1 
 
Digitized by the Internet Archive 
 in 2017 with funding from 
 Duke University Libraries 
 
 https://archive.org/details/papersrelatingto01elwy 
 
PAPERS 
 
 RELATING TO 
 
 PUBLIC EVERTS IN MASSACHUSETTS 
 
 PRECEDING THE 
 
 AMERICAN REVOLUTION. 
 
 PHILADELPHIA: 
 
 PRINTED FOR THE SEVENTY-SIX SOCIETY. 
 T. K. AND P. G. COLLINS, PRINTERS. 
 
 1 856 . 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The following papers are from the collection of manuscripts, 
 relating to the period immediately .preceding the commencement 
 of hostilities in Massachusetts between Great Britain and the 
 American Colonies, in the possession of Dr. A. L. Elwyn, of 
 this city. Most of them, it is believed, now appear in print for 
 the first time. 
 
 Dr. Elwyn’s collection also embraces a very valuable series 
 of papers relating to the events of the war in other parts of the 
 Union, from which it is proposed to make a selection of the 
 most valuable and interesting for our next publication. 
 
 Philadelphia, July, 1856. 
 
MASSACHUSETTS PAPEES. 
 
 In* the House of Repeesehtattves, Oct. 29th. 1765. 
 
 Accobdeyg to tie order of tie day, tlere being a Yery foil 
 House, tie following draft, which, being laid on tie Table, was 
 particularly considered, and thereupon woted. 
 
 TYIereas, tie first rights of His Majesty's subjects of this 
 Prowince, derived to them from tie British Constitution, as 
 well as tie Boyal Charter, have been lately drawn into Ques- 
 tion, in order to ascertain the same, this House do unanimously 
 come into the following Resolves : — 
 
 1. Resolved, That there are certain essential Rights of the 
 British Constitution of Government which are founded, in the 
 Law of God and Mature, and are the Common Rights of Man- 
 hood. 
 
 2. Therefore Resolved , That the Inhabitants of this Province 
 are unalienably entitled to those essential Rights in common 
 with all men ; And that no Law of Society can, consistent with 
 the Law of God and Mature, divest them of those Rights. 
 
 3. Resolved , That no man can justly take the Property of 
 another without his consent ; And that upon the original Prin- 
 ciple, the Right of Representation in the same Body, which 
 exercises the power of making Laws for Levying Taxes, which 
 is one of the main Pillars of the British Constitution, is evi- 
 dentlv founded. 
 
 1 
 
2 
 
 MASSACHUSETTS PAPERS. 
 
 4. Resolved , That this inherent Right, together with all other 
 essential Rights, Liberties, Privileges, and Immunities of the 
 People of Great Britain, have been fully confirmed to them by 
 Magna Charta, and by former and later Acts of Parliament. 
 
 5. Resolved , That His Majesty’s subjects in America are, in 
 Reason and Common Sense, entitled to the same extent of 
 Liberty with His Majesty’s subjects in Britain. 
 
 6. Resolved , That by the declaration of the Royal Charter of 
 this Province, the Inhabitants are entitled to the Right, Liber- 
 ties, and Immunities of free and Natural subjects of Great Bri- 
 tain to all Intents, Purposes, and Constructions whatever. 
 
 7. Resolved , That the Inhabitants of this Province appear to 
 be entitled to all the Rights aforementioned by an Act of Par- 
 liament, 13th of Geo. 2d." x ' 
 
 8. Resolved , That the Rights do belong to the Inhabitants of 
 this Province, upon Principles of common Justice, their ances- 
 tors having settled this Country at their sole expense, and their 
 Posterity having constantly approved themselves most Loyal 
 and faithful subjects of Great Britain. 
 
 9. Resolved , That every individual in the Colonies is as ad- 
 vantageous to Great Britain as if he were in Great Britain, and 
 held to pay his full proportion of Taxes there. And as the 
 inhabitants of this Province pay their full proportion of Taxes, 
 for the support of His Majesty’s Government here, it is unrea- 
 sonable for them to be called upon to pay any part of the 
 charges of the Government there. 
 
 * Chapter VII. of the Acts of Parliament, passed in the 13tli year of George 
 II (A. D. 1840), seems to be the Act here referred to. It provides that fo- 
 reigners living for seven years in any of the British Colonies in America should 
 he deemed and taken to be natural born subjects of His Majesty upon taking 
 and subscribing the Oaths and Declaration prescribed by the Act of George I., 
 entitled An Act for the further security of His Majesty’s Person and Govern- 
 ment, and the succession of the crown in the heirs of the late Princess Sophia, 
 being Protestants, and for extinguishing the hopes of the pretended Prince of 
 Wales. 
 
MASSACHUSETTS PAPERS. 
 
 3 
 
 10. Resolved , That the Inhabitants of this Province are not, 
 and never have been represented in the Parliament of Great 
 Britain, And that such a Bepresentation there, as the subjects in 
 Britain do actually and rightfully enjoy, is impracticable for the 
 subjects in America. And further, That in the opinion of this 
 House, the several subordinate Powers of Legislation in Ame- 
 rica were constituted upon the apprehensions of this Impractica- 
 bility. 
 
 11. Resolved , That the only method whereby the Constitu- 
 tional Bights of the subjects of this Province can be secure, 
 consistent with a subordination to the Supreme Power of Great 
 Britain, is by the continued exercise of such Powers of Govern- 
 ment as are granted in the Boyal Charter, and a firm adherence 
 to the Privileges of the same. 
 
 12. Resolved , As a just conclusion from some of the foregoing 
 Besolves, That all Acts made by any Power whatever, other 
 than the General Assembly of this Province, imposing Taxes 
 on the Inhabitants, are infringements of our interest and unalien- 
 able Bights as men and British subjects, and render void the 
 most valuable Declarations of our Charter. 
 
 13. Resolved , That the extension of the Powers of the Court 
 of Admiralty within this Province is a most violent Infraction 
 of the Bight of Trial by Juries — A Bight which this House, 
 upon the Principles of their British Ancestors, hold most dear 
 and sacred, it being the only security of the Lives, Liberties, 
 and Properties of His Majesty’s subjects here. 
 
 14. Resolved , That this House owe the strictest allegiance to 
 His most sacred Majesty, King George the Third, That they 
 have the greatest veneration for the Parliament, And that they 
 will, after the Example of all their Predecessors from the settle- 
 ment of this Country, exert themselves to the utmost in sup- 
 porting His Majesty’s Authority in this Province, in Promoting 
 the true happiness of His subjects, and in enlarging the extent 
 of His Dominions. 
 
4 
 
 MASSACHUSETTS PAPERS. 
 
 Ordered , That all the foregoing Resolves be kept in the Re- 
 cords of this House, That a just sense of Liberty, and the firm 
 sentiments of Loyalty, may be transmitted to Posterity. 
 
 SAM. WHITE, Spier . * 
 
 SAMUEL WHITE, SPEAKER OF THE HOUSE OF REPRESENTATIVES OF 
 MASSACHUSETTS, TO DENNIS DE BERDT.f 
 
 Boston, Nov. 7, 1765. 
 
 Sir: 
 
 The late General Congress of the British Colonies at New 
 York, having agreed to recommend it to the respective Assem- 
 blies to appoint special Agents to solicit and pursue the several 
 Petitions there agreed on, and thence forwarded to Great Britain, 
 in consequence of said Recommendation the House of Repre- 
 sentatives of that Province, have by a large majority made 
 choice of you as their Agent to the special Purposes above 
 mentioned. 
 
 * “ Hon. Samuel White, a native of Braintree, was probably the first Bar- 
 rister at Law residing in the town of Taunton. He graduated at Harvard 
 College in 1731, and located in Taunton, as a lawyer, about the time the courts 
 began to be held there, that is, in 1745. He was great grandson of Thomas 
 White, early at Weymouth. Samuel White was born in 1710, and died 
 March 20th, 1769. He had the honor of presiding over the House of Repre- 
 sentatives during the period of the Stamp Act. It was the circular signed by 
 him, as Speaker of the House, which called together the first Congress that 
 assembled at New York, in October, 1765. He may be considered, therefore, 
 as one of the men who exerted an important influence in the incipient steps 
 towards Revolution.” — Emery’s Ministry of Taunton. 
 
 f Dennis (or Denys, as the name seems to have been originally written) 
 De Berdt, was a London Merchant, of Huguenot extraction. He was agent for 
 “ the three lower counties,” now the State of Delaware, as well as for Massa- 
 chusetts. His portrait is to be seen in the State House at Boston. Gen. 
 Joseph Reed, of the Army of the Revolution, married his daughter Esther, a 
 Memoir of whose life, written by her Grandson, William B. Reed, Esq., was 
 privately printed in 1853. 
 
MASSACHUSETTS PAPERS. 
 
 5 
 
 Mr. Jackson, the standing Agent for the Province, by a letter 
 from the House in their May Session, received instructions how 
 to conduct himself in this arduous affair. You will consult 
 him and the Agents of the other Colonies, and exert your 
 Abilities and Influence to serve us, and join with them in re- 
 taining such Council as may be needful. You will have a copy 
 of the Opinion of Congress upon the Rights and Privileges of 
 the Colonists; as also copies of the Petitions agreed on, with 
 the Resolves of this House, which will fully explain to you, 
 and the other Agents, what their Constituents expect of them. 
 We must believe if our Petitions are sincerely presented, and 
 duly attended to, that His Majesty and the Parliament will be 
 Graciously pleased to relieve two or three millions of very 
 dutiful, loyal and useful subjects from their present Distresses. 
 We wish you success in your Negociations and Prosperity in 
 your own affairs, and am with the greatest esteem 
 
 Yr’s, &c. 
 
 In behalf of the House of Representatives, 
 
 SAM. WHITE, Spk’r. 
 
 P. S. — The House takes this opportunity to acquaint you, 
 that they have directed the Province Treasurer to remit to you 
 Two hundred Pounds sterling, to enable you to solicit and pur- 
 sue the before mentioned Petitions. Your services will be con- 
 sidered hereafter. 
 
 To Dennis Dubert, Esq. 
 
 Endorsed: Boston, JSTov. 7th, Sam. White, Speaker to the 
 House of Representatives. Received December 12th, 1765. 
 
G 
 
 MASSACHUSETTS PAPERS. 
 
 LETTER FROM JAMES OTIS AND OTHERS, TO DENNIS DE BERDT.* 
 
 Boston, Decem. 21, 1765. 
 
 Sir : 
 
 The House of Representatives of this Province, having ap- 
 pointed you their Agent for the Purposes mentioned in their 
 Letter to you, is the occasion of our writing to you; not indeed 
 by Order, but as individual members. The House was so fully 
 informed of your ability and inclination to serve the Province, 
 that your election was soon determined by a very great major- 
 ity. W e hope you will have received the Advice of your Ap- 
 pointment before this comes to hand, and we may assure you 
 that your acceptance of the Trust will give general satisfaction 
 to the Good People here. 
 
 His Majesty’s subjects of this Province are very uneasy, at 
 several Acts of Parliament lately made, by which their trade is 
 greatly obstructed, and unless a Remedy is applied, it is feared 
 must soon be ruined. It has been very justly observed, that 
 the advantages drawn from America to Great Britain, are to 
 arise from Commerce, and therefore, to encourage and promote 
 that, is her sure Policy. The Profits of the Trade of the Colo- 
 
 * Thomas Cushing was born in 1725, and graduated at Harvard College, in 
 1744. He represented Boston in the Provincial House of Representatives, of 
 which he was chosen Speaker, a post which his father had previously filled. 
 He was a Member of the First and Second Congresses, and afterwards succes- 
 sively a Member of the Council, Judge of the Courts of Common Pleas and 
 of Probate for Suffolk County, and Lieutenant Governor of the State, which 
 last office he filled at the time of his death, February 28th, 1778. He is de- 
 scribed as having possessed great abilities, and as having been a friend to 
 learning. 
 
 Thomas Gray was a Merchant, residing in Boston, of which town he was one 
 of the Four Representatives in “ the General Court,” as the House of Assembly 
 was then called, during the year 1765. 
 
 Edward Slieafe, was originally from New Hampshire. 
 
 Of the two other Signers of this letter, it must be unnecessary to say a word 
 here. 
 
MASSACHUSETTS PAPERS. 
 
 7 
 
 rues, through its several channels center in Britain, and there- 
 fore, to stop these channels must be evidently to her prejudice. 
 This will be the case while the Sugar Act remains in Force. 
 The English West India Islands do not produce sufficient for 
 the consumption and Trade of the Continent. To confine us 
 then to these Islands must diminish the trade. — It will in a 
 great measure even dry up its very source. Our trade to the 
 West Indies and our Fishery are mutual supports to each other. 
 They are indeed, jointly the grand basis of the whole. The 
 Duty of three pence per gallon on foreign Molasses amounts to 
 a full Prohibition, and must soon put a stop to that Branch. — 
 As one third part at least, of all the Fish that is taken is fit for 
 no other market, it is easy to conceive how much our Fishery 
 must be injured. It is much to be feared, that so great a loss 
 of labor added to the usual expense of carrying it on will prove 
 a total discouragement to it. The Colonies may in consequence 
 of this be put upon contriving some other methods, perhaps to 
 their own greater advantage, and not so beneficial to the nation. 
 Be that as it may, it is certain there will be an end to Remit- 
 tances that are now made to Spain, Portugal, and other parts of 
 Europe, through which the greatest part of the Produce of 
 America, and the Profits of the Trade flow into Great Britain 
 and set her Manufacturers of all kinds to work. By means of 
 the Trade of the Colonies, as hitherto carried on, millions of 
 them have been enabled yearly to consume British Manufac- 
 tures. An attempt to raise Revenues out of their Trade, as it 
 will in effect advance the price of your Manufactures, will re- 
 duce the People to the necessity of setting up Manufactures of 
 their own. Their necessity will quicken their Invention, and 
 they will become by degrees less useful and in time entirely 
 useless to the Mother Country. But we humbly apprehend it 
 would appear too partial for a Nation to confine her Views to 
 her own Interest in regulating the Trade of her Colonies. 
 There is Justice due to them as subjects. — As such they have 
 an equal Right with the Inhabitants of Britain, of making use 
 
8 
 
 MASSACHUSETTS PAPERS. 
 
 of Trade and all other honest means of subsisting and enrich- 
 ing themselves. The nation would show her Wisdom in 
 cherishing the Trade of the Colonies, while she reaps so large a 
 share of the Profits of it, but to abridge their Trade, even 
 though it should not be an advantage to her, unless it also evi- 
 dently appears to be carried on to her prejudice, would not 
 seem to be just. 
 
 The Colonists have as great a Regard for Right, Liberty, 
 and Justice as any People under Heaven. And they generally 
 have knowledge enough to discover when their Rights are in- 
 fringed. If this be true, you will own they merit the esteem 
 of every man of Sense in England, especially when it may be 
 justly added that they are, and ever have been, as loyal sub- 
 jects as any the King has. They hold themselves intitled to 
 all the inherent unalienable Rights of Nature, as men, and to 
 all the Essential Rights of Britons, as subjects. The Common 
 Law of England, and the grand leading Principles of the 
 British Constitution have their foundation in the Laws of 
 Nature and universal reason. Hence one would think that 
 British Rights are in a great measure unalienable , the Rights of 
 the Colonists, and of all men else, j The American subjects are 
 by Charters from the Crown and other royal Institutions 
 declared intitled to all the Rights and Privileges of natural 
 born subjects within the Realm, and with good reason, for as 
 emigrating subjects, they brought the Rights and Laws of the 
 Mother State with them. / Had they been conquered, we pre- 
 sume that by the British Constitution after taking the Oaths 
 of Allegiance they would be acknowledged as free Subjects — 
 much more when they have been neither Rebels nor Enemies, 
 but have greatly merited of their Mother Country, by subdu- 
 ing and settling a large Continent, to the amazing increase of 
 National Power and Wealth. Let it be observed that the New 
 England Provinces were settled by our Ancestors, who came 
 over but little more than a Century ago. And they have been 
 defending them without a Farthing expense to the Crown or 
 
MASSACHUSETTS PAPERS. 
 
 9 
 
 any private man in England, ’till the last War, when the Na- 
 tion began to see their real importance. By the Act of 18th 
 Geo. 2nd, for naturalizing Foreigners, the Colonists, are con- 
 sidered as natural born Subjects, and intitled to all the essen- 
 tial Bights of such. The primary, Absolute natural Bights of 
 Englishmen, as frequently declared in Acts of Parliament from 
 Magna Charter to this day are Personal Security , Personal 
 Liberty, and Private Property, and to these rights the Colonies 
 are intitled by Charters, by Common Law, and by Acts of 
 Parliament. Can it then be wondered at that the Act for 
 levying Stamp Duties upon the Colonies should be astonishing 
 to them since in Divers respects it totally annihilates these 
 Bights. It is a great fundamental Principle of the British 
 Constitution that the Supreme Power cannot take from any 
 man any part of his Property without his consent in person, or 
 by Bepresentation. It is certain the Consent of the Colonists 
 was in no sense had in Parliament, nor even asked when this 
 Act was made to tax them. They never had the Beturn of 
 one Member of Parliament, not a single vote in the Election of 
 one. The Bight of Trials by Juries is also justly esteemed a 
 main Pillar of the British Constitution, and the best Security 
 of the Lives, Liberty, and Property of the Subjects — but by 
 this Act, the Property of the American Subjects is triable at 
 the option of an Informer by Courts of Admiralty without 
 Juries. The Bight of Bepresentation and the Argument 
 against this Tax founded upon it, is so Constitutional, that the 
 writers in favor of it have been put to great shifts to evade it. 
 We have been told that we are virtually represented, but we 
 must desire an explanation of this vague Term before we can 
 give it a serious consideration. We are put upon a footing 
 with Birmingham, Manchester, and other Towns in England, 
 who, they say, send no Bepresentatives, and yet are taxed. 
 But have not those Towns a Constitutional Bight to be repre- 
 sented, and if they chuse to waive it, can that be a good 
 reason for taxing the Colonies without a Bepresentation? 
 
10 
 
 MASSACHUSETTS PAPERS. 
 
 Would it not be equally reasonable for the majority of the 
 Members of Parliament to deprive the Constituents of the 
 Minority of the same Eight, and tax them at Discretion ? But 
 Birmingham and the few Towns who send no members cannot 
 be deemed reasonable Precedents for taxing all America, when 
 it is considered that all Counties in England return members, 
 and all Freeholders have a vote in their Election, and so in 
 Fact are represented. In the Act of the First of James the 
 First, where in the Parliament recognized their Faith, Obedi- 
 ence, and Loyalty to Ilis Majesty and Eoyal progeny it is de- 
 clared that in that High Court of Parliament, all the whole 
 body of the Kealm, and every particular member thereof, 
 either in Person or by Eepresentation, upon their own Free Elec- 
 tion are by the Laws of this Eealm deemed to be personally 
 Present. But can it with the least shadow of Truth be said 
 that the Colonies are there in Person or by Eepresentation, 
 upon their own Free Election? Yet the general superintend- 
 ing Power of the Parliament over the whole British Empire is 
 clearly admitted here, so far as in our circumstances is consist- 
 ent with the enjoyment of our essential Eights as Freemen 
 and British Subjects ; and we humbly conceive that by the 
 Constitution, it is no further admissible by Great Britain 
 herself. 
 
 When we plead the right of Eepresentation we only mean 
 to have our not being represented upon our own free Election 
 considered as a reason why we should not be taxed by the 
 Parliament ; and we apprehend, that as we are intitled to all 
 the Eights of British Subjects, it is a Eeason that cannot be 
 withstood without violence to the Constitution. We are far 
 however from desiring any Eepresentation there, because we 
 think the Colonies cannot be equally and fully represented ; 
 and if not equally, then in effect not at all. A Eepresentative 
 should be, and continue to be well acquainted with the Internal 
 Circumstances of the People whom he represents. It is often 
 necessary that the circumstances of Individual Towns should 
 
MASSACHUSETTS PAPERS. 
 
 11 
 
 be brought into comparison with those of the whole, so it is 
 particularly when Taxes are in consideration. The Propor- 
 tionate part of each to the whole can be found only by an 
 exact knowledge of the internal Circumstances of Each. Now 
 the Colonies are at so great a distance from the Place where 
 the Parliament meets, from which they are separated by a wide 
 Ocean, and their circumstances are so often and continually 
 varying, as is the case in Countries not fully settled, that it 
 would not be possible for men tho’ ever so well acquainted 
 with them at the beginning of a Parliament, to continue to 
 have an adequate knowledge of them during the existence of 
 that Parliament. If a Representative cannot be supposed to 
 have an exact knowledge of the abilities of his constituents in 
 proportion to the whole, when a general Tax is under conside- 
 ration, he cannot be said to represent them, so far at least, as 
 respects this very essential concern. He must be a mere 
 Cypher in the House, for he can give neither Yea nor Nay ; 
 for want of a material knowledge. An unequal proportion in 
 Taxes may naturally be expected from so partial and insuffi- 
 cient a Representation which it is most likely would be to the 
 prejudice of the Colonies ; for without supposing an undue 
 Bias in the House of Commons, which, however, may possibly 
 hereafter take place, it is to be considered that the taxes of the 
 People in Britain will be lighter in proportion to what is laid 
 on the Colonies ; and if what the Colonies ought to bear is a 
 matter of mere conjecture, it is not likely that the Nation, in 
 such a case, would form an estimate to her own prejudice. In 
 short it appears to us that the Nation would not only be a 
 party, but the judge too, without that knowledge or the possi- 
 bility of having it, which would be necessary to form a right 
 judgment or even any at all. The Stamp Act itself may serve 
 to show how liable even the Parliament may be to err in this 
 important matter, for want of an adequate knowledge of the 
 Circumstances of the Colonies, while they meant only to lay 
 upon them a reasonable Tax. The Minister, tho’ he was at 
 
12 
 
 MASSACHUSETTS PAPERS. 
 
 the pains of getting all the information he could, from some 
 gentlemen of reputed knowledge of the Colonies, then in Eng- 
 land, has procured a Parliamentary Tax upon them, amount- 
 ing, as we are told, to a much greater sum than either he or the 
 Parliament, or even those Gentlemen who had so lately left the 
 Colonies, imagined it would. Such mistakes in point of Tax- 
 ation, we are apt to think, would generally and unavoidably be 
 made, even tho’ we should be represented as fully as our great 
 Distance from England and different circumstances would ad- 
 mit of. 
 
 The several Subordinate Powers of Legislation in America 
 seem very probably to have been constituted upon their being 
 considered as free Subjects of England, and the Impossibility 
 of their being represented in the Parliament ; for which Reason 
 these Powers ought to be held sacred. By means thereof that 
 Liberty which they justly claim as their birthright is establish- 
 ed. To deprive them of these subordinate Powers, which is in 
 effect done by the Stamp Act, destroys that Liberty. The 
 Exercise of Parliamentary Jurisdiction in levying external and 
 internal Taxes on the Colonists while they are not and cannot 
 be represented, is inconsistent with any degree of Freedom. 
 It brings them under a Government essentially different from 
 that which their fellow Subjects in Britain are under. The 
 American Powers of Government are rather to be considered 
 as matters of Justice than Favour — without them they cannot 
 enjoy that Freedom, which, having never forfeited, no power 
 on earth has any right to deprive them of. 
 
 The Charter of this Province invests the Power of making 
 Laws for its internal Government in the General Assembly. 
 Our Laws are made with the consent of Representatives of our 
 own Free Election. The people are all personally present by 
 their Representatives in the Assembly which governs and taxes 
 them — and thus the full enjoyment of those essential Rights 
 which justly belongs to them as subjects of Great Britain is 
 preserved. At the same time that Dependence and Subordina- 
 
MASSACHUSETTS PAPERS. 
 
 13 
 
 tion which they are ever ready to acknowledge will appear to 
 be effectually secured, when it is considered, that their Laws 
 must first have the concurrence of the Council, upon whose 
 election the Chair has a negative ; and then the consent of the 
 Governor, who is appointed by the Crown, before they can be 
 in Force — and finally, they must be laid before his Majesty, 
 who at any Time during three years disannuls them at his 
 Eoyal Pleasure. Here is all the check which the Nation can 
 in Eeason desire ; a further controul would leave them the name 
 only of free Subjects. 
 
 We find that attempts have been made to raise a jealousy in 
 the nation, that the Colonists are struggling for Independence, 
 than which nothing can be more injurious. It is neither their 
 interest, nor have they ever shown the least Disposition to be 
 independent of Great Britain. They have always prided them- 
 selves, in being British Subjects, and have with the greatest 
 cheerfulness, done every thing in their power to promote the 
 common cause of the nation. And we have reason to believe 
 that the Colonists will ever remain firmly attached to the Mother 
 Country. W e are with great esteem, 
 
 Sir, 
 
 Your most humble Servants, 
 
 JAMES OTIS, 
 
 THOMAS CIJSHING, 
 THOMAS GRAY, 
 SAMUEL ADAMS, 
 EDW. SHEAFE. 
 
 Demmis De Berdt, Esq. 
 
u 
 
 MASSACHUSETTS PAPERS. 
 
 LETTER FROM THOMAS CUSHING, SPEAKER, TO DENNIS DE BERDT. 
 
 Boston, June 28, 1766. 
 
 Sir: 
 
 The House of Representatives are now sitting, and have 
 before them your letters of the 11th and 16 th of January, the 
 15th and 22nd of February, the 1st of March, and the 26th of 
 April last. 
 
 The House observe with great pleasure and entire approba- 
 tion, the attention you have given to the Interest of the Pro- 
 vince, and the unwearied assiduity with which you have prose- 
 cuted it, in particular with respect to the care you so early 
 took of the Petitions of the Congress. Which the House have 
 the satisfaction to believe were of great use, notwithstanding 
 they were deemed to be deficient in point of Form. 
 
 The repeal of the Stamp Act has diffused a general joy 
 throughout this Loyal Province, and the Representatives of the 
 People regard all those who have contributed towards this 
 happy event with a gratitude in proportion to their exertions 
 in the cause of Truth and Liberty. You will therefore assure 
 yourself that your merit cannot by any means pass unnoticed. 
 
 Among such a multitude of Friends and Patrons which Pro- 
 vidence has raised up to interpose in our behalf, it is impossi- 
 ble the House should be able to transmit their Thanks to each 
 individual by name. 
 
 Our most gracious Sovereign, whom next to God we love 
 and honor, the House did early in this Session resolve to ad- 
 dress in very humble, dutiful, and grateful terms. — The Ad- 
 dress will be forwarded to you by this conveyance, which it is 
 expected you will take care to have presented. 
 
 The House have also voted that their sincere thanks be given 
 to a number of worthy Personages who have distinguished 
 themselves by their noble and generous Patronage of the Brit- 
 ish Colonies ; and that a Copy of the vote be transmitted to 
 
MASSACHUSETTS PAPERS. 
 
 15 
 
 each of them, in the most respectful manner bj the Speaker, 
 the charge of which the House likewise commits to you — and 
 it is desired that you will apologize for unavoidable omissions ; 
 and in the name of the House thank those gentlemen, whose 
 services had they come to onr knowledge, would have demand- 
 ed a more particular notice. 
 
 From some expression in the Protest of a number of noble 
 Lords against the Repeal of the Stamp Act, the House are ap- 
 prehensive that some injurious accounts have been given by 
 some Persons in the Colonies, of the dispositions of these Colo- 
 nies towards the Parent State ; the House have therefore 
 resolved, that a Representation of the Conduct of this Govern- 
 ment during the late difficult times be drawn up, which will 
 serve to set the Province in a true and fair light.- — This is like- 
 wise by a vote of the House, to be transmitted to you, to be 
 laid before his Majesty’s Ministers. 
 
 In your Letter of the 26th of April, you express a great 
 desire to “serve the Interest of the Province in the other 
 articles ” that are yet depending in Parliament, which you say 
 “ would not all be compleated in that session.” 
 
 The House have wrote fully by this opportunity to Mr. Jack- 
 son, to whom you are referred for Particulars. The House un- 
 derstand that a Committee of Merchants are about making 
 Proposals to the Parliament for the Regulation of the American 
 Trade. As it may be necessary that the Parliament should 
 have a true State of the Trade and its circumstances, you are 
 desired to prevent any such Proposals being made ’till such 
 state can be forwarded, which we are told the Merchants in 
 this place are preparing. 
 
 In the name and behalf of the House of Representatives, 
 
 I am, Sir, Your most humble Serv’t, 
 
 THOMAS CUSHIAG, Speaker. 
 
 P. S. Inclosed you have the votes of Thanks with the letters 
 accompanying them, directed to the several worthy Personages 
 
16 
 
 MASSACHUSETTS PAPERS. 
 
 who have exerted themselves in Favoring the Colonies, which 
 you will please to deliver to them respectively, and in case there 
 should be any mistake with respect to their titles or Places of 
 Eesidence, please to take off the covers and rectify the same. 
 
 Dennis De Berdt, Esq. 
 
 LETTER FROM THOMAS CUSHING, SPEAKER, TO DENNIS DE BERDT. 
 
 Boston, December 6, 1766. 
 
 Sir: 
 
 The House of Representatives have had communicated to 
 them by His Excellency the Governor, a Letter he received 
 from the Right Honorable the Earl of Shelburne, wherein after 
 acquainting his Excellency that he had laid his late letters and 
 the Inclosures before His Majesty; his Lordship adds, “that 
 His Majesty is extremely sorry to observe any degree of ill 
 temper remaining in his Colony of Massachusetts Bay, or that 
 points have been so improperly agitated as to tend to revive 
 disputes which every friend to America would wish to be 
 forgot.” 
 
 It is a matter of unspeakable sorrow and concern to us, to 
 find our most Gracious Sovereign thus expressing his displeasure 
 with the Province, and were we conscious that we justly de- 
 served it, we should be filled with the deepest shame and re- 
 morse — some person has unfairly represented the Province, and 
 it is of the utmost importance to ourselves and the People 
 whom we represent, that our conduct should be placed in a true 
 point of light, in order that such impressions as have been 
 made to our prejudice may be removed. 
 
 As His Majesty has been pleased in His great clemency to 
 show his readiness, not only to forgive, but to forget, every 
 mark of an undutiful disposition in his subjects of these Colo- 
 nies in the late time of distraction (which the People are ready 
 
MASSACHUSETTS PAPERS. 
 
 17 
 
 at all times to recognize with the warmest gratitude), and as he 
 has thought proper to take notice particularly of points so im- 
 properly agitated, as to tend to the revival of disputes, we pre- 
 sume that it has been represented to his Majesty that such 
 points have been improperly agitated since these disputes that 
 happened when this whole Continent was even in an Agony, 
 had subsided by means of that relief which His Majesty in 
 Parliament had graciously and wisely afforded to us. It is 
 sufficient then, for us to give you an impartial account of the 
 temper of the People and the Conduct of this House since the 
 Happy Repeal of the Stamp Act. 
 
 The news of this great event was expected with the utmost 
 Ardor, and no sooner did it arrive than joy was diffused through 
 every Rank, and so expressive were the People of their grati- 
 tude, that nothing more could have been done by them, unless 
 they had adored. This, Sir, is not exaggeration, nor was it a 
 sudden flash, for as they were ever before a loyal, they have 
 ever since discovered themselves, so far as we have been able 
 to observe their behaviour, a dutiful, orderly, and grateful peo- 
 ple. If they have been otherwise represented, you may be as- 
 sured that it is an injustice done them. As an evidence of the 
 quiet disposition of this People, and that you may the more 
 easily rely upon the character we have now given them, we 
 would only observe to you, that when the King’s Courts of Jus- 
 tice in this Province were shut up for six months, to the un- 
 speakable loss and damage of the People in general, at a time 
 when, if ever it might be expected that Resentment might be 
 shown in an unsuitable manner, they bore it as became good 
 subjects, and maintained their own order even in a state of 
 nature to which they were reduced by this unprecedented mea- 
 sure. 
 
 The conduct of this House, if we may be allowed to say it, 
 has been unexceptionable. They met in General Assembly 
 with a very happy disposition, and though it must be acknow- 
 ledged, that points have been agitated which had a tendency to 
 3 
 
18 
 
 MASSACHUSETTS PAPERS. 
 
 revive former disputes, jet they are not justly chargeable with 
 them. — The first day of their meeting his Excellency the Go- 
 vernor was pleased to take exceptions at their conduct, which 
 however it may be colored, the House cannot with propriety, 
 or the least spark of candour, be taxed with an ill temper 
 towards His Majesty or the Parliament, or with respect to our 
 happy connection with the Mother Country. The two Houses 
 thought fit in their Elections to make a change of some of the 
 Counsellors, and His Excellency might have presumed that 
 they acted upon principles of public emolument; and, if he had 
 only exercised his undoubted prerogative in negativing such 
 Gentlemen as he did not approve of, all would have silently 
 submitted. But his Excellency was pleased publicly to give 
 his reasons, by saying that the Government was attacked in 
 form ; that there was a professed design to deprive it of its best 
 and most able servants, whose only crime was their fidelity to 
 the Crown, and that he could not be indifferent, but that he was 
 obliged to exercise every legal and constitutional power to 
 maintain the King’s Authority against this ill-timed and ill- 
 judged oppugnation of it. His Excellency must have referred 
 to this transaction, for no other business of a public nature had 
 been done when he delivered this speech. Did it not require 
 a great stock of prudence in the House to suppress Resentment 
 when they and all the world were told that they were guilty of 
 fighting against His Sacred Majesty. His Excellency might 
 have given another colouring to this conduct of the two Houses 
 by suggesting a better reason for it than a prejudice in them 
 against particular gentlemen for their fidelity to the Crown, — 
 it was notorious long before the Stamp Act was thought of, 
 that a very great uneasiness subsisted among the people be- 
 cause in the elections from year to year it was thought suffi- 
 cient care was not taken to keep the Legislative Judiciary and 
 Executive powers more asunder; and an attempt was frequently 
 made, but it never was effected before His Excellency, in the 
 same speech tells the two Houses that it is not unusual for 
 
MASSACHUSETTS PAPERS. 
 
 19 
 
 private Interests and resentments to intermix with, popular dis- 
 content, and to execute their purposes under the borrowed 
 mask of patriotic Zeal: and talks of the infatuation of the late 
 times in such high terms, as in an unguarded hour must have 
 reviv’d such Disputes in the Assembly as every friend to Ame- 
 rica then wish’d to be forgot — tho’ it must be owned in this 
 very speech he expresses something that looks like tenderness 
 and affection to the people under his Government, as he does 
 in his Letters to His Lordship, and promises most cordially to 
 use his utmost endeavours to heal the Divisions and bury the 
 animosities which the late distracted times have created. 
 
 In less than a week after this speech was delivered the two 
 Houses had another more severe. In this he told them 
 that they had disappointed the expectations of the King and 
 Parliament, and that it was not in their power in so full a man- 
 ner as would be expected to show their respectful gratitude to 
 the Mother Country, or to make a dutiful and affectionate re- 
 turn to the indulgence of the King and Parliament : That it 
 must and would be understood that the gentlemen nonelected 
 were turned out for their deference to Acts of the British Le- 
 gislature. That they will not and cannot avoid being charge- 
 able with unthankfulness and dissatisfaction on ground of 
 former heats, and that it was impossible to give any tolerable 
 colouring to this proceeding, which was only their chusing 
 such gentlemen as their consciences dictated to them, for still 
 they had done no other public business — and after all the 
 asperity he promises as before to make the best use of all the 
 means which they should put into his hands to save the credit 
 of the Province upon this unhappy emergency, how far he has 
 executed these promises his letters will show, which tho’ said 
 to be full of tenderness and affection, his Excellency has not 
 condescended to communicate to the House, nor even to his 
 Council that we have heard of, however conciliating a sight of 
 them might prove to the minds of his Majesty’s loving subjects 
 here. 
 
20 
 
 MASSACHUSETTS PAPERS. 
 
 The House being resolved that no consideration should abate 
 their most ardent expression of Loyalty and Gratitude to His 
 Majesty and their affectionate regard to their illustrious patrons 
 and friends, immediately formed an humble address of thanks 
 to his Majesty, which they had the great pleasure of hearing 
 from you was graciously received, they also wrote Letters to 
 their friends with sincere thanks for their noble and generous 
 patronage of the British Colonies, from many of whom they 
 have received the most polite condescending answers — they 
 also without hesitation early made a grant to his Excellency of 
 his usual Salary and proceeded in the Common business of the 
 Session with the greatest cheerfulness. They made establish- 
 ments for Forts and Garrisons adequate to what was usually 
 made in times of peace, and with which former Governors have 
 been well satisfied. — Indeed they made none for a small trifling 
 fort at the Eastward, because by the total reduction of Canada, 
 they apprehended it to be a needless expense. — Thus they went 
 on with alacrity, and any one not under the power of preju- 
 dice must have thought that no ill temper then prevailed in 
 the House and that no points were improperly agitated by 
 them. 
 
 We cannot, without doing great injustice to ourselves, avoid 
 telling you that the Assemblys of this Province have always 
 endeavored to make his Excellency’s administration prosperous 
 to his Majesty and happy for himself, that they have spared no 
 grants that could with any color be made to him, and have in 
 one gift transferred their right to Him of a certain Island, 
 Mount Desert, esteemed in the opinion of most people to be a 
 very considerable Estate. 
 
 His Excellency in the last mentioned speech communicated 
 to the House His Majesty’s most mild and gracious Recommen- 
 dation of an Indemnity to the late unhappy sufferers in a most 
 excellent Letter from the Right Hon. Mr. Secretary Conway. 
 But the expressions of his speech upon this occasion Avere such 
 as were naturally disgustful to the House and to the people, he 
 
MASSACHUSETTS PAPERS. 
 
 21 
 
 was pleased to call his Majesty’s Recommendation a Requisi- 
 tion, the authority of which should preclude all Disputation 
 about complying with it — and in another message told the 
 House that it was expected that a compensation should be 
 made at all events — as if it could possibly be conceived that 
 his most Excellent Majesty should intend by his most gracious 
 Recommendation that a positive peremptory demand should be 
 made of his Subjects’ money without allowing them the honor 
 as well as privilege of granting it freely. Such language to 
 the House as His Majesty himself never us’d to his Commons, 
 was highly displeasing, yet they were affected with the tender- 
 ness of expression used by their Sovereign, they agreed to lay 
 the matter before their Constituents as what they thought 
 reasonable, and as the sufferers had not seen fit to apply for 
 Relief, they thought they had done as much for the present as 
 his Majesty would, under that circumstance, expect from them, 
 they accordingly had a recess given them to consult their 
 constituents, and at this Session the Sufferers having made 
 their first application, a Bill is passed the House for grant- 
 ing compensation to the sufferers, and a general pardon to 
 the offenders in the late times. This they comprehended to be 
 exactly conforming to the Letter of his Majesty’s Recommenda- 
 tion to which the House paid so Sacred a regard that no other 
 consideration would have prevailed with them in favor of any 
 part of the Bill. 
 
 Thus we have given you an impartial account of the temper 
 of the people and the conduct of the House since the Repeal 
 of the Stamp Act, and we are willing to submit it to any can- 
 did judges whether there was any foundation for any one to 
 represent to his Majesty that a degree of ill temper remained 
 in his subjects of this Province towards his Majesty or the 
 Parliament, or in any other regard. And we desire you would 
 take the earliest opportunity to vindicate us to Lord Shelburne 
 and the rest of the ministry, in order that we may again stand 
 
22 
 
 MASSACHUSETTS PAPERS. 
 
 in the mind of our Sovereign, agreeable to our most earnest 
 wishes in the light of loyal and grateful people. 
 
 In ye name and behalf of the House, 
 
 I am Sir, Your most humble Ser’t, 
 
 THOMAS CUSHING, Speaker. 
 
 Please to deliver the Inclosed to Lord Shelburne. 
 
 Endorsed. 
 
 Mr. Speaker Cushing’s Letters to De B., Testifying their 
 affection to their Mother Country. 1766. 
 
 LETTER FROM SAMUEL DEXTER TO DENNIS DE BERDT.* 
 
 Dedham, in the Province of Massachusetts Bay, January 6th, 1767. 
 As I am one who have for many years tho’t you a sincere 
 friend of the American Colonies, and to this in particular, 
 
 * Samuel Dexter, a son of the Rev. Samuel Dexter, of Dedham, Massa- 
 chusetts, was born in that town, in March, 1726. He engaged in business as 
 a merchant, and so successfully as to he able to retire when thirty-five years 
 of age, with a competency to his native town, where he devoted much of his 
 time to literary pursuits. He became a conspicuous member of the Provin- 
 cial Legislature, and was repeatedly elected to the Council, and his election 
 every time set aside by Governor Gage, by order of the King. He served in 
 the first Provincial Congress, but differing from his colleagues as to the pro- 
 priety of raising an army without first making provision for its maintenance, 
 he retired altogether from public life, which he did not again engage in dur- 
 ing the last thirty years of his life. In June, 1810, he died, aged 84. 
 
 He was much opposed in his religious views to the doctrines of Calvin, 
 which he considered irreconcileable with a proper interpretation of the Bible, 
 and left a legacy of Five Thousand Dollars to Harvard University, “to promote 
 a critical knowledge of the Holy Scriptures,” by establishing a lectureship 
 upon that subject. 
 
 Samuel Dexter, Secretary of "War and of the Treasury, during the adminis- 
 tration of President John Adams, was his son, and Franklin Dexter, Esq., of 
 Boston, formerly law-partner of Daniel Webster, is his grandson. 
 
MASSACHUSETTS PAPERS. 
 
 23 
 
 wished for jour being chosen Agent before it took Place, and 
 when jour choice was under consideration of the House of 
 Representatives, exerted mjself to promote it, in preference 
 to all other Candidates, so I have ever since desired to enjoj 
 a correspondence with jou on Public Matters. With this dis- 
 position and these sentiments, I shall make no apologj for 
 troubling jou at this time. 
 
 I have alreadj taken mj part with mj Brethren of the 
 House in expressing our entire satisfaction in the manner in 
 which jou discharged jour Trust with regard to the late Stamp 
 Act, in the earlj care jou took of the Petitions from the Con- 
 gress, and jour frequent solicitations to the Ministrj and to the 
 worthj members pf both Houses of Parliament, in order to 
 promote the happj Repeal ; as well as jour exertions in Behalf 
 of the Province respecting other important matters. The 
 members in general are verj sensible of jour merit and I hope 
 will be disposed to make jou a generous pecuniarj Satisfac- 
 tion ; which I shall on mj Part, not fail to promote. What 
 Allowance will be made jou I am unable to determine, as the 
 Bulk of the people in the Countrj Towns, tho’ thej are verj 
 readj to acknowledge their obligations in Words, are not suf- 
 ficientlj capable of judging of what would be a proper Testi- 
 monj of their sense of the services of their Agents. This is 
 not owing in anj measure to ingratitude, but being used to 
 subsist on verj little themselves, no more than a suitable grant 
 to one thej emploj, appears to such poor Livers an exorbitant 
 Sum. However tho’ I wish that jour important services maj 
 be amplj rewarded, jet was I not firmlj persuaded that jour 
 generous regard to the Welfare of the Province and a consci- 
 encious Disposition to do good in the world, as God shall give 
 jou opportunitj for it, are jour governing and prevailing 
 Principles and that a Pecuniarj Reward is but a secondarj 
 motive with jou, it would tend in some measure to abate that 
 high opinion I have formed of jour virtue and Goodness. 
 
 When this Province received the agreeable news of the Re- 
 
24 
 
 MASSACHUSETTS PAPERS. 
 
 peal above mentioned, their joy and satisfaction was beyond all 
 description, and though the more religious sort of People, or 
 as you in one of your Letters call them, the Lord's faithful ser- 
 vants , among us, in the first place and before all other things, 
 acknowledged their obligations to Almighty God, yet there was 
 not a mouth but what was filled with declarations of Loyalty 
 and thankfulness to the King, joined with expressions that 
 showed their high sense they entertained of the generous ser- 
 vices of our worthy and patriotic Friends in Parliament and 
 many others out of doors, who had contributed all in their power 
 towards the happy event. The same sentiments in the House, 
 you have seen proofs of, by the humble and grateful Address 
 transmitted through your hands to his Majesty, and the Letters 
 of Thanks sent to a number of illustrious members of both 
 Houses of Parliament — and it has given the highest satisfaction 
 to the House, that several of those worthy personages have, in 
 the most condescending and polite manner expressed, by letter, 
 their kind acceptance of the same. 
 
 At such a time as I have mentioned, when the Body of the 
 People were in perfect good humor, had you been here Sir, you 
 would, I am sure, have thought it the happiest j uncture to have 
 united all parties, reconcile differences, occasioned by variety 
 of sentiments with respect to the Stamp Act, and promoted 
 general love and harmony in the Province. 
 
 You have heard a great deal from those who disapproved of 
 Governor Bernard’s measures at the last Election ; and as no 
 doubt, there are some few who approve of them, you may have 
 heard his conduct at that critical time justified. I shall neither 
 censure nor justify. — If I should do the former, you might be 
 ready to think, though therein you would be greatly mistaken, 
 as I was one of the six whom his Excellency disapproved of, 
 that being disappointed of a seat at the Council Board I am full 
 of resentment against him on that account. The latter I shall 
 leave to more able hands. Thus much, however, I can with 
 great sincerity aver, that His Excellency’s speeches to both 
 
MASSACHUSETTS PAPERS. 
 
 25 
 
 Houses were much more gravaminous to me than falling per- 
 sonally under his disapprobation, not only as that did not de- 
 prive me of my seat in the House of Representatives, but as 
 the Fate of the Province was of infinitely great importance. 
 I was much terrified with the Apprehension of those speeches’ 
 making impressions, on your side of the water, to the disad- 
 vantage of the Province. And the more so, as by a letter then 
 received from His Majesty’s secretary of State, it appeared that 
 Governor Bernard’s conduct was highly approved of by the 
 King, his Ministry and both Houses of Parliament. I profess 
 myself a hearty friend to, and as far as I am able a Promoter 
 of Peace and Friendship among the several Branches of the 
 Legislature. I have a sincere good will to Governor Bernard, 
 and wish for the Time, when, if he should continue our Gover- 
 nor, the People may get over their Resentment of his conduct, 
 be rid of their jealousies, and cordially love and esteem him; 
 And when he, on his part, shall treat the people with that Con- 
 descension and Goodness as will tend to conciliate their affection 
 and regard. In the mean time, I am bound in conscience to de- 
 clare, that it is not from a disposition to affront or disobey 
 Government, that they are now so generally uneasy with his 
 administration. I should not do them justice, if I did not say, 
 that they appear at this day, as indeed, they always have, to be 
 the most loyal people in the world, and willing to use a Scrip- 
 ture Expression (which I know will not be disagreeable to you) 
 to submit to every ordinance of man for the Lord's sake. You well 
 know sir, in what sense this may justly be said, even of a peo- 
 ple ever jealous of their Liberties, and tenacious of their just 
 Rights and privileges; as it must be owned this people, with 
 all their love to their Prince and respect to his August Parlia- 
 ment really are. In this they act from Conscience, and a sense 
 of duty. Their aversion to a submission to the Stamp Act 
 arose from this principle with respect to a great Part of this 
 Province. They thought themselves injured, and that they 
 should be unworthy of the name of Descendants from the first 
 4 
 
26 
 
 MASSACHUSETTS PAPERS. 
 
 Planters of this Country, if they should by a quiet submission, 
 give up those Rights which their Progenitors held so dear and 
 sacred. 
 
 Some expressions in your letter of the 19th of September 
 last to the House, which letter was published by their order, 
 with a view to dispose the people to be willing to make com- 
 pensation to the sufferers in the late Times of confusion, and 
 which had a very good effect in that particular — I say those 
 expressions led many people to expect that when Lord Shel- 
 burne’s letter to the Governor, which you mentioned, should 
 arrive, it would contain some explicit Animadversions on his 
 conduct. But though there was as some imagine, a courtly 
 kind of reproof couched in one passage in His Lordship’s Let- 
 ter, yet by the general drift of it, it appears that those Repre- 
 sentations that His Excellency has made of his own behaviour in 
 his Government have confirmed the good opinion which His 
 Majesty had before formed of his administration. It was pecu- 
 liarly distressing to the King’s loyal and loving subjects here, 
 to find such an expression as this in his Lordship’s Letter. 
 “ His Majesty is extremely sorry to observe any degree of ill 
 temper still remaining in his Colony of Massachusetts Bay,” 
 and that the delay of making compensation to the sufferers had 
 been represented as occasioned by the prevalency of such a 
 temper — or, as His Lordship expresses it, by the “ local Diffi- 
 culties,” which, from His Excellency’s Accounts, appeared not 
 to have been terminated. 
 
 I cannot help observing to you, that tho’ I imagined the 
 publishing your letter might have the good consequence I 
 have already mentioned, yet, as it gave an account of some- 
 thing which escaped in conversation between His Majesty’s 
 Secretary of State and yourself, I could not think it prudent 
 to print your letter. But the House were in general for it, and 
 the Printer was directed accordingly. I know not that any 
 mischief will arise from it, to be sure none was intended, or by 
 those that voted for it, so much as suspected ; but I had this in 
 
MASSACHUSETTS PAPERS. 
 
 27 
 
 my mind at the time, that perhaps neither his Lordship nor 
 yourself might choose to have what passed at such an inter- 
 view, inserted in the Public Newspapers. However, if the 
 House in this matter, were guilty of an inadvertency, there will 
 be no danger of their being incautious in time to come. 
 
 Before this reaches you, you will have heard of the full and 
 ample compensation made to the sufferers above mentioned. 
 This I trust will be agreeable to our generous and worthy 
 Friends in Great Britain, who had so fully declared their opin- 
 ion, that we should readily do it, if it was recommended by His 
 Majesty. 
 
 The matters on which the House wrote you the last Session, 
 were of the utmost importance ; and your former attention to 
 the Interest of the Province leaves no room to doubt your as- 
 siduity in time to come. The embarrassments on our Fishery 
 are very alarming to us, to which Article I would entreat your 
 very particular Regard. 
 
 Since the Disputes respecting making compensation were 
 finished (which indeed were merely differences in opinion), and 
 grants have been made to the sufferers, and they have received 
 the same out of the Treasury, every thing is quiet and no dis- 
 sention of a public nature exists among us, saving only what 
 immediately respects the Governor. Whether He and the 
 People will ever be harmonious again, time must discover. 
 
 If when any thing, which is likely much to affect this Pro- 
 vince, turns up or is thought likely to occur, whether agree- 
 able or disagreeable, you would favor me with a line, it will be 
 esteemed a great kindness ; and you may depend upon it, that 
 any hints which you may not choose should be publicly men- 
 tioned, shall be properly improved and prudently concealed. 
 I have only further to request of you, which considering your 
 great prudence is indeed unnecessary that if what I have now, 
 or may at any time hereafter write, particularly relating to the 
 Governor, be of such a nature that you may think proper to 
 speak of it to any of your friends, you would omit mentioning 
 
28 
 
 MASSACHUSETTS PAPERS. 
 
 my Name, as it may be done as well without. I am not disposed 
 to meddle, when I can well help it, with the disputes between 
 His Excellency and the People. I could not avoid barely men- 
 tioning them at this time, as I thought it proper to drop a word 
 or two to you, who are so good a friend to the Province, to ex- 
 culpate the People here from the heavy charges which his 
 Excellency has brought against them. 
 
 I am with great Eegard 
 
 Sir, Your most humble servant, 
 
 SAML. DEXTER. 
 
 Endorsed , 
 
 Dedham, Samuel Dexter, January 6. 
 Received February 28. 
 
 Answered March 4, 1767. 
 
 LETTER FROM A COMMITTEE OF THE MERCHANTS OF BOSTON TO 
 [DENNIS DE BERDT ?] 
 
 Boston, January 17th, 1767. 
 
 Sir: 
 
 The very great regard you have on all occasions shown to 
 the true Interest of North America, and the many instances of 
 your particular favor to the Trade of this Province, have 
 encouraged the Merchants of this Town, thro’ us their Com- 
 mittee, to forward you the enclosed Petition, requesting that 
 you would make use of your influence in getting the same 
 presented to the Hon’ble the House of Commons, this Session 
 of Parliament, and as soon as it can be conveniently done. 
 
 By the contents you’ll observe it is a Representation of the 
 difficulties which the Trade still labors under by means of some 
 late Acts of Parliament, which we cannot but hope will obtain 
 the attention of the Hon’ble House. 
 
MASSACHUSETTS PAPERS. 
 
 29 
 
 "While these Acts were pending in Parliament and even after 
 they had passed, we had congratulations from several of our 
 Friends and Correspondents in England, upon such Regulations 
 in Trade being obtained as it was apprehended, would tend to 
 the enlargement thereof, but upon a due examination of the 
 said Acts, we were greatly disappointed, finding the Trade in 
 many respects rather embarrassed than enlarged, and we appre- 
 hended, had the Merchants here remained silent upon the occa- 
 sion it would have been naturally construed as being satisfac- 
 tory to them, the contrary of which we flatter ourselves is fully 
 evinced by our Petition. W e have laid our sentiments before 
 the House of Representatives here, and they, we are informed, 
 have transmitted to you, as their Agent, a full Representation 
 of these matters and Instructions thereon. 
 
 But having lately been informed that the Merchants of New 
 York have forwarded a Petition to the House of Commons, 
 We thought that our seconding them in this method would 
 facilitate the obtaining Relief; the subject was therefore re- 
 sumed and signed as you find it, by most of the principal Mer- 
 chants and Traders in this Town, in which we should have 
 been joined by those of other towns, but the extreme severity 
 of the weather for some time past, has, in a great measure pre- 
 vented a Communication with them; — We will not detain you 
 any longer than to assure you that your kind endeavours to 
 serve us in this affair will be greatly acknowledged not only by 
 us, but by the Traders of the whole Province. 
 
 We salute you Respectfully, and are Sir, 
 
 Your most humble Serv’ts., 
 
 JOSEPH GREEN, 
 
 J. ROWE, 
 
 JOHN ERVING, Jun., 
 SAM HUGHES, 
 EDWARD PAYNE, 
 THOMAS GRAY. 
 
30 
 
 MASSACHUSETTS PAPERS. 
 
 In tiie House of Eepresentatiyes, Jan. 31, 1767. 
 
 THE ANSWER TO HIS EXCELLENCY’S SPEECH OF THE 28TH INSTANT. 
 
 May it please your Excellency : 
 
 Your speech to both. Houses of the General Assembly at the 
 opening the present Session has been duly considered by the 
 House of Representatives. 
 
 Your Excellency is pleased to recommend “the support of 
 the Authority of the Government, the maintenance of the 
 Honor of the Province, and the Promotion of the Welfare of 
 the People, as the chief object of our Consultations.” 
 
 By the Authority of the Government, this House understand 
 the Charter Rights and Powers of the Great and General Court 
 of Assembly of this Province, and the several Branches of the 
 same ; and the Powers with which the Civil Officers of the Pro- 
 vince are by Law vested. While the members of that Assem- 
 bly firmly maintain those Rights and Powers, and the body of 
 the People steadily and vigorously sustain and protect the civil 
 officers in the Exercise of their respective Powers, in the full 
 execution of the good Laws of the Province, and the discharge 
 of their several trusts, whether judiciary or ministerial, we ap- 
 prehend the Authority of the Government is then supported. 
 It is necessary for the support of this Authority that the House 
 of Representatives will inform themselves of the true extent of 
 those Rights and Powers, and sacredly adhere to their own 
 Rights as one Branch of the Legislature ; That they zealously 
 assert the Rights of their Constituents, the People of this Pro- 
 vince, without transgressing the Bounds of their own Power, 
 or invading the Rights and Prerogatives of the other Branches 
 of the Assembly, and that they endeavour that the Body of 
 the People be also well acquainted with their own natural and 
 Constitutional Rights and Privileges ; and the Liberty, Safety 
 
MASSACHUSETTS PAPERS. 
 
 31 
 
 Peace and Happiness which they will not fail to enjoy, while 
 the General Assembly is protected in the due exercise of their 
 Eights and Powers, and the Laws of the Land have their free 
 course, and are faithfully and impartially executed. This, may 
 it please your Excellency, being our own apprehension of the 
 Authority of the Government, and its support, we shall always 
 greatly rejoice to find your Excellency exciting and animating 
 us in the Discharge of this important duty. As it would be 
 unpardonable in us ever to lose sight of it, your Excellency 
 may be assured that we shall always make the support of the 
 Authority of the Government one great object of our Consulta- 
 tions. 
 
 Upon this occasion we cannot forbear to observe to your 
 Excellency with concern, that when the two Houses were 
 directed to attend your Excellency in the Council Chamber, at 
 a Time when none but the General Assembly and their Ser- 
 vants are intended to be present, his Honor the Lieutenant 
 Governor* was pleased to appear in General Assembly, and 
 there to continue ’till the House returned to their Chamber, 
 while your Excellency was not only in the Province, but actu- 
 ally in the Chair. We are of opinion that this conduct is not 
 supportable by any Precedent, but should there be found upon 
 searching ancient Records, any Instance of the kind, it is not 
 only in itself an impropriety, but repugnant to the Constitution, 
 and the Letter of the Chamber ; which declares the Great and 
 General Court to consist of the Governor and Council or assis- 
 tants for the time being, and such Freeholders of the Province 
 as shall be from time to time elected, or deputed by the major 
 part of the Freeholders and other inhabitants qualified by the 
 Royal Charter to give their Votes. If the Honorable Gentle- 
 man was introduced by your Excellency, we apprehend that 
 the happiest means of supporting the Authority of the Govern- 
 ment, or maintaining the Honor of the Province were not con- 
 
 * Thomas Hutchinson was the Lieutenant Governor. See the note to his 
 letter of February 20th, 1767, post. 
 
32 
 
 MASSACHUSETTS PAPERS. 
 
 suited therein. But if he came in and took a seat of his own 
 motion, we are constrained to say, that it affords a new and ad- 
 ditional Instance of Ambition and a Lust of Power to what we 
 have heretofore observed. 
 
 In the House of Representatives, Feb’ry 7, 1767. 
 
 A MESSAGE FROM HIS EXCELLENCY THE GOVERNOR. 
 
 Gentlemen of the House of Representatives: 
 
 I have always understood that it has been the general usage 
 of this Government, countenanced by the Charter, for the 
 Lieutenant Governor when he was not elected a Councillor to 
 have a seat in the Council without a voice. But since it has 
 appeared from your answer to my speech that you have 
 thought otherwise, I gave orders in Council to the Secretary to 
 search the Books, and to make Inquiry by other means, if 
 necessary, what has been the usage of the Government in this 
 respect. It appears from this Report that every Lieutenant 
 Governor since the opening the present Charter, has usually 
 and frequently when not elected a Councillor sat in Council, 
 untill the term of Governor Belcher, who excluded the Lieu- 
 tenant Governor from a Seat in the Council, which he com- 
 plained of as a grievance and submitted to with Resentment. I 
 hereby communicate to you a copy of the Report, that if you 
 please you may review this matter, and consider whether your 
 censure of the Lieutenant Governor has not been too hasty ; as 
 it appears not to be supported by this instance, nor by any 
 other that I have as yet been made acquainted with. 
 
 FRA. BARNARD.* 
 
 Council Chamber, February 7, 1767. 
 
 * Francis Bernard, after Raving been Governor of New Jersey, succeeded 
 Thomas Pownall as Governor of Massachusetts, in 1760. During the early 
 
MASSACHUSETTS PAPERS. 
 
 33 
 
 In the House of Representatives, Feb. 7, 1767. 
 
 A MESSAGE TO HIS EXCELLENCY THE GOVERNOR. 
 
 May it please jour Excellency, 
 
 Your Message of the 7th instant has been very attentively 
 considered by the House of Representatives. In an answer to 
 your Excellency’s Speech we supposed that there might be 
 found upon sundry ancient Records, Instances of the like con- 
 duct in former Lieutenant Governors, to that to which the 
 House took Exception. We are humbly of opinion that the 
 conduct of his Honor the Lieutenant Governor was not sup- 
 portable by any Precedent ; by which we think we cannot be 
 understood to have intended otherwise than that no Precedents 
 can prevail in support of any conduct, repugnant to the Con- 
 stitution and the Letter of the Charter. 
 
 Upon the most careful examination, we find but two in- 
 stances of the kind, in all Respects similar, since the opening 
 of the present Charter; and in order to determine whether 
 they are supportable or even countenanced by it, we beg leave 
 to recite the matter of our complaint as it is expressed in our 
 answer. We took occasion to say that we would not forbear 
 to observe with concern that when the two Houses were di- 
 rected to attend your Excellency in the Council Chamber, at a 
 Time when none but the General Assembly and their servants 
 are intended to be present, his Honor the Lieutenant Governor 
 was pleased to appear in General Assembly, and there to con- 
 tinue, till the House returned to their own Chamber, while 
 
 years of Ms administration lie enjoyed considerable popularity, but this 
 was destroyed in the troubled times which followed, during which he was 
 devoted to the British ministry. The Legislature petitioned for his removal 
 and obtained it. He left Massachusetts in August, 1769, and died in England, 
 in June, 1779. 
 
 5 
 
34 
 
 MASSACHUSETTS PAPERS. 
 
 your Excellency was not only in the Province, but actually in 
 the Chair. And, that we were of opinion that this conduct 
 was not supportable by any Precedent; but should there be 
 found, upon searching ancient Records, any Instance of the 
 kind, it was not only an Impropriety in itself, but repugnant 
 to the Constitution, and the Letter of the Charter. 
 
 We find that in June, 1702, Lieutenant Governor Povey 
 made his appearance at the Board, and afterwards in November, 
 1716, Lieutenant Governor Dummer did the same, each of them 
 at a time when the Commander-in-Chief directed the attend- 
 ance of the two Houses in the Council Chamber, while he de- 
 livered a speech to the General Assembly, and neither of them 
 being at those several Times elected as Counsellors. These two 
 instances, it is acknowledged are directly in Point ; but we still 
 are of opinion that they are in no degree countenanced by the 
 Charter, but evidently repugnant to it. We observed to your 
 Excellency that by the Charter, the General Assembly is ex- 
 pressly declared to consist of the Governor, the Council, or 
 Assistants, for the time being, and such freeholders of the 
 Province as shall be from time to time elected or deputed by 
 the Major Part of the Freeholders and other Inhabitants quali- 
 fied to give their Votes. AVe cannot conceive, how the Charter 
 can countenance the Lieutenant Governor, as such, in taking a 
 Seat or Place, as a Member of the General Assembly, unless 
 we could suppose something contained in it, so absurd and 
 contrary to self evident Propositions, as that all the Parts are 
 not equal to the whole. As the plain design of the Charter is 
 definitely to declare who are members of the General Assem- 
 bly, it plainly excluded every person not expressly mentioned 
 in it; And as the Lieutenant Governor is not one of the Per- 
 sons mentioned in the Charter, he must therefore, most mani- 
 festly be not included in it. It is impossible that he should be 
 Commander in Chief, in the Presence of the Governor, without 
 contradicting that first Principle in the Presence of the Superior 
 the Authority of the Inferior ceases. Neither can he as Lieuten- 
 
MASSACHUSETTS PAPERS. 
 
 35 
 
 ant Governor have any right to the Place of a Counsellor, un- 
 less chosen hv the General Assembly, or the right to a Place 
 of a Representative, unless deputed by the People, in the man- 
 ner and form expressed in the Charter; Neither of these is the 
 present case ; and how he can have an} 7 Place in the General 
 Assembly as Governor, or Counsellor, or Representative, we 
 are utterly at a loss to conceive. 
 
 The Report of the Secretary, which accompanies your Ex- 
 cellency’s Message, and to which you are pleased to refer us, 
 cites those’ several passages in the Charter, where every Person 
 elected a Representative before he sits or acts, is required to 
 take the Oaths, &c., before the Governor or Lieutenant or 
 Deputy Governor, or any two of the Assistants, who shall be 
 thereunto authorized or appointed by the Governor. And 
 where the Governor, and Lieutenant or Deputy Governor are 
 required before they undertake the execution of their Offices, 
 to take their respective Oaths, &c., the Governor before the 
 Lieutenant or Deputy Governor, and then he before the Gover- 
 nor. But to what purpose these passages are cited and referred 
 to, we must beg your Excellency to explain to us. With Re- 
 gard to the first we apprehend that the Oaths, are to be taken 
 before the Lieutenant Governor, only in the absence of the 
 Governor, and in such case, he has the Power of authorizing 
 and appointing two Assistants, if he thinks proper. This we 
 take to be the plain and obvious meaning of the words of the 
 Charter, and such a construction is fully justified by the clause 
 which limits the Exercise of the Powers of the Lieutenant or 
 Deputy Governor to a certain Time, viz : When the Governor 
 shall be absent from the Province. And the other passage, by 
 which he is empowered, upon the appointment of a Governor, 
 to administer the Oaths to him, does not in the least serve to 
 show a Right or even a pretence to a seat in the General As- 
 sembly. It may as fairly be argued, as we humbly conceive 
 from any other clause in the Charter. 
 
 We are sensible, may it please your Excellency , that in early 
 
36 
 
 MASSACHUSETTS PAPERS. 
 
 Times there were instances of the Lieutenant Governor, mak- 
 ing an appearance and taking a seat at the Board, when the 
 Council were in their separate Chambers, as a Branch of Legis- 
 lature ; and at other times when they were acting in their exe- 
 cutive capacity only : But the usage appears to us, to be [not] 
 only repugnant to the Charter, but to common Principles, for to 
 say that any person has a right to a seat in Council, who is not a 
 member of it, is an absolute solecism. In this light Governor 
 Belcher seems to have viewed it, in the Instances of Colonel 
 Taylor, and Colonel Phipps ; and however it may be said that 
 these Gentlemen complained of it as a grievance, and submitted 
 to it with Resentment, it is the opinion of this House, that Go- 
 vernor Belcher in excluding them from a seat in the Council in 
 his Presence, when they were not elected as Counsellors, dis- 
 covered a due regard to the Royal Charter and the Rights of 
 the General Assembly, as well as a just sense of his own Honor, 
 as commissioned by his Majesty to be Commander in Chief in 
 the Province. As there has been no Instance of such a con- 
 duct, as we complain of in our Answer, since Lieutenant Go- 
 vernor Dummer’s Time, in 1716, and but one Instance of the 
 kind before ; it appears to us unaccountable, that the Lieuten- 
 ant Governor should think proper, at this Time, to take a step 
 altogether unwarranted by the Constitution, and countenanced 
 by two Precedents only. And altho’ it appears by Mr. Secre- 
 tary’s Report, that there have been instances, in former times, 
 of the Lieutenant Governor’s setting at the Board, while the 
 Governor was present, it must have been, as Ave conceive, for 
 want of attention to the Charter. When Governor Belcher 
 excluded Colonel Taylor, in 1730; and held to Colonel Phipps 
 afterwards, and denied the Right of a Lieutenant Governor to 
 sit in Council, it must have been a matter of publick notoriety. 
 It is improvable that it should be otherwise. We do not find 
 that either of those Gentlemen contended that they had the 
 Right, which it is more than probable they Avould have done, if 
 they had not been fully convinced, that they had not the Right: 
 
MASSACHUSETTS PAPERS. 
 
 37 
 
 By their Resentment of Governor Belcher’s excluding them, it 
 is to be presumed that they would have supported their claim, 
 if it had been supportable ; and their submitting is an evidence 
 that it could not be supported. If they had the Right it was 
 not in the Power of Governor Belcher to exclude them ; and 
 from the character which those gentlemen sustained, we are 
 persuaded, they would never have relinquished a seat to which 
 they thought they had a j ust pretension merely in complaisance 
 to the Governor. But could we even admit of such a supposi- 
 tion, Colonel Phipps might have renewed his claim, and doubt- 
 less would, if he thought he could have supported it. In the 
 next administration Governor Shirley, who succeeded Go- 
 vernor Belcher was a Gentleman well skilled in the Law and 
 the Constitution, and would have acceded to his claim, and 
 even invited him to his seat, if he had thought it just: But he 
 saw Colonel Phipps, through the whole of his administration, 
 which continued sixteen years, refusing on this very account, 
 to make his appearance on any publick occasion, without inti- 
 mating, as your Excellency has now done, that his Right to a 
 Seat was Countenanced by Charter. Prom all which we must 
 conclude that from the time of Governor Belcher’s arrival, 
 which is thirty seven years, it has been judged to be unconsti- 
 tutional for the Lieutenant Governor to appear and take a 
 Place at the Board, while the Governor is not only in the Pro- 
 vince, but, actually in the chair : And we cannot suppose that 
 a Gentleman thoroughly versed in all the public transactions of 
 this Province as his Honor the present Lieutenant Governor 
 could have been ignorant of it. As therefore we are not yet 
 informed, whether he was introduced by your Excellency, or 
 came in and took a seat of his own motion, we cannot see 
 reason to admit that our remarks upon it have been too hasty. 
 
38 
 
 MASSACHUSETTS PAPERS. 
 
 In the House of Representatives, February 10th, 1769. 
 
 CONSIDERATION OF HIS EXCELLENCY’S MESSAGE. 
 
 The House according to order took into consideration his 
 Excellency’s Message of the 7th instant, and after a Debate, 
 Resolved, As the opinion of the House, That the Lieutenant 
 Governor not being elected a Councillor, has not a right to a 
 seat at the Council Board, with or without a voice while the 
 Commander-in-Chief is in the Province. 
 
 A LETTER FROM HIS HONOR THE LIEUTENANT GOVERNOR* TO HIS 
 EXCELLENCY THE GOVERNOR. 
 
 Boston, 20tli Feb’ry, 1767. 
 
 I waited upon your Excellency to Council the first day of 
 the Session of the General Court to testify my Respect to your 
 Person, and to do Honor to the Commission you sustain, I had 
 frequently been present in Council since the last Election, and 
 not one member of either House ever intimated to me that he 
 
 * Thomas Hutchinson was horn in Massachusetts in the year 1711, being a 
 descendant of the celebrated Ann Hutchinson. At the age of sixteen he 
 graduated at Harvard College, became a merchant, and failed, then studied 
 law ; was a member of the Massachusetts House of Representatives for thir- 
 teen years, during three of which he was speaker. He was Lieutenant Go- 
 vernor from 1758 to 1771, and in 1760 was appointed Chief Justice of the Pro- 
 vince. After Governor Bernard’s departure in 1769, he administered the 
 government and was appointed Governor by the crown, a post which he filled 
 until the destruction of the tea in Boston Harbour, after which General Gage 
 was appointed in his stead. He died in England in 1780. He wrote a His- 
 tory of Massachusetts, from 1628 to 1774, published in three volumes. 
 
MASSACHUSETTS PAPERS. 
 
 39 
 
 was in the least degree dissatisfied with. it. I suppose that 
 there were several Parts of the Charter which gave counte- 
 nance to it, and that there was no part which rendered it impro- 
 per. I know that immediately upon the arrival of the Charter, 
 it was the sense of the General Court that the Lieutenant Go- 
 vernor had a right to he present in Council. I thought that a 
 contemporaneous Exposition, especially when the Persons who 
 solicited the Charter in England, and who were consulted in 
 the framing every part of it were then in the Province, together 
 with an uninterrupted Practice for forty years immediately 
 upon it, were sufficient to justify me. I was not insensible that 
 one, and but one Lieutenant Governor, my immediate Prede- 
 cessor, had not sat in Council, and I had heard that the Gentle- 
 man who was then Governor excluded him, but I heard, at the 
 same time, that this was looked upon as a mere act of Power, 
 admitting or excluding a Lieutenant Governor whensoever the 
 Governor thought proper, and I did not imagine that the Act 
 or Opinion of a single Governor would ever be urged against 
 the opinion and Practice of the whole General Court, during 
 the Administration of five preceding Governors. Your Excel- 
 lency had never signified to me that my Presence in Council 
 was disagreeable to you. 
 
 I am extremely concerned that any thing which relates to 
 me should occasion a Difference in Sentiments between your 
 Excellency and the House of Representatives, at a time when 
 every man of every order ought to contribute all that is in his 
 power to the Restoration of Harmony and Tranquility, and 
 notwithstanding it is very grievous to me, that so Respectable 
 a Body have passed so heavy a judgment upon my conduct, 
 without giving me an opportunity of justifying or excusing it, 
 I shall endeavour to be patient under my misfortune, and I 
 will avoid all further occasion of further controversy with the 
 present House of Representatives by wholly absenting myself 
 from the Council Chamber, unless your Excellency shall give 
 direction for my attendance there for any special purpose. 
 
40 
 
 MASSACHUSETTS PAPERS. 
 
 I am obliged to your Excellency for your Concern to vindi- 
 cate my character. I hope enough has been already done for 
 that purpose; but if not, I had rather wait some future oppor- 
 tunity of doing it, than be the means of continuing the least 
 Dispute in the General Court, presuming that this my Act will 
 never be improved to the prejudice of the future claim of the 
 Lieutenant Governor, much less to the prejudice of the Right 
 of the Governor or of the Council to admit a Lieutenant 
 Governor to be present at the Board when they shall judge it 
 proper. 
 
 I am with Great Respect, 
 
 Your Excellency’s most obedient Servant, 
 
 THO. HUTCHINSON. 
 
 LETTER FROM THOMAS CUSHING, SPEAKER, TO DENNIS DE BERDT. 
 
 Boston, 19 March, 1767. 
 
 The House of Representatives wrote you some time since 
 concerning the very extraordinary manner in which Governor 
 Palliser, and the officers under his immediate command had 
 treated our Fishermen, and at the same time inclosed you 
 sundry Depositions relative thereto. We are very sorry to 
 find ourselves under the disagreeable necessity of making fur- 
 ther complaints with respect to the conduct of that Gentleman. 
 You will observe by the inclosed Proclamation transmitted 
 from him to His Excellency Governor Bernard, and by him 
 printed and dispersed here, that he charges our Fishermen with 
 having perpetrated the most horrid crimes imaginable, such as 
 Murder, Robbery, Theft, &c., to the endangering of, not only 
 the British Cod Fishery, but likewise the present harmony 
 subsisting between the English and the Northern Tribes of 
 Indians: These are crimes reproachful to Human Nature, and 
 
MASSACHUSETTS PAPERS. 
 
 41 
 
 such as the People of this Province by no means deserve to be 
 charged with ; for after the most diligent Inquiry into the mat- 
 ter of Gentlemen of the most undoubted veracity, who have 
 spent whole Summers upon that Coast, we can’t find any one 
 Fact that could possibly give colour to such a charge; nor has 
 Mr. Palliser himself furnished Governor Barnard with any one 
 instance whereon to build this his most Injurious Representa- 
 tion. 
 
 We are the more alarmed at this Gentleman’s most extra- 
 ordinary conduct, inasmuch as, it seems, he is a good deal 
 attended to by the Ministry, and his representations have 
 already made some very dangerous impressions Avith respect to 
 the American Trades, and more especially that important and 
 interesting Branch the Cod Fishery. We are informed it was 
 in consequence of some suggestions made by him that the 
 Commissioners of his Majesty’s Customs have lately issued 
 some new and extraordinary orders relative to the Regulations 
 of the vessels employed in our Cod Fishery, which if attended 
 to literally must soon have put an End to that most important 
 Branch of our Business : These regulations and orders conse- 
 quent npon them, were transmitted to the Collector of the Port 
 of Salem (the Port to which belongs the principal part of our 
 Cod Fishery), requiring him to oblige them to go through the 
 same Formalities of Assize as are required from trading ves- 
 sels in general, the Surveyor General of his Majesty’s Customs 
 of this District has, from the necessity of the thing directed the 
 aforementioned Collector to Act under such a limited construc- 
 tion of those orders as affords some temporary Respite from 
 the evils which must arise from a conformity to the strict letter 
 of them : The Surveyor General has represented this matter in 
 a light favorable to the Interest of the Province, to the Com- 
 missioners of the Customs ; at which office you may find his 
 statement of Facts and Reasoning upon the subject. 
 
 The House desire you would use your utmost endeavours to 
 get the aforementioned order either reversed, or so qualified as 
 6 
 
42 
 
 MASSACHUSETTS PAPERS. 
 
 to prevent those inconveniences, which must be the necessary 
 Consequences of them, if extended to the length above men- 
 tioned. You will likewise take every other prudential step 
 which may have a tendency towards removing any ill impres- 
 sions which may have been made, or guarding against any 
 measures that may be in danger of taking place in consequence 
 of the partial representations which Mr. Palliser has already 
 made, or may hereafter make with respect to either the Inhabi- 
 tants of this Province or its Commerce. 
 
 We are informed there have been several Eemonstrances 
 sent Home from America against Mr. Palliser’s Conduct, par- 
 ticularly from Canada. You may probably be better able to 
 effect any measures you may think necessary to undertake by 
 concerting means and co-operating with the gentlemen who 
 have the conducting of those matters. 
 
 In the name and behalf of the House 
 of Representatives, 
 
 I am y. Humble Serv’t, 
 
 THOS. CUSHING, Speaker. 
 
 Dennis De Berdt. 
 
 LETTER FROM A COMMITTEE OF THE MERCHANTS OF BOSTON TO 
 DENNIS DE BERDT. 
 
 Boston, July 28, 1767. 
 
 Sir: 
 
 We received your several favors of the 9th and 4th of 
 March, and duly observe what you say relating to our Concerns 
 in which you have so kindly engaged. We are greatly obliged 
 to you for the trouble you have taken in the Article of the 
 Fishery, and hope we shall feel the good effects of it this year. 
 As you must, from your situation, know better than we 
 
MASSACHUSETTS PAPERS. 
 
 43 
 
 what conjunctures are favorable and what are not so, we leave 
 it to you, as the best judge, when and how far to push any 
 affairs in which we are concerned ; and therefore acquiesce in 
 your deferring the delivery of our Petition, for the reasons 
 given. 
 
 It gives us great concern to find that mistakes and misrepre- 
 sentations have raised us so many and so powerful enemies on 
 your side the water. But as it is so, we are the more sensible 
 of our obligations to the Noble Lord you mention, and others 
 who appear in our favour, when we stand in so much need of 
 them. 
 
 As we are convinced of your disposition and ability to serve 
 us, we flatter ourselves you will still continue to be our Advo- 
 cate as occasion may offer, especially as we shall desire nothing 
 that is unreasonable in itself or in any manner detrimental to 
 the Interest of Great Britain. In the meantime permit us, Sir, 
 to assure you that we feel the warmest sentiments of gratitude 
 for your generous and disinterested Friendship to us, and for 
 the services you have done, and endeavoured to do, to this 
 Province. We are with the greatest Respect, 
 
 Sir, 
 
 Your obliged and 
 
 Most obed’t hum. Serv’ts, 
 
 EDWARD LAYNE, 
 
 THOMAS GRAY, 
 
 JOS. GREEN, 
 
 JOHN ROWE, 
 
 JOHN ERYING, Jun., 
 
 SAM’L HUGHES. 
 
 Committee of the Merchants in Boston. 
 
 Dennys De-Berdt, Esq’er. 
 
44 
 
 MASSACHUSETTS PAPERS. 
 
 MEMORIAL FROM DENNIS DE BERDT TO THE EARL OF SHELBURNE.* 
 
 To the Right hon’ble Lord Shelburne, one of his Majesty’s 
 
 Principal Secretaries of State, the Memorial of Dennis De 
 
 Berdt, Agent for the House of Representatives of Massachu- 
 setts Bay, 
 
 Humbly Showeth, 
 
 That the said Colony duly observes and are thankful for, the 
 great tenderness and concern the present and late Ministry 
 have discovered for the Interest of that Colony and the Ample 
 testimony they have given of their readiness to relieve them of 
 every Burden relating to their Commercial Interest, induces 
 them to make the following Representations of the Embarrass- 
 ments which at present attend their Trade. 
 
 Your Mem’ist humbly begs leave to represent to your Lord- 
 ships several things contained in his Instructions; the Restric- 
 tions of the Trade to the Sugar Islands and the heavy duty 
 Imposed on Foreign Sugars will destroy our Navigation and 
 Fishery and will prevent any but the finest sorts being Im- 
 ported into America, and thereby give the french the advan- 
 tage of Manufacturing them. 
 
 The deeming all sugars imported from the Continent french 
 prevents a valuable return to Gr. B. for her Manufactures. 
 
 The great care of the officers in America in Loading Vessels 
 there makes it needless for those vessels to call and unload at 
 G. B. occasions so large an expence, as entirely to destroy that 
 Trade. 
 
 The multiplicity of Bonds occasions an expense equal to the 
 first cost of the Lumber and some of them are twelve months 
 before they are cancelled. 
 
 * William, the second Earl of Shelburne, afterwards (in 1782) Prime Min- 
 ister of England, and in 1784 created Earl of Weymouth and Marquess of 
 Landsdowne. He died in May, 1805. 
 
MASSACHUSETTS PAPERS. 
 
 45 
 
 Another Grievance is the unlimited power of the officer to 
 carry the vessel he seizes into what Port he pleases in the Con- 
 tinent, and after miscarrying in a tedious process is liable to no 
 cost. 
 
 Your Memorialist’s Constituents further observe that in 
 those Ports where a regular Custom House is settled the Naval 
 Officer may be removed. 
 
 Another difficulty is on their Trade to Spain and Portugal 
 by the Ships from thence being obliged to stop in England, by 
 which fruit and other perishable comodities are liable to be 
 spoiled, by the length of the voyage. 
 
 But the grand matter of Complaint is the Restraint laid on 
 their Fishery, no American being suffered to take Cod in the 
 Straits of Belisle, or on Labrador shore, and thereby rendering 
 our new watery acquisitions entirely useless, and the Restraint 
 itself be attended with a very large expence, and instead of 
 endeavoring to make the most of that extensive Fishery, it is 
 become a scene of Violence between the Europeans and Ame- 
 ricans — the interruption of the Fishery is weakening our Naval 
 Power and depriving the Americans of the most valuable 
 source for taking of and paying for the Manufactures of G. B. 
 
 Your Memorialist takes the liberty to lay before your Lord- 
 ship a few Sentiments relating to the Fishery, that inexhaust- 
 able fund of Riches and power to G. B. this valuable Treasure 
 may be viewed in a two fold light, as a Nursery for Seamen 
 and as occasioning a Consumption and affording means to pay 
 for our Manufactures. 
 
 The Fishery carried on from G. B. to America may produce 
 a Number of Seamen for the speedy manning a fleet, the N. 
 E. fishery in the Straits of Belisle is absolutely necessary for 
 furnishing Sailors either for the recruit of the cruize or acting 
 offencively in America, as its remarkably evident they did 
 when the forces of America without any assistance from Home 
 took the Strong Fortifications of Cape Breton, and therefore 
 they are as really necessary as the European Supplies. 
 
46 
 
 MASSACHUSETTS PAPERS. 
 
 The other view of the Fishery is its being a source of Riches, 
 nay, an inexhaustable source, exceeding the Mines of Mexico 
 and Peru, to lay auy restraint upon it in this view, is diminish- 
 ing the National Treasures, stinting the growth of the Colonies 
 and the greatest disadvantage to the Manufacturers of G. B. 
 Restraints that are laid upon it are of that nature that your 
 Memorialist apprehends they will not be fully removed, but by 
 an Act of Parliament to explain that of William 3rd. and give 
 free Liberty to all the British subjects to Improve the Fishery 
 to the utmost, which greatly strengthens our Naval Power. 
 
 Your Memorialist’s Constituents, have such an Opinion of 
 the Justice and Wisdom of the present Administration that 
 they doubt not it will appear reasonable to them and that as 
 soon as these grievances are made known they will be re- 
 dressed. 
 
 MEMORIAL FROM DENNIS DE BERDT TO THE EARL OF SHELBURNE, 
 
 1767. 
 
 My Lord : 
 
 It is now received as an undoubted proposition, that the 
 strength, riches, and Influence of Great Britain depend upon 
 Commerce. Whatever, therefore, diminishes our Commerce 
 must Impoverish and weaken our National Influences. 
 
 Our Commerce has been greatly curtailed in most parts of 
 Europe and we have therefore only our connexion with Ame- 
 rica to trust to, as the source of our Strength, Riches, and 
 Felicity. 
 
 Every thing therefore that Interrupts and weakens the 
 mutual confidence which has been remarkable for a hundred 
 years past, between Great Britain and her Colonies, must 
 enfeeble the strength and diminish the riches of the Mother 
 Country. 
 
MASSACHUSETTS PAPERS. 
 
 47 
 
 The advantage to be drawn from our American Colonies 
 must arise, not from Taxes of any kind, but from extending 
 our Trade — whatever measures Straitens and cramps our 
 Trade, can never be compensated by any Taxation, nor any- 
 thing be an equivalent for the decay of that mutual Harmony 
 and friendly intercourse, which are the necessary cement of our 
 Trade with them. 
 
 So deep a Scar was made by the late Stamp Act as is not 
 hardly healed, making any fresh wounds, in our Commerce, if 
 persisted in, must unavoidably occasion painful sensations, not 
 only in America, but in Great Britain, and be felt not merely 
 by the Merchants but by every Manufacturer with whom they 
 are connected and no one corner of the Kingdom will escape 
 the baneful influence. 
 
 To put any difficulties on the American Trade, will inevita- 
 bly diminish our exports to that Country, from their inability 
 to pay the Merchants for the Manufactures imported by them, 
 which inability will be the same whether the people in Ame- 
 rica resolve to take goods or not. 
 
 The Governor and Judges being independent of the people 
 which must render the course of Justice precarious, will be a 
 further discouragement to Trade, and will raise fresh in the 
 minds of the Americans the evils that attended such a measure 
 when their forefathers left their native Country. 
 
 When the Merchants dare no longer venture their substance 
 on such uncertainties, the Americans will be under the neces- 
 sity of using their own Manufactures, tho’ contrary to their 
 present taste and inclination, to prevent them pursuing this 
 only resource and remedy, must be the most manifest Injustice 
 and as absurd as to make a Law to oblige them to go naked. 
 
 The only method to secure our mutual Interests and effec- 
 tually prevent the Americans thinking seriously of Manufac- 
 turing must be to encourage cultivating their lands and ex- 
 tending their Commerce, and thereby enabling them to pay for 
 the various Merchandise of Great Britain, which at present lie 
 
48 
 
 MASSACHUSETTS PAPERS. 
 
 on hand for want of a market and will leave thousands of our 
 poor unemployed and ripe for Tumult and confusion. 
 
 I submit to your Lordship’s Superior judgment if any sum 
 of money raised by taxes, can compensate the evils which 
 must inevitably follow, discouraging a Trade to the amount of 
 two Millions a year and which employs a hundred thousand 
 hands who are already in the greatest distress thro’ the dear- 
 ness of provisions, and whose distresses before the Winter is 
 out may make them desperate, as well as losing the confi- 
 dence and esteem of two millions of the most loyal Subjects in 
 his Majesty’s Dominions, whose Affection for their Mother 
 Country is Strong and Natural. 
 
 I am 
 
 Your Lordship’s 
 
 Dutiful and Obedient Servant. 
 
 EXTRACT OP A LETTER FROM GOV’R BERNARD TO THE EARL OP 
 SHELBURNE, DATED BOSTON 3d. JAN. 1768. 
 
 I received Your Lordship’s Letter N. 11, by the November 
 Mail, which arrived here this day Sennight ; the October Mail 
 which has other letters of your Lordship for me is not arrived 
 here, tho’ by the accounts we have it is daily expected ; I have 
 therefore at present only to say that I shall regard the letter 
 now received rather for my own Instruction than a direction to 
 others. The time is not yet come when the House is to be 
 moved against popular printers however profligate and flagi- 
 tious. But if there yvas a view of success, I should by no 
 means think it proper to make such an attempt now when the 
 House shows so good a disposition to a reconciliation to 
 Government of which they have given good proof since the 
 date of my former Letter : They have acted in all things even 
 
MASSACHUSETTS PAPERS. 
 
 49 
 
 iii their Eemonstrance (as far as I who have not been allowed 
 a sight of it, can learn) with Temper and moderation. They 
 have avoided some subjects of dispute and have laid a founda- 
 tion for removing some causes of former Altercations. I speak 
 this only from private report, nothing of this kind very mate- 
 rial having as yet come up to me. 
 
 But in one thing the House have shown itself contra Agent 
 to the Faction, who want again to embroil America. There is 
 no doubt but the principal Design in forming these remon- 
 strances was to set an example to the rest of America, and pro- 
 duce a general Clamour from every other Assembly against the 
 late Acts. This was partly defeated by my refusing to call the 
 Assembly before the usual time ; and again by the House’s re- 
 solving to form their remonstrance in such a manner that it 
 should not of necessity be made public ; but tho’ this last in- 
 tention was quite inconsistent with the purpose of communi- 
 cating the substance of their remonstrance to the other Assem- 
 blies, yet it did not discourage the party from attempting it. 
 The House was accordingly moved that a day be assigned to 
 take into consideration the propriety of informing the other 
 Governments with their proceedings against the late Acts, that 
 if they thought fit, they might join therein ; Upon the day, 
 this was strongly opposed and fully debated, it was said by the 
 opposers of the motion, that this would be considered at home 
 as appointing another Congress, and perhaps the former was 
 not yet forgot. Upon the close of the debate, it was carried in 
 the negative bj T at .least 2 to 1. Ho one transaction in the 
 House has given me so great hopes that they are returning to 
 a right sense of their duty, and their true Interest, as this has 
 done ; and I hope it will make some atonement for their Re- 
 monstrance. 
 
 A true Copy. 
 
 In the absence of the Clerk of the Papers. 
 
 7 
 
 JHO. SPEED. 
 
50 
 
 MASSACHUSETTS PAPERS. 
 
 EXTRACT OF A LETTER FROM GOVERNOR BERNARD TO THE EARL 
 OF SHELBURNE, DATED BOSTON, JAN. 21, 1768. 
 
 I found it necessary to call the Assembly sooner than I 
 intended, and they accordingly met on Dec. 30th. I deferred 
 giving your Lordship any account of their proceedings till they 
 should become interesting enough to deserve your Lordship’s 
 Notice. The first 18 days were spent in preparing Remon- 
 strances against the Act for imposing New Duties, and direct- 
 ing the application of them for the support of Justice and the 
 Government. A few days before the meeting of the Assembly 
 the Speaker of the House was with me, and in the course of 
 conversation informed me that it was intended to remonstrate 
 against the late Acts, afid asked my opinion upon it. I told 
 him that if they were determined upon that step I would advise 
 them to do it in such a manner that the Terms of their Remon- 
 strance might not necessarily come before Parliament, for I 
 knew that however cautiously it might be worded it would not 
 be free from a claim of a right to an exemption from Acts of 
 this kind and I was well assured that however favourable the 
 Parliament had been to them heretofore it was at present by 
 no means disposed to bear with a farther dispute of their 
 Authority so soon after it had been so solemnly declared to be 
 inherent in them; and especially in the present case, which was 
 of Port Duties, which had heretofore been admitted to belong 
 to Parliament, and now were to be taken away by a refinement 
 which however it might read in American Newspapers, could 
 never be heard in the Two Houses, which allowed of no dis- 
 tinctions in what they should think fit to enact for America. I 
 added that if they should think fit to address His Majesty’s 
 Secretary of State upon this Occasion, it was my official busi- 
 ness to take the charge of it, and I should faithfully remit it, 
 whatever the contents were, and if they put it into other hands, 
 
MASSACHUSETTS PAPERS. 
 
 51 
 
 I should Kemonstrate against it as being irregular and uncon- 
 stitutional for any Addresses to pass from an Assembly (where 
 the King has a Representative presiding) to His Majesty either 
 directly or indirectly, except thro’ the mediation of His Repre- 
 sentative. 
 
 As soon as the Assembly met, the House ordered the Com- 
 mission of the Commissioners of the Customs which was Regis- 
 tered in the Secretary’s Office to be brought in and read, and 
 then appointed a Committee to consider the State of the Pro- 
 vince and Report. This Committee reported a Letter to Mr. 
 De Berdt, their Agent, and another to Your Lordship. These 
 being very long they took many days consideration, in which 
 many offensive passages were struck out ; tho’ I am told there 
 still remains at least in the Letter to Mr. De Berdt several bold 
 expressions. These two letters took up 18 days, after which 
 the Committee reported an address to the King, which was con- 
 cluded and agreed upon in 4 or 5 days more, when the two first 
 letters were finished I directed the Secretary to ask the Speaker 
 to let me have a sight of them as I had been always used to do 
 in like cases, without ever being refused. The Speaker said 
 he must advise about it, and afterwards told the Secretary that 
 there was an order of the House that no Copies should be taken 
 and therefore he could not let me see them. The Secretary re- 
 plied that that was no objection to my seeing them, for that I did 
 not want any copy and would give him an Assurance that no 
 Copy should be taken whilst in my hands and advised him to 
 see me. The Speaker came to me and repeating his difficulties 
 offered to take the opinion of the House. I told him he should 
 not move the House in my name, for I would not put it in 
 their power to refuse me this ; that I had already waited five 
 days for a sight of those papers, and if he would not let me 
 have it now, I should take it as a refusal and should acquaint 
 the Secretary of State with it. He still said that he would 
 endeavour to get leave to shew them to me, but nothing has 
 been done. I must add that I by no means apprehend this to 
 
52 
 
 MASSACHUSETTS PAPERS. 
 
 be an affront to my person, but my Office, for at this time the 
 Speaker himself seemed uncommonly desirous for some other 
 means to persuade me of his respect ; and the House from the 
 time of the opening of the Session to this day has shown their 
 disposition to avoid all dispute with me; everything having 
 passed with as much good humor as I could desire, except only 
 their continuing to act in addressing the King, remonstrating 
 to the Secretary of State and employing a separate Agent as if 
 they were the States General of the Province, without a Gov’r 
 and King’s Council. It is the Importance of their innovation 
 without any influences of my own which induces me to make 
 this remonstrance to Your Lordship at a time when I have a 
 fair prospect of having in all other business nothing but good 
 to say of the proceedings of this House, I mean so far as their 
 disposition has hitherto appeared. 
 
 A true Copy. 
 
 In the Absence of the Clerk of the Papers. 
 
 JNO. SPEED. 
 
 CIRCULAR LETTER SENT BY THE HOUSE OF REPRESENTATIVES OF 
 THE PROVINCE OF MASSACHUSETTS BAY, TO THE SPEAKERS OF 
 THE HOUSES OF REPRESENTATIVES OF THE SEVERAL GOVERN- 
 MENTS ON THE CONTINENT. 
 
 Province of the Massachusetts Bay, Feb. 11, 1768. 
 
 Sir: 
 
 The House of Representatives of this Province have taken 
 into their serious consideration the great difficulties that must 
 accrue to themselves and their constituents by the operation of 
 the several Acts of Parliament imposing Duties and Taxes on 
 the American Colonies. 
 
 As it is a subject in which every Colony is deeply interested 
 they have no reason to doubt, but your Assembly is duly im- 
 
MASSACHUSETTS PAPERS. 
 
 53 
 
 pressed with its importance, and that such Constitutional mea- 
 sures will be taken by them as are proper. 
 
 It seems to be necessary that all possible care should be 
 taken that the Representatives of the several Assemblies upon 
 so delicate a point should harmonize with each other: The 
 House therefore hope that this Letter will be candidly consid- 
 ered in no other light than as expressing a disposition freely to 
 communicate their mind to a Sister Colony upon a Common 
 concern in the same manner as they would be glad to receive 
 the sentiments of your or any other House of Assembly on the 
 Continent. 
 
 This House have humbly represented to the Ministry their 
 own sentiments that his Majesty’s high Court of Parliament is 
 the Supreme Legislative Power over the whole Empire : That 
 in all free States the Constitution is fixed, and as the Supreme 
 Legislative derives it’s power and Authority from the Consti- 
 tution, it cannot overleap the bounds of it without destroying 
 it’s own foundation : That the Constitution Ascertains and 
 limits both Sovereignty and Allegiance, and therefore his Ame- 
 rican Subjects who acknowledge themselves bound by the Ties 
 of Allegiance, have an equitable claim to the full enjoyment of 
 the fundamental Rules of the British Constitution : That it is 
 an essential unalterable Right in Nature engrafted into the 
 British Constitution as a fundamental Law and ever held sacred 
 and irrevocable by the Subjects within the Realm, that what a 
 man has honestly acquired is absolutely his own, which he 
 may freely give but [which] cannot be taken from him without 
 his consent. That the American Subjects may therefore, ex- 
 clusive of any consideration of Charter Rights, with a decent 
 firmness adapted to the character of Freemen and Subjects 
 Assert their National Constitutional Rights. 
 
 It is moreover their humble opinion, which they express 
 with the greatest deference to the Wisdom of the Parliament 
 that the Acts made there imposing Duties on the People of this 
 Province with the sole and express purpose of raising a Reve- 
 
54 
 
 MASSACHUSETTS PAPERS. 
 
 nue are infringements of their National Constitutional Rights ; 
 because as they are not represented in the British Parliament ; 
 His Majesty’s Commons in Great Britain by those Acts grant 
 their Property without their consent. 
 
 This House further are of opinion that their Constituents 
 considering their local circumstances cannot by an}?- possibility 
 be Represented in the Parliament : And that it will forever be 
 impracticable that they should be equally Represented there, 
 and consequently not at all: And that His Majesty’s Royal 
 Predecessors were graciously pleased for this Reason to form a 
 Subordinate Legislature here that their Subjects might enjoy 
 the unalienable Right of Representation ; and that considering 
 the utter impracticability of their being fully and equally 
 Represented in Parliament and the great expense that must 
 unavoidably attend even a partial Representation there, this 
 House think that a Taxation of their Constituents, even without 
 their consent, grievous as it is, would be preferable to any 
 Representation that could' be admitted for them there. 
 
 Upon these Principles, and also considering that were the 
 Right in the Parliament ever so clear, yet for obvious Reasons 
 it would be beyond the rules of Equity that their Constituents 
 should be taxed on the Manufactures of Great Britain here in 
 Addition to the Duties they pay for them in England, and 
 other advantages arising to Great Britain from the Acts of 
 Trade, this House have Preferred a humble dutiful and Loyal 
 Petition to our most gracious Sovereign and made such Repre- 
 sentations to His Majesty’s Ministers as they apprehend would 
 tend to obtain Redress. 
 
 They have also submitted it to Consideration whether any 
 People can be said to enjoy any Degree of Freedom, if the 
 Crown, in addition to its undoubted Authority of Constituting 
 a Governor should also Appoint him such a Stipend, as it shall 
 judge proper without the consent of the People and at their 
 expense; and whether while the Judges of the Land and other 
 civil Officers in the Province hold not the Commissions during 
 
MASSACHUSETTS PAPERS. 
 
 55 
 
 good behaviour, their having salaries appointed for them by 
 the Crown independent of the People, hath not a tendency to 
 subvert the Principles of Equity and endanger the happiness 
 and security of the subject. 
 
 In addition to these measures the House have wrote a letter 
 to their Agent, Mr. De-Berdt, the sentiments of which he is 
 desired to lay before the Ministry, wherein they take notice of 
 the hardships of the Act for Preventing Mutiny and Desertion, 
 which requires the Governor and Council to provide enume- 
 rated Articles for the King’s Marching Troops, and the People 
 to pay the expense ; and also of the Commission of the Gentle- 
 men appointed Commissioners of the Customs to reside in 
 America, which Authorizes them to make as many appoint- 
 ments as they think fit, and to pay the Appointees what sums 
 they please, for whose mal Conduct they are not accountable ; 
 from whence it may happen that officers of the Crown may be 
 multiplied to such a degree as to become dangerous to the 
 Liberties of the People, by virtue of a Commission which doth 
 not appear to this House to derive any such advantages to 
 Trade as many have been led to expect. 
 
 These are the sentiments and proceedings of this House ; and 
 as they have too much reason to believe that the enemies of 
 the Colonies have represented them to His Majesty’s Ministers 
 and the Parliament as factious, disloyal and having a disposi- 
 tion to make themselves independant of the Mother Country, 
 they have taken occasion in the most humble Terms to assure 
 His Majesty and his Ministers that with Eegard to the People 
 of this Province and as they doubt not of all the Colonies, the 
 charge is unjust. 
 
 The House is fully satisfied that your Assembly is too gener- 
 ous and enlarged in Sentiment to believe that this Letter pro- 
 ceeds from any Ambition of taking the lead or dictating to the 
 other Assemblies. They freely submit their opinion to the 
 judgment of others, and shall take it kind in your House to 
 point out to them any thing further which may be thought 
 necessary. 
 
56 
 
 MASSACHUSETTS PAPERS. 
 
 The House cannot conclude without expressing their firm 
 confidence in the King our Common Head and Father, that the 
 united and dutiful supplications of his distressed American 
 Subjects will meet with his Royal and favorable acceptance. 
 
 In the name and by order of the House of Representatives, 
 I am, sir, with great respect, 
 
 Y’r most obd’t humble Serv’t, 
 
 THOMAS CUSHING, Speaker. 
 
 To the Speaker of the House of Representatives of the 
 Colony of, &c. 
 
 EXTRACT OP A LETTER FROM GOY’R BERNARD TO THE EARL OP 
 SHELBURNE, DATED BOSTON, FEBRUARY 18th, 1768. 
 
 By my Letter No. 2, 1 informed your Lordship that a motion 
 in the House for circulating a copy of their Proceedings against 
 the late Acts of Parliament to all the Assemblies on the Conti- 
 nent had been rejected by above 2 to 1 and that I formed pro- 
 mising conclusions from this defeat of the factious party. But 
 I was too hasty in my approbation of the Conduct of the 
 House : This was too great a point to be given up ; the party 
 therefore resolved to make another effort, and having prepared 
 the way by privately tampering with and influencing particu- 
 lars, they moved that all the former proceedings upon this 
 point should be obliterated out of the Journal, which being 
 agreed to, the way became clear for another Motion, that a 
 Committee should be appointed to prepare a Circular Letter to 
 the several Speakers of the Assemblies upon the Continent 
 containing an abstract of their remonstrances against the late 
 Act and a desire that the other Assemblies would join with 
 them. A Letter was presently reported and agreed to by the 
 House. 
 
MASSACHUSETTS PAPERS. 
 
 57 
 
 As soon as I knew that this was past I got the Speaker to 
 come to me, and in the presence of the Secretary, required a 
 Copy of the Circular Letter, that I might transmit it to your 
 Lordship, to whom I said I should be obliged to send an ac- 
 count of this extraordinary proceeding which I feared would 
 be thought similar to the Congress in 1765. He said that he 
 did not doubt that it would be easily obtained with the leave 
 of the House. He accordingly asked the Leave of the House 
 the next day, which he not only obtained for the Copy in ques- 
 tion, but also for the other proceedings of which he had refused 
 me the sight some time before. 
 
 I now send your Lordship a Copy of this Circular Letter, 
 which I would animadvert upon if the time would permit. At 
 present I will only make two observations, 1st. That this pre- 
 sent undertaking is calculated to inflame the whole Continent, 
 and engage them to join together in another dispute with the 
 Parliament about the authority of the latter, altho’ the present 
 subject matter was professedly allowed by the Americans them- 
 selves to be within the bounds of the power of Parliament at 
 the time of the former dispute. 2nd. That the Distinctions by 
 means of which they now transfer the matters contained in the 
 late Act of Parliament from the range of what they before 
 conceded to Parliament to that of what they before denied is 
 equally conclusive of all Acts of Parliament imposing Duties 
 in any of the American Ports and consequently if the last Act 
 be given up to those pretensions, all other Acts of American 
 revenue must follow. I shall write fully to your Lordship 
 upon this subject, when I have Leisure to review the proceed- 
 ings of this Session. 
 
 A true Copy. 
 
 In the absence of the Clerk of the papers. 
 
 JNO. SPEED. 
 
 Endorsed , 
 
 Received April 15, 
 
 8 
 
58 
 
 MASSACHUSETTS PAPERS. 
 
 PROCEEDINGS OF THE MERCHANTS OF BOSTON. 
 
 At a full meeting of the Merchants and Traders in the Town 
 of Boston, convened at the British Coffee House the 1st day of 
 March 1768. The following Votes were unanimously passed. 
 
 That it is the opinion of this Company that every Legal 
 Measure for freeing the Country from the present Embarrass- 
 ments should be adopted, and among others the stopping the 
 importation of Goods from G. Britain under certain limitations. 
 And that a Committee be chosen to fix on and Report to this 
 Company on adjournment the best Measures for carrying into 
 execution the foregoing Vote. 
 
 And at their Meeting on Adjournment March 4th, the Com- 
 mittee Reported and the following Resolutions were unani- 
 mously agreed to. 
 
 In Consideration of the great scarcity of money, which has 
 for several years been so sensibly felt among us, and now must 
 be rendered much greater, not only by the immense sums 
 absorbed in the Collection of the Duties lately imposed,- but by 
 the great Checks given thereby to Branches of Trade which 
 yielded us most of our money and means of Remittance. 
 
 In Consideration also of the great debt now standing against 
 us, which if we go on increasing by the excessive Imports we 
 have been accustomed to while our sources of Remittances are 
 daily drying up, must terminate not only in our and our Coun- 
 try’s ruin, but in that of many of our Creditors on the other 
 side of the Water. 
 
 In Consideration further of the danger from some late Mea- 
 sures of our losing many inestimable Blessings, and advantages 
 of the British Constitution which Constitution we have ever 
 Revered as the Basis and Security of all we enjoy in this life. 
 
 Voted, That we will not for one year send for any European 
 Commodities excepting Salt, Coals, Fish, Hooks, Lines, Hemp 
 and Duck, Barr Lead and Shott, Cards and Card Wire. 
 
MASSACHUSETTS PAPERS. 
 
 59 
 
 Toted that we will encourage the produce and manufactures 
 of these Colonies by the use of them in preference to all other 
 manufactures. 
 
 Toted, That in the purchase of such articles as we shall stand 
 in need of we will give a constant preference to such Persons 
 as shall subscribe to these Resolutions. 
 
 Toted, That we will in our separate capacities inform our 
 several Correspondents of the Reasons and point out to them 
 the Necessity of withholding our usual order for their Manu- 
 factures, to the end that the said Impediments may be removed 
 and Trade and Commerce may again flourish. 
 
 Toted, That these Totes or Resolutions be obligatory or 
 binding on us from and after the time that these or other similar 
 or tending to the same salutary purpose be adopted by most of 
 the principal trading Town in this and the neighbouring 
 Colonies. 
 
 And at a further adjournment of said Meeting, March 9th, 
 The Question being put whether it be the minds of the Gentle- 
 men present who have signed the Subscription Papers that they 
 are bound not to forward their orders for any goods ’till the 
 first Tuesday in May next, that the determination of the Mer- 
 chants and Traders in the Neighbouring Towns and Colonies 
 may be known. 
 
 Passed in the affirmative unanimously. It was also Toted, 
 That they would not dispose of any goods sent them on Com- 
 mission nor purchase any of any Factor who should Import 
 them within the Time they themselves shall be restrained from 
 Importing, and that those Gentlemen who have already for- 
 warded their orders for Fall Goods are desired to countermand 
 the same. 
 
 And it was further Toted, That a Committee be appointed 
 to Correspond with the Merchants in the other Trading Towns 
 and Provinces and forward to them the foregoing Totes, and 
 that said Committee be empowered to call a meeting when they 
 
60 
 
 MASSACHUSETTS PAPERS. 
 
 think necessary. The following Gentlemen were appointed a 
 
 Committee for that Purpose. 
 
 A True Copy. 
 
 Attest, 
 
 JOHN HANCOCK, Esq., 
 JOHN ROWE, Esq., 
 
 Mr. EDWARD PAYNE, 
 WILLIAM PHILLIPS, Esq., 
 Mr. THOMAS BOYLESTON, 
 ARNOLD WELLS, Esq., 
 MELATIAH BOURN, Esq., 
 Mr. HENDERSON INCHES, 
 JOHN ERVING, Junr. Esq. 
 
 WM. PALFREY, Clerk. 
 
 LETTER FROM THE COMMITTEE OF THE MERCHANTS OF BOSTON TO 
 EDWARD SHEUFFE AND RICHARD CAREY, ESQS., CHARLESTOWN, 
 MASS. 
 
 Boston, March. 16th, 1768. 
 
 Gentm : 
 
 The Merchants and Traders of this Town having had several 
 Meetings, did on the 9th Instant Unanimously agree to the 
 inclos’d Resolutions, and generally enter’d into Subscriptions 
 for that purpose — and in Consequence of these Yotes we address 
 you Gent’n to desire the favour of you to promote the same 
 Measure and Resolutions with the Merchants and Traders of 
 your Town, or any of your Neighbouring Towns, where there 
 are Importers — and we doubt not you will see the propriety 
 of this method and prosecute the same with a zeal adequate to 
 the importance of it. As we apprehend this plan will have a 
 good Effect, and we hope will in time procure us Relief and be 
 of more service than any Remonstrance we can make — 
 
MASSACHUSETTS PAPERS. 
 
 61 
 
 You will please to observe by the Yotes that it will be neces- 
 sary to act upon tbis Affair as soon as may be, as our obliga- 
 tions in subscribing depend upon the determination of the other 
 Provinces and Trading Towns. \Ye are with esteem, 
 
 Your most humble Servants, 
 
 JOHN HAYCOCK, 
 
 JOHN HOWE, 
 
 EDWARD PAYYE, 
 
 WM. PHILLIPS, 
 
 THO. BOYLSTOY, 
 ARYOLD WELLES, 
 MELATIAH BOURY, 
 HEYDERSOY IYCHES, 
 JOHY ERYIYGr, Jun. 
 
 Edward Sheaffe and Richard Carey, Esqs. 
 
 Charlestown, Mss. 
 
 LETTER FROM THE EARL OF HILLSBOROUGH* TO GENERAL GAGE. 
 
 Whitehall, 8th. June, 1768. 
 (Secret and Confidential.) 
 
 Sir: 
 
 I transmit to you for your private information Copies of a 
 Letter from his Majesty’s Commissioners of the Revenue to the 
 Lords of the Treasury ; of my circular Letter to the several 
 Governors upon the Continent in Consequence of it and of 
 Govr. Bernard’s three last Letters to my Office. 
 
 The Contents of these Papers will evince to you how 
 
 * Wills, second Viscount and First Earl of Hillsborough in the Irish Peerage 
 and first Earl of Hillsborough in the English Peerage. In 1768 he was ap- 
 pointed Secretary of State for the colonies, a new distinct department, which 
 he held until 1772, when he resigned. In 1779, he was reappointed to the 
 same situation. 
 
62 
 
 MASSACHUSETTS PAPERS. 
 
 necessary it is become, that such measures should be taken 
 as will strengthen the hands of Government in the Province 
 of Massachusetts Bay, enforce a due obedience to the Laws and 
 protect and support the Civil Magistrates and the Officers of 
 the Crown in the execution of their Duty. 
 
 For these purposes I am to signify to you his Majesty’s 
 pleasure that you do forthwith order one Regiment or such 
 Force as you shall think necessary to Boston to be Quartered 
 in that Town and to give every legal assistance to the Civil 
 Magistrates in the preservation of the public peace ; and to the 
 Officers of the Revenue in the Execution of the Laws of Trade 
 and Revenue. And as this appears to be a service of a delicate 
 nature, and possibly leading to consequences not easily fore- 
 seen, I am directed by the King to recommend to you to 
 make choice of an officer for the Command of these Troops, 
 upon whose prudence, resolution and Integrity you can entirely 
 rely. 
 
 The necessary measures for Quartering and providing for 
 these Troops must be entirely left to your direction, but I 
 would submit to you, whether, as Troops will probably con- 
 tinue in that Town and a place of some strength may in case 
 of emergency be of great service it would not be adviseable to 
 take possession of and repair, if repairs be wanting the little 
 Castle or Fort William and Mary which belongs to the Crown. 
 
 I am &c., 
 
 HILLSBOROUGH. 
 
 Hon’ble Genl. Gage. 
 
 A true copy, 
 
 In the absence of tke Clerk of the Papers 
 
 JNO. SPEED. 
 
MASSACHUSETTS PAPERS. 
 
 63 
 
 LETTER FROM GOVERNOR BERNARD TO THE EARL OF HILLSBOROUGH. 
 
 Boston, June 11, 1768. 
 
 My Lord: 
 
 I am sorry to inform your Lordship, that a great Riot hap- 
 pened in this Town last evening, which had very had conse- 
 quences, tho’ happily there were no lives lost. The Collector 
 and Comptrollers of this Port seized a Sloop for openly and 
 forcibly landing a Cargo of Wines without paying Duty, and by 
 means of assistance from the Romney Man of War, secured her. 
 Upon their return home they were attacked by a mob, with 
 Clubs, Stones, and brickbats. Mr. Harrison the Collector was 
 bruised, particularly in the breast, but kept his legs so as to 
 escape thro’ an alley, Mr. Hollowell the Comptroller , was knocked 
 down and left on the ground covered with blood. He has many 
 wounds and bruises, but none dangerous to life. Mr. Harrison’s 
 son, a young Gentleman, not in any office, who accompanied 
 his Father, was knocked down and dragged by the hair of his 
 head, and would have been killed, if he had not been got into 
 an house by some standers by. In another part of the Town 
 Mr. Irvine under the Board of Commissioners was attacked by 
 another Mob, very much beat and abused and would probably 
 have been killed if he had not been rescued by two of the mob, 
 and enabled to escape thro’ an house. This Gent, was concerned 
 in no ways in the seizure. After this they went to Mr. Hallo- 
 well’s house and began to break his windows and force an 
 entry, but was diverted therefrom by assurances, that Mr. 
 Hallowell was almost killed, and was not at home. They then 
 went to Mr. Harrison’s and broke his windows but he not being 
 at home and the owner of the house, entreating them to depart, 
 they left it ; Then they went to Mr. Williams’ House, one of the 
 Inspectors General, who was then at a distance from Boston, 
 and broke near an hundred panes and did other damage to the 
 
64 
 
 MASSACHUSETTS PAPERS. 
 
 house. But upon Mrs. Williams’ appearing and assuring them 
 that he was absent and only she was at home, they departed. 
 Happily they did not break into any house, for if they had got 
 at a Cellar, the mischiefs would have been greater and more 
 extensive. 
 
 After this they went to a wharf where lay a pleasure boat 
 belonging to Mr. Harrison, built by himself in a particular and 
 elegant manner. This they took out of the water and carried 
 it into the common and burnt it. By this time there were 
 about 500, some say 1000 men gathered together. Whilst the 
 boat was burning some gentlemen who had an Influence over 
 them persuaded them to depart. This was afterwards put to the 
 vote. Whereupon proclamation was made “ each man to his 
 Tent.” Before this they were harangued by a Leader, who 
 among others used these words, as they have been reported to 
 me. “We will support our Liberties, depending upon the 
 Strength of our own Arms and God whilst they were upon 
 the Common they got some Bum, and attempted to get more> 
 if they had procured it in quantity God knows where this thing 
 would have ended. And now the terror of the night is over it 
 is said to be only a prelude to further mischiefs, the threats 
 against the Commissioners and all the Officers of the Board 
 being renewed with as great malice as ever. 
 
 This morning I got the Council together as soon as I could, 
 and laid the affair before them. After a long altercation about 
 what should be done, in which appeared a disposition to meddle 
 with it as little as possible, It was advised and ordered, that 
 such of the Council as were Justices of the Peace, should assist 
 me in ascertaining the Facts of the Examination of Wit- 
 nesses; and Monday morning at 9 o’clock is appointed for pro- 
 ceeding upon this business. When this is done I shall be able 
 to give your Lordship a more full and particular account of this 
 affair. At present what I send is only the heads of it, which I 
 dare say will vary materially from the most authentic Accounts, 
 and I write this at present in order to send it by the Post to 
 
MASSACHUSETTS PAPERS. 
 
 65 
 
 New York to take the chance of the Packet, which it will pro- 
 bably just hit the time of. 
 
 I am with great respect, My Lord, 
 
 Your Lordship’s most obedient and 
 most humble Servant, 
 
 The Right Hon’ble the 
 Earl of Hillsborough. 
 
 FRA. BERNARD. 
 
 P. S. June 13. — This morning early I received a Letter from 
 the Commissioners informing me of some particulars from 
 whence they concluded that they were immediately exposed to 
 further violences, and therefore they on Saturday evening took 
 shelter on board the Romney Man of War, that it being neces- 
 sary to provide for their further security they desire that their 
 Pamilies and Officers may be accommodated and protected at the 
 Castle. I immediately answered this by enclosing an order to 
 the Captain of the Castle to receive them accordingly. 
 
 This morning a paper was found stuck up on Liberty Tree 
 inviting all the Sons of Liberty to meet at 6 o’clock tp clear 
 the land of the Vermin which are consuming them, &c. &c. I 
 have been in Council all this morning to consider of preventing 
 an Insurrection to night. No resolution has or will be taken 
 before I send away this ; perhaps the Commissioners retiring- 
 may assist our purposes. 
 
 A true Copy, 
 
 In the Absence of the Clerk of Papers, 
 
 JNO. SPEED. 
 
 COPY OF A LETTER FROM THE COMMISSIONERS OF CUSTOMS TO THE 
 LORDS OF THE TREASURY, WITH ACCOMPANYING JOURNAL AND 
 DEPOSITIONS. 
 
 May it please your Lordships : 
 
 In our former Memorials to your Lordships, we represented 
 the disaffection of the People here to the Revenue Laws, and 
 9 
 
66 
 
 MASSACHUSETTS PAPERS. 
 
 from the many treasonable publications that had been spread 
 through all the Provinces, and the Correspondence carried on 
 by the several Assemblies, we were persuaded there had been 
 a long concocted and intensive plan of resistance to the 
 authority of Great Britain; and we believe that the seizure 
 referred to ill the inclosed Papers, has hastened the People of 
 Boston to the Commission of actual violence sooner than was 
 intended. 
 
 From their outrageous behaviour towards our Officers, and 
 their repeated threats of immediate violence to our Persons, we 
 found it absolutely necessary in order to save his Majesty’s 
 Commission from further insult, and to preserve our lives, to 
 take shelter on board his Majesty’s ship the Romney, in Boston 
 Harbour, from whence we are removed into Castle William to 
 carry on the business of the Revenue, till we can receive such 
 protection as will enable us to act in safety in Boston. 
 
 We herewith lay before your Lordships Copies of our Min- 
 utes of the 13th and 14th Inst, together with Copies of 
 several Affidavits and Letters relative to our present situation 
 agreeable to the Schedule inclosed, and we beg leave to submit 
 our opinions, that nothing but the immediate exertion of Mili- 
 tary Power will prevent an open revolt of this Town, which 
 may probably spread throughout the Provinces. 
 
 Which is humbly submitted, 
 
 HENRY HTJLTON. 
 
 T. TEMPLE. 
 
 WM. BURCH. 
 
 CHAS. PAXTON. 
 
 JOHN ROBINSON. 
 
 Castle William, 
 
 Boston Harbour, 
 
 June 16, 1768. 
 
 To the R’t Hon’ble 
 The Lords op the Treasury. 
 
MASSACHUSETTS PAPERS. 
 
 67 
 
 (Copy No. 2.) 
 
 On Board his Majesty’s Ship Romney, 
 Monday, 13 June, 1767. 
 
 Henry Fulton Esq. in the Chair. 
 
 Present: Mr. Robinson, Mr. Burch, Mr. Paxton, and Mr. 
 Temple. 
 
 Mr. Harrison Collector of this Port having laid before the 
 Board on the 10th Instant, an information taken on Oath setting 
 forth that the Tidesman placed on board the Sloop Liberty, which 
 arrived from Madeira on the 9th day of May, had been forcibly 
 confined on board the said Vessel, during which time part of 
 the Cargo had been unladen, before entry thereof had been 
 made at the Custom House or Naval Office ; the Commissioners 
 referred the matter to the Consideration of the Solicitor, and in 
 the evening the Collector and Comptroller made seizure of the 
 said Vessel and delivered her into the charge of the Master of 
 his Majesty’s Ship Romney, which lay near the wharf when 
 the seizure was made, who immediately carried her along side 
 the said Ship, as there was a Mob assembled who attempted to 
 rescue her. The Collector and Comptroller with the Son of the 
 Collector, on their return from the wharf into Town, were 
 attacked by a numerous and outrageous Mob. Mr. Irving, 
 Inspector of Imports and Exports, who happened to be passing 
 the same way in his return from the wharf, was likewise 
 attacked by the Mob, who cried out he is a Commissioner, kill 
 him, kill him, these several Persons were grossly insulted and 
 much bruised and escaped with the utmost hazard of their 
 Lives, the Collector having been confined to his Bed, and in 
 great danger from a blow he received on his breast with a stone 
 or brickbat thrown at him, and the Comptroller having been 
 likewise confined to his house under the care of a Surgeon, 
 from the wounds and Bruises he received ; after these violences 
 committed on the Persons of the Officers the Mob proceeded to 
 
68 
 
 MASSACHUSETTS PAPERS. 
 
 the Houses of the Collector and Comptroller, broke their win- 
 dows and those of Mr. Williams Inspector-General, and they 
 concluded the Night with dragging the Collector’s Boat from 
 the wharf through the Town to the Common, where they 
 burnt it. 
 
 Whilst these outrages were committing, the Commissioners 
 had every reason to expect they should meet with the like 
 insults, and therefore retired from their houses, taking shelter 
 till after midnight with their families in the Houses of some 
 Persons in the Neighbourhood. Early on the next day the 
 Gov. acquainted the Commissioners that the Council would 
 meet on the affair of the Riot of the preceding Evening, and 
 desired, if the Board had any thing to communicate to them 
 thereon, that it might be laid before them, upon which the 
 Chairman summoned the Commissioners to meet, it not being a 
 Board day, when they wrote a letter to Governor Bernard and 
 the Collector, Comptroller, Mr. Irving and Young, Mr. Harrison 
 having sent to the Board their affidavits on the affair, the Com- 
 missioners immediately directed the Secretary to lay them 
 before the Governor in Council. The Board received a letter 
 from Mr. Oliver, Secretary of the Province, acquainting them, 
 that the inquiry into the affair of the Riot was referred to a 
 Committee of the Council, to be reported on Monday, 11th. 
 During this day the Commissioners received frequent Informa- 
 tions that further Riots were intended, and in the afternoon a 
 verbal message was brought to them, at Mr. Paxton’s, where 
 four of them dined in company with the Governor, that the 
 Town was in a great ferment, and that Mr. Hancock, the owner 
 of the Sloop, desired she might be restored upon his giving 
 Bond to answer the Prosecution that might be commenced 
 against her, in order to quiet the Town; the Commissioners 
 told the Person they could give no answer to verbal messages, 
 that if the owner had any application to make to them, he 
 must do it in writing to be laid before the Board. The Com- 
 
MASSACHUSETTS PAPERS. 
 
 69 
 
 missioners considering this application as a menace, and finding- 
 no measures bad been taken by tbe Governor and Council for 
 securing tbe Peace of the Town, and tbe Governor having 
 repeatedly told tbe Commissioners that be could give them no 
 protection, and that be would not apply to General Gage for 
 Troops, unless tbe Council advised him to it, and at this time 
 said there was no safety for them in this place and they con- 
 sidering tbe Temper of tbe People and tbe appearance of 
 further disturbances that night, thought it most prudent to 
 secure a retreat on Board bis Majesty’s ship, and accordingly 
 wrote to Capt. Corner, and in tbe Evening Mr. Burch and Mr. 
 Hulton with their Families went on board the Bomney, and 
 tbe next day Mr. Robinson and Mr. Paxton came on Board tbe 
 Man of War, when tbe Commissioners wrote a letter to Gover- 
 nor Bernard. 
 
 Monday 13th. Read a letter of Yesterday’s date from tbe 
 Chairman to tbe Secretary. 
 
 Read a letter wrote by Three Commissioners at 3 o’clock this 
 morning to tbe Collector and Comptroller at Boston. 
 
 Read a letter of tbe 11th Inst, from tbe Collector and Comp- 
 troller of Boston, giving an account of their seizing tbe Ship 
 Liberty, Capt. Bernard, from Madeira and delivering her into 
 tbe possession of tbe Master of tbe Ship Romney. 
 
 Read a letter of this date from Governor Bernard, inclosing 
 orders to tbe Captain of Castle William for receiving tbe Com- 
 missioners with their Families and tbe officers of tbe Board, 
 into tbe Castle, and giving them all tbe protection in bis power. 
 Read a letter wrote yesterday by tbe Chairman to tbe Comp- 
 troller and Collector of Boston directing them to draw up and 
 deliver to tbe Secretary a written representation of tbe Pro- 
 posals made for returning tbe seizure to Mr. Hancock. As tbe 
 present meeting of tbe Board is to concert measures to be 
 immediately taken for tbe Honour of Government and Security 
 of tbe Revenue, 
 
70 
 
 MASSACHUSETTS PAPERS. 
 
 Resolved , That Capt. Corner be desired to take a seat with 
 the Commissioners at the Board, and he assisted at the Board 
 accordingly. 
 
 Bead a letter from the Collector and Comptroller of Boston 
 dated June 12th, in answer to the letter wrote by the Chairman 
 Yesterday. Signed a letter to Capt. Corner. Signed a letter 
 to Governor Bernard. — Ordered that it be delivered to him by 
 the Secretary. The Board adjourned till to-morrow Morning 
 10 o’clock, when Mr. Temple and the Secretary at 2 o’clock 
 went on Shore, the other Four Commissioners and their Fami- 
 lies remaining on Board. 
 
 H. H. 
 
 On Board his Majesty’s Ship Romney. 
 
 Tuesday, 14tli June, 1768. 
 
 Henry Fulton Esq., in the chair. 
 
 Present: Mr. Burch, Mr. Robinson, Mr. Paxton and also 
 Capt. Corner, who was desired to attend as yesterday. 
 
 The Secretary having in the evening been directed to 
 acquaint Mr. Temple that the Board would meet at 9 o’clock 
 this morning, and that the Custom House Barge would attend 
 at Wheelwright wharf to take on Board the Ship Mr. Temple, 
 the Secretary and such other officers as might be there. 
 
 About 11 o’clock, no boat appearing at the wharf before, the 
 Secretary came on board bringing with him a Letter from Mr. 
 Temple excusing his attendance at the Board on account of the 
 weather. 
 
 The Board were acquainted that advertisements were yester- 
 day stuck up in various parts of the town and hand bills dis- 
 tributed, of which the following is a copy 
 
MASSACHUSETTS PAPEES. 
 
 71 
 
 Boston, June 13th, 1768. 
 
 “The Sons of Libeety 
 
 “Request all those who in this time of oppression and 
 “ distraction, wish well to, and would promote the Peace, good 
 “ order, and security of the Town and Province to assemble at 
 “Liberty Hall, under Liberty Tree, on Tuesday the 14th 
 “Instant, at 10 o’clock Forenoon precisely.” And that in con- 
 sequence thereof a Red Flag was hoisted yesterday in the 
 afternoon at Liberty Tree and continued Flying this morning, 
 and that about 10 o’clock this morning a great Number of 
 People, supposed to be near 2000 met, and after choosing a 
 Moderator adjourned to Fanuel Hall till 3 o’clock in the after- 
 noon. 
 
 Read another Letter from Governor Bernard dated the 13th 
 Instant. 
 
 The Board taking the said Letters into consideration, together 
 with their letters to the Governor of the 12th and 13th instant, 
 and having received repeated information of the tumultuous 
 and disordered state of the Town of Boston, still continuing 
 and increasing are fully persuaded of the justness and pro- 
 priety of their said Letters to the Governor. 
 
 Resolved , That from the outragious behaviour of the People 
 in the Town of Boston, the Commissioners cannot return there, 
 but at the utmost hazard of their safety and the Honour of the 
 Crown. 
 
 Resolved , That not receiving any assurances from the Go- 
 vernor and Council of protection in Boston the Board judge it 
 expedient to retire to Castle William, which the Governor has 
 offered to the Commissioners in order to carry on the Business 
 of the Revenue. 
 
 Resolved , That a Letter be wrote to Capt. Corner to desire he 
 will put the Commissioners on shore at Castle William, and 
 that he will remain there with his Majesty’s Ship under his 
 command for their protection. 
 
 Read a letter of this date from the Collector and Comptroller 
 
72 
 
 MASSACHUSETTS PAPERS. 
 
 of the Port of Boston, wrote on Board the Ship Romney. 
 Signed a Letter to Oapt. Corner of his Majesty’s Ship Romney. 
 
 H. H. 
 
 Copy of the Deposition of Thos. Dirk, Tidesman in the Port of Bos- 
 ton , dated the 10//i June, 1768. 
 
 I Thomas Kirk of Boston do declare and say, that being ap- 
 pointed one of the Tidesmen on board the Sloop Liberty, Nathl. 
 Barnard Master from Madeira ; I went on board the said vessel 
 the 9th day of May last in the afternoon, and about 9 o’clock 
 in the Evening Capt. Marshall came on board the same vessel 
 and made several proposals to me to persuade me to consent to 
 the hoisting out several Casks of Wine that Might before the 
 Yessel was entered, to all which I peremptorily refused; upon 
 which Capt. Marshall took hold of me, and with the assistance 
 of five or six other persons unknown to this Declarent, they 
 forcibly hove me down the Companion into the Cabin, and 
 nailed the Cover down; I then broke through a door into the 
 Steerage, and was endeavouring to get upon Deck that way, 
 but was forcibly pushed back again into the Steerage, and the 
 Companion Doors of the Steerage also fastened, and was there 
 confined about Three hours, and during that time I heard a 
 noise as of many people upon Deck at work, a hoisting out of 
 goods, as I distinctly heard the noise of the Tackles ; when that 
 noise ceased, Capt. Marshall came down to me in the Cabin and 
 threatened that if I made any discovery of what had passed 
 there that night, my life would be in danger and my property 
 destroyed ; the said Capt. Marshall then went away, and let me 
 at liberty ; and I was so much intimidated by the aforesaid 
 threatenings that I was deterred from making an immediate 
 discovery of the aforesaid transactions, and further this De- 
 clarent saith not. 
 
 (Signed) THOS. KIRK. 
 
 Suffolk, ss. Boston, 10th June 1778, the above named Thos. 
 Kirk made oath to the above written affidavit before me. 
 
 SAML. PEMBERTON, Just. Peace. 
 
MASSACHUSETTS PAPERS. 
 
 73 
 
 Copy of the Deposition of Joseph Harrison , Esq., Collector of the 
 Customs at Boston, dated June 11, 1768. 
 
 Joseph Harrison, Esq., Collector of his Majesty’s Customs at 
 Boston, on Oath, declareth, that in the afternoon of the 10th 
 Instant between the hours of six and seven, in consequence of 
 an information of some illicit practices’ having been committed 
 on board the Sloop Liberty, Capt. Barnard, lately arrived from 
 Madeira, he went to Mr. Hancock’s wharf and made seizure of 
 the said Vessel, which he left in charge of an officer belonging 
 to his Majesty’s ship the Romney ; that in returning to his 
 dwelling House, he was surrounded and insulted by a numerous 
 Mob in a street about two hundred yards from the said wharf, 
 and was by them pelted with Stones and dirt, that he received 
 several blows with Sticks, and particularly one blow on the 
 breast, which staggered him greatly so that it was with diffi- 
 culty he kept himself from falling ; and the Deponent verily 
 believes, that if a Person had not pointed out to him a turning 
 into another street, whilst the Mob were surrounding a House, 
 that the Deponent’s life would have been in very imminent 
 danger. That the Deponent fearing the Mob would grow more 
 outrageous, as they increased in numbers took refuge in a 
 friend’s House, where he is now confined to his bed, and where 
 he was informed that his House had been attacked, and the 
 Windows broken, and that a pleasure boat belonging to him 
 had been dragged up from the water side to the Common, and 
 there burnt and destroyed, and further saith not. 
 
 (Signed) JOSEPH HARRISON. 
 
 Suffolk, ss. Boston, June 11th, 1768, then Joseph Harrison 
 Esq., made Solemn Oath to the truth of the above written, 
 subscribed by him before me. 
 
 (Signed) BELCHER NOYES. 
 
 Justice O’ Peace. 
 
 10 
 
MASSACHUSETTS PAPERS. 
 
 74 
 
 Copy of the Deposition of Benjamin Hallowell , Bsq., Comptroller 
 of the Customs at Boston. 
 
 Benjn. Hallowell the younger, Comptroller of his Majesty’s 
 Customs at Boston, on Oath declareth, that on information of 
 frauds’ having been committed on board the Sloop Liberty, 
 Barnard Master, lately arrived from Madeira laying at Han- 
 cock’s wharf, he went with the Collector in the afternoon of 
 the 10th Instant, between the hours of six and seven o’clock, 
 in order to make seizure of the said sloop, which they effected 
 and delivered into the charge and custody of an officer belong- 
 ing to his Majesty’s ship the Romney. That during the time 
 of the seizure and delivery of said sloop, numbers of People 
 collected together, amongst which were Daniel Malcolm, John 
 Matchet, Capt. Hopkins and others unknown to this Deponent. 
 Malcolm, Matchet and Hopkins said that the before mentioned 
 Sloop should not be taken into Custody and declared they 
 would go on board, and throw the People belonging to the 
 Romney overboard, and made use of every means in their 
 power to interrupt the Officers in the execution of their Duty, 
 — saying, if this work was going forward, it was high time to 
 begin, and these people, with many others, swore revenge upon 
 the King’s Officers, holding the Vessel by the Ropes and Sides, 
 untill she was forced from them. 
 
 That on returning towards home, this Deponent with the 
 Collector and his son were surrounded by a numerous Mob, who 
 threatened them with many speeches that they would throw 
 them overboard, &c. — and threw Vollies of bricks Stones and 
 Dirt at them, this Deponent received several blows on the head 
 and other parts of the body, in particular one on the right 
 cheek, and another upon the back of his head, of a dangerous 
 nature, whereby he is now confined to his House, and this De- 
 ponent verily believes, that if some friendly People had not 
 interposed and rescued him from the fury of the Mob, that he 
 should have been murdered in the Street. That about 8 o’clock 
 
MASSACHUSETTS PAPERS. 
 
 75 
 
 the same evening this Deponent’s House was surrounded by a 
 great concourse of People, who broke his windows and endea- 
 voured to force the House and demanded his Person to give 
 satisfaction for the seizure made as before mentioned, and after 
 remaining for about three Quarters of an Hour and finding 
 their searches for him in vain, they dispersed, and further saith 
 not. 
 
 (Signed) BENJAMIN HALLO WELL, Jun. 
 
 Boston, 11 June 1768, ss. Sworn to the same day, before 
 EDMUND QUINCEY, Justice of Peace. 
 
 Eichard Acklow Harrison, Son of Joseph Harrison, Esq., 
 Collector of his Majesty’s Customs at Boston, on Oath declar- 
 eth, that being in Company with his Father in the afternoon 
 on the 10th Instant, between the Hours of Six and Seven, 
 when he made seizure of the Sloop Liberty lying at Hancock’s 
 Wharf, and returning homewards with him, he the Deponent, 
 was surrounded and insulted by a numerous Mob, who pelted 
 him with Stones and Dirt, and threw large sticks at him; they 
 also threw him down and dragged him by the Hair of his head, 
 and otherwise treated him in a cruel and barbarous manner, 
 whereby he received two wounds, one in his leg and the other 
 in his arm, and put him in imminent danger of his life, and had 
 he not taken refuge in a House by the assistance of some 
 friendly people, the Deponent verily believes that he should 
 have been murdered, in the Street, and further saith not. 
 
 (Signed) RICHARD ACKLOW HARRISON. 
 
 Suffolk Street, Boston, June 11, 1768. Then Mr. Richard 
 Acklow Harrison made Solemn Oath to the truth of the above 
 written, subscribed by him before me. 
 
 (Signed) BELCHER NOYES, 
 Justice 0. Peace. 
 
76 
 
 MASSACHUSETTS PAPERS. 
 
 Copy of the Deposition of Thomas Irving , Esq., Inspector of Im- 
 
 ptorts and Exports. 
 
 Honble. Sirs: 
 
 Considering myself in some respect under your protection, I 
 beg leave to lay before you the following short account of an 
 attack made upon my person last Night. Returning by myself 
 from the end of long wharf in the Evening about Nine O’clock, 
 I was attacked by a considerable number of disorderly People, 
 who after laying violent hands on me, demanded if I belonged 
 to the Man of War ? to which I answered I did not, their next 
 question was, whether I belonged to the Board of Commission- 
 ers ? which I answered in the affirmative, they then began to 
 beat me with Clubs, Sticks, &c., but some of the Ringleaders 
 interposing and assuring me of their protection, I walked pretty 
 quietly up amongst them to that part of the Wharf adjoining 
 King st., where the Mob returning with me, was joined by 
 another of much superior numbers, this Mob, after dragging me 
 from amongst my former friends, seized me by the Hair, Arms, 
 &c., whilst others were beating me upon the head with Clubs, 
 calling out to murder or kill me. In this disagreeable situation 
 two men meanly dressed took compassion upon me and with 
 great difficulty pulling me from amongst the Crowd, got me 
 conveyed through a House into a back yard, and from thence 
 into another House, where I remained till the Mob moved on 
 to some other part of the Town. My sword I have got broke 
 to pieces and received a few slight wounds. 
 
 Thus Honble. Sirs, you have the particulars of this affair as 
 nearly as I can recollect ; at the same time humbly craving the 
 state of this case may be laid before his Majesty’s Ministers, 
 whose protection as a subject and a Servant of the Crown, I 
 flatter myself I am intitled to. I am with the greatest 
 respect, &c. 
 
 (Signed) THOS. IRYING. 
 
 Boston, June 11, 1762. 
 
MASSACHUSETTS PAPEES. 
 
 77 
 
 Suffolk Street, June lltli, 1768. 
 
 Personally appeared Thomas Irving, Esq., and swore that the 
 above Deposition by him subscribed was the truth. 
 
 (Signed) BENJN. HALLOWELL, Jun. 
 
 Justice of Peace. 
 
 Boston, lltli June, 1768. 
 
 Sir: 
 
 His Excellency directs me to acquaint your Honble. Board, 
 that the Council was just up when he rec’ed your letter, but that 
 there was a Committee appointed of Six Gentlemen of the 
 Board, who are in the Commission of the Peace for this County, 
 to assist him in making inquiry into the Disorders of the last 
 Evening, in order to ascertain facts, and that the Governor has 
 appointed Monday Morning Nine O’clock for this Business, at 
 the Council Chamber. 
 
 I am, Sir. 
 
 Your most obedt’ hble servt. 
 
 (Signed) ANDREW OLIYER. 
 
 Honble. John Robinson. 
 
 COPY OF A LETTER FROM THE COMMISSIONERS OF THE CUSTOMS, 
 AT BOSTON, TO CT. CORNER. 
 
 Sir: 
 
 Erom the outrageous behaviour of the People in this place 
 last Night towards our Officers, and the present appearance of 
 things, we are persuaded that further violence is intended, and 
 that we ourselves are the Objects: We therefore desire Sir, that 
 
78 
 
 MASSACHUSETTS PAPERS. 
 
 you will order a boat to take us on board bis Majesty’s Ship 
 under your Command to shelter us from Insult. 
 
 We are, &c., 
 
 HENRY HALTON, 
 WM. BURCH, 
 
 CHAS. PAXTON, 
 JOHN ROBINSON. 
 
 lltli June, 1768. 
 
 COPY OF A LETTER FROM THE HON’BLE COMMISSIONERS OF HIS 
 MAJESTY’S CUSTOMS TO GOVERNOR BERNARD. 
 
 Sir: 
 
 As we found by Mr. Secretary Oliver’s letter yesterday, that 
 no immediate measures were taken in Council for securing the 
 Peace of the Town, tho’ there was the strongest reason to expect 
 further violences, and your Excellency acquainting us, that you 
 could give us no protection, and that Boston was no place of 
 Safety for us, and having received a verbal message from the 
 People by a person of Character to this effect, “ That if the 
 Sloop that was seized was brought back to Mr. Hancock’s 
 AVkarf upon his giving security to answer the prosecution, the 
 town might be kept quiet,” which message appearing to us as 
 a menace, we applied to Capt. Corner to take us on board his 
 Majesty’s ship under his Command, where we now are, and 
 being this day further informed, that some of the Leaders of the 
 People had persuaded them in an Harangue to desist from fur- 
 ther outrage, till Monday Evening when the People are to be 
 left to use their own discretion, if their requisitions are not 
 complied with. We acquaint your Excellency that we cannot 
 consistent with the honour of our Commission act in any busi- 
 ness of the Revenue, whilst under such an influence, and think 
 it necessary to provide for our future security, and therefore 
 request your Excellency to give directions that the Commis- 
 sioners may be received into the Castle, and that they may have 
 
MASSACHUSETTS PAPERS. 
 
 79 
 
 the use of the Accommodations there for themselves, their Fami- 
 lies and the Officers of the Board ; and that Your Excellency 
 will please to give orders for their protection and security whilst 
 they may remain there. 
 
 (Signed) 
 
 JOHN ROBINSON. 
 
 H. HULTON. 
 
 W. BURCH. 
 
 C. PAXTON. 
 
 To His Excellency Governor Bernard. 
 
 On Board His Majesty’s Ship Romney, 12th June, 1768. 
 
 COPY OF A LETTER FROM THE COLLECTOR AND COMPTROLLER OF 
 
 BOSTON TO THE HON’BLE COMMISSIONERS OF THE CUSTOMS AT 
 
 BOSTON. 
 
 Hon’ble Sirs : 
 
 Agreeable to your Honour’s direction we laid before the So- 
 licitor Mr. Lisle, Thomas Kirk’s Deposition relating to the Sloop 
 Liberty, Capt. Barnard, from Madeira, on which from the facts 
 and circumstances therein related, he gave his opinion, that the 
 said Sloop ought to be seized, in consequence of which and of 
 directions given us by the Chairman of the Hon’ble Board, we 
 immediately proceeded to make seizure of the said Sloop 
 Liberty, then laying at Mr. Hancock’s Wharf, which we effected 
 yesterday about 7 o’clock in the afternoon, and delivered her 
 into the hands of the Master of his Majesty’s Ship Romney, who 
 now has the charge of her. 
 
 We are 
 
 Your Honours’ 
 
 Most Dutiful and most Obed’t Servt’s, 
 
 JOS. HARRISON, Collector. 
 
 BENJN. HALLOWELL, Comptroller, 
 
 The Hon’ble the Commiss’rs of his Majesty’s Customs. 
 
 Custom House, Boston, June 11, 1768. 
 
80 
 
 MASSACHUSETTS PAPERS. 
 
 Romney, 12th June, Sunday, 4 o’clock. 
 
 Gent’n : 
 
 As chairman I am to desire that you will immediately draw 
 up and deliver to the Secretary or Mr. Reeve a written Repre- 
 sentation of the proposals made yesterday for restoring the 
 seizure to Mr. Hancock on his giving security for the value in 
 order to pacify the Town, and also of the stipulations that were 
 entered into last Night by the Principals of the Mob that no 
 further outrage should be committed untill to-morrow Evening, 
 that they might have the Board’s answer to the Principals, and 
 you are to express the same in the most full and clear manner. 
 You shall soon hear further from me, on the subject of our 
 conversation last night. 
 
 I am &c., 
 
 (Signed) JOHN ROBINSON. 
 
 COPY OF A LETTER FROM THE COLLECTOR AND COMPTROLLER OF 
 BOSTON TO THE CHAIRMAN, JUNE 12th, 1768. 
 
 Sir: 
 
 We beg leave to inform you in answer to your Letter, that 
 the Proposal made to us in behalf of Mr. Hancock is, that the 
 Sloop Liberty that has been seized and now under the protec- 
 tion of the Romney Man of War, shall be returned to Mr. 
 Hancock’s Wharf and suffered to lie there, ’till the affair is 
 issued in the Court of Admiralty and that he Mr. Hancock, 
 will give security that the said sloop shall be forthcoming and 
 redelivered to us in Case the decree shall be in our favour. The 
 substance of the several informations, we have had respecting 
 the Stipulations in behalf of the Mob is that a design was 
 formed and concerted for a general Insurrection or Assembly 
 
MASSACHUSETTS PAPERS. 
 
 81 
 
 last Night, ancl in consequence thereof large numbers of people 
 were actually gathered together and regularly formed into 
 Parties, under their respective Leaders in several parts of the 
 Town. That the reason given for this proceeding was to oblige 
 by force those concerned in the seizure, to return the sloop 
 Liberty to the Wharf, from whence she had been taken. As 
 the consequence of that attempt might have been a general out- 
 rage or a Pillage of every Person concerned in the Customs, 
 and of those who are accounted their friends and abettors, it 
 has alarmed several Gentlemen of the Town, and induced them 
 to make the proposals above mentioned for returning the sloop 
 to Mr. Hancock’s Wharf, and to give time for a negotiation to 
 that purpose it was stipulated w r ith the Principal Leaders and 
 Managers of the Mob, that no further outrages should be com- 
 mitted, but that the People should remain quiet, till Monday 
 Night, which was the longest term that could be obtained of 
 them. It appears evident to us that a plan for an Insurrection 
 of a very dangerous and extensive nature has long been in 
 agitation and now brought nearly to a crisis ; and that to put 
 in execution, there v r as only wanting some step to be taken by 
 the officers of the Customs that might be made a handle of, to 
 inflame the minds of the People, which this seizure has furnish- 
 ed them with. Upon the whole we can only observe that as 
 the powers of Government in this Country are in so weak and 
 enervated a state, and that the Mob by what we can learn [is] 
 determined upon their point, we should consider it as a measure 
 of Policy in the present Dilemma, to take Mr. Hancock’s secu- 
 rity, and release the Sloop for the preservation of the Officers 
 and tranquillity of the Town, which we have reason to believe 
 would otherwise be greatly endangered. We are sir, with 
 great respect 
 
 Your most Obedt. and most hble Servt. 
 
 JOS. HARRISON, Collector. 
 
 BENJN. HOLLOWELL, Comptroller. 
 
 To the Honble. John Robinson, Esq. 
 
 11 
 
82 
 
 MASSACHUSETTS PAPERS. 
 
 Gentlemen : 
 
 In consequence of tlie Intelligence you have given us, we 
 think it absolutely necessary to direct you to convey all the 
 money in your Custody belonging to the Crown, in the Boat 
 herewith sent you, in order that it may be deposited in the 
 Romney for safe Custody. 
 
 (Signed) 
 
 JOHN ROBINSON, 
 HENRY IIULTON, 
 WM. BTJRCH. 
 
 To the Collector and Comptroller, Boston. 
 
 Romney, June 13, 1768. Monday, 3 o’clock Morning. 
 
 COPY OF A LETTER FROM GOV’R BERNARD TO THE COMMISSIONERS 
 OF THE CUSTOMS. 
 
 Council Chamber, 13th June, 1768, Forenoon. 
 
 Gentlemen : 
 
 Having communicated your letter of the 12th Instant to the 
 Council they observe with concern that you say “that no im- 
 mediate measures were taken in Council for securing the Peace 
 of the Town, tho’ there was the strongest reason to expect 
 further violences,” they cannot but apprehend that this sen- 
 tence if it should pass unnoticed, must tend to charge them 
 with a neglect of their Duty in not advising me to take proper 
 measures for preserving the Peace of the Town, they have 
 therefore desired me to acquaint you that during the setting of 
 the Council on Saturday Morning, so far from their having the 
 strongest reason to expect further violences, there was no 
 reasou at all given for such expectation, and there was no ap- 
 prehension either in the Governor or Council of an immediate 
 
MASSACHUSETTS PAPERS. 
 
 83 
 
 danger of further violences. It was therefore the general opin- 
 ion that they might take time to ascertain the facts of the Riot 
 on Friday Evening before they proceeded to order the bringing 
 the offenders 'to justice, or to prevent the like offences for the 
 future. I have this morning informed them of the present 
 apprehension of further violences, and they are now taking the 
 same into consideration. 
 
 I am 
 
 Gentlemen, &c. 
 
 (Signed) FRANCIS BERNARD. 
 
 To the hon’ble the Commiss’rs of the Customs. 
 
 COPY OF THE COMMISSIONERS’ LETTER TO CAPT. CORNER, DATED 
 ROMNEY, 13th JUNE, 1768. 
 
 Sir: 
 
 As the officers of the Customs and our Servants in Boston 
 are exposed to the utmost outrages from the violence of the 
 People. We desire you would board 
 
 his Majesty’s Ship under your Command, to such of them as 
 may take the benefit of that protection, and you will please to 
 issue orders for their being received and victualled. 
 
 We are, &c. 
 
 (Signed) 
 
 HENRY HULTON, 
 
 J. TEMPLE, 
 
 W. BURCH, 
 
 CHAS. PAXTON, 
 JOHN ROBINSON. 
 
 To Capt. Corner, Commander of his Majesty’s Ship the 
 Romney. 
 
84 
 
 MASSACHUSETTS PAPERS. 
 
 COPY OF A LETTER FROM THE COMMISS’RS OF THE CUSTOMS IN 
 BOSTON TO GOY. BERNARD. 
 
 Sir: 
 
 When jour Excellency met in Council last Saturday, we 
 were in hopes to have heard that effectual measures would 
 have been taken to aid and protect us, and our officers in car- 
 rying on the Service of the Revenue and for preserving the 
 Peace of the Town ; but were much surprised to find that a 
 Committee was only appointed to ascertain the facts attending 
 the tumult of the preceding Night, and that your Council was 
 not to sit again till this Night. 
 
 On Saturday Afternoon finding ourselves utterly insecure in 
 Town, the major part of us were obliged to seek for an Asylum 
 where we now sit as a Board, being persuaded of the danger of 
 attempting to proceed in our Duty in Town. 
 
 The disorders of the Town we are sorry to observe, are in- 
 creasing to such an enormous pitch, as to give it the appear- 
 ance more of an Insurrection than a Riot, and we find our- 
 selves obliged to apply to your Excellency to grant us such aid 
 aqd protection, as may enable us and our officers to proceed in 
 our Duty; and that we may be in some degree enabled to 
 judge whether the aid and protection you’ll think proper to 
 grant will be adequate to the distresses and embarrassed state 
 of the Service; we must request that you will let us know, 
 what kind of aid and protection we may expect to receive. 
 
 (Signed) 
 
 HENRY HTJLTON, 
 
 J. TEMPLE, 
 
 W. BURCH, 
 
 C. PAXTON, 
 
 J. ROBINSON. 
 
 On board His Majesty’s Ship Romney, 13th June, 1768. 
 
MASSACHUSETTS PAPERS. 
 
 85 
 
 Jamaica Plain, June 13th., 1768. 
 
 Gentlemen : 
 
 I am very sorry that you think yourselves so much in dan- 
 ger in Boston, as to make it unsafe for you to reside there. As 
 you judge it necessary to your security to resort to the Castle, 
 I hereby enclose orders to the Capt’n of the Castle to receive 
 you and your Families and the officers of your Board, and to 
 accommodate you there, and to give you all the protection and 
 security in his power. 
 
 I am, Gentlemen, 
 
 Your most obed’t humble serv’t, 
 
 FRANCIS BERNARD. 
 
 To the Hon’ble the Commiss’rs of his Majesty’s Customs. 
 
 Boston, 13th June, 1768. 
 
 Gentlemen: 
 
 In answer to that part of your Letter of this day, where in 
 you desire me to grant you such aid and protection as may 
 enable you and your officers to proceed in your Duty, I can 
 only inform you, that after several hours’ deliberation of the 
 necessity of taking some measures to preserve the Peace of the 
 Town, and what those measures should be, the Council have 
 come to a Resolution that as there appears to be no immediate 
 danger of further violence, they are of opinion, that it would 
 be best to refer this matter to the consideration of a Committee 
 of both Houses. I therefore cannot at present let you know 
 what kind of aid and protection you may expect to receive. 
 
 I am, Gent’n, 
 
 Your most obed’t humble serv’t, 
 
 FRANCIS BERNARD. 
 
 To the Hon’ble the Commiss’rs of his Majesty’s Customs. 
 
86 
 
 MASSACHUSETTS PAPERS. 
 
 COPY OF A LETTER TO THE COMMISS’RS FROM THE COLLECTOR AND 
 
 COMPTROLLER OF BOSTON, DATED ON BOARD THE ROMNEY, 14tli 
 
 JUNE, 1768. 
 
 Hon’ble Sirs: 
 
 The Depositions which we laid before your Honours on the 
 lltli Instant, concerning the outrageous manner in which we 
 were attacked and treated on the preceding Evening, after 
 making seizure of the Sloop Liberty belonging to Mr. Hancock, 
 will best describe what happened on that occasion and by our 
 Letter of the 12th, your Honours will have observed the in- 
 flamed temper of the People, and the Stipulations that were 
 demanded for a truce untill the Monday, after which period 
 they seemed determined to take their own measures for redress, 
 the event however has manifested that the peace and tranquil- 
 lity of the Town was not the object they meant to seek after, 
 for no assurance was sent on the part of Mr. Hancock either 
 verbally or in writing, that he would agree to any Stipulations 
 for the redelivery of the Sloop, and we are of opinion, that it 
 was no part of their design to let go this plea for breaking out 
 into open violence. After the ruffian treatment we had expe- 
 rienced on the Friday Evening, merely for executing our Duty, 
 the Stipulation broke through knowing the perverseness of the 
 People, and the temper of the times, our lives threatened and 
 hearing that even your Honors had been obliged to seek refuge 
 on board his Majesty’s. ship in the Harbour; our own safety 
 became a consideration of a very serious nature. The Collector 
 has had an intimation, that he would be laid hold of by way of 
 reprisal, and the inveteracy against the Comptroller is so gene- 
 ral and confirmed, that they have both been obliged to leave 
 the Town, and seek for an Asylum from the fury of a dis- 
 tracted and enraged multitude. The business of the Collector 
 is left in charge of his Deputy, Mr. Sheaffe, and the Comp- 
 troller’s with his Clerk, both capable of duly executing their 
 
MASSACHUSETTS PAPERS. 
 
 87 
 
 respective Offices, so long as any officer belonging to tbe Cus- 
 toms shall be suffered to remain in this place, but it is with 
 deep concern that we acquaint your Honours of wbat we bear 
 repeatedly from all quarters, wbicb is that a general spirit of 
 Insurrection prevails, not only in tbe Town, but throughout 
 the whole Province ; and when we reflect on what has passed 
 before, we fear it has too much the air of Truth. 
 
 We are, &c. 
 
 (Signed) 
 
 JOSEPH HARRISON, 
 BENJ’N HALLOWELL. 
 
 COPY OF A LETTER FROM THE PION’BLE COMMISS’RS OF THE CUS- 
 TOMS AT BOSTON TO COMMODORE HOOD. 
 
 Sir: 
 
 Finding it utterly impossible to carry on the business of the 
 Revenue in the Town of Boston from the outrageous behaviour 
 of the People, who grossly abused and wounded the Collector 
 and Comptroller, and other officers in the execution of their 
 Duty, on the 10 Instant, and still continue to threaten their 
 and our lives, we took shelter on board his majesty’s ship 
 Eomney, and desired Capt. Corner to put us on shore at Castle 
 William, where we now are, and at our request Capt. Corner 
 will continue near to the Castle for our protection. 
 
 The ferment amongst the People has greatly increased since 
 the 10 Instant, and we are persuaded that their Leaders will 
 urge them to the most violent measures even to open revolt; 
 for one of their Demagogues in a Town Meeting yesterday, 
 said, if they were called on to defend their Liberties and Privi- 
 leges, he hoped and believed they would one and all resist, 
 even unto blood. 
 
 What steps the Governor and his Council may take, we can- 
 
MASSACHUSETTS PAPERS. 
 
 not tell ; but having applied to them we have not rec’ed any 
 assurances of protection and we are persuaded the Gov’r will 
 not apply for Troops, without the advice of his Council, which 
 measure- we do not imagine they will recommend; and we now 
 wish Sir, to acquaint you of the very alarming state of Things 
 in Boston, and to desire you will give us such further protec- 
 tion as you may be able to afford us, in the present Exigency. 
 
 J We are, &c. 
 
 (Signed) 
 
 HENRY HULTON, 
 
 J. TEMPLE, 
 
 WM. BURCH, 
 
 CHAS. PAXTON, 
 JOHN ROBINSON. 
 
 Saml. Hood, Esq. 
 
 Castle William, Boston Harbour, 15th June, 1768. 
 
 COPY OF A LETTER FROM THE COMMISS’RS OF CUSTOMS AT BOSTON 
 TO HIS EXCELLENCY GENERAL GAGE AT NEW YORK AND TO 
 COLONEL DALRYMPLE AT HALIFAX. 
 
 Sir: 
 
 Finding it utterly impossible to carry on the business of the 
 Revenue in the Town of Boston from the outragious behaviour 
 of the People who grossly abused and wounded the Collector 
 and Comptroller and other officers in the execution of their 
 Duty on the 10 Instant and still continue to threaten their and 
 our lives, we took shelter on board his majesty’s ship Rom- 
 ney and desired Capt. Corner to put us on Shore at Castle Wil- 
 liam. where we now are, and Capt. Corner at our request will 
 continue near to the Castle for our protection. The ferment 
 among the People has greatly increased since the 10 Instant, 
 and we are persuaded that their Leaders will urge them to the 
 
MASSACHUSETTS PAPERS. 
 
 89 
 
 most violent measures, even to an open revolt, for one of tlieir 
 Demagogues in a Town Meeting yesterday, said if they were 
 called on to defend their liberties and Priviledges, he hoped 
 and believed they would one and all resist, even unto blood. 
 What steps the Governor and his Council may take, we cannot 
 tell, but having applied to them, we have received no assurance 
 of protection; and we are persuaded the Governor will not 
 apply for Troops, without the advice of his Council which 
 measure we do not imagine they will recommend, and we now 
 write Sir to acquaint your Excellency of the very alarming 
 state of things at Boston, and leave it to your judgment to act 
 as you shall think proper, for the honour of the Crown and 
 protection of its Servants here in the present exigency. 
 
 Sent to his Excellency General Gage at blew York and to 
 Colonel Dalrymple at Halifax. 
 
 Castle William, Boston Hakbouk, 15 June, 1768. 
 
 Boston, 14th June, 1768, 6 o’clock P. M. 
 
 Hon’ble Gentlemen : 
 
 At 3 o’clock this afternoon there was a very numerous meet- 
 ing of the Inhabitants of the Town of Boston at Faneuil Hall 
 when James Otis, Esq. was chosen Moderator, but before he 
 came to the Hall, a motion was made to exclude the Tide 
 Waiters from being present, several of them being then in the 
 meeting, but ’twas objected to as having no right to such a 
 proceeding, and that it would be best, every one should hear 
 what was to be offered, when the Moderator came, he was 
 ushered into the Hall by an almost universal clap of hands; 
 by this time the Hall being quite full and a great number 
 being outside, the meeting was adjourned from the Hall to 
 Doctor Sewal’s Meeting House, as being much larger for that 
 purpose; the doors of the Meeting House were soon opened 
 12 
 
90 
 
 MASSACHUSETTS PAPERS. 
 
 and the People crowded in, when silence being called, a motion 
 was made that a paper in the Hands of one of the Selectmen 
 might be read, which was a Petition of the Inhabitants of the 
 Town of Boston to his Excellency Governor Bernard, in which 
 was represented the difficulties and burthens the Town labours 
 under, in particular with regard to his Majesty’s Ship Romney, 
 now in our Harbour, and praying his Excellency would cause 
 the said ship to be removed : and a Committee of 21 Persons 
 was chosen to wait on his Excellency the Governor, immedi- 
 ately at his seat at Roxbury, with the aforesaid Petition, and 
 the said Committee are gone accordingly. In the said Petition 
 complaint was also made of the unlimited power of the Board 
 of Commissioners and other grievances, notwithstanding little 
 else was said about the Board of Commiss’rs or the Riot that 
 happened last Friday Evening. A motion was then made, that 
 the meeting be adjourned till to-morrow afternoon 4 o’clock, 
 which was agreed to by a large majority, the Moderator first 
 making a speech to the Inhabitants, strongly recommending 
 peace and good order, and the grievance the People labour 
 under might in time be removed, if not, and we were called on 
 to defend our liberties and priviledges, he hoped and believed 
 we should one and all resist even unto Blood ; but at the same 
 time prayed Almighty God it might never so happen. After 
 the meeting People’s minds seemed somewhat easy. All 
 inaccuracies we hope will be overlooked, and we shall take 
 due care to inform you Hon’ble Gentlemen of everything in 
 our power conducive to his Majesty’s Service, which it ever 
 has been, and we humbly beg leave to say ever shall be our 
 sincere wish at least is so to do. 
 
 G who was on board of his Majesty’s Ship Romney 
 
 in the forenoon. 
 
MASSACHUSETTS PAPERS. 
 
 91 
 
 COPY OF A LETTER FROM COMMODORE HOOD TO THE HONORABLE 
 COMMISSIONERS OF HIS MAJESTY’S CUSTOMS AT BOSTON. 
 
 Gentlemen: 
 
 I have received your two letters of tlie 15th and 18th, and 
 am very sorry that affairs at Boston wear so unsatisfactory an 
 aspect. I have ordered the Beaver to return immediately, as 
 well as the Saint Lawrence Schooner, and if you think further 
 naval forces essentially necessary for carrying on the King’s 
 Business, I shall be happy in sending it to the utmost of my 
 power on the first application. At present I have only a forty 
 gun ship, wholly unrigged and under repairs, but am in daily 
 expectation of three or four. 
 
 I am, &c. 
 
 (Signed) SAM. HOOD. 
 
 Commissioners of Customs, Boston. 
 
 COPY OF A LETTER FROM COLONEL DALRYMPLE TO THE HON’BLE 
 THE COMMISSIONERS OF THE CUSTOMS AT HALIFAX, JUNE 23, 1768. 
 
 The immediate return of his majesty’s ship Beaver only 
 allows me to acknowledge the honor of the letter from your 
 hon’ble Board, dated June loth, as well as the receipt of some 
 other papers, occasioned by the late outrageous proceedings at 
 Boston. My feelings as a man joined with those of a servant 
 of the crown, are deeply affected on this occasion, and I am 
 very unhappy at not being able to give you instant and effec- 
 tual relief, but the Board may rely entirely on my performing 
 the part that my situation enables me to do, which is the hold- 
 
92 
 
 MASSACHUSETTS PAPERS. 
 
 ing reacty, at a minute’s warning, tlie whole of the Troops 
 under my command, to act in obedience to any order or in 
 compliance with any Requisition given or signified to me by 
 Superiors, and I trust that should there be unhappily occasion, 
 the few here is more than sufficient to compel all those who 
 shall dare to resist lawful authority, to act in a manner more 
 becoming good Subjects. 
 
 I shall at all times esteem it honor to prove myself, 
 Gentlemen, your most humble and 
 
 most obedient servant, 
 
 (Signed) W. DALRYMPLE. 
 
 A true Copy. 
 
 In the absence of the Clerk of the papers. 
 
 JNO. SPEED. 
 
 COPY OF A LETTER FROM GENERAL GAGE TO THE COMMISSIONER 
 
 OF THE CUSTOMS AT BOSTON, DATED NEW YORK, JUNE 21, 1768. 
 
 Gentlemen : 
 
 I am seriously concerned to learn by your letter of the 15th 
 instant, delivered to me by Mr. Elliot, Collector of this Port, 
 that the turbulent state of affairs in the City of Boston has laid 
 you under the necessity to take shelter at Castle William, and 
 to have occasion for the Aid of his Majesty’s Forces. My In- 
 clination would lead me to order Troops to march immediately 
 for your protection, but you must be sensible that it would be 
 highly improper for me to order Troops into a Province for 
 the purpose of quelling Riots, unless application should be first 
 made to that end by the civil power. I have yet heard nothing 
 on the subject from Governor Bernard, who must be best 
 
MASSACHUSETTS PAPERS. 
 
 93 
 
 acquainted with, the situation of affairs in his province and the 
 properest judge how far such a measure would be expedient 
 and necessary. 
 
 The moment he applys to me for the aid of the King’s 
 Forces to support His Majesty’s Government, on this or any 
 other occasion, they shall move to his assistance with as much 
 despatch, as it shall be possible for them to do, and as many of 
 them as he can in reason demand. I have the honor to be with 
 Great Regard, 
 
 Gentlemen, &c. 
 
 (Signed) THOMAS GAGE. 
 
 Commissioners of His Majesty’s Customs, North America. 
 
 LETTER FROM THOMAS CUSHING TO DENNIS DE BERDT. 
 
 Province of the Massachusetts Bay, 
 June 30, 1768. 
 
 Sir: 
 
 The House of Representatives of the 21 of June last received 
 a message from his Excellency, Governor Bernard, wherein a 
 Requisition was made by his Majesty’s order that we should 
 immediately rescind the Resolution of the last House to trans- 
 mit circular Letters to the other British Colonies on the Conti- 
 nent of North America, barely intimating a Desire that they 
 would join in similar dutiful and loyal Petition to our most 
 gracious Sovereign, for the redress of the grievances occasioned 
 by Sundry Acts of Parliament calculated for the sole purpose 
 of raising a Revenue in America. The House have maturely 
 considered this Message, and I now enclose you by their order, 
 Copies of their proceedings thereupon as also a letter the House 
 
94 
 
 MASSACHUSETTS PAPERS. 
 
 have wrote to Lord Hillsborough upon this subject, which the 
 House desire you would deliver to that noble Personage. By 
 order of the House, I also enclose you a Copy of their letter to 
 Lord Hillsborough, which you may make such improvement of 
 as you may think will be for the advantage of the Province. 
 
 In the name and behalf of the House of Representatives I 
 Am with respect, Your most humble Servt. 
 
 THOMAS CUSHING, Speaker. 
 
 To Dennys De Beedt, Esq. 
 
 COPY OP A LETTER FROM THE COMMISSIONERS OP THE CUSTOMS 
 AT BOSTON TO THE LORDS COMMISSIONERS OF HIS MAJESTY’S 
 TREASURY. 
 
 May it please your Lordships : 
 
 In our memorial of the 16th June, we represented the situa- 
 tion we were then in and laid before your Lordships sundry 
 papers relative thereto, and our proceedings thereon, and we 
 now transmit copies of Letters we received from General Gage 
 at New York, and Commodore Hood and Colonel Dalrymple 
 in answer to our Letters, copies of which were inclosed in the 
 fore mentioned papers. 
 
 His Majesty’s Ship Romney and Sloops the Beaver and 
 Senegal, with two schooners, are now in this harbor and this 
 protection afforded us by Commodore Hood, has been the most 
 •seasonable, as without them we should not have considered 
 •our selves in safety, nor his Majesty’s Castle secured from fall- 
 ing into the hands of the people. 
 
 The inconveniences we are exposed to we bear with cheer- 
 fulness and beg leave to assure your Lordships that no diffi- 
 culties shall abate our zeal in the service, but it is impossi- 
 ble for us to set foot in Boston, untill there are two or three 
 
MASSACHUSETTS PAPERS. 
 
 95 
 
 Regiments in the town to restore and support Government, and 
 further represent that the Castle being so situated on a small 
 Island in the Bay, about a League from the Town will render 
 our situation any longer than the Summer months insupport- 
 able. We therefore pray your Lordships that orders may be 
 given for our residence and protection before the Winter which 
 is humbly submitted. 
 
 JOHN ROBINSON, 
 HENRY HULTON, 
 WILL. BURCH, 
 
 CHAS. PAXTON. 
 
 Castle William, Boston Harbor, 11 July, 1768. 
 
 LETTER FROM GOV, BERNARD TO [THE EARL OF HILLSBOROUGH.} 
 
 Boston, July 20tli, 1768. 
 
 My Lord : 
 
 Since the first beginning of the Troubles of this Town to the 
 present Time I have frequently represented to your Lordship’s 
 Office the Impracticability of my applying for Troops either for 
 the Support of the Authority of the Government or the power 
 of the Magistracy, both of which have been continually Insult- 
 ed and made contemptible for near three years past. The great 
 difficulty which has attended this measure has been that I could 
 by no means get the Council to advise or concur in it, and nei- 
 ther by the due consideration of my instructions and the Rule 
 of other Governments, nor by the Terms of this Government 
 where the Governor is more connected with and restrained by 
 the Council than in the Governments which are merely Roya], 
 did I think myself authorized to introduce Troops into a Town 
 not used to them upon my own opinion only and contrary to 
 that of the Council whom I am directed to consult and advise 
 
96 
 
 MASSACHUSETTS PAPERS. 
 
 with in all matters of Importance, and I have never imagined 
 that it would he expected of me that I should separate myself 
 from the Council upon this occasion and make myself solely 
 answerable for the consequence of the Introducing them, espe- 
 cially as I have always understood that the intention of the 
 Administration was that all appearances of forcible and com- 
 pulsive measures should be avoided, and as I have constantly 
 sent home accounts of all occurrences which could influence 
 this question, I have concluded that a change of measures must 
 originate at Westminster, and that the first orders for quarter- 
 ing Troops at Boston would come from thence. 
 
 In my Letter to the Earl of Shelburne, No. 8, of the year 
 past, I treat this subject particularly as it relates to the Com- 
 missioners of the Customs. In my Letter to your Lordship 
 No. 6, which gives an account of the Riot of June 10th and 
 the Commissioners leaving the Town, I inform of what passed 
 between me and the Council concerning sending for Troops ; 
 from which it will appear to what little purpose it is to put a 
 question upon the Subject to the Council, however this busi- 
 ness is now brought to such a crisis, that I could no longer 
 avoid putting such question in form. It has become necessary 
 to my own Justification and acquitting me of the Consequences, 
 if any bad should arise of this Town’s remaining destitute of 
 Troops, and to give an account of this Transaction is the busi- 
 ness of this letter. On the 2d of July I received a Letter from 
 Gen’l Gage with two Packets for Col. Dalrymple at Halifax 
 
 inclosed, informing me that he had received 
 
 [A line destroyed] 
 
 order to the Commanding Officer at Halifax for Troops, if they 
 were wanted at Boston. I sent both Letters away and wrote to 
 Gen’l Gage setting forth the reasons why I could not apply for 
 Troops, but that I had sent the Letters forward, for tho’ I 
 thought it improper for me to require Troops, it was full as 
 improper for me to prevent their coming, if they were other- 
 wise ordered. In answer to this, the Gen’l has sent me a Copy 
 
MASSACHUSETTS PAPEKS. 
 
 97 
 
 of the Letter to Col. Dalrymple, by •which I am informed that 
 the orders to him are only to collect the Troops together, but 
 not to embark them ’till they are required by me. I have 
 thereupon wrote to the Genl. that if the Troops are not to 
 move from Halifax ’till I require them, they are like to con- 
 tinue there, for I cannot think it proper for me to make such a 
 requisition without the advice of the Council, and there was no 
 probability of my obtaining such advice; however, I would lay 
 it before the Council. I have been less explicit on these Let- 
 ters, as I shall inclose copies of them. 
 
 On Saturday July 23d, I held a Council, when having in part 
 opened the matter I had for their consideration, they advised 
 that in regard to the importance of the Business I would order 
 all the Council who lived within a day’s Journey of Boston to 
 
 be summoned to meet on the Wednesday 
 
 Line lost 
 
 till then. On Wednesday the 27tli, fourteen met and we pro- 
 ceeded to business that day and Friday following. As the 
 Minutes of the Council are extended, more than ordinarily, they 
 will be sufficient to explain what was done. There was some 
 altercation that was scarce worth remembering, but I am obliged 
 to take notice, that I observed with concern that the popular 
 spirit upon this occasion showed itself higher in the Council 
 than I had known it heretofore, and my endeavouring to mode- 
 rate it subjected me to treatment different from what I have 
 been used of late to receive from the Board. But these con- 
 siderations are more proper for another time and place. 
 
 I shall inform Genl. Gage of the Besult of this Council by 
 which all expectation of Troops coming to Boston untill orders 
 arrive from England is over ; perhaps if no great mischief is 
 done in the mean time, it may be much better for them to be 
 ordered from England than to be brought here by the order or 
 Bequisition of any one in America, as they will be introduced 
 in a manner much more authoritative. For my own part, I 
 have acted here in for the best according to my Judgment. 
 
 13 
 
98 
 
 MASSACHUSETTS PAPERS. 
 
 I could not require Troops against the opinion of the Council 
 without making myself an object of popular resentment, which 
 
 would probably, if it had produced no worse effect 
 
 line lost 
 
 Now, my Lord, as I have no leave of absence to justify my 
 departure, I must have stayed till I was drove out by force or 
 apparent danger, and if such an event had happened, how could 
 I have justified myself in doing an Act with a doubt of the 
 regularity of it, and a foresight of its ill consequences, which 
 should produce such a convulsion in the State as obliging a 
 Governor to quit his post. I am with great respect, my Lord, 
 Your Lordship’s most Obedient and most 
 humble Servant, 
 
 FRA. BERNARD. 
 
 P. S. Your Lordship will observe that in the answer of the 
 Council there is nothing proposed or provided for the return of 
 the Commissioners to Boston and their protection in the execu- 
 tion of their office there. It seemed to be the general opinion 
 that it was quite impracticable for them to return and be pro- 
 tected in the execution of their office. One Gentleman said that 
 he was convinced that they never would return to Boston and 
 resume their functions, and gave for reason, that Great Britain 
 had too much employment at home to keep her unruly people 
 
 in order and balancing the Parties 
 
 line lost 
 
 which harassed the Government and weakened the Administra- 
 tion, to think of meddling with America or endeavouring to 
 enforce the execution of an Act of Parliament which the Ame- 
 ricans had declared against. 
 
 A true Copy. 
 
 In the absence of the Clerk of the Papers. 
 
 JNO. SPEED. 
 
MASSACHUSETTS PAPERS. 
 
 99 
 
 LETTER FROM GOV. BERNARD TO THE EARL OF HILLSBOROUGH. 
 
 Boston, 9th August, 1768. 
 
 I think it proper to inform your Lordship that for above a 
 week past, there has been agitated among the merchants of 
 this town, a subscription against importing English Goods. It 
 was begun by two principal merchants who have all along 
 abetted the purposes of the Faction; at first they met with very 
 little success, but persevering in it and ways and means being 
 used to push it on, it was last night reported at their third 
 meeting that there was a sufficient number of subscribers to 
 carry the matter into execution ; that there were 40 who would 
 non-subscribe, but would observe the restriction, and 35 who 
 would neither subscribe nor observe. The Latter I suppose 
 are to be brought to reason by mob law, otherwise 35 Im- 
 porters only will defeat the Scheme. 
 
 There was the like subscription set about at the beginning 
 of March last, of which I gave an account in my letter to my 
 Lord Shelburne, No. 9. That was defeated by the merchants 
 of Philadelphia refusing to concur in the measure and the mer- 
 chants of New York thereupon declining it also, upon which 
 those of Boston were obliged to give it up. But now I sup- 
 pose they assure themselves of better success at those places, 
 and expect to alarm the Parliament. But, my Lord, the futility 
 of this threat will be exposed by an enquiry into the quantity 
 of goods which have been lately ordered from Great Britain, 
 which has exceeded and anticipated the usual quantities and 
 times in order to provide for an abstinence from Importation 
 for a year. This is professed by some and is undoubtedly true 
 of others who are too attentive to their own Interest to desist 
 from Importation without taking care not to have occasion for 
 it. But the non-subscribers, among which are some of the 
 principal Importers of the Town, will effectually defeat this 
 
100 
 
 MASSACHUSETTS PAPERS. 
 
 scheme, if they are sufficiently secured from Mobs which it is 
 supposed they and all others will be before the first of January 
 next. 
 
 I am, with great respect, 
 
 My Lord, 
 
 Your Lordship’s 
 
 Most obedient and 
 
 most humble servant, 
 
 FRA. BERNARD. 
 
 The Right Hon’ble The Earle of Hillsborough. 
 
 See my letter, No. 9, before mentioned per last but one. 
 
 A true Copy. 
 
 In the absence of the Clerk of the papers. 
 
 JNO. SPEED. 
 
 LETTER FROM THOMAS BRADSHAW TO 
 
 Treasury Chamber, 31 Aug. 1768. 
 
 Sir: 
 
 Having laid before my Lords Comm’rs of his Majesty’s 
 Treasury a mem’l of the Com’rs of the Customs in America, 
 dated Castle William in Boston Harbour, 11 July, 1768, inclos- 
 ing Copies of letters, which they have received in answer to 
 their application for the aid of his majesty’s Forces, I am com- 
 manded by their Lordships to transmit Copies of the said 
 papers to you for the information of the Earl of Hillsborough 
 and to desire you will move his Lordship to lay the same be- 
 fore his Majesty, that his Majesty may be informed of the pre- 
 sent situation of the officers of Revenue at Boston, and of the 
 apprehensions they entertain that his Majesty’s Castle at the 
 mouth of Boston Harbour, where they are at present forced to 
 reside, was at the time this letter came away no other ways 
 secured from falling into the hands of the people, but by the 
 
MASSACHUSETTS PAPERS. 
 
 101 
 
 King’s ships which lie at present in the Harbour, and also that 
 his Majesty may be informed of the answers they have received 
 from General Gage, Commodore Hood, and Colonel Dalrymple 
 to the requisition made to them for Troops and ships to be sent 
 to Boston for the protection of the said Commissioners. 
 
 I am, Sir, your most obedient humble servant, 
 
 THOMAS BRADSHAW. 
 
 A true Copy. 
 
 In the absence of the Clerk of the papers. 
 
 JNO. SPEED. 
 
 LETTER FROM GOVERNOR BERNARD TO [THE EARL OF HILLS- 
 BOROUGH.] 
 
 Boston, Sept. 16, 1768. 
 
 My Lord: 
 
 In the Boston Gazette of the 5th Inst, appeared a paper con- 
 taining a system of politics exceeding all former exceedings ; 
 some took it for the casual ravings of some occasional Enthu- 
 siast, but I persuaded myself that it came out of the Cabinet of 
 the Faction , and was preparatory to some actual operations 
 against the Government. In this persuasion I considered that 
 if the Troops from Halifax were to come here of a sudden 
 there would be no avoiding an insurrection, which would at 
 least fall upon the Crown Officers if it did not amount to an 
 opposition to the Troops. I therefore thought it best, that the 
 expectation of the Troops should be gradually communicated, 
 that the Heads of the Faction might have time to consider well 
 what they were about, and prudent men opportunity to inter- 
 pose their advice. I therefore took an occasion to mention to 
 one of the Council in the way of discourse, that I had private 
 advice that Troops were ordered hither, but I had no public 
 orders about it myself. This was on the 3rd Inst., and before 
 night it was thoroughly circulated all over the Town. 
 
102 
 
 MASSACHUSETTS PAPERS. 
 
 The Faction immediately took the alarm, and at first nothing 
 was to be heard among them but declarations that the Troops 
 should not enter the Town, but nothing was done in public, 
 but appointing a town meeting on Monday following ; in pri- 
 vate, there were as I am told, two meetings, the one a large 
 one on Friday night (the 9th) when it was the general opinion 
 that they should raise the Country and oppose the Troops, the 
 other meeting as I am informed was very small and private on 
 Saturday night at the house of one of the Chiefs, and there it 
 was resolved to surprise and take the Castle on the Monday 
 night following. I dont relate these accounts as certain facts, 
 but only as reported and believed. On Saturday night an 
 empty Turpentine barrel was put upon the Pole of the Beacon 
 (which has been lately erected anew in a great hurry by the 
 select men without consulting me) this gave a great alarm the 
 nest day and the Council sent to me on Sunday afternoon to 
 desire I would order a Council which I held at a Gentleman’s 
 house half-way between me and Boston, here it was debated 
 what means should be used to take the barrel down, and it was 
 resolved that the select men should be desired to take it down, 
 but they would not do it. 
 
 On the Monday at the Hall the Faction appeared surrounded 
 with all its Forces ; there were very few of the principle Gentle- 
 men there, such as were, appeared only as curious, and perhaps 
 anxious spectators. The meeting was opened with speeches 
 much to the same purpose as the papers enclosed and first 
 mentioned. Nothing was then resolved, but to put the Ques- 
 tion to me, which your Lordship will see in the printed account, 
 and to appoint a general Comm’ee to consider and report. The 
 next day the reports were made upon which followed a set of 
 speeches by the Chiefs of the Faction and no one else, which 
 followed one another in such order and method, that it appear- 
 ed as if they were acting a Play, everything both as to matter 
 and order seeming to have been preconcerted beforehand. As 
 they have printed their own account to circulate it round the 
 
MASSACHUSETTS PAPERS. 
 
 103 
 
 province, I shall only add to it an account of some of these 
 speeches, from the tenor of which the general Intention of the 
 whole transaction mil be fully explained. 
 
 I should have mentioned before, that in the middle of the 
 Hall where they met, were deposited in the Chest the town 
 arms, amounting as it was said to about 400, these as I have 
 before informed your Lordship about four or five months ago, 
 were taken out of the Lumber Room where they had lain for 
 some years past to be cleaned, and have since been laid upon 
 the floor of the Town Hall to remind the people of the use of 
 them. These arms were often the subject of discourse and 
 were of singular use to the orators in the way of action, as the 
 subject of their debates turned upon Arming the Town and 
 Country against tlieir Enemies , the probability of a French war 
 was mentioned, as a pretence to arming the Town, and a cover 
 for the frequent use of the word Enemy. It was said the 
 Enemy would probably be here before the Convention met, that 
 is within ten days. It was moved that the Arms should now 
 be delivered out to oppose the Enemy. This was objected to, 
 for that they might fall into hands that would not use them. 
 But this flimsy veil was not always kept on, it was often said 
 that they had a right to oppose with Arms military Force 
 which was sent to oblige them to submit to unconstitutional 
 Laws, and when it was required to be more explicit, the chair- 
 man said, that they understood one another very well, and 
 pointing with his hand, said: there are the Arms, when an 
 attempt is made against your Liberties they will be delivered, 
 our declaration wants no explanation — and indeed it does not. 
 
 When first it was moved that the Governor be desired to call 
 an Assembly, it was said to be to provide for the safety of the 
 Province and put it in a posture of defence. It was thereupon 
 observed, that that would make Troops necessary, and it was 
 immediately struck out. One cry’d out that they wanted a 
 head. This was overruled, for indeed it was too premature. 
 Another, an old man, protested against everything but rising 
 
104 
 
 MASSACHUSETTS PAPERS. 
 
 immediately and taking all power into their own Hands. One 
 man, very profligate and abandoned, argued for massacreing 
 their Enemies, his argument was short. Liberty is as precious 
 as life, if man attempts to take my life, I have a right to take 
 his. 
 
 Ergo — If a man attempts to take away my liberty I have a 
 right to take his life. 
 
 He also argued that when a people’s Liberties were threaten- 
 ed they were in a state of W ar, and had a right to defend them- 
 selves, and he carried these arguments so far, that his own 
 party were obliged to silence him. 
 
 I will now make one observation on one passage in the 
 printed declaration, to show to what length is capable of being 
 carried a pretension to an exemption from Authority of Great 
 Britain. It has heretofore been argued that the Parliament has 
 no authority over the American Colonists because they are not 
 represented in the Parliament of G. Britain and in consequence 
 that the provincial Assemblies are to all intents and purposes, 
 the Parliament in regard to the subjects of the respective 
 Colonies. 
 
 This has been heretofore apply’d only to the raising and dis- 
 posing of public money, and now observe a large stride to a 
 very different business, because it is declared by an Act of the 
 first of W m. and Mary that no standing Army shall be kept 
 upon the Kingdom in time of Peace but by consent of Parlia- 
 ment, therefore the King shall not keep any part of the stand- 
 ing Army raised and supported by the Parliament in any 
 American Province without the consent of the Provincial 
 Assemblies, and this exemption is pleaded in virtue of a charter 
 granted by King William, &c., without the Authority of Par- 
 liament and consequently according to true revolutional princi- 
 ples not to be pleaded against the Parliament, as according to 
 such principles the King has no power by his own Act only to 
 exempt any subjects of Great Britain from the Authority of 
 Parliament. I herewith enclose a blank copy of the precept 
 
MASSACHUSETTS PAPERS. 105 
 
 which the selectmen of Boston have used in calling together 
 the Convention. Surely so daring an assumption of the Royal 
 Authority was never practised by any city or town in the 
 British Dominions, even in the times of greatest disorder, not 
 even by the City of London when the great Rebellion was at 
 the highest, and the confusion arising from thence- most urgent 
 for some extraordinary measure, how large this meeting will 
 be, and what they will do, at present can only be guessed at as 
 they have hitherto pursued the dictates of the paper in the 
 Boston Gazette, it is supposed that they will go through with 
 them and exclude the Crown Officers, and resume the first 
 original Charter , which has no ingredient of Royalty in it. It 
 certainly will be so if it is not prevented by power from with- 
 out, and I much doubt whether the force already ordered by 
 General Gage, viz : 2 Regiments mil be sufficient. For my 
 own part, if I had any place of protection to resort to I would 
 publish a proclamation against the Assembly, the Convention, 
 but I dare not take so spirited a step without first securing my 
 retreat. It is now a great question whether the Troops will be 
 suffered to enter the Town or not, the general opinion is in the 
 affirmative. The design against the Castle is now so well 
 known that it is probable that the very names of the people 
 who were enrolled for that service to the number of 500, or the 
 Chief of them will be discovered. • The Chiefs of the party 
 now own, that it will be impossible, for them to hold the Castle 
 or the Town, tho’ they should seize and garrison them for the 
 present. They therefore, at least some of them, seem content 
 that the Troops shall stay here, ’till the Parliament shall deter- 
 mine upon their remonstrances, as they say the Troops cannot 
 remain here for two years if the Parliament refuse to do them 
 justice. I am, &c., 
 
 FRANCIS BERNARD. 
 
 A true Copy. 
 
 In the absence of the Clerk of the Papers 
 
 14 
 
 JNO. SPEED. 
 
106 
 
 MASSACHUSETTS PAPERS. 
 
 LETTER FROM THOMAS CUSHING TO STEPHEN SAYRE.* 
 
 Boston, October 7th, 1768. 
 
 Sir: 
 
 Since my last Eleven men of war have arrived from Halifax 
 with the 14th and 29th Regiments they were ordered to Bos- 
 ton to Insist upon being Quartered in the body of the Town, 
 but as Barracks are provided by the Government at the Castle 
 for the accommodation of the King’s Troops, the Council say 
 they are not empowered by the Act to Quarter them anywhere 
 else, and accordingly refuse to do it, so that the Troops at pre- 
 sent are at a loss for Quarters. I wish they may be fixed at 
 the Castle till orders are sent for their removal, which I hope 
 will be as soon as the ministry are convinced how Egregiously 
 we have been misrepresented. The men of War and Troops 
 approached the Town with the same precaution as they would 
 a city they were about to besiege. They were landed in battle 
 array expecting from the representations that had been made 
 to them to meet with a violent opposition, however they were 
 agreeably disappointed, not the least resistance being made to 
 their landing nor the least incivility offered them. It is true 
 the People thro’ this and the neighbouring Colonies have been 
 greatly alarmed and filled with resentment, at being threatened 
 with Troops upon so trifling occasions as what happened on the 
 18th March last; but the late Convention has been attended 
 with happy consequences, the Design of it was to promote 
 peace and good order, and their meeting has effectually an- 
 swered that good design ; by their seasonable and good advice, 
 
 * Stephen Sayre, a native of Virginia, resided for several years in England. 
 He was at one time sheriff of London. After a life of many vicissitudes, he 
 died in this country, early in the present century. Point Breeze, above Bor- 
 dentown, lately the property of Joseph Buonaparte, belonged to Mrs. Sayre, and 
 was the seat of hospitality during Mr. Sayre’s occupancy of it. 
 
MASSACHUSETTS TAPERS. 
 
 107 
 
 tliey prevented mucli disorder and confusion however, tlio’ the 
 affection of this People to the Mother Country prevented their 
 making any opposition to the landing of the Troops. Yet 
 their being sent upon such an Errand and upon such an occa- 
 sion against a people so distinguished for their Loyalty to the 
 King and their firm attachment to the parent state, has very 
 grievously affected them and made such a deep wound in their 
 breast as I fear will never be cured, they cannot reflect upon 
 such treatment with any patience, however it may possibly be 
 attended with happy effects, for since the arrival of these 
 Troops the People in general seemed to be determined to deny 
 themselves almost any thing rather than in any measure con- 
 tribute to the raising of the designed Revenue ; a great number 
 of Families have left off the use of Tea and others are daily 
 following their example. The Inhabitants of the Town of 
 Charlestown have unanimously left drinking of it, and if Bos- 
 ton and Charlestown give the lead I believe they will be fol- 
 lowed thro’ the Country, and while writing I am informed that 
 the Inhabitants of some other Towns are coming in the same 
 resolution. I now send you a brief state of the merits and 
 services of this Province, their Exertions and expenses in the 
 common cause, drawn up in the year 1765, and sent to the 
 Agent of this Province, which will enable you to make an 
 estimate of the expences this Province was at in the late wars. 
 In the year 1763 or 1761 there was another account drawn up 
 relative to this matter which I believe was precise and par- 
 ticular. It was sent to Mr. Agent Mauduit; upon applying to 
 him or Mr. Jackson, his successor, I think you may obtain a 
 copy of it. 
 
 The Council have refused to Quarter the Troops in the body 
 of the Town till the barracks at the Castle are filled, in thus 
 doing they strictly adhere to the Act of Parliament. The 
 Colonel is therefore hiring Houses and procuring Barracks and 
 Utensils upon the King’s Account; however it is imagined he 
 is doing that which he cannot justify, and is taking upon him- 
 
108 
 
 MASSACHUSETTS PAPERS. 
 
 self to Quarter Soldiers otherwise than is limited and allowed 
 Toy Act of Parliament, and he is liable to be cashiered for so 
 doing; however we are so disposed for Peace that I doubt 
 whether any notice will be taken of his conduct by the civil 
 magistrate. W e hope we shall be delivered from all these bur- 
 dens when the Parliament meets and are disposed quietly to 
 wait for their determination, which if the Interest of Great 
 Britain is duly considered must be in our favour. 
 
 I am, with respect, Your most humble serv’t, 
 
 . THOMAS CUSHING. 
 
 P. S. — I must beg the favour of your furnishing me with all 
 the intelligence you can relative to American affairs. 
 
 Boston, Oct. 28, 1768. 
 
 Sir: 
 
 I have wrote Mr. De Berdt by this conveyance and as this 
 vessel is just upon sailing, must refer you to him for particu- 
 lars, please to furnish me by every opportunity, with what 
 turns up relative to American affairs. 
 
 I conclude, with respect, 
 
 Y’r most humble serv’t, 
 
 THOMAS CUSHING. 
 
 Mr. Sayre. 
 
 OPINION OF B. JACKSON. 
 
 Case. 
 
 D. B has received a Petition to his majesty from a Conven- 
 tion at Boston, tho’ no particular Agent for that Convention. 
 
 It was called by a circular Letter from the Selectmen of 
 
MASSACHUSETTS PAPERS. 
 
 109 
 
 Boston to a number of Gentlemen upwards of Seventy from 
 the different parts of the Province and met on the 22 Sept, tbe 
 number of Towns to wliicli they belong, consists of Ninety 
 Eight and Six Districts. 
 
 There are some unguarded expressions in the Circular letter 
 which summoned this Convention. 
 
 It is under the consideration of the King’s Council whether 
 such a convention is not Treasonable. 
 
 The Governor as Representative of the King has called it a 
 notorious violation of his Majesty’s Constitutional Authority, 
 tho’ the “said Convention utterly disclaimed any authoritative 
 or Governmental Acts.” 
 
 D. B. has strict orders by a Letter “from the chairman of the 
 said Convention to present the Petition to his majesty in Per- 
 son as speedily as possible.” 
 
 Qr. 1st. Whether D. B. would be safe in giving it to the 
 King in Person. “It is not material whether Mr. D. B. 
 would be safe in giving the paper to the King in Person, be- 
 cause I think it impossible so to deliver it, but in case it were 
 so delivered it would be certainly adviseable to acquaint the 
 Sec’ry of State with the contents of the Paper previously to 
 the delivery.” 
 
 Qr. 2nd. Whether the Petitioners would be “particularly 
 benefitted by giving it his majesty in Person.” — “This is no 
 question to put to a Counsel.” 
 
 Qr. 3d. Whether the Petitioners would be more benefitted 
 by giving it to the Sec’ry of State for the American Depart- 
 ment as the Common Channel of Business, “I think this is the 
 only proper use that can be made of the Paper.” 
 
 Qr. 4. Whether D. B. would be safe in delivering it to the 
 Secretary of State. “Mr. D. B. will certainly be safe in de- 
 livering in a proper manner any paper to the Sec’ry of State, 
 let the contents be what they will.” 
 
 Qr. 5. Whether if the Secretary should refuse to receive it, 
 on seeing D. B. if it would be expedient to leave a copy, signi- 
 
110 
 
 MASSACHUSETTS PAPERS. 
 
 fying tlie original was in his hands and at the Secretary’s Com- 
 mand. “This is a matter of discretion only in Mr. D. B. 
 should the Sec’ry of State refuse to receive the paper, I should 
 think he would refuse the Copy. But I do not conceive the 
 Sec’ry of State will refuse any paper that contains Information 
 of the State of a Province in America when decently and pro- 
 perly offered.” 
 
 R. JACKSON. 
 
 IS Nov. 1768. 
 
 PETITION OP THE COMMITTEE OP MASSACHUSETTS TO THE KING. 
 
 1768. 
 
 To the King’s Most Excellent Majesty. 
 
 Most Gracious Sovereign : 
 
 With the warmest sentiments of Loyalty, duty and affection, 
 a number of your Majesty’s most faithful subjects in your Pro- 
 vince of the Massachusetts Bay convened in Boston as commit- 
 tees at the request of the Inhabitants of the several Towns and 
 Districts to which they belong, in Number Ninety eight Towns 
 and Eight Districts. Ear from assuming to themselves, but 
 utterly disclaiming the least pretension to any authoritative or 
 Governmental Acts, and met together with the only intention of 
 exerting themselves, as far as they lawfully might, to promote 
 peace and good order among their fellow subjects in the Pro- 
 vince, and humbly to Petition your Majesty or your Represent- 
 ative: beg leave with all humility to approach the Throne and 
 to lay their humble supplications at your Majesty’s feet. 
 
 Our Ancestors, the first settlers of this Country, having with 
 the Royal consent, which we humbly apprehend involves the 
 consent of the Nation, and at their own expense, migrated from 
 the Mother Kingdom, took possession of this Land, at that time 
 a wilderness, the right whereof they had purchased for a valu- 
 
MASSACHUSETTS PAPEllS. 
 
 Ill 
 
 able consideration of the Council established at Plymouth, to 
 whom it had been granted by Your Majesty’s Royal predeces- 
 sor King James the first. 
 
 From the principles of Loyalty to their Sovereign which will 
 ever warm the breast of a true subject, tho’ remote, they ac- 
 knowledged their Allegiance to the English Crown, and your 
 Majesty will allow us with all humility to say that they and 
 their posterity ever to this time, have afforded frequent and 
 signal proofs of their zeal for the honor and service of their 
 Prince and their firm attachment to the Parent Country. 
 
 With toil and fatigue, perhaps not to be conceived by their 
 Brethren and fellow subjects at home, and with the constant 
 peril of their lives from a numerous Savage and warlike race 
 of men, they began their settlement and God prospered them. 
 
 They obtained a Charter from King Charles the first, wherein 
 his Majesty was pleased to grant to them, their heirs and as- 
 signs forever, all the Lands therein described to hold of him 
 and his Royal successors in fee and common soccage; which 
 we humbly conceive is as absolute an Estate as the Subject can 
 hold under the Crown. And in the same Charter were granted 
 to them and their Posterity, all the rights, liberties, privileges 
 and immunities of natural subjects born within the Realm. 
 
 This Charter they enjoyed having as we most humbly con- 
 ceive punctually complied with all the conditions of it ’till in 
 an unhappy time it was vacated. But after the Revolution 
 when King William and Queen Mary of glorious and blessed 
 memory were established on the Throne, in that happy Reign, 
 when to the joy of the Nation and its dependencies, the Crown 
 was settled in your Majesty’s illustrious family, the Inhabitants 
 of the Province shared in the Common blessing. Then they 
 were indulged with another Charter; in which their Majesties 
 were pleased for themselves, their heirs and successors, to grant 
 and confirm to them as ample Estate in the Land, or territories, 
 as was granted by the former Charter, together with other the 
 most essential rights and liberties contained therein, the prin- 
 
112 
 
 MASSACHUSETTS PAPERS. 
 
 ciple of which is that which your Majesty’s subjects within the 
 Realm have ever held a most sacred right, of being taxed only 
 by ■ representatives of their own free election. Thus blessed 
 Avith the Rights of Englishmen through the indulgent smiles 
 of Heaven and under the auspicious Government of your Ma- 
 jesty and your Royal predecessors, Your People of this Pro- 
 vince have been happy and your Majesty has acquired a nu- 
 merous increase of loyal Subjects, a large extent of Dominion, 
 and a new and inexhaustible source of Commerce, wealth and 
 Glory. 
 
 With great sincerity permit us to assure your Majesty that 
 your Subjects of this Province of which we are a part ever 
 have acknowledged and still continue to acknowledge your 
 Majesty’s High Court of Parliament, the Supreme legislative 
 Power of the whole Empire; the superintending authority of 
 which is clearly admitted in all cases that can consist with the 
 fundamental rights of nature and the Constitution to Avhich 
 your Majesty’s happy subjects in all parts of your Empire con- 
 ceive they have a just and equitable claim. 
 
 It is with the deepest concern that your humble supplicants 
 would represent to your Majesty that your parliament, the rec- 
 titude of whose intention is never to be questioned, has thought 
 proper to pass divers Acts imposing taxes on your Majesty’s 
 subjects in America with the sole and express purpose of rais- 
 ing a Revenue. If your Majesty’s subjects here shall be de- 
 prived of the honor and privilege of voluntarily contributing 
 their aid to your Majesty in supporting your Government and 
 Authority in this Province and defending and securing your 
 Rights and Territories in America, which they have always 
 hitherto done with the utmost cheerfulness; if these Acts of 
 Parliament shall remain in force, and your Majesty’s Commons 
 in Great Britain shall continue to exercise the poAver of grant- 
 ing the property of their fellow subjects in this Province, your 
 People must then regret their unhappy Fate in having only the 
 name left of free subjects. 
 
MASSACHUSETTS PAPEES. 
 
 118 
 
 Under the most sensible impressions of your Majesty’s wise 
 and paternal care for the remotest of your faithful subjects, and 
 in full dependence on the Royal declarations in the Charter of 
 this Province, we most humbly beseech your Majesty to take 
 our present unhappy circumstances under your Royal con- 
 sideration and afford us relief in such a manner as in your 
 Majesty’s great wisdom and clemency shall seem meet. 
 
 And as in Duty and love bound said Committee shall ever 
 pray. 
 
 In the name and in behalf of the said Committee, 
 
 THOMAS CUSHING, Chairman. 
 
 LETTER FROM RICHARD CARY TO 
 
 Charlestown, Feb. 7, 1769. 
 
 Dear Sir : 
 
 Your last obliging favour of the 20th October is alarming, in 
 regard to the Nation as well as the affairs of America; however 
 it’s a great satisfaction to see our Friends exerting themselves 
 in our Favour, which gives encouragement under the gloomy 
 prospect. 
 
 You shall not expect to hear any extraordinary matters from 
 us, as we have no Assembly; everything is still and quiet, 
 nothing exceptionable but a Liberty taken in the Prints, which 
 some of our great Folks don’t like to see; publick conduct will 
 be animadverted upon with Freedom — Governor Bernard must 
 submit to it. Lord Hillsborough is often tack’t with him, his high 
 strain’d letters has caused such a jealousy in the Provinces, and 
 raised such fearful apprehensions, that like a chain it has link’t 
 them most strongly together, which I hope will not soon be 
 separated. Notwithstanding I’m for having the power and 
 Authority of Great Britain kept up in America, too great a 
 laxness in Government is often attended with fatal consequences; 
 we' are waiting to see what the Parliament will do with us, it 
 
 15 
 
114 
 
 MASSACHUSETTS PAPEliS. 
 
 would be happy to have things on their old footing again, to 
 have Trade carry’d on to mutual advantage with our Mother 
 Country, and to keep up a real regard and affection for one 
 another. 
 
 Mr. Cushing tells me he has wrote particularly to Mr. De 
 Berdt which lately went, I refer you to it, he and Mr. Otis, 
 Adams &c., dined with me a few days ago. The affair of the 
 Agency shall engage my attention. I hear there are schemes 
 and plans going forward, I hope none will succeed, against our 
 Aged Friend, whose labors seems to be more abundant at this 
 important Crisis, I rejoice to hear his health is continued. As 
 I know you have the welfare of Jersey College much at heart 
 it will give you a pleasure to hear its interest is rising, upwards 
 of £400 sterling have been subscribed this way, which has had 
 a happy tendency by stirring them up to support the same good 
 cause to the southward, a cause which is the greatest support 
 of Religious and Civil Liberty, in those provinces. The dis- 
 senting Congregation at New York have given £700 — Yr 
 Money, and the late Mr, Tenant’s Church £1000 — Phila. Cur- 
 rency. It still meets with encouragement, and gladdens the heart 
 of good Dr. Whetherspoon. I hope the Smiles of a Gracious 
 Providence will be continued; these accounts I have from Mr. 
 Blair who with his Lady gave us a sociable visit a few days 
 ago. 
 
 You was not out in your judgment in imagining numbers of 
 Soldiers after being here would desert; it is so in fact, such a 
 large settled Country back and the severity with which they 
 have been used leads to it, sending such a body of Troops to 
 Boston was stupid, there could be no dependance upon them ; 
 in case things should come to an extremity with the inhabitants, 
 the officers would find themselves in a bad situation. 
 
 I can’t say I like the complexion of our affairs in England, 
 either from the King’s Speech, or the Debates in the House at 
 the first sitting of Parliament, the raising a Revenue from 
 America, will be attended with great difficulty, the Provinces 
 
MASSACHUSETTS TAPERS. 
 
 115 
 
 are justly apprehensive of terrible consequences to themselves 
 from it, and will do every thing in a legal way to prevent it. 
 
 Not long ago I mentioned the Commissioners and officers 
 were mortified by making out so poorly with Balls and Con- 
 certs: now it’s mortifying to many of the Inhabitants that they 
 have obtained their wishes, and that such numbers of Lady’s 
 attend. It’s a bad thing for Boston to have so many gay idle 
 people in it. 
 
 A Copy of your letter to Lord Hillsborough, Inclosing the 
 Petition to him was sent Governor Bernard which was com- 
 municated to the Council, his Lordship complains of being ill 
 used, and his conduct faulted for not presenting a petition which 
 was kept from him, for above two months after its arrival. I 
 took out of the office last week a packet directed for me Inclos- 
 ing the Anerican Gazette No. 2, but it does not say from whom, 
 Mr. Otis now has it, publishing such papers in England must 
 greatly serve our American Cause. 
 
 I affectionately bid you farewell and am very sincerely 
 
 Yours, 
 
 RICHARD CARY. 
 
 PROCEEDINGS OF THE SELECTMEN OF BOSTON. 
 
 Boston. 
 
 At a meeting of the Selectmen, Feb. 16, 1769. 
 
 Present: — Joshua Henshaw, Joseph Parkson, John Ruddock, 
 John Hancock, John Rowe, Sam. Pemberton, Esq., M. Hender- 
 son Inches. 
 
 Voted unanimously, That the following Address be pre- 
 sented to His Excellency Francis Bernard, Esq. 
 
 May it please your Excellency, 
 
 At a time when artful and mischievous men have so far pre- 
 vailed as to foment and spread Divisions in the British Empire: 
 
116 
 
 MASSACHUSETTS PAPERS. 
 
 When mutual confidence, which had so long subsisted, with 
 mutual advantage between the subjects in Britain and America, 
 is in a great measure broken: When means are at length found 
 even to excite the Resentment of the Mother State, against 
 Her Colonies; and they are publicly charged with being in a 
 state of Disobedience to Law and ready to resist the Consti- 
 tutional Authority of the nation: The selectmen of this Metro- 
 polis cannot be the unconcerned and silent spectators of the 
 Calamities which in consequence thereof have already fallen 
 upon Its inhabitants. 
 
 To behold this Town surrounded with Ships of War and 
 military Troops even in a time of Peace, quartered in its very 
 bowels, exercising a discipline with all the severity which is 
 used in a Garrison and in a state of actual War, is truly alarm- 
 ing to a free people. And what still heightens the misfortune: 
 That our gracious Sovereign and his ministers have formed 
 such an idea of the present state of the Town, as to induce a 
 necessity of this naval and military Force, for the aid of the 
 Civil Magistrates in the Preservation of its peace and good 
 order. 
 
 Your Excellency can witness for the Town that no such aid 
 is necessary : Loyalty to the Sovereign and an inflexible zeal 
 for the support of His Majesty’s Authority and the happy Con- 
 stitution is its just character; and we may appeal to the im- 
 partial world that peace and order were better maintained in 
 the Town before it was even rumored that His Majesty’s 
 Troops were to be quartered among us than they have been 
 since. Such a measure then we are persuaded would never 
 have been ordered by the wisdom of the British Administra- 
 tion, had not the necessity of it been drawn from the Repre- 
 sentation of some of his Majesty’s Servants in this Province. 
 
 Your Excellency will allow us to express our opinion, that 
 the public transactions of the town and the behaviour of some 
 of its Individual Inhabitants have been greatly misapprehended 
 by his Majesty’s Ministers. 
 
MASSACHUSETTS PAPERS. 
 
 117 
 
 We therefore in duty to the Town, we have the Honour to 
 serve respectfully wait on your Excellency; and pray that you 
 would be pleased to communicate to us such representations of 
 facts only as you have judged proper to make since the Govern- 
 ment of the last year. And as there is a prevailing Report, 
 that Depositions are and have been taken ex parte to the preju- 
 dice of the Town and particular persons, may we not assure 
 ourselves that your Excellency will in justice cause to be laid 
 before us such other representations as may have come to your 
 knowledge that the Town, knowing clearly and precisely what 
 has been alledged against it, may have an opportunity of vin- 
 dicating itself. 
 
 The foregoing address was accordingly presented his Excel- 
 lency by the Selectmen of the Town last Friday morning and 
 on Saturday afternoon his Excellency was pleased to return 
 the following answer : 
 
 Gentlemen: 
 
 The propriety of your addressing me upon public business I 
 shall not now dispute: But in my answer I shall confine myself 
 to such parts of your address as relate to you as the Selectmen, 
 or the Town as a Body. 
 
 I have no reasons to think that the Public transactions of 
 this Town have been misapprehended by his Majesty or his 
 Ministers or that their opinions thereon are founded upon any 
 other accounts than those published by the Town itself. If 
 therefore you can vindicate yourselves from such charges as 
 may arise from your own publications, you will in my opinion 
 have nothing further to apprehend. 
 
 (Signed) FRANCIS BERNARD. 
 
 Province House, Feb. 18, 1769. 
 
 Copy Alt. 
 
 WILLIAM COOPER, 
 Town Clerk. 
 
118 
 
 MASSACHUSETTS PAPERS. 
 
 LETTER FROM THOMAS CUSHING- TO STEPHEN SAYRE. 
 
 Boston, Feb. 20, 1769. 
 
 Sir: 
 
 Since my last I have not received any of your favors, how- 
 ever am. in daily expectation of having the pleasure of a line 
 from you. The Governor some time ago showed me a letter 
 from Lord Hillsborough wherein he endeavours to exculpate 
 himself with respect to our Petition’s not being seasonably de- 
 livered to tbe Iving and throws the blame upon Mr. De Berdt, 
 by whom it was never offered to him. If I recollect the letter, 
 he says in the course of some conversation with you, mention 
 was made of the Petition, and you offered to let him have a 
 sight of it, accordingly some days after you sent it to him (his 
 Lordship) inclosed in a letter (a copy of which the Governor 
 showed me) wherein you desire him to present it to the 
 King. This was the ivay he received it, not directly from the 
 Agent, or any person properly impowered to deliver it, and 
 without any document to prove it to be a Petition from Massa- 
 chusetts, under these circumstances he says he did not see his 
 way clear as secretary of State to offer it to his Majesty. I 
 cannot give you the words of the Letter but this is the sub- 
 stance. It is besure directly contrary to Mr. De Berdt’s Letters 
 to me of the 27 June last, wherein he writes that he has de- 
 livered the Petition to Lord Hillsborough which he by no 
 means thought proper to deliver to his Majesty at present, 
 however he thought it his Duty to leave it with his Lordship 
 and urged the contents. One or other must be under a mistake, 
 and seeing there had been so much puzzle about this Petition, 
 it is a matter of surprise that Mr. De Berdt was not more 
 precise and exact relative to the Petition from the Convention 
 who directed him to Deliver it to the King in Person ; he had by 
 some means or other been so embarrassed with respect to the 
 Petition from the House that it was expected he would have 
 
MASSACHUSETTS PABEKS. 
 
 119 
 
 punctually followed his directions with respect to the other. 
 The members of the Convention are not insensible that it was 
 not usual for to Deliver Petitions of Business to the King in 
 Person, but there had been so much difficulty about getting the 
 other presented to his Majesty that they thought it necessary to 
 direct as to the delivery of their Petition, in the manner they 
 did, to prevent any failure. Its not being delivered agreeable 
 to the directions has given some uneasiness to People here, 
 as they have been informed by a member of Parliament that it 
 would have had a happy effect if it had been delivered to his 
 Majesty before he made his speech to both Houses. Mr. De 
 Berdt writes the 19th Nov. that his Lordship informed him that 
 he had seen this Petition in Print before he offered it. His 
 Lordship must be under a mistake if he means that he saw it 
 in any of our public Prints because I am sure it never has been 
 printed on this side the Water, whatever it may have been 
 on your side — All the Colonies except one or two have peti- 
 tioned and I hope their Prayers will meet with a favourable 
 answer. As to settling the Dispute by granting the Colonies a 
 [Representation it will be impracticable as our local circum- 
 stances will not admit of it — The only way I can think of is 
 for the Parliament to regulate the Trade of the whole Empire 
 in a just and equal manner for the benefit of the whole and 
 whenever the common cause demands the aid of the Colonies 
 that requisition be made as usual before the passing of the Stamp 
 Act and I doubt not the Colonies will cheerfully contribute 
 what may be thought reasonable according to their abilities. 
 
 I have sent per Capt. Hall a small bundle containing a silk 
 gown, which I should take it as a favor if you would get dyed 
 of the same colour with the pattern affixed to it. I should be 
 glad it might be dyed by Mary Birand at her ware house in ship 
 yard Bartholomew lane, behind the Boyal Exchange. I have 
 had some experience of her dyeing and she performs well — 
 Your compliance herewith will oblige 
 
 Your humble Servant, 
 
 THOMAS CUSHING. 
 
120 
 
 MASSACHUSETTS PAPERS. 
 
 P. S. Pray let me hear from you particularly with regard to 
 American Affairs as often as possible. Pray be so kind as to 
 send to Capt. Hall for the silk Gown and let me know the ex- 
 pense you are at for the dyeing and I will pay Mr. Eichard Cary 
 with whom I suppose you have an acc’t open. 
 
 Y’r Ob’t Sev’t, 
 
 T. CUSHING. 
 
 To Mr. Stephen Sayre. 
 
 PROCEEDINGS OF THE SELECTMEN OF BOSTON. 
 
 Boston. 
 
 At a Meeting of the Selectmen Feb. 23, 1769. 
 
 Present: — Joshua Henshaw, Joseph Jackson, John Euddock, 
 John Hancock, Sam. Pemberton, Esq., Mr. Henderson Inches. 
 
 Voted unanimously, that the following Address be presented 
 His Excellency Francis Bernard Esq. 
 
 May it please your Excellency, 
 
 The Selectmen of the Town of Boston beg leave once more 
 to wait on your Excellency, hoping you will excuse this further 
 trouble, as it is upon a Matter of the greatest Importance to the 
 Town — 
 
 In your answer to our late humble request, Your Excellency 
 was pleased to say, “You have no reason to think that the 
 public Transactions of this town have been misapprehended by 
 his Majesty or his Ministers ; or that their opinions thereon are 
 founded upon any other accounts than those published by the 
 Town itself.” And “ that if we can vindicate ourselves from 
 such charges as may arise from our own publications, we shall 
 in your opinion have nothing further to apprehend.” As the 
 Town has published nothing but its own transactions in Town 
 meeting legally Assembled, it gives us the greatest pleasure to 
 
MASSACHUSETTS PAPERS. 
 
 121 
 
 find your Excellency, in your reply to us, thus vindicate it from 
 any just cause of apprehension, from the general character of its 
 inhabitants, considered as individuals. If therefore the Town 
 has suffered on account of the disorders which happened on the 
 18i/i of March and 10th of June last, by persons unknown (the 
 only disorders that have taken place in this Town within the 
 year past) we take your Excellency’s Declaration to us to 
 be full testimony that in your opinion it must be in conse- 
 quence of some partial or false representations of those Dis- 
 orders to his Majesty’s Ministers. And we rejoice to find your 
 Excellency’s sentiments, as expressed in your reply, so far 
 harmonizing with those of his Majesty’s Council not long ago 
 published. "We have in this case the most authentic evidence 
 that can possibly be had, the joint testimony of the Governor 
 and Council of the Province : That the Town has not been 
 in a state of opposition to order and Government , and such, as to 
 require a Military Force to support civil Authority. 
 
 With regard to the public transactions of the Town when 
 legally assembled, from which alone in your Excellency’s 
 declared opinion the Town could have anything to apprehend, 
 we beg leave to say, that, after the most careful retrospect and 
 the best inquiry we could make into the nature and import of 
 those transactions, we are utterly at a loss in what view they 
 could appear to have militated with any law or the British 
 Constitution of Government. And we entreat your Excellency 
 would condescend to point out to us in what particular respect 
 they either have been or may be viewed in any such a light 
 that either the Town may be made sensible of the Illegality of 
 its proceedings, or that upon the most critical Examination, its 
 innocence may appear in a still clearer light. 
 
 Your Excellency’s high station in the Province and the regard 
 yon have professed for the interest of the Town, we humbly 
 apprehend, must give propriety to this as well as our former 
 address. 
 
 16 
 
122 
 
 MASSACHUSETTS PAPERS. 
 
 The foregoing address was accordingly presented his Ex- 
 cellency by the selectmen of the Town last Friday, when his 
 Excellency was pleased to return the following answer — 
 
 Gentlemen : 
 
 As in my answer to your former address, I confined myself 
 to you as Selectmen and the Town as a body. I did not mean 
 to refer to the disorders on the 18th of March or the 10th of 
 June, but to the transactions in the town meetings and the 
 proceedings of the selectmen in consequence thereof. 
 
 (Signed) FRANCIS BERNARD. 
 
 Copy Att't. 
 
 WILLIAM COOPER, Town Clerk. 
 
 Feb. 24, 1769. 
 
 LETTER FROM RICHARD CARY TO . 
 
 Charlestown, July 24, 1769. 
 
 Dear Sir: 1 
 
 I wrote you a few days ago by Robson : things were so cir- 
 cumstanced then, as to cause three letters by the same vessel. 
 
 You will now I conclude have a long letter and other papers 
 sent from the Committee of the House of Representatives, 
 which makes it necessary for me to be particular on the sub- 
 ject. 
 
 You’ll see by some affidavits sent you, the soldiers instead of 
 preserving peace among us, are the violaters of it; they are 
 troublesome and make a good deal of disturbance. 
 
 The ministry to enforce this Revenue Act, have put the 
 Nation, I imagine, to above a million charge, to support a plan 
 every one now must be convinced, will be of no advantage, but 
 cause great Tumults and uneasiness throughout America, be- 
 
MASSACHUSETTS PAPERS. 
 
 123 
 
 sides lessening the affection and Interest between the Mother 
 Country and her Colonies. 
 
 To see your Interest so well established in the House of 
 Representatives, I think must afford you a real pleasure, as it 
 gave me, to find you had every vote but two for their Agent. 
 A good harmony between you and Mr. Bollam may be much 
 to the interest of the Province, at this critical juncture, when 
 Governor Bernard goes home so full of resentment. A watch- 
 ful eye on his conduct, you will doubtless think, very neces- 
 sary. 
 
 I have lately talkt with Mr. Pepperill, who soon looks for 
 effects from Newfoundland, which he assures me shall come 
 into your hands, he expresses a concern you should be so long 
 out of your money. I will not be remiss, that you may have 
 it, as soon as possible. 
 
 Some demands still in England against Smith’s Estate and 
 the slow sale of the goods, causes a delay in the settlement. 
 You may depend on my attention to serve your interest. 
 
 Our whale fishery has been successful this season which is 
 of importance to our trade with England. 
 
 As two vessels from London are daily look’t for, I promise 
 myself the pleasure of hearing from you; which is always 
 pleasing to, 
 
 Dear sir, 
 
 Your affectionate and humble servant, 
 
 RICHARD CARY. 
 
 P. S. When you come to read the Resolutions of the House, 
 their Petition to the King, their Messages, &c. you’ll perhaps 
 think milder proceedings would have answered salutary pur- 
 poses better, but prudence and moderation does not seem 
 virtues with some people among us. 
 
124 
 
 MASSACHUSETTS PAPERS. 
 
 LETTER FROM RICHARD CARY TO . 
 
 July 26th. 
 
 Dear Sir: 
 
 Since writing the foregoing I’ve the pleasure of jour’s of 12 
 May, with the King’s Speech inclosed, for which I thank you. 
 
 I see great uneasiness prevails among you as well as among 
 us, and unless the conduct of the ministry alters, discontent 
 and complaints will prevail in both Countrys. Mr. Cushing 
 was so good as to show me your Letters to him. 
 
 I wish your good advice may be attended to. Notwithstand- 
 ing the Sugar Plum from the ministry that the Acts shall be 
 repealed next session of Parliament, perhaps designed to make 
 people easy here, and to -write for goods which may quiet some 
 uneasy minds with you, a partial Repeal is to little purpose 
 unless the arbitrary obnoxious Board of Commissioners is re- 
 moved. 
 
 The Freer our Trade the better for our Mother Country, so 
 that no disadvantages arise to her manufactorys. 
 
 I hear Scott was not going up. 
 
 Believe me to be very sincerely, 
 
 My good sir, 
 
 Your Faithful Friend, 
 
 RICHARD CARY. 
 
 LETTER FROM THOMAS CUSHING AND OTHERS, COMMITTEE, 
 TO . 
 
 Boston, October 23, 1769. 
 
 Sir: 
 
 In pursuance of the directions of the Town of Boston we 
 have the honor to transmit you a Pamphlet containing some 
 
MASSACHUSETTS PAPERS. 
 
 125 
 
 observations upon divers letters and memorials wrote by 
 Governor Bernard and others wherein the Town has been 
 injuriously aspersed and its inhabitants grossly misrepresented. 
 Your unwearied endeavours to serve the Interest of this 
 Province and the American Colonies in General, have been ob- 
 served with pleasure and will ever be had in grateful remem- 
 brance by this people, and we are persuaded from your well 
 known attachment to the cause of Liberty that you will exert 
 yourself in behalf of this injured town and improve their vin- 
 dication now sent you in such a manner as will best serve to 
 set their character in a true point of light and that you will 
 also employ your influence to obtain the removal of all the 
 grievances the Americans at present labor under. The inclosed 
 Pamphlet will give you some idea what relief is expected by 
 the People here, they will never think their grievances are 
 redressed till every Revenue Act is Repealed, The Board of 
 Commissioners dissolved and the Troops removed, and things 
 restored to the State they were in before the late measures of 
 Administration were taken. These things being accomplished 
 we doubt not that the Harmony which heretofore subsisted be- 
 tween Great Britain and the Colonies will be happily restored, 
 an event ardently wished for by every Friend to the British 
 Empire. 
 
 We are with strict truth, 
 
 Sir, Your Obedient humble servants, 
 
 THOMAS CUSHING, 
 SAMUEL ADAMS, 
 JOSEPH WARREN, 
 
 RI. DANA, 
 
 JOSHUA HENSHAW, 
 JOSEPH JACKSON, 
 
 BENJ. KENT. 
 
 Committee. 
 
126 
 
 MASSACHUSETTS PAPERS. 
 
 COPY OF A LETTER FROM DENNIS DE BERDT TO THE EARL OF 
 HILLSBOROUGH. 
 
 London, 9th Novem’er, 1769. 
 
 My Lord: 
 
 In obedience to your Lordship’s Commands I here inclose 
 you my original appointment to the Agency for the Lower 
 Counties on Delaware. 
 
 Since I waited on your Lordship Last Wednesday, a ship 
 has arrived from Boston, but brings me no letter. 
 
 As it is of vast importance to the reputation of the People in 
 that Colony to have an opportunity of supporting the allega- 
 tions in their Petition to his majesty against Sir Fran’s Ber- 
 nard, I am obliged to insist on their behalf that sufficient time 
 be granted them for that purpose in case he is resolved to 
 make his defence before the King in Council, otherwise his 
 majesty can have an opportunity of hearing but one side of the 
 question. 
 
 As I think it my duty to inform my constituents by the first 
 conveyance to any part of the Continent of this very important 
 proceeding I must beg your Lordship’s immediate answer, for 
 the honor and reputation of Two or three hundred Thousand 
 of His majesty’s most Loyal and Loving subjects may depend 
 much on the event. 
 
 COPY OF A LETTER FROM JOHN POWNALL TO DENNIS DE BERDT. 
 
 Whitehall, Nov. 10, 1769. 
 
 Sir: 
 
 I am Commanded by the Earl of Hillsborough to acquaint 
 you in answer to your Letter to his Lordship of the 8th Instant 
 that the Petition to His Majesty against Sr. Fran’s Bernard 
 which you mention having been by his Majesty’s Command 
 
MASSACHUSETTS PAPERS. 
 
 127 
 
 referred to the consideration of His Privy Council, any appli- 
 cation you have to make touching that Petition must be to that 
 Board. 
 
 I am further Commanded to acquaint you that the Petition 
 of the Assembly of the Lower Counties on Delaware, which 
 you delivered to His Lordship has been laid before the King. 
 
 I am, 
 
 Sir, 
 
 Your most obed’t humble ser’vt. 
 
 (Signed) JOHN POWNALL. 
 
 PETITION OF DENNIS DE BERDT TO THE KING. 
 
 To the King’s Most Excellent Majesty in Council: 
 
 The Humble Petition of Dennys De Berdt Agent for the 
 House of Assembly of the Massachusetts Bay, 
 
 Sheweth, That your Petitioner having rec’ed a Petition to 
 your Majesty which according to the direction of his Constitu- 
 ents, he delivered to your Majesty in person, 
 
 The said Petition tho’ full of Duty and affection to your 
 Majesty’s Person and Government (of which they have espe- 
 cially in the course of the two last wars given undeniable 
 evidence) yet containing heavy charges and grievous com- 
 plaints of the Administration of Sr. Era’s Bernard, Baronet, as 
 thereby more fully appears, 
 
 Being informed by the Earl of Hillsborough that your 
 Majesty has referred the consideration thereof to your Majesty 
 in Council, and as your Majesty’s determination thereon must 
 greatly affect many thousands of your Majesty’s Dutiful and 
 Loyal Subjects, and is a matter of the highest importance, 
 
 Your Petitioner earnestly prays in behalf of the said People 
 that in your great Wisdom and Justice, your Majesty will be 
 
128 
 
 MASSACHUSETTS PAPERS. 
 
 pleased to grant them due time and opportunity to make good 
 the several Allegations contained in the said Petition. 
 
 And your Petitioner, 
 
 I shall ever pray. 
 
 (Signed) DENNYS DE BERDT. 
 
 London, 13th Nov., 1769. 
 
 LETTER FROM THOMAS CUSHING AND OTHERS TO DENNIS DE BERDT. 
 
 Boston, 29th Decem’r, 1769. 
 
 Sirs: 
 
 The Merchants and Traders of the Town of Boston having 
 on the 1st. August 1768, entered into an agreement not to send 
 for or import any goods from Great Britain (some few Articles 
 excepted) from the 1st. January 1769 to the 1st. January 1770, 
 and as this agreement was near expiring on the 17th October 
 last they entered into another agreement not to write for any 
 goods to be shipped them from Great Britain untill all the 
 revenue Acts imposing duties for the purpose of raising a 
 Revenue, be totally Repealed, at the signing of which agree- 
 ment it was expected that the Merchants at New York, Phila., 
 and other Colonies would come into a similar agreement. 
 They were accordingly wrote to upon the subject, but as they 
 had already ordered their goods to be shipped in case the Act 
 imposing Duties on Teas, Glass, &c., was repealed, for this and 
 other reasons mentioned in their letters, they declined concur- 
 ring with us at present, but have proposed to join us in any 
 Plan that may be thought prudent to pursue for obtaining the 
 Repeal of the Acts of the 1st and 6th of George the third. 
 The Merchants here being fully convinced that it is of the 
 utmost importance that the Traders in all the Colonies should 
 act upon one and the same plan have agreed to conform to the 
 agreement entered into at New York and Philadelphia and to 
 write their Correspondents that the goods they have and may 
 
MASSACHUSETTS PAPERS. 
 
 129 
 
 send for should be shipped them, on this express condition 
 that the Act imposing Duties on Tea, Glass, Paper, and Colours 
 be totally repealed and not other ways and have directed their 
 Committee to Confer with the Committees of the other Colonies 
 relating to their Proposal above mentioned. In the meantime 
 as the Acts of the 4th and 6th George the third Contain many 
 grievous and unreasonable restrictions upon Trade and are by 
 far the most exceptionable, the Merchants here have thought 
 it necessary to make some observations upon these Acts as also 
 upon the conduct of the Custom House officers here, that our 
 friends in Parliament may be acquainted with the difficulties 
 the Trade labors under by means of these acts, a number of 
 which they now enclose you, which we doubt not you will 
 make the best improvement of. 
 
 W e are with the greatest Eespect 
 
 Your most obedient and hum’ servants, 
 
 THOMAS CUSHING, 
 EDWARD PAYNE, 
 WM. PHILLIPS, 
 
 JNO. BARRETT, 
 
 WM. MOSINENE, 
 ISAAC SMITH, 
 
 JOHN MASON, 
 
 WM. GREENLEAF, 
 JOSEPH WALDO. 
 
 Dennis De Berdt, Esq. 
 
 N. B. The Pamphlets del’d to the Care of Capt. Carey. 
 
 LETTER FROM THOMAS CUSHING TO STEPHEN SAYRE. 
 
 Boston, Jan. 1, 1770. 
 
 Dear Sir: 
 
 I am now to acknowledge the receipt of your Favour of the 
 21 September last. I wrote you before, that our Merchants had 
 
 17 
 
130 
 
 MASSACHUSETTS PAPERS. 
 
 agreed not to Import until all the Revenue Acts were repealed 
 but the Merchants at New York and Phila., as they had already 
 sent their orders for goods to be shipped on condition the Act 
 Imposing a Duty on Tea was totally Repealed and for other 
 reasons declined concurring with us in this measure but have 
 proposed in case the Acts of the 4th and 6th George the Third 
 should not be repealed this winter to join us in some effectual 
 measures to obtain the Repeal of said Acts, and the Committee 
 of Merchants here are directed to confer with them upon a plan 
 for that purpose in the meantime and the Merchants here think- 
 ing it of Importance that the Merchants thro’ the Continent 
 should act upon one and the same plan have concurred with 
 those at New York and Philadelphia and agreed not to import 
 until the Act imposing a Duty on Tea &c. is totally repealed 
 and have made some observations on the Acts of the 4th and 
 6th of George the Third, that our Friends in Parliament may 
 be thoroughly acquainted with our objections to those Acts. 
 Inclosed you have one of the Pamphlets which I doubt not 
 you will make the best improvement of. Our Merchants re- 
 main firm to their Agreement; as evidence of it they have 
 insisted upon the reshipping a parcel of goods lately arrived 
 from Bristol which were sent out by Mr. Wm. Jones Merchant 
 there, and the vessel on which they are laden will sail in a few 
 days, for Bristol, they amount to above Three thousand Pounds 
 Sterling. I hope this will convince the People on your side 
 the water that thus we are in earnest. I hope you will inform 
 the public in your papers, of these goods being returned as 
 well as those by Capt. Briant. The Government of New York 
 have lately voted to supply the Troops there, which has occa- 
 sioned great uneasiness there, and the people have convened 
 there an Amount of 1400 and sent a Committee to their Repre- 
 sentatives to let them know that they disapprove of this measure. 
 The general Court resent this Conduct of the People, what 
 will be the consequence time alone will discover. I hope and 
 
MASSACHUSETTS PAPERS. 
 
 131 
 
 pray that we may obtain relief this winter, if not I dread the 
 Consequence. 
 
 I conclude with respect, 
 
 Y’r most humble Servant 
 
 THOMAS CUSHING. 
 
 Mr. Stephen Sayre. 
 
 LETTER FROM THOMAS CUSHING AND OTHERS TO 
 DENNIS DE BERDT. 
 
 Boston, 30 January, 1770. 
 
 Sir: 
 
 As there are many Persons among us whose Disposition is 
 to represent every occurrence here as much to the disadvan 
 tage of this Town and Province as possible and from the late 
 transactions of the merchants here we are apprehensive many 
 misrepresentations will be made on your side the water, to pre- 
 vent the bad impressions of which we beg leave to lay before 
 you a candid and fair state of the whole matter and accordingly 
 now enclose you the Boston Gazette in which is inserted a par- 
 ticular and faithful account of the proceedings of the Mer- 
 chants and Traders of this Town at a late meeting which was 
 occasioned by the efforts of some persons to render abortive 
 the non-importation agreement. A few people who had agreed 
 to store their goods until a general importation might take 
 place had lately violated their agreement, some by .removing 
 their goods, particularly Messrs. Thomas and Elisha Hutchin- 
 son, sons to the Lieut. Governor who had imported a consider- 
 able Quantity of Tea and had according to agreement stored 
 and put the same under the Care of the Committee of Inspec- 
 tion and delivered them the Key, late on Saturday night the 
 6th Inst, they found means to get into the store where the Tea 
 was lodged and in a clandestine manner carried it off with a 
 
132 
 
 MASSACHUSETTS PAPERS. 
 
 declared intention of selling the same and part of them upon 
 examination it was found were actually sold. From this con- 
 duct of theirs others took courage and publicly gave out that 
 they intended to sell their goods and some few did actually 
 sell. This greatly alarmed the Trade, many of whom said that 
 in case the Conduct of those Persons passed unnoticed they 
 would immediately transmit orders for goods to be shipped 
 forthwith whether the Eevenue Acts were repealed or not, by 
 this means the Agreement at this critical time, it was highly 
 probable, would be destroyed: the consequences of which 
 might perhaps be fatal as it would not only destroy our credit 
 with the merchants in the other Governments, but have a direct 
 tendency to weaken the hands of our Friends and strengthen 
 those of our Enemies on your side the Water and so might be 
 the means of preventing the Eevenue Acts being repealed. It 
 was therefore Judged to be absolutely necessary to call a meet- 
 ing of the Merchants and Traders and others connected with Trade, 
 to consider of some legal and spirited measures to prevent the 
 non-importation agreement being rendered abortive. As peo- 
 ple in general were uneasy at the conduct of these few persons 
 which it was apprehended was in pursuance of a formed and 
 settled Plan to render void the agreement. The meetings held 
 upon this occasion were large but everything was conducted 
 with the utmost order, peace and decorum. As repeated appli- 
 cations has been made to these delinquents by Committees 
 whom they only trifled with, it was judged expedient and law- 
 ful for the whole body to wait upon them and demand a com- 
 pliance with their Agreement. This measure was thought to 
 be more necessary at this time as our brethren in the other 
 governments complained of our want of spirit, that our mea- 
 sures were too lax and in short began to grow very jealous of 
 us; The Trade were forced of convincing of them that they 
 were in earnest and at the same time chose carefully to avoid 
 every measure that had the least appearance of Illegality. This 
 Measure therefore was proposed as one well adapted to con- 
 
MASSACHUSETTS PAPERS. 
 
 133 
 
 vince them of our zeal in the cause ; however the Commissioners 
 and those who expected to reap any advantage from the Eevenue 
 Acts, clamoured about the meeting, said that it was unwarrant- 
 able and that the proceedings were illegal, but what they chiefly 
 objected to was the whole body going to the Houses and Stores 
 of these people and they represented as if the Trade had 
 demanded their Goods and Money, which upon perusing the 
 account enclosed you will find is very far from the truth. The 
 Body only waited upon some particular persons and informed 
 them that it appeared from the report of their Committee that 
 they had violated their agreement and demanded of them the 
 restoring such goods to the care of the Committee as they had 
 taken from their care and ivhich they had agreed should he stored 
 and kept until a general Importation might take place , in other 
 words it was only peremptorily demanding of them the fulfill- 
 ment of the agreement which they had voluntarily made with 
 the Trade. This the Body apprehended they had an undoubted 
 right to do, this they thought it was necessary to do in order to 
 preserve their Credit. It was the last step, that could be taken 
 and after having in this manner done their Duty they determined 
 to justify themselves to their Brethren thro’ the Continent and 
 publish the names of these delinquents to the world, that they 
 might meet with all that neglect and contempt they deserved 
 from all who are well wishers to this Country. 
 
 The Lieut. Governor convened his Council upon this occa- 
 sion and laid before them the proceedings of the meeting; he 
 proposed, as we are informed, the Issuing a Proclamation 
 Enjoining and requiring the People assembled to disperse, but 
 they would not advise to it, he then proposed as we are also 
 informed, going himself to the meeting to enjoin them to 
 disperse, neither would they advise to this, he made several 
 other proposals but to no purpose. They met indeed from day 
 to day but as they did not apprehend the Peace of the Town 
 was in any danger they did not seem inclined to discountenance 
 the meetings or to do anything that might give a check to the 
 
134 
 
 MASSACHUSETTS PAPERS. 
 
 measures that were pursuing in order to prevent the non 
 Importation agreement’s being broke. At last his Honor, the 
 Lieut. Governor, not by advice of Council, but without their 
 Privity or knowledge, sent a paper to the Meeting enclosed in 
 a Letter to their Moderator, Copys of which you have inserted 
 in the Newspapers. Afterwards His Honor made mention of 
 this Letter and paper to his Council upon which they passed a 
 Yote by a Majority of one in substance as follows. That this 
 Board approve of his Honor the Lieut. Governor’s sending the 
 said letter and paper to the people met at Faneuil Hall and that 
 it was altogether unnecessary for the Board to interfere in this 
 affair. So it appears from this account of the matter that the 
 Board considering his Honor’s station thought it not amiss in 
 him to show some discountenance to the proceedings of this 
 meeting and approved of his sending the Letter as Commander 
 in Chief, but it seems were not disposed to interpose their 
 authority in this affair by advising to any measure that would 
 discountenance the meeting or interrupt their proceedings. 
 His Honor also Cited the Justices of the County of Suffolk to 
 meet him and acquainted them also with the proceedings of this 
 meeting and desired them to consider what was proper to be 
 done by them relative to this matter. The result of their 
 Consultations you have in their answer to his Honor, which is 
 inserted in the Boston Gazette of the 29th Instant; by their 
 answer it appears they pass over the meeting in silence and did 
 not judge that there was any particular call at this time for any 
 exertions of theirs. 
 
 We have not the least reason to doubt that according to 
 custom the worst construction possible will be put upon these 
 proceedings of the Merchants and others, that every circum- 
 stance will be aggravated and such a colouring given to the 
 whole of the Transactions as may make the most unfavourable 
 impressions. You will excuse us therefore in being so par- 
 ticular in our accouut of this meeting and of the Occasion and 
 Design of it, as you will hereby be enabled to set it in its true 
 
MASSACHUSETTS PAPERS. 
 
 135 
 
 light and we are persuaded from your well kuown regard to the 
 true Interest of this Town and Province and from your repeated 
 exertions in their favor that nothing in your power will be 
 wanting to defend us against the ill natured suggestions and 
 cruel misrepresentations of those who have been and still are 
 disposed by every art in their power to injure us. 
 
 W e are with great regard 
 
 Your most humble servants, 
 THOMAS CUSHING, 
 
 WM. PHILLIPS, 
 
 JOHN HANCOCK, 
 
 ISAAC SMITH, 
 HENDERSON INCHES, 
 JNO. BARRETT, 
 
 WM. GREENLEAF, 
 EBENEZER STORER, 
 JOHN MASSON, 
 
 JOSEPH WALDO, 
 
 W. MOLINEAUX. 
 
 To Dennis De Berdt, Esq. 
 
 LETTER FROM JAMES BOWDOIN AND OTHERS TO — . 
 
 Boston, New England, March 23rd, 1770. 
 
 Sir: 
 
 It is in consequence of an appointment of the Town of 
 Boston that we have the honor of writing to you, and of com- 
 municating the enclosed narrative, relative to the massacre in 
 this Town on the 5th Instant. 
 
 After that execrable deed, perpetrated by Soldiers of the 
 29th Regiment, the Town thought it highly expedient, that a 
 full and just representation of it should be made to Persons of 
 Character as soon as may be, in order to frustrate the designs 
 
186 
 
 MASSACHUSETTS PAPERS. 
 
 of certain men who, as they have heretofore been plotting the 
 ruin of our Constitution and Liberties, by their Letters, Me- 
 morials and Representations, are now said to have procured 
 depositions in a private manner, relative to the said Massacre 
 to bring an odium upon the Town as the aggressors in that 
 affair. But we humbly apprehend that after examining the 
 said Narrative, and the Depositions annexed to it, you will be 
 fully satisfied of the Falsehood of such a suggestion; and we 
 take upon ourselves to declare upon our honor and consciences, 
 that having examined critically into the matter, there does 
 not appear the least ground for it. 
 
 The Depositions referred to (if any such there be) were 
 taken without notifying the Selectmen of the Town, or any 
 other Persons whatever, to be present at the Caption in behalf 
 of the Town : which, as it has been a thing justly complained 
 of heretofore in some other cases, so the Town now renew 
 their complaints on the same head; and humbly presume such 
 Depositions will have no weight till the Town has been served 
 with Copies of them, and an opportunity given them to be 
 heard in their defence in this matter, and in any other, wherein 
 their character is drawn into Question with a view of passing 
 a censure upon it. 
 
 A different conduct was observed on the Part of the Town : 
 The Justices with a Committee to attend them made their 
 examinations publicly ; most of them at Faneuil Hall and the 
 rest where any persons might attend. Notifications were sent 
 to the Custom House where the Commissioners of the Customs 
 sit, that they or any persons in their behalf might be present 
 at the Captions; and accordingly Mr. Sheaflfe, the Deputy 
 Collector, and Mr. Green, Tenant of the Custom House under 
 the Commissioners and employed by them, were present at 
 many of them. 
 
 One of said Commissioners Mr. Robinson, in a secret manner 
 has embarked on board Capt. Robson, and sailed for London 
 the 16th Instant; which with Three of the other Commissioners 
 
MASSACHUSETTS PAPERS. 
 
 137 
 
 mtiring from the Town, and not having held a Board for some 
 time since the 5th Instant, gives reason to apprehend they have 
 lanned, and are executing a scheme of misrepresentation, to 
 induce Administration to think that their persons are not in 
 safety in this town in the absence of Troops. But their safety 
 is no way dependent on Troops ; for you are sensible, sir, that 
 if any evil had ever been intended them, troops could not have 
 prevented it. 
 
 It was so apparently incompatible with the safety of the 
 Town for the Troops to continue any longer in it, that His 
 Majesty’s Council were unanimous in their advice to the Lieu- 
 tenant Governor that they should be removed to the Barracks 
 at Castle Island and it is the humble and fervent prayer of the 
 Town, and the Province in General, that His Majesty will 
 graciously be pleased, in his great wisdom and goodness, to 
 order the said Troops out of the Province ; and that his dutiful 
 and loyal subjects of this Town and Province — dutiful and 
 loyal notwithstanding any representations to the contrary — may 
 not again be distressed and destroyed by Troops; for prevent- 
 ing which we beg leave in behalf of the Town, to request 
 most earnestly the favor of your interposition and influence. 
 We have the Honor to be with the most perfect regard, 
 
 Sir, 
 
 Your most obedient and very humble Servants, 
 
 JAMES BOWDOIN, 
 SAM’L PEMBERTON, 
 JOSEPH WARREN. 
 
 18 
 
138 
 
 MASSACHUSETTS PAPERS. 
 
 LETTER FROM THOMAS CUSHING AND OTHERS TO 
 BENJAMIN FRANKLIN. 
 
 Boston, July 13th, 1770. 
 
 Sir: 
 
 It affords very great satisfaction to the Town of Boston to 
 find that the narrative of the horrid massacre perpetrated here 
 on the 5th of March last, which was transmitted to London, 
 has had the desired effect: by establishing truth in the minds 
 of honest men and in some measure preventing the odium be- 
 ing cast on the Inhabitants, as the aggressors in it. We were 
 very apprehensive that all attempts would be made to gain this 
 advantage against us, and as there is no occasion to think, that 
 the malice of our enemies is in the least abated, it has been 
 thought necessary that our friends on your side of the water 
 should have a true state of the Circumstances of the Town and 
 of everything which has materially occurred since the removal 
 of the Troops to the Castle. For this purpose we are appointed 
 a Committee. But the time will not admit of our writing so 
 fully by this conveyance, as we intend by the next, in the 
 mean time we intreat your further friendship for the Town, in 
 your endeavours to get the judgment of the Public suspended 
 upon any representation that may have been made, by the 
 Commissioners of the Customs and others, until the Town can 
 have the opportunity of knowing what is alleged against it and 
 of answering for itself. We must confess that we are aston- 
 ished to hear that the Parliament had come to the determina- 
 tion to admit garbled extracts from such letters as may be 
 received from America by Administration and to conceal the 
 names of the Persons who may be the writers of them. This 
 will certainly give great encouragement to Persons of wicked 
 intentions to abuse the nation and abuse the Colonies in the 
 grossest manner with impunity or even without detection. For 
 a confirmation hereof we need to recur no further back than a 
 
MASSACHUSETTS PAPERS. 
 
 139 
 
 few months, when undoubtedly the accounts and Letters carried 
 by Mr. Bobson would have been attended with very unhappy, 
 if not fatal effects, had not this Town been so attentive as to 
 have contradicted those false accounts by the Depositions of 
 many credible persons under oath. But it cannot be supposed 
 that a Community will be so attentive but upon the most 
 alarming events. In general Individuals are following their 
 private concerns, while it is to be feared the restless adversaries 
 are forming the most dangerous Plans for the ruin of the Eepu- 
 tation of the People, in order to build their own greatness on 
 the destruction of their Liberties. This game they have been 
 long playing; and though in some few Instances they have had 
 a losing hand yet they have commonly managed with such art, 
 that they have so far succeeded in their malicious designs as to 
 involve the Nation and the Colonies in Confusion and distress. 
 This it is presumed they never could have accomplished had 
 not those very letters been kept from the view of the public, 
 with a design perhaps to conceal the falsehood of them the 
 discovery of which would have prevented their having any 
 mischievous effects. This is the game which we have reason 
 to believe they are now playing with so much secrecy as may 
 render it impossible for us fully to detect them on this side the 
 water: How deplorable then must be our condition, if ample 
 credit is to be given to their Testimonies against us, by the 
 Government at home and if the names of our accusers are to be 
 kept a profound secret, and the world is to see only such parts 
 or parcels of their Eepresentations as Persons, who perhaps 
 may be interested in their favor, shall think proper to hold up. 
 Such a conduct if allowed, seems to put it into the power of a 
 few designing men to deceive a nation to its ruin. The mea- 
 sures which have been taken in consequence of Intelligence 
 managed with such secrecy have already to a very great degree 
 lessened that mutual confidence which had ever subsisted be- 
 tween the mother Country and the Colonies and must in the 
 natural course of things totally alienate their affections towards 
 
140 
 
 MASSACHUSETTS PAPERS. 
 
 each other and consequently weaken and in the end destroy 
 the power of the Empire. It is in this extended view of things 
 that our minds are affected. It is from these apprehensions 
 that we earnestly wish that all communication between the two 
 Countries of a public nature, may be unvailed before the pub- 
 lic, with the names of the persons who are concerned therein, 
 then and not till then will American affairs be under the direc- 
 tion of honest men, who are never afraid or ashamed of the 
 light. And as we have abundant reason to be jealous that the 
 most mischievous and virulent accounts have been very lately 
 sent to Administration from Castle William where the Commis- 
 sioners have again retreated for no reason that we can conceive, 
 but after their former manner to misrepresent and injure this 
 Town and Province, we earnestly entreat that you would use 
 your utmost influence to have an order passed that the whole of 
 the Packetts sent by the Commissioners of the Customs and 
 others under the care of one Mr. Bacon, late an officer of the 
 Customs in Virginia, who took his passage the last week in the 
 Brigantine Lydia, Joseph Wood, Commander, may be laid be- 
 fore his Majesty in Council. 
 
 If the writers of those letters shall appear to be innocent, no 
 harm can possibly arise from such a measure ; if otherwise, it 
 may be the means of explaining the true cause of the National 
 and Colonial malady, and of affording an easy remedy, and 
 therefore the measure may be justified and applauded by all 
 the world. 
 
 We have observed in the English Papers the most notorious 
 of falsehoods published with an apparent design to give the 
 world a prejudice against this Town, as the aggressors in the 
 unhappy transaction of the 5th of March, but no account has 
 been more repugnant to the truth, than a paper printed in the 
 public Advertiser of the 20th of April which is called The case 
 of Capt. Preston. As a Committee of this Town we thought 
 ourselves bound in faithfulness to wait on Capt. Preston to in- 
 quire of him whether he was the Author — he frankly told us 
 
MASSACHUSETTS PAPERS. 
 
 141 
 
 that he had drawn a state of his case, hut that it had passed 
 through different hands and was altered at different times and 
 finally the Publication in the Advertiser was varied from that 
 which he sent home as his own. W e then desired him to let us 
 know whether several parts which we might point to him and 
 to which we took exceptions were his own, but he declined 
 satisfying us herein, saying that the alterations were made by 
 Persons who he supposed might aim at serving him, though 
 he feared they might have a contrary effect, and that his dis- 
 criminating to us the parts of it which were his own from those 
 which had been altered by others might displease his friends 
 at a time when he might stand in need of their essential service ; 
 this was the substance of the conversation between us, where- 
 upon we retired and wrote to Capt. Preston a Letter the copy 
 of which is now enclosed. 
 
 The next day not receiving an answer from Capt. Preston at 
 the time we proposed, we sent him a message desiring to be 
 informed whether we might expect his answer, to which he 
 replied by a verbal message as ours was that he had nothing 
 further to add to what he had said to us the day before, as 
 you’ll please to observe by the enclosed certificate — 
 
 As therefore Capt. Preston has utterly declined to make good 
 the charges against the Town in the Paper called his case, or to 
 let us know to whom we may apply as the Author or Authors 
 of those parts which he might have disclaimed, and especially 
 as the whole of his case thus stated directly militates not only 
 with his own letter published under his own hand in the Boston 
 Gazette, but with Depositions of others annexed to our narra- 
 tive which were taken, not behind the Curtain as some may 
 have been, but openly and fairly after notifying the parties 
 interested, and before magistrates to whose credit the Governor 
 of the Province has given his full attestation under the Province 
 Seal, we cannot think that the papers called the Case of Capt. 
 Thomas Preston , or any other papers of the like import, can be 
 deemed in the opinion of the sensible and impartial part of 
 
142 
 
 MASSACHUSETTS PAPERS. 
 
 mankind as sufficient in the least degree to prejudice the cha- 
 racter of the Town. It is therefore altogether needless for us 
 to point out the many falsehoods contained in this paper ; nor 
 indeed would there be time for it at present for the reason 
 above mentioned. We cannot however omit taking notice of 
 the artifice made use of by those who drew up the statement 
 in insinuating that it was the design of the people to plunder 
 the King’s Chest, and for the more effecting that to murder the 
 Centinel posted at the Custom House where the money was 
 lodged. This Intelligence is said to have been brought to 
 Capt. Preston by a Townsman who assured him that he heard 
 the mob declare they would murder the Centinel. The townsman 
 probably was one Greenwood, a servant to the Commissioners, 
 whose deposition Ho. 96 is inserted among others in the narrative 
 of the Town, and of whom it is observed in a marginal note 
 that “ Through the whole of his examination he was so incon- 
 “ sistent and so frequently contradicted himself that all present 
 “ were convinced that no credit ought to be given to his de- 
 “ position, for which reason it would not have been inserted 
 “had it not been known that a deposition was taken relating to 
 “this affair, from this Greenwood by Justice Murray and 
 “ carried home by Mr. Robinson,” and further, “ this deponent 
 “ is the only person out of a great number of witnesses exa- 
 “ mined who heard anything mentioned of the Custom House.” 
 Whether this part of the Case of Capt. Preston was inserted 
 by himself or some other person we are not told : It is very 
 much to be questioned whether the information was given by 
 any other than Greenwood himself, and the sort of Character 
 which he bears is so well known to the Commissioners and 
 their connections some of whom probably assisted Capt. Pres- 
 ton in stating his case, as to have made them ashamed if they 
 regarded the truth to have given the least credit to what he 
 said. Whoever may have helped them to this intelligence, we 
 will venture to say, that it never has been and never can be 
 supported by the testimony of any man of tolerable reputation. 
 
MASSACHUSETTS PAPERS. 
 
 143 
 
 We shall only observe upon this occasion, bow inveterate our 
 enemies here are, who rather than omit what they might think 
 a lucky opportunity of slandering the Town, have wrought up 
 narrative not only unsupported by, but contrary to the clearest 
 evidence of facts and have even prevailed upon an unhappy 
 man under pretence of friendship to him, to adopt it as his 
 own. Though they must have known with a common share of 
 understanding that its being published to the world as his own 
 must have injured him, under his present circumstances, in the 
 most tender point, and so shocked was Capt. Preston himself 
 at its appearing in the light on this side the water, that he was 
 immediately apprehensive so glaring a falsehood would raise the 
 indignation of a people to such a pitch as to prompt them to 
 some attempts that would be dangerous to him, and he accord- 
 ingly applied to Mr. Sheriff Gij^enleaf for special protection on 
 that account. But the Sheriff assuring him that there was no 
 such disposition appearing among the people (which is an 
 undoubted truth) Capt. Preston’s fears at length subsided, and 
 he still remains in safe custody, to be tried by the Superior 
 Court of Judicature, at the next term in August, unless the 
 Judges shall think proper further to postpone the trial, as they 
 have done for one whole term, since he was indicted by the 
 Grand Jury. 
 
 Before we conclude it may not be improper to observe that 
 the removal of the Troops was in the slowest order, insomuch 
 that eleven days were spent in carrying the two Begiments to 
 Castle Island, which had before landed in the Town in less than 
 forty -eight hours, yet in all this time, while the number of the 
 Troops was daily lessening, not the least disorder was made by 
 the inhabitants, tho’ filled with a just indignation and horror at 
 the blood of their fellow citizens, so inhumanely spilt ! And 
 since their removal the common soldiers have frequently and 
 even daily come up to the Town for necessary provisions, and 
 some of the officers, as well as several of the families of the 
 soldiers have resided in the Town and done business therein 
 
144 
 
 MASSACHUSETTS PAPERS. 
 
 without the least molestation; yet so hardy have our Enemies 
 been as to report in London that the enraged populace had 
 hanged up Capt. Preston. 
 
 The strange and irreconcileable conduct of the Commissioners 
 of Customs since the 5th of March — their applying for leave 
 to retire to the Castle so early as the tenth, and spending their 
 time in making excursions into the Country ’till the 20th of 
 June following, together with other material circumstances are 
 the subject of our present enquiry, the result of which you will 
 be made acquainted with by the next conveyance. In the 
 mean time we remain with strict truth, 
 
 Sir, 
 
 Your much obliged and most obedient servants, 
 
 THOMAS CUSHING, 
 
 , R. DANA, 
 
 SAM’L ADAMS, 
 
 JOHN HANCOCK, 
 
 WM. PHILLIPS, 
 
 WM. MOLINEUX, 
 EBENEZER STORER, 
 WM. GREENLEAF. 
 
 To Benjamin Franklin, Esq. 
 
 A COPY OF LIEUTENANT GOVERNOR HUTCHINSON’S ORDERS TO 
 CAPTAIN JOHN PHILLIPS. 
 
 Having received by a Letter of the 6th of July last from the 
 Right Honourable the Earle of Hillsborough a signification of 
 his Majesty’s pleasure that the Company doing Duty in Castle 
 William be withdrawn and that the possession of the Fort be 
 delivered to an officer of the Regular Forces, and that the 
 Garrison consist of these Forces, You are therefore directed to 
 deliver the Possession of the Fort to Lieutenant Colonel Dal- 
 
MASSACHUSETTS PAPERS. 
 
 145 
 
 rymple and to such Detachment of the Regular Forces now 
 upon the Island as he shall order. Given under my hand at 
 Boston the 10th day of September 1770. 
 
 J. HUTCHINSON. 
 
 To Capt. John Phillips, 
 
 Or in his absence to the Commanding officer of the Garrison 
 at Castle "William. 
 
 PROCEEDINGS OF THE COUNCIL OF MASSACHUSETTS. 
 
 In Council October 4, 1770. 
 
 One of the members of the Board having acquainted the 
 Board that he had seen a Deposition signed — Andrew Oliver — 
 which was published in the Appendix to a Pamphlet lately 
 printed in London in which Deposition divers Gentlemen of 
 the Council (which consisted of Eight Members then present, 
 therein said to be convened on the 5th day of March last) are 
 represented as having made such a Declaration to His Honour 
 the Lieut. Governor respecting a plan formed by the People to 
 remove the King’s Troops and the Commissioners of the Cus- 
 toms from the Town of Boston, as was likely to be attended 
 with the most pernicious consequences to this Province : He 
 thereupon moved that the Board would make inquiry of the 
 Gentlemen of which said Council consisted what foundation 
 there was for such a Representation — which motion being re- 
 corded the Board desired said Gentlemen, namely, Mr. Danforth, 
 Mr. Erving, Mr. Hubbard, Mr. Gray, Mr. Russell, Mr. Tyler, 
 Mr. Pitts and Mr. Dexter, to prepare a true state of the matter 
 and lay the same before the Board as soon as may be. 
 
 JNO. COTTON, D. Secr’y. 
 
 A true Copy, Attest-. 
 
 JNO. COTTON, D. Secr’y. 
 
 19 
 
116 
 
 MASSACHUSETTS PAPERS. 
 
 The Committee appointed by the Hon’ble Board on the 4th 
 of October instant to inquire what foundation there was for 
 the Representations made in the Deposition signed Andrew 
 Oliver, published in the Appendix to a Pamphlet published in 
 London, and to prepare a true state of that matter and lay 
 the same before the Board having (as far as they are able) 
 recollected the proceedings had in Council the 6tli and 7th 
 of March last and the Declaration of Royal Tyler, Esq., and 
 other members of Council (so far as those proceedings and 
 Declarations are referr’d to in Mr. Oliver’s Deposition). What 
 your Committee can severally recollect, being comprised in 
 their respective Depositions accompanying this their Report 
 they take leave to lay the same before the Hon’ble Board for 
 their consideration. 
 
 SAM’L DANFORTH, By Order. 
 
 In Council Octo. 16, 1770. Read and accepted and ordered 
 that William Brattle, James Bowdoin, James Otis, John Brad- 
 bury and Stephen Hall, Esq’rs, be a Committee to take into 
 consideration the subject matter of this Report, together with 
 the Papers relative thereto, as also two Petitions from Mr. 
 Secretary Oliver to the Board on the same subject, and Report 
 what they think proper should be done thereon. 
 
 JNO. COTTON, D. Secr’y. 
 
 The Committee appointed by the Hon’ble Board the 16th 
 instant beg leave to make the following Report. 
 
 WILLIAM BRATTLE, by Order. 
 
 The Committee having maturely considered two Petitions to 
 the Hon’ble Board from the Secretary Andrew Oliver, Esq., 
 together with his Affidavit concerning the proceedings at Coun- 
 cil on the 6th and 7th of March last annexed to a Pamphlet 
 published in London and the several Depositions on the subject 
 matter of the said affidavit, take occasion to make a few obser- 
 vations from and upon them. 
 
MASSACHUSETTS PAPERS. 
 
 147 
 
 With Regard to the said Affidavit several things are observ- 
 able from it. 
 
 1st. That what is there declared to have been said by Mr. 
 Tyler in Council is expressed in such a manner as to be 
 generally understood to represent that antecedent to the un- 
 happy affair of the oth of March last, there had been a plan 
 formed by the People of the best character among us to remove 
 the Troops out of the Town of Boston and after that the Com- 
 missioners. 
 
 2ndly. That divers Gentlemen of the Council adopted what 
 had been so said. 
 
 3dly. That the Secretary had in his Draft expressed what 
 had been said in Debate at Council in the terms in the said 
 affidavit recited, and that this form or Draft of his “ was allowed 
 by the Council strictly to express the truth, but that it would 
 not stand well on the Council Records,” whereupon “ one of 
 the Gentlemen of the Board prepared an amendment” which 
 “ was substituted.” 
 
 As to the first Article, the plan therein mentioned was ac- 
 cording to the said Affidavit intended to effect the removal of 
 the Troops and the removal of the Commissioners. 
 
 With regard to the removal of the Troops Mr. Tyler, who 
 mentioned the said plan in Council on the 6th of March last, 
 declares in his Deposition “ that he uttered nothing in said 
 Council purporting that any plan had been formed to remove 
 the Troops previous to their firing on the Inhabitants, that he 
 had no Idea of a plan formed for the removal of said Troops 
 until the day after the shocking scene on the Evening of the 
 fifth of March last, and that he then meant to be understood 
 that the disposition of the People to remove the Troops was 
 occasioned by the killing and wounding of divers Inhabitants 
 of the Town and by the People’s apprehension that the Troops 
 still had an unfriendly design against them. 
 
 Mr. Erving, Mr. Pitts, and Mr. Dexter, in their Depositions 
 declare “ that they cannot Recollect, neither do they believe 
 
148 
 
 MASSACHUSETTS PAPERS. 
 
 that anything was said in Council by Mr. Tyler purporting 
 that any plan had been formed to remove the Troops previous 
 to their firing on the Inhabitants, but that they understood Mr. 
 Tyler to mean that the People were excited to such a measure 
 by the killing and wounding of some of the Inhabitants of the 
 Town on the evening immediately preceding.” 
 
 Mr. Danforth and the other Gentlemen of the Board then 
 present in Council have made in substance the same declara- 
 tions in their respective Depositions. Mr. Cotton the Secretary’s 
 Deputy and his assistant Francis Skinner by their Depositions 
 taken at the desire of the Secretary on being asked declared 
 that when Mr. Tyler mentioned the plan aforesaid they did not 
 apprehend him to mean a plan concerted previous to the Sixth 
 of March last, and the Secretary himself has lately declared 
 before the Board that he did not conceive Mr. Tyler to mean 
 such a preconcerted plan, and that he never believed any such 
 plan had been formed. All which declarations amount to a 
 satisfactory proof that what Mr. Tyler said in Council did not 
 convey the idea that a plan had been formed to remove the 
 Troops previous to their killing a number of the Inhabitants. 
 
 With regard to a plan for the removal of the Commissioners 
 Mr. Cotton declares “ He heard Mr. Tyler say that there was a 
 plan formed to remove the Troops from the Town and that 
 they would not stop there ; but would remove the Commission- 
 ers also.” Francis Skinner declares in substance the same as 
 does also Capt. Caldwell : The two first however say, that they 
 did not apprehend Mr. Tyler meant a plan concerted previous 
 to the 6th of March last. With regard to this Circumstance 
 Capt. Caldwell is not explicit, and it does not appear that any 
 question was asked him concerning it. 
 
 Lieut. Colonel Dalrymple in the body of his Deposition says 
 nothing concerning the Commissioners; but after he had signed 
 and delivered it being asked whether he remembered that Mr. 
 Tyler said that part of the plan was to remove the Commis- 
 sioners out of Town: He answered “that something of that 
 
MASSACHUSETTS PAPERS. 
 
 149 
 
 kind was mentioned by some Gentleman of tlie Council during 
 the Debates, but he cannot say whether it was Mr. Tyler.” 
 
 This is the whole of what is declared on the positive side 
 relative to the Commissioners. Two of these declarants, viz. 
 Cotton and Skinner, say they were called out divers times while 
 the Council was sitting and in the course of the proceedings ; 
 and Mr. Cotton infers from it “ that he cannot declare so fully 
 as those who attended without interruption.” Capt. Caldwell 
 did not go to the Council ’till four o’clock in the afternoon of 
 the 6th of March, and therefore cannot judge of what passed at 
 Council so well as those who attended both parts of the day : 
 And Col. Dalrvmple who did attend both parts of the Day did 
 not recollect when he delivered his Deposition that any thing 
 had been said concerning the Commissioners ; and his answer 
 when asked as above shows he had only a general remembrance 
 of something said about the Commissioners, but what it was does 
 not clearly appear by his answer. It is very likely that what 
 passed between the Lieut. Governor and several of the Council 
 relative to the protection of the Commissioners as below men- 
 tioned was the thing that lay in his mind. 
 
 It is not doubted that these Declarants understood Mr. Tyler 
 in the sense they have declared, but it is probable they might 
 misapprehend him. It appears by Mr. Gray’s and other Depo- 
 sitions that the Lieut. Governor asked the Board what protec- 
 tion there would be for the Commissioners if both Regiments 
 were ordered to the Castle ; and this very probably gave the 
 occasion for mentioning the Commissioners at all. Mr. Tyler 
 upon that question might express his sentiments on that head, 
 and having so fair an opportunity might express his sentiments 
 also concerning the Commissioners themselves and the low 
 estimation in which they are held by the People in general not 
 only here, but throughout the Continent, and this being inter- 
 mixed with the subject of the day, viz. the removal of the 
 Troops, might occasion what he meant to say relative to the 
 Troops only to be understood by some as relative to them and 
 
150 
 
 MASSACHUSETTS PAPERS. 
 
 the Commissioners also. It is certain that all the Gentlemen 
 of the Council then present have declared on oath they have 
 no remembrance that Mr. Tyler said there was a plan laid for 
 the removal of The Commissioners; and Mr. Gray adds to this 
 Declaration that he took particular notice of what Mr. Tyler 
 did say. Mr. Tyler himself upon the most serious recollection 
 declares on oath that the Assertion that he said there was a 
 plan formed to remove the Commissioners, or that it was any 
 part of a plan to remove them is a gross misrepresentation and 
 that in his best judgment and firm belief no plan to remove 
 the Troops before their firing on the Inhabitants of Boston or 
 at any time whatever to remove the Commissioners of the Cus- 
 toms ever was formed or forming by the People or any number 
 of Persons whatever. He further declares that on the Lieut. 
 Governor’s asking in said Council what will become of the 
 Commissioners if the Troops should be removed; several of 
 the Council gave it as their opinion that they would be safe 
 and that they always had been safe ; and he verily believes 
 nothing was said to the contrary by any one of the Council 
 present. Mr. Gray declares that upon the Lieut. Governor’s 
 asking the said question he answered that the Commissioners 
 would be as safe without the Troops as with them: for that the 
 People would never be so mad as to offer them the least vio- 
 lence when the Troops could easily be recalled for their protec- 
 tion; He further declares that one gentleman at the Board 
 immediately seconded him and assured his Honour of their 
 safety and added that he would pawn his Life that they would 
 receive no injury. 
 
 Mr. Danforth declares that he well remembers that divers of 
 the Council then declared that in their opinion the Commis- 
 sioners might continue in Town in safety after the Troops 
 were removed thence ; and that no one of the Council present 
 discovered an opinion diverse therefrom. 
 
 Mr. Erving declares that he said at the Board in the hearing 
 of the Lieut. Governor on the 6th of March last that in his 
 
MASSACHUSETTS PAPERS. 
 
 151 
 
 opinion the Commissioners were safe in Town and never had 
 been in danger : and that he would pawn his life they would 
 remain safe, or words of that import. 
 
 If the foregoing circumstances and Declarations be duly 
 remarked it will appear highly probable that if Mr. Tyler said 
 anything about the Commissioners it was misunderstood ; and 
 this will appear still more so if it be further remarked, that, on 
 the contrary supposition, it must have been considered as a 
 reason for the Troops remaining in Town if the Commissioners 
 had been supposed to be in danger; as had been observed by 
 several of the Deponents; and the said Deponents are per- 
 suaded it would have been so considered by the Lieut. Gover- 
 nor and the Commanding Officer of the Troops, and conse- 
 quently have tended to defeat the very end which the several 
 members of the Council and Mr. Tyler in particular are repre- 
 sented as aiming at. And they further observe that had he 
 mentioned it as his opinion that there was a design of the 
 People to remove the Commissioners it would have been so 
 utterly contrary to the sentiments of these Deponents, and they 
 doubt not of every other member of the Council present except 
 himself that they verily believe it must have produced such a 
 dispute and opposition as could not so soon have been forgot. 
 
 The 2nd thing observable from the Secretary’s Affidavit is 
 That divers Gentlemen of the Council by referring expressly 
 to it adopted what Mr. Tyler had said, viz. That People of the 
 best character among us had formed a plan not only to remove 
 the Troops but the Commissioners. 
 
 In contradiction of this every Gentleman of the Council then 
 present deny that they adopted any such declaration; so far 
 were they from adopting what is represented to have been said 
 by Mr. Tyler about a plan for the removal of the Commissioners 
 that there is not one of them has the least remembrance of any 
 thing said concerning a plan to remove the Commissioners and 
 therefore they could not refer to it or in any sense whatever 
 adopt it. Mr. Hubbard and Mr. Russell declare that as they 
 
152 
 
 MASSACHUSETTS PAPERS. 
 
 cannot recollect that they heard a word from Mr. Tyler of any 
 intention to remove the Commissioners, so neither could they 
 have adopted such a strange opinion had it been advanced by 
 any person whatsoever. 
 
 Mr. Erving, Mr. Pitts and Mr. Dexter declare the same : and 
 add that according to their best remembrance what was really 
 said in Council by Mr. Tyler was not referred to by any other 
 Member present in such manner as that it could with the least 
 degree of propriety be affirmed in general terms as it is in the 
 Deposition of the said Mr. Oliver that they adopted what Mr. 
 Tyler had said. 
 
 Mr. Danforth in his Deposition recites that whereas in Mr. 
 Oliver’s aforementioned Affidavit it is asserted that divers 
 members of the Council adopted what Mr. Tyler had said by 
 referring to it, and thereby excusing themselves from enlarging 
 (which assertion plainly imports that divers members of the 
 Council assented to and adopted all that Mr. Oliver in his Affi- 
 davit had represented to have been said by Mr. Tyler relative 
 to a plan formed to remove the Commissioners as well as the 
 Troops.) He the Deponent declares that altho’ he had the like 
 apprehension Mr. T}der had of the danger of further bloodshed 
 in case the Troops should continue in the Town, yet that he 
 never adopted any sentiment that a plan had been concerted 
 for removing the Commissioners (or even the Troops by way 
 of Compulsion) and so far at least as relates to the Commis- 
 sioners this Deponent is fully persuaded that no member of the 
 Council then present did adopt the same ; inasmuch as he well 
 remembers that divers of them then declared that in their 
 opinion the Commissioners might continue in Town with all 
 safety after the Troops were removed thence; and no one of 
 the Council then present discovered an opinion diverse there- 
 from. 
 
 From these Depositions and what went before, it appears 
 that the said Gentlemen of the Council were so far from adopt- 
 ing what the Secretary represents to have been said by Mr. 
 
MASSACHUSETTS PAPERS. 
 
 153 
 
 Tyler concerning a plan for the removal of the Commissioners, 
 that there is not one of them has the least remembrance of any 
 thing said about such a plan; and therefore they could not 
 refer to it, or in any sense whatever adopt it. 
 
 The 3rd thing observable in the Secretary’s Affidavit is what 
 he declares about his Draft expressing what had been said in 
 debate at Council that it was allowed by the Council strictly to 
 express the truth, but that it would not stand well on the 
 Council Eecords. This declaration represents the Council in a 
 very odious light. It conveys to the world this Idea, that they 
 rejected his Draft because it was true, and that the truth of it 
 made it unfit to be recorded in the Council Books : Whereupon 
 an amendment was substituted. To substitute an amendment 
 that alters the Truth is to substitute a falsehood ; and as the 
 said declaration suggests such a substitution it implies a charge 
 of falsehood upon the Gentlemen that were present at that 
 Council. But although the Committee apprehend the secretary 
 did not intend any such charge yet his words may probably be 
 construed to imply it. 
 
 With regard to the said Amendment most of the said Gentle- 
 men have expressed their Sentiments in their respective De- 
 positions. Five of them declare that the words made use of 
 in the amendment as recited by the said Mr. Oliver in his 
 Deposition, which were the next morning proposed in Council 
 to be substituted instead of the terms the Secretary had used 
 in the minits of the Council taken the day before, these Depo- 
 nents then verily thought less liable to be misconstrued ; and 
 that by this alteration the true meaning and intent of the several 
 members of the Council, in what they had on the preceding 
 day said to the Lieut. Governor of the Disposition of the People 
 would fully and fairly appear. 
 
 Mr. Danforth declares that the said amendment was unani- 
 mously agreed to by the Members of the Council then present, 
 and contains the whole of what, after full debate and mature 
 consideration was by them adopted, and (together with the 
 20 
 
154 
 
 MASSACHUSETTS PAPERS. 
 
 advice given to the Lieut. Governor to use his influence that 
 the Troops might be removed) was as this Deponent appre- 
 hends the whole that could regularly be certified by the secre- 
 tary as they were the only Votes of Council that had passed 
 upon that occasion. 
 
 The Committee next proceed to consider the Secretary’s two 
 Petitions to the Board, and to make some observations on them. 
 
 In one of them he represents that his Deposition or affidavit 
 above mentioned appears by the tenor of it to have been made 
 merely to vindicate the Lieut. Governor in desiring that his 
 Majesty’s Troops might be removed to Castle William after 
 the fatal Catastrophe of the 5th of March, he having been 
 called upon b} r the Lieut. Governor to give a true relation of 
 the proceedings had in Council on that affair. If the Lieut. 
 Governor desired the said Deposition for his vindication could 
 he not have been vindicated without the Secretary’s traducing 
 the Council and bringing into Question the loyalty of the 
 Town of Boston or Province? Was it not traducing the 
 Council to suggest that they rejected his Draft because it strictly 
 expressed the truth ? And was it not bringing into question 
 the loyalty of the Town or Province to suggest that a plan had 
 been formed by People of the best characters among us to 
 remove the Troops and Commissioners and that divers of the 
 Council adopted or allowed it to be true that there was such 
 a plan ? Do these suggestions and the Declarations contained 
 in the Secretary’s Deposition in which he wholly omits what 
 was said about the Safety of the Commissioners comport with 
 a true Belation of the proceedings had in Council on the above 
 mentioned affair: which Relation the Lieut. Governor called 
 xipon him for ? 
 
 The Secretary further represents that “ as holding his Com- 
 mission immediately from the King, who therein expresses his 
 confidence in his fidelity, he could not consider himself as acting 
 in breach of Trust in making said Deposition, as he was called 
 upon by the Commander in chief who is the King’s Represen- 
 
MASSACHUSETTS PAPERS. 
 
 155 
 
 tative to give a true relation of the proceedings had in Council 
 on that day.” 
 
 Though the Secretary holds his Commission immediately 
 from the King, the Commission constitutes him an officer of the 
 Province, to do the Business appertaining to the office of secre- 
 tary ; but does not give the Commander in Chief, notwith- 
 standing he is the King’s Representative in the Province any 
 authority over him. By virtue of his Commission he is to do 
 the proper business of Secretary. But could it be a part of 
 such business to take minits at Council of what all or any of 
 the members said in their Debates ? And afterwards to give a 
 Deposition of it when called upon by the Commander in Chief? 
 If it was not a part of such business, for what purpose could 
 lie want to assist his memory by taking said minits ? Could 
 this be any proof of fidelity to the King ? or could it not be 
 considered a breach of Trust ? W ould not such an Idea of the 
 business of a secretary degrade him into the character of a spy 
 and Informer? Would it not be inconsistent with freedom of 
 consultation and debate and consequently one of the most 
 essential privileges and rights of Council ? And would it not 
 therefore be subversive of every principle which distinguishes 
 a free Government from Despotism? But admitting that the 
 Secretary as the King’s Officer is under obligation to take such 
 minits at Council and reduce them to a Deposition if desired 
 by the King's Representative (which is utterly denied) yet it 
 appears by one of the Secretary’s Petitions to the Board that he 
 officiously without the privity of any one took the Minits of 
 what was said in the Debates of Council on the Sixth of March. 
 
 If the Secretary could think himself authorized to take such 
 minits and give such a Deposition, was he not under the obliga- 
 tion of honor; and did not justice require him to Communicate 
 it to the Council before he had completed and delivered it? 
 Had he done so, the mistakes and partial Representations con- 
 tained in it mio'ht have been corrected and his own honor and 
 
 O 
 
 Justice remained unimpeached. 
 
156 
 
 MASSACHUSETTS PAPERS. 
 
 It lias been for some time justly complained of that Deposi- 
 tions, Memorials and every Species of Information have been 
 made and taken and sent to England in a secret manner ; and 
 then made use of to represent His Majesty’s Subjects here in 
 an odious light ; which has occasioned Troops and naval arma- 
 ments to be sent hither, to the great and unjust annoyance and 
 distress of His Majesty’s Subjects of this Province. It was 
 therefore the more extraordinary that the secretary in the affair 
 of his Deposition, should act in the same secret manner, especi- 
 ally as it respected what had been said in Council ; about which 
 he could easily have informed himself from the Members of it, 
 who at the same time had a right to know what he had repre- 
 sented concerning them. Whatever may have been designed 
 with regard to the operation of this Deposition, the manifest 
 tendency of it is to give a most unfavourable and at the same 
 time a most unjust Idea of the People here, and of the Council 
 in particular. As the said Deposition represents the Council 
 in an ill light, it could be no disagreeable present to Governor 
 Bernard to whom it was sent by the Lieut. Governor as he in- 
 formed the Board. His Honor at the same time informed them 
 that he desired Governor Bernard to keep it to himself unless 
 his conduct with regard to the removing the Troops should be 
 faulted, in which case it was to be made use of for his Honor’s 
 vindication. Whether it was used or not for that purpose is 
 uncertain ; but this is certain that it has been published in 
 London, annexed with other Depositions to a printed Pamphlet 
 entitled “ A fair Account of the late unhappy disturbance at 
 Boston in New England,” in which Pamphlet Depositions is 
 given a very unfair and in all material circumstances a very 
 false account of what is therein called the late unhappy dis- 
 turbance. The most material things aimed at in the said 
 Pamphlet is to obtrude as truth on the public this falsehood 
 viz : that a plan was here laid for the expulsion of the Troops 
 prior to their firing on and killing a number of the Inhabitants 
 of the Town ; and the principal if not the only Deposition that 
 
MASSACHUSETTS PAPKES. 
 
 157 
 
 in any measure tends to support suck a charge is the Secretary’s 
 above mentioned. This Deposition has in some degree an- 
 swered the purpose of the Pamphlet writer or procurer ; and 
 is well calculated to answer the further purpose of Governor 
 Bernard to effect a change of the Constitution of the Council 
 by giving of the last year’s Council a very disadvantageous Idea, 
 from which will be formed the Idea of the present Council 
 which includes the same Members as the last. 
 
 This Deposition has been attended with Circumstances that 
 appear in some degree remarkable. It was taken on the same 
 day on which the other Depositions (or most of them) annexed 
 to the same Pamphlet were taken, viz. the 13th of March. 
 They all went (as seems probable) by Mr. Commissioner Robin- 
 son -who sailed for England the 16th of March ; and they are 
 all published together in the same Pamphlet. Whether these 
 circumstances are casual, or whether they indicate a mutual 
 correspondence and communication between Persons here, with 
 regard to the said Depositions, there do not appear any sufficient 
 means precisely to determine. 
 
 The Secretary further represents “how cautious he was in 
 framing the Deposition ; and that he is confident he has been 
 precise in setting down the very words used on the occasion 
 without adding any construction of his own.” 
 
 How cautious and precise the Secretary has been especially 
 in representing what was said about the Commissioners has 
 fully appeared above, under the article relative to them. He 
 not only gives an imperfect account of what he has represented, 
 but has wholly omitted all the Declarations made at Council 
 relative to the Commissioners that they would be safe notwith- 
 standing the Troops should be removed which has already 
 sufficiently appeared. 
 
 The Secretary goes on to observe that the principal matter 
 wherein the testimony of divers (or rather of all) of said Gen- 
 tlemen differs from his own, appears to him to be concerning 
 what relates to the Commissioners, with regard to which he 
 
158 
 
 MASSACHUSETTS PAPERS. 
 
 apprehends his Deposition is fully supported by the testimony 
 of disinterested witnesses then present. 
 
 The Secretary here suggests that the Gentlemen of the 
 Council are interested, and therefore that their testimony 
 wherein it differs from that of his witnesses, whom he represents 
 as disinterested, must be invalidated. 
 
 Seven Gentlemen of the Council have given testimony about 
 what Mr. Tyler is represented to have said in Council concern- 
 ing the Troops and Commissioners. In this matter it is evident 
 they are wholly disinterested. What inducement then could 
 they have to pervert the Truth ? How is their testimony in 
 this matter invalidated? They may be stiled disinterested 
 Witnesses as properly as those produced by the Secretary; and 
 much more so than two of them, who act under and are de- 
 pendent on the Secretary for their continuance in office. 
 
 The Committee have been thus particular in this matter that 
 the true state of it might appear; and that thereby the perni- 
 cious consequences to the Province which the Hon’ble Board 
 apprehend the Secretary’s Deposition may be attended with 
 may be prevented. 
 
 So far as this matter stands related to the Council it appears 
 that the Secretary’s Deposition exhibits to the world a very 
 dishonourable and injurious Idea of them by suggesting that 
 because his draft was allowed strictly to express the truth, it 
 would not stand well on the Council Eecords, and was there- 
 fore rejected by the Council. It appears also that the Secre- 
 tary in a secret manner has taken Minits at Council of what 
 was said by the members of the Council in their Debates. 
 That he has subscribed his name to a paper containing these 
 minits and has taken his Deposition before Foster Hutchinson, 
 Esq., as to the truth of it : also that the said Paper and Depo- 
 sition has been sent by the Lieut. Governor to Governor Ber- 
 nard and that they have since been published with other Depo- 
 sitions annexed to a printed Pamphlet designed to defame the 
 
MASSACHUSETTS PAPETCS. 
 
 159 
 
 Province with regard to the unhappy affair of the 5th of 
 March. 
 
 The Conduct of the Secretary in this affair is not only a 
 breach of trust in him and injurious to the Character and 
 Honor of the Council, but it is destructive of all freedom of 
 Speech and Debate and consequently a breach of Privilege — 
 the most essential privilege belonging to the Council or that 
 can belong to a deliberative Body. 
 
 The Committee therefore are humbly of opinion that the 
 Honor of the Council requires that the Board should come into 
 the following Resolutions. 
 
 1st. Resolved, that Andrew Oliver, Esq., Secretary of this 
 Province by secretly taking minits at Council of what was said 
 by the Members of Council in their Debates, also by signing a 
 paper containing those minits and further by giving his Depo- 
 sition to the Truth of it has in each and all these instances 
 acted inconsistent with the Duty of his Office and thereby is 
 guilty of a breach of Trust. 
 
 2ndly. Resolved that the said Andrew Oliver, Esq., inas 
 much as such proceedings are destructive of all freedom of 
 Debate, is guilty of the Breach of a most essential privilege of 
 this Board. 
 
 3 ily. Whereas the said Andrew Oliver, Esq., has suggested 
 in his said Deposition that because his Draft was allowed 
 strictly to express the truth it would not stand well on the 
 Council Records and was therefore rejected by the Council, 
 Resolved that by such suggestions, he has injured and abused 
 the Members composing that Council, and by so doing has 
 reflected great dishonor on this Board. 
 
 4thly. Resolved that an attested Copy of this Report, and 
 the Petitions and Depositions to which it relates, be sent to Mr. 
 Agent Bollan in order that he may make the best use of them 
 he can for the benefit of this Province. 
 
 In Council October 23d, 1770. Read and unanimously ac- 
 
160 
 
 MASSACHUSETTS PAPERS. 
 
 cepted, and thereupon the Board came into the following Reso- 
 lutions. 
 
 1st. Unanimously Resolved that Andrew Oliver, Esq., Secre- 
 tary of this Province by secretly taking minks at Council of 
 what was said by the Members of Council in their Debates, 
 also by signing a paper containing those Minits and further by 
 giving his Deposition to the Truth of it thus in each and all 
 those instances acted inconsistent with the Duty of his office, 
 and therefore is guilty of a breach of trust. 
 
 2dly. Unanimously Resolved that the said Andrew Oliver, 
 Esq., inasmuch as such proceedings are destructive of all free- 
 dom of debate is guilty of the breach of a most essential privi- 
 lege of this Board. 
 
 2dly. Whereas the said Andrew Oliver, Esq , has suggested 
 in his said Deposition that because his Draft was allowed 
 strictly to express the truth, it would not stand well on the 
 Council Records and was therefore rejected by the Council. 
 Unanimously Resolved that by such suggestion he has injured 
 and abused the Members composing that Council and by so 
 doing has reflected great dishonour on this Board. 
 
 4thly. Unanimously Resolved that an attested Copy of this 
 Report and the Petitions and Depositions to which it relates be 
 sent to Mr. Agent Bollan in order that he may make the best 
 use of them he can for the benefit of this Province. 
 
 JOHN COTTON, D. Secr’y. 
 
 A True Copy, Attest. 
 
 JOHN COTTON, D. Secr’y. 
 
MASSACHUSETTS PAPERS. 
 
 161 
 
 PETITION OP ANDREW OLIVER TO THE COUNCIL OF 
 MASSACHUSETTS. 
 
 Province of the Massachusetts Bay, 5th October, 1770. 
 
 To the hon’ble his Majesty’s Council for the said Province, 
 as a Branch of the Legislature now sitting. The humble Peti- 
 tion of Andrew Oliver, Esq., Sheweth, 
 
 That your Petitioner while attending his duty yesterday in 
 the Council Chamber at Cambridge took notice of a Vote of 
 Council passed in consequence of a Deposition signed Andrew 
 Oliver said to have been published in England relative to the 
 unhappy affair in Boston the 5th of March last in which Vote 
 Eight Gentlemen of the Board who were of the Council last 
 year were desired to draw up the State of the affair to which 
 the said Deposition relates. 
 
 Your Petitioner begs leave to represent that the said Depo- 
 sition appears by the Tenor of it to have been made merely to 
 vindicate the Lieutenant Governor in desiring that his Majes- 
 ty’s Troops might be removed to Castle William after the fatal 
 Catastrophy of that Day, by shewing the necessity he was 
 under of conceding to it, arising from the favorable Reasons 
 urged by the Council on that occasion, which reasons may 
 equally serve to justify the Council in advising his honor to 
 that measure. 
 
 That your Petitioner as holding his Commission immediately 
 from the King who therein expresses his confidence in his 
 Fidelity would not consider himself as acting in Breach of 
 Trust in making said Deposition, as he was called upon by the 
 Commander in Chief, who is the King’s Representative in the 
 Province to give a true relation of the proceedings had in 
 Council on that Day, which his Honor has since declared in 
 Council. And your Petitioner could have no apprehension of 
 his betraying any of the secrets of Government, as most, if not 
 21 
 
162 
 
 MASSACHUSETTS 1'APEliS. 
 
 all the proceedings of the day were had in a more public man- 
 ner than usual, divers of the King’s Officers having been then 
 present at the desire of the Governor and Council at their 
 Debates and Resolutions in Council. 
 
 Wherefore your Petitioner humbly prays, that before the 
 Report of the said Gentlemen is acted upon in Council, as his 
 character may be essentially affected thereby, he may be al- 
 lowed to put in a Reply, produce his Witnesses, and be heard 
 upon the Subject, and your Petitioner shall in Duty bound 
 ever pray, &c. 
 
 ANDREW OLIVER. 
 
 In Council 5th October, 1770. Read and ordered, That this 
 Petition lye for the present. 
 
 JNO. COTTON, D. Sec’ry. 
 
 A true Copy from the original Petition. 
 
 Attest , 
 
 JNO. COTTON, D. Sec’ry. 
 
 PETITION OF ANDREW OLIVER TO THE COUNCIL OF 
 MASSACHUSETTS. 
 
 Province op the Mass. Bat, 16th October, 1770. 
 
 To the Hon’ble His Majesty’s Council for the Province 
 afores’d, 
 
 Iiumbley Sheweth, Andrew Oliver, That your Petitioner ob- 
 serves in the Vote of Council referred to in his Petition pre- 
 ferred the 5th Inst, to this Hon’ble Board as a Branch of the 
 Legislature that he is charged with representing divers Gentle- 
 men of the Council of the last year in a certain Deposition 
 published in England “ as having made such a Declaration to 
 “his honor the Lieut. Governor respecting a plan formed by 
 
MASSACHUSETTS PAPERS. 
 
 163 
 
 “ the People to remove the King’s Troops and the Commission- 
 “ ers of the Customs from the Town of Boston as was likely to 
 “be attended with the most pernicious consequences to this 
 “ Province.” 
 
 h. our Petitioner hereupon begs leave to observe to your 
 honors that he has represented Mr. Tyler only as having made 
 a Declaration of that kind, and divers other Gentlemen as onty 
 “ adopting what Mr. Tyler had said by referring expressly to it 
 “and thereupon excusing themselves from enlarging.” 
 
 Before your Petitioner attempts to explain his said Deposi- 
 tion he hopes he may without offence be allowed to take notice 
 that he hath not used the words — Commissioners of the Cus- 
 toms — as is expressed in the Vote of Council, but — the Com- 
 missioners only : and he the rather takes notice of this variation 
 because it brings fresh to his mind how cautious he was in 
 framing his Deposition. He perfectly remembers that Mr. 
 Tyler mentioned the Commissioners but not the Commissioners 
 of the Customs: Your Petitioner therefore did not insert descrip- 
 tive words in his Deposition. 
 
 Your Petitioner apprehends that the several positive witnesses 
 which he has produced to prove that Mr. Tyler said the words 
 above mentioned must be considered as undoubted evidence of 
 the fact ; but he never once pretended to say that divers other 
 Gentlemen made such a declaration otherwise than by adopting 
 what Mr. Tyler had said, i. e. by referring to it and thereupon 
 desiring to be excused from enlarging. 
 
 He thinks he has not misunderstood the meaning of the 
 word adopt. The word as he conceives in its primarj" significa- 
 tion intends — a person’s taking another’s child, as his own — 
 From hence when one relates a Story or an historical account 
 of Facts upon the credit of another without shewing any doubt 
 of the truth of them, he is said to adopt the Story or account 
 related by him ; and in like manner he may be said to adopt 
 the opinion of another when he expressly refers to it without 
 betraying a doubt about it; he does so in a more especial 
 
164 
 
 MASSACHUSETTS PAPERS. 
 
 manner when he refers to such opinion for his own Govern- 
 ment or the Government of others in point of practice. In this 
 sense your Petitioner understood the word adopt. Had he said 
 that divers other Gentlemen confirmed what Mr. Tyler had said, 
 it might have been then alledged that they were charged with 
 vouching for the truth of facts themselves, whereas the word 
 adopt strictly and literally implies no more than that they sup- 
 posed the truth of facts on the credit of the Relator; nor did 
 your Petitioner ever intend anything more by it: and that 
 upon supposition of the truth of the facts related they might 
 found their opinion. 
 
 Your Petitioner therefore hopes his Deposition cannot be 
 considered as containing any unjust charge against any of the 
 Gentlemen of the Council who referred to what had been said 
 by another Gentleman as aforesaid. 
 
 Nor did your petitioner ever apprehend that the good people 
 of the Province in general were at all chargeable with forming 
 any unjustifiable plan. If the Plan said to have been formed to 
 remove the Troops and Commissioners was to have been exe- 
 cuted in a legal and Constitutional way, they would doubtless be 
 ready to avow it themselves. If it was to have been executed 
 by violence such plans are usually formed by a few; and if it 
 was formed after the Evening of the Fifth and before noon of 
 the Sixth of March, it may well be supposed that there were 
 very few concerned in the forming of it. 
 
 Your Petitioner never intended to convey any idea of the 
 plan being formed prior to the Sixth of March rather than after 
 it; he is confident that he has been precise in setting down the 
 very words used on the occasion without adding any construc- 
 tion of his own. 
 
 Your Petitioner will not presume to make any other observa- 
 tions on the Depositions of the Gentlemen of the Council who 
 were concerned in this business save that they are generally 
 negative Testimonies and some of them principally argumen- 
 tative. The original matter wherein the testimony of divers 
 
MASSACHUSETTS PAPERS. 
 
 165 
 
 of said Gentlemen differs from tliat of your Petitioner appears 
 to him to be concerning what relates to the Commissioners with 
 regard to which he apprehends his Deposition is fully supported 
 by the testimony of disinterested Witnesses then present. 
 
 Your Petitioner drew up a memorandum of that day’s pro- 
 ceedings without the privity of any one merely to assist his 
 memory in future. 
 
 AYhen he was afterwards called upon by the Lieut. Governor 
 for his testimony concerning these matters he had this Memo- 
 randum or narrative copied without any alteration. It does 
 not appear to have had any influence on the Measures of 
 Government at Home as the proceedings relative to the Troops 
 are not so much as mentioned in the Resolves of the King in 
 Council in July last: nor has he heard of any private Letter 
 from London mentioning the said Deposition as like to be 
 attended with any pernicious consequences. He therefore 
 prays that for the Reasons herein mentioned and those in his 
 Petition on the 5th inst., this Hon’ble Board will in justice to 
 his character order the same together with the Depositions he 
 has adduced to be lodged on the files of this Court and take 
 such further order for preventing any prejudice to his character 
 on this occasion as in Equity shall seem meet. And your Peti- 
 tioner shall as in Duty bound ever pray, 
 
 ANDREW OLIVER. 
 
 Oct. 16. Read in Council. 
 
 A True Copy from the Original Petition, 
 
 Attest , ' 
 
 JNO. COTTON, D. Secr’y. 
 
166 
 
 MASSACHUSETTS PAPERS. 
 
 AFFIDAVIT OF BENJAMIN CALDWELL, OCTOBER, 1770. 
 
 Benjamin Caldwell of Lawful age Deposetli — That on tlie 
 6 tli March last in the afternoon about 4 o’clock he went to the 
 Council by desire of Col. Dalrymple, and in the Debates there 
 heard Mr. T} r ler say to the following effect — That the People 
 in the Town were so exasperated against the King’s Troops 
 that nothing but a total and immediate removal of them would 
 be satisfactory — That there was then in town meeting upwards 
 of 3000 People — -that there would be before next evening ten 
 thous’d more from the Country. — That the Troops could by no 
 means remain in Town with any degree of safety, and if they 
 were not immediately removed the People would take to their 
 arms and destroy them— Should it be deemed Rebellion or 
 occasion the loss of the Charter — That a plan was fixed to 
 have them and the Commissioners removed, and that the Plan 
 was not formed by such People as formerly destroyed the 
 Lieutenant Governor’s House, but by Persons of the first Con- 
 sequence and Estates in the Country and men of Religion. 
 The several other Gentlemen of the Council adopted what Mr. 
 Tyler had said and excused themselves from enlarging, 
 and further saith not 
 
 BEK CALDWELL. 
 
 Ques. What do you mean when you say “ that several Gen- 
 tlemen of the Council adopted what Mr. Tyler had said ? ” 
 
 Ans. I mean that they appeared to agree with him by not 
 contradicting anything he had said. 
 
 Middlesex, SS, Cambridge, Oct. 1770. Benjamin Caldwell, 
 Esq., made oath to the Truth of the foregoing Deposition by 
 him subscribed in perpetuam rei memoriam; and being inter- 
 rogated on Oath to the Question subsequent to said Deposition 
 
MASSACHUSETTS PAPERS. 
 
 167 
 
 made the answer subjoined. Andrew Oliver, Esq., (at whose 
 request said Deposition was taken) and Samuel Danforth, John 
 Erving, Thomas Hubbard, Harrison Gray, James Bussell, 
 Boyal Tyler, James Pitts, and Samuel Dexter, Esq’rs, being 
 notified were present at the Caption. 
 
 Before us, 
 
 JOSEPH LEE, 
 
 WM. KNEELAND, 
 
 Just. Pads Quorum unv.s. 
 
 A true Copy. 
 
 WM. KNEELAND. 
 
 PROCEEDINGS OP THE HOUSE OF REPRESENTATIVES OF 
 MASSACHUSETTS. 
 
 In the House of Representatives, Oct. 17, 1770. 
 
 The present critical situation of the public affairs now de- 
 pending in Great Britain, wherein this province in general and 
 this House in particular are concerned, requiring that some 
 gentleman of ability and Integrity should be employed as 
 Agent for this House to transact such matters as may be com- 
 mitted to his care. Therefore Voted That the House will pro- 
 ceed to the Choice of an Agent on Wednesday next at 3 
 o’clock P. M. 
 
 THOMAS CUSHING, Speaker. 
 
 In the House of Representatives, Oct. 24, 1770. 
 Wednesday, 3 o’clock P. M. 
 
 The House according to order proceeded to the choice of an 
 Agent: and upon sorting and counting the Votes it appeared 
 that Dr. Benjamin Franklin was chose by a majority. It was 
 then moved and thereupon, Besolved that Dr. Benjamin Frank- 
 
168 
 
 MASSACHUSETTS PAPERS. 
 
 lin be and hereby is appointed and authorized on behalf of this 
 House, to appear before His Majesty in Council, in the several 
 Houses of Parliament, and at any other Board whatsoever in 
 Great Britain, there to plead and defend as the exigency of the 
 case and the service of the Province may require, for the space 
 of one year, agreeable to such Directions or Instructions as 
 from time to time he may receive from the House (or some 
 such Committee as may be by them authorized and appointed 
 for that Purpose) entirely relying on his Vigilance and the 
 exertion of his utmost Endeavours to support the Constitutional 
 Eights of this House and of the Province, and to guard against 
 and (as far as in him lies) to obviate whatever may have a ten- 
 dency to prejudice the same. 
 
 THOMAS CUSHING, Speaker. 
 
 LETTER FROM THOMAS CUSHING, SPEAKER, TO BENJAMIN FRANKLIN. 
 
 PsOVINCE OF THE MASSACHUSETTS BAY, Oct. 31, 1770. 
 
 Sir: 
 
 In Pursuance of the directions of the House of Representa- 
 tives of His Majesty’s Province, I have the pleasure to inform 
 you that they have made choice of you as their Agent in Great 
 Britain for the purpose mentioned in the vote which I now 
 transmit to you. I am directed also to acquaint you that the 
 House will write you more fully by the next conveyance and 
 will then furnish you with such Instructions or directions as 
 may be necessary, entirely confiding in your Ability, Fidelity 
 and Zeal in Execution of the Trust committed to you. 
 
 I am with great esteem, 
 
 Your most humble Serv’t, 
 
 THOMAS CUSHING, Speaker. 
 
 Benjamin Franklin, Esq. 
 
MASSACHUSETTS PAPERS. 
 
 169 
 
 LETTER FROM THOMAS CUSHING, SPEAKER, TO BENJAMIN FRANKLIN. 
 
 Province of the Massachusetts Bay, November 6, 1770. 
 
 Sir: 
 
 The House of Eepresentatives of this His Majesty’s Province, 
 having made choice of you to appear for them at the Court of 
 Great Britain, as there maybe occasion; it is necessary that 
 you be well informed of the state and circumstances of the 
 Province, and the Grievances it labors under, the Redress of 
 which will require your utmost attention and application. 
 
 You are sensible that the British Parliament has of late 
 years thought proper to raise a Revenue in America without 
 our consent, by Divers Laws made expressly for that purpose; 
 and to dispose of the moneys, for the Administration of Justice 
 and the Defence of the Colonies: The Reasons and Grounds of 
 our Complaint against these Acts, are so well known and 
 understood by you, that it is needless for us to mention them 
 at this time. 
 
 The measures which have been taken by the American 
 Assemblies, to obtain the Repeal of these Acts, though alto- 
 gether consistent with the Constitution, and clearly within the 
 bounds of the Subjects’ Rights have been nevertheless disgust- 
 ful to Administration at home, to whom we have been con- 
 stantly represented by servants of the Crown, and others on 
 this side the Water, in the most disagreeable and odious light. 
 
 Whether this Province has been considered as having a lead 
 among the other Colonies which they have never affected : or 
 whether it is because Governor Bernard, the Commissioners of 
 the Customs and others who have discovered themselves pecu- 
 liarly inimical to the Colonies have had their residence here, 
 certain it is that the Resentment of Government at Home has 
 been particularly pointed against this Province. For it is 
 notorious that we have been charged with taking inflammatory 
 
170 
 
 MASSACHUSETTS PAPERS. 
 
 measures tending to create unwarrantable combinations, to 
 excite an unjustifiable opposition to tbe Constitutional Autho- 
 rity of Parliament and revive unhappy Divisions among the 
 Colonies, and we have frequently been censured as disobedient 
 to Government for parts of conduct taken by us, in no wise 
 dissimilar to those which have been taken by other Colonies, 
 without the least censure or observation. 
 
 While Administration appeared to have conceived undue 
 Prejudice against us, our enemies here have not failed to take 
 every measure to increase those prejudices and particularly by 
 representing to the King’s Ministers that a spirit of Faction 
 had so greatly and universally prevailed among us, as that 
 Government could not be supported and it was unsafe for the 
 officers of the Crown to live in the Province and execute their 
 Trust, without the protection of a Military Force. Such a 
 force they at length obtained: the consequence of which was a 
 scene of Confusion and Distress for the space of Seventeen 
 Months, which ended in the Blood and Slaughter of his Ma- 
 jesty’s good subjects. 
 
 It was peculiarly mortifying to us, to see the whole system 
 of civil Authority in the Province yielding to this most danger- 
 ous Power, and at the same time, when the Interposition of the 
 civil Magistrate was of the most pressing necessity, to check 
 the wanton and bloody career of the Military, the Lieutenant 
 Governor himself declared, as Governor Bernard had before, 
 that “He had no Authority over the King’s Troops in the 
 Province” and his Majesty’s representative in Council became 
 an humble supplicant for their removal out of the Town of 
 Boston. What would be the feeling of the subjects in Great 
 Britain if contrary to their Bill of Rights, and indeed to every 
 Principle of civil Government, soldiers were posted even in 
 their Capital without the consent of their Parliament and yet the 
 subjects of the same Prince in America, who are entitled to the 
 same Freedom, are compelled to submit to as great a Military 
 Power as Administration shall be pleased to order, to be posted 
 
MASSACHUSETTS PAPERS. 
 
 171 
 
 among them in a time of profound Peace without the consent 
 of their Assemblies, and his Military Power is allowed to 
 trample upon the Law of the land, the common security, with- 
 out Restraint ; such an instance of absolute, uncontrolled mili- 
 tary Tyranny must needs be alarming to those, who have before 
 in some measure enjoyed and are still entitled to the blessings 
 of a free civil Government, having never forfeited the character 
 of loyal Subjects. 
 
 After the fatal Tragedy of the 5th of March last, the Regi- 
 ments under the command of Lt. Colonel Dalrymple were 
 removed from the Town of Boston, to the Barracks on Castle 
 Island, in consequence of a Petition of the Town to the Lt. 
 Governor and his Prayer to the Colonel, since which in Pursu- 
 ance of Instruction to the Lt. Governor, the Garrison then in 
 the Bay of the Province has been withdrawn, and a Garrison 
 of his Majesty’s Regular Troops placed in their stead and by 
 the inclosed Affidavits* it appears that merely in obedience to 
 Instructions the Lieutenant Governor has made an absolute 
 surrender of the Fortress to Colonel Dalrymple; and although 
 the surrender was made by him ostensibly as Lieutenant 
 Governor, yet even the show that was made of the Authority 
 of the Governor served only to make the surrender the more 
 solemn and effectual; the Governor by Charter has the Right of 
 committing the Custody and Government of the Fortress to 
 such person or Persons as to him shall seem meet. But he has 
 given up this Right to Colonel Dalrymple by vesting him with 
 the Power of garrisoning the Fortress with such Person or 
 Persons as to him shall seem meet, and so far forth he has in 
 an instance of the greatest importance divested himself of the 
 Government of this Province. 
 
 We cannot help observing upon this occasion that the In- 
 structions which have of late been given to the Governor, 
 some of them at least have directly militated, as in the present 
 
 * Capt. Phillips and. Mr. Hall. 
 
172 
 
 MASSACHUSETTS PAPERS. 
 
 instance, with the Charter of the Province ; and these Instruc- 
 tions are not always adapted to promote his Majesty’s Service, 
 or the good of the People, within this Province, but often 
 appear to be solely calculated to further and execute the 
 measures and enforce the Laws of a different state, by which 
 means his Majesty’s Colonies may be entirely subjected to the 
 absolute will of his other subjects in Great Britain, for which 
 there can be no pretence of Right but what is founded in mere 
 Force. 
 
 By virtue of such positive Instructions, the General Assembly 
 of the Province has been removed from its ancient established 
 and only convenient seat in Boston, and is still obliged to hold 
 its session at Harvard College in Cambridge, to the great in- 
 convenience of the Members and Injury of the People, as well 
 as Detriment of that Seminary of Learning without any Reason 
 that can be assigned but will and Pleasure, and thus the Pre- 
 rogative of the King, which is a Trust reposed in him, to be 
 improved only for the welfare of his Subjects is perverted to 
 their manifest Injury. 
 
 And what is still more grievous is that the Governor of the 
 Province, is absolutely inhibited, as we are told, from laying- 
 before the Assembly any Instructions which he receives even 
 such as carry in them the evident marks of his Majesty’s dis- 
 pleasure, by which means the House of Representatives cannot 
 have it in their power to obtain here that precise knowledge of 
 the Grounds of our Sovereign’s displeasure, which they are in 
 reason and Justice entitled to, nor can the ministry be made 
 responsible for any measure they may advise to in order to 
 introduce and establish an illegal and arbitrary Government 
 over his Majesty’s Subjects in the Colonies-. 
 
 We have an instance of this Kind now before us, The Lieu- 
 tenant Governor of the Province having in his speech at the 
 opening of this session given a dark hint of something intended 
 against the Province, and when the House of Representatives 
 earnestly desired him to explain it that they might have a clear 
 
MASSACHUSETTS PAPERS. 
 
 173 
 
 understanding of what was intended therein, he declared, as he 
 had before done in other like cases, that he was not at liberty 
 to make public or to communicate to them by speech or 
 message an order of his Majesty in Council which he had 
 received, although in consequence thereof the state of the 
 Province was to be laid before Parliament, and yet extra- 
 ordinary as it may appear, he at the same time by a message 
 declared, that although he was not at Liberty to lay the order 
 before the House, he was very ready to give all the information 
 in his power to any Committee they might think proper to 
 appoint of the facts and grounds upon which it was founded so 
 far as should be consistent with his Instructions. 
 
 By such conduct in the ministry it appears, that we again 
 may be accused and censured by Parliament, as we have hereto- 
 fore been, and perhaps suffer the greatest injury without 
 knowing our accusers, or the matters that may be alledged 
 against us. 
 
 At the same time, by an order of Parliament that the names 
 of Persons giving Intelligence to ministry, which may at any 
 time be laid before Parliament, shall be made secret even to 
 the members themselves, the greatest encouragement is given 
 to Persons inimical to the Province, to send home false rela- 
 tions of Speeches and Proceedings, in public Assemblies and 
 elsewhere containing injurious charges upon Individuals as 
 well as public Bodies, some of which have been transmitted 
 home under the seal of the Province, without the least notice 
 given to these bodies, or to any but the few in the secret to 
 attend and cross-examine such witnesses. And thus even the 
 Parliament itself may be mislead into measures, highly injuri- 
 ous and destructive to the Province, by the Calumny and De- 
 traction of those who are not and cannot be known, and whose 
 Falsehoods therefore cannot be detected. So wretched is the 
 state of this Province, not only to be subject to absolute In- 
 structions given to the Governor to be the will of his Adminis- 
 tration, whereby some of the most essential clauses of our 
 
174 
 
 MASSACHUSETTS PAPERS. 
 
 charter vesting in him Powers to he exercised for the good of 
 the People are totally rescinded, which is in reality a state of 
 Despotism, but also to a standing Army which being uncon- 
 trolled by any Authority in the Province must soon tear up 
 the very foundation of civil Government. 
 
 Moreover we have the highest reason for Complaint that since 
 the late Parliamentary Regulations of the Colonies, the Jurisdic- 
 tion of the Court of Admiralty has been extended to so enor- 
 mous a length, as itself to threaten the very being of the Consti- 
 tution. By the Statute of 4 Geo. 8: Chap 15; All Forfeitures 
 and Penalties inflicted by this or any other Act relating to the 
 Trade and Revenue of the British Colonies and Plantations in 
 America which shall be incurred there may be prosecuted, 
 sued for and recovered in any Courts of Admiralty in the said 
 Colonies. Thus a single Judge, Independant of the People, 
 and in a civil Law Court, is to try these extraordinary Forfeit- 
 ures and Penalties without a Jury ; Whereas the same Statute 
 provides that all Penalties and Forfeitures which shall be in- 
 curred in Great Britain, shall be prosecuted, sued for and 
 recovered in any of his Majesty’s Courts of Record in West- 
 minster or in the Court of Exchequer in Scotland respectively. 
 Here is the most unreasonable and unjust distinction made 
 between the Subjects in Britain and America, as though it 
 were designed to exclude us from the least share in that clause 
 of Magna Charta, which has for many Centuries been the 
 noblest Bulwark of the English Liberties, and which cannot be 
 too often repeated. “No Freeman shall be taken, or impri- 
 soned or deprived of his Freehold or Liberties, or free Customs, 
 or be outlawed, or exiled, or any otherwise destroyed, nor will 
 we pass upon him, nor condemn him but by the judgment of 
 his Peers or the Law of the Land.” 
 
 These are some of the Insupportable Grievances which this 
 Province has long been labouring under, and which still 
 remain altogether unredressed: For although they have been 
 set forth in the clearest manner by humble Petitions to the 
 
MASSACHUSETTS PAPERS. 
 
 175 
 
 Throne, yet such an ascendency over us have the officers of 
 the Crown here in the minds of Administration that our Com- 
 plaints are scarcely heard, our very Petitions are deemed fac- 
 tions and instead of obtaining any relief onr oppressions have 
 been more aggravated and we have reason to apprehend will 
 still be increased. 
 
 For by the best Intelligence from England we are under 
 strong apprehensions that by virtue of an Act of Parliament of 
 7 Geo. 3, which empowers his Majesty to appropriate a part of 
 the Eevennes raised in America for the support of Government 
 and the Administration of Justice in such Colonies where he 
 shall judge it necessary, Administration is determined to be- 
 stow large Salaries upon the Attorney General, Judges, and 
 Governor of this Province: Whereby they will be made not 
 only altogether independent upon the People, but wholly de- 
 pendent upon the Ministry for their support. These appoint- 
 ments will be justly obnoxious to the other Colonies and tend 
 to beget and keep up a perpetual Discontent among them. For 
 they will deem it unjust as well as unnecessary to be obliged to 
 bear a part of the Support of Government in this Province, 
 when it is now as it always has been amply and honorably 
 supported by the People here. And the making those Officers 
 thus independent will be to introduce into this Province an 
 arbitrary Administration in the State and even in the Courts 
 of Law, especially if Designs are also meditating to make other 
 very important Alterations in our Charter by appointing the 
 Council from Home, whereby the Executive will be rendered 
 Absolute and the Legislature totally ineffectual to any valuable 
 purpose. The Assembly is in all Reason sufficiently dependent 
 already upon the Crown : One Branch Annually for its Being 
 as it is subject to the negative of the Governor, and both 
 Branches for every Grant and appropriation of their Money 
 and also for their whole defence and security, as he is Captain 
 General and has by Charter the sole Military Command, within 
 the Province. All civil Officers are either nominated and ap- 
 
176 
 
 MASSACHUSETTS PAPERS. 
 
 pointed by him with tbe advice and consent of bis Majesty’s 
 Council, or if elected they are subject to bis negative, and our 
 Laws after being consented to by bis Majesty’s Governor are 
 by tbe first opportunity from tbe making thereof to be trans- 
 mitted to bis Majesty for his Approbation or Disallowance. 
 Three years they are subject to tbe Revision of the Crown Law- 
 yers in Britain, who may always be Strangers to our Internal 
 Polity, and sometimes disaffected to us, and at any time within 
 tbe Three years bis Majesty in bis Privy Council may if be 
 thinks proper reject them, and then they become utterly void. 
 Surely tbe Parliament cannot even wish for greater checks, 
 both upon tbe Legislative and Executive of a Colony, unless 
 we are to be considered as Bastards and not Sons. A step 
 further will reduce us to an absolute subjection. If Adminis- 
 tration is resolved to continue such measures of severity, tbe 
 Colonies will in time consider tbe Mother State as utterly 
 regardless of their W elfare. Repeated Acts of unkindness on 
 one side, may by degrees abate tbe warmth of affection on tbe 
 other, and a total alienation may succeed to that happy Union, 
 Harmony and Confidence which bad before always subsisted, 
 and we sincerely wish may always subsist. If Great Britain 
 instead of treating us as their Fellow Subjects shall aim at 
 making us their vassals and slaves, the consequences will be 
 that altho’ our Merchants have receded from their non-importa- 
 tion agreement, yet the Body of the People will vigorously 
 endeavor to become independent on the Mother Country for 
 their supplies, and sooner than she may be aware of it, may 
 manufacture for themselves. The Colonies like healthy young 
 sons have hitherto been cheerfully building up the Parent 
 state, and how far Great Britain will be affected, if they should 
 be rendered even barely useless to her is an object which we 
 conceive is at this very Juncture worth the Attention of a 
 British Parliament. 
 
 Enclosed are the proceedings of his Majesty’s Council of this 
 Province upon an Affidavit of Mr. Secretary Oliver, which this 
 
MASSACHUSETTS PAPERS. 
 
 177 
 
 House apprehend lias a Tendency to make a very undue im- 
 pression on the minds of his Majesty’s Ministers and others 
 respecting the Temper and Disposition of the People, previous 
 to the tragical Transaction of the Town of Boston on the 5th 
 of March last. You are therefore desired so to improve them 
 as to prevent such unhappy consequences from taking effect. 
 
 Your own acquaintance with this Province, and your well 
 known warm attachment to it, will lead you to exert all your 
 Powers in its defence ; and as the Council have made choice of 
 Mr. Bollan for their Agent, you will no doubt confer with him, 
 and concert such measures as will promote our common Inte- 
 rest. Your Abilities we greatly confide in, but if you shall 
 think it for the Advantage of the Province to consult with and 
 employ Council learned in the Law, the Importance of your 
 Agency will be a motive sufficient for us to acquiesce in such 
 expence, on that account, as your own judgment shall dictate 
 to you to be necessary. 
 
 In the name and by order of the House, 
 
 I am, with Respect, 
 
 Your most humble Serv’t, 
 
 THOMAS CUSHING, Speaker. 
 
 To Benjamin Franklin, Esq. 
 
 P. S. The House have made choice of Dr. Lee as their Agent 
 in case of your Death or absence from Great Britain. 
 
 PROCEEDINGS OF THE MASSACHUSETTS HOUSE OF REPRESENTATIVES. 
 
 In the House of Representatives, February 1774. 
 Whereas it appears to this House, by a writing under the 
 Hand of the Hon’ble Peter Oliver, Esq., the Chief Justice of 
 the Superior Court of Judicature, Court of Assize and General 
 23 
 
178 
 
 MASSACHUSETTS PAPERS. 
 
 Gaol Delivery, over this Province, a Court wholly erected and 
 constituted by the Great and General Court of Assembly of 
 the Same Province by a Power granted to the said General 
 Court by the Eoyal Charter, that the said Peter Oliver, Esq., 
 declining any more to take and receive the Grants of the 
 General Assembly of this Province, for his Services as Chief 
 Justice of the said Superior Court, hath, contrary to the usage 
 and custom of the Justices of the said Court, ever since the 
 erecting and constituting of the same invariably used and 
 approved ; and contrary to the plain sense and meaning of the 
 said Eoyal Charter; and against the known Constitution of this 
 Province, accepted received and taken a Salary and Eeward 
 granted him by his Majesty, for his services as Chief Justice of 
 the said Superior Court, from the Fifth day of July 1772 to 
 the Fifth day of January 1774 : And that he hath also plainly 
 given this House to understand by the same writing, under his 
 hand, his Eesolution for the future to accept the salary and 
 Eeward, which he affirms is granted to him by his Majesty, 
 during his residence in the Province, as Chief Justice of the 
 said Superior Court. 
 
 And whereas it appears to this House that the said Peter 
 Oliver, Esq., hath received the said Salary and Eeward, out of 
 the Eevenue unjustly and unconstitutionally levied and ex- 
 torted from the Inhabitants of the American Colonies : 
 
 And whereas the said Peter Oliver, Esq., hath perversely and 
 corruptly done as aforesaid, against the known sense of the 
 Body of the People of this Province, most fully and expressly 
 declared in the several Eesolutions of divers Houses of Eepre- 
 sentatives, and otherwise. 
 
 Therefore Eesolved, That the said Peter Oliver, Esq., hath by 
 his conduct as aforesaid, proved himself an Enemy to the 
 Constitution of this Province, that he has done that which hath 
 an obvious and direct tendency to the perversion of Law and 
 Justice in the said Court, and is become justly obnoxious to the 
 good people of this Province. 
 
MASSACHUSETTS PAPERS. 
 
 179 
 
 Resolved, That the said Peter Oliver, Esq., hath by his Con- 
 duct as aforesaid rendered himself totally disqualified any 
 longer to hold and act in the office of a Justice of the said 
 Court, and ought forthwith to be removed therefrom. 
 
 Resolved, That this House will remonstrate to his Excellency 
 the Governor and Council of this Province, the said Conduct 
 of the said Peter Oliver, Esq., praying that he may not be 
 suffered any more to sit and act in his office of Chief Justice of 
 said court ; and that he may forthwith and without any delay 
 be removed therefrom. 
 
 PETITION OF THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS 
 TO THE GOVERNOR. 
 
 Province of the Massachusetts Bay, [February 12, 1774.] 
 
 To His Excellency the Governor:’ 
 
 The House of Representatives being still deeply impressed 
 with a sense of the Importance and necessity of Removing 
 Peter Oliver, Esq., Chief Justice of the Superior Court, now 
 wait on your Excellency with this repeated Petition, to which 
 we hope your Excellency will not give a Denial, and pray 
 that your Excellency would be pleased to take our Remon- 
 strance and Petition to the Governor and Council of the 12th 
 Instant into your further consideration ; and although your 
 Excellency has signified to this House that you shall not take 
 any steps for the Removal of the Chief Justice from his Place, 
 yet as it is in the Judgment of this House a matter of the most 
 weighty concernment to this Province, We pray that your 
 Excellency would please take the advice of his Majesty’s Coun- 
 cil thereon. We do with the greatest Propriety urge this 
 matter, as we find in the Royal Charter that the principal End 
 of the Institution of the Council is to be advising and assisting 
 to the Governor in ordering and directing the affairs of the 
 
180 
 
 MASSACHUSETTS PAPERS. 
 
 Province, and that they are expressly appointed for that very 
 end, and your Excellency’s determining on this matter by 
 yourself, would be to order and direct one of the most Import- 
 ant affairs of this Province without the advice and assistance of 
 the Council, and contrary to the most evident design of the 
 Charter. 
 
 We do assure your Excellency that the “written paper” 
 which you are pleased in your Message of yesterday to say, 
 “ purported a Remonstrance against Peter Oliver, Esq.,” was in 
 truth, the Remonstrance and Petition of this House, passed 
 after the most mature deliberation, by a very great majority in 
 a very full House. 
 
 Your Excellency will please to consider that this House is 
 well knowing to the general sense of their Constituents in this 
 matter: -and we can assure you, that the continuance of the 
 Chief Justice in his Place, will increase the uneasiness of the 
 People without Doors and endanger the public tranquility. 
 
 We therefore earnestly intreat your Excellency that while 
 we are in this Instance “employing the powers with which we 
 are intrusted in promoting the tranquility and good order of 
 the Government,” we may agreeable to your declaration in your 
 Speech to both Houses find that you are ready to give your 
 consent to a request of the House intended for that and other 
 great and Important Purposes; and that your Excellency will 
 immediately take every step for the Removal of the Chief 
 Justice from the Superior Court. 
 
 In the House of Representatives, February 16th, 1774. 
 
 Ordered That Mr. Hancock, Mr. Phillips, Major Hawley, 
 Captain Greenleaf, and Mr. Allen, be a Committee to carry up 
 the following Message to the Honorable Board, viz: 
 
 May it please the Honorable Board, 
 
 The House of Representatives beg leave to acquaint the 
 Honorable Board that Peter Oliver, Esq., Chief Justice of the 
 
MASSACHUSETTS PAPERS. 
 
 181 
 
 Superior Court of Judicature over the Province, declining any 
 more to accept and receive the Grants of this Assembly for his 
 services as Justice of the said Court, hath contrary to the 
 "known Constitution of the Province, and the invariable usage 
 and Custom of said Court, accepted and received a Salary and 
 Reward granted to him by his Majesty for his said service from 
 the 5th of July 1772 to the 5th of January 1774 : which Salary 
 and Reward he hath taken and received, as has been fully made 
 to appear to this House, out of the Revenue unjustly and un- 
 constitutionally levied and extorted from the Inhabitants of 
 the American Colonies. And the said Peter Oliver, Esq., hath 
 also given this House clearly to understand b.y a writing under 
 his hand, a true copy of which, together with Certain Resolu- 
 tions of this House thereupon will be laid on the Council Table, 
 that he is determined for the future to accept the Salary and 
 Reward, which he affirms is granted to him by his Majesty 
 during his Residence in the Province as Chief Justice of the 
 said Superior Court. 
 
 The House would further acquaint the Honorable Board, 
 that they did on the 12th of this Instant February, pass a 
 Remonstrance and Petition to his Excellency the Governor and 
 Council, setting forth that the said Peter Oliver, Esq., by his 
 conduct as aforesaid acting against the known sense of the Body 
 of the People of this Province, most fully and expressly de- 
 clared in the several Resolutions of divers Houses of Represent- 
 atives and otherwise had detached himself totally from his 
 Connections with them, and lost their confidence and praying 
 that he might not be suffered any longer to sit and act in the 
 office of Chief Justice of the said Superior Court ; but that he 
 might forthwith be removed therefrom ; which Remonstrance 
 and Petition the House did on the same day specially charge 
 the Secretary to deliver to the Governor without delay. 
 
 The Honorable Board will please further to be informed that 
 his Excellency by his Message of yesterday acknowledged that 
 the said Petition and Remonstrance had been laid before him, 
 
182 
 
 MASSACHUSETTS PAPERS. 
 
 and expressly declared to tills House that “ He was obliged in 
 Duty to the King to decline their Request” and also signified to 
 the House that he should not take any step for the Removal of 
 the said Chief Justice on that account. A Copy of said Re- 
 monstrance and Petition with his Excellency’s said Message 
 will also be laid upon the Council Table. 
 
 Now this House having after the most mature Deliberation 
 judged the matter afore mentioned to be of the most weighty 
 Importance to this Province, do think themselves Bound in 
 Duty to their Constituents, thus explicitly to represent them to 
 the Honorable Board, that the Honorable Board may duly 
 advise thereon, and act and determine as in their own Wisdom 
 they shall think proper. 
 
 MESSAGE FROM THE GOVERNOR OF MASSACHUSETTS TO THE HOUSE 
 OF REPRESENTATIVES. 
 
 [Feb. 22, 1774.] 
 
 Gentlemen of the House of Representatives: 
 
 In my answer to your Address which you directed the 
 Secretary to deliver to me, I acquainted you that to comply 
 with your Request would be to counteract the King in a matter 
 upon which his Majesty’s Pleasure had been expressly signified 
 to me, and therefore, I was obliged to decline it. 
 
 In a second address presented by your Speaker, the House 
 attending, you desire me to take your Remonstrance into my 
 further consideration, and also to take the advice of His Majes- 
 ty’s Council thereon, of whose Institution you say it was the 
 principal End to be advising and assisting to the Governor in 
 ordering and directing the affairs of the Province, and you add 
 that my determining on the matter myself would be to order 
 and direct one of the most important affairs of the Province 
 
MASSACHUSETTS PAPERS. 
 
 183 
 
 without the advice and assistance of the Council and contrary 
 to the most evident Design of the Charter. 
 
 Yon have taken particular Parts or Clauses of the Charter 
 abstracted from other Parts or Clauses which relate to them 
 and which are intended to qualify and explain them and in this 
 way you are enabled to represent the Constitution very differ- 
 ent from what it has always been understood to me. 
 
 You have passed over that Clause in the Charter which 
 authorizes the Governor to Assemble and call together the 
 Council from time to time at his discretion, and likewise 
 another Clause reserving a negative voice to the Governor as 
 well in Council as in the General Assembly, and declaring that 
 no Acts of Government whatsoever either of the Council or 
 Assembly shall be valid without his consent. 
 
 I am very sensible that besides those Acts of Government 
 which the Charter authorizes the Governor to do by himself, 
 there are others which are to be done by the advice and con- 
 sent of the Conncil ; and for the Purpose of the last mentioned 
 Act, the Governor is authorized, from time to time, at his dis- 
 cretion, to Assemble the Council, and no other provision is 
 made in the Charter for Assembling or calling them together. 
 It cannot be denied, that the Governor may be requested to 
 Assemble the Council in order to the laying before them mat- 
 ters of such a nature, as that merely agitating them in Council 
 would derogate from the Honor of the King, and suffering a 
 question to be put upon them would render the Governor 
 highly culpable. Surely the Governor has a discretionary 
 Power to refuse to Assemble the Council npon such a request, 
 otherwise the Clause in the Charter must be altogether nuga- 
 tory, and can have no force nor effect, in any case whatsoever. 
 
 There is a fallacy in your reasoning, and yon give a specious 
 appearance to it by avoiding the Distinction between the Go- 
 vernor’s doing an act of Government without the Advice of 
 Council and his declining to Assemble the Council in order to 
 their Advice upon an Act the subject matter whereof according 
 
1S4 
 
 MASSACHUSETTS PAFEKS. 
 
 to liis best Discretion, ought not to be made a Question of, or 
 come into Debate. 
 
 That I may give you a full and, I hope, satisfactory answer 
 to your Address I must repeat to you, what I have had occa- 
 sion to mention to former Houses of Representatives — that I 
 am the Servant of the King — that I have received no Instruc- 
 tions nor any significations of his Majesty’s pleasure which are 
 not perfectly consistent with your Charter and which his 
 Majesty hath not an indisputable Authority to give — that such 
 Instructions or Significations of his Majesty’s Pleasure are, by 
 my Commission, the Rule of my Administration and to depart 
 from them would be a Breach of the Trust which his Majesty 
 has reposed in me. 
 
 I am nevertheless urged by you to bring this Question, in 
 effect, before his Majesty’s Council, whether I shall or shall not 
 conform to his Majesty’s Pleasure expressly signified to me, 
 and take their Advice upon it. Taking the Advice of His 
 Majesty’s Council is an equivocal Expression. If by taking 
 the Advice you intend no more than consulting or advising 
 with them, in order to collect their opinion, this would be 
 trifling with the Council, as well as bringing before them an 
 improper Subject of Debate, because they would give their 
 advice to no purpose seeing I am not at liberty, if they advise 
 to it, to disobey the King’s Commands. If by taking their 
 Advice you intend complying with it, though it should be 
 contrary to my own sense of my Duty to the King, this would 
 be giving up the Power of a Negative granted or reserved to 
 me, by the Charter; for if I do not use the Power to avoid a 
 Breach of a special express Trust reposed in me by the King, 
 I know of no case in which I ought to do it. In either sense 
 of the word I am not at liberty to comply with your Request. 
 
 In a mixed Government a conformity of sentiment in all the 
 Parts of it, upon every measure, is not to be expected. Every 
 Part may notwithstanding claim a right to Freedom of Judg- 
 ment in the exercise af the Powers assigned to it by the Con- 
 
MASSACHUSETTS PAPERS. 
 
 185 
 
 stitution. The House of Representatives, -by long usage, is in 
 possession of the Power of originating all Grants of the Estate 
 of the Province, whether in Lands or money. I have often 
 thought the Grants made by former Houses much short of an 
 Equivalent to the services which they were intended to com- 
 pensate, I have never urged enlarging them contrary to the 
 free judgment of the House. The Power of Assembling the 
 Council in order to their Advice, is by Charter as well as un- 
 interrupted usage, in the Governor. I have a right to equal 
 Freedom of Judgment in the Exercise of this Power. 
 
 If I persist in an erroneous Judgment, upon your humble 
 Representations to his Majesty, and making the error to appear, 
 you may be sure of Redress ; but until I am convinced of my 
 Error I may not voluntarily depart from my own Judgment or 
 Discretion and govern myself by the Discretion of the House 
 of Representatives, for I shall then be justly chargeable with 
 subverting a material Part of the Constitution. 
 
 T. HUTCHINSON. 
 
 Province House, 22d February, 1774. 
 
 MESSAGE FROM THE GOVERNOR OF MASSACHUSETTS TO THE HOUSE 
 OF REPRESENTATIVES. 
 
 [February 26, 1774.] 
 
 Gentlemen of the House of Representatives : 
 
 By your Message of yesterday you informed me that you 
 had resolved to impeach Peter Oliver, Esq., Chief Justice of 
 the Superior Court, &c., before the Governor and Council, of 
 High crimes and misdemeanors, and that you had prepared 
 Articles of Impeachment, and you prayed that I would be in 
 the Chair that you might then have an opportunity of laying 
 them before the Governor and Council. 
 
 24 
 
18(5 
 
 MASSACHUSETTS PAPERS. 
 
 I know of no species of High Crimes and misdemeanors nor 
 any offence against tlie Law committed within this Province, 
 let the Eank or Condition of the Offender be what it may, 
 which is not cognizable by some Judicatory or Judicatories, 
 and I do not know that the Governor and Council have a con- 
 current Jurisdiction with any Judicatory in Criminal Cases, or 
 any Authority to try and determine any species of High 
 Crimes and misdemeanors whatsoever. 
 
 If I should assume a Jurisdiction and with the Council try 
 offenders against the Law without Authority granted by the 
 Charter or by a Law of the Province in pursuance of the 
 Charter I should make myself liable to answer before a Judi- 
 catory which would have cognizance of my offence, and his 
 Majesty’s Subjects would have just cause to complain of being 
 deprived of a Trial by Jury, the general claim of Englishmen 
 except in those cases where the Law may have made special 
 Provisions to the contrary. 
 
 Whilst such Process as you have attempted to commence 
 shall appear to me to be unconstitutional, I cannot show any 
 countenance to it. 
 
 T. HUTCHINSON. 
 
 Milton, 26th Febr’y, 1774. 
 
 LETTER FROM SAMUEL ADAMS AND OTHERS TO BENJAMIN FRANKLIN. 
 
 Boston, March 31, 1774. 
 
 Sir: 
 
 By the inclosed Papers you will observe the proceedings 
 of the two Houses of Assembly in the late session with regard 
 to the Justices of the Superior Court. The conduct of Ad- 
 ministration in advising an annual Grant of the Crown to the 
 Governor and the Judges whereby they are rendered absolutely 
 dependent on the Crown for their being and support, had justly 
 
MASSACHUSETTS PAPERS. 
 
 187 
 
 ^ ry thoroughly alarmed the apprehensions of the people. 
 
 1 early saw that this measure would complete the Tragedy 
 ■ A -ican Freedom, for they could conceive of no state of 
 slavery more perfect, than for a Parliament in which they could 
 have no voice to claim a power of making Laws to bind them in 
 all cases whatever, and to exercise that assumed Power in taking 
 their money from them and appropriating it for the support of 
 Judges who are to execute such laws as that parliament should 
 see fit to make binding upon them, and a Fleet and Army to 
 enforce their subjection to them. ISTo discerning Minister could 
 expect that a people who had not entirely lost the Spirit and 
 Feeling of that Liberty wherewith they had before been made 
 free, would tamely and without a struggle submit to be thus 
 disgraced and enslaved by the most powerful and haughty 
 Nation on Earth. They heard with astonishment that his 
 Majesty, their own sovereign as well as the sovereign of Britain, 
 had been advised by his servants to signify his displeasure at 
 the decent temperate and humble Petitions of their Representa- 
 tives, for the redress of this intolerable Grievance merely 
 because they held up principles founded in nature, and con- 
 firmed to British Subjects by the British Constitution, and to 
 the subjects in this Province by a sacred charter granted to the 
 Inhabitants by his illustrious predecessors for themselves their 
 Heirs and successors forever. They regretted that the In- 
 fluence of ttie good Lord Dartmouth upon whose exertions 
 they had placed a confidence could not prevail to gain the 
 Royal attention to their just Complaints being assured that 
 could his Majesty be truly informed, that the express intention 
 of the Royal Charter was to establish and confirm to his sub- 
 jects in this Province all the liberties of his natural born sub- 
 jects within the Realm, to all Intents, Purposes and Constructions 
 whatsoever, they should soon rejoice in the full redress of their 
 Grievances and that he would revoke his Grants to his Gover- 
 nor and Judges and leave the Assembly to support his Governor 
 in the Province in the way and manner prescribed in the Charter 
 
188 
 
 MASSACHUSETTS PAPERS. 
 
 according to ancient and -uninterrupted usage and confo rmable 
 to the true spirit of the British Constitution. 
 
 The People however forbore to take any extraordmu. . * 
 Measures for the Removal of this dangerous innovation, and 
 trusted to the Prudence and fortitude of their Representatives 
 by whose Influence four of the Judges have been prevailed 
 upon to renounce the Grants of the Crown to declare their 
 Resolution to depend upon the Grants of the Assembly for 
 their future services. The Chief Justice has acted a different 
 part. The House of Representatives have addressed the 
 Governor and Council to remove him from his Office ; they 
 have impeached him of High Crimes and misdemeanors, the 
 Governor has refused, even though requested by the Council, 
 to appoint a time to determine on the matter, and finally the 
 House have Resolved that they have done all in their Power in 
 their capacity to effect his removal and that the Governor’s 
 refusal was presumed to be because he received his support 
 from the Crown. 
 
 As the Papers inclosed contain so fully the Sentiments of the 
 two Houses concerning this important matter, it is needless to 
 make any observations thereon. The Assembly is prorogued 
 and it is expected will soon be Dissolved. Doubtless the 
 People who in general are greatly agitated with the conduct of 
 the Governor, will at least speculate very freely upon a subject 
 so interesting to them. They see with resentment the effect of 
 the Governor’s independency, That he is resolved to save a 
 favorite (with whom he has a connection by the intermarriage 
 of their children) and therein to set a precedent for future 
 Independent Governors to establish any corrupt officers against 
 the remonstrances of the Representative Body. They despair 
 of any Constitutional remedy, while the Governor of the Pro- 
 vince is thus dependant upon Ministers of State against the 
 most flagrant oppressions of a corrupt Officer. They take it 
 for certain that such a Governor will forever screen the conduct 
 of such an officer from examination and prevent his removal, if 
 
MASSACHUSETTS PAPERS. 
 
 189 
 
 he has reason to think it is expected he should so do by those 
 upon whose favor he depends. On the other hand his Majesty’s 
 Ministers, unless they are blinded by the plausible Colourings of 
 designing men may see, that by the present measures the People 
 are provoked and irritated to such a degree, that it is not in 
 the Power of a Governor (whom they look upon as a mere 
 Instrument of Power) though born and educated in the Coun- 
 try, and for a long time possessed of a great share of the con- 
 fidence and affections of the People now to carry a single point 
 which they the ministers can recommend to him. And this 
 will always be the case let who will be Governor while by 
 being made totally dependent on the Crown or perhaps more 
 strictly speaking upon the Ministry, he is thus aliened from the 
 People for whose good he is and ought to be appointed. In 
 such a state what is to be expected but warm and angry Debates 
 between the Governor and the two Houses (while the Assembly 
 is sitting instead of the joint consultation for the public ~W elfare) 
 and violent commotions among the People ? It will be in vain 
 for any to expect that the people of this Country will now be 
 contented with a partial and temporary relief, or that they 
 will be amused by Court promises while they see not the least 
 relaxation of Grievances. By the vigilance and activity of 
 Committees of Correspondence among the several towns in this 
 Province they have been wonderfully enlightened and animated. 
 They are united in sentiment and their opposition to uncon- 
 stitutional Measures of Government is become systematical, 
 Colony communicates freely with Colony. There is a common 
 Affection [a line lost] 
 
 whole continent is now become united in sentiment and in 
 opposition to tyranny. Their old good will and affection for 
 the Parent Country is not however lost, if she returns to her 
 former moderation and good humor their affection will revive. 
 They wish for nothing more than permanent union with her 
 upon the condition of equal liberty. This is all they have 
 been contending for and nothing short of this will or ought to 
 
190 
 
 MASSACHUSETTS PAPERS. 
 
 satisfy them. * When formerly the Kings of England have 
 encroached upon the Liberties of their Subjects, the subjects 
 have thought it their Duty to themselves and their Posterity to 
 contend with them till they were restored to the footing of the 
 Constitution./ The events of such struggles have sometimes 
 proved fatal to Crowned Heads — perhaps they have never 
 issued but Establishments of the People’s Liberties. In those 
 times it was not thought reasonable to sajr, that since the King 
 had claimed such or such a Power the People must yield it to 
 him because it would not be for the Honor of his Majesty to 
 recede from his Claim. If the People of Britain must needs 
 flatter themselves that they collectively are the Sovereign of 
 America, America will never consent that they should govern 
 them arbitrarily, or without known and stipulated Pules. But 
 the matter is not so considered here: Britain and the Colonies are 
 considered as distinct Governments under the l^ing. Britain has 
 a Constitution the envy of all Foreigners, to which it has ever 
 been the safety as well of Kings as of subjects steadfastly to 
 adhere. Each Colony has also a Constitution in its Charter or 
 other Institution of Government; all of which agree in this 
 that the fundamental Laws of the British Constitution shall be 
 the Basis. ' That Constitution by no means admits of Legislation 
 without representation. Why then should the Parliament of 
 Britain which notwithstanding all its Ideas of transcendant 
 Power must forever be circumscribed within the limits of that 
 Constitution, insist upon the right of legislation for the People 
 of America without their having Representation there? I 
 cannot be justified by their own Constitution. The Laws of 
 Nature and Reason abhor it; yet because she has claimed such 
 a Power, her Honor truly is concerned still to assert and exer- 
 cise it, and she may not recede. Will such kind of reasoning 
 bear the test of Examination ! Or rather will it not be an 
 eternal disgrace to any nation which considers her Honor con- 
 cerned to employ Fleets and Armies for the Support of a claim 
 which she cannot in Reason defend, merely because she has once 
 
MASSACHUSETTS PAPERS. 
 
 191 
 
 in anger made such a Claim? It is the misfortune of Britain, 
 and the Colonies that flagitious Men on both sides the W ater 
 have made it their Interest to foment divisions, Jealousies, 
 and animosities between them, which perhaps will never subside 
 until the Extent of Power and Eight on each part is more 
 explicitly stipulated than has ever yet been thought necessary, 
 and although such a stipulation should prove a lasting advantage 
 on each side, yet considering that the views and designs of 
 those men were to do infinite mischief and to establish a 
 Tyranny upon the Euins of a free constitution they deserve 
 the vengeance of the public, and till the memory of them shall 
 be erased by time they will most assuredly meet with the exe- 
 crations of Posterity^ 
 
 Our Lieutenant Governor Oliver is now Dead. This Event 
 affords the Governor a Plea for postponing his voyage to Eng- 
 land till further orders. Had the Government by the absence 
 of both devolved on the Council, his Majesty’s service (which 
 has been frequently pleaded to give a Colouring to measures 
 destructive of the true Interests of his Subjects) would, we are 
 persuaded, have been really promoted. Among other things 
 the Grants of the House which in the late session were repeated 
 for the services of our Agents would have passed. There is a 
 degree of Insult in the Governor’s refusal of his consent to 
 those Grants, for as his refusal is grounded upon the Hopes 
 that our Friends will thereby be discouraged from further 
 serving us, it is as much as to say that there shall be no Agents 
 unless the Assembly will be content with such as he shall pre- 
 scribe for their choice. The House by a Message urged the 
 Governor to enable them to do their Agents Justice but in 
 vain. This and other instances serve to show that the Powers 
 vested in the Governor are exercised to injure and provoke the 
 People. 
 
 We judge it to be the expectation of the House of Kepre- 
 sentatives that you should w r armly solicit the Earl of Dart- 
 mouth for his Interest that as well as other instructions which 
 
192 
 
 MASSACHUSETTS PAPERS. 
 
 are grievous to us, more particularly those which relate to the 
 
 disposition of our public that which restrains the 
 
 Governor from consenting to the Agents may be 
 
 recalled. And his Lordship ought to consider his Interest in 
 this particular not as a personal favor done to you but as a piece 
 of Justice done to the Province; and in the same light we 
 strongly recommend it to your own Consideration especially 
 as we hope for a change in the Government. 
 
 We now write to you by the direction of the House of Re- 
 presentatives to the Committee of Correspondence, and are with 
 very great Regard, 
 
 In the name of the Committee 
 Sir, 
 
 Your most humble Servants, 
 
 SAMUEL ADAMS, 
 JOHN HANCOCK, 
 WM. PHILLIPS, 
 WM. HEATH. 
 
 To Benjamin Franklin, Esq. 
 
 PETITION OF THE MERCHANTS OF LONDON TO THE HOUSE OF 
 
 LORDS. 
 
 To the Right Honourable the 
 
 Lords Spiritual and Temporal, 
 
 In Parliament Assembled : 
 
 The Petition of the Merchants, Traders, and others of the 
 City of London, interested in the American Commerce. 
 
 1775. 
 
 Humbly Sheweth: 
 
 That your Petitioners are deeply concerned to find that there 
 is now depending before this Right Honourable House a Bill 
 “To restrain the Trade and Commerce of the Province of Mas ■ 
 
MASSACHUSETTS PAPERS. 
 
 193 
 
 “ sachuselts Bay ancl New Hampshire, and Colonies of Connecticut 
 “ and Rhode Island, and Providence Plantation in North America, 
 “ to Great Britain, Ireland and the British Island in the West 
 “ Indies, and to prohibit such Provinces and Colonies from 
 “carrying on any Fishery on the Banks’ of Newfoundland, or 
 “ other places therein to be mentioned, under certain restric- 
 “ tions and for a time to be limited.” 
 
 Your Petitioners beg leave to represent that the said Bill 
 should it pass into a Law, will, in its Operation, deprive Thou- 
 sands of His Majesty’s loyal Subjects of their actual Subsist- 
 ence, and reduce them to extreme distress, even that of Famine, 
 the said Provinces not generally raising Corn Sufficient for 
 their own support; and by this Bill they will be prevented 
 from receiving any Supplies from their Sister Colonies, and 
 precluded from their Natural Resources, The Sea. 
 
 That your Petitioners have reason to believe that very great 
 numbers of men bred and employed in the Fisheries, who in 
 Hardiness and Intrepidity are not exceeded by any in this 
 extensive Empire will be impelled by the pressing calls of 
 Hunger and Want, by a just sense of their violated Rights to 
 such a Condr^ct as may be productive of Devastation and 
 Bloodshed, which may endanger the Peace and W elfare of His 
 Majesty’s American Dominions ; or be induced to employ them- 
 selves in fishing for the French, and thereby give our Rivals, 
 the Means of supplying the Markets in Europe, which will ren- 
 der it difficult for us ever to regain that valuable Branch of 
 Commerce. 
 
 Your Petitioners beg Leave further to represent, that there 
 is now due from the said Provinces and Colonies to the City of 
 London only, one million sterling and upwards. That their 
 Remittances are almost entirely made by means of the Fish- 
 eries and consequently the Ruin brought on those Colonies 
 will deeply injure the Commercial interest of Great Britain and 
 ultimately fall upon the landed Property of these Kingdoms. 
 
 That among the other grievances of which our Fellow Sub- 
 25 
 
194 
 
 MASSACHUSETTS PAPERS. 
 
 jects in America so generally complain is, their being deprived 
 of Trial by Jury in particular Cases, and the Extension of the 
 Jurisdiction of the Admiralty Courts; which Grievances, your 
 Petitioners, with much concern, find are not only continued, 
 but extended by the Present Bill. And they think it their 
 Duty to represent it as their firm opinion to this Eight Hon- 
 ourable House that the Disquietudes which universally prevail 
 in the minds of their fellow Subjects in America will be 
 increased and confirmed by this Bill, unjust, as they conceive, 
 because it involves those who are allowed to be innocent in the 
 punishment of those who are * supposed to be guilty, and that 
 these disquietudes will never be removed unless lenient mea- 
 sures are pursued and their grievances redressed. 
 
 Your Petitioners therefore most humbly pray, that the said 
 Bill may not pass into a Law. 
 
 Published by Authority of the Committee. 
 
 THOMAS LANE, C hair man. 
 
 PETITION OF THE MERCHANTS OF LONDON TO THE HOUSE OF 
 COMMONS. 
 
 To the Honourable the Commons of Great Britain, 
 
 In Parliament Assembled: 
 
 The Petition of the Merchants and Traders of the City of 
 London trading to North America. 
 
 Humbly Sheweth: 
 
 That your Petitioners have been accustomed to carry on 
 very considerable branches of Trade to and from his Majesty’s 
 
 * Supposed, is here used, as an attack on the infamous Addresses of the 
 Two Houses to the King, which was founded on partial and mutilated reports 
 of such wretches as Gen. Gage, Gov. Colden, Ld. Dunmore, Martin, and Lt. 
 Jas. Wright, &c. &c. — (Coktempokary Note.) 
 
MASSACHUSETTS PAPERS. 
 
 195 
 
 Colonies in North America, the former consisting greatly in 
 exporting thither the Manufactures of this Country and the 
 latter in Importing from thence raw materials of various kinds 
 necessary to the support of several of our most important 
 Manufactures. 
 
 That the Trade of your Petitioners with North America has 
 occasioned Yearly the importation and remittance to this 
 Country of Bullion and Bills of Exchange of great value from 
 different parts of the world in payment for American Commo- 
 dities as would he super-abundant here, or are by acts of Par- 
 liament forbidden to be imported, which Commodities therefore 
 may justly be considered as having Great weight in the Com- 
 mercial Balance of Europe. 
 
 That this Commerce necessary to afford employment and 
 subsistence to the Manufactures of these Kingdoms, to augment 
 the Public Eevenues, to serve as a nursery for Seamen, and to 
 support and increase our Navigation and Maritime strength, is 
 at present in an alarming State of Suspension. That the In- 
 terruption of this trade, we humbly apprehend is principally 
 owing to certain Duties imposed by an Act of Parliament 
 passed in the Seventh Year of his present Majesty, on Tea, 
 Paper, Glass and Painters 1 Colours, imported into those Colo- 
 nies. 
 
 Your Petitioners therefore presume to lay the distressed 
 situation of this Trade before this House, and for the recovery 
 of so important a Branch of Commerce — they pray such relief 
 as in the wisdom of this Honourable House shall seem meet. 
 

 
 
 
MEMBERS 
 
 OF THE 
 
 SEVENTY-SIX SOCIETY. 
 
 July 1, 1856. 
 
 Isaac Adriance, 
 
 Hew York. 
 
 William Badger, 
 
 Philadelphia. 
 
 Thomas Balcli, 
 
 Philadelphia. 
 
 George Bancroft, 
 
 Hew York. 
 
 E. L. Beadle, M. D., 
 
 Hew York. 
 
 Henry Paul Beck, 
 
 Philadelphia. 
 
 Charles Frederick Beck, M. D. 
 
 Philadelphia. 
 
 Thomas J. Betton, M. D., 
 
 Philadelphia. 
 
 Thomas Biddle, 
 
 Philadelphia. 
 
 Charles J. Bushnell, 
 
 Hew York. 
 
 Joseph Carpenter, 
 
 Philadelphia. 
 
 James H. Castle, 
 
 Philadelphia. 
 
 William Chauncey, 
 
 Hew York. 
 
 Joseph G. Coggswell, M.D., 
 
 Hew York. 
 
 E. B. Corwin, 
 
 Hew York. 
 
 Ferdinand J. Dreer, 
 
 Philadelphia. 
 
 William Duane, 
 
 Philadelphia. 
 
 Samuel A. Eliot, 
 
 Boston. 
 
 Alfred L. Eivryn, M. D., 
 
 Philadelphia. 
 
 Samuel B. Fales, 
 
 Philadelphia. 
 
 Richard S. Field, 
 
 Princeton, H. J. 
 
 Henry Flanders, 
 
 Philadelphia. 
 
198 MEMBERS OF THE SEVENTY -S*[X SOCIETY. 
 
 
 Richard Frothiugham, Jr., 
 
 Boston. 
 
 George J. Gross, 
 
 Philadelphia. 
 
 Constant Guillou, 
 
 Philadelphia. 
 
 Abraham Hart, 
 
 Philadelphia. 
 
 Historical Society of New York, 
 
 New York. 
 
 Harvard College Library, 
 
 Cambridge, Mass. 
 
 Benjamin P. Hunt, 
 
 Philadelphia. 
 
 Charles Ingersoll, 
 
 Philadelphia. 
 
 Horatio G. Jones, 
 
 Philadelphia. 
 
 John Jordan, Jr., 
 
 Philadelphia. 
 
 John C. Keffer, 
 
 Philadelphia. 
 
 Leonard R. Koecker, M. D., 
 
 Philadelphia. 
 
 Joseph Lea, 
 
 Philadelphia. 
 
 Lyon J. Levy, 
 
 Philadelphia. 
 
 E. C. Markley, 
 
 Philadelphia. 
 
 John McAllister, Jr., 
 
 Philadelphia. 
 
 John A. McAllister, 
 
 Philadelphia. 
 
 Wardale G. McAllister, 
 
 Philadelphia. 
 
 Charles Magarge, 
 
 Philadelphia. 
 
 William Menzies, 
 
 New York. 
 
 William M. Meredith, 
 
 Philadelphia. 
 
 M. H. Messchert, 
 
 Philadelphia. 
 
 J. B. Moreau,* 
 
 New York. 
 
 Charles E. Norton, 
 
 Cambridge, Mass. 
 
 George W. Page, 
 
 Philadelphia. 
 
 Joel Parker, 
 
 Cambridge, Mass. 
 
 Joseph R. Paxson, 
 
 Philadelphia. 
 
 Harry Penington, 
 
 Philadelphia. 
 
 Robert E. Peterson, 
 
 Philadelphia. 
 
 Octavius Pickering, 
 
 Boston. 
 
 William H. Prescott, 
 
 Boston. 
 
 William S. Price, 
 
 Philadelphia. 
 
 William B. Reed, 
 
 Philadelphia. 
 
 George W. Riggs, 
 
 Washington City. 
 
 J. Murray Rush, 
 
 Philadelphia. 
 
 * A double subscription. 
 
MEMBERS OF THE SEVENTY-SIX SOCIETY. 199 
 
 Samuel It. Shipley, 
 
 Philadelphia. 
 
 Nathaniel B. Shurtleff, 
 
 Boston. 
 
 Aubrey H. Smith, 
 
 Philadelphia. 
 
 John J. Smith, 
 
 Philadelphia. 
 
 Lloyd P. Smith, 
 
 Philadelphia. 
 
 Jared Sparks, LL. 1)., 
 
 Cambridge, Mass. 
 
 William Schott, 
 
 Philadelphia. 
 
 Thomas B. Stillman, 
 
 New York. 
 
 Joseph Swift, 
 
 Philadelphia. 
 
 William B. Taylor, 
 
 New York. 
 
 Townsend Ward, 
 
 Philadelphia. 
 
 Thompson Westcott, 
 
 Philadelphia. 
 
 Prosper M. Wetmore, 
 
 New York. 
 
 Henry J. Williams, 
 
 Philadelphia. 
 
 Robert C. Winthrop, 
 
 Boston. 
 
* 
 
 - 
 
 
 # 
 
 
 
 - 
 
 
 
 
 

 
 / 
 
 t 
 
 
 
 
Ill 
 
 
 HI 
 
 III 
 
 I 
 
 1 III 
 
 
 DOC 
 
 4C 
 
 CM 
 
 CD 
 
 8 1