CHAPTER XIII.

Opinions on the supremacy of parliament, and its right to

tax the colonies.... The stamp act.... Congress at New

York.... Violence in the towns.... Change of

administration.... Stamp act repealed.... Opposition to the

mutiny act.... Act imposing duties on tea, &c. resisted in

America.... Letters from the assembly of Massachusetts to

members of the administration.... Petition to the King....

Circular letter to the colonial assemblies.... Letter from

the earl of Hillsborough.... Assembly of Massachusetts

dissolved.... Seizure of the Sloop Liberty.... Convention at

Fanueil Hall.... Moderation of its proceedings.... Two

British regiments arrive at Boston.... Resolutions of the

house of Burgesses of Virginia.... Assembly dissolved....

The members form an association.... General measures against

importation.... General court convened in Massachusetts....

Its proceedings.... Is prorogued.... Duties, except that on

tea, repealed.... Circular letter of the earl of

Hillsborough.... New York recedes from the non-importation

agreement in part.... Her example followed.... Riot in

Boston.... Trial and acquittal of Captain Preston.

{1763}

The attachment of the colonies to the mother country was never

stronger than at the signature of the treaty of Paris.[178] The union

of that tract of country which extends from the Atlantic to the

Mississippi, and from the gulf of Mexico to the north pole, was deemed

a certain guarantee of future peace, and an effectual security against

the return of those bloody scenes from which no condition in life

could afford an exemption.

[Footnote 178: After the expulsion of the French from

Canada, a considerable degree of ill humour was manifested

in Massachusetts with respect to the manner in which the

laws of trade were executed. A question was agitated in

court, in which the colony took a very deep interest. A

custom house officer applied for what was termed "a writ of

assistance," which was an authority to search any house for

dutiable articles suspected to be concealed in it. The right

to grant special warrants was not contested; but this grant

of a general warrant was deemed contrary to the principles

of liberty, and an engine of oppression equally useless and

vexatious, which would enable every petty officer of the

customs to gratify his resentments by harassing the most

respectable men in the province. The ill temper excited on

this occasion was shown by a reduction of the salaries of

the judges; but no diminution of attachment to the mother

country appears to have been produced by it.]

This state of things, long and anxiously wished for by British

America, had, at length, been effected by the union of British and

American arms. The soldiers of the parent state and her colonies had

co-operated in the same service, their blood had mingled in the same

plains, and the object pursued was common to both people.

While the British nation was endeared to the Americans by this

community of danger, and identity of interest, the brilliant

achievements of the war had exalted to enthusiasm their admiration of

British valour. They were proud of the land of their ancestors, and

gloried in their descent from Englishmen. But this sentiment was not

confined to the military character of the nation. While the excellence

of the English constitution was a rich theme of declamation, every

colonist believed himself entitled to its advantages; nor could he

admit that, by crossing the Atlantic, his ancestors had relinquished

the essential rights of British subjects.

The degree of authority which might rightfully be exercised by the

mother country over her colonies, had never been accurately defined.

In Britain, it had always been asserted that Parliament possessed the

power of binding them in all cases whatever. In America, at different

times, and in different provinces, different opinions had been

entertained on this subject.

In New England, originally settled by republicans, habits of

independence had nourished the theory that the colonial assemblies

possessed every legislative power not surrendered by compact; that the

Americans were subjects of the British crown, but not of the nation;

and were bound by no laws to which their representatives had not

assented. From this high ground they had been compelled reluctantly to

recede. The Judges, being generally appointed by the governors with

the advice of council, had determined that the colonies were bound by

acts of parliament which concerned them, and which were expressly

extended to them; and the general court of Massachusetts had, on a

late occasion, explicitly recognised the same principle. This had

probably become the opinion of many of the best informed men of the

province; but the doctrine seems still to have been extensively

maintained, that acts of parliament possessed only an external

obligation; that they might regulate commerce, but not the internal

affairs of the colonies.

In the year 1692, the general court of Massachusetts passed an act,

denying the right of any other legislature to impose any tax whatever

on the colony; and also asserting those principles of national

liberty, which are found in Magna Charta. Not long afterwards, the

legislature of New York, probably with a view only to the authority

claimed by the governor, passed an act in which its own supremacy, not

only in matters of taxation, but of general legislation, is expressly

affirmed. Both these acts however were disapproved in England; and the

parliament asserted its authority, in 1696, by declaring "that all

laws, bye laws, usages, and customs, which shall be in practice in any

of the plantations, repugnant to any law made or to be made in this

kingdom relative to the said plantations, shall be void and of none

effect." And three years afterwards, an act was passed for the trial

of pirates in America, in which is to be found the following

extraordinary clause: "Be it farther declared that, if any of the

governors, or any person or persons in authority there, shall refuse

to yield obedience to this act, such refusal is hereby declared to be

a forfeiture of all and every [_sic_] the charters granted for the

government and propriety of such plantations."

The English statute book furnishes many instances in which the

legislative power of parliament over the colonies was extended to

regulations completely internal; and it is not recollected that their

authority was in any case openly controverted.

In the middle and southern provinces, no question respecting the

supremacy of parliament, in matters of general legislation, ever

existed. The authority of such acts of internal regulation as were

made for America, as well as of those for the regulation of commerce,

even by the imposition of duties, provided those duties were imposed

for the purpose of regulation, had been at all times admitted. But

these colonies, however they might acknowledge the supremacy of

parliament in other respects, denied the right of that body to tax

them internally.

Their submission to the act for establishing a general post office,

which raised a revenue on the carriage of letters, was not thought a

dereliction of this principle; because that regulation was not

considered as a tax, but as a compensation for a service rendered,

which every person might accept or decline. And all the duties on

trade were understood to be imposed, rather with a view to prevent

foreign commerce, than to raise a revenue. Perhaps the legality of

such acts was the less questioned, because they were not rigorously

executed, and their violation was sometimes designedly overlooked. A

scheme for taxing the colonies by authority of parliament had been

formed so early as the year 1739, and recommended to government by a

club of American merchants, at whose head was sir William Keith,

governor of Pennsylvania. In this scheme, it was proposed to raise a

body of regulars, to be stationed along the western frontier of the

British settlements, for the protection of the Indian traders; the

expense of which establishment was to be paid with monies arising from

a duty on stamped paper and parchment in all the colonies. This plan,

however, was not countenanced by those in power; and seems never to

have been seriously taken up by the government until the year 1754.

The attention of the minister was then turned to a plan of taxation by

authority of parliament; and it will be recollected that a system was

devised and recommended by him, as a substitute for the articles of

union proposed by the convention at Albany. The temper and opinion of

the colonists, and the impolicy of irritating them at a crisis which

required all the exertions they were capable of making, suspended this

delicate and dangerous measure; but it seems not to have been totally

abandoned. Of the right of parliament, as the supreme legislature, of

the nation, to tax as well as govern the colonies, those who guided

the councils of Britain seem not to have entertained a doubt; and the

language of men in power, on more than one occasion through the war,

indicated a disposition to put this right in practice when the

termination of hostilities should render the experiment less

dangerous. The failure of some of the colonies, especially those in

which a proprietary government was established, to furnish, in time,

the aids required of them, contributed to foster this disposition.

This opposition of opinion on a subject the most interesting to the

human heart, was about to produce a system of measures which tore

asunder all the bonds of relationship and affection that had subsisted

for ages, and planted almost inextinguishable hatred in bosoms where

the warmest friendship had long been cultivated.

{1764}

The unexampled expenses of the war required a great addition to the

regular taxes of the nation. Considerable difficulty was found in

searching out new sources of revenue, and great opposition was made to

every tax proposed. Thus embarrassed, administration directed its

attention to the continent of North America. The system which had been

laid aside was renewed; and, on the motion of Mr. Grenville, first

commissioner of the treasury, a resolution passed without much debate,

declaring that it would be proper to impose certain stamp duties in

the colonies and plantations, for the purpose of raising a revenue in

America, payable into the British exchequer. This resolution was not

carried into immediate effect, and was only declaratory of an

intention to be executed the ensuing year.[179]

[Footnote 179: Belsham.]

Other resolutions were passed at the same time, laying new duties on

the trade of the colonies, which being in the form of commercial

regulations, were not generally contested on the ground of right,

though imposed expressly for the purpose of raising revenue. Great

disgust, however, was produced by the increase of the duties, by the

new regulations which were made, and by the manner in which those

regulations were to be executed. The gainful commerce long carried on

clandestinely with the French and Spanish colonies, in the progress of

which an evasion of the duties imposed by law had been overlooked by

the government, was to be rigorously suppressed by taxes amounting to

a prohibition of fair trade; and their exact collection was to be

enforced by measures not much less offensive in themselves, than on

account of the object to be effected.[180]

[Footnote 180: Belsham. Minot.]

Completely to prevent smuggling, all the officers in the sea service,

who were on the American station, were converted into revenue

officers; and directed to take the custom house oaths. Many vexatious

seizures were made, for which no redress could be obtained but in

England. The penalties and forfeitures, too, accruing under the act,

as if the usual tribunals could not be trusted, were made recoverable

in any court of vice-admiralty in the colonies. It will be readily

conceived how odious a law, made to effect an odious object, must have

been rendered by such provisions as these.

{1765}

The resolution concerning the duties on stamps excited a great and

general ferment in America. The right of parliament to impose taxes on

the colonies for the purpose of raising a revenue, became the subject

of universal conversation, and was almost universally denied.

Petitions to the King, and memorials to both houses of parliament

against the measure, were transmitted by several of the provincial

assemblies to the board of trade in England, to be presented to his

majesty immediately; and to parliament, when that body should be

convened. The house of representatives of Massachusetts instructed

their agent to use his utmost endeavours to prevent the passage of the

stamp act, or any other act levying taxes or impositions of any kind

on the American provinces. A committee was appointed to act in the

recess of the general court, with instructions to correspond with the

legislatures of the several colonies, to communicate to them the

instructions given to the agent of Massachusetts, and to solicit their

concurrence in similar measures. These legislative proceedings were,

in many places, seconded by associations entered into by individuals,

for diminishing the use of British manufactures.[181]

[Footnote 181: Minot.]

The administration, perceiving the opposition to be encountered by

adhering to the vote of the preceding session, informed the agents of

the colonies in London that, if they would propose any other mode of

raising the sum required[182], their proposition would be accepted,

and the stamp duty laid aside. The agents replied that they were not

authorised to propose any substitute, but were ordered to oppose the

bill when it should be brought into the house, by petitions

questioning the right of parliament to tax the colonies. This reply

placed the controversy on ground which admitted of no compromise.

Determined to persevere in the system he had adopted, and believing

successful resistance to be impossible, Mr. Grenville brought into

parliament his celebrated act for imposing stamp duties in America;

and it passed both houses by great majorities, but not without

animated debate. So little weight does the human mind allow to the

most conclusive arguments, when directed against the existence of

power in ourselves, that general Conway is said to have stood

alone[183] in denying the right claimed by parliament.

[Footnote 182: 100,000_l_. sterling.]

[Footnote 183: Mr. Pitt was not in the house; and Mr.

Ingersoll, in his letter, states that Alderman Beckford

joined General Conway. Mr. Belsham, therefore, who makes

this statement, was probably mistaken.]

This act excited serious alarm throughout the colonies. It was

sincerely believed to wound vitally the constitution of the country,

and to destroy the most sacred principles of liberty. Combinations

against its execution were formed; and the utmost exertions were used

to diffuse among the people a knowledge of the pernicious consequences

which must flow from admitting that the colonists could be taxed by a

legislature in which they were not represented.

The assembly of Virginia was in session when the intelligence was

received; and, by a small majority, passed several resolutions

introduced by Mr. Henry, and seconded by Mr. Johnson,[184] one of

which asserts the exclusive right of that assembly to lay taxes and

impositions on the inhabitants of that colony.[185]

[Footnote 184: See note No. III, at the end of the volume.]

[Footnote 185: Prior documents. Virginia Gazette.]

On the passage of these resolutions, the governor dissolved the

assembly; and writs for new elections were issued. In almost every

instance, the members who had voted in favour of the resolutions were

re-elected, while those who had voted against them were generally

excluded.

The legislatures of several other colonies passed resolutions similar

to those of Virginia. The house of representatives of Massachusetts,

contemplating a still more solemn and effectual expression of the

general sentiment, recommended a congress of deputies from all the

colonial assemblies, to meet at New York the first Monday in October.

Circular letters communicating this recommendation, were addressed to

the respective assemblies wherever they were in session. New Hampshire

alone, although concurring in the general opposition, declined sending

members to the congress; and the legislatures of Virginia and North

Carolina were not in session.[186]

[Footnote 186: Minot.]

In the meantime, the press teemed with the most animating exhortations

to the people, to unite in defence of their liberty and property; and

the stamp officers were, almost universally, compelled to resign.

[Sidenote: Congress at New York.]

At the time appointed, the commissioners from the assemblies of

Massachusetts, Rhode Island, Connecticut, New York, New Jersey,

Pennsylvania, the three lower counties on the Delaware, Maryland, and

South Carolina assembled at New York; and, having chosen Timothy

Ruggles, of Massachusetts, their chairman, proceeded on the important

objects for which they had convened. The first measure of congress was

a declaration[187] of the rights and grievances of the colonists. This

paper asserts their title to all the rights and liberties of natural

born subjects within the kingdom of Great Britain; among the most

essential of which are, the exclusive power to tax themselves, and the

trial by jury.

[Footnote 187: See note No. IV, at the end of the volume.]

The act granting certain stamp and other duties in the British

colonies was placed first on the list of grievances. Its direct

tendency they said, was, by taxing the colonists without their

consent, and by extending the jurisdiction of courts of admiralty, to

subvert their rights and liberties. They also addressed a petition to

the King, and a memorial to each house of parliament.

These papers were drawn with temperate firmness. They express,

unequivocally, the attachment of the colonists to the mother country;

and assert the rights they claim in the earnest language of

conviction.

Having, in addition to these measures, recommended to the several

colonies to appoint special agents, with instructions to unite their

utmost endeavours in soliciting a redress of grievances; and directed

their clerk to make out a copy of their proceedings for each colony,

congress adjourned.[188]

[Footnote 188: Minot. Prior documents.]

To interest the people of England against the measures of

administration, associations were formed for the encouragement of

domestic manufactures, and against the use of those imported from

Great Britain. To increase their quantity of wool, the colonists

determined to kill no lambs, and to use all the means in their power

to multiply their flocks of sheep. To avoid the use of stamps,

proceedings in the courts of justice were suspended; and a settlement

of all controversies by arbitration was strongly recommended.

[Sidenote: Violence in the large towns.]

While this determined and systematic opposition was made by the

thinking part of the community, some riotous and disorderly meetings

took place, especially in the large towns, which threatened serious

consequences. Many houses were destroyed, much property injured, and

several persons, highly respectable in character and station, were

grossly abused.

While these transactions were passing in America, causes entirely

unconnected with the affairs of the colonies, produced a total

revolution in the British cabinet. The Grenville party was succeeded

by an administration unfriendly to the plan for taxing the colonies

without their consent. General Conway, one of the principal

secretaries of state, addressed a circular letter to the several

governors, in which he censured, in mild terms, the violent measures

that had been adopted, and recommended to them, while they maintained

the dignity of the crown and of parliament, to observe a temperate and

conciliatory conduct towards the colonists, and to endeavour, by

persuasive means, to restore the public peace.

{1766}

Parliament was opened by a speech from the throne, in which his

majesty declared his firm confidence in their wisdom and zeal, which

would, he doubted not, guide them to such sound and prudent

resolutions, as might tend at once to preserve the constitutional

rights of the British legislature over the colonies, and to restore to

them that harmony and tranquillity which had lately been interrupted

by disorders of the most dangerous nature.

In the course of the debate in the house of commons, on the motion for

the address, Mr. Pitt, in explicit terms, condemned the act for

collecting stamp duties in America; and avowed the opinion that

parliament had no right to tax the colonies. He asserted, at the same

time, "the authority of that kingdom to be sovereign and supreme in

every circumstance of government and legislation whatever." He

maintained the difficult proposition "that taxation is no part of the

governing, or legislative power; but that taxes are a voluntary gift

and grant of the commons alone;" and concluded an eloquent speech, by

recommending to the house, "that the stamp act be repealed,

_absolutely_, _totally_, and _immediately_."

The opinions expressed by Mr. Pitt were warmly opposed by the late

ministers. Mr. Grenville said, "that the disturbances in America were

grown to tumults and riots; he doubted, they bordered on open

rebellion; and, if the doctrine he had heard that day should be

confirmed, he feared they would lose that name to take that of

revolution. The government ever them being dissolved, a revolution

would take place in America." He contended that taxation was a part of

the sovereign power;--one branch of legislation; and had been

exercised over those who were not represented. He could not comprehend

the distinction between external and internal taxation; and insisted

that the colonies ought to bear a part of the burdens occasioned by a

war for their defence.

[Sidenote: Stamp act repealed.]

The existing administration, however, concurred in sentiment with Mr.

Pitt, and the act was repealed; but its repeal was accompanied with a

declaratory act, asserting the right of Great Britain to bind the

colonies in all cases whatsoever.

The intelligence of this event was received in America with general

manifestations of joy. The assertion of the abstract principle of

right gave many but little concern, because they considered it merely

as a salve for the wounded pride of the nation, and believed

confidently that no future attempt would be made to reduce it to

practice. The highest honours were conferred on those parliamentary

leaders who had exerted themselves to obtain a repeal of the act; and,

in Virginia, the house of Burgesses voted a statue to his majesty, as

an acknowledgment of their high sense of his attention to the rights

and petitions of his people.

Though all the colonies rejoiced at the repeal of the stamp act, the

same temper did not prevail in all of them. In the commercial cities

of the north, the regulations of trade were nearly as odious as the

stamp act itself. Political parties too had been formed, and had

assumed a bitterness in some of the colonies, entirely unknown in

others. These dispositions were not long concealed. The first measures

of Massachusetts and of New York demonstrated that, in them, the

reconciliation with the mother country was not cordial.

The letter of secretary Conway, transmitting the repeal of the act

imposing a duty on stamps, enclosed also a resolution of parliament

declaring that those persons who had suffered injuries in consequence

of their assisting to execute that act, ought to be compensated by the

colony in which such injuries were sustained. This was chiefly in

Massachusetts. The resolution of parliament was laid before the

general court of that province, by governor Bernard, in a speech

rather in the spirit of the late, than the present

administration;--rather calculated to irritate than assuage the angry

passions that had been excited. The house of representatives resented

his manner of addressing them; and appeared more disposed to inquire

into the riots, and to compel those concerned in them to make

indemnities, than to compensate the sufferers out of the public purse.

But, after a second session, and some intimation that parliament would

enforce its requisition, an act of pardon to the offenders, and of

indemnity to the sufferers, was passed; but was rejected by the King,

because the colonial assembly had no power, by their charter, to pass

an act of general pardon, but at the instance of the crown.[189]

[Footnote 189: Minot.]

In New York, where general Gage was expected with a considerable body

of troops, a message was transmitted by the governor to the

legislature, desiring their compliance with an act of parliament

called "the mutiny act," which required that the colony in which any

of his majesty's forces might be stationed, should provide barracks

for them, and necessaries in their quarters. The legislature postponed

the consideration of this message until the troops were actually

arrived; and then, after a second message from the governor,

reluctantly and partially complied with the requisitions of the act.

At a subsequent session, the governor brought the subject again before

the assembly, who determined that the act of parliament could be

construed only to require that provision should be made for troops on

a march, and not while permanently stationed in the country.[190] The

reason assigned for not furnishing the accommodations required by the

governor, implies the opinion that the act of parliament was

rightfully obligatory; and yet the requisitions of the mutiny act were

unquestionably a tax; and no essential distinction is perceived

between the power of parliament to levy a tax by its own authority,

and to levy it through the medium of the colonial legislatures; they

having no right to refuse obedience to the act. It is remarkable that

such inaccurate ideas should still have prevailed, concerning the

controlling power of parliament over the colonies.

[Footnote 190: Minot. Prior documents. Belsham.]

In England it was thought to manifest a very forbearing spirit, that

this instance of disobedience was punished with no positive penalties;

and that the ministers contented themselves with a law prohibiting the

legislature of the province from passing any act, until it should

comply, in every respect, with the requisitions of parliament. The

persevering temper of Massachusetts not having found its way to New

York, this measure produced the desired effect.

Two companies of artillery, driven into the port of Boston by stress

of weather, applied to the governor for supplies. He laid the

application before his council, who advised that, "in pursuance of the

act of parliament" the supplies required should be furnished. They

were furnished, and the money to procure them was drawn from the

treasury by the authority of the executive.

{1767}

On the meeting of the legislature, the house of representatives

expressed in pointed terms their disapprobation of the conduct of the

governor. Particular umbrage was given by the expression "_in

pursuance of an act of parliament_." "After the repeal of the stamp

act, they were surprised to find that this act, equally odious and

unconstitutional, should remain in force. They lamented the entry of

this reason for the advice of council the more, as it was an

unwarrantable and unconstitutional step which totally disabled them

from testifying the same cheerfulness they had always shown in

granting to his majesty, of their free accord, such aids as his

service has from time to time required."[191] Copies of these messages

were transmitted by governor Bernard to the minister, accompanied by

letters not calculated to diminish the unpleasantness of the

communication.

[Footnote 191: Minot.]

The idea of raising revenue in America, was so highly favoured in

England, especially by the landed interest, that not even the

influence of administration could have obtained a repeal of the stamp

act, on the naked principle of right. Few were hardy enough to

question the supremacy of parliament; and the act receding from the

practical assertion of the power to tax the colonists, deeply wounded

the pride of the King, and of the nation.

The temper discovered in some of the colonies was ill calculated to

assuage the wound, which this measure had inflicted, on the haughty

spirit of the country; and is supposed to have contributed to the

revival of a system, which had been reluctantly abandoned.

Charles Townshend, chancellor of the exchequer, said boastingly in the

house of commons, "that he knew how to draw a revenue from the

colonies without giving them offence."[192] Mr. Grenville eagerly

caught at the declaration, and urged this minister to pledge himself

to bring forward the measure, at which he had hinted. During the

sickness and absence of lord Chatham, the cabinet had decided on

introducing a bill for imposing certain duties on tea, glass, paper,

and painter's colours, imported into the colonies from Great Britain;

and appropriating the money in the first instance, to the salaries of

the officers of government. This bill was brought into parliament, and

passed almost without opposition.

[Footnote 192: Belsham.]

The friends of America, in England, had distinguished between internal

and external taxation; and the same distinction had been made in the

colonies. But the discussions originating in the stamp act, while they

diffused among the colonists a knowledge of their political rights,

had inspired also more accurate ideas respecting them.

These duties were plainly intended, not to regulate commerce, but to

raise revenue, which would be as certainly collected from the

colonists, as the duties on stamps could have been. The principle of

the two measures was the same. Many of the Americans were too

intelligent to be misguided by the distinction between internal and

external taxation, or by the precedents quoted in support of the

right, for which parliament contended. This measure was considered as

establishing a precedent of taxation for the mere purpose of revenue,

which might afterwards be extended at the discretion of parliament;

and was spoken of as the _entering wedge_, designed to make way for

impositions too heavy to be borne. The appropriation of the money did

not lessen the odium of the tax. The colonists considered the

dependence of the officers of government, on the colonial legislature,

for their salaries, as the best security for their attending to the

interests, and cultivating the affections of the provinces.[193] Yet

the opinion that this act was unconstitutional, was not adopted so

immediately, or so generally, as in the case of the stamp act. Many

able political essays appeared in the papers, demonstrating that it

violated the principles of the English constitution and of English

liberty, before the conviction became general, that the same principle

which had before been successfully opposed, was again approaching in a

different form.

[Footnote 193: Prior documents.]

{1768}

The general court of Massachusetts, perceiving plainly that the claim

to tax America was revived, and being determined to oppose it,

addressed an elaborate letter to Dennis de Berdt, agent for the house

of representatives, detailing at great length, and with much weight of

argument, all the objections to the late acts of parliament. Letters

were also addressed to the earl of Shelburne and general Conway,

secretaries of state, to the marquis of Rockingham, lord Camden, the

earl of Chatham, and the lords commissioners of the treasury. These

letters, while they breathe a spirit of ardent attachment to the

British constitution, and to the British nation, manifest a perfect

conviction that their complaints were just.

Conclusive as the arguments they contained might have appeared to

Englishmen, if urged by themselves in support of their own rights,

they had not much weight, when used to disprove the existence of their

authority over others. The deep and solemn tone of conviction,

however, conveyed in all these letters, ought to have produced a

certainty that the principles assumed in them had made a strong

impression, and would not be lightly abandoned. It ought to have been

foreseen that with such a people, so determined, the conflict must be

stern and hazardous; and, it was well worth the estimate, whether the

object would compensate the means used to obtain it.

[Sidenote: Petition to the King.]

The assembly also voted a petition to the King, replete with

professions of loyalty and attachment; but stating, in explicit terms,

their sense of the acts against which they petitioned.

A proposition was next made for an address to the other colonies on

the power claimed by parliament, which, after considerable debate, was

carried in the affirmative; and a circular letter to the assemblies of

the several provinces, setting forth the proceedings of the house of

representatives, was prepared and adopted.[194]

[Footnote 194: See note V, at the end of the volume.]

To rescue their measures from the imputation of systematic opposition

to the British government, the house, without acknowledging the

obligation of the mutiny act, complied with a requisition of the

governor to make a farther provision for one of the King's garrisons

within the province. The governor, soon afterwards, prorogued the

general court with an angry speech, not calculated to diminish the

resentments of the house directed against himself; resentments

occasioned as much by the haughtiness of his manners, and a persuasion

that he had misrepresented their conduct and opinions to ministers, as

by the unpopular course his station required him to pursue.[195]

[Footnote 195: Minot.]

The circular letter of the house of representatives of Massachusetts

was well received in the other colonies. They approved the measures

which had been taken, and readily united in them. They, too,

petitioned the King against the obnoxious acts of parliament, and

instructed their several agents to use all proper means to obtain

their repeal. Virginia transmitted a statement of her proceedings[196]

to her sister colonies; and her house of Burgesses, in a letter to

Massachusetts, communicating the representation made to parliament,

say, "that they do not affect an independency of their parent kingdom,

the prosperity of which they are bound, to the utmost of their

abilities, to promote; but cheerfully acquiesce in the authority of

parliament to make laws for the preserving a necessary dependence, and

for regulating the trade of the colonies; yet they cannot conceive,

and humbly insist, it is not essential to support a proper relation

between the mother country, and colonies transplanted from her, that

she should have a right to raise money from them without their

consent, and presume they do not aspire to more than the right of

British subjects, when they assert that no power on earth has a right

to impose taxes on the people, or take the smallest portion of their

property without their consent given by their representatives in

parliament."[197]

[Footnote 196: Prior documents.]

[Footnote 197: In this letter the house of Burgesses express

their opinion of the mutiny act in the following terms: "The

act suspending the legislative power of New York, they

consider as still more alarming to the colonies, though it

has that single province in view. If parliament can compel

them to furnish a single article to the troops sent over,

they may, by the same rule, oblige them to furnish clothes,

arms, and every other necessary, even the pay of the

officers and soldiers; a doctrine replete with every

mischief, and utterly subversive of all that's dear and

valuable; for what advantage can the people of the colonies

derive from choosing their own representatives, if those

representatives, when chosen, be not permitted to exercise

their own judgments, be under a necessity (on pain of being

deprived of their legislative authority) of enforcing the

mandates of a British parliament."]

On the first intimation of the measures taken by Massachusetts, the

earl of Hillsborough, who had been appointed to the newly created

office of secretary of state for the department of the colonies,

addressed a circular to the several governors, to be laid before the

respective assemblies, in which he treated the circular letter of

Massachusetts, as being of the most dangerous tendency, calculated to

inflame the minds of his majesty's good subjects in the colonies, to

promote an unwarrantable combination, to excite an open opposition to

the authority of parliament, and to subvert the true principles of the

constitution.[198]

[Footnote 198: Prior documents.]

His first object was to prevail on the several assemblies openly to

censure the conduct of Massachusetts; his next, to prevent their

approving the proceedings of that colony. The letter, far from

producing the desired effect, rather served to strengthen the

determination of the colonies to unite in their endeavours to obtain a

repeal of laws universally detested. On manifesting this disposition,

the assemblies were generally dissolved;--probably in pursuance of

instructions from the crown.

When the general court of Massachusetts was again convened, governor

Bernard laid before the house of representatives, an extract of a

letter from the earl of Hillsborough, in which, after animadverting in

harsh terms on the circular letter to the colonies, he declared it to

be "the King's pleasure" that the governor "should require the house

of representatives, in his majesty's name, to rescind the resolution

on which the circular letter was founded, and to declare their

disapprobation of, and dissent from, that rash and hasty proceeding."

This message excited considerable agitation; but the house, without

coming to any resolution on it, requested the governor to lay before

them the whole letter of the earl of Hillsborough, and also copies of

such letters as had been written by his excellency to that nobleman,

on the subject to which the message referred.

The copies were haughtily refused; but the residue of the letter from

the earl of Hillsborough was laid before them. That minister said,

"if, notwithstanding the apprehensions which may justly be entertained

of the ill consequence of a continuance of this factious spirit, which

seems to have influenced the resolutions of the assembly at the

conclusion of the last session, the new assembly should refuse to

comply with his majesty's reasonable expectation, it is the King's

pleasure that you immediately dissolve them."

This subject being taken into consideration, a letter to the earl was

reported, and agreed to by a majority of ninety-three to thirteen, in

which they defended their circular letter in strong and manly, but

respectful terms; and concluded with saying, "the house humbly rely on

the royal clemency, that to petition his majesty will not be deemed by

him to be inconsistent with a respect to the British constitution as

settled at the revolution by William III., and that to acquaint their

fellow subjects involved in the same distress, of their having so

done, in full hopes of success, even if they had invited the union of

all America in one joint supplication, would not be discountenanced by

their gracious sovereign, as a measure of an inflammatory nature. That

when your lordship shall in justice lay a true state of these matters

before his majesty, he will no longer consider them as tending to

create unwarrantable combinations, or excite an unjustifiable

opposition to the constitutional authority of parliament; that he will

then truly discern who are of that desperate faction which is

continually disturbing the public tranquillity; and that, while his

arm is extended for the protection of his distressed and injured

subjects, he will frown upon all those who, to gratify their own

passions, have dared to attempt to deceive him."[199]

[Footnote 199: Prior documents.]

[Sidenote: Legislature of Massachusetts dissolved.]

A motion to rescind the resolution on which their circular letter was

founded, passed in the negative, by a majority of ninety-two to

seventeen; and a letter to the governor was prepared, stating their

motives for refusing to comply with the requisition of the earl of

Hillsborough. Immediately after receiving it, he prorogued the

assembly, with an angry speech; and, the next day, dissolved it by

proclamation.[200]

[Footnote 200: Minot.]

While the opposition was thus conducted by the legislature with

temperate firmness, and legitimate means, the general irritation

occasionally displayed itself at Boston, in acts of violence denoting

evidently that the people of that place, were prepared for much

stronger measures than their representatives had adopted.

[Sidenote: Seizure of the sloop Liberty.]

The seizure of the sloop Liberty belonging to Mr. Hancock, by the

collector of the customs, occasioned the assemblage of a tumultuous

mob, who beat the officers and their assistants, took possession of a

boat belonging to the collector, burnt it in triumph, and patrolled

the streets for a considerable time. The revenue officers fled for

refuge, first to the Romney man of war, and afterwards to Castle

William. After the lapse of some time, the governor moved the council

to take into consideration some measure for restoring vigour and

firmness to government. The council replied "that the disorders which

happened were occasioned by the violent and unprecedented manner in

which the sloop Liberty had been seized by the officers of the

customs." And the inhabitants of Boston, in a justificatory memorial,

supported by affidavits, insisted that the late tumults were

occasioned, principally, by the haughty conduct of the commissioners

and their subordinate officers, and by the illegal and offensive

conduct of the Romney man of war.[201]

[Footnote 201: Minot. Prior documents.]

The legislature however did not think proper to countenance this act

of violence. A committee of both houses, appointed to inquire into the

state of the province, made a report which, after reprobating the

circumstances attending the seizure, to which the mob was ascribed,

declared their abhorrence of a procedure which they pronounced

criminal; desired the governor to direct a prosecution against all

persons concerned in the riot; and to issue a proclamation offering a

reward to any person who should make discoveries by which the rioters

or their abettors should be brought to condign punishment.

This report, however, seems to have been intended, rather to save

appearances, than to produce any real effect. It was perfectly

understood that no person would dare to inform; or even to appear, as

a witness, in any prosecution which might be instituted. Suits were

afterwards brought against Mr. Hancock and others, owners of the

vessel and cargo; but they were never prosecuted to a final

decision.[202]

[Footnote 202: Minot.]

This riot accelerated a measure, which tended, in no inconsiderable

degree, to irritate still farther the angry dispositions already

prevalent in Boston.

The governor had pressed on administration the necessity of stationing

a military force in the province, for the protection of the officers

employed in collecting the revenue, and of the magistrates, in

preserving the public peace. In consequence of these representations,

orders had already been given to general Gage to detach, at least, one

regiment on this service, and to select for the command of it, an

officer on whose prudence, resolution, and integrity, he could rely.

The transactions respecting the sloop Liberty rendered any attempt to

produce a countermand of these orders entirely abortive; and, probably

occasioned two regiments, instead of one, to be detached by general

Gage.[203]

[Footnote 203: Minot.]

It seems to have been supposed that a dissolution of the assembly of

Massachusetts would dissolve also the opposition to the measures of

administration; and that the people, having no longer constitutional

leaders, being no longer excited and conducted by their

representatives, would gradually become quiet, and return to, what was

termed, their duty to government. But the opinions expressed by the

house of representatives were the opinions of the great body of the

people, and had been adopted with too much ardour to be readily

suppressed. The most active and energetic part of society had embraced

them with enthusiasm; and the dissolution of the assembly, by creating

a necessity for devising other expedients, hastened the mode of

conducting opposition at least as efficacious, and afterwards

universally adopted.

At a town meeting of the inhabitants of Boston, a committee was

deputed for the purpose of praying the governor to convene another

general assembly. He replied that no other could be convened until his

majesty's commands to that effect should be received. This answer

being reported, the meeting resolved "that to levy money within that

province by any other authority than that of the general court, was a

violation of the royal charter, and of the undoubted natural rights of

British subjects.

"That the freeholders, and other inhabitants of the town of Boston

would, at the peril of their lives and fortunes, take all legal and

constitutional measures to defend all and singular the rights,

liberties, privileges, and immunities, granted in their royal charter.

"That as there was an apprehension in the minds of many of an

approaching war with France, those inhabitants who were not provided

with arms should be requested duly to observe the laws of the

province, which required that every freeholder should furnish himself

with a complete stand."

But the important resolution was "that, as the governor did not think

proper to call a general court for the redress of their grievances,

the town would then make choice of a suitable number of persons to act

for them as a committee in a convention, to be held at Faneuil Hall in

Boston, with such as might be sent to join them from the several towns

in the province."

These votes were communicated by the select men, in a circular letter

to the other towns in the province, which were requested to concur,

and to elect committee men, to meet those of Boston in convention.

[Sidenote: Convention assembles in Boston.]

The measure was generally adopted; and a convention met, which was

regarded with all the respect that could have been paid to a

legitimate assembly.[204]

[Footnote 204: Minot.]

[Sidenote: Its moderation.]

The country in general, though united on the great constitutional

question of taxation, was probably not so highly exasperated as the

people of Boston; and the convention acted with unexpected moderation.

They disclaimed all pretensions to any other character than that of

mere individuals, assembled by deputation from the towns, to consult

and advise on such measures as might tend to promote the peace of his

majesty's subjects in the province, but without power to pass any acts

possessing a coercive quality.

They petitioned the governor to assemble a general court, and

addressed a letter to the agent of the province in England, stating

the character in which they met, and the motives which brought them

together. After expressing their opinions with temper and firmness on

the subjects of general complaint, and recommending patience and order

to the people, they dissolved themselves, and returned to their

respective homes.[205]

[Footnote 205: Minot.]

[Sidenote: Two regiments arrive.]

The day before the convention rose, the two regiments which had been

detached by general Gage arrived, under convoy, in Nantasket road. The

council had rejected an application of the governor to provide

quarters for them, because the barracks in the castle were sufficient

for their accommodation; and, by act of parliament, the British troops

were not to be quartered elsewhere until those barracks were full.

General Gage had directed one regiment to be stationed in Boston; but,

on hearing a report that the people were in a state of open revolt, he

gave additional orders, which left the whole subject to the discretion

of the commanding officer; who was induced, by some rash threats of

opposing the disembarkation of the troops to land both regiments in

that place. The ships took a station which commanded the whole town,

and lay with their broad sides towards it, ready to fire, should any

resistance be attempted. The troops landed under cover of their

cannon, and marched into the common with loaded muskets and fixed

bayonets;[206] a display of military pomp, which was believed by the

inhabitants to have been intended for the purpose either of

intimidation, or of irritation.

[Footnote 206: Gazette.]

The select men, as well as the council, having refused to provide

quarters for the troops, the governor ordered the state house to be

opened for their reception; and they took possession of all the

apartments in it, except that which was reserved for the council. The

people were filled with indignation at seeing the chamber of their

representatives crowded with regular soldiers, their counsellors

surrounded with foreign troops, and their whole city exhibiting the

appearance of a garrisoned town. With the difference of manners

between the soldiers and the inhabitants, and the strong prejudices

reciprocally felt against each other, it is not wonderful that

personal broils should frequently occur, and that mutual antipathies

should be still farther increased.[207]

[Footnote 207: Minot.]

While these measures were pursuing in America, every session of

parliament was opened with a speech from the King, stating that a

disposition to refuse obedience to the laws, and to resist the

authority of the supreme legislature of the nation, still prevailed

among his misguided subjects in some of the colonies. In the addresses

to the throne, both houses uniformly expressed their abhorrence of the

rebellious spirit manifested in the colonies, and their approbation of

the measures taken by his majesty for the restoration of order and

good government.

To give a more solemn expression to the sense of parliament on this

subject, the two houses entered into joint resolutions, condemning the

measures pursued by the Americans; and agreed to an address, approving

the conduct of the crown, giving assurances of effectual support to

such farther measures as might be found necessary to maintain the

civil magistrates in a due execution of the laws within the province

of Massachusetts Bay, and beseeching his majesty to direct the

governor of that colony to obtain and transmit information of all

treasons committed in Massachusetts since the year 1767, with the

names of the persons who had been most active in promoting such

offences, that prosecutions might be instituted against them within

the realm, in pursuance of the statute of the 35th of Henry VIII.[208]

[Footnote 208: Belsham. Prior documents.]

{1769}

The impression made by these threatening declarations, which seem to

have been directed particularly against Massachusetts, in the hope of

deterring the other provinces from involving themselves in her

dangers, was far from being favourable to the views of the mother

country. The determination to resist the exercise of the authority

claimed by Great Britain not only remained unshaken, but was

manifested in a still more decided form.

[Sidenote: Resolutions of the house of Burgesses of Virginia.]

Not long after these votes of parliament, the assembly of Virginia was

convened by lord Botetourt, a nobleman of conciliating manners, who

had lately been appointed governor of that province. The house took

the state of the colony into their immediate consideration, and passed

unanimously several resolutions asserting the exclusive right of that

assembly to impose taxes on the inhabitants within his majesty's

dominion of Virginia, and their undoubted right to petition for a

redress of grievances, and to obtain a concurrence of the other

colonies in such petitions. "That all persons charged with the

commission of any offence within that colony, were entitled to a trial

before the tribunals of the country, according to the fixed and known

course of proceeding therein, and that to seize such persons, and

transport them beyond sea for trial, derogated in a high degree from

the rights of British subjects, as thereby the inestimable privilege

of being tried by a jury from the vicinage, as well as the liberty of

summoning and producing witnesses on such trial, will be taken from

the party accused."

An address to his majesty was also agreed on, which states in the

style of loyalty and real attachment to the crown, the deep conviction

of the house of Burgesses of Virginia, that the complaints of the

colonists were well founded.[209]

[Footnote 209: Gazette. Prior documents.]

[Sidenote: Assembly dissolved.]

Intelligence of these proceedings having reached the governor, he

suddenly dissolved the assembly. This measure did not produce the

desired effect. The members convened at a private house, and, having

chosen their speaker, moderator, proceeded to form a non-importing

association, which was signed by every person present, and afterwards,

almost universally throughout the province.[210]

[Footnote 210: Gazette. Prior documents.]

From the commencement of the controversy, the opinion seems to have

prevailed in all the colonies, that the most effectual means of

succeeding in the struggle in which they were engaged, were those

which would interest the merchants and manufacturers of Great Britain

in their favour. Under the influence of this opinion, associations had

been proposed in Massachusetts, as early as May 1765, for the

non-importation of goods from that country. The merchants of some of

the trading towns in the other colonies, especially those of

Philadelphia, refused, at that time, to concur in a measure which they

thought too strong for the existing state of things; and it was laid

aside. But, in the beginning of August, it was resumed in Boston; and

the merchants of that place entered into an agreement not to import

from Great Britain any articles whatever, except a few of the first

necessity, between the first of January 1769, and the first of January

1770; and not to import tea, glass, paper, or painter's colours, until

the duties imposed on those articles should be taken off. This

agreement was soon afterwards adopted in the town of Salem, the city

of New York, and the province of Connecticut; but was not generally

entered into through the colonies, until the resolutions and address

of the two houses of parliament which have already been mentioned,

seemed to cut off the hope that petitions and memorials alone, would

effect the object for which they contended.[211]

[Footnote 211: Minot.]

[Sidenote: Measures against the importation of British goods.]

The proceedings of the house of Burgesses of Virginia had been

transmitted to the speakers of the several assemblies throughout the

continent. In the opinion of the neighbouring colonies, the occasion

required efficacious measures; and an association, similar to that

which had been formed by their elder sister, was entered into by

Maryland, and the Carolinas. The inhabitants of Charleston went so far

as to break off all connexion with Rhode Island and Georgia, which had

refused to adopt the non-importation agreement. This vigorous measure

was not without its influence; and those provinces, soon afterwards,

entered into the association.[212]

[Footnote 212: Gazette. Prior documents.]

In Portsmouth in New Hampshire, where governor Wentworth possessed

great influence, some repugnance to this measure was also discovered;

but, being threatened with a suspension of their intercourse with the

other colonies, the merchants of that place concurred in the general

system.

All united in giving effect to this agreement. The utmost exertions

were used to improve the manufactures of the country; and the fair

sex, laying aside the late fashionable ornaments of England, exulted,

with patriotic pride, in appearing dressed in the produce of their own

looms. Committees chosen by the people superintended importations; and

the force of public opinion went far to secure the agreement from

violation.

[Sidenote: General court in Massachusetts.]

The necessities of government requiring a supply of money, the general

court of Massachusetts was again convened. The members of the former

house of representatives were generally re-elected, and brought with

them the temper which had occasioned their dissolution. Instead of

entering on the business for which they were called together, they

engaged in a controversy with the governor concerning the removal of

the ships of war from the harbour, and of the troops from the town of

Boston, to which they contended, his power, as the representative of

the crown was adequate.

The governor, ascribing this temper to the influence of the

metropolis, adjourned the general court to Cambridge; but this measure

served to increase the existing irritation. The business recommended

to them remained unnoticed; their altercations with the governor

continued; and they entered into several warm resolutions enlarging

the catalogue of their grievances, in terms of greater exasperation

than had appeared in the official acts of any legislature on the

continent.[213]

[Footnote 213: Prior documents. Minot.]

[Sidenote: It is prorogued.]

Not long after the passage of these resolutions, the house explicitly

refused to make the provision required by the mutiny act for the

troops stationed in Massachusetts; upon which, the legislature was

prorogued until the first of January.[214]

[Footnote 214: Minot.]

The committees, appointed to examine the cargoes of vessels arriving

from Great Britain, continued to execute the trust reposed in them.

Votes of censure were passed on such as refused to concur in the

association, or violated its principles; and the names of the

offenders were published, as enemies to their country. In some cases,

the goods imported in contravention of it, were locked up in

warehouses; and, in some few instances, they were re-shipped to Great

Britain.

[Sidenote: Administration resolved on a partial repeal of duties.]

Not long after the strong resolutions already noticed had been agreed

to by parliament, while their effect was unfolding itself in every

part of the American continent, an important revolution took place in

the British cabinet. The duke of Grafton was placed at the head of a

new administration. He supported, with great earnestness, a

proposition to repeal the duties imposed for the purpose of raising

revenue in the colonies; but his whole influence was insufficient to

carry this measure completely. It was deemed indispensable to the

maintenance of the legislative supremacy of Great Britain, to retain

the duty on some one article; and that on tea was reserved while the

others were relinquished.

Seldom has a wise nation adopted a more ill judged measure than this.

The contest with America was plainly a contest of principle, and had

been conducted entirely on principle by both parties. The amount of

taxes proposed to be raised was too inconsiderable to interest the

people of either country. But the principle was, in the opinion of

both, of the utmost magnitude. The measure now proposed, while it

encouraged the colonists to hope that their cause was gaining strength

in Britain, had no tendency to conciliate them.

[Sidenote: Circular letter of the earl of Hillsborough.]

In pursuance of this resolution of the cabinet, a circular letter was

written by the earl of Hillsborough to the several governors,

informing them "that it was the intention of his majesty's ministers

to propose, in the next session of parliament, taking off the duties

on glass, paper, and painter's colours, in consideration of such

duties having been laid contrary to the true spirit of commerce; and

assuring them that, at no time, had they entertained the design to

propose to parliament to lay any further taxes on America for the

purpose of raising a revenue."[215]

[Footnote 215: Prior documents.]

This measure was soon communicated in letters from private individuals

in England to their correspondents in Massachusetts. The merchants of

Boston, apprehensive that an improper opinion concerning its operation

might be formed, resolved that the partial repeal of the duties did

not remove the difficulties under which their trade laboured, and was

only calculated to relieve the manufacturers of Great Britain; and

that they would still adhere to their non-importation agreement.[216]

[Footnote 216: Minot.]

The communication of the earl of Hillsborough to the several

governors, was laid before the respective assemblies as they convened,

in terms implying an intention to renounce the imposition, in future,

of any taxes in America. But this communication seems not to have

restored perfect content in any of the colonies.

The Virginia legislature was in session on its arrival, and governor

Botetourt laid it before them. Their dissatisfaction with it was

manifested by a petition to the King re-asserting the rights

previously maintained; and by an association, signed by the members as

individuals, renewing their non-importation agreement, until the duty

on tea should be repealed.[217]

[Footnote 217: Gazette.]

Yet several causes combined to prevent a rigid observance of these

associations. The sacrifice of interest made by the merchants could be

continued only under the influence of powerful motives. Suspicions

were entertained of each other in the same towns; and committees to

superintend the conduct of importers were charged with gross

partiality. The different towns too watched each other with

considerable jealousy; and accusations were reciprocally made of

infractions of the association to a great extent. Letters were

published purporting to be from England, stating that large orders for

goods had been received; and the inconvenience resulting from even a

partial interruption of commerce, and from the want of those

manufactures which the inhabitants had been accustomed to use, began

to be severely and extensively felt. In Rhode Island and Albany, it

was determined to import as usual, with the exception of such articles

as should be dutiable. On the remonstrances of other commercial

places, especially of Boston, these resolutions were changed; and the

hope was entertained that the general system on which the colonies

relied, would still be maintained.

[Sidenote: New York recedes in part from the non-importation

agreement.]

These hopes were blasted by New York. That city soon manifested a

disposition to import as usual, with the exception of those articles

only which were subject to a duty. At first, the resolution thus to

limit the operation of the non-importation agreement, was made to

depend on its being acceded to by Boston and Philadelphia. These towns

refused to depart from the association as originally formed, and

strenuously urged their brethren of New York to persevere with them in

the glorious struggle. This answer was communicated to the people, and

their opinion on the question of rescinding, or adhering to, was taken

in from their respective wards. This determination excited the most

lively chagrin in New England and Philadelphia. Their remonstrances

against it were, however, ineffectual; and the example was soon

followed throughout the colonies.[218]

[Footnote 218: Minot. Prior documents. Gazette.]

The people of New York alleged, in justification of themselves, that

the towns of New England had not observed their engagements fairly;

and that the merchants of Albany had been in the practice of receiving

goods from Quebec. But no sufficient evidence in support of these

assertions was ever produced.

{1770}

[Sidenote: March.]

[Sidenote: Riot in Boston.]

About this time a circumstance occurred, which produced the most

serious agitation. The two regiments stationed in Boston, to support,

as was said, the civil authority, and preserve the peace of the town,

were viewed by the inhabitants with very prejudiced eyes. Frequent

quarrels arose between them; and at length, an affray took place in

the night, near the gates of the barracks, which brought out captain

Preston, the officer of the day, with a part of the main guard,

between whom and the townsmen blows ensued; on which some of the

soldiers fired, and four of the people were killed.

The alarm bells were immediately rung, the drums beat to arms, and an

immense multitude assembled. Inflamed to madness by the view of the

dead bodies, they were with difficulty restrained from rushing on the

29th regiment, which was then drawn up under arms in King street. The

exertions of the lieutenant governor, who promised that the laws

should be enforced on the perpetrators of the act, and the efforts of

several respectable and popular individuals, prevented their

proceeding to extremities, and prevailed on them, after the regiment

had been marched to the barracks, to disperse without farther

mischief. Captain Preston, and the soldiers who had fired, were

committed to prison for trial. On the next day, upwards of four

thousand citizens of Boston assembled at Faneuil Hall; and, in a

message to the lieutenant governor, stated it to be "the unanimous

opinion of the meeting, that the inhabitants and soldiers can no

longer live together in safety; that nothing can rationally be

expected to restore the peace of the town, and prevent farther blood

and carnage, but the immediate removal of the troops; and they

therefore most fervently prayed his honour that his power and

influence might be exerted for their instant removal."

The lieutenant governor expressed his extreme sorrow at the melancholy

event which had occurred; and declared that he had taken measures to

have the affair inquired into, and justice done. That the military

were not under his command, but received their orders from the general

at New York, which orders it was not in his power to countermand.

That, on the application of the council for the removal of the troops,

colonel Dalrymple, their commanding officer, had engaged that the

twenty-ninth regiment, which had been concerned in the affair, should

be marched to the castle, and there placed in barracks until farther

orders should be received from the general; and that the main guard

should be removed, and the fourteenth regiment laid under such

restraints, that all occasions of future disturbance should be

prevented. This answer was voted to be unsatisfactory; and a committee

was deputed to wait on the lieutenant governor, and inform him that

nothing could content them but an immediate and total removal of the

troops.

This vote was laid before the council by Mr. Hutchinson, who had

succeeded Mr. Bernard in the government of the province. The council

declared themselves unanimously of opinion "that it was absolutely

necessary for his Majesty's service, the good order of the town, and

the peace of the province, that the troops should be immediately

removed out of the town of Boston."

This opinion and advice being communicated to colonel Dalrymple, he

gave his honour that measures should be immediately taken for the

removal of both regiments. Satisfied with this assurance, the meeting

secured the tranquillity of the town by appointing a strong military

watch, and immediately dissolved itself.

[Sidenote: Trial of captain Preston and the soldiers.]

This transaction was very differently related by the different

parties. Mr. Gordon, whose history was written when the resentments of

the moment had subsided, and who has collected the facts of the case

carefully, states it in such a manner as nearly, if not entirely, to

exculpate the soldiers. It appears that an attack upon them had been

pre-concerted; and that, after being long insulted with the grossest

language, they were repeatedly assaulted by the mob with balls of ice

and snow, and with sticks, before they were induced to fire. This

representation is strongly supported by the circumstances, that

captain Preston, after a long and public trial, was acquitted by a

Boston jury; and that six of the eight soldiers who were prosecuted,

were acquitted, and the remaining two found guilty of manslaughter

only. Mr. Quincy, and Mr. John Adams, two eminent lawyers, and

distinguished leaders of the patriotic party, defended the accused,

without sustaining any diminution of popularity. Yet this event was

very differently understood through the colonies. It was generally

believed to be a massacre, equally barbarous and unprovoked; and it

increased the detestation in which the soldiers were universally held.

The Life of George Washington, Vol. 1 Commander in Chief of the American Forces During the War which Established the Independence of his Country and First President of the United States · 第 13 / 15 章