testified, that the barber's boy came up to the people, and
pointing at the centry, said, here 's the son of a b--ch that
knocked me down; upon which one of the witnesses said, the people
cried kill him - Both said, that the centry ran to the custom-
house steps, knocked at the door, but could not get in - neither
of them mention'd any thing thrown at him, nor any attack upon him
- he prim'd and loaded his gun and levelled it; told the people to
stand off, and called to the main-guard; upon which Capt. Preston
and his party came down - Mr. Bulkly, summoned also by the
prisoners, testified that he thought the centry was in danger, by
the number of people about him, and the noise; and mentioned no
other reason for his thinking so - he said that a person told
Capt. Preston, that they were killing the centry - This person was
probably one Thomas Greenwood, a servant in the custom-house; for
he himself declared before the magistrates, that he was in the
custom-house, and went from thence to the main-guard, and told one
of the Soldiers, if they did not go down to the centry, he was
afraid they would hurt him, tho' he had not seen any person insult
him - This man, at the same time depos'd, that he saw two or three
snow balls fall near the steps of the custom-house, but saw no
person throw any stones; tho' he had placed himself in the most
convenient room in the house for observation - Mr. Harrison Gray
mention'd the people round the centry, making use of opprobrious
language, and threatening; but said nothing of their attacking
him, or throwing anything at him - Mr. Hinckley declared, that the
people went to the centry, and at last some of them cried kill
him, but did not see any attempt to hurt him - Mr. Cornwall swore,
that he saw snow balls and 2 or 3 oyster shells thrown at the
centry, but did not think they hit him - he heard several young
gentlemen perswading the people to go off, and believed they all
would have gone off, if the Soldiers had not come down - Mr.
Helyer declared, that he came into King-street, and saw the centry
and twenty or thirty persons - some boys at their diversion - The
centry wav'd his gun in a way that had a tendency to exasperate
the people - Mr. Brewer saw the centry with his bayonet breast
high - a number of boys, twenty or more round him, talking but
doing nothing. Mr. Bailey was standing with the centry on the
custom-house steps - saw 20 or 30 boys of about 14 years old -
they were throwing pieces of ice at him, large and hard enough to
hurt him, but did not know whether they hit him. This must appear
very strange as he was so near him - his standing with him on the
steps, would lead one to think he was an acquaintance of the
centry; which is confirmed by another circumstance, for he said
that when the party came down, one of the Soldiers put his bayonet
to his breast, and the centry told him not to hurt him - Mr.
Simpson swore, that the centry knock'd at the customhouse door -
that a person came to the door and spoke to him, upon which he
turn'd and loaded his gun - There was one witness, and I think but
one, who mention'd pieces of sea-coal thrown at the centry; and
that was Andrew a Negro - A fellow of a lively imagination indeed!
- One, who I believe could tell as good a story even to my lord of
H. and give his lordship as circumstantial an account of "the
unhappy transaction", as some, who have already had the honor of
doing it, & who may think themselves to be Andrew's betters - he
is remarkable for telling romantick stories in the circles of his
acquaintance - And whether his fancy had beguil'd his own
judgment, or whether he had a mind to try his success at painting
upon so serious an occasion, or lastly, whether he was resolv'd to
do his utmost to save the prisoners, I pretend not to say; but he
certainly made some folks believe, that the ashes made of sea-coal
burnt with great savings in the adjacent offices, were like the
cinders thrown out of a blacksmith's shop -Andrew's evidence, if
not his judgment, was greatly rely'd upon; and the more, because
his master, who is in truth an honest man, came into court and
swore to his character; and further said, that Andrew had told
him, that He really believ'd the inhabitants were to blame - It
is, I am apt to think, in general true, that no man knows so
little of the real character of his servant, as the master himself
does: It is well known, that the Negroes of this town have been
familiar with the soldiers; and that some of them have been
tamper'd with to cut their master's throats: I hope Andrew is not
one of these. His character for integrity and even for learning,
for he can both read & write, has been upon this occasion wrought
to so high a pitch, that I am loth even to hint any thing that may
tend to depreciate it; otherwise, I should say, that there are
some, whose kitchens Andrew has frequented, who will not give him
quite so exalted a character, as others, who had not known him,
thought he deserved. - Several others, witnesses for the prisoners
testified to the same purpose; that the people encroach'd upon the
centry; that he loaded his gun and threatned to fire upon them;
and that they in return dared him to fire, and throw'd a few snow
balls. Mr. Hall said, that he presented his gun at the people, and
they threw snow balls and some oyster-shells at him; and they hit
his gun two or three times - Mr. Payne who saw the centry when he
was alone, and until the party came up and fired, "perceived
nothing but the talk, that he thought would have induced him or
any of the Soldiers to fire": Words are not an assault, and could
not warrant him to fire: Mr. Knox and others saw nothing thrown at
him nor any attack made on him: Mr.-----and some others said, they
saw snow balls and other things thrown at him; but it appears very
probable, from the course of the evidence, that if any thing was
thrown at him, it was not till he had loaded his gun, threatened
to fire, & waved it in such a manner as tended to exasperate
people; and as Mr. Knox tho't, had snapped his gun. The first
assault was made by the centry himself, when upon a foolish
provocation in words only, he struck the barber's boy: He renewed
the assault, when he loaded his gun and presented it upon the
people, threatning to fire upon them: In doing this, he put his
Majesty's subjects in terror of their lives, against the law of
the land; and they would have been justified in seizing him at
least - If he had thought himself in danger, instead of threatning
the lives of others, he must first, according to the law of the
land, have retreated if he could, and even from his post: Other
doctrine, I know, has been strongly inculcated of late, by those
who would set up, or tamely yield to, an uncontroulable military
power; but I trust in God, it will never be established here: It
never can, while the people entertain a just idea of the nature of
civil government, and are upon their guard against the daring
encroachments of arbitrary, despotic power. The people were
inclin'd to disperse, and did disperse, in the beginning of this
childish dispute; as appeared by the evidence of Mr. Parker: And
notwithstanding the mutual animosity, if the reader pleases, which
afterwards arose between the centry and them, they would have
finally dispers'd, in the opinion of another witness, if the party
had not come down from the main-guard.
VINDEX.
Jan. i.
TO STEPHEN SAYRE.
[MS., Samuel Adams Papers, Lenox Library.]
BOSTON Jany 12 1771
SIR
I wrote you p Capt Hall who saild about ten days ago, & then
inclosd, some papers publishd in the Boston Gazette upon the
Subject of the late Trial of the Soldiers. I now send you
duplicates, together with others on the same Subject since
publishd. I perceive that Mr Hutchinson is appointed Govr here,1 &
it is said he is to have an independent Salary! Is not this
perfect Despotism? What can the people of Britain mean, by
suffering their great men to enslave their fellow Subjects? Can
they think that the plan is confind to America? They will surely
find themselves mistaken. I am in haste.
1 "I find by the prints that the Commissions have been published
at Boston,14th Inst constituting Lt Gov. Hutch. Governor, and
Secrety Oliver Lt Gov. of Massachusetts." - Literary Diary of Ezra
Stiles [March 22, 1771], vol. 1., p. 97. "Govr Thomas Hutchinson and
Lieut. Govr Andrew Oliver, Esq's., commissions published ; Judges in
their robes, and all the Bar in their habbits, Walked in procession."
[March 14, 1771], The Diaries of Benjamin Lynde, and of Benjamin
Lynde, Jr., p. 201.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, January 14, 1771.]
To the PRINTERS.
I Have in my last, consider'd the situation and behavior of the
centry, and the people that were round him, immediately before the
coming down of the Soldiers from the main-guard. Some of the
witnesses, sworn in open court, who I believe, are allow'd to be
of equal credit with any of the rest, and were present thro' the
whole bloody scene, declared, that they perceived nothing thrown
at the centry - Nothing but the number of people and the noise
they made, that led them to apprehend he was in danger - Nothing
but the talk, that induc'd them to think he would fire: Others
indeed saw snow balls, and other things thrown at him, after he
presented his gun, and wav'd it in an exasperating manner,
and threatened to fire: - One in particular, declared, that he saw
balls of ice thrown, large & hard enough to hurt any man: It is
strange, if he thought the centry in danger, that he should stand
so near him, as by his own testimony it is evident he did, till
the Soldiers came down: I think, upon the whole, we may fairly
conclude, that but few of these things were thrown at him; and
that they were in consequence of his loading his gun, & presenting
it at the people: It was the opinion of one of the witnesses for the
prisoners, that the people would have dispersed, if the soldiers had
not come down: It was then unfortunate, that the soldiers were so
suddenly order'd down. Whether it was regular, for a captain to take a
corporal's command, or was ever done before in the army, I leave
others to say, who are better acquainted with the art military,
than I pretend to be: If not, it may be difficult to account for
Capt. Preston's great readiness to undertake so disagreable and
dangerous a task.
In the publick Advertiser, printed in London, the 28th of April
last, I have seen a paper called, the Case of Capt. Thomas
Preston: It was published in his name, tho' not wholly his own
draft; as he declared to a committee of this town, who waited upon
him for an explanation of some passages in it,1 which were
notoriously false, and grosly reflecting upon some of the
magistrates, as well as the people of the town and province. I may
hereafter particularly consider this paper, which has had its run
thro' Britain and America; and point out
the many "faults of partiality" which are contain'd in it: The
only reason why I have not already done it, was, because I agreed
in the general sentiment of the inhabitants of this town, that
nothing of this kind should be publish'd, at so critical a
juncture, lest it might be tho't to prejudice the minds of Jurors
on a trial for life.2- It may be perhaps more easy, and of full
as much importance to the publick, to ascertain the person, who
several times alter'd the state of the case; and, as Capt. Preston
himself declared, even after it finally came out of his hands, as
it would be, to ascertain the person in a red cloke; which the
writer in Draper's paper has been so often in vain called upon to
do, in fulfillment of his voluntary promise. - In this paper,
Capt. Preston, or his friend in his behalf, says, "he sent a non-
commission'd officer and twelve men, and very soon follow'd
himself:" The witnesses in court, on both sides declared, that
Capt. Preston himself came down with the party. Again he says, he
followed, "lest the officer and soldiers should be thrown off
their guard, and commit some rash act": But, did he restrain them
from commiting so rash an act, as firing upon the multitude? - He
surely must have observ'd the violent temper which the soldiers
discover'd, as "they rushed thro' the people" according to his own
account; "upon the trot, in a threatning manner, damning the
people and pushing them with their bayonets", as Mr. Knox and
others swore in court: He knew their guns were charg'd with ball;
he declar'd it at the time, and on the spot, as Mr. Palmes testified:
Should he not then, at the very instant, when he must if ever, have
been apprehensive, that they would commit some rash act, at least
have caution'd them, not to fire, till he himself should give the
orders? Instead of this, by his own, or his friend's account,
publish'd as his own, we find no such prudent directions to the men
under his command; who by the rules of the army, would have been
liable to suffer death, if they had disobey'd! What single step did
he take, to prevent their committing a rash act, for the sake of which
alone, he tells us, he followed down? Not one according to the state
of his case, till after they began to fire: "Upon my asking the men,
says he, why they fired without orders, they said, they heard the
word, fire, and suppos'd it come from me": It seems, it was the
apprehension of the Soldiers, that he order'd them to fire; and we
must suppose, that the Soldiers were particularly attentive to their
commanding officer: But he adds, "I assured them my words were,
don't fire"; from hence it is plain that he gave them some order.
I am no Soldier, and never desire to be one: But I appeal to those
who are, whether the words, "don't fire," are words of command in
the British army; and whether there is not some other word which
Soldiers are taught to understand, more proper to be given on such
an occasion, or, as I chuse to express it, in the heat of action,
which would have prevented such rashness, and even put it out of
their power to have fired, at least to have done any mischief.
These words, I well remember, it was said were made use of in
command, at another time, and by another officer of the same
regiment; when one of the soldiers, thro' mistake, fired upon the
march, in the street, and very nearly effected the death; not to
say, the murder of a worthy citizen: The soldier was soon jostled
from the reach of civil power; which was a mighty easy thing to be
done, as was found by experience, at a time when the first
magistrate of the province had publickly declared, that he had no
authority over the King's troops, which has since been repeated:
The good men of the county however, found a bill of indictment
against the officer who commanded the party: But when the matter
came upon trial before the superior court, altho' some positively
swore that he gave the word, fire, yet because the soldiers swore
that his words were don't fire, a doubt arose; and a doubt you
know, must turn in favor of the accused party; for the good old
maxim is, whether founded in the law of Moses, the common law, the
law of nature and reason, or the safety of human societies, better
ten villains escape than one honest, harmless man be hang'd-
Whether the officer would have so luckily escaped, upon a trial
before a court martial, for giving a word of command,
unintelligible in a military sense, I very much doubt.. - Capt.
Preston further said, that "his intention was not to act
offensively, nor even the contrary part, without compulsion": That
is, when he should think himself compelled, he was to act defensively;
and in what way could he or his soldiers act upon the defence, with
muskets charg'd with ball, but by discharging them upon the people,
which he must have concluded would have kill'd some of them? No
matter, the people were the agressors; and besides, "the King's money
was to be protected" as well as the centinel - Here I will acquit
Capt. Preston, as a man of too much honor to suggest a known falshood:
It has been the constant practice of a certain set of men, meanly to
insinuate, that the Americans in their exertions against lawless
power, have always had something dishonorable in view: At present, it
is the plundering the King's chest; altho' even Greenwood himself, an
hired servant in the custom-house, a dependent upon dependents, if
he is to be believed, depos'd before the magistrate, that amidst
the whole volley, as some would have it, of snow balls, oyster
shells, ice, and as Andrew said, sea coal, thrown at the centinel,
"not a single Pane of the custom-house windows were broken; nor
did he see any person attempt to get into the house, or break even
a square of glass " - The soldiers acted defensively, and it seems
as tho' Preston thought they were at length compelled to do it;
for if it was done against his orders, or barely without his
orders, with what propriety could he say to the person of the
first character in the province, "I did it to save my men," - A
precise answer indeed, to the question put to him; and therefore,
I should have thought, not "unsatisfactory," or "imperfect ", as
it was afterwards affirmed to have been.
Such were the effects of Capt. Preston's sending the non-
commission'd officer and the soldiers to protect the centinel and
the King's money; and of his following very soon after, to prevent
their committing a rash act: But if Capt. Preston had a right to
go to the protection of any man whom he thought in danger, had he or
his party a right to engage in an affray, and carry into an incensed
mob, as he calls it, weapons which could not be used without killing,
and there make use of them as he should judge necessary? Ought he not
to have called upon a civil officer, and put himself, and his men, if
required, under his direction, before he went upon so desperate a
design? Or, does the law of the land, invest every, or any military
officer, even of the highest rank, with the right, above all other
citizens, of making himself a party in a riot, under a pretence of
suppressing it; of carrying with him soldiers arm'd with weapons of
death, and making use of them at discretion, without even the presence
of a civil officer - This is a point of too much importance to be
yielded; for the lives of subjects are not to depend, upon the
judgment or discretion, much less upon the will and pleasure, or
wanton humour of his Majesty's military servants.
I am sensible, I have heretofore taken up too much room in your
useful paper: I shall avoid it at present; and the rather, to
afford you the opportunity of inserting an address "to the
PROTESTANTS of the three Kingdoms, and the COLONIES"; being the
preface to a late publication in London, containing a series of
important letters of the Earl of Hillsborough, the Marquiss of
Rockingham, and others, from a gentleman whose signature is Pliny,
junior.
VINDEX
1 See above, page 14
.
2 See above, page 102.
ARTICLE SIGNED "VINDEX."
[Boston Gazette, January 21, 1771.]
To the PRINTERS.
As the lives of five of his Majesty's subjects were unfairly lost
on the evening of the 5th of March last, it follows that some
persons must have been in fault:
The unhappy sufferers, for ought that has ever appeared, were in
the peace of God and the King; let their memories then, so far at
least as respects this matter, remain unreproach'd. It appeared by
the evidence in court, that all the prisoners were present in king
street; that they all discharg'd their musquets but one, and his
flush'd in the pan; and that the deceas'd were all kill'd by
musquet balls. Six of the prisoners were acquitted by the jury,
and two were found guilty of manslaughter. In ordinary cases, the
publick ought to rest satisfied, with the verdict of a jury; a
method of trial, which an Englishman glories in as his greatest
security: It is a method peculiar to the English; and as a great
writer observes, has been a probable means of their having
supported their liberties thro' so many ages past: Among the most
substantial advantages arising from trials by juries, there is
this incidental one, in this province especially; that by our
laws, no man being oblig'd to serve as a juryman more than once in
three years, it falls upon the freemen as it were by rotation; by
this means, the people in general are in their turns called to
that important trust; by attending in courts of law and justice,
it is to be presum'd that their minds are there impress'd with a
sense of justice; and that they gain that general idea of right or
law, which it is necessary that all men in a free country should
have. "It is an admirable institution, by which every citizen may
be plac'd in a situation, that enables him to contribute to the
great end of society, the distributing justice; and it every where
diffuses a spirit of true patriotism, which is zealously employed
for the publick welfare." I am not about to arraign the late
jurors before the bar of the publick: They are accountable to God
and their own consciences, and in their day of trial, may God send
them good deliverance. But in times when politicks run high, we
find by the experience of past ages, it is difficult to ascertain
the truth even in a court of law: At such times, witnesses will
appear to contradict each other in the most essential points of
fact; and a cool conscientious spectator is apt to shudder for
fear of perjury: If the jurors are strangers to the characters of
the several witnesses, it may be too late for them to make the
enquiry, when they are upon their seats: The credibility of a
witness perhaps cannot be impeac'd in court, unless he has been
convicted of perjury: But an immoral man, for instance one who
will commonly prophane the name of his maker, certainly cannot be
esteemed of equal credit by a jury, with one who fears to take
that sacred name in vain: It is impossible he should in the mind
of any man: Therefore, when witnesses substantially differ in
their relation of the same facts, unless the jury are acquainted
with their different characters, they must be left to meer chance
to determine which to believe; the consequence of which, may be
fatal to the life of the prisoner, or to the justice of the cause,
or perhaps both. It was for this reason, that I was concern'd,
when the council for the crown objected the notoriety of the
immoral character of a witness, that he was stopped by one of the
council on the other side. In a court of justice, it is beneath
any character to aim at victory and triumph: Truth, and truth
alone is to be sought after.
While the soldiers were passing from the main guard to the custom-
house, it did not appear by any of the witnesses, that they were
molested by the people; if we except what was mention'd, as having
been said by Mr. Car, one of the deceased persons: His doctor
testified, that he told him, the "people pelted them as they went
along". - The declaration of a dying man commonly carries much
weight, and oftentimes, possibly more than it ought: This man's
declaration was not made upon oath, nor in the presence of a
magistrate: The doctor had a curiosity, as most had, to know how
matters were, and enquired of his patient who he thought could
inform him; it may be, not expecting to be called to relate it
before a court, nine months afterwards, when he might have nothing
but memory to recur to: No one disputes the doctor's understanding
or integrity: I have before said, that others were ready to
testify, that Car gave them a very different account from that
which he gave to his doctor: It ought to be remembered, that the
unhappy man was laboring under the pains and anxiety occasioned by
a mortal wound; and might not be able at all times to attend duly
to such questions as were asked him: What makes it highly probable
that he must have been mistaken, is, that among the many
witnesses, not one on either side, mention'd their seeing the
least ill usage offer'd to the soldiers as they pass'd from the
main guard; not even Mr. Gridley, whose declared intention was, at
the request of some gentlemen, with whom he had been in company,
to
It is agreed by the witnesses for the prisoners, who mention'd
their seeing the soldiers upon their first coming down, that they
loaded their guns, levelled them at the people & began to insult &
abuse them, (as indeed they did upon their march); before any just
provocation had been offer'd to them. - Mr. Hinckley saw the party
come down - they loaded - push'd their bayonets and pricked the
people - Mr. Wilkinson also saw the party come down; did not see
anything thrown at them, tho' he stood at two or three yards
distance - Mr. Murray said they came down and cried make way -
Andrew declared, that the party planted themselves at the custom-
house - the people gave three cheers - he heard one of the
soldiers say, damn you stand back - one of them had like to have
prick'd a man as he was passing by, and swore by God he would stab
him - several persons were talking with the captain, and a number
pressing on to hear what they said; one of the persons talking
with the officer said "he is going to fire"; the people shouted
and said, he dare not fire; and then they began to throw snow
balls. Even by Andrews account, the people were rather curious to
know what the soldiers design'd to do, than intent upon doing
them any hurt, untill they were assaulted by them; which I am apt to
think is true; because Newtown Prince, another Negro, of whom for my
own part I conceive a better opinion than of Andrew, declared, that
the Soldiers planted themselves in a circle - their guns breast high
-and, the people crowded on, to speak with Capt. Preston - and
further, several of the witnesses swore that they themselves talked
with the Captain, and one of them caution'd him against firing
- Capt. Preston himself also in his printed state of his case says,
that he reasoned with "some well behav'd persons": To show that "as
he was advanced before the muzzels of their pieces, he must fall a
sacrifice if they fired " -and that his ordering them to fire "upon
the half cock and charged bayonets would prove him no officer"; all
which might be true, and yet in my humble opinion not quite so
"satisfactory" as the answer which he afterwards gave to the
Lieutenant Governor; for he might, I suppose, in an instant shift his
station, and the soldiers, by a proper word of Command, might
discharge their musquets without his falling a sacrifice or forfeiting
the character of a soldier - Such a manner of reasoning upon their
question, whether he intended to order the men to fire, was evasive;
and may serve to show Captain Preston's opinion, that however well
behav'd these gentlemen were, they were no Soldiers.
I shall now take notice of what the witnesses for the crown testified
concerning the behavior of the Soldiers, upon their first arrival at
the custom-house. Mr. Austin saw the party come down; the captain was
with them; McCauley, one of the prisoners, loaded his gun, push'd at
him with his bayonet and damn'd him - He did not observe the people
press on - Mr. Bridgham declared, that about a dozen surrounded the
Soldiers and struck their guns with their sticks: But he also said the
Soldiers were loading at the same time - He further added, that he did
not apprehend himself or the Soldiers in any danger by any thing he
saw, from whence it may be suppos'd, that as the people struck their
guns only, when they might as easily have have knocked them down,
their intention was not to hurt them, but rather to prevent their
loading - Mr. Brewer saw the party come down - told Captain Preston
that every body was about dispersing; in which he agreed with another
witness, who was of the opinion that the people would have dispers'd
if the Soldiers had not come down; Mr. Brewer added, that Killroi, one
of the prisoners, struck him with his bayonet before they formed, and
that he saw no blows and nothing thrown before the firing - Mr. Bailey
testified, that when the party came down, Carrol one of the prisoners
put his bayonet to his breast. Mr. Wilkinson stood at about two yards
distance from the Soldiers all the while they were there - He saw no
ice nor snow balls thrown; in which he agreed with Mr. Austin - Mr.
Fosdick testified, that he was push'd as the party came down - that
afterwards they wounded him in the breast - two different bayonets
were thrust into his arm - all this while there had been no blows that
he saw, nor did he know the cause of their firing - Mr. Palmes saw
Capt. Preston at the head of the Soldiers who were drawn up with their
guns breast high and their bayonets fixed; and Preston told him they
were loaded with powder and ball - I think I have mentioned all the
witnesses, who testified in court to what they saw upon the first
arrival of the party at the customhouse: And by their testimonies the
reader will judge, whether the Soldiers had just provocation to fire
upon the people; or whether they were in danger of their lives or had
any reason to think they were: On the contrary, whether they did not
themselves first assault the people as they were coming from the main
guard; and afterwards, by levelling their guns loaded with ball in an
exasperating manner at the people; pushing their bayonets at some of
them, wounding others and threatning all, even before any injury had
been offer'd to them.