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.