Chapter IV: Preface (3)
The whigs were averse to restoring government, they even refused to revive a temporary riot act, which expired about this time. Government had as much vigour then as ever, excepting only in those cases which affected this dispute. The riot act expired in 1770, immediately after the massacre in King Street. It was not revived and never will be in this Colony, nor will any one ever be made in any other, while a standing army is illegally posted here, to butcher the people, whenever a governor, or a magistrate, who may be a tool, shall order it. "Perhaps the whigs thought that mobs were a necessary ingredient in their system of opposition." Whether they did or no, it is certain that mobs have been thought a necessary ingredient by the tories in their system of administration, mobs of the worst sort with red coats, fuzees and bayonets, and the lives and limbs of the whigs have been in greater danger from these, than ever the tories were from others.
"The scheme of the whigs flattered the people with the idea of independence; the tories' plan supposed a degree of subordination." This is artful enough, as usual not to say jesuitical. The word independence is one of those, which this writer uses, as he does treason and rebellion, to impose upon the undistinguishing on both sides of the Atlantic. But let us take him to pieces. What does he mean by independence? Does he mean independent of the crown of Great Britain, and an independent republic in America, or a confederation of independent republics? No doubt he intended the undistinguishing should understand him so. If he did; nothing can be more wicked, or a greater slander on the whigs; because he knows there is not a man in the province, among the whigs, nor ever was, who harbours a wish of that sort. Does he mean that the people were flattered with the idea of total independence on parliament? If he does, this is equally malicious and injurious; because he knows that the equity and necessity of parliament's regulating trade has always been acknowledged, our determination to consent and submit to such regulations constantly expressed, and all the acts of trade in fact, to this very day, much more submitted to and strictly executed in this province, than any other in America.
There is equal ambiguity in the words "degree of subordination." The whigs acknowledge a subordination to the king, in as strict and strong a sense as the tories. The whigs acknowledge a voluntary subordination to parliament, as far as the regulation of trade. What degree of subordination then do the tories acknowledge? An absolute dependance upon parliament as their supreme legislative, in all cases whatever, in their internal polity as well as taxation? This would be too gross and would lose him all his readers; for there is nobody here who will expose his understanding so much, as explicitly to adopt such a sentiment. Yet it is such an absolute dependance and submission, that these writers would persuade us to, or else there is no need of changing our sentiments and conduct. Why will not these gentlemen speak out, shew us plainly their opinion that the new government, they have fabricated for this province, is better than the old, and that all the other measures, we complain of, are for our and the public good, and exhort us directly to submit to them? The reason is, because they know they should lose their readers.
"The whigs were sensible that there was no oppression that could be seen or felt." The tories have so often said and wrote this to one another, that I sometimes suspect they believe it to be true. But it is quite otherwise. The castle of the province was taken out of their hand and garrisoned by regular soldiers: this they could see, and they thought it indicated an hostile intention and disposition towards them. They continually paid their money to collectors of duties: this they could both see and feel. An host of placemen, whose whole business it was to collect a revenue, were continually rolling before them in their chariots. These they saw. Their governor was no longer paid by themselves, according to their charter, but out of the new revenue, in order to render their assemblies useless and indeed contemptible. The judges' salaries were threatened every day to be paid in the same unconstitutional manner. The dullest eye-sight could not but see to what all this tended, viz.; to prepare the way for greater innovations and oppressions. They knew a minister would never spend his money in this way, if he had not some end to answer by it. Another thing they both saw and felt. Every man, of every character, who by voting, writing, speaking, or otherwise, had favoured the stamp act, the tea act, and every other measure of a minister or governor, who they knew was aiming at the destruction of their form of government, and introducing parliamentary taxation, was uniformly, in some department or other, promoted to some place of honour or profit for ten years together: and, on the other hand, every man who favoured the people in their opposition to those innovations, was depressed, degraded and persecuted, as far as it was in the power of the government to do it.
This they considered as a systematical means of encouraging every man of abilities to espouse the cause of parliamentary taxation, and the plan of destroying their charter privilege, and to discourage all from exerting themselves, in opposition to them. This they thought a plan to enslave them, for they uniformly think that the destruction of their charter, making the council and judges wholly dependant on the crown, and the people subject to the unlimited power of parliament, as their supreme legislative, is slavery. They were certainly rightly told, then, that the ministry and their governors together had formed a design to enslave them; and that when once this was done, they had the highest reason to expect window taxes, hearth taxes, land taxes and all others: and that these were only paving the way for reducing the country to lordships. Were the people mistaken in these suspicions? Is it not now certain that governor Bernard in 1764, had formed a design of this sort? Read his principles of polity--And that lieutenant governor Oliver as late as 1768 or 9, inforced the same plan? Read his letters.
Now if Massachusettensis will be ingenuous, avow this design, shew the people its utility, and that it ought to be done by parliament, he will act the part of an honest man. But to insinuate that there was no such plan, when he knows there was, is acting the part of one of the junto.
It is true that the people of this country in general, and of this province in special, have an hereditary apprehension of and aversion to lordships, temporal and spiritual. Their ancestors fled to this wilderness to avoid them--they suffered sufficiently under them in England. And there are few of the present generation, who have not been warned of the danger of them by their fathers or grandfathers, and injoined to oppose them. And neither Bernard nor Oliver ever dared to avow, before them, the designs which they had certainly formed to introduce them. Nor does Massachusettensis dare to avow his opinion in their favour. I do not mean that such avowal would expose their persons to danger, but their characters and writings to universal contempt.
When you were told that the people of England were depraved, the parliament venal, and the ministry corrupt, were you not told most melancholy truths? Will Massachusettensis deny any of them? Does not every man, who comes from England, whig or tory, tell you the same thing? Do they make any secret of it, or use any delicacy about it? Do they not most of them avow that corruption is so established there, as to be incurable, and a necessary instrument of government? Is not the British constitution arrived nearly to that point, where the Roman republic was, when Jugurtha left it, and pronounced it a venal city ripe for destruction, if it can only find a purchaser? If Massachusettensis can prove that it is not, he will remove from my mind, one of the heaviest loads which lies upon it.
Who has censured the tories for remissness, I know not. Whoever it was, he did them great injustice. Every one that I know of that character has been through the whole tempestuous period, as indefatigable as human nature will admit, going about seeking whom he might devour, making use of art, flattery, terror, temptation and allurements in every shape, in which human wit could dress it up, in public and private. But all to no purpose. The people have grown more and more weary of them every day, until now the land mourns under them.
Massachusettensis is then seized with a violent fit of anger at the clergy. It is curious to observe the conduct of the tories towards this sacred body. If a clergyman preaches against the principles of the revolution, and tells the people that upon pain of damnation, they must submit to an established government, of whatever character the tories cry him up, as an excellent man, and a wonderful preacher, invite him to their tables, procure him missions from the society, and chaplainships to the navy, and flatter him with the hopes of lawn sleeves. But if a clergyman preaches christianity, and tells the magistrates that they were not distinguished from their brethren, for their private emolument, but for the good of the people; that the people are bound in conscience to obey a good government, but are not bound to submit to one, that aims at destroying all the ends of government--Oh Sedition! Treason!
The clergy in all ages and countries, and in this in particular, are disposed enough to be on the side of government, as long as it is tolerable. If they have not been generally, in the late administrations, on that side, it is a demonstration that the late administration has been universally odious.
The clergy of this province are a virtuous, sensible and learned set of men; and they do not take their sermons from newspapers, but the bible; unless it be a few, who preach passive obedience. These are not generally curious enough to read Hobbs.
It is the duty of the clergy to accommodate their discourses to the times, to preach against such sins, as are most prevalent, and recommend such virtues, as are most wanted. For example; if exorbitant ambition, and venality are predominant, ought they not to warn their hearers against their [Errata: these] vices? If public spirit is much wanted, should they not inculcate this great virtue? If the rights and duties of christian magistrates and subjects are disputed, should they not explain them, shew their nature, ends, limitations and restrictions, how much soever it may move the gall of Massachusettensis?
Let me put a supposition:--Justice is a great christian, as well as moral duty and virtue, which the clergy ought to inculcate and explain. Suppose a great man of a parish should for seven years together receive 600 sterling a year, for discharging the duties of an important office; but during the whole time, should never do one act or take one step about it. Would not this be great injustice to the public? And ought not the parson of that parish to cry aloud and spare not, and shew such a bold transgressor his sin? shew that justice was due to the public as well as to an individual? and that cheating the public of four thousand two hundred pounds sterling, is at least as great a sin, as taking a chicken from a private hen roost, or perhaps a watch from a fob?
Then we are told that newspapers and preachers have excited outrages disgraceful to humanity. Upon this subject I will venture to say, that there have been outrages in this province, which I neither justify, excuse or extenuate; but these were not excited, that I know of, by newspapers or sermons: that however, if we run through the last ten years, and consider all the tumults and outrages that have happened, and at the same time recollect the insults, provocations and oppressions which this people have endured; we shall find the two characteristics of this people, religion and humanity, strongly marked on all their proceedings. Not a life, nor, that I have ever heard, a single limb has been lost through the whole. I will take upon me to say, there is not another province on this continent, nor in his majesty's dominions, where the people, under the same indignities, would not have gone greater lengths. Consider the tumults in the three kingdoms, consider the tumults in ancient Rome, in the most virtuous of her periods, and compare them with ours. It is a saying of Machiavel, which no wise man ever contradicted, which has been literally verified in this province; that "while the mass of the people is not corrupted, tumults do no hurt." By which he means, that they leave no lasting ill effects behind.
But let us consider the outrages committed by the tories. Half a dozen men shot dead in an instant, in King Street, frequent resistance and affronts to civil officers and magistrates, officers, watchmen, citizens, cut and mangle in a most inhuman manner. Not to mention the shootings for desertion, and the frequent cruel whippings for other faults, cutting and mangling men's bodies before the eyes of citizens; spectacles which ought never to be introduced into populous places. The worst sort of tumults and outrages, ever committed in this province, were excited by the tories. But more of this hereafter.
We are then told that the whigs erected a provincial democracy, or republic, in the province. I wish Massachusettensis knew what a democracy, or republic is. But this subject must be considered another time.
NOVANGLUS.
Messieurs Printers. Instead of _Cawings_ of Cormorants, in
a former paper, you have printed _Cooings_, too dove-like a
word for the birds intended.
ADDRESSED
_To the Inhabitants of the Colony of Massachusetts Bay_,
February 20, 1775.
MY FRIENDS,
We are at length arrived at the paper, on which I made a few strictures, some weeks ago: these I shall not repeat, but proceed to consider the other part of it.
We are told, "It is an universal truth, that he that would excite a rebellion, is at heart, as great a tyrant, as ever wielded the iron rod of oppression." Be it so. We are not exciting a rebellion. Opposition, nay open, avowed resistance by arms, against usurpation and lawless violence, is not rebellion by the law of God, or the land. Resistance to lawful authority makes rebellion. Hampden, Russell, Sydney, Somers, Holt, Tillotson, Burnet, Hoadly, &c. were no tyrants nor rebels, although some of them were in arms, and the others undoubtedly excited resistance, against the tories. Do not beg the question, Mr. Massachusettensis, and then give yourself airs of triumph. Remember the frank Veteran acknowledges, that "the word rebel is a convertible term."
This writer next attempts to trace the spirit of opposition through the general court, and the courts of common law. "It was the policy of the whigs, to have their questions, upon high matters, determined by yea and nay votes, which were published in the gazettes." And ought not great questions to be so determined? In many other assemblies, New York particularly, they always are. What better can be devised to discover the true sense of the people? It is extremely provoking to courtiers, that they cannot vote, as the cabinet direct them, against their consciences, the known sense of their constituents, and the obvious good of the community, without being detected. Generally, perhaps universally, no unpopular measure in a free government, particularly the English, ought ever to pass. Why have the people a share in the legislature, but to prevent such measures from passing, I mean such as are disapproved by the people at large? But did not these yea and nay votes expose the whigs, as well as tories, to the impartial judgment of the public? If the votes of the former were given for measures injurious to the community, had not the latter an equal opportunity of improving them to the disadvantage of their adversaries in the next election? Besides, were not those few persons in the house, who generally voted for unpopular measures, near the governor, in possession of his confidence? Had they not the absolute disposal in their towns and counties of the favour of government? Were not all the judges, justices, sheriffs, coroners and military officers in their towns, made upon their recommendation? Did not this give them a prodigious weight and influence? Had the whigs any such advantage? And does not the influence of these yea and nay votes, consequently prove to a demonstration, the unanimity of the people, against the measures of the court?
As to what is said of "severe strictures, illiberal invectives, abuse and scurrility, upon the dissentients," there was quite as much of all these published against the leading whigs. In truth, the strictures, &c. against the tories were generally nothing more, than hints at the particular place or office, which was known to be the temptation to vote against the country. That "the dissentient was in danger of losing his bread and involving his family in ruin," is equally injurious. Not an instance can be produced of a member losing his bread, or injuring his business, by voting for unpopular measures. On the contrary such voters never failed to obtain some lucrative employment, title, or honorary office, as a reward from the court.
If "one set of members in committee had always prepared the resolves," &c. which they did not; what would this prove, but that this set was thought by the house the fittest for the purpose? Can it ever be otherwise? Will any popular assembly choose its worst members for the best services? Will an assembly of patriots choose courtiers to prepare votes against the court? No resolves against the claims of parliament or administration, or the measures of the governor, (excepting those against the stamp act, and perhaps the answers to governor Hutchinson's speeches upon the supremacy of parliament) ever passed through the house, without meeting an obstacle. The governor had to the last hour of the house's existence, always some seekers and expectants in the house, who never failed to oppose, and offer the best arguments they could; and were always patiently heard: that the lips of the dissentients were sealed up; that they sat in silence, and beheld with regret, measures they dared not oppose, are groundless suggestions and gross reflections upon the honour and courage of those members. The debates of this house were public, and every man, who has attended the gallery, knows there never was more freedom of debate in any assembly.
Massachusettensis, in the next place, conducts us to the agent, and tell us "there can not be a provincial agent without an appointment by the three branches of the assembly. The whigs soon found that they could not have such services rendered them, from a provincial agent as would answer their purposes."
The treatment this province has received, respecting the agency, since Mr. Hutchinson's administration commenced, is a flagrant example of injustice. There is no law, which requires the province to maintain any agent in England; much less is there any reason, which necessarily requires, that the three branches should join in the appointment. In ordinary times, indeed, when a harmony prevails among the branches, it is well enough to have an agent constituted by all. But in times when the foundations of the constitution are disputed, and certainly attacked by one branch or the other, to pretend that the house ought to join the governor in the choice, is a palpable absurdity. It is equivalent to saying that the people shall have no agent at all; that all communication shall be cut off; and that there shall be no channel, through which complaints and petitions may be conveyed to the royal ear; because a governor will not concur in an agent whose sentiments are not like his; nor will an agent of the governor's appointment be likely to urge accusations against them, with any diligence or zeal, if the people have occasion to complain against him.
Every private citizen, much more, every representative body, has an undoubted right to petition the king, to convey such petition by an agent, and to pay him for his service. Mr. Bernard, to do him justice, had so much regard to these principles, as to consent to the payment of the people's agents, while he staid. But Mr. Hutchinson was scarcely seated in the chair, as lieutenant governor, before we had intelligence from England, that my lord Hillsborough told Dr. Franklin, he had received a letter from governor Hutchinson against consenting to the salary of the agent. Such an instruction was accordingly soon sent, and no agent for the board or house, has received a farthing for services, since that time, though Dr. Franklin and Mr. Bollan have taken much pains, and one of them expended considerable sums of money. There is a meanness in this play that would disgrace a gambler; a manifest fear that the truth should be known to the sovereign or the people. Many persons have thought that the province ought to have dismissed all agents from that time, as useless and nugatory; this behaviour amounting to a declaration, that we had no chance or hopes of justice from a minister.
But this province, at least as meritorious as any, has been long accustomed to indignities and injustice, and to bear both with unparalleled patience. Others, have pursued the same method before and since; but we have never heard that their agents are unpaid. They would scarcely have borne it with so much resignation.
It is great assurance to blame the house for this, which was both their right and duty; but a stain in the character of his patron, which will not be soon worn out. Indeed this passage seems to have been brought in, chiefly for the sake of a stroke or two, addressed to the lowest and meanest of the people; I mean the insinuation that the two agents doubled the _expence_, which is as groundless as it is contracted; and that the ostensible agent for the province was only agent for a few individuals, that had got the art of wielding the house; and that several hundred sterling a year, for attending levees and writing letters, were worth preserving. We, my friends, know that no members have the art of wielding us or our house, but by concurring in our principles, and assisting us in our designs. Numbers in both houses have turned about and expected to wield us round with them; but they have been disappointed, and ever will be. Such apostates have never yet failed of our utter contempt, whatever titles, places or pensions they might obtain.
The agent has never echoed back, or transmitted to America, any sentiments, which he did not give in substance to governor Shirley, twenty years ago; and therefore this insinuation is but another slander. The remainder of what is said of the agency is levelled at Dr. Franklin, and is but a dull appendix to Wedderburn's ribaldry, having all his malice without any of his wit or spirit. Nero murdered Seneca, that he might pull up virtue by the roots; and the same maxim governs the scribblers and speechifiers, on the side of the minister. It is sufficient to discover that any man has abilities and integrity, a love of virtue and liberty; he must be run down at all events. Witness Pitt and Franklin and too many others.
My design in pursuing this malicious slanderer, concealed as he is, under so soft and oily an appearance, through all the doublings of his tedious course, is to vindicate this Colony from his base aspersions; that strangers now among us and the impartial public may see the wicked arts, which are still employed against us. After the vilest abuse upon the agent of the province and the house, that appointed him, we are brought to his majesty's council, and are told that the "whigs reminded them of their mortality--If any one opposed the violent measures, he lost his election next May. Half the whole number, mostly men of the first families, note, abilities, attached to their native country, wealthy and independent, were tumbled from their seats in disgrace. Thus the board lost its weight, and the political balance was destroyed."
It is impossible for any man acquainted with this subject to read this zealous rant, without smiling, until he attends to the wickedness of it, which will provoke his utmost indignation. Let us however consider it soberly.
From the date of our charter, to the time of the stamp act, and indeed since that time (notwithstanding the misrepresentations of our charter constitution, as too popular and republican) the council of this province have been generally on the side of the governor and the prerogative. For the truth of this, I appeal to our whole history and experience. The art and power of governors, and especially the negative, have been a stronger motive on the one hand, than the annual election of the two houses on the other. In disputes between the governor and the house, the council have generally adhered to the former, and in many cases have complied with his humour, when scarcely any council by mandamus, upon this continent, would have done it.
But in the time of the stamp act, it was found productive of many mischiefs and dangers, to have officers of the crown, who were dependant on the ministry, and judges of the superior court, whose offices were thought incompatible with a voice in the legislature, members of council.
In May 1765, Lt. Gov. Hutchinson, Sec. Oliver, and Mr. Belcher were officers of the crown, the judges of the superior court, and some other gentlemen, who held commissions under the governor, were members of council. Mr. Hutchinson was chief justice and a judge of probate for the first county, as well as lieutenant governor, and a counsellor; too many offices for the greatest and best man in the world to hold, too much business for any man to do; besides, that these offices were frequently clashing and interfering with each other. Two other justices of the superior court were counsellors, and nearly and closely connected with him by family alliances. One other justice was judge of admiralty during pleasure. Such a jumble of offices never got together before in any English government. It was found in short, that the famous triumvirate, Bernard, Hutchinson and Oliver, the ever memorable, secret, confidential letter writers, whom I call the junto, had by degrees, and before the people were aware of it, erected a tyranny in the province. Bernard had all the executive, and a negative on the legislative; Hutchinson and Oliver, by their popular arts and secret intrigues, had elevated to the board, such a collection of crown officers, and their own relations, as to have too much influence there; and they had three of a family on the superior bench, which is the supreme tribunal in all causes civil and criminal, vested with all the powers of the king's bench, common pleas and exchequer, which gave them power over every act of this court. This junto therefore had the legislative and executive in their controul, and more natural influence over the judicial, than is ever to be trusted to any set of men in the world. The public accordingly found all these springs and wheels in the constitution set in motion to promote submission to the stamp act, and to discountenance resistance to it; and they thought they had a violent presumption, that they would forever be employed to encourage a compliance with all ministerial measures and parliamentary claims, of whatever character they might be.
The designs of the junto, however, were concealed as carefully as possible. Most persons were jealous; few were certain. When the assembly met in May, 1766, after the stamp act was repealed, the whigs flattered themselves with hopes of peace and liberty for the future. Mr. Otis, whose abilities and integrity, whose great exertions, and most exemplary sacrifices of his private interest to the public service, had entitled him to all the promotion, which the people could bestow, was chosen speaker of the house. Bernard negatived the choice. It can scarcely be conceived by a stranger, what an alarm this manoeuvre gave to the public. It was thought equivalent to a declaration, that although the people had been so successful as to obtain a repeal of the stamp act, yet they must not hope to be quiet long, for parliament, by the declaratory act, had asserted its supreme authority, and new taxations and regulations should be made, if the junto could obtain them: and every man who should dare to oppose such projects, let his powers, or virtues, his family or fortune be what they would, should be surely cut off from all hopes of advancement. The electors thought it high time to be upon their guard. All the foregoing reasons and motives prevailed with the electors; and the crown officers and justices of the supreme court, were left out of council in the new choice. Those who were elected in their places were all negatived by Bernard, which was considered as a fresh proof, that the junto still persevered in their designs of obtaining a revenue, to divide among themselves.
The gentlemen elected anew, were of equal fortune and integrity, at least, and not much inferior in abilities to those left out, and indeed, in point of fortune, family, note or abilities, the councils which have been chosen from that time to this, taken on an average, have been very little inferior, if any, to those chosen before. Let Massachusettensis descend if he will, to every particular gentleman by name through the whole period, and I will make out my assertion.
Every impartial person will not only think these reasons a full vindication of the conduct of the two houses, but that it was their indispensable duty to their country, to act the part they did; and the course of time, which has developed the dark intrigues of the junto, before and since, has confirmed the rectitude and necessity of the measure. Had Bernard's principles of polity been published and known at that time, no member of the house, who should have voted for any of the persons then left out, if it was known to his constituents, would ever have obtained another election.
By the next step we rise to the chair. "With the board, the chair fell likewise," he says. But what a slander is this? Neither fell; both remained in as much vigour as ever. The junto it is true, and some other gentlemen who were not in their secret, but however had been misled to concur in their measures, were left out of council. But the board had as much authority as ever. The board of 1766 could not have influenced the people to acknowledge the supreme uncontroulable authority of parliament, nor could that of 1765, have done it. So that by the chair, and the boards falling, he means no more, if his meaning has any truth in it, than that the junto fell; the designs of taxing the Colonies fell, and the schemes for destroying all the charters on the continent and for erecting lordships fell. These, it must be acknowleged, fell very low indeed, in the esteem of the people, and the two houses.
"The governor," says our wily writer, "could do little or nothing without the council, by the charter." "If he called upon a military officer to raise the militia, he was answered they were there already," &c. The council, by the charter, had nothing to do with the militia. The governor alone had all authority over them. The council therefore are not to blame for their conduct. If the militia refused obedience to the captain general, or his subordinate officer, when commanded to assist in carrying into execution the stamp act, or in dispersing those who were opposing it, does not this prove the universal sense and resolution of the people not to submit to it? Did not a regular army do more to James the second? If those, over whom the governor had the most absolute authority and decisive influence, refused obedience, does not this show how deeply rooted in all men's minds was the abhorrence of that unconstitutional power which was usurping over them? "If he called upon the council for their assistance, they must first inquire into the cause." An unpardonable crime, no doubt! But is it the duty of a middle branch of legislature, to do as the first shall command them, implicitly, or to judge for themselves? Is it the duty of a privy council, to understand the subject before they give advice, or only to lend their names to any edict, in order to make it less unpopular? It would be a shame to answer such observations as these, if it was not for their wickedness. Our council, all along however did as much as any council could have done. Was the mandamus council at New York able to do more, to influence the people to a submission to the stamp act? Was the chair, the board, the septennial house, with the assistance of general Gage and his troops, able to do more, in that city, than our branches did in this province? Not one iota. Nor could Bernard, his council, and house, if they had been unanimous, have induced submission. The people would have spurned them all, for they are not to be wheedled out of their liberties by their own representatives, anymore than by strangers. "If he wrote to government at home to strengthen his hands, some officious person procured and sent back his letters." At last it seems to be acknowledged, that the governor did write for a military force, to strengthen government. For what? to enable it to enforce stamp acts, tea acts, and other internal regulations, the authority of which the people were determined never to acknowledge.
But what a pity it was, that these worthy gentlemen could not be allowed, from the dearest affection to their native country, to which they had every possible attachment, to go on in profound confidential secrecy, procuring troops to cut our throats, acts of parliament to drain our purses, destroy our charters and assemblies, getting estates and dignities for themselves and their own families, and all the while most devoutly professing to be friends to our charter, enemies to parliamentary taxation, and to all pensions, without being detected? How happy! if they could have annihilated all our charters, and yet have been beloved, nay deified by the people, as friends and advocates for their charters? What masterly politicians! to have made themselves nobles for life, and yet have been thought very sorry, that the two houses were denied the privilege of choosing the council? How sagacious, to get large pensions for themselves, and yet be thought to mourn, that pensions and venality were introduced into the country? How sweet and pleasant! to have been the most popular men in the community, for being staunch and zealous dissenters, true blue Calvinists, and able advocates for public virtue and popular government, after they had introduced an American Episcopate, universal corruption among the leading men, and deprived the people of all share in their supreme legislative council? I mention an Episcopate, for although I do not know that governors Hutchinson and Oliver ever directly solicited for bishops, yet they must have seen, that these would have been one effect, very soon, of establishing the unlimited authority of parliament!
I agree with this writer, that it was not the persons of Bernard, Hutchinson or Oliver, that made them obnoxious; but their principles and practices. And I will agree, that if Chatham, Campden and St. Asaph, (I beg pardon for introducing these reverend names into such company, and for making a supposition which is absurd) had been here, and prosecuted such schemes, they would have met with contempt and execration from this people. But when he says, "that had the intimations in those letters been attended to, we had now been as happy a people as good government could make us," it is too gross to make us angry. We can do nothing but smile. Have not these intimations been attended to? Have not fleets and armies been sent here, whenever they requested? Have not governors', lieutenant governors', secretaries', judges', attorney generals', and solicitor generals' salaries been paid out of the revenue as they solicited? Have not taxes been laid, and continued? Have not English liberties been abridged as Hutchinson desired? Have not "penalties of another kind" been inflicted, as he desired? Has not our charter been destroyed, and the council put into the king's hands, as Bernard requested? In short, almost all the wild mock pranks of this desperate triumvirate have been attended to and adopted, and we are now as miserable as tyranny can well make us. That Bernard came here with the affections of New Jersey, I never heard nor read, but in this writer. His abilities were considerable, or he could not have done such extensive mischief. His true British honesty and punctuality will be acknowledged by none, but such as owe all their importance to flattering him.
That Hutchinson was amiable and exemplary, in some respects, and very unamiable and unexemplary, in others, is a certain truth; otherwise he never would have retained so much popularity on one hand, nor made so pernicious a use of it on the other. His behavior, in several important departments, was with ability and integrity, in cases which did not effect his political system, but he bent all his offices to that. Had he continued stedfast to those principles in religion and government, which in his former life he professed, and which alone had procured him the confidence of the people and all his importance, he would have lived and died, respected and beloved, and have done honor to his native country. But by renouncing these principles and that conduct, which had made him and all his ancestors respectable, his character is now considered by all America, and the best part of the three kingdoms, notwithstanding the countenance he receives from the ministry, as a reproach to the province that gave him birth, as a man who by all his actions aimed at making himself great, at the expense of the liberties of his native country. This gentleman was open to flattery, in so remarkable a degree, that any man who would flatter him was sure of his friendship, and every one who would not, was sure of his enmity. He was credulous, in a rediculous degree, of every thing that favoured his own plans, and equally incredulous of every thing which made against them. His natural abilities which have been greatly exaggerated by persons whom he had advanced to power, were far from being of the first rate. His industry was prodigious. His knowledge lay chiefly in the laws and politics and history of this province, in which he had a long experience. Yet with all his advantages, he never was master of the true character of his native country, not even of New England and the Massachusetts Bay. Through the whole troublesome period since the last war, he manifestly mistook the temper, principles, and opinions of this people. He had resolved upon a system, and never could or would see the impracticability of it.
It is very true that all his abilities, virtues, interests and connections, were insufficient; but for what? To prevail on the people to acquiesce in the mighty claim of parliamentary authority. The constitution was not gone. The suggestion, that it was, is a vile slander. It had as much vigour as ever, and even the governor had as much power as ever, excepting in cases which affected that claim. "The spirit" says this writer "was truly republican." It was not so in any one case whatever; any further than the spirit of the British constitution is republican. Even in the grand fundamental dispute, the people arranged themselves under their house of representatives and council, with as much order as ever, and conducted their opposition as much by the constitution as ever. It is true their constitution was employed against the measures of the junto, which created their enmity to it. However I have not such an horror of republican spirit, which is a spirit of true virtue, and honest independence; I do not mean on the king, but on men in power. This spirit is so far from being incompatible with the British constitution, that it is the greatest glory of it, and the nation has always been most prosperous, when it has most prevailed and been most encouraged by the crown. I wish it increased in every part of the world, especially in America; and I think the measures, the tories are now pursuing, will increase it to a degree that will ensure us, in the end, redress of grievances and an happy reconciliation with Great Britain.
"Governor Hutchinson strove to convince us, by the principles of government, our charters and acknowledgments, that our claims were inconsistent with the subordination due to Great Britain," &c. says this writer.
Suffer me to introduce here, a little history. In 1764, when the system of taxing and new modelling the Colonies was first apprehended, lieutenant governor Hutchinson's friends struggled in several successive sessions of the general court, to get him chosen agent for the province at the court of Great Britain. At this time he declared freely, _that he was of the same sentiment with the people, that parliament had no right to tax them; but differed from the country party, only in his opinion of the policy of denying that right, in their petitions_, &c. I would not injure him; I was told this by three gentlemen who were of the committee of both houses, to prepare that petition, that he made this declaration explicitly before that committee. I have been told by other gentlemen that he made the same declaration to them. It is possible that he might make use of expressions studied for the purpose, which would not strictly bear this construction. But it is certain that they understood him so, and that this was the general opinion of his sentiments until he came to the chair.
The country party saw, that this aspiring genius aimed at keeping fair with the ministry, by supporting their measures, and with the people, by pretending to be of our principles, and between both to trim himself up to the chair. The only reason why he did not obtain an election at one time, and was excused from the service at another, after he had been chosen by a small majority, was because the members knew he would not openly deny the right, and assure his majesty, the parliament, and ministry, that the people never would submit to it. For the same reason he was left out of council. But he continued to cultivate his popularity, and to maintain a general opinion among the people, that he denied the right in his private judgment, and this idea preserved most of those who continued their esteem for him.
But upon Bernard's removal, and his taking the chair as lieutenant governor, he had no farther expectations from the people nor complaisance for their opinions. In one of his first speeches he took care to advance the supreme authority of parliament. This astonished many of his friends. They were heard to say, we have been deceived. We thought he had been abused, but we now find what has been said of him is true. He is determined to join in the designs against this country. After his promotion to the government, finding that the people had little confidence in him, and shewing [Errata: knowing] that he had no interest at home to support him, but what he had acquired by joining with Bernard in kicking up a dust, he determined to strike a bold stroke, and in a formal speech to both houses, became a champion for the unbounded authority of parliament, over the Colonies. This he thought would lay the ministry under obligation to support him in the government, or else to provide for him out of it, not considering that starting that question before that assembly, and calling upon them, as he did, to dispute with him upon it, was scattering firebrands, arrows and death in sport. The arguments he then advanced were inconclusive indeed: but they shall be considered, when I come to the feeble attempt of Massachusettensis to give a colour to the same position.
The house, thus called upon, either to acknowledge the unlimited authority of parliament, or confute his arguments, were bound by their duty to God, their country and posterity, to give him a full and explicit answer. They proved incontestibly, that he was out in his facts, inconsistent with himself, and in every principle of his law, he had committed a blunder. Thus the fowler was caught in his own snare; and although this country has suffered severe temporary calamities in consequence of this speech, yet I hope they will not be durable; but his ruin was certainly in part owing to it. Nothing ever opened the eyes of the people so much, as his designs, excepting his letters. Thus it is the fate of Massachusettensis to praise this gentleman, for these things which the wise part of mankind condemn in him, as the most insidious and mischievous of actions. If it was out of his power to do us any more injuries, I should wish to forget the past; but as there is reason to fear he is still to continue his malevolent labours against this country, although he is out of our sight, he ought not to be out of our minds. This country has every thing to fear, in the present state of the British court, while the lords Bute, Mansfield and North have the principal conduct of affairs, from the deep intrigues of that artful man.
To proceed to his successor, whom Massachusettensis has been pleased to compliment with the epithet of "amiable." I have no inclination to detract from this praise, but have no panegyricks or invectives for any man, much less for any governor, until satisfied of his character and designs. This gentleman's conduct, although he came here to support the systems of his two predecessors, and contracted to throw himself into the arms of their connections, when he has acted himself, and not been teased by others much less amiable and judicious than himself, into measures which his own inclination would have avoided, has been in general as unexceptionable as could be expected, in his very delicate, intricate and difficult situation.
We are then told "that disaffection to Great Britain was infused into the body of the people." The leading whigs, have ever, systematically, and upon principle, endeavoured to preserve the people from all disaffection to the king on the one hand, and the body of the people on the other; but to lay the blame where it is justly due on the ministry and their instruments.
We are next conducted into the superior court, and informed "that the judges were dependant on the annual grants of the general court; that their salaries were small in proportion to the salaries of other officers, of less importance; that they often petitioned the assembly to enlarge them, without success, and were reminded of their dependance; that they remained unshaken amid the raging tempests, which is to be attributed rather to their firmness than situation."
That the salaries were small, must be allowed: but not smaller in proportion than those of other officers. All salaries in this province have been and are small. It has been the policy of the country to keep them so, not so much from a spirit of parsimony, as an opinion, that the service of the public ought to be an honorary, rather than a lucrative employment; and that the great men ought to be obliged to set examples of simplicity and frugality before the people.
But if we consider things maturely, and make allowance for all circumstances, I think the country may be vindicated. This province, during the last war, had such overbearing burdens upon it, that it was necessitated to use economy in every thing. At the peace she was half a million sterling in debt, nearly. She thought it the best policy to get out of debt, before she raised the wages of her servants; and if Great Britain had thought as wisely, she would not now have had 140 millions to pay; and she would never have thought of taxing America.
Low as the wages were, it was found that, whenever a vacancy happened, the place was solicited with much more anxiety and zeal, than the kingdom of heaven.
Another cause which had its effect was this. The judges of that court had almost always enjoyed some other office. At the time of the stamp act the chief justice was lieutenant governor, which yielded him a profit, and a judge of probate for the county of Suffolk, which yielded him another profit, and a counsellor, which if it was not very profitable, gave him an opportunity of promoting his family and friends to other profitable offices, an opportunity which the country saw he most religiously improved. Another justice of this court was a judge of admiralty, and another was judge of probate for the county of Plymouth. The people thought therefore, that as their time was not wholly taken up by their offices, as judges of the superior court, there was no reason why they should be paid as much, as if it had been.
Another reason was this: those justices had not been bred to the bar, but taken from merchandise, husbandry and other occupations; had been at no great expence for education, or libraries, and therefore the people thought that equity did not demand large salaries.
It must be confessed that another motive had its weight. The people were growing jealous of the chief justice and two other justices at least, and therefore thought it imprudent to enlarge their salaries, and by that means their influence.
Whether all these arguments were sufficient to vindicate the people for not enlarging their salaries, I shall leave to you, my friends, whose right it is to judge. But that the judges petitioned "often" to the assembly I do not remember. I knew it was suspected by many, and confidently affirmed by some, that judge Russell carried home with him, in 1766, a petition to his majesty, subscribed by himself, and chief justice Hutchinson at least, praying his majesty to take the payment of the judges into his own hands; and that this petition, together with the solicitations of governor Bernard, and others, had the success to procure the act of parliament, to enable his majesty to appropriate the revenue to the support of the administration of justice, &c. from whence a great part of the present calamities of America have flowed.
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Novanglus, and MassachusettensisChapter IV: Preface (3)
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