The memorial history of Boston : including Suffolk County, Massachusetts, 1630-1880, Vol. III, Part 21

Author: Jewett, Clarence F; Winsor, Justin, 1831-1897
Publication date: 1880-1881
Publisher: Boston : J.R. Osgood
Number of Pages: 770


USA > Massachusetts > Suffolk County > Boston > The memorial history of Boston : including Suffolk County, Massachusetts, 1630-1880, Vol. III > Part 21


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the fair fields of Europe."- Mass. Hist. Coll. vi. 64, 79.


1 " The press was used by the Patriots with great activity and effect. The Boston Gazette and the Massachusetts Spy were the principal Whig journals printed this year (1773) in Bos- ton. The Gazette had for a long time been the main organ of the popular party; and it was through its columns that Otis, the Adamses, Quincy, and Warren addressed the public. In fact no paper on the continent took a more ac- tive part in politics, or more ably supported the rights of the Colonies. Its tone was generally dignified, and its articles were often elaborate. The Massachusetts Sty was more spicy, more in the partisan spirit, less scrupulous in matter ;


VOL. 111 - 18.


I 38


THE MEMORIAL HISTORY OF BOSTON.


In the summer of 1775, the printers of the Essex Gasette, Ebenezer and Samuel Hall, moved from Salem to Cambridge, established their printing office in Stoughton Hall, and continued the publication under the name of the New England Chronicle, or the Weekly Gazette. It was intensely Whig in its sympathies, and had several accomplished contributors. Early the following year, Boston being no longer in a state of siege, the Chronicle was moved across the river to School Street, " next door to Oliver Crom- well's Tavern; " was bought by Edward Eveleth Powars and Nathaniel Willis, who changed the name to the Independent Chronicle and Universal Advertiser, and consecrated it anew to " the glorious cause of America." Samuel Adams gave his never resting pen to its service, and John Hancock was among its occasional contributors. It was ably and earnestly on the side of liberty through all the vicissitudes of the Revolution.I


It will be observed that the Revolutionary Press derived its chief influ- ence from the constant use which able writers and statesmen made of it. Their spirited arguments, exhortations, and appeals were carried through its agency over every threshold, and, being copied from journal to journal in all the colonies, gave cumulative force and energy to the popular feel- ing. With such assistance the press, in spite of its limitations, was made to represent in a peculiar sense the form and body of the time. It was a period of prevailing intellectual as well as moral exaltation. Dreams of liberty and self-government, under new conditions, seemed at last about to be realized. The sense of national life was becoming intense and vivid. The terms America, Country, Commonwealth, Nation, came into common use, or acquired new meanings. Phrases implying or asserting a new distri- bution of public powers, became familiar : all men are by nature equal; kings have only delegated authority ; the people may resume supreme power at their pleasure ; judges are servants not of the king but of the common- wealth, and are bound by the charter. Franklin's warning before leaving England, transmitted through Lord Howe to Lord North, - " They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety," - became a standard maxim, and was often used in calls for public meetings and appeals to public sympathy. Books on personal and public rights, treatises on government, standard writings on canon and public law, were more and more sought for. Milton, Harrington, Sydney, Marvell, and Locke were favorite authors. Bacon and Bolingbroke were often quoted. Montesquieu and Priestley had many disciples; cheap reprints of their works were extant before and during the Revolution.2


aimed less at elegance of composition than at clear, direct, and efficient appeal." - Frothing- ham, Rise of the Republic, p. 51.


1 [For some account of magazines and other periodical publications of this time, sec "The Press and Literature of the Provincial Period," in Vol. II. p. 387. Sce also S. F. Ilaven, Am. Antiq. Soc. Proc., October, 1871 .- ED.]


2 " I have been told hy an eminent book-


seller that in no branch of his business, after tracts of popular devotion, were so many books as those on the law exported to the plantations. The colonists have now fallen into the way of printing them for their own use. I licar that they have sold nearly as many of Blackstone's Commentaries in America as in England." - Ed- mund Burke, in the House of Commons, March 22, 177 5.


THE


INOMs 419 ]


INDEPENDENT


CHRONICLE.


HF


THE


ADVERTISER.


NOVEMBER 7, 1776.


BOSTON : ....... . Y


Opposite the New Court House.


From the PaeHITLesvia jo dedal, Odo. 9.


IN CONSTITUTION, Y th Coucou- IN GENERAL CONVENTION, die Tah tgeh. 1776, and continued by adjourwmctat te Sermber a6. 1776.


W HEREAS all governescor Ought to be sohunted and lup- pored tor the fecunty and pro teclaau of the community aa fuch, and to enable the, indi viduals wha compute IL to ra- 10g DeIr saiural rigbu sad the other blefing, while the author of caldeace bus belowed upon a.na ; and uhrecver tacle great ends of juraLs. AL ue om obuused, the people have e ngồi by 10000 sonkut, to change it, sua take fuch Drilures os :o there ve) appear arefs. y to promote


Labitanu of chs Logique Wealth hast, in confids. rauDs of p:(E ... Ou only, Mesmolore aseowkdgod allegiane 10 the Kugol Great Brune, and the land Kiog bu om only withdrawn isat pruischon, . ut commenced and dill tostunts to carry on, with an.


them employing iseret ou vely the uups el lental. Brature, but foreign mercenaries, lavages, and daves, for de srowed purple of reduting torto to a total and object fuba:bon to the delpour domsesuoe of de Briuth Parbaccar, wie many other alts al ty- TADOy, (muse fally ict forb in the declaration of Congreh) whereby all allegiance and fealty to the Sasa Kang and his faccefiore are diffolved and at es sad, and al' power and authoruy derived from him crated in this Colonies, And Watchas nuab. folevely ucceBary for the welfare and falety of the us- habscsata of land Colonies, that they be keacelorth Erec and independentSie, sod that juñ, percances, sod proper Fora ef Goversacet exif us every put ef them, denved from, and founded on the authority of the people only, agreeable to the ducctions of the bundraule American L'ongrela WE. the reprefen- tatives of the Freemee ol Prostylesnis, in General Convention met, for the experts purpose of framug fuch a Gormomsor, conhtling the goodness of the great Governor of the Unit.tu (who sione Lsows to what degree of earthly Sapvinci mankind way stava by perteflag the arta of Loveromeet) u per. mirang the people of this State, by commos content, and wichoet vialzece, deliberately to laren for tem- felves foch jos rules as they thall chrch bet for go- verning the future fucstty ; sad being fully com.


luch original principles or Govorimset as vill bes promous cha geacru aspprecis of the people of caus State and their polority, and provide Is toturn it- proveme.u, Dutout partality for, or prejudice a. qued say particular class, feel, ar desumination of mes whatever, DO, by surses of the authority vested in us by our cooltitscats, ordan, declare, and eltab- lith the following Declarsuon of Rights and Frame ·! Goreremen to be THE CONSTITUTION dl the Common-Wealth, and t remun us torce there- is forever, unaltered, sacrps us fuch articles us ball herearter un experituat be touad po require improve- m4a1, and which Chali by the lame authority of the people, fausty de'egund me tàu Frame of Gorcremew directa, be amcodes ar unproved for the more effec. taal obuuning and securing THE GREAT END AND DESIGN OF ALL GOVERNMENT.


CHAPTERI


K DECLARATION of the kigai of the lebabi- thành of the Sun of PENNSYLVANIA.


- T HAT all men are bore equalty free and Sodapanteas, and bare certain animal. 10. bereal and unalicaable rights, among& which we the


enjoying and deleading Wie sed loberty. acquiring. podlething and protecting property. sad påifuing and obtaining bapproefs and lafety.


IT. That all mos hars . natural sed uouliceable right to worthup Almighty Goo, a cording to the didates of their owe conferences ses uoderianding : Aed chas co mse onghi ar of righe can be compelled 10 alcaed any relig ous worthıp. ar erect or tappors any place of worship, or muacuse say cate sdry, con- trary to, or agues, hunwn tree wolf and coufer : Nor cas sey coca, who atheowledges the being of s Goo. be juilly deprived or abridged of any esmit righr


ta pecalias mode of trlegions wordup . And that no authority can or Dughe Lo he pefled 10, or affumed 97, 10y pater »haveer, that Dall in say cale cater- tere wuh, or in any masoer controal, the right of confcigare to the free enurcile of religious wortip


III. That the people of ab.a Scale have the tak, caclube and inherent right of governing and rege laung the internal police ot tar tam


Thu all power being originally ioberent to. and consequently deprived true, the People , there. føre all ofsets of Government, whether legitatime ur ftetunre, us they trutmes sod fervesu, and at all ames accountsola ts LNEM


V. Test Governatat in, or oughi to be, sedite- ted for the common brecht, proudhon and lec aru) Di the people, satde er comosnuy . sas oor for che panitulu resolucitai to advantage of any angle as., family or frt of mee » ba ar a part only of tast com musity Aod thu the comteuerty bath as . dubuable, scabenable sed udeleafble nghi us to. form, alter or abalı& Govaramess ss fuch musser o Dall be by that communuy judged met conducive to the public veal


VI. 'I'hat toole who are employed te che leg.4s- uve and orrcuune bubeals of tar Stace may be co. trueed from opprebon, the people bare a night, at fach persode es they may theak proper, up reduce their public officers 10 & privat NIMico, and fupply the vacancies hy certaso sed regular aications.


VU. That all elecboas ought to be free ; and that all free aca having a lufficurar emdent common Laterod vich, sad attachment to the community. barr 4 nghi to elec ofcer, er ba rietied 14to bl.a.


Vill. Thu every toem học ·! tocsery hans right ra be procected re tas cajuyaret of lue, liberty and property, and sherefort in bound to congibet ka proporuos towards the capisco uf thu protection, and field huse pertonal fervice. "ses gecefary. on un equivaleat thercio : Bat on part of a man's property cas be juilly sakce from bits, or applud w public ofer, onchout hu owe canfeel, ar chal of bas legal coprelestaufe : Norcon any mae uno m cool: 140 u- oudy icrupatour of beaneg armi, br jully compelled thereto, it he will pay luca equivalent Now are The people bound hy cay lans, oui luch as they have no hàn manner afented 10, tur thru commea good.


IX That re all protestosa fur criminal utfre. en. . .. a bub a right to be heard by sitelef cad hus council, to demand une casla ced ouart of hu acculauon, to be controcité with une a nocEco. 10 sall for evidence 10 av favour, and a Speedy public


Nor enanunour confees he cannot be found guilty cao he he compelled tu gire evidence ag areil har leif Nor cso soy mad be fullly deprived of his fiberış. except by the laws of the land tư tốc judgment of su peers.


X That the people have a right to hold them letver, theer houtes, papers and pullchons Love from search m fersure , and thatfore wMrasa wu1004 Ontá1 or afirmaross h+s cande. . fordung a lofcute Touadation for theth, and whereby AP) sch = ( lenger may be commanded to required to fearch ful pected places, or in leuse any perion on perfone, ist or the property. apr perUtulary described, a/ cDe 11.7 10 chai ragot, and oughi em to be graared.


Xi Thar .o all sontrossobis setped. [ perpeny unghi to wiel bị juif, which ought to be bels found.


X11. That the people have a right an freedom of fptech, med of wung und prbistuing their fans- ORA. . thereFore the freedom of the prel ought not to be trained.


XIII. Then the people have a right to bear arme for the defence of the releives and the State ; und es Randiog armuts, u ume of pond, urt dangernos Mp liberty, they ought tại m be topt up : And that the military Could be heps soder and tuberdisaces , sas povereed by. the civi porrer.


xiv Thai . freq-que recurrence to the landa- mental precipice, and a b to adhereact m jetice, mo- dersinon, umperance. Isdatry. und fre goltv. are absolutely accelery un proforme the Windings of liber- 1). and harp a Governare han : 1 he people wages therefore no pay particular attention to thele points, so the thece el elcers end caprefestabers, and have a nghị ve vra& s dot cad coolant ergud me chem, from cheur legislators sod magifrates so she making and thư nung lạch lavs as are vocuffary for the good Government of the State


xv Thu all mee bare s oatural coherent right


te, or 10 fork cosetres ss they can parchal, »bes- ever diey chie's that thereby they map promote


XVI. That the prophe for a righe no semble øgether,no cou falt for their names good.m notrv& Ssu moprekentatives, and apply to the legifarure for redreis of grievances, by addreie, potition or temos. Li wct.


CHAPTER I.


PLAN - FRAME / GOVERNMENT.


T HE Common. Weski er Sose of Proofylvania Shall be governed heresfter by on A ficobly of che Representacirri of the Precoce of the lone, and the Prekdens and Conseil, u ... . ed fors following -.


SAD 3. The Supreme legislative power fall be med in a Houfe of Reprefrotcivos of the Freemen, of the Common. Wrakh or State of Proofylvasis. Sat. 5. The fupreme csorvure power hatt be relled sa a Perúden and Cacaril.


Cours of Julier holl be olabhifhed in the cry of Philadelphia and sa every county of chun Siste.


Se4 5. The Prormen of this Commos. Welch aad be fons fall be truwed and need for is de- Icare, eoder foch regulations, retrictions and trop- tons as the General Afecn'y hall by Leo dued, preferving always on the people the right of coudog their Colson! and all comosibiened off.er onder chas canh co fach wasser and as chce to by the ford Laws hall be deeled


&od 6. Every freemon of the fall ags of tweety. Pur yEM .. having rrided to tus Seace Ter the (pace el pas whole year Gert before the day of airchon far Reprifen: moves, and pand poble tasts dương .hạt Lương, Qui cajby the nghĩ để sa shôm : Prended shriyı, the loss of freshelders of the age of tweery. coe pras Mall be estuled an vore although they Love


1.3 7. The House of Reportesctives of de Fimome of this Contre. Wratre hall confs of pre- fons moll sorrd for odien and virtuc. 10 he chefa by the Freemes of every city and covery of thut Como- Weall tfpecimely. And De perton Rall Me elected valets ho ber prided in the cry on county for wbuch be Dall be chrhe, two years imambarriy he- lai the fud election ; sor hall acy dumber nhije bo


Lol 6. No perfon Ball he capable of being cheat-


of the Freemas of this C'omase- Weekh more than


Jo9 9. The members of the House of Rapretes. Det s' the Common- Virali, on ate freau I walday


AND


UNIVERSAL


THURSDAY,


MASSACHUSETTS.STATE: POWARS AND WILLIS,


PEND ENCE.


140


THE MEMORIAL HISTORY OF BOSTON.


Of the group of writers brought to the front at this time, partly by the force of events and partly by their own genius, Samuel Adams was the master spirit. From his youth he was deeply interested in public affairs. He read with avidity all attainable books on politics and government, and early made himself familiar with Roman law and political history. He formed a club in 1748 for the purpose of writing and debate on the great interests of the country. Inspired by his example the members gave to these discussions the enthusiasm of youthful ambition, and were stimulated by them to the attainment of broader views and the pursuit of profounder studies. Every invasion of chartered rights, committed or threatened, found Adams and his companions at their posts. The habit of enlisting young men of talent and spirit in the support of principles dear to him continued during his active life. "To my certain knowledge," said John Adams,' " from 1758 to 1775 he made it his constant rule to watch the rise of every brilliant genius; to seek his- acquaintance, to court his friendship, to cultivate his natural feelings in favor of his native country, to warn him against the hostile designs of Great Britain, and to fix his affections and reflections on the side of his native country." Besides his contributions to the newspapers, already spoken of, the vigorous pen of Samuel Adams was always at the public service. He drafted the instructions to the Boston rep- resentatives for 1764 and 1765, containing the first public challenge of the right of Parliament to tax the Colonies without their consent, and the first public suggestion of the union of the Colonics for the redress of grievances. In his representative capacity he suggested or prepared many of the state papers of that period, and made many public addresses. With the single exception of a reply to Thomas Paine, in defence of Christianity, his writings were called forth in the regular course of public service, and were addressed to the pressing political exigencies of the time. The generation following named him "The Father of the Revolution." His blameless life, his unfail- ing intelligence, his persuasive address, his enthusiasm, always controlled by reason and a religious sense of responsibility, combined to make him a born leader of men.2


The impetuous genius of James Otis supplied what was wanting in Adams's well poised temperament. He was an accomplished scholar, a charming speaker, and richly endowed with dashing and brilliant qualities. His first published work (1760) was a treatise on The Rudiments of Latin Prosody, with a dissertation on the principles of harmony in composition. He prepared a similar work on Greek prosody, which was never published. The following year, 1761, he was called to take the leading part in the great trial of the Writs of Assistance.3 Here his remarkable gifts had a fair and adequate field for their exercise. The trial involved not only great pecuniary interests, but the political and civil rights of a continent, and


1 John Adams's Correspondence, in Works, x. 364.


2 Wells, Life and Public Services of Samuel Adams ; Hutchinson, History of Massachusetts


Bay. [See portrait and references in chapter i. of the present volume. - ED.]


8 [See Mr. Porter's chapter in the present volume. - ED.Į


141


THE LITERATURE OF THE REVOLUTION.


gave ample opportunity for the display of his varied learning, masterly reasoning, and captivating eloquence. From this time forward he knew neither rest nor peace. In 1762, after a sharp controversy with Governor Bernard on a question of his right to authorize expenditures without the knowledge of the House of Representatives, in which Otis was sustained by the House, he published a spirited vindication of its action, which still further stimulated the spirit of resistance to executive power.1 This fugitive pamphlet contained the fundamental argument on which constitu- tional liberty rests, and presented in clear array the whole armory of rea- soning with which the statesmen of the Revolution fought their later battles. This was followed two years later by The Rights of the Colonies Asserted and Vindicated, written with ability and spirit, but making apparent con- cessions to the authority of Parliament, which excited great distrust and caused a loss of confidence in the steadiness of his judgment which was never fully recovered. His last work appeared in 1765,2 an eminently pa- triotic and useful contribution to the discussion ; but presenting views con- cerning a consolidated empire and parliamentary representation of the colonies, not shared by many persons on either side of the contest. In his profession Mr. Otis was pre-eminent, and until his reason failed was distinguished among many accomplished and able men.8


The fruitful pen of John Adams, like that of his illustrious kinsman, was given to the same absorbing cause. While reading law in Worcester he had access to most of the standard books with which educated men were expected to be familiar. Frequent references to them in his letters and diary indicate much proficiency in both the ancient and recent classics. The argument of James Otis against the Writs of Assistance, to which he was a listener, was a fresh revelation to his wonderfully receptive and fertile mind.4 Thenceforward, till the crisis culminated in 1776, he was engaged, with occasional interruptions, in writing for the newspapers, in preparing in- structions for representatives, in addressing public meetings or represent- ative bodies, - wherever, indeed, the cause of the colonies needed an able, learned, and fearless defender. In 1765 he was one of a sodality, consisting of two young lawyers besides himself, formed under the patronage of Mr.


1 The title was, A Vindication of the Conduct of the H. of Rep. of the Province of the Mass. Bay, printed by Edes & Gill, 1762. J. Adams, writing of it many years after, said: "Look over the Declaration of Rights and Wrongs, issued by Congress in 1774; look into the Declaration of Independence, in 1776; look into the writings of Dr. P'rice and Dr. Priestley ; look into all the French constitutions of government ; and, to cap the climax, look into Thomas Paine's Common Sense, Crisis, and Rights of Man,-what can you find that is not to be found in solid substance in this vindication of the House of Representatives ?""


2 Considerations on behalf of the Colonists, in a Letter to a Noble Lord. London : printed for J. Almon, 1765.


8 Tudor, Life of James Otis ; Life and Works of John Adams ; Hutchinson, History of Massa- chusetts Bay. Mercy Warren, History of the American Revolution ; Monthly Anthology, v. [Sce a portrait and references in chapter i. -ED.J


4 " From carly life the bent of his mind was loward politics, a propensity which the state of the times, if it did not create, doubtless very much strengthened. Public subjects must have occupied the thoughts and filled up the conver sation in the circles in which he then moved ; and the interesting questions at that time arising could not but seize on a mind like his, ardent, sanguine, and patriotic." - Webster, Oration on Adams and Jefferson, Boston, Aug. 2, 1826.


142


THE MEMORIAL HISTORY OF BOSTON.


Gridley, then advanced in years, for the purpose of studying the leading writers on oratory and civil law. His first published work, a treatise on the canon and feudal law, was the result of their discussions in 1765, and was printed after the mob of that year. In the Gazette he wrote under many signatures on all the leading questions; and though his attachment to his profession made him resolve again and again to forswear politics, he re- turned to the public arena as often as an excuse was offered. From this time Mr. Adams was fully embarked in public life, and his work and ser- vice belong to the general history of the country. His writings of the pe- riod preceding and during the Revolution were very carefully preserved, and have been published, with his own later commentaries upon the events which inspired them.1


The appearance of British soldiers in Boston, in 1768, was the signal for a fresh appeal to the patriotism of the inhabitants, the boldness and bril- liancy of which startled friends and foes. Josiah Quincy, Jr., then just ad- mitted to the bar, published in the Gazette of that year the remarkable series of essays bearing the signature of "Hyperion," which at once inspired admiration for his genius and the affectionate interest of all friends of liberty. His defence of the soldiers of the Boston massacre, against the current of popular feeling which he had himself been active in creating, gave further proof of his personal courage and his deep sense of justice. His contributions to the newspapers, and his correspondence with leading statesmen, continued after he was smitten with the signs of fatal illness; and his persuasive and eloquent voice was often heard in public gatherings. His chief work, Observations on the Boston Port Bill, with reflections on civil society and standing armies, published in 1774, increased his reputation and influence. But the great promise of his youth and early manhood was not to be realized. He fell on the threshold of the conflict, leaving a pure and noble memory.2


Joseph Warren, like most of his eminent contemporaries. also cultivated literature as a patriotic diversion. With every social grace and virtue hc united uncommon literary gifts and a passionate love of country. Indeed. they were never long separated. His letters were luminous and prophetic, and his newspaper writings, from the time of the Stamp Act to the close of his life, were noted for purity and force of style, excellent judgment, and a manly spirit. His oration on the anniversary of the Massacre, in 1772, gavc fresh lustre to his reputation. He was then in his thirty-first year, in active practice of his profession, and the trusted friend and confidant of all the Whig statesmen. His style was fervent and rhetorical, somewhat over-


1 C. F. Adams, Life and Works of John Algernon Sydney's works, in a large quarto; Adams. [A portrait of John Adams in his old John Locke's works, in Ihree volumes, folio; age is given in Mr. Lodge's chapter in the pres- ent volume. - ED.]




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