CONTINUATION 
 
 OF THE 
 
 HISTORY 
 
 OF THE 
 
 PROVINCE 
 
 O F 
 
 MASSACHUSETTS BAY, 
 
 From the Year 1748 to 17 65. 
 
 WITH AN 
 
 INTRODUCTORY SKETCH OF EVENTS FROM 
 ITS ORIGINAL SETTLEMENT. 
 
 By GEORGE RICHARDS MINOT, 
 
 Fellow of the American Academy* of Arts and Sciences, and 
 Member of the Maffachufetts Hiftorical Society. 
 
 VOL. II. 
 
 ]3ufa(tfl)et) according to 3ft of Congrefg. 
 
 BOSTON: 
 
 Printed for J. WHITE (sf Co. Profrietors, 
 
 BY MANNING LOR1NG. 
 
 June , 1803. 
 

 
 i ; : r,-; v 
 
 T •'< • 
 
 &¥ a or a, i h 
 ■M 6 £x 
 v .2 
 
 ; 
 
 ' 
 
 ■ *+.**: i }. 'j.~ < \ 
 
 t\ ■ ■' 
 
 
 t . V* t 
 
 ?r 6 
 
 '■ ■■ '• y \ • ■ - ■• r 
 
 ^ - - ' - ; 
 
 
 
 H. ji'-i ' .'V • . ■ • . . 
 
 
 
 tk> 2S> *i- 
 
 . 
 
 
 ■ 
 
 MAY 2 0 37 
 
 , 5 U 338 JiCC 
 
 If SW 
 
 
 
 \ VL 0 i i 0 jw 
 
 t?aOf|UfOi'I «~0 2) 3 - V .T U « C 
 
 .rnijr j ^3 vi 
 
 •C^ 1 »*** 
 
 BOSTON COLLEGE LIBRARY 
 CHESTNUT HILL, MA 
 
 u 
 
Jl UDGE MINOT fprung from an old and 
 refpeclable family, and was bom in Bofton in the month 
 of December, 1758. 
 
 After obtaining the advantages of a collegiate educa- 
 tion, and purfuing the regular routine of ftudy, he was 
 admitted to the bar in 1782. He foon after became a 
 magiftrate, and for feveral years Judge of Probate. He 
 was the firft Judge of the municipal court in the town of 
 , Bofton ; and in all the offices he filled obtained the repu- 
 tation of an upright and impartial difpenfer of the laws. 
 He was temperate and cautious in difcuffion, firm and 
 humane in his decifions. He was the author of feveral 
 publications that merited and met general approbation. 
 He had nearly completed a fecond volume of his Hiftory 
 of Maffachufetts, when he was fuddenly called from his 
 literary labours to receive the reward prepared for the 
 juft. He had intended continuing his Hiftory to the 
 commencement of the revolutionary war, had health and 
 life been fpared him. Having reached that happy inde- 
 pendence, which entitled him to polfefs the otium cum dig- 
 nitate , he died and left a character that will be often quo- 
 ted, by a large circle of literary friends, who loved him 
 for his virtues, and admired him for talents, which time 
 will no otherwife affed than to appreciate. 
 

 
 
 | X 3 T 
 
 ii • . rkiuiim *** 
 
 
 aiwpMI 
 
 ' 5 / V *1 
 
 -mJV-yr-V* # V fcvi** vfcjrtV, ... 
 
 «nvj- Vi \t «*«o *s* 
 
 * 
 
 m ■ «r* ; ' mtr •. • .>« : n* * wtr fyctXv * ? . 
 
 ' 
 
 n a •• •: -f ' ; Jt'n»? :»n. * } *' (r^rwt^ ' T 
 
 uv: -.v tv JiiLi :u.' ■. *£ » ;) ^ r^rj» «. o • 
 
 »1 >i : ;' ! • iflT. , ■ ;.'. . • : 
 
 
 
 >u a a a o 
 
 - 1 - 1 ' • •■■" ■ • -rt *•..: ,> ' -< «IM 4*4 uv>i 
 
 ■ w » ! ; w 
 
 fntr. 
 
 
 teWN' W! a 
 
 v ■ » f 
 
 ’. ‘ Cfc ^ '**%#» "MUtt* 
 
 *> W - -V ^ — s^^SSP'WCL 
 
 / }/i 3 S 
 
 •ac - 1 ? 
 
 n! > —• • r ' - rt^ i •' Uk~:> ■ 
 
 • s ■ * r- - - ~ ' ' v '^‘ • 
 
 ; 
 
 ,J . :>\ v i ( 4 i f 0 <y ^ 
 
 - •<> -’ -vl&i-'i tar*', * 
 
 X< , \ - -*♦**' 
 
 fT> ; ' hrr. f jrf ^aVJR >:. 
 
 f •• ' . ittjii# 3 • ' r . •«* 
 
 • • .' ,1V •,, tV'-.-r^V^-- * 
 
 . • - ' • • 
 
 . .• rW'.W& — :’A'.v< r<'\ 
 
 x 'W ^m?v^ \«vAV V.v W*<0 vl' rv. v't 
 
 ' 
 
 
 . in Vwv.^', ' yx ** ’ * **•»»’. 
 
 
CONTENTS 
 
 CHAP. X. 
 
 li/flLITAR T Council held at Bojlon — Number of the 
 troops raifed in the fever al Colonies of Ncw-En- 
 gland for the year 1 757 — Death of Lieutenant-Gov- 
 ernor Phips — Governor Pownall arrives — Fort Will- 
 iam Henry taken by the French — Controverfy between 
 Lord Loudoun and the government of Maffachufetts 
 ref peeing the right of quartering troops — General Court 
 pafs a bankrupt aEt — Adverfe Jlate of affairs at the 
 clofe of the year 1757. - - - 9 
 
 CHAP. II. 
 
 Louijbourg taken by General Amh erf 1758 — Fort Fron- 
 tenac taken by Col, Bradjlreet — French evacuate Fort 
 Du Quefne — Unfuccefsful attack on Ticonderoga — 
 Death of Lord Vifcount Howe — General Court of 
 Maffachufetts erect a monument to his memory — Attempt 
 of the French on a fort at George’s defeated — Bank- 
 rupt law difapproved by the King — Plan of military 
 operations for the year 1 759 — Number of troops voted 
 to be raifed in Maffachufetts — Meffage to the Governor , 
 fating the circumflances of the Province — Fort Pow 
 nail on Penobfcot river erefted — Succefs of the Britifh 
 arms in Canada . - - - 35 
 
 CHAP. III. 
 
 Number of troops voted to be raifed in the Province for 
 the year 1 760 — Great fire in Boflon — Peace concluded 
 with the Penobfcot Indians— -Popularity of Governor 
 Pownall — Embarks for England — Controverfy be- 
 tween the Council and Houfe refpedting the mode of paff- 
 ing the TreafurePs accounts — Reafoning of Mr. Agent 
 Boll an on the rule for apportioning the grants of Par- 
 liament among the fever al Colonies . - - 56 
 
VI 
 
 CONTENTS, 
 
 CHAP. IV. 
 
 Governor Bernard arrives — Syjlem of colonial adminif- 
 tration adopted by the Britifh mini/lers— Parties in the 
 Province — Controverfy refpeding the officers of the cuf- 
 toms — Difputes on the fubjed of writs of afpjlance — 
 and on making gold a tender. - - 73 
 
 CHAP. V. 
 
 Bill for making gold a tender paffed — Salaries of the 
 fudges of the Superiour Court reduced — Mr. Bollan 
 dif miffed, and Jafper Mauduit, Efq. appointed agent — 
 Atiempt to exclude the Judges of the Superiour Court 
 from a feat in the Legijlahtre — Arguments on the fub- 
 jed — Military events — Debate between the Governor 
 and Houfe refpeding the employment of the armed pro- 
 vincial JloGp. - - - - I ©7 
 
 CHAP. VI. 
 
 Peace in 1763 — Enmity of parties — Ecclefiafical dif- 
 pute — Plan for taxing the Colonies — Ads of trade en- 
 forced — Proceedings of the Houfe of Reprefentatives 
 thereupon — Indian war — Inflrudions to the Agent 
 againjl taxing the Colonies and enforcing the ads of 
 trade — Harvard-Hall burnt. - - 129 
 
 CHAP. VII. 
 
 Ad for raifmg a revenue in the Colonies paffed — Opinions 
 and arguments of the oppofite parties on the fubjed—* 
 Objedions of the Houfe of Reprefentatives contained in 
 their inflrudions to their agent — Committee chofen to 
 write to the Affemblies of the other Colonies — Meafures 
 reforted to by the people : affociation for the non-con - 
 fumption of Britifh, and encouragement of their own , 
 manufadures — Governor repeatedly prorogues the Gen- 
 eral Court — Clamours againfl him — Petition of the 
 General Court to the Houfe of Commons . • 153 
 
CONTENTS. 
 
 CHAP. VIII. 
 
 Difpute between the Council and Houfe refpeding the form 
 of pajfing a refolve — Extraordinary grant to the Chiej 
 f if ice carried by one vote only — Richard faclfon, jun. 
 chofen agent in the room of Mr. Mauduit — Stamp ad 
 paffed — Proceedings of the Houfe of Reprefentatives — 
 Meeting of a General Congrefs at New -York recom- 
 mended — Delegates chofen in Majfachufetts — Obferva - 
 tions on the minijlerial pretences of taxing the Colonies , 
 pullijhed at New-York — Refolutions of the Virginia 
 AJfembly — Ads of the people — Riots in Bojlon — Lieu- 
 tenant-Governor Hutchinfon’s houfe dejlroyed. - 1 92 
 
 CHAP IX. 
 
 Unfnijhed * - - « 22 1 
 
31 
 
 . ' V *\ 
 
 . 
 
 Mv.a— - it*' ■ '( v,\ m \% 
 
 .:rvw*.s>- ' ■ 
 
 -sayivO — fe-wA *» ^ m&M vw\ 
 
 . v . .' v^. > •• . ' * 
 
 vj ■ .'• ■ »- •'* 1 % V 
 
 
 *! , t ,i'-'tnA :••<•••>• "• 'Aj 
 
 ... .. a J nr.il • ’ mA ‘ 1 
 
 i, ■ !rt*l iiib b^bpsJxj x' £*, - ^ 
 
 ,*. . > *• 
 
CONTINUATION of the HISTORY 
 
 OF TRE 
 
 PROVINCE 
 
 O F 
 
 MASSACHUSETTS BAY. 
 
 VOL. II. 
 
 CHAP. I. 
 
 Military Council held at Bofton — Number of the 
 troops raifed in the fever at Colonies of New-En~ 
 gland, for the year 1757 — • Death of Lieutenant- 
 Governor P hips— Governor Pownall arrives — « 
 Port William Henry taken by the French — Contro- 
 verfy between Lord Loudoun and the government 
 of Maffachufetts refpeding the right of quartering 
 troops — General Court pafs a bankrupt ad — Ad- 
 verfe ftate of affairs at the clofe of the year 1 757 * 
 
 The difcovery of America, whick fiimU- 
 
 lated genius to fo many efforts in the ufeful 
 arts, and fo widely extended the benefits of 
 Vol. ii* B commerce* 
 
 17 $ 1 * 
 
IO 
 
 P H I P S. 
 
 commerce, increafed alfo a thirft for domin- 
 ion, and the deftrudtive confequences of wan 
 The two great rival nations of Europe, after 
 meafuring their ftrength for centuries, by- 
 regular contefts in their own neighbour- 
 hood, where the hiftory of every poll was 
 the key to its ftrength, and detailed the rifk 
 and manner of fubduing it, were now haz- 
 arding the conteft on a very different 
 ground, — in a country fo little explored, as 
 to make it extremely difficult to operate 
 fyftematically, and too recently fettled to 
 afford a juft calculation of its ftrength. 
 How to preferve what had been acquired, 
 and how to encroach upon a hoftiie territo- 
 ry, became the favourite fcience of ambition, 
 and engaged the talents of the ableft minif- 
 ters in Europe ; whilft the fcene of action 
 invited military enterprife to difplay its in- 
 genuity in furmounting the natural obftruc- 
 tions of a wildernefs, and in engaging the 
 alliance of the wavering natives. In a 
 ftruggle conduced at fo great a diftance, 
 and under fuch circumftances of uncertain- 
 ty, it was not to be expe&ed that a plan of 
 a£tion could be ftruck out, either permanent 
 in its principles, or decifive in its advan- 
 tages. The great Commoner of England, 
 
 now 
 
 / 
 
P H I P S. 
 
 1 1 
 
 now introduced at the head of the miniftry, 
 with that mafculine force of genius, which 
 exalted his adminiftration, determined to a£t 
 offenfively againft the French, and to meet 
 them in Canada. To forward his fyftem, 
 he refolved to fupport the Colonies with an 
 ample force, to banifh all jealoufy arifing v 
 from narrow ideas of compenfation, and to 
 direct the national ftrength into the chan- 
 nel, where it moft readily inclined to flow 
 and rife to its fummit, by the operations of 
 the navy. The effects of his counfels, how- 
 ever, were not to be immediately realized. 
 Another year was deftined to crown the 
 arms of France with exultation, flattering 
 indeed for a time, but the prefage of her 
 final chagrin and ruin in America. 
 
 The internal arrangements among the 
 Britifli Colonies for profecuting the war 
 were taken into confideration at an early 
 period. The annual military Council, hav- 
 ing been once held at Alexandria, and after- 
 wards at New-York, was this year convened 
 at Bofton. Lord Loudoun, arriving there 
 on the nineteenth of January, was received 
 by Governors Lawrence from Nova-Scoria, 
 Fitch from Connecticut, Hopkins from 
 
 Rhode-Ifland, 
 
M P H I P SL 
 
 Rhode-Ifland, and, in the abfence of the 
 Governor of Maflachufetts, by a commif- 
 fion from that Province : this was filled by 
 Thomas Hutchinfon the future Governor, 
 William Brattle, Thomas Hubbard, John 
 Otis, and Welles, Efquires. 
 
 The Commander in Chief addreffed the 
 Council in a fpeech, exculpating himfelf, 
 and afcribing the misfortunes of the lafl: 
 year to neglect in omitting to inform the 
 miniftry of the Crown-Point expedition, 
 with which they had not been made ac-*- 
 quainted, as late as the 17th of May, the 
 day on which he left England, although it 
 had been refolved on by the General A£* 
 fembly of Maflachufetts Bay on the 1 6th of 
 February ; — to the number of forces being 
 lefs than had been agreed on, and the troopa 
 being inferiour to thofe of former years, 
 which had obliged him to join them to the 
 regulars to the difficulties he met with in 
 connecting thefe different bodies of troops, 
 before he could effect which, the news of 
 the capture of Ofwego and other poffeffions 
 on the lakes arrived ; — to the true ftate and 
 circumftances of the forts and garrifons 
 there not being reprefented to him by his, 
 
 predeceffor * 
 
P H I P S. 
 
 *3 
 
 predeceffor ; — to his call for aid not being 
 attended to otherwife than by votes of af- 
 femblies, which effeded nothing, until the 
 arrival of the Highlanders, with whom he 
 was enabled to reinforce the provincials, and 
 by that means, to fave them from an attack, 
 and probably a defeat ; and fo the whole 
 country from being laid open. 
 
 He propofed a contribution from the Col- 
 onies of New-England of 4000 men only, 
 which he conceived they could not think 
 much of, confidering the expenfe of the 
 crown in fupporting fo many troops for 
 their defence ; and he gave affurances that 
 they fhould be employed in fuch fervice, a$ 
 might be moft congenial to their habits. 
 
 Thus were the governments of New- 
 England exhorted to their duty by a re- 
 proach upon their paft fervices ; and their 
 troops undervalued to exalt the reputation 
 of the foreign regulars, without confidering 
 that the only brilliant achievements during 
 this war had been effeded where the pro- 
 vincials alone oppofed the enemy, or were 
 aided in a very trifling degree by the king’s 
 troops $ and that fuccefs had as yet reced- 
 ed 
 
P H I P S. 
 
 ed from the Englifh arms, almoft in a direct 
 proportion, as the latter had been introduc- 
 ed to the fervice. 
 
 It having been fettled that the troops 
 were to be fupplied with provifions, ammu- 
 nition, and artillery {lores at the expenfe of 
 the crown, and that they were to ferve for 
 one year, without local reftri&ion as to any 
 particular part of the continent, the commif- 
 fioners agreed to raife the number required. 
 A difficulty fpriing up, as had happened, in 
 fad:, for feveral years pad, refpeding the pro- 
 portions of the refpedive Colonies. Mafla- 
 chufetts laboured under a much greater bur- 
 then fox the defence of the frontiers than 
 any other Colony. Eight hundred men 
 were employed by her in this fervice befide 
 three hundred in veffels of war. This con- 
 fideration out of the queflion, her quota of 
 * men amounted to feventeen hundred and 
 fifty. Thefe the commiffioners dared not 
 make an abfolute agreement to raife, but 
 undertook to recommend it. Lord Lou- 
 doun, little pleafed at feparate propofitions 
 from any Colony, urged another apportion- 
 ment on his own authority ; and at his mo- 
 tion, it was fettled, that Maffachufetts fhould 
 
 raife 
 
COUNCIL. 
 
 *5 
 
 raife 1800 men, Connecticut 1400, Rhode- 
 Ifland 450, and New-Hampfhire 350, to 
 be muftered by the 25th day of March. 
 He likewife propofed many particular ar- 
 rangements : that the men fhould be raifed 
 in companies of 120, including four com- 
 miffioned officers ; that there ihould be one 
 officer to command from each Colony, who 
 might convey the orders of the Commander 
 in Chief to his troops ; that offences not of 
 a heinous nature, fhould be tried by provin- 
 cial officers alone, and higher crimes by 
 them and regular officers conjoined, with 
 various other regulations. 
 
 Whilft the plan for raifing and forward- 
 ing the forces w r as in execution, the Hon. 
 Spencer Phips, Efq. Lieutenant-Governor 
 and Commander in Chief of the Province, 
 died at Cambridge, by which the executive 
 branch of the government devolved upon 
 the major part of the Council, according to 
 the Conflitution. He was born of parents 
 in private life, and was adopted by and 
 made heir to Sir William Phips, the firft 
 governor of the Province, under its laft 
 charter. He rofe through fucceffive offices 
 to that of Lieutenant-Governor in the year 
 
 17324 
 
 April 4. 
 
1 6 
 
 COUNCIL. 
 
 1732; and continued to hold it without 
 interruption, aCting feveral times as Com- 
 mander in Chief, until his death. He is 
 characterized as a prudent, diligent, faithful, 
 upright man in the various ftations which 
 he fuftained.* It is faid that Governor 
 Shirley’s difcountenancing his being prefent 
 in Council, when not eleCted a member of 
 that body, gave him a difguft, and led him 
 to much retirement, and an averfion to the 
 difplay of his office upon other occafions. 
 
 The Council proceeded in the neceffary 
 affairs of the government, and having railed 
 all the men required by Lord Loudoun, 
 effeCted their march, under the command 
 of Col. Jofeph Frye, to the place of ren* 
 dezvous, though not without great difficul- 
 ty, from the want of money, f A letter 
 
 was 
 
 * Dr. Appleton’s Sermon on his death. 
 
 f The eftablifhment for the pay of the forces was as 
 follows : 
 
 ARMY. 
 
 Colonel, - . per month, 
 
 £> 
 
 18 
 
 s. 
 
 0 
 
 4 
 
 0 
 
 Lieutenant Colonel, 
 
 
 0 
 
 0 
 
 Major, - 
 
 12 
 
 0 
 
 0 
 
 Captain, - 
 
 8 
 
 0 
 
 • 
 
 Firft and Second Lieutenant, 
 
 5 
 
 0 
 
 0 
 
 Enfign, . . 
 
 3 
 
 10 
 
 0 
 
 Chaplain, - • * • 
 
 6 
 
 8 
 
 0 
 
POWNALL. 
 
 l 7 
 
 was received from Mr. Bollan, informing of 
 the appointment of Thomas Pownall, Efq. to 
 the government of the Province ; which 
 
 induced 
 
 
 ARMY. 
 
 £■ 
 
 s . 
 
 d : 
 
 Surgeon, 
 
 - 
 
 - per month, 
 
 IO 
 
 o 
 
 o 
 
 Surgeon's Mate, 
 
 - 
 
 . 
 
 5 
 
 6 
 
 8 
 
 Sergeant, 
 
 - 
 
 - 
 
 2 
 
 3 
 
 i 
 
 Corporal, 
 
 - 
 
 - 
 
 I 
 
 18 
 
 7 
 
 Drummer, 
 
 - 
 
 - 
 
 I 
 
 18 
 
 7 
 
 Private, 
 
 - 
 
 - 
 
 I 
 
 16 
 
 O 
 
 Commiffary, - 
 
 To the firft Officer over the forces, in 
 addition to Colonel's pay, for his 
 
 8 
 
 o 
 
 o 
 
 table. 
 
 - 
 
 m m 
 
 IOO 
 
 o 
 
 o 
 
 His Secretary, 
 
 - 
 
 - 
 
 8 
 
 o 
 
 O 
 
 Surgeon General, 
 
 - 
 
 
 H 
 
 o 
 
 o 
 
 His Mate, 
 
 NAVY. 
 
 5 
 
 II 
 
 o 
 
 Captain, 
 
 - 
 
 - per month, 8 
 
 o 
 
 o 
 
 Lieutenant, 
 
 ■ 
 
 • 
 
 5 
 
 o 
 
 o 
 
 Matter, 
 
 - 
 
 - 
 
 4 
 
 o 
 
 o 
 
 Pilot, 
 
 - 
 
 - 
 
 4 
 
 o 
 
 o 
 
 Chaplain, 
 
 - 
 
 - 
 
 3 
 
 IO 
 
 o 
 
 Mate, 
 
 m 
 
 • 
 
 3 
 
 o 
 
 o 
 
 Carpenter, 
 
 - 
 
 - 
 
 3 
 
 o 
 
 o 
 
 Gunner, 
 
 * 
 
 - 
 
 3 
 
 o 
 
 o 
 
 Boatfwain, 
 
 m 
 
 - 
 
 3 
 
 o 
 
 o 
 
 Cooper, 
 
 - 
 
 - 
 
 2 
 
 IO 
 
 o 
 
 Armourer, 
 
 - 
 
 - 
 
 2 
 
 IO 
 
 o 
 
 Coxfwain, 
 
 - 
 
 - 
 
 2 
 
 IO 
 
 o 
 
 Boatfwain’s Mate, 
 
 - 
 
 - 
 
 2 
 
 5 
 
 o 
 
 Steward, 
 
 . 
 
 . 
 
 2 
 
 5 
 
 o 
 
 Cook, 
 
 m 
 
 m m 
 
 2 
 
 5 
 
 o 
 
 Quarter-Matter, 
 
 m 
 
 m m 
 
 2 
 
 5 
 
 o 
 
 Seaman, 
 
 VOL. II. 
 
 C 
 
 - * 
 
 2 
 
 Q 
 
 o 
 
P O W N A L L. 
 
 induced the Council to determine upon 
 poftponing important bufinefs until his ar- 
 rival, and to recommend to the Houfe to 
 take meafures Cor his reception. 
 
 Governor Pownall had been private fec- 
 retary to Sir Danvers Ofborne, Governor of 
 New- York ; and was at this time Lieutenant- 
 Governor of the Province of New-Jerfey. 
 His brother, John Pownall, Efq. was one 
 of the fecretaries to the lords of trade, 
 and had great influence on American af- 
 fairs. When he firft came over to the 
 country, he was received into a confidential 
 connexion with Governor Shirley, who fent 
 him to the government of New-York for 
 the purpofe of foliciting their concurrence 
 in the plan againft Crown-Point : yet he 
 u»TmiUtary could not forget his difappointment, occa- 
 North * fioned by a refufal of his requeft to be ad- 
 Amerka, mitted into the Council at Alexandria, and 
 
 &c. . . . . 
 
 he ranged himfelf in oppofition to his friend, 
 adhering to the party of Lieutenant-Gover- 
 nor Be Lancey and Sir William Johnfon, 
 who laboured for Shirley’s difmilfion : report 
 adds that he anticipated the communica- 
 tions of his patron to the miniftry as origi- 
 nating from himfelf. It is highly probable 
 
 from 
 
*9 
 
 POWNALL 
 
 from his connexions and profpe£ts, that he 
 confidered his appointment to this govern- 
 ment as a temporary meafure, introdudtive 
 of further promotion, and fubfervient to per- 
 fonal views. However this might have 
 been, he entered into the caufe of the coun- 
 try with fpirit ; and if he difplayed his own 
 merit in his account of tranfa&ions con- 
 ducted under his adminiftration, they were 
 not the lefs promotive of the public intereft. 
 He went over to England in the latter end 
 of the year 1756, immediately after the dif- 
 patches containing the plan of operations 
 for the next campaign ; and is faid to have 
 folicited a large reinforcement of troops for 
 the profecution of the war in America. 
 With thefe he returned, after impreffing a 
 favourable opinion on the mind of the 
 agent of the General Court, by the ftrong- 
 eft aflurances of his determinations to pro- 
 mote the profperity of the Province, and by 
 expreffing the higheft regard for its liberties 
 and charter privileges. 
 
 The fleet in which he embarked and 
 which brought the forces, with George 
 Lord Vifcount Howe, to Halifax, was com- 
 manded by Admiral Holbourn. After touch- 
 ing 
 
 PownaTTs 
 Adminiflra- 
 tion of the 
 Britifh Col- 
 onics. 
 
 Bollan’s 
 M. S. Let- 
 ter, March 
 12, 1757- 
 
20 
 
 POWNALL 
 
 ing at that place Governor Pownall arrived 
 at Bofion on the 3d of Auguft, when his 
 commiffion was publickly read* 
 
 The addrefles were not lefs numerous, 
 nor lefs flattering perhaps, than upon any 
 former occafion of the fame nature. In a 
 few days he performed the ceremony of 
 taking poffeflion of Caftle William. The 
 garrifon was then commanded by Sir Will- 
 iam Peppered, who, upon prefenting the 
 keys, and obferving that that fortrefs was 
 the key of the Province, gave the Governor 
 an agreeable opportunity of complimenting 
 this conqueror of Louifbourg : “ The in- 
 tereft of the Province,” he replied, “ is in 
 your heart ; I fhall therefore be always 
 Boil. Gazet. g] a d to fee the keys of it in your hands.” 
 
 The commencement of Governor Pow- 
 nall’s adminiftration happened at the moft 
 inaufpicious period of the war. The ene- 
 my, after having made a very formidable, 
 though unfuccefsful, attack on Fort William 
 Henry in the month of March, advanced 
 again in the month of July, previoufly to 
 the reinforcing army of the Englifh reach- 
 ing the continent, with about 9000 regu- 
 lar 
 
POWNALL. 
 
 Iar and irregular troops, and invefted the 
 fort on the third of Auguft. 
 
 General Webb, the commander, perceiv- 
 ing the motions of the enemy towards him, 
 fent from Fort Edward for the immediate 
 reinforcement of the additional number of 
 men which was to be furnifhed in cafe of 
 emergency. The Governor, although he 
 had arrived only a few days in the Province, 
 immediately ordered forward the troop and 
 horfe, and put a fourth part of the militia 
 under the command of Sir William Pep- 
 pered as Lieutenant-General of the Pro- 
 vince, with orders to afie ruble the troops at 
 Springfield and garrifon the frontiers ; or, 
 if expedient, with their exfuit (which was 
 made neceflary by the charter, the General 
 Court not being in feflion otherwife to 
 give authority) to fend off reinforcements 
 where required. He gave orders alfo to 
 form a magazine at the place of rendezvous ; 
 and if the enemy fhould approach the fron- 
 tiers, to order the wheels to be ftruck off 
 from all waggons weft of Connecticut Riv- 
 er ; to drive off all horfes, to order in all 
 provifions that could be brought away, and 
 to deftroy the remainder. 
 
 Col. 
 
22 
 
 fOWNALL. 
 
 Col. Munroe, who commanded the gar- 
 rifon at Fort William Henry, confiding of 
 between 2000 and 3000 regulars, refilled 
 the enemy with fpirit, until the 9th of Au- 
 guft, when feveral cannon having been burft, 
 and the ammunition much exhauded with- 
 out great effect, a capitulation was entered 
 into, by which the garrifon was allowed to 
 march out with the honours of war, and to 
 be protected againd the Indians, until with- 
 in the reach of the Englifh at Fort Edward. 
 The breach of this capitulation, whether 
 voluntary or unavoidable on the part of the 
 French, was a mod intereding fubje£t of 
 reproach at the time, and long continued to 
 fill the Britifh Colonids with indignation 
 and horror. A great part of the prifoners 
 were pillaged and dripped, and many of 
 them murdered by the favages. Some reach- 
 ed Fort Edward in a fcattering manner, and 
 others returned again to the French. The 
 confequences of this furrender by the lofs of 
 ordnance, ammunition, provifions, the {hip- 
 ping on Lake George, and above all, the 
 refpefl: of the Indians, was truly difadrous. 
 
 Such was the arrangement of the regular 
 forces that this formidable invafion was only 
 
 to 
 
POWNALL. 
 
 2 3 
 
 to be repelled by muftering the militia, 
 which was necefiarily a flow operation. 
 From Maflachufetts Worthington’s, Will- 
 iams’s, Ruggles’s and Chandler’s regiments 
 marched under the orders aforementioned ; 
 and the fervice was fo generally and zeal- 
 oufiy entered into, as to leave the weftern 
 part of the Province in a weak and danger- 
 ous ftate in cafe of an attack. The enemy 
 not proceeding againft Fort Edward, the 
 march of the militia was accompanied with 
 no other efFe£t than the operation which it 
 may have had in conjunction with other 
 caufes to prevent fo important a blow. 
 
 Whilft the French were about moving in 
 fuch force againft the forts at the weftward, 
 Lord Loudoun and Sir Charles Flardy em- 
 barked at New-York with 6000 men upon 
 an expedition againft Louifbourg from Hal- 
 ifax. This attempt, undertaken at fo much 
 expenfe to the trade of the Colonies by 
 means of an embargo which it occafioned, 
 and to the arms and honour of the nations, 
 it was at laft agreed from the increaied 
 ftrength of the French at Louifbourg, to 
 poftpone to the next year ; and notwith- 
 ftanding the Province of !s T ova r Scotia waa 
 
 galled 
 
 M S. Let- 
 ters from 
 Gen. Webb, 
 Capt. G. 
 Chriftie, 
 Gov. Pow- 
 nall and oth- 
 ers on the 
 files of the 
 Gen. Court, 
 
24 
 
 POWNALL. 
 
 Bollan’s Let- 
 ter to Pitt, 
 May 4, 
 
 galled by the French, who fled from the 
 New-England troops in the year 1755 from 
 the mouth of the River St. John, and up 
 the Petjecojack, where they had made a 
 fixed Hand ; and were always ready to join 
 either Indians or Canadians for the purpofe 
 of invading the Englifli fettlements, yet 
 without attempting even to diflodge them, 
 on the 31ft of Auguft the commanders re- 
 turned to New- York to realize the triumph 
 of the French. They brought with them 
 fuch a body of troops as, at an earlier pe- 
 riod, might have prevented it, but which 
 could now effect nothing more than to fave 
 expenfe, by difmiffing the provincials, ex- 
 cepting a few companies of rangers. 
 
 Notwithftanding Lord Loudoun had con- 
 tended little with the enemy in the field ; 
 yet he was much embarrafled by a contro- 
 verfy which he entered into with the gov- 
 ernment of Maflachufetts, and which mull 
 have been lefs grateful to a military com- 
 mander than a conflift with the fword. 
 The fubjedt of the difpute was on the right 
 of quartering troops. Upon information 
 from the Governor, that a regiment of 
 Highlanders was expedted in Bofton, the 
 
 General 
 
POWNALL. 
 
 
 General Court provided barracks for the 
 accommodation of 1000 men at Caftle-Ifl- 
 and, not as an expenfe which could of right 
 be demanded of the inhabitants, but as an 
 advance of money on the national account. 
 Soon afterwards feveral officers arrived from 
 Nova-Scotia to recruit their regiments, which 
 could not be done, if they were to be lodg- 
 ed in the barracks at the Caftle. They 
 made application to the Juftices of the 
 Peace to quarter and billet them, as pro- 
 vided by act of Parliament ; but met 
 with a refufal, on the principle, no doubt, 
 that the act did not extend to this coun- 
 try. In confequence of this Lord Lou- 
 doun fent a letter (Nov. 15, 1757) infill- 
 ing peremptorily on the right demanded, as 
 the at for quartering did, in his opinion, 
 extend to America, and every part of his 
 Majefty’s dominions, where the neceffities 
 of the people ffiould oblige him to fend 
 thofe troops, either for the defence of thofe 
 dominions, or the protection of his fubjets. 
 After defcanting largely on the queftion, he 
 concluded in the following decifive manner : 
 That having ufed gentlenefs, patience, and 
 confuted their arguments without effect, 
 
 they 
 
 Vol. 11. D 
 
26 
 
 POWNALL. 
 
 \ 
 
 they having returned to their firft miftaken 
 plan, their not complying would lay him 
 under the neceffity of taking meafures to 
 prevent the whole continent from being 
 thrown into confufion. As nothing was 
 wanting to fet things right, but the Juftices 
 doing their duty (for no a£t of the Aflem- 
 bly was neceflary or wanting for it) he had 
 ordered the mefienger to remain only 48 
 hours in Bcfton ; and if, on his return, he 
 found things not fettled, he would inftantly 
 order into Bofton the three battalions from 
 New-York, Long-Ifland, and Conne&icut ; 
 and, if more were wanting, he had two in 
 the Jerfeys at hand, befide thofe in Pennfyl- 
 vania. As public bufinefs obliged him to 
 take another rout, he had no more time left 
 to fettle this material affair, and muft take 
 the neceflary fteps before his departure, in 
 cafe they were not done by themfelves. 
 
 What an honourable employment would 
 it have been for a Britifh army, when the 
 enemy was beating them from their outpofts, 
 to have made a retrograde march upon the 
 Colonifls, whom they came to proteft, and 
 whofe levies and militia in faft protected 
 them y in order to eftablifh the right of re- 
 cruiting 
 
POWNALL. 
 
 27 
 
 cruiting officers to be billeted upon the in- 
 habitants of Bofton under an act of Parlia- 
 ment ! 
 
 The General Court paffed a law. This 
 law was ffiort of Lord Loudoun’s expecta- 
 tions, which he failed not to communicate 
 by a letter, which the Governor laid before 
 the Aflembly. They anfwered it by an ad- 
 drefs to his Excellency, in which the fpirit 
 of their forefathers feemed to revive. They 
 again aflerted that the parts of the aCt of 
 Parliament relating to this fubjeCt did not 
 extend .to the Colonies and Plantations ; 
 and that they had therefore enlarged the 
 barracks at the Caftle to accommodate the 
 number recommended, and paffied a law for 
 recruiting parties as near the aCt of Parlia- 
 ment, as the nature of the country and its 
 fettlements would admit : that fuch a law 
 was neceflary to give power to the magif- 
 trates, and they were willing to make it, 
 when the troops were neceflary for their 
 protection and defence. They aflerted their 
 natural rights as Engliffimen : that by the 
 royal charter, the powers and privileges of 
 civil government were granted to them : 
 that the enjoyment of thefe was their fup- 
 
 port 
 
28 
 
 P O W N A L L. 
 
 port under all burdens, and would animate 
 them to refill an invading enemy to the laft 
 breath, as their lofs or hazard would difpirit 
 them. If their adherence to thefe rights 
 and privileges in any meafure leflened the 
 efteem which his Lordlhip had conceived 
 for them, it would be their great misfortune ; 
 but that they would have the fatisfa&ion 
 of reflecting, that both in their words and 
 adions they had been governed by a fenfe 
 of duty to his Majelly and faithfulnefs to 
 the trull committed to them. This addrefs 
 being forwarded with aflfurances from the 
 Governor, Lord Loudoun affe&ed to rely 
 on them for making the matter of quarters 
 eafy in future. He countermanded the 
 inarch of the troops, and condefcended to 
 make fome conciliatory obfervations refpeCt- 
 ing the zeal of the Province in his Majelly’s 
 fervice. For thefe he received a very am- 
 ple return by a melfage from the two Houfes 
 to the Governor, wherein they explained 
 their law to have been made not to enforce 
 an aCl of Parliament, but to fupply meaf- 
 * ures in a cafe where it did not reach them : 
 That they were willing by a due exercife 
 of the powers of civil government, to re- 
 move as much as might be all pretence of 
 
 the 
 
 if 
 
POWNALL. 
 
 29 
 
 the neceflity of military government. Such 
 meafures they were fure would never be 
 difapproved of by the Parliament of Great- 
 Britain, their dependence upon which they 
 never had a thought of lejfening : That the 
 authority of all a£ts of Parliament, which 
 concerned the Colonies and extended to 
 them, were ever acknowledged in all courts 
 of law, and made the rule of all judicial 
 proceedings in the Province ; that there was 
 not a member of the General Court, nor 
 did they know of an inhabitant within the 
 bounds of the government, who ever quef- 
 tioned this authority. 
 
 To prevent any ill confequences that 
 might arife from their holding fuch princi- 
 ples, they then utterly difavowed them, as 
 they Ihould readily have done at any time 
 paft, had there been occafion for it : and 
 they prayed that his Lordfhip might be ac- 
 quainted therewith, that they might appear 
 * in a true light, and that no impreflions 
 might remain to their difadvantage. 
 
 So condefcending was the termination of 
 a difpute, which feemed to rife to haughti- 
 nefs and afperity on one part, and to zeal 
 
 and 
 
P O W N A L L. 
 
 and independence on the other. Mutual 
 intereft, without doubt, conducted it to this 
 channel. After being w'orfted on the fron- 
 tiers, and baffled in a projected expedition 
 againft Louifbourg, Lord Loudoun would 
 have made a lamentable end of his com- 
 mand, by continuing a controverfy with the 
 principal Colony in the war upon a confti- 
 tutional queftion, which perhaps could not 
 have been fettled with lefs difficulty, than 
 thofe of a like nature in preceding times : 
 whilft the Province on the other hand was 
 not unmindful of the neceffity which it was 
 under, to conduct on every fubje£t in fuch 
 a manner as not to forfeit the expected reim- 
 burfement from the Parliament. 
 
 The Governor had not any agreeable 
 communications to make to the General 
 Court, upon his convening them in the mid- 
 dle of Auguft. He fhewed that the contro- 
 verfy between France and Great-Britain was 
 no longer on the queftion of boundaries, 
 but involved the fate of the two govern- 
 ments : that on the Colonies the fleets 
 greatly depended ; and on the naval domin- 
 ion of the mother country depended her 
 freedom, and the exiftence of thefe her Col- 
 onies 
 
P O W N A L L. 
 
 3 * 
 
 onies as a people. He laid before them 
 evidence to (hew the circumftances of the 
 country, when he arrived in it, the difaf- 
 trous events which afterwards took place, 
 and the fubfequent meafures which he pur- 
 fued : and communicated alfo Mr. Secretary 
 Pitt’s and Vice-Admiral Holbourn’s views 
 of the neceffary aid to the navy. 
 
 The military arrangements for the year 
 having already been made, and the feafon be- 
 ing too far advanced to admit of entering 
 on any additional plan of operations, little 
 feemed to be left for the legiflature to do 
 for remedying the misfortunes which had 
 happened. They ftrengthened the fcouting 
 parties on the frontiers, and provided quar- 
 ters at Caftle William for 1000 Highland- 
 ers, who were expe&ed from England. 
 With refpedl: to the Governor, after a con- 
 gratulatory addrefs from each Houfe, they 
 granted £300 to defray the charge of tranf- 
 porting his equipage, and the ufual fum of 
 £i$oo for his fupport. The diftreffes 
 brought upon the Province by the war had 
 deranged and ruined the affairs of fo many 
 perfons in trade, that the General Court 
 found it neceffary to pafs a bankrupt aft, 
 
 fubjeft 
 
3 2 
 
 POWNALL 
 
 fubje£t however, as will be hereafter more 
 fully obferved, to the negative of the King, 
 by the general refervation in the charter. 
 The feflion was clofed by a meflage to the 
 Governor refpeding the provifion which 
 had been made for quartering troops, in 
 which it was obferved, that there were cer- 
 tain limits which the people would not be 
 able to exceed ; and unlefs his Majefty 
 would be gracioufly pleafed to caufe a part 
 of the great fums which had been advanced, 
 and for which the Province w r as in debt, to 
 be reimburfed, that it would be impoffible 
 for the government to contribute to the 
 war in the proportion which it had already 
 done. 
 
 Another feflion was held in November, 
 when darknefs feemed to be wholly fpread 
 around the political horizon. The enemy 
 poflefled almoft every poft ; they were mat- 
 ters of the communication through the 
 whole continent ; and having an afcenden- 
 cy over the Indians, by means of their inti- 
 mate alliances with them, might be faid to 
 command the country. All that could be 
 oppofed to fuch an adverfe ftate of affairs 
 was recommended by the Governor : to 
 
 cover 
 
POWNALL. 
 
 33 
 
 cover the frontiers : to make the neceffary 
 laws for rendering the militia a real defence : 
 to examine into the refources of the coun- 
 try ; and to regulate trade on the principles 
 of induftry and economy. As to ofrenfive 
 meafures, he obferved, that he knew they 
 would be ufelefs, and advifed the General 
 Court to fave the ftrength, to colled: the 
 force, and to treafure up the money of the 
 Province, until God fhould call them out 
 one and all, to wreak his vengeance on the 
 breakers of the peace, the French in Canada. 
 
 The Aflembly aiming at a fyftem of de- 
 fence by the old approved plan of a union, 
 voted to fend exprefles to each of the New- 
 England governments to meet by commif- 
 fioners at Bofton to concert meafures for 
 their mutual protection under fuch immi- 
 nent danger. This plan, as will be mention- 
 ed in the events of the next year, was check- 
 ed and defeated, upon principles fomewhat 
 fuiular to thofe of 1 754 : and a better fecu- 
 rity was realized in the economical manage- 
 ment of the public finances, which, upon 
 the fettlement of accounts, left a balance of 
 more than ^92,000 in the Province treas- 
 ury, after difcharging the ordinary expenfes. 
 
 Vol. 11. E Although 
 
34 
 
 POWNALL 
 
 W. Leifner’s 
 M. S. Jour- 
 nal. 
 
 Although a detail of the Indian warfare, 
 from the peculiar horror which it infpires, 
 be highly interefting to the people of the 
 time in which it may happen, yet to fubfe- 
 quent generations, when the importance of 
 tranfa&ions is meafured by their real confe- 
 quences, it becomes tedious and trifling. 
 Faithfulnefs, however, to the undertaking 
 which we have begun, requires that we 
 fhould not wholly omit the relation of thefe 
 events. We fhall therefore obferve in fhort, 
 that the Indians on the frontiers difcovered 
 this year, their ufual lurking fpirit of mif- 
 chief, and not without receiving chaftife- 
 ment. They communicated with the fort 
 at St. George’s, by flags of truce, in fuch 
 numbers as excited the apprehenfions of the 
 commander. He therefore previoufly to 
 the propofed return of a large party, fent 
 out twenty men in the night time, who 
 came upon a body of the Indians, and firing 
 enfued on both fides. In the refult the gar- 
 rifon came off with a fcalp, having one man 
 only flightly wounded. 
 
P O W N A L L. 
 
 3 S 
 
 CHAP. II. 
 
 Louifbourg taken by General Amherjl 1758 — * 
 Fort Frontenac taken by Col . Bradjlreet — - 
 French evacuate Fort Du Quefic — Unfuc- 
 cefsful attack on Ticonderoga — Death of 
 Lord Vifcount Howe — General Court of 
 Majfachufetts ercEl a monument to his mem- 
 ory — Attempt of the French on the fort at 
 George s defeated — Bankrupt law difap - 
 proved by the King — Plan of military ope- 
 rations for the year 1759 — Number of 
 troops voted to be raifed in Majfachufetts — 
 Mejfage to the Governor , fating the cir- 
 cumfances of the Province — Fort Pownall 
 on Penobfcot river erected — Succefs of the 
 Britifh arms in Canada . . 
 
 TT HE gloom, which hung over the pub- 
 lic affairs in the winter of 17 57, feemed to 
 be difiipating at the preparations for the en- 
 fuing year. The chagrin and indignation 
 excited at fo many unfuccefsful campaigns 
 roufed the courage of the people, and mar- 
 tialled the ftrength of the Britifh nation, fo 
 as to mature it for action, and command 
 
 that 
 
 1758. 
 
36 
 
 P O W N A L L. 
 
 that Crifis which turned the future courfe of 
 the war in their favour. The fupplies, 
 which the French defigned to fend for the 
 fupport of their troops in Canada, were, in 
 fome inftances, blocked up in their ports at 
 home, and in others, captured at fea. Ad- 
 miral Bofcawen arrived early at Halifax 
 with a fleet, carrying about 12,000 land 
 forces, commanded by General Amherft 
 with the aid of General Wolfe, to invert 
 Louifbourg. The troops of the laft year 
 formed an army of i 0,000 men, headed by 
 Major General Abercrombie, who fucceed- 
 ed Lord Loudoun as Commander in Chief, 
 to advance againft Ticonderoga. An army 
 of 5000 proceeded in the tra£t of the unfor- 
 tunate Braddock, with better aufpices, againft 
 Fort Du Quefne, under General Forbes ; 
 and, in order to give vigour to the com- 
 bined operations of the regulars and provin- 
 cials, the diftin£tions between their officers 
 were taken away. 
 
 The fpirit of the mother country was 
 fuceefsfully rivalled in the Colonies. On 
 the receipt of Mr. Pitt’s letter, the General 
 Court of Maffachufetts unanimoufly voted 
 to augment their men to 7000, the whole 
 
 number 
 
POWNALL. 
 
 37 
 
 number Required, of whom 6925 actually 
 marched into the field, notwithftanding the 
 large proportion of artificers, feamen, and 
 others, which they had already furnifhed 
 for the fervice. They alfo promifed each 
 man, -in addition to his pay and bounty, £10 
 upon his return, provided Canada ftiould be 
 reduced, A fubfcription, which had been 
 opened for encouraging inliftments, was run 
 up to near ^20,000 in lefs than twenty- 
 four hours. The regiments were completed 
 early in the month of May. The tranfports 
 for carrying the troops to Halifax were 
 manned and prepared for failing in about 
 fifteen days after they were engaged. In 
 fhort, near one third of the effe&ive men of 
 the Province were in military fervice in 
 fome mode or other ; and all this zeal was 
 manifefted after the moll depreffing difap- 
 pointments, and a burden in taxes, which 
 is faid to have been fo great in the capital, 
 as to equal two thirds of the income of the 
 real eftates. 
 
 The attention of the whole country was 
 now drawn towards Louifbourg, the field 
 in which the arms of New-England had 
 reaped fo much honour ia the laft war. 
 
 On 
 
 Bolt. Gass. 
 
 Gen. Court 
 Records : 
 
3 « 
 
 P O W N A L L. 
 
 GoVi Liw* 
 rencc’s Let. 
 
 Soft. Gaz. 
 
 On the 28th of May Admiral Bofcawen 
 failed from Halifax with a large fleet, and 
 an army under the command of General 
 Amherft, to inveft and capture this fortrefs. 
 He arrived in two days, and the landing of 
 the forces, in which the New- England troops 
 did honour to themfelves and their country, 
 was effected on the 8th of June. The gar- 
 rifon furrendered as prifoners of war on the 
 27th of July, after lofing upwards of 1500 
 men, and beholding the city almoft an heap 
 of ruins. General Amherft embarked with 
 about thirty tranfports, filled with the victo- 
 rious troops, and encamped on the common 
 in Bofton, the latter end of Auguft, on his 
 march, which he purfued after three days’ 
 reft, to the weftern forts. The extraordi- 
 nary rejoicings in England at this victory, 
 feemed to revive the honour of the northern 
 Britifh Colonies, as the former conquerors 
 of Cape Breton. The trophies taken were 
 brought in proceflion from Kenfington to 
 St. Paul’s, and a form of thankfgiving was 
 ordered to be ufed in all the churches. 
 
 The fuccefs of the Englifh arms did not 
 terminate in the taking of Louifbourg. 
 Col. Bradftreet being detached by General 
 
 Abercrombie 
 
POWNALL. 
 
 39 
 
 Abercrombie with 3000 men, of whom only 
 1 55 were regulars, took the important fort 
 of Cadariqui or Frontenac, and the French 
 evacuated Fort Du Quefne on the Ohio, 
 after a battle with an advanced party of 
 General Forbes’s army. Still however, Ti- 
 conderoga, the great object of New-En- 
 gland’s efforts, remained to fcourge the 
 country. An attack upon the enemy’s lines 
 there proved unfuccefsful, at the expenfe of 
 1608 regulars and 334 provincials, who 
 were either killed or taken. Among the 
 individuals, who fell in this ineffectual ex- 
 pedition of General Abercrombie, none was 
 more lamented than Lord Vifcount Howe, 
 to whofe fervices and military virtues the 
 General Court paid a refpedtful tribute, by 
 granting £250 fterling for creating a mon- 
 ument to his memory.* 
 
 The 
 
 * This monument was opened in Weftminfter-Abbey. 
 The following is the defcription of it. On the top is a 
 trophy of arms in fine white marble ; and on a flat pyra- 
 mid of black marble, are his Lordlhip’s arms, coronet and 
 creft in white marble. On the top of the monument fits 
 the figure of a woman in a melancholy pofition, reprefent- 
 ing the Province of Maflachufetts Bay, and under it is the 
 following infcription : The Province of Maflachufetts Bay, 
 in New-England, by an order of the Great and General 
 Court, bearing date Feb. ift, 1759, caufed this monument 
 
4 ® 
 
 Aug- 14- 
 
 POWNALL. 
 
 The force of the Englifh being generally 
 irr'efiftible, where it operated in its full 
 ftrength, the French made attempts to dif- 
 trefs the frontiers, which were uncovered 
 by means of the more diftant operations. 
 Uniting themfelves with the Indians of St. 
 John’s and Penobfcot, they planned an 
 attack upon the fort and fettlements at 
 George’s. Governor Pownall being made 
 acquainted with this defign, and having at 
 command fome men, who were intended to 
 be joined with the weftern forces, immedi- 
 ately embarked with them ; and took the 
 neckry quantity of ftores and ammuni- 
 tion on board the Province {hip King George 
 and the floop Maffachufetts. Thefe troops 
 he threw into the fort moft opportunely ; 
 as, on the day after he left it, the attack was 
 actually made by about 400 of the enemy . 
 
 hut from thefe expeditious and fpinted meal- 
 
 ures, 
 
 TO be erefled to the memory of George Auguftus, Lord 
 in America, who was flam July 6, H5 8 > m ] tus 
 
 z .f «■ 
 
 nf the fenfe they had of his fervices and military virtu , 
 f , f the afFeflion their officers and foldiers bore to his 
 command. He lived refpeSed and beloved P * 
 
POWNA LL 
 
 ures* the garrifon was fo well prepared to 
 receive them, that they were unable to make 
 any impreffion. This fervice was acknowl- 
 edged in grateful terms by the General 
 Court, and was thought of fo highly by Mr, ^ ^ ^ 
 Pitt, as to induce him to aflure the Gover- Pownair* 
 nor, that his activity and diligence in it had Pitt’s m. 
 met with the King’s moft particular appro- 
 bation. 
 
 This attempt upon the fort at George’s 
 together with an attack equally unfuccefsful 
 upon a fmali fort at Colrain, and another at 
 Medumcook where eight men were killed 
 or captured, appears to conftitute the whole 
 exertions of the Indians on the frontiers the 
 prefent year. 
 
 In the legal hiftory of a commercial coun- 
 try, the fortune of the only bankrupt law* 
 which could ever be obtained* becomes a 
 matter of curiofity. This law, having been 
 laid before the King for the royal approba- 
 tion, agreeably to the charter, was referred 
 to the lords of trade. After mature confid- 
 eration, they gave it as their opinion, that 
 although a bankrupt law be juft and equi- 
 table upon its abftrad: principle, yet it had 
 
 always 
 
 Vol. ii. F 
 
42 
 
 POWNALL, 
 
 always been found in its execution to afford 
 fuch opportunities for fraudulent practices, 
 that even in England, where, in moft cafes, 
 the whole number of creditors were refident 
 on the fpot, it might well be doubted, 
 whether the fair trader did not receive more 
 detriment than benefit from fuch a law. 
 Eut that if a like law fhould take place in 
 a Colony, where (as they were informed) 
 not above one tenth part of its creditors 
 were refident, and where that fmall propor- 
 tion of the whole, both in number and val- 
 ue, might (as under the prefent adt they 
 might) upon a commiffion being iffued, get 
 poffeflion of the bankrupt’s effects, and pro- 
 ceed and make a dividend before the mer- 
 chants in England, who made the other 
 nine tenths of the bankrupt’s creditors, 
 could even be informed of fuch bankruptcy, 
 it was eafy to forfee, that fuch a law could 
 be beneficial to the very fmall part of the 
 creditors refident in the Colony only, and 
 that the reft of them, who refided in En- 
 gland, would be expofed to frauds and diffi- 
 culties of every fort, and might be greatly 
 injured in their properties ; and, for thefe 
 reafons that the adr fhould forthwith receive 
 his Majefty’s difallowance. This opinion 
 
 prevailed, 
 
POWNALL. 
 
 prevailed, and the law was accordingly dif- 
 approved by the King, to the great incon- 
 venience of many debtors, who had actually 
 furrendered their effects under it. The 
 General Court were under a neceffity of in- 
 terfering in their behalf, by ordering the 
 actions brought againft them to be contin- 
 ued until the beginning of the year 1761, 
 when a law was made for finifhing fuch 
 commiffions, as had been commenced dur- 
 ing the exiftence of the late rejected aft, 
 providing remedy for bankrupts and their 
 creditors. 
 
 If a fenfe of fhame and defeat excited a * 759 - 
 fpirit of exertion in Great-Britain the laft 
 year, the fuccefs which had followed gave 
 an extended operation and renewed vigour 
 to her efforts in one thoufand feven hun- 
 dred and fifty nine. A plan was purfued 
 to affail the French in America, in every di- 
 rection, and by a connexion of all the. parts 
 to transfufe the effect of the fuccefs, which 
 could not well fail to happen in fome quar- 
 ter, throughout the whole fyflem. The de- 
 ftru&ion of the enemies’ poft at Ticonderoga, 
 fo unfuccefsfully attacked by General Aber- 
 crombie, was afligned to 12,000 men under 
 
 General 
 
POWNALL. 
 
 U 
 
 General Amherft, with a view of piercing 
 into Canada by the Lakes George and 
 Champlain and the River Sorell down to~ 
 Quebec. The capture of this city, by ad- 
 vancing up the St. Lawrence, was affigned 
 to an army of about 9000 men, under the 
 command of General Wolfe, and a fleet un- 
 der Admiral Saunders. The important pafs, 
 at Niagara, which is the throat of the north- 
 weftern divifion of the American Continent,, 
 was affigned to Brigadier General Prideaux, 
 with the aid of Sir William Johnfon, who 
 commanded the provincials and Indians. 
 
 The Colonifts, young and exhaufted, 
 could not keep pace with the parent country 
 in a war now protra&ed to a fifth campaign, 
 without a more prompt and punctual aid of 
 money than fhe had afforded them. The 
 compenfation granted to the Province of 
 Maflachufetts Bay, for provifions furnifhed 
 to the King’s troops in the year 1756, had 
 not been remitted; the exertions of 1 757 
 were never noticed ; nor had the vaft and 
 difproportionate expenfes of the laft year 
 been as yet, in any degree, reimburfed. The 
 delays and precarious decifions of the public 
 offices in apportioning the grants, and deliver- 
 ing 
 
POWNALL. 
 
 *5 
 
 ing the money, when apportioned, gave dif- 
 guft and difcouragement. Add to this, that 
 the ftrong expectation of the ftrenuous ef- 
 fort in the preceding feafon being conclu- 
 five, greatly abated the effedt of the fuccefs 
 which actually enfued. 
 
 When therefore the Governor recited to 
 the General Court his proceedings in the 
 laft year, the promife, in their anfwer, to 
 engage in further meafures, was coupled 
 with an intimation of their reliance on the 
 King’s bounty for relief. At the next fef- 
 fion which was held in the month of March, 
 he ftated to them that the kingdom of Great- 
 Britain, at an unbounded expenfe, and by 
 the molt vigorous efforts, was refolved to 
 protect and maintain the caufe of its Colonies ; 
 and his Majefty was determined to make a 
 final decifion of this donteft with the enemy 
 ia America : that compenfation had been 
 made, and would be made, for this year’s 
 fervices, even in that which was peculiarly 
 their own caufe ; that he had acquainted his 
 Majefty with their addrefs, fhewing their 
 readinefs to aid in promoting his fervice to 
 the utmoft of their abilities : that this was 
 a crifis whether the French ufurpations 
 
 fhould 
 
4 6 
 
 POWNALL. 
 
 fhould be erefted into a kingdom, or 
 whether the Britifh empire in America, 
 ffiould be edablifhed on a folid and lading 
 bafis, which would depend on the taking of 
 Canada, or being frudrated in the attempt. 
 
 Notwithdanding this forcible and inter- 
 eding difplay of the King’s views, the Gen- 
 eral Court, at prefent, voted to raife only 
 5000 men, and fubjoined to the vote their 
 reafons for raifing no more, founded on the 
 didrefles of the Province by means of the 
 former difproportionate levies, many of the 
 inhabitants being engaged as rangers and 
 batteau-men, and the weight of the debt in- 
 curred, which was fo great as to render it 
 extremely difficult to procure money for fur- 
 ther fervice. In thefe reafons the Governor 
 acquiefced for the prefent, expecting that 
 they would raife fuch additional numbers 
 as might be requifite in the courfe of the 
 year, and granted a recefs until after the 
 time affigned for raifing the levies, upon the 
 General Court’s adurances, that they would 
 exert themfelves to the utmod that the date 
 of the government would admit. Before 
 the next feffion letters arrived from General 
 Amherd, informing that an expedition up 
 
 the 
 
p O W N A L L. 
 
 47 
 
 the St. Lawrence was intended, which would 
 take away a part of the garrifon of Louif- 
 bourg, and that this was to be replaced by 
 a battalion of provincials of not lels than 
 iooo men, to remain until the end of the 
 campaign ; and that it would be necefiary 
 that a body of provincials alfo fliould join 
 what might remain of the King’s regular 
 troops for the protection of Halifax, the 
 Province of Nova-Scotia, and the bay of 
 Fundy for the fame time. The General 
 alfo added that the abilities of the Province 
 certainly exceeded 5000 men, and hoped 
 that the Court would confider the matter 
 further, as this expedition muft, in all hu- 
 man probability, put an end to the war, and 
 compenfation had been promifed by the 
 Secretary of State, in cafe they Ihould do 
 their heft.’ 
 
 Thefe letters produced a vote for railing 
 1500 additional men, which was accompa- 
 nied with a meflage to the Governor, Hating 
 the circumllances of the Province fo partic- 
 ularly, as to render it too ufeful an hiftorical 
 paper to be abridged. It was as follows : 
 
 “ The feveral reafons and motives which 
 your Excellency has from time to time laid 
 
 before 
 
43 PO WN ALL. 
 
 before the two Houfes, in order to indued 
 an augmentation of the forces for the ferviee 
 of the prefent year, have been maturely 
 weighed and confidered by us. 
 
 tc We have likewife had an opportunity, 
 in the recefs of the Court, of acquainting 
 ourfelves with the ftate of the feveral parts 
 of the Province, and its ability for raifmg 
 an additional number of men. We ac- 
 knowledge with gratitude, that the intereft 
 and eafe of the people has been confulted 
 by your Excellency in making the laft levy, 
 as far as could confift with his Majefty’s 
 ferviee, and the purpofes for which the men 
 are raifed. The diftrefs brought upon the 
 Inhabitants is notwithftanding extremely 
 great. The number of men raifed this year, 
 we are fenfible, is not equal to that of the 
 laft. The Affembly then made the greateft 
 effort that has ever been known in the Prov- 
 ince. They looked upon it to be their laft 
 effort ; they had no expectations that it 
 could be repeated, and it was really fo great 
 -as to render it impracticable for us to make 
 the like a fecond time. The number of our 
 inhabitants is fince then much leffened : 
 Tome were killed in battle ; many died by 
 
 ficknefs, 
 
P O W N A L L. 
 
 49 
 
 ficknefs, while they were in fervice, or foot! 
 after their return home : great numbers 
 have infilled as rangers, artificers, recruits in 
 his Majefty’s regular forces, and for other 
 branches of the fervice. 
 
 w The unprecedented charge of the laft 
 year alfo tends to increafe the diftrefs of the 
 Province. The expenfe of the regiments 
 raifed for his Majefty’s fervice amounted to 
 near one hundred and twenty thoufand 
 pounds fterling : befides this, the inhabitants 
 of the feveral towns in the Province, by fines, 
 or by voluntary contributions to procure men 
 for the fervice, paid at leaft fixty thoufand 
 pounds fterling more - y which is in all re- 
 fpefts as burdenfome, as if it had been raifed 
 as a tax by the government. The defence 
 of our own frontiers, and the other ordinary 
 charges of government, amount to at leaft 
 thirty thoufand pounds fterling more. 
 
 “ Becaufe the Province laft year raifed fev- 
 en thoufand men, it is inferred that it is able 
 to raife the fame number this, and no allow- 
 ance is made for its being fo much reduced 
 in its eftate and number of inhabitants. 
 
 “ We 
 
 VoL. II. 
 
 G 
 
5 ° 
 
 F O W N A L L. 
 
 <c We have generally been the firft in pro- 
 pofals for public fervice, and have determin- 
 ed what force we would employ : other gov- 
 ernments have followed after us in juft what 
 proportion they pleafed ; and we wifh it 
 had been an equal one. We are now lef- 
 fened, and they are increafed ; and we are 
 yet urged to continue the fame proportions. 
 We have always chofen to avoid entering 
 into the confideration of quotas or propor- 
 tions, but we feem now obliged to do it. 
 We conceive that in order to determine a 
 juft proportion, the wealth, the number of 
 inhabitants, and the charges of each govern- 
 ment for its immediate defence, are all to 
 come under confideration. If this be allow- 
 ed to be a juft rule to determine by, we are 
 fure, that not only in all paft years, but in 
 this prefent year alfo, we have done more 
 in proportion to the general fervice, than 
 any one government upon the continent. 
 
 u We know of iio quota fettled for each 
 Colony : the agreement made at Albany by 
 the commiffioners in the* year 1 754, has 
 been generally urged as a rule of proportion 
 fince that time. But it was agreed by the 
 fame commiffioners, that regard ffiould al- 
 ways 
 
P O W N A L L. 
 
 5 l 
 
 ways be had to the fpecial fervices of any 
 Colony for its immediate defence. W e are 
 obliged to keep fix hundred men in pay 
 in defence of our frontiers and fea coafts. 
 This charge fome of the other governments 
 are wholly free from, and the reft fubjedt 
 to in a very fmall degree. Exclufive of the 
 fix hundred men aforefaid, we have already 
 raifed five thoufand men for the general 
 fervice. Connecticut has raifed in propor- 
 tion to the five thoufand only according to 
 the Albany plan, without any regard to the 
 fix hundred. Every other government falls 
 fhort even of that ; fo that we have this 
 year already done more in proportion than 
 any of our neighbours. 
 
 “ We are told that we are the leading 
 Province : we have been fo for many years 
 paft ; and we have been as long unequally 
 burdened. We have borne it patiently, al- 
 though we have feen our inhabitants leaving 
 us, and removing to other governments to 
 live more free from taxes ; and a few years 
 ago for this reaftm alone, four of our prin- 
 cipal towns refufed any longer to fubmit to 
 our jurifdidtion, and another government 
 
 found 
 
5 ^ 
 
 POWNALL. 
 
 found a pretence for receiving them, and 
 they are not yet returned to us. 
 
 44 Under thefe diftreffes, we are ftill willing 
 to afford every reafonable aid in our power. 
 A further imprefs would diftrefs and dif- 
 courage the people to fuch a degree, that as 
 well in faithfulnefs to the fervice, as to the 
 particular intereft of this Province, we are 
 bound to decline it. But great as our bur- 
 dens are, we have now engaged a bounty 
 more than double what has ever yet been 
 given by the Province, in order to procure 
 a voluntary inliftment of fifteen hundred 
 men over and above the five thoufand al- 
 ready raifed ; and we have reafon to hope 
 that this bounty will be fufficient, and have 
 the effect your Excellency defines. 5 * 
 
 The river of Penobfcot offering an im- 
 portant paffage into the Atlantic Ocean 
 which might be feized by the French, and 
 becoming alfo a natural rout for the Indians 
 into the Province fince the fortifying of the 
 river St. John, Governor JPownall thought 
 it a fortunate occafion to take poffeffion of 
 that country, and to fccure it by erecting a 
 fort. In executing this fervice he happily 
 
 availed 
 
POWNALL. 
 
 availed himfelf of the aid both of the crown 
 and the Province, and notwithftanding the 
 preflure of the public burdens, and the great 
 complaints that exifted in Maflachufetts rel- 
 ative to the erecting and maintaining of forts, 
 he received the thanks of the General Court, 
 for the manner in which he economized the 
 public money. He firft procured the con- 
 fent of General Amherft to reimburfe the 
 expenfe of erecting this fortrefs, and that 
 the men to be employed in the work fhould 
 be reckoned as a part of the number voted 
 to be raifed for the army. The General 
 Court then granted 400 troops to take pot 
 feffion of the country, ordering at the fame 
 time, that the forts at St. George’s and 
 Pemaquid fhould be difmantled at the peace. 
 
 With this force the Governor repaired in 
 perfon to Penobfcot, and completed his work 
 'without oppofttion. He fent to the tribe 
 of Indians to inform them of his purpofe, 
 and to invite them to defend their land, if 
 they intended it. He told them that fhould 
 they kill an Englifhman in future, they 
 fhould be forced to fly from the country, 
 which he would fweep from one end to the 
 other, and hunt them all out. That he 
 
 fought 
 
J4 
 
 POWNALL, 
 
 fought not their favour, but pitied their dif- 
 trefs, and that if they would become En- 
 glifh, and live near the fort, he would pra- 
 ted: them, aflign them planting ground, and 
 permit them to hunt as ufual. After this 
 he returned without any remarkable event 
 taking place, excepting the lofs of Brigadier 
 General Waldo by a natural death. 
 
 The coll of the fort amounted to ^4969 
 17 x. 2 d. The Governor fhewed that the 
 fame men who were employed in it, had 
 they joined the army in general, would have 
 coft ^1803 1 os, 4 d. more. Upon which 
 the Houfe voted him their thanks for his 
 wife meafures in fecuring the country of 
 Penobfcot ; and juftly pronounced Fort 
 Pownall to be, as he had called it, the bed 
 and lead expenfive fortrefs of any that had 
 been erected in the Province. The troops 
 at Brunfwick and Pemaquid, and the fcout- 
 ing parties at the lodgments on the weftern 
 frontiers were now difmiffed, and a garrifon 
 of 100 men voted for Fort Pownall. The 
 Court alfo granted £ 200 to the Governor, 
 in addition to the ufual falary of ^1300, for 
 Journal his extraordinay fervices on this and other 
 ev" ps ‘ occafions. 
 
 The 
 
POWNALL. 
 
 The diftant and important operations in 
 Canada almoft wholly relieved the fuffering 
 inhabitants of the frontiers of the Province, 
 and indeed by a train of fucceffes, gave a 
 pledge of the future eafe and fecurity whicli 
 was about to fpread over all the Britifh 
 Colonies. The fall of Crown-Point, Ti- 
 conderoga, Niagara, and, above all, the cap- 
 ture of Quebec, clofed the year with uni- 
 verfal rejoicing and well founded hope that 
 the toils of war would Ihortly ceafe through- 
 out the land. 
 
5 6 POWNALL 
 
 CHAP. III. 
 
 Number of troops voted to be raifed in the 
 Province for the year 1 760 — Great fire in 
 Bofion — Peace concluded with the Penob - 
 fcot Indians — Popularity of Governor Pow - 
 nail — Embarks for England — Controverfy 
 between the Council and Houfe refp effing 
 the mode of pajfmg the Preafurer s -ac- 
 counts — Reafening of Mr . Agent Bolla?i on 
 the rule for apportioning the grants of Par- 
 liament among the feveral Colonies . 
 
 *760. Notwithstanding the fruits of 
 
 victory began to ripen at the capture of 
 Quebec, yet great exertions were fuppofed 
 to be neceflary to enfure a full harveft to the 
 Britifh arms in the next compaign, as the 
 French ftill remained in force in Canada, 
 and had nearly retrieved the lofs of their 
 capital. Governor Pownall, wrought up 
 with the eager and juft expe&ation that the 
 blow fo forcibly ftruck would be decifive, if 
 immediately followed by another, without 
 allowing the enemy an interval of relief, 
 made ufe of his influence with the ufual fuc- 
 cefs to lead the General Court into the ear- 
 
 lieft 
 
 
POWNALL 
 
 57 
 
 lieft preparations for raifing their proportion 
 of the army. The Province already fup- 
 plied troops to defend Louifbourg, Halifax, 
 and Lunenburg, and entirely garrifoned 
 Annapolis, Fort Cumberland at Chigne&o, 
 and Fort Frederick at St. John’s. For the 
 encouragement of thefe, four pounds were 
 voted for each private, and one month’s 
 wages to each officer who remained in gar- 
 rifon after the firft of November ; the pay 
 of the whole was to be continued until the 
 firft of May following ; and in order to re- 
 concile them to fo long an abfence on duty, 
 they were promifed a difcharge as foon as 
 the feafon would admit. A bounty of nine 
 pounds was then voted for every man, to 
 the number of five thoufand, who would en- 
 lift for another campaign : And thefe terms 
 received great weight from the high credit 
 of the Treafury, which had been replenilh- 
 ed by a remittance of upward of ^20,000 
 reimburfement money, and was managed 
 with the exa&eft economy. Thefe meaf- 
 ures anticipated the King’s wifhes, as expreff- 
 ed in Mr. Pitt’s letter communicated at the 
 next feffion, in which he obferved that his 
 Majefty, having nothing at heart fo much 
 
 as 
 
 Vol. 11. 
 
 H 
 
S8 
 
 POWNALL. 
 
 as to improve the great and important ad- 
 vantages gained the laft campaign, expefted 
 that they would make provifion for the levy, 
 pay, and clothing of at leaft as large a body 
 of men, as they then did, and even as many 
 more as the number of inhabitants might 
 allow ; and that to encourage it, ftrong rec- 
 ommendations would be made to Parliament 
 next year, to grant a proper compenfation, 
 for fuch expenfes, according as the active 
 vigour and ftrenuous efforts of the refpe£tive 
 Provinces fhould appear juftly to merit. 
 
 In the midft of the burdens and diftreffes 
 of the war, there happened the greateft mif- 
 fortune of its kind ever known in the capi- 
 tal, by the conflagration ftill denominated 
 the Great Fire, which raged fo violently as, 
 in about four hours, to deftroy nearly a tenth 
 part of the town. It began by accident in 
 that quarter of Cornhill, which is oppofite 
 to Williams’s court, and not only fwept away 
 the buildings in that direction to the water, 
 but, widening to the fouthward, and taking 
 in the lower part of Milk-ftreet, it extended 
 to Fort-Hill and the South-Battery, and then 
 turning upon King-flreet ran from the 
 corner oppofite to the Bunch of Grapes 
 
 Tavern, 
 
POWNAL L. 
 
 59 
 
 Tavern, and deftroyed the buildings on the 
 fouth fide of that ftreet, almoft down to the 
 Long Wharf. There were confumed 174 
 dwelling houfes, 175 warehoufes and other 
 buildings, with large quantities of merchan- 
 dize, furniture, and tools, the value of which 
 amounted to ^71,1 12 js. 3 d. and 220 fami- 
 lies were turned upon their neighbours for 
 fhelter. The circumftances of the town 
 had, before this, been a juft fubjed for legis- 
 lative afliftance, from a great inequality of 
 the taxes owing to the long continuance of 
 the rule of valuation then in ufe, by which 
 Bofton was fet at ^170 in the thoufand. 
 Such had been the increafe of the fettle- 
 ments and population of the Province in 
 about nine years fince this rule had been 
 eftablifhed, that trading towns had arifen to 
 {hare the profits of commerce with the cap- 
 ital, in places where forefts then flood ; and 
 in fome inftances the number of the polls 
 in new townfhips was fo great, as to pay 
 their whole proportion of the tax to the ex- 
 emption of the eftates. Partial relief only 
 having been given to the town under this 
 grievance, its claim upon the General Court 
 in the prefent calamity became irrefiftible. 
 A brief was granted to colled money by 
 
 voluntary 
 
6o 
 
 POWNALL. 
 
 Journals. 
 Petition of 
 the town. 
 Selectmen’s 
 Records. 
 
 voluntary contribution throughout the Prov- 
 ince ; and for the immediate relief of the 
 poor, ^3000 was allowed out of the excife, 
 £ 1 1 00 was alfo remitted to the inhabitants 
 by way of abatement of their taxes ; a loan 
 to the town of ^3500 was continued, and 
 at the next feflion, a petition to the King in 
 its behalf was agreed on, and committed to 
 the patronage of the Governor. The Af- 
 fembly of New-York pafled an aft for grant- 
 ing the fufferers ^2500, which was carried 
 into effeft, and the government of Pennfyl- 
 vania gave £1500 for the fame charitable 
 purpofe. In fhort the donations from one 
 quarter and another amounted to the fum 
 of ^17,756 15/. 8d. Benevolence was 
 followed by juftice, and the next year the 
 town was reduced in the apportionment of 
 taxes to £ 1 1 2 in the thoufand. 
 
 As Governor Pownall arrived in the Prov- 
 ince at the moft gloomy ftate of the war, fo 
 he had the good fortune, before his depar- 
 ture from it, to find the fuccefs of the Britifh 
 arms eftablifhed, and the fruits of viftory in 
 fome meafure realized. 
 
 The eaftern Indians, who are the mere 
 dependants upon the fortunes of the great 
 
 contending 
 
6 1 
 
 P.OWNALL 
 
 contending powers, began to furrender, as 
 the arms of the French declined. Among 
 thefe the Penobfcots, who were fituated 
 within the bounds of MafTachufetts, experi- 
 enced the final decline of their powers as a 
 warlike tribe. The increafing fpirit of na- 
 tional hoftility, or fome other caufe had ren- 
 dered hopelefs all profped of fatisfadion for 
 the flaughter of their countrymen in the 
 year 1 755, Capt. Cargill having been tried 
 for murder and found not guilty, and about 
 the fame time received with another perfon 
 £600 from the public treafury for killing 
 two other Indians in Penobfcot Bay. The 
 effeds of war upon their population had 
 been fo great as to reduce them to five 
 fachems and feventy-three warriors ; and 
 they now felt an irrefiftible check upon 
 them by the eredion of the fort at the 
 mouth of their river. Under thefe deprefT- 
 ed circumftances they fent deputies to fet- 
 tle a peace at Bofton. The terms were 
 fuch as their condition invited. Acknowl- 
 edging themfelves to be fubjeds of the King 
 of Great-Britain, they confefled their rebell- 
 ion, and the forfeiture of their lands in con- 
 fequence of it. They received as a favour 
 the privilege of hunting upon them, and 
 
 otherwife 
 
 Sup. Court*® 
 Records. 
 June Term 
 1 755, at 
 York. 
 
 April 9 . 
 
6z 
 
 POWNALL, 
 
 otherwife ufing fuch parts as ftiould be af- 
 figned for that purpofe. They promifed to 
 dwell near Fort Pownall. They relinquifh- 
 ed all alliance with the French, and engaged 
 to deliver up future offenders to be tried by 
 the laws of the Province. 
 
 Governor Pownall being appointed to 
 the command of South-Carolina, with a 
 more advantageous falary, he prepared to 
 return to England with permiffion, previ- 
 oufly to his entering upon the duties of his 
 new commiffion. His adminiftratioa had 
 been fhort, but extremely fuccefsful. He 
 faw the prevailing feelings and habits of 
 the people, and realizing that his future ad- 
 vancement might depend much upon the 
 reputation which he might acquire in Maf- 
 fachufetts, he accommodated his meafures to 
 them with fuch addrefs, that he was even 
 exempted from exceptions to appearances in 
 his perfonal conduct, which would have 
 been highly cenfurable, according to the 
 ftrid notions of the times, in a lefs favourite 
 character. The favings of the public mo- 
 ney, which he made by his exertions, ren- 
 dered him juftly popular in a Province, 
 where the want of affluence could be fup- 
 
 plied 
 
 
POWNALL. 63 
 
 plied only by induftry. He effe&ed this 
 by the greateft attention to the difpatch of 
 public bufinefs, which fhortened the feflions 
 of the General Court, and of courfe reduced 
 the drafts on the treafury for the pay of the 
 members. He leflened the advances of the 
 Province by uniting with them the allow- 
 ance of the crown for milage money to the 
 foldiers ; and his manner of building the 
 fort at Penobfcot was a mafter-piece of po- 
 litical economy. He aflociated with an eafy 
 condefcenfion, amongft thofe leaders in the 
 capital, who generally direded the voice of 
 the multitude, whilft he indulged his nat- 
 ural gaiety in the politer circles of fafhioa 
 and pleafure. The importance of his con- 
 nexions, and his fuppofed influence in En- 
 gland, had great weight with thofe, to whom 
 the public affairs of the Province were par- 
 ticularly intruded ; and indeed in his future 
 parliamentary conduct he fhewed himfelf 
 not unmindful of this refped. The con- 
 cerns of the war kept nearly out of fight 
 the great controverfial points refpeding 
 rights and prerogative, on which the Gen- 
 eral Court and former Governors ufually 
 divided ; and when they came up, as once 
 happened in the cafe of ftationing troops on 
 
 the 
 

 POWNALL. 
 
 June 3d. 
 
 the frontiers, he yielded to a fpirit which it 
 had coft fo much to fubdue on fimilar occa- 
 fions, and which he was not ill adapted to 
 manage by apparent conceflions. It was 
 the height of his good fortune that the Britifh 
 arms prevailed beyond all rational calcula- 
 tion, which caft a luftre on his exertions in 
 the military department, and gave an exul- 
 tation to the people, that naturally elevated 
 their immediate rulers in their view. The 
 extent of his influence with the members of 
 the Legiflature is evidenced by their refped- 
 ful addrefles and by a compliment which 
 the majority of the Houfe paid him by of- 
 fering him a paflage to England in the pro- 
 vincial frigate, which they had afligned for 
 bringing over the reimburfement money 
 granted by Parliament, although it was the 
 only veflel of force that was left to proted 
 the trade. This propofal however, was 
 fhewn in a remonftrance of the merchants 
 to the Council, to be fo hoftile to commerce, 
 and fo extravagant as it refpeded the freight 
 of the public money, that the projed was 
 given up, by the Governor’s declining the 
 offer and taking paflage in a private fhip. 
 When he embarked, both Houfes attended 
 him in a body to his barge, and every cere- 
 mony 
 
POWMALL 
 
 mony was adopted which could leave a fa- 
 vourable impreffion on his mind. 
 
 To thofe who are curioils in tracing the 
 parliamentary hiftory of the Province, and 
 the manner in which the conftitutional 
 rights of the feveral branches of the Legifla- 
 ture were fettled under the charter, it may 
 not be difpleafing to (ketch a controverfy 
 refpe<5ting the mode of pafling the Treasur- 
 er's accounts, which terminated at this pe- 
 riod. Thefe accounts, having been laid be- 
 fore the Houfe, were referred to a commit- 
 tee of their own : upon a report being made, 
 the Houfe voted to accept it, and that the 
 accounts be allowed. The Council, agree- 
 ing to allow the accounts, concurred in the 
 vote with an amendment, which was to ex- 
 punge the acceptance of the report of the 
 committee, they not having had any con- 
 cern in the commitment, nor any privity 
 with a committee of the Houfe. In this 
 the Houfe unanimoufly non-concurred ; 
 and thus, under the appearance of mere 
 form, the two branches of the General 
 Court were at iflue upon their refpedlive 
 rights, as will be more fully fhewn in the 
 
 recital 
 
 Voi.. n. 
 
 I 
 
POWNALL 
 
 recital of their arguments. The Council 
 declared that they had nothing in view but 
 to preferve order and their known eftablifh- 
 ed rights : that if an order of the whole 
 Legiflature were neceiTary for the Treafurer’s 
 difcharge, and a due fettlement of his ac- 
 counts, and the Council were to be confid- 
 ered as one branch of the Legiflature, they 
 chofe to fee with their own eyes, and not 
 with the eyes of a committee of the Houfe: 
 that the practice had been both ways through 
 inadvertency ; and if the Houfe thought 
 that they had a right alone to difcharge the 
 Treafurer, there was no propriety in fend- 
 ing the accounts to the Board. 
 
 To this the Houfe replied, that their pro- 
 ceedings were agreeable to ufage, a few in- 
 ftances of inadvertency excepted : that true 
 it was that the order of the whole Court 
 was neceflary for the Treafurer’s difcharge, 
 but the late pradtice of the Board of a fpe- 
 cial examination of the Treafurer’s accounts 
 was novel, and not within the rights belong- 
 ing to them either as the King s Council or as 
 one branch of the Legiflature : that the 
 
 Houfe challenged as their fpecial rights and 
 privileges the foie modelling of all laws, for 
 
 impofingf 
 
POWNALL 
 
 6 7 
 
 impofing taxes’ on the people for the defence 
 and fupport of government ; and had power 
 alfo to inquire into and judge of the ufes 
 and occafions, for which monies were de- 
 manded and given and to appropriate the 
 fame, and to inquire into the applications, 
 and cenfure the mifapplications thereof ; 
 and that by the Britifh conftitution thofe 
 powers and privileges were hereditary to 
 the Reprefentatives of the people : and they 
 apprehended that the Board had no right 
 in thofe cafes to amend the doings of the 
 Houfe, but abfolutely to aflent to, or diffent 
 from them : that the Board could not but 
 be fenfible that in all bills for levying mo- 
 ney, the Houfe had challenged and preferv- 
 ed their right of the foie modelling of the 
 fame ; and that there was the fame reafon 
 that they fhould have the like power of in- 
 quiring into applications of the monies raif- 
 ed upon the people : that the Houfe knew 
 of no other proper method of their making 
 fuch an inquiry but by a committee of their 
 own, and confequently no proper method 
 of their paffing the Treafurer’s accounts, but 
 by an acceptance of the report of fuch a 
 committee, and pafling a refolve thereon. 
 
 The 
 
68 
 
 POWNALL, 
 
 The Council rejoined that the Houfe mif- 
 took their intentions. Their exception re- 
 lated merely to the form of the vote ; and 
 therefore the anfwer of the Houfe urging 
 their right to originate and frame all laws 
 for impofing taxes, to judge of the ufes for 
 which all monies were granted, and to ap- 
 propriate all fuch monies as they think fit, 
 Were entirely out of the queflion : that 
 the Board had no right to amend the votes 
 of the Houfe in the cafes mentioned, was 
 neither acceded nor denied, as there was no 
 occafion to determine it, it being irrelative 
 to the cafe in difpute : that the application 
 of the public money was made by the Gov- 
 ernor with the advice and confent of the 
 Council ; that the Houfe would not fend a 
 vote refpeding an inquiry into fuch appli- 
 cation to the Board for their concurrence ; 
 that the examination into the Treafurer’s 
 accounts, and an inquiry how far he had 
 difcharged himfelf was quite a diftindt thing 
 from the other inquiry. In order to deter- 
 mine this, the Houfe allowed a vote of the 
 whole Legiflature to be neceflary ; and in- 
 deed there was no more pretence for the 
 Houfe to affume an exclufive right of ex- 
 amining the accounts of the Province Treaf- 
 
 urer. 
 
POWNALL 
 
 69 
 
 urer, than the account of the Province Agent, 
 or of any committee, or of any perfon or 
 perfons whatfoever employed by the gov- 
 ernment in any public truft : that perhaps 
 the right of the Houfe to any fhare in pair- 
 ing upon the Treafurer’s accounts was de- 
 rived entirely from the a£t of the Province 
 made in the 8th year of King William, 
 which provided that fuch accounts fhould 
 be laid before the General Aflembly, for 
 their examination, approbation, and allow- 
 ance, but gave no precedence to the Houfe 
 of Reprefentatives more than to any other 
 branch of the Aflembly : that there was 
 nothing in the nature of thefe accounts to 
 diftinguifh them from all other accounts, 
 which were pafled on by the Governor with 
 the advice and confent of the Council : that 
 precedents were both ways, but were not of 
 much confequence in this cafe ; they ought 
 to be reduced to reafon and propriety of 
 proceeding, and not the reverfe : that in or- 
 der to concur or non-concur (a right which 
 the Houfe admitted) it was neceflary to ac- 
 quire knowledge by their own examination : 
 that if they were to do this by a committee 
 of the Houfe, they might be confidered as 
 mere machines of the Houfe, which they 
 
 did 
 
70 
 
 HUTCHINSON. 
 
 did not intend to fubmit to : that they 
 were extremely anxious to a£t in concert 
 with the Houle ; but if nothing better could 
 be done, they fhould be under the neceflity 
 of framing a vote feparate, determining how 
 far the accounts ought to be approved and 
 allowed, and to let it avail as far as it could. 
 
 The merits of this difpute were finally 
 determined to lie with the Council, the 
 Houfe palling the Treafurer’s accounts by a 
 vote without reference to the report of their 
 committee, and the Council concurring. 
 This iffue however was not obtained until 
 the delay was made an exception, and threat- 
 ened to affedt the pecuniary concerns of the 
 Province in England. 
 
 Lieutenant-Governor Hutchinfon was 
 now left in the command of the Province 
 for a Ihort time, during which the import- 
 ant meafures for raifing the army were con- 
 tinued with the ufual affiduity, the pruden- 
 tial concerns of the Province were carefully 
 arranged and methodized, and a conciliatory 
 difpofition prevailed amongft the feveral 
 branches of the government. 
 
 From inftrudtions to Mr. Bollan, now 
 again after much oppofition, ele&ed to the 
 
 agency 
 
HUTCHINSON. 
 
 V 
 
 agency of the Province, it appears that many 
 particular affairs in England ftill remained 
 unfatisfied. Thefe arofe from the expenfe 
 of the troops detained at Louifbourg and 
 Nova-Scotia, which was occafioned by the 
 capture of Quebec ; the fupport of the 
 French neutrals ; the fervices of thefailors 
 employed in the River St. Lawrence on 
 board the fleet ; the cannon taken from 
 Caftle-William to Crown-Point, and the de- 
 mands again!! New-Hamp!hire for the fup- 
 port of Fort Dummer and Number Four, 
 and defending its frontier. Befide which 
 the Agent was directed to endeavour to pro- 
 cure a more favourable rule for apportion- 
 ing the parliamentary grant, to effed the 
 eftablifhment of the boundary line of New- 
 York, and the reftoration of the revolted 
 towns received by Connedicut. 
 
 In order to account for the folicitude of 
 the General Court on the fubjed of the rule 
 for apportioning the grants of Parliament, as 
 well as to fhew the nature of the connexion 
 among the Britifh Colonies, and the ground 
 perhaps of the opinion which prevailed in 
 fubfequent years, of the impoflibility of their 
 effedual union, it will be ufeful to give the 
 reafoning of Mr. Bollan upon the cafe. He 
 
 contended 
 
HUTCHINSON. 
 
 contended that the apportioning of the! 
 £200,000 granted this year, by the num- 
 bers of men railed in the feveral Colonies 
 and marched into the field was unjuft Upon 
 the following principles. Virginia voted 
 2000 men and muttered 1868. Maffachu- 
 fetts voted 7000 men and muftered 6500. 
 The expenfe of the Colonies according to the 
 beft of his judgment was about £350*000 ; 
 wherefore the fum to be granted being equal 
 to -iths of the expenfe* if the rule pro- 
 pofed for diftribution be followed, Virginia 
 would bear only 4th parts of the expenfe of 
 1 868 men, whilft Maffachufetts would bear 
 4th parts of the expenfe of 7000. And thus 
 Maffachufetts* whofe expenfe duly proved ac- 
 cording to former rules amounts to£i 1 0,000 
 fterling, in confequence of its raifing the 
 greater number of men for the public fer- 
 vice, will be left to bear the expenfe of 
 about £47,000, whilft Virginia would be 
 left to bear the expenfe of about £13,000* 
 fuppofing their expenfes to be the fame man 
 for man. If thefe Colonies were equal in 
 all other refpe&s, this rule would be repug- 
 nant to the grant and aft of Parliament : 
 but Virginia really contained a greater num- 
 ber of inhabitants than Maffachufetts, and 
 was a more wealthy Colony. 
 
 CHAP. 
 
BERNARD. 
 
 73 
 
 CHAP. IV. 
 
 Governor Bernard arrives — Syftem of colo- 
 nial adminifi ration adopted by the Britijh 
 minifters — Parties in the Province — Con- 
 trove rfy refpetting the officers of the cuf 
 toms — Difputes on the fubjeEl of writs of 
 affifance — and on making gold a tender. 
 
 T HE government of Francis Bernard in 
 Maffachufetts Bay (lands amongft the moft 
 interefting periods of American hiftory. 
 It was contrafted with that of his predecef- 
 for, as much by the profperous ftate of pub- 
 lic affairs at its commencement* as by the 
 diftra£ted and unhappy condition of the 
 people at its termination. It was the con- 
 fine of a new order of things. Since the 
 year 1754, and indeed fince the laft peace, 
 a common objed of apprehenfion and attack 
 had combined the Britifh empire with its 
 various dependencies. The enemy was 
 now fubdued in Canada, and with them 
 that deadly foe, who had infefted the bor- 
 ders of the Colonies from that quarter with 
 murder and pillage fince their original fet- 
 
 tlement. 
 
 Vol. 11. K 
 
74 
 
 BERNARD. 
 
 dement. This was fuppofed to operate like 
 a new charter of civil and religious privi- 
 leges to the people ; and to withdraw with 
 danger and the war that reftraint upon their 
 pretenfions, w r hich thefe had hitherto effect- 
 ed. Thus after the victory fo long, fo 
 hardly fought, had been obtained, reflection 
 flepped in to poifon fuccefs, and to diftraCt 
 all the preconceived enjoyments and advan- 
 tages of conqueft. What, it was fuggefted, 
 is to prevent the lofs of all which we have 
 contended to preferve, and which we have 
 added to our dominions, by the overruling 
 fpirit of independence ? When the enemy, 
 which we have vanquished, hung over the 
 borders of our Colonies, they naturally flew 
 to us for protection. Their religion, affec- 
 tions, and interefts threw them into our 
 arms, and fecured them in our power. But 
 the removal of danger changes the tone of 
 their feelings, and muff undermine their re- 
 lations towards us. The natural progrefs of 
 nations to political manhood is regulated 
 not merely by time, but by various adven- 
 titious circumftances, and, in this view, we 
 have haftened their maturity many centu- 
 ries. 
 
 Since 
 
BERNARD. 
 
 75 
 
 Since the event, which has fo fully jufti- 
 fied thefe apprehenfions, it feems as if argu- 
 ments were wanting to oppofe them. Per- 
 haps they were allayed at the time by the 
 example and policy of Spain towards South- 
 America, which was cited. The charm, it 
 was faid, by which a nation was to govern 
 its Colonies, confifted in not allowing them 
 to keep up a military or a marine force. 
 Britiffi Governors, civil officers, garrifons, 
 and fhips of war, were to be relied upon to 
 fecure a country, which, it was fuppofed, 
 would not be peopled for many centuries. 
 This fecurity would alfo be ftrengthened by 
 hereditary rivalries and animofities amongft 
 the feveral fettlements, which Would effec- 
 tually prevent their uniting againft the par- 
 ent country. Finally, when this plan of 
 government fhould be exhaufted in its ope- 
 ration, the intereft of Great-Britain confift- 
 ed rather in the independence of her Colo- 
 nies, than in their union with France by 
 conqueft, which, in the courfe of events, 
 might happen, if French fubje&s continued 
 in their neighbourhood. In the firft cafe 
 the natural trade of Britain with them would 
 continue to mutual benefit ; in the laft, fo 
 great a force would be added to the power 
 
 of 
 
7 6 
 
 BERNARD. 
 
 Auguft 4. 
 
 Auguft 13. 
 
 of her rival, as might enable France to real- 
 ize the plan of her infatiable ambition found- 
 ed on univerfal empire. 
 
 Such being the apprehenfions and predic- 
 tions of the parent country, we fhall find 
 the fyftem of colonial adminiftration regu- 
 lated by them, and the conduct of all the 
 officers exhibiting their influence. We are 
 not therefore to look only at the particular 
 characters of thefe for the explanation of 
 future affairs. Events might be accelerated 
 or retarded by the perfonal wifhes and feel- 
 ings of individual agents ; but the caufe of 
 the great convulfion, which enfued, was 
 founded in the inflexible fyftem, which 
 minifters impofed on the throne. 
 
 Governor Bernard, on his firft appearance 
 in the Province feemed not to lie under any 
 unfavourable impreffion in the view of the 
 people. He had governed the Province of 
 New-Jerfey fo acceptably, as to make his 
 advancement to Maflachufetts to be efteem- 
 ed a juft reward for his fervices. In his in- 
 troductory addrefs to the General Court, he 
 fpoke of his obligations not only to preferve 
 the rights of the people as Britifh fubje&s, 
 
 but 
 
BERNARD. 
 
 77 
 
 but their particular privileges granted to 
 them by the royal charters. The fuccefs- 
 ful ftate of public afiairs gave him an op- 
 portunity of remarking upon the peculiar 
 happinefs of the times, when all parties were 
 united, and even the voice of faction was 
 filenced ; when the fovereign was acknowl- 
 edged to be the maintainer of the privileges 
 of his fubje&s, and the people were become 
 the fupporters of the prerogatives of the 
 crown. The Houfe, in their anfwer, joined 
 in extolling the happinefs of the times, and 
 in connexion with the wifdom and power 
 of the fovereign, failed not to applaud the 
 Britifh conftitution, fo long allowed to ex- 
 ceed all others, and now exceeding itfelf. 
 
 The times were indeed fignalized with 
 fortunate events. On the firft of Septem- 
 ber information was received that the French 
 army, who had befieged General Murray 
 in Quebec, and threatened to reverfe the 
 vi&ory of Wolfe, was obliged to retire from 
 that city ; and foon afterwards arrived the 
 account of Montreal and the reft of Canada 
 furrendering to General Amherft on the 
 eighth of that month. The exultation at 
 thefe events was but little checked by the 
 
 lofs 
 
7 8 
 
 BERNARD. 
 
 1761. 
 
 lofs of Fort Loudoun ; and the death of the 
 King, which threw a fhade of melancholy 
 on the clofe of the year, was foon effaced by 
 the promifing character of the Englifh-born 
 fucceffor to the crown. 
 
 Whatever might have been the opinions 
 or views of Governor Bernard upon coming 
 to the chair, affairs were approaching to 
 that crifis, which placed him on unequivocal 
 ground. There had long exifted in the 
 Province a divifion between the advocates 
 for the crown and the defenders of popular 
 rights. Shirley, as has been mentioned, 
 balanced thefe parties with good fortune. 
 Pownall, partly perhaps from his love of 
 liberty, and partly from the neceffity of 
 managing the war with fuccefs, which could 
 be done only by Handing well with the 
 General Court, was cautious in his connex- 
 ions with the friends of the prerogative, 
 and rather courted the leaders of his oppo- 
 nents. One of thefe reafons may not have 
 exifted fo ftrongly in the breaft of Gover- 
 nor Bernard ; and the other was leffening in 
 its operation from the eventual fuccefs of 
 the war. He was therefore claffed on the 
 fide of thofe who were for ftrengthening the 
 
 royal 
 
BERNARD. 
 
 79 
 
 royal authority in America, and for adopt- 
 ing the various plans of revenue and pre- 
 rogative which were fo ferioufly attempted 
 in future years. This party naturally con- 
 fifted of all thofe officers, who were appoint- 
 ed by and dependant upon the King, and 
 many expectants who grew out of the prom- 
 ifing fyftem of raifing a tax to be ex- 
 pended in America. Lieutenant-Governor 
 Hutch infon was at their head both in rank 
 and importance ; and by means of the death 
 of Stephen Sewall, Efq. the Chief Juftice 
 of the Province was now raifed to that im- 
 portant office, which enabled him to com- 
 mence with greater advantage that agency 
 in the public affairs of thefe times, and the 
 future revolution of the country, which was 
 fo confpicuous, influential, and finally un- 
 fortunate.* 
 
 The 
 
 * His commiffion as Lieutenant-Governor was pub- 
 lifhed on the firft day of June, 1758, and was the laft in 
 the Province that was renewed after the demife of the 
 crown, owing, as he feems to have fuppofed, to the mif- 
 reprefentations of his character made by his enemies to 
 the Earl of Halifax. (M. S. letter-book.) Thefe he found 
 means effe&ually to obviate, and to unite more offices 
 than were ever filled by one perfon before : holding the 
 places of Lieutenant-Governor, a Counfellor, Chief Juftice 
 of the Superiour Court and Judge of Probate for the County * 
 •/ Suffolk at the fame time. 
 
BERNARD. 
 
 The fubjeCt devoted to commence the 
 difputes between Governor Bernard and the 
 General Court fprung out of this divifion. 
 A rooted averfion fubfifted between the offi- 
 cers of the cuftoms in the port of Bofton, 
 and the people concerned in the foreign 
 trade of the Province. The duty of thofe 
 officers was odious in itfelf ; and a zeal to 
 merit the approbation of the miniftry, and 
 to accumulate wealth, induced them to ex- 
 ercife a rigour in enforcing the commer- 
 cial laws, which added much to the hatred 
 neceflarily connected with their bufinefs. 
 The antipathy became perfonal ; and the 
 execution of the laws appeared like the tri- 
 umph of private revenge. Loud and fre- 
 quent complaints arofe, that a feverity was 
 ufed to carry into effeCt grievous regulations 
 of trade, which in other Colonies were fuf- 
 fered to be evaded from a conviction of their 
 unreafonablenefs, and the impracticability 
 of their being generally enforced. The 
 abufes in the department of the revenue, 
 and the notoriety of the faCt, that after all 
 the oppreffion ufed in the collecting of it, 
 none of the avails reached the exchequer, 
 naturally led the merchants to fcrutinize the 
 proceedings of the commiffioners. It ap- 
 peared 
 
BERNARD* Si 
 
 peared that in cafes, where one third of die 
 forfeiture accrued to the Province, large 
 fums had been allowed out of it to private 
 informers, and exorbitant fees taxed for at- 
 tornies and other ufes, contrary to a law of 
 the Province of the prefent year, ftating the 
 fees of the Cuftom-Houfe officers. This 
 abufe was reprefented to the General Court 
 by a memorial from a number of refpeftable 
 merchants, who were heard by their coun- 
 cil, and a committee having reported that 
 in fix cafes of trial in the Court of Vice-Ad 1 - 
 miralty, the Province was illegally and un- 
 juftly kept out of ^475 gs. 11 d. in the 
 manner above-mentioned, and that the 
 Treafurer fhould be empowered to demand, 
 
 (and if unpaid for one month) to fue for 
 this money in a courfe of law, their report 
 was accepted by a general vote of both 
 Houfes. 
 
 This threw the Cuftom-Houfe officers up- 
 on the Governor, whofe negative to the ref- 
 olution was the firft ftage of their defence* 
 
 He objefted to it upon the ground, that the 
 forfeitures were a part of his Majefty’s rev- 
 enue granted to him by aft of Parliament, 
 and mull therefore be fued for according to 
 
 law* 
 
 Vo L. II. 
 
 L 
 
82 
 
 BERNARD. 
 
 law. By this it was the duty of the Treaf- 
 urer to receive and iflue the King’s money ; 
 and of the Attorney-General to fue for and 
 recover it. That as the refolution, {landing 
 as it did, would amount to altering an ad 
 of Parliament, it would, if pafled, have no 
 other effect than his incurring the King’s 
 difpleafure for mifmanaging the revenue 
 contrary to law, ag’ainft his pofitive orders. 
 He therefore defired them to reconfider the 
 refolution, and if they would remove this 
 difficulty, he would give his affent to it. 
 
 The Houfe appear to have underftood, 
 that delivering the profecution into the 
 hands of the Attorney-General was either 
 configning it to oblivion, or confirming by 
 a judicial decifion all the abufes which had 
 been pradifed. They therefore replied, 
 that they were far from apprehending that 
 a refolution of the General Court could al- 
 ter an ad: of Parliament : that every ad 
 
 of the Court was voidable, becaufe it might 
 be difallowed by his Majefty ; and every 
 ad repugnant to an ad of Parliament, ex- 
 tending to the plantations, was, ipfo fafto^ 
 null and void ; nor was it in their hearts to 
 defire the Governor to make the lead infrac- 
 tion 
 
*3 
 
 BERNARD. 
 
 tion upon the King’s prerogative, relative to 
 his Majefty’s revenue, nor to govern contra- 
 ry to his orders, againft law : that all they 
 were folicitous for was to recover the money 
 (to ufe the Governor’s own words) due to 
 the treafury of this Province , upon account 
 of the feizures made purfuant to the a£t of 
 5 th of George II. which his Excellency 
 apprehended might be fued for by the At- 
 torney-General only : that the money was 
 the Province’s, and not in any fenfe the 
 King’s, when the Parliament had granted 
 it to the Province, unlefs its being granted 
 to his Majefty for the ufe of the Province 
 makes it a grant to his Majefty’s ufe. But 
 the grants of money made by the General 
 Aflembly were always to his Majefty for 
 the ufe of the Province, in the fame manner 
 as the grant made by the aforementioned 
 a<3: of Parliament of one third of the goods 
 feized and forfeited was for the fupport of 
 this government ; and if all the revenue of 
 the Province muft be fued for by the King’s 
 Attorney, and through his hands (if ever) 
 paid unto the Receiver-General of the Prov- 
 ince, it might make his office very lucrative 
 to him, but moft dangerous to the govern- 
 ment, and grievous to the fubjed. The 
 
 Receiver- 
 
84 
 
 BERNARD. 
 
 Receiver-General only had heretofore done 
 it, and by virtue of an a£t of the Affembly 
 to which there never was any objection 
 made by the Governor or the King : that 
 they fhould be extremely grieved to go out 
 of this old way, and try one which was nev- 
 er gone into before, and from which it was 
 eafy to forefee that many and great incon- 
 veniencies and mifchiefs would arife to the 
 Province. For if the Attorney- General, 
 who was not chofen by the people, fhould 
 be wicked enough to keep, or lavifh enough 
 to fpend, the money thus received for the 
 Province, what method could be devifed to 
 get it from him, fince upon the Governor $ 
 argument, no one could fue him but himfelf. 
 Cafes might happen, where (differing in fen- 
 timent from other gentlemen in the profef- 
 fion, and from the General Affembly) he 
 might be obliged to bring an a&ion againft 
 his own opinion, which would be hard up- 
 on him and unfafe for the Province : that 
 none of thefe objections lay againft the 
 Treafurer, who was annually chofen by the 
 people, and was under bonds for his fidelity : 
 that it would be furprifing that this money 
 being the Province’s, the Province could 
 not maintain an aCtion and employ whom 
 
 they 
 
BERNARD. 
 
 
 they thought beft, fmee in all popular 
 ftatutes, where a forfeiture was to the King 
 and the informer, the latter, unlefs pofitively 
 reftridted by the act, might profecute in the 
 common law courts and in the Court of Ad- 
 miralty, as well for himfelf as the King, 
 and the informer choofes what attorney he 
 pleafes to manage the fuit : that, on the 
 whole, they could not reconfider the refo- 
 lution, and hoped that they had removed 
 the Governor’s difficulties, fo as that he 
 could affent to it. 
 
 The Governor however faid, that he did 
 not feel his doubts fatisfied, infifting in his 
 reply, that although the money was to be 
 applied to the ufe of the Province, yet, un- 
 til it was received, it was due to the King : 
 that by the common law of England, the 
 King could fue and be fued no otherwife 
 than by the Attorney-General : that the 
 ftatute in queftion being an adt of Parlia- 
 ment, muft be executed according to that 
 law, and to appoint a different method of 
 executing it was to alter the adt, which they 
 could not control, as they might an a dt of 
 the Province : that the Treafurer had no 
 power to fue, except what arofe from the 
 
 words 
 
86 
 
 BERNARD. 
 
 words of the aft under which he fued ; and 
 no fuch power was given by this aft : that 
 it was not his intention that the Attorney- 
 General fhould receive the public money, 
 but that he fhould fue for it y as in England, 
 and that the Treafurer fhould receive the 
 amount of the judgment. As to bringing 
 an aftion againft his own opinion, in fuch 
 cafe the Attorney-General mull fupport it 
 by the belt arguments he could : that it was 
 his defire that the aftion fhould be brought, 
 as they ought to be fatisfied refpefting it, 
 their only difference was about the mode. 
 Therefore to end the difquifition, as they 
 feemed fo very defirous that their method 
 fhould be purfued, and his confent could 
 not prejudice the King’s rights otherwife 
 than by precedent, againft which he had 
 fufficiently guarded by his meffages ; and 
 the aft by their own conceffion muft have 
 its effeft, and the Council having advifed ' 
 him to wave his opinion, he confented to 
 the refolution, hoping that they would not 
 require of him fuch another proof of his 
 great defire of preferving a good underftand- 
 ing with them. 
 
 The acquiefcence of the Governor in this 
 refolution was probably induced from the 
 
 fecurity, 
 
BERNARD. 
 
 *7 
 
 fecurity, which the Cuftom-Houfe officers 
 felt in the opinion of the judicial depart- 
 ment on fuch a point of law, as they in- 
 tended to raife in this cafe. An adtion was 
 brought by the Treafurer in purfuance of 
 the refolution of the General Court, and a 
 plea in abatement made by Mr. Paxton, the 
 defendant. This was overruled in the In- 
 feriour Court, and a judgment given in a 
 verdidt againft him ; but on the appeal, the 
 Superiour Court fuftained his plea and he 
 recovered judgment againft the Treafurer, 
 not Vvithout a convidtton in the minds of the 
 Judges of the injury done the Province, but 
 from the want of authority to call in ques- 
 tion the jurifdidtion of the Admiralty. The 
 refult of this cafe muft have tended greatly 
 to increafe the animofity which exifted be- 
 tween the contending parties in the Prov- 
 ince. And about the fame time and from 
 the fame principles and feelings, arofe anoth- 
 er important difpute upon the fubjedf of 
 writs of afliftance. One of the Cuftom- 
 Houfe officers petitioned the Superiour 
 Court of Judicature, ftating that as they 
 could not fully exercife their offices in fuch 
 a manner as his Majefty’s fervice, and the 
 laws in fuch cafe require, that Court would 
 
 grant 
 
 Supr. Court 
 Records. 
 Paxton vs. 
 Grey. 
 Hutchin- 
 fon’s M. S. 
 Let. Bock, 
 
88 
 
 BERNARD. 
 
 grant writs of afliftance, to aid them in the 
 execution of their duty, according to the 
 ufage of the Court of Exchequer in Great- 
 Britain. Mr. Gridley, as King’s Attorney i 
 maintained the legality of this writ, as well 
 on the practice of the Exchequer, as on that 
 of the Superiour Court of the Province. 
 The practice in England was fupported by 
 ftatutes of 1 2th and 14th Charles II. and 
 by 6th Anne, which continues all procefles 
 and writs after the demife of the crown, 
 and writs of afliftance amongft the reft. 
 The authority of the Superiour Court to 
 grant this writ was founded on the ftatute 
 of yth and 8th of William III. which en- 
 acted that all the officers for collecting and 
 managing his Majefty’s revenue, and in- 
 fpeCting the plantation trade in any of the 
 plantations, fhould have the fame powers, 
 &c. as are provided for the officers of the 
 revenue in England ; alfo to enter houfes or 
 warehoufes to fearch for and feize any fuch 
 goods, and that the like ajjijlcnice fhould be 
 given to the faid officers, as is the cuftom 
 in England. This could be no otherwife 
 done than by writ under the feal of that 
 Court, fince writs from the Court of Ex- 
 chequer could not run here : and by a law 
 
 of 
 
BERNARD. 
 
 89 
 
 of the Province, this Court was appointed 
 with cognizance of all pleas, &c. as fully 
 as the Court of King’s Bench, Common 
 Pleas, and Exchequer in England. “ It is 
 true,” faid Mr. Gridley, “ the common priv- 
 ileges of Englifhmen are taken away in this 
 cafe, but even their privileges are not fuch in 
 cafes of crime and fine. It is the neceffity of 
 the cafe, and the benefit of the revenue that 
 juftifies this writ. Is not the revenue the 
 foie fupport of fleets and armies abroad, and 
 minifters at home, without which the nation 
 could neither be preferved from the inva- 
 fions of her foes, nor the tumults of her 
 own fubjeCts ? Is not this, I fay, infinitely 
 more important than the imprifonment of 
 thieves or even murderers ? Yet in thefe 
 cafes, it is agreed, that houfes may be broke 
 open. In fine, the power now under con- 
 fideration is the fame vrith that given by 
 the law of this Province to treafurers to- 
 wards collectors, and to them towards the 
 fubjeCt. A collector may, when he pleafes, 
 diftrain my goods and chattels, and in want 
 of them, arreft my perfon, and throw me 
 inftantly into gaol. What ! fhall my prop- 
 erty 
 
 Vol. 11. M 
 
 ad. William 
 111. Chap, iii. 
 
go 
 
 BERNARD. 
 
 erty be wrefted from me ? Shall my liberty 
 be deftroyed by a collector for a debt unad- 
 judged, without the common indulgence and 
 lenity of the law ? So it is eftabliffied ; and 
 the neceffity of having public taxes effectu- 
 ally and fpeedily collected is of infinitely 
 greater moment to the whole, than the lib- 
 erty of any individual.” 
 
 Mr. Thacher, an eminent lawyer, being 
 ordered by the Court to fearch for precedents, 
 reported that he found no fuch writ in the 
 ancient books : that the moft material quef- 
 tion was, whether the practice of the Ex- 
 chequer was good ground for this Court. 
 But this Court had, upon a folemn argu- 
 ment which lafted a whole day, renounced 
 the chance of jurifdi&ion, which the Ex- 
 chequer had in cafes where either party was 
 the King’s debtor. In England all informa- 
 tions of uncuftomed or prohibited goods 
 were in the Exchequer ; fo that the Cuftom- 
 Houfe officers, were the officers of that court, 
 under the eye and difcretion of the Barons, 
 and fo accountable for any wanton exercife 
 of power. The writ now prayed for was 
 not returnable. If the feizures were fo be- 
 fore their Honours, and this Court fhould 
 
 inquire 
 
BERNARD. 
 
 inquire into them, they would often find a 
 wanton exercife of power. In England they 
 feized at their peril, even with probable caufe. 
 
 Mr. Otis appeared for the inhabitants of 
 Bofton, who had prefented a counter-peti- 
 tion. As his plea difclofes feveral curious 
 fa£ts, prefents a ftriking picture of the fpirit 
 of the times, and in fome meafure portrays 
 the manner of that ardent patriot and well- 
 read lawyer, we fhall infert more at large 
 fuch minutes as we poffefs ; lamenting that 
 we cannot recover at this day many elegant 
 rhetorical touches and weighty arguments, 
 which were unavoidably omitted. 
 
 May it pleafc your Honours , 
 
 I was defired by one of the Court to look 
 into the books, and confider the queflion 
 now before them concerning writs of affift- 
 ance. I have accordingly confidered it, and 
 now appear not only in obedience to your 
 order, but likewife in behalf of the inhabi- 
 tants of this town, who have prefented anoth- 
 er petition, and out of regard to the liberties 
 of the fubjeft. And I take this opportunity 
 to declare, that whether under a fee or not 
 (for in fuch a caufe as this I defpife a fee) 
 
 I will 
 
BERNARD. 
 
 I will to my dying day oppofe with all the 
 powers and faculties God has given me, all 
 fuch inftruments of flavery on the one hand* 
 and villany on the other, as this writ of af- 
 fiftance is. 
 
 It appears to me the word inftrument of 
 arbitrary power, the mod dedru&ive of En- 
 glish liberty and the fundamental principles 
 of law, that ever was found in an Englifh 
 law-book. I mud therefore beg your Hon- 
 ours’ patience and attention to the whole 
 range of an argument, that may perhaps ap- 
 pear uncommon in many things, as well as 
 to points of learning that are more remote 
 and unufual ; that the whole tendency of 
 my defign may the more eafily be perceived, 
 the conclufions better defcend, and the force 
 of them be better felt. I fhall not think 
 much of my pains in this caufe, as I engaged 
 in it from principle. I was folicited to argue 
 this caufe as Advocate-General ; and becaufe 
 I would not, I have been charged with de- 
 fertion from my office. To this charge I 
 can give a very fufficient anfwer. I re»- 
 nounced that office, and I argue this caufe 
 from the fame principle ; and I argue it with 
 the greater pleafure, as it is in favour of Brit- 
 
 ifh 
 
BERNARD. 
 
 93 
 
 i£h liberty, at a time when we hear the 
 greateft monarch upon earth declaring from 
 his throne that he glories in the name of 
 Briton, and that the privileges of his people 
 are dearer to him than the mod valuable pre- 
 rogatives of his crown : and as it is in op- 
 pofition to a kind of power, the exercife of 
 which, in former periods of Englifh hiftory, 
 cofl one King of England his head, and 
 another his throne. I have taken more pains 
 in this caufe, than I ever will take again, 
 although my engaging in this and another 
 popular caufe has railed much refentment. 
 But I think I can fincerely declare, that I 
 cheerfully fubmit myfelf to every odious 
 name for confcience’ fake ; and from my foul 
 I defpife all thofe, whofe guilt, malice, or 
 folly has made them my foes. Let the con- 
 fequences be what they will, I am determined 
 to proceed. The only principles of public 
 conduct, that are worthy of a gentleman or 
 a man, are to facrifice eftate, eafe, health, and 
 applaufe, and even life, to the facred calls of 
 his country. Thefe manly fentiments, in 
 private life, make the good citizen ; in pub- 
 lic life, the patriot and the hero. I do not 
 fay, that when brought to the teft, I lhall be 
 invincible. I pray God I may never be 
 
 brought 
 
94 
 
 BERNARD. 
 
 brought to the melancholy trial : but If ever 
 I fhould, it will be then known how far I 
 can reduce to pradice principles, which I 
 know to be founded in truth. In the mean 
 time I will proceed to the fubjed of this 
 writ. 
 
 In the firft place, may it pleafe your Hon- 
 ours, I will admit that writs of one kind may 
 be legal ; that is, fpecial writs, direded to 
 fpecial officers, and to fearch certain houfes, 
 &c. fpecially fet forth in the writ, may be 
 granted by the Court of Exchequer at home, 
 upon oath made before the Lord Treafurer 
 by the perfon who afks it, that he fufpeds 
 fuch goods to be concealed in thofe very 
 places he defires to fearch. The ad of 
 14th Charles II. which Mr. Gridley men- 
 tions, proves this. And in this light the 
 writ appears like a warrant from a Juftice of 
 the Peace to fearch for ftolen goods. Your 
 Honours will find in the old books concern- 
 ing the office of a Juftice of the Peace, pre- 
 cedents of general warrants to fearch fuf- 
 peded houfes. But in more modem books 
 you will find only fpecial warrants to fearch 
 fuch and fuch houfes fpecially named, in 
 which the complainant has before fworn that 
 
 he 
 
BERNARD. 95 
 
 he fufpe&s his goods are concealed ; and 
 you will find it adjudged that fpecial war- 
 rants only are legal. In the fame manner I 
 rely on it, that the writ prayed for in this 
 petition, being general, is illegal. It is a 
 power, that places the liberty of every man 
 in the hands of every petty officer. I fay I 
 admit that fpecial writs of affiftance, to fearch 
 fpecial places, may be granted to certain 
 perfons on oath ; but I deny that the writ 
 now prayed for can be granted, for I beg 
 leave to make fome obfervations on the writ 
 itfelf, before I proceed to other a£ts of Par- 
 liament. In the firft place, the writ is uni- 
 verfal, being directed “ to all and lingular 
 Juftices, Sheriffs, Conftables, and all other 
 officers and fubjefts fo that, in Ihort, it is 
 directed to every fubjed: in the the King’s 
 dominions. Every one with this writ may 
 be a tyrant : if this commiffion be legal, a 
 tyrant in a legal manner alfo may control, 
 imprifon, or murder any one within the 
 realm. In the next place, it is perpetual : 
 there is no return. A man is accountable 
 to no perfon for his doings. Every man 
 may reign fecure in his petty tyranny, and 
 fpread terror and defolation around him, un- 
 til the trump of the arch-angel fhall excite 
 
 different 
 
$6 
 
 BERNARD. 
 
 different emotions in his foul. In the third 
 place, a perfon with this writ, in the day- 
 time, may enter all houfes, fh ops, &c. at will, 
 and command all to affift him. Fourthly, 
 by this writ not only deputies, &c. but even 
 their menial fervants are allowed to lord it 
 over us. What is this but to have the curfe 
 of Canaan with a witnefs on us ; to be the 
 fervant of fervants, the moft defpicable of 
 God’s creation ? Now one of the moft effen- 
 tial branches of Englifh liberty is the free- 
 dom of one’s houfe. A man’s houfe is his 
 caftie ; and whilft he is quiet, he is as well 
 guarded as a prince in his caftie. This writ, 
 if it fhould be declared legal, would totally 
 annihilate this privilege. Cuftom-Houfe 
 officers may enter our houfes, when they 
 pleafe ; we are commanded to permit their 
 entry. Their menial fervants may enter, 
 may break locks, bars, and every thing in 
 their way : and whether they break through 
 malice or revenge, no man, no court, can 
 inquire. Bare fufpicion without oath is fuf- 
 ficient. This wanton exercife of this power 
 is not a chimerical fuggeftion of a heated 
 brain. I will mention fome fads. Mr. Pew 
 had one of thefe writs, and when Mr. Ware 
 fucceeded him, he endorfed this writ over to 
 
 Mr* 
 
BERNARD* 
 
 97 
 
 Mr. Ware : fo that thefe writs are negctia^ 
 ble from one officer to another ; and fo your 
 Honours have no opportunity of judging 
 the perfons to whom this vaft power is del- 
 egated. Another inftance is this : Mr. Jus- 
 tice Wally had called this fame Mr. Ware 
 before him by a conftable to anfwer for a 
 breach of fabbath-day a£ts, or that of pro- 
 fane fwearing. As foon as he had finilhed, 
 Mr. Ware afked him if he had done. He 
 replied, Yes. Well then, faid Mr. Ware, 
 I will fhew you a little of my power. I 
 command you to permit me to fearch your 
 houfe for uncuftomed goods ; and went 
 on to fearch his houfe from the garret to 
 the cellar *, and then ferved the conftable 
 in the fame manner. But to fhew another 
 abfurdity in this Writ, if it fhould be eftab- 
 liffied, I infill upon it every perfon by the 
 14th Charles II. has this power as well as 
 Cuftom-Houfe officers. The words are* 
 <c it lhall be lawful for any perfon or perfons 
 authorized,” &c. What a fcene does this 
 open ! Every man prompted by revenge, 
 ill humour, or wantonnefs to infpedt the 
 infide of his neighbour’s houfe, may get a 
 writ of affiftance. Others will alk it from 
 
 felf-defence ; 
 
 Vol. 11* N 
 
BERNARD. 
 
 felf-defence ; one arbitrary exertion will 
 provoke another, until fociety be involved 
 in tumult and in blood. 
 
 Again, thefe writs are not returned. 
 Writs in their nature are temporary things. 
 ‘When the purpofes for which they are iflu- 
 ed are anfwered, they exift no more, but 
 thefe live forever : no one can be called to 
 account. Thus reafon and the conftitution 
 are both againft this writ. Let us fee what' 
 authority there is for it. Not more than 
 one inftanee can be found of it in all our 
 law-books ; and that was in the zenith of ar- 
 bitrary power, viz. in the reign of Charles II. 
 when ftar-chamber powers were ptrfbed to 
 extremity by fome ignorant clerk of the Ex-- 
 chequer. But had this writ been in any 
 book whatever, it would have been illegal. 
 All precedents are under the control of the 
 principles of law. Lord Talbot fays it is 
 better to obferve thefe than any precedents* 
 though in the houfe of lords, the laft refort 
 of the fubjecft. No a<fts of Parliament can 
 eftablifh fuch a writ : though it fhould be 
 made in the very words of the petition, it 
 would be void. An act againft the con- 
 ftitution is void. (vid. Viner.) But thefe 
 
 prove 
 
BERNARD. 
 
 99 
 
 prove no more than what I before obferved, 
 that fpecial writs may be granted on oath 
 mid probable fupicion . The ad: of 7th and 
 8th of William III. that the officers of the 
 plantations fhall have the fame powers, &c. 
 is confined to this fenfe, that an officer fhould 
 fhew probable ground, fhould take his oath 
 of it, fhould do this before a magiftrate, and 
 that fuch magiftrate, if he think proper, 
 fhould iffue a fpecial warrant to a conftable 
 to fearch the places. That of 6th Anne 
 can prove no more.” 
 
 Notwithflanding thefe and many more 
 arguments were enforced with a zeal peculiar 
 to the fpirit of the occafion and the man- 
 ner of the pleaders, the writ of affiftance was 
 granted. 
 
 Thefe difputes difturbed the public mind 
 fo much, that the Governor in his fpeech to 
 the General Court in the month of June 
 cautioned them againft giving attention to 
 declamations, tending to promote a fufpicion 
 of the civil rights of the people being in 
 danger, which fuited well in the reigns of 
 Charles and James, but in the time of the 
 Georges were groundlefs and unjuft. In the 
 
 reply 
 
 M. S. min- 
 utes taken 
 at the bar. 
 
 Supr. Court 
 Records. 
 
IOQ 
 
 BERNARD. 
 
 reply of both Houfes it was obferved, that 
 they regretted his Excellency’s apprehenhons 
 that a fpirit of party was prevalent among 
 them, if fo, they were utterly ignorant of it ; 
 and they could affure him that there was 
 nothing of fuch a fpirit in the legiflative part 
 of the community : and fhould it appear, 
 that they fhould difcourage it to the utmoft 
 of their power. That his Excellency’s rec- 
 ommendation, to give no attention to de- 
 clamations tending to promote a fufpicion of 
 the civil rights of the people being in danger, 
 fhould have its weight. That it was their 
 intention to fee for themfelves ; and it gave 
 them pleafure to fee that the civil rights of 
 the people were not in danger ; nor were 
 they in the leaft degree fufpicious that they 
 ever would be under his Excellency’s admin,-* 
 iflration, 
 
 Notwithflanding the agitations which had 
 taken place amongft parties in the capital, 
 the alarm had not as yet extended to the 
 country at large, nor drawn into view thofe 
 eflential points of controverfy, on which the 
 revolution of the Colonies depended. Sev- 
 eral internal circumftances were favourable. 
 The reimburfement money for the year 1759, 
 
 amounting 
 
BERNARD. 
 
 !0I 
 
 amounting to .£60,634 fterling, had chiefly 
 arrived. The requifition for men was re- 
 duced to 3000 ; and in the fall of the year 
 Sir Jeffry Amherft difcharged thefe, except- 
 ing 268 at Halifax and 323 at Crown Point, 
 who were draughted for fervice during the 
 winter. Upon the whole, the Province 
 feems as yet to have been in that ftate of reft 
 and fatisfa&ion, which a deliverance from 
 an hoftile neighbour, and a reliance on the 
 faith of Parliament for relieving it from the 
 debt incurred by the war, naturally infpired. 
 And it muft aftonifh the political obferver, 
 that at fuch a moment, when the genius of 
 the Britifh nation may be faid to have ap- 
 peared and pointed to the moft fatal convul- 
 fion in her hiftory, no notice was taken of 
 the warning. Her minifters, either diftra< 9 > 
 ed with the weight of the public debt, over- 
 looked every thing but the immediate means 
 of colle&ing a revenue ; or, ignorant of the 
 growth, enterprife, and advantages of the 
 Colonifts, carelefsly fuffered a difagreement 
 amongft thefe diftant fubjeds, which was 
 worthy of the interpofition of the higheft 
 authority, to be aggravated by the rancour 
 and prejudice of private neighbourhood, and 
 finally to be kindled into a flame by the con- 
 temptible 
 
BERNARD. 
 
 102 
 
 temptible fpirit of party, which the interefts 
 of individuals and the domineering pride of 
 inferiour officers engendered. 
 
 In the fall of the year a General Aflembly 
 was called In confequence of difeovering 
 that the Treafurer’s notes and dollars were 
 counterfeited, for the pimlfhment of which 
 offence the Governor confidered the com* 
 men law as very Inadequate, and that there 
 was a great defedfc alfo in its not providing 
 a punifhment for the counterfeiting of bills 
 of exchange and notes of hand. He there* 
 fore recommended the calling in of the 
 Treafurer’s notes, and iffuing others with 
 proper checks ; and that the a£ts of Parlia- 
 ment againft the forging of public and pri- 
 vate fecurities fhould be extended to the 
 Province. 
 
 The ftate of the coin in Maflachufetts was 
 peculiarly circumffanced at this time. The 
 comparative value of gold and filver in En- 
 gland was fuch, that filver could be Gripped 
 thither from this Province with much great- 
 er profit than gold. Exchange with that 
 country for many years paft had been in fa- 
 vour of this, but now it was reverfed. The 
 
 merchants, 
 
BERNARD. *03 
 
 merchants, having become much indebted in 
 England, were obliged to feek for large re- 
 mittances in the moft advantageous way, 
 and the caufes which have been mentioned, 
 led them to export the filver coin. The 
 confequences of fuch an exportation became 
 very ferious, from the fcarcity of current 
 money w*hich it occafioned ; and, as gold 
 was not by law a tender, it became particu- 
 larly interefiing to debtors ; for if filver 
 could not be procured, gold mud be receiv- 
 ed in payment of demands, at fuch rates as 
 creditors would affent to. Thefe two claff- 
 es of men therefore became immediate par- 
 ties to the controverfy which took place ; 
 they drew after them political difputants 5 
 and when the General Court afTembled, the 
 members feemed to reprefent their conftitu- 
 ents in nothing more exaftly than in their 
 divifions. The calling in of the Treafurer’s 
 notes, and iffuing others as a mere defenfive 
 jneafure againfl counterfeiting, was a very 
 fimple and necefiary precaution. This 
 however was connected with the queftion 
 in what coin they fhould be made payable j 
 and this, of courfe, brought on the fubjedi 
 of making gold a tender. All was contro- 
 verfy and indecifion. The two Houfes, 
 
 differing 
 
i°4 
 
 BERNARD* 
 
 differing in principle on the main point, 
 propofed bills to each other for all the pur* 
 pofes mentioned in the Governor’s meffage ; 
 mutually non-concurred in them ; exchang- 
 ed amendments, and as often rejected thofe 
 amendments ; until the Governor interfered 
 by confenting, that at prefent, his recom- 
 mendation fhould be confined to the fingle 
 bufinefs of calling in and re*-emitting the 
 Treafurer’s notes, and fuffering the reft to 
 ftand over* But all was ineffedual. The 
 Houfe of Reprefentatives infilling on mak- 
 ing gold a tender and the Council oppofing 
 it, the court could agree in nothing except- 
 ing to difpute ; and after fixteen days fpent 
 in fruitlefs debates, the Governor was oblig- 
 ed to prorogue them with exhortations, 
 that, as the prorogation w r ould put a legal 
 end to all the bufinefs then pending, it might 
 have the fame effed upon their minds and 
 memories, and free them from all bias and 
 prejudice arifing from any tranfadions, 
 which had defeated the intention of the 
 feflion. The parties now appealed to the 
 tribunal of public reafon. And Lieutenant- 
 Governor Hutchinfon appearing in the 
 newfpapers in favour of reducing the value 
 of the gold coin, as an expedient to leffen 
 
 the 
 
Bernard. tof 
 
 the motive for retaining it in the Province^ 
 and by that means to diminifli the exporta- 
 tion of filver, Mr. Otis became a champion 
 in the fame manner for the party, who either 
 confidered gold as a legal tender, or were 
 for making it fadi at the ufual rate* 
 
 The manner in which the fubje£t Was 
 handled by thefe writers was highly con- 
 trafted. Mr. Hutchinfon was temperate 
 and perfpicuous. Mr. Otis with depth of 
 teafoning fought to captivate the public 
 mind, and to excite all its prejudices againft 
 the perfoiial character of his adverfary. 
 
 This occafioned a medley of argument and 
 farcafm, fo pointed and warm, that Mr. 
 Hutchinfon thought the writer would lofe 
 his friends with his temper, and had *jufti- 
 fied negledt. Of this he availed himfelf 
 and omitted to make a diredt reply ; but ill 
 Order to give more force to this manage- 
 ment, he proceeded to write on the fubje£t 
 without noticing his opponent : and to this 
 circumftance we owe a curious hiftory of 
 the currency. An anonymous publication p e o e ft ^ e E * 
 alfo appeared in this difpute, which was at- 
 tributed to Mr. Bowdoin* then a member of 
 
 the 
 
 Vol. it. 
 
 O 
 
1 06 
 
 BERNARD. 
 
 the Council, who was in fentiment with 
 Mr. Hutchinfon upon this fubje£t, and who 
 met with fimilar treatment. The popular 
 voice inclined to Mr. Otis. The difpute 
 was foon enlarged, attra&ing other objects 
 
 ♦ 
 
 within its fphere, until the plan of the pre- 
 vailing party became definite and directed 
 to important points ; fuch as the expelling 
 the Judges of the Superiour Court from the 
 Council ; the change of the agent in En- 
 gland ; ameliorating the bufinefs of writs of 
 affiftance ; as well as preferving the prefent 
 rates of gold, and making it a tender : fo 
 that the winter feffion of the General Court 
 promifed in appearance greater conflicts 
 than had happened in the laft. 
 
BERNARD. 
 
 107 
 
 CHAP. -V. 
 
 Bill for making gold a tender paffed — Salaries 
 of the Judges of the Superiour Court re- 
 duced — Mr, Bollan difmijfed , and Jafper 
 Mauduit , Efq, appointed Agent — Attempt 
 to exclude the Judges of the Superior Court 
 from a feat in the Legif attire — Arguments 
 on the fubjeft — Military events — Debate 
 between the Governor and Houfe re- 
 fpeEling the employment of the armed pro- 
 vincial foop . 
 
 The General Aflembly was called to the 176a. 
 held of controverfy early in the year of 
 1762 ; and after a flight ftruggle between 
 the Council and Houfe, victory upon the 
 whole declared herfelf in favour of the Rep- 
 refentatives. It is to be underftood that the 
 Governor had not entered zealoufly into the 
 difpute about the currency, which was left 
 very much to the management of Mr. 
 Hutchinfon ; fo that the approach of the 
 Governor and the General Court to each 
 other was the lefs difficult. The Houfe 
 paffed a bill for ifluing new notes, in lieu 
 of thofe extant, from the Treafury, in pay- 
 ment 
 
BERNARD. 
 
 ment for which gold coin at the ufuat cur- 
 rent rate was made receivable ; and another 
 bill exprefsly declaring the fame coin to be a 
 tender in all cafes, to both of which the Coun- 
 cil made little oppofition, and the Governor 
 gave his confent. The good difpofition 
 difcovered at this feffion was mutual ; for 
 in confideration of the extraordinary fer- 
 vices of his Excellency, the General Court 
 granted him the iftand of Mount-Defert. 
 The Houfe however accompanied their ref- 
 elution with a meffage, entreating that he 
 would ufe his beft endeavours for obtaining 
 the King’s gracious confirmation of a title 
 to lands (of which Mount-Defert was a part) 
 between Nova-Scotia and the River Sagada- 
 hock. The majority having thus obtained 
 an afcendency in the points before mention- 
 ed, they attempted to retrieve the ground, 
 which they had loft by the decifion of the 
 Superiour Court on the fubjed of writs of 
 aftiftance. They prepared a bill, entitled. 
 An ad for the better enabling officers of his 
 Majefty’s cuftoms to carry the ads of trade 
 into execution ; the fubftance of which was 
 to prevent the iffuing of thofe writs to any 
 perfon but a Cuftom-Houfe officer ; and 
 that upon fpecial information on oath, na- 
 ming 
 
BERNARD. 
 
 ming the informer, the perfon fuppofed to 
 own the goods, and the place where they 
 were fufpe&ed to be concealed. But here 
 the Governor’s complaifance was checked. 
 He refufed his affent to this bill as repug- 
 nant to the laws of England, particularly 
 the 8th of William III. Chap. xxii. It Were 
 to be wifhed that truth did not require 
 it to be added, that the falaries of the 
 Judges of the Superiour Court, having been 
 reduced the laft year, were not only granted 
 at the fame rate this feflion, but the extra 
 compenfation to the Chief Juftice was en- 
 tirely withheld. 
 
 After a fhort prorogation, the fame fyf- 
 tem was purfued with partial fuccefs. Mr. 
 Bollan who had been the agent of the Prov- 
 ince in England, was difmiffed, and Jafper 
 Mauduit, Efq. a gentleman of very differ- 
 ent purfuits in life, and of much lefs knowl- 
 edge in provincial affairs, was appointed 
 in his ftead. Richard Jackfon, jun. Efq. 
 Counfellor at law for Connecticut, was join- 
 ed in cafe of the receipt of public monies. 
 Mr. Bollan’s intereft had been much fhaken 
 by Governor Pownall, who had partially 
 affociated his brother John Pownall, Secre- 
 tary 
 
 109 
 
 See page 88. 
 
no 
 
 BERNARD. 
 
 tar y to the board of trade, in the agency. 
 A deduction from the reimburfement mo- 
 ney remitted in the year 1759, and a remiflf- 
 nefs in his correfpondence with the General 
 Court had operated Hill more to diminifh 
 the public eftimation of him. The inhabi- 
 tants of Bofton alfo, on the departure of 
 Governor Pownall, had inftruded their 
 Reprefentatives, upon the principle of re- 
 lieving the people from the charge of wholly 
 fupporting an agent, and procuring the ad- 
 vantage of perfonal connexions, to endeav- 
 our to effect the election of fome gentleman 
 refiding at or near the city of London. 
 Mr. Mauduit came within this defcription ; 
 being the brother of Ifrael Mauduit, Efq. 
 who had made himfelf of importance to 
 minifters by his writings and other aftive 
 meafures in politics ; and who was after- 
 wards partially united in the agency. Thefe 
 caufes, and perhaps we may add the circum- 
 ftance of Mr. Bollan’s being a member of 
 the church of England, and Mr. Mauduit’s 
 being a DiflTenter, placed the agent on that 
 poife with the General Court, which, it was 
 faid, the influence of the Governor could 
 turn either way. Affairs were now in fuch 
 a ftate as made it inexpedient, perhaps im- 
 
 poffible 
 
 * 
 
BERNARD, 
 
 m 
 
 poffible, to fave him from oppofition, and 
 he was difmiffed from the fervice of the 
 General Court, near the opening of a con- 
 teft, in which his talents and legal informa- 
 tion were well calculated to be ufeful, and 
 to the aid of which he was fome years after- 
 wards recalled in the capacity of agent for 
 the Council. 
 
 The next meafure which was purfued en- 
 gaged all the attention of the popular party, 
 being founded on conftitutional principles, 
 and immediately connected with the over- 
 throw of their greateft adverfary. This was 
 a bill for excluding the Juftices of the Su- 
 periour Court from a feat in the Council or 
 Houfe of Reprefentatives. The grounds 
 of it were the incompatibility of the duties 
 required of perfons filling thefe offices, and 
 the danger to the liberties of the fubjedt 
 from uniting the judicial and legiflative pow- 
 ers, and, as it refpe&ed the Lieutenant-Gov- 
 ernor, poffibly the executive alfo, in the 
 fame hands. At the prefent day the reafon- 
 ablenefs and neceffity of this meafure is too 
 obvious to require explanation : yet not- 
 withftanding the general fuccefs of thofe 
 who advocated it, and the fpirit with which 
 
 it 
 
112 
 
 BERNARD. 
 
 it was brought forward, it was loft for this 
 time in the Houfe by a majority of feven* 
 In the courfe of the arguments upon this 
 fubjed: on the prefent and future occafion, 
 the dired: and refpeded authority of Mon- 
 tefquieu, as well as the reafon of the cafe on 
 the general principles of government, were 
 adduced in favour of the exclufion, and were 
 enforced by a new T writer with a precision, 
 perfpicuity, and coolnefs well calculated to 
 improve the advantages which his fide of 
 the queftion afforded, and which derived ad- 
 ditional weight from the low farcafm and 
 perfonal abufe that had become very fre- 
 quent between the parties to this controverfy. 
 Attempts were made to avoid his arguments 
 by an opponent of much ingenuity and log- 
 ical acutenefs in argument, of great legal 
 information and overbearing wit. It was 
 contended by him, that the fenfe of keeping 
 the three powers of government diftind: was 
 that the body which exercifes the legijlative 
 power fhould be compofed of members, 
 a majority of whom fhould have no {hare in 
 the exercife of the judiciary power. This 
 was keeping the feveral powers in diftind: 
 bodies of men, and fatisfied the principle, 
 without going fo far as to fay that no indi- 
 vidual 
 
BERNARD. nj 
 
 vidual member fhould belong to both. So 
 in England the Lords, who fit in Parliament, 
 were not deprived of their feats or voices by- 
 being made Chancellors, or Judges of any- 
 other courts in England ; nor was it uncom- 
 mon for thefe to be made Peers of the realm, 
 of which Lord Chief Juftice Mansfield was 
 an inftance. 
 
 As to a Lieutenant-Governor’s not being 
 eligible as a Counfellor, becaufe in cafe of 
 the abfence of the Commander in Chief the 
 Lieutenant-Governor would fill his place 5 
 and then either the Province muft lofe one 
 of its Counfellors, or the fame gentleman 
 muft a<ft as Governor and Counfellor, it 
 .ought to be premifed : that it was a great 
 miftake to aflert that there could be no lib- 
 erty, where he who exercifes the executive 
 power has any floare in the legiflative. The 
 King of Great-Britain, w r ho had the foie ex- 
 ercife of the executive power, had alfo a 
 {hare in the exercife of the legiflative power, 
 that is, the power of reje£ting. Therefore 
 Montefquieu, who, when he wrote, had the 
 Englifh government in view, muft be un- 
 derftood to mean the whole executive and the 
 
 whole 
 
 VO L. II. 
 
 P 
 
H4 
 
 BERNAR D. 
 
 whole legiflative powers ought not to be 
 united, as they are in the republics of Italy ; 
 or, in other words, that a majority of the 
 body, which exercifes the legiflative power, 
 fhould have no fhare in the executive. So 
 long as the Governor was refident in the 
 Province, there could be no conftitutional 
 objection to the Lieutenant-Governor’s 
 being in the Council. As to the contin- 
 gency of the Lieutenant-Governors filling 
 the place of the Commander in Chief, if it 
 fhould happen, it could at moft only re- 
 duce the number of Counsellors, confidered 
 in their legiflative capacity, from 28 to 27 ; 
 a cafe which frequently occurred without 
 any apprehenfion of danger to political lib- 
 erty ; and, as it might not happen, it was 
 abfurd to deprive the Province of an able 
 Counfelior forever, left it might be deprived 
 of him for a Short time ; and' the conftitu- 
 tional objection of uniting the executive and 
 legiflative powers would be obviated by his 
 declining to a£I as a Counfelior in matters 
 of legiflation : or, if he could be weak or 
 wicked enough to attempt to enflave his 
 •country (a fuppofition hardly to be made for 
 argument’s fake) lie was not to be feared, 
 mnlefs the King, Lords, and Commons of 
 
 Great- 
 
Great-Britain were fuppofed to be in com- 
 bination with him. 
 
 To this it was anfwered, that if a large 
 majority of the Legiflature ought to have 
 no fhare in the judiciary power, for the fame 
 reafon not a fingle man, who has a fhare in 
 the judiciary power, fhould be a member of 
 the legiflative body. For if a fingle mem- 
 ber, why not more ? and liberty muft be in 
 danger, according to the maxim advanced, 
 in proportion to the degree of influence 
 which a Angle member of the one body 
 might have in the other : and how great 
 would be the influence of a Judge in the 
 legiflative body ’ As to Chancellors and 
 Judges having feats in Parliament, the infer- 
 ence that it was confiitutional, becaufe it had 
 fometimes been a faCt, was inconclufive. 
 The creating of Peers of the realm and elect- 
 ing Counfellors were diftinCt powers : the 
 one was the aCt of the fovereign, the other 
 the election of the people. A fovereign 
 may exercife his legal prerogative, as he 
 pleafes ; but would it follow, that becaufe the 
 fovereign is pleafed to create a Lord Chief 
 Juftice a Peer of the realm, it is expedient 
 for the people of this Province to make a 
 
BERNARD. 
 
 1 16 
 
 Judge a Counfellor ? or that it is perfe&Iy’ 
 confiftent with liberty ? or that it is agreea- 
 ble to Montefquieu’s fentiments of liberty, 
 after he has exprefsly faid that there could 
 be no liberty, if the power of judging be not 
 feparated from the legiflative power ^ 
 
 That the inftance of the King of Great- 
 Britain’s uniting the executive and legifla- 
 tive powers did not apply. As a legiflator 
 he had only the right of rejecting. Coun- 
 fellors had the right of refolving ; and the 
 great writer, whofe authority was relied 
 upon, exprefsly fays, that if a prince fhould 
 have a fhare in legiflation by the power of 
 refolving, liberty would be at an end. That 
 the three great powers fhould be kept in 
 an even balance ; a fmall weight over in 
 either fcale might indeed be more eaflly re- 
 moved, but whilft it remained, it as effectu- 
 ally deftroyed the balance as the largeft. 
 The whole executive power fhould be kept 
 feparate from the whole legiflative power. 
 If the Commander in Chief fhould be a Coun- 
 fellor at the fame time, the two powers be- 
 ing veiled in the fame perfon, though with 
 relpeCt to the legiflative in part only, una- 
 voidably, in a certain degree, 'there would 
 
 fall 
 
BERNARD. 
 
 li 7 
 
 fall In the fcale of executive power too 
 much weight of influence, and the balance 
 would be difadjufted. Indeed it feemed to 
 be allowed by the friends of the Lieutenant- 
 Governor’s caufe, that this would be an un- 
 conftitutional union ; and therefore they fay 
 that, in fuch a cafe, a Lieutenant-Governor 
 would not a£t as a Counfellor, confidering 
 the Council as a legiflative body. But 
 could the public be allured of this ? Power 
 is enchanting ; and if a Lieutenant-Gov- 
 ernor in the cafe fuppofed Ihould choofe to 
 think it was not an unconftitutional union, 
 and to adf in both capacities, who could 
 hinder him ? 
 
 Ev. Poft. 
 Boft. Gaz. 
 Journals and 
 Records of 
 the General 
 Court. 
 
 The military events of this year although 
 carried on without the continental Colonies 
 are deferving of our notice. The attack 
 Upon the ifland of Martinique by troops 
 drawn from thofe Provinces making it ne- 
 ceflary that they fhould continue their ex- 
 ertions, Maflachufetts raifed 2000 men, in 
 order to aid in fecuring the Britifh domin- 
 ions, and particularly the conquefts in her 
 neighbourhood. Never before were the 
 regiments levied fo eafily, compofed fo well, 
 nor brought into the field fo early as this 
 
 year. 
 
BERNARD. 
 
 year. Soon after the capitulation of Marti- 
 nique, another enemy was found in the 
 Spanifh King, lefs formidable from the 
 ftrength of his arms than from the circum- 
 flance of the difmiffion of Mr. Pitt. The 
 fortune of war began again to be dreaded, 
 left Canada and the American fifhery, which 
 had hitherto been held irredeemable, might 
 by the overruling event of affairs be reftored 
 to the French. The requifite additions to 
 the number of men raifed as the quota of 
 the Province w^ere made, fo as to increafe 
 them to 3220 ; and feven pounds bounty 
 was voted to every man, who fhould enlilt 
 in the regular regiments, to the amount of 
 893. In the month of July an alarming 
 account arrived of the French actually land- 
 ing and taking poffeffion of the Bay of Bulls 
 in Newfoundland ; in confequence of which 
 not only the trade of the Province was 
 threatened with effential injury, but an ex- 
 traordinary tax was about to be laid on its 
 inhabitants, by the arrival of nine fhips 
 from Halifax with 700 French neutrals on 
 board, whom the afpe£t of affairs had made 
 it unfafe to retain in Nova-Scotia. By an 
 examen of thefe people in the beginning of 
 the year 1760, there was found to be 1017 
 
 of 
 
BERNARD. 119 
 
 of them in the Province, of whom only 394 
 were able to labour. For the expenfe of 
 fubfifting them, the Province could procure 
 no allowance from Parliament, and fo had 
 become fubjeft to indefinite taxation in this 
 way at the difcretion of the commanders in 
 Nova-Scotia. The General Court thought 
 themfelves juftified under fuch circumftan- 
 ces to repel this burden, and forbid the land- 
 ing of thefe unhappy exiles. The partial 
 conqueft, which the French made at New- 
 foundland, was foon loft by the recapture of 
 the pofts which they held there ; and all 
 the benefit which they derived from this 
 expedition was the interruption of the 
 Britifh fifhery, and a general alarm through 
 the Colonies. 
 
 During this alarm the merchants of Salem 
 and Marblehead, apprehenfive for the fafety 
 of their {hipping, requefted the Governor to 
 afford them protection, when employed in 
 filhing on the coafts of Nova-Scotia. The 
 meafures taken in confequence of this appli- 
 cation produced a debate between the Gov- 
 ernor and the Houfe of Reprefentatives, 
 which ferves to fhew the degree of jealoufy 
 which they entertained of his prerogative, 
 
 and 
 
120 
 
 BERNARD. 
 
 and perhaps of his difpofition, and in this 
 view, the whole proceedings are deferving 
 of detail. The provincial frigate being at 
 this time on a cruife, the Governor thought 
 it expedient, after obtaining the advice of 
 the Council, to fit out the armed floop, then 
 juft returned from Penobfcot, with fifty men, 
 and to fend her to the gut of Caufo, where 
 fhe cruifed for about a month, and encour- 
 aged the veffels, which were there, to re- 
 main and complete their fares. The ufual 
 number of men for this floop was neceflarily 
 to be augmented, and the General Court 
 not being in feflion, the Governor with ad- 
 vice of Council undertook to do this, as well 
 as to make an eftablifhment for their pay ; 
 and the expenfe of the cruife was drawn 
 for upon the appropriation for armed vef- 
 fels. When the floop returned, he made 
 application to the General Court to provide 
 for the continuance of her compliment of 
 men for a longer time than they were en- 
 gaged for : inftead of which, after obferving 
 that there was not the leaft neceftity for it, 
 they remonftrated againft the making or in- 
 creafing of eftablifhments by the Governor 
 and Council : that it was in effedt taking 
 from the Houfe of Reprefentatives their 
 
 moft 
 
BERNARD. 
 
 I 2 1 
 
 moil darling privilege, the right of origina- 
 ting all taxes, and annihilating one branch 
 of the Legiflature ; and when once given up, 
 (which no neceffity would juftify them in 
 doing) the government would become arbi- 
 trary : that they might not have troubled 
 the Governor about this affair, had it been 
 the firft inftance of the kind, but left it 
 fhould grow into a precedent, they befought 
 his Excellency, as he regarded the peace 
 and welfare of the Province, that no meas- 
 ures of that nature might be taken for the 
 future, let the advice of the Council be what 
 it might. 
 
 The precedents referred to in this anfw"er 
 were the cafes of the funeral of Lieutenant- 
 Governor Phipps, and the fitting out of the 
 fhip of war King George. In the firft in- 
 ftance the heirs of Mr. Phipps, after apply- 
 ing without effedt to the Governor and 
 Council, Solicited the HouSe of Representa- 
 tives to bear the expenSe of his funeral, 
 which they refufed. The Governor and 
 Council then liquidated Some charges which 
 had been thought unreasonable, and ordered 
 the accounts to be paid. Upon this the 
 
 HouSe 
 
 CL 
 
 Vot. ix. 
 
122 
 
 BERNARD. 
 
 Houfe fent a meffage to the Council, that 
 the advifing to fundry warrants, to pay mo- 
 nies for defraying the expenfes of burying 
 this officer, was unanimoufly refolved to be 
 a mifapplication of the public monies, and 
 unwarrantable ; and that the Houfe remon- 
 ftrated againft it as an infraction of the con- 
 flitution. The Council ftated the cafe, and 
 juftified their conduct, not however without 
 relying much on their economy, and the 
 peculiarity of circumftances, as a fum equal 
 to the expenfe of covering the pulpit had 
 been paid immediately, and the reiidue of the 
 charge had lain two years as unreafonable, 
 and was at laft adjufled. In the cafe of the 
 fhip King George, which happened under 
 the adminiftration of the prefent Governor, 
 in the year 1761, intelligence being received 
 that two privateers were cruiiing oft Block 
 Ifland, and had taken feveral veffels bound 
 to and from the Colonies, and the fhip hav- 
 ing no more than thirty men belonging to 
 her, which number there was no piofpect of 
 increafing upon the exifting eftablifhment, 
 the appropriation for the fervice of the fhip 
 being alfo exhaufted, the Council advifed 
 the Governor to imprefs feamen, and to en 7 
 lift volunteers for one cruife upon a bounty 
 
 of 
 
BERNARD. 
 
 I2 3 
 
 of ten dollars each, provided the money 
 could be procured ; and for that purpofe it 
 was further advifed, that a warrant fhould 
 iffue upon the Treafurer for feven hundred 
 dollars, to be paid out of fuch ill ms as fhould 
 be fubfcribed by any merchants, or other 
 perfons, for the above mentioned fervices, 
 upon the credit of a reimburfement to be 
 made by the General Court at their next 
 feflion. 
 
 The remonftrance offered to the Gover- 
 nor was attended with aggravating circum- 
 ftances. It was paffed after a very warm 
 fpeech by a member in the Houfe ; and at 
 firft, contained the following offenfi ve obfer- 
 vation : “ for it would be of little confe- 
 quence to the people, whether they were 
 fubjedff to George or Louis, the King of 
 Great-Britain, or the French King, if both 
 were arbitrary, as both would be, if both 
 could levy taxes without Parliament.” 
 The Governor was fo difpleafed at this paf- 
 fage, that he fent a letter to the Speaker, re- 
 turning the meffage of the Houfe, in which 
 he faid the King’s name, dignity, and caufe 
 were fo improperly treated, that he was 
 obliged to defire the Speaker to recommend 
 
 earneftly 
 
BERNARD. 
 
 earneftly to the Houfe, that it might not be 
 entered upon the minutes in the terms in 
 which it then flood. For if it fhould, he 
 was fatisfied they would again and again 
 wifh that fome parts of it were expunged ; 
 efpecially if it fhould appear, as he doubted 
 not it would, when he entered upon his vin- 
 dication, that there was not the lead grounds 
 for the infinuation, under colour of which 
 that facred and well beloved name was fo 
 difrefpe&fully brought into queftion. 
 
 Upon the reading of this letter, the excep- 
 tionable claufe was ftruck out of the mef- 
 fage ; but enough remained to excite a vin- 
 dication from the Governor, which he fent 
 by the Secretary immediately before pro- 
 roguing the General Court. In this he 
 complained of the imputation thrown upon 
 him, in the charge of taking from the houfe 
 the right of originating taxes, and annihilat- 
 ing one branch of the Legiflature by making 
 or increafing eftablifhments, tending to make 
 the government arbitrary, as neither exifting 
 in his intentions nor deducible from his ac- 
 tions : that contingencies would happen, 
 in which the Governor with advice of Coun- 
 cil was juftified in iffuing monies for fervices 
 
 not 
 
BERNARD- 
 
 
 not exprefsly provided for by the General 
 Court, as where a danger arifes fo immediate 
 and imminent, that there is no time for call- 
 ing the Affembly together ; or where the 
 expenfe of fome neceffary fervice is fo in- 
 confiderable, as to be not worth the while to 
 put the Province to the charge of the Affem- 
 bly’ s meeting for that purpofe, only at an 
 expenfe vaftly greater than the fum in quef- 
 tion : that in the prefent cafe matters were 
 fo managed by drawing off men employed 
 at the Caftle, that out of 50 only 24 were 
 charged to the Province : that the meafure 
 was a legal and conftitutional exercife of the 
 powers veiled in the Governor and Coun- 
 cil ; and that if it were wrong and ill ad- 
 vifed (which was not admitted) it could 
 amount to no more than an improper ap- 
 plication of the public money by thofe, who 
 had lawful authority to apply fuch money 
 to the public purpofes ; and when this dis- 
 tinction was confidered, how could this aCt, 
 right or wrong, be applied to the right of 
 originating taxes, annihilating one branch 
 of the Legiflature and making the govern- 
 ment arbitrary ? 
 
 Although 
 
126 
 
 BERNARD. 
 
 1763. 
 
 Although the prorogation flopped the 
 voice of the Houfe of Reprefentatives, fo as 
 to prevent a reply, yet they found time to 
 appoint a committee to prepare an anfwer 
 to it in the recefs, and to report at the next 
 feffion, when they failed not to refume their 
 remonftrance againft fuch an unlimited dif- 
 cretionary power, as the Governor feemed 
 to claim, being lodged in any hands but the 
 legiflative body of a country who they faid 
 was, in all regular governments, the ulti- 
 mate judge of the good of a people. 
 
 They admitted that a difcretionary power 
 mud of neceffity be left with the Governor 
 and Council ; but they contended that this 
 ought to be limited by the fum appropriated 
 by the General Court for contingencies arif- 
 ing from fudden imminent dangers, and 
 neceflary though inconfiderable fervices. 
 They quoted the proceedings and language 
 of the Houfe of Commons as to a flridt ad- 
 herence to the effential parliamentary forms 
 of granting fupplies only upon eflimates, 
 and appropriating the fame to fervices and 
 occafions, publickly avowed and judged nec- 
 effary. That “ the departing from thefe 
 
 excellent 
 
BERNARD. 127 
 
 % t 
 
 excellent methods will by degrees render 
 Parliament altogether ufelefs, and princes 
 arbitrary, by lodging in the crown, and in 
 the minifters, an abfolute and uncontrollable 
 power of raifing money upon the people, 
 which by the wife conftitution of Great- 
 Britain is and can be only lodged with fafe- 
 ty in the Legiflature.” They declared that 
 as they were far from wifhing the Governor 
 to give up any part of his Majefty’s prerog- 
 ative, fo they thought that the moft rational 
 evidence of their loyalty and attachment to 
 his Majefty was a decent and vigorous ad- 
 herence to thofe principles of civil and re- 
 ligious liberty, which were the bafis of the 
 belt government in the world, or that hu- 
 man nature was capable of. 
 
 The Governor avoided further contro- 
 verfy upon this fubjed with equal delicacy 
 and corrednefs, by obferving to the Houfe 
 that he fhould have been glad to have fig- 
 nified his approbation of the general fenti- 
 ments prevailing in their meffage ; to have 
 affured them that there was no danger of 
 their differing in fundamental principles of 
 loyalty and civil liberty ; to have teftified 
 his fenfe of the profeffions of perfonal re- 
 gard 
 
gard which they exprefied for him ; but that 
 he was deprived of that pleafure by perceiv- 
 ing by their votes, that the meflage was pre- 
 pared by an order made and a committee 
 appointed at the laft feflion : that upon a 
 prorogation all bufinefs that had a regard to 
 the mutual relation of the three branches, 
 was at an end, and if it were to be renew- 
 ed, it muft originate de novo : that this was 
 the chief diftin&ion between a prorogation 
 and an adjournment, and was by no means 
 indifferent, and he therefore defired that this 
 might not be a precedent for transferring a 
 bufinefs from one feflion to another by way 
 of continuation. 
 
BERNARD. 
 
 129 
 
 CHAR VI. 
 
 Peace in 1763 — Enmity of parties — -Ecclef* 
 ajlical difpute~—Plan for taxing the Colo - 
 nies — Acts of trade enforced — Proceedings 
 of the Houfe of Reprefentatives thereupon — 
 Indian war — InftruEtions to the agent 
 againf taxing the Colonies and enforcing 
 the alls of trade — Harvard-Hall burnt . 
 
 A MORE pleafmg communication very 
 foon followed, in announcing authentic ad- 
 vice, that the preliminaries of peace between 
 Great-Britain, and France and Spain, had 
 been figned. This event both Houfes ac- 
 knowledged with humble gratitude for the 
 protection afforded them by their gracious 
 fovereign during the war, for the frequent 
 grants made by Parliament for their relief, 
 and for the affurances of compenfation for 
 the expenfes of the laft year, without which 
 protection they would have been a prey to 
 the power of France, and without which 
 affiftance, the burden arifing from their un- 
 precedented expenfes would have been in- 
 fupportable. On this occafion they return- 
 ed 
 
 Vol. 11. R 
 
 1763- 
 
 Jan Ik 
 Feb. 7. 
 
130 
 
 BERNARD. 
 
 ed their thanks to the Governor alfo ; and 
 expreffed their wifhes that he might long be 
 continued at the head of the government, 
 promoting that interior peace upon which 
 their profperity fo much depended. 
 
 The communication of the final ratifica- 
 tion of the peace, to the new Aflembly of 
 the prefent year, drew from them an addrefs 
 not lefs replete with gratitude to the King 
 for the great advantages obtained by it, and 
 with refpe£t for the Governor. They 
 declared themfelves fenfible of his fervices 
 during the war ; but as the peaceful and fet- 
 tled ftate of the country would give him 
 more opportunities of ferving it than were 
 then to be expected, they doubted not but 
 he w^ould improve them for the belt pur- 
 pofes. They hoped that he would ftill have 
 the honour of being diftinguifhed in En- 
 gland for his attachment to their intereft, 
 which was infeparably connected with the 
 intereft of the mother country; and have fur- 
 ther public teftimonies from a moft grateful 
 people. They declared that the unanimity 
 which the Governor recommended was 
 never greater in the Province than at this 
 time. They doubted not, that as they had 
 
 been 
 
BERNARD. 
 
 been delivered from foreign war, they fhould 
 be equally free from intefline divifions ; and 
 that now peace was diffufed through the 
 vaft circle of the Britifh dominions, it would 
 continue and prevail in an efpecial manner 
 in the counfels of this Province, under his 
 wife and impartial adminiftration. 
 
 The two Houfes alfo agreed upon an ad- 
 drefs to the King. In this they returned 
 their thanks to his Majefty for procuring by 
 the treaty of peace conceflions equal to their 
 greateft hopes, and expreffed their obliga- 
 tions to contribute to the happinefs of his 
 Majefty ’s reign, as far as the remotenefs of 
 their fituation and the limits of their fphere 
 would admit ; and promifed a conftant en- 
 deavour to evidence their gratitude by every 
 expreflion of duty and loyalty in their 
 power. 
 
 Whatever wiihes might have been enter- 
 tained by the General Court for the interior 
 peace of the Province, and however its pe- 
 cuniary interefts as it refpe£ted the reim- 
 burfement money and other juft caufes 
 might have preferved a tranquillity in the 
 Legillature unlike the warmth which pre- 
 vailed 
 
 * 
 
BERNARD. 
 
 vailed without doors, the caufes of difcord 
 were too eflfe&ually eftablifhed to admit of 
 a union of parties. National diftruft had 
 taken deep root from long Handing, and 
 perfonal animofity had entwined itfelf with 
 the public caufe. The prefervation of lib- 
 erty on one fide, and the fupport of good 
 government on the other, were connected 
 with the downfall of individuals in the op- 
 pofite divifions. A people, profefling a 
 jealoufy of their liberties, and conftantly 
 feeking for a knowledge of their rights, nat- 
 urally interefted themfelves in whatever re- 
 lated to the character and conduct of polit- 
 ical difputants. Hence private concerns fell 
 under the cognizance of public opinion, and 
 perfonal charges were brought forward at 
 the bar of the prefs. The friends of the 
 Lieutenant-Governor’s caufe charged Mr. 
 Otis with raifing his patriotifm from the 
 difappointment of his father, who failed in 
 his application for the place of a Judge of 
 the Superiour Court, and with attempting 
 to execute his threat to let the Province in 
 a flame, in cafe he fhould not obtain it. 
 Mr. Otis in return difavowed all fuch mo- 
 tives and threats, and charged Mr. Hutch- 
 infon with duplicity and intrigue in obtain- 
 ing 
 
BERNARD. t 
 
 ing the place of Chief Juftice, to the exclu- 
 fion of the elder Mr. Otis’s application. 
 
 Other perfons alfo were drawn foward by 
 name in the newfpapers, and the ferment 
 was kept up by a mixture of various fub- 
 jedts of controverfy. 
 
 Amongft thefe was a difpute between the 
 Epifcopalians and Diflenters, which may be 
 confidered as falling more peculiarly within 
 the eccleliaftical hiftory of the country, but 
 which from its intimate connexion with 
 politics, and from its dividing the inhabi- 
 tants into the fame parties, as well as from 
 the general intereft which it created in their 
 feelings, may not be thought an improper 
 fubjedt to be mentioned in this work. The 
 general oppofition of thofe feds of chriftians 
 from the planting of the Colony is com- 
 monly known. In the year 1701 the Soci- 
 ety for propagating the gofpel in foreign 
 parts was incorporated in England ; and 
 being eftablifhed by Epifcopalians, was nat- 
 urally looked to by them for the fpreading 
 and fupporting of their church. This So- 
 ciety had fent and was maintaining about 
 thirty miflionaries in New- England ; and a 
 jealoufy prevailed amongft the Diflenters 
 
 that 
 
*34 
 
 BERNARD. 
 
 2 f . « *» » . 4 . 
 
 that the congregations, which were aided by 
 thefe millions, were defigned to introduce 
 an Epifcopal fovereign, to whom their 
 own churches might at length be made fub- 
 fervient. The incident, which awakened 
 the controverfy on this fubjedt, at a moment 
 when the fpirit of party attached itfelf to 
 every thing which could be moulded to its 
 purpofes, was the death of Doftor E. Miller, 
 one of the Society’s miffionaries over an 
 Epifcopal church in Braintree. The man- 
 ner, in which this was related in the Gaz- 
 ette, was confidered as difrefpedtful from 
 the farcafm that was thrown upon his con- 
 gregation, as though they came within the 
 defcription of perfons amongft whom it was 
 the proper object of the Society to propa- 
 gate the gofpel, and who, in the writer’s 
 view, were the negroes and Indians of the 
 country. 
 
 The paragraph was pointedly refented by 
 the Rev. Eaft Apthorp, another miflionary 
 of the Society at Cambridge, where a church 
 had been lately eredted. He feized this oc- 
 cafion to undertake the defence of the Soci- 
 ety’s conduct, as confiftent with the powers 
 veiled in it by its charter, and once for all 
 
 to 
 
BERNARD. 
 
 *35 
 
 to fettle the queftion, whether it had mifap- 
 plied a fund originally limited to the con- 
 verfion of the Heathen. In this defence 
 the writer laboured to prove, that it was a 
 diredt and immediate object of the Society 
 to propagate the gofpel in the Britifli Colo- 
 nies and plantations. But Mr. Apthorp’s 
 considerations, inftead of fettling the quef- 
 tion once for all, drew from the pen of 
 Dodtor Jonathan May hew obfervations on 
 the charter and condudt of the Society, with 
 remarks on Mr. Apthorp’s confiderations, 
 and various incidental refledtions relative to 
 the church of England, and the ftate of re- 
 ligion in North-America. The acumen and 
 celebrity of this performance placed the au- 
 thor of it firft on the lift of polemics in this 
 country, and gave him a high reputation in 
 Europe. After feveral ftridlures upon it in 
 New-England, two of which were particu- 
 larly replied to, an anfwer to Dodtor May- 
 hew’s obfervations appeared in London, 
 and was attributed to the Archbifhop of 
 Canterbury himfelf. If this writer conceded 
 too much in his argument, to fave the vic- 
 tory as a difputant, he loft nothing of the 
 dignity and candour which became him as 
 an arbiter in this controverfy, and which 
 
 was 
 
i 3 6 BERNARD. 
 
 was due to his high ftation in a chriftian 
 church. This brought forward a fecond 
 defence with zeal little diminifhed on the 
 part of Doctor Mayhew, and with enlarged 
 obfervations on the fettlement of Bifhops in 
 North-America : and a review of this de- 
 fence by Mr. Apthorp feems to have clofed 
 the difpute of thefe writers. The connex- 
 ion between this conteft and politics con- 
 fifted chiefly in the impreflion made on the 
 public mind, that the eftablifhment of Bifh- 
 ops would be attended with the exercife of 
 temporal powers fimilar to thofe which they 
 poflfefled in England ; and that the folici- 
 tude of the Society to plant miffionaries, 
 where the benefits of the gofpel were ad- 
 miniftered, though not according to the rit- 
 ual of the church of England, had been the 
 means of neglefting the Indians on the bor- 
 ders, and fo lofing an influence over them, 
 which might have prevented the cruelties of 
 war. 
 
 Whatever advantages eventually accrued 
 to civil or religious liberty from this contro- 
 verfy, its immediate effe&s were little calcu- 
 lated to advance the mild fpirit of the gofpel. 
 The heat with which it was carried on re- 
 generated 
 
BERNARD. 
 
 *37 
 
 generated the ancient enmities, by calling 
 up to view the former conflids of the liti- 
 gating parties. The persecution of the Dif- 
 fenters by the church of England before 
 the fettlement of America took place ; their 
 intolerance to Epifcopalians and other feds 
 afterwards ; their cruelty to the Quakers ; 
 the relative ftate of morals among the exift- 
 ing members of the different communions, 
 and even the condud of individual charac- 
 ters, were forced up in the accufation and 
 defence of the Society for propagating the 
 gofpel, and all this with a guife of ufing 
 fharp expreffions and perfonal invedive un- 
 der proteftations of candour and good will, 
 which gave too great a complexion of cant 
 and infincerity to the debates of the times 
 in general. Thefe writings therefore may 
 be confidered as increafing the divifions, 
 which were rifing in Maffachufetts as in a 
 point, whence with diverging influence they 
 were about to fpread over the American and 
 European world. 
 
 The fpirit difplayed in the Province of 
 Maffachufetts Bay was truly hoftile to any 
 alterations in its government. There was 
 
 no 
 
 Vol. II. S 
 
138 BERNARD. 
 
 no torpor to invite encroachments upon civil 
 rights by Health ; and the divilions were too 
 unequal in point of numbers to afford hope 
 for the operation of force. The only chan- 
 nel, through which the Colonifts could be 
 approached by the government in England 
 therefore, was in thofe external regulations 
 of trade, which they had conceded to be 
 under its control. No time was loft in 
 beginning on this ground, and converting 
 thofe regulations into fources of taxation. 
 Before the peace had extended to the In- 
 dians, the firft lord of trade with a view of 
 raifing a revenue from foreign molaffes im- 
 ported into Britifh Colonies, moved for a 
 reduction of the duty, which flood fo high 
 as to amount to a prohibition, or would 
 have operated fo, had not the aft been 
 wholly neglected, and the trade connived at. 
 This motion was fuftained and produced a 
 ‘ bill for the purpofe, which was referred by 
 the Houfe of Commons to the next fefiions. 
 A plan was likewife framed by Mr. Gren- 
 ville, for laying a direct internal tax on the 
 Colonies by a ftamp act This alfo was 
 poftponed. In the mean time the lords of 
 the Admiralty iffued their inftruftions to the 
 commanders of the navy in America, to en- 
 force 
 
BERNARD, 
 
 *39 
 
 force the feveral adts of trade, that is, the 
 navigation adt and others, by which it was 
 provided, that no goods fhould be imported 
 into or exported from any of his Majefty’s 
 plantations, except in veiTels built in and 
 belonging to the people of England, or Ire- 
 land, or fuch plantations ; and whereof the 
 mafter and three quarters of the crew, at 
 leaft, fhould be Englifh : that no produdt or 
 manufadture of Europe, excepting wines 
 from Madeira and the Azores, fervants, 
 horfes, and vidhials from Scotland, and 
 victuals from Ireland, fhould be imported 
 into fuch plantations, without being laden 
 and fhipped in England : that all veffels in 
 the plantations fhould be fubjedi to the fame 
 fearches, and ail Cuftom-Houfe officers there 
 fhould have the fame powers, as in England : 
 that the Treafurer and Commiffioners in En- 
 gland fhould appoint officers in the planta- 
 tions, and that fliips trading there fhould 
 be regiftered, &c. By one of thefe laws it 
 was declared, that all laws made by any of 
 the Colonies inconfiftent with any adt of 
 Parliament fhould be void. This, as it re- 
 fpedted Maffachufetts, was either fuperflu- 
 •ous, or fhew r ed a diftruft of the power of 
 the King in Council, by whom the laws 
 
 paffed 
 
BERNARD; 
 
 paffed in this Province were fubje£t to be 
 difapproved within three years. Deputa- 
 tions alfo were fent to feize prohibited 
 goods. But the ftrongeft apprehenfions 
 arofe from the publication of the orders for 
 the ftri£t execution of the molaffes aft, 
 which is faid to have caufed a greater alarm 
 in the country than the taking of Fort 
 William Henry did in the year 1757. 
 
 Although oppofition was not fo fettled and 
 arranged, as to enable it to be active againft 
 thefe threatening proceedings ; yet they did 
 not pafs unnoticed by the Houfe of Repre- 
 fentatives, who drew up inftru&ions to their 
 agent, to ufe his endeavours to obtain a re- 
 peal of the fugar a £t, and to exert himfelf to 
 prevent a ftamp a£t, or any impofitions or 
 taxes upon this or the other American Col- 
 onies ; in addition to which they alfo made a 
 ftatement of the rights of the Britifh Colo- 
 nies in general, and of Maflachufetts in par- 
 ticular. Thefe however, being referred to 
 a committee on the agent’s letters, appear to 
 have been checked, at this time, by them. 
 But the Houfe proceeded to choofe a com- 
 mittee, to write to the other governments, 
 in the recefs of the General Court, to ac- 
 quaint 
 
BERNARD. 
 
 quaint them with the inftrudtions, and to 
 defire the feveral Affemblies to join them in 
 the fame meafures. At the clofe of the fei- 
 fion the Governor prorogued the Court, 
 with expreffions of applaufe for their una- 
 nimity. 
 
 The embarraffments of the General Af- 
 fembly in a financial view were leffened by 
 the receipt of the reimburfement money 
 granted by Parliament for the year 1761. 
 But they were greatly increafed by the ir- 
 ruption of a general Indian war, which 
 might have again made the aid of the 
 mother country of much importance. Al- 
 though this evil fell more immediately on 
 the frontiers of the fouthern Colonies ; yet 
 it was made a common caufe in the view 
 of the King. And General Gage, who had 
 become Commander in Chief by the depar- 
 ture of General Amherft, propofed to col- 
 ie di a refpe£table force at Niagara in the 
 fpring, to carry the war into the country of 
 the Indians upon the lakes, whilft a force 
 from thofe Colonies fhould execute a fimi- 
 lar plan upon the River Ohio. For this 
 purpofe he required 700 men of Maffachu- 
 fetts : and the Governor demanded 200 in 
 
 addition 
 
 141 
 
 41,774/. 16,-. 
 
142 
 
 BERNARD. 
 
 addition to thefe, to enable him to ‘protect 
 the eaftern country. The Houfe of Rep- 
 refentatives availed themfelves of the cir- 
 cumftance of terms of peace being propofed 
 by fome of the principal tribes, which were 
 accepted by the commanding officer at 
 Detroit, to wave the further confideration 
 of General Gage’s requifition. But inftruc- 
 tions arriving from the Secretary of State, 
 enforcing the meafures recommended by the 
 Commander in Chief, the Governor urged 
 them again upon the General Court, when 
 the Houfe again declined, for reafons given 
 at large, to affume this burden upon the 
 Province at the prefent time. Thefe rea- 
 fons he engaged to lay before the Secretary 
 of State, not without expreffing his appre- 
 henfions, that by their refufal, they would 
 counteract other purpofes, which they had 
 been profecuting in the courfe of the feffion, 
 of infinitely greater confequence than the 
 expenfe of the men required. 
 
 About this time there was a paufe in the 
 oppofition to the meafures of the crown and 
 Parliament, which might have given fome 
 appearance of the conciliation of parties, but 
 which was more probably owing to the un- 
 certainty 
 
BERNARD. 143 
 
 certainty of the eventual plan of the minif- 
 try, and the proper ground to be chofen for 
 counteracting it. The fupprefling of the 
 propofed inftrudtions to the agent by a 
 committee of the Houfe of Reprefentatives, 
 indicated that this balance of power there 
 was unfettled. Several circumftances {hew- 
 ed a lefs inflexible fpirit than had exifted 
 among the leaders. The Governor appoint- 
 ed the elder Mr. Otis a Juftice of the Court 
 of Common Pleas and Judge of Probate for 
 'the County of Barnftable. The younger 
 wrote a pamphlet on the rights of the Brit- 
 ifh Colonies, in which he acknowledged the 
 fovereignty of Parliament, as well as the ob- 
 ligations of the Colonies to fubmit to fuch 
 burdens as it might lay upon them, until it 
 fhould be pleafed to relieve them, and put 
 the queftion of taxing America on the foot- 
 ing of the common good. Lieutenant-Gov- 
 ernor Hutchinfon, after being fo hardly pur- 
 fued as to his eligibility as a Counfellor, al- 
 moft regained his popularity with the Houfe 
 of Reprefentatives in the prefent exigency of 
 public affairs, which made it expedient to 
 choofe an additional agent to be fent imme- 
 diately from this country to England. The 
 General Court were induced to adopt this 
 
 meafure 
 
i 4 4 
 
 BERNARD. 
 
 Hutch. M. S. 
 better*. 
 
 meafure from feveral caufes. The fpirit 
 which was fhewn towards America by men 
 in power caft a deadly influence upon her 
 liberty. It was beginning to a£t through 
 the channel of commerce. The merchants 
 of Bofton and the other fea ports in the 
 Province, anxious to repel this impending 
 evil, prefented a petition that meafures 
 might be taken to preferve the trade from 
 the pernicious effe&s of the fugar a£i and 
 other regulations connected with it. The 
 reafons given in this petition, as well per- 
 haps as the ftrange acquiefcence of Mr. 
 Mauduit in the views of the miniftry, and 
 his feeble manner of foliciting for the reim- 
 burfement of the expenfe of maintaining 
 the French neutrals, brought the General 
 Court to the refolution of choofmg an agent, 
 to a£t jointly with him in England. No 
 man in the Province was generally conlid- 
 ered more fuitable for this appointment than 
 Mr. Hutchinfon ; and he was in fuch favour 
 with the members, as to receive all the votes 
 but eight in both Houfes. An embarralf- 
 ment arofe, however, which entirely fruf- 
 trated his entering upon a charge, which, if 
 undertaken, would, probably, have accele- 
 rated his private fortunes, and perhaps 
 
 changed 
 
BERNARD. 
 
 H 5 
 
 changed the future political circumftances 
 of the country. The office of Lieutenant- 
 Governor afforded him neither profit nor 
 employment ; yet it was confidered by the 
 Governor as an appointment of fuch a na- 
 ture, as made it improper for him to be ab- 
 fent from the Province without permiffion. 
 In this opinion he acquiefced, and returned 
 an anfwer to the Affembly, that fome diffi- 
 culties rendered it impracticable for him to 
 proceed to England immediately, but that 
 thefe would probably be removed in a few 
 months ; and fo left it with them either 
 wholly to excufe him or to fuffer him to 
 engage in the bufmefs, when he might be 
 at liberty to undertake it. The importance 
 of the objeCts in queftion now afforded an 
 opportunity to Mr. Hutchinfon’s enemies 
 to oppofe him with fuccefs, as delay might 
 operate, in fuch a cafe, to the great injury 
 of the country. Eventually the Houfe vo- 
 ted by a majority of nine to excufe him in 
 confequence of his letter ; but the Council 
 being divided, this vote was confidered as 
 being non-concurred ; thus the bufmefs was 
 left unfettled to his great mortification, as 
 he had expeCted an indulgence in this in- 
 
 ftance, 
 
 Vol. 11. 
 
 T 
 
146 B E R N A R I>. 
 
 fiance, and complained to his friends that 
 the queftion was taken when he was ab- 
 ient from the Court, and many leading 
 members of the fame fentiments had accom- 
 panied him. He ftill entertained an expec- 
 tion that the vote might be renewed by the 
 fucceeding Affembly ; and he thought him- 
 felf entitled to it by thirty years fervice, 
 particularly by projeding and fubftituting 
 fpecie for a paper currency under fuch 
 great difficulties as he had oppofed ; and 
 with this impreffion he wrote to Lord Hali- 
 fax for leave to abfent himfelf from the 
 Province, in cafe of his being again called to 
 the agency. But he had paffed the fummit 
 of his popularity, and was now about to de- 
 lcend into the vale of public cenfure, cheer- 
 ed only by the light of his own mind, and 
 the temporary iunffiine of royal favour* 
 
 Although Mr. Hutchinfon was not finally 
 appointed to the agency in England, yet 
 the General Court appear to have availed 
 themfelves of his fervices, in draughting in- 
 firudions to Mr. Mauduit agalnft the fev- 
 eral acfs of Parliament, fo detrimental to the 
 trade and fiffiery of the Province. Upon 
 the iubjed of the fugar ad the arguments 
 
 were 
 
BERNARD. 
 
 *47 
 
 were of the fame nature with thofe, which 
 have been already ftated. The bufinefs of 
 the fifhery, which, it was alleged, would be 
 broken up by the a£t, was at this time efti- 
 mated in Maffachufetts at £164,000 fterling 
 per annum ; the veflels employed in it, 
 which would be nearly ufelefs, at jT 1 00,000 ; 
 the provifions ufed in it, the cafks for pack- 
 ing fifh, and other articles, at jC 22,700 and 
 upwards : to all w T hich there was to be added 
 the lofs of the advantage of fending lumber, 
 horfes, provifions, and other commodities 
 to the foreign plantations as cargoes, the 
 veffels employed to carry fifh to Spain and 
 Portugal, the difmifling of 5000 feamen 
 from their employment, the effe&s of the 
 annihilation of the fifhery upon the trade of 
 the Province and of the mother country in 
 general, and its accumulative evils by in- 
 crealing the rival fifheries of France. This 
 was forcibly urged as it refpe£ted the means 
 of remittances to England for goods import- 
 ed into the Province, which had been made 
 in fpecie to the amount of ^150,000 fter- 
 ling, befide ^90,000 in the Treafurer’s bills 
 for the reimburfement money, within the 
 laft eighteen months. The fources for ob- 
 taining this money were through foreign 
 
 countries 
 
BERNARD. 
 
 148 
 
 countries by the means of the fifhery, and 
 would be cut oft with the trade to their 
 plantations. As to the unconftitutionality 
 of this law on the principles of taxation it 
 was obferved ; that the inhabitants of this 
 Province were empowered by their charter, 
 and his Majefty’s other Colonies were em- 
 powered by the commiffions under which 
 they were governed, to raife monies for the 
 fupport of their refpe&ive governments. If 
 duties and taxes were to be laid upon them 
 in any one inftance, what aflurance had they 
 that thefe would not be fo multiplied, as to 
 render this privilege of no importance to 
 them. They had at all times done every 
 thing that could be expe&ed from them in 
 fupport of his Majefty’s government, and 
 in time of war they had gone beyond this, 
 and had therefore been relieved by favour 
 of Parliament : that they were ftill difpofed 
 to do every thing in their power, and hoped 
 that it would be thought as r^hfonable that 
 the Affemblies of the Colonies fhould deter- 
 mine what monies fhould be raifed upon 
 the inhabitants here, as that the Parliament 
 of Ireland fhould determine the monies to 
 be raifed upon the inhabitants there : that 
 
 L 
 
 the growth of the Colonies depended upon 
 
 the 
 
BERNARD. 
 
 149 
 
 the enjoyment of their liberties and privi- 
 leges ; and as they increafed fo their trade 
 with Great-Britain would increafe, which 
 was a confideration of far greater impor- 
 tance to the nation, than the profits that 
 could arife from any duties or taxes with 
 which they might be burdened. The agent 
 was directed to endeavour to procure the 
 agents of the other Colonies, to join with 
 him in this common concern, and to feleCt 
 fuch characters to conduct it in Parliament, 
 as would be moft capable of effecting it in 
 a way expreffive of their firm allegiance to 
 the belt of kings, of their grateful fenfe of 
 the numerous favours conferred on them by 
 Parliament, and of their humble hopes of a 
 continuance of its favour : that they could 
 not but hope, if the bufinefs fhould be prop- 
 erly conducted, that no taxes nor duties 
 would be laid upon the Colonies, whilft 
 they remained unreprefented in Parliament, 
 whofe difpleafure could not be incurred by 
 the principles which they aCted upon, thefe 
 being the fame which actuated their own 
 minds, the principles of liberty and of the 
 conftitution. 
 
 The 
 
* 5 ° 
 
 BERNARD. 
 
 The inftrudtions were alfo extended to 
 the adt of 15th of Charles II. and ftated the 
 hardfhips and injury of carrying certain 
 commodities, the growth of Europe, to En- 
 gland, before they could be imported into 
 the Britifh Colonies ; that the expenfe of 
 carrying fome articles received for fifti in 
 Spain and Portugal to London, to enter 
 them in the Cuftom-Houfe there, would be 
 fo great as to exceed the amount of the coft, 
 and many times the value of the duty alfo ; 
 and fruit fo neceflary for the health and 
 comfort of the inhabitants would be loft 
 from the length of the voyage : nor could 
 the adt be fuppofed to intend a prohibition, 
 as the bringing of thofe articles diredtly to 
 the Colonies was no prejudice to Great- 
 Britain. Wine was admitted, by the adt, 
 from Madeira and the weftern iflands. As 
 this had increafed in value fo much, from 
 the great ufe of it in England, as to put it 
 out of ufe in the Colonies, and by their 
 growth their own demands for the wines of 
 the weftern iflands had enhanced the price 
 of them fourfold within thirty years,' befide 
 a heavy excife, ncceflarily laid upon them, 
 it was but reafonable that they fhould be 
 allowed to import the articles enumerated 
 
 diredtly 
 
BERNARD. 
 
 l S l 
 
 diredly from Spain, Portugal, and the 
 Mediterranean, the places of their growth. 
 The. agent was therefore indruded to apply 
 to Parliament for this liberty ; and the rath- 
 er, as by the drid execution of the orders 
 lately iflued from the board of trade to -the 
 naval commanders, indulgence would no 
 longer be given, and feizures had taken 
 place, and would probably be continued to 
 the ruin of the merchants. 
 
 The public bufinefs was interrupted this 
 year by the fpreading of the fmall pox in 
 the capital, which obliged the General Court 
 to adjourn to Cambridge, and thence they 
 were compelled to proceed to Concord, by 
 the accidental burning of Harvard-Hall in 
 which they held their fittings. This event, 
 the effeds of which upon the repofitories of 
 fcience are not now to be difcerned by any 
 unfavourable marks, was at fird exceedingly 
 alarming to the caufe of literature. The 
 library confiding of near five thoufand vol- 
 umes was dedroyed, excepting a few books ; 
 and the apparatus faid to be the bed furnidi- 
 cd in America was likewife ruined. Al- 
 though government had very lately ereded 
 
 Hollis- 
 

 BERNARD. 
 
 Hollis-Hall at a great expenfe, yet the mem- 
 bers of the General Court unanimoufly vo- 
 ted to rebuild the principal edifice of the 
 College, which had been demoliflied by an 
 accident refulting from the means of their 
 accommodation. A faithful execution of 
 this vote, with the liberal donation of indi- 
 viduals and the application of the friends of 
 the univerfity having fupplied an elegant 
 building and more than 13,000 volumes, 
 leaves us nothing perhaps now to lament 
 from this cataftrophe. 
 
BERNARD. 
 
 l S3 
 
 CHAP. VII. 
 
 Aft for raifing a revenue in the Colonies paffed 
 — Opinions and arguments of the oppofite 
 parties on the fubjeCt — Objections of the 
 Houfe of Reprefentatives contained in their 
 inf ructions to their Agent — Committee cho - 
 fen to write to the AJfemblies of the other 
 Colonies — Meafures reforted to by the peo- 
 ple : ajfociation for the non-confumption of 
 Britifj , and encouragement of their own , 
 manufactures — Governor repeatedly pro- 
 rogues the General Court — Clamours againf 
 him — Petition of the General Court to the 
 Houfe of Commons . 
 
 Although the Britiih miniftry po ft- 
 
 poned the plan for raifing a revenue from 
 the trade and laying other duties in Ameri- 
 ca ; yet it was done with relu&ance, and in- 
 dicated no defign of finally abandoning thefe 
 meafures ; as Mr. Grenville declared his re- 
 folution to convince the Colonies, that they 
 were as fubjedt to an inland tax, as to any 
 other impofed by the Legiflature of Great- 
 Britain. Accordingly in the fpring of this 
 
 year, 
 
 Vol. II. U 
 
 1764. 
 
 J. Hiilhe** 
 Letter. 
 
154 
 
 BERNARD. 
 
 J. Mauduit’s 
 M.S. Letter. 
 
 year, he began to execute his fcheme in Par- 
 liament. This was not a difficult talk, when 
 he had once determined to pafs by thofe 
 great constitutional principles, which En- 
 glishmen had never renounced, and which 
 their defendants in America had ftill ftrong- 
 er motives to maintain at the hazard of their 
 property and lives. Thefe principles afide, 
 he could not fail of fucceeding in demon- 
 strating to the Houfe of Commons fadts, of 
 which their burdens were the evidence, and 
 inferring the fitnefs of drawing in to their 
 aid thofe, who were reprefented as overflow- 
 ing with plenty, unembarraffed with taxes, 
 and diflinguifhed by unequalled eafe and 
 happinefs. He foon convinced them of the 
 impoverished ftate of their finances : that 
 belide all the former load of debt, the laft 
 war had created Seventy three millions, fixty 
 three millions of which were the work of 
 
 •AW 
 
 the four laft years of it ; and in addition to 
 all this, the Germans claimed feven millions 
 of -arrears : that the ftate of the national in- 
 come made it indifpenfably neceflary that 
 every part of the government ffiouid con- 
 tribute to the utmoft to lighten the public 
 burden ; and that ^he whole charge of the 
 American governments being three hun- 
 dred 
 
BERNARD. 
 
 dred and fifty thoufand pounds, it was high- 
 ly reafonable that they fhould fubmit to the 
 taxes he was about to impofe upon them. 
 
 The Houfe therefore came to feveral refolu- 
 tions of the following tenor. That duties 
 be laid on various enumerated foreign arti- 
 cles imported from any place (excepting in 
 fome cafes from Great- Britain) into the 
 Britifh Colonies and Plantations in Ameri- 
 ca ; and a duty upon other articles, the pro- 
 duce of the Colonies, exported to any other 
 place than Great-Britain : that a duty of 3^. 
 fterling per gallon be laid on molaffes and 
 fyrups and an additional duty upon white 
 fugars of the growth of any foreign Amer- 
 ican plantation, imported into the Britifh 
 Colonies : that the produce of the duties fo 
 to be laid be paid into the Exchequer, and 
 thefe referved to be from time to time difpof- 
 ed of by Parliament towards defraying the 
 neceffary expenfes of defending, prote&ing, 
 and fecuring the Britifh Colonies and Planta- / 
 
 tions in America : and that towards further 
 defraying the faid expenfes it might be proper 
 to charge certain ftamp duties in the Colo- 
 nies. A bill was accordingly brought in and 
 enacted for impofing the duties as refolved 
 upon, except as to ftamps, which was poft- 
 
 * poned 
 
BERNARD. 
 
 poned to the next year, “ in complaifance 
 to the Colonies, to give them an opportuni- 
 ty to pafs it themfelves, or fome other 
 equivalent ; Mr. Grenville being willing, as 
 he expreffed himfelf, to confult the eafe, the 
 quiet, and good will of the Colonies,” or 
 rather being defirous to make his experiment 
 j. Mauduit’s of taxing trade before he ventured upon inter- 
 M b ‘ L ^ ur ' nal taxation. In this triumphant career of the 
 minifter, the voice of America was filenced, 
 by a rule of the Houfe of Commons not to 
 receive any petition againft a money bill. 
 This rule muft have been founded on the 
 principle of the people, who were to pay 
 the tax, being prefent by their delegates in 
 Parliament, and evidently proved the abfurd- 
 ity of the cafe before them, wherein they 
 were the only party neither actually nor vir- 
 tually reprefented. As this a£t for raifing 
 a revenue in America was the great miftake, 
 by which the Colonies were loft to Great- 
 Britain, it will be worth the refearch to af- 
 certain the caufes from which it arofe. 
 Thefe were without doubt derived principal- 
 ly from the preflure of the national debt at 
 the conclufion of the war, and an ignorance 
 of the moft effectual mode of drawing the 
 aid of the Plantations to the relief of the 
 
 mother 
 
BERNARD. 
 
 mother country, or an impatience inconfift- 
 ent with the purfuit of it ; but the interefts 
 and paffions of particular clafles of men and 
 of individuals were exceedingly operative in 
 this great event, as will appear from a view 
 of the principles and conduct of the aCting 
 parties. The advocates for taxing America 
 may be confidered in two divifions, one in 
 that country, and the other in England. 
 Both agreed to eftablifh the right of Parlia- 
 ment to levy taxes ; but their views as to 
 the mode of raifing and finally appropriat- 
 ing them were different. The minifter was 
 defirous of receiving them through the Ex- 
 chequer ; the royal party in America was 
 for collecting and expending them here. 
 Some however were for dividing the fpoil, 
 by leaving the external taxes to the minifter, 
 and keeping the internal at home. Among 
 the friends of this latter plan Governor 
 Bernard muft be placed. He had been ob- 
 ferving the nature of the feveral govern- 
 ments in the Colonies fince his refidence in 
 them, and this year he collected his opin- 
 ions into form under the name of principles 
 of law and polity. In thefe he afierted, that 
 the rule of a Britifh fubject not being bound 
 by laws, or being liable to taxes, except 
 
 what 
 
i j8 BERNARD. 
 
 what he had confented to by his repre* 
 fentatives, muft be confined to the inhabi- 
 tants of Great-Britain only, and was not 
 ftriCtly true even there : that the Parliament 
 of Great-Britain, as well from its rights of 
 fovereignty, as from occafional exigencies, 
 had a right to make laws for and impofe 
 taxes upon its fubjeCts in its external domin- 
 ions, although they were not reprefented in 
 fuch Parliament : that a reprefentation of 
 the American Colonies in the imperial le- 
 giflature was not impracticable, and was to 
 be determined by expediency only, but was 
 not neceflary to eftablifh the authority of 
 Parliament over them : that taxes fo im- 
 pofed ought to be applied to the ufe of the 
 people from whom they were raifed : that 
 Parliament had a right to provide for the 
 defence, and to take care that provifion be 
 made for a fufficient fupport of the Ameri- 
 can government : that the port duties being 
 molt properly applicable to the defence of 
 the Colonies, the fupport of the governments 
 fhould be provided for by internal duties : 
 that it would be advifable to leave to the 
 provincial legiflatures the raifing of the in- 
 ternal taxes ; for if the fums required were 
 fixed, there would be no inconvenience in 
 
 letting 
 
BERNARD. 159 
 
 letting them determine the manner in which 
 they fhould be raifed : that the eftablifh- 
 ment of an independent civil lift was expe- 
 dient : that the charters could not be in- 
 tended for perpetuity, becaufe they were in 
 many things unconftitutional and contrary 
 to the very nature of a Britiih government : 
 that America was capable of a nobility for 
 life ; . and that the people at this time ex- 
 pected a revifal and reformation of the 
 American governments, and were better dif- 
 pofed to fubmit to it, than ever they were, 
 or perhaps ever would be again. 
 
 Thefe outlines of the American royalifts 
 ferve to fhew, that they defigned to leave 
 their country nothing independent of the 
 will of Parliament. The fubjeCtion was fo 
 complete, as to become incompatible with 
 the idea of virtual reprefentation in the view 
 of its projectors : for however fuch a repre- 
 fentation may exift, where the reprefenta- 
 tives, although not eleCted by their princi- 
 pals, are in the fame interefts ; yet where 
 thefe are different and even oppofite, the 
 fallacy of the doCtrine becomes too apparent 
 for fupport in the mind of the boldeft vifion- 
 ary. To a member of the Houfe of Com- 
 
 mons 
 
i6 0 BERNARD. 
 
 mons it would become a temptation beyond 
 refiftance to vote a tax from his own purfe 
 to the Americans : it was therefore a part 
 of this plan, that they fhould be admitted 
 to a reprefentation in Parliament, at leafl 
 until the form of their government was fet- 
 tled ; — a privilege which they contended 
 was impracticable from local caufes, and 
 vyould be highly injurious to them for vari- 
 ous reafons ; and which, on the temporary 
 plan fuggefted, was only the right of forg- 
 ing their own chains. 
 
 The fimilarity of thefe principles of law 
 and polity to the meafures actually adopted 
 by the Britifh minifter concurred, with oth- 
 er circumftances, to excite and fix fufpicions 
 in the minds of the people of Mafiachufetts, 
 that the idea of taxing them did not origi- 
 nate in England ; and Governor Bernard 
 began to lofe their confidence, which contin- 
 ued to be abated, until it was irretreivably 
 gone. 
 
 The American idea of the authority of 
 the mother country, and of the moft expe- 
 dient fyftem of governing, was far different. 
 The people held it to be their effential right 
 
 as 
 
BERNARD. 161 
 
 as Englishmen, not to be Subject to any tax, 
 but what they had a voice in laying in per- 
 l'on or by their representatives : that this 
 principle had been admitted in practice, by 
 the Colonies being allowed civil governments 
 of their own, who had always voted Sup- 
 plies to the King greater than their propor- 
 tion of the national expenfes, and were Sup- 
 ported by their constituents : that their rep- 
 resentatives in thefe governments were the 
 only proper judges of their ability to grant 
 money, a Britifh Houfe of Commons being 
 at too great a diftance to be well informed, 
 and too much interefted in laying heavy 
 burdens upon the Colonies in order to 
 lighten their own : that a representation 
 within the Colonies was the more neceflary, 
 from the peculiar weight of taxes laid upon 
 them, on account of their being kept indebt- 
 ed in England by the regulation of their 
 trade, to a greater amount than all the 
 Specie of the country would pay : that a 
 taxation without representation, having no 
 check, would leave them nothing their own : 
 that the fyStem of internal taxation was not 
 the moft expedient fyftem of governing the 
 Colonies, whilSt Great-Britain could obtain 
 
 all 
 
 VOL. II. 
 
 w 
 
BERNARD. 
 
 162 
 
 all which they could yield without it : that 
 fhe enjoyed through them an extenfive 
 trade, by the abfolute and uncontrollable 
 regulation of which fhe drew to herfelf the 
 fruits of the labours of many thoufands, 
 without alienating their attachment to her : 
 that fhe had the liberty of introducing 
 among them fuch Eaft-Indian and European 
 articles as fhe pleafed, the latter of which fhe 
 was able to fupply, without going abroad 
 for them : that it was evident that Great- 
 Britain by thefe means drew every thing 
 from the Colonies which they could fend, 
 by the courfe of exchange, which was con- 
 ftantly rifing, except during a war, when 
 European goods were exchanged for foreign 
 fugars and other articles, the prices of which 
 were high in Europe ; and after all great 
 fums remained due to merchants in London : 
 that it refulted hence, that the way to reap 
 ftill greater advantages from the Colonies 
 was fo to enlarge their trade, as to furnifh 
 them with more valuable remittances, par-’ 
 ticularly to extend their trade to the neutral 
 ports in the Weft-Indies ; for if the Englifh 
 iflands furnifhed a fufficient quantity of 
 fugars, whatever more was procured would 
 be exported and brought again home by the 
 
 courfe 
 
BERNARD. 163 
 
 courfe of a regulated importation of Britifh 
 manufactures ; and, on the other hand, if 
 thofe iflands ftiould not furniffi a fufficient 
 quantity for confumption, the price that 
 would be paid for the deficiency, during the 
 prefent reftraint, would much leflen the 
 amount of remittances to England. Even 
 money fent to the French iflands could be 
 no injury to the nation, fince by purchafing 
 their produce at firft hand, the Colonifts 
 would acquire all the profits of tranfporting 
 it to foreign ports : But not permitting them 
 to exchange for Weft-India produce that 
 lumber, which mull otherwife be burnt, was 
 highly abfurd. Could a good reafon be grw 
 en why they fhould not change their affies 
 into fugar ? Perhaps allowing them to bring 
 wines, fubjeCt to a duty, direCtly from Spain 
 and Portugal would be politic, in the view 
 of increafing their means of remittances : 
 that as in Europe it was efteemed wife for 
 Great-Britain to take off French wines in. 
 return for beef and bread, by which means 
 France in time of war was put to the greatefl: 
 difficulty in victualling her fleets and armies, 
 fo the Colonies producing thofe articles 
 ought to be encouraged as the firmeft fup- 
 port of her empire in America, becaufe the 
 
 French 
 
164 
 
 BERNARD. 
 
 French and Spaniards, depending on them 
 for provifions, were driven to the greateft 
 diftrefs in war, and were forced for a fcanty 
 fupply to furrender their wealth ; and there- 
 fore that no opening of trade between the 
 Colonies ought to be difcouraged, as this 
 advantage was ever on the fide of Great- 
 Britain : that fhe having it thus in her 
 
 power to draw all the wealth, which her 
 Colonifts could accumulate, by a regulation 
 of their trade, to attempt to get more by in- 
 ternal taxation would be like felling the tree 
 to gather the fruit. 
 
 Nor was external taxation conceded to the 
 Parliament by all. A diftindion was made 
 between it as a regulation of trade, and as a 
 fource of revenue ; for fufficient imports 
 might be invented to colled: all the circulat- 
 ing money of the Colonies. Mr. Hutchin- 
 fon appeared to be impreffed with this opin- 
 ion, and indeed to think that the authority 
 of Parliament to raife a revenue in America 
 ought to be acquiefced in rather on the 
 ground of expediency than right. In a let- 
 ter to Air. Bollan he obferved, “ If the Par- 
 liament begin with internal taxes, I know 
 not where any line can be drawn. If it be 
 
 faid 
 
BERNARD. 
 
 faid that there is none but their difcreiion, 
 we are in danger of unequal diftreffing bur- 
 dens, which finally mull ailed: the nation 
 as much as the Colonies themfelves.” And 
 in writing to another friend, when fpeaking 
 of the diftindion between duties on trade 
 and internal taxation, he obferved, “ that 
 this diftindion agrees with the opinion of 
 the people in England, and with the opin- 
 ion of moil people here. Mr. Bernard is 
 full with you in it. I think it imprudent to 
 oppofe it, and therefore am filent, but it is for 
 this reafon only. I am for faving as much 
 of our privileges as we can : and if the peo- 
 ple of England make this diftindion, I think 
 it tends to ftrengthen us in our claim to ex- 
 emption from internal taxes. Really there 
 is no difference, and the fallacy of the argu- 
 ment lies here. It is fuppoling duties upon 
 trade to be impofed for the fake of regulat- 
 ing it, whereas the profeffed defign of the 
 duties by the late ad: is to raife a revenue. 
 Can it poffibly caufe any difference to the 
 fuhjed to impofe a duty to be paid as an 
 impoft, or to impofe a duty of excife to be 
 paid by the licenfed inland vender ? The con- 
 fumer pays juft the fame in the one cafe as 
 the other ; and the rights of the people are 
 
 alike 
 
 165 
 
 Hb copy of 
 a M. S. Let- 
 ter, Nov. 7, 
 1764. 
 
BERNARD. 
 
 alike affeCted ia both cafes. If they would 
 flop where they are, I would not difpute 
 their aiftinCtion with them, but if they in- 
 tend to go on, there will be a neceffity of 
 doing it, for they may find duties on trade 
 enough to drain us fo thoroughly, that it will 
 not be poffible to pay internal taxes as a 
 revenue to them, or even to fupport govern- 
 ment within ourfelves.” It alfo appears that 
 
 Hutchinfon’s Mr. Hutchinfon drew up a ftate of the claims 
 
 M- S. letter- . . 
 
 took, of the Colonies and the mtereit of the nation 
 with refpeCt to them, and tranfmitted it to 
 his correfpondent in England, with a view of 
 lerving their caufe in fome publication there, 
 but with exprefs injunctions, that whatever 
 was done, it fhould not be fuffered to be 
 known that the work came from him. 
 
 As to the aCtual exercife of the right of 
 taxation on the Colonies by the Parliament, 
 precedents feem to have been made only in 
 the following instances. An aCt of 25th 
 Charles II. c. 7. impofed a duty on enumer- 
 ated aricles. A tax was laid upon mariners, 
 and deducted from their monthly wages ; 
 which was finally appropriated to the fup- 
 port of fuch, as became the fubjeCts of Green- 
 wich HofpitaJ. The General PofUOffice 
 
 was 
 
BERNARD- 167 
 
 was eftablifhed alfo by an ad of Parliament ; 
 and laftly the fugar ad, which had been fo 
 long fufpended, and was now formed on a 
 new model, and about to be put into opera- 
 tion as an introductory ftep to a fyftem of 
 revenue. The advocates for the Colonies 
 contended that the ad of Charles II. being 
 paffed in an arbitrary reign, whence prece- 
 dents relating to the rights of the people could 
 not be fairly adduced, ought rather to be con- 
 fidered as an exercife of power than of ac- 
 knowledged law. The two next inftances, 
 they alleged, were done for the immediate 
 advantage of the trade of the country, and 
 the fugar ad was rather prohibitory than 
 for the purpofe of taxation. 
 
 In this unfettled ftate of rights and opin- 
 ions the Parliament paffed the law for grant- 
 ing certain duties in the Britifh Colonies and 
 Plantations in America ; and the minifter, 
 forefeeing its unpopularity there, inferted a 
 claufe to fecure its execution, which proved 
 to be as objedionable refpeding the rights 
 of Americans, as its general principles. 
 
 Penalties for the breach of this ad, or any 
 other relating to the trade and revenues of 
 the Britifh Colonies, incurred in America, 
 
 were 
 
1 68 
 
 BERNAR D; 
 
 were made recoverable in any Court of 
 Record or in any Court of Admiralty in the 
 Colony, where the offence fhould be com- 
 mitted, or in any Court of Vice-Admiralty, 
 which might be appointed over all America, 
 at the election of the informer or profecutor. 
 Thus a trial by jury might be taken away, 
 and a defendant might be forced from one 
 end of the continent to another, to fupport 
 his claim in a Court of Vice- Admiralty at 
 an expenfe perhaps beyond the value of the 
 property in queftion. And after all, the 
 a provided that he fhould recover neither 
 cofts nor damages, if the Judge fhould cer- 
 tify that there was probable caufe of feizure. 
 
 The murmurs and difcontents of the laffc 
 year, excited bythe enforcing of the laws of 
 trade, were increafed by the prefent a£t ; 
 and feveral feizures to the amount of about 
 ^3000 fterling, one third of which was ap- 
 propriated to the Governor, heightened the 
 animofities which had been raifed againft him. 
 The influence, which had preferved caution, 
 and fometimes a filence, in the General 
 Court, was now broken. When they met 
 at their firft feflion, after declining to enlarge 
 the eftablifhment of two companies, raifed 
 
 for 
 
BERNARD. 1 6 <) 
 
 for the defence of the eaftern country* the 
 Houfe of Reprefentatives drew up in decided 
 and pointed language a letter of inftrudions to 
 Mr. Mauduit, the agent for the whole aifem- 
 bly in England. This was founded on fev- 
 eral letters from him, in which he had mif~ 
 conftrued their filenee upon the bufinefs of 
 the tax on mclaffes, and even the quartering 
 of 10,000 troops in the Colonies, into an 
 alien t to thole meafures. In this they ob- 
 l'erved, that volumes had been tranfmitted 
 from the Province in relation to the fugar 
 ad, to little purpofe : if a Weft-Indian or 
 any other bye influence was to govern and 
 fuperfede their moll effential rights as Britifh 
 fubjeds, what wmuld it avail them to make 
 remonftrances, or the moll demonljrable 
 reprefentations of their rights and privileges ? 
 that the hidden palling of the fugar ad, 
 and continuing a heavy duty on that branch 
 of their commerce, they thought was far 
 from proving, that any folid foundation ex- 
 ifted for a hope which he had exprefled, that 
 a general difpofition would be found to ferve 
 the Colonies and not to diftrefs them : that 
 no agent of the Province had power to make 
 exprefs conceflions in any cafe without ex- 
 
 prefs 
 
 VOL. II. 
 
 X 
 
prefs orders ; and that the filence of the 
 Province fhould have been imputed to any 
 caufe, even to defpair, rather than to have 
 been conftrued into a tacit ceffion of their 
 rights, or an acknowledgment of a right in 
 the Parliament of Great-Britain to impofe 
 duties and taxes upon a people, who are 
 not reprefented in the Houfe of Commons : 
 that they w r ere Hill more furprifed at his 
 letter refpe£ting the quartering of an army 
 on the Colonies. We conceive, faid they, 
 nothing could reftrain your liberty of oppof- 
 ing fo burdenfome a fcheme. What merit 
 could there be in a fubmiffion to fo uncon- 
 ftitutional a meafure ? It is time enough for 
 us to make a virtue of neceffity, when we are 
 obliged to fubmit to fo unreafonable an eftab- 
 lifhment. Is there any thing in your power 
 of agency, or in the nature of the office, 
 that can warrant a conceffion of this kind ? 
 moft certainly there is not. We are ex- 
 tremely obliged to Mr. Grenville, “ for his 
 kindeft expreffions of regard to the Colo- 
 nies.” But we cannot conceive it any vaft 
 favour that he will not think of “ any thing 
 from America for the relief of Great-Britain.” 
 Nor can we conceive it to be exactly agree- 
 able to equity and juftice that America 
 
 “ ffiould 
 
BERNARD, 
 
 171 
 
 “ fliould be at the whole charge of its gov- 
 ernment and defence.” 
 
 “ The northern Colonies have, during the 
 late war, exerted themfelves in full propor- 
 tion to Great-Britain. This Province in 
 particular had in one campaign on foot feven 
 thoufand troops. This was a greater levy 
 for a fingle Province, than the three king- 
 doms had made collectively in any one year 
 fince the revolution.” 
 
 They obferved that the Colonies had de- 
 fended themfelves for more than a century 
 againft the French and Indians, with very 
 little affiftance from England ; and were flill 
 obliged to keep up many large military eftab- 
 lifhments. In this fituation how grievous 
 muft it appear, that their mother country 
 fhould cut off their refources, and oblige 
 them to pay fuch heavy taxes for fupport of 
 regular forces out of their Qwn Colony. 
 And granting, laid they, that the time may 
 come, which we hope is far off, when the 
 Britifh Parliament fhall think fit to oblige the 
 North-Americans, not only to maintain civil 
 government among themfelves, for this they 
 have already done, but to fupport an army 
 
 to 
 
IJ2 
 
 BERNARD. 
 
 to protect them ; can it be poflible that the 
 duties to be impofed, and the taxes to be 
 levied, fhall be affefTed without the voice or 
 confent of one American in Parliament ? If 
 all the Colonifts are to be taxed at pleafure 
 without any reprefentative in Parliament, 
 what will there be to diftinguifh them in 
 point of liberty from the fubjedts of the mo ft 
 abfolute prince ? For befides maintaining in- 
 ternal provincial civil government, among 
 themfelves, they mull pay towards the fup- 
 port of the national civil and military gov- 
 ernments in Great-Britain. Now it is con- 
 ceived that no people on earth are doubly 
 taxed for the fupport of government. 
 
 “ If it fhould be faid that the late acqui- 
 fitions in Canada are beneficial to the trade 
 of the Colonies, it is certain that thefe con- 
 quefts will add to the commerce of Great- 
 Britain, but is not of any particular advan- 
 tage to that of the Colonies. We reap noth- 
 ing from thefe conquefts of his Majefty’s 
 arms, to which we have contributed fo much, 
 but what is common to all his Majeftv's loyal 
 fubjedls, except a more immediate fecurity 
 arifing from a power equally hoftile, though 
 not equally dangerous to all parts of his 
 
 Majefty’s 
 
BERNARD. 
 
 Majefty’s dominions, being depreffed, and 
 made to afk their peace of his Majefty’s 
 goodnefs.” 
 
 *> 
 
 They complained of the rapid manner in 
 which refolutions were pafled into a£ts of 
 Parliament. This was done before they 
 could receive information of their exifting. 
 Every charter privilege, they obferved, might 
 be taken from the Colonies by an appendix to 
 a money bill, which it feems, by the rules on 
 the other fide of the water, mu ft not at any 
 rate be petitioned againft. To what purpofe 
 would an oppofition to any refolutions of 
 the miniftry be, if they were pafled with 
 fuch rapidity, as to render it impoflible for 
 the Colonies to be apprized of them before 
 they received the fanction of an a£t of Par- 
 liament ? 
 
 As to the deferring of the (lamp a they 
 obferved, that the offer of fufpending it in 
 the manner and upon the condition men- 
 tioned amounted to no more than this, that 
 if the Colonies would not tax themfelves as 
 they might be directed, the Parliament 
 would tax them. 
 
 The 
 
m 
 
 BERNARD. 
 
 The fixing the duty on molafles at three 
 pence per gallon feemed to them repugnant 
 to the affurances given from the miniftry, 
 that the Colonies were not to be taxed for 
 the fupport of the government at home ; 
 for if America were to be taxed for her own 
 government and more immediate protection 
 only, and two pence might yield enough for 
 that, to what purpofe would it be to lay 
 three pence ? and the duty, in all good pol- 
 icy, fhould have been low at firft, if it was 
 right to lay any, and it might have been in- 
 creafed by degrees as it would bear. But 
 the bufinefs, if it would bear any thing, 
 would admit only of a light duty. 
 
 They obferved that Ireland was a conquer- 
 ed country, which was not the cafe with the 
 northern Colonies, except Canada ; yet no 
 duties had been levied by the Britifh Parlia- 
 ment on Ireland. No internal nor external 
 taxes had been affefied upon them but by 
 their own Parliament, although many pro- 
 hibitions had been made : that the laying of 
 thefe on dominions not reprefented in Par- 
 liament fhould be exercifed with great mod- 
 eration, but that this had better be exercifed 
 with the utmoft rigour than the power of 
 
 taxing : 
 
taxing : for that this laft was the grand bar- 
 rier of Britifh liberty ; which if once broken 
 down, all was loft : that, in a word, a peo- 
 ple might be free and tolerably happy with- 
 out a particular branch of trade, but without 
 the privilege of aflefling their own taxes, 
 they could be neither. 
 
 Thefe inftruftions were accompanied with 
 a brief ftate of the rights of the Colonies, and 
 were ordered to be entered on the journals. 
 The Houfe then made choice of a committee 
 to fit in the recefs of the Court, and write to 
 the other governments, to acquaint them 
 with thefe inftruftions, and to defire the fev- 
 eral Affemblies on the continent to join with 
 them in the fame meafures for obtaining a 
 repeal of the fugar aft, and preventing a 
 ftamp aft, or any other impofitions and 
 taxes, upon this and the other American 
 Provinces. 
 
 The refolutions adopted by the Houfe of 
 Reprefentatives at the prefent feflion, and 
 particularly that which invited the other Col- 
 onies to affociate in their oppofition to the 
 minifterial fyftem of revenue, conftituted an 
 important leading meafure in the revolution 
 
 ©f 
 
176 
 
 BERNARD. 
 
 of the country. It was a declaration of 
 rights, and a proclamation of political war 
 between the patriots and the friends of the 
 Britifh government in Maffachufetts. The 
 bold and oppreffive ad of Parliament, which 
 was about to come into force, and the (till 
 more oppreffive and impolitic fcheme of the 
 threatened llamp ad, prepared the minds of 
 the merchants at firft, and afterwards of the 
 inland inhabitants for the unequivocal oppo- 
 fition which was to be expeded to parlia- 
 mentary authority. Yet this oppofition was 
 not fo ripened, as to enable the patriotic party 
 to gain fuch a victory by the mere ftrength 
 of their fuperiority in numbers. Addrefs 
 was found to be neceffary in the defence, as 
 it had been frequently ufed in the attack upon 
 the rights of the Colonifts ; and the advantage 
 of opportunity perhaps gave them their af- 
 cendency at this jundure. The inftrudions 
 •were pafled at the laft day but one of the 
 feffion : and the management of Mr. Hutch- 
 infon was evaded by his previoufly going 
 upon the circuits, accompanied by fome of 
 the members of the fame opinions with him- 
 felf, whilft others had withdrawn to their 
 feveral towns. He was undoubtedly much 
 chagrined by the furprife, and confidered it 
 
 as 
 
BERNARD. 
 
 1 77 
 
 as connected with his lofs of the agency; m. s. letter, 
 fince he afferted, that had he been chofen, book * 
 very few members would have defired to 
 clog him with inftruCtions fo ineonfiftent 
 with his own fentiments. But his hope of 
 the agency had now vanifhed, not only from 
 the complexion of the Houfe of Reprefen- 
 tatives, but from a denial of his requeft to 
 the King for leave of abfence from the Prov- 
 ince. The evil of his defeat therefore, con- 
 filled in the lofs of that general influence and 
 fuccefs, which it was neceffary for him to 
 preferve, in reality or in appearance, for 
 other purpofes of ftill more magnitude, 
 which, it is highly probable, he now began 
 to contemplate. He accordingly reprobated 
 this ftep, fo rafh in his view, particularly the 
 madnefs, as he termed it, of inferting the in* 
 ftruCtions on the journals of the Houfe, and 
 directed his whole policy to counteracting 
 its effeCts. 
 
 Governor Bernard probably forefaw that 
 the moft refpeCtable oppofition to the min- 
 iftry might arife from the General Court ; 
 and it was his plan to draw their attention 
 from the obnoxious proceedings of Parlia- 
 ment, 
 
 Vol. ii. Y 
 
 X 
 
BERNARD. 
 
 ment, whilft they were fitting, and to pre- 
 ferve every appearance of reafon for omit- 
 ting to call them together again, until as fair 
 a chance as poflible could be given to the 
 operation of the a£t for railing a revenue in 
 the Colonies. Accordingly when he opened 
 this feflion, he fpoke only of the condition 
 of the eaftern country, and afterwards gave 
 a minute ftatement of the numbers and force 
 of the feveral Indian tribes, and recommend- 
 ed a conference with them. This, if agreed 
 to, would have made it neceffary for him to 
 have been in that part of the Province, and 
 to have delayed calling the General Court 
 together for fome confiderable time. But 
 the Houfe avoided this plan, by alluring the 
 Governor of their moll grateful fenfe of that 
 fincere regard to the intereft of the Province, 
 which his Excellency had exprefled ; but 
 that, with all due fubmiffion, they did not 
 apprehend thofe Indians to be formidable 
 enough to occafion any apprehenfion of dan- 
 ger from their irruptions ; and as their dif- 
 pofitions appeared pacific, and fuch a con- 
 ference would. create fo great an expenfe, as, 
 in the prefent ftate of the Province, would 
 be very inconvenient, they did not think it 
 necefiary or expedient to make provilion for 
 
 it. 
 
BERNARD. 
 
 179 
 
 it. This determination of the Houfe put 
 the Governor upon the expedient of effect- 
 ing the neceflary delay by making a vifit to 
 the ifland of Mount-Defert, which had been 
 granted to him by the General Court. 
 
 The Houfe of Reprefentatives having fin- 
 ifhed the bufinefs of inftruftions to the agent, 
 referred the confideration of choofing a per- 
 fon to be joined with Mr. Mauduit until the 
 next fitting ; and the General Aflembly was 
 the next day prorogued to the 25th of July, 
 without any obfervations of cenfure or praife 
 from the Governor. 
 
 In the recefs a full opportunity was given 
 for the meafures of Parliament to operate 
 upon the public mind. 
 
 No people were better inftru&ed in the 
 nature of their rights than thofe of Mafla- 
 chufetts. The nation, from which they de- 
 fended, flood diftinguiflied in Europe for 
 its exemption from many reftraints upon 
 liberty, which the others continued to en- 
 dure. Its laws had been gradually difen- 
 tangled from moft of the galling fetters im- 
 pofed by feudal tenures, whilft they refilled 
 
 with 
 
 June 1 s> 
 
BERNARD. 
 
 i8o 
 
 m v ■ * 
 
 'with confiderable effedt the principles of the 
 
 Roman code. Commerce had ameliorated 
 the. faftidious pride of the military fpirit ; 
 and indultrious enterprize raifed herfelf by 
 the fide of national glory. Her foundation 
 was freedom, and her fuccefs depended upon 
 an unremitting vigilance and decided fup- 
 preffion of tyranny. Emanating from fuch 
 enlightened policy, and partaking of all its 
 rapid fubfequent improvements, the Britifh 
 Colonifts may be faid to have been inftrudted 
 in the wifeft age, and in the moft perfect 
 political principles which the world had 
 known. Their emigration, taken in all 
 its circumftances, was without precedent. 
 It confequently produced new cafes, found- 
 ed on unfettled principles, at every ftage of 
 its advancement. In the beginning they 
 were confidered as no part of the realm, in 
 the view of the conftitution ; and held their 
 charters of the King as his liege fubjedts. 
 When the Parliament participated of the 
 fovereignty, the Colonies, becoming the 
 dominions of the realm, were made liable to 
 its laws. Thefe were acknowledged, until 
 they were grounded on the violation of that 
 great maxim of Britifh freedom, that taxa- 
 tion and reprefentation were correlative. 
 
 ' We 
 
We have feen with what expertnefs, under- 
 ftanding, and fortitude the people of Maffa- 
 chufetts managed thefe queftions in defence 
 of their charter, and the various incidental 
 difputes, which took place with their Gov- 
 ernors, and, in fome inftances, with the 
 Council. To their information upon con- 
 ftitutional points, and acutenefs in contro- 
 verfy, their local fituation compelled them 
 to add the ftridtefl: frugality in the expendi- 
 ture of public money. Rich in freedom and 
 ftrong by induftry, they were compelled by 
 a reludfant foil to the unremitting exercife 
 of the one in order to preferve the other. 
 From wealth they could receive little affift- 
 ance : trade, which regulates the current of 
 money, was carried on at the will of the 
 parent country ; and fhe reftridted the ex- 
 tent of it by the fupplies of her manufac- 
 tures, which her accommodation might didtate 
 to be fent to the Colonies. In the chance 
 of a war, invitations arofe for greater com- 
 mercial enterprize ; but the gains were dearly 
 purchafed with the introdudtion of luxury, 
 which by increafing the artificial wants of 
 the inhabitants, left the balance againft the 
 country on the whole. To a people thus 
 fituated a tax was inftantly and univerfally 
 
 felt. 
 
« 
 
 182 
 
 * 
 
 '4 
 
 * * & 
 
 BERNARD. 
 
 .1 
 
 felt. It was a demand for the food and the 
 raiment of the poor : it pervaded the recedes 
 of frugal contentment: it awakened the 
 jealoufy of inquifitive fpeculation : it roufed 
 the anger of liberty. 
 
 i 
 
 Thefe peculiarities in the circumftances 
 and character of the inhabitants of Maffa- 
 chufetts dilated the mode of refilling the 
 impending i'yftem of revenue and taxation 
 
 JL * 
 
 of the Parliament of Great-Britain. 
 
 Recourfe to arms was not meditated. A 
 
 W (x Ak 
 
 "retrenchment in the ufe of foreign articles, 
 
 . efpecialiy at funerals, the encouragement of 
 their own manufactures, and the confequent 
 reduction of importations from England, 
 
 
 
 were the expedients reforte d to. This was 
 to advance their own country at the expenfe 
 of a powerful intereft in the parent ftate, 
 which, might influence the miniftry to re- 
 confider and repeal their aCts. Nor was 
 the ftate of American manufactures unpro- 
 pitious to fuch meafures. The fmelting of 
 ‘iron ore had been brought to fuch perfec- 
 tion, as greatly to check the importation of 
 it from foreign countries. Pot-afh had be- 
 come a confiderable article of exportation : 
 
 A * 
 
 and 
 

 B E R N-A R D. 'V * , 
 
 . v % v v 
 
 and f the making of cdarfe woollens had lb 4 
 
 prevailed as to afford effential aid in clothing!" 
 Affociations for encouraging thefe objects|^ v 
 were commenced and afterwards generally .. 
 agreed upon ; whilft a band of literary pat->^A’^,; 
 riots martialled themfelves round the ftand^* v* 
 ard of liberty, and boldly defended it by ar- 
 guments drawn from the found principles 
 of the Britifh conftitution and provincial 
 
 charters. 
 
 
 j 
 
 * 
 
 The Governor purfued his .plan of pifo- 
 craftinating the feffion of the General Court. 
 
 He prorogued it by three feveral proclama- & * •' 
 
 tions until the 1 8 th of 0£tober, by which 
 time the clamor had become violent. He - 
 was charged with difabling the people in 
 their attempts to defend their rights through * 
 the General Court; and as public letters 
 were known to have been received from 
 their agent, it was fuggefted that he availed 
 himfelf of the recefs to anticipate an anfwer 
 to the minifter before they fhould be con- 
 fidered by the Affembly ; and that it would 
 be foon demonftrated that he was the author * 
 of the nefarious fcheme of taxation. Even 
 
 ♦ 
 
 < > * 
 
 the manner in which the ifland of Mount- 
 Defert was obtained was held up to view, 
 
 Apce,<,£ 
 
 
 
# ,r; 
 
 j ** c 
 
 the dela 7 which had 
 taken place, the Governor in his fpeech re- 
 *V* V K&^ndedj^e members gf the General Com#,* 
 that he had called them together earlier 
 t^^ne'liad e^preffed his intention to have 
 -th^ormer feffiqn, as fevqral gentle- 
 men of both Houfes had fignified to him 
 ff *n ■ • • w - ^o, t ° *• 
 
 4t their apprehenfions that feme further pro- 
 
 fmce it nowferved fora pretext to poftpone 
 the proper means of defending the rights of 
 the Province which granted it. 
 
 4k 
 
 Wii 
 
 Y.Uff 
 
 -■ *r». 
 
 >** - 
 
 » *7 
 
 > * 
 
 * rr Jp; 
 
 5 *. 
 
 * 
 
 * 
 
 * 
 
 
 vifions were necefiary for the maintaining 
 of; the territorial rights and commercial in- 
 terefts of the Province : that lie fhould leave 
 them to their own deliberations, fince he 
 might be thought not impartial and inde- 
 pendent enough to be their counfellor ; and 
 recommended unity, prudence, and modera- 
 tion. 
 
 
 June. 
 
 When the 
 
 
 comtaittee 
 for corref- 
 ponding 
 ■with the 
 agent was 
 chofen. 
 
 The members of the Houfe juftiy repre- 
 fented the interefts and feelings of their con- 
 ftituents. After referring over bufinefs of 
 a private nature, they applied themfelves to 
 the drawing of an addrefs to the King upon 
 the fubjed of the late ad of Parliament. 
 The tenor of this was wholly incompatible 
 • with 
 
BERNARD. 1S5 
 
 with the ideas of Mr. Hutchinfon and his 
 party ; who therefore made a firm opposi- 
 tion to it in the Council. This produced 
 a conference, at which he was firft manager 
 on their part ; and afterwards a committee 
 of both Houfes, in which he exerted all his 
 talents to defeat the addrefs to the King, 
 and finally converted it into a petition to 
 the Houfe of Commons, clothed in language 
 which the haughtied burgefs in England 
 might have deigned to hear, and Supplicating 
 a continuance of the privileges which the 
 Colony had enjoyed as a matter of mere 
 grace and favour. The objections to the 
 revenue law were coldly dated on the 
 ground of injury to the fifheries, and a con- 
 sequent reduction of the means of paying 
 for Britifh manufactures ; and the arguments 
 againd the future damp aCt were drawn 
 from the inconvenience that would refult 
 from draining the Colonies of money, which 
 mud conduce to the fame evil : and fo, up- 
 on the whole, that Great-Britain would lofe 
 more from the diminution of her manufac- 
 tures, than all the fums which it was pofli- 
 ble for the Colonies thus to pay could coun- 
 tervail. In Short, the ideas of this petition 
 
 appeared 
 
 Vol. 11. 
 
 Z 
 
appeared to follow exactly the dictates of 
 the agent ; and it concluded with a prayer 
 that time might be granted, in order that 
 the petitioners in conjunction with the other 
 governments might have opportunity to 
 make a more full reprefentation of the ftate 
 and condition of the Colonies, and the in- 
 tereft of Great-Britain with regard to them. 
 Nothing was faid of the right of Parliament 
 to impofe the tax, nor of the difpofition of 
 the Colonifts to avoid the operation of it. 
 
 During the debates upon this lubjeCt, the 
 Governor communicated a letter from the 
 Earl of Halifax, fignifying the King’s dif- 
 pleafure at the conduCt of the Aflemblies in 
 New-England, in refufing or delaying to 
 • comply with General Gage’s requifition for 
 men. The Houfe referred the confideration 
 of this to the next feflion ; and the peace, 
 which was foon after concluded with 
 the Indians, made this communication of 
 no further importance, than the influence 
 which it might have had upon the members 
 at this critical juncture ; and raifing a new 
 argument from the backward nefs of the 
 Houfe to aCt conclufively upon it, in favour 
 of his Majefly’s eftablifhing a ftanding force 
 
 within 
 
BERNARD. 
 
 i*7 
 
 within the Colonies for defending them at 
 their own expenfe. But the petition is 
 fairly to be attributed to Mr. Hutchinfon’s 
 addrefs. Having wearied the committee 
 with a tedious oppofition of ten days, and 
 embarraffed the Houfe by the counteracting 
 votes of the Council, he obtained a petition 
 wholly deftitute of the fpirit difplayed in 
 the inftruftions to the agent at the laft fef- 
 fion. He then became folicitous to wipe 
 off any mifconftruftion in England of what 
 would appear by the records, his being at 
 the head of a committee upon an affair of 
 fuch a nature. In order to effeft this, he 
 offered to a correfpondent of a public char- 
 after, as an apology for drawing the peti- 
 tion, his fears that the Court would unite 
 in fomething worfe. He (hewed his fer- 
 vices in convincing the majority of the 
 members of the imprudence attending every 
 meafure, which looked like oppofition to 
 the determinations of Parliament : and he 
 made ufe of the fame occafion to propofe 
 refigning his commiffion as Lieutenant-Gov- 
 enor, whenever a new Governor fhould be 
 appointed, and lodging a letter of refigna- 
 tion in the hands of his friend to be ufed, 
 when the event might require. 
 
 Hutch m- 
 fon’s M. S. 
 copy of his 
 letter o Mr. 
 Jacklon, * 
 Nov. 5, 
 1764. 
 
 The- 
 
x 88 
 
 BERNARD. 
 
 The public bufinefs was clofed by an ad- 
 drefs to the Governor, in which the two 
 Houfes ftated the grievances they appre- 
 hended themfelves to be under from the 
 late adt of Parliament, nearly in the fame 
 manner as related in their application to 
 the Houfe of Commons, dividing them in- 
 to fuch as affedtcd the civil rights and fuch 
 as related to the commercial interefts of the 
 Colonies. The trials by the courts of Ad- 
 miralty were of the firft kind, and were the 
 more alarming, as, according to the practice 
 of that court, the Judge and officers had a 
 twentieth part of the whole value of the 
 articles condemned, but in cafe of acquittal, 
 were entitled only to cuftomary fees ; the 
 manifeft tendency of which was to procure 
 • decrees of condemnation, where there was 
 no juft caufe of feizure. The grievances of 
 the fecond kind were the effedt of the adt 
 upon the fiftiery, and the exportation of 
 lumber, which was' re ft r idled to Great-Brit- 
 ain. From the injury of the colonial com- 
 merce the evil confequences upon the inter- 
 efts of Great-Britain were eafily adduced. 
 His Excellency was requefted to lay thefe 
 obfervations, and a copy of the petition to 
 the Houfe of Commons, before his Majefty’s 
 
 minifters, 
 
BERNARD. 
 
 189 
 
 minifters, and to reprefent to them the griev- 
 ances mentioned to arife from the late adt, 
 and apprehended to be the probable refult 
 of a ftamp duty, and earneftly to befeech 
 the favour of their great influence to eafe 
 them of the burden of the one, and remove 
 from them the apprehenfions of the other. 
 
 The proceedings at this feflion fhew how 
 extremely difficult it was for the Britilh 
 miniftry to obtain juft information of the 
 fpirit and views of the Colonifts, if it were 
 the fubjedi of real inquiry. Their repre- 
 fentatives were made to fpeak a language 
 far fhort of their alarms, and to place their 
 rights upon little better footing than that of 
 indulgence. The mode in which this was 
 brought about, it was the intereft of the 
 agents to mifreprefent or conceal. Party 
 fpirit prevailed, and it is not wonderful that 
 the affairs of America fhould be feen through 
 its falfe medium, fixing objedts in a wrong 
 point of view by refradting them from the 
 line of truth ; and, inftead of an exadt im- 
 age prefenting a diftorted and delufive fig- 
 ure to the eye of the tranfadantic fpedtator. 
 
 The 
 
BERNARD. 
 
 The General Court had fcarcely rifen, 
 when copies of the addrefs and memorials 
 to the King, Lords, and Commons, from 
 the Province of Virginia, were laid before 
 the public. Thofe from New-York had 
 been previoufly received. The independ- 
 ent fpirit difplayed in thefe applications ; 
 the energy with which the American rights 
 were dated and maintained, and the conclu- 
 five force of the arguments formed an hu- 
 miliating contrail in the minds of the warm 
 patriots, between them and the petition from 
 their own Province. They complained of 
 diffidence and want of zeal in their Legifla- 
 ture. But their opponents on the other 
 hand faw nothing advantageous to the coun- 
 try in this lofty flyle, which they thought 
 amounted to folly and madnefs ; that there 
 could be no ufeful purpofe anfwered in 
 claiming an exemption from taxes, when 
 the whole body of the people of England, 
 who had the power, was againfl: the Colo- 
 nies ; that thefe noble fentiments, as they 
 were* called, had determined the miniftry 
 immediately to make it a point, whether 
 the nation or the Americans ffiould con- 
 quer : and it was the mod to be lamented, 
 
 that 
 
BERNARD. 
 
 191 
 
 that thefe rafh high flying petitioners would 
 not fuffer alone, but mull involve in their 
 fate thofe, who were not lefs firm, though 
 more moderate. The arguments of this 
 party at home were aided by a communica- 
 tion to a correfpondent of their leader in 
 England, fuggefting a hope that the agent 
 for New-York would excufe himfelf from 
 prefenting their petition or from making it 
 public, as it was reported he had orders to 
 do, let his inftru&ions be what they might. 
 Whilft the zealous controverfialifts thus op- 
 pofed each other, all rational men drew a 
 juft conclufion from the unequal if not dis- 
 cordant tenor of the petitions from the fev- 
 cral Provinces, that there was a neceflity of 
 fome common Aflembly who fhould delib- 
 erate and unitedly declare the unequivocal 
 voice of all Britifh America. 
 
 
 Hut chin- 
 ion’s M. S. 
 letter-book, 
 
 Nov. 1764. 
 
192 BERNARD. 
 
 CHAP. VIII. 
 
 Difpute between the Council and Houfe refpcEl- 
 ing the form of pajfing a refolve — Extraor- 
 dinary grant to the Chief Jufice carried 
 by one vote only — Richard fackfon , jun. 
 chofen agent in the room of Mr. Mauduit 
 ~Stamp A El pajfed — Proceedings of the 
 Houfe of Reprefentatives — Meeting of a 
 General Congrefs at New -York recommend- 
 ed — Delegates chofe?i in Maffachufetts — 
 Obfervations on the mlniflerial pretences of 
 taxhig the Colonics , pulifoed at New-York 
 — Refolutions of the Virginia AJfembly — 
 A Els of the people — Riots in Bofon — 
 Lieute?iant-Governor Hutcbirfori s houfe 
 defroyed. 
 
 * 7 TP HE Province of Maffachufetts Bay hav- 
 ing put h'erfelf in a fupplicating attitude 
 before the Houfe of Commons, nothing 
 now remained, but to wait the iffue of her 
 petition. .This could not be known when 
 the Governor called the General Court to- 
 jm. 9. gether at the winter fefiion. Their proceed- 
 ings were, of courfe, little conne&ed with 
 
 the 
 
BERNARD. 193 
 
 the fubjedt of the late controverfy ; and 
 their communications with the Governor 
 wore that conciliatory appearance, which 
 naturally refulted from a ftate of expectation 
 founded on the effedt of a humble experi- 
 ment. He congratulated them upon the 
 fubfiding of the troublefome appearances, 
 which had arifen from fome ill-advifed en- 
 croachments by certain French and Spanifh 
 commanders, that had been difavowed by 
 their refpedtive courts, and upon the happy 
 termination of the Indian war, in an hon- 
 ourable and fafe manner. He informed 
 them that he had recommended to the fa- 
 vour of his Majefty’s minifters the petition 
 which they had prepared ; and that he flat- 
 tered himfeif that their reprefentations would 
 receive great weight from the dutiful man- 
 ner in which they were formed ; conclud- 
 ing that the late exemplary inftances of their 
 unanimity, prudence, and moderation, in 
 times of difficulty and diftruft, would diflin- 
 guifh them to their advantage, would con- 
 firm the reputation they had hitherto acquir- 
 ed, and give aflurance of their- refolution to 
 fupport it by their future condudt. 
 
 A a 
 
 VOL. II. 
 
 The 
 
i 9 4 
 
 BERNARD. 
 
 The Council and Houfe of Reprefenta- 
 tives, in their anfwer to the Governor’s 
 fpeech, took great care not to counteract 
 their late pacific proceedings. After return- 
 ing the congratulations upon the removal of 
 hoftile appearances with France and Spain, 
 and the termination of the Indian war, they 
 obferved upon the fubjeCt of their petition, 
 that they flattered themfelves, that their rep- 
 refentations would have fuccefs, not only 
 from the dutiful manner in which they were 
 formed, but from the necefiary connexion 
 which there was between the intereft of the 
 nation and the fuccefs of that petition, it be- 
 ing a demonftrable truth, that the national 
 intereft would be beft promoted and fecured 
 by encouraging the trade of the Colonies. 
 If that profpered or declined, fo would the 
 trade of Great-Britain, but in a greater pro- 
 portion. That her power and wealth, how- 
 ever great, were ftill in their minority com- 
 pared with what, it was probable, they 
 would one day be, if the trade and growth 
 of her Colonies were not impeded. 
 
 They thanked the Governor for his dec- 
 laration of promoting the real welfare of the 
 Province confiftently with its fubordination 
 
 to 
 
BERNARD. 
 
 x 95 
 
 to the kingdom of Great-Britain, and the 
 common intereft of the whole empire, in 
 confiftence with which, they hoped for his 
 endeavours for that purpofe, and pledged 
 their inclinations confpiring with their du- 
 ty, to give him their affiftance. 
 
 They agreed that the times were difficult, 
 but they hoped that thefe were not times of 
 diftruft : they diftrufted not the wifdom and 
 goodnefs of Parliament, having with the 
 Colonies in general often experienced the 
 happy effects of both. On the fame wif- 
 dom and goodnefs, next to the fupreme, 
 they ftill relied. As that refpeflable body 
 had power, they humbly trufted their wif- 
 dom and goodnefs would exert it, to remove 
 the embarraffinents upon their trade, to 
 which the difficulty of the times was owing : 
 and if in his Excellency’s eftimation they 
 had acquired any reputation hitherto, they 
 hoped to fupport it by their future condu£t ; 
 at leaft to evince that they had done their beft 
 for that purpofe. 
 
 Reafons Efficiently obvious led to the 
 complacent difpofition ffiewn by the Houfe 
 of Reprefentatives to the Governor, and he 
 
 reciprocated 
 
BERNARD. 
 
 196 
 
 / 
 
 reciprocated by approving of Mr. Otis as 
 their Speaker pro tempore, in the room of 
 Mr. White who was unable to keep the 
 chair from indifpofition. But thefe reafons 
 did not extend to the Lieutenant-Governor, 
 nor always to the Council, over whom* he 
 prefided and whom he generally guided by 
 his influence. This muft account for a dif- 
 pute, which took place between the two 
 Houfes, upon the mere form of pafling a 
 refolution, to authorize the Treafurer to 
 continue drawing his bills of. exchange in 
 the name of Mr. Mauduit, notwithftanding 
 the choice of Mr. Jackfon. It originated in 
 the Houfe, and was concurred by the Coun- 
 cil as taken into a new draught, in which 
 the form of its originating in the Houfe 
 was preferved, as the cuftom has fmce been 
 eftablifhed. To this the Houfe objected, 
 and fent a meflage to inform the Board that 
 it was ufual for the Houfe to originate their 
 own refolves, and that they chofe to con- 
 tinue in that pra&ice. This neceflarily pro- 
 duced a meflage in j unification of the Council, 
 in which they plead the uninterrupted prac- 
 tice of both Houfes, in taking into a new 
 draught any vote fent from one to the oth- 
 er, in order to fave the trouble and perplex- 
 ity 
 
BERNARD. 
 
 197 
 
 lty which arofe from a great number of 
 amendments by marginal references : and 
 that the Board not intending to prepare a 
 vote to originate in the Houfe, but to alter a 
 vote before originated there, the Houfe had 
 no juft occafion for fending fuch a meflage. 
 In anfwer to which the Houfe acknowledg- 
 ed the practice of drawing anew, but con- 
 tended that one Houfe had never made a 
 draught for and in the name of the other, 
 and then fent it to the other to a£t upon ; 
 and they therefore thought that the Board 
 had done fomething more than altering or 
 amending the vote fent up. In the event, 
 the Council originated and palled a new re- 
 folution, which the Houfe non-concurred, 
 and originated and palled another like it, 
 with the variation of one immaterial word, 
 and that perhaps by accident, in which the 
 Council concurred, and fo terminated the 
 difpute. 
 
 Whilft the two Houfes were thus con- 
 tending about a form, the period arrived for 
 making the annual grants to the civil offi- 
 cers. The extraordinary allowance, ufually 
 made to the Chief Juftice of the Superiour 
 Court for his peculiar fervices, came under 
 
 confideration 
 
/ 
 
 J 9 S BERNARD. 
 
 confideration of courfe. This had been 
 omitted for the three laft years, and now 
 met with ftrong oppofition, moft probably 
 from the fame principles, which muft have 
 been founded on Mr. Hutchinfon’s fuppof- 
 ed political fentiments, fince againll his judi- 
 cial conduct in general there was no ground 
 of objeftion : it was juft, intelligent, and 
 popular. The queftion upon his grant was 
 finally taken by yeas and nays, in the Houfe, 
 and was carried in the affirmative by a ma- 
 jority of only one vote. 
 
 But the moft important bufmefs, which 
 the General Court tranfaCted at this feffion, 
 was the choice of an agent in the room of 
 Jafper Mauduit, Efq. who had requefted to 
 be excufed on account of his declining 
 health. The common caufe of the conti- 
 nental Colonies greatly depended on the 
 fidelity and exertions of the perfons, whom 
 they might employ in England. A power- 
 ful influence in the Weft-India planters was 
 to be overcome, before a reduction of the du- 
 ty on molafles could be effefted ; and a 
 great intereft relied on for procuring a re- 
 pulfion of the ftamp aCt was that of the 
 merchants trading to America, whom the 
 
 agents 
 
BERNARD. 
 
 199 
 
 agents were to inform, perfuade, and, if 
 poffible, bring to action. Mr. Mauduit had 
 always defpaired of the minifter’s renounc- 
 ing the principle of taxing the Colonies, and 
 expected nothing beyond the reduction of 
 the duties ; nor did the other agents feem 
 more fanguine, fince, according to his ac- 
 count, fome of them would not meet on 
 the bufinefs, and juft before the palling of 
 the ftamp ad only one had come to him to 
 facilitate their meeting. Whilft fuch lan- 
 guid and defponding feelings prevailed at 
 the place of adion, little was to be hoped 
 for, unlefs vigour could be infpired from the 
 fpirit of the country. The Affembly, dif- 
 truftful of fervants placed at fo great a dis- 
 tance, and finding the difficulty of removing 
 them at pleafure, voted that the powers of 
 any future agent Ihould be limited to the 
 term of three years, and then proceeded to 
 the appointment. Mr. Hutchinfon having 
 withdrawn himfelf, there remained only Mr. 
 Bollan, who had again offered his fervices, 
 but whofe accounts remained unfettled ; 
 Ifrael Mauduit, the brother of the agent, who 
 was fufpeded to be too much under minif- 
 terial influence ; and Richard Jackfon, jun. a 
 gentleman of the law in England, agent for 
 
 Connedicut, 
 
 Jafper Man- 
 duit’s M. S. 
 letter, Jan. 
 xi, 176J. 
 
200 
 
 BERNARD. 
 
 Connecticut, and who was the particular 
 friend of Governor Bernard, as well as the 
 intimate correfpondent of Mr. Hutchinfon. 
 In the event Mr. Boilan was given up, un- 
 der pretence of keeping out Mr. Mauduit, 
 and Mr. Jackfon was chofen. 
 
 The refpeCtful filence, which prevailed in 
 Maffachufetts during the fuppofed operation 
 of their petition, was at length broken by 
 the arrival of the parliamentary proceedings. 
 On the feventh of February the Houfe of 
 Commons refolved, and it w r as afterwards 
 enaCted, that certain ftamp duties fhould be 
 impofed on the Colonies in America. If 
 there were any who had confidence in the 
 effeCt of the petition, what muft have been 
 their difappointment ! How great was the 
 victory of its opponents ! How contemptu- 
 ous the fituation of its advocates ! There 
 was nothing faved by their friends in En- 
 gland, even in appearances, to juftify their 
 zeal for moderate meafures. So impatient 
 was the Houfe of Commons in the exercife 
 of their difputed right of taxation, that no 
 member could be found to prefent the peti- 
 tions from New-York and Virginia, and 
 that from Maffachufetts remained in the pri- 
 vate 
 
BERNARD. 
 
 201 
 
 vate keeping of Mr. Jackfon. The aft itfelf jaf P er Mau- 
 was framed with fo little regard to the eafe Feb. 9,1765! 
 and notions of the people, that if their ene- 
 mies had any ground for charging them 
 with reftleffhefs and ambitious defigns of 
 independence, the reproach might have 
 been fairly retorted, from the apparent at- 
 tempt to provoke them to it by this memo- 
 rable law. Befide the great amount of the 
 duties impofed by it, they were laid upon 
 obje&s of which the public opinion was 
 naturally jealous. The indifcriminate rates 
 affixed to papers at the probate offices, and 
 the tax of two pounds upon every de- 
 gree conferred by feminaries of learning, 
 were evidence of this : and, in addition to 
 all, the forfeitures for breaches of this and 
 the other a£ts of revenue were made recov- 
 erable in the detefted courts of Admiralty. 
 
 It was in vain longer to attempt reftraining 
 the popular indignation. The effedb of 
 fome alleviating meafures which the minif- 
 try adopted was not now to be felt. It was 
 of trifling confideration that American lum- 
 ber was admitted to all the markets of Eu- 
 rope ; and even a bounty allowed upon 
 it, when imported into Britain ; that the 
 
 colour 
 
 Bb 
 
 VOL. II. 
 
202 
 
 BERNARD. 
 
 colour for injurious exadtions in the cafe of 
 inland navigation between the Colonies was 
 taken away ; that a projedt of fome fugar 
 bakers in the cities of London and Briftol 
 for fuppreffing refining houfes in America 
 was flopped ; or that the threatened claufe 
 in the mutiny bill for quartering troops in 
 private houfes was renounced. The im- 
 pending blow was too alarming to admit of 
 attention to fuch inferiour objedts. If pluck- 
 ing the leaves from the tree of liberty had 
 excited fuch agitations, what was to be ex- 
 pedted, now the axe was laid at the root ? 
 
 Letter-book, 
 April 26, 
 
 1765. 
 
 Such was the magnitude of the evil at 
 firft, that all feemed to paufe, as if at a lofs 
 to fix upon any meafures for refilling it : 
 and Mr. Hutchinfon wrote that they were 
 waiting, not to know whether they muft 
 fubmit to a flamp duty, but when it was to 
 take place and under what regulations ; and 
 what further provifion was to be made, if 
 the duty fhould fall fhort of railing the 
 fums that the Colonies were to pay, which 
 report had fixed at ^3 30,000 llerling, in- 
 cluding the Weft-Indian illands. How was 
 the paufe which gave rife to this apparent 
 acquiefcence mifconltyued ! Inftead of a 
 
 fleep 
 
BERNARD. 
 
 2°3 
 
 fieep infufed by the opiate of parliamentary 
 power, it was like the filence which precedes 
 an earthquake, and forboded the convulfions 
 of a dreadful explofion to all the abetters of 
 the minifterial projections. 
 
 Attempts were firft made to unlock the 
 reftraints upon the language and proceed- 
 ings of the General Court. The obftruc- 
 tions to this lay chiefly in the Council ; and 
 Mr. Hutchinfon was the principal of them. 
 His removal therefore was to be perfevered 
 in ; and exertions were accordingly made 
 to effedt it, but as yet they proved ineffec- 
 tual. He ftill remained at the helm of 
 public affairs, directing them againft the ad- 
 verfe force of popular opinion, until it rofe 
 to fuch a height, as to overwhelm him and 
 his adherents in its irrefiftible violence. 
 
 Diflurbed as the minds of the people 
 were by the proceedings of Parliament, it 
 feems impoffible that the election of the old 
 Counfellors could have been the unbiaffed 
 ad of their reprefentatives. Intrigue muft 
 have had its fhare in bringing about a ftate 
 of things, which put the General Court into 
 a fituation fo truly humiliating. Whilft the 
 
 feelings 
 
204 
 
 BERNARD. 
 
 feelings of all men were alive to the critical 
 and dangerous ftate of the country, they 
 were fixed upon their feats to hear a fpeech 
 from the Governor, in which the caufe of the 
 general alarm was not mentioned ; and in an- 
 fwer to which it was not to be expected that 
 the prefent Council could be induced to take 
 it into view. He addreffed them upon the 
 manufacturing of pot-afhes, the raifing of 
 hemp, and carrying lumber to the Britifh 
 markets, which would furnifh them with 
 fufficient refources to pay for their imports, 
 and prevent any occafion of vainly attempt- 
 ing to transfer manufactories from their fet- 
 tled abode. He told them that it was their 
 happinefs that their fupreme legiflature, the 
 Parliament of Great-Britain, was the fanc- 
 tuary of liberty and juftice ; and that the 
 prince who prefided over it, realized the 
 idea of a patriot king : that they fhould 
 then furely fubmit their opinions to the 
 determinations of fo auguft a body, and ac- 
 quiefce in a perfeCt confidence that the 
 rights of the members of the Britifh empire 
 would ever be fafe in the hands of the con- 
 fervators of the liberty of the whole. 
 
 So fuccefsfully was the caufe of the ad- 
 vocates for the Britifh government managed 
 
 at 
 
BERNARD. 
 
 20 5 
 
 at the elections, that Mr. Hutchinfon, en- 
 couraged by it, prefented a memorial for an 
 allowance for his fervices as Lieutenant- 
 Governor, which was fupported by a fpecial 
 mefiage from the chair. But the Houfe of 
 Reprefentatives voted that they would not 
 commit them ; and that they would not 
 make any grant to the memorialift. 
 
 Inftead of anfwering the illufive fpeech of 
 the Governor, the Houfe proceeded to bu- 
 iinefs of more importance to their conftitu- 
 ents. After conlidering the difficulties of 
 the Colonies, and what dutiful addrefs it 
 might be proper to make to his Majefly 
 and the Parliament refpeding the late laws, 
 they proceeded to lay the foundation of the 
 American Revolution : they voted that it 
 
 was highly expedient there fhould be a 
 meeting, as foon as might be, of committees 
 from the Houfes of Reprefentatives or Bur- 
 geffes in the feveral Colonies on this conti- 
 nent, to confult together on the prefent cir- 
 cumftances of the Colonies, and the difficul- 
 ties to which they then were, and muil be 
 reduced by the operation of the late ads of 
 Parliament for levying duties and taxes on 
 the Colonies, and to conlider of a general 
 
 and 
 
 June aj. 
 
2o6 , 
 
 BERNARD. 
 
 and humble addrefs to his Majefty and th6 
 Parliament, to implore relief : that the meet- 
 ing fhould be held at New- York, on the firft 
 Tuefday cf October following : and that let- 
 ters be forthwith prepared and tranfmitted 
 to the refpediive Speakers of the feveral 
 Houfes of Reprefentatives or Burgeffes, to 
 advife them of this refolution, and to invite 
 them to join by their committees in the 
 meeting. The Houfe then prepared the 
 form of a circular letter and appointed a 
 committee in behalf of Maffachufetts, con- 
 fiding of James Otis, John Worthington, and 
 Oliver Partridge, Efquires ; but Mr. Wor- 
 thington excufing himfelf from the fervice, 
 Timothy Ruggles, Efq. was chofen in his 
 room. 
 
 This meafure was irrefiftible by the Gov- 
 ernor and his friends ; it was too confident 
 with the petition to the Houfe of Commons 
 which they had effected, now to meet with 
 their oppofition ; and the fpirit of the people 
 probably would not have borne with any 
 further management in the General Court 
 upon this fubjed:. Mr. Hutchinfon’s party 
 therefore acquiefced in what they could not 
 prevent, and endeavoured to procure mem- 
 bers 
 
BERNARD. 
 
 bers for the committee who might be fuit- 
 ablc to their views. How far they fuc- 
 ceeded in this will be feen hereafter. 
 
 Upon the rifing of the General Court, 
 there was publifhed, from the Gazette at 
 New- York, obfervations upon the minifteri- 
 al pretences of taxing the Colonies, in which 
 the do&rine of virtual reprefentation was re- 
 futed, and the power of Parliament ftri<ftly 
 examined. After {hewing the difference be- 
 tween the Colonies and the corporate towns 
 and bodies in England, who had no {hare 
 in the choice of members to Parliament, and 
 demonftrating that as every diftindt intereft 
 in a government ought to have its due 
 weight in the adminiftration of public affairs, 
 fo each of thofe interefts fhould have the ap- 
 pointment of Reprefentatives in number as 
 near as might be proportionate to their in- 
 terefl in and importance to the government 
 in general, this writer afferted, that where 
 there was an entire inconfiftency of interefts, 
 fo that the benefit of one muft neceffarily 
 be in the fame degree hurtful to the other, 
 that then thefe two interefts could never 
 unite in the fame government ; and apply- 
 ing this obfervation to the cafe of Great*- 
 
 Britain 
 
 207 
 
 June 25, 
 
BERNARD. 
 
 Britain and her Colonies, inferred that if 
 their interefts could not be made to coincide, 
 (which he believed they might) if the fame 
 conftitution might not take place in both, as it 
 certainly ought ; if the welfare of the moth- 
 er country neceffarily requires a facrifice 
 of the molt valuable national rights of the 
 Colonies, their right of making their own 
 laws, and difpofing of their own property 
 by reprefentatives of their own chooling ; 
 if fuch was really the cafe between Great- 
 Britain and her Colonies, then the connex- 
 ion between them ought to ceafe, and foon- 
 er or later muft inevitably ceafe, and per- 
 haps end in the total ruin of one or both of 
 them : that the Englifh government could 
 not long act towards a part of its dominions 
 upon principles diametrically oppofite to 
 its own, without lofing itfelf in the flavery 
 it would impofe upon the Colonies, or teach- 
 ing them to throw it off, and affert that free- 
 dom which was denied them by thofe, who 
 had no better right to it than themfelves. 
 Upon the fubje£t of a virtual reprefentation 
 this writer obferved, that if perfons here might 
 be reprefented in England without their own 
 choice ; then by parity of reafon, perfons 
 there might be reprefented here in the fame 
 
 manner. 
 
BERNARD. 
 
 209 
 
 manner. The laws pafled in the Colonies* 
 after obtaining the royal aflent, were of equal 
 force with ads of Parliament : fo that the 
 Colonifts had as really a legiflative power as 
 the people of England, and therefore if they 
 were to make ads of aflembly to levy taxes 
 upon the people of England, and obtain the 
 royal aflent to them, could any man tell why 
 thofe ads fhould not be as binding upon the 
 people of England as their ads were upon 
 the Colonifts ? There was indeed a differ- 
 ence in the power to enforce the ads. If 
 fuch an impofition would appear abomina- 
 ble to the people in England, let them be as 
 tender of the Colonial rights, as they would 
 wifh the Colonifts to be of their’s under a 
 reverfe of power, and fuch a time might pof- 
 fibly come in future ages. Even though it 
 fhould appear that there were feveral towns, 
 corporations, and bodies of people in Eng- 
 land, under fimilar circumftances to thofe of 
 the Colonies (which he proved was not the 
 cafe) yet that w r ould only fhew, that fome 
 of the people in England, as well as thofe 
 in America, were injured and opprefled ; 
 but it would fhew no fort of right for the 
 oppreflion. It would fhew that thofe places 
 
 ought 
 C c 
 
 VOL. II. 
 
210 
 
 BERNARD. 
 
 ought to join with the Americans in remon- 
 ftrances to obtain redrefs of grievances. As 
 to the dependency or independency of the 
 Colonies, it was not conceived that thofe 
 terms could be applicable to them. They 
 were a part of the Britiih dominions ; but 
 could one part of a kingdom be faid to be 
 dependent on another, when all have the 
 fame common rights ? They have indeed a 
 reciprocal dependence upon one another for 
 afiiilance, conveniency, and fecurity of their 
 common and refpe£tive rights ; but they do 
 not derive their rights from one another. 
 From the Author of nature alone they re- 
 ceive them. 
 
 At the fame time appeared the refolutions 
 of the Virginia aflembly, that his Majefly’s 
 liege people, the inhabitants of that Colony, 
 were not bound to yield obedience to any law 
 or ordinance whatever, defigned to impofe 
 any taxation upon them, other than the laws 
 or ordinances of their General Aflembly. 
 
 Thefe publications gave a great elevation 
 to the fpirits of the people ; and writers were 
 not wanting within the Province to enforce 
 fimilar political tenets, until a refolution 
 
 feemed 
 
BERNARD. 
 
 21 I 
 
 feemed to be taken that oppofition Should 
 affume a new appearance. Had the difpute 
 refpeding the ftamp ad: been fuffered to re- 
 main with the legislatures of the refpedive 
 countries, the courfe of events might have 
 been effentiaily different, and peace might 
 have continued for many years longer. 
 Such was the check upon the Governor al- 
 lowed to the voters in Maffachufetts, through 
 their reprefentatives, that they could have 
 withheld all means of executing any ad of 
 Parliament, which was obnoxious to the peo- 
 ple, whilft deeds of violence which might 
 have afforded a pretext for introducing for- 
 eign troops to enforce the laws would have 
 been avoided. But whether it was that the 
 meeting of Commiffioners at New-York was 
 appointed too near the commencement of 
 the ftamp ad, to produce any meafures in 
 feafon to prevent its operation ; or that it 
 was feared the minds of the members might 
 be Shaken, fo as to difeover lefs firmnefs in 
 afferting the rights of the Colonifts than they 
 ought ; or that the general impatience was 
 too violent to wait for the iflue of their pro- 
 ceedings, certain it is, the controverfy was 
 aflumed by the people. 
 
A 
 
 212 
 
 BERNARD. 
 
 On the 14th of Auguft an effigy was found 
 hanging on a tree, afterwards well known by 
 the name of liberty-tree, at the foutherly part 
 of the main ftreet of Boflon, with marks 
 fufficiently indicative of .its reprefenting 
 Andrew Oliver, Efq. the propofed diftributor 
 of ftamps in the Province. Accompanying 
 this were emblems intended for Lord Bute, 
 and the wicked motives which fuggefted the 
 odious ads of Parliament. Mr. Hutchin- 
 fon, as Chief Juftice of the Superiour Court, 
 direded the Sheriff to take this pageantry 
 away, and in cafe any perfons fhould oppofe 
 him, to report their names, and a warrant 
 fhould be granted to apprehend them. But 
 the Sheriff’s deputies thought it not fafe to 
 attempt cutting down the effigies, as they 
 found the people had determined to take it — 
 in the evening and bury it in form. The 
 Governor met the Council ; and they 
 thought that if this was fuffered to be done, 
 all would be quiet afterwards. At night a 
 bier was prepared, and the images, being 
 placed on it, were carried, amidft the accla- 
 mations of an immenfe colledion of people, 
 through the Court -houfe, whilft the Council 
 were fitting in the chamber, down King- 
 flreet, to a finall brick building fuppofed to 
 
 have 
 
BERNARD. 
 
 213 
 
 have been ereded by Mr. Oliver for the re- 
 ception of the (lamps. This was quickly 
 levelled with the ground, and all proceeded 
 to Fort-Hill, near which flood Mr. Oliver's 
 houfe, to burn the pageantry. Mr. Hutch- 
 infon and other friends of Mr. Oliver, find- 
 ing his family to be in great terror, perfuad- 
 ed both to quit their dwelling, but remain- 
 ed themfelves, which gave fome appearance 
 of oppofition. An attack was made by 
 breaking the windows and pulling down a 
 fence, after which the people entered the 
 houfe and deflroyed part of the furniture. 
 The Governor delivered an order to Mr. 
 Hutchinfon, at his requeft, and to be ufed 
 at his difcretion, direding the Colonel of the 
 regiment in Boflon to order it under arms. 
 But Mr. Hutchinfon afterwards preferred 
 attempting to difperfe the rioters by his own 
 influence. They (hewed him very little re- 
 fped, and after compelling him to fave him- 
 felf by flight, which he did not effed with- 
 out rough ufage, they feparated. On the 
 next day Mr. Oliver thought it expedient to 
 authorize feveral gentlemen to announce on 
 the exchange, that he had declined having 
 any concern with the office of Stamp-Maf- 
 ter j but in the evening a bonfire was made, 
 
 and 
 
214 
 
 BERNARD. 
 
 and a repetition of this declaration was found 
 to be neceffary for quieting the people who 
 had affembled around it. When this was 
 done, they drew off to the houfe of the Lieu- 
 tenant-Governor, and fhewed a ftrong dif- 
 polition to affail it, demanding fatisfadion 
 from him relative to the report of his being 
 in favour of the ftamp ad, and requiring his 
 affurance that he was not. Mr. Hutchinfon 
 had fecured his houfe, and having concealed - 
 himfelf within it, declined appearing. A 
 prudent citizen came forward, and undertook 
 to be refponfible that Mr. Hutchinfon was 
 not in favour of any ad, which would be 
 injurious to the country. He obferved that 
 they were about to ill treat a man, who had 
 been forty years in its fervice, and reminded 
 them how unreafonable it was that an officer 
 in his ftation fhould be held accountable to 
 them in fuch a manner. The perfuafion of 
 this man, who had an influence in town- 
 meetings, induced the body to move off, and 
 for this time faved further outrage. Had 
 the popular indignation flopped here, the 
 degree of violence might have been confid- 
 ered as juflified by the provocation ; and 
 fuch as was neceffary to give a tone to the 
 proceedings of the public agents. But this 
 
 line 
 
BERNARD. 
 
 3i 5 
 
 line was foon pafled over, and the caufe was 
 eflentially injured and difgraced by increafed 
 outrage and brutal deftru&ion. Perhaps the 
 fun of liberty muft always rife in the mill 
 of anarchy, and gradually difpel its noxious 
 vapours, as he afcends to his meridian luftre. 
 
 After thefe difturbances Mr. Hutchinfon 
 retired to his houfe at Miiton, and returned 
 on the 26th of the month. There foon ap- 
 peared fymptoms of renewed tumults ; but 
 it was fuppofed that he had received his 
 {hare of popular difpleafure. This however 
 was a great mifcalculation of its continuance 
 and malignity. About twilight a bonfire in 
 King-ftreet was the fignal for afifembling ; 
 and when the number of rioters had become 
 fufficient, they proceeded to the houfe of 
 William Story, Efq. Deputy Regifter of the 
 Court of Vice-Admiralty, whofe office was 
 unpopular, and whofe conduct was faid to 
 have given offence to many. This was laid 
 open to their rage, and his private papers, as 
 well as the records and files of the court, 
 were configned to the flames or otherwife 
 deftroyed. The houfe of Benjamin Hal- 
 lowell, jun. Efq. Comptroller of the Cuftoms, 
 next met their fury. After breaking his 
 
 windows, 
 
2l6 
 
 BERNARD. 
 
 windows, they entered, dedroyed his furni- 
 ture, purloined his money and papers, and 
 rioted on the liquors in his cellar, until in- 
 toxication heightened their rage to madnefs. 
 Thus brutalized, they directed their courfe to 
 the Lieutenant-Governor’s dwelling, where 
 his domedic happinefs in the enjoyment of 
 his children at once formed a driking con- 
 trail to their diabolical employment, and 
 furniihed defirabie victims for their malice. 
 This family circle was indantly difperfed, 
 and after clofing the houfe, Mr. Hutchinfon 
 was conflrained to follow, by fecret paifages, 
 to fave his life. All was now delivered up to 
 a triumphant demonocracy, which exercifed 
 its force eifedlually until day-light, when 
 one of the bed houfes in the Province was 
 prefented in complete ruin, the very parti- 
 tions being beat down, and nothing remain- 
 ing but the naked walls and floors. The 
 plate, family pictures, mod of the furniture, 
 wearing apparel, the books and manufcripts 
 which had been thirty years collecting, with 
 about jT 900 derling, in cadi, were dolen 
 away or dedroyed : fo that, on the next day, 
 when the want of a quorum of the Judges ne- 
 cefliated Mr. Hutchinfon as Chief Judice to 
 take his feat at the Superiour Court, he was 
 
 obliged 
 
BERNARD. 
 
 obliged to appear in his only fuit, and with- 
 out the habiliments of his office. 
 
 All difa vowed thefe infamous proceedings. 
 The town of Bofton on the next day voted 
 unanimoufly, at a full meeting, that the 
 Selectmen and magiftrates be defired to ufe 
 their utmoft endeavours agreeable to law, to 
 fupprefs the like diforders for the future, and 
 that the freeholders and other inhabitants 
 would do every thing in their power to affift 
 them therein. And the magiftrates with the 
 Cadets and other military companies kept a 
 night watch for the prefervation of peace and 
 order. The Governor likewife ifiued his 
 proclamation, with the advice of Council, 
 offering rewards for difcovering any perfon 
 concerned in either of the riots. Thefe 
 however had no effect, as very few were 
 apprehended, and thofe who were, after- 
 wards broke gaol and efcaped. 
 
 Falfe reports having preceded the com- 
 motions of the people, and it being now 
 fuggefted that the ftamped papers were, upon 
 their arrival, to be lodged at the Caftle, not 
 merely for fafe keeping, but to be thence dif- 
 
 tributed j 
 D d 
 
 VOL. II. 
 
siS 
 
 BERNARD. 
 
 tributed ; the Governor thought proper to 
 make a declaration to the Council, in con- 
 firmation of what he had faid in private, that 
 he had no authority for diftributing the 
 ftamped paper, and that he fhould not be fo 
 imprudent as to undertake a bufinefs to 
 which he had no appointment, and make 
 himfelf anfwerable for large fums of money, 
 the receipt of which he could not attend to, 
 and had no power to direct or order ; and 
 this declaration was publilhed at the requeft 
 of the Council. 
 
 The period for trying the ftrength of par- 
 ties in executing the {tamp act was near at 
 hand. The Governor having prorogued 
 the General Court to the twenty-fifth of 
 September, five days before the time align- 
 ed for the commencement of it, iffued his 
 proclamation for the pundtual attendance of 
 the members. Had the ftruggle come on 
 under all the impreffions made by the riots, 
 without the influence of any external event, 
 the advantage to the parliamentary caufe 
 mud have been great. But advice was daily 
 received of fimilar proceedings, though not 
 fo flagrant, in other Colonies, and the glad 
 tidings of a change in the miniftry arrived 
 
 from 
 
BERNARD. 
 
 219 
 
 from England. Thefe circumftances opera- 
 ted heavily againft the Governor and his ad- 
 herents, who could not have approved of the 
 ftamp aft in the beginning, however they 
 might have favoured the general principle of 
 taxing America. It was too great a ftep for 
 the outfet ; further advances fhould have 
 been firft made by external duties ; and the 
 encroachments upon internal taxation fhould 
 have been directed and graduated with the 
 moll fcrupulous attention to popular preju- 
 dice. But, let their opinions have been 
 what they might, they determined upon 
 exerting their utmoft powers to enforce the 
 aft. They endeavoured to put the caufe 
 upon this ground, that either the ftamp duty 
 mull be fubmitted to, or all trade mull ceafe, 
 and all courts and other lawful authority fall, 
 and throw the whole community into con- 
 fulion. Upon this principle the Governor 
 collefted all the arguments perfuafive and 
 terrific which the fubjeft afforded, at the 
 affembling of the General Court. He told 
 them that the ordinary executive authority 
 was much too weak to contradift the dec- 
 larations which had been made and ftill fub- 
 fifted, that the ftamp aft fhould not be exe- 
 cuted within the Province, or to oppofe the 
 
 force 
 
220 
 
 BERNARD. 
 
 force by which they were fupported. It 
 had therefore been found neceffary to call 
 the whole legillative power in aid of the 
 executive government, and that from this 
 time the arduous bufinefs would be put into 
 their hands, and it fhould become a Provin- 
 cial concern : that the right of the Parlia- 
 ment of Great-Britain to make laws for the 
 American Colonies, however it had been 
 controverted in America, remained indifput- 
 
 able at Weftminifter. 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * * * * * * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 ****** 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 * 
 
 The Reprefentatives immediately after the 
 delivery of this fpeech railed a committee to 
 frame an anfwer which might counteract its 
 elfedt upon the people, and railed another 
 committee to confider the affairs of the 
 Province with reference to the operation of 
 the ftamp aCt, who reported that * * * 
 
 ******* * * * * * 
 
BERNARD. 
 
 221 
 
 CHAP. IX. 
 
 Unfinifhed. 
 
 P OLITICS frequently afford us cafes* 
 where effects are produced by remote and 
 accidental caufes ; and when there are infu- 
 perable impediments to the fair operation of 
 reafon and juftice, fome fubftitute arifing 
 from the paffions or interefts of men is found 
 to bring about what a more honourable mo- 
 tive ought promptly to have executed : fo 
 that whilft we view on the one hand many 
 laudable efforts fail of their objects, we fee 
 on the other many things expedient and 
 right refulting from indifferent and unwor- 
 thy defigns. The repeal of the ftamp adt 
 affords a ftriking example of this. It was 
 not renounced becaufe Parliament had not 
 a right to impofe it, nor becaufe it was op- 
 preffive to thofe who were not obliged by 
 law to bear it, nor from the important con- 
 fideration of its alienating the affedtions of 
 the whole Britifh Colonies and its probable 
 confequences of alienating their allegiance to 
 the Crown ; but becaufe Mr. Grenville, who 
 
 was 
 
22 
 
 BERNARD. 
 
 was the author of it, difagreed with the King 
 about making up a regency in cafe of * * 
 * * * * * * This t h rew him out 
 
 of office, and the fucceeding minifters repeal- 
 ed the law, with a thoufand better reafons 
 for doing fo, becaufe, he made it % 
 
 END OF VOL. II. 
 
 



 
DATE DUE 
 
 r — 
 
 Iliad - 
 
 iuua 
 
 
 
 l 
 
 low 
 
 
 
 
 
 
 
 Jut J T1 
 
 99T 
 
 
 
 crn * 3 
 
 IQQt 
 
 
 
 
 
 
 
 APR ^ U 
 
 592“ 
 
 
 
 
 
 
 
 vy : a iqqq 
 
 
 
 
 
 
 
 
 — 
 
 k* M ' ' ^ in 
 
 1*) 
 
 
 
 
 
 
 
 
 
 
 
 
 MAY 19 l ( 
 
 392 
 
 
 
 % 
 
 nrT - 1 
 
 lonai. 
 
 
 
 UO 1 « 
 
 ’ lUU“ 
 
 
 
 
 •