Chapter VI: Part 6

ARTICLE SIGNED VINDEX." [Boston Gazette, January 28, 1771]

To the PRINTERS.

In my last, I recollected the testimonies of the witnesses on both sides, who related in court the behavior of the soldiers and the people, on the fatal evening of the fifth of March last. The reader, if he pleases, will judge; whether the people struck the soldiers guns, or threw snow balls or any other thing, or offer'd them the least violence, from their first turning out till they had march'd to the custom-house, abused, threatned, beat and wounded the people, loaded their guns with powder and ball, levelled them, and waved them in an exasperating manner, and gave out that they would fire; for, if Andrew is to be believed, he testified, that when one of the persons talking with the officer, turn'd and said, "they are going to fire ", the people shouted, and said "they dare not fire ", and then they began to throw snow balls. If all these things were done by the soldiers, before the people offer'd them any injury, I would ask, who made the first assault? If there was an unlawful assembly, who were they? Were the people the unlawful assembly, who were collected together, some from an apprehension of fire in the town, and with the necessary preparations, engines and buckets, to have extinguish'd it, if there had been one; others from the more alarming apprehension, that the soldiers had issued from the barracks, as indeed they had done, and that agreable to their threatnings many days before, and their correspondent behavior on that very evening, they were massacreing the inhabitants? Were they, who bore all that insolent and irritating language from the soldiers, as they march'd from the main guard, and before they form'd at the customhouse; who were push'd at, struck with bayonets and wounded, to be charg'd with being the aggressors, because they finally, when they saw them bent upon firing against repeated warnings, took such methods as their understanding dictated to them, in the midst of such a scene, to prevent their "committing so rash an act"? An act, which it was the duty as well as the profess'd design of their officer to have prevented; and which, in the opinion of some, he might have prevented if he would: And yet we find a person of high rank and figure in this province, testifying in court in the case of Capt. Preston, that such was his opinion of the prudence of this same officer, that he should have chosen him out to have commanded upon a like occasion.

I believe, that in ordinary times, if a banditti of men of violence had been seen, with guns loaded and bayonets fix'd, trembling with rage, and ready to fire upon a multitude in the street, it would have been counted meritorious, in any man or number of men, at all events to have disarm'd them; and if death had ensued in the attempt, perhaps it would not have been adjudg'd excuseable homicide or manslaughter. I am sensible it is said by some, that it was the duty of the soldiers to maintain their post: It was sworn by a military officer in court, that "the centinel at the custom-house, was station'd and appointed by the commanding officer, Lieut. Colonel Dalrymple; that they could not stir from their post, and it was at their peril if they did"; and Capt. Preston in his state of the case says, "He sent a party to protect the centinel": But this is military language; to be used in camps and garrison'd towns, not in free cities; in courts martial, and not in courts of common law: It is dangerous to adopt military maxims, however pleasing they may be to some men, and to bring them into use in civil societies: If the centinel had been in danger, as was pretended, the law of the land, to which the most distinguish'd officer in the King's army is subjected, would have protected that centinel: Or, if there had indeed been a dangerous mob, the law would have suppress'd it; and no soldier should have dared to have interfered, as a soldier, without the command of a civil magistrate.

Capt. Preston in his state has said, "The mob still increas'd, and was more outrageous": And what did he say the mob did after they became more outrageous? Why, "they struck their clubs or bludgeons one against another: and called out, come on you rascals, bloody backs, lobster scoundrels, fire if you dare, we know you dare not fire, and much more such language": But surely it will not be said, that all this would justify or excuse their firing: This was after the soldiers had insulted and wounded the people, and had loaded their guns and threatned to fire, as appears by the current evidence; and yet hitherto, by his own account, we find no violence nor even threat offer'd to the soldiers; nothing but hard names and daring them to fire. He adds, "while I was parleying and endeavoring all in my power to perswade them to retire peaceably - they advanced to the points of the bayonets, struck some of them, and even the muzzels of the peices"; which corresponds with the testimonies of some of the witnesses in court before mentioned, who said that while they were loading, the people struck their guns; very probably, however indiscrete it might be, to prevent their firing. He further says "they seem'd to be endeavoring to close in with the soldiers" : This was not mention'd by any witness in court, nor does it seem to be likely: Indeed, I cannot see how Capt. Preston could imagine, that they seem'd to be endeavoring to close in with the soldiers: He says, "he was talking with some well behaved persons, who had asked him whether he intended to order the men to fire": Some of the witnesses mention'd the people's pressing in, and more naturally accounted for it, viz, from a curiosity "to know what was said ". Capt. Preston adds, "while I was thus speaking (with the well behaved persons, and in all likelihood at the very instant, when Andrew testified it was said, they were going to fire) one of the soldiers having received a severe blow with a stick, stepped a little on one side and instantly fired." Upon this, says Capt. Preston, "a general attack was made upon the men": So that there was no general attack, according to his account, till after the firing; which agrees with Mr. Bridgham and other unexceptionable witnesses in court, who declared, that "there was no danger to the soldiers from any thing they saw " -- " no molestation, nor any thing which they thought could produce firing": Indeed, one of the witnesses for the prisoners, Mr. Nath. Russell testified, that "the soldiers were in a trembling situation, and seemed to apprehend themselves in immediate danger of death"; but being interrogated, whether their trembling might not be the effect of rage, he replied, perhaps it might proceed both from fear and rage. If there had been such a general attack as Capt. Preston mentions, after one of the soldiers had actually fired, and the others appear'd to be just ready to fire (for they all discharg'd their guns in a few minutes afterwards) it would have been such an appearance as might naturally have been expected; and therefore Capt. Preston, who, as he says, "followed" the party for that very purpose, should have taken more effectual care than he did to have "prevented so rash an act " - There was time enough for him to have at least prevented the continuance of the firing after the first gun was discharg'd, and consequently to have saved the lives of some of his Majesty's subjects ; for Mr. Bridgham testified, that there was half a minute between the first and the second gun.

It seems by the evidence, that Montgomery, one of the prisoners, was the first who fired: It is probable that he was the man, whom Captain Preston mentions, as having received a blow: The witnesses varied in their testimonies concerning this fact: He was struck with a stick, either flung from behind or otherwise: Some say he was knock'd down; others, that he did not fall: Capt. Preston himself said, "he stepped a little on one side": Mr. Palmes, who gave, I think, the clearest account of this matter, declared, that he saw Montgomery struck; he stepped or sallied back, he could not say which - he did not fall; he was sure he was not knock'd down before he fired; he could not be, & he not see it, for his hand was laid familiarly on Capt. Preston's shoulder, and the soldier stood close to the Captain; he added, that he himself knock'd Montgomery down, after they had all fired; and the reason was, that because even then, he was going to prick him with his bayonet. It seems, the rage of passion in the breast of this soldier, like that in Killroi's, had not abated, after discharging his piece upon the people: His thirst was not even then asswaged:' Upon his attempt, after all the firing, and while numbers were dead on the spot before him, to stab Mr. Palmes, he struck with his stick, and knock'd his gun out of his hand; and then he struck the first man he could, which happened to be Preston: A circumstance related by Preston himself, with this difference; he says he received the blow, as he turned to the man who fired, and asked him why he fired without orders; Mr. Palmes said, it was after all the guns were fired: So that if Mr. Palmes was not mistaken, Capt. Preston did not put that necessary question, till after all the firing was over, tho' there was half a minute's distance between the first and second gun! Mr. Palmes spake upon oath in court; Capt. Preston did not: Which of them was the more disinterested person, the reader will judge. Mr. Palmes mentioned a further struggle between him and Montgomery; and the soldier, after the third attempt to stab him, in missing him fell to the ground, and he escaped with his life. - Mr. Danbrook saw Montgomery fire, and two persons fall - Mr. Bass also saw the same soldier fire; was sure he did not fall before he fired; he stood where he must have seen it; he thought he fell afterwards, which co-operates with Mr. Palmes's testimony. - Mr. Burdick went up to one of the soldiers, whom he took to be the bald man (pointing at Montgomery); asked him whether he intended to fire; he answered, yes by the eternal God! A soldier push'd his bayonet at him, upon which he struck at him a violent blow and hit the cock of his gun; he saw but one thing thrown, and that was a short stick ; he heard a ratling, & took it to be the knocking of the soldiers guns together; for the ground was slippery, and they were continually pushing at the people; after the firing, while the people were taking up the dead, the soldiers began to present and cock their guns, and then the officer said don't fire any more. - Andrew declared, that the soldiers were pushing with their bayonets all the time he was there; and that the people (being advis'd so to do before any gun was discharged) seemed to be turning away to leave the soldiers : he gives a very minute account of three or four person's coming round Jackson's corner, with a stout man at their head - his throwing himself in and making a stroke at the officer - their paying upon each others heads - and the soldiers paying upon the heads of the people too; and concludes this part of his narrative, with the soldiers firing: It seems however, to be the account of the contest between Mr. Palmes and Montgomery, after all the firing was over, as related by Mr. Palmes; and wro't up and embellished, in a manner in which Andrew was said to be capable of doing, and sometimes to have done upon occasions of mirth, and to divert company.

It appears from what has been said, that after the Soldiers had repeatedly put the lives of individuals in danger, by pushing them with their bayonets and stabbing them; and had loaded their guns and threatned to fire upon the multitude indiscriminately, and the people had reason to apprehend they were just about to put their threats into execution, by a stick thrown as is most probable, Montgomery received a blow: That this was tho't by him sufficient provocation to fire upon the people, by which one of the witnesses said, two persons were killed; that Capt. Preston, at so alarming a juncture took no method to prevent the rest from firing, if what was testified, in court is to be credited; or, if his own account must be rely'd upon, he exerted no authority over his men, but used expostulations only: "I asked him (who first fired and as soon as he had fired) why he fired without order"; very faintly said indeed, by a gentleman in command, and who had followed the party to "prevent their committing a rash act": What ensued was enough to show, either that he had no command over the men, or that they did not apprehend he was much adverse to their firing; for they soon after fired, and as we are told, without orders - That after they had all fired, Montgomery made three attempts to stab Mr. Palmes, who defended himself, and with difficulty escaped with his life - That the Soldiers had even at that time, again loaded their guns and were then, ready to repeat the bloody "action", and fire upon the people as they were taking care of the dead! Then, for the first time, we hear of a positive order from Capt. Preston "don't fire anymore": His order before should have been, "don't fire by any means ", or some other order equivalent to the last, and more regular perhaps than either. - It further appeared by the evidence in court, that when the first gun was fired, the people began to disperse: Mr. Bridgham, whose testimony I presume, will not be disputed, said "they retired after the first gun": Was it not then "such malignity as might hardly have been expected from barbarians," to continue firing! Astonishing as it may be to humanity, this they did: And being resolved to do further execution, Mr. Williams, a person of known credit, testified, that "they waved their guns at the people as they ran": And what, if possible, is still more barbarous, the last man that fired, as Mr. Bridgham testified, "level'd his gun at a boy, and mov'd it along, with the motion of the lad"; which testimony, if it needs it, is confirmed by that of Mr. Helyer: Both agreed that the lad was not wounded.

"I shall make no further comments; there needs none": I will just say, that however safely Philanthrop may speak, when he tells us, that "no individual can have a right, openly to complain or murmur"; if the times at present were even such, as not to allow one openly to declare the utmost detestation of such slavish doctrine, I would still venture to declare my opinion to all the world, that no individual is bound, nor is it in the power of the tyrants of the earth to bind him, to acquiesce in any decision, that upon the best enquiry, he cannot in his conscience approve of. I pretend not to judge the hearts of men: The "temptations that some men could be under, to act otherwise than conformably to the sentiments of their own hearts" are obvious: But I would ask Philanthrop, whether, if a man should openly say, that those temptations have had their genuine effects, he would not expose himself to have a bill of information filed against him, by the attorney general, and to be dealt with in a summary way.

As it was published to the world by Mr. Draper, that the witnesses in the trial of the custom-house officers, were not credited, I may possibly hereafter, when I shall be more at leisure, make that the subject of a free enquiry.

VINDEX.

TO CHARLES LUCAS.1

[MS., Samuel Adams Papers, Lenox Library; the text is in W. V. Wells, Life of Samuel Adams, vol. i., p. 383.]

BOSTON [March 12] 1771

SIR

Your Letter of the 1 Sept 1770 has been laid before the Town of Boston at their annual Meeting & attended to with great Satisfaction, and we are appointed a Committee to return a respectfull Answer. Accordingly we take this Opportunity in Behalf of the Town to acknowledge the kind Sentiments your Letter expresses towards us and to intreat you to employ your Abilities for our Advantage whenever a favorable Opportunity may present. We are very sensible that you have an arduous Task in resisting the Torrent of Oppression & arbitrary Power in Ireland: a kingdom where the brutal power of standing Armies, & the more fatal Influence of pensions & places has left, it is to be feard, hardly any thing more than the Name of a free Constitution. We wish you Strength & fortitude to persevere in patriotick Exertions. Your Labour will meet with its immediate & constant Reward, in the most peaceful & happy Reflections of your own mind amidst the greatest discouragements; and be assured that the Man who nobly vindicates the Rights of his Country & Mankind shall stand foremost in the List of fame.

1 Of Dublin. Cf. Dictionary of National Biography, vol. xxxiv., p. 231. The committee which reported this letter was appointed March 12, and consisted of James Bowdoin, Joseph Warren, Samuel Pemberton, Richard Dana and Adams. Boston Record Commissioners' Report, vol. xviii., p. 46. Franklin wrote to Bowdoin, January 13, 1772: "In Ireland, among the Patriots, I dined with Dr. Lucas." J. Bigelow, Complete Works of Benjamin Franklin, vol. iv., p. 439.

TO ARTHUR LEE.

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

BOSTON April 19 1771.

SIR

Your Letter of the 31 Decr which I receivd by Cap Scott a few days past affords me great Satisfaction; especially as it promises a Correspondence which I dare say will be carried on with an Openness & Sincerity becoming those who are anxiously concernd for the publick Liberty at so alarming a Crisis.1 Perhaps there never was a time when the political Affairs of America were in a more dangerous State; Such is the Indolence of Men in general, or their Inattention to the real Importance of things, that a steady & animated perseverance in the rugged path of Virtue at the hazard of trifles is hardly to be expected. The Generality are necessarily engagd in Application to private Business for the Support of their own families and when at a lucky Season the publick are awakened to a Sense of Danger, & a manly resentment is enkindled, it is difficult, for so many separate Communities as there are in all the Colonies, to agree in one consistent plan of Opposition while those who are the appointed Instruments of Oppression, have all the Means put into their hands, of applying to the passions of Men & availing themselves of the Necessities of some, the Vanity of others & the timidity of all.

I have long thought that a Design has been on foot to render ineffectual the Democratical part of this Government, even before the province was cursd with the Appointment of Bernard, and so unguarded have the people been in former times, so careless in the Choice of their representatives as to send too many who either through Ignorance or Wickedness have favord that Design. Of late the lower house of Assembly have been more sensible of this Danger & supported in some Measure their own Weight, which has alarmd the Conspirators and been in my opinion the true Source of Bernards Complaint against them as having set up a faction against the Kings Authority. The 4 Judges of the Supreme Court, the Secretary & the Kings Attourny who had been Councellors were left out at the annual Election in 1766; this gave great offence to the Govr, and was followd with two Speeches to both Houses perhaps as infamous & irritating as ever came from a Stuart to the English parliamt.2 Happy indeed it was for the Province that such a Man was at the Head of it, for it occasiond such a Jealousy & Watchfulness in the people as prevented their immediate & total Ruin.

The plan however is still carried on tho in a Manner some what different; and that is by making the Governor altogether independent of the People for his Support; this is depriving the House of Representatives of the only Check they have upon him & must consequently render them the Objects of the Contempt of a Corrupt Administration. Thus the peoples Money being first taken from them without their Consent, is appropriated for the Maintenance of a Governor at the Discretion of one in the Kingdom of Great Britain upon whom he absolutely depends for his Support. If this be not a Tyranny I am at a Loss to conceive what a Tyranny is. The House of Representatives did a few days since, grant the Govr the usual Sum for his Support and it is expected that this Matter will be made certain upon his refusal of it. The Govr of New York was explicit at the late Session of their Assembly, upon the like Occasion: But I confess I should not be surprisd if our good Govr, should accept the Grant & discount it out of what he is to receive out of the Kings Chest; thinking it will be conceivd by the Minister as highly meritorious in him, in thus artfully concealing his Independency (for the Apprehension of it is alarming to the people) & saving 1000 Pounds sterling of the revenue at the same time.

While the Representative Body of the people is thus renderd a mere Name, it is . . . considerd that the other Branch of the Legislative tho annually elective, is at the same time subject to the Governors Negative: A Consideration which I doubt not has its full Weight in the minds of some of them at least, whenever any Matter comes before them which they can possibly think will affect the Measures of Administration. You will easily conjecture how far this may tend to annihilate that Branch or produce Effects more fatal.

It seems then that we are in effect to be under the absolute Governm' of one Man - ostensively the Governor of the province but in Reality some other person residing in Great Britain, whose Instructions the Govr must punctually observe upon pain of forfeiting his place. So that any little advantage that might now & then arise from his happening to form Connections with wise Men in the province are totally lost. As Matters are now circumstancd he must associate with Pensioners, Commissioners of the Customs Officers of the Army & Navy, Tools Sycophants &c who together with him are to make such representations as to them shall seem meet, & joyntly if Occasion shall require it, execute such Orders as they shall from time to time receive. Such is to be the happy Government of free British Subjects in America. I will however do Govr Hutchinson the Justice to say that tho he may 3 . . yet he has a very natural Connection with some of the principal Gentlemen Inhabitants of the province for his Excellencys own Brother is a Justice of the Superior Court, & also a Judge of the probate of Wills & he has also a Brother by marriage upon the same superior Bench. Moreover the Lt Govr is his Brother by marriage who has an own Brother & a Brother by marriage who are justices of the Superior Court. As these Gentlemen are Natives of the province it is hoped the Channells of Justice will remain unpolluted notwithstanding his Excellencys other Connections.

1 On January 10, 1771, Lee wrote to Adams: Our friend Mr. Sayre has done me the favour of communicating to me your very obliging invitation to a correspondence."-R. H. Lee, Life of Arthur Lee, vol. i., p. 249. 2 See Vol. I., pages 79, 83. 3 At this point the words "mar a State of Absolute Independency in both Houses of Assembly" are erased in the draft.

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR.

[MS., Samuel Adams Papers, Lenox Library; a text, with modifications, is in Massachusetts State Papers, pp. 296, 297; a text is also in Journal of the House of Representatives, 1770-1771, pp. 241, 242.]

In the House of Representatives April 24 1771

Orderd that Mr Hancock Mr Adams Mr Ingersol of Great Barrington Capt Brown & Capt Darby be a Committee to wait on his Excellency the Governor with the following Answer to his Speech to both Houses at the Opening of this Session.

May it please your Excellency.

The House of Representatives have given all due Attention to your Speech to both Houses at the Opening of this Session.

The violent proceedings of the Spanish Governor of Buenos Ayres in dispossessing his Majestys Subjects of their Settlement at Port Egmont, has raisd the Indignation of all, who have a just Concern for the Honor of the British Crown. Such an Act of Hostility, we conceive could not but be followd with the most spirited Resolution on the part of the British Administration, to obtain a Satisfaction fully adequate to the Insult offerd to his Majesty, & the Injuries his Subjects there have sustaind. Your Excellency tells us that it is probable Satisfaction may have been made; for this Hostile act of the Spaniards: If it is so, the publick Tranquility of his Majestys Dominions so far as it has been disturbd, by this unwarrantable Proceeding, is again restored; and therefore it seems to us reasonable to suppose, that the proposd Plan of Augmentation of Troops on the British Establishment is already receded from ; which renders any Consideration upon that Subject on our part unnecessary.

We owe our Gratitude to his Majesty for his repeated Assurances expressd to your Excellency by his Secretary of State, that the Security of his Dominions in America, will be a principal Object of his most gracious Care & Attention. This Province has frequently in times past expended much Blood & Treasure for the Enlargement as well as the Support of those Dominions: And when our natural & constitutional Rights & Liberties, without which no Blessing can be secure to us, shall be fully restord & establishd upon a firm Foundation, as we shall then have the same Reasons and Motives therefor as heretofore, we shall not fail to continue those Exertions with the utmost Chearfulness & to the Extent of our Ability.

As your Excellency has no particular interior Business of the Province to lay before us, it would have given us no uneasiness, if an End had been put to the present Assembly, rather than to have been again called to this Place: And we are unwilling to admit the Beliefe, that when the Season for calling a new Assembly agreable to the Charter shall arrive, your Excellency will continue an Indignity, & a Grievance so flagrant & so repeatedly remonstrated by both Houses as the Deforcement of the General Assembly of its ancient & Rightful Seat.1

Your Excellency is pleasd to acquaint us in Form, that you have receivd his Majestys Commission appointing you Captain General & Commander in Chiefe in and over the Province. Your having had your Birth & Education in this Province, and sustaind the highest Honors which your Fellow Subjects could bestow, cannot fail to be the strongest Motives with your Excellency to employ those Powers which you are now vested with, for his Majestys real Service & the best Interest of this People. The Duties of the Governor & Governed are reciprocal: And by our happy Constitution their Dependence is mutual: Nothing can more effectually produce & establish that Order and Tranquility in the Province so often disturbd under the late unfortunate Administration: Nothing will tend more to conciliate the Affections of this People, & ensure to your Excellency those Aids which you will constantly stand in Need of from their Representatives, than, as a wise and faithful Administrator to make Use of the publick Power, with a View only to the publick Welfare: And while your Excy shall religiously regard the Constitution of this Province; while you shall maintain its fundamental Laws, so necessary to secure the publick Tranquility, you may be assured, that his Majestys faithful Commons of this Province, will never be wanting in their utmost Exertions to support you in all such measures, as shall be calculated for the publick Good, & to render your Administration prosperous & happy.

1 On April 3 the House had appointed a committee, and on April 4 two committees, in connection with the requests to the Governor to remove the General Court to Boston. Adams was a member of each of these committees.

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS TO THE GOVERNOR.1

[MS., Samuel Adams Papers, Lenox Library; a text, with modifications, is in Massachusetts State Papers, p. 298; a text is also in Journal of the House of Representatives, 1770-1771, p. 246.]

In the House of Representatives April 25 1771

Orderd that Mr Saml Adams Brig Ruggles Mr Hersy Coll Bowers & Mr Godfrey be a Committee to wait on his Excellency with the following message.

May it please your Excellency.

The House of Representatives after Enquiry of the Secretary cannot be made certain whether you have yet given your Assent to two Bills which were laid before your Excellency early in this Session: The one for granting the Sum of five hundred and Six pounds for your Services when Lieutenant Governor and Commander in Chiefe; and the other for granting the usual Sum of Thirteen hundred Pounds to enable your Excellency, as Governor, to carry on the Affairs of this Province.

And as your Excellency was not pleasd to give your Assent to another Bill passd in the last Session of this Assembly, for granting the Sum of three hundred & twenty five pounds for your Services, when in the Chair, as Lieutenant Governor, the House are apprehensive that you are under some Restraint; and they cannot account for it upon any other Principle, but your having Provision for your Support, in some new and unprecedented manner. If the Apprehensions of the House are not groundless, they are sollicitous to be made certain of it, before an End is put to the present Session;2 and think it their Duty to pray your Excellency to inform them, whether any provision is made for your Support, as Governor of this Province, independent of his Majestys Commons in it.

1 On April 24, Adams moved that the House send a message to the Governor asking whether provision had been made for his support independently of the legislature. The motion was carried, and Adams was named as the first member of the committee to prepare such a message. On April 25, he was named as the first of a committee to present the message to the Governor. 2 The General Court was dissolved on April 26.

ARTICLE SIGNED "CANDIDUS."

[Boston Gazette, June 10, 1771.]

Messieurs EDES & GILL,

BENEVOLUS, in Mr. Draper's Gazette seems to have no doubts in his mind, but that "a general air of satisfaction arising from the accounts given in the last Monday's papers of the present state of our publick affairs will shew itself universally thro' the province." I have no inclination to disturb the sweet repose of this placid gentleman; but I must confess I see no cause for such a general air of satisfaction from those accounts, and I will venture to add, that there is no appearance of it in this town - Does Benevolus think it possible for the good people of this province to be satisfied, when they are told by the Governor, as appears by the last Monday's papers, that he is restrained from holding the court in its antient, usual and most convenient place without his Majesty's express leave? Does not the charter say that the Governor shall have the power of acting in this matter "as he shall judge necessary"?

Is it not of great importance to the welfare of the province that the Governor should be vested with such a power, and that he should exercise it without restraint? While he is, or thinks himself fetter'd, by an absolute instruction to hold the assembly out of the town of Boston, to the inconvenience of the members. and the injury of the people, as the present House of Representatives express it, can he be said to have the free exercise of all the powers vested in him by the charter, which is our social compact? Will it yield such a general satisfaction to the people as Benevolus expects, to see their Governor thus embarrass'd in his administration, and to hear him expressly declaring, that he must ask leave, and be determin'd by the judgment of another in the matter in which it is his indispensible duty to act with freedom, and by the determination of his own judgment. - Is not this power devolv'd upon him by the constitution of the province for the good of the people? Is it not a beneficiary grant, and therefore a right of the people? And if instructions may controul him in the exercise of one charter right, may they not controul in the exercise of any or every one? And yet Benevolus would fain have it thought that there is a general satisfaction in the town of Boston arising from this account, and doubts not but it will run thro' the province. Does not the present House of Representatives in their Remonstrance to the Governor against the holding the assembly at Cambridge, instead of "departing from the principles" as Benevolus would insinuate, adopt the remonstrances of the two houses of the last year as founded upon just principles? Do they not tell his Excellency that the holding the assembly at Cambridge "was consider'd as a GRIEVANCE by the people in general in the province; and that while it is continued it will have a tendency to prevent a restoration of that harmony, between the several branches of the general assembly, which is so earnestly to be desired by all good men"? And is it so pleasant a story to be told to the people of the province, that the Governor either cannot, or will not, remove a Grievance of so fatal a tendency, though expressly vested by the charter with the power of doing it if he pleases, without asking leave to do it? How then can Benevolus possibly entertain the least hopes that a general air of satisfaction will run thro' the province? Is not this Instruction a novelty? Was ever a Governor before thus restrain'd? And is it not a mortifying circumstance that a gentleman from whom the clergy of the province, (I mean the goodly number of SEVENTEEN out of near four hundred in the province, full seven eighths of whom never heard that an address was intended) have express'd the most sanguine expectations as being born and educated among us, and who we are told accepted the government with great reluctance, should submit to be shackled with an instruction so grievous to the people while it is obey'd: And if HE is as resolv'd as any other Governor would be, to make Instructions the rule of his governing, and give them the force of laws in this province, as he certainly appears to be, what "distinguishing mark of favor" is it, or what satisfaction can it afford the people in general, that "a native of the province is appointed to preside over it"? - Surely Benevolus must either be totally inadvertent to the accounts of the state of our publick affairs as given to us in the last Mondays papers, or he must have altogether confided in the accounts of a confused writer in the Evening-Post, who in the old stile of the hackney'd writers in Bernard's administration, tells us that FACTION is now at an end; and with an awkward air of gravity insinuates, that the people, after having nobly struggled for their freedom, are, under the benign influence of the present administration, "returning to their right senses ". A firm and manly opposition to the attempts that have been made, and are still making, to enslave and ruin this continent, has always been branded by writers of this stamp, with the name of a FACTION. Governor Bernard used to tell his Lordship, that it was an "expiring faction"; with as little reason it is now said to have given up the ghost: Gladly would some, even of the Clergy, persuade this people to be at ease; and for the sake of peace under the administration of "a son of the province", to acquiesce in unconstitutional revenue acts, arbitrary ministerial mandates, and absolute despotic independent governors, &c. &c. But the time is not yet come; and I am satisfied that, notwithstanding the address of a few who took the opportunity to carry it through, while only the small number of twenty-four were present, there is in that venerable order a great majority, who will not go up to the house of Rimmon, or bow the knee to Baal.

CANDIDUS.

ARTICLE SIGNED "CANDIDUS."

[Boston Gazette, June 17, 1771.]

Messieurs EDES & GILL,

It is not very material whether the Address of the Convention of the Clergy, as it is called by the Layman, in Mr. Draper's last Paper, was the Act of seventeen or twenty three Gentlemen, or whether there were only twenty-four or thirty present, when the Vote was procured. - Be it as it may, it is a Question, why this Matter was bro't on and finished so early, and when so small a Number as thirty, if so many, were present. - It is said that after the Address was Voted, the Number increased to Sixty; and upon a Proposal to reconsider the Vote, "not above Ten of that Number voted for such Reconsideration." Allowing this to be the Case, it appears, that not more than one in seven of the Congregational Clergy of this Province were at the Meeting, and in all Probability seven-eighths of that Denomination never heard that an Address was intended; for I am told, that upon a moderate Computation, their Number in the Province is at least upwards of Four-Hundred. I should be glad therefore, if the Reverend Doctor who presided at the Meeting, would inform us, with what Propriety the World is told, that this was "the Address of the Congregational Ministers of the Province."

For my own Part, I pay very little Regard to Addresses to Great Men: Whenever they appear to be but the Breath of Flattery, they must be offensive to the Ears of any Man who has the Feelings of Truth and Sincerity in his own Breast. -There is no Question but the Clergy have a Right to address whom they please; and it is not strange to find some of them ready to make their Compliments to a Governor - It is in Course: But of all Men, we are to expect from them, even upon such Occasions, Examples of that Simplicity and godly Sincerity, which we so often hear them inculcate from the Pulpit - I do not pretend to charge them with a Failure in this Instance: But I cannot help thinking, that rather more of those excellent Christian Graces would have appeared in these Reverend Addressers, if they had ascertained the Number present. This might have prevented a Mistake in many of the distant Readers, who may possibly conceive that "so kind, so affectionate an Address," contained the declared Sentiments of a Majority at least of the "respectable and venerable" Body of the Clergy of the Province; which cannot be true, if in Fact not more than a seventh Part of them knew any Thing about it - I am with due Veneration for "the Congregational Ministers of the Province."

CANDIDUS.

THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS

TO BENJAMIN FRANKLIN.1

[Boston Gazette, July 29, 1771; a text from the Bowdoin MS. is in Proceedings of Massachusetts Historical Society, Ser. I., vol. viii., pp. 468-473.]

PROVINCE OF MASSACHUSETTS BAY,

June 29, 1771.

SIR,

Your letter of the 5th of February2 has been laid before the House: The contents are important and claim our fixed attention.

We cannot think the doctrine of the right of Parliament to tax us is given up, while an act remains in force for that purpose, and is daily put in execution; and the longer it remains the more danger there is of the people's becoming so accustomed to arbitrary and unconstitutional taxes, as to pay them without discontent; and then, as you justly observe, no Minister will ever think of taking them off, but will rather be encouraged to add others. - If ever the provincial assemblies should be voluntarily silent, on the Parliament's taking upon themselves a power thus to violate our constitutional and Charter Rights, it might be considered as an approbation of it, or at least a tacit consent, that such a power should be exercised at any future time. It is therefore our duty to declare our Rights and our determined Resolution at all times to maintain them: The time we know will come, when they must be acknowledged, established and secured to us and our posterity.

We severely feel the effects, not of a revenue raised, but a tribute extorted, without our free consent or controul. Pensioners and Placemen are daily multiplying; and fleets and standing armies posted in North America, for no other apparent or real purpose, than to protect the exactors and collectors of the tribute; for which they are to be maintained, & many of them in pomp & pride to triumph over and insult an injured people, and suppress if possible, even their murmurs. And there is reason to expect, that the continual increase of their numbers will lead to a proportionable increase of a tribute to support them. What would be the consequence? Either on the one hand, an abject slavery in the people, which is ever to be deprecated; or, a determined resolution, openly to assert and maintain their rights, liberties and privileges. The effects of such a resolution may for some time be retarded by flattering hopes and prospects; and while it is the duty of all persons of influence here to inculcate the sentiments of moderation, it will in our opinion, be equally the wisdom of the British administration, to consider the danger of forcing a free people by oppressive measures into a state of desperation. We have reason to believe that the American Colonies, however they may have disagreed among themselves in one mode of opposition to arbitrary measures, are still united in the main principles of constitutional & natural liberty; and that they will not give up one single point in contest of any importance, tho' they may take no violent measures to obtain them. - The taxing their property without their consent, and thus appropriating it to the purposes of their slavery and destruction, is justly considered, as contrary to and subversive of their original social compact, and their intention in uniting under it: They cannot therefore readily think themselves obliged to renounce those forms of government, to which alone for the advantages imply'd or resulting, they were willing to submit. We are sensible, as you observe, that the design of our enemies in England, as well as those who reside here, is to render us odious as well as contemptible, and to prevent all concern for us in the friends of liberty in England; and perhaps to detach our Sister Colonies from us, and prevent their aid and influence in our behalf, when the projects of oppressing us further and depriving us of our Rights by various violent measures, should be carried into execution. In this however, we flatter ourselves they have failed: But should all the other Colonies become weary of their liberties, after the example of the Hebrews, this Province we trust, will never submit to the authority of an absolute government.

We are now led to take notice of another fatal consequence, which we are under strong apprehensions will follow from these parliamentary revenue laws; and that is, the making the governors of the colonies, and other officers, independent of the people for their support. You tell us there is no doubt of such intention, and that it will be persisted in, if the American revenue is found sufficient. We are the more inclin'd to believe it, not only because the governor of the province of New-York has openly declared it with regard to himself, to the assembly there; but because the present governor of this province has repeatedly refused to accept of the usual grant for his support, tho' he has not been so explicit as to assign a reason for it. The charter of this province recognizes the natural Right of all men to dispose of their property: And the governor here, like all other governors, kings and potentates, is to be supported by the free grants of the Representatives of the people. Every one sees the necessity of this to preserve the balance of power and the freedom of any state: A power without a check, is subversive of all freedom: If therefore the governor, who is appointed by the crown, shall be totally independent of the free grants of the people for his support, where is the check upon his power? He becomes absolute and may act as he pleases: He may make use of his power, not for the good of those who are under it, but for his own private separate advantage, or any other purpose to which he may be inclined, or instructed by him upon whom alone he depends. Such an independency threatens the very being of a free constitution; and if it takes effect, will produce and firmly establish a tyranny upon its ruin. The act of parliament of the 7 Geo. 3.3 intitled, "An act for granting certain duties in the Colonies, &c." declares That it is expedient that a revenue should be raised in his Majesty's dominions in America, for making more certain and adequate provision for the defraying the charge of the administration of justice, and the support of civil government in such colonies where it shall be found necessary; and, towards further defreying the expences of defending, protecting and securing the said dominions. - These are the very purposes for which this government by the Charter is empowered to grant taxes: So that by the act aforementioned, the Charter is in effect made void. Agreeable to the design of that act, the governor it seems is first to be made independent; and in pursuance of the plan of despotism, the judges of the land, and all other important civil officers, successively: Next follows an independent military power, to compleat the ruin of our civil liberties. - Let us then consider the power the Governor already has, and his Majesty's negative on all our acts, and judge whether the purposes of tyranny will not be amply answered! Can it be expected that any law will pass here, but such as will promote the favourite design? And the laws already made, as they will be executed by officers altogether dependent on the crown, will undoubtedly be perverted to the worst purposes. The governor of the province, and the principal fortress in it, are probably already thus supported. These are the first fruits of the system: If the rest should follow, it would be only in a greater degree, a violation of our essential, natural rights. For what purpose then will it be to preserve the old forms without the substance? In such a state, and with such prospects, can Britain expect anything but a gloomy discontent in the Colonies? Let our fellow-subjects there recollect, what would have been their fate long ago, if their ancestors had submitted to the unreasonable and uncharitable usurpations, exactions and impositions of the See of Rome, in the reign of Henry the VIII. Soon would they have sunk into a state of abject slavery to that haughty power, which exalteth itself above all that is called God: But they had the true spirit of liberty, and by exerting it, they saved themselves and their posterity; The act of parliament passed in the 25th of that reign,4 is so much to our present purpose, that we cannot omit transcribing a part of it, and refer you to the statute at large. In the preamble it is declared, that "the realm of England hath been and is free from subjection to any man's law but only to such as have been devised, made and ordained within the realm for the wealth of the same." And further, "it standeth therefore with natural equity and good reason, that in every such law humane made within this realm by the said sufferance, consents and customs, your Royal Majesty and your Lords spiritual and temporal and Commons representing the whole state of your realm in this your Majesty's high court of parliament, hath full power and authority, not only to dispense, but also to authorize some elect person or persons to be sent to dispense with those and all other humane laws in this your realm, and with every one of them, as the quality of the persons and matter may require. And also the said laws and every one of them to abrogate, annul, amplify or diminish, as it shall seem to your Majesty and the Nobles and Commons of your realm present in parliament meet and convenient for the wealth of your realm. And because that it is now in these days present seen, that the state, dignity and superiority, reputation and authority of the said imperial crown of this realm, by the long sufferance of the said unreasonable and uncharitable usurpation and exaction is much and sore decayed, and the people of this realm thereby much impoverished." It is then enacted, that "no person or persons of the realm, or of any other his Majesty's dominions, shall from henceforth pay any pensions, censes, portions, peter pence, or any other impositions to the use of the said Bishop of the See of Rome; but that all such pensions, &c. which the said Bishop or Pope hath heretofore taken - shall clearly surcease, and never more be levied or paid to any person or persons in any manner or wise." - Nothing short of the slavery and ruin of the nation would have been the consequence of their submitting to those exactions: And the same will be the fate of America, if the present revenue laws remain, and the natural effect of them, the making governors independent, takes place.

It is therefore with entire approbation that we observe your purpose freely to declare our Rights, and to remonstrate against the least infringement of them. The capital complaint of all North-America, hath been, is now and will be until relieved, a subjugation to as arbitrary a tribute as ever the Romans laid upon the Jews, or their other colonies: The repealing these duties in part is not considered by this house as a renunciation of the measure: It has rather the appearance of a design to sooth us into security in the midst of danger: Any species of tribute unrepealed, will stand as a precedent, to be made use of hereafter as circumstances and opportunity may admit: If the Colonies acquiesce in a single instance, it will in effect be yielding up the whole matter and controversy. We therefore desire it may be universally understood, that altho' the tribute is paid, it is not paid freely: It is extorted and torn from us against our will: We bear the insult and the injury for the present, grievous as it is, with great impatience; hoping that the wisdom and prudence of the nation will at length dictate measures consistent with natural justice and equity: For what shall happen in future, We are not answerable: Your observation is just, that it was certainly as bad policy, when they attempted to heal our differences, by repealing part of the duties only, as it is bad Surgery to leave splinters in a wound which must prevent its healing, or in time occasion it to open afresh.