I shall conclude what I have to say upon this interesting subject in

my next. In the mean time let me assure Philanthrop, that I am fully

of his mind, that a true patriot "will not from private views, or by

any ways or means foment and cherish groundless fears and jealousies":

But perhaps we may not be so well agreed in our determination, when

the fears and jealousies of our fellow citizens are groundless - It is

I believe the general opinion of judicious men, that at present there

are good grounds to apprehend a settled design to enslave and ruin the

colonies; and that some men of figure and station in America, have

adopted the plan, and would gladly lull the people to sleep, the

easier to put it in execution: But I believe Philanthrop would be far

from acknowledging that he is of that opinion. The fears and

jealousies of the people are not always groundless: And when they

become general, it is not to be presum'd that they are; for the people

in general seldom complain, without some good reason. The inhabitants

of this continent are not to be dup'd "by an artful use of the words

liberty and slavery, in an application to their passions," as

Philanthrop would have us think they are; like the miserable Italians,

who are cheated with the names " Excommunication, Bulls, Crusades,"

&c. They can distinguish between "realities and sounds"; and by a

proper use "of that reason which Heaven has given them ", they can

judge, as well as their betters, when there is danger of slavery. They

have as high a regard for George the III. as others have, & yet can

suppose it possible they may be made slaves, without "enslaving

themselves by their own folly and madness"; They can believe, that men

who "are bone of our bone, and flesh of our flesh, born and bred among

us," may, like Achan, for a wedge of gold, detach themselves from the

common interest, and embark in another bottom; in hopes that they,

"with their wives and children" will one day stand and see, and enjoy,

and triumph, in the ruins of their country: Such instances there have

been frequently in times past; and I dare not say, we have not at

present, reason enough for "exclaiming with the roman patriot, 0

tempora, 0 mores ". The true patriot therefore, will enquire

into the causes of the fears and jealousies of his countrymen; and if

he finds they are not groundless, he will be far from endeavoring to

allay or stifle them: On the contrary, constrain'd by the Amor Patrae,

and from public views, he will by all proper means in his power foment

and cherish them: He will, as far as he is able, keep the attention of

his fellow citizens awake to their grievances; and not suffer them to

be at rest, till the causes of their just complaints are removed. - At

such a time Philanthrop's Patriot may be "very cautious of charging

the want of ability or integrity to those with whom any of the powers

of government are entrusted": But the true patriot, will constantly be

jealous of those very men: Knowing that power, especially in times of

corruption, makes men wanton; that it intoxicates the mind; and unless

those with whom it is entrusted, are carefully watched, such is the

weakness or the perverseness of human nature, they will be apt to

domineer over the people, instead of governing them, according to the

known laws of the state, to which alone they have submitted. If he

finds, upon the best enquiry, the want of ability or integrity; that

is, an ignorance of, or a disposition to depart from, the

constitution, which is the measure and rule of government &

submission, he will point them out, and loudly proclaim them: He will

stir up the people, incessantly to complain of such men, till they are

either reform'd, or remov'd from that sacred trust, which it is

dangerous for them any longer to hold. -Philanthrop may tell us of the

hazard "of disturbing and inflaming the minds of the multitude whose

passions know no bounds": A traitor to the constitution alone can

dread this: The multitude I am speaking of, is the body of the people

- no contemptible multitude - for whose sake government is instituted;

or rather, who have themselves erected it, solely for their own good -

to whom even kings and all in subordination to them, are strictly

speaking, servants and not masters. "The constitution and its

laws are the basis of the public tranquility - the firmest support of

the public authority, and the pledge of the liberty of the citizens:

But the constitution is a vain Phantom, and the best laws are useless,

if they are not religiously observed. The nation ought then to watch,

and the true patriot will watch very attentively, in order to render

them equally respected, by those who govern, and the people destin'd

to obey " - To violate the laws of the state is a capital crime; and

if those guilty of it, are invested with authority, they add to this

crime, a perfidious abuse of the power with which they are entrusted:

"The nation therefore, the people, ought to suppress those abuses with

their utmost care & vigilance" - This is the language of a very

celebrated author, whom I dare say, Philanthrop is well acquainted

with, and will acknowledge to be an authority.

Philanthrop, I think, speaks somewhat unintelligibly, when he tells us

that the well being and happiness of the whole depends upon

subordination; as if mankind submitted to government, for the sake of

being subordinate: In the state of nature there was subordination: The

weaker was by force made to bow down to the more powerful. This is

still the unhappy lot of a great part of the world, under government:

So among the brutal herd, the strongest horns are the strongest laws.

Mankind have entered into political societies, rather for the sake of

restoring equality; the want of which, in the state of nature,

rendered existence uncomfortable and even dangerous. I am not of

levelling principles: But I am apt to think, that constitution of

civil government which admits equality in the most extensive degree,

consistent with the true design of government, is the best; and I am

of this opinion, because I agree with Philanthrop and many others,

that man is a social animal. Subordination is necessary to promote the

purposes of government; the grand design of which is, that men might

enjoy a greater share of the blessings resulting from that social

nature, and those rational powers, with which indulgent Heaven has

endow'd us, than they could in the state of nature: But there is a

degree of subordination, which will for ever be abhorrent to the

generous mind; when it is extended to the very borders, if not within

the bounds of slavery: A subordination, which is so far from conducing

"to the welfare and happiness of the whole", that it necessarily

involves the idea of that worst of all the evils of this life, a

tyranny: An abject servility, which instead of "being essential

to our existence as a people," disgraces the human nature, and sinks

it to that of the most despicable brute.

I cannot help thinking, that the reader must have observed in

Philanthrop's last performance, that a foundation is there laid for a

dangerous superstructure: and that from his principles, might easily

be delineated a plan of despotism, which however uncommon it may be,

for the laws and constitution of the state to be openly and boldly

oppos'd, our enemies have long threatened to establish by violence. If

Philanthrop upon retrospection shall think so, he will, like a prudent

physician, administer an antidote for the poison: If not, I hope the

attention of others will be awakened to that excellent maxim, "no less

essential in politicks than in morals", principiis obsta. It is

impolitick to make the first attempt to enslave mankind by force: This

strikes the imagination, and is alarming: "Important changes

insensibly happen: It is against silent & slow attacks that a nation

ought to be particularly on its guard."

VINDEX.

Jan. 15th.

ARTICLE SIGNED VINDEX."

[Boston Gazette, January 28, 1771]

To the PRINTERS.

In my last, I recollected the testimonies of the witnesses on both

sides, who related in court the behavior of the soldiers and the

people, on the fatal evening of the fifth of March last. The reader,

if he pleases, will judge; whether the people struck the soldiers

guns, or threw snow balls or any other thing, or offer'd them the

least violence, from their first turning out till they had march'd to

the custom-house, abused, threatned, beat and wounded the people,

loaded their guns with powder and ball, levelled them, and waved

them in an exasperating manner, and gave out that they would fire; for, if

Andrew is to be believed, he testified, that when one of the persons

talking with the officer, turn'd and said, "they are going to fire ",

the people shouted, and said "they dare not fire ", and then they

began to throw snow balls. If all these things were done by the

soldiers, before the people offer'd them any injury, I would ask, who

made the first assault? If there was an unlawful assembly, who were

they? Were the people the unlawful assembly, who were collected

together, some from an apprehension of fire in the town, and with the

necessary preparations, engines and buckets, to have extinguish'd it,

if there had been one; others from the more alarming apprehension,

that the soldiers had issued from the barracks, as indeed they had

done, and that agreable to their threatnings many days before, and

their correspondent behavior on that very evening, they were

massacreing the inhabitants? Were they, who bore all that insolent and

irritating language from the soldiers, as they march'd from the main

guard, and before they form'd at the customhouse; who were push'd at,

struck with bayonets and wounded, to be charg'd with being the

aggressors, because they finally, when they saw them bent upon firing

against repeated warnings, took such methods as their understanding

dictated to them, in the midst of such a scene, to prevent their

"committing so rash an act"? An act, which it was the duty as well as

the profess'd design of their officer to have prevented; and which, in

the opinion of some, he might have prevented if he would: And yet we

find a person of high rank and figure in this province, testifying in

court in the case of Capt. Preston, that such was his opinion of the

prudence of this same officer, that he should have chosen him out to

have commanded upon a like occasion.

I believe, that in ordinary times, if a banditti of men of violence

had been seen, with guns loaded and bayonets fix'd, trembling with

rage, and ready to fire upon a multitude in the street, it would have

been counted meritorious, in any man or number of men, at all events

to have disarm'd them; and if death had ensued in the attempt, perhaps

it would not have been adjudg'd excuseable homicide or manslaughter. I

am sensible it is said by some, that it was the duty of the soldiers

to maintain their post: It was sworn by a military officer in court,

that "the centinel at the custom-house, was station'd and appointed by

the commanding officer, Lieut. Colonel Dalrymple; that they could not

stir from their post, and it was at their peril if they did"; and

Capt. Preston in his state of the case says, "He sent a party to

protect the centinel": But this is military language; to be used in

camps and garrison'd towns, not in free cities; in courts martial, and

not in courts of common law: It is dangerous to adopt military maxims,

however pleasing they may be to some men, and to bring them into use

in civil societies: If the centinel had been in danger, as was

pretended, the law of the land, to which the most distinguish'd

officer in the King's army is subjected, would have protected that

centinel: Or, if there had indeed been a dangerous mob,

the law would have suppress'd it; and no soldier should have dared to

have interfered, as a soldier, without the command of a civil

magistrate.

Capt. Preston in his state has said, "The mob still increas'd, and was

more outrageous": And what did he say the mob did after they became

more outrageous? Why, "they struck their clubs or bludgeons one

against another: and called out, come on you rascals, bloody backs,

lobster scoundrels, fire if you dare, we know you dare not fire, and

much more such language": But surely it will not be said, that all

this would justify or excuse their firing: This was after the soldiers

had insulted and wounded the people, and had loaded their guns and

threatned to fire, as appears by the current evidence; and yet

hitherto, by his own account, we find no violence nor even threat

offer'd to the soldiers; nothing but hard names and daring them to

fire. He adds, "while I was parleying and endeavoring all in my power

to perswade them to retire peaceably - they advanced to the points of

the bayonets, struck some of them, and even the muzzels of the

peices"; which corresponds with the testimonies of some of the

witnesses in court before mentioned, who said that while they were

loading, the people struck their guns; very probably, however

indiscrete it might be, to prevent their firing. He further says "they

seem'd to be endeavoring to close in with the soldiers" : This was not

mention'd by any witness in court, nor does it seem to be likely:

Indeed, I cannot see how Capt. Preston could imagine, that they seem'd

to be endeavoring to close in with the soldiers: He says, "he was

talking with some well behaved persons, who had asked him whether he

intended to order the men to fire": Some of the witnesses mention'd

the people's pressing in, and more naturally accounted for it, viz,

from a curiosity "to know what was said ". Capt. Preston adds,

"while I was thus speaking (with the well behaved persons, and in all

likelihood at the very instant, when Andrew testified it was said,

they were going to fire) one of the soldiers having received a severe

blow with a stick, stepped a little on one side and instantly fired."

Upon this, says Capt. Preston, "a general attack was made upon the

men": So that there was no general attack, according to his account,

till after the firing; which agrees with Mr. Bridgham and other

unexceptionable witnesses in court, who declared, that "there was no

danger to the soldiers from any thing they saw " -- " no molestation,

nor any thing which they thought could produce firing": Indeed, one of

the witnesses for the prisoners, Mr. Nath. Russell testified, that

"the soldiers were in a trembling situation, and seemed to apprehend

themselves in immediate danger of death"; but being interrogated,

whether their trembling might not be the effect of rage, he replied,

perhaps it might proceed both from fear and rage. If there had been

such a general attack as Capt. Preston mentions, after one of the

soldiers had actually fired, and the others appear'd to be just ready

to fire (for they all discharg'd their guns in a few minutes

afterwards) it would have been such an appearance as might naturally

have been expected; and therefore Capt. Preston, who, as he says,

"followed" the party for that very purpose, should have taken more

effectual care than he did to have "prevented so rash an act " - There

was time enough for him to have at least prevented the continuance of

the firing after the first gun was discharg'd, and consequently to

have saved the lives of some of his Majesty's subjects ; for Mr.

Bridgham testified, that there was half a minute between the first

and the second gun.

It seems by the evidence, that Montgomery, one of the prisoners, was

the first who fired: It is probable that he was the man, whom Captain

Preston mentions, as having received a blow: The witnesses varied in

their testimonies concerning this fact: He was struck with a stick,

either flung from behind or otherwise: Some say he was knock'd down;

others, that he did not fall: Capt. Preston himself said, "he stepped

a little on one side": Mr. Palmes, who gave, I think, the clearest

account of this matter, declared, that he saw Montgomery struck; he

stepped or sallied back, he could not say which - he did not fall; he

was sure he was not knock'd down before he fired; he could not be, &

he not see it, for his hand was laid familiarly on Capt. Preston's

shoulder, and the soldier stood close to the Captain; he added, that

he himself knock'd Montgomery down, after they had all fired; and the

reason was, that because even then, he was going to prick him with his

bayonet. It seems, the rage of passion in the breast of this soldier,

like that in Killroi's, had not abated, after discharging his piece

upon the people: His thirst was not even then asswaged:' Upon his

attempt, after all the firing, and while numbers were dead on the spot

before him, to stab Mr. Palmes, he struck with his stick, and knock'd

his gun out of his hand; and then he struck the first man he could,

which happened to be Preston: A circumstance related by Preston

himself, with this difference; he says he received the blow, as he

turned to the man who fired, and asked him why he fired without

orders; Mr. Palmes said, it was after all the guns were fired: So that

if Mr. Palmes was not mistaken, Capt. Preston did not put that

necessary question, till after all the firing was over, tho' there was

half a minute's distance between the first and second gun! Mr. Palmes

spake upon oath in court; Capt. Preston did not: Which of them was the

more disinterested person, the reader will judge. Mr. Palmes mentioned

a further struggle between him and Montgomery; and the soldier, after

the third attempt to stab him, in missing him fell to the ground, and

he escaped with his life. - Mr. Danbrook saw Montgomery fire, and two

persons fall - Mr. Bass also saw the same soldier fire; was sure he

did not fall before he fired; he stood where he must have seen it; he

thought he fell afterwards, which co-operates with Mr. Palmes's

testimony. - Mr. Burdick went up to one of the soldiers, whom he took

to be the bald man (pointing at Montgomery); asked him whether he

intended to fire; he answered, yes by the eternal God! A soldier

push'd his bayonet at him, upon which he struck at him a violent blow

and hit the cock of his gun; he saw but one thing thrown, and that was

a short stick ; he heard a ratling, & took it to be the knocking of

the soldiers guns together; for the ground was slippery, and they were

continually pushing at the people; after the firing, while the people

were taking up the dead, the soldiers began to present and cock their

guns, and then the officer said don't fire any more. - Andrew

declared, that the soldiers were pushing with their bayonets

all the time he was there; and that the people (being advis'd so to do

before any gun was discharged) seemed to be turning away to leave the

soldiers : he gives a very minute account of three or four person's

coming round Jackson's corner, with a stout man at their head - his

throwing himself in and making a stroke at the officer - their paying

upon each others heads - and the soldiers paying upon the heads of the

people too; and concludes this part of his narrative, with the

soldiers firing: It seems however, to be the account of the contest

between Mr. Palmes and Montgomery, after all the firing was over, as

related by Mr. Palmes; and wro't up and embellished, in a manner in

which Andrew was said to be capable of doing, and sometimes to have

done upon occasions of mirth, and to divert company.

It appears from what has been said, that after the Soldiers had

repeatedly put the lives of individuals in danger, by pushing them

with their bayonets and stabbing them; and had loaded their guns and

threatned to fire upon the multitude indiscriminately, and the people

had reason to apprehend they were just about to put their threats into

execution, by a stick thrown as is most probable, Montgomery received

a blow: That this was tho't by him sufficient provocation to fire upon

the people, by which one of the witnesses said, two persons were

killed; that Capt. Preston, at so alarming a juncture took no method

to prevent the rest from firing, if what was testified, in court is to

be credited; or, if his own account must be rely'd upon, he exerted no

authority over his men, but used expostulations only: "I asked him

(who first fired and as soon as he had fired) why he fired without

order"; very faintly said indeed, by a gentleman in command, and who

had followed the party to "prevent their committing a rash act": What

ensued was enough to show, either that he had no command over the men,

or that they did not apprehend he was much adverse to their firing;

for they soon after fired, and as we are told, without orders - That

after they had all fired, Montgomery made three attempts to stab Mr.

Palmes, who defended himself, and with difficulty escaped with his

life - That the Soldiers had even at that time, again loaded their

guns and were then, ready to repeat the bloody "action", and fire upon

the people as they were taking care of the dead! Then, for the first

time, we hear of a positive order from Capt. Preston "don't fire

anymore": His order before should have been, "don't fire by any means

", or some other order equivalent to the last, and more regular

perhaps than either. - It further appeared by the evidence in court,

that when the first gun was fired, the people began to disperse: Mr.

Bridgham, whose testimony I presume, will not be disputed, said "they

retired after the first gun": Was it not then "such malignity as might

hardly have been expected from barbarians," to continue firing!

Astonishing as it may be to humanity, this they did: And being

resolved to do further execution, Mr. Williams, a person of known

credit, testified, that "they waved their guns at the people as

they ran": And what, if possible, is still more barbarous, the last

man that fired, as Mr. Bridgham testified, "level'd his gun at a boy,

and mov'd it along, with the motion of the lad"; which testimony, if

it needs it, is confirmed by that of Mr. Helyer: Both agreed that the

lad was not wounded.

"I shall make no further comments; there needs none": I will just say,

that however safely Philanthrop may speak, when he tells us, that "no

individual can have a right, openly to complain or murmur"; if the

times at present were even such, as not to allow one openly to declare

the utmost detestation of such slavish doctrine, I would still venture

to declare my opinion to all the world, that no individual is bound,

nor is it in the power of the tyrants of the earth to bind him, to

acquiesce in any decision, that upon the best enquiry, he cannot in

his conscience approve of. I pretend not to judge the hearts of men:

The "temptations that some men could be under, to act otherwise than

conformably to the sentiments of their own hearts" are obvious: But I

would ask Philanthrop, whether, if a man should openly say, that those

temptations have had their genuine effects, he would not expose

himself to have a bill of information filed against him, by the

attorney general, and to be dealt with in a summary way.

As it was published to the world by Mr. Draper, that the witnesses in

the trial of the custom-house officers, were not credited, I may

possibly hereafter, when I shall be more at leisure, make that the

subject of a free enquiry.

VINDEX.

TO CHARLES LUCAS.1

[MS., Samuel Adams Papers, Lenox Library; the text is in W. V. Wells,

Life of Samuel Adams, vol. i., p. 383.]

BOSTON [March 12] 1771

SIR

Your Letter of the 1 Sept 1770 has been laid before the Town of Boston

at their annual Meeting & attended to with great Satisfaction, and we

are appointed a Committee to return a respectfull Answer. Accordingly

we take this Opportunity in Behalf of the Town to acknowledge the kind

Sentiments your Letter expresses towards us and to intreat you to

employ your Abilities for our Advantage whenever a favorable

Opportunity may present. We are very sensible that you have an arduous

Task in resisting the Torrent of Oppression & arbitrary Power in

Ireland: a kingdom where the brutal power of standing Armies, & the

more fatal Influence of pensions & places has left, it is to be feard,

hardly any thing more than the Name of a free Constitution. We wish

you Strength & fortitude to persevere in patriotick Exertions. Your

Labour will meet with its immediate & constant Reward, in the most

peaceful & happy Reflections of your own mind amidst the greatest

discouragements; and be assured that the Man who nobly vindicates the

Rights of his Country & Mankind shall stand foremost in the List of

fame.

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