening a great bonfire was made upon Fort Hill." 2
It has been justly remarked that, "had the successor of Gov- ernor Bernard been a sincere and firm friend to the rights of the province, though, at the same time, duly disposed to main- tain the prerogative of the king and the just authority of Par- liament, - one who had been disposed to conciliate, rather than to criminate, and to represent favorably, rather than to exaggerate, the temper and conduct of the people, - harmony would probably have been in a good degree restored to the- province, and the separation of the colonies from the parent state delayed for many years."3 But, unfortunately for Eng- land, Thomas Hutchinson, who succeeded to the chair as chief magistrate, was not the man to meet such expectations. Some, indeed, were disposed to predict favorably of his administra- tion because he was a native of the province, acquainted with the feelings of the people, and possessed of abilities which might have been exercised effectually in their behalf. Besides, he had been long in public business. For ten years he had
1 Bradford, i. 199. Hutchinson, of course, takes the part of the governor, and attempts to palliate his miscon- duct, and screen him from the charge of wilfully infringing upon the liber- ties of the people. See Hist. iii. 249, 254. Lord Mahon, however, Hist. Eng. v. 235, while he admits him to have been a " man of ability and firm- ness," does not hesitate to charge him
with being " wilful and quarrelsome," and admits that the conviction which prevailed among the people of his having written home "the most unfa- vorable statements of their motives and designs " was "certainly well founded." Comp. Bancroft, vi. 291.
2 Hutchinson, iii. 254.
3 Bradford, i. 200.
394
THOMAS HUTCHINSON.
CHAP. represented the town of Boston, during three of which he was XII. speaker of the House. For seventeen years he had been a
member of the Council, and for a large portion of that time
1766. 1758. June.
1760.
Sept.
1749 to was judge of probate. Since 1758 he had been lieutenant governor ; and since 1760 he had been chief justice. He had likewise been twice chosen colonial agent, though he never vis- ited England in that capacity. He had therefore had " suffi- cient opportunity to acquaint himself with the constitution and public affairs of the province ; "1 and, taking the chair with such antecedents, he might have filled it with honor to himself and with credit to his country, had it not been for his avarice and his confirmed duplicity. That he had some good qualities no one can question. In cases where his own interests were not immediately involved, he had acted under the impulse of a genuine patriotism. As a commissioner in adjusting disputed boundaries, he had distinguished himself by his zeal, his pru- dence, and his integrity. And in the capacity of judge, " though he decided political questions with the subserviency of a cour- tier, yet, in approving wills, he was considerate towards the orphan and the widow ; and he heard private suits with un- blemished integrity." 2 But he lived in a peculiar age and country. He could not at once be an Englishman and an American ; for between the two nations the differences of opinion, which had sprung up and increased, were such that no one could expect to please both parties. If he sided with
1 Hutchinson's Hist. iii. 75, note, and 256 ; Baneroft, vi. 303, 304.
2 Bancroft, vi. 304. "That Hutch- inson was amiable and exemplary in some respects, and very unamiable and unexemplary in others, is a cer- tain truth ; otherwise he never would have retained so much popularity on the one hand, nor made so pernicious a use of it on the other. His behavior in several important departments was witli ability and integrity, in eases which did not affeet his political system ; but he bent all his offiees to that. Had
he continued steadfast to those prin- eiples which in his former life he pro- fessed, and which alone had procured him the confidence of the people, he would have lived and died respected and beloved, and have done honor to his native country. But by renoun- cing those principles and that conduct which had made him and all his an- cestors respectable, his character is now eensured by all America," &c. Almon's Remembrancer for 1775, 25, 26.
395
THOMAS HUTCHINSON.
England, he must expect to incur the enmity of America. If CHAP. he sided with America, he must expect to incur the enmity of
XII. England. He could not serve both God and Mammon ; and 1769. he chose the latter, as more conducive, in his estimation, to his worldly advancement, and as more in accordance with his nat- ural temperament.
Yet his professions of regard for the liberties of America were often obtrusive; and while, at one moment, he penned despatches rivalling in fervor the speeches of Otis, at the next he was careful to take back all by secretly informing particu- lar friends that nothing was meant by these effusions - that they were chiefly designed for political effect. From his man- uscript correspondence, which gives the best clew to his char- acter, it would not be difficult to quote many passages in proof of his duplicity.1 Favorable letters, addressed to persons of influence in England, were written, and sent round to be read in the province ; but none of them reached the other side of the water. He repudiated in Boston the idea that he sanc -. tioned the conduct of Bernard ; yet in his first message to the colonial office he was careful to say, "I have lived in perfect harmony " with his excellency.2 To the friends of America he artfully insinuated that they were deceived in their opinion of the colonists - that they were unworthy of the favor with which they were treated. The abettors of despotism he was ready to encourage, by assuring them that their measures were necessary and just.3 Yet all this time he was exceedingly anx- ious to conceal the fact that he was laboring to subvert the liberties of his country. " Keep secret every thing I write," was his language to one; and to another his words were, " Suffer no parts of my letters to transpire." 4 To such a man
' This correspondence, in three fo- lio volumes, is preserved at the State House, among the archives in the of- fice of the secretary of state.
2 Cooper to Thomas Pownall, Sept. 8, 1769 ; Hutchinson to John Pow-
nall, July 25, 1769 ; Bancroft, vi. 305. 3 See his MS. Corresp., especially his letters to Bollan, to Jackson, to Pownall, and others, and his letter to Franklin of July 29, 1769.
4 Hutchinson to Whateley, Oct. 20,
396
LETTER OF HILLSBOROUGH.
CHAP. was the government of Massachusetts intrusted. Is it surpris- XII. ing that his conduct should have met its reward ? He sowed 1769. the wind, and reaped the whirlwind. - Making every allow- ance for the virtues he possessed, his faults were so glaring as to more than balance them. He was the Harpagon of Amer- ica ; and, like Judas of old, who betrayed his master, he be- trayed his country for paltry gain.1
Before the recall of Governor Bernard the circular letter of the Earl of Hillsborough arrived, acquainting the colonies that "it was the intention of his majesty's ministers to propose, in the next session of Parliament, taking off the duties upon glass, paper, and colors, on consideration of such duties having been laid contrary to the true principles of commerce, and as- suring them that at no time had they entertained any design to propose to Parliament to lay any further taxes on America for the purpose of raising a revenue." 2 This letter, however, July 26. did not satisfy the merchants of Boston ; for they argued, and justly, that if the tax on glass and paper was "contrary to the true principles of commerce," the tax on tea must be equally so. Hence they voted unanimously that this repeal was a mere pretence, and that the duty on tea was retained to save the " right " of taxing. At once, therefore, they renewed the obligation, formerly made, to import no more goods from Eng-
1769, to I. Mauduit, Oct. 27, 1769, thority of Great Britain over the col- and to J. Pownall, July 27, 1770, and Nov. 26, 1773.
1 For a defence of the character of Hutchinson, from the pen of Rev. George E. Ellis, see the Christian Ex- aminer for Nov. 1854, 403 et seq.
2 Hillsborough to the Governor of Connecticut, May 13, 1769, in Trum- bull MSS. ii. 207; Grahame, ii. 451; Belsham's George III. i. 246, 247; Hutchinson, iii. 252. " The whole le- gislature," wrote Hillsborough, " con- cur in the opinion adopted by his majesty's servants, that no measures ought to be taken which can in any way derogate from the legislative au-
onies. But I can take upon me to assure you, notwithstanding insinua- tions to the contrary from men of factious and seditious views, that his majesty's present administration have at no time entertained a design to propose to Parliament to lay any fur- ther taxes upon America for the pur- pose of raising a revenue; and it is at present their intention, in the next session of Parliament, to take off the duties upon glass and colors, upon con- sideration of such duties being laid contrary to the true principles of com- merce." See the reply of Pitkin, in Trumbull MSS. ii. 233.
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397
NON-IMPORTATION AGREEMENT.
land, a few specified articles only excepted, unless the revenue CHAP. laws should be fully repealed ; the inhabitants of the town XII. were invited to an agreement to purchase nothing from those 1769. who violated this engagement; the names of recusant im- porters were to be published ; and a committee was appointed to consider the acts of trade, and to prepare a statement of the embarrassments to which commerce was subjected thereby.1
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