|
THE WRITINGS
OF
SAMUEL ADAMS
COLLECTED AND EDITED
BY
HARRY ALONSO CUSHING
_______
VOLUME II
_______
1770-1773
CONTENTS OF VOLUME II.
______
1770.
Article Signed "Vindex," January 8th . . .
Power of Governer over sessions of General Assembly.
Article Signed "Determinatus," January 8th . . .
Non-importation agreement.
To the Lieutenant-Governor of Massachusetts, March 19th . . .
Memorial of town of Boston--Apointment of special justices.
To John Hancock, May 11th . . .
Proposed resignation.
To Benjamin Franklin, July 13th . . .
Letter of town of Boston--Effect of massacre narrative--Influences
upon public opinion--"Case" of Captain Preston.
To the Lieutenant-Governor of Massachusetts, August 3d . . .
Answer of House of Representatives--Place of meeting of General
Assembly--Legal opinions--Precedents--Royal instructions--Nature of
Province Charter--Rights of House.
Article Signed "A Chatterer," August 13th . . .
Royal instructions.
Article Signed "A Chatterer," August 20th . . .
Character of office holders.
Article Signed "A Chatterer," August 27th . . .
Reply to "Probus"--Character of lieutenant-governor.
To Benjamin Franklin, November 6th . . .
Letter of House of Representatives--Appointment as agent--Attitude of
administration to Massachusetts--Royal instructions--Admiralty
jurisdiction--Salaries and appointments.
To Stephen Sayre, November 16th . . .
Letters of "Junius Americanus"--Non-importation agreement--Trial of
Preston--Royal instructions.
To the Lieutenant-Governor of Massachussetts, Novemer 20th . . .
Memorial of House of Representatives--Vacancies in militia.
Article Signed "A Tory," November 20th . . .
Effects of present administration.
To Peter Timothy, November 21st . . .
Reply to Charleston committee--Non-importation agreement.
To Stephen Sayre, November 23d . . .
Choice of agent--Royal instructions--Attitude of Huthchinson.
To Josiah Williams, November 23d . . .
Personal advice.
Article signed "A Chatterer," December 3d . . .
Royal instructions--Control of troops--Custody of Castle William.
Article signed "Vindex," December 10th . . .
Trials of Preston and soldiers--Discussion of testimony.
Article signed "Vindex," December 17th . . .
Trials of Preston and soldiers--Discussion of testimony.
Article signed "Vindex," December 24th . . .
Trials of Preston and soldiers--Discussion of testimony.
Article signed "Vindex," December 24th . . .
Reply to "Somebody"--Trial of soldiers.
To John Wilkes, December 28th . . .
Introduction of William Palfrey--Conditions in colonies.
Article signed "Vindex," December 31st . . .
Action of Boston on massacre--Attitude of troops--Events of March 5,
1770--Testimony upon trial--The dead.
Article signed "Vindex," December 31st . . .
Testimony upon trial of soldiers.
1771.
Article signed "Vindex," January 7th . . .
Trial of soldiers--Discussion of testimony.
To Stephen Sayre, January 12th . . .
Enclosing articles on trials.
Article signed "Vindex," January 14th . . .
Discussion of testimony--"Case" of Captain Preston.
Article signed "Vindex," January 21st . . .
Result of trial of soldiers--Discussion of testimony--Reply to
Philanthrop.
Article signed "Vindex," January 28th . . .
Discussion of testimony--"Case" of Captain Preston.
To Charles Lucas, March 12th . . .
Acknowledgments of Boston.
To Arthur Lee, April 19th . . .
Beginning of correspondence--General conditions--Designs of
Administration--Royal instructions.
To the Governor of Massachusetts, April 24th . . .
Answer of House of Representatives--Action of Spain at Port
Egmont--Attitude of Administration--Place of meeting of General
Assembly--Appointment of Governor.
To the Governor of Massachusetts, April 25th . . .
Salary bills.
Article signed "Candidus," June 10th . . .
Place of meeting of General Assembly--Royal instructions--Attitude of
Hutchinson.
Article signed "Candidus," June 17th . . .
Address of clergy.
To Benjamin Franklin, June 29th . . .
Letter of House of Representatives--Right of Parliament to
tax--Revenue and tribute--Independence of officers--Rights of
colonists--Position of colonial agent.
Article signed "Candidus," July 1st . . .
Convention of clergy.
To Arthur Lee, July 31st . . .
Conditions in London--Effects of faction and of arbitrary
power--Attitude of Hutchinson--Disturbances in North Carolina
Article signed "Candidus," August 5th . . .
Address of clergy--Character of convention.
Article signed "Candidus," August 19th . . .
Custom of "addressing"--Public opinion of Administration--Stamp
Act--Events in 1768--Character of addresses.
Article signed "Candidus," September 9th . . .
Assertion of rights by colonists--Factions--Revenue acts.
Article signed "Candidus," September 16th . . .
Circular letter of February, 1768--The mandate to rescind--Letter to
Hillsborough of June, 1768--Refusal to rescind.
Article signed "Candidus," September 23d . . .
Dissolution of General Assembly--Charter rights of General
Assembly--Royal instructions.
To Arthur Lee, September 27th . . .
Remonstrance of London--Despotism in Massachusetts--Cause of colonial
grievances--Possiblity of impeachment--Opposition to an American
episcopate--Introduction of William Story.
Article signed "Candidus," September 30th . . .
Letters of Bernard--Disorders in 1768--Letters of commissioners.
To Arthur Lee, October 2d . . .
Comments on William Story.
Article signed "Candidus," October 7th . . .
Salary of Governor--Attitude of Hutchinson.
Article signed "Candidus," October 14th . . .
Historic instances of slavery and tyranny--Comparison of America and
Rome--Liberties of America.
Article signed "Valerius Poplicola," October 28th . . .
Acts of trade--Subjection and allegiance--Legislative power in
Massachusetts--Jurisdiction of Parliament.
To Arthur Lee October 31st . . .
Action of Council on "Junius Americanus"--Relationship of office
holders--Attitude of House of Representatives--The "Hue and Cry."
To Joseph Allen, November 7th . . .
Personal advice.
Article signed "Candidus," November 11th . . .
Jeroboam as a Governor--Attitude of the clergy.
To Arthur Lee, November 13th . . .
Proclamation by the Governor--Its reception by the clergy.
Article signed "Cotton Mather," November 25th . . .
Salary of Governor--Provisions of the charter.
Article signed "Candidus," December 2d . . .
Attitude of the people--Reply to "Chronus"--Royal instructions.
Article signed "Candidus," December 9th . . .
Jealousy of liberty--Control of revenue--Powers of Governor.
Article signed "Candidus," December 16th . . .
Reply to "Chronus."
Memorandum, December 18th . . .
Alleged criticism of Hancock
Article signed "Candidus," December 23d . . .
Effect of petitioning--Control of funds--Infringement of liberties.
1772.
To Henry Marchant, January 7th . . .
Election in London--Activity of government agents--Policy of Crown
officers.
To Arthur Lee, January 14th . . .
Attitude of Government.
Article signed "Candidus," January 20th . . .
Acts of trade--Power of taxation--Colonial right of
legislation--Extent of "Dominion."
Article signed "Candidus," January 27th . . .
Acts of trade--Magna Charta.
To the Governor of Massachusetts, April 10th . . .
Answer of House of Representatives--Place of meeting of General
Assembly--Power of Governor over sessions.
Article signed "Vindex," April 20th . . .
Reply to "Philanthrop Jun."
To the Governor of Massachusetts, July 14th . . .
Answer of the House of Representatives--Repair of Province House.
Article signed "Valerius Poplicola," October 5th . . .
Tribute--Effect of petitions--Freemen or slaves?
To Andrew Elton Wells, October 21st
Family affairs--Royal power over colonial government.
To Elbridge Gerry, October 27th . . .
Independence of judges.
To Elbridge Gerry, October 29th . . .
Independence of judges--Action of Boston.
To Arthur Lee, November 3d . . .
Retirement of Hillsborough--Character of Dartmouth--Independence of
judges--Action of Boston.
To Elbridge Gerry, November 5th . . .
Concert of action--Action of Boston--Independence of judges.
To Elbridge Gerry, November 14th . . .
Activity in Marblehead--Rights as Christians--Attitude of Roxbury and
Plymouth.
The Rights of the Colonists as Men, as Christians, and as Subjects,
November 20th . . .
A List of Violations of Rights, November 20th . . .
A Letter of Correspondence, November 20th . . .
Article Signed "Vindex," November 30th . . .
To Aaron Davis--Character of Doctor Young.
To Arthur Lee, November 31st . . .
Proceedings of Boston--Activity of public enemies--Action of Roxbury
and Plymouth.
To Elbridge Gerry, December 7th . . .
Acknowledgment.
To William Checkly, December 14th . . .
Personal reflections.
Article Signed "Candidus," December 14th . . .
Criticism of Draper's Gazette--Proceedings of Boston . . .
To Elbridge Gerry, December 23d . . .
Proceedings of Marblehead.
To Darius Sessions, December 28th . . .
Response to request for advice--The Rhode Island commission--Effect on
judiciary system.
To the Committee of Correspondence of Cambridge, December 29th . . .
Acknowledgment of Boston committee for their endorsement.
To the Committee of Correspondence of Plymouth, December 29th . . .
Acknowledgment of Boston committee for their endorsement--Character of
early settlers.
1773.
To Darius Sessions, January 2d . . .
The issue in Rhode Island--Advice to the colony--Probabilities
considered.
To the Governor of Massachusetts, January 26th . . .
Answer of the House of Representatives--Jurisdiction of
Parliament--Colonial charters--Rights of colonists--Historical
precedents.
To the Committee of Correspondence of Lynn, February 9th . . .
Acknowledgment of Boston committee--Diffusion of liberty.
To Darius Sessions, February . . .
Futher advice upon political situation.
To the Governor of Massachusetts, February 12th . . .
Message of the House of Representatives--Independence of
judges--Attitude of Governor.
To John Adams . . .
On reply to Governor.
To the Governor of Massachusetts, March 2d . . .
Answer of House of Representatives--Proceedings of Boston--Rights of
King in colonies--Jurisdiction of Parliament--Historical precedents
THE WRITINGS OF
SAMUEL ADAMS.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, January 8, 1770.]
--"And the Governor for the time being shall have full power and
authority from time to time as he shall judge necessary, to adjourn,
prorogue and dissolve all Great and General Courts or Assemblies met
and conven'd as aforesaid."--1
THE power delegated by this clause to the Governor was undoubtedly
intended in favor of the people--The necessity and importance of a
legislative in being, and of its having the opportunity of exerting
itself upon all proper occasions, must be obvious to a man of common
discernment. Its grand object is the REDRESS OF GRIEVANCES: And for
this purpose it is adjudg'd that parliaments ought to be held
frequently--The people may be aggriev'd for the want of having a good
law made, as well as repealing a bad one: So they may be, by the mal
conduct of the executive in its manner of administring justice
wrongfully under colour of law. In all these cases and many others,
the necessity of the frequent interposition of the legislative
evidently appears. And if either of them, much more, if all of them
should at any time be justly complain'd of by the people, the
adjourning, proroguing or dissolving the legislative, at such a
juncture, must be the greatest of all grievances--There may be other
reasons for the sitting of an American assembly besides the correcting
any disorders arising from among the people within its own
jurisdiction.--Some of the Acts of the British parliament are
generally thought to be grievous in their operation, and dangerous in
their consequences to the liberties of the American subjects: An
American legislative therefore, in which the whole body of the people
is represented, ought certainly to have the opportunity of explaining
and remonstrating their grievances to the British parliament, and the
full exercise of that invaluable and uncontroulable Right of the
subject to petition the King, as often as they judge necessary, 'till
they are removed. To postpone a meeting of this universal body of the
people till it is too late to make such application must be a
frustration of one grand design of its existance; and it naturally
tends to other arbitrary exertions.--I have often tho't that in former
administrations such delays to call the general assembly, were
intended for the purpose above-mentioned: And if others should have
the same apprehension at present I cannot help it, nor am I answerable
for it. It may not be amiss however for every man to make it a subject
of his contemplation. We all remember that no longer ago than the last
year, the extraordinary dissolution by Governor Bernard, in which he
declared he was merely ministerial, produced another assembly, which
tho' legal in all its proceedings, awaked an attention in the very soul
of the British empire.
It is not to be expected that in ordinary times, much less at such an
important period as this is, any man, tho' endowed with the wisdom of
Solomon, at the distance of three thousand miles, can be an adequate
judge of the expediency of proroguing, and in effect even putting an
end to an American legislative assembly; and more especially at a time
when the evil spirit of Misrepresentation is become so atrocious, that
even M. . .y itself is liable to be wrongly informed!--It is for this
reason that the delegation of this power to the governor for the time
being, appears to be intended in favor of the people: That there might
be always at the head of the province, and resident therein, as the
charter provides, a person of untainted integrity, candor,
impartiality and wisdom, to judge of and determine so essential a
point--A point, in which I should think, no person who justly deserves
this character, can be passive or merely ministerial, against his own
judgment and conscience. Whenever therefore a Governor for the time
being, adjourns, prorogues or dissolves the general assembly, having
the full power and authority delegated to him of judging from time to
time of the Necessity of it, we ought to presume that he exercises
that power with freedom: That he determines according to the light of
his own understanding, and not anothers: That he clearly sees that it
will answer those purposes which he himself judges to be best; having,
as a man of fidelity in his station ought, thoro'ly revolv'd the
matter in his own mind: And, that however flattering the concurrent
sentiments of any other man may be, he would have been impelled to do
it, from the dictates of his own judgment, resulting from his own
contemplation of the matter, if he had not received the "express
command of his superior." Such a man "will bravely act his mind, and
venture--Death."
VINDEX.
1B. P. Poore, The Federal and State Constitutions, 1878, vol. i., p.
949. vol. ii.--i.
ARTICLE SIGNED "DETERMINATUS."
[Boston Gazette, January 8, 1770.]
To the Printers.
The agreement of the Merchants of this distressed and insulted
continent, to with hold importations from Great Britain, it seems to
be allowed on all sides, has the strongest tendency towards the repeal
of the acts of parliament for raising a revenue in America without our
consent. It is no wonder then, that it was oppos'd with so much
vehemence at first, by the Cabal; who knew full well, that their
Places and their Pensions, and all teh delectable profits which they
expected to reap, and are now actually reaping, at the expence of the
people in town and country, would entirely cease, if these acts, by
the means of which their places, pensions and profits arise should be
repealed--When they could no longer with any face call it the last
efforts of a dying faction, (for the measure was so rational and
pacific, that it soon spread far and wide, and was chearfully adopted
by all disinterested friends of the country thro'-out the continent)
they put on the appearance of the Sons of Liberty; and now their cry
is, Where is that Liberty so much boasted of and contended for? We
hear them very gravely asking, Have we not a right to carry on our own
trade and sell our own goods if we please? who shall hinder us? This
is now the language of those who had before seen the ax laid at the
very root of all our Rights with apparent complacency,--And pray
gentlemen, Have you not a right if you please, to set fire to your own
houses, because they are your own, tho' in all probability it will
destroy a whole neighbourhood, perhaps a whole city! Where did you
learn that in a state or society you had a right to do as you please?
And that it was an infringement of that right to restrain you? This is
a refinement which I dare say, the true sons of liberty despise. Be
pleased to be informed that you are bound to conduct yourselves as the
Society with which you are joined, are pleased to have you conduct, or
if you please, you may leave it. It is true the will and pleasure of
the society is generally declared in its laws: But there may be
exceptions, and the present case is without doubt one.--Suppose there
was no law of society to restrain you from murdering your own father,
what think you? If either of you should please to take it into your
head to perpetrate such a villainous act, so abhorrent to the will of
the society, would you not be restrained? And is the Liberty of your
Country of less importance than the life of your father! But what is
most astonishing is, that some two or three persons of very little
consequence in themselves, have Dared openly to give out that They
Will vend the goods they have imported, tho' they have Solemnly
pledg'd Their Faith to the body of merchants, that they should remain
in store 'till a general importation should take place! Where then is
the honor! where is the shame of these persons, who can look into the
faces of those very men with whom they have contracted, & tell them
Without Blushing that they are resolved to Violate the contract! Is it
avarice? Is it obstinacy, perverseness, pride, or from what root of
bitterness does such an unaccountable defection from the laws of
honor, honesty, and even humanity spring? Is it the Authority Of An
Unnatural Parent--the advice of some false friend, or their own want
of common understanding, and the first principles of virtue, by which
these unhappy young persons have been induced, or left to resolve upon
perpetrating that, at the very tho't of which they should have
shudder'd! By this resolution they have already disgrac'd themselves;
if they have the Hardiness to put the resolution into practice, who
will ever hereafter confide in them? Can they promise themselves the
regards of the respectable body of merchants whom they have affronted?
or can they even wish for the esteem of their country which they have
basely deserted, or worse, which they have attempted to wound in the
very heart.--If they imagine they can still weary the patience of an
injured country with impunity.--If--I will not utter it--would not the
grateful remembrance of unmerited kindness and Generosity, if there
was the least spark of ingenuity left, have Influenced to a far
different resolution!--If this agreement of the merchants is of that
consequence to All America which our brethren in All the other
governments, and in Great-Britain Itself think it to be--If the fate
of Unborn Millions is suspended upon it, verily it behooves, not the
merchants Only, but every individual of Every class in City and
Country to aid and support them and Peremptorily To Insist upon its
being Strictly adhered to.
DETERMINATUS.
THE TOWN OF BOSTON TO THE LIEUTENANT-GOVERNOR OF MASSACHUSETTS1
[MS., Office of the City Clerk of Boston.]
To his Honor the Lieutenant Governor in Council
The Memorial of the Town of Boston legally assembled in Faneuil Hall
Monday March 19 1770
Humbly shews
That with deep Concern they are made to understand that thro the
Providence of God diverse of his Majestys Justices of the Superior
Court are renderd unable to attend the Duties of their important Trust
by bodily Indisposition.
That there are a great Number of Prisoners now in his Majestys Gaol in
the County of Suffolk, of whom fifteen are confind for Tryal for
capital offences.
That the Sherriff of said County has been under Apprehension of the
Escape of said Prisoners as appears by his Letter to the Town hereto
annexd to be laid before your honor.
That there are a great Number of Witnesses in the Cases of the late
Trajical Murder in Boston many of whom are Seamen & detaind to their
very great Disadvantage & possibly some of them may be under
Temptation to absent themselves from the Tryal.
All which the Town beg leave humbly to represent to your honor as
cogent Reasons for the Tryal of the said Prisoners as early as
possible in the present Term.
Wherefore your Memorialists humbly pray your Honor to appoint special
Justices in the Room of those taken off as aforesaid,2 in order for
the Tryal of the said Prisoners, or otherwise that your Honor wd take
such Steps to prevent the Delay of Justice at this important Crisis as
in your Wisdom shall seem meet.
And as in Duty bound your Memsts shall ever pray.
Signd in Behalf of the Town at the Meeting aforesaid.
1Samuel Adams, John Hancock, and John Barret were on March 19, 1770,
appointed by the Boston town-meeting "a Committee to draw up a
Memorial to the Lieuvetenant Governor and Council praying that special
Justices may be appointed for the Superior Court now sitting in the
room of those who may be necessarily prevented by sickness from
attending their duty; that so the Tryals of the many Criminals now
committed may not be postponed. . . ." At the same session the
committee reported a draft, which was accepted.--Boston Record
Commissioners' Report, vol. xviii., p. 15. [back]
2At this point the words "whom the Town reverence & esteem" were
stricken from the original draft.
TO JOHN HANCOCK.
[MS., Samuel Adams Papers, Lenox Library; a text with slight
variations is in W. V. Wells Life of Samuel Adams, vol. i., p. 343.]
BOSTON May 11 1770
DEAR SR
Your Resolution yesterday to resign your seat gave me very great
Uneasiness. I could not think you had sufficient Ground to deprive the
Town of one whom I have a Right to say is a most valueable Member,
since you had within three of the unanimous Suffrages of your Fellow
Citizens, & one of the negative Votes was your own.1 You say you have
been spoken ill of. What then? Can you think that while you are a good
Man that all will speak well of you--If you knew the person who has
defamd you nothing is more likely than that you would justly value
your self upon that mans Censure as being the highest Applause. Those
who were fond of continuing Mr Otis on the Seat, were I dare say to a
Man among your warmest friends: Will you then add to their
Disappointment by a Resignation, merely because one contemptible
person, who perhaps was hired for the purpose, has blessd you with his
reviling--Need I add more than to intreat it as a favor that you would
alter your Design.
I am with strict truth
Your affectionate friend & Brother.
1At the Boston town-meeting on May 8, 1770, Hancock received, as a
candidate for representative, 511 out of 513 votes. On June 13, 1770,
William Palfrey, acting for Hancock, wrote to Haley and Hopkins: "The
removal of the General Court to Cambridge obliges Mr Hancock to be
often there." John Hancock. His Book, by A. E. Brown, p. 167.
A COMMITTEE OF THE TOWN OF BOSTON TO BENJAMIN FRANKLIN.
[MS., Collections of the Massachusetts Historical Society; an
incomplete draft is in the Samuel Adams Papers, Lenox Library; the
latter text only is in the handwriting of Adams.]
BOSTON July 13th: 1770
SIR,
It affords very great Satisfaction to the Town of Boston to find that
the Narrative of the horrid massacre perpetrated here on the 5th of
March last which was transmitted to London,1 has had the desired
effect; by establishing truth in the minds of honest men, and in some
measure preventing the Odium being cast on the Inhabitants, as the
aggressors in it. We were very apprehensive that all attempts would be
made to gain this Advantage against us: and as there is no occasion to
think that the malice of our Enemies is in the least degree abated, it
has been thought necessary that our friends on your side the Water,
should have a true state of the Circumstances of the Town and of
everything which has materially occurred, since the removal of the
Troops to the Castle. For this purpose we are appointed a Committee:2
But the time will not admit of our writing so fully by this
Conveyance, as we intend by the next, in the mean time we intreat your
further friendship for the Town, in your Endeavours to get the
Judgment of the Public suspended, upon any representation that may
have been made by the Commissioners of the Customs and others, until
the Town can have the Opportunity of knowing what is alleged against
it, and of answering for itself. We must confess that we are
astonished to hear that the Parliament had come to a determination, to
admit Garbled extracts from such Letters as may be received from
America by Administration and to Conceal the Names of the Persons who
may be the Writers of them. This will certainly give great
Encouragement to Persons of wicked Intentions to abuse the Nations &
injure the Colonies in the grossest manner with Impunity, or even
without detection. For a Confirmation hereof we need to recur no
further back than a few months, when undoubtedly the Accounts and
Letters carried by Mr. Rob[in]son would have been attended with very
unhappy if not fatal effects, had not this Town been so attentive as
to have Contradicted those false accounts by the depositions of many
credible persons under Oath. But it cannot be supposed that a
Community will be so Attentive but upon the most Alarming Events: In
general Individuals are following their private concerns, while it is
to be feared the restless Adversaries are forming the most dangerous
Plans for the Ruin of the Reputation of the People, in order to build
their own Greatness on the Distruction of their liberties. This Game
they have been long playing; and tho' in some few instances they have
had a loosing hand, yet they have commonly managed with such Art, that
they have so far succeeded in their Malicious designs as to involve
the Nation and the Colonies in Confusion and distress. This it is
presumed they never could have accomplished had not these very letters
been kept from the view of the Public, with a design perhaps to
conceal the falsehood of them the discovery of which would have
prevented their having any mischievous effects. This is the Game which
we have reason to believe they are now playing; With so much Secrecy
as may render it impossible for us fully to detect them on this Side
of the Water; How deplorable then must be our Condition, if ample
Credit is to be given to their Testimonies against us, by the Government
at home, and if the Names of our Accusers are to be kept a profound
Secret, and the World is to see only such parts or parcells of their
Representations as Persons, who perhaps may be interested in their
favor, shall think proper to hold up--Such a Conduct, if allowed,
seems to put it into the Power of a Combination of a few designing
men to deceive a Nation to its Ruin. The measures which have been
taken in Consequence of Intelligence Managed with such secrecy,
have already to a very great degree lessened that Mutual Confidence
which had ever Subsisted between the Mother Country and the Colonies,
and must in the Natural Course of things totally alienate their
Affections towards each other and consequently weaken, and in the
End destroy the power of the Empire. It is in this extended View
of things that our minds are affected--It is from these Apprehensions
that we earnestly wish that all communication between the two Countries
of a public nature may be unvailed before the public: with the names
of the persons who are concerned therein, then and not till then will
American affairs be under the direction of honest men, who are never
afraid or ashamed of the light. And as we have abudent reason to be
jealous that the most mischievous and virulent accounts have been
very lately sent to Administration from Castle William where the
Commissioners have again retreated for no reason that we can conceive
but after their former manner to misrepresent and injure this Town and
Province,--we earnestly intreat that you would use your utmost influence
to have an Order passed that the whole of the packetts sent by the
Commissioners of the Customs and others under the care of one Mr Bacon
late an officer of the Customs in Virginia, who took his passage the
last week in the Brigantine Lydia Joseph Wood Commander may be laid
before his Majesty in Council--
If the Writers of those Letters shall appear to be innocent, no harm
can possibly arise from such a measure; if otherwise, it may be the
means of exploring the true Cause of the National and Collonial
Malady, and of affording an easy remedy, and therefore the measure
must be justified & applauded by all the World.
We have observed in the English Papers, the most notorious falsehoods
published with an apparent design to give the World a prejudice
against this Town, as the Aggressors in the unhappy Transaction of the
5th of March, but no account has been more repugnant to the truth,
than a paper printed in the public Advertiser3 of the 28th of April
which is called The case of Capt. Preston. As a Committee of this Town
we thought ourselves bound in faithfulness to wait on Capt Preston to
enquire of him whether he was the Author--he frankly told us that he
had drawn a state of his case, but that it had passed thro different
hands and was altered at different times, and finally the Publication
in the Advertiser was varied from that which he sent home as his own;
we then desired him to let us know whether several parts which we
might point to him and to which we took exception were his own, but he
declined Satisfying us herein, saying that the alterations were made
by Persons who he supposed might aim at serving him, though he feared
they might have a Contrary effect, and that his discriminating to us
the parts of it which were his own from those which had been altered
by others might displease his friends at a time when he might stand in
need of their essential Service; this was the Substance of the
Conversation between us, whereupon we retired and wrote to Capt
Preston a Letter the Copy of which is now inclosed.4
The next day not receiving an answer from Capt. Preston at the time we
proposed, we sent him a message desiring to be informed whether we
might expect his answer to which he replied by a Verbal Message as
ours was that he had nothing further to add to what he had said to us
the day before, as you'l please to observe by the inclosed
Certificate--
As therefore Capt Preston has utterly declined to make good the
charges against the Town in the Paper called his case or to let us
know to whom we may apply as the Author or Authors of those parts
which he might have disclaimed, and especially as the whole of his
case thus stated directly militates not only with his own Letter
published under his hand in the Boston Gazette, but with the
depositions of others annexed to our Narrative which were taken, not
behind the Curtain as some may have been, but openly and fairly, after
notifying the Parties interested, and before Magistrates to whose
credit the Governor of the Province has given his full attestation
under the Province Seal, we cannot think that the Paper called the
Case of Capt. Thomas Preston, or any other Paper of the like import
can be deemed in the opinion of the sensible and impartial part of
mankind as sufficient, in the least degree to prejudice the Character
of the Town. It is therefore altogether needless for us to point out
the many falsehoods contained in this Paper; nor indeed would there be
time for it at present for the reason above mentioned--We cannot
however omit taking notice of the artifice made use of by those who
drew up the statement, in insinuating that it was the design of the
People to plunder the King's Chest, and for the more easily effecting
that to murder the Centinel posted at the Custom House where the money
was lodged. This intelligence is said to have been brought to Capt
Preston by a Townsman, who assured him that he heard the mob declare
they would murder the Centinel.--The townsman probably was one
Greenwood a Servant to the Commissioners whose deposition Number 96.5
is inserted among others in the Narrative of the Town and of whom it
is observed in a Marginal Note, that: "Through the whole of his
examination he was so inconsistent, and so frequently contradicted
himself, that all present were convinced that no credit ought to be
given to his deposition, for which reason it would not have been
inserted had it not been known that a deposition was taken relating to
this affair, from this Greenwood by Justice Murray and carried home by
Mr. Robinson," and further "this deponent is the only person, out of a
great number of Witnesses examined, who heard anything mentioned of
the Custom House." Whether this part of the Case of Capt Preston was
inserted by himself or some other person we are not told. It is very
much to be questioned whether the information was given by any other
than Greenwood himself, and the sort of Character which he bears is so
well known to the Commissioners and their Connections some of whom
probably assisted Capt Preston in stating his Case, as to have made
them ashamed if they regarded the truth, to have given the least
credit to what he said.--Whoever may have helped them to this
intelligence, we will venture to say, that it never has been and never
can be supported by the Testimony of any Man of a tolerable
reputation. We shall only observe upon this occasion, how inveterate
our Enemies here are, who, rather than omit what they might think a
lucky opportunity of Slandering the Town, have wrought up a Narrative
not only unsupported by, but contrary to the clearest evidence of
facts and have even prevailed upon an unhappy Man under pretence of
friendship to him, to adopt it as his own: Though they must have known
with a common share of understanding, that it's being published to the
world as his own must have injured him, under his present
Circumstances, in the most tender point, and so shocked was Capt
Preston himself, at its appearing in the light on this side the Water,
that he was immediately apprehensive so glaring a falsehood would
raise the indignation of a people to such a pitch as to prompt them to
some attempts that would be dangerous to him, and he accordingly
applyed to Mr Sheriff Greenleaf for special protection on that
account: But the Sheriff assuring him that there was no such
disposition appearing among the People (which is an undoubted truth)
Capt Preston's fears at length subsided: and he still remains in safe
custody, to be tried by the Superior Court of Judicature, at the next
term in August; unless the Judges shall think proper further to
postpone the Trial, as they have done for one whole term, since he was
indicted by the Grand Jury.
Before we conclude it may not be improper to observe that the removal
of the troops was in the Slowest order, insomuch that eleven days were
spent in carrying the two Regiments to Castle Island, which had before
landed in the Town in less than forty eight hours; yet in all this
time, while the number of the Troops was daily lessening, not the
least disorder was made by the inhabitants, tho' filled with a just
indignation and horror at the blood of their fellow Citizens, so
inhumanely spilt! And since their removal the Common Soldiers, have
frequently and even daily come up to the Town for necessary
provisions, and some of the officers, as well as several of the
families of the soldiers have resided in the Town and done business
therein without the least Molestation; yet so hardy have our Enemies
been as to report in London that the enraged populace had hanged up
Capt Preston.
The strange and irreconcileable conduct of the Commissioners of the
Customs since the 5th of March--their applying for leave to retire to
the Castle as early as the tenth, and spending their time in making
excursions into the Country 'till the 20th of June following, together
with other material Circumstances, are the subject of our present
enquiry; the result of which you will be made acquainted with by the
next conveyance. In the mean time we remain with strict truth.--
Sir
Your much obliged
and most Obedient Servants
THOMAS CUSHING,WM PHILLIPS,
RI DANA,WM MOLINEUX,
SAML ADAMS,EBENEZER STORER,
JOHN HANCOCK,WM GREENLEAF
1Under the date of March 23, 1770, James Bowdoin, Samuel Pemberton and
Joseph Warren, as a committee of the town of Boston, wrote to Lord
Dartmouth, enclosing a narrative of the events of March 5 and a
certified copy of the vote of town, on March 22, directing them to
transmit the printed narrative. The original letter is No. 320 of Lord
Dartmouth's American MSS., at Patshull House. The text of the same
letter, which was addressed to the Duke of Richmond and others, is in
A Short Narrative of the Horrid Massacre in Boston, New York, 1849.
(This is reprinted, with notes by John Doggett, Jr., from a copy of
the original edition of 1770, in the library of the New York
Historical Society. Another reprint, with notes by Frederic Kidder,
was published at Albany, 1870.) The Additional Observations to a Short
Narrative, 1770, are reprinted by Doggett, pp. 109-117. Cf.,
Proceedings of Colonial Society of Massachusetts, April 1900, pp.
13-21.
2The town of Boston, on July 10, 1770, appointed a committee of nine,
including Adams, Hancock, Dana, Cushing and Joseph Warren, to prepare
a "true state" of the town and of the acts of the commissioners since
March 5.
3Published in London. The "Case" was also printed in the Annual
Register, 1771. Cf., Boston Gazette, June 25, 1770.
4Under date of July II, 1770. A copy is in S. A. Wells, Samuel Adams
and the American Revolution, vol. i., pp. 230-232.
5The affidavit of Thomas Greenwood, sworn to March 24, 1770, is
printed in Doggett's edition of the Short Narrative, pp. e Short
Narrative, pp.101-103.
THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE LIEUTENANT
GOVERNOR.
[MS., Boston Public Library; a text, with many modifications of
detail, is in Massachusetts State Papers, pp. 240-248; it was also
printed in the Boston Gazette, August 6, 1770.]
In the House of Representatives August the 3 1770
Orderd that Mr Hancock Cap Thayer Mr Pickerin Cap Fuller and Cap
Sumner carry up to the Honbl Board the following Answer of this House
to his Honors Speech to both Houses at the opening of this Session
THOMAS CUSHING Spkr
1 May it please your Honor
The House of Representatives, having duly attended to your Speech2 to
both Houses at the Opening of this Session, and maturely considerd the
several parts of it, have unanimously, in a full House determind to
adhere to their former Resolution "that it is by no means expedient to
proceed to Business, while the General Assembly is thus constraind to
hold the Session out of the Town of Boston." Upon a Recollection of
the Reasons we have before given for this measure, we conceive it will
appear to all the World, that neither the good People of this
Province, nor the House of Representatives can be justly chargd with
any ill Consequences that may follow it. After the most repeated &
attentive Examination of your Speech, we find Nothing to induce us to
alter our Opinion, and very little that is new & material in the
Controversy: But as we perceive it is publishd, it may possibly be
read by some who have never seen the Reasons of the House; and as
there are specious things containd in it, which may have a Tendency to
make an unhappy Impression on some minds, we have thought proper to
make a few Observations upon it.
You are pleasd to say, "you meet us at Cambridge, because you have no
Reason to think there has been any Alteration in his Majestys
Pleasure, which you doubt not was determind by wise motives, & with a
gracious Purpose to promote the Good of the province." We presume not
to call in Question the Wisdom of our Sovereign or the Rectitude of
his Intentions: But there have been Times, when a corrupt and
profligate Administration have venturd upon such Measures, as have had
a direct Tendency, to ruin the Interest of the People as well as that
of their Royal Master.
This House have great Reason to doubt, whether it is, or ever was his
Majestys Pleasure that your Honor should meet the Assembly at
Cambridge, or that he has ever taken the matter under his Royal
Consideration: Because, the common and the best Evidence in such
Cases, is not communicated to us.
It is needless for us to add any thing to what has been heretofore
said, upon the Illegality of holding the Court any where except in the
Town of Boston: For admitting the Power to be in the Governor to hold
the Court in any other place when the publick Good requires it; yet,
it by no means follows that he has a Right to call it at any other
place, when it is to the manifest Injury & Detriment of the Publick
The Opinion of the Attourney and Solicitor General has very little
Weight with this House in any Case, any farther than the Reasons which
they expressly give are convincing. This Province has sufferd so much
by unjust, groundless & illegal Opinions of those officers of the
Crown, that our Veneration or Reverence for their Opinions is much
abated. We utterly deny that the Attuorny & Solicitor General have any
Authority or Jurisdiction over us; any Right to decide Questions in
Controversy, between the several Branches of the Legislature here: Nor
do we concede, that even his Majesty in Council has any Constitutional
Authority to decide such Questions, or any other Controversy whatever
that arises in this Province, excepting only such Matters as are
reservd in the Charter. It seems a great Absurdity, that when a
Dispute arises between the Governor and the House, the Governor should
appeal to his Majesty in Council to decide it. Would it not be as
reasonable for the House to appeal to the Body of their Constituents
to decide it? Whenever a Dispute has arisen within the Realm, between
the Crown & the two Houses of Parliament, or either of them, was it
ever imagind that the King in his privy Council had Authority to
decide it? However there is a Test, a Standard common to all, we mean
the publick Good. But your Honor must be very sensible that the
Illegality of holding the Court in any other place besides the Town of
Boston is far from being the only Dispute between your Honor & this
House: we contend, that the People & their Representatives have a
Right to withstand the abusive Exercise of a legal & constitutional
Prerogative of the Crown. We beg Leave to recite to your Honor what
the Great Mr Locke has advancd in his Treatise of civil Government,
upon the like Prerogative of the Crown. "The old Question, says he,
will be asked in this matter of Prerogative, who shall be Judge when
this Power is made a right Use of?" And he answers, "Between an
executive Power in being with such a Prerogative, and a Legislature
that depends upon his Will for their convening, there can be no Judge
on Earth, as there can be none between the Legislative & the People,
should either the Executive or Legislative when they have got the
Power in their Hands, design or go about to enslave or destroy them.
The People have no other Remedy in this, as in all other Cases, where
they have no Judge on Earth, but to appeal to Heaven. For the Rulers,
in such Attempts, exercising a Power the People never put into their
Hands (who can never be supposd to consent that any Body should rule
over them for their Harm) do that which they have not a Right to do.
And when the Body of the People or any single Man is deprivd of their
Right, or under the Exercise of a Power without Right, and have no
Appeal on Earth, then they have a Liberty to appeal to Heaven whenever
they judge the Cause of sufficient moment. And therefore, tho the
People cannot be judge, so as to have by the Constitution of that
Society any superior Power to determine and give effective Sentence in
the Case; yet they have by a Law antecedent & paramount to all
positive Laws of men, reservd that ultimate Determination to
themselves which belongs to all Mankind where there lies no Appeal on
Earth viz to judge whether they have just Cause to make their Appeal
to Heaven." We would however, by no means be understood to suggest
that this People have Occasion at present to proceed to such
Extremity.
Your Honor is pleasd to say, "that the House of Representatives in the
year 1728, did not think the Form of the Writ, sufficient to justify
them in refusing to do Business at Salem"; It is true they did not by
any Vote or Resolve determine not to do Business yet the House, as we
read in your Honors History, "met and adjournd from Day to Day without
doing Business";3 and we find by the Records, that from the 31 of
October 1728 to the 14th of December following the House did meet and
adjourn without doing Business; And then they voted to proceed to the
publick & necessary Affairs of the province "provided no Advantage be
had or made, for and by Reason of the aforesaid Removal (meaning the
Removal to Salem) or pleaded as a precedent for the future." Yet your
Honor has been pleasd to quote the Conduct of that very House, as a
precedent for our Imitation. We apprehend their proceeding to
Business, & the Consequences of it viz, the Encouragement it gave to
Governor Burnet to go on with his Design of harrassing them into
unconstitutional Compliances, and the Use your Honor now makes of it
as an Authority and a Precedent, ought to be a Warning to this House
to make a determind & effectual Stand. Their Example, tho respectable,
is not obligatory upon this House.--They lived in times, when the
Encroachments of Despotism were in their Infancy.--They were carried
to Salem, by the mere Caprice of Governor Burnet, who never pleaded an
Instruction for doing this--An Instruction from a Ministry who had
before treated them with unexampled Indignity--An Instruction which
they were not permitted to see. They had no Reason to apprehend a fixd
Design to alter the Seat of Government, to their great Inconvenience
and the manifest Injury of the Province.
We are not disposd to dispute the Understanding, Integrity, Familys &
Estates of the Council in 1728. We believe them to have been such,
that if they were now upon the Stage, they would see so many
additional & more weighty Reasons against proceeding to Business out
of Boston, that they would fully approve of the Resolution of this
House; as well as of what has been lately advancd by their Successors,
who are also Gentlemen of Understanding, Integrity, Fortune and
Family, in the following Words; "Governor Burnets Conduct in convening
the General Court out of Boston, cannot be deemd an acknowlegd or
constitutional Precedent, because, it was not founded on the only
Reason on which the Prerogative of the Crown can be justly founded,
The Good of the Community." We shall only add, that the Rights of the
province having been of late years most severely attackd, has inducd
Gentlemen to examine the Constitution more thorowly, & has increasd
their Zeal in its Defence.
You are pleasd to adduce an Instance in 1754 in Addition to that in
1747, which you say "makes it probable, that the House of
Representatives rather chose that the Court should sit elsewhere, when
a Comittee was chosen to consider of and report a proper place for a
Court House at a Distance from Boston". We beg Leave here to observe,
that both these are Instances of the House's interresting themselves
in this Affair, which your Honor now claims as a Prerogative: If the
House were in no Case to have a Voice, or be regarded, in chusing a
place to hold the Court, how could they think of building a House in a
place, to which they never had been, and probably, never would be
called.--
While the House have been from time to time, holding up to View, the
great Inconveniencys and manifest Injurys resulting from the Sitting
of the Assembly at Cambridge, and praying a Removal to Boston, it is
with Pain that they have heard your Honor, instead of pointing out any
one good Purpose which can be answerd by it, replying that your
Instructions will not permit you to remove the Court to Boston. By a
royal Grant in the Charter, in favor of the Commons of this province,
the Governor has the sole power of adjourning, proroguing and
dissolving the General Court: And the Wisdom of that Grant appears in
this, that a person residing in the province, must be a more competent
Judge, of the Fitness of the Time, and we may add, the place of
holding the Court, than any person residing in Great Britain. We do
not deny, that there may be Instances when the Comander in Chiefe,
ought to obey the Royal Instructions: And should we also admit, that
in ordinary Cases he ought to obey them, respecting the convening,
holding, proroguing, adjourning & dissolving the General Court,
notwithstanding that Grant; yet we clearly hold, that whenever
Instructions cannot by complyd with, without injuring the people, they
cease to be binding. Any other Supposition would involve this
Absurdity in it, that a Substitute by Means of Instructions from his
Principal, may have a greater Power than the Principal himself; or in
other Words, that a Representative of a King who can do no Wrong, by
means of Instructions may obtain a Right to do Wrong: for that the
Prerogative extends not to do any Injury, never has and never can be
denyd. Therefore this House are clearly of Opinion, that your Honor is
under no Obligation to hold the General Court at Cambridge, let your
Instructions be conceivd in Terms ever so peremptory, in as much as it
is inconvenient and injurious to the province.--As to your Commission,
it is certain, that no Clause containd in that, inconsistent with the
Charter can be binding: To suppose, that when a Grant is made by
Charter in favor of the people, Instructions shall supercede that
Grant, and oblige the Governor to act repugnant to it, vacating the
Charter at once, by the Breath of a Minister of State. Your Honor
thinks you may safely say, "there is not one of us, who if he was in
your Station, would venture to depart from the Instructions ." As you
had not the least Shadow of Evidence to warrant this, we are sure you
could not say it with Safety: And we leave it with your Honor to
determine, how far it is reconcileable with Delicacy to suggest it. In
what particulars the holding the General Court at Cambridge is
injurious to us and the Province, has already been declared by the
House, and must be too obvious to escape your Honors Observation. Yet
you are pleasd to tell us, that "the Inconveniences can easily be
removd, or are so inconsiderable that a very small publick Benefit
will outweigh them"--That they are not inconsiderable, every Days
Experience convinces us; nor are our Constituents insensible of them:
But how they can be easily removd, we cannot conceive, unless by
removing the Court to Boston. Can the publick Offices & Records, to
which we are under the Necessity of recurring, almost every Hour, with
any Safety or Convenience to the publick be removd to Cambridge? Will
our Constituents consent to be at the Expence of erecting a proper
House at Cambridge, for accommodating the General Court, especially
when they have no Assurance that the next Freak of a capricious
Minister will not remove the Court to some other place? Is it possible
to have that Communication with our Constituents, or to be benefited
by the Reasonings of the people without Doors here, as at Boston? We
cannot but flatter ourselves, that every judicious and impartial
Person will allow, that the holding the General Court at Cambridge, is
inconvenient and hurtful to the Province; Nor has your Honor ever yet
attempted to show a single Instance, in which the province can be
benefited by it: No good purpose which can be answerd by it, has ever
yet been suggested by any one to this House. And we have the utmost
Confidence, that our gracious Sovereign, has no Desire to hold the
General Court at any place inconvenient to its Members, or injurious
to the province; but rather, that he will frown upon those, who have
procurd its Removal to such a place, or persist in holding it there.
We are not indeed sure, that the Ministry caused the Assembly to be
removd to Cambridge, in order to worry them into a Compliance with any
arbitrary Mandate, to the Ruin of our own or our Constituents
Libertys: But we know, that the General Assembly has in Times past
been treated with such Indignity and Abuse, by the Servants of the
Crown, and a wicked Ministry may attempt it again.
Your Honor observes, that "the same Exception may be made to the Use
of every other part of the prerogative, for every part is capable of
Abuse." We shall never except to the proper Use of the prerogative: We
hold it sacred as the Liberty of the Subject. But every Abuse of it,
will always be excepted to, so long as the Love of Liberty, or any
publick Virtue remains. And whenever any other part of the prerogative
shall be abusd, the House will not fail to judge for themselves of the
Grievance, nor to exert every power with which the Constitution hath
entrusted them, to check the Abuse, and redress the Grievance.
The House had expressd to your Honor their Apprehension of a fixd
Design, either to change the Seat of Government, or to harrass us, in
order to bring us into Compliance with some arbitrary Mandate: Your
Honor says, you know of no fixd Design to harrass us &c.: Upon which
we cannot but observe, that if you did not know of a fixd Design to
change the Seat of Governmt you would not have omitted so fair an
Opportunity to satisfy the Minds of the House, in a Matter of such
Importance to the Province. As to your very condescending and liberal
Professions, of exercising patience, or using Dispatch, as would be
most agreable to us, we shall be very much obligd to your Honor, for
the Exercise of those Virtues, whenever you shall see Cause to remove
us to our ancient and established Seat: But these professions can be
no Temptations to us, to give up our Privileges.
Your Honor is pleasd to say, that "we consider the Charter as a
Compact between the Crown and the People of this province" and to ask
a Question "Shall one Party to the Compact be held, and not the
other"? It is true, we consider the Charter as such a Compact, and
agree that both Parties are held. The Crown covenants, that a Great &
General Court shall be held, every last Wednesday in May for ever; The
Crown therefore, doubtless is bound by this Covenant. But we utterly
deny, that the people have covenanted to grant Money, or to do
Business, at least any other Business than chusing Officers and
Councellors to compleat the General Court, on the last Wednesday of
May, or in any other Day or Year whatever: Therefore this House, by
refusing to do Business, do not deprive the Crown of the Exercise of
the prerogative, nor fail of performing their part of the Compact.
Your Honor wd doubtless have been culpable had you refusd to call a
General Court on the last Wednesday in May: And the House might have
been equally culpable, if they had refusd to chuse a Speaker and
Clerk, or to elect Councellors, whereby to compleat the General Court;
for in Case of Omission in either part, a Question might arise,
Whether the people would have a Legislature. When the General Assembly
is thus formd, they are impowerd by the Charter, to make, ordain and
establish all Manner of wholesome and reasonable Orders, Laws,
Statutes & Ordinances, Directions and Instructions, either with
penaltys or without. But the Charter no where obliges the Genl Court,
to make any Orders, Laws, Statutes or Ordinances, unless they, at that
time judge it conducive to the publick Good to make them: Much less
does it oblige them to make any Laws &c, in any particular Session,
year or number of years, whenever they themselves shall judge them not
to be for the publick Good. Such an Obligation would leave them the
least Color of Freedom, but reduce them to a mere machine; to the
State the Parliament would have been in, if the Opinion of the two
Chiefe Justices and the three puisne Judges had prevaild in the Reign
of Richard the second "that the King hath the Governance of
Parliament, and may appoint what shall be first handled, and so
gradually what next, in all matters to be treated of in parliament,
even to the End of the parliament; and if any person shall act
contrary to the Kings pleasure made known therein, they are to be
punishd as Traitors"--for which opinion those five Judges had Judgment
as in Case of high Treason.--Your Honor will allow us to ask, Whether
the Doctrine containd in your Question viz, "If you should refuse to
do Business now you are met, would you not deprive the Crown of the
Exercise of the prerogative, and fail of performing your part of the
Compact" which implys a strong affirmation, is not in a Degree, the
very Doctrine of Chiefe Justice Tresilian and the four other Judges
just now mentiond? By convening in Obedience to his Majesty's Writ,
tested by your Honor, and again, at the time to which we are prorogud,
we have submitted to the prerogative, and performd our part of the
Compact.
This House has the same inherent Rights in this Province, as the House
of Commons has in Great Britain. It is our Duty to procure a Redress
of Grievances, and we may constitutionally refuse to grant our
Constituents money to the Crown, or to do any other Act of Government,
at any given time, that is not affixd by Charter to a certain Day,
until the Grievances of the people are redressd. We do not pretend,
that our Opinion is to prevail against his Majestys Opinion: We never
shall attempt to adjourn or prorogue or dissolve the General Court:
But we do hope, that our Opinion shall prevail, against any Opinion
whatever, of the proper time to make Laws and to do Business. And by
exerting this Power which the Constitution has given us, we hope to
convince your Honor and the Ministry of the Necessity of removing the
Court to Boston.--All judicious Men will allow that the proper time
for the House to do their part of the Business of the province, is for
the House to judge of and determine. The House think it is not, in the
present Circumstances of the province, a proper time to do this
Business, while the Court is constraind to hold their Session out of
Boston: Your Honor is of a different Opinion: We have conformd to this
Opinion as far as the Constitution requires us, And now our right of
judging commences. If your Honors or even his Majestys Opinion
concerning this Point is to prevail against the Opinion of the House,
why may not the Crown, according to the Tresilian Doctrine, as well
prescribe what Business we shall do, and in what Order.
The House is still ready to answer for all the ill Consequences which
can justly be attributed to them; nor are they sensible of any Danger
from exerting the power which the Charter has given them of doing
their part of the Business in their own time.--That the Province has
Enemies who are continually defaming it, and their Charter, is
certain; that there are Persons who are endeavoring to intimidate the
province from asserting and vindicating their just Rights and
Liberties, by Insinuations of Danger to the Constitution, is also
indisputable; But no Instance happend, even in the execrable Reign of
the worst of the Stuart Race, of a Forfeiture of a Charter, because
any one Branch of a Legislature, or even because the whole Government
under the Charter, refusd to do Business at a particular time, under
grievous Circumstances of Ignominy, Disgrace and Insult; and when
their Charter had explicitly given to that Government the sole power
of judging of the proper Season & Occasion of doing Business.
We are obligd at this time to struggle, with all the Powers with which
the Constitution hath furnishd us, in Defence of our Rights; to
prevent the most valueable of our Libertys, from being wrested from
us, by the subtle Machinations, and daring Encroachments of wicked
Ministers. We have seen of late, innumerable Encroachments on our
Charter: Courts of Admiralty extended from the high Seas, where by the
Compact in the Charter, they are confind, to numberless important
Causes upon Land: Multitudes of civil Officers, the Appointment of all
which is confind by Charter to the Governor and Council, sent here
from abroad by the Ministry: A Revenue, not granted by us, but torn
from us: Armys stationd here without our Consent; and the Streets of
our Metropolis, crimsond with the Blood of our fellow
Subjects.--These, and other Grievances and Cruelties, too many to be
here enumerated, and too melancholly to be much longer born by this
injurd People, we have seen brot upon us by the Devices of Ministers
of State. We have seen & had of late, Instructions to Governors which
threaten to destroy all the remaining Privileges of our Charter. In
June 1768, the House, by an Instruction were orderd to rescind an
excellent Resolution of a former House, on pain of Dissolution;4 they
refusd to comply with so impudent a Mandate, and were dissolvd. And
the Governor, tho' repeatedly requested, and tho' the Exigences of the
Province demanded a General Assembly, refusd to call a new one, till
the following May. In the last year, the General Court was forcd to
give Way to regular Troops, illegally quarterd in the Town of Boston,
in Consequence of Instructions to Crown Officers, and whose main Guard
was most daringly and insultingly placd at the Door of the State
house; and afterwards they were constraind to hold their Session at
Cambridge. The present year the Assembly is summond to meet, and is
still continued there in a kind of Duress, without any Reason that can
be given--any Motive whatever, that is not as great an Insult to them,
and Breach of their Privilege, as any of the foregoing.--Are these
things consistent with the Freedom of the House; or, could the General
Courts tamely submiting to such Usage, be thought to promote his
Majestys Service!
Should these Struggles of the House prove unfortunate and ineffectual,
this Province will submit, with pious Resignation to the Will of
Providence; but it would be a kind of Suicide, of which we have the
utmost Horror, thus to be made the Instruments of our Servitude.
We beg leave before we conclude, to make one Remark on what you say,
that "our Compliance can be of no Benefit to our Sovereign, any
farther than as he interests himself in the Happiness of his
Subjects." We are apprehensive that the World may take this for an
Insinuation, very much to our Dishonor: As if the Benefit of our
Sovereign were a Motive in our Minds, against a Compliance. But as
this Imputation would be extremely unjust, so we hope it was not
intended by your Honor. We are however obligd in Justice to our selves
and our Constituents to declare that if we had Reason to believe, that
a Compliance would by any, the least Benefit to our Sovereign, it
would be a very powerful Argument with us; But we are on the Contrary,
fully perswaded, that a Compliance at present, would be very injurious
and detrimental to his Majestys Service.
1From this point the manuscript is wholly in the handwriting of Adams.
2Massachusetts State Papers, pp. 237-240.
3Inaccurately quoted from T. Hutchinson, History of the Province of
Massachusetts Bay, vol. ii., p. 317.
4See Vol. I., p. 230.
ARTICLE SIGNED "A CHATTERER."1
[Boston Gazette, August 13, 1770.]
Messieurs EDES & GILL,
"What availed the good Qualites of Galba? He who should not have
employed bad Men, or at least should have restrained or punished them,
incurred the same Censure as if he himself had done it!--It is the
common Craft of corrupt Ministers to represent their Cause as the
Cause of their Prince."
His Honor the Lieutenant Governor, in his late Reply2 to the House of
Representatives, tells them, that "a Secretary of State has by Virtue
of his Office free Access" to the King; & "receives the Signification
of his Majesty's pleasure"; from whence he concludes that "he will
give no directions but what he knows to be agreable thereto", and
therefore "every order coming from a Minister of State, must be
suppos'd to come immediately from the Crown"--This is reasoning
plausibly enough; but before I can give my full Assent to the
Conclusion, I must have good Grounds to believe this same Secretary to
be a Man of Wisdom and Integrity; a Character, which however
requisite, does not always belong to a Minister of State. If he is
deficient in both or either of these, we can have no Assurance, that
every Order coming from him is declaratory of the Pleasure of the
Sovereign: His want of Wisdom may render him altogether incapable of
understanding the Mind of his royal Master; or, failing in point of
Integrity he may maliciously and traiterously pervert his benevolent
Intentions for the Good of his Subjects. Whenever Orders are given by
a Secretary of State, that are evidently calculated to injure the
Publick, we are by no Means to suppose them to come immediately from
the Crown, for the King can do no Wrong: Will his Honor have us
believe that the King can do a weak & foolish, or a malevolent and
wicked Act? If not, such Instructions are to be look'd upon as the
acts of the Minister and not of the King. Ministers of state were
formerly shields to the persons of Kings from such kind of
imputations; but it is much to be feared, if care is not taken to
prevent it, the idle whimsies of Ministers, their weakness and folly,
or their daring and impudent attempts to destroy the Liberties of the
People, will be attributed to a Cause which no one, to be sure at
present, will chuse to mention.--I hope his Honor's reasoning, and his
correspondent Conduct, does not lead to this--The House of
Representatives seem to be aware of the Danger of such Doctrine, when
they expressly say, "They presume not to call in question the Wisdom
of their Sovereign or the rectitude of his Intentions"; at the same
time that they speak with a manly Freedom, of certain Instructions
that have come from Ministers of State, and even treat them with
Indignity and Contempt. His Honor presumes "they would not have done
this, if they had known it to be an Order from his Majesty." I believe
they would not; they saw reason to think that the Mandate to rescind
in June 1768, was the mere act of a weak Minister; and as his Honor
does not give the least Intimation, that he either knows or believes
to the Contrary, I must beg leave to say, that in my poor Opinion, the
Epithet given to it by the House, is neither "coarse" nor "indecent."
We seem, Messrs. Printers, to be drawing very near the time, when some
people will be hardy enough to dispute, whether we are to be governed
according to the rule of the Constitution, the building of which has
been the Work of Ages, or to use the words of the House, by the
"breath of a Minister of State."--Instructions, form'd by a set of
Ministers, calculated for certain purposes and sent over to a
Governor, who to avoid their high Displeasure and the terrible Effects
of it, must implicitly believe, or say he believes them, to come
immediately from the King; and the House of Representatives must by no
means controvert them, lest, as Bernard once impudently told them,
they should be chargeable with "oppugnation against the King's
authority."3
There is a sort of Impropriety, as I take it, in saying that every
Order from a Minister of State comes immediately from the Crown.
However, little Inaccuracies in diction are not to be regarded in a
performance fraught with reason and sound argument: It is rather to be
wondered at that we meet with so few Imperfections, since we are
assured by his Honor that he had taken "one Day only for his Reply" to
an Answer which he intimates cost a Committee of the House full Eight
Days hard Labor.4 Some men are said to have intuitive knowledge; and
such have nothing to do but write down pages of unanswerable reasons
as fast as the Ink can flow.
It was doubtless from this opinion that "every Order from a Secretary
of State comes immediately from the King," or as his Honor elsewhere
more properly expresses it, is a 'Signification of his Majesty's
pleasure,' that he concludes it to be his Majesty's pleasure that he
should not communicate them; for such a prohibitory order is said to
come from the Secretary. But the House seemed to think it impossible
that our gracious King, should hold his Subjects to a blind obedience
to Orders which they were not permitted to see; and therefore
concluded, and as I humbly conceive very justly, that this order in a
particular manner, was to be suppos'd to be an Act of the Minister and
not of the King--His Honor indeed speaks of it with great Veneration;
and tells them that "the restraint he is under appears to him to be
founded upon wise Reasons." But from this alone, he could not with
certainty conclude that the Order came immediately from the King; for
it is undoubtedly his Honor's opinion, that the present set of
Ministers are very wise men, tho' not so wise as his Majesty; and
therefore he might take it for granted, the Order was founded on wise
reasons if it had come from them only. But as in these times of Light
and Liberty, every man chuses to see and judge for himself, especially
in all matters which are prescribed to him as rules of faith and
practice; it is pity his Honor did not condescend to communicate those
wise reasons, that the House and the People without Doors, here and
there "a transient Person" who may have a common share of
understanding, might judge whether they appeared to them to be reasons
becoming the Wisdom of a King, or only as the House somewhere express
it, "the freaks of a capricious Minister of State."
If I have leisure I shall write you again. In the mean Time, I am,
Your's,
A CHATTERER.
1The succeeding articles of this series were attributed to Adams by
George Bancroft. This is confirmed by apparently contemporaneous
annotations in the file of the Gazette owned by Harbottle Dorr, at one
time a selectman of Boston. At the trial of Capt. Preston in November,
1770, he was drawn as a juror and "challenged for cause." An
advertisement of his business appears in the Boston Gazette, October
1, 1770.
2August 3, 1770, Massachusetts State Papers, pp.249-254.
3May 29, 1766 Massachusetts State Papers, p. 75.
4Massachusetts State Papers, p. 254.
ARTICLE SIGNED "A CHATTERER."
[Boston Gazette, August 20, 1770.]
"One of the greatest indications of Wisdom that a Prince can show, is
to converse with and have about him virtuous and wise Men: But Princes
are liable to be deceived; Fraudum sedes aula, was the saying of a
Philosopher who understood Courts well.--A good Prince may suffer by
employing bad Ministers and Servants."
MESSIEURS PRINTERS,
WE are told in a late reply, that "the offices of Attornies and
Sollicitors-General have been for more than fifty years past filled up
by persons of the highest reputation for learning and integrity."1 I
am apt to think, if we look back we shall find that some of these
officers of the crown have been as deficient in learning or integrity,
or both, as we know some ministers of state have been. The house of
Representatives say, "the province has suffer'd much by their unjust,
groundless and illegal opinions"--2 Among other instances of weakness
or wickedness in some persons who have filled these offices, I shall
only mention one which now occurs to my mind--There is an act of
Parliament which exempts seamen from an impress in America: This act
was upon several occasions urged by the Americans, and it has been the
opinion of attornies and sollicitors general, at different times, that
the act was limitted to a time of war, when in truth there was no part
or clause whatever in it to justify such opinion.--Well then may it be
called a groundless opinion; and if groundless, will any one insist
that there was no defect in these instances in point of integrity, if
not of learning--Perhaps these opinions may appear to his Honor to be
founded upon wise reasons; but others who cannot see the force of
these reasons, have a right to think differently; and such a freedom
is not likely to bring dishonor upon them--It is enough for those who
are dependent upon the great for commissions, pensions, and the like,
to preach up implicit faith in the great--Others whose minds are
unfettered will think for themselves--They will not blindly adopt the
opinions even of persons who are advanced to the first stations in the
courts of law and equity, any further than the reasons which they
expressly give are convincing.--They will judge freely of every point
of state doctrine, & reject with disdain a blind submission to the
authority of mere names, as being equally ridiculous, as well as
dangerous in government and religion.--It may have been, Messirs.
Printers, too much the practice of late, for some plantation
governors, like Verres either ancient or modern, to oppress and plague
the people they were bound to protect, and, perhaps in obedience to
"orders that have come from secretaries of state"--These orders truly
were to be treated with as profound veneration, without the least
enquiry into their nature and tendency, as ever a poor deluded
Catholic reverenc'd the decree of Holy Father at Rome.--While such a
disposition prevailed, O how orderly were the people, how submissive
to government! But when once a statute or the constitution was
pleaded, which it was as dangerous for the people to look into, as it
would be for an Italian, after the example of the noble Bereans, to
search the scriptures, the secretary of state was to be informed that
the people were become rebellious; as they said of St. Paul for
preaching doctrines opposite to the humour of the Jewish Masters, that
he "turned the world upside down"--The whole ministerial cabal was
summoned; opinions were called for and taken--and however ludicrous,
to say the best of them, those opinions were, if the people did not
swallow them down as law & reason, they were told, that the freedom
they used with the characters of great men forsooth "would bring
dishonor upon them" and standing armies were sent to convince them of
the reasonableness of these opinions--I confess that "too great a
respect cannot be paid to the honorable part of the profession of the
law," but when state-lawyers, attorneys and sollicitors general, &
persons advanced to the highest stations in the courts of law,
prostitute the honor of the profession, become tools of ministers, and
employ their talents for explaining away, if possible the Rights of a
kingdom, they are then the proper objects of the odium and indignation
of the public.--A very judicious author has observed that "our
maladies and dangers have originated chiefly in the errors and
misconduct of ministers; who from defect of ability or fidelity, or
both, were unequal to the wants of a kingdom: A great genius, infinite
knowledge and infinite care, says he, are requisite to form a prime
minister; but youth and dissipation, with the trainings of the turf
and the gaming table, will now suffice to make a man master of the
most difficult trade in the world, without learning it"--Such were the
men, under whose Influence Attorneys and Sollicitors General, within
these fifty Years past, have held their places, and have even been
advanced to the highest Stations in the Courts of Law, without any
other recommendation than a servile disposition to prostitute the Law
and the Constitution, whenever their Masters should require it of
them--Such have been the Men, from whom Orders have come to Governors
and Commanders in Chief, civil and military in America! And shall we
easily be persuaded to take it for granted that such men are incapable
of abusing the high trust reposed in them, and that Orders coming from
them are always to be considered as "Significations of the pleasure of
the Sovereign."--
Your's,
A CHATTERER.
ARTICLE SIGNED "A CHATTERER."
[Boston Gazette, August 27, 1770.]
MESSIEURS PRINTERS,
I Find in the last Monday's Evening Post,1 a Piece, signed Probus; the
Intention of which seems to be, at least in Part, to show that I must
be "effectually disappointed in my Attempt to convince the World that
I am a greater Scholar than the Lieutenant-Governor of this Province"!
Now upon the Word of a Chatterer, I declare to all my kind Readers, as
well as Hearers, that I never did make the least Pretension to
Scholarship; and besides, the World must long have been so fully
convinced of the "profound Erudition" of the Lieutenant-Governor of
this Province, that it would be the highest Degree of Vanity in any
Man to think of rivaling him as a Scholar. It was obvious to common
Readers that "what comes from the King thro' his Minister, does not
come immediately from the King"--And yet every Paper of the 6th of
August led us to think that an "Expression in itself repugnant and
absurd", had, perhaps thro' Inadvertency, drop't even from a learned
Pen--So far was I from "bravely attacking the Word immediately," or
"entering into a formal Criticism," or any Criticism at all, that I
but barely mentioned it as a "little inaccuracy"; at the same Time
making the best Apology I could for it, by saying that as his Honor
had assured us he "had taken one Day only for his Reply" it was rather
to be wonder'd at, that we met with so few Imperfections of that kind.
But Probus has rectify'd the Mistake, and Probus has vindicated the
Lt. Governor of this Province as a Scholar.--We Chatterers, Messrs.
Printers, have as much Pretension to the Character of the Gentleman,
as any such formal and grave kind of folks as Probus: But I did not
think myself under any obligation "as a Gentleman or an honest Man" to
hunt after the Original, and therefore I have no Acknowlegment to make
to any one for "a faulty Neglect in not seeing it before my
Publication." I suppos'd, as any one might, that the printed Copies
were agreable to the original; and, that our Enemies may not avail
themselves of the common Artifice, in representing the Advocates for
the People as endeavoring to deceive the public I do again declare,
that "in my Conscience I thought the printed Copy to be genuine"; and
I hereby bear my Testimony, as far as that will go, against any Abuse
being offered to Probus, which, poor Man, he either is, or affects to
be under Apprehensions of, for rectifying this Mistake: But as few
persons beside his Honor the Pope, lay Claim to Infallibility, upon
due Consideration it seemeth not, that I am guilty of such high Crime
and Misdeameanour, as by any Rule in Law to be subjected to Indictment
or ex officio Information. However, I think it incumbent on you to
suffer your Readers to be advertiz'd, that instead of immediately in
his Honor's Reply to the House of Representatives, as published in
your Paper of the 6th of August, they ought to read mediately; which
may prevent some other Chatterer from rudely attempting to convince
the World that he is "a greater Scholar than the Lt. Governor of this
Province;" Such an attempt perhaps may otherwise be made at a Distance
where Probus may not have it in his Power to set right this notable
Mistake--The Word being thus restored, the Passage will remain just as
liable to the Chatterer's Exception, notwithstanding all that Probus
has said, as if it stood as it did; for the whole that was intended,
was, to show, that we ought to take the Characters of Ministers of
State into Consideration, before we conclude, as his Honor would have
us, that every Order from them comes mediately from the Crown, or is a
Signification of his Majesty's Pleasure.
There is in the same Evening Post, as well as the Boston Post-Boy &
Advertiser,2 & also in the Gazette of Thursday last, an Advertisement
wherein the same Notice is taken of this Assault and Battery of mine
upon the Scholarship of the Lieutenant Governor of this Province--I am
sorry that my poor Publication, which seems after all to be of no more
Significancy in their Opinion than "a Man of Straw" has given so great
Uneasiness to some of his Honor's Friends--This Advertiser indirectly
chargeth me with Indecency in "undertaking to answer a Governor's
Message." Now I did not undertake to anwer a Governor's Message; and
to speak plain, I did not think it worth while to undertake it--I
believe I am not alone in the Opinion, that some messages might easily
be answered, & possibly each in "one Day only": But if I had
undertaken it, where in the Name of common sense would have been the
Indecency of it? I know very well that it has been handed as a
political Creed of late, that the Reasoning of the People without
Doors is not to be regarded--But every "transient Person" has a Right
publickly to animadvert upon whatever is publickly advanc'd by any
Man, and I am resolv'd to exercise that Right, when I please, without
asking any Man's Leave--And moreover, I am free to say, that if ever a
Governor's Message should happen to be below the Attention of a
Scholar, no Person can more aptly take Notice of it, that I know of,
than
A CHATTERER.
1The Boston Evening Post, published by T. & J. Fleet.
2The Massachusetts Gazette and Boston Post-Boy Advertiser, published
by Mills and Hicks.
THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO BENJAMIN FRANKLIN.1
[Boston Gazette, July 22, 1771: a text is printed in Papers Relating
to Public Events in Massachusetts, Philadelphia, 1856, 169-177.]
PROVINCE OF MASSACHUSETTS-BAY
NOV. 6, 1770.
SIR,
The House of Representatives of this his Majesty's province, having
made choice of you to appear for them at the court of Great Britain,
as there may be occasion; it is necessary that you be well informed of
the state and circumstances of the province, and the grievances we
labor under, the redress of which will require your utmost attention
and application.
You are sensible that the British parliament have of late years
thought proper to raise a revenue in America without our consent, by
divers acts made expressly for that purpose; The reasons and grounds
of our complaints against those acts, are so well known and understood
by you, that it is needless for us to mention them at this time.
The measures that have been taken by the American assemblies, to
obtain the repeal of these acts, tho' altogether consistent with the
constitution, and clearly within the bounds of the Subjects Rights,
have been nevertheless disgustful to administration; to whom we have
been constantly represented by the servants of the crown and others on
this side the water, in the most disagreeable and odious light.
Whether this province has been considered as having a lead among the
other colonies, which they have never affected, or whether it is
because Governor Bernard, the Commissioners of the Customs and others,
who have discovered themselves peculiarly inimical to the Colonies,
have had their residences here, certain it is, that the resentment of
government at home has been particularly pointed against this
province: For it is notorious that we have been charged with taking
inflammatory measures, tending to create unwarrantable combinations,
to excite an unjustifiable opposition to parliament, and revive
unhappy divisions among the Colonies; and we have frequently been
censured as disobedient to government for parts of conduct which have
been in no wise dissimular to those which have been taken by other
colonies without the least censure or observation.
While administration appeared to have conceived undue prejudices
against us, our enemies have not failed to take every measure to
increase those prejudices; and particularly by representing to the
King's ministers, that a spirit of faction had so greatly and
universally prevailed among us, as that government could not be
supported, and it was unsafe for the officers of the crown to live in
the province and execute their trusts, without the protection of a
military force: Such a force they at length obtained; the consequence
of which was a scene of confusion & distress for the space of
seventeen months, which ended in the blood and slaughter of his
Majesty's good subjects.
It was particularly mortifying to us to see the whole system of civil
authority in the province, yielding to this most dangerous power; and
at the very time when the interposition of the civil magistrate was of
the most pressing necessity, to check the wanton and bloody career of
the military, the Lieutenant-Governor himself declared, as Governor
Bernard had before, that "he had no authority over the King's troops
in the province," and his Majesty's representative in Council became
an humble supplicant for their removal out of the town of Boston! What
would be the feelings of our fellow-subjects in Britain, if contrary
to their Bill of Rights, and indeed to every principle of civil
government, soldiers were posted even in their captial, without the
consent of their Parliament? And yet the subjects of the same Prince
in America who are entitled to the same freedom, are compelled to
submit to as great a military power as administration shall please to
order to be posted among them in a time of profound peace, without the
consent of their assemblies! And this military power is allowed to
trample upon the laws of the land, the common security, without
restraint! Such an instance of absolute uncontroul'd military tyranny
must needs be alarming, to those who have before in some measure
enjoy'd, and are still entitled to the blessings of a free government,
having never forfeited the character of loyal subjects.--After the
fatal tragedy of the fifth of March, the regiments under the command
of Lieut. Colonel Dalrymple were removed from the Town of Boston to
the Barracks on Castle Island, in consequence of a petition from the
town to the Lieutenant Governor and his Prayer to the Colonel; since
which, in pursuance of Instruction to the Lieut. Governor, the
garrison there in the pay of the province, is withdrawn, and a
garrison of his Majesty's regular troops placed in their stead. And
although this exchange is made ostensively by the immediate order of
the lieutenant-governor, yet it appears by the inclosed depositions,
that Col. Dalrymple in reality took the custody and government of the
fortress by order of general Gage; and therefore the lieutenant
governor has no longer that command, which he is vested with by the
royal charter.
We cannot help observing upon this occasion, that the instructions
which have of late been given to the governor, some of them at least,
directly militate, as in the present instance, with the charter of the
province; And these instructions are not always adapted to promote his
Majesty's service, or the good of the people within this province, but
often appear to be solely calculated to further and execute the
measures, and enforce the laws of a different state; by which means
his Majesty's colonies may be entirely subjected to the absolute will
of his other subjects in Great Britain, for which there can be no
pretence of right, but what is founded in mere force.--By virtue of
their positive instructions, the general assembly of the province has
been remov'd from its ancient establish'd and only convenient seat in
Boston, and is still obliged to hold its session at Harvard College in
Cambridge, to the great inconvenience of the members and injury of the
people, as well as detriment of that seminary of learning, without any
reason that can be assigned but will and pleasure: And thus the
prerogative of the King, which is a trust reposed in him to be
improved only for the welfare of his subjects, is perverted to their
manifest injury.
And what is still more grievous is, that the Governor of the province
is absolutely inhibited, as we are told, from laying before the
assembly any instruction, which he receives, even such as carry in
them the evident marks of his Majesty's displeasure: By which means
the House of Representatives cannot have it in their power to obtain
here, that precise knowledge of the grounds of our Sovereign's
displeasure, which we are in reason and justice entitled to, nor can
the ministry be made responsible for any measures they may advise to
in order to introduce and establish an illegal and arbitray government
over his Majesty's subjects in the colonies.--We have an instance of
this kind now before us; the Lt. Governor of the province having in
his speech at the opening of this session, given a dark intimation of
something intended against the province, and when the House of
Representatives earnestly desired him to explain it, that they might
have a clear understanding of what was inteded therein, he declared as
he had before done in other like cases, that he was not at liberty to
make public or to communicate by speech or message an order from his
Majesty in council which he had received, although in consequence
thereof the state of the province was to be laid before parliament. By
such conduct in the ministry it appears that we may be again accus'd
and censur'd by parliament as we have heretofore been, and perhaps
suffer the greatest injury without knowing our accusers or the matters
that may be alleg'd against us.
At the same time, by an order of parliament that the names of persons
giving intelligence to the ministry which may at any time be laid
before parliament, shall be made secret even to the members
themselves, the greatest encouragement is given to persons inimical to
the province, to send home false relations of speeches and proceedings
in public assemblies, and elsewhere, containing injurious charges upon
individuals as well as publick bodies: Some of which have been
transmitted home under the seal of the province, without the least
notice given to those individuals, or any but the few in the secret to
attend and cross-examine such witnesses. Thus even parliament itself
may be misled into measures highly injurious and destructive to the
province, by the calumny and detraction of those who are not and
cannot be known, and whose falsehoods cannot therefore be
detected.--So wretched is the state of this province, not only to be
subjected to absolute instructions, given to the governor to be the
rule of his administration, whereby some of the most essential clauses
of our charter, vesting in him powers to be exercis'd for the good of
the people are totally rescinded, which in reality is a state of
despotism; but also, to a standing army, which being uncontroul'd by
any authority within the province, must soon tear up the very,
foundations of civil government.
Moreover we have the highest reason to complain that since the late
parliamentary regulations of the colonies, the jurisdiction of the
court of admiralty has been extended to so enormous a length, as
itself to threaten the very being of the constitution: By the statute
4th Geo. 3 chap. 15, "All forfeitures and penalties inflicted by this
or any other act of parliament relating to the trade and plantations
in America which shall be incur'd there, may be prosecuted, sued for
and recovered in any court of admiralty in the said colonies." Thus a
single judge, independent of the people, and in a civil law court, is
to try these extraordinary forfeitures and penalties without a jury:
Whereas the same stature provides, that all penalties and forfeitures
which shall be incurred in Great Britain, shall be prosecuted, sued
for and recovered in any of his Majesty's courts of record, in
Westminster or in the court of exchequer in Scotland respectively.
Here is the most unreasonble and unjust distinction, made between the
subjects in Britain and America; as tho' it were designed to exclude
us from the least share in that clause of Magna-Charta, which has for
many centuries been the noblest bulwark of the English liberties, &
which cannot be too often repeated; "No freeman shall be taken or
imprison'd or disseiz'd of his freehold, or liberties, or free
customs, or be outlaw'd, or exil'd, or any otherwise destroyed, nor
will we pass upon him nor condemn him, but by the judgment of his
peers or the law of the land."
These are some of the insupportable grievances which this province has
long been laboring under, and which still remain altogether
unredressed: For although they have been set forth in the clearest
manner by humble petitions to the throne, yet such an ascendency over
us have the officers of the crown here in the minds of administration,
that our complaints are scarcely heard; our very petitions are deemed
factious, and instead of obtaining any relief, our oppressions have
been more aggravated, & we have reason to apprehend will be still
increased.
For by the best intelligence from England, we are under strong
apprehensions that by virtue of an act of parliament of the 7 Geo.3.2
which impowers his Majesty to appropriate a part of the revenue raised
in America, for the support of civil government, and the
administration of justice in such colonies where he shall judge it
necessary, administration is determined to bestow large salaries upon
the attorney-general, judges and governor of this province; whereby
they will be made not only altogether independent of the people, but
wholly dependent upon the ministry for their support. These
appointments will be justly obnoxious to the other colonies, and tend
to beget and keep up a perpetual discontent among them; for they will
deem it unjust as well as unnecessary to be oblig'd to bear a part of
the support of government in this province, and even in the courts of
law; especially if designs are also meditating to make other important
alterations in our Charter, by appointing the Council from home, &c.
whereby the executive will be rendered absolute, and the legislative
totally ineffectual to any valuable purpose. The assembly is in all
reason sufficiently dependent already upon the Crown: The one branch
annually for its being, as it is subject to the negative of the
Governor; and both the branches for every grant and appropriation of
their money, and also for their whole defence and security, as he is
Captain-General, and has by Charter the sole military command within
the province: All civil officers are either nominated and appointed by
him with the advice and consent of his Majesty's Council, or if
elected they are subject to his negative: And our laws, after being
consented to by his Majesty's Governor, are by the first opportunity
from the making thereof, to be transmitted to his Majesty for his
approbation or disallowance: Three years they are subject to the
revision of the crown lawyers in Britain, who my always be strangers
to our internal polity, & sometimes disaffected to us: And at any time
within the three years, His Majesty in his privy council may, if he
thinks proper, reject them, and then they become utterly void. Surely
the parliament of Great Britain cannot wish for greater checks, both
upon the legislative and executive of a colony, unless we are to be
considered as bastards and not Sons.--A step further will reduce us to
absolute subjection. If administration is resolved to continue such
measure of severity, the colonies will in time consider the
mother-state as utterly regardless of their welfare: Repeated acts of
unkindness on one side, may by degrees abate the warmth of affection
on the other, and a total alienation may succeed to that happy union,
harmony and confidence, which has subsisted, and we sincerely wish may
always subsist: If Great Britain, instead of treating us as their
fellow-subjects, shall aim at making us their vassals and slaves, the
consequence will be, that although our merchants have receded from
their non-importation agreement, yet the body of the people will
vigorously endeavor to become independent of the mother-country for
supplies, and sooner than she may be aware of it, will manufacture for
themselves. The colonists, like healthy young sons, have been
chearfully building up the parent state, and how far Great Britain
will be affected, if they should be rendered even barely useless to
her, is an object which we conceive is at this very juncture worth the
attention of a British Parliament.
Your own acquaintance with this province, and your well known
attachment to it, will lead you to exert all your powers in its
defence: And as the Council have made choice of William Bollan, Esq;
for their agent, you will no doubt confer with him, and concert such
measures as will promote our common interest: Your abilities we
greatly confide in; but if you shall think it for the advantage of the
province to consult with and employ council learned in the law, the
importance of your agency will be a motive sufficient for us to
acquiesce in such expence on that account, as your own judgment shall
dictate to you to be necessary.
Included are the proceedings of his Majesty's Council of this
province, upon an affidavit of Mr. Secretary Oliver, which this House
apprehend has a tendency to make a very undue impression on the minds
of his Majesty's ministers and others, respecting the temper and
disposition of the people, previous to the tragical transaction of the
fifth of March last: You are therefore desired to make such use of
them as shall prevent such unhappy consequences from taking effect.
1Attributed to Adams by Governor Hutchinson. Hutchinson to Pownall;
Public Record Office, Domestic Geo. III., 11:25. Franklin's reply,
addressed to the Speaker of the House of Representatives under date of
December 24, 1770, is in J. Bigelow, Complete Works of Benjamin
Franklin vol. iv., pp. 371-373.
2Chap. 46.
TO STEPHEN SAYRE.1
[MS., Samuel Adams Papers, Lenox Library.]
BOSTON NOVr 16 1770
SIR,
I should before now have acknowledgd your favor of the 5 June,2 but my
being obligd to attend the Session of the General Court for 7 weeks3 &
other necessary Avocations prevented it. I return the Letters signd
Junius Americanus deliverd to me by Mr Cary,4 by your direction to be
a valueable present. The Author has servd the American Cause in a
manner in which I have long wishd some able pen would have undertaken
to do it by appealing to the good Sense of the Body of the Nation. I
believe the general Inclination there is to wish that we may preserve
our Liberties; and perhaps even the Ministry could for some Reasons
find it in their hearts to be willing that we shd be restord to the
State we were in before the passing of the Stamp Act, were it not that
a Set of detestable Men were continually writing from hence that we
shd carry our Claims still higher & there wd be no Bounds to our
Demands. I can venture to assure you that there is no Foundation for
such Assertions, nor do I think they are really believd by any. The
People here are indeed greatly tenacious of their just Rights & I hope
in God they will ever firmly maintain them. Every Attempt to enforce
the plan of Despotism will certainly irritate them; While they have a
Sense of freedom they will oppose the Efforts of Tyranny; and altho
the Mother Country may at present boast of her Superiority over them,
she may perhaps find the Want of that Superiority, when by repeated
provocations she shall have totally lost their Affections.--All Good
Men surely wish for a cordial Harmony between the two Countrys. Great
Britain can lose Nothing which she ought to retain by restoring the
Americans to their former State, & they I am satisfied will no further
contend; While the Struggle continues Manufactures will still increase
in America in spite of all Efforts to prevent it; & how far Britain
will be injurd by it, ought certainly to be well considerd on your
side the Atlantick.
Our Merchants have receded from their Nonimportation Agreement. They
held it much longer than I ever thought they would or could. It was a
grand Tryal which pressd hard upon their private Interest. But the
Landholders find it for their Interest to manufacture and it is their
happy Consideration that while they are most effectually serving their
Country they are adding to their private fortunes. The representatives
of the people have this day agreed to promote Manufactures in their
respective Towns, & the House have appointed a special Committee5 to
form a plan for the effectual Encouragement of Arts Agriculture
Manufactures & Commerce in this province; & even the Administration of
a Bernard could not tend more to sharpen the Edge of resentment which
will perpetually keep alive the Spirit of Manufactures than that which
we are now blessd with. Lt Governor Hutchinson, more plausible indeed
than Bernard, seems resolvd to push the same plan & the people plainly
see that a Change of Men is not likely to produce a Change of
Measures--so soon are the Words of the one verified when he said of
the other that he could rely upon him as he could on himself.
Our House of Representatives have been inducd to do Business this
Session, against their former remonstrances, principally from a
Necessity which they apprehended they were under of attending to what
mt be doing on your Side the Water. They accordingly chose an Agent. I
gave my Suffrage with about a third part of the House, for Dr Lee--but
Dr Franklin being personally known to many of the Members had the
preference--both the Gentlemen were highly spoken of in the House, &
afterwards Dr Lee was appointed to the Trust, by a very full vote in
Case of the Death or Absence of Dr Franklin.
Our State Tryals as we may call them have at length come on. Preston
is acquitted by a Jury!6 It is to be remarkd that the Baker of the
Regiment, who indeed wd have had himself excusd, and three others were
put on as Talesmen Preston having challengd Eighteen. One of the three
was a known Intimate of Prestons and another had declared before that
if he was to be of the Jury he wd sit till Doomsday before he wd
consent to a Verdict agt him. Evidence to prove that the Soldiers were
the Aggressors of which there was plenty was not admitted. The main
Question was whether he orderd the Men to fire--diverse persons swore
positively that he did, but they differing about the Circumstance of
his Dress, & others swearing, one that he was very near him & did not
hear him give the orders, & others that some other person unknown gave
them, operated in his favor. But no Weight that I can learn was given,
to full proof that he led the Soldiers armd with loaded Musquets &
Bayonets. This he had a Right, nay it was his Duty to do, because the
Centinel was in Danger & we must presume the People were the
Aggressors. This Principle I suppose will clear the Soldiers whose
Tryals begin on Tuesday next.7 Richardson who was convicted of the
Murder of young Snider so long ago as March, remains unhangd, the
Court not having yet determind upon his Motion for another Tryal. You
may easily observe that we have catchd the impartial Spirit of the
Kings friends, a synonimous term for friends of Govt here, from the
Mother Country. I had not the opportunity of attending Prestons Tryal,
but am in hopes of having a minute Accot of it from a sensible
Gentleman who was present--if I can obtain it I will write you more
precisely upon the Subject.
Before I conclude I must mention to you that the Minister has taken a
Method which in my Opinion has a direct tendency to set up a despotism
here, or rather is the thing it self--and that is by sending
Instructions to the Governor to be the rule of his Administration &
forbiding him as the Govr declares to make them known to us, the
Design of which may be to prevent his ever being made responsible for
any measures he may advise in order to introduce & establish arbitrary
power over the Colonies. Mr Hutchinson has pushd this point with all
the Vigour of Bernard, which has occasiond warm messages between him &
the Assembly as you may observe in the Boston Gazette for several
Weeks past. But of this I shall be more particular in my next.
I shall be proud of an epistolary Correspondence with you, and with Dr
Lee to whom tho personally unknown to him I beg you wd make my
Compliments. I am with strict truth.
1A resident of London, and at one time sheriff; his relations with the
colonists appear in the letters printed in this volume.
2A copy is in S. A. Wells, Samuel Adams and the American Revolution,
vol. i. pp. 293, 294.
3The session began September 26 and ended November 20.
4Probably Richard Cary, of Charlestown, Mass. Letters by him are in
Papers Relating to Public Events in Massachusetts, pp. 113, 122, 124.
5On November 16; Samuel Adams was a member of the committee.
6The stenographic report of Preston's trial was sent to England, but
never published in America. Works of John Adams, vol. ii., p. 236.
7The Trial of the British Soldiers of the 29th Regiment of Foot was
published at Boston in 1770, 1807 and 1824, and was reprinted in
History of the Boston Massacre, Albany, 1870, pp. 123-285.
THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT-GOVERNOR OF
MASSACHUSETTS.1
MAY IT PLEASE YOUR HONOR,
The House of Representatives have heretofore view’d with Concern the
deplorable State of the Militia of this Province. But have heretofore
refrained from any public mention of it least some Misconstruction
should be put upon it.
But by the last Advices from GREAT BRITAIN, the NATIONS of Europe
appear to be upon the Eve of a general War; and perhaps America may
be the object in the Eye of some of those Naions.
And when some of the Regiments within this Province are destitute of
Field-Officers, and many Companies without Captains or Subalterns,
the Arms of the Militia we fear are deficient, and military Discipline
too much neglected.
Duty to his Majesty, and a Regard to our own Safety constrain us to
Address your Honor, praying that you would be pleased (as soon as may
be) to fill up the Vacancies in the several Regiments (wherever such
Vacancies are) with such Persons as to your Honor shall seem meet:
And that your Honor would be pleased to use your Endeavours that the
several Officers carefully Discharge the Trust reposed in them. And
should any Amendments in, or Addition to the Laws for regulating the
Militia of this Province be thought needful, at the next Session of
the General Court the House of Representatives will chearfully do all
in their Power towards putting the Militia on a respectable Footing.
1On November 19, 1770, Samuel Adams was appointed a member of a
committee to draft a message to the Lieutenant Governor with reference
to the vacancies in the militia. On the following day Adams reported
to the House a draft, which was accepted.
ARTICLE SIGNED “A TORY.”
[Boston Gazette, November 26, 1770.]
I have thought of several things that have taken place since the
present a-----n1 began, which must needs have given sensible pleasure
to every friend of this province, and possibly were alluded to in a
late pr-----n.2 ---In the first place, the friends of government have
so far prevailed against the faction, as to get the non-importation
plan broke thro’, which had for so long time embarrassed the Ministry
in thier laudable efforts to ESTABLISH A REVENUE in the colonies. The
consequence of this, it is hoped, will be, that the worthy
Commissioners of the customs will be continued; and the troops which
have so eminently protected the lives, and reformed the morals of the
people, will be reinstated; so that the well-affected may enjoy their
places and PENSIONS without molestation from the vulgar. In the next
place, our Castle-William is taken out of the hands of the rude
natives, and put under the government of regular forces; this was an
admirable manoeuvre, which has occasioned the highest joy in the
friends of government, (thank his ----- for it) and in proportion
damp’d the spirits of the faction. And then, such a grand appearance
of tall ships of war in our capital harbour, which were certainly
designed to show us the marks of the greatest respect, (for what other
end could the wise ministry have had in view) and may serve to make
up for the loss of troops, if we should unfortunately not be favoured
with more! --There is also the advantage which his H----r the Lt.
G-----r must reap from some late instructions, which, no doubt, “are
founded in wise reasons,” whereby the great defects in our Charter,
which the friends of government have been long complaining of, may
be supply’d. --I might mention also, a late remarkable deliverance
from death and danger, (blessed a-m-----n!) for it would have been a
great discouragement to the efforts of government. --But no more--
these may be thought to be matters of great thankfulness, and may
suitably employ our minds at the approaching solemnity.
Your’s
A TORY.
Cambridge, Nov. 20, 1770.
1Administration.
2Proclamation.
TO PETER TIMOTHY1
[MS., Samuel Adams Papers, Lenox Library.]
Boston Novr 21 1770
SIR
Ever since I recd your favr of Sept 222 I have been incessantly
employd in the Genl Assembly which met AGREABLE TO INSTRUCTIONS at
Har[vard] Coll[ege] in Cam[bridge]. This I hope will be some Apology
for my not acknowleging it before.
I had recd a Letter from Mr John Neufville Chairman of the Come of
Merchts in Charlestown, inclosing Letters for the Sons of Liberty in
Boston Connecticutt & N Hampshire. The two last of which I forwarded
as soon as possible to such Gentn in the repsective places as I judgd
worthy so excellent a Character. That which was directed for Boston
I unseald, professing my self a Son of Liberty but found it was
designd for the Trade, with whom I was not connected, but as an
Auxiliary in their Nonimportaton Agreement. I therefore deliverd it
to the Chairman of the Come here, and it was read with very great
Approbation, in a large Meeting of the Body of the people. I desire
you wd make my Compts and Apology to Mr Neufville. I verily believd
that the Come of Merchants had duly honord his Letter by returning
an Answer to it, as they had orderd it to be publishd in our papers;
and I candidly suppose they had the same Expectation from me which
may be the occasion that the Letter remaind unanswerd.
The Nonimportation Agreemt since the Defection of New York is entirely
at an end. From the Begining I have been apprehensive it wd fall
short of our Wishes. It was continued much beyond my Expectation:
There are here & I suppose every where, men interrested enough to
render such a plan abortive. Thro the Influence of the Come & Tories
here, Boston had been made to APPEAR in an odious Light; but I wd
not have you believe it to be the true Light. The Merchts in general
have punctually abode by their Agreemt, to their very great private
loss; Some few have found means to play a dishonorable Game without
Detection, tho the utmost pains have been taken. The Body of the
people remaind firm till the Merchts receded. I am very sorry that
the Agreemt was ever enterd into as it has turnd out ineffectual.
Let us then ever forget that there has been such a futile
Combination, & awaken our Attention to our first grand object. Let
the Colonies still convince their implacable Enemies, that they are
united in constitutional Principles, and are resolvd they WILL NOT be
Slaves; that their Dependance is not upon Merchts or any particular
Class of men, nor is their dernier resort, a resolution BARELY to
withhold Commerce, with a nation that wd subject them to despotic
Power. Our house of reps[sic] have appointed a Come to correspond
with our friends in the other Colonies,3 & AMERICAN MANUFACTURES shd
be the constant Theme.
Our young men seem of late very ambitious of making themselves
masters of the art MILITARY.
1Of Charleston, South Carolina.
2Asking why an earlier letter of the Charleston committee had not
been answered. A copy of Timothy’s letter is in S. A. Wells, Samuel
Adams and the American Revolution, vol., i., p. 292.
3Consisting of Samuel Adams, John Adams, Hancock, Hall and Cushing;
appointed November 7, 1770.
TO STEPHEN SAYRE.
[MS., Samuel Adams Papers, Lenox Library.]
Boston 23 Novr 1770
SIR
Capt Scott being detaind by a contrary Wind, and the General Assembly
being now prorogud,1 I have an Opportunity of writing in Addition to
my Letter of the 16 Instt & by the same Conveyance.
As soon as I heard of the Death of our worthy Friend Mr De Berdt, I
was determind, if the House should come to the Choice of an Agent, to
give my Vote for yourself; and I was confirmd in my Resolution when I
found by your Letter of the 5 June2 that such an Appointmt would be
agreable to you. But being afterwards told by a Friend of yours that
you were desirous yourself that Dr Lee might be chosen, which by no
means lessened my Opinion of your Merit, & having also a great
Opinion of Dr Lee, I thought myself happy in a Conclusion that your
Inclination perfectly coincided with my own Judgment. At the same
time, such was my Opinion of your honest Zeal for the Rights of
America and of your Ability to defend them that I could with equal
Satisfaction have voted for Mr Sayer. I am perfectly of your Opinion
that no man shd be the object of our Choice who holds any place at
the Will of the present Administration; how far the House have been
influencd by this Principle you are able to judge.
You will observe by the inclosd papers, to how great a degree
ministerial Instructions are enforcd here. They not only prescribe to
the Assembly which ought to be free the forms of Legislation in the
most essential Parts, but even annihilate the Powers of the Govr
vested in him by Charter.3 Could it possibly be imagind that a man
who is bone of our Bone, & flesh of our flesh--who boasts that his
Ancestors were of the first Rank & figure in the Country, who has had
all the Honors lavishly heapd upon him which his Fellow Citizens had
it in their power to bestow, who with all the Arts of personal
Address professes the strongest Attachmt to his native Country & the
most tender feeling for its Rights. Could it be imagind htat such a
Man shd be so lost to all sense of Gratitude & publick Love, as to aid
the Designs of despotick power for the sake of rising a single step
higher.
“Who would not weep if such a Man there be
Who would not weep if H-----n were he.”
Aut Caesar aut nullus, is inscribd on the Hearts of some Men who have
neither Caesars Learning nor Courage. Caesar three times refusd the
Crown; His Heart & his Tongue evidently gave each other the Lye. Our
modern GREAT MAN, would fain have it thought that he has refusd a
Government, which his Soul is every day panting after & without the
Possesion of which his Ambition & Lust of Power will perpetually
torment him.
The Intelligence in Your Letter of the 18 Sept which I have just now
with pleasure receivd, does not at all surprize me--”His former
Letters” “wrote before Bernard embarkd for England” “have been equally
oppugnant to the Form of your Govt”--And yet this very Man gives out,
that in six months, the Province will be convincd that his Letters are
written in defence of our Charter! So I remember Bernard himself, not
long before his own Letters returnd, declard to both Houses of
Assembly, that if he was at Liberty to make publick the Letters he had
written to the several Boards in favor of the Province, his Enemies
wd blush.--Why does not this Man make his Letters publick? Would not
a Roman Senator have seizd the opportunity of appeasing the Jealousys
of the angry Citizens? But the Body of the people are contemptible.4
This People who know not the Law are accursed, said a haughty Jewish
priest. It has been his Principle from a Boy, that Mankind are to be
governd by the discerning few--and it has ever since been his
Ambition to be the Hero5 of the few.
I have long since been of your Opinion that few great Men in Britain
are entitled to an American Confidence--They will all in their Turns
clamour for us while it is their Interest so to do.--It is the
Business of America to take Care of herself--her salvation as you
justly observe depends upon her own Virtue. Arts & Manufactures aided
by Commerce have raised Great Britain to its present Pitch of
Grandeur. America will avail herself by imitating her. We have already
seen her troops and AS WE HAVE A PROSPECT OF A WAR I hope I may safely
tell you that our YOUNG MEN begin to be ambitious of making themselves
perfect Masters of the Art MILITARY. Amidst the innumerable Evils
which we complain of from the bad policy of YOUR Ministry, this is
the happy Effect of Britains transplanting her Arms in America.
1The prorogation, on November 20, was until January 23, 1771; the next
session actually began April 3, 1771.
2Delivered by Richard Cary. A copy is in S.A. Wells, Samuel Adams and
the American Revolution, vol. i., pp. 293, 294.
3At this point the words “Good God!” are crossed out.
4Before alteration, this sentence read: “But the Body of the people
are too contemptible to be favord with a Sight of them.”
5Originally “Head.”
TO JOSIAH WILLIAMS.
[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is
in W. V. Wells, Life of Samuel Adams, vol. i., pp. 341, 342.]
Boston Novr 23 1770
MY DEAR SR
When you embarkd for London I promisd you I would write by the next
Ship. I did not write--but it was owing to incessant Avocations at
Cambridge & not to an unmindfulness of my promise or a Want of
Inclination to fulfil it. I hope ere now you are safe arrivd. You are
then a Sojourner in one of the most opulent and most luxurious Cities
in the World. Musick is your dear Delight--there your taste will be
improvd. But I fear that Discord will too often discompose you, and
the rude Clamors against your Country will vex you. I rely upon it
that your own good Sense will dictate to you that which will
sufficiently vindicate your Country against foul Aspersion whenever
you may meet with it; and I cannot entertain the least Doubt but you
are possessd with all that patriotick Zeal which will for ever warm
the Breast of an ingenuous young Gentleman. Such a Zeal temperd with
a manly Prudence will render you respectable in political Circles of
Men of Sense. I am sure you will never condescend to be a Companion
of Fools. After telling you what I know will be agreable to you, that
your friends are well, you must allow me to plead haste & conclude at
present with my best Wishes for your Prosperity.
ARTICLE SIGNED “A CHATTERER.”
[Boston Gazette, December 3, 1770.]
We should all remember that British America was well affected to the
nation till MINISTERIAL INNOVATIONS occasion’d these Difficulties.
Anon.
Instead of submitting to MINISTERIAL GUIDANCE, they seem so far led
away by common Sense, and their Regard for the common Welfare, that
they have no Reverence for the INSTRUCTIONS and REFINEMENTS of our
Ministers. Ibid.
Messieurs PRINTERS,
Some time ago I took the liberty of making a few remarks in my poor
manner, upon a SPEECH deliver’d at the close of a session of the
General Assembly: I then thought, and still think that I had good
right and lawful authority so to do, notwithstanding the rebuke which
the VENERABLE Mr. Probus1 then “thought fit” to give me. In imitation
of some of my BRETHREN, I solemnly warned my readers, by way of
applications, of the danger of certain INSTRUCTIONS, or as they were
term’d, “MINISTERIAL MANDATES” we had about that time been told of;
which appear’d to me to be equal to that of REVENUE ACTS, or STANDING
ARMIES to ENFORCE them: I little thought that these instructions, or
mandates, call them what you will, would in their effects have made
so rapid a progress, in so short a time, as I find they have since
THE PRESENT ADMINISTRATION began: For I perceive that our house of
representatives have plainly told the Lt. Governor that “merely in
obedience to INSTRUCTIONS, he has made an ABSOLUTE SURRENDER of Castle
William to his Majesty’s forces, with a MOST EXPRESS RESIGNATION of
his POWER OF GARRISONING the same to Lt. Col. Dalrymple”: and to prove
it they recite his Honor’s orders UNDER HIS OWN HAND, to Capt.
Phillips, to deliver that Fort into the hands of the commanding
officer of his Majesty’s regular forces then upon the island, TO BE
GARRISON’D by such detachment as HE SHOULD ORDER! To this indeed his
honor says, “There is nothing in the orders which I gave to Capt.
Phillips, which does not perfectly consist with my retaining the
command of the Castle, and my right to exchange the present garrison
for the former or any other, as I shall think proper”: But I must
confess, it is mysterious to me, how his Honor can retain the Right
to dismiss Col. Dalrymple and his detachment, WHEN HE PLEASES, or
exchange the present garrison for any other AS HE SHALL THINK PROPER,
after having delivered the fort without any reservation, into the
hands of Col. Dalrymple, in consequence of EXPRESS ORDERS from
another, to be garrison’d by such detachment AS HE SHALL ORDER. I am
not so certain that his Honor, who pays a sacred regard to
instructions, will easily be perswaded to exchange the present
garrison for the former, or any other, however necessary such
exchange may be, without first having leave from the right Hon. the
Earl of Hillsborough, as full and EXPRESS as the orders he receiv’d
from his lordship to place the present garrison there--Others may
reconcile an absolute delegation of power without any reserve, by the
express orders of a superior, with a right retain’d in the person who
is THUS ORDER’D to delegate, to exercise the same power when he
pleases; I have not that INTUITIVE knowledge which some men are said
to be bless’d with, and therefore it will not be thought strange if I
do not see clearly through this mystery in POLITICS.--The house
further observe, that “as his Honor has heretofore repeatedly declared
that he has no authority over the King’s troops in the province,2 it
was absurd to suppose he COULD have the command of a fort, thus
unreservedly surrendered to, and in full possession of such troops”:
Which appears to be a just conclusion; for can any one believe that
Col. Dalrymple will hold himself oblig’d to march the King’s troops
under his command out of that fort, in obedience to the orders of one
who has no authority over them? Think not, Mess. Printers, that I am
now finding fault: For if his Honor has “in this instance divested
himself of a power of governing which is vested in him by the Charter
FOR THE SAFETY of the province”, as wiser heads than mine have
determin’d, who WILL DARE to find fault? It was done by virtue of
instructions; and we are told that instructions from a minister of
state come MEDIATELY from the K-----, and his Honor knows that
instructions, whatever “coarse epithet” may have been bestow’d upon
them, are “founded in very wise reasons”, and ought not to be treated
with contempt--HOLT, SOMERS and others, who near eighty years ago
laid their heads together to form our Charter, were certainly wise
and great men; and King William who gave it was as certainly a wise
and good King: But does not the wisdom of my Lord of H-----h far
exceed theirs? Pray, does not every measure which he has advis’d,
fully evince this to the conviction of all but a few factious fellows
here and there. The FRIENDS OF GOVERNMENT are willing to submit WHAT
JUDGEMENT THEY HAVE to such profound wisdom; and what if our OLD
FASHION Charter should be pared down by INSTRUCTIONS, and a power or
two of the G-----r, vested in him FOR THE SAFETY OF THE PEOPLE, should
even be annihilated by them, we are only to BELIEVE there are very
wise reasons for it, and we shall find that all is for the best.
But it is said that “Mr. Hall the late chaplain (whose deposition was
also taken) has not only not given the House the form of words in
which his Honor committed the CUSTODY of the Castle “according to the
Charter” to Col. Dalrymple, but has substituted words which carry a
very different meaning.” --It is strange that Mr. Hall, whom his
Honor directed to attend him--I suppose as a witness--should so
grosly mistake the meaning of the words. But whatever he may lack in
comprehension, memory or VERACITY, he shall, IF HE LIKES IT, be
touch’d up with the reputation of a very MODEST KIND OF GENTLEMAN;
“he has with GREAT MODESTY declared that he COULD NOT RECOLLECT THE
WORDS”--Mr. Hall’s expression is, “PERHAPS I MAY not recollect the
words EXACTLY”;--and “could ONLY recollect the impression they made
upon his mind”--Here again we find Mr. Hall’s expression to be, “This
as far as I can recollect is the impression they made upon my mind.”
He spoke upon memory, and if he delivered the SUBSTANCE of what he
heard, his not being certain that he recollected the words EXACTLY,
is not material--What then is the substance as deliver’d by Mr. Hall
UNDER OATH, who has the character both of an honest and a sensible
man, altho’ it is said that he substituted words which convey a very
different meaning? It is this; “By virtue of authority deriv’d from
his Majesty to govern this province, and in consequence of EXPRESS
ORDERS from the Right Hon. the Earl of Hillsborough to deliver this
fort into the hands of the commanding officer of the King’s troops
now upon the island to be garrison’d by such detachment or detachments
as HE SHALL THINK PROPER I deliver these keys to you as commanding
officer”. If his Honor has a copy of the EXACT FORM OF WORDS, and will
favor the publick with it, we shall be able to judge where the
difference is, and whether “in our opinion” it is MATERIAL. Perhaps
the words “according to the Charter” which I observe are comma’d in
his Honor’s reply as emphatical, are omitted by Mr. Hall: But if THEY
are a part of the FORM OF WORDS, the house seem to have fully taken
them up by affirming that his Honor has no authority either BY THE
CHARTER or his commission to delegate the power of garrisoning the
Castle to any other person: And “that the SHEW of the authority of
the Governor thus held up serv’d only to make the surrender the more
solemn and formal.” If then he had no such authority to do it either
by Charter or Commission, how could he do it by virtue of the
authority deriv’d from his Majesty to govern the province? unless
that authority is deriv’d to him to govern, SOLELY by the “EXPRESS
ORDERS from the Rt. Hon. the Earl of Hillsborough”--If so, where
indeed “is the freedom of the Governor of this province”: I desire to
know, how his Honor in delivering the keys of the Castle and the
power of garrisoning it to Col. Dalrymple, can be suppos’d to have
exercis’d HIS OWN judgment and election, when he declares he did it
in consequence of EXPRESS ORDERS from another? And that other does not
appear to be his Majesty, but the Rt. Hon. the Earl of Hillsborough
--The whole matter that could exercise his judgment, as it appears to
me, must have been whether he should deliver the fort to Col.
Dalrymple to be garrison’d by such detachment of the regular forces as
he should think proper, in obedience to the EXPRESS ORDERS of Lord
Hillsborough, or retain the Right of committing the custody and
government thereof to such person or persons as to him should seem
meet, by virtue of the authority deriv’d from his Majesty to govern
the province according to the EXPRESS TERMS of the Charter.
I may venture to say, there has not been an instance of this kind
since the date of our Charter; and in the opinion of judicious and
unprejudiced persons, it is a matter of very great moment. Our enemies
may now have the pleasure of seeing the principal fort & key of the
province in the hands of persons who have not the least dependance
upon it; the captial environ’d with ships of war; the General Assembly
removed from its ancient seat, into the country; and the College,
which has been liberally supported by the people for the education of
our youth, has been made a seat of government, under a pretence, as
it is said, of a prerogative in the Crown, to take up any public
buildings;--All by virtue of instructions, which we are implicitly to
believe are founded in wise reasons; while the people thro’out the
province, whether they are sensible of it or not, are every day
contributing to a revenue rais’d by the act of a legislature in which
they are not and cannot be represented, and against their most
earnest petitions and warmest remonstrances! Surely these are not the
blessings of adm-----n for which we are this week to return to
Almighty God our unfeigned thanks.
When the public observe that the House had ordered Mr. Hall’s
deposition to be published at large, and that his Honor was DULY
NOTIFIED TO BE PRESENT at the caption, perhaps it may be thought that
the mention that is made of the “care INDUSTRIOUSLY taken by the
House to omit the reserve” Mr. Hall had made, because it “did not
suit their purpose”, might have been spared. Its not suiting their
purpose, might be a sufficient reason for their ommitting it: But
possibly his Honor’s manner of introducing it, may be taken be some
“to convey a very different meaning.”
As to “the formality of delivering the keys of the fort,” I suppose
it to have been in much the same FORM OF WORDS, as is used, when a
governor who is recalled, delivers them to another who is to succeed
him in the government of the province by his Majesty’s appointment.
--Col. Dalrymple accepted them “in consequence of orders from General
Gage,” without recognizing any subordination to his Honor. Whether he
will ever deliver them to any person, but such as may claim more
authority over the King’s troops in the province than the Lieutenant
Governor has, I very much doubt.--You shall hear from me again.---
In the mean while, I am yours,
A CHATTERER.
1See above, p. 43.
2The identical words used by that warm friend to this province, the
colonies, the nation and all men but himself, Sir F. B. of Nettleham,
Baronet.
ARTICLE SIGNED “VINDEX.”
[Boston Gazette, December 10, 1770.]
To the Printers,
The trial of Capt. Preston and the Soldiers who were indicted for the
murder of Messrs. Gray, Maverick, Caldwell, Carr and Attucks, on the
fatal fifth of March last, occasions much speculation in this Town:
And whatever may be the sentiments of men of the coolest minds abroad,
concerning the issue of this trial, we are not to doubt, but the
Court,1 the Jury, the Witnesses, and the Council on both sides, have
conscienciously acquitted themselves: To be sure, no one in his
senses will venture to affirm the contrary.
I am free to declare my opinion, that a cause of so great importance,
not only to this town, but to all his Majesty’s subjects, especially
to the inhabitants of cities and sea-port towns; who are expos’d to
have troops posted among them, whenever the present administration
shall take it into their heads in his Majesty’s name to send them;
such a cause, I say, ought to be fairly stated to the public; that we
may from thence learn how far we are bound to submit to every band of
soldiers we may meet in the streets, and in what instances we may
venture to interpose and prevent their murdering those whom we may
think to be innocent persons without being liable to be censured for
acting unlawfully, if we escape with our own heads, if we should fall
victims to their rage and cruelty.
It was a question put by the chief magistrate of this province to the
officer who commanded on that bloody evening. “Did you not know that
you should not have fired without the order of a civil magistrate”.
And it was sworn in court in the case of Capt. Preston, that he
answered, “I did it to save my Sentry”: But whatever his answer was,
or however “unsatisfactory” to his Honor, the question plainly implies
that it was the judgment of his Honor, that the soldiers could not
justify themselves in firing upon the people without the order of the
civil magistrate. Yet they did fire without such orders, and killed
five of his Majesty’s good subjects; most, if not all of whom were at
that time, for aught that has yet appear’d, in the peace of God and
the King! They not only fired without the orders of the civil
magistrate, but they never called for one, which they might easily
have done--They went down of their own accord, arm’d with musquets,
and bayonets fix’d, presuming that they were cloath’d with as much
authority by the law of the land, as the Posse Comitatus of the
country with the high sheriff at their head--How little regard is due
to the word fo a m--r, who would fain have flatter’d us into a belief
that the troops were sent here to aid the civil magistrate, and were
never to act without one? And let me observe, how fatal are the
effects, the danger of which I long ago mention’d, of posting a
standing army among a free people!
If his Honor was not mistaken in his judgment, and I presume he was
not, viz. that it was unlawful for them to fire without the order of
the civil magistrate, they were certainly from the beginning, at
least very imprudent and fool-hardy, in going down, arm’d as they
were, with weapons of death, without the direction of the civil
magistrate; especially, if they intended to fire, as I think it is
manifest they did.-- When Captain Preston was asked, Whether the
soldiers intended to fire, he answer’d they could not fire without
his orders: No one will pretend that they had not strength or skill
to pull their trickers; but by the rules of the army, their own rules,
they were restrained from firing till he first gave them orders: Yet
contrary to those very rules they all did fire; all but one, and he
did all he could to fire, for his gun flush’d in the pan--it is said
that when it was urg’d by the council for the crown, that by the
rules of law they ought to have retreated if they were in danger of
their lives; it was answered, that by the rules of the army they
were chain’d as it were to their post--that they dared not to retreat
without the orders of their captain--that in so doing they would have
‘expos’d themselves to a sentence of death in a court martial:’--Yet
we have it from great authority that they would have been distracted
if they had not fired, upon a supposition that they were in danger;
altho’ by the same rules of war they could not have fired any more
than they could have retreated, till the captain order’d them; and
they expos’d themselves to be shot by the sentence of a court martial
if they did fire, as much as they would have done if they had
retreated without his order--Certainly it will not be said, it was
more becoming the bravery of a British soldier, to stand his ground
against the subjects of his own King, and kill them upon the spot,
than to have retreated and deserted the glorious cause, and thus have
saved the lives of his Majesty’s subsjects.
The behavior of the party as they went from the main guard discover’d
an haughty air--they push’d their bayonets and damn’d the people as
they went along--and when they arriv’d at their post, one witness who
is a young gentleman of a liberal education and an unspotted
character, declared, that when they came down there were about ten
persons round the sentry--that one of the prisoners whom he
particularly named, loaded his gun, pushed him with his bayonet and
damn’d him--that about fifty or sixty persons came down with the
party, and that he did not observe the people press on. Another
declared, that when the soldiers were loading, about a dozen
surrounded them, and that several of them struck their guns--that he
saw ice or snow balls thrown, but did not apprehend himself or the
soldiers in danger by any thing he saw--This witness was very near
the soldiers; and will any one wonder, that when the soldiers were
to all appearance meditating the death of people by loading their
guns, while there was no apparent danger to them, some of the people
should strike their guns, to prevent the mischief which they seem’d
to be resolv’d upon.
Another declared, that one of the prisoners whom he also named, struck
him upon the arm with his bayonet as the party came down before they
formed; and that he had then told Capt. Preston that every body was
about dispersing--The characters of these witnesses will not be
contested. Such a conduct surely did not discover the most peaceable
disposition in this lawful assembly of soldiers--One would think that
they intended to assassinate those, who they had no reason to think
had the least inclination to injure them--If these are not instances
of assault, I know not what an assault is: And if they were not an
unlawful assembly before, it may well be suppos’d they were at this
time doing an unlawful act--an act that to be sure very ill became
gentlemen soldiers sent here to curb a rebellious spirit and keep the
peace: But there is a colouring at hand; and because this party did
not knock a witness down, or run him thro’, who had the audacity to
refuse at their sovereign order to move out of the way for them as
they pass’d the street from the main guard to the custom-house, tho’
he had then been push’d with a bayonet by one of them, it is
sufficient to convince all the world of their lamb-like meekness and
immaculate innocence.
I have in a former paper consider’d soldiers when quarter’d in free
cities, in the light of other inhabitants, under the same direction
of the civil magistrate and the same controul of the law of the land:
and that by this law, like all other men, they are to be protected,
govern’d, restrain’d, rewarded or punish’d. If then a soldier has the
right in common with other men, to arm himself for his defence when
he thinks there is a necessity for it, he has certainly no more right
then they, to use his weapons of death at random; or at all under a
pretence of suppressing riots, or any other pretence, without the
presence of the civil magistrate, unless his own life is in danger,
and he cannot retreat: Such a liberty would tend to increase the
disorder rather than suppress it, and would endanger life rather than
save it: In the instances I have mention’d, the lives of the soldiers
were not in danger from the men whom they assaulted: This was early
in the tragical scene, and it was an assault personally upon those
who had not attempted to do them the least injury: How far their lives
were in danger afterwards, and who were in fault, shall be the subject
of free Enquiry in a future paper.
VINDEX.
1The published report, cited above, p. 60, contains the charge to the
jury as given only by Judge Trowbridge and Judge Oliver. All that is
extant of Judge Lynde’s charge to the jury is printed in The Diaries
of Benjamin Lynde and of Benjamin Lynde, Jr., pp. 228-230.
ARTICLE SIGNED “VINDEX”
To the Printers.
That the trial of the soldiers concern’d in the carnage on the
memorable 5th of March, was the most solemn trial that ever was had
in this country, was pronounc’d from the bench. To see eight
prisoners bro’t to the bar together, charg’d with the murder of five
persons at one time, was certainly, as was then observ’d, affecting:
But whoever recollects the tragedy of that fatal evening, will I
believe readily own that the scene then was much more affecting--There
is something pleasing and solemn when one enters into a court of law
--Pleasing, as there we expect to see the scale held with an equal
hand--to find matters deliberately and calmly weigh’d and decided,
and justice administered without any respect to persons or parties,
and from no other motive but a sacred regard to truth--And it is
solemn as it brings to our minds the tribunal of GOD himself! before
whose judgment-seat the scriptures assure us all must appear: And I
have often tho’t that no one will receive a greater share of rewards
at that decisive day, than he who has approv’d himself a faithful
upright judge.
Witnesses who are bro’t into a court of justice, while their veracity
is not impeach’d, stand equal in the eye of the judge; unless he
happens to be acquainted with their different characters, which is
not presum’d--The jury who are taken from the vicinity, are suppos’d
to know the credibility of the witnesses: In the late trials the
witnesses were most if not all of them either inhabitants of this town
or transient persons residing in it, and the jurors were all from the
country: Therefore it is not likely that they were acquainted with the
characters of all the witnesses; and it is more than probable that in
so great a number of witnesses there were different characters, that
is, that some of them were more, others less creditable. If then the
judge, whose province it is to attend to the law, and who, not knowing
the characters of the witnesses, presumes that they are all good, &
gives an equal credit to them, it is the duty of the jurors who are
sovereign in regard to facts, to determine in their own minds the
credibility of those who are sworn to relate the facts: And this in a
trial for murder requires great care and attention. I would just
observe here, that in the last trial there were not less than eighty-
two witnesses for the jury to examine and compare, which was an
arduous task indeed! And I will venture further to observe, that some
of these witnesses who swore very positively were not so creditable
as others, and the testimony of one of them in particular, which was
very precisely related & very peremptory, might have been invalidated
in every part of it. I shall not at present suggest what I take to be
the reason why it was not done. These matters will no doubt have
their place in the history of the present times in some future day,
when the faithful recorder it is to be hoped will, to use the language
of our courts of justice, relate the truth, the whole truth, and
nothing but the truth.
It is enough for the jury to receive the law from the bench: They may
indeed determine this for themselves; but of facts they are ever the
uncontroulable judges. They ought therefore to receive the facts from
the mouths of the witnesses themselves, and implicitly from no other:
Unless the jury particularly attend to this, they may be in danger of
being misled by persons who would be far from doing it with design:
For instance, if one should swear that A being foreworn’d against it,
levell’d his gun and kill’d B: and afterwards it should be forgot,
that the witness also swore that A immediately advanc’d & push’d his
bayonet at C, which pass’d between his waistcoat and his skin; if this
I say should be forgot, and should be overlook’d by the jury when they
are together, perhaps instead of bringing it in murder according to
the rules of the law laid down by the bench, they would bring it in
manslaughter--I do not here affirm that this has ever been a fact: I
mention it as what may hereafter be a fact, and to show the necessity
of a jury’s relying upon facts as they receive them from the witnesses
themselves, and from them alone.
The furor brevis which we have heard much of, the fury of the blood
which the benignity of the law allows for upon sudden provocation, is
suppos’d to be of short duration--the shooting a man dead upon the
spot, must have stopp’d the current in the breast of him who shot him,
if he had not been bent upon killing--an attempt to stab a second
person immediately after, infers a total want of remorse at the
shedding of human blood; and such a temper of mind afterwards
discovers the rancorous malice before, especially if it be proved that
the same man had declated that he would never miss an opportunity so
to do: If this does not imply malice at first, I do not see but he
might have gone on stabbing people in his furor brevis, till he had
kill’d an hundred; and after all, it might have been adjudg’d, in
indulgence to the human passions, excuseable homicide.
The law in its benignity makes allowance for human passions: But the
law is just; and make this allowance upon the principles of justice:
It gives no indulgence to malice and rancour against any individual;
much less against a community or the human species--He who threatens
or thirsts for the blood of the community is an enemy to the publick;
and hostis humani generis, the enemy of mankind consummates the
villain. I will not take upon myself to say that either of these
characters belong to any of the late prisoners--There are two
remaining yet in gaol, convicted of manslaughter, and waiting
judgment of the court. With regard to one of these, namely, Kilroi,
it was sworn that about a week or a fortnight before (the 5th of
March, which must be before the affray at the ropewalks, that
happening on the 2d) he said he would never miss an opportunity of
firing upon the inhabitants, and that he had wanted such--It is said
that these might be words spoken in jest, or without any intention,
when they were spoken, of acting according to their true import &
meaning: But the witness said, he repeated the words several times:
And that after he had told him he was a very great fool for saying so,
he again declared he would never miss an opportunity.--It appears that
the witness himself, as any one might, tho’t him to be in earnest,
and rebuked him for saying so; and in truth, none but a madman, or one
whose heart was desperately wicked, would repeatedly, especially after
such wholesome reproof, have persisted in such a threat; It
discovered, to borrow the expression of a very polite & humane
gentleman, upon another late occasion, a malignity beyond what might
have been expected from a Barbarian.
It was also sworn, that this same Kilroi was with a party of soldiers
in the affray at the Ropewalks a few evenings before the 5th of March,
--and that they had clubs & cutlasses--That Kilroi was of the party of
soldiers that fired in King-street--that as the party came round
before they form’d, Kilroi struck a witness upon his arm--and after
the firing began, Kilroi struck at the same witness, tho’ he had
hear’d nothing said, nor seen any thing done to provoke the soldiers.
--Another witness declared, that he saw Kilroi there, that he knew
him well before, and was positive it was he--that he heard the word
fire, twice, upon which he said to the soldiers, damn you, don’t fire,
and Kilroi fired at once, and killed Gray, who had no weapon, and his
arms were folded in his bosom. Gray fell at the feet of this witness,
and immediately Kilroi pushed his bayonet at the witness, which pass’d
thro’ all his clothes, and came out at his surtuit behind, and he was
oblig’d to turn round to quit himself of the weapon--the witness
suppos’d he designed to kill them both.--How long is this furor
brevis, this short hurricane of passion to last in the breast of a
soldier, when called, not by the civil magistrate, but by his military
officer, under a pretence of protecting a Centinel, and suppressing a
Riot? who had taken with him weapons, not properly of defence, but of
death, and was calm enough in this impetuosity of anger, to load his
gun, and perhaps with design, to level it, for it killed one of the
very men with whom he had had a quarrel but a few evenings before: He
had now a fair opportunity, which he had wished for, and resolved
never to miss, of firing upon the inhabitants. It was said upon the
words he uttered, that if all the unjustifiable words that had been
spoken by the inhabitants of this town, were to be bro’t in judgment
against them, they would have much to answer for.--Those who believe
the letters of governor Bernard, the Commissioners of the customs,
and some others whom I could name, and will name in proper time, may
think so. I dare say, if Bernard could have proved one overt-act of
rebellion or treason, after the many things he pretended had been
said, and he or his tools could have had any influence, the words if
prov’d, would have been adjudg’d to have been said in sober earnest,
and would have been considered as material to have shown the
malignancy of the heart.
This Kilroi’s bayonet was prov’d to be the next morning bloody five
inches from the point. It was said to be possible that this might be
occassion’d by the bayonet’s falling into the human blood, which ran
plentifully in the street, for one of their bayonets was seen to fall.
It is possible, I own; but much more likely that this very bayonet was
stab’d into the head of poor Gray after he was shot, and that this
may account for its being bloody five inches from the point--Such an
instance of Savage barbarity there undoubtedly was.--It was sworn
before the Magistrate who first examined into this cruel tragedy,
though the witness who then swore it, being out of this province,
could not be produced in Court upon the trial. It is not to be
wonder’d at that any material witness was out of the way, when it is
consider’d that the trial did not come on till the secord term, and
nine months after the facts were committed. I shall continue the
subject at my leisure.
VINDEX.
Dec. 11th.
ARTICLE SIGNED “VINDEX.”
[Boston Gazette, December 24, 1770.]
To the Printers.
In the late trials of Preston and the Soldiers, it was observ’d that
the Court constantly from day to day adjourn’d at noon and at sun-set
--Our enemies, who are fruitful in their inventions, may possibly from
hence take occasion to represent that it was dangerous for the Court
to sit in the tumultuous town of Boston after dark. At the first view
it may perhaps bear this complexion in the eye of a prejudiced
stranger; for such adjournments in capital causes it may be were never
before known here: But the representation would be without the least
foundation in truth. It is possible that among other reasons this
might be one, that the judges are all of them, to use the words of a
good old Patriarch, well stricken in years, and one of them labours
under infirmities of Body. I have another observation to make on this
occasion, but I reserve it till a future opportunity.
I have already said that the Soldiers in coming down from the main-
guard to the custom-house behaved with an haughty air--that they
abused the people as they pass’d along--pushing them with their
bayonets--and damning them; and when they had got to their post, they
in like manner abused and struck innocent persons there who offer’d
them no injury--and all this was even before they form’d, in doing
which it does not appear to be danger to them or any one else. These
facts, I think were prov’d, if we may believe persons of good credit,
who declared them upon their oaths in Court:--And that they came down
under a pretence of suppressing a riot, without a civil magistrate or
peace officer, which ought always to be remembered, no one will
dispute.
There was indeed a sort of evidence bro’t into Court, which, if it is
at all to be rely’d upon, may serve to invalidate in some measure what
has been said--namely the declaration of one of the deceas’d persons,
as it was related by a gentleman who dress’d his wounds, and to whom
he is said to have declared it. This man, as the doctor testified,
told him among many other things, that he saw some Soldiers passing
from the main-guard to the custom-house and the people pelted them as
they went along. But whether these Soldiers were Preston and his
party; or other Soldiers who are mention’d by another witness, as
going from the main-guards towards the Centry, having short coats and
arm’d with bayonets, swords or sticks, and one of them with a pair of
kitchen tongs, chasing the people as they went, must remain an
uncertainty--If he meant the former, it is somewhat strange that among
all the witnesses on both sides, no one saw the people pelting them as
they went along but he. This man confess’d to the doctor that he was
a fool to be there--was surprized at the forbearance of the soldiers;
believed that they fired in their own defence & freely forgave the man
that shot him. But it is to be observed, he did not declare this under
oath nor before a magistrate: It was however the dying speech,--very
affecting and all, true no doubt; altho’ no one knew the character of
this believing penitent either in point of veracity or judgment.--By
the testimony of his land-lady in Court, one would not form the best
opinion of him; but de mortuis nil nisi bonum.
There were others ready to be sworn, if the Council for the crown had
thought it worth while to have bro’t them forward, that they also
could relate what this man had told them, viz. that his doctors had
encouraged him that he would soon recover of his wounds, and he hoped
to live to be a swift witness against the soldiers--Great stress was
laid by some upon the simple declaration of this man, who in all
probability died in the faith of a roman catholick. This, however, I
am apt to think, will not disparage his declaration in the opinion
of some great men at home, even tho’ he did not make his confession to
a ghostly physician.
Before I proceed to enquire into the danger the Soldiers were in, if
they were in any at all, and who were in fault, I will take the
liberty to lead the reader back to a consideration of the temper the
Soldiers in general discovered, and their correspondent conduct, for
some considerable time before the fatal tragedy was acted--It is well
known indeed that from their first landing, their behavior was to a
great degree insolent; and such as look’d as if they had enter’d
deeply into the spirit of those who procur’d them,--and really
believed, that we were a country of rebels and they were sent here to
subdue us. But for some time before the fifth of March, they more
frequently insulted the inhabitants who were quietly passing the
streets; and gave out many threats, that on that very night the blood
would run down the streets of Boston, and that many who would dine on
Monday would not breakfast on Tuesday; and to show that they were in
earnest they forewarn’d their particular acquaintance to take care of
themselves--These things were attested before the magistrates by
credible persons under oath.--Accordingly when the Monday evening came
on, they were early in every part of the town arm’d with bludgeons,
bayonets and cutlasses, beating those whom they could, and assaulting
and threatning others--By the way, I will just observe for the
information of a certain honorable gentleman, that the name of
bludgeons was unheard of in this town till the Soldiers arrived--This
behavior put the inhabitants in mind of their threatenings; and was
the reason that those of them who had occasion to walk the streets,
came out arm’d with canes or clubs. Between eight and nine o’clock,
the Soldiers in Murray’s barracks in the centre of the town rush’d out
with their naked cutlasses insulting, beating and wounding the
inhabitants who were passing along: This, in so frequented a street,
naturally collected numbers of people who resented the injury done
and an affray ensued--About the same time a difference arose in King-
street, between a centry there and a barber’s boy, who said to his
fellow-apprentice in the hearing of the centry “there goes Capt.-----
who has not paid my master for dressing his hair:” The centry
foolishly resented it, and word took place; and the boy answering him
with pertness, & calling him a name, the centry struck him. Here was
the first assault in King-street.--But for what reason the evidence
of this matter was not bro’t into Court, at the last trial, as it had
been at the trial of Preston, the reader if he pleases may conjecture.
At the same time a gentleman not living far from the custom-house,
and hearing as he tho’t a distant cry of murder, came into the street,
which he had just before left perfectly still, and to use his words,
“never clearer”: He there saw a party of Soldiers issue from the
mainguard, and heard them say, damn them where are they, by Jesus let
them come; and presently after another party rush’d thro’ Quaker-lane
into the street, using much such expressions:--Their arms glitter’d in
the moon-light. These cried fire, and ran up the street and into
Cornhill which leads to Murray’s barracks; in their way they knocked
down a boy of twelve years old, a son of Mr. Appleton, abused and
insulted several gentlemen at their doors and others in the street:--
Their cry was, damn them, where are they, knock them down; and it is
suppos’d they join’d in the affray there, which still continued--They
also then cried fire, which one of the witnesses took to be their
watch-word.
By this time the barber’s boy had return’d to the centry with a
number of other boys to resent the blow he had received: The centry
loaded his gun and threatened to fire upon them, and they threatened
to knock him down--The bells were ringing as for fire: Occasion’d
either by the Soldiers crying fire as is before mention’d, for it is
usual in this town when fire is cried, for any one who is near a
church to set the bells a ringing; or it might be, to alarm the town,
from an apprehension of some of the inhabitants, that the Soldiers
were putting their former threats into execution, and that there
would be a general massacre: It is not to be wonder’d at, that some
persons were under such apprehensions; when even an officer at
Murray’s barracks, appeared to encourage the Soldiers and headed them,
as it was sworn before the magistrate.--This officer was indicted by
the grand jury, but he could not be found afterwards--Some other
officers, and particularly lieutenants Minchen and Dickson, discovered
a very different temper.
The ringing of the bells alarmed the town, it being suppos’d by the
people in general there was fire; and occasion’d a concourse in King-
street which is a populous part of it. As the people came into the
street, the barber’s boy told them that the centry had knock’d him
down--and a person who had come into the street thro’ Royal-exchange
lane, which leads from Murray’s barracks, (and possibly had observ’d
the behavior of the Soldiers there) and seeing the centry, cried
here’s a Soldier--Various were the dispositions and inclinations of
the people according to their various “feelings” no doubt; for
mankind, it is said, “act from their feelings more than their reason:”
The cooler sort advis’d to go home: The curious were willing to stay
and see the event, and those whose feelings were warmer, perhaps
partook of the boys resentment. So it had been before at Murray’s
barracks, and so it always will be among a multitude: At the barracks
some, to use the expression of one of the witnesses, called out home,
home; while some in their heat cried, huzza for the main-guard--there
is the nest--This was said by a person of distinction in court, to
savour of treason! Tho’ it was allow’d on both sides, that the main-
guard was not molested thro’ the whole evening.
I would here beg the reader’s further patience, while I am a little
more particular, in relation to the affray at Murray’s barracks; for
it may be of importance to enquire how it began there.--Mr. Jeremiah
Belknap, an householder of known good reputation, had been sworn
before the magistrate; and why he was not bro’t in as a witness at the
trial, is not my business to say, and I shall not at present even
conjecture--Mr. Belknap, who lived in Cornhill near Murray’s barracks,
testified, that on the first appearance of the affray there, hearing
a noise he ran to his door, and heard one say he had been struck by
a Soldier: he presently saw eight or nine Soldiers arm’d with clubs
and cutlasses, come out of Boylston’s alley, which is a very short
passage leading from Murray’s barracks into the street--he desired
them to retire to the barracks--one of them with a club in one hand
and a cutlass in the other, with the latter, made a stroke at him:
Finding no prospect of stopping them, he ran to the main-guard and
called for the officers of the guard--he was inform’d, there was no
officer there--he told the Soldiers, with drawn cutlasses, who he
suppos’d were of the party from Murray’s barracks--Another gentleman,
one of the prisoners witnesses, swore in Court, that a little after
eight o’clock he saw at his own door, which is very near the barracks,
several Soldiers passing and repassing, some with clubs, others with
bayonets: And then he related the noise & confusion he afterwards
heard, & the squabble he saw, but no blows--that he saw two Soldiers,
each at a different time, present his gun at the people, threatning
to make a lane through them; but the officers drove them in--The
tragedy was compleated very soon in King-street--The firing was
reserv’d for another party of Soldiers, not much if at all to their
discredit in the judgment of some, and under the command of an officer
who did not restrain them. The witness heard the report of the first
gun soon after the people cried home, home; and declared that he tho’t
they had fired upon the main guard, for he heard the drum at the main
guard beat to arms--Another, who was sworn in Court, a witness for the
Crown declared, that about nine o’clock, passing near Draper’s (or
Bolyston’s) alley, which leads into Murray’s barracks, and thro’ which
he intended to go, he heard some boys huzzaing--he judged there were
not more than six or seven, and they were small; they ran thro’
dock-square towards the Market--Presently after he saw two or three
persons in the alley with weapons--a number of Soldiers soon sallied
out, arm’d with large naked cutlasses, assaulting every body coming in
their way--that he himself narrowly escaped a cut from the foremost
of them who pursued him; and that he saw a man there, who said he was
wounded by them and he felt of the wound--The wounded man stopped, and
this occasioned the people who were passing to gather round him--
Thinking it dangerous fo him to proceed, the witness returned home--
A Captain of the 14th, one of the prisoners witnesses was also sworn
in Court: He testified that in Cornhill he saw a mob collected at the
pass (Boylston’s alley) leading to Murray’s barracks--the people were
pelting the Soldiers he tho’t had a fire-shovel--as soon as they
knew him, he prevailed on them to go to the bottom of the pass, and
with some difficulty he got down--This witness, it seems, must have
been later than the others; and Mr. Belknap, perhaps gives as early
an account of it, as any can, but the Soldiers themselves.
I would only ask how it came to pass that the Soldiers, on that
particular evening, should be seen abroad, in every part of the town,
contrary to the rules of the army, after eight o’clock--If the
officers, who should have restrain’d them, were careless of their
duty, whence was so general a carelessness among the officers at that
juncture? It was said, there was no officer at the main-guard, which
may in part account for it. Or, if the Soldiers were all at once
ungovernable by their officers, and could not be restrain’d by them,
a child may judge from the appearance they made, that there had been
a general combination, agreable to their former threats, on that
evening to put in execution some wicked and desperate design.
VINDEX.
Dec. 18th.
ARTICLE SIGNED “VINDEX.”
[Boston Gazette, December 24, 1770.]
To the Printers.
SOMEBODY, in Mr. Draper’s paper of Thursday last, charges me with
PARTIALITY, in my two first performances on the subject of the late
Trial--I DENY THE CHARGE, AND DESIRE HE WOULD EXPLAIN HIMSELF. He
also says, I freely charge PARTIALITY on others: I UTTERLY DENY THAT
ALSO; AND CALL UPON HIM TO POINT OUT ONE INSTANCE. He desires the
publick would not be influenced by any remarks made by me on the late
Trials: WITH REGARD TO THAT, THE PUBLICK WILL DO AS THEY PLEASE. He
INSINUATES that I have cast the most INJURIOUS reflections upon
Judges, Jury and Witnesses: AGAIN, I DENY IT.--It remains then that
he either retract his charges or proves them: Otherwise the publick
will judge him to be guilty of something worse than “THE FAULT” OF
PARTIALITY. He THREATENS to bring out some facts which were not
allowed to be given in evidence: THIS IS WHAT I EARNESTLY DESIRE, FOR
THE REASONS I HAVE ALREADY MENTION’D. And among other FACTS he
intends, to ASCERTAIN THE PERSON IN A RED CLOAK, mention’d on the
trial, IF VINDEX AND HIS Adherents DESIRE it. Vindex has no
Adherents but in the cause of truth: And Vindex, FOR THE SAKE OF
TRUTH, REQUESTS IT AS A FAVOR THAT THE PERSON IN A RED CLOAK MAY BE
ASCERTAINED. He says that this person WAS DECLARED BE SOME OF THE
WITNESSES, TO HAVE BEEN VERY BUSY AT THE BEGINNING OF THE TRAGEDY; I
affirm, that neither of the witnesses declared that he was VERY BUSY
at the beginning, or any part, of the Tragedy. There were two only
that made mention of him, viz. Mr. WILLIAM HUNTER & Mr. JAMES SELKRIG:
The one declared that in dock-square “there was a tall gentleman in
a red Cloak; that he stood in the midst of them (the people); that
they were whist for some time, and presently huzza’d for the main
guard: The other said, there was a gentleman with a red Cloak & a
large white Wig; that he made a speech to them (the people) 4 or 5
minute--(this witness mention’d nothing of their HUZZAING for the main
guard, which one would have thought must have been OBSERVABLE by ALL,
but only adds) they went and knock’d with their sticks, and said they
would do for the soldiers--What THE TALL GENTLEMAN said, neither of
them could tell.--I cannot help observing here, that some of the late
LETTER-WRITERS from hence to London, have mark’d the RED CLOAK AND
WHITE WIG, as the garb of a Boston HYPOCRITE; but I have never yet
heard it hinted, that such a dress was the peculiarity of an ACTOR in
TRAGEDIES--Great pain have been taken to make the world believe that
men of “estates, of figure and religion” had formed a plan, BEFORE THE
5TH OF MARCH, to drive off the soldiers; witness a DEPOSITION LATELY
PUBLISH’D: And perhaps it may be the LOW CUNNING of this writer to
INSINUATE, that there was a mob at that time, AND FOR THAT PURPOSE,
on dock-square; and that their leader MUST be a man of figure in the
town, BECAUSE HE WORE A RED CLOAK--As it is not yet known what the
TALL GENTLEMAN WITH A RED CLOAK said to the people; whether he gave
them good or ill advice, or any advice at all, we may possibly form
some conjecture concerning it, when his PERSON is ascertained. THE
SOONER IT IS DONE THE BETTER.
VINDEX.
Dec. 22.
TO JOHN WILKES.
[MS., British Museum; a draft is in the Samuel Adams Papers, Lenox
Library; a text is in W. V. Wells, Life of Samuel Adams, vol. i.,
pp. 377, 378.]
BOSTON Decr 28 1770
SIR
Having been repeatedly sollicited by my friend, Mr William Palfrey,1
I embrace this opportunity of making my particular compliments to you,
in a Letter which he will deliver. My own Inclination had coincided
with his Request; for I should pride myself much, in a Correspondence
with a Gentleman, of whom I have long entertaind so great an Opinion.
--No Character appears with a stronger Luster in my Mind, than that
of a Man, who nobly perseveres in the Cause of publick Liberty,
and Virtue, through the Rage of Persecution: Of this, you have
had a large Portion; but I dare say, you are made the better by
it: At least I will venture to say, that the sharpest Persecution
for the sake of ones Country, can never prove a real Injury to an
honest Man.
In this little Part of the World - a Land, till of late happy in
its Obscurity - the Asylum, to which Patriots were formerly wont
to make their peaceful Retreat; even here the stern Tyrant has
lifted up his iron Rod, and makes his incessant Claim as Lord of
the Soil: But I have a firm Perswasion in my Mind, that in every
Struggle, this Country will approve her self, as glorious in
defending & maintaining her Freedom, as she has heretofore been
happy in enjoying it.
Were I a Native and an Inhabitant of Britain, & capable of
affording the least Advice, it should constantly be; to confirm
the Colonies in the fullest Exercise of their Rights, and even to
explore for them every possible Avenue of Trade, which should not
interfere with her own Manufactures. From the Colonies, when she
is worn with Age, she is to expect renewed Strength. But the Field
I am entering, is too large for the present: May Heaven forbid,
that it should yet be truly said of Great Britain, Quam Deus yult
perdere, -!
I am with strict Truth
Sir
Your most humbe Servt
1See above, page 9.
ARTICLE [SIGNED "VINDEX."]1
[MS., Samuel Adams Papers, Lenox Library.]
To THE PRINTER
In my last I considerd the Temper which the Soldiers in general
had discoverd and the threats they had [utter'd] previous to the
fifth of March together with their correspondent Behavior on that
alarming Evening. I was the more brief, because there had been a
narrative of the horrid massacre, printed by the order of this
Town, which was drawn up by a Comt appointed for that purpose; and
reported by their Chairman, JAMES BOWDOIN Esqr. The affidavits
which are annexd to the narrative were each of them taken before
two Justices of the Peace Quorum Unus to perpetuate the remembrance of
the thing: Coll William Dalrymple, chiefe Commander of the Soldiers,
was duly notified by the Justices to attend the Captions: And His
Honor the Lt Governor certified, under his Hand with the province Seal
annexd, that full faith & Credit was & ought to be given to the
several Acts & Attestations of the Justices, both in Court & without.
The Candor of the Town indeed was such, that at their meeting in
March, 2 by a Vote they restraind their Committee from publishing
the narrative, lest it might unduly prejudice those whose lot it
should be to be jurors to try these Causes: This restraint they
continued by a Vote at their meeting in May,3 & untill the
Trials should be over . . . plaud; as it discovered a Sense of
Justice; as well as the greatest Humanity4 towards those men who
had wantonly lit the hearts Blood of citizens like Water upon
Ground. A Temper far from vindictive; calm and moderate, at a
time, when if ever they might have been expected to be off their
Guard: And yet, so barbarous & cruel, so infamously mean & base
were the Enemies of this Town, who are the common Enemies of all
America & of the Truth it self, that they falsly inserted in the
publick news papers in London the Inhabitants had seizd upon Capt
Preston hung & hung him like Porteus upon a Sign Post! -
I shall now in a few ......... endeavor to show the Temper which
some of the Soldiers, (by whom I do not now particularly mean the
late Prisoners), discoverd at & after the fatal Catastrophes.
Readers may have observd, that I am careful to distinguish between
the evidence given in Court from that which was given out of
Court, Witnesses to this point, it ought not to be supposd, were
admissible at the Trial, unless perhaps the one immediately
following: That a credible Person, who is mistress of a reputable
family in the Town. She testified before the Magistrates, & was
ready to swear it in Court, if she had been called, that on the
Evening of the 5 of March a number of Soldiers were assembled from
Greens Barracks & opposite to her Gate, which is near those
Barracks - that they stood very still until the Guns were fired in
Kingstreet; then they clapd their Hands & gave a Cheer, saying,
this is all we want; they then ran to their Barrack &
came out again in a few minutes, all with their arms, & ran
towards Kingstreet.5 These Barracks were about a quarter of a mile
from Kingstreet: Their standing very still, untill they heard the
firing, compared with their subsequent Conduct, looks as if they
expected it; it seems, as though they knew what the Signal should
[be], & the part they were to act in Consequence of it. This
perhaps may be thought by some to be too straining: I will not
urge it, but leave it to any one to judge, how far if at all, it
affords Grounds of Suspicion, that there was an understanding
between the Soldiers in Kingstreet at the time of the firing &
these; especially, if it be true as has been said, that they fired
without the Command of their officers - There was another Witness
similar to this; an housholder of good reputation, who testified,
that the Soldiers from Greens Barracks rushd by him with their
Arms towards Kingstreet, saying this is our time or chance; that
he never saw6 Dogs so greedy for their prey as they seemd to be,
and the Sergeants could hardly keep them in their ranks.7
Another swore, that after the firing, he saw the Soldiers drawn up
in the Street, and heard Officers [as] they walked backwards &
forwards say, Damn it, what a fine fire that was! How bravely it
dispersd the mob!8 A person belonging to Hallifax in Nova Scotia,
testified that when the Body of troops was drawn up before the
Guard house (which was presently after the Massacre) he heard an
officer say to another, that this was fine work, just what he
wanted.9 I shall add but one more to this List, and that is the
Testimony of a Witness, well known for an honest man in this Town,
who declared, that at about one o'Clock the next morning, as he
was going alone from his own house to the Town House, he met a
Sergeant of the 29th with Eight [or] nine Soldiers, all with very
large Clubs & Cutlasses when one of them speaking of the
Slaughter, swore by God it was a fine thing & said you shall see
more of it.10 These Testimonies it is confessd would not be
pertinent to the Issue of the late Tryal: But I think it necessary
to adduce them here to convince the World of the wretched
Condition this town was in, the Reasons they had to apprehend &
the necessity they were under constantly to be upon their Guard
while such were quarterd among them: Much was brot into Court to
show that the Town was in a State of disorder on the Evening of
the 5 of March previous to the Affray at Murrays Barracks;
Witnesses were admitted to testify that they were met by one &
another armd with Clubs.11 But Nothing appeard there to show the
Cause & even the Necessity of it.11
To these, I cannot help subjoining the Testimony of Mr John Cox, a
very reputable Inhabitant of this town; who swore in Court at one
of the late trials, that after the firing, he went to take up the
dead - that he told the Soldiers, it was a cowardly trick in them
to kill men within reach of their Bayonets, with nothing in their
hands, and that the officer said, damn them, fire again & let them
take the Consequence! - to which he replyd you have killed . . .
already to hang you all - But he was mistaken.
It is a Mistake to say the soldiers were in danger from the
Inhabitants. The reverse is true; the Inhabitants were in danger
from the Soldiers. With all the Indulgence which was & perhaps
ought to be shown to Prisoners upon Tryal for Life, not a single
Instance of any Injury offerd to Soldiers was provd, except at
Murrays Barracks, & not even there but in return for intollerable
Insults. Many Witness[es] were ready if called for to testify to
the Insults & Abuse offerd by the Soldiers to the Inhabitants in
various parts of the Town.
Thus one of the prisoners Witnesses testified in Court that at 7
o'Clock going to the South End he met forty or fifty in small
Parties, four or five in a party. It has been testified by a
credible Witness that before the fifth of March, the Soldiers were
not only seen making their Clubs, but from what the Witness could
collect from their Conversation, they were resolvd to be revengd
on Monday13 and divers others swore to the same purpose; They did
not indeed say, whether they knew them to be soldiers or
Inhabitants: It is as probable that they were Soldiers as
Inhabitants; for it was sworn before the magistrates by a person
of Credit, that on the Saturday before he saw the Soldiers
making Clubs; Another was ready to testify in Court that thirty of
these Clubs or Bludgeons were made, by the Soldiers, in his own
Shop. And in the part of the Town where the Witness was going, a
Gentleman was attackd by two Soldiers, one of them armd with a
Club & the other with a broad Sword; the latter struck him, &
threatned that he should soon hear more of it. It was notorious
that the Soldiers were seen frequently on that evening armd with
Clubs - but in the Judgment of some men, every party that was seen
with Clubs, or in the modern term, Bludgeons, to be sure must have
been Inhabitants. If the Soldiers were in such Danger why were
they not kept in their Barracks after Eight o'clock agreable to
their own orders? In stead of this we find the Testimony of a
person, who was not an Inhabitant of the Town, that being at the
South End on that Evening exactly at Eight o'Clock he saw there
Eleven Soldiers: An officer met them .....orderd them to appear at
their respective places at the time: and if they should see any of
the Inhabitants of the Town, or any other people not belonging to
them, with Arms, Clubs or any other warlike weapon more than two
being assembled together to order them to stop, & if they refusd,
to stop them with their firelocks, and all that should take their
part - the officer went Northward & the Soldiers Southward.
These were orders discretely given indeed! And well becoming a
Gentleman in any Command, over troops sent here, or as the
Minister pretended, to aid the civil Magistrate in keeping the
peace, & with directions never to act without . . . Will any one
think the Town could be safe, even from this band of Soldiers
only, especially while under such direction & influence - This is
a single Instance -No wonder that when the Bells soon after rang
as for fire, & the people in that same part of the town came into
the Streets with Bucketts, they should be told by some, as a
Gentleman who was a Witness in Court for the prisoners swore they
were, that they had better bring Clubs than Bucketts - Such
Appearances were enough to put the Town in Motion. It is a Mistake
to say the Soldiers were in danger from the Inhabitants; the
reverse is true: The Inhabitants were in danger from the Soldiers.
With all the Indulgence which was shown, and perhaps ought to be
shown to Prisoners at the bar, upon trial for Life, not a single
Instance was provd, of any Abuse offerd to any Soldier that
Evening, previous to the insolent Behavior of those of them who
rushd out of Murrays Barracks & fell upon all whom they met: on
the Contrary, there had been many Instances of their insulting &
assaulting the Inhabitants indiscriminately in every part of the
Town.
As it was said in Court that the unhappy persons who fell a
Sacrifice to the Cruel Revenge of the Soldiers, had brot their
Death upon their own heads, I shall finish this paper in saying
what ought to be said in behalf of those who cannot now speak for
themselves. - Mr Maverick a young Gentleman of a good family & a
blameless Life, was at Supper in the House of one of his friends,
and went Out when the bells rang as for fire. .Mr Caldwell, young
Seaman & of a good Character, had been at School to perfect
himself in the Art of Navigation, and had just returnd to the
house of a reputable Person in this town to whose daughter he made
his visits with the honorable Intention of Marriage: He also went
out when the bells rang. W Gray was of a good family, he was at
his own house the whole of the Evening, saving his going into a
Neighbours house to borrow the News paper of the day & returning:
He went out on the ringing of the Bells; and altho a Child swore
in Court that he saw him with a Stick after the bells rang, yet
another Witness saw him before he got into Kingstreet without a
Stick, Others saw him in Kingstreet & testified that he had no
Stick, and when he was shot, the Witness then testified, as is
mentiond in a former paper, that he had no Stick & his Arms were
folded in his bosom; so that it is probable the young Witness
mistook the person. Mr Attucks, it is said was at his Lodgings &
at Supper when the bells rang; Witnesses indeed swore that they
afterwards saw him with a Club, & great pains were taken to make
it appear that he attackd the Soldiers, but the proof faild; even
Andrew, a Negro Witness whom I shall hereafter mention, testifies
that he thot Attucks was the Man who struck one of the Soldiers,
but could not account how he could get at such a Distance, as he
was when he fell, the Soldier firing so soon. Others swear that he
was leaning on his Stick when he fell, which certainly was not a
threatning posture. It may be supposd that he had as good Right to
carry a Stick, even a Bludgeon, as the Soldier who shot him had,
to be armd with Musquet & ball; & if he at any time lifted up his
Weapon of Defence, it was surely not more than a Soldiers leveling
his Gun at the Multitude chargd with Death - If he had killed a
Soldier, he might have been hangd for it, & as a traitor too, for
to attack a Soldier upon his post, was declared Treason; But the
Soldier shot Attucks & killed him, & he was convicted of Man
Slaughter! As to Mr Car, the other deceasd person, it is doubtful
with what Intent he came out. He was at Mr Fields house when the
Bells rang; Mr Field & another Witness who was at the House,
testify that Car went upstairs and got his Sword.
1 This article in the form as published is printed at pages 110-
122.
2 March 26. Boston Record Commissioners' Report, vol. xviii., p.
20.
3 0n July 10, the town meeting defeated a motion that the printers
be allowed to sell the printed narrative. ibid., p. 34.
4 The words "& Impartiality" were stricken out at this point.
5 see Narrative first Edit. Apendix page 68.
6 At this point the words "Men or" were stricken out.
7 Idem.
8 page 69.
9 page 22.
10 Page 61.
11 The remainder of this paragraph is crossed out in the draft.
Cf., page 108.
12 Narrative Appendix page 4.
13 id, pa. 4 - this alludes to the affrays at the ropewalk: The
Soldiers at Greens Barracks had made three Attacks upon the ropemakers
when they were at their Work, in revenge for one of them being told by
one of the hands in the Walk, that "if he wanted work he might
empty his Vault." Enough to enkindle the flame of resentment in the
Breast of a common Soldier, who of all men has the most delicate
Sentiments of honor! Two of the prisoners were of the party in these
noble Exploits, as was testified in Court.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, December 31, 1770.]
To the PRINTERS.
IN my last, I consider'd the temper which the Soldiers in general,
had discover'd, and the threats they had utter'd, previous to the
5th of March, together with their correspondent behavior, on that
alarming evening. I was the more brief, because there had been a
"Narrative of the horrid Massacre," printed by the Order of this
Town; which was drawn up by a Committee appointed for that
purpose, and reported by their Chairman, James Bowdoin, Esq. The
Affidavits which are annexed to the Narrative, were each of them
taken before two Justices of the Peace, Quorum Unus, to perpetuate
the remembrance of the thing: Col. William Dalrymple, chief
Commander of the Soldiers, was duly notified by the Justices to
attend the Captions: And his Honor the lieutenant-governor,
certified under his hand with the Province Seal affixed, that full
faith and credit was, and ought to be given to the several Acts
and Attestations of the Justices, both in Court and out. - It will
be own'd by the impartial World, that nothing could be fairer: I
am not, however, at all surprized, to find, publish'd in a late
New-York Paper, a letter said to be written in this Town, in which
among other chit-chat, it is asserted, that from the borders of
Connecticut to Boston, there are people who "exclaim against the
Town for imposing on the Country by false Representations:" This
Narrative has been in a Manner adopted by the Province; for I am
assured, that in the last Session of the General Assembly, the
House of Representatives, generously granted to the Town a sum of
Money to defrey the Charge of a vessel, hired for no other Purpose
but to carry it to London; that his Majesty's Council concurr'd
with the House in the grant, and his Honor the lieutenant-governor
gave his Assent to it. - Arts have been used, and are still using,
to detach the rest of the Colonies from this Province; and the
same arts are every day practised, to divide the Towns in this
Province from the Capital. It is the Machiavellian Doctrine,
Divide et impera -Divide and Rule: But the people of this Province
and of this Continent are too wise, and they are lately become too
experienc'd, to be catch'd in such a snare. While their common
Rights are invaded, they will consider themselves, as embark'd in
the same bottom: And that Union which they have hitherto
maintain'd, against all the Efforts of their more powerful common
Enemies, will still cement, notwithstanding such trifling letter
writers as these.
The candor of this Town was indeed such, that at their annual
Meeting in March, by a vote, they restrain'd their Committee from
publishing the Narrative here, altho' it was printed, lest it
might unduly prejudice those, whose Lot it might be, to be Jurors
to try these Causes: This Restraint, they continued at their
Meeting in May, and untill the Trials should be over.-A Caution,
which all good Men will applaud: As it discover'd a sense of
Justice; as well as the greatest Humanity towards those Men, who
had spilt the blood of Citizens, like Water upon the Ground! -A
temper far from vindictive - Calm and sedate, when it might have
been expected, if ever, they would be off their guard. And yet so
barbarous and cruel, so infamously mean and base were the Enemies
of this Town, who are the common Enemies of all America and of the
Truth itself, that they had it falsely inserted in the public
News-Papers in London, that the Inhabitants had seiz'd upon Capt.
Preston and hung him, like Porteus upon a sign-post!
I shall now, in a few instances, endeavor to show, the temper
which many of the Soldiers discover'd after the fatal Catastrophe
was over. The Reader may have observed, that I am careful to
distinguish, between the Evidence given in Court, from that which
was given out of Court: Witnesses to this point, it is not to be
suppos'd, were admissible at the Trial; unless perhaps the one
immediately following: This is a creditable person who is Mistress
of a reputable family in the Town. She testified before the
Magistrates, and was ready to swear it in Court, if she had been
called, that on the Evening of the 5th of March, a number of
Soldiers were assembled at Green's Barracks, and opposite to her
Gate, which is near those Barracks; that they stood very still,
until the Guns were fired in King-Street; then they clapped their
hands and gave a Cheer, saying, this is all we want; they then ran
to their Barracks and came out again in a few minutes, all with
their arms, and ran towards King-Street.1 - These Barracks are
about a quarter of a Mile from King-Street: Their standing very
still untill they heard the firing, compared with their subsequent
Conduct, looks as if they expected it: It seems as tho' they knew
what the signal should be, and the part they were to act in
consequence of it. This, perhaps, may be tho't by some to be too
straining: I will not urge it; but leave it to any one to judge,
how far, if at all, it affords grounds of Suspicion, that there
was an understanding, between the Soldiers in King-Street at the
time of the firing, and these; especially if it be true, as has
been said, that they fired without the command of their officer.-
There was also a Witness, an householder of good reputation, whose
testimony was similar to this: That the Soldiers from Green's
Barracks, on that Evening, rushed by him, with their arms, & ran
towards King-Street, saying, this is our time or chance; that he
never saw Dogs so greedy for their Prey, and the Serjeants could
hardly keep them in their Ranks 2 - Another swore, that after
the firing, he saw the Soldiers drawn up under Arms, and heard the
officers, as they walked backwards and forwards say to one another,
Damn it, what a fine fire that was! How bravely it dispers'd the Mob3
- A gentleman belonging to Halifax in Nova Scotia testified that when
the body of Troops was drawn up before the guardhouse (which was
presently after the Massacre) he heard an Officer say to another,
that this was fine work, just what he wanted!4 - I shall add but
one more to this list, and that is, the testimony of a Witness,
well known in this Town for an honest man; who declared that at
about one o'Clock the next morning, as he was going alone from his
own House to the Town-House, he met a Serjeant of the 29th with
eight or nine Soldiers, all with very large Clubs and Cutlasses,
when one of them, speaking of the Slaughter, swore by God, it was
a fine thing, and said, you shall see more of it.5 - To these I
cannot help subjoining, the testimony of Mr. John Cox, a very
reputable Inhabitant of this Town ; who swore in Court at one of
the late trials, that after the firing, he went to take up the
dead; that he told the Soldiers, it was a cowardly trick in them
to kill men within reach of their Bayonets, with nothing in their
hands; and that the officer said, damn them, fire again, and let
them take the consequence - to which he replied, you have killed
enough already to hang you all: But it has since appeared that he
was mistaken. - There are others, who saw, a very large party from
the Southguard, after the firing, take their post under Liberty-
Tree; by which one would think they intended to act the same part
which the Soldiers in New-York had before done, as indeed some of
them had threatened they would, and which would probably have bro't on
a new scene of confusion. But the commanding officer, very prudently
ordered the regiment to be under arms, which prevented it.
If these testimonies would not have been pertinent to the issue of
the late trial, I think it necessary to adduce them here, to
convince the world of the wretched state this Town had been in;
the reason they had to apprehend, while such blood-thirsty inmates
were quarter'd among them ; and the necessity they were tinder,
constantly to be on their guard, while there were even such
exultations at the barbarous "action" of the Evening.
Much was bro't into Court, to show that the Town was in a state of
disorder on that Evening, and previous to the Affray at Murray's
Barracks; Witnesses were admitted to testify, that they had been
met by one and another arm'd with Clubs; but nothing appeared
there, to show the Cause and even the necessity of it: Thus, one
of the prisoners witnesses testified in Court, that at seven
o'clock, going to the South-End of the Town, he met forty or fifty
in small parties, four or five in a party; and divers others swore
to the same purpose: They did not indeed say, whether they knew
them to be Inhabitants; it is as probable, that they were
Soldiers, as inhabitants, if not more so; for it was sworn before
the Magistrates, by a person of credit, that on the Saturday
before, he saw the Soldiers making Clubs.6 Another was ready to
testify in Court, that thirty of these Clubs or Bludgeons, were made
by the Soldiers, in his own Shop. And in the part of the Town where
the before-mentioned witness was going, a gentleman was early in the
Evening attacked by two Soldiers, one of them arm'd with a Club, and
the other with a broad Sword; the latter struck him, and threatned
that he should soon hear more of it.7 It was notorious, that the
Soldiers were frequently seen on that Evening, arm'd with Clubs, as
well as other Weapons; and the night before, very late, it can be
prov'd that forty or fifty of them were seen, thus arm'd, in several
parts of the Town in terror of his Majesty's subjects: But in the
judgment of some men, every party that was seen with Clubs, or in
the modern term, bludgeons, to be sure, must have been
inhabitants. It had been testified, that on the Saturday before
the fifth of March, the Soldiers, had not only been seen making
their Clubs, as is before mentioned, but from what the witness
could collect from their conversation, they were resolved to be
reveng'd on the Monday.8 If they were in such danger, as some will
pretend they were, pray, why were they not kept in their Barracks,
especially after eight o'clock, according to their own rules?
Instead of this, we find the testimony of a person, who was not an
inhabitant of the Town: that being at the South-End on that Evening,
exactly at Eight o'Clock, he saw there Eleven Soldiers; an officer
met them, and order'd them to appear at their respective places at
the time; and if they should see any of the inhabitants of the Town,
or any other people not belonging to them, with Arms, Clubs or any
other warlike Weapon, more than two being assembled together, to
order them to stop: and if they refused, to stop them with their
firelocks, and all that should take their part - The officer went
Northward and the Soldiers Southward9 - Here were orders discretely
given indeed! And well becoming a gentleman, in any command over
troops, sent here, as the Minister pretended, to aid the civil
Magistrate in keeping the peace; and with directions never to act
without one. Will any one suppose, that the Town could be safe, even
from this band of Soldiers only; especially while under such
direction and influence. This is a single instance -No wonder that
when the bells soon after rang as for fire, & the people in that
same part of the Town, came into the Street with their Buckets,
they were told by some, as a gentleman who was a witness in Court
for the prisoners said they were, that they had better bring their
Clubs than their Buckets - Such appearances were enough to put the
Town in Motion - It is a glaring mistake to say, the Soldiers were
in danger from the inhabitants: The reverse is true; the inhabitants
were in danger from the Soldiers. - With all the indulgence which
was shown, and perhaps ought to have been shown to prisoners at
the bar, upon trial for life, not a single instance was prov'd, of
abuse offer'd to Soldiers that Evening, previous to the insolent
behavior of those who rush'd out of Murray's Barracks, with
Cutlasses, Clubs and other Weapons, and fell upon all whom they
met: On the contrary, there had been many instances of their
insulting and even assaulting the Inhabitants in every part of
the Town; and that without Discrimination ; which did not look, as
if they design'd to seek revenge, for any former Quarrel, upon
particular persons.
As it was said, in Court that the unhappy Persons who fell a
sacrifice to the cruel revenge of the Soldiers, had brought their
death upon their own heads, I must not omit saying, what I think
ought to be said, in behalf of those who cannot now speak for
themselves - Mr. Maverick, a young gentleman of a good family and
a blameless life, was at supper in the house of one of his
friends, and went out when the Bells rang as for fire. Mr.
Caldwell, a young seaman and of a good character, had been at
School to perfect himself in the art of Navigation; and had just
return'd to the house of a reputable person in this town, to whose
daughter he made his visits, with the honorable intention of
Marriage: He also went out when the bells rang. Mr. Gray was of a
good family; he was at his own house the whole of the Evening,
saving his going to a neighbour's house to borrow the News-Paper
of the day and returning; He went out on the ringing of the bells;
and altho' a child swore in Court, that he saw him with a stick,
after the bells rang, yet another witness saw him before he got
into King-Street without a stick; others saw him in King-Street
and testified that he had no stick; and when he was shot, the
Witness at whose feet he fell, declared, as is mentioned in a
former Paper, that he had no stick, and his arms were folded in
his bosom; so that it is probable, the young Witness mistook the
person. Mr. Attucks, it is said, was at supper when the bells
rang; he went out as others did, to enquire where the fire was; in
passing thro' Dock-Square, he saw the affray at Murray's Barracks;
and hearing a man say that if any one would join, he would drive
the Soldiers into the Barracks, he join'd; & they two were
principally concerned in doing that piece of service. Great pains
were taken to make it appear that he attacked the Soldiers in
King-Street, but the proof fail'd: He was leaning upon his stick
when he fell, which certainly was not a threatning posture: It may
be supposed that he had as good right, by the law of the land, to
carry a stick for his own and his neighbor's defence, in a time of
such danger, as the Soldier who shot him had, to be arm'd with
musquet and ball, for the defence of himself and his friend the
Centinel: And if he at any time, lifted up his weapon of defence,
it was surely, not more than a Soldiers levelling his gun charg'd
with death at the multitude: If he had killed a Soldier, he might
have been hanged for it, and as a traitor too; for even to attack
a Soldier on his post, was pronounc'd treason: The Soldier shot
Attucks, who was at a distance from him, and killed him,. - and he
was convicted of Manslaughter. - As to Mr. Carr, the other
deceas'd person, it is doubtful with what intent he came out: He
was at the house of one Mr. Field, when the bells rang; Mrs.
Field, and another witness who was at the house, declared that
Carr went up Stairs, and got his Sword, which he put between his
Coat and his Surtout, and it was with difficulty that they
prevail'd upon him to lay by his Sword: They could not persuade
him to keep in: It does not appear that he took any part in the
contest of the Evening: He was soon shot: and tho' dead, he
afterwards spoke in Court, by the mouth of another, in favour of
the prisoners; declaring among other things already mentioned,
that he was a native of Ireland, and had often seen mobs and
Soldiers fire upon them there, but never saw them bear half so
much before they fired as these did.
The conduct of the Soldiers and of the people in King-Street,
shall be the Subject of a future Paper. In the mean time, I must
desire Philanthrop, who appear'd in the last Evening Post, if he
pleases, to read again what I observ'd upon the case of Killroi in
particular, in this Gazette of the 17th Inst;1 and to consider,
whether he did me justice in saying, that I had publish'd "the
only piece of Evidence produc'd against Killroi and argued upon
that alone:" I then publish'd several material pieces of Evidence
against him; and upon the whole concluded, that what was called
the furor brevis was, in my opinion, of rather too long - a
continuance, to come within the indulgence of the law. I then
tho't, and I believe I am far from being singular in thinking it;
that for a man repeatedly to say, that he had wanted an
opportunity of firing upon the inhabitants ever since he had been
in the Country and that he would never miss an opportunity of
doing it; and afterwards, when forewarn'd against it, to fire upon
the inhabitants, kill one man upon the spot, and then
unrelentingly attempt to stab another, who had not offer'd him any
injury, all which was sworn in open Court: If such a man is not,
hostis humanis generis, he discover'd at least, a total want of
remorse at the shedding of human blood, as well as rancorous
malice from the beginning. Philanthrop further says, that "there
was no evidence given in Court" of the wound in Mr. Gray's head;
and "that it is, in the highest degree unjust, to blame the Court
and jury for not regarding evidence which they never heard": If he
will candidly recur to the aforementioned Paper he will find, that
I expressly said, that the witness being out of the Province, the
evidence of so savage an act of barbarity could not be produc'd in
Court; nor did I take it upon me to "blame the Court and Jury for
not regarding it " - "I do not charge Philanthrop with a design"
to amuse his readers in this, or any other instance; but if he
intends to continue the subject, I would advise him to be more
cautious lest he misleads them for the future. Again he says "the
impossibility of the bayonets being bloody the next morning, is
demonstrable from this, that every gun and bayonet of the party
was scowered clean that very night"; but to borrow his own words
"it is certain no such evidence was given in Court": If this could
have been proved, I dare say it would have been done without fail.
Philanthrop may suppose it to be true, from its being, as he says,
"the constant practice of the army after firing"; but such a vague
supposition will not invalidate the oaths of creditable witnesses
in open Court, who swore that Killroi's bayonet was bloody, five
inches from the point.
To vilify and abuse "the most amiable and respectable characters,"
I detest from the bottom of my heart: At the same time, I leave it
to Philanthrop, or any one who pleases, to write Panegyricks, on
the living or the dead.
VINDEX.
Dec. 25th.
1 Narrative Appendix p. 68
2 Idem p. 68
3 Idem 69.
4 Idem. 22.
5 Idem.61
6 Idem.4.
7 Idem. 12.
8 Idem. p. 4, This alludes to the affray at the Ropewalks: The
Soldiers at Green's Barracks had made three attacks upon the
Ropemakers, while they were at work, in revenge, for one of them
being told by a hand in the Walk that "if he wanted work he might
empty his Vault": Enough, to enkindle the flame of resentment, in
the breast of a common Soldier, who of all men has the most delicate
sentiments of Honor. Two of the Prisoners were of the party in these
noble Exploits, as was testified in Court.
9 Idem. P. 48.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, December 31, 1770.]
Messieurs PRINTERS.
I Desire you would correct the following mistake I made in your
last paper. I said "there were two only of the witnesses in the
late trial that made mention of the tall Gentleman in a red cloak
and white wig, viz. Mr. Hunter and Mr. Selkrig": In looking over
my minutes, I find there was another, viz. Mr. Archibald Bowman,
who also made mention of him. Mr. Bowman testified, that they (the
people in dock-square) "stood thick round him some time, and after
cried huzza for the main guard"; in which he agreed with Mr.
Hunter: But he declared, that he did not remember their striking
their sticks at Simpson's Store, & saying, they would do for the
Soldiers, tho' Mr. Selkrig, who was with him at the same time,
declared, that those words were spoken by numbers at Simpson's
Store. Mr. Selkrig mention'd nothing of their saying huzza, &c.
From all which we may conclude, that these cries were not general;
especially, as other witnesses declared that the people also cried,
home, home. Mr. David Mitchelson testified, that "they cried, they
would go to the main guard, and that the effect soon followed": But
they went not to the main guard, nor was the main guard attack'd thro'
the whole evening. He further said, the bells were ringing. - The
truth is, the generality of the people of the town thought there was
a fire; but not knowing where, they naturally, in passing thro' the
main streets, from the north and south parts of the town, stopped in
dock square, which is in the center: There, they found there was
not fire; but that the soldiers at Murray's barracks, had, if I
may use the expression, broke loose. Mr. Selkrig said, that the
[people] "made unsuccessful attacks upon the barracks"; but
immediately adds, "that he saw nothing" (of the attacks, I suppose;
for it was impossible he should see them, there being a stone
building between the house in which he was, and the barracks) but
that "they went up the alley and came back suddenly"; which
corresponds with what another of the prisoners witnesses said,
who was on the other side of the stone building, and therefore
could see; viz, that the soldiers several times presented their
guns at the people: Mr. Selkrig must be candidly suppos'd to intend,
that he judg'd the people to have made attacks upon the barracks,
and unsuccessfully, from seeing them retreat only: But his conclusion
might not be well grounded: It is as natural to conclude that these
sudden retreats were occasioned by the soldiers attacking the people,
as they had before done; and their levelling their guns and threatning
to make a lane thro' them, as was sworn in open court. Mr. Dickson,
who was with Mr. Selkrig, and the other Scotch gentleman at Mr.
Hunter's house, declared, that "a party came running down the alley,
as if they had met with opposition there"; which confirms what Mr.
Selkrig had said of their sudden retreats, and strengthens the
supposition I have now made.
But the writer in Mr. Draper's paper of the 20th Instant, has not
yet fulfilled his promise to "ascertain the person" in a red
cloak: I am sollicitous that the publick should know the very man;
and the rather, because it has been impudently insinuated, that he
was a gentleman in office in this town.
VINDEX.
Dec. 27.
ARTICLE SIGNED “VINDEX."
[Boston Gazette, January 7, 1771]
To the PRINTERS.
I Have taken occasion to mention the unhappy persons, who lost
their lives on the fatal fifth of March And I think it must appear
to every candid reader, that they were totally unconnected with
each other; and that it cannot be even suspected, that either, or
to be sure, more than one of them had any ill intention in coming
abroad on that evening; much less, that they were combin'd
together to do any sort of mischief: Nay, it is even to be
doubted, whether they ever had any knowledge of each other. I will
further observe, that there was not the shadow of evidence to
prove, that any other persons, excepting the Soldiers, had form'd a
design to commit disorders at that or any other time: Unless credit
is to be given in a court of law, to the hearsay of an hearsay; the
story which one man told another at sea, and months after the facts
were committed: Evidence which was in vain objected to by the council
for the crown; but to the honor of one of the prisoners council was
by him interrupted and stopped. This worthy gentleman declared in
open court that it was not legal, and that it ought not to have the
least weight in the minds of the jurors; upon which it was ruled,
that the witness should proceed no further, and he was dismiss'd.
I come now to consider the tragical scene, as it was acted in
King-street; in doing which, I shall confine myself chiefly, to
the evidence as it was given in court: If I vary from the truth,
let Philanthrop, or any one else correct me; it is far from my
design: And I am willing to appeal for facts, to the book which
Philanthrop has told us of; provided always, that the facts are
there stated with impartiality and truth: This I think it
necessary to premise, because I find it advertiz'd, that the book
is to be publish'd, not by the direction, but with the permission
of the court: A distinction, which appears to me to be of some
importance.
It may be necessary, first to enquire into the situation the
centinel was in, for whose relief the party was said to have
afterwards gone down. By the testimony given in court, by Col.
Marshall, who had spent the evening at a friend's house in dock-
square, it appears that at nine o'clock all was quiet there; and
passing thro' Royal - exchange lane into King street, where the
centry was, he found all as peaceable there; "the street never
clearer," was his expression. It is probable that very soon after
this, the difference arose between the centry and the barber's
boy; for Col. Marshall testified, that some time after, he heard a
distant cry of murder; and it is without doubt the centry struck
the boy, with his gun, - It was then that Colonel Marshall saw a
party turn out from the main-guard, and soon after another party
rush'd thro' Quaker-lane, all arm'd - It is probable, that these
were the Soldiers who, as they ran into Cornhill, abus'd the
people there, as I have before mention'd: Upon the appearance of
these parties, it is said, that the barber's boy, and his fellow-
apprentice, ran either into his Master's or a neighbor's shop. -
Mr. William Parker, one of the prisoner's witnesses declared, that
when he came into King street, which was after the affray began at
Murray's barracks, all was quiet and peaceable: But presently the
barber's boy, with two or three more, came to the centry - they
push'd one another against him (in resentment it is to be suppos'd
for) they said, he had knock'd the boy down - In the trial of
Capt. Preston, the boy himself swore in Court, that the centry had
struck him with his bayonet. Mr. Parker adds, that presently a
number, about fifteen, came thro' Silsby's lane, which leads from
Murray's barracks, with sticks like pieces of pine in their hands
- The most of them small boys, 1 or 2 of them large lubbers, as he
called them - they said, let us go to the main-guard; by which it
does not appear that they interested themselves in the dispute
with the centry, nor does it appear that they molested the main-
guard, if they went up to it - Soon after, five or six more came
up Royal exchange lane, which also leads from Murray's barracks,
with sticks like the others; but neither did the witness say, that
these interfered with the centry - Mr. Parker further said, that
he went up by Mr. Jackson's corner, and met twenty or thirty more
coming out of Cornhill, a good many men among them, some with
sticks and some with walking canes - These opened the matter to
him; and told him there had been a squabble at Murray's barracks,
but that the Soldiers were driven in, and all was over. - These
different parties met in a cluster, at and near Quaker lane, and
not long after seem'd to disperse; and he soon went off himself,
not leaving above twelve or fifteen in the street: And, just as he
got home, which might not be more than ten minutes, he heard the
bells ring, and the guns discharg'd - No one I believe will
dispute the veracity, either of Col. Marshall or Mr. Parker
Mr Edward Payne, a merchant of note in this town, was also
summoned as a witness for the prisoners, and his testimony will
undoubtedly be rely'd upon, by all who know him or his character.
Mr. Payne came out after Mr. Parker left the street; for he
declared in Court, that at 20 minutes after nine, when the bells
rang, he went out into the street, and was told, as Mr. Parker had
been, that the soldiers had sallied out of their barracks, and had
cut & wounded a number, but were driven in again - He declared
that the centinel was walking by himself, and no body near him -
so that the barber's boy and his three or four comrades, were at
that time gone off - He heard a considerable noise in Cornhill,
and a noise of people coming up Silsby's alley - they were
inhabitants: Fourteen or fifteen, perhaps twenty, passed by him,
some with sticks, others without; as many of the latter as the
former - They cried where are they? It is necessary to connect the
circumstances, as the facts are related: Here therefore I will
remind the reader, that besides the Soldiers that came out of
Murray's barracks, and who now may be suppos'd to have been driven
in, there was also a party that had issued from the main guard,
and another party of Soldiers who came thro' Quaker-lane, all
arm'd with naked cutlasses, &c. who went into Cornhill not long
before, and there insulted every person they met: These were the
men whom the persons mentioned by Mr. Payne, in all probability
refer'd to, when they cried, where are they. - Certainly no
persons could be tho't blame-worthy, for pursuing a banditti, who
had already put a number of peaceable people in great terror of
their lives, with a design to prevent their doing further mischief:
There is no foundation to suppose, that they had any other design:
Yet these are the persons, who, as some would have it, were the
faulty cause of the slaughter, that afterwards ensued: It was
indeed unfortunate that they happened to take that rout; for Mr.
Payne added, that a lad came up and said, that the centry had
knock'd down a boy, upon which the people turn'd about, and went
directly to the centry: By which, one would think, that they had
no design to attack the centry before: and that they would not
even have spoken to him, had they not been told that he had
injured the boy: Till then, the centry had not been the object of
their attention; and I must insist upon it, that they had then as
good right by the law, to resent the injury done to the boy, as
the party from the main-guard had afterwards, to resent the injury
done, if there was any, to the centry - The prudence in either
case I will not undertake to vindicate - Mr. Payne further said,
he was afraid of what might happen from the peoples surrounding
the centry, and wished they might be taken off - He returned to
his own door, which is nearly on the opposite side of the street,
and there heard the people cry to the centry, fire, damn you, why
don't you fire. - I have just observ'd, that Mr. Payne expressed
his concern at the peoples surrounding the centry: Mr. Henry Knox,
another witness for the prisoners, a young gentleman of a very
good reputation, was probably near the centry while Mr. Payne was
at his own door - He testified in court, that the people were
round the centry, and they said he was going to fire - That he was
waving his gun- That he (Mr. Knox) told him, if he fired he must
die - That in return he damn'd them, and said, that if they
molested him, he would fire - That the boys were damning him and
daring him to fire - That he heard one say he would go and
knock him down for sweeping (his gun) - that he thought the centry
snapped - He added that he saw nothing thrown at the centry,
altho' he was near him till after the party came down and Mr.
Payne finished his testimony with saying, that he perceived
nothing but the talk that led him to think the Soldiers would fire.
Mr. Leigh, and Mr. Frost, both witnesses for the prisoners,
testified, that the barber's boy came up to the people, and
pointing at the centry, said, here 's the son of a b--ch that
knocked me down; upon which one of the witnesses said, the people
cried kill him - Both said, that the centry ran to the custom-
house steps, knocked at the door, but could not get in - neither
of them mention'd any thing thrown at him, nor any attack upon him
- he prim'd and loaded his gun and levelled it; told the people to
stand off, and called to the main-guard; upon which Capt. Preston
and his party came down - Mr. Bulkly, summoned also by the
prisoners, testified that he thought the centry was in danger, by
the number of people about him, and the noise; and mentioned no
other reason for his thinking so - he said that a person told
Capt. Preston, that they were killing the centry - This person was
probably one Thomas Greenwood, a servant in the custom-house; for
he himself declared before the magistrates, that he was in the
custom-house, and went from thence to the main-guard, and told one
of the Soldiers, if they did not go down to the centry, he was
afraid they would hurt him, tho' he had not seen any person insult
him - This man, at the same time depos'd, that he saw two or three
snow balls fall near the steps of the custom-house, but saw no
person throw any stones; tho' he had placed himself in the most
convenient room in the house for observation - Mr. Harrison Gray
mention'd the people round the centry, making use of opprobrious
language, and threatening; but said nothing of their attacking
him, or throwing anything at him - Mr. Hinckley declared, that the
people went to the centry, and at last some of them cried kill
him, but did not see any attempt to hurt him - Mr. Cornwall swore,
that he saw snow balls and 2 or 3 oyster shells thrown at the
centry, but did not think they hit him - he heard several young
gentlemen perswading the people to go off, and believed they all
would have gone off, if the Soldiers had not come down - Mr.
Helyer declared, that he came into King-street, and saw the centry
and twenty or thirty persons - some boys at their diversion - The
centry wav'd his gun in a way that had a tendency to exasperate
the people - Mr. Brewer saw the centry with his bayonet breast
high - a number of boys, twenty or more round him, talking but
doing nothing. Mr. Bailey was standing with the centry on the
custom-house steps - saw 20 or 30 boys of about 14 years old -
they were throwing pieces of ice at him, large and hard enough to
hurt him, but did not know whether they hit him. This must appear
very strange as he was so near him - his standing with him on the
steps, would lead one to think he was an acquaintance of the
centry; which is confirmed by another circumstance, for he said
that when the party came down, one of the Soldiers put his bayonet
to his breast, and the centry told him not to hurt him - Mr.
Simpson swore, that the centry knock'd at the customhouse door -
that a person came to the door and spoke to him, upon which he
turn'd and loaded his gun - There was one witness, and I think but
one, who mention'd pieces of sea-coal thrown at the centry; and
that was Andrew a Negro - A fellow of a lively imagination indeed!
- One, who I believe could tell as good a story even to my lord of
H. and give his lordship as circumstantial an account of "the
unhappy transaction", as some, who have already had the honor of
doing it, & who may think themselves to be Andrew's betters - he
is remarkable for telling romantick stories in the circles of his
acquaintance - And whether his fancy had beguil'd his own
judgment, or whether he had a mind to try his success at painting
upon so serious an occasion, or lastly, whether he was resolv'd to
do his utmost to save the prisoners, I pretend not to say; but he
certainly made some folks believe, that the ashes made of sea-coal
burnt with great savings in the adjacent offices, were like the
cinders thrown out of a blacksmith's shop -Andrew's evidence, if
not his judgment, was greatly rely'd upon; and the more, because
his master, who is in truth an honest man, came into court and
swore to his character; and further said, that Andrew had told
him, that He really believ'd the inhabitants were to blame - It
is, I am apt to think, in general true, that no man knows so
little of the real character of his servant, as the master himself
does: It is well known, that the Negroes of this town have been
familiar with the soldiers; and that some of them have been
tamper'd with to cut their master's throats: I hope Andrew is not
one of these. His character for integrity and even for learning,
for he can both read & write, has been upon this occasion wrought
to so high a pitch, that I am loth even to hint any thing that may
tend to depreciate it; otherwise, I should say, that there are
some, whose kitchens Andrew has frequented, who will not give him
quite so exalted a character, as others, who had not known him,
thought he deserved. - Several others, witnesses for the prisoners
testified to the same purpose; that the people encroach'd upon the
centry; that he loaded his gun and threatned to fire upon them;
and that they in return dared him to fire, and throw'd a few snow
balls. Mr. Hall said, that he presented his gun at the people, and
they threw snow balls and some oyster-shells at him; and they hit
his gun two or three times - Mr. Payne who saw the centry when he
was alone, and until the party came up and fired, "perceived
nothing but the talk, that he thought would have induced him or
any of the Soldiers to fire": Words are not an assault, and could
not warrant him to fire: Mr. Knox and others saw nothing thrown at
him nor any attack made on him: Mr.-----and some others said, they
saw snow balls and other things thrown at him; but it appears very
probable, from the course of the evidence, that if any thing was
thrown at him, it was not till he had loaded his gun, threatened
to fire, & waved it in such a manner as tended to exasperate
people; and as Mr. Knox tho't, had snapped his gun. The first
assault was made by the centry himself, when upon a foolish
provocation in words only, he struck the barber's boy: He renewed
the assault, when he loaded his gun and presented it upon the
people, threatning to fire upon them: In doing this, he put his
Majesty's subjects in terror of their lives, against the law of
the land; and they would have been justified in seizing him at
least - If he had thought himself in danger, instead of threatning
the lives of others, he must first, according to the law of the
land, have retreated if he could, and even from his post: Other
doctrine, I know, has been strongly inculcated of late, by those
who would set up, or tamely yield to, an uncontroulable military
power; but I trust in God, it will never be established here: It
never can, while the people entertain a just idea of the nature of
civil government, and are upon their guard against the daring
encroachments of arbitrary, despotic power. The people were
inclin'd to disperse, and did disperse, in the beginning of this
childish dispute; as appeared by the evidence of Mr. Parker: And
notwithstanding the mutual animosity, if the reader pleases, which
afterwards arose between the centry and them, they would have
finally dispers'd, in the opinion of another witness, if the party
had not come down from the main-guard.
VINDEX.
Jan. i.
TO STEPHEN SAYRE.
[MS., Samuel Adams Papers, Lenox Library.]
BOSTON Jany 12 1771
SIR
I wrote you p Capt Hall who saild about ten days ago, & then
inclosd, some papers publishd in the Boston Gazette upon the
Subject of the late Trial of the Soldiers. I now send you
duplicates, together with others on the same Subject since
publishd. I perceive that Mr Hutchinson is appointed Govr here,1 &
it is said he is to have an independent Salary! Is not this
perfect Despotism? What can the people of Britain mean, by
suffering their great men to enslave their fellow Subjects? Can
they think that the plan is confind to America? They will surely
find themselves mistaken. I am in haste.
1 "I find by the prints that the Commissions have been published
at Boston,14th Inst constituting Lt Gov. Hutch. Governor, and
Secrety Oliver Lt Gov. of Massachusetts." - Literary Diary of Ezra
Stiles [March 22, 1771], vol. 1., p. 97. "Govr Thomas Hutchinson and
Lieut. Govr Andrew Oliver, Esq's., commissions published ; Judges in
their robes, and all the Bar in their habbits, Walked in procession."
[March 14, 1771], The Diaries of Benjamin Lynde, and of Benjamin
Lynde, Jr., p. 201.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, January 14, 1771.]
To the PRINTERS.
I Have in my last, consider'd the situation and behavior of the
centry, and the people that were round him, immediately before the
coming down of the Soldiers from the main-guard. Some of the
witnesses, sworn in open court, who I believe, are allow'd to be
of equal credit with any of the rest, and were present thro' the
whole bloody scene, declared, that they perceived nothing thrown
at the centry - Nothing but the number of people and the noise
they made, that led them to apprehend he was in danger - Nothing
but the talk, that induc'd them to think he would fire: Others
indeed saw snow balls, and other things thrown at him, after he
presented his gun, and wav'd it in an exasperating manner,
and threatened to fire: - One in particular, declared, that he saw
balls of ice thrown, large & hard enough to hurt any man: It is
strange, if he thought the centry in danger, that he should stand
so near him, as by his own testimony it is evident he did, till
the Soldiers came down: I think, upon the whole, we may fairly
conclude, that but few of these things were thrown at him; and
that they were in consequence of his loading his gun, & presenting
it at the people: It was the opinion of one of the witnesses for the
prisoners, that the people would have dispersed, if the soldiers had
not come down: It was then unfortunate, that the soldiers were so
suddenly order'd down. Whether it was regular, for a captain to take a
corporal's command, or was ever done before in the army, I leave
others to say, who are better acquainted with the art military,
than I pretend to be: If not, it may be difficult to account for
Capt. Preston's great readiness to undertake so disagreable and
dangerous a task.
In the publick Advertiser, printed in London, the 28th of April
last, I have seen a paper called, the Case of Capt. Thomas
Preston: It was published in his name, tho' not wholly his own
draft; as he declared to a committee of this town, who waited upon
him for an explanation of some passages in it,1 which were
notoriously false, and grosly reflecting upon some of the
magistrates, as well as the people of the town and province. I may
hereafter particularly consider this paper, which has had its run
thro' Britain and America; and point out
the many "faults of partiality" which are contain'd in it: The
only reason why I have not already done it, was, because I agreed
in the general sentiment of the inhabitants of this town, that
nothing of this kind should be publish'd, at so critical a
juncture, lest it might be tho't to prejudice the minds of Jurors
on a trial for life.2- It may be perhaps more easy, and of full
as much importance to the publick, to ascertain the person, who
several times alter'd the state of the case; and, as Capt. Preston
himself declared, even after it finally came out of his hands, as
it would be, to ascertain the person in a red cloke; which the
writer in Draper's paper has been so often in vain called upon to
do, in fulfillment of his voluntary promise. - In this paper,
Capt. Preston, or his friend in his behalf, says, "he sent a non-
commission'd officer and twelve men, and very soon follow'd
himself:" The witnesses in court, on both sides declared, that
Capt. Preston himself came down with the party. Again he says, he
followed, "lest the officer and soldiers should be thrown off
their guard, and commit some rash act": But, did he restrain them
from commiting so rash an act, as firing upon the multitude? - He
surely must have observ'd the violent temper which the soldiers
discover'd, as "they rushed thro' the people" according to his own
account; "upon the trot, in a threatning manner, damning the
people and pushing them with their bayonets", as Mr. Knox and
others swore in court: He knew their guns were charg'd with ball;
he declar'd it at the time, and on the spot, as Mr. Palmes testified:
Should he not then, at the very instant, when he must if ever, have
been apprehensive, that they would commit some rash act, at least
have caution'd them, not to fire, till he himself should give the
orders? Instead of this, by his own, or his friend's account,
publish'd as his own, we find no such prudent directions to the men
under his command; who by the rules of the army, would have been
liable to suffer death, if they had disobey'd! What single step did
he take, to prevent their committing a rash act, for the sake of which
alone, he tells us, he followed down? Not one according to the state
of his case, till after they began to fire: "Upon my asking the men,
says he, why they fired without orders, they said, they heard the
word, fire, and suppos'd it come from me": It seems, it was the
apprehension of the Soldiers, that he order'd them to fire; and we
must suppose, that the Soldiers were particularly attentive to their
commanding officer: But he adds, "I assured them my words were,
don't fire"; from hence it is plain that he gave them some order.
I am no Soldier, and never desire to be one: But I appeal to those
who are, whether the words, "don't fire," are words of command in
the British army; and whether there is not some other word which
Soldiers are taught to understand, more proper to be given on such
an occasion, or, as I chuse to express it, in the heat of action,
which would have prevented such rashness, and even put it out of
their power to have fired, at least to have done any mischief.
These words, I well remember, it was said were made use of in
command, at another time, and by another officer of the same
regiment; when one of the soldiers, thro' mistake, fired upon the
march, in the street, and very nearly effected the death; not to
say, the murder of a worthy citizen: The soldier was soon jostled
from the reach of civil power; which was a mighty easy thing to be
done, as was found by experience, at a time when the first
magistrate of the province had publickly declared, that he had no
authority over the King's troops, which has since been repeated:
The good men of the county however, found a bill of indictment
against the officer who commanded the party: But when the matter
came upon trial before the superior court, altho' some positively
swore that he gave the word, fire, yet because the soldiers swore
that his words were don't fire, a doubt arose; and a doubt you
know, must turn in favor of the accused party; for the good old
maxim is, whether founded in the law of Moses, the common law, the
law of nature and reason, or the safety of human societies, better
ten villains escape than one honest, harmless man be hang'd-
Whether the officer would have so luckily escaped, upon a trial
before a court martial, for giving a word of command,
unintelligible in a military sense, I very much doubt.. - Capt.
Preston further said, that "his intention was not to act
offensively, nor even the contrary part, without compulsion": That
is, when he should think himself compelled, he was to act defensively;
and in what way could he or his soldiers act upon the defence, with
muskets charg'd with ball, but by discharging them upon the people,
which he must have concluded would have kill'd some of them? No
matter, the people were the agressors; and besides, "the King's money
was to be protected" as well as the centinel - Here I will acquit
Capt. Preston, as a man of too much honor to suggest a known falshood:
It has been the constant practice of a certain set of men, meanly to
insinuate, that the Americans in their exertions against lawless
power, have always had something dishonorable in view: At present, it
is the plundering the King's chest; altho' even Greenwood himself, an
hired servant in the custom-house, a dependent upon dependents, if
he is to be believed, depos'd before the magistrate, that amidst
the whole volley, as some would have it, of snow balls, oyster
shells, ice, and as Andrew said, sea coal, thrown at the centinel,
"not a single Pane of the custom-house windows were broken; nor
did he see any person attempt to get into the house, or break even
a square of glass " - The soldiers acted defensively, and it seems
as tho' Preston thought they were at length compelled to do it;
for if it was done against his orders, or barely without his
orders, with what propriety could he say to the person of the
first character in the province, "I did it to save my men," - A
precise answer indeed, to the question put to him; and therefore,
I should have thought, not "unsatisfactory," or "imperfect ", as
it was afterwards affirmed to have been.
Such were the effects of Capt. Preston's sending the non-
commission'd officer and the soldiers to protect the centinel and
the King's money; and of his following very soon after, to prevent
their committing a rash act: But if Capt. Preston had a right to
go to the protection of any man whom he thought in danger, had he or
his party a right to engage in an affray, and carry into an incensed
mob, as he calls it, weapons which could not be used without killing,
and there make use of them as he should judge necessary? Ought he not
to have called upon a civil officer, and put himself, and his men, if
required, under his direction, before he went upon so desperate a
design? Or, does the law of the land, invest every, or any military
officer, even of the highest rank, with the right, above all other
citizens, of making himself a party in a riot, under a pretence of
suppressing it; of carrying with him soldiers arm'd with weapons of
death, and making use of them at discretion, without even the presence
of a civil officer - This is a point of too much importance to be
yielded; for the lives of subjects are not to depend, upon the
judgment or discretion, much less upon the will and pleasure, or
wanton humour of his Majesty's military servants.
I am sensible, I have heretofore taken up too much room in your
useful paper: I shall avoid it at present; and the rather, to
afford you the opportunity of inserting an address "to the
PROTESTANTS of the three Kingdoms, and the COLONIES"; being the
preface to a late publication in London, containing a series of
important letters of the Earl of Hillsborough, the Marquiss of
Rockingham, and others, from a gentleman whose signature is Pliny,
junior.
VINDEX
1 See above, page 14
.
2 See above, page 102.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, January 21, 1771.]
To the PRINTERS.
As the lives of five of his Majesty's subjects were unfairly lost
on the evening of the 5th of March last, it follows that some
persons must have been in fault:
The unhappy sufferers, for ought that has ever appeared, were in
the peace of God and the King; let their memories then, so far at
least as respects this matter, remain unreproach'd. It appeared by
the evidence in court, that all the prisoners were present in king
street; that they all discharg'd their musquets but one, and his
flush'd in the pan; and that the deceas'd were all kill'd by
musquet balls. Six of the prisoners were acquitted by the jury,
and two were found guilty of manslaughter. In ordinary cases, the
publick ought to rest satisfied, with the verdict of a jury; a
method of trial, which an Englishman glories in as his greatest
security: It is a method peculiar to the English; and as a great
writer observes, has been a probable means of their having
supported their liberties thro' so many ages past: Among the most
substantial advantages arising from trials by juries, there is
this incidental one, in this province especially; that by our
laws, no man being oblig'd to serve as a juryman more than once in
three years, it falls upon the freemen as it were by rotation; by
this means, the people in general are in their turns called to
that important trust; by attending in courts of law and justice,
it is to be presum'd that their minds are there impress'd with a
sense of justice; and that they gain that general idea of right or
law, which it is necessary that all men in a free country should
have. "It is an admirable institution, by which every citizen may
be plac'd in a situation, that enables him to contribute to the
great end of society, the distributing justice; and it every where
diffuses a spirit of true patriotism, which is zealously employed
for the publick welfare." I am not about to arraign the late
jurors before the bar of the publick: They are accountable to God
and their own consciences, and in their day of trial, may God send
them good deliverance. But in times when politicks run high, we
find by the experience of past ages, it is difficult to ascertain
the truth even in a court of law: At such times, witnesses will
appear to contradict each other in the most essential points of
fact; and a cool conscientious spectator is apt to shudder for
fear of perjury: If the jurors are strangers to the characters of
the several witnesses, it may be too late for them to make the
enquiry, when they are upon their seats: The credibility of a
witness perhaps cannot be impeac'd in court, unless he has been
convicted of perjury: But an immoral man, for instance one who
will commonly prophane the name of his maker, certainly cannot be
esteemed of equal credit by a jury, with one who fears to take
that sacred name in vain: It is impossible he should in the mind
of any man: Therefore, when witnesses substantially differ in
their relation of the same facts, unless the jury are acquainted
with their different characters, they must be left to meer chance
to determine which to believe; the consequence of which, may be
fatal to the life of the prisoner, or to the justice of the cause,
or perhaps both. It was for this reason, that I was concern'd,
when the council for the crown objected the notoriety of the
immoral character of a witness, that he was stopped by one of the
council on the other side. In a court of justice, it is beneath
any character to aim at victory and triumph: Truth, and truth
alone is to be sought after.
While the soldiers were passing from the main guard to the custom-
house, it did not appear by any of the witnesses, that they were
molested by the people; if we except what was mention'd, as having
been said by Mr. Car, one of the deceased persons: His doctor
testified, that he told him, the "people pelted them as they went
along". - The declaration of a dying man commonly carries much
weight, and oftentimes, possibly more than it ought: This man's
declaration was not made upon oath, nor in the presence of a
magistrate: The doctor had a curiosity, as most had, to know how
matters were, and enquired of his patient who he thought could
inform him; it may be, not expecting to be called to relate it
before a court, nine months afterwards, when he might have nothing
but memory to recur to: No one disputes the doctor's understanding
or integrity: I have before said, that others were ready to
testify, that Car gave them a very different account from that
which he gave to his doctor: It ought to be remembered, that the
unhappy man was laboring under the pains and anxiety occasioned by
a mortal wound; and might not be able at all times to attend duly
to such questions as were asked him: What makes it highly probable
that he must have been mistaken, is, that among the many
witnesses, not one on either side, mention'd their seeing the
least ill usage offer'd to the soldiers as they pass'd from the
main guard; not even Mr. Gridley, whose declared intention was, at
the request of some gentlemen, with whom he had been in company,
to
It is agreed by the witnesses for the prisoners, who mention'd
their seeing the soldiers upon their first coming down, that they
loaded their guns, levelled them at the people & began to insult &
abuse them, (as indeed they did upon their march); before any just
provocation had been offer'd to them. - Mr. Hinckley saw the party
come down - they loaded - push'd their bayonets and pricked the
people - Mr. Wilkinson also saw the party come down; did not see
anything thrown at them, tho' he stood at two or three yards
distance - Mr. Murray said they came down and cried make way -
Andrew declared, that the party planted themselves at the custom-
house - the people gave three cheers - he heard one of the
soldiers say, damn you stand back - one of them had like to have
prick'd a man as he was passing by, and swore by God he would stab
him - several persons were talking with the captain, and a number
pressing on to hear what they said; one of the persons talking
with the officer said "he is going to fire"; the people shouted
and said, he dare not fire; and then they began to throw snow
balls. Even by Andrews account, the people were rather curious to
know what the soldiers design'd to do, than intent upon doing
them any hurt, untill they were assaulted by them; which I am apt to
think is true; because Newtown Prince, another Negro, of whom for my
own part I conceive a better opinion than of Andrew, declared, that
the Soldiers planted themselves in a circle - their guns breast high
-and, the people crowded on, to speak with Capt. Preston - and
further, several of the witnesses swore that they themselves talked
with the Captain, and one of them caution'd him against firing
- Capt. Preston himself also in his printed state of his case says,
that he reasoned with "some well behav'd persons": To show that "as
he was advanced before the muzzels of their pieces, he must fall a
sacrifice if they fired " -and that his ordering them to fire "upon
the half cock and charged bayonets would prove him no officer"; all
which might be true, and yet in my humble opinion not quite so
"satisfactory" as the answer which he afterwards gave to the
Lieutenant Governor; for he might, I suppose, in an instant shift his
station, and the soldiers, by a proper word of Command, might
discharge their musquets without his falling a sacrifice or forfeiting
the character of a soldier - Such a manner of reasoning upon their
question, whether he intended to order the men to fire, was evasive;
and may serve to show Captain Preston's opinion, that however well
behav'd these gentlemen were, they were no Soldiers.
I shall now take notice of what the witnesses for the crown testified
concerning the behavior of the Soldiers, upon their first arrival at
the custom-house. Mr. Austin saw the party come down; the captain was
with them; McCauley, one of the prisoners, loaded his gun, push'd at
him with his bayonet and damn'd him - He did not observe the people
press on - Mr. Bridgham declared, that about a dozen surrounded the
Soldiers and struck their guns with their sticks: But he also said the
Soldiers were loading at the same time - He further added, that he did
not apprehend himself or the Soldiers in any danger by any thing he
saw, from whence it may be suppos'd, that as the people struck their
guns only, when they might as easily have have knocked them down,
their intention was not to hurt them, but rather to prevent their
loading - Mr. Brewer saw the party come down - told Captain Preston
that every body was about dispersing; in which he agreed with another
witness, who was of the opinion that the people would have dispers'd
if the Soldiers had not come down; Mr. Brewer added, that Killroi, one
of the prisoners, struck him with his bayonet before they formed, and
that he saw no blows and nothing thrown before the firing - Mr. Bailey
testified, that when the party came down, Carrol one of the prisoners
put his bayonet to his breast. Mr. Wilkinson stood at about two yards
distance from the Soldiers all the while they were there - He saw no
ice nor snow balls thrown; in which he agreed with Mr. Austin - Mr.
Fosdick testified, that he was push'd as the party came down - that
afterwards they wounded him in the breast - two different bayonets
were thrust into his arm - all this while there had been no blows that
he saw, nor did he know the cause of their firing - Mr. Palmes saw
Capt. Preston at the head of the Soldiers who were drawn up with their
guns breast high and their bayonets fixed; and Preston told him they
were loaded with powder and ball - I think I have mentioned all the
witnesses, who testified in court to what they saw upon the first
arrival of the party at the customhouse: And by their testimonies the
reader will judge, whether the Soldiers had just provocation to fire
upon the people; or whether they were in danger of their lives or had
any reason to think they were: On the contrary, whether they did not
themselves first assault the people as they were coming from the main
guard; and afterwards, by levelling their guns loaded with ball in an
exasperating manner at the people; pushing their bayonets at some of
them, wounding others and threatning all, even before any injury had
been offer'd to them.
I shall conclude what I have to say upon this interesting subject in
my next. In the mean time let me assure Philanthrop, that I am fully
of his mind, that a true patriot "will not from private views, or by
any ways or means foment and cherish groundless fears and jealousies":
But perhaps we may not be so well agreed in our determination, when
the fears and jealousies of our fellow citizens are groundless - It is
I believe the general opinion of judicious men, that at present there
are good grounds to apprehend a settled design to enslave and ruin the
colonies; and that some men of figure and station in America, have
adopted the plan, and would gladly lull the people to sleep, the
easier to put it in execution: But I believe Philanthrop would be far
from acknowledging that he is of that opinion. The fears and
jealousies of the people are not always groundless: And when they
become general, it is not to be presum'd that they are; for the people
in general seldom complain, without some good reason. The inhabitants
of this continent are not to be dup'd "by an artful use of the words
liberty and slavery, in an application to their passions," as
Philanthrop would have us think they are; like the miserable Italians,
who are cheated with the names " Excommunication, Bulls, Crusades,"
&c. They can distinguish between "realities and sounds"; and by a
proper use "of that reason which Heaven has given them ", they can
judge, as well as their betters, when there is danger of slavery. They
have as high a regard for George the III. as others have, & yet can
suppose it possible they may be made slaves, without "enslaving
themselves by their own folly and madness"; They can believe, that men
who "are bone of our bone, and flesh of our flesh, born and bred among
us," may, like Achan, for a wedge of gold, detach themselves from the
common interest, and embark in another bottom; in hopes that they,
"with their wives and children" will one day stand and see, and enjoy,
and triumph, in the ruins of their country: Such instances there have
been frequently in times past; and I dare not say, we have not at
present, reason enough for "exclaiming with the roman patriot, 0
tempora, 0 mores ". The true patriot therefore, will enquire
into the causes of the fears and jealousies of his countrymen; and if
he finds they are not groundless, he will be far from endeavoring to
allay or stifle them: On the contrary, constrain'd by the Amor Patrae,
and from public views, he will by all proper means in his power foment
and cherish them: He will, as far as he is able, keep the attention of
his fellow citizens awake to their grievances; and not suffer them to
be at rest, till the causes of their just complaints are removed. - At
such a time Philanthrop's Patriot may be "very cautious of charging
the want of ability or integrity to those with whom any of the powers
of government are entrusted": But the true patriot, will constantly be
jealous of those very men: Knowing that power, especially in times of
corruption, makes men wanton; that it intoxicates the mind; and unless
those with whom it is entrusted, are carefully watched, such is the
weakness or the perverseness of human nature, they will be apt to
domineer over the people, instead of governing them, according to the
known laws of the state, to which alone they have submitted. If he
finds, upon the best enquiry, the want of ability or integrity; that
is, an ignorance of, or a disposition to depart from, the
constitution, which is the measure and rule of government &
submission, he will point them out, and loudly proclaim them: He will
stir up the people, incessantly to complain of such men, till they are
either reform'd, or remov'd from that sacred trust, which it is
dangerous for them any longer to hold. -Philanthrop may tell us of the
hazard "of disturbing and inflaming the minds of the multitude whose
passions know no bounds": A traitor to the constitution alone can
dread this: The multitude I am speaking of, is the body of the people
- no contemptible multitude - for whose sake government is instituted;
or rather, who have themselves erected it, solely for their own good -
to whom even kings and all in subordination to them, are strictly
speaking, servants and not masters. "The constitution and its
laws are the basis of the public tranquility - the firmest support of
the public authority, and the pledge of the liberty of the citizens:
But the constitution is a vain Phantom, and the best laws are useless,
if they are not religiously observed. The nation ought then to watch,
and the true patriot will watch very attentively, in order to render
them equally respected, by those who govern, and the people destin'd
to obey " - To violate the laws of the state is a capital crime; and
if those guilty of it, are invested with authority, they add to this
crime, a perfidious abuse of the power with which they are entrusted:
"The nation therefore, the people, ought to suppress those abuses with
their utmost care & vigilance" - This is the language of a very
celebrated author, whom I dare say, Philanthrop is well acquainted
with, and will acknowledge to be an authority.
Philanthrop, I think, speaks somewhat unintelligibly, when he tells us
that the well being and happiness of the whole depends upon
subordination; as if mankind submitted to government, for the sake of
being subordinate: In the state of nature there was subordination: The
weaker was by force made to bow down to the more powerful. This is
still the unhappy lot of a great part of the world, under government:
So among the brutal herd, the strongest horns are the strongest laws.
Mankind have entered into political societies, rather for the sake of
restoring equality; the want of which, in the state of nature,
rendered existence uncomfortable and even dangerous. I am not of
levelling principles: But I am apt to think, that constitution of
civil government which admits equality in the most extensive degree,
consistent with the true design of government, is the best; and I am
of this opinion, because I agree with Philanthrop and many others,
that man is a social animal. Subordination is necessary to promote the
purposes of government; the grand design of which is, that men might
enjoy a greater share of the blessings resulting from that social
nature, and those rational powers, with which indulgent Heaven has
endow'd us, than they could in the state of nature: But there is a
degree of subordination, which will for ever be abhorrent to the
generous mind; when it is extended to the very borders, if not within
the bounds of slavery: A subordination, which is so far from conducing
"to the welfare and happiness of the whole", that it necessarily
involves the idea of that worst of all the evils of this life, a
tyranny: An abject servility, which instead of "being essential
to our existence as a people," disgraces the human nature, and sinks
it to that of the most despicable brute.
I cannot help thinking, that the reader must have observed in
Philanthrop's last performance, that a foundation is there laid for a
dangerous superstructure: and that from his principles, might easily
be delineated a plan of despotism, which however uncommon it may be,
for the laws and constitution of the state to be openly and boldly
oppos'd, our enemies have long threatened to establish by violence. If
Philanthrop upon retrospection shall think so, he will, like a prudent
physician, administer an antidote for the poison: If not, I hope the
attention of others will be awakened to that excellent maxim, "no less
essential in politicks than in morals", principiis obsta. It is
impolitick to make the first attempt to enslave mankind by force: This
strikes the imagination, and is alarming: "Important changes
insensibly happen: It is against silent & slow attacks that a nation
ought to be particularly on its guard."
VINDEX.
Jan. 15th.
ARTICLE SIGNED VINDEX."
[Boston Gazette, January 28, 1771]
To the PRINTERS.
In my last, I recollected the testimonies of the witnesses on both
sides, who related in court the behavior of the soldiers and the
people, on the fatal evening of the fifth of March last. The reader,
if he pleases, will judge; whether the people struck the soldiers
guns, or threw snow balls or any other thing, or offer'd them the
least violence, from their first turning out till they had march'd to
the custom-house, abused, threatned, beat and wounded the people,
loaded their guns with powder and ball, levelled them, and waved
them in an exasperating manner, and gave out that they would fire; for, if
Andrew is to be believed, he testified, that when one of the persons
talking with the officer, turn'd and said, "they are going to fire ",
the people shouted, and said "they dare not fire ", and then they
began to throw snow balls. If all these things were done by the
soldiers, before the people offer'd them any injury, I would ask, who
made the first assault? If there was an unlawful assembly, who were
they? Were the people the unlawful assembly, who were collected
together, some from an apprehension of fire in the town, and with the
necessary preparations, engines and buckets, to have extinguish'd it,
if there had been one; others from the more alarming apprehension,
that the soldiers had issued from the barracks, as indeed they had
done, and that agreable to their threatnings many days before, and
their correspondent behavior on that very evening, they were
massacreing the inhabitants? Were they, who bore all that insolent and
irritating language from the soldiers, as they march'd from the main
guard, and before they form'd at the customhouse; who were push'd at,
struck with bayonets and wounded, to be charg'd with being the
aggressors, because they finally, when they saw them bent upon firing
against repeated warnings, took such methods as their understanding
dictated to them, in the midst of such a scene, to prevent their
"committing so rash an act"? An act, which it was the duty as well as
the profess'd design of their officer to have prevented; and which, in
the opinion of some, he might have prevented if he would: And yet we
find a person of high rank and figure in this province, testifying in
court in the case of Capt. Preston, that such was his opinion of the
prudence of this same officer, that he should have chosen him out to
have commanded upon a like occasion.
I believe, that in ordinary times, if a banditti of men of violence
had been seen, with guns loaded and bayonets fix'd, trembling with
rage, and ready to fire upon a multitude in the street, it would have
been counted meritorious, in any man or number of men, at all events
to have disarm'd them; and if death had ensued in the attempt, perhaps
it would not have been adjudg'd excuseable homicide or manslaughter. I
am sensible it is said by some, that it was the duty of the soldiers
to maintain their post: It was sworn by a military officer in court,
that "the centinel at the custom-house, was station'd and appointed by
the commanding officer, Lieut. Colonel Dalrymple; that they could not
stir from their post, and it was at their peril if they did"; and
Capt. Preston in his state of the case says, "He sent a party to
protect the centinel": But this is military language; to be used in
camps and garrison'd towns, not in free cities; in courts martial, and
not in courts of common law: It is dangerous to adopt military maxims,
however pleasing they may be to some men, and to bring them into use
in civil societies: If the centinel had been in danger, as was
pretended, the law of the land, to which the most distinguish'd
officer in the King's army is subjected, would have protected that
centinel: Or, if there had indeed been a dangerous mob,
the law would have suppress'd it; and no soldier should have dared to
have interfered, as a soldier, without the command of a civil
magistrate.
Capt. Preston in his state has said, "The mob still increas'd, and was
more outrageous": And what did he say the mob did after they became
more outrageous? Why, "they struck their clubs or bludgeons one
against another: and called out, come on you rascals, bloody backs,
lobster scoundrels, fire if you dare, we know you dare not fire, and
much more such language": But surely it will not be said, that all
this would justify or excuse their firing: This was after the soldiers
had insulted and wounded the people, and had loaded their guns and
threatned to fire, as appears by the current evidence; and yet
hitherto, by his own account, we find no violence nor even threat
offer'd to the soldiers; nothing but hard names and daring them to
fire. He adds, "while I was parleying and endeavoring all in my power
to perswade them to retire peaceably - they advanced to the points of
the bayonets, struck some of them, and even the muzzels of the
peices"; which corresponds with the testimonies of some of the
witnesses in court before mentioned, who said that while they were
loading, the people struck their guns; very probably, however
indiscrete it might be, to prevent their firing. He further says "they
seem'd to be endeavoring to close in with the soldiers" : This was not
mention'd by any witness in court, nor does it seem to be likely:
Indeed, I cannot see how Capt. Preston could imagine, that they seem'd
to be endeavoring to close in with the soldiers: He says, "he was
talking with some well behaved persons, who had asked him whether he
intended to order the men to fire": Some of the witnesses mention'd
the people's pressing in, and more naturally accounted for it, viz,
from a curiosity "to know what was said ". Capt. Preston adds,
"while I was thus speaking (with the well behaved persons, and in all
likelihood at the very instant, when Andrew testified it was said,
they were going to fire) one of the soldiers having received a severe
blow with a stick, stepped a little on one side and instantly fired."
Upon this, says Capt. Preston, "a general attack was made upon the
men": So that there was no general attack, according to his account,
till after the firing; which agrees with Mr. Bridgham and other
unexceptionable witnesses in court, who declared, that "there was no
danger to the soldiers from any thing they saw " -- " no molestation,
nor any thing which they thought could produce firing": Indeed, one of
the witnesses for the prisoners, Mr. Nath. Russell testified, that
"the soldiers were in a trembling situation, and seemed to apprehend
themselves in immediate danger of death"; but being interrogated,
whether their trembling might not be the effect of rage, he replied,
perhaps it might proceed both from fear and rage. If there had been
such a general attack as Capt. Preston mentions, after one of the
soldiers had actually fired, and the others appear'd to be just ready
to fire (for they all discharg'd their guns in a few minutes
afterwards) it would have been such an appearance as might naturally
have been expected; and therefore Capt. Preston, who, as he says,
"followed" the party for that very purpose, should have taken more
effectual care than he did to have "prevented so rash an act " - There
was time enough for him to have at least prevented the continuance of
the firing after the first gun was discharg'd, and consequently to
have saved the lives of some of his Majesty's subjects ; for Mr.
Bridgham testified, that there was half a minute between the first
and the second gun.
It seems by the evidence, that Montgomery, one of the prisoners, was
the first who fired: It is probable that he was the man, whom Captain
Preston mentions, as having received a blow: The witnesses varied in
their testimonies concerning this fact: He was struck with a stick,
either flung from behind or otherwise: Some say he was knock'd down;
others, that he did not fall: Capt. Preston himself said, "he stepped
a little on one side": Mr. Palmes, who gave, I think, the clearest
account of this matter, declared, that he saw Montgomery struck; he
stepped or sallied back, he could not say which - he did not fall; he
was sure he was not knock'd down before he fired; he could not be, &
he not see it, for his hand was laid familiarly on Capt. Preston's
shoulder, and the soldier stood close to the Captain; he added, that
he himself knock'd Montgomery down, after they had all fired; and the
reason was, that because even then, he was going to prick him with his
bayonet. It seems, the rage of passion in the breast of this soldier,
like that in Killroi's, had not abated, after discharging his piece
upon the people: His thirst was not even then asswaged:' Upon his
attempt, after all the firing, and while numbers were dead on the spot
before him, to stab Mr. Palmes, he struck with his stick, and knock'd
his gun out of his hand; and then he struck the first man he could,
which happened to be Preston: A circumstance related by Preston
himself, with this difference; he says he received the blow, as he
turned to the man who fired, and asked him why he fired without
orders; Mr. Palmes said, it was after all the guns were fired: So that
if Mr. Palmes was not mistaken, Capt. Preston did not put that
necessary question, till after all the firing was over, tho' there was
half a minute's distance between the first and second gun! Mr. Palmes
spake upon oath in court; Capt. Preston did not: Which of them was the
more disinterested person, the reader will judge. Mr. Palmes mentioned
a further struggle between him and Montgomery; and the soldier, after
the third attempt to stab him, in missing him fell to the ground, and
he escaped with his life. - Mr. Danbrook saw Montgomery fire, and two
persons fall - Mr. Bass also saw the same soldier fire; was sure he
did not fall before he fired; he stood where he must have seen it; he
thought he fell afterwards, which co-operates with Mr. Palmes's
testimony. - Mr. Burdick went up to one of the soldiers, whom he took
to be the bald man (pointing at Montgomery); asked him whether he
intended to fire; he answered, yes by the eternal God! A soldier
push'd his bayonet at him, upon which he struck at him a violent blow
and hit the cock of his gun; he saw but one thing thrown, and that was
a short stick ; he heard a ratling, & took it to be the knocking of
the soldiers guns together; for the ground was slippery, and they were
continually pushing at the people; after the firing, while the people
were taking up the dead, the soldiers began to present and cock their
guns, and then the officer said don't fire any more. - Andrew
declared, that the soldiers were pushing with their bayonets
all the time he was there; and that the people (being advis'd so to do
before any gun was discharged) seemed to be turning away to leave the
soldiers : he gives a very minute account of three or four person's
coming round Jackson's corner, with a stout man at their head - his
throwing himself in and making a stroke at the officer - their paying
upon each others heads - and the soldiers paying upon the heads of the
people too; and concludes this part of his narrative, with the
soldiers firing: It seems however, to be the account of the contest
between Mr. Palmes and Montgomery, after all the firing was over, as
related by Mr. Palmes; and wro't up and embellished, in a manner in
which Andrew was said to be capable of doing, and sometimes to have
done upon occasions of mirth, and to divert company.
It appears from what has been said, that after the Soldiers had
repeatedly put the lives of individuals in danger, by pushing them
with their bayonets and stabbing them; and had loaded their guns and
threatned to fire upon the multitude indiscriminately, and the people
had reason to apprehend they were just about to put their threats into
execution, by a stick thrown as is most probable, Montgomery received
a blow: That this was tho't by him sufficient provocation to fire upon
the people, by which one of the witnesses said, two persons were
killed; that Capt. Preston, at so alarming a juncture took no method
to prevent the rest from firing, if what was testified, in court is to
be credited; or, if his own account must be rely'd upon, he exerted no
authority over his men, but used expostulations only: "I asked him
(who first fired and as soon as he had fired) why he fired without
order"; very faintly said indeed, by a gentleman in command, and who
had followed the party to "prevent their committing a rash act": What
ensued was enough to show, either that he had no command over the men,
or that they did not apprehend he was much adverse to their firing;
for they soon after fired, and as we are told, without orders - That
after they had all fired, Montgomery made three attempts to stab Mr.
Palmes, who defended himself, and with difficulty escaped with his
life - That the Soldiers had even at that time, again loaded their
guns and were then, ready to repeat the bloody "action", and fire upon
the people as they were taking care of the dead! Then, for the first
time, we hear of a positive order from Capt. Preston "don't fire
anymore": His order before should have been, "don't fire by any means
", or some other order equivalent to the last, and more regular
perhaps than either. - It further appeared by the evidence in court,
that when the first gun was fired, the people began to disperse: Mr.
Bridgham, whose testimony I presume, will not be disputed, said "they
retired after the first gun": Was it not then "such malignity as might
hardly have been expected from barbarians," to continue firing!
Astonishing as it may be to humanity, this they did: And being
resolved to do further execution, Mr. Williams, a person of known
credit, testified, that "they waved their guns at the people as
they ran": And what, if possible, is still more barbarous, the last
man that fired, as Mr. Bridgham testified, "level'd his gun at a boy,
and mov'd it along, with the motion of the lad"; which testimony, if
it needs it, is confirmed by that of Mr. Helyer: Both agreed that the
lad was not wounded.
"I shall make no further comments; there needs none": I will just say,
that however safely Philanthrop may speak, when he tells us, that "no
individual can have a right, openly to complain or murmur"; if the
times at present were even such, as not to allow one openly to declare
the utmost detestation of such slavish doctrine, I would still venture
to declare my opinion to all the world, that no individual is bound,
nor is it in the power of the tyrants of the earth to bind him, to
acquiesce in any decision, that upon the best enquiry, he cannot in
his conscience approve of. I pretend not to judge the hearts of men:
The "temptations that some men could be under, to act otherwise than
conformably to the sentiments of their own hearts" are obvious: But I
would ask Philanthrop, whether, if a man should openly say, that those
temptations have had their genuine effects, he would not expose
himself to have a bill of information filed against him, by the
attorney general, and to be dealt with in a summary way.
As it was published to the world by Mr. Draper, that the witnesses in
the trial of the custom-house officers, were not credited, I may
possibly hereafter, when I shall be more at leisure, make that the
subject of a free enquiry.
VINDEX.
TO CHARLES LUCAS.1
[MS., Samuel Adams Papers, Lenox Library; the text is in W. V. Wells,
Life of Samuel Adams, vol. i., p. 383.]
BOSTON [March 12] 1771
SIR
Your Letter of the 1 Sept 1770 has been laid before the Town of Boston
at their annual Meeting & attended to with great Satisfaction, and we
are appointed a Committee to return a respectfull Answer. Accordingly
we take this Opportunity in Behalf of the Town to acknowledge the kind
Sentiments your Letter expresses towards us and to intreat you to
employ your Abilities for our Advantage whenever a favorable
Opportunity may present. We are very sensible that you have an arduous
Task in resisting the Torrent of Oppression & arbitrary Power in
Ireland: a kingdom where the brutal power of standing Armies, & the
more fatal Influence of pensions & places has left, it is to be feard,
hardly any thing more than the Name of a free Constitution. We wish
you Strength & fortitude to persevere in patriotick Exertions. Your
Labour will meet with its immediate & constant Reward, in the most
peaceful & happy Reflections of your own mind amidst the greatest
discouragements; and be assured that the Man who nobly vindicates the
Rights of his Country & Mankind shall stand foremost in the List of
fame.
1 Of Dublin. Cf. Dictionary of National Biography, vol. xxxiv., p.
231. The committee which reported this letter was appointed March 12,
and consisted of James Bowdoin, Joseph Warren, Samuel Pemberton,
Richard Dana and Adams. Boston Record Commissioners' Report, vol.
xviii., p. 46.
Franklin wrote to Bowdoin, January 13, 1772: "In Ireland, among the
Patriots, I dined with Dr. Lucas." J. Bigelow, Complete Works of
Benjamin Franklin, vol. iv., p. 439.
TO ARTHUR LEE.
[Ms., Samuel Adams Papers, Lenox Library.]
BOSTON April 19 1771.
SIR
Your Letter of the 31 Decr which I receivd by Cap Scott a few days
past affords me great Satisfaction; especially as it promises a
Correspondence which I dare say will be carried on with an Openness &
Sincerity becoming those who are anxiously concernd for the publick
Liberty at so alarming a Crisis.1 Perhaps there never was a time when
the political Affairs of America were in a more dangerous State; Such
is the Indolence of Men in general, or their Inattention to the real
Importance of things, that a steady & animated perseverance in the
rugged path of Virtue at the hazard of trifles is hardly to be
expected. The Generality are necessarily engagd in Application to
private Business for the Support of their own families and when at a
lucky Season the publick are awakened to a Sense of Danger, & a manly
resentment is enkindled, it is difficult, for so many separate
Communities as there are in all the Colonies, to agree in one
consistent plan of Opposition while those who are the appointed
Instruments of Oppression, have all the Means put into their hands, of
applying to the passions of Men & availing themselves of the
Necessities of some, the Vanity of others & the timidity of all.
I have long thought that a Design has been on foot to render
ineffectual the Democratical part of this Government, even before the
province was cursd with the Appointment of Bernard, and so unguarded
have the people been in former times, so careless in the Choice of
their representatives as to send too many who either through Ignorance
or Wickedness have favord that Design. Of late the lower house of
Assembly have been more sensible of this Danger & supported in some
Measure their own Weight, which has alarmd the Conspirators and been
in my opinion the true Source of Bernards Complaint against them as
having set up a faction against the Kings Authority. The 4 Judges of
the Supreme Court, the Secretary & the Kings Attourny who had been
Councellors were left out at the annual Election in 1766; this gave
great offence to the Govr, and was followd with two Speeches to both
Houses perhaps as infamous & irritating as ever came from a Stuart to
the English parliamt.2 Happy indeed it was for the Province that such
a Man was at the Head of it, for it occasiond such a Jealousy &
Watchfulness in the people as prevented their immediate & total Ruin.
The plan however is still carried on tho in a Manner some what
different; and that is by making the Governor altogether independent
of the People for his Support; this is depriving the House of
Representatives of the only Check they have upon him & must
consequently render them the Objects of the Contempt of a Corrupt
Administration. Thus the peoples Money being first taken from them
without their Consent, is appropriated for the Maintenance of a
Governor at the Discretion of one in the Kingdom of Great Britain upon
whom he absolutely depends for his Support. If this be not a Tyranny I
am at a Loss to conceive what a Tyranny is. The House of
Representatives did a few days since, grant the Govr the usual Sum for
his Support and it is expected that this Matter will be made certain
upon his refusal of it. The Govr of New York was explicit at the late
Session of their Assembly, upon the like Occasion: But I confess I
should not be surprisd if our good Govr, should accept the Grant &
discount it out of what he is to receive out of the Kings Chest;
thinking it will be conceivd by the Minister as highly meritorious in
him, in thus artfully concealing his Independency (for the
Apprehension of it is alarming to the people) & saving 1000 Pounds
sterling of the revenue at the same time.
While the Representative Body of the people is thus renderd a mere
Name, it is . . . considerd that the other Branch of the Legislative
tho annually elective, is at the same time subject to the Governors
Negative: A Consideration which I doubt not has its full Weight in the
minds of some of them at least, whenever any Matter comes before them
which they can possibly think will affect the Measures of
Administration. You will easily conjecture how far this may tend to
annihilate that Branch or produce Effects more fatal.
It seems then that we are in effect to be under the absolute Governm'
of one Man - ostensively the Governor of the province but in Reality
some other person residing in Great Britain, whose Instructions the
Govr must punctually observe upon pain of forfeiting his place. So
that any little advantage that might now & then arise from his
happening to form Connections with wise Men in the province are
totally lost. As Matters are now circumstancd he must associate with
Pensioners, Commissioners of the Customs Officers of the Army & Navy,
Tools Sycophants &c who together with him are to make such
representations as to them shall seem meet, & joyntly if Occasion
shall require it, execute such Orders as they shall from time to time
receive. Such is to be the happy Government of free British Subjects
in America. I will however do Govr Hutchinson the Justice to say that
tho he may 3 . . yet he has a very natural Connection with some of the
principal Gentlemen Inhabitants of the province for his Excellencys
own Brother is a Justice of the Superior Court, & also a Judge of the
probate of Wills & he has also a Brother by marriage upon the same
superior Bench. Moreover the Lt Govr is his Brother by marriage who
has an own Brother & a Brother by marriage who are justices of the
Superior Court. As these Gentlemen are Natives of the province it is
hoped the Channells of Justice will remain unpolluted notwithstanding
his Excellencys other Connections.
1 On January 10, 1771, Lee wrote to Adams: Our friend Mr. Sayre has
done me the favour of communicating to me your very obliging
invitation to a correspondence."-R. H. Lee, Life of Arthur Lee, vol.
i., p. 249.
2 See Vol. I., pages 79, 83.
3 At this point the words "mar a State of Absolute Independency in
both Houses of Assembly" are erased in the draft.
THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR.
[MS., Samuel Adams Papers, Lenox Library; a text, with modifications,
is in Massachusetts State Papers, pp. 296, 297; a text is also in
Journal of the House of Representatives, 1770-1771, pp. 241, 242.]
In the House of Representatives April 24 1771
Orderd that Mr Hancock Mr Adams Mr Ingersol of Great Barrington Capt
Brown & Capt Darby be a Committee to wait on his Excellency the
Governor with the following Answer to his Speech to both Houses at the
Opening of this Session.
May it please your Excellency.
The House of Representatives have given all due Attention to your
Speech to both Houses at the Opening of this Session.
The violent proceedings of the Spanish Governor of Buenos Ayres in
dispossessing his Majestys Subjects of their Settlement at Port
Egmont, has raisd the Indignation of all, who have a just Concern for
the Honor of the British Crown. Such an Act of Hostility, we conceive
could not but be followd with the most spirited Resolution on the part
of the British Administration, to obtain a Satisfaction fully adequate
to the Insult offerd to his Majesty, & the Injuries his Subjects there
have sustaind. Your Excellency tells us that it is probable
Satisfaction may have been made; for this Hostile act of the
Spaniards: If it is so, the publick Tranquility of his Majestys
Dominions so far as it has been disturbd, by this unwarrantable
Proceeding, is again restored; and therefore it seems to us reasonable
to suppose, that the proposd Plan of Augmentation of Troops on the
British Establishment is already receded from ; which renders any
Consideration upon that Subject on our part unnecessary.
We owe our Gratitude to his Majesty for his repeated Assurances
expressd to your Excellency by his Secretary of State, that the
Security of his Dominions in America, will be a principal Object of
his most gracious Care & Attention. This Province has frequently in
times past expended much Blood & Treasure for the Enlargement as well
as the Support of those Dominions: And when our natural &
constitutional Rights & Liberties, without which no Blessing can be
secure to us, shall be fully restord & establishd upon a firm
Foundation, as we shall then have the same Reasons and Motives
therefor as heretofore, we shall not fail to continue those Exertions
with the utmost Chearfulness & to the Extent of our Ability.
As your Excellency has no particular interior Business of the Province
to lay before us, it would have given us no uneasiness, if an End had
been put to the present Assembly, rather than to have been again
called to this Place: And we are unwilling to admit the Beliefe, that
when the Season for calling a new Assembly agreable to the Charter
shall arrive, your Excellency will continue an Indignity, & a
Grievance so flagrant & so repeatedly remonstrated by both Houses as
the Deforcement of the General Assembly of its ancient & Rightful
Seat.1
Your Excellency is pleasd to acquaint us in Form, that you have
receivd his Majestys Commission appointing you Captain General &
Commander in Chiefe in and over the Province. Your having had your
Birth & Education in this Province, and sustaind the highest Honors
which your Fellow Subjects could bestow, cannot fail to be the
strongest Motives with your Excellency to employ those Powers which
you are now vested with, for his Majestys real Service & the best
Interest of this People. The Duties of the Governor & Governed are
reciprocal: And by our happy Constitution their Dependence is mutual:
Nothing can more effectually produce & establish that Order and
Tranquility in the Province so often disturbd under the late
unfortunate Administration: Nothing will tend more to conciliate the
Affections of this People, & ensure to your Excellency those Aids
which you will constantly stand in Need of from their Representatives,
than, as a wise and faithful Administrator to make Use of the publick
Power, with a View only to the publick Welfare: And while your Excy
shall religiously regard the Constitution of this Province; while you
shall maintain its fundamental Laws, so necessary to secure the
publick Tranquility, you may be assured, that his Majestys faithful
Commons of this Province, will never be wanting in their utmost
Exertions to support you in all such measures, as shall be calculated
for the publick Good, & to render your Administration prosperous &
happy.
1 On April 3 the House had appointed a committee, and on April 4 two
committees, in connection with the requests to the Governor to remove
the General Court to Boston. Adams was a member of each of these
committees.
THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR.1
[MS., Samuel Adams Papers, Lenox Library; a text, with modifications,
is in Massachusetts State Papers, p. 298; a text is also in Journal of
the House of Representatives, 1770-1771, p. 246.]
In the House of Representatives April 25 1771
Orderd that Mr Saml Adams Brig Ruggles Mr Hersy Coll Bowers & Mr
Godfrey be a Committee to wait on his Excellency with the following
message.
May it please your Excellency.
The House of Representatives after Enquiry of the Secretary cannot be
made certain whether you have yet given your Assent to two Bills which
were laid before your Excellency early in this Session: The one for
granting the Sum of five hundred and Six pounds for your Services when
Lieutenant Governor and Commander in Chiefe; and the other for
granting the usual Sum of Thirteen hundred Pounds to enable your
Excellency, as Governor, to carry on the Affairs of this Province.
And as your Excellency was not pleasd to give your Assent to another
Bill passd in the last Session of this Assembly, for granting the Sum
of three hundred & twenty five pounds for your Services, when in the
Chair, as Lieutenant Governor, the House are apprehensive that you are
under some Restraint; and they cannot account for it upon any other
Principle, but your having Provision for your Support, in some new and
unprecedented manner. If the Apprehensions of the House are not
groundless, they are sollicitous to be made certain of it, before an
End is put to the present Session;2 and think it their Duty to pray
your Excellency to inform them, whether any provision is made for your
Support, as Governor of this Province, independent of his Majestys
Commons in it.
1 On April 24, Adams moved that the House send a message to the
Governor asking whether provision had been made for his support
independently of the legislature. The motion was carried, and Adams
was named as the first member of the committee to prepare such a
message. On April 25, he was named as the first of a committee to
present the message to the Governor.
2 The General Court was dissolved on April 26.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, June 10, 1771.]
Messieurs EDES & GILL,
BENEVOLUS, in Mr. Draper's Gazette seems to have no doubts in his
mind, but that "a general air of satisfaction arising from the
accounts given in the last Monday's papers of the present state of our
publick affairs will shew itself universally thro' the province." I
have no inclination to disturb the sweet repose of this placid
gentleman; but I must confess I see no cause for such a general air of
satisfaction from those accounts, and I will venture to add, that
there is no appearance of it in this town - Does Benevolus think it
possible for the good people of this province to be satisfied, when
they are told by the Governor, as appears by the last Monday's papers,
that he is restrained from holding the court in its antient, usual and
most convenient place without his Majesty's express leave? Does not
the charter say that the Governor shall have the power of acting in
this matter "as he shall judge necessary"?
Is it not of great importance to the welfare of the province that the
Governor should be vested with such a power, and that he should
exercise it without restraint? While he is, or thinks himself
fetter'd, by an absolute instruction to hold the assembly out of the
town of Boston, to the inconvenience of the members. and the injury of
the people, as the present House of Representatives express it, can he
be said to have the free exercise of all the powers vested in him by
the charter, which is our social compact? Will it yield such a general
satisfaction to the people as Benevolus expects, to see their Governor
thus embarrass'd in his administration, and to hear him expressly
declaring, that he must ask leave, and be determin'd by the judgment
of another in the matter in which it is his indispensible duty to act
with freedom, and by the determination of his own judgment. - Is not
this power devolv'd upon him by the constitution of the province for
the good of the people? Is it not a beneficiary grant, and therefore a
right of the people? And if instructions may controul him in the
exercise of one charter right, may they not controul in the exercise
of any or every one? And yet Benevolus would fain have it thought that
there is a general satisfaction in the town of Boston arising from
this account, and doubts not but it will run thro' the province. Does
not the present House of Representatives in their Remonstrance to the
Governor against the holding the assembly at Cambridge, instead of
"departing from the principles" as Benevolus would insinuate, adopt
the remonstrances of the two houses of the last year as founded upon
just principles? Do they not tell his Excellency that the holding the
assembly at Cambridge "was consider'd as a GRIEVANCE by the people in
general in the province; and that while it is continued it will have a
tendency to prevent a restoration of that harmony, between the several
branches of the general assembly, which is so earnestly to be desired
by all good men"? And is it so pleasant a story to be told to the
people of the province, that the Governor either cannot, or will not,
remove a Grievance of so fatal a tendency, though expressly vested by
the charter with the power of doing it if he pleases, without asking
leave to do it? How then can Benevolus possibly entertain the least
hopes that a general air of satisfaction will run thro' the province?
Is not this Instruction a novelty? Was ever a Governor before thus
restrain'd? And is it not a mortifying circumstance that a gentleman
from whom the clergy of the province, (I mean the goodly number of
SEVENTEEN out of near four hundred in the province, full seven eighths
of whom never heard that an address was intended) have express'd the
most sanguine expectations as being born and educated among us, and
who we are told accepted the government with great reluctance, should
submit to be shackled with an instruction so grievous to the people
while it is obey'd: And if HE is as resolv'd as any other Governor
would be, to make Instructions the rule of his governing, and give
them the force of laws in this province, as he certainly appears to
be, what "distinguishing mark of favor" is it, or what satisfaction
can it afford the people in general, that "a native of the province is
appointed to preside over it"? - Surely Benevolus must either be
totally inadvertent to the accounts of the state of our publick
affairs as given to us in the last Mondays papers, or he must have
altogether confided in the accounts of a confused writer in the
Evening-Post, who in the old stile of the hackney'd writers in
Bernard's administration, tells us that FACTION is now at an end; and
with an awkward air of gravity insinuates, that the people, after
having nobly struggled for their freedom, are, under the benign
influence of the present administration, "returning to their right
senses ". A firm and manly opposition to the attempts that have
been made, and are still making, to enslave and ruin this continent,
has always been branded by writers of this stamp, with the name of a
FACTION. Governor Bernard used to tell his Lordship, that it was an
"expiring faction"; with as little reason it is now said to have given
up the ghost: Gladly would some, even of the Clergy, persuade this
people to be at ease; and for the sake of peace under the
administration of "a son of the province", to acquiesce in
unconstitutional revenue acts, arbitrary ministerial mandates, and
absolute despotic independent governors, &c. &c. But the time is not
yet come; and I am satisfied that, notwithstanding the address of a
few who took the opportunity to carry it through, while only the small
number of twenty-four were present, there is in that venerable order a
great majority, who will not go up to the house of Rimmon, or bow the
knee to Baal.
CANDIDUS.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, June 17, 1771.]
Messieurs EDES & GILL,
It is not very material whether the Address of the Convention of the
Clergy, as it is called by the Layman, in Mr. Draper's last Paper, was
the Act of seventeen or twenty three Gentlemen, or whether there were
only twenty-four or thirty present, when the Vote was procured. - Be
it as it may, it is a Question, why this Matter was bro't on and
finished so early, and when so small a Number as thirty, if so many,
were present. - It is said that after the Address was Voted, the
Number increased to Sixty; and upon a Proposal to reconsider the Vote,
"not above Ten of that Number voted for such Reconsideration."
Allowing this to be the Case, it appears, that not more than one in
seven of the Congregational Clergy of this Province were at the
Meeting, and in all Probability seven-eighths of that Denomination
never heard that an Address was intended; for I am told, that upon a
moderate Computation, their Number in the Province is at least upwards
of Four-Hundred. I should be glad therefore, if the Reverend Doctor
who presided at the Meeting, would inform us, with what Propriety the
World is told, that this was "the Address of the Congregational
Ministers of the Province."
For my own Part, I pay very little Regard to Addresses to Great Men:
Whenever they appear to be but the Breath of Flattery, they must be
offensive to the Ears of any Man who has the Feelings of Truth and
Sincerity in his own Breast. -There is no Question but the Clergy have
a Right to address whom they please; and it is not strange to find
some of them ready to make their Compliments to a Governor - It is in
Course: But of all Men, we are to expect from them, even upon such
Occasions, Examples of that Simplicity and godly Sincerity, which we
so often hear them inculcate from the Pulpit - I do not pretend to
charge them with a Failure in this Instance: But I cannot help
thinking, that rather more of those excellent Christian Graces would
have appeared in these Reverend Addressers, if they had ascertained
the Number present. This might have prevented a Mistake in many of the
distant Readers, who may possibly conceive that "so kind, so
affectionate an Address," contained the declared Sentiments of a
Majority at least of the "respectable and venerable" Body of the
Clergy of the Province; which cannot be true, if in Fact not more than
a seventh Part of them knew any Thing about it - I am with due
Veneration for "the Congregational Ministers of the Province."
CANDIDUS.
THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS
TO BENJAMIN FRANKLIN.1
[Boston Gazette, July 29, 1771; a text from the Bowdoin MS. is in
Proceedings of Massachusetts Historical Society, Ser. I., vol. viii.,
pp. 468-473.]
PROVINCE OF MASSACHUSETTS BAY,
June 29, 1771.
SIR,
Your letter of the 5th of February2 has been laid before the House:
The contents are important and claim our fixed attention.
We cannot think the doctrine of the right of Parliament to tax us is
given up, while an act remains in force for that purpose, and is daily
put in execution; and the longer it remains the more danger there is
of the people's becoming so accustomed to arbitrary and
unconstitutional taxes, as to pay them without discontent; and then,
as you justly observe, no Minister will ever think of taking them off,
but will rather be encouraged to add others. - If ever the provincial
assemblies should be voluntarily silent, on the Parliament's taking
upon themselves a power thus to violate our constitutional and Charter
Rights, it might be considered as an approbation of it, or at least a
tacit consent, that such a power should be exercised at any future
time. It is therefore our duty to declare our Rights and our
determined Resolution at all times to maintain them: The time we know
will come, when they must be acknowledged, established and secured to
us and our posterity.
We severely feel the effects, not of a revenue raised, but a tribute
extorted, without our free consent or controul. Pensioners and
Placemen are daily multiplying; and fleets and standing armies posted
in North America, for no other apparent or real purpose, than to
protect the exactors and collectors of the tribute; for which they are
to be maintained, & many of them in pomp & pride to triumph over and
insult an injured people, and suppress if possible, even their
murmurs. And there is reason to expect, that the continual increase of
their numbers will lead to a proportionable increase of a tribute to
support them. What would be the consequence? Either on the one hand,
an abject slavery in the people, which is ever to be deprecated; or, a
determined resolution, openly to assert and maintain their rights,
liberties and privileges. The effects of such a resolution may for
some time be retarded by flattering hopes and prospects; and while it
is the duty of all persons of influence here to inculcate the
sentiments of moderation, it will in our opinion, be equally the
wisdom of the British administration, to consider the danger of
forcing a free people by oppressive measures into a state of
desperation. We have reason to believe that the American Colonies,
however they may have disagreed among themselves in one mode of
opposition to arbitrary measures, are still united in the main
principles of constitutional & natural liberty; and that they will not
give up one single point in contest of any importance, tho' they may
take no violent measures to obtain them. - The taxing their property
without their consent, and thus appropriating it to the purposes of
their slavery and destruction, is justly considered, as contrary to
and subversive of their original social compact, and their intention
in uniting under it: They cannot therefore readily think themselves
obliged to renounce those forms of government, to which alone for the
advantages imply'd or resulting, they were willing to submit. We are
sensible, as you observe, that the design of our enemies in England,
as well as those who reside here, is to render us odious as well as
contemptible, and to prevent all concern for us in the friends of
liberty in England; and perhaps to detach our Sister Colonies from us,
and prevent their aid and influence in our behalf, when the projects
of oppressing us further and depriving us of our Rights by various
violent measures, should be carried into execution. In this however,
we flatter ourselves they have failed: But should all the other
Colonies become weary of their liberties, after the example of the
Hebrews, this Province we trust, will never submit to the authority of
an absolute government.
We are now led to take notice of another fatal consequence, which we
are under strong apprehensions will follow from these parliamentary
revenue laws; and that is, the making the governors of the colonies,
and other officers, independent of the people for their support. You
tell us there is no doubt of such intention, and that it will be
persisted in, if the American revenue is found sufficient. We are the
more inclin'd to believe it, not only because the governor of the
province of New-York has openly declared it with regard to himself, to
the assembly there; but because the present governor of this province
has repeatedly refused to accept of the usual grant for his support,
tho' he has not been so explicit as to assign a reason for it. The
charter of this province recognizes the natural Right of all men to
dispose of their property: And the governor here, like all other
governors, kings and potentates, is to be supported by the free grants
of the Representatives of the people. Every one sees the necessity of
this to preserve the balance of power and the freedom of any state: A
power without a check, is subversive of all freedom: If therefore the
governor, who is appointed by the crown, shall be totally independent
of the free grants of the people for his support, where is the check
upon his power? He becomes absolute and may act as he pleases: He may
make use of his power, not for the good of those who are under it, but
for his own private separate advantage, or any other purpose to which
he may be inclined, or instructed by him upon whom alone he depends.
Such an independency threatens the very being of a free constitution;
and if it takes effect, will produce and firmly establish a tyranny
upon its ruin. The act of parliament of the 7 Geo. 3.3 intitled, "An
act for granting certain duties in the Colonies, &c." declares That it
is expedient that a revenue should be raised in his Majesty's
dominions in America, for making more certain and adequate provision
for the defraying the charge of the administration of justice, and the
support of civil government in such colonies where it shall be found
necessary; and, towards further defreying the expences of defending,
protecting and securing the said dominions. - These are the very
purposes for which this government by the Charter is empowered to
grant taxes: So that by the act aforementioned, the Charter is in
effect made void. Agreeable to the design of that act, the governor it
seems is first to be made independent; and in pursuance of the plan of
despotism, the judges of the land, and all other important civil
officers, successively: Next follows an independent military power, to
compleat the ruin of our civil liberties. - Let us then consider the
power the Governor already has, and his Majesty's negative on all our
acts, and judge whether the purposes of tyranny will not be amply
answered! Can it be expected that any law will pass here, but such
as will promote the favourite design? And the laws already made, as
they will be executed by officers altogether dependent on the crown,
will undoubtedly be perverted to the worst purposes. The governor of
the province, and the principal fortress in it, are probably already
thus supported. These are the first fruits of the system: If the rest
should follow, it would be only in a greater degree, a violation of
our essential, natural rights. For what purpose then will it be to
preserve the old forms without the substance? In such a state, and
with such prospects, can Britain expect anything but a gloomy
discontent in the Colonies? Let our fellow-subjects there recollect,
what would have been their fate long ago, if their ancestors had
submitted to the unreasonable and uncharitable usurpations, exactions
and impositions of the See of Rome, in the reign of Henry the VIII.
Soon would they have sunk into a state of abject slavery to that
haughty power, which exalteth itself above all that is called God: But
they had the true spirit of liberty, and by exerting it, they saved
themselves and their posterity; The act of parliament passed in the
25th of that reign,4 is so much to our present purpose, that we cannot
omit transcribing a part of it, and refer you to the statute at large.
In the preamble it is declared, that "the realm of England hath been
and is free from subjection to any man's law but only to such as have
been devised, made and ordained within the realm for the wealth of the
same." And further, "it standeth therefore with natural equity and
good reason, that in every such law humane made within this realm by
the said sufferance, consents and customs, your Royal Majesty and your
Lords spiritual and temporal and Commons representing the whole state
of your realm in this your Majesty's high court of parliament, hath
full power and authority, not only to dispense, but also to authorize
some elect person or persons to be sent to dispense with those and all
other humane laws in this your realm, and with every one of them, as
the quality of the persons and matter may require. And also the said
laws and every one of them to abrogate, annul, amplify or diminish, as
it shall seem to your Majesty and the Nobles and Commons of your realm
present in parliament meet and convenient for the wealth of your
realm. And because that it is now in these days present seen, that the
state, dignity and superiority, reputation and authority of the said
imperial crown of this realm, by the long sufferance of the said
unreasonable and uncharitable usurpation and exaction is much and sore
decayed, and the people of this realm thereby much impoverished." It
is then enacted, that "no person or persons of the realm, or of any
other his Majesty's dominions, shall from henceforth pay any pensions,
censes, portions, peter pence, or any other impositions to the use of
the said Bishop of the See of Rome; but that all such pensions, &c.
which the said Bishop or Pope hath heretofore taken - shall clearly
surcease, and never more be levied or paid to any person or persons in
any manner or wise." - Nothing short of the slavery and ruin of the
nation would have been the consequence of their submitting to those
exactions: And the same will be the fate of America, if the present
revenue laws remain, and the natural effect of them, the making
governors independent, takes place.
It is therefore with entire approbation that we observe your purpose
freely to declare our Rights, and to remonstrate against the least
infringement of them. The capital complaint of all North-America, hath
been, is now and will be until relieved, a subjugation to as arbitrary
a tribute as ever the Romans laid upon the Jews, or their other
colonies: The repealing these duties in part is not considered by this
house as a renunciation of the measure: It has rather the appearance
of a design to sooth us into security in the midst of danger: Any
species of tribute unrepealed, will stand as a precedent, to be made
use of hereafter as circumstances and opportunity may admit: If the
Colonies acquiesce in a single instance, it will in effect be yielding
up the whole matter and controversy. We therefore desire it may be
universally understood, that altho' the tribute is paid, it is not
paid freely: It is extorted and torn from us against our will: We bear
the insult and the injury for the present, grievous as it is, with
great impatience; hoping that the wisdom and prudence of the nation
will at length dictate measures consistent with natural justice and
equity: For what shall happen in future, We are not answerable: Your
observation is just, that it was certainly as bad policy, when they
attempted to heal our differences, by repealing part of the duties
only, as it is bad Surgery to leave splinters in a wound which must
prevent its healing, or in time occasion it to open afresh.
The doctrine, that no agent ought to be received or attended to by
government, who is not appointed by an act of the general court, to
which the governor has given his assent, if established, must be
attended with very ill consequences; for, besides the just remarks you
made upon it, if whatever is to be transacted between the assemblies
of the Colonies and the government, is to be done by agents appointed
by and under the direction of the three branches, it will be utterly
impracticable for an assembly ever to lay before the Sovereign their
complaints of grievances occasioned by the corrupt and arbitrary
administration of a governor. This doctrine, we have reason to think,
was first advanced by governor Bernard, at a time when he became the
principal agent in involving the nation and the Colonies in
controversy and confusion: Very probably, it now becomes a subject of
instruction to governor Hutchinson5 who refuses to confirm the grants
of the Assembly to the Agents for the respective houses. In this he
carries the point beyond Governor Bernard who assented to grants made
in general terms for services performed, without holding up the name
of agent: But governor Hutchinson declines his assent even in that
form; so that we are reduced to a choice of difficulties, either to
have no agent at all, but such as shall be under the influence of the
minister; or to find some other way to support an agent than by grants
of the general assembly. - But we are fallen into times, when
governors of colonies seem to think themselves bound to conform to
instructions, without any regard to the civil constitution, or even
the public safety.
1 Page 46, note, applies also to the authorship of this letter.
2 J. Bigelow, Complete Works of Benjamin Franklin, vol. iv., p. 378.
3 Chap. 46.
4 Chap. 21. The quotation from the statute is inexact.
5 Since the writing of this letter an Instruction of this kind is
arrived, which has been communicated by the Governor to his Majesty's
Council; and is recorded in their Journal 1
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, July 1, 1771.]
MESSIEURS EDES & GILL,
The Layman, who again appeared in Mr. Draper's last Thursday's
Gazette, is sollicitous to know why Candidus "pitched upon the
specific Number seventeen, as present at the late Convention of the
Clergy, and voting for an Address to his Excellency the Governor; and
further, he asks, Whether "it was not purposely done to throw an
undeserved Reproach on that reverend Body." - I will endeavour to
answer the Layman in a Manner not "militating," as he charges me with
having done before, "with my assumed denomination." - I mentioned that
"specific number," because I was told by several reverend Gentlemen
who were present at the Convention, that the Address was bro't on
early, when only twenty-four had got together; and that of this
number, seventeen only voted in favor of it. I own I thought it
unlucky, that the precise Number seventeen should appear to
countenance the Address, because I agree with the Layman that it has
of late become an "obnoxious Number." I have Reason to think I was
truly informed; if it was a misrepresentation, the Reverend Doctor who
presided at the Meeting, may set us right, if he thinks it worth his
While. I am still of Opinion, that is immaterial to my Purpose,
whether twenty-four or thirty Gentlemen were present, when the Address
was carried through; either of those numbers being very
inconsiderable, when compared with the whole Number of Congregational
Ministers in the Province, which is said to be at least four Hundred.
Allowing that the Number, after the Address had passed, was augmented
to Sixty, and that Fifty of them were against reconsidering the
Matter, it is not certainly to be inferred from thence, that all those
Fifty would have voted for an Address, if they had been present when
it was first proposed. But however that might be, the Propriety (to
say the least) of calling it, An Address of the Congregational
Ministers of the Province, when not more than about One in Seven of
them were present, or in any Likelihood ever had heard that any
Address was intended, yet remains a Question: And I again say, I
should be glad to see it reconciled with that Simplicity and Godly
Sincerity which we often hear inculcated from the Pulpit. - The Layman
supposes, that it is with the Convention as "with other Corporate
Bodies, convened at stated Time and Place " - Now other corporate
Bodies are notified of the Matters to be transacted at Time & Place;
but no Notice was given to "the Congregational Ministers of the
Province" that an Address to his Excellency the Governor was to
be proposed; and as this is said to be the first Instance of an
Address to a Governor ever made by the Convention, it is not
likely that seven-eighths of them, who were absent, ever had it in
contemplation. But after all, I would ask, "with Modesty, Decency,
and Charity," and with Humility too, all which I take to be
excellent Christian Graces, as well as Sincerity; by what
Authority is the Convention of the Clergy, as it is called,
constituted "a corporate Body"? I am nevertheless, with all due
Respect to the Ministers of the Congregational Churches,
Your's,
CANDIDUS.
P.S. Perhaps an Address of Thanks from the Convention of the
Reverend & very venerable Dr. Chauncy, for his excellent Defence
of their ecclesiastic Constitution, at a Time when they stood in
need of so able a Defender, may be judg'd by some to be rather
more in Character than a political Address to the Man in Power
C.
Postscript the 2d. I am inform'd that it was first propos'd to
address his Excellency at Cambridge, after Dinner on the Day of
Election, and that the Reason assign'd for it was, because it had
been unjustly asserted that his had stood Sponsor at a Christening
- The Truth of which Assertion, however, it is also said, might
have been made evident by enquiring of a worthy Clergyman of the
Church of England in that Town,
C.
TO ARTHUR LEE.
[R. H. Lee, Life of Arthur Lee, vol. ii., pp. 173-577.]
BOSTON, July 31st, 1771.
SIR,-
Since I received your favour of the 28th of March, I have observed
by the London papers that the lord-mayor and alderman are
liberated. From the wisdom and firmness which formerly
distinguished that opulent and independent city, we expected that
when they had so fair an occasion for exerting themselves, the
power which has too long oppressed and insulted the nation and the
colonies, would have been made to bend. But we have seen
complimentary letters and addresses to the imprisoned gentlemen,
and their answers; while by a stretch of arbitrary power they have
been kept in confinement, till by a prorogation instead of a
dissolution, they have been discharged of course. Is this my
friend a matter of such triumph? Does it not show that Britons are
unfeeling to their condition? Or has brutal force at length become
so formidable, that after having in vain petitioned those whose
duty it is to redress their grievances, they are afraid to imitate
the virtue of their ancestors in similar cases, and redress their
grievances themselves?
Mr. Hume, if I mistake not, somewhere says, that if James the
Second had had the benefit of the riot-act, and such a standing
army as has been granted since his time, it would have been
impracticable for the nation to have wrought its own delivery, and
establish the constitution of '88. If the people have put it in
the power of a wicked and corrupt ministry to make themselves
absolute lords and tyrants over them by means of a standing army,
we may at present pity them under the misfortune; but future
historians will record the story with astonishment and
indignation, and posterity, who will share in the fatal effects of
their folly and treachery, will accuse them. Has there not for a
long time past been reason to apprehend the designs of a restless
faction to oppress the nation; and the more easily to affect their
purposes, to render the king's government obnoxious, and if
possible put an end to a family which has heretofore supported the
rights of the nation, its happiness and grandeur?
In this colony we are every day experiencing the miserable effects
of arbitrary power. The people are paying the unrighteous tribute,
(I wish I could say they were groaning under it, for that would
seem as if they felt they are submitting to it,) in hopes that the
nation will at length revert to justice. But before that time
comes, it is to be feared they will be so accustomed to bondage,
as to forget they were ever free. Swarms of locusts and
caterpillars are maintained by this tribute in luxury and
splendour, and a standing army, (not in the city thank God, since
the 5th March 1770, but within call upon occasion). While our
independent governor is found to crouch to his superiors, and to
look down upon and sneer at those below him, he is from time to
time receiving instructions how to govern this people, to govern!
rather to harass and insult his country in distress. . .where his
adulating priestlings are reminding him he was born and educated,
forgetting perhaps if they ever knew, that the tyrants of Rome
were the natives of Rome. Among other edicts which have been
lately sent to this governor, there is one which prohibits his
assenting to any tax-bill, unless the commissioners and other
officers, whose salaries are not paid out of moneys granted by
this government, are exempted from a tax on the profits of their
commissions. Nothing that I can say will heighten the resentment
of a man of sense and virtue against such a mandate; and yet our
governor would have us think it is a mark of his paternal
goodness. Another instruction forbids the governor to give his
assent to grants to any agent, unless he is appointed by a law of
the province, or a resolve of the assembly, to which his
excellency consents. And a third requires him to refuse his assent
to a future election of such councillors as shall presume to meet
together as a council, without being summoned by him into his
presence. These instructions, so humiliating to the council, the
secretary by the governor's order has entered on their journals
It has been observed that the nearer any man approaches to an
absolute independence, the more he will be flattered; and flattery
is always great in proportion as the motives of flatterers are
bad. These observations are so disgraceful to human nature that I
wish I could say they were not founded in experience. Perhaps
there never was a man in this province more flattered, or who bore
it better, I mean who was better pleased with it, than Governor
Hutchinson. You have seen Miss in her teens, surrounded with dying
lovers, praising her gay ribbons, the dimples in her cheeks or the
tip of her ear! In imitation of the mother country, whom we are
too apt to imitate in fopperies, addresses have been procured and
presented to his excellency, chiefly from dependants and
expectants. Indeed some of the clergy have run into the stream of
civility, which is the more astonishing, when it is considered
that they altogether depend upon the ability and good disposition
of their parishes for their support. But it is certain that not a
fifth part, some say not an eighth part of the clergy, were
present. It cannot, therefore, be said to be the language of the
body of the clergy, and all ages have seen that some of that order
have ever been ready to sacrifice the rights as well as the
honoured religion of their country, to the smiles of the great. It
is a sore mortification that the independent house of
representatives, and the town of Boston have refused to make their
compliments to a man, whose administration since the departure of
the Nettleham Baronet, they can by no means approve of. From hence
you will judge whether these addresses speak the sentiments of the
people in general, or are any more than the foul breath of
sycophants and hirelings.
The province of North Carolina, by accounts from thence, appears
to have been involved in a civil war. It is the general opinion
here that the people in the back parts of that province have been
greatly oppressed, and that the governor, instead of hearkening to
their complaints and redressing their grievances, has raised an
army and spilt their blood. This it must be confessed, is treating
the people under his government much in the same manner as his
superiors have treated the nation and the colonies. But their
example may prove dangerous to be followed by a plantation
governor. At this distance from Carolina we have not yet received
a perfect account from thence. I hope your friends in the adjacent
colony of Virginia have wrote you particularly of this important
matter. Tryon has arrived at New York, where he is appointed
governor. He has already been addressed with all the expressions
of court sincerity, and perhaps he may hereafter receive the
reward of a baronet for his fidelity and courage. 'When vice
prevails and impious men bear sway, the post of honour is the
private station.'
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, August 5, 1771.j
Messieurs EDES & GILL,
One who stiles himself, in Mr. Draper's paper, a Layman, having
repeatedly endeavoured in vain to make the Public believe, that
the paper presented to governor Hutchinson, by about a fifth part,
according to his own account, and as others say, not more than an
eighth part of the congregational ministers of this province,
ought still to be called "an address of the congregational
ministers of this province"; and that its being thus represented
in the newspapers, did not betray any want of that simplicity and
godly sincerity, which we have so often heard inculcated from the
pulpit; and what is still more extraordinary in a vindication of
reverend addressers, having sneer'd at me for expressing my regard
for these and other eminent christian graces, which however, I
have reason to hope are the peculiar ornaments of the generality
of the ministers of that denomination; I say, after all this, he
proceeds to tell us, that there never has been an instance of a
majority of the clergy present at any convention; and that the
individuals who compose that reverend corporate body, as he would
fain have us think it to be, have never before been notified of
such political or other matters as a few of them may have taken it
into their heads to transact at any future time or place - Are we
to infer from thence by any means, that it was fair to call this
the address of the body of the congregational ministers of the
province? For so it was manifestly intended to be understood, and
so it is plain his Excellency himself chose to understand it, as
appears by his calling it in his answer, "so kind, so affectionate
an address, from so respectable and venerable a body of men " -
Aye, but says the Layman, it has been customary for a minority of
the congregational ministers of the province, to meet in
convention, and address the new governors, without notifying the
majority of them, (who have always been absent) of the matter. If
this be true, it argues that such former addresses can no more
than the last, be fairly called addresses of the body of the
clergy, or be so represented or receive - This Layman, as he calls
himself, mentions the convention in one of his performances, as
acting like "other corporate bodies," at the meetings of which the
presence of a majority of the members may not be necessary to
warrant their proceedings; but he does not incline to answer my
question, viz. When and by whom they were incorporated? But if
they had been a corporate body, the members should have been duly
warned of the matters to be transacted, as well as the time and
place; otherwise, who does not know that their proceedings must be
invalid? To be sure if, without such notification, not a sixth
part of them should be present, which is the fact, no one in his
senses would plead that they could with fairness be called the
proceedings of that corporate body - However, thus it has been
represented by the Layman: The reverend addressers themselves,
call their address, "An address of the ministers of the
congregational churches in the province," and his Excellency
receives it very kindly, as coming from so "respectable and
venerable a body " - Whatever some of those reverend gentlemen, (I
care not how small a number is supposed, for I would be tender of
the character of the cloth,) I say, whether some of them might not
think, that if the address was supposed to be the declared
sentiment of the whole body of the clergy of the province, it
would be further supposed, to speak the sentiments of the whole
body of the people of the province, and whether they were not
under this temptation to give their address so pompous an
introduction, I will not presume to say; I shall only in my usual
way, and with my usual modesty, as the Layman witnesses, ask
whether there is not reason to think it. If this was actually the
case, I will just remark, that though the body of the people of
this province, treat the clergy, as I hope they always will, with
all due respect, yet they are not priest-ridden as in some other
parts of the world, and I hope in God they never will be - They
claim a right of private judgment; and they will always venture to
express their own sentiments of men or things, of politicks or
religion, against the sentiments of the clergy, whenever they
think the clergy in the wrong
This indefatigable Layman threatens to "chastise" me for falshood,
in saying I had heard, or "it is said" that this is the first
instance of an address ever made to a governor by the convention;
but strictly speaking it was truly said, according to his own
account; for if a majority of the members which compose the
convention, have never met, nor any of the members ever been
notified of time, place or matters to be transacted, how can any
act be said to have been the act of the convention? But this is
not what I intended - I was told, or to use my own words, it was
said in my hearing, that this was the first address to a governor
ever made by the convention: I understood it to be the first
address ever made to a governor by any number of ministers calling
themselves the ministers of the congregational churches of this
province met in convention: The Layman has convinced me that I was
misinformed: Does it follow that I am chargeable with falshood? a
gross violation of truth? Fie, fie, Layman! As your client's cause
requires the utmost candor, learn to exercise a little of it
towards others; it is a shame for you to rail in behalf of the
clergy - An instance is bro't of an address to Governor Pownal,
and another to Bernard! But in neither of these instances, as the
Layman tells us, were the members of the convention notified, or
the majority of them present. Perhaps only SEVENTEEN met, and an
hour before the usual time, as was said by one of the convention
to be the case, when the late address was first carried. The
Layman indeed insists upon twenty-four; it is immaterial as I said
before, since either of these numbers is inconsiderable, in
comparison with 300, some say 400 ministers of that denomination
in the province. If the Layman thinks it material, I am sorry the
Rev. Dr. who presided at the meeting, though repeatedly requested,
will not condescend to ascertain it for him - With regard to
addresses to governors upon their promotion, so far as it can be
presumed that they are well qualified and well dispos'd to employ
their shining talents, (for such they all have, if we are to
believe the late addresses here and elsewhere,) and to make
themselves "diffusive blessings in their exalted stations," those
of the clergy and others, who are so very fond of congratulating,
let them congratulate, if they please. I believe many of the
clergymen who congratulated the Nettleham baronet, and others
besides, have since been fully convinced that they have no reason
to pride themselves in it. The truth is, every man in power will
be adulated by some sort of men in every country, because he is a
man in power - TRYON arrives from the bloody scenes of Alamance,
and receives the high encomiums of New York, the clergy as well as
others, for having "saved a sister colony" by his noble exploit;
and another is flattered as being the "father of his country," and
"the delight of an obliged and grateful people," by those very men
who now detest the administration of BERNARD whom they had before
cannonized, altho' he has assured his noble patron, and many
believe it, that this Father of his country is just such an one as
himself; that he is pushing forward with the utmost vehemence,
tho' in different modes, the same measures, and that he may be
depended upon by his Lordship equally with himself. I am with
great respect to the congregational ministers,
CANDIDUS.
ARTICLE SIGNED "CANDIDUS.
[Boston Gazette, August 19, 1771.]
Messieurs Edes & Gill.
It has become of late so fashionable for some persons to make
their addresses to every one whom they call a great man, that one
can hardly look upon them as the genuine marks of respect to any
one who is really a good man. Their addresses seem to spring
altogether from political views; and without the least regard to
the character or merit of the persons whom they profess to
compliment in them. From the observations I have been able to
make, I have been led to think that one of their designs in
addressing, is to give occasion to my Lord of H- and other great
men to think, or at least to say it, whether they think so or not,
that the scales have at length fallen from the eyes of the people
of this town and province; and that in consequence thereof, they
have altered their sentiments, & are become perfectly reconciled
to the whole system of ministerial measures; for otherwise, they
might argue, could they possibly be so liberal in their addresses and
compliments to those persons who are employed, and no question, are
very active in carrying those measures into execution. But I should
think that if a question of this consequence, namely, Whether the
people have altered their sentiments in so interesting a point, is to
be decided by their apparent disposition to compliment this or that
particular gentleman, because he is employed in the service of
administration in America, it would be the fairest method to call a
meeting of the inhabitants of the Town, duly notifying them of the
occasion of the meeting, and let the matter be fully debated if needbe,
and determined by a vote. Every one would then see, if the vote
was carried in favour of addressing, or which upon my supposition
is the same thing, in favour of the measures of administration,
whether it obtain'd by a large or small majority of the whole; and
we might come to the knowledge of the very persons, which is much
to be desired, as well as the weight of understanding and property
on each side.
For my own part, I cannot but at present be of opinion, and "I
have reason to believe" that my opinion is well founded, that the
measures of the British administration of the colonies, are still
as disgustful and odious to the inhabitants of this respectable
metropolis in general, as they ever have been:
And I will venture further to add, that nothing, in my opinion,
can convey a more unjust idea of the spirit of a true American,
than to suppose he would even compliment, much less make an
adulating address to any person sent here to trample on the Rights
of his Country; or that he would ever condescend to kiss the hand
which is ready prepared to rivet his own fetters - There are among
us, it must be confess'd, needy expectants and dependents; and a
few others of sordid and base minds, form'd by nature to bend and
crouch even to little great men: - But whoever thinks, that by the
most refined art and assiduous application of the most ingenious
political oculist, the "public eye" can yet look upon the chains
which are forg'd for them, or upon those detestable men who are
employ'd to put them on, without abhorrence and indignation, are
very much mistaken - I only wish that my Countrymen may be upon
their guard against being led by the artifices of the tools of
Administration, into any indiscreet measures, from whence they may
take occasion to give such a coloring. "There have been, says the
celebrated American Farmer, in every age and in every country bad
men: Men who either hold or expect to hold certain advantages by
fitting examples of SERVILITY to their countrymen: Who train'd to
the employment, or self-taught by a natural versatility of genius,
serve as decoys for drawing the innocent and unwary into snares.
It is not to be doubted but that such men will diligently bestir
themselves on this and every like occasion, to spread the
infection of their meanness as far as they can. On the plans they
have adopted this is their course. This is the method to recommend
themselves to their patrons. They act consistently in a bad cause.
They run well in a mean race. From them we shall learn, how
pleasant and profitable a thing it is, to be, for our submissive
behavior, well spoken of at St. James's or St. Stephen's, at
Guildhall or the Royal Exchange."
We cannot surely have forgot the accursed designs of a most
detestable set of men, to destroy the Liberties of America as with
one blow, by the Stamp-Act; nor the noble and successful efforts
we then made to divert the impending stroke of ruin aimed at
ourselves and our posterity. The Sons of Liberty on the 14th of
August 1765, a Day which ought to be for ever remembered in
America, animated with a zeal for their country then upon the
brink of destruction, and resolved, at once to save her, or like
Samson, to perish in the ruins, exerted themselves with such
distinguished vigor, as made the house of Dogon to shake from its
very foundation; and the hopes of the lords of the Philistines
even while their hearts were merry, and when they were
anticipating the joy of plundering this continent, were at that
very time buried in the pit they had digged. The People shouted;
and their shout was heard to the distant end of this Continent. In
each Colony they deliberated and resolved, and every Stampman
trembled; and swore by his Maker, that he would never execute a
commission which he had so infamously received
We cannot have forgot, that at the very Time when the stamp-act
was repealed, another was made in which the Parliament of Great-
Britain declared, that they had right and authority to make any
laws whatever binding on his Majesty's subjects in America - How
far this declaration can be consistent with the freedom of his
Majesty's subjects in America, let any one judge who pleases - In
consequence of such right and authority claim'd, the commons of
Great Britain very soon fram'd a bill and sent it up to the Lords,
wherein they pray'd his Majesty to accept of their grant of such a
part as they were then pleas'd, by virtue of the right and
authority inherent in them to make, of the property of his
Majesty's subjects in America by a duty upon paper, glass,
painter's colours and tea. And altho' these duties are in part
repeal'd, there remains enough to answer the purpose of
administration, which was to fix the precedent. We remember the
policy of Mr. Grenville, who would have been content for the
present with a pepper corn establish'd as a revenue in America: If
therefore we are voluntarily silent while the single duty on tea
is continued, or do any act, however innocent, simply considered,
which may be construed by the tools of administration, (some of
whom appear to be fruitful in invention) as an acquiescence in the
measure, we are in extreme hazard; if ever we are so distracted as
to consent to it, we are undone.
Nor can we ever forget the indignity and abuse with which America
in general, and this province and town in particular, have been
treated, by the servants & officers of the crown, for making a
manly resistance to the arbitrary measures of administration, in
the representations that have been made to the men in power at
home, who have always been dispos'd to believe every word as
infallible truth. For opposing a threatned Tyranny, we have been
not only called, but in effect adjudged Rebels & Traitors to the
best of Kings, who has sworn to maintain and defend the Rights and
Liberties of his Subjects - We have been represented as inimical to
our fellow subjects in Britain, because we have boldly asserted those
Rights and Liberties, wherewith they, as Subjects, are made free.
-When we complain'd of this injurious treatment; when we
petition'd,and remonstrated our grievances: What was the Consequence?
Still further indignity; and finally a formal invasion of this town by
a fleet and army in the memorable year 1768.
Our masters, military and civil, have since that period been
frequently chang'd; and possibly some of them, from principles
merely political, may of late have look'd down upon us with less
sternness in their countenances than a BERNARD or a . . .: But
while there has been no essential alteration of measures, no real
redress of grievances, we have no reason to think, nay we deceive
ourselves if we indulge a thought that their hearts are changed.
We cannot entertain such an imagination, while the revenue, or as
it is more justly stiled, the TRIBUTE is extorted from us: while
our principal fortress, within the environs of the town, remains
garrison'd by regular troops, and the harbour is invested by ships
of war. The most zealous advocates for the measures of
administration, will not pretend to say, that these troops and
these ships are sent here to protect America, or to carry into
execution any one plan, form'd for the honor or advantage of
Great-Britain. It would be some alleviation, if we could be
convinced that they were sent here with any other design than to
insult us.
How absurd then must the addresses which have been presented to
some particular gentlemen, who have made us such friendly visits,
appear in the eyes of men of sense abroad! Or, if any of them have
been so far impos'd upon, as to be induc'd to believe that such
addresses speak the language of the generality of the people, how
ridiculous must the generality of the people appear! On the last
supposition, would not a sensible reader of those addresses, upon
comparing them with the noble resolutions which this town, this
province and this continent have made against SLAVERY, and the
just and warm resentment they have constantly shown against EVERY
man whatever, who had a mind sordid and base enough, for the sake
of lucre, or the preservation of a commission, or from any other
consideration, to submit to be made even a remote instrument in
bringing and entailing it upon a free and a brave people; upon
such a comparison, would he not be ready to conclude, "that we had
forgot the reasons which urged us, with unexampled unanimity a few
years ago - that our zeal for the public good had worn out, before
the homespun cloaths which it had caused us to have made - and,
that by our present conduct we condemned our own late successful
example! -Although this is altogether supposition, without any
foundation in truth, yet, so our enemies wish it may be in
reality, and so they intend it shall be - To prevent it, let us
ADHERE TO FIRST PRINCIPLES. CANDIDUS.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, September 9, 1771.]
Messieurs EDES & GILL,
PERHAPS there never was a people who discovered themselves more
strongly attached to their natural and constitutional rights and
liberties, than the British Colonists on this American Continent -
Their united and successful struggles against that slavery with
which they were threatened by the stamp-act, will undoubtedly be
recorded by future historians to their immortal honor - The
assembly of Virginia, which indeed is the most ancient colony,
claimed their preeminence at that important crisis, by first
asserting their rights which were invaded by the act, and by their
spirited resolution to ward off the impending stroke: And they
were seconded by all the other colonies, with such unanimity and
invincible fortitude, that those who, to their eternal disgrace
and infamy, had accepted of commissions to oppress them, were made
to shudder at the thought of rendering themselves still more
odious to all posterity, by executing their commissions, and
publickly to abjure their detestable design of raising their
fortunes upon the ruin of their country. Under the influence of
the wisest administration which has ever appeared since the
present reign began: The hateful act was at length repeal'd; to
the joy of every friend to the rights of mankind in Britain, and
of all America, except the few who either from the prospect of
gain by it, or from an inveterate envy which they had before and
have ever since discovered, of the general happiness of the people
of America, were the promoters if not the original framers of it.
This restless faction could not bear to see the Americans restored
to the possession of their rights and liberties, and sitting once
more in security under their own vines and their own fig trees:
Unwearied in their endeavours to introduce an absolute tyranny
into this country, to which they were instigated, some from the
principles of ambition or a lust of power, and others from an
inordinate love of money which is the root of all evil, and which
had before possessed the hearts of those who had undertaken to
distribute the stamped papers, they met together in cabal and laid
a new plan to render the people of this continent tributary to the
mother country - Having finished their part of the plan, their
indefatigable Randolph was dispatched to Great-Britain to
communicate it to the fraternity there, in order that it might be
ripen'd and bro't to perfection: But even before his embarkation,
he could not help discovering his own weakness, by giving a broad
hint of the design - This parricide pretended that his intention
in making a voyage to England at that time, was to settle a
private affair of his own; that he had nothing else in view; and
that having settled that private affair, he should immediately
return, and as he express'd it, lay his bones in his native
country. Full of the appearance of love for his country, he
express'd the greatest solicitude to do the best service he could
for it, while in England; but unluckily drop'd a question, strange
and inconsistent as it may appear to the reader, "What do you
think, sir, of a small Duty upon divers articles of importation
from Great-Britain?" No sooner had he arriv'd in London, than the
news was dispatch'd from the friends of America there, of a design
to lay a duty upon paper, glass, painter's colours, and tea
imported into America, with the sole purpose of raising a revenue
- The lucrative commission which he obtain'd while in England, in
consequence of the passing of the act of parliament, whereby he
was appointed one of the principal managers of this very revenue,
affords but little room to doubt what his intention was in his
voyage to London, notwithstanding his warm professions of concern
for his native country - It is not always a security against a
man's sacrificing a country, that he was born and educated in it.
The Tyrants of Rome were Natives of Rome. Such men indeed incur a
guilt of a much deeper dye, than Strangers, who commit no such
violation of duty and of feeling. - There was another of the cabal
who embark'd about the same time, but he was call'd out of this
life before he reach'd London, and de mortuis nil dico - Of the
living I shall speak, as occasion shall call for it, with a
becoming freedom.
The whole continent was justly alarmed at the parliament's
resuming the measure of raising a revenue in America without their
consent, which had so nearly operated the ruin of the whole
British empire but a few months before; & that this odious measure
should be taken, so soon after the happy coalition between Britain
and the colonies which the repeal of the stamp-act had occasion'd
for if one may judge by the most likely appearances, the
affections of her colonists, were upon this great event, more
strongly attached to the mother country if possible, than ever
they had been. But the great men there had been made to believe
otherwise - Nay the governor of this province had gone such a
length as to assure them, that the design of the Americans in
their opposition to the stamp-act, was to bring the authority of
parliament into contempt - Many of his adherents privately wrote
to the same purpose - All which had a tendency to break that
harmony, which after the only interruption that had ever taken
place and that of short continuance, had been renewed, and
doubtless would have been confirmed to mutual advantage for ages,
had it not been for that pestilent few, who first to aggrandize
themselves and their families, interrupted the harmony, and then
to preserve their own importance, took every step their malice
could invent, with the advantage they had gain'd of a confidence
with the ministry, to prevent it's ever being restored.
Upon the fatal news (fatal, I call it, for I very much fear it will
prove so in its consequences, how remote I will not take upon me to
predict) upon the news of the passing of another revenue act, the
colonies immediately took such measures as were dictated to them, not
by passion and rude clamour, but by the voice of reason and a just
regard to the safety of themselves and their posterity. The assembly
of this province, being the first I suppose who had the opportunity of
meeting, prepared and forwarded a humble, dutiful & loyal petition to
the King1 and wrote letters to such of the British nobility2 and
gentry as had before discovered themselves friends to the rights of
America & of mankind, beseeching their interposition and influence on
their behalf. At the same time they wrote a circular letter to each of
the other colonies3, letting them know the steps they had taken and
desiring their advice & joint Assistance - This letter had its
different effects; on the one hand, in the deep resentment of my Lord
of Hillsborough, who was pleased to call it "a measure of an
inflamatory nature - Evidently tending to create unwarrantable
combinations, to excite an unjustifiable opposition to the
constitutional authority of parliament and to revive unhappy divisions
and distractions," &c. While on the other hand, the colonies, as
appears by their respective polite answers, receiv'd it with the
highest marks of approbation, as a token of sincere affection to them,
& a regard to the common safety; and they severally proceeded to take
concurrent measures. No one step I believe, united the colonies
more than this letter; excepting his lordship's endeavors by his
own circular letter to the colonies, to give it a different turn -
But however decent and loyal -However warrantable by or rather
conformable to the spirit and the written rules of the British
constitution, the petitions of right and other applications of the
distressed Americans were, they shared the same fate which those
of London, Westminster, Middlesex, & other great cities & counties
have since met with! No redress of grievances ensued: Not even the
least disposition in administration to listen to our petitions;
which is not so much to be wondered at, when we consider the
temper of the ministry, which was incessantly acted upon by
Governor Bernard in such kind of language as this "The authority
of the King, the supremacy of parliament, the superiority of
government are the real objects of the attack"; while nothing is
more certain, than that the house of representatives of this
province in their petition to the king, and in all their letters,
that in particular which was address'd to the other colonies, the
sentiment of which was recogniz'd by them, expressly declare,
"that his Majesty's high court of parliament is the supreme
legislative power over the whole empire, in all cases which can
consist with the fundamental rights of the constitution," and that
"it was never questioned in this province, nor as they conceive in
any other." They indeed in all their letters insist upon the right
of granting their own money, as a right founded in nature, the
exercise of which no man ever relinquished to another & remain'd
free - A right therefore which no power on earth, not even the
acknowledged supreme legislative power over the whole empire hath
any authority to divest them of - "The supreme power says Mr.
Locke, is not, nor can possibly be absolutely arbitrary, over the
lives and fortunes of the people - The supreme power cannot take
from any man any part of his property without his own consent. For
the preservation of property being the end of government, and that
for which men enter into society; it necessarily supposes and
requires that the people should have property, without which they
must be supposed to lose that by entering into society, which was
the end for which they entered into it. Men therefore in society
having property, they have such a right to the goods which by the
law of the community are theirs, that no body hath a right to take
their substance or any part of it from them without their consent.
Without this, they have no property at all: For I have truly no
property in that, which another can by right take from me when he
pleases, against my consent" - These are the principles upon which
alone, the Americans founded their opposition to the late acts of
parliament. How then could governor Bernard with any colour of
truth declare to a minister of state in general terms, that "the
authority of the King, the supremacy of parliament, the
superiority of government, were the objects of the attack?" Upon
the principles of reason and nature, their opposition is
justifiable: For by those acts the property of the Colonists is
taken from them without their consent. It is by no means
sufficient to console us, that the duty is reduced to the single
article of Tea, which by the way is not a fact; but if it should
be admitted, it is because the parliament for the present are
pleased to demand no more of us: Should we acquiesce in their
taking three pence only because they please, we at least tacitly
consent that they should have the sovereign controul of our
purses; and when they please they will claim an equal right, and
perhaps plead a precedent for it, to take a shilling or a pound -
At present we have the remedy in our own hands; we can easily
avoid paying the TRIBUTE, by abstaining from the use of those
articles by which it is extorted from us: - and further, we can
look upon our haughty imperious taskmasters, and all those who are
sent here to aid and abet them, together with those sons of
servility, who from very false notions of politeness, can seek and
court opportunities of cringing and fawning at their feet, of
whom, thro' favor, there are but few among us: we may look down
upon all these, with that sovereign contempt and indignation, with
which those who feel their own dignity and freedom, will for ever
view the men, who would attempt to reduce them to the disgraceful
state of SLAVERY.
I shall continue to send you an account of facts, as my leisure
will admit. In the mean time,
I am yours,
CANDIDUS.
1 Vol. I., page 162.
2 Vol. I., pages 152, i66, 169, 173, 180.
3 Vol. I., page 184.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, September 16, 1771.]
Messieurs EDES & GILL,
1 have already mentioned the circular letter written by the house
of representatives of this province to the other colonies, dated
the 11th of February, 1768; and the very different treatment it
met with from the Earl of Hillsborough and the respectable bodies
to whom it was addressed. And also the circular letter which his
lordship himself was pleased to send to those colonies, wherein he
recommended to them "to treat it with the contempt it deserved " -
But as the sentiments contained in the letter of the house were so
exactly similar to those of the other colonies, and the subject of
it was of equal importance to them all, it was not in the power of
his lordship to efface the impressions it made, or to disturb that
harmony which was the happy effect of it - Vis unita fortior -
That union of the colonies in their common danger, by which they
became powerful, was the occasion of the greatest perplexity to
their enemies on both sides the atlantick; and it has been ever
since their constant endeavor by all manner of arts to destroy it.
In this, it must be confess'd, they have discovered an unanimity, zeal
and
perseverance, worthy to be imitated by those who are embark'd in
the cause of American freedom. - It is by united councils, a
steady zeal, and a manly fortitude, that this continent must
expect to recover its violated rights and liberties.
Such was the resentment which the circular letter enkindled in the
breasts of administration, that it was immediately followed by a
Mandate from lord Hillsborough to governor Bernard, to require the
succeeding house to rescind the resolution which had given birth to
it, upon pain of a dissolution of the assembly in case of a refusal. -
Governor Bernard added to the severity of this mandate by assuring the
house in a message to them, that "if he should be obliged to dissolve
the general court, he should not think himself at liberty to call
another, till he should receive his Majesty's command for that
purpose." - It appeared that administration had been greatly
misinformed with regard to the circumstances of this resolution of the
house, particularly in a representation that it was brought on when
the members present were few, and at the end of the session; and that
it was therefore a very unfair proceeding procured by surprize and
contrary to the real sense of the house - But the house made it
evident in their letter to his lordship afterwards, from their own
minutes and journals, that it was the declared sense of a large
majority when the house was full - It was the constant practice of
governor Bernard and his adherents, to represent the opposition of the
house to the pernicious designs of the enemies of the colonies,
which generally consisted of full three quarters of the members
and sometimes more, as the feeble efforts of an expiring faction.
This direct and peremptory requisition, of a new and strange
constructure, and so strenuously urg'd by the governor, was taken
into consideration by the house, on the next day after it was laid
before them; and as is usual in all matters of importance, was
then referred to a large committee further to consider it, and
report their opinion of what was expedient to be done: As the
governor had assured the house in his message, that "their
resolution thereon would have the most important consequences to
the province," the committee were the more deliberate in their
consultations; very reasonably expecting, that after such an
assurance given to the house, the governor would indulge them with
sufficient time thoroughly to digest it.However sanguine the
expectation of lord Hills-borough might be, through the artful
insinuation of governor Bernard that, the "attempts of a desperate
faction (as his lordship expressed it) would be discountenanced,
and that the execution of the measure recommended would not meet with
any
difficulty;" the governor himself, who was fully acquainted with
the sentiments of the house, as well as of the generality of the
people without doors, had no "grounds to hope" that the requisition
would be comply'd with; and therefore as a dissolution was to be the
immediate consequence of a refusal, and as his lordship had directed
the governor to "transmit to him an account of their proceedings to be
laid before his Majesty, to the end that his Majesty might, if he
tho't proper, lay the whole matter before his parliament," it might
have been well supposed that a longer time was necessary for them to
state the reasons of their own conduct, and to set the transactions of
the former house, which had been grossly misrepresented, in a true
point of light, in order to vindicate themselves, when their whole
proceedings should be laid before his Majesty and the parliament.
But before the committee were ready to make their report, the
governor sent down a message to the house, signifying that it was
full a week since he had laid his Majesty's requisition before
them, and that he could not admit of a much longer delay, without
considering it as an answer in the negative - Upon which the
house, being desirous that the sense of the people concerning this
important matter might be known as explicitly as possible, which
would also have determined beyond all doubt, their sense of the
revenue acts, and the opposition made to them by the American
assemblies, requested a recess of the general court, that they
might have the opportunity of taking the instructions of their
constituents. But though his lordship in his letter to the
governor, express'd a satisfaction in "that spirit of decency and
love of order which has discovered itself in the conduct of the
most considerable of the inhabitants of the province;" and the
governor himself in his speech at the close of the preceeding
assembly, insinuated that matters had been conducted by a party in
the house; and declared that "the evils which threatened this
injured country, arose from the machinations of a few, very few
discontented men" - "false patriots who were sacrificing their
country to the gratification of their own passions," and that it
was "by no means to be charged upon the generality of the people,"
yet he did not think it proper to comply with the request of the
house for a recess, that the sentiment of the generality of" this
good people," as he calls them in this same speech, might be
taken. Had he not the fairest opportunity upon this motion of the
house, if there had been any grounds for his representations that
the opposition to the revenue acts was confined to a few, very few
discontented men, to have made it evident beyond all contradiction?
But he dared not rest the matter upon this issue: He knew very well
that it would put an end to his darling topic; and that the
determination of the generality of the people, would put it out of his
power any longer to hold up an expiring faction to administration with
success - A low piece of cunning, of which he was a perfect master,
and which he had constantly practiced to induce them to a perseverance
in their measures.
On the 30th June 1768, the committee, having maturely considered
the requisition made to the house in its nature and consequences
reported a letter to the Earl of Hillsborough1 his Majesty's
secretary of state for the American department, and laid it on the
table; wherein they observe to his lordship, that a requisition of
such a nature, to a British house of commons had been very unusual
and perhaps altogether unprecedented since the revolution: That
some very aggravated representations must have been made to his
Majesty of the resolution of the former house, to induce him to
require this house to rescind it, upon pain of forfeiting their
existence - That the people in this province had attended with anxiety
to the acts of the British parliament for raising a revenue in America
- That this concern was not limited within the circle of a few
inconsiderate persons; the most respectable for fortune, rank and
station, as well as probity and understanding in the province,
with very few exceptions, being alarm'd with apprehensions of the
fatal consequences, of a power exercised in any part of the
British empire, to command and apply the property of their fellow
subjects at discretion: That as all his Majesty's North American
subjects were alike affected by those revenue acts, the former
house very justly supposed that each of the assemblies on the
continent would take such methods of obtaining redress as should
be thought by them respectively to be regular and proper; and
being desirous that the several applications should harmonize with
each other, they resolved on their circular letter; wherein they
only acquainted their sister colonies with the measures they had
taken, without calling upon them to adopt those measures or any
other - That this was perfectly consistent with the constitution, and
that, so far from being criminal, or a measure "of an inflammatory
nature,' it had a natural tendency to compose his majesty's subjects
in the colonies, till they should obtain relief; at a time when it
seem'd to be the evident design of a party, they might have said a
faction, to prevent calm, deliberate, rational and constitutional
measures being pursued, or to stop the distresses of the people
from reaching his Majesty's ear, and consequently to precipitate
them into a state of desperation. They therefore leave it to his
lordship's impartial judgment, whether the representations that
had been made of this resolution, were not injurious to the house,
and an affront to his Majesty himself. And after proceeding to
give his lordship a full detail of all the circumstances relating
to the resolution which gave birth to the circular letter, and
which they were required to rescind, they add, that they rely upon
it that to petition his Majesty will not be deemed by him to be
inconsistent with the British constitution; that to acquaint their
fellow subjects, involved in the same distress, even if they had
invited the union of all America in one joint supplication, would not
be discountenanced by his Majesty as a "measure of an inflammatory
nature;" and that "when his lordship shall injustice lay a true state
of those matters before his Majesty, he will no longer consider them
as tending to create unwarrantable combinations, or to excitte an
unjustifiable opposition to the constitutional authority of
parliament." This is the substance of the letter; which being
twice read in the house, was accepted by a large majority of
ninety-two out of one hundred and five members, and ordered to be
transmitted by the speaker to his lordship as soon as might be.
After which it was immediately mov'd, that the question be put,
Whether the house would rescind the resolution of the last house
which gave birth to the circular letter; and the question being
accordingly put, it pass'd in the negative, there appearing on a
division upon the question to be seventeen yeas and ninety-two nays.
Thus the house determined upon as extraordinary a mandate as
perhaps was ever laid before a free assembly. - It is to us, said
the house in their message to the governor, altogether
incomprehensible, that we should be required on the peril of a
dissolution of the great and general court or assembly of this
province, to rescind a resolution of a former house of
representatives, when it is evident that such resolution has no
existence, but as a mere historical fact. Your excellency must
know, that the resolution referred to, is, to speak in the language of
the common law, not now "executory," but to all intents and purposes
"executed." The circular letter has been sent and answered by many of
the colonies: These answers are now in the public papers; the public
will judge of the proposals, purposes and answers. We could as well
rescind those letters as the resolves; and both would be equally
fruitless, if by rescinding, as the word properly imports, is meant a
repeal and nullifying of the resolution referred to. But if, as is
most probable, by the word, rescinding, is intended the passing a vote
of this house, in direct and express disapprobation of the measure
above mentioned, as "illegal, inflammatory and tending to promote
unjustifiable combinations" against his Majesty's peace, crown and
dignity, we take the liberty to testify and publickly to declare, that
it is the native, inherent and indefeasible right of the subject,
jointly or severally, to petition the King for the redress of
grievances. - And we are clearly and very firmly of Opinion that the
petition of the late dutiful and loyal house, and the other very
orderly applications for the redress of grievances, have had the most
desirable tendencies and effects - In another part they say, "we
cannot but express our deep concern, that a measure of the late house
in all respects so innocent, in most so virtuous and laudable, and as
we conceive, so truly patriotic, should be represented to
administration in the odious light of a party and factious
measure," and finally they say, that in refusing to comply with
the requisition, "they have been actuated by a conscientious and a
clear and determined sense of duty to God, their King, their
country, and their latest posterity." This determination of the
house gave general satisfaction, not only to the people of this
province, but of the other colonies also; as well as the friends
of liberty in Britain. It was spoken of by all except the
disappointed few, with great applause. Indeed the essential rights
of all were involved in the question: A different determination
would therefore have been to the last degree infamous and attended
with fatal consequences. Not only the right of the subjects
jointly to petition for the redress of grievances which all alike
suffer, but also that of communicating their sentiments freely to
each other upon the subject of grievances, and the means of
redress, which was the sole purport of the circular letter, would
in effect have been given up. I have often thought that in this
time of common distress, it would be the wisdom of the colonists,
more frequently to correspond with, and to be more attentive to
the particular circumstances of each other. It seems of late to
have been the policy of the enemies of America to point their
artillery against one province only; and artfully to draw off the
attention of the other colonies, and if possible to render that
single province odious to them, while it is suffering ministerial
vengeance for the sake of the common cause. But it is hoped that
the colonies will be aware of this artifice. At this juncture an
attempt to subdue one province to despotic power, is justly to be
considered as an attempt to enslave the whole. The colonies "form
one political body, of which each is a member." -The liberties of
the whole are invaded - It is therefore the interest of the whole
to support each individual with all their weight and influence.
When the legislative of the colony of New-York was suspended, the
house of representatives of this province consider'd it "as
alarming to all the colonies;" and bore their testimony against
it, in a letter to their agent, the sentiments of which they
directed him to make known to his Majesty's ministers. - That
suspension, says the patriotic Pennsylvania Farmer, is a
parliamentary assertion of the supreme authority of the British
legislature over these colonies in point of taxation; and is
intended to COMPEL New-York into a submission to that authority.
It seems therefore to me as much a violation of the liberty of the
people of that province, and consequently of all these Colonies,
as if the Parliament had sent a number of regiments (which has
since been the fate of this province) to be quartered upon them
till they should comply. - Whoever, says he, seriously considers
the matter, must perceive, that a dreadful stroke is aimed at the
liberty of these Colonies: For the cause of one is the cause of
all. If the parliament may lawfully deprive New-York of any of its
Rights, it may deprive any or all the other Colonies of their
Rights; and nothing can so much encourage such attempts, as a
mutual inattention to the interests of each other. To divide and
thus to destroy, is the first political maxim in attacking those
who are powerful by their union. - When Mr. Hampden's ship money
cause for three shillings and four pence was tried, all the people
of England, with anxious expectation, interested themselves in the
important decision: And when the slightest point touching the
freedom of a single Colony is agitated, I earnestly wish, that all
the rest may with equal ardour support their sister. - These are
the generous sentiments of that celebrated writer, whom several
have made feeble attempts to answer, but no one has yet done it.
May the British American Colonies be upon their guard; and take
care lest by a mutual inattention to the interest of each other,
they at length become supine and careless of the grand cause of
American Liberty, and finally fall a prey to the MERCILESS HAND OF
TYRANNY.
I am,
Your's,
CANDIDUS.
1Vol. I., page 219.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, September 23, 1771.]
Messieurs EDES & GILL,
The consequence of the determination of the house of
Representatives not to rescind the resolution of the former house,
of which I gave you a particular account in my last, was an
immediate prorogation of the general assembly, and the next day a
dissolution, agreeable to the orders of a minister of state! -
Governor Bernard in a subsequent letter to lord Hillsborough,
pressed his lordship for further orders respecting the calling a
new assembly; and acquainted him that "when the usual time should
come, it would be quite necessary that the governor should be able
to vouch positive orders for his not calling the assembly, if he
was not to do it," and he adds that, "with regard to calling the
new assembly in May, it would require much consideration." By the
Charter of this province, which is a Compact between the Crown and
the People, it is ordained that a General Assembly shall be called
on every last Wednesday in May yearly: Did gov. Bernard then think
that his lordship, to whom in one instance at least, he had
surrendered the power of the governor of the province, could by
another order rescind that effectual Right of the Charter? It
would in truth require much consideration with one, even of his
lordship's peculiar turn of mind, before he would assume an
authority to put an end to the constitution of the province: He
had gone far enough already. - The Charter further ordains, that
the assembly shall be held "at all such other times as the
governor shall think fit." Not as lord Hillsborough shall think
fit, for he is not the governor. Could the governor think that the
people were so stupid as to be satisfied with his vouching -
orders for neglecting that which it was his indispensable duty to
do as governor of the province; and by neglecting which, either
with or without his lordship's orders, there would be an end to
the supreme legislative power; the establishing of which, as Mr.
Locke says, is the first and fundamental positive law of the
commonwealth. The general assembly is constituted by the charter,
the legislative of the province; having full power and authority
to make all such orders, laws, statutes, &c. not repugnant to the
laws of England, as they shall judge to be for the good and
welfare of the province. - "The first framers of the government,
not being able by any foresight to prefix so just periods of
return and duration to the assemblies of the legislative, in all
times to come, that might exactly answer all the emergencies of
the commonwealth, the best method that could be found, was to
trust this to the prudence of one, who was always to be present,
and whose business it should be to watch over the commonwealth."
Hence the charter provides, that the governor who is to reside in
the province, and who, being always present, must be acquainted
with the state and exigences of the public affairs, shall have
full power and authority to adjourn or dissolve the assembly, and
call a new one from time to time as he shall judge necessary: But
our governors have of late given up this power of judging - to a
minister of state; residing at a thousand leagues distance, and
therefore utterly unable to determine, if it was lawful for him to
do it, at what time the necessities of the state might require the
immediate exertion of legislative power. This ministerial
manoeuvre, to speak in modern language, which threatens the
destruction of the constitution, will, it is hoped, be the subject
of national enquiry, when the present confusion in Britain and
America shall, as it must soon, be brought to a happy issue. "The
legislative is sacred and unalterable in the hands where the
community has fixed it." In this province it is fixed by the
community, in the hands of the Governor, Council and House of
Representatives: In their hands therefore, it ought to rest sacred
and unalterable; to be sure as long as the express conditions of
the compact are fulfilled. - Lord Stafford, and many lords and
great men before him, suffered death for attempting to overthrow
the constitution of the state. - Their crime was called, and I
supposed justly called, Treason: It surely could not have been
treason therefore, to have disturbed and resisted them in their
mad attempts, even though they might have produced the orders of a
king - What punishment awaits those who have manifestly attempted
to overthrow the constitution of the American colonies, the time
which we hope for, and is hastening on, will determine. If the
very being of the legislative of this province is for the future
to depend upon the mere will and pleasure of an arbitrary minister
- if he may take it upon him to dictate such measures as he pleases,
and to dissolve them, or which is the same thing, order an obsequious
governor to do it, upon their non-compliance with his will and
pleasure, surely we have little to boast of in such an assembly. The
charter may be taken away in tarts as well as in the whole: And it
seems by some later ministerial mandates and measures, as if there was
a design to deprive us of our Charter-Rights by degrees. An attempt
upon the whole by one stroke would perhaps be thought too bold an
undertaking. His lordship could not indeed have chosen a more
effectual step to deprive us of the whole benefit of a free
constitution, than by attempting to controul the debates and
determinations of the House of Representatives, which ought forever to
be free, and suspending the legislative power of the province, for
their refusing to obey any mandate, especially when it is not only
contrary to their judgments and consciences, but, as it appeared to
them, absurd. It is a pitiful constitution indeed, which so far from
being fixed and permanent as it should be - sacred and unalterable in
the hands of those where the community has placed it, depends entirely
upon the breath of a minister, or of any man: But it is to be feared
from this as well as other more recent instances, that there is a
design to rase the foundations of the constitutions of these colonies,
and place them upon this precarious and sandy foundation. - I have
seen a letter from the agent of this province to the government here,
dated so long ago as March the 7th, 1750; wherein he says, "I am
afraid there is at bottom in the minds of some, a fixed design of
getting a parliamentary sanction of some kind or other, if possible,
to the King's instructions on this occasion;" which was the redressing
the inconveniencies proceeding from the paper bills. And in another
letter of the 12th of April following, he writes, "Since my last, I
have found too great reason to confirm my apprehensions, that some
persons of consequence here, are determined, if possible, to put the
future use of the credit of the several governments of New England,
wholly under the power of an instruction; and what tendency that
may have to introduce the King's instructions into the government
of the other colonies, in other instances, I need not observe
This design seems to be conducted with great art." The fears of
that watchful agent, there is reason to apprehend, from the
perfect good understanding that now exists between the ruling men
in the American department, on both sides the atlantic, may very
soon be far from appearing groundless. Instructions have of late
been so frequent, and in every instance so punctiliously obeyed,
that there is reason to fear, unless greater attention is had to
them, they soon will be established as rules of administration, not
only to governors as servants of the crown, but to legislatures. The
enforcing them seems to be conducted with equal art on this side of
the water at present, to that with which the original design of
introducing them was conducted on the other side, when that agent
wrote. They may soon therefore be regarded as fixed laws in the
colonies, even without the sanction or intervention of parliament
Principiis obsta, is a maxim worth regarding in politics as well as
morals, and it is more especially to be observed, when those who are
the most assiduous in their endeavours to alter the civil
Constitution, are not less so in persuading us to go to sleep and
dream that we are in a state of perfect security. - What benefit
is it to us to have a governor residing in the province, invested
with certain powers of judging -, and acting according to his own
judgment, for the good of the people, if he submit to be made a
man of wire, & for the sake of preserving the emolument of a
governor, with the name only, is turned this way or that, as the
minister directs, without any judgment of his own? And of what use
can a legislative be to us, without the free exercise of the
powers of legislation? Liable to be thrown out of existence for
not acting in conformity to the will of another? Can there be any
material difference between such a legislative and none at all?
The original constitution of this province, the charter, required
the convening of a new general assembly in May: The public
exigencies might have required it sooner: But governor Bernard was
determined in neither of these cases to convene an assembly, if he
could but vouch the positive orders of the minister, who had no
right or legal authority at all to interpose in the matter. "The
using of force upon the people without authority, and contrary to
the trust reposed in him that does so, is a state of war with the
people;" This is the judgment of one of the greatest men that ever
wrote. "If the executive power, being possessed of the power of
the commonwealth, shall make use of that force to hinder the
meeting and acting of the legislative, when the original
constitution or the public exigencies shall require it, the people
have a right to reinstate their legislative in the exercise of
their power: For having erected a legislative, with an intent they
should exercise the power of making laws, either at certain set
times or when there is need of it, if they are hindered by any
force from what is so necessary to the society, and wherein the
safety and preservation of the people consists, they have a right
to remove it by force." From this instance of the dissolution of
the assembly of this province, as well as that of the suspension
of the legislative of New York, for refusing to execute an act of
parliament, requiring them to give and grant away their own and
their constituents money for the support of a standing army,
posterity will form a judgment of the temper of the British
administration at that time: Whether a different disposition has
since prevailed, will appear from the measures they have taken in
general; and particularly from the answers to the addresses,
petitions and remonstrances which we have lately seen. One would
have thought that the American legislative assemblies had become
too harmless bodies to have been the object of ministerial rage,
since the passing of acts of parliament for the sole purpose of
raising revenues at the expence of the colonists, without their
consent, and for appropriating those revenues as they should think
proper. The most essential Rights of American legislation, are
those of raising and applying their own monies for the support of
their own government, and for their own defence: By the late
revenue acts, these rights are in effect superseded; the
parliament having already granted, such sums as they please, out
of the purses of the colonists, for the same purposes. Thus the
shadow of legislation only remains to them: Their importance is at
an end. They may indeed, as the Pennsylvania farmer observes,
whose works I wish every American would read over again, "They may
perhaps be allowed to make laws for yoking of hogs or pounding of
stray cattle: Their influence will hardly be permitted to extend
so high as the keeping roads in repair; as that business may more
properly be executed by those who receive the public cash." Their
substantial rights and powers, lord Hillsborough himself should know,
are as really annihilated by these acts, as they would be, if they
were deprived of all existence. "Upon what occasion, says that elegant
writer, will the crown ever call our assemblies together, when, the
charges of the administration of justice, the support of civil
government, and the expences of protecting, defending and securing us,
are provided for" by the parliament? "Some few of them may meet of
their own accord, by virtue of their several charters: But what will
they have to do when they are met? To what shadows will they be
reduced? The men, whose deliberations heretofore, had an influence on
every matter relating to the liberty and happiness of themselves and
their constituents, and whose authority in domestic affairs at least,
might well be compared to that of Roman senators, will find their
determinations to be of no more consequence than that of constables."
- And this will not be the utmost extent of our misery and infamy
CANDIDUS.
TO ARTHUR LEE.
[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is
in R. H. Lee, Life of Arthur Lee, vol. ii., pp. 177-183.]
BOSTON Sept 27 1771
SIR
I am greatly indebted to you for your several Letters of [the 10th
and 14th of June].
To let you know that I am far from being inattentive to the favors
you have done me I inclose you a Letter I wrote you some time past,
but was prevented putting it in the Bag by an Accident. I have since
been confind to my house by Sickness & by a late Excursion into the
Country I have fully recoverd my Health.
I take particular Notice of the Reasons you assign for a whole
Session of parliamt being spent without one offensive Measure to
America. You account for our being flatterd that all Designs against
the Charter of the Colony are laid aside, in a manner perfectly
corresponding with the Sentiments I had preconceivd of it. The
opinion you have formd of the ruling men on both sides the Atlantick,
is exactly mine and as I have the most unfavorable Idea of the Heads
or the Hearts of the present Administration, I cannot hope for much
Good from the Services of any man who can submit to be dependent on
them.
I was pleasd with the petition & remonstrance of the City of London -
but are not the Ministry lost to all Sensibility to the peoples
Complaints, & like the Egyptian Tyrant, do they not harden their
Hearts against their repeated Demands for a redress of Grievances.
Does it not fully appear not only that they neither fear God nor
regard Man, but that they are not even to be wearied, as one of their
ancient predecessors was, by frequent Applications. What do you
conceive to be the Step next to be taken by an abused people? For
another must be taken either by the ministry or the people or in my
opinion the nation will fall into that ruin of which they seem to me
to be now at the very precipice. May God afford them that Prudence,
Strength & fortitude by which they may be animated to maintain their
own Liberties at all Events. By your last letter you appear to resolve
well; if ever the Spirit of impeaching should rise in Britain. But how
is it possible such a Spirit should rise. In all former Struggles the
House of Commons has naturally taken Sides with the people against
oppressing Ministers & Favorites. But whether that is the Case at
present or not, is no secret to the World. We have indeed heard little
of the Business of impeaching since the Revolution. A corrupt
ministerial Influence has been gradually & too insensibly increasing
from that OEra, & is at length become so powerful (for which I think
the Nation is particularly beholden to Sir R. Walpole) as to render it
impracticable to have even one capital Object of the peoples just
Vengeance impeachd. The proposals you were so kind as [to] favor me
with, I cannot but highly approve of. I communicated them to two or
three intimate & judicious friends who equally approvd of them. But
they cannot be carried into Execution till the present parliamt is at
an End. And if it is not to be dissolvd before the End of its
septennial Duration, is it not to be feard that before its Expiration
there will be an End of Liberty. If I mistake not there is an Act of
parliamt whereby the Seats of placemen and pensioners in the House of
Commons (who were not such at the time of their Election) shall be
vacated, & their Electors have a right to the Choice of another if
they see proper. Perhaps there never was a time when the Advantages of
this Law were more apparent. Would it not then be doing the most
important Service to the Cause of Liberty if the Gentlemen of the Bill
of Rights, who I pray God may be united in their Councils, would exert
their utmost Influence to prevail upon the Constituents of such rotten
Members to claim that privilege & make a good Use of it? If there is
any Virtue among the people, I should think this might easily be done.
If it be impracticable, I fear another general Election wd only serve
to convince all of what many are apprehensive, that there is a total
Depravation of principles & manners in the Nation, or in other Words
that it is already irrecoverably undone.
We are in a State of perfect Despotism. Our Governmt is essentially
alterd. Instead of having a Gov exercising Authority within the Rules
& Circumscription of the Charter which is the Compact between the King
& the People, & dependent upon the people for his Support, we have a
Man with the Name of a Governor only. He is indeed commissiond by the
King, but under the Controul of the Minister, to whose Instrucctions
he yields an unlimitted Obedience, while he is subsisted with the
Money of that very people who are thus governd, by virtue of an
Assumd Authority of the British Parliament to oblige them to grant
him such an annual Stipend as the King shall order. Can you tell me
who is Governor of this province? Surely not Hutchinson, for I cannot
conceive that he exercises the power of judging vested in him by the
Constitution, in one Act of Govt which appears to him to be
important. The Govt is shifted into the Hands of the Earl of
Hillsborough whose sole Councellor is the Nettleham Baronet. Upon
this Governor aided by the Advice of this Councellor depends the time
& place of the Sitting of the legislative Assembly or whether it
shall sit at all. If they are allowd to sit, they are to be dictated
by this duumvirate, thro the Instrumentality of a third, & may be
thrown out of Existence for failing in one point to conform to their
sovereign pleasure, a Legislative to be sure worthy to be boasted of
by a free people. If our nominal Governor by all the Arts of
perswasion, can prevail upon us to be easy under such a Mode of
Government, he will do a singular piece of Service to his Lordship,
as it will save him the trouble of geting our Charter vacated by the
formal Decision of parliamt & the tedious process of Law.
The Grievances of Britain & the Colonies as you observe spring from
the same root of Bitterness & are of the same pernicious Growth. The
Union of Britain & the Colonies is therefore by all means to be
cultivated. If in every Colony Societies should be formd out of the
most respectable Inhabitants, similar to that of the Bill of Rights,
who should once in the year meet by their Deputies, and correspond
with such a Society in London, would it not effectually promote such
an Union? And if conducted with a proper spirit, would it not afford
reason for the Enemies of our common Liberty, however great, to
tremble. This is a sudden Thought & drops undigested from my pen. It
would be an arduous Task for any man to attempt to awaken a
sufficient Number in the Colonies to so grand an Undertaking. Nothing
however should be despaird of.
If it should ever become a practicable thing to impeach a corrupt
Administration I hope the Minister who advisd to the introducing
arbitrary power into America will not be overlookd. Such a Victim I
imagine will make a figure equal to Lord Strafford in the Reign of
Charles, or de le Pole & others in former times. "The Conduct of the
Judges touching 'Juries" appears to be alarming on both sides of the,
Water & ought to be strictly enquired into. And are they not
establishing the civil Law which Mr Blackstone says is only permitted
in England to the prejudice of the Common Law, the Consequence of
which will prove fatal to the happy Constitution. I observe that one
of your proposals is that a Law may be made "subjecting each Candidate
to an Oath against having used Bribery" to obtain his Election. Would
there not be a danger that a Law by which a Candidate may purge
himself by his Oath would exclude some other more certain Evidence
than the Oath of one who has already prostituted his Conscience for a
Seat than his own Declaration of his Innocence even upon Oath? I am of
opinion that He who can be so sordid as to gain an Election by Bribery
or any other illegal means, must be lost to all such feelings as those
of Honor or Conscience or the Obligation of an Oath. With Regard the
Grievances of the Americans it must be owned that the Violation of
the essential Right of taxing themselves is a Capital one. This Right
is founded in Nature. It is unalienable & therefore it belongs to us
exclusively. The least Infringement on it is Sacrilege. But there
are other Methods taken by Lord Hillsbro & punctually put into
Execution by Govr Hutchinson, which in my Opinion would give a mortal
Stab to Our essential Rights, if the Parliament had not by their
declaratory Act claimd Authority to make use of our money to
establish a standing army over us & an host of pensioners and
placemen civil & ecclesiastical, which are as terrible as an Army of
Soldiers. And if the Commons of this province cannot impeach, we have
nothing to rely upon but the Interposition of our friends in Britain,
or the ultima Ratio.
Inclosd you have a Copy of the protests of divers patriotick
Clergymen in Virginia against an Episcopate in America. It is part of
the plan the design of which is to secure a ministerial Influence in
America, which in all Reason is full strong enough without the Aid of
the Clergy. The Junction of the Cannon & the feudal Law you know has
been fatal to the Liberties of Mankind. The Design of the first
Settlers of New England in particular was to settle a plan of govt
upon the true principles of Liberty in which the Clergy should have
no Authority. It is no Wonder then that we should be alarmd at the
Designs of establishing such a power. It is a singular pleasure to us
that the Colony of Virginia tho episcopalian should appear against it
as you will see by the Vote of thanks of the House of Burgesses to
the protesting Gentlemen; they declare their protest to be "a wise &
well timed opposition." I wish it could be publishd in London. I had
the pleasure of knowing Mr Hewet who was in this Town about two years
ago in Company with Mr Eyre of Northhampton County, in Virginia, who
is a member of the House of Burgesses. I did not then know that Mr
Hewet was a Clergyman.
I fear I have tired your patience & conclude by assuring you that I
am in strict Truth
Sir Your friend & hume servt
P.S.-The Bearer hereof is William Story Esqr formerly of this Town,
but now of Ipswich a Town about 30 Miles East. He was Deputy Register
in the Court of Vice Admiraltry before & at the time of the Stamp Act
& would then have given up the Place as he declared but his Friends
advisd him against it - he sufferd the Resentment of the people on the
26 of August 1765, together with Lt Govr Hutchinson & others for which
he was recompencd by the Genl Assembly, as he declares in part only.
He tells me that his Design in going home is to settle an Affair of
his own relating to the Admiraltry Court, in which the Commissioners
of the Customs as he says declare it is out of their power to do him
Justice. One would think it was never in their Power or Inclination to
do any man Justice. Mr Story has always professd himself a Friend to
Liberty for many years past. I tell him that I make no doubt but you
will befriend him as far as shall be in your power in obtaining
Justice, in which you will very much oblige,
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, September 30, 1771.]
Messieurs EDES & GILL,
A General Assembly, when actuated with a becoming spirit of public
liberty against the attacks of arbitrary and despotic ministers,
appeared to be as disgustful to Gov. Bernard, as parliaments were to
James the first; with whom it was even an aphorism that the lords and
commons were two bad co-partners with a monarch: Having got rid of
such a troublesome assembly at least for one year, he was more at
leisure, in conjunction with the commissioners of the customs and his
other confederates, to attend to the plan which their hearts had been
long set upon, of introducing into the province a military power for
their aid. -Accordingly every little occurrence, which a man of sense
who had no political designs in view would not have thought worth his
notice such as frequently happen in the most orderly cities, was
gathered up with uncommon industry and made the subject of
representation to the ministry - He even descended so low as to give
lord Hillsborough a detail of the diversion of a few boys in the
street with a drum, which at no time is unusual in populous places,
and pictured it to his lordship, who, it seems gave it its full
weight, as a prelude to a designed insurrection, in which "persons of
all kinds, sexes and ages," were to bear their part - The common
amusements of children were construed rebellion, and his lordship had
minute accounts of them sent to him by this busy journalist, as
grounds upon which he might form measures of administration. But his
letters, together with those of general Gage and commodore Hood, and
the memorials, &c. of the commissioners of the customs, have already
been sufficiently animadverted upon-" No one, says the town of
Boston, in a pamphlet, entitled, An appeal to the World,2 can read
them without being astonished at seeing a person in so important a
department as governor Bernard sustained, descending in his letters
to a minister of state to such trifling circumstances and such
slanderous chit-chat: Boasting as he does in one of them of his
over-reaching those with whom he was transacting publick business;
and in order to prejudice the most respectable bodies, meanly
filching from individuals belonging to those bodies, what had been
drop'd in the course of business or debate: Journalizing every idle
report bro't to him, and in short acting the part of a pimp rather
than a governor." Sufficient however were they finally to prevail
upon administration, which had before been full ready eno' to employ
the military force in England, to order four regiments and part of a
fifth, for the preservation of the peace in the town of Boston. The
only disorders in the town that could give any colouring to measures
so severe, and not more severe than unjustifiable by the constitution,
happened on the 18th of March and 10th of June, 1768 - The first was
nothing more than the parading of the lower sort of people thro' the
streets at the close of an anniversary festivity; when no injury was
offered to any person whatever, no harm was done, nor did even Governor
Bernard himself pretend that any was intended. General Gage, in a
letter to Lord Hillsborough, mentioned this disorder as "trifling."
The other was occasioned by the unprecedented and unlawful manner of
seizing a vessel by the collector and comptroller - His Majesty's
Council after full enquiry into this disorder and the cause of it,
declared, that it "was occasioned by the making a seizure (in a
manner unprecedented) in the town of Boston on the 10th of June,1 a
little before sun-set, when a vessel was seized by the officers of
the customs; and immediately after, upon a signal given by one of
said officers, in consequence of a preconcerted plan, several armed
boats from the Romney man-of-war took possession of her." - The
officers who made the seizure were insulted, some of the windows of
their dwelling houses were broke, and other disorders were committed
- But the council further declared, that it was "highly probable that
no such disorders would have been committed if the vessel had not
been with an armed force and with many circumstances of insults &
threats carried away from the wharf." They also say, that the
disorder "seemed to spring wholly from the persons who complained of
it," and that it "was probable that an uproar was hoped for, and
intended to be occasioned by the manner of proceeding in making the
seizure." This representation of the matter was made by those very
gentlemen, of whom governor Bernard not above 3 or 4 months before,
had given this ample testimony to Lord Hillsborough; that "they had
shown great attention to the support of government," and "upon many
occasions a resolution and steadiness in promoting his Majesty's
service, which would have done honor to his Majesty's appointment, if
they had held their places under it:" And to whom he about the same
time very warmly returned his thanks, "for their steady, uniform and
patriotic conduct, which had shown them impressed with a full
sense of their duty both to their king & their country." A
representation of matters of fact, made by gentlemen whom governor
Bernard had so highly applauded for their attention to the support of
government, and resolution and steadiness in promoting his majesty's
service, must surely meet with full credit with the friends of
government; and induce a conclusion, even in their minds, that if
there was a necessity of troops in the town of Boston to keep the
peace, it arose not from the "madness of the people," (a decent
expression of General Gage) but altogether from the extravagance
of the servants of the crown; who after a preconcerted plan, according
to the account given by the council, hoped for, and intended that an
uproar should be occasion'd, by the manner of their proceeding with
an armed force, and many circumstances of insult and threats in making
a seizure. -This disturbance, after a few hours, wholly subsided, thro'
the interposition of the inhabitants of the town, & no great mischief
was done; yet the most aggravated accounts were given of it by the Cabal,
to answer their own purposes. The Romney ship of war, had before been
ordered by commodore Hood to this place, in consequence of
information sent to him of a factious and turbulent spirit among the
people. The captain thought it his duty to acquaint the commodore of
this fresh disturbance; and the Beaver sloop, being then in the
harbour, and preparing for her station at Philadelphia, was remanded
back to Halifax for that purpose, and with such speed as to be
obliged to leave part of her provisions behind - Large packets were
sent by this vessel to the commodore, and others for England, where
it was proposed by the cabal she should be immediately dispatched
from Halifax. The comptroller of the customs embark'd on board the
same sloop very privately, by whom letters in abundance were sent to
London. In these letters a number of gentlemen, who were called the
leaders of the faction, were proscribed. Some of the cabal could not
conceal their designs; for it was even then given out by them, that
troops would probably soon arrive from Halifax, and that two
regiments of Irish troops were to be sent to this town; all which
accordingly took place in about four months afterwards, being the
time in which they might have been expected by orders of the ministry
in consequence of these letters. Indeed we have since been made
certain by a publication of their own letters, that they had
earnestly sollicited the sending of troops about this time. The
commissioners of the customs in a letter to the lords of the
treasury, acquainted that board "that there had been a long concerted
and extensive plan of resistance to the authority of Great Britain,
and that the seizure had hastened the people to the commission of
actual violence sooner than was intended" and further, "that nothing
but the exertion of military power would prevent an open revolt in
this town, which would probably spread throughout the provinces." The
collector and comptroller in their letters upon this occasion to the
commissioners, which was laid before administration tell their
honors, "that it appeared evident to them that a plan of insurrection
of a very dangerous and extensive nature had long been in
agitation, & now brought nearly to a crisis." But it is needless to
repeat the many exaggerated accounts given by the governor and his
confederates, of this occurrence, which on the part of the people was
altogether unexpected; and as the Council observed, "seem'd to have
sprang wholly from the persons who complained of it." - To crown all,
the Commissioners pretended that "they had reason to expect further
violences," and fled, Bernard says in a letter to lord Hillsborough,
"were driven" to Castle William; where they represented to the lords
of the treasury that the "protection afforded them by Commodore Hood,
viz, the Romney and one or two sloops of war, was the most
seasonable, as without it they should not have considered themselves
(even there) in safety, nor his Majesty's Castle secured from falling
into the hands of the people," and "that it was impossible for them
to set foot in Boston, until there were two or three regiments in the
town, to restore and support government." - However true it may be,
that the Commissioners had rendered themselves the objects of the
publick resentment, which their letters and memorials have had no
tendency to abate, they never had been, to use an expression of Gov.
Bernard, the objects of popular fury; not the least injury had ever
been offer'd to their persons or property. They had landed without
opposition, and had lived in the town many months, if despis'd and
hated, yet unmolested: For this we have the testimony of his
Majesty's Council; "They were not, say they, oblig'd to quit the town
- it was a voluntary act of their own - there never had been any
insult offer'd Them - and when they were at the Castle there was
no occasion for men of war to protect them." And even after their
voluntary flight, they often made excursions upon the main, for the
purpose of amusement and recreation, for which, having quitted the
severe exercises of their employment in the town, they now had
sufficient leisure: There, they might easily have been insulted if
there had been any such disposition in the people. It has long been
evident that all this pretended apprehension of danger, and their
flight first to the Romney ship of war, and then to the castle for
protection, was intended to cooperate with & confirm the letters and
memorials sent home, and to facilitate the prosecution of their design.
Such were the methods us'd by a restless set of men, to hold up this
town and province, to the nation and to the world, in a false and
odious light. It was therefore peculiarly incumbent upon all, and those
persons especially, who were entrusted by the publick, to be vigilant
for it, at a time when they who were seeking its ruin, were
remarkably attentive to and active in prosecuting their plans. And
can any one say there is reason to think that a minister of the
temper of Lord H---h, perpetually acted upon by the implacable hatred
of Bernard, has yet abandon'd, or is likely to abandon, his favorite
system, while there is ONE left on this side the water who is ready
to put it in execution? - No - The disputes with the court of Spain
and the city of London during the late session of parliament, may
have prov'd so embarrassing to A---n as to have caus'd a suspension
of the execution of it for a while; but to trust that it is therefore
wholly laid aside, is a degree of credulity and infatuation, which I
hope will never be impos'd by any man on this country. Great pains we
know are taken to perswade and assure us, that as long as we continue
quiet, nothing will be done to our prejudice: But let us beware of
these soothing arts. - Has anything been done for our relief? - Has
any one grievance which we have complained of been redressed? On the
contrary, are not our just causes of complaint and remonstrance daily
increasing, at a time when we were flattered that a change of men
would produce a change of measures? Have our petitions for the
redress of grievances ever been answered or even listened to? If not,
what can be intended by all the fair promises made to us by tools and
sycophants, but to lull us into that quietude and sleep by which
slavery is always preceeded. - While treachery and imposition is the
fort of any man, let us remember, there is always most danger when
his professions are warmest.
CANDIDUS.
1See Vol. I., page 396.
2 See Vol. I., page 245.
TO ARTHUR LEE.
[R. H. Lee, Life of Arthur Lee, vol. ii., p. 183.]
BOSTON, Oct. 2d, 1771.
SIR,
I have already written to you by this conveyance, and there mentioned
to you Mr. Story, a gentleman to whose care I committed that letter.
I have since heard that he has a letter to Lord Hillsborough from
Gov. Hutchinson, which may possibly recommend him for some place by
way of compensation for his joint sufferings with the governor. I do
not think it possible for any man to receive his lordship's favour,
without purchasing it by having done or promising to do some kind of
jobs. If Mr. Story should form connexions with administration upon
any principles inconsistent with those of a friend to liberty, he
will then appear to be a different character from that which I
recommended to your friendship. I mention this for your caution, and
in confidence; and am with great regard sir, your humble servant,
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, October 7, 1771.]
Messieurs EDES & GILL,
Instead of voted Aid,
"Th' illegal imposition followed harsh
With Execration given, or ruthless squeez'd
From an insulted People."
THOMPSON.
I Think it necessary the publick should be inform'd, that his
Excellency Thomas Hutchinson, Esq; Governor of this Province, has
lately receiv'd, a warrant from the Lords of the Treasury in England,
for the Sum of Twenty-two Hundred and fifty Pounds Sterling for his
Services for one year and a half, being at the rate of Fifteen
Hundred Sterling or Two Thousand L. M. per Ann. - The payment is to
be made out of the Commissioners Chest; wherein are reposited the
Treasures that are daily collected, tho' perhaps insensibly, from the
Earnings and Industry of the honest Yeomen, Merchants and Tradesmen,
of this continent, against their Consent; and if his friends speak the
truth, against his own private judgment. - This treasure is to be
appropriated according to the act of parliament so justly and loudly
complain'd of by Americans, for the support of civil government, the
payment of the charges of the administration of justice, and the
defence of the colonies: And it may hereafter be made use of, for the
support of standing armies and ships of war; episcopates & their
numerous ecclesiastical retinue; pensioners, placemen and other
jobbers, for an abandon'd and shameless ministry; hirelings, pimps,
parasites, panders, prostitutes and whores - His Excellency had
repeatedly refused to accept the usual Salary out of the treasury of
this province; which leads us to think that his eminent patron the
Earl of Hillsborough, or his most respected friend Sir Francis
Bernard, who is ever at his Lordship's elbow, had given him certain
information that this honorable stipend would be allow'd to him -
Whether he tho't the generous grant of a thousand sterling, annually
made to his predecessors, and offer'd to him, by the assembly, not
adequate to his important services to the province in supporting and
vindicating its charter and constitutional rights and liberties; or
whether he was forbid by instruction from his Lordship to receive it,
which is probable from his own words, "I could not consistent with my
duty to the King"; or lastly, and which is still more probable,
Whether he was ambitious of being, beyond any of his predecessors, a
Governor independent of the free grants of the assembly, which is no
doubt reconcileable with his Excellency's idea of a constitutional
governor of a free people, are matters problematical. - Adulating
Priestlings and others, who have sounded his high praises in the
news-papers, and in the church of God, as well as in other solemn
assemblies, may perhaps echo the fallacious reasoning from one of his
publick speeches, "The people will not blame (him) for being willing
to avoid burdening them with his support, by the increase of the tax
upon their polls and estates," since it is now "provided for another
way." In all ages the supercilious part of the clergy have adored the
Great Man, and shown a thorough contempt of the understanding of the
people. But the people, and a great part, I hope, of the clergy of
this enlightened country, have understanding enough to know, that a
Governor independent of the people for his support, as well as his
political Being, is in fact, a MASTER; and may be, and probably, such
is the nature of uncontroulable power, soon will be a TYRANT. It will
be recorded by the faithful historian, for the information of
posterity, that the first American Pensioner - the first independent
Governor of this province, was, not a stranger, but one "born and
educated" in it - Not an ANDROSS or a RANDOLPH; but that cordial
friend to our civil constitution -that main Pillar of the Religion
and the Learning of this country; the Man, upon whom she has, (I will
not say wantonly) heaped all the Honors she had to bestow -
HUTCHINSON!! - We are told that the Justices of the Superior Court
are also to receive fixed salaries out of this American revenue! -
"Is it possible to form an idea of slavery, more compleat, more
miserable, more disgraceful, than that of a people, where justice is
administer'd, government exercis'd, and a standing army maintain'd, at
the expence of the people, and yet without the least dependence upon
them? If we can find no relief from this infamous situation" - I
repeat it, "If we can find no relief from this infamous situation ",
let the ministry who have stripped us of our property and liberty,
deprive us of our understanding too; that unconscious of what we have
been or are, and ungoaded by tormenting reflections, we may tamely bow
down our necks, with all the stupid serenity of servitude, to any
drudgery which our lords & masters may please to command" - I appeal
to the common sense of mankind. To what a state of misery and infamy
must a people be reduced! To have a governor by the sole
appointment of the crown, under the absolute controul of a weak and
arbitrary minister, to whose dictates he is to yield an unlimited
obedience, or forfeit his political existence while he is to be
supported at the expence of the people, by virtue of an authority
claimed by strangers, to oblige them to contribute for him such an
annual stipend, however unbounded, as the crown shall be advised to
order! If this be not a state of despotism, what is? Could such a
governor, by all the arts of persuasion, prevail upon a people to be
quiet and contented under such a mode of government, his noble patron
might spare himself the trouble of getting their Charter vacated by a
formal decision of parliament, or in the tedious process of law -
Whenever the relentless enemies of America shall have compleated their
system, which they are still, though more silently pursuing, by subtle
arts, deep dissimulation, and manners calculated to deceive, our
condition will then be more humiliating and miserable, and perhaps
more inextricable too, than that of the people of England in the
infamous reigns of the Stuarts, which blacken the pages of history;
when,
"Oppression stalk'd at large and pour'd abroad
Her unrelenting Train; Informers - Spies -
Hateful Projectors of aggrieving Schemes
To sell the starving many to the few,
And drain a thousand Ways th' exhausted Land...
And on the venal Bench
Instead of Justice, Party held the Scale,
And Violence the Sword."
Your's,
CANDIDUS.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, October 14, 1771.]
Messieurs EDES & GILL,
"Ambition saw that stooping Rome could bear
A MASTER, nor had Virtue to be free."
I Believe that no people ever yet groaned under the heavy yoke of
slavery, but when they deserv'd it. This may be called a severe
censure upon by far the greatest part of the nations in the world who
are involv'd in the misery of servitude: But however they may be
thought by some to deserve commiseration, the censure is just.
Zuinglius, one of the first reformers, in his friendly admonition to
the republic of the Switzers, discourses much of his countrymens
throwing off the yoke: He says, that they who lie under oppression
deserve what they suffer, and a great more; and he bids them perish
with their oppressors. The truth is, All might be free if they valued
freedom, and defended it as they ought. Is it possible that millions
could be enslaved by a few, which is a notorious fact, if all
possessed the independent spirit of Brutus, who to his immortal
honor, expelled the proud Tyrant of Rome, and his "royal and
rebellious race?" If therefore a people will not be free; if they
have not virtue enough to maintain their liberty against a
presumptuous invader, they deserve no pity, and are to be treated
with contempt and ignominy. Had not Caesar seen that Rome was ready
to stoop, he would not have dared to make himself the master of that
once brave people. He was indeed, as a great writer observes, a
smooth and subtle tyrant, who led them gently into slavery; "and on
his brow, 'ore daring vice deluding virtue smil'd". By pretending to
be the peoples greatest friend, he gain'd the ascendency over them:
By beguiling arts, hypocrisy and flattery, which are even more fatal
than the sword, he obtain'd that supreme power which his ambitious
soul had long thirsted for: The people were finally prevail'd upon to
consent to their own ruin: By the force of perswasion, or rather by
cajoling arts and tricks always made use of by men who have ambitious
views, they enacted their Lex Regia: whereby Quod placuit principi
legis habuit vigorem; that is, the Will and pleasure of the Prince
had the force of law. His minions had taken infinite pains to paint
to their imaginations the god-like virtues of Caesar: They first
persuaded them to believe that he was a deity, and then to sacrifice
to him those Rights and Liberties which their ancestors had so long
maintained, with unexampled bravery, and with blood & treasure. By
this act they fixed a precedent fatal to all posterity: The Roman
people afterwards, influenced no doubt by this pernicious example,
renew'd it to his successors, not at the end of every ten years, but
for life. They transfer'd all their right and power to Charles the
Great: In eum transtulit omne suum jus et poteslatem. Thus, they
voluntarily and ignominiously surrendered their own liberty, and
exchanged a free constitution for a TYRANNY!
It is not my design at present to form the comparison between the
state of this country now, and that of the Roman Empire in those
dregs of time; or between the disposition of Caesar, and that of ---;
The comparison, I confess, would not in all parts hold good: The
Tyrant of Rome, to do him justice, had learning, courage, and great
abilities. It behoves us however to awake and advert to the danger we
are in. The Tragedy of American Freedom, it is to be feared is nearly
compleated: A Tyranny seems to be at the very door. It is to little
purpose then to go about cooly to rehearse the gradual steps that
have been taken, the means that have been used, and the instruments
employed, to encompass the ruin of the public liberty: We know them
and we detest them. But what will this avail, if we have not courage
and resolution to prevent the completion of their system?
Our enemies would fain have us lie down on the bed of sloth and
security, and persuade ourselves that there is no danger They are
daily administering the opiate with multiplied arts and delusions,
and I am sorry to observe, that the gilded pill is so alluring to
some who call themselves the friends of Liberty. But is there no
danger when the very foundations of our civil constitution tremble? -
When an attempt was first made to disturb the corner-stone of the
fabrick, we were universally and justly alarmed: And can we be cool
spectators, when we see it already removed from its place? With what
resentment and indignation did we first receive the intelligence of a
design to make us tributary, not to natural enemies, but infinitely
more humiliating, to fellow subjects? And yet with unparallelled
insolence we are told to be quiet, when we see that very money which
is torn from us by lawless force, made use of still further to
oppress us - to feed and pamper a set of infamous wretches, who swarm
like the locusts of Egypt; and some of them expect to revel in wealth
and riot on the spoils of our country. - Is it a time for us to sleep
when our free government is essentially changed, and a new one is
forming upon a quite different system? A government without the least
dependance upon the people: A government under the absolute controul
of a minister of state; upon whose sovereign dictates is to depend
not only the time when, and the place where, the legislative assembly
shall sit, but whether it shall sit at all: And if it is allowed to
meet, it shall be liable immediately to be thrown out of existence,
if in any one point it fails in obedience to his arbitrary mandates.
Have we not already seen specimens of what we are to expect under
such a government, in the instructions which Mr. HUTCHINSON has
received, and which he has publickly avow'd, and declared he is bound
to obey? - By one, he is to refuse his assent to a tax-bill, unless
the Commissioners of the Customs and other favorites are exempted:
And if these may be freed from taxes by the order of a minister, may
not all his tools and drudges, or any others who are subservient to
his designs, expect the same indulgence? By another he is to forbid
to pass a grant of the assembly to any agent, but one to whose
election he has given his consent; which is in effect to put it out
of our power to take the necessary and legal steps for the redress of
those grievances which we suffer by the arts and machinations of
ministers, and their minions here. What difference is there between
the present state of this province, which in course will be the
deplorable state of all America, and that of Rome, under the law
before mention'd? The difference is only this, that they gave their
formal consent to the change, which we have not yet done. But let us
be upon our guard against even a negative submission; for agreeable
to the sentiments of a celebrated writer, who thoroughly understood
his subject, if we are voluntarily silent, as the conspirators would
have us to be, it will be consider'd as an approbation of the change.
"By the fundamental laws of England, the two houses of parliament in
concert with the King, exercise the legislative power: But if the two
houses should be so infatuated, as to resolve to suppress their
powers, and invest the King with the full and absolute government,
certainly the nation would not suffer it." And if a minister shall
usurp the supreme and absolute government of America, and set up his
instructions as laws in the colonies, and their Governors shall be so
weak or so wicked, as for the sake of keeping their places, to be
made the instruments in putting them in execution, who will presume
to say that the people have not a right, or that it is not their
indispensible duty to God and their Country, by all rational means in
their power to RESIST THEM.
"Be firm, my friends, nor let UNMANLY SLOTH
Twine round your hearts indissoluble chains.
Ne'er yet by force was freedom overcome.
Unless CORRUPTION first dejects the pride,
And guardian vigour of the free-born soul,
All crude attempts of violence are vain.
Determined, hold
Your INDEPENDENCE; for, that once destroy'd,
Unfounded Freedom is a morning dream."
The liberties of our Country, the freedom of our civil constitution
are worth defending at all hazards: And it is our duty to defend them
against all attacks. We have receiv'd them as a fair Inheritance from
our worthy Ancestors: They purchas'd them for us with toil and danger
and expence of treasure and blood; and transmitted them to us with
care and diligence. It will bring an everlasting mark of infamy on
the present generation, enlightned as it is, if we should suffer them
to be wrested from us by violence without a struggle; or be cheated
out of them by the artifices of false and designing men. Of the
latter we are in most danger at present: Let us therefore be aware of
it. Let us contemplate our forefathers and posterity; and resolve to
maintain the rights bequeath'd to us from the former, for the sake of
the latter. - Instead of sitting down satisfied with the efforts we
have already made, which is the wish of our enemies, the necessity of
the times, more than ever, calls for our utmost circumspection,
deliberation, fortitude and perseverance. Let us remember, that "if
we suffer tamely a lawless attack upon our liberty, we encourage it,
and involve others in our doom." It is a very serious consideration,
which should deeply impress our minds, that millions yet unborn may
be the miserable sharers in the event.
CANDIDUS.
ARTICLE SIGNED “VALERIUS POPLICOLA."1
[Boston Gazette, October 28, 1771; the text is also in W. V. Wells,
Life of Samuel Adams, vol. 1., pp. 427-432.]
Messieurs EDES & GILL,
THE writer of the history of Massachusetts Bay tells us, that "our
ancestors apprehended the acts of trade to be an invasion of the
rights, liberties and properties of the subjects of his Majesty in
the colony, they not being represented in parliament; and according
to the usual sayings of the learned in the law, the laws of England
were bounded within the four seas, and did not reach America.
However, they made provision by an act of the colony, that they, i.e.
the acts of trade should be strictly attended from time to time" -
The passing of this law of the colony, and thus making it an act of
their own legislature, he says, "plainly shows the wrong sense they
had of the relation they stood in to England " - And he further adds,
that "tho' their posterity have as high notions of English Liberties
as they had, yet they are sensible that they are Colonists, and
therefore subject to the controul of the parent state." As I am not
disposed to yield an implicit assent to any authority whatever, I
should have been glad if this historian, since he thought proper to
pronounce upon so important a matter, had shown us what was the
political relation our ancestors stood in to England, and how far, if
at all, their posterity are subject to the controul of the parent
state. - If he had vouchsafed to have done this, when he published his
history, he would have rendered the greatest service both to
Great-Britain and America, and eased the minds of multitudes who have
been unsatisfied in points of such interesting importance.
Mr. Locke, in his treatise on government discovers the weakness of
this position, That every man is born a subject to his Prince, and
therefore is under the perpetual tie of subjection and allegiance;
and he shows that express consent alone, makes any one a member of
any commonwealth. He holds that submission to the laws of any country,
& living quietly & enjoying privileges & protection under them, does
not make a man a member of that society, or a perpetual subject of
that commonwealth, any more than it would make a man subject to
another, in whose family he found it convenient to abide for some
time, tho' while he continued under it, he were obliged to comply with
the laws, and submit to the government he found there. Every man was
born naturally free; nothing can make a man a subject of any
commonwealth, but his actually entering into it by positive
engagement, and express promise & compact.
If the sentiments of this great man are well grounded, our historian
before he asserted so peremptorily that the ancestors of this country
as colonists were subject to the controul of the parent state, should
have first made it appear that by positive engagement, or express
promise or contract, they had thus bound themselves.
Every man being born free, says another distinguished writer, the son
of a citizen, arrived at the years of discretion, may examine whether
it be convenient for him to join in the society for which he was
destined by birth. If he finds that it will be no advantage for him
to remain in it, he is at liberty to leave it, preserving as much as
his new engagements will allow him, the love and gratitude he owes
it.2 He further says, "There are cases in which a citizen has an
absolute right to renounce his country, and abandon it for ever";
which is widely different from the sentiment of the historian, that
"allegiance is not local, but perpetual and unalienable": And among
other cases in which a citizen has this absolute right, he mentions
that, when the sovereign, or the greater part of the nation will
permit the exercise of only one religion in the state; which was the
case when our ancestors forsook their native country.
They were denied the rights of conscience. They left, it however with
the consent of the nation: It is allowed by this historian that they
departed the kingdom with the leave of their prince. They removed at
their own expence and not the nation's, into a country claimed and
possessed by independent princes, whose right to the lordship and
dominion thereof has been acknowledged by English kings; and they
fairly purchased the lands of the rightful owners, and settled them
at their own and not the nation's expence. It is incumbent then upon
this historian to show, by what rule of equity or right, unless they
expressly consented to it, they became subject to the controul of the
parent state. - The obligation they had been under to submit to the
government of the nation, by virtue of their enjoyment of lands which
were under its jurisdiction, according to Mr. Locke, began and ended
with the enjoyment. That was but a tacit consent to the government;
and when by donation, sale or otherwise, they quitted the possession
of those lands, they were at liberty, unless it can be made to appear
they were otherwise bound by positive engagement or express contract,
to incorporate into any other commonwealth, or begin a new one in
vacuis locis, in any part of the world they could find free and
unpossessed. - They entered into a compact, it is true, with the king
of England, and upon certain conditions become his voluntary
subjects, not his slaves. But did they enter into an express promise
to be subject to the controul of the parent state? What is there to
show that they were any way bound to obey the acts of the British
parliament, but those very acts themselves? Is there any thing but
the mere ipse dixit of an historian, who for ought any one can tell,
design'd to make a sacrifice to the ruling powers of Great-Britain,
to show that the parent state might exercise the least controul over
them as Colonists, any more than the English parliament could
exercise controul over the dominions which the Kings formerly held in
France, or than it can now over the inhabitants of the moon, if there
be any?
By the charter of this province, the legislative power is in the
Governor, who is appointed by the King, the Council and House of
Representatives. The legislative of any commonwealth must be the
supreme power. But if any edict or instruction of any body else, in
what form soever conceiv'd, or by what power soever backed, can have
the force and obligation of a law in the province which has not its
sanction from that legislative, it cannot be the supreme power. Its
laws however salutary, are liable at any time to be abrogated at the
pleasure of a superior power. No body can have a power to make laws
over a free people, but by their own consent, and by authority
receiv'd from them: It follows then, either that the people of this
province have consented & given authority to the parent state to make
laws over them, or that she has no such authority. No one I believe
will pretend that the parent state receives any authority from the
people of this province to make laws for them, or that they have ever
consented she should. If the people of this province are a part of
the body politick of Great Britain, they have as such a right to be
consulted in the making of all acts of the British parliament of what
nature soever. If they are a separate body politick, and are free,
they have a right equal to that of the people of Great Britain to
make laws for themselves, and are no more than they, subject to the
controul of any legislature but their own. "The lawful power of
making laws to command whole politick societies of men, belongs so
properly unto the same intire societies, that for any prince or
potentate of what kind soever upon earth to exercise the same of
himself, and not by express commission immediately and personally
receiv'd from God, or else from authority deriv'd at the first from
their consent, upon whose persons they impose laws, is no better than
mere tyranny. Laws therefore they are not which publick approbation
hath not made so.3 This was the reason given by our ancestors why
they should not be bound by the acts of parliament, because not being
represented in parliament, the publick approbation of the province
had not made them laws. And this is the reason why their posterity do
not hold themselves rightly oblig'd to submit to the revenue acts now
in being, because they never consented to them. The former, under
their circumstances, thought it prudent to adopt the acts of trade,
by passing a law of their own, and thus formally consenting that they
should be observ'd. But the latter I presume will never think it
expedient to copy after their example.
The historian tells his readers that "They (the people of this
province) humbly hope for all that tenderness and indulgence from a
British parliament, which the Roman senate, while Rome remain'd free,
shewed to Roman colonies" - Why the conduct of Rome towards her
colonies should be recommended as an example to our parent state,
rather than that of Greece, is difficult to conjecture, unless it was
because as has been observed, the latter was more generous and a
better mother to her colonies than the former. Be that as it may, the
colonists have a right to expect from the parent state all possible
tenderness; not only as they sprang from her, and are subjects of the
same King, but as they have greatly contributed to her wealth &
grandeur: And we are willing to render to her respect and certain
expressions of honor and reverence as the Grecian colonies did to the
city from whence they deriv'd their origin, as Grotius says, so long
as the colonies were well treated. By our compact with our King,
wherein is contain'd the rule of his government and the measure of our
submission, we have all the liberties and immunities of Englishmen,
to all intents, purposes and constructions whatever; and no King of
Great-Britain, were he inclin'd, could have a right either with or
without his parliament, to deprive us of those liberties - They are
originally from God and nature, recognized in the Charter, and
entail'd to us and our posterity: It is our duty therefore to
contend for them whenever attempts are made to violate them.
He also says that "the people of Ireland were under the same
mistake" with our ancestors; that is, in thinking themselves exempt
from the controul of English acts of parliament. But nothing drops
from his pen to shew that this was a mistake, excepting that
"particular persons in Ireland did pennance for advancing and
adhering to those principles." The same mighty force of reasoning is
used to prove that this colony was mistaken, viz. "They suffer'd the
loss of the charter." Such arguments may serve to evince the power
of the parent state, but neither its wisdom nor justice appears from
them. The sense of the nation however was very different after the
revolution. The House of Commons voted the judgment against the
Charter a Grievance; and a bill was brought in and passed that house
for restoring the Charters, among which that of this province was
expresly mentioned; notwithstanding the mistake abovemention'd was
one great article of charge against it. But the parliament was
proroug'd sooner than was expected, by reason of the King's going to
Ireland.
Our historian tells his readers by way of consolation, that "it may
serve as some excuse for our ancestors, but they were not alone in
their mistaken apprehensions of the nature of their subjection"; and
he appears to be mighty glad that "so sensible a gentleman as Mr.
Molineux, the friend of Mr. Locke, engag'd in the cause". But we
want no excuse for any supposed mistakes of our ancestors. Let us
first see it prov'd that they were mistakes. 'Till then we must hold
ourselves obliged to them for sentiments transmitted to us so worthy
of their character, and so important to our security: And we shall
esteem the arguments of so sensible, and it might justly be added,
so learned a gentleman as Mr. Molineux, especially as they had the
approbation of his friend Mr. Locke to be valid, while we see
nothing to oppose them, but the unsupported opinion of Mr.
Hutchinson.
VALERIUS POPLICOLA.
1 Attributed to Adams by Wells and by Bancroft, and also by the
annotations of the Dorr file of the Gazette.
2 Mr. Vattel, law of nature and nations.
3 Hooker's Eccl. Poi.
TO ARTHUR LEE.
[Ms., Samuel Adams Papers, Lenox Library a text with variations is
in R. H. Lee, Life of Arthur Lee, vol. ii., pp. 184-187.]
BOSTON Octob 31 1771.
Sir
I Inclose a printed Copy of a Resolve of the Council of this
province, whereby Junius Americanus is censurd for asserting that
the late Secretary Oliver stood recorded in the Councils Books as a
perjurd traitor. You may easily suppose that the Friends of America
for whom that Writer has been & is a firm & able Advocate, resent
this Conduct of the Council whose Ingratitude to say nothing of the
Injustice of this proceeding is the more extraordinary as Junius
Americanus has taken so much pains to vindicate that very Body
against the malignant Aspersions of Bernard & others. There was
however only Eight of twenty six Councellors present when they were
prevaild upon by an artful man to pass this Resolve. You will see by
the inclosd some remarks upon the former proceedings of the Council,
or rather a recital of parts of them, by which I think it appears
that the Assertion could not be groundless nor malicious; nor can it
be false if their own publication is true. I can conceive that the
Design of the first mover of this Resolve was to injure the Credit
of all the Writings of Junius Americanus, which I believe he very
sensibly feels, & also to make it appear to the World that the
Council, as they had before said of the House, had departed from &
disavowd the Sentiments of former Assemblys; and that this Change
has been effected by the Influence of Mr. Hutchinson. With Regard to
the Council, it is hardly possible for any one at a distance to
ascertain their political Sentiments from what they see of their
determinations publishd here in general, for it has been the
practice of the Governor to summon a general Council at the Time
when the Assembly is sitting & of Course the whole Number of
Councillors is present - but in their Capacity of Advisers to the
Governor they are adjournd from week to week during the Session of
the Assembly & till it is over when the Country Gentlemen Members of
Council return home. Thus the general Council being kept alive by
Adjournments, the principal & most important part of the Business of
their executive department is done by seven or eight who live in &
about the Town, & if the Governor can manage a Majority of so small
a Number, Matters will be conducted according to his mind. I believe
I may safely affirm that by far the greater Number of civil officers
have been appointed at these adjournments; so that it is much the
same as if they were appointed solely by our ostensible Governor or
rather by his Master, the Minister for the time being. You will not
then be surprisd if I tell you that among the five Judges of our
Superior Court of Justice, there are the following near Connections
with the first & second in Station in the province. Mr Lynde is
Chiefe Justice; his Daughter is married to the Son of Mr Oliver, the
Lt Govr; Mr Oliver another of the Judges is his Brother; his Son
married Gov Hutchinsons Daughter; & Judge Hutchinson lately
appointed, who is also Judge of the probate of Wills for the first
County, an important department, is the Govrs brother. Besides which
the young Mr Oliver is a Justice of the Common pleas for the County
of Essex. Mr Cotton a Brother in Law of the Govr is deputy Secretary
of the province & Register in the probate office under Mr
Hutchinson; a cousin german of the Govr was sent for out of another
province to fill up the place of Clerk to the Common pleas in this
County; & the eldest Son of the Govr will probably soon be appointed
a Justice of the same Court in the room of his Uncle advancd to the
superior bench. I should have first mentiond that the Gov & the Lt
Gov' are Brothers by Marriage.
The House of Representatives, notwithstanding the Advantages which a
new Governor always has in his hands I have reason to think will be
so firm as at least not to give up any Right. The Body of the people
are uneasy at the large Strides that are made & making towards an
absolute Tyranny - many are alarmd but are of different Sentiments
with regard to the next step to be taken - some indeed think that
every Step has been taken but one & the ultima Ratio would require
prudence unanimity and fortitude. The Conspirators against our
Liberties are employing all their Influence to divide the people,
partly by intimidating them for which purpose a fleet of Ships lies
within gun Shot of the Town & the Capital Fort within three miles of
it is garrisond by the Kings Troops, and partly by Arts & Intrigue;
by flattering those who are pleasd with Flattery; forming
Connections with them, introducing Levity Luxury & Indolence &
assuring them that if they are quiet the Ministry will alter their
Measures. I fear some of the Southern Colonies are taken with this
Bait, for we see hardly anything in their publick papers but
Advertisements of the Baubles of Britain for sale. This is the
general Appearance of things here while the people are anxiously
waiting for some happy Event from your side the Water - for my own
part I confess I have no great Expectations from thence, & have long
been of Opinion that America herself under God must finally work out
her own Salvation.
I have been told by a friend that a Manuscript has been sent from
hence upon the Subject of the Tryals of Preston & the Soldiers, for
your perusal entitled a Hue & Cry &c. Had I seen & thought it
answerable to what I have heard of it, I should have endeavord to
have had it publishd here. I wish it had been or still might be
publishd in London if you have seen it & think it worth while,
subject entirely to your Correction and Amendment. But after all
what will the best & most animating publications signify, if the
many are willing to submit & be enslavd by the few.
I wrote you about a fortnight past by Capt. Hood1 & can add nothing
more at present but that I am sincerely
your friend & hbl servt
1 See above, page 230.
TO JOSEPH ALLEN.
[MS., Samuel Adams Papers, Lenox Library; a text is in W. V. Wells,
Life of Samuel Adams, vol. i., pp. 342, 343.]
Nov 7 1771
DEAR KINSMAN
As you are just now setting out on the Journey of Life, give me
leave to express to you my ardent Wish that you may meet with all
that prosperity which shall be consistent with your real happiness.
I cannot but think you have a good prospect; yet your path will in
all probability be uneven: Sometimes you must expect like all other
Travellers, to meet with Difficulties on the Road; let me therefore
recommend to you the Advice of one of the Ancients, a Man of
sterling Sense, tho a Heathen. "OEquam memento Rebus in arduis,
servare mentem." In the busy Scenes of Life, you may now and then be
disposd to drive on hard, & make rather too much haste to be rich;
you will then be upon your Guard against Temptations which if
yielded to, will poison the Streams of all future Comfort: You will
then in a more particular manner, impress upon your mind the advice
of an inspired writer, to "maintain a Conscience void of offence." I
do not flatter you when I say, you have hitherto supported a good
reputation: You will still preserve it unsullied; remembering that a
good name is your Life.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, November 11, 1771.]
Messieurs EDES & GILL,
WE read that "Jeroboam the Son of Nebat made Israel to sin": For
this he "stands recorded" and repeatedly stigmatiz'd, in the sacred
volumn, as a "perjur'd Traitor," and a Rebel against GOD and his
Country. However mysterious fawning priests and flatterers may
affect to think it, Kings and Governors may be guilty of treason and
rebellion: And they have in general in all ages and countries been
more frequently guilty of it, than their subjects. Nay, what has
been commonly called rebellion in the people, has often been nothing
else but a manly & glorious struggle in opposition to the lawless
power of rebellious Kings and Princes; who being elevated above the
rest of mankind, and paid by them only to be their protectors, have
been taught by enthusiasts to believe they were authoriz'd by GOD to
enslave and butcher them! It is not uncommon for men, by their own
inattention and folly, to suffer those things which an all-gracious
providence design'd for their good, to become the greatest evils. If
we look into the present state of the world, I believe this will
hold good with regard to civil government in general: And the
history of past ages will inform us, that even those civil
institutions which have been best calculated for the safety and
happiness of the people, have sooner or later degenerated into
settled tyranny; which can no more be called civil government, and
is in fact upon some accounts a state much more to be deprecated
than anarchy itself. It may be said of each, that it is a state of
war: And it is beyond measure astonishing that free people can see
the miseries of such a state approaching to them with large and
hasty strides, and suffer themselves to be deluded by the artful
insinuations of a man in tower, and his indefatigable sychophants,
into a full perswasion that their liberties are in no danger. May we
not be allow'd to adopt the language of scripture, and apply it upon
so important a consideration; that seeing, men will see and not
perceive, and hearing, they will hear and not understand?
Jeroboam must needs have been a very wicked Governor: And he
discover'd so much of the malignancy of treason against his people,
in making them to sin against the supreme Being upon whose power and
protection the welfare of nations as well as individuals so
manifestly depends, and by whose goodness that people in particular
were so greatly oblig'd, that one would have thought, they would
upon a retrospect of their folly, in being thus seduc'd, have
testified to future generations their just resentment and
indignation, by at least dethroning so impious a traitor. Perhaps
they relented when they consider'd that their Governor was "born and
educated among them": But this heightened his wickedness; as it
might have convinc'd them, that he was as destitute of the common
feelings of love for one's native country, as he was of religion and
piety. This, and many other instances of later date may serve to
show, that the people have no solid reason to depend upon every man
that he will be a good Governor, merely because of his having had
his birth and education among them; as well as the folly and
wickedness of priests and minions, who would from such a
circumstance endeavor to dupe the people into a perswasion of their
security under any man's administration. - The sin which the people
of Israel were prevail'd upon by Jeroboam the son of Nebat to
commit, respected their religious worship on a Thanksgiving day: He
had ordained a solemn festival to be kept at Bethel; in which, it
seems, he had a particular view to serve a political purpose: And
the people knew it, although he had artfully endeavored to colour it
with a plausible appearance. At this festival, through his
influence, they sacrificed unto Calves! This was the dire effect of
their foolish adulation of their Governor, while they professed to
observe a day set apart in honor to the King of kings. - Their
thanksgiving began with prophaness & ended in idolatry; or rather it
began & ended with both. There is no question but the priests were
the vicegerents of the Governor, or his heralds to publish his
impious proclamations to the people. But is it not strange that the
people were so king-ridden and priest-ridden, especially in matters
which concern'd their Religion, as to look upon the joint authority
of their Governor and Clergy, sufficient to justify them in sinning
against the authority of God himself: and in acting in open violation
of his law, revealed to them from Heaven with signs and miracles at
Mount Sinai, and register'd in their book of the law, as well as
engrav'd on the tables of their hearts! - It is no unusual thing for
people to complement their Governors with the sacrifice of their
consciences, after they have surrender'd to them their civil liberty,
which had been the folly of that people long before; for they grew
weary of their liberty in the days of Samuel the prophet, and
exchanged that civil government which the wisdom of heaven had
prescribed to them, for an absolute despotic monarchy; that they might
in that regard be like the nations round about them. - Even in these
enlightened times, the people in some parts of the world are so
bewitched by the enchantments of priest-craft and king- craft, as to
believe that tho' they sin against their own consciences, in
compliance with the instruction of the one, or in obedience to the
command of the other, they shall never suffer, but shall be rewarded
in the world to come, for being so implicitly subject to the higher
powers: And the experience of the world tells us that there are, and
always have been various ways of rewarding them for it in this world.
On the contrary, if they hesitate to declare a blind belief in the
most palpable absurdities in government and religion, they are sure to
fall into the immediate hands of spiritual inquisitors, to be whipped
and tortured into an acknowledgment of the error, or threatened with
the further pains of eternal damnation if they persist in their
contumacy. Thanks be to GOD, there is not yet so formidable a junction
of the secular and ecclesiastical powers in this country; and there is
reason to hope there are but few of the clergy who would desire it.
Yet such is the deplorable condition we are in, and so notorious is it
to all, that should any man, be he who he may, tell me that our civil
liberties were continued, or that our religious privileges were not in
danger, I should detest him, if in his senses, as a perfidious man.
And if any clergyman should in compliance with the humours or designs
of a man in power, echo such a false declaration in the church of GOD,
he would in my opinion do well seriously to consider, whether an
excessive complaisance may not have betrayed him into the sin of
Ananias and Saphira, in lying against the Holy Ghost! This is a most
weighty consideration: But the times require plain dealing. We hope
and believe, nay we know that there are more than seven thousand who
will never bow the knee to Baal, or servilely submit to Tyranny,
temporal or spiritual: But are we not fallen into an age when some
even of the Clergy think it no shame to flatter the Idol; and
thereby to lay the people, as in the days of Jeroboam, the son of
Nebat, under a temptation to commit great wickedness, and sin
against God? Let us beware of the poison of flattery - If the people
are tainted with this folly, they will never have VIRTUE enough to
demand a restoration of their liberties in the very face of a
TYRANT, if the necessity of the times should call for so noble an
exertion. And how soon there may be such NECESSITY, GOD only knows.
May HE grant them FORTITUDE as well as SOUND PRUDENCE in the day of
TRIAL! He who can flatter a despot, or be flattered by him, without
feeling the remonstrances of his own mind against it, may be
remarkable for the guise and appearance of sanctity, but he has very
little if any true religion - If he habitually allows himself in it,
without any remorse, he is a hardened impenitent sinner against GOD
and his COUNTRY. Whatever his profession may be, he is not fit to be
trusted; and when once discover'd, he will never be trusted by any
but fools and children. To complement a great man to the injury of
truth and liberty, may be in the opinion of a very degenerate age,
the part of a polite and well-bred gentleman - Wise men however will
denominate him a Traitor or a Fool. But how much more aggravated
must be the folly and madness of those, who instead of worshipping
GOD in the solemn assembly, "in spirit and in truth," can utter a
lie TO HIM!! -in order to render themselves acceptable to a man who
is a worm or to the son of a man who is a worm.
CANDIDUS.
TO ARTHUR LEE.
[MS., Samuel Adams Papers, Lenox Library; a text with variations is
in R. H. Lee, Life of Arthur Lee, vol. ii., pp. 187-189.]
BOSTON Novr 13 1771.
MY DEAR SIR, - Several Vessells have lately arrivd from London, but
I have not had the pleasure of a Line from you by either of them.
Since the Resolve of Council, by which Junius Americanus was so
severely censurd, there has been a proclamation issued by the
Governor with their Advice, for a general Thanksgiving which has
been the practice of the Country at this time of the year from its
first Settlement. The pious proclamation has given the greatest
offence to the people in general, as it appears evidently to be
calculated to serve the purpose of the British Administration,
rather than that of Religion. We were the last year called upon to
thank the Almighty for the Blessings of the Administration of
Government, in this Province, which many lookd upon as an impious
Farce. Now we are demurely exhorted to render our hearty & humble
Thanks to the same omniscient Being for the Continuance of our civil
& religious Privileges & the Enlargement of our Trade. This I imagine
was contrivd to try the feelings of the people; and if the Governor
could dupe the Clergy as he had the Council, & they the people, so
that the proclamation should be read as usual in our Churches, he
would have nothing to do but acquaint Lord Hillsborough that most
certainly the people in General acquiescd in the measures of
Government, since they had appealed even to God himself that
notwithstanding the faction & turbulence of a party, their Liberties
were continued & their Trade enlargd. I am at a loss to say whether
this measure was more insolent to the people or affrontive to the
Majesty of Heaven, neither of whom however a modern Politician
regards, if at all, so much as the Smiles of his noble Patron. But
the people saw thro it in general, & openly declared that they would
not hear the proclamation read. The Consequence was, that it was
read in but two of all our Churches in this Town consisting of
twelve besides three Episcopalian Churches; there indeed it has not
been customary ever to read them. Of those two Clergymen who read
it, one of them being a Stranger in the province, & having been
settled but about Six Weeks, performd the servile task a week before
the usual Time when the people were not aware of it, they were
however much disgusted at it. The Minister of the other is a known
Flatterer of the Governor & is the very person who formd the fulsome
Address of which I wrote you some time ago - he was deserted by a
great number of his Auditory in the midst of his reading. Thus every
Art is practisd & every Tool employd to make it appear as if this
people were easy in their Chains, & that this great revolution is
brought about by the inimitable Address of Mr Hutchinson. There is
one part of the proclamation which I think deserves Notice on your
side the Water, & that relates to the Accommodation with the
Spaniards in the Affair of Faulkland Island. This must have been
referrd to under the Terms of the preservation of the peace of
Europe. From what I wrote you last you cannot wonder if the Governor
carrys any thing he pleases in his Divan here. His last Manoevre has
exposd him more than any thing. Ne lude cum sacris is a proverb.
Should he once lose the Reputation which his friends have with the
utmost pains been building for him among the Clergy for these thirty
years past, as a consummate Saint, he must fall like Samson when his
Locks were cut off. The people are determind to keep their Day of
Festivity but not for all the purposes of the infamous proclamation.
I beg you would omit no Opportunity of writing to me & be assured
that I am in a Stile too much out of fashion
Your Friend
ARTICLE SIGNED "COTTON MATHER."1
[Boston Gazette, November 25, 1771.]
MESSIEURS EDES & GILL,
Mucius SCAEVOLA, a writer whom I very much admire, tells us, "A
Massachusetts Governor the King by Compact may nominate and appoint,
but not pay: For his support he must stipulate with the people, &
until he does, he is no legal Governor; without this, if he undertakes
to rule he is a USURPER." - These sentiments have given great disgust
to the Governor & Council, and the publisher, it is said, is to be
prosecuted: But if he has spoken the words of truth and soberness,
why should he be punished? Is there any man in the community that
can procure harm in a process of law, to him who speaks necessary
and important truths? If there be such a man, mark him for a Tyrant.
Is there any man whose publick conduct will not bear the scrutiny of
truth? he is a Traitor, and it is high time he was pointed out.
I have upon this occasion looked into the Charter of the province in
which the COMPACT between the King and the people is contain'd, and
I find not a single word about the King's paying his Governor. If
therefore the Charter is altogether silent about it, Mucius is
certainly to be justified in saying that by the compact the King may
not pay him; that is, there is nothing in the Charter to warrant it.
But it is asked, whether the King may not pay his Governor
notwithstanding? And ought it not to be looked upon as a mark of
royal bounty and goodness, thus to save the people from being
"burdened by a tax upon their polls and estates for a Governor's
support?" This is the Court language; and great pains have been
taken by some gentlemen, whose particular business it is to ride
through the several counties, to spread it in every part of the
province. But it has a tendency to mislead and ensnare. It no doubt
sounds very agreeably in the ears of an unwary man, that by this
ministerial manoeuvre, the province have a saving of a thousand
pounds sterling every year, for the support of a Governor. Let us
consider the matter a little. Did not our ancestors, when they
accepted this Charter, understand that they had contracted for a
free government? And did not the King on his part intend that it
should be so? Was it not understood, that by this contract every
power of government was to be under a check adequate to the
importance of it, without which, according to the best reasoners on
government, and the experience of mankind in all ages of the world,
that power must be a tyranny? Undoubtedly it was the sense of both
parties in the contract, that the government to be erected by the
Charter, should be a free government, and that every power of it
should be properly controuled in order to constitute it so. I would
then ask, what weight remains in the scale of the democratick part
of the constitution to check the monarchick in the hands of the
governor, if the king has not only an uncontroulable power to
nominate and appoint a governor, but may pay him too? If any one
will point out to me a sufficient weight to balance the scale, I
will differ from Mucius: But until that is done, I must be of his
mind, that the king has no right to pay his governor: "For that, he
must stipulate with the people;" otherwise our civil constitution is
rendered materially different from what the contracting parties
intended it should be, viz, a free constitution. It places the
governor in such a state of independency as must make any man
formidable. - It puts it in his power in many instances to act the
tyrant, even under the appearance of all the forms of the
constitution. The man who is possessed of a power to act the tyrant
when he thinks proper, let him become possessed of it as he may, is
at least an USURPER of power that cannot belong to him in any free
state - Power is intoxicating: There have been few men, if any, who
when possessed of an unrestrained power, have not made a very bad
use of it - They have generally exercised such a power to the terror
both of the good and the evil, and of the good more than the evil -
While a governor is possessed of a power without any other check
than that which the constitution has provided, upon a supposition
that the king by charter may pay him as well as appoint him, for
aught I can see, under such an administration as the present, I mean
in England, he may make the people slaves as soon as he pleases and
keep them so as long as he pleases. I have heard it asked, What! may
not the king make a present to his governor of fifteen hundred
sterling every year, if he sees fit? Is not his MAJESTY allowed to
be upon a footing with even a private subject? This reasoning is
very plausible, but I think not just. In some respects the king is
more restrained than the lowest of his subjects. He may not for
instance, turn a Roman Catholic, or marry one of that religion and
hold his crown: He forfeits it by law if he does. And why? Because
it has been found that the Roman Catholic principles are
inconsistent with the principles of the British constitution, which
is the rule of his government. And there is the same reason why the
governor who is appointed by the crown, should stipulate with the
people for his support, if that mutual check among the several
powers of government, which is essential to every free constitution,
is otherwise destroyed. - If the king's paying or making yearly
presents to his governor, renders him a different being in the state
from that which the Charter intends he shall be, and that to the
prejudice of the people, the king by the compact may not pay him,
for in such a case, it would be inconsistent with the principles of
our constitution - No king can have a right to put it in the power
of his governor to become a tyrant, or govern arbitrarily; for he
cannot be a tyrant or govern arbitrarily himself.
I beg leave to make a supposition; If his Holiness the Pope, for the
sake of once more having a Catholic King seated on the British
throne, should make him a present yearly of eight hundred thousand
pounds sterling, for the support of himself and his household, it
would be a great saving indeed to the nation; but would the people,
think you, consent to it because of that saving? Should we not hear
the faithful Commons objecting to it as an innovation big with
danger to the rights and liberties of the nation? I believe it would
be in vain to flatter them that their constituents would be eas'd of
a burden of a tax upon their polls and estates, by means which would
render their king thus independent of them, and place him in a state
of absolute dependance, for his support, upon another, who had
especially for a long course of years, tried every art and
machination to overthrow their constitution in church and state -
Would not the people justly think there would be danger that such a
king thus dependent on the pope, and oblig'd by him, would be as
subservient to the admonitions of his Holiness, or his Legate in his
name, as a certain provincial governor, we know, has been to the
instructions of a minister of state, upon the bare prospect of his
being made independent of the people for his support.
COTTON MATHER.
1 Attributed to Adams in the Dorr file of the Gazette.
ARTICLE SIGNED "CANDIDUS."
[Boston Gazette, December 2, 1771.]
Messieurs EDES & GILL,
No methods are yet left untried by the writers on the side of the
ministry, to perswade this People that the best way to get rid of
our Grievances is to submit to them. This was the artifice of
Governor Bernard, and it is urg'd with as much zeal as ever, under
the administration of Governor Hutchinson. They would fain have us
endure the loss of as many of our Rights and Liberties as an
abandon'd ministry shall see fit to wrest from us, without the least
murmur: But when they find, that they cannot silence our complaints,
& sooth us into security they then tell us, that "much may be done
for the publick interest by way of humble & dutiful representation,
pointing out the hardships of certain measures" - This is the
language of Chronus in the last Massachusetts Gazette. But have we
not already petition'd the King for the Redress of our Grievances
and the Restoration of our Liberties? - have not the House of
Representatives done it in the most dutiful terms imaginable? - Was
it not many months before that Petition was suffer'd to reach the
royal hand? - And after it was laid before his Majesty, was he not
advis'd by his ministers to measures still more grevious and severe?
Have any lenient measures been the consequence of our humble
representations of "the hardship of certain measures," which were
set forth by the house of assembly in the most decent and respectful
letters to persons of high rank in the administration of government
at home? Did not the deputies of most of the towns and districts in
this province met in Convention in the year 1768, when Bernard had
in a very extraordinary manner dissolv'd the General Assembly? - Did
they not, I say, in the most humble terms, petition the Throne for
the Redress of the intolerable grievances we then labor'd under? -
Has not the Town of Boston most submissively represented "the
hardship of certain measures" to their most gracious Sovereign, and
petition'd for Right and Relief? - Was not petitioning and humbly
supplicating, the method constantly propos'd by those very persons
whom Chronus after the manner of his brethren, stiles "pretended
patriots ", and constantly adopted till it was apparent that our
petitions and representations were treated with neglect and
contempt? - Till we found that even our petitioning was looked upon
as factious, and the effects of it were the heaping Grievance upon
Grievance? - Have not the people of this province, after all their
humble supplications, been falsly charg'd with being "in a state of
disobedience to all law and government?" And in consequence of
petitioning, has not the capital been filled with soldiers to quiet
their murmurs with the bayonet; & to murder, assassinate & plunder
with impunity? -Have we not borne for these seven years past such
indignity as no free people ever suffer'd before, and with no other
tokens of resentment on our part, than pointing out our hardships,
and appealing to the common sense of mankind, after we had in vain
petition'd our most gracious Sovereign? - And now we are even
insulted by those who have bro't on us all these difficulties, for
uttering our just complaints in a publick Newspaper! Pointing out
the hardships of our sufferings, and calling upon the impartial |
