Chapter XIII: Letter IV: Roxbury, April 14, 1773 (2)

Mr. _Temple_ was excepted, for he was not obnoxious to the populace, being averse to the establishment of the board of commissioners, which lessoned both his salary and his power. He wished the dissolution of it and to be restored to his former place of surveyor general of the customs. Though the rest of the commissioners could not have returned to have executed their commission with safety, they might most probably have returned and been safe, had they declined executing the same, which however was not to be expected. They continued at, but were not confined to the castle. They rode adout the country at pleasure, without any interuption from the people.

[June 15.] The commissioners wrote to general Gage, colonel Dalrymple, and commodore Hood, desiring troops to support them in their office. Whatever this application might contribute toward the sending of them, yet it certainly did not give rise to it. Measures had been taken to procure them long before. Mr. _Paxton_, when in London the preceding year, told Mr. _Bollan_ repeatedly, that Mr. _Hutchinson_ and some other of his friends were of opinion, that standing troops were necessary to support the authority of the government at Boston; and that he was authorised to inform him of this their opinion. Most probably he was authorised to inform others also. Mr. _Bollan_ was against sending troops, and when there was a talk of doing it, endeavoured to prevent it, and freely related to a gentleman of considerable influence, what some of the principal merchants said, that they who should send over the standing troops, would certainly be cursed to all posterity.[98] But the disposition of some to try the experiment was strengthened by a letter from the commissioners to the lords of the treasury, received before the riot happened; and rendered efficacious upon the arrival of governor _Bernard_’s letters at the secretary’s office, especially that of March, giving an aggravated detailed account of a terrible disturbance on the joyous anniversary of the repeal of the stamp act, which general _Gage_, in his letter of October to Lord _Hillsborough_, declared, from the best intelligence he could procure, to have been trifling. When the matter came to be considered, it was agreed to send troops to Boston. Accordingly, Lord _Hillsborough_, in his secret and confidential letter to Gen. _Gage_, [June 8.] wrote, “I am to signify to you his majesty’s pleasure, that you do forthwith order one regiment, or such force as you shall think necessary, to Boston, to be quartered in that town, and to give every legal assistance to the civil magistrate, in the preservation of the public peace, and to the officers of the revenue, in the execution of the laws of trade and revenue; and as this appears to be a service of a delicate nature, and possibly leading to consequences not easily foreseen, I am directed by the king to recommend to you to make choice of an officer for the command of those troops, upon whose prudence, resolution and integrity, you can entirely rely.” And on the eleventh, he informed the governor, that his majesty, from the representation made by him and the commissioners of the customs, had directed one regiment at least to be stationed in Boston, and to garrison, and (if necessary) to repair the castle; and had ordered a frigate, two sloops, and two cutters to repair to, and remain in the harbour of Boston, for supporting and assisting the officers of the customs in the execution of their duty. His lordship’s letter to Gage being dated two days before the riot occasioned by the seizure of the sloop Liberty, the order contained in it, could not possibly be founded on such riot; though the riot, with the subsequent transactions of the town, might be related as a reason in the resolves afterward drawn up, exhibiting the necessity of sending a military force to Boston. But persons in office are liable to fall into mistakes, through the multiplicity and hurry of business, and for want of due consideration or better intelligence. In this way you may account for his lordship’s signing a circular letter, [Sept. 2.] to the governor and council of _Rhode-Island_, to the following purpose—“Gentlemen, the king having observed, that the governors of his colonies have, upon several occasions, taken upon them to communicate to their councils and assemblies, either the whole or parts of letters from his majesty’s principal secretary of state, I have it in command to signify, that it is his majesty’s pleasure that you do not, upon any pretence whatever, communicate to the assembly, any copies or extracts of such letters, unless you have his majesty’s particular directions.” This was soon published in the _Providence_ Gazette after being received. That colony chooses its own governor annually and he has neither right nor power to with-hold from the assembly copies of any such letters. Upon another occasion his lordship gave orders to the governor of _Pennsylvania_, in case the assembly did not act conformable to what was expected, immediately to dissolve them; whereas it is the inherent privilege of that house to set on their own adjournments; and the governor has no power to dissolve them.

[Nov. 3.] A month after the arrival of the troops at _Boston_ Mr. _Hancock_ was served with a precept for £.9000 sterling, by the marshal of the court of admiralty. The marshal having arrested him, demanded bail for £.3000. Five other gentlemen were arrested for the like sum. He and the five others gave bail.—The commissioners prosecuted the supposed owner, and each person they imagined concerned in unloading the wines, for the value of the whole cargo and treble damages. The vessel seized was restored after a long detention; and the suits in the courts of admiralty dropped, March the twenty-sixth, 1769, by a declaration from the king’s advocate, that his majesty would prosecute no further. It was idle to think of supporting the prosecution by sufficient evidence. Want of inclination or fear would prevent witnesses appearing, and corruption would procure counterevidence from men of no principle, who would justify themselves from the prosecution’s being built upon acts of parliament, to which they supposed the colonies owed no obedience; and would plead, as in too many instances is done at home, that it is not he who takes, but he who imposes the oath, who is chargeable with the crime of swearing falsely. The law would not allow the prosecuted any costs or damages. In this case the allowance would have been unreasonable; the innocence of the parties could not have been urged in its behalf.

The colonists could not overlook the good effects produced by the former non-importation agreement; and were earnest for playing off the same engine against the new attempts of ministry, to saddle them with the payment of taxes. About the beginning of April, several gentlemen of _Boston_ and _New-York_, wrote to others at _Philadelphia_, in order to learn, whether they would unite with them in stopping the importation of goods from _Great-Britain_, until certain acts of parliament should be repealed, which were thought to be injurious to their rights, as freemen and British subjects. A numerous meeting of merchants followed, when an address was read to them. It set forth the claims of the colonies, and then went into an enumeration of grievances, which the colonists had long borne, and seemed willing to forget, had they not been alarmed afresh by the late proceedings of the ministry. The address remarked, that, in the act obliging the several assemblies to provide quarters for the soldiers, &c. a power is granted to every officer, upon obtaining a warrant from any justice (which warrant the justice is empowered and ordered to grant, without any previous oath) to break into any house by day or by night, under pretence (these are the words of the act) of searching for deserters. It pointed out to them the danger they were in, of having erected over them a despotic government, to rule them as slaves. It called upon them to deliberate, by what means they might defend their rights and liberties, and obtain a repeal of the obnoxious acts. It urged them to join in the measure proposed by their brethren of _Boston_ and _New-York_; and closed with “_United we conquer, divided we die_.” The _Pennsylvania_ merchants agreed with the other colonies in opinion, that the revenue acts were unconstitutional; but declined adopting the non-importation agreement, as they believed it to be premature. They knew that multitudes in Great-Britain would suffer much by a suspension of trade with her, whenever it should be carried into execution; and judged that it ought not to be made use of but as the last and most certain remedy, when petitions proved ineffectual. They saw clearly that the acts were manifestly injurious to the British trade, and hoped the parliament would therefore find it expedient to repeal them; and were willing to allow a proper time for the repeals being effected. These reasons induced them to refuse complying with the solicitations of their neighbours. But the merchants and traders of Philadelphia agreed upon a memorial, wherein they stated their grievances, which was transmitted to their mercantile friends in London, on whose assistance they relied for an application to government for relief; and this they hoped to obtain as to some of the chief, though it might not be all the articles of complaint.

But the _Boston_ merchants and traders having been drawn in, partly by their connections with the politicians and the fear of opposing the popular stream, agreed upon a new subscription paper, [Aug. 1.] wherein they engaged as follows:—“We will not send for or import from Great-Britain, either upon our own account, or upon commissions, this fall, any other goods than what are already ordered for the fall supply.”—“We will not send for or import any kind of goods or merchandise from Great-Britain, _&c._ from the first of January, 1769, to the first of January, 1770, except salt, coals, fish-hooks and lines, hemp and duck, bar lead and shot, wool-cards and card-wire.”—“We will not purchase of any factor or others, any kind of goods imported from Great-Britain, from January, 1769, to January, 1770.”—“We will not import on our own account, or on commissions, or purchase of any, who shall import from any other colony in America, from January, 1769, to January, 1770, any tea, glass, paper or other goods commonly imported from Great-Britain.”—“We will not, from and after the first of January, 1769, import into this province any tea, paper, glass, or painters colours, until the act imposing duties on those articles shall be repealed.” The subscription paper was carried about town; and, at length, generally signed, though several respectable merchants remained non-subscribers. The same month the _Connecticut_ and _New-York_ merchants came into similar agreements; and those of _Salem_, the beginning of September. Some merchants had undoubtedly the foresight to provide for an abstinence from importation for a year, by unusually large orders.

A report having been spread that governor _Bernard_ had intimated his apprehensions that one or more regiments were to be daily expected at _Boston_, a meeting of the inhabitants was called, and a committee appointed to wait on him to know the grounds of his apprehensions, and to pray him to issue precepts forthwith for convening a general assembly. He acknowledged his having received those informations which produced such apprehensions, but said they were of a private nature. The calling of another assembly he told them could not be complied with, till his majesty’s commands were received. The answer being reported, it was resolved, “That the freeholders, and other inhabitants of the town of Boston, will, at the peril of their lives and fortunes, take all legal and constitutional measures to defend all and singular the rights, liberties, privileges, and immunities, granted in their royal charter.” It was also declared to be the opinion of those present, “That a suitable number of persons to act for them as a committee in convention, with such as may be sent to join them from the other towns, should be now chosen, in order that such measures may be consulted and advised, as his majesty’s service, and the safety of the province may require.” It was then voted, “That the select men of Boston should write to the select men of the other towns, to acquaint them with the foregoing resolutions, and to propose, that a convention be held at Fanueil-hall in Boston, on the twenty-second instant.” It was afterward voted, “That, as there is an apprehension, in the minds, of many, of an approaching war with France, those inhabitants who are not provided, be requested to furnish themselves forthwith with arms.

[Sept. 22.] The _convention_, consisting of committees from ninety-six towns and eight districts, met as proposed; and after conference and consultation, petitioning the governor, declaring that they only considered themselves as private persons, making loyal professions, expressing their aversion to standing armies, to tumults and disorders, their readiness to assist in suppressing riots and preserving the peace, and recommending patience and regard to good order, they broke up and went home on Thursday the twenty-ninth. Advice was received the day before, that the men of war and transports from Halifax, with some hundreds of troops, were safe arrived at Nantasket harbour, a few miles below Castle William. Two days before the convention closed, they dispatched a letter to Mr. _Berdi_, containing a representation of what had taken place, with such papers and instructions as were judged most suitable to the circumstances of their assembly.

When the news was first received of troops being ordered to Boston, broad hints were thrown out that they should never land; and to strengthen the appearance of an intention to oppose them, a barrel was placed upon the beacon, supposed to be a tar barrel, to have been fired to call in the country upon the troops appearing, which was afterwards found to be an empty nail barrel. Many of the deputies came down to the convention, with instructions and dispositions to prevent the Bostonians involving the province in the fatal consequences of their own furious devices. Numbers were from the beginning sensible of the impropriety and danger of their proceeding, and desirous by a moderate conduct, to correct the one and ward off the other. The governor’s message to them after their address, was high, and might tend to keep some of them in awe, as the troops were thought to be at no great distance. When Mr. _Otis_ joined them, instead of being violent he was quite moderate: and when Mr. _Samuel Adams_ attempted to launch out into the same free and unrestrained language to which he was accustomed in the house of representatives, he was presently silenced.

The convention having finished in the above manner, the persons just named assumed to themselves the moderation of those whom they called together for very different purposes. The governor himself was not always wholly ignorant of what was going forward among the sons of liberty. He kept up an acquaintance with some of them, and by that means, at times, procured useful intelligence, while he gave his informers the strongest assurance that their names should not be quoted, nor any communication be made of it, which could make them suspected. Too much occasion was given for this paragraph, which soon after appeared in the New-York Journal. “I blame the Bostonians for having given some room for the idle reports of their designing to oppose the landing of the troops, by the ridiculous puff and bombast (for which our eastern brethren have always been too famous) of warning every man to provide himself with a good firelock, ammunition, &c. under the disingenuous jesuitical pretence of the prospect of a French war, full as absurd and hypocritical as is the pretence of a military establishment in America for its protection and defence.”

When the troops from Halifax were daily expected, the governor would have prevailed upon the council to have provided quarters for them in Boston, but they refused; and in answer to what he advanced, said, “the troops are by act of parliament, to be quartered no where else but in the barracks, until they are full: there are barracks enough at the castle to hold both the regiments; and it is therefore against the act to bring any of them into town.” However, the orders of general _Gage_ to lieutenant-colonel _Dalrymple_ were positive to land one of them at Boston. But in the interim, captain Montresor, the engineer arrived, with letters of a subsequent date, from general Gage, for the governor and the colonel, wherein the general mentioned, that it being reported and believed from a number of private letters and the publications, that the people in and about Boston had revolted, he had therefore sent the captain to assist the forces, and enable them to recover and maintain the castle, and such other posts as they could secure. Upon this the colonel altered his plan, and concluded to land both regiments at Boston without loss of time. The fleet therefore was immediately put into motion, and the next morning commanded the whole town.—Every thing being fully prepared, near upon fourteen[99] ships of war lying with their broadsides to the town, having springs on their cables, and their guns ready for firing instantly upon the place, in case of the least opposition; about one o’clock at noon, October the first, the troops began landing, under cover of the ships cannon, without molestation; and having effected it, marched into the common, with muskets charged, bayonets fixed, drums beating, fifes playing, &c. making with the train of artillery, upward of 700 men. In the evening, the select men were required to quarter the two regiments in town, but absolutely refused. One of the regiments, however, being without their camp equipage, was humanely permitted to enter Faneuil-hall and its chambers, about nine o’clock at night, that so the men might enjoy a temporary shelter. The next being Lord’s day, the town or state-house was opened in the evening, by order of the governor, for the reception of the troops, who took possession of all the chambers, except the one appropriated for the meeting of the council. He certainly stretched his authority in several points; but particularly in thus acting. This step was an insult not only to the town, as it was a great annoyance to the gentlemen and merchants, who had been accustomed to make the lower floor their exchange, but to the whole colony, as the representatives chamber was now possessed by the soldiery. After the quarters of the troops were settled, the main-guard was posted directly opposite to, and not twelve yards from the state-house with two field pieces pointed to it. It was with no small indignation that the people beheld the representatives chamber, court-house, and Faneuil-hall—seats of freedom and justice—occupied by troops, and guards placed at the doors, and the council passing through the guards in going to their own chamber. They resented also the common’s being covered with tents, and alive with soldiers; their marchings and counter-marchings to relieve the guards; the town’s being a perfect garrison, and the inhabitants being challenged by the sentinels, as they passed and repassed. Persons devoutly inclined, complained much of being disturbed at public worship on the sabbaths, with drums beating, and fifes playing, to which they had never been accustomed in the Massachusetts. Quarters being obtained for the troops, the council were required to provide barrack provisions for them, agreeable to act of parliament; but resolutely declined going into any measure which might be construed into a submission to the said act. The opposition of the council to the quartering of, and providing for the troops, was so encouraged and strengthened by Mr. _James Bowdoin_, who was one of them, that Mr. _Hutchinson_, in his letter of November 6, ascribed the whole to his management. It was thought that the peaceable landing of the troops was not what some of the ministry either expected or desired; and that they were in hopes, that the folly and rage of the town and colony would have led them into an hostile opposition, and thereby have afforded an opportunity for giving them some naval and military correction. Under this apprehension, the gentleman who delivered the first dispatches from governor Bernard, containing the account of the troops having landed, &c. narrowly watched the countenance and conduct of the person who read them, and was confirmed in such opinion. But had he not possessed that opinion, it might not have been excited by what he observed. The sentiments of the military differed so extremely from those of the Bostonians, who were unjustly viewed as rebelliously inclined, that it was not to be wondered at that they were insulted and abused, and that quarrels should ensue, tho’ they did not proceed soon to a dangerous height. Undoubtedly the inhabitants could not be continually blameless; there would necessarily be some rash and imprudent persons among such a multitude; but the greatest rashness and imprudence lay in the sending of troops on a service which could have been effectually and better executed by a naval force properly stationed and employed. Ships of war might have possessed the harbour till the commissioners could have executed their office with safety.

The committee of merchants in London paid a due attention to the memorial sent them by the merchants and traders of Philadelphia, and took pains to obtain relief from the grievances therein complained of, though without effect. The department to which they applied, afforded little hopes of redress in a way that might put an end to the differences that had arisen between Great-Britain and her American colonies. The act imposing duties on glass, paper, &c. was acknowledged to be inexpedient; but it was added, “Such has been the unjustifiable conduct of some in America, that the present juncture is not a proper season for a repeal.” Administration was firmly resolved to oppose it with their utmost strength, while it should be insisted on by threats on the part of the colonists, for in that light they consider the steps which had been taken by them to obtain redress It was said, “If a proper disposition appears in the colonies, and their merchants, in a succeeding session, shall think proper to petition parliament on the principle of expediency only, there is every reason to believe that no part of administration will object to the repeal.” But the minister did not declare what was the proper disposition he expected. No sooner were the Philadelphians apprised, by the receipt of this information, that no hope remained of a repeal in that session, than they unanimously entered into the very agreement, which some months before, when proposed to them, they had declined; and it was their opinion, that as the agreement had been formed on mature deliberation, the people of the province would firmly adhere to it. Of this they gave notice to the committee of merchants in London, by letter of April 8, 1769. In that letter, remarking upon the information they had received, they wrote—“It would become persons in power to consider, whether even the unjustifiable behavior of those who think themselves aggrieved, will justify a perseverance in a matter confessed to be wrong. Certain it is, that the wisdom of government is better manifested, its honor and authority better maintained and supported, by correcting the errors it may have committed, than by persisting in them, and thereby risking the loss of the subjects affections. We are apprehensive that persons in power are greatly abused, and that the people of America have been grossly misrepresented, otherwise the steps which they have taken to obtain redress, could never be looked upon as threats. Threats they never intended; but as all the American colonies were equally affected, it was thought that their joint petitions would have more weight; and for this end the several assemblies communicated their sentiments to each other. This step, to the inexpressible surprise of all America, is represented as “a flagitious attempt, a measure of a most dangerous and factious tendency, &c. The dissolution of assemblies that followed, and the measures pursued to enforce the acts in America, awakened the fears, and exasperated the minds of the people to a very great degree. They therefore determined not only to defeat the intent of the acts, by refraining from the use of those articles on which duties were laid, but to put a stop to the importation of goods from Great-Britain. This is the only threat we know of; and if this is sufficient to engage the ministry to oppose a repeal of the acts, we apprehend the ministry must, by a change of measures, endeavour to regain the affections of the people before they can be induced to alter their determinations.”

“The Americans consider themselves as British subjects, entitled to all the rights and privileges of freemen. They think there can be no liberty without a security of property; and that there can be no property, if any can, without their consent, deprive them of the hard-earned fruits of their labour. They know that they have no choice in the election of the members of parliament; and from their situation never can have any. Every act of parliament therefore, that is made for raising a revenue in America, is in their opinion, depriving them of their property without their consent, and consequently is an invasion of their liberty.”

“If then the acts cannot be repealed while the ministry objects, and if to remove the objections the Americans must give up their sentiments, we must candidly confess we have little hopes of a repeal ever taking place; much less it is to be expected, that the merchants will presume to petition parliament on the principle of inexpediency only, when every assembly on the continent are applying for a repeal on the principle of _right_.”

“Happy had it been for both countries if the idea of raising taxes in America had never been started; however, if the acts complained of are repealed, and no other of the like nature are attempted hereafter the present unhappy jealousies will, we believe, quickly subside, and the people of both countries in a short time, return to their usual good humor, confidence and affection.”

If ministry thought that the resolves of the house of lords, the preceding December, would have put a stop to non-importation agreements and the spirited exertions of the colonists, they soon found themselves much mistaken. It can scarce be imagined, but that some of the Philadelphia gentlemen had received the account of such resolves; for the above letter was in answer to London ones of January 4th and 26th, and yet they proceeded as has been related.

The resolve censured the votes, resolutions and proceedings of the house of representatives of _Massachusetts_ of January and February; as also the declarations, resolutions and proceedings in the town of _Boston_. They pronounced the election of deputies to sit in convention, and the meeting of such convention, daring insults offered to his majesty’s authority, and audacious usurpations of the powers of government. The lords then ordered an humble address to be presented to his majesty, in which they expressed their satisfaction in the measure his majesty had pursued; gave him the strongest assurances, that they would effuctually support him in such further ones as might be found necessary to maintain the civil magistrates, in a due execution of the laws, within the Massachusetts Bay; and beseeched him to direct the governor to take the most effectual methods for procuring the fullest information, touching all treasons committed within that government since the 30th of December, 1767, and to transmit the same, with the names of the persons most active in the commission of such offences; in order that his majesty might issue a special commission for hearing and determining the said offences, within the realm, pursuant to the statute of the 35th year of _Henry_ VIII.

The resolutions and address were sent down to the house of commons for their concurrence. Colonel _Barre_ opposed them; and directing himself to the ministry, said, “Away with these partial resentful trifles, calculated to irritate, not to quell or appease, inadequate to their purpose, unworthy of us! Why will you endeavor to deceive yourselves and us? You know that it is not this place only that disputes your right, but every part. They tell you, that you have no right from one end of the continent to the other. My sentiments of this matter you well know. Consider well what you are doing. Act openly and honestly. Tell them you will tax them, and that they must submit. Do not adopt this little, insidious, futile plan. They will despise you for it.” However on the ninth of February, they were agreed to and returned with some amendments; and the address was ordered to be presented to both houses. The _Massachusetts_, with becoming firmness, constantly asserted their rights, which drew down upon them ministerial vengeance. They had no general assembly when the resolves and address reached America, the last having been dissolved for refusing to comply with the mandate to rescind, and the time appointed by charter for calling another not being arrived. But the _Virginia_ house of burgesses entered upon the subject. They met on the eighth of May, and on the sixteenth took into serious consideration the state of the colony, being alarmed at the distress in which all America was likely to be involved. They came to several necessary resolutions, copies of which they gave their speaker, with particular directions to transmit them without delay to the speakers of the several houses of assembly on the continent; whose concurrence in the like was requested.

The resolves express, “That the sole right of imposing taxes on the inhabitants of the colony, is now, and ever hath been legally and constitutionally vested in the house of burgesses, with consent of the council, and of the king, or his governor for the time being—That it is the privilege of the inhabitants to petition their sovereign for redress of grievances, and that it is lawful to procure the concurrence of his majesty’s other colonies in dutiful addresses, praying the royal interposition in favor of the violated rights of America—That all trials for treason, misprison of treason, or for any felony or crime whatsoever, committed by any person residing in said colony, ought to be in and before his majesty’s courts within said colony; and that the seizing any person residing in the colony, suspected of any crime whatsoever, committed therein and sending such person to places beyond the sea to be tried, is highly derogatory of the rights of British subjects, as thereby the inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of producing witnesses on such trial, will be taken away from the party accused.” These resolutions were followed by a humble address to his majesty, beseaching his royal interposition to quiet the minds of his royal subjects in the colony, and to avert those dangers and miseries which will ensue from seizing and carrying beyond sea the inhabitants of America, to be tried in any other manner than by the ancient and long established mode of proceeding.

[May 17.] The next day Lord _Bottetourt_ sent for them, and said, “Mr. speaker, and gentlemen of the house of burgesses, I have heard of your resolves, and augur ill of their effects. You have made it my duty to dissolve you, and you are dissolved accordingly.” The gentlemen who composed the house, being, reduced by the dissolution to private persons, repaired immediately to another place, that so they might consider what measures were proper to be taken, and chose the late speaker _Peyton Randolph_, esq. moderator.

[18.] They entered into an association unanimously [which they subscribed and recommended to all merchants, gentlemen, traders and others] against importing any goods taxed, and many other articles; against wines, against importing and purchasing negroes, &c.

The next month the Maryland gentlemen and merchants entered into a non-importation agreement similar to the Virginian.

The _South-Carolinians_ followed the example.

The inhabitants of _Charlestown_ broke off all commerce with the _Rhode Islanders_ and _Georgians_, whom they charged with having acted a most singularly infamous part, from the beginning of the present glorious struggle for the preservation of American rights. This had its effect, and _Georgia_ came into the non-importation agreement September the nineteenth; _Providence_, October the tenth; but _Rhode-Island_ not till the thirtieth.

[Oct.] The _North-Carolina_ assembly came to the like resolution with the _Virginia_ house of burgesses, for which governor _Tryon_ dissolved them. Upon that, the gentlemen who had composed it, repaired to the court-house, chose the late speaker moderator, and came to a resolution for an association against importing, _&c._ comformable to what had been done elsewhere. Thus the non-importation agreement became general, and was forwarded by the very means applied for its prevention. Meetings of the associators were regularly held. Committees were appointed to examine the cargoes of all vessels arriving from Britain; and regular votes and resolutions of censure were passed in those meetings, upon such as refused to concur in the associations, and their names published in the newspapers as enemies to their country. The decrees of those committees met with a respect and obedience denied to the constitutional authority of government. In some cases goods imported from Britain were locked up in warehouses, under the care of the committees, and in a few instances returned. _Portsmouth_, the only sea-port in _New-Hampshire_, never came into the non-importation agreement. Governor _Wentworth_ had address enough to prevent it, and keep all quiet. There are few private schools in that colony, and the bulk of the people are very illiterate. If a person can write a note of hand, read a chapter, and cypher to the rule of three, he passes for a man of learning. Men, whose capacities remain small for want of use and improvement, and who have little knowledge, are liable to be duped by those who possess superior rank and abilities. The associations were as general, and in common as well observed as could reasonably be expected, considering the disadvantages and losses they necessarily occasioned to many. But it is not to be thought, that there were no collusions; that all the goods belonging to the professing sons of liberty, which were stored, remained in the warehouses, without being conveyed out upon particular occasions, and to serve certain purposes; that all, who had given their names or honors not to import, did not privately order some of the prohibited articles to please themselve, families or neighbours; that when, some months afterward, the zeal of the daughters of liberty in several of the colonies, proscribed the drinking of tea, and rendered the disuse of it a universal fashion, all were so true to their engagements, as not to sip their green or bohea in secret, or under a new name; and that all who associated or agreed to the storing of their goods, did it voluntarily and without compulsion. The fear or appearance of a mob often produced a compliance in persons who would gladly have retained their goods till they could have turned the same into cash; and brought them to own, that they were willing that they should be stored, just as they would have been willing at sea to have thrown them overboard to escape personal shipwreck. The committees had the arts of persuasion; and in some places their most powerful arguments for reducing the obstinate were not known to be used by them.

The importer is sent for, and desired to come into the agreement; he declines; he must sell; his livelihood depends upon it. Arguments are used for his complying, and he is urged, soothed and entreated; but it avails nothing. He is determined at all hazards to dispose of his goods as purchasers offer. Some of the mobility, or their leaders, are told, that the importer cannot be prevailed upon. In a day or two he finds himself surrounded; in danger of an assault; is terrified; inquires the reason; and upon learning it, hurries to the committee; begs their interposition; complies with what was before desired of him; hopes that they will restore him to the good graces of his fellow townsmen or citizens, and thanks them for their promised assistance, not in the least suspecting the depth of their contrivance. Every committee however, had not this prudent forecast, whereby to accomplish their designs without exposing their own characters.

We have hitherto omitted recording the transactions of the _Massachusetts_ assembly in the persent year, the _Virginia_ house of burgesses demanding a prior attention, but now proceed to them.

[May 31.] The general court being called together according to charter, a committee from the house of representatives remonstrated to his excellency, “That an armament by sea and land investing this metropolis (_Boston_) and a military guard with cannon pointed to the door of the state house where the assembly is held, are inconsistent with that dignity and freedom with which they have a right to deliberate, consult, and determine. They expect that your excellency will, as his majesty’s representative, give effectual orders for the removal of the above mentioned forces by sea and land out of this port, and the gates of this city during the session of the said assembly.” The governor returned for answer, “gentlemen, I have no authority over his majesty’s ships in this port, or his troops within this town.”

[June 1.] He negatived eleven of the persons elected to form the council.

[13.] The house in a message to him declared—“The use of the military power to enforce the execution of the laws, is, in the opinion of this house, inconsistent with the spitit of a free constitution, and the very nature of government. This military force is uncontroulable by any authority in the province: it is then a power without any check here, and therefore it is so far absolute. What privilege! what security then is left to this house!”

It was not urged, whatever the case might admit; “The governor is the king’s _locum tenens_, and his office entire. The chief civil and military authority being by the British and our constitution inseparable, the king cannot serve them. An independent military tends to the utter overthrow of the civil power. The operations of the great seal, which is _clavis regni_, cannot be controlled by the privy seal, the king’s signet, sign manuel, or significations of his pleasure by his secretary; in other words, our charter cannot be infringed by any of these.”

The house firmly declined doing business surrounded with an armed force, so that the governor the next day adjourned the court to Cambridge.

[July 6.] His excellency sent a message to them, with the accounts of the expenditures already incurred by quartering his majesty’s troops, desiring funds to be provided for discharging the same, and required a provision for the further quartering the forces in Boston and Castle-Island, according to act of parliament.

[7.] The house of assembly, as though they meant by it to despise the parliamentary resolves, no less than maintain their own privileges, passed a number of resolves, and among them the following:

“That a general discontent on account of the revenue acts, an expectation of a sudden arrival of a military power to enfore said acts, an apprehension of the troops being quartered upon the inhabitants, the general court dissolved, the governor refusing to call a new one, and the people almost reduced to a state of despair, rendered it highly expedient and necessary for the people to convene by their committees; to associate, consult, and advise the best means to promote peace and good order; to present their united complaints to the throne, and jointly to pray for the royal interposition in favor of their violated rights. Nor can this procedure possibly be illegal, as they expressly disclaim all governmental acts:

“That the establishment of a standing army in this colony, in time of peace, is an invasion of natural rights:

“That a standing army is not known as a part of the British constitution:

“That sending an armed force into the colony, under pretence of assisting the civil authority, is highly dangerous to the people, unprecedented and unconstitutional.”

The last is the same with that of Virginia.

[12.] The governor called upon them to answer, whether they would or would not make provision for the troops.

[15.] The house, by message, after remarking upon the mutiny or billeting act, answered, “As we cannot consistently with our own honor or interest, much less with the duty we owe to our constituents, so we never shall make any provision of funds for the purposes in your several messages.” Upon that the governor prorogued them to the tenth of January, to meet at Boston.

_South-Carolina_ assembly, no less than the _Massachusetts_, ventured to disobey the mutiny act, and adopted similar resolutions to those of _Virginia_. The _Maryland_ lower house entered partly into similar ones, but the last was omitted, and the first more strongly expressed. The _Delaware_ counties early followed the lead of _Virginia_, and adopted their last resolve _verbatim_; and toward the close of the year, the _New-York_ assembly concurred in their resolves with Virginia.

The proposal of parliament for transporting persons from America in order to trial in _Great-Britain_, pursuant to the statute of _Henry_ VIII. excited a general alarm through the continent. The procedure they recommended was not wholly without precedent. The case of Culpeper has been already related. Under queen Anne, in 1710, the ringleaders of an unnatural contention in _Antigua_, wherein the governor was murdered, were brought to Great-Britain, tried, and many of them convicted and executed upon this statute. Precedents, however, will never reconcile sensible men to practices which, though legal, are fraught with cruelty, and liable to the most horrid abuses. Beside, the statute was become obsolete.

The _Virginia_ house of burgesses, in their address to his majesty, expressed themselves with propriety upon this subject—“When we consider, that by the established laws and constitution of this colony the most ample provision is made for apprehending and punishing all those who shall dare to engage in any treasonable practices against your majesty, or disturb the tranquility of government; we cannot, without horror, think of the unusual, and permit us, with all humility, to add unconstitutional and illegal mode recommended to your majesty, of seizing and carrying beyond the sea, the inhabitants of America suspected of any crime, and of trying such persons in any other manner than by the ancient and long established course of proceedings; for how truly deplorable must be the case of a wretched American, who having incurred the displeasure of any one in power, is dragged from his native home and his dearest domestic connections, thrown into a prison, not to wait his trial before a court, jury or judges, from a knowledge of whom he is encouraged to hope for a speedy justice, but to exchange his imprisonment in his own country for fetters among strangers. Conveyed to a distant land, where no friend, no relation will alleviate his distresses, or minister to his necessities, and where no witness can be found to testify his innocence; shunned by the reputable and honest, and consigned to the society and converse of the wretched and abandoned, he can only pray, that he may soon end his misery with his life.”

We have been reviewing the noble and animated proceedings of the _Virgians_ and others in behalf of liberty; and cannot but regret that the existence of slavery and its effects among them, should administer the least occasion for any one’s writing concerning them. “The last resolves of the Virginia burgesses deserve a very hard name. It is indeed laughable, to see a few dissipated bashaws, tyrants over a parcel of wretched negro slaves, meet together and give themselves airs against Great-Britain upon the subject of liberty—this applies to all the southern colonies. The spirit of independence in _New-England_, is more consistent and characteristic of the people; but _Virginia_, and the _Carolinas_ are but _petit maitres_ in the business.”[100]

It is time to cross the Atlantic, and advert to what was doing in _Britain_. An attempt in the house of commons, to bring on a repeal of the obnoxious act before the session closed, proved ineffectual. It was objected from every quarter, that it was not a proper time. Lord _North_’s language upon the occasion was, “However prudence or policy may hereafter induce us to repeal the late paper and glass act, I hope we shall never think of it _till we see_ AMERICA _prostrate at our feet_.” When the session was over, the ministry, with a view, it might be, of soothing the Americans into a better temper, managing their respective assemblies, and bringing them to retract their resolutions, and open the trade as before, gave out, that at the next session the American grievances should be redressed; and lord _Hillsborough_ wrote a circular letter to every colony [May 13.] mentioning “their intention to propose, in the next session of parliament, taking off the duties upon glass, paper and colours, upon consideration of such duties having been laid contrary to the true principles of commerce; and assuring each, that his majesty’s ministers, “at no time entertained a design to propose to parliament to lay any further taxes on America, for the purpose of raising a revenue.” Lord _Botetourt_ following the directions he had received, so to explain measures as might re-establish mutual confidence and affection between Great-Britain and her colonies, made the matter known to the _Virginia_ house of burgesses in a speech, and then declared, “It is my firm opinion that the plan which I have stated to you will certainly take place, and that it will never be departed from. I shall exert every power with which I am or ever may be legally invested, in order to obtain and maintain, for the continent of America, that satisfaction which I have been authorised to promise this day, by the confidential servants of our gracious sovereign, who, to my certain, knowledge, rates his honor so high, that he would rather part with his crown, than preserve it by deceit.” The house, in their address to him, expressed their hope and confidence in a manner that implied fear and distrust; but willing to make the best improvement of what his lordship said, closed with—“We esteem your lordship’s information, not only as warranted, but even sanctified by the royal word.” The conduct of ministry contained the idea of a public renunciation of all further future taxation of America for a revenue; and the house appeared to view it in that light.

But the circular letter was far from satisfying the American sons of liberty in general. The evident exception of the duty on tea, and the professed design of repealing upon commercial principles, excited their apprehensions, and confirmed them in the opinion, that the ground of present grievances was not to be abandoned, but to be reserved for a future opportunity of making fresh essays for the imposition of internal taxes. The merchants and traders, therefore, of _Boston_, soon after the knowledge of it, called a meeting, and unanimously voted, that the taking off the duties on the articles of glass, paper, and colours, would by no means relieve the trade from the difficulties it was under. They then confirmed their former agreement, to send for no goods contrary thereto, unless the revenue acts were repealed.

Though the testimony of the Pennsylvania assembly against the resolves of parliament, and in favor of the Virginia resolves, the repeal of all the revenue acts, and a redress of all grievances, was wanting; yet the Philadelphia committee of merchants, whose character and influence in the present business weighed more than that of the assembly, failed not to express their minds fully to the committee in London, long after the circulatory letter was a matter of notoriety. They thus wrote [November 25.] “Though we are not favored with an answer to our letter of the eighth of April last, yet as the liberty of America is at stake, and the minds of the people here are much agitated, and as the continuation of the unhappy dispute between the parliament and the colonies must not only affect your and our interest, but the general interest and happiness of both countries, we think it our duty to apply to you again, and earnestly request you would use your best endeavors with those in the administration, to restore tranquility, and re-establish the colonies in the enjoyment of their ancient rights and privileges. We are very sensible that the prosperity of the colonies depends upon their union and connection with Great-Britain. In this sentiment all the Amecans concur, yet they cannot bring themselves to think, that for this reason they ought to be divested of liberty and property. Yet this must be the case, if the parliament can make laws to bind the colonies in all cases whatever—can levy taxes upon them without their consent, dispose of the revenues thus raised without their controul, multiply officers at pleasure, and assign them fees to be paid without, nay, contrary to and in direct violation of acts of assembly regularly passed by the colonies and approved by the crown—can enlarge the power of admiralty courts, divert the usual channels of justice, deprive the colonists of trials by a jury of their countrymen, in short, break down the barriers which their forefathers have erected against arbitrary power, and enforce their edicts by fleets and armies. To such a system of government the Americans cannot tamely submit; not from an impatience of subordination, a spirit of independence, or want of loyalty to their king; for in a quiet submission to just government, in zeal, affection, and attachment to their king, the people of the colonies dare to vie with any of the best of their fellows-subjects; but from an innate love of liberty and the British constitution.

“In our last we intimated our fears that the ministry were greatly abused, and the people of America grossly misrepresented, by some who did not wish well either to Great-Britain or the colonies. The letters of one of our American governors (Bernard) and the memorials of a board lately erected among us, not to mention other documents laid before the public, evince that our fears were but too well grounded. From these it is apparent, that every sly art has been used to incense the ministry against the colonies; every argument that malice could invent has been urged to induce them to overturn the ancient foundations of liberty. Nay, to compass their base ends, they have declared in express terms, and taken uncommon pains to make the ministry believe, that “there has been a long concerted and extensive plan of resistance to the authority of Great-Britain in all the provinces, and that a seizure made at Boston had hastened the people there to the commission of actual violence sooner than was intended.

“In justice to the province where we reside, and indeed to all America, we beg leave to assure you, that such representations are without any just foundation, and that nothing can be a greater deviation from truth. Though at the same time we confess, that the ends accomplished by these and such like infamous slanders and vile arts, have given a general alarm, and caused a universal uneasiness in the minds of the Americans. They now see a rod of power held over their heads; they begin to feel the severities of a court, that by its late enlarged jurisdiction is empowered to break in upon the proceedings of the common law courts; and they have anxious fears for the existence of their assemblies, which they consider as their last and only bulwark against arbitrary power. For if, say they, laws can be made, money levied, government supported, and justice administered, without the intervention of assemblies, of what use can they be? They are no essential member of the constitution. And being useless and unessential, is there not reason to fear they will quickly become disagreeable and then be wholly laid aside? And when that happens, what security have we for freedom, or what remains for the colonists, but the most abject slavery?

“These are not the reasonings of politicians, but the sentiments and language of the people in general. For with great truth we may say, in no country is the love of liberty more deeply rooted, or the knowledge of the rights inherent to freemen more generally diffused, and the principles of freedom and government better understood than among the British American colonies.

“For this reason we think ourselves obliged to inform you, that though the merchants have confined their agreements to the repeal of the act laying a duty on tea, paper, glass, &c. yet nothing less than a repeal of all the revenue acts, and putting things on the same footing they were before the late innovations, can or will satisfy the minds of the people. The fleets and armies may overawe our towns; admiralty courts and boards of commissioners, with their swarms of underlings, may by a rigorous execution of severe unconstitutional acts, ruin our commerce, and render America of little use to the people of Britain; but while every farmer is a freeholder, the spirit of liberty will prevail, and every attempt to divest them of the privileges of freemen, must be attended with consequences injurious to the colonies and the mother country.