itf'^^i^"--:;- mm:: mi):'' Class _. Book._ .'- o /. -^ SPEECHES OF THE GOVERNORS OF MASSACHUSETTS FROM 1765 TO 1775; THE ANSWERS OF THE HOUSE OF REPRESENTATIVES, TO THE SAME j AVITH THEIR RESOLUTIONS AND ADDRESSES FOR THAT PERIOD. AND OTHER PUBLIC PAPERS, HEX, A TINS TO THE DISPUTE BETWEEN THIS COUNTRY AND GREAT BRITAIN, WHICH tED TO THE INDEPENDENCE OF THE UNITED STATES. BOSTON : PRINTED BY RUSSELL AND GARDNER, PROPniETOKS OF THE WORK 1818. XrtSTRICT OF MASSACHUSE'BTS.«.....TO WIT : District Clerk's Office. BE IT ilEME:MBER.KD, that on the seventh day of December, A.I>. eighteen hun- dred and eighteen, and in the forty-third yeof: of the Independence of the United States of America, RUSSELL & GAHdnek, of the said District, have deposited in this Office the title of a Book, tlie right whereof they tlaim as Proprietors, in the words following, to wit..-" Speeches of the Governors of Massachusetts, from 1765 to 1775; and the An- swers of tiie House of Representatives, to the same ; with their Resolutions and Addresses for that period, and other Public Papers, relating to the dispute between this country and Great Britain, which led to the Independence of the United States." In conformity to the Act of the Congress of the United States, entitled " An act for the Encouragement of Learning, by securing the copies of Maps, Charts and Books, to the Authors and Proprietors of such copies, during the time therein mentioned ;" and also to an act^ entitled " An act supplementary to an act, entitled An act for the En- couragement of Learning, by securing the copies of Maps, Charts and Books, to the Au- thors and Proprietors of such copies, during the times therein mentioned ; and extending the benefits thereof to. the arts of Designing, Engraving and Etching Historical, and ■Ther Prints." JOHN W. DAVIS, Clerk of the District of Miissarfiiis/'tt.'s, A^i INTRODUCTORY REMARKS, BY THE EDITOR, THE Independence of the United States of America, with respect to the government of Great Britain, of which, from their first settlement, they had been colonies, thus making a part of that mighty empire, is an event of no ordinary magnitude. The principles, which operated to produce it, are, in a political view, , of the highest moment to civilized society ; and the consequences have been such, as not only to exceed all calculation, and astonish the most sanguine theorist, but to promote, in a wonderful degree, the freedom, the improvement, and the best interests of man. It cannot, then, be a useless labor to collate and preserve the docu- ments, which serve to develope the characters, and to exhibit the views and principles of the individuals, who were instrameutal in effecting that glorious event. The English, who first settled in North America, were men of great hardihood and enterprize. And in addition to these lofty qualities, we may also justly attribute to them, with a very fevr exceptions, an unconquerable love of civil liberty. Perhaps, in a few instances, adventurers to this new world were actuated prin- cipally by a love of gain. It is particularly true, however, of the first English inhabitants of Plymouth, Massachusetts, Rhode Island and Connecticut, that they were not only brave and enterprizing, but strongly attached to the principles of civil and religious free- dom. In truth, this sentiment in them was a passion ; and this passion was often raised to enthusiasm. Perhaps, a love of reli- gious liberty was their predominant trait of character. Yet they were scarcely less tenacious of their political, thaa of their reii' 4 INTRODUCTORY REMARKS. gious rights. Many of them were men of education and reflection. They lived too in times when politictd subjects were much agita- ted ; and early imbibed a spirit of free inquiry on questions relating to the end and design of civil governmeot. It may be well doubted, whether any people, who were advo- cates for religious freedom, ever discovered any indifference to their political condition. It is certain, however, that this incon- sistency cannot be justly charged upon our ancestors, the first inhabitants of New England. To enjoy liberty of conscience in religious worship, was their principal object in settling a wild and savage territory, and submitting to the various privations and suf- ferings necessarily incident to their situation. But it is abund- antly evident from their history, that they early claimed and k exercised the powers of self government — made lai^s (as fir as was necessary to add to the common law) for the regulation, de- fence and support of the colonies, and openly opposed every attempt to control their own authority in civil concerns, which a mista;ken or corrupt ministry in England ever dared to make. They exercised the various prerogatives of sovereignty, by the infliction of capital punishments ; maintaining courts of judica- ture, from which, in most cases, there was no appeal ; corning money ; raising and disbanding troops at their own instance and will ; and laying their taxes, without any addition or interference from the government of Great Britain. Yet they acknowledged allegiance to the Crown of England. They boasted of being sub- jects of the British King ; and readily yielded obedience to his requisitions, though they claimed the merit of consenting, or of a voluntary compliance. The controling and paramount authority of the King or Parliament even, was not indeed denied* on the one hand, nor exercised, except in a few instances, on the other, but with the assent and approbation of the colonists. •Judge Marshall, in the introduction to bis Life of Washington, says, "the authority of Parliament to lay taxes on the colonies was denied by the General Court of Massachu- setts Bay in 1692." An act of the Governor, Council and House of Representatives of this ' colony in October, 1692, "setting forth general i>rivileges, declared and enacted," among other tilings, as follows, (which is the only declaration we have been able to find to that effect) "that no aid, tax, assessment, loan or imposition whatever, shall be laid, as- sessed, imposed or levied, on any of their Majesties subjects, on any color or pretence yt\iM.escr, but by the act and consent of the Governor, Council and Representatives of the peoptt, assembled in General Court ; and that no freeman shall be taken and imprisoned, or de- prived of his freehold or liberty ; nor shall he be judged or condemned, but by the lawful lud^ment of his Peers, or the law of this Province." ■tt' INTRODUCTORY REMARKS. 5 The distinction, however, it must be acknowledged, was never fully settled, between the rights or claims set up by the colonists, and the authority asserted by the King and Parliament of Great Britain. There was no formal decision on the subject, and no opinion seems to have obtained, which was not denied, or assented to with reluctance, either by the advocates of the controling power of the parent country, or by individuals in the colonies. What the people in this country openly and explicitly contended for, was the sole right to lay internal taxes, while at the same time they admitted the authority of the British government to regulate trade and commerce. Whenever the question was agi- tated in England, it was there contended, that they might right- fully impose additional internal taxes, as well as raise a revenue for the Crown by duties on commercial enterprizes. The only inquiry with the ministry seems to have been, as to the policy and expediency of such measures. In the reign of George II. an act of Parliament was passed im- posing a duty on sugars, &c. But the duty was small, and the act was not very rigidly executed ; and was, therefore, submitted to without much complaint or opposition. But when, in the reign of George III. in 1764, the former act of George II. was con- tinued and enforced, the duty increased, and an impost also laid on the article of molasses brought to the colonies from any other than British plantations in the West Indies, and the jurisdiction of vice admiralty courts was enlarged, by which the people were deprived of trial by juries in all cases relating to revenue arising from these duties, and made liable to unreasonable and oppres- sive suits—the question was presented, with new and peculiar interest, of the constitutional right of Parliament to lay any taxes or raise any revenue, in the colonies, except in so far as the same should be consented to and voted for by the representatives of the people. It was abundantly evident to the apprehension of reflecting ijaen here, that the British ministry of that period, were deter- mined to raise a revenue from America, to enable them to meet the demands on that government, then greatly in debt, and the officers of which were supported at an enormous expense. The patriots in this country were resolved to resist this system at the 6 INTRODUCTORY REMARKS. very outset. Their first objections, however, went rather fo the policy and equity of the measure, than to the right of Parliament to raise and collect a revenue from the colonies, as will be seen by some of the papers in the first part of this volume. They early contended, indeed, that their charter guaranteed to them the right to govern and tax themselves ; and that they and their fathers had suffered much in settling and defending the country, and had incurred a heavy debt for their own protection and that of the other British settlements against the common enemy, which would be a great burden for them for many years of peace and commercial prosperity, which they had little reason to expect, so long as the duties, recently imposed, should be continued. This opinion was advanced and urged from considerations sug- gested by some expressions in their charter, which seemed to admit of the construction, that the colonists were to enjoy the entire regulation of their own concerns ; for they believed the charter, not so much a grant of privileges, revocable at the plea- sure of Parliament, as a contract between the British government and the people who first settled this country, and submitted to various hardships and sufferings for the very purpose of having the right to legislate for themselves. They also pleaded, that they were originally and really Englishmen. They neither claimed nor wished, (at that period,) to be independent of the parent country, but acknowledged themselves as making a part of the British empire ; and therefore contended for a participa- tion of all the rights and privileges of British subjects ; one of which, and that fundamental and unalienable, according to the constitution and charter of that free country, was, to be subject to taxation only by consent of their own representatives. It was not, however, till after much oppression, and some hesitancy on the part of the ministry, and the high claims they advanced for royal prerogative and parliamentary authority ; not until the administration pretended to a right to legislate for and bind the colonies in all cases whatever ; and did, in fact, impose heavy and new duties on all commercial enterprizes ; that the colonist* proceeded to deny the constitutional right of Parliament to tax them, and asserted, to the fullest extent, the principle, that all attempts to raise taxes here by the British government, without # INTRODUCTORY REMARKS. 7 ihc consent of our own legislature, Avas arbitrary and tyrannical, and ought to be opposed by the real friends of liberty. As early as 1765, resolutions were passed by the representa- tives of Massachusetts, and opinions were advanced in their replies to the speeches of the governors, who were then appointed by the Crown, claiming the exclusive right of laying taxes on the people in this colony ; and denying the constitutional authority of Parliament to impose them. The year preceding, indeed, they had fully expressed their doubts of the authority of Parliament in this case, and the conclusion was very evident, from the claims set up, and the arguments then advanced, that they did not al- low such a right in the government of the parent country. The ministry in England needed additional revenues to pay ofF the debt of the nation ; and being satisfied also of their right to raise it from the colonies, (though some individuals of great respecta- bility in England doubted the right,* and many, the policy, of the measure) they persevered in their plan of laying and collecting imposts ; and thus the administration in England, and the repre- sentatives of the people here, were completely and fully at issue. The papers published in this volume will shew the progress of the controversy, and furnish particularly the arguments and opinions advanced by the representatives here in support of the rights claimed for the colonies. There appears not to have been any special causes in opera- tion at this period, to produce the dispute between the colonies and the parent country- That such a dispute should, at some period, exist, was perhaps to be expected from the peculiar situ- ation, the nature of the original charter, the growing population and prosperity, the spirit and character, of the colonists. But at the time of which we speak, and just previous to the controversy, • At the time the stamp act passed, and others, providing; for raising a revenue on the colonics, several members of the House of Commons opposed the measures, on the ground of theirbeing inconsistent with the rights granted us by charter. And in 1689, when the Rev. Dr. Mather applied to King William, for a renewal of the charter of this Province, which had been a few years before vacated, under the arbitrary reign of the Stuaits, Dr. Burnet, then Biihop of Salisbury, is stated to have said, " that there.was a greater sacredness in the charter of New England, than in the corporations in England ; because these were only acts of grace, whereas the charter of New England was a contract between the King and the first patentees. They promised the King to enlarge his dominions at their own charges, provided they and their posterity might enjoy such and such privileges. They had per- formed their part ; and for the King to deprive their posterity of the privileges therein granted tbem, would carry a face of injustice in it." C f- 8 INTRODUCTORY REMARKS. the attachment of the people here to the government and people of England was never more sincere and ardent. They had lately been united in a war for defence against those considered the nat- ural enemies of the English. The promptness and bravery of the provincial troops, and the liberality of the colonial legislatures, in raising an army to act with British regulars, were highly com- mended by the English at home. They knew that the services and expenses of the colonists were of great extent, and served to promote the interests and honor of Great Britain herself. Our people also had been much conversant with the British, and could not but admire many traits of their character. Nor do we be- lieve, that the opposition to the authority claimed by the British ministry, and the dispute agitated at this period, is to be attri- buted in any degree to a spirit of ambition or rivalship in those who were considered the leaders on the part of the colonies. It will not be pretended that the patriots of that day were not men of like passions with others of our race. And it is possible, that in a few cases, an envious or restless disposition had some influ- r^. ence. But we feel confident, that the remark is very generally true, when we attribute to the leading men in opposition to the measures af the British administration, sincerity, patriotism, and the most upright and disinterested intentions. It surely was not their object to strip others of power, that they might themselves tyrannize over their fellows. It was not their wish to obtain lu- crative offices, then in the hands of others, that they might revel in opulence and luxury. Nor can it justly be said of them, that they were either visionary theorists, contending for a form of gov- ernment which was impracticable ;~or that they were advocates for a democratic and levelling system which would exclude all authority from legislators and rulers, and place men in a situation which they hold by nature. But they did contend for the rights given them by their charter, and to which they were constitu- tionally entitled as subjects of the free government of Great Britain ; and therefore bound by no laws, to which their repre- sentatives had not, in their name, assented. These rights they . strenuously asserted ; for these they firmly and perseveringly contended. INTRODUCTORY REMARKS. 9 We mean not to claim for Massachusetts all the merit of oppo- sition to the arbitrary measures of Great Britain, nor all the influence which was exerted to effect the revolution. Other col- onies were forward and decisive in disapproving of the power claimed by the British ministry, of that period, over the people in these provinces ; and readily united with Massachusetts in mea- sures of re^Jress. Virginia, so early as 1765, passed resolutions, declaring their sense of charter rights and privileges, with which the authority then claimed by Parliament to impose taxes, on the colonies, was totally incompatible. \ Before this, and some time in 1764, the Assemblies of New York and Pennsylvania, had presented memorials to the King and Parliament, stating objections to the acts of the British gov- ernment for raising revenues in the colonies, and asserting their sole right to impose taxes on their constituents. These last, though prior, in point of time, to the Virginia resolutions, were not so direct and explicit in the denial of the right claimed by the British ministry to tax the colonists ; but, like the memorial of Massachusetts, in November, 1764, contained a remonstrance against such a measure; and stated, that, by their charter, and ac- cording to ancient usage, no taxes ought to be laid, or duties col- lected in the colonies without the consent of the Representatives of the people here. We believe, however, that the history of those times will abundantly shew, that the House of Representa- tives in Massachusetts was the most firm, systematic and perse- vering in its elTorts for the repeal of these oppressive acts, in exciting a just sense of our rights and ow dangers, and in rousing the spirit of the people generally to make a solemn, decisive stand, which Involved the alternative of liberty or death. In January, 1764, the Council and House of Representatives of Massachusetts wrote to their agent in England, respecting the sugar act, before mentioned, as follows: "There are certain acts of Parliament, which contain clauses extremely detrimental to the trade and fishery of this province, the ill influence of which is not confined thereto, but extends to Great Britain itself, par- ticularly an act made in the 6th year of his late Majesty, entitled an act for the better securing and encouraging the trade of his Majesty's sugar colonies in America ; whereby, among other 2 10 INTRODUCTORY REMARKS. things, is imposed a duty of six pence per gallon on all molasses or syrups, and five shillings per hundred weight on all sugars of foreign produce imported into any of the plantations of America. This act was originally obtained, and has been continued by the great influence of the sugar colonies, in Parliament, without any prospect of revenue or rational advantage resulting from it. The case, however, is now altered. The ministry have adopted this act, and seem disposed to raise a revenue from it ; for, in pursu- ance of orders from the lords of the treasury, the officers of the cusiroms here have lately given public notice, that said act, in all its parts, will be carried fully into execution ; the consequences of which will be ruinous to the trade of this province, hurtful to all the colonies, and greatly prejudicial to the mother country. The cod fishery in this province will be wholly broken up, the yearly amount of which is upwards of ^164,000. The loss of the fishery will occasion more than five thousand seamen to be immediately turned out of employment, who, with most of our shipwrights and other mechanics, will be under a necessity of quitting the province, being utterly unfit for the business of hus- bandry ; and after them it is easy to see that a considerable part of our other inhabitants will follow ; so that we shall make a re- trogradation in our condition, and become what we were a century ago, a poor colony of husbandmen, unable to make use of the manufactures of our mother country, and under the necessity of living within ourselves. " With regard to Great Britain, a prohibition of our trade to the foreign plantations will lessen her own trade, and increase that of France, her rival and natural enemy." *' It had been suggested," they observed, " that the original design of the act laying a duty on sugar, molasses, &c. had been altered ; and that it was intended, not as a prohibition or re- straint on t^ie trade of the colonies in these articles, but to raise a revenue ; and that other measures for that purpose had been pro- posed — we cannot, therefore, help expressing our concern upon this occasion. We are empowered by our charter (and his Ma- jesty's other colonies are empowered by the commissions under which they are governed,) to raise monies for the support of our government. If duties or taxes are to be laid upon us in any one INTRODUCTORY REMARKS. H instance^ what assurance have we that they will not be so multi- plied as to render this privilege of no importance to us ? We have at all times done every thing which could be expected of us in support of his Majesty's government. We are still disposed to do every tiling in our power ; and hope it will be thought as rea- sonable, that the assemblies of the colonies should determine what monies should be raised upon the inhabitants here, as that the Parliament of Ireland should determine the monies to be raised upon the inhabitants there. The gi^owth of the colonies depends upon the enjoyment of their liberties and privileges.''''* The vievFS and dispositions of the people of Massachusetts may be fully perceived by this statement. In their petition and me- morial in November following, they speak more explicitly, and remonstrate against the authority of Parliament to impose taxes on the colonies with more firmness and precision. This memo- rial, however, wa.s penned with great temperance and caution, and contained expressions of unshaken loyalty and allegiance to the King. Governor Bernard, in his speech, at the next session of the General Court, complimented them for their great iriodera- tion. The phraseology used in the preamble of the bills for raising and granting taxes in the General Court in Massachusetts, would seem to imply very clearly, that the power and right to tax the colonies and to raise monies from them, were exclusively in the houses of assemblies here. It was called a grant to his Majesty, for the use and service of the colony. In February, 1765, two acts passed, in which, by way of preamble, this language and phraseology are used ; one for imposing duties on wines and dis- tilled spirits, and the other, a duty of impost and tonnage. And there was always a readiness thus to raise monies by the repre- sentatives of the people here, to pay the troops of the colonies which had been enlisted by requisition of the King, and to pay debts incurred for the common defence. It was soon evident, however, that the ministry were resolved to raise a revenue from the colonies for the support of govern- ment ; though it was pretended it was necessary and should be * The committee who prepared this letter were T. Hutchinson, i. Bowdoin, Judge Rus- sell, O. Thacher, and Mr. Tylei-. 12 INTRODUCTORY REMARKS. applied to pay the troops stationed on our frontiers for the defence of the colonists, and to lessen the debt already incurred for our protection. The ministry, indeed, appeared willing to compro- mise with the colonies, when they objected to the acts imposing duties ; and proposed, that the tax should be such as they them- selves should desire, provided they raised the amount required of them. The reply of the Representatives of Massachusetts was, that by paying the debt incurred by the colony in prosecuting the late war, we should be taxed to a very great amount, and fully equal, considering our population and wealth, to the tax which the parent country would have to raise for the same pur- pose. They declared their unwillingness to add to the burdens of the people, and expressed the opinion, that it would be arbi- trary and unconstitutional, as well as oppressive in the Parliament, to impose any other taxes.* The stamp act was not passed at the session, when first pro»- posed ; so that the people here had time to consider its nature and consequences. And with this in apprehension and under the operation of those before mentioned, a great excitement was pro- duced in the public feelings, and an open and decided opposition was generally expressed against the authority of Parliament thus assumed to tax the colonies. This act was considered, indeed, as the prelude to still more oppressive and despotic measures. The people refused to purchase or use the stamps ; and the persons appointed to distribute them were, in some instances, treated with gross insult. Some riots ensued, which were very unjustifi- able ; and which the most decided advocates for colonial privi- leges did not attempt to excuse. But it was pretended by the officers and friends of the British ministry, that the men of influ- ence here did not exert their influence to punish the authors of these disturbances ; and representations were made to those in authority in England, that an armed force was necessary to pre- serve the peace of the province. In April, 1765, the mutiny bill * Mr. Agent Jackson, in a letter to Governor Bernard, February, 1765, says, "In tl>e course of the debates in both Houses, on repealing; the stamp act, it has appeared, that it never was the practice of England, to lay internal taxes on her dominions which were not represented ; or that, if this practice was ever varied from, it was always complained of, and the practice ejther dropped, or a representation called to sit in Parliament spoB after." INTK,pDUCTORY REMARKS. , 13 was introduced into Parliament, under the pretence of rebellion in Massachusetts, and to justify the sending and stationing of regular troops in the colonies. It was soon discovered that sev- eral men high in office and power here, had given exaggerated statements of the views and conduct of the people ; and that the acts complained of, as destructive of our freedom, had been adopted in consequence of such representations. This increased the excitement among the people, and the situation of the coun- try became more critical and alarming. In general, however, popular tumult was restrained, and the fervor of the people, some- times greatly augmented by the measures of the British ministry at home, or of their officers here, was limited and controled. That n6 greater extravagancies were committed, at that period of popular excitement and commotion, must be attributed to the sober and moral character of the people in the colony ; who, though enthusiastically attached to civil liberty, were habituated to obedience of all lawful authority, and readily acknowledged the necessity of maintaining the legitimate power of government. They opposed the measures of the British ministry from prin- ciple. And their conduct was firm, consistent and persevering in attaining the object for which they contended. The struggle was perilous, but the issue was successful and glorious. It is unne- cessary, however, to narrate in detail the measures adopted, and the events which occurred from this time to the period when a resort was had to force, and war actually commenced between the colonies and Great Britain. This statement, concise and imperfect as it is, it was believed might be useful, as introductory to a perusal of the papers now given to the public in this volume, NOIE. As the question, agitated at the period, for which this volume furnishes public documents, viz. the authority of Parliament to make laws for the colonies, was one which occasioned the great collision between England and this country, and was, indeed, 14; INTRODUCTORY REMARKS. tliQ principal matter in controversy, it is thought proper to add here, the following notices, which the Editor has collected, since preparing the foregoing remarks. In 1640, a motion was made to Governor Winthrop and his Council, to send some person to England, to solicit favors and privileges of Parliament. But they declined ; observing, " that, if they should put themselves under the protection of Parliament, they should be subject to all such laws as might be imposed on them; in which, though their good might be intended, great in- jury might really be done them." Referring to this. Governor Trumbull remarks, " as at that early period, so it hath been ever since, that the colonies, so far from acknowledging the Parliament to have a right to make laws binding on them in all cases, have denied [or rather not acknowledged] it in any case." In June, 1661, the General Court adopted the follow- ing resolutions, viz. "We conceive the patent, under God, to be the first and main foundation of our civil polity, by, a Gover- nor and Company. The Governor, Deputy Governor, Assist- ants, and Representatives, have full power and authority, both legislative and executive, for the government of the people here, concerning both ecclesiastics and in civils, without ap- peals, excepting laws repugnant to the laws of England. We conceive any imposition, prejudicial to the country, contrary to any just laws of ours, not repugnant to the laws of England, to be an infringement of our rights. This government hath also power to set up all sorts of officers, as well superior as inferior, and point out their power and places." Governor Endicott, in the name of the General Court, about the same period, supplicated King Charles II. " for his gracious protection of the people here, in the continuance of civil privi- leges and religious liberties, the enjoyment of which was the known end of suing for the patent confirmed upon this planta- tion by his royal father ;" and " if the King or Parliament should demand what those privileges are, which we desire the contin- uance of, (the committee of the General Court say to their agents,) your answer may be, all those which are granted us by patent, which we have hitherto enjoyed, M^thout any other INTRODUCTORY REMARKS. 15 power imposed over us, or any other infringement of them, which would be destructive to tlie end of our coming hither; as also that no appeals may be permitted from hence in any case, civil or criminal, which would be an intolerable burden, and render authority and government vain and ineflectual." Sir W. Jones, Attorney General, told King James, " that he could no more grant a commission to levy money on his subjects in Jamaica, (though a conquered island,) without their consent, than they could discharge themselves from their allegiance to the English Crown." Even in 1766, the very year Parliament declared their right to impose taxes, and to make laws for the colonies in all cases, the Governor here was instructed (by the British ministry, in the name of the King) to " recommend''' to the General Court to make compensation to those who suffered by the riots in August, 1765. In 1757, when Lord Loudon, then first in military command in the colonies, directed that some British troops should be quar- tered in Boston, and called also upon this province for more tr»ops, the General Court did not consider tliemselve obliged to comply merely on this requisition. But they debated the matter; they claimed the right of deciding on the request. They even refused, for a time, to quarter the troops in the town of Boston, and they insisted that a law of the province was ne- cessary to legalize any such requisition. " We conceive," they said, " that when his Majesty's forces are to be quartered in the province, an act of the Legislature is requisite to empower the civil magistrates to do it." — " We beg leave further to ob- serve, that the inhabitants of this province are entitled to the natural rights of English born subjects ; that by the i*oyal char- ter, the powers and privileges of civil government are granted to them ; that the enjoyment of these rights, powers and privi- leges, is their support under all burdens and pressures ; the loss or hazard of them will deject and dispirit them." The charter did not allow even the King's Governor to carry the inhabitants out of the province, without the consent of the General Court. In 1761, Secretary Oliver, by order of the General Court, wrote to Mr. Agent Bollan, in England, that the Legislature here con- sidered they had a right by charter to pass a law, which should ^Tt 16 INTRODUCTORY 'REMARKS. suspend even a former law, assented to and approved by his Majesty, (which was necessary as to some particular acts passed here) until his Majesty's pleasure was known ; and he was di- rected to defend to the utmost, the General Court's power of legislation, in its full extent, according to the charter. •^■4* ^1 * * * MASSACHUSETTS STATE PAPERS. 1765 1775. SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, OCT. 18, 1764, Gentlemen of the Council, and Gentlemen of the House of Representatives, IN the last session I informed you of my determination to avoid frequent sessions as much as possible ; and therefore I de- sired that you would not postpone any public business, that could not conveniently wait till the winter ; it not being my intention to have another session before that time, unless something unex- pected and unforeseen should require it. And accordingly, you, gentlemen of the House of Representatives, made such provisions as you thought sufficient, for instructing your agent, and other- wise supporting your interest at Great Britain, under the present exigencies ; which have not, that I know, been materially altered since that time. Nevertheless, as several gentlemen of both Houses have signi- fied to me their apprehension that some further provisions are still necessary, fpr the maintaining the territorial rights and com- mercial interests of this Province, by a proper representation of the same, I have thought fit to call you together at this time, in- convenient indeed in regard to the season of the year, but timely for the business for which you are assembled. And now you are met, 1 shall leave you to your own delibera- tions : It may be thought, perhaps, that I am not impartial and independent enough to be your counsellor ; but I am sure, I am truly and heartily a friend to your real interest. As such, I shall take upon me to recommend to you, at this time more thaa ever, 3 18 MASSACHUSETTS STATE PAPERS. unity, prudence, and moderation : the first is necessary to give your resolutions due weight ; the next to direct them to proper purposes ; and the last to obtain for them a favorable hearing. FRA. BERNARD. Council Chamber, October 18, 1764. ANSWER OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO THE FOREGOING SPEECH, NOVEMBER 3, 1764. May it please your Excellency. Your Excellency's speech to the two Houses, gives us great pleasure, as it furnishes us with an opportunity of expressing our sentiments to your Excellency on a matter of the last importance, not only to this Province in particular, but to the colonies in gen- eral. What we refer to, and what your Excellency's speech refers to, is the late act of Parliament for granting certain duties ia the British colonies and plantations in America ; to which act we humbly apprehend we may propose our objections, at the same time we acknowledge it to be our duty to yield obedience to it while it continues unrepealed. With your Excellency's leave we shall here just touch upon the principal grievances which we apprehend ourselves under by means of said act, and would humbly submit them to the consideration of our superiors at home. The most ma- terial are these, that said act essentially aftects the civil rights and commercial interests of the colonies ; and affecting these last, will proportionally aft'ect the commercial interests of Great Britain. The civil rights of the colonies are affected by it, by their being de- prived, in all cases of seizures, of that inestimable privilege and characteristic of English liberty, a trial by jury. The courts of admiralty, at which suth cases are triable, are constituted without juries ; and not onl}' so, but interested in the event of the trial. In all condemnations, the judge and officers, according to the prac- tice of that court, have a twentieth part of the whole value of the articles condemned ; but in case of acquittal are entitled only to customary fees, which, in many instances, bear but a small propor- tion to the amount of said twentieth. The manifest tendency of which is, to produce decrees of condemnation, where there is no just cause of seizure; though with respect to the present judge for this Province, we apprehend he is not to be biassedby such a motive. In regard of the commercial interests of the colonies, tliey are affected in a double respect — by the method of procedure in cases of forfeiture, and by the duty laid on some of the enumerated arti- MASSACHUSETTS STATE PAPERS. .'I9| cles- With respect to the first, all forfeitures and penalties flicted by said act, or any other act of Parliament relating to the trade and revenues of the colonies, and incurred here, niay, at the election of the informer or prosecutor, be prosecuted, either in any court of admiralty in the said colonies where the offence shall be committed, or in any court of vice admiralty which may be ap- pointed over all America. The last mentioned court has been appointed and now exists ; and all prosecutions referred to in the act may be brought to it. — In which case, the claimant, as some construe the act, may have five hundi-ed leagues to travel in order to enter his claim ; it being very supposable that the prosecutor would lay him under all pos- sible difficulties to prevent his claiming ; in which case he would be sure of a decree in his favor. And though the claimant should be put to the difficulty and expense of going that distance, he will not be permitted to enter his claim until sufficient security be first giv- en by persons of known ability, in the penalty of a certain sum, to answer the costs and charges of prosecution. And in default of giving such security, the ship or goods shall be adjudged forfeited, and condemned. After all this difficulty and expence, (however unreasonably") brought upon him, if sentence shall be given for the claimer, and it shall appear to the judge that there was a probable cause for seizure, he shall certify that there was such probable cause ; and in that case, the defendant shall not be entitled to any costs of suit whatever; nor shall the persons seizing be liable to any action on account of such seizure. This being very obvijous, the grievances which must follow, need no illustration ; and there- fore we shall proceed to mention wherein the commercial interests of the colonies are affected by the duty and restraint laid on some of the enumerated articles. We sliall instance in the fishery and lumber trade only. In respect of the first, it will be greatly di- minished by means of the duty on foreign molasses. Our pickled, fish wholly, and a great part of the cod fish, are fit only for the West India market. The British Islands cannot take off one third of the quantity caught ; the other two thirds must be lost, or sent to the foreign plantations, where molasses are given in ex- change. The duty on this article will greatly diminish its impor- tation hither j and being the only article allowed to be given in exchange for our fish, a less quantity of the latter will of course be exported. The obvious effect of which must be the diminution of the fish trade, not only to the West Indies, but to Europe ; fish suitable for both those markets being the produce of the same voy- age. If, therefore, one of these markets be shut, the other cannot be supplied. The loss of one is the loss of both, as the fishery must fail with the loss of either. In respect to lumber, it is not to be sent to any part of Europe, excepting Great Britain. The hardship of this restraint appears the greater, as that article does not interfere with the produce of 20 MASSACHUSETTS STATE PAPERS. Britain ; and the colonies have an ample fund of it to supply every demand, not exclusive of her own. Now these duties, restraints and regulations, we humbly appre- hend will greatly affect the commercial interests of our mother country. It is certain they will lessen the trade of the colonies, which is the source of their ability to pay for the British manufac- tures they consume. In the proportion that this source fails, the importation and consumption of those manufactures will lessen.* The national debt is heavy, and we suppose the American act was intended to lighten it. But, without entering into the consi- deration of the propriety of such a measure, it is probable it will not answer that intention. The only certain effect of it will be, the diminution of the trade of the colonies, and a proportionable diminu- tion of the trade of GreatBritain. The circumstances of tlie colonies, however opulent they may be represented, will not admit of money being drawn from them by taxes or duties ; and this is demonstra- bly evident from this single fact, that the balance of their trade with Great Britain has perpetually been and still is against them. And all the bills of exchange, and silver and gohl, which are the pro- duct of their other trade, are not sufficient to pay this balance. This we know and feel to be fact with regard to this Province. Whatever, therefore, is taken from us by way of tax, will occasion just so much deficiency in the payment of said balance, and event- ually will be just so much loss to the trade of Britain. This being the case, with the utnmst deference to our superiors, we humbly apprehend it would be for the interest of our mother country, instead of drawing money from the colonists by taxes, to encourage their trade, and to let it expand as far as their genius and inclination could carry it, with this limitation only, that it should not interfere with her own produce and manufactures. The encouragement of their trade would enable the colonists, not only to pay their balances to Britain, but to take larger quantities of her manufactures ; the demand for which would be continually in- creasing with their growth, till it would equal the present capacity of Britain to supply. Thus we have given your Excellency some observations on the act, and here and also in our memorial to the honorable House of Commons upon the subject of said act, aiid the proposed stamp duty, represented how the colonies, and Great Britain will proba- bly be affected by them. AVhat we have to request is, that your Excellency would please to lay these observations, and also a copy of said petition before his Majesty's ministers, and represent to them their grievances which vve have mentioned arising from the said act, and such as we apprehend would be caused by a stamp duty ; and in the name of the two Houses earnestly to beseech the * In the original draft, the idea was suggested, that the colonists would be obliged tomanii- I'acture for themselves, which would soon operate to the injury of the British manufactuves, MASSACHUSETTS STATE PAPERS. 21 favor of their influence to ease us of the burden of the first, and remove from us the apprehensions of the latter. [Signed, A. Oliver,^ Secretary, and S. White, Speaker. The committee who reported it, were B. Lincoln, I. Etving, I. Bow- doin, T. Hubbard, and H. Gray, of the Council ; Col. Clap, Col. Waldo, Capt. Saunders, Mr. Hall, Gen. Winsiow, and Mr. Lee, of the House.] PETITION OF COLTCCIL AND HOUSE OF REPRESENTATIVES, TO THE HONORABJ.E HOUSE OF COMMONS, NOVEMBER 3, 1764. To the Honorable the Commons of Great Britain, in Parliament assembled. The petition of the Council and House of Representatives of his Majesty's Province of Massachusetts Bay, Most humbly sheweth. That the act, passed in the last session of Parliament, entitled " an act for granting certain duties in the British colonies and plantations in America," &c.* must necessarily bring many burdens upon the inhabitants of these colonies and plantations, which your petitioners conceive would not have been imposed, if a full repre- sentation of the state of the col-onies had been made to your hon- orable House — That the duties laid upon foreign sugars and molasses by a for- mer act of Parliament, entitled '" an act for the better securing and encouraging the trade of his Majesty's sugar colonies in America," if the act had been executed with rigor, must have had the effect of an absolute prohibition — That the duties laid on those articles by the present act still remain so great, that, however otherwise intended, they must un- doubtedly have the same effect — That the importation of foreign molassea into this Province in particular, is of the greatest importance, and a prohibition will be prejudicial to many branches of its trade, and will lessen the con- sumption of the manufactures of Great Britain— That this importance does not arise merely, nor principally, from the necessity of foreign molasses in order to its being con- sumed or distilled within the Province — • In the 4th year of George III. an act of Parliament was passed, granting: certain duties in the British colonies and plantations in America ; and for continuing, amouling- and mak- ing perpetual, an act passed in the 6th year of George II. entitled " an act ior the belter se- curing and encouraging the trade of his Majesty's sugar colonies in America," )kc. By this act, the former duties on sugars and molasses, imported into the British provinces, in Ame- rica, from any plantation or cplor.y not under the dominion of Great Britain, (which must be very strictly collected,) were continued and increased. The most rigid regulations were im- posed for collecting the duties ; and eotirts of admiralty, and of vice-admu-alty, in any part of America, were to take cojjuizance of all actions on seizures, complaints, 8;c. 22 MASSACHUSETTS STATE PAPERS. That if the trade, for many years carried on, for foreign molas- ses, can be no longer continued, a vent cannot be found for more than one half the fish of inferior quality which are caught and cured by the inhabitants of the Province, the French not permitting fish to be carried by foreigners to any of their islands, unless it be bartered or exchanged for molasses — That if there be no sale of fish of inferior quality, it will be im- possible to continue the fishery ; the fish usually sent to Europe will then cost so dear, that the French will be able to undersell the English at all the European markets ; and by this means one of the most valuable returns to Great Britain will be utterly lost, and that great nursery of seameii destroyed — That the restraints laid upon the exportation of timber, boards, staves and other lumber from the colonies to Ireland and other parts of Europe, except Great Britain, must greatly aftect the trade of this Province, and discourage the clearing and improving of the lands which are yet uncultivated-— That the powers given by the late act to the court of vice ad- miralty, instituted over all America, are so expressed as to leave it doubtful, whether goods seized for illicit importation in any one of the colonies may not be removed, in order to trial, to any other colony, where the judge may reside, although at many hundred miles distance from the place of seizure — That if this construction should be admitted, many p'ersons, how- ever legally their goods may have been imported, must lose their property, merely from an inability of following after it, and making that defence which they might do, if the trial had be^n in the colo- ny where tlie goods were seized — That this construction would be so much the more grievous, seeing that in America the officers, by this act, are indemnified in case of seizure, whenever the judge of admiralty shall certify that there was probable cause ; and the claimant can neither have costs nor maintain an action against the person seizing, how much soever he may have expended in defence of his property— < That the extension of the powers of courts of vice admiralty has, so far as the jurisdiction of the said courts hath been ex- tended, deprived the colonies of one of the most valuable of En- glish liberties, trials by juries — That every act of Parliament, which in this respect distinguish- es his Majesty's subjects in the colonies from their fellow sub- jects in Great Britain, must create a very sensible concern and grief — That there have' been communicated to your petitioners sundry resolutions of the House of Commons, in their last session, for imposing stamp duties or taxes upon the inhabitants of the colonies, the consideration Avhereof was referred to the next session — That your petitioners acknowledge with all gratitude, the ten- dencies of the legislature of Great Britain of the liberties of the MASSACHUSETTS STATE PAPERS. 23 subjects in the colonies, who have always judged by their repre- sentatives both of the way and manner, in which internal taxes should be raised within their respective governments, and of the ability of the inhabitants to pay them — That they humbly hope the colonies in general have so demean- ed themselves, more especially during the late war, as still to de- serve the continuance of all those liberties which they have hith- erto enjoyed — That although, during the war, the taxes upon the colonies were greater than they have been since the conclusion of it, yet the sources by which the inhabitants were enabled to pay their tax- es, having ceased, and their trade being decayed, they are not so able to pay the taxes they are subjected to in time of peace, as they were the greater taxes in time of war — That one principal difficulty, which has ever attended the trade of the colonies, proceeds from the scarcity of money, which scarcity is caused by the balance of trade with Great Britain, which has been continually against the colonies-— That the drawing sums of money from the colonies, from time to time, must distress the trade to that degree, that eventually Great Britain may lose more by the diminution of the consump- tion of her manufactures, than all the sums which it is possible for the colonies thus to pay can countervail — That they humbly conceive, if the taxes which the inhabkants of this Province are obliged annually to pay towards the sUpport of the internal government, the restraint they are under in their trade for the benefit of Great Britain, and the consumption thereby occasioned of British manufactures be all considered, and have their due weight, it must appear, that the subjects of this Province are as fully burdened as their fellow subjects in Britain, and that they are, whilst in America, more beneficial to the nation, than they would be if they should be removed to Britain, and there held to a full proportion of the national taxes and duties of every kind. Your petitioners, therefore, most humbly pray, that they may be relieved from ihe burdens, which they have humbly represented to have been brought upon them by the late act of Parliament, as to the wisdom of the honorable House shall seem meet, that the priv- ileges of the colonies relative to their internal taxes, which they have so long enjoyed, may still be continued to them, or that the consideration of such taxes on the colonies may be referred, until your petitioners, in conjunction with the other governments, can have opportunity to make a more full representation of the state and condition of the colonies and the interest of Great Britain with regard to them. Signed by S. WHITE, Speaker. A. OLIVER, Secretary. November 3, 1764. [Tliis petition was altered several times, after it was first read and adopted in the House of Representatives. The Council objected 2i MASSACHUSETTS STATE PAPERS, to two or three sentences, some of which were omitted. There was finally a committee of conference of the House of Represent- atives and of the Council j and the result was 'to retain the words " rio;hts" and '• liberties" in several places, instead of "privileges," which had been substituted bj the Councd. The committee were J. Otis. jr. 0. Thacher, and Col. Clap, of the House ; T. Hutchin- son, J. Otis, and E. Trowbridge, of the Council.] Extract of a letter from the Committee of Council and House of Representativt-s, to their Jigent in England, accompanying the foregoing petition. In their letter to Agent Mauduit, accompanying this petition, the committee of the Council and House of Representatives, ob- serve, " that the late act of Parliament," imposing additional du- ties on molasses, &c. imported into the colonies, " aftects this col- ony more than any other :" and they say, " that they have been induced thus to petition and remonstrate," respecting said act, and the bill for duties on stamp paper, &c. then pending before Parlia- rpent, in consequence of a suggestion made by the agentand another gentleman in England, " that a decent remonstrance might procure some relief." And in their petition they say, " Ave have endeavor- ed to avoid giving offence, and have touched upon our rights in such a manner, as that no inference can be drawn, that we have gi- ven #iem up, on the one hand, nor that we set up in opposition to the Parliament, nor deny that we are bound to the observance of acts of Parliament, on the other. But in a letter to you, we may be more explicit on this point — a right, the people of the colonies have undoubtedly by charter and commissions to tax themselves. So tar as the Parliament shall lay taxes on the colonies, so far they will deprive them of this right. If the first settlers of the colonies had not imagined that they were as secure of the enjoyment of this right as of tlieir titles to their lands, in all probability they would never have left England, and no one colony could have been set- tled." " Acts of Parliament, it will be said, are above charters, and can annihilate them. It is true. So one act of Parliament may infringe upon them. Alid, perhaps, there would be no greater reason for complaint in that case, than when tl .^ riglits of a cor- poration in England, or in the colonies are infringed : to be sure not greater, than when what are deemed the fundamentals of the English constitution are changed, with respect to any considerable part of the subjects. Sucli fundamentals, we deem the right of hein"- taxed by our own representatives only ; and the rights to trials by juries. Upon the latter, we have said the less in our pe- tition, because, by the charter, the power of appointing courts of admiralty, where no juries are in use, and which are the only occa- sions of our complaints upon that head, is reserved to the Crown. But then it must be remembered, that all seizures for illicit trade MASSACHUSETTS STATE PAPERS, 25 are tried in the exchequer in England by juries ; and that we have no reason to suppose, that our ancestors, when they accepted the charter, imagined the powers of courts of admiralty would be extended beyond what they are in England — and as for the newly constituted court of admiralty, if the judge takes cognizance of all maritime matters and all offences which have been usually tried by courts of admiralty in America, and which may arise in any part of the colonies, it may bring such oppression uponthe sub- jects as will be insupportable." " In point of equity, we think we may well claim an exemption from taxes by Parliament. Our ancestors, and we believe the first settlers of every colony, except Nova Scotia and Georgia, occa- sioned but little, some of them, no expense, and yet have brought an amazing addition of wealth, territory and subjects, to the na- tion. They are burdened with the support of government within themselves : they are under restraints in their trade, which the subjects of Great Britain are not ; and what the colonies lose by that, Britain gains. The colonies find more employment for the manufactures in Britain, we believe, than all the world besides. And this is a matter which is not to be lightly considered." " In point of policy, it will certainly prove a mistake to lay further burdens on the colonies. You have now all we can spare from our necessary support, and the expense of clearing and cultivating a new country, and by this means increasing the dominions of Britain. In this way, the people pay to you cheerfully. In the other, it will ever be paid with grief and reluctance." " We are morally certain, that the molasses trade cannot be carried on, and the present duty paid." [The committee to draft the letter, were T. Hutchinson and I. Bowdoin, of the Council ; J. Otis, O. Thacher, and T. Gray, of tlie House.] Extracts from the statement of the services and expenses of the Province of Massachusetts, made by a Committee of the Council and House of Representatives, chosen for the purpose in October, 1764, and sent to the colony^s agent in England, to furnish ar- guments why the colony should not be taxed, S^'c. " One great cause alleged for imposing taxes on the colonies, not granted by their own representatives, by the mere authority of Parliament, being this, tliat they ought to contribute to defray the charges of a war undertaken for their defence, to \jhich it is said they have never yet sufficiently contributed, the Province of Mas- sachusetts Bay deem it proper briefly to set forth their own merits and services, their exertions and expenses in the common cause from the first incorporation to the present time. " In the year 1620, the colony of New- Plymouth, now included in the present Province -of Massachusetts Bay, Avas began to be 4 26 MASSACHUSETTS STATE PAPERS. planted by Gov. Bradford and others, a small but vigorous number. By their prudence and vigilance they supported themselves in a wild desart, surrounded by Indians, without any assistance from the Crown of Great Britain. " In 1629, the colony of Massachusetts Bay was begun to be planted, the adventurers having obtained from Charles I. an ample charter, on the faith of which they made those beginnings in colo- nizing, which have increased to this day, though the charter has long since been lost to them. " Whoever should read the records of the first settlements in the colony cannot but pity a feeble number separated by an im- mense ocean from the capital of their government, surrounded by savages, of Avhose good will they had no assurance, conflicting with hunger, cold, nakedness, and every other hardship of a desart. '• Their first cares, under all their privations and sufferings, were to train the inhabitants to arms, to build forts, &c. " In 1635, Gov. Winslow offered to raise troops at the expense of the colonies, under authority from the King of England, not only to defend the settlements here against the Indians, French and Dutch, but to extend the territory of the British government in America. But the proposal was rejected through the influence of Arch Bishop Laud, who hated the puritans of that period. " In 1637, at their own expense the colonies raised one hundred and sixty men, and subdued the Peguots, a powerful and danger- ous tribe of Indians. " In 1643, the colonies of Massachusetts, Plymouth, Connecticut and New-Haven united for common defence ; and thus probably prevented the overthrow of the settlements of Connecticut and New -Haven, if not of the others also. " From 1675 to 1686, the colony of Massachusetts Bay, with 3hort intermissions, was engaged in wars with the Indians, who, at that period, were numerous and powerful, and threatened to des- troy all the English settlements : and for which they asked no as- sistance of the Crown, but bore the heavy load themselves. " In I690,this Province raised 800 men for the reduction of Nova Scotia, under Sir W. Phips, who conquered the country, and sub- jected it to the English till the peace of Reswick. "From this time to 1714, the colony was frequently engaged, at their own charge, in wars against the French, for the defence of English plantations, and for rescuing various places which had fallen into the hands of those enemies of Great Britain. In 1744, the Pi-ovince also furnished a large number of men to assist the English against the French in Nova Scotia. " Afterwards, during the campaigns of 1755, 56, 58, 59, 60, &c. the Province raised troops, at a very great expense, to co-operate with the British in their expeditions against Crown Point, &,c. The whole cost of their expeditions from 1755 to 1762, was 943,839/. The cost of scouting parties, for the same period, was 27,496/. MASSACHUSETTS STATE PAPERS. 27 Their armed vessels for the protection of trade, cost 34,795/. All which amount to 1,039,390/. A^Ld these sums being much greater than could be raised on the people each year, the Province was annually obliged to take up large sums on interest, and often to anticipate and mortgage the revenues of the government. At the conclusion of the late war, the Provmce was and still is very much, in debt ; and it will take them many years, with all the resources in their power, even though their trade was allowed to continue on the footing it was at the close of the war, to clear their debts. " The cost of many forts and garrisons on the frontiers is not in- cluded in the above sum. Nor can any estimate be made of the cost to individuals by the demand for personal service. For the numbers raised in these years, (from 1755 to 1762) being equal to the whole militia, it hath come to the turn of every enlisted soldier in the whole militia to serve once. And they who would not serve in person were obliged to hire, at a great premium. "From small beginnings, through innumerable toils, hardships and sufferings, a rude desart is become a well-peopled and fruitful plantation. From its infancy to the present age, this colony, with no expense to the Crown, has defended the territory granted to it ; and thereby mightily extended the British empire and immensely increased the British commerce. It has ever been ready to afford its utmost help, when the King's service called ; has actually made divers valuable conquests for the Crown ; and by its great exertions and expenses in the last war has impoverishsd and enfeebled it- self so as it will not in many years recover the athletic state it was in at the beginning of the late French war. " It is not intended, by any thing here said, to derogate from the merits of the other colonies ; most of them have had their share in these great conquests ; and without the joint and united vigor of so many, so much could never have been accomplished. Nor does Massachusetts desire to be distinguished from the other colo- nies by any new grants and immunities; neither are they seeking any further rewards. They desire only, that the privileges their ancestors purchased so dearly, and they have never forfeited, may be continued to them. Being conscious to themselves of entire loyalty to his most excellent Majesty, and dutiful respects to the parent state, they trust the wisdom and justice of the nation will allow them the possession of all the rights, privileges and immu- nities which the subjects of Great Britain do and ought to enjoy. [The committee was appointed to make this statement, in Oct. 1764 ; and were T. Hutchinson, A. Oliver, J. Bowdoin,T. Flucker and J. Otis, of the Council ; and T. Cushing, 0. Thacher, T. Gray and E. Sheafe, of the House. In their letter sent to the agent enclosing it, the committee observe, " it will appear from the state- ment, that this Province has had its full share of the burdens of the British empire ; and that, by its own representatives, it has ever cheerfully submitted to the heaviest taxes it was any how capable 28 MASSACHUSETTS STATE PAPERS. of bearing. The Province finds itself greatly exhausted by their ex- ertions ; and it will be with the utmost difficulty we shall clear the heavy load of debt the last war hts involved us in,- though no new burdens were brought upon us, and our trade were left to its natu- ral course. But if the severe regulations of the late act are con- tinued and new taxes laid on us, these will drain us of our specie, the sinews of trade, and otherwise so distress us, that we shall neither be able to pay the public debt we owe as a community, nor individuals what they owe to the merchants of Great Britain ; .a general bankruptcy, public and private, must ensue."] SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, JANUARY 10, 1765. Gentlemen of the Council, and Gentlemen of the House of Representatives, At the opening of this session, I have the pleasure to con- gratulate you upon the storms which threatened the peace' of Great Britain being happily blown over : the hasty and ill advis- ed encroachments upon our rights by some of the French and Span- ish commanders have been disavowed by their respective courts ; and fresh assurances have been given that the acquisitions confirm- ed to us by the late peace, shall be enjoyed without interruption ; which will be further secured by the best of guarantees, a respecta- ble British navy. I have also to congratulate you upon the happy termination of the Indian war, in a manner both honorable and safe ; and which must eftectually discourage such attempts for the future. We, ■who are at a distance from the scenes of action, should not be in- different to this isiteresting event, as the welfare, and particularly the peace of every part of British America, is the concern of the whole. I have, in pursuance of your request made to me last session, recommended to tlie favor of his Majesty's ministers, the petition which you prepared to be presented to the House of Commons ; and I flatter myself that these representations will have success, as they must receive great weight from the dutiful manner in which they are formed. 1 shall not neglect any other opportunity to promote the real welfare of this Province, consistently with its subordination to the King of Great Britain, and the common in- terest of the whole empire. 1 have at present nothing to lay before you, but what arises within the Province, which I shall communicate to you at proper times. MASSACHUSETTS STATE PAPERS. 29 In these, and in all other matters, I shall not doubt your attention to your duty, both to your King and to your country. The late exemplary instances of your unanimity, prudence, and moderation, in times of difficulty and distrust, will distinguish you to your ad- vantage, will confiiin the reputation you have hitherto acquired, and give assurance of your resolution to support it by your future conduct. FRA. BERNARD. Council Chamber, January 10, 1765. ANSWER OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO THE > FOREGOING SPEECHr May it phase your Excellency, With great pleasure we received your Excellency's congratu- lations ; and sincerely rejoice in every occurrence that tends to establish the peace and prosperity of Great Britain. The disavowal of the late encroachments upon our rights, and the fresh assurances given by the French and Spanish courts, that the acquisitions con- firmed to us by the late peace shall be enjoyed without interruption, we hope are sincere j but tiie best guarantee of those acquisitions is the British navy, which we hope will ever be maintained on so respectable a footing, and be under such direction as to frustrate all attempts to invade them. The happy termination of the Indian war, in which so many of ourfellow-subjects have been massacred, and so extensive a frontier desolated, must give sincere joy to every breast susceptible of the feelings of humanity ; at least to every one that bears any affection for British America. We in this Province in particular, though at a distance from the late scenes of cruelty, cannot be indifferent to this interesting event, having often experienced the severest effects of Indian rage. May this peace prove an honorable and lasting one. We are much obliged to your Excellency for recommending to the favor of the ministry our petition to the House of Commons. We flatter ourselves the representations therein made, will have success, not only from the dutiful manner in which they are formed, but from the necessary connection there is between the interest of the nation, and the success of that petition ; it will be a demon- strable truth, that the national interest will be best promoted and secured by encouraging the trade of the colonies. If that pros- pers or declines, so will the trade of Great Britain ; but in a greater proportion. The wealth and power of Britain, however great, are still in their minority compared with what, it is probable, they will one day be, if the trade and growth of her colonies are not impeded. 30 MASSACHUSETTS STATE PAPERS. We are also much obliged to your Excellency for your kind de- claration, that you " shall not neglect any other opportu nity to pro- mote the real welfare of this Province, consistently with its subor- dination to the kingdom of Great Britain, and tlie common inter- est of the whole empire." It is in your Excellency's endeavors to promote the real welfire of this Province ; and in these endea- vors our inclinations conspire with our duty to give your Excel- lency our best assistance. In all matters your Excellency shall lay before us, we hope to make it evident that we are influenced by a principle of affection as well as duty to our sovereign and country. It is our honor to be in their employment, and we shall esteem it our happiness to render them any real service. If we have exhibited any exemplary instances of unanimity, pru- dence and moderation, it gives us a real satisfaction that they meet with your Excellency's approbation. We agree with your Excellency that the times are difficult : but we hope they are not times of distrust. We distrust not the wis- dom and goodness of Parliament, having with the colonies in gene- ral, often experienced the happy effects of both. On the same wis- dom and goodness, next to the Supreme, we still rely. As that respectable body has power, we humbly trust their wisdom and goodness will exert it, to remove Ijie embarrassments upon our trade, to whicli tlie difficulty of tTie times is owing. Letter from J. Maiuluit, Esq. agent in England, for the Province of Massachusetts, to the Secretary. London, Feb. 9, 1765. I HAVE now to acquaint the great and General Court, that a stamp duty was proposed in the House of Commons, on the 6th instant. It was opened, by shewing, that as the colonies have a right to protection, so the Parliament has a right to tax them in aid thereof. Their several charters were referred to, and declared to be all under the control of Parliament. To this right of Parlia- ment, every member who approved the measure, declared his as- sent ; so that tlie only question was, whether a stamp duty should now be laid ; and this was carried, on a decision of fourteen. Pe- titions from Virginia and New-York, were offered, by their agents to be presented, but no member would take them : and Mr. Jack- sou, who had ours in his pocket, agreeably to what he and I had settled, plainly saw it was, at that time, fittest to remain there. At present, I can only say, .that I am taking every rational measure I can think of, to support your petition, which is to be presented to the House on Tuesday, by Mr. Jackson, andisthe day appointed for the first reading of the bills. MASSACHUSETTS STATE PAPERS. 31 Letter from Mr. ^gent Mauduit, to the Committee of the House of liepresentatives of Massachusetts. London, Feb. t9, 1765. I RECEIVED your several letters of Nov. 27th and 28th, and Dec. 17th, to all of which I shall attend as my inlirmities will permit. At present I have to acquaint you, that I have employed my whole time in favor of your petition ; and to remove impressions and dis- like to the humors and disposition of the Province. A week be- fore the stamp duty was to be proposed, I sent a pamphlet (I had prepared,) to the houses of most of the members. 1 plainly saw, some time ago, that right, founded in charters or custom, could not be supported by any one in the House, against the right of Parlia- ment to tax the colonies. I therefore endeavored, (though I never gave up tliat point) to soften the hands of power, and prevent a resentment shown, as was first intended : and so far hitherto I have succeeded. Mr. Grenville opened the fitness of laying this tax on the colo- nies, and the incontestible right of Parliament to do it, without noticing the New-York address, or the House of Assembly's letter to me ; both which papers were tacked together, and intended to be laid before the House, as proof of an undutiful temper. Only one member, in the warmth of his speech, glanced at it ; but in this he had no second. After about seven hours debate, there was no other question, (nor indeed could be) but whether a stamp duty should now be laid. The House divided upon it, and it was car- ried by four to one. I hope the interest of Parliament, for imposing this tax, was only to convince the colonies that it had the right, which was by them contested ; and that the House will now rather attend to mitigate or take oiFsome of those burdens laid on your trade by the last act. Several petitions were offered, but were all rejected ; and even Connecticut, which was more moderate than ours, with respect to the stamp duty, received the negative. Ours was offered last, by Mr. Jackson, but mentioned in such a manner, that no vote of rejection was put, so that I may possibly present a petition at another time, leaving out only what relates to the stamp duty: and this I think to do by Mr. Jackson, in concert with all the aid I can procure. Letter from Secretary Oliver, to Mr. Agent Jackson, written hj order of the General Court, June, 1765. By several of the papers,directed to be delivered you by Mr. Mauduit, the late agent, you will observe the opinion of the two Houses with regard to some of the probable ill effects of the last year's act of Parliament for granting certain duties in the colonies, and some of them with respect to trade have been already verified, as will appear by the petitions and statements of Messrs. Patrick Tracy, Thomas Boylston and Fortesque Vernon, merchants, with- 32 MASSACHUSETTS STATE PAPERS. in this Province. In consequence of said act, three vessels, be- longing to them severally, have been seized and condemned — with respect to which matter, they in their petitions in general declare, that their vessels sailed hence before said act took place, via. before Sept. last ; that no bond was required of them at the respective custom houses, at which their vessels were cleared out ; and that said act did not then require any bond ; that said ves^e!s uroceetied to the French islands, and loaded with molasses ; that ou their re- turn they were forced by stress of weatlier, two of them into New- Providence, and the other into Bermuda ; that these were the first English ports which Tracy's and Boylston's vessels had put ii! at, after sailing hence ; that Wm. Vernon's vessel had only toudied at Barbadoes, and sailed again before the 29th of Sept. ; that at Providence and Bermuda said vessels were seized, and with their cargoes, by the court of admiralty finally adjudged and condemned forfeited for a want of certificates that bonds had been given pur- suant to said act : that the vessels and cargoes were appraised at a rate much below their value, with a view (they say) that in CRse they should be able to reverse the decree, they should notwithstand- ing recover a small part of the value of their vessels and cargoes. This is a brief state of the representation they make, as you will see by their petitions. If this representation be just, their case is really hard, and merits the notice of those who have power to re- lieve them. SPEECH OF GOVERNOR BERNARD, TO THE TWO HOUSES, MAY 30, 1765. Gentlemen of the Council, and Gentlemen of the House of Representatives, Being always desirous of making your attendance at the General Court as agreeable to you as may be, I tirought it proper to appoint the meeting of it at this town, that you may be free, not only from real danger, but also from the apprehension of it. And as I have nothing to propose to you for his Majesty's immediate service, your deliberations will be chiefly employed upon the af- fairs of your own Province. Among these, the state of the eastern country deserves most particular regard : the augmentation of the garrisons made at the last session was a seasonable provision, and happily has not been too late. But defence alone is not sufficient ; prevention of hos- tilities is equally necessary to the preservation of that country. To this I have given particular attention with all my power, and have hitherto succeeded. But it has served to convince me that MASSACHUSETTS STATE PAPERS. S3 there still remains much undone, which I have not had the power, or at least have not chose to take upon me to do. You shall be made acquainted with my sentiments upon this sub- ject, which are partly drawn from information received from others, and partly from observations made by myself. And I doubt not but you will concur with me in every measure necessary for the security /ind support of that country, which is now, as it were, an infant colony. We who rest in the bosom of safety should not ne- glect the protection of our brethren exposed to daily perils ; nor while we enjoy the blessings of an old colony, be unmindful of the imbecility and necessities of a new one. Gentlemen, As I suppose the season of the year will make you desirous of a recess as soon as well may be, it is my intention not to continue this session beyond what the present exigencies of the government shall absolutely require : And therefore I must recommend to you to postpone unnecessary business, and to expedite such as cannot be postponed. In this, as in all matters tending to the service of the Province and to your convenience, you may depend upon my assistance and concurrence. FRA. BERNARD. Council Chamber, at Concord, May SI, 1764. [Thig speech was printed through the inadvertence of a cempositor in the office ; and was rot intended by the editor to be printed at all.] SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, MAY 30, 1765. Gentlemen of the Council, and Gentlemen of the House of Representatives, At the opening of this General Court, I have no orders from his Majesty to communicate to you; nor any thing to oiFer myself but what relates to your internal policy : I shall therefore take this opportunity to point out such domestic business as more immedi- ately deserves your attention. Soon after my arrival to this government, I formed in my mind an idea of three improvements which this country was capable of making profitable to itself and convenient to Great Britain ; I mean pot ash, hemp, and the carrying lumber to the British markets. They are all proper staples for New England ; and must be very acceptable to Great Britain, as she is at present supplied with them from foreigners, by a losing trade. 34; MASSACHUSETTS STATE PAPERS. I have already had the pleasure to see the first of these estab- lished with effect, and wanting now nothing but care to preserve its credit, and prevent the general quality of the goods, which is of a superior kind, being rendered doubtful and suspicious by the fraudulent practices of particulars. This is a necessary caution at the commencement of a new trade ; for upon its first reputation depends its future success. There is already a law for the regu- lation of this trade ; but it wants to be carried into execution : this I must desire may be done this session, as it is now become imme- diately wanting. You have lately given a public testimony of your desire to pro- mote the production of hemp : I am equally persuaded of your good intentions to the improvement of the lumber trade ; as you must be sensible of the insufficiency of the present markets for the re- ception of the great quantity of lumber which is now produced, and which will be continually increasing. The Parliament of Great Britain has already given encouragement to the one ; and it is hoped it will also extend its bounty to the other. These are proper objects of your concern; works which naturally arise in your own country, strengthen your connection with Great Britain, may easily be confined within yourselves, and will soon be superior to those of foreign rivals. When these are added to your other resources, they will form a fund, which, with the bless- ing of God upon your industry and frugality, will be adequate to the expense of all necessary imports : and you will have no occa- sion, as you have hitherto shewn no disposition, vainly to attempt to transfer manufactories from their settled abode ; an undertaking at all times difficult, but, under the disadvantage of high priced labor, impracticable. Gentlemen of the House of Representatives, I shall order the treasurer to lay before you the present state of the treasury, that you may consider of further means for reducing and finally discharging the provincial debt with ease to the people. I shall be ready to concur with you in all necessary measures for that purpose, that shall be agreeable to the laws and instructions by which I must form my conduct. Gentlemen, The general settlement of the American Provinces, which has been long ago proposed, and now probably will be prosecuted to its utmost completion, must necessarily produce some regulations, which, from their novelty only, will appear disagreeable. But I am convinced, and doubt not but experience will confirm it, that they will operate, as they are designed, for the benefit and advan- tage of the colonies. In the mean time a respectful submission to the decrees of the Parliament, is their interest, as Avell as their duty. In an empire, extended and diversified as that of Great Britain, there must be a supreme legislature, to which all other powers must MASSACHUSETTS STATE PAPERS. 35 be subordinate. It is our happiness that our supreme legislature, the Parliament of Great Britain, is the sanctuary of liberty and justice ; and that the Prince, who presides over it, realizes the idea of a patriot King. Surely, then, we should submit our opin- ions to the determinations of so august a body ; and acquiesce in a perfect confidence, that the rights of the members of the British empire will ever be safe in the hands of the conservators of the liberty of the whole. FRA. BERNARD. Council Chamber, May SO, 1765. [Committees were appointed to consider that part of the Gov- vernor's speech, respecting pot ash, the manufacture of hemp, and lumber. But the journal furnishes no evidence that any reply was made to that part of the speech, which referred to the state of the Province, though Mr. White, (the Speaker,) J. Otis, T. Gushing, S. Dexter, and Col. Worthington, were chosen a committee to cout sider it.] Proceedings of the House of Representatives, respecting sending a Committee to JS'ew York, to consult with Committees from other colonies, on the state of the country, June 6, 1765. The House taking into consideration the many difficulties to which the colonies are and must be reduced by the operation of some late acts of Parliament ; after some time spent, On a motion made and seconded, ordered that Mr. Speaker, Bri- gadier Ruggles, Col. Partridge, Col. Worthington, Gen. Wins- low, Mr. Otis, Mr. Cushing, Col. Saltonstall, and Capt. Sheafe, be a committee to consider what measures had best be taken, and make report. The committee appointed for that purpose, reported as follows. The committee appointed to consider w4iat dutiful, loyal, and hum- ble address may be proper to make to our gracious Sovereign and his Parliament, in relation to the several acts passed, for levying duties and taxes on the colonies, have attended that service, and are humbly of opinion : That it is highly expedient there should be a meeting as soon as may be, of committees from the Houses of Representatives or Bur- gesses in the several colonies on this continent, to consult together on the present circumstances of the colonies, and the difficdlties to which they are and must be reduced by tlie operation of the late acts of Parliament for levying duties and taxes on the colonics, and to consider of a general and humble address to his Majesty and the Parliament to implore relief. And the committee are further of opinion that a meeting of such committees should be hold at New York, on the first Tuesdav of S6 MASSACHUSETTS STATE PAPERS. October next, and that a committee of three persons be chosen by this House on the part of this Province, to attend the same. And that letters be forthwith prepared and transmitted to the respective Speakers of the several Houses of Representatives or Burgesses in the colonies aforesaid, advising them of the resolution of this House thereon, and inviting such Houses of Representatives or Burgesses to join this with their committees, in the meeting, and for the purposes aforesaid. And that a proper letter be prepared and forwarded to the agent of the Province on these matters in the mean time. Read and accepted, and ordered, that Mr. Speaker, Mr. Otis, and Mr. Lee, be a committee to prepare a draft of letters to be sent to the respective Speakers of the several Houses of Repre- sentatives in the colonies, and make report. The committee appointed for that purpose, reported the following draft. Province of Massachusetts Bay. Boston, June 8, 1765. Sir — The House of Representatives of this Province in the present session of the General Court, have unanimously agreed to propose a meeting, as soon as may be, of committees from the Houses of Representatives or Burgesses, of the several British colonies on this continent, to consult together on the present cir- cumstances of the colonies, and the difficulties to which they are and must be reduced by the operation of the acts of Parliament for levying duties and taxes on the colonies ', and to consider of a general and united, dutiful and humble representation of their con- dition to his Majesty and the Parliament, to implore relief. The House of Representatives of this Province have also voted to pro- pose that sucli meeting be at the city of New Yoi-k, on the first Tuesday of October next, and have appointed a committee of three of their members to attend that service, with such as the other Houses of Representatives or Burgesses in the several colonies may think fit to appoint to meet them : And the committee of the House of Representatives of this Province are directed to repair to said New York, on said first Tuesday of October next, accord- ingly. If, therefore, your honorable House should agree to this proposal, it would be acceptable, that as early notice of it as possi- ble might be transmitted to the Speaker of the House of Represen- tatives of this Province. SAMUEL WHITE, Speaker. [The Committee was chosen by the House, June, 1765, and were James Otis, Col. Partridge, of Hatfield, and Timothy Ruggles ; but Ruggles did not consent to the doings of the convention, which met at New York, in Oct. 1765 ; and was afterwards censured for it by the House of Representatives.] MASSACHUSETTS STATE PAPERS. 37 •* PETITION Of the freeholders and other inhabitants of the Massachusetts Bay, Rhode Island, and Providence Plantations, JSTew Jersey, Pennsyl- vania, the government of the counties of JVeic Castle, Kent and Sussex, upon Delaware, Province of Maryland, ^c. MOST HUMBLY SHEWETH, That the inhabitants of these colonies, unanimously devoted with the warmest sentiments of duty and affection to your Majes- ty's sacred person and government, inviolably attached to the present happy establishment of the protestant succession in your illustrious house, and deeply sensible of your royal attention to their prosperity and happiness, humbly beg leave to approach the throne by representing to your Majesty, that these colonies were originally planted by subjects of the British Crown, who, animated with the spirit of liberty, encouraged by your Majesty's royal pre- decessors, and confiding in the public faith for the enjoyment of ■ all the rights and liberties essential to freedom, emigrated from their native country to this continent, and by their successful per- severance in the midst ot innumerable dangers and difficulties, to- gether with a profusion of their blood and treasure, have happily added these vast and valuable dominions to the empire of Great Britain. That for the enjoyment of these rights and liberties several go- vernments w'ere early formed in the said colonies, with full power of legislation agreeably to the principles of the English constitution. That under those governments these liberties thus vested in their ancestors and transmitted to their posterity, have been exer- cised and enjoyed, and by the inestimable blessings thereof, under the favor of Almighty God, the inhospitable deserts of America have been converted into flourishing countries ; science, humanity and the knowledge of divine truth, diftused through remote regions of ignorance, infidelity and barbarism, the number of British sub- jects wonderfully increased, and the wealth and power of Great Britain proportionably augmented. That by means of these settlements, and the unparalleled sue cess of your Majesty's arms, a foundation is now laid for render- ing the British empire the most extensive and powerful of any re- ' corded in history ; our connection with this empire, we esteem our greatest happiness and security, and humbly conceive it may now be so established by your royal wisdom, as to endure to the latest period of time. This with most humble submission to your Ma- jesty, we apprehend will be most effectually accomplished, by fixing ' the pillars thereof, on liberty and justice, and securing the inherent rights and liberties of your subjects here, upon the principles of the English constitution. To this constitution these two principles are essential, the right of your faithful subjects freely to grant to 38 MASSACHUSETTS STATE PAPERS. your Majesty such aids as are required for the support of your government over them, and other public exigencies, and trials by their peers. By the one they are secured trom unreasonable im- positions, and by the other, from arbitrary decisions of the executive power. The continuance of these liberties, to the inhabitants of America, we ardently implore, as absolutely necessary to unite the several parts of your widely extended dominions, in that harmony so essential to the preservation and happiness of the whole. Pro- tected in these liberties, the emoluments Great Britain receive from us, however great at present, are inconsiderable, compared with those she has the fairest prospect of acquiring. By this pro- tection, she will for ever secure to herself the advantage of con- veying to all Europe the merchandizes which America furnishes; and of supplying, through the same channel, whatever is Avanted from thence. Here opens a boundless source of wealth and naval strength ; yet these advantages, by the abridgment of those in- valuable rights and liberties, by which our growth has been nourish- ed, are in danger of being forever lost, and our subordinate legis- latures, in effect, rendered useless by the late acts of Parliament, imposing duties and taxes on the colonies, and extending the juris- diction of the courts of admiralty here, beyond its ancient limits; statutes by which your Majesty's Commons, in Britain, undertake absolutely to dispose of the property of their fellow subjects, in America, without their consent ; and for the enforcing whereof, they are subjected to the determination of a single judge, in a court unrestrained by the wise rules of the common law ; the birthright of Englishmen, and the safeguard of their persons and property. The invaluable rights of taxing ourselves, and of trial by our Peers, of which we implore your Majesty's protection, are not, we humbly conceive, unconstitutional, but confirmed by the great charter of English liberty. On the first of these rights, the honora- ble the House of Commons found their practice of originating money bills, a right enjoyed by the kingdom of Ireland, by the clergy of England, until relinquished by themselves ; a right, in fine, which all other, your Majesty's English subjects, both within and without the realm, have hitherto enjoyed. AVith hearts, therefore, impressed with the most indelible char- acters of gratitude to 3'our Majesty, and to the memory of the kings of your illustrious house, wliose reigns have been signally distinguished by their auspicious influence on the prosperity of the British dominions ; and convinced, by the most aftecting proofs of your Majesty's paternal love to all your people, however dis- tant, and your increasing and benevolent desires to promote tlieir happiness, wc most humbly beseech your Majesty, that you will be graciously pleased to take into your royal consideration, the dis- tresses of your faithful subjects, on this continent; and to lay the MASSACHUSETTS STATE PAPERS. 39 same before your Majesty's Parliament ; and to afford them such relief, as in your royal wisdom their unhappy circumstances shall be judged to require. And your petitioners, as in duty bound, will pray, &c. Signed, JAMES OTIS, ^ Commissioners from Massachusetts OLIVER PARTRIDGE, 5 Bay. HENRY WARD, > ^ . . „ »». ^ r / j METC \LF BOWLER \ ^^'^'^^^^^^^^^'^^ J^o'"^ Rhode Island. HENDRICK FISHER,' ? ^ . . „ ,, ^ JOSEPH BORDEN \ ^oiumissiowers jrom JVew Jersey, JOHN MORTON, ' ? /. • • ^ « , . GFORGF BRYAN \ Commissioners jrom Tennsylvama. CiESAR RODNEY, ? « . . . nj THOMAS M'KFAN \ Commissioners Jrom Delaware. WILLIAM MURDOCK, 1 EDWARD TILGMAN, y Commissioners from Maryland. THOMAS RINGGOLD, J fA similar petition was addressed to each House of Parliament ; but containing no new arguments, nor advancing any new princi- ples, it is thought unnecessary to publish them.] SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, SEPT. 25, 1765. Oentlemen of the Council, and Gentlemen of the House of Representatives, I HAVE called you together at this unusual time, in pursuance of the unanimous advice of a very full Council, that you may take into consideration the present state of the Province, and determine what is to be done at this difficult aud dangerous conjuncture. I need not recount to you the violences which have been committed in this town, nor the declarations which have been made and still subsist, that the act of Parliament for granting stamp duties in the British colonies shall not be executed within this Province. The ordinary executive authority of this government is much too weak to contradict such declarations, or oppose the force by which they are supported. It has therefore been found necessary to call the whole legislative power in aid of the executive government. From this time this arduous business will be put into your hands, and it will become a provincial concern. 40 MASSACHUSETTS STATE PAPERS. Upon this occasion it is my duty to state to you what will prob- ably be the consequences, if you should suffer a confirmed disobe- dience of this act of Parliament to take place. I am sensible how dangerous it is to speak out at this time, and upon this subject; but my station will not allow me to be awed or restrained in what I have to say to the General Court. Not only my duty t« the King, but my duty to the Province, my love of it, my concern for it, oblige me to be plain and explicit upon this occasion. And I hope no advocate for liberty will violate that essential and consti- tutional right, freedom of speech in General Assembly. As I desire not to dictate to you, and would avoid all appear- ances of doing it, I shall resolve what I have to recommend to your consideration into mere questions, and avoid assertions of my own in matters which are doubtful. I shall not enter into any disquisition of the policy of the act. It has never been a part of my business to form any judgment of it ; and as I have not hitherto had any opportunity to express my sentiments of it, I shall not do it now. I have only to say, that it is an act of the Parliament of Great Britain, and as such ought to be obeyed by the subjects of Great Britain. And I trust that the supremacy of that Parliament over all the members of their wide and diffused empire, never was and never will be denied -within these walls. The right of the Parliament of Great Britain to make laws for the^ American colonies, however it has been controverted in Amer- ica, remains indisputable at Westminster. If it is yet to be made a question, who shall determine it but the Parliament ? If the Par- liament declares that this right is inherent in them, are they like to acquiesce in an open and forcible opposition to the exercise of it ? Will they not more probably maintain such right, and sup- port their own authority ? Is it in the will or in the power, or for the interest of this Province to oppose such authority ^ If such opposition should be made, may it not bring on a contest which may prove the most detrimental and ruinous event which could happen to this people ? It is said that the gentlemen who opposed this act in the House of Commons, did not dispute the authority of Parliament to make such a law, but argued from the inexpediency of it at this time, and the inability of the colonies to bear such an imposition. These are two distinct questions, which may receive different answers. The power of the Parliament to tax the colonies may be admitted, and yet the expediency of exercising that power at such a time, and in such a manner, may be denied. But if the questions are blended together so as to adn\it of but one answer, the affirmation of the right of Parliament will conclude for the expediency of the act. Consider, therefore, gentlemen, if you found your applica- tion for relief upon denying the Parliament's right to make such a law, whether you will not take from your friends and advocates the use of those arguments which are most like to procure the re- lief you desire .* MASSACHUSETTS STATE PAPERS. 41 You, gentlemen of the House of Representatives, have proposed a Congress of committees from the representatives of the several colonies, to consider of a general, united, dutiful, loyal and humble representation to his Majesty and the Parliament. Are the late proceedings consistent with the dutiful, loyal and iiumble repre- sentation which you have proposed ? Will the denying the power and authority of the King and Parliament, be the proper means to obtain their favor ? If the Parliament should be disposed to repeal this act ; will they probably do it whilst there subsists a forcible opposition to the execution of it ? Is it not more probable that they will require a submission to their authority, as a preliminary to their granting you any relief ? Consider then, whether the opposi- tion to the execution of the act, has not a direct tendency to defeat the measures you have taken to procure a repeal of it, if you do not interpose to prevent it. By this act, all papers which are not duly stamped, are to be null and void ; and all persons who shall sign, engross or write any such papers, will forfeit for each fact ten pounds. If there- fore, stamps are not to be used, all public offices must be shut up ; for it cannot be expected that any officer should incur penalties much beyond all he is worth, for the sake of doing what will be null and void when it is done. I would therefore desire you to consider what eftects the stopping two kinds of offices only, the courts of justice and the custom houses, wiU have upon the generality of the people. When the courts of justice are shut up, no one ■will be able to sue for a debt due to him, or an injury done him. Must not then all credit and mutual faith cease of course, and fraud and lapine take their place .^ Will any one's person or pro- perty be safe, when their sole protector of the law is disabled to act .P Must not the hand of violence be then let loose, and force of arms become the only governing power ? Is it easy to form an adequate idea of a state of general outlawry ? And may not the reality exceed the worst idea you can form of it. If trade and navigation shall cease by the shutting up the ports of this province for want of legal clearances, are you sure that all other ports which can rival these, will be shut up also ? Can you depend upon recovering your trade again entire and undimin- ished, when you shall be pleased to resume it s' Can the people of this province subsist without navigation for any long time ^ AVhat will become of the seamen who will be put out of employ- ment } What will become of the tradesmen who immediately de- pend upon navigation for their daily bread ? Will tliese people endure want quietly without troubling their neighbors ? What will become of the numberless families which depend upon fishery ? Will they be able to turn the produce of their year's work into the necessaries of life, without navigation ? Are there not num- berless other families who do not appear immediately concerned in trade, and yet ultimately depend uponrit ? Do you think it pos- '* 6 42 MASSACHUSETTS STATE PAPERS. sible to provide for the infinite diain of the dependents upon trade who will be brought to want by the stopping it ? Is it certain that this province has a stock of provisions within itself sufficient for all its inhabitants without the usual imports ? If there should be a sufficiency in general, can it be distributed among all the in- dividuals without great violence and confusion ? In short, can this province bear a cessation of law and justice, and of trade and navigation, at a time when the business of the year is to be wound up, and the severe season is hastily approaching ? These are serious and alarming questions, which deserve a cool and dis- passionate consideration. I would not willingly aggravate the dangers which are before you ; I do not think it very easy to do it : this province seems to me to be upon the brink of a precipice; and that it depends upon you to prevent its falling. Possibly I may fear more for you than you do for yourselves ; but in the situation you now stand, a siglit of your danger is necessary to your preservation ; and it is my business to open it to you. But I do not pretend to enumerate all the evils which may possibly happen ; several, and some of no little importance will occur to you, though they have been omitted by me. In a word, gentlemen, never were your judgment and prudence so put to a trial, as they are like to be upon the present occasion. I am aware that endeavors have been or may be used to lessen my credit with you, which I have hitherto always studied to im- prove to the advantage of the province. Violences seldom come alone : the same spirit which pulls down houses attacks reputa- tions. The best men in the province have been much injured in this way : I myself have not escaped this malignity. But I shall not lower myself so as to answer such accusers : to you I shall always owe such explanations as shall be necessary to the improve- ment of a good understanding between us. However, I will take this opportunity to declare publicly, that ever since I have set in this chair, I have been constantly attentive to the true interests of this province, according to the best of my ui)derstanding, and have endeavored to promote them by all means in my power. The welfare of this people is still uppermost in my heart ; and I believe no man feels more for them than I do at this present time. Gentlemen of the House of Hepresentatives, I must recommend to you to do an act of justice, which at the same time will reflect credit on yourselves : I mean to order a compensation to be made to the sufferers by the late disturbances. Their losses are too great for them to sit down with ; one of them amounts to a very large sum. You must be sensible that it will be expected that the damages be made good ; and it will be better for you to do it of your own accord before any requisition is made to you. An estimate of these damages is made by a commit- tee of the Council pursuant to order, which will be laid before you. MASSACHUSETTS STATE PAPERS, ^^ 45 Gentlemen, I am sensible of the difficulty of the part you have to act ; it may not be sufficient for you to be convinced of the necessity of a submission to the law for the present, unless the same conviction shall be extended to the people in general. If this should be so, I can only desire you to use all means to make yourselves well ac- quainted with the exigencies of the present time ; and if you shall be persuaded that a disobedience of the act is productive of much more evil than a submission to it can be ; you must endeavor to convince your constituents of the truth of such persuasion. In such case I shall readily grant you a recess for a sufficient time, and I shall be ready to concur with you in all other legal measures to provide for the safety of the people in the best manner. FRA. BERNARD. Council Chamber, September 25, 1765. [It may be proper to observe here, that a riot took place in Bos- ton, in August, 1765, in which the custom house officers were insulted and threatened, and some of their property destroyed.] ANSWER OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S SPEECH, OCTOBER 23, 1765. May it "please your Excellency, The House of Representatives have entered into a due consid- eration of your speech to both houses at the opening of this ses- sion ; and should have earlier communicated to your Excellency our sentiments thereupon, had not the late sudden and unexpected adjournment prevented it. We must confess, that after your Excellency had called us to- gether in pursuance of the unanimous advice of a very full Coun- cil, we were in hopes you would have given the assembly time then to have considered the critical state of the province, and deter- mined what was proper to be done at so difficult and dangerous a conjuncture. Your Excellency tells us, that the province seems to be upon the brink of a precipice ! A sight of its danger is then necessary for its preservation. To despair of the commonwealth, is a certain presage of its fall. Your Excellency may be assured, that the representatives of the people are awake to a sense of its danger, . and their utmost prudence will not be wanting to prevent its ruin. We indeed could not have thought tli^t a weakness in the exec- utive power of the province had been any part of our danger, had 44r MASSACHUSETTS STATE PAPERS. not your Excellency made such a declaration in your speech. Cer- tainly the General Assembly have done every thing incumbent on them ; and laws are already in being for the support of his Majes- ty's authority in the province. Your Excellency doth not point out to us any defect in those laws ; and yet you are pleased to say, that the executive authority is much too weak. Surely you cannot mean, by calling the whole legislative, in aid of the executive au- thority, that any new and extraordinary kind of power should by law be constituted, to oppose such acts of violence as your Excel- lency may apprehend from a people ever remarkable for their loy- alty and good order ; though at present uneasy and discontented. If, then, the laws of the province for the preservation of his Ma- jesty's peace are already sufficient, your Excellency, we are very sure, need not to be told, to whose department it solely belongs to appoint a suitable number of magistrates to put those laws in exe- cution, or remove them in case of failure of their duty herein. And we hope this important trust will remain with safety to the province, where the constitution has lodged it. Your Excellency is pleased to tell us, that declarations have been made and still subsist, that the act of Parliament for granting stamp duties in the colonies, shall not be executed within this pro- vince. We know of no such declarations. If any individuals of the people have declared an unwillingness to subject themselves to the payment of the stamp duties, and choose rather to lay aside all business than make use of the stamped papers, as we are not ac- countable for such declarations, so neither can we see any thing criminal in them. This House has no authority to control their choice in this matter ; the act does not oblige them to make use of the papers ; it only exacts the payment of certain duties for such papers as they may incline to use. Such declarations may possibly have been made, and may still subsist, very consistently with the utmost respect to the King and Parliament. Your Excellency has thought proper to enumerate very minutely the inconveniencies that may arise from the stamped papers not be- ing distributed among the people ; with respect to some of which your love and concern for the province leads you to fear more for us than we do for ourselves. We cannot think your Excellency would willingly aggravate our dangers ; we are not in particular so alarmed, as your Excellency seems to be, with the apprehension of the hand of violence being let loose. Your Excellency, upon recollection, will find that all papers relative to crown matters are exempt from stamps. The persons of his Majesty's good subjects will still remain secure from injury. That spirit which your Ex- cellency tells us attacks i-eputations and pulls down houses, will yet be curbed by the law. The estates of the people will remain iguarded from theft or open violence. There will be no danger offlf lorce of arms becoming the only governing power. Nor shall we realize what your Excellency is pleased to call a state of general % # \ MASSACHUSETTS STATE PAPERS. \S^ 45 outlawry. This we think necessary to be observed, without a par- ticular consideration of all the consequences which your Excel- lency fears, to prevent, if possible, any wrong impressions from fixing in the minds of ill disposed persons, or remove them if al- ready fixed. You are pleased to say, that the stamp act is an act of Parlia- ment, and as such ought to be observed. This House, sir, has too great a reverence for the supreme legislature of the nation, to ques- tion its just authority : It by no means appertains to us to presume to adjust the boundaries of the power of Parliament ; but boundaries there undoubtedly are. We hope we may without offence, put your Excellency in mind of that most grevious sentence of excom- munication, solemnly denounced by the church, in the name of the sacred trinity, in the presence of King Henry the Third, and the estates of the realm, against all those who should make statutes, or observe them, being made contrary to the liberties of the Magna Charta. We are ready to think that those zealous advocates for the constitution usually compared their acts of Parliament with Magna Charta ; and if it ever happened that such acts were made as infringed upon the rights of that charter, they were always re- pealed. We have the same confidence in the rectitude of the pre- sent Parliament ; and therefore cannot but be surprized at an inti- mation in your speech, that they will require a submission to an act as a preliminary to their granting relief from the unconstitu- tional burdens of it ; which we apprehend includes a suggestion in it far from your Excellency's design, and supposes such a wan- ton exercise of mere arbitrary power, as ought never to be surmised of the patrons of liberty and justice. Furthermore, your Excellency tells us that the right of the Par- liament to make laws for the American colonies remains indisputa- ble in Westminster. Without contending this point, we beg leave just to observe that the charter of the province invests the General Assembly with the power of making laws for its internal govern- ment and taxation ; and that this charter has never yet been for- feited. The Parliament has a right to make all laws within the limits of their own constitution ; they claim no more. Your Excel- lency will acknowledge that there- are certain original inherent rights belonging to the people, which the Parliament itself cannot divest them of, consistent with their own constitution : am.ong these is the right of representation in the same body which exer- cises the power of taxation. There is a necessity that the subjects of America should exercise this power within themselves, other- wise they can have no share in that most essential right, for they are not represented in Parliament, and indeed we think it imprac- ticable. Your Excellency's assertion leads us to think that you are of a different mind with regard to this very material point, and that you suppose we are represented ; but the sense of the nation itself seems always to have been otherwise. Tb.e right of the col- 46 MASSACHUSETTS STATE PAPERS. onies to make their own laws and tax themselves has been never, tljat we know of, questioned ; but has been constantly recognized by the King and Parliament. The very supposition that the Par- liament, though the supreme power over the subjects of Britain universally, should yet conceive of a despotic power within them- selves, would be most disrespectful ; and we leave it to your Ex- cellency's consideration, whether to suppose an indisputable right in any government, to tax the subjects without their consent, does not include the idea of such a power. May it please your Excellency, Our duty to the King, who holds the rights of all his subjects sacred as his own prerogative ; and our love to our constituents and concern for their dearest interests, constrain us to be explicit upon this very important occasion. We beg that your Excellency would consider the people of this province as having the strongest affection for his Majesty, under whose happy government they have felt all the blessings of liberty : They have a warm sense of honor, freedom and independence of the subjects of a patriot King : they have a just value for those inestimable rights which are derived to all men from nature, and are happily interwoven in the British constitution : They esteem it sacrilege for them ever to give them up ; and rather than lose them, they would willingly part with every thing else. We deeply regret it, that the Parlia- ment has seen fit to pass such an act as the stamp act : we flatter ourselves that the hardships of it will shortly appear to them in such a point of light as shall induce them in their wisdom to repeal it : In the mean time we must beg your Excellency to excuse us from doing any thing to assist in the execution of it : Were we, in order to avoid assertions, to resolve what we haveto say on this head into mere questions, we should with all humility ask, whether it would be possible for us to add any weight to an act of that most august body the Parliament ? whether it would not be construed as arrogance and presumption in us to attempt it ? whether your Ex- cellency can reasonably expect that the House of Representatives should be active in bringing a grievous burden upon their constitu- ents ? Such a conduct in us would be to oppose the sentiments of the people whom we represent, and the declared instruction of most of them. They complain that some of the most essential rights of Magna Charta, to which as British subjects they have an undoubted claim, are injured by it : that it wholly cancels the very conditions upon which our ancestors settled this country, dnd en- larged his Majesty's dominions, with much toil and blood, and at their sole expense : that it is totally subversive of the happiest frame of subordinate, civil government, expressed in our charter, which amply secures to the Crown our allegiance, to the nation our connection, and to ourselves the indefeasible rights of Britons : that it tends to destroy that mutual confidence and affection, as MASSACHUSETTS STATE PAPERS. 47 well as that equality which oudit ever to subsist among all his Ma- jesty's subjects in his wide and extended empire : that it may be made use of as a precedent for their fellow subjects in Britain for the future, to demand of them what part of their estates they shall think proper, and the whole if they please : that it invests a single judge of the admiralty, with a power to try and determine their property in controversies arising from internal concerns, without a jury, contrary to the very expression of Magna Charta ; that no freeman shall be amerced, but by the oath of good and lawful men of the vicinage : that it even puts it in the power of an informer to carry a supposed offender more than two thousand miles for trial ; and what is the worst of all evils, if his Majesty's Ameri- can subjects are not to be governed, according to the known stated rules of the constitution, as those in Britain are, it is greatly to be feared that their minds may in time become disaffected ; which we x;annot even entertain the most distant thought of without the greatest abhorrence. We are truly sorry that your Excellency has never made it a part of your business to form any judgment of this act ; especially as you have long known what uneasiness the most distant prospect of it gave to his Majesty's good subjects in America, and of this province, of which you are substituted to be the head and father. Had your Excellency thought it proper to have seasonably entered into a disquisition of the policy of it, you would, we doubt not,have seen tliat the people's fears were not with- out good foundation ; and the love and concern which you profess to have for them, as well as your duty to his Majesty, whose faith- ful subjects they are, might have been the most powerful motives to your Excellency to have expressed your sentiments of it early enough to those Avhose influence brought it into being. "VVe cannot help expressing our great uneasiness, that after men- tioning some violences committed in the town of Boston, your Excellency should ask this tlouse, whether such proceedings are consistent with the dutiful, humble and loyal representations which Ave propose should be made. We are sure your Excellency will not expressly charge us with encouraging the late disturbances ; and yet to our unspeakable surprise and astonishment, we cannot - but see, that by fair implication it may be argued Wkm the man- ner of expression, that an odium was intended to be thrown on the province. We inherit from our ancestors the highest relish for civil liberty ; but we hope never to see the time when it shall be expedient to countenance any methods for its preservation but such as are legal and regular. When our sacred i-i^hts are in- fringed, we feel the grievance, but we understand the nature of our happy constitution too well, and entertain too high an opinion of the virtue and justice of the supreme legislature, to encourage any means of redressing it, but what are justifiable by the consti- tution. We must therefore consider it as unkind for youi^ Excel- lency to cast such a reflection on a province whose unshaken •iS* 48 MASSACHUSETTS STATE PAPERS. loyalty and indissoluble attachment to his Majesty's most sacred person and government was never before called in question, and we hope in God never vv^ill again. We should rather have thought your Excellency would have expressed your satisfaction in pre- siding over so loyal a people, who in that part of the government where the violences were committed, before there was time for them to be supported by the arm of civil power, and even while the supreme magistrate was absent, by their own motion raised a spirit and diffused it through all ranks, successfully to interpose and put a stop to such dangerous proceedings. Your Excellency is pleased to recommend a compensation to be made to the suiFerers by the late disturbances. We highly disap- prove of the acts of violence which have been committed ; yet till we are convinced that to comply with what your Excellency re- commends, will not tend to encourage such outrages in time to Gome, and till some good reason can be assigned why the losses those gentlemen have sustained should be made good, rather than any damage which other persons, on any other different occasions^ might happen to sufter, we are persuaded we shall not see our way clear to order such a compensation to be made. We are greatly at a loss to know who has any right to require this of us, if we should differ from your Excellency in point of its being an act of justice, which concerns the credit of the government. We cannot con- ceive why it should be called an act of justice, rather than gene- rosity, unless your Excellency supposes a crime committed by a few individuals, chai'geable upon a whole community. We are very sorry that your Excellency should think it needful to intimate that any endeavors have been, and may be used, to lessen your credit with this House. Your Excellency cannot but be sensible that when the popular pulse beats high for privileges, it is no unusual thing for a clamor to be raised against gentlemen of character and eminence. We can assure you that our judgment of men, especially those in high stations, is always founded upon our experience and observation. While your Excellency is pleased to make your duty to our most gracious Sovereign, and a tender regard to the interest of his subjects of this province, the rule of your adminilfration, you may rely upon the readiest assistance that this house shall be able to afford you. And you will have our best wishes that you may have wisdom to strike out such a path of conduct, as, while it secures to you the smiles of your Royal Mas- ter, will at the same time conciliate the love of a free and loyal people. [The Session in September lasted only three days ; and the Court met again October 21. The answer was prepared by S. White, (the speaker,) T. Gushing, S. Dexter, J. Lee, Capt. SheafFe, Gen. Winslow, T. Gray, and Mr. Foster, of Plymouth.] MASSACHUSETTS STATE PAPERS. 49 MESSAGE OF GOVERNOR BERNARD, TO THE TWO HOUSES, RESPECTING STAMPS, SEPTEMBER 26, 176J. Gentlemen of the Council, and Gentlemen of the House of Representatives^ A SHIP is arrived in this harbor with stamped papers on board for tlie King's use in this province ; and also with other papers for the like use in the province of New Hampshire and colony of ilhode Island. As Mr. Oliver has declined the office of distributor of stamped papers, and cannot safely meddle with what are arrived, the care of them devolves to this government, as having a general charge of the King's interest within it. I have already laid this matter before the Council, and they have referred it to the General Court. I therefore now apply to you, jointly, to desire your advice and assistance, in order to preserve the stamped papers designed for this government, being the King's property of very considerable value, safe and secure for his Majes- ty's further orders. I must also desire you at the same time to consider of the like preservation of the stamped papers designed for New Hampshire and Rhode Island, if the distributors appointed for those govern- ments should decline taking charge of them, as in such case the care of them will devolve to this government equally with the others. FRA. BERNARD. Council Chamber, September 25, 1765. ANSWER OF THE TWO HOUSES, TO THE FOREGOING- MESSAGE, SEPTEMBER 26, 1765. ortance of the subject deserves. When the fate of the province seems to hang upon the result of your present de- liberations, my anxiety for the event, I hope, will make my warmth excusable. If 1 have let drop any w6rd, which may seem severe or unkind, let the cause I am engaged in, apologize for it ; and where the intention is upright, judge of what I say, not by detach- ed words or syllables, but by its general purport and meaning. I have always been desirous of cultivating a good understanding with you. And when I recollect the former happy times, when I scarce ever met the General Court, without giving and receiving testimonies of mutual approbation, I cannot but regret the inter- ruption of that pleasant intercourse, by the successful artifices of designing men, enemies to the country, as well as to me. But now, that my character for affection to the province, and attention to its interests, is confirmed by the most authentic testimonials, I hope that at the same time, you renew your duty to the King, you will resume a confidence in his representative. FRA. BERNARD. ANSWER OF THE COUNCIL TO THE GOVERNOR'S SPEECH, AT THE OPENING OF THE PRESENT SESSION, AND TO HIS SPEECH OF THE THIRD INSTANT, JUNE 7, 1766. May it please your Excellency, ^ The Board having taken into consideration your two speech- es, beg leave to return our warmest congratulations on the repeal of the stamp act ; an event that has created the greatest and most universal joy which was ever felt on the continent of America ; and which promises the most happy fruits to Great Britain, from the growing prospect and grateful affection of her colonies. Not insensible of the difficulties which have attended this important affair, and the dangers, which, not only this province, but all MASSACHUSETTS STATE PAPEHS, 85 America have escaped, we assure your Excellency, that nothing shall be wanting- on our part, which may contribute towards a pro- per improvement of this happy event, and the promoting so desir- able an object as domestic peace. From such a disposition, we cannot but take notice, with regret, of any thing, which threatens to draw the least cloud over the present general joy. It is with pain we express our apprehension, that your Exceliency's speech may tend to lead some, who are not acquainted with the state of the province, to entertain such an opinion of the government, or the people, or both, as they do not deserve. When your Excel- lency is pleased to mention " inflammations, distractions, infatua- tions, and the fury of the people," you seem to refer to some enormities committed by unknown and abandoned persons, in a time of universal uneasiness and distress. But your Excellency cannot mean to impute these enormities, justly abhorred by all ranks among us, to the body of this people, or any branch of the governmentv. Detestable as they are, they can never lessen the reputation ofthis province ; nor doth it need a veil on this occa- sion. Villains are to be found in the best communities on earth ; and whatever excesses may have happened in America, under our late distressing apprehensions, the relief kindly granted us, demon- strates that our most gracious Sovereign, and the British Parlia- ment, knew how to distinguish the complaints and dutiful remon- strances of loyal subjects, who thought themselves aggrieved, from the violences of a profligate rabble. Notwithstanding the intima- tions dropped from your Excellency, we are sure no ill temper generally prevails among us ; nothing that can lead the Parlia- ment to repent its indulgence to us ; nothing that can afford just matter of triumph to those who were for maintaining the stamp act, nor of sorrow and concern to those who procured its repeal. Your Excellency is pleased further to say, " when the govern- ment is attacked in form, when there is a professed intention to deprive it of its best and most able servants, whose only crime is their fidelity to the Crown, I cannot be inditferent ; but find my- self obliged to exercise every legal and constitutional power to maintain the King's authority against this ill judged and ill timed oppugnation of it." Whatever might have been your Excellency's intention, this is, according to the more obvious meaning of your expressions, a heavy charge, in which no particular persons, or any order of men are specified, delivered in a speech to both Houses of Assembly, and which the world is left to place where it pleases. Your Excellency expressly says, there has been an attack upon government in form; and an ill judged and ill timed oppugnation of the King's authority. A regard to our own character, to truth and justice, and the reputation of the province, in which we have the honor to serve his Majesty, oblige us to speak upon this point ivith a freedom, in which we are far from meaning the least disre- 86 MASSACHUSETTS STATE PAPERS. spect to your Excellency. Silence, upon such an occasion, would merit the imputation, which some may be ready, from your man- ner of expression, to lay upon us, and would prove us equaJly un- worthy of the choice which has been made of us, and your Excel- lency's approbation. Have, then, the people of this province been guilty of an attack upon government in form, or of any oppugnation of the King's authority ? We declare to your Excellency, we know of no such tiling. The people, ever loyal to the best of Sovereigns, and sensible of their felicity in connexion with, and subordination to, the mother country, have given new and unaf- fected testimony that these happy dispositions have increased in all orders, upon the indulgence granted to them. They have re- joiced, with the highest marks of honor and gratitude to the King, to both Houses of Parliament, and to our friends and patrons in Great Britain. They continually demonstrate a natural and warm aftection to the country from which they derive, and by which they have been protected and cherished. It has been no small addition to the joy of the wise and sober upon the late great occasion, that quite through the province good order and decorum have happily been preserved ; and it is to the honor of that gracious Prince, under whose government, all ranks among us account themselves happy. And we think it of peculiar importance, at the present season, to the people of this province, that they be viewed in this light. Your Excellency will, therefore, allow us to bear this pub- lic testimony ; a testimony which may perhaps appear the more disinterested, as it comes from those who are not their more im- mediate representatives. In the above cited passage, and in a great part of your speech, if your Excellency had a particular re- ference to the transaction of both Houses in the late election of , Counsellors, we beg leave to assure your Excellency, that we know of nothing done by the General Assembly on tliat day, which can, with any shadow of propriety, be deemed an attack upon govern- ment, or an oppugnation of the King's authority. Every part of the Legislature has acted in its proper place, and exerted those powers only with which they were entrusted by charter. No branch has usurped, or interfered with, the right of another. Diversity of sentiment respecting men and measures, and colli- sions of parties are common in all free governments. Some elec- tions have been made, which your Excellency Jias signified your disapprobation of; and it has had its effect. No one having called in question your right to negative such elections, or opposed you in tJie "exercise of this branch of your authority. It would be im- proper to deliver our opinion of the expediency of any instances in which your Excellency and the two Houses of Assembly have exerted the several powers which respectively belonged to each. But we are obliged to assert, that nothing has taken place but what has been constitutional and according to the charter. And we are persuaded your Excellency, upon reflection, will not think that an MASSACHUSETTS STATE PAPERS. 87' election duly made, though disagreeable to the chair, deserves to be called a formal attack upon government, or an oppugnation of the King's authority. And should any thing like this be ever at- tempted, your Excellency would find this Board zealous to defend our Sovereign's honor and the constitutional power of his represen- tative. We beg leave to assure your Excellency, that Ave shall heartily join with you in healing divisions and burying animosities, should they arise ; and that we shall cheerfully contribute all our power to the peace and honor of your administration. May it please your Excellency, The letter from the right honorable Mr. Secretary Conway, to your Excellency, accompanying your second speech from the chair, affords us a most agreeable occasion of repeatedly declaring the strong sentiments of respect and gratitude, with which we regard the lenity and tenderness already so remarkably manifested on the part of his Majesty and the Parliament, to the American colo- nies, and the prospect given us of some additional indulgencies ; for all which it will be our pleasure, as it must be our glory, to make the most dutiful and affectionate returns. These are the dispositions which have uniformly influenced this Board, before we saw this letter, so happily adapted to confirm us in them. And we beg leave to assure your Excellency, that from these disposi- tions we shall continue to act. There are several paragraphs in your Excellency's speeches, which have been construed to bear hard on the gentlemen, who now constitute the Board ; but your explanation of them in Coun- cil, and your repeated declarations, that you had no such intention, have given satisfaction to the Board. We again beg leave to assure your Excellency, that our best abilities shall be faithfully employed in promoting his Majesty's honor and interest, and in making every part of your administra- tion easy and happy ; and such testimonies of your conduct, as are contained in Mr. Secretary Conway's letter, will not suffer us to conclude, without recognizing your Excellency in the united character of a true friend to the province, and a faithful servant to the Crown. [The committee who reported the above, were W. Brattle, J. Bowdoin, H. Gray, N. Ropes, and R. Tyler ; and the committee who presented it, were W. Brattle. G. Bradford, T. Fhicker. J, Powell, and J. Pitts.1 88 MASSACHUSETTS STATE PAPERS. ANSWER OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S SPEECH, JUNE S, 1766, May it please your Excellency^ The House have fully considered your Excellency's speech of the third instant, and beg leave to observe, that as on the one hand no consideration shall ever induce us to remit in the least our loyalty and gratitude to the best of Kings, so on the other, no un- provoked asperity of expression on the part of your Excellency can deter us from asserting our undoubted charter rights and pri- vileges. One of the principal of those is, that of annually choosing his Majesty's Council for this province. Had the most excellent letter from one of his Majesty's princi- pal Secretaries of State, which has been communicated to the House, arrived sooner, it could not have prevented the freedom of our elections ; nor can we, on the strictest examination of the transactions of the day of our general election, so far as the House was concerned, discover the least reason for regret. So long as we shall have our charter privileges continued, we must think our- selves inexcusable, if we should sufter ourselves to be intimidated in the free exercise of them. This exercise of our rights can never, with any color of reason, be adjudged an abuse of our liberty. Lest we should be at a loss for the proceedings and transac- tions which have given your Excellency so much uneasiness, you have been pleased to inform us, in express terms, that you " mean the excluding from the King's Council the principal Crown Offi- cers j men not only respectable in themselves for their integrity, their abilities and their fidelity to their country, as well as to their King, but also quite necessary to the administration of government in the very station from whence we have displaced them." Had your Excellency thought fit to have favored us with your senti- ments and opinion of the candidates previously to the election, it could not have more arrested our attention as a breach of our privi- leges ; and it would surely be as proper to give intimations of this kind before, as now the business is past a remedy, for this year at least. The Assembly of another year will act for themselves, or under sucli influence and direction as they may think fit. The two Crown Officers who were of the Honorable Board the last year, and not chosen this, are the Lieutenant Governor and Sec- retary. The other gentlemen of the Board last year, who are not chosen this, hold only provincial commissions. This province has subsisted and flourished, and the administration of government has been carried on here entirely to the royal approbation, when no Crown Officers had a seat at the Board, and we trust this may MASSACHUSETTS STATE PAPERS. 89 be the case again. We find not in the Secretary of State's letter the least intimation that it was expected by his Majesty or his Ministry, that we should elect into his Majesty's Council the principal, or indeed any other Crown Officers. For any thing that appears in the letter, we are left entirely to llie exercise of our own judgment and best discretion in making our elections agreeably to the royal charter. If it is not now in our power in so full a manner, as will be ex- pected, to show our respectful gratitude to the mother country, or to make a dutiful, affectionate return to the indulgence of the King and Parliament, it shall be no fault of ours ; for this we in- tend and hope, we shall be able fully to effect. We cannot persuade ourselves that it must and will be under- stood that those gentlemen were turned out, as your Excellency is pleased to express it, for their deference to acts of the British Legislature. We have given the true reason of this proceeding in our answer to your Excellency's first speech of this session." We are under no apprehension that when the true grounds and reasons of our proceedings are known and candidly considered, we shall be in the least degree chargeable with unthankfulness and dissatisfaction on ground of former heat and prevailing preju- dice, or on any other ground. Your Excellency says, " it is impossible to give any tolerable coloring to this proceeding." The integiity and uprightness of our intentions and conduct is such, that no coloring is requisite, and therefore we shall excuse ourselves from attempting any. We hold ourselves to b,e quite free in our suffrages ; and provided we observe the directions of our charter, and the laws of the land, both which we have strictly adhered to, we are by no means ac- countable but to God and our own consciences for the manner in which we give them. We believe your Excellency is the first Governor of this province tliat ever formally called the two Houses of Assembly to account for their suffrages, and accused them of ingratitude and disaffection to the Crown, because they had not bestowed them on such persons as in the opinion of the Governor, were quite necessary to the administration of government. Had your Excellency been pleased in season to have favored us with a list, and positive orders whom to choose, we should, on your prin- ciples have been without excuse. But even the most abject slaves are not to be blamed for disobeying their master's will and pleas- ure when it is wholly unknown to them. Your Excellency says, " If it should be justified by asserting a right, that is, a legal power to choose whom we please, without re- gard to any considerations whatever, the justification itself will tend to impeach the right." We clearly assert our charter rights of a free election. But for your Excellency's definition of this right, viz. " a legal power to choose whom we please, without regard to any considerations whatever," we contend not. ^^'e liuide our 12 90 MASSACHUSETTS STATE PAPERS. elections after the most mature and deliberate consideration, and had special regard to the qualifications of the candidates, and all circumstances considered, chose those we judged most likely to serve his Majesty, and promote tlie welfare and prosperity of his people. We cannot conceive how the assertion of our clear char- ter right of free election can tend to impeach that right or charter. We would hope that your Excellency does not mean open and publicly to threaten us with a deprivation of our charter privileges, ' merely for exercising them according to our best judgment and discretion. As to us, as our charter is, we should think it of very little value, if it should be adjudged that the sense and spirit of it require the electors should be under the absolute direction and control of the Chair, even in giving their suffrages. For whatev- er may be our ideas of the wisdom, prudence, mildness and mod- eration of your administration, of your forgiving spirit, yet we are not sure your successor will possess those shining virtues. We are very sensible that be our right of election ever so clear and absolute, there is a distinction between a right and the pro- priety of exercising it. This distinction we hope, will apply itself with full force, and all its advantage to your Excellency's reluct- ant exertion of the prerogative in disapproving six of the gentle- men chosen by the two Houses of Assembly. But this being a matter of discretion, is solely within your Excellency's breast, and we are taught by your just distinction, that such is the gift of suffrages. It therefore gives us great pain to have our discretion questioned, and our public conduct thus repeatedly arraigned. Your Excellency has intimated your readiness to concur with us in any palliative or expedient to prevent the bad effects of our elections, which you think must surely be very hurtful to the province, if it should be maintained and vindicated. But, as we are under no apprehensions of any such effects, especially when we reflect on the ability and integrity of the Council your Excel- lency has approved of, we beg leave to excuse ourselves from any unnecessary search after palliatives or expedients. We thank your Excellency for your kind assurances of " using all means to save the credit of this province." But we conceive that when the true state of the province is represented and known, its credit can be in no kind of danger. The recommendation en- joined by Mr. Secretary Conway's letter, and in consequence thereof made to us, we shall embrace the first convenient oppor- tunity to consider and act upon. In the mean time cannot but observe, that it is conceived in much higher and stronger terms in the speech than in the letter. Whether in thus exceeding, your Excellency speaks by your own authority, or a higher, is not with us to determine. However, if this recommendation, which your Excellency terras a requisition, be founded on " so much justice and humanity that it cannot be controverted :" If " the authority with whicji it is I MASSACHUSETTS STATE PAPERS. 91 introduced should preclude all disputation about complying with it," we should be glad to know what freedom we have in the case. In answer to the questions which your Excellency has proposed with so much seeming emotion, we beg leave to declare, that we will not suffer ourselves to be in the least influenced by party an- imosities or domestic feuds, let them exist where they may : that if we can possibly prevent it, this fine country shall never be ru- ined by any person : that it shall be through no default of ours,, should this people be deprived of the great and manifest advanta- ges which the favor and indulgence of our most gracious Sovereign and his Parliament are even now providing for them. On the contrary, that it shall ever be our highest ambition, as it is our duty, so to demean ourselves in public and private life, as shall most clearly demonstrate our loyalty and gratitude to the best of Kings, and thereby recommend this people to further gracious marks of the royal clemency and favor. With regard to the rest of your Excellency's speech, we are sorry we are constrained to observe, that the general air and style of its savors much more of an act of free grace and pardon, than of a parliamentary address to the two Houses of Assembly ; and we most sincerely wish your Excellency had been pleased to re- serve it (if needful) for a proclamation. [The committee who prepared this answej', were T. Gushing, (the Speaker,) Mr. Otis, Major Hawley, Mr. Saunders, Col. O. Partridge, S. Adams, and Col. Bowei's.] ADDRESS OF THANKS FROM THE HOUSE OF REPRESENTATIVES TO THE KING, FOR HIS ASSENT TO THE REPEAL OF THE STAMP ACT, JUNE 19, 1766. Most Gracious Sovereign, Your Majesty's most faithful subjects, the Representatives of your province of Massachusetts Bay, in New England, under the deepest sense of duty and loyalty, beg leave humbly to ap- proach the throne, and to express their warmest gratitude, that your Majesty has been pleased, in Parliament, to give your royal assent to the repeal of the American stamp act. This is a repeated instance of your royal clemency, and affords a fresh and affecting testimony of your Majesty's unremitted and indulgent attention to the welfare and happiness of all your subjects. Your Majesty will allow us, with the greatest grief and anxiety, to express our apprehension, that your American subjects may 92 MASSACHUSETTS STATE PAPERS. have been represented to your Parliament as having manifested some kind of disaffection to their constitutional dependence on the parent country; and as disposed to take occasion from the len- ity and tenderness of your Majesty and the Parliament, to abate of their respect and submission to the supreme legislative author- ity of Great Britain. Permit us, with all humility, to assure your Majesty of the great injustice of any such representations. Your subjects of this province, and we doubt not of the whole continent of America, are too sensible of the blessings they enjoy under your mild and gracious government, to admit the idea of such a temper and con- duct, without abhorrence. They esteem their connexion with their fellow subjects in Great Britain, and a constitutional subor- dination to your Parliament, their great privilege and security. Happy in the full possession of our rights and liberties under your Majesty's propitious government, we never can be wanting in re- turns of duty and the most grateful affection. Such, may it please your Majesty, are our dispositions ; and we beg leave to assure your Majesty, that we shall ever esteem it our glory to cultivate, as far as our influence may extend, all sen- timents of loyalty and affection to your Majesty's personal gov- ernment, and to maintain a happy harmony between your subjects of Great Britain and those of your American colonies. (Signed) T. GUSHING, Speaker. [The committee by whom this address was prepared, were the Speaker, (Mr. Gushing,) Mr. Otis, Mr. Worthington, Mr. Adams, Mr. Dexter, and 0. Partridge.] VOTE OF THANKS OF THE HOtrSE OF REPRESENTATIVES TO DIVERS NOBLEMEN AND GEN- TLEMEN, IN ENGLAND, FOR THEIR EFFORTS IN PROCURING A REPEAL OF THE STAMP ACT, JUNE 20, 1766. Upon a motion made and seconded, resolved, unanimously, that the most grateful acknowledgments of this House be made to the right honorable William Pitt, Esq. for his noble, and generous efforts, in the present session of Parliament, in favor of the British colonies ; and particularly for the display of his great abilities, and his assiduous and successful endeavors, in procuring an act for the repeal of tlie stamp act ; and that the Speaker be desired, by the first opportunity, to transmit to him a letter accordingly. Resolved, unanimously, that the most sincere thanks of this House be given to his grace, Augustus Henry, Duke of Grafton, MASSACHUSETTS STATE PAPERS. 93 one of his Majesty's principal Secretaries of State, &c. for his no- ble and generous patronage of the British colonies. And that a copy of this vote be transmitted to his grace, in the most respect- ful manner, by the Speaker. The House also unanimously passed a vote of thanks, in the same tenor, severally to. His grace, Philip Dorsett, Earl of Chesterfield, Lord Stanhope ; his Grace, Thomas Pelham, Duke of Newcastle ; his Grace, Charles, Duke of Richmond; the right honorable Robert Earl, of North- ington. Lord High Chancellor of Great Britain ; the right honora- ble Henry Seymore Conway, Esq. one of his Majesty's principal Secretaries of State ; the right honorable Charles Watson, Mar- quis of Rockingham, first Lord Commissioner of his Majesty's treasury ; the right honorable George Onslow ; the right honora- ble Charles Townsend ; the right honorable William, Earl of Shelburne ; the right honorable Charles, Earl of Campden ; the right honorable William, Earl of Dartmouth ; the right honorable John, Earl of Egmont ; the right honorable George, Duke of Pom- fret ; the right honorable Vere Poulett, Earl Poulett; the right honorable George, Lord Edgcumb ; the right honorable William Dowdswell, Esq. Chancellor of his Majesty's Exchequer -, Sir George Saville, Baronet, member of Parliament, for Yorkshire ; Sir William Meredith, Knight, member of Parliament, for Liver- pool ; the right honorable Arthur Onslow, Esq. ; the honorable George Howard, Esq. member of Parliament, and General in his Majesty's army ; the honorable Isaac Barre, Esq. member of Par- liament, and Colonel in his Majesty's army ; Sir William Baker, Knight, member of Parliament ; and George Cooke, Esq. member of Parliament. Bber iM^» ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOVERJfOR'S SPEECH OF JUNE 3, RESPECTING COMPENSATION TO THOSE WHO SUFFERED IN THE RIOTS OF AUGUST 1765....JUNE 25, 1756. [The Governor's speech of May 29, and of June 3, 1766, refer to the subject, and recommend the House of Representatives to provide for their remuneration ; as will be seen by a perusal of those speeches. June 24, 1766, the House appointed a committee to prepare a message to the Governor in answer to that part of his speech which recommends such compensation. The committee consisted of Mr. Gushing, (the Speaker.) S. Adams, S. Dexter, ^ 94 MASSACHUSETTS STATE PAPERS. Col. Richmond, and Capt. Saunders. On the 25th of June the committee reported the following, which was adopted.] May it please your Excellency, The House of Representatives have duly attended to that part of your Excellency's speech which had reference to a full, and ample compensation to be made to the sufferers in the late dis- turbances. Wc are sensibly affected with the loss they have sustained, and have the greatest abhorrence of the madness and barbarity of those persons who were the instruments of their sufferings. Noth- ing shall be omitted by us, in our department, to bring the perpe- trators of so horrid a fact to exemplary justice ; and if it be in their power, to a pecuniary restitution of all damages. But, may it please your Excellency, as a compliance with your Excellency's recommendation to the Provincial Assembly, to make up their losses, appears to this House, not as an act of justice, but rather of generosity, they are in doubt, wiiether they have any authority to make their constituents chargeable with, without their express consent. The House, therefore, beg leave to acquaint your Ex- cellency, that they have thought it their duty to refer the consid- eration of this matter to the next sitting of the General Court, that the members may have the opportunity of taking the minds and instructions of their several towns thereon. MESSAGE OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES,, JUNE 27, 1766. Gentlemen of the House of Rejjresentatives, As your reasons for not complying at present with what has been recommended to you by order of the King, with the advice of his Parliament, on the behalf of the sufferers in the late distur- bances, will probably be canvassed with great precision, it will be proper that the intendment of them should be as certain as may be. I should, therefore, be glad to know whether I must under- stand from your message of yesterday, that it is your opinion that a detection of the perpetrators of the late mischiefs is necessary to entitle the sufferers to a compensation for their losses. It appears to be the gracious intention of the King and Parlia- ment, that a veil should be cast over the late disturbances, pro- vided it be covered bv a general and uniform dutiful behavior for ■w>v MASSACHUSETTS STATE PAPERS. 95 the future. But it is certainly no less their firm and resolute pur- pose, that the sufferers by these disturbances shall have a full and ample indemnification made to them. And this business has been committed to you upon principles of humanity and justice, rather than of mere generosity'. If you think, that an inquiry into the promotion and perpetra- tion of the late disorders a necessary preliminary to determine, from whom the charge of the compensation shall finally come, and shall pronounce for the expediency of such an inquiry, you will certainly be assisted by the Governor and Council in the prosecu- tion of it. And I dare say it will be no difficult work to trace this matter to the bottom.* But in the mean time, I fear the King and Parliament will think their intimations disregarded, by your proposing an inquiry now, after it has been neglected for nine months past : during all which time the House have had this very business of indemnifications under their consideration. They expect from you, that the suf- ferers shall be indemnified at all events, M'hether the offenders are discovered or not, or whether they are able to pay tlie damages or not ; and seem to be more intent upon indemnification than upon punishment. I, therefore, wish for the sake of the province, whose interests, and especially those of its trade, are now in a very nice balance, and for the sake of this town, whose respectable inhabitants have already suffered much in the opinion of the world, for having been tame spectators of the violences committed in it; that you would remove this disgrace without the least delay, by ordering the in- demnification immediately to be made upon the credit of those whom you shall hereafter judge to be chargeable with it. When this is done, there can be no objection to your postponing the con- sideration, on whom this money ought ultimately to be laid, to what time you please. And there is no doubt but that any inquiry, which you shall think fit to make for this purpose, will be as effi- cacious as you can desire. FRA. BERNARD. • The House ajipointed a committee, viz. Gen. Ruggles, Mr. Hall, Mr. Sheaffe. and Mr. Hancock, to wail on the Governor, and desire liim to acquaint them whether he had any light whereby the House might come to a knowledge of the rioters of last year ; wlio re- ported, that the Governor was pleased to inform tliem, that he heard many hints and some few persons named; that he had not taken any minutes respecting the matter ; but if the House were disposed to sit into the next week, he would recollect what had occurred to him on the subject, and acquaint such a committee of secrecy, as the House might think proper to appoint, with all he knew of the matter. A committee was accordingly appointed by the House, to sit in the recess of the Court, and make inquiry into the riots committed in August, 1765, with power to send for persons and papers ; and that the matter of their inquiry be kept a secret, till they should make a report to the House. The Court was adjourned, June 28, and convened again by the Governor, October 29 ; and on the 30th, the committee afore- mentioned reported, that July 9th, they waited on his Excellency to receive that assistance, which he was pleased to propose to the House, in his message, last session. He, therefore, called the Council together. The committee offered to hear and receive any information from the Governor and Council, respectiog the riotj. But none was couuuuaicated ; an4 the Council was ac^ourned without day. 96 MASSACHUSETTS STATE PAPERS. ANSWER OF THE HOUSE OF REPRESENTATIVES, TO THE ABOVE MESSAGE FROM THE GOVERNOR, JUNE 28, 1766. May it phase your Excellency^ The House have duly attended to your Excellency's message of the 27th inst. We are fully sensible of the goodness of the King and Parliament ; and agree with your Excellency, that it appears to be their gracious intention that a veil should be drawn over the late disturbances. And we hope our behavior will al- ways be such as to merit their approbation. Sir, the House are ever attentive to the applications of persons of every rank, whose case justly claims their consideration. But as the sufferers, whom we apprehend your Excellency refers to, have never applied to this House in a parliamentary way for relief, we are humbly of opinion, that we have done all at present that our gracious Sovereign and his Parliament can reasonably expect from us. But to shew our regard to every thing recommended by the King and Parliament, we have appointed a committee to sit in the recess of the Court, to make a thorough inquiry into the riots committed in August last, and to discover the persons concerned therein, as far as may be. For the effectuating which business, we d§ubt not but we shall be aided by your Excellency and his Majesty's Council. - And further, would acquaint your Excellency, that the House have passed a resolve to take the report of this committee under consideration, at the beginning of the next session of this Court, and act thereon what shall appear to them to be just and reasona- ble. Your Excellency is pleased to enforce the immediate compliance of the House with this requisition, by an argument drawn from a regard to the town of Boston, the reputation of whose inhabitants your Excellency says has already suffered much for having been tame spectators of the violences committed, and that this disgrace would be removed thereby. We see no reason why the reputa- tion of that town should suffer in the opinion of any one, from all the evidence which has fallen under the obsei-vation of the House. Nor does it appear to us how a compliance would remove such disgrace, if that town had been so unhappy as to have fallen un- der it. MASSACHUSETTS STATE PAPERS. 97 SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, OCTOBER 29, 1766. Gentlemen of the Council, and Gentlemen of the House of Representatives, I HAVE thought proper to call you together, that you may have an opportunity to give a positive ansv/er to what I recommended to you, by order of his Majesty, last session; as it will be ex- pected of me that it be reported to his Majesty before the opening of the business of the next year ; and 1 heartily wish it may be such as will answer the expectations and desires of your friends in Great Britain. For my own part, I shall upon this occasion, as upon all others, make the best use of the means you shall put in my hands to promote the honor and reputation of the province. As you are called together for this business only, when it is finished, I shall have no objection to your returning home, until the usual time of opening the winter session. FRA. BERNARD. Council Chamber, October 29, 1766. ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE SPEECH, NOVEMBER 11, 1766. May it please your Excellency, Your speech to both Houses at the opening of the present session, has been repeatedly under the most deliberate considera- tion of the House of Representatives. It was indeed, sir, with great reluctance, that the House found themselves under the necessity of having recourse to your former speech and message upon this occasion ; but as you are pleased to refer us to them without saying any thing to qualify them, the House cannot help observing, that the manner in which your Excellency has repeatedly proposed a compensation to the sufferers, has been derogatory to the honor of the House, and in breach of the privi- leges thereof. That the terms you have made use of, have been essentially different from those, dictated to you, by his Majes- ty's express command, signified in a letter from his Secreta- ry of State. That they tended to weaken the inherent, uncon- 13 98 MASSACHUSETTS STATE PAPERS. trolable right of the people, to dispose of their own money to such purposes as they shall judge expedient, and to no other. And that, under these apprehensions, it is not improbable, some of the towns may have framed their instructions to their Representatives against a compensation out of tlie public treasury. The House, however, with the most dutiful and profound re- spect, have attended to his Majesty's most gracious and mild recommendation ; and observe that it is his pious and benevolent intention, that not only a compensation should be made to the suf- ferers, in the late times, but also that a veil be drawn over every disgraceful scene, and to forgive, and even to forget, the undutiful behavior of any of his subjects, in those unhappy times. Confirmed in the opinion, that an indemnification of the offend- ers is of equal importance and necessity with the making compen- sation to the sufferers, and being ever ready, with the utmost cheerfulness, to unite their endeavors in promoting the wise and gracious purposes of their rightful Sovereign ; in conformity to ithe spirit of Mr. Secretary Conway's letter, the House have framed a bill, entitled " An act for granting compensation to the sufferers, and general pardon, indemnity and oblivion to the offenders, in the late times."* This bill tliey have ordered to be published for the consideration of the several towns, aud humbly pray your Excellency would please to give them a recess for that purpose. [Major Hawley, Mr. Dexter, Col. Bowers, Mr. Adams, and Major Johnson, were the committee who prepared the above an- swer.] SPEECH OF GOVERNOR BERNARD TO THE HOUSE OF REPRESENTATIVES, NOVEMBER 13, 1766. Gentlemen of the House of Representatives, In the letter of the Earl of Shelburne, which I laid before you, you have a second testimony from another of his Majesty's Secre- taries of State, of the tenderness and affection towards the people under my government, with which I have conducted myself during * The said bill passed to be enacted, December 6, 1766. The preamble was as follows : " Whereas the King's most excellent Majesty, from a hearty and pious desire that the suffer- ers in the late riots should be compensated, and that a veil may be drawn over the late un- Iiappy excesses, has been graciously pleased to signify his intention to forgive and forget them; at the same time of his abundant clemency, recommending a conipensation to the sufferers, &c. from a grateful sense of his Majesty's grace and clemency, in order to pro- mote peace and safety, to make compensation to said sufferers, and thus to demonstrate to the.world our sense of the happiness we enjoy, in being a part of the British empire, and being entitled to the rights, liberties and privileges of British subjects ; we, his Majesty's most dutiful and loyal subjects, the Representatives of ihe Commons of this province, in the great and General Court assembled, of our free and good will, have resolved to give and grant, and pray that it maybe enacted," &c. m. MASSACHUSETTS STATE PAPEIIS. 99 the late disputes, and therefore I shall make no other answer to the ungenerous insinuations in your message of yesterday, than by referring to your own journals, from whence it will evidently ap- pear, that it is from among yourselves, and not from me, that the difficulties which have prevented your making a compensation to the sufferers, have arose. I am very sorry that you have not already complied with what has been recommended to you ; but it is some satisfaction to me, that you have laid a foundation for completing this business, which I hope will not fail of success. The importance of the aftair, and the hasty approach of the new year, will not allow the loss of a day which can be saved ; and therefore, I shall make the recess which you desire, as short as possible. And that you may do the business with as much credit to yourselves as may be, I shall con- tinue the session until you can come to a final determination. FRA. BERNARD. Council Chamber, November 13, 1766. LETTER OF LORD SHELBURNE TO GOVERNOR BERNARD, AND BY HIM LAID BEFORE THE GENERAL COURT. Whitehall, September 13, 1766. SIR, I HAVE had the honor to lay before the King, your letteis of the 29th of June, and 19th of July last, together with the enclo- sures therein contained ; and I have received his Majesty's com- mands to communicate them to such of his servants, as he thinks proper usually to consult upon his most important affairs, as soon as the season of the year will conveniently admit of this meeting, for this and other purposes. In the mean time, his Majesty is ex- tremely sorry to observe any degree of ill temper remaining in his colony of Massachusetts Bay, or, that points should be so improp- ^ erly agitated, as to tend to the revival of disputes, which evei-y friend to America must wish to be forgotten. They have seen the Parliament of Great Britain give due attention to all well founded complaints of the province, notwithstanding they appeared to them, in some parts, not so properly urged, and though t)ie legis- lature will, certainly, on all just occasions, exercise and enforce its legislative power over the colonies, yet, it cannot be doubted, but it will exert it with a due regard to the nature of their con- nexion with the mother country. Upon this occasion it is proper to observe, in general, that the %■ 100 MASSACHUSETTS STATE PAPERSi ease and honor of his Majesty's government in America, will greatly depend on the temper and wisdomof those who are trusted with the administration there 5 and that they ought to be persons disdaining narrow views, private combinations, and partial at- tachments. It is with great pleasure, sir, that I have observed the manner in which you have conducted yourself, during the dis- putes of the last year, which I cannot do, without highly approving your attention and watclifulness on the one hand, to support the authority of government, and on the other, the tenderness and af- fection which appeared in all your letters, toward the people un- der your government. A temperate conduct, founded on the true basis of public good, avoiding all the unnecessary reserve, where notliing arbitrary is thought of, and nothing unreasonable is re- quired, must carry conviction to the hearts of the deluded, concili- ate the minds of all, and ensure the confidence of his Majesty's Joyal and loving subjects of America. Upon these considerations, I am persuaded that the Assembly Will, immediately upon their meeting, fall upon measures to termi- nate all local difficulties, which appear, by your accounts, to have hitherto prevented that compliance which will be expected by Parliament, with the recommendations you have been required to make, in consequence of the resolutions of both Houses. It is im- possible to conceive that they will suffer any private considerations to interfere with their desire of shewing a proper sense of that paternal regard, which they have experienced from his Majesty, and of the attention whicli Parliament has given to their com- plaints ; which can never be done with more propriety, than by granting, with the utmost cheerfulness, a just compensation to those who have suftered by the late disorders. I am, with truth and regard, sir, your most obedient, humble servant, SHELBURNE. RESpLVES OF THE HOUSE OF REPRESENTATIVES ON THE SUBJECT OF COMPENSATION TO THE SUFFERERS BY THE RIOTS IN 1765. ? Ordered, ThatMajor Hawley, Mr. Otis, and Mr. Adams, be a covimittee to prepare a resolve, setting forth the motives which induced this House to pass the bill for granting compensation, &c. who reportp.d thereon as follows : Resolved, That this House, in passing the bill for granting com- pensation to the sufferers, and of free and general pardon, indem- nity and oblivion, to the offenders in the late times, were influenced hy a loyal and grateful regard to his Majesty's most mild and MASSACHUSETTS STATE PAPERS. 101 gracious recommendation ; by a deference to the opinion of the illustrious patrons of the colonies In Great Britain ; and for the sake of internal peace and order, without regard to any interpre- tation of his Majesty's recommendation into a requisition, pre- cluding all debate and controversy ; and under a full persuasion that the sufferers had no just claim or demand on the province 5 and that this compliance ought not hereafter to be drawn into a precedent. After which the House passed the two following resolutions, viz. 1. Resolved, That it was the indispenasble duty of the sufterers to have applied to the government here, rather than to the govern- ment at home ; and that the neglect of any of them to petition to this Assembly till October last, while they were complaining at home, is very reprehensible. 2. Whereas it appears to this House, by the resolutions of 'the honorable the House of Commons of Great Britain, that it was their opinion that the resolutions of divers assemblies in America, had a tendency to encourage the riots that happened there, Re- solved, that this cannot be said of the resolutions of the House of Representatives of this province, as the said riots happened about two months before any such resolutions were made.* LETTER FROM DENNYS DE BERDT, ESQ. AGENT FOR THE PROVINCE, IN ENGLAND, TO THE SPEAICER OF THE HOUSE OF REPRESENTATIVES, DATED AT LON- DON, AUGUST 6, 1766. SIR, Since my last, I received a few lines from Lord Dartmouth, in which he says, " I am sorry to hear that the Assembly of Boston has refused to make the indemnification recommended by Parlia- ment. New York has complied.*' Had you been here to be fully apprized of the long debate which your friends supported in the House, to obtain the word " recom- mend,''^ as a term entirely consistent with your liberty, it must have left a grateful impression on your mind, which your address is so full of, both to the King and Parliament, that I can hardly believe you should come to such a conclusion. If the report be a slander on the province, I shirll be glad if you will put it in my power to refute it ; as I am ambitious your Assembly, who I have the honor to be employed by, should stand high in the esteem of the King, Ministry, and Parliament, as well as in the esteem of all the real friends of America, which such a refusal will abate. • The riots were i» August, 1765, and the resolutions i« October after.- 102 MASSACHUSETTS STATE PAPERS. LETTER FROM THE SAME, SEPTEMBER W, 1766. Since my last to you, I have received several letters from jour friends, in ansvk'er to your vote of thanks, (vi'hich I enclose,) and the universal approbation it has met with, proves it a very well judged measure : and Lord Chesterfield and the old Speaker Ons- low, whose hearts were warm in your cause, were very particularly pleased ; and the latter desired me to assure your House, he esteemed it the highest honor which could be conferred on him. Yesterday I waited on Lord Shelburne, our new Secretary of State ; and his Lordship expressed himself in such terms as gave me great satisfaction, and desired me to assure your House, he had the highest regard for America, wished their prosperity, and would make it his care to promote it. That you might be per- fectly easy about the enjoyment of your rights and privileges under the present administration. But on the other hand, the dignity of government must be maintained, as well as due regard to the ad- ministration here ; which I assured them was your real disposi- tion, as was manifest by the tenor of the addresses, two of which came through my hands, yours and from the lower counties of Pennsylvania. He desired you would finish tlie affair of the damages sustained, because it gave occasion to your and the enemies of the adminis- tration to upbraid them for the gentle measures they adopted ; on the other hand, he had also written to every Governor on the con- tinent to behave with moderation to the several provinces over which they preside ; and had written to your Governor in partic- ular, to pursue healing measures. And added, that whatever new Governors were appointed, he would take care to send such men as should act on the most generous principles, and thereby secure the affections of the people. SPEECH t* OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, JANUARY 23, 1767. Gentlemen of the Council, and * Gentlemen of the House of Representatives, At tlie opening of this session, I have nothing by command of his Majesty to lay before you. What I have to propose from myself, shall be communicated by separate papers. At present, I MASSACHUSETTS STATE PAPERS. 103 have only to recommend to you, that the support of the authority of the government, the maintenance of tiie honor of the province, and the promotion of the welfare of the people, may be the chief objects of your consultations. These are duties common to us all ; and whilst they are truly pursued, there can be no room for disa- greement or dissatisfaction. FRA. BERNARD. Council Chamber, January 28, 1767. ANSWER j^ OF THE HOUSE OF REPRESENTATIVES TO THE ABOVE, JANUARY 31, 1767. May it please your Excellency, Your speech to both Houses of the General Assembly at the opening of 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 objects of our consultations." By the authority of the government, this House understand, the charter rights and powers of the Great and General Court or As- sembly of this province, and the several branches of the same ; and the powers with which the civil officers of the province are bv law vested. While the members of that Assembly 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 ju- diciary or ministerial, we apprehend the authority of the govern- ment is then supported. It is necessary for the support of this authority, that the House of Representatives well inform them- selves 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 province ; without transgressing the bounds of their own pow- er, or invading the rights and prerogatives of the otlier branches of the Assembly. And that they endeavor, that the body of the peo- ple be well acquainted with their own natural and constitutional rights and privileges ; and the liberty, safety, peace and happiness which they will not fail to enjoy, while the General Assembly is protected in the due exercise of their rights and powers, and the 104i MASSACHUSETTS STATE PAPERS. laws of the land have their free course, and are faithfully and im- partially 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 con- sultations. Upon this occasion, we cannot forbear to observe to your Ex- cellency, with concern, that wlieu the two Houses were directed 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 ap- pear in General Assembly, and there to continue till the House returned to their chamber, while your Excellency was not only in the province, but actually 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, an instance of the kind, it is not only in itself an impropriety, but repugnant to the constitution, and the letter of the charter ; which declares the great and General Court to consist of the Governor and Council, or Assistants, for the time being, and such freeholders of the pro- vince, 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 gentleman was introduced by your Excellency, we apprehend that the hap- piest means of supporting the authority of the government, or maintaining the honor of the province, were not consulted therein. But if he came in and took a seat, of his own motion, we are con- strained to say, that it attbrds a new and additional instance of ambition, and a lust of power, ^o what we have heretofore ob- served.* If your Excellency in recommending to our consultations the support of the authority of the government, intends that executive power is become weak, and calls for the aid of the legislative j and that an ill temper and a factious spirit so far prevails in the * Tlie Governor replied to tliis part of the INIessage from the House, and contended for the propriety of tlie Lieutenant Governor's conduct in this case. The House replied to the Governor's Message, and insisted that it was highly improper in the Lieutenant Governor to take a seat in Council, as he liad not been chosen a member, and as the Chair of the Gover- nor was not vacant. They acknowledged, that there had been an instance ot this kind in 1702, when Povey was Lieutenant Governor. But they statedj that Governor Belcher had exprtssiy excluded Tailor and Phips, at the time they were Lieutenant Governors, from a seat in the Council, when they had not been elected tliereto by the General Court. The Gov- ernor still insisted the conduct of Mr. Hutchinson in the affair, was correct ; and the latter gentleman also addressed a letter to the Governor, (which was communicated to the House,) complaining of the severity and partiality of the House, in objecting to his taking a seat at the Council Board. The House then referred the subject to the Council, and requested them to give an opinion whether they thought the Lieutenant Governor had a right to a seat at the Board. They decided, unanimously, that he had not, " by charter, a constitutional right to a seat at the Board, either with or without a voice." And they added, "the Board assure the House, that they will sincerely endeavor to preserve the constitutional a)l4 charter rights of Uis Ivlajesty's most loyal and dutiful subjects of tb.is proviuoe." MASSACHUSETTS STATE PAPERS. 105 province, as to require severer methods, we can, with great satis- faction, inform you otherwise. Your Excellency may be assured that a disposition in the people to yield all due obedience to his Majesty's authority and the laws of this province, renders it alto- gether unnecessary that any extraordinary methods should be taken for that purpose. And as the welfare of the people so much depends upon it, we have just reason to expect that every branch of the legislature will take the most effectual measures to remove from the mind of our Sovereign such unfavorable sentiments of the province, as may have been occasioned by the malignant whispers of its enemies. We cannot promise your Excellency that there shall be no dis- agreement or diversity of sentiments in matters of importance that may come before the General Court ; this is scarcely to be expected in a free assembly. In such cases, this House, as they ever have, will still consider their own honor concerned, to debate with candor, and to decide with judgment. While the true end of government is kept in view, and invariably pursued in the several departments of it, the honor of the province and the wel- fare of the people will be maintained and promoted, and there can be no room for dissatisfaction. Had your Excellency any command from his Majesty to lay before us, we should attend to it with the utmost loyalty and re- spect ; being fully persuaded that our gracious Sovereign will require of us nothing but what is just and wise. When you shall be pleased to communicate to us any proposal of your own, we shall duly consider its nature, importance and tendency, and act agree- ably to the best light of our own understanding. MESSAGE FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, JANUARY 30,1767. The House of Representatives- beg to be informed by your Excellency, whether any provision has been made, at the expense of this government, for his Majesty's troops lately arrived in this harbor, and by whom .^ And also whether yourExcellency has reason to expect the arrival of any more to be quartered in this province ? 14 106 MASSACHUSETTS STATE PAPERS. THE FOLLOWING 3IESSAGE WAS RECEIVED FROM HIS EXCELLENCY, IN ANSWER TO THE ABOVE. Gentlemen of the House of Representatives, In answer to your message of this day, I send you a copy ot the minutes of Council, by which provision for the artillery com- pany at the Castle, in pursuance of the late act of Parliament, was made. I intended to lay the matter before you, and had. given orders for an account of the present expenses to be made out for that purpose, which, having received since your message came to me, I hereby communicate. I have received no advice whatever of any other troops being quartered in this province ; nor have I any reason to expect the arrival of such, except from common report, to which I give little credit. FRA. BERNARD. MESSAGE From the house of representatives, to the governor, february 4, 1767. May it please your Excellency, [n reply to your message of the 50th of January, the House of Representatives beg leave to observe, that it is by virtue of the royal charter alone, that the Governor and Council have any au- thority to issue money out of the treasury, and that only according to such acts as are, or may be, in force within this province. This clause was intended to secure to the House of Representatives the privilege of originating, granting, and disposing of taxes. But we apprehend it would be of very little value and importance, if it should become a settled rule that the House are obliged to im- pose and levy assessments, rates, and taxes upon the estates or persons of their constituents, for the payment of such expenses as may be incurred by virtue of an order of the Governor and Coun- cil, without the knowledge and consent ot the House. Your Excellency, therefore, in giving orders, with the advice of the Council, for making provision for the artillery companies at the Castle, acted, in an essential point, contrary to the plain intention of the charter of the province, wherein the powers of the several branches of the General Assembly are declared and limited. If, however, there was an urgent necessity for this procedure, in the MASSACHUSETTS STATE PAPERS. 107 recess of the Court, we are very much surprised, that your Excel- lency should sufter the whole of the last session of the General Assembly to pass over without laying this matter before us ; and that it was again omitted, in the present session, till the House had waited upon your Excellency with their message. It is the just expectation of this House, founded in the principles of the constitution, to have the earliest notice of a matter of this nature ; and we cannot but remonstrate to your Excellency, that the omis- sion of it was a breach of our privileges. But, may it please your Excellency, it is still more grievous to us to find your Excellency making mention of a late act of Parlia- ment, in pursuance of which your Excellency and the Council have created this expense to the province. One great grievance in regard to the stamp act was, that it deprived us of the advan- tage of a fundamental and most essential part of the British con- stitution, the unalienable right of freedom from all taxation, but such as we shall voluntarily consent to and grant. While we feel a sense of the worth and importance of this right, we cannot but express concern that an act of Parliament should yet be in being, which appears to us to be as real a grievance, as was that which so justly alarmed this continent. Your Excellency and the Coun- cil, by taking this step, have unwarrantably and unconstitutionally subjected the people of this province to an expense without giving this House an opportunity of passing their judgment upon it ; and have also put it out of our power, by an act of our own, to testi- fy the same cheerfulness which this Assembly has always shown in granting to his Majesty of their free accord, such aids as his Majes- ty's service has from time to time required. [The committee who reported this message, were Mr. Gushing, (the Speaker,) Mr. Otis, Maj. Hawley, Capt. Sheaffe, Mr. Adams? Mr. Dexter, and Col Ward.] MESSAGE OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES^ FEBRUARY 17, 1767. Gentlemen of the House of Representatives, The charges against me and the Council, contained in your message of the 4th instant, have had a full consideration ; the re- sult of which is, that the proceedings in making provisions for the King's troops, lately arrived here, appear to be constitutional and warrantable ; and are justified not only by the usage of this gov- ernment, but by the authority of the General Court itself. 108 MASSACHUSETTS STATE PAPERS. The barracks at the Castle were built by order of the General Court, for the reception of the King's troops, when they should ar- rive here, that there might be no occasion for quartering them upon the inhabitants. Fuel and candles are necessary to the occupation of barracks ; without them, no troops could go in, or stay there ; it being an allowance always incidental to their living in barracks. When, therefore, the General Court ordered these barracks to be built for troops, it must have been implied, that the incidental ne- cessaries should be provided for the troops, when they went into them. Otherwise, we must suppose, that the General Court did not intend that the barracks should be applied to the use for which they were built. The manner of making the provision, and the provision itself, were agreeable to the usage of this government, in the like cases. It consisted of fuel and candles only, which are absolutely neces- sary, and always have been allowed in these barracks ; and it did not include several articles prescribed by the act of Parliament; and therefore, it was wholly conformable to the usage of the gov- ernment and the necessity of the case, but to the act only, as it coincided with it. If there had been no such act, the Council would have thought themselves obliged to advise the ordering this provision, as it was necessary to the use of the barracks ; it being their duty, in the recess of the General Court, to assist me in car- rying into execution, by the usual means, an establishment pro- vided for the convenience of the people. As to your complaint against me, for not laying this matter before you, during the whole of the last session, and part of this, I shall only state the facts, and leave it there. What you call the whole of the last session, was only the six last days of it, when you met after an adjournment, to pass upon the compensation bill. As soon as you had finished that bus}ness,-you desired me to grant you a recess. I did so ; and told you at the same time, that, upon that account, I had postponed all other business to the next ses- sion. As to the part of this session, it was not forty -eight hours ; and within that time, I had given orders for making out an account of the expense of the provision, in order to lay it before you, and I actually received it within two hours after I had your message. Thjs is the whole of what you call an omission in breach of your privileges. FRA. BERNARD, MASSACHUSETTS STATE PAPERS. 109 SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, MAY 28, 1767. Gentlemen of the Council, and Gentlemen of the House of Representatives, At the opening of this session, I have nothing from tlie im- mediate command of his Majesty to lay before you. I therefore cannot employ the present opportunity better than by recommend- ing to you to endeavor to restore to this General Court the mutual confidence and unanimity which prevailed in it until they were interrupted by the late popular uneasiness. And I must, at the same time, assure you, that I shall heartily concur with you ifi all measures which shall be conducive to so salutary an end. I do not, however, mean to decline the full exercise of the con- stitutional powers with which I am vested : they are derived from the same fountain with your own privileges ; and therefore I trust that the free use of them can never give just cause of oftence. But, as I desire to temper my authority with all possible moderation, I shall be obliged to you for every opportunity you shall give me to make evident this disposition. The business of this session is generally short, and the season of the year requires that it should be so. You must have observed how very expensive unnecessary disputation is ; and therefore, I iiope you will avoid it, that the public business may be done with all proper despatch, and you may return to your homes as soon as well may be. FRA. BERNARD. [The Governor objected to J. Gerrish, T. Saunders, Col. Otis, J. Bowers, and S. Dexter, who had been elected Counsellors. The House immediately appointed them a committee to introduce to the Governor two gentlemen chosen Counsellors from their body.] MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, MAY 28, 1757. Gentlemen of the House of Representatives, This morning Ensign Dalrymple, of the 14th regiment of foot, informed me that he was just arrived from Scotland, with twenty- seven recruits for said regiment, and praying that I would order quarters to be assigned for them. I accordingly ordered, that they 110 MASSACHUSETTS STATE PAPERS. should be received into the barracks at the Castle; and I laid the matter before the Council, and asked their advice concerning the ordering the usual allowances for these men, while they remain in the barracks. The Council have advised me, as the House is now sitting, to communicate this matter to the House, which I do, ac- cordingly ; and desire that you will take order that proper pro- vision be made for these men, while they remain in the barracks. FRA. BERNARD. ANSWER 05 THE HOUSE OF kEPRESENTATIVES TO THE GOVERNOR'S SPEECH-, JUNE 2, 1767. May it please your Excellency, Having duly considered your speech at the opening of this session, the House of Representatives beg leave, with great sin- cerity, to say, that there is nothing which they more ardently wish for, than a mutual confidence in the several branches of the Gen- eral Assembly, and a happy unanimity in such measures as shall best promote the prosperity of his Majesty's government, and the peace and welfare of his subjects of this province. At the same time, we must freely declare to your Excellency, that during the whole period of that general calamity and distress, which you chose to denominate a popular uneasiness, we do not recollect a single act done by the representative body of this province, which could have the least tendency to interrupt a general harmony, so essentially necessary for the valuable purposes of government. Nor can it, in our opinion, without great injustice, be supposed, that had there been, in reality, nothing more than a groundless, popular uneasiness, it would have been suffered to intermix with their public councils, and occ;ision a breach of confidence. We are obliged to say that there is the deepest concern among 1 the people of this province ; that after they have shewn every pos- sible mark of loyalty, it has yet been represented to his Majesty, that a degree of ill temper remains in his colony of Massachusetts Bay. The letter from the Secretary of State. (Lord Shelburne) which your Excellency communicated to the last Assembly, leaves no room to doubt but that such representation has been made.* Permit us, sir, just to observe, that nothing will tend more to conciliate the minds of this people, than to give us the opportunity • Governor Bernard had often complained to the British ministry, before this i)eriod, as he continued afterwards to do, that the province was in a state of rebellion, and could not be governed, but by a military force. He recommended arbitrary measores, and urged to the appointment of Coiuisellors by the Crown, &c. MASSACHUSETTS STATE PAPERS. Ill to make it evident to our constituents, that you have had no hand in such representation. Such a measure might tend to remove that concern, and to restore unanimity to this General Court ; and we rely on that assurance you have given us, that you will heartily concur with us in all measures which shall be conducive to so salutary a purpose. You are pleased to make an open and express declaration, that you do not mean to decline the full exercise of the constitutional powers with which you are vested. We are fully convinced of it; nor have we the least desire that you should ever decline the full exercise of those powers. Your Excellency, however, will allow us to say, that there is such a thing as an indiscreet use of legal power, of which this House have a right to form their own judg- ment. Your Excellency tells us, you desire to temper your authority with all proper moderation. Whether you have not already, since the opening of this session, missed the fairest opportunity of mak- ing evident such a disposition, is a matter that is now open to the judgment of the world. You have not been pleased to point out the business of this ses- sion, but strongly recommend to us to shorten it, as the season of the year requires. We are sensible there are matters that imme- diately concern his Majesty's government of this province, which properly now come before us. These we .shall despatch in as short a time as will admit of a due deliberation upon them. Un- necessary disputation we shall avoid. Your Excellency tells us, we must have observed how very expensive it is. If you refer to the disputes of the last year, we do not judge them, so far as we have observed, to have been unnecessary, or protracted beyond due bounds. We are sorry there was occasion given for them ; but, in our opinion, the late House of Representatives are not chargeable with it. As the rights of this people are now entrusted to us, it is our indispensable duty to maintain and defend them. We hope none of them will be drawn into question ; but should that be the case, we are bound in conscience to contend for them ; and therefore we shall not think the dispute on our part unneces- sary, or the time employed in it mispent. [The committee who reported this answer M'ere, Major Hawley, Mr. Otis, Col. Brown, Col. Bowers, Mr. Adams, Col. Partridge, and Mr. Dexter.] 112 MASSACHUSETTS STATE PAPERS. .RESOLVE . OF THE GENERAL COURT, MAKING PROVISION FOR THE REGULAR TfeOOPb, REFERRED TO IN THE GOVERNOR'S MESSAGE, MAY 18, JUNE 16, 1767. In the House of Representatives 5 his Excellency the Gover- nor having, by a message of the 28th of May last, acquainted the House of the arrival of twenty-seven recruits, under the command of Ensign Dalrymple, of his Majesty's fourteenth regiment of foot, now at Halifax, and having desired that the House would take or- der that proper provision might be made for them — Resolved, that such pi-ovision be made for these men, while they remain here, as has been heretofore usually made for his Majesty's regular troops, when occasionally in this province ; and that the Commissary General be, and he is hereby directed to see that this resolve be put in execution. [The speech of Governor Bernard, at the opening of the Janu- ary session, 1 768, related entirely to the running of the line be- tween this province and New York ; and New Hampshire and Maine.] RESOLVE OF THE HOUSE, CONCERNING THEIR CIRCULAR LETTER TO THE ASSEM- BLIES OF OTHER COLONIES, FEBRUARY 13, 1768. Whereas this House has directed, that a letter be sent to the several Houses of Representatives and Burgesses of the British colonies on the continent, setting forth the sentiments of the House, with regard to the great difficulties that must accrue by the opera- tion of divers acts of Parliament, for levying duties and taxes ou the colonies, with the sole and express purpose of raising a rev- enue, and their proceedings thereon, in a humble, dutiful and loyal petition to tiie King, and such representations to his Majesty's ministers,* as they apprehend may have a tendency to obtain redress : and whereas, it is the opinion of this House, that all ettectual metliods should be taken to cultivate harmony between the several branches of this government, as being necessary to promote the prosperity of his Majesty's government in the province ; Resolved, That Mr. Otis, Col. Preble, Col. Brown, Mr. Say- * These docunients will be found below in this volume. MASSACHUSETTS STATE PAPERS. 113 wai'd, and Mr. Hall, be a committee to wait on his Excellency the Governor, and acquaint him that a copy of the letter aforesaid, will be laid before him, as well as of all the proceedings of this House relative to said affair, if he shall desire it: and that said committee humbly request, that his Excellency would be pleased to favor the House with a copy of the letter from the right honora- ble the Earl of Shelburne, lately read to the House by order of his Excellency, and his own letters to which it lefers.* MESSAGE FROM GOVERNOR BERNARD, TO THE HOUSE OP REPRESENTATIVES, I.V REPLY TO THE FOREGOING, FEBRUARY 16, 1768. Gentlemen of the House of Representatives, In answer to your message of the 13th instant, I find it neces- sary to inform you, that soon after the letter of the Earl of Shel- burne was read in your House, I ordered a copy of it to be given to the Speaker, to be used as he should think fit, upon condition that no other copy should be taken thereof. I am very willing that the copy in the Speaker's hands should be communicated to you, in any manner which is consistent with that restriction. I know of no letters of my own which I think can be of any use to you upon this occasion. 1 quite agree with you, in opinion, that all effectual methods should be taken to cultivate harmony between the several branches of the legislature of this government, as being necessary to promote the prosperity of the province ; and I shall cheerfully join with you in all proper measures for so salutary a purpose. FRA. BERNARD. ANSWER OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S MESaAGE, FEBRUARY 18, 1768. Jlaij it please your Excellency^ Your message of the 16th instant has been read, and duly con- sidered, in the House of Representatives. The manner in which your Excellency was pleased to introduce into this House the let- * This letter was afterwards reluctantly laid before tke House by the Governor , and will be found in this volume bslow. 15 114: MASSACHUSETTS STATE PAVERS, ter from the right honorable the Earl of Shelburne by giving orders to the Secretary to read it without leaving a copy, appeared to be unprecedented and unparliamentary. But this made but a light impression on the House, when the members recollected, as far as they could, the unfavorable sentiments his Lordship thought him- self necessitated to entertain of the two Houses of this Assembly, and of some particular menjbers in this House, whose characters in the opinion of the House, stand unimpeachable. Under this ap- prehension, they thought it necessary, for their own vindication, humbly to request your Excellency to favor them with a copy of his Lordship's letter ; and as it appeared to them that his Lordship had formed his sentiments of the two Houses, and their members, from your own letters to which he referred, the House thought they could not do themselves and their members justice, unless they coi'.id be favrired with a sight of them also, and accordingly re- quested it ot vour Excellency. You are pleased to say that you know of no letters of your " own that you think can be of any use to the House upon this occasion." The House did not in their vote or message say what occasion they had to request them. But when his Lordship expressly says, that it appears from your several letters, that your negativing coun- sellors in the late elections was done with due deliberation and judgment, it is natural for the House to conclude that your Excel- lency had thought it convenient to give his Lordship the particular reasons you had for a measure so rare and extraordinary. These reasons seem to have prevailed to justify your Excellency ; for his Lordship acquaints you that his Majesty is graciously pleased to approve of your having exerted the power lodged in you by the constitution of the province. But unfortunately for the two Houses, his Lordship passes a diflerent judgment upon their conduct, and takes occasion to applaud tiie wisdom of those who framed the charter, in providing that a power should be placed in the Gov- ernor as an occasional check upon any indiscreet use of the right of electing counsellors. It evidently appears from this passage that his Majesty's minister has conceived an opinion of the two Houses as having made an indiscreet use of a charter right. The House were willing to be convinced that this opinion and other sentiments expressed in his Lordship's letter, which imply an high censure upon the two Houses, and upon particular members of this House, were rather inferences drawn from your letters, in which his Lordship might be liable to mistake, than the direct, ex- pressions of it. Had your Excellency been pleased to have favored them with the copies, they might have been of use upon the occa- sion, and satisfiictory to the House. But as you have thought proper to refuse them, they are left to conjecture with all possible candor, and appeal to the world. His Lordship is induced to believs that the Assembly have made an indiscreet use of their right of choosing counsellors to the ex- MASSACHUSETTS STATE PAPERS. 115 elusion of the principal officers of government from the Board, •whose presence there as counsellors, so manifestly tends to facili- tate the course of public business, and who have therefore been be- fore this period usually elected ; and tliat they have thus exerted their light with a far diff'erent intention from that of promoting the reestablishment of tranquility, and evincing the duty and attach- ment of the colony towards Great Britain. The House would be glad to justify tins construction of his Lordship's letter, which is nearly in the words of it, by publishing it in their journals, but that is inconsistent with your Excellency's restrictions. This is not the first time that his Majesty's ministers, and even his Majes- ty himself, after having had before him your Excellency's letters and tlie inclosures, has thought it necessary to form an opinion of his loyal subjects of this province, as having a degree of ill temper prevailing among them. And your Excellency cannot be insensible that the present House have heretofore, for the sake of conciliat- ing the minds of the people, and restoring a unanimity to this General Court, requested your Excellency to give them the op- portunity of making it evident to their constituents that your let- ters had no tendency to induce such an opinion : and the House still think that nothing would tend more to promote the salutary purpose of cultivating an harmony between the several branches of this legislature, in which your Excellency expresses a disposition cheerfully to join with the House, than an open aud unreserved explanation to each other. For this purpose the House, in their message, assured you that they were ready to lay before you their humble petition to his Majesty, and their representations to his ministers, with all their other proceedings upon the important mat- ters that have been before them, at the same time they made their reasonable request of your Excellency's letters. After having recited so great a part of the sentiments of his Lord- ship's letter, no one can be astonished at the conclusion he is pleased to make; that under such circumstances it cannot be sur- prising, that his Majesty's Governor exerts the right entrusted to him by the same constitution, to the purpose of excluding those from the council, whose mistaken zeal may have led them into im- proper excesses, and whose private resentments (and his Lordship adds, he should be sorry to ascribe to them motives still more blanieable) may in your opinion further lead them to embarrass the administration, and endanger the quiet of the province. Surdy his Lordship would never have passed such a censure upon the two Houses of Assembly, nor upon particular gentlemen, altogether strangers to him, but upon what he thought to be the best authority. It is far beneath his character and dignity to give credit, or even to hearken to any account so prejudicial to the reputation of the province, and of particular persons, but what he receives from gentlemen in the highest stations in it. Your Excellency, then, must allow the House to believe, until they shall be convinced«to 116 MASSACHUSETTS STATE PAPERS. the contrary, that your several letters, to which his Lordship re- fers, are so fully expressed, as to have lef this Lordship no room to suspect that he could be mistaken. In such a case, your Excellency cannot think that the House can remain in silence. They recommend to their injured mem- bers a becoming calmness and fortitude ; and take this occasion to bear testimony to their zeal for the honor of their King, and the rights of their constituents. But the character of the people whom this House represent, as well as their own honor, is at stake, and requires them to take every prudent measure for their own vindication. The House are truly soriy that this new occasion of mistrust and jealousy has happened; but they can never be so wanting to themselves, as to omit the opportunity of removing from his Lordship's mind, the unfavorable impressions which ap- pear by his letter ; and what is of much greater importance to them, of standing before their Sovereign in their own just charac- ter of loyal subjects. MESSAGE fRom -The governor, by the secretary, to the house of repre- sentatives, IN reference to the above, FEBRUARY 22, 1768. Mr. SiJeaker, I AM ordered by his Excellency to inform you, that, as this House has thought fit to permit their message of February 18th, containing extracts from the Secretary of State's letter, with ob- sei'vations upon it, to be printed in a common newspaper, it is to no purpose to continue the restriction against granting copies of such letters. He therefore, consents, that it may be entered on the journals of the House.* *■ February 24. The House passed the following resolve : Whereas his Excellency the Gov- ernor, ill his message to this House, by the Secretary, the 16th inst. was pleased to signify his apprehension, thai the House thought fit to permit their message of the IStli, containing ex- tracts from the Secretary of State s letter, with observations upon it, to be published in a common newspaper ; which, if it be not explained, may induce his Excellency further to ap- prehend, that the House are in breach of confidence with regard to the restrictions he w as pleased to lay them under, when he consented that the said letter should be perused in the House : Resolved, as the opinion of this House, that in order to make a pertinent and full answer to his Excellency's message of the 16th, it was necessary to recite some parts of hi» Lordsliip's letter : but that this House took no order with regard to the publishing of thcilf message coutaiuing such recital, ia a, couuuou newspaper. MASSACHUSETTS STATE PAPERS. 117 letteh FROM LORD SHELBURNE, TO GOVERNOR BERNARD, COMMUNICATED TO THE HOUSE, FEBRUARY, 1768. TFIiitehall, September 17, 1767. SIR, I HAVE the pleasure to signify to you his Majesty's approba- tion of your conduct, and to acquaint you that lie is graciously pleased to approve of" your having exerted the power lodged in you, by the constitution of the province of Massachusetts Bay, of negativing counsellors in the late election, which appears from your several letters, to have been done with due deliberation and judgment. Those who framed the present charter, very wisely provided, that this power should be placed in the Governor, as an occasional check upon any indiscreet use of the right of electing counsellors, which was given by charter, to the Assembly, which might, at certain periods, by an improper exercise, have a tendency to dis- turb tlie deliberations of that part of the legislature, from whom the greatest gravity and moderation is more peculiarly expected. As long, therefore, as the Assembly shall exert their right of elec- tion, to the exclusion of the principal officers of government from the Council, whose presence there, as counsellors, so manifestly tend to facilitate the course of public business, and who have therefore been, before this period, usually elected, and Avhile in particular, they exclude men of such unexceptionable characters, as both the present Lieutenant Governor and Secretary, undoubt- edly are, and that too, at a time when it is more peculiarly the duty of all parts of the government to promote the reestabiishment of tranquility, and not Ibrego the least occasion of evincing the duty and attachment of the colony towards Great Britain. It cani\ot, under such circumstances, be surprising, that his Majesty's Governor exerts the right entrusted to him by the same constitu- tion, to the purpose of excluding those from the Council, whose mistaken zeal may have led them into improper excesses, and whose private resentments (I should be sorry to ascribe to them motives still more blameable.) may, in your opinion, further lead them to embarrass the administration, and endanger the quiet of the province. The dispute, which has arisen about the Lieutenant Governor's being present, without a voice, at the deliberations of the Council, is no otherwise important, than as it tends to show a warmth in the House of Representatives, which I am very soriy for. The question concerning his admission, seems to lie in the breasts of the Council only, as being the proper judges of their own privil- 118 MASSACHUSETTS STATE PAPERS. eges, and as having the best right to determine whom they will admit to be present at their deliberations. I am to inform you, sir, that it is liis Majesty's resolution to ex- tend to you his countenance and protection in every constitutional measure, that shall be found necessary for the support of his gov- ernment in the Massachusetts Bay : And it will be your care and your duty, to avail yourself of such protection, in those cases only, where the honor and dlj^iiitij of his Mnjesty^s government is really, either mediately, or immediately, concerned. It is unnecessary to observe, that the nature of the English con- stitution is such as to furnish no real ground of jealousy to the colonies ; and where there is so large a foundation of confidence, it cannot be, but that accidental jealousies must subside, and things again return to their proper and natural course. The extremes, even of legal right, on either side, though sometimes necessary, are always inconvenient; and men of real property, who must be sensible that their own prosperity is connected with the tranquil- ity of the province, will not be inactive, and sulfer their quiet to be disturbed, and the peace and safety of the state endangered by the indiscretion or resentment of any. I am, with great regard, your obedient servant, SHELBURNE. MESSAGE FROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, CON- CERNING A LIBELLOUS PARAGRAPH IN A NEWSPAPER, MARCH 1, 1768, Gentlemen of the Home of Representatives, I HAVE been used to treat the publications in the Boston Ga- zette, with the contempt they deserve ; but when they are carried to a length, which, if unnoticed, must endanger the very being of government, I cannot, consistently with the regard which I profess, and really have, for this province, excuse myself from taking no- tice of a publication in the Boston Gazette, of yesterday ; I have, therefore, consulted the Council thereupon, and have received their unanimous advice, that 1 should lay the said libellous paper before your House, as well as their Board. I have, therefore, or- dered the Secretary to communicate to j'-ou the said libellous pa- per, that you may take the same, with the circumstances attending it, into your serious consideration ; and do therein, as the majesty of the King, the ilignity of his government, the honor of this Gen- eral Court, and the true interest of this province shall require.* FRA. BERNARD. * The paragraph alluded to, was a low and scurrilous reflection on the Governor, similar to those whitii often appear in free coumrics, in times of high political excitement. It rep- resented some one, (meaning Governor Bernard, no doubt,) as a tyrant, aiming to enslave the people, &c, but charging him with no personal immorality. ■'9^, MASSACHUSETTS STATE TAPERS. 119 ANSWER OF THE HOUSE OF REPRESENTATIVES, TO THE ABOVE MESSAGE FROM THE GOVERNOR, MARCH 3, 1763. May it please your Excellency^ In duty and great respect to his Majesty's representative and Govei nor of the province, this House have given all due attention to your message, of the first instant. You are pleased to recom- tnend to their serious consideration, a publication in the Boston Gazette, of Monday last, as being carried to a length, which, if unnoticed, must endanger the very being of government. In this view, your Excellency, in the notice you have taken of it, without doubt, acted consistently with the regard to this province, which you profess. We are sorry that any publication in the newspapers, or any other cause, should give your Excellency an apprehension of dan- ger to the being or dignity of liis Majesty's government here. But this House, after examination into the nature and importance of the paper referred to, cannot see reason to admit of such conclu- sion as your Excellency has formed. No particular person, pub- lic or private, is named in it. And as it does not appear to the House, that any thing contained in it, can aft'ect the majesty of the King, the dignity of the government, the honor of the General Court, or the true interest of the province, they think they may be fully justified in their determination to take no further notice of it. The liberty of the press is the great bulwark of the liberty of the people. It is, therefore, the incumbent duty of those who are constituted the guardians of the people's rights, to defend and maintain them. This House, however, as one branch of the legis- lature, in which capacity alone they have any authority, are ready to discountenance an abuse of this privilege, whenever there shall be occasion for it. Should the proper bounds of it, at any time, be transgressed, to the prejudice of individuals, or the public, it is their opinion, at present, that provision is already made for the punishment of offenders, in the common couise of the law. This provision, the House apprehend, in the present state of tranquil- lity in the province, is sufficient, without the interposition of the General Assembly ; which, however, it is hoped, will, at all times, be both ready and willing to support the executive power in the due administration of justice, whenever any extraordinary aiil shall become needful. 120 MASSACHUSETTS STATE PAPERS. SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, MARCH 4, 1768. Gentlemen of the House of Representatives, The moderation and good temper which appeared to regulate your conduct at the opening of this session, so flattered me, that I promised myself that the like disposition would have continued to the end of it. But I am sorry to find that the lovers of contention have shewed themselves not so intent upon preventing it, as upon waiting for a fit opportunity to revive it. The extraordinary and indecent observations which have been made upon the Secretary of State's let- ter, wrote, as I may say, in presence of the King himself, will fully justify this suggestion. The causes of the censure therein containetl, have been specifically assigned, and set forth in the letter itself. These causes, are facts universally known, and no where to be de- nied ; they are considered in the letter as the sole causes of the censure consequent thereto; and there was no occasion to resort to my letters, or any other letters for other reasons for it. If you think that this censure is singular, you deceive yourselves ; and you are not so well informed of what passes at Westminster as you ought to be, if you do not know that it is as general and ex- tensive as the knowledge of the proceedings to which it is applied ; and, therefore, all your insinuations against me, upon false suppo- sitions of my having misrepresented you, are vain and groundless, when every effect is to be accounted for from a plain narrative of facts, which must have appeared to the Secretary of State, from 3'^our own journals. It is not, therefore, me, gentlemen, that you call to account; it is the noble writer of the letter himself, the King's minister of state, who has taken the liberty to find fault with the conduct of a party in your Assembly. Nor am I less innocent of the making this letter a subject of public resentment. When, upon the best advice, I found myself obliged to communicate it to you, I did itin such a manner, that it might not, and would not, if you had been pleased, have trans- pired out of the General Court. Prudent men, moderate men, would have considered it as an admonition, rather than a censure, and have made use of it as a means of reconciliation, rather than of further distraction. But there are men to whose .being, (I mean the being of their importance) everlasting contention is necessary. And by these has this letter been dragged into public, and has been made the subject of declamatory observations ; which, to- gether with large extracts of the letter itself, have immediately after been carried to the press of the publishers of an infamous newspaper ; notwithstanding the letter had been communicated in confidence, that no copy of it should be permitted to be taken. MASSACHUSETTS STATE PAPERS. 121 So little have availed the noble Lord's intention of pointing out the bieans of restoring peace and harmony to this government, and my desire to pursue such salutary purpose, to the utmost of my power. Having said thus much to vindicate myself, which every honest man has a right to do, I must add, that 1 have done nothing on my part to occasion a dispute between me and your House ; it has been forced upon me, by particular persons, for their own purposes. I never will have any dispute with the Representatives of this good people, which I can prevent, and will always treat tliem with due regard, and Mill render them real service, when it is in my power. Time and experience will soon pull the masks off those false patriots, who are sacrificing their country to the gratification of their own passions. In the mean while I shall, with more firm- ness than ever, if it is possible, pursue that steady conduct, which the service of the King, and the preservation of this government, so forcibly demand of me. And I shall, above all, endeavor to defend this injured country from the imputations which are cast upon it, and the evils which threaten it, arising from the machina- tions of a few, very few, discontented men, and by no means to be charged on the generality of the people. Gentlemen of the Council, I return you thanks for your steady, uniform, and patriotic con- duct during this whole session, which has shewn you impressed with a full sense of your duty, both to your King and to your coun- try. The unanimous example of men of your respectable charac- ters, cannot fail of having great weight to engage the people, in general, to unite in proper means to put an end to the dissention which has so long harrassed this province in its internal policy, and disgraced it in its reputation abroad. I shall not fail to make a faith- ful representation to his Majesty of your merit upon this occasion. FRA. BERNARD. PETITION TO THE KING, FROM THE HOUSE OF REPRESENTATIVES OF THE PROVINCE OF MASSACHU. SETTS BAY, SIGNED BY THEIR SPEAKER, BY THEIR ORDER, JANUARY 20, 1768. Most Gracious Sovereign, Your Majesty's faithful subjects, the Representatives of your province of the Massachusetts Bay, with the warmest sentiments of loyalty, duty, and affection, beg leave to approach the throne, 16 122 MASSACHUSETTS STATE PAPERS. and to lay at your Majesty's feet, their humble supplications, in behalf of your distressed subjects, the people of this province. 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 great expense, migrated from the mother kingdom, took possession of this land, at that time a wild- erness, the right whereof they purchased, for a valuable consider- ation, of tlie council established at Plymouth, to whom it had been granted bv your Majesty's royal predecessor, King James the First. From the principles of loyalty to their Sovereign, which will ever warm the breast of a true subject, though 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, even to this time, have aftbrded 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 war-like 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, and 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 conceive, punctually complied with all the conditions of it, till in an unhappy time, it was vacated. But after the revolution, when King Wil- liam and Queen Mary, of glorious and blessed memory, were established on the throne — in that happy reign, when to tlie joy of the nation and its dependencies, the crown was settled in your Majesty's illustrious family, the inhabitants of this province shared in the common blessing. They then 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 lands or territories, as was granted by the former- charter, together with other the most essential rights and liberties contained therein ; the principal of which is, that which your Ma- jesty's subjects within the realm have held a most sacred right, of being taxed only by representatives of their own free election. Thus blessed with the rights of Englishmen, through the indul- gent smiles of Heaven, and under the auspicious government of your Majesty and your royal predecessors, your people of this province have been happy, and your Majesty has acquired a nuuie- ¥ MASSACHUSETTS STATE PAPERS. 123 rous 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, ever have, and still continue to ac- knowledge your Majesty's High Court of Parliament the supreme legislative power of the whole empire ; the superintending au- thority of which is clearly admitted in all cases, that can consist with the fundamental rights of nature and the constitution ; to which your Majesty's happy subjects, in all parts of your empire, conceive they have a just and equitable claim. It is with the deepest concern, that your humble suppliants would represent to your Majesty, that your Parliament, the recti- tude of whose intentions is never to be questioned, has thought proper to pass divers acts, imposing taxes on your Majesty's sub- jects in America, with the sole and express purpose of raising a revenue. If your Majesty's subjects here siiall be deprived of the honor and privilege of voluntarily contributing their aid to your Majesty, in supporting your government and authority in the pro- vince, 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 power of granting the property of their fellow sub- jects in this province, your people must then regret their unhappy fate in having only the name left of free subjects. With all humility we conceive that a representation of your Majesty's subjects of this province in the Parliament, considering their local circumstances, is utterly impracticable. Your Majesty has heretofore been graciously pleased to order your requisitions to be laid before the Representatives of your people in the General Assembly, who have never failed to afford the necessary aid, to the extent of their ability, and sometimes beyond it ; and it would be grievous to your Majesty's faithful subjects to be called upon in a way, that should appear to them to imply a distrust of their most ready and willing compliances. 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 pro- vince, we most humbly beseech your Majesty to take our present unhappy circumstances under your royal consideration, and afford us i-elief in such a manner as in your Majesty's great wisdom and clemency shall seem meet. P 124 MASSACHUSETTS STATE PAPERS. V LETTER FROM THE HOUSE OF REPRESENTATIVES, TO D. DE BERDT, ESQ. AGENT FOR THE PROVINCE, IN ENGLAND; JANUARY 12, 1768. SIR, Since the last sitting of the General Court, divers acts of Par- liament, relating to the colonies, have arrived here i and as the peo- ple of this province had no share in the framing those laws, in which they are so deeply interested, the House of Representatives, who are constitutionally entrusted by them, as the guardians of their rights and liberties, have thought it their indispensable duty^ carefully to peruse them; and having so done, to point out such matters in them, as appear to be grievous to theii* constituents, and to seek redress. The fundamental rules of the constitution are the grand security of all British subjects ; and it is a security which they are all equally entitled to, in all parts of his Majesty's extended domin- ions. The supreme legislative, in every free state, derives its power from the constitution ; by the fundamental rules of which, it is bounded and circumscribed. As a legislative power is essen- tially requisite, where any powers of government are exercised, it is conceived, the several legislative bodies in America were erect- ed, because their existence, and the free exercise of their power, within their several limits, are essentially importent and necessary, to preserve to his Majesty's subjects in America, the advantages of the fundamental laws of the constitution. When we mention the rights of the subjects in America, and the interest we have in the British constitution, in common with all other British subjects, we cannot justly be suspected of the most distant thought of an independency on Great Britain. Some, we know, have imagined this of the colonists, and others may, perhaps, have industriously propagated it, to raise groundless and unrea- sonable jealousies of them ; but it is so far from the truth, that we apprehend the colonies would refuse it if oftered to them, and would even deem it the greatest misfortune to be obliged to ac- cept it. They are far from being insensible of their happiness, in being connected with the mother country, and of the mutual ben- efits derived from it to both. It is, therefore, the indispensable duty of all, to cultivate and establish a mutual harmony, and to promote the intercourse of good offices between them ; and while both have the free enjoyment of the rights of our happy constitu- tio:i, there will be no grounds of envy and discontent in the one, nor of jealousy and mistrust in the other. It is the glory of tlie British constitution, that it hath its found- ation in the law of God and nature. It is an essential, natural right, that a man shall quietly enjoy, and have the sole disposal ol' MASSACHUSETTS STATE PAPERS. 125 his own property. This right is adopted into the constitution. This natural and constitutional right is so familiar to the Ameri- can subjects, that it would be difficult, if possible, to convince them, that any necessity can render it just, equitable and reason- able, in the nature of things, that the Parliament should impose duties, subsidies, talliages, and taxes upon them, internal or ex- ternal, for the sole purpose of raising a revenue. The reason is obvious ; because, they cannot be represented, and therefore, their consent cannot be constitutionally had in Parliament. When the Parliament, soon after the repeal of the stamp act, thought proper to pass another act, declaring the authority, power, and right of Parliament, to make laws that should be binding on the colonies, in all cases, whatever, it is probable that acts for levy- ing taxes on the colonies, external and internal, were included ; for the act made the last year, imposing duties on paper, glass, &c. as well as the sugar acts and the stamp act, are, to all intents and purposes, in form, as well as in substance, as much revenue acts, as those for the land tax, customs and excises in England. The necessity of establishing a revenue in America, is expressly men- tioned in the preambles ; they were originated in the honorable House of Commons, as all other money and revenue bills are ; and the property of the colonies, with the same form, ceremony and expressions of loyalty and duty, is thereby given and granted "to his Majesty, as they usually give and grant their own. But we hum- bly conceive, that objections to acts of this kind, may be safely, if decently made, if they are of dangerous tendency in point of com- merce, policy, and the true and real interest of the whole empire. It may, and if it can, it ought to be made to appear, that such acts are grievous to the subject, burthensome to trade, ruinous to the nation, and tending on the whole to injure the revenue of the Crown. And surely, if such mighty inconveniencies. Is, and mischiefs, can be pointed out with decency and perspic ly, there will be the highest reason not only to hope for, but fully to expect redress. It is observable, that though many have disregarded life, and contemned liberty, yet there are few men who do not agree that property is a valuable acquisition, which ought to be held sacred. Many have fought, and bled, and died for this, who have been in- sensible to all other obligations. Those who ridicule the ideas of right and justice, faith and truth among men, will put a high value upon money. Property is admitted to have an existence, even in the savage state of nature. The bow, the arrow, and the toma- hawk ; the hunting and the fishing ground, are species of^jroperty, as important to an American savage, as pearls, rubies and dia- monds are to the Mogul, or a Nabob in the East, or the lands, tenements, hereditaments, messuages, gold and silver of the Euro- peans. And if property is necessary for the support of savage life, it is by no means less so in civil society. The Utopian scheme* 126 MASSACHUSETTS STATE PAPERS. of levelling, and a community of good's, are as visionary and im-' practicable, as those Avhich vest all property in the Crown, are ar- bitrary, despotic, and in our government unconstitutional. Now, what property can the colonists be conceived to have, if their mo- ney may be granted away by others, without their consent ? This most certainly is the present case ; for they were in no sense rep- resented in Parliament, when this act for raising a revenue in America was made. The stamp act was grievously complained of by all the colonies ; and is there any I'eal dift'erence between this act and the stamp act ? They were both designed to raise a reve- nue in America, and in the same manner, viz. by duties on cer- tain commodities. The payment of the duties imposed by the stamp act, might have been eluded by a total disuse of the stamped paper ; and so may the payment of these duties, by the total dis- use of the articles on which they are laid ; but in neither case, without difficulty. Therefore, the subjects here, are reduced to the hard alternative, either of being obliged totally to disuse arti- cles of the greatest necessity, in common life, or to pay a tax without their consent. The security of right and property, is the great end of govern- ment. Surely, then, such measures as tend to render right and property precarious, tend to destroy both property and govern- ment ; for these must stand and fall together. It would be diffi- cult, if possible, to show, that the present plan of taxing the colo- nies is more favorable to them, than that put in use here, before the revolution. It seems, by the event, that our ancestors were, in one respect, not in so melancholy a situation, as wc, their pos- terity, are. In those times, the Crown, and the ministers of the Crown, without tlie intervention of Parliament, demolished char- ters, and levied taxes on the colonies, at pleasure. Governor An- dross, in the time of James II. declared, that wherever an English- man sets his foot, all he hath is the King's ; and Dudley declared, at the Council Board, and even on the sacred seat of justice, that the privilege of Englishmen, not to be taxed without their consent, and the laws of England, would not follow them to the ends of the earth. It was, also, in those days, declared in Council, that the King's subjects in New England did not differ much from slaves ; and that the only dift'erence was, that they were not bought and sold. But there was, even in those times, an excellent Attorney General, Sir William Jones, who was of another mind ; and told King James, that he could no more grant a commission to levy money on his subjects in Jamaica, though a conquered island, without tlieir consent, by an Assembly, than they could discharge themselves from their allegiance to the English Crown. But the misfortune of the colonists at present is, that tliey are taxed by Parliament, without their consent. This, while the Parliament continues to tax us, will ever render our case, in one respect, more deplorable and remediless, under the best of Kings, than MASSACHUSETTS STATE PAPERS. 127 that of our ancestors was, under the worst- They found relief by the interposition of Parliament. But by the intervention of that very power, we are taxed, and can appeal for relief, from their jRnal decision, to no power on earth ; for there is no power on earth above tliem. The original contract between the King and the first planters here, was a royal promise in behalf of the nation, and which till very lately, it was never questioned but the King had a power to make ; namely, that if the adventurers would, at their own cost and charge, and at the hazard of their lives and every thing dear to them, purchase a new world, subdue a wilderness, and thereby enlarge the King's dominipns, they and their posterity should en- joy such rights and privileges as in their charters are expressed ; v/hich are, in general, all the rights, liberties and privileges of his Majesty's natural born subjects within the realm. The principal privilege implied, and in some of their charters expressed, is a free- dom from all taxes, but such as they shall consent to in person, or by representatives of their own free choice and election. The late King James broke the original contract of the settlement and gov- ernment of these colonies ; but it proved happy for our ancestors in the end, that he had also broken the original compact with his three kingdoms. This left them some gleam of hope ; this very thing, finally, was the cause of deliverance to the nation and the colonies, nearly at the same time ; it was the Parliament, the su- preme legislative and constitutional check on the supreme execu- tive, that in time operated effects worthy of itself ; the nation and her colonies have since been happy, and our princes patriot Kings. The law and reason teaches, that the King can do no wrong ; and that neither King nor Parliament are otherwise inclined than to justice, equity and truth. But the law does not presume that the King may not be deceived, nor that tlie Parliament may not be misinformed. If, therefore, any thing is wrong, it must be imputed to such causes. How far such causes have taken place and operated against the colonies, is humbly submitted to the revision and re-! consideration of all. By the common law, the colonists are adjudged to be natural born subjects. So they are declared by royal charter ; and they are so, by the spirit of the law of nature and nations. No jurist, Avho has the least regard to his reputation in the republic of let- ters, will deny that they are entitled to all the essential rights, liberties, privileges and immunities, of his Majesty's natural sub- jects, born within the realm. The children of his Majesty's natu- ral born subjects, born passing and repassing the seas, have, by feundry acts of Parliament, from Edward the Third to this time, been declared natural born subjects; and even foreigners, residing a certain time in the colonies, are, by acts of Parliament, entitled to all the rights and privileges of natural born subjects. And it is remarkable, that the Act of 13 Geo. II. chap. 7, presupposes that 128 MASSACHUSETTS STATE PAPERS. the colonists are natural born subjects ; and that they are entitled to all the privileges of such 5 as appears by the preamble, which we shall now recite. " Whereas the increase of people is the means of advancing the wealth and strength of any nation or country ; and wliereas many foreigners and strangers, from the lenity of our government and purity of our religion, the benefit of our laws, the advantages of our trade, and the security of our property, might be induced to come and settle in some of his Majesty's colonies in America, if they were made partakers of the advantages and priv- ileges which natural born subjects of this realm do enjoy." Which plainly shows it to be the sense of the nation, that the colonies were entitled to, and did actually enjoy, the advantages and priv- ileges of natural born subjects. But if it could be admitted as clearly consistent with the constitution, for the Parliament of Great Britain to tax the property of the colonies, we presume it can be made to appear to be utterly inconsistent with the rules of equity that they should, at least at present. It must be consider- ed, that by acts of Parliament, the colonies are prohibited from importing commodities of the growth or manufactuie of Europe, except from Great Britain, saving a few articles. This gives the advantage to Great Britain of raising the price of lier commodities, and is equal to a tax. It is too obvious to be doubted, that by the extraordinary demands from the colonies of the manufactures of Britain, occasioned by this policy, she reaps an advantage of at least twenty per cent, in the price of them, beyond what the colo- nies'might purchase them for at foreign markets. The loss, there- fore, to the colonists, is equal to the gain which is made in Britain. This in reality is a tax, though not a direct one ; and admitting that they take annually from Great Britain, manufactures to the value of two millions sterling, as is generally supposed, they then pay an annual tax of four hundred thousand pounds, besides the taxes which are directly paid on those manufactures in England. The same reasoning will hold good with respect to the many enu- merated articles of their produce, which the colonies are restrain- ed, by act of Parliament, from sending to any foreign port. By this i-estraint, the market is glutted, and consequently the produce sold, is cheaper ; which is an advantage to Great Britain, and an equal loss to, or tax upon, the colonists. Is it reasonable, then, that the colonies should be taxed on the British commodities here ^ espe- cially when it is considered, that the most of them settled a wil- derness, and, till very lately, defended their settlements without a farthing's expense to the nation. They bore their full propor- tion of the charges of securing and maintaining his Majesty's rights in America, in every war from their first settlement, without any consideration ; for the grants of Parliament in the last war were compensations for an overplus of expense on their part. Many of them, and this province in particular, have always maintained their own frontiers at their own expense 5 and have also frequently de- MASSACHUSETTS STATE PAPEHS. 129 fended his Majesty's garrison at Annapolis, when it must other- wise have been unavoidably lost. The nation, in the late war, acquired lands equal in value to all the expense she has been at iu America, from its settlement ; while the trade of the colonies has been only "secured and restricted;" it has not been enlarged, though new avenues of beneficial commerce have been opened to the mother country. The colonies have reaped no share in the lands which they helped to conquer, while millions of acres of those very lands have been granted, and still are granting, to people who, in all probability, will never see, if they settle them. The appropriation of the monies, to arise by these duties, is an objection of great weight. It is, in the first place, to be applied for the payment of the necessary charges of the administration of justice, and the support of civil government, in such colonies where it shall be judged necessary. This House apprehends it would be grievous, and of dangerous tendency, if the Crown should not only appoint Governors over the several colonies, but allow the^n such stipends as it shall judge proper, at the expense of the people, and without their consent. Such a power, under a corrupt adminis- tration, it is to be feared, would introduce an absolute government in America; at best, it would leave the people in a state of utter uncertainty of their security, which is far from being a state of civil liberty. The Judges in tlie several colonies do not hold their com- missions during good behavior. If then they are to have salaries independent of the people, how easy will it be for a corrupt Gov- ernor to have a set of Judges to his mind, to deprive a bench of justice of its glory, and the people of their security. If the Judges of England have independent livings, it must be remembered, that the tenure of their commission is during good behavior, which is a safeguard to the people. And besides, they are near the throne, the fountain of right and justice ; whereas American Judg- es, as well as Governors, are at a distance from it. Moreover, it is worth particular notice, that in all disputes between power and liberty in America, there is danger that the greatest credit will always be given to the officers of the Crown, who are the men in power. This we have sometimes found by experience ; and it is much to be feared, that the nation will fall into some- dangerous mistake, if she has not already, by too great attention to the repre- sentations of particular persons, and a disregard to others. But the residue of these monies is to be applied by Parliament, from time to time, for defending, protecting and securing the colo- nies. If the government at home is apprehensive that the colonists will be backward in defending themselves and securing his Majes- ty's territories in America, it must have been egregiously misin- formed. We need look back no farther than the last war, for evidence of a contrary disposition. They always discovered the most cheerful compliance with his Majesty's requisitions of men and monev for this purpose. They were then treated as free Brit- 17 130 MASSACHUSETTS STATE PAPERS. ish subjects, and never failed to grant aid to his Majesty of their own free accord, to the extent of their ability, and even beyond it ; of which the Parliament were then so sensible, that they made them grants, from year to year, by way of compensation for extra services. It is not at all to be doubted, but if they are still con- sidered upon the footing of subjects, they will always discover the same disposition to exert themselves for his Majesty's service and their own defence ; which renders a standing army in the colonies a needless expense. Or, if it be admitted that there may be some necessity for them in the conquered province of Canada, where the exercise of the Romish religion, so destructive to civil society, is. allowed, surely there can be no need of them in the bowels of the old colonies, and even in cities, where there is not the least dan- ger of a foreign enemy, and where the inhabitants are as strongly attached to his Majesty's person, family and government, as in Great Britain itself. There is an English affection in the colonists towards the mother country, which will forever keep them con- nected with her, to every valuable purpose, unless it shall be erased by repeated unkind usage on her part. As Englishmen, as well as British subjects, they have an aversion to an unnecessary standing army, which they look upon as dangerous to their civil liberties ; and considering the examples of ancient times, it seems a little surprising, that a mother state should trust large bodies of mer- cenary troops in her colonies, at so great a distance from her, lest, in process of time, when the spirits of the people shall be depress- ed by the military power, another Caesar should arise and usurp the authority of his master. The act enabling his Majesty to appoint Commissioners of the Customs' to reside in America, has also been read in the House. It declai'es an intention to facilitate the trade of America, of which ■we cannot have any great hopes, from the tenor of the commission. In general, innovations are dangerous ; the unnecessary increase of Crown Officers is most certainly so. These gentlemen are au- thorized to appoint as many as they shall think proper, without limitation. This will probably be attended with undesirable ef- fects. An host of pensioners, by the arts they may use, may in time become as dangerous to the liberties of the people as an army of soldiers ; for there is a Way of subduing a people by art, as well as by arms. We are happy and safe under his present Majesty's mild and gracious administration ; but the time may come, when the united body of pensioners and soldiers may ruin the liberties of America. The trade of the colonies, we apprehend, may be as easily carried on, and the acts of trade as duly enforced, without this commission ; and, if so, it must be a very needless expense, at a time when the nation and her colonies are groaning under debts contracted in the late war, and how far distant another may be, Grod only knows. MASSACHUSETTS STATE PAPERS. 131 There is another act, which, this House apprehends, must be alarming to all the colonies ; which is the act for suspending the legislative power of the Assembly of New York on a certain con- dition. A legislative body, without the free exercise of the pow- ers of legislation, is to us incomprehensible. There can be no material difference between such a legislative and none at all. It cannot be said, that the Assembly of New York hath the free ex- ercise of legislative power, while their very existence is suspended upon their acting in conformity to the will of another body. Such a restriction throughout the colonies, would be a short and easy method of annihilating the legislative powers in America, and by consequence of depriving the people of a fundamental right of the constitution, namely, that every man shall be present in the body which legislates for him. It may not be amiss to consider the tendency of a suspension of colony legislation for non compliance with acts of Parliament, re- quiring a Provincial Assembly to give and grant away their own and their constituents money for the support of a st&nding army. We cannot but think it hard enough to have our property granted away without our consent, without being ordered to deal it out oursejves, as in the case of the mutiny act. It must be sufficiently humiliating to part with our property in either of those ways, much more in both ; whereby, as loyal subjects as any under his Majesty's government, and as true lovers of their country as any people whatever, are deprived of the honor and merit of voluntari- ly contributing to the service of both. What is the plain language of such a suspension ^ We can discover no more nor less in it than this : If the American assemblies refuse to grant as much of their own and their constituents money, as shall from time to time be enjoined and prescribed by the Parliament, besides what the Par- liament directly taxes them, they shall no longer have any legisla- tive authority ; but if they comply with what is prescribed, they may still be allowed to legislate under their charter restrictions. Does not political death and annihilation stare us in the face as strongly on one supposition as the other ? Equally, in case of com- pliance as of non compliance. But let us suppose, for a moment, a series of events taking place, the most favorable in the opinion of those who are so fond of these new regulations ; that all difficulties and scruples of con- science were removed, and that every Representative in America should acknowledge a just and equitable right in the Commons of Great Britain, to make an unlimited grant of his and his constitu- ents property ; that they have a clear right to invest the Crown with all the lands in the colonies, as effectually as if they had been forfeited. Would it be possible for them to conciliate their constituents to such measures ? Would not the attempt suddenly cut asunder all confidence and communication be- tween the representative body and the people ? What, thenj 132 MASSACHUSETTS STATE PAPERS. ' would be tlie consequence ? Could any thing be reasonably ex- pected but discontent, despair and rage, against their representa- tives, on the side of the people, and on the part of government, the rigorous exertion of civil and military power P The confusion and misery, after such a fatal crisis, cannot be conceived, much less described. The present regulations and proceedings, with respect to the colonies, we apprehend to be opposite to every px-inciple of good and sound policy. A standing army, in time of profound peace, is naturally productive of uneasiness and discontent among the people ; and yet the colonies, by the mutiny act. are ordered and directed to provide certain enumerated articles ; and the pains and penalties, in case of non compliance, are evident, in the precedent of New York. It also appears, that revenue officers are multiply- ing in the colonies, with vast powers. The Board of Commission- ers, lately appointed to reside here, have ample discretionary powers given them, to make what appointments they please, and to pay the appointees what sums they please. The establishment of a Protestant Episcopate, in America, is also very zealously con- tended for ; and it is very alarming to a people, whose fathers, from the hardships they suffered, under such an establishment, were obliged to fly their native country into a wilderness, in order peaceably to enjoy their privileges, civil and religious. Their being threatened with tlie loss of both at once, must throw them into a disagreeable situation. We hope in God such an estab- lishment will never take place in America, and we desire you would strenuously oppose it. The revenue raised in America, for ought we can tell, may be as constitutionally applied towards the support of prelacy, as of soldiers and pensioners. If the pro- perty of the subject is taken from him, without his consent, it is immaterial whether it be done by one man, or five hundred ; or whether it be applied for the support of ecclesiastic or military power, or both. It may be well worth the consideration of the best politician in Great Britain or America, what the natural ten- dency is of a vigorous pursuit of these measures. We are not in- sensible tliat some eminent men, on both sides the water, are less friendly to American charters and assemblies, than could be wished. It seems to be growing fashionable to treat them, in com- mon conversation, as well as in popular publications, with con^ tempt. But if we look back a few reigns, we shall find that even the august assembly, the Parliament, was, in every respect, the ob- ject of a courtier's reproach. It was even an aphorism with King James the First, that the Lords and Commons were two verv bad copartners with a Monarch ; and he and his successors broke the copartnership as fast as possible. It is certainly unnatural for a British politician to expect, that ever the supreme executive of the nation can long exist, after the supreme legislative shall be de- pressed and destroyed, which may God forbid. If the supreme MASSACHUSETTS STATE PAPERS. 133 executive cannot exist long in Britain, without the support of the supreme legislative, it should seem very reasonable, in order to support the same supreme executive, at the distance of a thousand transmarine leagues from the metropolis, there should be, in so remote dominions, a free legislative, within their charter limita- tions, as well as an entirely free representative of the supreme ex- ecutive of his Majesty, in the persons of Governors, Judges, Justi- ces, and other executive officers ; otherwise strange effects are to be appreliended ; for the laws of God and nature are invariable. A politician may apply or misapply these to a multiplicity of pur- poses, good or bad ; but these laws were never m,ade for politicians to alter. Should the time ever come, when the legislative assem- blies of North America sh^ll be dissolved and annihilated, no more to exist again, a strange political phenomenon will probably ap- pear. All laws, both of police and revenue, must then be made by a legislative, at such a distance, that without immediate inspira- tion, the local and other circumstances of the governed, cannot possibly be known to those who give and grant to the Crown, what part of the property of their fellow subjects they please. There will then be no Assemblies to support the execution of such laws : and, indeed, while existing, by what rule of law or reason, are the members of the Colony Assemblies executive officers ? They have, as Representatives, no commission but from their constituents ; and it must be difficult to show, why they are more obliged to ex- ecute acts of Parliament, than such of their constituents, as hold no commissions from the Crown. The most that can be expected from either, is submission to acts of Parliament ; or to aid the offi- cers, as individual, or part of the posse comitatus, if required. It would seem strange to call on the Representatives, in any other way, to execute laws against their constituents and themselves, Avhich both have been so far from consenting to, that neither were consulted in framing them. Yet it was objected by some, to the American Assemblies, that they neglected to execute the stamp act ; and that their resolves tended to raise commotions ; which certainly was not the case here. For all tlie disorders in Boston, in which any damage was done to property, happened long before the resolves of the House of Representatives here were passed. We have reason to believe, that the nation has been grossly mis- informed with respect to the temper and behavior of the colonists ; and it is to be fearetl that some men will not cease to sow the seeds of jealousy and discord, till they shall have done irreparable, mis- chief. You will do a singulai- service to both countries, if possible, in detecting them. In the mean time, we desire you would make known to his Majesty's ministers the sentiments of this House, contained in this letter, and implore a favorable consideration of America. 134: MASSACHUSETTS STATE PAPERS. J CIRCULAR LETTER, FROM THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS BAY, AD- DRESSED TO THE SPEAKERS OF THE RESPECTIVE HOUSES OF REPRE» SENTATIVES AND BURGESSES ON THIS CONTINElffT, Province of Massachusetts Bay, February 11, 1768. _. SIR, The House of Representatives of this province, have taken into their serious consideration, the great difficulties that must ac- crue to themselves and their constituents, by the operation of sev- eral 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 House is deeply impressed with its importance, and that such constitutional measures will be come into, as are proper. It seems to be necessary, that all possi- ble 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 candi^Jy considered in no other light than as expressing a disposition freely to communicate their mind to a sister colony, upon a common con- cern, in the same manner as they would be glad to receive the sentiments of your or any other House of Assembly on the con- tinent. The House have humbly represented to the ministry, their own sentiments, that his Majesty's high court of Parliament is the su- preme legislative power over the whole empire ; that in all free states the constitution is fixed, and as the supreme legislative de- rives its power and authority from the constitution, it cannot over- leap the bounds of it, without destroying its own foundation ; that the constitution ascertains and limits both sovereignty and alle- giance, and, therefore, his Majesty's American subjects, who ac- knowledge 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, unalteiable 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 cannot betaken from him with- out his consent ; that the Ameiican subjects may, therefore, exclu- sive of any consideration of charter rights, with a decent firmness, adapted to the character of free men and subjects, assert this natural and constitutional right. It is, moreover, their humble opinion, which they express with * In addition to former acts, one passed io 17§7, imposing a duty oB paper, glass, tea* &«< MASSACHUSETTS STATE PAPERS. 135 the greatest deference to the wistlom 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 revenue, are in- fringements of their natural and constitutional rights ; because, as thej are not represented in the British Parliament, his Majesty's Commons in Britain, by those acts, grant their property without their consent. This House further are of opinion, that their constituents, con- sidering their local circumstances, cannot, by any possibility, be represented in the Parliament ; and that it will forever be imprac- ticable, that they should be equally represented there, and conse- quently, not at all ; being separated by an ocean of a thousand leagues. That his Majesty's royal predecessors, for this reason, were graciously pleased to form a subordinate legislature here, that their subjects might enjoy the unalienable right of a representa- tion : also, that considering the utter impracticability of their ever 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 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 hum- ble, dutiful, and loyal petition, to our most gracious sovereign, and made such representations to his Majesty's ministers, as they ap- prehended would tend to obtain redress. They have also submitted to consideration, whether any people can be said to enjoy any degree of freedom, if the Crown, in addi- tion to its undoubted authority of constituting a Governor, should appoint him such a stipend as it may judge proper, without the consent of the people, and at their expense ; and whether, while the judges of the land, and other civil officers, hold not their com- missions during good behaviour, their having salaries appointed for them by the Crown, independent of the people, iiath not a ten- dency to subvert the principles of equity, and endanger the hap- piness and security of the subject.* In addition to these measures, the House have written a letter to their agent, which he is directed 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 enumerated articles for the King's marching troops, and * A plan was already proposed (and afterwards adopted by the British ministry) to have the salaries of the Go^•ernor and Judges of the Supreme Court, fixed by the Crown, though paid by the people here. This was an innovation which justly alarmed the citizens of this pro« yince. 136 MASSACHUSETTS STATE PAPERS. the people to pay the expenses ; and also, the commission of tlie gentlemen apjwinted commissioners of the customs, to reside in America, which authorizes them to make as many appointments as they think fit, and to pay the appointees what sum 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 de- gree as to become dangerous to the liberty of the people, by virtue of a commission, whicii does not appear to this House to derive any such advantages to trade as many have supposed. 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 to the Parliament, as factious, disloyal, and having a disposition to make themselves independent of the mother country, they have taken occasion, in the most humble terms, to assure his Majesty, and his ministers, that, with regard to the people of this province, and, as they doubt not, of all the colonies, the charge is un- just. The House is fully satisfied, that your Assembly is too gen- erous and liberal in sentiment, to believe that this letter proceeds from an ambition of taking the lead, or dictating to the other as- semblies. They freely submit their opinions to the judgment of others ; and shall take it kind in your House to point out to them any thing further, that may be thought necessary. This House cannot conclude, without expressing their firm con- fidence in the King, our common head and father ; that the united and dutiful supplications of his distressed American subjects, wi^l meet with his royal and favorable acceptance.* [The Committee by whom the foregoing, and also Petition to the King, Letter to the Agent, to Lord Shelburne. &c. were, Mr. Cushing, (the Speaker,) Col. Otis, Mr. Adams, Major Hawley, Mr. Otis, Mr. Hancock, Capt. Sheaffe, Col. Bowers, and Mr. Dexter.] * Tlie Editor cannot but observe, tliat this circular was one of the most effectual measures to call the attention of the colcwiists to their real situation, in a political view, to dis«emiuate correct sentimeuts on their constitutional and charter rights, to inspire a resolution to de- fend those rights, and to shew to the British administration, that the opposition in Massachu- setts, to the late acts of Parliament, was the efforts of men who knew how both to appreciate and defend their political freedom. This will appear by the subsequent conduct of admin- istration ; for it was soon required that this circular should be rescinded ; and when the General Court refused to do it, it was most arbitrarily ordered that it be dissolved. This, however, was only onej in a series of measures adopted, to resist the encroachjii^nts of despotic power, and to maintain the liberty long enjoyed by our ajicestors. MASSACHUSETTS STATE PAPERS. 137 LETTER FROM THE HOUSE OF REPRESENTATIVES, TO THE RIGHT HONORABLE THE EARL OF SHELBURNE, ONE OF HIS MAJESTY'S PRINCIPAL SECRETARIES OF STATE. Province of Massachusetts Bay, January 15, 1768. MY LORD, The House of Representatives of this his Majesty's province, having had experience of your Lordship's generous sentiments of his Majesty's most loyal, though remote subjects in America, and of your noble exertions in their behalf, in the late time of their distress, beg leave to lay befare your Lordship's vievi^ the new scenes of difficulty which are again opened upon us, and to im- plore your repeated interposition. Your Lordship is not insensible that our forefathers were, in an unhappy reign, driven into this wilderness by the hand of power. At therir own expense they crossed an ocean of three thousand miles, and purchased an inheritance for themselves and their pos- terity, with the view of propagating the christian religion, and en-v larging the English dominion in this distant part of the earth. Through the indulgent smiles of Heaven upon them, though not without hardship and fatigue; unexperienced, and perhaps hardly to be conceived by their brethren and fellow subjects in their na- tive land; and with the constant peril of their lives from a nume- rous race of men, as barbarous and cruel, and yet as warlike as any people upon the face of the earth, they increased their num- bers, and enlarged their settlement. They obtained a charter from King Charles the First, wherein his Majesty was pieased to recognize to them a liberty to worship God according to the uic- tates of their conscience ; a blessing which in those unhappy times was denied to them in their own country ; and the rights, liber- ties, privileges and immunities of his natural born subjects within the realm. This charter they enjoyed, having punctually fulfilled the conditions of it, till it was vacated, as we conceive arbitrarilj'', in the reign of King Charles the Second. After the revolution, that grand era of British liberty, when King William and Qiiecu Mary, of glorious and blessed memory, were established on the throne, the inhabitants of this province obtained another charter, in which the most essential rights and privileges, contained in the former, were restored to tliem. Thus blessed with the liberties of Englishmen, they continued to increase and multiply, till, as your Lordship knows, a dreary wilderness is become a fruitful field, and a grand source of national wealth and glory. By the common law, my Lord, as well as sundry acts of Par- liament, from the reign of Edward the Third, the children of his 18 ]?38 MASSACHUSETTS STATE PAPERS. Majesty's natural born subjects, born passing and repassing the seas, are entitled to all the rights and privileges of his natural subjects born within the realm. From hence the conclusion ap- pears to be indisputable, that the descendants of his Majesty's subjects in the realm, who migrated with the consent of the na- tion, and purchased a settlement with their own treasure and blood, without any aid from the nation ; who early acknowledged their allegiance to the Crown of England, and have always ap- proved themselves faithful subjects, and in many instances giveii signal proofs of their loyalty to their King, anil their firm attach- 'ment and aft'ection to their mother country; the conclusion is strong, that exclusive of any consideration of their charter, they are entitled to the rights and privileges of the British constitution, in common with their fellow subjects in Britain. And it is very remarkably the sense of the British nation, that they are so, as ap- pears by an act of Parliament, made in the 13th of his late Majes- ty, King George the Second.* The preamble of that act plainly presupposes it ; and the purview of the same act enables and di- rects the Superior Court of Judicature of this province, a court erected by the authority of the General Court, to naturalize foreigners, under certain conditions ; which it is presumed, the wisdom of the Parliament would not have empowered any people to do, who were not themselves deemed natural born subjects. The spirit of th? law of nature and nations, supposes, that all the free subjects of any kingdom, are entitled equally to all the rights of the constitution ; for- it appears unnatural and unrea- sonable to affirm, that local, or any other circumstances, can justly deprive any part of the subjects of the same prince, of the full enjoyment of the rights of tliat constjjtuiion/upon which the gov- ernment itself is formed, and by which sovereignty and allegiance are ascertained and limited. But your Lordship is so thoroughly acquainted with the extent of the rights of men and of subjects, as to render it altogether improper to take up any more of your time on this head. There are, my Lord, fundamental rules of the constitution, which it is humbh' presumed, neither the supreme legislative nor the supreme executive can alter. In all free states, the constitution is fixed; it is from thence, that the legislative derives its authority ; therefore it cannot change the constitution without destroying its own foundation. If, then, the constitution of Great Britain is the common right of all British subjects, it is humbly referred to your Lordship's judgment, whether the supreme legislative of the em- pire may rightly leap the bounds of it, in the exercise of power over the subjects in America, any more than over those in Britain. "yVlien mention is made of the rights of American subjects, and the interest they haVe in the British constitution, in common with *See page 128, Letter to De Berdt. MASSACHUSETTS STATE PAPERS. 139 all other British subjects, your Lordship is too candid and just in your sentiments, to suppose that the House have the most distant thouglit of an independency of Great Britain. They are not in- sensible of their security and happiijess in their connexion with, and dependence on the mother state. These, my Lord, are the senti- ments of the House, and of their constituents ; and th^ have reason to believe, they are the sentiments of all the colonies. Those who are industriously propagating in the nation a different opinion of the colonists, are not only doing the greatest injustice to them, but an irreparable injury to the nation itself. It is the glory of the British constitution, that it has its founda- tion in the law 4)f God and nature. I'e is essentially a natural right, that a man shall quietly enjoy, and have the sole disposal of his own property. This right is ingrafted into the British consti- tution, and is familiar to the American subjects. And your Lord- ship will judge, whether any necessity can render it just and equitable in the nature of things, that the supreme legislative of the empire, should impose duties, subsidies, talliages and taxes, in- ternal or external, for the sole purpose of raising a revenue, upon subjects that are not, and cannot, considering their local circum- stances, by any possibility, be equally represented, and consequent- \y, whose consent cannot be had in Parliament. The security of right and property, is the great end of govern- ment. Surely, then, such measures as tend to render right and property precarious, tend to destroy both property and government, lor these must stand or fall together. Property is admitted to have an existence in the savage state of nature ; and if it is ne- cessary for the support of savage life, it by no means becomes less so in civil society. The House intreat your Lordship to consider, whether a colonist can be conceived to have any property which he may call his own, if it may be granted away by any other body^ without his consent. And they submit to your Lordship's judg- ment, whether this was not actually done, when the act for granting to his Majesty certain duties on paper, glass, and other articles, for the sole and express purpose of raising a revenue in America, was made. It is the judgment of Lord Coke, that the Parliament of Great Britain cannot tax Ireland " quia ri.ilites ad Farliamen- tum non mittanty And Sir William Jones, an eminent jurist, declared it as his opinion, to King Charles the Second, that he could no more grant a commission to levy money on his subjects in Jamaica, without their consent, by an assembly, than they could discharge themselves from their allegiance to the Crown. Your Lordship will be pleased to consider that Ireland and Jamaica were both conquered ; which cannot be said of any of the colonies, Canada excepted ; the argument therefore, is stronger in favor of the colonies. Our ancestors, when oppressed in the unfortunate reign of James the Second, found relief by the interposition of the Parlia- 140 MASSACHUSETTS STATE PAPERS. ment. But it is the misfortune of the colonies at present, that by the intervention of that power they are taxed ; and they can ap- peal for relief from their final decision to no power on earth, for there is no power on earth above them. Your Lordship will in- dulge the House in expressing a deep concern upon this occasion ; for it is the language of reason, and it is the opinion of the greatest writers on the law of nature and nations, that if the Parliament should make any considerable change in the constitution, and the nation should be voluntarily silent upon it, this would be consider- ed as an approbation of the act. But the House beg leave to represent to your Lordship, that although the right of the Parliament to impose taxes on the colo- nies, without a representation there, was indisputable, we.Jiumbly conceive it may be made fully to appear to be unequal that they should, at least at present. Your Lordship will be pleased to re- member, that by an act of Parliament, the colonists are prohibited from importing commodities and manufactures of the growth of Europe, saving a few articles, except from Great Britain. This prohibition not only occasions a much greater demand upon the mother country for her manufactures, but gives the manufacturers there the advantage of their own price ; and can it be questioned, my Lord, but the colonists are obliged by means of this policy, to purchase the British manufactures at a much dearer rate, than the like manufactures would be purchased at, if they were allowed to go to foreign markets ? It is a loss to the colonists, and an equal gain to Great Britain. The same reasoning holds good with respect to the many articles of their produce, which the colonies are re- strained by act of Parliament from sending to foreign ports. This is in reality a tax, though an indirect one, on the colonies ; besides the duties of excise and customs laid on the manufactures in Great Britain. A celebrated British writer on trade, coinputes the arti- ficial value arising from these duties, to be no less than fifty per cent. Your Lordship will then form an estimate of the part that is paid by the colonies upon ihe importation into America, which is generally said to be at least the value of two millions sterling. The House is not, at this time, complaining of this policy of the mother state ; but beg your Lordship's impartial and candid con- sideration, whether it is not grievous to the colonies to be addition- ally taxed upon the commodities of Great Britain here, and to be solely charged with the defending and securing his Majesty's col- onies, after they have cheerfully borne their full proportion of maintaining his Majesty's rights in this part of his dominions, and reducing his enemies to terms of peace. Your Lordship will allow the House to express their fears, that the colonies have been misrepresented to his Majesty's ministers md Parliament, as having an undutiful disposition towards his -Majesty, and a di^aftection to the mother kingdom. It has, till a few years past, been the usage for his Majesty's requisitions to be MASSACHUSETTS STATE PAPERS. 141 laid before the Representatives of his people in America ; and we may venture to appeal to your Lordship, that the people of this province have been ready to afford their utmost aid lof his Majes- ty's service. It would be grievous to his most faithful subjects, to be called upon for aid in a mannef which implies a mistrust of a free and cheerful compliance. And the House intreat your Lord- ship's consideration whether our enemies at least, would not infer a want of duty and loyalty in us, when the Parliament have judged it necessary to compel us by laws for that purpose ', as by the late acts for raising a revenue in America, and the act for preventing mutiny and desertion ; in the latter of which the Governor and Council are directed to supply the King's troops with enumerated articles, and the people are required to pay the expense. But be- sides, your Lordship will judge whether the execution of this act can comport with the existence of a free legislative in America. It is unnatural to expect, that the supreme executive power can long exist, if the supreme legislative should be depressed and de- stroyed. In order, therefore, to support the supreme executive of his Majesty, at so great a distance, in the person of his Governor, Judges, and other executive officers, it seems necessary that there should be a legislative in America as perfectly free, as can consist with a subordination to the supreme legislative of the whole em- pire. ^Such a legislative is constituted by the royal charter of this province. In this charter, my Lord, the King, for himself, his heirs and successors, grants to the General Assembly full power and authority to impose and levy proportionable and reasonable assessments, rates and taxes, upon the estates and persons of the inhabitants, to be issued and disposed of, by warrant under the hand of the Governor, with the advice and consent of the Council, for the service of his Majesty, in the necessary defence and sup- port of his government of the province, and the protection and pre- servation of the inhabitants, according to such acts as are, or shall be, in force in the province. And the I^ouse are humbly of opin- ion, that the legislative powers in the several colonies in America, were originally erected upon a conviction, that the subjects there could not be represented in the supieme legislative, and conse- quently that there was a necessity that such powers should be erected. It is, by no means, my Lord, a disposition in the House to dis- pute the just authority of the supreme legislative of the nation, that induces thfeni thus to address your Lordship ; but a warm sense of loyalty to their Prince, and, they humbly apprehend, a just con- cern for their natural and constitutional rights. They beg your Lordship would excuse their trespassing upon your time and at- tention to the great affairs of state. They apply to you, as a friend to the rights of mankind, and of British subjects. As Amer- 2c«ns, they implore your Lordship's patronage, and beseech you to represent their grievances to tlie King, our Sovereign, and employ your happy influence for their lelief. 142 MASSACHUSETTS STATE PAPERS. LETTEli FROM D. DF, I3ERDT, EiQ. AGENT FOR THE PROVINCE, IN ENGLAND, TO TIIK SFEAKER OF THE HOUSE OF REPRESENTATIVES. SIR, London, May 16, ITGB. Since my last, I received your several letters, which I deliv- ered, as directed ; and at Lord Shelburne's desire, sent him your judicious observations on British liberty, which sentiments are ex- actly my own: but have not been admitted to converse with his Lordship on that liead ; nor has he returned me the papers. It is, at present, a time of great confusion , the lieals and ani- mosity of electin^^ new members of Parliament are nut yet subsi- ded; universal discontent, on account of the dearness of provi- sions, which spreads itself throughout the kingdom, and will take up the whole attention of the legislature, that I do not apprehend any thing will be done ou American affairs. However, you may rely on my watching tlie most favorable opportunity to throw in your petition, which, at present, will be by no means proper. It gives me concern, as the prosperity of America, in conjunc- tion with her mother country, lies near the heart of « Your obedient ser*vant, D. DE DERDT. ^ LETTER FROM THE.HOVbE uF REPRESENTATIVES OF THE PROVINCE OF MASSACHU- SETTS BAY, SIGNED BY THEIR SPEAKER, BY THEIR ORDER, TO THE RIGHT HONORABLE THE MARQUIS OF ROCICINGHAM, JANUARY 22, 1768. My Lord, The House of Representatives of this his Majesty's province, have had the honor of your letter of the 7th of May last, communi- cated to tliem by their vSpcaker ; and thank your Lordship for your condescension, in the kind sentiments you are pleased to ex- press of his Majesty's goad subjects of America, and of this pro- vince. The establisliing the harmony between Great Britain and her colonies, is a subject which your Lordship has judged worthy of your particular attention : and tlie exertions which you have made for this very important purpose, claims the most grateful ac- knowledgmeots of this House. Your sentiments are so nobly ex- MASSACHUSETTS STATE PAPEIIS. 143 tended beyond the most distant partial considerations, as fniist dis- tinguish you as a patron of the colonies, a friend to the Britisli constitution, and the rights of mankind. " Your Lordship is pleased to say, that you will not adopt a s^^Si- tem of arbitrary rule over the colonies ; nw do otherwise than strenuously resist, wljere attempts sliall be made to throw off that dependence, to which the colonies ought to submit. And your Lordship, with great impartiality, adds, " not only for the advan- tage of Great Bx-itain, but for their own real happiness and safety." This House, my Lord, have the honor heartily to join with you in sentiment; and they speak the language of their constituents. So sensible are they of their happiness and safety, in their union with, and dependence upon, the mother country, tliat they would by no means be inclined to accept of an independency, if offered to them. But, my Lofti, they intreat your consideration, whether the colonies have not reason to fear some danger of arbitrary rule over them, when the supreme power of the nation have thought proper to impose taxes on his Majesty's American subjects, with , the sole and express purpose of i-aising a revenue, and without their consent. My Lord, the superintending power of that high court over all his Majesty's subjects in the empire, and in all cases which can consist with the fundamental rules of the constitution, was never questioned in this province, nor, as the House conceive, in any odier. But, in all free states, the constitution is fixed ; it is from tlience, that the supreme legislative, as well as the supreme execu- tive derives its authority. Neither, then, can break through the fundamental rules of the constitution, without destroying their own foundation. It is humbly conceived, that all his Majesty's happy subjects, in every part of his wide extended dominions, have a just and equit- able claim to the rights of that constitution, upon which govern- ment itself is formed, and by which sovereignty and allegiance arc ascertained and limited. Your Lordship will allow us to say, that it is an essential right of a British subject, ingrafted into the con- stitution, or, if your Lordship will admit the expression, a sacred and unalienable, natural right, quietly to enjoy and have the sole disposal of his own property. In conformity to this, the acts of the Bi-itish Parliament declare, that every individual in the realm is present in his Majesty's high court of Parliament, by himself, or his representative, of his own free election. But, my Dord, it is apprehended that a just and equal representation of the subjects, at the distance of a thousand transmarine leagues from the metrop- olis, is utterly impracticable. Upon this opinion, this House hum- bly conceive his Majesty's royal predecessors thought it equitable to form subordinate legislative powers in America, as perfectly free as the nature of things would admit, that so their remote subjects might enjoy a right, *vhich those within the realm have ever held 144 MASSACHUSETTS STATE PAPERS. sacred, of being taxed only by representatives of their own free election. The House beg leavato observe to your Lordship, that the mo- nies which shall arise by the act for granting to his Majesty cer- tain duties on paper, glass and other articles, passed in the last session of Parliamedt, are to be applied, in the first place, for the payment of the necessary charges of the administration of justice, and the support of civil government in such colonies as shall be judged necessary ; and the residue for defending, protecting and securing the colonies. They intreat your Lordship's" considera- tion, what may be the consequences, in some future time, if the Crown, in addition to its right of appointing Governors over the colonies, which this House cheerfully recognize, should appoint them such stipends as it shall judge fit, without the consent of the people, and at their expense. And as the Judges of the land here do not hold their commissions during good behavior, your Lordship will judge, whether it may not hereafter happen, that at so great a distance from the throne, the fountain of justice, for want of an adequate check, corrupt and arbitrary rule may take place, even within the colonies, which may deprive a bench of justice of its glory, and the people of their happiness and safety. Your Lordship's justice and candor will induce you to be- lieve, that what our enemies may have taken occasion to represent to his Majesty's ministers and the Parliament, as an undutiful dis- position in the colonies, is nothing more than a just and firm at- tachment to tiieir natural and constitutional rights. It is humbly submitted to your Lordship, whether these ideas are well founded. And while this province and the colonies shall continue, in your Lordship's judgment, to be faitliful and loyal subjects to his Ma- jesty, they rely upon it, that your happy influence will ever be employed to promote the sentiments of tenderness, as well as jus- tice, in the parent country. [Letters v^^ere written by a committee of the House of Repre- sentatives*, the same session, and sent to the right honorable Henry S. Conway, one of his Majesty's principal Secretaries of State ; to the right honorable the Earl of Camden, Lord High Chancellor of England ; the right honorable the Earl of Chatham; and to the Lords Commissioners of the Treasujy. These letters are written with great ability, and breathe a noble spirit of free- dom, and present some new views of the subject, at that time con- troverted ; but as they are in substance like those here given, it was thought unnecessary to insert them in this volume. It is ob- vious, however, to remark, that these papers shew the diligence, the interest and zeal, which the patriots of that period exhibited in reference to the dispute between Great Britain and the colonies, and their unwearied eftbrts to secure the rights and liberties of the people.] MASSACHUSETTS STATE PAPERS. 145 SPEECH OF GOVERNOR BERNARD, TO THE COXWCIL AND HOUSE OF REPRESENTATIVES, MAY 26, 1763. Gentlemen of the Council, and Gentlemen of the House of RepresentatiteSy As the chief intention of this session is to constitute the Gener- ' al Court for the year ensuing, and the season makes a long contin- uation of it very inconvenient, I must recommend to you, to avoid all business, that can well be postponed, to the next session. Among those matters which will demand your immediate atten- tion, will be the providing for the solicitation of the cause of this province, with regard to the boundary line with New York. As you are contented with that line which has heretofore been report- ed by the Lords Commissioners for trade and plantations ; and the province, in general, has hitherto acquiesced in it, there is great rea- son to expect that it will be confirmed. I have sent copies of the papers relating to the treaty between the two provinces, concern- ing the line, to the Secretary of the Board of Trade ; and have prayed that this province may have time to appoint an agent, or solicitor, before their cause is brought into judgment. I shall write more fully on the subject, as occasion shall serve, and shall give this business all the assistance, which my station and ability will afford. FRA. BERNARD. •» [The Governor objected to T. Saunders, J. Hancock, J. Ger- rish, A. Ward, Col. Otis, and J. Bowers, who were chosen Coun- sellors.] • MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVE^ , JUNE 21, 1768. H'. Gentlemen of the House of Representatives, I HAVE his Majesty's orders to make a requisition to you, which I communicate in the very w«rds in which I have received it. I must desire you to take it into immediate consideration, and I assure you, that your resolution thereon, will have most important consequences to the province. I am, myself, merely ministerial in this business, having received his Majesty's instruction for all I Imve to do in it. I heartily wisli that you may see how forcible 19 146 MASSACHUSETTS STATE PAPEKS. the expediency of your giving his Majesty this testimonial of your duty and submission is, at this time. If you should think other- wise, I must nevertheless do my duty. FllA. BERNARD. MESSAGE FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, JUNE 22-, 1763. May it please your Excellency , The House of Representatives humbly request your Excel- lency to lay before them a copy of his Majesty's instructions, re- ferred to in your message of the 21st instant ; a copy of the letter to your Excellency, from the right honorable the Earl of Hillsbo- rough, dated the 22d of April, 1768 ; a copy of a letter from his Lordship, communicated lately, by your Excellency to the honor- able Board ; and copies of letters written by your Excellency to ijis Lordship, relating to the subject of your aforesaid message. ANSWER. . THE FOLLOWING MESSAGE WAS REClEIVED FROM HIS EXCELLENCT, IN ANSWER TO THE ABOVE, JUNE 24, 1753. Gentlemen of the House of Representatives, I SHOULD have communicated the whole of the Earl of HiHs- borough's letter, relating to the business which I laid before you the 2fst instant, if I had not been desirous that your compliance "with his Majesty's requisition, might have its fullest merit, by its appearing to be entirely dictated by a sense of your duty. But since you desire to know what my further orders are, I hereby send you a copy of the other part of the letter, relative to this business, which contains ail my instructions thereupon. And as I know you will not expect that I should disobey the King's positive commands, I must desire, that, if you should iesolve_ tp oblige me to execute them, you will, previously to your giving your final answer, prevent the inconveniences which must fall upon the people, for want of the annual tax bill, which, I under- stand, is not yet sent up to the Board. For, if I am obliged to dissolve the General €ourt, I shall not think myself at liberty to MASSACHUSETTS STATE PAPERS.' 14.7 call another, till I receive his Majesty's commands for that pur- pose ; which will be too late to prevent the Treasurer issuing his warrants for the whole tax, granted by the act of the last year. , As to the letter of the Earl of Hillsborough, which I communi- cated to the Council, I must beg leave to be the proper judge of the time and occasion of communicating any papers I receive, to the Council or the House. If I had tlien thought it expedient to lay it before the House, I should h^jfe done it ; when I shall think it so, I shall do it. As to your request of the copies of my letters to the Secretary of State, you may assure yourselfes, that I shall never make public my* letters to his Majesty's ministers, but upon my own motion, and for my own reasons. FRA. BERNARD. MESSAGE From the house of representatives, to the governor, JUNE 30, 1768. May it please your Excellency, The House of Representatives of this his Majesty's ancient and loyal province of the Massachusetts Bay, have, with the great- est deliberation, considered your messages of the 21st and 24th instant, with the several extracts from the letter of the right hon- orable the Earl of Hillsborough, his Majesty's principal Secretary of State for North American affairs, dated the 22d of April last, j' which your Excellency has thought fit to communicate. We have ' also received the written answer which your Excellency was pleased to give the committee of this House, directed to wait oa you the 29th instant, with a message, humbly requesting a recess, that the members might be favored with an oppoi-tunity to consult ' their constituents, at this important crisis, when a direct and per- emptory requisition is made, of a new and strange constructure, and so strenuously urged, viz. that we should immediately rescind "^ the resolution of the last House, to transmit circular letters to the other British colonies on the continent of North America, barely intimating a desire that they would join in similar dutiful and loy- al petitions to our most gracious Sovereign, for the redress of the grievances occasioned by sundry late acts of Parliament, calcula- ted for the sole purpose of raising a revenue in America. We have most diligently revised, not only the said resolution, but also the circular letter, written and sent in consequence thereof; * and after all, they both appear to us to be conceived in terms not • only prudent and moderate in themselves, but lespectful to that truly august body, the Parliament of Qreat Britain, and very du- 148 MASSACHUSETTS STATE PAPERS. tiful and loyal in regard to his Majesty's sacred person, crown and dignity ; of all which, we entertain sentiments of the highest rev- erence and most ardent affection ; and should we ever depart from these sentiments, we should stand self condemned as unworthy the name of British subjects, descended from British ancestors, inti- mately allied and connected in interest and inclination with our fellow subjects, the commons of Great Britain. We cannot but ex- press our deep concern, that ^measure of the late House, in all respects so innocent, in most, so virtuous and laudable, and as we conceive, so truly patriotic, should have been represented to admin- istration in the odious light of a party and factious measure, and that pushed through by reverting in a thin House to, and reconsid- ering, what in a full assembly, had been rejected. It was, and is a matter of notoriety, that more than eighty members were present at the reconsideration of the vote against application to the other colonies. The vote for reconsideration \\ as obtained by a large majority. It is, or ought to be well known, that tlie presence of eighty members makes a full House, this number being just double that, by the royal charter ot the province, required to constitute the third branch of our Colony Legisla+ure Your Excellency might have been very easily informed, if you was not, that the measures of the late House, in regard to sundry acts of the late Parliament, for the sole purpose of raising a North American revenue, were generally carried by three to one ; and we dare appeal to your Ex- cellency for the truth of this assertion, namely, that there were many persons in the majority, in all views, as respectable as the very best of the minority ; that so far from any sinister views, were the committee of the late House, appointed and directed to take into their most serious consideration, the then present state of the province, from going into any rash or precipitate measures, that they, for some days, actually delayed their first report, which was a letter to Mr. Agent DeBerdt, on this candid and generous principle, that those who were reasonably presupposed to be most warmly attached to all your Excellency's measures, especially those for furthering, and, by all means, enforcing the acts for levying the North American revenue, might be present, and a more equal contest ensue. It would be incredible, should any one assert that youT Excellency wanted a true information of all these things, which were not done, or desired to be hid in a corner, but were no- toi'iously transacted in the open light, at noon day. It is, to us, altogether incomprehensible, that we should be required, on the peril of a dissolution of the great and General Court, or Assembly of this province, to rescind a resolution of a former House of Rep- resentatives, when it is evident, that resolution has no existence, !>ut as a mere historical fact. Your Excellency must know, that the resolution referred to, is, to speak in the language of the common law, not now "executory," !>iit, to all intents and purposes, "executed." The circular letters -MASSACHUSETTS STATE PAPERS. 149 have been sent, and many of them have been answered ; those an- swers are now in the public papers ; the public, the world, must and will, judge of the proposals, puiposes and answers. We could as well rescind those letters as the resolves j and both would be equally fruitless, if, by rescinding, as the word properly imports, is meant a repeal and nullifying the resolution referred to. But, if, as most probable, by the word rescinding, is intended a passing a vote of this House, in direct and express disapprobation of the measure above mentioned, as " illegal, inflammatory, and tending to promote unjustifiable combinations against his Majesty's peace, crown, and dignity," wo must take the liberty to testify, and pub- licly to declare, that we take it to be the native, inherent, and in- defeasible right of the subject, jointly or severally, to petition the King foi* the redress of grievances ; provided always, that the same be done in a decent, dutiful, and constitutional way, without tu- mult, disorder, or confusion. Furthermore, we are also humbly, but very clearly and very firmly of opinion, that the petition of the late dutiful and loyal House to his Majesty, and their other very Orderly applications for the redress of grievances, have had the most desirable tendencies and effects to keep men's minds in ease and quiet. We must be excused, in thinking that the people were, in truth, patiently waiting for the meeting of a new Parliament-, and their measures, and his Majesty's pleasure ; and it is proba- ble, they would every where have thus waited the event, had it not been revealed here, that the late provincial application for re- dress of grievances, were somehow, strangely obstructed, and the province, in consequence of misinformation and misrepresentation, most unfortunately fallen under the royal displeasure ; and to complete this misfortune, it was not only divulged to the other colonies, but some of them actually received the information before it was made known here, that the House had been accused to his Majesty, or his ministers, or fallen under the displeasure of the one, or the censure of the other. On the whole, sir, we will consider his most sacred Majesty, under God, as our King, and best protectpr, and common father, and shall ever bear him true and faithful allegiance. We also regard your Excellency as the I'epresentative of the greatest potentate on earth ; and at all times have been, and shall be, as far as was, or is, or could consist with the indefeasible pur- poses of preserving life, liberty and property, most ready and willing, to treat you with all that respect, justly due to your high rank and station. But we are constrained to say, that we are dis- agreeably convinced, that your Excellency entertains not that pa- ternal regard for the welfare of the good people of this province, which you have sometimes been pleased to profess, and which tliey have at all times, an irrefragable right to expect from their Governor. Your Excellency has thought fit, not only to deny us a recess, to consult our Qonstituents in regard to the present re- 150 MASSACHUSETTS STATE PAPERS. quisition, but hath assured us, in effect, that you shall take silence, at least a delay, not as usual, for a consent, but for a denial. You have also thought fit to inform us, that you cannot think yourself at liberty, in case of the dissolution of this, to call another Assem- bly, without the express orders of his Majesty, for that purpose ; and at the same time, your Excellency has been pleased to assure us, that you have communicated the whole of Lord Hillsborough's letter, and jour instructions, so far as relates to the requisition. In all this, however, we cannot find, that your Excellency is more than directed to dissolve the present Assembly, in case of a non- compliance on the part of the House. If the votes of the House are to be controlled by the direction of a minister, we have left us but a vain semblance of liberty. '"VVe know it to be the just prero- gative of the Crown, at pleasure to dissolve a Parliament 5 we are also sensible, that, consistently with the great charter of this pro- vince, your Excellency, when you shall think fit, with or without the intervention of a minister, can dissolve the great and General Court of this colony, and that, without the least obligation to con- vene another within the year. But, should it ever grow into use, for any ill disposed Governor of the province, by means of a mis- taken or wilful wrong state of facts, to prqcure orders for a disso- lution, the same charter will be of no value. We take this opportunity, faithfully to represent to your Excel- lency, that the new revenue acts and measures, are not only disagreeable to, but in every view, are deemed an insupportable burthen and grievance, with a very few exceptions, by all the free- holders and other inhabitants of this jurisdiction. And we beg leave, once for all, to assure your Excellency, that those of this opinion, are of "no party, or expiring faction." They have, at all times, been ready to devote their time and fortunes to his Ma- jesty's service. Of loyalty, this majority could as reasonably boast, as any who may happen to enjoy your Excellency's smiles. Their reputation, rank and fortune, are, at least, equal to those who may have been sometimes considered as the only friends to good gov- ernment ; while some of the best blood in the colony, even in the two Houses of Assembly, lawfully convened, and duly acting, have been openly charged with the unpardonable crime of oppugn- ation against "the royal authority." We have, now, only to in- form your Excellency, that this House have voted not to rescind, as required, the resolution of the last House ; and that, on a di- vision on the question, there were ninety-two nays, and seventeen yeas. In all this, we have been actuated by a conscientious, and, finally, a clear and determined sense of duty to God, to our King, our country, and our latest posterity; and we most ardently wish, and humbly pray, tiiat in youV future conduct, your Excellency may be influenced by the same principles. [Governor Bernard prorogued the General Court, the day the House sent him the above message ; and the next day, by procla- mation, dissolved it.] MASSACHUSETTS STATE PAPEA^ 151 LETTER ^OM THE HOUSE OF REPRESENTATIVES, TO LORD IIILLSBOROUGTI, JUNE 30, 176SU ■r J% Lord, His Excellency the Governor of this province, has been pleased to coinmunicate to the House of Representatives, extiacts of a letter he had received from your Lordship, dated Whitehall, 22d of April, 1768 ; wherein it is declared to be the royal pleasure, that he should require of them, in his Majesty's name, to rescind the resolution, which gave birth to a circular letter from the Speaker of the last House, and to declare their disapprobation of, and dissent to, that rash and hasty proceeding. The House are humbly of opinion, that a^/equisition from the throne, of this nature, to a British House of Commons, has been very untf!^ual ; perhaps there has been no such precedent since the revolution. If this be the case, some very aggravated representa- tions of this measure, must have been made to his Majesty, to induce him to require of this House, to rescind a resolution of a former House, upon pain of forfeiting their existence. For, my Lord, the House of Representatives, duly elected, are constituted by the roy- al charter, the representative body of his Majesty's faithful commons of this province, in the General Assembly. Your Lordship is pleased to say, that his Majesty considers this step " as evidently tending to create unwarrantable combinations, and to excite an un- justifiable opposition to the constitutional authority of Parliament." The House, therefore, thought it their indispensable duty, immedi- ately to revise the letter referred to ; and carefully to recollect as far as they were able, the sentiments which prevailed in the House, to induce them to revert to, and resolve on the measure. It may be necessary to observe, that the people in this province haA ° attended, with a deep concern, to the several acts of the British Parliament, which impose duties and taxes on the colonies ; not for the purpose of regulating the trade, but with the sole intention of raising a revenue. This concern, my Lord, so far from being lim- ited within the circle of a few inconsiderate persons, is become- universal. The most respectable for fortune, rank and station, as well as probity and understanding, in the province, with very few exceptions, are alarmed with apprehensions of the fatal consequen- ces of a power exercised in any one part of the British empire, to command and apply the property of their fellow subjects at discre-, tion. This consideration prevailed on the last House of Represen- tatives, to resolve on a humble, dutiful, and loyal petition to the King, the common head and fatjier of all his people, for his gracicHs 152 MASSACHUSETTS STATE PAPERS. interposition, in favor of his subjects of this province. Tf your Lord- ship, whom his Majesty has honored with the American department, has been instrumental in presenting a petition, so interesting to the well being of his loyal subjects here, this House beg leave to make their most grateful acknowledgments, and to implore your contin- ued aid and patronage. As all his Majesty's North American subjects are alike affected by these parliamentary revenue acts, the former House very justly supposed, that each of the Assemblies on the continent, would take such methods of obtaining redress, as should be thought by them respectively, to be regular and proper. And being desirous, that the several applications should harmonize with each other, they re- solved on their circular letter ; wherein their only view seems to be, to advertise their sister colonies of the measures thei/ had taken upon a common and important concern, witlrout once calling upon them to adopt those measures, or any other. Your Lordship, surely, will not think it a crime in that House^ to have taken a step, which was perfectly consistent with the con- stitution ; and had a natural tendency to compose the minds of his Majesty's subjects of this and his other colonies, until, in his royal clemency, he should afford them relief, at a time, when it seemed to be the evident design of a party, to prevent calm, deliberate, ra- tional and constitutional measures from being pursued ; or to stop the distresses of the people frorri reaching his Majesty's ear, and consequently to precipitate them into a state of desperation, and melancholy extremity. Tlius, my Lord, it appears to this House ; and your Lordship will impartially judge, whether a representation of it to his Majesty as a measure " of an inflammatory nature" — as a step evidently tending " to create unwarrantable combinations," and, " to excite an unjustifiable opposition to the constitutional au- thority of the Parliament," be not injurious to the representatives of tliis people, and an affront to his Majesty himself. An attempt, my Lord, to impress your royal mind, with a jealousy of his faithful subjects, for which there are no just grounds, is a crime of the most malignant nature ; as it tends to disturb and de- stroy that mutual confidence between the Prince and the subjects, which is the only true basis of public happiness and security ; your Lordship, upon inquiry, may find that such base and wicked attempts have been made. It is an inexpressible grief to the people of this province, to find repeated censures falling upon them, not from ministers of state alone, but from majesty itself, grounded on letters and accusations from the Governor, a sight of which, though repeatedly requested of his Excellency, is refused. There is no evil of this life, which they so sensibly feel, as the displeasure of their Sovereign. It is a punishment, which they are assured, his Majesty would never inflict, but upon a representationof the justice of it, from his servants^ whom MASSACHUSETTS STATE PAPERS. 153 he confides in. Your Lordship will allow the House to appeal to your own candor, upon the grievous hardship of their being made to Sutter so severe a misfortune, without ever being called to answer for themselves, or even made acquainted with the matters of charge alleged against them : A right, which, by the common rules of so- ciety, founded in the eternal laws of reason and equity, they are justly entitled to. The Housf is not willing to trespass upon your patience. They could recite numbers of instances, since Governor Bernard has beeii honored by his Majesty, to preside over this prov- ince, •)f their suffering the King's displeasure, through the instru- mentality of the Governor, intimated by the Secretary of State, without the least previous notice, that they had ever deviated from the path of their duty.- This, they humbly conceive, is just matter of complaint, and it may serve to convince your Lordship, that his Excellency has not that tender feeling for bis Majesty's subjects, which is characteristic of a good Governor, and of which the Sove- reign affords an illustrious example. It is the good fortune of the House, to be able to show, that •the measure of the last House, referred to in your Lordship's letter to the Governor, has been grossly misrepresented, in all its circumstances. And it is matter of astonishment, that a transaction of the House, the business of which, is constantly done in the open view of the world, could be thus colored ; a transaction which, by special order of the House, was laid before his Excellency, whose duty to his Majesty is, at least, not to misinform him. His Excellency could not but acknowledge, in justice to that House, that moderation took place in the beginning of the session. This is a truth, my Lord. It was a prindple with the House, to conduct the affairs of government in this department, so as to avoid the least occasion of offence. As an instance of their pacific dispo- sition, they granted a further es^tablishment for one of his Majesty's garrisons in the province, rather to gratify his Excellency, who had requested it, than from a full conviction of its necessity. But your Lordship is informed, that this moderation " did not continue ;" and that, " instead of a spirit of prudence and respect for the constitu- tion, which seemed at that time to influence the conduct of a large majority of the members, a thin House at the end of the session, presumed to revert to, and resolve on a measure of an inflammatory nature ;" that it was an " unfair proceeding" — " contrary to the real sense of the House ;" and " procured by surprise." My Lord, the journals and minutes of the House will prove the contrary of all this. And to convince your Lordship, the House beg leave to lay before you, the several resolutions relating to these matters, as they stand recorded. The House having finished their petition to the King, and their letters to divers of his Majesty's ministers ; a motion was regularly made on the 21st of Januarv, which was the middle of the session, SO 154 MASSACHUSETTS STATE PAPERS. and a resolution was then taken, to appoint a time to consider the expediency of writing to the Assemblies of the other colonies on this continent, with respect to the importance of their joining with them, in petitioning his Majesty at this time. Accordingly, on the day- assigned, there being eighty-two members present, a number always allowed to be sufficient to make a full House, the question was de- bated ; in consequence of which, a motion took place, that letters be wrote to the several Assemblies of the provinces and colonies on the continent, acquainting them, that the House had taken into consideration, the difficulties to which they are, and must be reduced, by the operation of the late acts of Parliament, for levying duties and taxes on the colonies ; and have resolved on a humble, dutiful and loyal petition to his Majesty, for redress ; and also upon proper representations to his Majesty's ministers on the subject. And to desire, that they would severally take such constitutional measures thereupon, as they should judge most proper. And the question upon the motion, passed in the negative. On Thursday, the 4th of February, it was moved in the House, that the foregoing question be consid<"red, so far as to leave it at large ; and conformable to a standing rule of the House, that no vote or order shall be reconsidered at any time, unless the House be as full, as when such vote or order w as passed ; the number in the House was called for, and it appear- ing that (Mghty-two members were present,* the question was put, and passed in the affirmative, by a large majority ; and by an imme- diately subsequent resolve, the first vote was ordered to be erased. The same day, the resolution which gave birth to the circular letter, took place, a question being regularly moved and fairly debated, whether the House would appoint a committee to prepare a letter, to be sent to each of the Houses of Representatives and Burgesses on the continent, to inform them of the measures which this House has taken, with regard to the difficulties arising from the acts of Par- liament for levying duties and taxes on the American colonies, and report to the House, which passed in the affirmative ; and a com- mittee was appointed accordingly. This committee, after delibera- ting a week, reported the letter, which was read in the House, and accepted, almost unanimously ; and fair copies of the same were or- dered to be taken, for the Speaker to sign, and forward as soon as might be. And this day, there were eighty-three members in the House. The day following, an order passed, that a fair copy of the letter be transmitted to Dennis De Berdt, Esq. in London. The design of which was, that he might be able to produce it, as necessity might require, to prevent any misrepresentation of its true spirit and design. * The same number as before. It is to be observed, that the House, at that time, consisted of about one hundred and ten members. By the royal charter, forty makes a quorum. Hence it appears, that eighty-two members are more than double the number, sufficiently le- gal, to transact business, and were then three quarters of the whole Housr MASSACHUSETTS STATE PAPERS. 155 On Saturday, the 13th of February, in order that no possible oc- casion might be taken by the Governor, to think, that the debates and resolutions were designed to be kept a secret from his Excel- lency, the House came to the following resolution, viz. : Whereas this House hath directed, that a letter be sent to the several Houses of Representatives and Burgesses of the British colonies on the con- tinent, setting forth the sentiments of this House, with regard to the great difficulties that must accrue by the operation of divers acts of Parliament, for levying duties and taxes on the colonies, with the sole and express purpose of raising a revenue ; and their proceed- ings thereon, in a humble, dutiful, and loyal petition to the Ring, aiid such representations to his Majesty's ministers, as they* appre- hend, may have a tendency to obtain redress : And whereas it is the opinion of this House, that all effectual methods should be taken, to cultivate harmony between the several branches of this gov- ernment, as being necessary to promote the prosperity of his Majes- ty's government in this province ; Resolved, That a committee wait on his Excellency the Governor, and acquaint him, that a copy of the letter aforesaid, will be laid before him, as soon as it can be drafted ; as well as of all the proceedings of this House, relative to said affair, if he shall desire it. And a committee was appointed, who waited on his Excellency accordingly. On Monday following, the House resolved on the establishment already mentioned, which is observed, only to shew your Lordship, that there was, at this time, no disposition in the House, " to revive unhappy divisions and dis- tractions, so prejudicial to the true interest of Great Britain and the colonies." The House beg leave to apologize to your Lordship, for thetrou* ble given you in so particular a narration of facts ; which they thought necessary to satisfy your Lordship, that tlie resolution of the last House, referred to by your Lordship, was not an unfair pro- ceeding, procured by surprise in a thin House, as his Majesty has been informed ; but the declared sense of a large majority, when the House was full : That the Governor of the province was made fully acquainted with the measure ; and never signified his disap- probation of it to the House, which it is presumed, he would have done, in duty to his Majesty, if he had thought it was of evil ten- dency '■ And, therefore, that the House had abundant reason to be con- firmed iU their own opinion of the measure, as being the production of moderation and prudence. And the House humbly rely on the royal clemency, that to petition his Majesty will not be deemed by him to be inconsistent with a respect to the British constitution, as settled at the revolution, by William the Third : That to acquaint their fellow subjects, involved in the same distress, of their having done so, in full hopes of success, even if they had invited the union of all America in one joint supplication, would not be discountenan- ced by our gracious Sovereign, as a measure of an inflammatory 156 MASSACHUSETTS STATE PAPERS. nature : That when your Lordship shall, injustice, lay a true state- ment of these matters before his Majesty, he will no longer consider them as tending to create unwarrantable combinations, or excite an unjustifiable opposition to the constitutional authority of the Parlia- ment : That he will then clearly discern, who are of that desperate faction, which is continually disturbing the public tranquility ; and, that while his arm is extended for the protection of his distressed and injured subjects, he will frown upon all those, who, to gratify their own passions, have dared, even to attempt to deceive him ! The House of Representatives of this province, have more than once, during the administration of Governor Bernard, been under a necessity of intreating his Majesty's ministers to suspend their further judgment upon such representations of the temper of the people, and the conduct of the Assembly, as they were able to make appear to be injurious. The same indulgence, this House now beg of your Lordship ; and beseech your Lordship to patronize them so far, as to make a favorable representation of their conduct to the King our Sovereign ; it being the highest ambition of this House, and the people whom they represent, to stand before his Majesty ia their just character, of affectionate and loyal subjects, REPORT AND RESOLUTIONS f' OF THE COUNCIL, JUNE 30, 1768. The committee appointed the 13th instant, to inquire into the state of the province, made report, us follows, viz : — The committee appointed by the foregoing order, find, on in- quiry, that there is great uneasiness among the people of this province, arising from the several causes referred to in the resolves herewith presented ; which, with the unusual proceedings relative to the seizure made in Boston, the 10th instant, gave occasion for the tumultuous and unwarrantable assembling of a number of per- sons on the same evening, and the consequent disorders that took place. The committee have agreed upon the following resolves, to be passed upon this occasion, by the two Houses, if they think proper, and herewith humbly submit them to their consideration. In the name of the committee, JOHN ERVING. Whereas there has been, for some time past, a general uneasi- ness among the people of this province, occasioned by the late act of Parliament imposing duties upon sundry articles, for the purpose of raising a revenue, as also by the appointment of a Board of MASSACHUSETTS STATE PAPERS. 137 Commissioners ; and the inhabitants of the province, by the act and appointment aforesaid, having been drained of their money, and greatly distressed in their trade and business ; and it being apparent, that the money collected, has been applied for the in- creasing of officers, to a number, that has a very disagreeable aspect on the future welfare of this people : Resolved, That the two Houses will immediately take under consideration, and maka strict inquiry into all the grievances com- plained of as aforesaid ; and into the new and unprecedented pro- cedure of the custom house officers, with regard to the seizure below mentioned^ and take such measures, and make such repre* seutations to his Majesty and his Parliament, as may tend to pro- cure the redress of said grievances. And whereas, na Friday, the 10th instant, towards the evening, a vessel was seized in Boston, by several of the officers of the customs, and immediately after, upon a signal given by one of the said officers, one or more armed boats from tlie Romney man of war, took possession of her, cut her fasts, and carried her from the wharf where she lay, into the harbor, alongside the Romney, which occasioned a number of people to be collected, who, from the violence and unprecedentedness of the procedure, with regard to the carrying off said vessel, and the reflection thereby, upon the inhabitants of the town, as disposed to rescue any seizure that might be made, took occasion to insult and abuse said officers, and afterwards to break some of the windows of their dwelling houses, and commit other disorders, in distui'bance of the peace of his Majesty's subjects, and in breach of the good and wholesome laws of this province : Resolved, That, although the extraordinary circumstances attend- ing the said seizure, m'ay in some measure, extenuate the crimi- nality of the riotous proceedings aforesaid ; yet being, notwith- standing, of a very criminal nature, and of dangerous consequence, the two Houses do hereby declare their utter abhorrence and detestation of them. And in order to bring the perpetrators to justice ; Resolved, That his Excellency the Governor be desired to direct the Attorney General to prosecute all persons guilty of the riot aforesaid ; or, that any way aided or abetted the same, to the end, that they may be punished agreeably to law. And for discover- ing and detecting of the said rioters and their abettors, his Excel- lency the Governor, is hereby desired to issue forthwith, a procla- mation, offijring a reward of to such person or perscms, as shall make such discovery, so as that said rioters and abettors may be brought to condign punishment. [I he House of Representatives was engaged on some very in- teresting subject, when the above was sent down to thgm, from the Council, and did not admit the message. And the same day, the House was prorogued, and the day following, dissolved ; so that they never acted o^ the subject.1 158 MASSACHUSETTS STATE PAPERS. NOTE OF THE EDITOR. fJune 30, 1768, the day the General Court was prerogued, the Council being in session, a committee ot the Board was appointed, composed of the following gentlemen : W. Brattle, J. Bowdoin, J. Russell, T. Flucker, and R. Tyler, to consider the state of the province, and to report what they should consider proper to be laid before his Majesty, respecting the same. July 7th, Mr. Bowdoin, from the aforesaid committee, reported the draft of an address to the King, which was accepted ; and Governor Bernard was re- quested to forward tiie same to his Majesty's Secretary of State,. In this address, the Council state the sei'vices acd expenses of the province, for many former years ; they complain of the acts of Parliament, laying duties, as extremely burdensome, as the debt of the province, incurred chiefly to pay the troops who had lately joined with the British in defending, securing and extending his Majesty's dominions, was very great. They declared their readi- ness to submit to all lawful authority; acknowledged their alle- giance, and professed their sincere loyalty to the King; and prayed that the charter rights and privileges of the people might not be wrested from them, on account of any representations made as to their disaffection to the Crown, or opposition to constitutional statutes.* Soon after this, the Council was convened by the Gov- ernor, when he stated to the Board, that a riot had taken place, in. which some of the officers of the customs were insulted, in conse- quence of their having seized a vessel belonging to a merchant of Boston, on a suggestion of her having goods liable to impost, but which there was an attempt to secrete, and thus avoid the payment of duties. It will be seen above, in this volume, what were the views and feelings of the Council, in reference to this affair. The Council expressed their disapprobation of the riot, and declared their readiness, in all regular and proper methods, to assist in bring- ing the authors of it to punishment. They, however, stated, that the seizure of the vessel was attended with circumstances highly insulting and irritating to the feelings of the citizens; and gave it as their opinion, that the officers of the customs would not have been insulted, but for the unprecedented manner in which the seizure was made ; which was by several barges of armed men, from a British man of war, then lying in the harbor. The officers of the customs, affected to believe, that they could not safely re- main in Boston ; and they retired to the ship of war, lying near the Castle, and afterwards to tliat fortress, then commanded by British regular troops, where they I'emained for many weeks. Considering the great irritation of the people, produced by recent oppressive and arbitrary measures, they were, perhaps, liable for . • In November following, tlie Council forwarded a petition to Parliament, very similar, in its spirit and arguments, to the address before presented to tlie liing. MASSACHUSETTS STATE PAPERS. 159 a time, to some insults. But the Council uniformly appeared ready to support the government and the laws, and decidedly ex- pressed their disapprobation of all riots. The subject was long in agitation, between the Governor and Council. He endeavored to bring them into the dilemma of justifying the conduct of the offi- cers of the customs, and interposing, directly, by an executive act, for their protection, or of countenancing the riot which had taken place, and being identified with those who meant to op- pose, forcibly and overtly, the King's authority^ He endeavored, by the letters he wrote to Lord Hillsborough, to have it believed in England, that the latter was true ; and that even the Council was a factious, disorderly body, unwilling to support the authority of government, and aiding the people in their opposition to the laws. In their proceedings, however, they were temperate and prudent, yet firm and judicious. They resisted the intrigues of Governor Bernard, who strove to make them acquiesce in the ar- bitrary measures of the British ministry, and appealed to constitu- tional principles, as paramount to the temporary statutes of Par- liament, as well as to particular orders from the King's Privy Council. Another important question was, at this peiiod, discussed by the Council of this province, in consequence of an application from Governor Bernaid, for quarters for two British regiments, which were ordered here from Halifax, and two more from Ireland. The Council consented, and advised that the two first be quar- tered in the barracks, at Castle Island ; and that the municipal authority of the town of Boston, be consulted as to the other two regiments. The Selectmen declined doing any thing on the sub- ject. The Governor then reque^^ted the Council to furnish quarters for one regiment, in the Manufactory House, in Boston, belonging to the province. The Council did not consent to the proposal, assigning as a reason, for not complying, that the act of Parlia- ment, in relation to the subject, provided, that the regular troops of the Crown should be placed in the public barracks ; and that no military officer, nor even the civil executive, was competent to oblige any town, or the Council, to furnish other quarters for them ; and they expressed the opinion, that it belonged to the municipal authority, and not to the Board, to decide as to the quartering the troops in Boston. One regiment, however, was landed in Boston, notwithstanding this opposition, both of the town and the Executive Council of the province ; and the Governor, then demanded of the Council, certain articles of provisions for the troops. The Council advised, after some hesitation and delay, that the troops be furnished with the articles needed, provided it were not done at the particular expense of the province. This decision was not pleasing to the Governor ; and he took occasion to represent the conduct of the Council very unfavorably to the British ministers ; and stated anew the imbecility of the executive, while thus com- posed of men chosen by the people in the province. To his state- 160 MASSACHUSETTS STATE PAPERS. ments, it was also, undoubtedly owing, that the administration ordered so many regular troops to be sent and stationed here 5 whose presence was intended to awe the people into submission to the arbitrary measures wiiich had been adopted by Parliament, in relation to the government of the colonies. In April, 1769, the Council addressed a long letter to Lord Hillsborough, vindicating their conduct, with reference, both to the riot, and quartering of the British regulars ; in which they discovered their attachment to the rights of the people, and their loyalty to the King ; and ex- posed the intrigues, and the misrepresentations of Governor Ber- nard. When a new General Court met in May, 1769. the follow- ing resolve was passed by the House of Representatives, expressing their sense of the zeal and attention of the Council to the public interest.] Resolve of the House of Representatives, June, 1769. The House having taken into consideration, certain copies of letters, written by Governor Bernard, to the Karl of Hillsborough, one of liis Majesty's principal Secretaries of State, in November and December last, and which were transmitted to the late Council, by Mr. Bollan.and at the desire of the House, have been communicated by the present Council ; in which letters, his Majesty's loyal sub- jects of this colony, in general, as well as his Majesty's Council, are traduced, and represented in a most odious and unjust light to his Majesty's ministers : The House, having also, carefully read and considered the remarks which the Council has made thereon, in their letters to his Lordship, copies of which have also been com- municated at the desire of the House : Resolved, That the House do highly approve of, and have an en- tire satisfaction in the zeal and attention of the late Council to the public interest, not only in thus vindicating their own character, but guarding their country from meditated ruin, by truly stating facts, and justly representing the duty and loyalty of this people, at that critical time, when the Governor of the province wantonly dissolved the General Assembly, and arbitrarily refused to call another, upon the repeated and dutiful petitions of the people. LETTER FROM D. DE BERDT, ESQ. AOENT FOR THE PROVINCE, IN ENGLAND, TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. London, July 29, 1768. SIR, Since my last, (May 14th,) I have received nothingTrom you ; but several interesting affairs have arisen, of which I thought it my duty to acquaint Ihe House, though of a disagreeable nature. MASSACHUSETTS STATE PAPERS. 161 I have lately had a conference with Lord Hillsborough, relating to your circular letter to the other provinces, which greatly dis- pleased the administration; some of whom, say it is little better than an incentive to rebellion. But they look on it as the senti- ments of a party only, as it was rejected, in a full House, the be- ginning of the session, and taken up again at the end of it, when the House was thin.* Though I can see nothing unjust or unrea- sonable in it, yet if some healing measures are not pitched upon, consequences may be very serious. You have already, two regi- ments from New York, quartered upon you, and my Lord men- tioned another to be embarked ; and says, it has been resolved in Council, that Governor Bernard have strict orders to insist upon your revoking that letter ; and, if refused by the House, he was immediately to dissolve them. Upon their next choice, he was again to insist on it ; and, if then refused, he was to do the like ; and as often as the case should happen. My Lord assured me of his great regard for America ; nay, said if I did not represent it so, I should not do him justice. He wished nothing so much as a good understanding between the colonies and mother country; and assui'ed me, that before the warm measures taken on your side, had come to their knowledge, he had settled the repeal of those acts, with Lord North, the Chancellor; but the opposition you had made, rendered it absolutely necessary to support the authority of Parliament, which the ministry, at all events, are determined to do. You may depend on ray strictest attention to your interest and affairs, whenever you please to give me any fresh instructions : and if you think any thing further, necessary to be represented to that noble Lord, who declares himself averse to any severe meas- ures, and thinks himself very unhappy that he has undertaken the American department, when the affairs are in such convulsions. He has condescended to assure me, that, whenever I have any thing further to urge, I should have free access to him. With great respect, yours, &c. D. DE BERDT. LETTER •FROM D. DE BERDT, ESQ. AGENT IN ENGLAND, TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, London, August 29, 1768. I DULY received yours of the 3d of June, accompanving a long letter from Lord Hillsborough, which I yesterday delivered him, and which his Lordship will answer very soon, to which I re- • The circular was sent in February, 1768, and will be found above, in this volume, A com- mittee was chosen, February 4th, to prepare the circular ; a*id reported one on the Jlth which was then adopted, ' 21 162 MASSACHUSETTS STATE PAPEllS. fer you for his particular sentiments, I was with him a full hour, talking over American ailairs, which now seem to be under the necessity of being regulated by Parliament, when they sit, it being neither in the minister's power, nor even the King himself, to dis- pense with the laws, or revoke them. The whole ministry seem united in this one point ; then when a law passes the legishature, it becomes part of the constitution ; and therefore not to be dispensed with or opposed. I Avish, in all your applications, you had left the matter of right out of question, and only applied for a i-epeal of the laws, as prejudicial to the colonies and mother country. And my Lord assured me, he would have used his interest for a repeal j and he believes he should have obtained it, which now with him is a matter of doubt. His Lordship is fully sensible of the mischief which will arise from a breach with the colonies, and dreads the consequences. He says laws must be supported, or we sink into a state of an- archy, which he thinks must be avoided at all events. I mentioned the measure of sending troops to America, which he said were about this time arrived. I expressed my fears that some arbitrary transactions of the military might be a means of in- flaming the people. His Lordship assured me they had strict orders to preserve the peace, and act in concert with the civil magistrate ; and I might depend, no measures would be taken, but what were entirely constitutional, and executed with as much len- ity as the law would admit. I have given you, out of a tender regard for your welfare, a summary of what passed with that minister, and doubt not your prudence will make a proper use of it. With great respect, I am, &c. D. DE BERDT. LETTER OF THE COUNCIL TO LORD HILLSBOROUGH, JUNE 15, 176i!. My Lord, The President of the Council, (Mr. Danforth,) for the last and the present year, having communicated to this Board, a cop}* of a letter, dated April 15, 1769, sent to your Lordship, subscribed by eleven gentlemen, being the major part of the members of the Council, for the last year, in answer to six letters, wrote to your Lordship, by Governor Bernard, dated November 1, 5, 12, 14, SO, and December 5, 1768 — They have unanimously i-esolved, that they approve of the measures, taken by the major part of the mem- bers of the last year's Council, &c. j a copy of which resolves, we MASSACHUSETTS STATE PAPERS. 163 have the honor to inclose to your Lordship. As the gentlemen, who wi-ote that letter, have been so full and explicit in defending themselves and the province against the Governor's groundless and injurious charges, we have the less reason to enlarge upon such a disagreeable subject. However, my Lord, if it appears to us, that, there is any charge against the Council, in either of the aforemen- tioned letters, to which there has either been no answer, or if men- tioned, not so fully dilated upon, as the nature of the oft'ence, with which the Board are charged, does require, your Lordship will indulge us the freedom, further to address you. Permit us, then, my Lord, with all due deference to your Lord- ship's high rank and station, to animadvert with freedom, upon some part of the Governor's aforementioned letters. The Governor says, in one of his letters, " the Council is under awe of their constituents, by the frequent removal of the friends of government, &c." Aspersions of the like nature, are several times cast upon the Council, in some of his other letters, which, for the sake of avoiding prolixity, we shall not repeat. My Loi'd, if our fondness, for a se.it at the Board, could possibly influence us to vote and advise contrary to the real sentiments of our hearts, tiie Governor's wanton exercise of power, in his fre- quent negatives, put upon Counsellors of the best abilities, either because they differed from him, in their political sentiments, in some instances, or from resentment to the House of Representa- tives, for dropping some of his friends, would have a much greater influence upon us, to fall in with his measures, than any risk we run from the honorable House, in what he calls supporting govern- ment. It being more in the power of a Governor to remove a Counsellor, than it is in the House ; consequently, if we had any great fondness for a seat at the Board, we should act inconsistently with our political interest, to oppose the Governor in his measures. But, my Lord, we can with great truth, say, that, while we have had the honor to be members of his Majesty's Council, we have endeavored to discharge a good conscience, and acted our part with uprightness and integrity ; having never been awed into undue conduct, either by the House or the Governor ; and the Governor's insinuations to the contrary, are unkind, and without foundation ; and unless Ave can act with the same freedom as usual, we cannot esteem it an honor to be of that body. That the Council have appeared, of late, more engaged in de- fending the rights of the province, than formerly, may be a fact, which we have no disposition to controvert ; be that as it may, we beg leave to observe, that it never was so much the incumbent duty of the Council, as it was the last year, to defend the rights of the people. For upon the dissolution of the General Court, the Gov- ernor and Council are, by charter, to manage the affairs of the province ; so that the last year's Council had double duty devolv- ed on them. Therefore, it was justly expected, that they should 164: MASSACHUSETTS STATE PAPERS. exert themselves in defence of the civil rights and liberties of the people, though, at the same time, tliey did, and we hope we eA'^er shall, treat the Governor with that respect, that is due to the King's x-epresentative. And ycir Lordship may depend upon it, that the present Council will be as free to assert and maintain the just prerogatives of the Crown, as to defend the rights of tlie people. We beg leave further to observe, my Lord, that the Governor, in his letter, dated November the 1st, speaking of the address to General Gage, says, " it was signed by fifteen of the Council, among whom, were five who knew not enough of the town to vote for the safety of the commissioners returning, but knew enough to join in an invective against them." This observation of the Gov- ernor's, was, no doubt, made with a design to ridicule the conduct of those gentlemen, and to represent their having acted an incon- sistent part. But, we cannot conceive, by what rules of logic he can charge them with inconsistency. For, my Lord, may not the gentlemen say with great propriety, as they were not inhabitants of the town of Boston, but lived at a great distance from it, that they knew not enough of the temper and disposition of the town to say that it was safe for the commissioners to return ; and at the same time, from the evidence they had of the commissioners be- haviour and conduct ever since they have been in office, join in what the Governor calls an invective against them. For our part, we can see no inconsistency in their conduct ; for certainly the commissioners haughty and insolent behavior may be such as to expose them to the resentment of the people ; and yet, it does not necessarily follow, that the people will offer the least insult or vio- lence to them. They may, or they may not ; and therefore, as it was a matter of uncertainty, the five gentlemen might be well ex- cused from voting in favor of the safety of the commissioners return. And the Governor's remark upon tiieir conduct, shows rather the defect of his i-easoning, than any inconsistency in them. With a view to defeat the good ends proposed by the major part of the last year's Council, in their petitions to the two Houses of Parliament, and for other unjustifiable reasons, the Governor ac- quaints your Lordship, that he " cannot conceive, that all the per- sons who met at the several meetings, upon the occasion of preparing the petitions, put together, amount to the number of twelve j" which he tells your Lordship made the majority of the M'hole. And after insinuating, that, by a majority, might only be meant four persons out of seven, who make a quorum of the Coun- cil, in his postscript, he gives your Lordship, what he calls a list of the names of those members who passed upon the petitions ; which, together, make no more than eight. We persuade ourselves, my Lord, that you will not imagine, that the Council of last year endeavored to impose on the two Houses of Parliament, by assert- MASSACHUSETTS STATE PAPERS. 165 ing their petitions to have been the doings of a major part, wlien in fact they were not. Who furnished the Governor with the list he mentions, we cannot say ; but we can take upon us to assure you, my. Lord, that the names of Lincoln, Brattle, Gray and Rus- sell, ought to have been inserted therein, they having also agreed to the petitions ; who, with the eight persons in the Governor's list, made the number twelve, being, as he mentions, a majority of the whole. This information will, among a multitude of other things, serve to convince your Lordship, that Governor Bernard has spared no pains, to vilify the Council, and prevent the success of their appli- cations for the redress of the grievances, which the colonies labor under ; and, that he never lost sight of his favorite object, the ob- taining of a Council by mandamus from the Crown. And the Board are at a loss, how to reconcile his conduct with what he de- clares and promises to your Lordship, in his letter of the 30th of November last ; in wiiich he says, " your Lordship may depend upon it, that my informations have been, and shall be, dictated by the spirit of truth and candor ;" when there is scarcely any thing in either of his letters, but what is in direct opposition to both. It gives us the deepest concern, to find, by one of the resolutions, passed by the Lords, and afterwards agreed to by the Commons, that the Council of this province have been censured, as not exert- ing themselves, in suppressing riots. And, we are firmly persuaded, that the Council would have escaped the displeasure of the two Houses of Parliament, had it not been for the gross misrepresentai- tions of Governor Bernard, transmitted to your Lordship ; which, we are constrained to say, we consider not only as extremely cruel, with respect to the Council, but as an high imposition on your Lordship, and even Majesty itself. You will allow us to say, my Lord, that no Council on the con- tinent, not even those appointed by the King, have a greater aver- sion to riots and disorders ; nor have any of them exerted them- selves more to suppress them, than his Majesty's loyal subjects, the Council of Massachusetts Bay. Had their conduct been truly repi-esented, instead of censure, they would have met with the highest approbation. And if those, whose immediate business it is to suppress mobs and riots, (against whom, no complaint has been exhibited by the Governor,) had done their duty, some of the disorders might have been prevented. The Council, my Lord, have now done with their observations on Gov- ernor Bernard's letters, and they doubt not, your Lordship will consider what they have written, in answer to his charge, against the Council, as equally applicable to whathas been objected against them, of the same nature, by his Excellency General Gage, in his letter to your Lordship, of the 31st of October last ; on which we shall only make this further remark, that the General being- a 166 MASSACHUSETTS STATE PAPERS. stranger in the province, and but just arrived, could not possibly speak from his own knowledge ; but must have received his account of the people, and of the Council, in particular, from a quarter, which it is needless to point out to your Lordship. We will not further trespass on your Lordship's patience. In truth, my Lord, our own is almost exhausted. The Council have had such repeated occasions to observe upon, and lament the un- kind treatment of Governor Bernard towards the people, that the subject has become extremely disagreeable to us. We have only to add, that we apprehend it needful to acquaint your Lordship that Samuel White, Esquire, one of the last year's Council, dying between the passing of the petitions above referred to, and the time of writing the letter to your Lordship, of the 15th of April last, eleven, at the last mentioned time, made a majority of the whole. We have the honor to be, with great truth and regard, my Lord, your Lordship's most obedient, and most humble servants, S. DANFORTH, President of the Council, and in their behalf. MESSAGE FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, MAY 31, 1769, THE DAY OF GENERAL ELECTION. May it please your Excellency^ The great General Court, or Assembly of this province, being once more convened by virtue of the authority with which you are invested by the royal charter ; the House of Representatives think it their indispensable duty, under the present aspect of aifairs in the province, on their part, to claim that constitutional freedom which is the right of this Assembly, and is of equal importance with its existence. We take this opportunity to assure your Excellency, that it is the firm i-esolution of this House, to promote, to the utmost of their power, the welfare of the subject, and support his Majesty's author- ity within this jurisdiction ; to make a thorough inquiry into the grievances of the people, and have them redressed ; to amend, strengthen, and preserve the laws of the land ; to reform illegal proceedings in administration, and support the public liberty. These are the great ends for which this Court is assembled. A resolution so important, demands a parliamentai-y freedom in the debates of this Assembly. We are therefore constrained, thus early, to remonstrate to your Excellency, that an armament by sea MASSACHUSETTS STATE PAPERS. 167 and land, investing this metropolis, and a military guard, with cannon pointed at the very door of the state house, where this As- sembly is held, is inconsistent with that dignity, as well as that freedom, with which we have a right to deliberate, consult and determine. The experience of ages is sufficient to convince, that the mili- tary power is ever dangerous, and subversive of free constitutions. The history of our own nation affords instances of Parliaments, which have been led into mean and destructive compliances, even to the surrendering their share in the supreme legislative, through the awe of standing armies. His Majesty's Council of this province, have publicly declared, that the military aid is unnecessary for the support of civil authori- ty in the colony. Nor can we conceive that his Majesty's service requires a fleet and army here, in this time of the most profound peace. We have a right to expect, that your Excellency will, as his Majesty's representative, give the necessary and effectual orders, for the removal of the above mentioned forces, by sea and land, out of this port and the gates of this city, during the session of the said Assembly. [The committee who prepared this message, were J. OtiSj CaptT Sheafe, S. Adams, Major Hawley, and T. Cushing.] PROTEST AND RESOLUTIONS OF THE HOUSE OF REPRESENTATIVES, MAY 31, 1769, PREVIOUSLY TO THEIR ENTERING ON THE BUSINESS OF THE ELECTIONS, REPORTED BY THE COMMITTEE WHO PREPARED THE FOREGOING MESSAGE. Whereas their late Majesties, King William and Queen Mary, in the third year of their reign, did, by their royal charter, ordain and grant for themselves, their heirs and successors, that on the last Wednesday, in the month of May, every year, there should be convened, held and kept by the Governor of this province, for the time being, a great and General Coui-t or Assembly, for such im- portant purposes as in the royal charter are expressly mentioned. And in the said charter it is particularly established and ordain- ed, that yearly, once in every year, forever thereafter, the num- ber of eight and twenty Counsellors or Assistants shall be, by the General Court, newly choseli ; which election of Counsellors or Assistants by the General Assembly, as well as the election of a Speaker and Clerk of the House of Representatives, by said House, have been always made, on the said last Wednesday in May, an- nually. 168 MASSACHUSETTS STATE PAPERS. And whereas the said great and General Court or Assembly is now convened by the authority of his Majesty, according to the said royal charter : Resolved, That this House, as one branch of the same, in duty and loyalty to his Majesty, as well as in regard to their own just rights and privileges, will) to the utmost of their power, support and maintain a constitutional freedom in their elections, debates and determinations. Resolved, As the opinion of this House, that the keeping an armed force by sea and land in this metropolis, and in the port of the same, while the General Assembly by his Majesty's command is here convened, is a breach of privilege ; and inconsistent with that dignity and freedom with which they have a right to deliberate, consult and determine. Resolved, That this House proceed to take their part in the elec- tions of the day, from necessity, and in strict conformity to the royal charter ; having before claimed their constitutional freedom, and now protesting, that their thus proceeding, while the above mentioned forces are suffered to remain in the metropolis where this Court is convened, is to be considered as a precedent in any time hereafter, or construed as a voluntary receding of this House from their constitutional claim. MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, MAY 31, 1769. Gentlemetif I HAVE no authority over his Majesty's ships in this port, or his troops in this town ; nor can I give any orders for the removal of the same. FRA. BERNARD. SPEECH OF GOVERNOR BERNARD, TO THE COUNCIL AND HOUSE OF REPRESENTATIVES, JUNE 1, 17G9. Gentlemen of the Council, and Gentlemen of the House of Representatives, As I have nothing in immediate command from his Majesty to lay before you, I shall at present only recommend to you to give your earliest attention to the business of the province. This is got MASSACHUSETTS STATE PAPERS. 169 into such an arrear, that it will require the utmost diligence to get it done within the usual time generally allotted to this session. What I shall have to point out to you, will be communicated by separate messages. I shall be ready id concur with you, in all measures proposed for the good of the people, that are consistent with the invariable rule I have laid down, of not departing from the duty I owe to the King. The service of the Crown and the interest of the people are objects very compatible with each other ; they must be so under a Mon- arch, who makes the general welfare of all his subjects the sole end of his government. It shall not be my fault, if this coalition of duties is not as apparent as it is real. FRA. BERNARD. [The Governor objected to the following gentlemen, chosen Counsellors, viz. T. hrattle, J. Bowdoin, J. Gerrish, T. Saunders, J. Hancock, A. Ward, B. Greenleaf, Col. Otis, J. Bowers, J. Hen- shaw, and W. Spoon er.] ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR'S MESSAGE) MAY 31, 1769,...JUNE 13. May it please your Excellency, The House of Representatives have duly considered your message of the 31st of May, and are sorry to find your Excellency declaring, that you " have no authority over his Majesty's ships in this port, or his troops within this town ; and that you can give no orders for the x-emoval of the same." We clearly hold, that the King's most excellent Majesty, to whom we have, and ever shall bear, and, since the convening of this present Assembly, we have sworn true and faithful allegiance, is the supreme executive power through all the parts of the British empire ; and we are humbly of opinion, that, within the limits of this colony and jurisdiction, your Excellency is the King's Lieu- tenant and Captain General and Commander in Chief, in as full and ample a manner, as is the Lord Lieutenant of Ireland, or any other his Majesty's Lieutenants, in the dominions to the realm of Great Britain appertaining. From thence, we think, it indubitably follows, that all officers, civil and military, within this colony, are subject to the order, di- rection and control of your Excellency, so far at least, as is neces- sary for the safety of the people and the security of the privilege of this House, as they are to the King's Majesty within the realm. And though we admit, that peace and war are in the King's hand, and that it is an indisputable part of the royal prerogative, neces- 22 170 MASSACHUSETTS STATE. PAPERS. sary for the preservation of the Commonwealth, as all other well grounded prerogative powers are — That to destine the fleets, and march the armies of the state to any part of the world, where they may be necessary for the defence and preservation of the society, belongs to the Crown ; yet it is impo^ible to believe, that a military power, or a standing army, procured and stationed here, in consequence of misrepresentations of the duty and loyalty of his Majesty's subjects of the province, and suddenly quartered, not only contrary to act of Parliament, and to every principle of reason, justice end equity, but accompanied with every mark of contempt, reproach and insult, to as brave and loyal a people as ever served a Prince, can be uncontrolable by the Supreme Execu- tive of the province ; which, within the limits of the same, is the just and full representative of the Supreme Executive of the whole empire. It is well known, that it is no uncommon thing for disturbances to happen in populous cities ; and such as have unfortunately taken place in this province, have been greatly misrepresented. We have not only been told of, but all parts of the empire have been alarmed with apprehensions of danger to his Majesty's government, in North America, in general, and this province in particular, by reason of the most exaggerated accounts of certain disturbances, which, however, have, in every instance, been far, very far, from being carried to that atrocious and alarming length, to which many have been in Britain, at the very gates of the palace, and even in the royal presence. It is most certain, that every subject has a right to have the rules of his duty, obedience and allegiance, clearly defined and de- termined. Hence it may be inferred, that very miserable is the ser- vitude of those, who know not whether they are subject to an ab- solute power, civil or military, or both ; as may most effectually prosper the machinations and fulfil the purposes of despotism. It must be obvious to all jurists, and to every man endued with an or- dinarj"^ understanding, that the doctrine your Excellency has been pleased to advance, in your answer to the message of the House, involves us in that state, which is called, by the learned, impevium in imperio, or at least establishes a military power here, uncontrol- able by any civil authoritv in the province. It has been publicly said, that the military power is become ne- cessary in this colony, to aid and support civil government, for which we have no less authority than the resolutions of the two Houses of Parliament, and the declaration of one of his Majesty's principal Secretaries of State. The use of the military power to enforce the execution of the laws, is, in the opinion of this House, inconsistent with the spirit of a free constitution, and the very na- ture of government. Nor can there be any necessity for it ; for the body of the people, the posse comitatus, will always aid the jnagis- trate in the execution of such laws as ought to be executed. The ' MASSACHUSETTS STATE PAPERS. 171 very supposition of an unwillingness in the people in general, that a law should be executed, carries with it the strongest presumption, that it is an unjust law ; at least, that it is unsalutarj. It cannot be their law ; for, by the nature of a free constitution, the people must consent to laws, before they can be obliged, in conscience, to obey them. In truth, no law, however grievous, has been opposed in the execution of it, in this province ; and yet, a military powder is sent here, purposely to aid in the execution of the laws. And what adds to the injustice of those who procured this armament, is, that it was procured at the very time when the people were duti- fully supplicating the throne for redress of grievances, occasioned by acts of Parliament, for the purpose of raising a revenue in America. We think we can infer, from your Excellency's declara- tion, that this military force is uncontrolable by any authority in the province. It is, then, a power without any check here ; and therefore so far absolute. An absolute power, which has the sword constantly in its hand, may exercise a vigorous severity whenever it pleases. What privilege, what security, is then left to this House, whose very existence, to any purpose, depends upon its privilege and security. Nothing remains in such a state, if no redress can be had from the King's Lieutenant in the province, but that the oppressed people unite in laying their fervent and humble petition before their gracious Sovereign. [The committee appointed to reply to the Governor's Message of May 31, were Col. Otis, Mr. J. Otis, Mr. x\dams, Gen. Prebble, Maj. Hanley, Mr. Hancock, and Col. Warren.] MESSAGE FROM GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, IN REPLY TO THE FOREGOING, JUNE 15, 1769. Gentlemen of the House of Representatives^ Notwithstanding the doubts and difficulties which you have expressed to me in your ijtiessage of 3'esterday, it is certain that I have no authority to give orders for the removal of the King's ships out of the harbor, or his troops out of the town. Whoever is acquainted with the arrangement of the commands in America, which are all derived from the same King, knows that it is so. I am sorry that this question should-cause the non activity of the Assembly for an entire fortnight ; the expense of which has already cost the province upwards of five hundred pounds lawful; and is, for what I can see, still increasing ; besides, the inconve- nience accruing to persons attendingthe General Court for business, 172 MASSACHUSETTS STATE PAPERS. which falls harder upon them as individuals, than expenses gen- erally dispersed among the people. I cannot sit still and see such a waste of time and treasure to no Eurpose. If, therefore, you still continue of the opinion, "that the eeping an armed force in this town, and within its harbor, is a breach of privilege, and inconsistent with that freedom Vv^ith which you have a right to deliberate, consult and determine," I must ap ply such remedy as is in my power to remove this difRculty ; and the only means I have, are to move the General Court to a place where it cannot operate. It is an indifferent thing to me where the General Court is held. I know not that it is necessarily confined to any town ; that town seems to me to be the most proper for it, where the business can be most conveniently, easily and readily done. And as it is appar- ent, from your resolutions, and a fortnight's experience, that you do not think that this is, at this time, a proper town for the Gen- eral Court to sit in, I shall remove it to Cambridge, against which place, no objection, that I know of, can be formed, FRA. B'^ ^NARD. [The General Court was adjourned to Cambridge.] ^ MESSAGE FROM THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR, JUNE 19, 1769. May it please your Excellency, As you have not thought proper, in your reply to the message of this House, of the 13th instant, to throw any light on the sub- ject, or invalidate the principles we therein advanced, your Excel- lency will allow us to conclude, that those principles were well grounded, and that there is no reason for us to alter our sentiments on this interesting point. You are pleased to intimate, that much time and treasure has been spent in determining a merely speculative question. The House regard a standing army', posted within the province, in a time of the most profound peace, and uncontrolable by any authority in it, as a dangerous innovation ; and a guard of soldiers, with cannon planted at the doors of the State House, while the Gen- eral Assembly was there Iveld, as the most pointed insult ever of- fered to a free people, and its whole Legislative. This, sir, and -not the question of your Excellency's authority to remove his Majesty's ships out of the harbor, or his troops out of the town of Boston, was the principal cause of the " non activity of the MASSACHUSETTS STATE PAPERS. 173 Assembly." Had your Excellency felt for the Assembly, and the people over whom you preside, even thofugh you had sup- posed yourself not properly authorized, you would have em- ployed your influence, at least, for the removal of this grievance ; especially as his Majesty's Council, as well as this House, had be- fore expressed to your Excellency their just indignation at so un- precedented an affront. But, instead of the least abatement of this military parade, the General Assembly has been made to give ^vc.y to an armed force, as the only means in your power to remove the difficulty we justly complained of. Your Excellency has ordered a removal of the General Assembly itself, from its ancient seat and place, where the public business has generally been done with the greatest convenience, ease and despatch. It is with pain, that we are obliged here to observe, that the very night after this ad- journment was made, the cannon were removed from the Court House, as though it had been designed, that so small a circum- stance of regard should not be paid to the Assembly, when con- vened by the royal authority, and for his Majesty's service in the coloay. You are pleased to pass a censure upon this House, in saying, that " you cannot sit still and see such a waste of time and trea- sure to no purpose." Those alone are answerable for any expense of time and treasure on this occasion, who have brought us into such a situation, as has hitherto rendered our proceeding to busi- ness incompatible with the dignity, as well as the freedom of this House. No time can better be employed, tlian in the preservation of the rights derived from the British constitution, and insisting upon points, which, though your Excellency may consider them as non essential, we esteem its best bulwarks. No, treasure can be better expended, than in securing that true old English liberty, which gives a relish to every other enjoyment. These, we have the satisfaction to believe, are the sentiments of our constituents, to whom alone we are accountable how we apply their treasure 5 and we are fully persuaded, from what we have already heard, that, notwithstanding the apparent design of your message to prejudice their minds against us, what your Excellency is pleased to call our " non activity," will receive their approbation, rather than their censure ; for an entire fortnight, spent in silence, or a much longer time, cannot be displeasing to them, when business could not be entered upon, but at the expense of their rights and liberties, and the privilege of this House. [The committee who reported the above, were the Speaker, Mr. Adams, Capt. Sheaffe, Col. Otis, Mr. Hancock, Capt. Fuller, and Mr. Porter.] 174 MASSACHUSETTS STATE PAPEJttS. RESOLUTIONS OF THE HOUSE OF REPRESENTATIVES, JUNE 21, 1769. Whereas this House did, on the first day of the present ses- sion of the General Assembly, take into serious consideration the unliappy situation of this colony, by reason of a military force, procured and stationed here, in consequence of gross misrepre- sentations of his Majesty's loyal subjects of this colony ; and did then remonstrate to his Excellency the Governor, " that an arma- ment by sea and land, investing the metropolis where this Court was convened and held, and a main guard kept, with cannon point- ed at the very doors of the State House, was inconsistent with the dignity and freedom of this House :" And whereas his Excellency was pleased, in answer, to declare, "that he had no authority over his Majesty's ships in the harbor, and the troops in the town of Boston, and could give no orders for the removal of the same :" And instead of the grievance being redressed, this Assembly, itself, has been made to give Avay to the said armed forces, by his Ex- cellency's adjournment of the said Assembly, from its usual and ancient place, to Harvard College, in Cambridge : And whereas this House has reason to apprehend that it has been, and still is, the endeavor of persons, inimical to our happy constitution, to have a military power, independent of, and uncontrolable by, any civil authority within this colony, established here : Resolved, That this House will, at all times, to the utmost of their power, maintain the honor and dignity of our rightful and gra- cious Sovereign, and promote his Majesty's service in this juris- diction, as well as support the just rights and liberties of the peo- ple, their own dignity, and the constitutional freedom of their debates and consultations. ^ Resolved, As the opinion of this House, that the British consti- tution admits of no military force within the realm, but for the pur- poses of offensive and defensive war : and, therefore, that the sending and continuing a military force within this colony, for the express purpose of aiding and assisting the civil government, is an infraction of the natural and constitutional rights of the people, a breach of the privilege of the General Assembly, inconsistent with that freedom with which this House, as one branch of the same, hath a right, and ought to debate, consult and determine, and man- ifestly tends to the subversion of that happy form of government, which we have hitherto enjoyed. Resolved, That the proceeding of this House to the public busi- ness of the colony, while a military force, for the purpose of aiding the civil authority, is quartered within the same, and declared to be uncontrolable by his Majesty's Lieutenant in this colony, is from necessity ; and is not to be considered as a precedent, at any time MASSACHUSETTS STATE PAPERS. 175 hereafter, or construed as a voluntary receding of this House, from any of those constitutional rights, liberties and privileges, which the people of tliis colony, and their representatives, in General Court assembled, do hold, and of right ought to enjoy. MESSAGE OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, JUNE 21, 1769. Gentlemen of the House of Representatives, When, at the opening of the session, I recommended to you to give your earliest attention to the business of the province, I did not think that there was any occasion to specify the particulars of such business, as they must occur to you as readily as to me. However, lest this omission should be made use of as an excuse for your inactivity, and as you have now entered into your fourth week, without having done any thing at all, I shall now capitulate the principal articles of the public business, which have hitherto waited for your notice. - They are, 1st, the support of the government ; 2d, the supply of the treasury ; 3d, the providing for the payment of the provin- cial debt, which now amounts to one hundred and five thousand pounds ; 4th, the tax bill ; 5th, the impost bill ; 6th, the excise bill, if thought proper ; 7th, the establishment for forts and garrisons 5 8th, the continuation of the truck trade ; 9th, the continuation or revival of expiring or expired laws, &c. All these several matters, and such others of the ordinary busi- ness as I may have omitted, I now recommend to your immediate consideration. Such assistance as I can give you, especially in re- moving doubts or difficulties which may attend any of the said business, I shall be ready to aflford you, so far as is consistent with my duty. FRA. BERNARD. MESSAGE FROM GOVERNOR BERNARD, TO THE HOUSE OP REPRESENTATIVES, JUNE 28, 1769. Gentlemen of the House of Representatives, I THINK it proper to inform you, that his Majesty has been pleased, by his «ign manual, to signify to me his will and pleasure, that I repair ta Great Britain, to lay before him the state of thi? 176 MASSACHUSETTS STATE PAPERS. province ; and has also, by bis Secretary of State, given directions for the administration of this government, during my absence. Upon this occasion, I think it necessary to communicate to you the 53d of his Majesty's instructions, whereby he orders, that when the Governor shall be absent from the province, one moiety of the salary, and the perquisites and emoluments, which would other- wise be due to the Governor, shall, during his absence, be paid to the Lieutenant Governor, for his maintenance, and for the support of the dignity of the government, I have always considered the grant of the salary appointed to me, to be subject to this instruction, although it was not so ex- pressed in the act ; and I have no objection at the present time, when the absence of the Governor is foreseen, that the grant of the salary shall be expressed to be subject to this instruction. And I must, at the same time, observe to you, that as I am or- dered to attend his Majesty, as Governor of this province, and am made to understand that I am to be continued in that office, and am instructed for the appropriation of the salary, whilst I am ab- sent from the province, there is the same reason for the grant of the salary now, as there has been at any other time. I must, therefore, desire that, according to his Majesty's 49th instniction, such grant may be made to precede the other business of the ses- sion. FRA. BERNARD. RESOLVES Oi» THE HOUSE OF REPKESENTAITVES, JUNE 29, 1769. The General Assembly of this, his Majesty's colony of the Massachusetts Bay, convened by his Majesty's authority, and by virtue of his writ issued by his Excellency the Governor, under the great seal of the province : and this House, thinking it their duty, at all times, to testify their loyalty to his Majesty, as well as their inviolable regard to their own and their constituents rights, liber- ties and privileges, do pass the following resolutions, to be entered on their journal. Resolved, That this House do, and ever will bear the firmest alle- giance to our rightful Sovereign, King George the Third ; and are ever ready, with their lives and fortunes, to defend his Majesty's person, family, crown and dignity. Resolved, As the opinion of this House, " that the sole right of imposing taxes on the inhabitants of this, his Majesty's colony of the Massachusetts Bay, is now, and ever hath been, legally and constitutionally vested in the House of Representatives, lawfully convened, according to the ancient and established practice, with the consent of the Council, and of his Majesty, the King of Great Britain, or his Governor for the time being." MASSACHUSETTS STATE PAPERS. 177 Resolved, As the opinion of this House, that it is the indubitable riditof the subjects in general, and consequently of the colonists, jointly or severally to petition the King for redress of grievances ; and that it is lawful, whenever they think it expedient, to confer with each other, in order to procure a joint concurrence, in dutiful addresses, for relief from common burthens. Resolved, That Governor Bernard, by a wanton and precipitate dissolution of the last year's Assembly, and refusing to call another, though repeatedly requested by the people, acted against the spirit of a free constitution ; and if such procedure be lawful, it may be in his power, whenever he pleases, to render himself absolute. Resolved, That a general discontent, on account of the revenue acts, an expectation of the sudden arrival of a military power, to enforce the executioii of those acts, an apprehension of the troops being quartered upon the inhabitants, when our petitions were not permitted to reach the royal ear, the General Court, at such a juncture, dissolved, the Governor refusing to call a new one, and the people, reduced almost to a state of despair, rendered it highly expedient and necessary for the people to convene by their com- mittees, associate, consult and advise the best means to promote peace and good order ; to present their united complaints to the throne, and jointly to pray for the royal interposition in favor of their violated rights. Nor can this procedure possibly be illegal, as they expressly disclaimed all governmental acts. Resolved, As the opinion of this House, that Governor Bernard, in his letters to Lord Hillsborough, his Majesty's Secretary of State, has given a false and highly injurious representation of the conduct of his Majesty's truly loyal and faithful Council of this colony, and of the magistrates, overseers of the poor, and inhabit- ants of the town of Boston, tending to bring on those respectable bodies of men, particularly on some individuals, the unmerited displeasure of our gracious Sovereign ; to introduce a military gov- ernment, and to mislead both Houses of Parliament into such se- vere resolutions, as a true, just and candid state of facts must have prevented. Resolved, That Governor Bernard, in the letters before men- tioned, by falsely representing that it was become " necessary the Kirij should have the Council Chamber in his own hands, and should be enabled, by Parliament, to supersede by order, in his Privy Council, commissions granted in his name, and under his seal, throughout the colonies," has discovered his enmity to the true spirit of the British constitution, to the liberties of the colo- nies : and has struck at the root of some of the most invaluable constitutional and charter rights of this province ; the perfidy of which, at the very time he professed himself a warm friend to the charter, is altogether unparalleled by any in his station, and ought never to be forgotten. * ■- 178 MASSACHUSETTS STATE PAPERS. Resolved, That the establishment of a standing army, in this colony, in a time of peace, without the consent of the Genera) As- sembly of the same, is an invasion of the natural rights of the people, as well as of those which they claim as free born English- men, confirmed by magna charta, the bill of rights, as settled at the revolution, and by the charter of this province. Resolved, That a standing army is not known as a part of the British constitution, in any of the King's dominions ; and every attempt to establish it has been esteemed a dangerous innovation, manifestly tending to enslave the people. Resolved, That the sending an armed force into this colony, un- der a pretence of aiding and assisting the civil authority, is an at- tempt to establish a standing army here, without our consent; is highly dangerous to this people; is unprecedented, and unconsti- tutional. Resolved, That whoever has represented to his Majesty's min- isters, that the people of this colony, in general, or the town of Boston, in particular, were in such a state of disobedience and disorder, as to require a fleet and army to be sent here, to aid the civil magistrate, is an avowed enemy to this colony, and to the na- tion in general ; and has, by such misrepresentation, endeavored to destroy the liberty of the subject here, and that mutual union and harmony between Great Britain and the colonies, so necessary for the welfare of both. Resolved, As the opinion of this House, that the misrepresenta- tions of the state of this colony, transmitted by Governor Bernard to his Majesty's niinisters, have been the means of procuring the military force, now quartered in the town of Boston. Resolved, That whoever gave order for quartering even common soldiers and camp women in the court house, in Boston, and in the representatives' chamber, jj'here some of the principal archives of the government had been usually deposited ; making a barrack of the same, placing a main guard, with cannon pointed near the said house, and sentinels^'at the door, designed a high insult, and a triumphant indication that the military power was master of the whole legislative. Whereas, his Excellency General Gage, in his letter to Lord Hillsborough, dated October 31st, among other exceptionable things, expressed himself in the following words : " From what has been said, your Lordship will conclude that there is no gov- ernment in Boston ; in truth there is very little at present, and the constitution of this province leans so much to the side of de- mocracy, that the Governor has not the power to remedy the dis- orders that happen in it :" Resolved, As the opinion of this House, that his Excellency General Gage, in this and other assertions, has rashly and imper- tinently intermeddled in the civil affairs of this province, which aie altogether out of his department ; and of the internal police ot MASSACHUSETTS STATE TAPERS. 179 which, by his letter, if not altogether his own, he has yet betrayed a degree of ignorance, equal to the mnlice of the autlior. With respect to the nature of our government, this House is of opinion, that the Avisdom of that great Prince, William the Third, who gave the charter, aided by an able ministry, and men thor- oughly versed in the English constitution and law ; and the happy effects derived from it to the nation, as well as this colony, should have placed it above the reprehension of the General, and led him to inquire, whether the disorders complained of, have not arisen from an arbitrary disposition in the Governor, rather than from too great a spirit of democracy in the constitution. And this House cannot but express their deep concern, that too many in power, at home and abroad, so clearly avow, not only in private conversa- tion, but in their public conduct, the most rancorous enmity against the free part of the British constitution, and are indefati- gable in their endeavors to render the monarchy absolute, and the administration arbitrary, in every part of the British empire. Resolved, That this House, after the most careful inquiry, have not found an instance of the course of justice being interrupted by violence, except by a rescue committed by Samuel Fellows, an officer in the navy, and by the appointment of the commissioners, an officer, also, in the customs ; nor of a magistrate's refusing to inquire into, or redress any injury complained of; while it is notorious to all the world, that even such acts of Parliament, as, by the whole continent, are deemed highly oppressive, have never been opposed with violence, and the duties imposed, and rigorously exacted, have been punctually paid. Resolved, That the frequent entries of nolle prosequi, by the Attorney and Advocate General, in cases favorable to the lib- erty of the subject ; and rigorous prosecutions by information and otherwise, in those in favor of power, are daring breaches of trust, and insupportable grievances on the people. Resolved, As the opinion of this House, that the late extension of the power of courts of admiralty in America, is highly dan^-er- ous and alarming; especially as the judges of the courts of com- mon law, the alone check upon their inordinate power, do not hold their places during good behavior ; and those who have falsely represented to his Majesty's ministers, that no dependance could be had on juries in America, and that there was a necessity of ex- tending the power of the courts of admiralty there, so far as to de- prive the subject of the inestimable privilege of a trial by a jury, and to render the said courts of admiralty uncontrolable by the ancient common law of the land, are avowed enemies to the con- stitution, and manifestly intended to introduce and establish a sys- tem of insupportable tyranny in America. Resolved, As the opinion of this House, that the constituting a board of commissioners of customs in America, is an unnecessary burthen upon the trade of these colonies, and that the unlimited 180 MASSACHUSETTS STATE PAPERS. power the said commissioners are invested with, of making ap- pointments, and paying the appointees what sums they please, un- avoidably tends so enormously to increase the number of placemen and pensioners, as to become justly alarming, and formidable to the liberties of the people. Resolved, That it is the opinion of this House, " that all trials for treason, misprison of treason, or for any felony or crime, what- soever, committed or done, in this, his Majesty's colony, by any person or persons i-esidiiig therein, ought, of right, to be had and conducted in and before his Majesty's courts, held within the said colony, according to the fixed and known course of proceed- ings ; and that the seizing any persfm or persons, residing in this colony, suspected of any crime, whatsoever, committed therein, and sending such person or persons, to places beyond the sea, to fee tried, is highly derogatory of the rights of British subjects ; as thereby the inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of summoning and producing wit- nesses on such trial, will be taken away from the party accused.'* [The committee who prepared the above, and those of the 21st of said month, were the Speaker, (Mr. Gushing) Col. Otis, Capt. SheafFe, Gen. Preble, Mr. Adams, Mr. Hancock, Mr. Spooner, Mr. Otis, and Mr. Porter.] ANSWER OF BOTH HOUSES, TO THE GOVERNOR'S SPEECH, AT THE OPENING OS THE SESSION, JUNE 29, 1769. May it please your Excellency, As your Excellency, in your speech to both Houses, at the opening of the present session, has recommended tons, "to give our earliest attention to the business of the province ;" we should have been glad if your Excellency had pointed out what was ex- pected from us. We agree with you, sir, that the business of the province is got into such an arrear, that it will require the utmost diligence to get it done within the usual time generally allotted to this session." Who brought the province under this difficulty, your Excellency can be at no loss to determine. Had the Assembly been called in the fall of the year past, there would have been no cause of such complaint. Your Excellency has been pleased to tell us, " that you shall be ready to concur with us, in all measures proposed for the good of the people, tliat are consistent with the invariable rule you have MASSACHUSETTS STATE PAPERS. 181 laid down, of not departing from the duty you owe to the King." Tt is surprising, sir, that so soon after such a declaration, your Excellency should suspend your assent to a resolve for an estab- lishment for forts and garrisons, even for a single moment ; espe- cially as such an establishment was always a favorite object with your Excellency. Does the " duty you owe to the King, or the regard you have for the good of the people," forbid your signing it ? If so, how could your Excellency recommend this business to the House, in your message of the twenty -first instant, as what was necessary to be immediately done ? We are sensible, may it please your Excellency, that the service of the Crown, and the interest of the people, are objects very compatible with each other; and that they must be so, " under a monarch, who makes the gen- eral welfare of all his subjects, the sole end of his governme'i';." This sentiment is what the two Houses have adopted, and have always made their object. And h.ad your Excellency, in humble imitation of your royal master, during your administration, acted from such noble principles, many of the disputes between your Excellency and former Assemblies, would have had no existence. We shall, with all convenient despatch, finish the business of the present session, and we have a just right to expect that your Ex- cellency will give your assent to all such I'esolves and acts, that may be laid before you, as will be for the interest of the people, and the real service of the Crown. [The committee who reported the above, were B. Idncoln and, H. Gray, of the Council, and G. Leonard, Capt. Reed, and S. Hall, of the House.] ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR'S MESSAGE, OF JUNE 28 JULY 4, 1769. Matf it please your Excellency, By your message to this House, of the 28th of June, we are informed, that his Majesty has been pleased, by his sign manuel, to signify to you his will and pleasure, that you repair to Great Britain, to lay before him the state of this province. We are bound in duty at all times ; and we do, more especially at this time, cheerfully acquiesce in the lawful command of our Sovereign. It is a particu- lar satisfaction to us, that his Majesty has been pleased to order a true state of this province to be laid before him ; for we have abun- dant reason to be assured, that when his Majesty shall be fully ac- quainted with the great and alarming grievances which his truly 182 MASSACHUSETTS STATE PAPERS. loyal subjects here have suffered, through your administration, and the injury they have sustained in their reputation, he will, in his great clemency and justice, frown upon, and forever remove from his trust, all those, who, by wickedly informing his ministers, have attempted to deceive even his Majesty himself. Your Excellency is best acquainted with the part you have acted : your letters have enabled this House, and the public, in some measure, to form a judgment. And while you will necessarily be employed, as thia House conceives, in setting your own conduct in the most favorable light before his Majesty, we are persuaded we shall be able to an- swer for ourselves and our constituents, to the satisfaction of our Sovereign, whenever we shall be called to it. You are pleased to communicate to this House, an instruction for the appropriation of the salary granted to his Majesty's Gov- ernor, during such time as he may be absent from the colony. But as we are not made to understand, that your Excellency will be con- tinued in your office, as Governor of this province, after your ex- |)ected departure from it, the House cannot, in faithfulness to their constituents, make an unprecedented grant of their money for ser- vices which we have no reason to expect will ever be performed. Your Excellency must be fully sensible, that the people of this province have never failed, in duty to his Majesty, to make ample provision for the support of his government. You will be pleased to remember, that you are fully paid to the 2d of August next ; be- fore the expiration of which time you will embark for Great Britain. We shall then make the necessary provision " for the support of the dignity of government ;" and when his Majesty shall be pleased to appoint another Governor, we trust this people will be ready, as they ever have been, to grant him an ample salary, proportional to their abilities, and suitable to his station and merit. These are the only considerations which ought to have any weight with this House, in granting the people's money, for the support of a Governor. His Majesty's 49th instruction, now before the House, and to which you refer us, is a rule for your Excellency ; but we conceive it was never intended for the House of Representatives. We have, how- ever, the pleasure of observing, that your Excellency is not at all restrained by it, from signing any bills, or other matters, that may be laid before you, at any time preceding the grant of a salary for the support of government; and, therefore, we have a just right to expect that you will not, on that account, retard such public busi- ness before you, as his Majesty's service, and the welfare of the people, indispensably requires. [The committee which reported this answer, consisted of Mr. OtiSj Col. Warren, Mr, Hancock, Capt. SheafFe, and Gen. Preble.] MASSACHUSETTS STATE PAPERS. 183 MESSAGE FROM GOVERNOR BERNARD TO THE HOUSE OF REPRl^SENTATIVES, JULY 6, 1769. Gentlemen of the House of Representatives, I HEREBY communicate to you an extract of a letter I received some time ago from General Gage, desiring that I would lay before you the accounts of the expenditures incurred by quartering his Majesty's troops in Boston, that funds may be provided for dis- charging the same. I accordingly lay before you the said accounts, as communicated to me by Colonel Robertson, with a copy of a letter from him, on the subject. The vouchers, referred to in the said let- ter, are in the hands of Colonel Joseph Goldthwait, who will pro- duce the same to your order. I desire that you will take these ac- counts into your consideration, and provide proper funds for dis- charging the same, so far, at least, as you are required by law. ' I am also desired by the General, to make a requisition to you, that provision may be made for the further quartering his Majesty's forces in the town of Boston, and Castle Island, according to act of Parliament. This provision was made for the 65th regiment, whilst it was quartered at Castle Island by my order, with the advice of Council. But, now the General Court is sitting, it is proper that you should take order in this business, and especially in providing funds for that purpose, without which, further provision cannot be made. I desire you would act thereon as soon as you can, as I understand that the quartering the 29th regiment in the Castle bar- racks, is delayed for want of it. FRA. BERNARD. MESSAGE FROM Governor Bernard to the house of representativeSj JULY 12, 17Q9. Gentlemen ofiJie House of Representatives, As the session is drawing to a conclusion, I must desire that you will give an answer to my message of the 6th instant, and that you will distinguish betwe^jn the charges arising from the hiring of barracks, and furnishing them, and the charges of purchasing provi- sions, as are directed by act of Parliament to be provided by this province ; and that you will also give an answer, whether you will es- tablish funds for the future supply of provisions, according to act of 184: MASSACHUSETTS STATE FAPERS. Parliament, to the troops quartered in barracks, in Boston, or which may be quartered in the provincial barracks, on Castle Island, or either of them. And I desire that you will be explicit and distinct in those particulars, that there may be no mistake in the report of your resolutions on these heads. In my former message, I omitted to inform you that the barracks on Castle Islan4, will not conveniently hold a regiment without an additional building for officers' rooms. The want of such a building has been inquired into by the Commissioners, and found to be real ; and an estimate of the expense has been made, which, I understand, amounts to two hundred and fifty pounds. I desire that you will take this also into consideration, and let me know your resolution thereon. ♦ FRA. BERNARD. ANSWER OF THE HOUSE OF REPRESENTATIVES, TO THE GOVERNOR'S MESSAGES, OF JULY 6 AND 12....JULY IS, 1769. May it please your Excellency^ The House of Representatives have contemplated your sev- eral messages of the 6th and 12th instant, as fully as the time, to which you were pleased to limit them, would admit. And as Gen- eral Gage's letter on this subject, dated 15th of May, of which we ■were favored with an extract only, must have been received be- fore the meeting of the General Assembly, we think it very extra- ordinary that your Excellency should sufter five or six weeks to elapse, before you thought proper to give us the least intimation of this matter. It is also surprizing, that, as the Barrack Master General, Colonel Robinson, was in Boston near a month, the greater part of which time, the General Assenjbly was sitting, we never before heard of the " demand" which he had " the honor to make," as he is pleased to express himself, in his letter to your Excellency, of the 18th of June. It is wonderful indeed, that this House should have no notice of that demand, till the 6th instant, and that a quickening message should so soon follow. Between these messages, Lord's day intervening, the House had adjourned, as usual, from Saturday to Monday. But it is truly astonishing, that when the gracious desires of majesty itself, of aids in men and money in the late war, in which we freely bled with our fellow subjects and brethren of Great Britain, as well as of America ; and on less arduous occasions have, with royal clemency and great condescension, ever been intimatedin the form only of a requisi- tion, the Barrack Master General should hold so high and peremp- MASSACHUSETTS STATE PAPERS. 185 tory a tone as the word demand, must necessarily imply. The in- dignity, thus oftered to your Excellency's commission, would have been an aftair entirely between your Excellency and the Barrack Master General, had it not been communicated to us as an appen- dage, nor accompanied your message of the 6th instant, the sub- ject of which, we shall now, more immediately consider. The public proceedings of this House, we trust, will sufficiently evince to the whole world, and to all posterity, the idea we enter- tain of the sudden introduction of a fleet and army here ; of the unparalleled methods used to procure this armament; and of the indefatigable pains of your Excellency, and a few interested per- sons, to keep up a standing force here, by sea and land, in a time of profound peace, under the mere pretence, of the necessity of such a force, to aid the civil authority. But were it a time of war, and the necessity of such a force ever so great, of which it is ad- mitted, the King, by virtue of his undoubted prerogative of march- ing his armies, and directing his fleets to any part of his realms or dominions, is the sole judge; yet, sir, it should be remembered, that the very nature of a free constitution, requires that those fleets and those armies should be supported only by the aids voluntarily granted by the Commons. Thus, till very lately, they have been supported, not only in Great Britain and Ireland, but in all the British dominions. May it please your Excellency, we are constrained to be very explicit upon the funds proposed, and the law alluded to, both ia your message of the 6tli instant, and in the extract of General Gage's letter before us. By funds, we presume, is meant a provi- sion for the reimbursement of such expenses as have been occa- sioned, or may accrue, in consequence of quartering the troops here ; and by law, is meant the mutiny act, so commonly called, which was passed in the 6th year of the reign of our most gracious Sovereign. By this act, it is declared, " the officers and soldiers quartered, as therein more particularly expressed, shall, from time to time, be furnished and supplied by a person or persons, to be authorized or appointed for that purpose by the Governor and Council of each respective province ; or upon the neglect or refu- sal of such Governor and Council, in any province, then by two or more Justices of the Peace, residing in or near the place" of quartering, with ^' fire," and other enumerated articles. And that the respective provinces shall " repay such person or persons, all such sum or sums of money, b}^ him or them paid, for the tak- ing, hiring, and fitting up uninhabited houses, and for furnishing the officers and soldiers therein, and in the barracks," with " fire," and the other enumerated articles. And such sum or sums are, by said act, required to be " raised in such manner as the public charges for the provinces respectively are raised." And it is also further declared bv said act, that '* the extraordinary expense of 186 MASSACHUSETTS STATE PAPERS. carriages to be paid by the province or colony where the same shall arise." From hence it is obvious, that a Governor and Council have no more right, by this act, to draw money out of a colony treasury, than the two justices mentioned therein. The duty prescribed, is entirely confined to the appointment of a person or persons, to fur- nish and supply the articles in said act mentionetl. Such is the unreasonableness and severity of this act, that it leaves to the As- semblies not the least color of a privilege, but only the pitiful power to raise the sums in such manner as the public charges of the provinces are respectively raised. Hence it is manifest, how unwarrantably the Governor and Council have acted, in the pay- ments they have ordered between the dissolution of the last year's Assembly and the convening of this, for articles furnished his Ma- jesty's 65th regiment, lately quartered in the barracks, at Castle William ; for it is known, there was no fund provided, consequent- ly, there could be no appropriation made by the General Court for that purpose. We shall now, with your Excellencj'^'s leave, take a nearer view of the act of Parliament above mentioned. The whole continent has, for some years past, been distressed with what are called acts for imposing taxes on the colonists, for the express purpose of rais- ing a revenue; and that, without their consent in person, or by representative. Tliis subject has been so fully handled by the several Assemblies, and in the publications that have been made, that we shall be as brief as possible upon that head; but we take leave to observe, that in strictness, all those acts may be rather called acts for raising a tribute in America, for the further purposes of dissipation among placemen and pensioners. And, if the present system of measures should be much further pursued, it will soon be very difficult, if possible, to distinguish the case of widows and orphans in America, plundered by infamous informers, from those who suffered under the administration of the most oppressive of the Governors of the Roman provinces, at a period, when that once proud and haughty republic, after having subjugated the finest kingdoms in the world, and drawn all the treasures of the east to imperial Rome, fell a sacrifice to the unbounded corruption and venality of its grandees. But of all the new regulations, the stamp act not eyepted. this under consideration, is the most excessively unreaso ^.e. For, in effect, the yet free Representatives of the free Assemblies of North America, are called upon to repay, of their own and their constituents money, such sum or sums, as per- sons over whom they can have no check or control, may be pleased to expend ! As Representatives, we are deputed by the people, agreeable to the royal charter and laws of this province. By that charter and the nature of our trust, we are only empowered to *' grant such aids." and " levy such taxes for his Majesty's ser- vice, as are reasonable ;" of which, if we are not free and independ- MASSACHUSETTS STATE PAPERS. 187 ent judges, we can no longer be fi-ee Representatives, nor our constituents free subjects. If we are free judges, we are at liberty to follow the dictates of our own understanding, without regard to the mandates of anotlier; much less can we be free judges, if we are but blindly to give as much of our own and of our constituents substance, as may be commanded, or thought fit to be expended, by those we know not. Your Excellency must, therefore, excuse us, in this express de- claration, that as we cannot, consistently with our honor, or inter- est, and much less with the duty we owe our constituents, so we shall never make provision for the purposes in your several mes- sages above mentioned. [The Committee who prepared this answer, were, Col. Otis, Major Havvley, Col. AVilliams, Mr. Adams, Mr. Otis, Col. Ward, and Mr. Hancock.] SPEECH OF GOVERNOR BERNARD, TO THE HOUSE OF REPRESENTATIVES, JULY 15, 1769. Gentlemen of the House of Representatives, At the opening of this session, I had in contemplation the ex- pediency of passing the public bills which were necessary to the government, with all due expedition, and particularly the supply bill, without which, the whole provincial debt, by a law then sub- sisting, would have been levied in one year, which would have been a great burthen upon the people. And I had resolved with myself to promote the expediting such necessary bills, and to avoid and remove, as far as I could, all difficulties which might obstruct the same. Put you, gentlemen, had not the same dispo- sition ; you not only put a stop to all business, with the most trifling pretences, for some weeks together, but you endeavored, by all means you could, to oblige me, in the course of my duty, to put an abrupt end to the session, before you would permit the ne- cessary business of the province even to be brought before you. , In this, you had some success ; you put me under the difficulty of either not making proper provision for the necessary service of the government, which could not be done without continuing the session, or by a continuation of it, showing a want of regard to the dignity of tiie Crown. The assertions, declarations and resolu- tions wliich you have, from the beginning of the session to this time, continued to issue, in direct opposition to the sense of the sovereign legislature, as it has been lately declared, and in terms 188 MASSACHUSETTS STATE PAPERS. entirely inconsistent with the idea of this province being a part of the British empire, would have demanded of me an immediate vin- dication of the honor of the Crown, by putting an early end to this session, if I had not been restrained by my concern for the exi- gency of the state. And I must rely upon his Majesty's favorable indulgence in accepting my attention to the necessities of the people, in lieu of the resentment which was due to the misbe- havior of their Representatives. To his Majesty, therefore, and, if he pleases, to his Parliament,, must be referred your invasion of the rights of the imperial sove- reignty. By your own acts you will be judged. You need not be apprehensive of any misrepresentations ; as it is not in the power of your enemies, if you have any, to add to your publica- tions ; they are plain and explicit, and need no comment. It is my duty, and I shall do it with regret, to transmit to the King, true copies of your proceedings ; and, that his Majesty may have an opportunity to signify his pleasure thereon, before you meet again, I think it necessary to prorogue this General Court, immediately, to the usual time of its meeting for the winter ses- sioTi. FRA. BERNARD. PETITION OF THE HOUSE OF REPRESENTATIVES TO THE KING, TO REMOVE SIR FRAN- CIS BERNARD FOREVER FROM THIS GOVERNMENT, AGREEBLE TO THE UNANIMOUS VOTE OF THE HOUSE. JUNE 27, 1769. Most Gracious Sovereign, ^ We, your Majesty's most dutiful and faithful subjects, the Representatives of your ancient and loyal colony of the Massa- chusetts Bay, impressed with the deepfest gratitude to Almighty God, for calling to the British succession your illustrious family; and so firmly establishing your Majesty on the throne of your royal progenitors : And being abundantly convinced of your Ma- jesty's grace and clemency, most humbly implore the royal favor, while we briefly represent our grievances, which your Majesty alone, under God, can redress. We are constrained, in duty to 3^our Majesty, and in faithfulness to our constituents, to lay before your Majesty our complaints of his Excellency Sir Francis Bernard, Baronet, your Majesty's Governor of this cplony, whose whole administration appears to have been repugnant, not only to your Majesty's service^, and the welfare of your subjects in the colony, but even to the first princi- ples of the British constitution. MASSACHUSETTS STATE PAPERS. 189 From his first arrival here, he has, in his speeches and other public acts, treated the Representative body with contempt. He has, in his public speeches, charged both Houses of the General Assembly expressly, with oppugnation against the royal authority ; declaring that they had left gentlemen out of the Coun- cil, only for their fidelity to the Crown. He has, from time to time, indiscreetly and wantonly exercised the prerogative of the Crown, in the repeated negative of Counsel- lors of an unblemished reputation, and duly elected by a great majority, some of them by the unanimous sutfrage of both Houses of Assembly. He has declared, that certain seats at the Council Board shall be kept vacant, till certain gentlemen, who are his favorites, shall be reelected. He has,unconstitutionaIly,interfered with, and unduly influenced elections, particularly in the choice of an agent for the colony. He has very abruptly displaced divers gentlemen of worth, for no apparent reason, but because they voted in the General Assem- bly with freedom, and against his measures. He has, in an unwarrantable manner, taken upon himself the exercise of your Majesty's royal prerogative, in granting a charter for a college, contrary to an express vote of the House of Repre- sentatives, and without even asking the advice of your Majesty's Council. He has practiced the sending over depositions to the ministry, privately taken, against gentlemen of character h^re, without giv- ing the persons accused, the least notice of his purposes and pro- ceedings. He has very injuriously represented your Majesty's loving sub- jects of this colony in general ; as having an ill temper prevailing among them; as disaffected to your Majesty's government, and in- tending to bring the authority of Parliament into contempt. And, by such false representations, he has been greatly instrumental, as this House humbly conceive, in exciting jealousies, and disturbing the harmony and mutual affection which before happily subsisted, and we pray God, may again subsist between your Majesty's sub- jects in Great Britain and America. He has, in his letters to one of your Majesty's ministers, unjust- ly cliarged the majority of your Majesty's faithful Council in the colony, with having avowed the principles of opposition to the authority of Parliament, and acted in concert with a party, from whence such opposition originated. He has, also, in his letter to another of your Majesty's ministers, falsely declared, that a plan was laid, and a number of men actually enrolled, in the town of Boston, to seize your Majesty's Castle William, in the harbor of the same, out of your Majesty's hands. Such representations of the state and circumstances of thia 190 MASSACHUSETTS STATE PAPERS. colony, from a gentleman of the highest trust in it, will, of neces- sity, be received with full credit, till they are made to appear false. And, in consequence thereof, your Majesty's true and loyal subjects have suffered the reproach, as well as other hardships, of having a military force stationed here, to support your Majesty's authority, and the execution of the laws; which measure has been approved by your Majesty's two Houses of Parliament, as appears in their resolutions, that the town of Boston had been in a state of disorder and confusion, and that the circumstances of the colony were such as required a military force, for the purposes above mentioned. Having been a principal intrument, as we apprehend, in pro- curing this military force, your Majesty's said Governor, in an un- precedented manner, and as though he had designed to irritate to the highest degree, ordered the very room which is appropriated for the meeting of the Representatives of the General Assembly, and was never used for any other purpose, and where their records are kept, to be employed as a barrack for the common soldiers. And the sentinels were so posted, as that your Majesty's Council, and the Justices of the Courts of Common Law, were daily inter- rupted, and even challenged, in their proceeding to the business of their several departments. He endeavored, contrary to the express design of an act of Parliament, to quarter your Majesty's troops in the body of the town of Boston, while the barracks, provided by the government at the Castle, within the town, remained useless. And, for purposes manifestly evasive of said act, he unwarrantably appointed an offi- cer to provide quarters for the troops, otherwise than is therein prescribed. After having dissolved the General Assembly, at a most critical season, and while they were employed in the most necessary and important business of the colony, he arbitrarily refused to call another, for the space of ten months, and until the time appointed, in the royal charter, for the calling a General Assembly, against the repeated dutiful petitions of the people. It appears, by his letters to the Earl of Hillsborough, your Majesty's Secretary of State, that he has endeavored to overthrow the present constitution of government in this colony, and to have the people deprived of their invaluable charter rights, which they and their ancestors have happily enjoyed, under your Majesty's administration, and those of your royal predecessors. By the means aforesaid, and many others that might be enume- rated, he has rendered his administration odious to the whole body of the people ; and has entirely alienated their affections from him, and thereby wholly destroyed that confidence in a Governor, which your Majesty's service indispensibly requires. Wherefore, we most humbly entreat your Majesty, that his Excellency Sir Francis Bernard, Baronet, may be/orever removed MASSACHUSETTS STATE PAPERS. 191 from the government of this province. And, that your Majesty would be graciously pleased, to place one in his stead, worthy to serve the greatest and best Monarch on earth. [The committee, who reported this petition, were, the Speaker, (Mr. Gushing,) Col. Otis, i'apt. Sheaffe, Gen. Preble, Mr. Adams, Mr. Hancock, Mr. Spooner, Mr. Otis, and Mr. Porter."] LETTER FROM THE COUNCIL AND HOUSE OF REPRESENTATIVES, TO W. BOLLAN, ESQ. AGENT IN ENGLAND, ON APPEALS, JULY 16, 1769. This colony has lately been very much alarmed, by an order's being obtained from his Majesty, in Council, granting an appeal to them from a final judgment of the Supreme Court of Judicature, &c. in this colony, in an action of ejectment, wherein one David Jeffries was demandant, and Nathaniel Donnell, Esq. defendant. Although this action is a dispute about private property, be- tween individuals, yet as the establishing such a precedent, would be fatal in its consequences to the American colonies, it demands the. attention of the General Assembly. This colony was settled by private adventurers, at their owa expense, and thereby an extensive country added to the dominioa of Great Britain. The lands were purchased of natives, by those adventurers, and their successors, who thereby acquired as abso- lute a property in the soil, as a British subject can attain. The right to the soil hath been confirmed and established by royal charters, and is expressly confirmed and established, by the char- ter granted to this province, by their late Majesties, King William and Queen Mary, of glorious memory, which has never been for- feited, or any way vacated, wherein their said Majesties, for them- selves, their heirs and successors, granted to the inhabitants of the province or territory of the Massachusetts Bay, all the lands and hereditaments, whatsoever, lying within the limits of said prov- ince ; to have and to hold the same, with their appurtenances, to the said inhabitants and their successors, to their only proper us-e ijind behoof forever, to be holden of their said Majesties, their heirs and successors, as of the Manor of East Greenwich, in the county of Kent, by fealty only, in free and common sockage, yielding and paying therefor, to their said Majesties, their heirs and successors, the fifth part of all gold and silver ore, and precious stones, which may, from time to time, and at all times, be found and obtained, in any of the said lands or premises. In and by the same charter, their said late Majesties did, fur 192 MASSACHUSETTS STATE PAPERS. themselves, their heirs and successors, give and grant, that the General Court of the same province, should forever have full power and authority to erect and constitute Judicatories, and Courts of Record, or other Courts, to be held in the name of their said late Majesties, their heirs and successors, for the hearing, trying and determining of all manner of crimes, offences, pleas, processes, plaints, actions, matters, causes and things, whatsoever, arising or happening within the same province, or territory, or be- tween persons happening or residing there, whether the same be criminal or civil ; whether the said crimes be capital or not capi- tal ; and whether the said pleas be real, personal or mixed ; and for the awarding execution thereupon, saving only an appeal to his Majesty, in Council, in personal actions, wherein the matter in difference exceeds the value of 300L sterling : Provided always, that nothing therein, should extend or be taken to erect, grant, or allow the exercise of any Admiralty Court, jurisdiction, or power, but that the same should be, and thereby was reserved to their said late Majesties and their successors. From which it follows, according to the ancient maxim, exceptio prohat regidam, that the Judicatories and Courts, erected and constituted in this colony, in consequence, and by virtue of the same charter, have cognizance of, and full power and authority of finally judging and determining all actions, arising or happening within the province, excepting matters properly cognizable in the Admiralty Court, and that no appeal lieth from such determinationsand judgments, to any court or jurisdiction, whatever, excepting only, the above mentioned in- stance in personal actions, where the matter in difference exceeds the value of 5001. sterling. We also clearly hold, that, of common right, actions of eject- ment, and all real actions, are local, and triable only in the re- spective counties where the lands or tenements, in question, be, This principle of law is so fully established, that whenever at- tempts have been made to draw into question titles of law, in other counties, (though in actions in their own nature transitory,) such attempts have ever been suppressed by the wisdom of the judges and sages of the law, as subtle and dangerous innovations in dero- gation of the common law. Therefore, the establishing a prece- dent for granting appeals to his Majesty in Council, from the final judgment and determinations of the proper courts in this colony, in real, or any other actions, that draw the title of freeholders, in question, would be the subverting of an ancient principle of the common law, as well as contrary to the great charter, which or- dains that no freeman shall be disseized of his freehold, or any otherwise destroyed, but by lawful judgment of his peers, by the law of the land, would be in direct violation of the royal charter, granted to this colony, and pregnant with every mischief that can possibly arise to its inhabitants. Without mentioning the parties being deprived of a trial by a MASSACHUSETTS STATE PAPERS. 193 jury from the viclitity. who must be supposed to be the most com- petent jud<^es of the facts, views, and all circumstances of local evidence, it will be impossible for the inhabitants of this colony, in general, to defend their titles at the distance of thrc' thousand miles, against claims, however groundless and unjust. Mhe greater part of the estates in this colony are So small, that it ',•- wiih diffi- culty that the freeholder, however ii)dustrious or frugal, supplies his family with the necessaries of life, and pays his proportion of taxes for the ordinar}' support of government. His whole estate, converted into money, would be insufficient to defray the ordinary expense and charges of defending a suit in Great Britain. In ev- ery such appeal, judgment must, therefore, of course, be obtained against him by (''^fault, and he subjected to perpetual imprison- ment, for cost. This is the case of by much the greater part of the landholders in this colony, and, indeed, there are but few that would not be w ithin the same mischief. Therefore, the es- tablishing such a precedent, would infallibly enable a few wealthy men, whether resident in the colonies, or elsewhere, by setting up groumlless and unjust complaints, to possess themselves, under color of law, of the greatest part of the lands and hereditaments of his Majesty's foithful subjects in this colony, and would actually red'uce them to as abject and miserable situation and condition, as that of ancient Villenage, where, although the villain might pur- chase lands in fee, yet he held them only at the will of his lord. The train of evils, consequent upon this, is obvious : agriculture, the natural livelihood of this infant colony, will be iiscouraged, and the settling and peopling this extensive continent, prevented. The trade of the colonies is already unhappily expiring, and should agriculture meet with the sam- fate, the very sinews of the Com- monwealth will be destroyed, and his Majesty's subjects, in tins colony, reduced to a state (h desperation. You are, therefore, strictly enjoined, to use your utmost endeavor to prevent so fatal a precedent's being established. And we would inform you, for your assistance herein, that an appeal, claimed to his Majesty in Council, from a judgment of the vSupreme Court, in the province of New York, in the case of Forsey vs. Cunningham, even in apcjsonal action, has lately been dismissed, as not warranted by lav 194 MASSACHUSETTS STATE PAPEllS. LETTER FROM D. DE BERDTr ESQ. AGENT IN ENGLAND, TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES. London, February 11, 1769. SIR, You are not without warm and steady friends, in both Houses of Parliament, who are ^^rieved at the hardships you are under. I waited, yesterday, on Lord Shelburne, who is deeply impressed with a sense of your difficulties ; and says, if he had been still in the Ministry, he should have composed all your difficulties, with- out any military forte : for, when he was in the administration, your colony paid him the most respectful and obliging conduct of any of the colonies ; and he will endeavor to serve you, in any particular, wherein he thinks it just to do it. The Ministry seem confused and perplexed, and intoxicated with high notions of power, which gives great uneasiness here, as well as the affairs of America. Yesterday, the livery of London met, to give instructions to their Representatives, which were of a very spirited nature ; in which, they recommend their care to encourage and promote our trade to all the British colonies. The whole of such instructions must be displeasing to the Ministry. And, now London has begun, it is more than probable, this method of instruction will run through the greatest part of the kingdom ; and, I hope, will have a good effect ; at least, that it will shew the general temper of the people, to cultivate a good understanding and trade with America. I was, also, since ray last, with Colonel Barre, who is a hearty and zealous friend to America, and to your colony in particular. He is very sensible of the difficulties you are undei-; and is ready, at all times, to exert himself in your favor. D. DE BERDT. SPEECH OF THE LIEUTENANT GOVERNOR, TO THE COUNCIL AND HOUSE OF REPRE- SENTATIVES, MARCH 15, 1770, AT THE OPENING OF THE SESSION. Gentlemen of the Council, and Gentlemen of t/ie House of Representatives, 1 INTENDED to havc met the Court, on the 10th of January, at Boston, being the time and place to which it stood prorogued, when the Governor left the province ; but> by the two last packets from MASSACHUSETTS STATE PAPERS. 195 England, I have received such instructions, as made it necessary for me further to prorogue, it to this time and place ; and, I am informed, that, before the session is ended, 1 may expect to have something, in special command from his Majesty, relative to the state and circumstances of the province, to lay before you. In the mean time, I shall be ready to join with you, in such of our inte- rior business, as shall be thought necessary, or expedient. The state of this business, I am not able, particularly, to point out to, you, having had but little knowledge of the affairs of the General Court, for several years past. There are amendments or altera- tions-, absolutely necessary to be made, in some of our laws, the de- fects of which have, of late, been a subject of general complaint ; I shall, liereafter, propose them to you by messages. I have anotlicr matter, also, of general utility, which I shall lay before you in the same way. You cannot oblige me more, than by putting it in my power to concur with you in measures for promoting the peace, good order, and lasting tranquillity of the province. I am sensible the season of the year is approaching, when you caiiiiot be absent from your several homes, without peculiar preju- dice to your private affairs. I shall, therefore, do all that is neces- sary, on my jiarl, to give the greatest despatch to the business of the session : al the same time, I am willing to give attendance upon it, as long as we can employ ourselves for the benefit of the province. T. HUTCHINSON. REMONSTRANCE OF THE HOUSE OF RFPRESENTATIVES, AGAINST THE PROROGATION OF THE GENERAL COURT, BY THE MANDATE OF THE MINIsflf^R, &c. ADDRESSED TO THE LIEUTENANT GOVERNOR, MARCH 15, 17T0; May it please your Honor, The House of Representatives of this, his Majesty's colony, observing in your proclamation for proroguing the General As- sembly, that you were pleased to assign as the only reason, " that you had received instructions to meet the said Assembly, at Cam- bridge,'" think it their indispensable duty to remonstrate to your Honor, against any such reason, for proroguing this Court, a? being an infraction of our essential rights, as men and citizen.), as well as those derived to us by the British constitution, and the charter of this colony. We would further beg leave to remonstrate to your Honor, that tjie holding a General Assembly in Harvard College, is utterly repugnant to the interest of that seminary of learning, and, conse- 19Q MASSACHUSETTS STATE PAPERS. quently, to the designs of the Representatives of this people, in so liberally granting the monies of their constituents, for its emolu- ment and support. For these reasons, the House of Representatives are indispensa- bly obliged to pray your Honor to exert the authority derived to you from his Majesty's royal commission, agreeable to the charter of this colony, and vested in you alone, in adjourning this great and General Assembly, to its ancient place, the Court House, in Boston. We forbear to mention, particularly to your Honor, the great inconveniences which attend the sitting of the Assembly, in Cam- bridge, where the Members cannot be accommodated ; but more especially, as they are at a distance from the place where the re- cords of the Assembly are kept. [This remonstrance was prepared by tlie Speaker, Mr. Adams, Mr. Otis, Capt. Sheaffe, Mr. Hancock. Col. Bowers, and Mr. Hall.^ MESSAGE I'ROM THE LIEUTENANT GO A 3RNOR, TO THE HOUSE OF REPRESENTATIVES, MARCH 16, 177' . Gentlemen of the House of Represenliitcves, There being reserved, by the I'oyal charter, to this province, certain powers to the Governor, whensoever his Majesty's pleasure is signified to me, wliilst I am Commander in Chief, in what man- ner those powers shall be exercised, I think myself bound to con- form to it. [ wish that every part of my administration, whether by force of instructions, or otherwise, might be satisfactory to the Members of the House ; but must not depart from my duty to the King. If I should compi • '. ith the desire of the House, in atTjourning or pro- roguing- the Court, ta ^'oston, I apprehend I should incur his Ma- jesty's displeasure : . .k! I the rather hope it v.'ill not be expected from me, because > ^hnU never take exception to the exercise of any powers, which are constitutionally ^n the House, although such powers should be exercised, in consequence of instructions given to the Members of the House, by their constituents. T. HUTCHINSON. .TTIie House sent a message to the Council, requesting them to taivB such measures as they shall think jjtoper for the removal of the Court, to Boston. The Council sent a message to the Lieuten- ant Governor on the subject, and he replied to the Councilj by message : both of which follow.l MASSACHUSETTS STATE PAPERS. 107 ADDRESS OF THE COUNCIL TO Till r.IRUTENANT GOVERNOR, IN REPLY TO HIS SPEECH, AT THE OPENING OF. THE SESSION, MARCH 20, 1770. The Board have given all due attention to your speech at the opening of the present session. Your Honor is pleased to say, that your intention was to have met the Court, at Boston, on the lOdi of January, judging, we humbly presume, that it was most for the public benefit, as well as the particular convenience of the Mem- bers, that the Court should convene at that time, and that the busi- ness of the province should be then transacted. It gives us, there- fore, sensible concern, to find your Honor, immediately after de- claring, that " instructions received from England, made it neces- sai-y for you further to prorogue it to another time and place." S:olicitous, as we always are, for the preservation of the royal pre- i igative, we are equally anxious for the good of the people. We Cannot excuse ourselves, therefore, from observing to your Honor, that if his Majesty's Representatives should, from time to time, receive directions respecting such matters, as, from the local cir- cumstances of the province, he must have greater advantages to judge of himself, we fear many inconveniences may arise. If your Honor should, upon tlioroughly revolving the matter again in your mind, be convinced, tliat though you were instructed to meet the Assembly, in Cambridge, yet. his Majesty's service, and the interest of the province, conspire to render it fit tliat the remaining part of the session should be at the usual place for hold- ing the General Court; or should think that the reason for its sit- ting in this place has now ceased, the Board presume to hope, that your Honor will iadjourn it to the Court House, in Boston. The Board, moreover, beg leave to suggest to your Honor, that Governor Bernard's wanton exercise of power, in rejecdn"- so great a number of the gentlemen who were elected Counsellors in May last, has rendered a very general attendance of the present Council necessary. And as a number of Members are prevented, by bodily indisposition, from giving their presence, who could attend if the Court M'as removed to its former place, there is dan- ger, from the great number of committees, which will be wanted in the course of the session, that if it should continue here, the business of the province may be greatly retarded. The Board are humbly of opinion, considering the present state of the province, that your Honor will run no risk of incurring his Majesty's displeasure, by complying with the reqi^est of botii Houses. When your Honor shall "lay any matter before the Court, which you may receive in special command from his Majesty, rela- tive to the state and circumstances of the province," the Board 198 MASSACHUSETTS STATE PAPERS. will not fail to pay that regard to it, which every thing coming from our gracious Sovereign, justly demands. The disadvantages arising from the prorogation of the Court at this time, when the season of the year is approaching, that the Members cannot be absent from their several homes, without pecu- liar prejudice to their private affairs, is sensibly felt by us. So great despatch cannot be given to the business of the session, if the Court should continue here, as if removed to its ancient seat. We are, however, obliged to your Honor, for assuring us that you shall do all which is necessary to that end, on your part ; and that you are willing, at the same time, to give attendance upon it, as long as the Court can be employed for the benefit of the province ; which, we assure your Honor, this Board will ever make the great object of their pursuit. MESSAGE FROM THE LIEUTENANT GOVERNOR TO THE COUNCIL, IN REPLY TO THE FOREGOING, MARCH 21, 1770, Gentlemen of the Council^ I THANK you for your address. Had my removal of the Court from Boston to Cambridge, been founded merely upon my own opinion of the expediency of the measure ; or if I knew that the motives, which caused my order to prorogue the Court were ceas- ed, the reasons urged by the Council, and the House, would have their due weight and influence over me 5 but I neither prorogued the Court here, from my own motives, nor have I reason to think that the motives for ordering it to be done, now cease. However it may seem to others, I must consider myself as a servant of the King, to be governed by what appears to me to be his Majesty's pleasure in those things, which otherwise I might have a right to' do, or not to do, according to my discretion. T. HUTCHINSON. ANSWER OF THE HOUSE OF REPRESENTATIVES, TO THE SPEECH OF THE LIEUTEN- ANT GOVERNOR, DELIVERED TO BOTH HOUSES, AT THE OPENING OF THE SESSION, MARCH 27, 1770. May it please your Honor, The House have taken your speech, at the opening of this session, into their consideration, and cannot but express their con- MASSACHUSETTS STATE PAPERS. 199 cern, at your Honor's supposing yourself to have been necessitated, by the instructions you have received, to prorogue the General Court to this time and placo : and are constrained to say, that if your Honor's principles, in that respect, are hereafter to be adopt- ed by the Commanders in Chief, of this province, we hope his Ma- jesty's Ministers will pay more regard to the charter and constitu- tion of this province, than they seem to have done in this instance, before they again advise our most gracious Sovereign to give such instructions. We shall cheerfully attend to your Honor's message, respecting any necessary amendments or alterations in our laws, or any other matter of common utility, and are very desirous of transacting the business of this province, which is now greatly in arrear, with des- patch ; but the many inconveniences attending the holding of the General Court, at Cambridge, will, of necessity, greatly retard it. However, your Honor may rely upon it, that this House! will do every thing in their power for promoting the peace, good order, and lasting tranquillity of this province. [The committee who prepared the above, consisted of the Speak" er, Mr. Adams, Mr. Leonard, Col. Otis, and Major Hawley.J MESSAGE FROM THE LIEUTENANT OOVERNOR TO THE HOUSE OF REPRESENTA- TIVES, IN ANSWER TO THEIR VERBAL MESSAGE, MARCH 22, 1770. Gentlemen of the House of ItepresentativeSf Your committee, by a verbal message, have desired me to communicate to the House, a copy of the instructions, which I have received, for meeting the Court, at Cambridge. I shall always be sorry when it is not in my power to comply with the desire of the House. I am not at liberty to do it now, because the King has been pleased to order that no letters nor instructions to his Gov- ernor, shall be communicated, without his Majesty's special leave. T. HUTCHINSON. MESSAGE FROM THE HOUSE OF REPRESENTATIVES, TO THE LIEUTENANT GOVERNOR, MARCH 23, 1770 May it please your Honor, The House of Representatives beg leave still to remonstrate to your Honor, against the holding this General Assembly in Cam- bridge, as being repugnant to the constitution, and the law of this Commonwealth. 200 MAi5SACHUSETTS STATE PAPERS. By an act, passed in the tenth year of his late Majesty, King Wili'^am, of glorious memory, which received his royal approba- tion, and is now in force, the form of a writ for calling the Gen- eral Assembly', is established 5 wherein it is ordered, that the General Assembly be convened, held and kept in the Town House, in Boston. Hence it appears, that the Town House, in Boston, is, by law, established, as the only place for holding the Assembly; and we take the liberty to express our sentiments, that no instruc- tion ought to be deemed of sufficient force, to invalidate the law. With regard to the instruction, which seems to lie with so mucli wcigl:t on your Honor's mind, we would observe, that when a bill was brought into the British Parliament, to give the royal instruc- tions in the colonies, the force of law, the Commons then asserted the rights of the people, and rejected it M'ith disdain. We, therefore, again iiitreat your Honor, further to take this matter under your consideration, and, agreeable to the request of both Houses, to order the removal of this General Assembly, to its ancient and legal place, the Court House, in Boston. [The committee, by whom this message was reported, was Col. O'is, Mr. Hancock, Capt. Sheatte, Mr. Adams, and Mr. Leonard."] MESSAGE FROM THE LIEUTENANT C-nVERNOR TO THE HOUSE OF REPRESTNTA TIVES, IN REPLY TO THE FOREGOING, MARCH 23, 1770, Gentlemen of the House of Representatives, youR observation upon the form of the writ for calling the Geneitl Assembly, has been made in former controversies, po long ago as in Governor Burnet's administration, but it did not then prevail. The words, " the town of Boston," in the writ, like the words " William the Third," were understood to be mete niatter of form ; the one adapted to the place where the Court had usually been held ; tise other, to the Prince then on the throne. I have never attempted to give the King's instructions the force of laws. If I was convinced, that, by any law, the Court must be held at Boston, I should not very easily be induced to prorogue it to any other place, until such law should be repealed - T. HUTCIliNSON. MASSACHUSETTS STATE PAPERS. 201 REPORT AND RESOLUTIONS, ADOPTED MARCH 24, 1770, IN THE HOUSE OF REPRESENTATIVES ; PREPARED BY A COMMITTEE, APPOINTED TO CONSIDER THE STATE OF THE PROVINCE, AND TO INQUIRE INTO PUBLIC GRIEVANCES. [The committee were, Mr. Gushing, (the Speaker.) Mr. Adams, Maj. Havvley, Col. Otis, Mr. Leonard, Mr. Hancock, Capt. Sheafte, Mr. Spooner, and Capt. Derby.] Whereas, in and by an act of this province, made and passed in the tenth year of his late Majesty, King William the Third, it is enacted and ordained, that the writ, to be at any time thereafter issued by the Governor of the said province, shall be in the form following: [Here the form of the writ is given; which requires that the great and General Court or Assembly of the province, should be holden " at the Town House, in Boston,''^ ^'c] which said act was, in due season, laid before his said Majesty, King William the Third, of glorious memory; and did then receive his royal approbation ; and therefore, being a perpetual act, and not repealed, is now in full force, and cannot be repealed by any authority, but that of the legislative body of this province. This being the form of the writ prescribed in the said act, the Town House, in Boston, is the place thereby established, for the holding and keeping, as well as the convening the great and General As- sembly of this province. And whereas this province, by a perpetual act of the fifth of William and xMary, both made provision for upholding and repair- ing the said Town House, in Boston, for the holding of the said Assembly, x/hich amounts to an establishment of the seat of gov- ernment in that place ; and seems to be the foundation and reason of expressly inserting the name of the place, in the form of the writ aforesaid ; And also, in providing them an elegant mansion house, for the residence of the Governor : And the said General Assembly hath constantly been convened, held and kept, at the said town house, in Boston, agreeably to the act aforesaid ; pesti- lential sickness in said town, and other extraordinary cases, neces- sarily preventing it, excepted : Resolved, That the holding and keeping, as well as the conven- ing the said great and General Assembly, by force of instruction, or otherwise, at any other place, than in Boston aforesaid, is attended with very great inconveniences ; is contrary to the ancient custom and usage of the said Assembly ; in direct repug- nance of the constitution and the establishment aforesaid ; and therefore a grievance. And whereas both Houses of this Assembly, have remonstrated to his Honor the Lieutenant Governor, and present Commander in Chief of this colony, against the holding this General Assembly, ".6 202 MASSACHUSETTS STATE PAPERS. in Cambridge ; and have prayed his Honor to remove the same to its ancient seat, the Court House, in Boston ; but his Honor hath repeatedly refused to comply with their request : Therefore, resolved, That this House do now proceed to busi- ness, under this grievance, onbj from absolute necessity ; hereby protesting against the illegality of holding the Assembly as afore- said ; and ordering this, their protest, to be entered on their jour- nals, to tlie end, that the same may not be drawn into precedent at any time hereafter. And whereas his Honor, the Lieutenant Governor, hath been pleased, in his answer of yesterday, to a me^jsage of this House, to intimate, that the aforesaid act of this province, of the tenth of William the^'Third, in no wise establishes the Town House, in Bos- ton, as the place for convening, holding and keeping the General Assembly ; expressly declaring, that " tlie words the toivn of Bos- ton, in the writ prescribed in said act, like the words tVitliam the Third, were understood to be mere matters of form." Resolved, As the sense of this House, that4iis Honor's strictures thereon, are not satisfactory or conclusive. The name of the King, is of the substance of the writ ; but the words William the Third, as all other words, descriptive of things, in their own nature change- able, must, in all established forms, be equally changeable them- selves ; and so far, may be considered as mere matter of form, or gratia exempli. Yet, that can by no means be the case, with re- spect to words, descriptive of things in their own nature, fixed and perpetual, as when a certain place is designated. Therefore, resolved, That the determination of this House, to proceed to business, is by no means to be considered, at any time liereafter, as a renunciation of the claim of the House to the legal right of sitting in General Assembly, at its ancient place, the Court House, in Boston. MESSAGE FROM THE LIEUTENANT GOVERKOR, TO THE COUNCIL AND THE HOUSE OF REPRESENTATIVES, APRIL 7, 1770, Gentlemen of the Council, and Gentlemen of the House of Representatives, The Secretary will lay before you several papers, which I have received from one of his Majesty's Justices of the Peace, and divers other persons, inhabitants of the town of Gloucester, and which relate to a very disorderly and riotous transaction in said town. A person appears to have been most inhumanly treated, for seek- ing redress in the course of the law, for former injuries received- MASSACHUSETTS STATE PAPERS. 203 As this information comes to me while the General Court is sit- ting, I have thought it proper to communicate it to the House of Representatives, as well as to his Majesty's Council, that if any act, or order of the whole Legislature, shall be judged necessary, for strengthening or encouraging the executive powers of govern- ment, there ma}' be an opportunity for it. I must observe to you, that a number of persons, of the same town, were prosecuted and fined, at the Superior Court, for the county of Essex, in June last, for injuring the person and property of the present complainant, in a barbaious manner; and if it be truly represented, that the same persons have been concerned in this second oftence, it is a great aggravation of their crime, and a defiance of the laws and authority of government. T. HUTCHINSON. ANSWER OF THE HOUSE OF REPRESEXTATIVES, TO THE FOREGOING, APRIL 23, 1770. May it please your Honor, The House of Representatives. have taken into due consider- ation your message of the 7th instant, with the papers laid before them by the Secretary, agreeable to your direction. We assure your Honor, that we have the utmost abhorrence of all disorderly and riotous transactions. It is the disposition, as well as the duty, of this House, to take the most effectual measures to discountenance tliieni; and to strengthen and encourage the ex- ecutive officers in the exercise of all their lawful powers of gov- ernment. Nothing, therefore, shall be wanting on our part, for the promoting of these purposes, whenever any further steps shall ap- pear to us to be necessary. At present, it is the opinion of the House, that the laws now in being, duly executed, would be fully sufficient ; and, to add to the severity of the provision made by them, without an apparent and very urgent jiecessity, might put into the hands of the civil magistrate, a power that would be dan- gerous to the rights and liberties of the people. When complaints are made of riots and tumults, it is the wis- dom of government, and it becomes the Representatives of the peo- ple, especially, to inquire into the real causes of them. If they arise from oppression, as is frequently the case, a thorough redress of grievances will remove the cause, and, probably, put an end to the complaint. It may justly be said, of the people of this province, that they seldom, if ever, have assembled in a tumultuous manner, unless they have been oppressed. It cannot be expected, that a people, accustomed to the freedom of the English constitution, 204 MASSACHUSETTS STATE PAPERS. will be patient, while they are under the hand of tyranny and arbitrary power. They will discover their resentment in a manner, which will naturally displease their oppressors ; and, in such a case, the severest laws, and the most rigorous execution, will be to little purpose. The most effectual method to restore tranquillity, would be to remove their burthens, and to punish all those who have been the procurers of their oppression. Your Honor, in your message, has pointed us to an instance, which yon are pleased to call '' a very disorderly and riotous transaction, in the town of Gloucester :" but, we cannot think it consistent with the justice of this House, to come into measures, which may imply a censure upon individuals, much less upon a community hitherto unimpeached in point of good order ; or even to form any judgment upon the matter, until more light shall ap- pear, than the papers, accompanying your message, afford. The House cannot easily conceive, what sliould determine your Honor so particularly to recommend this instance to the consideration of the Assembly, while others of a much more heinous nature, and dangerous tendency, have passed altogether unnoticed in your message. Your having received the information, while the Gen- eral Court is sitting, cannot alter its nature and importance, or render it more or less necessary to be considered by the Legisla- ture. The instance, admitting it to be truly represented, in all its aggravating circumstances, certainly cannot be more threatening to government, than those enormities which have been notoriously committed by the soldiery of late ; and, in many instances, have strangely escaped punishment, though repeated more than a second time, and in defiance of the laws and authority of government. A military force, if posted among the people, without their ex- press consent, is itself one of the greatest grievances, and threatens the total subversion of a free constitution ; much more, if designed to execute a system of corrupt and arbitrary power, and even to exterminate the liberties of the country. The bill of rights, passed immediately after the revolution, expressly declares, that " tlie raising and keeping a standing army within the kingdom, in a time of peace, without the consent of Parliament, is against law." And we take this occasion to say. with freedom, that the raising and keeping a standing army within this province, in a time of peace, without the consent of the General Assembly, is equally against law. Yet we have seen a standing army procured, posted and kept within this province, in a time of profound peace, not onlv without the consent of the people, but against the remonstrance of both Houses of Assembly. Such a standing army must be designed to subjugate the people to arbitrary measures. It is a most violent infraction of their natural and constitutional rights. It is an un-r lawful assembly, of all others the most dangerous and alarming; and every instance of its actually restraining the liberty of any individual, is a crime, which infinitely exceeds what the law in- MASSACHUSETTS STATE PAPERS. 205 tends by a riot. Surely then, your Honor cannot think this House can descend to the consideration of matters, comparatively trifling, while the capital of the province has so lately been in a state of actual imprisonment, and the government itself is under duress. The fatal effects, which will forever attend the keeping a stand- ing army vvitliin a civil government, have been severely felt in tliis province. They landed in a hostile manner, and with all the ensigns of triumph ; and your Honor must well remember, that they early invested the Manufactory House, in Boston ; a capa- cious building, occupied by a number of families, whom they besieged and imprisoned. The extraordinaiy endeavors of the Chief Justice of the province, to procure the admission of troops into that house, in a manner plainly against law, will not easily be erased from the minds of this people. Surely your Honor could not be so fond of military establishments, as willingly to interpose in a matter which might possibly come before you as a judge. To what else can such astonishing conduct be imputed, unless to a sudden surprize, and the terror of military power in the Chief Jus- tice of the province, which evidently appeared to have also arresteil the inferior magistrates. We shall not enlarge on the multiplied outrages committed by this unlawful assembly; in frequently assaulting his Majesty's peaceable and loyal subjects; in beating and wounding the magis- trate, when in the execution of his office; in rescuing prisoners out of the h;.' Js of justice; and finally, in perpetrating the most horrid slaughter of a number of inhabitants,* but a few days before the sitting of this Assembly, which your Honor must undoubtedly have heard of. But not the least notice of these outrageous of- fences has been taken ; nor can we find the most distant hint of the late inhuman and barbarous action, either in your speech, at the opening of the session, or even in this message to both Houses. These violences, so frequently committed, added to the most rigorous and oppressive prosecutions, carried on by the Crown against the subjects, grounded upon unconstitutional acts ; and in the Court of Admiralty, uncontroled by the Courts varrant this, we are sure you could not say it with safety: and we leave it with your Honor to determine, how far it is reconcile- able with delicacy^ to suggest it. In what particulars, the holding the General Court at Cambridge, is injurious to us and the pro- vince, has already been declared by the House, and must be too obvious to escape your Honor's observation. Yet you are pleased to tell us, that " the inconveniencies can easily be removed, or, are so inconsiderable, that a very small public benefit will out- weigh them." That they are not inconsiderable, every day's ex- perience convinces us ; nor are our constituents insensible of them. But how they can be easily removed, we cannot conceive, unless by removing the Court to Boston. Can tbe public oflices and re- cords, to which we are imder the necessity of recurring, almost every hour, with any safety or convenience to the public, be re- moved to Cambridge ^ Will our constituents consent to be at the expense of erecting a proper house at Cambridge, for accommo- dating the General Court, especially, when they have no assurance that the next freak of a capricious Minister will not remove the MASSACHUSETTS STATE PAPERS. 245 Court to some other place ? Is it possible to have that communi- cation with our constituents, or to be benefitted by the reasonings of the people without doors here, as at Boston ? We cannot but flatter ourselves, tliat every judicious and impartial person will allow, that the holding the General Court at Cambridge, is incon- venient and hurtful to the province ; nor has your Honor ever yet attempted to show a single instance, in which the province can be benefitted by it ; no good pui-pose, which can be answered by it, has ever yet been suggested by any one to this House. And we have the utmost confidence, that our most gracious Sovereign has no desire to hold the General Court at any place inconvenient to its Members, or injurious to the province ; but rather, that he will frown upon those, who have procured its removal to such a place, or persist in holding it there. We are not indeed sure, that the Ministry caused the Assembly to be removed to Cambridge, in order to worry them into a com- pliance with any arbitrary mandate to the ruin of our own, or our constituents liberties ; but we know, that the General Assem- bly has in times past, been treated with such indignity and abuse, by the servants of the Crown, and a wicked Ministry may attempt it again. Your Honor observes, that " the same exception may be made to the use of every other part of the prerogative, for every part is capable of abuse." We shall never except to the proper use of the prerogative — we hold it sacred as the liberty of the subject. But every abuse of it will always be excepted to, so long as the love of liberty, or any public virtue, remains. And whenever any other part of the prerogative shall be abused, the House will not fail to judge for themselves, of the grievance, nor to exert every power with which the constitution hath entrusted them, to check the abuse of it, and redress the grievance. The House had expressed to your Honor their apprehension of a fixed design, either to change the seat of government, or to har- ass us, in order to bring us into a compliance with some arbitrary mandate. Your Honor says, you know of no fixed design to har- ass us, &c. Upon which, we cannot but observe, that if you did not know of a fixed design to change the seat of government, you would not have omitted so fair an opportunity to satisfy the minds of the House in a matter of such importance to the province. As to your very condescending and liberal professions, of exercising patience or using despatch, as would be most agreeable to us, we shall be very much obliged to your Honor, for the exercise of those virtues, whenever you shall see cause to remove us to our ancient and established seat ; but these professions can be no temptations to us, to give up our privileges. Your Honor is pleased to say, *' we consider the charter as a compact between the Crown and the people of this province." And to ask a question, " shall one party to the compact be held, 246 MASSACHUSETTS STATE PAPERS. and not the other ?" It is true, we consider the charter as such a compact, and agree that both parties are held. The Crown cove- nants, that a great and General Court shall be held every last Wednesday in May, forever ; the Crown, therefore, doubtless is bound by this covenant. But we utterly deny, that the people have covenanted to grant money, or to do business, at least any ether business, than choosing Officers and Counsellors to complete the General Court, on the last Wednesday in May, or any other day or year whatever ; therefore, this House, by refusing to do business, do not deprive the Crown of the exercise of the preroga- tive, nor fail of performing their part of the compact. Your Honor would, doubtless, have been culpable, had you re- fused to call a General Court on the last Wednesday in May ; and the House might have been equally culpable, if they had refused to choose a Speaker and a Clerk, or to elect Counsellors, whereby to complete the General Court ; for, in case of omission in either part, a question might arise, whether the people would have a le- gislative. When the General Assembly is thus formed, they are empowered by the charter to make, ordain, and establish all man- ner of wholesome and reasonable orders, laws, statutes, or ordi- nances, directions and instructions, either with penalties or with- out. But the charter no where obliges the General Court to make any orders, laws, statutes, or ordinances, unless they, at that time, judge it conducive to the public good to make them ; much less does it oblige them to make any laws, &c. in any particular session, year, or number of years, whenever they themselves shall judge them not to be for the public good. Such an obligation would not leave them the least color of freedom, but reduce them to a mere machine ; to the state the Parliament would have been in, if the opinion of the two Chief Justices and the three Puisne Judges had prevailed, in the reign of Richard the Second, " that the King had the governance of Parliaments, and may appoint what shall be first handled, and so gradually what next, in all matters to be treated of in Parliament, even to the end of the Parliament ; and if any persons shall act contrary to the King's pleasure made known therein, they are to be punished as traitors ;" for which opinion, those five Judges had judgment, as in case of high treason. Your Honor will allow us to ask, whether the doctrine contained in your question, viz. : " if you should refuse to do business now you are met, would you not deprive the Crown of the exercise of the prerogative, and fail of performing your part of the compact.*"* "which implies a strong affirmation, is not in a degree the very doc- trine of Chief Justice Tresilian, and the four other Judges, just now mentioned ? By convening, in obedience to his Majesty's writ, tested by your Honor, and again, at the time to which we are prorogued, we fully have submitted to the prerogative, and per- formed our part of the compact. This House has the same inherent rights in this province, as the MASSACHUSETTS STATE PAPERS. 247 * House of Commons has in Great Britain. It is our duty to pro- cure a redress of grievances ; and we may constitutionally refuse to grant our constituents money to the Crown, or to do any other act of government, at any given time, that is not affixed by charter, to a certain day, until the grievances of the people are redressed. We do not pretend that our opinion is to prevail against his Ma- jesty's opinion ; we never shall attempt to adjourn, or prorogue, or dissolve the General Court; but, we do hope, that our opinion- shall prevail against any opinion whatever, of the proper time, to make laws and to do business. And by exerting this power which the constitution has given us, we hope to convince your Honor and the Ministry, of the necessity of removing the Court to Boston. All judicious men will allow, that the proper time for the House to do their part of the business of the province, is for the House to judge of and determine. The House think it is not, in the pre- sent circumstances of the province, a proper time to do the busi- ness, while the Court is constrained to hold their session out of Boston. Your Honor is of a different opinion. We have con- formed to this opinion, as far as the constitution requires us, and now our right of judging commences. If your Honor's, or even his Majesty's opinion, concerning this point, is to prevail against the opinion of the House, why may not the Crown, according to the Tresilian doctrine, as well prescribe and require what business v/e shall do, and in what order. The House are still ready to answer for the ill consequences which can be justly attributed to them ; nor are they sensible of any danger, from exerting the power which the charter has given them, of doing their part of the business in their own time. That the province has enemies, who are continually defaming it and theii^ charter, is certain ; that there are persons who are endeavoring to intimidate the province, from asserting and vindicating their just rights and liberties, by insinuations of danger to the constitution, is also indisputable. But no instance happened, even in the exe- crable reign of the worst of the Stuart race, of a forfeiture of a charter, because any one branch of a legislative, or even because the whole government under that charter, refused to do business, at a particular time, under grievous circumstances of ignominy, disgrace, and insult ; and when their charter had explicitly given to that government the sole power of judging of the proper season and occasion of doing business. We are obliged, at this time, to struggle with all the powers with which the constitution has fur- nished us, in defence of our rights ; to prevent the most valuable of our liberties from being wrestetl from us, by the subtle machi- nations and daring encroachments of wicked Ministers. We have seen, of late, innumerable encroachments on our charter : Courts of Admiralty, extended from the high seas, where, by the compact in the charter, they are confined, to numberless important causes upon land ; multitudes of civil officers, the appointment of all \vhich, is, by charter, confined to the Governor and Council, sent 248 MASSACHUSETTS STATE PAPERS. here from abroad by the Ministry; a revenue, not granted by us, but torn from us ; armies stationed here without our consent ; and the streets of our metropolis crimsoned with the blood of our fellow- subjects. These, and other grievances and cruelties, too many to be here enumerated, and too melancholy to be much longer borne by this injured people, we have seen brought upon us, by the de- vices of Ministers of State; we have seen and heard of late, instructions to Governors, which threaten to destro}' all the remain- ing privileges of our charter. In June, 1768, the House, by an instruction, were ordered to rescind an excellent resolution of a former House, on pain of dissolution ; they refused to comply with so impudent a mandate, and were dissolved ; and the Governor, though repeatedly requested, and although the exigencies of the province demanded a General Assembly, refused to call a new one, until the following May. In the last year, the General Court was forced to give way to regular troops, illegally quartered in the town of Boston, in consequence of instructions to Crown Officers ; and whose main guard was most daringly and insultingly placed at the door of the State House ; and afterwards they were constrained to hold their session at Cambridge ; the present year, the Assem- bly is summoned to meet, and is still continued there in a kind of duress, without any reason, that can be given — any motive whatever, that is not as great an insult to them and breach of tlieir privilege, as any of tlie foregoing. Are these things consistent with the freedom of the House ; or, could the General Court's tamely submitting to such usage, be thought to promote his Ma- jesty's service ? Should these struggles of the House prove un- fortunate and ineftectual, this province will submit, with pious resignation, to the will of Providence ; but it will be a kind of suicide, of which we have the utmost horror, thus to be the instru- ments of our own servitude. We beg leave, before we conclude, to make one remark on what you say, that " our compliance can be of no benefit to our Sove- reign, any further, than as he interests himself in tlie happiness of his subjects." We are apprehensive that the world may take this for an insin- uation very much to our dishonor, as if the benefit of our Sove- reign is a motive in our minds against a compliance. But as this imputation would be extremely unjust, so we hope, it was not in- tended by your Honor. We are obliged, however, in justice to ourselves and constituents, to declare, that, if we had reason to believe that a compliance would be any, the least benefit to our Sovereign, it would be a very powerful argument with us ; but, we are, on the contrary, fully persuaded, that a compliance, at present, would be very injurious and detrimental to his Majesty's service. [The committee who prepared the above, were, Mr. Hancock, Maj. Hawley, Mr, S. Adams, Mr. J. Adams, Capt. Denny, and Maj. Gallison.] MASSACHUSETTS STATE PAPERS. 249 MESSAGE FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF llEPRESENTATlVBS, AUGUST 3, 1770. Gentlemen of the House of Representatives, You have sent me a message, in which you profess to make a few observations upon some " specious" things contained in my speecli to the Council and House, which, you say, may have a ten- dency to make an unhappy impression upon some minds. I shall make some general remarks upon your message, not from any expectation of prevailing with you, at this time, to alter resolutions which you have conie into, but from a desire to con- vince the good people you represent, that your reasons for re- fusing to proceed to business, are very insufficient. You make a doubt, whether it is, or ever was, his Majesty's pleasure, that the Court should meet at Cambridge. I have no doubt of it. You give this reason for your doubt, that my orders are not communicated to you. I know it to be his Majesty's pleasure, that I should not communicate them ; and the restraint I am under, appears to me to be founjded in wise reasons. Yoa speak of times, when there has been a corrupt and profligate ad- ministration — of daring encroachnients of wicked Ministers — of devices of Ministers of State ; and you suppose instructions to Governors, to be acts of Ministers, and not of the King; particu- larly, you call an instruction in June, 1768, an irnpudent mandate. It may not be presumed you would have done this, had you known it to be an order from his Majesty. I wish, however, that you had spared this coarse and indecent epithet. I cannot help observing to you, that you have no sufficient grounds to suppose instructions to be the acts of the Minister, and not of the King. I know of no ministerial mandate, or instruc- tions. The affairs of America, and of this province in particulai', are become too serious to escape his Majesty's immediate atten- tion ; and your message, which I am now answering, will be laid before his Majesty, immediately upon its being received by his Secretary of State ; who, by virtue of his office, has free access, and who receives the signification of his Majesty's pleasure, and will give no directions, but such as he knows to be agreeable thereto ; and every order from the Secretary of State, must be supposed to come immediately from the Crown, and ought not to be treated with indignity and contempt. The freedom you have used with the characters of the Attorney and Solicitor General, will, I fear, likewise bring dishonor upon you. Those offices, for more than fifty years past, have been filled, in almost every instance, with persons of the highest respectabil- 250 MASSACHUSETTS STATE PAPERS. ity for learning and integrity, and many of them have been ad- vanced to the first stations in the courts of law and equity, which are, and have been, for years )5ast, the ornament and glory of the English nation. Although you do not think the opinion of the Attorney and Solicitor General, in the case in dispute between us, nor the confirmation of such opinion by the King, in Council, to be any authority for you, yet I must govern myself thereby, un- til I have better reasons against it, than any you have given in your message. Your quotation from Mr. Locke, detached as it is from the rest of the treatise, cannot be applied to your case. I know of no at- tempts to enslave or destroy you ; and, as you very prudently would not be understood to suggest that this people have occasion, at present, to proceed to such extremities as to appeal to heaven, I am at a loss to conceive for what good purpose you adduce it. You find nothing in your records, which does not agree with what I have said, of the proceedings of the House, at Salem, in Governor Burnet's administration, nor did I cite the instance for any other purpose, tiian to show, that they were very careful to avoid a resolution, which you, as I think, too suddenly came into ; nor does my speaking respectfully of the Council of that day. les- sen the Council of the present day, who, although they have dis- covered a desire in their messages to me, that the Court should be removed to Boston, yet, they declare, that they never refused to do business at Cambridge, and I have now no doubt, that if you had done your part of the public business, they would have joined and done their part also. From the appointment of a committee by the House, in 1754, to consider of a proper place to build another Court House, you infer, that the House was to have a voice in determining the place where the Court should meet. You are very sensible, that a vote, for building a Court House, which incurs expense upon the people, must, by the constitution, originate with the House of Representa- tives. If one, or divers other Court Houses, besides that in Boston, had been built, the Governor's right to call the Court to which he pleased, or to any other place, remained inviolate ; the votes of the Representatives, for building a Court House, notwithstanding. You then proceed to call in question my obligation, or right, to observe my instructions. And you say, that by a royal grant in the charter, in favor of the Commons of the province, the Governor has the sole power of adjourning, proroguing, and dissolving the General Court ; and you think it discovers the wisdom of the grant, because a person residing in the province, is a more competent judge of the fitness of the time and place of holding the Court, than any person residing in Great Britain, and a grant thus made in favor of the people, cannot be superseded by instructions, with- out vacating the charter by the breath of a Minister of State. Your making use of the Avord sole, instead of full j the word in MASSACHUSETTS STATE PAPERS. 251 the charter, must proceed from inattention. I must observe to you, that many cases may happen, to make it necessary to alter the place of holding the Court, which a person in Great Britain may as well judge of, as one who is upon the spot, and, perhaps, the present case is such an one. But, where you find that the power of adjourning, proroguing, and dissolving the Court, was granted to the Governor in favor of the Commons, 1 am utterly at a loss. The charter is, undoubtedly, a royal grant, in favor to the people of the province, of every order. They were at the time of the grant, living in the colony, under a form of government, wliich would not admit of an adjournment, prorogation, or dissolution of the Gene^ ral Court, without the act or consent of the Council and Repre- sentatives. They were soliciting, by their agents, a confirmation of their privileges. The King determines, that, for the future, the Governor should have the full, or sole power, if you choose it, of adjourning, proroguing, and dissolving the General Court. Is it not very extraordinary, that the Representatives should now as- sert, that depriving them of a share in this power, and confining it to the Governor alone, was a grant in favor of the Commons ? The Governor, under the old form, had no negative in any case; but now, no acts of Council or Assembly are valid, to which he denies his consent. May it not, with equal reason, be said, that this power was also reserved to the Governor in favor of the Commons ? It is very certain, that unless it be so, there will be no supporting the doctrine, that the Crown has divested itself of its right of control- ing the Governor. You are sensible that this can hardly be supported, for you allow that, in some cases, instructions may be binding, and you do not seem very averse from admitting that in ordinary cases, notwith- standing this singular grant in favor of the Commons, that the Com- mander in Chief ought to obey instructions respecting the conven- ing and holding the Court, but you are clear that, when they can- not be complied with, without injuring the people, they cease to be binding, otherwise the Representative of a King, who can do no wrong, by means of instructions, may obtain a right to do wrong. I am not contending, gentlemen, for a right to do wrong, and I am very willing to understand the maxim, that the King can do no wrong, in the commonly received sense of it, that his servants alone shall be punished for the wrong they do, and not avail them- selves of a royal order, or instruction, for th^ir justification ; and if I was convinced, that removing the Court from Boston, was an en- croachment upon your natural or constitutional rights, I would not urge my commission or instructions, to justify the doing it; but I must make my own reason and judgment my rule, and not yours ; and until I am convinced of the encroachment, must con- form to my instructions. You think I ought not to have deemed the inconveniencies of your sittiog out of Boston, inconsiderable ; or, that they can easily 252 MASSACHUSISTTS STATE PAPERS. be removed; and you ask me, if the public offices and records can, with safety or convenience, be removed to Cambridg?, ? I think the expense of one or two days wages of the Members, would have removed all that are necessary, to Cambridge, and kept them there with safety and convenience, the whole session ; and, if we may judge from the sessions at Concord, you would do your busi- ness with so much greater despatch at Cambridge, than at Boston, as to shorten the session more than two days. You ask, whether I think your constituents would be at the expense of building a Court House at Cambridge ? I am not certain, what their present disposition is, but I know there is no necessity for it; you have the use of a very commodious room, without any inconvenience to the College, in this time of vacation ; and, if you think the benefit which the students receive by attending your debates, is not equal to what they may gain in their studies, they may easily be restrain- ed, and then your sitting in the College, will be little or no incon- venience at any other time. You add, is it possible to have that communication with our constituents, or to be benefitted by the reasoning of the people without doors, in Cambridge, as at Boston ^ In whatever town the Court shall sit, the Representatives of that town, must have opportunity beyond the rest of the House, for consulting their constituents ; the consulting of a transient person passing through any town, cannot afford any great advantage, nor ought, constitutionally, the opinion of such persons to have any influence upon your votes and determinations ; for, if I have any just idea of a House of Representatives, in the English constitu- tion, you are sent by your constituents, to assemble together, that they may have the benefit of your reasoning within doors, and not the reasoning of any particular town or person, without doors. Because, when I told you I knew of no fixed design to harass you, I did not add, nor to change the seat of government, you de- termine that I am privy to such a design ; but I am not. If there be any such design, I think, your proceeding to business at this time, would have the best tendency of any thing in your power, to cause it to be laid aside. You allow that the charter is a compact, and that both parties are held ; but you say the people never covenanted to grant money, or to do any business, except choosing Officers and Counsellors, to complete the General Court, on any day or year whatsoever. I never said they did. I never had the least dispute with you, ex- cept upon the place of your meeting. The time, there has been no exception to. It has been a matter of indifference to me per- sonally. I have endeavored to find out when it would be most convenient for you, that I might oblige you ; and the business of the Court, I have left to you to arrange and act upon, when, and in what order, you thought proper. In my speech to you, I ask you, if you had refused to meet, or should refuse to do business, now you are met, would you not de* MASSACHUSETTS STATE PAPERS. 253 nrive the Crown of the exercise of the prerogative, and fail of per- forming your part of the compact ? Without the least color for it, you make a forced, unnatural construction of my woriis, and deter- mine that lam directing the several parts of the business you shall do, and the time of doing them, and that I hold the doctrine of Tresilian in degree, " that the King hath the government of Par- liament, and may appoint what shall be first handled, and so grad- ually, what next in all matters to be treated of in Parliament, even to the end of Parliament; and if any person shall act contrary to the King's pleasure, made known therein, they are to be punished as traitors." 1 have ever treated your messages with the utmost fairness. I have passed over, in silence, many passages in them, extremely exceptionable, and, in return, you have wrested my ex- pressiops to a sense, in which no man alive, could suppose, I in- tended them. Had Tresilian advanced no more than I have done, he would never have met with any blame. Had he only asserted, that the King, by virtue of his prerogative, had a right to assem- ble the Parliament, at such time and place, as he thought proper, and that if the Commons should refuse to assemble or to do the necessary business of the kingdom, when they were assembled, they would, upon the principles of the English constitution, fail of performing what was incumbent on them, he would never have been called in question for his doctrine ; and yet this is all I have said to you. I am willing to attribute this injurious treatment to inadvertence in the body of the House, by their passing upon so long and important a message, and which the committee took so many days to prepare, with so little debate after it was reported. After all your objections, you tell me that you did convene, in obedience to his Majesty's writ ; that you met again, at the time to which you stood prorogued ; that you conformed to my opin- ion, so far as the constitution i-equires you ; and now your right of judging commences. Consider, then, how the case now stands. You are held, by the constitution, to convene at a time and place appointed, but you are under no obligations to do any business, except at such times as you think proper ; and, if you do not like the place, you will exercise your right, and determine it is not a proper time. Can any thin^ render the prerogative more futile ? Let me ask you, whether, if your agents, when they were solicit- ing the charter, had been held to say, how far they acknowledged his Majesty's prerogative to convene the Court, at such time and place as he thought proper; and they had replied that they ac- knowledged it with this reserve, that the House of Representatives should be at liberty to refuse to do business, until the Court should be removed to such place as they thought proper, you imagine the charter would have passed the seals ? Neither your more thorough examination of the constitution, nor youy extraordinary zeal for its defence, of which you speak, can alter the original frame and intention. 254 MASSACHUSETTS STATE PAPERS, Your main reserve, if it could be admitted, that whensoever the prerogative shall be exercised in a manner not for the public good, of which you are to be judges, it ceases to be a prerogative, is un- answerable. In all controversies, as soon as one party is allowed to be the sole judge, the knot is cut, and there must be an end of strife. But to this I spoke fully at opening the session. You are still ready "• to answer for all the ill consequences "which can justl}^ be attributed to you." The dangers may be irre- pairable, and it may be out of your power to compensate them. The people will then see what was their real interest ; but they will see it too late. I cannot omit taking notice of a remark, at the close of your message, upon an observation I made, that " your compliance could be no benefit to his Majesty." I had no other intention, than to express my sense, that the people solely can be aftected by your refusal to do business. You had no room to suppose, that I intended by it, to set you in an unfavorable light, as disaffected to his Majesty, and so induced to a non-compliance with his royal pleasure. The remaining parts of your message, having no immediate re- lation to this controversy, but respecting matters which concern the colonies in general, and the authority of the Supreme Legisla- ture, npon which, in language very much the same, the House of Representatives have repeatedly enlarged, which has, from time to time, been transmitted to be laid before his Majesty, I will make no reply to them, for I have no inclination to multiply con- troversies with you ; and those subjects have been so fully dis- cussed, that it is not probable, you or I shall be able to cast any new light upon them. I called you together, that you might further consider what, by the constitution, as appeared to me, it was your duty to do, and to give you an opportunity of doing it. You came, very soon, to a resolution to do no business. If you had stopped there, I should have prorogued you, without much delay ; for I have no intention to compel you to any measure by duress, nor to cause any unnecessary charge upon the people ; but you appointed a committee to answer my speech, which answer I did not receive until the eighth day after the meejting of the Court. I have taken one day only for my reply, and shall now order a further proroga- tion. It will be happy for the province, if, when you again as- semble, you can join with me in what is necessary for its real in- terest. T. HUTCHINSON. [The Court was then prorogued by the Secretary, to Septem- ber 20th, to meet in the College Chapel, in Cambridge. — Some apology, perhaps, is necessary, for giving in this volume, all the speeches and messages of the Lieutenant Governor, and the mes- sages and resolutions, &c. of the House of Representatives, and of MASSACHUSETTS STATE PAPERS. 255 the Council, respecting the convening and holding of the General Court at Cambridge. This has been done in conformity to the advice of the highly respectable personage, who was consulted on the subject, and who approved of this publication ; and the Edi- tor feels a confidence, that the papers relating to this controversy, will be read with interest, by those who wish to know all the pro- ceedings of the patriots of that eventful period. These documents are, likewise, such as were promised in the proposals for this vol- ume, and serve to exhibit the characters and principles of the men, who stood forth in opposition to the arbitrary assumptions of the British Ministry.] SPEECH OF THE LIEUTENANT GOVERNOR TO THE COUNCIL AND HOUSE OF REPRSt SENTAIIVES, SEPTEMBER 27, X770.* Gentlemen of the Council, and Gentlemen of the House of Representatives, It is now become, in several respects, more necessary for the General Court to proceed upon the business of the province, than it was when I met you in your two last sessions. Many of our laws, which have been of great utility, are expired ; some for the punishment of criminal offences ; others which affect the course of our judicial proceedings ; and the people call for the revival of them. There are other affairs depending, of a very interesting nature, which had not then come to our knowledge, and which may be determined, before we can have another opportunity of acting upon them. The Council thought it not advisable for me to pro- rogue the Court to a further time. Their opinion and advice, which always have weight with me, induced me to call you to- gether rather sooner than I had before intended. Pursuant to my instructions, and the established practice, I caused the acts and doings of the General Court, at the session in March last, to be transmitted to England, by the first opportunity. Particular notice has been taken of a grant, made in that session, to a number of persons, who had settled upon lands in the eastern part of the province ; and, it appearing that other persons had also began settlements eastward of Sagadahock, some under color of grants from the General Court, notwithstanding that, by the ex- * A committee had waited on the Lieutenant Governor, to inform him, that a quorum of the House of Representatives had met, and were desirous he would remflve the General Court to its aj^cient and legal seat, the Town House, in Boston. 256 MASSACHUSETTS STATE PAPERS. press terms of the charter, such grants are of no force, validity, or effect, until approved by the Crown ; others, without any color of grant or title whatsoever. Tliese settlements are deemed of great importance in various lights, but in none more so, than in that of the encouragement they have given to the waste and destruction of the King's timber, vt hich is a matter of the most serious con- sideration, in respect of the naval strength of the kingdom. It is made my duty to inform you, that, as the remedy for this great mischief, ought properly, and can only effectually come from the province within whose jurisdiction the lands he, it is expected all trespassers should be prosecuted ; and lam further to inform you, that the neglecting to exert every legal means to remove and pre- vent all unwarrantable intrusions, will be imputed as a default, for which the province will stand responsible. From a sense of my duty to the King, and from regard to the interest of the pro- vince, I must desire you to take this affair into your consideration, and do what is necessary on your part. I will assist and concur with you, to the utmost of my power. Gentlemen of the House of Representatives, In order to conform to the laws of the province, and to maintain the public faith, it was necessary the Treasurer should issue his warrants, for the assessment of the whole province debt, in the current year. If these warrants have not been so far executed as to render any alteration impracticable, and you shall be of opinion, that the burden will be too great for the people to bear, I am wil- ling to consent to an act for affording the necessary relief, by eas- ing the present year of part of this tax, and charging the same sum upon a future year. A state of the treasury will be laid before you, by which it will appear, that a supply will be necessary. Some appropriations are quite exhausted. His Majesty having thought fit to order that the garrison of Castle William, in the pay of the province, sli«uld be withdrawn, and that this fortress should be garrisoned by his Majesty's regu- lar forces, I am prevented from desiring you to make the usual establishment. The last establishment expired the 20th day of June last. I know you did not expect I should then dismiss the officers and men. I must now desire you to continue their pay and subsistence from the expiration of the establishment; and, as they are discharged at a season of the year when it will be difficult for them to find employ, I could wish that the continuance might extend, at least, to the 20th of November, the usual time of mak- ing up the roll. It is no more than justice to the garrison to say, they have behaved well, and have some claim to favor. The establishment for Fort Pownall being also expired, I must recommend to you to provide for the revival and continuance of it. MASSACHUSETTS STATE PAPERS. 257 Gentlemen of the Council, and House of BepresentativeSf As the affairs which lie before you, are of great moment, and deserve your serious and mature deliberation, so they must take up much time. It is therefore more necessary, that you should begin, without delay, and should proceed with all diligence. I wish there may be a good harmony in the Legislature, and that we may unite in such measures as our common interest, and the interest of the province, requires of us* T. HUTCHINSON. MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVERNOR, OCTOBER 4, 1770. May it please ijour Honor, The House of Representatives having taken into considera- tion your epeech to both Houses, at the opening of this session, beg leave to request your Honor to explain a pait of it, which is expressed in such terms, as leave it uncertain in its true intent and meaning. Tiie passage referred to, is that wherein you say, " there are other affairs, of a very interesting natui-e, which had not then come to our knowledge, and which may be determined before we can have an opportunity of acting upon them." No such matters have come to the knowledge of this House ; if they have, been communicated to your Honor from his Majesty, or his Min- isters, we desire you would be pleased to lay them before us, that Me may have a precise understanding of what your Honor intends ; the want of which, prevents our coming at present to any determi- nation on your speech. The House are also very desirous your Honor would inform them, whetlier you have received any late instructions, agreeable to your expectation, expressed in your message to this House, of the first of June last, relating to the continuance of this Assembly out of its ancient, legal, and only convenient place, the Town House, in Boston. 258 RiASSACHUSETTS STATE PAPERS. MESSAGE FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, OCTOBER 4, 1770. Gentlemen of the House of Representatives, I AM not at liberty to make public, or communicate to you, by speech or message, an order of his Majesty in Council, of the 6th of July last, but it appears to me, that in consequence thereof, the state of the province of Massachusetts Bay will, undoubtedly, be recommended to the consideration of Parliament in the approach- ing session. This is the principal matter of moment to which my speech, at the opening of the session of the General Court, had respect. Although I am not at liberty to lay this order before you, yet, I am very ready to give all the information, in my power, to any committee, you may think proper, of the facts and ground up- on which this order is founded, so far as shall consist with my instructions. His Majesty has been pleased to cause to be expressed his en- tire approbation of my summoning the Court to meet at Cam- bridge. I am restrained from removing it to Boston, but I am not confined to the town of Cambridge. I am willing to meet the Court at any town in the province, which shall appear to me to be most for the convenience of the members, and which shall not mil- itate with the spirit of my instructions. T. HUTCHINSON. MESSAGE KROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOV- ERNOR, OCTOBER 13, 1770. May it please your Honor, In your speech to both Houses at the opening of the session, you was pleased to say, that his Majesty had thought fit to order the garrison of Castle William, in the pay of the province, to be withdrawn, and the fortress to be garrisoned by his regular forces. Your Honor must be assured, from a thorough knowledge of this people, that they are inferior to none of his Majesty's subjects, in loyalty and warmth of affection to his Majesty's person, family, and government. We have reason, therefore, to believe, that very false representations have been made of them to our Sovereign, to induce him to pass an order, which implies a total want of confi- dence, and carries in it the evident marks of his royal displeasure. MASSACHUSETTS STATE PAPERS. 259 If you are knowing to any such representations, we have a riglit to expect that you will communicate them to us; and thereby give us the opportunity of taking the most eft'ectual measures, to clear up our own and our constituents innocence, and recover his Ma- jesty's favor. This request must appear to your Honor so rea- sonable in itself, and so important to us, that it cannot be denied ; for it is repugnant to the common principles of natural justice, tliat we should remain under such injurious representations, with- out being made acquainted with the crimes that arc alleged against us. By the royal charter, it is expressly granted, established, and ordained, that the Governor of the province, for the time being. *' shall have full power, from time to time, to erect forts, and to fortify any place or places within the province, and the same to furnish with all necessary ammunition, provision, and stores of "war, for oftonce or defence, and to commit, from time to time, the custody and government of the same, to such person or persons, as to him shall seem meet." We beg your Honor would be pleas- ed to inform us, whether you still hold the command of that im- portant fortress .^ You tell us, in your speech, that you are pre- vented from desiring us to make the usual establishment; from hence, Ave have grounds to apprehend, that the power, vested in you by the charter, is superseded by instruction. If the custody and government of that fortress, is now lodged with the military power, independent of the supreme civil magistrate, within this jurisdiction, it is so essential an alteration of the constitution, as must justly alarm a free people. We cannot, therefore, but be very earnestly solicitous of being clearly and explicitly made ac- quainted with the full import of the aforementioned order, as well as the grounds and facts upon which it is founded. [The committee who reported the above, were, Mr. Hancock, Gen. Prebbie, Col. Gerrish, and Capt. Farley.] MESSAGE FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, OCTOBER 16, 1770, Gentlemen of the House of Representatives, I AM not privy to any false representations, which might in- duce his Majesty's order, to which you refer, in your message to me, and which, you suppose, to imply a total want of confidence, and to carry in it evident marks of the royal displeasure. I am. nevertheless, ready to do every thing in my power, to enable you 260 MASSACHUSETTS STATE PAPERS. to take the most effectual measures to clear up your own, and your constituents innocence, and to recover his Majesty's favor. It is my duty to acquaint his Majesty's principal Secretary of State for America, with all such public transactions, as are worthy of his Majesty's notice. In the beginning of May last, I enclosed a copy of the answer of the House of Representatives to my mes- sage, of the 7th of April preceding. I did it without any com- ment, as I promised I would do. Soon after, I forwarded a printed paper, containing the instructions, of the town of Boston, to their Representatives. Tliat message, and those instructions, without any other representation, I have sufficient reason to believe, were the immediate occasion of his Majesty's orders tome, to withdraw from the Castle the garrison, in the pay of the province, and to place there, a garrison of his Majesty's regular forces. You recite in your message, which I am now answering, a para- graph of the charter, with which I am well acquainted, and which I kept in my mind during the whole transaction, relative to the exchajige of the garrison, at his Majesty's Castle 5 and you then ask me, whether I still hold the command of that important for- tress ? And, because I am prevented from desiring you to make the usual establishment, you infer, that you have grounds to ap- prehend, that the power vested in me, by charter, is superseded by instruction. This expression is somewhat equivocal. If you mean no more, than that I have been instructed by his Majesty, how to use that military authority, which is given me, by charter, and by the royal commission, your inference is right, and such in- structions I shall always observe ; but, if you intend that, by with- drawing a garrison from his Majesty's Castle, which was paid by the province, and placing a garrison there, to be paid by the King, in pursuance of instructions, received from him, I have divested myself of the right given me, over this, in common with other forts in the province, you have no grounds for your inference. I have not, in this instance, given up any part of your charter rights. I never intend to do it in any other instance. On the other hand, you niay expect, that I will preserve every part of the King's pre- rogative. I will take this occasion, to observe to you, that, as the ammu- nition and stores of war, lodged in the Castle, for his Majesty's service, were purchased and intended for the general defence of the province, as well as for the use of that particular fortress, I think it necessary, either to continue the person, who had the im- mediate charge of those stores, or appoint some other person store- keeper, to issue all stores, by my warrants or order, and to be accountable to me. I must, also, retain another of the officers of the former garrison, to receive all passes for outward bound ves- sels, and to make weekly return, to me, of all vessels, both out- ward and inward bound. This is so necessary a provision, for preventing the breach of the acts of trade, that I dare not, upon MASSACHUSETTS STATE PAPBUS. 261 any consideration, omit it. I must, therefore, recommend to you, to make a proper estiiblishment of these two oilicers, until I may have opportunity of receiving a further significatiozi of his Majes- ty's pleasure, concerning this garrison. T. HUTCHINSON MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVER- NOR, OCTOBER 23, 1770. May it please your Honor, In our message to your Honor, of the 13th instant, we desired you Mould be pleased to inform the House whether you still held the command of Castle William. In ansvi^er to Avhich you say, that, in withdravi'ing a garrison from his Majesty's Castle, which was paid by the province, and placing a garrison there, to be paid by the King, in pursuance of instructions from him, you have not given up any part of our charter rights. This answer appears to the House to be somewhat equivocal. For your Honor may possibly differ with the House, in your con- struction of the clause in the charter, which we have recited. By this clause, the Governor of the province is undoubtedly vested with the command of that fortress. Your Honor may have been instructed to transfer that command to his Majesty's chief military officer in America, or any other person. If that be the case, the power, which is vested in you, by the charter, is superseded by instructions. A doubt in the House, respecting a matter of so very interesting a nature to the province, is the occasion of this repeated message to your Honor, to request that you would, in an explicit manner, assure us, whether you still hold the command of his Majesty's Castle William. [The committee which prepared this message, were, Mr. S. Ad- ams, Mr. J. Adams, Col. Warren, Mr. Hancock, and Col. Pres- cott.] 262 MASrSACHUSETTS STATE PAPERS. MESSAGE FROM THE LIEUTENANT GOVERNOR '1 THE HOUSE OF REPRESENTATIVES, OCTOBER 23, 1770. Gentlemen of the House of Rppresentatives, In my answer to your message, of the ISth instant, I have told 3'ou, that, by withdrawing tlie garrison from Castle William, which was paid by the province, and placing a garrison there, to be paid by the King, in pursuance of instructions, received from him, you had no grounds to infer, that I have divested myself of the right given me, by charter, over this fort, in common with the other forts in the province. I had no latent meaning in this, nor any other expression, in my answer. I intended it should convey this idea, that I was not, by the exchange of the garrison, divested of the right, and, conse- quently, that I still retain it, for it has never been suggested, that 1 have parted with it in any other way, nor do I know of any color for such suggestion. I know ot no ambiguity, in that clause of .the charter, which yo« have recited in your first message to me. I shall be sorry, if the House shall put any construction upon it, different from what appears to me to be the plain sense of the words ; but, 1 must govern myself by my own understanding, and choose to avoid any altercation concerning it. The authority given me over the Castle, by his Majesty's com- mission, I have exercised, and continue to exercise, without any infringement of the rights of the people, by charter, or otherwise, and without any extension of the prerogative of the Crown be- yond its just limits ; and, I doubt not, I shall be able to vindicate my conduct, if ever I shall be called to account for it. T. HUTCHINSON. MESSAGE FROM THE COUNCIL TO THE LIEUTENANT GOVERNOR, OCTOBER 2S, 1770. May it f)lease your Honor, Your Honor having been pleased to make known to the Board, some part of a letter from the Earl of Hillsborough, and also the report of a committee of the Lords of Council, with his Majesty's order in Council, thereon — which report and order, greatly affecting the character of the Council of this province, and ra\y, in their consequences, affect our charter right; we pray your MASSACHUSETTS STATE TAPERS. S63 Honor to lay before this Board, an authentic copy of the said report and oider, and so much of the said letter, as may concern either the Council or the province, that the Board may know the reasons on which they are grounded, and take such measures as shall be judged most advisable, to vindicate the character of the Council, and prevent any infringements on the charter rights of the province. [The committee who waited on the Lieutenant Governor with the above message, reported verbally from his Honor, " that, by his instructions, he was strictly forbidden to give a copy of said letter, report, or order, or even to mention them, by speech or mes-^age, to either House." — It may be proper to observe here, that the aforesaid " report and order" were, in consequence of a deposition of A. Oliver, Escj. the Secretary, taken by request of Lieutenant Governor Hutchinson, and by him, with other papers, forwarded to England, to be laid before the Ministry ; which depo- sition states what was done by the Council, on the 6th of March, 1770, specially convened by the Lieutenant Governor, on account of the massacre of the 5th, when some of the British regular troops, then stationed in Boston, fired upon the citizens, and killed and wounded eleven of them. The deposition of the Secretary states, that the Council advised the Lieutenant Governor to order the troops to the barracks, at the Castle, as otherwise they would be destroyed ; that the commissioners also must remove from Bos- ton, where their persons were not safe ; and that a plan had been formed by the people very generally, including men of property and influence, in the province, to have the troops and commission- ers removed immediately. The deposition was so worded, as to bear the construction, and that perhaps most naturally, that such a plan was formed previously to the massacre ; whereas, the opinion of the Council really was, that the people were greatly exaspe- rated, by the murder of their fellow citizens, and would not rest easy till the troops were removed from Boston to the Castle, or withdrawn wholly from the province. The deposition further states, that the minutes taken by the Secretary, of the doings and advice of Council, on the 6th, were by them, on the 7th, ordered to be altered ; because, though what took place was therein stated truly, yet, tiiey were desirous it should be so expressed, as to be more favorable to them : the Secretary thus insinuatins;, that they were unwilling to have all they did and advised, appear precisely as it was ; but would have it receive a coloring which would still show their loyalty. And accordingly, in his said deposition, he recited the minutes, as taken the 6th, and then gave the same proceedings, as amended by the Council, on the 7th. The follow- ing report of the Council, on this subject, will give a correct viev/ of the affair.l 264 MASSACHUSETTS STATE PAPERS. REPOKT OF A COMMITTEE OV COUNCIL, MADE TO THE BOARD, OCTOBER 24, 1770, RE- SPECTING THE REPRESENTATION MADE BY SECRETARY OLIVER OF THEIR CONDUCT, MARCH SIXTH AND SEVENTH, 1770 ; AND BY THE BOARD UNANI MOUSLY ACCEPTED, The committee having cDiisidcrecl the petition of Secretary Andrew Oliver, and his affidavit, concerning the proceedings at the Council, on the 6th and 7th of March last, annexed to a pamphlet published in London, take occasion to make a few observations upon them. With regard to the said afl&davit, several things are observable from it. 1st. That what is there declared to be said by Mr. Tyler,* in Council, is expressed in such a manner as to be generally under- stood to represent, that, antecedent to the unhappy affair of the 5th of March last, there had been a plan formed, by people of the best characters among us, to remove the troops out of the town of Boston ; and after that, the commissioners. 2d. That divers gentlemen of the Council adopted what had been so said. 3d. That the Secretary had, in his draft, expressed what had been said in debate, at Council, in the terms in said affidavit re- cited ; 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 ametidment, which was substituted." As to the first article, the plan therein mentioned, was, accord- ing to the affidavit, or deposition of the Secretary, intended to ef- fect the removal of the troops, and the removal of the commission- ers. With regard to the removal of the troops, Mr. Tyler, who mentioned the said plan in Council, on the 6th of March last, de- clares, that he had uttered nothing in said Council, purporting that any plan had been formed to remove the troops, previously 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 shock- ing scene on the evening of the 5th of March ; and that he then meant to be understood, that the disposition of the people to re- move the troops, was occasioned by the killing and wounding ot divers inhabitants of thetown, and by the people's apprehensions that the troops still had an unfriendly design against them. Mr. Erving, Mr. Pitts, and Mr. Dexter,t declare, that they cannot re- collect, neither do they believe, that any thing was said in Coun- cil by Mr. Tyler, purporting that any plan had been formed to re- ' ,R, Tyler, one of tlxe Council. t Membtrs of the Council. MASSACHUSETTS STATE PAPERS. 265 move the troops, previously to their firing on the inhabitants; but, that they understood him to mean, that the people were excited to such a measure, by the killing and wounding some of the inhabit- ants of the town, on the evening immediately preceding. Mr. Danforth, and other gentlemen of the Board, then present in Council, have made, in substance, the same declaration. Mr. Cotton, the Secretary's deputy, and his assistant, Mr. Skinner, declared, that, when Mr. Tyler mentioned the plan aforesaid, they did not apprehend him to mean a plan, concerted before the 6th of March, and the Secretary,, himself, has lately declared, be- fore the Board, that he did not conceive Mr. Tyler to mean such a precoacerted plan ; and that he never believed any such plan had been formed. All v/hich 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. AVith regard to a plan to remove the commissioners, Mr. Cot- ton declares, he heard Mr. Tyler say, that there was a plan to remove the troops from the town ; and, that they would not stop there, but would remove the commissioners also. F. Skinner* declares, in substance, the same ; as does also Capt. Caldwell.* The two first, however, say, that they did not apprehend Mr. Ty- ler meant a plan concerted before the 6th of March. With re- gard to this, Capt. Caldwell is not explicit. Lieut. Col. Dalrymple* said nothing in his deposition, concern- ing the commissioners ; but, afterwards, being asked whether he remembered that Mr. Tyler said, a part of the plan was to remove the commissioners out of Boston .^ he answered, that something of the kind was said by some one of the Council, during the debates, but he could not say, that it was Mr. Tyler. This is the whole of what is declared on the positive side, rela- tive to the commissioners. Two of these declarants, viz. : Messrs. 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 tlie Council, till four o'clock in the afternoon of the 6th of March, and, therefore, cannot judge of what passed in Council, so well as those who attended both parts of the day; did not recollect, when he gave his deposition, that any thing had been said concerning the commissioners ; and his answer, when afterwards asked, shfews, he had only a general remembrance of something said about the commissioners. It is very probable, that what passed between the Lieutenant Governor and several of the Council, relative to the protection of the commissioners, as hereafter mentioned, was the thing which lay on his mind. * Skinner was a Clerk to the Secretary. — CaldweU and Dalr>miple, British Officersj called before the Governor and Council, to give theij- testimony. 34 266 MASSACHUSETTS STATE PAPERS. It is not doubted, that these declarants understood Mr. Tyler, in the sense they have stated ; but, it is very pr(»bable, they might misapprehend him. Tt appears, by the deposition of Mr. Gray,* and others, that the Lieutenant Governor asked the Board, what protection 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 esti- mation in which they are held by people in general, not only here, but through the continent ; and, this being 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 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, on the most serious recollection, declares, on oath, that the assertion, that he said, " there was a plan formed to remove the commis- sioners, 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 tiring on the in- habitants of Boston ; or, at any time whatever, to remove the commissioners, ever was formed, or forming by the people, or any number of persons whatever. He further declares, that, on the Lieutenant Governor's asking, in the Council, what will become of the commissioners, if the troops are removed, several of the gen- tlemen gave it as their opinion, that they would be safe, and 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, when the Lieutenant Governor asked 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 violence, when the troops could so easily be recalled, for their protection." He further declares, '' that one gentleman, at the Board, immediately second- ed him. and assured his Honor of their safety; and added, that he would pawn his life, they would receive no injury." Mr. Danforth declares, he well remembers, that divers of the Council then declared, that, in their opinion, the commissioners might continue in town, in all safety, after the troops were re- moved ; and, that no one of the Council present, discovered an opinion diverse therefrom. * Member of tlie Council. MASSACHUSETTS STATE PAPERS. 267 Mr. Erving declares, that, he said at the Board, in the hearing of the Lieutenant Governor, on the 6th of March, that, in his opin- ion, the coniinis ioners were safe in town, and ncvfr had been in danger; and, that he would pawn his life, they would remain safe, or words of the same import. If the foregoing circumstances and declarations be duly con- sidered, it will appear higldy probable, that, if Mr. Tyler said any thing 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 Iuia^c been considered, as a reason for the troops remaining in town, had the commissioners been supposed to be in danger, as has been observed by several of the deponents ; and the said deponents are persuaded, it would have been so considered by the Lieutenant Governor, and the com- manding officer of the troops ; and, consequently, have tended to defeat the end, which the Members of the Council, particularly Mr. Tyler, were aiming at. And, they further observe, that, had he mentioned it, as his opinion, there was a design of the people to remove the commissioners, it would have been so entirely con- trary to the sentiments of the deponents, and, they doubt not, of every Member of the Council, present, except himself, that they verily believe, it must have produced such a dispute and opposi- tion, as would not sooli have been forgotten. The second thing observable from the affidavit of the Secretary, is, that divers gentlemen of the Council, by referring expressly to it, adopted what Mr. Tyler had said, viz. : •' that the people of the best characters among us, had formed a plan, not only to remove the troops, but the commissioners." In contradiction to this, every gentleman of the Council, then present, deny that they adopted any such declaration. So far are they from adopting what is represented to have been said by Mr. Tyler, about a plan to remove the commissioners, that there is not one of them has the least remembrance of any thing said concern- ing 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 cannot recollect they heard a word from Mr. Tyler of any intention to remove the commission- ers, so neither could they have adopted such a strange opinion, had it been advanced by any person whatever. Mr. Erving, Mr. Dexter, and Mr. Pitts, 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 A. Oliver, " that they adopted what Mr. Tyler had said," " Members of the Couucil. 268 MASSACHUSETTS STATE PAPERS. Mr. Danforth, in his deposition, recites, that, " whereas in Mr. Oliver's affidavit it is asserted, that divers 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 affidavit, 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 although he had the like apprehensions Mr. Tyler had of the danger of further bloodshed, in case the troops should continue in town, yet, that he never adopted any sentiment, that a plan had been concerted to remove the commissioners, (or even the troops, by way of compul- sion,) and, so far at least, as relates to the commissioners, this de- ponent 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 commis- sioners 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 therefrom." From these depositions, and what went before, it appears, that the said gentlemen of the Council, were so far from adopting what the Secretary represents to have been said by Mr. Tyler, as to a plan to remove the commissioners, that there is not one of them has the least remembrance of any thing said about such a plan ; and there- fore, they could not refer to it, or in any sense Avhatever, adopt it. The third thing observable in the Secretary's affidavit, is what he declares about his draft expressing what had been said in de- bate at Council, "that it was allowed by the Council strictly to express the truth, but that it would not stand well on the Council records." 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, which alters the truth, is to substitute a falsehood. And as the said declaration suggests such a substitution, it implies a charge of falsehood on the gentle- men, who were present at that Council. But though the commit- tee apprehend the Secretary did not intend any such charge, yet his words may probably be construed to imply it. With regard to the said aniendment, most of the gentlemen have expressed their sentiments in their respective depositions. Five of them declare, that the words made use of in the amendment, as recited by the Secretary, in his deposition, which were, the next morning, proposed in Council, to be substituted instead of the terms the Secretary had used in the minutes of the Council, taken the day before, these deponents then thought less liable to be mis- construed ; and that, by this alteration, the true meaning and in- tent of the Members of the Council, in what they had said on the MASSACHUSETTS STATE PAPERS. 269 preceding day, to the Lieutenant 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 consider- ation, was by them adopted ; and, (together Avith the advice given to the Lieutenant Governor, to use his influence that the troops might be removed,) was, as the deponent appreliends, the whole that could regularly be certified by the Secretary ; as they were the only votes of the Council, that passed on that occasion. The committee proceed to consider the Secretary's petitions to the Board, and to make some observations upon them. In one of them he represents, that his deposition or afiidavit, above inentiohed, appears, by the tenor of it, to have been made merely to vindicate the Lieutenant 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, by the Lieutenant Governor, to give a true relation of the proceed- ings, had in Council, on that affair. If the Lieutenant 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 the province ? AVas it not traducing the Council, to suggest tliat they rejected his draft, because it strictly expressed the truth ? And was it not bringing into question the loyalty of the town or pro- vince, to suggest that a plan had been formed, by people of the best characters ainong 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 decla- rations contained in the Secretary's deposition, in which he wholly omits wliat was said about the safety of the commissioners, comport with a true relation of the proceedings had in Council, on the above mentioned affair ; which relation the Lieutenant Governor called upon him for ? The Secretary further represents, that, as holding his commission 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 Com- mander in Chief, who is the King's Representative, to give a true relation of the proceedings had in Council, on that day. Though the Secretary holds his commission immediately fi-om the King, the commission constitutes him an officer of the province, to do the business appertaining to the office of Secretary ; but does not give the Commander in Chief, notwithstanding he is the King's Representative in the province, any authority over him. By vir- tue of his commission, he is to do the proper business of Secretary : but could it be a part of such business, to take minutes at Council, of what all, or any of the Members, said in their debates ^ and af- 270 MASSACHUSETTS STATE PAPERS. terwards to g;ive a deposition of it, when called upon by the Com- mander in Chief? If it was not a part of such business, for what purpose couid he want to assist his memory, by taking the said minutes ? Could this be any proof of fidelity to the King ; or would it not be considered as abroach of trust ? Would not such an idea of the business of a Secretaiy. degrade him into the character of a spy or informer ? Would it not be inconsistent with the freedom of consultation and debate, and consequently with 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 Secre- tary, as the King's officer, is under obligation to take such minutes, at Council, and reduce them to a de; osition, 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, Avithout the privity of any one, took the minutes of what was said in the debates of Council, on the 6th of March. If the Secretary could think himself authorized to take such minutes, and give such deposition, was he not under the obligation 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 the partial representations contained in it, might have been corrected, and his ovvu honor and justice remained unimpeached. It has been, for some time, justl}'^ 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 there made use of, to represent his Majesty's subjects here, in an odious light; which has occasioned troops and naval armaments 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 depo- sition, should act in the same secret manner; especially, as it respected what had been said in Council ; about which, he could have easily informed himself from the Members, Avho, at the same time, had a right to know what he had represented concerning them. Whatever may have been designed, with regard to the oper- ation of this deposition, the manifest tendency of it is, to give a most unfavorable, and, at the same time, a most unjust idea of the people here, and of the Council, in particular. As the said depo- sition represents the Council in an ill light, it would be no disa- greeable present to Governor Bernard, to whom it was sent by the Lieutenant Governor, as he informed the Board. His Honor, at the same time, informed them, that he desired Governor Ber- nard to keep it to himself, unless his conduct, with regard to re- moving the troops, should be fiiulted; in which case, it was to be made use of for his Honor's vindication. Whether it was used for that purpose, is uncertain. But, it is certain, that it was pub- MASSACHUSETTS STATE PAPERS. 271 lislied in London, annexed, with other depositions, to a pamphlet, entitled " a fair account of the late unhappy disturbances at Boston, in New England j" in which pamphlet and depositions, is given a very unfair, and, in all material circumstances, a very false account, of" what is therein called, the late unhappy disturb- ance. The most material thing 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, which, in any mea- sure, tends to support such a charge, is the Secretary's. The deposition has, in some degree, answered the purpose of the pamphlet writer or procurer; and is well calculated to answer the further purpose of Governor Bernard, to eftect a change in the constitution of the Council, by giving a very disadvantageous idea of the Board, of the last year, 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 which appear, in some degree, remarkable, ft was taken the same day, on which most of the other depositions, annexed to the pamphlet, were taken, viz. : the ISth of March. They probably all went hy Mr. Commissioner Robinson, who sailed for England, the 16th of March ; and they are all published together, in the same pam- phlet. Whether these circumstances are casual, or whether they indicate a mutual correspondence and communication between persons here, with regard to said depositions, there do not appear any sufficient means fully to determine. The Secretary further represents, " how cautious he was in fram- ing his 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 wlmt was said about the commissioners, has fully appeared above. 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, though 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 gentle- men, differs from his own, appears, to him, to be concerning \vha.i relates to the commissioners ; with regard to which, he appre- hends, his deposition is fully supported by the testimony of liisia- • terested witnesses, then present." The Secretary here suggests, that the gentlemen of the Coun* ' cil are interested, and, therefore, that their testimony, wherein it differs from that of his witnesses, who, he represents, as disinter- ested, must be invalidated. Seven gentlemen of tlif; Council 272 MASSACHUSETTS STATE PAPERS, have given testimony, about what TNIr. Tyler is represented to have said in Council, concerning 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 propeily, as those produced by the Secretary; and, much more so, than two of them, who act under, and are dependent 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 pernicious consequences to the province, which, the 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 ^he Secretary's deposition exhibits to the world, a very dishonora- ble 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 record, and was, therefore, rejected by the Council." It appears, also, that the Secretary has, in a secret manner, taken minutes at Council, of what was said by the Mem- bers, in their debates ; that he has subscribed his name to a paper, containing those minutes, and has taken his deposition before F. Hutchinson, Esq. to the truth of it ; also, that the said paper and deposition havebeensent,by the Lieutenant Governor, to Governor Bernard ; and, that they have been since published, with other depositions, annexed to a pamphlet, designed to defame the pro- vince, 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 is destructive of all freedom of speech and debate ; and, consequently, a breach of privilege, the most essential privil- ege 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 the Board to adopt the following resolu- tions : 1. Resolved, That Andrew Oliver, Esq. Secretary of this pro- vince, by secretly taking minutes at Council, of what was said by the Members in their debates ; also, by signing a paper, contain- ing those minutes ; and, further, by giving his deposition to the truth of it, has, in each, and all those instances, acted inconsist- ently with the duty of his office, and thereby is guilty of a breach of trust. 2. Resolved, That the said Andrew Oliver, Esq. inasmuch as such proceedings are destructive of all freedom of debate, is guilty of the breach of a most essential privilege of this Board. 3. Whereas the said Andrew Oliver, Esq. has suggested, in his said deposition, that, because his draft was allowed strictly to ex- press the truth, it would not stand well on the Council records, and MASSACHUSETTS STAT^ PAPERS. S73 .tnd was, therefore, rejected by the Council. Resolved, That by such suggestion, he has injured and abused the Members compos- ing the Council ; and, by so doing, has reflected dishonor on this Board. 4. Resolved, That an attested copy of this report be sent to Mr. Agent Bollan, that he may make the best use thereof, he can, for the benefit of this province. LETTER FROM THE COUNCIL TO WILLIAM BOLLAN, ESQ. AGENT, IN ENGLAND, OCTOBER 30, 1770. Sir, We are extremely sorry to find, by your letter of the ; and otherwise, how unhappy the situation of our pub* lie affairs is, on the other side of the water ; and that it is proba- ble they will, in the next session of Parliament, be the subject matters of their inquiry, without our ever being notified to make answer to the charges exhibited against the province, or of de- fending the Council, in particular. This is so far from being constitutional, as, that perfect innocence is no protection in such a case. But yet, hard as it is, unconstitutional as it is, we make 110 doubt, that it will be the case, unless your active, vigorous efforts prevent it; which, from the experience of your former services, we are very confident will not be wanting. On, or about the 6th of July last, it is very likely you will find, that a com- mittee of the Lords of Council, for plantation affairs, in their re- port, which was accepted by the Lords of Council, gave the fol- lowing advice to his Majesty, that Castle William should be taken into his own hands, and garrisoned by his own troops ; which hath since been done ; the Castle delivered up; Capt. Phillips, the officers and privates, sent off", and now entirely in the hands of the regulars ; that the place of rendezvous, for the King's ships, in North America, should be at Boston ; accordingly. Com. Hood came from Halifax, with his squadron ; he was soon relieved by the arrival of Com. Gambier. And now, at a time of profound peace, we have a greater number of men of war, in the harbor of Boston, than was known in time of war, since the first settlement of the country. The following charges were likewise i-eported, and accepted by the Lords of Council, requesting his Majesty to lay the same be- fore the Parliament, at their next session, really, that our consti- tution might be essentially altered, viz. : " 1st. That seditious and libellous publications are encouraged. 35 274 MASSACHUSETTS STATE PAPERS, and go unpunished, manifeating a design to stir up the people to acts of violence and opposition to the laws, and to the authority of Parliament. 2d. Goods, liable to duties, forcibly landed, with- out paying those duties ; lawful seizures rescued by force ; offi- cers abused, and treated with violence, whilst doing their duty : illegal proceedings of tlie town of Boston, in their meetings of June ISth, and September li2th, 1768, and the Convention at Bos- ton, September 22d ;* a combination not to import goods from England ; and the several resolutions and proceedings, in conse- quence thereof; the declarations and doctrines, inculcated by the House of Representatives, in their resolutions and messages to the Governor; the instructions of Boston to their Representatives;* the Council disposed to adopt those principles, and to countenance such illegal proceedings, evidently manifested, in their backward- ness, to join with the Governor, in such measures as were neces- sary to prevent the same ; their meeting, and acting as a Council of State, without a summons from the Governor, and without his presence, and printing their resolutions." These are the charges, we conjecture, his Majesty, by advice of Council, will lay before the Parliament, in their next session; and, it is pretty certain, the Lieutenant Governor, in a letter from, the Earl of Hillsborough, hath this account. A committee from the Council waited upon his Honor, for a copy of the letter, report, and order, so far as it respected the rights of the province and colony ; but, the Lieutenant Governor told the committee, that, by his instructions, he was strictly forbid giving one, or even to mention them, by speech or message, to either House. These charges, the Lords of Council have looked into, and have adjudged to be facts. And, therefore, the Parliament is only to determine, the punishment. Such a conduct as this, till of late, is not to be paralleled. How is English liberty lost ! How precarious and uncertain is man's liberty, and, even his very life ! For, if they, in this way, can take away the former, they may take away the latter. They may as constitutionally determine, that every Mem- ber of his Majesty's Council hath been guilty of high treason, and deny, that the Parliament would make an act for your punish- ment.t Surely, upon application for time allowed us to answer, they cannot deny you, unless corruption reigns without control. But still, while we think of the election of a Member for Middle- sex, we need fear every thing. ' Wherefore, we will suggest a few things to you, relative to the charges aforesaid, so far as the charges respect the Council ; we say, so far as they respect the Council ; not, because we suppose the other charges true, and not to be answered ; but, because the Council are not the proper per- sons to do it, and it might be taken amiss, if we should. As to * See Appendix, t This seems obscurej but it is so in the original. MASSACHUSETTS STATE PAPERS. 275 ihe first, that seditious and libellous papers going unpunished, &c. ; allowing that to be the case, where doth the fault lie ? Not in the Council. Can they try and determine these matters ? In this •way, they have nothing to do with them. Why is there not a charge against the House of Lords, (which is the sumina curia,) that they do not suppress those seditious and libellous publications at home ? If we have any amongst us, there are fifty in England to one here. Must the English constitution, then, so far as it re- lates to the House of Lords, be altered, because they do not do that, which, bylaw, they cannot do; and, which, if they did, would be an infraction of the constitutional rights of Englishmen. If such publications have taken place here, and no notice has been taken of them, where doth the fault lie ? Surely in him who acts for the King, as his Attorney, in his not drawing indictments, summoning witnesses in support of the same, and then laying the whole before the Grand Jury ; and, if he hath not done it, the fault is not in the Council, unless they had endeavored to prevent it, which is very far from being the case, as will presently be shown. It is very surprising, that administration should think so highly of the few disorders amongst us, when the provocations from themselves have been the sole cause of all. For us to be deprived of our rights, liberties, and privileges, purchased and defended by our ancestors, at the expense of so much treasure and blood, (and not by the Crown,) purchased by them, and granted to them, as an inheritance; and, in the struggle for the preservation of them, if the people should have gone a little too far, ought there not to have been an allowance made ? Surely, they ought never to be magnified ; nor could they so by any, but those " who strain at a gnat and swallow a camel ;" who seek nothing so much, as the destruction of an injured, abused province, at all adventures. As to the Council being disposed to adopt these principles, and. countenance such illegal proceedings, evidently manifested in their backwardness to join with the Governor, in such measures as were necessary to lestrain and suppress them, there is nothing, that was ever invented, more groundless. After his Honor the Lieutenant Governor, the Secretary, Judge Trowbridge, and othei* very respectable gentlemen, were left out of the Council, Gover- nor Bernard apprehended, that there was no duty, no loyalty left at the Council Board, and gave the prerogative up as lost ; and this he often declared : We say, that after this, there was a message to both Houses, from the Governor, relative to a libel against him, published in one of the Boston newspapers. The House took it up of themselves ; the mobhish Board, as he had represented them, chose a committee to take the message into consideration. The committee reported, which was unanimously accepted by the Council, and presented by the Board to the Gov- ernor, as their answer to his message. He was extremely pleased, and passed the highest panegyric upon the Council that could be S76 MASSACHUSETTS STATE PAPERS. passed ; assuring them, that he would write to the Secretary of State, that he might acquaint his Majesty with the loyalty, duty, and fidelity of his Council of the Massachusetts Bay ; and, if he was as good as his word, he did it ; and his letter can be pro- duced. What he said of the Council then, was strictly true ; for, words could not express greater abhorrence of the libel, than that answer conveyed. Could a Council, which he is so fond of hav- ing now, have done more than they then did ? Again, can this charge on the Council be true, when he never once desired a proclamation might issue, with advice of Council, with, or without a reward, just as he was pleased to draw it, but what the Council advised to it. In many cases, this was done immediately upon his hearing the story ; and, if it was so far against the province, as, that he could improve it to their preju- dice, he never wanted faith to believe ; for, immediately a Coun- cil was called, and advice moved for, tliat a proclamation might issue, and, in many instances, that the Attorney General should be directed to prosecute, and never once denied The Council, in short, were so desirous that his Majesty's honor and preroga- tive might be preserved, and so afraid that he should take excep- tions at the conduct of the Council, that, in sundry instances, they went full far enough, when they advised to issue proclama- tions, and, at the same time, the matter complained of, was scarcely worthy the notice of a single Justice of the Peace ; and, once or twice, when he obtained the advice of I'ouncil, no pro- clamation issued. In these cases., we suppose, he did not think we should have advised to a proclamation ; but, then he intended our refusal as a charge against the Council. During his administration, there were proclamations issued, with advice of Council ; and yet, it is determined by the Lords of Council, that the Massachusetts Council is backward to join the Governor, in measures to prevent disorders ; nay, adopt those principles, and use measures to countenance them further. Had there been any Justices of the Peace, who Governor Bernard thought failed in their duty, why did he not summon a general Council, and ask their advice to remove them.^ This, he never did. It was, therefore, time enough for him, or any one else, to assert these as facts, when we had refused ; which, we repeat, the Council never did. And, since the absence of Governor Bernard, how many procla- mations have been issued } Particularly, upon Mr. Hulton's, one of the commissioners of the customs, complaint; or rather, on the Council's first hearing, that a trespass was committed upon his house, in a country town, about four miles from Boston, in the night, when he and his family were a bed in it ; though, at the same time, the Council had no reason to think, there were twenty persons present, when the trespass was committed, or, that it would have been committed at all, had he been in Boston. The MASSACHUSETTS STATE PAPERS. 277 Council are unanimously of opinion, that the greater part of the town of Boston, that all the influential, leading men in it, were anxiously concerned to preserve the commissioners' persons from any insult or abuse, and their property, from the appearance of a trespass. Naj"^, we do not tiiink the people of tlie town wei*e dis- posed to injure their persons or property ; but that, on the con- trary, they Avould have been in perfect safety in Boston, had they continued there. We persuade ourselves, that the Lieutenant Governor will do the Council justice, touching these things of this nature, which have taken place during his administration. Our surprise, if possible, still rises, when we are charged with meeting, and acting as a Council of State, without a summons from the Governor, and without his presence, and printing our resolutions. We are put to a difficulty to make answer to this, as there is no truth, or even shadow of truth, in it. How can we prove a negative ? Had there been mention made of any particu- lar time and case, it would have eased us of this impossibility. We can guess only at this : there was an affair in our Legislative capacity, which would have been finished in a few minutes before the Governor prorogued the Court, which the Governor well knew. He did not, at that time, act, as he and all other Gover- nors had done before a recess ; namely, to ask the Council, if they had any thing further to do ; but, instead, except by the Secre- tary, and one or two others, wlio were near him, ordered the House up ; and, the Court was then prorogued, without our completing what we were upon, in our Legislative capacity ; and, upon sun- dry remonstrances and arguments with the Governor, he permit- ted us to finish what we were then upon ; and, after it was fin- ished, we published it. We do not see any crime in this, nor even in our meeting together, when the Governor has laid a charge against the Council, even without his summons and presence. The necessity of the thing will justify such a conduct : otherwise, the Council of this province are, of all men, the most unhappy; more so, than any individual of his Majesty's subjects, in his ex- tended dominions ; and yet, we do positively declare, the Council never once met, as a Council of State, without his permission. Upon the whole, considering that our charter differs from most others — they being of grace — ours not so, but for services to be done ; and, therefore, in the nature of a deed, where there is a valuable consideration paid : The immense sums it cost our an- cestors in coming over, and settling an howling wilderness, and purchasing the land of the natives ; the many bloody wars they and we have been engaged in, all at our own cost, have now made it a fruitful field, which has been of such great advantage to Eng- land, both by our conquests, our fishery, our trade, and, what of the British manufactures have been consumed among us ; so, that in every respect, we have exceeded the most sanguine hopes and expectations, for the real service of tlie Crown : We infer, that 278 MASSACHUSETTS STATE PAPERS. to deprive us of our charter, or the liberty of choosing Counsel- lors, which comes to the same thing, must be contrary to law, reason, and common equity. And, we doubt not, of your hearty concurrence with us, in using your best endeavors, to prevent the evils meditated and threatened ; which, should they take place, will work the destruction of those rights, civil and religious, which, we think, have been dearly purchased, and never forfeited. MESSAGE FROM THE LIEUTENANT GOVERNOR TO THE TWO HOUSES, NOVEMBER 2, 1770. Gentlemen of the Council, and Gentlemen of the House of Representatives, It appears to me necessar}^, that I should inform you, that his Majesty's fifth instruction to the Governor, requires him to observe, that, in the passing of all laws, the style of enacting the same be, by the Governor, Council, and House of Representatives, and no other. This style has been conformed to, except, perhaps, in a particular instance or two, for near thirty years, without the least inconvenience. It may save you tinle, and prevent increase of public charges, to let you know, that I cannot, upon any terms, depart from this instruction. If I could be made sensible, that it was the least damage to the province, I would humbly represent it to his Ma- jesty. T. HUTCHINSON. MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE LIEUTENANT GOVERNjOH, NOVE]MBER 6, 1770. May it please your Honor, In your message of the 2d instant, you are pleased to inform the two Houses, that " his Majesty's fifth instruction to the Gov- ernor, requires him to observe, that, in the passing of all laws, the style of enacting the same, be, by the Governor, Council, and House of Representatives, and no other." This House have taken the importance of the message into their serious consideration. MASSACHUSETTS STATE PAPERS. 279 and are of opinion, that the words, in General Court assembled, are not merely words of form, but of substance, and necessary to the validity of every act. By the royal charter, the Governor and Council are vested with some powers severally, and jointly with other powers, of acting for certain purposes in their departments, when the Gen- eral Court is not sitting ; but, for the purpose of making laws and statutes, there is no power given, either to the Governor, Council, or House of Representatives, to act, but when they are assembled in General Court. No law, therefore, can be valid, unless it be enacted by the Governor, Council, and House of Representatives, when thus assembled ; and this, we apprehend, must appear from the parchment roll, wherein the act is recorded ; otherwise, the record itself is not complete, and it will become necessary to resort to dehors evidence, to prove a fact essential to the validity of the act, which is against the established rule, respecting re- cords. We are warranted in this opinion, from the invariable use of the same style in all acts of Parliament ; which universally contain that express averment, that they were passed by the sev- eral branches in Parliament assembled. We cannot conceive any reason, why the words should be dis- agreeable to his Majesty; for, we must suppose it to be his plea- sure, that all acts should pass in such form, as is necessary to make them effectual. We find the words, in General Court as- sembled, and by the authority of the same, constantly, and inva- riably used in the passing of laws, from the beginning of the charter until within thirty years past ; if your Honor should con- ceive that exception was taken against the latter words only, in the clause, you would then conclude, that it was altogether through inadvertence, that the instruction was made so large as to extend to the former. This House considers the words to be of substance, and neces- sary ; and, as they cannot but be of opinion, that, upon further consideration, they will so appear to your Honor, they hope you will think yourself at liberty to admit them, in the passing of the bills to be laid before you ; by which means, time may be saved, and an increase of public charges prevented. [The committee were, Mr. Leonard, S. Adams, J. Adams, Maj. Hawley, and Mr. Ingersol.] S80 MASSACHUSETTS STATE PAPERS. MESSAGE FROM THE LIEUTENANT GOVERNOR TO THE HOUSE OF REPRESENTATIVES, NOVEMBER 8, 1770. Gentlemen of the House of Representatives, In your message to me, of the 6th instant, you have declared yourselves of opinion, that the words, " in General Court assem- bled," are not merely words of form in our laws, but of substance, and necessary to the validity of every act. Had your opinion been well founded, I should have thouj^ht it surprising, as well as unfortunate, that such a discovery should, for thirty years toge- ther, have escaped the Members of the several General Assem- blies, all the gentlemen of the law concerned in our Executive Courts, and all the inhabitants of the province in general. But, it appears to me, that there is not the least foundation for your opin- ion. The style of a law, which expresses the Governor, Council, and House of Representatives, expresses that authority, which, by charter, hath the power to make laws ; and the same reason which you urge for adding the words, " in General Court assem- bled," will hold as well, for further adding, " by the King's writ ;" " under the province seal ;" " signed by the Governor j" " issued thirty days before the convening ;" together with all the other requisites for forming a constitutional General Court ; for, in all these cases, if the facts do not appear upon the roll, it may be necessary to make use of dehors evidence, as in the case, when the words, " in General Court assembled," are not inserted. But, I am of opinion, this sort of evidence never was, and, probably, never will, be necessary in either case. You will not be able to support your assertion, that acts of Parliament universally contain this express averment, that they were passed by the several branches in Parliament assembled. Many ancient statutes, without this clause, are equally in force with modern statutes, which have the clause ; and modern acts of this province, without the clause, you contend for, are equally in force with ancient acts which have that clause. I am not accjuainted with the special reason, which induced his Majesty to restrain the Governor from consenting to an act with this clause in it. Perhaps, it was merely because it was unne- cessary and redundant. Be it as it may, I cannot depart from my instructions, nor make my humble application that it may be withdrawn, unless I could see that it is an abridgement of your rights, or tended to subject the province to inconvenience. 1 cannot help, as you have given me occasion for it, putting you in mind, that you are now in the seventh week of the session, and that scarce any of the public business is yet completed. I doubt MASSACHUSETTS STATE PAPERS. 281 not, the House in general, wish to return to their private affairs ; and, I have reason to think your constituents, in all parts of the province, wish to see all obstructions to your giving greater des- patch, removed. I must, therefore, repeat my recommendations to you, that, in concurrence with the Council, who, I am very sure, are disposed to do their part, you will prepare the business, now before the Court, to be laid before me, that the session may be brought to an end, as soon as possible. T. HUTCHINSON. MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE LIEtJTENANT GOVERNOR, NOVEMBER 15, 1770. May it please your Honor, We have maturely considered your message to this House, of the 8th instant ; and, we cannot but observe, with great con- cern, that, by virtue of instructions to the King's Governor of the province, we are reduced to the necessity of passing laws, in such form, as to render them, in our opinion, ineffectual. The words, in General Court assembled, we still consider to be so substantial, that we are as much surprized, as your Honor suggests you should be, if you apprehended our opinion was well founded, that such a discovery should, during thirty years together, have escaped the Members of the several General Assemblies, &c. Your Honor is pleased to say, " it appears to you, there is not the least foundation for our opinion ;" and, in another place, that " you are of opinion, that this sort of evidence never was, and never will, be necessary in either case." How far these opinions, thus precisely given, considering your Honor's high rank in the law, ought to be an authority to us, must be left to the world to judge ; but, if that authority should not be deemed of weight enough, absolutely to decide the question, this House is of opin- ion, that the decision of impartial judges will not be in favor of the sufficiency of the late style used in enacting our laws. The House think it surprizing and unfortunate, that your Honor should assert, that " the style of a law, which expresses the Gov- ernor, Council, and House of Representatives, expresses that au- thority, which, by charter, hath power to make laws." In order to show, whether this assertion is true or not, we beg leave to adduce the words of the charter. They are these, viz.: "We will, and by these presents, for us, our heirs, and successors, do ordain and grant, that there shall, and mav be convened, held, and 36 ^ 282 MASSACHUSETTS STATE PAPERS. kept by the Governor, for the time being, upon every last Wednes- day in the month of May, every year, forever ; and at all such other times, as the Governor of our said province, shall think fit and appoint, a great and General Court or Assembly ; which said great and General Court or Assembly, shall consist of the Gover- nor and Council, or assistants, for the time being, and of such freeholders of our said province, or territory, as shall be, from time to time, elected, or deputed, by the major part of the free- holders, and other inhabitants of the respective towns or places, who shall be present at such elections, &c. ; to which great and General Court or Assembly, to be held as aforesaid, we do hereby for us, our heirs, &c. give and grant full power and authority, from time to time, to direct, appoint, and declare, &c." And, afterwards, we find the same great and General Court or Assem- bly empowered in the following words, viz. : " and we do, of our further grace, &c. grant, establish, and ordain, for us, our heirs, and successors, that the great and General Court or Assem- bly of our said province, or territory, being convened as aforesaid, shall forever have full power and authority to erect and consti- tute judicatures and courts of records, or other courts," &c. And, afterwards, the Governor, and the great and Geneial Court or Assembly, are empowered in the following words, viz. : " and we do further, for us, our heirs, and successors, give, and grant to the said Governor, and the great and General Court or Assem- bly of our said province, or territory, for the time being, full power and authority, from time to time, to make, ordain, and es- tablish all manner of wholesome and reasonable orders, laws, sta- tutes and ordinances," &c. From whence it is certain and obvious, that the style of a law, which expresses the Governor, Council, and House of Representa- tives, does not express that authority, which, by charter, hath power to make laws ; because, the Governor, Council, and House of Representatives, have no authority to make laws by charter, unless they are convened and held in General Court or Assem- bly. And, we may venture to submit to your own consideration, whether an act of the Governor, Council, and House of Represent- atives, would be valid, which should be passed by each of those branches, not in General Court assembled ? Should a bill pass this House, and be sent up to the Board in the present session, and, after a prorogation of the General Court, be concurred by the Council, and consented to by the Governor, can there be the least foundation, or an opinion, that such bill could become a law ? The House is astonished to hear your Honor say, that " the same I'eason which we urge for adding the words, in General Court assembled, will hold as well, for further adding, by the King's writ; under the province seal ; signed by the Governor ; issued thirty days before the convening ; together with all the other requisites for forming a constitutional General Court ;" be- MASSACHUSETTS STATE PAPERS. 283 cause, although the words. Governor, Council, and House of Re- presentatives, only imply the King's writ, under the province seal, signed by the Governor, and issued thirty days before the con- vening, yet, it does not im|)ly all the other requisites for forming a constitutional General Court ; whereas, the Governor. Council, and House of Representatives, in General Court assembled, ne- cessarily imply all these, and every other requisite; and, there- fore, these appearing on the record, there can be no necessity of recurring to so great an absurdity, as evidence dehors, in support of a record of the highest nature. You have not denied, that it is a known and approved maxim of the law, that every record must prove itself without any dehors evidence ; nor that an act of Par- liament, or law of this province, is not a record of the highest nature; yet, you have given it as your opinion, that dehors evi- dence never was, and, probably, never will be necessary in either case ; which seems to imply, that, if in any case it should be necessary, it may be admitted, or else, that every thing which is necessary, does appear upon the face of a law, without these words, in General Court assembled, notwithstanding the constant practice of Parliament, for more than five centuries, has been, to use equivalent words, which must, upon your principles, be per- fectly unnecessary, redundant and nugatory. Your Honor is pleased to say, we shall not be able to support our assertion, " that acts of Parliament universally contain the express averment, that they are passed by the several branches in Parliament assembled ;" and, that " many ancient statutes, with- out this clause, are equally in force with modern statutes, which have the clause." How far our assertion can, or cannot be sup- ported, we appeal to the statutes at large, to determine ; and, we may venture to advance, that from the time of King Edward the First, under whose reign the present form of the Legislature took place, and the two Houses of Parliament were separated from each other, which is now five hundred years, to this day, there is scarcely a single statute without such an express averment. And, indeed, other expressions equivalent to such an averment, are used in almost all the statutes, that are more ancient than the reign of Edward the First. For example, in the statute of Mer- ton. which was in the twentieth year of King Henry the Third, A.D. 1235, we find this averment, " it was provided in the court of our Lord, the King, holden at Merton,on Wednese intent of the former acts j but as this construction has been put upon them, I cannot sign another act in the same form, being expressly forbid by his Majesty's twenty -seventh instruction, from giving my consent to such an act, upon any pretence whatsoever. 1 cannot doubt of your being of the same sentiment with me, that such a general clause, as is now in the bill, which empowers the assessors to tax all commissions of profit, needs some qualification, and that it should extend no far- ther than to commissions which peculiarly relate to this province ; otherwise any of his Majesty's servants, who may occasionally re- side here for a short term, may be taxed for the profit which they receive from their commissions and places in Great Britain, and every other part of his Majesty's dominions. T. HUTCHINSON. MASSACHUSETTS STATE PAPERS. 307 MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, •> *■ JULY 5, 1771. May it please your Excellency, The House of Representatives have taken into consideration* your Excellency's message of this clay. The reason you are pleas- ed to assign for withholding your assent to the tax bill, is surpris- ing and alarming. We know of no commissioners of his Majes- ty's customs, nor of any revenue his Majesty has a right to estab- lish in North America ; we know and feel a tribute levied and extorted from those, who, if they have property, have a right to the absolute disposal of it. By the royal charter, it is expressly granted, that the General Assembly shall have full power and authority to impose and levy proportionable and reasonable assessments, rates, and taxes, upon the estates and persons of all and every, the proprietors and inhab- itants of this province. Hence, it plainly appears, that the power of raising and levying taxes, is vested in the General As- sembly ; and that power, which has the sole right of raising and levying taxes, has an uncontrolable right to order and direct, in vi'hat way and manner, and upon whom, such taxes shall be raised and levied. Therefore, for your Excellency to withhold your assent to this bill, merely by force of instruction, is effectually vacating the charter, and giving instructions the force of laws, within this province. And we are constrained to say, that your Excellency's present determination is to be governed by them, though this should be the consequence. We must further observe, that such a doctrine, if established, would render the Representa- tives of a free people, mere machines ; and they would be reduced to this fatal alternative, either to have no taxes levied and raised at all, or to have them raised and levied in such a way and man- ner, and upon those, only, whom his Majesty pleases. As to the operation of law, mentioned in your Excellency's message, the law of this province, at least in this respect, has rightly operated, as it ever ought to. And we know no reason, or any semblance of reason, why the commissioners, their superior or subordinate officers, who are equally protected with the other inhabitants, should be exempted from paying their full proportion of taxes for the support of government, within this province. [The committee, by whom this message was prepared, were J. Otis, Capt. Thayer, Col. Bowers, S. Adams, and Mr. Denny.] 308 MASSACHUSETTS STATE PAPEIIS. MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE GOVER>'OH, JULY 5, 177X. May it please your Excellency, The General Court, in their present session, having passed an act, to inquire into the rateable estates of this province, and the House of Representatives being very desirous to complete the same, as soon as may be, after the return of the lists ; they there- fore desire your Excellency vv^ould be pleased to give the Assem- bly an opportunity to come together the beginning of Octobernext, for that purpose. MESSAGE FROM HIS EXCELLKNCT THE GOVERNOR ID THE HOUSE OF REPRESENTATIVES, JULY 5, 1771. Gentlemen of the House of Representatives, I SHALL always consult his Majesty's service, as to the time of meeting the General Assembly, and govern myself accordingly. T. HUTCHINSON. MESSAGE EROM THE TWO HOUSES, TO HIS EXCELLENCY THE GOVERNOR, JULY S, 1771. May it please your Excellency, Your Excellency having refused to assent to the grants made at the last session of the General Court, to Mr. Bollan, and Mr. De Berdt, for their respective services in England, the two Houses, in faithfulness to themselves, and those they represent, are con- strained to remonstrate to your Excellency on this subject ; and for that purpose would observe, that self defence, whether it re- gards individuals or bodies of men, is the first law of nature ; and, that in obedience to this law, this community, when its rights and liberties have been attacked, have, by their Representatives, at different times, appointed agents for their defence. Now, al- MASSACHUSETTS STATE PAPERS. 309 though it had been the usual practice for the Governor to be con- cerned in that appointment, yet, when circumstances became cHti- cal, and the dearest rights of the province were at stake — when the King's ministers appeared resolved to infringe those rights, and could influence the Governor, who was wholly in their power, to procure an agent to their mind, or to control the instructions that might be prepared for him, whereby the end and design of his appointment might be frustrated ; when this was the case, it be- came fit and reasonable, that an agent, chosen by either House, and the instructions given him should be wholly independent of the Governor ; and, consequently, it must be fit and reasonable, that the pay and support of such agent, should not be obstructed by the Governor. The same reasoning is applicable to the appointment of the agent by the Council ; with ref^ard to which, it may be observed, that when heavy and repeated charges had been laid against them, by the late Governor, Sir Francis Bernard, of Nettleham, Baronet, designed and calculated not only to asperse their characters, but to affect the charter of the province, the necessity of the case re- quired they should defend themselves against those charges. The right of defence, which is necessary to guard and preserve every other right, is founded in natural justice and common law, which do not suffer any one to be condemned, without being first heard, and their defence considered ; and of this right they cannot be deprived, without being deprived at the same time of their politi- cal existence. The Council are an order of men instituted by charter, and were censured by the said Governor, in their public capacity ; a par- ticular charge being made upon them, their sole authority was suf- ficient and proper to answer it; and the Council being a constitu- ent part of the body politic, their defence was as necessary to the good of the whole, as the care and preservation of an essential part is to the body natural. The Council being an essential part of the body politic, or incorporated province, and their defence being necessary and beneficial to the whole, the province is charge- able to pay for such defence, and consequently, no Governor, or other person, can justly obstruct the payment. The right of defence includes a right to all the means requisite and proper for that defence, and consequently, a right to appoint and support their own defender ; without this, the freedom and benefit of defence would be taken away, where they cannot appear in their own persons. From the foregoing observations, the two Houses think it ap- pears, very manifestly, that they have a just and clear right, both jointly and separately, to appoint agents for themselves, without the concurrence of the Governor ; and, that the great principle of self defence inherent in, and necessarily active, in all bodies capa- ble of action, makes it unfit and unreasonable, that the Governor 310 MASSACHUSETTS STATE PAPERS. should refuse his assent to grants made to such agents, for their services to the province. As the grants made at the last session, cannot operate, new grants have been made to the said agents, this present session, which now lie before your Excellency ; to which grants, the two Houses hope, your Excellency will give your assent. SPEECH OF THE GOVERNOR TO THE TWO HOUSES, JULY 5, 1771, Gentlemen of the Council^ and Gentlemen of the House of Representatives, I HAVE continued the session longer than has been usual at this season of the year, that you might have the full time you de- sired for transacting the public and private business which came before you, and it gives me pleasure to reflect, that, in general, a good harmony has subsisted between the several branches of the Legislature. In some parts of your proceedings, I have not been able to concur in sentiment with you ; particularly, Gentlemen of the House of Representatives, I cannot help disapproving of a certain instrument which you voted,?in consequence of a message from me, and which you have caused to be entered upon your journal, and to be printed in the public newspapers. I am obliged to make some remarks upon it, before I put an end to the session, although it has not been ad- dressed to me in the usual form. By this instrument, you protest, as you express it, first, against whatsoever tends to establish min- isterial or royal instruction as laws within the province; and, secondly, against holding the Court in Cambridge, merely by force of instructions, as an intolerable grievance, which ought speedily to be redressed. The first part of your protest was altogether unnecessary, and can have no good effect, but may alarm the people when they are in no danger ; for, by the tenor of my commission, notwithstand- ing 1 am required to follow the King's instructions, I am to make the charter and the laws of the province, the rule of my adminis- tration ; and, upon these fundamentals, all my instructions are framed ; and if ever you shall think that you have ground to ac- cuse me of departing from the charter and the established laws, I promise you that I will not avail myself of an instruction for my justification or excuse j but, if I happen to differ from you upon the MASSACHUSETTS STATE PAPEllS. 311 construction of the charter or your laws, you must allow me to govern myself by my own, rather than by your judgment. The second part of your protest, appears to me, to be repugnant to what has been admitted for more than four score years, to be a part of your constitution ; for, notwithstanding, you confine your protest to my removing the Court from Boston, by force of an in- struction, you may, with equal reason, extend it to any act whatso- ever done by force of instructions. I must deal plainly with you, gentlemen, and let you know that I cannot consider myself at liberty to depart from the King's instructions, in any matters, which are not repugnant to the charter and to the established laws; and it is not the preservation of my place which influences me, but a sense of my duty to the King, and the preservation of his just prerogative. It is a new doctrine advanced by the last As- sembly, that the King, by reserving to himself the power of nom- inating and appointing a Governor, hath divested himself of the right of instructing him. If this had been the case, why did the Assembly, in 1692, thankfully receive Sir William Phips' commis- sion, which was published at the same time with the charter, and which expressly required him to execute his trust, according to such powers and instructions, as he should receive, pursuant to the charter and to the established laws ? Why has every Assem- bly since, until the Assembly of the last year, submitted, without any exception, to commissions of the same tenor ? In the contro- versy with Governor Burnet, in 1728, the Assembly would not admit that his instructions sliould bind them, but they never pre- tended that they did not bind him. Your observation, that, by the charter, the Governor is to convene the Court, from time to time, according to his discretion, or as he shall judge necessary, and, therefore, that the King's instruction ought not to control him, does not distinguish this case, because every power, where there is no special limitation, is to be exercised according to discretion, or as shall be judged necessary. I must further observe to you, that before the date of your charter, Gov- ernors in the plantations, were required to execute their trusts pursuant to the instructions they received from the Crown. When the Crown, by charter, reserves to itself the power of ap- pointing a Governor, this reserve must be understood to mean a Governor under the like restrictions with other the King's Gover- nors, unless there be further words to signify the contrary. I know of no such words in the charter. His Majesty expects from me, on the one hand, that I make no invasion upon any of your rights; but, then, on the other hand, he enjoins me to give up no part of his prerogative. I know that the messages and resolves of the House the last year, which asserted, that the Governor is not held to the observance of this instruction, were very displeasing to the King ; I am, therefore, under an ad- ditional obligation to bear my testimony against the like assertion. 312 MASSACHUSETTS STATE PAPERS. I would not, however, have labored to explain points, so clear iii themselves, if I was not apprehensive, that your constituents are liable to be prejudiced in favor of the proceedings of their Repre- sentatives, and that there is danger, if I had been silent, that this instrument would retard that quiet and contentment which, I doubt not, the gentlemen of the House, in general, who voted for it, wish to see fully restored. I shall only observe upon your message presented me this day, in answer to my message to you of yesterday, that whatever may be the rights of the General Assembly, in matters of taxation, the Crown hath certainly reserved to itself the prerogative of disal- lowing every law of what nature soever ; and as tne disallowance of a tax act, after it is in part executed, would cause great per- plexity, I think that his Majesty's instruction pointing out to you, through me, his servant, those parts of your tax acts which he dis- approves of, should be considered as an instance of his tenderness and paternal regard to his subjects, and that it is not liable to the least exception. I shall transmit my messages, and this, your ex- traordinary answer, to be laid before his Majesty. Gentlemen of the Council, and Gentlemen of the House of Representatives , I have given my consent to the bills and votes which have passed the two Houses this session, as far as I could, consistent with my duty to the King, and with the interest of the province. Upon mature consideration of the grants made to William Bol- lan, Esq. and to the executors of Dennys De Berdt, Esq. by the last Assembly, I refused my consent. I cannot yet see reason to alter my sentiments ; and the objections to my signing the grants, made this session, to the same persons, to which your message of this forenoon refers, are rather increased than lessened. T. HUTCHINSON. LETTER FROM ARTHUR LEE, ESQ.* TO THE SPEAKER OF THE HOUSE OF REPRESEN- TATIVES, DATED LONDON, SEPTEMBER 22, 1771. Sir, In obedience to the order of the House of Representatives, which you did me the honor of conveying to me, the 23d Novem- ber, 1770,1 have inquired at Dr. Franklin's lodgings, he himself being absent, for despatches from you ; but I have found none. It •Mr. Lee was of Virginia, and he was intimate with Dr. Franklin, then agent for the pro- vince, in England. He was a zealous advocate for the rights of the colonies, and strenuously opposed the arbitary measures of the British Ministry at that period. MASSACHUSETTS STATE PAPERS. 313 shall continue to be my care to attend to the business of the pro- vince, till the Doctor's return. It is now the dead tjme of the year, and nothing is passing worthy your attention. Parliament, without some unexpected emergency, will not meet till after Christmas. The Commissary of Virginia is now here, with a view of pro- secuting the scheme of an American Episcopate. He is an artful, though not an able man. You will consider, sir, in your wisdom, whether any measures on your side, may contribute to counteract this dangerous innovation. Regarding it as threatening the sub- version both of our civil and religious liberties, it shall meet with all tlve opposition in my power. With very great satisfaction I have learnt, from the late pro- ceedings of the House, tliat you have determined to resist any new invasion of your rights, as well as to remonstrate against those that are already passed. It wns such vigilance and perseverance in our illustrious ancesiurs, that redeemed our constitution when equally invaded ; and, I trust in God, that these virtues in you will be crowned with the same success. May the peace of God rest among you, to prosper your councils, and protect the province. I have the honor to be your most obliged and faithful servant, ARTHUR LEE. JNTj. 3, Essex Court, Middle Teknpk. SPEECH OF THE GOVERNOR TO THE TWO HOUSES, APRIL 8, 1772, Gentlemen of the Council, and Gentlemen of the House of Representatives, I HAVE, from time to time, regularly transmitted the applica- tions which have been made to me in former sessions, to convene the General Court in the town of Boston, together with the mes- sages, resolves, and votes, of every kind, which have passed upon that subject, and they have all been laid before the ^ King. This is all I could do, consistent with my duty ; for, as I have before ob- served to you, I prorogued the Court to Cambridge, upon a sig- nification of his Majesty's pleasure to that purpose, and I may not remove it to Boston without his Majesty's permission. Our most gracious Sovereign is ever ready to afford a favorable attention to such petitions and requests of his subjects, as do not tend to injure the constitution, and are, in other respects, reasona' 40 314: MASSACHUSETTS STATE PAPEHS. ble to be granted ; and if you had desired me to carry the Court to Boston, because it is the most convenient place, and the pre- rogative of the Crown to instruct the Governor to convene the Court at such place as his Majesty may think proper, had not been denied, I should have obtained leave to meet you at Boston, at this time ; but I shall not be at liberty to do it, whilst this denial is persisted in. If you shall desist from it, and the removal of the Court to Boston, shall, for other reasons, be judged expedient, I have authority to acquaint you, that his Majesty will allow me to comply with your wishes. I have received, in the recess of the Court, a letter from his Excellency William Tryon, Esq. Governor of his Majesty's pro- vince of New York, proposing, with great candor, measures for the settlement of the boundary line between the two provinces. The Secretary will lay a copy of this letter before you. I recom- mend the subject of it to your consideration, and shall be willing to contribute every thing in my power, to finish this long subsist- ing controversy. Gentlemen of the House of Representatives, Upon inquiry into the state of the treasury, I find there are sur- pluases of funds which have been established for the payment of sums borrowed for the charges of government in past years, and these, together with other unappropriated stocks, are more than equal to the sum which is necessary to satisfy the present demands upon the treasury, and to provide for the service of the advancing year. The Treasurer will lay before you the state of the treasury, and an estimate of the sums requisite for its supply. It is with you, to originate such a bill as you shall judge proper. Gentlemen of the Council, and Gentlemen of the House of Representatives, Much time is usually spent by the General Court in considering petitions for new trials at law, for leave to sell the real estates of persons deceased, by their executors, or administrators, and the real estates of minors, by their guardians. All such private busi- ness is properly cognizable by the established judicatories. If it be necessary that further powers should be given to such judica- tories, or that new courts should be erected, I am willing to con- sent to any good and wholesome law, or laws, for those purposes. A legislative body, consisting of three distinct parts, the consent of each of which, is necessary to every valid act, is extremely im- proper for such decisions. The polity of the English government seldom admits of the exercise of this executive and judiciary power by the Legislature, and I know of nothing special in the govern- ment of this province, to give countenance to it- MASSACHUSETTS STATE PAPERS. 315 Tlieie shall be no delay on my part, in the business of the ses- sion, and I Avill lay nothing unnecessary before you. , T. HUTCHTNSON. ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR'S SPEECH, APRIL 10, 1772. May it please your Excellency, The House of Representatives have duly considered your speech to both Houses, at the opening of this session. Your Ex- cellency is pleased to acquaint us, that, " if we had desired you to carry the Court to Boston, because it is the most convenient place ; and the prerogative of the Crown to instruct the Governor to con- vene the Court at such place as his Majesty may think proper, had not been denied ; you should have obtained leave to meet us in Boston, at this time ; but that you shall not be at liberty to do so, whilst this denial is persisted in." We have maturely considered this point : and are still firml^^in opinion, that such instruction is repugnant to the royal charter, wherein the Governor is vested with the full power of adjourn- ment, proroguing and dissolving the General Assembly, as he shall judge necessary. Nothing in the charter, appears to us to afford the least grounds to conclude, that a right is reserved to his Ma- jesty of controling the Governor, in thus exercising this full power. Nor indeed does it seem reasonable that .there should ; for, it be- ing impossible that any one, at the distance of three thousand miles, should be able to foresee the most convenient time or place of hold- ing the Assembly, it is necessary that such discretionary power should be lodged with the Governor, who is, by charter, constantly to reside within the province. We are still earnestly desirous of the removal of this Assembly to the Court House, in Boston ; and we are sorry that your Ex- cellency's determination thereon, depends upon our disavowing these principles ; because we cannot do it consistently with the duty we owe our constituents. We are constrained to be explicit at tnis time ; for if we should be silent, after your Excellency has recommended it to us, as a necessary preliminary, to desist from saying any thing upon this head, while we request your Excellency for a removal of tlie Assembly, for reasons of convenienc* only, it might be construed as tacitly conceding to a doctrine injurious to the constitution, and in effect, as rescinding our own record, of which we still deliberately approve. 316 MASSACHUSETTS STATE PAPERS. The power of adjourning and proroguing the General Assembly, is a power in trust, to be exercised tor the good of the province ; this House have a right to judge for themselves, whether it was thus exercised. We cannot avoid taking this occasion, freely to declare to your Excellency, that the holding of the Assembly in this place, without any good reason which we can conceive of, un- der the many and great inconveniences which this, and former Houses, have so fully set forih to your Excellency, is, in our opinion, an undue exercise of power : and a very great grievance, which we still hope will soon be fully redressed. Your Excellency may be assured, that this House will, with all convenient despatch, take into our most serious consideration, that part of your speech which concerns the establishment of a parti- tion line between this province and the province of New York ; and that we will, with great candor, contribute every thing in our power, to accomplish the same equitable terms. The other parts of your Excellency's speech, have had the pro- per attention of the House ; and we are determined, during the remainder of the session, which must be short, to consult his Ma- jesty's real service — the true interest of the province. [The Speaker, (Mr. Gushing,) Mr. S. Adams, Mr. Hobson,Capt. Heath, Maj. Foster, Mr. Ingersol, and Mr. Denny, were the com- mittee.] SPEECH OF THE GOVERNOR TO BOTH HOUSES, APRIL 25, 1772, Gentlemen of the Council, and Gentlemen of the House of BepresentativeSf I THANK you for the despatch which you have given to the public business, and for that harmony, which has generally prevailed in the course of the present session. I am sorry that there is any material point remaining, in which the several branches of the Legislature cannot yet agree. The opinion of the House of Representatives, declared in their message to me, that the removal of the Assembly from Boston, by force of an instruction from his Majesty, is an undue exercise of power, and a great grievance, difters widely from my own opinion on the prerogatives reserved by the Crown, and the duty required of the Governor, by the constitution. In support of my opinion, I will lay before you, what appears to be the true spirit of the charter. I am not contending for victory, MASSACHUSETTS STATE PAPERS. 317 but I wisli to satisfy you, that there is no room to suggest, that the King has been the cause of grievance to his subjects, by giving an instruction to the Governor, which, by the constitution, his Majesty had no authority to give. 1 am likewise desirous that my own con- duct should appear in a favorable light to you, and to the good people of the province. It may be proper then, to observe, that the first charter to the Massachusetts colony having been vacated, our ancestors, sensi- ble of the necessity of some form of government, constitutionally derived from regal authority, humbly solicited the restoration of their charter, with such additional powers, as the Crown should think proper to grant ; and thereupon, to use the words of the House of Representatives, in the year 1728, " their late Majesties King William and Queen Mary, of glorious memory, were gra- ciously pleased to gratify the inhabitants here, and did grant to them certain powers, privileges, and franchises, to be used and employed for the benefit of the people ; and, in the same grant, reserved other powers to be used and exercised by the Crown, or the Governors sent by it, agreeable to the directions and instruc- tions contained in said grant, and their commissions, having refer- ence for their better guidance and directions, to the several powers and authorities mentioned in the said charter." It is further observable, that, by the first charter, the Crown had constituted a corporation in England, empowered to appoint, under its direction and instructions, Governors, and other officers, in the colony. By this second charter, the Crown reserves to itself the power of appointing and commissioning a Governor, and Lieu- tenant, or Deputy Governor. By their commissions, they were authorized to administer government, according to such instruc- tions as should be given by the Crown, in pursuance of the char- ter, and of such reasonable laws as should be in force. Now> although I cannot conceive of this transaction, as properly speak- ing, a treaty or compact, yet, it may be proper to observe, that, after the charter and commissions had been made public, and matter of record in the province, the Governor and Council, with the Representatives of the people, not only acquiesced in, and acted by virtue of, powers and authorities thus derived, alid thus limited by instructions, but by a law, or order, they required to be observed throughout tlie province, a day of solemn thanksgiving to Almighty God, for the distinguishing marks of royal favor in this settlement of government. This has been the tenor of the commissions to all succeeding Governors ever since, and their instructions have been, from time to time, as there has been occasion for it, communicated to the Council and to the House of Representatives, sometimes at their request, and have been entered in their minutes and journals, and I never heard that the King's authority to give such instructions, was ever called in question, until within these two years. In 318 MASSACHUSETTS STATE PAPERS. structions from the Crown have been, in fact, part of our constl- tutioa for fourscore years together. I will now endeavor to shew that there has not been any excep- tion taken to his Majesty's instruction, to remove the Assembly from the town of Boston, which will not equally avail against in- structions in general, or in any other particular case whatsoever. It has been said, that the Crown has parted with its prei-ogative of determining the time and place of convening the Assembly, and given it to the Governor, to be used as he shall judge necessary; therefore, an instruction which controls the Governor's discre- tion, the exercise of this power cannot be said to be an instruction in puz'suance of the charter, and agreeable to the constitution. I must observe to you, that all the powers which are given, by the charter, to the Governors, without the words, as he shall judge necessary, are as ample as those which are given with them, for the Governor is to exercise the general powers given him, accord- ing to his best discretion, which is, in other words, as he shall judge necessary. But, if you will attend to the charter, you will find a peculiar propriety in the use of the words, in that para- graph, for another purpose. The Governor is required to convene the Assembly, the last Wednesday in May, in every year, for the election of Counsellors, and this he must do, whether he judges it necessary or not ; but then, he is empowered to adjourn, prorogue, and dissolve it, from time to time, as he shall judge necessary; which words are used merely to denote, that he is not confined to any other time of convening the Court, except the last Wednesday in May. What pretence then, can there be, to distinguish this from any other power, or what exercise of power can there be, pursuant to the charter, by force of an instruction, if this is not.** If it be said, that, in other instances also, of power given to the Governor to use, according to his discretion, the King has parted with his prerogative, the reserve made by the Crown, to give in- structions to the Governor, can, in no case whatsoever, have any effect. The fallacy of the whole argument, will appear from this distinction. Where the charter gives any privilege to the people, as in the case just mentioned, of an Assembly to be held every last Wednesday in May, and the like, in such cases, an instruc- tion to restrain the Governor, may be said to be repugnant to the charter. Where it gives power to the Governor, to be used ac- cording to discretion, or, as he shall judge necessary, there an in- gtruction to direct or guide, in the exercise of such power, is not repugnant, but pursuant to the charter. And there is no contra- diction in it, for the Governor may very well be supposed to have general power of acting according to his own discretion, and, nevertheless, be subject in special instances, or on special occa- sions, to the contiol of royal wisdom or discretion. It has been further urged, as an objection to this particular in- struction, that the King, at the distance of three thousand miles, MASSACHUSETTS STATE PAPEBS. 319 cannot foresee the proper time and place for convening the Gene- ral Assembly. It is enough, for my present purpose, to observe, that his Majesty may have so full a knowledge of the state and circumstances of a particular town or place, as to be able to deter- mine that it is not proper to convene the Assembly there. Upon such knowledge, I doubt not, this instruction was founded, and I have no reason to expect that any other instruction w ill ever be given, which cannot be as well justified. There has been one more objection made to this exercise of the prerogative, viz. : That it is a power in trust, to be exercised for the good of the province, and the House of Representatives have a right to judge for themselves, whether it is thus exercised. If nothing more is intended, than, that the House of Representatives have a right to judge of the exercise of that, or any other part of the prerogative, and when they have any cause of complaint, to seek redress by representations to his Majesty, or in any consti- tutional way, I do not know that any body will deny it ; but then, I know not to what purpose it is adduced. If it be intend- ed, that, when the Governor, by his Majesty's order, convenes the Assembly at a time or place, which appears to them to be incon- venient or improper, they have, therefore, a right to refuse to appear, or refuse to proceed upon business, or that they have a right to continue to sit after the Governor has prorogued, or dis- solved the Assembly, in their judgment, unreasonably or unneces- sarily, will not this imply a contradiction ? Is it not allowing a full power to do a thing, and, at the same time, admitting a power to defeat it, and prevent the full power from having any ettect .'' Thus, I think I have obviated all the objections which have been made to this instruction, in particular. I have already observed to you, that instructions, in genei-al, are supported by your char- ter 5 I must now add, that, had no such express provision been made, they would have been unexceptionable and constitutional. The King is the head of the government, not only in the realm, but in the plantations. Local distance will not admit of the ex- ercise of the royal authority in the plantations, by the King in person. This authority remains, notwithstanding, and, although it must be exercised by a substitute, yet, as much as may be ol the royal guidance and influence, is to be preserved and maintain- ed. This must be done by instructions for the general conduct of the Governor, and upon special occasions, as extraordinary un- foreseen events may make them necessary. But what benefit can we propose, if it should be admitted, that the Governor is not liable to be controled by instructions ? The reserve in the royal commission is not made to deprive the people of any privilege, but to restrain the Governor from using, to their oppression or hurt, or to the diminution of the just prerogative of the Crown, that power and authority with which he is entrusted. Shall we be more safe with a Governor, left altogether to his own 320 MASSACHUSETTS STATE PAPERS. discretion, than with one who is under the tontrol and guidance of our Sovereign ? The House of Representatives, to which I have befoie referred you, thonght not. In a message to the Gov- ernor, in the reign of his Majesty's royal grandfather, they very properly observe, " it is not reasonable we should confide in an}" Governor whatsoever, so much as in our gracious King, the com- mon father of all his people, who is known to delight in nothing so much, as in their happiness ; and whose interest and glory, and that of his royal progeny, are inseparable from the prosperity and welfare of his people ; whereas, neither the prosperity nor adversity of a people, attect a Governor's interest, when he has once left them." We have abundant reason, to adopt the same language and sen- timent in the reign of his present Majesty, who has nothing more at heart, than the happiness and prosperity of his subjects, in all parts of his dominions. In conformity to the charter, which limits the time of your con- tinuance, I am now obliged to dissolve an Assembly, which has discovered a very good disposition to such measures as tend to promote the prosperity of the province. I have great reason to believe, the people of the province in general, are in the same dis- position, and that I shall meet a new Assembly, as well inclined to the like measures. T. HUTCHINSON. SPEECH OF THE GOVEKNOR TO THE TWO HOUSES, MAY 28, 1772. Gentlemen of the Council, and Gentlemen of the House of Representatives , In conformity to the powers and privileges granted by the royal charter, you have been convened at this place, in order to the election of Counsellors for the ensuing year; and this busi- ness being finished, you have now an opportunity of proceeding to the consideration of such other public aftairs as may properly come before you. In every measure, as far as shall consist with my duty to the King, and with the welfare and prosperity of the province, I will cheerfully concur with you. I have nothing in special command from his Majesty, to lay be- fore you. Most of you are so well acquainted with the usual bu- siness of the General Assembly, at this annual session, that I need not particularly point it out to you. I transmitted, by the first opportunity, to his Excellency the MASSACHUSETTS STATE PAPERS. 321 Governor of New York, a copy of the act of the last Assembly, appointing commissaries, in order to the settlement of the line be- tween the two provinces. I doubt not I shall soon receive an an- swer, and be able to communicate it to you. In the course of the session I shall probably propose to you, by message, the consider- ation of some other public matters, tor which, at present, I am not fully prepared. T. HUTCHINSON. ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, MAY 29, 1772. May it 'please your Excellency, The House of Representatives have deliberately considered your speech at the opening of this session. Your l^xcellency is pleased to say, that, " in conformity to the powers and privileges granted by the royal charter, we have been convened at this place, in order to the election of Counsellors for the ensuing year." It is a charter riglit, that a General Assembly shall be convened on the last Wednesday in May, annually, for the choice of Counsel- lors ; but the convening and holding the General Assembly at Harvard College, in Cambridge, is a measure very grievous to us ; and it requires the greatest degree of candor, to suppose it to be for the good of the people, Avhich is the sole end for which the powers vested in you, by the charter, were granted. The Town House, in Boston, is the accustomed ancient place for holding the General Assembly, and where alone provision is made for it. It does not appear to us, that there was any necessity for convening the Assembly in this place, nor can we conceive of any for continuing it here. Without such necessity, the continuing the Assembly in any other place than the Town House, in Boston, will be a very great grievance, and an undue exercise of your power. And, as we cannot, without the greatest inconvenience, proceed to the consideration of the public business in this place, which is very pressing, and greatly in arrears, by reason of the prorogations the last year, we are constrained to lay before your Excellency, our earnest request, that you would be pleased to I'e- move the Assembly, to the Town House, in Boston, where we may, with the gieatest advantage and despatch, transact all such public matters as are now before us, together with such others, as your Excellency shall propose for our con-jideration. 41 322 MASSACHUSETTS STATE PAPERS. MESSAGE FllOI^I HIS EXCELLENCY THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, MAY 30, 1772. Gentlemen of the House of Representatives, I AGREE with you that the powers vested in me, by charter, are to be exercised for the good of the people, and I have made this the great object of my administration. I wish to avoid every thing which shall appear to you to be grievous ; and, although 1 cannot agree with you, that, unless there be a necessity of holding the Court in some other place than the town of Boston, it must, therefore, be a grievance to remove it from thence ; yet, I will take the subject matter of your message into consideration, and if it shall not appear to me necessary for his Majesty's service, and the good of the province, to continue the Court in some other place than the town of Boston, I will comply with your desire and remove it there. If it shall appear to me necessary to continue it in some other place, although, by the constitution, I am made the judge of that necessity, yet, I will endeavor by another message, to convince you of it, that you may proceed in your business, with the greater satisfaction. ' T. HUTCHINSON. MESSAGE f ROM HIS EXCELLENCY THE GOVERNOR TO THfi HOUSE OB REPRESENTATIVES, JUNE 3, 1772. Gentlemen of the House of Representatives, As I wish to have a just understanding of every expression in any message which comes to me from the House of Representatives, I must desire you to acquaint me, whether, when you say in your message of the 29th May, that it does not appear to you there was any necessity of convening the Assembly at Cambridge, you intend my convening it there when I first removed it from Boston, or my convening it there the present year. As soon as I am ascertained of this, I shall be ready to give you a full answer to your mes- sage. T. HUTCHINSON. MASSACHUSETTS STATE PAPERS. 3S3 ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, JUNE 3, 1772. May it please your Excellency, In answer to your message of this clay, this House beg leave to say. that they judge the intention of the expression, particularly referred to by your Kxcellency, as well as of all other expressions in their message of the 29th of May, to be sufficiently clear and plain, and, therefore, it is altogether needless to make any expla- nation of them ; and hope your Excellency will not delay to give a full answer to that message. MESSAGE FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE QP REPRESENTATIVES, JUNE 3, 1773, Gentlemen of the House of Representaiives, I MUST govern myself by the measure, not of your understand- ing, but my own. What appears to you to be sufficiently plain, appears to me to be doubtful and equivocal. As it may be con- strued one way or the other, so in complying with your desire, founded upon this, among other reasons, 1 should, or should not, conform to the instructions of the King, whose servant I am. As reserved as you have been in your, message to me, I will be unre- served and open with you. Whilst you dispute the authority by which I removed the Court from Boston, I do not intend to carry it thither again ; and whensoever [ shall receive his Majesty's instructions for exercising the just prerogative of the Crown, in any case, I will observe them without violation in any degree ; and when your intention in any message appears to me uncertain, and you refuse to make it certain, I think it will be a sufficient justifi- cation for my refusal to do any thing in consequence of such mes- sage, so long as the uncertaintv remains. T. HUTCHINSON. MASSACHUSETTS STATE PAPERS. MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOB, JUNE 6, 1772. May it please your Ejccellency, The House of Representatives beg leave to acquaint your Excellency, that a motion was made on the first Friday of this session, to assign a time for the consideration of a suitable grant for the support of his Majesty's Governor of the province. But, it being suggested to the House, that your Excellency was not pleased, the last year, to give your consent to a bill, which passed both Houses of Assembly, in their first session, for granting the sum of thirteen hundred pounds for the support of your Excellency, the House thought proper to direct the attendance of the Secretary, to give information touching this matter, who, expressly said, that your Excellency did not give your consent to said bill. This House is wholly at a loss to account for that measure, un- less provision is made for the support of your Excellency, other- wise than by the grants and acts of the General Assembly of the province. By the royal charter, it is incumbent upon the General Assem- bly to make adequate provision for the support of his Majesty's government of this province, and every act for the making such provision, is to be originated by the House of Representatives. The support of his Majesty's Governor of the province, is an important part of the support of his Majesty's government here. If provision is made for the support of your Excellency, other- wise than by the grants and acts of the General Assembly, it is absolutely requisite that this House should be acquainted with it. They, therefore, pray, that your Excellency would be pleased to inform them, whether provision is made for the support of your Excellency, as Governor of this province, in any way and manner, other than has been heretofore used and practised, to wit, by the grants and acts of the General Assembly ; and, if it is so, in what way and manner that provision is made. MESSAGE FROM HIS EXCELLENCY THE GOVERNOR TO THE HOUSE Ot REPRESENTATIVES, JUNE 13, 1772. Gentlemen of the House of Representatives, By inspecting the journal of the proceedings of the House of Representatives, in April, 1771, you will find, that, in answer to MASSACHUSETTS STATE PAPERS. 32o a message from the House, I then observed, that his Majesty has been enabled, by an act of Parliament, to make a certain and ade- quate provision for the support of the civil government in the col- onies, as his Majesty shall judge necessary. I am now able to acquaint you, that his Majesty has been gra- ciously pleased to make pi-ovision for my support, in the station, in which he has thought fit to place me ; and, as this is judged to be an adequate support, I must conclude it cannot be his Majes- ty's pleasure, that, without his special permission, which has not yet been signified to me, 1 should accept of any grant from the province, in consideration of the ordinary government services done, or to be done, by me. T. HUTCHINSON. [The General Court was then adjourned to Boston, to meet on the 16th.] MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REFRESENTATH'ES. JULY 10, 1772. Gentlemen of the House of Representatives, I AM informed, that, in consequence of my answer to your message of the 6th of June, you have passed certain votes, or re- solves, which you have ordered to be entered upon your journals. It may be of importance to his Majesty's service, that I should have as early knowledge, as may be, of the proceedings of the House of Representatives, especially in matters of this nature, I must desire you to direct, that I be furnished with an attested copy of such votes or resolves, from your journals, if any sucii have been ordered to be entered there. T. HUTCHINSON. REPORT AND RESOLUTIONS ADOPTED BY THE HOUSE OF REPRESENTATIVES, JULY 10, 1772.' That the making provision for the support of the Governor of the province, independent of the grants and acts of the General * This report was made on the 4th, but was ordered to lie for a revision. The committet^, by whom this report, and the message of same date, were prepared, consisted of the Speaker, Maj. Hawley, Mr. S, Adams, Col. Worthingrton, Mr. Hancock, Col. WilKams, Capt. Heatir, Col. Warren, and Col. Bowers.. 326 MASSACHUSETTS STATE PAPERS. Assembly, is, in the opinion of the committee, an infraction upou the rights granted to the inhabitants, by the royal charter, and in derogation of the constitution. The charter of this province, is a most solemn contract, not only between King William and Queen Mary, by whom it was granted, of the one part, and the inhabitants of the province, of the other ; but also between the heirs and successors of their royal Majesties, and the successors of the said inhabitants forever. This appears from the very words and tenor of the charter. By the said cliarter, it is established and ordained, " That there shall be one Governor, to be, from time to time, appointed and commissioned by t!ie King :" and, it is also herein expressly granted, that " the General Assembly shall have full power and authority to impose and levy reasonable rates and taxes for the support of his Majesty's government of the province ;" of which, the support of the Governor is a most material and important part. That the great and General Court or Assembly, of this province, is, by the charter, vested with the exclusive right of judging what is an adequate support of his Majesty's government of this pro- vince, and of determining in what way and manner, provision for that purpose shall be made, appears not only from the natural and obvious sense and meaning of the words and terms of the char- ter, but from the constant and uninterrupted usage and practice upon that charter, for more than eighty years, from the time when it was granted. That the support of the Governor is part of the support of the government of the province, not only has been the constant sense of the General Assemblies of this province; but it also appears, from the act of the British Parliament, referred to in his Excel- lency's message, and his Majesty's determination therein ; for in the message, his Excellency informs the House, that he had ob- served in his answer to a message of a former House, " that his Majesty had been enabled, by an act of Parliament, to make a cer- tain and adequate provision for the support of civil government in the colonies." And in this message he declares, that " he is able to acquaint the House, that his Majesty has been graciously pleased to make provision for his support in the station, in which he has thought fit to place him ;" by which, his Excellency cannot be un- derstood to intend any other than his station as Governor of this province. And by the connexion of the several parts of the mes- sage, it is most plainly to be inferred, that his Excellency would acquaint the House, that his Majesty had made that provision in consequence of, and by the power vested in him, by an act of Par- liament, which enabled him to make provision for the support of the civil government of the colonies. So that, unless it should be supposed that his Majesty himself hath mistaken the true sense of the act, it is evidently the opinion of the British Parliament, that MASSACHUSETTS STATE PAPERS. 327 the support of a Governor is part of the support of the government of a colony. That the power and authority of providing for tlie support of the Governor, should be vested in the General Assembly, is neces- sary to preserve the freedom of the constitution. For, if tiie King, who has the absolute power of appointina; and commission- ing the Governor, shall also have the power of judging and deter- mining what shall be a reasonable and adequate support for Iiim, and of the ways and means of making provision for tliat purpose, there remains no check at all upon the power, devolved by cliarter, on the Crown. And a power witiiout a check, is, so far forth, de- structive of the freedom of the constitution. Moreover, this is a most dangerous innovation, as it affords a precedent for future more extensive evil of the same kind. For, with equal reason, ma}^ the Crown take and exercise the power of judging and determining what shall be an adequate support for every other part of civil government, and the ways and means of making provision therefor ; which would take away the freedom of tiie constitution, and establish arbitrary government within the province. Although it may not be affirmed, that the Governor, by being altogether dependent upon the Crown for his support, becomes positively vested with any new powers which were not granted to him by the charter, or that his department in government is en- larged, yet, the relation he before stood in to the people, by his de- pendence on them, is altered. That check upon the exercise of the powers that are vested in him, by the charter, which was evi- dently designed to remain in the General Assembly, is annihilated ; and he may, if he pleases, exercise even his constitutional powers, in such a manner as sha^l be injurious and oppressive to the peo- ple, without restraint. He is, therefwe, a Governor, not depend- ent upon the people, as the charter prescribes, and, consequently not, in that respect, such a Governor as the people consented to, at the granting thereof. The support of government, and the means of its defence, ought to depend, and, in all free governments, it does depend upon the grants of the people, made by Representatives of their own free election, and the acts of the Legislative. And adequate provis- ion is thus made for these purposes, as is judged and determined by the Representatives of the people to be reasonable ; propor- tioned to their abilities, and the station and merit of those who are entrusted with the administration. This has been claimed as the undoubted right of the Parliament and people of England, and so adjudged, for many ages past. As it is clearly the right of the Legislative of this province, the General Assembly have always made adequate provision for the support of the Governor. The advice, therefore, given to his Ma- jesty, to take upon himself the payment of his Governor, must 328 MASSACHUSETTS STATE PAPERS. have been grounded upon false information, or proceeded from a temper inimical to the good people of this province. Whatever may have been the design of administration, it is a measure, where- by, not only the just right of the General Assembly of this province is rescinded, but the highest indignity is thrown upon it ; as though it was either not disposed to make adequate provision for, or not the competent judges of, the support of the government, upon which the safety and welfare of the people depends. For these reasons, the committee beg leave, further to report the following resolutions, for the consideration and acceptance of the House. Whereas, in and by the charter of this province, the full power and authority to impose and levy proportionable and reasonable rates and taxes upon the estates and persons of all and every the pro- prietors and inhabitants of the province, for his Majesty's service, in the necessary defence and support of his government therein, is vested in the General Assembly : and the rates and taxes by them imposed and levied for the purposes aforesaid, are to be dis- posed of, according to such acts as are, or shall be in force therein : And, whereas the support of his Majesty's Governor of the pro- vince, is one material and most important part of the support of his Majesty's government therein : 1. Resolved, That, by virtue of the full powder and authority granted by the charter as aforesaid, the General Assembly is the constituted judge of the adequate support of his Majesty's Gover- nor, and the rates and taxes necessary to be imposed and levied for that purpose ; therefore, £. Resolved, That the imposing and levying rates and taxes, and making provision for the support of the Governor, otherwise than by the grants and acts of the General Assembly, is an infrac- tion upon the charter in a material point, whereby a most impor- tant trust is wrested out of the hands of the General Assembly, and it is deprived of a most important part of Legislative power and authority vested therein by the charter, and necessary for the good and welfare of the province, and the support and government thereof. S. Resolved, That the General Assembly of this province, hath ever since the charter was granted, from time to time, by their own grants and acts, made suitable and adequate provision for the support of his Majesty's Governor thereof. 4. Resolved, That the Governor's having and receiving his sup- port independent of the grants and acts of the General Assembly, is a dangerous innovation, which renders him a Governor not de- pendent on the people, as the charter has prescribed, and conse- quently, not, in that respect, such a Governor as the people con- sented to, at the granting thereof. It destroys that mutual check and dependence, which each branch of the Legislative ought to have upon the others, and the balance of power which is essential MASSACHUSETTS STATE PAPERS. 329 to all free governments. And this House do most solemnly pro- test, that the innovation is an important change of the constitu- tion, and exposes the province to a despotic administration of gov- ernment. And, whereas, the General Assembly hath, from the beginning, made ample provision for the support of his Majesty's Governor: 5. Resolved, That the advice given to his Majesty, that it was necessary for his Majesty's service, and the good and welfare of this province, that certain and adequate provision should be made for the support of the Governor thereof, otherwise than as has been the invariable practice, by the grants and acts of the Gen- eral Assembly, was, in the opinion of this House, either grounded on false information, or it proceeded from a temper inimical, as well to his Majesty, as to the people of this province. 6. Resolved, That a message go up to his Excellency the Gov- ernor, assuring him, that this House is ready to make him the usual annual grant, and other ordinary provision for his support; provided, his Excellency will accept the same, in full considera- tion " of the ordinary services of government done, or to be done, by him ;" and praying his Excellency, that if he is determined in his opinion, that he cannot, " without his Majesty's special per- mission, accept of any grant from the province," for his support, as Governor thereof, he would make application to his Majesty, that he would be graciously pleased to give further order, that his Ex- cellency may, without restraint, receive his whole support from this government, according to ancient and invariable usage. MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE OOVERNOBji JULY 10, 1772, May it please your Excellency, The House of Reprt ^entatives, after the most deliberate con- sideration of your message of the ISth June, are of opinion, that the making provision for your Excellency's support m the station, in which his Majesty has ueen pleased to place you, ..i Governor of this province, independent of the grants and acts of the General Assembly, and your Excellency's receiving the same, is an infrac- tion on the rights granted to the inhabitants of the province, hj the royal charter, and in derogation of the freedom of the civil constitution. This House is ready, with cheerfulness, to make the usual annual grant, and other ordinary provision ; provided 42 330 MASSACHUSETTS STATE PAPERS. your Excellency will receive the same for your whole support, as Governor of the province. Your Excellency has been pleased to signify to the House, your opinion, that you cannot, without his Majesty's special permission, receive any grant from the province, for your support, as Governor. If your Excellency is fully determined in this opinion, we pray you to make application to his Majesty, that he would be graciously pleased to give further orders, whereby you may, without any re- straint, receive your support from this government, according to ancient and invariable usage. ** MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, JULY 13, 1772. Gentlemen of the House of Representatives, I THINK it incumbent on me, to put you in mind of the ruin- ous state of the Province House, with the yards, out houses, and appendages. I imagine it must cost double the sum to repair it the next year, as will be sufficient at present, and it is most pro- bable, that I shall not be able to keep my family there another winter. It would be most agreeable to my inclination, to reside wholly at my house in the country, and it is for the convenience of the inhabitants of the town of Boston, and other persons who occasionally come there, and have public business to transact, that I spend so much of my time in Boston. When the house pro- vided for the Governor, is not in a tenantable repair, I think there can be no exception, if I change the place of my residence. T. HUTCHINSON. MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, JULY 14, 1772. May it please your Excellency, In answer to your message of yesterday, this House beg leave to observe, that they are not uiiapprized that the Province House is out of repair, and that expense might be saved, by making such MASSACHUSETTS STATE PAPEItS. 331 repairs as are necessary, as soon as may be. But, that building was procured for the residence of a Governor, whose whole sup- port was to be provided for by the grants and acts of the General Assemblj^, according to the tenor of the charter ; and, it is the opinion of this House, that it never was expected by any Assem- bly of this province, that it would be appropriated for the resi- dence of any Governor, for whose support, adequate provision should be made in another way. Upon this consideration, \yecau- not think it our duty to make any repairs, at this time. Your Excellency may be assured, that this House is far from be- ing influenced by any personal disrespect. Should the time come, which we hope for, when your Excellency shall think yourself at liberty to accept of your whole support from this province, accord- ing to ancient and invariable usage, we doubt not, but you will then find the Representatives of this people ready |;p provide for your Excellency a house, not barely tenantable, but elegant. In the mean time, as your Excellency receives from his Majesty a certain and adequate support, ve cannot have the least appre- hensions that you will be so far guided by your own inclination, as that you will make any town in the province the place of your residence, but where it shall be most conducive to his Majesty's service, and the good and welfare of the people. [The committee who reported this message, were, Maj. Haw- Iey,*Mr. Ingersol, Mr. Adams, Mr. Bacon, and Capt. Heath.] MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, JULY 14, 1772. Gentlemen of the House of Representatives , In consequence of my message to you, of the 10th instant, you have caused to be laid before me the report of a committee, ac- cepted, and ordered to be entered upon your journals. This re- port contains certain resolves or declarations, which, as I conceive, are not well founded, but, on the contrary, tend to alter the con- stitutional dependence of this colony upon the Crown, and upon the Supreme Legislative authority of Great Britain. The sum of those resolves or declarations, maybe comprized in a few words. You have declared, that the support made for the Governor, by other powers than the legislative authority of this province, is a material infraction upon the charter ; Uiat the Gov- ernor is thereby rendered not dependent on the people, as the charter has prescribed, and consequently not, in that respect, such 332 MASSACHUSETTS STATE PAPERS. a Governor as the people consented to ; that tlie mutual check and dependence of the branches of the Legislature is destroyed, and the province exposed to a despotic administration. You have likewise asserted, that the Assemblies, ever since the charter, have made adequate provision for the support of the Governor; that the advice to his Majesty to make provision for this support, proceed- ed from false information, or from a temper inimical to his Ma- jesty, and to the people of this province, and you have desired me to make application to his Majesty, that I may, without restraint, receive my whole support from this government, according to an- cient and invariable usage. In support of tliese declarations, you have first alleged, that the charter is a solemn contract between King William and Queen Mary, and their successors, on the one part, and the inhabitants of this province forever, on the other. If you meant no more by a solemn contract, than what is implied between the Crown as the grantor of certain powers and privileges, and the inhabitants of the colony as the grantees, by which they acquire a right to the use of those powers and privileges, until the charter in whole, or in part, shall be legally vacated, I would take no exception; but when you afterwards allege, that, by virtue of this contract, a power devolved on the Crown, of appointing a Governor, there is. too great room to apprehend, that some may suppose this contract to be something of the nature of the pacta conventa^ or covenants settled by treaty, between two independent states, which supposi- tion would have such a dangerous tendency, that it is necessary for me to define very particularly, the nature of a charter from the Crown, upon the principles of the English constitution, and to re- mind you of the particular circumstances which attended the grant of your charter. It is a part of the prerogative of the Crown, as w^ell as of the power and authority of Parliament, to constitute corporations or political bodies, and to grant to such bodies a form of government, and powers of making and carrying into execution such laws, as from their local, or other circumstances, may be necessary, the Supreme Legislative authority of the British dominions always re- maining entire, notwithstanding. Now, in order to share in the benefit of this authority, our ancestors, by their agents, did not propose a treaty, nor any thing of the nature of the pacta conventay which I have before mentioned, but, as subjects of England, first petitioned to Parliament, that by a legislative act, their vacated charter might be restored, and failing of success, afterwards, to use the words of the present charter, " made their humble appli- cation to King William and Queen Mary, that they would be gra- ciously pleased to incorporate their subjects in the colony, and to grant and confirm to them such powers, privileges, and franchises, as, in their royal wisdom, should be thought most conducing to their interest and service, and to the welfare and happy state of MASSACHUSETTS STATE PAPERS. 333 their subjects in New England." The powers thus granted, were not, as you strangely allege, devolved on the Crown by our an- cestors, but passed from the Crown to its subjects. By this char- ter, a General Court, or Assembly, is constituted, and among other powers granted to the Assembly, are those of making laws, not repugnant to the laws of England, and imposing rates and taxes for the service of the Crown, in the necessary defence and sup- port of the Government. You have taken pains to prove what would not have been denied, that the support of the Governor must be included in the support of the government ; and you say, that, by the grant of full power to raise taxes, you have acquired an exclusive right of supporting the Governor, and, therefore, the support of the Governor by the Crown, must be an infraction upon the charter. Consider, gentlemen, where this argument will carry you. The saijie clause which empowers the Assembly to tax the people for the support, empowers it also to tax for the defence of government. The defence and support of government are, in their nature, duties, attended with burdens, rather than privileges; the powers given to the Assembly to tax, are in order to compel to the performance of these duties. Can it be supposed, that this grant of power to compel the people to submit to this burden of taxes, for the defence of the government, should exclude the Crown from affording its aid for this defence, when it shall be necessary. If you are in danger of being attacked by a foreign power, has the Crown deprived itself of the right of ordering a fleet for your de- fence, and must the colony be lost to this power, and would you, in that case, refuse this aid, because you have an exclusive right of defending the govern;nent yourselves ? Your charter gives you equal right to this objection in the case of defence, as in the case of support. - Should not so heavy a charge against the Crown, as that of mak- ing an infraction upon your charter, and wresting out of your hands, powers vested in you, have had something more than this shadow of an argument for its support ? a support so feeble, that I have no need to call to my aid the act of Parliament, which ena- bles the Crown to do what has been done, and which, if your claim from the charter had been better founded than it is, would have been sufficient to have rendered it of no effect. ' If you fail of this exclusive right of supporting the Governor, your assei'tions that the charter prescribes a Governor dependent upon the people, and that you have not, in that respect, such a Governor as the people consented to, is altogether without founda- tion. You are equally unfortunate in your notions of the mutual check and dependence which each branch of the Legislature ouglit to have upon the other, as also in the nature of a free government, and of the English constitution. The mutual check which each branch of the Legislature ought 334 MASSACHUSETTS STATE PAPERS. to have upon the other, consists in the necessity of the concur- rence of all the branches, in order to a valid act; and when any one branch withholds this concurrence, it is properly a check upon the other two. So far as this may be said to be a dependence, I agree with you, but this is not sufficient for your purpose, for the same check will remain in each branch when the salary of the Governor is paid by the Crown, as when it is paid by the province. Now this check does not aftect that freedom and independence in each branch, which is the glory of the English constitution, and which will not admit that any one should be compelled by tlie others to any act against its judgment. If I should violate this freedom and independence of the Council, or House of Represent- atives, I should justly incur his Majesty's displeasure. Is it not reasonable, that the Governor should be entitled to the like share of freedom and independence, in the exercise of his judgment with the other branches ? That independence which cannot consist with a free government, and which the English constitution abhors, and which may properly be termed despotism, is a freedom in those who are vested with executive and judiciary powers, from the restraint of known established laws, and a liberty of acting according to their own will and pleasure. This restraint, in your constitution, will remain the same, whether the Governor receives his salary from the Crown, or from the province. Thus, by con- founding the sense and meaning of the words, check and depend- ence, you have given a plausible appearance to your argument. This is an artifice which has often been made use of by writers in newspapers, with design to give false notions of government, and to stir up discontent and disorder ; but I am far from attributing any such design to the Members of the House of Representatives in general. Let me add, that the English constitution is founded upon these principles of freedom. The King, Lords, and Commons, have this mutual check upon each other ; they are, notwithstanding, alto- gether free and independent, and, that this freedom may be pre- served entire in the Crown, we find, that ever since the hereditary revenues have ceased, a revenue, known by the name of the civil list, has been established among the first acts of every reign, not temporary, or from year to year, but during the life or administra- tion of the Prince upon the throne. I have reason to think, that if the Governors of this colony maybe made equally secure of an adequate provision for their support, the Crown will never inter- pose. You find the same spirit of freedom run through the several offi- ces in the English government. The salaries of such persons as are entrusted with the executive and judiciary powers, do not depend upon grants made by the House of Commons, in proportion to their abilities, station, and merit, as you say it is essential to a free government that they should do, but certain fixed salaries and MASSACHUSETTS STATE PAPERS. 335 emoluments are annexed to their officeB. Indeed, nothing can be more dissonant than your system from the spirit of the English constitution. You have made a forced construction of a clause in your char- ter, and have then made a very essential change in your constitu- tion, that it may agree with this construction. By your charter, the legislative power consists of three branch- es, and the consent of the Governor is expressly declared to be essential to every valid act of government. You say, notwith- standing, that he is constitutionally dependent upon the people for his support, and that this dependence is intended as a check. This check must be by withholding his support, when, in some case or other, he shall refuse to act, or act contrary^ in your judgment, to the duty of his station. If he gives up his own judgment, and conforms to yours, does not the act in such case cease to be the act of the Governor, and become the act of the House of Representatives, and will it not thus, so far destroy one branch of the constitution. Let me add further, if a Governor departs from his own judg- ment and conscience, is he not highly criminal, and will not the House of Representatives, Avhich compels him to it, be at least equally guilty with him ? I am sensible, that when all other exceptions to this representa- tion of your constitution are taken away, you will ask what secu- rity have we then against the oppression of a Governor ,'' The answer is obvious. The law and the constitution are your secu- rity ; if we depart from them, there is a power superior to him, to which he is accountable for his maleadministration. This is all the redress which can consist with the nature of a subordinate government. No state of government is perfect ; if we have all that perfection which the state we are in will admit of, we have no reason to com- plain. Indeed, we have no reason to fear ledress from any op- pression. So tender has been our most gracious Sovereign of the rights of his subjects, that, although I should humbly hope for royal forgiveness in case of inattention to some points, of no great im- portance, which might affect the prerogative, yet, I may not expect the forgiveness of any wilful invasion of your liberties. If, when you declare that the Assemblies, ever since the charter, have made an adequate provision for the support of the Governor, you intend a provision suitable to the dignity of his station, and not merely such, as in the judgment of the House, the particular merits of the Governor might require, you will not be able to main- tain your assertion ; on the contrary, it evidently appears, tliat in some instances the support of the Governor has been delayed un- til he has complied with the measures of the Assembly, and in others, defalcations have been made from it, in order to effect the same purpose. 336 MASSACHUSETTS STATE PAPER8. If you had known the provision made for the support of the Governor, to have been, as it probably was, in consequence of the advice of his Majesty's Privy Council, you would not have de- clared that such ailvice was grounded upon false information, or proceeded from a temper inimical to his Majesty, and to the peo- ple of this province. After thus declaring my opinion of your proceedings, and giv- ing you my reasons in support of such opinion, you will not expect that I should make my application to his Majesty, agreeable to one of your resolves, and to your message, by your committee, to al- low me to receive my whole support from this government. Your votes or resolves, I must transmit, to be laid before his Ma- I have had repeated occasion to make my humble application, that the doings of the House of Representatives may be consider- ed in the most favorable light. I will do the same upon this occasion. From my personal knowledge of the majority of the Members of the House, who voted for the acceptance of this report, I am well assured that they have not done it from sinister views and purposes, but, that they have been induced to form an erroneous opinion of the rights and powers of the several branches of this Legislature. I wish that this may palliate Avhat it is not in my power to justify or excuse. - T. HUTCHINSON. SPEECH OF THE GOVERNOR TO THE TWO HOUSES, JANUARY 6, 1773, Gentlemen of the Council, and Gentlemen of the House of Representatives, I HAVE nothing in special command from his Majesty to lay before you at this time ; I have general instructions to recommend to you,' at all times, such measures as may tend to promote that peace and order, upon which your own happiness and prosperity, as well as his Majesty's service, very much depend. That the government is at present in a disturbed and disordered state, is a truth too evident to be denied The cause of this disorder, ap- pears to me equally evident, i wish I may be able to make it ap- pear so to you, for then, I may not doubt that you will agree with me in the proper measures for the removal of it. I have pleased myself, for several years past, with hopes, that tlia cause would cease of itself, and the eifect witli it, but I am disappointed ; and I may not any longer, consistent with my duty to the King, and MASSACHUSETTS STATE PAPERS. 337 my regard to the interest of the province, delay communicating my sentiments to you upon a matter of so great importance. I shall be explicit, and treat the subject without reserve. I hope y(»u will receive what I have to say upon it, with candor, and, if you shall not agree in sentiments with me, I promise you, with candor, likewise, to receive and consider what you may offer in answer. When our predecessors first took possession of this plantation, or colony, under a grant and charter from the Crown of England, it was tneir sense, and it was the sense of the kingdom, that they were to remain subject to the supreme authority of Parliament. This appears from tlie charter itself, and from other irresistible evidence. This supreme authority has, from time to time, been exercised by Parliament, and submitted to by the colony, and hath been, in the most express terms, acknowledged by the Legisla- ture, and, except about the time of the anarchy and confusion in England, which preceded the restoration of King Charles the Second, I have not discovered that it has been called in question, even by private or particular persons, until within seven or eight years last past. Our provincial or local laws have, in numerous instances, had relation to acts of Parliament, made to respect the plantations in general, and this colony in particular, and in our Executive Courts, both Juries and Judges have, to all intents and purposes, considered such acts as part of our rule of law. Such a constitution, in a plantation, is not peculiar to England, but agrees with the principles of the most celebrated writers upon the law of nations, tnat " when a nation takes possession of a distant country, and settles there, that country, though separated from the principal establishment, or mother country, naturally becomes a part of the state, equally with its ancient possessions." So much, however, of the spirit of liberty breathes through all parts of the English constitution, that, although from the nature of government, there must be one supreme authority over the whole, yet this constitution will admit of subordinate powers with Legis- lative and Executive authority, greater or less, according to local and other circumstances. Thus we see a variety of corporations formed within the kingdom, with powers to make and execute such by-laws as are for their immediate use and benefit, the mem- bers of such corporations still remaining subject to the general laws of the kingdom. We see also governments established in the plantations, which, from their separate and remote situation, re- quire more general and extensive powers of legislation within them- selves, than those formed within the kingdom, but subject, never- theless, to all such laws of the kingdom as immediately respect them, or are designed to extend to them ; and, accordingly, we, in this province have, from the first settlement of it. been left to the exercise of our Legislative and Executive powers, Parliament occa- '^ '43 S3S MASSACHUSETTS STATE PAPEllS. sionally, though rarely, interposing, as in its wisdom has been judged necessary. Under this constitution, for more than one hundred years, the laws both of the supreme and subordinate authority were in gen- eral, duly executed ; oli'enders against them have been brought to condign punishment, peace and order have been maintained, and the people of this province have experienced as largely the ad- vantages of government, as, perhaps, any people upon the globe; and they have, from time to time, in the most public manner ex- pressed their sense of it, and, once in every year, have offered up their united thanksgivings to God for the enjoyment of these privileges, and, as often, their united prayers for the continuance of them. At length the constitution has been called in question, and the authority of the Parliament of Great Britain to make and establish laws for the inhabitants of this province has been, by many, de* nied. What was at first whispered with caution, was soon after openly asserted in print ; and, of late, a number of inhabitants, in several of the principal towns in the province, having assembled to- gether in their respective towns, and have assumed the name of legal town meetings, have passed resolves, which they have order- ed to be placed upon their town records, and caused to be printed and published in pamphlets and newspapers. I am sorry that it is thus become impossible to conceal, what I could wish had never been made public. I will not particularize these resolves or votes, and shall only observe to you in general, that some of them deny the supreme authority of Parliament, and so are repugnant to the principles of the constitution, and that others speak of this su- preme authority, of which the King is a constituent part, and to every act of which his assent is necessary, in such terms as have a direct tendency to alienate the affections of the people from their Sovereign, who has ever been most tender of their rights, and whose person, crown, and dignity, we are under every possible obligation to defend and support. In consequence of these re- solves, committees of correspondence are formed in several of those towns, to maintain the principles upon which they are founded. I know of no arguments, founded in reason, which will be suffi- cient to support these principles, or to justify the measures taken in consequence of them. It has been urged, that the sole power of making laws is granted, by charter, to a Legislature established in the province, consisting of the King, by his Representative the Governor, the Council, and the House of Representatives ; that, by this charter, there are likewise granted, or assured to the inhab- itants of the province, all the liberties aud immunities of free and natural subjects, to all intents, constructions and purposes what- soever, as if they had been bOrn within the realms of England ; MASSACHUSETTS STATE PAPERS. 339 that it is part of the liberties of English subjects, which has its foundation in nature, to be governed by laws made by their con- sent in person, or by their representative ; that the subjects in this province are not, and cannot be represented in the Parliament of Great Britain, and, consequently, the acts of that Parliament cannot be binding upon them. I do not find, gentlemen, in the charter, such an expression as sole power, or any words which import it. The General Court has, by charter, full power to make such laws, as arc not repug- nant to the laws of England. A favorable construction has been put upon this clause, when it has been allowed to intend such laws of England only, as are expressly declared to respect us. Surely then this is, by charter, a reserve of power and authority to Par- liament to bind us by such laws, at least, as are made expressly to refer to us, and consequently, is a limitation of the power given to the General Court. Nor can it be contended, that, by the limits of free and natural subjects, is to be understood an exemption from acts of Parliament, because not represented there, seeing it is provided by the same charter, that such acts shall be in force ; and if they that make the objection to such acts, will read the charter with attention, they must be convinced that tliis grant of liberties and immunities is nothing more than a declai*ation and assurance on the part of the Crown, that the place, to which their predecessors were about to remove, was, and would be considered "as part of the dominions of the Crown of England, and, therefore, that the subjects of the Crown so removing, and those born there, or in their passage thither, or in their passage from thence, would not become aliens, but would, throughout all parts of the English dominions, wherever they might happen to be, as well as within the colony, retain the liberties and immunities of free and natural subjects, their removal from, or not being born v/ithin the realm notwithstanding. If the plantations be part of the dominions of the Crown, this clause in the charter does not confer or reserve any liberties, but what would have been enjoyed without it, and what the inhabitants of every other colony do enjoy where they are without a charter. If the plantations are not the dominions of the Crown, will not all that are born here, be considered as born out of the liegeance of the King of England, and, whenever they go into any parts of the dominions, will they not be deemed aliens to all intents and purposes, this grant in the charter notwithstand- ing? They who claim exemption from acts of Parliament by virtue of their rights as Englishmen, should consider that it is impossible the rights of English subjects should be the same, in every respect, in all parts of the dominions. It is one of their rights as English subjects, to be governed by laws made by persons, in whose elec- ticJn they have, from time to time, a voice ; they remove from the kingdom, where, perhaps, they were in the full exercise of tliis 340 MASSACHUSETTS STATE PAPERS, right, to the plantations, where it cannot be exercised, or where the exercise of it would be of no benefit to them. Does it follow that the government, by their removal from one part of the domin- ions to another, loses its authority over that part to which they remove, and that they are freed from the subjection they were under before; or do they expect that government should relin- quish its authority because they cannot enjoy this particular right? Will it not rather be said, that by this, their voluntary removal, they have relinquished for a time at least, one of the rights of an English subject, which they might, if they pleased, have continued to enjoy, and may again enjoy, whensoever they will return to the place where it can be exercised ? They who claim exemption, as part of their rights by nature, should consider that every restraint which men are laid under by a state of government, is a privation of part of their natural rights j and of all the different forms of government which exist, there can be no two of them in which the departure from natural rights is exactly the same. Even in case of representation by election, do they not give up part of their natural rights when they consent to be represented by such person as shall be chosen by the majority of the electors, although their own voices may be for some other person ? And is it not contrary to their natural rights to be obliged to submit to a representative for seven years, or even one year, after they are dissatisfied with his conduct, although they gave their voices for him when he was elected ? This must, there- fore, be considered as an objection against a state of government, rather than against any particular form. If what I have said shall not be sufficient to satisfy such as ob- ject to the supreme authority of Parliament over the plantations, there may something further be added to induce them to an ac- knowledgment of it. which, I think, will well deserve their con- sideration. I know of no line that can be drawn between the supreme authority of Parliament and the total independence of the colonies : it is impossible there should be two independent Legisla- tures in one and the same state ; for, although there may be but one head, the King, yet the two Legislative bodies will make two governments as distinct as the kingdoms of England and Scotland before the union. If we might be suffered to be altogether inde- pendent of Great Britain, could we have any claim to the protec- tion of that government, of which we are no longer a part f With- out this protection, should we not become the prey of one or the other powers of Europe, such as should first seize upon us .►' Is there any thing which we have more reason to dread than inde- pendence ? I hope it never will be our misfortune to know, by experience, the difference between the liberties of an English col- onist, and those of the Spanish, French, or Dutch. If then, the supremacy of Parliament over the whole British do- Tninions shall no longer be denied, it will follow that the mere ex- MASSACHUSETTS STATE PAPERS. 341 ercise of its authority can be no matter of grievance. If it has been, or shall be exercised in such way and manner as shall ap- pear to be grievous, still this cannot be sufficient ground for im- mediately denying or renouncing the authority, or refusing to sub- mit to it. The acts and doings of authority, in the most pertect form of government, will not always be thought just and equitable bv all the parts of which it consists ; but it is the greatest absurd- ity, to admit the several parts to be at liberty to obey, or disobey, according as the acts of such authority may be approved, or dis- approved of by them, for this necessarily works a dissolution ot the government. The manner, then, of obtaining redress, must be by representations and endeavors, in such ways and forms, as the established rules of the constitution prescribe or allow, in order to make any matters, alleged to be grievances, appear to be really such ; but, I conceive it is rather the mere exercise of this authority, which is complained of as a grievance, than any heavy burdens which have been brought upon the people by means of it. As contentment and order were the happy effects of a constitu- tion, strengthened by universal assent and approbation, so discon- tent and disorder are now the deplorable effects of a constitution, enfeebled by contest and opposition. Besides divisions and ani- mosities, which disturb the peace of towns and fatnilies, the law m some important cases cannot have its course j offenders ordered, by advice of his Majesty's Council, to be prosecuted, escape with impunity, and are supported and encouraged to go on offending? the authority of government is brought into contempt, and there are but small remains of that subordination, which was once very conspicuous in this colony, and which is essential to a well regu- lated state. , , J .^ ^ . , When the bands of government are thus weakened, it certainly behoves those with whom the powers of government are entrusted, to omit nothing which may tend to strengthen them. I have disclosed my sentiments to you without reserve. Let me entreat you to consider them calmly, and not be too sudden in your determination. If my principles of government are right, let us adhere to them. With the same principles, our ancestors were easy and happy for a long course of years together, and I know of no reason to doubt of your being equally easy and happy. The people, influenced by you, will desist from their unconstitu- tional principles, arid desist from their irregularities, which are the consequence of them ; they will be convinced that every thing which is valuable to them, depend upon their connexion with their parent state ; that this connexion cannot be carried in any other way, than such as will also continue their dependence upon the supreme authority of the British dominions ; and that, notwith- standing this dependence, they will enjoy as great a proportion of those, to which they have a claim by nature, or as Englishmen, as can be enjoyed by a plantation or colony. $i2 MASSACHUSETTS STATE PAPERS. If I am wrong in my principles of government, or in the infer- ences which I have drawn from them, I wish to be convinced of my error. Independence, I may not allow myself to think that you can possibly have in contemplation. If you can conceive of any other constitutional dependence than what I have mentioned, if you are of opinion, that upon any other principles our connexion with the state from which we sprang, can be continued, communi- cate your sentiments to me with the same freedom and unreserv- edness, as I have communicated mine to you. I have no desire, gentlemen, by any thing I have said, to pre- clude you from seeking relief, in a constitutional way, in any cases in which you have heretofore, or may hereafter suppose that you are aggrieved ; and, although I should not concur with you in sentiment, I will, notwithstanding, do nothing to lessen the weight which your representations may deserve. I have laid be- fore you what I think are the principles of your constitution ; if you do not agree with me, I wish to know your objections ; they may be convmcing to me, or I may be able to satisfy you of the insufficiency of them. In either case, I hope we shall put an end to those irregularities, which ever will be the portion of a govern- ment where the supreme authority is controverted, and introduce that tranquillity, which seems to have taken place in most of the colonies upon the continent. The ordinary business of the session, I will not now particularly point out to you. To the enacting of any new laws, which may be necessary for the more equal and effectual distribution of jus- tice, or for giving further encouragement to our merchandize, fishery, and agriculture, which, through the divine favor, are al- ready in a very flourishing state, or for promoting any measures, which may conduce to the general good of the province, I wilt readily give my assent or concurrence. T. HUTCHINSON. ANSWER OP THE COUNCIL TO THE SPEECH OF GOVERNOR HUTCHINSON, OF JANUARY 6 JANUARY 25, 1773. May it please your Excellency, The Board have considered your Excellency's speech to both Houses, with the attention due to the object of it ; and, we hope^ with the candor you were pleased to recommend to them. We thank you for the promise, that, " if we shall not agree with you in sentiment, you will, with candor, likewise receive and consider what we may offer in answer." MASSACHUSETTS STATE PAPERS. 34J Your speech informs the two Houses, that this government is at present in a disturbed and disordered state ; that the cause ot this disorder is the unconstitutional principles adopted by the peo- ple, in questioning the supreme authority of Parliament ; and that the proper measure for removing the disorder, must be the substi- tuting of contrary principles. OuV opinion on these heads, as well as on some others, propei to be noticed, will be obvious, in the course ot the following ob- servations. , „ „ . With regard to the present disordered state of the government, it can have no reference to tumults or riots ; from which this gov- ernment is as free as any other, whatever. If your Excellency meant, only, that the province is discontented, and in a state ot uneasiness, we should entirely agree with you ; but you will per- mit us to say, that we are not so well agreed in the cause ot it. The uneasiness, which was a general one, throughout the colonies, began when you inform, the authority of Parliament was first called in question, viz. about seven or eight years ago. Your men- tioning that particular time, might have suggested to your t.xcel- lency the true cause of the origin and continuance of that uneasi- ness. . , At that time, the stamp act, then lately made, began to operate ; which, with some preceding and succeeding acts of Parliament, subjecting the colonies to taxes, without their consent, was the original cause of all the uneasiness which has happened since ; and has also occasioned an inquiry into the nature and extent ot the- authority, by which they were made. The late town meetings in several towns, are instances of both. These are mentioned by your Excellency, in proof of a disordered state. But, though we do not approve of some of their resolves, we think they had a clear right to instruct their Representatives in any subject they ap- prehended to be of sufficient importance to require it ; which ne- cessari'y implies a previous consideration and expression of their minds on that subject, however mistaken they may be concerning it. When a community, great or small, think their rights and privi- leges infringed, they will express their uneasiness in a variety ot ways; some of which, may be highly improper and criminal, bo far as any of an atrocious nature have taken place, we would ex- press our ablwrrence of tliem ; and, as we have always done, hith- erto, we shall continue to do every thing in our power, to discour- age and suppress them. But it is in vain to hope that this can be done effectually, so long as the cause of the uneasiness exists. Your Excellency will perceive that the cause you assign, is, by us, supposed to be an effect, derived from the original cause, above mentioned ; the removal of which, will remove its effects. To obtain this removal, we agree with you in the method pointed out in your speech, where you say, " the manner of obtaining re- dress must be by representation, and endeavors, in such ways and 344: MASSACHUSETTS STATE PAPERS. forms as the constitution allows, in order to make any matters al- leged to be grievances, appear to be really such. This method has been pursued repeatedly. Petitions to Parlia- ment have gone from the colonies, and from this colony in partic- ular ; but without success. Some of them, in a former Ministry, were previously shewn to the Minister, who, as we have been in- formed, advised the Agents to postpone presenting them to the House of Commons, till the first reading of the bill they referred to ; when, being presented, a rule of the House against receiving petitions on money bills, was urged for rejecting them, and they were rejected, accordingly ; and other petitions, for want of for- mality, or whatever was the reason, have had the same fate. This we mention, not by way of censure on that honorable House, but in some measure to account for the conduct of those persons, who, despairing of redress, in a constitutional way, have denied the just authority of Parliament ; concerning which, we shall now give our own sentiments, intermixed with observations on those of your Excellency. You are pleased to observe, that when our predecessors first took possession of this colony, under a grant and charter from the Crown of England, it was their sense, and the sense of the whole kingdom, that they were to remain subject to the supreme author- ity of Parliament ; and to prove that subjection, the greater part of your speech is employed. In order to a right conception of this matter, it is necessary to guard against any improper idea of the term supreme authority. In your idea of it, your Excellency seems to include imlimited authority ; for, you are pleased to say, that you know of no line ^ which can be drawn between the supreme authority of Parliament, and the real independence of the colonies. But if no such line can be drawn, a denial of that authority, in any instance whatev- er, implies and amounts to a declaration of total independence. But if supreme authority, includes unlimited authority, the subjects of it are emphatically slaves ; and equally so, whether residing in the colonies, or Great Britain. And, indeed, in this respect, all the nations on earth, among whom government exists in any of its forms, would be alike conditioned, excepting so far as the mere grace and favor of their Governors might make a difference, for from, the nature of government there must be, as your Excellency has observed, one supreme authority over the whole. We cannot think, that when our predecessors took possession ot this colony, it was their sense, or the sense of the kingdom, that they were to remain subject to the supreme authority of Parlia- ment in this idea of it. Nor can we find, that this appears from the charter ; or, that such authority has ever been exercised by Parliament, submitted to by the colony, or acknowledged by the Legislature. MASSACHUSETTS STATE PAPERS. 345 Supreme, or unlimited authority, can with fitness, belong only to the Sovereign of the universe ; and that fitness is derived from the perfection of his nature. To such authority, directed by infi- nite wisdom and infinite goodness, is due both active and passive obedience ; which, as it constitutes the happiness of rational crea- tures, should, with cheerfulness, and from choice, be unlimitedly paid by them. But, this can be said with truth, of no other au- thority whatever. If, then, from tlie nature and end of govern- ment, the supreme authority of every government is limited, the supreme authority of Parliament must be limited ; and the inquiry will be, what are the limits of that authority, with regard to this colony ? To fix them with precision, to determine the exact lines of right and wrong in this case, as in some others, is difficult ; and we have not the presumption to attempt it. But we humbly hope, that, as we are personally and relatively, in our public and private capacities, for ourselves, for the whole province, and posterity, so deeply interested in this important subject, it. will not be deemed arrogance to give some general sentiments upon it, especially as your Excellency's speech has made it absolutely necessary. For this purpose, we shall recur to those records which contain- the main principles on which the English constitution is founded 5 and from them make such extracts as are pertinent to the subject. Magna Charta declares, that no aid thall be imposed in the king- dom, unless by the Common Council of the kingdom, except to re- deem the King's person, &c. And that all cities, boroughs, towns, and ports, shall have their liberties and free customs ; and shall have the Common Council of the kingdom, concerning the assess- ment of their aids, except in the cases aforesaid. The statute of the 34th of Edward I. de tallio non concedendof declares, that no tallage or aid should be laid or levied by the King or his heirs, in the realm, without the good will and assent of the; Archbishops, Bishops. Earls, Barons. Knights, Burgesses, and oth- ers, the freemen of the commonalty of this realm. A statute of the 25th Edward III. enacts, that from thenceforth, no person shall be compelled to make any loans to the King, against his will, be- cause such loans were against reason and the franchise of the land. The petition of rights in the 3d of Charles I. in which are cited the two foregoing statutes, declares, that, by those statutes, and other good laws and statutes of the realm, his Majesty's subjects inherited this freedom, that they should not be compelled to con- tribute to any tax, tallage, aid, or other like charge, not set by common consent of Parliament. And the statute of the 1st of William III. for declaring the rights and liberties of the subject, and settling the succession of the Crown, declares, that the levying of money for, or to the use of the Crown, by pretence of prerogative, without grant of Par- liament for longer time, or in any other manner than the same is, or shall be granted, is illegal. 44 34() MASSACHUSETTS STATE 1»APE11S. From these authorities, it appears an essential part of the Eng- lish constitution, that no tallage, or aid, or tax, shall be laid or levied without the good will and assent.of the freedom of the com- monalty of the realm. If this could be done without their assent, their propert}' Avould be in the highest degree precarious ; or rather they could not, with fitness, be said to have any property at all. At best, they would be only the holders of it for the use of the Crown, and the Crown be the real proprietor. This would be vas- salage in the extreme, from which the generous nature of English- men have been so abhorrent, that they have bled with freedom in. defence of this part of their constitution, which has preserved them from it ; and influenced by the same generosity, they can never view with disapprobation, any lawful measures taken by us for the defence of our own constitution, which entitles us to the same rights and privileges with themselves. These were derived to us from common law, which is the inheritance of all his Majesty's subjects ; have been recognized by acts of Parliament, and con- firmed by the province charter, which established its constitution ; and which charter, has been recognized by acts of Parliament also. This act was made in the second year of the reign of his late Majesty George II. for the better preservation of his Majesty's woods in America, in which is recited the clause of the charter, reserving for the use of the royal navy, all trees suitable for masts ; and on this char- ter is grounded the succeeding enacting clause of the act ; and thus is the charter implicitly confirmed by act of Parliament. From all which it appears, that the inhabitants of this colony are clearly en- titled to all the rights and privileges of free and natural subjects ; which certainly must include that most essential one, that no aid or taxes be levied on them, without their own consent, signified by their Representatives. But, from the clause in the charter, relative to the power granted to the General Court, to make laws not repugnant to the laws of England, your Excellency draws this inference, that surely this is, by charter, a reserve of power and authority to Parliament, to bind us by such laws, at least, as are made to refer to us, and con- sequently is a limitation of the power given to the General Court. If it be allowed, that, by that clause there was a reserve of power to Parliament, to bind the province, it was only by such laws as were in being at the time the charter was granted ; for, by the char- ter, there is nothing appears to make it refer to any parliamentary laws, that should be afterwards made ; and therefore, it will not support your Excellertty's inference. The grant of power to the General Court to make laws, runs thus — " full power and authority, from time to time, to make and ordain, and establish, all manner of wholesome and reasonable laws, orders, statutes and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to the laws of this our realm of England, as they shall MASSACHUSETTS STATE PAPERS. 347 judge to be for tlie goofl and welfare of our said province." We humbly conceive an inference very different from your Excellen- cy's, and a very just one too, maybe drawn from this clause, if at- tention be given to the description of the orders and laws that were to be made. They were to be wholesome, reasonable, and for the good and welfare of the province ; and in order that they might be so, it is provided, that they be not repugnant or contrary to the laws of the realm, which Avore then in being ; by which proviso, all the liberties and immunities of free and natural subjects within the realm, were more eftectually secured to the inhabitants of the pro- vince, agreeable to another clause in the charter, whereby those liberties and immuniti> s are expressly granted to them ; and ac- cordingly, the power of the General Court is so far limited, that they shall not m.ake orders and laws to take away or diminish those liberties and immunities. This construction appears to us a just one, and perhaps may ap- pear so to your Excellency, if you will please to consider, that, by another part of the charter, efiectual care was taken for preventing the General Assembly passing of orders and laws repugnant to, or that in any way might militate with acts of Parliament then or since made, or that might be exceptionable in any other respect whatev- er ; for the charter reser\'es to his Majesty the appointment of the Governor, whose assent is necessary in the passing of all orders and laws ; after which, they are to be sent to England, for the royal approbation or disallowance ; by which double control, ef- fectual care is taken to prevent the establishment of any improper orders or laws, whatever. Besides, your Excellency is sensible that letters patent must be construed one part with another, and all the parts of them together, so as to make the whole harmonize and agree. But your Excellency's construction of the paragraph empowering the General Court to make orders and laws, does by no means harmonize and agree with the paragraph granting liber- ties and immunities ; and therefore, we humbly conceive, is not to be admitted : whereas on the other construction, there is a perfect harmony and agreement between them. But supposing your Ex- cellency's inference just, that by said former paragraph, consider- ed by itself, are reserved to Parliament, power and authority to bind us by laws made expressly to refer us, does it consist with justice and equity, that it should be considered a part, and urged against the people of this province, with all its force, and without limitation ; and at the same time, the other paragraph, which they thought secured to them the essential rights and privileges of free and natural subjects, be rendered of no validity. If the former paragraph (in this supposed case) be binding ofi this people, the latter must be binding on the Crown, which theueby became guarantee of those rights and privileges, or it must be sup- posed that one party is held by a compact, and the other XMt ; whieh supposition is against reason and against law ; and there- ^48 MASSACHUSETTS STATE PAPERS. fore, destroys the foundation of the inference. Supposing it well founded, however, it would not from thence follow, that the char- ter intended such laws as should subject the inhabitants of this piovince to taxes, without their consent; for, (as it appears above) it grants to them all the rights and liberties of free and natural subjects ; of which, one of the most essential is, a freedom from all taxes not consented to by themselves. Nor could the parties, either grantor or grantees, intend such laws. The royal grantor could not, because his grant contradicts such intention, and because it is inconsistent with every idea of royaltj^ and royal wisdom, to grant what it does not intend to grant. And it will be readily al- lowed, that the grantees could not intend such laws ; not only on account of their inconsistency with the grant, but because their acceptance of a charter, subjecting them to such laws, would be voluntary slavery. Your Excellency next observes, " that it cannot be contended, that, by the liberties of free and natural subjects, is to be under- stood an exemption from acts of Parliament, because not repre- sented there, seeing it is provided by the charter, that such acts shall be in force." If the observations we have made above, and our reasoning on them be just, it will appear, that no such provis- ion is made in the charter; and, therefore, that the deductions and inferences derived from the supposition of such provision, are not well founded. And with respect to representation in Parliament, as it is one of the essential liberties of free and nat- ural subjects, and properly makes those who enjoy it, liable to par- liamentary acts, so in reference to the inhabitants of this province, who are entitled to all the liberties of such subjects, the impossi- bility of their being duly represented in Parliament, does clearly exempt them from all such acts, at least, as have been or shall be made by Parliament, to tax them ; representation and taxation be- ing, in our opinion, constitutionally inseparable. This grant of liberties and immunities, your Excellency informs us, " is nothing more than a declaration and assurance on the part of the Crown, that the place to which our predecessors were about to remove, was, and would be considered, as part of the do- minions of the Crown ; and, therefore, that the subjects, so re- moving, would not become aliens, but would, both without and within the colony, retain the liberties and immunities of free and natural subjects." The dominion of the Crown over this country, before the arri- val of our predecessors, was merely ideal. Their removal hither, realized that dominion, and has made the country valuable both to the Crown and nation- without any cost to either of them, from that time to this. Even in the most distressed state of our prede- cessors, when they expected to be destroyed by a general conspi- racy and incursion of the Indian natives, they had no assistarice from them. This grant then of liberties, which is the only consid- MASSACHUSETTS STATE PAPERS. 349 oration they received from the Crown, for so valuable an acquisi- tion to it, instead of being violated by military power, or explain- ed away by nice inferences and distinctions, ought in justice, and with a generous openness and freedom, to be acknowledged by ev- ery Minister of tlie Crown, and preserved sacred from every spe- cies of violation. " If the plantations be part of the dominions of the Crown, this clause in the charter, granting liberties and immunities, does not," your Excellency observes, " confer or reserve any liberties, but Avhat would have been enjoyed without it; and what the inhabit- ants of every other colony do enjoy, where they are without a charter." Although the colonies, considered as part of the domin- ions of the Crown, are entitled to equal liberties, the inhabitants of this colony, think it a happiness, that those liberties are con- firmed and secured to them by a charter ; whereby the honor and faith of the Crown are pledged, that those liberties shall not be violated- And for protection in them, we humbly look up to his present Majesty, our rigiitful and lawful Sovereign, as children to a father, able and disposed to assist and relieve them ; humbly im- ploring his Majesty, that his subjects of this province, ever faithful and loyal, and ever accounted such, till the stamp act existed, and who, in the late war, and upon all other occasions, have demon- strated that faithfulness and loyalty, by their vigorous and un- exampled exertions in his service, may have their grievances redressed, and be restored to their just rights. Your Excellency next observes, " that it is impossible the rights of English subjects should be the same in every respect, in all parts of the dominions," and instances in the right of " being governed by laws made by persons, in whose election they have a voice." When " they remove from the kingdom to the plantations, where it cannot be enjoyed," you ask, " will it not be said, by this volun- tary removal, they have relinquished, for a time at least, one of the rights of an English subject, which they might, if they pleased, have continued to enjoy, and may again enjoy, whenever they will return to the place where it can be exercised ?" When English subjects remove from the kingdom to the planta- tions, with their property, they not only relinquish that right de facto, but it ought to cease in the kingdom de jure. But it does not from thence follow, that they relinquish that right in reference to the plantation or colony, to which they remove. On the con- trary, having become inhabitants of that colony, and qualified according to the laws of it, they can exercise that right, equally with the other inhabitants of it. And their right, on like condi- tions, will travel with them through all the colonies, wherein a Legislature, similar to that of the kingdom, is established. And therefore, in this respect, and, we suppose, in all other essential respects, it is not impossible the rights of English subjects should be the same in all parts of the dominions, under a like form ol Legislature. 350 MASSACHUSETTS STATE PAPERS. This right of representation, is so essential and indisputable, la regard of all laws for levying taxes, that a people under any form of government, destitute of it, is destitute of freedom: of that de- gree of freedom, for the preservation of w^hich, government was instituted ; and without which, government degenerates into des- potism. It cannot, therefore, be given up, or taken away, without making a breach in the essential rights of nature. But your Excellency is pleased to say, '• that they who claim exemption as part of their rights by nature, should consider that every restraint which men are laid under by a state of govern- ment, is a privation of part of their natural rights. Even in case of representation by election, do they not give up part of their natural rights, when they consent to be represented by such per- sons as shall be chosen by the majority of the electors, although their own voices may be for some other person. And is it not contrary to their natural rights, to be obliged to submit to a representation for seven years, or even one year, after they are dis- satisfied with his conduct, although they gave their voices for him, when he was elected ? This must, therefore, be considered as an objection against a state of government, rather than against any par- ticular form." Your Excellency's premises are true, but we do not think your conclusion follows from them. It is true, that every restraint of government is a privation of natural right ; and the two cases you have been pleased to mention, may be instances of that privation. But, as they arise from the nature of society and government ; and as government is necessary to secure other natural rights, infinitely more valuable, they cannot, therefore, be considered as an objec- tion, either against a state government, or against any particular form of it. Life, liberty, property, and the disposal of that property, with our own consent, are natural rights. Will any one put the other in competition with these ; or infer, that, because those others must be given up in a state of government, these must be given up also ? The preservation of these rights, is the great end of government. But is it probable, they will be effectually secured by a government, which the proprietors of them, have no part in the direction of, and over which, they have no power or influence, whatever ? Hence, is deducible representation, which being necessary to preserve these invaluable rights of nature, is itself, for that reason, a natural right, coinciding with, and running into that great law of nature, self pre- servation. Thus have we considered the most material parts of your Excel- lency's speech, and, agreeable to your desire, disclosed to you our sentiments on the subject of it. " Independence," as you have rightly judged, " we have not in contemplation." We cannot, how- ev"r, adopt your principles of government, or acquiesce in all the inferences you have drawn from them. / MASSACHUSETTS STATE PAPERS. S51 We have the highest respect for that august body, the Parlia" ment, and do not presume to prescribe the exact limits of its authority ; yet, with the deference which is due to it, we are humbly of opinion, that, as all human authority is, in the nature of it, and ought to be, limited, it cannot, constitutionally, extend, for the reasons we have suggested, to the levying of taxes, in any form, on his Majesty's subjects in this province. In such principles as these, our predecessors were easy and happy, and in the due operation of such, their descendants, the present inhabitants of this province, have been easy and happy : but they are not so now. Their uneasiness and unhappiness are occa- sioned by acts of Parliament, and regulations of government, which lately, and within a few years past, have been made. And this un- easiness and unhappiness, both in the cause and effects of them, though your Excellency seems, and can only seem, to be of a differ- ent opinion, have extended, land continue to extend, to all the colo- nies, throughout the continent. It would give us the highest satisfaction, to see happiness and tranquillity restored to the colonies, and, especially to see, between Great Britain and them, an union established on such an equitable basis, as neither of them shall ever wish to destroy. We humbly supplicate the sovereign arbiter and superintendant of human afiFairs, for these happy events. [Hon. J. Bowdoin, H. Gray, J. Otis, and S. Hall, were the <*ommittee of Council, who prepared the above.] V ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE SPEECH OF THE GOVERNOR, OF SIXTH JANUARY. JANUARY 26, 1773. May it please your Excellency, Your Excellency's speech to the General Assembly, at the opening of this session, has been read with great attention in this House. We fully agree with your Excellency, that our own happiness, as Avell as his Majesty's service, very much depends upon peace and order; and we shall at all times take such measures as are consistent with our constitution, and the rights of the people, to promote and maintain them. That the government at present is in a very disturbed state, is apparent. But we cannot ascribe it to the people's having adopted unconstitutional principles, which seems to be the cause assigned for it by your Excellency. It ap- 552 MASSACHUSETTS STATE PAPERS. pears to us, to have been occasioned rather by the British House of Commons assuming and exercising a power inconsistent with the freedom of the constitution, to give and grant the property of the colonists, and appropriate the same without their consent. It is needless for us to inquire what were the principles that in- duced the councils of the nation to so new and unprecedented a measure. But, when the Parliament, by an act of their own, ex- pressly declared, that the King, Lords, and Commons, of the na- tion " have, and of right ought to have full power and authority to make laws and statutes of sufficient force and validity, to bind the colonies and people of America, subjects of the Crown of Great Britain, in all cases whatever," and in consequence hereof, ano- ther revenue act was made, the minds of the people were filled with anxiety, and they were justly alarmed with apprehensions of the total extinction of their liberties. The result of the free inquiries of many persons, into the right of the Parliament, to exercise such a power over the colonies, seems, in your Excellency's opinion, to be the cause, of what you are pleased to call the present " disturbed state of the govern- ment ;" upon which, you " may not any longer, consistent with your duty to the King, and your regard to the interest of the pro- vince, delay communicating your sentiments." But that the prin- ciples adopted in consequence hereof, are unconstitutional, is a subject of inquiry. We know of no such disorders arising there- from, as are mentioned by your Excellency. If Grand Jurors have not, on their oaths, found such offences, as your Excellency, with the advice of his Majesty's Council, have ordered to be prosecut- ed, it is to be presumed, they have followed the dictates of good conscience. They are the constitutional judges of these matters, and it is not to be supposed, that moved from corrupt principles, they have suffered offenders to escape a prosecution, and thus supported and encouraged them to go on offending. If any part of authority shall, in an unconstitutional manner, interpose in any matter, it will be no wonder if it be brought into contempt ; to the lessening or confounding of that subordination, which is neces- sary to a well regulated state. Your Excellency's representation that the bands of government are weakened, we humbly conceive to be without good grounds; though we must own, the heavy bur- dens unconstitutionally brought upon the people, have been, and still are universally, and very justly complained of, as a griev- ance. You are pleased to say, that, " when our predecessors first took possession of this plantation, or colony, under a grant and charter from the Crown of England, it was their sense, and it was the sense of the kingdom, that they were to remain subject to the su- preme authority of Parliament ;" whereby we understand your Excellency to mean, in the sense of the declaratory act of Parlia- ment afore mentioned, in all cases whatever. And, indeed, it is MASSACHUSETTS STATE PAPERS. 353 difficult, if possible, to draw a line of distinction between the uni- versal authority of Parliament over the colonies, and no authority at all. It is, therefore, necessary for us to inquire how it appears, for your Excellency has not shown it to us, that when, or at the time that our predecessors took possession of this plantation, or colony, under a grant and charter from the Crown of England, it was their sense, and the sense of the kingdom, that they were to remain subject to the authority of Parliament. In making this inquiry, we shall, according to your Excellency's recommenda- tion, treat the subject with calmness and candor, and also with a due regard to truth. Previous to a direct consideration of the charter granted to the province or colony, and the better to elucidate the true sense and meaning of it, we would take a view of the state of the English North American continent at the time, when, and after possession was first taken of any part of it, by the Europeans. It was then possessed by heathen and barbarous people, who had, nevertheless, all that right to the soil, and sovereignty in and over the lands they possessed, which God had originally given to man. Whether their being heathen, inferred any right or authority to christian princes, a right which had long been assumed by the Pope, to dis- pose of their lands to others, we will leave to your Excellency, or any one of understanding and impartial judgment, to consider. It is certain, they had in no other sense, forfeited them to any power in Europe. Should the doctrine be admitted, that the discovery of lands owned and possessed by pagan people, gives to any chris- tian prince a right and title to the dominion and property, still it is vested in the Crown alone. It was an acquisition of foreign territory, not annexed to the realm of England, and, therefore, at the absolute disposal of the Crown. For we take it to be a settled point, that the King has a constitutional prerogative^ to dispose of and alienate, any part of his territories not annexed to the realm. In the exercise of this prerogative, Queen Elizabeth granted the first American charter ; and, claiming a right by virtue of discove- ry, then supposed to be valid, to the lands which are now possess- ed by the colony of Virginia, she conveyed to Sir Walter Raw- leigh, the property, dominion, and sovereignty thereof, to be held of the Crown, by homage, and a certain render, without any reser- vation to herself, of any share in the Legislative and Executive au- thority. After the attainder of Sir Walter, King James the I. created two Virginian companies, to be governed each by laws, transmitted to tliem by his Majesty, and not by the Parliament, with power to establish, and cause to be made, a coin to pass cur- rent among them ; and vested with all liberties, franchises and im- munities, within any of his other dominions, to all intents and pur- poses, as if they had been abiding and born within the realm. A declaration similar to this, is contained in the first charter of this colony, and in those of other American colcwiesj which shows that 45 354 MASSACHUSETTS STATE PAPERS. the colonies wei-e not intended, or considered to be within the realm of England, though within the allegiance of the English Crown. After this, another charter was granted by the same King James, to the Treasurer and Company of Virginia, vesting them with full power and authority, to make, ordain, and establish, all manner of orders, laws, directions, instructions, forms and cere- monies of governments, and magistracy, fit and necessary, and the same to abrogate, &c. without any reservation for securing their subjection to the Parliament, and future laws of England. A third charter was afterwards granted by the same King, to the Treasurer and Company of Virginia, vesting them with power and authority to make laws, with an addition of this clause, " so, al- ways, that the same be not contrary to the laws and statutes of this our realm of England." The same clause was afterwards copied into the charter of this and other colonies, with certain va- riations, such as, that these laws should be " consonant to reason," " not repugnant to the laws of England," " as nearly as conve- niently may be to the laws, statutes and rights of England," &c. These modes of expression, convey the same meaning, and serve to show an intention, that the laws of the colonies should be as much as possible, conformable in the spirit of them, to the princi- ples and fundamental laws of the English constitution, its rights and statutes then in being, and by no means to bind the colonies to a subjection to the supreme authority of the English Parliament. And that this is the true intention, we think it further evident from this consideration, that no acts of any colony Legislative, are ever brought into Parliament for inspection there, though the laws made in some of them, like the acts of the British Parliament, are laid before the King for his dissent or allowance. We have brought the first American charters into view, and the state of the country when they were granted, to show, that the right of disposing of the lands was, in the opinion of those times, vested solely in the Crown ; that the several charters conveyed to the grantees, who should settle upon the territories therein grant- ed, all the powers necessary to constitute them free and distinct states ; and that the fundamental laws of the English constitution should be the certain and established rule of legislation, to which, the laws to be made in the several colonies, were to be, as nearly as conveniently might be, conformable, or similar, which was the true intent and import of the words, " not repugnant to the laws of England," " consonant to reason," and other variant expres- sions in the different charters. And we would add, that the King, in some of the charters, reserves the right to judge of the conso- nance and similarity of their laws with the English constitution, to himself, and not to the Parliament ; and, in consequence thereof, to affirm, or within a limited time, disallow them. These charters, as well as that afterwards granted to Lord Bal- timore, and other charters, are repugnant to the idea of Parlia- mentary authority ; and, to suppose a Parliamentary authority MASSACHUSETTS STATE PAPERS. 355 over the colonies, under such charters, would necessarily induce that solecism in politics, imperiuvi in imj}erio. And the King's repeatedly exercising the prerogative of disposing of the Ameri- can territory by such charters, together with the silence of the nation thereupon, is an evidence that it was an acknowledged pre- rogative. But, further to show tlie sense of the English Crown and nation^ that the American colonists, and our predecessors in particular, when they first took possession of this country, by a grant and charter from the Crown, did not remain subject to the supreme authority of Parliament, we beg leave to observe, that when a bill was ofl'ered by the two Houses of Parliament to King Charles the I granting to the subjects of England, the free liberty of fishing on the coast of America, he refused his royal assent, declaring as a reason, that " the colonies were without the realm and jurisdic- tion of Parliament." In like manner, his predecessor, James the I. had before de- clared, upon a similar occasion, that " America was not annexed to the realm, and it was not fitting that Parliament should make laws for those countries." This reason was, not secretly, but openly declared in Parliament. If, then, the colonies were not an- nexed to the realm, at the time when their charters were granj;ed, they never could be afterwards, without their own special con- sent, which has never since been had, or even asked. If they are not now annexed to the realm, they are not a part of the kingdom, and consequently not subject to the Legislative authority of the kingdom. For no country, by the common law, was subject to the laws or to the Parliament, but the realm of England. We would, if your Excellency pleases, subjoin an instance of conduct in King Charles the II. singular indeed, but impor- tant to our purpose, who, in 1679, framed an act for a permanent revenue for the support of Virginia, and sent it there by Lord Cul- pepper, the Governor of that colony, which was afterwards passed into a law, and " enacted by the King's most excellent Majesty, by, and with the consent of the General Assembly of Virginia." If the King had judged that colony to be a part of the realm, he would not, nor could he, consistently with Magna Charta, have placed himself at the head of, and joined with any Legislative body in making a law to tax the people there, other than the Lords and Commons of England. Having taken a view of the several charters of the first colony in America, if we look into the old charter of this colony, we shall find it to be grounded on the same principle ; that the right of disposing the territory granted therein, was vested in the Crown, as being that Christian Sovereign who first discovered it, when in the possession of heathens ; and that it was considered as being not within the realm, but being only within the Fee and Seignory of the King. As, therefore, it was without the realm of England, must 356 MASSACHUSETTS STATE PAPERS. not the King, if he had designed that the Parliament should have had any authority over it, have made a special reservation for that purpose, which was not done ? Your Excellency says, " it appears from the charter itself, ta have been the sense of our predecessors, who first took possession of this plantation, or colony, that they were to remain subject to the authority of Parliament." You have not been pleased to point out to us, how this appears from the charter, unless it be in the observation you make on the above mentioned clause, viz, : " that a favorable construction has been put upon this clause, when it has been allowed to intend such laws of England only, as are ex- pressly made to respect us," which you say, " is by charter, are- serve of power and authority to Parliament, to bind us by such laws, at least, as are made expressly to refer to us, and conse- quently is a limitation of the power given to the General Court." But, we would still recur to the charter itself, and ask your Excel- lency, how this appears, from thence, to have been the sense of our predecessors ? Is any reservation of power and authority to Par- liament thus to bind us, expressed or implied in the charter ? It is evident, that King Charles the I. the very Prince who granted it, as well as his predecessor, had no such idea of the supreme au- thority of Parliament over the colony, ftom tlieir declarations be- fore recited. Your Excellency will then allow us, further to ask, by what authority, in reason or equity, the Parliament can enforce a construction so unfavorable to us. Q^iiod ah initio injustum est, nullum potest habere juris effectum, said Grotius. Which, with submission to your Excellency, may be rendered thus : whatever is originally in its nature wrong, can never be sanctified, or made right by repetition and use. In solemn agreements, subsequent restrictions ought never to be allowed. The celebrated author, whom your Excellency has quo- ted, tells us, that, " neither the one or the other of the interested, or contracting powers, hath a right to interpret at pleasure." This we mention, to show, even upon a supposition, that the Parliament had been a party to the contract, the invalidity of any of its sub- sequent acts, to explain any clause in the charter ; more especially to restrict or make void any clause granted therein to the General Court. An agreement ought to be interpreted " in such a man- ner as that it may have its effect." But, if your Excellency's interpretation of this clause is just, " that it is a reserve of power and authority to Parliament to bind us by such laws as are made expressly to refer to us," it is not only " a limitation of the power given to the General Court" to legislate, but it may, whenever the Parliament shall think fit, render it of no effect ; for it puts it in the power of Parliament, to bind us by as many laws as they please, and even to restrain us from making any laws at all. If your Ex- cellency's assertions in this, and the next succeeding part of your speech, were well grounded, the conclusion would be undeniable, MASSACHUSETTS STATE PAPERS. 357 that the charter, even in this clause, " does not confer or reserve any liberties," worth enjoying, " but what would have been en- joyed without it ;" saving that, within any of his Majesty's domin- ions, wc aVe to be considered barely as not aliens. You are pleas- ed to say, it cannot " be contended, that by the liberties of free and natural subjects,'' (which are expressly granted in the char- ter, to all intents, purposes and constructions, whatever) " is to be understood, an exemption from acts of Parliament, because not represented there ; seeing it is provided by the same charter, that such acts shall be in force." If, says an eminent lawyer, " the King grants to the town of D. the same liberties which London has, this shall be intended the like liberties." A grant of the liberties of free and natural subjects, is equivalent to a grant of the same liberties. And the King, in the first charter to this colony, ex- pressly grants, that it " shall be construed, reputed and adjudged in all cases, most favorably on the behalf and for the benefit and behoof of the said Governor and Company, and their successors — any matter, cause or thing, whatsoever, to the contrary notwith- standing." It is one of the liberties of free and natural subjects, born and abiding within the realm, to be governed, as your Excel- lenc}' observes, " by laws made by persons, in whose elections they, from time to time, have a voice." This is an essential right. For nothing is more evident, than, that any people, who are subject to the unlimited power of another, must be in a state of abject slave- ry. It was easily and plainly foreseen, that the right of represent- ation in the English Parliament, could not be exercised by the peo- ple of this colony. It would be impracticable, if consistent with the English constitution. And for this reason, that this colony might have and enjoy all the liberties and immunities of free and natural subjects within the realm, as stipulated in the charter, it was necessary, and a Legislative was accordingly constituted with- in the colony ; one branch of which,, consists of Representatives chosen by the people, to make all laws, statutes, ordinances, &c. for the well ordering and governing the same, not repugnant to the laws of England, or, as nearly as conveniently might be, agree- able to the fundamental laws of the English constitution. We are, therefore, still at a loss to conceive, where your Excellency finds it " provided in the same charter, that such acts," viz. acts of Parliament, made expressly to refer to us, " shall be in force" in this province. There is nothing to this purpose, expressed in the charter, or in our opinion, even implied in it. And surely it would be very absurd, that a charter, which is evidently formed upon a supposition and intention, that a colony is and should be consider- ed as not within the realm ; and declared by the very Prince who granted it, to be not within the jurisdiction of Parliament, should yet provide, that the laws which the same Parliament should make, expressly to refer to that colony, should be in force therein. Your Excellency is pleased to ask, " does it follow, that the govern- 358 MASSACHUSETTS STATE PAPERS. ment, by their (our ancestors) removal from one part of the domin- ions to another, loses its authority over that part to which they re- move ; and that they are freed from the subjection they were un- der before ?" We answer, if that part of the King's dominions, to which they removed, was not then a part of the realm, and was never annexed to it, the Parliament lost no authority over it, hav- ing never had such authority ; and the emigrations were conse- quently freed from the subjection they were under before their re- moval. The power and authority of Parliament, being constitu- tionally confined within the limits of the realm, and the nation col- lectively, of which alone it is the representing and Legislative As- sembly. Your Excellency further asks, " will it not rather be said, that by this, their voluntary removal, they have relinquished, for a time, at least, one of the rights of an English subject, which they might, if they pleased, have continued to enjoy, and may again enjoy, whenever they return to the place where it can be exercis- ed?" To which we answer; they never did relinquish the right to be governed by laws, made by persons in whose election they had a voice. The King stipulated with them, that they should have and enjoy all the liberties of free and natural subjects, born within the realm, to all intents, purposes and constructions, what- soever ; that is, that they should be as free as those, who were to abide within the realm : consequently, he stipulated with them, that they should enjoy and exercise this most essential right, which discriminates freemen from vassals, uninterruptedly, in its full sense and meaning ; and they did, and ought still to exercise it, without the necessity of returning, for the sake of exercising it, to the nation or state of England. We cannot help observing, that your Excellency's manner of reasoning on this point, seems to us, to render the most valuable clauses in our charter unintelligible : as if persons going from the realm of England, to inhabit in America, should hold and exercise there a certain right of English subjects ; but, in order to exercise it in such manner as to be of any benefit to them, they must not in,' habit there, but return to the place where alone it can be exercised. By such construction, the words of the charter can have no sense or meaning. We forbear remarking upon the absurdity of a grant to persons born without the realm, ofthe same liberties which would have belonged to them, if they had been born within the realm. Your Excellency is disposed to compare this government to the variety of corporations, formed within the kingdom, with power to make and execute by-laws, &c. ; and, because they remain subject to the supreme authority of Parliament, to infer, that this colony is also subject to the same authority : this reasoning ap- pears to us not just. The members of those corporations are res- ident within the kingdom ; and residence subjects them to the au- thority of Parliament, in which they are also represented ; where- as the people of this colony are not resident within the realm'. MASSACHUSETTS STATE PAPERS. 359 The charter was granted, with the express purpose to induce them to reside without the realm ; consequently, they are not represent- ed in Parliament there. But, we would ask your Excellency, are any of the corporations, formed within the kingdom, vested with the power of erecting other subordinate corporations ? of en- acting and determining what crimes shall be capital ? and consti- tuting courts of common law, with all their officers, for the hear- ing, trying and punishing capital offenders with death ? These and many other powers vested in this government, plainly show, that it is to be considered as a corporation, in no other light, than as every state is a corporation. Besides, appeals from the courts of law here, are not brought before the House of Lords ; which shows, that the peers of the realm, are not the peers of America : but all such appeals are brought before the King in council, which is a fur- ther evidence, that we are not within the realm. We conceive enough has been said, to convince your Excellen- cy, that, " when our predecessors first took possession of this plan- tation, or colony, by a grant and charter from the Crown of Eng- land, it was not, and never had been the sense of the kingdom, that they were to remain subject to the supreme authority of Par- liament. We will now, with your Excellency's leave, inquire what was the sense of our ancestors, of this very important mat- ter. And, as your Excellency has been pleased to tell us, you have not discovered, that the supreme authority of Parliament has been called in question, even by private and particular persons, until within seven or eight years past ; except about the time of the an- archy and confusion in England, which preceded the restoration of King Charles the II. we beg leave to remind your Excellency of some parts of your own history of Massachusetts Bay. Therein we are informed of the sentiments of " persons of influence," after the restoration ; from which, the historian tells us, some parts of their conduct, that is, of the General Assembly, " may be pretty well accounted for." By the history, it appears to have been the opinion of those persons of influence, " that the subjects of any prince or state, had a natural right to remove to any other state, or to another quarter of the world, unless the state was weakened or exposed by such remove ; and, even in that case, if they were de- prived of the right of all mankind, liberty of conscience, it would justify a separation, and upon their removal, their subjection de- termined and ceased." That " the country to which they had removed, was claimed and possessed by independent princes, whose right to the lordship and sovereignty thereof had been ac- knowledged by the Kings of England," an instance of which is quoted in the margin. " That they themselves had actually pur- clmsed, for valuable consideration, not only the soil, but the domin- ion, the lordship and sovereignty of those princes ;" without which purchase, " in the sight of God and men, they had no right or title 360 MASSACHUSETTS STATE PAPERS. to what they possessed." They had received a charter of incorpo- ration from the King;, from whence arose a new kind of subjection, namely, " a voluntary, civil subjection ;" and by this compact, " they were to be governed by laws made by themselves." Thus it appears to have been the sentiments of private persons, though persons by whose sentiments the public conduct was influenced, that their re^iioval was ajustifiable separation from the mother state, upon which, their subjection to that state, determined and ceased. The supreme authority of Parliament, if it had then ever been as- serted, must surely have been called in question, by men who had advanced such principles as these. The first act of Parliament, made expressly to refer to the colo- nies, was after the restoration. In the reign of King Charles the II. several such acts passed. And the same history informs us, there was a difficulty in conforming to them ; and the reason of this difficulty is explained in a letter of the General Assembly to their Agent, quoted in the following words ; " they apprehended them to be an invasion of the rights, liberties and properties of the subjects of his Majesty, in the colony, they not being represented in Parliament, and according to the usual sayings of the learned in the law, the laws of England were bounded within the four seas, and did not reach America : However, as his Majesty had signified his pleasure, that those acts should be observed in the Massachu- setts, they had made provision, by a law of the colony, that they should be strictly attended." Which provision, by a law of their own, would have been superfluous, if they had admitted the su- preme authority of Parliament. In short, by the same history it appears, that those acts of Parliament, as such, were disregarded; and the following reason is given for it : " It seems to have been a general opinion, that acts of Parliament had no other force, than what they derived from acts made by the General Court, to estab- lish and confirm them." But, still further to show the sense of our ancestors, respecting this matter, we beg leave to recite some parts of a narrative, pre- sented to the Lords of Privy Council, by Edward Randolph, in the year 1676, which we find in your Excellency's collection of papers lately published. Therein it is declared to be the sense of the colony, " that no law is in force or esteem there, but such as are made by the General Court; and, therefore, it is accounted a breach of their privileges, and a betraying of the liberties of their commonwealth, to urge the observation of the laws of England." And, further, " that no oath shall be urged, or required to be tak- en by any person, but such oath as the General Court hath consid- ered, allowed and required." And, further, " there is no notice taken of the act of navigation, plantation or any other laws, made in England for the regulation of trade." " That the government would make the world believe, they are a free state, and do act in all matters accordingly." Again, " these magistrates ever re- MASSACHUSETTS STATE PAPERS. 361 serve to themselves, a power to alter, evade and disannul any law or command, not agreeing with their humor, or the absolute au- thority of their government, acknowledging no superior." And, further, " he (the Governor) freely declared to me, that the laws made by your Majesty and your Parliament, obligeth them in nothing, but what consists with the interests of that colony ; that the Legislative power and authority is, and abides in them solely." And in the same Mr. Randolph's letter to the Bishop of London, July 14, 1682, he says, " this independency in government is claim- ed and daily practised." And your Excellency being then sensi- ble, that this was the sense of our ancestors, in a marginal note, in the same collection of papers, observes, that, " this, viz- the pro- vision made for observing the acts of trade, is very extraordi- nary, for this provision was an act of the colony, declaring the acts of trade shall be in force there." Although Mr. Randolph was very unfriendly to the colony, yet, as his declarations are concur- rent Mith those recited from your Excellency's history, we think they may be admitted, for the purpose for which they are now brought. Thus we see, from your Excellency's history and publications, the sense our ancestors had of the jurisdiction of Parliament, under the first charter. Very different from that, which your Excellency in your speech, apprehends it to have been. it appears by Mr. Neal's History of New England, that the agents, who had been employed by the colony to transact its affairs in England, at the time when the present charter was granted, among other reasons, gave the following for their acceptance of it, viz. " The General Court has, with the King's approbation, as much power in New England, as the King and Parliament have in Eng- land 5 they have all English privileges, and can be touched by no law, and by no tax but of their own making." This is the earliest testimony that can be given of the sense our predecessors had of the supreme authority of Parliaments under the present charter. And it plainly shows, that they, who having been freely conver- sant with those who framed the charter, must have well understood the design and meaning of it, supposed that the terms in our char- ter, "full power and authority," intended and were considered as a sole and exclusive power, and that there was no " reserve in the charter, to the authority of PaWiament, to bind the colony" by any acts whatever. Soon after the arrival of the charter, viz. in 1692, your Excel- lency's history informs us, " the first act" of this Legislative, was a sort of Magna Charta, asserting and setting forth their general privileges, and this clause was among the rest; '■ no aid, tax. tal- lage, assessment, custom, loan, benevolence, or imposition what- ever, shall be laid, assessed, imposed, or levied on any of their Majesty's subjects, or their estates, on any pretence whatever, but by the act and consent of the Governor, Council, and Representa- 46 362 MASSACHUSETTS STATE PAPEIIS. tives of the people assembled in General Court." And though this act was disallowed, it serves to show the sense which the General Assembly, contemporary with the granting the charter, had of their sole and exclusive right to legislate for the colony. The history says, " the other parts of the act were copied from Magna Charta ;" by which, we may conclude tliat the Assembly then con- strued the words, " not repugnant to the laws," to mean, con- formable to the fundamental principles of the English constitution. And it is observable, that the Lords of Privy Council, so lately as in the reign of Queen Anne, when several laws enacted by the General Assembly were laid before her Majesty for her allowance, interpreted the words in this charter, " not repugnant to the laws of England," by the words, " as nearly as conveniently may be agreeable to the laws and statutes of England." And her Majesty was pleased to disallow those acts, not because they Avere repug- nant to any law or statute of England, made expressly to refer to the colony, but because divers persons, by virtue thereof, were punished, without being tried by their peers in the ordinary " courts of law," and " by the ordinary rules and known methods of jus- tice," contrary to the express terms of Magna Charta, which was a statute in force at the time of granting the charter, and declara- tory of the rights and liberties of the subjects within the realm. You are pleased to say, that " our provincial or local laws have, in numerous instances, had relation to acts of Parliament, made to respect the plantations, and this colony in particular." The au- thority of the Legislature, says the same author who is quoted by your Excellency, " does not extend so far as the fundamentals of the constitution. They ought to consider the fundamental laws as sacred, if the nation has not in very express terms, given them the power to change them. For the constitution of the state ought to be fixed ; and since that was first established by the na- tion, which afterwards trusted certain persons with the Legislative power, the fundamental laws are excepted from their commission." Now the fundamentals of the constitution of this province, are stip- ulated in the charter ; the reasoning, therefore, in this case, holds equally good. Much less, then, ought any acts or doings of the General Assembly, however numerous, to neither of which your Excellency has pointed us, which barely relate to acts of Parlia- ment made to respect the plantations in general, or this colony in particular, to be taken as an acknowledgment of this people, or even of the Assembly, which inadvertently passed those acts, that we are subject to the supreme authority of Parliament ; and with still less reason are the decisions in the executive courts to deter- mine this point. If they have adopted that " as part of the rule of law," which, in fact, is not, it must be imputed to inattention or error in judgment, and cannot justly be urged as an alteration or restriction of the Legislative authority of the province. Before we leave this part of your Excellency's speech, we would MASSACHUSETTS STATE PAPEHS. 363 observe, that the great design of our ancestors, in leaving the king- dom of England, was to be freed from a subjection to its spiritual laws and courts, and to worship God according to the dictates of their consciences. Your Excellency, in your history observes, that their design was " to obtain for themselves and their posterity, the liberty of worshipping God in such manner as appeared to them most agreeable to the sacred scriptures." And the General Court themselves declared in 1G51, that " seeing just cause to fear the persecution of the then Bishop, and high commission for not con- forming to the ceremonies of tiiose under their power, they thought it their safest course, to get to this outside of the world, out of their view, and beyond their reach." But, if it had been their sense, that they were still to be subject to the supreme authority of Parliament, they must have known that their design might, anil probably would be frustrated ; that the Parliament, especially Con- sidering the temper of those times, might make what ecclesiastical laws they pleased, expressly to refer to them, and place them in the same circumstances with respect to religious matters, to be re- lieved from wliich, was the design of their removal ; and we would add, that if your Excellency's construction of the clause in our pre- sent charter is just, another clause therein, which provides for lib- erty of conscience for all christians, except papists, maybe ren- dered void by an act of Parliament made to refer to us, requiring a conformity to the rites and mode of worship in the church of England, or any other. Thus we have endeavored to show the sense of the people of this colony under both charters ; and, if there have been in any late instances a submission to acts of Parliament, it has been, in our opinion, rather from inconsideration, or a reluctance at the idea of contending with the parent state, than from a conviction or acknowledgment of the Supreme Legislative authority of Parlia- ment. Your Excellency tells us, " you know of no line that can be drawn between the supreme authority of Parliament and the total independence of the colonies." If there be no such line, the con- sequence is, either that the colonies are the vassals of the Parlia- ment, or that they are totally independent. As it cannot be sup- posed to have been the intention of the parties in the compact, that we should be reduced to a state of vassalage, the conclusion is, that it was their sense, that we were thus independent. " It is impossible," your Excellency says, " that there should be two in- dependent Legislatures in one and the same state." May we not then further conclude, that it' was their sense, that the colonies were, by their charters, made distinct states from the mother coun- try ? Your Excellency adds, " for although there may be but one head, the King, jet the two Legislative bodies will make two gov- ernments as distinct as the kingdoms of England and Scotland, before the union." Very true, may it please your Excellency : 364: MASSACHUSETTS STATE PAPERS. and if they interfere not with each other, what hinders, but that being united in one head and common Sovereign, they may live happily in that connection, and mutually support and protect each other? Notwithstanding all the terrors which your Excellency has pictured to us as the eflects of a total independence, there is more reason to dread the consequences of absolute uncontroled power, whether of a nation or a monarch, than those of a total inde- pendence. It would be a misfortune " to know by experience, the difterence between the liberties of an English colonist and those of the Spanish, French, and Dutch : and since the British Parlia- ment has passed an act. which is executed even with rigor, though not voluntarily submitted to, for raising a revenue, and appropri- ating the same, without the consent of the people who pay it, and have claimed a power of making such laws as they please, to order and govern us, your Excellency will excuse us in asking, whether you do not think we already experience too much of such a differ- ence, and have not reason to fear we shall soon be reduced to a virorse situation than that of the colonies of France, Spain, or Hol- land ? If your Excellency expects to have the line of distinction be- tween the supreme authority of Parliament, and the total indepen- dence of the colonies drawn by us, we would say it would be an arduous undertaking, and of very great importance to all the other colonies ; and therefore, could we conceive of such a line, we should be unwilling to propose it, without their consent in Con- gress. To conclude, these are great and profound questions. It is the grief of this House, that, by the ill policy of a late injudicious administration, America has been driven into the contemplation of them. And we cannot but express our concern, that your Excel- lency, by your speech, has reduced us to the unhappy alternative, either of appearing by our silence to acquiesce in your Excellen- cy's sentiments, or of thus freely discussing this point. After all that we have said, we would be far from being under- stood to have in the least abated that just sense of allegiance which we owe to the King of Great Britain, our rightful Sovereign ; and should the people of this province be left to the free and full exer- cise of all the liberties and immunities granted to them by charter, there would be no danger of an independence on the Crown. Our charters reserve great power to the Crown in its Representative, fully sufficient to balance, analogous to the English constitution, all the liberties and privileges granted to the people. All this your Excellency knows full well; and whoever considers the power and influence, in all their branches, reserved by our charter, to the Crown, will be far from thinking that the Commons of this province are too independent. fThis answer was reported by Mr. S. Adams, Mr. Hancock, MASSACHUSETTS STATE PAPERS. 365 Maj. Hawley, Col. Bowers, Mr. Hobson, Maj. Foster, Mr. Phil- lips, and Col. Thayer.] MESSAGE yROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR, FEBRUARY 3, 1773, May it please your Excellency^ The House of Representatives having directed the Secretary to inform them, whether you have been pleased to give your assent to the grants lately made to the Justices of the Superior Court of Judicature, 8&c. and it appearing that your Excellency has not yet done it, it is their request, that you would be pleased to make known to them the difficulty (if any there be) in your Excellen- cy's mind, which prevents your assenting to said grants. The people without doors are universally alarmed with the re- port that salaries are fixed to the offices of the said Justices, by order of the Crown ; and an unusual delay to confirm the grants now made, is judged by this House to be a sufficient apology for this inquiry. MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, FEBRUARY 4, 1773, Gentlemen of the House of Representatives, I HAVE i-eceived information, that his Majesty has been pleas- ed to order, that salaries shall be allowed to the Justices of the Superior Court, and that such salaries shall continue so long as those Justices shall reside within the province, and whilst they are absent from it, with his Majesty's leave; but I have no informa- tion that any warrants for the payment of such salaries have been issued. I, therefore, did not give an immediate assent to the grants which you have made for their services the year past, as the war- rants, if they should hereafter be transmitted, may include part of the same time for which your grants are made, but thought it most advisable to consider of some precaution, to prevent all claim from the province for any services, for which the Justices may also be entitled to a salary from the King. I hope, therefore, a short de- 366 BIASSACHUSETTS STATE PAPERS. lay, which has been occasioned by a regard to your interest, as well as by a sense of my duty to his Majesty, will not be thought unnecessary. T. HUTCHINSON. , MESSAGE iROM THE HOUSE OF REPRESENTATIVES TO THE SOVERNOU, FEBRUARY 12, 1773. May it please your Excellency, Your message of the 4th instant, informs this House, that his Majesty has been pleased to order that salaries shall be allowed to the Justices of the Superior Court of this province. We conceive that no Judge, who has a due regard to justice, or even to his own character, would choose to be placed under such an undue bias as they must be under, in the opinion of this House, by accepting of, and becoming dependent for their salaries upon the Crown. Had not his Majesty been misinformed, with respect to the con- stitution and appointment of our Judges, by those who advised to this measure, we are persuaded, he would never have passed such an order; as he was pleased to declare, upon his accession to the throne, that " he looked upon the independence and uprightness of the Judges, as essential to the impartial administration of jus- tice, as one of the best securities of the rights and liberties of his subjects, and as most conducive to the honor of the Crown." Your Excellency's precaution to prevent all claim from the pro- vince for any services, for which the Justices may also be entitled to a salary from the King, is comparatively, of very small consid- eration with us. When we consider the many attempts that have been made, effectually to render null and void those clauses in our charter, upon which the freedom of our constitution depends, we should be lost to all public feeling, should we not manifest a just resentment. We are more and more convinced, that it has been the design of administration, totally to subvert the constitution, and intro- duce an arbitrary government into this province ; and we can- not wonder that the apprehensions of this people are thoroughly awakened. We wait with impatience to know, and hope your Excellency will very soon be able to assure us, that the Justices will ijtterly refuse ever to accept of support, in a manner so justly obnoxious to the disinterested and judicious part of the good people of this province, being repugnant to the charter, and utterly inconsist- MASSACHUSETTS STATE PAPERS. 367 ent with the safety of the rights, liberties, and properties of the people. [The committee who reported this message, were, Mr. S. Ad- ams, Mr. Pickering, Mr. Phillips, Mr. Hancock, Mr. Heath, Mr. Foster, and Mr. Denny.] MESSAGE FROM THE HOUSE OF REPRESENTATIVES TO THE GOVERNOR,^ FEBRUARY 16, 1773. May it phase your Excellency, The House of Representatives think it of the last importance, to wait on your Excellency, and pray that you would be pleased to inform them, whether your Excellency can now satisfy the House, that the Justices of the Superior Court have refused, or will refuse, to accept of their support from the Crown ; a matter which appears to have filled the minds of the good people of this province, with the greatest anxiety; and a determination of which, in the affirmative, will tend to promote his Majesty's service, and the peace and hap- piness of the people. MESSAGE FROM THE GOVERNOR TO THE HOUSE OF REPRESENTATIVES, FEBRUARY 16, 1773. Gentlemen of the House of Representatives, I MOST certainly am not able to inform you, that the Justices of the Superior Court have refused, or will refuse, to accept of their support from the Crown. All that I thought necessary for me to do, before I gave my assent to the grants which you had made, was the taking proper caution to prevent their being entitled to a salary from the province, after a salary from the Crown should commence, if the warrants for the paymerit of such salary should hereafter be received. T. HUTCHINSON. 368 MASSACHUSETTS STATE PAPERS. SPEECH OF TftE GOVERNOR TO BOTH HOUSES, FEBRUARY 16, 1773. Gentlemen of the Council, and Gentlemen of the House of Representatives, The proceedings of such of the inhabitants of the town of Boston, as assembled together, and passed and published their re- solves or votes, as the act of the town, at a legal town meeting, denying, in the most express terms, the supremacy of Parliament, and inviting every other town and district in the province, to adopt the same principle, and to establish committees of corres- pondence, to consult upon proper measures to maintain it, and the proceedings of divers other towns, in consequence of this in- vitation, appeared to me to be so unwarrantable, and of such a dangerous nature and tendency, that I thought myself bound to call upon you in my speech at opening the session, to join with me in discountenancing and bearing a proper testimony against such ir- , regularities and innovations. I stated to you fairly and truly, as I conceived, the constitution of the kingdom and of the province, so far as relates to the depend- ence of the former upon the latter; and I desired you, if you dif- fered from me in sentiments, to show me, with candor, my own errors, and to give your reasons in support of your opinions, so far as you might differ from me. I hoped that you would have considered my speech by your joint committees, and have given me a joint answer ; but, as the House of Representatives have de- clined that mode of proceeding, and as your principles in govern- ment are very different, I am obliged to make separate and dis- tinct replies. I shall first apply myself to you, Gentlemen of the Council, The two first parts of your answer, which respect the disorders occasioned by the stamp act, and the general nature of supreme authority, do not appear to me to have a tendency to invalidate any thing which I have said in my speech ; for, however the stamp act may have been the immediate occasion of any disorders, the authority of Parliament was, notwithstanding, denied, in order to justify or excuse them. And, for the nature of the supreme autho- rity of Parliament, I have never given you any reason to suppose, that I intended a more absolute power in Parliament, or a greater degree of active or passive obedience in the people, than what is founded in the nature of government, let the form of it be what it may. I shall, therefore, pass over those parts of your answer, without any other remark. I would also have saved you the trou- ble of all those authorities which you have brouglit to show, that MASSACHUSETTS STATE PAPERS. 369 all taxes upon English subjects, must be levied by virtue of the act, ii(»t of the King alone, but in conjunction with the Lords and Commons, for I should very readily have allowed it; and I should as readily have allowed, that all other acts of legislation must be passed by the same joint authority, and not by the King alone. Indeed, I am not willing to continue a controversy with you, upon any other parts of your answer. I am glad to find, that in- dependence is not what you have in contemplation, and that you will not presume to prescribe the exact limits of the authority of Parliament, only, as with due deference to it, you are humbly of opinion, that, as all human authority in the nature of it is, and ought to be limited, it cannot constitutionally extend, for the rea- sons jou have suggested, to the levying of taxes, in any form, on his Majesty's subjects of this province. -» I will only observe, that your attempts to draw a line as the limits of the supreme authority in government, by distinguishing some natural rights, as more peculiarly exempt from such autho- rity than the rest, rather tend to evince the impracticability of drawing such a line ; and, that some parts of your answer seem to infer a supremacy in the province, at the same time that you ac- knowledge tlie supremacy of Parliament ; for otherwise, the rights of the subjects cannot be the same in all essential respects, as you suppose them to be, in all parts of the dominions, " under a like form of Legislature." From these, therefore, and other considerations, I cannot help flattering myself, that, upon more mature deliberation, and in or- der to a more consistent plan of government, you will choose rather to doubt of the expediency of Parliament's exercising its authority in cases that may happen, than to limit the authority itself, espe- cially, as you agree with me in the proper method of obtaining a redress of grievances by constitutional representations, which can- not well consist with a denial of the authority to which the repre- sentations are made ; and from the best information I have been able to obtain, the denial of the authority of Parliament, express- ly, or by implication, in those petitions to which you refer, was the c «use of their not being admitted, and not any advice given by the Minister to the Agents of the colonies. I must enlarge, and be more particular in my reply to you. Gentlemen of the House of Representatives. I shall take no notice of that part of your answer, which attri- butes the disorders of the province, to an undue exercise of the power of Parliament ; because you take for granted, what can by no means be admitted, that Parliament had exercised its power without just authority. The sum of your answer, so far as it is pertinent to my speech, is this. You allege that the colonies were an acquisition of foreign ter- vitory, not annexed to the realm of England ; and, therefore, at the 47 • 370 MASSACHUSETTS STATE I'APEIlh. absolute disposal of the Crown ; the King having, as you take it, a constitutional right to dispose of, and alienate any part of his ter- ritories, not annexed to the realm ; that Queen Elizabeth accord- ingly conveyed the property, dominion, and sovereignty of Vir- ginia, to Sir Walter Raleigh, to be held of the Crown by homage and a certain render, without reserving any share in the legisla- tive and executive authority ; that the subsequent grants of Ame- rica were similar in this respect ; that they were without any re- servation for securing the subjection of the colonists to the Parlia- ment, and future laws of England ; that this was the sense of the English Crown, the nation, and our predecessors, when they first took possession of this country ; that if the colonies were not then annexed to the realm, they cannot have been annexed since that time ; that if they are not now annexed to the realm, they are not part of the kingdom ; and, consequently, not subject to the legis- lative authority of the kingdom ; for no country, by the common law, was subject to the laws or to the Parliament, but the realm of England. Now, if this foundation shall fail you in every part of it, as I think it will, the fabric which you have raised upon it must cer- tainly fall. Let me then observe to you, that as English subjects, and agree- able to the doctrine of feudal tenure, all our lands and tenements are held mediately, or immediately of the Crown, and although the possession and use, or profits, be in the subject, there still remains a dominion in the Crown. When any new countries are discov- ered by English subjects, according to the general law and usage of nations, they become part of the state, and, according to the feudal system, the lordship or dominion, is in the Crown ; and a right accrues of disposing of such territories, under such tenure, or for such services to be performed, as the Crown shall judge proper ; and whensoever any part of such territories, by grant from the Crown, becomes the possession or property of private persons, such persons, thus holding, under the Crown of England, remain, or become subjects of England, to all intents and purposes, as fully, as if any of the royal manors, forests, or other territory, within the realm, had been granted to them upon the like tenure. But, that it is now, or was, when the plantations were first gianted, the prerogative of the Kings of England to alienate such territo- ries from the Crown, or to constitute a number of new govern- ments, altogether independent of the sovereign legislative authority of the English empire, I can by no means concede to you. I have never seen any better authority to support such an opinion, than an anonymous pamphlet, by which, I fear, you have too easily been misled ; for I shall presently show you, that the declarations of King James the I. and of King Charles the I. admitting they are truly related by the author of this pamphlet, ought to have no weight with you ; nor doesi the cession or restoration, upon a treaty P* MASSACHUSETTS STATE PAPERS. 371 of peace, of countries which have been lost, or acquired in war, militate with these principles ; nor may any particular act of power of a prince, in selling, or delivering up any part of his dominions to a foreign prince or state, against the general sense of the na- tion, be urged to invalidate them ; and. upon examinition, it will appear, that all tb.e grants which have been made of America, are founded upon them, and are made to conform to them, even those which you have adduced in support of very different principles. You do not recollect, that prior, to what you call the first grant by Queen Elizabeth to Sir Walter Raleigh, a. grant had been made b^ the same Princess, to Sir Humphrey Gilbert, of all such coun- tries as he should discover, which were to be of the allegiance of lier, her heirs and successors ; but he dying in the prosecution of his voyage, a seco?id grant was made to 'Sir Walter Raleigh, which, you say, conveyed the dominion and sovereignty, without any re- serve of legislative or executive authority, being held by homage and a render. To hold by homage, which implies fealty, and a render, is descriptive of soccage tenure as fully, as if it had been said to hold as of our manor of East Greenwich, the words in your charter. Now, this alone was a reserve of dominion and sove- reignty in the Queen, her heirs and successors; and, besides this, the grant is made upon this express condition, which you pass over, that the people remain subject to the Crown of England, the head of that legislative authority, which, by the English constitu- tion, is equally extensive with the authority of the Crown, through- out every part of the dominions. Now, if we could suppose the Queen to have acquired, separate from her relation to her subjects, or in her natural capacity, which she could not do, a title to a country discovered by her subjects, and then to grant the same country to English subjects, in her public capacity as Queen of England, still, by this grant, she annexed it to the Crown. Thus by not distinguishing between the Crown of England, and the Kings and Queens of England, in their personal or natural capacities, you have been led into a fundamental error, which must prove fatal to your system. It is not material, whether Virginia reverted to the Crown by Sir Walter's attainder, or whether he never took any benefit from his grant, though the latter is most probable, seeing he ceased from all attempts to take possession of the country after a few years trial. There were, undoubtedly, divers grants made by King James tlie I. of the continent of America, in the beginning of the seventeenth century, and similar to the grant of Queen Eliza- beth, in this respect, that they were dependent on the Crown. The charter to the Council at Plymouth, in Devon, dated Novem- ber 3, 1620, more immediately respects us, and of that we have the most authentic remains. By this charter, upon the petition of Sir Ferdinando Gorges, a corporation was constituted, to be, and continue by succession, forever in the town of Plymouth aforesaid, to which corporation^ 372 MASSACHUSETTS STATE PAPERS. that part of the American continent, which lies between 40 and 48 degrees of latitude, was granted, to be held of the King, his heirs and successors, as of the manor of East Greenwich, with powers to constitute subordinate governments in America, and to make laws for such governments, not repugnant to the laws and statutes of England. From this corporation, your predecessors obtained a grant of the soil of the colony of Massachusetts Ray, in 1627, and in l628,*they obtained a charter from King Charles the I. making them a distinct corporation, also within the realm, and giving them full powers within the limits of their patent, very like to those of the Council of Plymouth, throughout their more exten- sive territory. We will now consider what must have been the sense of the King, of the nation, and of the patentees, at the time of granting these patents. From the year 1602, the banks and sea coasts of New England had been frequented by English subjects, for catch- ing and drying cod fish. When an exclusive right to the fishery was claimed, by virtue of the patent of 1620, the House of Com- mons was alarmed, and a bill was brought in for allowing a free fishery; and, it was upon this occasion, that one of the Secretaries of State declared, perhaps, as his own opinion, that the plantations were not annexed to the Crown, and so were not within the juris- diction of Parliament. Sir EdAvin Sandys, who was one of the Virginia Company, and an eminent lawyei-, declared, that he knew Virginia had been annexed, and was held of the Crown, as of the manor of East Greenwich, and he believed New England was so also ; and so it most certainly was. This declaration, made by one of the King's servants, you say, shewed the sense of the Crown, and, being not secretly, but openly declared in Parliament, you would make it the sense of the nation also, notwithstanding your own assertion, that the Lords and Commons passed a bill, that shewed their sense to be directly the contrary. But if there had been full evidence of express declarations made by King James the I. and King Charles the I. they were declarations contrary to their own grants, which declare this country to be held of the Crown, and, consequently, it must have been annexed to it. And may not such declarations be accounted for by other actions of those princes, who, when they were soliciting the Parliament to grant the duties of tonnage and poundage, with other aids, and were, in this way, acknowledging the rights of Parliament, at the same time were requiring the payment of those duties, with ship money, &c. by virtue of their prerogative .►* " But to remove all doubts of the sense of the nation, and of the patentees of this patent, or charter, in 1620, I need only refer you to the account published by Sir Ferdinand© Gorges himself, of the proceedings in Parliament upon this occasion. As he was the most active Member of the Council of Plymouth, and, as he relates what came within his own knowledge and observation, his narra- MASSACHUSETTS STATE PAPERS. 373 tive, which has all the appearance of truth and sincerity, must carry conviction with it. He says, that soon after the patent was passed, and whilst it lay in the Crown Office, he was summoned to appear in Parliament, to answer what was to be objected against it; and the House being in a committee, and Sir Edward Coke, that great oracle of the law, in the chair, he was called to the bar, and was told by Sir Edward, that the House understood that a patent had been granted to the said Ferdinaud(», and divers other noble persons, for establishing a colony in New England, that this was deemed a grievance of the Commonwealth, contrary to the laws, and to the privileges of the subject, that it was a monopoly, &c. and he required the delivery of the patent into the House. Sir Ferdinando Gorges made no doubt of the authority of the House, but submitted to their disposal of the patent, as, in their wisdom, they thought good ; " not knowing, under favor, how any action of that kind could be a grievance to the public, seeing it was undertaken for the advancement of religion, the enlargement of the bounds of our nation, &c. He was willing, however, to sub- mit the whole to their honorable censures." After divers attend- ances, he imagined he had satisfied the House, that the planting a colony, was of much more consequence, than a simple disorderly course of fishing. He was, notwithstanding, disappointed ; and, when the public grievances of the kingdom were presented by the two Houses, that of the patent for New England was the first. I do not know how the Parliament could have shewn more fully the sense they then had of their authority over this new acquired ter- ritory ; nor can we expect better evidence of the sense which the patentees had of it, for I know of no historical fact, of which we have less reason to doubt. And now, gentlemen, I will shew you how it appears from our charter itself, which you say, I have not yet been pleased to point out to you, except from that clause, which restrains us from mak- ing laws repugnant to the laws of England ; that it was the sense of our predecessors, at the time when the charter was granted, that they were to remain subject to the supreme authority of Parlia- ment. Besides this clause, which I shall have occasion further to re- mark upon, before I finish, you will find, that, by the charter, a grant was made, of exemption from all taxes and impositions upon any goods imported into New England, or exported from thence into England, for the space of twenty -one years, except the custom of five per cent, upon such goods, as, after the expiration of seven years, should be brought into England. Nothing can be more plain, than that the charter, as well as the patent to the Council of Plymouth, constitutes a corporation in England, with powers to create a sub- ordinate government or governments within the plantation, so that there would always be subjects of taxes and impositions both in the kingdom and in the plantation. An exemption for twenty- '^ - MASSACHUSETTS STATE PAPERS. one years, implies a right of imposition after the expiration of the term, and there is no distinction between the kingdom and the plantation. By what authority then, in the understanding of the parties, were those impositions to be laid ? If any, to support a system, should say by tlie King, rather than to acknowledge the authority of Parliament, yet this could not be the sense of one of our principal patentees, Mr. Samuel Vassal, who, at that instant, 1628, the date of the charter, was suffering the loss of his goods, rather than submit to an imposition laid by the King, without the authority of Parliament ; and to prove, that a few years after, it could not be the sense of the rest, I need only to refer you to your own records for the year 1642, where you will find an order of the House of Commons, conceived in such terms, as discover a plain reference to this part of the charter, after fourteen years of the twenty-one were expired. By this order, the House of Commons declare, that all goods and merchandize exported to New England, or imported from thence, shall be free from all taxes and imposi- tions, both in the kingdom and New England, until the House shall take further order therein to the contrary. The sense which our predecessors had of the benefit which they took from this or- der, evidently appears from the vote of the General Court, ac- knowledging their humble thankfulness, and preserving a grateful remembrance of the honorable respect from that high court, and resolving, that the order sent unto them, under the hand of the Clerk of the honorable House of Commons, shall be entered among their public records, to remain there unto posterity. And, in an address to Parliament, nine years after, they acknowledge, among other undeserved favors, that of taking off the customs from them. I am at a loss to know what your ideas could be, when you say, that if the plantations are not part of the realm, they are not part of the kingdom, seeing the two words can properly convey but one idea, and they have one and the same signification in the different languages from whence they are derived. I do not charge you with any design ; but the equivocal use of the word realm, in seve- ral parts of your answer, makes them perplexed and obscure. Sometimes you must intend the whole dominion, which is subject to the authority of Parliament ; sometimes only strictly the terri- torial realm to which other dominions are, or may be annexed. If you mean that no countries, but the ancient territorial realm, can, constitutionally, be subject to the supreme authority of England, which you have very incautiously said, is a rule of the common law of England ; this is a doctrine which you will never be able to support. That the common law should be controled and chang- ed by statutes, every day's experience teaches, but that the com- mon law prescribes limits to the extent of the Legislative power, I believe has never been said upon any other occasion. That acts of Parliaments, for several hundred years past, have respected countries, which are not strictly within the realm, you might easily MASSACHUSETTS STATE PAPERS. 375 have discovered by the statute books. You will find acts for reg- ulating the affairs of Ireland, though a separate and distinct king- dom. Wales and Calais, whilst they sent no Representatives to Parliament, were subject to the like regulations ; so are Guernsey, Jersey, Alderney, &c. which send no Members to this day. These countries are not more properly a part of the ancient realm, than the plantations, nor do I know they can more properly be said to be annexed to the realm, unless the declaring that acts of Parlia- ment shall extend to Wales, though not particularly named, shall make it so, which I conceive it does not, in the sense you intend. Thus, I think, I have made it appear that the plantations, though not strictly within the realm, have, from the beginning, been con- stitutionally subject to the supreme authority of the realm, and are so far annexed to it, as to be, with the realm and the other de-" pendencies upon it, one entire dominion ; and that the plantation, or colony of Massachusetts Bay in particular, is holden as feuda- tory of the imperial Crown of England. Deem it to be no part of the realm, it is immaterial ; for, to use the words of a very great authority in a case, in some respects analogous, " being feuda- tory, the conclusion necessarily follows, that it is under the govern- ment of the King's laws and the King's courts, in cases proper for them to interpose, though (Hke Counties Palatine) it has peculiar laws and customs, jura regalia, and complete jurisdiction at home." Your remark upon, and construction of the words, not repug- nant to the laws of England, are much the same with those of the Council; but, can any reason be assigned, why the laws of Eng- land, as they stood just at that period, should be pitched upon as the standard, more than at any other period ? If so, why was it not recurred to, when the second charter was granted, more than sixty years after the first ? It is not improbable, that the original intention might be a repugnancy in general, and a fortiori, such laws as were made more immediately to respect us, but the sta- tute of 7th and 8th of King William and Queen Mary, soon after the second charter, favors the latter construction only ; and the province agent, Mr. Dummer, in his much applauded defence of the charter, says, that, then a law in the plantations may be said to be repugnant to a law made in Great Britain, when it flatly con- tradicts it, so far, as the law made there, mentions and relates to the plantations. But, gentlemen, there is another clause, both in the first and second charter, which, I think, will serve to explain this, or to render all dispute upon the construction of it unneces- sary. You are enabled to impose such oaths only, as are warrant- able by, or not repugnant to the laws and statutes of the realm. I believe you will not contend, that these clauses must mean such oaths only, as were warrantable at the respective times when the charters were granted. It has often been found necessary, since the date of the charters, to alter the forms of the oaths to the gov- 376 MASSACHUSETTS STATE PAPERS. ernment by acts of Parliament, and such alterations have always been conformed to in the plantations. Lest you should think that I admit the authority of King Charles the II. in giving his assent to an act of the Assembly of Virginia, which you subjoin to the authorities of James the 1. and Charles the I. to have any weight, I must observe to you, that I do not see any greater inconsistency with Magna Charta, in the King's giving his assent to an act of a subordinate Legislature immediately, or in person, than when he does it mediately by his Governor or Sub- stitute J but, if it could be admitted, that such an assent discovered the King's judgment that Virginia was independent, would you lay any stress upon it, when the same King was, from time to time, giving his assent to acts of Parliament, which inferred the depend- ence of all the colonies, and had by one of those acts, declared the plantations to be inhabited and peopled by his Majesty's subjects of England ^ I gave you no reason to remark upon the absurdity of a grant to persons born within the realm, of the same liberties which would have belonged to them, if they had been born within the realm ; but i-ather guarded against it, by considering such giant as declar- atory only, and in the nature of an assurance, that the plantations would be considered as the dominions of England. But is there no absurdity in a grant from the King of England, of the liberties and immunities of Englishmen to persons born in, and who are to inhabit other territories than the dominions of England ; and would such grant, whether by charter, or other letters patent, be sufficient to make them inheritable, or to entitle them to the other liberties and immunities of Englishmen, in any part of the English domin- ions ? As I am willing to rest the point between us, upon the planta- tions having been, from their first discovery and settlement under the Oown, a part of the dominions of England, I shall not take up any time in remarking upon your arguments, to show, that since that time, they cannot have been made a part of those dominions. The remaining parts of your answer, are principally intended to prove, that under both charters, it hath been the sense of the peo- ple, that they were not subject to the jurisdiction of Parliament, and, for this purpose, you have made large extracts from the history of the colony. Whilst you are doing honor to the book, by laying any stress upon its authority, it would have been no more than justice to the author, if you had cited some other passages, which would have tended to reconcile the passage in my speech, to the history. I have said, that except about the time of the anarchy, which preceded the restoration of King Charles the IL I have not discovered that the authority of Parliament had been called in question, even by particular persons. It was, as I take it, from the principles imbibed in those times of anarchy, that the persons of influence, mentioned in the history, disputed the authority ot TUASSACIIUSETTS STATE PAPERS. 377 Parliament, but the government would not venture to dispute it. On the contrary, in four or five years after the restoration, the government declared to the King's commissioners, that the act of navigation had been for some years observed here, that they knew not of its being greatly violated, and that such laws as appeared to be against it, were repealed. It is not strange, that these per- sons of influence, siiould prevail upon a great part of the people to fall in, for a time, witli their opinions, and to suppose acts of the colony necessary to give force to acts of Parliament. The govern- ment, however, several ^-^ears before the charter was vacated, more explicitly acknowledged the authority of Parliament, and voted that their Governor should take the oath required of him, faith- fully to do, and perform all matters and things, enjoined him by tlie acts of trade. I have not recited in my speech, all these par- ticulars, nor had I them all in my mind ; but, I think, I have said nothing inconsistent with them. My principles in government, are still the same, with what they appear to be in the book, you refer to ; nor am 1 conscious, that by any part of my conduct, I have given cause to suggest the contrary. Inasmuch, as you say, that I have not particularly pointed out to you the acts and doings of the General Assembly, which relate to acts of Parliament ; I will do it now, and demonstrate to you, that such acts have been acknowledged by the Assembly, or sub- mitted to by the people. From your predecessors removal to America, until the year 1640. tlrere was no session of Parliament; and the first short session, of a few days only, in 1640, and the whole of the next session, un- til the withdraw of the King, being taken up in the disputes between the King and the Parliament, there could be no room for plantation affairs. Soon after the King's withdraw, the House of Commons passed the memorable order of 1642; and, from that time to the restoration, this plantation seems to have been distin- . guished from the rest ; and the several acts and ordinances, which respected the other plantations, were never enforced here ; and, possibly, under color of the exemption, in 1642, it might not be intended they should be executed. For fifteen or sixteen years after the restoration, there was no officer of the customs in the colony, except the Governor, annually elected by the people, and the acts of trade were but little regard- ed ; nor did the Governor take the oath required of Governors, by the act of the 12th of King Charles the II. until the time which I have mentioned. Uppn the revolution, the force of an act of Par- liament was evident, in a case of as great importance, as any which could happen to the colony. King William and Queen Mary were proclaimed in the colony, King and Queen of England, France, and Ireland, and the dominions thereunto belonging, in the room of King James ; and this, not by virtue of an act of the colony, for no such act ever passed, but by force of an act of Parliament, which 48 378 MASSACHUSETTS STATE PAPERS. altered the succession to the Crown, and for which, the people, waited several weeks, with anxious concern. By force of another act of Parliament, and that oidy, such officers of the colony as had taken the oaths of allegiance to King James, deemed themselves at liberty to take, and accordingly did take, the oaths to King "William and Queen Mary. And that I may mention other acts of the like nature together, it is by force of an act of Parliament, that the illustrious house of Hanover succeeded to the throne of Britain and its dominions, and by several other acts, the forms of the oaths have, from time to time, been altered ; and, by a late act, that form was established which every one of us has com- plied with, as the cliarter, in express words, requires, and makes our duty. Shall we now dispute, whether acts of Parliament have been submitted to, when we find them submitted to, in points which are of the very essence of our constitution .'' If you should disown that authority, which has power even to change the succession to the Crown, are you in no danger of denying the authority of our most gracious Sovereign, which I am sure none of you can have in your thoughts .^ I think 1 have before shewn you, gentlem^i, what must have been the sense of our predecessors, at the time of the first charter ; let us now, whilst we are upon the acts and doings of the Assem- , bly, consider what it must have been at the time of the second charter. Upon the first advice of the revolution, in England, the authority which assumed the government, instructed their agents to petition Parliament to restore the first charter, and a bill for that purpose, passed the House of Commons, but went no fur- ther. Was not this owning the authority of Parliament ^ By an act of Parliament, passed in the first year of King William and Queen Mary, a form of oaths was established, to be taken by those Princes, and by all succeeding Kings and Queens of England, at their coronation ; the first of which is, that they will govern the people of the kingdom, and the dominions thereunto belonging, according to the statutes in Parliament agreed on, and the laws and customs of the same. When the colony directed their agents to make their humble application to King William, to grant the second charter, they could have no other pretence, than, as they were inhabitants of part of the dominions of England ; and they also knew the oath the King had taken, to govern them according to the statutes in Parliament. Surely, then, at the time "bf this charter, also, it was the sense of our predecessors, as well as of the King and of the nation, that there was, and would remain, a supremacy in the Parliament. About the same time, they ac- knowledge, in an address to the King, that they have no power to make laws repugnant to the laws of England. And, immediately after the assumption of the powers of government, by virtue of the new charter, an act was passed to revive, for a limited time, all the local laws of the colonies of Massachusetts Bay and New Ply- MASSACHUSETTS STATE PAPERS. 379 mouth, respectively, not repugnant to the Uiws of England. And^ at tlie same session, an act passsed, establishing naval officers, in several ports of the province, for which, this r^sason is given ; that all undue trading, contrary to an act of Parliament, made in the 15th year of King Charles the II. may be prevented in this, their Majesty's province. The act of this province, passed so long ago as the second year of King George the I. for stating the fees of the custom house officers, must have relation to the acts of Par- liament, by which they are constituted ; and the provision made in that act of the province, for extending the port of Boston to all the roads, as far as Cape Cod, could be for no other purpose, than for the more effectual carrying the acts of trade into execution. And, to come nearer to the present time, when an act of Parliament had passed, in 1771, for putting an end to certain unwarrantable schemes, in this province, did the authority of government, or those persons more immediately affected by it, ever dispute the va- lidity of it .'' On the contrary, have not a number of acts been passed in the province, the burdens to which such persons were subjected, might be equally apportioned ; and have not all those acts of the province been very carefully framed, to prevent their militating with the act of Parliament ? I will mention, also, an. act of Parliament, made in the first year of Queen Anne, although the proceedings upon it, more immediately respected the Council. By this act, no office, civil or military, shall be void, by the death of the King, but shall continue six months, unless suspended, or made void, by the next successor. By force of this act. Governor Dudley continued in the administration six months from the de- mise of Queen Anne, and immediately after, the Council assumed the administration, and continued it, until a proclamation arrived from King George, by virtue of which, Governor Dudley reassumed the government. It would be tedious to enumerate the addresses, votes and messages, of both the Council and House of Represent- atives, to the same purpose. I have said enough to shew that this government has submitted to Parliament, from a conviction of its constitutional supremacy, and this not from inconsideration, nor merely from reluctance at the idea of contending with the parent state. If, then, I have made it appear, that both by the first and second charters, we hold our lands, arid the authority of government, not of the King, but of the Crown of England, that being a dominion of the Crown of England, we are consequently subject to the su- preme authority of England. That this hath been the sense of this plantation, except in those few years when the principles of anar- chy, which had prevailed in the kingdom, had not lost their influ- ence here ; and if, upon a review of your principles, they shall appear to you to have been delusive and erroneous, as I think they must, or, if you shall only be in doubt of them, you certainly will not draw that conclusion, which otherwise you might do, and •which I am glad you have hitherto avoided j especially when you 380 MASSACHUSETTS STATE PAPERS. consider the obvious and inevitable distress and misery of inde- pendence upon our mother country, if such independence could be allowed or maintained, and the probability of much greater dis- tress, which we arc not able to foresee. You ask me, if we have not reason to fear we shall soon be re- duced to a worse situation than that of the colonies of France, Spain, or Holland. I may safely affirm that we have not ; that ive have no reason to fear any evils from a submission to the au- thority of Parliament, equal to what we must feel from its autho- rity being disputed, from an uncertain rule of law and government. For more than seventy years together, the supremacy of Parlia- ment was acknowledged, without complaints of grievance. The effect of every measure cannot be foreseen by human wisdom. What can be expected more, from any authority, than, when the unfitness of a measure is discovered, to make it void ? When, upon the united representations and complaints of the American colonies, any acts have appeared to Parliament, to be unsalutary, have there not been repeated instances of the repeal of such acts ? We cannot expect these instances should be carried so far, as to be equivalent to a disavowal, or relinquishment of the right itself. Why, then, shall we fear for ourselves, and our posterity, greater I'igor of government for seventy years to come, than what we, and our predecessors have felt, in the seventy years past. You must give me leave, gentlemen, in a few words, to vindicate myself from a charge, in one part of your answer, of having, by my speech, reduced you to the unhappy alternative of appearing, by your silence, -to acquiesce in my sentiments, or of freely discussing this point of the supremacy of Parliament. I saw, as I have before observed, the capital town of the province, without being reduced to such an alternative, voluntarily, not only discussing but deter- mining this point, and inviting every other town and district in the province to do the like. I saw that many of the principal towns had followed the example, and that there was imminent danger of a compliance in most, if not all the rest, in order to avoid being- distinguished. Was not I reduced to the alternative of rendering myself justly obnoxious to the displeasure of my Sovereign, by ac- quiescing in such irregularities, or of calling upon you to join with me in suppressing them ? Might I not rather have expected from you an expression of your concern, that any persons should project and prosecute a plan of measures, which would lay me under the necessity of bringing this point before you ? It was so far from be- ing my inclination, that nothing short of a sense of my duty to the King, and the obligations I am under to consult your true intei-est, eould have compelled me to it. Gentlemen of the Council, and Gentlemen of the House of Representatives, We all profess to be the loyal and dutiful subjects of the King MASSACHUSETTS STATE PAPERS. 381 of Great Britain. His Majesty considers the British empire as one entire dominion, subject to one supreme legislative power ; a due submission to which, is essential to the maintenance of the rights, liberties and privileges of the several parts of this dominion. We have abundant evidence of his Majesty's tender and impartial regard to the rights of his subjects ; and I am authorised to say, that " his Majesty will most graciously approve of every constitu- tional measure that may contribute to the peace, the happiness, and prosperity of his colony of Massachusetts Bay, and which may have the effect to shew to "the v/orld, that he has no wish beyond that of reigning in the hearts and affections of his people." T. HUTCHINSON. ANSWER OF THE COUNCIL TO THE SPEECH OF GOVERNOR HUTCHINSON, OF FEBRUARY SIXTEENTH FEBRUARY 25, 1773. May it please your Excellency, As a small part only of your Excellency's last speech to botli Houses, is addressed to the Board, there are but a few clauses on which we shall remark. With regard to the disorders that have arisen, your Excellency and the Board, have assigned different causes. The cause yoii are pleased to assign, together with the disorders themselves, we suppose to be effects, arising from the stamp act, and certain other acts of Parliament. If we were not mistaken in this, which you do not assert, it so far seems to invalidate what is said in your speech, on that head. We have taken notice of this only, because it stands connected with another matter, on which we would make a few further ob- servations. What we refer to, is the general nature of supreme authority. We have already offered reasons, in which your Ex- cellency seems to acquiesce, to shew that, though the term iw- preme, sometimes carries with it the idea of unlimited authority, it cannot, in that sense, be applied to that which is human. What is usually denominated the supreme authority of a nation, must nevertheless be limited in its acts to the objects that are properly or constitutionally cognizable by it. To illustrate our meaning, we beg leave to quote a passage from your speech, at the openinj;; of the session, where your Excellency says, ^ so much of the spirit of liberty breathes through all parts of the English constitution, that, although from the nature of government, there must he one supreme authority over the whole, yet, this constitution will admit MASSACHUSETTS STATE PAPERS. of subordinate powers, with legislative and executive authority, greater or less, according to local and other circumstances." This is very true, and implies that the legislative and executive author- ity granted to the subordinate powers, should extend and operate, as far as the grant allows ; and that, if it does not exceed the lim- its prescribed to it, and no forfeiture be incurred, the supreme power has no rightful authority to take away or diminish it, or to substitute its own acts, in cases wherein the acts of the subordi- nate power can, according to its constitution, operate. To suppose the contrary, is to suppose, that it has no property in the privileges granted to it ; for, if it holds them at the will of the supreme power, which it must do, by the above supposition, it can have no property in them. Upon which principle, which involves the contradiction, that what is granted, is, in reality, not granted, no subordinate power can exist. But, as in fact, the two powers are not incompatible, and do subsist together, each restraining its acts to their constitutional objects, can we not from hence, see how the supreme power may supervise, regulate, and make general laws for the kingdom, without interfering with the privileges of the sub- ordinate powers within it ? And also, see how it may extend its care and protection to its colonies, without injuring their consti- tutional rights ? What has been here said, concerning supreme authority, has no reference to the manner in which it has been, in fact, exercised ; but is wholly confined to its general nature. And, if it conveys any just idea of it, the inferences that have been, at any time, deduced from it, injurious to the rights of the colonists, are not well founded ; and have, probably, arisen from a miscon- ception of the nature of that authority. Your Excellency represents us, as introducing a number of au- thorities, merely to shew, that " all taxes upon English subjects, must be levied by virtue of the act, not of the King alone, but in conjunction with the Lords and Commons ;" and, are pleased to add, that "you should very readily have allowed it; and you should as readily have allowed, that all other acts of legislation, must be passed by the same joint authority, and not by the King alone." Your Excellency " would have saved us the trouble of all those authorities ;" and, on our part, we should have been as wil- ling to have saved your Excellency the trouble of dismembering our argument, and from thence, taking occasion to represent it in a disadvantageous light, or rather, totally destroying it. Injustice to ourselves, it is necessary to recapitulate that arg^j ment, adduced to prove the inhabitants of this province are not, constitutionally, subject to Parliamentary taxation. In order thereto, we recurred to Magna Charta, and other authorities. And the argument abridged, stands thus : that, from those author- ities, it appears an essential part of the English constitution, "that no tallage, or aid, or tax, shall be laid or levied, without the good will and assent of the freemen of the commonaltv of thf MASSACHUSETTS STATE PAPERS. 583 i-ealm." That, from common law, and the province charter, the inhabitants of this province are clearly entitled to all the rights of free and natural subjects, within the realm. That, among those rights, must be included the essential one just mentioned, concern- ing aids and taxes ; and therefore, that no aids or taxes can be levied on us, constitutionally, without our own consent, signified by our Representatives. From whence, the conclusion is clear, that therefore, the inhabitants of this province are not, constitution- ally, subject to Parliamentary taxation. We did not bring those authorities to shew the tax acts, or any other acts of Parliament, in order to their validity, must have the concurrence of King, Lords, and Commons ; but to shew, that it has been, at least from the time of Magna Charta, an essential right of free subjects witliin the realm, to be free from all taxes, but such as were laid with their own consent. And it was proper to shew this, as the rights and liberties, granted by the province char- ter, were to be equally extensive, to all intents and purposes, with those enjoyed by free and natural subjects within the realm. Therefore, to shew our own right in relation to taxes, it was neces- sary to shew the rights of freemen within the realm, in relation to them ; and for this purpose, those authorities were brought, and not impertinently, as we humbly apprehend. Nor have we seen rea- son to change our sentiments with respect to this matter, or any other contained in our answer to your Excellency's speech. In the last clause of your speech, your Excellency informs the two Houses, " you are authorised to say, that his Majesty will most graciously approve of every constitutional measure, that may contribute to the peace, the happiness and prosperity of his colony of Massachusetts Bay." We have the highest sense of his Majes- ty's goodness in his gracious disposition to approve of such mea- sures, which, as it includes his approbation of the constitutional rights of his subjects of this colony, manifests his inclination to protect them in those rights ; and to remove the incroachments that have been made upon them. Of this act of royal goodness, they are not wholly unworthy, as in regard to loyalty, duty, and affection to his Majesty, they stand among the foremost of his faith- ful subject«. [The committee who prepared this answer, were, Mr. Bowdoin^ Col. Otis, Mr. Dexter, Col.- Ward, and Mr. Spooner.] 384 MASSACHUSETTS STATE PAPERS. ^ ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE SPEECH OF THE GOVERNOR, OF FEBRUARY SIXTEENTH MARCH 2, 1773. May it please your Eivcellency, In your speech, at the opening of the present sessio«, your Excellency expressed your displeasure, at some late proceedings of the town of Boston, and other principal towns in the province. And, in another speech to both Houses, we have your repeated exceptions at the same proceedings, as being " unwarrantable," and of a dangerous nature and tendency ; " against which, you thought yourself bound to call upon us to join with you in bearing a proper testimony." This House have not discovered any prin- ciples advanced by the town of Boston, that are unwarrantable by the constitution ; nor does it appear to us, that they have " invit- ed every other town and distrinct in the province, to adopt their principles." We are fully convinced, that it is our duty to bear our testimony against " innovations, of a dangerous nature and tendency ;" but, it is clearly our opinion, that it is the indisputa- ble right of all, or any of his Majesty's subjects, in this province, regularly and orderly to meet together, to state the grievances they labor under ; and, to propose, and unite in such constitutional measures, as they shall judge necessary or proper, to obtain re- dress. This right has been frequently exercised by his Majesty's subjects within the realm ; and, we do not recollect an instance, since the happy revolution, when the two Houses of Parliament have been called upon to discountenance, or bear their testimony against it, in a speech from the throne. Your Excellency is pleased to take notice of some things, which we " allege," in our answer to your first speech ; and, the obser- vation you make, we must confess, is as natural, and undeniably true, as any one that could have been made ; that, " if our founda- tion shall fail us in every part of it, the fabric we have raised upon it, must certainly fall." You think this foundation will fail us ; but, we wish your Excellency had condescended to a considera- tion of what we have " adduced in support of our principles." We might then, perhaps, have had some things offered for our con- viction, more than bare affirmations ; which, we must beg to be excused, if we say, are far from being sufficient, though they came with your Excellency's authority, for which, however, we have a due legard. Your Excellency says, that, " as English subjects, and agreeable to the doctrine of the feudal tenure, all our lands are held medi- ately, or immediately, of the Crown." We trust, your Excellency does not mean to introduce tlie feudal system in its perfection .: MASSACHUSETTS STATE PAPERS. 385 which, to use the words of one of our greatest historians, was " a stati of perpetual war, anarchy, and confusion, calculated solely for defence against the assaults of any foreign power ; but, in its provi- sion for the interior order and tranquillity of society, extremely de- fective. A constitution, so contradictory to all the principles that govern mankind, could never be brought about, but by foreign con- quest or native usurpation." And, a very celebrated writer calls it, " that most iniquitous and absurd form of government, by which human nature was so shamefully degraded." This system of ini- quity, by a strange kind of fatality, " though originally formed for an encampment, and for military purposes only, spread over a great part of Europe ;" and, to serve the purposes of oppression and ty- ranny, " was adopted by princes, and wrought into their civil con- stitutions ;" and, aided by the canon law, calculated by the Roman Pontiff, to exalt himself above all that is called God, it prevailed to the almost utter extinction of knowledge, virtue, religion, and lib- erty from that part of the earth. But, from the time of the reform- ation, in proportion as knowledge, which then darted its rays upon the benighted world, increased, and spread among the people, they grew impatient under this heavy yoke ; and the most virtuous and sensible among them, to whose steadfastness, we, in this distant age and climate, are greatly indebted, were determined to get rid of it ; and, though they have in a great measure subdued its power and influence in England, they have never yet totally eradicated its principles. Upon these principles, the King claimed an absolute right to, and a perfect estate in, all the lands within his dominions ; but, how he came by this absolute right and perfect estate, is a mystery Avhich we have never seen unravelled, nor is it our business or design, at present, to inquire. He granted parts or parcels of it to his friendsj the great men, and they granted lesser parcels to their tenants. All, therefore, derived their right and held their lands, upon these principles, mediately or immediately of the King ; which Mr. Black- stone, however, calls, " in reality, a mere fiction of our English tenures." By what right, in nature and reason, the christian princes in Eu- rope, claimed the lands of heathen people, upon a discovery made by any of their subjects, is equally mysterious. Such, however, was the doctrine universally prevailing, when the lands in America were discovered ; but, as the people of England, upon those principles, held all the lands they possessed, by grants from the King, and the King had never granted the lands in America to them, it is certain they could have no sort of claim to them. Upon the principles ad- vanced, the lordship and dominion, like that of the lands in England, was in the King solely ; and a right from thence accrued to him, of disposing such territories, under such tenure, and for such services to be performed, as the King or Lord thought proper. But how 49 386 MASSACHUSETTS STATE PAPERS. the grantees became subjects of England, that is, the supreme au- thority of the Parliament, your Excellency has not explained to us. We conceive that upon the feudal principles, all power is in the King ; they afford us no idea of Parliament. " The Lord was in early times, the Legislator and Judge over all his feudatories," says Judge Blackstone. By the struggle for liberty in England, from the days of King John, to the last happy revolution, the constitu- tion has been gradually changing for the better ; and upon the more rational principles, that all men. by nature, are in a state of equality in respect of jurisdiction and dominion, power in England has been more equally divided. And thus, also, in America, though we hold our lands agreeably to the feudal principles of the King ; yet our predecessors wisely took care to enter into compact with the King, that power here should also be equally divided, agreeable to the original fundamental principles of the English constitution, declared in Magna Charta, and other laws and statutes of England, made to confirm them. Your Excellency says, " you can by no means concede to us that it is now, or was, when the plantations were first granted, the pre- rogative of the Kings of England, to constit^ute a number of new governments, altogether independent of the sovereign authority of the English empire." By the feudal principles, upon which you say " all the grants which have been made of America, are founded, the constitutions of the Emperor, have the force of law." If our gov- ernment be considered as merely feudatory, we are subject to the King's absolute will, and there is no authority of Parliament, as the sovereign authority of the British empire. Upon these principles, what could hinder the King's constituting a number of independent governments in America ? That King Charles the I. did actually set up a government in this colony, conceding to it powers of mak- ing and executing laws, without any reservation to the English Par- liament, of authority to make future laws binding therein, is a fact which your Excellency has not disproved, if you have denied it, Nor have you shewn that the Parliament or nation objected to it ; from whence we have inferred that it was an acknowledged right. And we cannot conceive, why the King has not the same right to alienate and dispose of countries acquired by the discovery of his subjects, as he has to "restore, upon a treaty of peace, countries which have been acquired in war," carried on at the charge of the nation ; or to " sell and deliver up any part of his dominions to a foreign Prince or state, against the general sense of the nation ;" which is " an act of power," or prerogative, which your Excellency allows. You tell us, that, " when any new countries are discovered by English subjects, according to the general law and usage of na- tions, they become part of the state. The law of nations is, or ought to be, founded on the law of reason. It was the saying of Sir Edwin Sandis, in the great case of the union of the realm of MASSACHUSETTS STATE PAPERS. 38*7 Scotland with England, which is applicable to our present purpose, that " there being no precedent for. this case in the law, the law is deficient ; and the law being deficient, recourse is to be had to cus- tom ; and custom being insufficient, we must recur to natural rea- son ;" the greatest of all authorities, which, he adds, " is the law of nations." The opinions, therefore, and determinations of the great- est Sages and Judges of the law in the Exchequer Chamber, ought not to be considered as decisive or binding, in our present controversy with your Excellency, any further, than they are consonant to natu- ral reason. If, however, we were to recur to such opinions and determinations, we should find very great authorities in our favor, to show, that the statutes of England are not binding on those who are not represented in Parliament there. The opinion of Lord Coke, that Ireland was bound by statutes of England, wherein they were named, if compared with his other writings, appears manifestly to be grounded upon a supposition, that Ireland had, by an act of their own, in the reign of King John, consented to be thus bound ; and, upon any other supposition, this opinion would be against' rea- son ; for consent only gives human laws their force. We beg leave, upon what your Excellency has observed of the colony becoming a part of the state, to subjoin the opinions of several learned civilians, as quoted by a very able lawyer in this country. " Colonies," says PufFendorf, " are settled in different methods ; for, either the colony continues a part of the Commonwealth it was set out from, or else is obliged to pay a dutiful regard to the mother Common- wealth, and to be in readiness to defend and vindicate its honor, and so is united by a sort of unequal confederacy ; or, lastly, is erected into a separate Commonwealth, and assumes the same rights, with the state it descended from." And, King TuUius, as quoted by the same learned author, from Grotius, says, " we look upon it to be neither truth nor justice, that mother cities, ought, of necessity, and by the law of nature, to rule over the colonies." Your Excellency has misinterpreted what we have said, " that no country, by the common law, was subject to the laws or the Parlia- ment, but the realm of England ;" and, are pleased to tell us, " that we have expressed ourselves incautiously." We beg leave to re- cite the words of the Judges of England, in the before mentioned case, to our purpose. " If a King go out of England with a com- pany of his servants, allegiance remaineth among his subjects and servants, although he be out of his realm, whereto his laws are con- fined." We did not mean to say, as your Excellency would sup- pose, that " the common law prescribes limits to the extent of the Legislative power," though, we shall always affirm it to be true, of the law of reason and natural equity. Your Excellency thinks, you have made it appear, that the " colony of Massachusetts Bay is hold- en as feudatory of the imperial Crown of England ;" and, therefore, you say, " to use the words of a very great authority in a case, in 38S MASSACHUSETTS STATE PAPERS. some respects analogous to it," being feudatory, it necessarily fol- lows, that " it is under the government of the King's laws." Your Excellency has not named this authority ; but, we conceive his meaning must be, that being feudatory, it is under the government of the King's laws absolutely ; for, as we have before said, the feu- dal system admits of no idea of the authority of Parliament ; and this would have been the case of the colony, but for the compact with the King in the charter. Your Excellency says, that " persons thus holding under the Crown of England, remain, or become subjects of England," by which, we suppose your Excellency to mean, subject to the supreme authority of Parliament, " to all intents and purposes, as fully, as if any of the royal manors, &c. within the realm, had been granted to them upon the like tenure." We apprehend, with submission, your Excellency is mistaken in supposing that our allegiance is due to the Crown of England. Every man swears allegiance for him- self, to his own King, in his natural person. " Every subject is presumed by law to be sworn to the King, which is to his natural person," says Lord Coke. Rep. on Calvin's case. " The allegi- ance is due to his natural body ;" and, he says, "in the reign of Edward II. the Spencers, the father and the son, to cover the trea- son hatched in their hearts, invented this damnable and damned, opinion, that homage and oath of allegiance was more by reason of the King's Crown, that is, of his politic capacity, than by reason of the person of the King ; upon which opinion, they inferred execra- ble and detestable consequents." The Judges of England, all but one, in the case of the union between Scotland and England, de- clared, that " allegiance followeth the natural person, not the poli- tic ;" and, " to prove the allegiance to be tied to the body natural of the King, and not to the body politic, the Lord Coke cited the phrases of divers statutes, mentioning our natural liege Sovereign." If. then, the homage and allegiance is not to the body politic of the King, then it is not to him as the head, or any part of that Legisla- tive authority, which your Excellency says, " is equally extensive with the authority of the Crown throughout every part of the do- minion ;" and your Excellency's observations thereupon, must fail. The same Judges mention the allegiance of a subject to the Kings of England, who is out of the reach and extent of the laws of Eng- land, which is perfectly reconcileable with the principles of our an- cestors, quoted before from your Excellency's history, but, upon your Excellency's principles, appears to us to be an absurdity. The Judges, speaking of a subject, say, " although his birth was out of the bounds of the kingdom of England, and out of the reach and extent of the laws of England, yet, if it were within the allegiance of the King of England, &c. Normandy, Aquitain, Gascoign, and other places, within the limits of France, and, consequently, out of the realm or bounds of the kingdom of England, were in subjection MASSACHUSETTS STATE PAPERS. 389 to the Kings of England." And the Judges say, '■'Rex et Regnum^ be not so relatives, as a King can be King but of one kingdom, which clearly holdeth not, but that his kingly power extending to divers nations and kingdoms, all owe him equal subjection, and are equally born to the benefit of his protection ; and, although he is to govern them by their distinct laws, yet any one of the people com- ing into the other, is to have the benefit of the laws, wheresoever he Cometh." So they are not to be deemed aliens, as your Excel- lency in your speech supposes, in any of the dominions, all which accords with the principles our ancestors held. " And he is to bear the burden of taxes of the place where he cometh, but living in one, or for his livelihood in one, he is not be taxed in the other, because laws ordain taxes, impositions, and charges, as a discipline of sub- jection, particularized to every particular nation." Nothing, we think, can be more clear to our purpose than this decision of Judges, perhaps as learned, as ever adorned the English nation, or in favor of Americv^, in her present controversy with the mother state. Your Excellency says, that, by " our not distinguishing between the Crown of England, and the Kings and Queens of England, in their personal or natural capacities, we have been led into a funda- mental error." Upon this very distinction we have availed our- selves. We have said, that our ancestors considered the land, which they took possession of in America, as out of the bounds of the kingdom of England, and out of the reach and extent of the laws of England ; and, that the King also, even in the act of granting the charter, considered the territory as not within the realm ; that the King had an absolute right in himself to dispose of the lands, and that this was not disputed by the nation ; nor could the lands, on any solid grounds, be claimed by the nation ; and, therefore, our ancestors received the lands, by grant, from the King ; and, at the same time, compacted with him, and promised him homage and al- legiance, not in his public or politic, but natural capacity only. If it be difficult for us to show how the King acquired a title to this country in his natural capacity, or separate from his relation to his subjects, which we confess, yet we conceive, it will be equally difficult for your Excellency to show how the body politic and nation of England acquired it. Our ancestors supposed it was acquired by neither ; and, therefore, they declared, as we have before quoted from your history, that saving their actual purchase from the natives, of the soil, the dominion, the lordship, and sovereignty, they had in the sight of God and man, no right and title to what they possessed. How much clearer then, in natural reason and equity, must our title be, who hold estates dearly purchased at the expense of our own, as well as our ancestors labor, and defended by them with treasure and blood. Your Excellency has been pleased to confirm, rather than deny or confute, a piece of history, which, you say, we took from an ano- 390 MASSACHUSETTS STATE PAPERS. nymous pamphlet, and by which you " fear we have been too easily misled." It may be gathered from your own declaration, and other authorities, besides the anonymous pamphlet, that the House of Commons took exception, not at the King's having made an abso- lute grant of the territory, but at the claim of an exclusive right to the fishery on the banks and sea coast, by virtue of the patent. At this you say, " the House of Commons was alarmed, and a bill was brought in for allowing a free fishery." And, upon this occa- Jiion, your Excellency allows, that " one of the Secretaries of State declared, that the plantations were not annexed to the Crown, and so were not within the jurisdiction of Parliament." If we should concede to what your Excellency supposes might possibly, or, " per- haps," be the case, that the Secretary made this declaration, " as his own opinion," the event showed that it was the opinion of the King too ; for it is not to be accounted for upon any other princi- ple, that he would have denied his royal assent to a bill, formed for no other purpose, but to grant his subjects in England, the privilege of fishing on the sea coasts in America. The account published by Sir Ferdinando Gorges himself, of the proceedings of Parliament on this occasion, your Excellency thinks, will remove all doubt, of the sense of the nation, and of the patentees of this patent or charter, in 1620. " This narrative," you say, " has all the appearance of truth and sincerity," which we do not deny ; and, to us, it carries this conviction with it, that " what was objected" in Parliament, was the exclusive claim of fishing only. His imagining that he had satisfied the House, after divers attendances, that the planting a col- ony was of much more consequence than a simple disorderly course of fishing, is sufficient for our conviction. We know that the na- tion was at that time alarmed with apprehensions of monopolies ; and, if the patent of New England was presented by the two Houses as a grievance, it did not show, as your Excellency supposes, " the sense they then had of their authority over this new acquired terri- tory," but only their sense of the grievance of a monopoly of the sea. We are happy to hear your Excellency say, that " our remarks upon, and construction of the words, not repugnant to the laws of England, are much the same with those of the Council." It serves to confirm us in our opinion, in what we take to be the most im- portant matter of difference between your Excellency and the two Houses. After saying, that the statute of 7th and 8th of William and Mary favors the construction of the words, as intending such laws of England as are made more immediately to respect us, you tell us, that " the province Agent, Mr. Dummer, in his much ap- plauded defence, says, that, then a law of the plantations may be said to be repugnant to a law made in Great Britain, when it flatly contradicts it, so far as the law made there, mentions and relates to the plantations." This is plain and obvious to common sense, and, MASSACHUSETTS STATE PAPERS. 391 therefore, cannot be denied. But, if your Excellency would read a page or two further in that excellent defence, you will see that he mentions this as the sense of the phrase, as taken from an act of Parliament, rather than as the sense he would choose himself to put upon it ; and, he expressly designs to show, in vindication of the charter, that, in that sense of the words, there never was a law mad^ in the plantations repugnant to the laws of Great Britain. He gives another construction, much more likely to be the true intent of the words, namely, " that the patentees shall not presume, under color of their particular charters, to make any laws inconsistent with the great charter, and other laws of England, by which the lives, liberties, and properties of Englishmen are secured." This is the sense in which our ancestors understood the words ; and, therefore, they are unwilling to conform to the acts of trade, and disregarded them till they made provision to give them force in the colony, by a law of their own ; saying, that " the laws of England did not reach America ; and those acts were an invasion of their rights, liberties, and properties," because they were not " repre- sented in Parliament." The right of being governed by laws, which were made by persons, in whose election they had a voice, they looked upon as the foundation of English liberties. By the compact with the King, in the charter, they were to be as free in America, as they would have been if they had remained within the realm ; and, therefore, they freely asserted, that they " were to be governed by laws made by themselves, and by officers chosen by themselves." Mr. Dummer says, " it seems reasonable enough to think that the Crown," and, he might have added, our ancestors, " intended by this injunction to provide for all its subjects, that they might not be oppressed by arbitrary power ; but being still subjects, they should be protected by the same mild laws, and en- joy the same happy government, as if they continued within the realm." And, considering the words of the charter in this light, he looks upon them as designed to be a fence against oppression and despotic power. But the construction which your Excellency puts upon the words, reduces us to a state of vassalage, and exposes us to oppression and despotic power, whenever a Parliament shall see fit to make laws for that purpose, and put them in execution. We flatter ourselves, that, from the large extracts we have made from your Excellency's history of the colony, it appears evidently, that under both charters, it hath been the sense of the people and of the government, that they were not under the jurisdiction of Parliament. We pray you again to turn to those quotations, and our observations upon them ; and we wish to have your Excellen- cy's judicious remarks. When we adduced that history, to prove that the sentiments of private persons of influence, four or five years after the restoration, were very diflierent from what your Ex- cellency apprehended them to be, when you delivered your speech; 392 MASSACHUSETTS STATE PAPERS. you seem to concede to it, by telling us, " it was, as you take it, from the principles imbibed in those times of anarchy, (preceding the restoration,) that they disputed the authority of Parliament ;" but, you add, " the government would not venture to dispute it." We find in the same history, a quotation from a letter of Mr. Stoughton, dated seventeen years after the restoration, mentioning '•' the country's not taking notice of the acts of navigation, to observe them." And it was, as we take it, after that time, that the govern- ment declared, in a letter to their Agents, that they had not sub- mitted to them ; and they ventured to " dispute" the jurisdiction, asserting, that they apprehended the acts to be an invasion of the rights, liberties, and properties of the subjects of his Majesty in the Colony, they not being represented in Parliament, and that " the laws of England did not reach Ameiica." It very little avails in proof, that they conceded to the supreme authority of Parliament, their telling the Commissioners, " that the act of navigation had for some years before, been observed here ; that they knew not of its being greatly violated ; and that, such laws as appeared to be against it, were repealed." It may as truly be said now, that the revenue acts are observed by some of the people of this province ; but it cannot be said that the government and people of this province have conceded, that the Parliament had authority to make such acts to be observed here. Neither does their declaration to the Commis- sioners, that such laws as appeared to be against the act of naviga- tion, were repealed, prove their concession of the authority of Par- liament, by any means, so much as their making provision for giving force to an act of Parliament within this province, by a deliberate and solemn act or law of their own, proves the contrary. You tell us, that " the government, four or five years before the charter was vacated, more explicitly," that is, than by a conversation with the Commissioners, " acknowledged the authority of Parlia- ment, and voted, that their Governor should take the oath required of him, faithfully to do and perform all matters and things enjoined him by the acts of trade." But does this, may it please your Ex- cellency, show their explicit acknowledgment of the authority of Parliament ? Does it not rather show directly the contrary ? For, what could there be for their vote, or authority, to require him to take the oath already required of him, by the act of Parliament, un- less both he, and they, judged that an act of Parliament was not of force sufficient to bind him to take such oath ? We do not deny, but, on the contrary, are fully persuaded, that your Excellency's principles in governments are still of the same with what they ap- pear to be in the history ; for, you there say, that " the passing this law, plainly shows the wrong sense they had of the relation they stood in to England." But we are from hence convinced, that your Excellency, when you wrote the history, was of our mind in this respect, that our ancestors, in passing the law^ discovered their opin- MASSACHUSETTS STATE PAPEllS. 393 ion, that they were without the jurisdiction of Parliament ; for it was upon this principle alone, they shewed the wrong sense they had in your Excellency's opinion, of the relation they stood in to England. Your Excellency, in your second speech, condescends to point out to us the acts and doings of the General Assembly, which re- lates to acts of Parliament, which, you think, " demonstrates that they have been acknowledged by the Assembly, or submitted to by the people ;" neither of which, in our opinion, shows that it was the sense of the nation, and our predecessors, when they first took possession of this plantation, or colony, by a grant and charter from the Crown, that they were to remain subject to the supreme au- thority of the English Parliament. Your Excellency seems chiefly to rely upon our ancestors, after the revolution, "■proclaiming King William and Queen Mary, in the room of King James," and taking the oaths to them, " the altera- tion of the form of oaths, from time to time," and finally, " the establishment of the form, which every one of us has complied with, as the charter, in express terms requires, and makes our du- ty." We do not know that it has ever been a point in dispute, whether the Kings of England were ipso facto Kings in, and over, this colony, or province. The compact was made between King Charles the I. his heirs and successors, and the Governor and com- pany, their heirs and successors. It is easy, upon this principle, to account for the acknowledgment of, and submission to King William and Queen Mary, as successors of Charles the I. in the room of King James ; besides, it is to be considered, that the peo- ple in the colony, as well as in England, had suffered under the tyrant James, by which, he had alike forfeited his right to reign over both. There had been a revolution here, as well as in Eng- land. The eyes of the people here, were upon William and Mary; and the news of their being proclaimed in England, was, as your Excellency's history tells us, " the most joyful news ever received in New England." And, if they were not proclaimed here, " by virtue of an act of the colony," it was, as we think may be con- cluded from the tenor of your history, with the general or univer- sal consent of the people, as apparently, as if" such act had pass- ed." It is consent alone, that makes any human laws binding; and as a learned author observes, a purely voluntary submission to an act, because it is highly in our favor and for our benefit, is in all equity and justice, to be deemed as not at all proceeding froni the right we include in the Legislators, that they, thereby ob- tain an authority over us, and that ever hereafter, we must obey them of duty. We would observe, that one of the first acts of the General Assembly of this province, since the present charter, was an act, requiring the taking the oaths mentioned in an act of Par- liament, to which you refer us.- For what purpose was this act of the Assembly passed, if it was tiie sense of the Legislators that 50 394l MASSACHUSETTS STATE PAPERS'. the act of Parliament was in force in the province ? And, at the same time, another act was made for the establishment of other oaths necessary to be taken ; both which acts have the royal sanc- tion, and are now in force. Your Excellency says, that when the colony applied to King William for a second charter, they knew the oath the King had taken, which was to govern them according to the statutes in Parliament, and (which your Excellency here omits,) the laws and customs of the same. By the laws and cus- toms of Parliament, the people of England freely debate and con- sent to such statutes as are made by themselves, or their chosen Representatives. This is a law, or custom, which all mankind may justly challenge as their inherent right. According to this law, the King has an undoubted right to govern us. Your Excellency, upon recollection, surely will not infer from hence, that it was the sense of our predecessors that there was to remain a supremacy in the English Parliament, or a full power and authority to make laws binding upon us, in all cases whatever, in that Parliament where we cannot debate and deliberate upon the necessity or ex- pediency of any law, and, consequently, without our consent ; and, as it may probably happen, destructive of the first law of society, the good of the whole. You tell us, that " after the assumption of all the powers of government, by virtue of the new charter, an act passed for the reviving, for a limited time, all the local laws of the Massachusetts Bay and New Plymouth respectively, not repugnant to the laws of England. And, at the same session, an act passed establishing naval officers, that all undue trading, con- trary to an act of Parliament, may be prevented." Among the acts that were then revived, we may reasonably suppose, was that, whereby provision was made to give force to this act of Parliament, in the province. The establishment, therefore, of the naval officers, was to aid the execution of an act of Parliament, for the observ- ance of which, within the colony, the Assembly had before made provision, after free debates, with their own consent, and by their own act. The act of Parliament, passed in 1741, for putting an end to several unwarrantable schemes, mentioned by your Excellency, was designed for the general good ; and, if the validity of it was not disputed, it cannot be urged as a concession of the supreme authority, to make laws binding on us in all cases whatever. But, if the design of it was for the general benefit of the province, it was, in one respect, at least greatly complained of, by the persons more immediately aftected by it ; and to remedy the inconvenience, the Legislative of this province, passed an act, directly militating with it ; which is the strongest evidence, that although they may have submitted, sub silentio, to some acts of Parliament, that they conceived might operate for their benefit, they did not conceive themselves bound by any of its acts, which, they judged, would operate to the injury even of individuals. MASSACHUSETTS STATE PAPERS. 395 Your Excellency has not thougUt proper, to attempt to confute the reasoning of a learned writer on the laws of nature and na- tions, quoted by us, on this occasion, to sliew that the authority of the Legislature does not extend so far as the fundamentals of the constitution. We are unhappy in not having your remarks upon the reasoning of that great man : and, until it is confuted, we shall remain of the opinion, that the fundamentals of the constitution being excepted from the commission of the Legislators, none ot the acts or doings of the General Assembly, however deliberate &nd solemn, could avail to change tliem, if the people have not, in very express terms, given them the power to do it ; and, that much less ouglit their acts and doings, however numerous, which barely refer to acts of Parliament made expressly to relate to us, to be taken as an acknowledgment, that we are subject to the supreme authority of Parliament. We shall sum up our ovvn sentiments in the words of that learn- ed writer, Mr. Hooker, in his Ecclesiastical Policy, as quoted by Mr. Locke. " The lawful power of making laws to command whole political societies of men, belonging so properly to the same en- tire societies, that for any prince or potentate of what kind soever, to exercise the same of himself, and not from express commission, immediately and personally received from God, is no better than mere tyranny. Laws, therefore, they are not, which public ap- probation hath not made so ; for laws human, of what kind soever, are available by consent." " Since men, naturall3% have no full and perfect power to command whole politic multitudes of men, therefore, utterly without our consent, we could in such sort, be at no man's commandment living. And to be commanded, we do not consent, when that society, whereof we be a party, hath at any time before consented." We think your Excellency has not prov- ed, either that the colony is a part of the politic society of Eng- land, or that it has ever consented tliat the Parliament of f^ngland or Great Britain, should make laws binding upon us, in all cases, whether made expressly to refer to us or not. We cannot help, before we conclude, expressing our gi'eat concern, that your Excellency has thus repeatedly, in a man- ner, insisted upon our free sentiments on matters of so deli- cate a nature and weighty importance. The question appears to us, to be no other, than, whether we are the subjects of absolute un- limited power, or of a free government, formed on the principles of the English constitution. If your Excellency's doctrine be true, the people of this province hold their lands of the Crown and peo- ple of England ; and their lives, liberties, and properties, are at their disposal, and that, even by compact and their own consent. They were subject to the King as the head alterius jJopuli of ano- ther people, in whose Legislative they have no voice or interest. They are, indeed, said to have a constitution and a Legislative ol their own 5 but your Excellency has explained it into a mere phan 396 MASSACHUSETTS STATE PAPERS. torn ; limited, controled, superseded, and nullified, at the will of ajiother. Is this the constitution wliich so charmed our ancestors, that, as your Excellency has informed us, they kept a day of so- lemn thanksgivinis; to Almighty God when tliey received it? And were they men of so little discernment, such children in under- standing, as to please themselves with the imagination, that they were blessed with the same rights and liberties which natural born subjects in England enjoyed, when, at the same time, they had fully consented to be ruled and ordered by a Legislative, a thou- sand leagues distant frotn them, which cannot be supposed to be sufficiently acquainted with their circumstances, if concerned for their interest, and in which, they cannot be in any sense repre- sented ? [The committee who reported the above, were, Mr. Gushing, (the Speaker,) Mr. S. Adams, Mr. Hancock, Mr. Phillips, Maj. Foster, Col. ISowers, Mr. Hobson, Col. Thayer, and Mr. Denny.] RESOLUTIONS OF THE HOUSE OF REPRESENTATIVES, RESPECTING THE SALARIES OF THE JUSTICES OF THE SUPERIOR COURT, MARCH 3, 1773. Whereas, by an act of the British Parliament, made and passed in the sixth year of his present Majesty's reign, it is de- clared, that the King, Lords, and Commons, in Parliament assem- bled, have ever had, and of right ought to have, full power and authority to make laws and statutes, of sufficient force and valid- ity, to bind the colonies and people of America, subjects of the CVown of Great Britain, in all cases whatever; and, afterwards, the same Parliament made and passed an act for levying duties in America, with the express purpose of raising a revenue, and to en- able his Majesty to appropriate the same for the necessary charges of the administration of justice, and the support of civil government in such colonies, where it shall be judged necessary, and towards further defraying the expenses of defending, protecting, and secur- ing said dominions : And, his Majesty has been pleased, by virtue of the last mentioned act, to appropriate a part of the revenue, thus raised, against the consent of the people, in providing for the support of the Governor of the province ; and from his Excellen- cy's message, of the 4th of February, we cannot but conclude, that provision is made also for the support of the Judges of the Superior Court of Judicature, independent of the grants and acts of the General Assembly, contrary to invai-iable usage of this province ; therefore, MASSACHUSETTS STATE PAPERS. 397 Resolved, That the admitting of any authority to make laws, binding on the people of this province, in all cases whatever, sav- ing the General Court or Assembly, is inconsistent with the spirit of our free constitution, and is repugnant to one of the most essen- tial clauses in our charter, whereby the inhabitants are entitled to all the liberties of free and natural born subjects, to all intents, constructions, and purposes whatever, as if they had been born within the realm of England. It reduces the people to the abso- lute will and disposal of a Legislature, in which they can have no voice, and who may make it their interest to oppress and enslave them. Resolved, That by the royal charter aforesaid, "the General Court or Assembly, hath full power and authority to impose and levy proportionable and reasonable assessments, rates and taxes, upon the estates and persons, of all and every the proprietors and inhabitants of the province, to be issued and disposed of, by war- rant, under the hand of the Governor, with the advice and consent of the Council, for his Majesty's service, in the necessary defence aiid support of the government of the province, and the protection and preservation of" the inhabitants there, according to such acts as are, or shall be, in force, within the province." And the mak- ing provision for the support of the Governor and Judges, other- Avise than by the grants and acts of the General Court, or Assem- bly, is a violent breach of the most important clause in the charter : the support of government, in which their support is included, be- ing one of the principal purposes, for which the clause was in- serted. And, whereas, the independence, as well as the uprightness of the Judges of the land, is essential to the impartial administration of justice, and one of the best securities of the rights, liberty, and property of the people ; therefore. Resolved, That the making the Judges of the land independent of the grants of the people, and altogether dependent on the Crown, as they will be, if, while they thus hold their commissions during pleasure, they accept of salaries from the Crown, is un- constitutional, and destructive of that security, which every good member of civil society, has a just right to be assured of, under the due execution of the laws ; and is directly the reverse of the con- stitution, and appointment of the Judges in Great Britain. Resolved, That the dependence of the Judges of the land on the Crown, for their support, tends, at all times, especially, while they hold their commissions during pleasure, to the subversion of jus- tice and equity, and to introduce oppression and despotic power. Resolved, As the opinion of this House, that while the Justices of the Superior Court hold their commissions during pleasure, anj"" one of them who shall accept of, and depend upon the pleasure of the Crown for his support, independent of the grants and acts of the General Assembly, will discover to the world, that he has not 398 MASSACHUSETTS STATE PAPERS. a due sense of the importance of an impartial administration ot justice, that he is an enemy to the constitution, and has it in his heart to nromote the establishment of an arbitrary government in the province. LETTER FROM THE TVTO HOUSES TO LORD DARTMOUTH, JUNE 29, 17Z3. Province of Massachusetts Bay, June 29, IZrs. MY LORD, The veestablishment of the union and harmony, which ^for- merly subsisted between Great Britain and her colonies, is earn- estly to be wished by the friends of both. As your Lordship is one of them, the two Houses of the Assembly of this province, beg leave to address you. The original causes of the interruption of that union and harmony, may probably be found in the letters sent from hence to administration, and to other gentlemen of influence in Parliament, since the appointment of Sir Francis Bernard to the government of this province. And there is great reason to ap- prehend, that he and his coadjutors, originally recommended and laid the plans for establishing the American revenue, out of which, they expected large stipends and appointments for themselves, and which, through their instrumentality, has been the occasion of all the evils which have since taken place. When we had hum- bly addressed his Majesty, and petitioned both Houses of Parlia- ment, representing our grievance, and praying for the repeal of the revenue acts, the like instruments, and probably the same, ex- erted themselves to prevent those petitions being laid before his Majesty and the Parliament, or to frustrate the prayer of them. Of this, we have just had some new and unexpected evidence, from original letters of Governor Hutchinson and Lieutenant Gov- ernor Oliver ; in which the former, particularly and expressly, by his letter of the 10th of December, 1768, endeavored, in coopera- tion with Governor Bernard, to frustrate a petition of a number of the Council, for a repealing of those acts, and to procure his Ma- jesty's censure on the petitions : and the letters of the latter, by the disadvantageous idea conveyed by them, ot the two Houses of Assembly, manifestly tended to create a prejudice against any pe- titions coming from a body of such a character. And his letter of the llth of May, 1768, in particular, mentions the petitions of the House of Representatives to his Majesty, and their letters to di- vers noble Lords, with such circumstances as had a tendency to defeat the petition and render the letters of no effect. MASSACHUSETTS STATE PAPERS. 399 It is now manifest, my Lord, what practices and arts have been used, to mislead administration, both in the first proposal of Amer- ican revenue acts, and in the continuance of them. But when they had lost their force, and there appeared, under the influence of your Lordship, a disposition in Parliament to repeal these acts, his Excellency Governor Hutchinson, in his speech, at the opening of the last session of the General Court, was pleased to throw out new matter for contention and debate ; and to call on the two Houses, in such a manner, as amounted to little short of a challenge to answer him. Into such a dilemma were they brought by the speech, that they were under a necessity of giving such answers to it as they did, or of having their conduct construed into an acqui- escence with the doctrines contained in it, which would have been an implicit acknowledgment, that the province was in a state of subjection, differing very little from slavery. The answers were the effect of necessity ; and this necessity occasioned great grief to the two Houses. The people of this province, my Lord, are true and faithful sub- jects of his Majesty, and think themselves happy in their connex- ion with Great Britain. They would rejoice at the restoration of the harmony and good will that once subsisted between the parent state and them. But it is in vain to expect this happiness, during the continuance of their grievances, and while their charter rights, one after another, are wrested from them. Among these rights, is the supporting of the officers of the Crown, by grants from the Assembly ; and in an especial manner, the supporting of the Judges in the same way, on whose judgment the province is de- pendent, in the most important cases of life, liberty and property. If warrants have not yet been, or if they already have been issued, we earnestly beg the favor of your Lordship's interposition to sup- press, or recal them. If your Lordship should condescend to ask, what are the mea- sures of restoring the harmony so much desired, we should an- swer, in a word, that we are humbly of opinion, if things were brought to the general state, in which they stood at the conclusion of the late war, it vvould restore the happy harmony, which, at that time subsisted. Your Lordship's appointment to be principal Secretary of State, for the American department, has given the colonies the highest satisfaction. They think it a happy omen ; and that it will be productive of American tranquillity, consistent with their rights, as British subjects. The two Houses humbly hope for your Lordship's influence to bring about such a happy event ; and, in the mean time, they can, with full confidence, rely on your Lordship, that the machinations of Sir Francis Bernard, and other known enemies of the peace of Great Britain and iier colonies, will not be sufl^ered to prevent or delay it. This letter, which has been agreed upon by both Houses, is, in their name, and by their order, signed and transmitted to your 400 MASSACHUSETTS STATE PAPERS. Lordship, by, my Lord, your Lordship's most obedient and very humble servant, THOMAS FLUCKER, {secretary. [The Governor's speech, at the opening of the session, on the last Wednesday of May, 1773, i-elated entirely to the settling of the boundary line, between Massachusetts and New York. The Counsellors chosen, were all approved, except Jerathmeel Bowers, William Phillips, and John Adams.] RESOLUTIONS. On motion of Mr. S. Adams, the following Resolutions were adopted, llO to 4, May 28, 1773. Whereas the Speaker hath communicated to this House, a letter from the truly respectable House of Burgesses, in his Majes- ty's ancient colony of Virginia, enclosing a copy of the resolves entered into by them, on the 12th of March last, and requesting that a committee of this House may be appointed, to communi- cate, from time to time, with a corresponding committee, then ap- pointed by the said House of Burgesses, in Virginia: And, whereas this House is fully sensible of the necessity and importance of -a union of the several colonies in America, at a time when it clearly appears, that the rights and liberties of all are sys- tematically invaded ; in order that the joint wisdom of the whole, may be employed in consulting their common safety : Resolved, That this House have a very grateful sense of the ob- ligations they are under to the House of Burgesses, in Virginia, for the vigilance, firmness and wisdom, which they have discovered, at all times, in support of the rights and liberties ot the American colonies ; and do heartily concur with them in their said judicious and spirited resolves. Resolved, That a standing committee of correspondence and inquiry, be appointed, to consist of fifteen Members, any eight of whom, to be a quorum; whose business it shall be, to obtain the most early and authentic intelligence, of all such acts and resolu- ti . . - 342 Reply of the House of Representatives to the Governor, on the same subject, . 351 Message to the Governor, as to salary of Judges, ..... -365 Answer of the Governor, to the above, .-...-. 355 Message of House of Representatives to the Governor, as to Judges salaries, . 366 Speech of the Governor to the two Houses, on the Power of Parliament, &c. - 368 Answerof the Council, to the foregoing, ....._ sgj Answer of the House of Kepresentatives, on the same subject, .... 334 Resolves of House of Representatives, as to Judges receiving salaries from theCrown, 396 Letter of the two Houses to Lord Dartmouth, respecting dispute with the Governor, 398 Counsellors rejected by the Governor, ...... 400 Resolves of House of Representatives on a letter from Virginia, for Committees of Correspondence, ....-...- 400 Letter of House of Representatives to other Colonies, - ",•..:. " " '^"^ Proceedings respecting Governor and Lieutenant Governor's letters]; injurious to the Province, - - - - - - -- - - 402 Resolves of House of Representatives respecting said letters, - ~ - - - 404 Message from the Governor, on same subject, -----. 409 Reply of House of Representatives to the foregoing, - - - - - 409 Governor's Message, respecting power of Council in divorces, . - - 410. Answer of the House of Representatives, to the above, ----- 411 Governor's Message on his going to England, ----- 413 Speech of Governor Gage to both Houses, May, 1774, - - . - . 413 Answer of Council to the above, _..---_ 414 Message of Governor Gage to the Council, --_.-- 415 General Court dissolved, June 17, 1774, ._.--- 416 Delegates chosen to a Continental Congress, and Provincial Congress proposed, - 416 Message from Provincial Congress, October, 1774, to Governor Gage, - - 417 Address of Provincial Congress to the people, -..-._ 419 Concluding paragraph, -.--,-- 421 °011 711 7856 pi 111 liilili :}'::l' ■V:ii^y mm