the times, to preach against such sins, as are most prevalent,
and recommend such virtues, as are most wanted. For example; if
exorbitant ambition, and venality are predominant, ought they not to
warn their hearers against their [Errata: these] vices? If public
spirit is much wanted, should they not inculcate this great virtue?
If the rights and duties of christian magistrates and subjects are
disputed, should they not explain them, shew their nature, ends,
limitations and restrictions, how much soever it may move the gall of
Massachusettensis?
Let me put a supposition:--Justice is a great christian, as well
as moral duty and virtue, which the clergy ought to inculcate and
explain. Suppose a great man of a parish should for seven years
together receive 600 sterling a year, for discharging the duties of
an important office; but during the whole time, should never do one
act or take one step about it. Would not this be great injustice to
the public? And ought not the parson of that parish to cry aloud
and spare not, and shew such a bold transgressor his sin? shew that
justice was due to the public as well as to an individual? and that
cheating the public of four thousand two hundred pounds sterling,
is at least as great a sin, as taking a chicken from a private hen
roost, or perhaps a watch from a fob?
Then we are told that newspapers and preachers have excited outrages
disgraceful to humanity. Upon this subject I will venture to say,
that there have been outrages in this province, which I neither
justify, excuse or extenuate; but these were not excited, that I know
of, by newspapers or sermons: that however, if we run through the
last ten years, and consider all the tumults and outrages that have
happened, and at the same time recollect the insults, provocations
and oppressions which this people have endured; we shall find the
two characteristics of this people, religion and humanity, strongly
marked on all their proceedings. Not a life, nor, that I have ever
heard, a single limb has been lost through the whole. I will take
upon me to say, there is not another province on this continent,
nor in his majesty's dominions, where the people, under the same
indignities, would not have gone greater lengths. Consider the
tumults in the three kingdoms, consider the tumults in ancient Rome,
in the most virtuous of her periods, and compare them with ours. It
is a saying of Machiavel, which no wise man ever contradicted, which
has been literally verified in this province; that "while the mass of
the people is not corrupted, tumults do no hurt." By which he means,
that they leave no lasting ill effects behind.
But let us consider the outrages committed by the tories. Half
a dozen men shot dead in an instant, in King Street, frequent
resistance and affronts to civil officers and magistrates, officers,
watchmen, citizens, cut and mangle in a most inhuman manner. Not
to mention the shootings for desertion, and the frequent cruel
whippings for other faults, cutting and mangling men's bodies before
the eyes of citizens; spectacles which ought never to be introduced
into populous places. The worst sort of tumults and outrages, ever
committed in this province, were excited by the tories. But more of
this hereafter.
We are then told that the whigs erected a provincial democracy,
or republic, in the province. I wish Massachusettensis knew what
a democracy, or republic is. But this subject must be considered
another time.
NOVANGLUS.
Messieurs Printers. Instead of _Cawings_ of Cormorants, in
a former paper, you have printed _Cooings_, too dove-like a
word for the birds intended.
ADDRESSED
_To the Inhabitants of the Colony of Massachusetts Bay_,
February 20, 1775.
MY FRIENDS,
We are at length arrived at the paper, on which I made a few
strictures, some weeks ago: these I shall not repeat, but proceed to
consider the other part of it.
We are told, "It is an universal truth, that he that would excite
a rebellion, is at heart, as great a tyrant, as ever wielded the
iron rod of oppression." Be it so. We are not exciting a rebellion.
Opposition, nay open, avowed resistance by arms, against usurpation
and lawless violence, is not rebellion by the law of God, or the
land. Resistance to lawful authority makes rebellion. Hampden,
Russell, Sydney, Somers, Holt, Tillotson, Burnet, Hoadly, &c. were
no tyrants nor rebels, although some of them were in arms, and the
others undoubtedly excited resistance, against the tories. Do not
beg the question, Mr. Massachusettensis, and then give yourself airs
of triumph. Remember the frank Veteran acknowledges, that "the word
rebel is a convertible term."
This writer next attempts to trace the spirit of opposition through
the general court, and the courts of common law. "It was the policy
of the whigs, to have their questions, upon high matters, determined
by yea and nay votes, which were published in the gazettes."
And ought not great questions to be so determined? In many other
assemblies, New York particularly, they always are. What better can
be devised to discover the true sense of the people? It is extremely
provoking to courtiers, that they cannot vote, as the cabinet
direct them, against their consciences, the known sense of their
constituents, and the obvious good of the community, without being
detected. Generally, perhaps universally, no unpopular measure in
a free government, particularly the English, ought ever to pass.
Why have the people a share in the legislature, but to prevent
such measures from passing, I mean such as are disapproved by the
people at large? But did not these yea and nay votes expose the
whigs, as well as tories, to the impartial judgment of the public?
If the votes of the former were given for measures injurious to the
community, had not the latter an equal opportunity of improving
them to the disadvantage of their adversaries in the next election?
Besides, were not those few persons in the house, who generally
voted for unpopular measures, near the governor, in possession of
his confidence? Had they not the absolute disposal in their towns
and counties of the favour of government? Were not all the judges,
justices, sheriffs, coroners and military officers in their towns,
made upon their recommendation? Did not this give them a prodigious
weight and influence? Had the whigs any such advantage? And does not
the influence of these yea and nay votes, consequently prove to a
demonstration, the unanimity of the people, against the measures of
the court?
As to what is said of "severe strictures, illiberal invectives,
abuse and scurrility, upon the dissentients," there was quite as
much of all these published against the leading whigs. In truth,
the strictures, &c. against the tories were generally nothing more,
than hints at the particular place or office, which was known to be
the temptation to vote against the country. That "the dissentient
was in danger of losing his bread and involving his family in ruin,"
is equally injurious. Not an instance can be produced of a member
losing his bread, or injuring his business, by voting for unpopular
measures. On the contrary such voters never failed to obtain some
lucrative employment, title, or honorary office, as a reward from the
court.
If "one set of members in committee had always prepared the
resolves," &c. which they did not; what would this prove, but that
this set was thought by the house the fittest for the purpose? Can it
ever be otherwise? Will any popular assembly choose its worst members
for the best services? Will an assembly of patriots choose courtiers
to prepare votes against the court? No resolves against the claims
of parliament or administration, or the measures of the governor,
(excepting those against the stamp act, and perhaps the answers to
governor Hutchinson's speeches upon the supremacy of parliament) ever
passed through the house, without meeting an obstacle. The governor
had to the last hour of the house's existence, always some seekers
and expectants in the house, who never failed to oppose, and offer
the best arguments they could; and were always patiently heard:
that the lips of the dissentients were sealed up; that they sat in
silence, and beheld with regret, measures they dared not oppose, are
groundless suggestions and gross reflections upon the honour and
courage of those members. The debates of this house were public, and
every man, who has attended the gallery, knows there never was more
freedom of debate in any assembly.
Massachusettensis, in the next place, conducts us to the agent, and
tell us "there can not be a provincial agent without an appointment
by the three branches of the assembly. The whigs soon found that they
could not have such services rendered them, from a provincial agent
as would answer their purposes."
The treatment this province has received, respecting the agency,
since Mr. Hutchinson's administration commenced, is a flagrant
example of injustice. There is no law, which requires the province to
maintain any agent in England; much less is there any reason, which
necessarily requires, that the three branches should join in the
appointment. In ordinary times, indeed, when a harmony prevails among
the branches, it is well enough to have an agent constituted by all.
But in times when the foundations of the constitution are disputed,
and certainly attacked by one branch or the other, to pretend that
the house ought to join the governor in the choice, is a palpable
absurdity. It is equivalent to saying that the people shall have no
agent at all; that all communication shall be cut off; and that there
shall be no channel, through which complaints and petitions may be
conveyed to the royal ear; because a governor will not concur in an
agent whose sentiments are not like his; nor will an agent of the
governor's appointment be likely to urge accusations against them,
with any diligence or zeal, if the people have occasion to complain
against him.
Every private citizen, much more, every representative body, has an
undoubted right to petition the king, to convey such petition by
an agent, and to pay him for his service. Mr. Bernard, to do him
justice, had so much regard to these principles, as to consent to the
payment of the people's agents, while he staid. But Mr. Hutchinson
was scarcely seated in the chair, as lieutenant governor, before
we had intelligence from England, that my lord Hillsborough told
Dr. Franklin, he had received a letter from governor Hutchinson
against consenting to the salary of the agent. Such an instruction
was accordingly soon sent, and no agent for the board or house,
has received a farthing for services, since that time, though Dr.
Franklin and Mr. Bollan have taken much pains, and one of them
expended considerable sums of money. There is a meanness in this play
that would disgrace a gambler; a manifest fear that the truth should
be known to the sovereign or the people. Many persons have thought
that the province ought to have dismissed all agents from that time,
as useless and nugatory; this behaviour amounting to a declaration,
that we had no chance or hopes of justice from a minister.
But this province, at least as meritorious as any, has been long
accustomed to indignities and injustice, and to bear both with
unparalleled patience. Others, have pursued the same method before
and since; but we have never heard that their agents are unpaid. They
would scarcely have borne it with so much resignation.
It is great assurance to blame the house for this, which was both
their right and duty; but a stain in the character of his patron,
which will not be soon worn out. Indeed this passage seems to have
been brought in, chiefly for the sake of a stroke or two, addressed
to the lowest and meanest of the people; I mean the insinuation that
the two agents doubled the _expence_, which is as groundless as it
is contracted; and that the ostensible agent for the province was
only agent for a few individuals, that had got the art of wielding
the house; and that several hundred sterling a year, for attending
levees and writing letters, were worth preserving. We, my friends,
know that no members have the art of wielding us or our house, but
by concurring in our principles, and assisting us in our designs.
Numbers in both houses have turned about and expected to wield us
round with them; but they have been disappointed, and ever will be.
Such apostates have never yet failed of our utter contempt, whatever
titles, places or pensions they might obtain.
The agent has never echoed back, or transmitted to America, any
sentiments, which he did not give in substance to governor Shirley,
twenty years ago; and therefore this insinuation is but another
slander. The remainder of what is said of the agency is levelled at
Dr. Franklin, and is but a dull appendix to Wedderburn's ribaldry,
having all his malice without any of his wit or spirit. Nero murdered
Seneca, that he might pull up virtue by the roots; and the same
maxim governs the scribblers and speechifiers, on the side of the
minister. It is sufficient to discover that any man has abilities and
integrity, a love of virtue and liberty; he must be run down at all
events. Witness Pitt and Franklin and too many others.
My design in pursuing this malicious slanderer, concealed as he is,
under so soft and oily an appearance, through all the doublings
of his tedious course, is to vindicate this Colony from his base
aspersions; that strangers now among us and the impartial public
may see the wicked arts, which are still employed against us. After
the vilest abuse upon the agent of the province and the house, that
appointed him, we are brought to his majesty's council, and are told
that the "whigs reminded them of their mortality--If any one opposed
the violent measures, he lost his election next May. Half the whole
number, mostly men of the first families, note, abilities, attached
to their native country, wealthy and independent, were tumbled from
their seats in disgrace. Thus the board lost its weight, and the
political balance was destroyed."
It is impossible for any man acquainted with this subject to
read this zealous rant, without smiling, until he attends to the
wickedness of it, which will provoke his utmost indignation. Let us
however consider it soberly.
From the date of our charter, to the time of the stamp act, and
indeed since that time (notwithstanding the misrepresentations of
our charter constitution, as too popular and republican) the council
of this province have been generally on the side of the governor and
the prerogative. For the truth of this, I appeal to our whole history
and experience. The art and power of governors, and especially the
negative, have been a stronger motive on the one hand, than the
annual election of the two houses on the other. In disputes between
the governor and the house, the council have generally adhered to
the former, and in many cases have complied with his humour, when
scarcely any council by mandamus, upon this continent, would have
done it.
But in the time of the stamp act, it was found productive of many
mischiefs and dangers, to have officers of the crown, who were
dependant on the ministry, and judges of the superior court, whose
offices were thought incompatible with a voice in the legislature,
members of council.
In May 1765, Lt. Gov. Hutchinson, Sec. Oliver, and Mr. Belcher were
officers of the crown, the judges of the superior court, and some
other gentlemen, who held commissions under the governor, were
members of council. Mr. Hutchinson was chief justice and a judge of
probate for the first county, as well as lieutenant governor, and a
counsellor; too many offices for the greatest and best man in the
world to hold, too much business for any man to do; besides, that
these offices were frequently clashing and interfering with each
other. Two other justices of the superior court were counsellors,
and nearly and closely connected with him by family alliances. One
other justice was judge of admiralty during pleasure. Such a jumble
of offices never got together before in any English government. It
was found in short, that the famous triumvirate, Bernard, Hutchinson
and Oliver, the ever memorable, secret, confidential letter writers,
whom I call the junto, had by degrees, and before the people were
aware of it, erected a tyranny in the province. Bernard had all
the executive, and a negative on the legislative; Hutchinson and
Oliver, by their popular arts and secret intrigues, had elevated
to the board, such a collection of crown officers, and their own
relations, as to have too much influence there; and they had three
of a family on the superior bench, which is the supreme tribunal in
all causes civil and criminal, vested with all the powers of the
king's bench, common pleas and exchequer, which gave them power over
every act of this court. This junto therefore had the legislative and
executive in their controul, and more natural influence over the
judicial, than is ever to be trusted to any set of men in the world.
The public accordingly found all these springs and wheels in the
constitution set in motion to promote submission to the stamp act,
and to discountenance resistance to it; and they thought they had a
violent presumption, that they would forever be employed to encourage
a compliance with all ministerial measures and parliamentary claims,
of whatever character they might be.
The designs of the junto, however, were concealed as carefully as
possible. Most persons were jealous; few were certain. When the
assembly met in May, 1766, after the stamp act was repealed, the
whigs flattered themselves with hopes of peace and liberty for
the future. Mr. Otis, whose abilities and integrity, whose great
exertions, and most exemplary sacrifices of his private interest to
the public service, had entitled him to all the promotion, which
the people could bestow, was chosen speaker of the house. Bernard
negatived the choice. It can scarcely be conceived by a stranger,
what an alarm this manoeuvre gave to the public. It was thought
equivalent to a declaration, that although the people had been so
successful as to obtain a repeal of the stamp act, yet they must not
hope to be quiet long, for parliament, by the declaratory act, had
asserted its supreme authority, and new taxations and regulations
should be made, if the junto could obtain them: and every man who
should dare to oppose such projects, let his powers, or virtues, his
family or fortune be what they would, should be surely cut off from
all hopes of advancement. The electors thought it high time to be
upon their guard. All the foregoing reasons and motives prevailed
with the electors; and the crown officers and justices of the supreme
court, were left out of council in the new choice. Those who were
elected in their places were all negatived by Bernard, which was
considered as a fresh proof, that the junto still persevered in their
designs of obtaining a revenue, to divide among themselves.
The gentlemen elected anew, were of equal fortune and integrity, at
least, and not much inferior in abilities to those left out, and
indeed, in point of fortune, family, note or abilities, the councils
which have been chosen from that time to this, taken on an average,
have been very little inferior, if any, to those chosen before. Let
Massachusettensis descend if he will, to every particular gentleman
by name through the whole period, and I will make out my assertion.
Every impartial person will not only think these reasons a full
vindication of the conduct of the two houses, but that it was their
indispensable duty to their country, to act the part they did; and
the course of time, which has developed the dark intrigues of the
junto, before and since, has confirmed the rectitude and necessity
of the measure. Had Bernard's principles of polity been published
and known at that time, no member of the house, who should have
voted for any of the persons then left out, if it was known to his
constituents, would ever have obtained another election.
By the next step we rise to the chair. "With the board, the chair
fell likewise," he says. But what a slander is this? Neither fell;
both remained in as much vigour as ever. The junto it is true, and
some other gentlemen who were not in their secret, but however had
been misled to concur in their measures, were left out of council.
But the board had as much authority as ever. The board of 1766
could not have influenced the people to acknowledge the supreme
uncontroulable authority of parliament, nor could that of 1765, have
done it. So that by the chair, and the boards falling, he means
no more, if his meaning has any truth in it, than that the junto
fell; the designs of taxing the Colonies fell, and the schemes
for destroying all the charters on the continent and for erecting
lordships fell. These, it must be acknowleged, fell very low indeed,
in the esteem of the people, and the two houses.
"The governor," says our wily writer, "could do little or nothing
without the council, by the charter." "If he called upon a military
officer to raise the militia, he was answered they were there
already," &c. The council, by the charter, had nothing to do with
the militia. The governor alone had all authority over them. The
council therefore are not to blame for their conduct. If the militia
refused obedience to the captain general, or his subordinate officer,
when commanded to assist in carrying into execution the stamp act,
or in dispersing those who were opposing it, does not this prove
the universal sense and resolution of the people not to submit to
it? Did not a regular army do more to James the second? If those,
over whom the governor had the most absolute authority and decisive
influence, refused obedience, does not this show how deeply rooted
in all men's minds was the abhorrence of that unconstitutional
power which was usurping over them? "If he called upon the council
for their assistance, they must first inquire into the cause." An
unpardonable crime, no doubt! But is it the duty of a middle branch
of legislature, to do as the first shall command them, implicitly,
or to judge for themselves? Is it the duty of a privy council, to
understand the subject before they give advice, or only to lend their
names to any edict, in order to make it less unpopular? It would
be a shame to answer such observations as these, if it was not for
their wickedness. Our council, all along however did as much as any
council could have done. Was the mandamus council at New York able to
do more, to influence the people to a submission to the stamp act?
Was the chair, the board, the septennial house, with the assistance
of general Gage and his troops, able to do more, in that city, than
our branches did in this province? Not one iota. Nor could Bernard,
his council, and house, if they had been unanimous, have induced
submission. The people would have spurned them all, for they are not
to be wheedled out of their liberties by their own representatives,
anymore than by strangers. "If he wrote to government at home to
strengthen his hands, some officious person procured and sent back
his letters." At last it seems to be acknowledged, that the governor
did write for a military force, to strengthen government. For what?
to enable it to enforce stamp acts, tea acts, and other internal
regulations, the authority of which the people were determined never
to acknowledge.