_Roxbury, March 28, 1774._
Before you have an account of the American proceedings in respect to the
teas of the East-India Company, you must be presented with some matters
of an earlier date.
[May 14, 1773.] The Bostonians persisted in discovering on every
occasion, a determined opposition to ministerial measures. Twelve days
before the election day, the town resolved, “That if the council apply
for Faneuil-hall for to dine in on the anniversary election day, the
select men should not grant it but upon the express conditions that
neither the commissioners of the customs, nor their attendants, nor the
officers of the army and navy, stationed here for the purpose of
enforcing unconstitutional acts of parliament by military execution, be
invited.” It has been an established custom for the governor, council,
and many other gentlemen, to dine there on that day; but the resolve
prevented an application, and occasioned their dining elsewhere, with
the commissioners and officers.
Whether the votes of _Boston_, sent to _Virginia_, as the patriots say,
or their own private letters might or might not lead to it, the house of
burgesses resolved, in the beginning of March, to maintain an
intercourse with the sister colonies. They therefore appointed a
committee of eleven persons, “whose business it should be to obtain the
most early and authentic intelligence of all such acts and resolutions
of the British parliament, or proceedings of administration, as may
relate to or affect the British colonies, and to keep up and maintain a
correspondence and communication with their sister colonies.” They then
resolved, “That their speaker transmit to the speakers of the different
assemblies their resolutions, to be laid before their assemblies, and
requesting their appointing committees.” Nothing could be more
acceptable to the _Massachusetts_ assembly. It was the first particular
business they entered upon when they met. [May 28.] They came to several
resolves, and were careful in the first to speak highly in praise of
_Virginia_. They appointed a committee of fifteen members, and directed
them “to prepare a circular letter to the speakers, requesting them to
lay the same before their respective assemblies, in confidence that they
will comply with the wise and salutary resolves of the house of
burgesses of _Virginia_.” _Connecticut_, _Rhode-Island_, _Maryland_, and
_New-Hampshire_, entered into similar measures; but the answer ordered
by the _New-Hampshire_ assembly, to be given to the speakers of
_Virginia_ and _Rhode-Island_, was guardedly expressed; they gave
assurance that their sister colonies might rely upon their sincerely
joining them in every constitutional plan for securing the rights of
America. The institution of these committees tends greatly to unite the
colonies, and to render them more alert and formidable in resisting the
encroachments of ministry. They by this mean become early prepared to
meet new and unexpected occurrences; and are drawn in to look upon
themselves as jointly interested in each others safety and public
concerns.
An event has happened in the _Massachusetts_, which has excited on the
part of the people, the utmost indignation and animosity; on the side of
the governor and other, the greatest confusion.
The agent, Dr. _Franklin_, has by some means yet unknown, obtained and
sent over to Mr. Bowdoin, a number of letters, to be communicated by
him, after perusal, to a few trusty gentlemen, viz. the honorable James
Pitts, Mr. Thomas Cushing, Mr. Samuel Adams, Dr. Winthrop, Dr. Chauncey,
and Dr. Cooper: it is added, they are to be returned and put into the
place whence they were taken. The letters are signed _Tho. Hutchinson_,
_And. Oliver_, _Ch. Paxton_, _Thomas Moffat_, _Robert Achmuty_, _Nath.
Rogers_, _George Rome_. Though they were partly private and
confidential, they were designed to procure public coercive measures;
and tended to incense the mother country against her colonies, and by
the steps recommended, to widen the breach, which they have undoubtedly
effected. Their contents were the subject of conversation and solicitous
enquiry; till at length Mr. _Sam. Adams_ acquainted the assembly [June
2.] that he had perceived the minds of the people to be greatly agitated
with a prevailing report, that letters of an extraordinary nature had
been written and sent to England, greatly to the prejudice of this
province—that he had obtained certain letters, which with the consent of
the gentleman from whom he had received them, might be read in the house
under certain restrictions, namely, that the said letters be neither
printed nor copied in whole or in part; the proposal was considered, and
they were read under the said restrictions. A committee of the whole
house afterward reported, “that the tendency and design of said letters
was to overthrow the constitution of this government, and to introduce
arbitrary power into the province.”—Yeas 101—Nays 5.
The restrictions under which the letters were communicated, were
invalidated by contrivance; and in a week’s time [June 9.] Mr. _Hancock_
acquainted the house that he had received copies of certain letters,
which he supposed were copies of the letters before the house, and moved
that they might be compared. The next day [June 10.] one of a committee
appointed to consider some means whereby the house might be honorably
and fully possessed of the letters, reported, “That Mr. S. Adams had
acquainted him, that having conversed with the gentleman from whom he
received the letters, he was authorised to inform the house, that the
said gentleman consented (as he found that copies of said letters were
already abroad, and had been publicly read) that the house should be
fully possessed of them, to print, copy, or make what use of them they
pleased, relying on the goodness of the house, that the original letters
be returned, they retaining attested copies for their use.” Mr. S. Adams
being called upon, declared the same. [June 16.] At length the assembly
resolved to petition the king to remove governor _Hutchinson_ and
lieutenant governor _Oliver_ for ever from the government of the
province. [June 22.] They agreed also to furnish the council with the
original letters upon the express condition, that the board would by no
means suffer them to go out of their hands. The council complied with
the insulting stipulation aimed at the governor; and upon his requiring
the letters for examination, refused to deliver them into his hands, but
sent a committee to open them before him, that he might examine the hand
writing. [June 24.] To this indignity he was obliged to submit, as well
as to the mortification of acknowledging the signature. After which they
resolved, “that the removal of the governor and lieutenant governor will
be promotive of his majesty’s service.”
The _Boston_ committee of correspondence, that they might add weight to
the doings of the general court, enclosed the governor’s letters and
also the resolves of the house, in a spirited circular letter, and sent
them to the several town clerks through the province, to be communicated
to their respective towns.
The house of assembly in their petition and remonstrance to his majesty,
charged the governor and lieutenant governor with being betrayers of
their trusts and of the people they governed, and with giving private,
partial, and false information; declared them enemies to the colony; and
prayed for justice against them, and for their speedy removal. So
prevalent was the resentment, that these charges, with many others, were
carried through by a majority of 82 to 12.
To enter now upon the subject of the TEA. While the bill for allowing
the East-India Company to export it, was in parliament, letters from
Britain insinuated into the minds of the colonists, that a plan was laid
to bring them into a snare; that a noble resistance on this occasion,
would free them from the slavery intended for them; that if this
opportunity was lost they never would have another; and that if they
suffered the ships to land the tea, and the duty to be paid, they would
rivet their own chains. The British merchants have been alarmed with the
thought of the losses which must necessarily accrue to themselves from
the exportations of the company, and from the sales going through the
hands of consignees; and have contributed to the strengthening of that
resistance to which the people were already inclined; through their
prevailing jealousy at the reservation of the tea duty when the other
duties were repealed. The united opposition of the colonies was to be
secured; but the event was precarious. The _Bostonians_ were much
suspected by the sons of liberty in the other provinces, on account of
the many goods which were imported into the town during the general
non-importation agreement, and agreement of the teas contrary to the
agreement respecting that article. _New-York_ and _Philadelphia_ had
kept to the agreement, and had run all the teas that the market
demanded; but there had been imported into _Boston_, from the beginning
of 1768 to the end of last year, not less than 2714 chests, by more than
a hundred different persons. Mr. Hutchinson and his sons were
considerable importers. It was evident that the body of merchants could
not be depended upon. Mr. _Thomas Mifflin_, of Philadelphia, being at
Boston, put it therefore to the sons of liberty, when the teas were
expected, “Will you engage that they shall not be landed? If so, I will
answer for Philadelphia.”—They pledged their honor.
[Oct. 2.] The inhabitants of _Philadelphia_ assembled, and unanimously
entered into various resolves, in which they censured the resolution of
the East-India Company to send out their tea to America, subject to the
payment of duties on its being landed, as an open attempt to enforce the
ministerial plan, and a violent attack upon the liberties of America;
and declared it to be the duty of every American to oppose this attempt,
and that whoever should directly or indirectly countenance it, was an
enemy to his country. They then fixed upon a committee to wait on the
gentlemen, reported to be appointed to receive and sell the tea, and to
request their resigning. Within three days the whole number resigned;
Messrs. _Whartons_ and _Brown_, without making the least difficulty; the
other two, not till the treatment they met with (on appearing at the
coffee-house) for the shuffling answer they had given, convinced them
that it was not safe trifling with the public opinion. Since this
meeting, the Boston sons of liberty have assured by letter the sons of
liberty at Philadelphia, that no tea shall be landed.
At _New-York_, when captain _Sears_ and captain _M‘Dougall_ heard that
the tea was to be sent, they concluded that an opposition to it was
necessary, and agreed upon contriving to unite the tea-smugglers, the
merchants, and the sons of liberty in that service; and that captain
_M‘Dougall_ should write against the design of introducing and vending
the tea agreeable to the ministerial plan, but should remain concealed
as the author. A few of each class were called together, and the mode of
opposition settled. Publications, tending to spread and increase the
alarm of imminent danger to the liberties of the country, appeared
periodically. As the time approached for the arrival of the tea ships,
the publications became more spirited and threatening. [Nov. 5.] An
hand-bill addressed to the friends of liberty and commerce was
circulated through the city, calculated to provoke resentment against
all the encouragers of the tea plan. Afterward written papers were stuck
up at the coffee-house and other places [Nov. 8.] menacing destruction
to any person who should accept a commission for the sale of the
_East-India_ Company’s teas, or be an accessory. In rather more than a
week, there was published [Nov. 18.] a paper signed _Legion_, addressed
to the stated pilots of the port, and all others whom it might concern,
directing them how to proceed in reference to any tea-ship, and
requiring them, at their peril, to bring her no farther than the Hook.
In another paper, signed the _Mohawks_, the tea-ship is said to be laden
with fetters, forged for them in Great-Britain, and every vengeance is
denounced against all persons, who dare in any manner to contribute to
the introduction of these chains. In December, the _London_, captain
_Chambers_, and the tea ship arrived on the same day; the former came up
directly to the wharf, the other remained at the _Hook_, and was watched
till she returned, by a vessel stationed there for the purpose. On her
arrival a committee waited on the consignees, who, agreeable to a former
promise, assured them that they would neither receive nor sell the tea,
as it came liable to an _American duty_. Captain Chambers ventured to
bring seventeen chests on a private account, which were taken and thrown
overboard into the harbor. Had the company’s ship come to the wharf, she
would probably have been burnt, for captain _Sears_ and five others had
determined upon it, and provided themselves with combustibles for that
purpose.
At _Philadelphia_, printed papers were dispersed, warning the _Delaware_
pilots not to conduct any of the tea ships into harbor, as they were
only sent for the purpose of enslaving and poisoning all the Americans;
and at the same time plainly intimating, that it was expected they would
apply their knowledge of the river, under the colour of their
profession, so as effectually to secure their country from such an
imminent danger.
In most places the consignees were obliged to relinquish their
appointments, and to enter into engagements not to act in that capacity,
and no other persons daring to receive the cargoes consigned to them,
the captains of the New-York and Philadelphia ships, from these
circumstances, and the knowledge of the risk they ran from the
determined resolution of the people, concluded upon returning directly
to Great-Britain, without entangling themselves by any entry at the
custom-houses. But it was otherwise in the _Massachusetts_.
Methods were taken to spirit up the people at large by fugitive pieces,
hand-bills, resolves of town-meetings, the mutual intercourse of
committees, and the like. [Nov. 3.] At length some hundreds of the
inhabitants of _Boston_ and the neighboring towns, meet at
_Liberty-tree_, agreeable to a notification issued the day before, “for
to hear the consignees resign and swear, that they will re-ship any
teas, that may by the _East-India_ Company be assigned to them.” The
consignees are in general obnoxious to the public by reason of their
near and intimate connections with the governor, on whose support they
depend. They are not terrified into an appearance at the place proposed;
but meet together by agreement at the store of Mr. _Clark_, who is one
of them, in King-street. A committee is appointed by the assembly to
wait upon them with a message, to which they pay no regard. The people,
who attend the committee as spectators, upon this force open the doors
of the ware-house, and enter with great violence; and then attempt
getting up stairs into the compting-house but are driven back. [Nov. 5.]
The sons of liberty not having succeeded in this procedure, a
town-meeting of the freeholders and other inhabitants is called. A large
number is collected; and it is agreed to adopt the resolves of the
citizens of Philadelphia. A committee is chosen to wait upon the
consignees, who decline complying with the request of the town by
letters, which tho’ decent, are the next day voted daringly affronting,
when the meeting is immediately dissolved. Some of the sons of liberty
are fearful of pushing the matter too far, lest the town, and then the
colony, should be drawn into a quarrel with Great-Britain. To such it is
said, “It must come to a quarrel with Great-Britain and the colony,
sooner or later; and if so, what can be a better time than the present?
Hundreds of years may pass away before the parliament will make such a
number of acts in violation of the British constitution as it has done
of late years, and by which is has excited so formidable an opposition
to the measures of ministry. Beside, the longer the contest is delayed,
the more administration will be strengthened. Do not you observe, how
the government at home are increasing their party here, by sending over
young fellows to enjoy appointments, who marry into our first families,
and so weaken the opposition? By such like means, and by multiplying
posts and places, and giving them to their own friends, or applying them
to the corruption of their antagonists, they will increase their own
force faster in proportion, than the force of the country party will
increase by population. If then we must quarrel before we can have our
rights secured, now is the most eligible period. Our credit also is at
stake; we must venture; and unless we do, we shall be discarded by the
sons of liberty in the other colonies, whose assistance we may expect
upon emergencies, in case they find us steady, resolute and faithful.”
They conclude to venture onward.
[Nov. 18.] A new town-meeting is called, and a new committee appointed
to wait upon the consignees, to know whether they will resign their
appointment; to which they answer, “It is out of our power to comply
with the request of the town.” This answer may be built upon solemn
engagements not to resign; otherwise it is hard to conceive how it
should be more out of their power, than the power of the Philadelphia
consignees, who have resigned six weeks ago. It is a managed affair
between them and the governor, who calls a council for advice [Nov. 19.]
upon measures proper for preserving the peace, and for supporting the
authority of government. While the council are debating a petition of
the consignees is presented, praying leave to resign themselves and the
property committed to them, to his excellency and their honors as the
guardians of the people. After debate, the further consideration is
postponed to the 23d, then to the 27th, then to the 29th, when the
council make a few observations, decline complying with the petition,
and advise his excellency to renew his orders to the justices and
others, to exert themselves for the security of his majesty’s subjects,
the preservation of peace and good order, and for preventing all
offences against the law. About this time the consignees, consisting of
the governor’s sons, cousins, and particular friends, remove to the
castle for personal safety. The day before the last meeting of the
council, captain _Hall_ in the _Dartmouth_, came to an anchor near the
castle, having on board one hundred and fourteen chests of tea; and on
the day of their meeting comes into the harbour. On the same day a
notification is posted up in all parts of the town, inviting every
friend to his country to meet at nine o’clock to make united resistance
to the most destructive measures of administration. The Meeting of the
people at Boston and the neighbouring towns, is continued by adjournment
to the next day, [Nov. 30.] when it is determined that the tea shall be
returned. Faneuil-hall being too small for the assembly, they adjourn to
the Old South Meeting-house, and confirm the former determination by
voting, “that the tea shall not be landed, that no duty shall be paid,
and that it shall be sent back in the same bottom.” They further vote,
“that Mr. _Rotch_, the owner of the vessel, be directed not to enter the
tea at his peril, and that captain _Hall_ be informed, and at his peril
not to suffer any of the tea to be landed.” They also appoint a watch of
twenty-five men to be a guard upon the Dartmouth, lying at _Griffin’s_
wharf. A letter is received from the consignees, offering to store the
teas till they can write and receive further orders; but the proposal is
rejected. Mr. _Greenleaf_, the sheriff, appears and begs leave to read a
proclamation from the governor, which requires the people forthwith to
disperse and to surcease all further proceedings. He is allowed to do
it; and, upon finishing, there is a loud and general hiss. The people
afterward vote, “that captain _Bruce_, on his arrival do conform to the
votes respecting Hall’s vessel; that no tea from Great-Britain be landed
or sold till the act imposing the duty is repealed; that the captain of
the present watch be desired to make out a list for the next night, and
so on, until the vessels leave the harbor; that should the watch be
molested, that the inhabitants be alarmed by the tolling of the bells at
night, and the righing of them in the day; that six persons be appointed
to give notice to the country towns, upon any important occasion; that
every vessel arriving with tea have a proper watch, and that their
brethen in the country be desired to afford their assistance on the
first notice.” They determine to carry their votes and resolves into
execution at the risk of life and property; thank their brethren in the
neighbouring towns, and then dissolve the meeting.
After the dissolution, the committee of correspondence for the town of
Boston held their meetings, and invite the like committees of the
adjacent towns to join them; several do it; the whole jointly assume the
direction of all that relates to the teas of the East-India Company.
They keep a constant military watch of twenty-five men every night,
generally with fire arms, to prevent the tea being privately landed. The
vessels belonging to captains _Bruce_ and _Coffin_, are upon their
arrival ordered to Griffin’s wharf.
[Dec. 14.] The people of Boston and the neighboring towns, that have
agreed to act in concert with Boston, meet at the Old South
Meeting-house, and conclude upon ordering Mr. _Rotch_ to apply
immediately for a clearance for his ship. Meanwhile the governor
receiving intimation that she would be sent to sea, and that it might
not be through the ordinary channel by the castle, acquaints admiral
_Montague_, and desires him to take the proper precautions, on which the
admiral orders the Active and King Fisher to be fitted for sea, and to
fall down and guard the passages out of the harbour. The governor
likewise renews in writing his orders to colonel _Leslie_, to suffer no
vessel, coasters excepted, to pass the fortress from the town without a
permit signed by himself. A sufficient number of guns are loaded on this
special occasion.
The assembly are acquainted, that the collector cannot give Mr. _Rotch_
a clearance, until the vessel is discharged of dutiable articles. [Nov.
16.] Mr. _Samuel Philips Savage_, of _Weston_, is chosen moderator. The
number assembled from town and country is thought to be some thousands.
Upon the present crisis several gentlemen deliver their sentiments; and
Mr. _Josiah Quincy_, jun. his to the following purpose;—“It is not, Mr.
Moderator, the spirit that vapors within these walls that must stand us
in stead. The exertions of this day will call forth events, which will
make a very different spirit necessary for our salvation.—Whoever
supposes, that shouts and hosannas will terminate the trials of the day,
entertains a childish fancy. We must be grossly ignorant of the
importance and value of the prize for which we contend; we must be
equally ignorant of the power of those who have combined against us; we
must be blind to that malice, inveteracy, and insatiable revenge, which
actuate our enemies public and private, abroad and in our bosom, to hope
that we shall end this controversy without the sharpest, the sharpest
conflicts——to flatter ourselves that popular resolves, popular harangues,
popular acclamations, and popular vapor, will vanquish our foes. Let us
consider the issue. Let us look to the end.—Let us weigh and consider,
before we advance to those measures which must bring on the most trying
and terrible struggle this country ever saw.”
About three o’clock in the afternoon the question is put, “Will you
abide by your former resolution with respect to not suffering the tea to
be landed?” It passes in the affirmative, _nem. con._
Mr. _Rotch_ is ordered to make a protest, and procure a pass for his
vessel. He waits upon the governor at Milton, who offers to give him a
letter to the admiral for protection, which he declines, fearing in that
case the rage of the people, and being in no concern about his ship, as
that is not the object of resentment, but the tea. He intimates to the
governor, that some of the leaders of the people wish the ship to go
down and be stopped at the castle, “for then they will be rid of the
affair, and may say they have done all in their power.” While Mr. Rotch
is absent, the speakers in the meeting keep the people together by
engaging their attention till he returns, which is before six o’clock,
when he informs the body, that upon applying to the governor for a pass,
he received for answer, “I cannot give you a pass consistent with the
laws and my duty to my king, unless the vessel is properly qualified
from the custom-house.”—Upon this there is a great deal of disputing,
when a person disguised like an Indian, gives the war-whoop in the front
gallery, where there are few if any besides himself. Upon this signal it
is moved and voted that the meeting be immediately dissolved.—The people
crowd out and run in numbers to Griffin’s wharf. At the same instant a
number of persons, chiefly masters of vessels and ship-builders from the
north end of the town, about seventeen, though judged to be many more as
they run along, cross Fort Hill, dressed as Indians, and repair to the
tea ships; and in about two hours hoist out of them and break open 342
chests of tea, and discharge their contents into the salt water. They
are not in the least molested. The multitude of spectators upon and
about the wharf, serve as a covering party. The whole business is
conducted with very little tumult, and no damage done to the vessels or
any other property; when finished, the people return quietly to their
own towns and habitations.
Prior to the destruction of the tea, captain _Loring_ in a brig, being
the fourth and last vessel on the East-India Company’s account, was cast
ashore at Cape-Cod; and what tea was saved has been conveyed to the
castle.
The arrival of the tea ships first at Boston, the consignees refusing to
resign, though they had the example of others to induce them, and the
governor’s resolution to pay no regard to the voice of the public,
brought on the destruction of the tea. The sons of liberty were
sensible, that if it was landed and stored, it would some how or other
obtain a sale; and that the virtue of the people, to decline buying and
using a commodity to which they were so attached from love and habit,
was too precarious a ground on which to risk the salvation of their
country. They have been obliged, but with the utmost reluctance, to
venture upon a desperate remedy. Many of their friends, who are not
acquainted with circumstances, or do not attend to them, may be ready to
censure them severely. But had the tea been landed, the union of the
colonies in opposing the ministerial schemes would have been dissolved;
and it would have been extremely difficult ever after to have restored
it. The fulfilment of their solemn declaration, that the tea should not
be landed, though in a way which would not have been chosen had any
other effectual one offered, has secured them the good opinion and
confidence of their co-patriots in other parts. The governor has that
influence with the consignees, that he could undoubtedly have prevailed
on them to resign; but he has encouraged them to the contrary; and
therefore what he has written, “It has been absolutely out of my power
to prevent the destruction of the tea, without conceding to the
unreasonable demands of a lawless set of men, and thereby giving
government up and rendering myself obnoxious to my sovereign,” will
scarce be admitted as a sufficient justification. Sovereigns themselves,
upon special emergencies, wisely give place to the opinions and wishes
of their subjects; but are often disgraced and forced into difficulties,
through the want of like wisdom in their representatives. Had the
governor given a pass for the ship in the present instance, he would not
have been viewed by considerate persons as breaking either the laws or
his oath. Cases offer, when statute laws and oaths of office are
required to give place to the supreme law of society, the safety of the
community. Had he looked back to the time of the stamp act, he would
probably have found many precedents of ships having permits from his
predecessor in office, Sir Francis Bernard, to pass the castle without
being duly qualified for want of stamps; and yet the granting them did
not render Sir Francis obnoxious to his sovereign.—But the truth was,
Mr. _Hutchinson_ had repeatedly urged government at home to be firm and
persevering; this was a favorite topic on which he was often insisting;
he himself therefore could not think of yielding; and then he would not
believe that the people were determined at all adventures to perfect
their engagements; but expected that when the critical moment came, they
would desist. Whereas when that moment came, and the tea on board the
Dartmouth, captain Hall was in danger of being seized and secured by the
custom-house officers, who might have been supported by admiral
Montague, the sons of liberty projected the destruction of it in the
manner above related: and in order to make short work of the whole
business, and prevent their repeating the preceding formalities, they
did not confine their operations to the tea on board the Dartmouth, but
extended them to the teas brought in afterward by captains Bruce and
Coffin.
Some expected that the destruction of the tea will issue in the
destruction of the charter, which will make the inhabitants of the
colony furious beyond expression. One gentleman, apprehensive of the
fatal consequences that will follow upon the parliament’s meddling with
the charter, the great darling of the people, has written freely and
fully upon the subject to his correspondent, an influential member in
the house. Another, being desirous of learning the real sentiments of
the more moderate party, and of such as have not plunged themselves into
the politics of the day, has conversed with several of them; but has
discovered in them the warmest indignation and the highest resentment at
the thought of being deprived of their charter. A major in the militia
(whom Mr. Hutchinson honored with the commission, for his good conduct
as foreman of the jury on the trial of the soldiers for killing the
persons on the 5th of March, 1770) told him, “Sir, you know that I am a
friend to government, and wish to support it; but if there is an attempt
to take away our charter, I will fight up to my knees in blood in
defence of it.” The gentleman has perceived such a spirit to predominate
among all the people, that he has judged it right to communicate his
knowledge to Sir Francis Bernard, and to acquaint with his apprehensions
as to the fatal consequences which will follow upon the adoption of
violent measures. He has written also to another friend upon the
subject, in hope that the intelligence will get to the ministry, and
prove beneficial to the public by preventing harsh proceedings. At
Charleston the Carolinians have unloaded the tea, and stored it in
cellars, where it cannot be used, and where it will finally perish.
Let me pass from hence to relate the doings of the Massachusetts
assembly respecting the judges, which you will probably pronounce
intemperate.
The house being informed, that each of the judges refused to take more
than one half of the sum granted them the last year, which they
considered as implying on the part of the judges, a determination to
accept of their support from the crown, resolved, “That it is the
incumbent duty of the judges explicitly to declare, whether they are
determined to receive the grants of the general assemble, or to accept
of their support from the crown; and their delaying any longer to let
the public know their determination, will discover that they have little
or no regard for the peace and welfare of the province; and in such case
it will be the indispensable duty of the commons of this province, to
impeach them before the governor and council. Four of the judges, in the
beginning of February, 1774, acquainted the house they had received
their whole salary granted them by the general court, and not any part
of the grant made by the crown, and that they were determined still to
receive the grants of the general assembly, which was pronounced
satisfactory. But the chief justice, Peter Oliver, esq. sent them a
letter [Feb. 3.] informing them, That since being upon the bench
seventeen years, he had suffered above three thousand pounds sterling;
that he had been encouraged not to resign with the hope of a support,
but never had been relieved; that he had taken his majesty’s grant from
the 5th of July, 1772, to the 5th of January, 1774, and that without his
majesty’s leave he dare not refuse it.
[Feb. 11.] The house resolved, “That Peter Oliver hath, by his conduct
proved himself an enemy to the constitution of this province, and is
become justly obnoxious to the good people of it; that he ought to be
removed from the office of chief justice; and that a remonstrance and
petition to the governor and council for his immediate removal be
prepared”—yeas 96—nays 9.
[Feb. 24.] The house prepared to exhibit articles of impeachment, in
their own name, and the name of all the inhabitants of the province,
against the chief justice. His excellency excepted to the proceedings of
the house as unconstitutional; for which reason he could not give them
any countenance.
[March 1.] They prepared articles of high crimes and misdemeanors
against the chief justice, to present to his excellency and the council,
in which they said, “The salary, and hopes of augmentation must have the
effect of a continual bribe, and expose him to a violation of his oath.
His accepting hath betrayed the baseness of his heart and the lust
covetousness, in breach of his engagements to rely solely on the grants
of the assembly, necessarily implied and involved in his accepting said
office. By receiving a grant out of the revenue unjustly extorted from
the American colonies, he hath as far as lay in his power, put a
sanction on, and established the said revenue, counteracted the
reasonable petitions of the people to his majesty, and in defiance of
the known sense of the body of this people, hath wickedly endeavoured to
increase the discontent and jealousies of this people and the grievance
aforementioned.”
[March 9.] It was resolved, “That the house have done all that in the
capacity of representatives can be done for the removal of Peter Oliver;
and it must be presumed, that the governor’s refusing to take any
measure therein, is because he also receives his support from the
crown.”
It is not to be thought, that the leading gentlemen in these proceedings
expected to obtain the removal of the chief justice; but by the help of
them, they rendered him and the governor more and more obnoxious to the
body of the people; added to the dignity and importance of the house in
the eyes of the representatives, by placing them upon an apparent level
with the house of commons in Britain; and preservd the general animosity
against ministerial measures from falling into a decline.
The real, genuine sentiments of the professed patriots may be desired;
let me therefore mention, that these are divided in wish and opinion.
The great body of them through the several colonies, and even in this,
aim at no more than the removal of all the innovations since the
expiration of the war. They want to have matters revert back to the
state in which they were when the peace commenced, and to be fixed in
that state. They wish most ardently to continue in union with
Great-Britain; and abhor the thought of a separation. They judge that it
would be neither safe not beneficial; that it is infinitely more
eligible to have the protection of the mother country, and to remain
under her shadow; and that no greater happiness can be enjoyed by them,
than a thorough restoration of harmony and affection between them and
the parent state, so as to obliterate the remembrance of all past
animosity. But there are a few in this colony who hanker after
independency, and will be likely to bend their whole influence for the
obtaining of it, whenever there is the least opening to encourage their
efforts. At the head of these we must place Mr. _Samuel Adams_ who has
long since said in small confidential companies—“The country shall be
independent, and we will be satisfied with nothing short of it.” At one
time his influence was small, owing to defects in pecuniary matters,
especially as collector of the taxes for Boston, in which office he
served for years. He was accountable to the town for between one and two
thousand pounds; but a great part of it had never been gathered. What
with not pressing the payment of the taxes in time, as is too generally
the case; not calling when the money happened to be ready and other
casualties, no inconsiderable sum was lost. His necessities probably
(for he appears to be addicted to no extravagances) urged him to supply
himself, time after time, from the cash in hand, without attending to
the accumulation of the balance against him till called upon to settle.
The town had several meetings upon the business; at length, by the
exertion of his friends, a majority was obtained for the relinquishment
of the demand upon him. Since his first election into the house in 1765,
his influence had been gradually increasing, until he has obtained a
great ascendency in directing the town of Boston, and the house of
representatives, and conseqently the council. His abilities and policy
will foster the idea of independency, by the aids of those very
severities the ministry may adopt, in order to compel the colonies into
a submission to parliamentary authority in all cases whatever.