_Roxbury, April 14, 1773._
Mr. _Samuel Adams’s_ name will occur frequently in the course of our
correspondence; be it noted, therefore, that the first time of his being
returned for _Boston_, [Sept. 27, 1765] and serving as a representative,
was upon an election occasioned by the death of _Oxenbridge Thacher_,
esq. The deceased belonged to the band of patriots; but when he happened
to think differently from Mr. _Otis_, jun. in the house of assembly, the
latter treated him in so overbearing and indecent a manner, that he was
obliged at times to call upon the speaker to interpose and protect him.
The state of affairs required a particular attention to the political
sentiments of the person who should be chosen. The inhabitants, in
fixing upon Mr. S. Adams, made choice of a member who was zealously
attached to the rights of the Massachusetts in particular, and the
colonies in general, and but little to his own personal interests. He
was well qualified to second Mr. Otis, and learned in time to serve his
own public views by the influence of the other. He was soon noticed by
the house, chosen and continued their clerk from year to year, by which
means he had the custody of their papers, and of these he knew how to
make an advantage for political purposes. He was frequently upon
important committees, and acquired great ascendency by discovering a
readiness to acquiesce in the proposals and amendments of others, while
the end aimed at by them, did not eventually frustrate his leading
designs. He showed a pliableness and complaisance in these smaller
matters, which enabled him in the issue to carry those of much greater
consequence; and there were many favorite points which the sons of
liberty in the _Massachusetts_ meant to carry, even though the stamp act
should be repealed.
[1766.] Mr. _Pitt_’s declaration against the parliament’s right to
impose _internal taxes_, and his saying _I am glad America has
resisted_, were seized with eagerness by the popular leaders in the
colonies. They praised and idolized him for the same, without regarding
what he had declared in favor of the authority of parliament in all
cases of _external taxation_, and for enforcing all laws for that
purpose; and notwithstanding his having said, “If obedience be refused,
I would not suffer a horse-nail to be made in the plantations.” Their
spirits were elated, and they took encouragement from his declaration,
to fortify themselves in their own sentiments upon American liberty.
It is impossible to express or describe the extraordinary joy with which
the body of the Americans received the news of the repeal, though the
power of the vice-admiralty courts remained unabridged, and the
declaratory act was added. The latter was considered by some, as passed
merely to save appearances, while contemned by others, whose wisdom
would have been more evident had they repressed their contempt, whatever
was their opinion. In regard to the former, “the judges of the
vice-admiralty courts in the colonies, had assigned them, by acts of
parliament, a jurisdiction for the recovery of penalties upon the laws
of revenue and trade, without juries for near a century past.”[92] Had a
prudent and moderate temper taken possession of all parties at this
period, it had been happy: but they were so much heated in some
colonies, as to be determined upon opposing each other.
When the choice of members for _Boston_, to represent the town in the
next general court, was approaching, Mr. _John Rowe_, a merchant, who
had been active on the side of liberty in matters of trade, was thought
of by some influential persons. Mr. _Samuel Adams_ artfully nominated a
different one, by asking with his eyes looking to Mr. _Hancock_’s house,
“Is there not another _John_ that may do better?” The hint took. Mr.
_John Hancock_’s uncle was dead, and had left him a very considerable
fortune. Mr. _Samuel Adams_ judged that the fortune would give credit
and support to the cause of liberty; that popularity would please the
possessor; and that he might be easily secured by prudent management,
and might make a conspicuous figure in the band of patriots.
Messrs. _James Otis_, jun. _Thomas Cushing_, _Samuel Adams_, and _John
Hancock_ (who had never been of the house before) were returned for
_Boston_. The town of _Plymouth_ made choice also of a new
representative, the high sheriff of the county, _James Warren_, esq. a
gentleman of real abilities, and who espoused the side of liberty upon
principle. The government wished to have him upon their side, and played
off both threats and promises; however he was immoveable.
[May 28.] The general court met according to charter. The house of
assembly chose Mr. _Otis_ speaker. Governor _Bernard_ negatived, instead
of adopting the conciliating measure of accepting him. The acceptance
might have softened and induced him to have dropped the plan of leaving
out of the council, in the new election, the crown officers and justices
of the superior court; but the refusal confirmed him in it, and by
irritating the house, enabled him to execute it the more easily. The
crown officers were, the lieutenant governor and secretary, Messrs.
_Hutchinson_ and _Oliver_; the others held only provincial commissions.
The opposition assigned as the reason for leaving them out, that they
might redress a grievance long complained of by their constituents, a
dangerous union of legislative and executive powers in the same persons.
But the true ones probably were, the suspicions and dislike they
entertained of and to their political sentiments, and Mr. _Otis_’s
having been negatived. Mr. _Bernard_ retaliated, and excepted against
the six counsellors chosen in the room of the others. Thus the animosity
was increased. Had he negatived two or three only, there might have been
an opening for healing the breach; but now it was otherwise. The liberty
party gained strength, and it was ordered by the assembly [June 12.]
“That the debates of this house be open, and that a gallery be erected
for the accommodation of such as shall be inclined to attend them.” A
gallery was prepared with the utmost expedition, and finished in a few
days. It was viewed as a great acquisition to the common cause; and
certainly served a double purpose. The admission of the people at large
to hear the debates, and to watch the members, restrained some from
speaking with their usual freedom in support of governmental measures;
and encouraged others to indulge themselves in all that animated
language, and those solemn protestations of disinterested zeal for the
rights and privileges of their country, which are so taking with men of
honest minds and plain understandings. But you are not to suppose that
these protestations were always true on this side of the Atlantic any
more than on yours. Many joined the banners of liberty, and violently
opposed the governor and governmental measures, because of the
restraints they were under from the laws of trade, the danger they were
in of suffering by them, and his persisting to give these laws all the
support in his power. The opposition had great advantage in the
political contest, by branding all the supporters of government as
friends to the stamp act, though they knew to the contrary. Both sides
were sensible that the act was merely financial, without any regard to
the political state of America, or any purpose to remove one of its
difficulties.
The house was unanimous in voting, that thanks should be returned to the
duke of _Grafton_ and other noblemen, to Mr. _Pitt_ and other gentlemen,
who had been active and aiding in the repeal of the stamp act. However,
when his majesty’s recommendation to make up the losses of the sufferers
in the late unhappy times, came before them from the governor, with
these words, “The justice and humanity of this requisition is so
forcible that it cannot be controverted; the authority with which it is
introduced, should preclude all disputation about complying with it;”
they objected to the manner in which it was proposed, as being
“derogatory to the honor of the house, and in breach of the privileges
thereof,” and unreasonably declined making compensation; whereas their
privileges might have been preserved uninjured, by a vote to relieve the
sufferers on their own application, out of dutiful respect to the mild
representation of his majesty, and out of humanity and generosity to the
sufferers.
When a compensation was first talked of, it was the general opinion that
it ought to be made, but that it was due from Boston only, and not the
province in general. This thought probably determined the Boston members
to oppose making the compensation even out of the treasury; a way in
which it might have been done, had they and their friends joined the
friends of government. But had the money been ordered out of the
treasury, a subsequent motion might have charged it upon Boston, which
as the tax bill was to be past at that time, would have been easily
effected. The interest of the town induced its members to employ every
circumstance to prevent the compensation’s being voted at present. After
a while repeated advices were received, that the honor of parliament was
engaged to see the compensation made, and that they would certainly take
it in hand, if the provincial assembly refused. It was obvious that the
parliament could enforce payment from a sea port. The people of Boston
grew uneasy that the money was not paid. A town-meeting was called; the
above mentioned expedient was proposed and approved of, and their
representatives were directed to use their influence that compensation
might be granted upon those principles, and the money be paid out of the
treasury.
[Sept.] Mr. _Hutchinson_ and the other sufferers petitioned for
relief.[93] Their petitions were considered; and on the question being
put, “Whether shall compensation be made out of the province treasury?”
it passed in the negative. A bill, however, was finally admitted for
making compensation, which was to be transmitted to the several towns,
for the sentiments of the constituents.
[Dec. 5.] It passed to be engrossed, yeas 53, nays 35; but not without
the house’s resolving, “That it is under a full persuasion that the
sufferers have no just claim or demand on the province.” A needless
resolve, tending to excite disgust in many, without answering any
important purpose. The act granted compensation to the sufferers; and a
free and general pardon, indemnity, and oblivion to the offenders in the
late times. It was disallowed at home, on account of the assembly’s
having incorporated an act of pardon with an act of compensation,
without having obtained his majesty’s previous consent to such an act of
pardon. The sufferers, however, received the compensation, and the
offenders were not prosecuted.
[Nov. 7.] In _Virginia_ a bill passed the house of burgesses, for
erecting a statue to his majesty, as an acknowledgment for repealing the
stamp act, and also an obelisk to commemorate those worthy patriots who
distinguished themselves in bringing about that happy event. And at
_New-York_ [Dec.] an act was passed for making restitution to the
several persons therein named, for losses sustained in the late
commotions. But when the assembly was applied to for carrying into
execution the act of parliament of the preceding year, for quartering
his majesty’s troops, they said in their address to the governor, Sir
_Henry Moore_, “According to the construction put on it here, it is
required that all the forces which shall at any time enter this colony,
shall be quartered during the whole year in a very unusual and expensive
manner; by marching several regiments into this colony, this expence
would become ruinous and insupportable; and therefore we cannot,
consistent with our duty to our constituents, put it in the power of any
person (whatsoever confidence we may have of his prudence and integrity)
to lay such a burden on them,” and so justified their declining to
provide for the troops.
Before closing the account of 1766, be it observed, that the people of
_Connecticut_ failed not to show their resentment against their late
governor’s having qualified, agreeable to what the stamp act enjoined.
There was a meeting of gentlemen at _Hartford_, for concerting a plan
for the choice of a new governor and counsellors, in the room of those,
who with him had taken the oath required. Matters were so managed at
this meeting, that when the election came on, Mr. _Petkin_ was chosen
governor, and colonel _Trumbull_ deputy governor. But the episcopalians,
almost to a man, voted for Mr. _Fitch_; and by thus making a party with
administration against the claims and rights of their colony, rendered
themselves obnoxious.
[Jan. 31, 1767.] The _Massachusetts_ house of assembly continued their
opposition to the lieutenant governor Mr. _Hutchinson_, and resolved,
“That he not being elected a counsellor, has by the charter, no right to
a seat at the council board, with or without a voice, while the
commander in chief is in the province.” March the fifth the council
determined the same; but in their message to the house, expressed their
surprise at what had been done without them, and at its not being
mentioned to the board till February the twenty-fourth. Mr. _Hutchinson_
afterward did not attempt to be present. Lord Shelburne, in answer to
what was transmitted to him by the governor upon the affair, wrote in
September, “the admission of the lieutenant governor, lies after all in
the breast of the council only, as being the proper judges of their own
privileges, and as having a right to determine whom they will admit to
be present at their deliberations.” These proceedings of the
_Massachusetts_ and _New-York_ assemblies, thought to be, in name at
least, two of the most considerable in the colonies, were ascribed to an
unreasonable perverseness of temper; and exasperated the friends of
America by exposing them, however unjustly, to the imputation of
sacrificing the interests of Great-Britain to those of America. They
also encouraged the anti-Americans to resume the plan of taxing the
colonies; and Mr. _Charles Townsend_ pawned his credit to them for
effecting it, and became chancellor of the exchequer. But three of the
ministry opposed in the council taxing the Americans afresh, and it
would have been a blessing had their opinion prevailed.
[May 13.] The chancellor of the exchequer moved for leave to bring in
bills for granting a duty upon paper, glass, painters colours, &c. in
the British American colonies; for settling salaries on the governors,
judges, &c. in North-America; and for taking off the duty on teas
exported to America, and granting a duty of three-pence a pound on the
importation in America. Two bills were at length framed, the one for
granting duties in the British colonies in America, on paper, glass,
painters colours, tea, &c. the other for taking off the duty of a
shilling a pound on all black and singlo tea, and for granting a
drawback on teas exported to Ireland and America. The first received the
royal assent June the twenty-ninth; the last July the second. The
preamble to the first act expresses, that the duties are laid “for the
better support of government, and the administration of the colonies.”
The colonists deemed it unnecessary, unjust, and dangerous to their most
important rights. There is a clause in it enabling the crown, by sign
manual to establish _a general civil list_ throughout every province in
_North-America_, to any indefinite extent, with any salaries, pensions,
or appointments, to any unlimited amount, even to the produce of the
last farthing of the American revenue. The point was now carried, which
had been the object of every minister since the reign of Charles II.
viz. _the establishment of a civil list in America, independent of the
assemblies_. Mr. _Richard Jackson_ spoke in the house of commons against
that part of the bill, and was supported only by Mr. _Huske_, and no
other member. He was convinced, that though the judges ought to be
independent both of crown and people, yet mischiefs might arise from the
independency of governors on the people, much greater than could arise
from their dependence; and that it was not fit that such persons as
governors usually are, should be independent of the people, and
dependent upon the crown for their governments. The act provides, that
after all such ministerial warrants under the sign manual, as are
_thought proper and necessary_, shall be satisfied, the residue of the
revenue shall be at the disposal of the parliament. But who can suppose
that such warrants will ever be satisfied till ministers have provided
for all their friends and favorites? May it not be said upon the plan of
this act, “the mockery of an American revenue proves at last to be the
crumbs that fall from the minister’s table—the residue, indeed, of a
royal warrant, countersigned by the first lord of the treasury.”[94]
An account being received of _New-York_’s having refused to provide for
quartering the troops, Mr. _Grenville_ and his adherents raised such a
clamor against America, that it was thought necessary to bring in a bill
[May 27.] “for restraining the assembly of _New-York_ from passing any
act till they had complied with the act of parliament for the furnishing
his majesty’s troops with the necessaries required by that act;” and it
had the royal assent the second of July. The taking away in this manner
from the province of _New-York_ all the powers of legislation, till they
should comply with the former act, occasioned a general alarm among the
Americans. They now saw that their own colonial parliaments, as they
considered them, were to be bound to what the British ministry might
deem their good behavior, by the acts of a British parliament. Nothing
could be more grating to the sons of liberty in every province. It was
the club of power, which, while it knocked down the _New-York_ assembly,
threatened every other with the like, if not pliable.
A plan of a board of commissioners for the American department, in order
to ease the old board of commissioners of part of its burden through
increasing business, had been in contemplation. It was intended to be
placed in London, in order to be near the treasury, the ultimatum of
revenue matters. Mr. _Paxton_, thought to be the most plausible and
insinuating of mankind though not the most sincere, having left Boston
and gone to Britain, had free access to the chancellor of the exchequer,
Mr. _Charles Townsend_. It is said that he whined, cried, professed,
swore, and made his will in favor of that great man; and then urged the
necessity of an _American board of commissioners_, and his having a seat
at it. He might forward the business. Be that as it may, the chancellor
brought in a bill [June 3.] for establishing a custom-house and a board
of commissioners in America, which also passed into an act at the same
time with the former. Mr. Paxton, for his own convenience and pleasure,
might procure the fixing the board at Boston; but of all places it was
the most improper. The people were, of all others, the most jealous of
infringements on their liberties; and were the least suited to see crown
officers living among them in great state, upon what they could not but
deem, from the mediocrity of their own circumstances, large salaries,
payable from the revenue to be raised from the colonies. The board
should have been placed at _New-York_. Smuggling was as prevalent there
as at Boston. The inhabitants had been long used to crown officers with
splendid appearances; the commanders of his majesty’s troops resided
much among them; numbers of them lived in a higher stile than the
Bostonians; beside, there the commissioners would have had forces at
hand to have supported them, and have met with greater assistance from
the servants of a royal government and their connections. The timing
also as well as the placing of the board, was rather unfortunate; for it
supplied the Americans with the opportunity of propagating that it was
appointed merely to enforce the new duties. By this means the people
were inflamed, and the appointment was pronounced unconstitutional and
oppressive. The duties were to take place after the twentieth of
November; and in the beginning of that month, three of the
commissioners, _Henry Hulton_, _William Burch_, and _Charles Paxton_,
esqs. arrived at Boston; the other two, _John Temple_ and _John
Robinson_, esqs. were in America before. As to the expence of the board
of customs, including the whole, it was a thousand pounds less than that
of the four surveyors general, and the office connected with them at
London. The chancellor had been instrumental in reviving those American
animosities which the repeal of the stamp act had quieted; but did not
live to see the fatal consequences which have followed, as he died the
fourth of September.
[Oct. 28.] A few gentlemen at a private club in _Boston_, having
suggested a non-importation agreement, the thought was improved upon,
till at length the inhabitants, at a town meeting, agreed upon measures
to promote industry, œconomy, and manufactures; thereby to prevent the
unnecessary importation of _European_ commodities. They also voted, that
a subscription paper should be prepared, and a committee appointed to
procure subscriptions to it; by which the parties engaged to encourage
the use and consumption of all articles manufactured in any of the
British American colonies; and after the thirty-first of December
following, not to purchase certain enumerated articles imported from
abroad.
The failure of expected success from these measures, and an apprehension
of disagreeable consequences from an ineffectual opposition, were
probably the motives that induced Mr. _Otis_ at a subsequent
town-meeting [Nov. 20.] to make a long speech on the side of government,
wherein he asserted the king’s right to appoint officers of the customs,
in which number and by what denomination he pleased; and that as to the
new duties, it would be very imprudent in the town to make an opposition
to them, when every town in the province, and every other province in
America seemed to acquiesce in them and be contented. But the proposed
measures were afterward approved of and adopted _Providence_ and
_Newport_.
[Jan. 1768.] The _Connecticut_ towns and _New-York_ followed the
exemple. Still the business laboured without being productive of any
important effects. This engaged the attention of one captain Malcolm, a
small trader, who about eighteen months before had made himself famous
by a violent and successful resistance with sword and pistol to the
custom-house officers, when endeavouring to search his house for
uncustomed goods, under the authority of a writ of assistance. Having,
about the middle of February, safely run the cargo of a schooner from
Fyall, consisting of about sixty pipes of wine, he, within two or three
days, procured a meeting of some merchants and traders at which he
presided. Nothing was determined upon more, than the calling of a
general meeting of the merchants on Friday, March the fourth. This may
be stiled the first movement of the merchants against the new acts of
parliament. The result of this meeting was, that a subscription for not
importing any English goods, except for the fishery, for eighteen
months, should be prepared and carried round the town. It met with no
great encouragement, and many declined subscribing. On this all engines
were set to work; some were threatened and made afraid for their person
and houses; others for their trade and credit.—By such means the
subscription was filled. But the merchants of New-York and Philadelphia
declined to concur in the measure, those of Boston were obliged to give
it up for the present. However, they renewed it within a few months, as
you will learn below.
The _New-England_ spirit of patriotism and œconomy was greatly approved
of at _Philadelphia_: and it was said, that “If America is saved from
its impending danger, New-England will be its acknowledged guardian.”
Periodical pieces were published at Boston on the nature and extent of
British parliamentary power. Hints were thrown out about independency,
and intimations given, that freemen were not to be governed any more
than taxed but by their own consent, in real or virtual representatives.
The power of British legislation over the Americans was questioned, and
virtually denied. Matters were brought to this length, by broaching a
new dispute that should never have been moved again; and which might
happily have lain dorment for half a century or more had no fresh
attempt been made to tax the Americans. Before the stamp act they
allowed the mother country a certain prerogative over them. They
acquiesced in the parliament’s right to make many acts, binding them in
divers internal matters, and regulating their trade. They did not reason
neither then nor immediately after the repeal, “if the parliament has no
right to tax us _internally_, they have none to tax us _externally_, or
to make any other law to bind us.” They admitted the distinction between
internal and external taxation, and between raising money from the
regulation of trade, and raising it for the purpose of a revenue. The
wisdom of parliament should have abode by their concessions, and have
adopted and confirmed their distinction. But being obliged to enter
afresh the field of political controversy, great numbers began to think,
that the want of representation in parliament, freed them absolutely
from any obedience to the power of the British legislature; and that
there was no real, and only a nominal difference between internal and
external taxation, agreeable to what was insisted upon by the party
opposing the repeal of the stamp act. _John Dickinson_, esq. began so
early as in November, 1767, to employ his pen against the act which had
been passed, in a series of _Letters from a farmer in Pennsylvania to
the inhabitants of the British Colonies_. They amounted to twelve; and
in them he ably maintained the rights of the colonists. He closed with a
postscript in these words: “Is there not the greatest reason to hope, if
the universal sense of these colonies is immediately exprest by
_resolves_ of the assembles in support of their rights, by
_instructions_ to their agents on the subject, and by _petitions_ to the
crown and parliament for redress, that those measures will have the same
success now that they had in the time of the stamp act?” The inhabitants
of Boston were so sensible of the eminent service he did to the common
cause, that they wrote to him upon the occasion. It his answer, April
the eleventh, he said, “Never will my heart become insensible till
insensible of all worldly things, of the unspeakable obligation I owe to
the inhabitants of the _Massachusetts Bay_, for the vigilance with which
they have watched over, and the magnanimity with which they have
maintained the liberties of the _British colonies_ on this continent.”
It was probably owing to Mr. _Dickinson’s_ publications, that the
_Pennsylvania_ assembly, early in February, before they knew what
measure the _Massachusetts Bay_, or any other colony, would pursue, took
into consideration the act imposing duties on paper, glass, &c. and gave
positive instructions to their agents, to unite with other agents, in
applying to parliament and praying relief.
It may be justly concluded, from governor _Bernard’s_ letters to lord
Shelburne, that the Massachusetts assembly were inclined to bury in
oblivion the discords occasioned by the stamp act, and to escape other
subjects of future controversy, had not the late chancellor unhappily
revived the animosities. “The house, (says the governor) from the time
of opening the session to this day, has shown a disposition to avoid all
dispute with me; every thing having passed with as much good humor as I
could desire, except only their continuing to act in addressing the
king, remonstrating to the secretary of state, and employing a separate
agent. It is the importance of this innovation which induces me to make
this remonstrance, at a time when I have a fair prospect of having in
all other business, nothing but good to say of the proceedings of the
house.”[95]
“They have acted in all thing, even in their remonstrance, with temper
and moderation: they have avoided some subjects of dispute, and have
laid a foundation for removing some causes of former altercation.”[96]
“I will make such a prudent and proper use of the letter, as, I hope,
will perfectly restore the peace and tranquility of this province, for
which purpose considerable steps have been made by the house of
representatives.”[97]
[Jan. 21.] The _Massachusetts_ house of representatives, in a debate
upon the expediency of writing to the assemblies of the other colonies
upon the continent, with respect to the importance of joining with
them,” put a question on the proposition of writing letters, desiring
those assemblies to join them, which was negatived for this very reason,
because containing the proposition of joining. The house thought
exceptions might be taken at it, as having a tendency to from
combinations; and that it might be considered at home as the appointing
another congress. It is an excellent rule of the house, that no vote
shall be re-considered, unless the number of members present equals the
number at its passing. When they had the same number, eithty-two, which
makes a full house, a motion was made [Feb. 4.] for re-considering the
vote against applying to the other colonies; and the vote of
re-consideration was obtained by a large majority. The same day a
committee was appointed to prepare a letter to be transmitted to the
several houses of representatives and burgesses upon the continent, to
inform them of the measures the house had taken with regard to
difficulties they were apprehensive would arise from the operation of
several acts of parliament for levying duties and taxes on the American
colonies. The committee after deliberating a week, reported the letter,
[Feb 11.] which being read in the house, was accepted almost
unanimously, in the presence of eighty-three members. It began thus:
“Sir, the house of representatives of this province have taken into
their serious consideration the great difficulties that must accrue to
themselves and their constituents, by the operation of several acts of
parliament imposing duties and taxes on the American colonies.” It then
related the measures they had taken in petitioning the king, making
representations to the ministry, &c. and concluded with, “the house is
fully satisfied that your assembly is too generous and enlarged in
sentiment, to believe that this letter proceeds from an ambition of
taking the lead or dictating to the other assemblies. They freely submit
their opinion to the judgment of others, and shall take it kind in your
house to point out to them any thing further that may be though
necessary. This house cannot conclude without expressing their firm
confidence in the king, our common head and father, that the united and
dutiful supplications of his distressed American subjects will meet with
his royal and favorable acceptance.”
[Feb. 25.] _Peter Gilman_, esq. speaker of the _New-Hampshire_ assembly
wrote by order of the house, in answer to the Massachusetts circular
letter—“The sentiments contained in it are highly approved, and the
communication kindly received and gratefully acknowledged. The time of
the house’s existance in that relation is near expiring; they cannot
engage for their successors and can only express their satisfaction in
the Massachusetts proceedings, and declare their hopes, that the next
assembly will heartily concur in sentiments on this affair, and pursue
the same method.” The letter ran in the highest recommendatory strain of
the Massachusetts Bay assembly; and concluded with, “What remains for us
at present, is to offer our daily prayer to the Governor and Lord of the
universe, to avert the impending evil, and to make way for the full
establishment of British liberty in every branch of it, and to quiet
every colony in the enjoyment of all their civil and religious rights
and privileges.” For these courtly expressions, with which the house
declined doing any thing in the business, the next assembly was rewarded
with courtly commendations. The governor, _John Wentworth_, esq. in a
message of October the twentieth, communicated the copy of the following
extract of a letter from Lord _Hillsborough_, of July the ninth: “It is
his majesty’s pleasure that you should assure his faithful subjects in
_New-Hampshire_, that his majesty has nothing more at heart than to
promote their welfare and happiness, whose cheerful obedience to the
laws of this kingdom, and steady resolution in refusing to accede to the
measures and proposals which have been urged with so much indecent
warmth in other colonies, cannot fail to recommend them to his royal
favour and countenance.” The assembly, however, nine days after,
petitioned the king, and mentioned that his royal predecessors granted
them a power of legislation, limited to the approbation or disallowance
of the crown, with the powers and privileges essential to British
liberty, of raising internal taxes by their own representatives. The
petition was most profoundly humble, and so softly worded, that it could
not offend the most delicate ear of the highest parliamentary
prerogative man. By some accident or contrivance, it was not sent till
antiquated and out of season. Mr. _Wentworth_ had gained an ascendency
over the people of his government, by which he kept them from entering
into such spirited measures for the redress of grievances as would be
offensive to ministry. The other colonies adopted a different line of
conduct. The _Virginia_ house of burgesses applauded the _Massachusetts_
representatives for their attention to American liberty; took notice of
the act suspending the legislative powers of _New-York_; and said, “If
the parliament can compel the colonies 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 to the pay of the
officers and soldiers, a doctrine replete with every mischief, and
utterly subversive of all that is dear and valuable.” The council
concurred with them in all their proceedings; and their agent was
enjoined to consult the agents of the other colonies, and to co-operate
with them in applying for redress. Most of the assemblies upon the
continent, as they had opportunity, approved of the doings of the
Massachusetts, and harmonized with them in resolves and petitions.
[April 22.] But an account of their doings had not reached Great-Britain
long, before lord _Hillsborough_ wrote Gov. _Bernard_ upon the occasion.
For want of fuller and juster information, or of due attention to the
governor’s expressions, the proceeding which originated the circular
letter, was mentioned—“as unfair, contrary to the real sense of the
assembly, and procured by surprise; and therefore” upon this mistaken
principle, the governor was instructed, “so soon as the general court is
again assembled, to require of the house of representatives, in his
majesty’s name, to rescind the resolution which gave birth to the
circular letter from the speaker, and to declare their disapprobation
of, and dissent to that rash and hasty proceeding.” In case they refused
to comply, he was immediately to dissolve them, and to transmit to his
lordship an account of their transactions. [June 21.] The house was
informed of what was required; and three days after, of what they were
to expect if unpliable. Their resolution not being returned within six
days of the last part of the information, the governor sent them word he
could wait no longer, which hastened the business in which they were
engaged.
[30.] A committee of the house reported a letter to Lord _Hillsborough_,
setting forth the several votes and resolutions which passed in the last
house of representatives, relating to the circular letter; and showing
that the whole of these matters was transacted in the height of the
cession in a full house, and by a large majority. The letter was
approved of by 93 out of 105 members present, and ordered to be
transmitted to his lordship. The house agreed also upon a message to the
governor, in which they said, “It is to us incomprehensible that we
should be required, on the peril of a dissolution of the general court,
to rescind a resolution of a former house, when it is evident, that that
resolution has no existence but as a mere historical fact. Your
excellency must know, that the resolution is, to speak in the language
of the common law, not now executory, but to all intents and purposes
executed. If, as is most probable, by the word rescinding is intended
the passing a vote, in direct and express disapprobation of the measure
taken by the former house as illegal, inflammatory, and tending to
promote unjustifiable combinations against his majesty’s peace, crown
and dignity, we must take the liberty to testify and publicly declare,
that we take it to be the native, inherent, and indefeasible right of
the subject, jointly or severally, to petition the king for the redress
of grievances; provided alway, that the same be done in a decent,
dutiful, loyal and constitutional way, without tumult, disorder and
confusion.—If the votes of the house are to be controuled by the
direction of a minister, we have left us but a vain semblance of
liberty.—We have now only to inform you, that this house have voted _not
to rescind_, and that on a division on the question, there were
ninety-two nays, and seventeen yeas.” The message was firm, patriotic,
and spirited; and in some parts allusively severe upon the governor, but
every where decently expressed. The rescinders were governmental
receivers or expectants. They had, or looked for a reward for their
crouching compliance. The next day [July 1.] the governor passed some
necessary acts, and then dissolved the assembly. It is scarce
conceivable how a new assembly of representatives could think themselves
capable of being more grossly insulted, than by being made accountable
for the proceedings of a dissolved and dead one, and by being punished
with immediate destruction for not declaring themselves of opposite
sentiments to their predecessors. Mr. _Otis_, in his speech against
rescinding, said, “When Lord Hillsborough knows that we will not rescind
our acts, he should apply to parliament to rescind theirs. _Let Britain
rescind their measures or they are lost for ever._” His speech, by the
patriotic enthusiasts was extolled to the skies; and by the governmental
ones, was declared to be the most violent, insolent, abusive,
treasonable declamation, that perhaps ever was delivered. While the
matter of rescinding was under consideration, the house received an
answer from _Virginia_, and one from _New-Jersey_, which, though not so
very high as the other, was far from being unfavorable. They had also
intelligence that they might expect the like from other assemblies:
these circumstances probably increased the majority against rescinding.
Had it not been for the mandate to rescind, the sessions might have
terminated prosperously and peaceably; for Mr. _Otis_, though he had
distinguished himself by carrying the objections to the authority of
parliament to the greatest length, had retracted all his former
opinions, in a set speech at the opening of it. He said, he had fully
informed himself of the relation between Great-Britain and her colonies;
and was convinced that the power of parliament over her colonies was
absolute, with this qualification, that they ought not to tax them until
they allowed them to send representatives; and that if the colonies had
representatives, the power of parliament would be as perfect in America
as in England. He then argued for an American representation. This
surprised the assembly, and induced a member on the side of government
to charge the opposition with the intention of making an American
representation necessary, by denying the authority of parliament over
them because not represented. The answers of the other party were
thought to strengthen the suspicion. Upon which Mr. Timothy Ruggles
pointedly said, that as they were determined to have representatives, he
begged leave to recommend to them a merchant who would undertake to
carry their representatives to England for half what they would sell for
when they arrived there. But the best argument to have silenced any of
the opposition, who might interestedly hanker after an American
representation, would have been to have repeated the resolve of the
house on the 29th of October, 1765—“A representation in parliament of
the inhabitants of the province, such as the subjects in Britain
actually enjoy, is impracticable for the subjects in America.” The day
before lord _Hillsborough_ wrote to Mr. _Bernard_ upon the business of
rescinding, a circular letter was written to the governors of the
respective provinces, to accompany a copy of that of the
_Massachusetts_, in which his lordship said, “It is his majesty’s
pleasure, that you should immediately, on the receipt hereof, exert your
utmost influence to defeat this flagitious attempt to disturb the public
peace, by prevailing upon the assembly of your province to take no
notice of it, which will be treating it with the contempt it deserves.”
He then added a closing paragraph meant to influence the assemblies into
a compliance. The circular letter was in some instances received in
time, but produced a very different effect from what was intended. The
_New-York_ assembly had felt the weight of the parliament’s high
displeasure, and been bereaved of legislative power till they should
comply with the billeting act. In the beginning of the year they voted
the sum wanted to the general, for the purchase of salt, pepper and
vinegar, instead of passing an act conformable to the parliament’s act,
which vote was accepted. But when they met at the close of the year,
after having completed a petition to his majesty, another to the lords,
and a remonstrance to the commons, they proceeded to consider the
circular letters from the assemblies of _Massachusetts-Bay_ and
_Virginia_, and unanimously agreed to answer them in the most respectful
manner. They then entered into some very spirited resolves in favor of
liberty, and the rights of their constituents; and appointed a committee
to correspond and consult with any other his majesty’s subjects out of
the colony, either individually or collectively, on any matter or thing
whatsoever, whereby the rights or privileges of the house or its
constituents might be affected. These doings occasioned their being
dissolved.
We are now entering upon another interesting period.
It had been the common practice for the tide-waiter, upon the arrival of
a vessel, to repair to the cabin, and there to remain, drinking punch
with the master, while the sailors and others upon deck were employed in
landing the wines, molasses, or other dutiable goods. The commissioners
of the customs were determined that the laws of trade should be
executed.
Upon the arrival of Mr. _Hancock_’s sloop _Liberty_, _Nathaniel
Bernard_, master, from _Madeira_, the tidesman, _Thomas Kirk_, went on
board in the afternoon. Captain _Marshall_, in Mr. _Hancock_’s employ,
followed; and about nine in the evening, made several proposals to
_Kirk_, which being rejected, captain _Marshall_, with five or six
others, laid hold of, overpowered, and confined him below for three
hours, in which time the wine was taken out, before entry had been made
at the custom-house or naval office. _Marshall_ threatened _Kirk_ in
case of discovery. The captain wrought so hard in unloading the sloop,
that his sudden death, that night, while in bed, before assistance could
be obtained, was generally believed to have been owing to some injury
received from his uncommon exertions. The next morning the master
entered, as it is said, four or five pipes, and swore that was the whole
of his cargo. It was resolved to seize the sloop for a false entry’s
being made; though it was thought by many that no one would undertake
the business.
[June 10.] Mr. _Joseph Harrison_, the collector, and Mr. _Benjamin
Hallowell_, the comptroller, repaired to Hancock’s wharf. Mr. _Harrison_
objected to the unseasonableness of the time, being between six and
seven, when the lower class of people were returning from their day
labour. The seizure however was made before sun-set, so as to be
perfectly legal. Mr. _Harrison_ thought the sloop might lie at the
wharf, after clapping the broad arrow upon her; but Mr. _Hallowell_
judged it would be best to move her under the guns of the _Romney_, and
made signal for her boats to come ashore. The people upon the wharf
cried out, “There is no occasion, she will lie safe, and no officer has
a right to remove her;” but the master of the man of war cut her
moorings and carried her off. Every mean was used to interrupt the
officers in the execution of their business, and numbers swore that they
would be revenged. A mob was soon collected, which increased to a
thousand or two, chiefly of sturdy boys and negroes. The minds of the
people were inflamed by the seizure and removal of the vessel. They had
been before irritated by the captain of the man of war’s pressing some
seamen belonging to the town; add to that; their aversion to the board
of commissioners, the popularity of the owner, and the name of the
sloop—these of course excited their resentments, and wrought them up
into a combustible body. Captain Malcolm, who was deeply engaged in
running the wines, headed a number of men after the seizure, and was
very active in attempting to prevent the sloop’s being removed. Mr.
_Harrison_ was pelted with stones, bricks, and dirt, and received
several blows with sticks, particularly one on the breast, so that it
was with difficulty he could keep from falling; he was afterward
confined to his bed from the injuries he had received. Mr. _Hallowell_,
Mr. _Irving_, inspector of imports and exports, and the collector’s son
were sharers in the treatment. They all escaped with the utmost hazard
of their lives. Mr. _Hallowell_ was confined to his house under the care
of a surgeon from wounds and bruises. Mr. _Richard Harrison_, the
collector’s son, was thrown down, dragged by the hair of his head, and
otherwise treated barbarously. Mr. _Irving_ was beaten with clubs and
sticks; had his sword broken to pieces, and received a few slight
wounds. The mob proceeded to the houses of the collector and
comptroller, broke their windows, and those of Mr. _Williams_, inspector
general, then dragged the collector’s boat through the town, and burnt
it on the common. This was on Friday evening. Saturday and Sunday
evenings are sacred; and the commissioners _Hulton_, _Burch_, _Paxton_
and _Robinson_, esqrs. remained pretty easy; during the outrages, to
avoid insults, they retired from their own to neighbours houses. But
receiving information that further riots were intended, and the governor
telling them he could not protect them, and that there would be no
safety for them in Boston, considering the temper of the people; on
Monday morning early, they sent a card to the governor, to let him know
that they were going on board the Romney, and desired his orders for
their reception at the castle, which he readily gave. They repaired
first on board the man of war, and then proceded from thence to the
castle. The collector and comptroller, and most of the other officers of
the customs withdrew, either then or afterward. [13.] On the Monday
morning large numbers of people were gathered together, and to
appearance regularly formed into parties, under their different leaders,
in several parts of the town. If they meant any thing against the
commissioners, they were disappointed by their having withdrawn. In the
afternoon printed tickets were put up, notifying a meeting of the sons
of liberty the next day at ten o’clock. This prevented all mischief in
the evening. [14.] At the appointed time, thousands of the lower class
met; but the day being rainy, numbers adjourned to Faneuil-hall, and
there agreed to send the constables about to notify a legal town meeting
for the afternoon. Little else was done at this meeting, but the
appointing a committee to wait upon the governor with a petition, the
receiving his answer, writing a letter to a friend, and voting such
instructions as they thought proper to their representatives. The common
talk was that the removal of the sloop was an affront to the town, as it
contained an insinuation, that she would not have been safe if left at
the wharf in custody of a custom-house officer. It was asserted, and
very truely, that there had been no rescue lately; but an invincible
reason existed for it, as no seizure had been lately made. When captain
Malcolm, more that a year and a half back, opposed in an armed manner,
the officers attempting to search his house, such a number of people
assembled about it, when he had got the officers out and shut his gates
against them, that they were glad to retreat without doing their
business. This defiance the of law passed unnoticed and unpunished, so
that the officers never afterward attempted to make a seizure, although
informations were not wanting, until the present time, when they were
ordered by their superiors. About a month after, a schooner was seized
for having thirty hogsheads of molasses on board, and was left at the
wharf in custody of two custom-house officers. July the eighth at night,
thirty men boarded her, confined the officers to the cabin, and carried
off the molasses. The town’s-people were dissatisfied that their
declarations concering the sloop Liberty, that she would have been safe
if left at the wharf, should be so soon falsified. The select men sent
for the master, and ordered him to return the molasses directly under
pain of the displeasure of the town. It was immediately done, and the
molasses put on board again, the day after it was conveyed away.
The day before the town meeting of June the fourteenth, a committee of
both houses was appointed to inquire into the state of the province.
When they made their report, [30.] in speaking of the affair on Friday
the tenth, they said, “The seizure occasioned a number of people to be
collected, who, from the violence and unprecedentedness of the procedure
in carrying off the vessel, _&c._ took occasion to insult and abuse the
officers, and to commit other disorders, _&c._—Resolved, that though the
extraordinary circumstances of said seizure may extenuate the
criminality, yet being of a very criminal nature, and of dangerous
consequence, the two houses delare their utter abhorrence and
detestation of them and resolve that the governor be desired to direct
the attorney-general to prosecute all persons concerned in the said
riot, and that a proclamation be issued, offering a reward for making
discovery, so as the rioters or abettors may be brought to condign
punishment.” Neither rioters not abettors had any thing to fear from
either proclamation or prosecution; and knew themselves to be perfectly
safe, notwithstanding the report; but the politicians saw it was
expedient to say something to save appearances, and well-meaning persons
might join them, in the simplicity of their hearts, believing that the
others intended their words should be productive of the events to which
they seemingly pointed. At the sitting of the superior court in August,
the grand jury was found to have among them several of the abettors of
the Boston rioters, and particularly the famous captain Malcolm, a
circumstance that necessarily quashed all informations and prosecutions,
as it strongly foreboded their issue.
The council in a letter to Lord _Hillsborough_ insinuated, that the
commissioners had concerted a plan, with the design of raising a
disturbance by the seizure of the sloop Liberty. The insinuation must be
placed to the ill will they bore to the commissioners, more than to any
thing beside. On the twenty-ninth of July, they said, “The commissioners
were not obliged to quit the town; there never had been any insult
offered to them; their quitting the town was a voluntary act of their
own; we do not apprehend there was any sufficient ground for their
quitting it.” But it appears from a manuscript in Mr. _Hutchinson_’s
hand writing, that the commissioners applied, December the nineteenth,
to each of the four judges of the superior court separately for their
opinions upon four questions; and that after having conferred together,
they were unanimously of opinion,
“That from the spirit which had been excited in the populace against all
the commissioners of the customs, Mr. _Temple_ excepted, they could not
have remained long in safety at Boston after the seizure of the sloop
Liberty, but would have been in great danger of violence to their
persons and properties from a mob, which, at that time, it was generally
expected would be raised for that purpose:
“That government was insufficient to restrain, suppress or punish the
several mobs, which had been assembled since the fourteenth of August,
1765; and that at the time of the commissioners retiring to the castle,
there was no probability that the same authority could have had any
greater force:
“That they could not have returned to town, and executed their
commission with safety, at any time after they withdrew, before the
arrival of his majesty’s troops:
“And that they knew of no better measure that they could have taken,
than retiring to Castle William.”
Mr. _Temple_ was excepted, for he was not obnoxious to the populace,
being averse to the establishment of the board of commissioners, which
lessoned both his salary and his power. He wished the dissolution of it
and to be restored to his former place of surveyor general of the
customs. Though the rest of the commissioners could not have returned to
have executed their commission with safety, they might most probably
have returned and been safe, had they declined executing the same, which
however was not to be expected. They continued at, but were not confined
to the castle. They rode adout the country at pleasure, without any
interuption from the people.
[June 15.] The commissioners wrote to general Gage, colonel Dalrymple,
and commodore Hood, desiring troops to support them in their office.
Whatever this application might contribute toward the sending of them,
yet it certainly did not give rise to it. Measures had been taken to
procure them long before. Mr. _Paxton_, when in London the preceding
year, told Mr. _Bollan_ repeatedly, that Mr. _Hutchinson_ and some other
of his friends were of opinion, that standing troops were necessary to
support the authority of the government at Boston; and that he was
authorised to inform him of this their opinion. Most probably he was
authorised to inform others also. Mr. _Bollan_ was against sending
troops, and when there was a talk of doing it, endeavoured to prevent
it, and freely related to a gentleman of considerable influence, what
some of the principal merchants said, that they who should send over the
standing troops, would certainly be cursed to all posterity.[98] But the
disposition of some to try the experiment was strengthened by a letter
from the commissioners to the lords of the treasury, received before the
riot happened; and rendered efficacious upon the arrival of governor
_Bernard_’s letters at the secretary’s office, especially that of March,
giving an aggravated detailed account of a terrible disturbance on the
joyous anniversary of the repeal of the stamp act, which general _Gage_,
in his letter of October to Lord _Hillsborough_, declared, from the best
intelligence he could procure, to have been trifling. When the matter
came to be considered, it was agreed to send troops to Boston.
Accordingly, Lord _Hillsborough_, in his secret and confidential letter
to Gen. _Gage_, [June 8.] wrote, “I am to signify to you his majesty’s
pleasure, that you do forthwith order one regiment, or such force as you
shall think necessary, to Boston, to be quartered in that town, and to
give every legal assistance to the civil magistrate, in the preservation
of the public peace, and to the officers of the revenue, in the
execution of the laws of trade and revenue; and as this appears to be a
service of a delicate nature, and possibly leading to consequences not
easily foreseen, I am directed by the king to recommend to you to make
choice of an officer for the command of those troops, upon whose
prudence, resolution and integrity, you can entirely rely.” And on the
eleventh, he informed the governor, that his majesty, from the
representation made by him and the commissioners of the customs, had
directed one regiment at least to be stationed in Boston, and to
garrison, and (if necessary) to repair the castle; and had ordered a
frigate, two sloops, and two cutters to repair to, and remain in the
harbour of Boston, for supporting and assisting the officers of the
customs in the execution of their duty. His lordship’s letter to Gage
being dated two days before the riot occasioned by the seizure of the
sloop Liberty, the order contained in it, could not possibly be founded
on such riot; though the riot, with the subsequent transactions of the
town, might be related as a reason in the resolves afterward drawn up,
exhibiting the necessity of sending a military force to Boston. But
persons in office are liable to fall into mistakes, through the
multiplicity and hurry of business, and for want of due consideration or
better intelligence. In this way you may account for his lordship’s
signing a circular letter, [Sept. 2.] to the governor and council of
_Rhode-Island_, to the following purpose—“Gentlemen, the king having
observed, that the governors of his colonies have, upon several
occasions, taken upon them to communicate to their councils and
assemblies, either the whole or parts of letters from his majesty’s
principal secretary of state, I have it in command to signify, that it
is his majesty’s pleasure that you do not, upon any pretence whatever,
communicate to the assembly, any copies or extracts of such letters,
unless you have his majesty’s particular directions.” This was soon
published in the _Providence_ Gazette after being received. That colony
chooses its own governor annually and he has neither right nor power to
with-hold from the assembly copies of any such letters. Upon another
occasion his lordship gave orders to the governor of _Pennsylvania_, in
case the assembly did not act conformable to what was expected,
immediately to dissolve them; whereas it is the inherent privilege of
that house to set on their own adjournments; and the governor has no
power to dissolve them.
[Nov. 3.] A month after the arrival of the troops at _Boston_ Mr.
_Hancock_ was served with a precept for £.9000 sterling, by the marshal
of the court of admiralty. The marshal having arrested him, demanded
bail for £.3000. Five other gentlemen were arrested for the like sum. He
and the five others gave bail.—The commissioners prosecuted the supposed
owner, and each person they imagined concerned in unloading the wines,
for the value of the whole cargo and treble damages. The vessel seized
was restored after a long detention; and the suits in the courts of
admiralty dropped, March the twenty-sixth, 1769, by a declaration from
the king’s advocate, that his majesty would prosecute no further. It was
idle to think of supporting the prosecution by sufficient evidence. Want
of inclination or fear would prevent witnesses appearing, and corruption
would procure counterevidence from men of no principle, who would
justify themselves from the prosecution’s being built upon acts of
parliament, to which they supposed the colonies owed no obedience; and
would plead, as in too many instances is done at home, that it is not he
who takes, but he who imposes the oath, who is chargeable with the crime
of swearing falsely. The law would not allow the prosecuted any costs or
damages. In this case the allowance would have been unreasonable; the
innocence of the parties could not have been urged in its behalf.
The colonists could not overlook the good effects produced by the former
non-importation agreement; and were earnest for playing off the same
engine against the new attempts of ministry, to saddle them with the
payment of taxes. About the beginning of April, several gentlemen of
_Boston_ and _New-York_, wrote to others at _Philadelphia_, in order to
learn, whether they would unite with them in stopping the importation of
goods from _Great-Britain_, until certain acts of parliament should be
repealed, which were thought to be injurious to their rights, as freemen
and British subjects. A numerous meeting of merchants followed, when an
address was read to them. It set forth the claims of the colonies, and
then went into an enumeration of grievances, which the colonists had
long borne, and seemed willing to forget, had they not been alarmed
afresh by the late proceedings of the ministry. The address remarked,
that, in the act obliging the several assemblies to provide quarters for
the soldiers, &c. a power is granted to every officer, upon obtaining a
warrant from any justice (which warrant the justice is empowered and
ordered to grant, without any previous oath) to break into any house by
day or by night, under pretence (these are the words of the act) of
searching for deserters. It pointed out to them the danger they were in,
of having erected over them a despotic government, to rule them as
slaves. It called upon them to deliberate, by what means they might
defend their rights and liberties, and obtain a repeal of the obnoxious
acts. It urged them to join in the measure proposed by their brethren of
_Boston_ and _New-York_; and closed with “_United we conquer, divided we
die_.” The _Pennsylvania_ merchants agreed with the other colonies in
opinion, that the revenue acts were unconstitutional; but declined
adopting the non-importation agreement, as they believed it to be
premature. They knew that multitudes in Great-Britain would suffer much
by a suspension of trade with her, whenever it should be carried into
execution; and judged that it ought not to be made use of but as the
last and most certain remedy, when petitions proved ineffectual. They
saw clearly that the acts were manifestly injurious to the British
trade, and hoped the parliament would therefore find it expedient to
repeal them; and were willing to allow a proper time for the repeals
being effected. These reasons induced them to refuse complying with the
solicitations of their neighbours. But the merchants and traders of
Philadelphia agreed upon a memorial, wherein they stated their
grievances, which was transmitted to their mercantile friends in London,
on whose assistance they relied for an application to government for
relief; and this they hoped to obtain as to some of the chief, though it
might not be all the articles of complaint.
But the _Boston_ merchants and traders having been drawn in, partly by
their connections with the politicians and the fear of opposing the
popular stream, agreed upon a new subscription paper, [Aug. 1.] wherein
they engaged as follows:—“We will not send for or import from
Great-Britain, either upon our own account, or upon commissions, this
fall, any other goods than what are already ordered for the fall
supply.”—“We will not send for or import any kind of goods or
merchandise from Great-Britain, _&c._ from the first of January, 1769,
to the first of January, 1770, except salt, coals, fish-hooks and lines,
hemp and duck, bar lead and shot, wool-cards and card-wire.”—“We will
not purchase of any factor or others, any kind of goods imported from
Great-Britain, from January, 1769, to January, 1770.”—“We will not
import on our own account, or on commissions, or purchase of any, who
shall import from any other colony in America, from January, 1769, to
January, 1770, any tea, glass, paper or other goods commonly imported
from Great-Britain.”—“We will not, from and after the first of January,
1769, import into this province any tea, paper, glass, or painters
colours, until the act imposing duties on those articles shall be
repealed.” The subscription paper was carried about town; and, at
length, generally signed, though several respectable merchants remained
non-subscribers. The same month the _Connecticut_ and _New-York_
merchants came into similar agreements; and those of _Salem_, the
beginning of September. Some merchants had undoubtedly the foresight to
provide for an abstinence from importation for a year, by unusually
large orders.
A report having been spread that governor _Bernard_ had intimated his
apprehensions that one or more regiments were to be daily expected at
_Boston_, a meeting of the inhabitants was called, and a committee
appointed to wait on him to know the grounds of his apprehensions, and
to pray him to issue precepts forthwith for convening a general
assembly. He acknowledged his having received those informations which
produced such apprehensions, but said they were of a private nature. The
calling of another assembly he told them could not be complied with,
till his majesty’s commands were received. The answer being reported, it
was resolved, “That the freeholders, and other inhabitants of the town
of Boston, will, 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.”
It was also declared to be the opinion of those present, “That a
suitable number of persons to act for them as a committee in convention,
with such as may be sent to join them from the other towns, should be
now chosen, in order that such measures may be consulted and advised, as
his majesty’s service, and the safety of the province may require.” It
was then voted, “That the select men of Boston should write to the
select men of the other towns, to acquaint them with the foregoing
resolutions, and to propose, that a convention be held at Fanueil-hall
in Boston, on the twenty-second instant.” It was afterward voted, “That,
as there is an apprehension, in the minds, of many, of an approaching
war with France, those inhabitants who are not provided, be requested to
furnish themselves forthwith with arms.
[Sept. 22.] The _convention_, consisting of committees from ninety-six
towns and eight districts, met as proposed; and after conference and
consultation, petitioning the governor, declaring that they only
considered themselves as private persons, making loyal professions,
expressing their aversion to standing armies, to tumults and disorders,
their readiness to assist in suppressing riots and preserving the peace,
and recommending patience and regard to good order, they broke up and
went home on Thursday the twenty-ninth. Advice was received the day
before, that the men of war and transports from Halifax, with some
hundreds of troops, were safe arrived at Nantasket harbour, a few miles
below Castle William. Two days before the convention closed, they
dispatched a letter to Mr. _Berdi_, containing a representation of what
had taken place, with such papers and instructions as were judged most
suitable to the circumstances of their assembly.
When the news was first received of troops being ordered to Boston,
broad hints were thrown out that they should never land; and to
strengthen the appearance of an intention to oppose them, a barrel was
placed upon the beacon, supposed to be a tar barrel, to have been fired
to call in the country upon the troops appearing, which was afterwards
found to be an empty nail barrel. Many of the deputies came down to the
convention, with instructions and dispositions to prevent the Bostonians
involving the province in the fatal consequences of their own furious
devices. Numbers were from the beginning sensible of the impropriety and
danger of their proceeding, and desirous by a moderate conduct, to
correct the one and ward off the other. The governor’s message to them
after their address, was high, and might tend to keep some of them in
awe, as the troops were thought to be at no great distance. When Mr.
_Otis_ joined them, instead of being violent he was quite moderate: and
when Mr. _Samuel Adams_ attempted to launch out into the same free and
unrestrained language to which he was accustomed in the house of
representatives, he was presently silenced.
The convention having finished in the above manner, the persons just
named assumed to themselves the moderation of those whom they called
together for very different purposes. The governor himself was not
always wholly ignorant of what was going forward among the sons of
liberty. He kept up an acquaintance with some of them, and by that
means, at times, procured useful intelligence, while he gave his
informers the strongest assurance that their names should not be quoted,
nor any communication be made of it, which could make them suspected.
Too much occasion was given for this paragraph, which soon after
appeared in the New-York Journal. “I blame the Bostonians for having
given some room for the idle reports of their designing to oppose the
landing of the troops, by the ridiculous puff and bombast (for which our
eastern brethren have always been too famous) of warning every man to
provide himself with a good firelock, ammunition, &c. under the
disingenuous jesuitical pretence of the prospect of a French war, full
as absurd and hypocritical as is the pretence of a military
establishment in America for its protection and defence.”
When the troops from Halifax were daily expected, the governor would
have prevailed upon the council to have provided quarters for them in
Boston, but they refused; and in answer to what he advanced, said, “the
troops are by act of parliament, to be quartered no where else but in
the barracks, until they are full: there are barracks enough at the
castle to hold both the regiments; and it is therefore against the act
to bring any of them into town.” However, the orders of general _Gage_
to lieutenant-colonel _Dalrymple_ were positive to land one of them at
Boston. But in the interim, captain Montresor, the engineer arrived,
with letters of a subsequent date, from general Gage, for the governor
and the colonel, wherein the general mentioned, that it being reported
and believed from a number of private letters and the publications, that
the people in and about Boston had revolted, he had therefore sent the
captain to assist the forces, and enable them to recover and maintain
the castle, and such other posts as they could secure. Upon this the
colonel altered his plan, and concluded to land both regiments at Boston
without loss of time. The fleet therefore was immediately put into
motion, and the next morning commanded the whole town.—Every thing being
fully prepared, near upon fourteen[99] ships of war lying with their
broadsides to the town, having springs on their cables, and their guns
ready for firing instantly upon the place, in case of the least
opposition; about one o’clock at noon, October the first, the troops
began landing, under cover of the ships cannon, without molestation; and
having effected it, marched into the common, with muskets charged,
bayonets fixed, drums beating, fifes playing, &c. making with the train
of artillery, upward of 700 men. In the evening, the select men were
required to quarter the two regiments in town, but absolutely refused.
One of the regiments, however, being without their camp equipage, was
humanely permitted to enter Faneuil-hall and its chambers, about nine
o’clock at night, that so the men might enjoy a temporary shelter. The
next being Lord’s day, the town or state-house was opened in the
evening, by order of the governor, for the reception of the troops, who
took possession of all the chambers, except the one appropriated for the
meeting of the council. He certainly stretched his authority in several
points; but particularly in thus acting. This step was an insult not
only to the town, as it was a great annoyance to the gentlemen and
merchants, who had been accustomed to make the lower floor their
exchange, but to the whole colony, as the representatives chamber was
now possessed by the soldiery. After the quarters of the troops were
settled, the main-guard was posted directly opposite to, and not twelve
yards from the state-house with two field pieces pointed to it. It was
with no small indignation that the people beheld the representatives
chamber, court-house, and Faneuil-hall—seats of freedom and
justice—occupied by troops, and guards placed at the doors, and the
council passing through the guards in going to their own chamber. They
resented also the common’s being covered with tents, and alive with
soldiers; their marchings and counter-marchings to relieve the guards;
the town’s being a perfect garrison, and the inhabitants being
challenged by the sentinels, as they passed and repassed. Persons
devoutly inclined, complained much of being disturbed at public worship
on the sabbaths, with drums beating, and fifes playing, to which they
had never been accustomed in the Massachusetts. Quarters being obtained
for the troops, the council were required to provide barrack provisions
for them, agreeable to act of parliament; but resolutely declined going
into any measure which might be construed into a submission to the said
act. The opposition of the council to the quartering of, and providing
for the troops, was so encouraged and strengthened by Mr. _James
Bowdoin_, who was one of them, that Mr. _Hutchinson_, in his letter of
November 6, ascribed the whole to his management. It was thought that
the peaceable landing of the troops was not what some of the ministry
either expected or desired; and that they were in hopes, that the folly
and rage of the town and colony would have led them into an hostile
opposition, and thereby have afforded an opportunity for giving them
some naval and military correction. Under this apprehension, the
gentleman who delivered the first dispatches from governor Bernard,
containing the account of the troops having landed, &c. narrowly watched
the countenance and conduct of the person who read them, and was
confirmed in such opinion. But had he not possessed that opinion, it
might not have been excited by what he observed. The sentiments of the
military differed so extremely from those of the Bostonians, who were
unjustly viewed as rebelliously inclined, that it was not to be wondered
at that they were insulted and abused, and that quarrels should ensue,
tho’ they did not proceed soon to a dangerous height. Undoubtedly the
inhabitants could not be continually blameless; there would necessarily
be some rash and imprudent persons among such a multitude; but the
greatest rashness and imprudence lay in the sending of troops on a
service which could have been effectually and better executed by a naval
force properly stationed and employed. Ships of war might have possessed
the harbour till the commissioners could have executed their office with
safety.
The committee of merchants in London paid a due attention to the
memorial sent them by the merchants and traders of Philadelphia, and
took pains to obtain relief from the grievances therein complained of,
though without effect. The department to which they applied, afforded
little hopes of redress in a way that might put an end to the
differences that had arisen between Great-Britain and her American
colonies. The act imposing duties on glass, paper, &c. was acknowledged
to be inexpedient; but it was added, “Such has been the unjustifiable
conduct of some in America, that the present juncture is not a proper
season for a repeal.” Administration was firmly resolved to oppose it
with their utmost strength, while it should be insisted on by threats on
the part of the colonists, for in that light they consider the steps
which had been taken by them to obtain redress It was said, “If a proper
disposition appears in the colonies, and their merchants, in a
succeeding session, shall think proper to petition parliament on the
principle of expediency only, there is every reason to believe that no
part of administration will object to the repeal.” But the minister did
not declare what was the proper disposition he expected. No sooner were
the Philadelphians apprised, by the receipt of this information, that no
hope remained of a repeal in that session, than they unanimously entered
into the very agreement, which some months before, when proposed to
them, they had declined; and it was their opinion, that as the agreement
had been formed on mature deliberation, the people of the province would
firmly adhere to it. Of this they gave notice to the committee of
merchants in London, by letter of April 8, 1769. In that letter,
remarking upon the information they had received, they wrote—“It would
become persons in power to consider, whether even the unjustifiable
behavior of those who think themselves aggrieved, will justify a
perseverance in a matter confessed to be wrong. Certain it is, that the
wisdom of government is better manifested, its honor and authority
better maintained and supported, by correcting the errors it may have
committed, than by persisting in them, and thereby risking the loss of
the subjects affections. We are apprehensive that persons in power are
greatly abused, and that the people of America have been grossly
misrepresented, otherwise the steps which they have taken to obtain
redress, could never be looked upon as threats. Threats they never
intended; but as all the American colonies were equally affected, it was
thought that their joint petitions would have more weight; and for this
end the several assemblies communicated their sentiments to each other.
This step, to the inexpressible surprise of all America, is represented
as “a flagitious attempt, a measure of a most dangerous and factious
tendency, &c. The dissolution of assemblies that followed, and the
measures pursued to enforce the acts in America, awakened the fears, and
exasperated the minds of the people to a very great degree. They
therefore determined not only to defeat the intent of the acts, by
refraining from the use of those articles on which duties were laid, but
to put a stop to the importation of goods from Great-Britain. This is
the only threat we know of; and if this is sufficient to engage the
ministry to oppose a repeal of the acts, we apprehend the ministry must,
by a change of measures, endeavour to regain the affections of the
people before they can be induced to alter their determinations.”
“The Americans consider themselves as British subjects, entitled to all
the rights and privileges of freemen. They think there can be no liberty
without a security of property; and that there can be no property, if
any can, without their consent, deprive them of the hard-earned fruits
of their labour. They know that they have no choice in the election of
the members of parliament; and from their situation never can have any.
Every act of parliament therefore, that is made for raising a revenue in
America, is in their opinion, depriving them of their property without
their consent, and consequently is an invasion of their liberty.”
“If then the acts cannot be repealed while the ministry objects, and if
to remove the objections the Americans must give up their sentiments, we
must candidly confess we have little hopes of a repeal ever taking
place; much less it is to be expected, that the merchants will presume
to petition parliament on the principle of inexpediency only, when every
assembly on the continent are applying for a repeal on the principle of
_right_.”
“Happy had it been for both countries if the idea of raising taxes in
America had never been started; however, if the acts complained of are
repealed, and no other of the like nature are attempted hereafter the
present unhappy jealousies will, we believe, quickly subside, and the
people of both countries in a short time, return to their usual good
humor, confidence and affection.”
If ministry thought that the resolves of the house of lords, the
preceding December, would have put a stop to non-importation agreements
and the spirited exertions of the colonists, they soon found themselves
much mistaken. It can scarce be imagined, but that some of the
Philadelphia gentlemen had received the account of such resolves; for
the above letter was in answer to London ones of January 4th and 26th,
and yet they proceeded as has been related.
The resolve censured the votes, resolutions and proceedings of the house
of representatives of _Massachusetts_ of January and February; as also
the declarations, resolutions and proceedings in the town of _Boston_.
They pronounced the election of deputies to sit in convention, and the
meeting of such convention, daring insults offered to his majesty’s
authority, and audacious usurpations of the powers of government. The
lords then ordered an humble address to be presented to his majesty, in
which they expressed their satisfaction in the measure his majesty had
pursued; gave him the strongest assurances, that they would effuctually
support him in such further ones as might be found necessary to maintain
the civil magistrates, in a due execution of the laws, within the
Massachusetts Bay; and beseeched him to direct the governor to take the
most effectual methods for procuring the fullest information, touching
all treasons committed within that government since the 30th of
December, 1767, and to transmit the same, with the names of the persons
most active in the commission of such offences; in order that his
majesty might issue a special commission for hearing and determining the
said offences, within the realm, pursuant to the statute of the 35th
year of _Henry_ VIII.
The resolutions and address were sent down to the house of commons for
their concurrence. Colonel _Barre_ opposed them; and directing himself
to the ministry, said, “Away with these partial resentful trifles,
calculated to irritate, not to quell or appease, inadequate to their
purpose, unworthy of us! Why will you endeavor to deceive yourselves and
us? You know that it is not this place only that disputes your right,
but every part. They tell you, that you have no right from one end of
the continent to the other. My sentiments of this matter you well know.
Consider well what you are doing. Act openly and honestly. Tell them you
will tax them, and that they must submit. Do not adopt this little,
insidious, futile plan. They will despise you for it.” However on the
ninth of February, they were agreed to and returned with some
amendments; and the address was ordered to be presented to both houses.
The _Massachusetts_, with becoming firmness, constantly asserted their
rights, which drew down upon them ministerial vengeance. They had no
general assembly when the resolves and address reached America, the last
having been dissolved for refusing to comply with the mandate to
rescind, and the time appointed by charter for calling another not being
arrived. But the _Virginia_ house of burgesses entered upon the subject.
They met on the eighth of May, and on the sixteenth took into serious
consideration the state of the colony, being alarmed at the distress in
which all America was likely to be involved. They came to several
necessary resolutions, copies of which they gave their speaker, with
particular directions to transmit them without delay to the speakers of
the several houses of assembly on the continent; whose concurrence in
the like was requested.
The resolves express, “That the sole right of imposing taxes on the
inhabitants of the colony, is now, and ever hath been legally and
constitutionally vested in the house of burgesses, with consent of the
council, and of the king, or his governor for the time being—That it is
the privilege of the inhabitants to petition their sovereign for redress
of grievances, and that it is lawful to procure the concurrence of his
majesty’s other colonies in dutiful addresses, praying the royal
interposition in favor of the violated rights of America—That all trials
for treason, misprison of treason, or for any felony or crime
whatsoever, committed by any person residing in said colony, ought to be
in and before his majesty’s courts within said colony; and that the
seizing any person residing in the colony, suspected of any crime
whatsoever, committed therein and sending such person to places beyond
the sea to be tried, is highly derogatory of 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 producing witnesses on such
trial, will be taken away from the party accused.” These resolutions
were followed by a humble address to his majesty, beseaching his royal
interposition to quiet the minds of his royal subjects in the colony,
and to avert those dangers and miseries which will ensue from seizing
and carrying beyond sea the inhabitants of America, to be tried in any
other manner than by the ancient and long established mode of
proceeding.
[May 17.] The next day Lord _Bottetourt_ sent for them, and said, “Mr.
speaker, and gentlemen of the house of burgesses, I have heard of your
resolves, and augur ill of their effects. You have made it my duty to
dissolve you, and you are dissolved accordingly.” The gentlemen who
composed the house, being, reduced by the dissolution to private
persons, repaired immediately to another place, that so they might
consider what measures were proper to be taken, and chose the late
speaker _Peyton Randolph_, esq. moderator.
[18.] They entered into an association unanimously [which they
subscribed and recommended to all merchants, gentlemen, traders and
others] against importing any goods taxed, and many other articles;
against wines, against importing and purchasing negroes, &c.
The next month the Maryland gentlemen and merchants entered into a
non-importation agreement similar to the Virginian.
The _South-Carolinians_ followed the example.
The inhabitants of _Charlestown_ broke off all commerce with the _Rhode
Islanders_ and _Georgians_, whom they charged with having acted a most
singularly infamous part, from the beginning of the present glorious
struggle for the preservation of American rights. This had its effect,
and _Georgia_ came into the non-importation agreement September the
nineteenth; _Providence_, October the tenth; but _Rhode-Island_ not till
the thirtieth.