[Oct.] The _North-Carolina_ assembly came to the like resolution with

the _Virginia_ house of burgesses, for which governor _Tryon_ dissolved

them. Upon that, the gentlemen who had composed it, repaired to the

court-house, chose the late speaker moderator, and came to a resolution

for an association against importing, _&c._ comformable to what had been

done elsewhere. Thus the non-importation agreement became general, and

was forwarded by the very means applied for its prevention. Meetings of

the associators were regularly held. Committees were appointed to

examine the cargoes of all vessels arriving from Britain; and regular

votes and resolutions of censure were passed in those meetings, upon

such as refused to concur in the associations, and their names published

in the newspapers as enemies to their country. The decrees of those

committees met with a respect and obedience denied to the constitutional

authority of government. In some cases goods imported from Britain were

locked up in warehouses, under the care of the committees, and in a few

instances returned. _Portsmouth_, the only sea-port in _New-Hampshire_,

never came into the non-importation agreement. Governor _Wentworth_ had

address enough to prevent it, and keep all quiet. There are few private

schools in that colony, and the bulk of the people are very illiterate.

If a person can write a note of hand, read a chapter, and cypher to the

rule of three, he passes for a man of learning. Men, whose capacities

remain small for want of use and improvement, and who have little

knowledge, are liable to be duped by those who possess superior rank and

abilities. The associations were as general, and in common as well

observed as could reasonably be expected, considering the disadvantages

and losses they necessarily occasioned to many. But it is not to be

thought, that there were no collusions; that all the goods belonging to

the professing sons of liberty, which were stored, remained in the

warehouses, without being conveyed out upon particular occasions, and to

serve certain purposes; that all, who had given their names or honors

not to import, did not privately order some of the prohibited articles

to please themselve, families or neighbours; that when, some months

afterward, the zeal of the daughters of liberty in several of the

colonies, proscribed the drinking of tea, and rendered the disuse of it

a universal fashion, all were so true to their engagements, as not to

sip their green or bohea in secret, or under a new name; and that all

who associated or agreed to the storing of their goods, did it

voluntarily and without compulsion. The fear or appearance of a mob

often produced a compliance in persons who would gladly have retained

their goods till they could have turned the same into cash; and brought

them to own, that they were willing that they should be stored, just as

they would have been willing at sea to have thrown them overboard to

escape personal shipwreck. The committees had the arts of persuasion;

and in some places their most powerful arguments for reducing the

obstinate were not known to be used by them.

The importer is sent for, and desired to come into the agreement; he

declines; he must sell; his livelihood depends upon it. Arguments are

used for his complying, and he is urged, soothed and entreated; but it

avails nothing. He is determined at all hazards to dispose of his goods

as purchasers offer. Some of the mobility, or their leaders, are told,

that the importer cannot be prevailed upon. In a day or two he finds

himself surrounded; in danger of an assault; is terrified; inquires the

reason; and upon learning it, hurries to the committee; begs their

interposition; complies with what was before desired of him; hopes that

they will restore him to the good graces of his fellow townsmen or

citizens, and thanks them for their promised assistance, not in the

least suspecting the depth of their contrivance. Every committee

however, had not this prudent forecast, whereby to accomplish their

designs without exposing their own characters.

We have hitherto omitted recording the transactions of the

_Massachusetts_ assembly in the persent year, the _Virginia_ house of

burgesses demanding a prior attention, but now proceed to them.

[May 31.] The general court being called together according to charter,

a committee from the house of representatives remonstrated to his

excellency, “That an armament by sea and land investing this metropolis

(_Boston_) and a military guard with cannon pointed to the door of the

state house where the assembly is held, are inconsistent with that

dignity and freedom with which they have a right to deliberate, consult,

and determine. They expect that your excellency will, as his majesty’s

representative, give effectual orders for the removal of the above

mentioned forces by sea and land out of this port, and the gates of this

city during the session of the said assembly.” The governor returned for

answer, “gentlemen, I have no authority over his majesty’s ships in this

port, or his troops within this town.”

[June 1.] He negatived eleven of the persons elected to form the

council.

[13.] The house in a message to him declared—“The use of the military

power to enforce the execution of the laws, is, in the opinion of this

house, inconsistent with the spitit of a free constitution, and the very

nature of government. This military force is uncontroulable by any

authority in the province: it is then a power without any check here,

and therefore it is so far absolute. What privilege! what security then

is left to this house!”

It was not urged, whatever the case might admit; “The governor is the

king’s _locum tenens_, and his office entire. The chief civil and

military authority being by the British and our constitution

inseparable, the king cannot serve them. An independent military tends

to the utter overthrow of the civil power. The operations of the great

seal, which is _clavis regni_, cannot be controlled by the privy seal,

the king’s signet, sign manuel, or significations of his pleasure by his

secretary; in other words, our charter cannot be infringed by any of

these.”

The house firmly declined doing business surrounded with an armed force,

so that the governor the next day adjourned the court to Cambridge.

[July 6.] His excellency sent a message to them, with the accounts of

the expenditures already incurred by quartering his majesty’s troops,

desiring funds to be provided for discharging the same, and required a

provision for the further quartering the forces in Boston and

Castle-Island, according to act of parliament.

[7.] The house of assembly, as though they meant by it to despise the

parliamentary resolves, no less than maintain their own privileges,

passed a number of resolves, and among them the following:

“That a general discontent on account of the revenue acts, an

expectation of a sudden arrival of a military power to enfore said acts,

an apprehension of the troops being quartered upon the inhabitants, the

general court dissolved, the governor refusing to call a new one, and

the people almost reduced to a state of despair, rendered it highly

expedient and necessary for the people to convene by their committees;

to associate, consult, and advise the best means to promote peace and

good order; to present their united complaints to the throne, and

jointly to pray for the royal interposition in favor of their violated

rights. Nor can this procedure possibly be illegal, as they expressly

disclaim all governmental acts:

“That the establishment of a standing army in this colony, in time of

peace, is an invasion of natural rights:

“That a standing army is not known as a part of the British

constitution:

“That sending an armed force into the colony, under pretence of

assisting the civil authority, is highly dangerous to the people,

unprecedented and unconstitutional.”

The last is the same with that of Virginia.

[12.] The governor called upon them to answer, whether they would or

would not make provision for the troops.

[15.] The house, by message, after remarking upon the mutiny or

billeting act, answered, “As we cannot consistently with our own honor

or interest, much less with the duty we owe to our constituents, so we

never shall make any provision of funds for the purposes in your several

messages.” Upon that the governor prorogued them to the tenth of

January, to meet at Boston.

_South-Carolina_ assembly, no less than the _Massachusetts_, ventured to

disobey the mutiny act, and adopted similar resolutions to those of

_Virginia_. The _Maryland_ lower house entered partly into similar ones,

but the last was omitted, and the first more strongly expressed. The

_Delaware_ counties early followed the lead of _Virginia_, and adopted

their last resolve _verbatim_; and toward the close of the year, the

_New-York_ assembly concurred in their resolves with Virginia.

The proposal of parliament for transporting persons from America in

order to trial in _Great-Britain_, pursuant to the statute of _Henry_

VIII. excited a general alarm through the continent. The procedure they

recommended was not wholly without precedent. The case of Culpeper has

been already related. Under queen Anne, in 1710, the ringleaders of an

unnatural contention in _Antigua_, wherein the governor was murdered,

were brought to Great-Britain, tried, and many of them convicted and

executed upon this statute. Precedents, however, will never reconcile

sensible men to practices which, though legal, are fraught with cruelty,

and liable to the most horrid abuses. Beside, the statute was become

obsolete.

The _Virginia_ house of burgesses, in their address to his majesty,

expressed themselves with propriety upon this subject—“When we consider,

that by the established laws and constitution of this colony the most

ample provision is made for apprehending and punishing all those who

shall dare to engage in any treasonable practices against your majesty,

or disturb the tranquility of government; we cannot, without horror,

think of the unusual, and permit us, with all humility, to add

unconstitutional and illegal mode recommended to your majesty, of

seizing and carrying beyond the sea, the inhabitants of America

suspected of any crime, and of trying such persons in any other manner

than by the ancient and long established course of proceedings; for how

truly deplorable must be the case of a wretched American, who having

incurred the displeasure of any one in power, is dragged from his native

home and his dearest domestic connections, thrown into a prison, not to

wait his trial before a court, jury or judges, from a knowledge of whom

he is encouraged to hope for a speedy justice, but to exchange his

imprisonment in his own country for fetters among strangers. Conveyed to

a distant land, where no friend, no relation will alleviate his

distresses, or minister to his necessities, and where no witness can be

found to testify his innocence; shunned by the reputable and honest, and

consigned to the society and converse of the wretched and abandoned, he

can only pray, that he may soon end his misery with his life.”

We have been reviewing the noble and animated proceedings of the

_Virgians_ and others in behalf of liberty; and cannot but regret that

the existence of slavery and its effects among them, should administer

the least occasion for any one’s writing concerning them. “The last

resolves of the Virginia burgesses deserve a very hard name. It is

indeed laughable, to see a few dissipated bashaws, tyrants over a parcel

of wretched negro slaves, meet together and give themselves airs against

Great-Britain upon the subject of liberty—this applies to all the

southern colonies. The spirit of independence in _New-England_, is more

consistent and characteristic of the people; but _Virginia_, and the

_Carolinas_ are but _petit maitres_ in the business.”[100]

It is time to cross the Atlantic, and advert to what was doing in

_Britain_. An attempt in the house of commons, to bring on a repeal of

the obnoxious act before the session closed, proved ineffectual. It was

objected from every quarter, that it was not a proper time. Lord

_North_’s language upon the occasion was, “However prudence or policy

may hereafter induce us to repeal the late paper and glass act, I hope

we shall never think of it _till we see_ AMERICA _prostrate at our

feet_.” When the session was over, the ministry, with a view, it might

be, of soothing the Americans into a better temper, managing their

respective assemblies, and bringing them to retract their resolutions,

and open the trade as before, gave out, that at the next session the

American grievances should be redressed; and lord _Hillsborough_ wrote a

circular letter to every colony [May 13.] mentioning “their intention to

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

glass, paper and colours, upon consideration of such duties having been

laid contrary to the true principles of commerce; and assuring each,

that his majesty’s ministers, “at no time entertained a design to

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

purpose of raising a revenue.” Lord _Botetourt_ following the directions

he had received, so to explain measures as might re-establish mutual

confidence and affection between Great-Britain and her colonies, made

the matter known to the _Virginia_ house of burgesses in a speech, and

then declared, “It is my firm opinion that the plan which I have stated

to you will certainly take place, and that it will never be departed

from. I shall exert every power with which I am or ever may be legally

invested, in order to obtain and maintain, for the continent of America,

that satisfaction which I have been authorised to promise this day, by

the confidential servants of our gracious sovereign, who, to my certain,

knowledge, rates his honor so high, that he would rather part with his

crown, than preserve it by deceit.” The house, in their address to him,

expressed their hope and confidence in a manner that implied fear and

distrust; but willing to make the best improvement of what his lordship

said, closed with—“We esteem your lordship’s information, not only as

warranted, but even sanctified by the royal word.” The conduct of

ministry contained the idea of a public renunciation of all further

future taxation of America for a revenue; and the house appeared to view

it in that light.

But the circular letter was far from satisfying the American sons of

liberty in general. The evident exception of the duty on tea, and the

professed design of repealing upon commercial principles, excited their

apprehensions, and confirmed them in the opinion, that the ground of

present grievances was not to be abandoned, but to be reserved for a

future opportunity of making fresh essays for the imposition of internal

taxes. The merchants and traders, therefore, of _Boston_, soon after the

knowledge of it, called a meeting, and unanimously voted, that the

taking off the duties on the articles of glass, paper, and colours,

would by no means relieve the trade from the difficulties it was under.

They then confirmed their former agreement, to send for no goods

contrary thereto, unless the revenue acts were repealed.

Though the testimony of the Pennsylvania assembly against the resolves

of parliament, and in favor of the Virginia resolves, the repeal of all

the revenue acts, and a redress of all grievances, was wanting; yet the

Philadelphia committee of merchants, whose character and influence in

the present business weighed more than that of the assembly, failed not

to express their minds fully to the committee in London, long after the

circulatory letter was a matter of notoriety. They thus wrote [November

25.] “Though we are not favored with an answer to our letter of the

eighth of April last, yet as the liberty of America is at stake, and the

minds of the people here are much agitated, and as the continuation of

the unhappy dispute between the parliament and the colonies must not

only affect your and our interest, but the general interest and

happiness of both countries, we think it our duty to apply to you again,

and earnestly request you would use your best endeavors with those in

the administration, to restore tranquility, and re-establish the

colonies in the enjoyment of their ancient rights and privileges. We are

very sensible that the prosperity of the colonies depends upon their

union and connection with Great-Britain. In this sentiment all the

Amecans concur, yet they cannot bring themselves to think, that for this

reason they ought to be divested of liberty and property. Yet this must

be the case, if the parliament can make laws to bind the colonies in all

cases whatever—can levy taxes upon them without their consent, dispose

of the revenues thus raised without their controul, multiply officers at

pleasure, and assign them fees to be paid without, nay, contrary to and

in direct violation of acts of assembly regularly passed by the colonies

and approved by the crown—can enlarge the power of admiralty courts,

divert the usual channels of justice, deprive the colonists of trials by

a jury of their countrymen, in short, break down the barriers which

their forefathers have erected against arbitrary power, and enforce

their edicts by fleets and armies. To such a system of government the

Americans cannot tamely submit; not from an impatience of subordination,

a spirit of independence, or want of loyalty to their king; for in a

quiet submission to just government, in zeal, affection, and attachment

to their king, the people of the colonies dare to vie with any of the

best of their fellows-subjects; but from an innate love of liberty and

the British constitution.

“In our last we intimated our fears that the ministry were greatly

abused, and the people of America grossly misrepresented, by some who

did not wish well either to Great-Britain or the colonies. The letters

of one of our American governors (Bernard) and the memorials of a board

lately erected among us, not to mention other documents laid before the

public, evince that our fears were but too well grounded. From these it

is apparent, that every sly art has been used to incense the ministry

against the colonies; every argument that malice could invent has been

urged to induce them to overturn the ancient foundations of liberty.

Nay, to compass their base ends, they have declared in express terms,

and taken uncommon pains to make the ministry believe, that “there has

been a long concerted and extensive plan of resistance to the authority

of Great-Britain in all the provinces, and that a seizure made at Boston

had hastened the people there to the commission of actual violence

sooner than was intended.

“In justice to the province where we reside, and indeed to all America,

we beg leave to assure you, that such representations are without any

just foundation, and that nothing can be a greater deviation from truth.

Though at the same time we confess, that the ends accomplished by these

and such like infamous slanders and vile arts, have given a general

alarm, and caused a universal uneasiness in the minds of the Americans.

They now see a rod of power held over their heads; they begin to feel

the severities of a court, that by its late enlarged jurisdiction is

empowered to break in upon the proceedings of the common law courts; and

they have anxious fears for the existence of their assemblies, which

they consider as their last and only bulwark against arbitrary power.

For if, say they, laws can be made, money levied, government supported,

and justice administered, without the intervention of assemblies, of

what use can they be? They are no essential member of the constitution.

And being useless and unessential, is there not reason to fear they will

quickly become disagreeable and then be wholly laid aside? And when that

happens, what security have we for freedom, or what remains for the

colonists, but the most abject slavery?

“These are not the reasonings of politicians, but the sentiments and

language of the people in general. For with great truth we may say, in

no country is the love of liberty more deeply rooted, or the knowledge

of the rights inherent to freemen more generally diffused, and the

principles of freedom and government better understood than among the

British American colonies.

“For this reason we think ourselves obliged to inform you, that though

the merchants have confined their agreements to the repeal of the act

laying a duty on tea, paper, glass, &c. yet nothing less than a repeal

of all the revenue acts, and putting things on the same footing they

were before the late innovations, can or will satisfy the minds of the

people. The fleets and armies may overawe our towns; admiralty courts

and boards of commissioners, with their swarms of underlings, may by a

rigorous execution of severe unconstitutional acts, ruin our commerce,

and render America of little use to the people of Britain; but while

every farmer is a freeholder, the spirit of liberty will prevail, and

every attempt to divest them of the privileges of freemen, must be

attended with consequences injurious to the colonies and the mother

country.

“In a matter of so great importance you will excuse this freedom. We

consider the merchants here and in England, as the links of the chain

that binds both countries together. They are deeply concerned in

preserving the union and connection.—Whatever tends to alienate the

affections of the colonists, or to make them averse to the customs,

fashions, and manufactures of Britain, hurts their interest. While some,

therefore, from ambitious views and sinister motives, are laboring to

widen the breach, we whose private interest is happily connected with

the union, or which is the same, with the peace and prosperity of both

countries, may be allowed to plead for an end to these unhappy disputes;

and that by a repeal of the offensive acts, the cause of jealousy and

uneasiness may be removed, tranquility restored, harmony and mutual

affection re-established, and trade return to its usual channel.”

The names of the committee on the back of the draft from which the above

has been copied, were, _Alexander Huston_, _John Rhea_, _John Cox_,

_John Gibson_, _Joseph Swift_, _James Mease_, _J. M. Nesbit_, _William

West_, _Robert Morris_, _Charles Thomson_, _Daniel Benezet_, _William

Fisher_, _George Roberts_, _Samuel Howell_, and _Thomas Mifflin_.

The stationing of troops in _Boston_ might afford greater personal

security to the commissioners than what they could otherwise have

enjoyed, and might induce them or their underlings to exceed the bounds

of their commission, or of prudence, but could not prevent smuggling, or

protect informers from insult and abuse. Even skippers, bound to

different parts of the colony, had their vessels stopt and libelled, for

having uncleared articles of trifling consequence on board. Persons who

ventured to lodge informations, when discovered, were often subject to a

treatment which gave them a ridiculous appearance, and laid them under a

difficulty to clear themselves of the dress imposed upon them. They were

stripped, well tarred, and then covered with feathers. The punishment

took so with the lower class of people, that afterward it was not

confined to informers, but was also applied by them to others who

offended their dread majesty. There was a degree of intemperance and

indiscreetness on the part of the commissioners and custom-house

officers, which tended to irritate; whereas the utmost lenity and

forbearance were requisite in order to general tranquility. Mr. _Eliot_,

at _New-York_, where smuggling was as prevalent as at Boston, found it

necessary to wink at many irregularities, that he might prevent

disturbances and ill humor among the body of merchants. The

commissioners expressed their dissatisfaction, and wanted him to alter

his line of conduct: he stated the case to a friend at home, and by his

influence was secured from such like directions in future. They

transmitted to Britain such representations of Mr. _Otis_, jun. as

provoked him to insert a publication in the Boston gazette, which

brought on an affray at the coffee-house between him and Mr. _Robinson_,

one of the commissioners, from the latter’s attempting to pull the other

by the nose, because of some expressions in the said publication. Mr.

Robinson being in danger of coming off with the worst, several of the

company fell upon Mr. Otis; some of whom held him, while others struck

him with canes or different weapons. A friend passing along, observed

what was doing, pressed in and rescued Mr. Otis, though he himself

suffered considerably from the assailants. The noise soon drew

multitudes about the house, when Mr. Robinson and his associates

prudently retreated by means of a backdoor.[101] This procedure of the

revenue officers (for no military one was present) opened a large field

of altercation and multiplied quarrels, which were before too frequent

between the king’s officers and the leaders of opposition.

Governor _Bernard_ could carry nothing in the govermental way through

the presence of the troops, but was continually losing ground, and

growing more and more obnoxious to the inhabitants; so that he was

abused in scurrilous publications, for which the Boston gazette was

notorious. They were craftily calculated for the meridian where they

first appeared, and suited the too levelling disposition of the

_Bay-men_; after the politicians had encouraged a spirit of

licentiousness, in order to weaken the force of government, and

counteract the designs carrying on against their liberties: but their

want of decency offended many of the sons of liberty in the other

colonies. Heavy threats were also thrown out against the governors

personal safety. Of these however he was regardless; and being asked by

a friend, how he could venture to walk about alone at his country seat,

only five miles from the center of Boston, and whether he was not

afraid, he answered, “No, they are not a blood-thirsty people.”

At length it was thought proper to recal him, as said, to lay before his

majesty the true state of the province: this he signified to the

assembly in the month of June. Before they were prorogued they embraced

the occasion for drawing up a petition to his majesty in which, after

complaints of him, they entreated that he might be for ever removed from

the goverment of the province. When his letters, written home in

confidence, came to be exposed to public view, it would have argued

great weakness to have continued him, unless it was designed to adopt

his plans, and support him by force at all adventures. Governor Bernard

was too open, and had too little command of his temper; and suffered his

resentment to get the better of what ought to have been his political

judgment. Every governor should divest himself of resentment, especially

in his public capacity, as his own happiness, and that of the governed

require it.

Men of spirit may be drawn, when they will not be forced—Sir Francis,

instead of aiming his censures at individuals, directed them against

whole bodies. Thus he charged the council with servility to the

populace, the pleasing of whom, he said, was the rule of their conduct,

and also both houses of the general assembly expressly, in his speeches,

with oppugnation against the royal authority, declaring that they had

left gentlemen out of the council, only for their fidelity to the crown.

Such charges strengthened the hands of those whom he most opposed, by

touching the honor of the whole. Had they been true, they should have

been suppressed or mentioned only in private; but though the substance

of them even was true, when applied to individuals, it might be

otherwise when applied to the body, the majority of whom might act upon

different principles. Political leaders frequently throw out motives, by

which to catch and conduct the well-intentioned, differing from those by

which they themselves are actuated. Sir Francis did not possess those

mollifying arts which the ferment of the times required; and was more

ready to aggravate disorders than to apologize for them. It was common

for him in his official letters, to stile the opposition the faction,

even while he owned that it comprehended the majority of the assembly. A

parental governor would have thrown in many hints to have lessened the

displeasure of persons in power, on account of offences committed at

three thousand miles distance, under an enthusiastic attachment to the

cause of liberty, at a period when divers outrages were perpetrated at

home, by mobs in various parts of the kingdom. He evinced too great an

inclination to make the worst of every thing; and at times hearkened to

and transmitted the strangest rumours. He was a principal instrument in

bringing the troops to Boston. It was a favorite measure with him and

the lieutenant governor long before it was executed. While he professed

himself a friend to the province, he was endeavoring to undermine its

constitution, and to obtain an essential alteration in the charter,

through an appointment of the council by the king, instead of its

continuing in the election of the general court, where the

representatives of the people necessarily carried it, whenever they

united.

Toward the end of June he had the fairest opportunity of getting the

troops removed from the Massachusetts, but opposed the measure. General

Gage desired general Mackay to consult with him concerning the necessity

of continuing the troops at Boston, and to procure his opinion in

writing, whether his majesty’s service required that troops should

remain there any longer, and what number, whether one or two regiments.

It is impossible to express his surprise at the proposition. The

knowledge of it, so far as it reached, occasioned a consternation among

the civil officers of government, its friends, and the importers of

goods from Great-Britain. Gage, in a letter, requested his opinion, and

assured him he should not publish it, or make it known on this side the

Atlantic. He immediately answered, that he had no hesitation to declare

his opinion that it would be detrimental to his majesty’s service to

remove any of the two regiments remaining; and that it would be quite

ruinous to the cause of the crown to draw all the troops out of Boston;

but that he was inclined to think, that a regiment in town, and another

at the castle, might be sufficient. He had time enough in which to have

ripened a plan with the court for the removal of the troops, to the joy

of the country, and with safety to the civil officers and supporters of

government. But he too early for his own peace and the happiness of his

government, deviates from the line of conduct marked out for him by lord

Halifax immediately after his appointment, when it was recommended to

him to see and converse with governor Pownal, of whom his lordship wrote

in the same letter, “It is impossible to pursue a better plan of

government than what he directed himself by.” However, his conduct was

so agreeable to the ministry, that a title was secured him. He was

created a baronet, March the twentieth, 1769; and his majesty took upon

himself the whole expence of passing the patent, which added greatly to

the honor done him, as it was a favor seldom or ever before granted. Sir

Francis, during his eleven years residence in America, made very little

advance in his estate. The Boston sons of liberty had great advantages

against him, from the early intelligence procured by the supposed author

of Junius Americanus, and forwarded for safety under an unsuspected

coarse paper cover, to Mr. Thomas Bromfield, glover, at Boston. Sir

Francis was astonished to find that the contents of his letters from

ministry were known by them as soon as by himself. When he embarked from

the castle on board the Rippon man of war, for Great-Britain, August the

first, few lamented his departure. Even his friend, the lieutenant

governor, Mr. Hutchinson, regretted not his recal; by it he gained an

opening for succeeding to the chair, to which he had been long looking,

and was in hopes of being advanced.

Boston and New-York entered into the non-importation agreement so early

as August the preceding year; before the present was out they began to

be embarrassed, and numbers grew weary of their engagement. Advantage

was taken of these circumstances. The British officers, either of their

own thought, or through hints from home, offered merchants the liberty

of having their goods directed to them, as though intended for the army;

and many were got in under that cover, especially at New-York. Several

persons imported into Boston and sold freely, without its being

particularly noticed, while a few only were called to an account and

exposed in the newspapers. This occasioned an alarm; and the people

assembled at Faneuil-hall [Jan. 23, 1770.] in consequence of a

notification, upon the business of preventing the non-importation

agreement’s being rendered abortive.

Mr. _Theophilus Lillie_, observing the gross partiality which prevailed

in suffering some to sell, while a few others were proscribed;

determined upon selling his goods also. To point him out as inimical to

the agreement, and a person whose shop was to be shunned, a piece of

pageantry was placed before the door. Mr. _Richardson_, attempting to

remove it, was driven into his house by a number of boys, and there

attacked by stones through the windows. Provoked, rather than endangered

by the assault, he fired and killed _Christopher Snider_ [Feb. 22.] a

lad of eleven years old, who was recorded in the public prints as the

first martyr to the noble cause of liberty. The boy was buried with the

greatest respect imaginable, according to the custom of the country; and

such was the number of people following the corpse, that the foot

procession extended a full quarter of a mile. The event tended rather to

promote than injure the non-importation agreement. Boys, small and

great, and undoubtedly men, had been and were encouraged, and well paid

by certain leaders, to insult and intimidate those who had avowedly

counteracted the combination, and still persevered. The lieutenant

governor in April, attempted prevailing upon a merchant of the first

estate and character, to promote an association in opposition to the

non-importation agreement, but to no purpose; and received for answer,

“Until parliament makes provision for the punishment of the

confederacies, all will be ineffectual, and the associates will be

exposed to popular rage.” Another meeting was called to determine

whether the goods already arrived and those expected, should be sent

back to Britain. A gentleman having received a letter from a member of

parliament, in which it was said, that shipping back £.10,000 of goods

will do more than storing £.100,000 and the same being communicated, the

scale, when upon a balance, was turned, and all the importers belonging

to the town submitted to send their goods back; and in May many were

re-shipped on board captain Scott. The leaders gave out that it was done

voluntarily; and yet the major part of the merchants wished to see the

trade free from restraint; but having in the height of their zeal,

called in the populace as their servants, to intimidate those who

refused to join in the combination, they were now forced to submit to

them as their masters, under the influence of a few of the merchants,

who still adhered to their first plan. Several of the last importers

begged with tears, that they might be allowed to house their goods, but

it was not granted. One who had been pretty sturdy, had a committee of

tradesmen sent him, with an axe-man, a carpenter, at their head, who

told him that there were a 1000 men waiting for his answer, and if he

did not comply, there was no saying what would be the consequences. The

strength of the argument prevailed; and a day or two after the paper

published that he complied voluntarily. The Bostonians moreover resolved

to break off all trade with the Newport people, because of their

duplicity, and breaking through the non-importation agreement. The next

month Hartford followed the example of Boston. But about the same time

the New-Yorkers, by dexterous management, were brought to agree to

import—“every thing except such articles as are, or may hereafter be,

subject to duty for the purpose of raising a revenue in America.”

Government gained a party in the committee of merchants, who took

advantage of the charges brought against Boston of importing large

quantities of goods; and Mr. Hancock was complained of for suffering

them to be brought in his vessels. By these means they prepared the

minds of the people for the execution of the plan they had concerted.

They did not call a meeting of the citizens, in which the vote of the

populace, procured by the arts of individuals, might prevail; but went

through the several wards, and took the sense of the principal

inhabitants separately, when it appeared that the majority were for

importing. Upon the receipt of letters from Philadelphia and Boston, the

sense of the inhabitants was again taken, and turned out as before. They

were severely censured by the Philadelphians for their defection, and by

others also. The letter of the committee to the merchants at Boston,

informing them what agreement they had adopted, was contemptuously torn

to pieces. When those Yorkers who were in the interest of government,

began to concert their plan, they rested on assurances of what would be

done in parliament, and knew not, for certain, that the duties on glass,

paper and colours had been taken off; but the news of the obnoxious act

being so far repealed, reached the continent before they had fully

perfected the business, on the 10th of July.[102]

The New-Yorkers were in general faithful, while their non-importation

agreement lasted; more so, it was thought, than the Bostonians. These

suffered much in their reputation among the sons of liberty at New-York

and Philadelphia, for the large quantities of goods found by some of the

newspaper publications, to have been imported into Boston. Some of the

inhabitants were desirous of rolling away much of the reproach, by

pointing out that, a considerable part of the goods charged to the score

of Boston, belonged to Salem, Marblehead, and other ports; but when the

non-importation agreements were ended, it was omitted, and thus they

continued to lie under greater disgrace than really belonged to them.

While the New-York plan was carrying on, a trial was made by about a

dozen persons, to frighten the gentlemen who were inclined to import,

from so doing, but it failed, the populace had been secured.

[April 12.] The king gave his assent to the act for repealing the duties

on glass, paper, and colours. The tea duty was professedly continued as

a pepper corn rent, for the point of honor, and as a badge of

sovereignty over the colonies. The ministry might also mean to use it in

some future period, for deeper purposes than could be then fathomed.

They intended in the beginning of the session to bring in a bill against

American associations; but the violence of party was such, that it was

thought the times would not admit of it. The strong opposition made to

ministerial measures at home, was certainly helpful to the cause of the

colonies, and encouraged them to go those lengths which they would

otherwise have scarce ventured upon. This, however, was not to be

charged to the anti-ministerialists, as an evil for which they were

answerable. Let ministers attempt at any time to make unjustifiable

inroads upon the liberties of British subjects, their opponents are

bound in duty, as the guardians of the public, to use all warrantable

efforts to disconcert them and the mischief which follows is to be

placed to the account of those who render the opposition a necessary

measure.

The news of a partial repeal did not satisfy the colonists. But they

attempted in vain to keep up the non-importation agreement after the

defection of New-York. The Boston merchants at length, in a meeting held

at the coffee-house in October, unanimously voted to alter it, and adopt

the same plan of importing with that of the New-Yorkers. It appeared to

be the sense of the one and the other, and also of the Philadelphians,

that no tea should be imported; and that if any was brought into the

several ports, it should be smuggled to avoid paying the duty. The

Virginia house of burgesses, in a petition to his majesty, expressed

their exceeding great concern and deep affliction upon finding, that the

several acts imposing duties for the purpose of raising a revenue in

America, were continued; and said, “A partial suspension of duties, and

these such only as were imposed upon British manufactures, cannot remove

the too well grounded fears and apprehensions of your majesty’s

subjects, whilst impositions are continued on the same articles of

foreign fabric, and entirely retained upon tea, for the avowed purpose

of establishing a precedent against us.” The present year was marked by

a different scene of blood than what offered in February, which could

not be introduced in the order of time, without breaking the thread of

the preceding narration.

Outrages had been committed by the soldiers; and frequent quarrels had

happened between them and the inhabitants of Boston, who viewed the

military as come to dragoon them into obedience to statutes,

instructions, and mandates that were thoroughly detested. Each day gave

rise to new occurrences which augmented the animosity. Reciprocal

insults soured the tempers, and mutual injuries embittered the passions

of the opposite parties. Beside, some fiery spirits who resented the

indignity of having soldiers quartered among them, were continually

exciting the town’s people to quarrel with the troops. Not only so, but

a pompous news-paper account of a victory obtained by the inhabitants of

New-York over the soldiers there in an affray, undoubtedly excited the

resentment of the military at Boston, and exultations among their

opponents, and thus increased the ferment. Every thing tended to a

crisis; and it is rather wonderful that it did not exist sooner, when so

many circumstances united to hasten its approach. The lieutenant

governor did not attend to those things properly, and was not

sufficiently careful to prevent consequences, by strongly urging the

officers to keep their men in the barracks as much as possible, and to

maintain the strictest discipline. He was desirous of recommending

himself both to them and the commissioners, and therefore was very

cautious lest he should offend either.

At length a private of the twenty-ninth regiment, passing along in the

morning [March 2.] near Mr. John Gray’s ropewalk, being provoked by

insulting words, resented it, and being overpowered, went off; but soon

returned with a dozen soldiers, between whom and the ropemakers an

affray ensued, which terminated in the defeat of the former; who in the

afternoon armed themselves with clubs, and were on their way to renew

the action, but were stopped. On this many of the town’s people were so

enraged, that they determined on fighting it out with the soldiers on

the Monday. The Rev. Dr. _Eliot_ was told of the determination on the

Saturday; and was also informed that the bells were to be rung to

assemble the inhabitants together; so that when on the Monday evening he

heard them ring, he was not alarmed with an apprehension of its being on

account of a fire’s breaking out in the town, which is generally the

case.[103] It does not appear that any militia were called in before the

firing upon the people, or that any regular plan was formed for

compelling the troops to move from the town; it is absurd to think, on

the other hand, that there was a settled plot for employing the soldiers

to massacre the inhabitants. But from the characters, principles, and

politics of certain persons among the leaders of the opposition, it may

be feared, that they had no objection to a rencounter, that by

occasioning the death of a few, might eventually clear the place of the

two regiments. That some design was on foot, which might be attended

with danger in the execution, may be gathered from lieutenant-colonel

Marshall’s saying, when giving evidence for the crown—“The bells were

ringing, and the people began to collect as they do at the cry of fire,

and I began to think it was fire. I had a mind to go out, but I had a

reluctance, because _I had been warned not to go out that night_;”

meaning in which the men were shot.[104]

[Mar. 5.] Between seven and eight o’clock at night, unusual numbers are

met coming from the south end of the town, with sticks in their hands,

and serious consequences are apprehended from it. About the same time

parties, amounting in the whole to near two hundred, several with great

sticks or clubs, proceed from the north end, some of whom say, “let us

go to the south end and join our friends there, and attack the damned

scoundrels and drive them out of the town; they have no business

here.”—More people than common, with large sticks, are observed running

from all quarters toward King-street. The north end parties collect in

and about Dock-square, and attack several soldiers belonging to Murray’s

barracks about nine o’clock: upon an officer’s coming up, these are

ordered to their barracks, and when got in, with much difficulty, are

immediately confined. The mob follow the officer to the gate, and

provoke the soldiers by the most abusive language, and dare them to come

out. They are hardly rastrained by their officers from doing it. While

these things are transacting, some are calling _town born turn out_,

twenty or thirty times over; others cry _fire, fire_, in different

places, the more effectually to draw people out of their houses, and to

increase their numbers; and soon after the nine o’clock bell has ceased,

the bells are set a ringing, which those who are not better informed,

imagine to be the alarm of fire.

Upon the soldiers being restrained to the barracks, the mob are desired

by one or more considerate persons to return home. A few comply, but the

generality have something further to engage their attention. Numbers

employ themselves in tearing up the stalls of the market-place in

Dock-square, for the purpose they express while calling out, “Damn the

dogs, where are they now? Let us go and kill that damned scoundrel of a

sentry, and then attack the main-guard.” The body of the mob when they

have finished their repeated attacks upon the barracks, are addressed in

the street by a tall large man in a red cloak and white wig. After

listening to what he has to offer, in the space of three or four minutes

they huzza for the main-guard, and say, “We will do for the soldiers.”

They separate into three divisions, and take different routs for

King-street, one through the main-street. A party, who have collected at

Oliver’s-dock, bend their course toward the same point. In the mean

time, the sentry before the custom-house is assaulted while upon duty. A

boy comes up, and pointing to him, says, “There is the son of a bitch

that knocked me down.” About twenty young fellows, eighteen years old,

call out, “kill him, kill him, knock him down.” Their behavior obliges

him to load his gun. They pelt him with snow-balls, pieces of ice, and

any thing that offers, and halloo, “fire and be damned.” They advanced

upon him; oblige him to retreat; he mounts the steps, and knocks at the

door for admission. Meeting with no relief in this way, more persons

collecting in the street, and his danger increasing, he calls out to the

main-guard, within hearing, for protection. Captain Preston, the officer

of the day, being told that the ringing of the bells is the signal for

the inhabitants assembling to attack the troops, repairs to the

main-guard; and learning the situation of the sentry, sends off a

corporal and six men to protect both him and the king’s chest in the

custom-house. The soldiers march off with their pieces unloaded, and the

captain follows to prevent disorder. Ere they have formed, that part of

the mob which comes through the main-street, and appears to be headed by

the mulatto Attucks, and to contain a number of sailers, upon coming to

the town-house, exclaim—“Damn the rascals, this will never do; the

readiest way to get rid of those people, is to attack the main-guard;

strike at the root, this is the nest.” The soldiers are pelted while

going to defend their comrade; and, when upon their station, are served

as was the single sentry, have snow-balls, large pieces of ice, sticks

and other things thrown at them, and are obliged to load for their own

safety. The reproachful language with which they are abused exclusive of

a plenty of oaths and execrations, is, “Come on you rascals, you lobster

scoundrels, you bloody-backs, you cowards, you dastards for bringing

arms against naked men; fire if you dare; fire and be damned, we know

you dare not.” and much more to the same purpose. The reason for saying

“you dare not fire,” is probably to be found in the doctrine latey

advanced, “that soldiers, while on duty, may upon no occasion whatever

fire upon their fellow-subjects, without the order of a civil

magistrate.” The mob press in upon the soldiers, advance to the points

of the bayonets, are desired to keep off, and are treated with cautious

attention. This may be owing to apprehensions of danger to themselves in

case of contrary conduct. The shouts, huzzas, threats, screams, and

almost yells of the mob, with the ringing of the bells to increase the

general confusion, may justly alarm them; but their precaution soon

avails nothing. While they are pushing off the people, without once

leaving their station or attempting to follow them, the mulatto, and

about a dozen persons, several in sailors habits, come down to the spot,

give three cheers, surround the soldiers, and strike their guns with

clubs, crying out to the others, “Do not be afraid of them, they dare

not fire; kill them, kill them; knock them over.” The mulatto aims a

blow at captain Preston, strikes down one of the guns, seizes the

bayonet with his left hand, and shows a hardy disposition answering to

the threats which have been uttered. At this instant, there is a

confused cry of “damn your bloods why don’t you fire,” and partly from

persons behind the captain. Firing succeeds. Montgomery, whom the

mulatto has assaulted, after recovering his legs, and relieving his gun

by a sudden twitch, is the first that fires, and his assailant falls.

After six or eight seconds, another fires, the other five follows in

quick succession. It is agreed, that only seven out of the eight

soldiers discharge their pieces, and that no one fires twice. Three

persons are killed; five are very dangerously wounded, and a few

slightly. Most are either passengers going through the street, or

unassisting spectators. It is well that no more are killed, considering

that there were from fifty to a hundred about the soldiers. They ran off

at the firing, but soon assemble again to take away the dead and

wounded.

The whole town is immediately in the greatest commotion. Their drums

beat to arms, and there is a constant calling out, “to arms, to arms,

turn out with your guns.” The townsmen assemble in the next street, to

the amount of some thousands. The lieutenant-governor repairs to captain

_Preston_, and upon coming up, asks him, “how came you to fire upon the

people without the orders of a civil magistrate?” The captain begins to

apologize for what had happened, by saying, “_we were insulted_;” and is

about adding more, but recollecting the impropriety of the place, stops

short, and asks Mr. _Hutchinson_ to walk up into the guard room, where

he means to finish what he has begun; but the lieutenant-governor goes

to the council chamber. The captain’s words are observed by some

gentlemen, who attend Mr. Hutchinson, and are considered as conceding to

the implied charge of having given direction to fire, and are remembered

to his disadvantage. Mr. Hutchinson cannot avoid exposing himself in the

midst of the enraged inhabitants, upon whom he prevails to disperse till

morning. It having been a clear moon-light night, persons have been

enabled to distinguish what passed.

[March 6.] The next morning the people collected in vast bodies. The

lieutenant-governor summons a council. Before any debate commences,

lieutenant-colonel _Dalrymple_, and lieutenant-colonel _Carr_ attend,

being informed that they may if they will. The town meets in full

assembly, and choose a committee, who, while the business is largely

discussing in council, wait upon the lieutenant-governor and deliver him

a message, declaring, “It is the unanimous opinion of the meeting, that

nothing can rationally be expected to restore the peace of the town, and

prevent blood and carnage, but the immediate removal of the troops.”

Colonel Dalrymple signifies to Mr. Hutchinson, his readiness to place

the 29th regiment, which has rendered itself in a special manner

obnoxious, in the barracks at the castle.

In the afternoon the lieutenant-governor receives another message,

acquainting him, that it is the opinion of the meeting, consisting of

near three thousand people, that nothing but a total and immediate

removal of the troops will satisfy. Mr. _Samuel Adams_, one of the

committee, in his venerable grey locks, and with hands trembling under a

nervous complaint, tells colonel _Dalrymple_, “If you can remove the

29th regiment, you can also remove the 14th; and it is at your peril if

you do not;” and continues talking to him in such a resolute tone, and

with such strong implications, as nearly to communicate the trembling to

the colonel. Mr. _Hutchinson_ wishes to get clear of the council, but

finds it impossible; and therefore lays the matter before them. Several

declare their apprehensions of more bloodshed, unless the troops are

removed. Mr. _Royal Tyler_ in his zeal for effecting it, say to him, “It

is not such people as formerly pulled down your house who conduct the

present measures. No; they are people of the best characters among us,

men of estates, men of religion. They have formed their plan for

removing the troops out of town, and it is impossible they should remain

in it. The people will come in from the neighboring towns; there will be

ten thousand men to effect the removal of the troops, who will probably

be destroyed by the people, be it called a rebellion, or occasion the

loss of our charter, or be the consequence what it may.” When Mr.

_Tyler_ said, _they have formed their plan_, it was not to be understood

that the plan was formed prior, but subsequent to the bloodshed of the

preceding evening. His representations might be aggravated: even when

there is not a natural cast for the hyperbole, persons inflamed by

passion, will imperceptibly have a recourse to the figure. Mr.

Hutchinson tells the council, “Nothing shall ever induce me to order the

troops out of town.” They, upon that, unanimously advise him to request

colonel Dalrymple to order them to the castle. To the colonel he says,

“I have nothing to do with it, it lies wholly with you.” While they are

pressing him, the people are informed, that the colonel is ready to

remove the rigiments, if the lieutenant governor will only join in

desiring it. He inclines to stand out, and to leave it with the colonel

and council to settle as they can agree about the business. He

deliberates till near night, dreading lest any one measure he may adopt,

shall lessen him in the opinion of the ministry and endanger his

advancement. At length the secretary, Mr. _Oliver_, perceiving how

artfully matters are managed, whispers him in the ear, “you must either

comply or determine to leave the province.” This prevails; he complies

with the advice of the council, and the general ferment begins to

subside. The troops, however, are not removed so early as is expected by

the town; they continue till the next Monday; and upon the colonel’s

being asked the reason, he mentions that it lies at the door of the

lieutenant governor, who shuffles with the colonel, in hope that some

occurrence will exist, which may exempt him from being charged with

occasioning the removal of the troops by the interposition of his

advice.

Meanwhile captain Preston and his party are committed to jail. One of

the wounded men dies. It is determined to bury the four persons[105] in

one vault, and in a peculiarly respectful manner. [March 8.] The

generality of the shops in town are shut. All the bells of Boston,

Charlestown, and Roxbury, are ordered to toll in the most doleful tone.

The corpses form a junction in King-street, where they fell when the

soldiers fired. Hence they proceed in orderly succession through the

main street, followed by an immense concourse of people, so numerous as

to be obliged to go in ranks of six a-breast, and the whole closed by a

long train of carriages belonging to the principal gentry of the town.

Thus are they distinguished and honorably attended to the place of

interment, with unparalleled pomp, not on account of personal merit, but

to express the vehement indignation of the inhabitants against the

slaughter of their brethren, by the British soldiery quartered among

them, in violation, as they imagine, of their civil liberties.

[October 24.] Captain Preston’s trial begins. Messrs. John Adams and

Josiah Quincy are his council. They are warm in the cause of liberty,

and offend several of their own party by undertaking the defence of the

prisoner; but faithfully employ their distinguished abilities in his

behalf. The trial does not finish till the thirtieth. While carrying on,

Mr. Quincy pushes the examination and cross-examination of the witnesses

to such an extent, that Mr. Adams, in order to check it, is obliged to

tell him, that if he will not desist, he shall decline having any thing

further to do in the cause. The captain and his friends are alarmed, and

consult about engaging another counsellor; but Mr. Adams has no

intention of abandoning his client. He is sensible that there is

sufficient evidence to obtain a favorable verdict from an impartial

jury; and only feels for the honor of the town, which he apprehends will

suffer yet more, if the witnesses are examined too closely and

particularly, and by that mean more truth be drawn from them than what

has an immediate connection with the soldiers firing, by or without the

orders of the captain. When the trial is ending, judge Lynde, toward the

close of his speech, says, “Happy am I to find, after such strict

examination, the conduct of the prisoner appears in so fair a light; yet

I feel myself deeply affected, that this affair turns out so much to the

disgrace of every person concerned against him, and so much to the shame

of the town in general.” The jury returned their verdict—Not guilty.

[Nov. 27.] On Tuesday commences the trial of William Wemms, James

Hartegan, William M‘Cauley, Hugh White, Matthew Killroy, William Warren,

John Carrol, and Hugh Montgomery, soldiers in the 29th regiment, for the

murder of Crispus Attucks, Samuel Gray, Samuel Maverick, James Caldwell,

and Patrick Carr, the last of whom did not die till ten days after he

was wounded. The soldiers have the same counsel that was engaged for

their captain. The trial is continued from day to day, Sunday excepted,

till Wednesday, December the fifth. Attempts were made to prejudice the

people against the prisoners, one especially in a certain weekly paper

the day before the trial began. The publication included an insult on

the supreme court, and expressed the greatest malignity of heart.—To

counteract the baneful effects of all such proceedings, Mr. Quincy, in

his address to the justices and jury, observes—“We must steel ourselves

against passions, which contaminate the fountain of justice. Let it be

borne deep upon our minds, that the prisoners are to be condemned by the

evidence _here in court_ produced against them, and by nothing else.

Matters heard or seen abroad, are to have no weight; in general they

undermine the pillars of justice and truth. As though a series of _ex

parte_ evidence was not enough, all the colours of the canvas have been

touched in order to freshen the wounds, and by a transport of

imagination we are made present at the scene of action. The prints

exhibited in our houses have added wings to fancy, and in the fervor of

our zeal, reason is in hazard of being lost. The pomp of funeral, the

horrors of death, have been so delineated, as to give a spring to our

ideas, and inspire a glow incompatible with sound, deliberate judgment.

In this situation, every passion has alternately been predominant. They

have each in turn subsided in degree, and they have sometimes given

place to despondence, grief, and sorrow. How careful should we be, that

we do not mistake the impressions of gloom and melancholy, for the

dictates of reason and truth! How careful, lest borne away by a torrent

of passion, we make shipwreck of conscience!

“Many things yet exist sufficient to keep alive the glow of indignation.

I have aimed at securing you against the catching flame. I have

endeavored to discharge my duty in this respect. What success will

follow those endeavors, depends on you, gentlemen. If being told of your

danger will not produce caution, nothing will. If you are determined in

opinion, it is in vain to say more; but if you are zealous enquirers

after the truth; if you are willing to hear with impartiality, to

examine and judge for yourselves, enough has been said to apprize you of

those avenues at which the enemies of truth and justice are most likely

to enter, and most easily to beset you.”

When the evidence in favor of the prisoners is finished, Mr. Quincy

resumes his address—“I stated to you, gentlemen, your duty in opening

this cause. I pointed out the dangers to which you were exposed. How

much need was there that you should suspend your judgment till the

witnesses were all examined!—How different is the complexion of the

case? Will not all this serve to show every honest man the little truth

to be attained in partial hearings? This trial ought to have another

effect; it should serve to convince us all of the impropriety, nay,

injustice, of giving a latitude in conversation upon topics likely to

come under a judicial decision; the criminality of this comduct is

certainly inhanced, when such loose sallies and discourses are so

prevalent as to be likely to touch the life of a citizen. In the present

case, how great was the prepossession against us! and I appeal to you,

gentlemen, as to what cause there now is to alter our sentiments.”

In the course of pleading, he is under a necessity of saying,—“And here,

gentlemen, I must first tell you by what law the prisoners are _not_ to

be tried or condemned. And they most certainly are _not_ to be tried by

the _Mosaic_ law: a law we take it, especially designed for the

government of a peculiar nation, who being in a great measure under a

theocratical from of government, its institutions cannot, with any

propriety, be adduced for our regulation in these days. It is with pain,

therefore, I have observed any eadeavor to mislead our judgment on this

occasion, by drawing our attention to the precepts delivered in the days

of Moses: and by disconnected passages of scripture, applied in a manner

foreign to their original design or import, there seems to have been an

attempt to touch some peculiar sentiments which we know are thought to

be prevalent; and in this way we take it, an injury is like to be done,

by giving the mind a bias it ought never to have received, because it is

not warranted by our laws.”

“We have heard it publicly said of late, oftener than formerly,

_Whosoever sheddeth man’s blood, by man shall his blood be shed_. This

is plainly, gentlemen, a general rule, which like all others of the kind

must have its exceptions—a rule, which if taken in its strict literal

latitude, would imply, that a man killing another in self-defence, would

incur the pains of death—a doctrine that certainly never prevailed under

the _Mosaical_ institution; for we find the _Jews_ had their six cities

of refuge, to which the man-slayer might flee from the avenger of

blood.” Let it be observed _en passant_, that it was ordained that the

man-slayer should abide in the city of refuge till the death of the

high-priests, so every person to escape such confinement and restraint,

would be extremely careful lest he should prove the casual occasion of

another’s death; and would not venture upon gratifying a settled or

sudden evil disposition, by needlessly slaying a fellow-creature,

because it would pass for chance-medly. But to go on in company with Mr.

Quincy. “And so, that _the_ MURDERER _shall flee to the pit_, comes

under the same consideration. And when we hear it asked, as it very

lately has been,” Who DARE stay him? “I answer, if the laws of our

country stay him, you ought to do likewise; and every good subject

_dares_ to do what the law allows. But the very position is _begging the

question_; for the question now in issue is, whether either of the

prisoners is _a murderer_ in the sense of our laws, what is murder and

what not, is a _question of law_ arising upon facts stated and allowed.”

“Again, you shall take no satisfaction for the life of a _murderer_, who

is _guilty of death_.” Here again is a begging the question; and

moreover the words _guilty of death_, if rightly considered, must be one

of those general rules which always have their exceptions. But in the

margin of our great bible, we find them rendered _faulty to die_.

Against a position of this kind we have no objection. If we have

committed _a fault_, on which our laws inflict the punishment of

_death_, we must suffer. But what fault we have committed, you are to

inquire; or rather you, gentlemen, are to find the _facts proved in

court against us_, and the judges are to see and consider what the law

pronounces touching our offence, and what punishment is thereby

inflicted as a penalty.”

Mr. John Adams, in his pleadings, produces from the best authorities,

those rules of law which must govern all cases of homicide, and

particularly that which is before the court; and then considers the

evidence, to see whether any thing has occurred that may be compared to

the rules of law. He enters into a minute consideration of every witness

produced on the crown side; and endeavours to show from the evidence on

that side, that the assault upon the party was sufficiently dangerous to

justify the prisoners; at least that it was sufficiently provoking to

reduce to manslaughter the crime even of the two, who are supposed to be

proved guilty of having killed. He then proceeds to consider the

testimonies of the witnesses for the prisoners; and concludes with—“I

will enlarge no more on the evidence, but submit to you,

gentlemen.—Facts are stubborn things; and whatever may be our wishes,

our inclinations, or the dictates of our passions, they cannot alter the

state of facts and evidence: nor is the law less stable than the fact.

If an assault was made to endanger their lives the law is clear, they

had a right to kill in their own defence. If it was not so severe as to

endanger their lives, yet if they were assaulted at all, struck and

abused by blows of any sort, by snow-balls, oyster-shells, cinders,

clubs, or sticks of any kind, this was a provocation for which the law

reduces the offence of killing down to manslaughter, in consideration to

those passions in our nature which cannot be eradicated.—To your candor

and justice I submit the prisoners and their cause.”

“The law, in all vicissitudes of government, fluctuations of the

passions, or flights of enthusiasm, will preserve a steady undeviating

course; it will not bend to the uncertain wishes, imaginations, and

wanton tempers of men. To use the words of a great and worthy man, a

patriot, and an hero, an enlightened friend of mankind, and martyr to

liberty, I mean ALGERNON SIDNEY, who from his earliest infancy sought a

tranquil retirement under the shadow of the tree of liberty, with his

tongue, his pen, and his sword. “The law (says he) no passion can

disturb. ’Tis void of desire and fear, lust and anger. ’Tis mens _sine

affectu_; written reason; retaining some measure of the divine

perfection. It does not enjoin that which pleases a weak, frail man, but

without any regard to persons, commands that which is good, and punishes

evil in all, whether rich or poor, high or low. ’Tis deaf, inexorable,

inflexible.” On the one hand it is inexorable to the cries and

lamentations of the prisoners; on the other it is deaf, deaf as an adder

to the clamors of the populace.”

The judges when summing up the evidence to the jury, and giving their

opinions of the constructions of law upon the evidence apply themselves

to the removing of those bad impressions, which may possibly have been

made upon the jury by the misconstruction of scripture passages. Says

one of them—“In the course of this year you doubtless have heard much of

the law given to the _Jews_ respecting homicide, as well as of the

precept given to Noah, that _whoso sheddeth man’s blood, by man shall

his blood be shed_. Whence it has been inferred, that whosoever

_voluntarily_ kills another, whatever the inducement or provocation may

be, is a _murderer_, and as such ought to be put to death.—But surely

not only the avenger of blood, and he who killed a thief breaking up a

house in the night, were exceptions to that general precept, but also he

who killed another in his own defence. Even the Jewish doctors allowed

this, and that justly; because the right of self defence is founded in

the law of nature.” It appears upon the trial, that the facts related

above, under the fifth of March are well attested. There are no less

than _thirty-eight_ witnesses to prove a design to attack the soldiers.

Six of whom the council for the king have produced. Nigh _thirty_

witnesses have sworn to words of provocation uttered against the

prisoners, as daring them to fire, and threatening to kill them; and

_twenty-five_ have witnessed to _ice_, _snow-balls_, _sticks_, &c. being

thrown at them, ten, of whom are witnesses for the crown.—There is

evidence that Patrick Carr, one of the deceased, repeatedly declared and

confirmed the same but a few hours before he died—that he went with a

design against the soldiers; that he thought they were abused and would

have fired before; that he forgave and did not blame the man, whoever he

was that shot him; that he blamed himself for going to the riot, and

might have known better, for he had seen soldiers called to quell riots,

but never saw any bear half so much before. The jury withdrew for about

two hours and a half. Upon comparing the evidence, they cannot be

convinced that the soldiers were not too hasty in firing. Was there

evidence of all having fired, they would convict all of manslaughter;

but it is agreed on all hands, that no more than seven guns were fired,

consequently one is innocent, and they choose that the guilty shall

escape rather than one innocent person be convicted.[106] They return

into court and agree, that as to Wemms, Hartegan, M‘Cauley, White,

Warren, and Carrol, they are not guilty, on which they are immediately

discharged. As to Killroy and Montgomery, they agree that they are not

guilty of murder, but of manslaughter. Both pray the benefit of clergy,

which is allowed; each is burnt in the hand in open court, and

discharged. [Dec. 5.] The trial has been long, but the issue of it, as

well as of that of the captain’s, may be brought in proof of the

integrity of Boston juries, venturing to give upright verdicts in

defiance of popular opinions.

[Dec. 12.] Edward Manwaring, esq. John Munroe, gentleman, Hammond Green,

boat-builder, and Thomas Greenwood, labourer, were tried for being

present, aiding, assisting, &c. William Warran in the murder of Crispus

Attucks. The whole evidence consisted in one witness’s declaring that he

saw two flashes from the custom-house, one from the balcony, the other

from a chamber window, and a person in the balcony with a gun or pistol

in his hand; and in the testimony of a French boy, servant to Mr.

Manwaring, who swore to his being at the custom-house when the soldiers

fired, and to a story of persons firing out of the chamber window. The

falsehood of the whole evidence was immediately detected by a number of

the most creditable witnesses, so that the jury acquitted the prisoners

without going from their seats.

In the pleadings upon the trials, (of the soldiers especially) Mr. John

Adams discussed the subject of homicide so largely, and showed so fully

by what a variety of circumstances it was reduced to manslaughter, that

the popular leaders perceived the necessity of altering their plan of

opposition to the military, and from thence forward promoted a

particular attention to the militia and the manual exercise, that the

country might be qualified for repelling arms by arms, whenever the same

should be requisite for the preservation of their liberties.

The ferment occasioned by the minesterial measures did not subside in

the New-York colony any more than in the Massachusetts.

About the middle of January, and at night, the _liberty-pole_ was cut

down by the soldiery, which enraged the inhabitants, and produced much

disturbance and riot afterward between them and the troops. The soldiers

posted up papers about the city against the sons of liberty which

occasioned a considerable affray.—The opposition soon expressed their

determination to preserve, by erecting a new _liberty-pole_, strongly

secured with iron, to prevent its being demolished. The _May-poles_ in

different parts of the continent had changed their names, or given place

to _liberty-pole_, after the exhibition upon the liberty tree at Boston

during the stamp act. The conduct of the soldiers was probably owing to

the measures which had been taken the preceding month, in order to

prevent the assembly’s granting money for the support of the troops. The

assembly had in their former session, voted to supply his majesty’s

troops quartered in the colony, which gave great umbrage. To quiet the

people they made a unanimous declaration, that it should be the last

supply they would ever grant, until their grievances were redressed, and

it gave satisfaction. But the house in the present session, passed a

vote for a further supply of £.2000 which greatly inflamed the minds of

the inhabitants. Two papers were published upon the occasion: the one

addressed _to the betrayed inhabitants of the city and colony of_

NEW-YORK, and signed A SON OF LIBERTY: the other signed LEGION, desiring

the inhabitants to meet in the fields. The papers were voted _false_,

_seditious_, and _infamous_ libels by the assembly, who desired the

lieutenant governor to issue out proclamations, offering a reward for

the discovery of the authors, £.100 for the first, and £.50 for the last

A stripling who had been journeyman to the printer of the first, but

discharged for bad behavior, allured by the proffered reward, lodged a

complaint against his late master, who was terrified into a discovery of

Mr. _M‘Dougall_ as the publisher. Mr. _M‘Dougall_ was by the chief

justice’s warrant brought before him, and upon refusing to give bail was

committed to jail. [Feb. 8.] In consequence of the second paper, about

1400 inhabitants met, and appointed Mr. _John Lamb_ to propound

questions relative to the vote of the assembly. After explaining it, the

question was put, “Do you approve of the vote?” _No_ was the answer. He

proceeded, “Are you for giving money to the troops, on any consideration

whatsoever?” It was again _No_. There were but about half a dozen for

the affirmative upon either of the questions. He then asked, “Will you

appoint a committee to communicate the whole of this transaction to your

members?” _Yes_ was the word. They then appointed for the committee,

Messrs. _Isaac Sears_, _Casper Wister_, _Alexander M‘Dougall_, _Jacobus

Van Zandt_, _Samuel Broome_, jun. _Erasmus Williams_, and _James Van

Vaurk_.—The meeting in the fields, and the transactions at it, were

several weeks before the discovery and commitment of Mr. _M‘Dougall_.

Mr. _Lamb_ was called before the house to answer for his conduct; but in

the mean time the committee wrote to the speaker, acknowledging

themselves, in every respect parties with him, and answerable for each

step that had been taken, and ready to defend their conduct in a

constitutional manner. When Mr. _Lamb_ appeared before the assembly, he

told them that he had assembled with the rest of his fellow-citizens,

and had proposed _questions_, which as a citizen, a freeman, and an

_Englishman_, he had a right to do, and was surprised to hear it

controverted. The house finding that they had to do with the men of sens

and resolution, who were determined upon supporting the rights of their

countrymen and fellow citizens, gave up the point and dismissed them.

Their vote of £.2000 for the troops soon passed into a law: but the

deficiency demanded by the lieutenant governor as arrears amounted to

upward of £.1000 was left unpaid. Had there been a provision for the

arrears; the compliance of the mutiny act would have been formal and

complete. The matters were carried so far must be attributed to an

extraordinary and sudden coalition in the assembly between politicians,

who had long been at mortal variance.

[April.] The grand jury found a bill against captain _M‘Dougall_, but

the trial was put off; and he was bailed out of jail.—When he house met

again toward the close of the year, he was ordered to attend at their

bar. The speaker asked him whether he was the author or publisher of the

address, &c. He declined answering, and assigned his reasons. It was

resolved, that in his reply he denied the authority of the house, and

was therefore guilty of a high contempt. On his refusing to ask pardon

of the house, he was ordered into custody, and the speaker issued his

warrant to the jail-keeper of the city to receive and keep him prisoner

until he should be discharged by due course of law. He remained in jail

till the assembly was prorogued on the 25th of the following February

1771, when he was enlarged after a confinment of near three months. It

was not till March the 27th that he was discharged from his

recognizance, by the supreme court then sitting at _New-York_, (without

having been brought to a trial) after having been under bonds for near

twelve months, and suffered twenty and three weeks actual imprisonment.

He was the first sufferer for liberty after the commencement of the

united efforts of the American sons to frustrate the ministerial plans

for encroaching upon, and eventually subverting their long claimed and

enjoyed rights and privileges. This honor belongs to a gentleman born in

Scotland, and who is indeed, what he signed himself, _A son of Liberty_.

He bore his imprisonment with fortitude; but the disagreeableness of it

was much lessened, and the disgrace of it wholly removed, as the

citizens of the highest and best characters ladies and gentlemen

resorted to the place of his confinement. His character as well as his

case was good; so that the most virtuous espousers of the latter were

neither afraid nor ashamed, by their repeated visits, to afford him

their public countenance.

The _Massachusetts_ again demands your attention.

[May 31.] The new general court met at _Cambridge_; the house

remonstrated against being held there, or at any other place than

_Boston_; and by a majority of 69 out of 102, voted it to be a very

great grievance, and resolved not to do business out of _Boston_; on

which the lieutenant governor prorogued them.

[July 25.] They met again, but the assembly refused to do business; and

in their message to Mr. _Hutchinson_, insited upon the right of people

to appeal to heaven in disputes between them and persons in power, when

there is an abuse of power; but they softened what they advanced, by

saying “We would, however, by no means be understood to suggest, that

this people have occasion at present to proceed to such extremity”; and

yet they afterward added, “these and other grievances and cruelties, too

many to be here enumerated, and too melancholy to be much longer borne

by this people, we have seen brought upon us by the devices of the

ministers of state.” They were prorogued afresh.

[Sept. 26.] They met a third time. The lieutenant governor told them

that the garrison at the castle in the pay of the province was to be

withdrawn by order of his majesty, and the fortress to be garrisoned by

regular forces. His orders were to deliver the possession of the fort to

such officer as general _Gage_ should direct to take the command of it.

The information excited a suspicion in the assembly, who despaired of

obtaing a removal to Boston by persisting in a refusal to do business;

the leaders therefore procured this vote: [Sept. 29.] “Rosolved, that

the next Wednesday [Oct. 3.] be observed by the two houses as a day of

prayer, to seek the Lord for his direction and blessing,” which went up

to the council, and was unanimously concurred. Men of profane cast are

too prone to ridicule religion, because of its being made a

stalking-horse to serve the purposes of politicians. Would they confine

their wit and satire to the parties offending, the correction would be

proper. But let not the well-intentioned and undesigning children of

devotion, be charged with hypocritical canting, because they are imposed

upon and duped by the subtelty of guides, who, like most thorough-paced

politicians, can change themselves into angels of light, that they may

perfect their devices.

[Oct 9.] The house resolved to proceed to business from absolute

necessity, protesting against the restraint the general court was held

under to do it out of _Boston_. A few days after, they sent to the

lieutenant governor to know whether he held the command at the _Castle_.

“If the custody and government of that fortress,” said they, “is now

lodged with the military power, independent of the supreme civil

magistrate within this jurisdiction, it is so essential an alteration of

the constitution as must justly alarm a free people.” His answer was so

worded, as to leave the assembly, in general, ground for concluding that

the military in the castle were dependent upon himself the same as were

the provincials. When he delivered it up, he repaired thither, sent for

the keys, and upon colonel _Dalrymple’s_ coming into the state room with

his officers, gave them to him, and lodged with him the custody and

government of the fort; but retained some trifling appearances of

superior command. He soon learnt, however, that he could not come at a

flag when in want of it, or even oars for a boat, without applying to

general _Gage_.

[Nov. 6.] The representatives resolved, that the merchants having

receded from their non-importation agreement, &c. they would discourage

prodigality, extravagance, and the use of foreign superfluities; and

promote industry, frugality, and their own manufactures in the several

towns they represented.

[7.] They appointed a committee of correspondence to communicate

intelligence to the agents and others in Great-Britain, and to the

speakers of their several assemblies through the continent, or such

committees as they have appointed or may appoint.

Before the lieutenant governor prorogued them, he observed to them, that

since they had discovered a resolution to remove unnecessary obstacles,

they had done more business, notwithstanding all the inconveniencies

from the place of holding the court, which they had insisted upon, than

he remembered to have been done in the like space of time since he had

shared in public affairs.

[April 3, 1771.] The following spring-session produced nothing very

material, but afforded him the pleasing opportunity of acquainting the

general court, in form, of his being appointed captain-general and

commander in chief over the province. The council presented a

congratulatory address, and expressed their satisfaction at his

appointment. Upon the question in the house of assembly, whether to

appoint a committee to prepare an address, their was a negative. The

house, however, afterward requested the removal of the general court to

_Boston_ which was not granted.

[May 29.] They met, as the year before, at _Cambridge_. In three weeks

the assembly protested against his excellency’s convening them there,

and afterward appointed a committee of correspondence.

[July 4.] The governor informed the house, that by his majesty’s

instruction, he was forbidden giving his consent to such an act as

subjects the officers of the crown to be taxed, by the assessors in the

towns where they reside, for the profits which they receive from their

commissions, although their offices have no relation to the province, so

that the tax-bill must be qualified.

[5.] The house, by message, expressed their surprise and alarm at the

reason assigned for his not assenting to the tax-bill, and said, “We

know of no commissioners of his majesty’s customs, nor of any revenue

his majesty has a right to establish in _North-America_. We know and

feel a tribute levied and extorted from those, who, if they have

property, have a right to the absolute disposal of it.”

Had it been known, how insignificant the taxes were which the officers

of the crown were required to pay, it is hard to conceive how wisdom

could have dictated such instruction, and have ventured to give a fresh

disgust to those, who were already too much irritated. However, the

governor’s instructions did not oblige him to confine the general court

to _Cambridge_, and he might have removed them to _Boston_; but by

showing a firmness in opposing their desires, while they protested

against the restrant they were under, he meant to recommend himself to

the ministry. By the same intention he was induced, in a great measure,

to refuse his consent to the grants made to Mr. _Bollan_ and Mr. _De

Berdt’s_ executors by this assembly, as he had done in respect to those

made by the preceding. These refusals served to keep up the animosity.

The disposition to import goods into the Massachusetts, in defiance of

the laws of revenue and trade, and to support such practices by open

violences upon the officers, whose duty it was to carry the laws into

execution, broke out upon many occasions; and, as usual, the magistrates

declined giving their assistance and support, being in principle opposed

to such laws, as fundamentally defective in point of rectitude. The like

disposition to import goods prevailed in the other colonies; but there

was no call to go into the like open violences.

[Dec. 3.] Mr. Otis, jun. was carried off in a post-chaise, bound hand

and foot, his reasoning powers being wholly deranged. This calamity,

which somewhat lessens the weight of opposition to ministerial measures,

is to be imputed, not to any effects of the affray with Mr. _Robinson_,

but rather to the high tone given to his animal frame by the strength of

his passions, and a failure in the point of temperance. The sons of

liberty would have sustained an excessive loss, had this event taken

place in the early stage of the opposition; but the times had brought so

many able persons of similar sentiments into the general court, who had

been training for four years, and were conversant with the political

management of public business, that the plans of the Massachusetts

anti-governmental party suffered no derangement.

An opportunity now offers of mentioning, that Sir Alexander Gilmour,

baronet, and George Dempster, esq. were the gentlemen who so nobly

distinguished themselves by voting for the repeal of the stamp act,

while all the other Scotch members present voted against it.

After what has been written and transmitted, you will judge yourself

under an obligation to return me speedy information of all that is doing

in Great-Britain relative to the American colonies.