Chapter III: Part 3

1A resident of London, and at one time sheriff; his relations with the colonists appear in the letters printed in this volume. 2A copy is in S. A. Wells, Samuel Adams and the American Revolution, vol. i. pp. 293, 294. 3The session began September 26 and ended November 20. 4Probably Richard Cary, of Charlestown, Mass. Letters by him are in Papers Relating to Public Events in Massachusetts, pp. 113, 122, 124. 5On November 16; Samuel Adams was a member of the committee. 6The stenographic report of Preston's trial was sent to England, but never published in America. Works of John Adams, vol. ii., p. 236. 7The Trial of the British Soldiers of the 29th Regiment of Foot was published at Boston in 1770, 1807 and 1824, and was reprinted in History of the Boston Massacre, Albany, 1870, pp. 123-285.

THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT-GOVERNOR OF MASSACHUSETTS.1

MAY IT PLEASE YOUR HONOR,

The House of Representatives have heretofore view’d with Concern the deplorable State of the Militia of this Province. But have heretofore refrained from any public mention of it least some Misconstruction should be put upon it.

But by the last Advices from GREAT BRITAIN, the NATIONS of Europe appear to be upon the Eve of a general War; and perhaps America may be the object in the Eye of some of those Naions.

And when some of the Regiments within this Province are destitute of Field-Officers, and many Companies without Captains or Subalterns, the Arms of the Militia we fear are deficient, and military Discipline too much neglected.

Duty to his Majesty, and a Regard to our own Safety constrain us to Address your Honor, praying that you would be pleased (as soon as may be) to fill up the Vacancies in the several Regiments (wherever such Vacancies are) with such Persons as to your Honor shall seem meet: And that your Honor would be pleased to use your Endeavours that the several Officers carefully Discharge the Trust reposed in them. And should any Amendments in, or Addition to the Laws for regulating the Militia of this Province be thought needful, at the next Session of the General Court the House of Representatives will chearfully do all in their Power towards putting the Militia on a respectable Footing.

1On November 19, 1770, Samuel Adams was appointed a member of a committee to draft a message to the Lieutenant Governor with reference to the vacancies in the militia. On the following day Adams reported to the House a draft, which was accepted.

ARTICLE SIGNED “A TORY.”

[Boston Gazette, November 26, 1770.]

I have thought of several things that have taken place since the present a-----n1 began, which must needs have given sensible pleasure to every friend of this province, and possibly were alluded to in a late pr-----n.2 ---In the first place, the friends of government have so far prevailed against the faction, as to get the non-importation plan broke thro’, which had for so long time embarrassed the Ministry in thier laudable efforts to ESTABLISH A REVENUE in the colonies. The consequence of this, it is hoped, will be, that the worthy Commissioners of the customs will be continued; and the troops which have so eminently protected the lives, and reformed the morals of the people, will be reinstated; so that the well-affected may enjoy their places and PENSIONS without molestation from the vulgar. In the next place, our Castle-William is taken out of the hands of the rude natives, and put under the government of regular forces; this was an admirable manoeuvre, which has occasioned the highest joy in the friends of government, (thank his ----- for it) and in proportion damp’d the spirits of the faction. And then, such a grand appearance of tall ships of war in our capital harbour, which were certainly designed to show us the marks of the greatest respect, (for what other end could the wise ministry have had in view) and may serve to make up for the loss of troops, if we should unfortunately not be favoured with more! --There is also the advantage which his H----r the Lt. G-----r must reap from some late instructions, which, no doubt, “are founded in wise reasons,” whereby the great defects in our Charter, which the friends of government have been long complaining of, may be supply’d. --I might mention also, a late remarkable deliverance from death and danger, (blessed a-m-----n!) for it would have been a great discouragement to the efforts of government. --But no more-- these may be thought to be matters of great thankfulness, and may suitably employ our minds at the approaching solemnity.

Your’s

A TORY.

Cambridge, Nov. 20, 1770.

1Administration. 2Proclamation.

TO PETER TIMOTHY1

[MS., Samuel Adams Papers, Lenox Library.]

Boston Novr 21 1770

SIR

Ever since I recd your favr of Sept 222 I have been incessantly employd in the Genl Assembly which met AGREABLE TO INSTRUCTIONS at Har[vard] Coll[ege] in Cam[bridge]. This I hope will be some Apology for my not acknowleging it before.

I had recd a Letter from Mr John Neufville Chairman of the Come of Merchts in Charlestown, inclosing Letters for the Sons of Liberty in Boston Connecticutt & N Hampshire. The two last of which I forwarded as soon as possible to such Gentn in the repsective places as I judgd worthy so excellent a Character. That which was directed for Boston I unseald, professing my self a Son of Liberty but found it was designd for the Trade, with whom I was not connected, but as an Auxiliary in their Nonimportaton Agreement. I therefore deliverd it to the Chairman of the Come here, and it was read with very great Approbation, in a large Meeting of the Body of the people. I desire you wd make my Compts and Apology to Mr Neufville. I verily believd that the Come of Merchants had duly honord his Letter by returning an Answer to it, as they had orderd it to be publishd in our papers; and I candidly suppose they had the same Expectation from me which may be the occasion that the Letter remaind unanswerd.

The Nonimportation Agreemt since the Defection of New York is entirely at an end. From the Begining I have been apprehensive it wd fall short of our Wishes. It was continued much beyond my Expectation: There are here & I suppose every where, men interrested enough to render such a plan abortive. Thro the Influence of the Come & Tories here, Boston had been made to APPEAR in an odious Light; but I wd not have you believe it to be the true Light. The Merchts in general have punctually abode by their Agreemt, to their very great private loss; Some few have found means to play a dishonorable Game without Detection, tho the utmost pains have been taken. The Body of the people remaind firm till the Merchts receded. I am very sorry that the Agreemt was ever enterd into as it has turnd out ineffectual. Let us then ever forget that there has been such a futile Combination, & awaken our Attention to our first grand object. Let the Colonies still convince their implacable Enemies, that they are united in constitutional Principles, and are resolvd they WILL NOT be Slaves; that their Dependance is not upon Merchts or any particular Class of men, nor is their dernier resort, a resolution BARELY to withhold Commerce, with a nation that wd subject them to despotic Power. Our house of reps[sic] have appointed a Come to correspond with our friends in the other Colonies,3 & AMERICAN MANUFACTURES shd be the constant Theme.

Our young men seem of late very ambitious of making themselves masters of the art MILITARY.

1Of Charleston, South Carolina. 2Asking why an earlier letter of the Charleston committee had not been answered. A copy of Timothy’s letter is in S. A. Wells, Samuel Adams and the American Revolution, vol., i., p. 292. 3Consisting of Samuel Adams, John Adams, Hancock, Hall and Cushing; appointed November 7, 1770.

TO STEPHEN SAYRE.

[MS., Samuel Adams Papers, Lenox Library.]

Boston 23 Novr 1770

SIR

Capt Scott being detaind by a contrary Wind, and the General Assembly being now prorogud,1 I have an Opportunity of writing in Addition to my Letter of the 16 Instt & by the same Conveyance.

As soon as I heard of the Death of our worthy Friend Mr De Berdt, I was determind, if the House should come to the Choice of an Agent, to give my Vote for yourself; and I was confirmd in my Resolution when I found by your Letter of the 5 June2 that such an Appointmt would be agreable to you. But being afterwards told by a Friend of yours that you were desirous yourself that Dr Lee might be chosen, which by no means lessened my Opinion of your Merit, & having also a great Opinion of Dr Lee, I thought myself happy in a Conclusion that your Inclination perfectly coincided with my own Judgment. At the same time, such was my Opinion of your honest Zeal for the Rights of America and of your Ability to defend them that I could with equal Satisfaction have voted for Mr Sayer. I am perfectly of your Opinion that no man shd be the object of our Choice who holds any place at the Will of the present Administration; how far the House have been influencd by this Principle you are able to judge.

You will observe by the inclosd papers, to how great a degree ministerial Instructions are enforcd here. They not only prescribe to the Assembly which ought to be free the forms of Legislation in the most essential Parts, but even annihilate the Powers of the Govr vested in him by Charter.3 Could it possibly be imagind that a man who is bone of our Bone, & flesh of our flesh--who boasts that his Ancestors were of the first Rank & figure in the Country, who has had all the Honors lavishly heapd upon him which his Fellow Citizens had it in their power to bestow, who with all the Arts of personal Address professes the strongest Attachmt to his native Country & the most tender feeling for its Rights. Could it be imagind htat such a Man shd be so lost to all sense of Gratitude & publick Love, as to aid the Designs of despotick power for the sake of rising a single step higher.

“Who would not weep if such a Man there be Who would not weep if H-----n were he.”

Aut Caesar aut nullus, is inscribd on the Hearts of some Men who have neither Caesars Learning nor Courage. Caesar three times refusd the Crown; His Heart & his Tongue evidently gave each other the Lye. Our modern GREAT MAN, would fain have it thought that he has refusd a Government, which his Soul is every day panting after & without the Possesion of which his Ambition & Lust of Power will perpetually torment him.

The Intelligence in Your Letter of the 18 Sept which I have just now with pleasure receivd, does not at all surprize me--”His former Letters” “wrote before Bernard embarkd for England” “have been equally oppugnant to the Form of your Govt”--And yet this very Man gives out, that in six months, the Province will be convincd that his Letters are written in defence of our Charter! So I remember Bernard himself, not long before his own Letters returnd, declard to both Houses of Assembly, that if he was at Liberty to make publick the Letters he had written to the several Boards in favor of the Province, his Enemies wd blush.--Why does not this Man make his Letters publick? Would not a Roman Senator have seizd the opportunity of appeasing the Jealousys of the angry Citizens? But the Body of the people are contemptible.4 This People who know not the Law are accursed, said a haughty Jewish priest. It has been his Principle from a Boy, that Mankind are to be governd by the discerning few--and it has ever since been his Ambition to be the Hero5 of the few.

I have long since been of your Opinion that few great Men in Britain are entitled to an American Confidence--They will all in their Turns clamour for us while it is their Interest so to do.--It is the Business of America to take Care of herself--her salvation as you justly observe depends upon her own Virtue. Arts & Manufactures aided by Commerce have raised Great Britain to its present Pitch of Grandeur. America will avail herself by imitating her. We have already seen her troops and AS WE HAVE A PROSPECT OF A WAR I hope I may safely tell you that our YOUNG MEN begin to be ambitious of making themselves perfect Masters of the Art MILITARY. Amidst the innumerable Evils which we complain of from the bad policy of YOUR Ministry, this is the happy Effect of Britains transplanting her Arms in America.

1The prorogation, on November 20, was until January 23, 1771; the next session actually began April 3, 1771. 2Delivered by Richard Cary. A copy is in S.A. Wells, Samuel Adams and the American Revolution, vol. i., pp. 293, 294. 3At this point the words “Good God!” are crossed out. 4Before alteration, this sentence read: “But the Body of the people are too contemptible to be favord with a Sight of them.” 5Originally “Head.”

TO JOSIAH WILLIAMS.

[MS., Samuel Adams Papers, Lenox Library; a text, with variations, is in W. V. Wells, Life of Samuel Adams, vol. i., pp. 341, 342.]

Boston Novr 23 1770

MY DEAR SR

When you embarkd for London I promisd you I would write by the next Ship. I did not write--but it was owing to incessant Avocations at Cambridge & not to an unmindfulness of my promise or a Want of Inclination to fulfil it. I hope ere now you are safe arrivd. You are then a Sojourner in one of the most opulent and most luxurious Cities in the World. Musick is your dear Delight--there your taste will be improvd. But I fear that Discord will too often discompose you, and the rude Clamors against your Country will vex you. I rely upon it that your own good Sense will dictate to you that which will sufficiently vindicate your Country against foul Aspersion whenever you may meet with it; and I cannot entertain the least Doubt but you are possessd with all that patriotick Zeal which will for ever warm the Breast of an ingenuous young Gentleman. Such a Zeal temperd with a manly Prudence will render you respectable in political Circles of Men of Sense. I am sure you will never condescend to be a Companion of Fools. After telling you what I know will be agreable to you, that your friends are well, you must allow me to plead haste & conclude at present with my best Wishes for your Prosperity.

ARTICLE SIGNED “A CHATTERER.”

[Boston Gazette, December 3, 1770.]

We should all remember that British America was well affected to the nation till MINISTERIAL INNOVATIONS occasion’d these Difficulties. Anon.

Instead of submitting to MINISTERIAL GUIDANCE, they seem so far led away by common Sense, and their Regard for the common Welfare, that they have no Reverence for the INSTRUCTIONS and REFINEMENTS of our Ministers. Ibid.

Messieurs PRINTERS,

Some time ago I took the liberty of making a few remarks in my poor manner, upon a SPEECH deliver’d at the close of a session of the General Assembly: I then thought, and still think that I had good right and lawful authority so to do, notwithstanding the rebuke which the VENERABLE Mr. Probus1 then “thought fit” to give me. In imitation of some of my BRETHREN, I solemnly warned my readers, by way of applications, of the danger of certain INSTRUCTIONS, or as they were term’d, “MINISTERIAL MANDATES” we had about that time been told of; which appear’d to me to be equal to that of REVENUE ACTS, or STANDING ARMIES to ENFORCE them: I little thought that these instructions, or mandates, call them what you will, would in their effects have made so rapid a progress, in so short a time, as I find they have since THE PRESENT ADMINISTRATION began: For I perceive that our house of representatives have plainly told the Lt. Governor that “merely in obedience to INSTRUCTIONS, he has made an ABSOLUTE SURRENDER of Castle William to his Majesty’s forces, with a MOST EXPRESS RESIGNATION of his POWER OF GARRISONING the same to Lt. Col. Dalrymple”: and to prove it they recite his Honor’s orders UNDER HIS OWN HAND, to Capt. Phillips, to deliver that Fort into the hands of the commanding officer of his Majesty’s regular forces then upon the island, TO BE GARRISON’D by such detachment as HE SHOULD ORDER! To this indeed his honor says, “There is nothing in the orders which I gave to Capt. Phillips, which does not perfectly consist with my retaining the command of the Castle, and my right to exchange the present garrison for the former or any other, as I shall think proper”: But I must confess, it is mysterious to me, how his Honor can retain the Right to dismiss Col. Dalrymple and his detachment, WHEN HE PLEASES, or exchange the present garrison for any other AS HE SHALL THINK PROPER, after having delivered the fort without any reservation, into the hands of Col. Dalrymple, in consequence of EXPRESS ORDERS from another, to be garrison’d by such detachment AS HE SHALL ORDER. I am not so certain that his Honor, who pays a sacred regard to instructions, will easily be perswaded to exchange the present garrison for the former, or any other, however necessary such exchange may be, without first having leave from the right Hon. the Earl of Hillsborough, as full and EXPRESS as the orders he receiv’d from his lordship to place the present garrison there--Others may reconcile an absolute delegation of power without any reserve, by the express orders of a superior, with a right retain’d in the person who is THUS ORDER’D to delegate, to exercise the same power when he pleases; I have not that INTUITIVE knowledge which some men are said to be bless’d with, and therefore it will not be thought strange if I do not see clearly through this mystery in POLITICS.--The house further observe, that “as his Honor has heretofore repeatedly declared that he has no authority over the King’s troops in the province,2 it was absurd to suppose he COULD have the command of a fort, thus unreservedly surrendered to, and in full possession of such troops”: Which appears to be a just conclusion; for can any one believe that Col. Dalrymple will hold himself oblig’d to march the King’s troops under his command out of that fort, in obedience to the orders of one who has no authority over them? Think not, Mess. Printers, that I am now finding fault: For if his Honor has “in this instance divested himself of a power of governing which is vested in him by the Charter FOR THE SAFETY of the province”, as wiser heads than mine have determin’d, who WILL DARE to find fault? It was done by virtue of instructions; and we are told that instructions from a minister of state come MEDIATELY from the K-----, and his Honor knows that instructions, whatever “coarse epithet” may have been bestow’d upon them, are “founded in very wise reasons”, and ought not to be treated with contempt--HOLT, SOMERS and others, who near eighty years ago laid their heads together to form our Charter, were certainly wise and great men; and King William who gave it was as certainly a wise and good King: But does not the wisdom of my Lord of H-----h far exceed theirs? Pray, does not every measure which he has advis’d, fully evince this to the conviction of all but a few factious fellows here and there. The FRIENDS OF GOVERNMENT are willing to submit WHAT JUDGEMENT THEY HAVE to such profound wisdom; and what if our OLD FASHION Charter should be pared down by INSTRUCTIONS, and a power or two of the G-----r, vested in him FOR THE SAFETY OF THE PEOPLE, should even be annihilated by them, we are only to BELIEVE there are very wise reasons for it, and we shall find that all is for the best.

But it is said that “Mr. Hall the late chaplain (whose deposition was also taken) has not only not given the House the form of words in which his Honor committed the CUSTODY of the Castle “according to the Charter” to Col. Dalrymple, but has substituted words which carry a very different meaning.” --It is strange that Mr. Hall, whom his Honor directed to attend him--I suppose as a witness--should so grosly mistake the meaning of the words. But whatever he may lack in comprehension, memory or VERACITY, he shall, IF HE LIKES IT, be touch’d up with the reputation of a very MODEST KIND OF GENTLEMAN; “he has with GREAT MODESTY declared that he COULD NOT RECOLLECT THE WORDS”--Mr. Hall’s expression is, “PERHAPS I MAY not recollect the words EXACTLY”;--and “could ONLY recollect the impression they made upon his mind”--Here again we find Mr. Hall’s expression to be, “This as far as I can recollect is the impression they made upon my mind.” He spoke upon memory, and if he delivered the SUBSTANCE of what he heard, his not being certain that he recollected the words EXACTLY, is not material--What then is the substance as deliver’d by Mr. Hall UNDER OATH, who has the character both of an honest and a sensible man, altho’ it is said that he substituted words which convey a very different meaning? It is this; “By virtue of authority deriv’d from his Majesty to govern this province, and in consequence of EXPRESS ORDERS from the Right Hon. the Earl of Hillsborough to deliver this fort into the hands of the commanding officer of the King’s troops now upon the island to be garrison’d by such detachment or detachments as HE SHALL THINK PROPER I deliver these keys to you as commanding officer”. If his Honor has a copy of the EXACT FORM OF WORDS, and will favor the publick with it, we shall be able to judge where the difference is, and whether “in our opinion” it is MATERIAL. Perhaps the words “according to the Charter” which I observe are comma’d in his Honor’s reply as emphatical, are omitted by Mr. Hall: But if THEY are a part of the FORM OF WORDS, the house seem to have fully taken them up by affirming that his Honor has no authority either BY THE CHARTER or his commission to delegate the power of garrisoning the Castle to any other person: And “that the SHEW of the authority of the Governor thus held up serv’d only to make the surrender the more solemn and formal.” If then he had no such authority to do it either by Charter or Commission, how could he do it by virtue of the authority deriv’d from his Majesty to govern the province? unless that authority is deriv’d to him to govern, SOLELY by the “EXPRESS ORDERS from the Rt. Hon. the Earl of Hillsborough”--If so, where indeed “is the freedom of the Governor of this province”: I desire to know, how his Honor in delivering the keys of the Castle and the power of garrisoning it to Col. Dalrymple, can be suppos’d to have exercis’d HIS OWN judgment and election, when he declares he did it in consequence of EXPRESS ORDERS from another? And that other does not appear to be his Majesty, but the Rt. Hon. the Earl of Hillsborough --The whole matter that could exercise his judgment, as it appears to me, must have been whether he should deliver the fort to Col. Dalrymple to be garrison’d by such detachment of the regular forces as he should think proper, in obedience to the EXPRESS ORDERS of Lord Hillsborough, or retain the Right of committing the custody and government thereof to such person or persons as to him should seem meet, by virtue of the authority deriv’d from his Majesty to govern the province according to the EXPRESS TERMS of the Charter.

I may venture to say, there has not been an instance of this kind since the date of our Charter; and in the opinion of judicious and unprejudiced persons, it is a matter of very great moment. Our enemies may now have the pleasure of seeing the principal fort & key of the province in the hands of persons who have not the least dependance upon it; the captial environ’d with ships of war; the General Assembly removed from its ancient seat, into the country; and the College, which has been liberally supported by the people for the education of our youth, has been made a seat of government, under a pretence, as it is said, of a prerogative in the Crown, to take up any public buildings;--All by virtue of instructions, which we are implicitly to believe are founded in wise reasons; while the people thro’out the province, whether they are sensible of it or not, are every day contributing to a revenue rais’d by the act of a legislature in which they are not and cannot be represented, and against their most earnest petitions and warmest remonstrances! Surely these are not the blessings of adm-----n for which we are this week to return to Almighty God our unfeigned thanks.

When the public observe that the House had ordered Mr. Hall’s deposition to be published at large, and that his Honor was DULY NOTIFIED TO BE PRESENT at the caption, perhaps it may be thought that the mention that is made of the “care INDUSTRIOUSLY taken by the House to omit the reserve” Mr. Hall had made, because it “did not suit their purpose”, might have been spared. Its not suiting their purpose, might be a sufficient reason for their ommitting it: But possibly his Honor’s manner of introducing it, may be taken be some “to convey a very different meaning.”

As to “the formality of delivering the keys of the fort,” I suppose it to have been in much the same FORM OF WORDS, as is used, when a governor who is recalled, delivers them to another who is to succeed him in the government of the province by his Majesty’s appointment. --Col. Dalrymple accepted them “in consequence of orders from General Gage,” without recognizing any subordination to his Honor. Whether he will ever deliver them to any person, but such as may claim more authority over the King’s troops in the province than the Lieutenant Governor has, I very much doubt.--You shall hear from me again.---

In the mean while, I am yours,

A CHATTERER.

1See above, p. 43. 2The identical words used by that warm friend to this province, the colonies, the nation and all men but himself, Sir F. B. of Nettleham, Baronet.

ARTICLE SIGNED “VINDEX.”

[Boston Gazette, December 10, 1770.]

To the Printers,

The trial of Capt. Preston and the Soldiers who were indicted for the murder of Messrs. Gray, Maverick, Caldwell, Carr and Attucks, on the fatal fifth of March last, occasions much speculation in this Town: And whatever may be the sentiments of men of the coolest minds abroad, concerning the issue of this trial, we are not to doubt, but the Court,1 the Jury, the Witnesses, and the Council on both sides, have conscienciously acquitted themselves: To be sure, no one in his senses will venture to affirm the contrary.

I am free to declare my opinion, that a cause of so great importance, not only to this town, but to all his Majesty’s subjects, especially to the inhabitants of cities and sea-port towns; who are expos’d to have troops posted among them, whenever the present administration shall take it into their heads in his Majesty’s name to send them; such a cause, I say, ought to be fairly stated to the public; that we may from thence learn how far we are bound to submit to every band of soldiers we may meet in the streets, and in what instances we may venture to interpose and prevent their murdering those whom we may think to be innocent persons without being liable to be censured for acting unlawfully, if we escape with our own heads, if we should fall victims to their rage and cruelty.

It was a question put by the chief magistrate of this province to the officer who commanded on that bloody evening. “Did you not know that you should not have fired without the order of a civil magistrate”. And it was sworn in court in the case of Capt. Preston, that he answered, “I did it to save my Sentry”: But whatever his answer was, or however “unsatisfactory” to his Honor, the question plainly implies that it was the judgment of his Honor, that the soldiers could not justify themselves in firing upon the people without the order of the civil magistrate. Yet they did fire without such orders, and killed five of his Majesty’s good subjects; most, if not all of whom were at that time, for aught that has yet appear’d, in the peace of God and the King! They not only fired without the orders of the civil magistrate, but they never called for one, which they might easily have done--They went down of their own accord, arm’d with musquets, and bayonets fix’d, presuming that they were cloath’d with as much authority by the law of the land, as the Posse Comitatus of the country with the high sheriff at their head--How little regard is due to the word fo a m--r, who would fain have flatter’d us into a belief that the troops were sent here to aid the civil magistrate, and were never to act without one? And let me observe, how fatal are the effects, the danger of which I long ago mention’d, of posting a standing army among a free people!

If his Honor was not mistaken in his judgment, and I presume he was not, viz. that it was unlawful for them to fire without the order of the civil magistrate, they were certainly from the beginning, at least very imprudent and fool-hardy, in going down, arm’d as they were, with weapons of death, without the direction of the civil magistrate; especially, if they intended to fire, as I think it is manifest they did.-- When Captain Preston was asked, Whether the soldiers intended to fire, he answer’d they could not fire without his orders: No one will pretend that they had not strength or skill to pull their trickers; but by the rules of the army, their own rules, they were restrained from firing till he first gave them orders: Yet contrary to those very rules they all did fire; all but one, and he did all he could to fire, for his gun flush’d in the pan--it is said that when it was urg’d by the council for the crown, that by the rules of law they ought to have retreated if they were in danger of their lives; it was answered, that by the rules of the army they were chain’d as it were to their post--that they dared not to retreat without the orders of their captain--that in so doing they would have ‘expos’d themselves to a sentence of death in a court martial:’--Yet we have it from great authority that they would have been distracted if they had not fired, upon a supposition that they were in danger; altho’ by the same rules of war they could not have fired any more than they could have retreated, till the captain order’d them; and they expos’d themselves to be shot by the sentence of a court martial if they did fire, as much as they would have done if they had retreated without his order--Certainly it will not be said, it was more becoming the bravery of a British soldier, to stand his ground against the subjects of his own King, and kill them upon the spot, than to have retreated and deserted the glorious cause, and thus have saved the lives of his Majesty’s subsjects.

The behavior of the party as they went from the main guard discover’d an haughty air--they push’d their bayonets and damn’d the people as they went along--and when they arriv’d at their post, one witness who is a young gentleman of a liberal education and an unspotted character, declared, that when they came down there were about ten persons round the sentry--that one of the prisoners whom he particularly named, loaded his gun, pushed him with his bayonet and damn’d him--that about fifty or sixty persons came down with the party, and that he did not observe the people press on. Another declared, that when the soldiers were loading, about a dozen surrounded them, and that several of them struck their guns--that he saw ice or snow balls thrown, but did not apprehend himself or the soldiers in danger by any thing he saw--This witness was very near the soldiers; and will any one wonder, that when the soldiers were to all appearance meditating the death of people by loading their guns, while there was no apparent danger to them, some of the people should strike their guns, to prevent the mischief which they seem’d to be resolv’d upon.

Another declared, that one of the prisoners whom he also named, struck him upon the arm with his bayonet as the party came down before they formed; and that he had then told Capt. Preston that every body was about dispersing--The characters of these witnesses will not be contested. Such a conduct surely did not discover the most peaceable disposition in this lawful assembly of soldiers--One would think that they intended to assassinate those, who they had no reason to think had the least inclination to injure them--If these are not instances of assault, I know not what an assault is: And if they were not an unlawful assembly before, it may well be suppos’d they were at this time doing an unlawful act--an act that to be sure very ill became gentlemen soldiers sent here to curb a rebellious spirit and keep the peace: But there is a colouring at hand; and because this party did not knock a witness down, or run him thro’, who had the audacity to refuse at their sovereign order to move out of the way for them as they pass’d the street from the main guard to the custom-house, tho’ he had then been push’d with a bayonet by one of them, it is sufficient to convince all the world of their lamb-like meekness and immaculate innocence.

I have in a former paper consider’d soldiers when quarter’d in free cities, in the light of other inhabitants, under the same direction of the civil magistrate and the same controul of the law of the land: and that by this law, like all other men, they are to be protected, govern’d, restrain’d, rewarded or punish’d. If then a soldier has the right in common with other men, to arm himself for his defence when he thinks there is a necessity for it, he has certainly no more right then they, to use his weapons of death at random; or at all under a pretence of suppressing riots, or any other pretence, without the presence of the civil magistrate, unless his own life is in danger, and he cannot retreat: Such a liberty would tend to increase the disorder rather than suppress it, and would endanger life rather than save it: In the instances I have mention’d, the lives of the soldiers were not in danger from the men whom they assaulted: This was early in the tragical scene, and it was an assault personally upon those who had not attempted to do them the least injury: How far their lives were in danger afterwards, and who were in fault, shall be the subject of free Enquiry in a future paper.

VINDEX.

1The published report, cited above, p. 60, contains the charge to the jury as given only by Judge Trowbridge and Judge Oliver. All that is extant of Judge Lynde’s charge to the jury is printed in The Diaries of Benjamin Lynde and of Benjamin Lynde, Jr., pp. 228-230.

ARTICLE SIGNED “VINDEX”

To the Printers.

That the trial of the soldiers concern’d in the carnage on the memorable 5th of March, was the most solemn trial that ever was had in this country, was pronounc’d from the bench. To see eight prisoners bro’t to the bar together, charg’d with the murder of five persons at one time, was certainly, as was then observ’d, affecting: But whoever recollects the tragedy of that fatal evening, will I believe readily own that the scene then was much more affecting--There is something pleasing and solemn when one enters into a court of law --Pleasing, as there we expect to see the scale held with an equal hand--to find matters deliberately and calmly weigh’d and decided, and justice administered without any respect to persons or parties, and from no other motive but a sacred regard to truth--And it is solemn as it brings to our minds the tribunal of GOD himself! before whose judgment-seat the scriptures assure us all must appear: And I have often tho’t that no one will receive a greater share of rewards at that decisive day, than he who has approv’d himself a faithful upright judge.

Witnesses who are bro’t into a court of justice, while their veracity is not impeach’d, stand equal in the eye of the judge; unless he happens to be acquainted with their different characters, which is not presum’d--The jury who are taken from the vicinity, are suppos’d to know the credibility of the witnesses: In the late trials the witnesses were most if not all of them either inhabitants of this town or transient persons residing in it, and the jurors were all from the country: Therefore it is not likely that they were acquainted with the characters of all the witnesses; and it is more than probable that in so great a number of witnesses there were different characters, that is, that some of them were more, others less creditable. If then the judge, whose province it is to attend to the law, and who, not knowing the characters of the witnesses, presumes that they are all good, & gives an equal credit to them, it is the duty of the jurors who are sovereign in regard to facts, to determine in their own minds the credibility of those who are sworn to relate the facts: And this in a trial for murder requires great care and attention. I would just observe here, that in the last trial there were not less than eighty- two witnesses for the jury to examine and compare, which was an arduous task indeed! And I will venture further to observe, that some of these witnesses who swore very positively were not so creditable as others, and the testimony of one of them in particular, which was very precisely related & very peremptory, might have been invalidated in every part of it. I shall not at present suggest what I take to be the reason why it was not done. These matters will no doubt have their place in the history of the present times in some future day, when the faithful recorder it is to be hoped will, to use the language of our courts of justice, relate the truth, the whole truth, and nothing but the truth.

It is enough for the jury to receive the law from the bench: They may indeed determine this for themselves; but of facts they are ever the uncontroulable judges. They ought therefore to receive the facts from the mouths of the witnesses themselves, and implicitly from no other: Unless the jury particularly attend to this, they may be in danger of being misled by persons who would be far from doing it with design: For instance, if one should swear that A being foreworn’d against it, levell’d his gun and kill’d B: and afterwards it should be forgot, that the witness also swore that A immediately advanc’d & push’d his bayonet at C, which pass’d between his waistcoat and his skin; if this I say should be forgot, and should be overlook’d by the jury when they are together, perhaps instead of bringing it in murder according to the rules of the law laid down by the bench, they would bring it in manslaughter--I do not here affirm that this has ever been a fact: I mention it as what may hereafter be a fact, and to show the necessity of a jury’s relying upon facts as they receive them from the witnesses themselves, and from them alone.

The furor brevis which we have heard much of, the fury of the blood which the benignity of the law allows for upon sudden provocation, is suppos’d to be of short duration--the shooting a man dead upon the spot, must have stopp’d the current in the breast of him who shot him, if he had not been bent upon killing--an attempt to stab a second person immediately after, infers a total want of remorse at the shedding of human blood; and such a temper of mind afterwards discovers the rancorous malice before, especially if it be proved that the same man had declated that he would never miss an opportunity so to do: If this does not imply malice at first, I do not see but he might have gone on stabbing people in his furor brevis, till he had kill’d an hundred; and after all, it might have been adjudg’d, in indulgence to the human passions, excuseable homicide.

The law in its benignity makes allowance for human passions: But the law is just; and make this allowance upon the principles of justice: It gives no indulgence to malice and rancour against any individual; much less against a community or the human species--He who threatens or thirsts for the blood of the community is an enemy to the publick; and hostis humani generis, the enemy of mankind consummates the villain. I will not take upon myself to say that either of these characters belong to any of the late prisoners--There are two remaining yet in gaol, convicted of manslaughter, and waiting judgment of the court. With regard to one of these, namely, Kilroi, it was sworn that about a week or a fortnight before (the 5th of March, which must be before the affray at the ropewalks, that happening on the 2d) he said he would never miss an opportunity of firing upon the inhabitants, and that he had wanted such--It is said that these might be words spoken in jest, or without any intention, when they were spoken, of acting according to their true import & meaning: But the witness said, he repeated the words several times: And that after he had told him he was a very great fool for saying so, he again declared he would never miss an opportunity.--It appears that the witness himself, as any one might, tho’t him to be in earnest, and rebuked him for saying so; and in truth, none but a madman, or one whose heart was desperately wicked, would repeatedly, especially after such wholesome reproof, have persisted in such a threat; It discovered, to borrow the expression of a very polite & humane gentleman, upon another late occasion, a malignity beyond what might have been expected from a Barbarian.

It was also sworn, that this same Kilroi was with a party of soldiers in the affray at the Ropewalks a few evenings before the 5th of March, --and that they had clubs & cutlasses--That Kilroi was of the party of soldiers that fired in King-street--that as the party came round before they form’d, Kilroi struck a witness upon his arm--and after the firing began, Kilroi struck at the same witness, tho’ he had hear’d nothing said, nor seen any thing done to provoke the soldiers. --Another witness declared, that he saw Kilroi there, that he knew him well before, and was positive it was he--that he heard the word fire, twice, upon which he said to the soldiers, damn you, don’t fire, and Kilroi fired at once, and killed Gray, who had no weapon, and his arms were folded in his bosom. Gray fell at the feet of this witness, and immediately Kilroi pushed his bayonet at the witness, which pass’d thro’ all his clothes, and came out at his surtuit behind, and he was oblig’d to turn round to quit himself of the weapon--the witness suppos’d he designed to kill them both.--How long is this furor brevis, this short hurricane of passion to last in the breast of a soldier, when called, not by the civil magistrate, but by his military officer, under a pretence of protecting a Centinel, and suppressing a Riot? who had taken with him weapons, not properly of defence, but of death, and was calm enough in this impetuosity of anger, to load his gun, and perhaps with design, to level it, for it killed one of the very men with whom he had had a quarrel but a few evenings before: He had now a fair opportunity, which he had wished for, and resolved never to miss, of firing upon the inhabitants. It was said upon the words he uttered, that if all the unjustifiable words that had been spoken by the inhabitants of this town, were to be bro’t in judgment against them, they would have much to answer for.--Those who believe the letters of governor Bernard, the Commissioners of the customs, and some others whom I could name, and will name in proper time, may think so. I dare say, if Bernard could have proved one overt-act of rebellion or treason, after the many things he pretended had been said, and he or his tools could have had any influence, the words if prov’d, would have been adjudg’d to have been said in sober earnest, and would have been considered as material to have shown the malignancy of the heart.

This Kilroi’s bayonet was prov’d to be the next morning bloody five inches from the point. It was said to be possible that this might be occassion’d by the bayonet’s falling into the human blood, which ran plentifully in the street, for one of their bayonets was seen to fall. It is possible, I own; but much more likely that this very bayonet was stab’d into the head of poor Gray after he was shot, and that this may account for its being bloody five inches from the point--Such an instance of Savage barbarity there undoubtedly was.--It was sworn before the Magistrate who first examined into this cruel tragedy, though the witness who then swore it, being out of this province, could not be produced in Court upon the trial. It is not to be wonder’d at that any material witness was out of the way, when it is consider’d that the trial did not come on till the secord term, and nine months after the facts were committed. I shall continue the subject at my leisure.

VINDEX.

Dec. 11th.

ARTICLE SIGNED “VINDEX.”

[Boston Gazette, December 24, 1770.]

To the Printers.

In the late trials of Preston and the Soldiers, it was observ’d that the Court constantly from day to day adjourn’d at noon and at sun-set --Our enemies, who are fruitful in their inventions, may possibly from hence take occasion to represent that it was dangerous for the Court to sit in the tumultuous town of Boston after dark. At the first view it may perhaps bear this complexion in the eye of a prejudiced stranger; for such adjournments in capital causes it may be were never before known here: But the representation would be without the least foundation in truth. It is possible that among other reasons this might be one, that the judges are all of them, to use the words of a good old Patriarch, well stricken in years, and one of them labours under infirmities of Body. I have another observation to make on this occasion, but I reserve it till a future opportunity.

I have already said that the Soldiers in coming down from the main- guard to the custom-house behaved with an haughty air--that they abused the people as they pass’d along--pushing them with their bayonets--and damning them; and when they had got to their post, they in like manner abused and struck innocent persons there who offer’d them no injury--and all this was even before they form’d, in doing which it does not appear to be danger to them or any one else. These facts, I think were prov’d, if we may believe persons of good credit, who declared them upon their oaths in Court:--And that they came down under a pretence of suppressing a riot, without a civil magistrate or peace officer, which ought always to be remembered, no one will dispute.

There was indeed a sort of evidence bro’t into Court, which, if it is at all to be rely’d upon, may serve to invalidate in some measure what has been said--namely the declaration of one of the deceas’d persons, as it was related by a gentleman who dress’d his wounds, and to whom he is said to have declared it. This man, as the doctor testified, told him among many other things, that he saw some Soldiers passing from the main-guard to the custom-house and the people pelted them as they went along. But whether these Soldiers were Preston and his party; or other Soldiers who are mention’d by another witness, as going from the main-guards towards the Centry, having short coats and arm’d with bayonets, swords or sticks, and one of them with a pair of kitchen tongs, chasing the people as they went, must remain an uncertainty--If he meant the former, it is somewhat strange that among all the witnesses on both sides, no one saw the people pelting them as they went along but he. This man confess’d to the doctor that he was a fool to be there--was surprized at the forbearance of the soldiers; believed that they fired in their own defence & freely forgave the man that shot him. But it is to be observed, he did not declare this under oath nor before a magistrate: It was however the dying speech,--very affecting and all, true no doubt; altho’ no one knew the character of this believing penitent either in point of veracity or judgment.--By the testimony of his land-lady in Court, one would not form the best opinion of him; but de mortuis nil nisi bonum.

There were others ready to be sworn, if the Council for the crown had thought it worth while to have bro’t them forward, that they also could relate what this man had told them, viz. that his doctors had encouraged him that he would soon recover of his wounds, and he hoped to live to be a swift witness against the soldiers--Great stress was laid by some upon the simple declaration of this man, who in all probability died in the faith of a roman catholick. This, however, I am apt to think, will not disparage his declaration in the opinion of some great men at home, even tho’ he did not make his confession to a ghostly physician.