allowed, from the dearest affection to their native country, to which
they had every possible attachment, to go on in profound confidential
secrecy, procuring troops to cut our throats, acts of parliament
to drain our purses, destroy our charters and assemblies, getting
estates and dignities for themselves and their own families, and all
the while most devoutly professing to be friends to our charter,
enemies to parliamentary taxation, and to all pensions, without being
detected? How happy! if they could have annihilated all our charters,
and yet have been beloved, nay deified by the people, as friends and
advocates for their charters? What masterly politicians! to have
made themselves nobles for life, and yet have been thought very
sorry, that the two houses were denied the privilege of choosing the
council? How sagacious, to get large pensions for themselves, and yet
be thought to mourn, that pensions and venality were introduced into
the country? How sweet and pleasant! to have been the most popular
men in the community, for being staunch and zealous dissenters, true
blue Calvinists, and able advocates for public virtue and popular
government, after they had introduced an American Episcopate,
universal corruption among the leading men, and deprived the people
of all share in their supreme legislative council? I mention an
Episcopate, for although I do not know that governors Hutchinson and
Oliver ever directly solicited for bishops, yet they must have seen,
that these would have been one effect, very soon, of establishing the
unlimited authority of parliament!
I agree with this writer, that it was not the persons of Bernard,
Hutchinson or Oliver, that made them obnoxious; but their principles
and practices. And I will agree, that if Chatham, Campden and St.
Asaph, (I beg pardon for introducing these reverend names into
such company, and for making a supposition which is absurd) had
been here, and prosecuted such schemes, they would have met with
contempt and execration from this people. But when he says, "that
had the intimations in those letters been attended to, we had now
been as happy a people as good government could make us," it is
too gross to make us angry. We can do nothing but smile. Have not
these intimations been attended to? Have not fleets and armies
been sent here, whenever they requested? Have not governors',
lieutenant governors', secretaries', judges', attorney generals',
and solicitor generals' salaries been paid out of the revenue as they
solicited? Have not taxes been laid, and continued? Have not English
liberties been abridged as Hutchinson desired? Have not "penalties
of another kind" been inflicted, as he desired? Has not our charter
been destroyed, and the council put into the king's hands, as
Bernard requested? In short, almost all the wild mock pranks of
this desperate triumvirate have been attended to and adopted, and
we are now as miserable as tyranny can well make us. That Bernard
came here with the affections of New Jersey, I never heard nor read,
but in this writer. His abilities were considerable, or he could
not have done such extensive mischief. His true British honesty and
punctuality will be acknowledged by none, but such as owe all their
importance to flattering him.
That Hutchinson was amiable and exemplary, in some respects, and very
unamiable and unexemplary, in others, is a certain truth; otherwise
he never would have retained so much popularity on one hand, nor made
so pernicious a use of it on the other. His behavior, in several
important departments, was with ability and integrity, in cases which
did not effect his political system, but he bent all his offices to
that. Had he continued stedfast to those principles in religion and
government, which in his former life he professed, and which alone
had procured him the confidence of the people and all his importance,
he would have lived and died, respected and beloved, and have done
honor to his native country. But by renouncing these principles and
that conduct, which had made him and all his ancestors respectable,
his character is now considered by all America, and the best part of
the three kingdoms, notwithstanding the countenance he receives from
the ministry, as a reproach to the province that gave him birth, as
a man who by all his actions aimed at making himself great, at the
expense of the liberties of his native country. This gentleman was
open to flattery, in so remarkable a degree, that any man who would
flatter him was sure of his friendship, and every one who would not,
was sure of his enmity. He was credulous, in a rediculous degree,
of every thing that favoured his own plans, and equally incredulous
of every thing which made against them. His natural abilities which
have been greatly exaggerated by persons whom he had advanced to
power, were far from being of the first rate. His industry was
prodigious. His knowledge lay chiefly in the laws and politics and
history of this province, in which he had a long experience. Yet
with all his advantages, he never was master of the true character
of his native country, not even of New England and the Massachusetts
Bay. Through the whole troublesome period since the last war, he
manifestly mistook the temper, principles, and opinions of this
people. He had resolved upon a system, and never could or would see
the impracticability of it.
It is very true that all his abilities, virtues, interests and
connections, were insufficient; but for what? To prevail on the
people to acquiesce in the mighty claim of parliamentary authority.
The constitution was not gone. The suggestion, that it was, is a
vile slander. It had as much vigour as ever, and even the governor
had as much power as ever, excepting in cases which affected that
claim. "The spirit" says this writer "was truly republican." It
was not so in any one case whatever; any further than the spirit
of the British constitution is republican. Even in the grand
fundamental dispute, the people arranged themselves under their
house of representatives and council, with as much order as ever,
and conducted their opposition as much by the constitution as ever.
It is true their constitution was employed against the measures of
the junto, which created their enmity to it. However I have not such
an horror of republican spirit, which is a spirit of true virtue,
and honest independence; I do not mean on the king, but on men in
power. This spirit is so far from being incompatible with the British
constitution, that it is the greatest glory of it, and the nation has
always been most prosperous, when it has most prevailed and been most
encouraged by the crown. I wish it increased in every part of the
world, especially in America; and I think the measures, the tories
are now pursuing, will increase it to a degree that will ensure us,
in the end, redress of grievances and an happy reconciliation with
Great Britain.
"Governor Hutchinson strove to convince us, by the principles of
government, our charters and acknowledgments, that our claims were
inconsistent with the subordination due to Great Britain," &c. says
this writer.
Suffer me to introduce here, a little history. In 1764, when
the system of taxing and new modelling the Colonies was first
apprehended, lieutenant governor Hutchinson's friends struggled in
several successive sessions of the general court, to get him chosen
agent for the province at the court of Great Britain. At this time
he declared freely, _that he was of the same sentiment with the
people, that parliament had no right to tax them; but differed from
the country party, only in his opinion of the policy of denying that
right, in their petitions_, &c. I would not injure him; I was told
this by three gentlemen who were of the committee of both houses,
to prepare that petition, that he made this declaration explicitly
before that committee. I have been told by other gentlemen that he
made the same declaration to them. It is possible that he might make
use of expressions studied for the purpose, which would not strictly
bear this construction. But it is certain that they understood him
so, and that this was the general opinion of his sentiments until he
came to the chair.
The country party saw, that this aspiring genius aimed at keeping
fair with the ministry, by supporting their measures, and with the
people, by pretending to be of our principles, and between both to
trim himself up to the chair. The only reason why he did not obtain
an election at one time, and was excused from the service at another,
after he had been chosen by a small majority, was because the members
knew he would not openly deny the right, and assure his majesty, the
parliament, and ministry, that the people never would submit to it.
For the same reason he was left out of council. But he continued to
cultivate his popularity, and to maintain a general opinion among the
people, that he denied the right in his private judgment, and this
idea preserved most of those who continued their esteem for him.
But upon Bernard's removal, and his taking the chair as lieutenant
governor, he had no farther expectations from the people nor
complaisance for their opinions. In one of his first speeches he took
care to advance the supreme authority of parliament. This astonished
many of his friends. They were heard to say, we have been deceived.
We thought he had been abused, but we now find what has been said of
him is true. He is determined to join in the designs against this
country. After his promotion to the government, finding that the
people had little confidence in him, and shewing [Errata: knowing]
that he had no interest at home to support him, but what he had
acquired by joining with Bernard in kicking up a dust, he determined
to strike a bold stroke, and in a formal speech to both houses,
became a champion for the unbounded authority of parliament, over the
Colonies. This he thought would lay the ministry under obligation to
support him in the government, or else to provide for him out of it,
not considering that starting that question before that assembly,
and calling upon them, as he did, to dispute with him upon it, was
scattering firebrands, arrows and death in sport. The arguments he
then advanced were inconclusive indeed: but they shall be considered,
when I come to the feeble attempt of Massachusettensis to give a
colour to the same position.
The house, thus called upon, either to acknowledge the unlimited
authority of parliament, or confute his arguments, were bound by
their duty to God, their country and posterity, to give him a full
and explicit answer. They proved incontestibly, that he was out in
his facts, inconsistent with himself, and in every principle of his
law, he had committed a blunder. Thus the fowler was caught in his
own snare; and although this country has suffered severe temporary
calamities in consequence of this speech, yet I hope they will not
be durable; but his ruin was certainly in part owing to it. Nothing
ever opened the eyes of the people so much, as his designs, excepting
his letters. Thus it is the fate of Massachusettensis to praise this
gentleman, for these things which the wise part of mankind condemn
in him, as the most insidious and mischievous of actions. If it was
out of his power to do us any more injuries, I should wish to forget
the past; but as there is reason to fear he is still to continue his
malevolent labours against this country, although he is out of our
sight, he ought not to be out of our minds. This country has every
thing to fear, in the present state of the British court, while
the lords Bute, Mansfield and North have the principal conduct of
affairs, from the deep intrigues of that artful man.
To proceed to his successor, whom Massachusettensis has been pleased
to compliment with the epithet of "amiable." I have no inclination
to detract from this praise, but have no panegyricks or invectives
for any man, much less for any governor, until satisfied of his
character and designs. This gentleman's conduct, although he came
here to support the systems of his two predecessors, and contracted
to throw himself into the arms of their connections, when he has
acted himself, and not been teased by others much less amiable and
judicious than himself, into measures which his own inclination would
have avoided, has been in general as unexceptionable as could be
expected, in his very delicate, intricate and difficult situation.
We are then told "that disaffection to Great Britain was infused
into the body of the people." The leading whigs, have ever,
systematically, and upon principle, endeavoured to preserve the
people from all disaffection to the king on the one hand, and the
body of the people on the other; but to lay the blame where it is
justly due on the ministry and their instruments.
We are next conducted into the superior court, and informed "that
the judges were dependant on the annual grants of the general court;
that their salaries were small in proportion to the salaries of
other officers, of less importance; that they often petitioned the
assembly to enlarge them, without success, and were reminded of their
dependance; that they remained unshaken amid the raging tempests,
which is to be attributed rather to their firmness than situation."
That the salaries were small, must be allowed: but not smaller
in proportion than those of other officers. All salaries in this
province have been and are small. It has been the policy of the
country to keep them so, not so much from a spirit of parsimony, as
an opinion, that the service of the public ought to be an honorary,
rather than a lucrative employment; and that the great men ought to
be obliged to set examples of simplicity and frugality before the
people.
But if we consider things maturely, and make allowance for all
circumstances, I think the country may be vindicated. This province,
during the last war, had such overbearing burdens upon it, that it
was necessitated to use economy in every thing. At the peace she
was half a million sterling in debt, nearly. She thought it the
best policy to get out of debt, before she raised the wages of her
servants; and if Great Britain had thought as wisely, she would not
now have had 140 millions to pay; and she would never have thought of
taxing America.
Low as the wages were, it was found that, whenever a vacancy
happened, the place was solicited with much more anxiety and zeal,
than the kingdom of heaven.
Another cause which had its effect was this. The judges of that court
had almost always enjoyed some other office. At the time of the stamp
act the chief justice was lieutenant governor, which yielded him
a profit, and a judge of probate for the county of Suffolk, which
yielded him another profit, and a counsellor, which if it was not
very profitable, gave him an opportunity of promoting his family and
friends to other profitable offices, an opportunity which the country
saw he most religiously improved. Another justice of this court was a
judge of admiralty, and another was judge of probate for the county
of Plymouth. The people thought therefore, that as their time was not
wholly taken up by their offices, as judges of the superior court,
there was no reason why they should be paid as much, as if it had
been.
Another reason was this: those justices had not been bred to the bar,
but taken from merchandise, husbandry and other occupations; had been
at no great expence for education, or libraries, and therefore the
people thought that equity did not demand large salaries.
It must be confessed that another motive had its weight. The people
were growing jealous of the chief justice and two other justices at
least, and therefore thought it imprudent to enlarge their salaries,
and by that means their influence.
Whether all these arguments were sufficient to vindicate the people
for not enlarging their salaries, I shall leave to you, my friends,
whose right it is to judge. But that the judges petitioned "often" to
the assembly I do not remember. I knew it was suspected by many, and
confidently affirmed by some, that judge Russell carried home with
him, in 1766, a petition to his majesty, subscribed by himself, and
chief justice Hutchinson at least, praying his majesty to take the
payment of the judges into his own hands; and that this petition,
together with the solicitations of governor Bernard, and others, had
the success to procure the act of parliament, to enable his majesty
to appropriate the revenue to the support of the administration of
justice, &c. from whence a great part of the present calamities of
America have flowed.
That the high whigs took _care_ to get themselves chosen of the grand
juries I do not believe. Nine tenths of the people were high whigs;
and therefore it was not easy to get a grand jury without nine whigs
in ten, in it. And the matter would not be much mended by the new
act of parliament. The sheriff must return the same set of jurors,
court after court, or else his juries would be nine tenths of them
high whigs still. Indeed the tories are so envenomed now with malice,
envy, revenge and disappointed ambition, that they would be willing,
for what I know, to be jurors for life, in order to give verdicts
against the whigs. And many of them would readily do it, I doubt not,
without any other law or evidence, than what they found in their
own breasts. The suggestion of legerdemain, in drawing the names of
petit jurors out of the box, is scandalous. Human wisdom cannot
devise a method of obtaining petit jurors more fairly, and better
secured against a possibility of corruption of any kind, than that
established by our provincial law. They were drawn by chance out of
a box, in open town meeting, to which the tories went, or might have
gone, as well as the whigs, and have seen with their own eyes, that
nothing unfair ever did or could take place. If the jurors consisted
of whigs, it was because the freeholders were whigs, that is honest
men. But now, it seems, if Massachusettensis can have his will, the
sheriff, who will be a person properly qualified for the purpose, is
to pick out a tory jury, if he can find one in ten, or one in twenty
of that character among the freeholders; and it is no doubt expected,
that every newspaper that presumes to deny the right of parliament
to tax us, or destroy our charter, will be presented as a libel, and
every member of a committee of correspondence, or a congress, &c. &c.
&c. are to be indicted for rebellion. These would be pleasant times
to Massachusettensis and the junto, but they will never live to see
them.
"The judges pointed out seditious libels, on governors, magistrates,
and the whole government to no effect." They did so. But the
jurors thought some of these no libels, but solemn truths. At one
time, I have heard that all the newspapers for several years, the
Massachusetts Gazette, Evening Post, Boston Chronicle, Boston
Gazette, and Massachusetts Spy, were laid before a grand jury at
once. The jurors thought there were multitudes of libels written by
the tories, and they did not know whom they should attack, if they
presented them; perhaps governor Bernard, lieut. governor Hutchinson,
secretary Oliver--possibly the attorney general. They saw so many
difficulties they knew not what to do.
As to the riots and insurrections, it is surprising that this writer
should say "scarce one offender was indicted, and I think not one
convicted." Were not many indicted, convicted, and punished too
in the county of Essex, and Middlesex, and indeed in every other
county? But perhaps he will say, he means such as were connected
with politicks. Yet this is not true, for a large number in Essex
were punished for abusing an informer, and others were indicted and
convicted in Boston for a similar offence. None were indicted for
pulling down the stamp office, because this was thought an honorable
and glorious action, not a riot. And so it must be said of several
other tumults. But was not this the case in royal as well as charter
governments? Nor will this inconvenience be remedied by a sheriff's
jury, if such an one should ever sit. For if such a jury should
convict, the people will never bear the punishment. It is in vain to
expect or hope to carry on government, against the universal bent and
genius of the people; we may whimper and whine as much as we will,
but nature made it impossible, when she made men.
If causes of _meum_ and _tuum_ were not always exempt from party
influence, the tories will get no credit by an examination into
particular cases. Though I believe there was no great blame on
either party, in this respect, where the case was not connected with
politicks.
We are then told "the whigs once flattered themselves they should be
able to divide the province between them." I suppose he means, that
they should be able to get the honorable and lucrative offices of the
province into their hands. If this was true, they would be chargeable
with only designing what the tories have actually done; with this
difference, that the whigs would have done it by saving the liberties
and the constitution of the province--whereas the tories have done it
by the destruction of both. That the whigs have ambition, a desire of
profit, and other passions, like other men, it would be foolish to
deny. But this writer cannot name a set of men in the whole British
empire, who have sacrificed their private interest to their nation's
honour, and the public good, in so remarkable a manner, as the
leading whigs have done, in the two last administrations.
"As to cutting asunder the sinews of government and breaking in
pieces the ligament of social life," as far as this has been done, I
have proved by incontestible evidence from Bernard's, Hutchinson's
and Oliver's letters, that the tories have done it, against all the
endeavours of the whigs to prevent them from first to last.
The public is then amused with two instances of the weakness of
our government, and these are, with equal artifice and injustice,
insinuated to be chargeable upon the whigs. But the whigs are as
innocent of these, as the tories. Malcom was as much against the
inclinations and judgment of the whigs as the tories. But the real
injury, he received, is exaggerated by this writer. The cruelty of
his whipping, and the danger of his life, are too highly coloured.
Malcom was such an oddity as naturally to excite the curiosity and
ridicule of the lowest class of people, wherever he went: had been
active in battle against the regulators in North Carolina, who were
thought in Boston to be an injured people. A few weeks before, he
had made a seizure at Kennebeck river, 150 miles from Boston, and by
some imprudence had excited the wrath of the people there, in such a
degree, that they tarred and feathered him over his clothes. He comes
to Boston to complain. The news of it was spread in town. It was a
critical time, when the passions of the people were warm. Malcom
attacked a lad in the street, and cut his head with a cutlass, in
return for some words from the boy, which I suppose were irritating.
The boy run bleeding through the street to his relations, of whom
he had many. As he passed the street, the people inquired into the
cause of his wounds, and a sudden heat arose against Malcom, which
neither whigs nor tories, though both endeavoured it, could restrain;
and produced the injuries of which he justly complained. But such a
coincidence of circumstances might, at any time, and in any place,
have produced such an effect; and therefore it is no evidence of the
weakness of government. Why he petitioned the general court, unless
he was advised to it by the tories, to make a noise, I know not. That
court had nothing to do with it. He might have brought his action
against the trespassers, but never did. He chose to go to England and
get 200l. a year, which would make his tarring the luckiest incident
of his life.
The hospital at Marblehead is another instance, no more owing to the
politicks of the times, than the burning of the temple at Ephesus.
This hospital was newly erected, much against the will of the
multitude. The patients were careless, some of them wantonly so,
and others were suspected of designing to spread the small pox in
the town, which was full of people, who had not passed through the
distemper. It is needless to be particular, but the apprehension
became general, the people arose and burnt the hospital. But the
whigs are so little blameable for this, that two of the principal
whigs in the province, gentlemen highly esteemed and beloved in the
town, even by those who burnt the building, were owners of it. The
principles and temper of the times had no share in this, any more
than in cutting down the market in Boston, or in demolishing mills
and dams in some parts of the country, in order to let the alewives
pass up the streams, forty years ago. Such incidents happen in all
governments at times, and it is a fresh proof of the weakness of this
writer's cause, that he is driven to such wretched shifts to defend
it.
Towards the close of this long speculation, Massachusettensis grows
more and more splenetical, peevish, angry and absurd.