law is just; and make this allowance upon the principles of justice:
It gives no indulgence to malice and rancour against any individual;
much less against a community or the human species--He who threatens
or thirsts for the blood of the community is an enemy to the publick;
and hostis humani generis, the enemy of mankind consummates the
villain. I will not take upon myself to say that either of these
characters belong to any of the late prisoners--There are two
remaining yet in gaol, convicted of manslaughter, and waiting
judgment of the court. With regard to one of these, namely, Kilroi,
it was sworn that about a week or a fortnight before (the 5th of
March, which must be before the affray at the ropewalks, that
happening on the 2d) he said he would never miss an opportunity of
firing upon the inhabitants, and that he had wanted such--It is said
that these might be words spoken in jest, or without any intention,
when they were spoken, of acting according to their true import &
meaning: But the witness said, he repeated the words several times:
And that after he had told him he was a very great fool for saying so,
he again declared he would never miss an opportunity.--It appears that
the witness himself, as any one might, tho’t him to be in earnest,
and rebuked him for saying so; and in truth, none but a madman, or one
whose heart was desperately wicked, would repeatedly, especially after
such wholesome reproof, have persisted in such a threat; It
discovered, to borrow the expression of a very polite & humane
gentleman, upon another late occasion, a malignity beyond what might
have been expected from a Barbarian.
It was also sworn, that this same Kilroi was with a party of soldiers
in the affray at the Ropewalks a few evenings before the 5th of March,
--and that they had clubs & cutlasses--That Kilroi was of the party of
soldiers that fired in King-street--that as the party came round
before they form’d, Kilroi struck a witness upon his arm--and after
the firing began, Kilroi struck at the same witness, tho’ he had
hear’d nothing said, nor seen any thing done to provoke the soldiers.
--Another witness declared, that he saw Kilroi there, that he knew
him well before, and was positive it was he--that he heard the word
fire, twice, upon which he said to the soldiers, damn you, don’t fire,
and Kilroi fired at once, and killed Gray, who had no weapon, and his
arms were folded in his bosom. Gray fell at the feet of this witness,
and immediately Kilroi pushed his bayonet at the witness, which pass’d
thro’ all his clothes, and came out at his surtuit behind, and he was
oblig’d to turn round to quit himself of the weapon--the witness
suppos’d he designed to kill them both.--How long is this furor
brevis, this short hurricane of passion to last in the breast of a
soldier, when called, not by the civil magistrate, but by his military
officer, under a pretence of protecting a Centinel, and suppressing a
Riot? who had taken with him weapons, not properly of defence, but of
death, and was calm enough in this impetuosity of anger, to load his
gun, and perhaps with design, to level it, for it killed one of the
very men with whom he had had a quarrel but a few evenings before: He
had now a fair opportunity, which he had wished for, and resolved
never to miss, of firing upon the inhabitants. It was said upon the
words he uttered, that if all the unjustifiable words that had been
spoken by the inhabitants of this town, were to be bro’t in judgment
against them, they would have much to answer for.--Those who believe
the letters of governor Bernard, the Commissioners of the customs,
and some others whom I could name, and will name in proper time, may
think so. I dare say, if Bernard could have proved one overt-act of
rebellion or treason, after the many things he pretended had been
said, and he or his tools could have had any influence, the words if
prov’d, would have been adjudg’d to have been said in sober earnest,
and would have been considered as material to have shown the
malignancy of the heart.
This Kilroi’s bayonet was prov’d to be the next morning bloody five
inches from the point. It was said to be possible that this might be
occassion’d by the bayonet’s falling into the human blood, which ran
plentifully in the street, for one of their bayonets was seen to fall.
It is possible, I own; but much more likely that this very bayonet was
stab’d into the head of poor Gray after he was shot, and that this
may account for its being bloody five inches from the point--Such an
instance of Savage barbarity there undoubtedly was.--It was sworn
before the Magistrate who first examined into this cruel tragedy,
though the witness who then swore it, being out of this province,
could not be produced in Court upon the trial. It is not to be
wonder’d at that any material witness was out of the way, when it is
consider’d that the trial did not come on till the secord term, and
nine months after the facts were committed. I shall continue the
subject at my leisure.
VINDEX.
Dec. 11th.
ARTICLE SIGNED “VINDEX.”
[Boston Gazette, December 24, 1770.]
To the Printers.
In the late trials of Preston and the Soldiers, it was observ’d that
the Court constantly from day to day adjourn’d at noon and at sun-set
--Our enemies, who are fruitful in their inventions, may possibly from
hence take occasion to represent that it was dangerous for the Court
to sit in the tumultuous town of Boston after dark. At the first view
it may perhaps bear this complexion in the eye of a prejudiced
stranger; for such adjournments in capital causes it may be were never
before known here: But the representation would be without the least
foundation in truth. It is possible that among other reasons this
might be one, that the judges are all of them, to use the words of a
good old Patriarch, well stricken in years, and one of them labours
under infirmities of Body. I have another observation to make on this
occasion, but I reserve it till a future opportunity.
I have already said that the Soldiers in coming down from the main-
guard to the custom-house behaved with an haughty air--that they
abused the people as they pass’d along--pushing them with their
bayonets--and damning them; and when they had got to their post, they
in like manner abused and struck innocent persons there who offer’d
them no injury--and all this was even before they form’d, in doing
which it does not appear to be danger to them or any one else. These
facts, I think were prov’d, if we may believe persons of good credit,
who declared them upon their oaths in Court:--And that they came down
under a pretence of suppressing a riot, without a civil magistrate or
peace officer, which ought always to be remembered, no one will
dispute.
There was indeed a sort of evidence bro’t into Court, which, if it is
at all to be rely’d upon, may serve to invalidate in some measure what
has been said--namely the declaration of one of the deceas’d persons,
as it was related by a gentleman who dress’d his wounds, and to whom
he is said to have declared it. This man, as the doctor testified,
told him among many other things, that he saw some Soldiers passing
from the main-guard to the custom-house and the people pelted them as
they went along. But whether these Soldiers were Preston and his
party; or other Soldiers who are mention’d by another witness, as
going from the main-guards towards the Centry, having short coats and
arm’d with bayonets, swords or sticks, and one of them with a pair of
kitchen tongs, chasing the people as they went, must remain an
uncertainty--If he meant the former, it is somewhat strange that among
all the witnesses on both sides, no one saw the people pelting them as
they went along but he. This man confess’d to the doctor that he was
a fool to be there--was surprized at the forbearance of the soldiers;
believed that they fired in their own defence & freely forgave the man
that shot him. But it is to be observed, he did not declare this under
oath nor before a magistrate: It was however the dying speech,--very
affecting and all, true no doubt; altho’ no one knew the character of
this believing penitent either in point of veracity or judgment.--By
the testimony of his land-lady in Court, one would not form the best
opinion of him; but de mortuis nil nisi bonum.
There were others ready to be sworn, if the Council for the crown had
thought it worth while to have bro’t them forward, that they also
could relate what this man had told them, viz. that his doctors had
encouraged him that he would soon recover of his wounds, and he hoped
to live to be a swift witness against the soldiers--Great stress was
laid by some upon the simple declaration of this man, who in all
probability died in the faith of a roman catholick. This, however, I
am apt to think, will not disparage his declaration in the opinion
of some great men at home, even tho’ he did not make his confession to
a ghostly physician.
Before I proceed to enquire into the danger the Soldiers were in, if
they were in any at all, and who were in fault, I will take the
liberty to lead the reader back to a consideration of the temper the
Soldiers in general discovered, and their correspondent conduct, for
some considerable time before the fatal tragedy was acted--It is well
known indeed that from their first landing, their behavior was to a
great degree insolent; and such as look’d as if they had enter’d
deeply into the spirit of those who procur’d them,--and really
believed, that we were a country of rebels and they were sent here to
subdue us. But for some time before the fifth of March, they more
frequently insulted the inhabitants who were quietly passing the
streets; and gave out many threats, that on that very night the blood
would run down the streets of Boston, and that many who would dine on
Monday would not breakfast on Tuesday; and to show that they were in
earnest they forewarn’d their particular acquaintance to take care of
themselves--These things were attested before the magistrates by
credible persons under oath.--Accordingly when the Monday evening came
on, they were early in every part of the town arm’d with bludgeons,
bayonets and cutlasses, beating those whom they could, and assaulting
and threatning others--By the way, I will just observe for the
information of a certain honorable gentleman, that the name of
bludgeons was unheard of in this town till the Soldiers arrived--This
behavior put the inhabitants in mind of their threatenings; and was
the reason that those of them who had occasion to walk the streets,
came out arm’d with canes or clubs. Between eight and nine o’clock,
the Soldiers in Murray’s barracks in the centre of the town rush’d out
with their naked cutlasses insulting, beating and wounding the
inhabitants who were passing along: This, in so frequented a street,
naturally collected numbers of people who resented the injury done
and an affray ensued--About the same time a difference arose in King-
street, between a centry there and a barber’s boy, who said to his
fellow-apprentice in the hearing of the centry “there goes Capt.-----
who has not paid my master for dressing his hair:” The centry
foolishly resented it, and word took place; and the boy answering him
with pertness, & calling him a name, the centry struck him. Here was
the first assault in King-street.--But for what reason the evidence
of this matter was not bro’t into Court, at the last trial, as it had
been at the trial of Preston, the reader if he pleases may conjecture.
At the same time a gentleman not living far from the custom-house,
and hearing as he tho’t a distant cry of murder, came into the street,
which he had just before left perfectly still, and to use his words,
“never clearer”: He there saw a party of Soldiers issue from the
mainguard, and heard them say, damn them where are they, by Jesus let
them come; and presently after another party rush’d thro’ Quaker-lane
into the street, using much such expressions:--Their arms glitter’d in
the moon-light. These cried fire, and ran up the street and into
Cornhill which leads to Murray’s barracks; in their way they knocked
down a boy of twelve years old, a son of Mr. Appleton, abused and
insulted several gentlemen at their doors and others in the street:--
Their cry was, damn them, where are they, knock them down; and it is
suppos’d they join’d in the affray there, which still continued--They
also then cried fire, which one of the witnesses took to be their
watch-word.
By this time the barber’s boy had return’d to the centry with a
number of other boys to resent the blow he had received: The centry
loaded his gun and threatened to fire upon them, and they threatened
to knock him down--The bells were ringing as for fire: Occasion’d
either by the Soldiers crying fire as is before mention’d, for it is
usual in this town when fire is cried, for any one who is near a
church to set the bells a ringing; or it might be, to alarm the town,
from an apprehension of some of the inhabitants, that the Soldiers
were putting their former threats into execution, and that there
would be a general massacre: It is not to be wonder’d at, that some
persons were under such apprehensions; when even an officer at
Murray’s barracks, appeared to encourage the Soldiers and headed them,
as it was sworn before the magistrate.--This officer was indicted by
the grand jury, but he could not be found afterwards--Some other
officers, and particularly lieutenants Minchen and Dickson, discovered
a very different temper.
The ringing of the bells alarmed the town, it being suppos’d by the
people in general there was fire; and occasion’d a concourse in King-
street which is a populous part of it. As the people came into the
street, the barber’s boy told them that the centry had knock’d him
down--and a person who had come into the street thro’ Royal-exchange
lane, which leads from Murray’s barracks, (and possibly had observ’d
the behavior of the Soldiers there) and seeing the centry, cried
here’s a Soldier--Various were the dispositions and inclinations of
the people according to their various “feelings” no doubt; for
mankind, it is said, “act from their feelings more than their reason:”
The cooler sort advis’d to go home: The curious were willing to stay
and see the event, and those whose feelings were warmer, perhaps
partook of the boys resentment. So it had been before at Murray’s
barracks, and so it always will be among a multitude: At the barracks
some, to use the expression of one of the witnesses, called out home,
home; while some in their heat cried, huzza for the main-guard--there
is the nest--This was said by a person of distinction in court, to
savour of treason! Tho’ it was allow’d on both sides, that the main-
guard was not molested thro’ the whole evening.
I would here beg the reader’s further patience, while I am a little
more particular, in relation to the affray at Murray’s barracks; for
it may be of importance to enquire how it began there.--Mr. Jeremiah
Belknap, an householder of known good reputation, had been sworn
before the magistrate; and why he was not bro’t in as a witness at the
trial, is not my business to say, and I shall not at present even
conjecture--Mr. Belknap, who lived in Cornhill near Murray’s barracks,
testified, that on the first appearance of the affray there, hearing
a noise he ran to his door, and heard one say he had been struck by
a Soldier: he presently saw eight or nine Soldiers arm’d with clubs
and cutlasses, come out of Boylston’s alley, which is a very short
passage leading from Murray’s barracks into the street--he desired
them to retire to the barracks--one of them with a club in one hand
and a cutlass in the other, with the latter, made a stroke at him:
Finding no prospect of stopping them, he ran to the main-guard and
called for the officers of the guard--he was inform’d, there was no
officer there--he told the Soldiers, with drawn cutlasses, who he
suppos’d were of the party from Murray’s barracks--Another gentleman,
one of the prisoners witnesses, swore in Court, that a little after
eight o’clock he saw at his own door, which is very near the barracks,
several Soldiers passing and repassing, some with clubs, others with
bayonets: And then he related the noise & confusion he afterwards
heard, & the squabble he saw, but no blows--that he saw two Soldiers,
each at a different time, present his gun at the people, threatning
to make a lane through them; but the officers drove them in--The
tragedy was compleated very soon in King-street--The firing was
reserv’d for another party of Soldiers, not much if at all to their
discredit in the judgment of some, and under the command of an officer
who did not restrain them. The witness heard the report of the first
gun soon after the people cried home, home; and declared that he tho’t
they had fired upon the main guard, for he heard the drum at the main
guard beat to arms--Another, who was sworn in Court, a witness for the
Crown declared, that about nine o’clock, passing near Draper’s (or
Bolyston’s) alley, which leads into Murray’s barracks, and thro’ which
he intended to go, he heard some boys huzzaing--he judged there were
not more than six or seven, and they were small; they ran thro’
dock-square towards the Market--Presently after he saw two or three
persons in the alley with weapons--a number of Soldiers soon sallied
out, arm’d with large naked cutlasses, assaulting every body coming in
their way--that he himself narrowly escaped a cut from the foremost
of them who pursued him; and that he saw a man there, who said he was
wounded by them and he felt of the wound--The wounded man stopped, and
this occasioned the people who were passing to gather round him--
Thinking it dangerous fo him to proceed, the witness returned home--
A Captain of the 14th, one of the prisoners witnesses was also sworn
in Court: He testified that in Cornhill he saw a mob collected at the
pass (Boylston’s alley) leading to Murray’s barracks--the people were
pelting the Soldiers he tho’t had a fire-shovel--as soon as they
knew him, he prevailed on them to go to the bottom of the pass, and
with some difficulty he got down--This witness, it seems, must have
been later than the others; and Mr. Belknap, perhaps gives as early
an account of it, as any can, but the Soldiers themselves.
I would only ask how it came to pass that the Soldiers, on that
particular evening, should be seen abroad, in every part of the town,
contrary to the rules of the army, after eight o’clock--If the
officers, who should have restrain’d them, were careless of their
duty, whence was so general a carelessness among the officers at that
juncture? It was said, there was no officer at the main-guard, which
may in part account for it. Or, if the Soldiers were all at once
ungovernable by their officers, and could not be restrain’d by them,
a child may judge from the appearance they made, that there had been
a general combination, agreable to their former threats, on that
evening to put in execution some wicked and desperate design.
VINDEX.
Dec. 18th.
ARTICLE SIGNED “VINDEX.”
[Boston Gazette, December 24, 1770.]
To the Printers.
SOMEBODY, in Mr. Draper’s paper of Thursday last, charges me with
PARTIALITY, in my two first performances on the subject of the late
Trial--I DENY THE CHARGE, AND DESIRE HE WOULD EXPLAIN HIMSELF. He
also says, I freely charge PARTIALITY on others: I UTTERLY DENY THAT
ALSO; AND CALL UPON HIM TO POINT OUT ONE INSTANCE. He desires the
publick would not be influenced by any remarks made by me on the late
Trials: WITH REGARD TO THAT, THE PUBLICK WILL DO AS THEY PLEASE. He
INSINUATES that I have cast the most INJURIOUS reflections upon
Judges, Jury and Witnesses: AGAIN, I DENY IT.--It remains then that
he either retract his charges or proves them: Otherwise the publick
will judge him to be guilty of something worse than “THE FAULT” OF
PARTIALITY. He THREATENS to bring out some facts which were not
allowed to be given in evidence: THIS IS WHAT I EARNESTLY DESIRE, FOR
THE REASONS I HAVE ALREADY MENTION’D. And among other FACTS he
intends, to ASCERTAIN THE PERSON IN A RED CLOAK, mention’d on the
trial, IF VINDEX AND HIS Adherents DESIRE it. Vindex has no
Adherents but in the cause of truth: And Vindex, FOR THE SAKE OF
TRUTH, REQUESTS IT AS A FAVOR THAT THE PERSON IN A RED CLOAK MAY BE
ASCERTAINED. He says that this person WAS DECLARED BE SOME OF THE
WITNESSES, TO HAVE BEEN VERY BUSY AT THE BEGINNING OF THE TRAGEDY; I
affirm, that neither of the witnesses declared that he was VERY BUSY
at the beginning, or any part, of the Tragedy. There were two only
that made mention of him, viz. Mr. WILLIAM HUNTER & Mr. JAMES SELKRIG:
The one declared that in dock-square “there was a tall gentleman in
a red Cloak; that he stood in the midst of them (the people); that
they were whist for some time, and presently huzza’d for the main
guard: The other said, there was a gentleman with a red Cloak & a
large white Wig; that he made a speech to them (the people) 4 or 5
minute--(this witness mention’d nothing of their HUZZAING for the main
guard, which one would have thought must have been OBSERVABLE by ALL,
but only adds) they went and knock’d with their sticks, and said they
would do for the soldiers--What THE TALL GENTLEMAN said, neither of
them could tell.--I cannot help observing here, that some of the late
LETTER-WRITERS from hence to London, have mark’d the RED CLOAK AND
WHITE WIG, as the garb of a Boston HYPOCRITE; but I have never yet
heard it hinted, that such a dress was the peculiarity of an ACTOR in
TRAGEDIES--Great pain have been taken to make the world believe that
men of “estates, of figure and religion” had formed a plan, BEFORE THE
5TH OF MARCH, to drive off the soldiers; witness a DEPOSITION LATELY
PUBLISH’D: And perhaps it may be the LOW CUNNING of this writer to
INSINUATE, that there was a mob at that time, AND FOR THAT PURPOSE,
on dock-square; and that their leader MUST be a man of figure in the
town, BECAUSE HE WORE A RED CLOAK--As it is not yet known what the
TALL GENTLEMAN WITH A RED CLOAK said to the people; whether he gave
them good or ill advice, or any advice at all, we may possibly form
some conjecture concerning it, when his PERSON is ascertained. THE
SOONER IT IS DONE THE BETTER.
VINDEX.
Dec. 22.
TO JOHN WILKES.
[MS., British Museum; a draft is in the Samuel Adams Papers, Lenox
Library; a text is in W. V. Wells, Life of Samuel Adams, vol. i.,
pp. 377, 378.]
BOSTON Decr 28 1770
SIR
Having been repeatedly sollicited by my friend, Mr William Palfrey,1
I embrace this opportunity of making my particular compliments to you,
in a Letter which he will deliver. My own Inclination had coincided
with his Request; for I should pride myself much, in a Correspondence
with a Gentleman, of whom I have long entertaind so great an Opinion.
--No Character appears with a stronger Luster in my Mind, than that
of a Man, who nobly perseveres in the Cause of publick Liberty,
and Virtue, through the Rage of Persecution: Of this, you have
had a large Portion; but I dare say, you are made the better by
it: At least I will venture to say, that the sharpest Persecution
for the sake of ones Country, can never prove a real Injury to an
honest Man.
In this little Part of the World - a Land, till of late happy in
its Obscurity - the Asylum, to which Patriots were formerly wont
to make their peaceful Retreat; even here the stern Tyrant has
lifted up his iron Rod, and makes his incessant Claim as Lord of
the Soil: But I have a firm Perswasion in my Mind, that in every
Struggle, this Country will approve her self, as glorious in
defending & maintaining her Freedom, as she has heretofore been
happy in enjoying it.
Were I a Native and an Inhabitant of Britain, & capable of
affording the least Advice, it should constantly be; to confirm
the Colonies in the fullest Exercise of their Rights, and even to
explore for them every possible Avenue of Trade, which should not
interfere with her own Manufactures. From the Colonies, when she
is worn with Age, she is to expect renewed Strength. But the Field
I am entering, is too large for the present: May Heaven forbid,
that it should yet be truly said of Great Britain, Quam Deus yult
perdere, -!
I am with strict Truth
Sir
Your most humbe Servt
1See above, page 9.
ARTICLE [SIGNED "VINDEX."]1
[MS., Samuel Adams Papers, Lenox Library.]
To THE PRINTER
In my last I considerd the Temper which the Soldiers in general
had discoverd and the threats they had [utter'd] previous to the
fifth of March together with their correspondent Behavior on that
alarming Evening. I was the more brief, because there had been a
narrative of the horrid massacre, printed by the order of this
Town, which was drawn up by a Comt appointed for that purpose; and
reported by their Chairman, JAMES BOWDOIN Esqr. The affidavits
which are annexd to the narrative were each of them taken before
two Justices of the Peace Quorum Unus to perpetuate the remembrance of
the thing: Coll William Dalrymple, chiefe Commander of the Soldiers,
was duly notified by the Justices to attend the Captions: And His
Honor the Lt Governor certified, under his Hand with the province Seal
annexd, that full faith & Credit was & ought to be given to the
several Acts & Attestations of the Justices, both in Court & without.