Chapter XIV: Letter IV: Roxbury, April 14, 1773 (3)

“In a matter of so great importance you will excuse this freedom. We consider the merchants here and in England, as the links of the chain that binds both countries together. They are deeply concerned in preserving the union and connection.—Whatever tends to alienate the affections of the colonists, or to make them averse to the customs, fashions, and manufactures of Britain, hurts their interest. While some, therefore, from ambitious views and sinister motives, are laboring to widen the breach, we whose private interest is happily connected with the union, or which is the same, with the peace and prosperity of both countries, may be allowed to plead for an end to these unhappy disputes; and that by a repeal of the offensive acts, the cause of jealousy and uneasiness may be removed, tranquility restored, harmony and mutual affection re-established, and trade return to its usual channel.”

The names of the committee on the back of the draft from which the above has been copied, were, _Alexander Huston_, _John Rhea_, _John Cox_, _John Gibson_, _Joseph Swift_, _James Mease_, _J. M. Nesbit_, _William West_, _Robert Morris_, _Charles Thomson_, _Daniel Benezet_, _William Fisher_, _George Roberts_, _Samuel Howell_, and _Thomas Mifflin_.

The stationing of troops in _Boston_ might afford greater personal security to the commissioners than what they could otherwise have enjoyed, and might induce them or their underlings to exceed the bounds of their commission, or of prudence, but could not prevent smuggling, or protect informers from insult and abuse. Even skippers, bound to different parts of the colony, had their vessels stopt and libelled, for having uncleared articles of trifling consequence on board. Persons who ventured to lodge informations, when discovered, were often subject to a treatment which gave them a ridiculous appearance, and laid them under a difficulty to clear themselves of the dress imposed upon them. They were stripped, well tarred, and then covered with feathers. The punishment took so with the lower class of people, that afterward it was not confined to informers, but was also applied by them to others who offended their dread majesty. There was a degree of intemperance and indiscreetness on the part of the commissioners and custom-house officers, which tended to irritate; whereas the utmost lenity and forbearance were requisite in order to general tranquility. Mr. _Eliot_, at _New-York_, where smuggling was as prevalent as at Boston, found it necessary to wink at many irregularities, that he might prevent disturbances and ill humor among the body of merchants. The commissioners expressed their dissatisfaction, and wanted him to alter his line of conduct: he stated the case to a friend at home, and by his influence was secured from such like directions in future. They transmitted to Britain such representations of Mr. _Otis_, jun. as provoked him to insert a publication in the Boston gazette, which brought on an affray at the coffee-house between him and Mr. _Robinson_, one of the commissioners, from the latter’s attempting to pull the other by the nose, because of some expressions in the said publication. Mr. Robinson being in danger of coming off with the worst, several of the company fell upon Mr. Otis; some of whom held him, while others struck him with canes or different weapons. A friend passing along, observed what was doing, pressed in and rescued Mr. Otis, though he himself suffered considerably from the assailants. The noise soon drew multitudes about the house, when Mr. Robinson and his associates prudently retreated by means of a backdoor.[101] This procedure of the revenue officers (for no military one was present) opened a large field of altercation and multiplied quarrels, which were before too frequent between the king’s officers and the leaders of opposition.

Governor _Bernard_ could carry nothing in the govermental way through the presence of the troops, but was continually losing ground, and growing more and more obnoxious to the inhabitants; so that he was abused in scurrilous publications, for which the Boston gazette was notorious. They were craftily calculated for the meridian where they first appeared, and suited the too levelling disposition of the _Bay-men_; after the politicians had encouraged a spirit of licentiousness, in order to weaken the force of government, and counteract the designs carrying on against their liberties: but their want of decency offended many of the sons of liberty in the other colonies. Heavy threats were also thrown out against the governors personal safety. Of these however he was regardless; and being asked by a friend, how he could venture to walk about alone at his country seat, only five miles from the center of Boston, and whether he was not afraid, he answered, “No, they are not a blood-thirsty people.”

At length it was thought proper to recal him, as said, to lay before his majesty the true state of the province: this he signified to the assembly in the month of June. Before they were prorogued they embraced the occasion for drawing up a petition to his majesty in which, after complaints of him, they entreated that he might be for ever removed from the goverment of the province. When his letters, written home in confidence, came to be exposed to public view, it would have argued great weakness to have continued him, unless it was designed to adopt his plans, and support him by force at all adventures. Governor Bernard was too open, and had too little command of his temper; and suffered his resentment to get the better of what ought to have been his political judgment. Every governor should divest himself of resentment, especially in his public capacity, as his own happiness, and that of the governed require it.

Men of spirit may be drawn, when they will not be forced—Sir Francis, instead of aiming his censures at individuals, directed them against whole bodies. Thus he charged the council with servility to the populace, the pleasing of whom, he said, was the rule of their conduct, and also both houses of the general assembly expressly, in his speeches, with oppugnation against the royal authority, declaring that they had left gentlemen out of the council, only for their fidelity to the crown. Such charges strengthened the hands of those whom he most opposed, by touching the honor of the whole. Had they been true, they should have been suppressed or mentioned only in private; but though the substance of them even was true, when applied to individuals, it might be otherwise when applied to the body, the majority of whom might act upon different principles. Political leaders frequently throw out motives, by which to catch and conduct the well-intentioned, differing from those by which they themselves are actuated. Sir Francis did not possess those mollifying arts which the ferment of the times required; and was more ready to aggravate disorders than to apologize for them. It was common for him in his official letters, to stile the opposition the faction, even while he owned that it comprehended the majority of the assembly. A parental governor would have thrown in many hints to have lessened the displeasure of persons in power, on account of offences committed at three thousand miles distance, under an enthusiastic attachment to the cause of liberty, at a period when divers outrages were perpetrated at home, by mobs in various parts of the kingdom. He evinced too great an inclination to make the worst of every thing; and at times hearkened to and transmitted the strangest rumours. He was a principal instrument in bringing the troops to Boston. It was a favorite measure with him and the lieutenant governor long before it was executed. While he professed himself a friend to the province, he was endeavoring to undermine its constitution, and to obtain an essential alteration in the charter, through an appointment of the council by the king, instead of its continuing in the election of the general court, where the representatives of the people necessarily carried it, whenever they united.

Toward the end of June he had the fairest opportunity of getting the troops removed from the Massachusetts, but opposed the measure. General Gage desired general Mackay to consult with him concerning the necessity of continuing the troops at Boston, and to procure his opinion in writing, whether his majesty’s service required that troops should remain there any longer, and what number, whether one or two regiments. It is impossible to express his surprise at the proposition. The knowledge of it, so far as it reached, occasioned a consternation among the civil officers of government, its friends, and the importers of goods from Great-Britain. Gage, in a letter, requested his opinion, and assured him he should not publish it, or make it known on this side the Atlantic. He immediately answered, that he had no hesitation to declare his opinion that it would be detrimental to his majesty’s service to remove any of the two regiments remaining; and that it would be quite ruinous to the cause of the crown to draw all the troops out of Boston; but that he was inclined to think, that a regiment in town, and another at the castle, might be sufficient. He had time enough in which to have ripened a plan with the court for the removal of the troops, to the joy of the country, and with safety to the civil officers and supporters of government. But he too early for his own peace and the happiness of his government, deviates from the line of conduct marked out for him by lord Halifax immediately after his appointment, when it was recommended to him to see and converse with governor Pownal, of whom his lordship wrote in the same letter, “It is impossible to pursue a better plan of government than what he directed himself by.” However, his conduct was so agreeable to the ministry, that a title was secured him. He was created a baronet, March the twentieth, 1769; and his majesty took upon himself the whole expence of passing the patent, which added greatly to the honor done him, as it was a favor seldom or ever before granted. Sir Francis, during his eleven years residence in America, made very little advance in his estate. The Boston sons of liberty had great advantages against him, from the early intelligence procured by the supposed author of Junius Americanus, and forwarded for safety under an unsuspected coarse paper cover, to Mr. Thomas Bromfield, glover, at Boston. Sir Francis was astonished to find that the contents of his letters from ministry were known by them as soon as by himself. When he embarked from the castle on board the Rippon man of war, for Great-Britain, August the first, few lamented his departure. Even his friend, the lieutenant governor, Mr. Hutchinson, regretted not his recal; by it he gained an opening for succeeding to the chair, to which he had been long looking, and was in hopes of being advanced.

Boston and New-York entered into the non-importation agreement so early as August the preceding year; before the present was out they began to be embarrassed, and numbers grew weary of their engagement. Advantage was taken of these circumstances. The British officers, either of their own thought, or through hints from home, offered merchants the liberty of having their goods directed to them, as though intended for the army; and many were got in under that cover, especially at New-York. Several persons imported into Boston and sold freely, without its being particularly noticed, while a few only were called to an account and exposed in the newspapers. This occasioned an alarm; and the people assembled at Faneuil-hall [Jan. 23, 1770.] in consequence of a notification, upon the business of preventing the non-importation agreement’s being rendered abortive.

Mr. _Theophilus Lillie_, observing the gross partiality which prevailed in suffering some to sell, while a few others were proscribed; determined upon selling his goods also. To point him out as inimical to the agreement, and a person whose shop was to be shunned, a piece of pageantry was placed before the door. Mr. _Richardson_, attempting to remove it, was driven into his house by a number of boys, and there attacked by stones through the windows. Provoked, rather than endangered by the assault, he fired and killed _Christopher Snider_ [Feb. 22.] a lad of eleven years old, who was recorded in the public prints as the first martyr to the noble cause of liberty. The boy was buried with the greatest respect imaginable, according to the custom of the country; and such was the number of people following the corpse, that the foot procession extended a full quarter of a mile. The event tended rather to promote than injure the non-importation agreement. Boys, small and great, and undoubtedly men, had been and were encouraged, and well paid by certain leaders, to insult and intimidate those who had avowedly counteracted the combination, and still persevered. The lieutenant governor in April, attempted prevailing upon a merchant of the first estate and character, to promote an association in opposition to the non-importation agreement, but to no purpose; and received for answer, “Until parliament makes provision for the punishment of the confederacies, all will be ineffectual, and the associates will be exposed to popular rage.” Another meeting was called to determine whether the goods already arrived and those expected, should be sent back to Britain. A gentleman having received a letter from a member of parliament, in which it was said, that shipping back £.10,000 of goods will do more than storing £.100,000 and the same being communicated, the scale, when upon a balance, was turned, and all the importers belonging to the town submitted to send their goods back; and in May many were re-shipped on board captain Scott. The leaders gave out that it was done voluntarily; and yet the major part of the merchants wished to see the trade free from restraint; but having in the height of their zeal, called in the populace as their servants, to intimidate those who refused to join in the combination, they were now forced to submit to them as their masters, under the influence of a few of the merchants, who still adhered to their first plan. Several of the last importers begged with tears, that they might be allowed to house their goods, but it was not granted. One who had been pretty sturdy, had a committee of tradesmen sent him, with an axe-man, a carpenter, at their head, who told him that there were a 1000 men waiting for his answer, and if he did not comply, there was no saying what would be the consequences. The strength of the argument prevailed; and a day or two after the paper published that he complied voluntarily. The Bostonians moreover resolved to break off all trade with the Newport people, because of their duplicity, and breaking through the non-importation agreement. The next month Hartford followed the example of Boston. But about the same time the New-Yorkers, by dexterous management, were brought to agree to import—“every thing except such articles as are, or may hereafter be, subject to duty for the purpose of raising a revenue in America.” Government gained a party in the committee of merchants, who took advantage of the charges brought against Boston of importing large quantities of goods; and Mr. Hancock was complained of for suffering them to be brought in his vessels. By these means they prepared the minds of the people for the execution of the plan they had concerted. They did not call a meeting of the citizens, in which the vote of the populace, procured by the arts of individuals, might prevail; but went through the several wards, and took the sense of the principal inhabitants separately, when it appeared that the majority were for importing. Upon the receipt of letters from Philadelphia and Boston, the sense of the inhabitants was again taken, and turned out as before. They were severely censured by the Philadelphians for their defection, and by others also. The letter of the committee to the merchants at Boston, informing them what agreement they had adopted, was contemptuously torn to pieces. When those Yorkers who were in the interest of government, began to concert their plan, they rested on assurances of what would be done in parliament, and knew not, for certain, that the duties on glass, paper and colours had been taken off; but the news of the obnoxious act being so far repealed, reached the continent before they had fully perfected the business, on the 10th of July.[102]

The New-Yorkers were in general faithful, while their non-importation agreement lasted; more so, it was thought, than the Bostonians. These suffered much in their reputation among the sons of liberty at New-York and Philadelphia, for the large quantities of goods found by some of the newspaper publications, to have been imported into Boston. Some of the inhabitants were desirous of rolling away much of the reproach, by pointing out that, a considerable part of the goods charged to the score of Boston, belonged to Salem, Marblehead, and other ports; but when the non-importation agreements were ended, it was omitted, and thus they continued to lie under greater disgrace than really belonged to them. While the New-York plan was carrying on, a trial was made by about a dozen persons, to frighten the gentlemen who were inclined to import, from so doing, but it failed, the populace had been secured.

[April 12.] The king gave his assent to the act for repealing the duties on glass, paper, and colours. The tea duty was professedly continued as a pepper corn rent, for the point of honor, and as a badge of sovereignty over the colonies. The ministry might also mean to use it in some future period, for deeper purposes than could be then fathomed. They intended in the beginning of the session to bring in a bill against American associations; but the violence of party was such, that it was thought the times would not admit of it. The strong opposition made to ministerial measures at home, was certainly helpful to the cause of the colonies, and encouraged them to go those lengths which they would otherwise have scarce ventured upon. This, however, was not to be charged to the anti-ministerialists, as an evil for which they were answerable. Let ministers attempt at any time to make unjustifiable inroads upon the liberties of British subjects, their opponents are bound in duty, as the guardians of the public, to use all warrantable efforts to disconcert them and the mischief which follows is to be placed to the account of those who render the opposition a necessary measure.

The news of a partial repeal did not satisfy the colonists. But they attempted in vain to keep up the non-importation agreement after the defection of New-York. The Boston merchants at length, in a meeting held at the coffee-house in October, unanimously voted to alter it, and adopt the same plan of importing with that of the New-Yorkers. It appeared to be the sense of the one and the other, and also of the Philadelphians, that no tea should be imported; and that if any was brought into the several ports, it should be smuggled to avoid paying the duty. The Virginia house of burgesses, in a petition to his majesty, expressed their exceeding great concern and deep affliction upon finding, that the several acts imposing duties for the purpose of raising a revenue in America, were continued; and said, “A partial suspension of duties, and these such only as were imposed upon British manufactures, cannot remove the too well grounded fears and apprehensions of your majesty’s subjects, whilst impositions are continued on the same articles of foreign fabric, and entirely retained upon tea, for the avowed purpose of establishing a precedent against us.” The present year was marked by a different scene of blood than what offered in February, which could not be introduced in the order of time, without breaking the thread of the preceding narration.

Outrages had been committed by the soldiers; and frequent quarrels had happened between them and the inhabitants of Boston, who viewed the military as come to dragoon them into obedience to statutes, instructions, and mandates that were thoroughly detested. Each day gave rise to new occurrences which augmented the animosity. Reciprocal insults soured the tempers, and mutual injuries embittered the passions of the opposite parties. Beside, some fiery spirits who resented the indignity of having soldiers quartered among them, were continually exciting the town’s people to quarrel with the troops. Not only so, but a pompous news-paper account of a victory obtained by the inhabitants of New-York over the soldiers there in an affray, undoubtedly excited the resentment of the military at Boston, and exultations among their opponents, and thus increased the ferment. Every thing tended to a crisis; and it is rather wonderful that it did not exist sooner, when so many circumstances united to hasten its approach. The lieutenant governor did not attend to those things properly, and was not sufficiently careful to prevent consequences, by strongly urging the officers to keep their men in the barracks as much as possible, and to maintain the strictest discipline. He was desirous of recommending himself both to them and the commissioners, and therefore was very cautious lest he should offend either.

At length a private of the twenty-ninth regiment, passing along in the morning [March 2.] near Mr. John Gray’s ropewalk, being provoked by insulting words, resented it, and being overpowered, went off; but soon returned with a dozen soldiers, between whom and the ropemakers an affray ensued, which terminated in the defeat of the former; who in the afternoon armed themselves with clubs, and were on their way to renew the action, but were stopped. On this many of the town’s people were so enraged, that they determined on fighting it out with the soldiers on the Monday. The Rev. Dr. _Eliot_ was told of the determination on the Saturday; and was also informed that the bells were to be rung to assemble the inhabitants together; so that when on the Monday evening he heard them ring, he was not alarmed with an apprehension of its being on account of a fire’s breaking out in the town, which is generally the case.[103] It does not appear that any militia were called in before the firing upon the people, or that any regular plan was formed for compelling the troops to move from the town; it is absurd to think, on the other hand, that there was a settled plot for employing the soldiers to massacre the inhabitants. But from the characters, principles, and politics of certain persons among the leaders of the opposition, it may be feared, that they had no objection to a rencounter, that by occasioning the death of a few, might eventually clear the place of the two regiments. That some design was on foot, which might be attended with danger in the execution, may be gathered from lieutenant-colonel Marshall’s saying, when giving evidence for the crown—“The bells were ringing, and the people began to collect as they do at the cry of fire, and I began to think it was fire. I had a mind to go out, but I had a reluctance, because _I had been warned not to go out that night_;” meaning in which the men were shot.[104]

[Mar. 5.] Between seven and eight o’clock at night, unusual numbers are met coming from the south end of the town, with sticks in their hands, and serious consequences are apprehended from it. About the same time parties, amounting in the whole to near two hundred, several with great sticks or clubs, proceed from the north end, some of whom say, “let us go to the south end and join our friends there, and attack the damned scoundrels and drive them out of the town; they have no business here.”—More people than common, with large sticks, are observed running from all quarters toward King-street. The north end parties collect in and about Dock-square, and attack several soldiers belonging to Murray’s barracks about nine o’clock: upon an officer’s coming up, these are ordered to their barracks, and when got in, with much difficulty, are immediately confined. The mob follow the officer to the gate, and provoke the soldiers by the most abusive language, and dare them to come out. They are hardly rastrained by their officers from doing it. While these things are transacting, some are calling _town born turn out_, twenty or thirty times over; others cry _fire, fire_, in different places, the more effectually to draw people out of their houses, and to increase their numbers; and soon after the nine o’clock bell has ceased, the bells are set a ringing, which those who are not better informed, imagine to be the alarm of fire.

Upon the soldiers being restrained to the barracks, the mob are desired by one or more considerate persons to return home. A few comply, but the generality have something further to engage their attention. Numbers employ themselves in tearing up the stalls of the market-place in Dock-square, for the purpose they express while calling out, “Damn the dogs, where are they now? Let us go and kill that damned scoundrel of a sentry, and then attack the main-guard.” The body of the mob when they have finished their repeated attacks upon the barracks, are addressed in the street by a tall large man in a red cloak and white wig. After listening to what he has to offer, in the space of three or four minutes they huzza for the main-guard, and say, “We will do for the soldiers.” They separate into three divisions, and take different routs for King-street, one through the main-street. A party, who have collected at Oliver’s-dock, bend their course toward the same point. In the mean time, the sentry before the custom-house is assaulted while upon duty. A boy comes up, and pointing to him, says, “There is the son of a bitch that knocked me down.” About twenty young fellows, eighteen years old, call out, “kill him, kill him, knock him down.” Their behavior obliges him to load his gun. They pelt him with snow-balls, pieces of ice, and any thing that offers, and halloo, “fire and be damned.” They advanced upon him; oblige him to retreat; he mounts the steps, and knocks at the door for admission. Meeting with no relief in this way, more persons collecting in the street, and his danger increasing, he calls out to the main-guard, within hearing, for protection. Captain Preston, the officer of the day, being told that the ringing of the bells is the signal for the inhabitants assembling to attack the troops, repairs to the main-guard; and learning the situation of the sentry, sends off a corporal and six men to protect both him and the king’s chest in the custom-house. The soldiers march off with their pieces unloaded, and the captain follows to prevent disorder. Ere they have formed, that part of the mob which comes through the main-street, and appears to be headed by the mulatto Attucks, and to contain a number of sailers, upon coming to the town-house, exclaim—“Damn the rascals, this will never do; the readiest way to get rid of those people, is to attack the main-guard; strike at the root, this is the nest.” The soldiers are pelted while going to defend their comrade; and, when upon their station, are served as was the single sentry, have snow-balls, large pieces of ice, sticks and other things thrown at them, and are obliged to load for their own safety. The reproachful language with which they are abused exclusive of a plenty of oaths and execrations, is, “Come on you rascals, you lobster scoundrels, you bloody-backs, you cowards, you dastards for bringing arms against naked men; fire if you dare; fire and be damned, we know you dare not.” and much more to the same purpose. The reason for saying “you dare not fire,” is probably to be found in the doctrine latey advanced, “that soldiers, while on duty, may upon no occasion whatever fire upon their fellow-subjects, without the order of a civil magistrate.” The mob press in upon the soldiers, advance to the points of the bayonets, are desired to keep off, and are treated with cautious attention. This may be owing to apprehensions of danger to themselves in case of contrary conduct. The shouts, huzzas, threats, screams, and almost yells of the mob, with the ringing of the bells to increase the general confusion, may justly alarm them; but their precaution soon avails nothing. While they are pushing off the people, without once leaving their station or attempting to follow them, the mulatto, and about a dozen persons, several in sailors habits, come down to the spot, give three cheers, surround the soldiers, and strike their guns with clubs, crying out to the others, “Do not be afraid of them, they dare not fire; kill them, kill them; knock them over.” The mulatto aims a blow at captain Preston, strikes down one of the guns, seizes the bayonet with his left hand, and shows a hardy disposition answering to the threats which have been uttered. At this instant, there is a confused cry of “damn your bloods why don’t you fire,” and partly from persons behind the captain. Firing succeeds. Montgomery, whom the mulatto has assaulted, after recovering his legs, and relieving his gun by a sudden twitch, is the first that fires, and his assailant falls. After six or eight seconds, another fires, the other five follows in quick succession. It is agreed, that only seven out of the eight soldiers discharge their pieces, and that no one fires twice. Three persons are killed; five are very dangerously wounded, and a few slightly. Most are either passengers going through the street, or unassisting spectators. It is well that no more are killed, considering that there were from fifty to a hundred about the soldiers. They ran off at the firing, but soon assemble again to take away the dead and wounded.

The whole town is immediately in the greatest commotion. Their drums beat to arms, and there is a constant calling out, “to arms, to arms, turn out with your guns.” The townsmen assemble in the next street, to the amount of some thousands. The lieutenant-governor repairs to captain _Preston_, and upon coming up, asks him, “how came you to fire upon the people without the orders of a civil magistrate?” The captain begins to apologize for what had happened, by saying, “_we were insulted_;” and is about adding more, but recollecting the impropriety of the place, stops short, and asks Mr. _Hutchinson_ to walk up into the guard room, where he means to finish what he has begun; but the lieutenant-governor goes to the council chamber. The captain’s words are observed by some gentlemen, who attend Mr. Hutchinson, and are considered as conceding to the implied charge of having given direction to fire, and are remembered to his disadvantage. Mr. Hutchinson cannot avoid exposing himself in the midst of the enraged inhabitants, upon whom he prevails to disperse till morning. It having been a clear moon-light night, persons have been enabled to distinguish what passed.

[March 6.] The next morning the people collected in vast bodies. The lieutenant-governor summons a council. Before any debate commences, lieutenant-colonel _Dalrymple_, and lieutenant-colonel _Carr_ attend, being informed that they may if they will. The town meets in full assembly, and choose a committee, who, while the business is largely discussing in council, wait upon the lieutenant-governor and deliver him a message, declaring, “It is the unanimous opinion of the meeting, that nothing can rationally be expected to restore the peace of the town, and prevent blood and carnage, but the immediate removal of the troops.” Colonel Dalrymple signifies to Mr. Hutchinson, his readiness to place the 29th regiment, which has rendered itself in a special manner obnoxious, in the barracks at the castle.

In the afternoon the lieutenant-governor receives another message, acquainting him, that it is the opinion of the meeting, consisting of near three thousand people, that nothing but a total and immediate removal of the troops will satisfy. Mr. _Samuel Adams_, one of the committee, in his venerable grey locks, and with hands trembling under a nervous complaint, tells colonel _Dalrymple_, “If you can remove the 29th regiment, you can also remove the 14th; and it is at your peril if you do not;” and continues talking to him in such a resolute tone, and with such strong implications, as nearly to communicate the trembling to the colonel. Mr. _Hutchinson_ wishes to get clear of the council, but finds it impossible; and therefore lays the matter before them. Several declare their apprehensions of more bloodshed, unless the troops are removed. Mr. _Royal Tyler_ in his zeal for effecting it, say to him, “It is not such people as formerly pulled down your house who conduct the present measures. No; they are people of the best characters among us, men of estates, men of religion. They have formed their plan for removing the troops out of town, and it is impossible they should remain in it. The people will come in from the neighboring towns; there will be ten thousand men to effect the removal of the troops, who will probably be destroyed by the people, be it called a rebellion, or occasion the loss of our charter, or be the consequence what it may.” When Mr. _Tyler_ said, _they have formed their plan_, it was not to be understood that the plan was formed prior, but subsequent to the bloodshed of the preceding evening. His representations might be aggravated: even when there is not a natural cast for the hyperbole, persons inflamed by passion, will imperceptibly have a recourse to the figure. Mr. Hutchinson tells the council, “Nothing shall ever induce me to order the troops out of town.” They, upon that, unanimously advise him to request colonel Dalrymple to order them to the castle. To the colonel he says, “I have nothing to do with it, it lies wholly with you.” While they are pressing him, the people are informed, that the colonel is ready to remove the rigiments, if the lieutenant governor will only join in desiring it. He inclines to stand out, and to leave it with the colonel and council to settle as they can agree about the business. He deliberates till near night, dreading lest any one measure he may adopt, shall lessen him in the opinion of the ministry and endanger his advancement. At length the secretary, Mr. _Oliver_, perceiving how artfully matters are managed, whispers him in the ear, “you must either comply or determine to leave the province.” This prevails; he complies with the advice of the council, and the general ferment begins to subside. The troops, however, are not removed so early as is expected by the town; they continue till the next Monday; and upon the colonel’s being asked the reason, he mentions that it lies at the door of the lieutenant governor, who shuffles with the colonel, in hope that some occurrence will exist, which may exempt him from being charged with occasioning the removal of the troops by the interposition of his advice.

Meanwhile captain Preston and his party are committed to jail. One of the wounded men dies. It is determined to bury the four persons[105] in one vault, and in a peculiarly respectful manner. [March 8.] The generality of the shops in town are shut. All the bells of Boston, Charlestown, and Roxbury, are ordered to toll in the most doleful tone. The corpses form a junction in King-street, where they fell when the soldiers fired. Hence they proceed in orderly succession through the main street, followed by an immense concourse of people, so numerous as to be obliged to go in ranks of six a-breast, and the whole closed by a long train of carriages belonging to the principal gentry of the town. Thus are they distinguished and honorably attended to the place of interment, with unparalleled pomp, not on account of personal merit, but to express the vehement indignation of the inhabitants against the slaughter of their brethren, by the British soldiery quartered among them, in violation, as they imagine, of their civil liberties.

[October 24.] Captain Preston’s trial begins. Messrs. John Adams and Josiah Quincy are his council. They are warm in the cause of liberty, and offend several of their own party by undertaking the defence of the prisoner; but faithfully employ their distinguished abilities in his behalf. The trial does not finish till the thirtieth. While carrying on, Mr. Quincy pushes the examination and cross-examination of the witnesses to such an extent, that Mr. Adams, in order to check it, is obliged to tell him, that if he will not desist, he shall decline having any thing further to do in the cause. The captain and his friends are alarmed, and consult about engaging another counsellor; but Mr. Adams has no intention of abandoning his client. He is sensible that there is sufficient evidence to obtain a favorable verdict from an impartial jury; and only feels for the honor of the town, which he apprehends will suffer yet more, if the witnesses are examined too closely and particularly, and by that mean more truth be drawn from them than what has an immediate connection with the soldiers firing, by or without the orders of the captain. When the trial is ending, judge Lynde, toward the close of his speech, says, “Happy am I to find, after such strict examination, the conduct of the prisoner appears in so fair a light; yet I feel myself deeply affected, that this affair turns out so much to the disgrace of every person concerned against him, and so much to the shame of the town in general.” The jury returned their verdict—Not guilty.

[Nov. 27.] On Tuesday commences the trial of William Wemms, James Hartegan, William M‘Cauley, Hugh White, Matthew Killroy, William Warren, John Carrol, and Hugh Montgomery, soldiers in the 29th regiment, for the murder of Crispus Attucks, Samuel Gray, Samuel Maverick, James Caldwell, and Patrick Carr, the last of whom did not die till ten days after he was wounded. The soldiers have the same counsel that was engaged for their captain. The trial is continued from day to day, Sunday excepted, till Wednesday, December the fifth. Attempts were made to prejudice the people against the prisoners, one especially in a certain weekly paper the day before the trial began. The publication included an insult on the supreme court, and expressed the greatest malignity of heart.—To counteract the baneful effects of all such proceedings, Mr. Quincy, in his address to the justices and jury, observes—“We must steel ourselves against passions, which contaminate the fountain of justice. Let it be borne deep upon our minds, that the prisoners are to be condemned by the evidence _here in court_ produced against them, and by nothing else. Matters heard or seen abroad, are to have no weight; in general they undermine the pillars of justice and truth. As though a series of _ex parte_ evidence was not enough, all the colours of the canvas have been touched in order to freshen the wounds, and by a transport of imagination we are made present at the scene of action. The prints exhibited in our houses have added wings to fancy, and in the fervor of our zeal, reason is in hazard of being lost. The pomp of funeral, the horrors of death, have been so delineated, as to give a spring to our ideas, and inspire a glow incompatible with sound, deliberate judgment. In this situation, every passion has alternately been predominant. They have each in turn subsided in degree, and they have sometimes given place to despondence, grief, and sorrow. How careful should we be, that we do not mistake the impressions of gloom and melancholy, for the dictates of reason and truth! How careful, lest borne away by a torrent of passion, we make shipwreck of conscience!

“Many things yet exist sufficient to keep alive the glow of indignation. I have aimed at securing you against the catching flame. I have endeavored to discharge my duty in this respect. What success will follow those endeavors, depends on you, gentlemen. If being told of your danger will not produce caution, nothing will. If you are determined in opinion, it is in vain to say more; but if you are zealous enquirers after the truth; if you are willing to hear with impartiality, to examine and judge for yourselves, enough has been said to apprize you of those avenues at which the enemies of truth and justice are most likely to enter, and most easily to beset you.”

When the evidence in favor of the prisoners is finished, Mr. Quincy resumes his address—“I stated to you, gentlemen, your duty in opening this cause. I pointed out the dangers to which you were exposed. How much need was there that you should suspend your judgment till the witnesses were all examined!—How different is the complexion of the case? Will not all this serve to show every honest man the little truth to be attained in partial hearings? This trial ought to have another effect; it should serve to convince us all of the impropriety, nay, injustice, of giving a latitude in conversation upon topics likely to come under a judicial decision; the criminality of this comduct is certainly inhanced, when such loose sallies and discourses are so prevalent as to be likely to touch the life of a citizen. In the present case, how great was the prepossession against us! and I appeal to you, gentlemen, as to what cause there now is to alter our sentiments.”

In the course of pleading, he is under a necessity of saying,—“And here, gentlemen, I must first tell you by what law the prisoners are _not_ to be tried or condemned. And they most certainly are _not_ to be tried by the _Mosaic_ law: a law we take it, especially designed for the government of a peculiar nation, who being in a great measure under a theocratical from of government, its institutions cannot, with any propriety, be adduced for our regulation in these days. It is with pain, therefore, I have observed any eadeavor to mislead our judgment on this occasion, by drawing our attention to the precepts delivered in the days of Moses: and by disconnected passages of scripture, applied in a manner foreign to their original design or import, there seems to have been an attempt to touch some peculiar sentiments which we know are thought to be prevalent; and in this way we take it, an injury is like to be done, by giving the mind a bias it ought never to have received, because it is not warranted by our laws.”

“We have heard it publicly said of late, oftener than formerly, _Whosoever sheddeth man’s blood, by man shall his blood be shed_. This is plainly, gentlemen, a general rule, which like all others of the kind must have its exceptions—a rule, which if taken in its strict literal latitude, would imply, that a man killing another in self-defence, would incur the pains of death—a doctrine that certainly never prevailed under the _Mosaical_ institution; for we find the _Jews_ had their six cities of refuge, to which the man-slayer might flee from the avenger of blood.” Let it be observed _en passant_, that it was ordained that the man-slayer should abide in the city of refuge till the death of the high-priests, so every person to escape such confinement and restraint, would be extremely careful lest he should prove the casual occasion of another’s death; and would not venture upon gratifying a settled or sudden evil disposition, by needlessly slaying a fellow-creature, because it would pass for chance-medly. But to go on in company with Mr. Quincy. “And so, that _the_ MURDERER _shall flee to the pit_, comes under the same consideration. And when we hear it asked, as it very lately has been,” Who DARE stay him? “I answer, if the laws of our country stay him, you ought to do likewise; and every good subject _dares_ to do what the law allows. But the very position is _begging the question_; for the question now in issue is, whether either of the prisoners is _a murderer_ in the sense of our laws, what is murder and what not, is a _question of law_ arising upon facts stated and allowed.”

“Again, you shall take no satisfaction for the life of a _murderer_, who is _guilty of death_.” Here again is a begging the question; and moreover the words _guilty of death_, if rightly considered, must be one of those general rules which always have their exceptions. But in the margin of our great bible, we find them rendered _faulty to die_. Against a position of this kind we have no objection. If we have committed _a fault_, on which our laws inflict the punishment of _death_, we must suffer. But what fault we have committed, you are to inquire; or rather you, gentlemen, are to find the _facts proved in court against us_, and the judges are to see and consider what the law pronounces touching our offence, and what punishment is thereby inflicted as a penalty.”

Mr. John Adams, in his pleadings, produces from the best authorities, those rules of law which must govern all cases of homicide, and particularly that which is before the court; and then considers the evidence, to see whether any thing has occurred that may be compared to the rules of law. He enters into a minute consideration of every witness produced on the crown side; and endeavours to show from the evidence on that side, that the assault upon the party was sufficiently dangerous to justify the prisoners; at least that it was sufficiently provoking to reduce to manslaughter the crime even of the two, who are supposed to be proved guilty of having killed. He then proceeds to consider the testimonies of the witnesses for the prisoners; and concludes with—“I will enlarge no more on the evidence, but submit to you, gentlemen.—Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence: nor is the law less stable than the fact. If an assault was made to endanger their lives the law is clear, they had a right to kill in their own defence. If it was not so severe as to endanger their lives, yet if they were assaulted at all, struck and abused by blows of any sort, by snow-balls, oyster-shells, cinders, clubs, or sticks of any kind, this was a provocation for which the law reduces the offence of killing down to manslaughter, in consideration to those passions in our nature which cannot be eradicated.—To your candor and justice I submit the prisoners and their cause.”

“The law, in all vicissitudes of government, fluctuations of the passions, or flights of enthusiasm, will preserve a steady undeviating course; it will not bend to the uncertain wishes, imaginations, and wanton tempers of men. To use the words of a great and worthy man, a patriot, and an hero, an enlightened friend of mankind, and martyr to liberty, I mean ALGERNON SIDNEY, who from his earliest infancy sought a tranquil retirement under the shadow of the tree of liberty, with his tongue, his pen, and his sword. “The law (says he) no passion can disturb. ’Tis void of desire and fear, lust and anger. ’Tis mens _sine affectu_; written reason; retaining some measure of the divine perfection. It does not enjoin that which pleases a weak, frail man, but without any regard to persons, commands that which is good, and punishes evil in all, whether rich or poor, high or low. ’Tis deaf, inexorable, inflexible.” On the one hand it is inexorable to the cries and lamentations of the prisoners; on the other it is deaf, deaf as an adder to the clamors of the populace.”

The judges when summing up the evidence to the jury, and giving their opinions of the constructions of law upon the evidence apply themselves to the removing of those bad impressions, which may possibly have been made upon the jury by the misconstruction of scripture passages. Says one of them—“In the course of this year you doubtless have heard much of the law given to the _Jews_ respecting homicide, as well as of the precept given to Noah, that _whoso sheddeth man’s blood, by man shall his blood be shed_. Whence it has been inferred, that whosoever _voluntarily_ kills another, whatever the inducement or provocation may be, is a _murderer_, and as such ought to be put to death.—But surely not only the avenger of blood, and he who killed a thief breaking up a house in the night, were exceptions to that general precept, but also he who killed another in his own defence. Even the Jewish doctors allowed this, and that justly; because the right of self defence is founded in the law of nature.” It appears upon the trial, that the facts related above, under the fifth of March are well attested. There are no less than _thirty-eight_ witnesses to prove a design to attack the soldiers. Six of whom the council for the king have produced. Nigh _thirty_ witnesses have sworn to words of provocation uttered against the prisoners, as daring them to fire, and threatening to kill them; and _twenty-five_ have witnessed to _ice_, _snow-balls_, _sticks_, &c. being thrown at them, ten, of whom are witnesses for the crown.—There is evidence that Patrick Carr, one of the deceased, repeatedly declared and confirmed the same but a few hours before he died—that he went with a design against the soldiers; that he thought they were abused and would have fired before; that he forgave and did not blame the man, whoever he was that shot him; that he blamed himself for going to the riot, and might have known better, for he had seen soldiers called to quell riots, but never saw any bear half so much before. The jury withdrew for about two hours and a half. Upon comparing the evidence, they cannot be convinced that the soldiers were not too hasty in firing. Was there evidence of all having fired, they would convict all of manslaughter; but it is agreed on all hands, that no more than seven guns were fired, consequently one is innocent, and they choose that the guilty shall escape rather than one innocent person be convicted.[106] They return into court and agree, that as to Wemms, Hartegan, M‘Cauley, White, Warren, and Carrol, they are not guilty, on which they are immediately discharged. As to Killroy and Montgomery, they agree that they are not guilty of murder, but of manslaughter. Both pray the benefit of clergy, which is allowed; each is burnt in the hand in open court, and discharged. [Dec. 5.] The trial has been long, but the issue of it, as well as of that of the captain’s, may be brought in proof of the integrity of Boston juries, venturing to give upright verdicts in defiance of popular opinions.

[Dec. 12.] Edward Manwaring, esq. John Munroe, gentleman, Hammond Green, boat-builder, and Thomas Greenwood, labourer, were tried for being present, aiding, assisting, &c. William Warran in the murder of Crispus Attucks. The whole evidence consisted in one witness’s declaring that he saw two flashes from the custom-house, one from the balcony, the other from a chamber window, and a person in the balcony with a gun or pistol in his hand; and in the testimony of a French boy, servant to Mr. Manwaring, who swore to his being at the custom-house when the soldiers fired, and to a story of persons firing out of the chamber window. The falsehood of the whole evidence was immediately detected by a number of the most creditable witnesses, so that the jury acquitted the prisoners without going from their seats.

In the pleadings upon the trials, (of the soldiers especially) Mr. John Adams discussed the subject of homicide so largely, and showed so fully by what a variety of circumstances it was reduced to manslaughter, that the popular leaders perceived the necessity of altering their plan of opposition to the military, and from thence forward promoted a particular attention to the militia and the manual exercise, that the country might be qualified for repelling arms by arms, whenever the same should be requisite for the preservation of their liberties.

The ferment occasioned by the minesterial measures did not subside in the New-York colony any more than in the Massachusetts.