WE are told in a late reply, that "the offices of Attornies and

Sollicitors-General have been for more than fifty years past filled up

by persons of the highest reputation for learning and integrity."1 I

am apt to think, if we look back we shall find that some of these

officers of the crown have been as deficient in learning or integrity,

or both, as we know some ministers of state have been. The house of

Representatives say, "the province has suffer'd much by their unjust,

groundless and illegal opinions"--2 Among other instances of weakness

or wickedness in some persons who have filled these offices, I shall

only mention one which now occurs to my mind--There is an act of

Parliament which exempts seamen from an impress in America: This act

was upon several occasions urged by the Americans, and it has been the

opinion of attornies and sollicitors general, at different times, that

the act was limitted to a time of war, when in truth there was no part

or clause whatever in it to justify such opinion.--Well then may it be

called a groundless opinion; and if groundless, will any one insist

that there was no defect in these instances in point of integrity, if

not of learning--Perhaps these opinions may appear to his Honor to be

founded upon wise reasons; but others who cannot see the force of

these reasons, have a right to think differently; and such a freedom

is not likely to bring dishonor upon them--It is enough for those who

are dependent upon the great for commissions, pensions, and the like,

to preach up implicit faith in the great--Others whose minds are

unfettered will think for themselves--They will not blindly adopt the

opinions even of persons who are advanced to the first stations in the

courts of law and equity, any further than the reasons which they

expressly give are convincing.--They will judge freely of every point

of state doctrine, & reject with disdain a blind submission to the

authority of mere names, as being equally ridiculous, as well as

dangerous in government and religion.--It may have been, Messirs.

Printers, too much the practice of late, for some plantation

governors, like Verres either ancient or modern, to oppress and plague

the people they were bound to protect, and, perhaps in obedience to

"orders that have come from secretaries of state"--These orders truly

were to be treated with as profound veneration, without the least

enquiry into their nature and tendency, as ever a poor deluded

Catholic reverenc'd the decree of Holy Father at Rome.--While such a

disposition prevailed, O how orderly were the people, how submissive

to government! But when once a statute or the constitution was

pleaded, which it was as dangerous for the people to look into, as it

would be for an Italian, after the example of the noble Bereans, to

search the scriptures, the secretary of state was to be informed that

the people were become rebellious; as they said of St. Paul for

preaching doctrines opposite to the humour of the Jewish Masters, that

he "turned the world upside down"--The whole ministerial cabal was

summoned; opinions were called for and taken--and however ludicrous,

to say the best of them, those opinions were, if the people did not

swallow them down as law & reason, they were told, that the freedom

they used with the characters of great men forsooth "would bring

dishonor upon them" and standing armies were sent to convince them of

the reasonableness of these opinions--I confess that "too great a

respect cannot be paid to the honorable part of the profession of the

law," but when state-lawyers, attorneys and sollicitors general, &

persons advanced to the highest stations in the courts of law,

prostitute the honor of the profession, become tools of ministers, and

employ their talents for explaining away, if possible the Rights of a

kingdom, they are then the proper objects of the odium and indignation

of the public.--A very judicious author has observed that "our

maladies and dangers have originated chiefly in the errors and

misconduct of ministers; who from defect of ability or fidelity, or

both, were unequal to the wants of a kingdom: A great genius, infinite

knowledge and infinite care, says he, are requisite to form a prime

minister; but youth and dissipation, with the trainings of the turf

and the gaming table, will now suffice to make a man master of the

most difficult trade in the world, without learning it"--Such were the

men, under whose Influence Attorneys and Sollicitors General, within

these fifty Years past, have held their places, and have even been

advanced to the highest Stations in the Courts of Law, without any

other recommendation than a servile disposition to prostitute the Law

and the Constitution, whenever their Masters should require it of

them--Such have been the Men, from whom Orders have come to Governors

and Commanders in Chief, civil and military in America! And shall we

easily be persuaded to take it for granted that such men are incapable

of abusing the high trust reposed in them, and that Orders coming from

them are always to be considered as "Significations of the pleasure of

the Sovereign."--

Your's,

A CHATTERER.

ARTICLE SIGNED "A CHATTERER."

[Boston Gazette, August 27, 1770.]

MESSIEURS PRINTERS,

I Find in the last Monday's Evening Post,1 a Piece, signed Probus; the

Intention of which seems to be, at least in Part, to show that I must

be "effectually disappointed in my Attempt to convince the World that

I am a greater Scholar than the Lieutenant-Governor of this Province"!

Now upon the Word of a Chatterer, I declare to all my kind Readers, as

well as Hearers, that I never did make the least Pretension to

Scholarship; and besides, the World must long have been so fully

convinced of the "profound Erudition" of the Lieutenant-Governor of

this Province, that it would be the highest Degree of Vanity in any

Man to think of rivaling him as a Scholar. It was obvious to common

Readers that "what comes from the King thro' his Minister, does not

come immediately from the King"--And yet every Paper of the 6th of

August led us to think that an "Expression in itself repugnant and

absurd", had, perhaps thro' Inadvertency, drop't even from a learned

Pen--So far was I from "bravely attacking the Word immediately," or

"entering into a formal Criticism," or any Criticism at all, that I

but barely mentioned it as a "little inaccuracy"; at the same Time

making the best Apology I could for it, by saying that as his Honor

had assured us he "had taken one Day only for his Reply" it was rather

to be wonder'd at, that we met with so few Imperfections of that kind.

But Probus has rectify'd the Mistake, and Probus has vindicated the

Lt. Governor of this Province as a Scholar.--We Chatterers, Messrs.

Printers, have as much Pretension to the Character of the Gentleman,

as any such formal and grave kind of folks as Probus: But I did not

think myself under any obligation "as a Gentleman or an honest Man" to

hunt after the Original, and therefore I have no Acknowlegment to make

to any one for "a faulty Neglect in not seeing it before my

Publication." I suppos'd, as any one might, that the printed Copies

were agreable to the original; and, that our Enemies may not avail

themselves of the common Artifice, in representing the Advocates for

the People as endeavoring to deceive the public I do again declare,

that "in my Conscience I thought the printed Copy to be genuine"; and

I hereby bear my Testimony, as far as that will go, against any Abuse

being offered to Probus, which, poor Man, he either is, or affects to

be under Apprehensions of, for rectifying this Mistake: But as few

persons beside his Honor the Pope, lay Claim to Infallibility, upon

due Consideration it seemeth not, that I am guilty of such high Crime

and Misdeameanour, as by any Rule in Law to be subjected to Indictment

or ex officio Information. However, I think it incumbent on you to

suffer your Readers to be advertiz'd, that instead of immediately in

his Honor's Reply to the House of Representatives, as published in

your Paper of the 6th of August, they ought to read mediately; which

may prevent some other Chatterer from rudely attempting to convince

the World that he is "a greater Scholar than the Lt. Governor of this

Province;" Such an attempt perhaps may otherwise be made at a Distance

where Probus may not have it in his Power to set right this notable

Mistake--The Word being thus restored, the Passage will remain just as

liable to the Chatterer's Exception, notwithstanding all that Probus

has said, as if it stood as it did; for the whole that was intended,

was, to show, that we ought to take the Characters of Ministers of

State into Consideration, before we conclude, as his Honor would have

us, that every Order from them comes mediately from the Crown, or is a

Signification of his Majesty's Pleasure.

There is in the same Evening Post, as well as the Boston Post-Boy &

Advertiser,2 & also in the Gazette of Thursday last, an Advertisement

wherein the same Notice is taken of this Assault and Battery of mine

upon the Scholarship of the Lieutenant Governor of this Province--I am

sorry that my poor Publication, which seems after all to be of no more

Significancy in their Opinion than "a Man of Straw" has given so great

Uneasiness to some of his Honor's Friends--This Advertiser indirectly

chargeth me with Indecency in "undertaking to answer a Governor's

Message." Now I did not undertake to anwer a Governor's Message; and

to speak plain, I did not think it worth while to undertake it--I

believe I am not alone in the Opinion, that some messages might easily

be answered, & possibly each in "one Day only": But if I had

undertaken it, where in the Name of common sense would have been the

Indecency of it? I know very well that it has been handed as a

political Creed of late, that the Reasoning of the People without

Doors is not to be regarded--But every "transient Person" has a Right

publickly to animadvert upon whatever is publickly advanc'd by any

Man, and I am resolv'd to exercise that Right, when I please, without

asking any Man's Leave--And moreover, I am free to say, that if ever a

Governor's Message should happen to be below the Attention of a

Scholar, no Person can more aptly take Notice of it, that I know of,

than

A CHATTERER.

1The Boston Evening Post, published by T. & J. Fleet.

2The Massachusetts Gazette and Boston Post-Boy Advertiser, published

by Mills and Hicks.

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO BENJAMIN FRANKLIN.1

[Boston Gazette, July 22, 1771: a text is printed in Papers Relating

to Public Events in Massachusetts, Philadelphia, 1856, 169-177.]

PROVINCE OF MASSACHUSETTS-BAY

NOV. 6, 1770.

SIR,

The House of Representatives of this his Majesty's province, having

made choice of you to appear for them at the court of Great Britain,

as there may be occasion; it is necessary that you be well informed of

the state and circumstances of the province, and the grievances we

labor under, the redress of which will require your utmost attention

and application.

You are sensible that the British parliament have of late years

thought proper to raise a revenue in America without our consent, by

divers acts made expressly for that purpose; The reasons and grounds

of our complaints against those acts, are so well known and understood

by you, that it is needless for us to mention them at this time.

The measures that have been taken by the American assemblies, to

obtain the repeal of these acts, tho' altogether consistent with the

constitution, and clearly within the bounds of the Subjects Rights,

have been nevertheless disgustful to administration; to whom we have

been constantly represented by the servants of the crown and others on

this side the water, in the most disagreeable and odious light.

Whether this province has been considered as having a lead among the

other colonies, which they have never affected, or whether it is

because Governor Bernard, the Commissioners of the Customs and others,

who have discovered themselves peculiarly inimical to the Colonies,

have had their residences here, certain it is, that the resentment of

government at home has been particularly pointed against this

province: For it is notorious that we have been charged with taking

inflammatory measures, tending to create unwarrantable combinations,

to excite an unjustifiable opposition to parliament, and revive

unhappy divisions among the Colonies; and we have frequently been

censured as disobedient to government for parts of conduct which have

been in no wise dissimular to those which have been taken by other

colonies without the least censure or observation.

While administration appeared to have conceived undue prejudices

against us, our enemies have not failed to take every measure to

increase those prejudices; and particularly by representing to the

King's ministers, that a spirit of faction had so greatly and

universally prevailed among us, as that government could not be

supported, and it was unsafe for the officers of the crown to live in

the province and execute their trusts, without the protection of a

military force: Such a force they at length obtained; the consequence

of which was a scene of confusion & distress for the space of

seventeen months, which ended in the blood and slaughter of his

Majesty's good subjects.

It was particularly mortifying to us to see the whole system of civil

authority in the province, yielding to this most dangerous power; and

at the very time when the interposition of the civil magistrate was of

the most pressing necessity, to check the wanton and bloody career of

the military, the Lieutenant-Governor himself declared, as Governor

Bernard had before, that "he had no authority over the King's troops

in the province," and his Majesty's representative in Council became

an humble supplicant for their removal out of the town of Boston! What

would be the feelings of our fellow-subjects in Britain, if contrary

to their Bill of Rights, and indeed to every principle of civil

government, soldiers were posted even in their captial, without the

consent of their Parliament? And yet the subjects of the same Prince

in America who are entitled to the same freedom, are compelled to

submit to as great a military power as administration shall please to

order to be posted among them in a time of profound peace, without the

consent of their assemblies! And this military power is allowed to

trample upon the laws of the land, the common security, without

restraint! Such an instance of absolute uncontroul'd military tyranny

must needs be alarming, to those who have before in some measure

enjoy'd, and are still entitled to the blessings of a free government,

having never forfeited the character of loyal subjects.--After the

fatal tragedy of the fifth of March, the regiments under the command

of Lieut. Colonel Dalrymple were removed from the Town of Boston to

the Barracks on Castle Island, in consequence of a petition from the

town to the Lieutenant Governor and his Prayer to the Colonel; since

which, in pursuance of Instruction to the Lieut. Governor, the

garrison there in the pay of the province, is withdrawn, and a

garrison of his Majesty's regular troops placed in their stead. And

although this exchange is made ostensively by the immediate order of

the lieutenant-governor, yet it appears by the inclosed depositions,

that Col. Dalrymple in reality took the custody and government of the

fortress by order of general Gage; and therefore the lieutenant

governor has no longer that command, which he is vested with by the

royal charter.

We cannot help observing upon this occasion, that the instructions

which have of late been given to the governor, some of them at least,

directly militate, as in the present instance, with the charter of the

province; And these instructions are not always adapted to promote his

Majesty's service, or the good of the people within this province, but

often appear to be solely calculated to further and execute the

measures, and enforce the laws of a different state; by which means

his Majesty's colonies may be entirely subjected to the absolute will

of his other subjects in Great Britain, for which there can be no

pretence of right, but what is founded in mere force.--By virtue of

their positive instructions, the general assembly of the province has

been remov'd from its ancient establish'd and only convenient seat in

Boston, and is still obliged to hold its session at Harvard College in

Cambridge, to the great inconvenience of the members and injury of the

people, as well as detriment of that seminary of learning, without any

reason that can be assigned but will and pleasure: And thus the

prerogative of the King, which is a trust reposed in him to be

improved only for the welfare of his subjects, is perverted to their

manifest injury.

And what is still more grievous is, that the Governor of the province

is absolutely inhibited, as we are told, from laying before the

assembly any instruction, which he receives, even such as carry in

them the evident marks of his Majesty's displeasure: By which means

the House of Representatives cannot have it in their power to obtain

here, that precise knowledge of the grounds of our Sovereign's

displeasure, which we are in reason and justice entitled to, nor can

the ministry be made responsible for any measures they may advise to

in order to introduce and establish an illegal and arbitray government

over his Majesty's subjects in the colonies.--We have an instance of

this kind now before us; the Lt. Governor of the province having in

his speech at the opening of this session, given a dark intimation of

something intended against the province, and when the House of

Representatives earnestly desired him to explain it, that they might

have a clear understanding of what was inteded therein, he declared as

he had before done in other like cases, that he was not at liberty to

make public or to communicate by speech or message an order from his

Majesty in council which he had received, although in consequence

thereof the state of the province was to be laid before parliament. By

such conduct in the ministry it appears that we may be again accus'd

and censur'd by parliament as we have heretofore been, and perhaps

suffer the greatest injury without knowing our accusers or the matters

that may be alleg'd against us.

At the same time, by an order of parliament that the names of persons

giving intelligence to the ministry which may at any time be laid

before parliament, shall be made secret even to the members

themselves, the greatest encouragement is given to persons inimical to

the province, to send home false relations of speeches and proceedings

in public assemblies, and elsewhere, containing injurious charges upon

individuals as well as publick bodies: Some of which have been

transmitted home under the seal of the province, without the least

notice given to those individuals, or any but the few in the secret to

attend and cross-examine such witnesses. Thus even parliament itself

may be misled into measures highly injurious and destructive to the

province, by the calumny and detraction of those who are not and

cannot be known, and whose falsehoods cannot therefore be

detected.--So wretched is the state of this province, not only to be

subjected to absolute instructions, given to the governor to be the

rule of his administration, whereby some of the most essential clauses

of our charter, vesting in him powers to be exercis'd for the good of

the people are totally rescinded, which in reality is a state of

despotism; but also, to a standing army, which being uncontroul'd by

any authority within the province, must soon tear up the very,

foundations of civil government.

Moreover we have the highest reason to complain that since the late

parliamentary regulations of the colonies, the jurisdiction of the

court of admiralty has been extended to so enormous a length, as

itself to threaten the very being of the constitution: By the statute

4th Geo. 3 chap. 15, "All forfeitures and penalties inflicted by this

or any other act of parliament relating to the trade and plantations

in America which shall be incur'd there, may be prosecuted, sued for

and recovered in any court of admiralty in the said colonies." Thus a

single judge, independent of the people, and in a civil law court, is

to try these extraordinary forfeitures and penalties without a jury:

Whereas the same stature provides, that all penalties and forfeitures

which shall be incurred in Great Britain, shall be prosecuted, sued

for and recovered in any of his Majesty's courts of record, in

Westminster or in the court of exchequer in Scotland respectively.

Here is the most unreasonble and unjust distinction, made between the

subjects in Britain and America; as tho' it were designed to exclude

us from the least share in that clause of Magna-Charta, which has for

many centuries been the noblest bulwark of the English liberties, &

which cannot be too often repeated; "No freeman shall be taken or

imprison'd or disseiz'd of his freehold, or liberties, or free

customs, or be outlaw'd, or exil'd, or any otherwise destroyed, nor

will we pass upon him nor condemn him, but by the judgment of his

peers or the law of the land."

These are some of the insupportable grievances which this province has

long been laboring under, and which still remain altogether

unredressed: For although they have been set forth in the clearest

manner by humble petitions to the throne, yet such an ascendency over

us have the officers of the crown here in the minds of administration,

that our complaints are scarcely heard; our very petitions are deemed

factious, and instead of obtaining any relief, our oppressions have

been more aggravated, & we have reason to apprehend will be still

increased.

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