The committee of merchants in London paid a due attention to the memorial sent them by the merchants and traders of Philadelphia, and took pains to obtain relief from the grievances therein complained of, though without effect. The department to which they applied, afforded little hopes of redress in a way that might put an end to the differences that had arisen between Great-Britain and her American colonies. The act imposing duties on glass, paper, &c. was acknowledged to be inexpedient; but it was added, “Such has been the unjustifiable conduct of some in America, that the present juncture is not a proper season for a repeal.” Administration was firmly resolved to oppose it with their utmost strength, while it should be insisted on by threats on the part of the colonists, for in that light they consider the steps which had been taken by them to obtain redress It was said, “If a proper disposition appears in the colonies, and their merchants, in a succeeding session, shall think proper to petition parliament on the principle of expediency only, there is every reason to believe that no part of administration will object to the repeal.” But the minister did not declare what was the proper disposition he expected. No sooner were the Philadelphians apprised, by the receipt of this information, that no hope remained of a repeal in that session, than they unanimously entered into the very agreement, which some months before, when proposed to them, they had declined; and it was their opinion, that as the agreement had been formed on mature deliberation, the people of the province would firmly adhere to it. Of this they gave notice to the committee of merchants in London, by letter of April 8, 1769. In that letter, remarking upon the information they had received, they wrote—“It would become persons in power to consider, whether even the unjustifiable behavior of those who think themselves aggrieved, will justify a perseverance in a matter confessed to be wrong. Certain it is, that the wisdom of government is better manifested, its honor and authority better maintained and supported, by correcting the errors it may have committed, than by persisting in them, and thereby risking the loss of the subjects affections. We are apprehensive that persons in power are greatly abused, and that the people of America have been grossly misrepresented, otherwise the steps which they have taken to obtain redress, could never be looked upon as threats. Threats they never intended; but as all the American colonies were equally affected, it was thought that their joint petitions would have more weight; and for this end the several assemblies communicated their sentiments to each other. This step, to the inexpressible surprise of all America, is represented as “a flagitious attempt, a measure of a most dangerous and factious tendency, &c. The dissolution of assemblies that followed, and the measures pursued to enforce the acts in America, awakened the fears, and exasperated the minds of the people to a very great degree. They therefore determined not only to defeat the intent of the acts, by refraining from the use of those articles on which duties were laid, but to put a stop to the importation of goods from Great-Britain. This is the only threat we know of; and if this is sufficient to engage the ministry to oppose a repeal of the acts, we apprehend the ministry must, by a change of measures, endeavour to regain the affections of the people before they can be induced to alter their determinations.”
“The Americans consider themselves as British subjects, entitled to all the rights and privileges of freemen. They think there can be no liberty without a security of property; and that there can be no property, if any can, without their consent, deprive them of the hard-earned fruits of their labour. They know that they have no choice in the election of the members of parliament; and from their situation never can have any. Every act of parliament therefore, that is made for raising a revenue in America, is in their opinion, depriving them of their property without their consent, and consequently is an invasion of their liberty.”
“If then the acts cannot be repealed while the ministry objects, and if to remove the objections the Americans must give up their sentiments, we must candidly confess we have little hopes of a repeal ever taking place; much less it is to be expected, that the merchants will presume to petition parliament on the principle of inexpediency only, when every assembly on the continent are applying for a repeal on the principle of right.”
“Happy had it been for both countries if the idea of raising taxes in America had never been started; however, if the acts complained of are repealed, and no other of the like nature are attempted hereafter the present unhappy jealousies will, we believe, quickly subside, and the people of both countries in a short time, return to their usual good humor, confidence and affection.”
If ministry thought that the resolves of the house of lords, the preceding December, would have put a stop to non-importation agreements and the spirited exertions of the colonists, they soon found themselves much mistaken. It can scarce be imagined, but that some of the Philadelphia gentlemen had received the account of such resolves; for the above letter was in answer to London ones of January 4th and 26th, and yet they proceeded as has been related.
The resolve censured the votes, resolutions and proceedings of the house of representatives of Massachusetts of January and February; as also the declarations, resolutions and proceedings in the town of Boston. They pronounced the election of deputies to sit in convention, and the meeting of such convention, daring insults offered to his majesty’s authority, and audacious usurpations of the powers of government. The lords then ordered an humble address to be presented to his majesty, in which they expressed their satisfaction in the measure his majesty had pursued; gave him the strongest assurances, that they would effuctually support him in such further ones as might be found necessary to maintain the civil magistrates, in a due execution of the laws, within the Massachusetts Bay; and beseeched him to direct the governor to take the most effectual methods for procuring the fullest information, touching all treasons committed within that government since the 30th of December, 1767, and to transmit the same, with the names of the persons most active in the commission of such offences; in order that his majesty might issue a special commission for hearing and determining the said offences, within the realm, pursuant to the statute of the 35th year of Henry VIII.
The resolutions and address were sent down to the house of commons for their concurrence. Colonel Barre opposed them; and directing himself to the ministry, said, “Away with these partial resentful trifles, calculated to irritate, not to quell or appease, inadequate to their purpose, unworthy of us! Why will you endeavor to deceive yourselves and us? You know that it is not this place only that disputes your right, but every part. They tell you, that you have no right from one end of the continent to the other. My sentiments of this matter you well know. Consider well what you are doing. Act openly and honestly. Tell them you will tax them, and that they must submit. Do not adopt this little, insidious, futile plan. They will despise you for it.” However on the ninth of February, they were agreed to and returned with some amendments; and the address was ordered to be presented to both houses. The Massachusetts, with becoming firmness, constantly asserted their rights, which drew down upon them ministerial vengeance. They had no general assembly when the resolves and address reached America, the last having been dissolved for refusing to comply with the mandate to rescind, and the time appointed by charter for calling another not being arrived. But the Virginia house of burgesses entered upon the subject. They met on the eighth of May, and on the sixteenth took into serious consideration the state of the colony, being alarmed at the distress in which all America was likely to be involved. They came to several necessary resolutions, copies of which they gave their speaker, with particular directions to transmit them without delay to the speakers of the several houses of assembly on the continent; whose concurrence in the like was requested.
The resolves express, “That the sole right of imposing taxes on the inhabitants of the colony, is now, and ever hath been legally and constitutionally vested in the house of burgesses, with consent of the council, and of the king, or his governor for the time being—That it is the privilege of the inhabitants to petition their sovereign for redress of grievances, and that it is lawful to procure the concurrence of his majesty’s other colonies in dutiful addresses, praying the royal interposition in favor of the violated rights of America—That all trials for treason, misprison of treason, or for any felony or crime whatsoever, committed by any person residing in said colony, ought to be in and before his majesty’s courts within said colony; and that the seizing any person residing in the colony, suspected of any crime whatsoever, committed therein and sending such person to places beyond the sea to be tried, is highly derogatory of the rights of British subjects, as thereby the inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of producing witnesses on such trial, will be taken away from the party accused.” These resolutions were followed by a humble address to his majesty, beseaching his royal interposition to quiet the minds of his royal subjects in the colony, and to avert those dangers and miseries which will ensue from seizing and carrying beyond sea the inhabitants of America, to be tried in any other manner than by the ancient and long established mode of proceeding.
[May 17.] The next day Lord Bottetourt sent for them, and said, “Mr. speaker, and gentlemen of the house of burgesses, I have heard of your resolves, and augur ill of their effects. You have made it my duty to dissolve you, and you are dissolved accordingly.” The gentlemen who composed the house, being, reduced by the dissolution to private persons, repaired immediately to another place, that so they might consider what measures were proper to be taken, and chose the late speaker Peyton Randolph, esq. moderator.
[18.] They entered into an association unanimously [which they subscribed and recommended to all merchants, gentlemen, traders and others] against importing any goods taxed, and many other articles; against wines, against importing and purchasing negroes, &c.
The next month the Maryland gentlemen and merchants entered into a non-importation agreement similar to the Virginian.
The South-Carolinians followed the example.
The inhabitants of Charlestown broke off all commerce with the Rhode Islanders and Georgians, whom they charged with having acted a most singularly infamous part, from the beginning of the present glorious struggle for the preservation of American rights. This had its effect, and Georgia came into the non-importation agreement September the nineteenth; Providence, October the tenth; but Rhode-Island not till the thirtieth.
[Oct.] The North-Carolina assembly came to the like resolution with the Virginia house of burgesses, for which governor Tryon dissolved them. Upon that, the gentlemen who had composed it, repaired to the court-house, chose the late speaker moderator, and came to a resolution for an association against importing, &c. comformable to what had been done elsewhere. Thus the non-importation agreement became general, and was forwarded by the very means applied for its prevention. Meetings of the associators were regularly held. Committees were appointed to examine the cargoes of all vessels arriving from Britain; and regular votes and resolutions of censure were passed in those meetings, upon such as refused to concur in the associations, and their names published in the newspapers as enemies to their country. The decrees of those committees met with a respect and obedience denied to the constitutional authority of government. In some cases goods imported from Britain were locked up in warehouses, under the care of the committees, and in a few instances returned. Portsmouth, the only sea-port in New-Hampshire, never came into the non-importation agreement. Governor Wentworth had address enough to prevent it, and keep all quiet. There are few private schools in that colony, and the bulk of the people are very illiterate. If a person can write a note of hand, read a chapter, and cypher to the rule of three, he passes for a man of learning. Men, whose capacities remain small for want of use and improvement, and who have little knowledge, are liable to be duped by those who possess superior rank and abilities. The associations were as general, and in common as well observed as could reasonably be expected, considering the disadvantages and losses they necessarily occasioned to many. But it is not to be thought, that there were no collusions; that all the goods belonging to the professing sons of liberty, which were stored, remained in the warehouses, without being conveyed out upon particular occasions, and to serve certain purposes; that all, who had given their names or honors not to import, did not privately order some of the prohibited articles to please themselve, families or neighbours; that when, some months afterward, the zeal of the daughters of liberty in several of the colonies, proscribed the drinking of tea, and rendered the disuse of it a universal fashion, all were so true to their engagements, as not to sip their green or bohea in secret, or under a new name; and that all who associated or agreed to the storing of their goods, did it voluntarily and without compulsion. The fear or appearance of a mob often produced a compliance in persons who would gladly have retained their goods till they could have turned the same into cash; and brought them to own, that they were willing that they should be stored, just as they would have been willing at sea to have thrown them overboard to escape personal shipwreck. The committees had the arts of persuasion; and in some places their most powerful arguments for reducing the obstinate were not known to be used by them.
The importer is sent for, and desired to come into the agreement; he declines; he must sell; his livelihood depends upon it. Arguments are used for his complying, and he is urged, soothed and entreated; but it avails nothing. He is determined at all hazards to dispose of his goods as purchasers offer. Some of the mobility, or their leaders, are told, that the importer cannot be prevailed upon. In a day or two he finds himself surrounded; in danger of an assault; is terrified; inquires the reason; and upon learning it, hurries to the committee; begs their interposition; complies with what was before desired of him; hopes that they will restore him to the good graces of his fellow townsmen or citizens, and thanks them for their promised assistance, not in the least suspecting the depth of their contrivance. Every committee however, had not this prudent forecast, whereby to accomplish their designs without exposing their own characters.
We have hitherto omitted recording the transactions of the Massachusetts assembly in the persent year, the Virginia house of burgesses demanding a prior attention, but now proceed to them.
[May 31.] The general court being called together according to charter, a committee from the house of representatives remonstrated to his excellency, “That an armament by sea and land investing this metropolis (Boston) and a military guard with cannon pointed to the door of the state house where the assembly is held, are inconsistent with that dignity and freedom with which they have a right to deliberate, consult, and determine. They expect that your excellency will, as his majesty’s representative, give effectual orders for the removal of the above mentioned forces by sea and land out of this port, and the gates of this city during the session of the said assembly.” The governor returned for answer, “gentlemen, I have no authority over his majesty’s ships in this port, or his troops within this town.”
[June 1.] He negatived eleven of the persons elected to form the council.
[13.] The house in a message to him declared—“The use of the military power to enforce the execution of the laws, is, in the opinion of this house, inconsistent with the spitit of a free constitution, and the very nature of government. This military force is uncontroulable by any authority in the province: it is then a power without any check here, and therefore it is so far absolute. What privilege! what security then is left to this house!”
It was not urged, whatever the case might admit; “The governor is the king’s locum tenens, and his office entire. The chief civil and military authority being by the British and our constitution inseparable, the king cannot serve them. An independent military tends to the utter overthrow of the civil power. The operations of the great seal, which is clavis regni, cannot be controlled by the privy seal, the king’s signet, sign manuel, or significations of his pleasure by his secretary; in other words, our charter cannot be infringed by any of these.”
The house firmly declined doing business surrounded with an armed force, so that the governor the next day adjourned the court to Cambridge.
[July 6.] His excellency sent a message to them, with the accounts of the expenditures already incurred by quartering his majesty’s troops, desiring funds to be provided for discharging the same, and required a provision for the further quartering the forces in Boston and Castle-Island, according to act of parliament.
[7.] The house of assembly, as though they meant by it to despise the parliamentary resolves, no less than maintain their own privileges, passed a number of resolves, and among them the following:
“That a general discontent on account of the revenue acts, an expectation of a sudden arrival of a military power to enfore said acts, an apprehension of the troops being quartered upon the inhabitants, the general court dissolved, the governor refusing to call a new one, and the people almost reduced to a state of despair, rendered it highly expedient and necessary for the people to convene by their committees; to associate, consult, and advise the best means to promote peace and good order; to present their united complaints to the throne, and jointly to pray for the royal interposition in favor of their violated rights. Nor can this procedure possibly be illegal, as they expressly disclaim all governmental acts:
“That the establishment of a standing army in this colony, in time of peace, is an invasion of natural rights:
“That a standing army is not known as a part of the British constitution:
“That sending an armed force into the colony, under pretence of assisting the civil authority, is highly dangerous to the people, unprecedented and unconstitutional.”
The last is the same with that of Virginia.
[12.] The governor called upon them to answer, whether they would or would not make provision for the troops.
[15.] The house, by message, after remarking upon the mutiny or billeting act, answered, “As we cannot consistently with our own honor or interest, much less with the duty we owe to our constituents, so we never shall make any provision of funds for the purposes in your several messages.” Upon that the governor prorogued them to the tenth of January, to meet at Boston.
South-Carolina assembly, no less than the Massachusetts, ventured to disobey the mutiny act, and adopted similar resolutions to those of Virginia. The Maryland lower house entered partly into similar ones, but the last was omitted, and the first more strongly expressed. The Delaware counties early followed the lead of Virginia, and adopted their last resolve verbatim; and toward the close of the year, the New-York assembly concurred in their resolves with Virginia.
The proposal of parliament for transporting persons from America in order to trial in Great-Britain, pursuant to the statute of Henry VIII. excited a general alarm through the continent. The procedure they recommended was not wholly without precedent. The case of Culpeper has been already related. Under queen Anne, in 1710, the ringleaders of an unnatural contention in Antigua, wherein the governor was murdered, were brought to Great-Britain, tried, and many of them convicted and executed upon this statute. Precedents, however, will never reconcile sensible men to practices which, though legal, are fraught with cruelty, and liable to the most horrid abuses. Beside, the statute was become obsolete.
The Virginia house of burgesses, in their address to his majesty, expressed themselves with propriety upon this subject—“When we consider, that by the established laws and constitution of this colony the most ample provision is made for apprehending and punishing all those who shall dare to engage in any treasonable practices against your majesty, or disturb the tranquility of government; we cannot, without horror, think of the unusual, and permit us, with all humility, to add unconstitutional and illegal mode recommended to your majesty, of seizing and carrying beyond the sea, the inhabitants of America suspected of any crime, and of trying such persons in any other manner than by the ancient and long established course of proceedings; for how truly deplorable must be the case of a wretched American, who having incurred the displeasure of any one in power, is dragged from his native home and his dearest domestic connections, thrown into a prison, not to wait his trial before a court, jury or judges, from a knowledge of whom he is encouraged to hope for a speedy justice, but to exchange his imprisonment in his own country for fetters among strangers. Conveyed to a distant land, where no friend, no relation will alleviate his distresses, or minister to his necessities, and where no witness can be found to testify his innocence; shunned by the reputable and honest, and consigned to the society and converse of the wretched and abandoned, he can only pray, that he may soon end his misery with his life.”
We have been reviewing the noble and animated proceedings of the Virgians and others in behalf of liberty; and cannot but regret that the existence of slavery and its effects among them, should administer the least occasion for any one’s writing concerning them. “The last resolves of the Virginia burgesses deserve a very hard name. It is indeed laughable, to see a few dissipated bashaws, tyrants over a parcel of wretched negro slaves, meet together and give themselves airs against Great-Britain upon the subject of liberty—this applies to all the southern colonies. The spirit of independence in New-England, is more consistent and characteristic of the people; but Virginia, and the Carolinas are but petit maitres in the business.”[100]
It is time to cross the Atlantic, and advert to what was doing in Britain. An attempt in the house of commons, to bring on a repeal of the obnoxious act before the session closed, proved ineffectual. It was objected from every quarter, that it was not a proper time. Lord North’s language upon the occasion was, “However prudence or policy may hereafter induce us to repeal the late paper and glass act, I hope we shall never think of it till we see America prostrate at our feet.” When the session was over, the ministry, with a view, it might be, of soothing the Americans into a better temper, managing their respective assemblies, and bringing them to retract their resolutions, and open the trade as before, gave out, that at the next session the American grievances should be redressed; and lord Hillsborough wrote a circular letter to every colony [May 13.] mentioning “their intention to propose, in the next session of parliament, taking off the duties upon glass, paper and colours, upon consideration of such duties having been laid contrary to the true principles of commerce; and assuring each, that his majesty’s ministers, “at no time entertained a design to propose to parliament to lay any further taxes on America, for the purpose of raising a revenue.” Lord Botetourt following the directions he had received, so to explain measures as might re-establish mutual confidence and affection between Great-Britain and her colonies, made the matter known to the Virginia house of burgesses in a speech, and then declared, “It is my firm opinion that the plan which I have stated to you will certainly take place, and that it will never be departed from. I shall exert every power with which I am or ever may be legally invested, in order to obtain and maintain, for the continent of America, that satisfaction which I have been authorised to promise this day, by the confidential servants of our gracious sovereign, who, to my certain, knowledge, rates his honor so high, that he would rather part with his crown, than preserve it by deceit.” The house, in their address to him, expressed their hope and confidence in a manner that implied fear and distrust; but willing to make the best improvement of what his lordship said, closed with—“We esteem your lordship’s information, not only as warranted, but even sanctified by the royal word.” The conduct of ministry contained the idea of a public renunciation of all further future taxation of America for a revenue; and the house appeared to view it in that light.
But the circular letter was far from satisfying the American sons of liberty in general. The evident exception of the duty on tea, and the professed design of repealing upon commercial principles, excited their apprehensions, and confirmed them in the opinion, that the ground of present grievances was not to be abandoned, but to be reserved for a future opportunity of making fresh essays for the imposition of internal taxes. The merchants and traders, therefore, of Boston, soon after the knowledge of it, called a meeting, and unanimously voted, that the taking off the duties on the articles of glass, paper, and colours, would by no means relieve the trade from the difficulties it was under. They then confirmed their former agreement, to send for no goods contrary thereto, unless the revenue acts were repealed.
Though the testimony of the Pennsylvania assembly against the resolves of parliament, and in favor of the Virginia resolves, the repeal of all the revenue acts, and a redress of all grievances, was wanting; yet the Philadelphia committee of merchants, whose character and influence in the present business weighed more than that of the assembly, failed not to express their minds fully to the committee in London, long after the circulatory letter was a matter of notoriety. They thus wrote [November 25.] “Though we are not favored with an answer to our letter of the eighth of April last, yet as the liberty of America is at stake, and the minds of the people here are much agitated, and as the continuation of the unhappy dispute between the parliament and the colonies must not only affect your and our interest, but the general interest and happiness of both countries, we think it our duty to apply to you again, and earnestly request you would use your best endeavors with those in the administration, to restore tranquility, and re-establish the colonies in the enjoyment of their ancient rights and privileges. We are very sensible that the prosperity of the colonies depends upon their union and connection with Great-Britain. In this sentiment all the Amecans concur, yet they cannot bring themselves to think, that for this reason they ought to be divested of liberty and property. Yet this must be the case, if the parliament can make laws to bind the colonies in all cases whatever—can levy taxes upon them without their consent, dispose of the revenues thus raised without their controul, multiply officers at pleasure, and assign them fees to be paid without, nay, contrary to and in direct violation of acts of assembly regularly passed by the colonies and approved by the crown—can enlarge the power of admiralty courts, divert the usual channels of justice, deprive the colonists of trials by a jury of their countrymen, in short, break down the barriers which their forefathers have erected against arbitrary power, and enforce their edicts by fleets and armies. To such a system of government the Americans cannot tamely submit; not from an impatience of subordination, a spirit of independence, or want of loyalty to their king; for in a quiet submission to just government, in zeal, affection, and attachment to their king, the people of the colonies dare to vie with any of the best of their fellows-subjects; but from an innate love of liberty and the British constitution.
“In our last we intimated our fears that the ministry were greatly abused, and the people of America grossly misrepresented, by some who did not wish well either to Great-Britain or the colonies. The letters of one of our American governors (Bernard) and the memorials of a board lately erected among us, not to mention other documents laid before the public, evince that our fears were but too well grounded. From these it is apparent, that every sly art has been used to incense the ministry against the colonies; every argument that malice could invent has been urged to induce them to overturn the ancient foundations of liberty. Nay, to compass their base ends, they have declared in express terms, and taken uncommon pains to make the ministry believe, that “there has been a long concerted and extensive plan of resistance to the authority of Great-Britain in all the provinces, and that a seizure made at Boston had hastened the people there to the commission of actual violence sooner than was intended.
“In justice to the province where we reside, and indeed to all America, we beg leave to assure you, that such representations are without any just foundation, and that nothing can be a greater deviation from truth. Though at the same time we confess, that the ends accomplished by these and such like infamous slanders and vile arts, have given a general alarm, and caused a universal uneasiness in the minds of the Americans. They now see a rod of power held over their heads; they begin to feel the severities of a court, that by its late enlarged jurisdiction is empowered to break in upon the proceedings of the common law courts; and they have anxious fears for the existence of their assemblies, which they consider as their last and only bulwark against arbitrary power. For if, say they, laws can be made, money levied, government supported, and justice administered, without the intervention of assemblies, of what use can they be? They are no essential member of the constitution. And being useless and unessential, is there not reason to fear they will quickly become disagreeable and then be wholly laid aside? And when that happens, what security have we for freedom, or what remains for the colonists, but the most abject slavery?
“These are not the reasonings of politicians, but the sentiments and language of the people in general. For with great truth we may say, in no country is the love of liberty more deeply rooted, or the knowledge of the rights inherent to freemen more generally diffused, and the principles of freedom and government better understood than among the British American colonies.
“For this reason we think ourselves obliged to inform you, that though the merchants have confined their agreements to the repeal of the act laying a duty on tea, paper, glass, &c. yet nothing less than a repeal of all the revenue acts, and putting things on the same footing they were before the late innovations, can or will satisfy the minds of the people. The fleets and armies may overawe our towns; admiralty courts and boards of commissioners, with their swarms of underlings, may by a rigorous execution of severe unconstitutional acts, ruin our commerce, and render America of little use to the people of Britain; but while every farmer is a freeholder, the spirit of liberty will prevail, and every attempt to divest them of the privileges of freemen, must be attended with consequences injurious to the colonies and the mother country.
“In a matter of so great importance you will excuse this freedom. We consider the merchants here and in England, as the links of the chain that binds both countries together. They are deeply concerned in preserving the union and connection.—Whatever tends to alienate the affections of the colonists, or to make them averse to the customs, fashions, and manufactures of Britain, hurts their interest. While some, therefore, from ambitious views and sinister motives, are laboring to widen the breach, we whose private interest is happily connected with the union, or which is the same, with the peace and prosperity of both countries, may be allowed to plead for an end to these unhappy disputes; and that by a repeal of the offensive acts, the cause of jealousy and uneasiness may be removed, tranquility restored, harmony and mutual affection re-established, and trade return to its usual channel.”
The names of the committee on the back of the draft from which the above has been copied, were, Alexander Huston, John Rhea, John Cox, John Gibson, Joseph Swift, James Mease, J. M. Nesbit, William West, Robert Morris, Charles Thomson, Daniel Benezet, William Fisher, George Roberts, Samuel Howell, and Thomas Mifflin.
The stationing of troops in Boston might afford greater personal security to the commissioners than what they could otherwise have enjoyed, and might induce them or their underlings to exceed the bounds of their commission, or of prudence, but could not prevent smuggling, or protect informers from insult and abuse. Even skippers, bound to different parts of the colony, had their vessels stopt and libelled, for having uncleared articles of trifling consequence on board. Persons who ventured to lodge informations, when discovered, were often subject to a treatment which gave them a ridiculous appearance, and laid them under a difficulty to clear themselves of the dress imposed upon them. They were stripped, well tarred, and then covered with feathers. The punishment took so with the lower class of people, that afterward it was not confined to informers, but was also applied by them to others who offended their dread majesty. There was a degree of intemperance and indiscreetness on the part of the commissioners and custom-house officers, which tended to irritate; whereas the utmost lenity and forbearance were requisite in order to general tranquility. Mr. Eliot, at New-York, where smuggling was as prevalent as at Boston, found it necessary to wink at many irregularities, that he might prevent disturbances and ill humor among the body of merchants. The commissioners expressed their dissatisfaction, and wanted him to alter his line of conduct: he stated the case to a friend at home, and by his influence was secured from such like directions in future. They transmitted to Britain such representations of Mr. Otis, jun. as provoked him to insert a publication in the Boston gazette, which brought on an affray at the coffee-house between him and Mr. Robinson, one of the commissioners, from the latter’s attempting to pull the other by the nose, because of some expressions in the said publication. Mr. Robinson being in danger of coming off with the worst, several of the company fell upon Mr. Otis; some of whom held him, while others struck him with canes or different weapons. A friend passing along, observed what was doing, pressed in and rescued Mr. Otis, though he himself suffered considerably from the assailants. The noise soon drew multitudes about the house, when Mr. Robinson and his associates prudently retreated by means of a backdoor.[101] This procedure of the revenue officers (for no military one was present) opened a large field of altercation and multiplied quarrels, which were before too frequent between the king’s officers and the leaders of opposition.
Governor Bernard could carry nothing in the govermental way through the presence of the troops, but was continually losing ground, and growing more and more obnoxious to the inhabitants; so that he was abused in scurrilous publications, for which the Boston gazette was notorious. They were craftily calculated for the meridian where they first appeared, and suited the too levelling disposition of the Bay-men; after the politicians had encouraged a spirit of licentiousness, in order to weaken the force of government, and counteract the designs carrying on against their liberties: but their want of decency offended many of the sons of liberty in the other colonies. Heavy threats were also thrown out against the governors personal safety. Of these however he was regardless; and being asked by a friend, how he could venture to walk about alone at his country seat, only five miles from the center of Boston, and whether he was not afraid, he answered, “No, they are not a blood-thirsty people.”
At length it was thought proper to recal him, as said, to lay before his majesty the true state of the province: this he signified to the assembly in the month of June. Before they were prorogued they embraced the occasion for drawing up a petition to his majesty in which, after complaints of him, they entreated that he might be for ever removed from the goverment of the province. When his letters, written home in confidence, came to be exposed to public view, it would have argued great weakness to have continued him, unless it was designed to adopt his plans, and support him by force at all adventures. Governor Bernard was too open, and had too little command of his temper; and suffered his resentment to get the better of what ought to have been his political judgment. Every governor should divest himself of resentment, especially in his public capacity, as his own happiness, and that of the governed require it.
Men of spirit may be drawn, when they will not be forced—Sir Francis, instead of aiming his censures at individuals, directed them against whole bodies. Thus he charged the council with servility to the populace, the pleasing of whom, he said, was the rule of their conduct, and also both houses of the general assembly expressly, in his speeches, with oppugnation against the royal authority, declaring that they had left gentlemen out of the council, only for their fidelity to the crown. Such charges strengthened the hands of those whom he most opposed, by touching the honor of the whole. Had they been true, they should have been suppressed or mentioned only in private; but though the substance of them even was true, when applied to individuals, it might be otherwise when applied to the body, the majority of whom might act upon different principles. Political leaders frequently throw out motives, by which to catch and conduct the well-intentioned, differing from those by which they themselves are actuated. Sir Francis did not possess those mollifying arts which the ferment of the times required; and was more ready to aggravate disorders than to apologize for them. It was common for him in his official letters, to stile the opposition the faction, even while he owned that it comprehended the majority of the assembly. A parental governor would have thrown in many hints to have lessened the displeasure of persons in power, on account of offences committed at three thousand miles distance, under an enthusiastic attachment to the cause of liberty, at a period when divers outrages were perpetrated at home, by mobs in various parts of the kingdom. He evinced too great an inclination to make the worst of every thing; and at times hearkened to and transmitted the strangest rumours. He was a principal instrument in bringing the troops to Boston. It was a favorite measure with him and the lieutenant governor long before it was executed. While he professed himself a friend to the province, he was endeavoring to undermine its constitution, and to obtain an essential alteration in the charter, through an appointment of the council by the king, instead of its continuing in the election of the general court, where the representatives of the people necessarily carried it, whenever they united.
Toward the end of June he had the fairest opportunity of getting the troops removed from the Massachusetts, but opposed the measure. General Gage desired general Mackay to consult with him concerning the necessity of continuing the troops at Boston, and to procure his opinion in writing, whether his majesty’s service required that troops should remain there any longer, and what number, whether one or two regiments. It is impossible to express his surprise at the proposition. The knowledge of it, so far as it reached, occasioned a consternation among the civil officers of government, its friends, and the importers of goods from Great-Britain. Gage, in a letter, requested his opinion, and assured him he should not publish it, or make it known on this side the Atlantic. He immediately answered, that he had no hesitation to declare his opinion that it would be detrimental to his majesty’s service to remove any of the two regiments remaining; and that it would be quite ruinous to the cause of the crown to draw all the troops out of Boston; but that he was inclined to think, that a regiment in town, and another at the castle, might be sufficient. He had time enough in which to have ripened a plan with the court for the removal of the troops, to the joy of the country, and with safety to the civil officers and supporters of government. But he too early for his own peace and the happiness of his government, deviates from the line of conduct marked out for him by lord Halifax immediately after his appointment, when it was recommended to him to see and converse with governor Pownal, of whom his lordship wrote in the same letter, “It is impossible to pursue a better plan of government than what he directed himself by.” However, his conduct was so agreeable to the ministry, that a title was secured him. He was created a baronet, March the twentieth, 1769; and his majesty took upon himself the whole expence of passing the patent, which added greatly to the honor done him, as it was a favor seldom or ever before granted. Sir Francis, during his eleven years residence in America, made very little advance in his estate. The Boston sons of liberty had great advantages against him, from the early intelligence procured by the supposed author of Junius Americanus, and forwarded for safety under an unsuspected coarse paper cover, to Mr. Thomas Bromfield, glover, at Boston. Sir Francis was astonished to find that the contents of his letters from ministry were known by them as soon as by himself. When he embarked from the castle on board the Rippon man of war, for Great-Britain, August the first, few lamented his departure. Even his friend, the lieutenant governor, Mr. Hutchinson, regretted not his recal; by it he gained an opening for succeeding to the chair, to which he had been long looking, and was in hopes of being advanced.
Boston and New-York entered into the non-importation agreement so early as August the preceding year; before the present was out they began to be embarrassed, and numbers grew weary of their engagement. Advantage was taken of these circumstances. The British officers, either of their own thought, or through hints from home, offered merchants the liberty of having their goods directed to them, as though intended for the army; and many were got in under that cover, especially at New-York. Several persons imported into Boston and sold freely, without its being particularly noticed, while a few only were called to an account and exposed in the newspapers. This occasioned an alarm; and the people assembled at Faneuil-hall [Jan. 23, 1770.] in consequence of a notification, upon the business of preventing the non-importation agreement’s being rendered abortive.
Mr. Theophilus Lillie, observing the gross partiality which prevailed in suffering some to sell, while a few others were proscribed; determined upon selling his goods also. To point him out as inimical to the agreement, and a person whose shop was to be shunned, a piece of pageantry was placed before the door. Mr. Richardson, attempting to remove it, was driven into his house by a number of boys, and there attacked by stones through the windows. Provoked, rather than endangered by the assault, he fired and killed Christopher Snider [Feb. 22.] a lad of eleven years old, who was recorded in the public prints as the first martyr to the noble cause of liberty. The boy was buried with the greatest respect imaginable, according to the custom of the country; and such was the number of people following the corpse, that the foot procession extended a full quarter of a mile. The event tended rather to promote than injure the non-importation agreement. Boys, small and great, and undoubtedly men, had been and were encouraged, and well paid by certain leaders, to insult and intimidate those who had avowedly counteracted the combination, and still persevered. The lieutenant governor in April, attempted prevailing upon a merchant of the first estate and character, to promote an association in opposition to the non-importation agreement, but to no purpose; and received for answer, “Until parliament makes provision for the punishment of the confederacies, all will be ineffectual, and the associates will be exposed to popular rage.” Another meeting was called to determine whether the goods already arrived and those expected, should be sent back to Britain. A gentleman having received a letter from a member of parliament, in which it was said, that shipping back £.10,000 of goods will do more than storing £.100,000 and the same being communicated, the scale, when upon a balance, was turned, and all the importers belonging to the town submitted to send their goods back; and in May many were re-shipped on board captain Scott. The leaders gave out that it was done voluntarily; and yet the major part of the merchants wished to see the trade free from restraint; but having in the height of their zeal, called in the populace as their servants, to intimidate those who refused to join in the combination, they were now forced to submit to them as their masters, under the influence of a few of the merchants, who still adhered to their first plan. Several of the last importers begged with tears, that they might be allowed to house their goods, but it was not granted. One who had been pretty sturdy, had a committee of tradesmen sent him, with an axe-man, a carpenter, at their head, who told him that there were a 1000 men waiting for his answer, and if he did not comply, there was no saying what would be the consequences. The strength of the argument prevailed; and a day or two after the paper published that he complied voluntarily. The Bostonians moreover resolved to break off all trade with the Newport people, because of their duplicity, and breaking through the non-importation agreement. The next month Hartford followed the example of Boston. But about the same time the New-Yorkers, by dexterous management, were brought to agree to import—“every thing except such articles as are, or may hereafter be, subject to duty for the purpose of raising a revenue in America.” Government gained a party in the committee of merchants, who took advantage of the charges brought against Boston of importing large quantities of goods; and Mr. Hancock was complained of for suffering them to be brought in his vessels. By these means they prepared the minds of the people for the execution of the plan they had concerted. They did not call a meeting of the citizens, in which the vote of the populace, procured by the arts of individuals, might prevail; but went through the several wards, and took the sense of the principal inhabitants separately, when it appeared that the majority were for importing. Upon the receipt of letters from Philadelphia and Boston, the sense of the inhabitants was again taken, and turned out as before. They were severely censured by the Philadelphians for their defection, and by others also. The letter of the committee to the merchants at Boston, informing them what agreement they had adopted, was contemptuously torn to pieces. When those Yorkers who were in the interest of government, began to concert their plan, they rested on assurances of what would be done in parliament, and knew not, for certain, that the duties on glass, paper and colours had been taken off; but the news of the obnoxious act being so far repealed, reached the continent before they had fully perfected the business, on the 10th of July.[102]
The New-Yorkers were in general faithful, while their non-importation agreement lasted; more so, it was thought, than the Bostonians. These suffered much in their reputation among the sons of liberty at New-York and Philadelphia, for the large quantities of goods found by some of the newspaper publications, to have been imported into Boston. Some of the inhabitants were desirous of rolling away much of the reproach, by pointing out that, a considerable part of the goods charged to the score of Boston, belonged to Salem, Marblehead, and other ports; but when the non-importation agreements were ended, it was omitted, and thus they continued to lie under greater disgrace than really belonged to them. While the New-York plan was carrying on, a trial was made by about a dozen persons, to frighten the gentlemen who were inclined to import, from so doing, but it failed, the populace had been secured.
[April 12.] The king gave his assent to the act for repealing the duties on glass, paper, and colours. The tea duty was professedly continued as a pepper corn rent, for the point of honor, and as a badge of sovereignty over the colonies. The ministry might also mean to use it in some future period, for deeper purposes than could be then fathomed. They intended in the beginning of the session to bring in a bill against American associations; but the violence of party was such, that it was thought the times would not admit of it. The strong opposition made to ministerial measures at home, was certainly helpful to the cause of the colonies, and encouraged them to go those lengths which they would otherwise have scarce ventured upon. This, however, was not to be charged to the anti-ministerialists, as an evil for which they were answerable. Let ministers attempt at any time to make unjustifiable inroads upon the liberties of British subjects, their opponents are bound in duty, as the guardians of the public, to use all warrantable efforts to disconcert them and the mischief which follows is to be placed to the account of those who render the opposition a necessary measure.
The news of a partial repeal did not satisfy the colonists. But they attempted in vain to keep up the non-importation agreement after the defection of New-York. The Boston merchants at length, in a meeting held at the coffee-house in October, unanimously voted to alter it, and adopt the same plan of importing with that of the New-Yorkers. It appeared to be the sense of the one and the other, and also of the Philadelphians, that no tea should be imported; and that if any was brought into the several ports, it should be smuggled to avoid paying the duty. The Virginia house of burgesses, in a petition to his majesty, expressed their exceeding great concern and deep affliction upon finding, that the several acts imposing duties for the purpose of raising a revenue in America, were continued; and said, “A partial suspension of duties, and these such only as were imposed upon British manufactures, cannot remove the too well grounded fears and apprehensions of your majesty’s subjects, whilst impositions are continued on the same articles of foreign fabric, and entirely retained upon tea, for the avowed purpose of establishing a precedent against us.” The present year was marked by a different scene of blood than what offered in February, which could not be introduced in the order of time, without breaking the thread of the preceding narration.
Outrages had been committed by the soldiers; and frequent quarrels had happened between them and the inhabitants of Boston, who viewed the military as come to dragoon them into obedience to statutes, instructions, and mandates that were thoroughly detested. Each day gave rise to new occurrences which augmented the animosity. Reciprocal insults soured the tempers, and mutual injuries embittered the passions of the opposite parties. Beside, some fiery spirits who resented the indignity of having soldiers quartered among them, were continually exciting the town’s people to quarrel with the troops. Not only so, but a pompous news-paper account of a victory obtained by the inhabitants of New-York over the soldiers there in an affray, undoubtedly excited the resentment of the military at Boston, and exultations among their opponents, and thus increased the ferment. Every thing tended to a crisis; and it is rather wonderful that it did not exist sooner, when so many circumstances united to hasten its approach. The lieutenant governor did not attend to those things properly, and was not sufficiently careful to prevent consequences, by strongly urging the officers to keep their men in the barracks as much as possible, and to maintain the strictest discipline. He was desirous of recommending himself both to them and the commissioners, and therefore was very cautious lest he should offend either.
At length a private of the twenty-ninth regiment, passing along in the morning [March 2.] near Mr. John Gray’s ropewalk, being provoked by insulting words, resented it, and being overpowered, went off; but soon returned with a dozen soldiers, between whom and the ropemakers an affray ensued, which terminated in the defeat of the former; who in the afternoon armed themselves with clubs, and were on their way to renew the action, but were stopped. On this many of the town’s people were so enraged, that they determined on fighting it out with the soldiers on the Monday. The Rev. Dr. Eliot was told of the determination on the Saturday; and was also informed that the bells were to be rung to assemble the inhabitants together; so that when on the Monday evening he heard them ring, he was not alarmed with an apprehension of its being on account of a fire’s breaking out in the town, which is generally the case.[103] It does not appear that any militia were called in before the firing upon the people, or that any regular plan was formed for compelling the troops to move from the town; it is absurd to think, on the other hand, that there was a settled plot for employing the soldiers to massacre the inhabitants. But from the characters, principles, and politics of certain persons among the leaders of the opposition, it may be feared, that they had no objection to a rencounter, that by occasioning the death of a few, might eventually clear the place of the two regiments. That some design was on foot, which might be attended with danger in the execution, may be gathered from lieutenant-colonel Marshall’s saying, when giving evidence for the crown—“The bells were ringing, and the people began to collect as they do at the cry of fire, and I began to think it was fire. I had a mind to go out, but I had a reluctance, because I had been warned not to go out that night;” meaning in which the men were shot.[104]
[Mar. 5.] Between seven and eight o’clock at night, unusual numbers are met coming from the south end of the town, with sticks in their hands, and serious consequences are apprehended from it. About the same time parties, amounting in the whole to near two hundred, several with great sticks or clubs, proceed from the north end, some of whom say, “let us go to the south end and join our friends there, and attack the damned scoundrels and drive them out of the town; they have no business here.”—More people than common, with large sticks, are observed running from all quarters toward King-street. The north end parties collect in and about Dock-square, and attack several soldiers belonging to Murray’s barracks about nine o’clock: upon an officer’s coming up, these are ordered to their barracks, and when got in, with much difficulty, are immediately confined. The mob follow the officer to the gate, and provoke the soldiers by the most abusive language, and dare them to come out. They are hardly rastrained by their officers from doing it. While these things are transacting, some are calling town born turn out, twenty or thirty times over; others cry fire, fire, in different places, the more effectually to draw people out of their houses, and to increase their numbers; and soon after the nine o’clock bell has ceased, the bells are set a ringing, which those who are not better informed, imagine to be the alarm of fire.
Upon the soldiers being restrained to the barracks, the mob are desired by one or more considerate persons to return home. A few comply, but the generality have something further to engage their attention. Numbers employ themselves in tearing up the stalls of the market-place in Dock-square, for the purpose they express while calling out, “Damn the dogs, where are they now? Let us go and kill that damned scoundrel of a sentry, and then attack the main-guard.” The body of the mob when they have finished their repeated attacks upon the barracks, are addressed in the street by a tall large man in a red cloak and white wig. After listening to what he has to offer, in the space of three or four minutes they huzza for the main-guard, and say, “We will do for the soldiers.” They separate into three divisions, and take different routs for King-street, one through the main-street. A party, who have collected at Oliver’s-dock, bend their course toward the same point. In the mean time, the sentry before the custom-house is assaulted while upon duty. A boy comes up, and pointing to him, says, “There is the son of a bitch that knocked me down.” About twenty young fellows, eighteen years old, call out, “kill him, kill him, knock him down.” Their behavior obliges him to load his gun. They pelt him with snow-balls, pieces of ice, and any thing that offers, and halloo, “fire and be damned.” They advanced upon him; oblige him to retreat; he mounts the steps, and knocks at the door for admission. Meeting with no relief in this way, more persons collecting in the street, and his danger increasing, he calls out to the main-guard, within hearing, for protection. Captain Preston, the officer of the day, being told that the ringing of the bells is the signal for the inhabitants assembling to attack the troops, repairs to the main-guard; and learning the situation of the sentry, sends off a corporal and six men to protect both him and the king’s chest in the custom-house. The soldiers march off with their pieces unloaded, and the captain follows to prevent disorder. Ere they have formed, that part of the mob which comes through the main-street, and appears to be headed by the mulatto Attucks, and to contain a number of sailers, upon coming to the town-house, exclaim—“Damn the rascals, this will never do; the readiest way to get rid of those people, is to attack the main-guard; strike at the root, this is the nest.” The soldiers are pelted while going to defend their comrade; and, when upon their station, are served as was the single sentry, have snow-balls, large pieces of ice, sticks and other things thrown at them, and are obliged to load for their own safety. The reproachful language with which they are abused exclusive of a plenty of oaths and execrations, is, “Come on you rascals, you lobster scoundrels, you bloody-backs, you cowards, you dastards for bringing arms against naked men; fire if you dare; fire and be damned, we know you dare not.” and much more to the same purpose. The reason for saying “you dare not fire,” is probably to be found in the doctrine latey advanced, “that soldiers, while on duty, may upon no occasion whatever fire upon their fellow-subjects, without the order of a civil magistrate.” The mob press in upon the soldiers, advance to the points of the bayonets, are desired to keep off, and are treated with cautious attention. This may be owing to apprehensions of danger to themselves in case of contrary conduct. The shouts, huzzas, threats, screams, and almost yells of the mob, with the ringing of the bells to increase the general confusion, may justly alarm them; but their precaution soon avails nothing. While they are pushing off the people, without once leaving their station or attempting to follow them, the mulatto, and about a dozen persons, several in sailors habits, come down to the spot, give three cheers, surround the soldiers, and strike their guns with clubs, crying out to the others, “Do not be afraid of them, they dare not fire; kill them, kill them; knock them over.” The mulatto aims a blow at captain Preston, strikes down one of the guns, seizes the bayonet with his left hand, and shows a hardy disposition answering to the threats which have been uttered. At this instant, there is a confused cry of “damn your bloods why don’t you fire,” and partly from persons behind the captain. Firing succeeds. Montgomery, whom the mulatto has assaulted, after recovering his legs, and relieving his gun by a sudden twitch, is the first that fires, and his assailant falls. After six or eight seconds, another fires, the other five follows in quick succession. It is agreed, that only seven out of the eight soldiers discharge their pieces, and that no one fires twice. Three persons are killed; five are very dangerously wounded, and a few slightly. Most are either passengers going through the street, or unassisting spectators. It is well that no more are killed, considering that there were from fifty to a hundred about the soldiers. They ran off at the firing, but soon assemble again to take away the dead and wounded.
The whole town is immediately in the greatest commotion. Their drums beat to arms, and there is a constant calling out, “to arms, to arms, turn out with your guns.” The townsmen assemble in the next street, to the amount of some thousands. The lieutenant-governor repairs to captain Preston, and upon coming up, asks him, “how came you to fire upon the people without the orders of a civil magistrate?” The captain begins to apologize for what had happened, by saying, “we were insulted;” and is about adding more, but recollecting the impropriety of the place, stops short, and asks Mr. Hutchinson to walk up into the guard room, where he means to finish what he has begun; but the lieutenant-governor goes to the council chamber. The captain’s words are observed by some gentlemen, who attend Mr. Hutchinson, and are considered as conceding to the implied charge of having given direction to fire, and are remembered to his disadvantage. Mr. Hutchinson cannot avoid exposing himself in the midst of the enraged inhabitants, upon whom he prevails to disperse till morning. It having been a clear moon-light night, persons have been enabled to distinguish what passed.
[March 6.] The next morning the people collected in vast bodies. The lieutenant-governor summons a council. Before any debate commences, lieutenant-colonel Dalrymple, and lieutenant-colonel Carr attend, being informed that they may if they will. The town meets in full assembly, and choose a committee, who, while the business is largely discussing in council, wait upon the lieutenant-governor and deliver him a message, declaring, “It is the unanimous opinion of the meeting, that nothing can rationally be expected to restore the peace of the town, and prevent blood and carnage, but the immediate removal of the troops.” Colonel Dalrymple signifies to Mr. Hutchinson, his readiness to place the 29th regiment, which has rendered itself in a special manner obnoxious, in the barracks at the castle.
In the afternoon the lieutenant-governor receives another message, acquainting him, that it is the opinion of the meeting, consisting of near three thousand people, that nothing but a total and immediate removal of the troops will satisfy. Mr. Samuel Adams, one of the committee, in his venerable grey locks, and with hands trembling under a nervous complaint, tells colonel Dalrymple, “If you can remove the 29th regiment, you can also remove the 14th; and it is at your peril if you do not;” and continues talking to him in such a resolute tone, and with such strong implications, as nearly to communicate the trembling to the colonel. Mr. Hutchinson wishes to get clear of the council, but finds it impossible; and therefore lays the matter before them. Several declare their apprehensions of more bloodshed, unless the troops are removed. Mr. Royal Tyler in his zeal for effecting it, say to him, “It is not such people as formerly pulled down your house who conduct the present measures. No; they are people of the best characters among us, men of estates, men of religion. They have formed their plan for removing the troops out of town, and it is impossible they should remain in it. The people will come in from the neighboring towns; there will be ten thousand men to effect the removal of the troops, who will probably be destroyed by the people, be it called a rebellion, or occasion the loss of our charter, or be the consequence what it may.” When Mr. Tyler said, they have formed their plan, it was not to be understood that the plan was formed prior, but subsequent to the bloodshed of the preceding evening. His representations might be aggravated: even when there is not a natural cast for the hyperbole, persons inflamed by passion, will imperceptibly have a recourse to the figure. Mr. Hutchinson tells the council, “Nothing shall ever induce me to order the troops out of town.” They, upon that, unanimously advise him to request colonel Dalrymple to order them to the castle. To the colonel he says, “I have nothing to do with it, it lies wholly with you.” While they are pressing him, the people are informed, that the colonel is ready to remove the rigiments, if the lieutenant governor will only join in desiring it. He inclines to stand out, and to leave it with the colonel and council to settle as they can agree about the business. He deliberates till near night, dreading lest any one measure he may adopt, shall lessen him in the opinion of the ministry and endanger his advancement. At length the secretary, Mr. Oliver, perceiving how artfully matters are managed, whispers him in the ear, “you must either comply or determine to leave the province.” This prevails; he complies with the advice of the council, and the general ferment begins to subside. The troops, however, are not removed so early as is expected by the town; they continue till the next Monday; and upon the colonel’s being asked the reason, he mentions that it lies at the door of the lieutenant governor, who shuffles with the colonel, in hope that some occurrence will exist, which may exempt him from being charged with occasioning the removal of the troops by the interposition of his advice.
Meanwhile captain Preston and his party are committed to jail. One of the wounded men dies. It is determined to bury the four persons[105] in one vault, and in a peculiarly respectful manner. [March 8.] The generality of the shops in town are shut. All the bells of Boston, Charlestown, and Roxbury, are ordered to toll in the most doleful tone. The corpses form a junction in King-street, where they fell when the soldiers fired. Hence they proceed in orderly succession through the main street, followed by an immense concourse of people, so numerous as to be obliged to go in ranks of six a-breast, and the whole closed by a long train of carriages belonging to the principal gentry of the town. Thus are they distinguished and honorably attended to the place of interment, with unparalleled pomp, not on account of personal merit, but to express the vehement indignation of the inhabitants against the slaughter of their brethren, by the British soldiery quartered among them, in violation, as they imagine, of their civil liberties.
[October 24.] Captain Preston’s trial begins. Messrs. John Adams and Josiah Quincy are his council. They are warm in the cause of liberty, and offend several of their own party by undertaking the defence of the prisoner; but faithfully employ their distinguished abilities in his behalf. The trial does not finish till the thirtieth. While carrying on, Mr. Quincy pushes the examination and cross-examination of the witnesses to such an extent, that Mr. Adams, in order to check it, is obliged to tell him, that if he will not desist, he shall decline having any thing further to do in the cause. The captain and his friends are alarmed, and consult about engaging another counsellor; but Mr. Adams has no intention of abandoning his client. He is sensible that there is sufficient evidence to obtain a favorable verdict from an impartial jury; and only feels for the honor of the town, which he apprehends will suffer yet more, if the witnesses are examined too closely and particularly, and by that mean more truth be drawn from them than what has an immediate connection with the soldiers firing, by or without the orders of the captain. When the trial is ending, judge Lynde, toward the close of his speech, says, “Happy am I to find, after such strict examination, the conduct of the prisoner appears in so fair a light; yet I feel myself deeply affected, that this affair turns out so much to the disgrace of every person concerned against him, and so much to the shame of the town in general.” The jury returned their verdict—Not guilty.
[Nov. 27.] On Tuesday commences the trial of William Wemms, James Hartegan, William M‘Cauley, Hugh White, Matthew Killroy, William Warren, John Carrol, and Hugh Montgomery, soldiers in the 29th regiment, for the murder of Crispus Attucks, Samuel Gray, Samuel Maverick, James Caldwell, and Patrick Carr, the last of whom did not die till ten days after he was wounded. The soldiers have the same counsel that was engaged for their captain. The trial is continued from day to day, Sunday excepted, till Wednesday, December the fifth. Attempts were made to prejudice the people against the prisoners, one especially in a certain weekly paper the day before the trial began. The publication included an insult on the supreme court, and expressed the greatest malignity of heart.—To counteract the baneful effects of all such proceedings, Mr. Quincy, in his address to the justices and jury, observes—“We must steel ourselves against passions, which contaminate the fountain of justice. Let it be borne deep upon our minds, that the prisoners are to be condemned by the evidence here in court produced against them, and by nothing else. Matters heard or seen abroad, are to have no weight; in general they undermine the pillars of justice and truth. As though a series of ex parte evidence was not enough, all the colours of the canvas have been touched in order to freshen the wounds, and by a transport of imagination we are made present at the scene of action. The prints exhibited in our houses have added wings to fancy, and in the fervor of our zeal, reason is in hazard of being lost. The pomp of funeral, the horrors of death, have been so delineated, as to give a spring to our ideas, and inspire a glow incompatible with sound, deliberate judgment. In this situation, every passion has alternately been predominant. They have each in turn subsided in degree, and they have sometimes given place to despondence, grief, and sorrow. How careful should we be, that we do not mistake the impressions of gloom and melancholy, for the dictates of reason and truth! How careful, lest borne away by a torrent of passion, we make shipwreck of conscience!
“Many things yet exist sufficient to keep alive the glow of indignation. I have aimed at securing you against the catching flame. I have endeavored to discharge my duty in this respect. What success will follow those endeavors, depends on you, gentlemen. If being told of your danger will not produce caution, nothing will. If you are determined in opinion, it is in vain to say more; but if you are zealous enquirers after the truth; if you are willing to hear with impartiality, to examine and judge for yourselves, enough has been said to apprize you of those avenues at which the enemies of truth and justice are most likely to enter, and most easily to beset you.”
When the evidence in favor of the prisoners is finished, Mr. Quincy resumes his address—“I stated to you, gentlemen, your duty in opening this cause. I pointed out the dangers to which you were exposed. How much need was there that you should suspend your judgment till the witnesses were all examined!—How different is the complexion of the case? Will not all this serve to show every honest man the little truth to be attained in partial hearings? This trial ought to have another effect; it should serve to convince us all of the impropriety, nay, injustice, of giving a latitude in conversation upon topics likely to come under a judicial decision; the criminality of this comduct is certainly inhanced, when such loose sallies and discourses are so prevalent as to be likely to touch the life of a citizen. In the present case, how great was the prepossession against us! and I appeal to you, gentlemen, as to what cause there now is to alter our sentiments.”
In the course of pleading, he is under a necessity of saying,—“And here, gentlemen, I must first tell you by what law the prisoners are not to be tried or condemned. And they most certainly are not to be tried by the Mosaic law: a law we take it, especially designed for the government of a peculiar nation, who being in a great measure under a theocratical from of government, its institutions cannot, with any propriety, be adduced for our regulation in these days. It is with pain, therefore, I have observed any eadeavor to mislead our judgment on this occasion, by drawing our attention to the precepts delivered in the days of Moses: and by disconnected passages of scripture, applied in a manner foreign to their original design or import, there seems to have been an attempt to touch some peculiar sentiments which we know are thought to be prevalent; and in this way we take it, an injury is like to be done, by giving the mind a bias it ought never to have received, because it is not warranted by our laws.”