disorders in Marblehead, to prejudice or discredit our manly
opposition to the efforts of tyranny; but I hope the friends of
liberty will prevent any injury thereby to the common cause: and
yet, I cannot but express some fears, that parties and
animosities have arisen among the brethren; because I have just
now heard from a gentleman of your town, that your committee of
correspondence have resolved no more to act! I am loath to
believe, nay, I cannot yet believe, that the gentlemen of
Marblehead, who have borne so early and so noble a testimony to
the cause of American freedom, will desert that cause, only from
a difference of sentiments among themselves concerning a matter
which has no relation to it. If my fears are groundless, pray be
so kind as to relieve them, by writing to me as soon as you have
an opportunity. I shall take it as the greatest act of friendship
you can do me. Indeed the matter will soon be put to the trial;
for our committee, without the least jealousy, have written a
letter to your's, by Mr. Goddard, who is the bearer of this. The
contents we think of great importance, and therefore I hope they
will have the serious consideration of the gentlemen of your
committee.
I am, with strict truth,
Your's affectionately,
THE COMMITTEE OF CORRESPONDENCE OF MASSACHUSETTS TO BENJAMIN
FRANKLIN.1
[Seventy-Six Society Publications. Papers Relating to
Massachusetts, pp. 186-192. A draft is in the Committee of
Correspondence Papers, Lenox Library. A manuscript text, with
autograph signatures, is in the library of the Massachusetts
Historical Society.]
BOSTON, March 31st, 1774.
SIR:
By the inclosed Papers you will observe the proceedings of the
two Houses of Assembly in the late session with regard to the
Justices of the Superior Court. The conduct of Administration in
advising an annual Grant of the Crown to the Governor and the
Judges whereby they are rendered absolutely dependent on the
Crown for their being and support, had justly and very
thouroughly alarmed the apprehensions of the people. They clearly
saw that this measure would complete the Tragedy of American
Freedom, for they could conceive of no state of slavery more
perfect, than for a Parliament in which they could have no voice
to claim a power of making Laws to bind them in all cases
whatever, and to exercise that assumed Power in taking their
money from them and appropriating it for the support of Judges
who are to execute such laws as that parliament should see fit to
make binding upon them, and a Fleet and Army to enforce their
subjection to them. No discerning Minister could expect that a
people who had not entirely lost the Spirit and Feeling of that
Liberty wherewith they had before been made free, would tamely
and without a struggle submit to be thus disgraced and enslaved
by the most powerful and haughty Nation on Earth. They heard with
astonishment that his Majesty, THEIR OWN SOVEREIGN as well as the
sovereign of Britain, had been advised by his servants to signify
his displeasure at the decent temperate and humble Petitions of
their Representatives, for the redress of this intolerable
Grievance merely because they held up principles founded in
nature, and confirmed to British Subjects by the British
Constitution, and to the subjects in this Province by a sacred
charter granted to the inhabitants by his illustrious
predecessors for themselves their Heirs and successors forever.
They regretted that the Influence of the good Lord Dartmouth upon
whose exertions they had placed a confidence could not prevail to
gain the Royal attention to their just Complaints being assured
that could his Majesty be truly informed, that the express
intention of the Royal Charter was to establish and confirm to
his subjects in this Province all the liberties of his natural
born subjects within the Realm, to all Intents, Purposes and
Constructions whatsoever, they should soon rejoice in the full
redress of their Grievances and that he would revoke his Grants
to his Governor and Judges and leave the Assembly to support his
Governor in the Province in the way and manner prescribed in the
Charter according to ancient and uninterrupted usage and
conformable to the true spirit of the British Constitution.
The People however forbore to take any extraordinary Measures for
the Removal of this dangerous innovation, and trusted to the
Prudence and fortitude of their Representatives by whose
Influence four of the Judges have been prevailed upon to renounce
the Grants of the Crown and to declare their Resolution to depend
upon the Grants of the Assembly for their future services. The
Chief Justice has acted a different part. The House of
Representatives have addressed the Governor and Council to remove
him from his Office; they have impeached him of High Crimes and
misdemeanors, the Governor has refused, even though requested by
the Council, to appoint a time to determine on the matter, and
finally the House have Resolved that they have done all in their
Power in their capacity to effect his removal and that the
Governor's refusal was presumed to be because he received HIS
support from the Crown.
As the Papers inclosed contain so fully the Sentiments of the two
Houses concerning this important matter, it is needless to make
any observations thereon. The Assembly is prorogued and it is
expected will soon be Dissolved. Doubtless the People who in
general are greatly agitated with the conduct of the Governor,
will AT LEAST speculate very freely upon a subject so interesting
to them. They see with resentment the effect of the Governor's
independency, That he is resolved to save a favorite (with whom
he has a connection by the intermarriage of their children) and
therein to set a precedent for future Independent Governors to
establish any corrupt officers against the remonstrances of the
Representative Body. They despair of any Constitutional remedy,
while the Governor of the Province is thus dependant upon
Ministers of State against the most flagrant oppressions of a
corrupt Officer. They take it for certain that SUCH a Governor
will forever screen the conduct of SUCH an officer from
examination and prevent his removal, if he has reason to think it
is expected he should so do by those upon whose favor he depends.
On the other hand his Majesty's Ministers, unless they are
blinded by the plausible Colourings of designing men may see,
that by the present measures the People are provoked and
irritated to such a degree, that it is not in the Power of a
Governor(whom they look upon as a mere Instrument of Power)
though born and educated in the Country, and for a long time
possessed of a great share of the confidence and affections of
the People now to carry a single point which they the ministers
can recommend to him. And this will always be the case let who
will be Governor while by being made totally dependent on the
Crown or perhaps more strictly speaking upon the Ministry, he is
thus aliened from the People whose good he is and ought to be
appointed. In such a state what is to be expected but warm and
angry Debates between the Governor and the two Houses (while the
Assembly is sitting instead of the joint consultation for the
public Welfare) and violent commotions among the People? It will
be in vain for any to expect that the people of this Country will
now be contented with a partial and temporary relief, or that
they will be amused by Court promises while they see not the
least relaxation of Grievances. By the vigilance and activity of
Committees of Correspondence among the several towns in the
Province they have been wonderfully enlightened and animated.
They are united in sentiment and their opposition to
unconstitutional Measures of Government in become systematical,
Colony communicates freely with Colony. There is a common
Affection * * * * * * * * * * * * * whole continent is now become
united in sentiment and opposition to tyranny. Their old good
will and affection for the Parent Country is not however lost, if
she returns to her former moderation and good humor their
affection will revive. They wish for nothing more than permanent
union with her upon the condition of equal liberty. This is all
they have been contending for and nothing short of this will or
ought to satisfy them. When formerly the Kings of England have
encroached upon the Liberties of their Subjects, the subjects
have thought it their Duty to themselves and their Posterity to
contend with them until they were restored to the footing of the
Constitution. The events of such struggles have sometimes proved
fatal to Crowned Heads--perhaps they have never issued but
Establishments of the People's Liberties. In those times it was
not thought reasonable to say, that since the King had claimed
such or such a Power the People MUST yield it to him because it
would not be for the Honor of his Majesty to recede from his
Claim. If the People of Britain must needs flatter themselves
that they collectively are the Sovereign of America, America will
never consent that they should govern them arbitrarily, or
without known and stipulated Rules. But the matter is not so
considered here: Britain and the Colonies are considered as
distinct Governments under the King. Britain has a Constitution
the envy of all Foreigners, to which it has ever been the safety
as well of Kings as of subjects steadfastly to adhere. Each
Colony has also a Constitution in its Charter or other
Institution of Government; all of which agree in this that the
fundamental Laws of the British Constitution shall be the Basis.
That Constitution by no means admits of Legislation without
representation. Why then should the Parliament of Britain which
notwithstanding all its Ideas of transcendant Power must forever
be circumscribed within the limits of that Constitution, insist
upon the right of legislation for the people of America without
their having Representation there? It cannot be justified by
their own Constituion. The Laws of Nature and Reason abhor it;
yet because she has claimed such a Power, her Honor truly is
concerned still to assert and excise it, and she may not recede.
Will such kind of reasoning bear the test of Examination! Or
rather will it not be an eternal disgrace to any nation which
considers her Honor concerned to employ Fleets and Armies for the
Support of a claim which she cannot in Reason defend, merely
because she has once in anger made such a Claim? It is the
misfortune of Britain and the Colonies that flagitious Men on
both sides the Water have made it their Interest to foment
divisions, Jealousies, and animosities between them, which
perhaps will never subside until the Extent of Power and Right on
each part is more explicitly stipulated than has ever yet been
thought necessary, and although such a stipulation should prove a
lasting advantage on each side, yet considering that the views
and designs of those men were to do infinite mischief and to
establish a Tyranny upon the Ruins of a free constitution they
deserve the vengeance of the public, and till the memory of them
shall be erased by time, they will most assuredly meet with the
execrations of Posterity.
Our Lieutenant Governor Oliver is now dead.2 This event affords
the Governor a Plea for postponing his voyage to England till
further orders. Had the Government by the absence of BOTH
devolved on the Council, his Majesty's service (which has been
frequently pleaded to give a Colouring to measures destructive of
the true Interests of his Subjects) would we are persuaded, have
been really promoted. Among other things the Grants of the House
which in the late session were repeated for the services of our
Agents would have been passed. There is a degree of Insult in the
Governor's refusal of his consent to those Grants, for as his
refusal is grounded upon the Hopes that our Friends will thereby
be discouraged from further serving us, it is as much as to say
that there will be no Agents unless the Assembly will be content
with such as he shall prescribe for their choice. The House by a
Message urged the Governor to enable them to do their Agents
Justice but in vain. This and other instances serve to show that
the Powers vested in the Governor are exercised to injure and
Provoke the People.
We judge it to be the expectation of the House of Representatives
that you should warmly solicit the Earl of Dartmouth for his
Interest that as well as other instructions which are grievous to
us, more particularly those which relate to the disposition of
our public * * * * * that which restrains the Governor from
consenting * * * * * to the Agents may be recalled. And his
Lordship ought to consider his Interest in this particular not as
a PERSONAL favor done to you but as a piece of Justice done to
the Province; and in the same light we strongly recommend it to
your own Consideration especially as we hope for a change in the
Government.
We now write to you by the direction of the House of
Representatives to the Committee of Correspondence, and are with
very great Regard,
In the name of the Committe
Sir,
Your most humble servants,
______________________________________________________________
1Signed by Samuel Adams, John Hancock, William Phillips and
William Heath. [back]
2Cf. Literary Diary of Ezra Stiles, vol. i., pp. 436, 437.
TO JAMES WARREN.
[MS., Samuel Adams Papers, Lenox Library.]
BOSTON March 31 1774
MY DEAR SIR,
I have been for some time past waiting for the Arrival of a ship
from London, that I might have something of Importance to
communicate to you. No ship has yet arrived. I cannot however
omit writing to you by our worthy Friend Mr Watson, by whom I
recd your obliging Letter of the 27 Instant.
Altho we have had no Arrival from Londn directly to this place,
we have heard from thence by the way of Philadelphia as you have
observd in the News papers. The Account they first receivd of our
opposition to the East India Act, as it is called, particularly
the transactions at Liberty Tree, they treated with Scorn &
Ridicule; but when they heard of the Resolves of the Body of the
people at the old South Meeting house, the place from whence the
orders issued for the removal of the Troops in 1770, they put on
grave Countenances. No Notice is taken of America in the Kings
Speech. Our Tories tell us to expect Regiments [to be] quarterd
among us. What Measures an unjudicious Ministry, (to say the
least of them) will take, cannot easily at present be foreseen;
it will be wise for us to be ready for ALL EVENTS, that WE MAY
MAKE THE BEST IMPROVEMENT OF THEM. It is probable that Mr
Hutchinson will make the Death of his Brother Oliver a plea for
postponing a Voyage to London, and if Troops should arrive IT MAY
BE BEST THAT HE SHOULD BE HERE.--I never suffer my Mind to be
ever much disturbd with Prospects. Sufficient for the Day is the
Evil thereof. It is our Duty at all Hazards to preserve the
publick Liberty. Righteous Heaven will graciously smile on every
manly and rational Attempt to secure that best of all his Gifts
to Man, from the ravishing Hand of lawless & brutal Power.
Mr Watson will inform you, what Steps [the] Come of
Correspondence have taken with regard to the Establishment of a
Post Office upon constitutional Principles. Mr Goddard, who brot
us Letters from New York, Newport & Providence relating to that
Subject, is gone with Letters from us to the principal trading
Towns as far as Portsmouth. I will acquaint you with the State of
the Affair when he returns, and our Come will I doubt not, then
write to yours. The Colonies must unite to carry thro such [a]
Project, and when the End is effected it will be a pretty grand
Acquisition.
I refer you also to Mr Watson, who can inform you respecting one
of your Protecters who has been in Town. The Tryumph of your
Tories as well as ours will I hope be short. We must not however
boast as he that putteth off the Harness. H--n is politically
sick and [I] fancy despairs of returning Health. The "law
learning" Judge I am told is in the Horrors and the late
Lieutenant (joynt Author of a late Pamphlet intitled Letters &c.)
a few Weeks ago "died & was buried"--Excuse me from enlarging at
present. I intend to convince you that I am "certainly a Man of
my Word"--In the mean time with Assurance of unfeigned Friendship
for Mrs Warren and your agreable Family, in which Mrs Adams
joyns, I remain
Yours Affectionately,
THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO THE COMMITTEE OF
CORRESPONDENCE OF MARBLEHEAD.1
[MS., Committee of Correspondence Papers, Lenox Library; a text,
with slight modifications, is in J. T. Austin, Life of Elbridge
Gerry, vol. i. pp. 39-42.]
BOSTON April 2d 1774
GENTLEMEN
Yesterday we receivd your Letter dated the 22d of March, wherein
we have the disagreeable Intelligence of your "having resignd the
several offices in which you have acted for the Town" of
Marblehead, and that you shall "accept them no more--without
material Alteration in the Conduct of the Inhabitants."
When we heard of the unhappy Circumstances of that Town--The
Contest that had arisen to so great a Degree of Violence on
Account of the Hospital lately erected there, it gave us great
Concern and Anxiety, lest it might issue to the Prejudice of the
Common Cause of American Freedom. We were apprehensive that the
Minds of the Zealous Friends of that good Cause, being warmly
agitated in such a Controversy, would become thereby disaffected
to each other, and that the Advantage which we have hitherto
experienced from their united Efforts would cease. We are
confirmd that our Fears were not ill grounded, by your
relinquishing a Post, which, in our Opinion, and we dare say in
the Opinion of your Fellow Townsmen you sustaind with Honor to
your selves and Advantage to your Country. But Gentlemen, Suffer
us to ask, Whether you well considerd, that although you derivd
your Being as a Committee of Correspondence from that particular
Town which appointed you, yet in the Nature of your office, while
they continued you in it you stood connected in a peculiar
Relation with your Country. If this be a just View of it, Should
the ill Conduct of the Inhabitants of Marblehead towards you,
influence you to decline serving the publick in this office, any
more than that of the Inhabitants of this or any other Town? And
would you not therefore have continued in that office, though you
had been obligd to resign every other office you held under the
Town, without Injury to your own Reputation? Besides will the
Misfortune end in this Resignation? Does not the Step naturally
lead you to withdraw your selves totally from the publick
Meetings of the Town, however important to the Common Cause, by
which the other firm Friends to that honorable Cause may feel the
Want of your Influence and Aid, at a time when, as you well
express it "a FATAL Thrust may be aimed at our Rights and
Liberties," and it may be necessary that all should appear, & "as
one Body" oppose the Design & defeat the Rebel Intent? Should not
the Disorders that have prevaild and still prevail in the Town of
Marblehead, have been a weighty Motive rather for your taking
Measures to strengthen your Connections with the People than
otherwise; that you might in Conjunction with other prudent Men,
have employed your Influence & Abilities in reducing to the
Exercise of Reason those who had been governd by Prejudice and
Passion, & they have brought the Contest to an equitable &
amicable Issue, which would certainly have been to your own
Satisfaction. If Difficulties stared you in the Face, it is a
good Maxim NIL DESPERANDUM; and are you sure that it was
impracticable for you, by Patience and Assiduity, to have
restored "Order & Distinction" and renderd the publick offices of
the Town again respectable?
It is difficult to enumerate all the Instances in which our
Enemies, as watchful as they are inveterate, will make an ill
Improvement of your Letter of resignation. And therefore we
earnestly wish that a Method may yet be contrived for the
Recalling of it consistent with your own Sentiments. We assure
our Selves that personal Considerations will not be sufferd to
have an undue Weight in your Minds, when the publick Liberty in
which is involvd the Happiness of your own as well as the
Children of those who have ill treated you, & whom to rescue from
Bondage will afford you the most exalted Pleasure, is in Danger
of suffering Injury.
We wish most ardently that by the Exercise of Moderation &
Prudence the Differences subsisting among the good People of
Marblehead may be settled upon righteous Terms. And as we are
informd that the Town at their late Meeting did not see Cause to
make Choice of other Gentlemen in your Room in Consequence of
your declining to serve any longer as a Committee of
Correspondence, we beg Leave still to consider & address you in
that Character.
We are with unfeigned Respect,
________________________________________________________________
1Addressed to "Azor Orne Esqr & other Gentlemen of the Committee
of Correspondence for Marblehead."
TO ARTHUR LEE.
[R. H. Lee, Life of Arthur Lee, vol. ii., pp. 215-220.]
BOSTON, April 4th, 1774.