Chapter XVI: Part II: Biographical Sketches (2)

Sect. 2. And be it further enacted by the authority aforesaid, that all the goods and chattels, rights and credits, lands, tenements, hereditaments of every kind, of which any of the persons herein before described were seized or possessed, or were entitled to possess, hold, enjoy or demand, in their own right, or which any other person stood or doth stand seized or possessed of, or are or were entitled to have or demand to and for their use, benefit and behoof, shall escheat, enure and accrue to the sole use and benefit of the government and people of this state, and are accordingly hereby declared so to escheat, enure and accrue.--[_Passed April 30, 1779. Not revised._]

BIOGRAPHIES

OF THE

LOYALISTS _of_ MASSACHUSETTS

THOMAS HUTCHINSON.

GOVERNOR OF MASSACHUSETTS 1771-4.

Among all the loyalists of the revolted colonies, there was none so illustrious, through his position and abilities, as Thomas Hutchinson, Governor of Massachusetts. No public man of this State was ever subject to more slander, personal abuse, and misrepresentation than he, and no son of Massachusetts ever did so much to benefit and advance the best interests of the State; beyond all question he was the greatest and most famous man Massachusetts has ever produced.

Descended from one of the oldest and most noted of Massachusetts families, he was not one of the first members of it to acquire prominence, that distinction belongs to the celebrated Ann Hutchinson, wife of William Hutchinson who came over in 1634, "that woman of ready wit and bold spirit," more than a match for her reverend and magisterial inquisitors, and who won to her side men even of such power as John Cotton and Sir Henry Vane. She was finally banished and with her followers went to live under the protection of the Dutch, at Long Island where she and all of her family except one child were killed by the Indians[102], her husband having died the year previous.[103] Her grandson, Elisha Hutchinson, became the first chief justice under the old charter and afterwards assistant and commander of the town of Boston. His son, Col. Thomas Hutchinson, was of scarcely less note. He it was who seized Captain Kidd when he resisted the officers of justice sent against him, and was the father of Governor Thomas Hutchinson. He was a wealthy merchant, and councillor who made his native town a sharer in his prosperity by founding the North End Grammar School. He lived in the North Square in the finest house in Boston. Here his son, the future governor, was born Sept. 9, 1711 and the two, father and son, occupied it for more than sixty years, till it was sacked by the mob in 1765.

[102] This was Colonel Edward H. Hutchinson who was killed by the
Indians during King Philip's war. He was father of Elisha Hutchinson.

[103] William Hutchinson was the first grantee of East Milton, where the
Governor afterwards resided. He settled in Boston on the "Old Corner
Bookstore" lot, corner of School and Washington streets. William
Hutchinson was the grandson of John Hutchinson, Mayor of Lincoln,
England.

When five and a half years old the boy was sent to the school established by his father, and at the age of twelve went thence to Harvard College. He graduated in 1727, and three years after he took the degree of Master of Arts. He then became a merchant--apprentice in his father's counting room. At the age of twenty-one, he had amassed by his own efforts L500. He married Margaret Sanford, daughter of the Governor of Rhode Island. In 1735 he joined the church, in 1737 he became selectman of Boston, and four months later, was elected Representative to the General Court. At the age of twenty-six, he entered upon his wonderful career, so strangely and sadly varied. When he stepped into leadership, he seemed simply to come to his own, for since the foundation of Massachusetts Bay there had been no time when some of his name and line had not been in the front.

From the first he is set to deal with questions of finance; as early as June 3, 1737, he is appointed to wrestle with a tax bill, and before the end of the year he is settling a boundary dispute with New Hampshire, and it was a mark of confidence when in 1740 he was appointed, being then 29, to go to England to represent the case to men in power. A far more memorable service than this had already been entered upon by him, and was resumed upon his return in which he was thoroughly successful in spite of great difficulties, it also having a close relation with the coming into being of the United States.

New England was at this time cursed with an irredeemable paper currency. Democracies never appear to so poor advantage as in the management of finances, and no more conspicuous instance in point can be cited, than that of provincial New England, throughout the first half of the 18th century. The Assembly, the members of which were simply the mouthpieces of the towns, surrendered their private judgment and became submissive to the "Instruction" which they received at the time of their election, was uniformly by a large majority, in favor of an irredeemable paper currency. Before the enormous evils which early became apparent and constantly grew in magnitude, the Assembly was impotent. Widows and orphans, classes dependent on fixed incomes, were reduced to distress, creditors found themselves defrauded of their just dues, till almost nothing was left, a universal gambling spirit was promoted. The people saw no way to meet the evil but by new, and ever new issues of the wretched script, until with utter callousness of conscience, men repudiated contracts voluntarily entered upon, and recklessly discounted the resources of future generations by placing upon them the obligations their own shoulders should have borne. The action of the Council in which the higher class was represented was uniformly more wise, and honorable, than that of the lower House during this period of financial distress, and it is especially to be noted that King and Parliament threw their influence on the right side, and sought repeatedly to save the poor blind people from themselves. The right of the home government to interfere in colonial affairs was then never questioned. Massachusetts would dodge if she could, the government mandates, but the theories of a later time, that Parliament had no jurisdiction over sea and that the King, having granted the charter, had put it out of his power to touch the provincial policy, in these days found no expression.

The Revolution was now preparing, the Colonies were chafing under restrictions imposed beyond the ocean for their own benefit. It is now generally admitted, that this was one of the first causes of the Revolution, perhaps the most potent of all causes. In all this time of distress no figure is apparent so marked with traits of greatness as that of Thomas Hutchinson. All the Colonies were infected with the same craze, but no other man in America saw the way out. Franklin, level headed though he was, elaborately advocated paper money, turning a good penny in its manufacture.[104] The father of Samuel Adams was one of the directors of the iniquitous "Land Bank" and the part taken by Hutchinson in causing Parliament to close it, was what led to the undying hatred of Samuel Adams towards Hutchinson, and the Government. When "Instructions" were reported in Town Meeting, Hutchinson was immediately on his feet, and declared he would not observe them, there were immediately cries "Choose another Representative." This could not be done during the session; he consistently threw his influence on the hard money side, and so far lost popularity that he was dropped in 1739. He was, however, elected again in 1742, and was Speaker in 1746-7-8.

[104] A Modest Inquiry into the Nature and Necessity of a Paper
Currency.

What saved the province from financial ruin at this time was the capture of Louisburg. This warlike enterprise of Shirley led the country to increase its debt to between two and three million dollars, but the paper money was so depreciated at the close of the war that L1,200 was equal to only L100 sterling. Parliament very generously voted to reimburse the Province for the expense it had gone to in this war, and voted to pay L183,649, 2s 7 1-2d sterling.

Mr. Hutchinson, who was then Speaker of the House of Representatives, considered this to be a most favorable opportunity for abolishing bills of credit, the source of so much iniquity, and for establishing a stable currency of gold and silver for the future. L2,200,000 would be outstanding in bills in the year 1749 L180,000 sterling at eleven for one, which was the rate at that time, would redeem all but L220,000. It was therefore proposed that Parliament should ship to the Province Spanish dollars, and apply same to redeem the bills, and that the remainder of the bills should be met by a tax on the year 1749. This would finish the bills. The Governor approved of the bill prepared by Mr. Hutchinson but when the Speaker laid the proposal before the House, it was received with a smile; for a long time the fight was hopeless, many weeks were spent in debating it.

The large class of debtors preferred paper to anything more solid. Others claimed that though the plan might have merit, the bills must be put an end to in a gradual way, a "fatal shock" would be felt by so sudden a return to a specie basis. When the vote was taken the bill was decisively rejected. The chance of escaping from bondage seemed to be irrecoverably gone. A motion to reconsider having been carried, the conviction overtook some men of influence, and the bill for a wonder passed. The Governor and Council were prompt to ratify, and while the people marvelled, it was done. The streets were filled with angry men and when it was reported that Hutchinson's home was on fire there were cries in the street "Curse him, let it burn." His fine home at Milton, a recent purchase, many thought should be protected by a guard. The infatuation was so great, the wish was often expressed that the ship bringing the treasure might sink. Many doubted whether the treasure would really be sent, and this uncertainty perhaps helped the adoption of the bill.

But the treasure came, seventeen trucks were required to cart from the ship to the Treasury, two hundred and seventeen chests of Spanish dollars, while ten trucks, conveyed one hundred casks of coined copper. At once a favorable change took place. There was no _shock_ but of the pleasantest kind, a revulsion of popular feeling followed speedily, until Hutchinson, from being threatened at every street corner, became a thorough favorite. Twelve years after this time Hutchinson wrote, "I think I may be allowed to call myself the father of the present fixed medium." There is no doubt of it. He alone saw the way out of the difficulty, and nothing but his tact, and persistency, pushed the measure to success. This is admitted by his enemy, John Adams, who thirty years after Hutchinson's death said, "If I was the witch of Endor, I would wake the ghost of Hutchinson, and give him absolute power over the currency of the United States, and every part of it, provided always that he should meddle with nothing but the currency. As little as I revere his memory, I will acknowledge that he understood the subject of coin and commerce better than any man I ever knew in this country. He was a merchant, and there can be no scientific merchant, without a perfect knowledge of a theory of a medium of trade."[105] Hutchinson, in the third volume of his history of Massachusetts, remarks that the people of Massachusetts Bay were never more easy and happy, than in 1749 when, through the application of the Louisburg reimbursement to the extinction of the irredeemable bills, the currency was in an excellent condition. It excited the envy of the other colonies where paper was the principal currency.

[105] Curwen's Journal p. 456.

In 1750 he was again elected to the Assembly and "he was praised as much for his firm" as he had before been abused for "his obstinate perseverance." He was made chairman of a commission to negotiate a treaty with the Indians of Casco Bay. He also settled the boundary question with Connecticut, and Rhode Island, as he had done previously with New Hampshire. Massachusetts became greatly the gainer by this settlement of its boundaries. The present boundaries of Massachusetts are those established by Hutchinson. In 1752 he was appointed Judge of Probate, and Justice of the Common Pleas, for the County of Suffolk. In the spring of 1754 he lost his wife. With her dying voice and with eyes fixed on him she uttered three words, "Best of husbands." He loved her tenderly; twenty years later, taking thought for her grave, as we shall see later on in this article (where his countrymen could not let her bones rest in peace, but they must desecrate her grave on Copps Hill.)

"In 1754 he was sent as delegate to the Convention held in Albany, for the purpose of Confederating the Colonies, the better to protect themselves from the French. Hutchinson and Franklin were the leading minds of the body. To these two the preparation of important papers was confided and plans made to prevent the 'French from driving the English into the sea.'"

In 1758 Hutchinson became Lieutenant Governor. The excellent financial condition produced by Hutchinson's measure ten years previous, still continued, and was made even better than before. Quebec had fallen, and Canada was conquered by the English, and the mother country, made generous by success, sent over large sums of money to reimburse the Colonies for the share they had taken in bringing about the brilliant success, the result was that the taxes became a burden of the lightest ever before known.

In 1760 Chief Justice Sewall died. Hutchinson was appointed his successor by Governor Bernard. James Otis, Sr., then Speaker of the Assembly, desired the place. James Otis, Jr., a young vigorous lawyer, who was soon to arrive at great distinction, vigorously espoused his father's cause. Hutchinson warned the Governor of trouble, in case the Otises were disappointed. Bernard however, saw the risk of this, and declared he would in no case appoint Otis, but named Hutchinson instead. At once the younger Otis vowed vengence, a threat which he soon after proceeded to execute by embarrassing the Governor, including the new Chief Justice also in his enmity. Though before friends of government, the Otises now became its opposers, and as the younger man presently developed power as an unequalled popular leader, he became a most dangerous foe. "From so small a spark," exclaimed Hutchinson, "a great fire seems to have been kindled." Henceforth the two men are to have no feelings for each other, but dread and hatred. An agitation began between these two men, destined before it closes, to affect most profoundly the history of the whole future human race.

In February, 1761, Hutchinson just warming to his work as Chief Justice, was a principal figure in the disturbance about "Writs of Assistance" or "Search Warrants." The customs taxes were evaded the whole country over, in a way most demoralizing. The warehouses were few indeed in which there were no smuggled goods. The measures taken for tariff enforcement were no more objectionable than those employed today. Freedom to be sure is outraged when a custom-officer invades a man's house, his castle, but high tariff cannot exist without outrages upon freedom. A change had come about; the government had declared the laws must be enforced, and it lay upon Hutchinson to interpret the laws and see to this enforcement. The position of the Chief Justice was an embarrassing one. His own proclivities were for free trade; his friends had been concerned in contraband commerce, according to the universal practice in the term of slack administration. Hutchinson was as yet a novice in the Chief Justiceship, but he made no mistake in postponing his decision, and have the Court wait till the English practice could be known. When news came from England, a form was settled on as near to that employed in England, as circumstances would permit. Writs were issued to custom-house officers, for which application should be made to the Chief Justice by the Surveyor-General of the customs.[106] Before this determination was reached James Otis made his memorable plea against "Writs of Assistance," one of the epoch-making events in the history of America. John Adams afterward said, "I do say in the most solemn manner, that Mr. Otis's oration against Writs of Assistance breathed into this nation the breath of life."

[106] For further matter concerning the Writs of Assistance and James
Otis see p. 34.

Hutchison's popularity from now begins to wane, and the main hand in this was no doubt the teachings of James Otis whose phrase "no taxation without representation" was used as a rallying cry. Boston at once elected him as its Representative in the Assembly, and his leadership thus was scarcely broken even when he became insane. At last he became a great embarrassment to his party, from the fact that, although his wits were gone, the people would still follow him. Peter Oliver, who succeeded Hutchinson as Chief Justice is quoted by John Adams as saying to him, that Otis would at one time declare of the Lieutenant Governor, "that he would rather have him than any man he knows in any office"; and the next hour represent him as "the greatest tyrant and most despicable creature living."[107]

[107] Adams' Diary, June 5th, 1762.

Hutchinson was now known as a "prerogative man," ready to defer to the home government in important things, but there was as yet no definite line drawn between prerogative men and patriots. Otis always scouted the idea of independence of the Colonies as disloyal folly, his successor, Samuel Adams, was the first to preach disloyalty and secession. Otis, as Moderator in Town Meeting in Boston, in 1763, spoke eloquently of the British empire and constitution. He said, "The true interests of Great Britain and her plantations are mutual, and what God in his providence has united, let no man dare pull asunder." As to parliamentary supremacy, Otis was much more emphatic than Hutchinson. He said, "the power of Parliament is uncontrollable, but by themselves, and we must obey. Forcibly resisting the Parliament and the King's laws is high treason. Therefore let the Parliament lay what burdens they please upon us; we must, it is our duty, to submit, and patiently to bear them till they will be pleased to relieve us."[108]

[108] Rights of the British Colonies.

Otis conceded to Parliament supremacy, but insisted that the Colonies should have representatives there. Hutchinson considered representation there impracticable, and while conceding supremacy, thought it should be kept well in the background, while the Colonies managed for themselves. Great Britain has really always held to this position even to the present day--"Although the general rule is that the legislative assembly has the sole right of imposing taxes in the Colony, yet when the imperial legislature chooses to impose taxes according to the rule of law they have a right to do it." So decided the English judge Blackburn in 1868 in a case when Jamaica was involved.[109] Mansfield's position that the Colonies were _virtually_ represented in Parliament was an entirely reasonable one. Parliamentary supremacy in the British empire is, indeed kept well in the background at the present moment, but let any great emergency arise, such as some peril to the mother country. If the Colony should remain apathetic, or in any way render aid and comfort to the enemy, the dependency would be as arbitrarily ridden over by the fleets, and armies, as in the days of George III. So long as America remained dependent, parliamentary supremacy was necessary. It would only be got rid of by such a declaration as that of 1776. This, Hutchinson was not ready for nor any other person in the Colonies until many years after this time, except one man, Samuel Adams, who said taxation without representation was tyranny and representation was impossible.

[109] Yonge Const. His. of Eng. p. 66. See also Todd, Parl. Gov. in the
British Colonies 1899.

The correctness of the position of Hutchinson in the case of the Writs of Assistance have been maintained and exhibited in detail by so high an authority as the late Horace Gray, Esq., for many years Chief Justice of the Supreme Court of Massachusetts and at the time of his decease justice of the Supreme Court of the United States.[110] A currency dispute took place in 1762 as regards the parity between gold and silver. Hutchinson represented the Council and Otis the House, the former, true to the policy which had already been of such advantage, set himself once more against a course certain to lead to a disastrous depreciation. This financial controversy led to further unpopularity, and lost him not only a great number of friends, but the House while reducing the allowance to the Superior Court in general, refused to make any allowance to him whatever as Chief Justice. After the great war with France, which was waged mainly for the benefit of the Colonies, it was found that England had a debt of L140,000,000 instead of L70,000,000 which it had before the war. England also had paid the Colonies vast sums of money as previously stated, expenses incurred in protecting themselves from the French. The American civil and military establishments before the war was L70,000 per annum, it was now L350,000. George Grenville, Chancellor of the Exchequer thought that the Colonies ought to contribute towards it; he did not expect them to raise the whole, but a portion of it, and did not intend to charge them with any interest on the national debt, although it was largely incurred on their behalf.

[110] See Quincy, Massachusetts Reports 1761-1772. Appendix 1.

In February, 1765, he laid a bill before Parliament for further defraying the expenses of protecting the colonies and he proposed to charge certain stamp duties in said colonies. The agents of the several colonies had an interview with him and tried to dissuade him from it. He replied that he had considered the whole case and believed the colonies should contribute something to the mother country to pay for their protection, every penny of which would be spent in the colonies, and that he knew of no better way than a stamp tax. "If," he said, "you can tell of a better, I will adopt it." Benjamin Franklin, proposed that the demand for money should be made in the old constitutional way in the form of a requisition to the Assembly of each province. Can you agree, rejoined Grenville, on the proportion that each colony should raise. The question touched the heart of the difficulty, the agents were obliged to answer in the negative, and the interview speedily closed, a few days later the fatal Bill passed,--one of the most momentous legislative Acts in the history of mankind.

The position of Hutchinson was a trying one; he favored neither the issuance of the Writs of Assistance nor the Stamp Act. The whole course of the government he disapproved of he had been ready to cross the ocean to remonstrate for the Colony, against the impolitic treatment. On the other hand, the disloyal tone which daily grew rife about him, was utterly against his mind, he saw no outcome for it but independence, a most wise forecasting of the situation, in fact there was no middle ground. Independence seemed to him and to every man then, except Sam Adams, a calamity. If that was to be avoided, there was nothing for it but to admit the supremacy of Parliament.[111] But the Province, to which he had been like a father, was growing away from him, and before the summer ended, he was to receive a blow as ruthless, and ungrateful, as it was possible to give. He was at this time a Judge of the highest Judicial Court, a member of the Council, and Lieutenant Governor at the same time. He had performed the duties of these incompatible offices to the satisfaction of the community, as is shown in the writings of John Adams before he became Hutchinson's enemy. He says, "Has not his merits been sounded very high by his countrymen for twenty years? Have not his countrymen loved, admired, revered, rewarded, nay, almost adored him? Have not ninety-nine in a hundred of them really thought him the greatest and best man in America? Has not the perpetual language of many members of both Houses and of a majority of his brother-counselors been, that Mr. Hutchinson is a great man, a pious, a wise, a learned, a good man, an eminent saint, a philosopher etc? Nay, have not the affections and the admiration of his countrymen arisen so high as often to style him the greatest and best man in the world, that they never saw, nor heard, nor read of such a man--a sort of apotheosis like that of Alexander and that of Caesar while they lived?"[112]

[111] For further information concerning the Stamp Act, see p. 37.

[112] John Adams, Diary, March 17, 1766.

It is not possible to give a more glowing eulogy in the English language of a person, than this written by John Adams, the successor of Washington as second President of the United States, but it could scarcely be less. The regularity of his life, his sympathy for the distressed, his affability, his integrity, his industry, his talents for business, and the administration of affairs, his fluency, and grace, as public speaker. His command of temper, and courteousness under provocation, united to form a rare man, and to give him influence. In a country where literary enterprise was very uncommon, he had devoted a great part of his life to investigating the history of his native province, busy though he was in so many places, in behalf of the public, he found time to carry it forward. In 1764 was published in Boston the first volume of his "History of Massachusetts Bay," a carefully studied work quite unparalleled in the meagre colonial literature, and is still, and will always remain, of the first authority respecting the beginning of New England. In 1767 came the second volume. He had access to original papers such as no person now possesses which were of the highest historical value. Writing to a friend in England in 1765, he said, "I think from my beginning the work until I had completed it, which was about twelve months, I never had time to write two sheets at a sitting without avocations by public business, but forced to steal a little time in the morning and evening while I was in town, and leave it for weeks together so I found it difficult to keep any plan in my mind."

In his third volume, written twenty years later and not published till 1828, more than forty years after his death, the heat of the fight is still in the heart beating behind the pen, in painting the portraits of his contemporaries. Otis, Sam Adams, Hancock and others, the men who bore him down after the fiercest possible struggle. His portrait drawing is by no means without candor, and one wonders that the picture is no darker. His presentment is always clear and dignified; his judgment of men and events are just. It is the work of the thoughtful brain whose comments on politics, finance, religion, etc., are full of intelligence and humanity.

And now Hutchinson approaches the most crucial period of his life. As seen in a previous chapter after the passing of the Stamp Act, and the adoption of the Patrick Henry Resolves, the people grew riotous and treason was talked of openly. The first great riot was on August 14, 1765. In the morning the effigies of Andrew Oliver, the Stamp agent, and Lord Bute the former prime minister, were hung on an elm tree, on the corner of what is now Washington and Essex streets, in the evening they were taken down, carried as far as Kilby street, where a new government building was torn down by the mob, who, taking portions of the wood-work with them, proceeded to Fort Hill, where they burnt the effigies in front of the home of Mr. Oliver and committed gross outrages on his premises which were plundered and wrecked.[113]

[113] See page 40 for a more full description.

On the evening of the 26th the riots recommenced with redoubled fury. Lieutenant Governor Hutchinson, also Chief Justice, the second person in rank in the colony and a kinsman of Oliver, was made a mark for the most unmeasured outrage. The story is best told in the words of the victim in a letter to a friend.

To Richard Jackson, Boston, Aug. 30, 1765.

My Dear Sir--I came from my house at Milton the 26 in the morning.
After dinner it was whispered in the town there would be a mob at
night, and that Paxton, Hallowell, the custom house, and admiralty
officers' houses would be attacked; but my friends assured me that
the rabble were satisfied with the insult I had received, and that
I was become rather popular. In the evening, whilst I was at supper
and my children round me, somebody ran in and said the mob were
coming. I directed my children to fly to a secure place, and shut
up my house as I had done before, intending not to quit it; but my
eldest daughter repented her leaving me, hastened back and
protested that she would not quit the house unless I did. I
couldn't stand against this, and withdrew with her to a neighboring
house, where I had been but a few minutes before the hellish crew
fell upon my house with the rage of devils, and in a moment with
axes split down the doors and entered. My son being in the great
entry heard them cry 'Dam him, he is upstairs, we'll have him.'
Some ran immediately as high as the top of the house, then filled
the rooms below and the cellar, and others remained without the
house to be employed there. Messages soon came one after another to
the house where I was to inform me the mob were coming in pursuit
of me, and I was obliged to retire through yards and gardens to a
house more remote, where I remained until 4 o'clock, by which time
one of the best finished houses in the Province had nothing
remaining but the bare walls and floors.

Not content with tearing off all the wainscot and hangings, and
splitting the doors to pieces, they beat down the partition walls;
and although that alone cost them near two hours, they cut down the
cupola or lanthorn and they began to take the slate and boards from
the roof, and were prevented only by the approaching daylight from
a total demolition of the building. The garden house was laid flat,
and all my trees, etc., broke down to the ground. Such ruin was
never seen in America. Besides my plate and family pictures,
household furniture of every kind, my own, my children, and
servants, apparel, they carried off about L900 sterling in money
and emptied the house of everything whatsoever, except a part of
the kitchen furniture, not leaving a single book or paper in it,
and have scattered or destroyed all the manuscripts and other
papers I had been collecting for thirty years together, besides a
great number of public papers in my custody. The next evening, I
intended to go to Milton with my children, but meeting two or three
small parties of the ruffians who I suppose had concealed
themselves in the country, and my coachman hearing one of them
say, 'There he is'! my daughters were terrified, and said they
should never be safe, and I was forced to shelter them that night
at the Castle.[114]

[114] Mass. His. Soc. Vol. XXVI, p. 146.

Josiah Quincy, then twenty-one years old, writing in his diary Aug. 27, 1765, says that Hutchinson's life "it is more than probable, was saved by his giving way to his eldest daughter and leaving the house." He described "the coming into court the next day of the stripped Chief Justice, clothed in a manner which would have excited compassion from the hardest heart. Such a man in such a station, thus habited, with tears starting from his eyes, and a countenance which strongly told the inward anguish of his soul,--what must an audience have felt, whose compassion had before been moved by what they knew he had suffered, when they heard him pronounce the following words which the agitation of his mind dictated, "Gentlemen,--There not being a quorum of the Court without me, I am obliged to appear. Some apology is necessary for my dress; indeed, I had no other. Destitute of everything,--no other shirt; no other garment but what I have on; and not one in my whole family in a better situation than myself. The distress of a whole family around me, young and tender infants hanging about me, are infinitely more insupportable than what I feel for myself, though I am obliged to borrow part of _this_ clothing.

"Sensible that I am innocent, that all the charges against me are false, I can't help feeling: and although I am not obliged to give an answer to all the questions that may be put to me by every lawless person, yet I call God to witness--and I would not, for a thousand worlds, call my Maker to witness to a falsehood--I say I call my Maker to witness, that I never, in New England or Old, in Great Britain, or America, neither directly or indirectly, was aiding, assisting or supporting--in the least promoting or encouraging--what is commonly called the Stamp Act; but, on the contrary, did all in my power, and strove as much as in me lay, to prevent it. This is not declared through timidity, for I have nothing to fear. They can only take away my life, which is of but little value when deprived of all its comforts, all that was dear to me, and nothing surrounding me but the most pressing distress.

"I hope the eyes of the people will be opened, that they will see how easy it is for some designing, wicked man to spread false reports to raise suspicion and jealousies in the minds of the populace, and enrage them against the innocent, but if guilty, this is not the way to proceed. The laws of our country are open to punish those who have offended. This destroying all peace and comfort and order of the community--all will feel its effects; and all will see how easily the people may be deluded, inflamed and carried away with madness against an innocent man. I pray God give us better hearts." The Court then adjourned to October 15th.

Why Hutchinson should have fallen into such great disfavor, it is not easy to say. Gordon, a writer of Whig leaning, but a fair minded witness of all that occurred suggests that there were some who still entertaining rancor towards him for doing away with paper money in 1748, for, as we have seen, his position in 1762 on the currency was not popular. Moreover the mob was led on to the house by a secret influence, with a view to the destruction of certain public papers known to be there relating to the grant of the New Plymouth Company on the Kennebec River.[115] Hutchinson himself speaks on having given rise to animosity against him for having taken certain depositions in the interest of government, before him in his character of Chief Justice to which his name was signed. They were purely official acts; for the depositions he had no responsibility whatever, but the unreasoning mass of the people confused him with others. There was nothing in his course at the time of the Writs of Assistance, at which the people needed to feel aggrieved. He was with the people in opposing the external taxes, also in disapproving the Stamp Act. Now that they were imposed, he to be sure thought nothing would answer but submission, but certainly in his declaration here he was nothing like so emphatic as James Otis, who still remained the popular idol. Otis had said in May, "It is the duty of all humbly and silently to acquiesce in all the decisions of the supreme legislature." In private talk he was still more vigorous in his utterances. He said to Hallowell, "That Parliament had a right to tax the Colonies, and he was a d----d fool who denied it and that this people never would be quiet till we had a Council from home, till our charter was taken away, and till we had regular troops quartered upon us."[116] Hutchinson had never expressed his thoughts anywhere near so definitely as this.

[115] His. of Am. Rev., Vol. I., p. 180.

[116] John Adams' Diary, Jan. 16, 1776.

The inhabitants of Boston and the Province were generally ashamed of the outrage upon Hutchinson, but the mob still dared to show its hand. Though in the first rush of feeling many of the rioters were sent to jail, they were afterwards set free. The chief actor seems to have been a shoemaker, named Mackintosh, who, though arrested, was presently discharged; Hutchinson declares this was through the interference of men of good position, who feared that a confession from him would implicate them. Hutchinson's demand of the legislature for compensation for the destruction of his home, was at last effectual. He is said to have received L3,194, 17s. 6d., a fair indemnity. The Act had attached to it for a "rider" pardon to all who had taken part in the disturbance connected with the Stamp Act. Bernard hesitated to sign the Act; but was finally induced to do so by his earnest wish to have Hutchinson receive justice. When the Act was sent to England, the King disallowed it; such lawlessness could not be condoned, even that a faithful official might receive his rights. But the money had been paid before the news of the King's displeasure arrived.

A period of lawlessness now followed. Riots were absolutely unpunished, for no jury would convict the rioters. Governor Bernard wrote that his position was one of utter, and humiliating impotence, and that the first condition of the maintenance of English authority in Massachusetts was to quarter a powerful military force at Boston.

Two regiments arrived Sept. 28, 1768. Shortly before their arrival the people gathered together in an immense meeting, and voted that a standing army could not be kept in the province without its consent. On the arrival of the troops everything was done by the people to provoke and irritate them. A perfect reign of terror was directed against all who supported the government. Soldiers could not appear in the streets without being the objects of the grossest insults. A press eminently scurrilous and vindictive was ceaselessly employed in abusing them. They had become as Samuel Adams boasted 'the objects of the contempt even of women, and children.' Every offence they committed was maliciously exaggerated and vindictively prosecuted, while in the absence of martial law, they were obliged to look passively on the most flagrant insults to authority. At one time the "Sons of liberty" in a procession a mile and a half long marched around the State House, to commemorate their riots against the Stamp Act, and met in the open fields to chant their "liberty song" and drink "strong halters, firm blocks, and sharp axes, to such as deserve them." At another an informer, who was found guilty of giving information to revenue officers, was seized by a great multitude, tarred and feathered, and led through the streets of Boston, which was illuminated in honor of the achievement.

A printer who had dared to caricature the champions of freedom was obliged to flee from his house, to take refuge among the soldiers, and ultimately to escape from Boston in disguise. Merchants who had ventured to import goods from England were compelled by mob violence to give them up to be destroyed, or to be re-embarked. A shopkeeper who sold some English goods, found a post planted in the ground with a hand pointing to his door, and when a friend tried to remove it, he was stoned by a fierce mob through the streets. A popular minister delighted his congregation by publicly praying "that the Almighty would remove from Boston the English soldiers."[117]

[117] Lecky's Am. Rev. Chapt. XI., p. 127.

These outrages led to the so-called Boston Massacre, more fully described in a previous chapter.[118] None of the mobs of that time of mobs was more brutal and truculent than that which provoked the firing of the group of baited men, standing their ground with steady discipline, among the clubs and missiles resorted to now, to enforce the usual foul and blasphemous abuse. Lieutenant Governor Hutchinson fulfilled at this time with complete adequacy the functions of chief magistrate, for Governor Bernard was at this time in England. Hutchinson was at once in the street, in imminent danger of having his brains dashed out, expostulating, entreating that order might be preserved.[119] It was a fine exhibition of power and courage. His standing in the east balcony of the State House, with the snow reddened beneath by the blood of the killed, with the regiments kneeling in rank ready for street firing, and several thousand of enraged men on the other side on the point of rushing into the fight, he was able to hold both parties in check. His prompt arrest of Captain Preston and the squad which had done the killing, was his full duty; and it is to the credit of the troop that the officer and his men in the midst of the exasperation gave themselves quietly into the hands of the law. Instead of a bloody battle, there was substituted a well-ordered civil process, due delay being observed that the passion of both sides might subside and the evidence, pro and con be calmly weighed. A mild and just verdict was the outcome, to which all submitted. Men they were, all of the same stock, for the time being fallen into antagonism, seeing things differently. All, however, bore themselves like Englishmen, showing the quality which has made the Anglo-Saxon race a mighty one.

[118] Boston Mobs, page 43.

[119] Mass. A. His. Vol. XXXI., p. 491. Witness at the trial of the
soldiers said "He stood close behind him, and one of the mob lifted up a
large club over my head, and was going to strike, but he seized him by
the arm and prevented it."

Since the departure of Bernard there had been no session of the legislature. In March one took place that was the cause of a new dispute between the Lieutenant Governor and the legislature, which was destined to be long and important. It was as to how far the chief magistrate could be bound by royal instruction. Hutchinson says the Assembly was prorogued to meet at Boston March 14th, 1770, but before the time arrived there came a further signification of the King's pleasure that it should be held at Cambridge, unless the Lieutenant Governor had more weighty reasons for holding it at Boston, than those which were mentioned by the Secretary of State against it.[120] On the 15th of March therefore the legislature met in the "Philosophy Room" in Harvard College, in Cambridge.

[120] Hutchinson His. Vol. III., p. 280.

Remonstrances were passed by the Council and the House against the removal to which Hutchinson replied "That the King by his prerogative could remove the legislature from the 'Town House in Boston' did not in his mind admit of a doubt and therefore he disregarded the remonstrance." Soon after the Massacre, Hutchinson begged the Earl of Hillsborough, the Colonial Secretary, to allow him to resign. He said, "I must humbly pray that a person of superior powers of body and mind may be appointed to the administration of the government of this Province. I shall faithfully endeavor to support such person according to the best of my abilities, and I think it not improbable that I may be capable of doing his Majesty greater service in the Province, even in a private station than at present."[121] Instead of accepting his resignation he was appointed Governor in March, 1771, and his wife's brother-in-law, Andrew Oliver, being at the same time commissioned Lieutenant Governor, and Thomas Flucker Secretary.

[121] M. A. Hist. Vol. XXVI., Mar. 27 to Hillsboro.

At his inauguration while the Assembly and the Congregational ministers were silent, there were many congratulations, among them Harvard College. The students singing in Holden Chapel the anthem, "Thus saith the Lord from henceforth, behold! all nations shall call ye blessed; for thy rulers shall be of thine own kindred, your nobles shall be of yourself, and thy governors shall proceed from the midst of thee."

April 1, 1771, he writes to Colonel Williams of Hatfield. "It's certain all the valuable part of the town have shown me as much respect personally, as in my public character, as I could desire. Two Adamses, Phillips, Hancock, and two or three others, who, with the least reason have been the most injurious, are all of any sort of consideration who stand out."[122] Again on April 19, 1771, in a letter to Hillsboro, referring to the Town Meeting he says, "In these votes, and in most of the public proceedings of the town of Boston, persons of the best character and estate have little or no concern. They decline attending Town Meetings where they are sure of being outvoted by men of the lowest order, all being admitted, and it being very rare that any scrutiny is made into the qualification of voters."[123]

[122] M. A. Hist. Vol. XVII., p. 131.

[123] M. A. Hist. Vol. XXVII., p. 151.

The hopes Hutchinson and the friends of government were never brighter since the troubles began with the government, than in the spring of 1771. Among Hutchinson opponents men like Andrew Eliot, thought "it might be as well not to dispute the legal right of Parliament." Otis too, pursued a strong reactionary course and when on May 29 the legislature met, at his instance, while the remonstrance was passed as had become usual, against the removal of the legislature from Boston, the clause was struck out which denied to the crown the right to remove. The principle so long contended for was then sacrificed, the right of prerogative to infringe the charter at this point was acknowledged, and it would be easy to proceed on the ground that the crown might take what liberties it pleased with the charter. Otis's change was indeed startling. Samuel Adams was going on in the old road, when Otis started up, and said they had gone far enough in that way, the Governor had an undoubted right to carry the court where he pleased, and moved for a committee to represent the inconveniences of sitting there, and for an address to the Governor. He was a good man; the minister said so, and it must be so: and moved to go on with the business, and the House voted everything he moved for.[124]

[124] John Adams' Works, Vol. II., p. 266.

"Serious as was the defection of James Otis that of Hancock was even more so. His wealth, popular manners and some really strong qualities made his influence great. Samuel Adams had exploited Hancock, with all his consummate art ever since his appearance in public life, making him a powerful pillar of the popular cause. Contemptuous allusions to Hancock as little better than an ape, whom Samuel Adams led about according to his will, have come down from those times."[125] Such things were flying in the air and Hancock was feeble enough to be moved by them, if they came to his ears. Whatever may have been the reason, Hancock forsook his old guide, voted with the party of Otis for the acknowledgment of Hutchinson's right to convene the legislature where and when he choose. Hancock's defection at this time from the Whig cause seemed imminent, and when Hutchinson fled to England, three years later and his papers fell into the hands of his enemies, it was found necessary to suppress certain documents, belonging to this time as it is supposed they compromised Hancock, who in 1774 was once more firmly on the side of the Colonies.

[125] Hosmer's Life of Thomas Hutchinson p. 213.

Samuel Adams probably never experienced a greater mortification than when, as a member of a committee, he waited, by command of the House, upon Hutchinson to present an address acknowledging the right of the Governor to remove the General Court "to Housantonic in the western part of the Province," if he desired, nor, on the other hand, did the Governor ever enjoy a greater triumph. Hutchinson must have felt that he was even with his chief adversary for the humiliation of the preceding year, the driving out of the regiments. Adams felt his defeat keenly, but gave no sign of it, he saw his influence apparently on the wane, but was as unremitting as ever in his attempts to retrieve lost ground. But for him the revolutionary cause at this time must have gone by the board.

The revulsion was not long in coming. Before Hutchinson had time to restore the repentant legislature to the town house in Boston, the hearts of the members became hardened against him. When it became known that the decision of the king had been made for the support of the Massachusetts town officials from the revenue of the Colony by warrants drawn on the Commission of Custom, the wrath of the people became heavy, and the voice of Samuel Adams led the discontented. The Governor was paid L1500 sterling, instead of L1000, annually, which he was paid when dependent on the people. Hutchinson now plainly announced that he should now receive his salary from the King. The House protested in its usual temper, the set of the opposition being so powerful that several of the Loyalists withdrew disheartened. But in the midst of the fault-finding "Sons of Liberty", he received a mark of confidence from the General Court at which he was greatly pleased, as he had a right to be. We have already seen him as the principal figure in settling the boundary lines on the sides of New Hampshire, Rhode Island and Connecticut. The boundary line on the side of New York, not settled in 1767, and still in dispute, were equally in need of adjustment, and although his principles were popularly denounced, and the scheme was already in progress which was to drive him from his native land and deprive him of all his possessions in it, yet none but he could be trusted to undertake the delicate negotiations upon which the welfare of the Province depended.[126]

[126] The details are in Mass. Archives marked Colonial. Vol. IV. pp.
335-344.

The journal of the proceedings in the handwriting of the Governor, is still extant. With William Brattle, Joseph Hawley, and John Hancock, Hutchinson journeyed to Hartford, where on May 18, 1773, they discussed the matter with Governor Tyron, John Watts, William Smith, R. R. Livingston, and William Nicoll, Commissioners from New York. The New York men, although more compliant than the negotiators of seven years ago, were still disposed to exact hard concessions, to which all the commissioners but Hutchinson were about prepared to agree. Hutchinson, however, while diplomatic, was unyielding, insisting upon what had been substantially the demand of 1767. At last it was conceded, establishing for all time as a part of the Bay State the beautiful county of Berkshire. This alone should entitle him to a monument by the State of Massachusetts. He alone, it is said, prevented the giving up by Massachusetts of her claim to western lands; these were retained and afterwards sold for a large sum.[127]

[127] N. E. His. and Gen Reg., Vol. I., p. 310.

It was a great victory for the Governor, the Massachusetts Commissioners had been left free to do what seemed to them best, but they cordially acknowledged that success belonged to him.

On the return to Boston, the legislature was in session and the assembly authorized him to transmit the settlement to Lord Dartmouth, Secretary of State, at once, without formally laying it before them. They trusted him entirely. Hutchinson with some pride declared that "no previous instance of a like confidence of our Assembly in a Governor can be found in Massachusetts history."[128] This transient favor, and trust, aggravated for him the force of the blow he was so soon to receive. How bitter the home coming of Hutchinson was, the following extract from a letter to Sir Francis Bernard, the late Governor will show:

[128] Hutchinson His. Vol. III., p. 391, 392.