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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/2092.txt b/2092.txt new file mode 100644 index 0000000..0d1eaca --- /dev/null +++ b/2092.txt @@ -0,0 +1,13307 @@ +The Project Gutenberg Etext of The Writings of Samuel Adams, V 2 + + +Copyright laws are changing all over the world, be sure to check +the copyright laws for your country before posting these files!! + +Please take a look at the important information in this header. +We encourage you to keep this file on your own disk, keeping an +electronic path open for the next readers. Do not remove this. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**Etexts Readable By Both Humans and By Computers, Since 1971** + +*These Etexts Prepared By Hundreds of Volunteers and Donations* + +Information on contacting Project Gutenberg to get Etexts, and +further information is included below. We need your donations. + + +Title: The Writings of Samuel Adams, volume II (1770 - 1773) +collected and edited by Harry Alonso Cushing + +Author: Samuel Adams + +March, 2000 [Etext #2092] + + + +The Project Gutenberg Etext of The Writings of Samuel Adams, V 2 +******This file should be named 2092.txt or 2092.zip****** + +This text was prepared by Bill Stoddard <hscrr@vgernet.net>, and +Regina Azucena <razucena@netway.com>. + + +Project Gutenberg Etexts are usually created from multiple editions, +all of which are in the Public Domain in the United States, unless a +copyright notice is included. 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FOR PUBLIC DOMAIN ETEXTS*Ver.04.29.93*END* + + + + + +This text was prepared by Bill Stoddard <hscrr@vgernet.net>, and +Regina Azucena <razucena@netway.com>. + + + + + +THE WRITINGS + +OF + +SAMUEL ADAMS + +COLLECTED AND EDITED + +BY + +HARRY ALONSO CUSHING + +_______ +VOLUME II +_______ + +1770-1773 + + + + +CONTENTS OF VOLUME II. + +______ + +1770. + +Article Signed "Vindex," January 8th . . . +Power of Governer over sessions of General Assembly. + +Article Signed "Determinatus," January 8th . . . +Non-importation agreement. + +To the Lieutenant-Governor of Massachusetts, March 19th . . . +Memorial of town of Boston--Apointment of special justices. + +To John Hancock, May 11th . . . +Proposed resignation. + +To Benjamin Franklin, July 13th . . . +Letter of town of Boston--Effect of massacre narrative--Influences +upon public opinion--"Case" of Captain Preston. + +To the Lieutenant-Governor of Massachusetts, August 3d . . . +Answer of House of Representatives--Place of meeting of General +Assembly--Legal opinions--Precedents--Royal instructions--Nature of +Province Charter--Rights of House. + +Article Signed "A Chatterer," August 13th . . . +Royal instructions. + +Article Signed "A Chatterer," August 20th . . . +Character of office holders. + +Article Signed "A Chatterer," August 27th . . . +Reply to "Probus"--Character of lieutenant-governor. + +To Benjamin Franklin, November 6th . . . +Letter of House of Representatives--Appointment as agent--Attitude of +administration to Massachusetts--Royal instructions--Admiralty +jurisdiction--Salaries and appointments. + +To Stephen Sayre, November 16th . . . +Letters of "Junius Americanus"--Non-importation agreement--Trial of +Preston--Royal instructions. + +To the Lieutenant-Governor of Massachussetts, Novemer 20th . . . +Memorial of House of Representatives--Vacancies in militia. + +Article Signed "A Tory," November 20th . . . +Effects of present administration. + +To Peter Timothy, November 21st . . . +Reply to Charleston committee--Non-importation agreement. + +To Stephen Sayre, November 23d . . . +Choice of agent--Royal instructions--Attitude of Huthchinson. + +To Josiah Williams, November 23d . . . +Personal advice. + +Article signed "A Chatterer," December 3d . . . +Royal instructions--Control of troops--Custody of Castle William. + +Article signed "Vindex," December 10th . . . +Trials of Preston and soldiers--Discussion of testimony. + +Article signed "Vindex," December 17th . . . +Trials of Preston and soldiers--Discussion of testimony. + +Article signed "Vindex," December 24th . . . +Trials of Preston and soldiers--Discussion of testimony. + +Article signed "Vindex," December 24th . . . +Reply to "Somebody"--Trial of soldiers. + +To John Wilkes, December 28th . . . +Introduction of William Palfrey--Conditions in colonies. + +Article signed "Vindex," December 31st . . . +Action of Boston on massacre--Attitude of troops--Events of March 5, +1770--Testimony upon trial--The dead. + +Article signed "Vindex," December 31st . . . +Testimony upon trial of soldiers. + +1771. + +Article signed "Vindex," January 7th . . . +Trial of soldiers--Discussion of testimony. + +To Stephen Sayre, January 12th . . . +Enclosing articles on trials. + +Article signed "Vindex," January 14th . . . +Discussion of testimony--"Case" of Captain Preston. + +Article signed "Vindex," January 21st . . . +Result of trial of soldiers--Discussion of testimony--Reply to +Philanthrop. + +Article signed "Vindex," January 28th . . . +Discussion of testimony--"Case" of Captain Preston. + +To Charles Lucas, March 12th . . . +Acknowledgments of Boston. + +To Arthur Lee, April 19th . . . +Beginning of correspondence--General conditions--Designs of +Administration--Royal instructions. + +To the Governor of Massachusetts, April 24th . . . +Answer of House of Representatives--Action of Spain at Port +Egmont--Attitude of Administration--Place of meeting of General +Assembly--Appointment of Governor. + +To the Governor of Massachusetts, April 25th . . . +Salary bills. + +Article signed "Candidus," June 10th . . . +Place of meeting of General Assembly--Royal instructions--Attitude of +Hutchinson. + +Article signed "Candidus," June 17th . . . +Address of clergy. + +To Benjamin Franklin, June 29th . . . +Letter of House of Representatives--Right of Parliament to +tax--Revenue and tribute--Independence of officers--Rights of +colonists--Position of colonial agent. + +Article signed "Candidus," July 1st . . . +Convention of clergy. + +To Arthur Lee, July 31st . . . +Conditions in London--Effects of faction and of arbitrary +power--Attitude of Hutchinson--Disturbances in North Carolina + +Article signed "Candidus," August 5th . . . +Address of clergy--Character of convention. + +Article signed "Candidus," August 19th . . . +Custom of "addressing"--Public opinion of Administration--Stamp +Act--Events in 1768--Character of addresses. + +Article signed "Candidus," September 9th . . . +Assertion of rights by colonists--Factions--Revenue acts. + +Article signed "Candidus," September 16th . . . +Circular letter of February, 1768--The mandate to rescind--Letter to +Hillsborough of June, 1768--Refusal to rescind. + +Article signed "Candidus," September 23d . . . +Dissolution of General Assembly--Charter rights of General +Assembly--Royal instructions. + +To Arthur Lee, September 27th . . . +Remonstrance of London--Despotism in Massachusetts--Cause of colonial +grievances--Possiblity of impeachment--Opposition to an American +episcopate--Introduction of William Story. + +Article signed "Candidus," September 30th . . . +Letters of Bernard--Disorders in 1768--Letters of commissioners. + +To Arthur Lee, October 2d . . . +Comments on William Story. + +Article signed "Candidus," October 7th . . . +Salary of Governor--Attitude of Hutchinson. + +Article signed "Candidus," October 14th . . . +Historic instances of slavery and tyranny--Comparison of America and +Rome--Liberties of America. + +Article signed "Valerius Poplicola," October 28th . . . +Acts of trade--Subjection and allegiance--Legislative power in +Massachusetts--Jurisdiction of Parliament. + +To Arthur Lee October 31st . . . +Action of Council on "Junius Americanus"--Relationship of office +holders--Attitude of House of Representatives--The "Hue and Cry." + +To Joseph Allen, November 7th . . . +Personal advice. + +Article signed "Candidus," November 11th . . . +Jeroboam as a Governor--Attitude of the clergy. + +To Arthur Lee, November 13th . . . +Proclamation by the Governor--Its reception by the clergy. + +Article signed "Cotton Mather," November 25th . . . +Salary of Governor--Provisions of the charter. + +Article signed "Candidus," December 2d . . . +Attitude of the people--Reply to "Chronus"--Royal instructions. + +Article signed "Candidus," December 9th . . . +Jealousy of liberty--Control of revenue--Powers of Governor. + +Article signed "Candidus," December 16th . . . +Reply to "Chronus." + +Memorandum, December 18th . . . +Alleged criticism of Hancock + +Article signed "Candidus," December 23d . . . +Effect of petitioning--Control of funds--Infringement of liberties. + +1772. + +To Henry Marchant, January 7th . . . +Election in London--Activity of government agents--Policy of Crown +officers. + +To Arthur Lee, January 14th . . . +Attitude of Government. + +Article signed "Candidus," January 20th . . . +Acts of trade--Power of taxation--Colonial right of +legislation--Extent of "Dominion." + +Article signed "Candidus," January 27th . . . +Acts of trade--Magna Charta. + +To the Governor of Massachusetts, April 10th . . . +Answer of House of Representatives--Place of meeting of General +Assembly--Power of Governor over sessions. + +Article signed "Vindex," April 20th . . . +Reply to "Philanthrop Jun." + +To the Governor of Massachusetts, July 14th . . . +Answer of the House of Representatives--Repair of Province House. + +Article signed "Valerius Poplicola," October 5th . . . +Tribute--Effect of petitions--Freemen or slaves? + +To Andrew Elton Wells, October 21st +Family affairs--Royal power over colonial government. + +To Elbridge Gerry, October 27th . . . +Independence of judges. + +To Elbridge Gerry, October 29th . . . +Independence of judges--Action of Boston. + +To Arthur Lee, November 3d . . . +Retirement of Hillsborough--Character of Dartmouth--Independence of +judges--Action of Boston. + +To Elbridge Gerry, November 5th . . . +Concert of action--Action of Boston--Independence of judges. + +To Elbridge Gerry, November 14th . . . +Activity in Marblehead--Rights as Christians--Attitude of Roxbury and +Plymouth. + +The Rights of the Colonists as Men, as Christians, and as Subjects, +November 20th . . . + +A List of Violations of Rights, November 20th . . . + +A Letter of Correspondence, November 20th . . . + +Article Signed "Vindex," November 30th . . . +To Aaron Davis--Character of Doctor Young. + +To Arthur Lee, November 31st . . . +Proceedings of Boston--Activity of public enemies--Action of Roxbury +and Plymouth. + +To Elbridge Gerry, December 7th . . . +Acknowledgment. + +To William Checkly, December 14th . . . +Personal reflections. + +Article Signed "Candidus," December 14th . . . +Criticism of Draper's Gazette--Proceedings of Boston . . . + +To Elbridge Gerry, December 23d . . . +Proceedings of Marblehead. + +To Darius Sessions, December 28th . . . +Response to request for advice--The Rhode Island commission--Effect on +judiciary system. + +To the Committee of Correspondence of Cambridge, December 29th . . . +Acknowledgment of Boston committee for their endorsement. + +To the Committee of Correspondence of Plymouth, December 29th . . . +Acknowledgment of Boston committee for their endorsement--Character of +early settlers. + + +1773. + +To Darius Sessions, January 2d . . . +The issue in Rhode Island--Advice to the colony--Probabilities +considered. + +To the Governor of Massachusetts, January 26th . . . +Answer of the House of Representatives--Jurisdiction of +Parliament--Colonial charters--Rights of colonists--Historical +precedents. + +To the Committee of Correspondence of Lynn, February 9th . . . +Acknowledgment of Boston committee--Diffusion of liberty. + +To Darius Sessions, February . . . +Futher advice upon political situation. + +To the Governor of Massachusetts, February 12th . . . +Message of the House of Representatives--Independence of +judges--Attitude of Governor. + +To John Adams . . . +On reply to Governor. + +To the Governor of Massachusetts, March 2d . . . +Answer of House of Representatives--Proceedings of Boston--Rights of +King in colonies--Jurisdiction of Parliament--Historical precedents + + + +THE WRITINGS OF + +SAMUEL ADAMS. + + + +ARTICLE SIGNED "VINDEX." + +[Boston Gazette, January 8, 1770.] +--"And the Governor for the time being shall have full power and +authority from time to time as he shall judge necessary, to adjourn, +prorogue and dissolve all Great and General Courts or Assemblies met +and conven'd as aforesaid."--1 + +THE power delegated by this clause to the Governor was undoubtedly +intended in favor of the people--The necessity and importance of a +legislative in being, and of its having the opportunity of exerting +itself upon all proper occasions, must be obvious to a man of common +discernment. Its grand object is the REDRESS OF GRIEVANCES: And for +this purpose it is adjudg'd that parliaments ought to be held +frequently--The people may be aggriev'd for the want of having a good +law made, as well as repealing a bad one: So they may be, by the mal +conduct of the executive in its manner of administring justice +wrongfully under colour of law. In all these cases and many others, +the necessity of the frequent interposition of the legislative +evidently appears. And if either of them, much more, if all of them +should at any time be justly complain'd of by the people, the +adjourning, proroguing or dissolving the legislative, at such a +juncture, must be the greatest of all grievances--There may be other +reasons for the sitting of an American assembly besides the correcting +any disorders arising from among the people within its own +jurisdiction.--Some of the Acts of the British parliament are +generally thought to be grievous in their operation, and dangerous in +their consequences to the liberties of the American subjects: An +American legislative therefore, in which the whole body of the people +is represented, ought certainly to have the opportunity of explaining +and remonstrating their grievances to the British parliament, and the +full exercise of that invaluable and uncontroulable Right of the +subject to petition the King, as often as they judge necessary, 'till +they are removed. To postpone a meeting of this universal body of the +people till it is too late to make such application must be a +frustration of one grand design of its existance; and it naturally +tends to other arbitrary exertions.--I have often tho't that in former +administrations such delays to call the general assembly, were +intended for the purpose above-mentioned: And if others should have +the same apprehension at present I cannot help it, nor am I answerable +for it. It may not be amiss however for every man to make it a subject +of his contemplation. We all remember that no longer ago than the last +year, the extraordinary dissolution by Governor Bernard, in which he +declared he was merely ministerial, produced another assembly, which +tho' legal in all its proceedings, awaked an attention in the very soul +of the British empire. + +It is not to be expected that in ordinary times, much less at such an +important period as this is, any man, tho' endowed with the wisdom of +Solomon, at the distance of three thousand miles, can be an adequate +judge of the expediency of proroguing, and in effect even putting an +end to an American legislative assembly; and more especially at a time +when the evil spirit of Misrepresentation is become so atrocious, that +even M. . .y itself is liable to be wrongly informed!--It is for this +reason that the delegation of this power to the governor for the time +being, appears to be intended in favor of the people: That there might +be always at the head of the province, and resident therein, as the +charter provides, a person of untainted integrity, candor, +impartiality and wisdom, to judge of and determine so essential a +point--A point, in which I should think, no person who justly deserves +this character, can be passive or merely ministerial, against his own +judgment and conscience. Whenever therefore a Governor for the time +being, adjourns, prorogues or dissolves the general assembly, having +the full power and authority delegated to him of judging from time to +time of the Necessity of it, we ought to presume that he exercises +that power with freedom: That he determines according to the light of +his own understanding, and not anothers: That he clearly sees that it +will answer those purposes which he himself judges to be best; having, +as a man of fidelity in his station ought, thoro'ly revolv'd the +matter in his own mind: And, that however flattering the concurrent +sentiments of any other man may be, he would have been impelled to do +it, from the dictates of his own judgment, resulting from his own +contemplation of the matter, if he had not received the "express +command of his superior." Such a man "will bravely act his mind, and +venture--Death." + +VINDEX. + + +1B. P. Poore, The Federal and State Constitutions, 1878, vol. i., p. +949. vol. ii.--i. + + + +ARTICLE SIGNED "DETERMINATUS." + +[Boston Gazette, January 8, 1770.] + +To the Printers. + +The agreement of the Merchants of this distressed and insulted +continent, to with hold importations from Great Britain, it seems to +be allowed on all sides, has the strongest tendency towards the repeal +of the acts of parliament for raising a revenue in America without our +consent. It is no wonder then, that it was oppos'd with so much +vehemence at first, by the Cabal; who knew full well, that their +Places and their Pensions, and all teh delectable profits which they +expected to reap, and are now actually reaping, at the expence of the +people in town and country, would entirely cease, if these acts, by +the means of which their places, pensions and profits arise should be +repealed--When they could no longer with any face call it the last +efforts of a dying faction, (for the measure was so rational and +pacific, that it soon spread far and wide, and was chearfully adopted +by all disinterested friends of the country thro'-out the continent) +they put on the appearance of the Sons of Liberty; and now their cry +is, Where is that Liberty so much boasted of and contended for? We +hear them very gravely asking, Have we not a right to carry on our own +trade and sell our own goods if we please? who shall hinder us? This +is now the language of those who had before seen the ax laid at the +very root of all our Rights with apparent complacency,--And pray +gentlemen, Have you not a right if you please, to set fire to your own +houses, because they are your own, tho' in all probability it will +destroy a whole neighbourhood, perhaps a whole city! Where did you +learn that in a state or society you had a right to do as you please? +And that it was an infringement of that right to restrain you? This is +a refinement which I dare say, the true sons of liberty despise. Be +pleased to be informed that you are bound to conduct yourselves as the +Society with which you are joined, are pleased to have you conduct, or +if you please, you may leave it. It is true the will and pleasure of +the society is generally declared in its laws: But there may be +exceptions, and the present case is without doubt one.--Suppose there +was no law of society to restrain you from murdering your own father, +what think you? If either of you should please to take it into your +head to perpetrate such a villainous act, so abhorrent to the will of +the society, would you not be restrained? And is the Liberty of your +Country of less importance than the life of your father! But what is +most astonishing is, that some two or three persons of very little +consequence in themselves, have Dared openly to give out that They +Will vend the goods they have imported, tho' they have Solemnly +pledg'd Their Faith to the body of merchants, that they should remain +in store 'till a general importation should take place! Where then is +the honor! where is the shame of these persons, who can look into the +faces of those very men with whom they have contracted, & tell them +Without Blushing that they are resolved to Violate the contract! Is it +avarice? Is it obstinacy, perverseness, pride, or from what root of +bitterness does such an unaccountable defection from the laws of +honor, honesty, and even humanity spring? Is it the Authority Of An +Unnatural Parent--the advice of some false friend, or their own want +of common understanding, and the first principles of virtue, by which +these unhappy young persons have been induced, or left to resolve upon +perpetrating that, at the very tho't of which they should have +shudder'd! By this resolution they have already disgrac'd themselves; +if they have the Hardiness to put the resolution into practice, who +will ever hereafter confide in them? Can they promise themselves the +regards of the respectable body of merchants whom they have affronted? +or can they even wish for the esteem of their country which they have +basely deserted, or worse, which they have attempted to wound in the +very heart.--If they imagine they can still weary the patience of an +injured country with impunity.--If--I will not utter it--would not the +grateful remembrance of unmerited kindness and Generosity, if there +was the least spark of ingenuity left, have Influenced to a far +different resolution!--If this agreement of the merchants is of that +consequence to All America which our brethren in All the other +governments, and in Great-Britain Itself think it to be--If the fate +of Unborn Millions is suspended upon it, verily it behooves, not the +merchants Only, but every individual of Every class in City and +Country to aid and support them and Peremptorily To Insist upon its +being Strictly adhered to. + +DETERMINATUS. + + + +THE TOWN OF BOSTON TO THE LIEUTENANT-GOVERNOR OF MASSACHUSETTS1 + +[MS., Office of the City Clerk of Boston.] + +To his Honor the Lieutenant Governor in Council + +The Memorial of the Town of Boston legally assembled in Faneuil Hall +Monday March 19 1770 + +Humbly shews + +That with deep Concern they are made to understand that thro the +Providence of God diverse of his Majestys Justices of the Superior +Court are renderd unable to attend the Duties of their important Trust +by bodily Indisposition. + +That there are a great Number of Prisoners now in his Majestys Gaol in +the County of Suffolk, of whom fifteen are confind for Tryal for +capital offences. + +That the Sherriff of said County has been under Apprehension of the +Escape of said Prisoners as appears by his Letter to the Town hereto +annexd to be laid before your honor. + +That there are a great Number of Witnesses in the Cases of the late +Trajical Murder in Boston many of whom are Seamen & detaind to their +very great Disadvantage & possibly some of them may be under +Temptation to absent themselves from the Tryal. + +All which the Town beg leave humbly to represent to your honor as +cogent Reasons for the Tryal of the said Prisoners as early as +possible in the present Term. + +Wherefore your Memorialists humbly pray your Honor to appoint special +Justices in the Room of those taken off as aforesaid,2 in order for +the Tryal of the said Prisoners, or otherwise that your Honor wd take +such Steps to prevent the Delay of Justice at this important Crisis as +in your Wisdom shall seem meet. + +And as in Duty bound your Memsts shall ever pray. + +Signd in Behalf of the Town at the Meeting aforesaid. + +1Samuel Adams, John Hancock, and John Barret were on March 19, 1770, +appointed by the Boston town-meeting "a Committee to draw up a +Memorial to the Lieuvetenant Governor and Council praying that special +Justices may be appointed for the Superior Court now sitting in the +room of those who may be necessarily prevented by sickness from +attending their duty; that so the Tryals of the many Criminals now +committed may not be postponed. . . ." At the same session the +committee reported a draft, which was accepted.--Boston Record +Commissioners' Report, vol. xviii., p. 15. [back] + +2At this point the words "whom the Town reverence & esteem" were +stricken from the original draft. + + + +TO JOHN HANCOCK. + +[MS., Samuel Adams Papers, Lenox Library; a text with slight +variations is in W. V. Wells Life of Samuel Adams, vol. i., p. 343.] + +BOSTON May 11 1770 + +DEAR SR + +Your Resolution yesterday to resign your seat gave me very great +Uneasiness. I could not think you had sufficient Ground to deprive the +Town of one whom I have a Right to say is a most valueable Member, +since you had within three of the unanimous Suffrages of your Fellow +Citizens, & one of the negative Votes was your own.1 You say you have +been spoken ill of. What then? Can you think that while you are a good +Man that all will speak well of you--If you knew the person who has +defamd you nothing is more likely than that you would justly value +your self upon that mans Censure as being the highest Applause. Those +who were fond of continuing Mr Otis on the Seat, were I dare say to a +Man among your warmest friends: Will you then add to their +Disappointment by a Resignation, merely because one contemptible +person, who perhaps was hired for the purpose, has blessd you with his +reviling--Need I add more than to intreat it as a favor that you would +alter your Design. + +I am with strict truth +Your affectionate friend & Brother. + + +1At the Boston town-meeting on May 8, 1770, Hancock received, as a +candidate for representative, 511 out of 513 votes. On June 13, 1770, +William Palfrey, acting for Hancock, wrote to Haley and Hopkins: "The +removal of the General Court to Cambridge obliges Mr Hancock to be +often there." John Hancock. His Book, by A. E. Brown, p. 167. + + + +A COMMITTEE OF THE TOWN OF BOSTON TO BENJAMIN FRANKLIN. + +[MS., Collections of the Massachusetts Historical Society; an +incomplete draft is in the Samuel Adams Papers, Lenox Library; the +latter text only is in the handwriting of Adams.] + +BOSTON July 13th: 1770 + +SIR, + +It affords very great Satisfaction to the Town of Boston to find that +the Narrative of the horrid massacre perpetrated here on the 5th of +March last which was transmitted to London,1 has had the desired +effect; by establishing truth in the minds of honest men, and in some +measure preventing the Odium being cast on the Inhabitants, as the +aggressors in it. We were very apprehensive that all attempts would be +made to gain this Advantage against us: and as there is no occasion to +think that the malice of our Enemies is in the least degree abated, it +has been thought necessary that our friends on your side the Water, +should have a true state of the Circumstances of the Town and of +everything which has materially occurred, since the removal of the +Troops to the Castle. For this purpose we are appointed a Committee:2 +But the time will not admit of our writing so fully by this +Conveyance, as we intend by the next, in the mean time we intreat your +further friendship for the Town, in your Endeavours to get the +Judgment of the Public suspended, upon any representation that may +have been made by the Commissioners of the Customs and others, until +the Town can have the Opportunity of knowing what is alleged against +it, and of answering for itself. We must confess that we are +astonished to hear that the Parliament had come to a determination, to +admit Garbled extracts from such Letters as may be received from +America by Administration and to Conceal the Names of the Persons who +may be the Writers of them. This will certainly give great +Encouragement to Persons of wicked Intentions to abuse the Nations & +injure the Colonies in the grossest manner with Impunity, or even +without detection. For a Confirmation hereof we need to recur no +further back than a few months, when undoubtedly the Accounts and +Letters carried by Mr. Rob[in]son would have been attended with very +unhappy if not fatal effects, had not this Town been so attentive as +to have Contradicted those false accounts by the depositions of many +credible persons under Oath. But it cannot be supposed that a +Community will be so Attentive but upon the most Alarming Events: In +general Individuals are following their private concerns, while it is +to be feared the restless Adversaries are forming the most dangerous +Plans for the Ruin of the Reputation of the People, in order to build +their own Greatness on the Distruction of their liberties. This Game +they have been long playing; and tho' in some few instances they have +had a loosing hand, yet they have commonly managed with such Art, that +they have so far succeeded in their Malicious designs as to involve +the Nation and the Colonies in Confusion and distress. This it is +presumed they never could have accomplished had not these very letters +been kept from the view of the Public, with a design perhaps to +conceal the falsehood of them the discovery of which would have +prevented their having any mischievous effects. This is the Game which +we have reason to believe they are now playing; With so much Secrecy +as may render it impossible for us fully to detect them on this Side +of the Water; How deplorable then must be our Condition, if ample +Credit is to be given to their Testimonies against us, by the Government +at home, and if the Names of our Accusers are to be kept a profound +Secret, and the World is to see only such parts or parcells of their +Representations as Persons, who perhaps may be interested in their +favor, shall think proper to hold up--Such a Conduct, if allowed, +seems to put it into the Power of a Combination of a few designing +men to deceive a Nation to its Ruin. The measures which have been +taken in Consequence of Intelligence Managed with such secrecy, +have already to a very great degree lessened that Mutual Confidence +which had ever Subsisted between the Mother Country and the Colonies, +and must in the Natural Course of things totally alienate their +Affections towards each other and consequently weaken, and in the +End destroy the power of the Empire. It is in this extended View +of things that our minds are affected--It is from these Apprehensions +that we earnestly wish that all communication between the two Countries +of a public nature may be unvailed before the public: with the names +of the persons who are concerned therein, then and not till then will +American affairs be under the direction of honest men, who are never +afraid or ashamed of the light. And as we have abudent reason to be +jealous that the most mischievous and virulent accounts have been +very lately sent to Administration from Castle William where the +Commissioners have again retreated for no reason that we can conceive +but after their former manner to misrepresent and injure this Town and +Province,--we earnestly intreat that you would use your utmost influence +to have an Order passed that the whole of the packetts sent by the +Commissioners of the Customs and others under the care of one Mr Bacon +late an officer of the Customs in Virginia, who took his passage the +last week in the Brigantine Lydia Joseph Wood Commander may be laid +before his Majesty in Council-- + +If the Writers of those Letters shall appear to be innocent, no harm +can possibly arise from such a measure; if otherwise, it may be the +means of exploring the true Cause of the National and Collonial +Malady, and of affording an easy remedy, and therefore the measure +must be justified & applauded by all the World. + +We have observed in the English Papers, the most notorious falsehoods +published with an apparent design to give the World a prejudice +against this Town, as the Aggressors in the unhappy Transaction of the +5th of March, but no account has been more repugnant to the truth, +than a paper printed in the public Advertiser3 of the 28th of April +which is called The case of Capt. Preston. As a Committee of this Town +we thought ourselves bound in faithfulness to wait on Capt Preston to +enquire of him whether he was the Author--he frankly told us that he +had drawn a state of his case, but that it had passed thro different +hands and was altered at different times, and finally the Publication +in the Advertiser was varied from that which he sent home as his own; +we then desired him to let us know whether several parts which we +might point to him and to which we took exception were his own, but he +declined Satisfying us herein, saying that the alterations were made +by Persons who he supposed might aim at serving him, though he feared +they might have a Contrary effect, and that his discriminating to us +the parts of it which were his own from those which had been altered +by others might displease his friends at a time when he might stand in +need of their essential Service; this was the Substance of the +Conversation between us, whereupon we retired and wrote to Capt +Preston a Letter the Copy of which is now inclosed.4 + +The next day not receiving an answer from Capt. Preston at the time we +proposed, we sent him a message desiring to be informed whether we +might expect his answer to which he replied by a Verbal Message as +ours was that he had nothing further to add to what he had said to us +the day before, as you'l please to observe by the inclosed +Certificate-- + +As therefore Capt Preston has utterly declined to make good the +charges against the Town in the Paper called his case or to let us +know to whom we may apply as the Author or Authors of those parts +which he might have disclaimed, and especially as the whole of his +case thus stated directly militates not only with his own Letter +published under his hand in the Boston Gazette, but with the +depositions of others annexed to our Narrative which were taken, not +behind the Curtain as some may have been, but openly and fairly, after +notifying the Parties interested, and before Magistrates to whose +credit the Governor of the Province has given his full attestation +under the Province Seal, we cannot think that the Paper called the +Case of Capt. Thomas Preston, or any other Paper of the like import +can be deemed in the opinion of the sensible and impartial part of +mankind as sufficient, in the least degree to prejudice the Character +of the Town. It is therefore altogether needless for us to point out +the many falsehoods contained in this Paper; nor indeed would there be +time for it at present for the reason above mentioned--We cannot +however omit taking notice of the artifice made use of by those who +drew up the statement, in insinuating that it was the design of the +People to plunder the King's Chest, and for the more easily effecting +that to murder the Centinel posted at the Custom House where the money +was lodged. This intelligence is said to have been brought to Capt +Preston by a Townsman, who assured him that he heard the mob declare +they would murder the Centinel.--The townsman probably was one +Greenwood a Servant to the Commissioners whose deposition Number 96.5 +is inserted among others in the Narrative of the Town and of whom it +is observed in a Marginal Note, that: "Through the whole of his +examination he was so inconsistent, and so frequently contradicted +himself, that all present were convinced that no credit ought to be +given to his deposition, for which reason it would not have been +inserted had it not been known that a deposition was taken relating to +this affair, from this Greenwood by Justice Murray and carried home by +Mr. Robinson," and further "this deponent is the only person, out of a +great number of Witnesses examined, who heard anything mentioned of +the Custom House." Whether this part of the Case of Capt Preston was +inserted by himself or some other person we are not told. It is very +much to be questioned whether the information was given by any other +than Greenwood himself, and the sort of Character which he bears is so +well known to the Commissioners and their Connections some of whom +probably assisted Capt Preston in stating his Case, as to have made +them ashamed if they regarded the truth, to have given the least +credit to what he said.--Whoever may have helped them to this +intelligence, we will venture to say, that it never has been and never +can be supported by the Testimony of any Man of a tolerable +reputation. We shall only observe upon this occasion, how inveterate +our Enemies here are, who, rather than omit what they might think a +lucky opportunity of Slandering the Town, have wrought up a Narrative +not only unsupported by, but contrary to the clearest evidence of +facts and have even prevailed upon an unhappy Man under pretence of +friendship to him, to adopt it as his own: Though they must have known +with a common share of understanding, that it's being published to the +world as his own must have injured him, under his present +Circumstances, in the most tender point, and so shocked was Capt +Preston himself, at its appearing in the light on this side the Water, +that he was immediately apprehensive so glaring a falsehood would +raise the indignation of a people to such a pitch as to prompt them to +some attempts that would be dangerous to him, and he accordingly +applyed to Mr Sheriff Greenleaf for special protection on that +account: But the Sheriff assuring him that there was no such +disposition appearing among the People (which is an undoubted truth) +Capt Preston's fears at length subsided: and he still remains in safe +custody, to be tried by the Superior Court of Judicature, at the next +term in August; unless the Judges shall think proper further to +postpone the Trial, as they have done for one whole term, since he was +indicted by the Grand Jury. + +Before we conclude it may not be improper to observe that the removal +of the troops was in the Slowest order, insomuch that eleven days were +spent in carrying the two Regiments to Castle Island, which had before +landed in the Town in less than forty eight hours; yet in all this +time, while the number of the Troops was daily lessening, not the +least disorder was made by the inhabitants, tho' filled with a just +indignation and horror at the blood of their fellow Citizens, so +inhumanely spilt! And since their removal the Common Soldiers, have +frequently and even daily come up to the Town for necessary +provisions, and some of the officers, as well as several of the +families of the soldiers have resided in the Town and done business +therein without the least Molestation; yet so hardy have our Enemies +been as to report in London that the enraged populace had hanged up +Capt Preston. + +The strange and irreconcileable conduct of the Commissioners of the +Customs since the 5th of March--their applying for leave to retire to +the Castle as early as the tenth, and spending their time in making +excursions into the Country 'till the 20th of June following, together +with other material Circumstances, are the subject of our present +enquiry; the result of which you will be made acquainted with by the +next conveyance. In the mean time we remain with strict truth.-- + +Sir +Your much obliged +and most Obedient Servants + +THOMAS CUSHING,WM PHILLIPS, +RI DANA,WM MOLINEUX, +SAML ADAMS,EBENEZER STORER, +JOHN HANCOCK,WM GREENLEAF + +1Under the date of March 23, 1770, James Bowdoin, Samuel Pemberton and +Joseph Warren, as a committee of the town of Boston, wrote to Lord +Dartmouth, enclosing a narrative of the events of March 5 and a +certified copy of the vote of town, on March 22, directing them to +transmit the printed narrative. The original letter is No. 320 of Lord +Dartmouth's American MSS., at Patshull House. The text of the same +letter, which was addressed to the Duke of Richmond and others, is in +A Short Narrative of the Horrid Massacre in Boston, New York, 1849. +(This is reprinted, with notes by John Doggett, Jr., from a copy of +the original edition of 1770, in the library of the New York +Historical Society. Another reprint, with notes by Frederic Kidder, +was published at Albany, 1870.) The Additional Observations to a Short +Narrative, 1770, are reprinted by Doggett, pp. 109-117. Cf., +Proceedings of Colonial Society of Massachusetts, April 1900, pp. +13-21. +2The town of Boston, on July 10, 1770, appointed a committee of nine, +including Adams, Hancock, Dana, Cushing and Joseph Warren, to prepare +a "true state" of the town and of the acts of the commissioners since +March 5. +3Published in London. The "Case" was also printed in the Annual +Register, 1771. Cf., Boston Gazette, June 25, 1770. +4Under date of July II, 1770. A copy is in S. A. Wells, Samuel Adams +and the American Revolution, vol. i., pp. 230-232. +5The affidavit of Thomas Greenwood, sworn to March 24, 1770, is +printed in Doggett's edition of the Short Narrative, pp. e Short +Narrative, pp.101-103. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE LIEUTENANT +GOVERNOR. + +[MS., Boston Public Library; a text, with many modifications of +detail, is in Massachusetts State Papers, pp. 240-248; it was also +printed in the Boston Gazette, August 6, 1770.] + +In the House of Representatives August the 3 1770 + +Orderd that Mr Hancock Cap Thayer Mr Pickerin Cap Fuller and Cap +Sumner carry up to the Honbl Board the following Answer of this House +to his Honors Speech to both Houses at the opening of this Session + +THOMAS CUSHING Spkr + +1 May it please your Honor + +The House of Representatives, having duly attended to your Speech2 to +both Houses at the Opening of this Session, and maturely considerd the +several parts of it, have unanimously, in a full House determind to +adhere to their former Resolution "that it is by no means expedient to +proceed to Business, while the General Assembly is thus constraind to +hold the Session out of the Town of Boston." Upon a Recollection of +the Reasons we have before given for this measure, we conceive it will +appear to all the World, that neither the good People of this +Province, nor the House of Representatives can be justly chargd with +any ill Consequences that may follow it. After the most repeated & +attentive Examination of your Speech, we find Nothing to induce us to +alter our Opinion, and very little that is new & material in the +Controversy: But as we perceive it is publishd, it may possibly be +read by some who have never seen the Reasons of the House; and as +there are specious things containd in it, which may have a Tendency to +make an unhappy Impression on some minds, we have thought proper to +make a few Observations upon it. + +You are pleasd to say, "you meet us at Cambridge, because you have no +Reason to think there has been any Alteration in his Majestys +Pleasure, which you doubt not was determind by wise motives, & with a +gracious Purpose to promote the Good of the province." We presume not +to call in Question the Wisdom of our Sovereign or the Rectitude of +his Intentions: But there have been Times, when a corrupt and +profligate Administration have venturd upon such Measures, as have had +a direct Tendency, to ruin the Interest of the People as well as that +of their Royal Master. + +This House have great Reason to doubt, whether it is, or ever was his +Majestys Pleasure that your Honor should meet the Assembly at +Cambridge, or that he has ever taken the matter under his Royal +Consideration: Because, the common and the best Evidence in such +Cases, is not communicated to us. + +It is needless for us to add any thing to what has been heretofore +said, upon the Illegality of holding the Court any where except in the +Town of Boston: For admitting the Power to be in the Governor to hold +the Court in any other place when the publick Good requires it; yet, +it by no means follows that he has a Right to call it at any other +place, when it is to the manifest Injury & Detriment of the Publick + +The Opinion of the Attourney and Solicitor General has very little +Weight with this House in any Case, any farther than the Reasons which +they expressly give are convincing. This Province has sufferd so much +by unjust, groundless & illegal Opinions of those officers of the +Crown, that our Veneration or Reverence for their Opinions is much +abated. We utterly deny that the Attuorny & Solicitor General have any +Authority or Jurisdiction over us; any Right to decide Questions in +Controversy, between the several Branches of the Legislature here: Nor +do we concede, that even his Majesty in Council has any Constitutional +Authority to decide such Questions, or any other Controversy whatever +that arises in this Province, excepting only such Matters as are +reservd in the Charter. It seems a great Absurdity, that when a +Dispute arises between the Governor and the House, the Governor should +appeal to his Majesty in Council to decide it. Would it not be as +reasonable for the House to appeal to the Body of their Constituents +to decide it? Whenever a Dispute has arisen within the Realm, between +the Crown & the two Houses of Parliament, or either of them, was it +ever imagind that the King in his privy Council had Authority to +decide it? However there is a Test, a Standard common to all, we mean +the publick Good. But your Honor must be very sensible that the +Illegality of holding the Court in any other place besides the Town of +Boston is far from being the only Dispute between your Honor & this +House: we contend, that the People & their Representatives have a +Right to withstand the abusive Exercise of a legal & constitutional +Prerogative of the Crown. We beg Leave to recite to your Honor what +the Great Mr Locke has advancd in his Treatise of civil Government, +upon the like Prerogative of the Crown. "The old Question, says he, +will be asked in this matter of Prerogative, who shall be Judge when +this Power is made a right Use of?" And he answers, "Between an +executive Power in being with such a Prerogative, and a Legislature +that depends upon his Will for their convening, there can be no Judge +on Earth, as there can be none between the Legislative & the People, +should either the Executive or Legislative when they have got the +Power in their Hands, design or go about to enslave or destroy them. +The People have no other Remedy in this, as in all other Cases, where +they have no Judge on Earth, but to appeal to Heaven. For the Rulers, +in such Attempts, exercising a Power the People never put into their +Hands (who can never be supposd to consent that any Body should rule +over them for their Harm) do that which they have not a Right to do. +And when the Body of the People or any single Man is deprivd of their +Right, or under the Exercise of a Power without Right, and have no +Appeal on Earth, then they have a Liberty to appeal to Heaven whenever +they judge the Cause of sufficient moment. And therefore, tho the +People cannot be judge, so as to have by the Constitution of that +Society any superior Power to determine and give effective Sentence in +the Case; yet they have by a Law antecedent & paramount to all +positive Laws of men, reservd that ultimate Determination to +themselves which belongs to all Mankind where there lies no Appeal on +Earth viz to judge whether they have just Cause to make their Appeal +to Heaven." We would however, by no means be understood to suggest +that this People have Occasion at present to proceed to such +Extremity. + +Your Honor is pleasd to say, "that the House of Representatives in the +year 1728, did not think the Form of the Writ, sufficient to justify +them in refusing to do Business at Salem"; It is true they did not by +any Vote or Resolve determine not to do Business yet the House, as we +read in your Honors History, "met and adjournd from Day to Day without +doing Business";3 and we find by the Records, that from the 31 of +October 1728 to the 14th of December following the House did meet and +adjourn without doing Business; And then they voted to proceed to the +publick & necessary Affairs of the province "provided no Advantage be +had or made, for and by Reason of the aforesaid Removal (meaning the +Removal to Salem) or pleaded as a precedent for the future." Yet your +Honor has been pleasd to quote the Conduct of that very House, as a +precedent for our Imitation. We apprehend their proceeding to +Business, & the Consequences of it viz, the Encouragement it gave to +Governor Burnet to go on with his Design of harrassing them into +unconstitutional Compliances, and the Use your Honor now makes of it +as an Authority and a Precedent, ought to be a Warning to this House +to make a determind & effectual Stand. Their Example, tho respectable, +is not obligatory upon this House.--They lived in times, when the +Encroachments of Despotism were in their Infancy.--They were carried +to Salem, by the mere Caprice of Governor Burnet, who never pleaded an +Instruction for doing this--An Instruction from a Ministry who had +before treated them with unexampled Indignity--An Instruction which +they were not permitted to see. They had no Reason to apprehend a fixd +Design to alter the Seat of Government, to their great Inconvenience +and the manifest Injury of the Province. + +We are not disposd to dispute the Understanding, Integrity, Familys & +Estates of the Council in 1728. We believe them to have been such, +that if they were now upon the Stage, they would see so many +additional & more weighty Reasons against proceeding to Business out +of Boston, that they would fully approve of the Resolution of this +House; as well as of what has been lately advancd by their Successors, +who are also Gentlemen of Understanding, Integrity, Fortune and +Family, in the following Words; "Governor Burnets Conduct in convening +the General Court out of Boston, cannot be deemd an acknowlegd or +constitutional Precedent, because, it was not founded on the only +Reason on which the Prerogative of the Crown can be justly founded, +The Good of the Community." We shall only add, that the Rights of the +province having been of late years most severely attackd, has inducd +Gentlemen to examine the Constitution more thorowly, & has increasd +their Zeal in its Defence. + +You are pleasd to adduce an Instance in 1754 in Addition to that in +1747, which you say "makes it probable, that the House of +Representatives rather chose that the Court should sit elsewhere, when +a Comittee was chosen to consider of and report a proper place for a +Court House at a Distance from Boston". We beg Leave here to observe, +that both these are Instances of the House's interresting themselves +in this Affair, which your Honor now claims as a Prerogative: If the +House were in no Case to have a Voice, or be regarded, in chusing a +place to hold the Court, how could they think of building a House in a +place, to which they never had been, and probably, never would be +called.-- + +While the House have been from time to time, holding up to View, the +great Inconveniencys and manifest Injurys resulting from the Sitting +of the Assembly at Cambridge, and praying a Removal to Boston, it is +with Pain that they have heard your Honor, instead of pointing out any +one good Purpose which can be answerd by it, replying that your +Instructions will not permit you to remove the Court to Boston. By a +royal Grant in the Charter, in favor of the Commons of this province, +the Governor has the sole power of adjourning, proroguing and +dissolving the General Court: And the Wisdom of that Grant appears in +this, that a person residing in the province, must be a more competent +Judge, of the Fitness of the Time, and we may add, the place of +holding the Court, than any person residing in Great Britain. We do +not deny, that there may be Instances when the Comander in Chiefe, +ought to obey the Royal Instructions: And should we also admit, that +in ordinary Cases he ought to obey them, respecting the convening, +holding, proroguing, adjourning & dissolving the General Court, +notwithstanding that Grant; yet we clearly hold, that whenever +Instructions cannot by complyd with, without injuring the people, they +cease to be binding. Any other Supposition would involve this +Absurdity in it, that a Substitute by Means of Instructions from his +Principal, may have a greater Power than the Principal himself; or in +other Words, that a Representative of a King who can do no Wrong, by +means of Instructions may obtain a Right to do Wrong: for that the +Prerogative extends not to do any Injury, never has and never can be +denyd. Therefore this House are clearly of Opinion, that your Honor is +under no Obligation to hold the General Court at Cambridge, let your +Instructions be conceivd in Terms ever so peremptory, in as much as it +is inconvenient and injurious to the province.--As to your Commission, +it is certain, that no Clause containd in that, inconsistent with the +Charter can be binding: To suppose, that when a Grant is made by +Charter in favor of the people, Instructions shall supercede that +Grant, and oblige the Governor to act repugnant to it, vacating the +Charter at once, by the Breath of a Minister of State. Your Honor +thinks you may safely say, "there is not one of us, who if he was in +your Station, would venture to depart from the Instructions ." As you +had not the least Shadow of Evidence to warrant this, we are sure you +could not say it with Safety: And we leave it with your Honor to +determine, how far it is reconcileable with Delicacy to suggest it. In +what particulars the holding the General Court at Cambridge is +injurious to us and the Province, has already been declared by the +House, and must be too obvious to escape your Honors Observation. Yet +you are pleasd to tell us, that "the Inconveniences can easily be +removd, or are so inconsiderable that a very small publick Benefit +will outweigh them"--That they are not inconsiderable, every Days +Experience convinces us; nor are our Constituents insensible of them: +But how they can be easily removd, we cannot conceive, unless by +removing the Court to Boston. Can the publick Offices & Records, to +which we are under the Necessity of recurring, almost every Hour, with +any Safety or Convenience to the publick be removd to Cambridge? Will +our Constituents consent to be at the Expence of erecting a proper +House at Cambridge, for accommodating the General Court, especially +when they have no Assurance that the next Freak of a capricious +Minister will not remove the Court to some other place? Is it possible +to have that Communication with our Constituents, or to be benefited +by the Reasonings of the people without Doors here, as at Boston? We +cannot but flatter ourselves, that every judicious and impartial +Person will allow, that the holding the General Court at Cambridge, is +inconvenient and hurtful to the Province; Nor has your Honor ever yet +attempted to show a single Instance, in which the province can be +benefited by it: No good purpose which can be answerd by it, has ever +yet been suggested by any one to this House. And we have the utmost +Confidence, that our gracious Sovereign, has no Desire to hold the +General Court at any place inconvenient to its Members, or injurious +to the province; but rather, that he will frown upon those, who have +procurd its Removal to such a place, or persist in holding it there. + +We are not indeed sure, that the Ministry caused the Assembly to be +removd to Cambridge, in order to worry them into a Compliance with any +arbitrary Mandate, to the Ruin of our own or our Constituents +Libertys: But we know, that the General Assembly has in Times past +been treated with such Indignity and Abuse, by the Servants of the +Crown, and a wicked Ministry may attempt it again. + +Your Honor observes, that "the same Exception may be made to the Use +of every other part of the prerogative, for every part is capable of +Abuse." We shall never except to the proper Use of the prerogative: We +hold it sacred as the Liberty of the Subject. But every Abuse of it, +will always be excepted to, so long as the Love of Liberty, or any +publick Virtue remains. And whenever any other part of the prerogative +shall be abusd, the House will not fail to judge for themselves of the +Grievance, nor to exert every power with which the Constitution hath +entrusted them, to check the Abuse, and redress the Grievance. + +The House had expressd to your Honor their Apprehension of a fixd +Design, either to change the Seat of Government, or to harrass us, in +order to bring us into Compliance with some arbitrary Mandate: Your +Honor says, you know of no fixd Design to harrass us &c.: Upon which +we cannot but observe, that if you did not know of a fixd Design to +change the Seat of Governmt you would not have omitted so fair an +Opportunity to satisfy the Minds of the House, in a Matter of such +Importance to the Province. As to your very condescending and liberal +Professions, of exercising patience, or using Dispatch, as would be +most agreable to us, we shall be very much obligd to your Honor, for +the Exercise of those Virtues, whenever you shall see Cause to remove +us to our ancient and established Seat: But these professions can be +no Temptations to us, to give up our Privileges. + +Your Honor is pleasd to say, that "we consider the Charter as a +Compact between the Crown and the People of this province" and to ask +a Question "Shall one Party to the Compact be held, and not the +other"? It is true, we consider the Charter as such a Compact, and +agree that both Parties are held. The Crown covenants, that a Great & +General Court shall be held, every last Wednesday in May for ever; The +Crown therefore, doubtless is bound by this Covenant. But we utterly +deny, that the people have covenanted to grant Money, or to do +Business, at least any other Business than chusing Officers and +Councellors to compleat the General Court, on the last Wednesday of +May, or in any other Day or Year whatever: Therefore this House, by +refusing to do Business, do not deprive the Crown of the Exercise of +the prerogative, nor fail of performing their part of the Compact. +Your Honor wd doubtless have been culpable had you refusd to call a +General Court on the last Wednesday in May: And the House might have +been equally culpable, if they had refusd to chuse a Speaker and +Clerk, or to elect Councellors, whereby to compleat the General Court; +for in Case of Omission in either part, a Question might arise, +Whether the people would have a Legislature. When the General Assembly +is thus formd, they are impowerd by the Charter, to make, ordain and +establish all Manner of wholesome and reasonable Orders, Laws, +Statutes & Ordinances, Directions and Instructions, either with +penaltys or without. But the Charter no where obliges the Genl Court, +to make any Orders, Laws, Statutes or Ordinances, unless they, at that +time judge it conducive to the publick Good to make them: Much less +does it oblige them to make any Laws &c, in any particular Session, +year or number of years, whenever they themselves shall judge them not +to be for the publick Good. Such an Obligation would leave them the +least Color of Freedom, but reduce them to a mere machine; to the +State the Parliament would have been in, if the Opinion of the two +Chiefe Justices and the three puisne Judges had prevaild in the Reign +of Richard the second "that the King hath the Governance of +Parliament, and may appoint what shall be first handled, and so +gradually what next, in all matters to be treated of in parliament, +even to the End of the parliament; and if any person shall act +contrary to the Kings pleasure made known therein, they are to be +punishd as Traitors"--for which opinion those five Judges had Judgment +as in Case of high Treason.--Your Honor will allow us to ask, Whether +the Doctrine containd in your Question viz, "If you should refuse to +do Business now you are met, would you not deprive the Crown of the +Exercise of the prerogative, and fail of performing your part of the +Compact" which implys a strong affirmation, is not in a Degree, the +very Doctrine of Chiefe Justice Tresilian and the four other Judges +just now mentiond? By convening in Obedience to his Majesty's Writ, +tested by your Honor, and again, at the time to which we are prorogud, +we have submitted to the prerogative, and performd our part of the +Compact. + +This House has the same inherent Rights in this Province, as the House +of Commons has in Great Britain. It is our Duty to procure a Redress +of Grievances, and we may constitutionally refuse to grant our +Constituents money to the Crown, or to do any other Act of Government, +at any given time, that is not affixd by Charter to a certain Day, +until the Grievances of the people are redressd. We do not pretend, +that our Opinion is to prevail against his Majestys Opinion: We never +shall attempt to adjourn or prorogue or dissolve the General Court: +But we do hope, that our Opinion shall prevail, against any Opinion +whatever, of the proper time to make Laws and to do Business. And by +exerting this Power which the Constitution has given us, we hope to +convince your Honor and the Ministry of the Necessity of removing the +Court to Boston.--All judicious Men will allow that the proper time +for the House to do their part of the Business of the province, is for +the House to judge of and determine. The House think it is not, in the +present Circumstances of the province, a proper time to do this +Business, while the Court is constraind to hold their Session out of +Boston: Your Honor is of a different Opinion: We have conformd to this +Opinion as far as the Constitution requires us, And now our right of +judging commences. If your Honors or even his Majestys Opinion +concerning this Point is to prevail against the Opinion of the House, +why may not the Crown, according to the Tresilian Doctrine, as well +prescribe what Business we shall do, and in what Order. + +The House is still ready to answer for all the ill Consequences which +can justly be attributed to them; nor are they sensible of any Danger +from exerting the power which the Charter has given them of doing +their part of the Business in their own time.--That the Province has +Enemies who are continually defaming it, and their Charter, is +certain; that there are Persons who are endeavoring to intimidate the +province from asserting and vindicating their just Rights and +Liberties, by Insinuations of Danger to the Constitution, is also +indisputable; But no Instance happend, even in the execrable Reign of +the worst of the Stuart Race, of a Forfeiture of a Charter, because +any one Branch of a Legislature, or even because the whole Government +under the Charter, refusd to do Business at a particular time, under +grievous Circumstances of Ignominy, Disgrace and Insult; and when +their Charter had explicitly given to that Government the sole power +of judging of the proper Season & Occasion of doing Business. + +We are obligd at this time to struggle, with all the Powers with which +the Constitution hath furnishd us, in Defence of our Rights; to +prevent the most valueable of our Libertys, from being wrested from +us, by the subtle Machinations, and daring Encroachments of wicked +Ministers. We have seen of late, innumerable Encroachments on our +Charter: Courts of Admiralty extended from the high Seas, where by the +Compact in the Charter, they are confind, to numberless important +Causes upon Land: Multitudes of civil Officers, the Appointment of all +which is confind by Charter to the Governor and Council, sent here +from abroad by the Ministry: A Revenue, not granted by us, but torn +from us: Armys stationd here without our Consent; and the Streets of +our Metropolis, crimsond with the Blood of our fellow +Subjects.--These, and other Grievances and Cruelties, too many to be +here enumerated, and too melancholly to be much longer born by this +injurd People, we have seen brot upon us by the Devices of Ministers +of State. We have seen & had of late, Instructions to Governors which +threaten to destroy all the remaining Privileges of our Charter. In +June 1768, the House, by an Instruction were orderd to rescind an +excellent Resolution of a former House, on pain of Dissolution;4 they +refusd to comply with so impudent a Mandate, and were dissolvd. And +the Governor, tho' repeatedly requested, and tho' the Exigences of the +Province demanded a General Assembly, refusd to call a new one, till +the following May. In the last year, the General Court was forcd to +give Way to regular Troops, illegally quarterd in the Town of Boston, +in Consequence of Instructions to Crown Officers, and whose main Guard +was most daringly and insultingly placd at the Door of the State +house; and afterwards they were constraind to hold their Session at +Cambridge. The present year the Assembly is summond to meet, and is +still continued there in a kind of Duress, without any Reason that can +be given--any Motive whatever, that is not as great an Insult to them, +and Breach of their Privilege, as any of the foregoing.--Are these +things consistent with the Freedom of the House; or, could the General +Courts tamely submiting to such Usage, be thought to promote his +Majestys Service! + +Should these Struggles of the House prove unfortunate and ineffectual, +this Province will submit, with pious Resignation to the Will of +Providence; but it would be a kind of Suicide, of which we have the +utmost Horror, thus to be made the Instruments of our Servitude. + +We beg leave before we conclude, to make one Remark on what you say, +that "our Compliance can be of no Benefit to our Sovereign, any +farther than as he interests himself in the Happiness of his +Subjects." We are apprehensive that the World may take this for an +Insinuation, very much to our Dishonor: As if the Benefit of our +Sovereign were a Motive in our Minds, against a Compliance. But as +this Imputation would be extremely unjust, so we hope it was not +intended by your Honor. We are however obligd in Justice to our selves +and our Constituents to declare that if we had Reason to believe, that +a Compliance would by any, the least Benefit to our Sovereign, it +would be a very powerful Argument with us; But we are on the Contrary, +fully perswaded, that a Compliance at present, would be very injurious +and detrimental to his Majestys Service. + +1From this point the manuscript is wholly in the handwriting of Adams. +2Massachusetts State Papers, pp. 237-240. +3Inaccurately quoted from T. Hutchinson, History of the Province of +Massachusetts Bay, vol. ii., p. 317. +4See Vol. I., p. 230. + + + +ARTICLE SIGNED "A CHATTERER."1 + +[Boston Gazette, August 13, 1770.] + +Messieurs EDES & GILL, + +"What availed the good Qualites of Galba? He who should not have +employed bad Men, or at least should have restrained or punished them, +incurred the same Censure as if he himself had done it!--It is the +common Craft of corrupt Ministers to represent their Cause as the +Cause of their Prince." + +His Honor the Lieutenant Governor, in his late Reply2 to the House of +Representatives, tells them, that "a Secretary of State has by Virtue +of his Office free Access" to the King; & "receives the Signification +of his Majesty's pleasure"; from whence he concludes that "he will +give no directions but what he knows to be agreable thereto", and +therefore "every order coming from a Minister of State, must be +suppos'd to come immediately from the Crown"--This is reasoning +plausibly enough; but before I can give my full Assent to the +Conclusion, I must have good Grounds to believe this same Secretary to +be a Man of Wisdom and Integrity; a Character, which however +requisite, does not always belong to a Minister of State. If he is +deficient in both or either of these, we can have no Assurance, that +every Order coming from him is declaratory of the Pleasure of the +Sovereign: His want of Wisdom may render him altogether incapable of +understanding the Mind of his royal Master; or, failing in point of +Integrity he may maliciously and traiterously pervert his benevolent +Intentions for the Good of his Subjects. Whenever Orders are given by +a Secretary of State, that are evidently calculated to injure the +Publick, we are by no Means to suppose them to come immediately from +the Crown, for the King can do no Wrong: Will his Honor have us +believe that the King can do a weak & foolish, or a malevolent and +wicked Act? If not, such Instructions are to be look'd upon as the +acts of the Minister and not of the King. Ministers of state were +formerly shields to the persons of Kings from such kind of +imputations; but it is much to be feared, if care is not taken to +prevent it, the idle whimsies of Ministers, their weakness and folly, +or their daring and impudent attempts to destroy the Liberties of the +People, will be attributed to a Cause which no one, to be sure at +present, will chuse to mention.--I hope his Honor's reasoning, and his +correspondent Conduct, does not lead to this--The House of +Representatives seem to be aware of the Danger of such Doctrine, when +they expressly say, "They presume not to call in question the Wisdom +of their Sovereign or the rectitude of his Intentions"; at the same +time that they speak with a manly Freedom, of certain Instructions +that have come from Ministers of State, and even treat them with +Indignity and Contempt. His Honor presumes "they would not have done +this, if they had known it to be an Order from his Majesty." I believe +they would not; they saw reason to think that the Mandate to rescind +in June 1768, was the mere act of a weak Minister; and as his Honor +does not give the least Intimation, that he either knows or believes +to the Contrary, I must beg leave to say, that in my poor Opinion, the +Epithet given to it by the House, is neither "coarse" nor "indecent." + +We seem, Messrs. Printers, to be drawing very near the time, when some +people will be hardy enough to dispute, whether we are to be governed +according to the rule of the Constitution, the building of which has +been the Work of Ages, or to use the words of the House, by the +"breath of a Minister of State."--Instructions, form'd by a set of +Ministers, calculated for certain purposes and sent over to a +Governor, who to avoid their high Displeasure and the terrible Effects +of it, must implicitly believe, or say he believes them, to come +immediately from the King; and the House of Representatives must by no +means controvert them, lest, as Bernard once impudently told them, +they should be chargeable with "oppugnation against the King's +authority."3 + +There is a sort of Impropriety, as I take it, in saying that every +Order from a Minister of State comes immediately from the Crown. +However, little Inaccuracies in diction are not to be regarded in a +performance fraught with reason and sound argument: It is rather to be +wondered at that we meet with so few Imperfections, since we are +assured by his Honor that he had taken "one Day only for his Reply" to +an Answer which he intimates cost a Committee of the House full Eight +Days hard Labor.4 Some men are said to have intuitive knowledge; and +such have nothing to do but write down pages of unanswerable reasons +as fast as the Ink can flow. + +It was doubtless from this opinion that "every Order from a Secretary +of State comes immediately from the King," or as his Honor elsewhere +more properly expresses it, is a 'Signification of his Majesty's +pleasure,' that he concludes it to be his Majesty's pleasure that he +should not communicate them; for such a prohibitory order is said to +come from the Secretary. But the House seemed to think it impossible +that our gracious King, should hold his Subjects to a blind obedience +to Orders which they were not permitted to see; and therefore +concluded, and as I humbly conceive very justly, that this order in a +particular manner, was to be suppos'd to be an Act of the Minister and +not of the King--His Honor indeed speaks of it with great Veneration; +and tells them that "the restraint he is under appears to him to be +founded upon wise Reasons." But from this alone, he could not with +certainty conclude that the Order came immediately from the King; for +it is undoubtedly his Honor's opinion, that the present set of +Ministers are very wise men, tho' not so wise as his Majesty; and +therefore he might take it for granted, the Order was founded on wise +reasons if it had come from them only. But as in these times of Light +and Liberty, every man chuses to see and judge for himself, especially +in all matters which are prescribed to him as rules of faith and +practice; it is pity his Honor did not condescend to communicate those +wise reasons, that the House and the People without Doors, here and +there "a transient Person" who may have a common share of +understanding, might judge whether they appeared to them to be reasons +becoming the Wisdom of a King, or only as the House somewhere express +it, "the freaks of a capricious Minister of State." + +If I have leisure I shall write you again. In the mean Time, I am, +Your's, + +A CHATTERER. + +1The succeeding articles of this series were attributed to Adams by +George Bancroft. This is confirmed by apparently contemporaneous +annotations in the file of the Gazette owned by Harbottle Dorr, at one +time a selectman of Boston. At the trial of Capt. Preston in November, +1770, he was drawn as a juror and "challenged for cause." An +advertisement of his business appears in the Boston Gazette, October +1, 1770. +2August 3, 1770, Massachusetts State Papers, pp.249-254. +3May 29, 1766 Massachusetts State Papers, p. 75. +4Massachusetts State Papers, p. 254. + + + +ARTICLE SIGNED "A CHATTERER." + +[Boston Gazette, August 20, 1770.] + +"One of the greatest indications of Wisdom that a Prince can show, is +to converse with and have about him virtuous and wise Men: But Princes +are liable to be deceived; Fraudum sedes aula, was the saying of a +Philosopher who understood Courts well.--A good Prince may suffer by +employing bad Ministers and Servants." + +MESSIEURS PRINTERS, + +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. + +For by the best intelligence from England, we are under strong +apprehensions that by virtue of an act of parliament of the 7 Geo.3.2 +which impowers his Majesty to appropriate a part of the revenue raised +in America, for the support of civil government, and the +administration of justice in such colonies where he shall judge it +necessary, administration is determined to bestow large salaries upon +the attorney-general, judges and governor of this province; whereby +they will be made not only altogether independent of the people, but +wholly dependent upon the ministry for their support. These +appointments will be justly obnoxious to the other colonies, and tend +to beget and keep up a perpetual discontent among them; for they will +deem it unjust as well as unnecessary to be oblig'd to bear a part of +the support of government in this province, and even in the courts of +law; especially if designs are also meditating to make other important +alterations in our Charter, by appointing the Council from home, &c. +whereby the executive will be rendered absolute, and the legislative +totally ineffectual to any valuable purpose. The assembly is in all +reason sufficiently dependent already upon the Crown: The one branch +annually for its being, as it is subject to the negative of the +Governor; and both the branches for every grant and appropriation of +their money, and also for their whole defence and security, as he is +Captain-General, and has by Charter the sole military command within +the province: All civil officers are either nominated and appointed by +him with the advice and consent of his Majesty's Council, or if +elected they are subject to his negative: And our laws, after being +consented to by his Majesty's Governor, are by the first opportunity +from the making thereof, to be transmitted to his Majesty for his +approbation or disallowance: Three years they are subject to the +revision of the crown lawyers in Britain, who my always be strangers +to our internal polity, & sometimes disaffected to us: And at any time +within the three years, His Majesty in his privy council may, if he +thinks proper, reject them, and then they become utterly void. Surely +the parliament of Great Britain cannot wish for greater checks, both +upon the legislative and executive of a colony, unless we are to be +considered as bastards and not Sons.--A step further will reduce us to +absolute subjection. If administration is resolved to continue such +measure of severity, the colonies will in time consider the +mother-state as utterly regardless of their welfare: Repeated acts of +unkindness on one side, may by degrees abate the warmth of affection +on the other, and a total alienation may succeed to that happy union, +harmony and confidence, which has subsisted, and we sincerely wish may +always subsist: If Great Britain, instead of treating us as their +fellow-subjects, shall aim at making us their vassals and slaves, the +consequence will be, that although our merchants have receded from +their non-importation agreement, yet the body of the people will +vigorously endeavor to become independent of the mother-country for +supplies, and sooner than she may be aware of it, will manufacture for +themselves. The colonists, like healthy young sons, have been +chearfully building up the parent state, and how far Great Britain +will be affected, if they should be rendered even barely useless to +her, is an object which we conceive is at this very juncture worth the +attention of a British Parliament. + +Your own acquaintance with this province, and your well known +attachment to it, will lead you to exert all your powers in its +defence: And as the Council have made choice of William Bollan, Esq; +for their agent, you will no doubt confer with him, and concert such +measures as will promote our common interest: Your abilities we +greatly confide in; but if you shall think it for the advantage of the +province to consult with and employ council learned in the law, the +importance of your agency will be a motive sufficient for us to +acquiesce in such expence on that account, as your own judgment shall +dictate to you to be necessary. + +Included are the proceedings of his Majesty's Council of this +province, upon an affidavit of Mr. Secretary Oliver, which this House +apprehend has a tendency to make a very undue impression on the minds +of his Majesty's ministers and others, respecting the temper and +disposition of the people, previous to the tragical transaction of the +fifth of March last: You are therefore desired to make such use of +them as shall prevent such unhappy consequences from taking effect. + + +1Attributed to Adams by Governor Hutchinson. Hutchinson to Pownall; +Public Record Office, Domestic Geo. III., 11:25. Franklin's reply, +addressed to the Speaker of the House of Representatives under date of +December 24, 1770, is in J. Bigelow, Complete Works of Benjamin +Franklin vol. iv., pp. 371-373. +2Chap. 46. + + + +TO STEPHEN SAYRE.1 + +[MS., Samuel Adams Papers, Lenox Library.] + +BOSTON NOVr 16 1770 + +SIR, + +I should before now have acknowledgd your favor of the 5 June,2 but my +being obligd to attend the Session of the General Court for 7 weeks3 & +other necessary Avocations prevented it. I return the Letters signd +Junius Americanus deliverd to me by Mr Cary,4 by your direction to be +a valueable present. The Author has servd the American Cause in a +manner in which I have long wishd some able pen would have undertaken +to do it by appealing to the good Sense of the Body of the Nation. I +believe the general Inclination there is to wish that we may preserve +our Liberties; and perhaps even the Ministry could for some Reasons +find it in their hearts to be willing that we shd be restord to the +State we were in before the passing of the Stamp Act, were it not that +a Set of detestable Men were continually writing from hence that we +shd carry our Claims still higher & there wd be no Bounds to our +Demands. I can venture to assure you that there is no Foundation for +such Assertions, nor do I think they are really believd by any. The +People here are indeed greatly tenacious of their just Rights & I hope +in God they will ever firmly maintain them. Every Attempt to enforce +the plan of Despotism will certainly irritate them; While they have a +Sense of freedom they will oppose the Efforts of Tyranny; and altho +the Mother Country may at present boast of her Superiority over them, +she may perhaps find the Want of that Superiority, when by repeated +provocations she shall have totally lost their Affections.--All Good +Men surely wish for a cordial Harmony between the two Countrys. Great +Britain can lose Nothing which she ought to retain by restoring the +Americans to their former State, & they I am satisfied will no further +contend; While the Struggle continues Manufactures will still increase +in America in spite of all Efforts to prevent it; & how far Britain +will be injurd by it, ought certainly to be well considerd on your +side the Atlantick. + +Our Merchants have receded from their Nonimportation Agreement. They +held it much longer than I ever thought they would or could. It was a +grand Tryal which pressd hard upon their private Interest. But the +Landholders find it for their Interest to manufacture and it is their +happy Consideration that while they are most effectually serving their +Country they are adding to their private fortunes. The representatives +of the people have this day agreed to promote Manufactures in their +respective Towns, & the House have appointed a special Committee5 to +form a plan for the effectual Encouragement of Arts Agriculture +Manufactures & Commerce in this province; & even the Administration of +a Bernard could not tend more to sharpen the Edge of resentment which +will perpetually keep alive the Spirit of Manufactures than that which +we are now blessd with. Lt Governor Hutchinson, more plausible indeed +than Bernard, seems resolvd to push the same plan & the people plainly +see that a Change of Men is not likely to produce a Change of +Measures--so soon are the Words of the one verified when he said of +the other that he could rely upon him as he could on himself. + +Our House of Representatives have been inducd to do Business this +Session, against their former remonstrances, principally from a +Necessity which they apprehended they were under of attending to what +mt be doing on your Side the Water. They accordingly chose an Agent. I +gave my Suffrage with about a third part of the House, for Dr Lee--but +Dr Franklin being personally known to many of the Members had the +preference--both the Gentlemen were highly spoken of in the House, & +afterwards Dr Lee was appointed to the Trust, by a very full vote in +Case of the Death or Absence of Dr Franklin. + +Our State Tryals as we may call them have at length come on. Preston +is acquitted by a Jury!6 It is to be remarkd that the Baker of the +Regiment, who indeed wd have had himself excusd, and three others were +put on as Talesmen Preston having challengd Eighteen. One of the three +was a known Intimate of Prestons and another had declared before that +if he was to be of the Jury he wd sit till Doomsday before he wd +consent to a Verdict agt him. Evidence to prove that the Soldiers were +the Aggressors of which there was plenty was not admitted. The main +Question was whether he orderd the Men to fire--diverse persons swore +positively that he did, but they differing about the Circumstance of +his Dress, & others swearing, one that he was very near him & did not +hear him give the orders, & others that some other person unknown gave +them, operated in his favor. But no Weight that I can learn was given, +to full proof that he led the Soldiers armd with loaded Musquets & +Bayonets. This he had a Right, nay it was his Duty to do, because the +Centinel was in Danger & we must presume the People were the +Aggressors. This Principle I suppose will clear the Soldiers whose +Tryals begin on Tuesday next.7 Richardson who was convicted of the +Murder of young Snider so long ago as March, remains unhangd, the +Court not having yet determind upon his Motion for another Tryal. You +may easily observe that we have catchd the impartial Spirit of the +Kings friends, a synonimous term for friends of Govt here, from the +Mother Country. I had not the opportunity of attending Prestons Tryal, +but am in hopes of having a minute Accot of it from a sensible +Gentleman who was present--if I can obtain it I will write you more +precisely upon the Subject. + +Before I conclude I must mention to you that the Minister has taken a +Method which in my Opinion has a direct tendency to set up a despotism +here, or rather is the thing it self--and that is by sending +Instructions to the Governor to be the rule of his Administration & +forbiding him as the Govr declares to make them known to us, the +Design of which may be to prevent his ever being made responsible for +any measures he may advise in order to introduce & establish arbitrary +power over the Colonies. Mr Hutchinson has pushd this point with all +the Vigour of Bernard, which has occasiond warm messages between him & +the Assembly as you may observe in the Boston Gazette for several +Weeks past. But of this I shall be more particular in my next. + +I shall be proud of an epistolary Correspondence with you, and with Dr +Lee to whom tho personally unknown to him I beg you wd make my +Compliments. I am with strict truth. + + +1A resident of London, and at one time sheriff; his relations with the +colonists appear in the letters printed in this volume. +2A copy is in S. A. Wells, Samuel Adams and the American Revolution, +vol. i. pp. 293, 294. +3The session began September 26 and ended November 20. +4Probably Richard Cary, of Charlestown, Mass. Letters by him are in +Papers Relating to Public Events in Massachusetts, pp. 113, 122, 124. +5On November 16; Samuel Adams was a member of the committee. +6The stenographic report of Preston's trial was sent to England, but +never published in America. Works of John Adams, vol. ii., p. 236. +7The Trial of the British Soldiers of the 29th Regiment of Foot was +published at Boston in 1770, 1807 and 1824, and was reprinted in +History of the Boston Massacre, Albany, 1870, pp. 123-285. + + + +THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT-GOVERNOR OF +MASSACHUSETTS.1 + +MAY IT PLEASE YOUR HONOR, + +The House of Representatives have heretofore view’d with Concern the +deplorable State of the Militia of this Province. But have heretofore +refrained from any public mention of it least some Misconstruction +should be put upon it. + +But by the last Advices from GREAT BRITAIN, the NATIONS of Europe +appear to be upon the Eve of a general War; and perhaps America may +be the object in the Eye of some of those Naions. + +And when some of the Regiments within this Province are destitute of +Field-Officers, and many Companies without Captains or Subalterns, +the Arms of the Militia we fear are deficient, and military Discipline +too much neglected. + +Duty to his Majesty, and a Regard to our own Safety constrain us to +Address your Honor, praying that you would be pleased (as soon as may +be) to fill up the Vacancies in the several Regiments (wherever such +Vacancies are) with such Persons as to your Honor shall seem meet: +And that your Honor would be pleased to use your Endeavours that the +several Officers carefully Discharge the Trust reposed in them. And +should any Amendments in, or Addition to the Laws for regulating the +Militia of this Province be thought needful, at the next Session of +the General Court the House of Representatives will chearfully do all +in their Power towards putting the Militia on a respectable Footing. + +1On November 19, 1770, Samuel Adams was appointed a member of a +committee to draft a message to the Lieutenant Governor with reference +to the vacancies in the militia. On the following day Adams reported +to the House a draft, which was accepted. + + + +ARTICLE SIGNED “A TORY.” + +[Boston Gazette, November 26, 1770.] + +I have thought of several things that have taken place since the +present a-----n1 began, which must needs have given sensible pleasure +to every friend of this province, and possibly were alluded to in a +late pr-----n.2 ---In the first place, the friends of government have +so far prevailed against the faction, as to get the non-importation +plan broke thro’, which had for so long time embarrassed the Ministry +in thier laudable efforts to ESTABLISH A REVENUE in the colonies. The +consequence of this, it is hoped, will be, that the worthy +Commissioners of the customs will be continued; and the troops which +have so eminently protected the lives, and reformed the morals of the +people, will be reinstated; so that the well-affected may enjoy their +places and PENSIONS without molestation from the vulgar. In the next +place, our Castle-William is taken out of the hands of the rude +natives, and put under the government of regular forces; this was an +admirable manoeuvre, which has occasioned the highest joy in the +friends of government, (thank his ----- for it) and in proportion +damp’d the spirits of the faction. And then, such a grand appearance +of tall ships of war in our capital harbour, which were certainly +designed to show us the marks of the greatest respect, (for what other +end could the wise ministry have had in view) and may serve to make +up for the loss of troops, if we should unfortunately not be favoured +with more! --There is also the advantage which his H----r the Lt. +G-----r must reap from some late instructions, which, no doubt, “are +founded in wise reasons,” whereby the great defects in our Charter, +which the friends of government have been long complaining of, may +be supply’d. --I might mention also, a late remarkable deliverance +from death and danger, (blessed a-m-----n!) for it would have been a +great discouragement to the efforts of government. --But no more-- +these may be thought to be matters of great thankfulness, and may +suitably employ our minds at the approaching solemnity. + +Your’s + +A TORY. + +Cambridge, Nov. 20, 1770. + +1Administration. +2Proclamation. + + + +TO PETER TIMOTHY1 + +[MS., Samuel Adams Papers, Lenox Library.] + +Boston Novr 21 1770 + +SIR + +Ever since I recd your favr of Sept 222 I have been incessantly +employd in the Genl Assembly which met AGREABLE TO INSTRUCTIONS at +Har[vard] Coll[ege] in Cam[bridge]. This I hope will be some Apology +for my not acknowleging it before. + +I had recd a Letter from Mr John Neufville Chairman of the Come of +Merchts in Charlestown, inclosing Letters for the Sons of Liberty in +Boston Connecticutt & N Hampshire. The two last of which I forwarded +as soon as possible to such Gentn in the repsective places as I judgd +worthy so excellent a Character. That which was directed for Boston +I unseald, professing my self a Son of Liberty but found it was +designd for the Trade, with whom I was not connected, but as an +Auxiliary in their Nonimportaton Agreement. I therefore deliverd it +to the Chairman of the Come here, and it was read with very great +Approbation, in a large Meeting of the Body of the people. I desire +you wd make my Compts and Apology to Mr Neufville. I verily believd +that the Come of Merchants had duly honord his Letter by returning +an Answer to it, as they had orderd it to be publishd in our papers; +and I candidly suppose they had the same Expectation from me which +may be the occasion that the Letter remaind unanswerd. + +The Nonimportation Agreemt since the Defection of New York is entirely +at an end. From the Begining I have been apprehensive it wd fall +short of our Wishes. It was continued much beyond my Expectation: +There are here & I suppose every where, men interrested enough to +render such a plan abortive. Thro the Influence of the Come & Tories +here, Boston had been made to APPEAR in an odious Light; but I wd +not have you believe it to be the true Light. The Merchts in general +have punctually abode by their Agreemt, to their very great private +loss; Some few have found means to play a dishonorable Game without +Detection, tho the utmost pains have been taken. The Body of the +people remaind firm till the Merchts receded. I am very sorry that +the Agreemt was ever enterd into as it has turnd out ineffectual. +Let us then ever forget that there has been such a futile +Combination, & awaken our Attention to our first grand object. Let +the Colonies still convince their implacable Enemies, that they are +united in constitutional Principles, and are resolvd they WILL NOT be +Slaves; that their Dependance is not upon Merchts or any particular +Class of men, nor is their dernier resort, a resolution BARELY to +withhold Commerce, with a nation that wd subject them to despotic +Power. Our house of reps[sic] have appointed a Come to correspond +with our friends in the other Colonies,3 & AMERICAN MANUFACTURES shd +be the constant Theme. + +Our young men seem of late very ambitious of making themselves +masters of the art MILITARY. + +1Of Charleston, South Carolina. +2Asking why an earlier letter of the Charleston committee had not +been answered. A copy of Timothy’s letter is in S. A. Wells, Samuel +Adams and the American Revolution, vol., i., p. 292. +3Consisting of Samuel Adams, John Adams, Hancock, Hall and Cushing; +appointed November 7, 1770. + + + +TO STEPHEN SAYRE. + +[MS., Samuel Adams Papers, Lenox Library.] + +Boston 23 Novr 1770 + +SIR + +Capt Scott being detaind by a contrary Wind, and the General Assembly +being now prorogud,1 I have an Opportunity of writing in Addition to +my Letter of the 16 Instt & by the same Conveyance. + +As soon as I heard of the Death of our worthy Friend Mr De Berdt, I +was determind, if the House should come to the Choice of an Agent, to +give my Vote for yourself; and I was confirmd in my Resolution when I +found by your Letter of the 5 June2 that such an Appointmt would be +agreable to you. But being afterwards told by a Friend of yours that +you were desirous yourself that Dr Lee might be chosen, which by no +means lessened my Opinion of your Merit, & having also a great +Opinion of Dr Lee, I thought myself happy in a Conclusion that your +Inclination perfectly coincided with my own Judgment. At the same +time, such was my Opinion of your honest Zeal for the Rights of +America and of your Ability to defend them that I could with equal +Satisfaction have voted for Mr Sayer. I am perfectly of your Opinion +that no man shd be the object of our Choice who holds any place at +the Will of the present Administration; how far the House have been +influencd by this Principle you are able to judge. + +You will observe by the inclosd papers, to how great a degree +ministerial Instructions are enforcd here. They not only prescribe to +the Assembly which ought to be free the forms of Legislation in the +most essential Parts, but even annihilate the Powers of the Govr +vested in him by Charter.3 Could it possibly be imagind that a man +who is bone of our Bone, & flesh of our flesh--who boasts that his +Ancestors were of the first Rank & figure in the Country, who has had +all the Honors lavishly heapd upon him which his Fellow Citizens had +it in their power to bestow, who with all the Arts of personal +Address professes the strongest Attachmt to his native Country & the +most tender feeling for its Rights. Could it be imagind htat such a +Man shd be so lost to all sense of Gratitude & publick Love, as to aid +the Designs of despotick power for the sake of rising a single step +higher. + +“Who would not weep if such a Man there be +Who would not weep if H-----n were he.” + +Aut Caesar aut nullus, is inscribd on the Hearts of some Men who have +neither Caesars Learning nor Courage. Caesar three times refusd the +Crown; His Heart & his Tongue evidently gave each other the Lye. Our +modern GREAT MAN, would fain have it thought that he has refusd a +Government, which his Soul is every day panting after & without the +Possesion of which his Ambition & Lust of Power will perpetually +torment him. + +The Intelligence in Your Letter of the 18 Sept which I have just now +with pleasure receivd, does not at all surprize me--”His former +Letters” “wrote before Bernard embarkd for England” “have been equally +oppugnant to the Form of your Govt”--And yet this very Man gives out, +that in six months, the Province will be convincd that his Letters are +written in defence of our Charter! So I remember Bernard himself, not +long before his own Letters returnd, declard to both Houses of +Assembly, that if he was at Liberty to make publick the Letters he had +written to the several Boards in favor of the Province, his Enemies +wd blush.--Why does not this Man make his Letters publick? Would not +a Roman Senator have seizd the opportunity of appeasing the Jealousys +of the angry Citizens? But the Body of the people are contemptible.4 +This People who know not the Law are accursed, said a haughty Jewish +priest. It has been his Principle from a Boy, that Mankind are to be +governd by the discerning few--and it has ever since been his +Ambition to be the Hero5 of the few. + +I have long since been of your Opinion that few great Men in Britain +are entitled to an American Confidence--They will all in their Turns +clamour for us while it is their Interest so to do.--It is the +Business of America to take Care of herself--her salvation as you +justly observe depends upon her own Virtue. Arts & Manufactures aided +by Commerce have raised Great Britain to its present Pitch of +Grandeur. America will avail herself by imitating her. We have already +seen her troops and AS WE HAVE A PROSPECT OF A WAR I hope I may safely +tell you that our YOUNG MEN begin to be ambitious of making themselves +perfect Masters of the Art MILITARY. Amidst the innumerable Evils +which we complain of from the bad policy of YOUR Ministry, this is +the happy Effect of Britains transplanting her Arms in America. + +1The prorogation, on November 20, was until January 23, 1771; the next +session actually began April 3, 1771. +2Delivered by Richard Cary. A copy is in S.A. Wells, Samuel Adams and +the American Revolution, vol. i., pp. 293, 294. +3At this point the words “Good God!” are crossed out. +4Before alteration, this sentence read: “But the Body of the people +are too contemptible to be favord with a Sight of them.” +5Originally “Head.” + + + +TO JOSIAH WILLIAMS. + +[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is +in W. V. Wells, Life of Samuel Adams, vol. i., pp. 341, 342.] + +Boston Novr 23 1770 + +MY DEAR SR + +When you embarkd for London I promisd you I would write by the next +Ship. I did not write--but it was owing to incessant Avocations at +Cambridge & not to an unmindfulness of my promise or a Want of +Inclination to fulfil it. I hope ere now you are safe arrivd. You are +then a Sojourner in one of the most opulent and most luxurious Cities +in the World. Musick is your dear Delight--there your taste will be +improvd. But I fear that Discord will too often discompose you, and +the rude Clamors against your Country will vex you. I rely upon it +that your own good Sense will dictate to you that which will +sufficiently vindicate your Country against foul Aspersion whenever +you may meet with it; and I cannot entertain the least Doubt but you +are possessd with all that patriotick Zeal which will for ever warm +the Breast of an ingenuous young Gentleman. Such a Zeal temperd with +a manly Prudence will render you respectable in political Circles of +Men of Sense. I am sure you will never condescend to be a Companion +of Fools. After telling you what I know will be agreable to you, that +your friends are well, you must allow me to plead haste & conclude at +present with my best Wishes for your Prosperity. + + + +ARTICLE SIGNED “A CHATTERER.” + +[Boston Gazette, December 3, 1770.] + +We should all remember that British America was well affected to the +nation till MINISTERIAL INNOVATIONS occasion’d these Difficulties. +Anon. + +Instead of submitting to MINISTERIAL GUIDANCE, they seem so far led +away by common Sense, and their Regard for the common Welfare, that +they have no Reverence for the INSTRUCTIONS and REFINEMENTS of our +Ministers. Ibid. + +Messieurs PRINTERS, + +Some time ago I took the liberty of making a few remarks in my poor +manner, upon a SPEECH deliver’d at the close of a session of the +General Assembly: I then thought, and still think that I had good +right and lawful authority so to do, notwithstanding the rebuke which +the VENERABLE Mr. Probus1 then “thought fit” to give me. In imitation +of some of my BRETHREN, I solemnly warned my readers, by way of +applications, of the danger of certain INSTRUCTIONS, or as they were +term’d, “MINISTERIAL MANDATES” we had about that time been told of; +which appear’d to me to be equal to that of REVENUE ACTS, or STANDING +ARMIES to ENFORCE them: I little thought that these instructions, or +mandates, call them what you will, would in their effects have made +so rapid a progress, in so short a time, as I find they have since +THE PRESENT ADMINISTRATION began: For I perceive that our house of +representatives have plainly told the Lt. Governor that “merely in +obedience to INSTRUCTIONS, he has made an ABSOLUTE SURRENDER of Castle +William to his Majesty’s forces, with a MOST EXPRESS RESIGNATION of +his POWER OF GARRISONING the same to Lt. Col. Dalrymple”: and to prove +it they recite his Honor’s orders UNDER HIS OWN HAND, to Capt. +Phillips, to deliver that Fort into the hands of the commanding +officer of his Majesty’s regular forces then upon the island, TO BE +GARRISON’D by such detachment as HE SHOULD ORDER! To this indeed his +honor says, “There is nothing in the orders which I gave to Capt. +Phillips, which does not perfectly consist with my retaining the +command of the Castle, and my right to exchange the present garrison +for the former or any other, as I shall think proper”: But I must +confess, it is mysterious to me, how his Honor can retain the Right +to dismiss Col. Dalrymple and his detachment, WHEN HE PLEASES, or +exchange the present garrison for any other AS HE SHALL THINK PROPER, +after having delivered the fort without any reservation, into the +hands of Col. Dalrymple, in consequence of EXPRESS ORDERS from +another, to be garrison’d by such detachment AS HE SHALL ORDER. I am +not so certain that his Honor, who pays a sacred regard to +instructions, will easily be perswaded to exchange the present +garrison for the former, or any other, however necessary such +exchange may be, without first having leave from the right Hon. the +Earl of Hillsborough, as full and EXPRESS as the orders he receiv’d +from his lordship to place the present garrison there--Others may +reconcile an absolute delegation of power without any reserve, by the +express orders of a superior, with a right retain’d in the person who +is THUS ORDER’D to delegate, to exercise the same power when he +pleases; I have not that INTUITIVE knowledge which some men are said +to be bless’d with, and therefore it will not be thought strange if I +do not see clearly through this mystery in POLITICS.--The house +further observe, that “as his Honor has heretofore repeatedly declared +that he has no authority over the King’s troops in the province,2 it +was absurd to suppose he COULD have the command of a fort, thus +unreservedly surrendered to, and in full possession of such troops”: +Which appears to be a just conclusion; for can any one believe that +Col. Dalrymple will hold himself oblig’d to march the King’s troops +under his command out of that fort, in obedience to the orders of one +who has no authority over them? Think not, Mess. Printers, that I am +now finding fault: For if his Honor has “in this instance divested +himself of a power of governing which is vested in him by the Charter +FOR THE SAFETY of the province”, as wiser heads than mine have +determin’d, who WILL DARE to find fault? It was done by virtue of +instructions; and we are told that instructions from a minister of +state come MEDIATELY from the K-----, and his Honor knows that +instructions, whatever “coarse epithet” may have been bestow’d upon +them, are “founded in very wise reasons”, and ought not to be treated +with contempt--HOLT, SOMERS and others, who near eighty years ago +laid their heads together to form our Charter, were certainly wise +and great men; and King William who gave it was as certainly a wise +and good King: But does not the wisdom of my Lord of H-----h far +exceed theirs? Pray, does not every measure which he has advis’d, +fully evince this to the conviction of all but a few factious fellows +here and there. The FRIENDS OF GOVERNMENT are willing to submit WHAT +JUDGEMENT THEY HAVE to such profound wisdom; and what if our OLD +FASHION Charter should be pared down by INSTRUCTIONS, and a power or +two of the G-----r, vested in him FOR THE SAFETY OF THE PEOPLE, should +even be annihilated by them, we are only to BELIEVE there are very +wise reasons for it, and we shall find that all is for the best. + +But it is said that “Mr. Hall the late chaplain (whose deposition was +also taken) has not only not given the House the form of words in +which his Honor committed the CUSTODY of the Castle “according to the +Charter” to Col. Dalrymple, but has substituted words which carry a +very different meaning.” --It is strange that Mr. Hall, whom his +Honor directed to attend him--I suppose as a witness--should so +grosly mistake the meaning of the words. But whatever he may lack in +comprehension, memory or VERACITY, he shall, IF HE LIKES IT, be +touch’d up with the reputation of a very MODEST KIND OF GENTLEMAN; +“he has with GREAT MODESTY declared that he COULD NOT RECOLLECT THE +WORDS”--Mr. Hall’s expression is, “PERHAPS I MAY not recollect the +words EXACTLY”;--and “could ONLY recollect the impression they made +upon his mind”--Here again we find Mr. Hall’s expression to be, “This +as far as I can recollect is the impression they made upon my mind.” +He spoke upon memory, and if he delivered the SUBSTANCE of what he +heard, his not being certain that he recollected the words EXACTLY, +is not material--What then is the substance as deliver’d by Mr. Hall +UNDER OATH, who has the character both of an honest and a sensible +man, altho’ it is said that he substituted words which convey a very +different meaning? It is this; “By virtue of authority deriv’d from +his Majesty to govern this province, and in consequence of EXPRESS +ORDERS from the Right Hon. the Earl of Hillsborough to deliver this +fort into the hands of the commanding officer of the King’s troops +now upon the island to be garrison’d by such detachment or detachments +as HE SHALL THINK PROPER I deliver these keys to you as commanding +officer”. If his Honor has a copy of the EXACT FORM OF WORDS, and will +favor the publick with it, we shall be able to judge where the +difference is, and whether “in our opinion” it is MATERIAL. Perhaps +the words “according to the Charter” which I observe are comma’d in +his Honor’s reply as emphatical, are omitted by Mr. Hall: But if THEY +are a part of the FORM OF WORDS, the house seem to have fully taken +them up by affirming that his Honor has no authority either BY THE +CHARTER or his commission to delegate the power of garrisoning the +Castle to any other person: And “that the SHEW of the authority of +the Governor thus held up serv’d only to make the surrender the more +solemn and formal.” If then he had no such authority to do it either +by Charter or Commission, how could he do it by virtue of the +authority deriv’d from his Majesty to govern the province? unless +that authority is deriv’d to him to govern, SOLELY by the “EXPRESS +ORDERS from the Rt. Hon. the Earl of Hillsborough”--If so, where +indeed “is the freedom of the Governor of this province”: I desire to +know, how his Honor in delivering the keys of the Castle and the +power of garrisoning it to Col. Dalrymple, can be suppos’d to have +exercis’d HIS OWN judgment and election, when he declares he did it +in consequence of EXPRESS ORDERS from another? And that other does not +appear to be his Majesty, but the Rt. Hon. the Earl of Hillsborough +--The whole matter that could exercise his judgment, as it appears to +me, must have been whether he should deliver the fort to Col. +Dalrymple to be garrison’d by such detachment of the regular forces as +he should think proper, in obedience to the EXPRESS ORDERS of Lord +Hillsborough, or retain the Right of committing the custody and +government thereof to such person or persons as to him should seem +meet, by virtue of the authority deriv’d from his Majesty to govern +the province according to the EXPRESS TERMS of the Charter. + +I may venture to say, there has not been an instance of this kind +since the date of our Charter; and in the opinion of judicious and +unprejudiced persons, it is a matter of very great moment. Our enemies +may now have the pleasure of seeing the principal fort & key of the +province in the hands of persons who have not the least dependance +upon it; the captial environ’d with ships of war; the General Assembly +removed from its ancient seat, into the country; and the College, +which has been liberally supported by the people for the education of +our youth, has been made a seat of government, under a pretence, as +it is said, of a prerogative in the Crown, to take up any public +buildings;--All by virtue of instructions, which we are implicitly to +believe are founded in wise reasons; while the people thro’out the +province, whether they are sensible of it or not, are every day +contributing to a revenue rais’d by the act of a legislature in which +they are not and cannot be represented, and against their most +earnest petitions and warmest remonstrances! Surely these are not the +blessings of adm-----n for which we are this week to return to +Almighty God our unfeigned thanks. + +When the public observe that the House had ordered Mr. Hall’s +deposition to be published at large, and that his Honor was DULY +NOTIFIED TO BE PRESENT at the caption, perhaps it may be thought that +the mention that is made of the “care INDUSTRIOUSLY taken by the +House to omit the reserve” Mr. Hall had made, because it “did not +suit their purpose”, might have been spared. Its not suiting their +purpose, might be a sufficient reason for their ommitting it: But +possibly his Honor’s manner of introducing it, may be taken be some +“to convey a very different meaning.” + +As to “the formality of delivering the keys of the fort,” I suppose +it to have been in much the same FORM OF WORDS, as is used, when a +governor who is recalled, delivers them to another who is to succeed +him in the government of the province by his Majesty’s appointment. +--Col. Dalrymple accepted them “in consequence of orders from General +Gage,” without recognizing any subordination to his Honor. Whether he +will ever deliver them to any person, but such as may claim more +authority over the King’s troops in the province than the Lieutenant +Governor has, I very much doubt.--You shall hear from me again.--- + +In the mean while, I am yours, + +A CHATTERER. + +1See above, p. 43. +2The identical words used by that warm friend to this province, the +colonies, the nation and all men but himself, Sir F. B. of Nettleham, +Baronet. + + + +ARTICLE SIGNED “VINDEX.” + +[Boston Gazette, December 10, 1770.] + +To the Printers, + +The trial of Capt. Preston and the Soldiers who were indicted for the +murder of Messrs. Gray, Maverick, Caldwell, Carr and Attucks, on the +fatal fifth of March last, occasions much speculation in this Town: +And whatever may be the sentiments of men of the coolest minds abroad, +concerning the issue of this trial, we are not to doubt, but the +Court,1 the Jury, the Witnesses, and the Council on both sides, have +conscienciously acquitted themselves: To be sure, no one in his +senses will venture to affirm the contrary. + +I am free to declare my opinion, that a cause of so great importance, +not only to this town, but to all his Majesty’s subjects, especially +to the inhabitants of cities and sea-port towns; who are expos’d to +have troops posted among them, whenever the present administration +shall take it into their heads in his Majesty’s name to send them; +such a cause, I say, ought to be fairly stated to the public; that we +may from thence learn how far we are bound to submit to every band of +soldiers we may meet in the streets, and in what instances we may +venture to interpose and prevent their murdering those whom we may +think to be innocent persons without being liable to be censured for +acting unlawfully, if we escape with our own heads, if we should fall +victims to their rage and cruelty. + +It was a question put by the chief magistrate of this province to the +officer who commanded on that bloody evening. “Did you not know that +you should not have fired without the order of a civil magistrate”. +And it was sworn in court in the case of Capt. Preston, that he +answered, “I did it to save my Sentry”: But whatever his answer was, +or however “unsatisfactory” to his Honor, the question plainly implies +that it was the judgment of his Honor, that the soldiers could not +justify themselves in firing upon the people without the order of the +civil magistrate. Yet they did fire without such orders, and killed +five of his Majesty’s good subjects; most, if not all of whom were at +that time, for aught that has yet appear’d, in the peace of God and +the King! They not only fired without the orders of the civil +magistrate, but they never called for one, which they might easily +have done--They went down of their own accord, arm’d with musquets, +and bayonets fix’d, presuming that they were cloath’d with as much +authority by the law of the land, as the Posse Comitatus of the +country with the high sheriff at their head--How little regard is due +to the word fo a m--r, who would fain have flatter’d us into a belief +that the troops were sent here to aid the civil magistrate, and were +never to act without one? And let me observe, how fatal are the +effects, the danger of which I long ago mention’d, of posting a +standing army among a free people! + +If his Honor was not mistaken in his judgment, and I presume he was +not, viz. that it was unlawful for them to fire without the order of +the civil magistrate, they were certainly from the beginning, at +least very imprudent and fool-hardy, in going down, arm’d as they +were, with weapons of death, without the direction of the civil +magistrate; especially, if they intended to fire, as I think it is +manifest they did.-- When Captain Preston was asked, Whether the +soldiers intended to fire, he answer’d they could not fire without +his orders: No one will pretend that they had not strength or skill +to pull their trickers; but by the rules of the army, their own rules, +they were restrained from firing till he first gave them orders: Yet +contrary to those very rules they all did fire; all but one, and he +did all he could to fire, for his gun flush’d in the pan--it is said +that when it was urg’d by the council for the crown, that by the +rules of law they ought to have retreated if they were in danger of +their lives; it was answered, that by the rules of the army they +were chain’d as it were to their post--that they dared not to retreat +without the orders of their captain--that in so doing they would have +‘expos’d themselves to a sentence of death in a court martial:’--Yet +we have it from great authority that they would have been distracted +if they had not fired, upon a supposition that they were in danger; +altho’ by the same rules of war they could not have fired any more +than they could have retreated, till the captain order’d them; and +they expos’d themselves to be shot by the sentence of a court martial +if they did fire, as much as they would have done if they had +retreated without his order--Certainly it will not be said, it was +more becoming the bravery of a British soldier, to stand his ground +against the subjects of his own King, and kill them upon the spot, +than to have retreated and deserted the glorious cause, and thus have +saved the lives of his Majesty’s subsjects. + +The behavior of the party as they went from the main guard discover’d +an haughty air--they push’d their bayonets and damn’d the people as +they went along--and when they arriv’d at their post, one witness who +is a young gentleman of a liberal education and an unspotted +character, declared, that when they came down there were about ten +persons round the sentry--that one of the prisoners whom he +particularly named, loaded his gun, pushed him with his bayonet and +damn’d him--that about fifty or sixty persons came down with the +party, and that he did not observe the people press on. Another +declared, that when the soldiers were loading, about a dozen +surrounded them, and that several of them struck their guns--that he +saw ice or snow balls thrown, but did not apprehend himself or the +soldiers in danger by any thing he saw--This witness was very near +the soldiers; and will any one wonder, that when the soldiers were +to all appearance meditating the death of people by loading their +guns, while there was no apparent danger to them, some of the people +should strike their guns, to prevent the mischief which they seem’d +to be resolv’d upon. + +Another declared, that one of the prisoners whom he also named, struck +him upon the arm with his bayonet as the party came down before they +formed; and that he had then told Capt. Preston that every body was +about dispersing--The characters of these witnesses will not be +contested. Such a conduct surely did not discover the most peaceable +disposition in this lawful assembly of soldiers--One would think that +they intended to assassinate those, who they had no reason to think +had the least inclination to injure them--If these are not instances +of assault, I know not what an assault is: And if they were not an +unlawful assembly before, it may well be suppos’d they were at this +time doing an unlawful act--an act that to be sure very ill became +gentlemen soldiers sent here to curb a rebellious spirit and keep the +peace: But there is a colouring at hand; and because this party did +not knock a witness down, or run him thro’, who had the audacity to +refuse at their sovereign order to move out of the way for them as +they pass’d the street from the main guard to the custom-house, tho’ +he had then been push’d with a bayonet by one of them, it is +sufficient to convince all the world of their lamb-like meekness and +immaculate innocence. + +I have in a former paper consider’d soldiers when quarter’d in free +cities, in the light of other inhabitants, under the same direction +of the civil magistrate and the same controul of the law of the land: +and that by this law, like all other men, they are to be protected, +govern’d, restrain’d, rewarded or punish’d. If then a soldier has the +right in common with other men, to arm himself for his defence when +he thinks there is a necessity for it, he has certainly no more right +then they, to use his weapons of death at random; or at all under a +pretence of suppressing riots, or any other pretence, without the +presence of the civil magistrate, unless his own life is in danger, +and he cannot retreat: Such a liberty would tend to increase the +disorder rather than suppress it, and would endanger life rather than +save it: In the instances I have mention’d, the lives of the soldiers +were not in danger from the men whom they assaulted: This was early +in the tragical scene, and it was an assault personally upon those +who had not attempted to do them the least injury: How far their lives +were in danger afterwards, and who were in fault, shall be the subject +of free Enquiry in a future paper. + +VINDEX. + +1The published report, cited above, p. 60, contains the charge to the +jury as given only by Judge Trowbridge and Judge Oliver. All that is +extant of Judge Lynde’s charge to the jury is printed in The Diaries +of Benjamin Lynde and of Benjamin Lynde, Jr., pp. 228-230. + + + +ARTICLE SIGNED “VINDEX” + +To the Printers. + +That the trial of the soldiers concern’d in the carnage on the +memorable 5th of March, was the most solemn trial that ever was had +in this country, was pronounc’d from the bench. To see eight +prisoners bro’t to the bar together, charg’d with the murder of five +persons at one time, was certainly, as was then observ’d, affecting: +But whoever recollects the tragedy of that fatal evening, will I +believe readily own that the scene then was much more affecting--There +is something pleasing and solemn when one enters into a court of law +--Pleasing, as there we expect to see the scale held with an equal +hand--to find matters deliberately and calmly weigh’d and decided, +and justice administered without any respect to persons or parties, +and from no other motive but a sacred regard to truth--And it is +solemn as it brings to our minds the tribunal of GOD himself! before +whose judgment-seat the scriptures assure us all must appear: And I +have often tho’t that no one will receive a greater share of rewards +at that decisive day, than he who has approv’d himself a faithful +upright judge. + +Witnesses who are bro’t into a court of justice, while their veracity +is not impeach’d, stand equal in the eye of the judge; unless he +happens to be acquainted with their different characters, which is +not presum’d--The jury who are taken from the vicinity, are suppos’d +to know the credibility of the witnesses: In the late trials the +witnesses were most if not all of them either inhabitants of this town +or transient persons residing in it, and the jurors were all from the +country: Therefore it is not likely that they were acquainted with the +characters of all the witnesses; and it is more than probable that in +so great a number of witnesses there were different characters, that +is, that some of them were more, others less creditable. If then the +judge, whose province it is to attend to the law, and who, not knowing +the characters of the witnesses, presumes that they are all good, & +gives an equal credit to them, it is the duty of the jurors who are +sovereign in regard to facts, to determine in their own minds the +credibility of those who are sworn to relate the facts: And this in a +trial for murder requires great care and attention. I would just +observe here, that in the last trial there were not less than eighty- +two witnesses for the jury to examine and compare, which was an +arduous task indeed! And I will venture further to observe, that some +of these witnesses who swore very positively were not so creditable +as others, and the testimony of one of them in particular, which was +very precisely related & very peremptory, might have been invalidated +in every part of it. I shall not at present suggest what I take to be +the reason why it was not done. These matters will no doubt have +their place in the history of the present times in some future day, +when the faithful recorder it is to be hoped will, to use the language +of our courts of justice, relate the truth, the whole truth, and +nothing but the truth. + +It is enough for the jury to receive the law from the bench: They may +indeed determine this for themselves; but of facts they are ever the +uncontroulable judges. They ought therefore to receive the facts from +the mouths of the witnesses themselves, and implicitly from no other: +Unless the jury particularly attend to this, they may be in danger of +being misled by persons who would be far from doing it with design: +For instance, if one should swear that A being foreworn’d against it, +levell’d his gun and kill’d B: and afterwards it should be forgot, +that the witness also swore that A immediately advanc’d & push’d his +bayonet at C, which pass’d between his waistcoat and his skin; if this +I say should be forgot, and should be overlook’d by the jury when they +are together, perhaps instead of bringing it in murder according to +the rules of the law laid down by the bench, they would bring it in +manslaughter--I do not here affirm that this has ever been a fact: I +mention it as what may hereafter be a fact, and to show the necessity +of a jury’s relying upon facts as they receive them from the witnesses +themselves, and from them alone. + +The furor brevis which we have heard much of, the fury of the blood +which the benignity of the law allows for upon sudden provocation, is +suppos’d to be of short duration--the shooting a man dead upon the +spot, must have stopp’d the current in the breast of him who shot him, +if he had not been bent upon killing--an attempt to stab a second +person immediately after, infers a total want of remorse at the +shedding of human blood; and such a temper of mind afterwards +discovers the rancorous malice before, especially if it be proved that +the same man had declated that he would never miss an opportunity so +to do: If this does not imply malice at first, I do not see but he +might have gone on stabbing people in his furor brevis, till he had +kill’d an hundred; and after all, it might have been adjudg’d, in +indulgence to the human passions, excuseable homicide. + +The law in its benignity makes allowance for human passions: But the +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. + +The Candor of the Town indeed was such, that at their meeting in +March, 2 by a Vote they restraind their Committee from publishing +the narrative, lest it might unduly prejudice those whose lot it +should be to be jurors to try these Causes: This restraint they +continued by a Vote at their meeting in May,3 & untill the +Trials should be over . . . plaud; as it discovered a Sense of +Justice; as well as the greatest Humanity4 towards those men who +had wantonly lit the hearts Blood of citizens like Water upon +Ground. A Temper far from vindictive; calm and moderate, at a +time, when if ever they might have been expected to be off their +Guard: And yet, so barbarous & cruel, so infamously mean & base +were the Enemies of this Town, who are the common Enemies of all +America & of the Truth it self, that they falsly inserted in the +publick news papers in London the Inhabitants had seizd upon Capt +Preston hung & hung him like Porteus upon a Sign Post! - + +I shall now in a few ......... endeavor to show the Temper which +some of the Soldiers, (by whom I do not now particularly mean the +late Prisoners), discoverd at & after the fatal Catastrophes. +Readers may have observd, that I am careful to distinguish between +the evidence given in Court from that which was given out of +Court, Witnesses to this point, it ought not to be supposd, were +admissible at the Trial, unless perhaps the one immediately +following: That a credible Person, who is mistress of a reputable +family in the Town. She testified before the Magistrates, & was +ready to swear it in Court, if she had been called, that on the +Evening of the 5 of March a number of Soldiers were assembled from +Greens Barracks & opposite to her Gate, which is near those +Barracks - that they stood very still until the Guns were fired in +Kingstreet; then they clapd their Hands & gave a Cheer, saying, +this is all we want; they then ran to their Barrack & +came out again in a few minutes, all with their arms, & ran +towards Kingstreet.5 These Barracks were about a quarter of a mile +from Kingstreet: Their standing very still, untill they heard the +firing, compared with their subsequent Conduct, looks as if they +expected it; it seems, as though they knew what the Signal should +[be], & the part they were to act in Consequence of it. This +perhaps may be thought by some to be too straining: I will not +urge it, but leave it to any one to judge, how far if at all, it +affords Grounds of Suspicion, that there was an understanding +between the Soldiers in Kingstreet at the time of the firing & +these; especially, if it be true as has been said, that they fired +without the Command of their officers - There was another Witness +similar to this; an housholder of good reputation, who testified, +that the Soldiers from Greens Barracks rushd by him with their +Arms towards Kingstreet, saying this is our time or chance; that +he never saw6 Dogs so greedy for their prey as they seemd to be, +and the Sergeants could hardly keep them in their ranks.7 + +Another swore, that after the firing, he saw the Soldiers drawn up +in the Street, and heard Officers [as] they walked backwards & +forwards say, Damn it, what a fine fire that was! How bravely it +dispersd the mob!8 A person belonging to Hallifax in Nova Scotia, +testified that when the Body of troops was drawn up before the +Guard house (which was presently after the Massacre) he heard an +officer say to another, that this was fine work, just what he +wanted.9 I shall add but one more to this List, and that is the +Testimony of a Witness, well known for an honest man in this Town, +who declared, that at about one o'Clock the next morning, as he +was going alone from his own house to the Town House, he met a +Sergeant of the 29th with Eight [or] nine Soldiers, all with very +large Clubs & Cutlasses when one of them speaking of the +Slaughter, swore by God it was a fine thing & said you shall see +more of it.10 These Testimonies it is confessd would not be +pertinent to the Issue of the late Tryal: But I think it necessary +to adduce them here to convince the World of the wretched +Condition this town was in, the Reasons they had to apprehend & +the necessity they were under constantly to be upon their Guard +while such were quarterd among them: Much was brot into Court to +show that the Town was in a State of disorder on the Evening of +the 5 of March previous to the Affray at Murrays Barracks; +Witnesses were admitted to testify that they were met by one & +another armd with Clubs.11 But Nothing appeard there to show the +Cause & even the Necessity of it.11 + +To these, I cannot help subjoining the Testimony of Mr John Cox, a +very reputable Inhabitant of this town; who swore in Court at one +of the late trials, that after the firing, he went to take up the +dead - that he told the Soldiers, it was a cowardly trick in them +to kill men within reach of their Bayonets, with nothing in their +hands, and that the officer said, damn them, fire again & let them +take the Consequence! - to which he replyd you have killed . . . +already to hang you all - But he was mistaken. + +It is a Mistake to say the soldiers were in danger from the +Inhabitants. The reverse is true; the Inhabitants were in danger +from the Soldiers. With all the Indulgence which was & perhaps +ought to be shown to Prisoners upon Tryal for Life, not a single +Instance of any Injury offerd to Soldiers was provd, except at +Murrays Barracks, & not even there but in return for intollerable +Insults. Many Witness[es] were ready if called for to testify to +the Insults & Abuse offerd by the Soldiers to the Inhabitants in +various parts of the Town. + +Thus one of the prisoners Witnesses testified in Court that at 7 +o'Clock going to the South End he met forty or fifty in small +Parties, four or five in a party. It has been testified by a +credible Witness that before the fifth of March, the Soldiers were +not only seen making their Clubs, but from what the Witness could +collect from their Conversation, they were resolvd to be revengd +on Monday13 and divers others swore to the same purpose; They did +not indeed say, whether they knew them to be soldiers or +Inhabitants: It is as probable that they were Soldiers as +Inhabitants; for it was sworn before the magistrates by a person +of Credit, that on the Saturday before he saw the Soldiers +making Clubs; Another was ready to testify in Court that thirty of +these Clubs or Bludgeons were made, by the Soldiers, in his own +Shop. And in the part of the Town where the Witness was going, a +Gentleman was attackd by two Soldiers, one of them armd with a +Club & the other with a broad Sword; the latter struck him, & +threatned that he should soon hear more of it. It was notorious +that the Soldiers were seen frequently on that evening armd with +Clubs - but in the Judgment of some men, every party that was seen +with Clubs, or in the modern term, Bludgeons, to be sure must have +been Inhabitants. If the Soldiers were in such Danger why were +they not kept in their Barracks after Eight o'clock agreable to +their own orders? In stead of this we find the Testimony of a +person, who was not an Inhabitant of the Town, that being at the +South End on that Evening exactly at Eight o'Clock he saw there +Eleven Soldiers: An officer met them .....orderd them to appear at +their respective places at the time: and if they should see any of +the Inhabitants of the Town, or any other people not belonging to +them, with Arms, Clubs or any other warlike weapon more than two +being assembled together to order them to stop, & if they refusd, +to stop them with their firelocks, and all that should take their +part - the officer went Northward & the Soldiers Southward. + +These were orders discretely given indeed! And well becoming a +Gentleman in any Command, over troops sent here, or as the +Minister pretended, to aid the civil Magistrate in keeping the +peace, & with directions never to act without . . . Will any one +think the Town could be safe, even from this band of Soldiers +only, especially while under such direction & influence - This is +a single Instance -No wonder that when the Bells soon after rang +as for fire, & the people in that same part of the town came into +the Streets with Bucketts, they should be told by some, as a +Gentleman who was a Witness in Court for the prisoners swore they +were, that they had better bring Clubs than Bucketts - Such +Appearances were enough to put the Town in Motion. It is a Mistake +to say the Soldiers were in danger from the Inhabitants; the +reverse is true: The Inhabitants were in danger from the Soldiers. +With all the Indulgence which was shown, and perhaps ought to be +shown to Prisoners at the bar, upon trial for Life, not a single +Instance was provd, of any Abuse offerd to any Soldier that +Evening, previous to the insolent Behavior of those of them who +rushd out of Murrays Barracks & fell upon all whom they met: on +the Contrary, there had been many Instances of their insulting & +assaulting the Inhabitants indiscriminately in every part of the +Town. + +As it was said in Court that the unhappy persons who fell a +Sacrifice to the Cruel Revenge of the Soldiers, had brot their +Death upon their own heads, I shall finish this paper in saying +what ought to be said in behalf of those who cannot now speak for +themselves. - Mr Maverick a young Gentleman of a good family & a +blameless Life, was at Supper in the House of one of his friends, +and went Out when the bells rang as for fire. .Mr Caldwell, young +Seaman & of a good Character, had been at School to perfect +himself in the Art of Navigation, and had just returnd to the +house of a reputable Person in this town to whose daughter he made +his visits with the honorable Intention of Marriage: He also went +out when the bells rang. W Gray was of a good family, he was at +his own house the whole of the Evening, saving his going into a +Neighbours house to borrow the News paper of the day & returning: +He went out on the ringing of the Bells; and altho a Child swore +in Court that he saw him with a Stick after the bells rang, yet +another Witness saw him before he got into Kingstreet without a +Stick, Others saw him in Kingstreet & testified that he had no +Stick, and when he was shot, the Witness then testified, as is +mentiond in a former paper, that he had no Stick & his Arms were +folded in his bosom; so that it is probable the young Witness +mistook the person. Mr Attucks, it is said was at his Lodgings & +at Supper when the bells rang; Witnesses indeed swore that they +afterwards saw him with a Club, & great pains were taken to make +it appear that he attackd the Soldiers, but the proof faild; even +Andrew, a Negro Witness whom I shall hereafter mention, testifies +that he thot Attucks was the Man who struck one of the Soldiers, +but could not account how he could get at such a Distance, as he +was when he fell, the Soldier firing so soon. Others swear that he +was leaning on his Stick when he fell, which certainly was not a +threatning posture. It may be supposd that he had as good Right to +carry a Stick, even a Bludgeon, as the Soldier who shot him had, +to be armd with Musquet & ball; & if he at any time lifted up his +Weapon of Defence, it was surely not more than a Soldiers leveling +his Gun at the Multitude chargd with Death - If he had killed a +Soldier, he might have been hangd for it, & as a traitor too, for +to attack a Soldier upon his post, was declared Treason; But the +Soldier shot Attucks & killed him, & he was convicted of Man +Slaughter! As to Mr Car, the other deceasd person, it is doubtful +with what Intent he came out. He was at Mr Fields house when the +Bells rang; Mr Field & another Witness who was at the House, +testify that Car went upstairs and got his Sword. + + +1 This article in the form as published is printed at pages 110- +122. +2 March 26. Boston Record Commissioners' Report, vol. xviii., p. +20. +3 0n July 10, the town meeting defeated a motion that the printers +be allowed to sell the printed narrative. ibid., p. 34. +4 The words "& Impartiality" were stricken out at this point. +5 see Narrative first Edit. Apendix page 68. +6 At this point the words "Men or" were stricken out. +7 Idem. +8 page 69. +9 page 22. +10 Page 61. +11 The remainder of this paragraph is crossed out in the draft. +Cf., page 108. +12 Narrative Appendix page 4. +13 id, pa. 4 - this alludes to the affrays at the ropewalk: The +Soldiers at Greens Barracks had made three Attacks upon the ropemakers +when they were at their Work, in revenge for one of them being told by +one of the hands in the Walk, that "if he wanted work he might +empty his Vault." Enough to enkindle the flame of resentment in the +Breast of a common Soldier, who of all men has the most delicate +Sentiments of honor! Two of the prisoners were of the party in these +noble Exploits, as was testified in Court. + + + +ARTICLE SIGNED "VINDEX." + +[Boston Gazette, December 31, 1770.] + +To the PRINTERS. + +IN my last, I consider'd the temper which the Soldiers in general, +had discover'd, and the threats they had utter'd, previous to the +5th 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 Committee appointed for that +purpose, and reported by their Chairman, James Bowdoin, Esq. The +Affidavits which are annexed to the Narrative, were each of them +taken before two Justices of the Peace, Quorum Unus, to perpetuate +the remembrance of the thing: Col. William Dalrymple, chief +Commander of the Soldiers, was duly notified by the Justices to +attend the Captions: And his Honor the lieutenant-governor, +certified under his hand with the Province Seal affixed, that full +faith and credit was, and ought to be given to the several Acts +and Attestations of the Justices, both in Court and out. - It will +be own'd by the impartial World, that nothing could be fairer: I +am not, however, at all surprized, to find, publish'd in a late +New-York Paper, a letter said to be written in this Town, in which +among other chit-chat, it is asserted, that from the borders of +Connecticut to Boston, there are people who "exclaim against the +Town for imposing on the Country by false Representations:" This +Narrative has been in a Manner adopted by the Province; for I am +assured, that in the last Session of the General Assembly, the +House of Representatives, generously granted to the Town a sum of +Money to defrey the Charge of a vessel, hired for no other Purpose +but to carry it to London; that his Majesty's Council concurr'd +with the House in the grant, and his Honor the lieutenant-governor +gave his Assent to it. - Arts have been used, and are still using, +to detach the rest of the Colonies from this Province; and the +same arts are every day practised, to divide the Towns in this +Province from the Capital. It is the Machiavellian Doctrine, +Divide et impera -Divide and Rule: But the people of this Province +and of this Continent are too wise, and they are lately become too +experienc'd, to be catch'd in such a snare. While their common +Rights are invaded, they will consider themselves, as embark'd in +the same bottom: And that Union which they have hitherto +maintain'd, against all the Efforts of their more powerful common +Enemies, will still cement, notwithstanding such trifling letter +writers as these. + +The candor of this Town was indeed such, that at their annual +Meeting in March, by a vote, they restrain'd their Committee from +publishing the Narrative here, altho' it was printed, lest it +might unduly prejudice those, whose Lot it might be, to be Jurors +to try these Causes: This Restraint, they continued at their +Meeting in May, and untill the Trials should be over.-A Caution, +which all good Men will applaud: As it discover'd a sense of +Justice; as well as the greatest Humanity towards those Men, who +had spilt the blood of Citizens, like Water upon the Ground! -A +temper far from vindictive - Calm and sedate, when it might have +been expected, if ever, they would be off their guard. And yet so +barbarous and cruel, so infamously mean and base were the Enemies +of this Town, who are the common Enemies of all America and of the +Truth itself, that they had it falsely inserted in the public +News-Papers in London, that the Inhabitants had seiz'd upon Capt. +Preston and hung him, like Porteus upon a sign-post! + +I shall now, in a few instances, endeavor to show, the temper +which many of the Soldiers discover'd after the fatal Catastrophe +was over. The Reader may have observed, that I am careful to +distinguish, between the Evidence given in Court, from that which +was given out of Court: Witnesses to this point, it is not to be +suppos'd, were admissible at the Trial; unless perhaps the one +immediately following: This is a creditable person who is Mistress +of a reputable family in the Town. She testified before the +Magistrates, and was ready to swear it in Court, if she had been +called, that on the Evening of the 5th of March, a number of +Soldiers were assembled at Green's Barracks, and opposite to her +Gate, which is near those Barracks; that they stood very still, +until the Guns were fired in King-Street; then they clapped their +hands and gave a Cheer, saying, this is all we want; they then ran +to their Barracks and came out again in a few minutes, all with +their arms, and ran towards King-Street.1 - These Barracks are +about a quarter of a Mile from King-Street: Their standing very +still untill they heard the firing, compared with their subsequent +Conduct, looks as if they expected it: It seems as tho' they knew +what the signal should be, and the part they were to act in +consequence of it. This, perhaps, may be tho't by some to be too +straining: I will not urge it; but leave it to any one to judge, +how far, if at all, it affords grounds of Suspicion, that there +was an understanding, between the Soldiers in King-Street at the +time of the firing, and these; especially if it be true, as has +been said, that they fired without the command of their officer.- +There was also a Witness, an householder of good reputation, whose +testimony was similar to this: That the Soldiers from Green's +Barracks, on that Evening, rushed by him, with their arms, & ran +towards King-Street, saying, this is our time or chance; that he +never saw Dogs so greedy for their Prey, and the Serjeants could +hardly keep them in their Ranks 2 - Another swore, that after +the firing, he saw the Soldiers drawn up under Arms, and heard the +officers, as they walked backwards and forwards say to one another, +Damn it, what a fine fire that was! How bravely it dispers'd the Mob3 +- A gentleman belonging to Halifax in Nova Scotia testified that when +the body of Troops was drawn up before the guardhouse (which was +presently after the Massacre) he heard an Officer say to another, +that this was fine work, just what he wanted!4 - I shall add but +one more to this list, and that is, the testimony of a Witness, +well known in this Town for an honest man; who declared that at +about one o'Clock the next morning, as he was going alone from his +own House to the Town-House, he met a Serjeant of the 29th with +eight or nine Soldiers, all with very large Clubs and Cutlasses, +when one of them, speaking of the Slaughter, swore by God, it was +a fine thing, and said, you shall see more of it.5 - To these I +cannot help subjoining, the testimony of Mr. John Cox, a very +reputable Inhabitant of this Town ; who swore in Court at one of +the late trials, that after the firing, he went to take up the +dead; that he told the Soldiers, it was a cowardly trick in them +to kill men within reach of their Bayonets, with nothing in their +hands; and that the officer said, damn them, fire again, and let +them take the consequence - to which he replied, you have killed +enough already to hang you all: But it has since appeared that he +was mistaken. - There are others, who saw, a very large party from +the Southguard, after the firing, take their post under Liberty- +Tree; by which one would think they intended to act the same part +which the Soldiers in New-York had before done, as indeed some of +them had threatened they would, and which would probably have bro't on +a new scene of confusion. But the commanding officer, very prudently +ordered the regiment to be under arms, which prevented it. + +If these testimonies would not have been pertinent to the issue of +the late trial, I think it necessary to adduce them here, to +convince the world of the wretched state this Town had been in; +the reason they had to apprehend, while such blood-thirsty inmates +were quarter'd among them ; and the necessity they were tinder, +constantly to be on their guard, while there were even such +exultations at the barbarous "action" of the Evening. + +Much was bro't into Court, to show that the Town was in a state of +disorder on that Evening, and previous to the Affray at Murray's +Barracks; Witnesses were admitted to testify, that they had been +met by one and another arm'd with Clubs; but nothing appeared +there, to show the Cause and even the necessity of it: Thus, one +of the prisoners witnesses testified in Court, that at seven +o'clock, going to the South-End of the Town, he met forty or fifty +in small parties, four or five in a party; and divers others swore +to the same purpose: They did not indeed say, whether they knew +them to be Inhabitants; it is as probable, that they were +Soldiers, as inhabitants, if not more so; for it was sworn before +the Magistrates, by a person of credit, that on the Saturday +before, he saw the Soldiers making Clubs.6 Another was ready to +testify in Court, that thirty of these Clubs or Bludgeons, were made +by the Soldiers, in his own Shop. And in the part of the Town where +the before-mentioned witness was going, a gentleman was early in the +Evening attacked by two Soldiers, one of them arm'd with a Club, and +the other with a broad Sword; the latter struck him, and threatned +that he should soon hear more of it.7 It was notorious, that the +Soldiers were frequently seen on that Evening, arm'd with Clubs, as +well as other Weapons; and the night before, very late, it can be +prov'd that forty or fifty of them were seen, thus arm'd, in several +parts of the Town in terror of his Majesty's subjects: But in the +judgment of some men, every party that was seen with Clubs, or in +the modern term, bludgeons, to be sure, must have been +inhabitants. It had been testified, that on the Saturday before +the fifth of March, the Soldiers, had not only been seen making +their Clubs, as is before mentioned, but from what the witness +could collect from their conversation, they were resolved to be +reveng'd on the Monday.8 If they were in such danger, as some will +pretend they were, pray, why were they not kept in their Barracks, +especially after eight o'clock, according to their own rules? +Instead of this, we find the testimony of a person, who was not an +inhabitant of the Town: that being at the South-End on that Evening, +exactly at Eight o'Clock, he saw there Eleven Soldiers; an officer +met them, and order'd them to appear at their respective places at +the time; and if they should see any of the inhabitants of the Town, +or any other people not belonging to them, with Arms, Clubs or any +other warlike Weapon, more than two being assembled together, to +order them to stop: and if they refused, to stop them with their +firelocks, and all that should take their part - The officer went +Northward and the Soldiers Southward9 - Here were orders discretely +given indeed! And well becoming a gentleman, in any command over +troops, sent here, as the Minister pretended, to aid the civil +Magistrate in keeping the peace; and with directions never to act +without one. Will any one suppose, that the Town could be safe, even +from this band of Soldiers only; especially while under such +direction and influence. This is a single instance -No wonder that +when the bells soon after rang as for fire, & the people in that +same part of the Town, came into the Street with their Buckets, +they were told by some, as a gentleman who was a witness in Court +for the prisoners said they were, that they had better bring their +Clubs than their Buckets - Such appearances were enough to put the +Town in Motion - It is a glaring mistake to say, the Soldiers were +in danger from the inhabitants: The reverse is true; the inhabitants +were in danger from the Soldiers. - With all the indulgence which +was shown, and perhaps ought to have been shown to prisoners at +the bar, upon trial for life, not a single instance was prov'd, of +abuse offer'd to Soldiers that Evening, previous to the insolent +behavior of those who rush'd out of Murray's Barracks, with +Cutlasses, Clubs and other Weapons, and fell upon all whom they +met: On the contrary, there had been many instances of their +insulting and even assaulting the Inhabitants in every part of +the Town; and that without Discrimination ; which did not look, as +if they design'd to seek revenge, for any former Quarrel, upon +particular persons. + +As it was said, in Court that the unhappy Persons who fell a +sacrifice to the cruel revenge of the Soldiers, had brought their +death upon their own heads, I must not omit saying, what I think +ought to be said, in behalf of those who cannot now speak for +themselves - Mr. Maverick, a young gentleman of a good family and +a blameless life, was at supper in the house of one of his +friends, and went out when the Bells rang as for fire. Mr. +Caldwell, a young seaman and of a good character, had been at +School to perfect himself in the art of Navigation; and had just +return'd to the house of a reputable person in this town, to whose +daughter he made his visits, with the honorable intention of +Marriage: He also went out when the bells rang. Mr. Gray was of a +good family; he was at his own house the whole of the Evening, +saving his going to a neighbour's house to borrow the News-Paper +of the day and returning; He went out on the ringing of the bells; +and altho' a child swore in Court, that he saw him with a stick, +after the bells rang, yet another witness saw him before he got +into King-Street without a stick; others saw him in King-Street +and testified that he had no stick; and when he was shot, the +Witness at whose feet he fell, declared, as is mentioned in a +former Paper, that he had no stick, and his arms were folded in +his bosom; so that it is probable, the young Witness mistook the +person. Mr. Attucks, it is said, was at supper when the bells +rang; he went out as others did, to enquire where the fire was; in +passing thro' Dock-Square, he saw the affray at Murray's Barracks; +and hearing a man say that if any one would join, he would drive +the Soldiers into the Barracks, he join'd; & they two were +principally concerned in doing that piece of service. Great pains +were taken to make it appear that he attacked the Soldiers in +King-Street, but the proof fail'd: He was leaning upon his stick +when he fell, which certainly was not a threatning posture: It may +be supposed that he had as good right, by the law of the land, to +carry a stick for his own and his neighbor's defence, in a time of +such danger, as the Soldier who shot him had, to be arm'd with +musquet and ball, for the defence of himself and his friend the +Centinel: And if he at any time, lifted up his weapon of defence, +it was surely, not more than a Soldiers levelling his gun charg'd +with death at the multitude: If he had killed a Soldier, he might +have been hanged for it, and as a traitor too; for even to attack +a Soldier on his post, was pronounc'd treason: The Soldier shot +Attucks, who was at a distance from him, and killed him,. - and he +was convicted of Manslaughter. - As to Mr. Carr, the other +deceas'd person, it is doubtful with what intent he came out: He +was at the house of one Mr. Field, when the bells rang; Mrs. +Field, and another witness who was at the house, declared that +Carr went up Stairs, and got his Sword, which he put between his +Coat and his Surtout, and it was with difficulty that they +prevail'd upon him to lay by his Sword: They could not persuade +him to keep in: It does not appear that he took any part in the +contest of the Evening: He was soon shot: and tho' dead, he +afterwards spoke in Court, by the mouth of another, in favour of +the prisoners; declaring among other things already mentioned, +that he was a native of Ireland, and had often seen mobs and +Soldiers fire upon them there, but never saw them bear half so +much before they fired as these did. + +The conduct of the Soldiers and of the people in King-Street, +shall be the Subject of a future Paper. In the mean time, I must +desire Philanthrop, who appear'd in the last Evening Post, if he +pleases, to read again what I observ'd upon the case of Killroi in +particular, in this Gazette of the 17th Inst;1 and to consider, +whether he did me justice in saying, that I had publish'd "the +only piece of Evidence produc'd against Killroi and argued upon +that alone:" I then publish'd several material pieces of Evidence +against him; and upon the whole concluded, that what was called +the furor brevis was, in my opinion, of rather too long - a +continuance, to come within the indulgence of the law. I then +tho't, and I believe I am far from being singular in thinking it; +that for a man repeatedly to say, that he had wanted an +opportunity of firing upon the inhabitants ever since he had been +in the Country and that he would never miss an opportunity of +doing it; and afterwards, when forewarn'd against it, to fire upon +the inhabitants, kill one man upon the spot, and then +unrelentingly attempt to stab another, who had not offer'd him any +injury, all which was sworn in open Court: If such a man is not, +hostis humanis generis, he discover'd at least, a total want of +remorse at the shedding of human blood, as well as rancorous +malice from the beginning. Philanthrop further says, that "there +was no evidence given in Court" of the wound in Mr. Gray's head; +and "that it is, in the highest degree unjust, to blame the Court +and jury for not regarding evidence which they never heard": If he +will candidly recur to the aforementioned Paper he will find, that +I expressly said, that the witness being out of the Province, the +evidence of so savage an act of barbarity could not be produc'd in +Court; nor did I take it upon me to "blame the Court and Jury for +not regarding it " - "I do not charge Philanthrop with a design" +to amuse his readers in this, or any other instance; but if he +intends to continue the subject, I would advise him to be more +cautious lest he misleads them for the future. Again he says "the +impossibility of the bayonets being bloody the next morning, is +demonstrable from this, that every gun and bayonet of the party +was scowered clean that very night"; but to borrow his own words +"it is certain no such evidence was given in Court": If this could +have been proved, I dare say it would have been done without fail. +Philanthrop may suppose it to be true, from its being, as he says, +"the constant practice of the army after firing"; but such a vague +supposition will not invalidate the oaths of creditable witnesses +in open Court, who swore that Killroi's bayonet was bloody, five +inches from the point. + +To vilify and abuse "the most amiable and respectable characters," +I detest from the bottom of my heart: At the same time, I leave it +to Philanthrop, or any one who pleases, to write Panegyricks, on +the living or the dead. + +VINDEX. +Dec. 25th. + + + +1 Narrative Appendix p. 68 +2 Idem p. 68 +3 Idem 69. +4 Idem. 22. +5 Idem.61 +6 Idem.4. +7 Idem. 12. +8 Idem. p. 4, This alludes to the affray at the Ropewalks: The +Soldiers at Green's Barracks had made three attacks upon the +Ropemakers, while they were at work, in revenge, for one of them +being told by a hand in the Walk that "if he wanted work he might +empty his Vault": Enough, to enkindle the flame of resentment, in +the breast of a common Soldier, who of all men has the most delicate +sentiments of Honor. Two of the Prisoners were of the party in these +noble Exploits, as was testified in Court. +9 Idem. P. 48. + + + +ARTICLE SIGNED "VINDEX." + +[Boston Gazette, December 31, 1770.] + +Messieurs PRINTERS. + +I Desire you would correct the following mistake I made in your +last paper. I said "there were two only of the witnesses in the +late trial that made mention of the tall Gentleman in a red cloak +and white wig, viz. Mr. Hunter and Mr. Selkrig": In looking over +my minutes, I find there was another, viz. Mr. Archibald Bowman, +who also made mention of him. Mr. Bowman testified, that they (the +people in dock-square) "stood thick round him some time, and after +cried huzza for the main guard"; in which he agreed with Mr. +Hunter: But he declared, that he did not remember their striking +their sticks at Simpson's Store, & saying, they would do for the +Soldiers, tho' Mr. Selkrig, who was with him at the same time, +declared, that those words were spoken by numbers at Simpson's +Store. Mr. Selkrig mention'd nothing of their saying huzza, &c. +From all which we may conclude, that these cries were not general; +especially, as other witnesses declared that the people also cried, +home, home. Mr. David Mitchelson testified, that "they cried, they +would go to the main guard, and that the effect soon followed": But +they went not to the main guard, nor was the main guard attack'd thro' +the whole evening. He further said, the bells were ringing. - The +truth is, the generality of the people of the town thought there was +a fire; but not knowing where, they naturally, in passing thro' the +main streets, from the north and south parts of the town, stopped in +dock square, which is in the center: There, they found there was +not fire; but that the soldiers at Murray's barracks, had, if I +may use the expression, broke loose. Mr. Selkrig said, that the +[people] "made unsuccessful attacks upon the barracks"; but +immediately adds, "that he saw nothing" (of the attacks, I suppose; +for it was impossible he should see them, there being a stone +building between the house in which he was, and the barracks) but +that "they went up the alley and came back suddenly"; which +corresponds with what another of the prisoners witnesses said, +who was on the other side of the stone building, and therefore +could see; viz, that the soldiers several times presented their +guns at the people: Mr. Selkrig must be candidly suppos'd to intend, +that he judg'd the people to have made attacks upon the barracks, +and unsuccessfully, from seeing them retreat only: But his conclusion +might not be well grounded: It is as natural to conclude that these +sudden retreats were occasioned by the soldiers attacking the people, +as they had before done; and their levelling their guns and threatning +to make a lane thro' them, as was sworn in open court. Mr. Dickson, +who was with Mr. Selkrig, and the other Scotch gentleman at Mr. +Hunter's house, declared, that "a party came running down the alley, +as if they had met with opposition there"; which confirms what Mr. +Selkrig had said of their sudden retreats, and strengthens the +supposition I have now made. + +But the writer in Mr. Draper's paper of the 20th Instant, has not +yet fulfilled his promise to "ascertain the person" in a red +cloak: I am sollicitous that the publick should know the very man; +and the rather, because it has been impudently insinuated, that he +was a gentleman in office in this town. + +VINDEX. +Dec. 27. + + + +ARTICLE SIGNED “VINDEX." + +[Boston Gazette, January 7, 1771] + +To the PRINTERS. + +I Have taken occasion to mention the unhappy persons, who lost +their lives on the fatal fifth of March And I think it must appear +to every candid reader, that they were totally unconnected with +each other; and that it cannot be even suspected, that either, or +to be sure, more than one of them had any ill intention in coming +abroad on that evening; much less, that they were combin'd +together to do any sort of mischief: Nay, it is even to be +doubted, whether they ever had any knowledge of each other. I will +further observe, that there was not the shadow of evidence to +prove, that any other persons, excepting the Soldiers, had form'd a +design to commit disorders at that or any other time: Unless credit +is to be given in a court of law, to the hearsay of an hearsay; the +story which one man told another at sea, and months after the facts +were committed: Evidence which was in vain objected to by the council +for the crown; but to the honor of one of the prisoners council was +by him interrupted and stopped. This worthy gentleman declared in +open court that it was not legal, and that it ought not to have the +least weight in the minds of the jurors; upon which it was ruled, +that the witness should proceed no further, and he was dismiss'd. + +I come now to consider the tragical scene, as it was acted in +King-street; in doing which, I shall confine myself chiefly, to +the evidence as it was given in court: If I vary from the truth, +let Philanthrop, or any one else correct me; it is far from my +design: And I am willing to appeal for facts, to the book which +Philanthrop has told us of; provided always, that the facts are +there stated with impartiality and truth: This I think it +necessary to premise, because I find it advertiz'd, that the book +is to be publish'd, not by the direction, but with the permission +of the court: A distinction, which appears to me to be of some +importance. + +It may be necessary, first to enquire into the situation the +centinel was in, for whose relief the party was said to have +afterwards gone down. By the testimony given in court, by Col. +Marshall, who had spent the evening at a friend's house in dock- +square, it appears that at nine o'clock all was quiet there; and +passing thro' Royal - exchange lane into King street, where the +centry was, he found all as peaceable there; "the street never +clearer," was his expression. It is probable that very soon after +this, the difference arose between the centry and the barber's +boy; for Col. Marshall testified, that some time after, he heard a +distant cry of murder; and it is without doubt the centry struck +the boy, with his gun, - It was then that Colonel Marshall saw a +party turn out from the main-guard, and soon after another party +rush'd thro' Quaker-lane, all arm'd - It is probable, that these +were the Soldiers who, as they ran into Cornhill, abus'd the +people there, as I have before mention'd: Upon the appearance of +these parties, it is said, that the barber's boy, and his fellow- +apprentice, ran either into his Master's or a neighbor's shop. - +Mr. William Parker, one of the prisoner's witnesses declared, that +when he came into King street, which was after the affray began at +Murray's barracks, all was quiet and peaceable: But presently the +barber's boy, with two or three more, came to the centry - they +push'd one another against him (in resentment it is to be suppos'd +for) they said, he had knock'd the boy down - In the trial of +Capt. Preston, the boy himself swore in Court, that the centry had +struck him with his bayonet. Mr. Parker adds, that presently a +number, about fifteen, came thro' Silsby's lane, which leads from +Murray's barracks, with sticks like pieces of pine in their hands +- The most of them small boys, 1 or 2 of them large lubbers, as he +called them - they said, let us go to the main-guard; by which it +does not appear that they interested themselves in the dispute +with the centry, nor does it appear that they molested the main- +guard, if they went up to it - Soon after, five or six more came +up Royal exchange lane, which also leads from Murray's barracks, +with sticks like the others; but neither did the witness say, that +these interfered with the centry - Mr. Parker further said, that +he went up by Mr. Jackson's corner, and met twenty or thirty more +coming out of Cornhill, a good many men among them, some with +sticks and some with walking canes - These opened the matter to +him; and told him there had been a squabble at Murray's barracks, +but that the Soldiers were driven in, and all was over. - These +different parties met in a cluster, at and near Quaker lane, and +not long after seem'd to disperse; and he soon went off himself, +not leaving above twelve or fifteen in the street: And, just as he +got home, which might not be more than ten minutes, he heard the +bells ring, and the guns discharg'd - No one I believe will +dispute the veracity, either of Col. Marshall or Mr. Parker +Mr Edward Payne, a merchant of note in this town, was also +summoned as a witness for the prisoners, and his testimony will +undoubtedly be rely'd upon, by all who know him or his character. +Mr. Payne came out after Mr. Parker left the street; for he +declared in Court, that at 20 minutes after nine, when the bells +rang, he went out into the street, and was told, as Mr. Parker had +been, that the soldiers had sallied out of their barracks, and had +cut & wounded a number, but were driven in again - He declared +that the centinel was walking by himself, and no body near him - +so that the barber's boy and his three or four comrades, were at +that time gone off - He heard a considerable noise in Cornhill, +and a noise of people coming up Silsby's alley - they were +inhabitants: Fourteen or fifteen, perhaps twenty, passed by him, +some with sticks, others without; as many of the latter as the +former - They cried where are they? It is necessary to connect the +circumstances, as the facts are related: Here therefore I will +remind the reader, that besides the Soldiers that came out of +Murray's barracks, and who now may be suppos'd to have been driven +in, there was also a party that had issued from the main guard, +and another party of Soldiers who came thro' Quaker-lane, all +arm'd with naked cutlasses, &c. who went into Cornhill not long +before, and there insulted every person they met: These were the +men whom the persons mentioned by Mr. Payne, in all probability +refer'd to, when they cried, where are they. - Certainly no +persons could be tho't blame-worthy, for pursuing a banditti, who +had already put a number of peaceable people in great terror of +their lives, with a design to prevent their doing further mischief: +There is no foundation to suppose, that they had any other design: +Yet these are the persons, who, as some would have it, were the +faulty cause of the slaughter, that afterwards ensued: It was +indeed unfortunate that they happened to take that rout; for Mr. +Payne added, that a lad came up and said, that the centry had +knock'd down a boy, upon which the people turn'd about, and went +directly to the centry: By which, one would think, that they had +no design to attack the centry before: and that they would not +even have spoken to him, had they not been told that he had +injured the boy: Till then, the centry had not been the object of +their attention; and I must insist upon it, that they had then as +good right by the law, to resent the injury done to the boy, as +the party from the main-guard had afterwards, to resent the injury +done, if there was any, to the centry - The prudence in either +case I will not undertake to vindicate - Mr. Payne further said, +he was afraid of what might happen from the peoples surrounding +the centry, and wished they might be taken off - He returned to +his own door, which is nearly on the opposite side of the street, +and there heard the people cry to the centry, fire, damn you, why +don't you fire. - I have just observ'd, that Mr. Payne expressed +his concern at the peoples surrounding the centry: Mr. Henry Knox, +another witness for the prisoners, a young gentleman of a very +good reputation, was probably near the centry while Mr. Payne was +at his own door - He testified in court, that the people were +round the centry, and they said he was going to fire - That he was +waving his gun- That he (Mr. Knox) told him, if he fired he must +die - That in return he damn'd them, and said, that if they +molested him, he would fire - That the boys were damning him and +daring him to fire - That he heard one say he would go and +knock him down for sweeping (his gun) - that he thought the centry +snapped - He added that he saw nothing thrown at the centry, +altho' he was near him till after the party came down and Mr. +Payne finished his testimony with saying, that he perceived +nothing but the talk that led him to think the Soldiers would fire. + +Mr. Leigh, and Mr. Frost, both witnesses for the prisoners, +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. + +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. + + +1 Of Dublin. Cf. Dictionary of National Biography, vol. xxxiv., p. +231. The committee which reported this letter was appointed March 12, +and consisted of James Bowdoin, Joseph Warren, Samuel Pemberton, +Richard Dana and Adams. Boston Record Commissioners' Report, vol. +xviii., p. 46. +Franklin wrote to Bowdoin, January 13, 1772: "In Ireland, among the +Patriots, I dined with Dr. Lucas." J. Bigelow, Complete Works of +Benjamin Franklin, vol. iv., p. 439. + + + +TO ARTHUR LEE. + +[Ms., Samuel Adams Papers, Lenox Library.] + +BOSTON April 19 1771. + +SIR + +Your Letter of the 31 Decr which I receivd by Cap Scott a few days +past affords me great Satisfaction; especially as it promises a +Correspondence which I dare say will be carried on with an Openness & +Sincerity becoming those who are anxiously concernd for the publick +Liberty at so alarming a Crisis.1 Perhaps there never was a time when +the political Affairs of America were in a more dangerous State; Such +is the Indolence of Men in general, or their Inattention to the real +Importance of things, that a steady & animated perseverance in the +rugged path of Virtue at the hazard of trifles is hardly to be +expected. The Generality are necessarily engagd in Application to +private Business for the Support of their own families and when at a +lucky Season the publick are awakened to a Sense of Danger, & a manly +resentment is enkindled, it is difficult, for so many separate +Communities as there are in all the Colonies, to agree in one +consistent plan of Opposition while those who are the appointed +Instruments of Oppression, have all the Means put into their hands, of +applying to the passions of Men & availing themselves of the +Necessities of some, the Vanity of others & the timidity of all. + +I have long thought that a Design has been on foot to render +ineffectual the Democratical part of this Government, even before the +province was cursd with the Appointment of Bernard, and so unguarded +have the people been in former times, so careless in the Choice of +their representatives as to send too many who either through Ignorance +or Wickedness have favord that Design. Of late the lower house of +Assembly have been more sensible of this Danger & supported in some +Measure their own Weight, which has alarmd the Conspirators and been +in my opinion the true Source of Bernards Complaint against them as +having set up a faction against the Kings Authority. The 4 Judges of +the Supreme Court, the Secretary & the Kings Attourny who had been +Councellors were left out at the annual Election in 1766; this gave +great offence to the Govr, and was followd with two Speeches to both +Houses perhaps as infamous & irritating as ever came from a Stuart to +the English parliamt.2 Happy indeed it was for the Province that such +a Man was at the Head of it, for it occasiond such a Jealousy & +Watchfulness in the people as prevented their immediate & total Ruin. + +The plan however is still carried on tho in a Manner some what +different; and that is by making the Governor altogether independent +of the People for his Support; this is depriving the House of +Representatives of the only Check they have upon him & must +consequently render them the Objects of the Contempt of a Corrupt +Administration. Thus the peoples Money being first taken from them +without their Consent, is appropriated for the Maintenance of a +Governor at the Discretion of one in the Kingdom of Great Britain upon +whom he absolutely depends for his Support. If this be not a Tyranny I +am at a Loss to conceive what a Tyranny is. The House of +Representatives did a few days since, grant the Govr the usual Sum for +his Support and it is expected that this Matter will be made certain +upon his refusal of it. The Govr of New York was explicit at the late +Session of their Assembly, upon the like Occasion: But I confess I +should not be surprisd if our good Govr, should accept the Grant & +discount it out of what he is to receive out of the Kings Chest; +thinking it will be conceivd by the Minister as highly meritorious in +him, in thus artfully concealing his Independency (for the +Apprehension of it is alarming to the people) & saving 1000 Pounds +sterling of the revenue at the same time. + +While the Representative Body of the people is thus renderd a mere +Name, it is . . . considerd that the other Branch of the Legislative +tho annually elective, is at the same time subject to the Governors +Negative: A Consideration which I doubt not has its full Weight in the +minds of some of them at least, whenever any Matter comes before them +which they can possibly think will affect the Measures of +Administration. You will easily conjecture how far this may tend to +annihilate that Branch or produce Effects more fatal. + +It seems then that we are in effect to be under the absolute Governm' +of one Man - ostensively the Governor of the province but in Reality +some other person residing in Great Britain, whose Instructions the +Govr must punctually observe upon pain of forfeiting his place. So +that any little advantage that might now & then arise from his +happening to form Connections with wise Men in the province are +totally lost. As Matters are now circumstancd he must associate with +Pensioners, Commissioners of the Customs Officers of the Army & Navy, +Tools Sycophants &c who together with him are to make such +representations as to them shall seem meet, & joyntly if Occasion +shall require it, execute such Orders as they shall from time to time +receive. Such is to be the happy Government of free British Subjects +in America. I will however do Govr Hutchinson the Justice to say that +tho he may 3 . . yet he has a very natural Connection with some of the +principal Gentlemen Inhabitants of the province for his Excellencys +own Brother is a Justice of the Superior Court, & also a Judge of the +probate of Wills & he has also a Brother by marriage upon the same +superior Bench. Moreover the Lt Govr is his Brother by marriage who +has an own Brother & a Brother by marriage who are justices of the +Superior Court. As these Gentlemen are Natives of the province it is +hoped the Channells of Justice will remain unpolluted notwithstanding +his Excellencys other Connections. + + +1 On January 10, 1771, Lee wrote to Adams: Our friend Mr. Sayre has +done me the favour of communicating to me your very obliging +invitation to a correspondence."-R. H. Lee, Life of Arthur Lee, vol. +i., p. 249. +2 See Vol. I., pages 79, 83. +3 At this point the words "mar a State of Absolute Independency in +both Houses of Assembly" are erased in the draft. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR. + +[MS., Samuel Adams Papers, Lenox Library; a text, with modifications, +is in Massachusetts State Papers, pp. 296, 297; a text is also in +Journal of the House of Representatives, 1770-1771, pp. 241, 242.] + +In the House of Representatives April 24 1771 + +Orderd that Mr Hancock Mr Adams Mr Ingersol of Great Barrington Capt +Brown & Capt Darby be a Committee to wait on his Excellency the +Governor with the following Answer to his Speech to both Houses at the +Opening of this Session. + +May it please your Excellency. + +The House of Representatives have given all due Attention to your +Speech to both Houses at the Opening of this Session. + +The violent proceedings of the Spanish Governor of Buenos Ayres in +dispossessing his Majestys Subjects of their Settlement at Port +Egmont, has raisd the Indignation of all, who have a just Concern for +the Honor of the British Crown. Such an Act of Hostility, we conceive +could not but be followd with the most spirited Resolution on the part +of the British Administration, to obtain a Satisfaction fully adequate +to the Insult offerd to his Majesty, & the Injuries his Subjects there +have sustaind. Your Excellency tells us that it is probable +Satisfaction may have been made; for this Hostile act of the +Spaniards: If it is so, the publick Tranquility of his Majestys +Dominions so far as it has been disturbd, by this unwarrantable +Proceeding, is again restored; and therefore it seems to us reasonable +to suppose, that the proposd Plan of Augmentation of Troops on the +British Establishment is already receded from ; which renders any +Consideration upon that Subject on our part unnecessary. + +We owe our Gratitude to his Majesty for his repeated Assurances +expressd to your Excellency by his Secretary of State, that the +Security of his Dominions in America, will be a principal Object of +his most gracious Care & Attention. This Province has frequently in +times past expended much Blood & Treasure for the Enlargement as well +as the Support of those Dominions: And when our natural & +constitutional Rights & Liberties, without which no Blessing can be +secure to us, shall be fully restord & establishd upon a firm +Foundation, as we shall then have the same Reasons and Motives +therefor as heretofore, we shall not fail to continue those Exertions +with the utmost Chearfulness & to the Extent of our Ability. + +As your Excellency has no particular interior Business of the Province +to lay before us, it would have given us no uneasiness, if an End had +been put to the present Assembly, rather than to have been again +called to this Place: And we are unwilling to admit the Beliefe, that +when the Season for calling a new Assembly agreable to the Charter +shall arrive, your Excellency will continue an Indignity, & a +Grievance so flagrant & so repeatedly remonstrated by both Houses as +the Deforcement of the General Assembly of its ancient & Rightful +Seat.1 + +Your Excellency is pleasd to acquaint us in Form, that you have +receivd his Majestys Commission appointing you Captain General & +Commander in Chiefe in and over the Province. Your having had your +Birth & Education in this Province, and sustaind the highest Honors +which your Fellow Subjects could bestow, cannot fail to be the +strongest Motives with your Excellency to employ those Powers which +you are now vested with, for his Majestys real Service & the best +Interest of this People. The Duties of the Governor & Governed are +reciprocal: And by our happy Constitution their Dependence is mutual: +Nothing can more effectually produce & establish that Order and +Tranquility in the Province so often disturbd under the late +unfortunate Administration: Nothing will tend more to conciliate the +Affections of this People, & ensure to your Excellency those Aids +which you will constantly stand in Need of from their Representatives, +than, as a wise and faithful Administrator to make Use of the publick +Power, with a View only to the publick Welfare: And while your Excy +shall religiously regard the Constitution of this Province; while you +shall maintain its fundamental Laws, so necessary to secure the +publick Tranquility, you may be assured, that his Majestys faithful +Commons of this Province, will never be wanting in their utmost +Exertions to support you in all such measures, as shall be calculated +for the publick Good, & to render your Administration prosperous & +happy. + + +1 On April 3 the House had appointed a committee, and on April 4 two +committees, in connection with the requests to the Governor to remove +the General Court to Boston. Adams was a member of each of these +committees. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR.1 + +[MS., Samuel Adams Papers, Lenox Library; a text, with modifications, +is in Massachusetts State Papers, p. 298; a text is also in Journal of +the House of Representatives, 1770-1771, p. 246.] + +In the House of Representatives April 25 1771 + +Orderd that Mr Saml Adams Brig Ruggles Mr Hersy Coll Bowers & Mr +Godfrey be a Committee to wait on his Excellency with the following +message. + +May it please your Excellency. + +The House of Representatives after Enquiry of the Secretary cannot be +made certain whether you have yet given your Assent to two Bills which +were laid before your Excellency early in this Session: The one for +granting the Sum of five hundred and Six pounds for your Services when +Lieutenant Governor and Commander in Chiefe; and the other for +granting the usual Sum of Thirteen hundred Pounds to enable your +Excellency, as Governor, to carry on the Affairs of this Province. + +And as your Excellency was not pleasd to give your Assent to another +Bill passd in the last Session of this Assembly, for granting the Sum +of three hundred & twenty five pounds for your Services, when in the +Chair, as Lieutenant Governor, the House are apprehensive that you are +under some Restraint; and they cannot account for it upon any other +Principle, but your having Provision for your Support, in some new and +unprecedented manner. If the Apprehensions of the House are not +groundless, they are sollicitous to be made certain of it, before an +End is put to the present Session;2 and think it their Duty to pray +your Excellency to inform them, whether any provision is made for your +Support, as Governor of this Province, independent of his Majestys +Commons in it. + + +1 On April 24, Adams moved that the House send a message to the +Governor asking whether provision had been made for his support +independently of the legislature. The motion was carried, and Adams +was named as the first member of the committee to prepare such a +message. On April 25, he was named as the first of a committee to +present the message to the Governor. +2 The General Court was dissolved on April 26. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, June 10, 1771.] + +Messieurs EDES & GILL, + +BENEVOLUS, in Mr. Draper's Gazette seems to have no doubts in his +mind, but that "a general air of satisfaction arising from the +accounts given in the last Monday's papers of the present state of our +publick affairs will shew itself universally thro' the province." I +have no inclination to disturb the sweet repose of this placid +gentleman; but I must confess I see no cause for such a general air of +satisfaction from those accounts, and I will venture to add, that +there is no appearance of it in this town - Does Benevolus think it +possible for the good people of this province to be satisfied, when +they are told by the Governor, as appears by the last Monday's papers, +that he is restrained from holding the court in its antient, usual and +most convenient place without his Majesty's express leave? Does not +the charter say that the Governor shall have the power of acting in +this matter "as he shall judge necessary"? + +Is it not of great importance to the welfare of the province that the +Governor should be vested with such a power, and that he should +exercise it without restraint? While he is, or thinks himself +fetter'd, by an absolute instruction to hold the assembly out of the +town of Boston, to the inconvenience of the members. and the injury of +the people, as the present House of Representatives express it, can he +be said to have the free exercise of all the powers vested in him by +the charter, which is our social compact? Will it yield such a general +satisfaction to the people as Benevolus expects, to see their Governor +thus embarrass'd in his administration, and to hear him expressly +declaring, that he must ask leave, and be determin'd by the judgment +of another in the matter in which it is his indispensible duty to act +with freedom, and by the determination of his own judgment. - Is not +this power devolv'd upon him by the constitution of the province for +the good of the people? Is it not a beneficiary grant, and therefore a +right of the people? And if instructions may controul him in the +exercise of one charter right, may they not controul in the exercise +of any or every one? And yet Benevolus would fain have it thought that +there is a general satisfaction in the town of Boston arising from +this account, and doubts not but it will run thro' the province. Does +not the present House of Representatives in their Remonstrance to the +Governor against the holding the assembly at Cambridge, instead of +"departing from the principles" as Benevolus would insinuate, adopt +the remonstrances of the two houses of the last year as founded upon +just principles? Do they not tell his Excellency that the holding the +assembly at Cambridge "was consider'd as a GRIEVANCE by the people in +general in the province; and that while it is continued it will have a +tendency to prevent a restoration of that harmony, between the several +branches of the general assembly, which is so earnestly to be desired +by all good men"? And is it so pleasant a story to be told to the +people of the province, that the Governor either cannot, or will not, +remove a Grievance of so fatal a tendency, though expressly vested by +the charter with the power of doing it if he pleases, without asking +leave to do it? How then can Benevolus possibly entertain the least +hopes that a general air of satisfaction will run thro' the province? +Is not this Instruction a novelty? Was ever a Governor before thus +restrain'd? And is it not a mortifying circumstance that a gentleman +from whom the clergy of the province, (I mean the goodly number of +SEVENTEEN out of near four hundred in the province, full seven eighths +of whom never heard that an address was intended) have express'd the +most sanguine expectations as being born and educated among us, and +who we are told accepted the government with great reluctance, should +submit to be shackled with an instruction so grievous to the people +while it is obey'd: And if HE is as resolv'd as any other Governor +would be, to make Instructions the rule of his governing, and give +them the force of laws in this province, as he certainly appears to +be, what "distinguishing mark of favor" is it, or what satisfaction +can it afford the people in general, that "a native of the province is +appointed to preside over it"? - Surely Benevolus must either be +totally inadvertent to the accounts of the state of our publick +affairs as given to us in the last Mondays papers, or he must have +altogether confided in the accounts of a confused writer in the +Evening-Post, who in the old stile of the hackney'd writers in +Bernard's administration, tells us that FACTION is now at an end; and +with an awkward air of gravity insinuates, that the people, after +having nobly struggled for their freedom, are, under the benign +influence of the present administration, "returning to their right +senses ". A firm and manly opposition to the attempts that have +been made, and are still making, to enslave and ruin this continent, +has always been branded by writers of this stamp, with the name of a +FACTION. Governor Bernard used to tell his Lordship, that it was an +"expiring faction"; with as little reason it is now said to have given +up the ghost: Gladly would some, even of the Clergy, persuade this +people to be at ease; and for the sake of peace under the +administration of "a son of the province", to acquiesce in +unconstitutional revenue acts, arbitrary ministerial mandates, and +absolute despotic independent governors, &c. &c. But the time is not +yet come; and I am satisfied that, notwithstanding the address of a +few who took the opportunity to carry it through, while only the small +number of twenty-four were present, there is in that venerable order a +great majority, who will not go up to the house of Rimmon, or bow the +knee to Baal. + + +CANDIDUS. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, June 17, 1771.] + +Messieurs EDES & GILL, + +It is not very material whether the Address of the Convention of the +Clergy, as it is called by the Layman, in Mr. Draper's last Paper, was +the Act of seventeen or twenty three Gentlemen, or whether there were +only twenty-four or thirty present, when the Vote was procured. - Be +it as it may, it is a Question, why this Matter was bro't on and +finished so early, and when so small a Number as thirty, if so many, +were present. - It is said that after the Address was Voted, the +Number increased to Sixty; and upon a Proposal to reconsider the Vote, +"not above Ten of that Number voted for such Reconsideration." +Allowing this to be the Case, it appears, that not more than one in +seven of the Congregational Clergy of this Province were at the +Meeting, and in all Probability seven-eighths of that Denomination +never heard that an Address was intended; for I am told, that upon a +moderate Computation, their Number in the Province is at least upwards +of Four-Hundred. I should be glad therefore, if the Reverend Doctor +who presided at the Meeting, would inform us, with what Propriety the +World is told, that this was "the Address of the Congregational +Ministers of the Province." + +For my own Part, I pay very little Regard to Addresses to Great Men: +Whenever they appear to be but the Breath of Flattery, they must be +offensive to the Ears of any Man who has the Feelings of Truth and +Sincerity in his own Breast. -There is no Question but the Clergy have +a Right to address whom they please; and it is not strange to find +some of them ready to make their Compliments to a Governor - It is in +Course: But of all Men, we are to expect from them, even upon such +Occasions, Examples of that Simplicity and godly Sincerity, which we +so often hear them inculcate from the Pulpit - I do not pretend to +charge them with a Failure in this Instance: But I cannot help +thinking, that rather more of those excellent Christian Graces would +have appeared in these Reverend Addressers, if they had ascertained +the Number present. This might have prevented a Mistake in many of the +distant Readers, who may possibly conceive that "so kind, so +affectionate an Address," contained the declared Sentiments of a +Majority at least of the "respectable and venerable" Body of the +Clergy of the Province; which cannot be true, if in Fact not more than +a seventh Part of them knew any Thing about it - I am with due +Veneration for "the Congregational Ministers of the Province." + + +CANDIDUS. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS + +TO BENJAMIN FRANKLIN.1 + +[Boston Gazette, July 29, 1771; a text from the Bowdoin MS. is in +Proceedings of Massachusetts Historical Society, Ser. I., vol. viii., +pp. 468-473.] + +PROVINCE OF MASSACHUSETTS BAY, + +June 29, 1771. + +SIR, + +Your letter of the 5th of February2 has been laid before the House: +The contents are important and claim our fixed attention. + +We cannot think the doctrine of the right of Parliament to tax us is +given up, while an act remains in force for that purpose, and is daily +put in execution; and the longer it remains the more danger there is +of the people's becoming so accustomed to arbitrary and +unconstitutional taxes, as to pay them without discontent; and then, +as you justly observe, no Minister will ever think of taking them off, +but will rather be encouraged to add others. - If ever the provincial +assemblies should be voluntarily silent, on the Parliament's taking +upon themselves a power thus to violate our constitutional and Charter +Rights, it might be considered as an approbation of it, or at least a +tacit consent, that such a power should be exercised at any future +time. It is therefore our duty to declare our Rights and our +determined Resolution at all times to maintain them: The time we know +will come, when they must be acknowledged, established and secured to +us and our posterity. + +We severely feel the effects, not of a revenue raised, but a tribute +extorted, without our free consent or controul. Pensioners and +Placemen are daily multiplying; and fleets and standing armies posted +in North America, for no other apparent or real purpose, than to +protect the exactors and collectors of the tribute; for which they are +to be maintained, & many of them in pomp & pride to triumph over and +insult an injured people, and suppress if possible, even their +murmurs. And there is reason to expect, that the continual increase of +their numbers will lead to a proportionable increase of a tribute to +support them. What would be the consequence? Either on the one hand, +an abject slavery in the people, which is ever to be deprecated; or, a +determined resolution, openly to assert and maintain their rights, +liberties and privileges. The effects of such a resolution may for +some time be retarded by flattering hopes and prospects; and while it +is the duty of all persons of influence here to inculcate the +sentiments of moderation, it will in our opinion, be equally the +wisdom of the British administration, to consider the danger of +forcing a free people by oppressive measures into a state of +desperation. We have reason to believe that the American Colonies, +however they may have disagreed among themselves in one mode of +opposition to arbitrary measures, are still united in the main +principles of constitutional & natural liberty; and that they will not +give up one single point in contest of any importance, tho' they may +take no violent measures to obtain them. - The taxing their property +without their consent, and thus appropriating it to the purposes of +their slavery and destruction, is justly considered, as contrary to +and subversive of their original social compact, and their intention +in uniting under it: They cannot therefore readily think themselves +obliged to renounce those forms of government, to which alone for the +advantages imply'd or resulting, they were willing to submit. We are +sensible, as you observe, that the design of our enemies in England, +as well as those who reside here, is to render us odious as well as +contemptible, and to prevent all concern for us in the friends of +liberty in England; and perhaps to detach our Sister Colonies from us, +and prevent their aid and influence in our behalf, when the projects +of oppressing us further and depriving us of our Rights by various +violent measures, should be carried into execution. In this however, +we flatter ourselves they have failed: But should all the other +Colonies become weary of their liberties, after the example of the +Hebrews, this Province we trust, will never submit to the authority of +an absolute government. + +We are now led to take notice of another fatal consequence, which we +are under strong apprehensions will follow from these parliamentary +revenue laws; and that is, the making the governors of the colonies, +and other officers, independent of the people for their support. You +tell us there is no doubt of such intention, and that it will be +persisted in, if the American revenue is found sufficient. We are the +more inclin'd to believe it, not only because the governor of the +province of New-York has openly declared it with regard to himself, to +the assembly there; but because the present governor of this province +has repeatedly refused to accept of the usual grant for his support, +tho' he has not been so explicit as to assign a reason for it. The +charter of this province recognizes the natural Right of all men to +dispose of their property: And the governor here, like all other +governors, kings and potentates, is to be supported by the free grants +of the Representatives of the people. Every one sees the necessity of +this to preserve the balance of power and the freedom of any state: A +power without a check, is subversive of all freedom: If therefore the +governor, who is appointed by the crown, shall be totally independent +of the free grants of the people for his support, where is the check +upon his power? He becomes absolute and may act as he pleases: He may +make use of his power, not for the good of those who are under it, but +for his own private separate advantage, or any other purpose to which +he may be inclined, or instructed by him upon whom alone he depends. +Such an independency threatens the very being of a free constitution; +and if it takes effect, will produce and firmly establish a tyranny +upon its ruin. The act of parliament of the 7 Geo. 3.3 intitled, "An +act for granting certain duties in the Colonies, &c." declares That it +is expedient that a revenue should be raised in his Majesty's +dominions in America, for making more certain and adequate provision +for the defraying the charge of the administration of justice, and the +support of civil government in such colonies where it shall be found +necessary; and, towards further defreying the expences of defending, +protecting and securing the said dominions. - These are the very +purposes for which this government by the Charter is empowered to +grant taxes: So that by the act aforementioned, the Charter is in +effect made void. Agreeable to the design of that act, the governor it +seems is first to be made independent; and in pursuance of the plan of +despotism, the judges of the land, and all other important civil +officers, successively: Next follows an independent military power, to +compleat the ruin of our civil liberties. - Let us then consider the +power the Governor already has, and his Majesty's negative on all our +acts, and judge whether the purposes of tyranny will not be amply +answered! Can it be expected that any law will pass here, but such +as will promote the favourite design? And the laws already made, as +they will be executed by officers altogether dependent on the crown, +will undoubtedly be perverted to the worst purposes. The governor of +the province, and the principal fortress in it, are probably already +thus supported. These are the first fruits of the system: If the rest +should follow, it would be only in a greater degree, a violation of +our essential, natural rights. For what purpose then will it be to +preserve the old forms without the substance? In such a state, and +with such prospects, can Britain expect anything but a gloomy +discontent in the Colonies? Let our fellow-subjects there recollect, +what would have been their fate long ago, if their ancestors had +submitted to the unreasonable and uncharitable usurpations, exactions +and impositions of the See of Rome, in the reign of Henry the VIII. +Soon would they have sunk into a state of abject slavery to that +haughty power, which exalteth itself above all that is called God: But +they had the true spirit of liberty, and by exerting it, they saved +themselves and their posterity; The act of parliament passed in the +25th of that reign,4 is so much to our present purpose, that we cannot +omit transcribing a part of it, and refer you to the statute at large. +In the preamble it is declared, that "the realm of England hath been +and is free from subjection to any man's law but only to such as have +been devised, made and ordained within the realm for the wealth of the +same." And further, "it standeth therefore with natural equity and +good reason, that in every such law humane made within this realm by +the said sufferance, consents and customs, your Royal Majesty and your +Lords spiritual and temporal and Commons representing the whole state +of your realm in this your Majesty's high court of parliament, hath +full power and authority, not only to dispense, but also to authorize +some elect person or persons to be sent to dispense with those and all +other humane laws in this your realm, and with every one of them, as +the quality of the persons and matter may require. And also the said +laws and every one of them to abrogate, annul, amplify or diminish, as +it shall seem to your Majesty and the Nobles and Commons of your realm +present in parliament meet and convenient for the wealth of your +realm. And because that it is now in these days present seen, that the +state, dignity and superiority, reputation and authority of the said +imperial crown of this realm, by the long sufferance of the said +unreasonable and uncharitable usurpation and exaction is much and sore +decayed, and the people of this realm thereby much impoverished." It +is then enacted, that "no person or persons of the realm, or of any +other his Majesty's dominions, shall from henceforth pay any pensions, +censes, portions, peter pence, or any other impositions to the use of +the said Bishop of the See of Rome; but that all such pensions, &c. +which the said Bishop or Pope hath heretofore taken - shall clearly +surcease, and never more be levied or paid to any person or persons in +any manner or wise." - Nothing short of the slavery and ruin of the +nation would have been the consequence of their submitting to those +exactions: And the same will be the fate of America, if the present +revenue laws remain, and the natural effect of them, the making +governors independent, takes place. + +It is therefore with entire approbation that we observe your purpose +freely to declare our Rights, and to remonstrate against the least +infringement of them. The capital complaint of all North-America, hath +been, is now and will be until relieved, a subjugation to as arbitrary +a tribute as ever the Romans laid upon the Jews, or their other +colonies: The repealing these duties in part is not considered by this +house as a renunciation of the measure: It has rather the appearance +of a design to sooth us into security in the midst of danger: Any +species of tribute unrepealed, will stand as a precedent, to be made +use of hereafter as circumstances and opportunity may admit: If the +Colonies acquiesce in a single instance, it will in effect be yielding +up the whole matter and controversy. We therefore desire it may be +universally understood, that altho' the tribute is paid, it is not +paid freely: It is extorted and torn from us against our will: We bear +the insult and the injury for the present, grievous as it is, with +great impatience; hoping that the wisdom and prudence of the nation +will at length dictate measures consistent with natural justice and +equity: For what shall happen in future, We are not answerable: Your +observation is just, that it was certainly as bad policy, when they +attempted to heal our differences, by repealing part of the duties +only, as it is bad Surgery to leave splinters in a wound which must +prevent its healing, or in time occasion it to open afresh. + +The doctrine, that no agent ought to be received or attended to by +government, who is not appointed by an act of the general court, to +which the governor has given his assent, if established, must be +attended with very ill consequences; for, besides the just remarks you +made upon it, if whatever is to be transacted between the assemblies +of the Colonies and the government, is to be done by agents appointed +by and under the direction of the three branches, it will be utterly +impracticable for an assembly ever to lay before the Sovereign their +complaints of grievances occasioned by the corrupt and arbitrary +administration of a governor. This doctrine, we have reason to think, +was first advanced by governor Bernard, at a time when he became the +principal agent in involving the nation and the Colonies in +controversy and confusion: Very probably, it now becomes a subject of +instruction to governor Hutchinson5 who refuses to confirm the grants +of the Assembly to the Agents for the respective houses. In this he +carries the point beyond Governor Bernard who assented to grants made +in general terms for services performed, without holding up the name +of agent: But governor Hutchinson declines his assent even in that +form; so that we are reduced to a choice of difficulties, either to +have no agent at all, but such as shall be under the influence of the +minister; or to find some other way to support an agent than by grants +of the general assembly. - But we are fallen into times, when +governors of colonies seem to think themselves bound to conform to +instructions, without any regard to the civil constitution, or even +the public safety. + + +1 Page 46, note, applies also to the authorship of this letter. +2 J. Bigelow, Complete Works of Benjamin Franklin, vol. iv., p. 378. +3 Chap. 46. +4 Chap. 21. The quotation from the statute is inexact. +5 Since the writing of this letter an Instruction of this kind is +arrived, which has been communicated by the Governor to his Majesty's +Council; and is recorded in their Journal 1 + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, July 1, 1771.] + +MESSIEURS EDES & GILL, + +The Layman, who again appeared in Mr. Draper's last Thursday's +Gazette, is sollicitous to know why Candidus "pitched upon the +specific Number seventeen, as present at the late Convention of the +Clergy, and voting for an Address to his Excellency the Governor; and +further, he asks, Whether "it was not purposely done to throw an +undeserved Reproach on that reverend Body." - I will endeavour to +answer the Layman in a Manner not "militating," as he charges me with +having done before, "with my assumed denomination." - I mentioned that +"specific number," because I was told by several reverend Gentlemen +who were present at the Convention, that the Address was bro't on +early, when only twenty-four had got together; and that of this +number, seventeen only voted in favor of it. I own I thought it +unlucky, that the precise Number seventeen should appear to +countenance the Address, because I agree with the Layman that it has +of late become an "obnoxious Number." I have Reason to think I was +truly informed; if it was a misrepresentation, the Reverend Doctor who +presided at the Meeting, may set us right, if he thinks it worth his +While. I am still of Opinion, that is immaterial to my Purpose, +whether twenty-four or thirty Gentlemen were present, when the Address +was carried through; either of those numbers being very +inconsiderable, when compared with the whole Number of Congregational +Ministers in the Province, which is said to be at least four Hundred. +Allowing that the Number, after the Address had passed, was augmented +to Sixty, and that Fifty of them were against reconsidering the +Matter, it is not certainly to be inferred from thence, that all those +Fifty would have voted for an Address, if they had been present when +it was first proposed. But however that might be, the Propriety (to +say the least) of calling it, An Address of the Congregational +Ministers of the Province, when not more than about One in Seven of +them were present, or in any Likelihood ever had heard that any +Address was intended, yet remains a Question: And I again say, I +should be glad to see it reconciled with that Simplicity and Godly +Sincerity which we often hear inculcated from the Pulpit. - The Layman +supposes, that it is with the Convention as "with other Corporate +Bodies, convened at stated Time and Place " - Now other corporate +Bodies are notified of the Matters to be transacted at Time & Place; +but no Notice was given to "the Congregational Ministers of the +Province" that an Address to his Excellency the Governor was to +be proposed; and as this is said to be the first Instance of an + +Address to a Governor ever made by the Convention, it is not +likely that seven-eighths of them, who were absent, ever had it in +contemplation. But after all, I would ask, "with Modesty, Decency, +and Charity," and with Humility too, all which I take to be +excellent Christian Graces, as well as Sincerity; by what +Authority is the Convention of the Clergy, as it is called, +constituted "a corporate Body"? I am nevertheless, with all due +Respect to the Ministers of the Congregational Churches, + +Your's, +CANDIDUS. + + +P.S. Perhaps an Address of Thanks from the Convention of the +Reverend & very venerable Dr. Chauncy, for his excellent Defence +of their ecclesiastic Constitution, at a Time when they stood in +need of so able a Defender, may be judg'd by some to be rather +more in Character than a political Address to the Man in Power +C. + +Postscript the 2d. I am inform'd that it was first propos'd to +address his Excellency at Cambridge, after Dinner on the Day of +Election, and that the Reason assign'd for it was, because it had +been unjustly asserted that his had stood Sponsor at a Christening +- The Truth of which Assertion, however, it is also said, might +have been made evident by enquiring of a worthy Clergyman of the +Church of England in that Town, +C. + + + +TO ARTHUR LEE. + +[R. H. Lee, Life of Arthur Lee, vol. ii., pp. 173-577.] + +BOSTON, July 31st, 1771. + +SIR,- + +Since I received your favour of the 28th of March, I have observed +by the London papers that the lord-mayor and alderman are +liberated. From the wisdom and firmness which formerly +distinguished that opulent and independent city, we expected that +when they had so fair an occasion for exerting themselves, the +power which has too long oppressed and insulted the nation and the +colonies, would have been made to bend. But we have seen +complimentary letters and addresses to the imprisoned gentlemen, +and their answers; while by a stretch of arbitrary power they have +been kept in confinement, till by a prorogation instead of a +dissolution, they have been discharged of course. Is this my +friend a matter of such triumph? Does it not show that Britons are +unfeeling to their condition? Or has brutal force at length become +so formidable, that after having in vain petitioned those whose +duty it is to redress their grievances, they are afraid to imitate +the virtue of their ancestors in similar cases, and redress their +grievances themselves? + +Mr. Hume, if I mistake not, somewhere says, that if James the +Second had had the benefit of the riot-act, and such a standing +army as has been granted since his time, it would have been +impracticable for the nation to have wrought its own delivery, and +establish the constitution of '88. If the people have put it in +the power of a wicked and corrupt ministry to make themselves +absolute lords and tyrants over them by means of a standing army, +we may at present pity them under the misfortune; but future +historians will record the story with astonishment and +indignation, and posterity, who will share in the fatal effects of +their folly and treachery, will accuse them. Has there not for a +long time past been reason to apprehend the designs of a restless +faction to oppress the nation; and the more easily to affect their +purposes, to render the king's government obnoxious, and if +possible put an end to a family which has heretofore supported the +rights of the nation, its happiness and grandeur? + +In this colony we are every day experiencing the miserable effects +of arbitrary power. The people are paying the unrighteous tribute, +(I wish I could say they were groaning under it, for that would +seem as if they felt they are submitting to it,) in hopes that the +nation will at length revert to justice. But before that time +comes, it is to be feared they will be so accustomed to bondage, +as to forget they were ever free. Swarms of locusts and +caterpillars are maintained by this tribute in luxury and +splendour, and a standing army, (not in the city thank God, since +the 5th March 1770, but within call upon occasion). While our +independent governor is found to crouch to his superiors, and to +look down upon and sneer at those below him, he is from time to +time receiving instructions how to govern this people, to govern! +rather to harass and insult his country in distress. . .where his +adulating priestlings are reminding him he was born and educated, +forgetting perhaps if they ever knew, that the tyrants of Rome +were the natives of Rome. Among other edicts which have been +lately sent to this governor, there is one which prohibits his +assenting to any tax-bill, unless the commissioners and other +officers, whose salaries are not paid out of moneys granted by +this government, are exempted from a tax on the profits of their +commissions. Nothing that I can say will heighten the resentment +of a man of sense and virtue against such a mandate; and yet our +governor would have us think it is a mark of his paternal +goodness. Another instruction forbids the governor to give his +assent to grants to any agent, unless he is appointed by a law of +the province, or a resolve of the assembly, to which his +excellency consents. And a third requires him to refuse his assent +to a future election of such councillors as shall presume to meet +together as a council, without being summoned by him into his +presence. These instructions, so humiliating to the council, the +secretary by the governor's order has entered on their journals + +It has been observed that the nearer any man approaches to an +absolute independence, the more he will be flattered; and flattery +is always great in proportion as the motives of flatterers are +bad. These observations are so disgraceful to human nature that I +wish I could say they were not founded in experience. Perhaps +there never was a man in this province more flattered, or who bore +it better, I mean who was better pleased with it, than Governor +Hutchinson. You have seen Miss in her teens, surrounded with dying +lovers, praising her gay ribbons, the dimples in her cheeks or the +tip of her ear! In imitation of the mother country, whom we are +too apt to imitate in fopperies, addresses have been procured and +presented to his excellency, chiefly from dependants and +expectants. Indeed some of the clergy have run into the stream of +civility, which is the more astonishing, when it is considered +that they altogether depend upon the ability and good disposition +of their parishes for their support. But it is certain that not a +fifth part, some say not an eighth part of the clergy, were +present. It cannot, therefore, be said to be the language of the +body of the clergy, and all ages have seen that some of that order +have ever been ready to sacrifice the rights as well as the +honoured religion of their country, to the smiles of the great. It +is a sore mortification that the independent house of +representatives, and the town of Boston have refused to make their +compliments to a man, whose administration since the departure of +the Nettleham Baronet, they can by no means approve of. From hence +you will judge whether these addresses speak the sentiments of the +people in general, or are any more than the foul breath of +sycophants and hirelings. + +The province of North Carolina, by accounts from thence, appears +to have been involved in a civil war. It is the general opinion +here that the people in the back parts of that province have been +greatly oppressed, and that the governor, instead of hearkening to +their complaints and redressing their grievances, has raised an +army and spilt their blood. This it must be confessed, is treating +the people under his government much in the same manner as his +superiors have treated the nation and the colonies. But their +example may prove dangerous to be followed by a plantation +governor. At this distance from Carolina we have not yet received +a perfect account from thence. I hope your friends in the adjacent +colony of Virginia have wrote you particularly of this important +matter. Tryon has arrived at New York, where he is appointed +governor. He has already been addressed with all the expressions +of court sincerity, and perhaps he may hereafter receive the +reward of a baronet for his fidelity and courage. 'When vice +prevails and impious men bear sway, the post of honour is the +private station.' + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, August 5, 1771.j + +Messieurs EDES & GILL, + +One who stiles himself, in Mr. Draper's paper, a Layman, having +repeatedly endeavoured in vain to make the Public believe, that +the paper presented to governor Hutchinson, by about a fifth part, +according to his own account, and as others say, not more than an +eighth part of the congregational ministers of this province, +ought still to be called "an address of the congregational +ministers of this province"; and that its being thus represented +in the newspapers, did not betray any want of that simplicity and +godly sincerity, which we have so often heard inculcated from the +pulpit; and what is still more extraordinary in a vindication of +reverend addressers, having sneer'd at me for expressing my regard +for these and other eminent christian graces, which however, I +have reason to hope are the peculiar ornaments of the generality +of the ministers of that denomination; I say, after all this, he +proceeds to tell us, that there never has been an instance of a +majority of the clergy present at any convention; and that the +individuals who compose that reverend corporate body, as he would +fain have us think it to be, have never before been notified of +such political or other matters as a few of them may have taken it +into their heads to transact at any future time or place - Are we +to infer from thence by any means, that it was fair to call this +the address of the body of the congregational ministers of the +province? For so it was manifestly intended to be understood, and +so it is plain his Excellency himself chose to understand it, as +appears by his calling it in his answer, "so kind, so affectionate +an address, from so respectable and venerable a body of men " - +Aye, but says the Layman, it has been customary for a minority of +the congregational ministers of the province, to meet in +convention, and address the new governors, without notifying the +majority of them, (who have always been absent) of the matter. If +this be true, it argues that such former addresses can no more +than the last, be fairly called addresses of the body of the +clergy, or be so represented or receive - This Layman, as he calls +himself, mentions the convention in one of his performances, as +acting like "other corporate bodies," at the meetings of which the +presence of a majority of the members may not be necessary to +warrant their proceedings; but he does not incline to answer my +question, viz. When and by whom they were incorporated? But if +they had been a corporate body, the members should have been duly +warned of the matters to be transacted, as well as the time and +place; otherwise, who does not know that their proceedings must be +invalid? To be sure if, without such notification, not a sixth +part of them should be present, which is the fact, no one in his +senses would plead that they could with fairness be called the +proceedings of that corporate body - However, thus it has been +represented by the Layman: The reverend addressers themselves, +call their address, "An address of the ministers of the +congregational churches in the province," and his Excellency +receives it very kindly, as coming from so "respectable and +venerable a body " - Whatever some of those reverend gentlemen, (I +care not how small a number is supposed, for I would be tender of +the character of the cloth,) I say, whether some of them might not +think, that if the address was supposed to be the declared +sentiment of the whole body of the clergy of the province, it +would be further supposed, to speak the sentiments of the whole +body of the people of the province, and whether they were not +under this temptation to give their address so pompous an +introduction, I will not presume to say; I shall only in my usual +way, and with my usual modesty, as the Layman witnesses, ask +whether there is not reason to think it. If this was actually the +case, I will just remark, that though the body of the people of +this province, treat the clergy, as I hope they always will, with +all due respect, yet they are not priest-ridden as in some other +parts of the world, and I hope in God they never will be - They +claim a right of private judgment; and they will always venture to +express their own sentiments of men or things, of politicks or +religion, against the sentiments of the clergy, whenever they +think the clergy in the wrong + +This indefatigable Layman threatens to "chastise" me for falshood, +in saying I had heard, or "it is said" that this is the first +instance of an address ever made to a governor by the convention; +but strictly speaking it was truly said, according to his own +account; for if a majority of the members which compose the +convention, have never met, nor any of the members ever been +notified of time, place or matters to be transacted, how can any +act be said to have been the act of the convention? But this is +not what I intended - I was told, or to use my own words, it was +said in my hearing, that this was the first address to a governor +ever made by the convention: I understood it to be the first +address ever made to a governor by any number of ministers calling +themselves the ministers of the congregational churches of this +province met in convention: The Layman has convinced me that I was +misinformed: Does it follow that I am chargeable with falshood? a +gross violation of truth? Fie, fie, Layman! As your client's cause +requires the utmost candor, learn to exercise a little of it +towards others; it is a shame for you to rail in behalf of the +clergy - An instance is bro't of an address to Governor Pownal, +and another to Bernard! But in neither of these instances, as the +Layman tells us, were the members of the convention notified, or +the majority of them present. Perhaps only SEVENTEEN met, and an +hour before the usual time, as was said by one of the convention +to be the case, when the late address was first carried. The +Layman indeed insists upon twenty-four; it is immaterial as I said +before, since either of these numbers is inconsiderable, in +comparison with 300, some say 400 ministers of that denomination +in the province. If the Layman thinks it material, I am sorry the +Rev. Dr. who presided at the meeting, though repeatedly requested, +will not condescend to ascertain it for him - With regard to +addresses to governors upon their promotion, so far as it can be +presumed that they are well qualified and well dispos'd to employ +their shining talents, (for such they all have, if we are to +believe the late addresses here and elsewhere,) and to make +themselves "diffusive blessings in their exalted stations," those +of the clergy and others, who are so very fond of congratulating, +let them congratulate, if they please. I believe many of the +clergymen who congratulated the Nettleham baronet, and others +besides, have since been fully convinced that they have no reason +to pride themselves in it. The truth is, every man in power will +be adulated by some sort of men in every country, because he is a +man in power - TRYON arrives from the bloody scenes of Alamance, +and receives the high encomiums of New York, the clergy as well as +others, for having "saved a sister colony" by his noble exploit; +and another is flattered as being the "father of his country," and +"the delight of an obliged and grateful people," by those very men +who now detest the administration of BERNARD whom they had before +cannonized, altho' he has assured his noble patron, and many +believe it, that this Father of his country is just such an one as +himself; that he is pushing forward with the utmost vehemence, +tho' in different modes, the same measures, and that he may be +depended upon by his Lordship equally with himself. I am with +great respect to the congregational ministers, + +CANDIDUS. + + + +ARTICLE SIGNED "CANDIDUS. + +[Boston Gazette, August 19, 1771.] + +Messieurs Edes & Gill. + +It has become of late so fashionable for some persons to make +their addresses to every one whom they call a great man, that one +can hardly look upon them as the genuine marks of respect to any +one who is really a good man. Their addresses seem to spring +altogether from political views; and without the least regard to +the character or merit of the persons whom they profess to +compliment in them. From the observations I have been able to +make, I have been led to think that one of their designs in +addressing, is to give occasion to my Lord of H- and other great +men to think, or at least to say it, whether they think so or not, +that the scales have at length fallen from the eyes of the people +of this town and province; and that in consequence thereof, they +have altered their sentiments, & are become perfectly reconciled +to the whole system of ministerial measures; for otherwise, they +might argue, could they possibly be so liberal in their addresses and +compliments to those persons who are employed, and no question, are +very active in carrying those measures into execution. But I should +think that if a question of this consequence, namely, Whether the +people have altered their sentiments in so interesting a point, is to +be decided by their apparent disposition to compliment this or that +particular gentleman, because he is employed in the service of +administration in America, it would be the fairest method to call a +meeting of the inhabitants of the Town, duly notifying them of the +occasion of the meeting, and let the matter be fully debated if needbe, +and determined by a vote. Every one would then see, if the vote +was carried in favour of addressing, or which upon my supposition +is the same thing, in favour of the measures of administration, +whether it obtain'd by a large or small majority of the whole; and +we might come to the knowledge of the very persons, which is much +to be desired, as well as the weight of understanding and property +on each side. + +For my own part, I cannot but at present be of opinion, and "I +have reason to believe" that my opinion is well founded, that the +measures of the British administration of the colonies, are still +as disgustful and odious to the inhabitants of this respectable +metropolis in general, as they ever have been: +And I will venture further to add, that nothing, in my opinion, +can convey a more unjust idea of the spirit of a true American, +than to suppose he would even compliment, much less make an +adulating address to any person sent here to trample on the Rights +of his Country; or that he would ever condescend to kiss the hand +which is ready prepared to rivet his own fetters - There are among +us, it must be confess'd, needy expectants and dependents; and a +few others of sordid and base minds, form'd by nature to bend and +crouch even to little great men: - But whoever thinks, that by the +most refined art and assiduous application of the most ingenious +political oculist, the "public eye" can yet look upon the chains +which are forg'd for them, or upon those detestable men who are +employ'd to put them on, without abhorrence and indignation, are +very much mistaken - I only wish that my Countrymen may be upon +their guard against being led by the artifices of the tools of +Administration, into any indiscreet measures, from whence they may +take occasion to give such a coloring. "There have been, says the +celebrated American Farmer, in every age and in every country bad +men: Men who either hold or expect to hold certain advantages by +fitting examples of SERVILITY to their countrymen: Who train'd to +the employment, or self-taught by a natural versatility of genius, +serve as decoys for drawing the innocent and unwary into snares. +It is not to be doubted but that such men will diligently bestir +themselves on this and every like occasion, to spread the +infection of their meanness as far as they can. On the plans they +have adopted this is their course. This is the method to recommend +themselves to their patrons. They act consistently in a bad cause. +They run well in a mean race. From them we shall learn, how +pleasant and profitable a thing it is, to be, for our submissive +behavior, well spoken of at St. James's or St. Stephen's, at +Guildhall or the Royal Exchange." + +We cannot surely have forgot the accursed designs of a most +detestable set of men, to destroy the Liberties of America as with +one blow, by the Stamp-Act; nor the noble and successful efforts +we then made to divert the impending stroke of ruin aimed at +ourselves and our posterity. The Sons of Liberty on the 14th of +August 1765, a Day which ought to be for ever remembered in +America, animated with a zeal for their country then upon the +brink of destruction, and resolved, at once to save her, or like +Samson, to perish in the ruins, exerted themselves with such +distinguished vigor, as made the house of Dogon to shake from its +very foundation; and the hopes of the lords of the Philistines +even while their hearts were merry, and when they were +anticipating the joy of plundering this continent, were at that +very time buried in the pit they had digged. The People shouted; +and their shout was heard to the distant end of this Continent. In +each Colony they deliberated and resolved, and every Stampman +trembled; and swore by his Maker, that he would never execute a +commission which he had so infamously received + +We cannot have forgot, that at the very Time when the stamp-act +was repealed, another was made in which the Parliament of Great- +Britain declared, that they had right and authority to make any +laws whatever binding on his Majesty's subjects in America - How +far this declaration can be consistent with the freedom of his +Majesty's subjects in America, let any one judge who pleases - In +consequence of such right and authority claim'd, the commons of +Great Britain very soon fram'd a bill and sent it up to the Lords, +wherein they pray'd his Majesty to accept of their grant of such a +part as they were then pleas'd, by virtue of the right and +authority inherent in them to make, of the property of his +Majesty's subjects in America by a duty upon paper, glass, +painter's colours and tea. And altho' these duties are in part +repeal'd, there remains enough to answer the purpose of +administration, which was to fix the precedent. We remember the +policy of Mr. Grenville, who would have been content for the +present with a pepper corn establish'd as a revenue in America: If +therefore we are voluntarily silent while the single duty on tea +is continued, or do any act, however innocent, simply considered, +which may be construed by the tools of administration, (some of +whom appear to be fruitful in invention) as an acquiescence in the +measure, we are in extreme hazard; if ever we are so distracted as +to consent to it, we are undone. + +Nor can we ever forget the indignity and abuse with which America +in general, and this province and town in particular, have been +treated, by the servants & officers of the crown, for making a +manly resistance to the arbitrary measures of administration, in +the representations that have been made to the men in power at +home, who have always been dispos'd to believe every word as +infallible truth. For opposing a threatned Tyranny, we have been +not only called, but in effect adjudged Rebels & Traitors to the +best of Kings, who has sworn to maintain and defend the Rights and +Liberties of his Subjects - We have been represented as inimical to +our fellow subjects in Britain, because we have boldly asserted those +Rights and Liberties, wherewith they, as Subjects, are made free. +-When we complain'd of this injurious treatment; when we +petition'd,and remonstrated our grievances: What was the Consequence? +Still further indignity; and finally a formal invasion of this town by +a fleet and army in the memorable year 1768. + +Our masters, military and civil, have since that period been +frequently chang'd; and possibly some of them, from principles +merely political, may of late have look'd down upon us with less +sternness in their countenances than a BERNARD or a . . .: But +while there has been no essential alteration of measures, no real +redress of grievances, we have no reason to think, nay we deceive +ourselves if we indulge a thought that their hearts are changed. +We cannot entertain such an imagination, while the revenue, or as +it is more justly stiled, the TRIBUTE is extorted from us: while +our principal fortress, within the environs of the town, remains +garrison'd by regular troops, and the harbour is invested by ships +of war. The most zealous advocates for the measures of +administration, will not pretend to say, that these troops and +these ships are sent here to protect America, or to carry into +execution any one plan, form'd for the honor or advantage of +Great-Britain. It would be some alleviation, if we could be +convinced that they were sent here with any other design than to +insult us. + +How absurd then must the addresses which have been presented to +some particular gentlemen, who have made us such friendly visits, +appear in the eyes of men of sense abroad! Or, if any of them have +been so far impos'd upon, as to be induc'd to believe that such +addresses speak the language of the generality of the people, how +ridiculous must the generality of the people appear! On the last +supposition, would not a sensible reader of those addresses, upon +comparing them with the noble resolutions which this town, this +province and this continent have made against SLAVERY, and the +just and warm resentment they have constantly shown against EVERY +man whatever, who had a mind sordid and base enough, for the sake +of lucre, or the preservation of a commission, or from any other +consideration, to submit to be made even a remote instrument in +bringing and entailing it upon a free and a brave people; upon +such a comparison, would he not be ready to conclude, "that we had +forgot the reasons which urged us, with unexampled unanimity a few +years ago - that our zeal for the public good had worn out, before +the homespun cloaths which it had caused us to have made - and, +that by our present conduct we condemned our own late successful +example! -Although this is altogether supposition, without any +foundation in truth, yet, so our enemies wish it may be in +reality, and so they intend it shall be - To prevent it, let us +ADHERE TO FIRST PRINCIPLES. CANDIDUS. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, September 9, 1771.] + +Messieurs EDES & GILL, + +PERHAPS there never was a people who discovered themselves more +strongly attached to their natural and constitutional rights and +liberties, than the British Colonists on this American Continent - +Their united and successful struggles against that slavery with +which they were threatened by the stamp-act, will undoubtedly be +recorded by future historians to their immortal honor - The +assembly of Virginia, which indeed is the most ancient colony, +claimed their preeminence at that important crisis, by first +asserting their rights which were invaded by the act, and by their +spirited resolution to ward off the impending stroke: And they +were seconded by all the other colonies, with such unanimity and +invincible fortitude, that those who, to their eternal disgrace +and infamy, had accepted of commissions to oppress them, were made +to shudder at the thought of rendering themselves still more +odious to all posterity, by executing their commissions, and +publickly to abjure their detestable design of raising their +fortunes upon the ruin of their country. Under the influence of +the wisest administration which has ever appeared since the +present reign began: The hateful act was at length repeal'd; to +the joy of every friend to the rights of mankind in Britain, and +of all America, except the few who either from the prospect of +gain by it, or from an inveterate envy which they had before and +have ever since discovered, of the general happiness of the people +of America, were the promoters if not the original framers of it. +This restless faction could not bear to see the Americans restored +to the possession of their rights and liberties, and sitting once +more in security under their own vines and their own fig trees: +Unwearied in their endeavours to introduce an absolute tyranny +into this country, to which they were instigated, some from the +principles of ambition or a lust of power, and others from an +inordinate love of money which is the root of all evil, and which +had before possessed the hearts of those who had undertaken to +distribute the stamped papers, they met together in cabal and laid +a new plan to render the people of this continent tributary to the +mother country - Having finished their part of the plan, their +indefatigable Randolph was dispatched to Great-Britain to +communicate it to the fraternity there, in order that it might be +ripen'd and bro't to perfection: But even before his embarkation, +he could not help discovering his own weakness, by giving a broad +hint of the design - This parricide pretended that his intention +in making a voyage to England at that time, was to settle a +private affair of his own; that he had nothing else in view; and +that having settled that private affair, he should immediately +return, and as he express'd it, lay his bones in his native +country. Full of the appearance of love for his country, he +express'd the greatest solicitude to do the best service he could +for it, while in England; but unluckily drop'd a question, strange +and inconsistent as it may appear to the reader, "What do you +think, sir, of a small Duty upon divers articles of importation +from Great-Britain?" No sooner had he arriv'd in London, than the +news was dispatch'd from the friends of America there, of a design +to lay a duty upon paper, glass, painter's colours, and tea +imported into America, with the sole purpose of raising a revenue +- The lucrative commission which he obtain'd while in England, in +consequence of the passing of the act of parliament, whereby he +was appointed one of the principal managers of this very revenue, +affords but little room to doubt what his intention was in his +voyage to London, notwithstanding his warm professions of concern +for his native country - It is not always a security against a +man's sacrificing a country, that he was born and educated in it. +The Tyrants of Rome were Natives of Rome. Such men indeed incur a +guilt of a much deeper dye, than Strangers, who commit no such +violation of duty and of feeling. - There was another of the cabal +who embark'd about the same time, but he was call'd out of this +life before he reach'd London, and de mortuis nil dico - Of the +living I shall speak, as occasion shall call for it, with a +becoming freedom. + +The whole continent was justly alarmed at the parliament's +resuming the measure of raising a revenue in America without their +consent, which had so nearly operated the ruin of the whole +British empire but a few months before; & that this odious measure +should be taken, so soon after the happy coalition between Britain +and the colonies which the repeal of the stamp-act had occasion'd +for if one may judge by the most likely appearances, the +affections of her colonists, were upon this great event, more +strongly attached to the mother country if possible, than ever +they had been. But the great men there had been made to believe +otherwise - Nay the governor of this province had gone such a +length as to assure them, that the design of the Americans in +their opposition to the stamp-act, was to bring the authority of +parliament into contempt - Many of his adherents privately wrote +to the same purpose - All which had a tendency to break that +harmony, which after the only interruption that had ever taken +place and that of short continuance, had been renewed, and +doubtless would have been confirmed to mutual advantage for ages, +had it not been for that pestilent few, who first to aggrandize +themselves and their families, interrupted the harmony, and then +to preserve their own importance, took every step their malice +could invent, with the advantage they had gain'd of a confidence +with the ministry, to prevent it's ever being restored. + +Upon the fatal news (fatal, I call it, for I very much fear it will +prove so in its consequences, how remote I will not take upon me to +predict) upon the news of the passing of another revenue act, the +colonies immediately took such measures as were dictated to them, not +by passion and rude clamour, but by the voice of reason and a just +regard to the safety of themselves and their posterity. The assembly +of this province, being the first I suppose who had the opportunity of +meeting, prepared and forwarded a humble, dutiful & loyal petition to +the King1 and wrote letters to such of the British nobility2 and +gentry as had before discovered themselves friends to the rights of +America & of mankind, beseeching their interposition and influence on +their behalf. At the same time they wrote a circular letter to each of +the other colonies3, letting them know the steps they had taken and +desiring their advice & joint Assistance - This letter had its +different effects; on the one hand, in the deep resentment of my Lord +of Hillsborough, who was pleased to call it "a measure of an +inflamatory nature - Evidently tending to create unwarrantable +combinations, to excite an unjustifiable opposition to the +constitutional authority of parliament and to revive unhappy divisions +and distractions," &c. While on the other hand, the colonies, as +appears by their respective polite answers, receiv'd it with the +highest marks of approbation, as a token of sincere affection to them, +& a regard to the common safety; and they severally proceeded to take +concurrent measures. No one step I believe, united the colonies +more than this letter; excepting his lordship's endeavors by his +own circular letter to the colonies, to give it a different turn - +But however decent and loyal -However warrantable by or rather +conformable to the spirit and the written rules of the British +constitution, the petitions of right and other applications of the +distressed Americans were, they shared the same fate which those +of London, Westminster, Middlesex, & other great cities & counties +have since met with! No redress of grievances ensued: Not even the +least disposition in administration to listen to our petitions; +which is not so much to be wondered at, when we consider the +temper of the ministry, which was incessantly acted upon by +Governor Bernard in such kind of language as this "The authority +of the King, the supremacy of parliament, the superiority of +government are the real objects of the attack"; while nothing is +more certain, than that the house of representatives of this +province in their petition to the king, and in all their letters, +that in particular which was address'd to the other colonies, the +sentiment of which was recogniz'd by them, expressly declare, +"that his Majesty's high court of parliament is the supreme +legislative power over the whole empire, in all cases which can +consist with the fundamental rights of the constitution," and that +"it was never questioned in this province, nor as they conceive in +any other." They indeed in all their letters insist upon the right +of granting their own money, as a right founded in nature, the +exercise of which no man ever relinquished to another & remain'd +free - A right therefore which no power on earth, not even the +acknowledged supreme legislative power over the whole empire hath +any authority to divest them of - "The supreme power says Mr. +Locke, is not, nor can possibly be absolutely arbitrary, over the +lives and fortunes of the people - The supreme power cannot take +from any man any part of his property without his own consent. For +the preservation of property being the end of government, and that +for which men enter into society; it necessarily supposes and +requires that the people should have property, without which they +must be supposed to lose that by entering into society, which was +the end for which they entered into it. Men therefore in society +having property, they have such a right to the goods which by the +law of the community are theirs, that no body hath a right to take +their substance or any part of it from them without their consent. +Without this, they have no property at all: For I have truly no +property in that, which another can by right take from me when he +pleases, against my consent" - These are the principles upon which +alone, the Americans founded their opposition to the late acts of +parliament. How then could governor Bernard with any colour of +truth declare to a minister of state in general terms, that "the +authority of the King, the supremacy of parliament, the +superiority of government, were the objects of the attack?" Upon +the principles of reason and nature, their opposition is +justifiable: For by those acts the property of the Colonists is +taken from them without their consent. It is by no means +sufficient to console us, that the duty is reduced to the single +article of Tea, which by the way is not a fact; but if it should +be admitted, it is because the parliament for the present are +pleased to demand no more of us: Should we acquiesce in their +taking three pence only because they please, we at least tacitly +consent that they should have the sovereign controul of our +purses; and when they please they will claim an equal right, and +perhaps plead a precedent for it, to take a shilling or a pound - +At present we have the remedy in our own hands; we can easily +avoid paying the TRIBUTE, by abstaining from the use of those +articles by which it is extorted from us: - and further, we can +look upon our haughty imperious taskmasters, and all those who are +sent here to aid and abet them, together with those sons of +servility, who from very false notions of politeness, can seek and +court opportunities of cringing and fawning at their feet, of +whom, thro' favor, there are but few among us: we may look down +upon all these, with that sovereign contempt and indignation, with +which those who feel their own dignity and freedom, will for ever +view the men, who would attempt to reduce them to the disgraceful +state of SLAVERY. + +I shall continue to send you an account of facts, as my leisure +will admit. In the mean time, + +I am yours, +CANDIDUS. + + +1 Vol. I., page 162. +2 Vol. I., pages 152, i66, 169, 173, 180. +3 Vol. I., page 184. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, September 16, 1771.] + +Messieurs EDES & GILL, + +1 have already mentioned the circular letter written by the house +of representatives of this province to the other colonies, dated +the 11th of February, 1768; and the very different treatment it +met with from the Earl of Hillsborough and the respectable bodies +to whom it was addressed. And also the circular letter which his +lordship himself was pleased to send to those colonies, wherein he +recommended to them "to treat it with the contempt it deserved " - +But as the sentiments contained in the letter of the house were so +exactly similar to those of the other colonies, and the subject of +it was of equal importance to them all, it was not in the power of +his lordship to efface the impressions it made, or to disturb that +harmony which was the happy effect of it - Vis unita fortior - +That union of the colonies in their common danger, by which they +became powerful, was the occasion of the greatest perplexity to +their enemies on both sides the atlantick; and it has been ever +since their constant endeavor by all manner of arts to destroy it. +In this, it must be confess'd, they have discovered an unanimity, zeal +and +perseverance, worthy to be imitated by those who are embark'd in +the cause of American freedom. - It is by united councils, a +steady zeal, and a manly fortitude, that this continent must +expect to recover its violated rights and liberties. + +Such was the resentment which the circular letter enkindled in the +breasts of administration, that it was immediately followed by a +Mandate from lord Hillsborough to governor Bernard, to require the +succeeding house to rescind the resolution which had given birth to +it, upon pain of a dissolution of the assembly in case of a refusal. - +Governor Bernard added to the severity of this mandate by assuring the +house in a message to them, that "if he should be obliged to dissolve +the general court, he should not think himself at liberty to call +another, till he should receive his Majesty's command for that +purpose." - It appeared that administration had been greatly +misinformed with regard to the circumstances of this resolution of the +house, particularly in a representation that it was brought on when +the members present were few, and at the end of the session; and that +it was therefore a very unfair proceeding procured by surprize and +contrary to the real sense of the house - But the house made it +evident in their letter to his lordship afterwards, from their own +minutes and journals, that it was the declared sense of a large +majority when the house was full - It was the constant practice of +governor Bernard and his adherents, to represent the opposition of the +house to the pernicious designs of the enemies of the colonies, +which generally consisted of full three quarters of the members +and sometimes more, as the feeble efforts of an expiring faction. + +This direct and peremptory requisition, of a new and strange +constructure, and so strenuously urg'd by the governor, was taken +into consideration by the house, on the next day after it was laid +before them; and as is usual in all matters of importance, was +then referred to a large committee further to consider it, and +report their opinion of what was expedient to be done: As the +governor had assured the house in his message, that "their +resolution thereon would have the most important consequences to +the province," the committee were the more deliberate in their +consultations; very reasonably expecting, that after such an +assurance given to the house, the governor would indulge them with +sufficient time thoroughly to digest it.However sanguine the +expectation of lord Hills-borough might be, through the artful +insinuation of governor Bernard that, the "attempts of a desperate +faction (as his lordship expressed it) would be discountenanced, +and that the execution of the measure recommended would not meet with +any +difficulty;" the governor himself, who was fully acquainted with +the sentiments of the house, as well as of the generality of the +people without doors, had no "grounds to hope" that the requisition +would be comply'd with; and therefore as a dissolution was to be the +immediate consequence of a refusal, and as his lordship had directed +the governor to "transmit to him an account of their proceedings to be +laid before his Majesty, to the end that his Majesty might, if he +tho't proper, lay the whole matter before his parliament," it might +have been well supposed that a longer time was necessary for them to +state the reasons of their own conduct, and to set the transactions of +the former house, which had been grossly misrepresented, in a true +point of light, in order to vindicate themselves, when their whole +proceedings should be laid before his Majesty and the parliament. + +But before the committee were ready to make their report, the +governor sent down a message to the house, signifying that it was +full a week since he had laid his Majesty's requisition before +them, and that he could not admit of a much longer delay, without +considering it as an answer in the negative - Upon which the +house, being desirous that the sense of the people concerning this +important matter might be known as explicitly as possible, which +would also have determined beyond all doubt, their sense of the +revenue acts, and the opposition made to them by the American +assemblies, requested a recess of the general court, that they +might have the opportunity of taking the instructions of their +constituents. But though his lordship in his letter to the +governor, express'd a satisfaction in "that spirit of decency and +love of order which has discovered itself in the conduct of the +most considerable of the inhabitants of the province;" and the +governor himself in his speech at the close of the preceeding +assembly, insinuated that matters had been conducted by a party in +the house; and declared that "the evils which threatened this +injured country, arose from the machinations of a few, very few +discontented men" - "false patriots who were sacrificing their +country to the gratification of their own passions," and that it +was "by no means to be charged upon the generality of the people," +yet he did not think it proper to comply with the request of the +house for a recess, that the sentiment of the generality of" this +good people," as he calls them in this same speech, might be +taken. Had he not the fairest opportunity upon this motion of the +house, if there had been any grounds for his representations that +the opposition to the revenue acts was confined to a few, very few +discontented men, to have made it evident beyond all contradiction? +But he dared not rest the matter upon this issue: He knew very well +that it would put an end to his darling topic; and that the +determination of the generality of the people, would put it out of his +power any longer to hold up an expiring faction to administration with +success - A low piece of cunning, of which he was a perfect master, +and which he had constantly practiced to induce them to a perseverance +in their measures. + +On the 30th June 1768, the committee, having maturely considered +the requisition made to the house in its nature and consequences +reported a letter to the Earl of Hillsborough1 his Majesty's +secretary of state for the American department, and laid it on the +table; wherein they observe to his lordship, that a requisition of +such a nature, to a British house of commons had been very unusual +and perhaps altogether unprecedented since the revolution: That +some very aggravated representations must have been made to his +Majesty of the resolution of the former house, to induce him to +require this house to rescind it, upon pain of forfeiting their +existence - That the people in this province had attended with anxiety +to the acts of the British parliament for raising a revenue in America +- That this concern was not limited within the circle of a few +inconsiderate persons; the most respectable for fortune, rank and +station, as well as probity and understanding in the province, +with very few exceptions, being alarm'd with apprehensions of the +fatal consequences, of a power exercised in any part of the +British empire, to command and apply the property of their fellow +subjects at discretion: That as all his Majesty's North American +subjects were alike affected by those revenue acts, the former +house very justly supposed that each of the assemblies on the +continent would take such methods of obtaining redress as should +be thought by them respectively to be regular and proper; and +being desirous that the several applications should harmonize with +each other, they resolved on their circular letter; wherein they +only acquainted their sister colonies with the measures they had +taken, without calling upon them to adopt those measures or any +other - That this was perfectly consistent with the constitution, and +that, so far from being criminal, or a measure "of an inflammatory +nature,' it had a natural tendency to compose his majesty's subjects +in the colonies, till they should obtain relief; at a time when it +seem'd to be the evident design of a party, they might have said a +faction, to prevent calm, deliberate, rational and constitutional +measures being pursued, or to stop the distresses of the people +from reaching his Majesty's ear, and consequently to precipitate +them into a state of desperation. They therefore leave it to his +lordship's impartial judgment, whether the representations that +had been made of this resolution, were not injurious to the house, +and an affront to his Majesty himself. And after proceeding to +give his lordship a full detail of all the circumstances relating +to the resolution which gave birth to the circular letter, and +which they were required to rescind, they add, that they rely upon +it that to petition his Majesty will not be deemed by him to be +inconsistent with the British constitution; that to acquaint their +fellow subjects, involved in the same distress, even if they had +invited the union of all America in one joint supplication, would not +be discountenanced by his Majesty as a "measure of an inflammatory +nature;" and that "when his lordship shall injustice lay a true state +of those matters before his Majesty, he will no longer consider them +as tending to create unwarrantable combinations, or to excitte an +unjustifiable opposition to the constitutional authority of +parliament." This is the substance of the letter; which being +twice read in the house, was accepted by a large majority of +ninety-two out of one hundred and five members, and ordered to be +transmitted by the speaker to his lordship as soon as might be. +After which it was immediately mov'd, that the question be put, +Whether the house would rescind the resolution of the last house +which gave birth to the circular letter; and the question being +accordingly put, it pass'd in the negative, there appearing on a +division upon the question to be seventeen yeas and ninety-two nays. +Thus the house determined upon as extraordinary a mandate as +perhaps was ever laid before a free assembly. - It is to us, said +the house in their message to the governor, altogether +incomprehensible, that we should be required on the peril of a +dissolution of the great and general court or assembly of this +province, to rescind a resolution of a former house of +representatives, when it is evident that such resolution has no +existence, but as a mere historical fact. Your excellency must +know, that the resolution referred to, is, to speak in the language of +the common law, not now "executory," but to all intents and purposes +"executed." The circular letter has been sent and answered by many of +the colonies: These answers are now in the public papers; the public +will judge of the proposals, purposes and answers. We could as well +rescind those letters as the resolves; and both would be equally +fruitless, if by rescinding, as the word properly imports, is meant a +repeal and nullifying of the resolution referred to. But if, as is +most probable, by the word, rescinding, is intended the passing a vote +of this house, in direct and express disapprobation of the measure +above mentioned, as "illegal, inflammatory and tending to promote +unjustifiable combinations" against his Majesty's peace, crown and +dignity, we take the liberty to testify and publickly to declare, that +it is the native, inherent and indefeasible right of the subject, +jointly or severally, to petition the King for the redress of +grievances. - And we are clearly and very firmly of Opinion that the +petition of the late dutiful and loyal house, and the other very +orderly applications for the redress of grievances, have had the most +desirable tendencies and effects - In another part they say, "we +cannot but express our deep concern, that a measure of the late house +in all respects so innocent, in most so virtuous and laudable, and as +we conceive, so truly patriotic, should be represented to +administration in the odious light of a party and factious +measure," and finally they say, that in refusing to comply with +the requisition, "they have been actuated by a conscientious and a +clear and determined sense of duty to God, their King, their +country, and their latest posterity." This determination of the +house gave general satisfaction, not only to the people of this +province, but of the other colonies also; as well as the friends +of liberty in Britain. It was spoken of by all except the +disappointed few, with great applause. Indeed the essential rights +of all were involved in the question: A different determination +would therefore have been to the last degree infamous and attended +with fatal consequences. Not only the right of the subjects +jointly to petition for the redress of grievances which all alike +suffer, but also that of communicating their sentiments freely to +each other upon the subject of grievances, and the means of +redress, which was the sole purport of the circular letter, would +in effect have been given up. I have often thought that in this +time of common distress, it would be the wisdom of the colonists, +more frequently to correspond with, and to be more attentive to +the particular circumstances of each other. It seems of late to +have been the policy of the enemies of America to point their +artillery against one province only; and artfully to draw off the +attention of the other colonies, and if possible to render that +single province odious to them, while it is suffering ministerial +vengeance for the sake of the common cause. But it is hoped that +the colonies will be aware of this artifice. At this juncture an +attempt to subdue one province to despotic power, is justly to be +considered as an attempt to enslave the whole. The colonies "form +one political body, of which each is a member." -The liberties of +the whole are invaded - It is therefore the interest of the whole +to support each individual with all their weight and influence. +When the legislative of the colony of New-York was suspended, the +house of representatives of this province consider'd it "as +alarming to all the colonies;" and bore their testimony against +it, in a letter to their agent, the sentiments of which they +directed him to make known to his Majesty's ministers. - That +suspension, says the patriotic Pennsylvania Farmer, is a +parliamentary assertion of the supreme authority of the British +legislature over these colonies in point of taxation; and is +intended to COMPEL New-York into a submission to that authority. +It seems therefore to me as much a violation of the liberty of the +people of that province, and consequently of all these Colonies, +as if the Parliament had sent a number of regiments (which has +since been the fate of this province) to be quartered upon them +till they should comply. - Whoever, says he, seriously considers +the matter, must perceive, that a dreadful stroke is aimed at the +liberty of these Colonies: For the cause of one is the cause of +all. If the parliament may lawfully deprive New-York of any of its +Rights, it may deprive any or all the other Colonies of their +Rights; and nothing can so much encourage such attempts, as a +mutual inattention to the interests of each other. To divide and +thus to destroy, is the first political maxim in attacking those +who are powerful by their union. - When Mr. Hampden's ship money +cause for three shillings and four pence was tried, all the people +of England, with anxious expectation, interested themselves in the +important decision: And when the slightest point touching the +freedom of a single Colony is agitated, I earnestly wish, that all +the rest may with equal ardour support their sister. - These are +the generous sentiments of that celebrated writer, whom several +have made feeble attempts to answer, but no one has yet done it. +May the British American Colonies be upon their guard; and take +care lest by a mutual inattention to the interest of each other, +they at length become supine and careless of the grand cause of +American Liberty, and finally fall a prey to the MERCILESS HAND OF +TYRANNY. + +I am, +Your's, +CANDIDUS. + + +1Vol. I., page 219. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, September 23, 1771.] + +Messieurs EDES & GILL, + +The consequence of the determination of the house of +Representatives not to rescind the resolution of the former house, +of which I gave you a particular account in my last, was an +immediate prorogation of the general assembly, and the next day a +dissolution, agreeable to the orders of a minister of state! - +Governor Bernard in a subsequent letter to lord Hillsborough, +pressed his lordship for further orders respecting the calling a +new assembly; and acquainted him that "when the usual time should +come, it would be quite necessary that the governor should be able +to vouch positive orders for his not calling the assembly, if he +was not to do it," and he adds that, "with regard to calling the +new assembly in May, it would require much consideration." By the +Charter of this province, which is a Compact between the Crown and +the People, it is ordained that a General Assembly shall be called +on every last Wednesday in May yearly: Did gov. Bernard then think +that his lordship, to whom in one instance at least, he had +surrendered the power of the governor of the province, could by +another order rescind that effectual Right of the Charter? It +would in truth require much consideration with one, even of his +lordship's peculiar turn of mind, before he would assume an +authority to put an end to the constitution of the province: He +had gone far enough already. - The Charter further ordains, that +the assembly shall be held "at all such other times as the +governor shall think fit." Not as lord Hillsborough shall think +fit, for he is not the governor. Could the governor think that the +people were so stupid as to be satisfied with his vouching - +orders for neglecting that which it was his indispensable duty to +do as governor of the province; and by neglecting which, either +with or without his lordship's orders, there would be an end to +the supreme legislative power; the establishing of which, as Mr. +Locke says, is the first and fundamental positive law of the +commonwealth. The general assembly is constituted by the charter, +the legislative of the province; having full power and authority +to make all such orders, laws, statutes, &c. not repugnant to the +laws of England, as they shall judge to be for the good and +welfare of the province. - "The first framers of the government, +not being able by any foresight to prefix so just periods of +return and duration to the assemblies of the legislative, in all +times to come, that might exactly answer all the emergencies of +the commonwealth, the best method that could be found, was to +trust this to the prudence of one, who was always to be present, +and whose business it should be to watch over the commonwealth." +Hence the charter provides, that the governor who is to reside in +the province, and who, being always present, must be acquainted +with the state and exigences of the public affairs, shall have +full power and authority to adjourn or dissolve the assembly, and +call a new one from time to time as he shall judge necessary: But +our governors have of late given up this power of judging - to a +minister of state; residing at a thousand leagues distance, and +therefore utterly unable to determine, if it was lawful for him to +do it, at what time the necessities of the state might require the +immediate exertion of legislative power. This ministerial +manoeuvre, to speak in modern language, which threatens the +destruction of the constitution, will, it is hoped, be the subject +of national enquiry, when the present confusion in Britain and +America shall, as it must soon, be brought to a happy issue. "The +legislative is sacred and unalterable in the hands where the +community has fixed it." In this province it is fixed by the +community, in the hands of the Governor, Council and House of +Representatives: In their hands therefore, it ought to rest sacred +and unalterable; to be sure as long as the express conditions of +the compact are fulfilled. - Lord Stafford, and many lords and +great men before him, suffered death for attempting to overthrow +the constitution of the state. - Their crime was called, and I +supposed justly called, Treason: It surely could not have been +treason therefore, to have disturbed and resisted them in their +mad attempts, even though they might have produced the orders of a +king - What punishment awaits those who have manifestly attempted +to overthrow the constitution of the American colonies, the time +which we hope for, and is hastening on, will determine. If the +very being of the legislative of this province is for the future +to depend upon the mere will and pleasure of an arbitrary minister +- if he may take it upon him to dictate such measures as he pleases, +and to dissolve them, or which is the same thing, order an obsequious +governor to do it, upon their non-compliance with his will and +pleasure, surely we have little to boast of in such an assembly. The +charter may be taken away in tarts as well as in the whole: And it +seems by some later ministerial mandates and measures, as if there was +a design to deprive us of our Charter-Rights by degrees. An attempt +upon the whole by one stroke would perhaps be thought too bold an +undertaking. His lordship could not indeed have chosen a more +effectual step to deprive us of the whole benefit of a free +constitution, than by attempting to controul the debates and +determinations of the House of Representatives, which ought forever to +be free, and suspending the legislative power of the province, for +their refusing to obey any mandate, especially when it is not only +contrary to their judgments and consciences, but, as it appeared to +them, absurd. It is a pitiful constitution indeed, which so far from +being fixed and permanent as it should be - sacred and unalterable in +the hands of those where the community has placed it, depends entirely +upon the breath of a minister, or of any man: But it is to be feared +from this as well as other more recent instances, that there is a +design to rase the foundations of the constitutions of these colonies, +and place them upon this precarious and sandy foundation. - I have +seen a letter from the agent of this province to the government here, +dated so long ago as March the 7th, 1750; wherein he says, "I am +afraid there is at bottom in the minds of some, a fixed design of +getting a parliamentary sanction of some kind or other, if possible, +to the King's instructions on this occasion;" which was the redressing +the inconveniencies proceeding from the paper bills. And in another +letter of the 12th of April following, he writes, "Since my last, I +have found too great reason to confirm my apprehensions, that some +persons of consequence here, are determined, if possible, to put the +future use of the credit of the several governments of New England, +wholly under the power of an instruction; and what tendency that +may have to introduce the King's instructions into the government +of the other colonies, in other instances, I need not observe +This design seems to be conducted with great art." The fears of +that watchful agent, there is reason to apprehend, from the +perfect good understanding that now exists between the ruling men +in the American department, on both sides the atlantic, may very +soon be far from appearing groundless. Instructions have of late +been so frequent, and in every instance so punctiliously obeyed, +that there is reason to fear, unless greater attention is had to +them, they soon will be established as rules of administration, not +only to governors as servants of the crown, but to legislatures. The +enforcing them seems to be conducted with equal art on this side of +the water at present, to that with which the original design of +introducing them was conducted on the other side, when that agent +wrote. They may soon therefore be regarded as fixed laws in the +colonies, even without the sanction or intervention of parliament +Principiis obsta, is a maxim worth regarding in politics as well as +morals, and it is more especially to be observed, when those who are +the most assiduous in their endeavours to alter the civil +Constitution, are not less so in persuading us to go to sleep and +dream that we are in a state of perfect security. - What benefit +is it to us to have a governor residing in the province, invested +with certain powers of judging -, and acting according to his own +judgment, for the good of the people, if he submit to be made a +man of wire, & for the sake of preserving the emolument of a +governor, with the name only, is turned this way or that, as the +minister directs, without any judgment of his own? And of what use +can a legislative be to us, without the free exercise of the +powers of legislation? Liable to be thrown out of existence for +not acting in conformity to the will of another? Can there be any +material difference between such a legislative and none at all? +The original constitution of this province, the charter, required +the convening of a new general assembly in May: The public +exigencies might have required it sooner: But governor Bernard was +determined in neither of these cases to convene an assembly, if he +could but vouch the positive orders of the minister, who had no +right or legal authority at all to interpose in the matter. "The +using of force upon the people without authority, and contrary to +the trust reposed in him that does so, is a state of war with the +people;" This is the judgment of one of the greatest men that ever +wrote. "If the executive power, being possessed of the power of +the commonwealth, shall make use of that force to hinder the +meeting and acting of the legislative, when the original +constitution or the public exigencies shall require it, the people +have a right to reinstate their legislative in the exercise of +their power: For having erected a legislative, with an intent they +should exercise the power of making laws, either at certain set +times or when there is need of it, if they are hindered by any +force from what is so necessary to the society, and wherein the +safety and preservation of the people consists, they have a right +to remove it by force." From this instance of the dissolution of +the assembly of this province, as well as that of the suspension +of the legislative of New York, for refusing to execute an act of +parliament, requiring them to give and grant away their own and +their constituents money for the support of a standing army, +posterity will form a judgment of the temper of the British +administration at that time: Whether a different disposition has +since prevailed, will appear from the measures they have taken in +general; and particularly from the answers to the addresses, +petitions and remonstrances which we have lately seen. One would +have thought that the American legislative assemblies had become +too harmless bodies to have been the object of ministerial rage, +since the passing of acts of parliament for the sole purpose of +raising revenues at the expence of the colonists, without their +consent, and for appropriating those revenues as they should think +proper. The most essential Rights of American legislation, are +those of raising and applying their own monies for the support of +their own government, and for their own defence: By the late +revenue acts, these rights are in effect superseded; the +parliament having already granted, such sums as they please, out +of the purses of the colonists, for the same purposes. Thus the +shadow of legislation only remains to them: Their importance is at +an end. They may indeed, as the Pennsylvania farmer observes, +whose works I wish every American would read over again, "They may +perhaps be allowed to make laws for yoking of hogs or pounding of +stray cattle: Their influence will hardly be permitted to extend +so high as the keeping roads in repair; as that business may more +properly be executed by those who receive the public cash." Their +substantial rights and powers, lord Hillsborough himself should know, +are as really annihilated by these acts, as they would be, if they +were deprived of all existence. "Upon what occasion, says that elegant +writer, will the crown ever call our assemblies together, when, the +charges of the administration of justice, the support of civil +government, and the expences of protecting, defending and securing us, +are provided for" by the parliament? "Some few of them may meet of +their own accord, by virtue of their several charters: But what will +they have to do when they are met? To what shadows will they be +reduced? The men, whose deliberations heretofore, had an influence on +every matter relating to the liberty and happiness of themselves and +their constituents, and whose authority in domestic affairs at least, +might well be compared to that of Roman senators, will find their +determinations to be of no more consequence than that of constables." +- And this will not be the utmost extent of our misery and infamy + +CANDIDUS. + + + +TO ARTHUR LEE. + +[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is +in R. H. Lee, Life of Arthur Lee, vol. ii., pp. 177-183.] + +BOSTON Sept 27 1771 + +SIR + +I am greatly indebted to you for your several Letters of [the 10th +and 14th of June]. + +To let you know that I am far from being inattentive to the favors +you have done me I inclose you a Letter I wrote you some time past, +but was prevented putting it in the Bag by an Accident. I have since +been confind to my house by Sickness & by a late Excursion into the +Country I have fully recoverd my Health. + +I take particular Notice of the Reasons you assign for a whole +Session of parliamt being spent without one offensive Measure to +America. You account for our being flatterd that all Designs against +the Charter of the Colony are laid aside, in a manner perfectly +corresponding with the Sentiments I had preconceivd of it. The +opinion you have formd of the ruling men on both sides the Atlantick, +is exactly mine and as I have the most unfavorable Idea of the Heads +or the Hearts of the present Administration, I cannot hope for much +Good from the Services of any man who can submit to be dependent on +them. + +I was pleasd with the petition & remonstrance of the City of London - +but are not the Ministry lost to all Sensibility to the peoples +Complaints, & like the Egyptian Tyrant, do they not harden their +Hearts against their repeated Demands for a redress of Grievances. +Does it not fully appear not only that they neither fear God nor +regard Man, but that they are not even to be wearied, as one of their +ancient predecessors was, by frequent Applications. What do you +conceive to be the Step next to be taken by an abused people? For +another must be taken either by the ministry or the people or in my +opinion the nation will fall into that ruin of which they seem to me +to be now at the very precipice. May God afford them that Prudence, +Strength & fortitude by which they may be animated to maintain their +own Liberties at all Events. By your last letter you appear to resolve +well; if ever the Spirit of impeaching should rise in Britain. But how +is it possible such a Spirit should rise. In all former Struggles the +House of Commons has naturally taken Sides with the people against +oppressing Ministers & Favorites. But whether that is the Case at +present or not, is no secret to the World. We have indeed heard little +of the Business of impeaching since the Revolution. A corrupt +ministerial Influence has been gradually & too insensibly increasing +from that OEra, & is at length become so powerful (for which I think +the Nation is particularly beholden to Sir R. Walpole) as to render it +impracticable to have even one capital Object of the peoples just +Vengeance impeachd. The proposals you were so kind as [to] favor me +with, I cannot but highly approve of. I communicated them to two or +three intimate & judicious friends who equally approvd of them. But +they cannot be carried into Execution till the present parliamt is at +an End. And if it is not to be dissolvd before the End of its +septennial Duration, is it not to be feard that before its Expiration +there will be an End of Liberty. If I mistake not there is an Act of +parliamt whereby the Seats of placemen and pensioners in the House of +Commons (who were not such at the time of their Election) shall be +vacated, & their Electors have a right to the Choice of another if +they see proper. Perhaps there never was a time when the Advantages of +this Law were more apparent. Would it not then be doing the most +important Service to the Cause of Liberty if the Gentlemen of the Bill +of Rights, who I pray God may be united in their Councils, would exert +their utmost Influence to prevail upon the Constituents of such rotten +Members to claim that privilege & make a good Use of it? If there is +any Virtue among the people, I should think this might easily be done. +If it be impracticable, I fear another general Election wd only serve +to convince all of what many are apprehensive, that there is a total +Depravation of principles & manners in the Nation, or in other Words +that it is already irrecoverably undone. + +We are in a State of perfect Despotism. Our Governmt is essentially +alterd. Instead of having a Gov exercising Authority within the Rules +& Circumscription of the Charter which is the Compact between the King +& the People, & dependent upon the people for his Support, we have a +Man with the Name of a Governor only. He is indeed commissiond by the +King, but under the Controul of the Minister, to whose Instrucctions +he yields an unlimitted Obedience, while he is subsisted with the +Money of that very people who are thus governd, by virtue of an +Assumd Authority of the British Parliament to oblige them to grant +him such an annual Stipend as the King shall order. Can you tell me +who is Governor of this province? Surely not Hutchinson, for I cannot +conceive that he exercises the power of judging vested in him by the +Constitution, in one Act of Govt which appears to him to be +important. The Govt is shifted into the Hands of the Earl of +Hillsborough whose sole Councellor is the Nettleham Baronet. Upon +this Governor aided by the Advice of this Councellor depends the time +& place of the Sitting of the legislative Assembly or whether it +shall sit at all. If they are allowd to sit, they are to be dictated +by this duumvirate, thro the Instrumentality of a third, & may be +thrown out of Existence for failing in one point to conform to their +sovereign pleasure, a Legislative to be sure worthy to be boasted of +by a free people. If our nominal Governor by all the Arts of +perswasion, can prevail upon us to be easy under such a Mode of +Government, he will do a singular piece of Service to his Lordship, +as it will save him the trouble of geting our Charter vacated by the +formal Decision of parliamt & the tedious process of Law. + +The Grievances of Britain & the Colonies as you observe spring from +the same root of Bitterness & are of the same pernicious Growth. The +Union of Britain & the Colonies is therefore by all means to be +cultivated. If in every Colony Societies should be formd out of the +most respectable Inhabitants, similar to that of the Bill of Rights, +who should once in the year meet by their Deputies, and correspond +with such a Society in London, would it not effectually promote such +an Union? And if conducted with a proper spirit, would it not afford +reason for the Enemies of our common Liberty, however great, to +tremble. This is a sudden Thought & drops undigested from my pen. It +would be an arduous Task for any man to attempt to awaken a +sufficient Number in the Colonies to so grand an Undertaking. Nothing +however should be despaird of. + +If it should ever become a practicable thing to impeach a corrupt +Administration I hope the Minister who advisd to the introducing +arbitrary power into America will not be overlookd. Such a Victim I +imagine will make a figure equal to Lord Strafford in the Reign of +Charles, or de le Pole & others in former times. "The Conduct of the +Judges touching 'Juries" appears to be alarming on both sides of the, +Water & ought to be strictly enquired into. And are they not +establishing the civil Law which Mr Blackstone says is only permitted +in England to the prejudice of the Common Law, the Consequence of +which will prove fatal to the happy Constitution. I observe that one +of your proposals is that a Law may be made "subjecting each Candidate +to an Oath against having used Bribery" to obtain his Election. Would +there not be a danger that a Law by which a Candidate may purge +himself by his Oath would exclude some other more certain Evidence +than the Oath of one who has already prostituted his Conscience for a +Seat than his own Declaration of his Innocence even upon Oath? I am of +opinion that He who can be so sordid as to gain an Election by Bribery +or any other illegal means, must be lost to all such feelings as those +of Honor or Conscience or the Obligation of an Oath. With Regard the +Grievances of the Americans it must be owned that the Violation of +the essential Right of taxing themselves is a Capital one. This Right +is founded in Nature. It is unalienable & therefore it belongs to us +exclusively. The least Infringement on it is Sacrilege. But there +are other Methods taken by Lord Hillsbro & punctually put into +Execution by Govr Hutchinson, which in my Opinion would give a mortal +Stab to Our essential Rights, if the Parliament had not by their +declaratory Act claimd Authority to make use of our money to +establish a standing army over us & an host of pensioners and +placemen civil & ecclesiastical, which are as terrible as an Army of +Soldiers. And if the Commons of this province cannot impeach, we have +nothing to rely upon but the Interposition of our friends in Britain, +or the ultima Ratio. + +Inclosd you have a Copy of the protests of divers patriotick +Clergymen in Virginia against an Episcopate in America. It is part of +the plan the design of which is to secure a ministerial Influence in +America, which in all Reason is full strong enough without the Aid of +the Clergy. The Junction of the Cannon & the feudal Law you know has +been fatal to the Liberties of Mankind. The Design of the first +Settlers of New England in particular was to settle a plan of govt +upon the true principles of Liberty in which the Clergy should have +no Authority. It is no Wonder then that we should be alarmd at the +Designs of establishing such a power. It is a singular pleasure to us +that the Colony of Virginia tho episcopalian should appear against it +as you will see by the Vote of thanks of the House of Burgesses to +the protesting Gentlemen; they declare their protest to be "a wise & +well timed opposition." I wish it could be publishd in London. I had +the pleasure of knowing Mr Hewet who was in this Town about two years +ago in Company with Mr Eyre of Northhampton County, in Virginia, who +is a member of the House of Burgesses. I did not then know that Mr +Hewet was a Clergyman. + +I fear I have tired your patience & conclude by assuring you that I +am in strict Truth +Sir Your friend & hume servt + +P.S.-The Bearer hereof is William Story Esqr formerly of this Town, +but now of Ipswich a Town about 30 Miles East. He was Deputy Register +in the Court of Vice Admiraltry before & at the time of the Stamp Act +& would then have given up the Place as he declared but his Friends +advisd him against it - he sufferd the Resentment of the people on the +26 of August 1765, together with Lt Govr Hutchinson & others for which +he was recompencd by the Genl Assembly, as he declares in part only. +He tells me that his Design in going home is to settle an Affair of +his own relating to the Admiraltry Court, in which the Commissioners +of the Customs as he says declare it is out of their power to do him +Justice. One would think it was never in their Power or Inclination to +do any man Justice. Mr Story has always professd himself a Friend to +Liberty for many years past. I tell him that I make no doubt but you +will befriend him as far as shall be in your power in obtaining +Justice, in which you will very much oblige, + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, September 30, 1771.] + +Messieurs EDES & GILL, + +A General Assembly, when actuated with a becoming spirit of public +liberty against the attacks of arbitrary and despotic ministers, +appeared to be as disgustful to Gov. Bernard, as parliaments were to +James the first; with whom it was even an aphorism that the lords and +commons were two bad co-partners with a monarch: Having got rid of +such a troublesome assembly at least for one year, he was more at +leisure, in conjunction with the commissioners of the customs and his +other confederates, to attend to the plan which their hearts had been +long set upon, of introducing into the province a military power for +their aid. -Accordingly every little occurrence, which a man of sense +who had no political designs in view would not have thought worth his +notice such as frequently happen in the most orderly cities, was +gathered up with uncommon industry and made the subject of +representation to the ministry - He even descended so low as to give +lord Hillsborough a detail of the diversion of a few boys in the +street with a drum, which at no time is unusual in populous places, +and pictured it to his lordship, who, it seems gave it its full +weight, as a prelude to a designed insurrection, in which "persons of +all kinds, sexes and ages," were to bear their part - The common +amusements of children were construed rebellion, and his lordship had +minute accounts of them sent to him by this busy journalist, as +grounds upon which he might form measures of administration. But his +letters, together with those of general Gage and commodore Hood, and +the memorials, &c. of the commissioners of the customs, have already +been sufficiently animadverted upon-" No one, says the town of +Boston, in a pamphlet, entitled, An appeal to the World,2 can read +them without being astonished at seeing a person in so important a +department as governor Bernard sustained, descending in his letters +to a minister of state to such trifling circumstances and such +slanderous chit-chat: Boasting as he does in one of them of his +over-reaching those with whom he was transacting publick business; +and in order to prejudice the most respectable bodies, meanly +filching from individuals belonging to those bodies, what had been +drop'd in the course of business or debate: Journalizing every idle +report bro't to him, and in short acting the part of a pimp rather +than a governor." Sufficient however were they finally to prevail +upon administration, which had before been full ready eno' to employ +the military force in England, to order four regiments and part of a +fifth, for the preservation of the peace in the town of Boston. The +only disorders in the town that could give any colouring to measures +so severe, and not more severe than unjustifiable by the constitution, +happened on the 18th of March and 10th of June, 1768 - The first was +nothing more than the parading of the lower sort of people thro' the +streets at the close of an anniversary festivity; when no injury was +offered to any person whatever, no harm was done, nor did even Governor +Bernard himself pretend that any was intended. General Gage, in a +letter to Lord Hillsborough, mentioned this disorder as "trifling." +The other was occasioned by the unprecedented and unlawful manner of +seizing a vessel by the collector and comptroller - His Majesty's +Council after full enquiry into this disorder and the cause of it, +declared, that it "was occasioned by the making a seizure (in a +manner unprecedented) in the town of Boston on the 10th of June,1 a +little before sun-set, when a vessel was seized by the officers of +the customs; and immediately after, upon a signal given by one of +said officers, in consequence of a preconcerted plan, several armed +boats from the Romney man-of-war took possession of her." - The +officers who made the seizure were insulted, some of the windows of +their dwelling houses were broke, and other disorders were committed +- But the council further declared, that it was "highly probable that +no such disorders would have been committed if the vessel had not +been with an armed force and with many circumstances of insults & +threats carried away from the wharf." They also say, that the +disorder "seemed to spring wholly from the persons who complained of +it," and that it "was probable that an uproar was hoped for, and +intended to be occasioned by the manner of proceeding in making the +seizure." This representation of the matter was made by those very +gentlemen, of whom governor Bernard not above 3 or 4 months before, +had given this ample testimony to Lord Hillsborough; that "they had +shown great attention to the support of government," and "upon many +occasions a resolution and steadiness in promoting his Majesty's +service, which would have done honor to his Majesty's appointment, if +they had held their places under it:" And to whom he about the same +time very warmly returned his thanks, "for their steady, uniform and +patriotic conduct, which had shown them impressed with a full +sense of their duty both to their king & their country." A +representation of matters of fact, made by gentlemen whom governor +Bernard had so highly applauded for their attention to the support of +government, and resolution and steadiness in promoting his majesty's +service, must surely meet with full credit with the friends of +government; and induce a conclusion, even in their minds, that if +there was a necessity of troops in the town of Boston to keep the +peace, it arose not from the "madness of the people," (a decent +expression of General Gage) but altogether from the extravagance +of the servants of the crown; who after a preconcerted plan, according +to the account given by the council, hoped for, and intended that an +uproar should be occasion'd, by the manner of their proceeding with +an armed force, and many circumstances of insult and threats in making +a seizure. -This disturbance, after a few hours, wholly subsided, thro' +the interposition of the inhabitants of the town, & no great mischief +was done; yet the most aggravated accounts were given of it by the Cabal, +to answer their own purposes. The Romney ship of war, had before been +ordered by commodore Hood to this place, in consequence of +information sent to him of a factious and turbulent spirit among the +people. The captain thought it his duty to acquaint the commodore of +this fresh disturbance; and the Beaver sloop, being then in the +harbour, and preparing for her station at Philadelphia, was remanded +back to Halifax for that purpose, and with such speed as to be +obliged to leave part of her provisions behind - Large packets were +sent by this vessel to the commodore, and others for England, where +it was proposed by the cabal she should be immediately dispatched +from Halifax. The comptroller of the customs embark'd on board the +same sloop very privately, by whom letters in abundance were sent to +London. In these letters a number of gentlemen, who were called the +leaders of the faction, were proscribed. Some of the cabal could not +conceal their designs; for it was even then given out by them, that +troops would probably soon arrive from Halifax, and that two +regiments of Irish troops were to be sent to this town; all which +accordingly took place in about four months afterwards, being the +time in which they might have been expected by orders of the ministry +in consequence of these letters. Indeed we have since been made +certain by a publication of their own letters, that they had +earnestly sollicited the sending of troops about this time. The +commissioners of the customs in a letter to the lords of the +treasury, acquainted that board "that there had been a long concerted +and extensive plan of resistance to the authority of Great Britain, +and that the seizure had hastened the people to the commission of +actual violence sooner than was intended" and further, "that nothing +but the exertion of military power would prevent an open revolt in +this town, which would probably spread throughout the provinces." The +collector and comptroller in their letters upon this occasion to the +commissioners, which was laid before administration tell their +honors, "that it appeared evident to them that a plan of insurrection +of a very dangerous and extensive nature had long been in +agitation, & now brought nearly to a crisis." But it is needless to +repeat the many exaggerated accounts given by the governor and his +confederates, of this occurrence, which on the part of the people was +altogether unexpected; and as the Council observed, "seem'd to have +sprang wholly from the persons who complained of it." - To crown all, +the Commissioners pretended that "they had reason to expect further +violences," and fled, Bernard says in a letter to lord Hillsborough, +"were driven" to Castle William; where they represented to the lords +of the treasury that the "protection afforded them by Commodore Hood, +viz, the Romney and one or two sloops of war, was the most +seasonable, as without it they should not have considered themselves +(even there) in safety, nor his Majesty's Castle secured from falling +into the hands of the people," and "that it was impossible for them +to set foot in Boston, until there were two or three regiments in the +town, to restore and support government." - However true it may be, +that the Commissioners had rendered themselves the objects of the +publick resentment, which their letters and memorials have had no +tendency to abate, they never had been, to use an expression of Gov. +Bernard, the objects of popular fury; not the least injury had ever +been offer'd to their persons or property. They had landed without +opposition, and had lived in the town many months, if despis'd and +hated, yet unmolested: For this we have the testimony of his +Majesty's Council; "They were not, say they, oblig'd to quit the town +- it was a voluntary act of their own - there never had been any +insult offer'd Them - and when they were at the Castle there was +no occasion for men of war to protect them." And even after their +voluntary flight, they often made excursions upon the main, for the +purpose of amusement and recreation, for which, having quitted the +severe exercises of their employment in the town, they now had +sufficient leisure: There, they might easily have been insulted if +there had been any such disposition in the people. It has long been +evident that all this pretended apprehension of danger, and their +flight first to the Romney ship of war, and then to the castle for +protection, was intended to cooperate with & confirm the letters and +memorials sent home, and to facilitate the prosecution of their design. +Such were the methods us'd by a restless set of men, to hold up this +town and province, to the nation and to the world, in a false and +odious light. It was therefore peculiarly incumbent upon all, and those +persons especially, who were entrusted by the publick, to be vigilant +for it, at a time when they who were seeking its ruin, were +remarkably attentive to and active in prosecuting their plans. And +can any one say there is reason to think that a minister of the +temper of Lord H---h, perpetually acted upon by the implacable hatred +of Bernard, has yet abandon'd, or is likely to abandon, his favorite +system, while there is ONE left on this side the water who is ready +to put it in execution? - No - The disputes with the court of Spain +and the city of London during the late session of parliament, may +have prov'd so embarrassing to A---n as to have caus'd a suspension +of the execution of it for a while; but to trust that it is therefore +wholly laid aside, is a degree of credulity and infatuation, which I +hope will never be impos'd by any man on this country. Great pains we +know are taken to perswade and assure us, that as long as we continue +quiet, nothing will be done to our prejudice: But let us beware of +these soothing arts. - Has anything been done for our relief? - Has +any one grievance which we have complained of been redressed? On the +contrary, are not our just causes of complaint and remonstrance daily +increasing, at a time when we were flattered that a change of men +would produce a change of measures? Have our petitions for the +redress of grievances ever been answered or even listened to? If not, +what can be intended by all the fair promises made to us by tools and +sycophants, but to lull us into that quietude and sleep by which +slavery is always preceeded. - While treachery and imposition is the +fort of any man, let us remember, there is always most danger when +his professions are warmest. + +CANDIDUS. + + +1See Vol. I., page 396. +2 See Vol. I., page 245. + + + +TO ARTHUR LEE. + +[R. H. Lee, Life of Arthur Lee, vol. ii., p. 183.] + +BOSTON, Oct. 2d, 1771. + +SIR, + +I have already written to you by this conveyance, and there mentioned +to you Mr. Story, a gentleman to whose care I committed that letter. +I have since heard that he has a letter to Lord Hillsborough from +Gov. Hutchinson, which may possibly recommend him for some place by +way of compensation for his joint sufferings with the governor. I do +not think it possible for any man to receive his lordship's favour, +without purchasing it by having done or promising to do some kind of +jobs. If Mr. Story should form connexions with administration upon +any principles inconsistent with those of a friend to liberty, he +will then appear to be a different character from that which I +recommended to your friendship. I mention this for your caution, and +in confidence; and am with great regard sir, your humble servant, + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, October 7, 1771.] + +Messieurs EDES & GILL, +Instead of voted Aid, + +"Th' illegal imposition followed harsh +With Execration given, or ruthless squeez'd +From an insulted People." +THOMPSON. + +I Think it necessary the publick should be inform'd, that his +Excellency Thomas Hutchinson, Esq; Governor of this Province, has +lately receiv'd, a warrant from the Lords of the Treasury in England, +for the Sum of Twenty-two Hundred and fifty Pounds Sterling for his +Services for one year and a half, being at the rate of Fifteen +Hundred Sterling or Two Thousand L. M. per Ann. - The payment is to +be made out of the Commissioners Chest; wherein are reposited the +Treasures that are daily collected, tho' perhaps insensibly, from the +Earnings and Industry of the honest Yeomen, Merchants and Tradesmen, +of this continent, against their Consent; and if his friends speak the +truth, against his own private judgment. - This treasure is to be +appropriated according to the act of parliament so justly and loudly +complain'd of by Americans, for the support of civil government, the +payment of the charges of the administration of justice, and the +defence of the colonies: And it may hereafter be made use of, for the +support of standing armies and ships of war; episcopates & their +numerous ecclesiastical retinue; pensioners, placemen and other +jobbers, for an abandon'd and shameless ministry; hirelings, pimps, +parasites, panders, prostitutes and whores - His Excellency had +repeatedly refused to accept the usual Salary out of the treasury of +this province; which leads us to think that his eminent patron the +Earl of Hillsborough, or his most respected friend Sir Francis +Bernard, who is ever at his Lordship's elbow, had given him certain +information that this honorable stipend would be allow'd to him - +Whether he tho't the generous grant of a thousand sterling, annually +made to his predecessors, and offer'd to him, by the assembly, not +adequate to his important services to the province in supporting and +vindicating its charter and constitutional rights and liberties; or +whether he was forbid by instruction from his Lordship to receive it, +which is probable from his own words, "I could not consistent with my +duty to the King"; or lastly, and which is still more probable, +Whether he was ambitious of being, beyond any of his predecessors, a +Governor independent of the free grants of the assembly, which is no +doubt reconcileable with his Excellency's idea of a constitutional +governor of a free people, are matters problematical. - Adulating +Priestlings and others, who have sounded his high praises in the +news-papers, and in the church of God, as well as in other solemn +assemblies, may perhaps echo the fallacious reasoning from one of his +publick speeches, "The people will not blame (him) for being willing +to avoid burdening them with his support, by the increase of the tax +upon their polls and estates," since it is now "provided for another +way." In all ages the supercilious part of the clergy have adored the +Great Man, and shown a thorough contempt of the understanding of the +people. But the people, and a great part, I hope, of the clergy of +this enlightened country, have understanding enough to know, that a +Governor independent of the people for his support, as well as his +political Being, is in fact, a MASTER; and may be, and probably, such +is the nature of uncontroulable power, soon will be a TYRANT. It will +be recorded by the faithful historian, for the information of +posterity, that the first American Pensioner - the first independent +Governor of this province, was, not a stranger, but one "born and +educated" in it - Not an ANDROSS or a RANDOLPH; but that cordial +friend to our civil constitution -that main Pillar of the Religion +and the Learning of this country; the Man, upon whom she has, (I will +not say wantonly) heaped all the Honors she had to bestow - +HUTCHINSON!! - We are told that the Justices of the Superior Court +are also to receive fixed salaries out of this American revenue! - +"Is it possible to form an idea of slavery, more compleat, more +miserable, more disgraceful, than that of a people, where justice is +administer'd, government exercis'd, and a standing army maintain'd, at +the expence of the people, and yet without the least dependence upon +them? If we can find no relief from this infamous situation" - I +repeat it, "If we can find no relief from this infamous situation ", +let the ministry who have stripped us of our property and liberty, +deprive us of our understanding too; that unconscious of what we have +been or are, and ungoaded by tormenting reflections, we may tamely bow +down our necks, with all the stupid serenity of servitude, to any +drudgery which our lords & masters may please to command" - I appeal +to the common sense of mankind. To what a state of misery and infamy +must a people be reduced! To have a governor by the sole +appointment of the crown, under the absolute controul of a weak and +arbitrary minister, to whose dictates he is to yield an unlimited +obedience, or forfeit his political existence while he is to be +supported at the expence of the people, by virtue of an authority +claimed by strangers, to oblige them to contribute for him such an +annual stipend, however unbounded, as the crown shall be advised to +order! If this be not a state of despotism, what is? Could such a +governor, by all the arts of persuasion, prevail upon a people to be +quiet and contented under such a mode of government, his noble patron +might spare himself the trouble of getting their Charter vacated by a +formal decision of parliament, or in the tedious process of law - +Whenever the relentless enemies of America shall have compleated their +system, which they are still, though more silently pursuing, by subtle +arts, deep dissimulation, and manners calculated to deceive, our +condition will then be more humiliating and miserable, and perhaps +more inextricable too, than that of the people of England in the +infamous reigns of the Stuarts, which blacken the pages of history; +when, + +"Oppression stalk'd at large and pour'd abroad +Her unrelenting Train; Informers - Spies - +Hateful Projectors of aggrieving Schemes +To sell the starving many to the few, +And drain a thousand Ways th' exhausted Land... +And on the venal Bench +Instead of Justice, Party held the Scale, +And Violence the Sword." + +Your's, +CANDIDUS. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, October 14, 1771.] + +Messieurs EDES & GILL, + +"Ambition saw that stooping Rome could bear +A MASTER, nor had Virtue to be free." + +I Believe that no people ever yet groaned under the heavy yoke of +slavery, but when they deserv'd it. This may be called a severe +censure upon by far the greatest part of the nations in the world who +are involv'd in the misery of servitude: But however they may be +thought by some to deserve commiseration, the censure is just. +Zuinglius, one of the first reformers, in his friendly admonition to +the republic of the Switzers, discourses much of his countrymens +throwing off the yoke: He says, that they who lie under oppression +deserve what they suffer, and a great more; and he bids them perish +with their oppressors. The truth is, All might be free if they valued +freedom, and defended it as they ought. Is it possible that millions +could be enslaved by a few, which is a notorious fact, if all +possessed the independent spirit of Brutus, who to his immortal +honor, expelled the proud Tyrant of Rome, and his "royal and +rebellious race?" If therefore a people will not be free; if they +have not virtue enough to maintain their liberty against a +presumptuous invader, they deserve no pity, and are to be treated +with contempt and ignominy. Had not Caesar seen that Rome was ready +to stoop, he would not have dared to make himself the master of that +once brave people. He was indeed, as a great writer observes, a +smooth and subtle tyrant, who led them gently into slavery; "and on +his brow, 'ore daring vice deluding virtue smil'd". By pretending to +be the peoples greatest friend, he gain'd the ascendency over them: +By beguiling arts, hypocrisy and flattery, which are even more fatal +than the sword, he obtain'd that supreme power which his ambitious +soul had long thirsted for: The people were finally prevail'd upon to +consent to their own ruin: By the force of perswasion, or rather by +cajoling arts and tricks always made use of by men who have ambitious +views, they enacted their Lex Regia: whereby Quod placuit principi +legis habuit vigorem; that is, the Will and pleasure of the Prince +had the force of law. His minions had taken infinite pains to paint +to their imaginations the god-like virtues of Caesar: They first +persuaded them to believe that he was a deity, and then to sacrifice +to him those Rights and Liberties which their ancestors had so long +maintained, with unexampled bravery, and with blood & treasure. By +this act they fixed a precedent fatal to all posterity: The Roman +people afterwards, influenced no doubt by this pernicious example, +renew'd it to his successors, not at the end of every ten years, but +for life. They transfer'd all their right and power to Charles the +Great: In eum transtulit omne suum jus et poteslatem. Thus, they +voluntarily and ignominiously surrendered their own liberty, and +exchanged a free constitution for a TYRANNY! + +It is not my design at present to form the comparison between the +state of this country now, and that of the Roman Empire in those +dregs of time; or between the disposition of Caesar, and that of ---; +The comparison, I confess, would not in all parts hold good: The +Tyrant of Rome, to do him justice, had learning, courage, and great +abilities. It behoves us however to awake and advert to the danger we +are in. The Tragedy of American Freedom, it is to be feared is nearly +compleated: A Tyranny seems to be at the very door. It is to little +purpose then to go about cooly to rehearse the gradual steps that +have been taken, the means that have been used, and the instruments +employed, to encompass the ruin of the public liberty: We know them +and we detest them. But what will this avail, if we have not courage +and resolution to prevent the completion of their system? + +Our enemies would fain have us lie down on the bed of sloth and +security, and persuade ourselves that there is no danger They are +daily administering the opiate with multiplied arts and delusions, +and I am sorry to observe, that the gilded pill is so alluring to +some who call themselves the friends of Liberty. But is there no +danger when the very foundations of our civil constitution tremble? - +When an attempt was first made to disturb the corner-stone of the +fabrick, we were universally and justly alarmed: And can we be cool +spectators, when we see it already removed from its place? With what +resentment and indignation did we first receive the intelligence of a +design to make us tributary, not to natural enemies, but infinitely +more humiliating, to fellow subjects? And yet with unparallelled +insolence we are told to be quiet, when we see that very money which +is torn from us by lawless force, made use of still further to +oppress us - to feed and pamper a set of infamous wretches, who swarm +like the locusts of Egypt; and some of them expect to revel in wealth +and riot on the spoils of our country. - Is it a time for us to sleep +when our free government is essentially changed, and a new one is +forming upon a quite different system? A government without the least +dependance upon the people: A government under the absolute controul +of a minister of state; upon whose sovereign dictates is to depend +not only the time when, and the place where, the legislative assembly +shall sit, but whether it shall sit at all: And if it is allowed to +meet, it shall be liable immediately to be thrown out of existence, +if in any one point it fails in obedience to his arbitrary mandates. +Have we not already seen specimens of what we are to expect under +such a government, in the instructions which Mr. HUTCHINSON has +received, and which he has publickly avow'd, and declared he is bound +to obey? - By one, he is to refuse his assent to a tax-bill, unless +the Commissioners of the Customs and other favorites are exempted: +And if these may be freed from taxes by the order of a minister, may +not all his tools and drudges, or any others who are subservient to +his designs, expect the same indulgence? By another he is to forbid +to pass a grant of the assembly to any agent, but one to whose +election he has given his consent; which is in effect to put it out +of our power to take the necessary and legal steps for the redress of +those grievances which we suffer by the arts and machinations of +ministers, and their minions here. What difference is there between +the present state of this province, which in course will be the +deplorable state of all America, and that of Rome, under the law +before mention'd? The difference is only this, that they gave their +formal consent to the change, which we have not yet done. But let us +be upon our guard against even a negative submission; for agreeable +to the sentiments of a celebrated writer, who thoroughly understood +his subject, if we are voluntarily silent, as the conspirators would +have us to be, it will be consider'd as an approbation of the change. +"By the fundamental laws of England, the two houses of parliament in +concert with the King, exercise the legislative power: But if the two +houses should be so infatuated, as to resolve to suppress their +powers, and invest the King with the full and absolute government, +certainly the nation would not suffer it." And if a minister shall +usurp the supreme and absolute government of America, and set up his +instructions as laws in the colonies, and their Governors shall be so +weak or so wicked, as for the sake of keeping their places, to be +made the instruments in putting them in execution, who will presume +to say that the people have not a right, or that it is not their +indispensible duty to God and their Country, by all rational means in +their power to RESIST THEM. + +"Be firm, my friends, nor let UNMANLY SLOTH +Twine round your hearts indissoluble chains. +Ne'er yet by force was freedom overcome. +Unless CORRUPTION first dejects the pride, +And guardian vigour of the free-born soul, +All crude attempts of violence are vain. +Determined, hold +Your INDEPENDENCE; for, that once destroy'd, +Unfounded Freedom is a morning dream." + +The liberties of our Country, the freedom of our civil constitution +are worth defending at all hazards: And it is our duty to defend them +against all attacks. We have receiv'd them as a fair Inheritance from +our worthy Ancestors: They purchas'd them for us with toil and danger +and expence of treasure and blood; and transmitted them to us with +care and diligence. It will bring an everlasting mark of infamy on +the present generation, enlightned as it is, if we should suffer them +to be wrested from us by violence without a struggle; or be cheated +out of them by the artifices of false and designing men. Of the +latter we are in most danger at present: Let us therefore be aware of +it. Let us contemplate our forefathers and posterity; and resolve to +maintain the rights bequeath'd to us from the former, for the sake of +the latter. - Instead of sitting down satisfied with the efforts we +have already made, which is the wish of our enemies, the necessity of +the times, more than ever, calls for our utmost circumspection, +deliberation, fortitude and perseverance. Let us remember, that "if +we suffer tamely a lawless attack upon our liberty, we encourage it, +and involve others in our doom." It is a very serious consideration, +which should deeply impress our minds, that millions yet unborn may +be the miserable sharers in the event. + +CANDIDUS. + + + +ARTICLE SIGNED “VALERIUS POPLICOLA."1 + +[Boston Gazette, October 28, 1771; the text is also in W. V. Wells, +Life of Samuel Adams, vol. 1., pp. 427-432.] + +Messieurs EDES & GILL, + +THE writer of the history of Massachusetts Bay tells us, that "our +ancestors apprehended the acts of trade to be an invasion of the +rights, liberties and properties of the subjects of his Majesty in +the colony, they not being represented in parliament; and according +to the usual sayings of the learned in the law, the laws of England +were bounded within the four seas, and did not reach America. +However, they made provision by an act of the colony, that they, i.e. +the acts of trade should be strictly attended from time to time" - + +The passing of this law of the colony, and thus making it an act of +their own legislature, he says, "plainly shows the wrong sense they +had of the relation they stood in to England " - And he further adds, +that "tho' their posterity have as high notions of English Liberties +as they had, yet they are sensible that they are Colonists, and +therefore subject to the controul of the parent state." As I am not +disposed to yield an implicit assent to any authority whatever, I +should have been glad if this historian, since he thought proper to +pronounce upon so important a matter, had shown us what was the +political relation our ancestors stood in to England, and how far, if +at all, their posterity are subject to the controul of the parent +state. - If he had vouchsafed to have done this, when he published his +history, he would have rendered the greatest service both to +Great-Britain and America, and eased the minds of multitudes who have +been unsatisfied in points of such interesting importance. + +Mr. Locke, in his treatise on government discovers the weakness of +this position, That every man is born a subject to his Prince, and +therefore is under the perpetual tie of subjection and allegiance; +and he shows that express consent alone, makes any one a member of +any commonwealth. He holds that submission to the laws of any country, +& living quietly & enjoying privileges & protection under them, does +not make a man a member of that society, or a perpetual subject of +that commonwealth, any more than it would make a man subject to +another, in whose family he found it convenient to abide for some +time, tho' while he continued under it, he were obliged to comply with +the laws, and submit to the government he found there. Every man was +born naturally free; nothing can make a man a subject of any +commonwealth, but his actually entering into it by positive +engagement, and express promise & compact. + +If the sentiments of this great man are well grounded, our historian +before he asserted so peremptorily that the ancestors of this country +as colonists were subject to the controul of the parent state, should +have first made it appear that by positive engagement, or express +promise or contract, they had thus bound themselves. + +Every man being born free, says another distinguished writer, the son +of a citizen, arrived at the years of discretion, may examine whether +it be convenient for him to join in the society for which he was +destined by birth. If he finds that it will be no advantage for him +to remain in it, he is at liberty to leave it, preserving as much as +his new engagements will allow him, the love and gratitude he owes +it.2 He further says, "There are cases in which a citizen has an +absolute right to renounce his country, and abandon it for ever"; +which is widely different from the sentiment of the historian, that +"allegiance is not local, but perpetual and unalienable": And among +other cases in which a citizen has this absolute right, he mentions +that, when the sovereign, or the greater part of the nation will +permit the exercise of only one religion in the state; which was the +case when our ancestors forsook their native country. + +They were denied the rights of conscience. They left, it however with +the consent of the nation: It is allowed by this historian that they +departed the kingdom with the leave of their prince. They removed at +their own expence and not the nation's, into a country claimed and +possessed by independent princes, whose right to the lordship and +dominion thereof has been acknowledged by English kings; and they +fairly purchased the lands of the rightful owners, and settled them +at their own and not the nation's expence. It is incumbent then upon +this historian to show, by what rule of equity or right, unless they +expressly consented to it, they became subject to the controul of the +parent state. - The obligation they had been under to submit to the +government of the nation, by virtue of their enjoyment of lands which +were under its jurisdiction, according to Mr. Locke, began and ended +with the enjoyment. That was but a tacit consent to the government; +and when by donation, sale or otherwise, they quitted the possession +of those lands, they were at liberty, unless it can be made to appear +they were otherwise bound by positive engagement or express contract, +to incorporate into any other commonwealth, or begin a new one in +vacuis locis, in any part of the world they could find free and +unpossessed. - They entered into a compact, it is true, with the king +of England, and upon certain conditions become his voluntary +subjects, not his slaves. But did they enter into an express promise +to be subject to the controul of the parent state? What is there to +show that they were any way bound to obey the acts of the British +parliament, but those very acts themselves? Is there any thing but +the mere ipse dixit of an historian, who for ought any one can tell, +design'd to make a sacrifice to the ruling powers of Great-Britain, +to show that the parent state might exercise the least controul over +them as Colonists, any more than the English parliament could +exercise controul over the dominions which the Kings formerly held in +France, or than it can now over the inhabitants of the moon, if there +be any? + +By the charter of this province, the legislative power is in the +Governor, who is appointed by the King, the Council and House of +Representatives. The legislative of any commonwealth must be the +supreme power. But if any edict or instruction of any body else, in +what form soever conceiv'd, or by what power soever backed, can have +the force and obligation of a law in the province which has not its +sanction from that legislative, it cannot be the supreme power. Its +laws however salutary, are liable at any time to be abrogated at the +pleasure of a superior power. No body can have a power to make laws +over a free people, but by their own consent, and by authority +receiv'd from them: It follows then, either that the people of this +province have consented & given authority to the parent state to make +laws over them, or that she has no such authority. No one I believe +will pretend that the parent state receives any authority from the +people of this province to make laws for them, or that they have ever +consented she should. If the people of this province are a part of +the body politick of Great Britain, they have as such a right to be +consulted in the making of all acts of the British parliament of what +nature soever. If they are a separate body politick, and are free, +they have a right equal to that of the people of Great Britain to +make laws for themselves, and are no more than they, subject to the +controul of any legislature but their own. "The lawful power of +making laws to command whole politick societies of men, belongs so +properly unto the same intire societies, that for any prince or +potentate of what kind soever upon earth to exercise the same of +himself, and not by express commission immediately and personally +receiv'd from God, or else from authority deriv'd at the first from +their consent, upon whose persons they impose laws, is no better than +mere tyranny. Laws therefore they are not which publick approbation +hath not made so.3 This was the reason given by our ancestors why +they should not be bound by the acts of parliament, because not being +represented in parliament, the publick approbation of the province +had not made them laws. And this is the reason why their posterity do +not hold themselves rightly oblig'd to submit to the revenue acts now +in being, because they never consented to them. The former, under +their circumstances, thought it prudent to adopt the acts of trade, +by passing a law of their own, and thus formally consenting that they +should be observ'd. But the latter I presume will never think it +expedient to copy after their example. + +The historian tells his readers that "They (the people of this +province) humbly hope for all that tenderness and indulgence from a +British parliament, which the Roman senate, while Rome remain'd free, +shewed to Roman colonies" - Why the conduct of Rome towards her +colonies should be recommended as an example to our parent state, +rather than that of Greece, is difficult to conjecture, unless it was +because as has been observed, the latter was more generous and a +better mother to her colonies than the former. Be that as it may, the +colonists have a right to expect from the parent state all possible +tenderness; not only as they sprang from her, and are subjects of the +same King, but as they have greatly contributed to her wealth & +grandeur: And we are willing to render to her respect and certain +expressions of honor and reverence as the Grecian colonies did to the +city from whence they deriv'd their origin, as Grotius says, so long +as the colonies were well treated. By our compact with our King, +wherein is contain'd the rule of his government and the measure of our +submission, we have all the liberties and immunities of Englishmen, +to all intents, purposes and constructions whatever; and no King of +Great-Britain, were he inclin'd, could have a right either with or +without his parliament, to deprive us of those liberties - They are +originally from God and nature, recognized in the Charter, and +entail'd to us and our posterity: It is our duty therefore to +contend for them whenever attempts are made to violate them. + +He also says that "the people of Ireland were under the same +mistake" with our ancestors; that is, in thinking themselves exempt +from the controul of English acts of parliament. But nothing drops +from his pen to shew that this was a mistake, excepting that +"particular persons in Ireland did pennance for advancing and +adhering to those principles." The same mighty force of reasoning is +used to prove that this colony was mistaken, viz. "They suffer'd the +loss of the charter." Such arguments may serve to evince the power +of the parent state, but neither its wisdom nor justice appears from +them. The sense of the nation however was very different after the +revolution. The House of Commons voted the judgment against the +Charter a Grievance; and a bill was brought in and passed that house +for restoring the Charters, among which that of this province was +expresly mentioned; notwithstanding the mistake abovemention'd was +one great article of charge against it. But the parliament was +proroug'd sooner than was expected, by reason of the King's going to +Ireland. + +Our historian tells his readers by way of consolation, that "it may +serve as some excuse for our ancestors, but they were not alone in +their mistaken apprehensions of the nature of their subjection"; and +he appears to be mighty glad that "so sensible a gentleman as Mr. +Molineux, the friend of Mr. Locke, engag'd in the cause". But we +want no excuse for any supposed mistakes of our ancestors. Let us +first see it prov'd that they were mistakes. 'Till then we must hold +ourselves obliged to them for sentiments transmitted to us so worthy +of their character, and so important to our security: And we shall +esteem the arguments of so sensible, and it might justly be added, +so learned a gentleman as Mr. Molineux, especially as they had the +approbation of his friend Mr. Locke to be valid, while we see +nothing to oppose them, but the unsupported opinion of Mr. +Hutchinson. + +VALERIUS POPLICOLA. + + +1 Attributed to Adams by Wells and by Bancroft, and also by the +annotations of the Dorr file of the Gazette. +2 Mr. Vattel, law of nature and nations. +3 Hooker's Eccl. Poi. + + + +TO ARTHUR LEE. + +[Ms., Samuel Adams Papers, Lenox Library a text with variations is +in R. H. Lee, Life of Arthur Lee, vol. ii., pp. 184-187.] +BOSTON Octob 31 1771. + +Sir + +I Inclose a printed Copy of a Resolve of the Council of this +province, whereby Junius Americanus is censurd for asserting that +the late Secretary Oliver stood recorded in the Councils Books as a +perjurd traitor. You may easily suppose that the Friends of America +for whom that Writer has been & is a firm & able Advocate, resent +this Conduct of the Council whose Ingratitude to say nothing of the +Injustice of this proceeding is the more extraordinary as Junius +Americanus has taken so much pains to vindicate that very Body +against the malignant Aspersions of Bernard & others. There was +however only Eight of twenty six Councellors present when they were +prevaild upon by an artful man to pass this Resolve. You will see by +the inclosd some remarks upon the former proceedings of the Council, +or rather a recital of parts of them, by which I think it appears +that the Assertion could not be groundless nor malicious; nor can it +be false if their own publication is true. I can conceive that the +Design of the first mover of this Resolve was to injure the Credit +of all the Writings of Junius Americanus, which I believe he very +sensibly feels, & also to make it appear to the World that the +Council, as they had before said of the House, had departed from & +disavowd the Sentiments of former Assemblys; and that this Change +has been effected by the Influence of Mr. Hutchinson. With Regard to +the Council, it is hardly possible for any one at a distance to +ascertain their political Sentiments from what they see of their +determinations publishd here in general, for it has been the +practice of the Governor to summon a general Council at the Time +when the Assembly is sitting & of Course the whole Number of +Councillors is present - but in their Capacity of Advisers to the +Governor they are adjournd from week to week during the Session of +the Assembly & till it is over when the Country Gentlemen Members of +Council return home. Thus the general Council being kept alive by +Adjournments, the principal & most important part of the Business of +their executive department is done by seven or eight who live in & +about the Town, & if the Governor can manage a Majority of so small +a Number, Matters will be conducted according to his mind. I believe +I may safely affirm that by far the greater Number of civil officers +have been appointed at these adjournments; so that it is much the +same as if they were appointed solely by our ostensible Governor or +rather by his Master, the Minister for the time being. You will not +then be surprisd if I tell you that among the five Judges of our +Superior Court of Justice, there are the following near Connections +with the first & second in Station in the province. Mr Lynde is +Chiefe Justice; his Daughter is married to the Son of Mr Oliver, the +Lt Govr; Mr Oliver another of the Judges is his Brother; his Son +married Gov Hutchinsons Daughter; & Judge Hutchinson lately +appointed, who is also Judge of the probate of Wills for the first +County, an important department, is the Govrs brother. Besides which +the young Mr Oliver is a Justice of the Common pleas for the County +of Essex. Mr Cotton a Brother in Law of the Govr is deputy Secretary +of the province & Register in the probate office under Mr +Hutchinson; a cousin german of the Govr was sent for out of another +province to fill up the place of Clerk to the Common pleas in this +County; & the eldest Son of the Govr will probably soon be appointed +a Justice of the same Court in the room of his Uncle advancd to the +superior bench. I should have first mentiond that the Gov & the Lt +Gov' are Brothers by Marriage. + +The House of Representatives, notwithstanding the Advantages which a +new Governor always has in his hands I have reason to think will be +so firm as at least not to give up any Right. The Body of the people +are uneasy at the large Strides that are made & making towards an +absolute Tyranny - many are alarmd but are of different Sentiments +with regard to the next step to be taken - some indeed think that +every Step has been taken but one & the ultima Ratio would require +prudence unanimity and fortitude. The Conspirators against our +Liberties are employing all their Influence to divide the people, +partly by intimidating them for which purpose a fleet of Ships lies +within gun Shot of the Town & the Capital Fort within three miles of +it is garrisond by the Kings Troops, and partly by Arts & Intrigue; +by flattering those who are pleasd with Flattery; forming +Connections with them, introducing Levity Luxury & Indolence & +assuring them that if they are quiet the Ministry will alter their +Measures. I fear some of the Southern Colonies are taken with this +Bait, for we see hardly anything in their publick papers but +Advertisements of the Baubles of Britain for sale. This is the +general Appearance of things here while the people are anxiously +waiting for some happy Event from your side the Water - for my own +part I confess I have no great Expectations from thence, & have long +been of Opinion that America herself under God must finally work out +her own Salvation. + +I have been told by a friend that a Manuscript has been sent from +hence upon the Subject of the Tryals of Preston & the Soldiers, for +your perusal entitled a Hue & Cry &c. Had I seen & thought it +answerable to what I have heard of it, I should have endeavord to +have had it publishd here. I wish it had been or still might be +publishd in London if you have seen it & think it worth while, +subject entirely to your Correction and Amendment. But after all +what will the best & most animating publications signify, if the +many are willing to submit & be enslavd by the few. + +I wrote you about a fortnight past by Capt. Hood1 & can add nothing +more at present but that I am sincerely +your friend & hbl servt + +1 See above, page 230. + + + +TO JOSEPH ALLEN. + +[MS., Samuel Adams Papers, Lenox Library; a text is in W. V. Wells, +Life of Samuel Adams, vol. i., pp. 342, 343.] + +Nov 7 1771 + +DEAR KINSMAN + +As you are just now setting out on the Journey of Life, give me +leave to express to you my ardent Wish that you may meet with all +that prosperity which shall be consistent with your real happiness. +I cannot but think you have a good prospect; yet your path will in +all probability be uneven: Sometimes you must expect like all other +Travellers, to meet with Difficulties on the Road; let me therefore +recommend to you the Advice of one of the Ancients, a Man of +sterling Sense, tho a Heathen. "OEquam memento Rebus in arduis, +servare mentem." In the busy Scenes of Life, you may now and then be +disposd to drive on hard, & make rather too much haste to be rich; +you will then be upon your Guard against Temptations which if +yielded to, will poison the Streams of all future Comfort: You will +then in a more particular manner, impress upon your mind the advice +of an inspired writer, to "maintain a Conscience void of offence." I +do not flatter you when I say, you have hitherto supported a good +reputation: You will still preserve it unsullied; remembering that a +good name is your Life. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, November 11, 1771.] + +Messieurs EDES & GILL, + +WE read that "Jeroboam the Son of Nebat made Israel to sin": For +this he "stands recorded" and repeatedly stigmatiz'd, in the sacred +volumn, as a "perjur'd Traitor," and a Rebel against GOD and his +Country. However mysterious fawning priests and flatterers may +affect to think it, Kings and Governors may be guilty of treason and +rebellion: And they have in general in all ages and countries been +more frequently guilty of it, than their subjects. Nay, what has +been commonly called rebellion in the people, has often been nothing +else but a manly & glorious struggle in opposition to the lawless +power of rebellious Kings and Princes; who being elevated above the +rest of mankind, and paid by them only to be their protectors, have +been taught by enthusiasts to believe they were authoriz'd by GOD to +enslave and butcher them! It is not uncommon for men, by their own +inattention and folly, to suffer those things which an all-gracious +providence design'd for their good, to become the greatest evils. If +we look into the present state of the world, I believe this will +hold good with regard to civil government in general: And the +history of past ages will inform us, that even those civil +institutions which have been best calculated for the safety and +happiness of the people, have sooner or later degenerated into +settled tyranny; which can no more be called civil government, and +is in fact upon some accounts a state much more to be deprecated +than anarchy itself. It may be said of each, that it is a state of +war: And it is beyond measure astonishing that free people can see +the miseries of such a state approaching to them with large and +hasty strides, and suffer themselves to be deluded by the artful +insinuations of a man in tower, and his indefatigable sychophants, +into a full perswasion that their liberties are in no danger. May we +not be allow'd to adopt the language of scripture, and apply it upon +so important a consideration; that seeing, men will see and not +perceive, and hearing, they will hear and not understand? + +Jeroboam must needs have been a very wicked Governor: And he +discover'd so much of the malignancy of treason against his people, +in making them to sin against the supreme Being upon whose power and +protection the welfare of nations as well as individuals so +manifestly depends, and by whose goodness that people in particular +were so greatly oblig'd, that one would have thought, they would +upon a retrospect of their folly, in being thus seduc'd, have +testified to future generations their just resentment and +indignation, by at least dethroning so impious a traitor. Perhaps +they relented when they consider'd that their Governor was "born and +educated among them": But this heightened his wickedness; as it +might have convinc'd them, that he was as destitute of the common +feelings of love for one's native country, as he was of religion and +piety. This, and many other instances of later date may serve to +show, that the people have no solid reason to depend upon every man +that he will be a good Governor, merely because of his having had +his birth and education among them; as well as the folly and +wickedness of priests and minions, who would from such a +circumstance endeavor to dupe the people into a perswasion of their +security under any man's administration. - The sin which the people +of Israel were prevail'd upon by Jeroboam the son of Nebat to +commit, respected their religious worship on a Thanksgiving day: He +had ordained a solemn festival to be kept at Bethel; in which, it +seems, he had a particular view to serve a political purpose: And +the people knew it, although he had artfully endeavored to colour it +with a plausible appearance. At this festival, through his +influence, they sacrificed unto Calves! This was the dire effect of +their foolish adulation of their Governor, while they professed to +observe a day set apart in honor to the King of kings. - Their +thanksgiving began with prophaness & ended in idolatry; or rather it +began & ended with both. There is no question but the priests were +the vicegerents of the Governor, or his heralds to publish his +impious proclamations to the people. But is it not strange that the +people were so king-ridden and priest-ridden, especially in matters +which concern'd their Religion, as to look upon the joint authority +of their Governor and Clergy, sufficient to justify them in sinning +against the authority of God himself: and in acting in open violation +of his law, revealed to them from Heaven with signs and miracles at +Mount Sinai, and register'd in their book of the law, as well as +engrav'd on the tables of their hearts! - It is no unusual thing for +people to complement their Governors with the sacrifice of their +consciences, after they have surrender'd to them their civil liberty, +which had been the folly of that people long before; for they grew +weary of their liberty in the days of Samuel the prophet, and +exchanged that civil government which the wisdom of heaven had +prescribed to them, for an absolute despotic monarchy; that they might +in that regard be like the nations round about them. - Even in these +enlightened times, the people in some parts of the world are so +bewitched by the enchantments of priest-craft and king- craft, as to +believe that tho' they sin against their own consciences, in +compliance with the instruction of the one, or in obedience to the +command of the other, they shall never suffer, but shall be rewarded +in the world to come, for being so implicitly subject to the higher +powers: And the experience of the world tells us that there are, and +always have been various ways of rewarding them for it in this world. +On the contrary, if they hesitate to declare a blind belief in the +most palpable absurdities in government and religion, they are sure to +fall into the immediate hands of spiritual inquisitors, to be whipped +and tortured into an acknowledgment of the error, or threatened with +the further pains of eternal damnation if they persist in their +contumacy. Thanks be to GOD, there is not yet so formidable a junction +of the secular and ecclesiastical powers in this country; and there is +reason to hope there are but few of the clergy who would desire it. +Yet such is the deplorable condition we are in, and so notorious is it +to all, that should any man, be he who he may, tell me that our civil +liberties were continued, or that our religious privileges were not in +danger, I should detest him, if in his senses, as a perfidious man. +And if any clergyman should in compliance with the humours or designs +of a man in power, echo such a false declaration in the church of GOD, +he would in my opinion do well seriously to consider, whether an +excessive complaisance may not have betrayed him into the sin of +Ananias and Saphira, in lying against the Holy Ghost! This is a most +weighty consideration: But the times require plain dealing. We hope +and believe, nay we know that there are more than seven thousand who +will never bow the knee to Baal, or servilely submit to Tyranny, +temporal or spiritual: But are we not fallen into an age when some +even of the Clergy think it no shame to flatter the Idol; and +thereby to lay the people, as in the days of Jeroboam, the son of +Nebat, under a temptation to commit great wickedness, and sin +against God? Let us beware of the poison of flattery - If the people +are tainted with this folly, they will never have VIRTUE enough to +demand a restoration of their liberties in the very face of a +TYRANT, if the necessity of the times should call for so noble an +exertion. And how soon there may be such NECESSITY, GOD only knows. +May HE grant them FORTITUDE as well as SOUND PRUDENCE in the day of +TRIAL! He who can flatter a despot, or be flattered by him, without +feeling the remonstrances of his own mind against it, may be +remarkable for the guise and appearance of sanctity, but he has very +little if any true religion - If he habitually allows himself in it, +without any remorse, he is a hardened impenitent sinner against GOD +and his COUNTRY. Whatever his profession may be, he is not fit to be +trusted; and when once discover'd, he will never be trusted by any +but fools and children. To complement a great man to the injury of +truth and liberty, may be in the opinion of a very degenerate age, +the part of a polite and well-bred gentleman - Wise men however will +denominate him a Traitor or a Fool. But how much more aggravated +must be the folly and madness of those, who instead of worshipping +GOD in the solemn assembly, "in spirit and in truth," can utter a +lie TO HIM!! -in order to render themselves acceptable to a man who +is a worm or to the son of a man who is a worm. + +CANDIDUS. + + + +TO ARTHUR LEE. + +[MS., Samuel Adams Papers, Lenox Library; a text with variations is +in R. H. Lee, Life of Arthur Lee, vol. ii., pp. 187-189.] + +BOSTON Novr 13 1771. + +MY DEAR SIR, - Several Vessells have lately arrivd from London, but +I have not had the pleasure of a Line from you by either of them. +Since the Resolve of Council, by which Junius Americanus was so +severely censurd, there has been a proclamation issued by the +Governor with their Advice, for a general Thanksgiving which has +been the practice of the Country at this time of the year from its +first Settlement. The pious proclamation has given the greatest +offence to the people in general, as it appears evidently to be +calculated to serve the purpose of the British Administration, +rather than that of Religion. We were the last year called upon to +thank the Almighty for the Blessings of the Administration of +Government, in this Province, which many lookd upon as an impious +Farce. Now we are demurely exhorted to render our hearty & humble +Thanks to the same omniscient Being for the Continuance of our civil +& religious Privileges & the Enlargement of our Trade. This I imagine +was contrivd to try the feelings of the people; and if the Governor +could dupe the Clergy as he had the Council, & they the people, so +that the proclamation should be read as usual in our Churches, he +would have nothing to do but acquaint Lord Hillsborough that most +certainly the people in General acquiescd in the measures of +Government, since they had appealed even to God himself that +notwithstanding the faction & turbulence of a party, their Liberties +were continued & their Trade enlargd. I am at a loss to say whether +this measure was more insolent to the people or affrontive to the +Majesty of Heaven, neither of whom however a modern Politician +regards, if at all, so much as the Smiles of his noble Patron. But +the people saw thro it in general, & openly declared that they would +not hear the proclamation read. The Consequence was, that it was +read in but two of all our Churches in this Town consisting of +twelve besides three Episcopalian Churches; there indeed it has not +been customary ever to read them. Of those two Clergymen who read +it, one of them being a Stranger in the province, & having been +settled but about Six Weeks, performd the servile task a week before +the usual Time when the people were not aware of it, they were +however much disgusted at it. The Minister of the other is a known +Flatterer of the Governor & is the very person who formd the fulsome +Address of which I wrote you some time ago - he was deserted by a +great number of his Auditory in the midst of his reading. Thus every +Art is practisd & every Tool employd to make it appear as if this +people were easy in their Chains, & that this great revolution is +brought about by the inimitable Address of Mr Hutchinson. There is +one part of the proclamation which I think deserves Notice on your +side the Water, & that relates to the Accommodation with the +Spaniards in the Affair of Faulkland Island. This must have been +referrd to under the Terms of the preservation of the peace of +Europe. From what I wrote you last you cannot wonder if the Governor +carrys any thing he pleases in his Divan here. His last Manoevre has +exposd him more than any thing. Ne lude cum sacris is a proverb. +Should he once lose the Reputation which his friends have with the +utmost pains been building for him among the Clergy for these thirty +years past, as a consummate Saint, he must fall like Samson when his +Locks were cut off. The people are determind to keep their Day of +Festivity but not for all the purposes of the infamous proclamation. +I beg you would omit no Opportunity of writing to me & be assured +that I am in a Stile too much out of fashion + +Your Friend + + + +ARTICLE SIGNED "COTTON MATHER."1 + +[Boston Gazette, November 25, 1771.] + +MESSIEURS EDES & GILL, + +Mucius SCAEVOLA, a writer whom I very much admire, tells us, "A +Massachusetts Governor the King by Compact may nominate and appoint, +but not pay: For his support he must stipulate with the people, & +until he does, he is no legal Governor; without this, if he undertakes +to rule he is a USURPER." - These sentiments have given great disgust +to the Governor & Council, and the publisher, it is said, is to be +prosecuted: But if he has spoken the words of truth and soberness, +why should he be punished? Is there any man in the community that +can procure harm in a process of law, to him who speaks necessary +and important truths? If there be such a man, mark him for a Tyrant. +Is there any man whose publick conduct will not bear the scrutiny of +truth? he is a Traitor, and it is high time he was pointed out. + +I have upon this occasion looked into the Charter of the province in +which the COMPACT between the King and the people is contain'd, and +I find not a single word about the King's paying his Governor. If +therefore the Charter is altogether silent about it, Mucius is +certainly to be justified in saying that by the compact the King may +not pay him; that is, there is nothing in the Charter to warrant it. +But it is asked, whether the King may not pay his Governor +notwithstanding? And ought it not to be looked upon as a mark of +royal bounty and goodness, thus to save the people from being +"burdened by a tax upon their polls and estates for a Governor's +support?" This is the Court language; and great pains have been +taken by some gentlemen, whose particular business it is to ride +through the several counties, to spread it in every part of the +province. But it has a tendency to mislead and ensnare. It no doubt +sounds very agreeably in the ears of an unwary man, that by this +ministerial manoeuvre, the province have a saving of a thousand +pounds sterling every year, for the support of a Governor. Let us +consider the matter a little. Did not our ancestors, when they +accepted this Charter, understand that they had contracted for a +free government? And did not the King on his part intend that it +should be so? Was it not understood, that by this contract every +power of government was to be under a check adequate to the +importance of it, without which, according to the best reasoners on +government, and the experience of mankind in all ages of the world, +that power must be a tyranny? Undoubtedly it was the sense of both +parties in the contract, that the government to be erected by the +Charter, should be a free government, and that every power of it +should be properly controuled in order to constitute it so. I would +then ask, what weight remains in the scale of the democratick part +of the constitution to check the monarchick in the hands of the +governor, if the king has not only an uncontroulable power to +nominate and appoint a governor, but may pay him too? If any one +will point out to me a sufficient weight to balance the scale, I +will differ from Mucius: But until that is done, I must be of his +mind, that the king has no right to pay his governor: "For that, he +must stipulate with the people;" otherwise our civil constitution is +rendered materially different from what the contracting parties +intended it should be, viz, a free constitution. It places the +governor in such a state of independency as must make any man +formidable. - It puts it in his power in many instances to act the +tyrant, even under the appearance of all the forms of the +constitution. The man who is possessed of a power to act the tyrant +when he thinks proper, let him become possessed of it as he may, is +at least an USURPER of power that cannot belong to him in any free +state - Power is intoxicating: There have been few men, if any, who +when possessed of an unrestrained power, have not made a very bad +use of it - They have generally exercised such a power to the terror +both of the good and the evil, and of the good more than the evil - +While a governor is possessed of a power without any other check +than that which the constitution has provided, upon a supposition +that the king by charter may pay him as well as appoint him, for +aught I can see, under such an administration as the present, I mean +in England, he may make the people slaves as soon as he pleases and +keep them so as long as he pleases. I have heard it asked, What! may +not the king make a present to his governor of fifteen hundred +sterling every year, if he sees fit? Is not his MAJESTY allowed to +be upon a footing with even a private subject? This reasoning is +very plausible, but I think not just. In some respects the king is +more restrained than the lowest of his subjects. He may not for +instance, turn a Roman Catholic, or marry one of that religion and +hold his crown: He forfeits it by law if he does. And why? Because +it has been found that the Roman Catholic principles are +inconsistent with the principles of the British constitution, which +is the rule of his government. And there is the same reason why the +governor who is appointed by the crown, should stipulate with the +people for his support, if that mutual check among the several +powers of government, which is essential to every free constitution, +is otherwise destroyed. - If the king's paying or making yearly +presents to his governor, renders him a different being in the state +from that which the Charter intends he shall be, and that to the +prejudice of the people, the king by the compact may not pay him, +for in such a case, it would be inconsistent with the principles of +our constitution - No king can have a right to put it in the power +of his governor to become a tyrant, or govern arbitrarily; for he +cannot be a tyrant or govern arbitrarily himself. + +I beg leave to make a supposition; If his Holiness the Pope, for the +sake of once more having a Catholic King seated on the British +throne, should make him a present yearly of eight hundred thousand +pounds sterling, for the support of himself and his household, it +would be a great saving indeed to the nation; but would the people, +think you, consent to it because of that saving? Should we not hear +the faithful Commons objecting to it as an innovation big with +danger to the rights and liberties of the nation? I believe it would +be in vain to flatter them that their constituents would be eas'd of +a burden of a tax upon their polls and estates, by means which would +render their king thus independent of them, and place him in a state +of absolute dependance, for his support, upon another, who had +especially for a long course of years, tried every art and +machination to overthrow their constitution in church and state - +Would not the people justly think there would be danger that such a +king thus dependent on the pope, and oblig'd by him, would be as +subservient to the admonitions of his Holiness, or his Legate in his +name, as a certain provincial governor, we know, has been to the +instructions of a minister of state, upon the bare prospect of his +being made independent of the people for his support. + +COTTON MATHER. + + +1 Attributed to Adams in the Dorr file of the Gazette. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, December 2, 1771.] + +Messieurs EDES & GILL, + +No methods are yet left untried by the writers on the side of the +ministry, to perswade this People that the best way to get rid of +our Grievances is to submit to them. This was the artifice of +Governor Bernard, and it is urg'd with as much zeal as ever, under +the administration of Governor Hutchinson. They would fain have us +endure the loss of as many of our Rights and Liberties as an +abandon'd ministry shall see fit to wrest from us, without the least +murmur: But when they find, that they cannot silence our complaints, +& sooth us into security they then tell us, that "much may be done +for the publick interest by way of humble & dutiful representation, +pointing out the hardships of certain measures" - This is the +language of Chronus in the last Massachusetts Gazette. But have we +not already petition'd the King for the Redress of our Grievances +and the Restoration of our Liberties? - have not the House of +Representatives done it in the most dutiful terms imaginable? - Was +it not many months before that Petition was suffer'd to reach the +royal hand? - And after it was laid before his Majesty, was he not +advis'd by his ministers to measures still more grevious and severe? +Have any lenient measures been the consequence of our humble +representations of "the hardship of certain measures," which were +set forth by the house of assembly in the most decent and respectful +letters to persons of high rank in the administration of government +at home? Did not the deputies of most of the towns and districts in +this province met in Convention in the year 1768, when Bernard had +in a very extraordinary manner dissolv'd the General Assembly? - Did +they not, I say, in the most humble terms, petition the Throne for +the Redress of the intolerable grievances we then labor'd under? - +Has not the Town of Boston most submissively represented "the +hardship of certain measures" to their most gracious Sovereign, and +petition'd for Right and Relief? - Was not petitioning and humbly +supplicating, the method constantly propos'd by those very persons +whom Chronus after the manner of his brethren, stiles "pretended +patriots ", and constantly adopted till it was apparent that our +petitions and representations were treated with neglect and +contempt? - Till we found that even our petitioning was looked upon +as factious, and the effects of it were the heaping Grievance upon +Grievance? - Have not the people of this province, after all their +humble supplications, been falsly charg'd with being "in a state of +disobedience to all law and government?" And in consequence of +petitioning, has not the capital been filled with soldiers to quiet +their murmurs with the bayonet; & to murder, assassinate & plunder +with impunity? -Have we not borne for these seven years past such +indignity as no free people ever suffer'd before, and with no other +tokens of resentment on our part, than pointing out our hardships, +and appealing to the common sense of mankind, after we had in vain +petition'd our most gracious Sovereign? - And now we are even +insulted by those who have bro't on us all these difficulties, for +uttering our just complaints in a publick Newspaper! Pointing out +the hardships of our sufferings, and calling upon the impartial +world to judge between us and our oppressors, and protesting before +God and man against innovations big with ruin to the public Liberty, +is call'd by this writer, "a stubborn opposition to public authority," +and "a high hand opposition and repugnancy to government" For God's +sake, what are we to expect from petitioning? Have we any prospect in +the way of humble and dutiful representation? Let us advert to the +nation of which this writer says we are a part. Are not they suffering +the same grievances, under the same administration? Have not they +repeatedly petitioned and remonstrated to the throne, and "pointed out +the hardships of certain measures," to the King himself? And has not +his Majesty been advised by his ministers, to treat them as imaginary +grievances only? And yet after all, against repeated facts, and common +experience to the contrary, we are told, that "much might be done +for the public interest, by way of hunible and dutiful +representation!" If there were even now, any hopes that the King +would hear us, while his present counsellors are near him, I should +be by all means for petitioning again; but every man of common +observation will judge for himself of the prospect. + +I am not of this writers opinion that the claims of our sister +colonies, New-Hampshire and Rhode-Island, were so very reasonable, +when disputes arose about the dividing lines; nor do I believe any +of his disinterested readers will think his bare ipse dixit, however +peremptory, a sufficient evidence of it. - It seems in the +estimation of Chronus and his few confederates, all are "intemperate +patriots ", who will not yield the public rights to every demand, +however unjust it may appear. - Thus a whole General Assembly is +branded by this writer, with the character of "wrong-headed +politicians ", for not surrendering a part of the territory of this +province to New-Hampshire and Rhode-Island, because they demanded +it. It is no uncommon thing for those who are resolved to carry a +favorite point, when they cannot reason with their opponents, to +rail at them. -I shall not take upon me at present to say, whether +the claims of those governments were right or wrong; but if the +governor of the province, & a majority of the two houses, whom +Chronus does not scruple to call "pretended patriots ", then judged +them to be wrong, their conduct in contending for the interest of +the province, affords sufficient evidence, that they were real +patriots. These instances are bro't by Chronus to show the wisdom +"of scorning the influence, and rejecting the rash and injudicious +clamour of pretended patriots, and wrong-headed politicians," in the +present assembly; who by their "indecent treatment of his Majesty's +governor, are pressing him to comply with measures contrary to his +instructions": But if his Majesty's governor's instructions are +repugnant to the Rights and Liberties of his Majesty's subjects +of this province, and those who are elected by the people to be the +guardians of their rights and liberties, are really of that mind; +especially if they also think that such instructions are design'd to +have the force of laws; is it reasonable or decent for Chronus, tho' +he may think differently, to call them mere pretended patriots, which +conveys the idea of false-hearted men, for protesting against such +instructions, as dangerous innovations, threatning the "very being of +government", as constituted by the Charter? Chronus and his brethren +would do well to consider, that "a high handed opposition and +repugnance, ('tis a wonder he did not in the style of his friend +Bernard, call it 'oppugnation') to government ", is as dangerous when +level'd at the representative body of the people, as at "his Majesty's +Governor": An attack upon the constitution especially in that silent +manner in which it has of late been attacked, is more dangerous than +either. - He says that those "wretched politicians ", "have made the +Governor's subsistence to depend upon his compliance with measures +contrary to his instructions." If this had been true, it would have +been treating the Governor in a manner in which the British +parliaments, when free, have treated their sovereign: No supplies +till grievances are redressed, has been the language of those "wrong +headed politicians ", the British house of commons in former, and +better times, than these - If the commons of this province have at +any time withheld their grant for the support of a governor, till he +should comply with measures contrary to his instructions, they +looking upon those instructions, as they have been, in fact, +repugnant to the very spirit of the charter, and subversive of the +liberty of their constituents, who can blame them? They are in my +opinion highly to be commended, for making use of a power vested in +them, or rather reserv'd by the constitution, & originally intended +to check the wanton career of imperious governors - A power, in the +due exercise of which, even KINGS, their masters, have sometimes +been brought to their senses, when they had any. But Chronus cannot +show an instance of this conduct in the house of representatives for +many years past, I dare say. It must therefore be a mistake in him +to suppose that this conduct of "our intemperate patriots", has +"occasion'd his Majesty to render him more independent, by taking +the payment of his governor upon himself." I make no doubt but some +other motive occasion'd the minister to advise an independent +governor in this province, which will in all probability take place +in every colony throughout America. - The motive is too obvious to +need mentioning - If Chronus will make it appear that a governor's +being made independent of the people, is not repugnant to the +principles of the charter of this province, or any free government, +he will do more than I at present think he or any other can - Till +this is done, it is in vain to flatter a sensible people with the +prospect of enjoying "peace, happiness or any other blessing they +have reason to desire," and right to expect from good government, +while the measure is persisted in. + +CANDIDUS. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, December 9, 1771.] + +MESSIEURS EDES & GILL, + +"Whene'er from putrid Courts foul Vapours rose, +with vigorous wholesome Gales +The Winds of OPPOSITION fiercely blew, +Which purg'd and clear'd the agitated State" + +If the liberties of America are ever compleatly ruined, of which in +my opinion there is now the utmost danger, it will in all +probability be the consequence of a mistaken notion of prudence, +which leads men to acquiesce in measures of the most destructive +tendency for the sake of present ease. When designs are form'd to +rase the very foundation of a free government, those few who are to +erect their grandeur and fortunes upon the general ruin, will employ +every art to sooth the devoted people into a state of indolence, +inattention and security, which is forever the fore-runner of +slavery - They are alarmed at nothing so much, as attempts to awaken +the people to jealousy and watchfulness; and it has been an old game +played over and over again, to hold up the men who would rouse their +fellow citizens and countrymen to a sense of their real danger, and +spirit them to the most zealous activity in the use of all proper +means for the preservation of the public liberty, as "pretended +patriots," "intemperate politicians," rash, hot-headed men, +Incendiaries, wretched desperadoes, who, as was said of the best of +men, would turn the world upside down, or have done it already. - +But he must have a small share of fortitude indeed, who is put out +of countenance by hard speeches without sense and meaning, or +affrighted from the path of duty by the rude language of +Billingsgate - For my own part, I smile contemptuously at such +unmanly efforts: I would be glad to hear the reasoning of Chronus, +if he has a capacity for it; but I disregard his railing as I would +the barking of a "Cur dog". + +The dispassionate and rational Pennsylvania Farmer has told us, that +"a perpetual jealousy respecting liberty, is absolutely requisite in +all free states." The unhappy experience of the world has frequently +manifested the truth of his observation. For want of this jealousy, +the liberties of Stain were destroyed by what is called a vote of +credit; that is, a confidence placed in the King to raise money upon +extraordinary emergencies, in the intervals of parliament. France +afterwards fell into the same snare; and England itself was in great +danger of it, in the reign of Charles the second; when a bill was +brought into the house of commons to enable the King to raise what +money he pleased upon extraordinary occasions, as the dutch war was +pretended to be - And the scheme would doubtless have succeeded to +the ruin of the national liberty, had it not been for the +watchfulness of the "intemperate patriots ", and "wrong-headed +politicians" even of that day. + +How much better is the state of the American colonies soon likely to +be, than that of France and Spain or than Britain would have been +in, if the Bill before mention'd had pass'd into an act? Does it +make any real difference whether one man has the sovereign disposal +of the peoples purses, or five hundred? Is it not as certain that +the British parliament have assumed to themselves the power of +raising what money they please in the colonies upon all occasions, +as it is, that the Kings of France and Spain exercise the same power +over their subjects upon emergencies? Those Kings by the way, being +the sole judges when emergencies happen, they generally create them +as often as they want money. And what security have the colonies +that the British parliament will not do the same? It is dangerous to +be silent, as the ministerial writers would have us to be, while such +a claim is held up; but much more to submit to it. Your very silence, +my countrymen, may be construed a submission, and those who would +perswade you to be quiet, intend to give it that turn. Will it be +likely then that your enemies, who have exerted every nerve to +establish a revenue, rais'd by virtue of a suppos'd inherent right in +the British parliament without your consent, will recede from the +favorite plan, when they imagine it to be compleated by your +submission? Or if they should repeal the obnoxious act, upon the terms +of your submitting to the right, is it not to be apprehended that your +own submission will be brought forth as a precedent in a future time, +when your watchful adversary shall have succeeded, and laid the most +of you fast asleep in the bed of security and insensibility. Believe +me, should the British parliament, which claims a right to tax you at +discretion, ever be guided by a wicked and corrupt administration, +and how near they are approaching to it, I will leave you to judge, +you will then find one revenue act succeeding another, till the +fatal influence shall extend to your own parliaments. Bribes and +tensions will be as frequent here, as they are in the unhappy +kingdom of Ireland, and you and your posterity will be made, by +means of your own money, as subservient to the will of a British +ministry, or an obsequious Governor, as the vassals of France are to +that of their grand monarch. What will prevent this misery and +infamy, but your being finally oblig'd to have recourse to the +ultima ratio! But is it probable that you will ever make any manly +efforts to recover your liberty, after you have been inur'd, without +any remorse, to contemplate yourselves as slaves? Custom, says the +Farmer, gradually reconciles us to objects even of dread and +detestation. It reigns in nothing more arbitrarily than in publick +Affairs. When an act injurious to freedom has once been done, and +the people bear it, the repetition of it is more likely to meet with +submission. For as the mischief of the one was found to be +tolerable, they will hope that the second will prove so too; and +they will not regard the infamy of the last, because they are +stain'd with that of the first. + +The beloved Patriot further observes, "In mixed governments, the +very texture of their constitution demands a perpetual jealousy; for +the cautions with which power is distributed among the several +orders, imply, that each has that share which is proper for the +general welfare, and therefore that any further imposition must be +pernicious". The government of this province, like that of Great +Britain, of which it is said to be an epitome, is a mixed +government. It's constitution is delicately framed; and I believe +all must acknowledge, that the power vested in the crown is full as +great as is consistent with the general welfare. The King, by the +charter, has the nomination and appointment of the governor: But no +mention being therein made of his right to take the payment of his +governor upon himself, it is fairly concluded that the people have +reserv'd that right to themselves, and the governor must stipulate +with them for his support. That this was the sense of the +contracting parties, appears from practice contemporary with the +date of the charter itself, which is the best exposition of it; and +the same practice has been continued uninterruptedly to the present +time - But the King now orders his support out of the American +revenue: Chronus himself, acknowledges that he is thereby "render'd +more independent of the people." - Consequently the balance of power +if it was before even is by this means disadjusted. Here then is +another great occasion of jealousy in the people. No reasonable man +will deny that an undue proportion of power added to the monarchical +part of the constitution, is as dangerous, as the same undue +proportion would be, if added to the democratical. Should the people +refuse to allow the governor the due exercise of the powers that are +vested in him by the Charter, I dare say they would soon be told, +and very justly, of "the mischief that would be the consequence of +it." And is there not the same reason why the people may and ought +to speak freely & LOUDLY of the mischief which would be the +consequence of his being rendered more independent of them; or which +is in reality the same thing, his becoming possessed of more power +than the charter vests him with? For the annihilating a +constitutional check, in the people, which is necessary to prevent +the Governor's exercise of exorbitant power, is in effect to enable +him to exercise that exorbitant power, when he pleases, without +controul. A Governor legally appointed may usurp powers which do not +belong to him: And it is ten to one but he will, if the people are +not jealous and vigilant. Charles the first was legally appointed +king: The doctrines advanced by the clergy in his father's infamous +reign, led them both to believe that they were the LORD'S anointed +and were not accountable for their conduct to the people. - It is +strange that kings seated on the English throne, should imbibe such +opinions: But it is possible they were totally unacquainted with the +history of their English predecessors. - Charles, by hearkening to +the council of his evil ministers, which coincided with the +principles of his education, and his natural temper, and confiding +in his corrupt judges, became an usurper of powers which he had no +right to; and exercising those powers, he became a Tyrant: But the +end proved fatal to him, and afforded a solemn lesson for all +succeeding usurpers and tyrants: His subjects who made him king, +called him to account, dismiss'd and PUNISH'D him in a most +exemplary manner! Charles was obstinate in his temper, and thought +of nothing so little as concessions of any kind: If he had been well +advis'd, he would have renounced his usurped powers: Every wise +governor will relinquish a power which is not clearly +constitutional, however inconsiderable those about him may perswade +him to think it; especially, if the people regard it as a PART +OF A SYSTEM OF OPPRESSION, and AN EVIDENCE OF TYRANNICAL DESIGNS. +And the more tenacious he is of it, the stronger is the reason why +"the SPIRIT OF APPREHENSION" should be kept up among them in its +utmost VIGILANCE. + +CANDIDUS. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, December 16, 1771.] + +Messieurs EDES & GILL, + +I Profess to be more generous than to make severe remarks upon the +apparent absurdities that run through the whole of Chronus's +performance in the last Massachusetts-Gazette. He tells us that "he +seldom examines political struggles that make their weekly +appearance in the papers ". If by this mode of expression he means +to inform us, that he seldom reads the papers with impartiality and +attention, as every one ought, who designs to make his own +observations on them, I can easily believe him; for it is evident in +the piece now before me, that thro' a want of such impartiality or +due attention, to the political struggles which he examines, he +mistakes one writer for another, and finds fault with Candidus for +not vindicating what had been advanc'd by Mutius Scaevola. I am no +party man, unless a firm attachment to the cause of Liberty and +Truth will denominate one such: And if this be the judgment of those +who have taken upon themselves the character of Friends to the +Government, I am content to be in their sense of the word a party +man, and will glory in it as long as I shall retain that small +portion of understanding which GOD has been pleas'd to bless me +with. If at any time I venture to lay my own opinions before the +public, which is the undoubted right of every one, I expect they +will be treated, if worth any notice, with freedom and candor: But I +do not think myself liable to be called to account by Chronus, or +any one else, for not answering the objections they are pleased to +make to what is offered by another man, and not by me. Whatever may +be the opinion of Mr. Hutchinson, as a Usurper or a Tyrant or not, +or as Governor or no Governor, if Chronus had fairly "examined the +political struggles" which have appeared in the papers, he must have +known that I had not published my sentiments about the matter; I +shall do it however, as soon as I think proper. - I would not +willingly suppose that Chronus artfully intended to amuse his +readers, and "mislead them to believe ", that his address to the +publick of the 28th of November, was particularly applicable to me, +as having advanced the doctrine which has given so much disgust to +some gentlemen, and from whence he draws such a long string of +terrible consequences. Whether the denying the governor's authority +be right or wrong, or whether upon Mutius's hypothesis it be +vindicable or not, it is a "maxim," (to use his own word) upon which +it no more concerned me to pass my judgment than it did any other +man in the community. Had Chronus then a right to press me into this +"political struggle," or to demand my opinion of what he had so +sagely observed upon a subject which I had never engag'd in? Yes, by +all means; says he, "I pointed out some of the mischiefs that would +inevitably follow upon denying the Governor's authority, if that +maxim should be generally received"; and adds, "what now has +Candidus reply'd to all this? Why truly nothing, but - altum +silentium" in English, a profound silence; that is in the words of +an honest Teague on another occasion "he answered and said nothing" +- But notwithstanding the deep silence that I preserv'd when I made +my answer, it seems that "I assured him that the way of peaceable, +dutiful and legal representations of our grievances had already been +tried to no purpose": With the most profound Taciturnity I "was +pleas'd most largely to expatiate upon this point", & with all my +"altum silentium" my "interrogations follow'd one another with such +amazing rapidity, that he (poor man) was almost out of breath in +repeating them." - Here, gentle reader, is presented to you a group +of ideas in the chaste, the elegant style of CURONUS, which required +much more skill in the English language than I am a master of, to +reduce to the level of common sense. Thus I have given you a short +specimen of the taste of Chronus, who is said to be the top hand on +the side of the ministry: For want of leisure I must omit taking +notice of his "method of reasoning" till another time. + +CANDIDUS. + + + +MEMORANDUM. + +[MS., Samuel Adams Papers, Lenox Library.] + +Decbr 18 I771. + +This day I waited on Mr Harrison Gray junr to acquaint him that I +had been informd that he had told John Hancock Esqr that he heard me +say in a threatning manner that Mr Hancock might think as he pleasd, +Mr Otis had friends & his (Mr Hancocks) treatment of Mr Otis would +prejudice his (Mr Hancocks) Election. Mr Gray declard to me that he +did not hear me mention a Word of Mr Hancocks Election - that a +conversation happend between Mr John Cotton & my self (Mr Gray being +present) relative to Mr Otis - that Mr Cotton said Mr Otis' Conduct +must be the Effect of Distraction or Drunkeness - that I said I did +not think so - but that it rather proceeded from Irritation - that +he (Mr Gray) said if Mr Otis is distracted why should Mr Hancock +pursue him - & that I answerd that Mr Hancock might be stirred up by +others to do it, but I thought he had better not or it was a pity he +should. This Mr Gray declared was all that I said relative to Mr +Hancock, in answer to his Question as is before mentiond & that it +did not appear to him that I discoverd the least Unfriendliness +towards Mr Hancock. He further said he was willing to give his oath +to the truth of this his declaration. Upon which I told Mr Gray that +it was far from my Intention to make Mr Hancock displeasd with him, +that I was satisfied that Mr Hancock understood him differently & I +should let Mr Hancock know what he now said, & asked him to repeat +it which he did precisely as before - & told me he was freely +willing that I should repeat it to Mr Hancock that if Mr Hancock & +myself desired it he would thus explain it in presense of us both. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, December 23, 1771.] + +Messieurs EDES & GILL, + +The writer in the Massachusetts Gazette, who signs Chronus, in his +address to the publick, recommended petitioning and humbly +representing the hardship of certain measures; and yet before he +finished his first paper, he pointed out to us the unhappy effects +in former times of the very method he had prescribed. Those +"intemperate patriots" it seems, the majority of both houses of the +general assembly, not hearkning to the cool advice of the few wise +men within and without doors, must needs make their humble +representations to the King and Council upon the claims of New- +Hampshire and Rhode-Island: And what was the consequence? Why, he +says the province lost ten times the value of the land in dispute. +Did Chronus mean by this and such like instances, to enforce the +measure which he had recommended? They certainly afford a poor +encouragement for us to persevere in the way of petitioning and +humble representation. But perhaps he will say, the General Assembly +had at that time no reason to complain of the incroachment of these +sister colonies their claims were just; and the discerning few who +were in that mind were in the right. Just so he says is the case +now. For he tells us that "no one has attempted to infringe the +peoples rights." Upon what principle then would he have us petition? +It is possible, for I would fain understand him, that what Candidus +and others call an invasion of our rights, he may choose to +denominate a Grievance; for if we suffer no Grievance, he can +certainly have no reason to advise us to represent the hardship of +certain measures. And I am the rather inclin'd to think, that this +is his particular humour, because I find that the stamp-act, which +almost every one looked upon as a most violent infraction of our +natural and constitutional rights, is called by this writer a +Grievance. And he is so singular as to enquire, "What Liberties we +are now deprived of," aitho' an act of parliament is still in being, +and daily executed, very similar to the stamp-act, and form'd for +the very same purpose, viz, the raising and establishing a revenue +in the colonies by virtue of a suppos'd inherent right in the +British parliament, where the colonies cannot be represented, and +therefore without their consent. The exercise of such a power +Chronus would have us consider as a Grievance indeed, but not by any +means a deprivation of our rights and liberties, or even so much as +the least infringement of them. Mr. Locke has often been quoted in +the present dispute between Britain and her colonies, and very much +to our purpose. His reasoning is so forcible, that no one has even +attempted to confute it. He holds that "the preservation of property +is the end of government, and that for which men enter into society. +It therefore necessarily supposes and requires that the people +should have property, without which they must be suppos'd to lose +that by entering into society, which was the end for which they +enter'd into it; too gross an absurdity for any man to own. Men +therefore in society having property, they have such a right to the +goods, which by the law of the community are theirs, that no body +hath the right to take any part of their subsistence from them +without their consent: Without this, they could have no property at +all. For I truly can have no property in that which another can by +right take from me when he pleases, against my consent. Hence, says +he, it is a mistake to think that the supreme power of any +commonwealth can dispose of the estates of the subjects arbitrarily, +or take any part of them at pleasure. The prince or senate can never +have a power to take to themselves the whole or any part of the +subjects property without their own consent; for this would be in +effect to have no property at all." - This is the reasoning of that +great and good man. And is not our own case exactly described by +him? Hath not the British parliament made an act to take a part of +our property against our consent? Against our repeated submissive +petitions and humble representations of the hardship of it? Is not +the act daily executed in every colony? If therefore the +preservation of property is the very end of government, we are +depriv'd of that for which government itself is instituted. - Tis +true, says Mr. Locke, "Government cannot be supported without great +charge; and tis fit that every one who enjoys a share in the +protection should pay his proportion for the maintenance of it. But +still it must be with their own consent, given by themselves or +their representatives." Chronus will not say that the monies that +are every day paid at the custom-houses in America for the express +purpose of maintaining all or any of the Governors therein, were +rais'd with the consent of those who pay them, given by themselves +or their representatives - "If any one, adds Mr. Locke, shall claim +a power to lay and levy taxes on the people by his own authority & +without such consent of the people, he thereby subverts the end of +government." - Will Chronus tell us that the British parliament doth +not claim authority to lay and levy such taxes, and doth not +actually lay and levy them on the colonies without their consent? +This is the case particularly in this province. If therefore it is a +subversion of the end of government, it must be a subversion of our +civil liberty, which is supported by civil government only. And this +I think a sufficient answer to a strange question which Chronus +thinks it "not improper for our zealous Patriots to answer, viz. +What those liberties and rights are of which we have been deprived. +- If Chronus is really as ignorant as he pretends to be, of the +present state of the colonies, their universal and just complaints +of the most violent infractions of their liberties, and their +repeated petitions to the throne upon that account, I hope I shall +be excused in taking up any room in your valuable paper, with a view +of answering a question, which to him must be of the utmost +importance. - But if he is not, I think his question not only +impertinent, but a gross affront to the understanding of the public. +We have lost the constitutional right which the Commons of America +in their several Assemblies have ever before possessed, of giving +and granting their own money, as much of it as they please, and no +more; and appropriating it for the support of their own government, +for their own defence, and such other purposes as they please. The +great Mr. Pitt, in his speech in parliament in favor of the repeal +of the stamp-act, declared that "we should have been slaves if we +had not enjoy'd this right." This is the sentiment of that patriotic +member, and it is obvious to the comnmon sense of every man. -If the +parliament have a right to take as much of our money as they please, +they may take all. And what liberty can that man have, the produce +of whose daily labour another has the right to take from him if he +pleases, and which is similar to our case, takes a part of it to +convince him that he has the power as well as the pretence of right? +- That sage of the law Lord Camden declar'd, in his speech upon the +declaratory bill, that "his searches had more and more convinced him +that the British parliament have no right to tax the Americans. Nor, +said he, "is the doctrine new: It is as old as the constitution: +Indeed, it is its support." The taking away this right must then be +in the opinion of that great lawyer, the removal of the very support +of the constitution, upon which all our civil liberties depend. He +speaks in still stronger terms-" Taxation and representation are +inseparably united: This position is founded on the laws of nature: +It is more: It is itself an eternal law of nature - Whatever is a +man's own is absolutely his own; and no man has a right to take it +from him without his consent, either express'd by himself or his +representative - Whoever attempts to do it, attempts an injury: +Whoever does it, commits a ROBBERY: He throws down the distinction +between liberty and slavery" - Can Chronus say, that the Americans +ever consented either by themselves or their representatives, that +the British parliament should tax them? That they have taxed us we +all know: We all feel it: I wish we felt it more sensibly: They have +therefore, according to the sentiments of the last mention'd +Nobleman, which are built on nature and common reason, thrown down +the very distinction between liberty and slavery in America - And +yet this writer. like one just awoke from a long dream, or, as I +cannot help thinking there are good grounds to suspect, with a +design to "mislead his unwary readers (and unwary they must needs +be, if they are thus misled,) to believe that all our liberties are +perfectly secure, he calls upon us to show "which of our liberties +we are deprived of;" and in the face of a whole continent, as well +as of the best men in Europe, he has the effrontery to assert, +without the least shadow of argument, that "no one has attempted to +infringe them." One cannot after all this, be at a loss to conceive, +what judgment to form of his modesty, his understanding or +sincerity. + +It might be easy to show that there are other instances in which we +are deprived of our liberties. - I should think, a people would +hardly be perswaded to believe that they were in the full enjoyment of +their liberties, while their capital fortress is garrison'd by troops +over which they have no controul, and under the direction of an +administration in whom, to say the least, they have no reason to place +the smallest confidence that they shall be employ'd for their +protection, and not as they have been for their destruction - While +they have a governor absolutely independent of them for his support, +which support as well as his political being - depends upon that same +administration, tho' at the expence of their own money taken from them +against their consent - While their governor acts not according to the +dictates of his own judgment, assisted by the constitutional advice of +his council, if he thinks it necessary to call for it, but according +to the edicts of such an administration - Will it mend the matter that +this governor, thus dependent upon the crown, is to be the judge of +the legality of instructions and their consistency with the Charter, +which is the constitution? Or if their present governor should be +possess'd of as many angelic properties as we have heard of in the +late addresses, can they enjoy that tranquility of mind arising from +their sense of safety, which Montesquieu defines to be civil +liberty, when they consider how precarious a person a provincial +governor is, especially a good one? And how likely a thing it is, if +he is a good one, that another may soon be placed in his stead, +possessed of the principles of the Devil, who for the sake of +holding his commission which is even now pleaded as a weighty motive, +will execute to the full the orders of an abandon'd minister, to the +ruin of those liberties which we are told are now so secure - Will a +people be perswaded that their liberties are safe, while their +representatives in general assembly, if they are ever to meet +again, will be deprived of the most essential privilege of giving +and granting what part of their own money they are yet allowed to +give and grant, unless, in conformity to a ministerial instruction +to the governor, solemnly read to them for their direction, they +exempt the commissioners of the customs, or any other favorites or +tools of the ministry, from their equitable share in the tax? All +these and many others that might be mention'd, are the natural +effects of that capital cause of complaint of all North-America, +which, to use the language of those "intemperate patriots ", the +majority of the present assembly, is " a subjugation to as +arbitrary a TRIBUTE as ever the Romans laid upon the Jews, or +their other colonies" - What now is the advice of Chronus? Why, +"much may be done, says he, by humble petitions and +representations of the hardships of certain measures" - Ask him +whether the colonies have not already done it? Whether the +assembly of this province, the convention, the town of Boston, +have not petitioned and humbly represented the hardship of certain +measures, and all to no purpose, and he tells you either that he +is "a stranger to those petitions", or "that they were not duly +timed, or properly urged," or "that the true reason why ALL our +petitions and representations met with no better success was, +because they were accompanied with a conduct quite the reverse of +that submission and duty which they seem'd to express" - that "to +present a petition with one hand, while the other is held up in a +threatning posture to enforce it, is not the way to succeed" - +Search for his meaning, and enquire when the threatning hand was +held up, and you'll find him encountering the Resolves of the Town +of Boston to maintain their Rights, (in which they copied after +the patriotic Assemblies of the several Colonies) and their +Instructions to their Representatives. Here is the sad source of +all our difficulties. - Chronus would have us petition, and humbly +represent the hardships of certain measures, but we must by no +means assert our Liberties. We must acknowledge, at least tacitly, +that the Parliament of Great Britain has a constitutional +authority, "to throw down the distinction between Liberty and +slavery" in America. We may indeed, humbly represent it as a +hardship, but if they are resolved to execute the purpose, we must +submit to it, without the least intimation to posterity, that we +look'd upon it as unconstitutional or unjust. Such advice was +sagely given to the Colonists a few years ago, at second hand, by +one who had taken a trip to the great city, and grew wonderfully +acquainted, as he said, with Lord Hillsborough; but his foibles +are now "buried under the mantle of charity." Very different was +his advice from that of another of infinitely greater abilities, +as well as experience in the public affairs of the nation, and the +colonies: I mean Doctor Benjamin Franklin, the present agent of +the House of Representatives. His last letter to his constituents, +as I am well informed, strongly recommends the holding up our +constitutional Rights, by frequent Resolves, &c. This we know will +be obnoxious to those who are in the plan to enslave us: But +remember my countrymen, it will be better to have your liberties +wrested from you by force, than to have it said that you even +implicitly surrendered them. + +I have something more to say to Chronus when leisure will admit of +it. + +CANDIDUS. + + + +TO HENRY MARCHANT.1 + +[MS., Samuel Adams Papers, Lenox Library.] + +BOSTON Jan 7 1772 + +SIR + +I wrote you soon after your departure from hence but am lately +informd by Mr F. Dana that you have not receivd my Letter; he has +put me in the way of a more sure direction under an Inclosure to +Mess Trecothick & Apthorp. + +By our last Vessells from London we have an Account of the Choice +of Mr Nash for the Lord Mayor, & that he was brot in by +ministerial Influence. It gives great Concern to the Friends of +Liberty here that any Administration much more such as the present +appears to be, should have an Ascendency in the important +Elections of that City, which has heretofore by her Independency & +Incorruption been the great Security of the Freedom of the nation. +It is questionable however + +1 Attorney-General of Rhode Island. The letter was addressed to +Marchant at London, where he was acting as the agent of Rhode +Island. He left Rhode Island in July, 1771, and returned in the +autumn of 1772. Cf., Records of the Colony of Rhode Island, vol. vii., +pp. 27-31, 197. + +whether the Ministry would have gaind their point, if they had not +according to the Machiavellian plan accomplishd a Division among +those who profess to be Patriots. The same Art is now practicd by +their Tools & Dependents on this side the Water. They have been +endeavoring to excite a Jealousy among the Colonies, each one of +the others, & in a great measure brought it about by the +unfortunate failure of the Nonimportation Agreement. Perhaps every +Colony was faulty in that matter in some degree but neither chose +to take any of the Blame of it to its self, & to shift it off each +cast the whole upon the others. The Truth is there were so many of +the Merchants under the Court Influence in all of them as that +they were able to defeat the plan, & for that Reason I was +doubtful from the beginning of the Success of it. The Agents of +the Ministry have since been trying to perswade the people to +believe that they are sick of their measures & would be glad to +recede, but cannot consistent with their own honor while the +Colonies are clamoring against them - they would therefore have us +to be quite silent as tho we enjoyd our Rights & Liberties to the +full, & trust that those who have discoverd the greatest +perseverance in every Measure to enslave us, will of their own +Accord & without the least Necessity give up their Design. This +soothing & dangerous Doctrine I fear has had an effect in some of +the Colonies, but I am in hopes that those who have been ready to +trust to the false promises of Courtiers begin to see through the +Delusion. It was impossible that many persons could be catchd in +such a Snare in this province, where absolute Despotism appears to +be continually making large Strides with barefaced Impudence. It +will not be easy to convince this people that the Ministry have in +their hearts any favor towards them, while they are taking their +money out of their pockets, & appropriating it for the maintenance +of a Governor who because of his absolute Dependence upon them +will always yield obedience to their Instructions, and a standing +Army in their Capital fortress, over which that Governor I presume +to say dares not exercise any Authority, tho invested with it by +the Charter, without express Leave from his Masters. +Administration must be strangely blind indeed, or they must think +us the most foolish and ductile people under Heaven (in which they +are greatly mistaken) to imagine that in such a Condition we are +to be flatterd with hopes of any kind Disposition of theirs +towards us. The Governor & other Friends to the Ministry or rather +friends to themselves would fain have it thought in England, that +the People in general are easy & contented or to use the Words of +his Speech at the opening of the last Session, that they are +returnd to Good order & Government1 this may tend to establish him +in his Seat as one who can carry the most favorite points but +Nothing can afford greater Evidence to the Contrary than the +general Contempt and Indignation with which his proclamation for +an annual Thanksgiving was treated, because we were therein +exhorted to return Thanks to Almighty God that "our religious & +civil privileges were continued to us" & that "our Trade was +enlargd" - It is said & I believe it to be a fact, that full two +thirds of the congregational Clergy refusd to read the proclamation, & +perhaps not more of them than appeard the last Spring in favor [of] +the pompous congratulatory Address, that is not a Sixth part of them +took any notice of those Clauses in the religious Services of the +day. It is for the Interest of the Crown Officers here who are +dependent upon the Ministers to make them believe that they have +by their Art & policy reconciled the people to their Measures, & +if the Nation is so far misled as to believe so, the Ministry may +avail themselves of it, but if the Contrary should happen to be +true, as it appears to me to be, such Events may sooner than we +are aware of it take place, as may afford the Nation Grounds to +repent of her Credulity. It may be thought arrogant for an +American thus to express himself, but let Britain consider that +her own & her Colonies dependence is at present mutual which may +not & probably will not be the Case in some hereafter. Why should +either side hasten on the alarming Crisis. I am a friend to both, +but I confess my friendship to the latter is the most ardent - +they have in time past and if by the severe treatment which the +Colonies have receivd, Confidence in the Mother Country is not in +too great a Degree lost, they may still for some time to come +administer to each others Happiness & Grandeur. This in my humble +Opinion greatly depends upon a Change of Ministers & Measures +which it is not in my power & I presume not in yours however +earnestly we both may desire it, to accomplish. + +I wait in daily Expectation of a Letter from you. + + +1 May 30, 1771. Massachusetts State Papers, p. 300. + + + +TO ARTHUR LEE. + +[R. H. Lee, Life of Arthur Lee, vol. ii., pp., 189-192; a draft is +in the Samuel Adams Papers, Lenox Library] + +BOSTON, January 14th, 1772. + +SIR, - + +Your latest letter to me is of the 10th June,1 since which I have +several times written to you and have been impatiently waiting for +your farther favours. I suppose by this time the parliament is +sitting for the despatch of business, and we shall soon discover +whether administration have had it in their hearts, as we have +been flattered, to recede from their oppressive measures, and +repeal the obnoxious revenue acts. Is it not a strange mode of +expression of late years made use of, that administration intends +that this law shall be enacted, or that repealed? It is language +adapted to the infamy of the present times, by a nation which +boasts of the freedom and independency of her parliaments. I +believe almost any of the American assemblies would highly resent +such an imperious tone, even in the honourable board of +commissioners of the customs, who I dare say think themselves +equal in dignity, at least in proportion to the different +countries, to his majesty's ministers of state. A Bostonian, I +assure you, would blush with indignation to hear it said that his +majesty's commissioners of the customs (though perhaps they are of +his excellency's privy council) had held a consultation at +Butcher's Hall, upon the affairs of the province, and that they +had come to a conclusion that the house of representatives should +rescind their late protest against any doctrines which tend to give +royal instructions to the governor, the force of laws. This protest it +is said, his majesty's wise ministers were so hugely affronted at, +as to alter their determination upon a question, in which the fate +of the British nation was involved, namely, whether our general +assembly should sit at Cambridge or in Boston. I confess this was +a question of such astonishing importance to the millions of +Britons and their descendants, and decided no doubt with such +refined discrimination of judgment, that is not so much to be +wondered at, if all national wisdom is to be ascribed to such a +bed of counsellors, who seem to have possessed themselves of all +national power. But as the circumstances of things may alter, and +his majesty may be obliged through necessity to have recourse to +men of common understanding, when these are gone to receive their +just rewards in another life, would it not be most proper that the +parliament should be at least the ostensive legislature, for there +is danger in precedents, and in time to come the supreme power of +the nation may be the dupes of a ministry, who may have no more +understanding than themselves. It has been said that the king's +ministers have for years past received momentary hints respecting +the fabrication of American revenue laws and other regulations, +from some very wise heads on this side of the water, and +particularly of this place; and perhaps Great Britain may be more +indebted to some Bostonians or residents in Boston than she may +imagine, however reproachfully she may have spoken of them. +Bernard publicly declared that he did not obtrude his advice on +his majesty's ministers unasked; and therefore we may naturally +conclude that my lord of Hillsborough, (sublime as his +understanding is) the minister in the department, stood in need of +and asked his advice, when the baronet journalized the necessary +measures of administration for the colonies, which he retailed in +weekly and sometimes daily letters to his lordship. On his +departure he recommended Mr Hutchinson, though a Bostonian, "born +and educated" as one upon whom his lordship might depend as much +as upon himself; and in this one thing I believe Bernard wrote the +truth, for if they have not equal merit for their faithful +services to administration, Mr. Hutchinson, I verily believe, has +the greatest share. It is whispered here that the honourable board +of commissioners have represented to administration that the +present revenue is not sufficient to answer all demands, which are +daily increasing, and therefore it will be necessary for their +lordships to establish an additional fund. This is an important +hint, which may relieve their lordships, unless a new manoeuvre +should succeed, of which we have an account in the Boston Gazette +enclosed. By a vessel just arrived from London, the friends of +government, as they call themselves, pretend that they have +certain assurances from administration, that in three months we +shall not be troubled with commissioners or standing armies. This, +if we could depend upon court promises, would afford an agreeable +prospect. But the root of all our grievances is the parliament's +taxing us, which they cannot do, but upon principles repugnant to +and subversive of our constitution. If their lordships, the +ministry, would be pleased to repeal the revenue acts, they would +strike a blow at the root. + +The grand design of our adversaries is to lull us into security, +and make us easy while the acts remain in force, which would prove +fatal to us. + +I have written in great haste, and am sincerely your friend and +humble servant, + + +1 R. H. Lee, Life of Arthur Lee, vol. i., pp. 215-219. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, January 20, 1772.] + +Messieurs EDES & GILL, + +IN the Massachusetts-Gazette of the 9th instant, Chronus attempts +to prove that "the Parliament's laying duties upon trade, for the +express purpose of raising a revenue, is not repugnant to and +subversive of our constitution." In defence of this proposition, +he proceeds to consider the nation as commercial, and from thence +to show the necessity of laws for the regulation of trade. - In +the nation he includes Great-Britain and all the Colonies, and +infers that these acts for the regulation of trade, "should extend +to all the British dominions, to prevent one part of the national +body from injuring another." And, says he, "If laws for the +regulation of trade are necessary, who so proper to enact them, +&c. as the British parliament, or to dispose of the fines & +forfeitures arising from the breach of such acts?" And then he tells +us, that as a number of preventive officers will hereupon become +necessary, the parliament have thought proper to assign to his +Majesty's revenue "the profits arising on the duties of importation +for the payment of those officers ". This is Chronus's "method of +reasoning ", to prove that because it is necessary that the parliament +should enact laws for the regulation of trade, about which there has +as yet been no dispute that I know of, and because it is proper that +such preventive officers as shall be found needful to carry those +laws into execution, should be paid out of the fines and +forfeitures arising from the breach of them, Therefore, the +parliament hath a right to make laws imposing duties or taxes, for +the express purpose of raising a revenue in the colonies without +their consent; and that this is not (as is alledg'd by our +Patriots ") "repugnant to or subversive of our constitution ". +Every one may easily see how Chronus evades the matter in dispute, +and aims at amusing his readers according to his usual manner, by +endeavouring, and that without a shadow of argument, to prove one +point, instead of another which is quite distinct from it, and +which he ought to prove, but cannot. He is indeed sensible that +his artifice is seen through; that it will be urged that "he has +evaded the chief difficulties," and that "the objection doth not +lie against the regulation of trade, but against the imposing +duties for the express purpose of raising a revenue." And he is +full ready to remove this objection. But how? Why, by asking a +question, which he often substitutes in the room of argument. Are +we not, says he, "fellow-subjects with our brethren at home, and +consequently bound to bear a part according to our ability, in +supporting the honor & dignity of the crown?" It is allow'd that +we are the subjects of the same prince with our brethren at home, +and are in duty bound, as far as we are able, to support the honor +and dignity of our Sovereign, while he affords us his protection. +But does Chronus from thence infer an obligation on us to yield +obedience to the acts of the British parliament imposing taxes +upon us with the express intention of raising a revenue, to be +appropriated for such purposes as that legislative thinks proper, +without our consent? 0, says he, "there is good reason for this." +What is the good reason? Why "if we will not consent to do +anything ourselves ", "our money will be taken from us without our +consent." This is conclusive argument indeed. And then he, as it +were, imperceptibly glides into that which has ever appeared to be +his favorite topick, however impertinent to the present point, +viz, an independent support for the governor. He boldly affirms, +what is a notorious untruth, that "we are unwilling to pay his +Majesty's substitute in such a manner as should leave him that +freedom and independency which is necessary to his station, and +with which he is vested by the constitution:" And therefore the +parliament hath a right to enable his Majesty to pay his +substitute, out of a revenue extorted from us against our consent. +If his premises were well grounded, his conclusion would not +follow: And the question would still remain, to which Chronus has +not attempted to give any rational answer, namely, By what +authority doth the parliament these things, and who gave them this +authority? Thus we still continue to dispute the authority of the +parliament to lay duties and taxes upon us, with the express +purpose of raising a revenue, as "repugnant to, and subversive of +our constitution;" and for a reason which I dare say Chronus will +never get over, namely, because as he himself allows," we are not +represented in it." - + +The English constitution, says Baron Montesquieu, has Liberty for +its direct object: And the constitution of this province, as our +own historian,1 informs us, is an epitome of the British +constitution; and it undoubtedly has the same end for its object: +Whatever laws therefore are made for our government, either in a +manner, or for purposes subversive of Liberty, must be subversive +of the end of the constitution, and consequently of the +constitution itself. - No free people, as the Pennsylvania Farmer +has observed, ever existed, or ever can exist without, to use a +common but strong expression, keeping the purse-strings in their +hands: But the parliament's laying taxes on the Colonies for the +express purpose of raising a revenue, takes the purse strings out +of their hands, and consequently it is "repugnant to, and +subversive of (the end of) our constitution "-Liberty. Mr. Locke +says, that the security of property is the end for which men enter +into society; and I believe Chronus will not deny it: Whatever +laws therefore are made in any society, tending to render property +insecure, must be subversive of the end for which men prefer +society to the state of nature; and consequently must be +subversive of society itself: + +But the parliament in which the Colonies have no voice, taking as +much of their money as it pleases, and appropriating it to such +purposes as it pleases, even against their consent, and as they +think repugnant to their safety, renders all their property +precarious, and therefore it is subversive of the end for which +men enter into society and repugnant to every free constitution. - +Mr. Hooker in his ecclesiastical polity, as quoted by Mr. Locke, +affirms that "Laws they are not, which the public approbation hath +not made so." This seems to be the language of nature and common +sense; for if the public are bound to yield obedience to the laws, +to which they cannot give their approbation, they are slaves to +those who make such laws and enforce them: But the acts of +parliament imposing duties, with the express purpose of raising a +revenue in the colonies, have received every mark of the public +disapprobation in every colony; and yet they are enforced in all, +and in some with the utmost rigour. The British constitution +having liberty for its object, is so framed, as that every man who +is to be bound by any law about to be made, may be present by his +representative in parliament, who may employ the whole force of +his objections against it, if he cannot approve of it: If after +fair debate, it is approv'd of by the majority of the whole +representative body of the nation, the minority, by a rule +essential in society, and without which it could not subsist, is +bound to submit to it: But the colonies had no voice in parliament +when the revenue acts were made; nay, though they had no +representatives there, their petitions were rejected, because they +were against duties to be laid on; and they have been called factious, +for the objections they made, not only against their being taxed +without their consent, which was a sufficient objection, but against +the appropriation of the money when rais'd to purposes which as the +Farmer has made to appear, will supersede the authority in our +respective assemblies, which is most essential to liberty. +Representation and Legislation, as well as taxation, are inseparable, +according to the spirit of our constitution; and of all others that +are free. Human foresight is incapable of providing against every +accident. A small part of the nation may be "at sea, as Chronus tells +us, when writs are issued out for the election of members of +parliament"; and to admit that they, after their return "should be +exempt from any acts of parliament, the members of which were chosen +in their absence ", would be attended with greater evil to the +community, the safety and welfare of which is the end of all +legislation, than the misfortune of their voluntary absence, if it +should prove one, could be to them. I say, if it should prove a +misfortune to them; for those acts being made by the consent of +representatives chosen by all the rest of the nation, it is presum'd +they are calculated for the good of the whole, of which they, as a +part, must necessarily partake: But the supposed case of these persons +is far different from that of the colonists; who are, not by a +voluntary choice of their own, but through necessity, not by mere +accident, but by means of the local distance of their constant +residence, excluded from being present by representation in the +British legislature. Chronus allows that by means of their distance, +"they are become incapable of exercising their original right of +choosing representatives for the British parliament." If so, they +cannot without subversion of the end of the British constitution, be +bound to obedience, against their own consent, to such laws as are +there made; especially such laws as tend to render precarious their +property, the security of which is the end of men's entering into +society. If they are thus bound, they are slaves and not free men: But +slavery must certainly be "repugnant to the constitution" which has +liberty for its direct object. If the supreme legislative of Great +Britain, cannot consistently with the British constitution or the +essential liberty of the colonies, make laws binding upon them, and +Chronus for ought I can see, has not attempted to make it rationally +appear that it can, it is dangerous for the colonies to admit any +of its laws. For however upright some may think the present +parliament to be, in intention, they may ruin us through mistake +arising from an incurable ignorance of our circumstances; and +though Chronus may be so singular as to judge the present revenue +acts of parliament binding upon the colonies, to be salutary, the +time may perhaps come, when even he may be convinced, that future +ones may be oppressive and tyrannical, not only in their +execution, but in the very intention of those that may make them. + +Chronus says, that "he has all along taken it for granted, that +the kingdom and the colonies are one dominion." If so he must +allow the colonies to take it for granted that they have an equal +share with the inhabitants of Britain in the rights belonging to +this one dominion, and particularly in the cardinal right of being +represented in the supreme legislature. But that right, he says, +they are "incapable of exercising," by reason of their distance. +We all agree in this, and it is not their fault? Why then should +they not have the right of legislating for themselves, as well as +that other part of this one dominion? Why truly, we have "a right +of choosing an assembly, which with the concurrence of his +Majesty's Governor, hath a power of enacting local statutes, +establishing taxes, &c. - Yet still in subordination to the +general laws of the empire, reserving the full right of supremacy +& dominion, which are in themselves unalienable." If I understand +his meaning in this dark expression, it is this, we have a right +of choosing an assembly, but this assembly is controulable in all +its acts, by another assembly which we have no right to choose, +and which has this right of controul in itself unalienable. But +the question still recurs, How came this right to be in the +British parliament? Chronus says that "admitting that we are all +one dominion, there is, and must be, a supreme, irresistible, +absolute, uncontrouled authority, in which must reside the power +of making and establishing laws," "and all others must conform to +it, and be govern'd by it". But if we are all one dominion; or if +I understand him, the members of one state, tho' so remotely +situated, the kingdom from the Colonies, as that we cannot all +partake of the rights of the supreme Legislature, why may not this +"irresistible, absolute, uncontrouled," and controuling +"authority, in which the jura summi imperii, or the rights of the +government reside", be established in America, or in Ireland, as well +as in Britain. Is there any thing in nature, or has Ireland or America +consented that the part of this one dominion called Britain shall +be thus distinguished? Or are we to infer her authority from her +power? But it must be, and Chronus gives us no other reason for it +than his bare affirmation, that "the King, Lords and Commons of +Great-Britain form the supreme Legislature of the British +dominions". And he adds, "to say that each of the Colonies had +within itself a supreme independent Legislature, and that +nevertheless the kingdom and the Colonies are all one dominion, is +a solecism:" Let him then view the Kingdom and the Colonies in +another light, and see whether there will be a solecism in +considering them as more dominions than one, or separate states. +It is certainly more concordant with the great law of nature and +reason, which the most powerful nation may not violate and cannot +alter, to suppose that the Colonies are separate independent and +free, than to suppose that they must be one with Great-Britain and +slaves. And slaves they must be, notwithstanding all which Chronus +has said to the contrary, if Great Britain may make all laws +whatsoever binding upon them, especially laws to take from them +what portions of their property she pleases, without and against +their consent. + +I shall make further remarks upon Chronus, when I shall be at +leisure. + +CANDIDUS. + + +1 Mr. Hutchinson. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, January 27, 1772; a complete draft of this article +is in the Samuel Adams Papers, Lenox Library.] + +Messieurs EDES & GILL, + +I have observed from Baron Montesquieu, that the British +constitution has liberty for its direct object and that the +constitution of this province, according to Mr. Hutchinson, is an +epitome of the British constitution: That the right of +representation in the body that legislates, is essential to the +British constitution, without which there cannot be liberty; and +Chronus himself acknowledges, that the Americans are "incapable of +exercising this right": Let him draw what conclusion he pleases. +All I insist upon is, that the conclusion cannot be just, that +"the parliament's laying duties upon trade with the express +purpose of raising a revenue, is not repugnant to or subversive of +our constitution." This doctrine, tho' long exploded by the best +writers on both sides of the atlantic, he now urges; and he is +reduced to this necessity, in order to justify or give coloring to +his frequent bold assertions, that "no one has attempted even to +infringe our liberties," and to his ungenerous reflections upon +those who declare themselves of a different mind, as "pretended +patriots," "overzealous," "intemperate politicians," "men of no +property," who "expect to find their account" in perpetually +keeping up the ball of contention. But after all that Chronus and +his associates have said, or can say, the people of America have +just "grounds still to complain" that their rights are violated. +There seems to be a system of "tyranny and oppression" already +begun. It is therefore the duty of every honest man, to alarm his +fellow-citizens and countrymen, and awaken in them the utmost +vigilance and circumspection. Jealousy, especially at such a time, +is a political virtue: Nay, I will say, it is a moral virtue; for +we are under all obligations to do what in us lies to save our +country." Tyrants alone, says the great Vatel, will treat as +seditious, those brave and resolute citizens, who exhort the +people to preserve themselves from oppression, in vindication of +their rights and privileges: A good prince, says he, will commend +such virtuous patriots" and will "mistrust the selfish suggestions +of a minister, who represents to him as rebels, all those citizens +who do not hold out their hands to chains, who refuse lamely to +suffer the strokes of arbitrary power." + +I cannot help observing how artfully Chronus expresses his +position, that the "parliament's laying duties upon trade with +the express purpose of raising a revenue, is not repugnant to our +constitution." It has not been made a question, that I know of, +whether the parliament hath a right to make laws for the +regulation of the trade of the colonies. Power she undoubtedly has +to enforce her acts of trade: And the strongest maritime power +caeteris paribus, will always make the most advantageous treaties, +and give laws of trade to other nations, for whom there can be no +pretence to the right of legislation. The matter however should be +considered equitably, if it should ever be considered at all: If +the trade of the Colonies is protected by the British navy, there +may possibly be from thence inferr'd a just right in the +parliament of Great Britain to restrain them from carrying on +their trade to the injury of the trade of Great Britain. But this +being granted, it is very different from the right to make laws in +all cases whatever binding upon the Colonies, and especially for +laying duties upon trade for the express purpose of raising a +revenue. In the one case it may be the wisdom of the Colonies, +under present circumstances to acquiesce in reasonable +restrictions, rather than lose their whole trade by means of the +depredations of a foreign power: In the other, it is a duty they +owe themselves and their posterity, by no means to acquiesce; +because it involves them in a state of perfect slavery. I say +perfect slavery: For, as political liberty in its perfection +consists in the people's consenting by themselves or their +representatives, to all laws which they are bound to obey, so +perfect political slavery consists in their being bound to obey +any laws for taxing them, to which they cannot consent. If a +people can be deprived of their property by another person or +nation, it is evident that such a people cannot be free. Whether +it be by a nation or a monarch, is not material: The masters +indeed are different, but the government is equally despotic; and +tho' the despotism may be mild, from principles of policy, it is +not the less a despotism. + +Chronus talks of Magna Charta as though it were of no greater +consequence than an act of parliament for the establishment of a +corporation of buttonmakers. Whatever low ideas he may entertain +of that Great Charter, and such ideas he must entertain of it to +support the cause he hath espous'd, it is affirm'd by Lord Coke, +to be declaratory of the principal grounds of the fundamental laws +and liberties of England. "It is called Charta Libertatum Regni, +the Charter of the Liberties of the kingdom, upon great reason, +says that sage of the law, because liberos facit, it makes and +preserves the people free." Those therefore who would make the +people slaves, would fain have them look upon this charter, in a +light of indifference, which so often affirms sua jura, suas +libertates, their own rights, their own liberties: But if it be +declaratory of the principal grounds of the fundamental laws and +liberties of England, it cannot be altered in any of its essential +parts, without altering the constitution. Whatever Chronus may +have adopted from Mr. Hume, Vatel tells us plainly and without +hesitation, that "the supreme legislative cannot change the +constitution," "that their authority does not extend so far," & +"that they ought to consider the fundamental laws as sacred, if +the nation has not, in very express terms, given them power to +change them." And he gives a reason for it solid and weighty; for, +says he, "the constitution of the state ought to be fixed." Mr. +Hume, as quoted by Chronus, says, the only rule of government is +the established practice of the age, upon maxims universally +assented to. If then any deviation is made from the maxims upon +which the established practice of the age is founded, it must be +by universal assent. "The fundamental laws," says Vatel, "are +excepted from their (legislators) commission," "nothing leads us +to think that the nation was willing to submit the constitution +itself to their pleasure." "They derive their authority from the +constitution, how then can they change it without destroying the +foundation of their own authority?" If then according to Lord +Coke, Magna Charta is declaratory of the principal grounds of the +fundamental laws and liberties of the people, and Vatel is right +in his opinion, that the supreme legislative cannot change the +constitution, I think it follows, whether Lord Coke has expressly +asserted it or not, that an act of parliament made against Magna +Charta in violation of its essential parts, is void. - "By the +fundamental laws of England, says Vatel, the two houses of +parliament in concert with the King, exercise the legislative +power: But if the two houses should resolve to suppress +themselves, and to invest the King with the full and absolute +government, certainly the nation would not suffer it, "although it +was done by a solemn act of parliament. But such doctrine is +directly the reverse of that which Chronus holds; which amounts to +this, that if the two houses should give up to the King, any, the +most essential rights of the people declared in Magna Charta, the +nation has not a power either de jura or de facto to prevent it. I +may hereafter quote for his serious perusal, the reasoning of the +immortal Locke upon this important subject, and am, in the mean time, + +Your's, +CANDIDUS. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR, +APRIL 10, 1772. + +[Massachusetts State Papers, pp. 315, 316; a draft, is in the +Samuel Adams Papers, Lenox Library.] + +May it please your Excellency. + +The House of Representatives have duly considered your speech1 to +both Houses, at the opening of this session. Your Excellency is +pleased to acquaint us, that, "if we had desired you to carry the +Court to Boston, because it is the most convenient place; and the +prerogative of the Crown to instruct the Governor to convene the +Court at such place as his Majesty may think proper, had not been +denied; you should have obtained leave to meet us in Boston, at +this time; but that you shall not be at liberty to do so, whilst +this denial is persisted in." + +We have maturely considered this point; and are still firmly in +opinion, that such instruction is repugnant to the royal charter, +wherein the Governor is vested with the full power of adjournment, +proroguing and dissolving the General Assembly, as he shall judge +necessary. Nothing in the charter, appears to us to afford the +least grounds to conclude, that a right is reserved to his Majesty +of controling the Governor, in thus exercising this full power. +Nor indeed does it seem reasonable that there should for, it being +impossible that any one, at the distance of three thousand miles, +should be able to foresee the most convenient time or place of holding +the Assembly, it is necessary that such discretionary power should be +lodged with the Governor, who is, by Charter, constantly to reside +within the Province. + +We are still earnestly desirous of the removal of this Assembly to +the Court House, in Boston; and we are sorry that your +Excellency's determination thereon, depends upon our disavowing +these principles; because we cannot do it consistently with the +duty we owe our constituents. We are constrained to be explicit at +this time; for if we should be silent, after your Excellency has +recommended it to us, as a necessary preliminary, to desist from +saying any thing upon this head, while we request your Excellency +for a removal of the Assembly, for reasons of convenience only, it +might be construed as tacitly conceding to a doctrine injurious to +the constitution, and in effect, as rescinding our own record, of +which we still deliberately approve. + +The power of adjourning and proroguing the General Assembly, is a +power in trust, to be exercised for the good of the province; this +House have a right to judge for themselves, whether it was thus +exercised. We cannot avoid taking this occasion, freely to declare +to your Excellency, that the holding of the Assembly in this +place, without any good reason which we can conceive of, under the +many and great inconveniences which this, and former Houses, have +so fully set forth to your Excellency, is, in our opinion, an +undue exercise of power; and a very great grievance, which we +still hope will soon be fully redressed. + +Your Excellency may be assured, that this House will, with all +convenient despatch, take into our most serious consideration, +that part of your speech which concerns the establishment of a +partition line between this province and the province of New York; +and that we will, with great candor, contribute every thing in our +power, to accomplish the same equitable terms. + +The other parts of your Excellency's speech, have had the proper +attention of the House; and we are determined, during the +remainder of the session, which must be short, to consult his +Majesty's real service - the true interest of the province. + + +1 The original message of Governor Hutchinson of April 8, 1772, is +among the Samuel Adams Papers, Lenox Library, and on it is +endorsed, in the handwriting of Adams, the fourth paragraph of the +following reply. +2 Massachusetts State Papers, pp. 313-315. + + + +ARTICLE SIGNED "VINDEX." + +[Boston Gazette, April 20, 1772.] + +Messieurs EDES & GILL, + +Philanthrop Jun. in Draper's paper of the 9th current tells us, +that "For four or five years together nobody could appear in print +unless he was a favourer of what is call'd Liberty," and therefore +concludes, "Falshood has been imposed on the credulous readers of +News-papers, and has spread through the country for truth, because +no one would contradict it." What fortitude must a man be +possess'd of that can offer two such sentences to the eye of the +public in a paper which for that space has contained nothing else +in the political way? Again, why have we a mark of distinction in +the signature? Was Philanthrop senior a liberty writer? Was the +True Patriot a liberty writer? Were all the scribblers in Mein's +Chronicle friends or favourers of what is called liberty? Blush! +reformer blush at imposition of so gross a kind! + +But what are the falshoods these credulous people have been led to +believe? Why it seems that men from Lancaster and elsewhere, have +been insinuating that we laboured under grievances in commerce, +legislation, and execution of the wholesome laws of the land, when +no such thing has been seen, felt, heard or understood among us; +and one Lancaster man in particular, has been furnished with all +his prejudices from the letters of Junius Americanus, a despicable +creature (as we say) who has certainly blackened some men and +measures in both Englands, in such manner as defies time itself to +bleach their characters. And till the officious Philanthrop +engaged, every one judged the friends, at least, of those +respectable men, would avoid the provocation of fresh caustics to +such rankled ulcers; but luxuriant flesh forever interrupts the +efficacy of the most healing plaisters, and must be removed as +fast as it puts forth. Indeed gentlemen, I myself who live in +Boston, the centre of American politicks, have suspected we had +some grievances to complain of before either Junius Anglicanus or +Americanus ever published a letter on the subject to my knowledge: +I thought the stamp-act a grievance, I think the extension of the +vice-admiralty courts a grievance, I think the captious and +unprecedented treatment of our legislature a grievance; and above +all, I think the alteration of our free and mutually dependent +constitution, into a dependent ministerial despotism a grievance +so great, so ignominious and intolerable, that in case I did not +hope things would in some measure regain their ancient situation, +without more blood shed and murder than has already been +committed, I could freely wish at the risk of my all to have a +fair chance of offering to the manes of my slaughtered countrymen +a libation of the blood of the ruthless traitors who conspired +their destruction. It is here I confess my fingers would fall with +weight, let those of Dr. Y -g, Mr. -x, or even Mr. A -s, fall how +or where they pleased. + +VINDEX. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR. +JULY 14, 1772.1 + +[Massachusetts State Papers, pp. 330, 331 ; extracts are printed +in W. V. Wells, Life of Samuel Adams, vol. i., p. 482, with the +statement that such extracts were copied from an original draft in the +autograph of Adams.2] + +May it please your Excellency, + +In answer to your message of yesterday, this House beg leave to +observe, that they are not unapprized that the Province House is +out of repair, and that expense might be saved, by making such +repairs as are necessary, as soon as may be. But, that building +was procured for the residence of a Governor, whose sole support +was to be provided for by the grants and acts of the General +Assembly, according to the tenor of the charter: and, it is the +opinion of this House, that it never was expected by any Assembly of +this province, that it would be appropriated for the residence of any +Governor, for whose support, adequate provision should be made in +another way. Upon this consideration, we cannot think it our duty to +make any repairs, at this time. + +Your Excellency may be assured, that this House is far from being +influenced by any personal disrespect. Should the time come, which +we hope for, when your Excellency shall think yourself at liberty +to accept of your whole support from this province, according to +ancient and invariable usage, we doubt not, but you will then find +the Representatives of this people ready to provide for your +Excellency a house, not barely tenantable, but elegant. In the +mean time, as your Excellency receives from his Majesty a certain +and adequate support, we cannot have the least apprehensions that +you will be so far guided by your own inclination, as that you +will make any town in the province the place of your residence, +but where it shall be most conducive to his Majesty's service, and +the good and welfare of the people. + + +1 On this date the Governor prorogued the General Court to meet +again September 30. The next session actually commenced January 6, +1773. +2 Wells also attributes to Adams the message of the house of May +29, 1772; Life of Samuel Adams, vol. I., p. 477; Massachusetts +State Papers, p. 321. + + + +ARTICLE SIGNED "VALERIUS POPLICOLA."1 + +[Boston Gazette, October 5, 1772.] + +Messieurs EDES & GILL, + +"Is there a Prince on Earth, who has power to lay a single Penny +upon his subjects, without the Grant and Consent of those who are +to pay it, otherwise than by Tyranny and Violence? No Prince can levy +it unless through Tyranny and under Penalty of Excommunication. But +there are those who are Bruitish enough not to know what they can do +or omit in this Affair. + +Such is the language of a great and good Historian and Statesman, +a Subject of France. Had the English Politicians and Ministers +been either half as honest or half as wise as he, they would never +have driven the American Revenue without the Grant or Consent of +those who pay it, to such a length, as to cause an Alienation of +affection which perhaps may not easily if ever be recovered. By +this kind of politics, says the worthy Frenchman, Charles the +seventh brought a heavy Sin upon his own Soul and upon that of his +Successors, and gave his Kingdom a Wound which would continue long +to bleed. The British Ministers, possibly, may entertain different +Ideas of Morals from those of the French Historian, if indeed they +have any such kind of ideas at all. However, the Nation, I fear, +will have Occasion to rue the day, when they suffer'd their +Politics so far to prevail, as to gain such an Influence in their +Parliament as they certainly did in the last, to say nothing of +the present. The Impositions upon the French, says Mr. Gordon,2 +grew monstrous almost as soon as they grew arbitrary. Charles the +seventh, who began them, never rais'd annually more than one +hundred and eighty thousand Pounds. His Son Lewis the eleventh +almost trebled the Revenue; and since then, all that the Kingdom and +People had, even to their Skins, has hardly been thought +sufficient for their Kings." An awakening Caution to Americans! +Lest by tamely submitting to be plundered, they encourage their +Plunderers to grasp at all they have. + +The Merchants of this Continent have passively submitted to the +Indignity of a Tribute; and the Landholders, tho' Sharers in the +Indignity, have been perhaps too unconcern'd Spectators of the +humiliating Scene. Posterity, who will no doubt revenge their +Fathers Wrongs, may also be ashamed, when in the Page of History +they are informed of their tame Subjection. Had the Body of this +People shown a proper Resentment, at the time when the proud +Taskmasters first made their appearance, we should never have seen +Pensioners multiplying like the Locusts in Egypt, which devoured +every green Thing. I speak with Assurance; because it seldom has +happened if ever, that even a small People has been kept long in +Bondage, when they have unitedly and perseveringly resolv'd to be +Free. + +At that critical Period, we hearkened to what we then took to be, +the Dictates of sound policy and Prudence. We were led to place a +Confidence in those, whose Protection we had a right to claim, and +we hoped for Deliverance in dry Remonstrances and humble +Supplication. We have petition'd, repeatedly petition'd, and our +Petitions have been heard, barely heard! The Grievances of this +Continent have no doubt "reached the Royal Ear"; I wish I could +see reason to say they had touch'd the Royal Heart. No - They yet +remain altogether unredress'd. Such has been the baneful Influence +of corrupt and infamous Ministers and Servants of the Crown; that +the Complaints of three Millions of loyal Subjects have not yet +penetrated the Royal Breast, to move it even to pity. + +Have not our humble Petitions, breathing a true Spirit of rational +Loyalty, and expressive of a just Sense of those Liberties the +Restoration of which we implored, been followed with Grievance +upon Grievance, as fast as the cruel Heart and Hand of a most +execrable Paricide could invent and fabricate them? I will not at +present enumerate Grievances; they are known, sufficiently known, +felt and understood. Is it not enough, to have a Governor, an +avowed Advocate for ministerial Measures, and a most assiduous +Instrument in carrying them on - moddel'd, shaped, controul'd, and +directed-totally independant of the people over whom he is +commissioned to govern, and yet absolutely dependent upon the +Crown - pensioned by those on whom his existence depends, and paid +out of a Revenue establish'd by those who have no Authority to +establish it, and extorted from the People in a Manner most +Odious, insulting and oppressive. Is not this, Indignity enough to +be felt by those who have any feeling? Are we still threatned with +more? Is Life, Property and every Thing dear and sacred, to be now +submitted to the Decisions of PENSION'D JUDGES, holding their +places during the pleasure of such a Governor, and a Council +perhaps overawed! To what a State of Infamy, Wretchedness and +Misery shall we be reduc'd if our Judges shall be prevail'd upon +to be thus degraded to Hirelings, and the Body of the People shall +suffer their free Constitution to be overturn'd and ruin'd. +Merciful GOD! Inspire Thy People with Wisdom and Fortitude, and +direct them to gracious Ends. In this extreme Distress, when the +Plan of Slavery seems nearly compleated, 0 save our Country from +impending Ruin - Let not the iron Hand of Tyranny ravish our Laws +and seize the Badge of Freedom, nor avow'd Corruption and the +murderous Rage of lawless Power be ever seen on the sacred Seat of +Justice! + +Is it not High Time for the People of this Country explicitly to +declare, whether they will be Freemen or Slaves? It is an +important Question which ought to be decided. It concerns us more +than any Thing in this Life. The Salvation of our Souls is +interested in the Event: For wherever Tyranny is establish'd, +Immorality of every Kind comes in like a Torrent. It is in the +Interest of Tyrants to reduce the People to Ignorance and Vice. +For they cannot live in any Country where Virtue and Knowledge +prevail. The Religion and public Liberty of a People are +intimately connected; their Interests are interwoven, they cannot +subsist separately; and therefore they rise and fall together. For +this Reason, it is always observable, that those who are combin'd +to destroy the People's Liberties, practice every Art to poison +their Morals. How greatly then does it concern us, at all Events, +to put a Stop to the Progress of Tyranny. It is advanced already +by far too many Strides. We are at this moment upon a precipice. +The next step may be fatal to us. Let us then act like wise Men; +calmly took around us and consider what is best to be done. Let us +converse together upon this most interesting Subject and open our +minds freely to each other. Let it be the topic of conversation in +every social Club. Let every Town assemble. Let Associations & +Combinations be everywhere set up to consult and recover our just +Rights. + +" The Country claims our active Aid. +That let us roam; & where we find a Spark +Of public Virtue, blow it into Flame." + +VALERIUS POPLIC0LA. + + +1 Attributed to Adams by W. V. Wells. See above, page 256. +2 Rev. William Gordon, of Roxbury, author of The History of the +Rise, Progress, and Establishment, of the Independence of the +United States of America. + + + +TO ANDREW ELTON WELLS.1 + +[MS., Samuel Adams Papers, Lenox Library.] + +BOSTON Octob 21 1772 + +My DEAR SIR + +I have receivd several Letters from you; and my not having returnd +any Answer to them before, is owing by no means to an Inattention +to them, but to my misfortune in not hearing of the few Vessells +that pass from hence to Georgia being about to sail, till I lost +the Opportunity. I therefore upon the first Notice, make use of +this Conveyance to assure you of my tender Regards & Affection for +you as a Brother; sincerely hoping this will meet yourself & +Family in health & happiness. Indeed common Experience convinces +me that there is very little Dependence upon either in this Life; +We too often mistake our true Happiness, and when we arrive to the +Enjoyment of that which seemd to promise it to us, we find that it is +all an imaginary Dream, at the best fleeting & transitory. We have an +affecting Instance of this within our own Connections; Your amiable +Sister Kitty was agreably married, and when in the daily Expectation +of seeing the happy Pledge of conjugal Affection, cutt off without a +moments Warning of the fatal Stroke of Death! Still more happy +however in another Life as we [have] abundant Reason to be +assured; for the Christian Temper & Behavior she constantly +exhibited, when she least expected it, afford us more solid hopes +of her present Happiness, than any Expressions she might have made +use of, had she been permitted, at the time of her Departure. One +would from this & other like Instances conclude, that to be +possessd of the Christian Principles, & to accommodate our whole +Deportment to such Principles, is to be happy in this Life; it is +this that sweetens every thing we enjoy; indeed of it self it +yields us full Satisfaction, & thus puts it out of the power of +the World to disappoint us by any of its frowns. + +Your last Letter mentioned your Expectation of the sudden +Dissolution of your General Assembly, which I perceive afterwards +took place. It appears still to be the determination of the +ministry to enslave the Colonies, and the Governors are to be the +Instruments. It therefore behoves every Colony to be vigilant; & +agreably to the Advice of the Pennsylvania Farmer, Each should +support the others. This Province seems to be devoted to +ministerial Vengeance. We have been long struggling against the +Incroachments of Tyranny, which now threatens its Completion by +the Independency of the Governor & the Judges of the superior +Court. If the Tribute which is by Acts of Parliament extorted from +the Americans, is appropriated for making the executive Power +totally independent of the People for their Support, while it is +absolutely dependent upon the Crown for its being as well as +Subsistence, there will be an End of freedom. In such Courts & +under such an Administration, you will easily conceive what +Constructions of Law & what Decisions the people are to expect. I +send you two or three of our latest papers; there may be some +Speculations upon the Subject in them, which you may think proper +to get republishd in your papers. + +You mentiond in one of your Letters your Intention to send your +Daughter here, than which nothing would be more agreable to us. + +Your Sister, my dear Betsy,2 joyns with me in Expressions of Love +to Mrs Wells, & begs me to assure you that she is, as I am in +strict truth +Yours affectionately, + + +1 Brother-in-law of Adams. +2 Mrs. Adams. + + + +TO ELBRIDGE GERRY. + +[J. T. Austin, Life of Elbridge Gerry, vol. i., Pp. 9, 10.] + +BOSTON, October 27, 1772. + +I have just now received your favour, dated this day. I am +perfectly of your opinion with regard to the independency of the +judges. It is a matter beyond doubt in my mind. I was told yesterday, +by one of his majesty's council, that Mr. Hutchinson has a letter by +the packet, from Bernard, which advises him of it as a fact. This town +is to meet to-morrow, to consider what is proper for them to do. We +have looked upon it as of so interesting a nature to us, that even the +report should alarm us. It is proposed by many among us to apply +to the judges for their explicit declaration, whether they will +accept of so odious a support, and to apply also to the governour +for a general assembly forthwith. I will write you on Thursday, +and let you know the event. Our enemies would intimidate us, by +saying our brethren in the other towns are indifferent about this +matter, for which reason I am particularly glad to receive your +letter at this time. Roxbury, I am told, is thoroughly awake. I wish +we could arouse the continent. + +I write in the utmost haste, + + + +TO ELBRIDGE GERRY. + +[MS., Samuel Adams Papers, Lenox Library; a text with slight +variations is in J. T. Austin, Life of Elbridge Gerry, vol. i., pp. +10-12.] + +BOSTON Oct 29 1772 + +MY DEAR SIR + +I wrote you in great Haste on Tuesday last. Since which the +Freeholders & other Inhabitts of this Town have had a Meeting,1 to +enquire into the Grounds of the Report that the Salaries of the +Judges are fixd & paid by order of the Crown, and to determine upon +such measures as should be proper for them to take upon so alarming +an Occasion. + +The inclosd paper contains a short but true Account of their +proceedings. It is proposd by some to petition the Governr to +order a session of the Genl Assembly, and that the Town should +expressly declare their natural & Charter Rights to their +Representatives, and the Instances in which they have been +violated peremptorily requiring them to take every Step which the +Constitution prescribes to redress our Grievances, or if every +such Step has been already taken, to inform their Constituents, +that they may devise such Measures as they may see their way clear +to take, or patiently bear the Yoke. I will acquaint you with the +proceedings of the Town as they pass. In the mean time I wish your +Town would think it proper to have a Meeting, which may be most +seasonable at this time. For as the Superr Court is to be held at +Salem next Week, you will have the Oppy of making a decent +Application to them, & enquiring of the Certainty of this Report, +& other matters mentd in your Letter to me. Which Enquiry will be +more naturally made to them in Case the Govr should decline +answering the message of this Town, or do it, if I may be allowd +the Expression, equivocally. + +This Country must shake off their intollerable burdens at all +Events. Every day strengthens our oppressors & weakens us. If each +Town would declare its Sense of these Matters I am perswaded our +Enemies would not have it in their power to divide us, in whh they +have all along shown their dexterity. Pray use your Influence with +Salem & other Towns - But I am now going with our Comt to his +Excellency.2 Shall be glad of a Letter from you. Your last I read +to the Town to their great Satisfaction though I concealed the +name of its worthy Author. + + +1 October 28, Boston Record Commissioners' Report, vol. xviii., p. +88. +2 Adams, Otis and Joseph Warren were members of a committee of +seven appointed by the Town of Boston on October 28 to present to +the Governor the address adopted by the Town on that date. Ibid., +p. 90. The address was prepared by a committee consisting of +Adams, Joseph Warren and Benjamin Church. The text is in ibid., p. +89. Cf. Works of John Adams, vol. ii., p. 299 (October 27, 1772). + + + +TO ARTHUR LEE.1 + +[MS., Samuel Adams Papers, Lenox Library; a text, with variations, +is in R. +H. Lee, Life of Arthur Lee, vol. ii., Pp. 193-195.] +BOSTON Novr 3 1772 + +MY DEAR SIR/ + +Since my last we have Advice that Lord Hillsborough is removd from +the American Department, & tho he makes his Exit with the smiles & +honors of the Court, he has the Curses of the disinterrested & +better part of the Colonists. Not that it is thought his Lordship +is by any means to be reckoned the most inveterate & active of all +the Conspirators against our Rights: There are others on this Side +of the Atlantick who have been more assiduous in plotting the Ruin +of our Liberties than even he, and they are the more infamous, +because the Country they would enslave, is that very Country in which +(to use the Words of their Adulators & Expectants) they were "born & +educated." + +The Character of Lord Dartmouth has been unexceptionable in +America in point of moral Virtue; I wish it could be ascertaind of +all his Majestys Ministers and Servants. It is the opinion I have +of them that makes me tremble for his Lordship, lest in the Circle +he should make Shipwreck of his Virtue. I am well informd that he +has wrote a very polite Letter to Hutchinson, in which he +expresses a Satisfaction in his Conduct, & tells him he has always +been of Opinion that the King has a Right to pay his Governors & +other officers but surely he should have made himself thoroughly +acquainted with the several political Institutions and Charters of +the Colonies as well as the nature of free Governments in general +before he explicitly & officially declares such an Opinion. I wish +a Consideration that he has to correspond with the most artful +plausible and insinuating Geniusses, & some of them the most +malicious Enemies of the common Rights of Mankind, might induce +his Lordship to be upon his Guard against too suddenly giving full +Credit to their Representations, which perhaps was the capital +mistake of his predecessor in office - our Conspirators were +alarmd at his Appointment & I believe are determined if they can +to impose upon his Credulity, if he has any such Weakness about +him. + +We are now alarmd with the Advice that the Judges of our Superior +Court, have Salaries appointed by order of the Crown, independent +of the people. This has occasiond a meeting of this metropolis, +the proceedings of which you have in the inclosed papers. At the +first meeting on the Wednesday2 & at the last Adjournment on the +Monday3 following, there was a respectable Appearance of the +Inhabitants, tho not so full as has sometimes been on Occasions of +much less Importance; owing partly to its being the Season of the +year when the Town is filled with our Country folks & every one is +laying up provisions necessary for the approaching long Winter, +partly from the Industry of the Enemies to prevent a full meeting +as they before had been to prevent any meeting at all (for they +dread nothing more) & partly from the Opinion of some that there +was no method left to be taken but the last, which is also the +Opinion of many in the Country. However as I said before, there +was a respectable meeting; and I think the Town has taken a +necessary Step to ascertain the true Sense of the Country with +regard to our Grievances, which being known, it will be the easier +to determine upon & prosecute to Effect the Methods which ought to +be taken for the Redress of our intollerable Grievances. The +Tories give out, tho in Whispers, that they expect what they call +a Breese before long, which they say they gather from the slow, +but regular Approaches that are made. They will form what Judgment +they please. Perhaps they begin to be apprehensive that the body +of a long insulted people will bear the Insults & Oppression no +longer than untill they feel in themselves Strength to shake off the +Yoke. If this is their Determination, it is justifiable as far as the +Declaration of Mr. H. himself has Weight; for I am told by a Gentleman +whom I can credit, that in Conversation he said there was nothing in +Morality that forbid Resistance. + +In your last you expressd your hopes of the removal of +Hillsborough. I could not joyn with you; for if I am to have a +master, let me have a severe one that I may always have the +mortifying Sense of it. I shall then always be disposed to take +the first fair Opportunity of ridding my self of Slavery. There is +danger of the peoples being flatterd with such partial Reliefe as +Lord Dartmouth may be able, (if disposed) to obtain for them & +building upon vain Hopes till their Chains are rivetted. Are they +not still heaping Grievance upon Grievance, & while they remain, +to what purpose would it be if his Lordship should get a few +boyish Instructions to the Govr relaxed? Would this be a reason +for a final Submission to a Tribute & Egyptian Taskmasters in +Support of despotick Power! The Tribute, the Tribute is the +Indignity which I hope in God will never be patiently borne by a +People who of all the people on the Earth deserve most to be free. + +I am astonishd that [Dr. Franklin] has written no Letter to the +Speaker. + +I shall write you by the next Ship. + + +1 Arthur Lee to Samuel Adams, January 25, 1773: "I have just now +received your favour of Nov. 3, 1772, together with a pamphlet and +some papers, for which I am extremely obliged to you. . . . I +shall take the liberty of putting the first part of your letter in +the newspapers here, as I think it extremely proper my Lord +Dartmouth should read the excellent admonition it contains." R. H. +Lee, Life of Arthur Lee, vol. i., p. 226. +2 Boston Record Commissioners' Report, vol. xviii., p. 88. +3 Ibid., p. 92. + + + +TO ELBRIDGE GERRY. + +[MS., Samuel Adams Papers, Lenox Library; a text, with variations, +is in J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 15-l8.] + +BOSTON 5 Novr 1772 + +MY DEAR SIR + +I recd with pleasure your Letter of the 2d Inst. I was sure you cd +not but be of Opinion, that Unanimity in the Measures taken by the +friends of the Country is of the utmost Importance. I must with +great Deferrence to your Judgment, think that even in our wretched +State, the mode of petitioning the Govr will have a good Effect. I +was aware that his Answers would be in the same high tone, in +which we find them expressd; yet our requests have been so +reasonable that in refusing to comply with them he must have put +himself in the wrong -, in the opinion of every honest & sensible +man; the Consequence of which will be, that such measures as the +people may determine upon to save themselves, if rational & manly, +will be the more reconcileable even to cautious minds, & thus we +may expect that Unanimity which we wish for. + +I have the satisfaction of inclosing the last proceedings of our +Town meeting, in which I think you will perceive a Coincidence +with your own Judgment, in a plan concerted for the whole to act +upon. Our timid sort of people are disconcerted, when they are +positively told that the Sentiments of the Country are different +from those of the City. Therefore a free Communication with each +Town will serve to ascertain this matter; and when once it appears +beyond Contradiction, that we are united in Sentiments there will +be a Confidence in each other, & a plan of Opposition will be +easily formed, & executed with Spirit. In such a Case (to return +your own Language with entire Approbation) those "who have Virtue +enough to oppose the wicked designs of the Great, will have this +for their boast that they have struggled for & with an honest +people." + +I was at first of your Opinion "that it wd be most proper for a +Come from Boston, united with Comtes from two or three other Towns +to wait on the Judges" &c. and I mentiond it to several Gentlemen +of the Neighboring Towns who approved of it, but so much Caution +prevails, that they suspected whether their respective towns wd +stir till Boston had given the Lead, (a needless Compliment to the +Capital); This turnd our Thoughts to the Measures taken by the +Town, & led me to conceive hopes, that as the Superr Court wd be +soon sitting at Salem, Mbl Head & other towns in that County would +come into such a proposal. + +I take Notice of what you observe "that our whole dependence as +people seems to be upon our own Wisdom & Valor," in which I fully +agree with you. It puts me in mind of a Letter I recd not along +ago from a friend of mine of some note in London, wherein he says, +"your whole dependence under God is upon your own Virtue, (Valor). +I know of no Noblemen in this Kingdom who care any thing about +you, excepting Lords Chatham & Shelburne, & you would do well to +be watchful even of them." + +I earnestly wish that the Inhabitants of Marblehead & other Towns +would severally meet, & if they see Cause, among other Measures, +second this town & appoint a Come to be ready to communicate with +ours1 when ready. This would at once discover an Union of Sentiments +thus far & have its Influence on other Towns. It wd at least show that +Boston is not wholly deserted, & might prevent "its falling a +Sacrifice to the Rage or ridicule of our (common) Enemies." +I shall be pleasd with your further Sentiments & am in strict truth, + + +1 The Boston Committee of Correspondence was appointed on November +2. "It was then moved by Mr Samuel Adams, That a Committee of +Correspondence be appointed to consist of twenty one Persons - to +state the Rights of the Colonists and of this Province in +particular, as Men, as Christians, and as Subjects; to communicate +and publish the same to the several Towns in this Province and to +the World as the sense of this Town, with the Infringements and +Violations thereof that have been, or from time to time may be +made - Also requesting of each Town a free communication of their +Sentiments on this Subject - And the Question being accordingly +put - Passed in the Affermative. Nem Cont. Boston Record Commissioner +Report, vol. xviii., p.93. Cf., William Gordon, History of the Rise, +Progress, and Establishment, of the Independence of the United States +of America, vol. i., pp. 312-314. + + + +TO ELBRIDGE GERRY. + +[MS., Samuel Adams Papers, Lenox Library; a text, with variations, +is in J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 19-21.] + +BOSTON Novr 14 1772 + +MY DEAR SIR + +Your Letter of the 10 Inst.1 did not come to my hand till this +Evening. It is a great Satisfaction to me to be assured from you +that the Friends to Liberty in Marblehead are active & that there +is like to be a Town meeting there. Our Committee are industrious, +and I think I may promise you, they will be ready to report to the +Town in two or three days; so that if your Town should think +proper to make an Adjournment for ten days or a Fortnight, they +will doubtless by that time if not before have an Opportunity of +acting upon our Resolutions. I am sorry when any of our Proceedings +are not exactly according to your Mind. The Word you object to2 in our +resolves was designd to introduce into our State of Grievances +"the Chh Innovations and the Establishment of those Tyrants in +Religion, Bishops" which as you observe will probably take place. +I cannot but hope, when you consider how indifferent too many of +the Clergy are to our just & righteous Cause, that some of them +are the Adulators of our Oppressors, and even some of the best of +them are extremely cautious of recommending (at least in their +publick performances), the Rights of their Country to the +protection of Heaven, lest they should give offence to the little +Gods on Earth, you will judge it quite necessary that we should +assert [and] vindicate our Rights as Christians as well as Men & +Subjects. + +The Town of Roxbury are to meet on Monday next; and a great Number +in Cambridge have subscribed a Petition to their Selectmen for a +Meeting there. I have recd a Letter from a Gentleman of Influence +in Plymouth who is pleasd to say, he thinks the general plan +adopted here will produce great Consequences if supported with +Spirit in the Country; & that he believes there will be no +Difficulty in getting a Meeting there & carrying the point in +seconding this town. He tells me, the Pulse of his fellow Townsmen +beat high and their resentment he supposes is equal to that of any +other Town. May God grant, that the Love of Liberty & a Zeal to +support it may enkindle in every town. If the Enemies should see +the flame bursting in different parts of the Country & distant +from each other, it might discourage their attempts to damp & +quench it. I am well assured they are alarmd at the Measure now +taking, being greatly apprehensive of the same Consequences from +it which our good friend at Plymouth hopes and expects. This +should animate us in carrying it into Execution. I beg you would +exert your utmost Influence in your neighboring towns and +elsewhere. I hear Nothing of old Salem. I fear they have had an +opiate administerd to them. I am told there has been a +Consultation there, a Cabal in which his E -- y presided. Pray let +me still be favord with your Letters & be assured I am sincerely + +YOUR FRIEND, + + +1 T. Austin, Life of Elbridge Gerry, vol. i., pp. 18, 19; the +original is in the Samuel Adams Papers, Lenox Library. +2 "Christians." + + + +THE RIGHTS OF THE COLONISTS, A LIST OF VIOLATIONS OF RIGHTS +AND A LETTER OF CORRESPONDENCE.1 + +Adopted by the Town of Boston, November 20, I772.2 + +[Boston Record Commissioners' Report, vol. xviii., pp. 94-108.] + +The Committee appointed by the Town the second Instant "to State +the Rights of the Colonists and of this Province in particular, as +Men, as Christians, and as Subjects; to communicate and publish the +same to the several Towns in this Province and to the World as the +sense of this Town with the Infringements and Violations thereof that +have been, or from Time to Time may be made. Also requesting of each +Town a free Communication of their Sentiments Reported First, a State +of the Rights of the Colonists and of this Province in particular -- +Secondly, A List of the Infringements, and Violations of those Rights. +-- Thirdly, A Letter of Correspondence with the other Towns. -- 1st. +Natural Rights of the Colonists as Men. -- Among the Natural Rights of +the Colonists are these First. a Right to Life; Secondly to Liberty; +thirdly to Property; together with the Right to support and defend +them in the best manner they can - Those are evident Branches of, +rather than deductions from the Duty of Self Preservation, commonly +called the first Law of Nature - + +All Men have a Right to remain in a State of Nature as long as +they please: And in case of intollerable Oppression, Civil or +Religious, to leave the Society they belong to, and enter into +another. -- When Men enter into Society, it is by voluntary +consent; and they have a right to demand and insist upon the +performance of such conditions, And previous limitations as form +an equitable original compact. --- + +Every natural Right not expressly given up or from the nature of a +Social Compact necessarily ceded remains. + +All positive and civil laws, should conform as far as possible, to +the Law of natural reason and equity. - + +As neither reason requires, nor religeon permits the contrary, +every Man living in or out of a state of civil society, has a +right peaceably and quietly to worship God according to the +dictates of his conscience. - + +"Just and true liberty, equal and impartial liberty" in matters +spiritual and temporal, is a thing that all Men are clearly +entitled to, by the eternal and immutable laws Of God and nature, +as well as by the law of Nations, & all well grounded municipal +laws, which must have their foundation in the former. - + +In regard to Religeon, mutual tolleration in the different professions +thereof, is what all good and candid minds in all ages have ever +practiced; and both by precept and example inculcated on mankind: +And it is now generally agreed among christians that this spirit +of toleration in the fullest extent consistent with the being of +civil society "is the chief characteristical mark of the true +church " 3 & In so much that Mr Lock has asserted, and proved +beyond the possibility of contradiction on any solid ground, that +such toleration ought to be extended to all whose doctrines are +not subversive of society. The only Sects which he thinks ought to +be, and which by all wise laws are excluded from such toleration, are +those who teach Doctrines subversive of the Civil Government under +which they live. The Roman Catholicks or Papists are excluded by +reason of such Doctrines as these "that Princes excommunicated may be +deposed, and those they call hereticks may be destroyed without +mercy; besides their recognizing the Pope in so absolute a manner, +in subversion of Government, by introducing as far as possible +into the states, under whose protection they enjoy life, liberty +and property, that solecism in politicks, Imperium in imperio 4 +leading directly to the worst anarchy and confusion, civil +discord, war and blood shed - + +The natural liberty of Men by entring into society is abridg'd or +restrained so far only as is necessary for the Great end of +Society the best good of the whole- + +In the state of nature, every man is under God, Judge and sole +Judge, of his own rights and the injuries done him: By entering +into society, he agrees to an Arbiter or indifferent Judge between +him and his neighbours; but he no more renounces his original +right, than by taking a cause out of the ordinary course of law, +and leaving the decision to Referees or indifferent Arbitrations. +In the last case he must pay the Referees for time and trouble; he +should be also willing to pay his Just quota for the support of +government, the law and constitution; the end of which is to +furnish indifferent and impartial Judges in all cases that may +happen, whether civil ecclesiastical, marine or military. - + +"The natural liberty of man is to be free from any superior power +on earth, and not to be under the will or legislative authority of +man ; but only to have the law of nature for his rule."- + +In the state of nature men may as the Patriarchs did, employ hired +servants for the defence of their lives, liberty and property: and +they should pay them reasonable wages. Government was instituted +for the purposes of common defence; and those who hold the reins +of government have an equitable natural right to an honourable +support from the same principle "that the labourer is worthy of +his hire" but then the same community which they serve, ought to +be assessors of their pay: Governors have no right to seek what +they please; by this, instead of being content with the station +assigned them, that of honourable servants of the society, they +would soon become Absolute masters, Despots, and Tyrants. Hence as +a private man has a right to say, what wages he will give in his +private affairs, so has a Community to determine what they will +give and grant of their Substance, for the Administration of +publick affairs. And in both cases more are ready generally to +offer their Service at the proposed and stipulated price, than are +able and willing to perform their duty. - + +In short it is the greatest absurdity to suppose it in the power +of one or any number of men at the entering into society, to +renounce their essential natural rights, or the means of +preserving those rights when the great end of civil government +from the very nature of its institution is for the support, +protection and defence of those very rights: the principal of +which as is before observed, are life liberty and property. If men +through fear, fraud or mistake, should in terms renounce and give +up any essential natural right, the eternal law of reason and the +great end of society, would absolutely vacate such renunciation; +the right to freedom being the gift of God Almighty, it is not in +the power of Man to alienate this gift, and voluntarily become a +slave -- + +2d The Rights of the Colonists as Christians - These may be best +understood by reading - and carefully studying the institutes of +the great Lawgiver and head of the Christian Church: which are to +be found closely5 written and promulgated in the New Testament - + +By the Act of the British Parliament commonly called the +Toleration Act, every subject in England Except Papists &c was +restored to, and re-established in, his natural right to worship +God according to the dictates of his own conscience. And by the +Charter of this Province it is granted ordained and established +(that it is declared as an original right) that there shall be +liberty of conscience allowed in the worship of God, to all +christians except Papists, inhabiting or which shall inhabit or be +resident within said Province or Territory.6 Magna Charta itself +is in substance but a constrained Declaration, or proclamation, +and promulgation in the name of King, Lord, and Commons of the +sense the latter had of their original inherent, indefeazible +natural Rights,7 as also those of free Citizens equally perdurable +with the other. That great author that great jurist, and even that +Court writer W Justice Blackstone holds that this recognition was +justly obtained of King John sword in hand: and peradventure it must +be one day sword in hand again rescued and preserved from total +destruction and oblivion. + +3d. The Rights of the Colonists as Subjects + +A Common Wealth or state is a body politick or civil society of +men, united together to promote their mutual safety and prosperity, +by means of their union.8 + +The absolute Rights of Englishmen, and all freemen in or out of +Civil society, are principally, personal security personal liberty +and private property. + +All Persons born in the British American Colonies are by the laws +of God and nature, and by the Common law of England, exclusive of +all charters from the Crown, well Entitled, and by the Acts of the +British Parliament are declared to be entitled to all the natural +essential, inherent & inseperable Rights Liberties and Privileges +of Subjects born in Great Britain, or within the Realm. Among +those Rights are the following; which no men or body of men, +consistently with their own rights as men and citizens or members +of society, can for themselves give up, or take away from others + +First, "The first fundamental positive law of all Commonwealths or +States, is the establishing the legislative power; as the first +fundamental natural law also, which is to govern even the legislative +power itself, is the preservation of the Society."9 + +Secondly, The Legislative has no right to absolute arbitrary power +over the lives and fortunes of the people: Nor can mortals assume +a prerogative, not only too high for men, but for Angels; and +therefore reserved for the exercise of the Deity alone. - + +"The Legislative cannot Justly assume to itself a power to rule by +extempore arbitrary decrees; but it is bound to see that Justice +is dispensed, and that the rights of the subjects be decided, by +promulgated, standing and known laws, and authorized independent +Judges;" that is independent as far as possible of Prince or +People. "There shall be one rule of Justice for rich and poor; for +the favorite in Court, and the Countryman at the Plough."10 + +Thirdly, The supreme power cannot Justly take from any man, any +part of his property without his consent, in person or by his +Representative. - + +These are some of the first principles of natural law & Justice, +and the great Barriers of all free states, and of the British +Constitution in particular. It is utterly irreconcileable to these +principles, and to many other fundamental maxims of the common +law, common sense and reason, that a British house of commons, +should have a right, at pleasure, to give and grant the property +of the Colonists. That these Colonists are well entitled to all +the essential rights, liberties and privileges of men and freemen, +born in Britain, is manifest, not only from the Colony charter, in +general, but acts of the British Parliament. + +The statute of the 13th of George 2. c. 7. naturalizes even +foreigners after seven years residence. The words of the +Massachusetts Charter are these, "And further our will and +pleasure is, and we do hereby for us, our heirs and successors, +grant establish and ordain, that all and every of the subjects of +us, our heirs and successors, which shall go to and inhabit within +our said province or territory and every of their children which +shall happen to be born there, or on the seas in going thither, or +returning from thence shall have and enjoy, all liberties and +immunities of free and natural subjects within any of the +dominions of us, our heirs and successors, to all intents +constructions & purposes whatsoever as if they and every of them +were born within this our Realm of England." Now what liberty can +there be, where property is taken away without consent? Can it be +said with any colour of truth and Justice, that this Continent of +three thousand miles in length, and of a breadth as yet +unexplored, in which however, its supposed, there are five +millions of people, has the least voice, vote or influence in the +decisions of the British Parliament? Have they, all together, any +more right or power to return a single number11 to that house of +commons, who have not inadvertently, but deliberately assumed a' +power to dispose of their lives,12 Liberties and properties, then13 +to choose an Emperor of China! Had the Colonists a right to +return members to the british parliament, it would only be +hurtfull; as from their local situation and circumstances it is +impossible they should be ever truly and properly represented +there. The inhabitants of this country in all probability in a few +years will be more numerous, than those of Great Britain and +Ireland together; yet it is absurdly expected by the promoters of +the present measures, that these, with their posterity to all +generations, should be easy while their property, shall be +disposed of by a house of commons at three thousand miles distant +from them; and who cannot be supposed to have the least care or +concern for their real interest: Who have not only no natural care +for their interest, but must be in effect bribed against it; as +every burden they lay on the colonists is so much saved or gained +to themselves. Hitherto many of the Colonists have been free from +Quit Rents; but if the breath of a british house of commons can +originate an act for taking away all our money, our lands will go +next or be subject to rack rents from haughty and relentless +landlords who will ride at ease, while we are trodden in the dirt. +The Colonists have been branded with the odious names of traitors +and rebels, only for complaining of their grievances; How long +such treatment will, or ought to be born is submitted. + +A List of Infringements & Violations of Rights + +We cannot help thinking, that an enumeration of some of the most +open infringments of our rights, will by every candid Person be +Judged sufficient to Justify whatever measures have been already +taken, or may be thought proper to be taken, in order to obtain a +redress of the Grievances under which we labour. + +Among many others we Humbly conceive, that the following will not +fail to excite the attention of all who consider themselves +interested in the happiness and freedom of mankind in general, and +of this continent and province in particular. + +1st - The British Parliament have assumed the power of legislation +for the Colonists in all cases whatsoever, without obtaining the +consent of the Inhabitants, which is ever essentially necessary to +the right establishment of such a legislative - + +2d - They have exerted that assumed power, in raising a Revenue in +the Colonies without their consent; thereby depriving them of that +right which every man has to keep his own earnings in his own +hands until he shall in person, or by his Representative, think +fit to part with the whole or any portion of it. This infringement +is the most extraordinary, when we consider the laudable care +which the British House of Commons have taken to reserve intirely +and absolutely to themselves the powers of giving and granting +moneys. They not only insist on originating every money bill in +their own house, but will not even allow the House of Lords to +make an amendment in these bills. So tenacious are they of this +privilege, so jealous of any infringement of the sole & absolute +right the people have to dispose of their own money. And what +renders this infringement the more grievous is, that what of our +earnings still remains in our own hands is in a great measure +deprived of its value, so long as the British Parliament continue +to claim and exercise this power of taxing us; for we cannot +Justly call that our property which others may, when they please +take away from us against our will. - + +In this respect we are treated with less decency and regard than +the Romans shewed even to the Provinces which They had conquered. +They only determined upon the sum which each should furnish, and +left every Province to raise it in the manner most easy and +convenient to themselves - + +3d - A number of new Officers, unknown in the Charter of this +Province, have been appointed to superintend this Revenue, whereas +by our Charter the Great & General Court or Assembly of this +Province has the sole right of appointing all civil officers, +excepting only such officers, the election and constitution of +whom is in said charter expressly excepted; among whom these +Officers are not included. - + +4th - These Officers are by their Commission invested with powers +altogether unconstitutional, and entirely destructive to that +security which we have a right to enjoy; and to the last degree +dangerous, not only to our property; but to our lives: For the +Commissioners of his Majestys customs in America, or any three of +them, are by their Commission impowered," by writing under their +hands and seales to constitute and appoint inferior Officers in +all and singular the Port within the limits of their commissions" +Each of these. petty officers so made is intrusted with power more +absolute and arbitrary than ought to be lodged in the hands of any +man or body of men whatsoever; for in the commission +aforementioned, his Majesty gives & grants unto his said +Commissioners, or any three of them, and to all and every the +Collectors Deputy Collectors, Ministers, Servants, and all other +Officers serving and attending in all and every the Ports and +other places within the limits of their Commission, full power and +authority from time to time, at their and any of their wills and +pleasures, as well By Night as by day to enter and go on board any +Ship, Boat, or other Vessel, riding lying or being within, or +coming into any Port, Harbour, Creek or Haven, within the limits +of their commission; and also in the day time to go into any +house, shop, cellar, or any other place where any goods wares or +merchandizes lie concealed, or are suspected to lie concealed, +whereof the customs & other duties, have not been, or shall not +be, duly paid and truly satisfied, answered or paid unto the +Collectors, Deputy Collectors, Ministers, Servants, and other +Officers respectively, or otherwise agreed for; and the said +house, shop, warehouse, cellar, and other place to search and +survey, and all and every the boxes, trunks, chests and packs then +and there found to break open." - + +Thus our houses and even our bed chambers, are exposed to be +ransacked, our boxes chests & trunks broke open ravaged and +plundered by wretches, whom no prudent man would venture to employ +even as menial servants; whenever they are pleased to say they +suspect there are in the house wares &c for which the dutys have +not been paid. Flagrant instances of the wanton exercise of this +power, have frequently happened in this and other sea port Towns. +By this we are cut off from that domestick security which renders +the lives of the most unhappy in some measure agreable. Those +Officers may under colour of law and the cloak of a general +warrant, break thro' the sacred rights of the Domicil, ransack +mens houses, destroy their securities, carry off their property, +and with little danger to themselves commit the most horred +murders. - + +And we complain of it as a further grievance, that notwithstanding +by the Charter of this Province, the Governor and the Great and +General Court or Assembly of this Province or Territory, for the +time being shall have full power and authority, from time to time, +to make, ordain and establish all manner of wholesome and +reasonable laws, orders, statutes, and ordinances, directions and +instructions, and that if the same shall not within the term of +three years after presenting the same to his Majesty in privy +council be disallowed, they shall be and continue in full force +and effect, untill the same shall be repealed by the Great and +General Assembly of this Province: Yet the Parliament of Great +Britain have rendered or attempted to render, null and void a law +of this Province made and passed in the Reign of his late Majesty +George the first, intitled "An Act stating the Fees of the Custom- +house Officers within this Province" and by meer dint of power, in +violation of the Charter aforesaid, established other and +exorbitant fees, for the same Officers; any law of the Province to +the contrary notwithstanding - + +5th - Fleets and Armies have been introduced to support these +unconstitutional Officers in collecting and managing this +unconstitutional Revenue; and troops have been quarter'd in this +Metropolis for that purpose. Introducing and quartering standing +Armies in a free Country in times of peace without the consent of +the people either by themselves or by their Representatives, is, +and always has been deemed a violation of their rights as freemen; +and of the Charter or Compact made between the King of Great +Britain, and the People of this Province, whereby all the rights +of British Subjects are confirmed to us. - + +6th - The Revenue arising from this tax unconstitutionally laid, +and committed to the management of persons arbitrarily appointed +and supported by an armed force quartered in a free City, has been +in part applyed to the most destructive purposes. It is +absolutely necessary in a mixt government like that of this +Province, that a due proportion or balance of power should be +established among the several branches of legislative. Our +Ancestors received from King William & Queen Mary a Charter by +which it was understood by both parties in the contract, that such +a proportion or balance was fixed; and therefore every thing which +renders any one branch of the Legislative more independent of the +other two than it was originally designed, is an alteration of the +constitution as settled by the Charter; and as it has been untill +the establishment of this Revenue, the constant practise of the +General Assembly to provide for the support of Government, so it +is an essential part of our constitution, as it is a necessary +means of preserving an equilibrium, without which we cannot +continue a free state. - + +In particular it has always been held, that the dependence of the +Governor of this Province upon the General Assembly for his +support, was necessary for the preservation of this equilibrium; +nevertheless his Majesty has been pleased to apply fifteen hundred +pounds sterling annually out of the American revenue, for the +support of the Governor of this Province independent of the +Assembly, whereby the ancient connection between him and this +people is weakened, the confidence in the Governor lessened and +the equilibrium destroyed, and the constitution essentially +altered. - + +And we look upon it highly probable from the best intelligence we +have been able to obtain, that not only our Governor and +Lieuvetenant Governor, but the Judges of the Superior Court of +Judicature, as also the Kings Attorney and Solicitor General are +to receive their support from this Grievous tribute. This will if +accomplished compleat our slavery. For if taxes are raised from us +by the Parliament of Great Britain without our consent, and the +men on whose opinions and decisions our properties liberties and +lives, in a great measure depend, receive their support from the +Revenues arising from these taxes, we cannot, when we think on the +depravity of mankind, avoid looking with horror on the danger to +which we are exposed? The British Parliament have shewn their +wisdom in making the Judges there as independent as possible both +on the Prince and People, both for place and support: But our +Judges hold their Commissions only during pleasure; the granting +them salaries out of this Revenue is rendering them independent on +the Crown for their support. The King upon his first accession to +the Throne, for giving the last hand to the independency of the +Judges in England, not only upon himself but his Successors by +recommending and consenting to an act of Parliament, by which the +Judges are continued in office, notwithstanding the demise of a +King, which vacates all other Commissions, was applauded by the +whole Nation. How alarming must it then be to the Inhabitants of +this Province, to find so wide a difference made between the +Subjects in Britain and America, as the rendering the Judges here +altogether dependent on the Crown for their support. - + +7th - We find ourselves greatly oppressed by Instructions sent to +our Governor from the Court of Great Britain, whereby the first +branch of our legislature is made merely a ministerial engine. And +the Province has already felt such effects from these +Instructions, as We think Justly intitle us to say that they +threaten an entire destruction of our liberties, and must soon, if +not checked, render every branch of our Government a useless +burthen upon the people. We shall point out some of the alarming +effects of these Instructions which have already taken place. - + +In consequence of Instructions, the Governor has called and +adjourned our General Assemblies to a place highly inconvenient to +the Members and grately disadvantageous to the interest of the +Province, even against his own declared intention - + +In consequence of Instructions, the Assembly has been prorogued +from time to time, when the important concerns of the Province +required their Meeting - + +In obedience to Instructions, the General Assembly was Anno 1768 +dissolved by Governor Bernard, because they would not consent to +rescind the resolution of a former house, and thereby sacrifise +the rights of their constituents. - + +By an Instruction, the honourable his Majesty Council are forbid +to meet and transact matters of publick concern as a Council of +advice to the Governor, unless called by the Governor; and if they +should from a zealous regard to the interest of the Province so +meet at any time, the Governor is ordered to negative them at the +next Election of Councellors. And although by the Charter of this +Province the Great & General Court have full power and authority +to impose taxes upon the estates and persons of all and every the +proprietors and inhabitants of this Province, yet the Governor has +been forbidden to give his consent to act imposing a tax for the +necessary support of government, unless such persons as were +pointed out In the said instruction, were exempted from paying +their Just proportion of said tax - + +His Excellency has also pleaded Instructions for giving up the +provincial fortress, Castle William into the hands of troops, over +whom he had declared he had no controul (and that at a time when +they were menaceing the Slaughter of the Inhabitants of the Town, +and our Streets were stained with the blood which they had +barbariously shed) Thus our Governor, appointed and paid from +Great Britain with money forced from us, is made an instrument of +totally preventing or at least of rendering [futile], every +attempt of the other two branches of the Legislative in favor of a +distressed and wronged people: And least the complaints naturally +occasioned by such oppression should excite compassion in the +Royal breast, and induce his Majesty seriously to set about +relieving us from the cruel bondage and insult which we his loyal +Subjects have so long suffered, the Governor is forbidden to +consent to the payment of an Agent to represent our grievances at +the Court of Great Britain, unless he the Governor consent to his +election, and we very well know what the man must be to whose +appointment a Governor in such circumstances will consent - + +While we are mentioning the infringement of the rights of +this Colony in particular by means of Instructions, we cannot help +calling to remembrance the late unexampled suspension of the +legislative of a Sister Colony, New York by force of an +Instruction, untill they should comply with an Arbitrary Act of +the British Parliament for quartering troops, designed by military +execution, to enforce the raising of a tribute. - + +8th - The extending the power of the Courts of Vice Admirality to +so enormous a degree as deprives the people in the Colonies in a +great measure of their inestimable right to tryals by Juries., +which has ever been Justly considered as the grand Bulwark and +security of English property. + +This alone is sufficient to rouse our jealousy:And we are again +obliged to take notice of the remarkable contrast, which the +British Parliament has been pleased to exhibit between the +Subjects in Great Britain & the Colonies. In the same Statute, by +which they give up to the decision of one dependent interested +Judge of Admirality the estates and properties of the Colonists, +they expressly guard the estates & properties of the people of +Great Britain; for all forfeitures & penalties inflicted by the +Statute of George the Third, or any other Act of Parliament +relative to the trade of the Colonies, may be sued for in any +Court of Admiralty in the Colonies; but all penalties and +forfeitures which shall be incurred in Great Britain, may be sued +for in any of his Majestys Courts of Record in Westminster or in +the Court of Exchequer in Scotland, respectively. Thus our Birth +Rights are taken from us; and that too with every mark of +indignity, insult and contempt. We may be harrassed and dragged +from one part of the Continent to the other (which some of our +Brethren here and in the Country Towns already have been) and +finally be deprived of our whole property, by the arbitrary +determination of one biassed, capricious Judge of the Admirality. + +9th - The restraining us from erecting Stilling Mills for +manufacturing our Iron the natural produce of this Country, Is an +infringement of that right with which God and nature have invested +us, to make use of our skill and industry in procuring the +necessaries and conveniences of life. And we look upon the +restraint laid upon the manufacture and transportation of Hatts to +be altogether unreasonable and grievous. Although by the Charter +all Havens Rivers, Ports, Waters, &c. are expressly granted the +Inhabitants of the Province and their Successors, to their only +proper use and behoof forever, yet the British Parliament passed +an Act, whereby they restrain us from carrying our Wool, the +produce of our own farms, even over a ferry; whereby the +Inhabitants have often been put to the expence of carrying a Bag +of Wool near an hundred miles by land, when passing over a River +or Water of one quarter of a mile, of which the Province are the +absolute Proprietors, would have prevented all that trouble. - + +10th - The Act passed in the last Session of the British +Parliament, intitled, An Act for the better preserving his +Majestys Dock Yards, Magizines, Ships, Ammunition and Stores, is, +as we apprehend a violent infringement of our Rights. By this Act +any one of us may be taken from his Family, and carried to any +part of Great Britain, there to be tried whenever it shall be +pretended that he has been concerned in burning or otherwise +destroying any Boat or Vessel, or any Materials for building &c. +any Naval or Victualling Store &c. belonging to his Majesty. For +by this Act all Persons in the Realm, or in any of the places +thereto belonging (under which denomination we know the Colonies +are meant to be included) may be indicted and tryed either in any +County or Shire within this Realm, in like manner and form as if +the offence had been committed in said County, as his Majesty and +his Successors may deem Most expedient. Thus we are not only +deprived of our grand right to tryal by our Peers in the Vicinity, +but any Person suspected, or pretended to be suspected, may be +hurried to Great Britain, to take his tryal in any County the King +or his Successors shall please to direct; where, innocent or +guilty he is in great danger of being condemned; and whether +condemned or acquitted he will probably be ruined by the expense +attending the tryal, and his long absence from his Family and +business; and we have the strongest reason to apprehend that we +shall soon experience the fatal effects of this Act, as about the +year 1769 the British Parliament passed Resolves for taking up a +number of Persons in the Colonies and carrying them to Great +Britain for tryal, pretending that they were authorised so to do, +by a Statute passed in the Reign of Henry the Eighth, in which +they say the Colonies were included, although the Act was passed +long before any Colonies were settled, or even in contemplation. - + +11th - As our Ancestors came over to this Country that they might +not only enjoy their civil but their religeous rights, and +particularly desired to be free from the Prelates, who in those +times cruilly persecuted all who differed in sentiment from the +established Church; we cannot see without concern the various +attempts, which have been made and are now making, to establish an +American Episcopate. Our Episcopal Brethren of the Colonies do +enjoy, and rightfully ought ever to enjoy, the free exercise of +their religeon, we cannot help fearing that they who are are so +warmly contending for such an establishment, have views altogether +inconsistent with the universal and peaceful enjoyment of our +christian privileges: And doing or attempting to do any thing +which has even the remotest tendency to endanger this enjoyment, +is Justly looked upon a great grievance, and also an infringement +of our Rights, which is not barely to exercise, but peaceably & +securely to enjoy, that liberty wherewith CHRIST has made us free. + +And we are further of Opinion, that no power on Earth can justly +give either temporal or spiritual Jurisdiction within this +Province, except the Great & General Court. We think therefore +that every design for establishing the Jurisdiction of a Bishop in +this Province, is a design both against our Civil and Religeous +rights: And we are well informed, that the more candid and +Judicious of our Brethren of the Church of England in this and the +other Colonies, both Clergy and Laity, conceive of the +establishing an American Episcopate both unnecessary and +unreasonable. - + +12th - Another Grievance under which we labour is the frequent +alteration of the bounds of the Colonies by decisions before the +King and Council, explanatory of former grants and Charters. This +not only subjects Men to live under a constitution to which they +have not consented, which in itself is a great Grievance; but +moreover under color, that the right of Soil is affected by such +declarations, some Governors, or Ministers, or both in +conjunction, have pretended to Grant in consequence of a Mandamus +many thousands of Acres of Lands appropriated near a Century past; +and rendered valuable by the labors of the present Cultivators and +their Ancestors. There are very notable instances of Setlers, who +having first purchased the Soil of the Natives, have at +considerable expence obtained confermation of title from this +Province; and on being transferred to the Jurisdiction of the +Province of New Hampshire have been put to the trouble and cost of +a new Grant or confermation from thence and after all this there +has been a third declaration of Royal Will, that they should +thence forth be considered as pertaining To the Province of New +York. The troubles, expences and dangers which hundreds have been +put to on such occasions, cannot here be recited; but so much may +be said, that they have been most cruelly harrassed, and even +threatned with a military force, to dragoon them into a +compliance, with the most unreasonable demands. + +A Letter of Correspondence to the Other Towns. +Boston November 20: 1772 + +Gentlemen We the Freeholders and other Inhabitants of Boston in +Town Meeting duly Assembled, according to Law, apprehending there +is abundant to be alarmed at14 the plan of Despotism, which the +enemies of our invaluable rights have concerted, is rapidly +hastening to a completion, can no longer conceal our impatience +under a constant, unremitted, uniform aim to enslave us, or confide in +an Administration which threatens us with certain and inevitable +destruction. But, when in addition to the repeated inroads made upon +the Rights and Liberties of the Colonists, and of those in this +Province in particular, we reflect on the late extraordinary measure +in affixing stipends or Salaries from the Crown to the Offices of the +Judges of the Superior Court of Judicature, making them not only +intirely independent of the people, whose lives and properties are so +much in their power, but absolutely dependent on the Crown (which may +hereafter, be worn by a Tyrant) both for their appointment and +support, we cannot but be extremely alarmed at the mischievous +tendency of this innovation; which in our opinion is directly contrary +to the spirit of the British Constitution, pregnant with innumerable +evils, and hath a direct tendency To deprive us of every thing +valuable as Men, as Christians and as Subjects, entitled, by the Royal +Charter, to all the Rights, liberties and privileges of native +Britons. Such being the critical state of this Province, we think it +our duty on this truly distressing occasion, to ask you, What can +withstand the Attacks of mere power? What can preserve the liberties +of the Subject, when the Barriers of the Constitution are taken away? +The Town of Boston consulting on the matter above mentioned, thought +proper to make application to the Governor by a Committee; requesting +his Excellency to communicate such intelligence as he might have +received relative to the report of the Judges having their support +independent of the grants of this Province a Copy of which you have +herewith in Paper N. 1.15 To which we received as answer, the Paper N. +2.16 The Town on further deliberation, thought it advisable to refer +the matter to the Great and General Assembly; and accordingly in a +second address as N. 3.17 they requested his Excellency that the +General Court might Convene at the time to which they then stood +prorogued; to which the Town received the reply as in N. 4.18 in which +we are acquainted with his intentions further to prorogue the General +Assembly, which has since taken place. Thus Gentlemen it is evident +his Excellency declines giving the least satisfaction as to the matter +in request. The affair being of publick concernment, the Town of +Boston thought it necessary to consult with their Brethren throughout +the Province; and for this purpose appointed a Committee, to +communicate with our fellow Sufferers, respecting this recent instance +of oppression, as well as the many other violations of our Rights +under which we have groaned for several Years past - This Committee +have briefly Recapitulated the sense we have of our invaluable Rights +as Men, as Christians, and as Subjects; and wherein we conceive those +Rights to have been violated, which we are desirous may be laid before +your Town, that the subject may be weighed as its importance requires, +and the collected wisdom of the whole People, as far as possible, be +obtained, on a deliberation of such great and lasting moment as to +involve in it the fate of all our Posterity - Great pains has been +taken to perswade the British Administration to think that the good +People of this Province in general are quiet and undisturbed at the +late measures; and that any uneasiness that appears, arises from a few +factious designing and disaffected men. This renders it the more +necessary, that the sense of the People should be explicitly declared. +- A free communication of your sentiments to this Town, of our common +danger, is earnestly solicited and will be gratefully received. If you +concur with us in opinion, that our Rights are properly stated, and +that the several Acts of Parliament, and Measures of Administration, +pointed out by us are subversive of these Rights, you will doubtless +think it of the utmost importance that we stand firm as one man, to +recover and support them; and to take such measures by directing our +Representatives, or otherwise, as your wisdom and fortitude shall +dictate, to rescue from impending ruin our happy and glorious +constitution. But if it should be the general voice of this Province, +that the Rights as we have stated them, do not belong to us; or that +the several measures of Administration in the British Court, are no +violations of these Rights, or that if they are thus violated or +infringed, they are not worth contending for, or resolutely +maintaining; - should this be the general voice of the Province, we +must be resigned to our wretched fate; but shall forever lament the +extinction of that generous ardor for Civil and Religeous liberty, +which in the face of every danger, and even death itself, induced our +fathers to forsake the bosom of their Native Country, and begin a +settlement on bare Creation - But we trust this cannot be the case: We +are sure your wisdom, your regard to yourselves and the rising +Generation, cannot suffer you to dose, or set supinely indifferent on +the brink of destruction, while the Iron hand of oppression is dayly +tearing the choicest Fruit from the fair Tree of Liberty, planted by +our worthy Predecessors, at the expence of their treasure, & +abundantly water'd with their blood - It is an observation of an +eminent Patriot, that a People long inured to hardships, loose by +degrees the very notions of liberty; they look upon themselves as +Creatures at mercy, and that all impositions laid on by superior +hands, are legal and obligatory. - But thank Heaven this is not +yet verified in America! We have yet some share of publick virtue +remaining: we are not afraid of poverty, but disdain slavery. - +The fate of Nations is so Precarious and revolutions in States so +often take place at an unexpected moment, when the hand of power +by fraud or flattery, has secured every Avenue of retreat, and the +minds of the Subject debased to its purpose, that it becomes every +well wisher to his Country, while it has any remains of freedom, +to keep an Eagle Eye upon every inovation and stretch of power, in +those that have the rule over us. A recent instance of this we +have in the late Revolutions in Sweden, by which the Prince once +subject to the laws of the State, has been able of a sudden to +declare himself an absolute Monarch The Sweeds were once a free, +martial and valient people: Their minds are now so debaced, that +they rejoice at being subject to the caprice and arbitrary power +of a Tyrant & kiss their Chains. It makes us shudder to think, the +late measures of Administration may be productive of the like +Catastrophe; which Heaven forbid! - Let us consider Brethren, we +are struggling for our best Birth Rights & Inheritance; which +being infringed, renders all our blessings precarious in their +enjoyments, and consequently trifling in their value. Let us +disappoint the Men who are raising themselves on the ruin of this +Country. Let us convince every Invader of our freedom, that we will be +as free as the Constitution our Fathers recognized, will Justify. - 19 + + +1 A complete draft of the "Rights of the Colonists," in the +handwriting of Adams, is in the Committee of Correspondence +Papers, Lenox Library; in the same collection is a copy of the +"List of Violations," said to be in the handwriting of William +Eustis, a medical student under Joseph Warren; also in the same +collection is a draft of the " Letter of Correspondence," with +corrections in the autograph of Adams. The preface to the English +edition of the "Rights of the Colonists" is printed in J. Bigelow, +Complete Works of Benjamin Franklin, vol. iv., pp. 542-548, and in +the Boston Gazette, May 3, 1773. +2 In the Committee of Correspondence Papers, Lenox Library, is the +original warrant for this town meeting, with the original return +thereon signed by the twelve constables of the town. The +collection also contains the rough draft minutes of the meeting, +made by the town clerk, William Cooper. +3 See Locks Letters on Toleration. +4 A Government within a Government- +5 So printed. The draft and pamphlet edition read "clearly." +6 See x. Wm. and Mary. St. 2. C. 18 - and Massachusetts Charter. +7 Lord Cokes Im.2 Blackstone, Commentaries - Vol. 1st, Page 122. +2 So printed. The draft and pamphlet edition read "Inst." +8 See Lock and Vatel - +9 Locke on Government. Salus Populi Suprema Lex esto - +10 Locke - +11 So printed. The draft and pamphlet edition read "member." +12 See the Act of the last Session, relating to the Kings Dock +Yards - +13 So printed. The draft and pamphlet edition read "than." +14 So printed. Corrected by Adams in the draft to read “that.” +15 Prepared by a committee consisting of Adams, Joseph Warren and +Benjamin Church. The text is in Boston Record Commissioners' +Report, vol. xviii., +p. 89. +16 The text is in ibid., p. 90. +17 Prepared by a committee consisting of Adams, James Otis and +Thomas Cushing. The text is in ibid., p. 91. +18 The text is in ibid., p. 92. +19 The four papers mentioned in the “Letter of Correspondence" are +included in the pamphlet edition of the three principal documents +printed by order of the town for distribution among the other +towns of the province. (Cf. Boston Record Commissioners' Report, +vol. xviii., p. 94.) The title page of the pamphlet edition was as +follows: The Votes and Proceedings of the Freeholders and other +Inhabitants of the Town of Boston, In Town Meeting Assembled, +According to Law. [Published by Order of the Town.] To which is +prefixed, as Introductory, An attested Copy of a Vote of the Town at +a preceeding Meeting. Boston: Printed by Edes and Gill, in Queen +Street, and T. and J. Fleet, in Cornhill. +For a claim that the "Letter of Correspondence" was written by +Benjamin Church, see R. Frothingham, Life of Joseph Warren, p. 206. +As to the "Rights of the Colonists," see also W. V. Wells, Life of +Samuel Adams, vol. i., p. 501. In addition to the complete draft, a +preliminary draft, or outline of topics, of the " Rights" is in +the Samuel Adams Papers. + + + +ARTICLE SIGNED "VINDEX." + +[Boston Gazette, November 30, I772.1] + +MR. A--N D-----s. + +SIR, + +The weakness of an adversary with a man of understanding will +frequently disarm him of his resentment: Who would chuse to enter the +lists, when even victory is attended with disgrace? A--n D--s as a +Hockster of small Wares, within the Bar-room; or laudably vending Milk +and Water, might have grubbed on unnoticed, and not superlatively +contemptible; but when he so far mistakes his proper department, as to +blunder into the field of politicks, and assume a dictatorial and +offensive part, we are compelled with reluctance to scourge the +insect, tho' convinced 'tis but an insect still. We are informed by +your fellow townsman, whom we presume must know you well, that you are +destitute of feeling; your unexampled effrontery in the publick +transaction which has unhappily brought you into notice, added to the +consummate assurance evidenced in the stupid composition to which you +have tacked your name, are strong circumstances in favour of this +position But is your modesty truly impregnable? cannot the weapon of +stern rebuke arouse your sensibility? must honest indignation mourn a +defeat? I intend to try the doubtful experiment, tho' you should +analize a satyr to be a proof of your general consequence, and extract +incense to your vanity from the blackest records of your shame. + +In your courageous zeal for the cause of christianity, and the +Virgin Mary, permit me to question your sincerity: It is evident +from your notable performance, that you have been acquainted with +the religious principles and immoral practices of the gentleman so +very exceptionable to you; for some years past: That he was then +as thorough-paced an infidel as virulent an opposer of our holy +religion, as he is now: That he was doing discredit to the Bible +then, or to adopt your own phrase, was undeceiving mankind as +actively as at any time since: That you was acquainted with the +open profanity of his conversation, and if we may take your word +for it, was an earwitness of his oaths and execrations: Why did +you not commence a champion in the cause of christianity some +months earlier? it would have had a better appearance, if in your +ebullient zeal you had endeavoured to prevent his disseminating +such mischievous principles, and seasonably entered your caveat +against the pernicious effects of his example. But the cause of +christianity abstracted from political concerns, was not +sufficient to awaken your resentment: Will not this my dear sir! +occasion suspicions, that all your flaming professions of +patriotism will neither discredit nor remove? + +Doctor Young (I dare you to contradict me) has ever been an +unwearied assertor of the rights of his countrymen: has taken the +post of hazard, and acted vigorously in the cause of American +freedom: Such endeavours and exertions, have justly entitled him +to the notice, to the confidence of the people; they, from a +thorough conviction of his political integrity have united him +with several gentlemen, against whom we presume you can have no +just exception, to explain their rights and state their +grievances; was not your conscience so delicately offensible, I +would ask such an immaculate christian, whether your ideas of +reprobation extended not only to the whole committee, but to every +transaction in which they could possibly be employed? If not, are +you not ashamed of your capricious folly, in rejecting a cause +which you profess to have at heart, for the sake of an individual, +against whom, your spotless purity has matter of objection. + +Shall I be arraigned for want of charity, if I here express my +doubt of your veracity in this matter? The cloak of christianity +is the threadbare garb of hypocrisy; and novel cover for political +apostates: I suspect 't is the cause that renders the man obnoxious; +the infidel might have perverted the world, and your zeal been +smothered in its native bosom of sanctity: in short, had not the +cause of liberty found a busy advocate in the man you brand with +irreligion, your abhorrence would probably never have found a tongue. + +You do not chuse to have any thing to do with measures wherein you +must follow the lead of such men as Dr. Young: I apprehend you +confine yourself here to political matters; if so, what must those +rejected measures be? if just, right and reasonable, the man must +be an incorrigible blockhead to reject them, let them originate +where they will: if on the contrary, they are improper and +exceptionable; you might have discountenanced the measure, without +villifying the man. + +Inconsiderable and weak as I esteem you, you have still an +interest in the constitutional claims of an English subject, equal +to a nobleman, equal to an intelligent being: these you have no +right to sacrifice even to your own predominant folly. You assert +that you are, and ever have been as steady a friend to the rights +and privileges of your country, as any man whatsoever, &c. what +then is that exact point of difference, that chaste line of +decorum, to which your love of your country will carry you, and no +further? all those concerned in consulting and labouring for the +redemption of their country, must be very exemplary christians, or +your patriotism hangs so loosely about you, that your country may +perish rather than you will unite for its salvation, with a man +not compleatly orthodox: For no political measures can possibly be +reasonable or just, which are not dictated by men of piety and +real christianity: The truth of this observation will appear with +peculiar lustre, when we consider what a paultry figure, those +antient heathenish states of Greece and Rome made in the primitive +ages. You elsewhere shrewdly remark, that it has always been +astonishing to the world, how any important trusts came to be +committed to Doctor Young; the best account that can be given for +it, YOU BELIEVE is, that he has appeared ready to lead in such +bold and exceptional measures, as rather savoured of faction, than +boded any good to the public: which is in plain English, that because +the measures he proposed, were dangerous and exceptionable, Therefore +the town approved and confided in him. To wave the illiberal slander +upon the town; I question, most christian sir! whether any article of +Doctor Young's CREED will shock decency and common sense more than +this. + +The present crisis is truly an alarming one to your country; the +few friends of the people have abundant necessity to have their +hands strengthened: the man who deserts now, is the worst enemy of +his country: You sir! have done this, with the aggravated guilt of +endeavouring to load with obloquy the cause you abandon - I scorn +to keep terms with a man I esteem so base - You have provided +yourself a Retreat, being assured of the smiles of power; nay +more, you are entitled to their favour, for the rank injury you +meant to the oppressed people; and we shall probably see such +baseness distinguished in the commissioned scroll of SCOUNDRELLS +and RESCINDERS. + +VINDEX. + + +1 The following note by the publishers is printed with this article: +“Dr. Young's Letter to Mr. Aaron Davis, Jun. should have had a +Place in this Day's Paper had we not been pre engaged with the +following." + + + +TO ARTHUR LEE. + +[R. H. Lee, Life of Arthur Lee, vol. ii., pp. 196, 197.] + +BOSTON, Nov. 31st, 1772. + +MY DEAR SIR, - My last letter to you was of the 3d inst. I now +enclose the proceedings of this town at a meeting appointed to +receive the report of the committee, which is attested by the +town-clerk, and published by order of the town. + +Our enemies are taking all imaginable pains to disparage the +proceedings, and prevent their having any effect in the country. +They are particularly endeavouring to have it believed, that the +vote was carried at a very thin meeting; and in the Court Gazette +of last week have had the assurance to say, that there were not +more than twenty persons present, and that not ten voted for it; +whereas it was much such a meeting, or rather fuller than the +last. The town of Roxbury, adjacent to this, have met, and against +the efforts of the whole cabal have raised a committee of nine +persons to take our proceedings into consideration, and report at +an adjournment; having before voted the independency of the +judges, "a most dangerous innovation." Plymouth, another large +town, forty miles distant, has also met, but we have not yet heard +what has been done there;1 from the spirit of the petitions to +their selectmen for a meeting, among the enclosed papers, I hope +to send you an agreeable account. Other towns are in motion of +their accord, for our pamphlet is not yet sent into the country towns, +Roxbury excepted. The conspirators are very sensible that if our +design succeeds, there will be an apparent union of sentiments among +the people of this province, which may spread through the continent. +You cannot then wonder that their utmost skill is employed to oppose +it. + +I intended to have sent my last by Capt. Scott, but having failed +in that design, I herewith enclose it. I am disappointed if I do +not receive a letter from you by every vessel that arrives here. +Be assured that I am with great esteem sir, your humble servant, + + +1 See below, page 394. + + + +TO ELBRIDGE GERRY. + +[J. T. Austin, Life of Elbridge Gerry, vol. 1., pp. 22, 23.] + +BOSTON, Dec. 7, 1772. + +MY DEAR SIR, + +I have just received your's of the 26th November,1 and take the +earliest opportunity to acknowledge it. I shall lay it before our +committee as soon as may be. Hope you have had a happy meeting +this day, and rest with esteem, + +Sir, your friend, +Monday, 10 o'clock evening. + + +1 J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 21, 22. + + + +TO WILLIAM CHECKLEY.1 + +[MS., Samuel Adams Papers, Lenox Library.] + +BOSTON Decr 14 1772 + +MY DEAR SR + +I am at a Loss to determine in my own Mind whether a Letter from +me will be agreable to you, as I have not receivd a Line from you +since I wrote my last several Months ago. If any Consideration has +brot you to a Resolution no longer to keep up an Epistolary +Conversation with me, I must on my part cease; but while I remember +former Connections, I shall never forget the only surviving Branch of +a Family I loved, and shall make my self as happy as possible, in +silently wishing the best Welfare of him whose Regards I think I have +not forfeited. + +It is not an easy thing at this time of my Life, to put me out of the +possession of my self. I have been used to the alternate Frowns & +Smiles of many who call themselves, & some of them in truth are my +Friends. I bear it all with OEquanimity, infinitely better pleasd with +the Approbation of my own mind, than I should be with the flatteries +of the Great, & in the Sunshine of power. Those who love this Country, +I have the Vanity to think are in Reality, my friends; for they must +be convincd that the small Share of Ability which Gracious Heaven has +been pleasd to bestow on me, has ever been employd for its Happiness. +If I have mistaken its true Happiness (which by the Way I think I have +not) it belongs to the Candid to overlook it; the Opinion of others I +very little regard, & have a thorough Contempt for all men, be their +Names Characters & Stations what they may, who appear to be the +irreclaimable Enemies of Religion & Liberty. Had I not thought it +would have been rather an Inconvenience to you, I should have sent +you the last Week the Votes & proceedings of your native town; If I +can be informd by you that it will not be disagreable, I will send you +a printed Copy by the next post. + +Altho I have already transgressd the Bounds of a Letter to so great a +Stranger, yet having a warm friendship for Mrs Checkley, I cannot help +desiring you to make mention of my own & my family regards to her. +Having said this I must beg you to believe, whatever others may have +whisperd to the Contrary, that I am Yours affectionately, + + +1 Addressed, "in the Customs, Providence." Cf. Literary Diary of +Ezra Stiles, vol. i., p. 58. + + + +ARTICLE SIGNED "CANDIDUS." + +[Boston Gazette, December 14, 1772.] + +To the PRINTERS, + +NOTWITHSTANDING the ministerial Tools have so often puff'd upon +the Impartiality of the Court Gazette, we have had a second +Instance of the Necessity the Selectmen of this Town have thought +themselves under to vindicate the Cause of Liberty & Truth, from +the gross Misrepresentation of well known Facts that have been +made in that immaculate Paper. If Mr. Draper had had the least +Inclination to have ascertained the Falsehood of the Paragraph +inserted in his Paper of the 26th of November, it was so +notorious, that without giving the Selectmen the Trouble of it, he +might have done it himself, by enquiring of perhaps the first +honest Man he had met in the Street: But it was calculated to +mislead the Reader into a Belief, that "not ten Persons voted for +sending the Letter of Correspondence" into the Country, and +therefore it must, to answer so good a Purpose, be inserted in that +"circulating" Gazette, whether true or false; and the Publisher, very +demurely, by Way of Atonement, after the Falsehood is detected, +promises the injur'd Publick " to enquire into the Foundation +of it."-!!! + +In his last Gazette he informs his Readers that he had accordingly +apply'd to his Author; who, he says, "does not deny the Number +present" at the Meeting "as declared by the Selectmen when the +first Vote pass'd." Now the Selectmen declare, "that a respectable +Number of the Inhabitants attended the Meeting through the Day, +and when the Letter, after being twice read and amended in the +Meeting was voted, and accepted to be sent, it appeared to them, +and they are well satisfied, that there was not less than three +Hundred Inhabitants present, and in the Opinion of others the +Number was much larger"; which is undoubtedly the Fact. But Mr. +Draper's Author of the Note (if he had any) had said that "when +the Votes pass'd for sending the letter, there was not twenty Men +present besides the Gentlemen Selectmen & some of the Committee". +The Contradiction appear'd so glaring even in Mr. Draper's eyes, +as well as others, that after he had publish'd it to the World, he +thought his own Reputation concern'd, as indeed it was, to enquire +into the Foundation of the Report, which he ought to have done +before. The Man of Verity his Author, makes a shift to tell him, +that truly "it was a Vote that pass'd half an Hour after Nine +o'Clock that he meant in his Note, when most of the Inhabitants +had withdrawn"; but he does not now say what Vote he meant in his +Note, though when he reported it "with some Confidence" he plumply +said it was the Vote for sending the Letter. The Man who is +resolv'd to serve a Party at the expence of Truth, should have the +best of Memories; the want of which has render'd the Court Writers +oftentimes inconsistent with themselves and with each other. But +what else are we to expect from Champions of a Cause which has +only the feeble Props of Misrepresentation and low Artifice to +support it! As this Author reported according to Draper with some +Confidence, he ought to have inform'd himself of a known Fact, +that the question debated at half an Hour after Nine o'Clock, as +he now says, or at about Ten as he had asserted in his Note, was +not whether the Letter should be sent to the Selectmen of the +Towns in the Country; - That had been determin'd by a full Vote +Nem. Con. before "most of the Inhabitants had withdrawn ". It was +after this Vote had pass'd, and when it is allow'd the Meeting was +thin, a Question of much less Importance than the other was +debated, viz. In what Manner the Letter should be sent; upon which +it was agreed that the Town-Clerk should sign and forward it by +the Direction of the Committee.1 Accordingly, I am well assured, +it has been forwarded to four fifths of the Gentlemen Selectmen in +the Country, the representatives of the several Towns, the Members +of his Majesty's Council and others of Note, by the Direction of +the Committee, in Pursuance of the Vote of the Town, with less +Expence for Carriage than two Dollars. I have a better Opinion of +the good Sense of the People of this Country, than to believe they +will be diverted from an Attention to Matters which essentially +concern their own and their Childrens best Birthrights, and which +every Day become more serious and alarming, by the Trifles that +are every Week thrown out perhaps with that very Design in the +Court Gazette more especially. The Ax is laid at the Root of our +happy civil Constitution: Our religious Rights are threatned: +These important Matters are the Subjects of the Letter of this +Town to our Friends and Fellow Sufferers in the Country. Whether +there were present at the Meeting three Hundred or three Thousand, +it was a legal Meeting: As legal as a Meeting of the General +Assembly convened by the King's Writ or a Meeting of his Majesty's +Council summoned by his Excellency the Governor: This I say with +due respect to those great Assemblies. The Selectmen, among whom +is the honorable Gentleman who was Moderator2 of the Meeting, have +condescended to publish it under their Hands, that "a very +respectable Number attended the Meeting through the Day":-If it +had been as thin a Meeting as Mr. Draper's Writers would fain have +the Country think it was, still, being a legal Meeting, their +proceedings according to the Warrant for calling it, would have +been as legal as those of his Majesty's Council when seven +Gentlemen only (which Number by the Charter constitutes a Quorum) +out of their whole Number, Twenty-Eight, happen to be present. If +the Generality of my Countrymen shall think those Proceedings to +be of any Importance to them, and shall act upon them with their +own good Sense and Understanding, I care not who concern themselves +in adjusting the private, moral or religious Characters of Dr. Young +and the Lieutenant Governor. The part which each of these Gentlemen +has acted upon the political Stage is well known. + +I would just observe to Mr. Draper, that the Name of the Gentleman +who furnish'd him with the Note before refer'd to, is perhaps not +so deep a Secret as he may imagine it to be. It may be, he had then no +thought that a Story inadvertently told, would have been immediately +work'd up by the Press: This however has been done, and the Publick +has been thereby abused: It should make one cautious not too suddenly +to communicate any Piece of Intelligence, especially of Importance, +and still more especially of political Importance, to one whose +Business it is to publish what he hears. Mr. Draper may flatter +himself that "the Credit of his Paper has not yet suffered": It is +sometimes not an easy thing, to perswade a Man to believe that to be +true, which he wishes may not be true: It must needs be difficult to +establish in the minds of impartial Men, the Reputation of a Paper, +the Publisher of which (to use the mild, very mild Expressions of the +Selectmen) "has suffered ", it may be said repeatedly, "what was so +different from the fact to be inserted," before he "had Opportunity to +be very particular in his Inquiries about it; especially as it was a +Matter, by his own Concession, so interesting to the People in the +Country, as that "they ought to be satisfied whether the Report be +true or false". This, we hope, by the Interposition of the Selectmen +is now done; and it was the more necessary, because the same Gentleman +who furnished Mr. Draper with the Note, as he calls it, had related +the story which is now detected, to a Person going, and since gone +into a distant Country in this Province. + +Whether Mr. Draper in the Conclusion of what he inserted in his +last, sign'd the Printer, had an Intention obliquely to reflect on +the Honor of the Selectmen, those Gentlemen, if they please will +consider. + +CANDIDUS. + + +1 Record commissioners' Report, vol. xviii., p. 94. +2 John Hancock, Esq; + + + +TO ELBRIDGE GERRY. + +[J. T. Austin, Life of Elbridge Gerry, vol. i., pp. 23-25.] + +BOSTON, Dec. 23, 1772. + +MY DEAR SIR, + +The further proceedings of the truly patriotic town of Marblehead, +together with your own esteemed favours of the 16th and 21st +instant, came to my hand in due season, The proceedings I +immediately communicated to our chairman; and from your hint that +it was thought proper to suspend the publication, together with +assurances of letters from some other towns speedily, we agreed +also to suspend the calling a meeting of our committee, which +however will be done soon. Agreeably to the intimations in your +last I find in the Essex Gazette1 a, - what shall I call it? a +disapprobation, to use their own term, signed by a few men, of the +proceedings of a whole town. If "in fact there was but about twenty +persons who voted at the meeting" and all the rest were against the +measure, I wonder much that they did not follow the example of so +eminent a person as the single dissentient and outvote you when +they had it in their power. Or why could not the twenty-nine +disapprobators have attended the meeting the second time and prevented +your taking such measures from which they "are apprehensive the town +will incur a great deal of public censure"? This would indeed have +been meritorious. I am a stranger to most of the gentlemen who have +thus signalized themselves; Mr. Mansfield I once thought a zealous +whig, perhaps I was mistaken. After all, the whole seems to be but a +weak effort; their third reason appears to me so excessively puerile, +that I am surprised that gentlemen of character could deliberately set +their hands to it. + +Your last proceedings sent to us in manuscript are attested by the +town clerk. I am sorry to observe that the printed copy in the Essex +Gazelle is without his attestation, because an advantage may be made +of it in our Court Gazette to lessen its credit and authority; to +prevent which I intend the next Monday's papers shall have it from the +manuscript unless (which I cannot much expect) I shall be otherwise +advised by you. + +I was thinking that you might turn the tables upon your disapprobating +friends, by getting a much larger subscription from persons who were +not at the meeting and approve of the proceedings. Whether it be +prudent or worth while to try this method you must certainly be a +better judge than I am. + +The tools of power, little and great, are taking unwearied pains to +prevent the meeting of the towns, but they do not succeed altogether +to their wishes. I cannot help entertaining some sanguine hopes that +the measures we have pursued will have a happy event. + + +1 Published at Salem, by S. and E. Hall. + + + +TO DARIUS SESSIONS.1 + +[Ms., Samuel Adams Papers, Lenox Library.] + +BOSTON Decr 28 1772 + +SIR + +This day I had the Honor of receiving a Letter signd by yourself and +other Gentlemen of Note in Providence. The Subject is weighty, & +requires more of my Attention than a few Hours, to give you my +digested Sentiments of it; neither have I yet had an Opportunity of +advising with the few among my Acquaintances, whom I would chuse to +consult upon a Matter, which in my Opinion may involve the Fate of +America. This, I intend soon to do; and shall then, I hope, be able +to communicate to you (before the Time you have set shall expire) such +Thoughts, as in your Judgment, may perhaps be wise and salutary on so +pressing an Occasion. Thus much however seems to me to be obvious at +first View; that the whole Act of Parliament so far as it relates to +the Colonies, & consequently the Commission which is founded upon it, +is against the first Principles of Government and the English +Constitution, Magna Charta & many other Acts of Parliament, +declaratory of the Rights of the Subject; & therefore the Guardians +of the Rights of the Subject will consider whether it be not their +Duty, so far from giving the least Countenance to the Execution of it, +to declare it, ipso Facto null & Void. This Commission seems to be +substituted in the Room of a Grand Jury, which is one of the greatest +Bulwarks of the Liberty of the Subject; instituted for the very +Purpose of preventing Mischeife being done by false Accusers. By the +Act of Parliament of the 25th of Ed. 3d (in the true Sense of the +Words the best of Kings) it is establishd, that none shall be taken by +Suggestion made to the King or his Council (which seems to me to be +the present Point) unless it be by Indictment or Presentment of good & +lawful People of the same Neighbourhood, where such Deeds be done - +And, "if any thing be done against the same it shall be redressd & +holden for none." But certain Persons proscribd in the Colony of Rhode +Island, are to be taken without such Indictment or Presentment, & +carried away from the Neighborhood where Deeds unlawful are suggested +to the King to have been committed, & there put to answer contrary to +that Law, which even so long ago was held to be the old Law of the +Land. - One Reason given in the Act for taking away that accursed +Court called the Star Chamber was, because all Matters examinable & +determinable before that Court might have their due Punishment and +Correction by the Common Law of the Land and in the ordinary Course of +Justice elsewhere. But here seems to be a stopping of the ordinary +Course of Justice; & by setting up a Court of Enquiry founded upon +a Suggestion of evil Deeds made to the King & of certain Persons +supposd to be concernd therein, Jurisdiction is given to others than +the constituted ordinary Courts of Justice, & in a Way other than the +ordinary Course of the Law, that is, an arbitrary Way to examine & +draw into Question Matters & things which, by the Act for regulating +the privy Council it is declared, that neither his Majesty nor his +privy Council have or ought to have any Jurisdiction Power or +Authority to do. In short, this Measure appears to me to be repugnant +to the first Principles of natural Justice. The interrested Servants +of the Crown, and some of them pensiond, perhaps byassd & corrupted +being the constituted Judges, whether this or that Subject shall be +put to answer for a supposd Offence against the Crown, & that in a +distant Country, to their great Detriment & Danger of Life & Fortune, +even if their Innocence shd be made to appear. What Man is safe from +the malicious Prosecution of such Persons, unless it be the cringing +Sycophant, and even he holds his Life and Property at their Mercy. It +should awaken the American Colonies, which have been too long dozing +upon the Brink of Ruin. It should again unite them in one Band. Had +that Union which once happily subsisted been preservd, the +Conspirators against our Common Rights would never have venturd such +bold Attempts. It has ever been my Opinion, that an Attack upon the +Liberties of one Colony is an Attack upon the Liberties of +all; and therefore in this Instance all should be ready to yield +Assistance to Rhode Island. But an Answer to the most material Part of +your Letter must be referd, for the Reasons I have given, to another +Opportunity. In the mean time I am with due Regards to the Gentlemen +who have honord me with their Letter + +Your assured Friend & very hbl Servt + + +1 Of Providence, R. I. Under date of December 25, 1772, Deputy +Governor Sessions, Chief Justice Stephen Hopkins, John Cole, and Moses +Brown had written to Adams with reference to the Gaspee affair and to +Lord Dartmouth's letter to the Governor of Rhode Island of September +4, 1772. A copy is in S. A. Wells, Samuel Adams and the American +Revolution, vol. i., pp. 363-365. A copy of a letter, under date of +February 15, 1773, from Sessions, Hopkins, Cole, and Brown to Adams, +acknowledging the receipt of three letters from Adams in response to +their letter of December 25, 1772, is in ibid., pp. 370, 371. In this +letter to Adams his correspondents comment as follows: "At or about +the time we wrote you, we transmitted copies of the same to several +gentlemen in North America, from the most of whom we have received +answers, agreeing nearly in sentiments, with those you were pleased to +communicate to us though no one has entered into a disquisition of the +subject so fully and satisfactorily as you have." The original letter +is also in the Lenox Library. + + + +THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO +THE COMMITTEE OF CORRESPONDENCE OF CAMBRIDGE.1 + +[MS., Committee of Correspondence Papers, Lenox Library.] + +BOSTON Decr 29 1772 + +GENTLEMEN + +Your cordial Approbation2 of our sincere Endeavors for the Common +Safety, affords us great Encouragement to persevere with Alacrity in +the Execution of our Trust. Our hands have been abundantly strengthend +by the generous and manly Resolves of our worthy Brethren in the +several Towns who have hitherto acted. + +Should such Sentiments, which we are convincd generally prevail +through the province, be as generally expressd, it must refute the +insidious misrepresentation so industriously propagated on both sides +of the Atlantick, that the people have not Virtue enough to resist the +Efforts made to enslave them! It affords us the greatest Satisfaction +to find the Opportunity offerd to our Fellow Countrymen to wipe off so +ignominious a Reproach so readily embraced. We trust in God, & in the +Smiles of Heaven on the Justice of our Cause, that a Day is hastening, +when the Efforts of the Colonists will be crownd with Success; and the +present Generation furnish an Example of publick Virtue, worthy the +Imitation of all Posterity. In this we are greatly encouraged, from +the thorough Understanding of our civil & Religious Rights Liberties & +Privileges, throughout this province: The Importance of which is so +obvious, that we are satisfied, nothing we can offer, would strengthen +your Sense of it. + +It gives us Pleasure to be assured from you, that the meetings of the +Town of Cambridge on the Occasion have been so respectable; as, in our +Opinion, it is an Evidence of their virtuous Attachment to the Cause +of Liberty. + +It shall be our constant Endeavor to collect and communicate to our +esteemed fellow Countrymen every Interresting Information we can +procure; in pursuance thereof we take the Liberty to inclose, a +material Extract of a Letter from the Right Honorable the Earl of +Dartmouth to his Honor the Governor of Rhode Island, Dated White Hall, +Sept. 7 1772; which we have good reason to assure you is genuine.3 + + +1 Addressed to "Capt Ebenezer Stedman & others, a Committee of +Correspondence in +Cambridge." +2 Boston Gazette, December 28, 1772. +3 The form of signature is "Signd by order of the Committee for +Correspondence in Boston William Cooper, Clerk." + + + +THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO +THE COMMITTEE OF CORRESPONDENCE OF PLYMOUTH.1 + +[MS., Committee of Correspondence Papers, Lenox Library.] + +BOSTON Decr 29 1772 + +MUCH RESPECTE'D GENTLEMEN + +We the Committee of Correspondence for the Town of Boston, have +receivd your kind Letters inclosing the noble & patriotick Resolves of +the Metropolis of the ancient Colony of Plymouth. + +It must give singular Pleasure to the friends of this Country to find +in all times of Difficulty & Danger, the worthy Inhabitants of +Plymouth, [are] ready to assert the natural religious & civil Rights +of the Colonists in general & of this by a new Charter united province +in particular. + +Your thorough knowledge of those Rights the Sense you have of the many +late Infractions thereof, the manly & becoming Spirit with which you +have always expressd your selves on such Occasions, must best appear +without any Comment, from your Resolves for a number of years past; +more especially your last which are before the publick Eye. + +We heartily congratulate you on the return of that great Anniversary, +the landing of the first Settlers at Plymouth, & on the religious & +respectful Manner, in which it has been celebrated. + +You may say without Vanity, and surely we may affirm without any such +Imputation, that a handful of persecuted brave people, then made way +for the extensive Settlement of New England: That had it not been for +their Efforts, Virginia would have soon been abandoned: That the +French who were then settled at Quebec; & the Dutch interloping in +Hudsons River with the Assistance they might have derived from the +Natives, and the Aid at all times ready to be afforded, by the Crown +of Spain, then in possession of South America, against the Crown of +England, would have availd themselves of all the Continent of North +America. And that at this very period Great Britain might have thought +herself well off, with such trifling Islands as are now in the +possession of the Dane. In pursuance of our Instruction from this Town +to communicate any new Infractions of our Rights & Liberties we +inclose an Extract of a Letter from Lord Dartmouth to the Governor of +Rhode Island & shall take the earliest Opportunity to advise you of +every thing Important that may occur to us. + + +1 Addressed to "Joseph Warren Esq & others a Committee of Correspondence for the +Town of Plymouth." + + + +TO DARIUS SESSIONS. + +[MS., Samuel Adams Papers, Lenox Library.] + +BOSTON Jan 2 1773. + +SIR, + +I wrote you on Monday last acknowledging the Receipt of a Letter +directed to me from your self & other worthy Gentlemen in Providence. +The Question proposed was in what manner your Colony had best behave +in this critical Situation & how the Shock that is coming upon it may +be best evaded or sustaind. It appears to me probable that the +Administration has a design to get your Charter vacated. The +Execution of so extraordinary a Commission, unknown in your Charter & +abhorrent to the principles of every free Government, wherein Persons +are appointed to enquire into Offences committed against a Law of +another Legislature, with the Power of transporting the persons they +shall suspect beyond the Seas to be tryed, would essentially change +your Constitution; and a Silence under such a Change would be +construed a Submission to it. At the same time it must be considerd +that an open declaration of the Assembly against the Appointment & +order of the King, in which he is supported by an Act of the British +Parliament, would be construed by the Law Servants of the Crown & +other ministers such a Defiance of the Royal Authority, as they would +advise proper to be recommended to the Consideration & Decision of +Parliament. Should your Governor refuse to call the Commissioners +together, or when called together, the civil magistrates +refuse to take measures for arresting & committing to Custody such +persons as upon Information made shall be chargd with being concernd +in burning the Gaspee, or if they should issue their precepts for that +purpose the Officers should refuse to execute them, the Event would be +perhaps the same as in the Case of an open Declaration before +mentiond, for in all these Cases it would be represented to the King & +the parliament that it was to be attributed to what they will call +the overbearing popularity of your Government, & the same pretence +would be urgd for the Necessity of an Alteration in order to support +the Kings Authority in the Colony. As the chiefe Object in the View of +Administration seems to be the vacating your Charter, I cannot think +the Commissioners in case they should meet together, would upon any of +the aforementiond Occasions, chuse to call upon General Gage for the +Aid of the Troops or make any more than the Shew of a Readiness to +execute their Commission; for they might think the grand purpose +would be sufficiently answerd without their Discussing such danger to +their Reputation, if not their persons. If the foregoing Hypotheses +are well grounded, I think it may be justly concluded that since the +Constitution is already destined to suffer unavoidable Dissolution, an +open & manly Determination of the Assembly not to consent to its ruin +would show to the World & posterity that the people were virtuous +though unfortunate, & sustaind the Shock with Dignity. + +You will allow me to observe, that this is a Matter in which the whole +American Continent is deeply concernd and a Submission of the Colony +of Rhode Island to this enormous Claim of power would be made a +Precedent for all the rest; they ought indeed to consider deeply their +Interest in the Struggle of a single Colony & their Duty to afford her +all practicable Aid. This last is a Consideration which I shall not +fail to mention to my particular friends when our Assembly shall sit +the next Week. + +Should it be the determination of a weak Administration to push this +Measure to the utmost at all Events, and the Commissioners call in the +Aid of troops for that purpose it would be impossible for me to say +what might be the Consequence, Perhaps a most violent political +Earthquake through the whole British Empire if not its total +Destruction. + +I have long feard that this unhappy Contest between Britain & America +will end in Rivers of Blood; Should that be the Case, America I think +may wash her hands in Innocence; yet it is the highest prudence to +prevent if possible so dreadful a Calamity. Some such provocation as +is now offerd to Rhode Island will in all probability be the immediate +Occasion of it. Let us therefore consider whether in the present Case +the Shock that is coming upon you may not be evaded which is +a distinct part of the Question proposed. For this purpose, if your +Governor should omit to call the Commissioners together, in +Consequence of a representation made to him by the Assembly, that the +Innovation appears to them of a most dangerous Tendency; and +altogether needless, inasmuch as the same Enquiry might be made as +effectually (and doubtless would be) by a Grand Jury, as is proposed +to be made by the Commissioners; which would be agreable to the +Constitution & in the ordinary Course of Justice. A representation of +this kind made by the Assembly to the Governor, would afford him a +reasonable plea for suspending the Matter till he could fully state +the Matter to Lord Dartmouth & the odious light in which the +Commission is viewd by that & the other Colonies as a measure +incompatible with the English Constitution & the Rights of the +Colonists together with the fatal Consequences of which it might +probably be productive. This perhaps could not be done till the rising +of Parliament, & before the next Session a war or some other important +Event might take place which would bury this Affair in Oblivion. Or if +it should ever come before Parliament in this Manner, the Delay on the +part of the Governor would appear to be made upon motives of sound +prudence & the best Advice which would tend to soften their Spirits. +And besides, its appearing to be founded not directly on the +principles of Opposition to the Authority of Parliament, the sacred +Importance of Charters upon which many of the Members hold their +Seats, might be considerd without prejudice, & the Matter might +subside even in Parliament. Should that be the Case it would +disappoint the designs & naturally abate the Rigour of Administration +& so the Shock might be evaded. + +If, without being called together by Governor Wanton who is first +named, the rest of the Commissioners should meet upon the Business of +their Commission, which I cannot suppose they will do, especially if +the Governor should acquaint them with the Reason of his not calling +them, it would show a forward Zeal to execute an order new arbitrary & +universally odious, & how far that might justly insence the people +against them personally, & lessen them in the Esteem of all +judicious Men, they would do well calmly to consider; and how far also +they would be answerable for the fatal Effects that might follow such +a forwardnesss all the world and Posterity will judge: For such an +Event as this will assuredly go down to future Ages in the page of +History, & the Colony & all concernd in it will be characterizd by the +part they shall act in the Tragedy. Upon the whole it is my humble +Opinion, that the grand Purpose of Administration is either to +intimidate the Colony into a Compliance with a Measure destructive of +the freedom of their Constitution, or to provoke them to such a Step +as shall give a pretext for the Vacation of their Charter which I +should think must sound like Thunder in the Ears of Connecticutt +especially. Whatever Measures the Wisdom of your Assembly may fix upon +to evade the impending Stroke, I hope nothing will be done which may +by the Invention of our Adversarys, be construed as even the +Appearance of an Acquiescence in so grasping an Act of Tyranny. + +Thus I have freely given my Sentiments upon the Question proposed; +which I should not have venturd to do had it not been requested. I +have done it with the greatest Diffidence because I think I am fully +sensible of my Inability to enter into a Question of so delicate a +Nature & great Importance especially as I have not had that +opportunity to consult my friends which I promisd my self. I hope +the Assembly of Rhode Island will in their Conduct exhibit an Example +of true Wisdom Fortitude & Perseverance. And with the greatest Respect +to the Gentlemen to whose superior Understanding this and my former +Letter to you is submitted, I + +remain +Sir +Your assured friend +& humble servant + +P.S. I beg just to propose for Consideration whether a circular Letr +from your Assembly on this Occasion, to those of the other Colonies +might not tend to the Advantage of the General Cause & of R Island in +particular; I should think it would induce each of them, at least to +injoyn their Agents in Great Britain to represent the Severity of your +Case in the strongest terms. + +To the Hon Darius Sessions Esqr +to be communicated + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO +THE GOVERNOR. JANUARY 26, I773.1 + +[Massachusetts State Papers, pp. 351-364; also printed in the Boston +Gazette, February 1, 1773, and in The Speeches of His Excellency +Governor Hutchinson (Boston, 1773), pp. 33-58.] + +May it please your Excellency, + +Your Excellency's speech to the General Assembly, at the opening of +this session,2 has been read with great attention in this House. + +We fully agree with your Excellency, that our own happiness, as well +as his Majesty's service, very much depends upon peace and order; and +we shall at all times take such measures as are consistent with our +constitution, and the rights of the people, to promote and maintain +them. That the government at present is in a very disturbed state, is +apparent. But we cannot ascribe it to the people's having adopted +unconstitutional principles, which seems to be the cause assigned for +it by your Excellency. It appears to us, to have been occasioned +rather by the British House of Commons assuming and exercising a power +inconsistent with the freedom of the constitution, to give and grant +the property of the colonists, and appropriate the same without their +consent. + +It is needless for us to inquire what were the principles that induced +the councils of the nation to so new and unprecedented a measure. But, +when the Parliament, by an act of their own, expressly declared, that +the King, Lords, and Commons, of the nation "have, and of right ought +to have full power and authority to make laws and statutes of +sufficient force and validity, to bind the colonies and people of +America, subjects of the Crown of Great Britain, in all cases +whatever," and in consequence hereof, another revenue act was made, +the minds of the people were filled with anxiety, and they were justly +alarmed with apprehensions of the total extinction of their liberties. + +The result of the free inquiries of many persons, into the right of +the Parliament, to exercise such a power over the colonies, seems, in +your Excellency's opinion, to be the cause, of what you are pleased to +call the present "disturbed state of the government;" upon which, you +"may not any longer, consistent with your duty to the King, and your +regard to the interest of the province, delay communicating your +sentiments." But that the principles adopted in consequence hereof, +are unconstitutional, is a subject of inquiry. We know of no such +disorders arising therefrom, as are mentioned by your Excellency. If +Grand Jurors have not, on their oaths, found such offences, as +your Excellency, with the advice of his Majesty's Council, have +ordered to be prosecuted, it is to be presumed, they have followed the +dictates of good conscience. They are the constitutional judges of +these matters, and it is not to be supposed, that moved from corrupt +principles, they have suffered offenders to escape a prosecution, and +thus supported and encouraged them to go on offending. If any part of +authority shall, in an unconstitutional manner, interpose in any +matter, it will be no wonder if it be brought into contempt; to +the lessening or confounding of that subordination, which is necessary +to a well regulated state. Your Excellency's representation that the +bands of government are weakened, we humbly conceive to be without +good grounds; though we must own, the heavy burdens unconstitutionally +brought upon the people, have been, and still are universally, and +very justly complained of, as a grievance. + +You are pleased to say, that, "when our predecessors first took +possession of this plantation, or colony, under a grant and charter +from the Crown of England, it was their sense, and it was the sense of +the kingdom, that they were to remain subject to the supreme authority +of Parliament;" whereby we understand your Excellency to mean, in the +sense of the declaratory act of Parliament afore mentioned, in all +cases whatever. And, indeed, it is difficult, if possible, to draw a +line of distinction between the universal authority of Parliament over +the colonies, and no authority at all. It is, therefore, necessary for +us to inquire how it appears, for your Excellency has not shown it to +us, that when, or at the time that our predecessors took possession of +this plantation, or colony, under a grant and charter from the Crown +of England, it was their sense, and the sense of the kingdom, that +they were to remain subject to the authority of Parliament. In making +this inquiry, we shall, according to your Excellency's recommendation, +treat the subject with calmness and candor, and also with a due regard +to truth. + +Previous to a direct consideration of the charter granted to the +province or colony, and the better to elucidate the true sense and +meaning of it, we would take a view of the state of the English North +American continent at the time, when, and after possession was first +taken of any part of it, by the Europeans. It was then possessed by +heathen and barbarous people, who had, nevertheless, all that right to +the soil, and sovereignty in and over the lands they possessed, which +God had originally given to man. Whether their being heathen, inferred +any right or authority to christian princes, a right which had long +been assumed by the Pope, to dispose of their lands to others, we will +leave your Excellency, or any one of understanding and impartial +judgment, to consider. It is certain, they had in no other sense, +forfeited them to any power in Europe. Should the doctrine be +admitted, that the discovery of lands owned and possessed by pagan +people, gives to any christian prince a right and title to the +dominion and property, still it is vested in the Crown alone. It was +an acquisition of foreign territory, not annexed to the realm of +England, and, therefore, at the absolute disposal of the Crown. For we +take it to be a settled point, that the King has a constitutional +prerogative, to dispose of and alienate, any part of his territories +not annexed to the realm. In exercise of this prerogative, Queen +Elizabeth granted the first American charter; and, claiming a right by +virtue of discovery, then supposed to be valid, to the lands which are +now possessed by the colony of Virginia, she conveyed to Sir Walter +Rawleigh, the property, dominion, and sovereignty thereof, to be held +of the Crown, by homage, and a certain render, without any reservation +to herself, of any share in the Legislative and Executive authority. +After the attainder of Sir Walter, King James the I. created two +Virginian companies, to be governed each by laws, transmitted to them +by his Majesty, and not by the Parliament, with power to establish, +and cause to be made, a coin to pass current among them; and vested +with all liberties, franchises and immunities, within any of his other +dominions, to all intents and purposes, as if they had been abiding +and born within the realm. A declaration similar to this, is contained +in the first charter of this colony, and in those of other American +colonies, which shows that the colonies were not intended, or +considered to be within the realm of England, though within the +allegiance of the English Crown. After this, another charter was +granted by the same King James, to the Treasurer and Company of +Virginia, vesting them with full power and authority, to make, ordain, +and establish, all manner of orders, laws, directions, instructions, +forms and ceremonies of governments, and magistracy, fit and +necessary, and the same to abrogate, &c. without any reservation for +securing their subjection to Parliament, and future laws of England. A +third charter was afterwards granted by the same King, to the +Treasurer and Company of Virginia, vesting them with full power and +authority to make laws, with an addition of this clause, "so, +always, that the same be not contrary to the laws and statutes of this +our realm of England." The same clause was afterwards copied into the +charter of this and other colonies, with certain variations, such as, +that these laws should be "consonant to reason," "not repugnant to the +laws of England," "as nearly as conveniently may be to the laws, +statutes and rights of England," &c. These modes of expression, convey +the same meaning, and serve to show an intention, that the laws of the +colonies should be as much as possible, conformable in the spirit of +them, to the principles and fundamental laws of the English +constitution, its rights and statutes then in being, and by no means +to bind the colonies to a subjection to the supreme authority of the +English Parliament. And that this is the true intention, we think it +further evident from this consideration, that no acts of any colony +Legislative, are ever brought into Parliament for inspection there, +though the laws made in some of them, like the acts of the British +Parliament, are laid before the King for his dissent or allowance. + +We have brought the first American charters into view, and the state +of the country when they were granted, to show, that the right of +disposing of the lands was, in the opinion of those times, vested +solely in the Crown; that the several charters conveyed to the +grantees, who should settle upon the territories therein granted, all +the powers necessary to constitute them free and distinct states; and +that the fundamental laws of the English constitution should be the +certain and established rule of legislation, to which, the laws to +be made in the several colonies, were to be, as nearly as conveniently +might be, conformable, or similar, which was the true intent and +import of the words, "not repugnant to the laws of England," +"consonant to reason," and other variant expressions in the different +charters. And we would add, that the King, in some of the charters, +reserves the right to judge of the consonance and similarity of their +laws with the English constitution, to himself, and not to the +Parliament; and, in consequence thereof, to affirm, or within a +limited time, disallow them. + +These charters, as well as that afterwards granted to Lord Baltimore, +and other charters, are repugnant to the idea of Parliamentary +authority; and, to suppose a Parliamentary authority over the +colonies, under such charters, would necessarily induce that solecism +in politics, imperium in imperio. And the King's repeatedly exercising +the prerogative of disposing of the American territory by such +charters, together with the silence of the nation thereupon, is an +evidence that it was an acknowledged prerogative. + +But, further to show the sense of the English Crown and nation, that +the American colonists, and our predecessors in particular, when they +first took possession of this country, by a grant and charter from the +Crown, did not remain subject to the supreme authority of Parliament, +we beg leave to observe, that when a bill was offered by the two +Houses of Parliament to King Charles the I. granting to the subjects +of England, the free liberty of fishing on the coast of America, he +refused his royal assent, declaring as a reason, that "the colonies +were without the realm and jurisdiction of Parliament." + +In like manner, his predecessor, James the I. had before declared, +upon a similar occasion, that "America was not annexed to the realm, +and it was not fitting that Parliament should make laws for those +countries." This reason was, not secretly, but openly declared in +Parliament. If, then, the colonies were not annexed to the realm, at +the time when their charters were granted, they never could +afterwards, without their own special consent, which has never since +been had, or even asked. If they are not now annexed to the realm, +they are not a part of the kingdom, and consequently not subject to +the Legislative authority of the kingdom. For no country, by the +common law, was subject to the laws or to the Parliament, but the +realm of England. + +We would, if your Excellency pleases, subjoin an instance of conduct +in King Charles the II. singular indeed, but important to our purpose, +who, in 1769, framed an act for a permanent revenue for the support of +Virginia, and sent it there by Lord Culpepper, the Governor of that +colony, which was afterwards passed into a law, and "enacted by the +King's most excellent Majesty, by, and with the consent of the General +Assembly of Virginia." If the King had judged the colony to be a part +of the realm, he would not, nor could he, consistently with Magna +Charta, have placed himself at the head of, and joined with any +Legislative body in making a law to tax the people there, other than +the Lords and Commons of England. + +Having taken a view of the several charters of the first colony in +America, if we look into the old charter of this colony, we shall find +it to be grounded on the same principle; that the right of disposing +the territory granted therein, was vested in the Crown, as being that +Christian Sovereign who first discovered it, when in the possession of +heathens; and that it was considered as being not within the realm, +but being only within the Fee and Seignory of the King. As, therefore, +it was without the realm of England, must not the King, if he had +designed that the Parliament should have any authority over it, have +made special reservation for that purpose, which was not done? + +Your Excellency says, "it appears from the charter itself, to have +been the sense of our predecessors, who first took possession of this +plantation, or colony, that they were to remain subject to the +authority of Parliament." You have not been pleased to point out to +us, how this appears from the charter, unless it be in the observation +you make on the above mentioned clause, viz.: "that a favorable +construction has been put upon this clause, when it has been allowed +to intend such laws of England only, as are expressly made to respect +us," which you say, "is by charter, a reserve of power and authority +to Parliament, to bind us by such laws, at least, as are made +expressly to refer to us, and consequently is a limitation of the +power given to the General Court." But, we would still recur to the +charter itself, and ask your Excellency, how this appears, from +thence, to have been the sense of our predecessors? Is any reservation +of power and authority to Parliament thus to bind us, expressed or +implied in the charter? It is evident, that King Charles the I. the +very Prince who granted it, as well as his predecessor, had no such +idea of the supreme authority of Parliament over the colony, from +their declarations before recited. Your Excellency will then allow us, +further to ask, by what authority, in reason or equity, the Parliament +can enforce a construction so unfavorable to us. Quod ab initio +injustum est, nullum potest habere juris efectum, said Grotius. Which, +with submission to your Excellency, may be rendered thus: whatever is +originally in its nature wrong, can never be sanctified, or made right +by repetition and use. + +In solemn agreements, subsequent restrictions ought never to be +allowed. The celebrated author, whom your Excellency has quoted, tells +us, that, "neither the one or the other of the interested, or +contracting powers, hath a right to interpret at pleasure." This we +mention, to show, even upon a supposition, that the Parliament had +been a party to the contract, the invalidity of any of its subsequent +acts, to explain any clause in the charter; more especially to +restrict or make void any clause granted therein to the General Court. +An agreement ought to be interpreted "in such a manner as that it may +have its effect." But, if your Excellency's interpretation of this +clause is just, "that it is a reserve of power and authority to +Parliament to bind us by such laws as are made expressly to refer to +us," it is not only "a limitation of the power given to the General +Court" to legislate, but it may, whenever the Parliament shall think +fit, render it of no effect; for it puts it in the power of +Parliament, to bind us by as many laws as they please, and even to +restrain us from making any laws at all. If your Excellency's +assertions in this, and the next succeeding part of your speech, were +well grounded, the conclusion would be undeniable, that the charter, +even in this clause, "does not confer or reserve any liberties," worth +enjoying, "but what would have been enjoyed without it;" saving that, +within any of his Majesty's dominions, we are to be considered +barely as not aliens. You are pleased to say, it cannot "be contended, +that by the liberties of free and natural subjects," (which are +expressly granted in the charter, to all intents, purposes and +constructions, whatever,) "is to be understood, an exemption from acts +of Parliament, because not represented there; seeing it is provided by +the same charter, that such acts shall be in force." If, says an +eminent lawyer, "the King grants to the town of D. the same liberties +which London has, this shall be intended the like liberties." A grant +of the liberties of free and natural subjects, is equivalent to a +grant of the same liberties. And the King, in the first charter to +this colony, expressly grants, that it "shall be construed, reputed +and adjudged in all cases, most favorably on the behalf and for the +benefit and behoof of the said Governor and Company, and their +successors - any matter, cause or thing, whatsover, to the contrary +notwithstanding." It is one of the liberties of free and natural +subjects, born and abiding within the realm, to be governed, as your +Excellency observes, "by laws made by persons, in whose elections +they, from time to time, have a voice." This is an essential right. +For nothing is more evident, than, that any people, who are subject to +the unlimited power of another, must be in a state of abject slavery. +It was easily and plainly foreseen, that the right of representation +in the English Parliament, could not be exercised by the people of +this colony. It would be impracticable, if consistent with the English +constitution. And for this reason, that this colony might have and +enjoy all the liberties and immunities of free and natural subjects +within the realm, as stipulated in the charter, it was necessary, and +a Legislative was accordingly constituted within the colony one branch +of which, consists of Representatives chosen by the people, to make +all laws, statutes, ordinances, &c. for the well ordering and +governing the same, not repugnant to the laws of England, or, as +nearly as conveniently might be, agreeable to the fundamental laws of +the English constitution. We are, therefore, still at a loss to +conceive, where your Excellency finds it " provided in the same +charter, that such acts," viz, acts of Parliament, made expressly to +refer to us, " shall be in force " in this province. There is nothing +to this purpose, expressed in the charter, or in our opinion, even +implied in it. And surely it would be very absurd, that a charter, +which is evidently formed upon a supposition and intention, that a +colony is and should be considered as not within the realm; and +declared by the very Prince who granted it, to be not within the +jurisdiction of Parliament, should yet provide, that the laws which +the same Parliament should make, expressly to refer to that colony, +should be in force therein. Your Excellency is pleased to ask, "does +it follow, that the government, by their (our ancestors) removal from +one part of the dominion to another, loses its authority over that +part to which they removed; and that they are freed from the +subjection they were under before?" We answer, if that part of the +King's dominions, to which they removed, was not then a part of the +realm, and was never annexed to it, the Parliament lost no authority +over it, having never had such authority; and the emigrations were +consequently freed from the subjection they were under before their +removal. The power and authority of Parliament, being constitutionally +confined within the limits of the realm, and the nation collectively, +of which alone it is the representing and Legislative Assembly. Your +Excellency further asks, "will it not rather be said, that by this, +their voluntary removal, they have relinquished, for a time, at least, +one of the rights of an English subject, which they might, if they +pleased, have continued to enjoy, and may again enjoy, whenever they +return to the place where it can be exercised?" To which we answer; +they never did relinquish the right to be governed by laws, made by +persons in whose election they had a voice. The King stipulated with +them, that they should have and enjoy all the liberties of free and +natural subjects, born within the realm, to all intents, purposes and +constructions, whatsoever; that is, that they should be as free as +those, who were to abide within the realm: consequently, he stipulated +with them, that they should enjoy and exercise this most essential +right, which discriminates freemen from vassals, uninterruptedly, +in its full sense and meaning; and they did, and ought still to +exercise it, without the necessity of returning, for the sake of +exercising it, to the nation or state of England. + +We cannot help observing, that your Excellency's manner of reasoning +on this point, seems to us, to render the most valuable clauses in our +charter unintelligible: as if persons going from the realm of England, +to inhabit in America, should hold and exercise there a certain right +of English subjects; but, in order to exercise it in such manner as to +be of any benefit to them, they must not inhabit there, but return to +the place where alone it can be exercised. By such construction, the +words of the charter can have no sense or meaning. We forbear +remarking upon the absurdity of a grant to persons born without the +realm, of the same liberties which would have belonged to them, if +they had been born within the realm. + +Your Excellency is disposed to compare this government to the variety +of corporations, formed within the kingdom, with power to make and +execute bylaws, &c.; and, because they remain subject to the supreme +authority of Parliament, to infer, that this colony is also subject to +the same authority: this reasoning appears to us not just. The members +of those corporations are resident within the kingdom; and residence +subjects them to the authority of Parliament, in which they are also +represented; whereas the people of this colony are not resident within +the realm. The charter was granted, with the express purpose to +induce them to reside without the realm; consequently, they are not +represented in Parliament there. But, we would ask your Excellency, +are any of the corporations, formed within the kingdom, vested with +the power of erecting other subordinate corporations? of enacting and +determining what crimes shall be capital? and constituting courts of +common law, with all their officers, for the hearing, trying and +punishing capital offenders with death? These and many other powers +vested in this government, plainly show, that it is to be considered +as a corporation, in no other light, than as every state is a +corporation. Besides, appeals from the courts of law here, are not +brought before the House of Lords; which shows, that the peers of the +realm, are not the peers of America: but all such appeals are brought +before the King in council, which is a further evidence, that we are +not within the realm. + +We conceive enough has been said, to convince your Excellency, that, +"when our predecessors first took possession of this plantation, or +colony, by a grant and charter from the Crown of England, it was not, +and never had been the sense of the kingdom, that they were to remain +subject to the supreme authority of Parliament. We will now, with your +Excellency's leave, inquire what was the sense of our ancestors, of +this very important matter. + +And, as your Excellency has been pleased to tell us, you have not +discovered, that the supreme authority of Parliament has been called +in question, even by private and particular persons, until within +seven or eight years past; except about the time of the anarchy and +confusion in England, which preceded the restoration of King Charles +the II. we beg leave to remind your Excellency of some parts of your +own history of Massachusetts Bay. Therein we are informed of +the sentiments of "persons of influence," after the restoration; from +which, the historian tells us, some parts of their conduct, that is, +of the General Assembly, "may be pretty well accounted for." By the +history, it appears to have been the opinion of those persons of +influence, "that the subjects of any prince or state, had a natural +right to remove to any other state, or to another quarter of the +world, unless the state was weakened or exposed by such remove; +and, even in that case, if they were deprived of the right of all +mankind, liberty of conscience, it would justify a separation, and +upon their removal, their subjection determined and ceased." That "the +country to which they had removed, was claimed and possessed by +independent princes, whose right to the lordship and sovereignty +thereof had been acknowledged by the Kings of England," an instance of +which is quoted in the margin. "That they themselves had actually +purchased, for valuable consideration, not only the soil, but the +dominion, the lordship and sovereignty of those princes;" without +which purchase, "in the sight of God and men, they had no right or +title to what they possessed." They had received a charter of +incorporation from the King, from whence arose a new kind of +subjection, namely, "a voluntary, civil subjection;" and by this +compact, "they were to be governed by laws made by themselves." Thus +it appears to have been the sentiments of private persons, though +persons by whose sentiments the public conduct was influenced, that +their removal was a justifiable separation from the mother state, upon +which, their subjection to that state, determined and ceased. The +supreme authority of Parliament, if it had then ever been asserted, +must surely have been called in question, by men who had advanced such +principles as these. + +The first act of Parliament, made expressly to refer to the colonies, +was after the restoration. In the reign of King Charles the II. +several such acts passed. And the same history informs us, there was a +difficulty in conforming to them; and the reason of this difficulty is +explained in a letter of the General Assembly to their Agent, quoted +in the following words; "they apprehended them to be an invasion of +the rights, liberties and properties of the subjects of his Majesty, +in the colony, they not being represented in Parliament, and according +to the usual sayings of the learned in the law, the laws of England +were bounded within the four seas, and did not reach America: However, +as his Majesty had signified his pleasure, that those acts should be +observed in the Massachusetts, they had made provision, by a law of +the colony, that they should be strictly attended."3 Which provision, +by a law of their own, would have been superfluous, if they had +admitted the supreme authority of Parliament. In short, by the same +history it appears, that those acts of Parliament, as such, were +disregarded; and the following reason is given for it: "It seems to +have been a general opinion, that acts of Parliament have no other +force, than what they derived from acts made by the General Court, to +establish and confirm them." + +But, still further to show the sense of our ancestors, respecting this +matter, we beg leave to recite some parts of a narrative, presented to +the Lords of Privy Council, by Edward Randolph, in the year 1676, +which we find in your Excellency's collection of papers lately +published.4 Therein5 it is declared to be the sense of the colony, +"that no law is in force or esteem there, but such as are made by the +General Court; and, therefore, it is accounted a breach of their +privilegès, and a betraying of the liberties of their commonwealth, to +urge the observation of the laws of England." And, further, "that no +oath shall be urged, or required to be taken by any person, but such +oath as the General Court hath considered, allowed and required." And, +further, "there is no notice taken of the act of navigation, +plantation or any other laws, made in England for the regulation of +trade." "That the government would make the world believe, They are a +free state, and do act in all matters accordingly." Again, "these +magistrates ever reserve to themselves, a power to alter, evade and +disannul any law or command, not agreeing with their humor, or the +absolute authority of their government, acknowledging no superior." +And, further, "he (the Governor) freely declared to me, that the laws +made by your Majesty and your Parliament, obligeth them in nothing, +but what consists with the interests of that colony; that the +Legislative power and authority is, and abides in them solely." And in +the same Mr. Randolph's letter to the Bishop of London, July 14., +1682, he says, "this independency in government is claimed and daily +practised."6 And your Excellency being then sensible, that this was +the sense of our ancestors, in a marginal note, in the same collection +of papers, observes, that, "this, viz, the provision made for +observing the acts of trade, is very extraordinary, for this provision +was an act of the colony, declaring the acts of trade shall be in +force there." Although Mr. Randolph was very unfriendly to the colony, +yet, as his declarations are concurrent with those recited from your +Excellency's history, we think they may be admitted, for the purpose +for which they are now brought. + +Thus we see, from your Excellency's history and publications, the +sense our ancestors had of the jurisdiction of Parliament, under the +first charter. Very different from that, which your Excellency in your +speech, apprehends it to have been. + +It appears by Mr. Neal's History of New England, that the agents, who +had been employed by the colony to transact its affairs in England, at +the time when the present charter was granted, among other reasons, +gave the following for their acceptance of it, viz. "The General Court +has, with the King's approbation, as much power in New England, as the +King and Parliament have in England; they have all English privileges, +and can be touched by no law, and by no tax but of their own making."7 +This is the earliest testimony that can be given of the sense our +predecessors had of the supreme authority of Parliament, under the +present charter. And it plainly shows, that they, who having been +freely conversant with those who framed the charter, must have well +understood the design and meaning of it, supposed that the terms in +our charter, "full power and authority," intended and were considered +as a sole and exclusive power, and that there was no "reserve in the +charter, to the authority of Parliament, to bind the colony" by any +acts whatever. + +Soon after the arrival of the charter, viz, in 1692, your Excellency's +history informs us,8 "the first act" of this Legislative, was a sort +of Magna Charta, asserting and setting forth their general privileges, +and this clause was among the rest; "no aid, tax, tallage, assessment, +custom, loan, benevolence, or imposition whatever, shall be laid, +assessed, imposed, or levied on any of their Majesty's subjects, or +their estates, on any pretence whatever, but by the act and consent of +the Governor, Council, and Representatives of the people assembled in +General Court." And though this act was disallowed, it serves to show +the sense which the General Assembly, contemporary with the granting +the charter, had of their sole and exclusive right to legislate for +the colony. The history says, "the other parts of the act were copied +from Magna Charta;" by which, we may conclude that the Assembly then +construed the words, "not repugnant to the laws," to mean, conformable +to the fundamental principles of the English constitution. And it is +observable, that the Lords of Privy Council, so lately as in the reign +of Queen Anne, when several laws enacted by the General Assembly were +laid before her Majesty for her allowance, interpreted the words in +this charter, "not repugnant to the laws of England," by the words, +"as nearly as conveniently may be agreeable to the laws and statutes +of England." And her Majesty was pleased to disallow those acts, not +because they were repugnant to any law or statute of England, made +expressly to refer to the colony, but because divers persons, by +virtue thereof, were punished, without being tried by their peers in +the ordinary "courts of law," and "by the ordinary rules and known +methods of justice," contrary to the express terms of Magna Charta, +which was a statute in force at the time of granting the charter, and +declaratory of the rights and liberties of the subjects within the +realm. + +You are pleased to say, that "our provincial or local laws have, in +numerous instances, had relation to acts of Parliament, made to +respect the plantations, and this colony in particular." The authority +of the Legislature, says the same author who is quoted by your +Excellency, "does not extend so far as the fundamentals of the +constitution. They ought to consider the fundamental laws as sacred, +if the nation has not in very express terms, given them the power to +change them. For the constitution of the state ought to be fixed; +and since that was first established by the nation, which afterwards +trusted certain persons with the Legislative power, the fundamental +laws are excepted from their commission." Now the fundamentals of the +constitution of this province, are stipulated in the charter; the +reasoning, therefore, in this case, holds equally good. Much less, +then, ought any acts or doings of the General Assembly, however +numerous, to neither of which your Excellency has pointed us, +which barely relate to acts of Parliament made to respect the +plantations in general, or this colony in particular, to be taken +as an acknowledgment of this people, or even of the Assembly, +which inadvertently passed those acts, that we are subject to the +supreme authority of Parliament; and with still less reason are +the decisions in the executive courts to determine this point. If +they have adopted that "as part of the rule of law," which, in +fact, is not, it must be imputed to inattention or error in +judgment, and cannot justly be urged as an alteration or +restriction of the Legislative authority of the province. + +Before we leave this part of your Excellency's speech, we would +observe, that the great design of our ancestors in leaving the +kingdom of England, was to be freed from a subjection to its +spiritual laws and courts, and to worship God according to the +dictates of their consciences. Your Excellency, in your history +observes, that their design was "to obtain for themselves and +their posterity, the liberty of worshipping God in such manner as +appeared to them most agreeable to the sacred scriptures." And the +General Court themselves declared in 1651, that "seeing just cause +to fear the persecution of the then Bishop, and high commission +for not conforming to the ceremonies of those under their power, +they thought it their safest course, to get to this outside of the +world, out of their view and beyond their reach." But, if it had +been their sense, that they were still to be subject to the +supreme authority of Parliament, they must have known that their +design might, and probably would be frustrated; that the +Parliament, especially considering the temper of those times, +might make what ecclesiastical laws they pleased, expressly to +refer to them, and place them in the same circumstances with +respect to religious matters, to be relieved from which, was the +design of their removal; and we would add, that if your +Excellency's construction of the clause in our present charter is +just, another clause therein, which provides for liberty of +conscience for all christians, except papists, may be rendered +void by an act of Parliament made to refer to us, requiring a +conformity to the rights and mode of worship in the church of +England, or any other. + +Thus we have endeavored to show the sense of the people of this +colony under both charters; and, if there have been in any late +instances a submission to acts of Parliament, it has been, in our +opinion, rather from inconsideration, or a reluctance at the idea +of contending with the parent state, than from a conviction or +acknowledgment of the Supreme Legislative authority of Parliament. + +Your Excellency tells us, "you know of no line that can be drawn +between the supreme authority of Parliament and the total +independence of the colonies." If there be no such line, the +consequence is, either that the colonies are the vassals of the +Parliament, or that they are totally independent. As it cannot be +supposed to have been the intention of the parties in the compact, +that we should be reduced to a state of vassalage, the conclusion +is, that it was their sense that we were thus independent. "It is +impossible," your Excellency says, "that there should be two +independent Legislatures in one and the same state." May we not +then further conclude, that it was their sense, that the colonies +were, by their charters, made distinct states from the mother +country? Your Excellency adds, "for although there may be but one +head, the King, yet the two Legislative bodies will make two +governments as distinct as the kingdoms of England and Scotland, +before the union." Very true, may it please your Excellency; and +if they interfere not with each other, what hinders, but that +being united in one head and common Sovereign, they may live +happily in that connection, and mutually support and protect each +other? Notwithstanding all the terrors which your Excellency has +pictured to us as the effects of a total independence, there is +more reason to dread the consequences of absolute uncontroled +power, whether of a nation or a monarch, than those of a total +independence. It would be a misfortune "to know by experience, the +difference between the liberties of an English colonist and those +of the Spanish, French, and Dutch": and since the British +Parliament has passed an act, which is executed even with rigor, +though not voluntarily submitted to, for raising a revenue, and +appropriating the same, without the consent of the people who pay +it, and have claimed a power of making such laws as they please, +to order and govern us, your Excellency will excuse us in asking, +whether you do not think we already experience too much of such a +difference, and have not reason to fear we shall soon be reduced +to a worse situation than that of the colonies of France, Spain, +or Holland? + +If your Excellency expects to have the line of distinction between +the supreme authority of Parliament, and the total independence of +the colonies drawn by us, we would say it would be an arduous +undertaking, and of very great importance to all the other +colonies; and therefore, could we conceive of such a line, we +should be unwilling to propose it, without their consent in +Congress. + +To conclude, these are great and profound questions. It is the +grief of this House, that, by the ill policy of a late injudicious +administration, America has been driven into the contemplation of +them. And we cannot but express our concern, that your Excellency, +by your speech, has reduced us to the unhappy alternative, either +of appearing by our silence to acquiesce in your Excellency's +sentiments, or of thus freely discussing this point. + +After all that we have said, we would be far from being understood +to have in the least abated that just sense of allegiance which we +owe to the King of Great Britain, our rightful Sovereign; and should +the people of this province be left to the free and full exercise of +all the liberties and immunities granted to them by charter, there +would be no danger of an independence on the Crown. Our charters +reserve great power to the Crown in its Representative, fully +sufficient to balance, analogous to the English constitution, all the +liberties and privileges granted to the people. All this your +Excellency knows full well; and whoever considers the power and +influence, in all their branches, reserved by our charter, to the +Crown, will be far from thinking that the Commons of this province are +too independent. + + +1 Adams was a member of the committee appointed by the House on +January 8 to prepare this answer, and also a member of the committee +appointed January 26 to present the answer to the Governor. +Concerning the authorship of the answer, see W. V. Wells, Life of +Samuel Adams. vol. ii., p. 31, and R. Frothingham, Life of Joseph +Warren, p. 223. For a claim adverse to the authorship of Samuel Adams, +see W. Tudor, Life of James Otis, p. 411, See also below, pages 430, +431. +2 Massachusetts State Papers, pp. 336-342. +3 T. Hutchinson, History of the Province of Massachusetts Bay, vol. i. +p. 322. +4 A Collection of Original Papers Relative to the History of the +Colony of Massachusetts Bay. Boston, 1769. Reprinted by the Prince +Society, 2 vols., Albany, 1865, under the title The Hutchinson Papers. +5 The Hutchinson Papers, vol, ii., pp. 210 et seq. +7 Daniel Neal, History of New England. London, 1720, vol. ii., p. 479. +8 T. Hutchinson, History of the Province of Massachusetts Bay, vol +ii., p. 64. + + + +THE COMMITTEE OF CORRESPONDENCE OF BOSTON TO +THE COMMITTEE OF CORRESPONDENCE OF LYNN.1 + +[MS., Committee of Correspondence Papers, Lenox Library.] + +BOSTON Febry 9 1773 + +SIRS + +The Committee of Correspondence have now before them the Letter of +the Town of Lynn, & will, agreable to their desire, lay it before +this Town. We heartily joyn with you in wishing the glorious +spirit of Liberty which now animates the Inhabitants of this +Province shall be diffused through the Colonies, & happily Effect +the restoration of their Rights, which are cruelly ravishd from +them. + + +1 Addressed to Ebenezer Burrill, town clerk. +[1773] SAMUEL ADAMS. 427 + + + +To DARIUS SESSIONS.1 + +[MS., Samuel Adams Papers, Lenox Library.] + +[February --, 1773.] + +SIR + +As I am informd the Commissioners are all now in Newport, and your +Assembly is to meet this day I am anxious to know precisely the +Steps that are or shall be taken by each. I hope your Governor +will not think it proper for him to act in the Commission if the +others should determine so to do. Will it not be construed as +conceding on his part to the Legality of it? Every Movement on the +Side of the Commissioners & the Assembly must be important. I trust no +Concessions will be made on your part which shall have the remotest +tendency to fix a precedent; for if it is once establishd, a thousand +Commissions of the like arbitrary kind may be introducd to the utter +ruin of your free Constitution. The promoters of ministerial measures +in this Town are pleasd to hear from one of the Commissioners that +they are treated with great respect: Even common Civility will be thus +colourd to serve the great purpose. Will it not be necessary at all +Events for the Assembly to enter a protest on their Journal against so +unconstitutional a proceeding. This is the Sentiment of a Gentleman +here whose Judgment I very much regard. Such has been the constant +practice of the Assembly of this province in like Cases, for some +years past. You will see by our Governors Speech what Use is made of +Mistakes of this Sort; they are even Improved as Arguments of our +having voluntarily consented to be the Vassals of the British +Parliament. Indeed the Doctrine he has advancd strikes at the root of +every civil Constitution in America. If it be admissible, you have no +just Cause to complain of the present Measure for it is founded upon +the Authority of that parliament, to the Jurisdiction of which +notwithstanding your Charter, you remain subject. + +I shall receive a Letter from you by the return of the post if +your Attention to the publick Affairs will admit of it, as a great +favor. In the mean time I beg you to excuse this hasty Scrawl & +believe me to be &c + + +1 See above, page 389. note. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS +TO THE GOVERNOR. FEBRUARY 12, 1773.1 + +[Massachusetts State Papers, pp. 366, 367; printed also in the +Gentleman's Magazine, vol. xliii., Pp. 198, 199.] + +May it please your Excellency, + +Your message of the 4th instant,2 informs this House, that his +Majesty has been pleased to order that salaries shall be allowed +to the Justices of the Superior Court of this province. + +We conceive that no Judge, who has a due regard to justice, or +even to his own character, would choose to be placed under such an +undue bias as they must be under, in the opinion of this House, by +accepting of, and becoming dependent for their salaries upon the +Crown. + +Had not his Majesty been misinformed, with respect to the +constitution and appointment of our Judges, by those who advised +to this measure, we are persuaded, he would never have passed such +an order; as he was pleased to declare, upon his accession to the +throne, that "he looked upon the independence and uprightness of +the Judges, as essential to the impartial administration of +justice, as one of the best securities of the rights and liberties +of his subjects, and as most conducive to the honor of the Crown." + +Your Excellency's precaution to prevent all claim from the +province for any services, for which the Justices may also be +entitled to a salary from the King, is comparatively, of very +small consideration with us. + +When we consider the many attempts that have been made, +effectually to render null and void those clauses in our charter, +upon which the freedom of our constitution depends, we should be +lost to all public feeling, should we not manifest a just +resentment. We are more and more convinced, that it has been the +design of administration, totally to subvert the constitution, and +introduce an arbitrary government into this province; and we +cannot wonder that the apprehensions of this people are thoroughly +awakened. + +We wait with impatience to know, and hope your Excellency will +very soon be able to assure us, that the Justices will utterly +refuse ever to accept of support, in a manner so justly obnoxious +to the disinterested and judicious part of the good people of this +province, being repugnant to the charter, and utterly inconsistent +with the safety of the rights, liberties and properties of the +people. + + +1 Stated to have been written by Adams, in W. V. Wells, Life of +Samuel Adams, vol. ii., p. 47, but with no authority given. +2 Massachusetts State Papers, pp. 365, 366. + + + +TO JOHN ADAMS.1 + +[MS., Adams Papers, Quincy, Mass.; a facsimile is in Works of John +Adams, vol. ii., p. 310.] + +MY DEAR SIR + +If you have had Leisure to commit your Thoughts to writing +agreable to my request I shall be obligd if you will send them by +the Bearer. The Govr says the House have incautiously applied a rule +of the Common Law2 (see the 4th Coll. of his Speech). The Assertion is +mine, upon your Authority as I thought. If it be vindicable, pray give +me your Aid in that as briefly as you please. I am sorry to trouble +you at a time when I know you must be much engagd but to tell you a +Secret, if there be a Lawyer in the house in Major Hawleys Absence, +there is no one whom I incline to confide in. + +Monday Evg + + +1 Presumably written on February 22 or March I, 1773. Cf. W. V. +Wells, Life of Samuel Adams, vol. ii., p. 41. +2 Speech of February 16, 1773. Massachusetts State Papers, p. 374. +See ibid., p. 387. + + + +THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO +THE GOVERNOR. MARCH 2, 1773.1 + +[Massachusetts State Papers, pp. 384-396; printed also in the +Boston Gazette, March 8, 1773, and in The Speeches of His +Excellency Governor Hutchinson, pp. 90-113.] + +May it please your Excellency, + +In your speech, at the Opening of the present session2, your +Excellency expressed your displeasure, at some late proceedings of +the town of Boston, and other principal towns in the province. And, +in another speech3 to both Houses, we have your repeated exceptions +at the same proceedings, as being "unwarrantable," and of a dangerous +nature and tendency; "against which, you thought yourself bound to +call upon us to join with you in bearing a proper testimony." This +House have not discovered any principles advanced by the town of +Boston, that are unwarrantable by the constitution; nor does it appear +to us, that they have "invited every other town and district in the +province, to adopt their principles." We are fully convinced, that it +is our duty to bear our testimony against "innovations, of a dangerous +nature and tendency;" but, it is clearly our opinion, that it is the +indisputable right of all, or any of his Majesty's subjects, in +this province, regularly and orderly to meet together, to state +the grievances they labor under; and, to propose, and unite in +such constitutional measures, as they shall judge necessary or proper, +to obtain redress. This right has been frequently exercised by his +Majesty's subjects within the realm; and, we do not recollect an +instance, since the happy revolution, when the two Houses of +Parliament have been called upon to discountenance, or bear their +testimony against it, in a speech from the throne. + +Your Excellency is pleased to take notice of some things, which we +"allege," in our answer to your first speech; and, the observation +you make, we must confess, is as natural, and undeniably true, as +any one that could have been made; that, "if our foundation shall +fail us in every part of it, the fabric we have raised upon it, +must certainly fall." You think this foundation will fail us; but, +we wish your Excellency had condescended to a consideration of +what we have "adduced in support of our principles." We might +then, perhaps, have had some things offered for our conviction, +more than bare affirmations; which, we must beg to be excused, if +we say, are far from being sufficient, though they came with your +Excellency's authority, for which, however, we have a due regard. + +Your Excellency says, that, "as English subjects, and agreeable to +the doctrine of the feudal tenure, all our lands are held mediately, +or immediately, of the Crown." We trust, your Excellency does not mean +to introduce the feudal system in its perfection; which, to use the +words of one of our greatest historians, was "a state of perpetual +war, anarchy, and confusion, calculated solely for defence against the +assaults of any foreign power; but, in its provision for the interior +order and tranquillity of society, extremely defective. A +constitution, so contradictory to all the principles that govern +mankind, could never be brought about, but by foreign conquest or +native usurpation." And, a very celebrated writer calls it, "that most +iniquitous and absurd form of government, by which human nature +was so shamefully degraded." This system of iniquity, by a strange +kind of fatality, "though originally formed for an encampment, and +for military purposes only, spread over a great part of Europe;" +and, to serve the purposes of oppression and tyranny, "was adopted +by princes, and wrought into their civil constitutions;" and, +aided by the canon law, calculated by the Roman Pontiff, to exalt +himself above all that is called God, it prevailed to the almost +utter extinction of knowledge, virtue, religion, and liberty from +that part of the earth. But, from the time of the reformation, in +proportion as knowledge, which then darted its rays upon the +benighted world, increased, and spread among the people, they grew +impatient under this heavy yoke; and the most virtuous and +sensible among them, to whose steadfastness, we, in this distant +age and climate, are greatly indebted, were determined to get rid +of it; and, though they have in a great measure subdued its power +and influence in England, they have never yet totally eradicated +its principles. + +Upon these principles, the King claimed an absolute right to, and +a perfect estate in, all the lands within his dominions; but, how +he came by this absolute right and perfect estate, is a mystery which +we have never seen unravelled, nor is it our business or design, at +present, to inquire. He granted parts or parcels of it to his +friends, the great men, and they granted lesser parcels to their +tenants. All, therefore, derived their right and held their lands, +upon these principles, mediately or immediately of the King; which +Mr. Blackstone, however, calls, "in reality, a mere fiction of our +English tenures." + +By what right, in nature and reason, the christian princes in +Europe, claimed the lands of heathen people, upon a discovery made +by any of their subjects, is equally mysterious. Such, however, +was the doctrine universally prevailing, when the lands in America +were discovered; but, as the people of England, upon those +principles, held all the lands they possessed, by grants from the +King, and the King had never granted the lands in America to them, +it is certain they could have no sort of claim to them. Upon the +principles advanced, the lordship and dominion, like that of the +lands in England, was in the King solely; and a right from thence +accrued to him, of disposing such territories, under such tenure, +and for such services to be performed, as the King or Lord thought +proper. But how the grantees became subjects of England, that is, +the supreme authority of the Parliament, your Excellency has not +explained to us. We conceive that upon the feudal principles, all +power is in the King; they afford us no idea of Parliament. "The +Lord was in early times, the Legislator and Judge over all his +feudatories," says Judge Blackstone. By the struggle for liberty +in England, from the days of King John, to the last happy +revolution, the constitution has been gradually changing for the +better; and upon the more rational principles, that all men, by +nature, are in a state of equality in respect of jurisdiction and +dominion, power in England has been more equally divided. And +thus, also in America, though we hold our lands agreeably to the +feudal principles of the King; yet our predecessors wisely took +care to enter into compact with the King, that power here should +also be equally divided, agreeable to the original fundamental +principles of the English constitution, declared in Magna Charta, +and other laws and statutes of England, made to confirm them. + +Your Excellency says, "you can by no means concede to us that it +is now, or was, when the plantations were first granted, the +prerogative of the Kings of England, to constitute a number of new +governments, altogether independent of the sovereign authority of +the English empire." By the feudal principles, upon which you say +"all the grants which have been made of America, are founded, the +constitutions of the Emperor, have the force of law." If our +government be considered as merely feudatory, we are subject to +the King's absolute will, and there is no authority of Parliament, +as the sovereign authority of the British empire. Upon these +principles, what could hinder the King's constituting a number of +independent governments in America? That King Charles the I. did +actually set up a government in this colony, conceding to it +powers of making and executing laws, without any reservation to +the English Parliament, of authority to make future laws binding +therein, is a fact which your Excellency has not disproved, if you +have denied it. Nor have you shewn that the Parliament or nation +objected to it; from whence we have inferred that it was an +acknowledged right. And we cannot conceive, why the King has not the +same right to alienate and dispose of countries acquired by the +discovery of his subjects, as he has to "restore, upon a treaty of +peace, countries which have been acquired in war," carried on at the +charge of the nation; or to "sell and deliver up any part of his +dominions to a foreign Prince or state, against the general sense of +the nation;" which is "an act of power," or prerogative, which your +Excellency allows. You tell us, that, "when any new countries are +discovered by English subjects, according to the general law and usage +of nations, they become part of the state. The law of nations is, or +ought to be, founded on the law of reason. It was the saying of +Sir Edwin Sandis, in the great case of the union of the realm of +Scotland with England, which is applicable to our present purpose, +that "there being no precedent for this case in the law, the law +is deficient; and the law being deficient, recourse is to be had +to custom; and custom being insufficient, we must recur to natural +reason;" the greatest of all authorities, which, he adds, "is the +law of nations." The opinions, therefore, and determinations of +the greatest Sages and Judges of the law in the Exchequer Chamber, +ought not to be considered as decisive or binding, in our present +controversy with your Excellency, any further, than they are +consonant to natural reason. If, however, we were to recur to such +opinions and determinations, we should find very great authorities +in our favor, to show, that the statutes of England are not binding on +those who are not represented in Parliament there. The opinion of Lord +Coke, that Ireland was bound by statutes of England, wherein they were +named, if compared with his other writings, appears manifestly to be +grounded upon a supposition, that Ireland had, by an act of their own, +in the reign of King John, consented to be thus bound; and, upon any +other supposition, this opinion would be against reason; for consent +only gives human laws their force. We beg leave, upon what your +Excellency has observed of the colony becoming a part of the state, to +subjoin the opinions of several learned civilians, as quoted by a very +able lawyer in this country. "Colonies," says Puffendorf, "are +settled in different methods; for, either the colony continues a +part of the Commonwealth it was set out from, or else is obliged +to pay a dutiful regard to the mother Commonwealth, and to be in +readiness to defend and vindicate its honor, and so is united by a +sort of unequal confederacy; or, lastly, is erected into a +separate Commonwealth and assumes the same rights, with the state +it descended from." And, King Tullius, as quoted by the same +learned author, from Grotius, says, "we look upon it to be neither +truth nor justice, that mother cities, ought, of necessity, and by +the law of nature, to rule over the colonies." + +Your Excellency has misinterpreted what we have said, "that no +country, by the common law, was subject to the laws or the +Parliament, but the realm of England;" and, are pleased to tell +us, "that we have expressed ourselves incautiously."4 We beg leave +to recite the words of the Judges of England, in the before +mentioned case, to our purpose. "If a King go out of England with +a company of his servants, allegiance remaineth among his subjects +and servants, although he be out of his realm, whereto his laws +are confined." We did not mean to say, as your Excellency would +suppose, that "the common law prescribes limits to the extent of +the Legislative power," though, we shall always affirm it to be +true, of the law of reason and natural equity. Your Excellency +thinks, you have made it appear, that the "colony of Massachusetts +Bay is holden as feudatory of the imperial Crown of England;" and, +therefore, you say, "to use the words of a very great authority in +a case, in some respects analogous to it," being feudatory, it +necessarily follows, that "it is under the government of the +King's laws." Your Excellency has not named this authority; but, +we conceive his meaning must be, that being feudatory, it is under +the government of the King's laws absolutely; for, as we have +before said, the feudal system admits of no idea of the authority +of Parliament; and this would have been the case of the colony, +but for the compact with the King in the charter. + +Your Excellency says, that "persons thus holding under the Crown +of England, remain, or become subjects of England," by which, we +suppose your Excellency to mean, subject to the supreme authority +of Parliament, "to all intents and purposes, as fully, as if any of +the royal manors, &c. within the realm, had been granted to them upon +the like tenure." We apprehend, with submission, your Excellency is +mistaken in supposing that our allegiance is due to the Crown of +England. Every man swears allegiance for himself, to his own King, in +his natural person. Every subject is presumed by law to be sworn to +the King, which is to his natural person," says Lord Coke. Rep. on +Calvin's case.5 "The allegiance is due to his natural body;" and, +he says, "in the reign of Edward II. the Spencers, the father and +the son, to cover the treason hatched in their hearts, invented +this damnable and damned opinion, that homage and oath of allegiance +was more by reason of the King's Crown, that is, of his politic +capacity, than by reason of the person of the King; upon which +opinion, they inferred execrable and detestable consequents." The +Judges of England, all but one, in the case of the union between +Scotland and England, declared, that "allegiance followeth the natural +person, not the politic;" and, "to prove the allegiance to be tied to +the body natural of the King, and not to the body politic, the Lord +Coke cited the phrases of divers statutes, mentioning our natural +liege Sovereign." If, then, the homage and allegiance is not to the +body politic of the King, then it is not to him as the head, or any +part of that Legislative authority, which your Excellency says, "is +equally extensive with the authority of the Crown throughout every +part of the dominion;" and your Excellency's observations thereupon, +must fail. The same Judges mention the allegiance of a subject to the +Kings of England, who is out of the reach and extent of the laws of +England, which is perfectly reconcileable with the principles of +our ancestors, quoted before from your Excellency's history, but, +upon your Excellency's principles, appears to us to be an +absurdity. The Judges, speaking of a subject, say, "although his +birth was out of the bounds of the kingdom of England, and out of +the reach and extent of the laws of England, yet, if it were +within the allegiance of the King of England, &c. Normandy, +Aquitain, Gascoign, and other places, within the limits of France, +and, consequently, out of the realm or bounds of the kingdom of +England, were in subjection to the Kings of England." And the +Judges say, "Rex et Regnum, be not so relatives, as a King can be +King but of one kingdom, which clearly holdeth not, but that his +kingly power extending to divers nations and kingdoms, all owe him +equal subjection, and are equally born to the benefit of his +protection; and, although he is to govern them by their distinct +laws, yet any one of the people coming into the other, is to have +the benefit of the laws, wheresoever he cometh." So they are not +to be deemed aliens, as your Excellency in your speech supposes, +in any of the dominions, all which accords with the principles our +ancestors held. "And he is to bear the burden of taxes of the +place where he cometh, but living in one, or for his livelihood in +one, he is not to be taxed in the other, because laws ordain taxes, +impositions, and charges, as a discipline of subjection, +particularized to every particular nation." Nothing, we think, can +be more clear to our purpose than this decision of Judges, perhaps +as learned, as ever adorned the English nation, or in favor of +America, in her present controversy with the mother state. + +Your Excellency says, that, by "our not distinguishing between the +Crown of England, and the Kings and Queens of England, in their +personal or natural capacities, we have been led into a +fundamental error." Upon this very distinction we have availed +ourselves. We have said, that our ancestors considered the land, +which they took possession of in America, as out of the bounds of +the kingdom of England, and out of the reach and extent of the +laws of England; and, that the King also, even in the act of +granting the charter, considered the territory as not within the +realm; that the King had an absolute right in himself to dispose +of the lands, and that this was not disputed by the nation; nor +could the lands, on any solid grounds, be claimed by the nation; +and, therefore, our ancestors received the lands, by grant, from +the King; and, at the same time, compacted with him, and promised +him homage and allegiance, not in his public or politic, but +natural capacity only. If it be difficult for us to show how the +King acquired a title to this country in his natural capacity, or +separate from his relation to his subjects, which we confess, yet +we conceive, it will be equally difficult for your Excellency to +show how the body politic and nation of England acquired it. Our +ancestors supposed it was acquired by neither; and, therefore, +they declared, as we have before quoted from your history, that +saving their actual purchase from the natives, of the soil, the +dominion, the lordship, and sovereignty, they had in the sight of +God and man, no right and title to what they possessed. How much +clearer then, in natural reason and equity, must our title be, who +hold estates dearly purchased at the expense of our own, as well +as our ancestors labor, and defended by them with treasure and +blood. + +Your Excellency has been pleased to confirm, rather than deny or +confute, a piece of history, which, you say, we took from an +anonymous pamphlet, and by which you "fear we have been too easily +misled." It may be gathered from your own declaration, and other +authorities, besides the anonymous pamphlet, that the House of +Commons took exception, not at the King's having made an absolute +grant of the territory, but at the claim of an exclusive right to +the fishery on the banks and sea coast, by virtue of the patent. +At this you say, "the House of Commons was alarmed, and a bill was +brought in for allowing a free fishery." And, upon this occasion, +your Excellency allows, that "one of the Secretaries of State +declared, that the plantations were not annexed to the Crown, and +so were not within the jurisdiction of Parliament." If we should +concede to what your Excellency supposes might possibly or +"perhaps," be the case, that the Secretary made this declaration, +"as his own opinion," the event showed that it was the opinion of +the King too; for it is not to be accounted for upon any other +principle, that he would have denied his royal assent to a bill, +formed for no other purpose, but to grant his subjects in England, +the privilege of fishing on the sea coasts in America. The account +published by Sir Ferdinando Gorges himself, of the proceedings of +Parliament on this occasion, your Excellency thinks, will remove +all doubt, of the sense of the nation, and of the patentees of +this patent or charter, in 1620. "This narrative," you say, "has +all the appearance of truth and sincerity," which we do not deny; +and, to us, it carries this conviction with it, that "what was +objected" in Parliament, was the exclusive claim of fishing only. +His imagining that he had satisfied the House, after divers +attendances, that the planting a colony was of much more +consequence than a simple disorderly course of fishing, is +sufficient for our conviction. We know that the nation was at that +time alarmed with apprehensions of monopolies; and, if the patent +of New England was presented by the two Houses as a grievance, it +did not show, as your Excellency supposes, "the sense they then +had of their authority over this new acquired territory," but only +their sense of the grievance of a monopoly of the sea. + +We are happy to hear your Excellency say, that "our remarks upon, +and construction of the words, not repugnant to the laws of +England, are much the same with those of the Council." It serves +to confirm us in our opinion, in what we take to be the most +important matter of difference between your Excellency and the two +Houses. After saying, that the statute of 7th and 8th of William +and Mary favors the construction of the words, as intending such +laws of England as are made more immediately to respect us, you +tell us, that "the province Agent, Mr. Dummer, in his much +applauded defence, says, that, then a law of the plantations may +be said to be repugnant to a law made in Great Britain, when it +flatly contradicts it, so far as the law made there, mentions and +relates to the plantations."6 This is plain and obvious to common +sense, and, therefore, cannot be denied. But, if your Excellency +would read a page or two further in that excellent defence,7 you +will see that he mentions this as the sense of the phrase, as +taken from an act of Parliament, rather than as the sense he would +choose himself to put upon it; and, he expressly designs to show, +in vindication of the charter, that, in that sense of the words, +there never was a law made in the plantations repugnant to the +laws of Great Britain. He gives another construction, much more +likely to be the true intent of the words, namely, "that the +patentees shall not presume, under color of their particular +charters, to make any laws inconsistent with the great charter, +and other laws of England, by which the lives, liberties, and +properties of Englishmen are secured."8 This is the sense in which +our ancestors understood the words; and, therefore, they are +unwilling to conform to the acts of trade, and disregarded them +till they made provision to give them force in the colony, by a +law of their own; saying, that "the laws of England did not reach +America; and those acts were an invasion of their rights, liberties, +and properties," because they were not "represented in Parliament." +The right of being governed by laws, which were made by persons, in +whose election they had a voice, they looked upon as the foundation +of English liberties. By the compact with the King, in the charter, +they were to be as free in America, as they would have been if they +had remained within the realm; and, therefore, they freely asserted, +that they "were to be governed by laws made by themselves, and by +officers chosen by themselves." Mr. Dummer says, "it seems reasonable +enough to think that the Crown," and, he might have added, our +ancestors, "intended by this injunction to provide for all its +subjects, that they might not be oppressed by arbitrary power; but +being still subjects, they should be protected by the same mild laws, +and enjoy the same happy government, as if they continued within the +realm."9 And, considering the words of the charter in this light, +he looks upon them as designed to be a fence against oppression +and despotic power. But the construction which your Excellency +puts upon the words, reduces us to a state of vassalage, and +exposes us to oppression and despotic power, whenever a Parliament +shall see fit to make laws for that purpose, and put them in +execution. + +We flatter ourselves, that, from the large extracts we have made +from your Excellency's history of the colony, it appears +evidently, that under both charters, it hath been the sense of the +people and of the government, that they were not under the +jurisdiction of Parliament. We pray you again to turn to those +quotations, and our observations upon them; and we wish to have your +Excellency's judicious remarks. When we adduced that history, to prove +that the sentiments of private persons of influence, four or five +years after the restoration, were very different from what your +Excellency apprehended them to be, when you delivered your speech, you +seem to concede to it, by telling us, "it was, as you take it, from +the principles imbibed in those times of anarchy, (preceding the +restoration,) that they disputed the authority of Parliament;" +but, you add, "the government would not venture to dispute it." We +find in the same history,10 a quotation from a letter of Mr. +Stoughton, dated seventeen years after the restoration, mentioning +"the country's not taking notice of the acts of navigation, to +observe them." And it was, as we take it, after that time, that +the government declared, in a letter to their Agents, that they +had not submitted to them; and they ventured to "dispute" the +jurisdiction, asserting, that they apprehended the acts to be an +invasion of the rights, liberties, and properties of the subjects +of his Majesty in the colony, they not being represented in +Parliament, and that "the laws of England did not reach America." +It very little avails in proof, that they conceded to the supreme +authority of Parliament, their telling the Commissioners, "that +the act of navigation had for some years before, been observed +here; that they knew not of its being greatly violated; and that, +such laws as appeared to be against it, were repealed." It may as +truly be said now, that the revenue acts are observed by some of the +people of this province; but it cannot be said that the government and +people of this province have conceded, that the Parliament had +authority to make such acts to be observed here. Neither does their +declaration to the Commissioners, that such laws as appeared to be +against the act of navigation, were repealed, prove their concession +of the authority of Parliament, by any means, so much as their making +provision for giving force to an act of Parliament within this +province, by a deliberate and solemn act or law of their own, proves +the contrary. + +You tell us, that "the government, four or five years before the +charter was vacated, in more explicitly," that is, than by a +conversation with the Commissioners, "acknowledged the authority +of Parliament, and voted, that their Governor should take the oath +required of him, faithfully to do and perform all matters and +things enjoined him by the acts of trade." But does this, may it +please your Excellency, show their explicit acknowledgment of the +authority of Parliament? Does it not rather show directly the +contrary? For, what could there he for their vote, or authority, +to require him to take the oath already required of him, by the +act of Parliament, unless both he, and they, judge that an act of +Parliament was not of force sufficient to bind him to take such +oath? We do not deny, but, on the contrary, are fully persuaded, +that your Excellency's principles in governments are still of the +same with what they appear to be in the history; for, you there +say, that "the passing this law, plainly shows the wrong sense +they had of the relation they stood in to England." But we are +from hence convinced, that your Excellency, when you wrote the +history, was of our mind in this respect, that our ancestors, in +passing the law, discovered their opinion, that they were without +the jurisdiction of Parliament; for it was upon this principle +alone, they shewed the wrong sense they had in your Excellency's +opinion, of the relation they stood in to England. + +Your Excellency, in your second speech, condescends to point out +to us the acts and doings of the General Assembly, which relates +to acts of Parliament, which, you think, "demonstrates that they +have been acknowledged by the Assembly, or submitted to by the +people;" neither of which, in our opinion, shows that it was the +sense of the nation, and our predecessors, when they first took +possession of this plantation, or colony, by a grant and charter +from the Crown, that they were to remain subject to the supreme +authority of the English Parliament. + +Your Excellency seems chiefly to rely upon our ancestors, after +the revolution, "proclaiming King William and Queen Mary, in the +room of King James," and taking the oaths to them, "the alteration +of the form of oaths, from time to time," and finally, "the +establishment of the form, which every one of us has complied +with, as the charter, in express terms requires, and makes our +duty." We do not know that it has ever been a point in dispute, +whether the Kings of England were ipso facto Kings in, and over, +this colony, or province. The compact was made between King +Charles the I. his heirs and successors, and the Governor and +company, their heirs and successors. It is easy, upon this +principle, to account for the acknowledgment of, and submission to +King William and Queen Mary, as successors of Charles the I. in +the room of King James; besides, it is to be considered, that the +people in the colony, as well as in England, had suffered under +the tyrant James, by which, he had alike forfeited his right to +reign over both. There had been a revolution here, as well as in +England. The eyes of the people here, were upon William and Mary; +and the news of their being proclaimed in England, was, as your +Excellency's history tells us, "the most joyful news ever received +in New England."11 And, if they were not proclaimed here, "by +virtue of an act of the colony," it was, as we think may be +concluded from the tenor of your history, with the general or +universal consent of the people, as apparently, as if "such act +had passed." It is consent alone, that makes any human laws +binding; and as a learned author observes, a purely voluntary +submission to an act, because it is highly in our favor and for +our benefit, is in all equity and justice, to be deemed as not at +all proceeding from the right we include in the Legislators, that +they, thereby obtain an authority over us, and that ever +hereafter, we must obey them of duty. We would observe, that one +of the first acts of the General Assembly of this province, since +the present charter, was an act, requiring the taking the oaths +mentioned in an act of Parliament, to which you refer us. For what +purpose was this act of the Assembly passed, if it was the sense of +the Legislators that the act of Parliament was in force in the +province? And, at the same time, another act was made for the +establishment of other oaths necessary to be taken; both which acts +have the royal sanction, and are now in force. Your Excellency says, +that when the colony applied to King William for a second charter, +they knew the oath the King had taken, which was to govern them +according to the statutes in Parliament, and (which your Excellency +here omits,) the laws and customs of the same. By the laws and customs +of Parliament, the people of England freely debate and consent to +such statutes as are made by themselves, or their chosen +Representatives. This is a law, or custom, which all mankind may +justly challenge as their inherent right. According to this law, +the King has an undoubted right to govern us. Your Excellency, +upon recollection, surely will not infer from hence, that it was +the sense of our predecessors that there was to remain a supremacy +in the English Parliament, or a full power and authority to make +laws binding upon us, in all cases whatever, in that Parliament +where we cannot debate and deliberate upon the necessity or +expediency of any law, and, consequently, without our consent; +and, as it may probably happen, destructive of the first law of +society, the good of the whole. You tell us, that "after the +assumption of all the powers of government, by virtue of the new +charter, an act passed for the reviving, for a limited time, all +the local laws of the Massachusetts Bay and New Plymouth +respectively, not repugnant to the laws of England. And, at the +same session, an act passed establishing naval officers, that all +undue trading, contrary to an act of Parliament, may be +prevented." Among the acts that were then revived, we may +reasonably suppose, was that, whereby provision was made to give +force to this act of Parliament, in the province. The +establishment, therefore, of the naval officers, was to aid the +execution of an act of Parliament, for the observance of which, +within the colony, the Assembly had before made provision, after +free debates, with their own consent, and by their own act. + +The act of Parliament, passed in 1741,12 for putting an end to +several unwarrantable schemes, mentioned by your Excellency, was +designed for the general good; and, if the validity of it was not +disputed, it cannot be urged as a concession of the supreme +authority, to make laws binding on us in all cases whatever. But, +if the design of it was for the general benefit of the province, +it was, in one respect, at least greatly complained of, by the +persons more immediately affected by it; and to remedy the +inconvenience, the Legislative of this province, passed an act, +directly militating with it; which is the strongest evidence, that +although they may have submitted, sub silentio, to some acts of +Parliament, that they conceived might operate for their benefit, +they did not conceive themselves bound by any of its acts, which, +they judged, would operate to the injury even of individuals. + +Your Excellency has not thought proper, to attempt to confute the +reasoning of a learned writer on the laws of nature and nations, +quoted by us, on this occasion, to shew that the authority of the +Legislature does not extend so far as the fundamentals of the +constitution. We are unhappy in not having your remarks upon the +reasoning of that great man; and, until it is confuted, we shall +remain of the opinion, that the fundamentals of the constitution +being excepted from the commission of the Legislators, none of the +acts or doings of the General Assembly, however deliberate and +solemn, could avail to change them, if the people have not, in +very express terms, given them the power to do it; and, that much +less ought their acts and doings, however numerous, which barely +refer to acts of Parliament made expressly to relate to us, to be +taken as an acknowledgment, that we are subject to the supreme +authority of Parliament. + +We shall sum up our own sentiments in the words of that learned +writer, Mr. Hooker, in his Ecclesiastical Policy, as quoted by Mr. +Locke. "The lawful power of making laws to command whole political +societies of men, belonging so properly to the same entire +societies, that for any prince or potentate of what kind soever, +to exercise the same of himself, and not from express commission, +immediately and personally received from God, is no better than +mere tyranny. Laws, therefore, they are not, which public +approbation hath not made so; for human laws, of what kind soever, +are available by consent." "Since men, naturally, have no full and +perfect power to command whole politic multitudes of men, +therefore, utterly without our consent, we could in such sort, be +at no man's commandment living. And to be commanded, we do not +consent, when that society. whereof we be a party, hath at any +time before consented." We think your Excellency has not proved, +either that the colony is a part of the politic society of +England, or that it has ever consented that the Parliament of +England or Great Britain, should make laws binding upon us, in all +cases, whether made expressly to refer to us or not. + +We cannot help, before we conclude, expressing our great concern, +that your Excellency has thus repeatedly, in a manner, insisted +upon our free sentiments on matters of so delicate a nature and +weighty importance. The question appears to us, to be no other, +than, whether we are the subjects of absolute unlimited power, or +of a free government, formed on the principles of the English +constitution. If your Excellency's doctrine be true, the people of +this province hold their lands of the Crown and people of England; +and their lives, liberties, and properties, are at their disposal, +and that, even by compact and their own consent. They were subject +to the King as the head alterius populi of another people, in +whose Legislative they have no voice or interest. They are, +indeed, said to have a constitution and a Legislative of their +own; but your Excellency has explained it into a mere phantom; +limited, controled, superseded, and nullified, at the will of +another. Is this the constitution which so charmed our ancestors, +that, as your Excellency has informed us, they kept a day of +solemn thanksgiving to Almighty God when they received it? And +were they men of so little discernment, such children in +understanding, as to please themselves with the imagination, that +they were blessed with the same rights and liberties which natural +born subjects in England enjoyed, when, at the same time, they had +fully consented to be ruled and ordered by a Legislative, a +thousand leagues distant from them, which cannot be supposed to be +sufficiently acquainted with their circumstances, if concerned for +their interest, and in which, they cannot be in any sense +represented? + + +1 Hutchinson is the principal authority for the statement that +this document, as well as that of January 26, 1773, was prepared +by Adams. Cf., R. Frothingham, Life of Joseph Warren, p. 223. W. +V. Wells, Life of Samuel Adams, vol. ii., p. 45. An instance of +the later recognition of this claim is in Publications, Colonial +Society of Massachusetts, vol. vi., p. 170. And see also above, +pages 401, 430. +2 Massachusetts State Papers, p. 338. +3Ibid., pp. 368-381. February 16. +4 See above, page 430. +5 Rep. x. (16o8). Referred to as the leading case" on the subject +as recently as 1897. United States v. Wong Kim Ark, 169 United +States Reports, 649. +6 Jer. Dummer, A Defence of the New England Charters. London, +1721, p. 57 +7 Ibid., pp. 58, 59. +8 Ibid., p. 59. +9 Jer. Dummer, A Defence of the New England Charters. London, +1721, pp. 59, 60. The quotation is abridged. +10 T. Hutchinson, History of the Province of Massachusetts Bay, +vol. i., p. 319. +11 T. Hutchinson, History of the Province of Massachusetts Bay, +vol. i., p. 387. +12 14 Geo. II., chap. 37. + + + + + +End of The Project Gutenberg Etext of The Writings of Samuel Adams, V 2 + diff --git a/2092.zip b/2092.zip Binary files differnew file mode 100644 index 0000000..e0ec231 --- /dev/null +++ b/2092.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. 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