Chapter I: Part 1

Ver.04.29.93*END*

This text was prepared by Bill Stoddard <[email protected]>, and Regina Azucena <[email protected]>.

THE WRITINGS

OF

SAMUEL ADAMS

COLLECTED AND EDITED

BY

HARRY ALONSO CUSHING

_______ VOLUME II _______

1770-1773

CONTENTS OF VOLUME II.

______

1770.

Article Signed "Vindex," January 8th . . . Power of Governer over sessions of General Assembly.

Article Signed "Determinatus," January 8th . . . Non-importation agreement.

To the Lieutenant-Governor of Massachusetts, March 19th . . . Memorial of town of Boston--Apointment of special justices.

To John Hancock, May 11th . . . Proposed resignation.

To Benjamin Franklin, July 13th . . . Letter of town of Boston--Effect of massacre narrative--Influences upon public opinion--"Case" of Captain Preston.

To the Lieutenant-Governor of Massachusetts, August 3d . . . Answer of House of Representatives--Place of meeting of General Assembly--Legal opinions--Precedents--Royal instructions--Nature of Province Charter--Rights of House.

Article Signed "A Chatterer," August 13th . . . Royal instructions.

Article Signed "A Chatterer," August 20th . . . Character of office holders.

Article Signed "A Chatterer," August 27th . . . Reply to "Probus"--Character of lieutenant-governor.

To Benjamin Franklin, November 6th . . . Letter of House of Representatives--Appointment as agent--Attitude of administration to Massachusetts--Royal instructions--Admiralty jurisdiction--Salaries and appointments.

To Stephen Sayre, November 16th . . . Letters of "Junius Americanus"--Non-importation agreement--Trial of Preston--Royal instructions.

To the Lieutenant-Governor of Massachussetts, Novemer 20th . . . Memorial of House of Representatives--Vacancies in militia.

Article Signed "A Tory," November 20th . . . Effects of present administration.

To Peter Timothy, November 21st . . . Reply to Charleston committee--Non-importation agreement.

To Stephen Sayre, November 23d . . . Choice of agent--Royal instructions--Attitude of Huthchinson.

To Josiah Williams, November 23d . . . Personal advice.

Article signed "A Chatterer," December 3d . . . Royal instructions--Control of troops--Custody of Castle William.

Article signed "Vindex," December 10th . . . Trials of Preston and soldiers--Discussion of testimony.

Article signed "Vindex," December 17th . . . Trials of Preston and soldiers--Discussion of testimony.

Article signed "Vindex," December 24th . . . Trials of Preston and soldiers--Discussion of testimony.

Article signed "Vindex," December 24th . . . Reply to "Somebody"--Trial of soldiers.

To John Wilkes, December 28th . . . Introduction of William Palfrey--Conditions in colonies.

Article signed "Vindex," December 31st . . . Action of Boston on massacre--Attitude of troops--Events of March 5, 1770--Testimony upon trial--The dead.

Article signed "Vindex," December 31st . . . Testimony upon trial of soldiers.

1771.

Article signed "Vindex," January 7th . . . Trial of soldiers--Discussion of testimony.

To Stephen Sayre, January 12th . . . Enclosing articles on trials.

Article signed "Vindex," January 14th . . . Discussion of testimony--"Case" of Captain Preston.

Article signed "Vindex," January 21st . . . Result of trial of soldiers--Discussion of testimony--Reply to Philanthrop.

Article signed "Vindex," January 28th . . . Discussion of testimony--"Case" of Captain Preston.

To Charles Lucas, March 12th . . . Acknowledgments of Boston.

To Arthur Lee, April 19th . . . Beginning of correspondence--General conditions--Designs of Administration--Royal instructions.

To the Governor of Massachusetts, April 24th . . . Answer of House of Representatives--Action of Spain at Port Egmont--Attitude of Administration--Place of meeting of General Assembly--Appointment of Governor.

To the Governor of Massachusetts, April 25th . . . Salary bills.

Article signed "Candidus," June 10th . . . Place of meeting of General Assembly--Royal instructions--Attitude of Hutchinson.

Article signed "Candidus," June 17th . . . Address of clergy.

To Benjamin Franklin, June 29th . . . Letter of House of Representatives--Right of Parliament to tax--Revenue and tribute--Independence of officers--Rights of colonists--Position of colonial agent.

Article signed "Candidus," July 1st . . . Convention of clergy.

To Arthur Lee, July 31st . . . Conditions in London--Effects of faction and of arbitrary power--Attitude of Hutchinson--Disturbances in North Carolina

Article signed "Candidus," August 5th . . . Address of clergy--Character of convention.

Article signed "Candidus," August 19th . . . Custom of "addressing"--Public opinion of Administration--Stamp Act--Events in 1768--Character of addresses.

Article signed "Candidus," September 9th . . . Assertion of rights by colonists--Factions--Revenue acts.

Article signed "Candidus," September 16th . . . Circular letter of February, 1768--The mandate to rescind--Letter to Hillsborough of June, 1768--Refusal to rescind.

Article signed "Candidus," September 23d . . . Dissolution of General Assembly--Charter rights of General Assembly--Royal instructions.

To Arthur Lee, September 27th . . . Remonstrance of London--Despotism in Massachusetts--Cause of colonial grievances--Possiblity of impeachment--Opposition to an American episcopate--Introduction of William Story.

Article signed "Candidus," September 30th . . . Letters of Bernard--Disorders in 1768--Letters of commissioners.

To Arthur Lee, October 2d . . . Comments on William Story.

Article signed "Candidus," October 7th . . . Salary of Governor--Attitude of Hutchinson.

Article signed "Candidus," October 14th . . . Historic instances of slavery and tyranny--Comparison of America and Rome--Liberties of America.

Article signed "Valerius Poplicola," October 28th . . . Acts of trade--Subjection and allegiance--Legislative power in Massachusetts--Jurisdiction of Parliament.

To Arthur Lee October 31st . . . Action of Council on "Junius Americanus"--Relationship of office holders--Attitude of House of Representatives--The "Hue and Cry."

To Joseph Allen, November 7th . . . Personal advice.

Article signed "Candidus," November 11th . . . Jeroboam as a Governor--Attitude of the clergy.

To Arthur Lee, November 13th . . . Proclamation by the Governor--Its reception by the clergy.

Article signed "Cotton Mather," November 25th . . . Salary of Governor--Provisions of the charter.

Article signed "Candidus," December 2d . . . Attitude of the people--Reply to "Chronus"--Royal instructions.

Article signed "Candidus," December 9th . . . Jealousy of liberty--Control of revenue--Powers of Governor.

Article signed "Candidus," December 16th . . . Reply to "Chronus."

Memorandum, December 18th . . . Alleged criticism of Hancock

Article signed "Candidus," December 23d . . . Effect of petitioning--Control of funds--Infringement of liberties.

1772.

To Henry Marchant, January 7th . . . Election in London--Activity of government agents--Policy of Crown officers.

To Arthur Lee, January 14th . . . Attitude of Government.

Article signed "Candidus," January 20th . . . Acts of trade--Power of taxation--Colonial right of legislation--Extent of "Dominion."

Article signed "Candidus," January 27th . . . Acts of trade--Magna Charta.

To the Governor of Massachusetts, April 10th . . . Answer of House of Representatives--Place of meeting of General Assembly--Power of Governor over sessions.

Article signed "Vindex," April 20th . . . Reply to "Philanthrop Jun."

To the Governor of Massachusetts, July 14th . . . Answer of the House of Representatives--Repair of Province House.

Article signed "Valerius Poplicola," October 5th . . . Tribute--Effect of petitions--Freemen or slaves?

To Andrew Elton Wells, October 21st Family affairs--Royal power over colonial government.

To Elbridge Gerry, October 27th . . . Independence of judges.

To Elbridge Gerry, October 29th . . . Independence of judges--Action of Boston.

To Arthur Lee, November 3d . . . Retirement of Hillsborough--Character of Dartmouth--Independence of judges--Action of Boston.

To Elbridge Gerry, November 5th . . . Concert of action--Action of Boston--Independence of judges.

To Elbridge Gerry, November 14th . . . Activity in Marblehead--Rights as Christians--Attitude of Roxbury and Plymouth.

The Rights of the Colonists as Men, as Christians, and as Subjects, November 20th . . .

A List of Violations of Rights, November 20th . . .

A Letter of Correspondence, November 20th . . .

Article Signed "Vindex," November 30th . . . To Aaron Davis--Character of Doctor Young.

To Arthur Lee, November 31st . . . Proceedings of Boston--Activity of public enemies--Action of Roxbury and Plymouth.

To Elbridge Gerry, December 7th . . . Acknowledgment.

To William Checkly, December 14th . . . Personal reflections.

Article Signed "Candidus," December 14th . . . Criticism of Draper's Gazette--Proceedings of Boston . . .

To Elbridge Gerry, December 23d . . . Proceedings of Marblehead.

To Darius Sessions, December 28th . . . Response to request for advice--The Rhode Island commission--Effect on judiciary system.

To the Committee of Correspondence of Cambridge, December 29th . . . Acknowledgment of Boston committee for their endorsement.

To the Committee of Correspondence of Plymouth, December 29th . . . Acknowledgment of Boston committee for their endorsement--Character of early settlers.

1773.

To Darius Sessions, January 2d . . . The issue in Rhode Island--Advice to the colony--Probabilities considered.

To the Governor of Massachusetts, January 26th . . . Answer of the House of Representatives--Jurisdiction of Parliament--Colonial charters--Rights of colonists--Historical precedents.

To the Committee of Correspondence of Lynn, February 9th . . . Acknowledgment of Boston committee--Diffusion of liberty.

To Darius Sessions, February . . . Futher advice upon political situation.

To the Governor of Massachusetts, February 12th . . . Message of the House of Representatives--Independence of judges--Attitude of Governor.

To John Adams . . . On reply to Governor.

To the Governor of Massachusetts, March 2d . . . Answer of House of Representatives--Proceedings of Boston--Rights of King in colonies--Jurisdiction of Parliament--Historical precedents

THE WRITINGS OF

SAMUEL ADAMS.

ARTICLE SIGNED "VINDEX."

[Boston Gazette, January 8, 1770.] --"And the Governor for the time being shall have full power and authority from time to time as he shall judge necessary, to adjourn, prorogue and dissolve all Great and General Courts or Assemblies met and conven'd as aforesaid."--1

THE power delegated by this clause to the Governor was undoubtedly intended in favor of the people--The necessity and importance of a legislative in being, and of its having the opportunity of exerting itself upon all proper occasions, must be obvious to a man of common discernment. Its grand object is the REDRESS OF GRIEVANCES: And for this purpose it is adjudg'd that parliaments ought to be held frequently--The people may be aggriev'd for the want of having a good law made, as well as repealing a bad one: So they may be, by the mal conduct of the executive in its manner of administring justice wrongfully under colour of law. In all these cases and many others, the necessity of the frequent interposition of the legislative evidently appears. And if either of them, much more, if all of them should at any time be justly complain'd of by the people, the adjourning, proroguing or dissolving the legislative, at such a juncture, must be the greatest of all grievances--There may be other reasons for the sitting of an American assembly besides the correcting any disorders arising from among the people within its own jurisdiction.--Some of the Acts of the British parliament are generally thought to be grievous in their operation, and dangerous in their consequences to the liberties of the American subjects: An American legislative therefore, in which the whole body of the people is represented, ought certainly to have the opportunity of explaining and remonstrating their grievances to the British parliament, and the full exercise of that invaluable and uncontroulable Right of the subject to petition the King, as often as they judge necessary, 'till they are removed. To postpone a meeting of this universal body of the people till it is too late to make such application must be a frustration of one grand design of its existance; and it naturally tends to other arbitrary exertions.--I have often tho't that in former administrations such delays to call the general assembly, were intended for the purpose above-mentioned: And if others should have the same apprehension at present I cannot help it, nor am I answerable for it. It may not be amiss however for every man to make it a subject of his contemplation. We all remember that no longer ago than the last year, the extraordinary dissolution by Governor Bernard, in which he declared he was merely ministerial, produced another assembly, which tho' legal in all its proceedings, awaked an attention in the very soul of the British empire.

It is not to be expected that in ordinary times, much less at such an important period as this is, any man, tho' endowed with the wisdom of Solomon, at the distance of three thousand miles, can be an adequate judge of the expediency of proroguing, and in effect even putting an end to an American legislative assembly; and more especially at a time when the evil spirit of Misrepresentation is become so atrocious, that even M. . .y itself is liable to be wrongly informed!--It is for this reason that the delegation of this power to the governor for the time being, appears to be intended in favor of the people: That there might be always at the head of the province, and resident therein, as the charter provides, a person of untainted integrity, candor, impartiality and wisdom, to judge of and determine so essential a point--A point, in which I should think, no person who justly deserves this character, can be passive or merely ministerial, against his own judgment and conscience. Whenever therefore a Governor for the time being, adjourns, prorogues or dissolves the general assembly, having the full power and authority delegated to him of judging from time to time of the Necessity of it, we ought to presume that he exercises that power with freedom: That he determines according to the light of his own understanding, and not anothers: That he clearly sees that it will answer those purposes which he himself judges to be best; having, as a man of fidelity in his station ought, thoro'ly revolv'd the matter in his own mind: And, that however flattering the concurrent sentiments of any other man may be, he would have been impelled to do it, from the dictates of his own judgment, resulting from his own contemplation of the matter, if he had not received the "express command of his superior." Such a man "will bravely act his mind, and venture--Death."

VINDEX.

1B. P. Poore, The Federal and State Constitutions, 1878, vol. i., p. 949. vol. ii.--i.

ARTICLE SIGNED "DETERMINATUS."

[Boston Gazette, January 8, 1770.]

To the Printers.

The agreement of the Merchants of this distressed and insulted continent, to with hold importations from Great Britain, it seems to be allowed on all sides, has the strongest tendency towards the repeal of the acts of parliament for raising a revenue in America without our consent. It is no wonder then, that it was oppos'd with so much vehemence at first, by the Cabal; who knew full well, that their Places and their Pensions, and all teh delectable profits which they expected to reap, and are now actually reaping, at the expence of the people in town and country, would entirely cease, if these acts, by the means of which their places, pensions and profits arise should be repealed--When they could no longer with any face call it the last efforts of a dying faction, (for the measure was so rational and pacific, that it soon spread far and wide, and was chearfully adopted by all disinterested friends of the country thro'-out the continent) they put on the appearance of the Sons of Liberty; and now their cry is, Where is that Liberty so much boasted of and contended for? We hear them very gravely asking, Have we not a right to carry on our own trade and sell our own goods if we please? who shall hinder us? This is now the language of those who had before seen the ax laid at the very root of all our Rights with apparent complacency,--And pray gentlemen, Have you not a right if you please, to set fire to your own houses, because they are your own, tho' in all probability it will destroy a whole neighbourhood, perhaps a whole city! Where did you learn that in a state or society you had a right to do as you please? And that it was an infringement of that right to restrain you? This is a refinement which I dare say, the true sons of liberty despise. Be pleased to be informed that you are bound to conduct yourselves as the Society with which you are joined, are pleased to have you conduct, or if you please, you may leave it. It is true the will and pleasure of the society is generally declared in its laws: But there may be exceptions, and the present case is without doubt one.--Suppose there was no law of society to restrain you from murdering your own father, what think you? If either of you should please to take it into your head to perpetrate such a villainous act, so abhorrent to the will of the society, would you not be restrained? And is the Liberty of your Country of less importance than the life of your father! But what is most astonishing is, that some two or three persons of very little consequence in themselves, have Dared openly to give out that They Will vend the goods they have imported, tho' they have Solemnly pledg'd Their Faith to the body of merchants, that they should remain in store 'till a general importation should take place! Where then is the honor! where is the shame of these persons, who can look into the faces of those very men with whom they have contracted, & tell them Without Blushing that they are resolved to Violate the contract! Is it avarice? Is it obstinacy, perverseness, pride, or from what root of bitterness does such an unaccountable defection from the laws of honor, honesty, and even humanity spring? Is it the Authority Of An Unnatural Parent--the advice of some false friend, or their own want of common understanding, and the first principles of virtue, by which these unhappy young persons have been induced, or left to resolve upon perpetrating that, at the very tho't of which they should have shudder'd! By this resolution they have already disgrac'd themselves; if they have the Hardiness to put the resolution into practice, who will ever hereafter confide in them? Can they promise themselves the regards of the respectable body of merchants whom they have affronted? or can they even wish for the esteem of their country which they have basely deserted, or worse, which they have attempted to wound in the very heart.--If they imagine they can still weary the patience of an injured country with impunity.--If--I will not utter it--would not the grateful remembrance of unmerited kindness and Generosity, if there was the least spark of ingenuity left, have Influenced to a far different resolution!--If this agreement of the merchants is of that consequence to All America which our brethren in All the other governments, and in Great-Britain Itself think it to be--If the fate of Unborn Millions is suspended upon it, verily it behooves, not the merchants Only, but every individual of Every class in City and Country to aid and support them and Peremptorily To Insist upon its being Strictly adhered to.

DETERMINATUS.

THE TOWN OF BOSTON TO THE LIEUTENANT-GOVERNOR OF MASSACHUSETTS1

[MS., Office of the City Clerk of Boston.]

To his Honor the Lieutenant Governor in Council

The Memorial of the Town of Boston legally assembled in Faneuil Hall Monday March 19 1770

Humbly shews

That with deep Concern they are made to understand that thro the Providence of God diverse of his Majestys Justices of the Superior Court are renderd unable to attend the Duties of their important Trust by bodily Indisposition.

That there are a great Number of Prisoners now in his Majestys Gaol in the County of Suffolk, of whom fifteen are confind for Tryal for capital offences.

That the Sherriff of said County has been under Apprehension of the Escape of said Prisoners as appears by his Letter to the Town hereto annexd to be laid before your honor.

That there are a great Number of Witnesses in the Cases of the late Trajical Murder in Boston many of whom are Seamen & detaind to their very great Disadvantage & possibly some of them may be under Temptation to absent themselves from the Tryal.

All which the Town beg leave humbly to represent to your honor as cogent Reasons for the Tryal of the said Prisoners as early as possible in the present Term.

Wherefore your Memorialists humbly pray your Honor to appoint special Justices in the Room of those taken off as aforesaid,2 in order for the Tryal of the said Prisoners, or otherwise that your Honor wd take such Steps to prevent the Delay of Justice at this important Crisis as in your Wisdom shall seem meet.

And as in Duty bound your Memsts shall ever pray.

Signd in Behalf of the Town at the Meeting aforesaid.

1Samuel Adams, John Hancock, and John Barret were on March 19, 1770, appointed by the Boston town-meeting "a Committee to draw up a Memorial to the Lieuvetenant Governor and Council praying that special Justices may be appointed for the Superior Court now sitting in the room of those who may be necessarily prevented by sickness from attending their duty; that so the Tryals of the many Criminals now committed may not be postponed. . . ." At the same session the committee reported a draft, which was accepted.--Boston Record Commissioners' Report, vol. xviii., p. 15. [back]

2At this point the words "whom the Town reverence & esteem" were stricken from the original draft.

TO JOHN HANCOCK.

[MS., Samuel Adams Papers, Lenox Library; a text with slight variations is in W. V. Wells Life of Samuel Adams, vol. i., p. 343.]

BOSTON May 11 1770

DEAR SR

Your Resolution yesterday to resign your seat gave me very great Uneasiness. I could not think you had sufficient Ground to deprive the Town of one whom I have a Right to say is a most valueable Member, since you had within three of the unanimous Suffrages of your Fellow Citizens, & one of the negative Votes was your own.1 You say you have been spoken ill of. What then? Can you think that while you are a good Man that all will speak well of you--If you knew the person who has defamd you nothing is more likely than that you would justly value your self upon that mans Censure as being the highest Applause. Those who were fond of continuing Mr Otis on the Seat, were I dare say to a Man among your warmest friends: Will you then add to their Disappointment by a Resignation, merely because one contemptible person, who perhaps was hired for the purpose, has blessd you with his reviling--Need I add more than to intreat it as a favor that you would alter your Design.

I am with strict truth Your affectionate friend & Brother.

1At the Boston town-meeting on May 8, 1770, Hancock received, as a candidate for representative, 511 out of 513 votes. On June 13, 1770, William Palfrey, acting for Hancock, wrote to Haley and Hopkins: "The removal of the General Court to Cambridge obliges Mr Hancock to be often there." John Hancock. His Book, by A. E. Brown, p. 167.

A COMMITTEE OF THE TOWN OF BOSTON TO BENJAMIN FRANKLIN.

[MS., Collections of the Massachusetts Historical Society; an incomplete draft is in the Samuel Adams Papers, Lenox Library; the latter text only is in the handwriting of Adams.]

BOSTON July 13th: 1770

SIR,

It affords very great Satisfaction to the Town of Boston to find that the Narrative of the horrid massacre perpetrated here on the 5th of March last which was transmitted to London,1 has had the desired effect; by establishing truth in the minds of honest men, and in some measure preventing the Odium being cast on the Inhabitants, as the aggressors in it. We were very apprehensive that all attempts would be made to gain this Advantage against us: and as there is no occasion to think that the malice of our Enemies is in the least degree abated, it has been thought necessary that our friends on your side the Water, should have a true state of the Circumstances of the Town and of everything which has materially occurred, since the removal of the Troops to the Castle. For this purpose we are appointed a Committee:2 But the time will not admit of our writing so fully by this Conveyance, as we intend by the next, in the mean time we intreat your further friendship for the Town, in your Endeavours to get the Judgment of the Public suspended, upon any representation that may have been made by the Commissioners of the Customs and others, until the Town can have the Opportunity of knowing what is alleged against it, and of answering for itself. We must confess that we are astonished to hear that the Parliament had come to a determination, to admit Garbled extracts from such Letters as may be received from America by Administration and to Conceal the Names of the Persons who may be the Writers of them. This will certainly give great Encouragement to Persons of wicked Intentions to abuse the Nations & injure the Colonies in the grossest manner with Impunity, or even without detection. For a Confirmation hereof we need to recur no further back than a few months, when undoubtedly the Accounts and Letters carried by Mr. Rob[in]son would have been attended with very unhappy if not fatal effects, had not this Town been so attentive as to have Contradicted those false accounts by the depositions of many credible persons under Oath. But it cannot be supposed that a Community will be so Attentive but upon the most Alarming Events: In general Individuals are following their private concerns, while it is to be feared the restless Adversaries are forming the most dangerous Plans for the Ruin of the Reputation of the People, in order to build their own Greatness on the Distruction of their liberties. This Game they have been long playing; and tho' in some few instances they have had a loosing hand, yet they have commonly managed with such Art, that they have so far succeeded in their Malicious designs as to involve the Nation and the Colonies in Confusion and distress. This it is presumed they never could have accomplished had not these very letters been kept from the view of the Public, with a design perhaps to conceal the falsehood of them the discovery of which would have prevented their having any mischievous effects. This is the Game which we have reason to believe they are now playing; With so much Secrecy as may render it impossible for us fully to detect them on this Side of the Water; How deplorable then must be our Condition, if ample Credit is to be given to their Testimonies against us, by the Government at home, and if the Names of our Accusers are to be kept a profound Secret, and the World is to see only such parts or parcells of their Representations as Persons, who perhaps may be interested in their favor, shall think proper to hold up--Such a Conduct, if allowed, seems to put it into the Power of a Combination of a few designing men to deceive a Nation to its Ruin. The measures which have been taken in Consequence of Intelligence Managed with such secrecy, have already to a very great degree lessened that Mutual Confidence which had ever Subsisted between the Mother Country and the Colonies, and must in the Natural Course of things totally alienate their Affections towards each other and consequently weaken, and in the End destroy the power of the Empire. It is in this extended View of things that our minds are affected--It is from these Apprehensions that we earnestly wish that all communication between the two Countries of a public nature may be unvailed before the public: with the names of the persons who are concerned therein, then and not till then will American affairs be under the direction of honest men, who are never afraid or ashamed of the light. And as we have abudent reason to be jealous that the most mischievous and virulent accounts have been very lately sent to Administration from Castle William where the Commissioners have again retreated for no reason that we can conceive but after their former manner to misrepresent and injure this Town and Province,--we earnestly intreat that you would use your utmost influence to have an Order passed that the whole of the packetts sent by the Commissioners of the Customs and others under the care of one Mr Bacon late an officer of the Customs in Virginia, who took his passage the last week in the Brigantine Lydia Joseph Wood Commander may be laid before his Majesty in Council--

If the Writers of those Letters shall appear to be innocent, no harm can possibly arise from such a measure; if otherwise, it may be the means of exploring the true Cause of the National and Collonial Malady, and of affording an easy remedy, and therefore the measure must be justified & applauded by all the World.

We have observed in the English Papers, the most notorious falsehoods published with an apparent design to give the World a prejudice against this Town, as the Aggressors in the unhappy Transaction of the 5th of March, but no account has been more repugnant to the truth, than a paper printed in the public Advertiser3 of the 28th of April which is called The case of Capt. Preston. As a Committee of this Town we thought ourselves bound in faithfulness to wait on Capt Preston to enquire of him whether he was the Author--he frankly told us that he had drawn a state of his case, but that it had passed thro different hands and was altered at different times, and finally the Publication in the Advertiser was varied from that which he sent home as his own; we then desired him to let us know whether several parts which we might point to him and to which we took exception were his own, but he declined Satisfying us herein, saying that the alterations were made by Persons who he supposed might aim at serving him, though he feared they might have a Contrary effect, and that his discriminating to us the parts of it which were his own from those which had been altered by others might displease his friends at a time when he might stand in need of their essential Service; this was the Substance of the Conversation between us, whereupon we retired and wrote to Capt Preston a Letter the Copy of which is now inclosed.4

The next day not receiving an answer from Capt. Preston at the time we proposed, we sent him a message desiring to be informed whether we might expect his answer to which he replied by a Verbal Message as ours was that he had nothing further to add to what he had said to us the day before, as you'l please to observe by the inclosed Certificate--

As therefore Capt Preston has utterly declined to make good the charges against the Town in the Paper called his case or to let us know to whom we may apply as the Author or Authors of those parts which he might have disclaimed, and especially as the whole of his case thus stated directly militates not only with his own Letter published under his hand in the Boston Gazette, but with the depositions of others annexed to our Narrative which were taken, not behind the Curtain as some may have been, but openly and fairly, after notifying the Parties interested, and before Magistrates to whose credit the Governor of the Province has given his full attestation under the Province Seal, we cannot think that the Paper called the Case of Capt. Thomas Preston, or any other Paper of the like import can be deemed in the opinion of the sensible and impartial part of mankind as sufficient, in the least degree to prejudice the Character of the Town. It is therefore altogether needless for us to point out the many falsehoods contained in this Paper; nor indeed would there be time for it at present for the reason above mentioned--We cannot however omit taking notice of the artifice made use of by those who drew up the statement, in insinuating that it was the design of the People to plunder the King's Chest, and for the more easily effecting that to murder the Centinel posted at the Custom House where the money was lodged. This intelligence is said to have been brought to Capt Preston by a Townsman, who assured him that he heard the mob declare they would murder the Centinel.--The townsman probably was one Greenwood a Servant to the Commissioners whose deposition Number 96.5 is inserted among others in the Narrative of the Town and of whom it is observed in a Marginal Note, that: "Through the whole of his examination he was so inconsistent, and so frequently contradicted himself, that all present were convinced that no credit ought to be given to his deposition, for which reason it would not have been inserted had it not been known that a deposition was taken relating to this affair, from this Greenwood by Justice Murray and carried home by Mr. Robinson," and further "this deponent is the only person, out of a great number of Witnesses examined, who heard anything mentioned of the Custom House." Whether this part of the Case of Capt Preston was inserted by himself or some other person we are not told. It is very much to be questioned whether the information was given by any other than Greenwood himself, and the sort of Character which he bears is so well known to the Commissioners and their Connections some of whom probably assisted Capt Preston in stating his Case, as to have made them ashamed if they regarded the truth, to have given the least credit to what he said.--Whoever may have helped them to this intelligence, we will venture to say, that it never has been and never can be supported by the Testimony of any Man of a tolerable reputation. We shall only observe upon this occasion, how inveterate our Enemies here are, who, rather than omit what they might think a lucky opportunity of Slandering the Town, have wrought up a Narrative not only unsupported by, but contrary to the clearest evidence of facts and have even prevailed upon an unhappy Man under pretence of friendship to him, to adopt it as his own: Though they must have known with a common share of understanding, that it's being published to the world as his own must have injured him, under his present Circumstances, in the most tender point, and so shocked was Capt Preston himself, at its appearing in the light on this side the Water, that he was immediately apprehensive so glaring a falsehood would raise the indignation of a people to such a pitch as to prompt them to some attempts that would be dangerous to him, and he accordingly applyed to Mr Sheriff Greenleaf for special protection on that account: But the Sheriff assuring him that there was no such disposition appearing among the People (which is an undoubted truth) Capt Preston's fears at length subsided: and he still remains in safe custody, to be tried by the Superior Court of Judicature, at the next term in August; unless the Judges shall think proper further to postpone the Trial, as they have done for one whole term, since he was indicted by the Grand Jury.

Before we conclude it may not be improper to observe that the removal of the troops was in the Slowest order, insomuch that eleven days were spent in carrying the two Regiments to Castle Island, which had before landed in the Town in less than forty eight hours; yet in all this time, while the number of the Troops was daily lessening, not the least disorder was made by the inhabitants, tho' filled with a just indignation and horror at the blood of their fellow Citizens, so inhumanely spilt! And since their removal the Common Soldiers, have frequently and even daily come up to the Town for necessary provisions, and some of the officers, as well as several of the families of the soldiers have resided in the Town and done business therein without the least Molestation; yet so hardy have our Enemies been as to report in London that the enraged populace had hanged up Capt Preston.

The strange and irreconcileable conduct of the Commissioners of the Customs since the 5th of March--their applying for leave to retire to the Castle as early as the tenth, and spending their time in making excursions into the Country 'till the 20th of June following, together with other material Circumstances, are the subject of our present enquiry; the result of which you will be made acquainted with by the next conveyance. In the mean time we remain with strict truth.--

Sir Your much obliged and most Obedient Servants

THOMAS CUSHING,WM PHILLIPS, RI DANA,WM MOLINEUX, SAML ADAMS,EBENEZER STORER, JOHN HANCOCK,WM GREENLEAF

1Under the date of March 23, 1770, James Bowdoin, Samuel Pemberton and Joseph Warren, as a committee of the town of Boston, wrote to Lord Dartmouth, enclosing a narrative of the events of March 5 and a certified copy of the vote of town, on March 22, directing them to transmit the printed narrative. The original letter is No. 320 of Lord Dartmouth's American MSS., at Patshull House. The text of the same letter, which was addressed to the Duke of Richmond and others, is in A Short Narrative of the Horrid Massacre in Boston, New York, 1849. (This is reprinted, with notes by John Doggett, Jr., from a copy of the original edition of 1770, in the library of the New York Historical Society. Another reprint, with notes by Frederic Kidder, was published at Albany, 1870.) The Additional Observations to a Short Narrative, 1770, are reprinted by Doggett, pp. 109-117. Cf., Proceedings of Colonial Society of Massachusetts, April 1900, pp. 13-21. 2The town of Boston, on July 10, 1770, appointed a committee of nine, including Adams, Hancock, Dana, Cushing and Joseph Warren, to prepare a "true state" of the town and of the acts of the commissioners since March 5. 3Published in London. The "Case" was also printed in the Annual Register, 1771. Cf., Boston Gazette, June 25, 1770. 4Under date of July II, 1770. A copy is in S. A. Wells, Samuel Adams and the American Revolution, vol. i., pp. 230-232. 5The affidavit of Thomas Greenwood, sworn to March 24, 1770, is printed in Doggett's edition of the Short Narrative, pp. e Short Narrative, pp.101-103.

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE LIEUTENANT GOVERNOR.

[MS., Boston Public Library; a text, with many modifications of detail, is in Massachusetts State Papers, pp. 240-248; it was also printed in the Boston Gazette, August 6, 1770.]

In the House of Representatives August the 3 1770

Orderd that Mr Hancock Cap Thayer Mr Pickerin Cap Fuller and Cap Sumner carry up to the Honbl Board the following Answer of this House to his Honors Speech to both Houses at the opening of this Session

THOMAS CUSHING Spkr

1 May it please your Honor

The House of Representatives, having duly attended to your Speech2 to both Houses at the Opening of this Session, and maturely considerd the several parts of it, have unanimously, in a full House determind to adhere to their former Resolution "that it is by no means expedient to proceed to Business, while the General Assembly is thus constraind to hold the Session out of the Town of Boston." Upon a Recollection of the Reasons we have before given for this measure, we conceive it will appear to all the World, that neither the good People of this Province, nor the House of Representatives can be justly chargd with any ill Consequences that may follow it. After the most repeated & attentive Examination of your Speech, we find Nothing to induce us to alter our Opinion, and very little that is new & material in the Controversy: But as we perceive it is publishd, it may possibly be read by some who have never seen the Reasons of the House; and as there are specious things containd in it, which may have a Tendency to make an unhappy Impression on some minds, we have thought proper to make a few Observations upon it.

You are pleasd to say, "you meet us at Cambridge, because you have no Reason to think there has been any Alteration in his Majestys Pleasure, which you doubt not was determind by wise motives, & with a gracious Purpose to promote the Good of the province." We presume not to call in Question the Wisdom of our Sovereign or the Rectitude of his Intentions: But there have been Times, when a corrupt and profligate Administration have venturd upon such Measures, as have had a direct Tendency, to ruin the Interest of the People as well as that of their Royal Master.

This House have great Reason to doubt, whether it is, or ever was his Majestys Pleasure that your Honor should meet the Assembly at Cambridge, or that he has ever taken the matter under his Royal Consideration: Because, the common and the best Evidence in such Cases, is not communicated to us.

It is needless for us to add any thing to what has been heretofore said, upon the Illegality of holding the Court any where except in the Town of Boston: For admitting the Power to be in the Governor to hold the Court in any other place when the publick Good requires it; yet, it by no means follows that he has a Right to call it at any other place, when it is to the manifest Injury & Detriment of the Publick

The Opinion of the Attourney and Solicitor General has very little Weight with this House in any Case, any farther than the Reasons which they expressly give are convincing. This Province has sufferd so much by unjust, groundless & illegal Opinions of those officers of the Crown, that our Veneration or Reverence for their Opinions is much abated. We utterly deny that the Attuorny & Solicitor General have any Authority or Jurisdiction over us; any Right to decide Questions in Controversy, between the several Branches of the Legislature here: Nor do we concede, that even his Majesty in Council has any Constitutional Authority to decide such Questions, or any other Controversy whatever that arises in this Province, excepting only such Matters as are reservd in the Charter. It seems a great Absurdity, that when a Dispute arises between the Governor and the House, the Governor should appeal to his Majesty in Council to decide it. Would it not be as reasonable for the House to appeal to the Body of their Constituents to decide it? Whenever a Dispute has arisen within the Realm, between the Crown & the two Houses of Parliament, or either of them, was it ever imagind that the King in his privy Council had Authority to decide it? However there is a Test, a Standard common to all, we mean the publick Good. But your Honor must be very sensible that the Illegality of holding the Court in any other place besides the Town of Boston is far from being the only Dispute between your Honor & this House: we contend, that the People & their Representatives have a Right to withstand the abusive Exercise of a legal & constitutional Prerogative of the Crown. We beg Leave to recite to your Honor what the Great Mr Locke has advancd in his Treatise of civil Government, upon the like Prerogative of the Crown. "The old Question, says he, will be asked in this matter of Prerogative, who shall be Judge when this Power is made a right Use of?" And he answers, "Between an executive Power in being with such a Prerogative, and a Legislature that depends upon his Will for their convening, there can be no Judge on Earth, as there can be none between the Legislative & the People, should either the Executive or Legislative when they have got the Power in their Hands, design or go about to enslave or destroy them. The People have no other Remedy in this, as in all other Cases, where they have no Judge on Earth, but to appeal to Heaven. For the Rulers, in such Attempts, exercising a Power the People never put into their Hands (who can never be supposd to consent that any Body should rule over them for their Harm) do that which they have not a Right to do. And when the Body of the People or any single Man is deprivd of their Right, or under the Exercise of a Power without Right, and have no Appeal on Earth, then they have a Liberty to appeal to Heaven whenever they judge the Cause of sufficient moment. And therefore, tho the People cannot be judge, so as to have by the Constitution of that Society any superior Power to determine and give effective Sentence in the Case; yet they have by a Law antecedent & paramount to all positive Laws of men, reservd that ultimate Determination to themselves which belongs to all Mankind where there lies no Appeal on Earth viz to judge whether they have just Cause to make their Appeal to Heaven." We would however, by no means be understood to suggest that this People have Occasion at present to proceed to such Extremity.

Your Honor is pleasd to say, "that the House of Representatives in the year 1728, did not think the Form of the Writ, sufficient to justify them in refusing to do Business at Salem"; It is true they did not by any Vote or Resolve determine not to do Business yet the House, as we read in your Honors History, "met and adjournd from Day to Day without doing Business";3 and we find by the Records, that from the 31 of October 1728 to the 14th of December following the House did meet and adjourn without doing Business; And then they voted to proceed to the publick & necessary Affairs of the province "provided no Advantage be had or made, for and by Reason of the aforesaid Removal (meaning the Removal to Salem) or pleaded as a precedent for the future." Yet your Honor has been pleasd to quote the Conduct of that very House, as a precedent for our Imitation. We apprehend their proceeding to Business, & the Consequences of it viz, the Encouragement it gave to Governor Burnet to go on with his Design of harrassing them into unconstitutional Compliances, and the Use your Honor now makes of it as an Authority and a Precedent, ought to be a Warning to this House to make a determind & effectual Stand. Their Example, tho respectable, is not obligatory upon this House.--They lived in times, when the Encroachments of Despotism were in their Infancy.--They were carried to Salem, by the mere Caprice of Governor Burnet, who never pleaded an Instruction for doing this--An Instruction from a Ministry who had before treated them with unexampled Indignity--An Instruction which they were not permitted to see. They had no Reason to apprehend a fixd Design to alter the Seat of Government, to their great Inconvenience and the manifest Injury of the Province.

We are not disposd to dispute the Understanding, Integrity, Familys & Estates of the Council in 1728. We believe them to have been such, that if they were now upon the Stage, they would see so many additional & more weighty Reasons against proceeding to Business out of Boston, that they would fully approve of the Resolution of this House; as well as of what has been lately advancd by their Successors, who are also Gentlemen of Understanding, Integrity, Fortune and Family, in the following Words; "Governor Burnets Conduct in convening the General Court out of Boston, cannot be deemd an acknowlegd or constitutional Precedent, because, it was not founded on the only Reason on which the Prerogative of the Crown can be justly founded, The Good of the Community." We shall only add, that the Rights of the province having been of late years most severely attackd, has inducd Gentlemen to examine the Constitution more thorowly, & has increasd their Zeal in its Defence.

You are pleasd to adduce an Instance in 1754 in Addition to that in 1747, which you say "makes it probable, that the House of Representatives rather chose that the Court should sit elsewhere, when a Comittee was chosen to consider of and report a proper place for a Court House at a Distance from Boston". We beg Leave here to observe, that both these are Instances of the House's interresting themselves in this Affair, which your Honor now claims as a Prerogative: If the House were in no Case to have a Voice, or be regarded, in chusing a place to hold the Court, how could they think of building a House in a place, to which they never had been, and probably, never would be called.--

While the House have been from time to time, holding up to View, the great Inconveniencys and manifest Injurys resulting from the Sitting of the Assembly at Cambridge, and praying a Removal to Boston, it is with Pain that they have heard your Honor, instead of pointing out any one good Purpose which can be answerd by it, replying that your Instructions will not permit you to remove the Court to Boston. By a royal Grant in the Charter, in favor of the Commons of this province, the Governor has the sole power of adjourning, proroguing and dissolving the General Court: And the Wisdom of that Grant appears in this, that a person residing in the province, must be a more competent Judge, of the Fitness of the Time, and we may add, the place of holding the Court, than any person residing in Great Britain. We do not deny, that there may be Instances when the Comander in Chiefe, ought to obey the Royal Instructions: And should we also admit, that in ordinary Cases he ought to obey them, respecting the convening, holding, proroguing, adjourning & dissolving the General Court, notwithstanding that Grant; yet we clearly hold, that whenever Instructions cannot by complyd with, without injuring the people, they cease to be binding. Any other Supposition would involve this Absurdity in it, that a Substitute by Means of Instructions from his Principal, may have a greater Power than the Principal himself; or in other Words, that a Representative of a King who can do no Wrong, by means of Instructions may obtain a Right to do Wrong: for that the Prerogative extends not to do any Injury, never has and never can be denyd. Therefore this House are clearly of Opinion, that your Honor is under no Obligation to hold the General Court at Cambridge, let your Instructions be conceivd in Terms ever so peremptory, in as much as it is inconvenient and injurious to the province.--As to your Commission, it is certain, that no Clause containd in that, inconsistent with the Charter can be binding: To suppose, that when a Grant is made by Charter in favor of the people, Instructions shall supercede that Grant, and oblige the Governor to act repugnant to it, vacating the Charter at once, by the Breath of a Minister of State. Your Honor thinks you may safely say, "there is not one of us, who if he was in your Station, would venture to depart from the Instructions ." As you had not the least Shadow of Evidence to warrant this, we are sure you could not say it with Safety: And we leave it with your Honor to determine, how far it is reconcileable with Delicacy to suggest it. In what particulars the holding the General Court at Cambridge is injurious to us and the Province, has already been declared by the House, and must be too obvious to escape your Honors Observation. Yet you are pleasd to tell us, that "the Inconveniences can easily be removd, or are so inconsiderable that a very small publick Benefit will outweigh them"--That they are not inconsiderable, every Days Experience convinces us; nor are our Constituents insensible of them: But how they can be easily removd, we cannot conceive, unless by removing the Court to Boston. Can the publick Offices & Records, to which we are under the Necessity of recurring, almost every Hour, with any Safety or Convenience to the publick be removd to Cambridge? Will our Constituents consent to be at the Expence of erecting a proper House at Cambridge, for accommodating the General Court, especially when they have no Assurance that the next Freak of a capricious Minister will not remove the Court to some other place? Is it possible to have that Communication with our Constituents, or to be benefited by the Reasonings of the people without Doors here, as at Boston? We cannot but flatter ourselves, that every judicious and impartial Person will allow, that the holding the General Court at Cambridge, is inconvenient and hurtful to the Province; Nor has your Honor ever yet attempted to show a single Instance, in which the province can be benefited by it: No good purpose which can be answerd by it, has ever yet been suggested by any one to this House. And we have the utmost Confidence, that our gracious Sovereign, has no Desire to hold the General Court at any place inconvenient to its Members, or injurious to the province; but rather, that he will frown upon those, who have procurd its Removal to such a place, or persist in holding it there.