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Full text of "History of Massachusetts, for two hundred years: from the year 1620 to 1820"

Gc M. L, 

974 4 

B7i9 h GENEALOGY COL-LECTION 

1151734 



ALLEN COUNTY PUBLIC LIBRARY 



3 1833 01100 6472 



*. 




HISTORY 



MASSACHUSETTS, 



FOR TWO HUNDRED YEARS : 



FROM THE YEAR 1620 TO 1820. 



BY ALDEN BRADFORD, 

An Original Member of the Massachusetts Historical Society, and 
Honorary Member of the Historical Society of New York. 



BOSTON. 
HILLIARD, GRAY, AND CO. 

1835. 



Entered according to act of Congress, in the year 1835, 

By Alden Bradford, 

in the Clerk's Office of the District Court of the District of Massachusetts. 



J. D. FREEMAN, PRINTER. 



ADVERTISEMENT. 

1151734 



There are now extant several volumes of the History of Mas- 
sachusetts, embracing different periods, and making, indeed, a 
connected series of events, from the first settlement to the 
beginning of the present century. But, in the form in which 
they were published, they are too expensive for general circu- 
X) lation: and yet it may be assumed, that the people, generally, 
* are desirous of being well acquainted with the history of their 
^ own state. The volumes, now before the public, contain 
-\ many state papers, which, though useful to the legislator and 
j the antiquarian, are not necessary, in extenso, for the common 
reader. A much more concise statement will give all which 
is important; and thus save many pages, and the history still 
be complete. It has not been the object of the writer of this 
volume, however, to present a mere chronological statement of 
facts and events. Such remarks have been made as were 
â– . \ believed proper to explain important transactions, and to illus- 
v v"" trate, as well individual characters, as the condition and opinions 
of the age. How far he has succeeded in this design, the pub- 
lic must decide. The work, on this plan, was suggested by a 
literary and intelligent friend; in the belief, that a full but con- 
densed narrative was wanted to meet the wishes of the great 
body of the people. 

The writer proposes, if the present volume should be ac- 
ceptable, to prepare an abridgment of it, for the use of acade- 
mies and schools in the commonwealth. 



FROM THE SALEM GAZETTE. 

Among the many books which have issued from the press the past year, 
and have received their regular puffs in the periodicals, I have been sur- 
prised, that a valuable History of Massachusetts from 1620 to 1820, by 
Alden Bradford, Esq. late Secretary of the Commonwealth, has not been 
more generally noticed, and recommended to all, who wish to find within 
a reasonable compass, a connected narrative of the leading facts and 
events, and an impartial delineation of the characters who have found a 
place in the recorded annals of the State, in its eventful progress of two 
centuries. It is written in a clear, compact and unambitious style, as 
history should be written. Its diction is uniformly drawn from the wells 
of pare English, undefiled'by the use of foreign idioms. The reflections 
on events or agents, and their actions, and the remarks, explanatory and 
illustrative of individual character, of important transactions, and of the 
condition and opinions of successive epochs, conceived and expressed in a 
liberal spirit, dispensing approbation and cetisure with a just discrimina- 
tion, and an enlightened judgment. Here may be found in a single vol- 
ume what the reader has heretofore had to search for in many volumes, 
or various unconnected tracts and scattered documents. I am persuaded, 
that when its merits are known, it will be in general request, as it ought, 
with readers of mature years, as well as with our young men and women, 
whose interest in the history of their native State ought to make their 
acquaintance with the contents of this volume more familiar and thorough 
than with the history of any other Society, ancient or modern. It would 
be a valuable accession to our School-books, if as the author proposes, and 
the demand for the present volume warrant it, he should prepare an 
abridgement for the use of Academies and schools in the Commonwealth. 

FROM THE CHRISTIAN REGISTER OF AUGUST LAST. 

" On the first appearance of Bradford's History of Massachusetts, (a few 
months ago) we expressed a favorable opinion of it, after such examination 
as we were able to give it: we are now happy to add the following testimo- 
ny of a correspondent, whom we know not only to be competent to estimate 
its merits, but whose opinion is entitled to high respect. — A work with the 
above title (Bradford's History of Massachusetts from 1620 to 1820) has re- 
cently been published in a Volume of 480 paces. The most interesting 
events during this period of our history are delineated with conciseness and 
perspicuity. It is evidently a work which would be a very valuable addition 
to the library of any private gentleman, or any public institution. The re- 
marks and reflections of the author, on the various occurrences he relates, 
are highly worthy of the attention of all persons who feel an interest in the 
welfare and prosperity of our country. We think no one can peruse them 
without pleasure and satisfaction. "Mr. B. was early a member of the 
Historical Society of Massachusetts, and for several years was Secretary 
of the State, and "has had peculiar advantages for preparing his History, 
and he has executed it in a successful manner." 

FROM THE BOSTON COMMERCIAL GAZETTE. 

" It is singular, that up to the present time, the public has not been in 
possession of a History of Massachusetts, except in a form so voluminous 
as to be forbidding to all persons but professed antiquarians, and to many, 
therefore, as a sealed book. Extending through five or six volumes, it 
was disproportionate to the subject, and too massy for a private library, 
and the general reader : and yet, it is a history which all persons ought to 
know, and most must desire to read. Tn itself of no small importance as a 
state, and a conspicuous member of a great nation, Massachusetts is en- 
titled to have its history known to the citizens through the Union, and to 



the reading world in general. But whatever consequence may belong to 
its history from these considerations, it falls far short of that which it pos- 
sesses as a delineation of the progress and practical developement of the 
principles of civil liberty, in the most remarkable manner, hitherto known 
to the world. It is the history of an institution of government on the 
principles of civil liberty, originally rising on a voluntary association and 
compact of a few men, claiming, and reciprocally acknowledging equal 
rights; and, by individual consent, expressed by hand and seal, establish- 
ing a Republic, which, in connection with other like communities, has 
risen upon those principles, ripening and strengthening with time, to be a 
nation of the first rank, for resources and power, and a beautiful specimen 
of a republican government. The present work, in one volume, covers the 
whole time to 1820; is written with fidelity and accuracy, and will form 
an important acquisition to all other books relating to America, and to 
readers of every age." 

FROM THE REGISTER AND OBSERVER. 

Mr. Editor, — I have lately perused with much interest the ' History of 
Massachusetts, for two hundred years, from 1620 to 1820,' in 480 pages, 
8vo. by Alclen Bradford, Esq. 

Mr. Bradford has enjoyed singular advantages, of which he has faithfully 
availed himself, in preparing this work. 

He published a History of Massachusetts from 1764 to 1820, in three 
volumes; the first volume, in 1822; the second, in 1825; the third, in 
1829, containing in the whole 11J7 pages. 

The past Histories of this State are either so small as to be very de- 
fective, or so large, as to be voluminous and expensive for common use. 

He has taken notice of all the leading events, which transpired in the 
Commonwealth, within the period described. No portion important to be 
known is omitted, none disproportionately magnified ; none unreasonably 
nealected. 

The author appears to have availed himself of standard authorities, 
though they are not enumerated with a tedious minuteness. 

Indeed it may be safely asserted, that no work extant gives a history of 
the Commonwealth so well adapted to its professed objects. 

It is confidently believed, that it would form an excellent manual for 
academies ; and that the abridgement, which the author proposes, might 
be very useful for our common schools. 

It is therefore earnestly hoped, that all, who feel an interest in such a 
work, and a desire that the inhabitants of this Commonwealth should be- 
come familiar with its general history, would examine it for themselves. 



CONTENTS. 



CHAPTER I. 



Discovery of North America — Causes of Emigrating to America — 
Character and Adventures of the Plymouth Pilgrims — Claim to 
America by Kings of England — Patents and Grants — The Native 
Indians — Civil Compact at Cape Cod — Settlement of Wessaguscus 
and Mount Wollaston — Morton, Lyford, Oldham, Conant, Blaxton, 
Cape Ann, Salem, Endicott, Charlestown, Sprague — Arrivals in 1629 
— Higginson, Skelton — Salem Church — Opinions of the Errors of 
Church of England — Buildings at Salem — State and Number of In- 
dians — Arrival of Winthrop and Company at Charlestown, Johnson 
at Boston, Saltonstal at Watertovvn, Pynchon at Roxbury, "Wilson 
and Phillips, Warham and Maverick — Settlement of Boston — Tax on 
the several Plantations — Death of Johnson — Eminent Females — 
Friendly Connexion with Plymouth — Patent, Formation of Company 
in England — First Court of Governor and Assistants at Charlestown 
— Church Government — Purchases of Indians — Fortified Town — 
Early Sickness in the Colony — Execution for Murder in Plymouth- 
Power and Influence of Clergy, of Assistants and Freemen — First 
Vessel built by Gov. Winthrop — Tax on the Colony and Committees, 
or Deputies — Watertown objects — Dudley Governor — A few Disaf- 
fected — Character of First Settlers, and love of Liberty. . . 13 

CHAPTER II. 

Opposers of the Colony — Complaints against it, and threatened with 
loss of Charter — Intolerance — Roger Williams — Eminent men who 
arrived after the first settlement — Connecticut settled — Militia — Forts 
Taxes — Haynes Governor — Elections by the People and Deputies — 
Bellingham — Dutch on Connecticut River — Disputes with R. Wil- 
liams — His Banishment — Increase of Plymouth — Sir H. Vane arrives, 
and is chosen Governor — Governor Winthrop — Pequot War — Reli- 
gious Disputes — Mrs. Hutchinson — First Settlers the Friends of Hu- 
man Learning — Many of them Learned Men — Artillery Company 
and Militia — Charter recalled — Claims of Colony to Political Power 
— Printing Press — Distribution of the Powers of Government — 
Standing Council — Dudley Governor — His Character — Prosperity of 
the Colony — Bellingham Governor — Trade — North Line of Patent — 
Assembly of Divines at Westminster, England — Union of the four 
New England Colonies. . . . . . .32 

CHAPTER III. 

Treatment of the Indians — Gorton — Episcopalians — French in Acadie 
— Shipping — Militia — Slavery — Baptists and Quakers persecuted — 
Iron Works — Magistrates direct in Religion— Economy and Sobriety 
— Troubles in England — Synod — Publication of Laws — Witchcraft — 
Death of Gov. Winthrop — Maine — State of Plymouth Colony — Great 
Powers exercised by the Colony — Dispute with Connecticut about 
duties — Canada proposes an Alliance — Disputes in Great Britain — 
Gov. Winslow Agent — Dutch at New York troublesome — Mrs. Hib- 



VI CONTENTS. 



bins executed for a Witch— Maine— Trade of Massachusetts— Crom- 
well proposes a removal of the People of New England to Jamaica — 
Leverett Agent in England — Treatment of Quakers and Baptists — 
Government of Englauu forbid their persecution — Efforts to improve 
Indians — Ecclesiastical Affairs in hands of Magistrates as well as 
Ciergy — Pynchon — Dr. Owen — Youth of Massachusetts — Number 
of Towns and Churches — Population — College. 



48 



CHAPTER IV. 

Dudley Governor— His Death— Endicot, and Bellingham— Liberty in 
the Colony in danger, on the restoration of Charles II. — Policy of 
Massachusetts — The Regicides — Charges against the Colony — 
Agents sent to England — King's letter and Requirements — Ecclesias- 
tical Affairs — Baptism, Independence of Churches — Baptists oppress- 
ed — Chauncey President of College — His Opinion on Baptism — 
Schools in Plymouth — Commissioners from England, with great 
powers — Their Reception in Massachusetts — Letter to the King, 
and contend for Charter Rights — Dispute with Commissioners — 
Treatment of Commissioners in Plymouth — Religious Liberties — 
Commissioners in Maine — King dissatisfied, and orders Agents to 
appear before him — Bellingham, and Willoughby — Troubles in Eng- 
land — Trade and Navigation — Disputes in the Churches in Boston. 63 

CHAPTER V. 

War with Philip — He meditates the destruction of the English — War 
defensive on part of the English — Ptymouth Colony most exposed — 
United Colonies raise Troops — Battle at Narragansett — War continu- 
ed to 1676— Character of Philip— Col. Church— Death of Philip- 
Difficulties with Government of England — Claims of Gorges and 
Mason— Leverett, Bradstreet, Dudley and Danforth— Claims of Power 
— Regulations of Trade — Randolph — Agents to England — Charter 
vacated, and Dudley •appointed President — Andros arbitrary and op- 
pressive — His Council — J. Mather Agent to England — Arrest of An- 
dros and Randolph — Revolution — New Charter — Sir William Phipps 
— Expedition to Nova Scotia, and to Quebec — Failure — Expenses — 
Paper Money — Difference of New and Old Charters — Sir William 
Phipps first Governor — His Character. . . 76 

CHAPTER VI. 

Witchcraft — Laws for Religious Worship, for Education, and for so- 
briety of manners — Disputes with Government of England — French 
atPemaquid — Lt. Gov. Stoughton — Law against Jesuits, and against 
Slavery — Gov. Bellamont — Gov. Dudley — His Character — War be- 
tween England and France — Depredations of Indians — Col. Church 
goes against Indians in Acadie — Expedition to Port Royal — Medi- 
tated attack on Canada — Heavy Debt and Tax, and Paper Money 
—Peace between France and England — Prosperity of the Province 
— Newspapers — Gov. Shute — His Character — Indians in Maine hos- 
tile, conquered — Dispute between Gov. Shute and General Court — 
Gov. Shute, on his return to England, complained of the Court — 
Agent Dummer — Lt. Gov. Dummer — Treaty with Eastern Indians 
— Clergy propose a Synod — Earthquake. . . 91 

CHAPTER VII. 

Governor Burnet— His Character — Dispute with General Court, about 
his salary — Gov. Belcher — His Character — At first very popular — 
Paper Money depreciated — Occasion of long embarrassments — Par- 



CONTENTS. Vll 

ties — Opposition to Gov. Belcher — Naval Officer removed by the 
King, and not by the Governor — Expedition to the West Indies — 
Line between Massachusetts and New Hampshire run — Line run be- 
tween Rhode Island — Governor Shirley — His Character — War be- 
tween England and France — Disputes and contests with Eastern 
Indians — Expedition to Louisburg — Successful — New England 
threatened by the French — Plans against Canada, and Nova Scotia — 
Peace, and Troops recalled from Nova Scotia — Impressments in Bos- 
ton, and Riots — Plan for Bishops in America — Paper Money redeem- 
ed, and discontinued — Reimbursements from England — Society for 
Industry and Economy — Clergy — Eastern Indians — British prohibi- 
tions on Trade — Agent in England — Heavy Taxes — Commerce. 102 

CHAPTER VIII. 

Gov. Shirley returns — Lt. Gov. Phipps — Indians hostile — Forts built on 
Kennebec — Treaty with six nations — Proposal of a union of the Colo- 
nies — Heavy taxes^— Excise proposed — Printer imprisoned for a libel- 
Further preparations for war — Expedition to Nova Scotia and against 
Canada unsuccessful — Opposers of Shirley — Expedition to Oswego, 
and to Crown Point — Earthquake — New Campaign — Gov. Shirley 
made Commander-in-Chief — Gen. Winslow — Shirley superseded by 
Gen. Abercrombie, and returned to England — Campaign of 1756 un- 
successful — Great expenses to the Province — Rogers' Rangers. 118 

CHAPTER IX. 

Military Plans for 1757 — Lord Loudon — Nova Scotia, Louisburg, and 
Crown Point — Governor Pownall — Failure of Expedition— Massachu- 
setts lost many Troops — Character of Pownall — Dispute about quar- 
tering Troops — House contend for the authority of the Province — 
Duties on Trade — Complaints against it — Campaign of 1757 — Mr. 
Pitt — Gen. Amherst — Efforts of Massachusetts — Failure of Expedi- 
tion to Crown Point — Lord Howe slain — Louisburg taken — Quebec 
taken — Wolfe slain — Major Rogers — Complaints of Provincial Troops 
— Great Expenses of War — Insolvent law — Gov. Bernard — Lt. Gov. 
Hutchinson — Campaign of 1760 — Montreal taken. . . . 130 

CHAPTER X. 

Dispute between the House and Council — Expenses of War and loss of 
lives — Schools and Colleges — New Troops raised — Dispute with 
Governor — Claims of House and of the Governor — Customs — Col- 
lector sued — Mr. Otis — Mr. Hutchinson — Writs of Assistance — Ex- 
citement on the occasion — Gold Coin — Wilkes — Whig and Tory — 
State of the province at the Peace of 1763 — Views of Ministers — 
Census — Plan to tax the Province — Controversy on Episcopacy. 142 

CHAPTER XI. 

British propose to raise a revenue in the Colonies — Sugar Act — Op- 
posed — Resolves as to right of Taxing — Otis' Pamphlet — Its doc- 
trines — Views of British Ministry — Petition to Parliament — Differ- 
ence on its tenor — Letter to Agent — Answer to Governor's Speech 
— Opinions of Trade — Representatives in Parliament from Colonies 
proposed — Stamp Act — Convention at New York — Riots and Mobs 
at Stamp Office, and elsewere — Opinions on public rights and duties 
of Governor and Representatives — Stamps sent into Province — 
Distributor of them resigns — House declines to interfere. . . 156 

CHAPTER XII. 

Judicial Courts suspended, on account of Stamps — Opinion of Repre- 
sentatives, and of the Council thereon — Dispute with Governor and 
Council on drawing Money from the Treasury — Extracts from Gov- 
ernor's Speeches, and Answers of the House — Stamp Act repealed, 
and assertion of the right of Parliament to make laws for the Colo- 



Vlll CONTENTS. 

nies— Mr. Pitt— Dispute with Governor about choice of Counsellors 
—Reflections of the Council on the Riots— Address of House to the 
King— Political views of Gov. Bernard — Different opinions among 
the People — Dispute in granting compensation for the losses by the 
Mob — Trade — Arrival of British Troops — Dispute about Expenses of 
the Troops. . . . . . ... 170 

CHAPTER XIII. 

Conduct towards the Native Indians — Gov. Bernard gave his negative 
to several Counsellors elected by the House — Plan to establish Epis- 
copacy — Gov. Bernard misrepresents the General Court — Complains 
that he is attacked in the public prints — Plays prohibited — Slave 
trade condemned by General Court — Town Meeting in Boston; 
Resolutions passed — Petition of House to the King, and Circular to 
other Colonies — Refuse to rescind Circulars — Governor dissolves the 
Assembly — Complaints of the People — Convention in Boston — Brit- 
ish Troops stationed in Boston — Conduct of Colonel of Troops — 
Gen. Gage in Boston — General Court convened — Gov. Bernard un- 
popular — Firmness of the Council — Dispute between Governor and 
House. ........ 185 

CHAPTER XIV. 

British Troops remain in Boston — General Court adjourned a long time 
— Statement and Protest of the Citizens of Boston — Massacre in Bos- 
ton, March, 1770 — General Court held in Cambridge — House remon- 
strate against it — Riot at Gloucester — Ministerial Instructions — Gov. 
Hutchinson's political views — Dispute continued, on holding the 
General Court out of Boston — Governor's salary paid from England 
— Courts — Mr. Hancock — Public finances — Samuel Adams — Con- 
troversy on salary of Governor and Judges — John Adams — Proceed- 
ings of Boston — Their statement and circular. . . . 206 

CHAPTER XV. 

Governor Hutchinson's opinion and speech on the supremacy of Par- 
liament — Opinion of General Court, and dispute with Governor on 
the subject — Governor's letters published, and added to his unpopu- 
larity — He is called to England by the King — Correspondence of 
General Court with Virginia — Tea imported and destroyed — Dispute 
about Salaries of the Judges — -Declaration of Ministers and others in 
England — The Charter altered, and the rights of the Province in- 
fringed — Boston Port Bill — Jurors refuse to take th^ o^*' 1 and to act 
— Governor Hutchinson sails for England — Gen. G succeeds — 
Negatives several Counsellors — Adjourns the General Court to Salem 
— Delegates chosen for a Continental Congress — Gov. Gage dis- 
solves the Court — Military Companies. .... 228 

CHAPTER XVI. 

Objections to the Judges— Jurors refuse to act — Col. Hancock dismissed 
from command of the Cadets — Gov. Gage erects fortifications in and 
near Boston, and collects military stores — Conventions in Suffolk and 
Essex — Governor forbids meetings of the People — Resolutions of 
Convention — Provincial Congress — Its proceedings — Measures of 
the Continental Congress — Committee of Safety — Delegates to sec- 
ond General Congress — Clergy — New Provincial Congress, 1775 — 
General Warren Chairman of Committee of Safety — British Troops 
sent to Salem to seize military stores. .... 243 

CHAPTER XVH 

Third Provincial Congress, March 775 — I • advice and orders — 
More British Troops arrive— War^e 3llbmission _B r itJ s h Patriots- 
Affair at Lexington and Concord- l°? eeting of Provincial Congress — 
More men raised— Gov. Gage r ' ounced as an enemy to the Pro- 



CONTENTS. IX 

Vince — Militia collect at Cambridge and Roxbury, and from Massa- 
chusetts, Connecticut, New Hampshire, and Rhode Island — Advice 
of General Congress desired, as to civil government — Measures of 
defence — Battle of Bunker Hill — Great slaughter — Death of General 
Warren — Cause of its Failure — Gen. Washington appointed Com- 
mander-in-Chief — Measures adopted to augment the Army. 250 

CHAPTER XVIII. 

Representees meet, 19th July, 1775, and elect an Executive Council 
— Population and state of the Province — Army at Cambridge and 
Roxbury — Destitute of equipments — Want of cannon, fire-arms, and 
powder — Falmouth burnt by the British — Powder Mills erected — 
Measures of defence adopted — Forts built — Privations — Courts or- 
ganized — Public expenses — Invasion of Canada unsuccessful — Death 
of General Montgomery — Men enlisted for a year — Plan to attack 
Boston — Dorchester Heights fortified — British leave Boston. 260 

CHAPTER XIX. 

General Washington, with the American Army, proceeds to New York 
— Address of the General Court and People of Boston, to Washing- 
ton — General Thomas ordered to Canada with several Regiments — 
The Expedition unsuccessful — Death of General Thomas — Declara- 
tion of Independence — War in the Middle States — Tories — Militia 
discipline — Style of Writs altered — Calls for the Militia — Great ef- 
forts to recruit the Army — Paper Money depreciates — Laws for the 
relief of the People, and against monopolies — Military affairs at and 
near New York — Washington proceeds to Delaware — Battle of Tren- 
ton and Princeton — Success of Americans under Washington — En- 
listments for 1777 — Difficulty of raising Men for three years — Large 
bounties given — Massachusetts' Regiments — New emission of paper 
— High taxes — attack on Rhode Island, and on St. Johns, in Nova 
Scotia . 269 

CHAPTER XX. 

A Constitution proposed and formed by General Court, but rejected by 
the majority of the citizens — Large body of the Militia called out — 
Northern Army — The British advance — Battle near Lake George and 
at Saratoga — British Army captured, October, 1777 — Affairs at the 
South, and in the Middle States — Battle of Brandy wine and of Ger- 
mantown — BritLh take possession of Philadelphia, and the American 
Arm_^ have q .ers at Valley Forge, in vicinity — The Men suffer for 
want of clothes- Heavy Assessments laid on the States by Congress 
— More Men required — Loans — Appeals to the people — Confederation 
— John Adams Envoy to France and Holland — An able Negotiator — 
Delegates to Congress, and Judges of Superior Court, 177d. 277 

CHAPTER XXI. 

British Army leaves Philadelphia — Battle of Monmouth — Massachu- 
setts" Regiments — Gen. Lee arrested — Rhode Island invaded — Mili- 
tia ordered there — French Fleet — American Army retreat — Lafayette 
— Additional expenses and taxes in Massachusetts — New Bedford 
attacked and burnt by the British — Col. Alden killed at Cherry Valley 
— Gen. Gates commands in Boston sometime in 1778-9 — British 
Government offer to negotiate — Engage the Savages — Finances — 
Congress call for money — Attempts 1o prevent monopoly and specu- 
lation — Gen. Washington colls for more Men — Want of provisions in 
Massachusetts — Officer 'Army noorlypaid — Convention — Further 
requisitions of Congress — i'enobft u Expedition — Further attempts 
to regulate the price of provision — . f t and money called for — Boun- 
ties of land promised to Officers ant u oldiers — Public Fasts. 284 

B 



X CONTENTS. 

CHAPTER XXII. 

War at the South, in Georgia and South Carolina — Charleston taken — 
Gen. Lincoln commanded American Troops — Constitution reported 
for Massachusetts, and accepted — Alterations in it proposed by Peo- 
ple of Boston— John Hancock chosen Governor— Finances— Congress 
propose to call in old bills—New emission of paper — Continental and 
State debt — Agent sent to Europe — People in Maine harassed by the 
British — Academy of Arts and Sciences — Gen. Washington calls for 
more of the Militia — Complaints of the People. . . . 293 

CHAPTER XXIII. 

Session of General Court. October, 1780 — Recommendations of the 
Governor — Sale of Refugees' estates— Loans — Appeals to the People 
---Massachusetts' Regiments reduced—State of the debt of the Com- 
monwealth—Laws revised— Impost duties— Duty on sales at public 
auction— Troops*sent to Rhode Island, and Executive authorized to 
call out more— Treachery of Arnold— Gen. Washington called on 
Massachusetts for six thousand of the Militia— Capture of Lord Corn- 
wallis, in Virginia— Great Expenses-- -British offer to negotiate— 
Terms not acceptable to Congress— More Men called for in 1782— 
Additional sums required by Congress— People complain of heavy 
taxes— Negotiations for peace— Cod Fishery— Massachusetts' propor- 
tion of Continental debt— The People ready to despair— -Population — 
Members of Congress. ...... 298 

CHAPTER XXIV. 

Slavery discountenanced in Massachusetts— Supreme Judicial Court 
decide against it— John Lowell an advocate for its abolition-— General 
Court request an adjustment of accounts and claims on the United 
States— And object to the appointment, by Congress, of any of its 
Members to lucrative offices—Requisitions of Congress-— Military 
Peace Establishment— Terms of Treaty and Peace with England- 
Massachusetts objects to some of the conditions— Time of complaint 
for high taxes— Gov. Hancock resigns— James Bowdoin chosen Gov- 
ernor-— His political opponents — Parties forming-— Public discontents 
— Great debt, and no system to discharge it— Speech of Gov. Bow- 
doin, on the occasion— -Proposes to pay off the debt, and to enlarge 
the powers of Congress to regulate Foreign Trade— Immense public 
debt— Difficult to provide for it— People complain, and resort to force 
—-Punishment for crime. ...... 305 

CHAPTER XXV. 

The Governor urges payment of part of the debt, and a system to main- 
tain public credit-— The General Court do not respond to his advice — 
Conventions of the People, complaining of the Courts of Law— of Le- 
gal processes for collecting debts, and of laying so large taxes — Ex- 
tra session of General Court, in September, 1786 — Conventions of 
People increase— Open opposition to Law— Proclamation and ener- 
getic measures of the Governor— Militia called out to protect the 
Court — Measures for the relief of the People, but not satisfactory to 
them— Lenity to the Insurgents, and an Address to the People— In- 
surgents continue their opposition, and attempt to stop the Courts — 
They assemble at Springiield to prevent the sitting of the Court — 
Militia called out under Gen. Lincoln, and marched to Worcester 
and Springfield— Insurgents flee from Springfield, and are pursued 
to Hadley, Amherst and Petersham, where many are taken, and 
the residue flee— Affairs in Berkshire. .... .313 

CHAPTER XXVI. 

Boundary Line between Massachusetts and New York settled both on 
West and East of Hudson River— Delegates to a General Conven- 



CONTENTS. XI 

tion to revise the confederation — Mr. Hancock chosen Governor in 
1767— Objections to Mr. Bowdoin unjust— The most intelligent were 
his supporters— Produce a tender for debts— Governor's salary re- 
duced—Domestic Manufactures encouraged— Attempts to pay off 
the public debt— Federal Constitution formed and presented to the 
States for adoption—Objections to Constitution ; a subject of great 
discussion— Small majority in its favor— Amendments proposed by 
the Convention. ....... 324 

CHAPTER XXVII. 

Federal Government favorable to Commerce— Assumes the debt of the 
State in part— Debt and Taxes — Public Credit restored — Slave Trade 
prohibited— Conduct of Mr. Hancock towards the Lt. Governor— 
New York and Virginia propose another Convention— Massachusetts 
disapproves the plan— Members of Congress— -Address of the Gen- 
eral Court to President Washington— The Brass Field-Pieces, Han- 
cock and Adams — President Washington's Tour— Address to him — 
Reply of Washington. ...... 331 

CHAPTER XXVIII. 

Opposers of the Federal Constitution — Federal Officers declared ineligi- 
ble as Legislators of the State-— Debt of United States— Congress as- 
. sumed the Debts of the States— Expenses of War to Massachusetts 
Public Taxes—Lotteries disapproved— -Gov. Hancock's views of 
Federal Government— Prosecutions against persons concerned in the 
Slave Trade— Justices of the Supreme Judicial Court— Plan for a 
Theatre— Canal proposed across Cape Cod— Internal Improvements 
—Laws for keeping Lord's Day— -The suability of a State— Death of 
Gov. Hancock— Samuel Adams Lieutenant Governor— His opinion 
of the Federal Government. ..... 338 

CHAPTER XXIX. 

Dispute with France; — and with England— Formation of parties — At- 
tachment to France— Antipathy to England— -Censures on the con- 
duct of the Federal Executive— Treaty with England, 1794— Objec- 
tions to it— Causes of party opinions-— Views of Federalists and of 
Anti-Federalists— Gov. Adams— His political opinions— His recom- 
mendations of support for Schools and Teachers of Religion. 348 

CHAPTER XXX. 

Mr. Adams President of United States— Political parties continue ; and 
party feelings strong— Mr. Adams' opinions and character —Gov- 
ernor Adams declines— Judge Sumner elected— State of public opin- 
ion — Gov. Sumner rechosen— Difficulties with France- -Measures of 
defence. ........ 355 

CHAPTER XXXI. 

Legal provision for Public Worship, and Religious. Teachers— Com- 
plaints by minor sects of the Constitution on the subject— A law in 
1800, more favorable to religious liberty— Reference to law of 1811 — 
Complaints of Alien and Sedition Acts-— Resolutions of Virginia, 
condemning them— General Court of Massachusetts disagrees to 
Resolutions of Virginia— Death of Gov. Sumner — Gov. Strong— His 
character and opinions— Death of General Washington — Gov. Strong 
re-elected— His Conciliatory Speech. .... 359 

CHAPTER XXXII. 

Gov. Strong continued in office several years— Mr. Jefferson President 
— His Policy and Measures— Political opinions and Parties— Finan- 
ces of the State— Public Debt— Electors of President and Vice Presi- 
dent— Gov. Sullivan — His Character and Opinions— Political Partiei 



Xll CONTENTS. 

Policy of General Government— Non-intercourse and embargo — Let- 
ter of Mr. Pickering— Complaints of the Embargo— Additional Act, 
affecting the Coasting Trade. ..... 36G 

CHAPTER XXXIII. 

New Embargo Act—Very obnoxious— Gov. Gore-— His Character- 
Charge against Federal Leaders as friends of England— Mr. Gerry 
chosen Governor-— His political character and Views— Measures of 
the Democratic Administration-— Political intolerance and proscrip- 
tion in 1811— -Party spirit increases— The Governor denounces Fed- 
eralists as enemies to the Country ; and directs an examination of 
Newspapers for libels-— Complains of the Opinions of the Judicial 
Court 374 

CHAPTER XXXIV. 

Gov. Strong, 1812— His political opinions— Political Character of the 
House— Bitterness of^party feelings-— Memorial against War— Gov- 
ernor's Speech— -War declared against England— -Call for the Militia 
—Objections to the War— And to ordering out the Militia— General 
Order of the Governor, for the Militia to be in readiness to repel in- 
vasion—Extra session of the General Court— -The Governor's state- 
ment. ....... . 382 

CHAPTER XXXV. 

Gov. Strong re-elected— Measures of defence against invasion— Arms 
provided by the state for the People in the Seaports— Regular Troops 
ordered out of the State— Opinions of Political Parties— Public De- 
clarations of a distinguished Federalist— Senate of Massachusetts — 
Resolutions in New York— Senators commissioned as Officers in the 
Army— Speech of Gov. Strong— Disapproves of the War—Party De- 
clarations and Opinions— Governor's Speech— Answer of Senate and 
House— Militia called out for defence, in 1814— Dispute with Military 
Officer of the United States— Castine taken by the British— Extra 
Session of the General Court— -Governor's Speech—Answer of Rep- 
resentatives — Resolutions of General Court— Convention at Hartford 
Genera] Orders of Gov. Strong repeated, for the Militia to repel in- 
vasions — Who defended the State by his Orders. . . . 389 

CHAPTER XXXVI. 

Hartford Convention — Its Proceedings — Approved by the General 
Court of Massachusetts— Objects of the Convention— Act of Con- 
gress to authorize a State to employ the Militia for Defence — Intelli- 
gence of Peace-— Controversy touching the right to call out the Mili- 
tia—Governor's Speech on the subject— Mr. Gore's opinion on State 
Rights— Terms of Peace— -Manufactures— Mr. Strong again Gov- 
ernor, in 1815. ...... . 407 

CHAPTER XXXVII. 

Gov. Brooks— His character and Political opinions— Extracts from his 
public speeches-— Candid and magnanimous— Recommends the inter- 
ests of Education and Religion ; and a veneration for the Republican 
Institutions of the Commonwealth— -State Prison— Separation of 
Maine— Revision of the Constitution— Society of Cincinnati — Claim 
of the State on the United States. ... . 417 

Appendix. ......... 429 



HISTORY 



OF 



MASSACHUSETTS 



CHAPTER I. 



Discovery of North America — Causes of Emigrating to America — Character 
and Adventures of the Plymouth Pilgrims — Claim to America by Kings 
of England — Patents and Grants — The Native Indians — Civil Compact 
at Cape Cod — Settlement of Wessaguscus and Mount Wollaston — Morton, 
Lyford, Oldham, Conant, Blaxton, Cape Ann, Salem, Endicott, Charles- 
town, Sprague — Arrivals in lb29 — Higginson, Skelton — Salem Church — 
Opinions of the Errors of Church of England — Buildings at Salem — State 
and Number of Indians — Arrival of Winthrop and Company at Charles- 
town, Johnson at Boston, Saltonstal at Watertown, Pynchon at Roxbury, 
Wilson and Phillips, Warham and Maverick — Settlement of Boston — Tax 
on the several Plantations — Death of Johnson — Eminent Females — 
Friendly Connexion with Plymouth — Patent, Formation ot Company in 
England — First Court of Governor and Assistants at Charlestown— 

■ Church Government — Purchases of Indians — Fortified Town — Early 
Sickness in the Colony — Execution for Murder in Plymouth — Power 
and Influence of Clergy, of Assistants and Freemen — First Vessel built 
by Gov. Winthrop — Tax on the Colony and Committees, or Deputies — 
Watertown objects — Dudley Governor — A few Disaffected — Character of 
First Settlers, and love of Liberty. 

In 1497, about four years and a half after Columbus first dis- 
covered the West India Islands, and before he visited the Con- 
tinent, John and Sebastian Cabot sailed from England, and 
made the coasts of North America, in latitude 45 north. 
They proceeded northward to the 60th degree, and south to 
the 38th. But it is not certain that they landed on, or dis- 
covered any part of the country included in what is now Mas- 
sachusetts.* Bartholomew Gosnold was, probably, the first 

* According to Ramusio, Cabot stated, "that, having proceeded as far 
north as 56° under the pole, and despairing of finding a passage, (to India,) 
he turned back to search for the same towards the equinoctial, always 
with a view of finding a passage to India, and at last reached the country 
called Florida." This was Sebastian Cabot, and in his second voyage, 1498, 
And he might have entered some bays on the coast. 
1 



14 HISTORY OF MASSACHUSETTS. 

European who landed on its coasts, which was in the year 
1602. He visited the Elizabeth Islands, in Buzzard's Bay, 
and the Vineyard, and probably, also, the main land, which 
is within the limits of the present town of Dartmouth. The 
whole country, from Florida to Newfoundland, was then known 
by the name of Virginia ; and the part still so called was first 
settled by the English in 1585. At first, Gosnold proposed 
a permanent settlement on these islands; but his men soon 
became dissatisfied with the plan, and he returned to England 
the same year. In this voyage, Gosnold also discovered the 
southeastern parts of Cape Cod. 

In the Spring of 1603, Martin Pring and William Brown, 
under the direction and by the permission of Sir Walter Raleigh, 
in two vessels, one of fifty tons, and one of twenty-six, w T ith 
thirty men in the largest, and thirteen in the smaller, fell in 
with the coasts of North Virginia, in latitude 43 ; and thence, 
sailing south, visited Cape Cod, and passed round it to latitude 
41, where they landed and remained several weeks, in the 
month of June, and then returned to England. 

Captain George Weymouth was employed by Lord Arundel 
to visit North Virginia in 1605, who discovered the coast in 
latitude 41. 30. And Henry Challons was sent out soon after 
to make discoveries, but was attacked by the Spaniards, and 
his vessel and property confiscated. Afterwards, in 1614, 
Captain John Smith, whose exploits in Virginia have been 
often celebrated, and who had been a great traveller in the ex- 
treme eastern parts of Europe, sailed along the coasts of Mas- 
sachusetts, and made more discoveries of the islands and har- 
bors than any one had done before. On his return, soon after, 
and at his suggestion, the name of New England was given to 
this part of the country, hitherto called North Virginia, by the 
Prince of Wales, afterwards Charles I. king of Great Britain. 
There is no proof, however, that Smith entered many of the 
harbors, in this voyage. 

Four years later Thomas Dermer was sent to the coasts of 
New England, by Sir Ferdinando Gorges, in a ship of two 
hundred tons ; and with him, Squanto, (or Tisquantum,) an 
Indian native of the country, who had been decoyed and car- 
ried to England by one Hunt, formerly in the employment of 
Captain Smith. It is probable, that in his second voyage, in 
1619, Captain Dermer visited Boston and Plymouth harbors. 
The country was then thinly inhabited ; it being only two or 
three years after the prevalence of a very mortal disease among 
the natives. 

The great design of these voyages was the acquisition of 



HISTORY OF MASSACHUSETTS. 15 

wealth and territory ; but it was also an object, from the first, 
to find a fit place for a colony of Englishmen, for the propaga- 
tion of the gospel among the ignorant and debased aboriginal 
inhabitants. And in this benevolent plan, the members of the 
Episcopal Church were the principal, if not the sole, actors. 
Afterwards, indeed, when the first permanent settlements were 
made, particularly in New England, the enterprise was projected 
and accomplished by the puritans, dissenters from episcopacy, on 
account of alleged corruptions and usurpations by the hierarchy 
and its friends, and of the imposition of unscriptural forms and 
ceremonies on the members of the church. 

The most serious objections of the puritans and dissenters 
were to the different orders of ministers and officers in the 
church, with greater or less powers ; to the luxury of the 
higher grades of the clergy ; to the claims set up to impose any 
rites and forms they should choose to prescribe, whether re- 
quired by Christ and his Apostles, or not ; and to the alliance 
of the church with the civil power of the state.* For these ob- 
jections, and their consequent refusal to comply with unscrip- 
tural forms and ceremonies, which were justly considered of 
merely human authority, the puritans were grievously op- 
pressed and persecuted, fined and imprisoned ; which led them 
to look for some foreign land, where they might Jive in the 
quiet enjoyment of their rights, as disciples of Christ, their in- 
spired master ;f and where they might also find a residence for 
their posterity, free from ecclesiastical domination, and unchris- 
tian forms of worship. They had also a strong desire to be 
instrumental in diffusing a knowledge of the gospel among the 
unhappy pagans of America. This, in truth, was scarcely a 
secondary object with them ; nor did they afterwards omit any 
efforts to accomplish this benevolent purpose. 

The men, to whom reference is now made, were also dis- 
tinguished for their regard to the interests of civil liberty. 
While struggling for their christian privileges, and examining 
the foundation of religious liberty, they perceived the benefits 
of political freedom, and soon became eminent for their zeal in 
its support. One, who was an apologist for high monarchical 

* See note A of Appendix. 

t Though less tolerant than the celebrated Mr. Locke, who lived at a 
subsequent and more enlightened period, they possessed the strong love of 
religious truth which he manifested, when he said, " that he should take his 
religion from the Bible, let it agree with what sect it might ; for it would be 
inquired of him at the last day, not whether he had been of the Church of 
England, or of Geneva, but whether he had sought and embraced the truth." 
This was the "principle of the dissenters from the established church in Eng- 
land, though they would tolerate none who differed from them. 



16 HISTORY OF MASSACHUSETTS. 

principles, acknowledged, "that the spark of civil liberty, dur- 
ing the reign of the Stuarts, was kept alive chiefly by those 
who were called puritans in the church." 

So sincere and powerful was the attachment of these men to 
religious liberty, that they made great sacrifices of property, and 
endured sufferings and persecutions several years, for their con- 
scientious non-conformity ; and many of them, particularly 
those, who afterwards were the first settlers of Plymouth colony, 
leaving their native country, removed to Holland in 1607, and 
in several following years, residing first at Amsterdam, and 
afterwards at Leyden. They remained in Holland till 1620, 
when a portion of them embarked for America ; and landing 
on Cape Cod in November, soon after (December 22d) made 
a permanent settlement at Patuxet, since called Plymouth. 
The greater part of the residue emigrated to Plymouth in 1624 
and 1628, where, for many years, their privations and sufferings 
were much more severe than they endured in Holland, or when 
persecuted in their native land ; and yet those were very great, 
or they would not have subjected themselves to the dangers 
and distress attending a settlement in the wilderness. 

Another and much larger company of English puritans set- 
tled at Salem and Charlestown in 1628 and 1629; and Boston, 
Watertown, Dorchester, and Roxbury, in 1630. These were 
the first settlements made in New England, which proved to bo 
permanent. A settlement was begun near the mouth of the 
river Kennebec in 1606-7, but was deserted the following 
spring. And small settlements were made a few years after 
Plymouth, at Weymouth and Braintree, which were soon 
abandoned. 

The first settlement at Plymouth numbered one hundred 
and one, consisting of men, women and children ; but, by their 
great privations and exposure, they suffered severe sickness, 
and nearly one half of the company died within five months 
after they landed. They endured similar privations and suf- 
fering, occasionally, for several years, till they were able to 
build comfortable houses, and to cultivate the earth with profit. 
The danger from the savages was long imminent ; and their 
fears, on this account, were a constant diminution of the com- 
mon enjoyments of life. They found some mitigation for these 
fears, however, in the friendship of a powerful Sachem, not far 
distant from their settlement. In 1630, when the colony of 
Massachusetts Bay dates its origin, as then a large company 
arrived and settled Charlestown, Boston, and vicinity, the in- 
habitants of Plymouth were estimated at three hundred. The 
principal men of the colony were William Bradford, Edward 



HISTORY OF MASSACHUSETTS. 17 

Winslow, William Brewster, Miles Standish, Isaac Allerton, 
Thomas Prence, John Alden, Samuel Fuller, and John How- 
land; to which may be added, John Carver, the first governor, 
who died in five months after their landing ; and Robert Cush- 
man, who was a short time in the colony, in 1621, but who 
soon returned to England, and did not again visit America. 

William Bradford was Governor of the colony from the 
Spring of 1621, when Carver died, to 1657, (the year of his 
death,) except two years, when Edward Winslow was elected 
to that office, and one, in which Thomas Prence was called to 
the chair. It appears by his letters and manuscripts, that he 
was a man of considerable literary attainments. William 
Brewster, who sustained the office of elder in the church, and 
was the oldest of the company, had the benefit of a university 
education ; and was some time in public life in England, during 
the reign of Elizabeth. Miles Standish was of a noble family, 
and possessed a high and indomitable spirit. Samuel Fuller 
was a deacon of the Plymouth church, and a physician of some 
eminence. He was sent for to Salem in 1629, in a season of 
great sickness; and to Charlestown in August 1630, to attend 
the sick, soon after the arrival of the large company, under 
Governor Winthrop. Isaac Allerton and Stephen Hopkins 
were men of good estates and numerous families. They, with 
Brewster, Bradford, Winslow, Standish and Alden, and Shirley, 
Andrews, Hatherly, Beauchamp, Collier and Thomas, who 
still remained in England, were the undertakers, and became 
responsible for the debts of the company. Hatherly, Thomas 
and Collier, afterwards came over and settled in the colony. 
Without the aid and accountability of Shirley and Andrews the 
plantation might have failed, for want of funds and credit. 
They also assisted in procuring a second charter in 1629, on 
the discovery of the selfish plans of Pierce, in whose name the 
first had been issued, though he was only an agent in pro- 
curing it. 

In July, 1620, some merchants, and other opulent gentlemen 
in England, were incorporated, by the name of "The Council 
for the affairs of New England, or North Virginia;" and it was 
proposed to make a settlement within their patent, and under 
their protection. But that patent not being definitely settled, 
the Leyden company resolved to go for some place south of 
New England, near Hudson River. In this, however, they 
were deceived. The captain of the Mayflower carried them 
farther North, and they entered the harbor of Cape Cod. 
This has been considered a favorable circumstance, though de- 
plored at the time ; as the Indians were then numerous in that 



18 HISTORY OF MASSACHUSETTS. 

part of the country ; while the territory about Plymouth and 
Massachusetts Bay was almost depopulated by a recent mortal 
sickness. 

Before the settlements at Salem and Boston, the people of 
Plymouth were constantly struggling for existence, and guard- 
ing themselves against the hostile attacks of the natives, a suf- 
ficient number of whom remained to harass and alarm them. 
Though Massasoit was friendly, other chiefs on Cape Cod and 
in Massachusetts were plotting their ruin. But by the pru- 
dence and wisdom of Bradford and Winslow, the bravery of 
Standish, and the religious influence of Brewster, under the 
protecting providence of God, they survived, they increased and 
prospered. Though destitute of an ordained minister for 
several years, their learned and pious elder faithfully performed 
the duties of spiritual teacher and guide. 

Civil authority was also maintained with equal moderation 
and firmness. On their first arrival, in the harbor of Cape 
Cod, they formed themselves into a political body, for the 
maintenance of civil government; and at the same time ac- 
knowledged themselves the subjects of the crown of England. 
They had then no charter from King James, or the English 
government, to exercise civil and political authority; nor had 
they, as yet, any patent or grant of the territory, where they 
landed and proposed to remain. But they knew that their 
king claimed the country, in right of discovery by the subjects 
of England; and they had indeed his express promise that they 
should be unmolested in the enjoyment of their religious opin- 
ions and mode of worship. They were fully aware of the ne- 
cessity of assuming and exercising political powers ; and in the 
compact which they adopted, they declared their great object 
to be the advancement of the christian religion ; and their uni- 
form professions and declarations were to the same effect. 
This short constitution recognises the equal rights of every 
member of the company, and implies that the object was the 
equal benefit of each and all. And their first, as well as fu- 
ture governor, was chosen only for one year. Their language 
was, "that by this settlement, they hoped the honor of God, 
of their king and country, would be advanced, without injury 
to the native inhabitants ; that they intended not to take ought 
but what the Indians were willing to dispose of; not to interfere 
with them except for the maintenance of peace among them, 
and the propagation of Christianity." The first places settled, 
after Plymouth, were Duxbury, Marshfield, Scituate, Taunton, 
Barns table, Sandwich, Eastham, Rehoboth, Bridgewater, Dart- 
mouth and Swansey. 



HISTORY OF MASSACHUSETTS. 19 

In the summer of 1622, a settlement was began, at a place 
called Wessaguscus, now Weymouth, by some English people, 
under the direction and support of Thomas Weston, an enter- 
prising merchant of London. The number of persons who 
were of this company has been stated to be upwards of fifty ; 
and two vessels were employed in the enterprise. They were 
a very different people, in their character and views, from the 
settlers at Plymouth ; and their chief object was gain. Weston 
had given some aid to the Leyden company, by endeavoring 
to obtain a patent for them early in 1620, and by promising to 
furnish vessels and funds for the enterprise ; but his aim was 
mercantile speculation and profit ; and they soon found that 
they could not justly rely on his support. 

The people of Weston's company treated the Indians with 
great injustice, and in their intercourse with them used much 
deceit and fraud. In their general conduct, as a society, they 
were indolent, extravagant and immoral. They called on Ply- 
mouth for protection against the natives, whom they had pro- 
voked by their oppressions and insolence ; and Captain Stand- 
ish was sent to their relief. He slew several of the hostile 
Indians, who threatened them ; and the Governor of Plymouth 
supplied them with provisions from his scanty stores. The 
following year they wholly abandoned the settlement. 

Another settlement was begun in Massachusetts, in 1625, 
under Captain Wollaston and one Morton, a lawyer of suspi- 
cious character. There were about thirty persons in this com- 
pany ; and they settled on and near an eminence on the South 
side of Boston Bay, to which they gave the name of Mount 
Wollaston. The site is within the town of Quincy, and on the 
farm of the late John Adams, some time President of the United 
States. Little is recorded of Wollaston ; and what has been 
written of Morton, by his contemporaries, represents him as a 
man without moral virtue, and destitute alike of honorable and 
religious principles. There was scarcely the semblance of 
order and decency in the settlement. They were improvident 
and immoral themselves ; and their intercourse with the Indians 
served only to corrupt these ignorant beings, or to fit them for 
inflicting injury on the English settlements. They remained 
longer than those did who were at Wessaguscus in 1622; and 
their irregular conduct frequently called for the interference of 
the people of Plymouth and of Salem; but the leaders and 
most of the company had dispersed before the arrival of Win- 
throp and others in 1630. 

One Thompson, a Scotchman, who had passed a year at 
Piscataway River, settled on an island in Boston harbor, in 



20 HISTORY OF MASSACHUSETTS. 

1624. And the following year Lyford and Oldham, who had 
been banished from Plymouth for disorderly conduct, joined by 
one Conant, made a temporary residence at Nantasket. Co- 
nant was not of the same opinions, precisely, with the people 
of Plymouth ; being less opposed to the rites and forms of the 
established church of England. Lyford and Oldham were men 
of no stability of character ; the former assumed the clerical 
office, but was found to be immoral ; and the latter openly op- 
posed the civil authority. Both were inimical to the govern- 
ment of that colony. They complained afterwards of persecu- 
tion, and prevailed with some persons, who considered the 
Plymoutheans too rigid, to believe they had been severely 
treated ; but they were punished and ordered to leave that 
jurisdiction, for plotting against the government. After a short 
residence at Nantasket, these, with a few other persons, who 
were found, or had lately come to the place, removed thence 
to Cape Ann, chiefly for the purpose of fishing. Conant, with 
three others, John Woodberry, John Balch, and Peter Palfreys, 
characterised as prudent and honest men, left that place in 1626, 
and settled at Naumkeag, since called Salem ; to which he was 
urged by some characters in England, who were desirous of 
effecting a permanent settlement in Massachusetts. 

About this time William Blaxton, (or Blackstone,) who had 
been a clergyman in England, settled on the peninsula, where 
the city of Boston now stands. He continued at that place till 
the arrival of the company under Governor Winthrop, in 1630, 
and four or five years after, when he sold his possessions and 
removed a little south of the patent of Massachusetts. He 
was an eccentric and unsocial character; neither agreeing with 
the Church of England, nor with the puritans. He said " he 
left England to escape the arbitrary conduct of the lord bishops ; 
and Massachusetts, to be free of the rigid discipline of the lord 
brethren." 

In 1628, an important settlement was made at Salem, under 
John Endicot, who was chief of the plantation, till Governor 
Winthrop, with many others, arrived in June, 1630, and settled 
at Charlestown, Boston, and vicinity. After the death of 
Winthrop, he was Governor of Massachusetts several years, 
and for one year in the lifetime of that eminent man. Endicot 
had much energy and decision of character, and was well quali- 
fied, in many respects, to build up a new plantation in the 
wilderness; but he was narrow and rigid in his theological 
views. 

This company came over in pursuance of a plan of Rev. 
Mr. White and others, who had been then some time preparing 



HISTORY OF MASSACHUSETTS. 21 

for a colony in New England, to extend the knowledge of the 
gospel, and to provide an asylum for such as chose or were 
obliged to flee from ecclesiastical tyranny in England ; and it 
was designed also as preliminary to the removal of larger num- 
bers, which took place in 1629 and 1630. The company 
which came with Endicot consisted of one hundred ; and they 
were far better supplied than the people of Plymouth were, at 
their first settlement. Of this party, three brothers, of the 
name of Sprague, with a few others, soon removed to the spot 
on which Charlestown has been since built. They found an 
Englishman living there, by the name of Walford, a black-smith. 
The Indians were more numerous at this place than in the 
vicinity of Salem ; but they readily consented that the English 
should reside there, and the chief was mild and friendly in his 
deportment. 

The nextyear, (1629,) three ships, with two hundred passen- 
gers, arrived at Salem ; and a f>art of these also settled at 
Charlestown, one of whom was Thomas Graves, an eminent 
engineer. The population of these two places was estimated 
at three hundred, including those who arrived in 1629 ; two 
hundred of them were at Salem, and one hundred at Charles- 
town. There were four ministers in this company. Mr. Hig- 
ginson and Mr. Skelton continued at Salem, and were learned 
and pious men : Mr. Smith, who was of an odd temperament, 
and supposed, sometimes, to be partially insane, went first to 
Nantasket, and thence to Plymouth, where he officiated some 
years ; and Mr. Bright, who seems not to have gone to the 
extreme of non-conformity with the puritans of that period, 
soon left the country and returned to England. 

Higginson and Skelton had received episcopal ordination in 
England ; but holding the established church there, to be greatly 
corrupt, if not antichristian, they chose to devote themselves 
anew to the sacred office, by public prayer and by submitting 
to the imposition of hands by some of the lay brethren, as 
teacher and pastor. Delegates from the church of Plymouth 
attended on the occasion, by invitation ; not, however, to direct, 
or to impart any special ecclesiastical power, but to sanction 
the solemn act and to show their christian affection for the 
new-formed church. There was no pastor, at this time, over the 
church in Plymouth, and the delegation was considered by the 
members, both of that and of the Salem church, simply as an 
expression of christian fellowship. 

The people of Plymouth have sometimes been supposed 
more decidedly to oppose and condemn the English hierarchy, 
than those of Salem, and those who came the next year to 
2 



22 HISTORY OF MASSACHUSETTS. 

Boston; but Mr. Skelton and Mr. Endicot were entirely in 
sentiment with the Plymouth church, as to the errors and cor- 
ruptions of the church of England, and of the propriety of a 
separation from it. They also agreed, as to the real independ- 
ence of the churches, and of the perfect equality of their min- 
isters or pastors. Governor Winthrop and his associates, who 
arrived the year following, did not consider the English estab- 
lished church as precisely antichristian, and yet they charged 
it as being unscriptural, arbitrary and corrupt. And, indeed, 
the people of Plymouth, through the influence of their enlight- 
ened pastor, John Robinson, had become cautious of denounc- 
ing the church of England as absolutely unchristian. Win- 
throp, and others of his company, both of the laity and clergy, 
coincided in sentiment with the pilgrim church, as to ecclesias- 
tical government, the equal powers of all christian ministers, 
and the necessity of following the directions of Christ and his 
Apostles, in opposition to all rites and forms adopted by, and 
all decrees resting solely on, human authority. 

When the company with Higginson and Skelton arrived at 
Salem, in 1629, there were only eleven houses, one of which 
was for public use. During that year, several were erected in 
Salem and in Charlestown, and preparations were made for 
building more the following season, for the accommodation of 
those then expected to arrive. Among those who arrived in 
1628 and 1629, were some servants of the more opulent ad- 
venturers, who proposed to come over in 1630 ; and of Mr. 
Craddock, one of the principal undertakers, but who never 
came to Massachusetts. Such was the condition of the colony, 
that it was thought best to release them from servitude the 
next year ; and most of them became worthy freeholders in 
the plantation. 

There were few Indians at this time, near Salem, and they 
were entirely pacific and friendly. They were in fear of other 
tribes at the eastward, which probably induced them to seek 
the good will of the English. The Sachems at Saugust, Mis- 
tic and Agawam, cheerfully consented to their settlement, and 
sold them tracts of land for articles of small value. Naumkeag, 
or Salem, was uninhabited by any of the natives, when Endicot 
arrived. 

The settlement of Massachusetts is commonly fixed in 1630; 
as it was in that year Governor Winthrop and company, con- 
sisting of nearly two thousand souls,* arrived, and settled at 

* Fifteen hundred came with Winthrop, two hundred just before him, 
and settled at Dorchester, and there were three hundred at Salem and 
Charlestown when he arrived. 



HISTORY OF MASSACHUSETTS. 23 

Charlestown, Dorchester, Boston, Watertown, and Roxbury. 
The people who settled Dorchester, though of the same reli- 
gious views and opinions, were not immediately connected with 
those of Winthrop's company, till after their arrival. They 
arrived a short time before the larger company, and first pitched 
on the bank of Charles River, at Watertown ; but a part of those 
associated with Winthrop claimed the place, and they removed 
the same summer to Dorchester. Seventeen ships were em- 
ployed in 1630, bringing over passengers, cattle, and stock. 
They arrived in Salem harbor; but soon moved round to 
Charles River, and landed the people and goods on the north 
side. Within two months, however, Isaac Johnson, one of the 
most opulent of the company, fixed his residence on the south- 
ern peninsula, since called Boston ; and several others soon 
followed him. A part of the company, under Sir R. Saltonstal, 
settled up the river, at Watertown ; and Pynchon, and others, 
soon established themselves at Roxbury. 

In this company were two able and pious clergymen ; John 
Wilson, who was the pastor of the Charlestown or Boston 
church; and George Phillips, minister of the Watertown church. 
The people of Boston and Charlestown formed but one church 
for about two years ; and, after a few months, as early as No- 
vember, the greater part having removed to the Boston side, 
the public religious meetings were generally held at the latter 
place. By a public tax, levied on the several settlements, in 
September 1630, Boston was assessed £11, and Charlestown 
but £7. Early in 1631, another tax was laid, in which Boston 
and Watertown paid a similar and the largest sum ; Charles- 
town and Dorchester were next; Salem and Roxbury still 
lower. 

With the church and people, who settled Dorchester, came 
also two able and pious ministers, Warham and Maverick, who 
had been pastors of churches in the west of England. Lud- 
low, Stoughton, Rossiter, and Clap, were distinguished laymen 
of the same company. And the principal characters with Win- 
throp were Sir R. Saltonstal, Thomas Dudley, Isaac Johnson, 
William Pynchon, William Vassall, Simon Bradstreet, Increase 
Nowell, William Coddington, and Thomas Sharp. 

Before this company sailed from England, April 1630, they 
addressed a letter, signed by Winthrop, Saltonstal, Johnson, 
Dudley, Phillips, Coddington, and others, to their brethren of 
the episcopal church ; in which they acknowledge the church 
of England as their mother, blessing God for their birth and 
education as Englishmen, expressing christian charity for all 
the pious and good of that community, and desiring their 



24 HISTORY OF MASSACHUSETTS. 

prayers, for the success of the enterprise in which they had 
engaged. 

The early death of Isaac Johnson, eminent alike for his 
wealth, and his zeal in favor of the settlement, was a heavy 
loss. He had devoted all his property, as well as his life, to 
the building up of a colony in Massachusetts, for the support 
of pure Christianity. The influence of Johnson, arising from 
his wealth and piety, was so great, that when he died some 
were ready almost to despair of the continuance of the planta- 
tion. His noble consort, who left an abode of abundance and 
elegance, from her attachment to religion, died soon after their 
arrival, and some weeks before this worthy man's decease. 
Her death, probably, hastened his descent to the grave. She 
was not the only female, in this distinguished company, of con- 
fessors and martyrs, who were of noble families. The wives of 
Humfrey, who came over soon after, of Rev. Messrs. Shear- 
man, Bulkley, and Whiting, were daughters of noblemen ; and 
so was Lady Moody, who resided some time in Massachusetts. 
And they are honorable examples of the pious sensibility and 
religious devotion of the female character. 

Governor Winthrop, and the eminent men associated with 
him, in the settlement of Massachusetts, were equally friendly 
towards the people at Plymouth, as Endicot, Higginson and 
Skelton had been. The Rev. John Cotton, from whose church 
several of the Massachusetts company came, and who joined 
his friends in Boston, in 1633, advised them " to take council 
with their christian brethren of Plymouth, and to do nothing to 
injure or offend them." The Rev. Mr. Warham, of the church 
in Dorchester, also expressed a desire to one of Plymouth 
church, in 1630, to be on friendly terms with that chnrch and 
people ; and he declared himself satisfied with their ecclesiasti- 
cal government and proceedings. Similar sentiments of chris- 
tian kindness continued to be cherished by the principal char- 
acters of Plymouth and Massachusetts ; and were mutually 
beneficial to each, till the union in 1692. The great objects 
of the emigration of the company with Winthrop to Massachu- 
setts, were like those proposed by the people of Plymouth, the 
enjoyment of religious liberty, and the diffusion of christian 
knowledge among the native Indians. But the leading men 
of each colony were too wise to suppose they could live with- 
out civil government, or the friendly protection of England. 
They recognised the authority of the crown, and had patents, 
or grants from the king, for the territory on which they settled, 
who claimed the greater part of North America, by virtue of 
discoveries, which were made by his subjects. 



HISTORY OF MASSACHUSETTS. 25 

The council for the affairs of New England, (which was in- 
corporated in 1620,) granted to certain knights and gentlemen, 
about Dorchester, in England, in 1628, the territory lying be- 
tween the rivers Charles and Merrimae, and extending three 
miles south of all and any streams connected with the former, 
and three miles north of the latter; and west to the southern 
ocean. This grant was soon after confirmed by Charles I., 
and a patent was issued, under the broad seal of England, 
giving power to govern the colony to be there established. 
Endicot, Johnson, Saltonstal, Humfrey, Vassall, Nowell, 
Pynchon, and Bellingham, were among the patentees. The 
next year, Winthrop, Dudley, and others, at the instance of 
Rev. Mr. White, were associated with them. Matthew Crad- 
dock was chosen the first governor of the company, in Eng- 
land ; but as he did not purpose to remove to New England, 
Winthrop was chosen to that place, before the company em- 
barked, in 1630; and it was then also voted to transfer the 
powers of government to Massachusetts, where the settlement 
was to be made. Dudley was, at the same time, chosen 
deputy governor; and a board of assistants, viz. Endicot, 
Saltonstal, Humfrey, Johnson, Pynchon, Nowell, Coddington, 
Vassall, and Sharp. 

By the royal charter, the patentees of Massachusetts, their 
associates and successors were declared a body politic : the 
governor, deputy governor and assistants, with the other mem- 
bers of the company, had power to make laws and orders for 
the general good, not repugnant to the laws of England, 
and to punish all violations of such laws. This instrument 
was made a sufficient warrant to the officers of the colony to 
execute its laws, even against the subjects of England, who 
might visit there for trade, or other business ; to punish, par- 
don and govern all such, as well as those who had settled 
within the plantation. The laws of England were early re- 
cognised in the jurisdiction, except in so far as the condition of 
the colony required additions and alterations. 

The first court of assistants, after the company arrived, of 
which the governor and deputy governor were, officially, chief 
members, was held at Charlestown, on the 23d of August. 
This court was also in session twice in September ; and in 
October there was a general court, composed of all the freemen 
or members of the company within the limits of the patent, 
when it was agreed, that the assistants should be chosen by 
the whole body of freemen, and that the assistants should 
chose the governor and deputy governor from their number. 
These latter, with the board of assistants, were authorized to 



26 HISTORY OF MASSACHUSETTS. 

make orders and laws for the government of the colony, and 
to appoint officers to execute them. 

Soon after the arrival and settlement of the company, one 
hundred and eight persons expressed a desire to take the oath 
required of the freemen of the jurisdiction ; some of whom 
had been in the country several years, as Maverick, Black- 
stone, and Conant. The next year, it was ordered that none 
but members of the church should be admitted to the privi- 
leges of freemen. This was justly considered a grievance by 
those who were not of the church. But it continued to be 
the law for many from the first settlement. 

The power of the lay members of the church was equal to 
that of the pastor or teacher, except that the latter was ex 
officio moderator of the church meetings, and the authority to 
administer the ordinances belonged exclusively to him. Each 
church was admitted to have all power necessary to be exer- 
cised for discipline and government, and for the choice and 
separation of the clergymen ; and therefore were, at first, 
called independents ; but afterwards, were generally denomi- 
nated congregationalists. 

The Indians near Boston manifested a friendly spirit towards 
the company, which settled there in 1630, as they had done to 
the people of Salem. They were, indeed, so few in that imme- 
diate vicinity, that they must have been unsuccessful in any 
attack on the English, unless they had received recruits from 
a distance. In 1632, there was an apprehension that a con- 
spiracy was forming against them by the natives, but there 
was no satisfactory proof of such a design, at that period; and 
the Neponset chief, and other petty sachems, were then on good 
terms with the government. Part of Boston was purchased 
of Blackstone, soon after the arrival of the company in 1630, 
though not all, immediately. He probably bought of the 
Indians, as they were on friendly terms with him ; and in other 
instances, as Salem and Charlestown, the full consent of the 
natives was given, for some small consideration, that the 
English might have possession. In no case, does it appear, 
that the lands were occupied by force or fraud. The natives 
were (ew, and they put a small value on the soil. It was in 
perfect good faith that the sales and purchases of the different 
tracts were made. So it was in Plymouth colony. Governor 
Josiah Winslow, in 1675, says in a public document, " that 
no lands there had been taken up, but by purchase, and consent 
of the natives who claimed them." 

Under the direction of such able and worthy men as Win- 
throp, all proper regulations were early made, for maintaining 



HISTORY OF MASSACHUSETTS. 27 

the peace of the community, and for providing the necessary 
means of safety and defence. They felt fully competent, 
by the grants of power in their charter from the king, and by 
virtue of their rights as Englishmen, to make laws for the 
support of civil authority. It will be seen, by reference to the 
powers given in that instrument, as before stated, that they 
might with propriety exercise all the authority requisite for 
self-government, and for the protection and welfare of the 
colony. That they were ready to use all the powers granted 
by their charter, there is abundant proof; and if they exceeded 
those powers, it was generally, if not in all cases, owing to 
their distant location from the parent country, which rendered 
the exercise of sovereign authority necessary ; or to their 
jealous care to preserve their religious liberty. 

Several courts of assistants were holden, within a few months 
after their landing at Charlestown. The first was in August, 
two were in September, two in October, and others in Novem- 
ber and December. After forming anew into churches, at 
Charlestown, Watertown and Dorchester, and ordering a sup- 
port for the Clergymen, particularly of the two former, and 
providing houses for the approaching winter, they consulted for 
preparing a fortified town, in a central and proper place, for 
protection against the natives, of whose disposition towards 
them they could not be fully informed in a few months. The 
places mentioned for this purpose, were Boston, Roxbury, 
Watertown and Cambridge, then called the New Town. The 
general opinion was in favor of the latter, for the chief town, 
where the principal characters were to live ; and Winthrop,. 
Dudley, and others accordingly prepared to build in that 
place. But in the spring of 1631, it was concluded, that 
Boston should be the capital of the colony, and there Winthrop 
and some other public men fixed their residence. This caused 
a temporary coldness between Winthrop and Dudley, who 
sustained some pecuniary losses by the change ; but a cordial 
reconciliation soon took place between them. As at Plymouth, 
soon after the arrival of the pilgrims, there was much sickness 
among the people who came to Massachusetts in 1630. About 
two hundred of the company died, within the first year. 
Whether this is to be attributed to change of climate, or poor 
provisions, or unusual exposure to the cold, it is difficult to 
decide. Their privations and sufferings were very great ; and 
their condition was far different from that in which most of them 
had before lived. On finding that their stock of provisions 
was fast spending, they despatched a ship, early in the autumn, 
for Ireland ; which returned in February following, and gave 
great relief to the plantation. 



28 HISTORY OF MASSACHUSETTS. 

The magistrates were consulted, by the government of 
Plymouth, in October, as to the execution of a man, for mur- 
der, committed within that jurisdiction ; and they advised that 
he should be put to death, " that the land might be purged of 
blood." It was a plain case of felonious homicide. But it was 
a question, with some in Plymouth, whether the colonial gov- 
ernment had authority to inflict capital punishment ; or 
whether the case should not be referred to the judicial tribunals 
in England. The charter for Massachusetts was explicit on 
this point. During the first year, one hundred and eight per- 
sons were admitted freemen ; the most of whom came over 
with the governor and his company in June, 1630 ; but some 
were admitted who were in the country before their arrival. 
The original patentees, their heirs and assigns, were considered 
members of the company, and freemen of the jurisdiction ; but, 
in 1631, it was ordered, that none should be of the General 
Court, and be allowed to vote for the election of governor and 
assistants, except they were also members of one of the churches. 
The General Court was composed of the whole body of free- 
men at first, by whom the Governor and assistants were elected, 
who had all judicial and legislative power in their hands ; the 
people had then no further power or care in the government. 

In the large company which arrived in Massachusetts, in 
1630, there were many gentlemen of family, property and 
education. Winthrop, Dudley, Saltonstal, Nowell, Ludlow, 
Bellingham, Bradstreet, Pynchon, Coddington and others, were 
men of good information and more than ordinary learning; and 
those of the clerical profession among them were also well 
educated characters. 

The clergy, from the first settlement, and for a long period 
after, had great influence, not only in the church, but in the 
civil government. This influence arose from their learning and 
piety; the sacred office alone gave them little power. The 
spirit of equality which prevailed among the puritans, in many 
respects placed the clergy and the laity on a level. But the 
clergy of that period were not mere theologians ; they had been 
led to inquire into the nature of civil government. The state 
of England had forced the subject on their attention. Hence 
their competency to judge in political and social, as well as 
ecclesiastical affairs. They were therefore often consulted on 
the concerns of civil government ; as to the separate powers of 
legislators and judges, of the peculiar authority of the board of 
assistants and of the assembly of deputies, and of the propriety 
of making war and peace. And, if the clergy were sometimes 
permitted and invited to give advice, touching political matters, 



HISTORY OF MASSACHUSETTS. 29 

the civil magistrates claimed authority to direct or to advise in 
ecclesiastical affairs. Such power was often exercised by them, 
not merely as individual members of a church, but when acting 
as a body and in the capacity of magistrates. They aimed not 
at a real alliance of the church and state ; but they contended, 
that religious teachers and institutions were necessary to the 
good order of society ; and they considered it their duty to 
regulate the churches and to keep them pure. 

Many individuals of the company, who formed the first settle- 
ment, were intelligent and judicious, as well as pious characters. 
Winthrop, especially, was well qualified for the leader and gov- 
ernor of this infant colony, by his literary attainments, his legal 
and political knowledge, and by his prudence and discretion as 
well as by his strict probity.* A close, if not a severe discipline 
was necessary for some in the plantation, who were not of the 
church, but who had come over as servants, or as mere adven- 
turers for gain. Six persons were sent to England with Captain 
Pierce in the spring of 1631, as they were thought to be dan- 
gerous to the order of the colony and the morals of the people. 
Some of the leading men of the company returned to England 
in 1630, and early in 1631 ; as Sir R. Saltonstal, Messrs. 
Coddington, Revel, Vassall, and Sharp. But additions were 
made to the colony, by emigrations in 1631 ; and a number of 
neat cattle were also imported. 

At a meeting, in May 1631, of the freemen, and the gov- 
ernor, deputy governor, and assistants of the preceding year, 
which was called "the General Court," it was agreed, that 
there should be such a meeting or court, annually, and the 
freemen propose such for assistants as they chose. Winthrop 
and Dudley were then chosen to be governor and deputy 
governor. It was soon after agreed that the assistants should 
be chosen by the whole body of freemen ; and the governor 
and deputy governor be selected out of that body. The 
emigrations were greater in 1632 than in 1631 ; and the 
settlements in the jurisdiction were extended. Governor 
Winthrop had a farm at Medford or Mistic ; where he built a 
small vessel called " The Blessing of the Bay." 

On the levy of the first tax, the people of Watertown 
objected to pay it, alleging that it was without just authority, 

* Gov. Bradford says, in a letter, "the Governor of Massachusetts is that 
worthy and pious gentleman, John Winthrop, under whose able, prudent 
and godly government, the plantation and churches there have much in- 
creased, to the great joy of our hearts and of all good men." Fuller, a phy- 
sician and deacon of the church at Plymouth, says, " Gov. Winthrop is a 
godly, wise and discreet gentleman, humble withal, and of a fine and good 
temper." 

3 



30 HISTORY OF MASSACHUSETTS. 

and arbitrary, that the governor and assistants should impose 
taxes without the voice of the whole freemen. But the objec- 
tion was withdrawn, when they were told that the assistants 
were chosen by all the freemen, with the power to govern the 
plantation. When a tax was afterwards to be assessed to 
defray certain public expenses during this year, it was proposed 
to have a meeting of committees from the several plantations ; 
and two were chosen for that purpose. This probably led to 
the measure adopted in 1634, of having representatives of the 
freemen from every town in the colony, to form a legislative 
body with the board of assistants, instead of having all the free- 
men assemble, who, at first, chose the governor and assistants, 
and had then no other power in the government. The pro- 
priety of this measure was doubted, as the charter only provi- 
ded for the meeting of the whole company ; but it was justly 
argued, that it was not inconsistent with its spirit, and that the 
freemen might vote and act in person or by deputies chosen 
for the purpose ; such being the case in all companies and 
societies. This course was therefore continued, from that year ; 
though, at first, the deputies made but one assembly with the 
assistants. The towns represented, in 1634, were Boston, 
Salem, Charlestown, Watertown, Dorchester, Roxbury, 
Cambridge (or the New Town) and Saugust, or Lynn ; Wes- 
saguscus and Mistic were not represented, in this assembly, 
and probably had then very few inhabitants, or freemen. 
Some of the settlers at Mistic were servants or tenants of Mr. 
Craddock, one of the principal patentees, but who never came 
to the country. 

At the election in May, 1634, Mr. Dudley, who had been 
several years the deputy governor, and was the oldest of the 
company, was chosen governor; and in 1635, Mr. Haynes 
was elected to the chief magistracy; Mr. Winthrop, like Gov- 
ernor Bradford of Plymouth, being desirous of some relief 
from the heavy cares of that office. He was, however, appoint- 
ed one of the assistants for these years; and thus the colony 
had the benefit of his opinion in all public affairs, as an adviser 
of the governor and as a magistrate. 

It was soon found that the soil was friendly to the cultivation 
of fruit, vegetables, and grain. Indian corn was raised by the 
natives in most places, though in small parcels. In 1633, rye 
was also raised, much to the comfort and benefit of the people. 

In 1633 and 1634, Ipswich was visited and settled; a son 
of Governor Winthrop was early there, but did not long 
remain. The intercourse with the Indians was frequent and 
friendly ; but the people of the colony were in trouble from 



HISTORY OF MASSACHUSETTS. 31 

the enmity of some individuals among themselves, who were 
immoral and turbulent characters, and who, for some just 
punishment, complained of the conduct of the governor and 
assistants to the parent country. 

The character and education of the leading men both oi 
Plymouth and Massachusetts, was such as to fit them for the 
enterprise which they undertook, to form a religious and polit- 
ical society, founded in the equal rights of men, and of obedi- 
ence to God as their Supreme lawgiver and Governor. Their 
distinguishing trait of character was a sacred regard for divine 
revelation, united with the conviction, that civil government 
was essential to social order and justice. But republican 
or democratic principles were recognised in their full extent. 
The whole body of the freemen were to choose magistrates, and 
make the laws in person or by their deputies, and every 
attempt to evade this principle was early opposed and sup- 
pressed. Their zeal for religion and for the support of Chris- 
tianity was, generally, wisely tempered by their knowledge of 
human nature and of the importance of civil authority. The 
condition of their native country had served to prepare them 
to be political as well as religious guides. Brewster, Brad- 
ford, Winslow and Prence of Plymouth, and Winthrop, 
Bellingham, Ludlow, Dudley, Nowell, Pelham, Pynchon and 
Bradstreet, weie qualified from their knowledge and experience 
to direct the affairs of civil government. If they differed, 
in some of their enactments and policy, from the old govern- 
ments of Europe, it was not through ignorance or fanaticism, 
but from a reference to their peculiar situation, and from a 
supreme regard to the divine authority. All the freemen were 
on a level, and therefore had equal rights ; and a less strict 
discipline than was adopted towards strangers and intruders 
would have subjected the infant colony to confusion and misrule, 
if not to an entire overthrow. 



CHAPTER II 



Opposers of the Colony — Complaints against it, and threatened with loss of 
Charter — Intolerance — Roger Williams — Eminent Men who arrived after 
the first settlement — Connecticut settled — Militia— Forts— Taxes — Haynes 
Governor — Elections by the People and Deputies — Bellingham — Dutch 
on Connecticut River — Disputes with R. Williams — His Banishment — 
Increase of Plymouth — Sir H. Vane arrives, and is chosen Governor — 
Governor Winthrop — Pequot War — Religious Disputes — Mrs. Hutchin- 
son— First Settlers the Friends of Human Learning—Many of them Learned 
Men — Artillery Company and Militia — Charter recalled — Claims of Col- 
ony to Political Power — Printing Press — Distribution of the Powers of 
Government — Standing Council — Dudley Governor — His Character — 
Piosperity of the Colony — Bellingham Governor — Trade — North Line 
of Patent — Assembly of Divines at Westminster, England — Union of the 
four JN'ew England Colonies. 

The colonies in New England had enemies in the parent 
country, from their first settlement. The puritans, by whom 
these colonies were first projected and planted, were very 
obnoxious to the English hierarchy ; and the supporters of the 
Stuart family, were no less opposed to them, for their political 
opinions. They were watched, with an evil eye, and attempts 
were often made to withdraw or curtail the civil powers grant- 
ed them by the royal charter. Some merchants, also, who 
regarded America only as a theatre for gain, were instrumental 
in inflicting injuries, or in obstructing their prosperity. And a 
few individuals, for sometime resident in the colony, who 
were secret friends of the established church of England, or 
envious of the prosperity of the puritans, plotted against them. 
Sir Christopher Gardner, a traveller and adventurer without 
character, Morton, who had been at Mount Wollaston some 
years, and Radcliffe, sometime a tenant of Mr. Craddock, 
were banished from Massachusetts in 1632; as Lyford and 
Oldham had been from Plymouth, at an earlier day. Soon 
after they reached England, whither they were transported, 
they preferred a memorial to the government, in which they 
complained, that the rulers of Massachusetts were intolerant 
and severe towards all persons, not of their peculiar views; 
and that they assumed and exercised greater civil power than- 
was given by the charter, or was consistent with the entire 
sovereignty of the parent state. Sir Ferdinand Gorges, and 
Mason, who had grants of land in Maine, and on Piscataqua 



HISTORY OF MASSACHUSETTS. 33 

river, and some others, were active in urging the presentation 
of this complaint. But the decision of the king and his privy- 
council on the petition, was favorable to the colony of Massa- 
chusetts ; which was acknowledged to have been planted, 
without cost to the English government, and was inhabited by 
peaceable and loyal subjects of his majesty. But the follow- 
ing year, on other similar complaints, and great numbers 
intending to remove from England to Massachusetts, which 
alarmed the government there, an order of the council was 
adopted, forbidding all emigration ; and Mr. Craddock, the 
principal character of the patentees of the colony, was directed 
to bring the charter before the board. But this order was 
not immediately lbllowed by any oppressive measures towards 
the colony. At a little later period, the archbishop of England 
and ten others, officers of the court, obtained a commission 
from Charles I. granting them full power to alter or revoke 
the colonial charters, and to govern the inhabitants according 
to their own mere will and pleasure. But this commission also 
was superseded, or remained without operation and effect. 

'lhese measures of menace and these designs of oppression, 
were chiefly owing to the character of the puritans in the 
colony, who were unwilling even to tolerate episcopalians and 
other dissenters from their ecclesiastical rules and discipline ; 
and were also known to be opposed to all arbitrary power in 
the state. The 6rst planters of Plymouth, of Salem, of 
Boston, and other places in Massachusetts, cannot, perhaps, 
be fully justified for their strict discipline and government, in 
all cases, or for their severity towards those who would not 
conform to their opinions and usages ; yet some apology may 
be found for them, in the fact, that "they came to America 
under great privations, after long persecutions in England, to 
enjoy their forms of worship, which they believed were 
agreeable to the word of God ; and had they not been select 
in receiving new comers, and in ejecting the turbulent and 
schismatic, their object would have been entirely defeated, and 
the colony probably broken up. But these considerations 
may not fully justify the conduct of the first and early settlers, 
in their exclusive and censorious spirit towards such as dissent- 
ed from their opinions and forms. They were inexcusable in 
their treatment of Roger Williams, who was an honest, though 
an eccentric character; of Child, Brown, and others, who 
were desirous of worshiping God according to the liturgy and 
prayer book of the established English church; of Mrs. 
Hutchinson and her adherents, who, though very fanatical, 
did not deserve the harshness with which they were visited 



34 HISTORY OF MASSACHUSETTS. 

for their extravagant and erroneous opinions ; and least of all, 
for their persecutions and punishment of the Quakers. Wil- 
liams, merely for his honest independence of opinion, was 
driven out of the colony in the midst of a severe winter, 
(1635 — 6)* and it seems almost miraculous that he did not 
perish under his accumulated sufferings. It was a memorable 
remark of Governor Haynes to Mr. Williams, in 1635, " that 
he believed God had prepared this part of the world for people 
of all sorts of consciences and opinions." Mr. Williams was 
considered by his friends to be precipitate and passionate. 

Among those who arrived in the colony and became perma- 
nent settlers, after the year 1630, and within three or four 
years, were Richard Bellingham, who was one of the original 
patentees, with Endicot, Saltonstal, Johnson, and others ; John 
Winthrop, Jr., oldest son of the governor; Sir Henry Vane, 
who, the year after his arrival was chosen chief magistrate ; 
John Haynes, who was also governor for one year ; Herbert 
Pelham, a near relative of the Duke of New Castle ; Sir R. 
Saltonstal, Jr. ; and Rev. Messrs. J ohn Elliot, John Cotton, 
Thomas Hooker, Samuel Stone, John Norton, Thomas Shep- 
erd, Nathaniel Ward, John Lothrop, and Thomas Parker. 
Mr. Elliot, after a few months of preaching in Boston, in 1631, 
in the absence of Mr. Wilson, and before the arrival' of Mr. 
Cotton, was ordained over the church at Roxbury, where Mr. 
Pynchon and others settled, soon after landing at Charlesiown ; 
and probably in the fall of 1630. Mr. Cotton, who arrived in 
the colony in 1633, and had been long intending to come over, 
was settled, with Mr. Wilson, over the church in Boston. 
Mr. Hooker, and Mr. Stone, were placed at the New Town, or 
Cambridge ; and removed, in 1635, with several of their 
church and people, to Connecticut ; and about the same time, a 
part of the Dorchester people settled Windsor. Mr. Pyn- 
chon soon left Roxbury also, and fixed his residence higher up 
on that river, the present site of Springfield. Mr. Ward was 
at Ipswich, and there also Mr Norton settled, after passing a 
few months in Plymouth, where he first landed. Mr. Lothrop 
first settled in Scituate, and thence removed to Barnstable ; 
Mr. Sheperd succeeded Mr. Hooker at Cambridge, and Mr. 
Parker was at Newbury, with a Mr. Noyes. To these may 

* It is not very important whether Williams was banished in 1635 or '36. 
It has been generally stated that it was in 1635 ; but Dr. Holmes and Dr. 
Bently fix it in 1636. Williams says, in one of his letters, that it was the 
year before^the Pequot war, which was in the spring of 1637. He was 
banished in the winter of 1635 — 6. He came over in 1631, was about a year 
at Salem ; then two years at Plymouth ; then again at Salem about a year 
more. 



HISTORY OF MASSACHUSETTS. 35 

be added Rev. Mr. James, who became the pastor of the church 
in Charlestown, in 1632, on its separation from that of Boston; 
Rev. Mr. Whiting, who was at Lynn, Richard Mather at 
Dorchester, after the removal of Warham and Maverick, and 
Jonathan Mitchell, who was early settled in Cambridge. 

A fort was erected on Castle Island in 1634 ; and one had 
been thrown up on the hill in the south-east part of Boston in 
1632. Militia companies were also early formed ; and 
the officers were required to train and discipline them every 
week. There were then fears of an attack from the French in 
Acadie, as well as from the Indians, who complained that the 
English were encroaching on their lands. 

When a tax was assessed in 1633, the proportion was as 
follows, viz: Boston, £16, Roxbury, £13, Charlestown and 
Watertown, £13 each, Dorchester, £15, Salem, Lynn, and 
Cambridge, each £8. And in the fall of the same year, 
Boston, Roxbury, Charlestown, Watertown, and Cambridge, 
were taxed alike; the other towns less. At this period, the 
clergy were consulted, for preparing a code of laws suitable to 
the condition of the colony, and the character of the people ; 
and they were also requested to consider the propriety and 
importance of some regular discipline of church government. 
Laws were made to prevent extortion and oppression, espe- 
cially, as to the price of labor and necessary articles of living. 
The governor discouraged all needless ceremonies and expen- 
ses; and set an example of economy and sobriety. For the 
first three years, the powers of government were almost wholly 
with the board of assistants, including, indeed, the governor 
and deputy. But this was with the general consent of the 
people, who also had the privilege and the power to elect 
these magistrates. 

In 1635, when Mr. Haynes was chosen governor in the 
room of Mr. Winthrop, a change took place in the government, 
of having representatives from every town, to be a part of the 
legislative body, as before mentioned. This change was not, 
probably, made because Winthrop was not chosen governor, 
for he was still one of the board of assistants, or council, and 
he desired to be excused. The great increase of citizens, no 
doubt, was the principal reason for the alteration. The whole 
body of freemen had been accustomed to assemble, though it 
was only to elect the governor, deputy and assistants. The 
first year, indeed, the assistants chose the governor and deputy. 
There were, now, eight towns, besides some smaller settle- 
ments, as Agawam, Wessaguscus, Mistic, and Winnesimit. 
The whole population was probably not less than four thousand, 

1151734 



36 HISTORY OF MASSACHUSETTS. 

for in 1630 it was estimated at two thousand ; and large addi- 
tions were made in 1632 and 1633 ; and seven years from this 
period it was more than twenty thousand. It was now thought 
proper and expedient, for the freemen to meet in their respec- 
tive towns, and choose three of their number to represent the 
people in a general court, or a legislative assembly, a part of 
which was the governor, deputy, and the assistants, also chosen 
by the freemen. Four general courts a year were holden a 
short time, for legislative business ; and for a few years, the 
representatives and assistants formed only one assembly. Hav- 
ing gained this portion of power in the government, the repre- 
sentatives soon claimed a share in both the executive and judi- 
cial proceedings. But this was warmly opposed. 

At this time, when the people and the deputies demanded a 
share of the legislative power, and even claimed judicial author- 
ity, they proceeded so far as to impose a fine on the assistants, 
for disregarding an order of the general court. Mr. Endicot 
was also reprimanded for indiscreet and rash conduct, in cutting 
the cross out of the king's colors, with, the pretence that it was 
a relique of popish superstition. It was supposed he was urged 
to this imprudent act, by Roger Williams, who then resided in 
Salem. Mr. Endicot was further punished for this conduct, by 
being declared ineligible to any public office for a year. Com- 
plaints were even made against Governor Winthrop ; and he 
was questioned as to some public receipts and disbursements, 
while he was in office. But on inquiry, he was honorably ac- 
quitted ; and not even a suspicion against his integrity remained. 

Richard Bellingham, one of the original patentees of Massa- 
chusetts, and who arrived in the colony in 1634, was chosen 
deputy governor in May, 1635, when Mr. Haynes was elected 
the governor. Mr. Bellingham was educated a lawyer, and 
had a greater share in framing the laws of the colony, than any 
others, except Winthrop and Cotton. He was distinguished 
alike for good judgment and incorruptible integrity. He was 
generally one of the assistants, and at a later period, was several 
years chief magistrate of the colony. 

When the settlements were made at Hartford and Windsor, 
on Connecticut River, in 1635, by the people from Cambridge 
and Dorchester, there were conflicting claims to that part of 
the country, by Massachusetts, Plymouth, and the Dutch, on 
Hudson River. The place had been visited, several years 
before, by some Plymouth people, who erected a house for 
trade with the Indians. The Dutch, soon after, took posses- 
sion, a little lower on the river, claiming the place to be within 
their patent. Some disputes arose, in consequence of these 



HISTORY OF MASSACHUSETTS. 37 

various claims ; but no serious difficulties occurred with the 
Dutch at the time ; and yet it was supposed, that they insti- 
gated the Indians, two years after, to make hostile attacks on the 
English, in that part of the country. 

There was much public excitement through the colony, in 
1634 and 1635, relating to the opinions and conduct of Roger 
Williams. His honesty was never justly doubted, but he was 
wanting in prudence and stability of character, and indulged in 
very extravagant theories. He made himself obnoxious to the 
government, by denying the validity of their title to the soil, 
on account of the royal grant; insisting that the Indians were 
the only proprietors ; and by opposing the claims of the 
civil authority, to make any laws touching the observance of 
the sabbath, or other religious ordinances. In the assertion 
and publication of these sentiments, he was CQsidered a dis- 
turber of the public peace ; and when he could not be con- 
vinced of his errors, was ordered to depart from the colony. 
His opinions led him to refuse religious communion with most 
others, and even with members of his own family. And he 
condemned all who would not join him in anathematizing the 
church of England. With all these extravagances, he had a 
great portion of human kindness in his disposition, and was 
ever ready to make personal sacrifices for the welfare of others. 
Individuals of distinction, both in Massachusetts and Plymouth, 
showed him much kindness, even at the time of his banish- 
ment; and afterwards, till his death, he was esteemed for his 
benevolence, honesty and piety. Mr. Williams was a scholar 
and a clergyman. He preached some time in Salem, after his 
arrival ; then at Plymouth, for about two years; thence he re- 
turned to Salem, where he openly advanced his peculiar and 
obnoxious opinions; and in the winter of 1635-6, when ordered 
to leave Massachusetts, he went south, and took up his abode 
at a place which he called Providence. 

The colony of Plymouth was, at this time, in a prosperous 
condition, though it was still small and feeble, compared to 
Massachusetts. Under the direction of wise and prudent 
characters, the debts, early contracted for their transportation 
and original settlement, were discharged; some vessels were 
built ; and their trade increased ; and several towns were settled 
in different parts of the colony. 

When it was proposed, in 1634-5, by Mr. Hooker and the 
people of Cambridge, to remove to Connecticut River, a ques- 
tion arose, as to the power of the representatives, acting sepa- 
rately from the assistants. The consent of the general court 
was asked, for the removal, as it was believed the welfare of 
4 



38 HISTORY OF MASSACHUSETTS. 

Massachusetts might be affected by it ; and it was said that all 
ought to remain together for the common defence and pros- 
perity. The majority of the representatives were in favor of 
the removal ; but a vote could not be obtained for it in the 
board of assistants. The representatives insisted, that the 
assistants should yield to them, as the larger body ; and as the 
votes for removal, taking those of the deputies and assistants, 
were more than those against it. The assistants resisted this 
claim of power on the part of the representatives ; but in 1635-6 
the removal took place ; and it was afterwards settled, that no 
order or law should be binding, or take effect, unless the 
majority, both of the deputies and assistants, approved of it. 

Sir Henry Vane, who came into the colony in 1635, was 
elected governor the following year. He was under thirty 
years of age, bpt of accomplished manners, and very conciliat- 
ing and popular in his deportment; and he was also a high pro- 
fessor of piety. His religion, however, was not such as to 
divest him of a love of power. He sought the favor of the 
people, particularly of those who made great pretensions to 
sanctity, and was put forward by them, as a rival and competitor 
to Governor Winthrop. In 1637, after sorr? doctioneering by 
the particular friends of these gentlemen, Wflfl&rop was elected 
to the place of governor ; and Vane soon after returned to 
England, where he acted a conspicuous part, in the time of 
the commonwealth ; and afterwards suffered heroically, under 
Charles II. The qualities of Governor Winthrop, both of the 
head and the heart, were such as to secure the utmost confi- 
dence from all the intelligent and. judicious characters in the 
colony. 

The first serious danger to which the people and govern- 
ment of Massachusetts were exposed, from the Indians, was in 
1637, when the cruelties and injuries committed by the Pequot 
tribe were so great, that war was formally undertaken against 
them ; in which those of Plymouth and Connecticut united. 
This tribe resided between the Thames and Connecticut rivers, 
and at and near the present site of New London. They had 
attacked and slain several of the English, who were trading in 
their vicinity ; but it is probable the persons slain had pre- 
viously done some injury to the natives. The English de- 
manded satisfaction without effect ; and the conduct of the 
Pequots was so unjust and menacing,- that it was believed the 
safety of the colonies required that they should be subdued. 
An attempt was first made, in 1636, to bring them to submis- 
sion, and Endicot was sent with eighty men for that purpose. 
The Indians made evasive answers, and he returned without 



HTSTORY OF MASSACHUSETTS. 39 

effecting a negotiation. His force was too small to reduce 
them. The natives near Boston were few, and no indications 
had appeared of their hostility, to cause very anxious fears to 
the government. At a distance, they were more numerous. 
Besides the eastern tribes, there were the Pautucketts, on the 
higher parts of the Merrimac River; the Nipmucks, to the 
west and southwest; the Pocanoketts, at Mount Hope, and 
extending through the colony of Plymouth ; the Narragansetts, 
the Nianticks, the Pequots, and the Mohegans, in the south- 
west parts of Rhode Island, and the adjoining territory of Con- 
necticut. Of these, the most formidable and savage were the 
Narragansetts and Pequots. After it was determined to make 
an attack on this hostile tribe, and in their own country, the 
three colonies of Massachusetts, Plymouth, and Connecticut, 
agreed to furnish men for the war. The attack was made on 
the Pequots, by the Connecticut troops alone, before those 
from the other colonies arrived. Major Mason, who had been 
a soldier in the continental wars in Europe, and like Standish, 
of Plymouth, was considered an able military character, had the 
command of them. His attack was very bravely and skilfully 
conducted. He came on them by surprise, though they knew 
he was on his march against them. The sachems and chiefs 
made a desperate defence, for some hours ; but the panic and 
confusion were so great, on account of the unexpected assault, 
when it took place, that they were completely routed with 
great slaughter. The remnant of the tribe was soon after pur- 
sued to a distance by the Massachusetts troops, which had 
come up, and wholly routed and dispersed. The Narragan- 
setts, Nianticks, Mohegans and Nipmucks, (except that a 'dis- 
pute among themselves involved the colonies in a degree) were 
subsequently peaceable and submissive, till the attempts made 
by Philip, in 1675, to destroy all the English in the country. 
During the year 1637, an unhappy dispute arose, as to the 
nature of faith and justification, which agitated the whole" com- 
munity. Some extravagant and dangerous opinions were ad- 
vanced, tending to licentiousness, under pretence of glorifying 
the sovereign grace of God. The sentiments were justly op- 
posed and reprobated, but the deluded people were treated 
with undue severity. Several persons were banished, or chose 
to leave the colony, rather than submit to the censures and 
restraints imposed on them. The settlement on Rhode Island 
was begun, at this time, under Coddington, Coggeshall, and 
others, who had been banished on a charge of erroneous and 
dangerous sentiments. A large minority of the freeholders 
were implicated in this alarming heresy; and the govern- 



40 HISTORY OF MASSACHUSETTS. 

ment considered it so dangerous to social order and good morals, 
that the supporters of it were disarmed. Rev. Mr. Cotton of 
Boston, and Governor Vane, favored the opinions of these 
fanatics, for some time, before they proceeded so far as to re- 
quire the interference of the civil government. Their apology 
was, that divine grace was magnified by their creed. But it is 
probable, that the deluded persons withheld their opinions from 
Mr. Cotton, to the extent which they confessed them to others. 
Their opinions tended to the most revolting antinomianism ; 
and all that was required by them to be a christian and a spirit- 
ual person, was a feeling and a belief of justification by a 
sovereign act of the Deity. Governor Winthrop, Rev. Mr. 
Wilson, and most others of the clergy, opposed and censured 
this opinion, as dangerous to the purity of- the churches, and 
directly contrary to the plain declarations of the gospel. These 
were therefore denounced as legal preachers, while Mr. Cotton, 
and few others, were said to preach the doctrines of grace. 
When Mr. Bulkley was settled at Concord, in 1636, he was 
condemned by these high spiritual professors, as teaching a 
covenant of works, and some declined assisting in his instalment 
on that account ; and yet he was the writer of a pamphlet en- 
titled, " The Gospel Covenant of Grace." The Rev. Mr. 
Hooker exerted a salutary influence at this time. He expressed 
doubts of the benefits of a synod, to settle -religious disputes, 
from an apprehension that party feeling and prejudice would 
have an undue influence in the decision. And Governor Win- 
throp insisted, that the appeal should be to the scriptures ; and 
his prudence and firmness maintained a good degree of order 
ancl peace. Indeed, the Bible was professedly made the stand- 
ard by all ; but each sect claimed to decide what it taught, and 
condemned such as differed from them. 

The men, who first settled Plymouth and Massachusetts, 
were friends of human learning, and early made provision for the 
education of youth. Of the Massachusetts company, a great 
portion were well educated men, and they considered human 
knowledge essential, or highly important for the public teach- 
ers of religion. The number of learned men among them was 
as great, in proportion to the whole population, as in any part 
of England, at that period. It was only a few fanatical per- 
sons, and those not among the men of influence, who supposed 
that religion did not need able and learned advocates. 

In 1636, the general court granted £400 for the support of 
the school at Cambridge ; and in 1638, Rev. Mr. Harvard, of 
Charlestown, bequeathed half of his estate, being about £800, to 
the same seminary. It soon after received the name of Harvard 



HISTORY OF MASSACHUSETTS. 41 

College ; and the government frequently afforded it pecuniary 
aid, to induce men of learning to become teachers, and to 
qualify youth to maintain the peace and honor of the colony. 
At a later period, provision was made, at the college, for giving 
a classical education to such of the Indian youth as were dis- 
posed to receive it. Nor was it long (1646) before laws were 
enacted for the support of public schools in all the towns within 
the jurisdiction of Massachusetts. 

By the provident care of the government, an order was 
early made for arming the freemen, and training them for 
military service. A laudable spirit prevailed, in this respect, 
among the most eminent characters. An artillery corps was 
formed in 1638, composed of men of property and influence in 
the colony, which has been continued, under the name of the 
Ancient and Honorable Artillery Company. There was an 
application for an act of incorporation of the company in 1639, 
but it was not granted ; yet it had the approbation and support 
of the government. In 1639 two regiments of militia, of five 
hundred men each, were formed, and paraded with great show ; 
one of which was commanded by the governor, and the other 
by the deputy governor, in person. 

There was early a jealousy, on the part of the parent gov- 
ernment, of the growing power of Massachusetts ; and it was 
often pretended, that the colony had assumed authority incom- 
patible with a due subjection to England. Evidences of this 
disposition have already been noticed. In 1638, at the instance 
of the attorney general, urged, no doubt, by those particularly 
inimical to the colony, or the advocates for arbitrary power in 
the parent state, a writ of quo warranto was issued, by order 
of the Lord Commissioners for foreign plantations ; requiring 
the proprietors, or patentees, of Massachusetts Bay, to surrender 
their charter, on the plea of having exceeded the powers granted, 
and of abusing the royal grace. Those who were in England 
appeared, and judgment was rendered against them.. Governor 
Winthrop was served with a similar process; but he did not 
appear nor answer, except that the general court, through his 
influence, probably, forwarded a petition to his majesty; in 
which they referred to the powers granted by their charter, 
which they alleged they had not abused nor exceeded ; that 
the colony would be greatly injured, and the people deprived 
of the rights and privileges of Englishmen, if the charter were 
resigned, and the arbitrary will of officers in England were to 
govern ; and praying the forbearance and clemency of his 
majesty. Either the Lords Commissioners were satisfied with 
the statement, or the political disputes and divisions in England, 



42 HISTORY OF MASSACHUSETTS. 

at the time, prevented further proceedings on this subject. 
Some clauses in the royal charter for a government in Massa- 
chusetts, as before stated, gave large powers ; and the 
rulers of the colony were always ready to exercise them to the 
full extent. The object of the English government, invariably, 
was to prevent the exercise of powers not clearly given, and 
even to interpret the charter more unfavorably to the authority 
to the colony than the people here admitted ; or to recall the 
first charter, and substitute another calculated to keep the col- 
onists in entire subjection, and under the constant control of 
Parliament; or, perhaps, to allow no charter ; leaving the inhab- 
itants to the capricious will and pleasure of the favorites of the 
crown. 

The colonists claimed all power proper for an entirely sep- 
arate government, except that their laws should not be 
repugnant to England, and a recognition of dependence on the 
crown ; which, as they construed it, seemed not to prevent their 
exercise of the highest civil powers ; while the political charac- 
ters in the parent country admitted the power, only to make ne- 
cessary local regulations, and insisted on the right of appeal in all 
cases, to the decision of the king or parliament. This differ- 
ence of opinion, and this contest, continued for nearly ten 
years, when the disputes in England, between the friends of 
royalty and the advocates for civil liberty, prevented much 
attention to the conduct of the colonies.* The opposers of 
Charles I. were generally friendly to the government and 
leading men in Massachusetts. Yet, in 1650, when some of 
them advised the governor and assistants to solicit political 
favors of the parliament, they declined ; from the considera- 
tion, that, if they put themselves under the protection of the 
British government, it might become necessary to be subject, 
in all cases, to such laws as it might afterwards impose ; 
which, in the end, would probably prove highly prejudicial to 
the rights of the colony. There was a constant assertion, 
from an early period of the settlement of Massachusetts, of a 
right to the liberties of Englishmen, and of political authority, 
as granted in their charter, for self government. 

Within the first ten years of the settlement, by Winthrop 
and his company, the colony was well supplied with mechanics 
and artificers; and cattle were so numerous, as to be sold for 
less than half the sum demanded in the three years 1630 — 
1633. The manufacture of linen and woollen cloths was 

* The dispute was soon after revived, however, in time of Charles I. and 
his successors ; nor did it in fact long sleep at any future period; but broke 
out with more power and effect in 1770. 



HISTORY OF MASSACHUSETTS. 43 

encouraged by the General Court, at this period. The breed 
of sheep was also an object of attention ; flax was grown in 
many parts of the colony, and cotton was imported from the 
W. Indies. In the same period, there were eighteen churches 
formed in the colony, and nine in Plymouth ; and were sup- 
plied with able and learned pastors. 

In the early days of the colony, the clergy had great influ- 
ence, even in political affairs ; but it was used, most frequently, 
only at the request of the civil authority, instead of being 
exerted in opposition to, or in derogation of it. Their literary 
and moral character entitled them to consideration, even in 
political concerns ; and they proved themselves the friends of 
social order and civil liberty. If they sometimes assumed to 
control the laity in matters of religion, it was from mistaken 
rather than ambitious views ; believing that they had discov- 
ered the whole truth of God's word, they felt themselves bound 
to teach and maintain it. Mr Cotton, of Boston, was often 
consulted on political subjects, and seems to have been ready 
always to give his advice, and exert his influence. He was 
requested to assist in preparing a code of laws for the colony ; 
and with the aid of Sir Henry Vane, while he was governor, a 
system was drawn up, but not published till several years 
after. Capital punishments were provided for many crimes ; 
and the levitical law was made the basis of the code. 

The first printing press in Massachusetts was put in opera- 
tion in Cambridge, in 1639. It was the property of the widow 
and heirs of Rev. Mr. Glover, who had been engaged by 
Governor Winslow, of Plymouth, for a religious teacher in that 
place. Glover died while preparing for, or on the passage 
from England, and the press was w T orked by one Day, for the 
benefit of his family. The press, soon after, passed into the 
hands of Samuel Greene ; and among the first books or pamph- 
lets printed, were an almanac for New England, and a metrical 
version of the Psalms of David. 

As the colonists had prepared no formal constitution of civil 
government, and the charter contained only general expressions 
of a grant of power to the company, it is not to be wondered,, 
that, for some time, there were disputes, as to the division and 
distribution of power, among the magistrates, and the people. 
The company was, indeed, organized in England ; for its 
members were too wise to attempt any acts of a corporation or 
society, without a compact, and some general rules and regula- 
tions. How they proceeded, for several years, after the first set- 
tlement of the colony, has been briefly narrated. For three 
years, the governor and assistants exercised both legislative 



44 HISTORY OF MASSACHUSETTS. 

and judicial authority ; the people using no power but that of 
the election of those rulers. In 1634, the people not only 
chose the assistants and the governor, but selected some of 
their number, in every town, to form a legislative assembly, in 
conjunction with the others. They soon assumed to control 
the assistants, by requiring them to yield to their wishes and 
proposals, and claimed authority to sit as a judicial tribunal. 
This was resisted, not only by the assistants, but by most of 
the clergy, and many others who were the most discreet char- 
acters among the laity. Notwithstanding the claims of the 
freemen, or of their deputies, rather, the small body of assistants 
with the governor had the power to give a negative to any bill 
from the house of representatives ; so that no law or order was 
perfect without their concurrence.* â–  It was also settled, that 
the representatives should have no power as a judicial tribunal, 
except in so far, as their own privileges were concerned, or to 
act on petitions for new trials.f 

While Vane was governor, there was a proposition for a 
standing or permanent council, to consist of the governor and 
two members of the board of assistants. Mr. Cotton favored 
the proposition ; probably from his great regard for Vane. No 
evil had resulted from this measure for three years. But it 
was not agreeable to all the deputies of the people ; and yet 
the only peculiar authority they possessed, was to act as an exec- 
utive body, when the board was not in session. The assistants 
yielded so far, as to explain, " that it was intended the standing 
council should be chosen from the assistants, and that no member 
of that council was to have power as a magistrate, unless also 
annually chosen into the board of assistants." The assistants 
took part, with the deputies, in all acts of legislation ; and they 
also constituted the courts of law ; though some discreet and 
intelligent men were appointed, in all the large towns, to act 
as justices or judges, in the origin of most disputes. 

Mr. Dudley, who had been governor one year, and generally, 
the deputy governor, was again elected chief magistrate in 1640 ; 
and Mr. Bellingham was chosen the deputy. Dudley was 
a man of great integrity and piety, but bigoted and intolerant 

* It would appear, by this dispute, that the board of assistants and the 
deputies set in separate apartments; but it was not till 1644, that they held 
their meetings in different rooms ; and yet it is evident that they must have , 
acted as two distinct bodies. 

t Lechford, who complained of the magistrates and clergy in Massachu- 
setts, in 1640, as severe and intolerant, says, " wiser men than they, going 
into a wilderness to set up a government different from that established in 
England, would probably have fallen into greater errors than they have 
done." 



HISTORY OF MASSACHUSETTS. 45 

in his theological views. Bellingham had a more cultivated 
mind, and much legal information ; but he, too, was rigid and 
exclusive in his opinions, according to the spirit of the times. 
Winthrop was passed by, not from any disesteem, or want of 
confidence of the people ; but to relieve him of the cares of 
government, and probably, in accordance with the republican 
maxim, of rotation in oilice. The towns were now restricted 
to two deputies, an order to that effect having been passed in 
1639. There were some objections to this restriction, but 
they were not available. 

The colony was not much increased this year, by emigration 
from England. The state of the kingdom was such, as to 
engage the attention of the opposers of arbitrary power, and to 
excite a hope that they should soon enjoy civil and religious 
liberty in their own country. The estimate of the number 
of people in Massachusetts, at this time, (or in 1641,) was 
21,000. The number of ships, in which they were transported, 
has been differently stated ; it could not have been less than 
two hundred, which would require only one hundred in a ship; 
and some brought a greater number. The condition of the 
colony was now very prosperous; and those who had known 
it in the first three or four years after the settlements began, 
called it the golden age of New England. The land was culti- 

DO O 

vated to advantage, cattle much increased, and were purchased 
at reduced prices. The people were industrious, and of great 
sobriety of manners. Produce was sent to the West Indies, and 
trade extended to the Wine Islands : fish, lumber, and furs, 
were the articles exported ; and the proceeds carried to England 
to purchase manufactures wanted in the colony. Protection 
was granted to the fisheries, by exemption from taxes, and 
military trainings. 

. In 1641, Mr. Bellingham was elected governor, and Mr. 
Endicot, the deputy. The same assistants, with few changes, 
were chosen for many years. It is an honorable record to the 
character of Bellingham, " that he was one who hated bribes." 
But this testimony was not given, to distinguish him from many 
others in this respect. None of the public men in the colony 
were then charged with dishonesty or selfishness. Winthrop 
always proved himself to be. upright and faithful, as well in 
public as private life. For some years, when the colony was 
small and poor, he had no salary granted for his support ; and 
it was the practice to make him, as well as the clergymen, 
presents. But he soon declined receiving them, through a 
fear, that he might possibly be influenced by them, in his offi- 
cial conduct. 



46 HISTORY OF MASSACHUSETTS. 

On account of regulations on trade, which extended to, or 
were particularly designed for the colonies, and which operated 
heavily on the merchants, agents were sent to England, to 
obtain relief. The friends of the crown were not disposed to 
favor the colonies, by remitting the customs or duties : but the 
parliament, then opposed to the measures of the king, were 
more ready to grant indulgence ; especially, as the settlements 
had been made without expense to the government of England, 
and the colonists were desirous of spreading the gospel among 
the heathen : another reason might be, that the political opin- 
ions of the rulers in Massachusetts were agreeable to most 
members of parliament. A resolve passed the House of Com- 
mons favorable to the petition from the colony, and granting 
an exemption from the former duties, which was transmitted 
to Governor Winthrop ; but it does not appear, that the House 
of Lords concurred in it. 

The north line of Massachusetts was ordered to be run, in 
1641, and the construction put on the words of the patent was 
such, that the river Merrimac was followed up to its source, 
and thence a line drawn easterly, which included all the north- 
ern and eastern part of New Hampshire, and part of Maine, 
within its jurisdiction. And thereupon, Portsmouth, Exeter, 
and Dover, put themselves under the government of Massachu- 
setts. This construction of the charter was decided, afterward, 
to be erroneous. 

The increase of the anti-episcopal party in England, led to 
a convocation or assembly of divines, at Westminster, in 1642, 
to agree on a creed and a form of church government. Rev. 
Messrs. Cotton, of Boston, Hooker, of Hartford, and Daven- 
port, of New Haven, were invited to attend as representatives 
of the churches in New England. Cotton and Davenport were 
disposed to accept the invitation, but Hooker declined ; and 
the others were persuaded from attending. Hooker was de- 
cidedly in favor of independency, or Congregationalism, and he 
feared that the presbyterian form of government might be 
adopted by the assembly in England. • 

Some serious disputes between the inhabitants of Hartford 
and New Haven, and the Dutch about Hudson River, together 
with the hostile movements and reported designs of the Narra- 
gansett and Niantick tribes of Indians, against the English, in- 
duced the four colonies of Massachusetts, Plymouth, Connecti- 
cut, and New Haven, (the two latter being then distinct juris- 
dictions,) to form a confederacy, in 1643, for mutual defence, 
and for the protection and defence of all. The people in 
Rhode Island were then in such an unsettled state, as not to 



HISTORY OF MASSACHUSETTS. 47 

be invited or allowed to belong to the union. A proposition 
was made, three years previously, for such a confederacy, by the 
people of Hartford ; and now the measure was adopted through 
the urgent request of that colony and New Haven, who were 
the most exposed, both to the Dutch and to the Indians. 
Massachusetts was reluctant in joining the confederation, as it 
felt able to protect itself; and as its authority and influence, in 
all matters, to be decided by'the united council thus formed, 
would be on a level with the other colonies, which were all far 
less populous and powerful. And in some of the proceedings, 
under the confederacy, complaints were made, " that Massachu- 
setts grasped at an undue share of power." This compact 
provided that every colony might have two commissioners in 
the general meetings, or congress ; and that the charges of war, 
and other expenses, for the protection of the whole, should be 
levied on the colonies according to their* respective population. 
In many emergencies which arose, this union was found bene- 
ficial ; and it served to keep up a spirit of harmony between 
all the English in New England. The meetings of the com- 

DO O 

missioners were held in rotation in each of the colonies thus 
united, and were continued, with little interruption, till 1686. 
The object was similar to that of a temporary congress in 1754, 
and of the more memorable one of 1774. The colonies 
respectively retained and exercised all the power of making 
internal laws and regulations, as before the union. At that 
period, Massachusetts contained about as many inhabitants as 
all the other colonies. It was to furnish one hundred men, in 
the event of a war ; and the others forty-five each. The settle- 
ments had been so much extended in Massachusetts, that the 
following year four counties were formed, viz. Suffolk, Essex, â–  
Middlesex, and Norfolk, which contained the towns on the 
north of Merrimac River. Besides Springfield, the inland 
towns settled, at this period, (1643) were Concord, Sudbury, 
Woburn, Dedham, and Reading. 



CHAPTER III. 



Treatment of the Indians — Gorton — Episcopalians — French in Acadie — 
Shipping — Militia — Slavery — Baptists and Quakers persecuted — Iron 
Works — Magistrates direct in Religion — Economy and Sobriety — Troubles 
in England — Synod — Publication of Laws — Witchcraft — Death of Gov. 
Winthrop — Maine — State of Plymouth Colony — Great Powers exercised 
by the Colony — Dispute with Connecticut about duties — Canada pro- 
poses an Alliance — Disputes in Great Britain — Gov. Winslow Agent — 
Dutch at New York troublesome — Mrs. Hibbins executed for a Witch — 
Maine — Trade of Massachusetts — Cromwell proposes a removal of the 
People of New England to Jamaica — Leverett Agent in England — Treat- 
ment of Quakers and Baptists — Government of England forbid their per- 
secution — Efforts to improve Indians — Ecclesiastical Affairs in hands of 
Magistrates as well as Clergy — Pynchon — Dr. Owen — Youth of Massa- 
chusetts — Number of Towns and Churches — Population — College. 

In the early disputes and wars with the Indian tribes, the 
government of Massachusetts was charged, in some instances, 
with severity" and injustice. The plea of the colony was, that 
it acted on the defensive ; and that it never adopted measures 
of hostility, but on proof of combinations forming against it, or 
repeated acts of savage cruelty. The union of the colonies 
was owing to similar considerations ; and the conduct of the 
confederated commissioners afforded a full vindication of the 
policy of Massachusetts. At the time this confederacy was 
formed, the Narragansett tribe, (with the Nianticks adjoining, 
and which was in subjection to it) the most formidable in New 
"England, after the conquest of the Pequots, discovered a dan- 
gerous spirit of enmity, both by conspiracies and overt acts of 
hostility. They made frequent attacks on the Mohegan tribe, 
which was in peace with the English, and which the colonies 
were bound to protect. Warnings and remonstrances had no 
effect on the Narragansett sachem. He sought to take the 
life of the Mohegan chief in secret ; and the latter afterwards 
challenged him to single combat, which was declined. During 
the contest, the sachem of Narragansett fell into the hands of 
the Mohegans; and after consulting the commissioners of the 
united colonies, was put to death by Uncas, the Mohegan 
chief. He had forfeited his life to Uncas, by the rules of 
Indian warfare. But it was made a question, whether the 
commissioners could be excused in advising or consenting to 
the act. By some writers it has been confidently asserted, 



HISTORY OF MASSACHUSETTS. 49 

that their conduct in this case, was altogether unjustifiable, 
while others have found an apology for it, in the repeated in- 
stances of treachery proved against the Narragansett chief, and 
in his attempts to take the life of the Mohegan sachem, who 
was under the protection of the English. It might savor of 
undue partiality, to justify the first and early settlers of New 
England in all the measures they pursued towards the natives 
of the country ; but their general character for justice, hu- 
manity and religion, will be a shield against the charge of any 
acts of deliberate cruelty or oppression. They were in a con- 
dition of imminent exposure from the savages, and the great 
law of nature would lead them to measures of protection and 
defence. Mr. Williams, of Providence, justified the united 
colonies for the war against the Narragansetts. 

The treatment of Samuel Gorton, who resided chiefly in 
Rhode Island, but was frequently in Massac husetts, a man of 
very fanatical and turbulent character, has also been severely 
censured. But he disregarded the lawful authority of the 
government, and endeavored to cast contempt on their institu- 
tions and forms of worship ; and also instigated the savage 
chief of Narragansett to acts of hostility towards other Indians 
under the protection of the colony. These petty sachems 
were, moreover, oppressed by Gorton and his adherents, and 
their lands taken by him, by fraud and injustice. His conduct 
was too extravagant and lawless to escape even the censures of 
the tolerent and indulgent people of Rhode Island. The rea- 
sons given by those in the government of Massachusetts, in the 
early and critical period of their settlement, for what has been 
considered unreasonable and severe treatment of a portion ol 
the Anabaptists and the Quakers, were, that the conduct, as 
well as the opinions, of these individuals and sects, was in de- 
fiance of legitimate authority, and that it tended not only to 
weaken the power of the church, but to disturb the public 
peace. They were punished and banished, not merely for the 
erroneous opinions they advanced, but for insubordination and 
disobedience, when in the colony, to the express orders of the 
â–  legislature. The confinement of Gorton may appear harsh and 
unnecessary, to those who consider the present state of opinion 
respecting fanatics or levelers ; but the extravagant tenets they 
advanced and published, were in derogation of the just authority 
of the civil government, and would have soon prostrated the 
religious institutions, which it cost so much to establish and 
maintain. In a society, very enlightened and long established, 
itfaay be good policy to permit the expression of all opinions, 
not of direct and immediate dangerous tendency ; but when 



50 HISTORY OF MASSACHUSETTS. 

opinions obviously tend to undermine the fundamental princi- 
ples of a community, and lead to misrule and disorder, it would 
be folly to tolerate them. In much later and more enlightened 
times, it has been considered necessary to punish the blas- 
phemer, and the active malignant infidel. 

Gorton went to England and complained of Massachusetts 
for severe treatment, and the government there listened so far. 
to his statement as to give directions, that he should be allowed 
to pass through their jurisdiction ; but the assistants were divid- 
ed in opinion, as to such indulgence to him, and the deputies 
were wholly opposed to it. He was not content with merely 
passing through the colony, but delayed his departure, in order 
to spread his obnoxious tenets, or to provoke the resentment of 
the government. The deputies and assistants joined in a remon- 
strance to the government of England against the order in favor 
of Gorton; and in their protest, while they recognised their 
dependence on the parent state, they contended for power, by 
their charter, to punish or banish all who were disturbers of the 
peace of the colony, and to make laws for the support of gov- 
ernment, as they had established it. 

Other troubles, growing out of religious opinions and forms, 
shortly after arose with the friends of episcopacy. There 
were a few attached to the liturgy and other forms of the Eng- 
lish established church, from the early settlement of the colony. 
But they were not allowed publicly to observe those forms of 
worship. They were considered by the puritans, as unscrip- 
tural and merely of human authority ; and therefore, in their opin- 
ion, not to be tolerated in the colony. When charged by these 
few adherents of the episcopal church, with intolerant, arbitrary 
conduct, they referred to their charter, and insisted that they 
had a right to forbid the forms of worship inconsistent with the 
ecclesiastical system which was approved by the company in 
Massachusetts, and for the support of which they had suffered 
so much in settling the country. The wisdom of this policy 
may be justly doubted, since particular forms and rites of 
religion are not essential to its spirit and tenor ; but the right 
in a legal view perhaps will not be denied ; and the toleration 
pleaded for would have been fatal to the design which they had 
in view. The error of the puritans consisted in assuming, 
that they had at last discovered the true meaning of revelation, 
in all things, and that it was their duty to allow no deviations 
from it. Governor Winslow, who was then in England, was 
employed by Massachusetts to defend the measures, of which 
both the fanatical Gorton, and the advocates of episcopacy 
complained. He prevented the evil which threatened the 



HISTORY OF MASSACHUSETTS. 51 

colony, by his zeal and fidelity; but the indignation of the 
ministry was visited on him personally. On this occasion, as 
well as others, a protest was made against sustaining appeals to 
the parent government, by individuals, from the decisions given 
in the colony against them. 

The general court of Massachusetts showed their abhorrence 
of the slave-trade in 1645, by ordering a Captain Smith to send 
back, at his own charge, some negroes, which he had brought 
to Piscataqua that year. It was proved that they had been 
taken by force or fraud on the coast of Guinea : and man-steal- 
idg was made a capital crime by a law passed in 1649. There 
were some instances of negro slavery, however, in the colony, 
at an early period, and even to the time of the revolution ; but 
they were few, and public sentiment appears to have been 
unfavorable to the practice. The slave-trade was never per- 
mitted by the government of Massachusetts. 

About this period, an unpleasant dispute with the French, 
at Penobscot and St. Johns, which had given alarm and trouble 
for some time, was amicably terminated. Endicot was then gov- 
ernor (1644) ; and the commissioners of the united colonies at 
their meeting, in 1645, confirmed the treaty. The difficulty 
began when Winthrop was governor, in 1643; and he was 
censured, at first, for favoring the claims of La Tour, a French- 
man, in that quarter, against his rival, Monsieur D'Aulney. 
But Governor Winthrop was afterwards justified for the course 
he had pursued. The people of Plymouth, and Massachusetts, 
and the French at the eastward of Kennebec, depredated on 
each other, at that period; and the termination of the contest 
was highly beneficial. The seizures and the losses were not 
very great, but were severely felt, when the colony was feeble, 
and its navigation and trade just beginning to expand. England 
was then so much engaged in its internal affairs, that the colony 
adjusted the dispute with the French settlements, of its own 
authority and choice, though it had the sanction of the com- 
missioners of the then New England colonies. D'Aulney was 
then in possession of Penobscot, and claimed as far as Pena- 
quid, a few leagues east of Kennebec. 

The advancing prosperity of the colony, and the enterprising 
spirit of the people, were witnessed, as by many other improve- 
ments, particularly by the introduction of iron works, which 
were established at Lynn and Braintree ; and by ship-building, 
which had much increased. A ship of four hundred tons was 
built in Boston, in 1645. There were, at this time, twenty-six 
military companies, making three large regiments. 

A period of tranquillity for several years, as to foreign nations 



52 HISTORY OF MASSACHUSETTS. 

and Indian tribes, now succeeded. Meanwhile difficulties arose 
within the colony, which required the exercise of wisdom and 
prudence in the rulers. Some new laws were enacted, which 
the situation of the colony was believed to demand ; ecclesias- 
tical affairs received the attention of the civil authority, as well 
as of the clergy ; the government of the church was regulated ; 
the magistrates claimed the right to be consulted in the settle- 
ment of ministers, and in cases of controversies in churches, and 
in some cases to decide as to the correctness of theological 
opinions; supposed heresy was condemned; and the Baptists 
and Quakers were mulct by heavy fines, and banished from 
the jurisdiction. It appears that great stress was laid on what 
was unimportant, both as to religious tenets and forms; but the 
manners of the people were generally sober and correct. And 
while much concern was manifested about speculative senti- 
ments, and the external forms of religion, which, in the opinion 
of enlightened men, are of little moment, a wise care was also 
displayed, by providing for the education of children of all 
classes in the colony. Intemperance was punished, and all 
excess and extravagance were discountenanced. Those in 
power were religious characters, and generally were examples 
to the common people, by their virtuous and sober conduct. 
Efforts were also made, at this period, to instruct the Indians 
in the knowledge of the gospel, at Newton, Stoughton, and 
afterwards, at Natick, by Mr. Elliot, ofRoxbury ; while May- 
hew was already laboring at the Vineyard, in the same benev- 
olent work. 

During the political disputes in England at this period, which 
so much excited the feelings of the people in that country, the 
colony of Massachusetts carefully avoided all interference ; and, 
with great prudence, warned the inhabitants from engaging 
either against the king or the parliament. No doubt they really 
wished success to the cause of liberty, but tbey did not feel 
obliged publicly to declare themselves against either party. 

In 1646, a synod was held at Cambridge, by recommenda- 
tion of the civil authority. This was the second in the 
colony ; the first was in 1637, and was called to consider the 
alarming prevalence of antinomianism and fanaticism. The 
synod in 1646, was for the purpose of settling some form of 
church government and discipline, and to prepare a confession 
of faith for all the churches in the country. There were 
various supposed heresies then beginning to prevail, which 
it was thought should be suppressed ; and some attempts were 
made to have a presbyteiian form of church government. 
The result, as to church government, was favorable to the 



HISTORY OF MASSACHUSETTS. 53 

congregational form, as already maintained in Massachusetts 
and Plymouth ; and the doctrines professed were such as the 
puritans had then long received. Ohjections were made to 
the manner of calling the synod, which was by order of the 
General Court. The court explained, " that they meant 
only to recommend or advise;'' and this explanation was 
satisfactory to those who were jealous of the interference of 
the civil power in ecclesiastical affairs. The synod did not 
finish its labors, and report, till 1648. 

The laws enacted, and in force in the colony, after having 
been carefully collated, and revised by committees of the 
General Court and several clergymen, were this year printed 
at Cambridge, for circulation among the people. An abstract 
of the fundamental laws of Massachusetts, prepared or collected 
by Rev. Mr. Cotton, and Governor Vane, in 1636, was .pub- 
lished in England in 1641 ; but it does not appear that they 
were printed by order of the colonial government.* 

The first instance of pretended witchcraft in the colony, 
which arrested the notice of the civil authority, was in 1648 ; 
when a Mrs. Jones was condemned and executed on a charge 
of that diabolical act. It is, truly, a subject of astonishment, 
that the belief of the black art should have prevailed with the 
learned men of that time ; and that such frivolous stories and 
circumstances should have been received as evidence. 

By the death of Governor Winthrop, in 1649, Massachusetts 
sustained a severe loss. He had been the principal character 
in the colony, from its first settlement in 1630. Alike firm 
and mild in his disposition, he was qualified to govern with 
decision and clemency. His was the popularity, which arises 
from the approbation of the intelligent and virtuous in the 
community ; but he never sought for popular applause by flat- 
tering a party, or forbearing to do what the public good required. 
Dudley succeeded him ; and he had the public confidence for 
his integrity and disinterestedness ; but he was less tolerant 
than Winthrop, and wanted somewhat of the prudence and 
discretion of that truly eminent man ; and Endicot, Belling- 
ham, and Bradstreet, still remained to assist in directing the 
public affairs of the colony. 

The colony of Plymouth, during several years, had slowly 

* There is some difficulty in deciding when the laws of Massachusetts 
were firs.t printed, as the earl}'- writers tfive different dates on the subject. 
It appears, that there were several orders for collecting' them for publication ; 
but that they were not printed till 1648, according to Johnson and Hutchin- 
son. Hubbard says in 1(354; and Minot, in 1658. Perhaps there were 
separate editions at these periods. Johnson oives the reason, "that they 
might be seen by all men.'' 

6 



54 HISTORY OF MASSACHUSETTS. 

advanced in population and wealth. They built some vessels 
in this time, and had trading houses on the Kennebec and on 
Connecticut. For many years, both the executive and legis- 
lative authority were in the hands of the governor and assist- 
ants. But now (1646,) a house of representatives was added 
to the legislative body, consisting of two from each town. 
This continued till the usurpation of Andros, in 1686. They 
were almost invariably on terms of amity and friendship with 
Massachusetts, of which they became a part in 1692. They 
were always ready to afford aid to each other; and friendly 
intercourse was dictated alike, by public interest, and sympa- 
thy in religious views. 

In the time of the commonwealth of England, Massachusetts 
had little concern, as to complaints for its exercise of political 
power to any extent ; and the maintenance of order and peace 
in the colony made it necessary for them to assume all the 
authority of a sovereign state. They had always made war 
and peace with the Indian tribes, without asking the sanction 
of England ; they had denied the right of appeal to that gov- 
ernment, and had enacted laws, which, if not directly repug- 
nant to those of the parent state, were of a very different 
character, and were obnoxious to those in power in the king- 
dom. They now coined money, for circulation, which had 
been considered an exclusive prerogative of sovereignty ; and 
which indicated no other authority over that of Massachusetts. 
The coin was issued for several years, but all bore the date of 
1652. But after the restoration of Charles II. this measure was 
enumerated in the catalogue of complaints against the colony. 

A misunderstanding arose between Massachusetts and Con- 
necticut, a few years after the confederation, in which the 
conduct of the former was generally censured. Connecticut 
had required a small duty or custom on goods carried out of 
the river, for the support of the fort at its mouth. Massachu- 
setts complained of this, particularly as it was a tax on their 
trade from Springfield. In revenge for this measure, Massa- 
chusetts demanded a duty of the vessels belonging to all the 
colonies trading with Boston. Plymouth and New Haven 
complained of this act, as oppressive and unjust; and in 1650, the 
order of Massachusetts was rescinded. At this period, Massa- 
chusetts was far the most able colony ; more powerful than all 
the others united. And in all associations of men, the strong- 
est has dictated, more or less, to the weaker. Ihe propor- 
tions of the sum of £1043, levied on the four colonies, for 
the benefit of all, were as follows, viz : Massachusetts, £670; 
Plymouth, £128; Connecticut, £140; and New Haven, 
£104. 



HISTORY OF MASSACHUSETTS. 55 

The subject of a treaty between Massachusetts and the 
French governor of Canada, was in agitation, in 1658. A 
proposition was made to the government of Canada two years 
before, for maintaining a mutual trade. â–  The French were 
so much pleased with the proposal, that they now expressed a 
desire to establish a treaty, not only to regulate trade between 
them, but for the purpose of an alliance with Massachusetts 
and Plymouth. The subject, affecting all New England, 
was referred by Massachusetts to the commissioners of the 
united colonies. The French were desirous of the aid of the 
English against the Mohawks, and the six other Indian tribes 
in their vicinity. And unless a treaty of alliance should be 
formed, they declined making any agreement respecting com- 
merce. The commissioners, though ready to enter into a 
friendly intercourse, as to trade, were not willing to agree, at 
that time, to the proposed alliance. 

The political disputes, and the internal wars of England, 
which were followed by the death of Charles I., who was 
beheaded in 1649, directed the attention of that government 
from the proceedings in the colonies, and prevented the plans 
which had been proposed for ruling them in an arbitrary man- 
ner without regard to the powers and rights secured to them 
by their charters. This state of the parent kingdom permit- 
ted them, for several years, to exercise all the powers which 
had been granted them ; and, in some respects, those powers 
were exceeded, and the authority of the king and parliament 
almost entirely disregarded. Still, they were in fear of the 
exertion of political power from the parent government ; and 
claims were often set up, though not put in force, inconsistent 
with the rights they contended for, and had assumed. 

Massachusetts was subject to alarm from the government of 
England, in the days of the commonwealth, as well as in the 
reign of Charles I. The parliament meditated a new charter 
for the colonies, and authorized the council of state to appoint 
governors over them. It was proposed, that warrants should 
be issued, and the courts held in the name of the parliament 
of England (or of a council by them appointed.) This was 
considered as prostrating the authority which the colony had a 
right to exercise ; and which it had exercised even in the life 
of Charles I. Massachusetts remonstrated against these pro- 
jected measures, through their agent, Mr. Winslow, of Ply- 
mouth, then in England, and pleaded the royal charter, which 
permitted them to have a governor and magistrates of their 
own choice, and laws of their own making, if not repugnant 
to those of England ; and that they had emigrated, settled, and 



56 HISTORY OF MASSACHUSETTS. 

maintained the colony, without cost to the parent state. They 
said "they were able enough to have lived in England, and 
had removed to a wilderness, to escape ecclesiastical persecu- 
tion ; and, if their hopes were now blasted, they should have 
cause to say, they had fallen on hard times, and must sit down 
and sigh out too late repentance for coming hither." The 
parliament did not then proceed any further in the meditated 
plan. In conformity with these views of a qualified indepen- 
dence, when there was war between England and Holland, in 
1652, they informed Cromwell, that they considered it their 
duty to remain at peace with the Dutch in America. Massa- 
chusetts chose, indeed, to call it an offensive war on the part 
of England ; and though the commissioners of the other colo- 
nies declared the causes for war sufficient, they insisted, that 
they were not bound, in such case, to observe their directions. 
In truth, this colony did not consider itself in danger from the 
Dutch, at that time. But the year following, when it was 
recommended by Cromwell, whose favor they wished to 
retain, to engage with the other colonies in the war on the 
Dutch, they made preparations for that purpose ; but peace 
soon took place between the two nations. The general court 
were careful to assert their rights, even in the order to author- 
ize the raising of troops at this time. They said, " that they 
desired to keep in grateful remembrance the Protector's favor- 
able regard to the colony, and should be always ready to 
attend to his Highness' pleasure, wherein they might, with 
safety to the liberty of their consciences, and the public peace 
and welfare." 

The chief reason, with the colonies of New England, for 
war against the Dutch near Hudson river, was their alleged 
instigation of the Indians against the English. The Dutch 
had great influence with the Narragansett and Niantick tribes, 
and with the Indians on Long Island; and these were often 
committing petty hostilities on the English settlements. Their 
depredations were such, that the commissioners of the four 
colonies concluded to send a military force to quell them. 
Major Willard was appointed to command. But his conduct 
was not marked by the energy or success expected, and he 
received the censure of the commissioners for his inefficiency. 
These two tribes were not sufficiently powerful, however, to 
put the colonies in great danger. Had the Dutch, as it was 
alleged they attempted, excited all the Indians in New Eng- 
land, and adjoining territories, to unite against the English, 
they might have entirely broken up the settlements. 

Another execution for witchcraft took place in 1655, to the 



HISTORY OF MASSACHUSETTS. 57 

great reproach of the judges and others of that period, and a 
lamentable instance of human weakness and credulity. Mrs. 
Hibbins, the widow of a very respectable character, who had 
been assistant, an agent for the colony to England, and an emi- 
nent merchant, was tried on the charge of being a witch ; was 
declared guilty and executed. Mr. Hibbins lost his estate, 
and left his wife poor. She did not bear this reverse of con- 
dition with due christian resignation, but became very queru- 
lous ; and her frequent complaints and repining habits rendered 
her an annoyance to her neighbors. It is strange, that even an 
excess of this unhappy temper, should have subjected her to 
the charge of witchcraft. But there was, in fact, no greater 
proof against her, unless conjectures and prejudices were allow- 
ed to be proofs. Her conviction led one to say, "that the 
charge was made because she had more wit and shrewdness 
than her neighbors." 

When the religious character and views of the early inhabit- 
ants of New England are duly considered, it will not be a mat- 
ter of surprise, that they discouraged luxury and extravagance 
publicly in every form. Governor Winthrop and others, his 
associates, set examples of sobriety and economy, which were 
long followed ; and all superfluity in dress was expressly dis- 
countenanced. In 1651, the general court passed sumptuary 
laws, and while they admitted the difficulty of legislating on the 
subject, they said they considered it their duty to recommend 
a sober and temperate use of riches. A law was also passed, 
in 1655. to encourage "the useful occupation of spinning." 

Several towns and settlements in Maine, and within the terri- 
tory claimed by Sir S. Gorges, were induced to put themselves 
under the jurisdiction of Massachusetts. Gorges and his friends 
complained that improper measures were adopted, by the 
rulers in that colony, to bring about this union. A portion 
of the people in Maine were willing to become united to 
the government of Massachusetts; but its proceedings, in this 
case, as in some others, did not escape the charge of being 
arbitrary and unjust. Afterwards, the commissioners of Charles 
II., in 1664-5, on complaint of Gorges' heirs, ordered Massa- 
chusetts to relinquish its claims ; but it continued its pretensions 
till 1691, when Maine was included in the new charter for the 
province. 

At this period, (1654-5) the navigation and trade of Massa- 
chusetts were in a prosperous condition. With all the diffi- 
culties the people had encountered, such were their enterprise 
and industry, they had extended their commerce; and their 
exports were so great that they could purchase, with the pro- 



58 HISTORY OF MASSACHUSETTS. 

ceeds, all that was necessary to their comfortable subsistence, 
and promotive of a gradual improvement. In the time of the 
commonwealth, and of Cromwell, acts of parliament were 
passed, regulating trade with and in the colonies. During the 
reign of Charles I., restrictions were imposed on the colonial 
trade, for the purposes of a revenue for England, which were 
oppressive, and justly considered a monopoly. In many 
respects, these regulations were rendered less oppressive, and 
some dispensations were granted for the relief of the colonies. 
Free trade was in a great measure allowed. The vessels of 
Massachusetts traded to Dutch, Spanish, and French ports. 
Its commerce was then the chief source of wealth. 

In 1656, the lord protector meditated the wild plan of re- 
moving the' inhabitants of New England to Ireland, or to 
Jamaica. This was as unaccountable a project, as any one 
planned by those who have suddenly risen to power in modern 
times. Perhaps the possession of great authority, unexpectedly 
obtained, intoxicates the mind, and naturally leads to impracti- 
cable and extravagant projects. But the people were too wise to 
listen to the proposal. They had become attached to the soil 
and climate, by a residence of twenty-six years ; and some 
were ready to suppose, that they would, in no other place, so 
fully enjoy their religious rights and principles. Mr. Leverett, 
then agent for the colony in England, and afterwards governor, 
satisfied the protector that such a project would not be favora- 
bly received ; and Cromwell forbore to urge it. Leverett was 
highly useful to the colony, at this period, in vindicating the 
character and conduct of its rulers, as to various complaints pre- 
ferred against them by their political enemies. Leverett be- 
lieved he had great influence with Cromwell ; others, of differ- 
ent views, boasted also of his favor towards them. If not a 
hypocrite, the protector could, certainly, flatter and dissemble. 
It is evident, however, that, for some reasons, whether it were 
esteem for Leverett, or real regard for the rulers of Massachu- 
setts, he was particularly favorable, in many instances, towards 
the colony. 

The conduct of the government of Massachusetts, in 1656, 
is justly liable to censure, for the severe treatment of the 
Quakers, who had then recently come into the jurisdiction. 
They were undoubtedly reprehensible, for their intrusion into 
the colony, without permission ; for their turbulent conduct to 
the governor and magistrates ; and for their profanation of the 
Lord's day and worship. It is to be remembered, also, that 
they were ordered to depart the jurisdiction, and not to visit it 
again. But after a legal banishment, and warning of the fate 



HISTORY OF MASSACHUSETTS. 59 

which awaited them, if they returned, they came again into the 
colony, and were highly disorderly, in opposing the authority of 
the rulers, and in disturbing and ridiculing the mode of worship 
observed by all the churches. Before their return, a severe 
law had been made against them. And when they again came 
and remained in the colony, and persevered in their disorderly 
behavior and gross heresy, as it was called, several of them 
were imprisoned, and two suffered death. No one will doubt 
that their conduct was highly reprehensible and imprudent ; and 
perhaps not the legal right of the government to banish them 
from their territory, purchased, defended, and maintained 
chiefly for the enjoyment of their own mode of worship ; but 
no justification can be found for the punishment of death, or of 
imprisonment. The Baptists were treated with almost equal 
severity ; and laws were enacted to banish or suppress them. 
A few years after, directions were given by the parent govern- 
ment, to forbear persecutions against the Quakers, and other 
sects, which had been so unjustly and cruelly treated ; and from 
regard to these instructions, as well as from their own maturer 
reflections, they refrained from such acts of severity. The 
Quakers and Baptists, being free from persecution, became 
more regular and correct in their deportment ; and were justly 
regarded with far more favorable sentiments by the rulers and 
the people. 

Though such conduct is not singular in the history of man, 
even among pious professors, it deserves severe rebuke ; as it 
is alike inconsistent with the spirit of the gospel and a wise 
policy in civil governments. And it is matter of surprise with 
enlightened men, that christians should ever so much mistake 
the genius of their religion. The charter declared, that there 
should always be liberty of conscience, in matters of religion. 
There was also an early ordinance of the assembly of Massa- 
chusetts, that all strangers, professing the christian religion, 
who should flee to the colony from the tyranny of their oppres- 
sors, should be succored at the public charge. But this seems 
to have been applied only to those of the same religion, faith, 
and modes of worship. Another order of a similar character 
was adopted in 1641, " that no injunction should be put on 
the churches, or members thereof, as to doctrine, worship, or 
discipline, besides the institution of the Lord." But this 
liberal decree was sadly disregarded, or misapplied. 

The efforts, which were made in 1646, to disseminate the 
knowledge of the gospel among the Indian tribes, were con- 
tinued, with great zeal, in various parts of the colony. Several 
clergymen devoted much time to this benevolent object; and 



6U HISTORY OF MASSACHUSETTS. 

eminent laymen gave their assistance to promote the design- 
By the influence of Governor Winslovv, of Plymouth colony, 
a society was formed in England, to further this good work. 
Rev. Mr. Eliot, of Roxbury, labored more abundantly than 
any other, except Mayhew, of the Vineyard. The result of 
their early labors gave promise of great success, which was 
never fullv realized. There were, indeed, many cases of faith 
and conformity to the gospel ; but after nearly thirty years of 
missionary service among them, Eliot lamented, "that it was 
a day of small things with them." It is difficult to pronounce 
whether this want of success were owing to the obstinate habits 
of the Indians, and their aversion to the manners of civilized 
society, or to the disputes among the professed disciples of 
Christ, and the immoral conduct of many who assumed the 
name, without the spirit of Christianity. Exertions have been 
also made in later times ; but with no greater success. The 
Indians of North America are more ready to imitate the vices 
than the virtues of those who call themselves christians. 

If the clergy, sometimes, gave their opinion and advice on 
political subjects, the magistrates and laymen considered it 
their duty to regulate, in some measure, ecclesiastical proceed- 
ings, and to provide for the order and peace of the churches. 
This will not create much surprise, when it is recollected, that 
they were all religious characters, and that one great object of 
the settlement was to enjoy the worship and ordinances pre- 
scribed in the gospel, as they interpreted it. And yet they 
constantly disclaimed such a close connexion between the 
church and state, as existed in England. It is not to be 
denied, however, that in many instances, their practice was 
not strictly conformable to their theory. An order of the 
general assembly provided, that in calling and settling a minis- 
ter, the approbation of some magistrate in the vicinity should 
be obtained, as well as that of the neighboring clergyman. 
And some cases occurred of the interference of the civil author- 
ity in the ordination and continuance of ministers, till satisfaction 
was given of the regular proceedings of the church and of the 
sound doctrines of the preacher. But it was soon found to be 
in vain, and worse than vain, to produce entire uniformity, as 
to articles of faith, or as to church government, and modes and 
forms of outward worship. Wherever there is freedom of 
inquiry on theological subjects, or as to the rites and forms of 
religion, there will be some differences of opinion. But as this 
diversity of sentiment is not really unfavorable to the peace of 
society, nor to christian piety, persecution must be condemned, 
and an attempt to have perfect agreement of opinion hopeless. 



HISTORY OF MASSACHUSETTS. 61 

Not only were different sects persecuted in Massachusetts, 
at this period, but individuals of the congregational churches 
were also censured for the expression of opinions at variance 
with the commonly received articles of faith. A member of a 
church was censured for his opinion, that the church of Rome* 
was really a christian church. Mr. Pynchon, one of the first 
settlers of the colony, long an assistant, and the founder of 
Springfield, was severely rebuked for publishing a tract, in 
which he contended, that the sufferings of our Lord were 
trials of his virtue and obedience, rather than a vicarious sacri- 
fice, according to the prevailing faith. He made a partial 
recantation of his error; and his treatise was ordered to be 
burnt. Afterwards, however, he explained his recantation: 
which showed that his sentiments were not materially changed. 
Mr. Pynchon was among the eminent men who contributed to 
the establishment of the colony. But whatever was supposed 
to be error or heresy, was sure to be visited with severe repri- 
mand, however distinguished the individual who broached it. 
The principle was truly republican, but the application, in 
cases of speculative opinions, was alike unchristian, and unrea- 
sonable.* 

The growth and condition of the colony, in 1655, about 
twenty-five years from the arrival of the large company with 
Winthrop, in 1630, may be in some good measure estimated, 
by a reference to the records and publications of that period. 
The number of incorporated towns were then forty-four or 
forty-five,t and of churches, forty-six, within the jurisdiction of 
Massachusetts, including, probably, a few in the territory, after- 
wards a part of New Hampshire. And in Plymouth colony, 
there were ten or eleven towns, and as many churches. The 
college at Cambridge was fostered by the government ; and at 
this period, in addition to former grants, two thousand acres of 
land were given to that seminary. Public schools, for the 

* It was observed by the celebrated Dr. Owen, about this period, " that he 
would not be a rival to the theologian, who could boast, that in fourteen 
years, he had not altered or improved his conceptions, touching some things 
in religion." This was said to one who was very positive and dogmatical, 
and who censured all fuither inquiry, or change of opinion after such exam- 
ination. 

The following declaration of an early and eminent settler in Massachusetts , 
will show the views entertained as to liberty of conscience. " Above all 
things, God has blest us, in giving us his own ordinances ; and our endeavor 
is to have his own institutions, and.none others; and these in their native 
simplicity, without any human dressings ; having liberty to enjoy all God's 
commands, and yet urged to nothing more than he commands." 

t Northampton and Hadley were settled in 1656, in consequence of some 
religious contentions in the churches at Hartford, and Windsor, in the 
jurisdiction of Connecticut. 
7 



62 HISTORY OF MASSACHUSETTS. 

education of youth of all classes, were also required by law ; 
and generally, the order was faithfully observed. A large 
majority of the inhabitants, as well as of the rulers and minis- 
ters, were fully convinced of the necessity of learning, to fit 
men to advocate the cause of religion, and to be useful and 
estimable citizens. 

After 1642, when a large number came from England, and 
settled in Massachusetts, the emigrations from the parent 
country were far less than informer years; and many left the 
colony to reside in their native country. A great portion of 
those educated at the college in Cambridge, during the period 
of 1642 and 1658, visited England, and there took up their 
residence. Several of these were eminent in that coun- 
try, as preachers of the gospel ; and most of them were perse- 
cuted and ejected from their churches under Charles II., in 
1662, and subsequently. 

The population of the colony could not have been less, at 
this period, than forty thousand. In 1641, it was estimated 
at twenty thousand and upwards. The natural increase, with 
the emigrations, though these were not so great as at a former 
period, would probably make the numbers double in fifteen 
years. The greater portion of the inhabitants were farmers. 
Fifteen thousand acres were then under cultivation, in the 
colony, for tillage and pasturage, and one thousand acres appro- 
priated to orchards. Grain was now exported, as well as lum- 
ber, spars, and fish. Hence a profitable trade was supported to 
foreign ports ; and the merchants became very opulent. 
And their enterprise and success could not fail to give employ- 
ment to various mechanics and artisans, whose individual and 
united labors served to increase the general prosperity. 



CHAPTER IV. 

Dudley Governor— His Death— Endicot, and Bellingham— Liberty in the 
Colony in danger, on the restoration of Charles II.— Policy of Massachu- 
setts — The' Regicides — Charges against the Colony— Agents sent to 
England — King's Letter and Requirements — Ecclesiastical Affairs- 
Baptism, Independence of Churches — Baptists oppressed — Chauncy Presi- 
dent of College— His Opinion on Baptism— Schools in Plymouth— Com- 
missioners from England, with great powers — Their Reception in Massa- 
chusetts—Letter to the King, and contend foj Charter Rights— Dispute 
with Commissioners — Treatment of Commissioners in Plymouth — Re- 
ligious Liberties — Commissioners in Maine — King dissatisfied, and 
orders Agents to appear before him — Bellingham, and Willoughby — 
Troubles in England— Trade and Navigation— Disputes in the Churches 
in Boston. 

After the decease of the very worthy and honorable Gov- 
ernor Winthrop, in 1649, Mr. Dudley, and Mr. Endicot, were, 
alternately, the first and second magistrates for some years ; but 
in 1653, Governor Dudley died, at an advanced age; and Mr. 
Bellingham, and Mr. Endicot, filled these high offices, for 
nearly twenty years ; Endicot, the greater number of years, 
during the first part of that period ; but, on his death, Belling- 
ham was governor for eight successive years, till Mr. Leverett 
was elected, in 1673. The education of Bellingham was supe- 
rior to that of Endicot ; but the latter was equally the favorite 
of the people, though very rigid in his religious views. He 
was well fitted for bold enterprise, and was, probably, more of 
^practical man than Bellingham. The character of the latter 
for stern integrity was his highest praise. 

On the restoration of Charles II. to the throne of his 
fathers in 1660, the colonies of New England were exposed 
to new dangers. They had reason to apprehend, from his 
political advisers, the exercise of arbitrary power, which would 
interfere with the rights secured to them by their charter, 
as they construed it, and with that degree of self government, 
which they had hitherto, generally, enjoyed. Attempts had 
been often made, indeed, before that period, to deprive them 
of the political power derived from that instrument. But, 
from various causes, these designs had proved, in a great 
measure, ineffectual. They had been exposed to the in- 
trigues of personal and political enemies ; but by the vigilance 
of the government and the ability and fidelity of their agents 
in England, aided by some able friends in that country, they 



64 HISTORY OF MASSACHUSETTS. 

had maintained, with some occasional interruptions, their civil 
and religious rights, to the fullest extent. They had even 
exercised a higher political authority, on some occasions, 
than the royal charter intended, or clearly granted : and yet 
they always referred to this instrument, in connexion with 
their rights as British subjects, in justification of their proceed- 
ings. Thus there was almost a constant effort, by the parent 
government, to keep the colony of Massachusetts in due sub- 
jection ; and by the rulers of the colony to extend their civil 
powers, under the sanction of the royal charter. 

The disputes in England, for several years, between politi- 
cal parties there, prevented that degree of attention and 
legislation over the colonies, which, no doubt, would other- 
wise have been extended to them. Neither the political 
sentiments of the king and his ministers, nor the interested 
designs of parliament, the chief object of which were the 
strength and wealth of the whole kingdom, permit the sup- 
position, that Massachusetts and the other colonies in New 
England would have been allowed the exercise of the powers 
they claimed and assumed, but that affairs of state in England 
demanded constant attention. For the latter part of the 
reign of Charles I. from 1645 to 1650, the parent govern- 
ment was engaged in maintaining its own immediate powers, 
against the efforts of those who would limit and restrain them. 
The protector possessed great energy of character ; and it was 
his object to raise both the glory and the terror of the com- 
monwealth. For this purpose, he was disposed to keep the 
colonies in due subjection, and to preserve the unity and 
strength of the whole nation. On some occasions, he mani- 
fested a disposition to legislate for the colonies, as much as 
Charles had done. But from motives of policy and reasons 
of state, he did not proceed to recall their charters, or to limit 
their former powers. When the government reverted to the 
Stuart dynasty, the people of Massachusetts, and of the 
neighboring colonies who had similar views of their charter 
rights, had too much discernment not to fear the exercise 
of power in the government of England over them, which 
might be highly injurious to their liberties. They understood 
the doctrines of legitimacy and the claims of unlimited power 
by the friends of the Stuart family too well, to expect the 
continuance of their charter rights and privileges, to their full 
extent, without a struggle. In this critical situation, they took 
counsel of prudence and of their better judgment ; resolving, 
however, if possible, to maintain their freedom to the last. 
Whatever were tlieir private wishes and feelings, they had 



HISTORY OF MASSACHUSETTS. 65 

forborne to exult publicly, at the defeat of the king, or the 
elevation of Cromwell. They manifested towards the pro- 
tector none other than proper respect for the chief ruler of 
the nation ; and when his son came into power, they declined 
or omitted to recognise him by any formal act. But as soon 
as it was known that Charles II. was restored to the throne, 
they proclaimed him as their rightful sovereign. This, how- 
ever, was done with apparent caution, and not until they had 
official notice of the fact ; for, as before stated, they had just 
cause, from the conduct of his father, to anticipate the heavy 
hand of arbitrary power. 

After Charles II. was quietly seated on the throne, by 
advice of their able and prudent agent, Mr. Leverett, then in 
England, the General Court forwarded a respectful address to 
the king and parliament. It was towards the close of 1660, 
that the measure was adopted. At a meeting in June, when 
it was proposed, on the first report of his restoration to the 
crown, the motion did not prevail; a proof, either of reluc- 
tance in acknowledging him, or of doubt as to the continuance 
of his royal power. 

The views of the leading characters in Massachusetts, as to 
their civil and political powers, not only at that particular 
juncture, but for a long period both before and after that 
event, will fully appear, by referring to a declaration of the 
general assembly, solemnly made and published in June 
1661 ; being the report of a large committee of that body, 
appointed ' to consider matters of public concernment, as to 
our patent, laws and privileges, as well as our duties to the king.' 
The report stated, that they considered the patent, under God, 
as the foundation of their civil polity here, by a governor, 
assistants and their representatives ; and that the government, 
so organized, should appoint civil and judicial officers, and define 
their powers and duties ; that it bad just authority to make 
laws for the direction and control of the people, both in 
civil and ecclesiastical affairs, without appeals to England, 
except as to such as should be alleged to be repugnant to the 
laws of parliament ; that it had a right and was bound to 
provide for the defence and welfare of the colony, and the 
due execution of the laws ; and that all impositions pre- 
judicial to the colony and contravening just laws here made, 
were an infringement of their rights. At the same time, 
they acknowledged it to be their duty and their purpose to 
uphold the royal authority, and to seek the prosperity of the 
whole kingdom ; to refuse aid and protection to the enemies 
of the crown, and to spread the knowledge of the gospel 
among the heathens, according to the doctrines of Jesus Christ. 



G6 HISTORY OF MASSACHUSETTS. 

Soon after this address and declaration, two persons 
who composed the tribunal by which Charles I. was con- 
demned, came into Massachusetts ; and at first were treated 
with attention and respect by Governor Endicot ; but when 
the proclamation of the king, for their arrest, was received, 
it was soon published in the colony, and attempts were made 
to apprehend them. They fled, or were secreted ; and 
afterwards were kept in private places by their friends, both 
in Massachusetts and Connecticut ; and thus escaped public 
execution, as murderers of their king. 

Endicot and Bellingham were in office, at the time ; and 
neither, probably, made greater efforts to apprehend the 
regicides than their stations as magistrates required of them. 
Both these characters were obnoxious to the king and his 
ministers, for their republican principles ; and it was even 
intimated, by some of the king's council, that it would be 
agreeable to his majesty, if Endicot were left out of the high 
place in the government, which he then held. 

Soon after, orders were received from the king, for the colony 
to answer to complaints which were made against its proceed- 
ings during several years then passed. Among these were 
charges of intolerance towards the episcopalians in the colony, 
and of severe persecutions against the sect of Quakers. A 
general charge was also preferred, of exercising powers of gov- 
ernment not warranted by the charter, and of unjust, interfer- 
ence with the people settled on lands claimed by Mason and 
Gorges, in New Hampshire and Maine. Two agents were 
appointed by the general court, for the purpose of defending 
the colony from these weighty accusations. These were Hon. 
Simon Bradstreet, and Rev. John Norton, who were instruct- 
ed to assure the king of the loyalty, both of the people and 
the magistrates ; to plead for the continuance of their civil 
rights ; to answer complaints which might be made against 
the late proceedings in the colony ; but to do or consent to 
nothing prejudicial to their charter privileges. 

The agents met with a more favorable and gracious recep- 
tion in England than had been feared ; and on their return, 
were bearers of a letter from the king, which, in some points, 
was satisfactory to the people ; but, on others, was not of a 
character to allay their apprehensions as to the future. In 
this letter, the king promised to confirm their charter, and to 
continue to them the rights and privileges which it granted ; 
but he also declared his expectation and desire, that the epis- 
copalians in the colony should enjoy perfect toleration in their 
mode of worship, and that they would refrain from all mea- 



HISTORY OF MASSACHUSETTS. 67 

sures of severity against the Quakers. He condemned their 
conduct, as it was represented to him, but disapproved of the 
cruel persecutions which had been exercised upon them. It 
was further signified to be his royal pleasure, that the laws of 
the colony should be revised, and that such as were derogatory 
to his authority should be repealed; that an oath of allegiance 
to him should be taken ; that justice should be administered 
in his name; and all men of honest and moral deportment 
should have the privilege of the ordinances of the gospel. 
To most of these directions, the general court voted to submit, 
probably, with some misgivings ; but they expressly claimed 
the right to regulate all ecclesiastical affairs, and to decide as 
to the worship and discipline of the churches. For the mainte- 
nance of the faith and worship, and the church government, 
which they had done and suffered so much to enjoy, they 
boldly contended ; it was a peculiar privilege, which they re- 
solved never to forego or relinquish. 

Under all the political contests of the colony with the parent 
government, which occupied the attention of the people, the 
concerns of the church were not disregarded. And it was to 
be expected that peculiar care would be bestowed in regulating 
religious worship and ordinances, by men whose chief object 
was the maintenance of christian faith and rites, as they be- 
lieved revelation directed. Undoubtedly, they erred in requir- 
ing every one to conform to their peculiar views, and it may 
be matter of surprise, that they should have oppressed those 
who dissented from their opinions, as to forms of worship 
and speculative tenets ; but as their principal purpose was to 
make the gospel their rule of life, and to build up a society of 
christians, it was in character for them to be careful in pre- 
venting the introduction of supposed errors, and in providing 
for the purity of the church. 

In 1662 a synod was convened at Boston, to decide who 
were proper subjects of christian baptism; and whether any 
children, except those whose parents were members of the 
church, were entitled to receive that ordinance; and also to 
determine on the propriety or expediency of a consociation of 
churches. The professed design was to inquire what the New 
Testament taught on these subjects. This was the third synod 
in Massachusetts ; and it was held in pursuance of a recom- 
mendation of the general court, to which the result was to be 
reported. It was decided, but not without some dissenting 
votes, that the children of those who made public profession 
of their faith in the gospel, and were of sober life and conver- 



68 HISTORY OF MASSACHUSETTS. 

sation, though not members of a church in full communion, 
might receive christian baptism. This was a subject of dispute 
for several years after; many of the ministers opposed the 
innovation, as they called it ; and in some instances it was the 
occasion of a division of churches. On the other subject submit- 
ted, the synod gave the following opinion : " that each and every 
church has full power within itself, to administer the ordi- 
nances, and to regulate its own concerns, and is not necessarily 
subject to any other ecclesiastical tribunal ; yet, that occasional 
association of neighboring churches, and advice asked and 
given, in cases of difficulty, would be proper and useful." 

At this period, a church was formed by the Anabaptists ; 
but as this movement was in opposition to a law of the colony, 
the members were summoned before the magistrates, and for- 
bidden to proceed in establishing such a church within the 
jurisdiction. Persevering in their purpose, some of them were 
imprisoned and some banished. But the government of Eng- 
land soon after requiring a toleration of other sects than the 
congregational, the baptists were then permitted to remain, 
without direct persecution ; and yet their situation, for many 
years after, was little other than that of positive oppression by 
the civil authority. This conduct appears the more surprising, 
on recollecting that the most eminent clergymen in the colony 
had different views on the subject, from the early days of its 
settlement. The learned Mr. Chauncey, president of Harvard 
College at this period, was of opinion, baptism should be by im- 
mersion, though he held to the validity of infant baptism ; and 
Mr. Dunster, who was at the head of that seminary before Mr. 
Chauncey, and equally eminent as a scholar, did not believe 
there was any scripture warrant for baptizing infants. His 
opinion on this subject operated, indeed, against his popularity 
and usefulness, but did not subject him to actual persecution. 

More efficient measures were adopted by the colony of Ply- 
mouth, in 1663, than had been before taken, for the mainten- 
ance of public schools in all the towns within the jurisdiction. 
Governor Prence exerted all his personal and official influence 
in favor of this order. His education was not the most liberal ; 
but he had the merit of acquiring much useful knowledge, and 
he justly appreciated the advantages of schools for all classes of 
people. Perhaps he exerted a greater influence in favor of 
education, as some fanatical individuals in the colony, at that 
period, denied the benefit of all human learning, and substituted 
a pretended spiritual light, as a sufficient and sure guide. 

Rev. Mr. Eliot, of Roxbury, the zealous and devoted teacher 
of the native Indians, this year, completed his translation of the 






HISTORY OF MASSACHUSETTS. 69 

Bible into their language ; which was soon after printed and 
circulated, at the expense of the society in London, for propa- 
gating the gospel among the aboriginal tribes in New England. 

The colony had alarming proofs of the activity of its enemies, 
and of the disposition of the parent state to interfere with its 
concerns, in a degree not compatible with their charter rights, 
by the arrival of four commissioners, appointed by the king, in 
1664, with a supervising power over the colonial governments. 
One professed object, indeed, was to obtain aid from Massachu- 
setts to reduce the Dutch, on Hudson River; but they were 
authorized "to hear and determine any and all complaints, 
whether relating to titles and claims for lands, to ecclesiastical 
discipline, or to an undue assumption of power in ordinary civil 
affairs," which the discontented and factious might profer; and 
to decide according to their own will and judgment, in op- 
position to the judicial and legislative authority in the colony. 
This was justly considered to be in derogation of the powers of 
the government recognised and provided for in the charter, 
which the king had, only two years before, declared he would 
confirm and continue. 

The governor and assistants (or counsellors) held a meeting 
immediately, and concluded to call an extra session of the 
general court. The men required were raised, to go against 
the Dutch ; but not being afterwards called for by the con»- 
missioners, they did not proceed on the proposed expedition. 
It was also ordered, in compliance with the royal request, that 
other than church members should be admitted freemen 
in the colony. As to the other requisitions of the royal com- 
missioners, especially in submitting themselves to their judg- 
ment and sentence, and thus recognising in them a power 
superior to the civil authority of the colony, they voted to post- 
pone a definite answer. They saw the effect of such a recog- 
nition and submission, dangerous alike to their religious and 
civil rights ; and they chose even to risk the displeasure of the 
king, whose ultimate authority they did not deny, to an act 
which would have entirely committed all their civil rights, as a 
government, for the future. It was a bol ? dtand, and many of 
the more prudent, or timid, disapproved of it. 

The commissioners departed for the Dutch settlement on 
the Hudson, and did not return to Massachusetts till the next 
spring. But in the mean time, the general court forwarded an 
address to the king ; in which they referred to their great 
sufferings in settling the colony and maintaining it, at their own 
costs; to the provisions of their charter, which they feared 
would be violated by those appointed to decide on past acts of 



70 HISTORY OF MASSACHUSETTS. 

the government, according to their own mere will and pleasure, 
one of whom, at least, was an old and avowed enemy of the 
colony. They stated the incompatibility of the authority, 
claimed by the commissioners, with the powers granted the 
Massachusetts company by the royal charter. In the address, 
they professed allegiance to the crown of England, and humbly 
cast themselves on the king's grace for a favorable judgment. 

On their return to Boston, the commissioners requested that 
all the freeholders in the colony should be summoned to 
assemble before them, which was declined, though no order 
of the general court or of the assistants was issued to forbid it. 
An order was then issued by the commissioners themselves, 
for the people to assemble, which was generally considered an 
arbitrary and impolitic measure. In other respects, some of 
the commissioners were rude and haughty in their treatment of 
the magistrates. 

This commission grew out of numerous complaints against the 
colony, some of which probably were just: but the measure 
was unfortunate ; and an order for agents from the colony 
to answer complaints, before the king and his grand council in 
England, would have given less offence, and been more consis- 
tent with the character of a liberal government. It was an 
observation of Lord Bellamont, in 1699, who was some time 
governor of Massachusetts and of New York, " that he had 
great respect for the king's prerogative, but wished for some 
check to the caprice of his agents and officers ; some of whom 
were presumptuous in disregarding the laws, and governing in 
an arbitrary manner ; being far from the eye of the government 
in England, they feel sure of impunity for their oppressions. " 

These commissioners, with the exception of Col. Nichols, 
manifested such an arbitrary and overbearing spirit, that they 
were very odious to the people, who considered them as the 
friends of the complainants, and decided enemies to the liberties 
they enjoyed under the charter. Had the colony submitted to 
the full exercise of powers assumed by the royal agents, the 
government would have retained but the shadow of authority, 
and it would have been extremely difficult, if not impossible, 
at any future period, to have opposed successfully the most 
oppressive and arbitrary measures of the British ministry. The 
smaller colonies looked to Massachusetts to make a firm stand, 
in that day of trial. Still, if in declining to comply with the 
requisitions, and to submit to the authority of the royal commis- 
sioners, they had not been prudent and moderate in their pro- 
ceeding?, and loyal in their addresses to the king, in which 
they were undoubtedly sincere, they might have been crushed 



HISTORY OF MASSACHUSETTS. 71 

at once by a superior force, which the royal resentment would 
have ordered. In Plymouth colony, the commissioners were 
more submissively received, whether they were more concilia- 
ting in their conduct, or the complaints against that government 
had been few, and not of such a serious natdfe as those made 
against Massachusetts, does not appear. Pernaps, both these 
causes had an influence ; but Endicot was a very different 
character from Prence, at that time governor of Plymouth. 
Josiah Winslow, afterwards governor of that colony, was then 
one of the chief men, and was remarkably mild and courteous 
in his manners.* 

From Plymouth, the commissioners proceeded to the Narra- 
gansett country, to decide on the conflicting claims of individu- 
als, and of the Indians, to the lands in that place; and then 
again visited Massachusetts, when they declared their purpose 
to proceed in the discharge of the duties of their commission in 
that colony. They said the king was graciously disposed 
towards the colonies, and declared that he had no intention to 
abridge the rights and privileges granted by the charter of his 
royal father. Their statements, both of the views of the king 
and of themselves, as his agents, were plausible, and to some, 
satisfactory ; but by a large majority of the people, their demands 
were considered incompatible with the exercise of political 

* That Plymouth was discriminating and firm on this occasion, will 
appear from the reply of the General Assembly of that colony to the requi- 
sition of the commissioners, " that all persons of competent estate, of ortho- 
dox opinions, and not scandalous in their life and conversation, be admitted 
into the church, and enjoy all the ordinances of the gospel." "We 
acknowledge, (they say) that it is a great favor from God and our king, that 
we enjoy our consciences as to God's worship, which was the main end of 
transplanting ourselves into these remote corners of the earth ; and should 
heartily rejoice if our neighbors, qualified as proposed, would join our socie- 
ties, according to the order of the gospel, for the enjoyment of the ordinances 
to themselves and children ; but, if, through different persuasions in some 
things, it cannot be obtained, we would not den}- a liberty to any, according 
to your proposition, who are truly conscientious, though differing from us, 
(especially when his majesty commands it) they maintaining an able 
ministry for public worship and teaching, and withdraw not from paying 
their due proportion for support of ministers, orderly settled, where they 
live, till they have one of their own; and that in such places as are able to 
maintain the worship of God in two congregations : but that, where towns, 
owing to their paucity and poverty, are not able to support two, it is not 
intended by his majesty, that congregations already in being, should be rooted 
out, but their liberties preserved ; there being other places to accommodate 
men of different persuasions in societies by themselves, which we find 
tends most to peace and charity." 

These are just and liberal sentiments, which have, in later times, been 
more fully admitted and observed. Plymouth was never so exclusive and 
persecuting as Massachusetts ; but it suffered from fanatical and visionary 
men, who created divisions, and denied the importance of human learning 
in the preachers of the gospel. 



72 HISTORY OF MASSACHUSETTS. 

power, to the extent hitherto enjoyed, and believed to be 
secured by their charter. They treated the governor and 
assistants, and the members of the general court, as entirely 
subordinate, and amenable to them for their conduct, touching 
which any comMaints had been made. They ordered a rehear- 
ing of some cases, before decided in the colony by the proper 
tribunals ; and summoned the whole government to appear 
before them, and answer on their public measures, alleged to 
have been arbitrary and unjust. After consenting to take the 
oath of allegiance to the king, as required, which public char- 
acters did, with a reservation by some, that it was not to infringe 
the liberties of the patent, and professing their readiness to refer 
all disputes to the king, as to their assumption of power and 
former acts, they declined to appear before the commissioners 
when summoned, as parties to a case before them ; they object- 
ed to all interference with their religious institutions ; and insist- 
ed that their charter justified them in the exercise of the civil 
authority, which they had assumed ; and said they would cast 
themselves on God, and the royal clemency, for a favorable 
result. 

One of the charges made to the king, in 1661, was, that 
they did not allow the Episcopalians to enjoy their peculiar 
forms of worship; to which they replied, "we have declared 
the main ends of our settling in a wilderness ; which we should not 
have done, if we could have found a warrant in God's word, 
for that way of worship; and now to have the same set up here, 
will disturb our peace ; we have therefore commended to the 
ministers and people the word of God for their rule." And 
they added, "it is our desire, and has been our endeavor, to 
give his majesty all due satisfaction, saving only our duty to 
God, and the privileges of our charter, so dearly purchased, so 
long enjoyed, and so graciously confirmed by his majesty." 

The commissioners, afterwards, visited Piscataqua, and 
Maine, where their conduct seemed rather to disturb than to 
tranquillize the people ; and though they declared the planta- 
tions there to be out of the jurisdiction of Massachusetts, the 
inhabitants chose to attach themselves again to that colony ; 
not, however, without objections from some of them, and the 
influence of threats or intrigues from the general court. 

On their return to England, the commissioners made report 
to the king, of the treatment which they received in Massachu- 
setts, and took care to observe, -that in Plymouth colony they 
met a more respectful reception. His majesty was much 
displeased that Massachusetts did not fully submit to the author- 
ity and requisitions of his agents ; and ordered "five able and 



HISTORY OF MASSACHUSETTS. 73 

meet persons, of whom Governor Bellinghain should be one, 
(on their allegiance,) to appear before his royal presence, and 
make answer for refusing the authority of his commissioners." 
This order caused great anxiety, and gave rise to much discus- 
sion among the public and leading characters in the colony. 
Some were disposed to yield entirely, and at once, to the royal 
clemency, and pleaded the danger of greater evils if they refused 
a prompt compliance. Others insisted on their charter rights, 
at the same time admitting the prerogatives of the crown, but 
doubting the policy of appeals either to the parliament, or to 
the ministers of the king. 

No agents were sent, as the king had signified his pleasure 
to be ; but an answer was made to his majesty's letter, in which 
they promise to assist, according to their feeble means, both 
against the French and the Dutch ; but to march troops to 
Nova Scotia was not practicable ; they give the reasons why 
they could not submit to all the orders of the commissioners ; 
and say, that no agents they could send, would be able to ex- 
plain their conduct more fully before his majesty. 

It is difficult to decide, whether those who were for 
submission, without remonstrance, were too timid, or those 
who asserted their civil rights and powers, as declared by the 
charter, were too bold and obstinate. It is not unreasonable 
to suppose, however, that if the counsels of the timid, or the 
more prudent, as they have sometimes been called, had pre- 
vailed, the manly spirit of freedom, which was subsequently 
more fully displayed, would have been smothered, never again 
to burst forth in noble acts of patriotism and independence. 

The men who took the lead in defence of civil freedom, and 
of the rights of human nature, .at this period, were not fanatical, 
ignorant, or selfish. They did not expect to live in society with- 
out government ; nor did they aim at political aggrandizement. 
They were too well informed to look for order and justice in 
the community, without civil authority ; and they were so truly 
religious, that they would not complain of power in others, 
which they would willingly exercise themselves. It was, in- 
deed, the influence of christian principles, and the strict moral 
discipline under which they had been educated by pious parents, 
which disposed and fitted them to be the able but temperate 
advocates of political freedom. 

From 1665 to 1670, Mr. Bellingham was elected governor, 
and Francis Willoughby lieutenant governor. They were both 
men of education and talents ; and their public conduct, at 
once correct and popular. They were opposed to the English 
hierarchy,, and firmly attached to the cause and interests of the 



74 HISTORY OF MASSACHUSETTS. 

puritan dissenters. Bellingham was the most eminent, for his 
legal knowledge, as well as stern integrity ; but what has been 
recorded of Willoughby affords proof, also, of his worth. He 
was opposed to the severe treatment ol the Baptists, but was a 
rigid puritan. He did not arrive in the colony so early as 
Bellingham by several years. 

Difficulties had often occurred from claims set up, and the 
grants obtained of lands, at Piscataqua River, and further east- 
ward, in Maine, and from the measures pursued, particularly 
by Sir F. Gorges and Mr. Mason, to settle and govern those 
parts of the country. Those about Piscataqua, and some set- 
tlements in Maine, chose, or consented, to be united to the 
jurisdiction of Massachusetts. The royal commissioners under- 
took, in 1665, to separate the settlements in Maine, at the 
request of a portion of the inhabitants ; and they withdrew from 
their connexion with the colony. Much disorder and trouble 
ensued. In 1668, the general court of Massachusetts again 
assumed authority over those settlements, being chiefly in what 
was called the county of Yorkshire; not, however, without 
sending agents to learn the state and disposition of the people 
there, nor without previous application from many of the in- 
habitants of that territory, for such a union. 

That the report of the royal commissioners to the king, of 
the opposition of Massachusetts to his and their authority, was 
not immediately followed by severe measures, on the part of 
the parent government, was probably owing to the difficulties 
which then existed in England, w r here political disputes were 
maintained between the friends and opponents of arbitrary 
power, with almost as much bitterness as in the latter days of 
Charles I. 

At this period, the colony was in a state of uncommon pros- 
perity. Its population, navigation, and wealth, had rapidly 
increased. The number of militia were estimated at 4,500 ; 
trade to foreign ports, to the West Indies, to Spain, and Portu- 
gal, and to the Western Isles, was extended, and gave great 
profits to the merchants. There were one hundred and thirty- 
two vessels, of various sizes, in the colony. Severe laws had 
been enacted, or revived, imposing restrictions on the trade of 
the colony, and requiring high duties ; but there was then no 
regular officer of the customs, and the laws were generally 
evaded. The fisheries and the lumber trade were the most 
lucrative. 

In this state of worldly prosperity, and temporary exemption 
from disputes with the parent government, an excitement arose 
and agitated the legislature, the clergy, and the people generally, 



HISTORY OF MASSACHUSETTS. 75 

occasioned by the formation of a new church in Boston. The 
settlement of Mr. Davenport, of New Haven, in the first church 
in Boston, was, for various reasons, opposed by a very large 
minority, who afterwards separated and formed another church. 
The chief objections to Mr. Davenport were his leaving his 
people at New Haven, without their full consent, and his rigid 
notions in refusing baptism to children, except those whose 
parents were members of the church. For this opposition to 
Mr. Davenport, and for separating from the first church, the 
seceders were censured by many, and the general court 
solemnly condemned them ; while a large number of the clergy 
publicly disapproved of the conduct of the first church, and of 
Mr. Davenport. The interest taken in the dispute was so 
great, that it had an influence on the subsequent elections of 
representatives; and the result 'was that the majority in the 
next assembly was opposed to the vote of censure before passed. 
The magistrates and legislators, then, and from the earliest days 
of the colony, claimed to have a voice in ecclesiastical affairs ; 
and their decisions, perhaps, were sometimes made under the 
influence of political and party motives. Such has often been 
the conduct of men in power, both in ancient and modern 
times. 



CHAPTER V. 



War with Philip — He meditates the destruction of the English — War de- 
fensive on part of the English — Plymouth Colony most exposed — United 
Colonies raise Troops — Battle at Narragansett — War continued to 1676 — 
Character of Philip. -Col. Church-Death of Philip — Difficulties with Gov- 
ernment of England — Claims of Gorges and Mason — Leverett, Bradstreet, 
Dudley, and Dan forth — Claims of Power — Regulations of Trade — Ran- 
dolph — Agents to England — Charter vacated, and Dudley appointed Presi- 
dent — Andros arbitrary and oppressive- — His Council — J. Mather Agent 
to England — Arrest of Andros and Randolph — Revolution — New Chaiter 
— Sir William Phipps — Expedition to Nova Scotia, and to Quebec — 
Failure — Expenses — Paper Money — Difference of New and Old Charters 
— Sir William Phipps first Governor — His Character. 

In 1675 began the formidable war with Philip, sachem of 
the Pokanokett tribe, in the Plymouth patent. Before this 
period, even from the expedition against the Pequots, there 
had been no hostile attempts by the native Indians, which 
excited general or very serious alarm. Massasoit, the father 
of Philip, was always friendly to the English, and so was 
Chikataubut, of Massachusetts, and his son. The other tribes 
were too small to venture any attacks on the English, whatever 
might have been their secret wishes. And many of these 
were evidently friendly to the colony, through the influence of 
Eliot, and other missionaries. 

Philip had, indeed, been often found complaining of the 
English, before this period ; and was known to have en- 
deavored to excite the jealousy and hatred of other Indians 
against them. He had visited distant tribes for the purpose 
of forming a union among them, the whole force of which 
should be employed to extirpate the white men, who had 
obtruded themselves on the soil. He could complain how- 
ever of no particular act of injustice or oppression ; for the 
lands occupied by the English had been fairly purchased of 
the Indian chiefs, or entered upon and possessed, with their 
consent and approbation. If any had been wronged, on 
proof of the injury they always found redress. Individuals, 
indeed, made encroachments, on the Indian lands, if encroach- 
ments they could justly be called, by purchasing for trifling 
articles. But this was early forbidden by the government, 
and laws were passed for their protection and welfare. Still 



HISTORY OF MASSACHUSETTS. 77 

Philip chose to consider the English as trespassers ; and he 
determined to make one great effort to drive them from the 
land, or to destroy them. 

The merit of wishing to maintain, or to recover, the power 
of his tribe, and of making great efforts for that object, may- 
be justly awarded to this brave aud intelligent sachem. But 
his merit would have been far greater, had he been injured, 
as he pretended, and had there been any plan of the English 
to take from him the territory of his fathers by fraud or 
violence. Neither his father, nor the other Indian chiefs in 
New England complained of injustice on the part of Mas- 
sachusetts or Plymouth governments ; and when com- 
plaints were made against individuals, they were readily re- 
ceived, and the wrongs fully redressed. When Philip was 
called upon to state the injuries done him or his tribe, or to 
explain his conduct in plotting against the English, and in 
attacking individuals, his answers were evasiye and his state- 
ments often false. The English acted on the defensive and 
he was the aggressor ; unless it was just in him to destroy 
them or drive them by force from the territory, which they 
possessed by fair purchase, or the full consent of the natives. 
He caused some of the friendly Indians to be put to death, 
for giving the English information of his hostile plans and 
preparations ; he burnt the houses and destroyed the cattle 
of individuals, living at a distance from the older settlements. 
And many of the people were murdered by his orders, from a 
cruel spirit of vengeance, though under a pretext of former 
aggressions. Without measures of defence by the English, 
they would have suffered severely by savage ferocity ; and 
when they raised troops and proceeded to attack the Indians 
in their own territory, it was to protect defenceless individuals 
and to save themselves from destruction in their more com- 
pact settlements. The conspiracy he had attempted and in 
some measure effected, was as extensive as New England ; 
and included even the eastern tribes and the Mohawks of the 
west. He acknowledged he had no just cause for hostilities, 
and promised to be friendly; but he continued secretly to 
•prepare a powerful force to execute his plans of destruction. 
And it was not till they had full proof of his inveterate hostility 
and his disregard of promises often made, that the English 
concluded to raise troops to act against this insidious sachem. 

The colony of Plymouth was most interested in the dis- 
pute with Philip, and its inhabitants most immediately ex- 
posed to his attacks. After he had thrown off all disguise, 
and committed many acts of barbarity and cruelty, Plymouth 
9 



78 HISTORY OF MASSACHUSETTS. 

sent some men under Major Cudworth to protect tlie settlers 
on the frontiers of the colony, in Swanzey and vicinity ; but 
little more was at that time attempted than for defence, or to 
learn the temper and purposes of the sachem. It was not 
the object at .first to wage an offensive war against the 
Indians ; and the early military movements were made by 
Plymouth alone. While Cudworth advanced to Swanzey, 
captain Church appeared at Pocasset, (at or near the present 
site of Fall River) with a view to prevent a junction of the 
Indian tribes, which was intended by Philip. 

In the mean time, it was known that the conspiracy of the 
Indian tribes, through the persuasions of the Pocanoket 
chief, was so extensive, and so matured as to endanger 
the safety of all New England, unless prompt and decisive 
measures were adopted to prevent their united action. Not 
only Massachusetts but the united colonies resolved to 
assist, and to consider the hostile attitude of the Indians a 
common concern. It was agreed to raise 1000 men, for the 
occasion; Massachusetts to furnish 527, Plymouth, 158, 
and Connecticut, including New Haven, 315. This was in 
September, 1675. At a little later period, there was an order 
to enlist 1000 in addition to the former detachment; thus 
making 2000 in all. This was done, on learning that the 
formidable tribe of the Narragansetts, which had hitherto pro- 
fessed friendship for the English, was engaged in the hostile 
combination formed by Philip. 

Governor Josiah Winslow, of Plymouth colony, was ap- 
pointed commander in chief of the troops thus ordered to be 
raised. Major Appleton commanded the Massachusetts men ; 
Major Bradford, those of Plymouth, and Major Treat those 
from Connecticut. The character of the Governor was dis- 
tinguished for mildness and lenity, as well as bravery ; and 
he had always been considered by the Indian chiefs who knew 
him, as their protector and friend. The characters of all 
who took an active part in the expedition and of those who 
advised to it, were too well established both for humanity 
and piety, to warrant a belief, that any motives of mere 
revenge, or covetousness, or of military glory could have in-" 
fluenced them. 

These troops marched into the Narragansett country in 
December, 1675 ; and attacked the Indians in a large swamp, 
who were there collected in hostile array ; and after a desper- 
ate assault, vanquished and routed them. But in making the 
assault, the English troops suffered very severely. They 
advanced upon the enemy by a narrow path, which exposed 
them to the fire and the arrows of the Indians in ambuscade, 



HISTORY OF MASSACHUSETTS.' 79 

and 240 of the English were killed and wounded, six cap- 
tains being among the slain. The number of Indians slain, 
on this occasion, was computed at nearly 1000. And many 
who survived retired into the interior and distant parts of the 
country. 

It does not appear that Philip was then with the Narra- 
gansett tribe. When Cudworth and Church marched to his 
neighborhood with the Plymouth troops, he made little effort 
to withstand them ; and fled, or rather retired into the in- 
terior, to excite the various tribes, scattered through the 
country, to prepare for a vigorous and united attack on the 
English settlements. His plans, indeed, were not fully 
matured, when hostilities began in June 1675; as some of 
the chiefs of petty tribes confessed. He found the plan 
proposed, of more difficult accomplishment than he had 
imagined. The tribes nearest the English settlements and 
most acquainted with their conduct, were not easily persuaded 
to join in the conspiracy against them. Probably, the efforts 
and influence of the missionaries among them had attached 
them to the government of Plymouth and Massachusetts. 
Philip was an inveterate enemy to these holy men/ and to the 
religion which they taught. It was owing to his violent 
passions and a thirst for vengeance, that he instigated the 
attacks early in 1675, on the defenceless inhabitants, and in- 
duced the government of Plymouth to send out Cudworth 
for their protection, before he was fully prepared to execute 
his bloody purpose. 

During the following winter and spring, attacks were made 
by the Indians, at the instance of Philip and in pursuance of 
his great plan, except that the defeat of the Narragan- 
setts might have interrupted it, on Lancaster, Groton, Chelms- 
ford, Mendon, Medfield, Marlborough, Sudbury, Rehoboth, 
Wrentham, Deerfield, Hatfield, Bridgewater, Scituate and 
Plymouth. The combination was extensive and formida- 
ble ; and the prompt efforts made by the English in 1675, were 
probably the preventive of the slaughter of all New England. 
Many of the Massachusetts and Plymouth people were slain 
in 1676. A company under captain Pierce was almost 
wholly cut off, at Pawtucket ; and another from Boston, under 
captain Wadsworth, at Sudbury. But Philip did not succeed 
in collecting a sufficient number together, to overrun the 
English settlements ; nor was he able to procure a simultaneous 
action of different bodies and on different settlements, to 
accomplish the purpose he had meditated. The Indians 
soon became dissatisfied with his plan ; and occasionally, in 



80 HISTORY OF MASSACHUSETTS. 

small parties, voluntarily surrendered to the English. It was 
believed that Philip applied to the Mohawks for assistance, but 
without success. In this condition of his affairs, he returned 
during the summer to his paternal abode, near Mount Hope ; 
where a few of his tribe still adhered to him and his falling, 
fortunes. 

Perhaps, this act of the resolute sachem entitles him to the 
highest praise he justly merits. He was too intelligent, not 
to perceive that his plans had failed, and that he had forfeited 
his life, by his hostile acts towards a powerful people. He could 
now expect no success, even in a defensive' contest, nor could 
he promise himself a pardon for his unprovoked and aggra- 
vated aggressions. He chose, however, to return to his 
native soil, and to sacrifice himself on his father's sepulchre, 
and among the remnant of his native tribe. This was heroic, 
this was patriotic, and this gives him as honorable a rank,' as 
justice and impartiality can award him. In this quarter, 
Philip was again attacked, soon after his return, by captain 
Church, who slew many of the Indians still attending the 
sachem, but he once more escaped. Church still pursued and 
followed him to Mount Hope Neck, where he had retired. 
Here, the brave savage fell by the hands of an Indian who 
was in the service of the English. It was, in truth, the fall 
of a brave man ; for he was even then preparing to annoy 
his enemy, or to defend himself to the last. With his death, 
the hostile spirit of the Indians within Massachusetts and 
Plymouth was quenched ; or, on account of their weak con- 
dition, was seldom manifested. In the neighboring territories, 
at the west and the east, they were still feared ; for they 
depredated on the frontier towns, though they did not really 
endanger the safety of the whole English settlements. 

Although no immediate acts of oppression towards Massa- 
chusetts followed on the report of the commissioners, sent out 
in 1664, which was well calculated to raise the displeasure of 
the king, he was the more ready, afterwards, to listen to com- 
plaints against the colony, and desirous of showing his sense of 
his royal right to govern and control its proceedings. On their 
statement, that the acts of navigation and trade were not duly 
regarded in Massachusetts, orders were given that they should 
be strictly observed. These acts were of several years stand- 
ing, and had been passed, or revived, as well in the time of 
the commonwealth, as of the monarchy: they operated as 
restrictions on the trade pursued by Massachusetts, and were 
considered as, no doubt, they were designed, for the chief 
benefit of England. It was, indeed, the great question, so often 



HISTORY OF MASSACHUSETTS. 81 

afterwards agitated in the colonies, of raising a tax or revenue 
from this trade, for the parent state. The ohject of that govern- 
ment, in all the acts respecting trade, was not chiefly to regu- 
late it on general principles, but with reference to its own 
prosperity, while little regard was had to their effect on the 
colonists. 

At this period there was no distinct officer of the customs, 
by appointment of the king, nor had there previously been any, 
except that the governor was authorized to see that the acts 
of parliament, respecting trade, were observed, and that the 
duties imposed were collected. But the payment of the cus- 
toms was often evaded, under the pretence that they were op- 
pressive; or in the hope of escaping prosecution. 

The men who conducted the controversy in behalf of Massa- 
chusetts, with the king and his agents, at this era, with their 
strong love of liberty, united something of the spirit and policy 
of courtiers ; for they were always most respectful in their ad- 
dresses to the crown, and when they failed to comply fully 
with all the requisitions of the king, they cast themselves on 
his clemency, and sometimes sought to flatter his vanity, or pur- 
chase his favor by presents. On this occasion, though they 
declined a ready compliance with the royal directions, they 
made a present of £500, a ship load of spars, and a large 
amount of provisions, to the English navy in the West Indies. 
And from motives of humanity, or policy, they made large col- 
lections for the sufferers by the great fire in London, in 1666. 

Charles II. had not been long on the throne, before the 
friends of episcopacy became very active in favor of the estab- 
lished church, and caused an act to he passed for strict con- 
formity to its rites and its government. Those who did not 
conform were again oppressed, as they had been thirty years 
before. The people in Massachusetts were in fear, that such 
a system would be introduced into the colony. A day of pub- 
lic fasting and prayer was set apart by the general court, to 
avert a calamity so much dreaded. In all seasons of appre- 
hended danger, both as to the welfare of the church, and the 
liberties of the people, such was the practice ; their faith in an 
overruling providence instructed and justified them in the 
devout act. 

On the complaints of Gorges and Mason, in 1676, that 
Massachusetts had assumed jurisdiction over their several terri- 
tories, in Maine and New Hampshire, Charles II. required that 
agents be sent over from the colony, to answer for the alleged 
usurpation. The general court appointed William Stoughton 
and Peter Bulkley for this service. They were in England, 



82 HISTORY OF MASSACHUSETTS. 

for this purpose, nearly three years ; but without adjusting the 
difficulties which had arisen, connected with the subject. 
Massachusetts had set up a claim, which could not fairly be 
supported. Gorges' ancestor received a grant of the territory 
in Maine, which he claimed ; and the heirs of Mason had shown 
a similar title to the land they demanded, in New Hampshire ; 
while the claim of Massachusetts had no other support than an 
arbitrary construction of their patent, which made their north- 
ern bounds three miles north of Merrimac River. They had 
caused a line to be run, a few years before, to the most northern 
stream of the Merrimac, and then running east to the ocean, 
claimed all south of such line to be within their patent. 
This construction gave all the eastern parts of New Hampshire, 
and a great part of Gorges' grant in Maine, to Massachusetts. 

The decision by the authority in England was, that both 
the soil and jurisdiction of Maine, belonged to the heirs of Sir 
F. Gorges, who had the original grant of the territory, from 
Piscataqua to Sagadahoc, or Kennebec River. After this 
judgment, Massachusetts employed an agent to purchase it of 
Gorges' heirs; but subsequently, the king ordered its restora- 
tion to their associates, or assigns, and the purchase money 
was refunded. No judgment was given as to the claim of 
Mason's heirs, for the instrument was found to be imperfect, 
intended to convey the land, nor had there been any charter 
from the crown for a civil government over the territory claimed. 
Massachusetts was confirmed in her claim, to three miles north 
of the Merrimac, a certain distance up the river only, which 
excluded them from Maine, and all New Hampshire, as it now 
is. Mason's heirs had # claimed as far as Salem, but it was ad- 
judged, that the claims of Massachusetts were good against his 
pretensions. Edward Cranfield was soon after appointed by the 
king, to govern New Hampshire, in his name and as his pro- 
vince. 

On the return of Stoughton and Bulkley, in 1679, other 
agents were ordered from Massachusetts, by the royal authority, 
which was then declined by the general court, on a plea of 
poverty, and of heavy taxes to be raised to meet the great ex- 
penses of the war with Philip, and of the preparations made 
against the Dutch and French. 

John Leverett was the governor of the colony from 1673 to 
1679, when he died, and was succeeded by Simon Bradstreet, 
now almost the only survivor of those who came over with 
Winthrop, in 1630. Leverett was one of the board of assist- 
ants when young ; and was several years agent in England, in 
the time of Cromwell. His reputation was that of a wise, 



HISTORY OF MASSACHUSETTS. 83 

liberal, and upright man, and of an able and discreet magistrate. 
Bradstreet was seventy years old when chosen governor, and 
continued till 16S6, when the charter was vacated ; and Joseph 
Dudley was appointed temporary President by the crown. 
Bradstreet was distinguished for his discretion and probity ; and 
yet he was less decided against the measures of the parent 
government, which others thought arbitrary and oppressive, 
and which they openly and firmly opposed. Danforth, who 
was deputy governor with Bradstreet, in 1679, and after, and 
who was one of the assistants for several years previously, was 
the leader among the most decided and active, in opposition 
to the claims, then set up by the counsellors of the king, over 
the colony, not only as to regulating trade, but for controlling 
all its proceedings, both civil and ecclesiastical, and internal, 
as well as external; and that by officers from England, who 
had little regard for the welfare or the rights of the people; 
and for collecting a revenue from the people to add to the trea- 
sures of the parent state. Soon after Charles II. was restored 
to the throne, designs were formed for governing the colonies 
more fully and more rigidly than they had been ; and these de- 
signs were continued, with little intermission, till the charter 
was taken away, in 16S6. There was, certainly, some reason 
to complain, that the king's authority and prerogative were not 
duly recognised in all cases, and that powers of government 
were assumed, which went almost to a denial of the supreme 
authority of parliament over the colonies. The general court 
of Massachusetts yielded to the authority of the crown, as to 
the oath of allegiance, as to the judgment respecting Gorges' 
and Mason's claim, as to a toleration of Episcopalian forms of 
worship, of Baptists and Quakers, and as to the admission of 
freemen, who were not members of a congregational church. 
But the regulations of trade were disregarded, and no revenue 
was collected for the parent state. That some provisions of 
the acts reo;ulatincr trade and navigation were severe in their 
operation on the colonies, there can be no doubt. The politi- 
cal friends of the Stuart family, in Virginia and Maryland, 
complained loudly of such oppressions. And it would have 
been good policy, perhaps, as well as a generous clemency, on 
the part of the parent country, to have favored and cherished 
these infant plantations, rather than to have pressed so heavily 
•on them, for the purpose of meeting the high expenditures 
called for by the court. 

Edward Randolph distinguished himself, at this period, by 
his complaints against the government of Massachusetts, and 
his efforts to call forth oppressive and arbitrary measures of 



S4 HISTORY OF MASSACHUSETTS. 

the king towards the colony. He complained, among other 
things, of gross and constant violations of the acts regulating 
trade ; and was thereupon appointed collector of the customs ; 
to reside at Boston, the capital of Massachusetts. Randolph 
was styled " the accuser of his brethren ;" he acted as a spy, 
and was a bitter enemy to the colony, for many years ; and events 
proved, that, in this dishonorable conduct, he regarded less the 
authority of the king, than his own interest and profit. 

After more than two years of delay, in 1682, the general 
court sent other agents to England, as ordered, to vindicate the 
colony from various charges which had been preferred against 
it. These were Joseph Dudley, a son of the governor, Thomas 
Dudley, and a child of his old age ; but who had little of the 
disinterestedness and integrity of his venerable parent ; and 
John Richards, who had been several years in public life, but 
not possessed of all that talent and firmness to qualify him to 
be a useful advocate for the rights of the colonies, at an arbi- 
trary court. Dudley had talents, but they were employed in 
providing for his own honor and profit. To these agents, 
unfortunately, perhaps, were given more powers than had been 
given to the former ones. But to them, as w T ell as to those be- 
fore sent, instructions were given, not to consent to any propo- 
sitions or demands, which should commit their rights, as secured 
by charter. But the king and his counsellors were too desirous 
of power, or too jealous of their authority, which was then 
pretended to be sacred, to dispute about rights in the colony, 
or to recognise the agents in the character of envoys from a 
sovereign nation ; and insisted, that the colony was a part of the 
empire, under the control of the crown ; and must therefore 
submit to its will and pleasure in all things. And yet some of 
the officers of the crown, even at this time, declared, that the 
colonies ought to be represented in parliament, in order to ren- 
der it proper to lay taxes on the people residing in them. 
When Dudley and Richards sailed for England, Randolph 
accompanied, or soon followed them, to prefer more charges 
against the colony. He had met with opposition in attempting 
to discharge his duty, as a collector of the customs ; and when 
he called on the governor and general court for assistance, 
they either declined, or took no notice of his request. 

In 1686, the charter of Massachusetts was solemnly declared 
to be vacated ;* and Dudley was soon after appointed presi- 

* When the agents found that no favor or justice could be expected, 
unless they had power to consent to give up the charter, to be altered and 
moulded as the king and his ministers might dictate, they wrote to the 
general court, of such determination ; and advised them to submit to the 



HISTORY OF MASSACHUSETTS. 85 

dent of the colony, by James II. then king of England ; 
together with Maine, New Hampshire, and Narragansett. 
Narragansett, as well as New Hampshire, had been decreed 
to belong to the crown, in opposition to the conflicting claims 
of several individuals, and of Massachusetts. Sixteen persons 
were joined with Dudley, in the government of these places. 
They were taken from all the colonies, of which they were to 
be the rulers ; and most of them had been in public stations 
before. There was no provision made for a house of repre- 
sentatives; and Mr. Danforth said, that without this, the 
people would be little better than slaves. 

When Dudley laid his commission before the general court, 
which was in session at the time, or soon after his arrival from 
England, they protested against it, as a measure of gross usurp- 
ation, and appealed to his patriotism, and his conscience, for 
reasons to justify him in accepting such an appointment.* He 
evaded a direct reply, and referred to the authority of the 
king, by whom he had been commissioned. But his period 
of power was short, and was not particularly oppressive. It 
was the nature of the government established, and the seizing 
of the charter, which alarmed the people, and excited the pop- 
ular indignation against the measure. The principles of Dudley 
were known to be in favor of arbitrary power; for he said, 
while agent in England, in rrply to some friend of liberty, who 
was contending for the preservation of the charter, "that the 
people in the colony must not suppose that the rights of Eng- 

royal grace. But they concluded, after due deliberation, and the people 
generally approved of their resolution, " that it was better to die by the 
hands of others, than by their own." They professed themselves to be true 
and loyal subjects of his majesty, but said " they could not consent to give 
up their charter, nor surrender the rights they had enjoyed under it; that 
they would make their humble address to God, and in due time to the king, 
for relief." From this firm declaration, there were some dissentients, as 
there had been in most of the similar resolutions for several preceding years. 
There seems to have been two political parties ; one of which was deeply 
imbued with the principles of civil liberty, and the other was ready to sub- 
mitt o the royal prerogatives, and the oppressive measures of the parent 
state. 

* They objected, that there was no certain and determinate rule for the 
administration of justice; and what did appear was too arbitrary; that the 
subjects were abridged of their liberties, as Englishmen, both as to legisla- 
tion and taxes ; that all power was transferred to the president and council, 
and no house of representatives provided for ; that it concerned him to con- 
sider, whether such a state of things were safe for him or the people ; that 
if he were satisfied with the commission, and felt bound to govern the people 
under it, they would not give their consent, but would demean themselves 
as loyal subjects of the king. At the same time, they ordered the papers 
relating to the charter, and to the titles to lands, to be put into the hands of 
a committee for safe keeping. 

10° 



86 HISTORY OF MASSACHUSETTS. 

lishmen would follow them to the ends of the earth." Dud- 
ley had a quarrel with Randolph, at this period ; a proof, that 
mere political aspirants, and selfish rulers, have little principle, 
and act in concert often, only with a view to personal advan- 
tage. Several of those associated with Dudley were excellent 
characters, and they probably had a favorable influence on his 
public conduct. 

At the close of the year in which he received his commis- 
sion, (1686) Dudley was succeeded as chief magistrate of 
Massachusetts, by Sir Edmund Andros, who had been some 
time governor of New York. He now received a commission 
to govern all the New England colonies.* Andros was a 
military character, and of known arbitrary principles. It was 
feared, that he would govern rather from caprice and prejudice, 
than with just and equitable purposes. Nor did the fears of 
the people prove unfounded. The press was taken under his 
special care and inspection ; and under the pretence of religious 
toleration, the Episcopalians received marks of peculiar favor 
and support. Randolph, who was justly obnoxious to the 
people, for his enmity, and his arbitrary conduct in past years, 
had unbounded influence with the governor. He acted as 
Judge of Probate, and Secretary of the colonies, as well as 
collector of the customs ; and exacted much higher fees than 
had ever been required. He also commanded all, who had 
business of this kind, to attend on him at his own house. 

The counsellors of Andros were, probably, a check upon his 
purposes and measures. The greater part of them were friends 
of civil liberty, and could not but have used their influence in 
the cause of justice and equity. But some of them were less 
devoted to the interests of the people, and the cause of free- 
dom ; and such were often with him, ready to flatter his vanity, 
and to approve his conduct. f The measure which gave the 
most general alarm, perhaps, and tended to the most extensive 
evil, was a declaration, and order, that all the titles to land in 
the colony were invalid, or incomplete. The reason given, 
was, that the charter was vacated, and that the fee was in the 
crown. The people were required to take a confirmation from 
the governor, and most exorbitant fees were demanded.^ An 

* This is the language of his commission — but it does not appear that 
Connecticut was included. 

+ The counsellors were Dudley, Stouoditon, Winthrop, Bulkley, and Tyng, 
of Massachusetts, Hinckley, Bradfoid, Lothrop, and Walley, of Plymouth, 
Coggeshall, Usher, and Wharton, of New Hampshire, Arnold, Clark, 
Newbury, and Smith, of Rhode Island, and Narragansett. 

t Andros' salary was £1200 sterling, paid from England, (as was proposed, 
in 1G73, to provide the royal governor's stipend) yet the motto of his official 
seal was " nunquam libertas gratior extat." 



HISTORY OF MASSACHUSETTS. 87 

address and protest were forwarded to the king, complaining 
of the oppressive conduct of Andros* and of Randolph; in 
which they pleaded the original grant, in November, 16:20, to 
the council of Plymouth, in England, and of 162S-9, from that 
council to the company, by which Massachusetts was settled; 
the confirmation of Charles I. of the grant, and his charter for 
a government, with a governor, assistants, and a general court, 
to make laws, (not repugnant to England,) and to dispose of 
lands as they might choose ; their purchase, also, of the native 
Indians ; possession for nearly sixty years ; and the great cost 
and charge attending the settlements, without expense to 
England. 

Andros and his council, or a part of them, proceeded to 
levy taxes, in an arbitrary manner. In some towns, payment 
was refused, and respectable citizens were fined and imprisoned. 
The complaints of the people became general. There were 
no acts of violence, but strong disapprobation was manifested as 
to these oppressive and arbitrary proceedings. Rev. Increase 
Mather was deputed, by some men of influence, and ardent 
friends of liberty, to proceed to England, and state their griev- 
ances to the king. 

In the spring of 1689, the people, oppressed by the arbitrary 
measures of Andros and Randolph, and impatient for deliver- 
ance from such odious thraldom, on receiving a report of the 
revolution in England, but before there was formal intelligence 
of it, seized the governor, and some of his official friends, and 
placed them in confinement ; the captain of an English frigate, 
then in the harbor of Boston, was of the number. A tempo- 
rary government was immediately formed, of those who had 
been magistrates or representatives, and called " a committee 
for the safety of the people, and the conservation of the peace 
of the colony." Bradstreet, who was governor in 1686, and 
more than eighty years old, was appointed president; Adding- 
ton, secretary, and Wait Wintbrop, commander of. the militia. 
This whole committee was very respectable, both for talents 
and patriotism. They gave notice to the government of Eng- 
land of what proceedings had taken place in Massachusetts, 
and requested advice and direction in the case. They were 
directed to continue the government, as it was before the 
appointment of Dudley and Andros, and orders were also 

* While Andros was governor of Massachusetts, he suspended one of the 
counsellors, who probably opposed some of his arbitrary measures; and 
threatened to shut up the doors of a church in Boston, because the proprie- 
tors declined having the episcopal service performed in it. Under the plea 
of toleration, he was partial, arbitrary, and oppressive. 



88 HISTORY OF MASSACHUSETTS. 

received for the release of Andros, Randolph, and others. 
Randolph, on his return to England, preferred many serious 
complaints against the colony ; but the agents, then in that 
country, were attentive and faithful to the interests of Massa- 
chusetts ; and those in power in the kingdom were far more 
iavorable in their views and purposes to the people of New 
England, than the administration of Charles and James.* 
These complaints, however, had an unfavorable influence with 
the government, after the revolution ; for the ministry and 
parliament were then disposed to keep the colonies in due 
dependence and subjection ; and William was as ready to 
maintain the authority and prerogatives of the crown, as his 
predecessors had been. Andros, and others of similar political 
views, were retained in power under the new administration. 

Massachusetts was without a charter till the year 1692; but 
during this period, the courts were held and representatives 
were chosen, as before the usurpation of Andros. The peo- 
ple had confidence in those who were in power, and yielded 
ready obedience to their orders. 

During the administration of Andros, particularly the latter 
part of it, the Indians at the eastward, within the territory then 
claimed and possessed by the French, made frequent attacks 
on the frontier settlements of the English, and plundered and 
murdered many of the inhabitants. But Andros, from friend- 
ship to that nation, or from a mistaken policy, failed to give the 
people efficient protection. Yet, on one occasion, he went to 
Pemaquid, a few leagues east of Kennebec, or Sagadahoc, and 
the eastern bounds of the English settlements, at that period ; 
but the expedition did not prevent future aggressions. In 
1690 an attack was made, under Sir William Phipps, an enter- 
prising, resolute character, against Port Royal, in Nova Scotia, 
which proved highly successful; and he took possession, in the 
name of the English government, of the coast, from that place 
to Penobscot, hitherto occupied by the French. 

This success led to a formidable expedition against Quebec, 
the same year, commanded also by Phipps, which consisted 
of nearly forty vessels and two thousand men, most of whom 
were impressed for the service, in Massachusetts. A fleet 
sailed from Boston, and land forces proceeded by way of the 
lakes and Montreal, for this purpose. But the expedition was 
got up with such haste, that proper military stores and provi- 
sions were not provided; the weather was unfavorable, (it being 

* One of the professed objects of the revolution in England was " to 
put the liberties of the people out of the reach of arbitrary power." 



HISTORY OF MASSACHUSETTS. 89 

late in the season :) incorrect reports were made, as to the 
best place to land and make the attack ; and the small pox pre- 
vailed among the land forces also. Alter one unsuccessful 
attack with part of the men, it was resolved to relinquish the 
undertaking, and such portion of the fleet as was not wrecked 
on the coast, returned to Boston. 

This proved a very expensive and disastrous affair to Massa- 
chusetts. To meet the expenses and pay the men, who were 
clamorous in demanding their wages, which amounted to more 
than £50,000 sterling ; paper money was issued, which was 
the occasion of great and continued distress, for many years, 
though the measure afforded temporary relief. 

The obtaining of a new charter, and defining the powers con- 
ferred, or allowed, was a work of much difficulty. It was first 
attempted to have the former charter renewed, with some ad- 
ditional powers; but this was found to be impossible. The 
professed friends of the colony, in England, were opposed to 
the grant or recognition of powers, to the extent solicited by 
the agents of Massachusetts. It was soon apparent, that no 
charter would be issued, giving even equal powers with the 
former. When Mr. Mather objected to the project of a 
charter, prepared by the officers of the crown, he was told, 
" that his approbation was not necessary, that the colony was 
an applicant for favors, and must not dictate in the affair." 
That which was finally matured and issued differed from the 
old one, in some important respects, less favorable to the power 
of the colonial government, and to the urgent wishes of the 
agents. It united Plymouth,* and Maine, and Nova Scotia, 
and the islands between, to Massachusetts, with the style and 
title of "The Province of Massachusetts Bay." By this 
charter, the king reserved to the crown the right to appoint 
the governor, lieutenant governor, and the secretary. The 
assistants, or counsellors, were to be chosen, as before, by the 
general court. The governor had a full negative on the repre- 
sentatives, and with advice of the counsellors, was to appoint 
all officers in the province. The council was to consist of 
twenty-eight members, four of whom to be from Plymouth, 
and three from Maine. A voter must have personal estate of 
£40 sterling, or an income of 40s. a year. At their first meet- 

* It included Martha's Vineyard, also, which had been under the govern- 
ment of New York. Rev. Mr.VViswall, agent for Plymouth colony, object- 
ed. to the union of that colony with Massachusetts; believing, probably, 
that it would thus lose much of its importance ; but when he learnt there 
was a plan to annex that colony to New York, he readily consented to its 
being a part of Massachusetts. 



90 HISTORY OF MASSACHUSETTS. 

ing under this charter, the general court voted to adopt the 
laws of Massachusetts and Plymouth, unless repugnant to those 
of England.* 

The new charter was far from being acceptable to the great 
body of the people ; for they had been accustomed to act and 
legislate, in a great measure, as if they were sovereign and 
independent. Their principal objection was to the appoint- 
ment of the chief magistrate by the king; and in this they dis- 
covered, as well a foresight of future mischief, as an ardent 
desire of republican freedom. Some of the more rigid lament- 
ed, that full liberty of conscience was given to Episcopalians, 
and other dissenters from the congregational churches, except 
to Baptists ; for it was a long time the opinion, that toleration of 
other religious opinions and forms of worship would be injurious 
to the welfare of the colony, as well as highly prejudicial to 
christian truth. 

In the appointment of the first governor, the king was pleased 
to consult the wishes of the agents; and Sir William Phipps 
was commissioned for that office, in 1692. He was of obscure 
parentage, the son of a poor man, who lived near Sheepscot 
River, and not far east of Sagadahoc, but early discovered a 
strong mind, and a spirit for nautical adventures ; and was thus 
the maker of his Own character and fortunes. He was more of 
a sailor and soldier than a statesman ; but the clergy were his 
frequent advisers. And William Stoughton, the lieutenant gov- 
ernor, was distinguished as a scholar, and as an able, discreet 
legislator. On the recall and decease of Phipps, in 1694, 
Stoughton acted as chief magistrate for several years, and en- 
joyed the respect and confidence of the people. 

* The formal declaration of their rights and privileges, in 1694, approved 
both by the representatives and the counsellors, will show their views of 
civil power belonging to them; and their fears, that plans were in opera- 
tion to infringe on the authority which they asserted to be essential to 
liberty. It was of the following purport : " that they had an undoubted right 
to all the liberties and privileges of an English assembly, and to have free- 
dom of debate and suffrage, as the Commons of England have; that the ap- 
pointment of all officers doth of right belong to the general assembly ; and 
that when money is to be levied of the people in the province, the assembly 
be advised of the use and application thereof; that the establishment of all 
salaries of officers, in the province, belongs also to the general court ; that 
no public moneys ought to be disposed of by the governor and council, but 
for the uses and intents of, and agreeable to, the acts, by which said money 
is raised ; and that no money ought to be drawn or paid out of the public 
treasury of the province, but by warrant of the governor, with advice of the 
council, mentioning the law by which it was raised, and for what service, 
designed, and to be according to said law." 



CHAPTER VI. 



Witchcraft — Laws for Religious Worship, for Education, and for sobriety 
of manners — Disputes with Government of England — French at Pema- 
quid — Lt. Gov. Stoughton — Law against Jesuits, and against Slavery — 
Gov. Bellamont — Gov. Dudley — His Character — War between England 
and France — Depredations of Indians — Col. Church goes against Indians 
in Acadie — Expedition to Port Royal — Meditated attack on Canada — 
Heavy Debt and Tax, and Paper Money — Peace between France and 
England — Prosperity of the Province — Newspapers — Gov. Sbute — His 
Character — Indians in Maine hostile, conquered — Dispute between Gov. 
Shute and General Court — Gov. Shute, on his return to England, com- 
plained of the Court — Agent Dummer — Lt. Gov. Dummer — Treaty with 
Eastern Indians — Clergy propose a synod — Earthquake 

The year 1692 is memorable, not only in receiving a new 
charter, and in having the government duly formed and ad- 
ministered, after five years of interruption, but for tragical events 
growing out of charges for witchcraft, which furnish melancholy 
proof of the weakness and credulity of the human mind. But 
for the appalling effects of this strange delusion, in the im- 
prisonment and execution of several respectable persons, the 
facts disclosed would be matter of amusing curiosity. This 
disastrous infatuation, however, was not confined to Massachu- 
setts, or to America. Similar scenes were exhibited in Eng- 
land ; and some learned men gave countenance to the cruel 
proceedings, in that country as well as in New England. Super- 
stitious credulity was the support of this fatal error ; for without 
a belief of the power of the Devil to make men his agents and 
tools, the system could not have been admitted. When reason 
and philosophy are disregarded, credulity and prejudice can 
effect every thing but miracles. 

On the slightest charge and even on bare suspicion, numbers 
were adjudged guilty of the high offence of making a league 
with Satan; and were punished, even to death, on evidence 
not legally sufficient to convict a man of the smallest offence. 
The eyes of the magistrates and judges were at last opened, by 
the accusation of respectable individuals, whose characters were 
above all suspicion of such a crime, even if it were practicable. 
This, however, was not till about twenty had been executed, 
and many more imprisoned for a long period. It is consoling 
to know, that some of the magistrates were opposed to these 



92 HISTORY OF MASSACHUSETTS. 

cruel proceedings ; among whom were two of the judges who 
acted on the occasion. And many others, afterwards, lamented 
the delusion, which had thus perverted their better judgment. 

So infatuated were some of the people, at the time of the 
highest excitement, that, by their vehement solicitations and 
menaces, they persuaded the weak and timid to confess they 
were witches, who were of holy and -exemplary conduct. 
Some of these afterwards declared, that they had acknowledged 
themselves guilty, partly through fear, because of the threats 
uttered against them, and an apprehension that they might 
have been subject to the Devil's arts without knowing it. 
Several years before this time, there had been two or three 
executions for this supposed crime; but the extravagances and 
cruelties attending the Salem tragedy, in 1692, served to keep 
the people from similar delusions ever afterwards. 

The legislators and rulers of Massachusetts considered it 
their duty, from the earliest settlement of the colony, to provide 
for the support of religious worship and instruction, for the edu- 
cation of youth of all grades and classes, for the observation of 
the Lord's day, and for suppressing intemperance, gaming and 
profanity. They acted as the guardians of the public morals ; 
for they believed religion and morality essential to the public 
welfare of society. They were some times accused of being 
too severe, and too minute in their laws relating to such sub- 
jects ; but there can be no doubt their regulations were for the 
peace and good order of the colony, and that much greater 
laxity would have proved injurious to the public welfare and 
prosperity. The clergy were often advised, by the general 
court, to adopt measures to bring about a reformation among 
the people, and to strive for greater purity of morals in the 
community. This was a legitimate object of the civil power; 
but when they proceeded to prescribe articles of faith, and to 
require particular forms of worship, they presumed to legislate 
on points beyond the province of the civil magistrate to decide. 
The dispute between the rulers in Massachusetts and the 
parent government, which had long been kept up, and which 
was destined to continue to exercise the talents and call forth 
the patriotism of the colonists, was agitated, at this period, 
with a good deal of zeal. On the adoption of new regulations 
in England, respecting the duties on commerce, and the collec- 
tion of the customs, the general court passed an act, tending 
(and probably intended) to defeat the operation of those regu- 
lations ; alleging that they interfered with the rights of their 
charter, or were oppressive to so small and distant a colony : and 
a law of parliament was soon after enacted, which declared such 



HISTOKY OF MASSACHUSETTS. 93 

a law of Massachusetts to be utterly null and void. The acts 
of the British parliament, relating to the trade of the colonies, 
were often the cause of complaint. They operated as restric- 
tions, which were odious and oppressive to the people ; and they 
were chiefly designed for the benefit of England ; and thus 
obliged the colonies, by way of imposts, to contribute to the 
support of the government there, while they had to pay for the 
maintenance of their own, respectively, and to discharge heavy 
debts incurred for defence against the French and Indians. 

The people of Massachusetts, with some other settlements 
in New England in 1697, were alarmed by menaces of war 
from the French, who had been -several years laying claims 
to Nova Scotia and the eastern parts of Maine, and whose 
greatest means of annoyance was the employment of the 
Indians against the inhabitants on the frontiers. Pemaquid 
and the country eastward of it, had been long possessed by the 
French ; except occasional captures by forces from England 
or Massachusetts.* A report was spread through the pro- 
vince, that Boston would be attacked by a French fleet, and 
an attempt be made to conquer the whole coasts of New 
England. Various obstacles occurred to prevent the prosecu- 
tion of this plan. But the fears of the inhabitants were 
unusually excited ; for it was believed that the Indians of the 
West, who were then governed by the French, would assist 
in the attack, by falling on the settlements in the interior. 
By order of Lieutenant Governor Stoughton, then in the 
chair, the militia were prepared to defend the Province, if the 
French should appear; and the fort on Castle Island was put 
in repair for the protection of the capital. The treaty of 
Ryswick, toward the close of the year, restored tranquillity to 
the province, for a short period only ; for the following year, 
the French laid claim to all the country east of Kennebec, 
(though by that treaty, their forts and possession were to be 
restored to England) and forbid the inhabitants from fishing 
on the coasts or entering on the territory. The eastern Indians 
took advantage of this state of the country, to commit depre- 
dations and murders, without formal notice of war, and when 
the means of defence could not be seasonably provided. 

* The fort at Pemaquid, near the then eastern settlements, and the terri- 
tory claimed by the French, was taken in 1696 by the French and Indians 
under the Baron Castine, of Penobscot. This was considered an important 
post, and it had been a great charge to Massachusetts to defend and keep it 
in repair. It several times changed masters, in the course of the contests 
between France and England : while it was in the hands of the French, 
the Indians were more bold in their attacks; when possessed by the 
English, they were less feared and less dangerous. 
11 



94 HIST0KY OF MASSACHUSETTS. 

Among the laws of the province, while Mr. Stoughton was 
in the chair, was one against Jesuits and popish priests ; and 
similar orders were passed in New "York prohibiting their 
residence in that colony ; alleging that they instigated the 
Indians to attack the English and all other protestants ; and by 
his advice probably, the general assembly took into considera- 
tion the subject " of putting an end to negro slavery in Mas- 
sachusetts, and of employing white servants in their stead." 
In L703, a penalty was imposed for importing negro slaves 
into the province. This truly excellent man and able 
magistrate died in 1703, much lamented by the people of the 
province. Earl Bellamont, who was Governor of Massachu- 
setts a short time in 1699-70, died the same year, at New 
York. He was also several years governor of that colony. 
His short administration in Massachusetts was generally ac- 
ceptable to the people. He is characterized as bland and 
courteous in his manners, and as seeking the welfare and pros- 
perity of the people over whom he presided, as well as main- 
taining the authority of the crown. Some of his declarations 
were calculated to administer just rebuke to such officers and 
agents, as sought only their own power and emolument. 

After the death of Mr. Stoughton, the executive authority 
of the province was in the hands of the counsel, for a few 
months, when Joseph Dudley, who had been president in 
1686, received the royal commission to be Governor of Mas- 
sachusetts. He was continued in the chair for twelve years. 

When he was agent in England, in the times of the Stuarts, 
he made friends of the men in power, and became an apolo- 
gist for the prerogatives of the king, and for the arbitrary 
measures adopted at that period. He could natter those in 
authority, of any description or party, for the promotion of his 
own ambitious designs. While in office in Massachusetts, he 
seldom agreed with the general assembly, which was always 
jealous of all encroachments on the rights and privileges 
guarantied by the charter. He is represented as one covetous 
both of power and wealth ; and as probably seeking for the 
former, as the best means of attaining the latter. In his first 
speech to the General Court, he proposed that a house should 
be furnished for him, befitting the representative of the king; 
and that a more liberal compensation, than formerly, be pro- 
vided for his support, in his present high station. The House 
hesitated, and postponed a compliance with his request. They 
thus exposed themselves to his displeasure and censure, rather 
than to yield to what they believed an unreasonable requisi- 
tion. There was little cordiality between the representatives 



HISTORY OF MASSACHUSETTS. 95 

and Mr. Dudley, while he remained in office. He would 
probably never have been governor had it depended on the 
free suffrages of the people. Rev. Increase Mather and his 
learned son accused him of insincerity and covetousness ; and 
complained that his avarice led him to render unrighteous 
judgments. 

In 1702 war was declared between England and France, 
and the English settlements in Maine and in the western parts 
of the province were threatened by the Indians, who were 
always under the influence of the French priests, and ready 
to fall upon the English, at the earliest notice of hostilities. 
The governor held a conference with a delegation from Penob- 
scot, Norridgewock, Amariscoggin, and other eastern tribes, 
who promised to maintain peace and amity with Massachusetts ; 
but soon after, in junction with the French from Canada, they 
attacked the settlements between Portsmouth and Casco Bay, 
and captured and slew more than one hundred of the inhab- 
itants. About a year after, the Indians fell upon Deerfield 
and Northfield, on Connecticut River, when the people had no 
warning of their approach, and destroyed several dwelling 
houses by fire, slew upwards of forty, and made prisoners of 
one hundred and twelve. Lancaster was attacked the same 
year, several of the people were slain and the residue found 
shelter in the garrison. This was the second assault and 
slaughter made by the Indians on that town. In 1704, an 
expedition against the French and Indians at the eastward, 
was fitted out at Boston, under command of Col. Benjamin 
Church, who was an officer against Philip in 1675. It con- 
sisted of 500 men, and he attacked the French in Nova 
Scotia, (or Acadie) and the Indians of the Passamaquoddy 
and Penobscot tribes, who had been then recently committing 
outrages on the English. 

This war continued with varied and unequal exertions, for 
several years ; and in 1707, an expedition was prepared for 
attacking Port Royal in Acadie, consisting of two regiments, 
under Col. March, and conveyed by the province galley and 
a British sloop of war. Some attempts were made on the 
fort, but no very serious or vigorous assault ; and the enter- 
prise was abandoned, for want of a sufficient force, as was 
alleged by the officers, but, as others believed, for want of 
concert and resolution in the besiegers. The expense to the pro- 
vince, of this unfortunate expedition, was £22,000 ; for which, 
in its condition, at that period, added to its previous debt, it was 
very difficult to provide. The credit of the province suf- 
fered by the issue of a great amount of paper money, which 



96 HISTORY OF MASSACHUSETTS. 

was intended to sustain it. As in all such cases, the bills 
depreciated in value, in a short time, as there were no means 
for their redemption by specie. 

In 1708, the French and Indians made attacks on several 
frontier towns and settlements. Haverill was surprised by a 
party of Indians ; several houses were burnt, and the minister 
and about forty of the inhabitants were killed. 

An expedition was planned, the following season, to go 
against Canada and Acadie. A squadron was to be sent from 
England to Boston, and Massachusetts was to furnish 1000 
men. Due preparations were made in the Province ; but the 
naval force, expected from England, did not arrive ; being 
then required for the protection of Portugal. The plan was 
revived in 1710, but was prosecuted only in part. Port 
Royal was attacked, and surrended to the combined forces from 
England and Massachusetts ; the latter having furnished four 
regiments, except that a small portion was from the adjoining 
colonies. After the capture of Port Royal, the place received 
the name of Annapolis, in honor of Queen Anne. 

The design to dispossess the French of the places they 
held on the borders of New England was not relinquished ; 
for they were considered dangerous neighbors, and they had 
great influence with the Indians, to incite them to almost con- 
tinual hostility. The English government was also desirous 
of depriving the French of their territory, and of weakening 
their power, in North America. Another attempt was accor- 
dingly made against Canada in 1711, by order of the British 
government. There were fifteen ships of war, and transports 
with seven regiments of veteran English troops employed, 
besides the men furnished by Massachusetts and New York ; 
making in the whole 6500. A large force, raised in the 
colonies, and chiefly in Massachusetts, proceeded also against 
Canada by the way of the lakes, under command of General 
Nicholson. But this expedition, like the former in 1690, 
proved unsuccessful. The weather was unfavorable, the 
pilots proved unskilful, and several of the transports with 
troops were lost, to the number of 1700. The commander 
of the naval expedition saw fit to abandon it ; and Nicholson, 
on receiving the intelligence, at Lake George, retired, with 
the men who were advancing towards Montreal. As Massa- 
chusetts had a large number' of men in this expedition, the 
debt of the province was much increased ; and the people 
were hard pressed by the great amount of public taxes. The 
General Court attempted to afford relief to debtors, by a law 
to prevent oppressions, and by making the bills, issued by the 



HISTORY OF MASSACHUSETTS. 97 

province, a legal tender in all cases. Paper was then generally 
in circulation, instead of specie. But the effect of such a 
great issue of paper, resorted to in seasons of peculiar ex- 
igency, to pay the debts of the province, was eventually 
unfavorable both to the people and to the public credit. The 
general assembly might justly order, that the bills, issued by 
their authority, should be received in payment to the govern- 
ment, but to require individuals to receive them, when 
depreciated, to discharge bona fide demands, was considered 
by many an arbitrary and unjustifiable measure. By the 
treaty of Utrecht, in 1713, the French ceded Nova Scotia 
and other places east of Kennebec to Great Britain ; and 
the eastern Indians sought for peace with the English, and 
signed articles of friendship and submission to them. During 
this year, the boundary line between Massachusetts and Con- 
necticut was perambulated and marked out ; and soon after 
was accepted and confirmed as correct by both those govern- 
ments. 

After eighty years had elapsed from the first date of the 
English settlements in Massachusetts, the province had become 
respectable for its population, enterprise, intelligence and wealth. 
New England, and especially Massachusetts, by far the most 
extensive and populous, began to be regarded with interest, if 
not with jealousy, by foreign countries ; and the inhabitants 
manifested, on their part, a desire to be acquainted with the 
affairs of England and Europe, generally, as well as of the mid- 
dle and southern colonies in British America. Such increase 
of population and trade must naturally call for a publication, 
of the common character of newspapers. A paper of this kind 
was established in Boston, in 1704, printed by Samuel Greene, 
with the title of "Boston News-Letter." This paper was so 
much encouraged, that, in a few years, the number of sub- 
scribers was nearly one thousand. A second paper was pub- 
lished in 17-20, called the " Boston Gazette." The third was 
established in 1721, called the "New England Courant," and 
conducted by an older brother of the celebrated Benjamin 
Franklin. The clergy were described as bigoted and arbitrary, 
by the editor, or some writer in the paper ; and in 1722, the 
general court passed a severe censure upon it. 

The council exercised the supreme executive power of the 
province, for a short time, after the death ef Governor Dudley. 
William Tailer, the lieutenant governor, also performed the 
duty of chief magistrate, for a few months, at this period ; and 
in 1716, Governor Shute arrived from England, with a com- 
mission from the crown. He was a well educated man, of a 



98 HISTORY OF MASSACHUSETTS. 

mild spirit, and of accomplished manners ; and what particularly- 
rendered him acceptable to the people, was the attachment of 
himself and family to the dissenters. After he had been in the 
chair two years, he was eulogized, by some intelligent individ- 
uals, perhaps his personal friends, as a liberal and faithful magis- 
trate. Yet it appears he had some political enemies ; but 
towards them even, his behavior was conciliating and magnani- 
mous. It was high praise, to say of him, as one did, that the 
people would have chosen him for their governor, in preference 
to any native citizen. And yet, after he had been in the ad- 
ministration a few years more, he was engaged in a dispute 
with the House of Representatives, as to his right to negative 
their choice of speaker, and as to the encroachments made on 
the public lands, by which the spars, reserved by the crown for 
the English navy, were taken or destroyed by the people.* 

In 1717, Governor Shute met the sachems of several eastern 
tribes, at Arowsick Island, near the mouth of Kennebec River, 
and renewed the treaty of 1713 ; which was observed by them 
with a good degree of faith, for about five years, when they 
commenced hostilities in Maine, by the encouragement, if not 
at the direct instance of the French. The people, in the new 
settlements in that territory, were long exposed to the barbari- 
ties of the Indians, and suffered greatly in their property ; and 
many lives were lost in these savage attacks. It is justly a 
matter of surprise, that they attempted settlements far remote 
from all efficient and seasonable protection from the govern- 
ment, when the aboriginals had manifested such deadly hostility 
against them. There are no proofs that the people in that 
part of the country committed acts of injustice or aggression on 
the natives ; and there was no other cause to be assigned for 
their work of destruction, than that false statements were made 
to them of the views and designs of the English. f 

At this period, a fort w r as built on Georges River, a few 
leagues east of Pemaquid, for the protection of the settlements 
then extending in that part of the province. The Norridge- 
ivock and Penobscot tribes, aided, at times, by those of Passa- 
maquoddy, and of some within the limits of Canada, made fre- 
quent irruptions on the English settlements ; and although 
several treaties were made with them, from the year 1700 to 

* Cotton Mather said the people of Massachusetts were sincerely loyal at 
this time ; but they chose to show it rather by praying for the health of the 
king than by drinking it. 

t In a letter of Governor Shute to Ralle, the Jesuit, he says, " the Eng- 
lish had not entered on land without a fair and honest purchase of the In- 
dians, and that they had deeds to show for it." 



HISTORY OF MASSACHUSETTS. 99 

17-24, they disregarded them, as their spirit of revenge or de- 
sire for plunder, or a wish to gratify the catholic priests, prompt- 
ed. In 1724, an attack was made on them at Norridgewock, 
one of their chief places of rendezvous; many of them were, 
slain, and their fortress destroyed. From this period, they were 
far less feared, and appeared less disposed as well as less able 
to injure the English in that quarter. 

In his desire to retain the favor of the general court, or from 
his native mildness of character, Governor Shute consented to 
an act to lay a duty on West India products, on wines, on 
English manufactures, and on the tonnage of British vessels. 
For this, he was censured by the ministry in England, as not 
duly supporting the prerogative of the crown. The law was 
the more offensive to the English government, as it was passed 
on occasion, if not in retaliation, of an act of parliament, for 
raising a revenue in the province by imposts, which had always 
been opposed by Massachusetts. The general court rescinded 
the act, and acknowledged that the objections to the measure, 
by the British ministry, were just and proper. On the other 
hand, he maintained the prerogative and right of his sovereign 
very, decidedly ; and thus afterward exposed himself to censure 
in the province. He gave his negative, as he supposed the 
charter authorized, to one of the counsellors chosen by the 
general court. The latter insisted that he was duly elected, 
and therefore entitled to a seat at the council board. They 
said, they sent up the names of those they had chosen, for the 
information of the governor, rather than for his consent or con- 
currence. There was frequently a want of union and action 
between him and the representatives. On one occasion, he 
dissolved the house, for their opposition to his directions; and 
they adjourned for a week, without asking his consent, or giving 
him notice. They also appointed a time for a public fast, 
which had before been done by the governor and council ; 
and claimed the right of appointing some officers, which had 
always been the prerogative of the executive.* When he 
first entered on the administration of the government, he ap- 
proved of the paper money policy; but soon became satisfied 
of the evils it produced, and opposed it. 

When Governor Shute went to England, in 1723, he com- 

* When the governor issued a proclamation for the public fast, at this 
time, he said, "by the advice of council, and on motion of the house of repre- 
sentatives." But this did not conciliate them. They omitted Mr. Belcher, 
and others, from the council, because they were friends of the governor. In 
other instances, also, towards the close of his administration, the leaders in 
the house opposed him, pretending that he was disposed to support the 
prerogatives of the crown to the prejudice of the rights of the province. 
They also claimed the right to appoint the attorney general. 



100 HISTORY OF MASSACHUSETTS. 

plained of the conduct of the general court, for not taking suit- 
able measures to prevent the destruction and waste of the king's 
forests and spars, and for not submitting to his veto on their 
election of one of the counsellors. The general court employed 
an agent, Dr. Cook, of Boston, a distinguished advocate for 
the rights of the colonial government, to vindicate their conduct. 
There was a hearing before the king's privy council ; the gov- 
ernor was fully justified for his conduct, and the assembly of 
Massachusetts expressly censured. 

These proceedings of Massachusetts, with other previous 
acts, indicating a want of due submission to the parent govern- 
ment, as was alleged by the then administration, gave such 
dissatisfaction, that there was a proposition to withdraw the 
charter of 1692. Jeremiah Duminer, then an agent in Eng- 
land, from Massachusetts, and a man very eminent for his 
talents and learning, defended the province with great ability. 
He did not, however, justify the general court in all the mea- 
sures, of which Governor Shute complained. He pleaded, 
that the powers delegated by the charter had seldom been ex- 
ceeded by the government, and that, although these were vari- 
ous and extensive, they were necessary for the welfare . and 
prosperity of the province.* The charter was saved; but an 
explanatory article was added, by which the king's right, by 
his governor, to negative the election of the counsellors, was 
expressly asserted and declared. In the absence of Governor 
Shute, William Dummer, the lieutenant governor, filled the 
chair, with fidelity and ability. In 1723, a fort was erected 
on Connecticut river, near the boundary line of Massachusetts 
and New Hampshire, and called fort Dummer, in honor of the 
lieutenant governor. It was also after the return of Governor 
Shute to England, while Mr. Dummer acted as chief magis- 
rate, that a treaty was made with the eastern tribes of Indi- 
ans, which gave peace and security to the inhabitants in Maine. j" 

* He contended that its withdrawal, or a material diminution of powers, 
would be great injustice, when the sufferings, efforts, and sacrifices, of the 
inhabitants, and their fathers, were considered; that the authority exer- 
cised in the province was no more than belonged to British subjects, and 
was necessary, as the people were not represented in parliament. Similar 
considerations were urged in 1691, by Bishop Burnet, father of Governor 
Burnet, who said in the House of Lords, "that the charters of the colonies 
in New England were far more sacred than of corporations in England, as 
the former were contracts with the patentees; they promised to enlarge the 
king's dominions, if they could have certain privileges; they had perform- 
ed their part of the contract; and if the king did "not fulfil his pait, it 
would be manifest injustice." 

t When the chii d if they would be responsible for the good 

conduct of the young men ol bes, they said "they would answer 

for them when they were not intoxicated.'' 



HISTORY OF MASSACHUSETTS. 101 

In 1725, Capt. Lovell, of Dunstable, made an attack on the 
Indians at Pigwackett, on Saco River, about thirty miles west 
of Portland. He made a bold assault on them; but they were 
very numerous, and he and his men were overpowered. Most 
of the party were slain, or mortally wounded. It was consid- 
ered a very heroic adventure ; and provision was made for the 
relief of the families of those who were slain on that occasion. 
So much were the people harassed on the frontier settlements, 
at this time, that agents were sent to Montreal, from Massa- 
chusetts, to prevail with the French to prevent the hostilities 
of the Indians. 

The power of the clergy appears to have been less, at this 
period, than in the early days of the colony. At their annual 
convention, in 1725, they proposed, that a synod should be 
called, to take into consideration the religious state of the coun- 
try; but the general court, whose consent was deemed proper, 
and by whose order or advice former synods had been con- 
vened, declined giving their countenance to the proposal. 
Many of the laity had become jealous of ecclesiastical power ; 
and, perhaps, the disapprobation, with which the proposed 
measure was viewed by the British ministry, prevailed with 
some in the province to object to it.* 

The year 1727 was memorable for a severe earthquake in 
New England, which was felt as far as Delaware. This was 
the third in the country, noticed in the records of rare occur- 
rences, which excited great alarm. But other small shocks 
had been experienced, during a period of seventy or eighty 
years. 

* A writer of this period, however, represents the clergy to be catholic, 
" making the basis for union vital and substantial piety, in which all good 
men might join. The terms of communion run parallel with the terms of 
salvation. Presbyterians, Lutherans, Anabaptists, Episcopalians, &c, 
meet together at the same table of the Lord." 



12 



CHAPTER VII. 



Governor Burnet— His Character— Dispute with General Court, about his 
salary — Governor Belcher — His Character — At first very popular — Paper 
Money depreciated — Occasion of long embarrassments — Parties — Oppo- 
sition to Governor Belcher — Naval Officer removed by the King, 
and not by the Governor — Expedition to the West Indies — Line 
between Massachusetts and New Hampshire run — Line run between 
Rhode Island — Governor Shirley — His Character — War between Eng- 
land and France — Disputes and contests with Eastern Indians — Expedi- 
tion to Louisbourg — successful — New England threatened by the French 
— Plans against Canada, and Nova Scotia — Peace, and troops recalled 
from Nova Scotia — Impressments in Boston, and Riots — Plan for Bishops 
in America — Paper Money redeemed, and discontinued — Reimburse- 
ments from England — Society for Industry and Economy — Clergy — 
Eastern Indians — British Prohibitions on Trade — Agent in England — 
Heavy Taxes — Commerce. 

In 1728, Mr. Burnet, who had been Governor, both of 
New York and New Jersey, received a commission from the 
king, to be commander-in-chief of Massachusetts. He was a 
son of Bishop Burnet, and had the reputation of being a great 
scholar and an elegant writer. His administration was short ; but 
so unpleasant, as to have given him great anxiety and vexa- 
tion. He was fond of parade, but of an amiable temper; and 
yet was engaged in controversy with the general court, on the 
vexed question, which before and long after excited the strong- 
est feelings, among political characters. This was the sub- 
ject of a stated salary for the governor. It appears that he 
made it a point of importance to be settled when he first 
received the royal commission. It was the principal theme of 
his communications with the representatives ; and in so doing 
he only obeyed the instructions of the king. The house 
declined establishing a salary, as recommended ; and the ma- 
jority of the counsellors agreed with them in their non-compli- 
ance. A grant, however, was made him, as had been to for- 
mer governors, to meet the expenses of his station. The 
amount was £1700, to defray the expenses of his journey 
from New York, and for his support during the year. 

The dispute was maintained with warmth and obstinacy, 
both by the governor and the representatives ; the former was 
probably influenced by pride of opinion, rather than avarice ; 



HISTORY OF MASSACHUSETTS. 103 

and the latter appear to have acted from a regard to the rights 
of the people. The House insisted, that by their charter, and 
by virtue of their common rights as Englishmen, it rested with 
them to raise money, to what amount and for what purpose 
they chose ; and that they did not perceive that the welfare of 
the people, or the due support of government, required them 
to establish a salary for the chief magistrate. They appealed 
to the several towns in the province, and received the support 
of their constituents in the course they had adopted ; but the 
council, at this time, was on the side of the governor. He 
removed the court to Salem, in the belief that the country 
members were too much influenced by the people of Boston, 
in voting on the subject ; and he complained i( that their con- 
duct savored too much of republicanism." He suffered him- 
self to be greatly excited by the controversy ; and it was sup- 
posed that his anxiety was so extreme as to have impaired his 
health. He died at Boston, in 1729, when he had been in the 
chair less than two years. 

This controversy afforded evidence of the unhappy effects 
of supporting, with pertinacity and bitterness, the measures of 
a political character, which might be as well settled by argu- 
ment and good temper. The governor did no more than to 
obey the instructions of the king, except that he had resolved 
to carry the point, in opposition to the will of the House. On 
their part, it was a question of supposed right and a measure 
identified with political liberty. They had been nursed in the 
arms of freedom, and felt that their sacrifices and struggles had 
given them a just claim to all the authority necessary to self- 
government ; saving always their allegiance to the crown ; 
which, as they usually interpreted it, meant little more than a 
bare acknowledgment.* 

Governor Belcher was commissioned in 1730. He was a 
native of the province, a graduate of Harvard College; and 
his father was a merchant of eminence in Boston. He was 
some time in England, where he had an opportunity of a per- 
sonal acquaintance with men high in authority at that period. 
After he came into office, there was not so much of violent 
party disputes as had been a short time before ; though his 
political views did not differ much from those of his predecessor. 

* At the completion of a century from the first settlement of Massachu- 
setts, its population was estimated at 120,000. The number of vessels of all 
descriptions was 600 ; about half of which traded to Europe and the West 
India Islands. And the other moiety was engaged in the fishery, which 
"was followed on the coast of Nova Scotia, and eastward ; and nearly 6000 
men were employed on the ocean. These were proofs of prosperity, not- 
withstanding the heavy taxes growing out of the numerous wars with the 
French and Indians. 



104 HISTORY OF MASSACHUSETTS. 

The general court might have become discouraged from keep- 
ing up the contest with the king and his ministers, as in several 
points they had been obliged to yield; and the governor, from 
motives of policy, might have chosen to avoid all harshness in 
the disputes which should arise. He made an effort, however, 
to persuade the representatives to provide a stated salary for 
him, which his directions from the king required ; but as they 
still declined it, he accepted a compensation by way of grants ; 
and in this the court were more liberal to him than they had 
been to others, except his immediate predecessor, with whom 
they had an obstinate contest to the last. Governor Belcher 
had the consent of the king to accept of a compensation in this 
manner. 

But Mr. Belcher had political opponents from other consid- 
erations. The difficulties growing out of the paper money 
system had been increasing lor several years ; and though the 
embarrassments which it created were great and extensive, no 
relief had been provided. The bills, issued from time to time, 
were to a large nominal amount, but they had greatly depre- 
ciated, and thus injured the public credit, and produced much 
evil in the common transactions and business of society. Pro- 
jects were offered for a public bank, and also for individuals to 
issue bills, which should be redeemed by specie when they be- 
came due, and the market value of land was to be the standard 
by which the paper was to be estimated. Parties were thus 
formed, which soon became of a political character ; for, as a 
governor, or the members of the general court were for the 
bank, or opposed to it, and for some other project, so were they 
popular or unpopular with each class or party of the people. 

These projects grew out of the great amount of paper in 
circulation, issued on several occasions, when the taxes could 
not be paid ; and were intended to introduce a specie currency, 
and thus gradually to redeem the bills of the government. But 
none of these plans proved successful, or afforded the remedy 
desired. As there were different schemes to effect the same 
object, each had its advocates, as patriotism in some and specu- 
lation in others, perhaps, prompted. The consequence was, 
as before suggested, that parties were formed, from selfish 
motives ; which added to those of older standing, and wholly 
of a political character. This state of things continued through 
the administrations of Shute, Burnet, Belcher, and of a part of 
that of Shirley ; and served to render the office of chief magis- 
trate exceedingly difficult to sustain, with peace to himself, or 
the approbation of the people. The paper system had been 
so long maintained, and being supposed to operate to the relief 



HISTORY OF MASSACHUSETTS. 105 

of the inhabitants, as some interested individuals represented it, 
that it was unpopular to oppose it, though it was constantly 
becoming more inefficient for the purpose for which it was first 
introduced. Parliament at length interfered, and prohibited 
the circulation of paper money in the province, probably on 
representation of the governors, who thought the system should 
be put down, and which the general court was not disposed or 
able to do. This produced a great clamor with certain classes 
of politicians, and with a great portion of the people, who be- 
lieved it would be oppressive to be denied the privilege of pay- 
ing their debts in paper, as they had long done. An objection 
was also made, as to the short time the bills were to be prohib- 
ited circulation after the act of parliament was passed. 
Though no bills were issued after this law of the parent gov- 
ernment, they were still continued in circulation, as all means 
proposed to call them in and redeem them failed, till several 
years later, when large sums were allowed and sent into the 
province, as a reimbursement, by the British government, for 
the expenses of the expedition against Louisbourg, in which 
Massachusetts took an important and honorable part. 

Governor Belcher was accused of contending for the pre- 
rogative of the crown, and of attempts to magnify his office, 
as the representative of the king ; but no acts of oppression 
could be specified, nor did he push his authority as the royal 
agent, beyond due bounds. There were times when the 
leaders of the popular party applauded his conduct and sought 
his power ; and yet on other occasions they opposed and 
censured him. When the subject of his salary or compensa- 
tion was debated, they readily voted £1000 sterling; but 
declined making it permanent. The council proposed to add, 
for future years, so long as he should continue in office ; but 
the house of representatives objected, though an intimation 
was given by them that they should vote the same as long as 
he was in the chair, since he had proved himself a zealous 
friend of the province. The popular favor then, as at all 
other periods, was uncertain and fluctuating. It was the mis- 
fortune of Governor Belcher, not to have bis worth and his 
services duly appreciated, till his public life had closed. On 
a candid review of his public as well as private conduct, it 
will be found to have been disinterested and patriotic. The 
heaviest charge against him was that he appointed several of 
his political friends and supporters to office ; and in a few in- 
stances removed others, to provide for them. A singular act, on 
the part of the king, took place during Mr. Belcher's adminis- 
tration. He ordered the removal of a Mr. Lyde, son-in-law 



106 HISTORY OF MASSACHUSETTS. 

of the governor, from being naval officer, and to whom no 
serious objections could be made. The case was without a 
parallel ; as the governor had always the privilege to nominate 
for office. Mr. Belcher did not choose to risk the displeasure 
of the king, by making objections in this case. Nor does it 
appear what could have prompted this measure in the king ; 
for the governor was ever considered faithful to the crown. His 
right to remove from office, especially from judicial office, 
which he claimed and exercised on first coming into the chair, 
was strenuously opposed by Mr. Read, an eminent lawyer 
and one of the council ; and by his influence the board refused 
to consent to such appointments. 

In 1739, England declared war against Spain, and a very 
large fleet sailed the next year, for the West Indies. A re- 
quisition was made on the colonies for four regiments to assist 
in the expedition. Massachusetts furnished 500 men ; who, 
while in that warm latitude, were attacked by a mortal disease, 
and not more than 50 lived to return. The expenses on this 
occasion to the province amounted to £35,000 old tenor, 
being then equal to £7000 sterling. The wages and cloth- 
ing of the men were at the expense of the crown, but the 
province furnished transports and provisions. The number 
first required was 1000. And the General Court voted to 
enlist them. But when the time arrived for their sailing, the 
arms promised by England, had not been received ; and, 
though 1000 were raised and a bounty given them, yet only 
500 embarked. 

In the time of Governor Belcher, the dispute was revived 
respecting the boundary line between Massachusetts and New 
Hampshire. His duty was the more delicate and his conduct 
the more closely criticised, as he was then chief magistrate of 
both jurisdictions. The line had been run many years before, 
according to the wishes of Massachusetts ; when it was de- 
cided that, beginning at a point three miles north of the mouth 
of Merrimac River, as mentioned in the patent, the course 
should be up the river to its source, far to the north west, as the 
northern bounds ; and thence eastward to the ocean. This 
was always considered an arbitrary decision, and not warranted 
by the patent. It was now decided, by commissioners from 
the neighboring colonies, as Massachusetts declined having it 
settled in England, that the line should begin as before settled, 
and run about thirty miles on the north of the river to a 
point where it takes almost a direct northerly direction, and 
then to cross the river and proceed westerly. By this deter- 
mination Massachusetts lost a large tract which it had long 



HISTORY OF MASSACHUSETTS. 107 

claimed, but in the opinion of impartial judges with little 
justice ; and Governor Belcher failed not to receive much 
censure in the affair. But there was really no impropriety in 
his conduct, relating to the decision of this question. 

It was in the following year, or 1741, that the line was also 
run and settled between the old colony of Plymouth, then a 
part of Massachusetts, and Rhode Island. The patent to 
that colony, like many other of the royal grants, interfered 
both with Plymouth and Massachusetts, as it was sometimes 
interpreted. In the decision at this time had, the towns of 
Tiverton, Compton, Bristol, and part of Swanzey and Bar- 
rington which had been previously claimed by Plymouth, 
were allotted to Rhode Island. It was difficult to find any 
reasons for this judgment, from an examination of the terms of 
the Plymouth patent ; and it was believed that there was some 
influence arising from the consideration, that Rhode Island 
was of small extent, while the territory of Massachusetts was 
already very large. 

Governor Belcher was recalled in 1740, in consequence of 
some complaints preferred aginst him by political enemies ; 
but the charges could not be supported ; and the more his 
conduct and measures were scanned, the more favorable was 
the public opinion with regard to him. He proved himself 
faithful to the king, without encroaching on the rights, or dis- 
regarding the interests of the province. The clergy gave him 
a high character both for piety and liberality. He was a 
member of a congregational church, but was catholic in his 
treatment of Episcopalians. 

Mr. Shirley came into office, as Governor of Massachusetts, 
in 1741. He was born and educated in England ; but had 
resided some time in Boston, where he was engaged in the 
profession of the law. In that occupation he gave evidence 
of talents ; and afterwards displayed good judgment and de- 
cision both in political and military affairs. When he was 
appointed Governor, the province was oppressed with a 
heavy debt, and the embarrassments produced by the paper 
money policy were felt by all classes of people. He had 
also the same difficulty to encounter, in supporting the preroga- 
tives of the crown, which had often given his predecessors 
much trouble. In these circumstances, it required great 
talents, firmness and moderation to avoid censure. It was his 
policy, or his measures tended, to set the parties then in the 
province in warm opposition to each other, and thus to pre- 
vent angry disputes between himself and the General Court. 
If this were his purpose, he probably was sometimes justly 



108 History of Massachusetts. 

chargab e with temporizing ; but he was uniform in his oppo- 
sition to the paper money system, which was producing both 
public and private evil, and always conducted as a faithful 
servant of the king, and giving as little offence as his duty to 
him would allow. 

A few years after Shirley was placed at the head of the 
province, in 1744 war commenced between England, and 
France. The war immediately preceding this was termin- 
ated by the treaty of Utrecht in 1713 ; and however it might 
have been observed in Europe, it was often violated by the 
French in North America. One cause of this, perhaps, was 
the controversy as to the true bounds between the French 
and English settlements. The French laid claim to Acadie, 
which not only comprised Nova Scotia but included the terri- 
tory westward as far as Penobscot and even Kennebec. And 
it was the policy of the French government to check the 
growing settlements of the English in New England, by in- 
stigating the Indians to attack them. 

This declaration of war was not indeed placing the people 
of Massachusetts in an entirely novel situation ; for during 
the previous half century those two European powers had 
frequently been engaged in hostility with each other ; and 
their colonies in North America were drawn into the contest. 
But the British and provincial troops had not acted together. 
Massachusetts had promptly provided for her own defence, 
when attacked by the French and Indians, without waiting 
for assistance or direction from England. Not only did they 
bear the expense of settling and enlarging the colony, but 
they paid the cost of all measures of defence against the in- 
vaders for many years ; and yet when requisitions were made 
on the province, it furnished men and provisions in the*expedi- 
tions against Canada and Nova Scotia, at a former period 
They were always ready to join the parent government against 
the common enemy of both ; though they claimed the right 
of free action in the case, and generally provided for the pay- 
ment of the men thus employed. 

At the commencement of the war, in 1744, the French 
discovered a determination to take possession of Nova Scotia ; 
one place was soon attacked and captured ; and Port Royal, 
or Annapolis, was the principal fortress which could check 
them. It was then protected by troops from Massachusetts, 
who had bravely defended it against repeated attacks. This 
exposure led to a plan, suggested or early encouraged by 
Governor Shirley, for the destruction of Louisbourg in the 
Island of Cape Breton, which was then a shelter and a place 
of preparation and rendezvous for the French fleet. 



HISTORY OF MASSACHUSETTS. 109 

This was an enterprise of no ordinary daring ; but it was 
vigorously and successfully prosecuted, to the great glory of 
the victors, and especially to Massachusetts, whose troops 
bore an honorable and an essential part in the expedition. It 
was fitted out from Boston towards the close of March, 1745 ; 
and consisted of 3200 men from Massachusetts, 500 from 
Connecticut and 300 from New Hampshire. The naval pro- 
vincial force consisted of ten vessels, the two largest of which 
had twenty guns each. The troops were commanded by 
General Pepperrell of Massachusetts,* and they arrived at 
Cape Breton the last of April. The naval force was joined 
by a British fleet under command of Admiral Warren, near 
the place of destination. After proper and efficient prepara- 
tions, the strong port of Louisbourg, defended by 2000 men, 
650 of whom were regular troops, was taken on the 17th of 
June. The French lost 300 men ; and of the English and 
provincial troops 100 were slain, and 30 died by sickness. 
The results of this victory were highly important, as a prin- 
cipal resting place for the French fleet in that quarter was 
wrested from the enemy. The plans and instructions of 
Governor Shirley to General Pepperell indicated correct and 
comprehensive views. General Pepperell conducted with great 
energy and bravery, and the troops behaved with the steady 
courage of veterans. The parent government felt and ac- 
knowledged the great merit of the expedition, and soon after 
voted to reimburse the expenses which the province had in- 
curred. But, unfortunately, it engendered a jealousy in Eng- 
land of the growing power of Massachusetts, which dictated 
measures to prevent its political advancement. 

This bold enterprise was planned in the winter of 1744—5, 
when it was expected the French would make an attack on 
Annapolis, and endeavor to gain possession of all Acadie. In 
this expectation, Massachusetts had previously sent 200 men 
to retain that important place; and they bravely defended it 
against a large French force, by which it was attacked. The 
governor was obstinately opposed in this project for several 
months, by the house of representatives, who thought it would 
not only be of great expense to the province, but must prove 
unsuccessful, from the strong fortress which was kept at 
Louisbourg. It was treated as a most desperate enterprise. 
The house finally voted for the measure by only one majority, 
after long discussion ; and the merchants, and those concerned 

* General Waldo, of Massachusetts, and General Wolcott of Connecticut 
were next in command. Rhode Island and Connecticut had some vessels in 
the expedition, but were late in arriving. 
13 



HO HISTOKY OF MASSACHUSETTS. 

in the fishery on the eastern coasts of Nova Scotia, had petition- 
ed in favor of it. The intelligence of the conquest was the 
occasion of great rejoicings ; and those who had opposed, 
joined in applauding both the projectors and the actors in the 
wonderful achievement.* But instead of terminating the diffi- 
culties and dangers which beset the province, the defeat of the 
French, on this occasion, provoked them to greater preparations 
and efforts against the English, especially the colonies in New 
England, which they threatened to invade and conquer. They 
not only resolved to regain Cape Breton and Acadie, but to 
attack and annoy, as they might be able, all the English set- 
tlements on the Atlantic. At the same time, the British gov- 
ernment proposed to make an attack on Canada, and to drive 
the French from that country, whence they were ever menacing 
and making sallies against the New England colonies. It was 
determined to send out a formidable naval force, with other 
troops, which were to be aided by men from the provinces. 
Massachusetts, as in all similar projects, at this period, was 
called upon for the largest number ; and these were seasonably 
raised, through the zealous efforts of Governor Shirley, though 
it was a great burden to the people, who had long been subject 
to requisitions, both of men and money. But with all these 
plans and preparations, very little was accomplished, by either 
contending power. The threatened attacks of the French were 
prevented, by unfavorable weather, as well as from various 
opinions as to the specific enterprises to be undertaken ; and 
yet the fear of a hostile visit to New England gave the people 
great anxiety, and created much expense. The British admin- 
istration was charged by Massachusetts, with disregard of the 
welfare of the colonies, and want of proper energy, on this 
occasion. It failed to fulfil its plans of attacking Canada; and 
when the French fleet sailed, it made no preparations to pursue 
it. When it was found that the expected expeditions, both of 
France and England, had failed, it was concluded by the north- 
ern provinces to make an attack on the French at Crown 
Point. On this occasion, 1500 men marched from Massachu- 
setts as far as Albany ; but it was late in the season, and 
nothing important was effected. At the same time, on intelli- 
gence of a projected invasion of Acadie, by the Canadians and 
Indians, the governor sent 600 men, for the protection of 
Annapolis, which it was deemed very important to keep from 
the common enemy, both of England and the provinces. But, 

In 1745, there were unusual complaints of the prevalence of intemper- 
ance ; and it was represented as a great bane to the settlements. 



HISTORY OF MASSACHUSETTS. Ill 

though Annapolis was preserved, the Canadians remained in 
Nova Scotia ; and it was deemed necessary to send more men 
to that territory. These sailed in the winter, and suffered much 
by severe cold and storms. One transport was wrecked, and 
those who landed were in a condition of great exposure ; the 
French surprised them, slew upwards of one hundred, and cap- 
tured the remainder of the party. The Massachusetts troops 
in Nova Scotia were disbanded in September, 1747 ; and 
peace soon followed between England and France ; but the 
expense of these military enterprises added greatly to the debts 
of the province. Soon after the peace of 1748-9, Governor 
Shirley was appointed a commissioner on the part of England, 
to proceed to Paris, and assist in settling the boundary lines 
between the French and English colonies in America. When 
he received this appointment, he was in England, whither he 
had repaired on business, both of a public and personal nature. 
As a commissioner, he conducted with perfect integrity, and 
much ability. He returned to America in 1753, to resume the 
office of governor of Massachusetts. Spencer Phipps was 
lieutenant governor during this period. 

During the year 1747, a riot occurred in Boston, on account 
of the impressment of several of the citizens, all or most of 
them respectable mechanics, by the commander of a British 
squadron, then in the harbor. It continued with little suspen- 
sion for several days ; and displayed that trait of character in 
the people, an indignant impatience of arbitrary power, which 
was afterwards manifested in more disastrous results. The act 
of impressment, though not a singular occurrence, was not justi- 
fied or even excused, except in cases of great emergency. No 
such excuse could then be given ; and the pretext was, that 
some of the crew had deserted. The great body of the people 
were much excited. They seized some of the British officers, 
who were found on shore; and when the governor interfered, 
for the preservation of the peace, he was also treated with dis- 
respect and rudeness. So riotous were the people, that they 
attacked the house of the governor, and threatened personal 
violence. They were, however, persuaded to disperse ; and yet 
the following night, believing himself in danger, he retired to 
the castle. The more judicious and sober part of the town, as 
much opposed, however, to the unjustifiable conduct of the 
naval commander, as the other citizens, used their influence to 
preserve the public peace ; and tranquillity was restored. For 
four or five days, it was not safe for the naval officers to appear 
in the streets ; and all who advocated them, were rebuked and 
threatened. 



112 HISTORY OF MASSACHUSETTS. 

Soon after Governor Shirley went to England, in 1749, there 
was a plan for establishing bishops in the American provinces. 
The intelligence gave great alarm, particularly to the inhabi- 
tants of Massachusetts, and of the other New England colonies, 
who were strongly attached to the congregational system, and 
much opposed to the episcopal form of church government. 
There was no proof, however, that Gevernor Shirley originated 
or urged the plan ; and his general charactor for honesty and 
frankness forbid the supposition. He had a controversy with 
the general court, as several of his predecessors had, respecting 
his salary ; but he was not unfriendly to the clergy of the prov- 
ince. It was natural, that the descendants of the puritans and 
nonconformists of 1630, and of 1663, should be averse from 
episcopal domination ; and that those who were of the church 
of England should be suspected of plans to extend their power. . 
A similar proposition had been made more than thirty years 
before ; and the society for propagating the gospel in New 
England, composed of Episcopalians, by locating their mission- 
aries where congregational ministers resided, seem to have 
judged that none but those of their communion were duly 
authorized to preach the christian religion. There is abundant 
proof, from the records of past times, that the dominant party 
have generally been intolerant and exclusive. 

The disputes and the embarrassments, of which the paper 
money system, for a long time, had been the occasion, and for 
a relief from which various projects had been presented in vain, 
were brought to a close, by receiving the sum granted to Mas- 
sachusetts, as a reimbursement of expenses in the expedition to 
Cape Breton, and that projected to Canada the year after. In 
1747, it was ordered by parliament to reimburse those expenses 
of the province ; and in 1749, the amount appropriated was 
paid, through the agent, Mr. Bollan. The claim amounted to 
nearly £262,000, in bills of the new emission, but the sterling 
value was £184,000, the exchange being £142,10 for £100. 
Such was the relative value in 1744, when the new emission 
was made; but, before the reimbursement was ordered, it was 
£250, for £100, and for the old bills it was as great as £1000 
for £100. The sum allowed by the parliament was generally 
considered to be liberal, but it did not give the ability to redeem 
all the paper issued by the province, and then in circulation, 
To meet the balance, a tax was ordered to be raised of 
£75,000, payable in paper, at the rate of exchange above 
stated. Various projects had been offered before to put an end 
to the mischiefs of the paper money system, but they had 
failed ; because of different views, as to the best mode of effect- 



HISTORY OF MASSACHUSETTS. 113 

ing it ; because speculators were interested in having such a 
currency ; and because the people, through a strange misappre- 
hension, supposed the abolishment of the system would be 
injurious to them. 

One great cause of the opposition to the plan of stopping 
the emission of paper money, and introducing specie currency, 
was to be found in a jealousy of the king's prerogative.* The 
parent government was desirous of checking the paper curren- 
cy, not from arbitrary views, but from a wise regard to the 
prosperity of the province. And the governors had instruc- 
tions to give their negative to all bills for their increase or con- 
tinuance. The representatives considered this an improper 
interference with the internal affairs of the province ; finding 
immediate relief from the policy, to the common people, as 
was alleged, they insisted on extending and supporting the 
system. This was an unfounded jealousy ; and soon after the 
discontinuance of paper money, the people became satisfied 
both of the justice and expediency of the measure.f 

It is in the strong religious character of the first and early 
inhabitants of Massachusetts, that one finds the chief cause of 
the efforts they made to promote industry and sobriety through 
the community. Sometimes, perhaps, their legislation was an 
improper interference with individual rights. Such might have 
been a sumptuary law, which was passed in the early days of 
the colony. There could not be the same objection to a society, 
formed in 1749, for the promotion of industry. J As much is 
effected by example and combined effort, such an association 



* It was not that the prerogative of the crown was in all cases denied. 
In professions, at least, it was admitted. But the general court undertook 
sometimes to limit it, or to judge of its propriety. As in the case of the 
paper money, they contended it was a matter of internal policy, of the ex- 
pediency of which they were to decide ; and therefore objected to the 
royal instructions for prohibiting its issuing and circulation. When the 
act of the general assembly was passed, after long debate, according to the 
instructions of the king, and the will of parliament, there was an exception 
in the event of invasion, and for the current expenses of the year. 

t During the paper money system, especially when attempts were made 
to abolish it, and introduce a specie currency, the parties in the province 
were known rather as debtors and creditors, than as whigs and tories. And 
the debtors were far more numerous than the creditors, which furnishes the 
reason that the bills were kept so long in circulation, and were at last given 
up with so much reluctance. 

+ The repeated wars, for several years, had not only diminished, or re- 
tarded the natural increase of the population of the province, but served to 
introduce a habit of idleness, with those who had been engaged in similar 
affairs ; and this was the immediate occasion of the formation of such a 
society. 



114 HISTORY OF MASSACHUSETTS. 

was probably attended by beneficial results to the state.* The 
clergy gave their efficient aid for this laudable purpose .f The 
act passed the same year, to prevent vexatious law suits, was 
more directly the policy of the civil rulers ; and yet it might 
have been as useful as the encouragement of industry. The 
principles and the institutions of the pious founders of the 
colony were revered by their children, for many generations; 
and their good influence has continued, in a great measure, 
through a period of two hundred years. 

The treaty, concluded in 1748-9, though it suspended all 
hostilities, on the part of the French, against the British settle- 
ments in America, did not wholly restrain the Indians. Written 
treaties do not always control their conduct. A remembrance 
of real or pretended injuries of former times, often excited a 
spirit of revenge, which spent itself wherever there were objects 
of its hatred. The eastern frontiers were supposed to be still 
in danger, and nearly five hundred troops were kept in service, 
until assurances should be given of a friendly disposition in the 
Norridgewock and Penobscot tribes. In course of the sum- 
mer of 1749, these tribes sent delegates to Boston, to propose 
terms of peace; which, in October following, were settled at 
Falmouth. The St. Francois tribe was also represented at 
this meeting ; for it generally acted in concert with the other 
two. The treaty, made with them in 1726, by Lieutenant 
Governor Dummer, was the basis of the present convention. 
By the instrument, which was signed, they promised to live in 
peace with the English in that quarter, reserving the lands not 
sold and conveyed already, and the privilege of hunting and 
fishing where they might choose. They also agreed, that trade 

In 1753, on the anniversary of the society for promoting industry, three 
hundred females of Boston assembled on the common with spinning wheels. 
They were neatly attired, in cloth of their own manufacture; and a great 
croud of spectators collected to witness the scene. 

t The congregational form of church government was, in effect, the estab- 
lished ecclesiastical system in Massachusetts. It was the only form sup- 
ported or tolerated for the first fifty years ; and the towns were required to 
settle and maintain ministers of that communion. Afterwards, laws were 
made more favorable to Episcopalians, to Anabaptists and to Quakers. But 
the first laws only provided to exempt the polls, while the estate was taxed 
tor the support of the congregational clergy. The civil authority favored 
the congregational churches, and none others, till the parent government 
required that different denominations should be tolerated and protected. 
A more catholic spirit was beginning to prevail, at this period, and there 
were less denunciations of opposing sects, except that the papists were con- 
demned as wholly antichristian. Most of the clergy were poor; and, as 
might, therefore, be expected, had little time for literary pursuits; but there 
were some among them who were laborious students and learned theo- 
logians. 



HISTORY OF MASSACHUSETTS. 115 

should be regulated by Massachusetts, and that they would 
submit to the laws of that jurisdiction. 

Complaints continued to be made against Massachusetts, 
both by the ministry and a portion of the merchants in England, 
for disregarding the regulations of trade, as enjoined by the 
parent government. There was just cause for these com- 
plaints, in many instances, of evading the payment of duties. 
For there was such a general impression, that these acts of parlia- 
ment for raising a revenue chiefly for the benefit of England, while 
the province had a debt and current expenses of its own to meet, 
were unjust, that they were evaded, when it could be done, 
with impunity. To the charge of disregarding the restrictive 
parts of those laws, prohibiting trade with French, Spanish, and 
Portuguese ports, the general court and people of Massachu- 
setts replied, that it was an oppressive regulation, and operated 
greatly to their injury. But the British government insisted 
upon its right to legislate, in this respect, over the colonies ; 
and it was for the benefit of England to have the whole colonial 
trade centre in that kingdom. The chief object with the British 
ministry was the prosperity and wealth of old England; the 
growth of the colonies was quite a secondary consideration, 
farther than they could be made to minister to the resources of 
that country. This was long an occasion of dispute and diffi- 
culty between Great Britain and her colonies on the American 
continent ; and was one of the causes which afterwards led to 
the contest, which issued in their independence. It was gen- 
erally admitted, that parliament had the right to regulate 
foreign trade, though this was not always granted, as the regu- 
lations operated against the prosperity of the colonies; but 
when the revenue was ordered to be entirely for the benefit of 
England, the right was denied, or its exercise represented as 
oppressive and unjust in its effects. For this was said to be the 
same as laying taxes on the people in the colonies, for the support 
of the parent government, when they were not represented in 
the legislative body which made the laws for levying them. 
And this was a principle which they always opposed as arbi- 
trary, and to which they appeared resolved never to submit. 
At this period, and in this state of opinion in both countries, 
the ministry adopted or revived the policy of obliging the 
colonies to receive all their cloths, and other products of foreign 
'importation, from England; and discouraged the introduction 
or extension of manufactures into America. The manufacture 
of iron into nails was prohibited, though there were materials 
in the country. There were then four such manufactories in 



116 HISTORY OF MASSACHUSETTS. 

Massachusetts, two in Middleborough, one at Hanover, and 
one at Milton. 

Massachusetts usually employed an agent in England, to 
represent the wants and condition of the province, and to be 
ready to answer such complaints as might be made against it, 
by its jealous or interested enemies. He was active in obtain- 
ing a reimbursement, by parliament, of the expenses of the 
province in the expeditions against Louisbourg and Crown 
Point; and at all times had the reputation of an able and faith- 
ful agent. He was also instructed to solicit aid for supporting 
the forts on the frontiers, to pray for exemption from impress- 
ments, and to prevail with the British government to direct, 
that, in future wars, the colonies should bear their respective 
proportions of the expense. 

The spirit of the people of Massachusetts, at this era, and 
their promptness to assume the character of soldiers, when the 
province was in danger, were often displayed. When sum- 
moned by the king, or their more immediate rulers, to go forth 
against the enemies of the country, they readily obeyed ; and 
when the^hour of danger was over, with a few exceptions, they 
returned to their homes and resumed their common occupa- 
tions. In 1747, there was a report spread through the pro- 
vince, that a large French fleet had been fitted out to invade 
the coasts of New England, and to make an attack on Boston. 
The rumor in the interior was, that they were already on the 
coasts. A large body of the militia, estimated at six thousand 
five hundred, assembled in the capital, as soon as the report 
reached them, duly equipped, with fourteen days provisions ; 
and some of them marched seventy miles. 

The numerous and expensive military enterprises, which 
were undertaken during several years, necessarily produced 
heavy taxes, though England had made allowances for a part 
of the expenses of two of these expeditions. The tax of the 
province, in 1748, was £415,512, old tenor, or £41,550 sterl- 
ing. Of this sum, Boston paid £65,520, or £6,550 sterling. 
The whole number of inhabitants was estimated at 160,000; 
and Boston contained 16,000 of the whole. A calculation was 
afterwards made, on the subject of the increase of population 
of New England, when the opinion was given, that it doubled 
in twenty or twenty-five years. But this was not the fact from 
1690 to 1750, in consequence of the loss of lives, in the many 
wars in that period of years. 

There were two collectors of the customs, arising from im- 
portations and foreign tonnage, one in Boston and one in 
Salem. For the year 1748, the number of vessels cleared at 



HISTORY OF MASSACHUSETTS. 



117 



each of those ports, was as follows : At Boston, 540 foreign 
vessels, and of American vessels for foreign voyages, 491: at 
Salem, 131 vessels were cleared for foreign voyages. Large 
quantities of rum were manufactured in Massachusetts, at this 
time; according to some statements, fifteen thousand hogsheads 
annually. It was partly consumed in the province, and much 
exported to the southern colonies, to Nova Scotia and New- 
foundland, and to the coasts of Guinea. 



14 



CHAPTER VIII. 



Gov. Shirley returns — Lt. Gov. Phipps — Indians hostile — Forts built on 
Kennebec — Treaty with six nations — Proposal of a union of the Colonies 
— Heavy taxes — Excise proposed — Printer imprisoned for a libel — Further 
preparations for war — Expedition to Nova Scotia and against Canada 
unsuccessful — Opposers of Shirley — Expedition to Oswego, and to Crown 
Point — Earthquake — New Campaign — Gov. Shirley made Commander in 
Chief — Gen. Winslow — Shirley superseded by Gen. Abercrombie, and 
returned to England — Campaign of 1756 unsuccessful — Great expenses 
to the province — Rogers' Rangers. 

Governor Shirley returned to America, in 1753, and re- 
sumed the administration of Massachusetts. For the four years 
he was absent, Lieutenant Governor Phipps was commander 
in chief of the province. Under his administration the treaty 
was made with the eastern tribes of Indians, in October, 1749, 
and an exchange of prisoners was effected soon after, when 
several citizens of Massachusetts, who had been taken by the 
Indians, on the western frontiers, were restored to their friends. 
A call was made on Lieutenant Governor Phipps, in 1749-50, 
by the British commander in Nova Scotia, for assistance against 
the Indians, who were instigated by the French to invade that 
territory. He was unwilling to make war on the Penobscot 
tribe, as he was urged, without first attempting pacific negotia- 
tion. But he gave some aid, by troops from the province, to 
the British officer: the public armed sloop was put under his 
command, and the French governor of Canada, who encouraged 
the Indian tribes in their invasion of Nova Scotia, was notified 
that Massachusetts would make common cause with the British 
in that quarter. 

The following year, the Canadian Indians attacked several 
places on the Kennebec River, near Fort Richmond, and below 
at Arowsick Island, where they burnt dwelling houses and made 
a few prisoners. The immediate provocation to these wrongs was 
a dispute which had happened near Sheepscot River, between 
the English settlers and some Indians of the Norridgevvock tribe, 
in which one of the latter was killed. The general court 
ordered that one hundred and fifty men be raised, as a scouting 



HISTORY OF MASSACHUSETTS. 119 

party, for the defence of the frontier settlements. As the 
Canadian Indians still manifested a hostile spirit towards the 
English, and were endeavoring to engage the eastern tribes to 
attack the frontier settlements in that quarter, another conven- 
tion was held at Georges River, in 1757, and the articles of a 
treaty formed two years before, were agreed to be observed. 
But on the return of Governor Shirley, who had reason to fear 
new attacks from the Indians, by the instigations of the French 
in Canada, he sent commissioners again to treat with them, to 
obtain new and solemn pledges of peace. He seems to have 
expected that there would soon be war again between England 
and France ; and would, therefore, if possible, gain the friend- 
ship of the Indian tribes before it commenced. Probably, in 
his negotiations at Paris, he perceived indications of a purpose 
of the French government, which was afterwards disclosed, of 
a formidable armament against British America, with a design 
to take possession of the whole country. 

Soon after the return of Governor Shirley, the designs of the 
French against the British possessions began to be developed, 
by depredations of the Indians, both at the east and west, who 
did not, at this late period, attack the English, unless urged on 
by their ancient ally or master. The plans of the French 
were to maintain their territory in North America, including 
all which they actually possessed, and all which they claimed, 
to a great part of which the English pleaded a prior title ; and 
they probably had an ultimate design of obtaining possession of 
the whole country ; for so important were the settlements of 
the country, at this period, that the nation which should have 
possession of the whole, or the greater part, would have a pre- 
ponderating power in Europe. The first step in the prosecu- 
tion of this design, was to erect forts on the western borders, 
to a great extent, and several of these were on the territory 
claimed by the English. Those on Lakes Champlain and St. 
George, and on the river Ohio, were of this description. 

This conduct on the part of the French could not but create 
alarm to England and her colonies ; and Governor Shirley 
particularly, viewed it with great concern. He immediately 
took measures of precaution, though war had not been for- 
merly declared. In the summer of 1754, accompanied by 
several gentlemen, and 500 men under command of General 
Winslow, he visited Falmouth, where he renewed the articles of 
former treaties with the eastern Indians ; and thence proceeded 
to the Kennebec and explored the river as far as the great falls, 
thirty miles above INorridgewock, but discovered no Indian 
forts, which it had been reported were erecting there. During 



120 HISTORY OF MASSACHUSETTS. 

this expedition, and with the approbation of the general 
court, in order to protect the eastern frontiers of the province, 
two forts were built on that river ; one on the present site of 
Augusta, on the eastern bank ; and one eighteen miles higher, 
at the junction of the main river with the Sebasticook, opposite 
the Teconnett falls. 

While these measures of precaution were taken by Massa- 
chusetts alone, at the instance of her provident and intelligent 
governor, the British ministry, with a view to the protection 
of all the colonies, supposed to be in great danger from the 
French in Canada, proposed a convention to be composed of 
delegates from each provincial government, to secure the 
friendship of the Indian tribes, called the Six Nations. They 
had, in indeed, been long in amity with the English, and had 
acknowledged themselves subject to the British king. But it 
was important to brighten the chain of friendship anew ; 
especially, as they had been dissatisfied with the conduct of 
New York. This meeting was holden in Albany, in June, 
1754 ; but only six provinces had delegates attending it. 
About 150 of the Six Nations were present, who professed 
friendly sentiments for the English, but desired some assuran- 
ces might be given that no encroachments should be made on 
their territory. This assurance was given, as well as that of pro- 
tection against the French and the tribes in alliance with them; 
and large presents were distributed, as w T as usual on such 
occasions. 

At this convention, it was proposed to form a union of the 
colonies, from New Hampshire to South Carolina inclusive, 
under one general government, for the purpose of common 
defence ; each province, or colony however, to retain its con- 
stitution and charter, except as to general powers for the 
welfare of all. The only government which had proposed 
such a system oefore the meeting, was Massachusetts. After 
the convention, when the plan was laid before the several 
general assemblies, it was not approved ; nor did the British 
government urge the proposition, from an apprehension 
probably, that it might soon lead to independence. 

The taxes at this period, as for several preceding years, 
were so great as to be oppressive, especially to the landhold- 
ers, who found it difficult to raise money, and who therefore 
complained that the polls and real estate were unduly rated. 
The complaint was considered so reasonable, that the general 
court manifested a wish to afford relief; and hence originated 
a bill for raising money by excise on spirituous liquors, which 
was advocated by the members, from the inland towns, but 



HISTORY OF MASSACHUSETTS. 121 

opposed generally by the towns on the sea coasts excepting 
Boston. The opposition of the latter to the bill was not sup- 
posed to arise from interested motives, but from a regard to 
personal rights and liberty, which were in some measure 
violated by it. For with a design to prevent all evasions, the 
bill provided, that every private householder should make 
oath, whenever required, that the liquor which he had was 
purchased of a person duly licensed and that the duties had been 
paid. This feature of the bill was extremely obnoxious, since 
it authorized the officer of the customs to enter any dwelling- 
house where he suspected there was spirituous liquors, on 
which the duties had not been paid. Even the governor de- 
clined giving his sanction to the bill, in its original form ; and 
there being but a small majority in favor of it, and probably, 
if all the members had been present, it would not have passed, 
it was postponed, and in the meantime submitted to the people 
in the several towns, for their opinion. This was a singular 
course of proceeding in legislation, and many doubted the 
policy of the measure. But the people were much divided 
on the subject, and it became necessary for the general court 
to take the responsibility entirely on themselves. After much 
discussion, it was passed with some alterations, which however 
did not change the principles of the bill ; and the governor, 
at last, gave it his signature For this want of consistency, as 
it was called, he was censured by a great portion of the 
people ; and his motives were impeached, when the majority 
of the representatives who were the friends of the bill, soon 
after made him a liberal grant for services, which had long 
been solicited, but postponed. 

On occasion of this excise act, and the conduct of certain 
members of the general court, who were accused of voting 
from selfish views, there was an unusual excitement of the 
public mind, and the spirit of the people was manifested, as is 
common in a free country, by severe reproaches and invectives. 
The language, in one of the Boston papers, was considered 
libellous by the general court, and the printer was arrested. 
After due examination, he was ordered into confinement, by 
the house, and kept in prison several days ; when, at the en- 
treaties of his family, he was dismissed with a reprimand from 
the speaker. The printer conceived the arrest and confinement 
to be illegal, and commenced a suit against the speaker for false 
imprisonment. His cause was not sustained by the judicial 
tribunal to which he appealed, the speaker was discharged, 
and the printer was mulct by payment of coasts. 

The winter of 1754-5 was passed in maturing plans and in 



122 HISTOHY OF MASSACHUSETTS. 

preparations for prosecuting the war with effect the ensuing 
season, and in representations to the British government oi 
the need of efficient aid from England for this object. Gov- 
ernor Shirley manifested his usual zeal and loyalty on this 
occasion. He proposed to the general court to raise men for 
an expedition in the spring, against Crown Point, on Lake 
Champlain, then in the hands of the French from Canada. 
The plan was suggested to them in confidence, as it was im- 
portant, in his opinion, to take the enemy by surprise. The 
assembly soon came into his views, and granted such facilities 
as could be well done, till the time arrived for carrying the 
enterprise into execution. The general court also readily 
agreed to raise men, for the conquest or protection of Nova 
Scotia, then invaded by the French. The plan was proposed 
by the British government ; and it was in compliance with its 
requisition, that the troops were raised for that expedition. It 
was indeed approved and forwarded by the governor ; and 
he hastened to Boston, from a convention, held at the south 
in April, by request of General Braddock, to forward the 
embarkation of the men destined for that eastern territory. 
Most of the troops in this expedition were from Massachusetts ; 
but as it was at the expense of England, they were to be 
paid the same wages as regular soldiers, and yet to be a distinct 
corps and under the immediate command of their own officers*. 
Colonel Monckton, a British officer, was appointed the comman- 
der-in-chief of the expedition ; but the Massachusetts troops 
were commanded by Colonel (afterwards General)John Winslow 
of Plymouth county, a brave and intelligent officer. He was, in 
fact, the efficient leader in this prompt and successful enter- 
prise. His popularity was so great, that 2000 men, the num- 
ber required, were raised in a few weeks. He sailed from 
Boston towards the close of the month of May ; and before 
thirty days had elapsed, being joined by about 300 regular 
British troops, he took the two fortified places then in posses- 
sion of the French, which entirely put an end to their power 
in Nova Scotia. Louisbourg was then in the hands of France, 
and to that place the prisoners were sent ; while the in- 
habitants, who professed to be neutral, but who were thought 
too subservient to the French government to remain, were 
transported to Massachusetts and to other British provinces. 

This fortunate expedition was not the only, nor the princi- 
pal military enterprise which engaged the attention of the 

* Some difficulties arose, both before and after this period, from directing 
British officers to command the provincial troops. 



HISTORY OF MASSACHUSETTS. 123 

governor and general court of Massachusetts, at this period. 
At the convention in April, called by General Braddock, it 
was agreed, that while that officer proceeded against the 
enemy on the Ohio River, an attack should be made on Oswego, 
situated on the eastern shore of Lake Ontario near Niagara, by 
the two regular provincial regiments, called Shirley's and 
PepperelPs regiments, under Governor Shirley ; and that the 
expedition, projected in Massachusetts, and a favorite object, 
both with the governor and the general court, should pro- 
ceed against Crown Point, on Lake Champlain. For the 
last expedition, Massachusetts voted to raise 2000 troops, 
being a full moiety proposed for that purpose and 300 
afterwards, as recruits, if they should be wanted. It was also 
voted to appropriate £600 for the use of the six Indian 
tribes in the interior of New York. The people of the pro- 
vince, generally, entered into the project with great ardor and 
promptitude ; for, after the success against the French and 
Indians at the eastward, the only way for those in Canada to 
make inroads on the settlements would be by Lake Champlain. 

With all these formidable and expensive* preparations, 
nothing decisive or important was effected ; but, on the con- 
trary, the campaign closed and left matter for recollection, 
only of defeat, jealousies rivalries and criminations.! 

General Braddock met a disastrous defeat ; himself and 
most of his officers being slain : and the few who escaped, 
were saved by the agency of Major Washington, that brave 
and prudent man, who, under providence, afterwards saved 
the whole country from tyranny and oppression. The detach- 
ment ordered to Oswego on Lake Ontario, though command- 
ed by the resolute and enterprising Shirley, could not be 
brought to act with effect ; from unfavorable weather, and a 
failure to furnish the men which had been promised. The 
troops which were to make an attack on fort Frederick at 
Crown Point, under command of General Johnson, met with 
various obstacles, some of which were unexpected, and others 
owing to a want of due caution or promptness in the com- 
manding officer. The forces in this enterprise were chiefly 
from Massachusetts and Connecticut, and were under the im- 

* In consequence of these expeditions, a loan was resorted to of ,£50,000 ; 
of which £17,350 were for the Crown Point enterprise, and £12,500 for 
forts. 

t De Lancy, the Lt. Governor of New York, and General (afterwards 
Sir) William Johnson were opposed to Gen. Shirley, who, after the death 
of Gen. Braddock, was commander-in-chief of all the British forces in 
America. Instead of aiding, they thwarted his plans, and were always 
seeking or devising pretexts for censuring him. 



124 HISTORY OF MASSACHUSETTS. 

mediate command of General Lyman. He was sent in ad- 
vance, and threw up a fort on the eastern side of the Hudson, 
below Lake George, and about sixty miles from Albany. 
General Johnson soon followed, and pushed forward to the 
south end of that lake ; and it was in his plan to have hasten- 
ed immediately to Ticonderoga, situated between the lakes 
George and Champlain ; there to fortify himself, and thence 
to proceed, if advisable, to Crown Point, which it was the 
chief object of the expedition to take and maintain, as a check 
to the enemy. But he had such reports of a formidable force 
at Crown Point, that he considered it imprudent to proceed 
further without more troops. He therefore called for recruits 
from several of the nearest colonies. Massachusetts, although 
there were then more than two thousand of her citizens in the 
army, voted to raise two thousand more by enlistment, or im- 
pressment, and offered a liberal bounty to such as should en- 
gage. Before these recruits were ready to march, or had 
reached his quarters, General Johnson had intelligence that 
the enemy from Crown Point were on their way to attack him. 
He sent out a party to reconnoitre, and if possible to prevent 
their approach. This party was surprised and retreated ; and 
the enemy continued to advance : But halting, from some 
unknown cause, at a short distance from the American camp, 
General Johnson seized the fortunate moment, and making a 
vigorous assault, when not expected, he routed the French 
and their Indian allies. This partial defeat was followed the 
ensuing night, by two hundred of the New Hampshire troops, 
falling on them unexpectedly in their quarters, and causing 
their entire dispersion. Colonel Williams, an officer in the 
Massachusetts line, who commanded the troops sent out by 
General Johnson to check the French, was killed in this 
affair.* 

After the sad reverses, in other places, this brave defence 
was matter of some triumph, though the great object of the 
expedition was not accomplished. The enemy did not lose 
the important posts in that quarter, which it had been confi- 
dently predicted would be wrested from them, by such a pow- 
erful force as was sent against them ; nor were they in any 
measure discouraged from further efforts, by the very partial 
check they received from General Johnson. 

After the affair between General Johnson and Baron Dies- 
Colonel Williams was a native of Newton, but was then an inhabitant 
of Berkshire county. He was the founder of the college in Williamstown. 
His will, giving a large part of his property for the purpose, was made 
while on his way in this expedition. 



HISTORY OF MASSACHUSETTS. 125 

kau, near the southern part of Lake George, an effort was 
made, in October following, to reinforce the English army and 
to proceed against Ticonderoga and Crown Point. On the ad- 
vice of Governor Shirley, Massachusetts, oppressed as it was 
by the expenses of the season already incurred, voted to as- 
sist ; and sent commissioners to Albany, to meet those from 
other colonies, for uniting in furthering the design. But it 
was there concluded that the men under General Johnson 
should be discharged ; leaving six hundred , however, to man 
the fortress erected by General Lyman, on the Hudson, and a 
fort still nearer Lake George. Of this number, Massachu- 
setts furnished nearly two hundred. When Governor Shirley 
returned from Oswego, he gave directions, that the place 
should be more strongly fortified ; and seven hundred men 
were left for that purpose. 

The fifth earthquake in New England, which excited alarm 
or notice, from its first settlement by the English, occurred in 
November, 1755. Its power and extent were very similar to 
the memorable one of 1727. It continued for the space of 
four minutes, and walls and chimnies were thrown down. 

The British government, instead of abandoning the object, 
the conquest of Canada, for which the great military preparations 
had been made, resolved to prosecute the war with vigor, and to 
retrieve the disasters of the last campaign. Nor did the colonies 
lack a laudable zeal of aiding in the danger. None were more for 
ward and prompt than Massachusetts. At that critical period, it 
had the just praise, from eminent characters in other colonies, "of 
being always foremost in measures of defence." 

When the death of General Braddock was known in Eng- 
land, Governor Shirley was appointed commander-in-chief of 
his majesty's forces in North America ; and he immediately 
summoned a council of war, to consist of the governors of the 
several colonies, to meet at New York. At this meeting, it 
was proposed to prepare for military expeditions the ensuing 
year, against the fort Du Quesne, and against Crown Point and 
Niagara; and that troops should also be sent up the river Ken- 
nebec, to attack the Indians in Canada. For all these enter- 
prises, it was recommended to raise 12,000 men. 

There was less zeal manifested for an expedition against 
Crown Point, both because it was believed that it would 
require great expense, and because it might be better to make 
an attack on Quebec, the strong hold of Canada, which would 
not make mudh greater expense necessary, and if taken, by aid 
of a British fleet, it would decide the contest. It was not 
therefore without some delay and some objections, that Massa 
15 



126 HISTORY OF MASSACHUSETTS. 

chusetts consented to engage in this and other expeditions pro- 
posed. Nor is it a matter of surprise, that they should have 
proceeded with caution in ordering three or four thousand men 
to be raised, whose wages and bounties, with other unavoidable 
expenses attending the expedition, would add greatly to the 
debt and the taxes of the province, already extremely burden- 
some to the people. And it was in the expectation, they said, 
that a sum would be advanced by the governor, who had funds 
in his hands belonging to the British government, for the wages 
of the past year, and a bounty for those to be raised the 
approaching season. £30,000 were soon after loaned to the 
province by the governor. 

The popularity of Governor Shirley, at this time, was not so 
great as it had before been. The failure of most of the expe- 
ditions of the past yeac, was by some, though most unjustly, 
charged on him. And it was believed that he was ready, at 
the command of the British ministry, to call for men and sup- 
plies from Massachusetts, when she was heavily pressed by 
debt incurred for the common welfare. His measures were 
criticised and censured in the public papers ; and some of the 
writers were incorrect in their statements, and severe in their 
accusations. The governor was so displeased with these free 
remarks, that he referred to them, in a communication to the 
general court. They expressed their opinion of the good charac- 
ter of the governor, and bore witness to his zeal and activity for the 
public welfare ; but wisely declined to punish the printer, or to 
interfere in the case. 

Early in the spring of 1756, the proper measures were 
adopted for enlisting men and preparing for the expedition to • 
Crown Point. This was the most important object, and great 
efforts were made to raise the quota of men allotted to the prov- 
ince of Massachusetts, which was 3,500, for the expedition to 
that place, and Major General John Winslow was appointed 
to command them. He had then been some time in Nova 
Scotia, where he conducted with that prudence and firmness 
which added much to his character as an able military chief. 
But enlistments were not easily made. The people had become 
tired of military life, when their pay was long delayed, and 
their exposure to disease was deemed very great. In the 
expeditions, for several succeeding years, far more died by 
sickness, than were slain in battle. To this should be added, 
that the British ships of war were in the constant practice of 
impressing fishermen ; and that a battalion from* Massachusetts 
was detained in, Nova Scotia, although the time of their enlist- 
ment had expired. From all these causes it resulted, that on 



HISTORY OF MASSACHUSETTS. 127 

the last of May there were only 2,600 enlisted ; and so late as 
August, the whole number ready for the enterprise did not 
exceed 3,000. 

Governor Shirley, in the mean time, though in the expecta- 
tion of being superseded as commander-in-chief of the military 
forces, continued to give his attention to hasten and perfect 
the preparations for the intended campaign. Soon as his 
cares, as chief magistrate of Massachusetts, would permit, he 
proceeded to Albany, and remained in discharge of his official 
duty, till the arrival of General Abercrombie, in June, who 
was appointed to succeed him. Governor Shirley, soon after, 
sailed for England, having been informed, that his majesty's 
service required his personal presence there. He was not 
summoned to answer to any specific charges of misconduct, 
nor did he receive any public censure; but was soon after 
appointed governor of the Bahama Islands, in the West Indies. 
And yet it is not improbable, that the representations made by 
the lieutenant governor of New York, and General Johnson, 
who were envious of his superior station, had an influence in 
his being superseded. The want of success in his plans of 
1755, however vigilant he was, and the want of confidence 
which these and other officers had in him, might also furnish 
motives for his recall. He did not relax in his efforts for the 
honor of the British arms, and the security of the colonies, to 
the day of his departure ; and he carried with him the respect 
and gratitude of the people of Massachusetts, for his long and 
faithful services. After holding the office of governor of the 
Bahamas, he returned to Massachusetts, where he resided till 
his death, in 1771. 

The military plans of Governor Shirley, for the year 1756, 
were generally approved by General Abercrombie, and by 
Lord Loudon, who succeeded him in a few months, except 
that it was concluded to make the most vigorous attack on 
Crown Point, rather than to maintain Oswego, and weaken 
the power of the enemy at Lake Ontario ; which Shirley had 
deemed of the greatest importance. His opinion was, that it 
was necessary to carry the war nearer Canada, and that by 
securing Oswego, enterprises might be made against the forts 
Niagara and Frontenac, or, at least, the enemy be prevented 
from passing from Quebec to Ohio, and Illinois. By having a 
force at Oswego, he also believed the French would be pre- 
vented from sending large supplies to Crown Point. The lat- 
ter was not out of his plan, but a part of it was to seize that 
place also. 
The departure from this extensive plan, and the delay 



128 HISTORY OF MASSACHUSETTS. 

which was occasioned by a new destination of part of the men 
first intended for Oswego, was one cause of the failure of suc- 
cess in the expeditions proposed in 1756. The French had 
early information of the movements and designs of the English 
troops, by their Indian spies ; and they ordered a large force on 
Lake Ontario, and captured the forts at Oswego. They 
were so powerful also at Crown Point, that General Winslow 
made no attack on that post. His chief object was to maintain 
his position at the south margin of Lake George, and to act 
on the defensive; such were his orders from Lord Loudon. 
The British forces under General Webb did not advance far- 
ther than Fort Edward, several leagues south of the lake, and 
on the bank of Hudson river. The small pox attacked the 
provincial troops, and proved extensively mortal. A difficulty 
also arose, as to placing the men raised in the province under 
the command of British officers, and the close union of them 
with regular British troops. This difficulty had occurred 
before ; so that the men sometimes would not enlist, but on 
condition of being under the immediate command of their own 
officers. The question arose before Lord Loudon arrived ; 
and again, soon after he took the command of the army. On 
representation of General Winslow, by request of Jiis officers, 
the British commander consented, that the provincials should 
be kept distinct, and be commanded by officers under whom 
they had enlisted ; with the reservation, that they should be 
subject to his orders and directions. 

On the news of the fall of Oswego, a great alarm spread 
through the troops at and near Lake George, and even through 
New England. The enemy were represented to be numerous, 
and to be aided by a great number of Indians, ready for the 
work of cruelty and slaughter. On this occasion, the general 
court of Massachusetts ordered a draft of 1000 men, from the 
western part of the province, in addition to the numerous forces 
then in the service. 

The autumn having far advanced, Lord Loudon permitted 
the provincial troops to be discharged, excepting one regiment 
belonging to New York; and ordered the posts which they 
had held to be garrisoned by the British regulars. 

At the beginning of the year, on application to the British 
ministry, with a statement of the great expenses incurred the 
the year before, in military preparations and services, advances 
were again made to the colonies of £115,000; of which 
Massachusetts received £54,000. But the expenses so far 
exceeded all calculation at the opening of the campaign, that 



HISTOKY OF MASSACHUSETTS. 129 

the general court of Massachusetts applied to Lord Loudon 
for a loan. But he was not able to accommodate them. 

A corps of rangers, under Major Rogers, of New Hamp- 
shire, rendered much service, at this period, by alarming the 
enemy, and giving information of their forces and movements. 
A scouting party was also sent up the Kennebec River, as 
Governor Shirley had proposed, but not so large as was 
intended, nor with much benefit to the province, except to 
prevent the attacks of the enemy on the settlements in that 
part of the country. 



CHAPTER IX. 



Military plans for 1757 — Lord Loudon — Nova Scotia. Louisbourg, and Crown 
Point — Governor Pownall — Failure of Expeditions — Massachusetts lost 
many troops — Character of Pownall — Dispute about quartering troops — 
House contend for the authority of the Province — Duties on Trade — 
Complaints against it — Campaign of 1757 — Mr. Pitt — Gen. Amherst — 
Efforts of Massachusetts — Failure of expedition to Crown Point — Lord 
Howe slain — Louisbourg taken — Quebec taken — Wolfe slain — Major 
Rowers — Complaints of Provincial troop- — Great expenses of War — 
Insolvent law — Gov. Bernard — Lt. Gov. Hutchinson — Campaign of 1760 
— Montreal taken. 



On a proposition of Lord Loudon, a council was held at 
Boston, in January, 1757, at which he and the governors of 
the New England colonies were present, when the outlines of 
a plan for military operations the approaching spring and sum- 
mer were settled. It was agreed to raise 4000 men in New 
England, 1800 of whom were to be furnished by Massachusetts. 
The men were enlisted accordingly ; but the enterprise against 
Crown Point was delayed, as Lord Loudon was anxious first 
to make an attack on Louisbourg, then in possession of the 
French, by virtue of the treaty of 1748. A British fleet 
arrived at Halifax, with 5000 men ; and Lord Loudon repaired 
thither immediately. Intelligence was received at that place, 
that Louisbourg was garrisoned by 7000 men, and a large 
French fleet had sailed from Brest, destined to that port. He 
therefore relinquished his project of attacking Louisbourg, and 
returned to New York. Before he reached that province, the 
detachment at Lake George, placed there for the meditated 
expedition against Crown Point, or for a check, at least, to the 
advance of the enemy towards Albany, was attacked, and sur- 
rendered. General Webb, then commanding in that quarter, 
and stationed a few leagues south, at Fort Edward, immediately 
called for a reinforcement, expecting the French would also 
attack his quarters. The general court was not in session, but 
the council advised Governor Pownall, who had then just 
arrived, to issue the necessary orders to the commanders of 



HISTOKY OF MASSACHUSETTS. 131 

the several regiments, to have their men in readiness to march 
when called, and appointed General Peppered to command 
them. He proceeded to the interior of the province, and made 
preparations to proceed; but intelligence was received from 
General Webb, that the enemy had returned to Crown Point, 
and did not appear disposed to advance upon New England. 

When Fort William Henry, at Lake George, was taken, 
this season, a great portion of the men were from Massachu- 
setts, under the immediate command of Colonel Frye; but the 
British Colonel Monroe commanded the whole force in the 
garrison, composed in part'offcregular troops. After "they sur- 
rendered, the men were treated with great cruelty and bar- 
barity by the Indians. 

This third failure in attempting to conquer Canada, was most 
discouraging to the colonies and to England. There was a 
defect in the plans, or want of concert and energy in the efforts 
to execute them. Perhaps none were so wise as that of Gov- 
ernor Shirley, in the spring of 1756. In 1757, some blame 
might attach to Lord Loudon, for not sending a stronger force 
to Lake George ; while it might also be justly said of the com- 
mander of the expedition, (General W'ebb,) that he did not 
discover all the resolution which it demanded. The expenses, 
growing out of these great efforts, were sensibly felt in Massa- 
chusetts, whence so many- troops were engaged in the service: 
and had not the British government provided funds to a large 
amount, the province would have become bankrupt. It was 
the cause of England, as well as of the American colonies; for 
her preponderance in Europe must be sustained by her posses- 
sions and power on the western continent. 

Governor Pownall was not a stranger in America, nor in 
Massachusetts. He had been in authority under the crown, in 
New Jersey ; and though a political enemy of Governor Shirley, 
he was esteemed as a friend to the colonies. He had talents, 
and he had ambition also; and there was some reason to be- 
lieve that he was not wholly innocent ol the charge of having 
joined a cabal to destroy the popularity of his predecessor. 
Yet, when he entered on the government of Massachusetts, he 
was well received, and the people were disposed to judge can- 
didly of his public conduct. In a dispute, which arose soon 
after he took the chair, between Lord Loudon and the general 
court, he acted a conciliatory part, prompted, by a desire, 
probably, to be in favor with the province over which he pre- 
sided. 

Lord Loudon, early in the summer, had required that bar- 
racks and quarters might be provided for British troops, on 



132 HISTORY OF MASSACHUSETTS. 

their being ordered to be stationed in the province ; to which 
the house of assembly objected, and said that the castle was 
the proper place for them. In the fall of the same year, he 
proposed to the general court to pass an act, authorizing the 
civil magistrates to assign quarters for the king's troops, when 
they might come into the province. The house declined 
passing such an act ; again giving an opinion that the castle was 
the most suitable station for them. The British commander 
was highly displeased, and wrote again, both to Governor 
Pownall and to the general court, on the subject; and to the 
latter rather in a tone of menace.* Soon after, a British recruit- 
ing party, and other regular troops, arrived ; but no quarters 
had been provided. The governor exerted his influence, but 
in a mild rather than a dictatorial manner; and referred, as Lord 
Loudon had done,, to an act of parliament, authorizing such a 
measure. The house replied, that the act of parliament was 
designed for Great Britain, and not for the colonies ; and still 
postponed a compliance with the requisition. Lord Loudon 
wrote them, " that in time of war, the law martial must be 
obeyed." The house protested, that without their consent, it 
would be improper to enforce an act of parliament, unless it 
expressly included the colonies. After a few days of delay, 
however, they passed an act, providing for the quartering of 
the troops in public houses, and conforming, as far as might be 
proper, considering the difference between England and the 
colonies, to other parts of the act of parliament on the subject. 
Lord Loudon abated somewhat of the tone of his first demand, 
and the house were soliciting aid from the British ministry, 
which probably had some influence in their partial submission 
to his orders. A message was sent to the governor, in reply 
to his conciliating speech on the subject, written by Mr. Hutch- 
inson, the chairman of a committee which reported it; which 
was far from displaying the firmness and decision of the first 
resolution of the house, which kept the real question out of 
sight, and aimed chiefly to satisfy, or to quiet each party. 

The attachment of the people of Massachusetts to civil lib- 
erty and their charter rights, was so powerful and deep-rooted, 
that they contended for them in all their distresses, and never 
could be induced to compromit them, in want or in danger. 
Their condition was often such, that they needed protection 
and relief; but they seldom asked for aid, lest it would show 
their dependence on the parent government. They might have 
yielded, in individual cases, as that of the demand of Lord Lou- 
don, to provide quarters for the British troops; but when 
they did yield, it was always with a protest to save the princi- 



HISTORY Or MASSACHUSETTS. 133 

pie, — that their consent was necessary, as the province was not 
represented in parliament. When it was proposed to instruct 
their agent to ask funds in England, to keep up the forts on the 
frontiers, it was apprehended that such a measure might in- 
crease the authority of that government over the province, and 
might lead to the exercise of its power incompatible with their 
charter rights. They wished not to lean on the parent state 
for safety, nor could they acknowledge any controlling power 
over the legislature. 

It was this spirit and this principle, which induced them to 
oppose the regulations of trade, attempted to be enforced by 
the British administration ; especially those provisions which 
authorized the raising of a revenue for the benefit of England. 
Previously to this period, such acts of parliament had been 
passed, referring not only to foreign trade, which often operated 
grievously on enterprising merchants ; but to establish a ri^id 
system in collecting the customs, all which were to swell the 
treasury of the parent government. They had always been 
willing to provide for expenses for their own government and 
defence, and therefore were ready to consider it oppression, to 
raise money from their industry and enterprise for another part 
of the empire. And greater than all others was the complaint, 
that it was denying the common rights of Englishmen, to levy 
and raise money from them, in any way, when they had no 
voice in the amount to be raised, nor the purposes to which it 
was to be applied. 

The sugar act, so called, of 1733, was revived and continued 
in 1756. It purported to be for the encouragement of trade, 
but one of its objects was to raise a revenue, and was therefore 
obnoxious. The act granted a high duty on all sugar, molas- 
ses, rum, and spirits, not made in the British islands; and the 
penalties were also high for any violation or evasion of the 
law. The trade of Massachusetts was partly to other islands 
than the English; and these articles were taken in exchange 
for fish, and other things sent to those islands. The laws of 
trade thus amounted almost to a prohibition. For the first 
half of the century, especially for the first thirty years, the 
trade from Massachusetts to the islands in the West Indies, to 
the Western Islands, and to the ports in the Mediterranean, 
were very profitable. In 1750, the balance of trade to the 
West Indies was against the province. 

For many years, Massachusetts imported English manufac- 
tures for the supply of some other colonies, as well as for her 
own consumption, which must have added to her prosperity. 
New Hampshire was the first gradually to import for her 
16 



134 HISTORY OF MASSACHUSETTS. 

inhabitants. Connecticut traded chiefly with Massachusetts, 
during the former part of the century. At an early period, 
the vessels of Massachusetts also engaged in carrying freight 
from the southern colonies to Europe. The trade to the West 
Indies, to the Wine Islands, to Portugal and Spain, was conge- 
nial to the habits and living of the people. Quoting the 
observation of a French writer in Canada, who said of the 
inhabitants, "that they would live well, if they could also dress 
(veil ; but, if not, that they would retrench in the table to 
adorn their persons ; " Mr. Hutchinson said, " that the Eng- 
lish would rather abate of their dress, than give up their punch 
and wine, or their tea and coffee." 

Notwithstanding the repeated disasters and failures of three 
former years, the campaign for 1758 opened with vigor and 
hope. Mr. Pitt had been placed at the head of the British 
administration, whose character for energy and patriotism was 
already justly appreciated. He was not less desirous of the 
glory of the nation, than zealous for constitutional liberty. Un- 
der his auspices, the plan for military operations was not dissim- 
ilar to that of Governor Shirley, in 1755. It was proposed to 
send a large fleet, with sufficient land forces, against Louisbourg, 
then in the hands of the French, to whom it had been restored 
by the treaty of Aix-La-Chapelle, in 1748. The celebrated 
General Wolfe was then a brigadier of the land forces in that 
quarter. The French fort at Du Quesne was to be attacked ; 
and a large force was to be sent against Ticonderoga and 
Crown Point, on Lake Champlain. A requisition was made 
on the colonies to raise as many men, and furnish such provis- 
ions, as was practicable ; and an assurance was given that a 
reimbursement would be made by the British government. 
The general court of Massachusetts had a short time before 
declined to issue orders for raising men, as requested by Lord 
Loudon ; as it was apprehended they would be sent against 
Louisbourg, the capture of which was far less a matter of inter- 
est to the province than that of Crown Point, which would 
check the incursions of the French and Indians of Canada. 
But it was now resolved to raise 7000 men for an expedition 
against Canada, to be officered by citizens of the province, who 
might be appointed by the commander-in-chief. General 
Amherst had been appointed to this important station, in place 
of Lord Loudon, and such was his reputation, that the colonists 
had far more respect and confidence towards him, than the 
other had been able to inspire. Lord Loudon had been 
strangely inactive the two preced/mg campaigns, remaining at 
Albany with a large number of regular troops, while General 



HISTORY OF MASSACHUSETTS. 135 

Winslow at one time, and the British General Webb, at anoth- 
er, had been at and near Lake George with forces, not sufficient 
for any offensive measures, and not able, indeed, to maintain the 
position they had taken against the enemy. 

. This was a large force for Massachusetts to raise, and the 
necessary expenditures were great in proportion. Bounties 
were to be given, or the enlistments would not be made ; and 
this must be advanced by the province. The number raised 
by voluntary enlistments was 4,500; and it became necessary 
to raise the other 2,500 by impressment or drafts from the 
militia. The whole force under General Abercrombie, of reg- 
ular British troops and provincials which advanced against the 
French forts at Lakes George and Champlain, amounted to up- 
wards of 17,000. 

General Abercrombie passed Lake George ; and on landing 
at the northern borders, some distance from Ticonderoga, which 
he proposed first to attack, he sent forward a large detachment 
of 7000 men. But they were obliged to make their way 
through a wilderness without paths, where they were met by a 
party of the enemy, whom they attacked, and slew or captured 
the greater part. This affair, otherwise not very important, be- 
came memorable by the death of Lord Howe, a British nobleman, 
who was in the detachment, who, though young, had attained 
a character of uncommon celebrity for his bravery and virtue.* 
The detachment returned to the main army, which soon after 
advanced to attack Ticonderoga, as had been proposed. After 
sending out small parties for discovery, by which, however, he 
seemed to have been misinformed, he resolved to storm the fort. 
It was a place of great strength, and was well manned; and, 
although he made a gallant assault, he found it necessary to 
retire to his former station. The loss sustained by the Eng- 
lish on this occasion, was 1800 men, and many valuable milita- 
ry articles. 

The enemy, however, did not discover any plan of acting 
offensively, and Colonel Bradstreet, of the provincial troops, 
was directed by General Abercrombie, having himself proposed 

* Major (afterwards General) Israel Putnam, who, with Major John 
Stark, were then brave partisan officers, and after acting with Major 
Rogers in the corps of Rangers, accompanied Lord Howe at this time. He 
proposed to go forward to ascertain the strength of the enemy's party 
which had been discovered, and Lord Howe insisted on joining him. 
Putnam objected in vain, saying that his own life was of little value, but 
that his lordship's was too valuable to be thus exposed. Howe replied, 
that life must be as dear to Putnam as to himself. Massachusetts voted 
£250 for the erection of a monument in Westminster Abby, to the memory 
of this accomplished and gallant nobleman. 



136 HISTORY OF MASSACHUSETTS. 

the enterprise, to march to Lake Ontario, with three thousand 
provincial troops, and one hundred British regulars ; and thence 
to proceed against Fort Frontenac, near the north part of the 
Lake and the River St. Lawrence. The enterprise was attend- 
ed with complete success. He surprised and captured the 
garrison, with little opposition ; and destroyed nine vessels, and 
other property, which fell into his hands ; but soon returned, 
as it was reported a large party of the enemy were advancing 
against him. 

The expedition against Louisbourg, mean time, was prosecu- 
ted with vigor, as had been proposed. It vas invested by large 
naval and land forces, the latter commanded by General Am- 
herst ; and after a few days of judicious and vigorous assault it 
surrendered to the British. General Amherst arrived in Bos- 
ton, from this expedition, in September, and hearing of the 
disastrous repulse at Lake George and vicinity, he hastened to 
Albany, to take on himself command of the army in that 
quarter, and give all possible aid for efficient action or defence ; 
but it was thought to be too late in the season to undertake 
another expedition at that time ; it being the opinion of military 
men of experience and judgment, that it would require great 
caution and circumspection, as well as courage, to be successful. 
The troops were also liable to fever and ague, and other sick- 
ness, at that season, near the lakes. 

Besides the men killed by the enemy, many of the Massa- 
chusetts troops died by sickness ; and the expenses, incurred 
by the province for the campaign, were a heavy burden to the 
people. But, with all this loss of life and treasure, there was 
such a desire to prevent the inroads of the French, and to drive 
them from Canada, that the general court readily consented, at 
the request of the British ministry, to raise 6,500 men, for 
another expedition, in 1759 ; in the expectation, however, that 
compensation would be made eventually by the English gov- 
ernment. But a part of these were to be stationed at Penob- 
scot, as a guard to those engaged in building a fort on that river ; 
and it was also agreed, that such as chose might enter the 
British naval service. Several hundred of these men enlisted 
on board the English ships; and 2500 served at Louisbourg, to 
supply the place of British troops, who were required for the 
fleet ordered to Quebec. 

The plan of proceedings was in a great measure conformable 
to that pursued the preceding year. The conquest of Canada 
being the great object, it was arranged, that a naval force should 
ascend the St. Lawrence, and an army advance by Lake 
Champlain. As a preliminary measure, it was agreed that the 



HISTORY OF MASSACHUSETTS. 137 

main land forces under General Amherst, should attack Ticon- 
deroga and Crown Point, and a detachment fall on the fortress 
at Niagara. The fleet, with General Wolfe and the troops 
under his command, arrived near Quebec, in the month of 
June. Much time was spent in ascertaining the proper place 
and mode of attack, and in preparing for an efficient and vigor- 
ous assault on the city, which was well fortified, and very diffi- 
cult of approach. In one skirmish, which could not well be 
avoided, 500 men were killed and taken, and General Wolfe 
was some weeks suffering by severe sickness. In September, 
after a consultation with his officers, he concluded to make the 
attack, dangerous and desperate as it appeared. To one of his 
gallant bearing, there was no other alternative. The issue 
was doubtful for several hours, but British coolness and bravery 
united, at length decided the gallant conflict. The command- 
ing generals of both armies were slain in the battle. Both 
were brave, and both distinguished for military talents. The 
English and American people have honored the memory of 
Wolfe, as one of the first among a host of military heroes. This 
brilliant affair afforded just cause of joy and courage to the New 
England colonies and to the whole British empire. 

Meanwhile, General Amherst was advancing on Canada, by 
the way of Lake Champlain. Ticonderoga and Crown Point 
were successively abandoned by the enemy, as he approached, 
after destroying much of the valuable property, which could not 
be easily taken with them. They made a stand at the northern 
part of the lake, and Amherst proposed to pursue them. But 
he had no vessels or boats for the transportation of his troops, 
and it was impossible to march by land through a perfect wil- 
derness. Vessels were ordered to be built ; but it was so late, 
when they were finished, that the attempt to reach them was 
in vain. The tempestuous weather prevented the progress of 
the boats, and several of them were wrecked and lost in the 
enterprise; which was soon after abandoned, for that season. 
One of the vessels built at this time, was a brigantine ; which 
was afterwards despatched by General Amherst, to make dis- 
covery of the force and condition of the enemy. She gave 
them some annoyance, but it was too late to continue in that 
climate. Major Rogers, with two hundred rangers, was order- 
ed to fall on the village of the St. Francois Indians, on the 
south side of St. Lawrence, and who had made most of the 
depredations on the frontier settlements of New T England, for 
many preceding years. He was accustomed to this sort of 
warfare, and to travelling; through the thick forests like the 
Indians themselves. An event occurred on his way, which 



138 HISTORY OF MASSACHUSETTS. 

obliged him to send back fifty or sixty of his party ; but he 
proceeded with the remaining one hundred and fifty, and attack- 
ed the village, at an early hour in the morning, when they had 
no notice of his approach, and destroyed the settlement, and 
slew or dispersed the whole population. At the present day, 
such an act of cruelty would be severely reprobated. But it 
was then viewed in a different light: it was called just retalia- 
tion for former cruelties and butcheries, perpetrated by that 
tribe and its savage allies. 

The people of Massachusetts had reason to complain of the 
British military commanders, that the soldiers were not always 
discharged when their term of enlistment expired. In 1759, 
those employed at Louisbourg, and on board the fleet, were 
detained long after the time for which they engaged to serve 
had elapsed. This made them averse from entering into the 
naval service, and insist, as they usually did, that they should 
not be united with British regular troops, but be kept in sepa- 
rate corps, and under provincial officers. They had an antipathy 
to mercenary soldiers ; and though ready to engage in military 
service, for the defence of the country, they never wished to 
lose the character of citizens. They wished, indeed, to retain 
the distinctive character of militia; and they seldom enlisted, 
except for the season. To this general fact, however, there 
were, no doubt, a few exceptions. 

The general court was so much occupied, on the dangers which 
threatened from the French and Indians, at this period, that there 
was less dispute and disagreement with Governor Pownall, than 
there had been with several of his predecessors. And he was 
not of a disposition to seek occasions for collision or controversy. 
It was his resolution, no doubt, to be a faithful servant of the 
crown ; but he was not eager to push the claims of prerogative, 
when the exigency did not require it. While he was in the 
chair, the requisitions on the general court were made directly 
by the British commanders-in-chief, or, through him, by the 
ministry in England ; and with these calls, being for men and 
means, as well for their own welfare as that of the parent gov- 
ernment, they were ready to comply, without hesitation, to the 
extent of their ability; still having a regard for the rights of the 
people, and laying no greater burden than the occasion de- 
manded. The people were subject to heavy burdens, and 
they bore them cheerfully, as well from a true spirit of loyalty, 
as from a regard to their own safety and liberty. For six suc- 
cessive years, they provided men and money in the war against 
the French, and received only a partial reimbursement from 
the parent state, though they were promised recompense at a 
future day. 



HISTORY OF MASSACHUSETTS. 139 

The burdens of the people were so great, and so many the 
embarrassments of navigation, during this protracted period of 
war, that the debtors were very numerous, both among the 
land holders and the merchants. The merchants were in the 
habit of having large credits for goods in England; and the 
state of the country prevented their remittances, as they had 
formerly done. An insolvent act was passed by the general 
court, in 1757, for the relief of debtors ; but it was necessary, 
by the provisions of the charter, that the king should approve 
of it, to render it complete and valid. When it was laid before 
the king, he referred it to the lords of trade, for their opinion, 
and they said, that, though they approved of the principle of 
the bill, and admitted the propriety of a bankrupt, or insolvent 
law, they apprehended some injustice from such a law in the 
province ; because, while it operated favorably to the creditors 
there, those in England might suffer. The king, therefore, de- 
clined giving it his approbation. 

Mr. Pownall was succeeded by Mr. Bernard, in the winter 
of 1659-60, and appointed Governor of South Carolina. After 
Governor PownalFs departure, and before the arrival of Gov- 
ernor Bernard, who was removed from the administration of 
New Jersey, Mr. Hutchinson," being lieutenant governor, dis- 
charged the duties of chief magistrate of Massachusetts. As 
the governor was soon expected, he prudently declined acting 
further than attending to the ordinary service of the station. 
It had already been determined to make another attempt 
against Montreal, and other parts of Canada, in the hands of 
the French. Mr. Pett called for the same forces as were 
raised the two seasons previously, and urged the importance of 
the object; at the same time promising compensation, accord- 
ing to the efforts which might be made. In January, 1760, 
the general court ordered, that five thousand men should be 
raised ; and they also voted to allow a bounty to the men who 
had been detained in Nova Scotia,* and at Louisbourg, after 
their term of service had expired. It was difficult, however, 
to raise the number ordered. Only three thousand three hun- 
dred of the five thousand could be enlisted ; which, even 



* The Governor of Nova Scotia made honorable mention of the exertions 
of Colonel Thomas and his officers, (from Massachusetts,) in quieting the 
men who were held beyond the time of their enlistment. It was an arbi- 
trary act in the British commander, and yet he attempted to justify his con- 
duct, by saying that the men could not be spared, and must not go till he 
chose to discharge them. The families of the men suffered much in their 
absence ; but the general court, protesting against their detention, voted to- 
give a bounty, which was generally applied for the relief of their wives and 
children. 



140 HISTORY OF MASSACHUSETTS. 

reckoning the seven hundred, in garrison at Louisbourg and 
Nova Scotia, amounted only to four thousand, in the whole, 
which were in service from the province in that year;* ex- 
cepting, indeed, several small parties to keep up the forts at 
Penobscot, St. Georges, and two on Kennebec River; two at 
Hoosuck, one at Colraine, and one at Claremont. Both Gov- 
ernor Pownall, before he left the chair, and Mr. Hutchinson, 
then lieutenant governor, after his departure, urged upon the 
general court the importance of complying with the requisitions 
of the British minister and General Amherst, as a great effort 
was to be made for the entire conquest of Canada, and it would 
probably be the last year of the war. In promising to make 
every exertion which the condition of the province and the 
people would permit, they expressed a wish, that the British 
ministry might be informed of the expensive efforts already 
made, and order some pecuniary relief. Governor Pownall 
promised to press their plea, and to bear testimony to their 
loyalty. His policy in his intercourse with the general court, 
was dictated by a full knowledge of the views and temper of 
the people ; and he wisely adopted a mild spirit in all his com- 
munications. The temper of his successor was less mild, or 
less wisely controlled, and his conduct contrasted very unfavor- 
ably with the deportment of Governor Pownall. But the 
former was the representative of the king, at a period when the 
vexed questions of the prerogative of the crown, and of the pow- 
ers rightfully to be exercised by the provincial government under 
the charter, were continually occurring : and Mr. Bernard was 
never wanting in zeal for the king, or in a disposition to main- 
tain all the supposed powers of his office : while the latter 
presided at a time when other important subjects occupied the 
constant attention of the government. And he found that he 
could discharge his duty to the crown, without engaging in 
bitter controversy with the general court. He was also econo- 
mical in the expenditure of public money intrusted to him for 
the common defence and ordinary affairs of the executive; and 
he proposed plans for preventing speculators preying upon the 
soldiers, for whose sufferings he ever manifested a strong sym- 
pathy.f 

* On a call from General Amherst, in May, it was voted to raise five 
hundred more. 

t Mr. Pownall was a gentleman of gaiety and show, and he spared no- 
thing in the expenses of his table. Yet he was a rigid economist, when 
acting as the agent of the public. He had a more correct view of the na- 
ture of the colonial charters than any other governor, except Mr. Hutchin- 
son ; and though a foreigner by birth, he construed more favorably, or was 
more friendly to the grants of power to the people by their charters, than 
the latter. 



HISTORY OF MASSACHUSETTS. 141 

The object of the campaign, this year, was the reduction of 
Montreal, which was the most important place in the hands of 
the French ; for if that could be taken, all Canada would come 
under the British government. A large force was to advance 
on that place, by Lake Ontario and thence by the St. Law- 
rence; and another detachment, by Lake Champlain. Gen- 
eral Amherst commanded the first, consisting chiefly of British 
regular troops; while the other, in which were most of the pro- 
vincials, was under Colonel Haviland. A part of the plan was 
for General Murray and as many of the troops at Quebec as 
could be spared, to ascend the St. Lawrence, and join the other 
detachments near Montreal. But a large French force, either 
intending to recapture Quebec, or prevent a junction of the 
English forces near Montreal, advanced on the former, and, by 
his resolute and judicious efforts, the French commander gave 
full employment to the British general for several weeks, in de- 
fending the city. He was repulsed, however, and General Mur- 
ray, with a large part of the British troops, marched to Montreal. 
The several detachments reached the vicinity of Montreal, 
within two days of one another ; and this united force was so 
formidable, that the French general, who commanded there, 
soon surrendered. 



17 



CHAPTER X 



Dispute between the House and Council — Expenses of war and loss of lives 
— Schools and Colleges — New Troops raised — Dispute with Governor — 
Claims of House and of the Governor — Customs — Collector sued — Mr. 
Otis — Mr. Hutchinson — Writs of Assistance— Excitement on the occa- 
sion—Gold Coin — Wilkes — Whig and Tory — State of the Province at 
the peace of 1763 — Views of Ministers — Census — Plan to tax the Province 
— Controversy on Episcopacy. 

The pertinacity of the house of assembly in contending for 
authority, as the more immediate representatives of the people, 
even against the council chosen by themselves, may be seen in 
their insisting on the formal consent of that board, to the report 
oh the Treasurer's accounts, which they had approved, without 
allowing the council to examine into the correctness of the re- 
port. The house had been in the practice of asking and receiv- 
ing the official sanction of the board to these reports, merely on 
the examination and approval of the former. The council con- 
sidered this improper, and required an inspection of the docu- 
ments, and the means of knowing whether the report was cor- 
rect. The house pleaded usage, as well as a right, to keep the 
treasury accounts under their own control. The reply of the 
council was, that if the house were the sole judge in the case, 
and had justly the entire management of the treasury, then it 
could not be necessary for the board to testify its formal appro- 
bation ; and that if their concurrence was proper, they must 
first have an opportunity of making a decision according to the 
facts and the examination of the accounts. The house at last 
yielded, in effect, but they so framed their vote on the subject 
as to avoid the appearance of giving up the point to the coun- 
cil. In this instance, the council seem to have been correct; 
otherwise, they might be considered as giving their official con- 
sent to a decision of the other branch of the legislature, without 
inquiry and without full information. Whether there were 
some aspiring men in the assembly, or whether there was a 
genera] apprehension that the council were likely to be unduly 
influenced by the governor, with whom they were more closely 
connected in the administration, the representatives were always 



HISTORY OF MASSACHUSETTS. 143 

more jealous of encroachments on the rights of the people, and 
more ready to assert the authority of the legislature. It is a 
fact, fully proved by various occurrences, that the council gen- 
erally consented, or acquiesced in the proposals of the governor, 
while the representatives either wholly opposed or but partially 
conformed to his requests. The charge could not, indeed, be 
sustained, that the members of the council disregarded the 
rights of the people, or consented to demands prejudicial to 
the just authority of the legislature ; and yet they were seldom 
found in collision with the governors, or in decided opposition 
to his recommendations. 

This long period of war not only brought a heavy debt on the 
province, but served to retard its population, and to check its 
prosperity.* The loss of five or six thousand men, within five 
years, must have prevented the settlement of new townships, 
and lessened the amount of agricultural products, which are 
necessary to augment the resources of a new country. Those 
who survived the war, returned to their homes with habits un- 
favorable to constant and laborious employment. The manners 
and dress of British officers, who were not always patterns of 
sobriety and economy, were often imitated ; and a great change 
was observable, in comparison with the frugality of former days. 
But the interests of learning and religion were not neglected 
by the legislators nor the people. The college, under the 
patronage of the government, was in a prosperous state ; its 
graduates were thirty or thirty-five, annually. In most of the 
towns with two hundred families, and few had less, a grammar 
school was maintained ; and the teacher was usually a graduate 
of the college. The laws of the province enjoined this important 
measure, and also required the settlement and support of learned 
ministers of religion. The benefits resulting to individuals and 
to the community, from these regulations, were incalculable. 
They served to maintain a healthy state of society, and gave 
to the population of New England a peculiar and distinctive 
character. By this wise regimen, men were trained up for the 

* The expenses of Massachusetts, for five years, exceeded £400,000, be- 
yond the sums allowed by the British government. For the year 1761, 
the sum allowed as a reimbursement was, indeed, more than half, or 
nearly three fourths of the expense of the province for that year, for the 
military services ; but for five years preceding, the allowance was not 
more than one half. A great portion of the men raised, were stationed on 
the frontiers, for defence ; and large sums were also expended in bounties, 
provisions and teams, for which no reimbursements were made. It waa 
also the judgment of the parent government, that the colonies should bear 
a part of the expenses incurred for the common safety. For the year 1758, 
the whole expenses, for men in the army, in the forts, and other purposes, 
were £210,000 ; but a part was reimbursed by England. 



144 HISTORY OF MASSACHUSETTS. 

mighty struggle, which was soon then to ensue. Even then 
the schoolmaster was abroad in the community. The great 
body of the people had intelligence to understand their rights, 
as well as hardihood of character to defend them ; and many 
became fitted to explain and vindicate civil liberty, against -the 
plausible arguments of the corrupt and selfish advocates of arbi- 
trary power. 

After the conquest of Canada, and the power of France was 
at an end in that quarter, a large military force was maintained 
in North America (1761) by the British government, as no 
treaty of peace had been concluded. The British regular 
troops, however, were mostly ordered on an expedition to the 
French islands, and Massachusetts raised three thousand men 
to take their places. Some objection was made to this requisi- 
tion, but after a few days debate and opposition, the measure 
was adopted. A similar requisition was made in 1762, with 
which there seems to have been a compliance without much 
opposition. A large bounty was also voted, this year, for nine 
hundred men to join the regular British forces ; who were en- 
listed with far less difficulty than in former years ; either be- 
cause the bounty offered was higher than usual, or they ex- 
pected little hard service, or that the people had become more 
fond of a military life. 

The jealousy or the vigilance of the representatives, to pre- 
vent all encroachments on the rights of the people and to main- 
tain the principles for which they contended, was displayed, at 
this time, though in a case far less important than that which 
soon after justly excited so deep an interest, by a formal com- 
plaint of the conduct of the governor and council. In the recess 
of the court, the people of Salem and Marblehead, who were 
engaged in the fishery at the eastward, requested that two 
armed vessels might be sent for their protection, against the 
French ships in that quarter. The vessels were fitted out for 
the purpose, en the advice of the council ; and the expense did 
not exceed £400. At the following session of the general 
court, the governor stated the case, and recommended that 
provision be made to cover that expense. The exigency of 
the occasion was a reasonable justification of the conduct of the 
executive. But the representatives protested against it ; pre- 
tending that their right of originating taxes, one of their greatest 
privileges, was taken away, and that it struck at the very exist- 
ence of the popular branch of the legislature. They protested 
against such a measure, as altogether arbitrary, and expressed 
a hope that no similar one would be again adopted. Some 
clauses in the message to the governor, was unnecessarily 



HISTORY OF MASSACHUSETTS. 145 

severe ; and as he thought they were a reflection on the king, 
he wished them to be erased. After some debate, the house 
complied with the request, and a grant was made to meet the 
expenses which had been ordered by the executive. James 
Otis was then a member of the house, and the chief supporter 
of the remonstrance. 

Governor Bernard, in his first speech to the general court, — 
and such was the doctrine afterwards advanced and asserted by 
him through his whole administration, and by his successor, — 
spoke of the powers and privileges of the province, as grants 
and favors from the crown ; while the house of representatives 
always spoke of their rights, contended for the full extent of 
their authority recognised by the charter, and pleaded even for 
greater powers, an absolute right to levy taxes, and to legislate 
for themselves, since they were not represented in the British 
parliament. Governor Bernard was a zealous advocate for the 
royal prerogative ; believing himself bound by the instructions 
of the king and his ministers, as well as by the provisions of the 
charter ; and he urged the claims of arbitrary power as far as 
prudence would permit. In this course, he was supported by 
the lieutenant governor, and some others, while the house and 
most of the council appealed to the great principles of the revo- 
lution of 1688, as their guide, and opposed constitutional rights 
to the mere will of the ministry, and other royal agents. 

Govenor Bernard, and his political friends, were also in favor 
of the policy for raising a revenue in the province from imposts, 
in the hope, as was supposed, of receiving, from the system, 
lucrative offices and large salaries. But to the people and 
their immediate representatives, this system was extremely ob- 
noxious, as it was a great tax on trade and navigation, and gave 
occasion for petty tyranny and oppression in various ways. 
Spies and informers were often employed, and the officers of 
the customs retained large sums as fees, so that very little of 
the amount paid found its way into the public chest. 

The collector of the customs had been negligent of paying over 
or accounting for the sums received by him, for some time, and 
the general court directed the treasurer of the province to insti- 
tute a suit against him. The governor, probably by request 
of the collector, proposed that the king's attorney should be 
employed to prosecute the suit ; but the house of assembly 
insisted that the treasurer was the proper person to undertake 
it, in behalf of the province, to whom the money received by 
the collector was to be paid. The sums particularly referred 
to, arose from forfeitures, one third of which, by act of parlia- 
ment, accrued to the province. The object of the house was, 



146 HISTORY OF MASSACHUSETTS. 

to have the suit brought in the courts of the province ; but the 
collector was desirous of having it decided in the court of ad- 
miralty, in which case he might expect more favor. The gov- 
ernor might have been induced to consent to the course urged 
by the house, as the chief justice of the superior court was 
known to have no prejudices against the officers of the cus- 
toms, nor any objections to be governed by acts of parliament. 
By advice of the council, the governor yielded to their wishes ; 
but rarely, on any future occasion, did he give up his own opin- 
ions or plans to gratify the assembly. 

The case was decided against the collector, in the lower 
court, though he offered a plea in abatement, as to the jurisdic- 
tion of the court. On an appeal before the superior court, 
the lieutenant governor being chief justice,the plea was admitted, 
and the judgment of the lower court was set aside. It ap- 
peared that the collector's accounts had been settled, accord- 
ing to the forms of law, at least, in the admiralty court, which, 
according to act of parliament, had the jurisdiction of the case ; 
and the judges decided that they had no control over that 
court. 

This decision served to increase party feeling, and to mark 
more distinctly the difference of political opinion between the 
supporters of the crown and its agents, and the friends of 
colonial authorities and rights. Mr Otis was counsel for the 
treasurer, with whom the merchants of Boston united in this 
case, as they had petitioned the court to institute such a suit ; 
and Mr. Hutchinson, was not only one of the superior court, 
which decided against the treasurer, but, as a member of the 
council, had opposed the measure when pending in the gen- 
eral court. The latter lost, while the former received, the 
approbation of the people, by these proceedings. The chief 
justice, in his charge to the jury, cautioned them "against 
deciding according to the popular feelings." And in this in- 
deed, he might have acted most uprightly ; but there were 
those who more than intimated, that he was seeking for favor 
from the British ministry, who had all the best offices in their 
gift. Nor was he or the governor backward in charging im- 
proper motives on the opposition. It was their interest to do 
so : and their representations to the ministry in England were, 
that the complaints and discontents in Massachusetts spring 
from the disappointment of Mr. Otis and afew others. About 
this period, Mr. Hutchinson made this memorable declaration : 
" that the opposition to the authority of parliament began in 
Boston ; and was moved and conducted by James Otis, both 
in that town and in the general assembly !" 




cJome& llJbi^. 



HISTORY OF MASSACHUSETTS. 147 

The excitement produced by this dispute and the decision 
in relation to it was soon followed by a stronger expression of 
the popular feeling, growing out of the attempts of the custom- 
house officers to exercise authority most arbitrary and oppress- 
ive. They applied for writs of assistance, to enable them to 
search for goods, at any time and in any store or dwelling- 
house, they might choose. They suspected, they said, that 
goods, on which the duties had not been paFd, were sometimes 
secreted in dwelling-houses and other private places, and they 
wanted legal authority to enter any buildings, ad libitum : the 
attorney for the crown pleaded the practice of the English 
court of exchequer to prove the legality of such writs ; and 
stated also that the superior court in the province had the 
same authority, as to the law for collecting the customs on 
trade. The objections made by Mr. Otis, the attorney for the 
merchants of Boston, who opposed the granting of such pow- 
ers, as their dwelling-houses would be liable to search at all 
times and by any petty officer or agent of the collector, were 
that all general warrants were considered improper and op- 
pressive by the courts in England, and that a process to break 
or to enter a house or store, must designate a particular build- 
ing, and be issued only on the oath of the complainant ; that 
they were justly odious to the people even in England, as they 
led to great oppression on the subjects, and legalized acts of 
tyranny and injustice in the officers ; and that although the 
court of exchequer in that country had great authority in this 
respect, it would also punish the abuse of authority in the offi- 
cers, (who were in fact the officers of the court) ; and it was 
therefore, at their peril they made searches without good cause : 
But that here the court had no authority to punish the col- 
lector or his agents, for the most wanton and oppressive acts 
in the business of their office, as they were amenable only to 
the court of admiralty : That- if the writs prayed for were 
granted, the collector, and any person he might choose to em- 
ploy for the purpose, (for such was the extent of his authority 
under such process,) might enter any building, without partic- 
ularizing it, and at any time, merely on suspicion ; and thus 
there would be no restraint on the passions, party feelings or 
personal enmities of the collector and his political friends, from 
acts the most odious and most oppressive. Another objection 
was that such writs were not made returnable, and the court 
here therefore would have no control over them or the mal- 
practice of those who executed them, after they were issued; 
and thus a door would be open, he said, to all kinds of oppress- 
ion and tyranny, without limits and without remedy. He in- 



148 HISTORY OF MASSACHUSETTS. 

sisted that such a measure was pregnant with infinite mischief, 
and clearly contrary to the spirit of the British constitution. " I 
have fully considered the subject," he added, " and I solemnly 
declare that I will to my dying day oppose, with all the pow- 
ers God has given me, all such instruments of slavery on the 
one hand, and villany on the other, as this writ of assistance 
is." * 

The superior *court, to which application was made for 
such writs, gave their opinion for issuing them ; f and Mr. Otis, 
for his patriotism and zeal, on the occasion, was charged by the 
governor, the chief justice, and their political friends, as being 
actuated by a spirit of selfishness, and revenge ; but with the 
opposers of arbitrary power, and the great body of the people, 
he found favor and admiration. 

Such was the influence and importance of this transaction, 
that it has been sometimes considered the first decided measure, 
which led to and hastened on the revolution, which took place 
thirteen years after. It certainly served to show the arbitrary 
views or the subserviency of some of the individuals high in 
power in the province, who held their offices under the crown, 
and the disposition of those who executed the laws of trade 
and the customs, to the most odious and oppressive acts ; 
while it afforded an occasion for the display of the principles 
and feelings in support of civil liberty, by which the people were 
then animated. The same feelings and principles had, in- 
deed, long warmed and guided the people of Massachusetts ; 
and it was only necessary to call them forth, that arbitrary 
measures should be adopted or attempted to be enforced, which 
were inconsistent with their rights, and with the measure of 
self-government, which they had long enjoyed. 

There was so much dissatisfaction manifested, and such ex- 
pressions of complaint and reprobation uttered by the people, 
touching the opinions of the court and the authority of cus- 
tom-house officers thus sanctioned, that, at the next meeting 

• " I do not recollect that the town of Boston ever chose a lawyer to repre- 
sent it, under the second charter, till the year 1738, when Mr. Reed was 
chosen, but left out the next year, and Mr. Pratt in 1758 and 1759. These 
were men of the first character in their profession. Lawyers have since 
taken the lead and been much employed in public measures." Hutch. Vol. 
HI- — But Oxenbridge Thacher was a member from Boston, as well as James 
Otis, as early as 1704. 

t Some of the justices had objections to granting writs of assistance, and 
judgment was postponed. The chief justice was desired to write to Eng- 
land for information, as to the practice there, in similar cases. He learnt 
that the court of exchequer did issue writs of a general nature, touching 
the customs ; and this was afterwards deemed a sufficient authority for grant- 
ing them in the province. 



HISTORY OF MASSACHUSETTS. 149 

of the general court, the governor saw fit to admonish them 
" to disregard all attempts to disturb the public mind," (as he 
chose to represent the indignant declarations of the friends of 
liberty;) "as there was no just cause for a jealousy of tyranny 
under the reigning monarch, as there had been in the time of 
the Stuart dynasty." The representatives and council united 
in an answer to the speech, and said, that they knew no rea- 
son for his apprehension or admonition, at that time ; that they 
were not sensible of any party feelings or unjust jealousies, and 
that, if the people should manifest them, they would endeavor 
to suppress them ; that they had no suspicion their civil rights 
were in danger under his administration ; but still that it was 
their duty to see for themselves, in guarding the interests and 
liberties of their constituents. 

On a bill for making gold a tender, at its current value in 
the province, which was brought into the house of represen- 
tatives and passed, a dispute was engendered, which was fol- 
lowed by a warm discussion, and produced or confirmed party 
feelings of long continuance and of important results. Gold as 
well as silver had been the current coin for several years, from 
the introduction of specie for paper in 1753-4 ; but silver only 
had been a lawful tender in the payment of debts. Silver, in 
England, had increased in value, or in price, at nearly the rate 
of four pence on the dollar ; on this account, more silver had 
been sent out of the province than gold, and the former had 
become comparatively scarce. For the benefit of the people, 
it was proposed to make gold a legal tender ; for while it was 
not so, the debtor would be obliged to obtain silver, at a con- 
siderable loss, to satisfy his creditor. By the influence chiefly 
of Mr. Hutchinson, the lieutenant governor, the council refused 
to concur with the house, and the bill failed. Their objection 
was, that it was sufficient to have one made a tender ; that the 
other might be left to take its chance ; and thac it might be as 
profitable to export gold as silver ! Such was the language of 
the great opposer of the bill ; but the people were not satisfied, 
and the most considered the objection altogether frivolous. — 
If Mr Otis, on this occasion, secured the attachment of the peo* 
pie, the lieutenant governor forfeited it in an equal degree. The 
bill was calculated for the relief of those who had large debts 
to discharge, and only lessened somewhat of the profits of the 
capitalist. The effect produced on political parties, then form- 
ing, or becoming more distinctly marked, served to show that 
the minds of the people were prepared to contend, not only for 
their civil privileges, but for their own interests, if in any 
18 



150 HISTORY OF MASSACHUSETTS. 

respects different from the officers and dependants of the king. 
The friends of the people seized on this conduct of Mr Hutch- 
inson, to represent him as one indifferent to the welfare of the 
poor, so be did not himself suffer. 

The controversy, which arose in England, between Wilkes 
and the administration, (1763 J excited a lively interest in 
Massachusetts, and tended to keep alive the feelings already 
awakened in favor of liberty. It was believed, by the whigs 
of that period, that Mr Wilkes, who Was a member of parlia- 
ment, was persecuted on account of his political principles, 
which were highly in favor of liberty. He was arrested by a 
warrant from the speaker of the house of commons, for an al- 
leged libel on the house, and confined in the tower. But, on 
application to a judicial tribunal, was ordered to be discharged. 
His imprisonment was deemed altogether arbitrary and unjust, 
by the whigs both in England and America ; and the occasion 
was seized to declaim against the tyranny of the administration, 
and the jealousy of the people was thereby aroused towards 
the friends of the British ministry in both countries. One of 
the principal advocates in Massachusetts, for the measures of 
administration, observed, " that men took sides in New England 
on mere abstract points in government, when there was nothing 
in practice which could give grounds for forming parties :' as 
if principles were unimportant, and it was sufficient to object to 
real acts of oppression, or the execution of a despotic system. 
The motto of the patriots of Massachusetts was, " obsta princi- 
piis" The spirit of those who supported the measures of ad- 
ministration may be detected in the justification offered by the 
individual already quoted, when the officers of the crown, es- 
pecially those of the customs, were charged with promoting 
measures restrictive of the rights and liberties of the people, 
" that they had the law on their side. " * 

At this period, the terms, tory and whig were introduced in 
the colonies, as descriptive of the two great political parties, 
then forming, and soon after more distinctively known and de- 
signated. The appellation became very general, as the dis- 
pute became more warm and frequent, between those who sup- 
ported the measures of administration, however arbitrary, and 
those who opposed them and professed to be friends of liberty, 
however vehement in their opposition, or extravagant in their 
opinions. The latter epithet was a passport to popular favor, 

* Mr. Hutchinson, who was the lieutenant governor, chief justice of the 
superior court, judge of probate, &c. &c. &c. 



HISTORY OF MASSACHUSETTS. 151 

without regard to other qualities ; and the former rendered one 
unpopular, though amiable and virtuous in private life. The 
distinction, certainly, was real and great between these respec- 
tive classes of politicians ; the one held to principles dangerous 
to republican freedom, and the other to such as were favorable 
to the liberties of the people ; and yet party prejudices, as has 
always been the case, served to represent one class, as pos- 
sessing none but selfish and malignant feelings, and the other as 
governed, in all cases, by generous and disinterested motives. 

Mr. Hutchinson was of exemplary manners in domestic life, 
and deemed moral and correct in his intercourse with his fel- 
low men. But he was considered ambitious and very covetous 
of honor and office. And with this ruling passion, he was in- 
duced to advocate the claims of the crown and the conduct of 
the British ministry, however oppressive to the people, or con- 
flicting with the rights granted by the charter. The political 
principles of Mr Hutchinson, which led him to contend rather 
for the authority of the government, than for the rights and 
liberties of the people, and the decisions he had given, as chief 
justice, which were in favor of the officers of the crown, who 
were deemed very arbitrary and oppressive in their conduct, 
served to deprive him of the popular favor, and an influence 
was exerted in the general court to lessen both his salary and 
his power. It was proposed to exclude the lieutenant gov- 
ernor from the council-board, and to prohibit any justice of the 
superior court from being a member of either branch of the 
legislature. It was also contended, that he was to act only in 
case of a vacancy in the chair, and that being an officer ap- 
pointed by the king, he ought not to be of the board of coun- 
sellors, who were elected by the representatives. But prece- 
dent was in favor of the lieutenant governor having a seat at 
the board. For the year 1762, no extra allowance was made 
the chief justice, as had been done for many previous years. ' 

On the return of peace, the British ministry became particu- 
larly attentive to the state of the American provinces, and 
manifested a desire to learn their resources and population 
Whether it was intended to alter their charters and maintain 
a different form of government, or whether it was apprehended 
that the people were aiming at independence, and that it would 
be necessary to have a military force to prevent it, did not 
appear. It was more probable that a plan was proposed to 
raise a revenue in the colonies, which were represented to be 
fully able to yield it, towards the support of the parent govern- 
ment, and the payment of its immense debt ; and that from the 



152 HISTORY OF MASSACHUSETTS. 

known opposition to such a measure, it would be necessary to 
have a military power to enforce it. This was justly deemed 
a difficult measure ; for it was well known in England, that the 
colonies contended for the sole right of laying taxes and raising 
a revenue ; and that they had long insisted, that they needed 
all which the people could well pay, for their own debts, and 
the ordinary expenses of their several governments. 

As a part of this system, probably, (it was so considered in 
Massachusetts, however,) an order was sent to Governor Ber- 
nard, to have an exact census taken in the province. A law of 
the general court was necessary to carry such an order into 
effect, requiring the several towns to make returns of the number 
of their inhabitants. Great opposition was made to the passage 
of such a law. Some feared ulterior views had dictated the 
plan, unfavorable to the authority and interests of the province ; 
and some were weak enough to object to it, as indicating a 
distrust in providence. The subject was postponed for several 
sessions of the general court, but at last a vote was obtained in 
favor of the measure by a small majority. 

The policy of the British ministry for taxing the people in 
the colonies, for the support of the parent government, began 
to be manifested at this time, (1763) with less disguise than for- 
merly. Still, it was a question, how it could be effected with the 
least offence to the American people. It was soon perceived, that 
it could be accomplished only by way of duties on trade ; for, 
to direct and internal taxes the people would never submit. 
Even the first mode would be attended with difficulty in the 
collection. There would be frequent infractions or evasions of 
the law ; and nothing but a military force would ensure success 
to the system.* The ministry in England were ready enough 
to adopt the plan ; but there was reason to believe that individ- 
uals in Massachusetts and the other provinces favored it, in the 
hope of obtaining office in the custom-houses, or large salaries 
from the revenue in other public stations. 

During the year 1763, so full of interest relating to subjects 
of a merely political nature, a controversy arose of a religious 
character, which called into exercise the talents of a distin- 
guished clergyman of Massachusetts, and which serves to illus- 
trate the views and feelings of the people of that period. The 
society in England for propagating the gospel in foreign part?, 
which was composed of episcopalians, had nearly thirty mis- 

* It wass, in fact, proposed to keep up an army of 10,000 men in the col- 
onics, at -this period. 



HISTORY OF MASSACHUSETTS. 153 

sionaries located in different parts of New England ; and most, 
if not all of them, were in towns where the gospel was faith- 
fully preached by the congregational or other dissenting minis- 
ters of good education. This was a gross misapplication of 
their funds, unless they took the exclusive ground, that the 
people in New England, who had not episcopal teachers, were 
without preachers of the gospel. Many feared, that it was 
intended to introduce episcopacy into the colonies, as had been 
more than once proposed before, and that it might be made the 
established religion, as in England. Several of these missionaries 
were placed in the vicinity of Boston, and one at Cambridge, 
where the people enjoyed the preaching of the gospel in all its 
fulness and truth. Such an injudicious and narrow spirit called 
for reprehension. Rev. Dr. May hew undertook to show the 
perversion of the designs, and the misapplication of the funds 
of the society, if its real object was to spread the knowledge of 
the gospel. His writings on the subject, were equally powerful 
and severe ; and having the popular sentiment in their favor, 
extended and increased his literary fame. The ability dis- 
played by Dr. Mayhew could not be resisted, and the society 
soon changed the direction of their efforts; but the fears of the 
people in New, England were not removed, as to the designs of 
the English hierarchy. Such also was the connexion between 
the established church in England and the monarchy, that this 
movement, on the part of episcopacy, led to the apprehension 
that the parent government meditated designs incompatible 
with civil liberty. 

During the years 176-2 and 1763, there were no measures 
proposed, except those relating to the currency and the custom- 
house, already noticed, which brought into discussion the ques- 
tion of the supremacy of parliament and of the authority of the 
provincial legislature. Several subjects, indeed, were brought 
forward, bearing, in some degree, upon this impoitant ques- 
tion ; and the house never failed to assert their right to be 
consulted in raising or appropriating money, in all measures at 
all affecting the legislative authority which they had long 
claimed. The governor called for several hundred men to man 
the forts in the eastern parts of the province, and in Nova 
Scotia, and also to march to the lakes and westward ; but, in 
some cases, they declined raising any of the men he required; 
and in others, ordered only a small portion which were called for. 
And when he advised that the forts on the frontiers should be 
repaired, they replied that the state of the public treasury was 
such, they had not the means to do it. When the governor 



154 HISTORY OF MASSACHUSETTS. 

referred to express instructions from the ministry for the requi- 
sitions he made, they replied, that they must judge of the ne- 
cessity of the case, and the ability of the people. They gave 
repeated directions to their agent in England, to attend to the 
rights of the province, in the bills before parliament, which 
related to the colonies,' especially as to regulations of trade, and 
the duties imposed, for raising a revenue in the colonies for the 
benefit of the parent government, when the province was 
greatly in debt, and needed all its resources to support its credit, 
and to discharge the current expenses ; and above all, as to 
the plan then suggested of keeping up an army in the colonies, 
when the war in America had ceased. In some cases, the 
house instructed the agent, without consulting the council, or 
asking them to join, as they were jealous of the leading mem- 
bers of that board, and feared they would not speak to the agent 
with sufficient decision and explicitness. 

There was some just cause, at this period, to fear, that the 
British ministry cherished designs of governing the colonies, 
and of raising a revenue, without asking the consent of the 
assemblies; and of exercising all the great attributes of author- 
ity, which would be placing the province altogether in a de- 
pendent and very degraded state. Indications of this kind 
appeared in several plans suggested by the ministry, and the 
agent of the province expressed his fears, that this was in con- 
templation. The intelligent men in Massachusetts were 
alarmed at these appearances, especially when the doctrine of 
the king's prerogative and of the supremacy of parliament found 
many advocates in the province. In a wish to guard their 
rights, they sometimes gave way to unreasonable jealousies ; 
and sometimes asserted and claimed more power than the char- 
ter granted them. They perceived, however, as they believed, 
that the subjects in England had greater privileges, in some 
material points, than they had; particularly, as the people 
there were represented in the house of commons, where all 
taxes and duties were ordered, and all grants of money were 
made. The only security for the rights of the colonists, they 
said, was in the house of assembly having similar authority in 
the province ; and every deviation from this principle, in any 
form, was opposed, as inconsistent with the rights of English- 
men, and as an exercise of arbitrary power. 

In 1763, a committee was chosen to prepare a statement of 
the population, trade, and resources of the province. The 
statement which was made soon after, gave 245,000 inhabitants, 
5000 of which were people of color. The manufactories were 



HISTORY OF MASSACHUSETTS. 155 

few. The cod fishery gave employment to 300 vessels; 100 
in the mackerel fishery ; and about 180 in the whale business, 
most of which then visited the northern latitudes. In these 
several pursuits, 6000 men found employment. A large num- 
ber were also engaged in foreign voyages, for transporting fish 
and lumber, and bringing, in return, the products of the Western 
Islands, and wine and spirit from Spain and Portugal, and the 
manufactures of England. 



CHAPTER XI. 



British propose to raise a revenue in the Colonies — Sugar act — Opposed — 
Resolves as to right of Taxing — Otis' Pamphlet — Its doctrines — Views 
of British Ministry — Petition to Parliament — Difference on its tenor — 
Letter to Agent — Answer to Governor's speech — Opinions of Trade — 
Representatives in Parliament from Colonies proposed — Stamp Act — 
Convention at New York — Riots and Mobs at Stamp Office, and else- 
where — Opinions on public rights and duties of Governor and Represent- 
atives — Stamps sent into Province — Distributor of them resigns— House 
declines to interfere. 

' In the winter of 1764, the British ministry brought forward 
in parliament a plan for raising a revenue in the American col- 
onies. A high duty was laid on molasses, a principal article 
of trade with the West Indies, and which was manufactured in 
large quantities into sugar and rum, in Massachusetts. A bill 
laying duties on writs, deeds, and other public papers, was 
introduced, but postponed. The act for a duty on molasses 
was passed, and .the duty fixed at threepence on a gallon. 
There had long been a similar act of parliament ; but the duty 
was so high (being sixpence J that it would have operated as a 
prohibition, had it been rigidly exacted. But this dispropor- 
tionate and efcfcravagant duty served only the purpose of evasion 
and smuggling. The article was imported, but the law was not 
enforced ; so that when a duty of threepence was imposed by 
the act of 1764, and a provision made for a rigid enforcement, 
the people complained of the measure as very oppressive. It 
was also matter of complaint, that the province had no notice 
of the bill till it had passed into a law, and therefore no oppor- 
tunity to state their objections to it. The bill for stamp duties 
was postponed merely on condition, that the colonies might 
have the privilege of taxing themselves for the benefit of the 
parent state ; the alternative being to lay such tax in their own 
way, or submit to such tax as parliament might direct. 

These measures of the British administration produced a 
great sensation in Massachusetts: and awakened the zeal of 
the patriots to prevent the operation of the proposed system. 
Fresh instructions were given to the agent in England, to 



HISTORY OF MASSACHUSETTS. 157 

remonstrate against the law which bad been passed, and to pre- 
vail on ministers to withdraw the one which bad been of- 
fered and postponed. They prayed the governor to inter- 
cede for them with the king ; they addressed protests and peti- 
tions to the ministry ; made statements of their past services 
and expenses in defence of the British territories, and of the 
great debt of the province ;* and passed resolutions, expressive 
of their views of -the political powers of the province, and of 
the exclusive right of the general assembly to lay taxes of 
every kind on the people, as well as to direct to what purposes 
they should be applied. 

In these patriotic measures to resist the encroachments of 
arbitrary power, the citizens of Boston seem to have been the 
first. They instructed their representatives! in May, 1764, " to 
use their utmost influence to maintain the rights and privileges 
of the province, as well those which we derive from the charter 
as those which, being prior to and independent of it, we bold 
as free born subjects of Great Britain ; to preserve the indepen- 
dence of the bouse of representatives, which is necessary for a 
free people ; to use their influence for a law to render the judges 
and all officers of the crown ineligible to seats in the bouse or 
council ; to prevent, if possible, new and heavy duties on 
trade ; for if one trade may be taxed (say they) why not our 
land, without consent of the representatives: as all taxes ought 
to be laid by them ; especially to insist on this, as otherwise 
we shall be no better than slaves." At the same time, how- 
ever, they expressly acknowledged a subordination to the gov- 
ernment of Great Britain. 

These doctrines and principles were approved by the bouse 
of assembly in June, 1764 ; and its approbation was also given, 
at the same lime, to a pamphlet, then just published, written 
by James Otis; in which those doctrines were' asserted and 
advocated with equal zeal and ability. These opinions and 
principles, the bouse adopted as their own, by ordering copies 
to be sent to their agent in England, and instructing him to 
consider them as bis guide. This was the act of the house of 
representatives, without consulting the council, which had gen- 
erally joined with them in similar measures. In the letter to 
the agent they said, ;; we consider this act, not merely to reg- 
ulate trade, but to raise a revenue, and learn that other niea- 

* The public tax for l?iJ4. chiefly for paving off the debt incurred from 
1755 to 1762, (which was n | was £133,000. 

t The Boston representatives, for 1764, were James Otis, Oxenbridge 
Thacher, Thomas Cushing, and Thomas Gray. Richard Dana and 
Samuel Adams were two of the committee which prepared the instructions. 

19 



158 HISTORY OF MASSACHUSETTS. 

sures for the same purpose are proposed ; and we cannot but 
express our concern on the occasion. We are empowered by 
our charter to raise money for the support of our government. 
If duties and taxes are laid on us by parliament, in one instance, 
what assurance have we, that they will not be so multiplied as 
to render this privilege of no importance ? We have the right, 
by charter, to tax ourselves ; but so far as parliament shall lay 
taxes, so far they will deprive us of this right." They did not, 
indeed, instruct him expressly to deny the right of parliament 
to tax them ; for, at that time, they were not prepared for such 
a declaration, from want of resolution, or of a settled opinion on 
the subject. But such was the tendency and tenor of their 
remarks ; for they asserted, that it was a fundamental principle 
of the British constitution, " that the subject could not be taxed 
without the consent of his representative ; and the province was 
not represented in parliament, which had, or was about to, lay 
taxes on its inhabitants ; " and they added, " that they should 
be reduced to slavery, if the British government, in which they 
had no voice, might tax them at its pleasure." They also stated 
the oppressions and evils growing out of the restrictions on 
trade ; but admitted that these might possibly be borne, as it 
was a regulation of their pursuits abroad, and only served to 
impede their prosperity or wealth ; and though, indeed, they 
complained of this, it was a small evil compared to that of 
being denied the privilege and right of raising such taxes and 
in such way, as they might prefer. This they considered the 
only barrier for British liberty, and against endless oppressions. 
These opinions were more fully stated and urged in the 
pamphlet written by Mr. Otis, and were in some measure an 
abstract of his views on the subject. He rather admitted than 
denied the supreme authority of parliament over the whole em- 
pire, of which the colonies were a part — and yet asserted, that 
parliament was bound by a regard to great constitutional princi- 
ples, recognised in the revolution in England, of 1688 — but 
that it could not be allowed to be arbitrary, and should be guid- 
ed by fixed and settled doctrines — that it could not take the 
property of the people without the consent of their representa- 
tives, or allowing an equivalent, and could not transfer its pow- 
ers to others — whence it followed, that the parliament of Eng- 
land could not legislate for the people in the colonies, which 
were not represented in that body ; and especially ought not to 
lay taxes on them ; that its acts for raising a revenue from the 
colonies, whether by direct taxation, or in the way of imposts, 
were oppressive and unjust — oppressive, as the province needed 
all its resources for the discharge of its separate debt, and the 



HISTORY OF MASSACHUSETTS. 159 

support of its government ; and unjust for the reason before 
given, that it was a tax, in laying which their representatives 
had no voice. Much was urged in the pamphlet, by way of 
illustration of the injustice of the proposed system of taxation ; 
and the opinions of Locke were quoted to fortify the arguments 
of the writer. The supremacy of parliament seems to be 
admitted ; but a distinction was set up, in favor of the power of the 
subordinate legislature in the province, to tax the people in all 
cases, and for the purposes of internal police ; consenting, how- 
ever, that great national concerns should be under the exclusive 
direction of the parent state. 

The plan of the British ministry, at this time, which was 
distinctly avowed to be, to raise a revenue from the colonies, 
for the payment of the national debt of England, was indeed 
opposed from principle, as it was deemed contrary to the rights 
of Englishmen, and to the great principles of the British consti- 
tution, as recognised in 17SS; but the opposition probably was 
the more decided and explicit, as the money to be raised in 
America by the laws of parliament, where no representatives 
of the interests and feelings of the colonists could be heard, was 
to be applied solely to reduce the debt of England, or to sup- 
port officers of the crown ; and such laws were also to be 
enforced by regular British troops. To such a system, no won- 
der that the people of Massachusetts, long accustomed to liberty 
and self-government, were most resolutely opposed. They saw 
a foreign legislature claiming the right to tax them, and an armed 
force to execute the odious law which seized on their property, 
without their consent — and this tax was to be applied to sup- 
port the agents of tyranny ; mercenary soldiers, and petty offi- 
cers, appointed to collect the taxes! 

There was an attempt, also, by Mr. Otis, in his pamphlet, 
and the committee who prepared the letter to the agent of the 
province in England, to convince the ministry and parliament of 
the inexpediency and impolicy of the proposed system. The 
sufferings and hardships, the dangers and expenses of the first 
settlers of the province, their exertions for their own defence 
for more than a hundred years, without aid from England, the 
efforts made for ten years then last past, for the honor and wel- 
fare of the British empire, and the check to the wealth and 
prosperity of the colonies, by the plan intended — were all stated, 
in the hope that the ministry would abandon their purpose, for 
the sake of the growth of the province, and from feelings of 
justice, even if they had the right to enforce it. 

At this session, in June, 1764, the house of representatives 
chose a committee to write to the other colonies, informing them 



1(30 HISTORY OF MASSACHUSETTS. 

what measures they had adopted, and what statements they 
had made to the agent in En and soliciting their concur- 

rence in the great object, which all must have in view, by giv- 
ing similar directions to their agents, to be presented to parlia- 
ment or the ministry. 

The governor was too politic to interfere with these proceed- 
ings, any further than to prorogue the general court to a distant 
day ; and he did not call them together till some of his political 
friends advised him to do it. But he and the lieutenant governor 
wrote to the ministry in England, that the opposition to their 
plan of raising a revenue was owing to a few disappointed indi- 
viduals ; and yet at the same time presented a different view of the 
state of the popular feeling, by expressing a belief that the 
military might be necessary to cany the system into full effect; 
but whether a land or naval force*, they did not at that time 
decide. The lieutenant governor also, soon after, and before 
the next session of the general court, wrote to his political 
friends, that the plan was impolitic, and would probably serve 
to injure the trade of the province, even that branch of it, 
which led to commercial intercourse with England. 

The general court was prorogued by the governor to July, 
and postponed, by several proclamations, to the month of Octo- 
ber. It was the general belief, that this measure was designed 
to give opportunity for more deliberate councils, and more 
moderate feelings, than were manifested by the proceedings in 
June. The friends of the ministry were unwilling to admit, 
that the opinions and doctrines of Mr. Otis, and of some others 
in the house, were agreeable to the citizens of the province, 
generally, ^hey deemed those doctrines little short of treason, 
and highly </, lgerous to the peace of the colonies ; and they 
hoped that i$$ event would prove they were true prophets. It 
was not to be supposed, as they had said, that the province 
would set itself in array against the royal will, as made known 
by the ministers, or the authority of parliament, to make laws 
binding them even in all cases whatever. The wisdom of 
British ruleis, they concluded, would be considered infallible, 
and their power irresistible. But the people were not prepared 
to acknowledge such doctrines, nor to admit such a conclusion. 
The principles of their fathers would lead them to subscribe to 
no such political creed. The conduct of the crown officers, 
especially those in the customs, and the disposition of the gov- 
ernor and the chief justice to support them in their proceedings, 
served to awaken the fears of the people, and to direct their 
inquiries to the tendency of measures adopted by the British 
ministry. The long period of the adjournment of the legisla- 



HISTORY OF MASSACHUSETTS. 161 

hire was not lost. The people had time to form their opin- 
ions ; and the representatives, to learn the views of their con- 
stituents. 

Some of the leading member? of the general court, who op- 
posed the policy of the British administration, were charged 
with being influenced by selfish and personal considerations. 
But there could not have been any just foundation for the 
charge. For the expression of the opinion of the people gave 
evidence, that the patriots were not contending for speculative 
tenets, nor declaiming against imaginary evils. And where 
success was almost hopeless, it could not justly be concluded, 
that their professions were insincere, or their efforts the fruit of 
mere ambition. 

When the general court met, in October, the governor 
avoided touching en the measures of the ministry, or of the 
proceedings of the house at the former session. He merely 
advised to moderation, and to harmony between the two 
branches. The representatives, however, were prepared to 
follow up their opposition to the policy of the Biitish adminis- 
tration, and resolved to omit no efforts to preserve the liberties 
they had before enjoyed, and to which they contended they 
were entitled by their charter and by virtue of their birthright. 
They had found the tone of public feeling to be such, as to 
incite to perseverance rather than to retract aught of former 
declarations and claims. A large committee was chosen, to 
prepare a memorial to the king, before whom they wished 
directly to lay their grievances and fears, in the hope that his 
royal favor might be exercised in their behalf. In this paper, 
they spoke decidedly, though most respectfully of their rights, 
and at the same time declared their loyalty tc *- «iis person and 
crown. Another consideration, probably, led „,jthis course, as 
they had always acknowledged allegiance to. the crown ; but 
were reluctant to apply to parliament, whose right to make 
laws for them, they were not willing so fully to admit. But 
they wished for the voice of the council, also, in the measure, 
and, therefore, sent the petition to that body for its concurrence. 
The council objected to the tone and language of the address, 
and proposed, also, that if any memorial was sent, it should be 
addressed to the house of commons. This caused delay, and 
a conference was agreed, by a committee from each branch. 
A difference of opinion still prevailed between the committee 
of the house and of the council. The original paper, as it 
passed the house, claimed the right of laying all taxes and du- 
ties on the province, and by implication, at least, denied the 
right of parliament to impose them. The majority of the com- 



162 HISTORY OF MASSACHUSETTS. 

mittee of the council was opposed to taking this high ground ; 
and proposed to speak of it as a privilege or favor to be allowed 
to impose taxes, and not as a right. The committee of the 
house insisted upon the original term. The council would not 
consent; and a compromise was finally made, by which the 
term liberties was substituted, in one place, for rights, and in 
another, privileges was inserted ; so that the prayer of the pe- 
tition was, " that the liberties and privileges of the province, 
relative to internal taxes, might be continued." 

In this petition, the general court referred to the high duty 
laid on sugar and molasses, large quantities of which were im- 
ported from the West India Islands, in return for fish and lum- 
ber, which was the chief trade of the province, and which en- 
abled them to purchase the manufactures of England ; and they 
complained of the establishment of courts of admiralty in the 
colonies, and of the provisions of the act, which gave great 
power to the custom-house officers, encouraged spies and in- 
formers, authorized trials in a distant province, and denied 
redress to the defendant, even on proving his innocence. But 
the principal objection was, that the right or privilege always , 
enjoyed, was taken away, — that of their representatives de- 
ciding fieely, both of the way and manner of raising internal 
taxes, of the ability of the people to pay, and the purposes to 
which the money should be applied. They also stated, that 
their taxes were high, owing to the great debt of the province. 
And as parliament claimed the right to tax the province, be- 
cause the province had a right to protection from the parent 
state, they showed, that the people of Massachusetts had always 
defended themselves, only having aid from England against a 
common enemt, jthe French, when the nation made war for 
its own purposes and objects. In truth, there was no promise 
of protection, on the one part, nor claim to it, on the other, 
authorized by the charter.* 

In their letter to the agent, at the same time, the general 
court said, they had touched upon their rights in such a man- 
ner, as that no inference could be drawn, that they had either 
given them up, or had set up in opposition to parliament, or de- 
nied that they were bound by acts of parliament ; and yet, they 
added, "in a letter to you, we may be more explicit, — a right 

* So 'far were the people in Massachusetts from claiming protection from 
England, (and they probably would have done it, if they had the right to 
demand it.) that when it was proposed, at an early day, to ask for aid as a 
favor, they declined it, because it might be construed, by the parent gov- 
ernment, as leaning on thein, and looking to them for assistance ; and 
would have an injurious effect on their right to self-government. 



HISTORY OF MASSACHUSETTS. 163 

the people of the province undoubtedly have, by charter, to 
tax themselves; and so far as parliament shall lay taxes on us, 
so far will they deprive us of this right. If the first settlers of 
the colony had not supposed they were as secure in the enjoy- 
ment of this right as to the title to their lands, they would 
never have left England and settled in America." 

Although the governor prudently avoided giving his opinion 
on the subjects, which had excited so general and deep an 
interest through the province, the house chose a committee, in 
which the council, as was usual in such cases, joined them, to 
answer his speech, and to express their views as to the great 
question, which then agitated the public mind.* 

Similar opinions were advanced in this paper as in the letter 
to the agent, and in the memorial to the house of commons. 
They said they would seize the occasion to express their senti- 
ments, on a subject of the last importance to the province. 
Acknowledging their duty to submit to the act of parliament 
for raising a revenue in the province, until it was repealed, they 
objected, " that it affected their civil rights and their commer- 
cial interests, — the former, inasmuch as it deprived them of a 
trial by jury, in case of seizures, for alleged violations of the 
law; and as the judge and officers of the admiralty court were 
interested in the event of the suit ; and the latter, by the high 
duties, and severe penalties provided." They attempted, also, 
to show the injury to their trade with England, as well as with 
foreign ports, by the restrictions imposed. And they requested 
the governor to use his influence with the British ministry to 
repeal the oppressive act. 

At this session, a joint committee was appointed, to make a 
statement of the expenses incurred by the province in preced- 
ing periods, which was accordingly prepared; and at the close 
they observe, "that the province has had its full share of the 
burdens of the British empire; that, by its representatives, it 
has submitted to the heaviest taxes; that it was greatly ex- 
hausted by past exertions, and that it would be very difficult to 
clear the great load of debt remaining, if the trade were left to 
its natural course, and no new burdens laid on them by Eng- 
land : that if the act was enforced it would so impoverish the 
people, and drain off the specie, that a general bankruptcy, 
both public and private, must ensue." 

The opinions advanced, and the rights claimed and asserted 
in these public papers, cannot excite any surprise in the minds 
of those who have noticed the declarations and conduct of the 

' Mr. Bowdoin was chairman of the committee who reported this answer. 



164 HISTORY OF MASSACHUSETTS. 

people of Massachusetts, for several preceding generations, and 
even from the earliest period of its settlement. They were 
hut new expressions of the sentiments of the colony, on former 
occasions, when their rights were invaded, or their authority to 
make laws for their own government was called in question. 
Saving always their allegiance to the king, as would he done if 
they had lived in England, they asserted the right, derived 
both from nature and their charter, to make laws and assess 
taxes for themselves, or by their fellows, chosen expressly for 
the purpose ; and, therefore, remonstrated against all interfering 
and controlling authority in these respects. This they invaria- 
bly did. They expressly refused submission to the commis- 
sioners of Charles 11. ; and this was but an expression of their 
general principles; and when called on for troops, by the 
agents and officers of the British government, from time to 
time, they debated the propriety of the call ; and sometimes 
declined to comply, and sometimes to furnish only a part of 
what was required. 

As one objection to the right of parliament in laying taxes 
on the people in the province, and legislating for them in other 
respects, was that the province was not represented in that 
body, it was a plan of some individuals, of whom Mr. Otis, at 
first, was one, to have members from the colonies to sit in the 
British house of commons. The ministry was inclined to favor 
the measure; but it was soon after perceived, that the repre- 
sentatives would be so small, that it would be of no benefit, and 
it was never formally discussed in parliament. 

These opposing claims vn(\ opinions go to show, that a stand 
had been taken by Massachusetts, which if sustained would 
lender the province almost independent of the government of 
England ; or if given up, there would be an end to the civil 
power as hitherto usually exercised, and the authority of par- 
liament be supreme and unlimited. This was the alternative, 
which some intelligent men apprehended, at this period, though 
none then probably sought for independence. The zeal and 
earnestness, with which the patriots, even at that early stage 
of the dispute with Great Britain, urged their rights and op- 
posed the claims of England, furnish evidence, that they look- 
ed to the consequences of measures, and that they thought their 
liberties must be ably defended, or they would be lost forever. 

If the tax on sugar and molasses, to raise a revenue was de- 
nounced as inconsistent with charter rights and the principles 
of British liberty, the stamp act, by which all printed or writ- 
ten public legal papers were liable to an excise or duty, met 
with still stronger opposition. It was considered as an internal 



HISTORY OF MASSACHUSETTS. 165 

tax, for the purpose of raising money in the province for the 
use of Great Britain. So far, indeed, as the former act was 
not a mere regulation of trade, but intended to draw a revenue 
from the province, without the consent of the representatives, 
it was opposed and reprobated. As to the stamp act, there 
was no disguise or deception in the case ; the professed object 
was to raise money for the public treasury of England, except 
it should be all squandered on the officers of the crown in the 
province. Writs of all kinds, probate papers, deeds, and even 
diplomas for college degrees, were all subject to a duty. 

At the session in January, 1765, Governor Bernard made a 
short speech to the assembly, and observed " that the present 
were times of difficulty and distrust ; and recommended for- 
bearance and submission to the laws of parliament." 

The representatives replied, " that though the times were 
difficult, they hoped not of distrust — that they would not dis- 
trust the wisdom and goodness of parliament, but would still 
rely on them, next to the wisdom and goodness of the Su- 
preme." No measure of great political importance was adopt- 
ed at this session ; except that an effort was made to withhold 
the extra grant to Mr. Hutchinson, as chief justice ; and it was 
allowed by a majority of only one vote. But when the court 
convened the last of May following, intelligence had arrived 
that the stamp act had passed ; and the governor endeavored 
to moderate the feelings of the people on the subject, in his 
public speech. He said, " the character of the monarch was 
such as to realize the idea of a patriot king : and that the Brit- 
ish parliament was the sanctuary of liberty and justice, in whose 
proceedings they might have perfect confidence." To this 
speech, the house made no reply, but immediately chose a 
committee to consider the state of the province, who reported 
the plan of a convention to be holden at New York, composed 
of delegates from all the colonies, "to consult for the liberty 
and safety of the people in this alarming crisis." A commit- 
tee was chosen, consisting of James Otis, Oliver Partridge and 
Timothy Ruggles ; * and they were instructed to consider the 
difficulties to which the colonies would be reduced, by the 
operation of the acts of parliament for laying duties and taxes 
on the people. The convention met in October following, 

* Timothy Ruggles, one of the delegates from Massachusetts, was op- 
posed to the opinions advanced at the convention ; for which, on his return 
he was censured by the house of assembly. The resolutions went fully 
to deny the right of the British parliament to tax the people in America. — 
On that occasion, Mr. Hutchinson said, " it was not infrequently the case 
that the advocates for liberty denied others liberty to dissent from them." 

20 



166 HISTORY OF MASSACHUSETTS. 

composed of delegates from Massachusetts, Rhode Island, New- 
Jersey, Pennsylvania, Delaware and Maryland. They pre- 
pared petitions to the king and to parliament, in which they 
stated and urged the arguments and views presented in " The 
Rights of the Colonies," and in the public papers of the general 
court of Massachusetts, in 1764. 

Before the time of holding the convention in New York, as 
proposed, had arrived, the people in Massachusetts became 
impatient under their repeated acts of oppression and tyranny, 
as they deemed them to be ; and their highly excited feelings 
hurried them on to acts of great irregularity and disorder. A mob 
collected, in the month of August, suspended an effigy of the 
person who was appointed to distribute the stamps ; and thence 
proceeded to attack his office and dwelling-house. And a few 
nights after, they made repeated assaults on the mansion of the 
lieutenant governor ; which they injured, and threw most of his 
furniture and books into the street. * 

These disorders were perpetrated by the lower class of the 
community — sober and intelligent men of the patriotic party 
regretted and condemned them. While the governor and his 
political friends endeavored to place them to the prejudice of 
the opposition, by representing them as enemies of law and 
order, those opposed to the late measures of the British ad- 
ministration referred to them as proof of the oppressions the 
people suffered , and by which they were driven to such acts 
of violence. 

On this occasion, the governor called the general court to- 
gether at an early day, and referring to the late riots, said, " the 
executive authority was too weak to maintain order and put 
the laws in force, and that he must place that arduous duty in 
their hands. Without entering into an argument as to the 
propriety of the acts of which they complained, he could only 
remind them, that being laws of parliament, they ought to be 
obeyed." " The right of parliament to make laws for the colo- 
nies," he added, " however it had been controverted in the pro- 
vince, was undisputed at Westminster." He advised them " to 
oppose, not the legality but the expediency of the measures of 
which they complained : And he would have them reflect, 
that if the people refused to use stamps, there must be a sus- 
pension of all legal processes, and of all contracts in writing." 
He said "he was not disposed to magnify the dangers which 
were before them, but he thought the province was on the 

* Some valuable papers and letters, which Mr. Hutchinson had collected, 
were then destroyed, which was an irreparable loss. 



HI9T0RY OF MASSACHUSETTS. 167 

brink of a precipice, and that a sense of their danger was ne- 
cessary to their preservation." The governor also expressed 
his belief that the people needed to be enlightened and re- 
strained ; and yet a short time before he had represented the 
discontents in the province to be confined to a few ambitious 
individuals. 

The house did not answer the governor's communication 
for four weeks ; for he prorogued the court two days after it 
was made to them, and at the end of that time he again called 
them together. They were then prepared with an able an- 
swer, and also passed resolutions expressive of their views, as 
to the policy which the British was pursuing, and of the rights 
of the provincial assembly. In their reply to the governor, 
they said, " that if the province was on the brink of a precipice, 
a sight of the danger was necessary to its preservation, and to 
despair of the commonwealth would be a certain presage of its 
fall — that the people were awake to a sense of their danger, 
but their prudence would not be wanting to prevent the ruin 
of the province. " They believed the laws sufficient for the 
protection and relief of individuals, and they did not see the 
necessity of additional acts on the part of the legislature ; they 
could not oblige the people to use the stamps ; that they must 
judge for themselves ; and if the ordinary business was sus- 
pended, it was not the fault of the house. 

The governor said that the stamp act was an act of parlia- 
ment, and ought therefore to be obeyed. The house observ- 
ed, that they would not question or limit the authority of par- 
liament — yet that there certainly were bounds to it : that con- 
stitutional principles set bounds to and ought to control even 
the parliament itself. The charter of the province, they said, 
gave to the general court the power of making laws for its in- 
ternal government and taxation, and the charter has not been 
violated. They asserted, that there were certain original, in- 
herent rights belonging to the people, of which parliament it- 
self could not divest them, consistently with the constitution ; 
one of which was a representation in the same body which ex- 
ercised the power of taxation : and the right of the colonies to 
make their own laws and lay taxes, they said, had never been 
questioned — to claim a right in parliament therefore to tax 
the people without their consent, (by their representatives) 
would be despotic. They complained that some of the essen- 
tial rights of magna charta, to which they had, as Englishmen, 
an undoubted claim, were injured by it ; that it cancelled the 
conditions on which our ancestors settled the country, — that it 
was totally subversive of the happy frame of a subordinate civil 



168 HISTORY OF MASSACHUSETTS. 

government, recognised in the charter, which secures allegiance 

to the crown, connexion with the nation, and to themselves the 
indefeasible rights of Englishmen. 

The governor said, in his message, that he had not made it 
his business to form any judgment of the stamp act. The 
house, in reply, expressed great surprise, that, as he had known 
the discontents and complaints which prevailed, and professed 
to he anxious for the liberties and welfare of the people, he 
had not examined the provisions of the law, which he would 
have seen were very injurious to the province. He also insin- 
uated in his message, that they had countenanced the riots, or 
had not opposed and condemned them with due severity ; on 
which it was observed by the house, — " we inherit from our 
fathers the highest relish for civil liberty ; hut 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 rights are infringed, 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 jus- 
tice of parliament, to encourage any means of redress^ but what 
are justifiable by that constitution." 

At this session, October, 1765, the house of assembly passed 
several resolutions, referring to the dispute then agitated, touch- 
ing the right claimed by the parliament, to lay taxes and raise 
a revenue in the province. These resolutions were unanimous- 
ly adopted, and fully show the views and sentiments then pre- 
vailing among the people. It was declared, that there were 
certain essential rights common to mankind, founded in the law 
of God and nature, and that they were recognised by the 
British constitution — that the inhabitants of the province were 
entitled to those rights, in common with all men, and that no 
law of society could justly deprive them of those rights — that 
no man could take the property of another without his consent, 
and that on this principle is founded the right of representation 
in the same body which made laws for raising taxes — that by 
the royal charter, the people of the province were entitled to 
all the rights, liberties, and immunities of free and natural sub- 
jects of Great Britain — that those rights belong to the people 
of the province in common justice, as they settled the country 
at their own costs, and had defended themselves in time of 
danger; and having large taxes to pay for the support of gov- 
ernment in the province, it would be unjust to require them to 
assist in the support of the government of England : that a 
representation of the people of the province in parliament was 
impracticable, and therefore the powers of legislation were 



HISTORY OF MASSACHUSETTS. 169 

allowed to be exercised in America ; that therefore all laws 
made by any power whatever, other than the general assembly 
of the province, imposing taxes on the inhabitants, were in- 
fringements of their inherent and unalienable rights, as men and 
British subjects, and rendered void the most valuable declara- 
tion of their charter. " They also complained of the powers 
exercised by courts of admiralty, where there were no juries, 
and cases were decided in a capricious and arbitrary manner. 
These resolutions, the house ordered to be recorded, " that a 
just sense of liberty and their firm sentiments of loyalty might 
be transmitted to posterity." * 

While the general court was sitting, a vessel arrived from 
England with large quantities of stamp paper for Massachusetts, 
New Hampshire, and Rhode Island. The governor was at a 
loss how to dispose of them, and probably anxious to avoid 
giving offence ; and he asked the advice of the council, who 
referred him to the house of representatives. The house said, 
in reply to a message from the governor on the subject, " that 
as the stamps were brought into the province without their 
directions, it might prove of ill consequence for them to take 
any concern in the matter. " The governor again asked the 
opinion of the council as to the proper disposition of the stamps, 
who advised that they be deposited at the castle, to wait the 
orders of the British ministry. The officer, Mr. Oliver, had 
before declined to receive the stamps, and had resigned his 
office as distributor of them. 

* Hutchinson attributes the answer of*the house and tHfe resolutions, to 
Samuel Adams, who was one of the committee. Thomas Cushing and 
Samuel Dexter were also members of it. James Otis was absent. The 
style and sentiments fully confirm the opinion of Mr. Hutchinson. 



CHAPTER XII 



Judicial Courts suspended, on account of Stamps — Opinion of Representa- 
tives, and of the council thereon — Dispute with governor and Council 
on drawing money from the treasury — Extracts from Governor's speeches, 
and answers of the House — Stamp Act repealed, and assertion of the 
right of Parliament to make laws for the Colonies — Mr. Pitt — Dispute 
with Governor about choice of Counsellors — Reflections of the Council 
on the Riots — Address of House to the King — Political views of Gov- 
ernor Bernard — Different opinions among the people — Dispute in grant- 
ing compensation for the losses by the mob — Trade — Arrival of British 
troops — Dispute about expenses of the troops. 

It now became an important question, whether the courts 
should proceed without the use of the stamp paper, and whether 
any business could be legally transacted, where there were 
written contracts, without them. The citizens of Boston peti- 
tioned the governor and council to direct the courts to proceed 
without them. The general court being in session, appointed 
a committee on the subject, and the council joined several 
members of that board ; but though a report was made and 
accepted in trie council, the^house did not approve, and it was 
continued to the January session following. The report was 
in favor of the courts proceeding in the usual business, as though 
no such act of parliament had been passed. In January, it 
was proposed by the house to add to it, "that* the courts be 
directed to sit immediately ;" but the council seem not to have 
been willing to order the court to sit, but stated that it was 
understood the courts would be holden as formerly. Early in 
the spring they were held at the regular terms. As the courts 
had been suspended during the fall months, the house was desi- 
rous of directing them in January to proceed in their proper 
duties. The council were not backward in condemning the 
stamp act, and they expressed an opinion, that the courts might 
proceed without stamps ; but were unwilling further to 
interfere ; they said " the most sensible and judicious persons 
in the colonies looked on the act as grievous and unconstitution- 
al; and that it was believed no one would think it consistent 
with his reputation to distribute the stamps. " When the 



HISTORY OF MASSACHUSETTS. 171 

stamps were deposited at the castle, the governor and council 
ordered additional men as a guard ; and afterwards issued war- 
rants for their wages, without having the authority of a resolve 
of the house for it. This was a subject of heavy complaint, as 
a dangerous precedent. The house remonstrated against it to 
the council ; and the latter excused their conduct, by saying 
that the exigency required it. The house insisted, that it was 
highly improper ; but granted that the executive might justly 
order the men for protection, though it should not decide their 
pay, nor draw money from the treasury without a resolve of 
both branches of the legislature. The danger to the liberties 
of the people from such power in the executive was pointed out 
by the house ; and in a second address to the council, there 
was a solemn protest against the principle. 

The last day of the court, the governor sent a long message 
to the house, in which he criminated their conduct, and com- 
plained that he had not been treated with due respect. The 
first day of the following session, the house made a full reply ; 
in which they observed, " that they should have been happy 
to have passed it in silence, but felt bound to notice some parts 
of it, as he had borne hard on them. They could not suppose," 
they said, " that he meant to push the prerogative so far, as to 
impose silence on them. They expressed surprise that he 
should say, the disordered state of the province had affected its 
very councils ; and to intimate that it was on the eve of a rebel- 
lion. Impartial history," they said, " would testify, that the 
people of the province, after giving the strongest testimony of 
their loyalty to the king, also gave equal testimony of a love of 
liberty and a regard to those principles, which are the basis of 
his majesty's government, by a glorious stand even against an 
act of 'parliament, when they saw their essential and unaliena- 
ble rights disregarded and infringed — and that they had know- 
ledge and virtue enough to regulate their opposition by law. 
Your excellency says, the times have been made more difficult 
than they need to have been ; which is our opinion also. They 
who have made them so,* have reason to regret the injury they 
have done to an honest and virtuous people. We hope tran- 
quillity will be soon restored. The custom-houses are open, 
and the people permitted to attend to their usual employments. 
The courts of justice also must be open ; open immediately ; 
and the law, the great rule of right, be executed. The stop- 
ping of the courts of justice is a grievance which this house 

* The governor and lieutenant governor had before this written to 
England, approving of the stamp act, if they did not even recommend it. 



172 HISTORY OF MASSACHUSETTS. 

must inquire into. Justice must be administered through the 
province. In the mean time we shall wait in hope that the 
loyal application to the king for a repeal of the stamp act will 
succeed. " With reference to the declaration of the governor, 
in his speech, that he had not interfered with the stamp act, the 
house say, " they were sorry, when he knew what interest and 
alarm it had excited in the province, he should not have exert- 
ed his influence in their favor, and represented the feelings and 
complaints of the people on the subject. " 

At the session of the general court, in January, 1766, the 
governor made a very short speech, and said, " that when the 
time should come that his services would be acceptable to the 
province, he should gladly use it for their benefit. " The repre- 
sentatives replied, " that they had never known the time, since he 
had been in the chair, that his services would not have been 
acceptable and useful ; and, that in seeking the welfare of the 
province, they could not but still hope for his assistance. " 

The British minister had given directions that the stamp act, 
and the mutiny act, passed about the same time, should be pub- 
lished by authority in the province ; and the governor desired 
the house of representatives to give orders accordingly ; but 
the house declined. The governor, by advice of council, 
directed that they should be published. The house com- 
plained, that this was done contrary to their opinion, and an 
expense incurred for service which they wished not to be per- 
formed. They represented it as arbitrary and unconstitutional. 
At the same time, they complained, that the governor had an 
irresponsible council, who met at his house every week, and 
advised to improper measures, some of which were specified. 
These complaints were expressed in the form of resolutions, 
and published. They also complained again, that the judicial 
courts were shut, which tended to dissolve the bonds of civil 
society ; and was an intolerable grievance, and ought forthwith 
to be redressed. 

While remonstrances were made against the stamp act, as an 
unconstitutional measure, it was also represented as oppressive, 
and petitions were offered for its repeal. In asking this, the 
general court made strong professions of loyalty, and were care- 
ful to acknowledge their allegiance to the crown. 

Their denial of a right in parliament to pass the stamp 
act or to impose taxes on the people in the province, was a 
great hindrance to its repeal. The ministry thought it would 
be yielding too much ; that it would be admitting, in effect, that 
the parliament had no right to legislate for the colonies ; which 
they would not for a moment allow. This was evident from 



HI8T0RY Or MASSACHUSETTS. 173 

declarations in parliament, from some of the minister's letters to 
the governor, and from the agents of the province in England 
to the general court. But the opposition was so decided and 
so general in the colonies against the stamp act, and the agents 
and friends of Massachusetts were so active in remonstrating 
against it, that early in the winter of 1766, it was made a 
question, whether it would not be both just and politic to re- 
peal it. The proposition was received with no favor at first ; 
but various considerations united to produce an opinion for the 
policy of withdrawing it. It was admitted to be a novel mea- 
sure, even if just and constitutional; for it was found, " that it 
had not been the practice of England to lay internal taxes on 
her dominions which were not represented " — and " that the 
statute book abounded with judgments of parliament, that inter- 
nal taxes ought not to be laid without consent of parliament, 
or the representation of that part of the kingdom which paid." 
And some apprehended serious resistance from the colonies, 
should attempts be made by ministers to enforce the law. — 
Many able statesmen in parliament spoke earnestly for repeal- 
ing the act, and against the justice of passing it at first; among 
whom were Mr. Pitt, Mr. Pownall, who had been governor of 
the province, the dukes of Newcastle, of Grafton, and of Rich- 
mond, the lord high chancellor, and the chancellor of the ex- 
chequer. Mr Pitt said, " this kingdom has no right to tax the 
colonies ! We give and grant to his majesty, the property of 
his subjects in America ! It is an absurdity. The commons of 
America have always been in the exercise of this constitutional 
right of granting their own money ; and they would have been 
slaves, if they had not enjoyed it." 

If the repeal of the stamp act had not been coupled with an 
offensive and alarming declaration," that the parliament of Eng- 
land had a right to bind the colonies in all cases whatever," 
the measure would have given entire and universal satisfaction. 
But, while relief from an actual burden gave great joy to the com- 
mon people, and all classes rejoiced in the event, the more in- 
telligent patriots received it with distrust and anxiety, because 
the principle, against which they had been contending, was 
avowed and asserted, and was to operate, on future occasions, to 
the prejudice of their rights and liberties, as the will of the ad- 
ministration might dictate. After the stamp act was withdrawn, 
which they had prayed might be done, still to complain might 
be construed against them ; §nd to acquiesce in silence in the 
sentiment advanced, would be wrong, and might soon pccduc 
most arbitrary measures. The governor took advantage of' 
occasion to tell the house, " that he presumed they wer 

21 



174 HISTORY OF MASSACHUSETTS. 

isfied and grateful ; and if any should complain, they must be 
deemed of a factious spirit, and of very bad tempers. " 

The chief cause of this reflection from the governor on the 
house was their omitting to elect such counsellors as were most 
agreeable to him ; and which he chose to construe into an in- 
sult on the king as well as himself, and even " as having a ten- 
dency to overthrow the government of the piovince." The 
persons, who had been several previous years chosen into the 
council, and left out in May 1766, were Mr. Hutchinson, (the 
lieutenant governor,) secretary Oliver, and judges Oliver and 
Trowbridge. The three first had become very unpopular, from 
the belief that they had favored the stamp act, and approved 
the plan of raising a revenue in the province by internal taxes 
for the treasury in England, or for high salaries to officers of 
the crown, and of a military force to sustain the custom-house 
officers in their oppressions. The house expressed their sur- 
prise, that the governor should consider their conduct in this 
respect so improper and dangerous ; they said, " it was their 
right to elect, and it was most unexpected to be censured for a 
legal and constitutional act. They believed they had chosen 
able and faithful men, and they had no doubt they would take 
good care of the interests of the province. The persons not 
elected, who the governor thought necessary to the safety and 
honor of the colony, had other employment and other offices, 
which required all their time."* 

The governor informed the house, at this time, that when he 
received any special instructions from the king, which he was 
daily expecting, he would communicate them. In reply, the 
house observed, " when your excellency shall be directed to 
speak to us with greater authority than your own, we shall be 
all attention ; being assured, that every thing coming from his 
majesty will be full of grace and truth." Soon after, letters 
were received from the secretary of state, accompanied by an 
official notice of the repeal of the stamp act; in which refer- 
ence was made to the declaration connected with it, of the right 
of parliament to legislate for the colonies in all cases ; and re- 
quiring also that compensation be made to those who sustained 
losses by the riots of the preceding year. The governor im- 
mediately sent the letters to the general court ; and urged them 
to indemnify the persons whose property was destroyed. He 

At this session, the governor hud given his veto to the election of James 
Otis, as speaker — and he withheld his consent from the following persons, 
ehosen counsellors ; Colonel Otis, Thomas Saunders, Samuel Dexter, and 
John Gerrish and of this, the house had equal right to complain, as he had of 
their passing by Ins favorites. 




Q7CM1Mi>ci CMdOCU 



\Vd. 



HISTORY OF MASSACHUSETTS. 175 

also observed, that if any " objections were made to it, or any 
attempts still to disquiet the minds of the people, those who 
were the authors ought to be marked out for punishment, or 
disgrace."* 

On this occasion, the council addressed a separate answer to 
the governor, so firm and spirited, that justice to their charac- 
ters requires a full statement of its contents. " It is with pain 
we express our apprehension that your excellency's speech 
may lead some, not acquainted with the state of the province, 
to form such an opinion of the people as they do not deserve. 
Surely, you cannot mean to impute the enormities, committed 
by a few abandoned persons, to the body of the people, or to 
either branch of the government. We are sure no ill-temper 
prevails among the people, notwithstanding your intimations ; 
nothing which can lead parliament to regret its favor in the re- 
peal of the stamp act, as your excellency seems to intimate. 

" Your excellency is pleased to say, that the government 
has been attacked in form, and oppugnation made to the au- 
thority of the king, because the two houses have exercised a 
legal right in the choice of counsellors. A regard to justice 
and truth, to our own character and the reputation of the pro- 
vince, oblige us to speak with freedom, but without intending 
any disrespect to your excellency. Silence on such an occa- 
sion would merit the imputation, which your excellency's lan- 
guage tends to lay on us. Can it be justly said, that the peo- 
ple of the province have attacked the government and are guil- 
ty of oppugnation to his majesty's authority, because their rep- 
resentations have not chosen the men to be counsellors, whom 
your excellency would prefer, and who have before had a seat 
at the board ? Your excellency has seen fit to exercise the 
right of rejecting several persons chosen by the house and the 
general court, but no one complains that it is an attack on the 
government. And we feel it our duty to bear testimony to the 
loyal and dutiful temper of the people, and the constitutional 
proceedings of the house of assembly. We really hope, that, 
because an election is made not agreeable to the chair, it will 
not be said the government has been attacked or the king's au- 
thority opposed."! 

* It was supposed, that he had particular reference to Samuel Adams, 
and James Otis. They were the most decided, zealous and active — and had 
they cowered under the threats of the royal governor, the cause of liberty 
must have greatly suffered. 

t It was proof of great presumption in the lieutenant governor, that, when 
not chosen to the council, of which the governor made so loud complaint, 
he still took a seat at the board. A committee of the house, going with a mes- 
sage to the council, some days after the elections, were much surprised to 



176 HISTORY OF MASSACHUSETTS. 

The reply of the house was equally firm and independent.* 
They contended for a right to elect such men into the council 
as they saw fit ; and to decide in what way and to what amount 
a grant should be to those who suffered by the riots of the 
former season ; — and they voted to postpone the subject, that 
they might learn the opinions of their constituents. As to their 
Tight of electing one man or another, they must be the sole 
judges, and they hoped to exercise their right with discretion — 
they must protest against the control or direction of the chair 
in their elections — and however wise, prudent, and mild was 
the present executive, they had no assurance that his successor 
would possess those shining virtues. As to the residue of the 
speech, they said, " they were sorry to be constrained to ob- 
serve, that the general air and style of it savors much more of 
an act of free grace and pardon, than of a parliamentary ad- 
dress to the general court ; and we sincerely wish your excel- 
lency had been pleased to reserve it for a proclamation." 

At this session, (June 1766) a loyal and humble address 
was prepared and sent to the king, expressing the thanks of 
the house for his clemency in approving the act for the repeal 
of the law imposing duties on stamps. This address was a fair 
expression of the opinions and views of the representatives of 
Massachusetts at that period of political controversy and alarm. 
It may not be difficult to show, that they recognised the su- 
premacy of parliament more readily at one time, than they did 
at others, or, that, in protesting against the charge of their po- 
litical enemies of aiming at absolute independence, they spoke 
more submissively, than they did when laws were made to tax 
them and raise a revenue in the province without their con- 
sent. Then they pleaded for the sole and exclusive right of 
legislation. A qualified supremacy in parliament, they did not 
indeed, deny — and yet insisted on the power of the subordi- 
nate legislation in the province for laying all taxes on the peo- 
ple. The right derived from nature and recognised by char- 
ter, they held sacred, and boldly asserted — but at the same 

find the lieutenant governor had taken a seat there. They remonstrated to 
the council immediately, against the conduct of Mr. Hutchinson. He at- 
tempted to justify it, and to claim a seat, as lieutenant governor. The 
house still complained, and insisted, that, though in the absence of the gov- 
ernor, he had a right to the chair, he had no right to a seat at the board, at 
any other time. The council agreed with the house, and the lieutenant 
governor gave up his claim. 

*Mr. Bowdoin was supposed to be the writer of the answer to the council 
—a part of which only is given. Mr. Hutchinson said that Mr. Bowdoin was 
the leading member of council, after he was left out ; and that he was gen- 
erally in sentiment with the friends of liberty in the house. 



HISTORY OF MASSACHUSETTS. 177 

time called themselves the faithful subjects of the king, and 
professed submission (with some exceptions) to parliament. Mr. 
Hutchinson argued, that they must either submit to parliament, 
or admit that they claimed independence. They were not 
willing to allow the alternative. But when the crisis came at 
last, and parliament made laws and the ministry gave instruc- 
tions which were opposed and resisted, a Revolution was the 
inevitable consequence. 

Governor Bernard was disposed to assert the authority of 
parliament and the prerogative to the fullest extent : and was 
often less guarded and less prudent in his language than Mr. 
Hutchinson. When the stamp act was repealed, and the peo- 
ple were disposed to be quiet, he used irritating expressions, 
and plainly intimated, that if there were any more disorders 
or complaints, they must expect no lenity, but force, to oblige 
them to submit. This produced warm, and sometimes intem- 
perate and indecorous replies from the representatives. When 
the lieutenant governor and other friends of the governor were 
left out of the council, he charged them with an attack on the 
government, and oppugnation to the king. They replied with 
warmth and severity ; and they had just cause for both. His 
arbitrary principles were offensive to their high spirits, and 
they believed dangerous to the liberties of the people. They 
retorted his charge of causing discontents and alarm ; and little 
cordiality from that time existed between them. They con- 
sidered him the agent of an administration, claiming to exercise 
a power over them inconsistent with their rights and hostile to 
their prosperity. The British government had recently mani- 
fested a determination to extend its authority to the colonies ; 
which, however claimed before, had seldom been fully exerted, 
and which their fathers opposed or denied. They were con- 
vinced of the governor's devotion to the views and plans of the 
British ministry, for reducing them to the lowest degree of co- 
lonial dependence, and for governing the people by foreign 
officers ; and had no expectation that he would contend for the 
rights of the province. If the governor, or Mr. Hutchinson ever 
applied to England, in behalf of the province, it was for favors ; 
whilst the true friends of liberty sought for redress from op- 
pression, and boldly resisted all arbitrary exercise of power in 
the parliament or its agents. Every session of the general 
court, which brought the governor and the representatives to- 
gether was sure to produce collision and crimination. He 
contended for submission to acts of parliament and to ministerial 
instructions ; and they asserted their rights, as free-born Eng- 
lishmen, and the power granted by charter. The two parties 



178 HISTORY OF MASSACHUSETTS. 

were thus at issue early in the dispute ; neither would yield, 
but urged each their claims with increasing feeling and obsti- 
nacy. 

A portion of those, who sometimes voted with Mr. Hutch- 
inson and opposed some of the measures of the most zealous 
whigs, at this period, were the sincere friends of civil liberty. 
It was not from want of attachment to the principles of politi- 
cal freedom, but from timidity, that they did not give their 
voice in favor of all the measures proposed by James Otis, 
Samuel Adams and their friends. They readily united in re- 
monstrating against the sugar act, the stamp act and similar 
measures of the parent government, and in praying for redress ; 
but declined opposing the authority of parliament, as the more 
decided and daring spirits of the day did. They loved their 
country, but feared the opposition could not sustain itself, and 
that force would be used to oppress the people ; and the condi- 
tion of the province be far more abject and distressing than if 
submission were yielded to the laws of parliament. It was 
among the aged chiefly that such sentiments were declared ; 
and some apology is due to their prudence, or their fears, while 
far higher praise is due to those fearless patriots who opposed 
the giant strength of England, in defence of constitutional free- 
dom and the unalienable rights of the people. 

After this period, it appears that governor Bernard kept the 
general court in session for as short a time as possible, and on- 
ly summoned them to meet to hear instructions and orders from 
the British ministry. Often when he called a meeting, they 
were suddenly prorogued, if found deliberating on measures to 
vindicate and preserve their rights. While together at the 
regular session in May and June, the house chose a committee, 
by recommendation of the governor, to inquire who were ac- 
tive in the riots of 1765, though they then declined making 
compensation to the sufferers. The committee met and gave 
notice to the governor, who had said, that the rioters were 
known, and that proof could be easily given, if an investigation 
should be made. But he was not able to produce evidence to 
fix the charge on any individuals. Still he complained " that 
justice was not done, that the house was disposed to wink the 
matter out of sight," and intimated that the inhabitants of the 
town were answerable for the disorders, unless they would de- 
tect the individuals who had committed them. In October, 
the governor summoned a special meeting of the general court, 
and desired them to say expressly, whether they would, or 
would not grant compensation to those, whose property was 
destroyed by the mob, the preceding autumn : and he was so 



HISTORY OF MASSACHUSETTS. 179 

unwise as to tell them, when that single subject was decided, 
he should immediately send them home. To this ungracious 
speech, the house of representatives replied with great firm- 
ness and decision ; and alluded to his former message on the 
subject, in which he spoke neither with becoming dignity 
nor good temper. " The manner in which your excellency has 
repeatedly urged compensation to the sufferers by the riots," 
(they say^) " is derogatory to the honor of the house, and in 
breach of the privileges thereof. The terms used are very dif- 
ferent from those dictated by the king's express command, as 
signified in a letter from the secretary of state. They tend to 
weaken the inherent, uncontrollable right of the people to dis- 
pose of their own money to such purposes as they" shall deem 
expedient, and to no other. The house, however, with most 
dutiful and profound respect for his majesty's gracious and mild 
recommendation, have passed a bill, to be sent to the several 
towns in the province for the consideration of the people ; 
granting compensation to the sufferers, and a general indemnity 
and pardon to the offenders." The preamble to the bill was 
as follows : — " As the king's most excellent majesty, from a de- 
sire that the sufferers in the late riots should be compensated, 
and a veil be drawn over the late unhappy excesses, has been 
pleased to signify his intention to forgive and forget them, at 
the same time, in his abundant clemency recommending com- 
pensation to the sufferers ; from a grateful sense of his majes- 
ty's grace and clemency, in order to promote peace and safety, 
to make compensation to said sufferers, and thus to demonstrate 
to the world a sense of the happiness we enjoy, in being a part 
of the British empire, and being entitled to the rights, liber- 
ties and privileges of British subjects, we, his majesty's most 
dutiful and loyal subjects, the representatives of the commons 
of this province, in general court assembled, have resolved to 
give and grant," &tc. 

This bill was passed in December, 1766; and resolves were 
also adopted by the house, declaring the reasons for making 
the compensation ; which were, " from a loyal and grateful re- 
gard to the king's mild and gracious recommendation, from 
deference to the opinions of the illustrious friends of the colonies 
in England, and for the sake of internal peace and order, with- 
out regard to any interpretation of his majesty's recommenda- 
tion into a requisition precluding all debate and controversy ; 
under a full persuasion that the sufferers had no just claim on 
the province; and that this compliance ought not, hereafter, to 
be drawn into a precedent." The resolves further assert, " that 
the resolutions of the house of representatives had not, as 



180 HISTORY OF MASSACHUSETTS. 

charged by their enemies, produced the riots ; since the riots 
happened in August, and the said resolutions were passed in 
October after." * 

The letter from the British minister, used the term recom- 
mendation, in urging a compensation to the sufferers; but the 
governor made use of more dictatorial terms, which gave the 
offence, and which gave occasion for the house to reply to him 
with more than usual severity. It was a question in the 
British house of commons, whether the word recommendation 
was sufficiently strong ; but by the influence of Pitt, and other 
friends of the province, it was used as mosi consistent with the 
liberties and rights of the people ; at the same time it was 
urged as a reason for the provincial legislature to comply with 
the views of the British government.! The house seized the 
occasion, and voted a grant to be made, without yielding any 
thing of the great principle, for which they were contending. 

The restrictions on trade, and the high duties on articles im- 
ported into the province, which had often been cause of com- 
plaint, were again, in 1766, the occasion of general discontent, 
and of remonstrances to the British government. The subject 
was under consideration by the house, in June and in Novem- 
ber. The merchants were consulted, and letters addressed to 
the agents in England for relief. An attempt was also made in 
parliament, but without success. The merchants in London 
joined the political enemies of the province, and a bill was 
brought into parliament laying duties on paper, glass, tea, and 
some other articles : but the privilege was given to carry lum- 
ber and potash directly to Ireland. The appointment of addi- 
tional officers of the customs from England, also increased the 
discontents of the people. For it was not only considered op- 
pressive to pay such high duties, but it was feared that officers, 
who were not citizens of the province, but strangers to the 
people, would be arbitrary and vexatious in their conduct. 
And the event justified the fears and predictions of the intelli- 
gent friends of liberty. When it was found that petitions and 

* These resolves, in answer to the governor's speech, and the bill for the 
relief of sufferers by the riots in 1765, were prepared by James Otis, Jr., 
Samuel Adams, Samuel Dexter, and Joseph Hawley. They were the 
most active and influential patriots of that period. To whom should 
be added James Bowdoin, of the council, and Thomas Cushing, James 
Otis, Sen., Thomas Saunders, Colonel O. Partridge. Of the less firm ad- 
vocates for liberty, when the dispute became more serious, but in 1765, 
were among its supporters, were William Brattle, Colonel Bowers, General 
Winslow, R. Tyler, E. Gray, Sheafle, and Ropes. 

t There was a partial change in the ministry, at this time; and the ad- 
ministration was somewhat more favorably disposed to admit the claims of 
Massachusetts to a right of laying all internal taxes ; but the supremacy 
of parliament over the colonies, was asserted by the new as well as by the 
old ministry. 



HISTORY OF MASSACHUSETTS. 181 

remonstrances had no effect, most of the merchants, with other 
citizens, united in a resolution to import no more goods of the 
manufacture of England.* The measure was not deemed so 
hostile to Great Britain, as at a later period, when a similar 
resolution was made. Nor did it produce the injury to English 
manufactures, which some had expected. The ministry was 
too much determined to persevere in the policy of imposing 
duties on all articles carried into the colonies, and of regulating 
trade solely for the benefit of the parent state, to be moved 
from their purpose by any trifling inconvenience. The effect, 
in Massachusetts, was a far less importation of woollens, and an 
increase of the manufacture of cloth by the people. 

In the fall of 1767, some troops of the royal British artillery 
arrived in the harbor of Boston, and it was said that more had 
been ordered, to be stationed in the province. The general 
court was not sitting at the time, and the governor directed 
that provision be made for them at the castle, though there 
was no legislative authority for such an expense. These troops 
were sent by virtue of an act of parliament of 1764, authorizing 
the king to order a military force to be stationed in any pro- 
vince he might choose, and to quarter them on the people. 
The act did not immediately go into operation; but the wary 
patriots considered it pregnant with much mischief, for they 
saw in it a preparation to enforce obnoxious and oppressive 
laws at the point of the bayonet. 

When the session of January, in 1767, opened, the governor 
made a very short speech ; neither referring to the measures of 
the year then past, which had produced so much excitement, 
nor yet to the arrival of British troops in the province, and his 
order to quarter them on the province. The house commented 
freely on the following sentence of his speech, which was all it 
offered to their attention, except the usual tender of his co- 
operation in measures for the public welfare: your excellency 
is pleased to recommend to us, "the support of the authority 
of government, the maintenance of the honor of the province, 
and the promotion of the welfare of the people." "By the 
authority of the government, this house understands the charter 
rights and powers of the great and general court or assembly 
of this province, and the powers with which the civil officers of 

* From twplve to fifteen ships arrived annually in the port of Boston, 
with the products and manufactures of Great Britain. But in 1767, the 
amount of goods imported from England was less, by £165,000, than in 
1764; owing; to the conur.fr of the British ministry, and a dislike of the acts 
imposing hiffh duties; and in 1768, a large snip, with English goods, was 
sent back, without unloan; j 
go 



182 HISTORY OF MASSACHUSETTS. 

the province are by law invested. While the members of the 
assembly firmly maintain those rights and powers, and the peo- 
ple sustain the civil officers in the exercise of their respective 
powers, in execution of the good laws of the province, then we 
apprehend the authority of government is supported. It is 
necessary for the support of this authority, that the representa- 
tives inform themselves of the extent of those rights and powers, 
and sacredly adhere to their own, as one branch of the legisla- 
ture : that they zealously assert the rights of their constituents, 
the people of the province ; and that they endeavor to have 
the people well acquainted with their natural and constitutional 
rights and privileges. And we shall always be glad to find 
your excellency exciting us to the discharge of this important 
duty." They also adverted to the conduct of the lieutenant 
governor, in taking a seat in council when he was not elected 
a member. " If he were introduced by your excellency, we 
apprehend that the happiest means of supporting the authority 
of government, or maintaining the honor of the province was 
not consulted therein. If he took a seat of his own motion, we 
are constrained to say, that it affords a new and additional in- 
stance of ambition and a lust of power, to what we have here- 
tofore observed. — We cannot promise your excellency that 
there will be no disagreement or diversity of sentiment among 
the members of the general court; this is hardly to be expected 
in a free assembly. In such cases, the house will consider 
their own honor concerned to debate with candor and to de- 
cide with judgment. Had your excellency any command from 
his majesty to lay before us, we should attend to it with the 
utmost respect and loyalty, being fully persuaded that our 
gracious sovereign will require nothing of us 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 agreeably to the best light 
of our understanding." 

The house requested, also, to be informed, whether any 
provision had been made, at the expense of the province, for 
the troops arrived in the harbor of Boston ; and whether more 
were expected. An artful reply was made by the governor, 
but not sufficient to satisfy or silence the house. He sajd he 
would order an account made out and sent to the house, of 
expenses incurred for the troops, the council having advised 
to provide for the troops, in pursuance of an act of parliament : 
as if the advice of council and an act of parliament were au- 
thority enough for the executive to expend the money of the 
people, and to quarter troops in the province, without a law of 



HISTORY OF MASSACHUSETTS. 183 

the general court. The house were not satisfied with the rea- 
son or argument of the governor, and rejomefl to his reply, 
"that it was by virtue of the royal charter alone the governor 
and council had authority to draw money out of the treasury, 
and that only according to acts of the general court cf the pro- 
vince, — and that it fully secured to the house of representatives 
the right of originating, granting and disposing of taxes. Your 
excellency, therefore, in giving orders by advice of council, to 
make provisions for the artillery companies at the castle, acted 
contrary to the plain meaning and intention of the charter. 
If there was, indeed, an immediate necessity for some provi- 
sion for the troops, we are surprised you did not give informa- 
tion of what had been done by the executive, neither at the 
last session, nor at the opening of the present. Your excel- 
lency and the council, by taking this step, have unconstitu- 
tionally and unnecessarily subjected the province to an expense, 
without giving the house an opportunity of passing their judg- 
ment on it, and have also put it out of our power to testily, by 
an act of our own, our readiness to grant to his majesty of our 
free accord, such aid as his service requires." 

At the session of the general court, the last of May, 1767, 
the governor said, " he had no special commands from the king 
to communicate," and advised to " the despatch of the public 
business, and to a spirit of harmony in the public councils, 
which seemed to have lately departed from the several branches 
of the government." He declared, "that he should not de- 
cline the full exercise of the powers of his office, yet intended 
to use them with due moderation. Unnecessary disputes, he 
said, were expensive, and he hoped would be avoided." The 
house replied, " that they most sincerely desired a mutual con- 
fidence between the several branches of government ; and that 
they were not sensible of any act, on their part, which tended 
to interrupt the general harmony. We are concerned to say, 
however, that when the people have shown due submission 
and true loyalty, it should be represented that they are in a 
bad temper and ready to complain unjustly. We shall be glad 
of proof to assure the people that you have had no hand in 
such representation. We are satisfied your excellency does 
not intend to decline the use of any powers vested in your 
office ; but you will allow us to observe, that there is such a 
thing as an indiscreet use of legal power, of which we must 
form our own judgment. We shall despatch the public busi- 
ness in as short a time as possible ; but there are matters of 
great concern to the people of the province before us : and while 
we shall avoid unnecessary disputation, well knowing how ex- 



184 HISTORY OF MASSACHUSETTS. 

pensive it is, we shall endeavor to maintain and defend the 
rights of the ^people, in all suitable ways. We hope their 
liberties will not be drawn in question ; but if they should be, 
we are bound to contend for them ; and shall not think the time 
so employed, misspent, nor any dispute on our part, for such 
an object, unnecessary." 

When the governor notified the house, during the session, 
that twenty-seven recruits had arrived, for which lie desired 
provision might be made, it was resolved, " that such provision 
be made for them, while they remain here, as has been usually 
made for the king's regular troops, when occasionally in the 
province." In this resolution, a new proof may be seen, of a 
disposition to comply with an act of parliament and the com- 
mand of the king, and of a discriminating regard for the rights 
and authority of the government of the province. The mutiny 
act, passed by parliament some time before, provided that 
troops, when on their way to a fortress or place where they 
were to be stationed, to act against a foreign enemy, should be 
supplied, for a short time, with necessary support by the colo- 
nies. It was an abuse of the law and in violation of the rights 
of the people, that ministers ordered troops to be permanently 
placed in the province, and to be supported at its expense. 
Not only was the order to furnish supplies for the troops op- 
posed, as inconsistent with the right of the assembly to originate 
and make grants, and to appropriate them, of their own free 
judgment, but it was a cause of great alarm to the people, that 
a military force was to be kept up in the province in time of 
peace. When there was war between Great Britain and 
France, and troops were sent from England to go against 
Canada, there was no objection to their being a short time in 
the province, or to furnish them with provisions. But there 
was no such cause in 1768-7; and it could not fail to excite 
great fears, when troops were stationed at and near the metro- 
polis of the province. The people saw in it a determination of 
the parent government to enforce laws, however oppressive or 
however unpopular. To the discerning mind of the American 
patriot, it was ominous of great political evil.* 

* The question has been often discussed, which province, or colony, was 
first to make a full and decided opposition to the right of parliament to im- 
pose taxes, or to legislate as to the internal concerns of the American peo- 
ple. The 28th of May, 1765, the house of assembly of Virginia passed the 
following resolution : " That the taxation of the people by their representa- 
tives, who can best judge what taxes the people are able to bear, and what 
are the best way of raising them, and must themselves be affected by them, 
is the only security against a burdensome taxation and the distinguishing 
characteristic of British freedom, without which the ancient constitution 



CHAPTER XIII 



Conduct towards the native Indians — Governor Bernard gave his negative 
to several Counsellors elected by the House — Plan to establish Episco- 
pacy — Governor Bernard misrepresents the General Court — Complains 
that he is attacked in the public prints- — Plays prohibited — Slave trade 
condemned by General Court — Town meeting in Boston ; Resolutions 
passed — Petition of House to the King, and Circular to other Colonics 
— Refuse to rescind Circulars — Governor dissolved the Assembly — Com- 
plaints of the people — Convention in Boston — British troops stationed in 
Boston — Conduct of Colonel of troops — General Gage in Boston — Gen- 
eral Court convened — Governor Bernard unpopular — Firmness of the 
Council — Dispute between Governor and House. 

The question of right in laying taxes on the people of the 
province, and legislating on their internal concerns, was of such 

cannot exist." This has been said to be the first explicit denial of the author- 
ity of parliament over the people in the colonies. But the declaration and 
resolves of the house of representatives of Massachusetts, in June, and espe- 
cially in November, 1704. assert their exclusive right to levy taxes in the 
province. The citizens of Boston said, in May, 1764, -if our trade may be 
taxed by parliament, why not our lands ? why not the produce of our lands 
and every thing we possess ? This, we conceive, annihilates our charter 
rights to govern and tax ourselves. It strikes at our rights and privileges, 
which we hold in common with our fellow subjects, who are natives of 
Great Britain. The house of assembly, in June 17G4, remonstrated against 
the claim of parliament to tax the colonies. In a letter to their agent in 
England, they complained, "that he seemed to have tacitly admitted the 
right of parliament to lay duties and taxes on them ; " " which," they ad- 
ded, " never could be conceded, as they were not represented in the British 
legislature : it being a fundamental principle of the British constitution, 
that the subject could not be taxed without the consent of his representa- 
tive." They complained that they should be reduced to slavery, if parlia- 
ment could tax them at its pleasure. The house gave notice to the other 
colonies of these proceedings, (which, no doubt, led to the resolutions of 
Virginia and New York.) In October, 1764, the representatives of Massa- 
chusetts were still more explicit. They prepared a petition to the king, 
which the council saw fit to have directed to the British house of commons, 
and which they altered in some material points. The house had asserted 
the sole right to tax themselves by their representatives, and that it was an 
infringement on their rights, for parliament to impose taxes and duties on 
them. The council substituted privileges for rights. The house objected, 
and at last, by compromise, inserted liberties instead. The original draft, 
as adopted by the house, was as explicit and full as the resolves of Virginia 
in May, 1765. And in a letter to their agent, at this time both council and 



186 HISTORY OF BIASSACHUSETTS. 

general interest, that other subjects were frequently postponed ; 
or, when before the general court, excited little attention, com- 
pared to the former. In 1767, however, there was a tempo- 
rary suspension of the great controversy with the British ad- 
ministration, as all the arguments had already been advanced 
on both sides, and no particular measure, (except that of quar- 
tering the troops, which was also adjusted, as to the particular 
case which was presented,) exclusively engaged the public 
mind; other subjects occupied the attention of the legislature. 

In his message to the general court, (May, 1767,) the gov- 
ernor communicated a letter from the British ministers, referring 
to complaints made by the Indians in some of the colonies,* 
that encroachments had been made on their lands. A joint 
committee was appointed, to consider the subject, so far as 
Massachusetts was concerned. The report of the committee 
was highly honorable to the character of the province from its 
first settlement. Nor was the statement made ever contra- 
dicted; as probably it would have been, if incorrect. The 
committee say, " we are satisfied there are no complaints 
against this province by his majesty's agents for Indian affairs. 
It is with much pleasure that we remind your excellency, and 
inform the world, that greater care was taken of the Indians 
by our pious ancestors, during the old charter, and by this 
government under the new, even to this day, than was ever 
required of us, by the British government." The report refers 
to a law of the colony, of 1633, " to prevent injustice and 
frauds towards the Indians ; " to efforts early and frequently 
made to provide instructers for the Indians ; and to laws requir- 
ing magistrates to see full justice done them in all cases. It 
added, " the Indians always had perfect confidence in the gov- 
ernment of the colony. We glory in its conduct, in this re- 
spect : we make our boast of it, as unexampled; and we have 
been free and spontaneous on our part." 

At the general election, the last Wednesday of May, 1767, 
governor Bernard gave his negative to several gentlemen who 
were chosen counsellors by the general court. They were 
members of the house ; and were immediately appointed a 

house say," that they had spoken in their petition of their rights, so as not 
lo 'jive offence, and so as that no inference should be drawn, either that they 
had given up, or had set up in apposition to parliament; but in a letter to 
him they might be more explicit, and they, then say, " that the people of 
the colonies have the (sole) right to tax themselves, and that so far as par- 
liament should lay taxes on them, so far they should be deprived of their 
right." 

* It, is not stated which colonies the complaints of the Indians referred to. 



HISTORY OF MASSACHUSETTS. 187 

committee tointroduce to the governor other counsellors elected 
in their place. A. similar course was pursued by the represen- 
tatives at a later day ;* but whether from recollection of the 
former case does not appear. It was a singular instance, per- 
haps, that the governor proposed to the house, that if they would 
elect Mr. Hutchinson and some other of his friends into the 
council, he would consent to the choice of some of their par- 
ticular friends. The house declined to make any such compro- 
mise. f 

The people of Massachusetts were again alarmed, this year, 
by the report, that bishops were to be supported in the colo- 
nies, under the patronage and at the expense of the British 
government. "There was probably, no formal plan of the ad- 
ministration to establish episcopacy in America as it was in 
England, though some zealous members of that church wished 
for such a measure. The fear was, that the congregational forms 
of worship would be discountenanced ; and the complaints 
were therefore very general. Much was written on the sub- 
ject. Both laity and clergy deprecated such a plan : and the 
agent in England was instructed to oppose it. Whether the 
design of the British government, for giving greater support to 
episcopacy in America, was ultimately to promote political pur- 
poses, or grew out of a desire in the bishops to extend the bor- 
ders of their church, and put down dissenters, can not easily 
bedecided ; but the degree of apprehension was thesame, with 
the people of Massachusetts : their aversion was to the system, 
and not merely to the means of introducing and supporting it. 

It had been long suspected, that governor Bernard and Mr. 
Hutchinson gave unfavorable statements of the views of Mas- 
sachusetts to the British ministry ; that they approved of high 
duties and custom-house officers, and even of a military force 
to assist in carrying arbitrary and oppressive acts of parliament 
into operation. At the session of the assembly, in January, 
1768, the governor sent them a copy of a letter he had receiv- 
ed from one of the ministers, approving of his conduct, and cen- 
suring the house, for its opposition to acts of parliament ; and 
as being generally indisposed to a due submission to the parent 
government. The house requested of the governor, copies of 
any communication he had made to the ministry, to which this 
letter was a reply. For they considered, from some parts of 
the letter from England to the governor that he had misrepre- 

* In 1811. 

t This fact is mentioned by Mr. Hutchinson himself, in his III. Vol. 



188 HISTORY OF MASSACHUSETTS. 

sented their views and characters ; and led the king and his 
ministers to think them unreasonably disposed to complain of 
the measures of the British government. The governor de- 
clined to furnish any copies of his letters to the ministry ; and was 
even unwilling the house should retain a copy of the letter he 
had laid before them. They wished to communicate it to their 
constituents, and to point out its unfounded statements. After 
some delay, he gave them a copy as they desired ; which was 
soon afte*r published. It was, evident, from the tenor of the 
letter, that the governor had censured, and in some measure, 
misrepresented the general court to the British ministry. The 
letter of the minister commended the governor for his negative 
on the counsellors, chosen by the house ; but condemned the 
house for not electing such counsellors as would be agreeable 
to the governor. The conduct of the governor, in this in- 
stance, for writing privately to England, of the " bad spirit (as 
he called it) of the people, of their opposition to the authority 
of the parent government, and recommending that regular 
troops be sent into the province, to keep the people in subjec- 
tion" — was noticed in the Boston Gazette, a paper devoted to 
the cause of liberty, with some severe remarks on his charac- 
ter, as a friend of arbitrary principles. Of this the governor pub- 
licly complained to the house. They replied, " that in a free 
country, and in times of political excitement, there would be 
severe remarks ; and that his friends had represented, in some 
of the papers, the supporters of the liberty and rights of the 
province, to be bad men, and wholly governed by selfish motives." 
They therefore concluded to take no further notice of the pub- 
lication to which he referred.* 

Attempts were made in 1767, to permit theatrical exhibi- 
tions, and to repeal the laws before made against them. In the 
early days of Massachusetts, severe laws were passed against 
them, but some unsuccessful efforts had been subsequently 
made to abolish such statutes. The proposal, this year, to re- 
peal the old laws, was equally vain ; a majority of the people 
were opposed to such exhibitions and entertainments. They 
considered them as . calculated rather to corrupt than to im- 
prove the heart. They said, " they claimed, indeed, to be in- 
nocent amusements ; but they believed them the means of dis- 

The superior court set soon after in Suffolk, and the chief justice, (Mr. 
Hutchinson,) spoke of (.lie libel, and told the grand jury they were bound 
by oath to notice il ; and the attorney general laid a bill before them; but 
they returned it, enwamus. 



HISTORY OF MASSACHUSETTS. 189 

geminating licentious maxims, and tending to immorality of con- 
duct."* 

The subject of slavery occupied the attention of the legisla- 
ture of Massachusetts, at one of the sessions in 1767. A bill 
was passed by both branches of the general court, to prohibit 
the slave trade ; but the governor refused to give it his signa- 
ture. It was believed he had been so instructed by the British 
ministry, "probably through the influence of merchants concern- 
ed in this inhuman traffic, to prevent the passage of such an 
act. In the time of Governor Hutchinson, several attempts 
were made by the representatives of Massachusetts, to put an 
end to this practice, which is so gross an outrage against hu- 
manity ; but he also declined to give it his sanction, for the 
same reason. His directions from the ministry prevented. As 
correct views of civil liberty and of the rights of man prevailed 
in the province, greater sympathy for the Africans was mani- 
fested ; and many ownersof slaves gave up their claims to their 
services. At this period, it was computed that one third within 
the province were in Boston. f 

In the disputes, between Governor Bernard and the house of 
assembly of Massachusetts, for several years, he was unfortu- 
nate in his manner, and feeble in his argument, unless it was 
enough merely to assert the supremacy of parliament. The 
replies of the house were always able, and sometimes severe. 
He often exposed himself to their just criticisms : and they 
never failed to take advantage of his errors or his caprice. In 
1767, he appears to have designedly avoided all dispute with 
them, and to have them in session as little time as possible. 
The general court was a less time in session that year, than in 
any other for a long period. The town of Boston, at this time, 
requested the governor to call a meeting of the legislature ; 
but he declined. And a meeting of the citizens of that patriot- 
ic town was holden in November, to consider the state of pub- 
lic affairs. Resolutions were passed, to encourage industry, 
economy, and manufactures. A committee was also chosen 
to obtain subscribers to an agreement not to use British goods, 
and to refrain from the use of all unnecessary articles. The 
subscribers were very numerous ; and many other towns in the 

* The British officers, then in Boston, frequently recited plays, or parts of 
them, before some of the inhabitants ; which led to an effort, in those who 
were pleased with the amusement, to obtain a repeal of the statute which 
forbid them. 

t Some negro slaves were brought into Massachusetts afterwards, in 
1770, by the captain of a vessel from the West Indies ; they sued for their 
liberty, and the issue was in their favor. 

23 



190 HISTORY OF MASSACHUSETTS. 

province adopted a similar resolution. The members of the 
most respectable families appeared in a plain and unexpensive 
dress ; and for tea and foreign fruit, substituted other and cheaper 
articles for refreshment. 

When the genera] court came together in January, 17G8, 
they were fully prepared for action. A large committee was 
chosen to consider the state of the province. Mr. Cushing, 
who was the speaker, as was then the usage, was the nominal 
chairman ; but the more efficient and able members were 
Samuel Adams, James Otis, Joseph Hawley, Colonel Otis, Sam- 
uel Dexter, and John Hancock. They prepared a petition to 
the king, and to the ministry, a long message to the governor, 
a letter of great power to their agent in England, and a circular 
address to all the other provincial assemblies. In all these 
papers, they were firm and decided in contending for their 
rights, as Englishmen, and for such as their charter assured 
them of: and at the same time, were temperate and respectful 
to the king and the ministry. Their letter to the agent was 
very elaborate ; and was justly considered an uncommonly able 
document. And their circular to the other colonial assemblies 
was calculated to call forth the patriotic zeal and efforts of the 
friends of liberty in all parts of America. 

Their petition to the king, contained the strongest profes- 
sions of loyalty, and stated the sufferings and labors of their 
ancestors in settling the province ; and contended for the author- 
ity of a subordinate legislature to make laws for the govern- 
ment and welfare of the people. Similar views were express- 
ed in the letter to ministers. In the circular to the general 
assemblies of the other colonies, they referred to recent acts of 
parliament, which were deemed oppressive, and incompatible 
with the rights of the people and of the legislatures in Ameri- 
ca ; as those imposing duties and restrictions on trade; estab- 
lishing courts of admiralty, in which causes were decided with- 
out juries, and exorbitant fees demanded ; and quartering troops 
among the people in time of peace. They wished to know 
the views and sentiments of the several assemblies, on these 
and other topics, regarding the liberty and welfare of the colo- 
nies. Their letter to their agent in England contained all the 
arguments used in their public papers ; but was far more full 
and elaborate. Some extracts from it are necessary to show 
not only the views, but the ability of the men of Massachusetts, 
who conducted the interesting controversy, at that period, with 
the administration in England.* 

''John Dickinson, the author »f the "Farmer's Letters,'' said — "Never will 



HISTORY OF MASSACHUSETTS. 191 

" The fundamental rules of the British constitution are the 
only security of the subjects of the whole empire ; and it is a 
security to which all in every part of the kingdom are entitled. 
The supreme legislature, 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 the powers of government are exercised, 
the legislative assemblies in America, (it is conceived) were 
erected, as their existence and the free exercise of their pow- 
er within their several limits, are essentially important and ne- 
cessary to preserve to the subjects in America the advantages 
of the fundamental laws of the constitution. When we speak 
of the rights of the people in America and of the interest we 
have in the British constitution, in common with other British 
subjects, we shall not be suspected of the most distant thought 
of an independency of Great Britain. We know some have 
supposed this of the colonists. But it is so far from the truth, 
that we apprehend the colonies would refuse it, if offered them, 
and would deem it a misfortune to be separated from the gov- 
ernment of England. While we have the full enjoyment of 
the rights of our happy constitution, there will be no grounds 
of envy or discontent on the one hand, nor of jealousy and dis- 
trust on the other. It is the glory of the British constitution, 
that it has its foundation in the laws of God and nature. It is a 
natural and essential right, that a man shall quietly enjoy and 
have the sole disposal of his own property. This right is re- 
cognised in the constitution. And this natural and constitu- 
tional right is so familiar to the people in America, that it 
would be difficult, if possible, to convince them that any neces- 
sity can render it just and equitable that parliament should im- 
pose duties or taxes on them, internal or external, for the sole 
purpose of raising a revenue. r lhe reason is obvious : because 
they are not represented and their consent cannot constitution- 
ally be had in parliament. 

" When the parliament, soon after the repeal of the stamp 
act, thought proper to declare its authority and right to make 
laws, which should in all cases be binding on the colonies, it is 
probable that acts for laying taxes, internal and external, were 

my heart become insensible, (till it is indifferent to all worldly things,) of 
the obligations I owe to the people of Massachusetts, for the vigilance with 
which they have watched over, and the zeal and firmness with which they 
have maintained the liberties of the colonies." " If America is saved," 
(said the citizens of Philadelphia,) " from impending danger, Massachusetts 
must be considered the guardian." P. Randolph said, " I consider the 
people of Massachusetts as very vigilant and steadfast guardians of Ameri-. 
can liberty." 



192 HISTORY OF MASSACHUSETTS. 

included ; for the act, lately passed, imposing duties on paper, 
glass, tea, and painters' stuffs, as well as the sugar act and 
stamp act, are in form and substance as much revenue acts, as 
those for the land tax, customs, and excise, in England. We 
humbly conceive, that objections may be justly made to them ; 
and we think it can be shown, that they are oppressive and inju- 
rious. The security of right and property is the great end of 
government ; and such measures as tend to render right and prop- 
erty precarious, tend to destroy both property and government. 
But what property can the colonists be supposed to have, if 
their money may be granted away by others, and without their 
own consent? Yet this is the case at present; for they were 
in no sense represented in parliament when the act for raising 
a revenue in America was passed. The stamp act was com- 
plained of as a great grievance ; and is there any difference 
between the late act and the stamp act? They were both 
designed to raise a revenue in America.* 

" The original contract between the king and the first settlers 
here, was a royal promise, in behalf of the nation, that if they, 
at their own charge, would subdue a wilderness, and thus 
enlarge the king's dominions, they and their posterity should 
enjoy such rights and privileges, as in their several charters 
are expressed; which are the rights, liberties, and privileges of 
natural born subjects within the realm. The principal privilege 
implied, and in most charters fully expressed, is a freedom from 
all taxes, but such as they shall consent to, in person or by 
representatives of their own free election. King James II. broke 
the original charter ; but, happily for us, his arbitrary conduct 
was disapproved in England. The charter of this province 
was restored, with nearly equal privileges and rights; especially 
that of a representative assembly, with the power of laying 
taxes and regulating the internal concerns of the province. 

" By the common law, the colonists are adjudged to be natu- 
ral born subjects. So they are declared by charter ; and they 
are so by the spirit of the law of nature and nations. And no 
jurist, we think, will deny, that they are entitled to all the 
essential rights, liberties, and privileges of the king's subjects 

-. In 1767, an act of parliament imposed duties on glass, tea, paper, 
painters' stuff, &c, imported into the colonies; not as a regulation of trade, 
but to raise a revenue ; and that revenue to be, not for the colonial treasur- 
ies, but for such purposes as the British ministers should direct. This 
was in pursuance of the declaration of parliament, on repeal of the stamp 
act, " that it had a right to bind the colonies in all cases whatever." At the 
same time, a board of British commissioners was established in Boston, to 
collect and distribute the duties ; and several military companies were also 
pent into the province to aid the custom-house officers. Hence the letters 
P,nd petitions above mentioned. 



HISTORY OF MASSACHUSETTS. 193 

born within the realm. The attorney general told King James, 
'that he could no more grant a commission to levy money on 
his subjects in the colonies, without their consent, by their 
assemblies,* than he could discharge them of their allegiance to 
the crown.' " 

They also referred to the injury on trade arising from the 
duties on imported goods and products, and stated that they 
should not be able to take the manufactures of England as they 
had done. It was said, that Great Britain received twenty-five 
per cent, more than would have been paid, if the colonies had 
taken them from other places. Goods were brought annually 
into the colonies from England, of the value of about two mil- 
lions; and the tax really paid on them was four hundred thou- 
sand pounds. The restrictions on commerce, by which the 
colonies were prohibited from trading directly to other ports 
than English, were also shown to be for the benefit of Great 
Britain, and injurious to the people in America. Objections 
were likewise made to the appropriation of the revenue, thus 
to be raised, which was to support numerous officers appointed 
in England, and a standing military force to compel the people 
to submit to the arbitrary acts of the ministry ; and they mention- 
ed the dissolving of the general court in New York, by a 
ministerial order, because it declined to provide for quartering 
the British troops in that colony ; and pointed out the injustice 
of such a measure. 

The governor and his political friends in the province were 
highly displeased with the proceedings of the general assembly 
in January, 1768; particularly with their circular letter to the 
other colonies, in which their opinions were requested on the 
interesting subjects therein suggested. The measure was rep- 
resented as having been urged by a few factious, discontented 
men ; and as designed to form a united opposition in the colo^ 
nies to the late acts of parliament. Such representations were 
made by the governor that the British ministers gave him 
directions, that unless the circular letter was rescinded to dis- 
solve the general court. The governor informed them, that 
such orders had been received. The house requested copies 
of the minister's letters ; and also of the governor's letters to 
the ministry. They were desirous to know what he had writ- 
ten ; for they believed he had misrepresented their views, 
touching the circular to the other colonies. They had not 
proposed a convention, nor any other plan of united opposition : 
and, on former occasions, such meetings had been held without 
giving offence to the government in England. There was a 
general desire, therefore, to see the late letters of the governor 



194 HISTORY OF MASSACHUSETTS. 

to England; but he declined: and the house refused, by a 
large vote, to rescind their circular letter. They also said, it 
would be of no avail ; for the letters had been sent several 
months before; and no further action was intended by them. 
On their message to the governor,* stating that they had voted 
not to rescind, he immediately adjourned the court ; and the fol- 
lowing day issued a proclamation to dissolve it.f 

This measure of the governor served only to increase the 
opposition, and to inspirit the leaders to greater resolution and 
activity. It was not in character for the patriots of that day to 
be easily intimidated, or driven from their purpose. Their 
minds were made up for the crisis, whenever it might arrive. 
And no obstacles or menaces could check their zeal in the just 
cause in which they were engaged. 

In the month of June, at the instance of an officer of the cus- 
toms, a vessel belonging to a merchant of Boston was seized 
by a boat's crew of an English ship-of-war in the harbor, and 
forcibly taken from the wharf to the ship. The act was com- 
mitted in a violent manner, by cutting her fasts ; and the peo- 
ple were highly exasperated on the occasion. They assembled 
in the evening, and committed some disorders, and insulted 
some of the officers of the British ship, whom they found in 
the town. The seizure of the merchant vessel was made 
merely on suspicion, and unnecessary violence was committed 
by those who seized her. The general court was consulting on 
measures to punish the rioters when it was dissolved. The coun- 
cil, remaining in session, made a report on the subject, and 
authorized the governor to offer a reward for the detection of 
those concerned in the riot. But, at the same time, gave an 
opinion, that the seizure was an aggravated affair, and that 
some excuse was to be made for the irritation and disorder 
among the people afterward. J 

The proceedings of the council, at this period, were firm 
and judicious. They addressed a letter to the agent of the 

* More than five sixths of the members of the house voted not to rescind. 
When the house gave the governor notice of their vote, they said " they 
were actuated by a sense of their duty to God, their king, their country, 
and their posterity ; and they hoped his future conduct would be governed 
by the same principles." 

t There was no secrecy in preparing and voting to send the circular to 
the other colonies ; and the governor was informed of the measure at the 
time by a committee of the house. The minister in England told the 
agent, " that he saw nothing unreasonable in it." The excitement was 
owing to a belief of gross misrepresentation by the governor. 

t Mr. Pitt said in parliament, at this time, when opposing the oppressive 
measures of the ministry towards the colonies — "The Americans have 
been wronged; they have been driven to madness by your injustice — 
Will you punish them for the madness you have occasioned ? " 



HISTORY OF MASSACHUSETTS. 195 

province, and to the ministry in England, complaining of the 
order to dissolve the house of representatives. They insisted, 
that the circular letter to the other colonies did not merit such 
a course; the letter merely asking and giving advice. They 
spoke of the alarm and discontents of the people arising from 
a dissolution of the general court ; of the oppressive effect of 
the new duties ; of the arbitrary conduct of the officers of 
the customs ; and especially of the quartering of regular troops 
in the province.* 

It was a period of great excitement, and every friend of 
liberty and constitutional law was anxiously meditating what 
course was proper to pursue. The merchants renewed the 
agreement not to import the manufactures of England ; and 
articles of mourning were dispensed with at funerals. The 
citizens of Boston met again, and prayed the governor to call 
the general court together, which he declined to do. He 
informed them, he could not summon the court, without an 
order from the British ministers ; and if he should call them 
together, and they would not rescind the circular letter, or 
confess the error of issuing it, he should again dissolve it. They 
then proposed a convention in Boston, and requested all the 
towns in the province to choose members to attend it. A con- 
vention was accordingly holden in that place, in September, 
176S, composed of delegates from more than one hundred 
towns. They were in session several days. The first measure 
adopted was a request to the governor to call a general court.f 
But he refused to receive the petition, and said, it was an unau- 
thorized and irregular meeting. The convention disclaimed 
all legislative and governmental authority ; and declared the 
cause and object of the meeting were the alarms of the people, 
and the obtaining of relief from the oppressive system of imposts, 
custom-house officers,^ and regular troops; which were griev- 
ances to the province, and incompatible with its just authority, 
its rights and liberties. They recommended to the people to 
refrain from all acts of violence and tumult, and to submit to 
all legal authority, till some way of relief should be opened to 
them. They prepared a letter to the agent of the province in 

* Mr. Hutchinson says " that after the lieutenant governor was left out 
of the council, there was little freedom and independence in that body ; 
and that it became subservient to the views of the leaders in the house." 

t At this meeting, it was also voted, that the people of the province be 
advised to furnish themselves with fire-arms : and that a day of fasting and 
prayer be observed. 

t The officers of the customs were very obnoxious to the people. The 
cadets, the governors guard, voted not to dine with the commander-in- 
chief, on a public occasion, (June, 17Gd) if the commissioners were invited. 



196 HISTORY OF MASSACHUSETTS. 

England, and a petition to the king. In these, they said there 
was reason to fear, that misstatements had been made, by some 
in authority in the province, as to the conduct and designs of 
the people; in consequence of which regular troops were 
ordered to be stationed among them. They complained that 
the general court had been dissolved, and that petitions before 
forwarded to the king had not been presented. They stated 
that the people did not wish for independence, nor were pro- 
moters of riot and violence. " We hold that the sovereignty of 
his majesty, King George Third, (they said) is entire in all parts of 
the British empire ; God forbid, that we should ever act or wish 
any thing in repugnation of the same. We appear as plain, 
honest men, humbly desiring peace and order ; and while the peo- 
ple observe a medium between abject submission and a slavish 
stupidity under grievous oppressions, on one hand, and illegal 
attempts to obtain relief, on the other, and steadily persevere 
in constitutional applications to recover their just rights and 
liberties, they think they may promise themselves success." 

So prudent and temperate were the proceedings of the con- 
vention, that, though the governor and his friends, at first, con- 
sidered it highly irregular, they spoke of its conduct afterwards 
without censure. Some of the government party said, "it was 
destitute of spirit, and that the expected arrival of more troops 
intimidated a majority of the meeting." It was a season of 
uncommon anxiety and apprehension through the province; 
and it was difficult to decide, whether forbearance and modera- 
tion, or more spirited measures, were the most proper, and the 
most suitable to guard against continued or even greater acts of 
oppression. It was evident, there was a determination in 
ministers to enforce the acts of parliament, which in the prov- 
ince were considered unjust, even at the point of the bayonet. 
Whether they had adopted such a determination, from their 
own conviction, that it was necessary to carry the laws into 
effect, at all hazards; or whether the advice of Governor Ber- 
nard, and others in Massachusetts, had induced the ministry to 
adopt such a course ; the belief of the people in fact was, that 
a standing army would be sent into the province, to awe, or to 
coerce them into submission. 

This was a perilous condition, and required not only resolu- 
tion and spirit, but wisdom and prudence.* The province was 

* From 1763 to 1766, James Otis, Jr., an eminent attorney of Boston, 
was the leading member of the house of representatives. His father, an 
inhabitant of Barnstable, was also one of the zealous and active advocates 
for the lights of the province. The education of the son was superior to 
that of the father : but both had talent, and energy of character. Mr. 




.?< 



onte-!> 



A 



C-lU-C-O-Wl . 



HISTORY OF MASSACHUSETTS. 197 

weak, and England was powerful — a contest of force, at that 
time, would have been the extreme of folly and rashness. And 
yet, quietly to acquiesce in the measures of administration, was 
not in character for the men of that day, and it would have 
proved fatal to the cause of constitutional liberty. Prudent 
counsels prevailed ; and the effect was eventually favorable. 
There was no apathy, and no servile submission to arbitrary 
power. Proper remonstrances were made against the oppress- 
ive measures under which the people of the province were 
groaning ; and a spirit was gaining strength, as information 
prevailed, to meet impending difficulties. One of the greatest 
evils felt, was the want of a house of assembly, a constitutional 
body, to oppose tyranny, and to defend the people in the 
enjoyment of their rights and liberties. For, if the British min- 
istry could prevent the general court sitting, as they pleased, the 
regular way to seek relief and to oppose arbitrary measures 
could no longer be used. The evil was in some mejgure miti- 
gated by the vigilance and firmness of the council. They 
could be a check, in some cases, on the governor, though they 
could not perform any acts of legislation. 

On the day of the adjournment of the convention in Boston, 
or only the evening before, two regiments of British troops 
arrived from Halifax, which had been ordered by General 
Gage, in compliance with instructions from England, to be sta- 

Hutchinson charged them with ambition and selfishness ; while the peo- 
ple generally were unable to account for his public conduct, except from 
the love of office and power. Samuel Adams, of Boston, was among the 
early supporters of the rights and liberties of the people. Before he was a 
member of the house, he had great influence with the committees, appoint- 
ed to prepare state papers, and took the lead in the proceedings of the town, 
relating to public affairs. He was chosen a member of the house in Sep- 
tember, 1765, in the place of Oxenbridge Thachef, (who died at that time) 
who was a very learned, judicious, and able friend of the province. Tho- 
mas Cushing, who was often speaker of the house, was a member for Bos- 
ton, and a warm supporter of civil liberty ; but he was not qualified to be a 
leader of opposition, in a time like that of 1765, and 1770. James Bowdoin 
was distinguished for wisdom, discietion, and cool judgment, yet not defi- 
cient in energy and decision of character, to contend against the ablest 
advocates of the British government. He was generally chosen into the 
council; and was there a great supporter of the measures proposed by the 
'whigs in the house. He was also a scholar and a philosopher. Samuel 
Dexter, in some respects, was of a similar character to Bowdoin ; a man 
of the first education, of great reading, and well versed in the writings of 
Locke, Grotius, Hampden, Sidney, and Harrington. Joseph Hawley, an 
eminent lawyer of Northampton, was more like Otis ; ardent, zealous, and 
eloquent ; and in his writings against the friends of arbitrary power, full of 
severity and sarcasm. Thomas Saunders, of Gloucester, and Joseph Ger- 
rish, of Newburyport, were men of influence in the house, and had the 
honor of being several times rejected by the governor, when chosen coun- 
sellors, merely because they were opposed to his arbitrary principles, and 
to the measures of the British ministry. 

24 



198 HISTORY OF MASSACHUSETTS. 

tioned in the capital of Massachusetts. One or two others 
were also expected from Ireland ; intelligence having been 
received that orders had been issued for that purpose. The 
alarm produced by these events was universal and extreme. 
To have regular troops stationed in the province in time of 
peace, was altogether unprecedented. The only design was 
seen to be to compel obedience to the arbitrary orders of cus- 
tom-house officers, or of the governor, who was disposed to 
maintain his authority (and of the extent of his authority he 
was to be sole judge) at every hazard. And the prospect was 
the more exciting and alarming, as it was known that the gov- 
ernor and some others had given ministers an opinion, that 
order and law could not be maintained in Massachusetts with- 
out an armed force. 

The popular excitement was so great, at this time, that the 
governor was alarmed for his personal safety. Some of the 
people were too much inclined to mobs ; and though most of 
the reflecnng part of the town did not approve such violences, 
it was said, they did not use all possible efforts to prevent or 
punish them. Probably, the governor was conscious he had 
been the cause of sending troops into the province. He had 
been olten charged with advising to it. Mr. Hutchinson says, 
that General Gage, at New York, then commander of the 
British forces in America, had orders to send troops to Massa- i 
chusetts, whenever Governor Bernard should desire it. He 
once asked the advice of the council (in 1767) whether he 
should apply to General Gage for troops : and he enjoined se- 
crecy under their oaths, when he requested their consent, j 
They advised against it; and the troops were not applied for, 
at that time. Whether he made a request for them again in 
1768, does not appear ; but the people generally supposed, that 
it was in consequence of his representations, the troops were 
sent in that year. Governor Bernard proposed leaving the 
province, at this period ; and said to his friends, that he had 
been more happy in New Jersey than in Massachusetts. The 
troops came, and he seems to have been more willing to re- 
main. The house had before this requested the British min- 
istry that Governor Bernard might be recalled. He was very 
unpopular at this time ; for it was known that he had greatly 
misrepresented the province. 

Before the troops arrived, the governor informed the coun- 
cil, that they were soon expected, and desired them to order 
a place and provisions for them. The council advised that the 
selectmen of Boston might be consulted ; but they declined 
acting in the case. The governor then pressed the subject 



HISTORY OF MASSACHUSETTS. 199 

again before the council. They gave an opinion, after some 
deliberation, that the troops should be stationed at the castle ; 
and offered as reasons, that there was no necessity to quarter 
them in Boston, and that the accommodations at the castle 
were sufficient ; at least for the two regiments expected from 
Halifax ; and they hoped no others would be ordered. The 
governor replied, that the directions were for part of the troops 
to be stationed in Boston, to preserve the peace and order of 
the town.* It was only proposed at first, to quarter one regi- 
ment in Boston, and to have the other stationed on Castle Is- 
land. But, the commander was told, on his arrival, that both 
the town and the governor's council were opposed to having 
the troops stationed in Boston ; and he resolved to land all in 
that place, instead of the castle. When desired to provide 
quarters for them, the council said there were barracks at the 
castle unoccupied, and that was the proper place for them. 
Under a pretence, that the troops were wholly under control 
of the colonel, and that he had no authority in the case, the 
governor had invited the military officers (and some others) to 
be present in council, when the request was made to the board, 
for quarters for the troops. And the colonel presumed to give 
his opinion, at the council board ; " saying, that no man out of 
Massachusetts would have objected to such a request, and that 
they had put a wrong construction on the act of parliament, 
which provided for the quartering of troops in the colonies." 
He also threatened to give information to the ministry, of this 
refusal of the council.f The officer was so inconsiderate as 
to say, that there was a bad spirit in Boston, which had induc- 
ed him to land both regiments there. The council re- 
plied, that he was mistaken ; and they hoped he would repre- 
sent to the authority in England, that the people were peace- 
able and orderly ; and would prevent the sending of more 
troops into the province. The council finally consented, that 
the governor, if he saw fit, might quarter the troops in Bos- 
ton, but that the expense must not be on the province, but on 
the British government.! 

* The people said, " to overawe the friends of liberty, and to support 
British agents and officers in their conduct, howsoever oppressive or arbi- 
trary :" and ' : that the troops would not have been sent, but by advice of 
ill-minded persons." 

t This was singular conduct ; and justly alarmed the friends of civil lib- 
erty. The representatives of -the people were not allowed to assemble ; and 
even the council was overawed by the presence of a military officer, who 
was not of the board. 

JThe frame of a guard-house, which the British colonel, Dalrymple, had 
put up, at the south end of Boston, on the neck, wa3 pulled down by the 
mob, the evening of October 10th, 1768. 



200 HISTORY OF MASSACHUSETTS. 

Soon after. General Gage arrived in Boston from New York, 
probably by request of Governor Bernard, and he too was in- 
vited to be present in council, when the governor asked advice 
as to the disposition of the regiments then expected from Ire- 
land. The governor proposed that the manufactory building, 
the property of the province, should be fitted up for the troops. 
After much urging by the governor, six out of eleven of the 
council consented that the building might be used for that pur- 
pose, provided there was not sufficient room at the castle ; and 
that the expenses be borne by the crown. The governor af- 
terwards, ordered the sheriff, accompanied by Mr. Hutchinson, 
to take possession, if he could peaceably : but he was prevent- 
ed, (as Hutchinson says,) " by some of the first-rate sons of 
liberty." General Gage then hired houses for the troops ; but 
this was not done, without great difficulty. There was a strong 
objection to having regular troops in the town or provinces, 
and kxv were so sordid as to barter their principles of liberty 
for gold. While General Gage was in Boston, the council 
presented an address to him ; with a view to apologise for the 
late disorders, and to show that troops were not necessary to 
the quiet of the province, or the execution of the laws : and 
desiring him to order the trocps in Boston to the castle, and 
to prevent any more coming into the province. The council 
of the next year complained that General Gage had misrepre- 
sented the state and temper of the people, and had advised, 
that the troops be kept in the province. Perhaps, nothing 
better could be justly expected of a military chief. 

The prospect at this period (the winter of 1768-9) was encour- 
aging to the friends of administration, and the opposition party 
was almost ready to despond. There was no house of assem- 
bly — the governor and his supporters had the confidence of 
ministers — their ill reports of the province were believed, the 
oppressive and obnoxious laws were in full operation, and sev- 
eral regiments of mercenary troops had been sent into the 
province to enforce those laws. Arbitrary power was trium- 
phant. The people indeed, complained, the council com-* 
plained and remonstrated — but however just their complaints 
and remonstrances, the strong arm of power was against them. 
But the genius of liberty was not dead nor asleep. There 
was a spirit of inquiry and of resolution abroad among the 
people ; and most were ready to suffer every thing in support 
of civil liberty, for which their fathers had struggled.* 

* Governor Bernard wrote to the ministry, that some of the people of 
Massachusetts were mad enough to declare " that they were ready to die 
for liberty." This was a strange sentiment to the governor! 



HISTORY OF MASSACHUSETTS. 201 

It was found, that acts of parliament for quartering troops, and 
for sending persons suspected of treason to England for trial, had 
been repealed, or were of no force. And altera few months, 
the friends of liberty took fresh courage, and resolved never to 
despair of tbe commonwealth. When Governor Bernard was 
requested to call the general court together and declined, he 
said he could not do it, till directed by the King's ministers. 
But in the spring of 1769, writs were issued for the choice of 
representatives to meet the last Wednesday of May. He 
probably received instructions for that purpose. His conduct 
was not fully approved in England ; and he was certainly de- 
ficient in discretion, or in a conciliating temper. The riots were 
prejudicial, in some degree, to the character of the province ; 
but the temperate and prudent conduct of the council and the 
moderation of the convention which was held in Boston, serv- 
ed to convince the administration in England, that the people 
of Massachusetts were not disposed to rebellion, but were loyal 
and friendly to law and order. The military force, howev- 
er, continued in Boston, ready, when necessary, to support the 
governor and other officers of the crown. 

But the spirit of liberty was not subdued, under all this 
formidable array of power. There was, indeed, a mighty odds, 
and yet patriotism was watchful and active. When the house 
assembled, a resolve was passed, approving the firm and faith- 
ful conduct of the council, during the suspension of the court: 
and a solemn protest was made to the governor, even before 
his regular and usual speech to them, against stationing troops 
in the province in a time of peace, and placing a portion of 
them near the house where the legislature met, as if to over- 
awe them in their deliberations for the welfare and liberties of 
the people. They said, " the experience of ages was sufficient 
to show that the military power is ever dangerous, and subver- 
sive of free institutions. The council has publicly declared, 
that the military is unnecessary for the support of civil author- 
ity in the province : Nor can we conceive that his majesty's 
service requires a fleet and army here, in this time of profound 
peace. We have a right to expect that your excellency will 
give the necessary orders, as the king's agent, for the removal 
of the troops and ships, out of this port, and from the gates of 
this city, during the session of the general court." They also 
declared, that it was their purpose to support the king's author- 
ity, and the welfare of the province, — to make a thorough in- 
quiry into the grievances of the people, and to have them 
redressed, to reform illegal proceedings and maintain public 
liberty: for that these were the great ends for which the court 



202 HISTORY OF MASSACHUSETTS. 

had assembled.* The governor replied, " that he had no 
authority over the ships in the harbor, nor the troops in the 
town ; and therefore could give no orders for their removal." 

This gave no satisfaction to the representatives, nor to the 
people. The great principle, both in England and the colonies, 
was, that the military must always be subordinate to the civil 
authority. Bui here were nearly four regiments, consisting of 
about two thousand troops, above the control and orders of the 
civil power, and solely at the command of a military officer. 
The declaration of the governor, therefore, served to increase 
rather than to allay the fears of the people. Before attending 
to the usual business of the session, or choosing counsellors, the 
house adopted resolutions and a protest, in which they declared 
that they would, to the utmost of their power, support and 
maintain a constitutional freedom in their elections, debates and 
deliberations, — that having an armed force by sea and land, in 
and near the metropolis, while the legislature was in session, 
was a breach of privilege, and inconsistent with that dignity 
and freedom, with which they had a right to deliberate and de- 
termine. And that they proceeded to take part in the elec- 
tions of the day, from necessity only. 

In a short speech to the general court, the governor profess- 
ed to aim at the honor of the crown and the welfare of the 
people; and said these two objects were, in his view, quite 
consistent. But his conduct gave no evidence that he sought 
the latter, however desirous he might be to maintain the former. 
He declined the proper exercise of his authority, as chief 
magistrate of the province, and left the disposition of the troops 
entirely to the control of their immediate commander. This 
was a gross error, either in Governor Bernard, or the ministry, 
by whose instructions he acted. He also gave his dissent to 
eleven gentlemen chosen into the council ; among whom was 
Bowdoin, and several others, truly discreet and moderate men, 
even in their political conduct."}"- 

The house of representatives declined proceeding to the 
ordinary business of the session; and a third time protested 
against the troops being stationed in Boston, and especially by 
the court house. They said it was an insult to the representa- 
tives, and to the province ; and they again expressed their sur- 
prise, that the governor should say, that he had no authority or 

* Part of the British troops were quartered near the State House, and 
their cannon placed just by the doors. Some were in the market house, 
and some in a building called the Manufactory House. 

t Artemas Ward, John Hancock, William Brattle, and Walter Spencer, 
were of the number. 



HISTORY OF MASSACHUSETTS. 203 

control over the troops in the province. He, in reply, com- 
plained that they had been together fifteen days, and transacted 
no more of the public business. He said they were expending 
the people's money, without doing them any service. They 
retorted, " that they must judge what the interests of the peo- 
ple required, and should presume on their approbation, while 
defending their rights. The people would not complain on 
account of the expense of a few days continuance of the court, 
so that their liberties were preserved." When the governor 
found the house thus firm, he adjourned the general court to 
Cambridge; and there again reminded them that much time 
had been spent, and the public business remained undone. He 
stated what he thought necessary should be attended to, and 
requested them to despatch it, that the legislature might be 
adjourned. The house passed resolutions, expressing their 
opinion of the arbitrary and unconstitutional conduct of the 
British ministry, in ordering troops into the province, to awe 
the proceedings of the legislature, and to compel the people to 
submit to oppressive taxes. They declared their loyalty to 
the king, and their determination to submit to his authority ; 
but believed that he had been deceived by misstatements from 
his agents and officers in the province, who must have known, 
that the people were seeking only to maintain their rights in a 
legal and constitutional manner. 

A few days after, Governor Bernard informed the general 
court, that the king had signified his pleasure that he should 
repair to England and give an account of the state of the pro- 
vince. The house, in their reply to this notice, said they were 
bound at all times to acquiesce in the directions of the king, 
and that they cheerfully did so, in the present case, particularly. 
They hoped he would give a true statement of the province, 
for they had reason to believe, that he and others had given 
false accounts of the views and designs of the inhabitants. 
They were desirous, they said, that all those who had wickedly 
excited the displeasure of the king and his ministers against 
them, should be removed from all trust among them ; and they 
were satisfied they could answer for themselves and constituents 
whenever called upon. The governor had urged a grant, both 
to himself and the lieutenant governor, after his departure; 
they replied that they should duly guard the money of the 
people, and make no grant but such as they thought proper; 
but that they should be always ready to provide for a support 
for the governor, according to the ability of the people. 

In a message, a few days later, the governor called on the 
house to make provision for the troops in Boston and at the 



204 HISTORY OF MASSACHUSETTS. 

castle. The house took no notice of the request ; and he 
again desired that they should provide for them, without delay ; 
suggesting that there was an act of parliament requiring it to 
be done. He further asked the house to build more barracks 
for the accommodation of the troops. This was probably done 
to find more matter of complaint against the province; for, no 
doubt, he expected they would refuse. The answer of the 
house, to these messages, was as firm and spirited as any com- 
munication ever made, by any assembly, to the royal governor. 
A part of it is given, to show that their resolute spirit was not 
subdued: "We are surprised, that your excellency had the 
request of General Gage, and the military commander here, so 
long before it was made known to us, — and that when one 
message had been sent us, another 'quickening demand' so 
soon followed. It is yet more surprising, that when his 
majesty, in the late wars, in which this people freely bled with 
his regular troops, only requested our aid, it is now demanded 
in an imperious tone, by the barrack-master, or commander of 
a regiment. Such an indignity to your excellency's high sta- 
tion would have been an affair between your excellency and 
the barrack-master, had it not have been laid before us, as an 
appendage to the message you were pleased to send us. 

" We have already declared our sense of the injury done this 
people by the exertions of a kw selfish persons, who have caused 
the quartering of regular troops among us, in a time of peace. 
Even in a time of war, the act of parliament only requires pro- 
vision to be made by a colony for a short time, while they are 
on their way to their final destination. * * * The whole con- 
tinent has been sometime distressed with acts of parliament, 
imposing taxes, for the purpose of raising a revenue, on the 
people without their consent, or that of their representatives, — 
and we take leave to say, that we deem all such acts to be for 
laying a tribute, for the purpose of dissipation among pensioners 
and placemen. And if the present be continued, it will be 
difficult to distinguish the case of widows and orphans in 
America, plundered by infamous informers, from those who 
suffered under the most oppressive of the Roman governors of 
provinces. The (ree representatives of the yet free people of 
America, are called upon to advance such sums of money, as 
those may demand, over whom they have no control. As the 
agents of the people we ought to grant only what we think 
reasonable, and they have ability to pay. Your excellency 
must excuse us, therefore, in this explicit declaration, that as 
ive cannot, consistently with our honor or interest, and much 
less ivith the duty we owe our constituents, so we never shall 



HISTORY OF MASSACHUSETTS. 



205 



make provision, for the purposes in your two last messages men- 
tioned." 

Governor Bernard did not suffer this high-toned message 
from the house to go unnoticed. He said he considered it as 
going entirely to deny the supremacy of parliament, and setting 
up their authority as ahove that of the parent government: 
That no representations of his were necessary to show the 
ministry that his and their authority were at an end in the 
province ; their own declarations being sufficient to establish 
the fact. The day after this reply of the governor to the 
house, he prorogued the general court to January. But the 
house took time to prepare a second petition to the king, for his 
recall from the province; in which they referred to numerous 
instances of his arbitrary conduct, and represented him as an 
enemy to the liberties and welfare of the people. The coun- 
cil was as much dissatisfied with his administration as the 
house; and it afterwards appeared that some of the British 
ministry disapproved of his course, and admitted that he had 
represented the province as requiring an armed force to keep 
it in order. 

On this, as well as on other occasions, the neighboring 
colonies looked to Massachusetts for direction and example, in 
the political dispute with the parent state. They considered 
her as taking the lead in the cause of civil liberty, and as op- 
posing the agents of arbitrary power, for the benefit of all. It 
was, indeed, a common cause ; but from her comparative 
strength and her past efforts, Massachusetts was observed with 
peculiar interest. Had her statesmen and patriots faltered, 
the other parts of the country would have hardly dared to op- 
pose. The friends of liberty, in different colonies, acknow- 
ledged the great services of Massachusetts, and often encour- 
aged her by their gratitude and commendation.* 

* A resolution was reported by the house, in June, 1769, '• that no law, 
made by any authority where the people were not represented, was binding 
on them." It was altered, afterwards, however, so as to refer to laws im- 
posing taxes, duties, &c. 



25 



CHAPTER XIV 



British troops remain in Boston — General Court adjourned a long time — 
Statement and Protest of the Citizens of Boston — Massacre in Boston, 
March, 1770 — General Court held in Cambridge — House remonstrate 
against it — Riot at Gloucester — Ministerial instructions — Gov. Hutchin- 
son's political views — Dispute continued, on holding the General Court 
out of Boston — Governor's salary paid from England — Courts — Mr. Han- 
cock — Public finances — Samuel Adams — Controversy on salary of Gov- 
ernor and Judges — John Adams — Proceedings of Boston — Their state- 
ment and circular. 

The continuance of the British troops in the province was 
a subject of deep and constant complaint. For there could be 
no reason given for retaining them, but to compel obedience to 
severe and oppressive acts of the parent government. None 
but arbitrary measures would be opposed by so loyal and sober 
a people. Some of the ministry were opposed to sending or 
continuing them in the province ; and many members of the 
house of commons condemned it as an impolitic measure. But 
the majority believed the statements of Governor Bernard, and 
therefore advised to it ; and when requested to withdraw them, 
chose to try the experiment a little longer. The troops were 
kept in strict discipline, for some months; and few complaints- 
were made of gross insults offered to the people.* 

There was now another long period without a session of the 
general court. The king's representative in the province had 
power, not only to call a meeting of the legislature at such 
tune as he chose, but to prorogue it as long as he saw proper, 
without their request or consent. This was one of the in- 
stances of arbitrary power, in Governor Bernard. It had been 
usual to have a session in the autumn ; but though much pub- 

* Impressments were frequent, at this period, by officers of British ships 
of war. The lieutenant of the Rose frigate, in attempting to impress men 
from a vessel of Marblehead, was opposed and killed. Four men of the 
American vessel were tried for murder, and acquitted. Lieutenant Gov- 
ernor Hutchinson, then Chief Justice, was opposed to having a jury, con- 
sidering it an admiralty case ; but the majority of the court were in favor 
of a jury. 



HISTORY OF MASSACHUSETTS. £07 

lie business required attention, he adjourned the court to Janu- 
ary, and soon after sailed for England.* 

But if the representatives of the province had no opportu- 
nity to act, as a body, in maintenance of their rights, the peo- 
ple were vigilant and watchful, in this respect, as far as con- 
sistent with law and order. And in no other way, were they 
disposed to proceed in opposition to the oppressive measures 
by which they suffered, It was only a very i'ew who advocated 
riots and mobs. The people were generally deeply sensible of 
the evils of a standing army in the province, of the British law 
for raising a revenue, and of the numerous custom-house offi- 
cers, who had no sympathy for the inhabitants, and who were 
ready to use the greatest extent of the power with which they 
were clothed.f Many towns instructed their representatives to 
make all possible efforts for the removal and redress of these 
grievances. Boston, the capital of the province, where the 
citizens were alike intelligent and patriotic, prepared an address 
to the king, at this time, for the purpose of vindicating the 
character of the town and province, from the misrepresentations 
of Governor Bernard, and appealing to the favor and magna- 
nimity of their sovereign. They averred that they sincerely 
desired a continuance of the union with Great Britain. They 
explicitly declared, that they considered their rights were in- 
vaded by the late measures of administration ; and protested 
against acts for raising a revenue in the province without their 
consent ; against a board of commissioners of the customs, the 
quartering of troops, and the instructions of ministers having 
the force of law. 

At the same time, the merchants, and other citizens of Bos- 
ton, renewed the agreement for not importing and using British 
goods.J A very few, only, declined subscribing the agreement, 
two of whom were the sons of the lieutenant governor, who 
became very unpopular by this refusal. At a very large meet- 

* Governor Bernard was very unpopular in the latter part of his adminis- 
tration. He had advised to the appointment of the counsellors by the king, 
and to recall all commissions given to improper persons ; intending such as 
were opposed to his arbitrary measures. Bowdoin, S. Adams, and James 
Otis, Jr., were expressly named. Governor Bernard was so obnoxious, 
that, in 1767, at the public examination of the schools in Boston, the select- 
men declined inviting him. 

t In 1769, it was proposed to send to England for trial any persons ac- 
cused of unjust opposition. This gave great alarm, and called forth the 
clamors of the people. 

X Arnold Welles, f Edward Davis and Henderson Inches, were the commit- 
tee to ascertain who violated the agreement. There was a fear that interi 
est might sway some to evade it, as well as political views. 



203 HISTORY OF MASSACHUSETTS. 

ing, the town voted to prevail with all importers of goods, to 
conform to the agreement; and while assembled, the lietenant 
governor sent the sheriff to disperse them, and to foibear all 
such unlawful meetings.* It was voted, that the sheriff inform 
the lieutenant governor, that they considered the meeting war- 
ranted by the laws of the province ; that his message had been 
received with due solemnity and deference ; and that it was their 
determination to maintain consciences void of just offence to- 
wards God, and towards man. 

A partial change was again made in the British ministry, 
and the duties were removed from some articles, which had 
been subject to high rates of impost. But the principle was 
still asserted, by the administration in England, that the parent 
government had the right to legislate for the colonies ; and that 
the only question with them was, as to the expediency and the 
extent, in any particular cases. While this principle was ad- 
vanced, the patriots in the colonies could not be satisfied, nor 
could they cease to contend against it. Their doctrine was, 
and with them it was all-important and indispensable, that they 
had the sole right, derived from nature, their charter, and the 
spirit of the British constitution, to tax themselves through 
their representatives. This doctrine, they were resolved never 
to yield ; and, with all their love of order and submission to 
legal authority, so long as the British government interfered 
with this principle or claim, they were prepared to struggle ; 
and seemed determined to oppose till their right was fully 
recognised. f 

The great body of the people are more apt to be aroused 
by specific acts of injustice and oppression, than by the mere 
assertion of principles, however dangerous and hostile to liberty. 
The more intelligent and foresighted saw nothing but evil and 
danger, from a standing army; but after the first moment of 
alarm was over, on the landing of the troops, and as they were 
kept for some time, under strict discipline, they were viewed 
by many with less fear and abhorrence. But in the winter 
and spring of 1770, the soldiers were permitted to wander 
more frequently about the streets, and became insolent and 
menacing in their language. In a few instances, they were 

* They had not applied to him for liberty to hold the meeting ; and unless 
such consent was had, a town meeting for political purposes was deemed 
unlawful. 

t In 1760, an order was obtained of the king, granting an appeal to the 
council of state in England, from the judgment of the superior court of the 
province, in an action of ejectment. The general court instructed their 
agent in England " to prevent such a fatal precedent being established." 



HISTORY OF MASSACHUSETTS. 209 

rude and indecent in their deportment towards respectable 
females. The people also, on some occasions, applied abusive 
epithets to the soldiers, which served to provoke and irritate 
them. Before the fatal evening of the 5th of March, several 
disputes and affrays had occurred between the citizens and 
the soldiers, or officers of the customs. One of the most seri- 
ous of these took place on the 22d of February, between a 
notorious spy and informer against the merchants, and a few 
boys, who had caught the spirit of the times. The boys were 
carrying paintings of those merchants who still imported Eng- 
lish goods. They were met by the informer, who endeavored 
to persuade a countryman then passing to destroy the paintings. 
The passenger declined, and he attempted to destroy or deface 
them himself. A number of the citizens soon collected ; and 
the informer charged some of them with perjury, and threatened 
to prosecute them. They considered him too insignificant to 
be noticed. The boys, however, were provoked at having 
their images broken and mutilated. They followed the man 
to his house, and assailed him with abusive epithets. As soon 
as he entered his house, he took up a gun, but the boys were 
not frightened ; and threw snow balls against the house, as 
the only revenge they could have on him. He fired from a 
window, and one of the boys was killed by the shot. The ex- 
citement which arose on this wanton and most unjustifiable act, 
was extreme through the whole town and province. The 
funeral of the deceased lad was attended by an immense con- 
course of people, a great portion of them highly respectable; 
and he was considered a martyr to liberty ; and a victim of 
arbitrary power. 

The officers of the customs, with their mercenary agents, 
and the soldiers, were deemed enemies of the people and of 
liberty, and became more and more the objects of indignation 
and abhorrence. Some imprudent speeches, and even threats, 
were made by individuals, whose feelings were too powerful 
to be entirely restrained. The soldiers, fearing, or affecting to 
fear, assaults, roamed about in parties, and with large blud- 
geons ; who were far more insolent and menacing, both in 
language and gestures, than any of the citizens. They seem- 
ed to be seeking occasions for attacking the people. They 
should have been kept in their quarters, or suffered only to go 
abroad with an officer, who would have felt it his duty to 
restrain them from all disorderly acts. 

On the second and third of March, repeated quarrels took 
place between some of the soldiers and the laborers at a rope 
walk. Different accounts were given of the affray, but it ap- 



210 HISTORY OF MASSACHUSETTS. 

peared probable, that the first overt acts of violence were com- 
mitted by the soldiers, though the citizens might previously 
have used ill-language or threats. The soldiers, without arms, 
made three separate attacks on the workmen, and were every 
time overpowered, and obliged to flee ; though the last time, 
on Saturday, the third, they were more numerous than before. 
The soldiers swore revenge ; and the citizens were so alarmed 
by their threats, on the fourth and fifth, that children and 
females were advised not to be abroad in the evening. At an 
early hour, several parties of soldiers were observed in the 
streets, which was unusual, and ought not to have been per- 
mitted. The people became apprehensive of some violent 
movement, and they also in small parties paraded about the 
streets. There was no proof that the latter had any other 
purpose than to see what the soldiers would do, or attempt. 
Between eight and nine o'clock, one of the bells was rung, as 
indicating fire. Many of the citizens appeared in the streets, 
but without arms, or any apparent settled plan of disorder or 
attack. A considerable collection was soon made near the 
market ; and some of them were armed with clubs. There 
was evidence of great irritation among the citizens ; for it was 
known that the workmen had been attacked at a rope-walk, 
on Friday and Saturday ; and when repelled, that the soldiers 
threatened vengeance. The people did not distinguish ; to 
every soldier they met they gave abusive language. The 
sentinel placed near the custom-house, at the corner of State 
(then King) street and Exchange street, was rudely accosted, 
and some snow or ice was thrown at him, He called on the 
main guard for protection, which was stationed near the en- 
trance of Devonshire street. Six men and a sergeant were 
soon ordered to protect the sentinel, supposed to be in danger, 
The captain of the company followed, probably with a design 
to prevent unnecessary violence. As the guard was passing 
across the street towards the sentinel, the people gathered 
round, and pressed on them, and some of them threw ice and 
snow balls at the guard also. The captain seeing the crowd, 
and fearing, perhaps, that his small guard would be overpow- 
ered, ordered them to charge. But the people were not 
checked, and continued throwing snow and ice at the soldiers : 
and one of them was struck or thrown down. At this mo- 
ment, some one cried, " fire ;" but it was not certain to have 
been the captain. The guard immediately discharged their 
pieces among the people ; when three were killed, and two 
mortally wounded. Some others of the crowd also were 
slightly wounded. 



HISTORY OF MASSACHUSETTS. 2i }. 

The lieutenant governor had immediate notice of this tragi- 
cal affair, and came into the street, and thence to the coun- 
cil chamber. Some of the citizens urged that the troops be 
ordered to their barracks ; but he declined giving such orders. 
He addressed the people, however, and advised them to retire, 
expressing his deep regret at what had taken place. Warrants 
were made out by the justices of the town, and the captain and 
the soldiers of the guard were arrested and committed. The 
next morning the citizens of Boston held a meeting, and sent 
a committee to the lieutenant governor, who was then holding 
a council, requesting the removal of the troops from the town. 
He replied, that he had no authority over them. The peo- 
ple were not satisfied with his reply, and again made the re- 
quest ; the council also urged him, at least, to express a desire 
to the military commander that he would remove them. To 
this he assented, but would give no positive orders. It was 
therefore left with the officer to decide ; and he consented that 
one regiment should be removed to the castle. But the peo- 
ple were not satisfied that any should remain in the town ; and 
voted that it was necessary for the peace and safety of the in- 
habitants, that all should be withdrawn. The committee, of 
which Samuel Adams was chairman, again proceeded to the 
council chamber, and made known the vote of the meeting. 
He addressed himself to the military commander, as the lieu- 
tenant said he had no control of the troops, and said if he could 
order one regiment, he could also order both, and that it ivas 
at his peril he should refuse. The officer was astonished at 
the boldness of the citizen, and Mr. Hutchinson said, "it was 
a strong expression of that determined spirit which dictated 
all future measures." Some of the officers were displeased 
with being thus obliged to leave Boston, at the instance of the" 
populace, as they said ; but, in a few days, the commanding 
officer prudently consented that the whole of the troops should 
be stationed at the castle. The officers and men, who were 
apprehended for firing on the people, had a fair and impartial 
trial, and were acquitted. The people were much agitated at 
the time of the transaction ; but they had time for reflection,' 
and a more full and correct account probably satisfied them, 
that, though the bloody deed could not be justified, the sol- 
diers were first assaulted, on the evening the firing took place ; 
and that their acquittal was such as the law fully sanctioned.* 

There had now been a long suspension of the legislature. 

* R. T. Paine acted for the government in the absence of the king s 
attorney ; and J. Adams, and J. Qaincy were counsel for the prisoners. 



212 HISTORY OF MASSACHUSETTS. 

Governor Bernard, by adjourning the court from July to Jan- 
uary, had omitted the usual fall meeting. The lieutenant gov- 
ernor ordered it further prorogued to the middle of March, in 
compliance, as he said, with instructions received from the 
British ministry ; and then directed that the session should be 
in Cambridge. The house was dissatisfied with the measure ; 
and complained that the will of ministers should be so arbitra- 
rily exerted. It was a grievance, they said, to have the gen- 
eral court so long postponed, and then holden out of the capital 
of the province. The lieutenant governor pleaded his in- 
structions, and clearly intimated that the instructions were per- 
emptory, and that he had no discretion ; but it afterwards ap- 
peared, that he was only conditionally instructed, and that if 
there were good reasons against the court sitting in Cambridge 
rather than in Boston, he might order it to be convened in the 
latter place. This conduct argued that want of fairness, ne- 
cessary to the full confidence of the people in their chief 
magistrate, without which he could not expect to be very use- 
ful. The representatives protested against this arbitrary mea- 
sure, and declined proceeding to business for several days. It 
was a great inconvenience to them, they said, to be at a dis- 
tance from the records of the court ; but their chief objection 
was, that ministerial instructions were allowed to supersede law 
and the provisions of the charter.* They addressed the coun- 
cil on the subject, and requested that body to join in urging 
a return of the court to Boston. The council sent a message 
to the lieutenant governor, in which they expressed, in strong 
terms, their objection to the measure, and their sense of the 
impropriety of the British ministry giving instructions in a 
case, in which the lieutenant governor could better judge than 
they. The principal motive for ordering the general court to 
be holden out of Boston, was that the citizens of that town 
had great influence with the members ; and it was an influ- 
ence altogether opposed to the arbitrary measures of the Brit- 
ish administration, and its agents in the province. 

During this session, the lieutenant governor informed the 
house that a person had been Ill-treated at Gloucester ; f and 

* The instructions of the British ministers were very alarming to the 
friends of constitutional liberty in Massachusetts. They saw the danger of 
having constitutional law superseded by the bare will of a minister, who 
was liable to be deceived by the statements of interested individuals and 
office holders. It was from this principle, that they so long opposed hold- 
ing the general court out of Boston, and spent many weeks in contending 
with Mr. Hutchinson touching that measure. 

t It was said, the man was subjected to the summary punishment of the 
day, which was tar mid feathers. 



HISTORY OF MASSACHUSETTS. 213 

called their special attention to the case. The man had be- 
come obnoxious to the inhabitants, on account of the severity 
with which he treated some merchants supposed to have se- 
creted imported goods. The house replied, that they consid- 
ered the courts of law able to afford redress to the person who 
had been injured ; and could not admit that the case was one 
requiring any special legislation. They also took occasion to 
refer to the aggravated attack then lately made on the citizens 
of Boston by armed soldiers, which the lieutenant governor 
had not even noticed during the session ; they expressed their 
surprise that he had not spoken of it ; and declared their opin- 
ion, ''that if there were no arbitrary and oppressive laws to be 
enforced, there would be no insults offered to individuals, nor 
any need of a standing army in the province in time of peace." 
They said they abhorred all riots and disorders; but they 
could not answer for the conduct of individuals who were threat- 
ened and oppressed, contrary to the laws of the province. 
During this session, March 1770, Mr. Cushing, the speaker, 
was absent on account of sickness. Mr. Hancock was chosen 
in his place, but the lieutenant governor rejected him. 

In May, the general court was again ordered by the lieuten- 
ant governor, to meet in Cambridge. On the first day, before 
proceeding to any other business, the house protested against 
it, as contrary to long usage, as inconvenient, and as against 
the plain meaning of the charter: and they also declared their 
apprehensions of an utter annihilation of their rights, if the 
instructions of ministers were to have the force of law in all 
cases. A long dispute took place on this subject; in which 
much learning and ability were displayed. The house said 
that the ministry, for unjustifiable purposes, might order 
the lieutenant governor to hold the court in Lincoln or Berk- 
shire county ; but that it would be both arbitrary and oppres- 
sive. They did not deny the prerogative of the crown ; but 
even this they contended was to be exercised " with discre- 
tion, and for good reasons only." But they believed there 
was no good reason for holding the court out of Boston, and 
that none had been given; that the measure, therefore, was 
altogether arbitrary, and they must protest against it. 

This dispute, on the part of the house, was conducted by 
Samuel Adams, John Adams, Joseph Hawley, John Hancock 
and others. Mr. Bowdoin was this year chosen into the council, 
and was not negatived by Mr. Hutchinson, as he had often been 
by Governor Bernard. John Adams was elected a member of 
the house for Boston in the place of Mr. Bowdoin. It would 
have been very unpopular in Hutchinson to have rejected a man 
26 



214 HISTORY OF MASSACHUSETTS. 

of such weight of character as Bowdoin. He might have with- 
held his consent from Hancock or Otis with less danger to his 
popularity. 

The controversy about holding the court out of Boston, was 
continued for nearly two years. The house, and the council 
re peatedly protested against it, not only because it was incon- 
venient, but because it was done by order of the lieutenant 
governor, in conformity to ministerial directions ; and because, 
by submitting to it, the house would have acknowledged the 
force and authority of said instructions, as binding in other cases, 
even in opposition to standing laws and to express provisions 
of the charter. 

Mr. Hutchinson often gave his negative to a part of the 
gentlemen elected to the council ; but still the majority of the 
board were firm friends of civil liberty, and opposed to the ar- 
bitrary orders and measures of the British ministers, which he 
was ready to obey and to enforce. He said, indeed, that it 
was not his intention or wish to make any encroachments on 
the rights of the people ; but at the same time declared, that 
he would give up no part of the prerogative of the crown ; by 
which he meant, no doubt, that he should strictly observe all 
ministerial instructions. And in the long controversy as to 
holding the general assembly out of Boston, he said, " that he 
should consult his majesty's will, touching the time and place of 
holding the court." And yet the will of the king was but 
another name for the caprice of ministers, who, in most cases, 
gave directions as Governor Bernard and Mr. Hutchinson de- 
sired and advised. On the one hand, the lieutenant governor 
was determined to support the dignity and authority of the 
parent government, and to exercise power by virtue of the 
royal prerogative ; on the other, the representatives were re- 
solved to maintain charter privileges, and the rights which 
they possessed, as free-born subjects of Great Britain, and the 
higher claims derived, as they asserted, from the God of nature. 

But for the political disputes between Governor Bernard, 
for several years, and at this time, between Lieutenant Governor 
Hutchinson and the general court, there would have been 
great prosperity and content in the province. There had now 
been many years of peace ; and agriculture and the fisheries 
were in a prosperous state. Commerce occupied the attention 
of a portion of the people ; yet was less profitable than would 
have been, if there had been fewer restrictions, and the duties 
not so high. There was not, indeed, the prosperity and profit 
attending navigation that might have been ; but it was pursued, 
and afforded some profits to adventurers. But the dispute as to 
the civil rights and liberties of the people of the province, was 



HISTORY OF MASSACHUSETTS. 215 

cf so much interest, and gave so universal alarm, that a great 
check was thereby given to the common prosperity and ^happi- 
ness. The people of Massachusetts had always been strongly 
attached both to civil and religious liberty ; and when their 
rights were invaded, every thing else seemed of little concern to 
them. They felt for posterity as well as themselves ; and 
were ready to contend, at all times, that freedom might be the 
inheritance of their children. They may have construed too 
liberally the clauses of their charter, which granted the powers 
of maintaining a separate government in the colony ; but had 
they not so construed and so contended, their posterity would 
have been slaves. If instructions of ministers, and royal letters, 
and the commands of governors, and military and custom-house 
officers, had been submitted to, as was urged on them, they 
would have had no constitution, no rule of equity and justice, 
and no permanent principles of government. 

Mr. Hutchinson was as arbitrary, and as great an advocate 
for ministerial instructions, as his predecessor had been. He 
had imbibed a high notion of the royal prerogative, of the 
directions of ministers, and of the supremacy of parliament. 
It was clearly his great purpose to support and enforce them to 
the fullest extent ; and to leave to the people only what liberty 
and power they might enjoy consistently with them. His 
conduct, as to removing and keeping the general court at Cam- 
bridge, contrary to the repeated wishes of both representatives 
and council, was altogether unjustifiable, and rendered him very 
unpopular. 

In the summer of 1770, the lieutenant governor surrendered 
the fortress on Castle Island into the hands of the commanding 
officer of the British troops. It had before been under com- 
mand and control of the governor of the province. It was, at 
this time, delivered up to the commander of regular troops, 
over whom the civil authority and the chief magistrate had no 
power. The keys of the garrison were given up, in form, by 
the lieutenant governor. He had before, on the tragical affair 
of the 5th of March, disclaimed all authority over the troops 
then in Boston ; and now he gave, out of his own power and 
command, the only fortress in the vicinity of the capital. This 
was just cause of complaint and alarm. The house of repre- 
sentatives remonstrated against it, as a gross breach of trust, 
and a most reprehensible disregard of the rights and the safety 
of the people. But the lieutenant governor pleaded ministerial 
instructions, and orders from General Gage at New York. It 
was in character for Mr. Hutchinson to obey such authority. 
On all occasions, he was entirely subservient to the views of 



216 HISTORY OF MASSACHUSETTS. 

those who directed the affairs of the British government, and 
had places of profit and honor to bestow. 

A committee was appointed by the house of representatives 
in November, 1770, to correspond with the agent in England, 
and with committees in the other colonies, on the state of pub- 
lic affairs. Samuel Adams, John Hancock, and John Adams, 
were on this committee. It does not appear that they imme- 
diately opened a correspondence with the other colonies. The 
objections made to a circular letter from the general court in 
176S, to the other colonies, might have prevented. But they 
wrote to their agents in England, Benjamin Franklin and Ar- 
thur Lee, in very pressing terms. They referred to the late 
measures of administration, which they considered oppressive 
and repugnant to their charter rights: and they said they feared 
the loss of all which was dear in society, unless ministers could 
be induced to change their policy towards the colonies. Frank- 
lin, in reply, said, "that many in England doubted the right 
of parliament to lay taxes on the people in America: but that 
the ministers were not willing to admit they had not the 
right." He was of opinion, they would not insist or practise 
on the principle in future. But in this he was mistaken. They 
adhered to it more rigidly till the revolution took place. He 
admitted, " that Massachusetts had been persecuted and abused 
by individuals both in the province and in England. The 
design," he says u was to render you odious, and then deprive you 
of your rights by violent or arbitrary measures. I hope the colo- 
nies will show, by their resolves, that they know their rights, and 
will not relinquish them. Ministers object to your having 
agents here, except such as your governor approves. But 
such agents would be of no benefit to you ; they would not be 
faithful to your rights and interests." He added — "I have 
given it as my opinion, that if you could be restored to the 
rights you enjoyed before the measures and policy of adminis- 
tration in 1764, you would be satisfied : and I am glad to find 
by your letter, that I have expressed your views, in this re- 
spect." Mr. Lee had less hopes in the lenity and justice of 
the British ministry, at that time. After referring to " the 
firm stand, made by Massachusetts against insidious and op- 
pressive acts of administration, which was applauded by the 
present, and would secure the gratitude and admiration of future 
times," he observed, " he had a lively sense of the peculiar 
oppressions of Massachusetts, and could assure them, that to the 
utmost of his power he would unite with the other agents in 
watching over their rights, in seeking for a redress of their 
grievances, and fixing the great principles of freedom on a per^ 



HISTORY OF MASSACHUSETTS. 217 

manent constitutional basis. But I think America must depend 
on her own exertions and firmness in securing the object of her 
wishes. America must work out her own salvation. From 
the British government, she must expect neither mercy nor 
justice. The present ministry have designedly adopted such a 
system of policy, as to render quiet submission to it perfect 
slavery. They have substituted discretion for law, and set the 
principles of the constitution afloat on the fluctuating sea of 
arbitrary will. Not to oppose this pernicious system would be 
a crime. To oppose it unsuccessfully, would be a misfortune 
only. If lawless power must prevail, still it behoves us to 
protest against it: and bear testimony before God and man, 
that we did not submit, without a struggle, to a humiliating 
state of bondage." 

In one of his letters in May, 1771, Dr. Franklin said, ,: he 
saw in the policy of administration, that the seeds were sowing 
for a total disunion of the two countries. Men are appointed 
to office and power by the ministry, who will be insolent and 
rapacious, and who will become odious to the people ; and be- 
ing odious to the people, they will become malicious ; and will 
misrepresent and calumniate them. They will complain and 
apply to the parent government for more power, and for aid 
from the military. The oppressions on the people will lead to 
riots and violences. Greater force and rigor will be necessary 
to keep the people in subjection. Force will beget force in 
opposition. War will ensue — and the alternative will be ab^ 
solute slavery or independence. I am no prophet: but history 
shows, that by such steps great empires have been divided." 

At a session of the legislature, the winter following, the 
lieutenant governor refused to sign the tax bill, because there 
was a clause in it, which would render the crown officers of the 
customs liable to a tax on their income. Their fees amounted 
to a sum much larger than any office in the province afforded ; 
and it was then the practice to tax those who had large incomes 
and salaries. Mr. Hutchinson objected to those persons being 
taxed, as others were, because he was instructed to do it. Yet 
he acknowledged he was surprised in being directed to object 
to it ; which clearly implied that he thought it improper. 

In April, 1771, Mr. Hutchinson received a commission to 
be governor ; and he continued to be a zealous advocate for 
ministerial measures. So devoted was he to the supremacy of 
parliament, and the instructions of ministers, that he considered 
all opposition, in the general court, to his will and his requests, 
as arising from unreasonable insubordination, or a desire to per- 
plex him personally. In May, and at every session during 



218 HISTORY OF MASSACHUSETTS. 

the year, and most of 1772, the dispute was kept up, as to the 
general court being held out of Boston. The house insisted, 
that it was inconvenient and arbitrary ; and proceeded to the 
public business only from necessity. He asserted his authority 
and right to hold the court, wherever directed by ministers. 
And, when he had no other reason, he informed them, that he 
should not hold the court in Boston, till they would acknow- 
ledge they had been wrong in objecting to the validity of in- 
structions in all cases ; and particularly in ordering the court 
to be holden where he might think fit. 

The temper, as well as the principles, of Governor Hutch- 
inson are fully manifested by his conduct in 1770-1 ; and 
served to confirm the fears which his former political course 
had excited. Yet timid politicians were ready to apologize for 
his conduct; and to charge the patriots who opposed him, with 
making unreasonable complaints, and with a captious spirit. 
They were men, and no doubt some personal feelings were 
at times indulged by them, in their public proceedings. If 
Mr. Hutchinson were fully believed, the opposition of the 
Otises, father and son, of Samuel Adams, Joseph Hawley, and 
some others, might be attributed to disappointment. Their 
contemporaries had a far more honorable opinion of them ; and 
had they not been truly patriotic, they would not have been 
supported as they were by an intelligent people. The spirit 
of patriotism prevailed through the colonies; and the inhabi- 
tants were generally ready to make any sacrifices for the main- 
tenance of their rights and liberties. In Massachusetts they 
gave up the use of tea ; and manufactured cloths in their fami- 
lies to a great extent, instead of importing them from England.* 

At this period, the idea of a political separation and inde- 
pendence was not probably indulged ; certainly not generally 
contemplated. The opposition was to unconstitutional meas- 
ures on the part of the British administration ; to exorbitant 
and novel claims of authority by ministers in England over the 
free citizens in the colonies. New claims certainly were set 
up by administration in England ; and such as the people of 
Massachusetts deemed highly arbitrary. And yet in opposing 
them, it would be strange if they had not urged their own 

* Besides the persons already named, who were among the leaders in 
opposing the arbitrary measures of the British ministry, at this critical peri- 
od, were William Heath, Samuel Danforth, William Phillips, Artemas 
Ward, Jedediah Foster, James Prescott, Samuel Dexter, James Warren, 
Robert T. Paine, Timothy Danielson, Jerathmael Bowers, Benjamin 
Greenleaf, Thomas Gardner, Thomas Saunders, Walter Spooner, Timothy 
Pickering, David Cobb, and others. 



HISTORY OF MASSACHUSETTS. 219 

claims to power to an extreme, which would lead to inde- 
pendence. This, they did not publicly acknowledge, till three 
years later, when they became satisfied, it was the only alter- 
native of avoiding the most degrading submission.* 

It was a just charge repeatedly made against the officers of 
the crown, in Massachusetts, that they misrepresented the 
views and conduct of the whigs ; and that oppressive and ar- 
bitrary measures were adopted in England towards the prov- 
ince, in consequecce of such misstatements. This was the 
origin of sending troops into the province in 1763. The affair 
of 5th of March, 1770, was also grossly misrepresented ; and 
all the blame laid on the people of Boston, as if they had 
formed a previous plan to attack the troops and to drive them 
from the town by force. This statement operated greatly to 
the prejudice of the province in England. Mr. Bovvdoin and 
others of the council gave a very different, and no doubt a 
more correct account of that event. Mr. Hutchinson had also 
joined with Governor Bernard, in 1767 and '68, in represent- 
ing the people of Massachusetts in such a state of insubordi- 
nation, that troops were necessary to be stationed in Boston. 
And in 1770 and '71, his letters described them as wholly op- 
posed to the authority of the king and the parliament, because 
they objected to ministerial instructions having greater or equal 
force with law or plain constitutional principles. 

It was owing to the statements of Mr. Hutchinson and his 
political friends, that the British ministry, at this time, ordered 
a large salary for the governor, the lieutenant governor, and 
other officers of the crown in the province, independent of 
any vote of the house of assembly ; and directed, that the 
heavy duties on imported goods, now rigidly exacted, should 
be applied for that purpose. The house had always made a 
grant for the support of the governor. But, in order to make 
him wholly independent of the house, and a more zealous 
agent of the British government, it was proposed, in 1771, and 
probably at his request, to provide a salary for him from 
England. This was new cause of complaint against Gover- 
nor Hutchinson, by the patriots in Massachusetts, and of a 
dispute between them till he left the province in 1774. It 
seems to have been the object of Mr. Hutchinson to have the 
officers of the crown exercise all power in the province, and 

* Mr. Hutchinson says, " that Samuel Adams declared, in a Boston town- 
meeting, in 17G9, independent we are, and independent we will be." And 
that Joseph Hawley said, in the general court, about the same time, " that 
he knew not how parliament could ever have acquired a right to legislate 
over the colonies." 



220 HISTORY OF MASSACHUSETTS. 

to be wholly distinct and independent of the legislature. And 
such a system would have led directly to arbitrary power and 
to tyranny and oppression in every form. The intelligent 
men of Massachusetts had a just and correct view of the 
tendency of such a system ; and they resolved to resist and 
oppose it, at every hazard. They knew, that petty offi- 
cers, at a distance from their masters, might practise eveiy kind 
of despotism ; and that there was danger of such practices in 
Massachusetts. It has been so in all past times. The Roman 
officers in distant provinces were far more oppressive than those 
were who resided in the capital of the empire. In an exten- 
sive government, whether monarchical or republican, it will 
always be the case : men clothed with a little brief authority 
will oppress the people, and exercise power beyond the de- 
sign of their office. 

Governor Hutchinson took advantage of some misunder- 
standing between Mr. Hancock and Mr. Samuel Adams, to 
court the former, and to attempt gaining him to support the 
administration. But Mr. Hancock declined the proposal. 
Whether he was wavering at all in his political course, does 
not appear ; the reason he offered forgiving up public business 
for the time, was the necessity of attending to his private af- 
fairs. Not long after, at the session in March 1772, Mr. Han- 
cock, being chosen speaker of the house (pro tern.) was approved 
by the governor. At the same time, Mr. Hancock and some 
others proposed to request the governor to remove the court 
to Boston, for the reason that it was inconvenient to hold it in 
any other place. Mr. Adams and Mr. Bowdoin were oppos- 
ed to requesting it for that reason alone ; and insisted, that it 
should be objected to holding it out of Boston merely by virtue 
of ministerial instructions. But Governor Hutchinson did not 
find Mr. Hancock sufficiently pliable. At the election, in May 
1772, when he was chosen counsellor, the governor again 
rejected him. 

W hen the usual proclamation for a public thanksgiving was 
issued in the fall of 1771, the people of Boston prevailed on 
the clergy of the town, and of some places in the country, to 
omit reading it. Their objection to it was, " that it called on 
the people to give thanks for the continuance of their civil and 
religious liberties." They said, " it was not true ; and that it 
would be acknowledging their political rights remained unim- 
paired, which all knew not to be the case. Their rights were 
denied and violated, and it would be mockery to thank heaven 
for their continuance." The people must have been sadly 
oppressed, or given to idle apprehensions, when they resorted 
to language and conduct like this. 




(p p (M@ Q 



HISTORY OF MASSACHUSETTS. 221 

The finances of Massachusetts, at this time, were in a 
favorable condition. The public funds, arising from the sale of 
lands, and debts due the province, were such as to render a 
tax unnecessary. The debt, incurred by the wars of 1755 — 
1762, had been paid. There was no excise, and impost du- 
ties were less onerous than formerly. From some articles the 
duties had been removed ; and on molasses and teas, much 
reduced. These articles were imported into the province, in 
very large quantities. The first was chiefly manulactured 
into rum ; and more tea was used in Massachusetts than in all 
the other colonies. Navigation and the fisheries continued in 
a prosperous state. Still the claims of the British ministry, 
composed of men of arbitrary principles, were such as to 
spread discontent and alarm through the province. There 
were indeed some men of liberal political views in parliament ; 
but they were a small minority. Some changes had been 
made in the administration, but tory principles prevailed ; 
and the policy of ministers was, to keep the colonies in 
entire subordination. And as Massachusetts had been most 
forward and most decided in opposition to the claims of ad- 
ministration, the chief object was to keep the province in 
what was called due subjection. 

There were in the province, at this period, two parties of 
somewhat similar political opinions and views with those in 
England. But however oppressive government may be, it is not 
strictly correct, perhaps, to call its friends and supporters a 
party. With very few exceptions, it was true in Massachu- 
setts, at this period, that the measures of the British govern- 
ment were advocated only by officers of the crown ; by the 
governor, the lieutenant governor, by the officers of the cus- 
toms, and their family connexions. They failed not to repre- 
sent the opposers of administration as ambitious, selfish, and 
factious. All discontents among the people were attributed 
to artful and disappointed individuals ; and the government was 
declared to be just and mild. But the great body of the peo- 
ple knew and saw enough to perceive that their oppressions 
were real, and their rulers were arbitrary, without trusting to 
any exaggerated statements. Principles were advanced and 
measures adopted by the administration which the people be- 
lieved struck at the foundation of civil liberty and threatened 
to destroy every vestige of political freedom. It was not a 
speculative pursuit ; it was not a controversy of words as to an 
abstract theory. A system was avowed and commenced, which 
must soon issue in depriving them of all the attributes of self- 
government, and subjecting them wholly to the caprice and 
27 



222 HISTORY OF MASSACHUSETTS. 

cupidity of individuals, whose wealth and power would be in 
exact proportion to the degradation and sufferings of the people. 

Samuel Adams was so firm and decided, yet so discreet in 
his opposition to the measures of the British ministry, and to 
the conduct of Governor Hutchinson, that it was important to 
the friends of administration to destroy his influence with the 
people. No one had a stronger hold on their confidence. He 
was not to be bribed or flattered. No offers were made to 
him of office or favor. His character was too well known to 
lead to such an effort. But there was an attempt to leave him 
out of the house, by preventing his election from Boston, in 
1772. He did not stand alone, indeed, against the venal sup- 
porters of administration. Many others, as before mentioned, 
were able, decided, and unwavering. Yet he was particularly 
obnoxious to ministerial agents ; and was considered by them 
to be one of their ablest opponents. But his popularity was 
too firmly rooted to be shaken. In 720 votes cast, at the elec- 
tion, he received more than 500. And when it was known, 
that he had the particular censure of the officers of govern- 
ment, the people rallied more strongly in his favor. They 
believed he sought nothing from the government, that he was 
the friend of constitutional law and order ; that he was fixed 
and immovable in purpose, and that his conduct was based on 
religious principles.* 

In June, 1772, the governor directed, or consented, that the 
general court should be held in Boston. It had been convened 
by his orders, in conformity to ministerial instructions, subject 
however to his judgment of the propriety of the measure, for 
more than two years at Cambridge. The house and council, 
by very large majorities, opposed and remonstrated against it, 
as inconvenient and arbitrary. Nor did the governor ever 
give any " good reasons " for it. It was a mere exercise of 
power, without just cause ; and therefore it was censured ; 
and it was considered, as one among many other instances of 
a plan in England to govern the colonies at pleasure, and not 
according to constitutional principles. The friends of the gov- 
ernor disapproved of his conduct in this affair. He pleaded 
his instructions ; and yet these instructions left it to him to 
decide. He was offended that the house complained of his 
conduct as arbitrary ; and he yielded at last, by the strong 
and unanimous advice of the council : but afterwards said, 
with much truth and candor, " that if the desire of the general 

* Mr. Hutchinson says, the attack on Mr Adams failed ; and that it only 
served to unite the opposition more closely in vigorous exertions. 



HISTORY OF MASSACHUSETTS. 223 

court had been immediately complied with, in this respect, 
it would have been with a better grace."* 

JNo sooner was the dispute closed, in which the governor 
and the general court had long been engaged, touching the 
right and propriety of the former to direct the meetings of the 
latter, to be in any place other than Boston, the capital of the 
province, where it had been always held, except for special 
and necessary cause, and where the public records were 
deposited ; when another subject of interest presented, which 
served to keep alive a spirit of opposition and hostility between 
the representative of the king and the representatives of the 
people in the province. This was, whether the governor and 
the judges of the superior court should receive their salaries 
from England, or from the people in the colony, in such man- 
ner and to such amount as their representatives might order. 
It was first determined by ministers to allow only the govern- 
or's salary ; but it was soon after agreed by them to pay the 
judges also from the public treasury in England ; or from the 
proceeds of duties collected in the province, by virtue of the 
laws of parliament, and by custom-house officers of their 
appointment. It was to be done entirely independent of the 
government of the province. And the effect would be to 
'render the governor and judges indifferent to the approbation 
and censures of the representatives of the people. If the gov- 
ernor had been chosen by the people, and the judges appoint- 
ed during good behavior, it would have been proper, that they 
should have fixed and permanent salaries while in office. Bnt 
it was contended, by the house of representatives, that as the 
governor received his appointment from the king, and the 
judges were put into office by his nomination, and removable 
only by the pleasure of ministers in England, the only security 
or inducement for their fidelity to the province, was to depend 
on the general court for their support ; and such had been the 
immemorial usage. The effect of this new measure could not 
fail to be, a less regard for the favor and good will of the 
province, in the judges and governor, and their greater sub- 
serviency to the views of administration in Englaud. No one 
denied that such would probably be the effect : nor was it 
doubted, that the suggestion, for such a measure, originated 
with the officers of the crown in the province. 

The house desired to know of the governor, if such was the 
order of the ministry, and asked for a copy of the instructions 
on the subject ; as he had already declined signing a bill, 

* These are his own words, Vol. III. page 357. 



224 HISTORY OF MASSACHUSETTS. 

providing for these salaries, in the usual form. He replied, 
that it was his majesty's will he should receive his support in 
future from the treasury of England, and not depend for it on 
the general assembly of the province. Ihey objected to this 
mode of his receiving a support, as contrary to the spirit of the 
charter, to invariable usage, and as of dangerous tendency. 
He replied, that it was the pleasure of the king, his master, as 
signified by his ministers, he should receive his salary immedi- 
ately from the crown, and not depend on the general court for 
it ; and that the king had a perfect right to decide in what 
way he and his other servants should be supported. He went 
into a long argument to show that the charter was in no sense 
or measure a contract between the king and the province, so 
that they could claim any thing of right ; but that all was a 
grant of mere grace and favor from the royal goodness ; and 
subject therefore to his pleasure. It was sufficient for him, 
that the king had now ordered that he and the judges 
should receive their support ; and therefore he could approve 
of no bill granting him a salary by the general court, 
without the royal approbation and consent. 

This plan gave uneasiness to the people, who considered it as 
a part of a system, gradually and insidiously to be introduced, 
to render all the officers of the crown, including the judges of* 
the courts, who had all power in their hands, and could prevent 
any laws and decisions they might choose, independent of the 
people, separating their interest, which had been heretofore 
identified, and could not be disunited without danger to civil 
liberty ; the very fundamental and essential principle of repub- 
lican freedom, being a union and identity of interests of the 
people and their public agents. The several messages to the 
governor on this subject from the house, were prepared by Ma- 
jor Hawley, Samuel Adams, J.Hancock, W. Heath, and J.War- 
ren ; and J. Adams, though not of the house, at the time, en- 
gaged in the controversy, and wrote in the public papers with 
great learning and ability. He showed, that the judges did 
not in fact hold their offices during good behavior ; that they 
ought to hold them by that tenure, being appointed by virtue 
of a law of the province, agreeably to the charter ; yet, that as 
they were not removable by any authority in the province, but 
liable at any time to be removed by the will and pleasure of 
the king, they would probably be retained in office so long as 
their conduct should be agreeable to the British government ; 
and if they received their support from the crown, they might 
become unduly subservient to the views of the ministry in 
England, and destitute of a due respect for the laws of the 



HISTORY OF MASSACHUSETTS. 225 

province or the rights of the people. These papers were as 
popular as they were able ; and, with other writings, which 
appeared within two years after, under the signature of No- 
vanglus, and the essays on canon and feudal law, justly gave 
the author great celebrity. The governor viewed them with 
a different spirit. The next election, when Mr. Adams was 
returned to the council by the house, he was rejected, with 
some others, who were among the most respectable characters 
in the province. 

At the session of the general court in June, 1772, when the 
governor declined receiving his salary from the province, and 
attempted to justify receiving it from the British government, 
he requested that the province-house, so called, in Boston, 
which had often been the residence of the chief magistrate, 
might be repaired, and made fit for the reception of his family. 
The court replied, that the building was intended for the gov- 
ernor of the province who had heretofore received his support 
by order of the general court; but as he chose to be supported 
by the British government, and declined a salary offered by the 
province, they did not feel obliged to be at any expense for his 
accommodation. ' 

The subject of the governor's and the judges' salary was= 
taken up by the citizens of Boston in the fall of 1772; and 
they held a town meeting, to consider what measures were 
proper to be adopted. They sent a committee to the gover- 
nor to learn what had been done by the ministry in England, 
particularly as to the salaries of the judges. He gave them no 
answer. They desired the general court might be called 
together ; but he said he should not do it. A committee was 
then appointed to report on " the rights of the province, as men,- 
as christians, and as subjects of the British empire ;" and also to 
correspond with other towns in the province. At a future 
meeting, a report was made, and accepted with perfect unanim- 
ty : and ordered to be circulated in all parts of the country. 
James Otis and Samuel Adams were of the committee* chosen 
to make the report ; and it went fully into the inquiry of the 
authority of the British parliament over the people in the colo- 



* Mr. Hutchinson says, <: the materials of the report were prepared for 
them in England, by their great director, whose advice they followed, and 
in whose wisdom they had implicit faith." Who he intended does not 
appear ; but it was, probably, Dr. Franklin, who was then their agent 
in England, and with whom they corresponded. But such men as Otis and 
Adams needed not and would not apply to any one for materials to prepare 
a report on public and political affairs. 



226 HISTORY OF MASSACHUSETTS. 

nies, and of their civil rights, which had been long agitated 
with so much zeal and ability. 

In this report, they referred to their natural and unalienable 
ri°hts, as men, for which they were indebted to none but their 
Creator, and with which no government or prince might inter- 
fere, except by consent or contract. As British subjects, or as 
Englishmen, they claimed equal rights with their brethren in 
England, who were represented in the British parliament, and 
contended for a legislative assembly in the province, to make 
laws and lay taxes. And they added, that the christian reli- 
gion gave its sanction to their views of civil liberty, and justi- 
fied the authority which their fathers had always exercised. 
They then referred to their grievances, and to the various in- 
stances in which their rights had been infringed. In their cir- 
cular letters to the other towns in the province, they expressed 
their fears " that a system of despotism and oppression was 
preparing, which, unless soon and vigorously opposed, would 
seal their political degradation and ruin forever." "They 
should deeply regret," they said, " if there was not a spirit 
still existing, such as animated their ancestors, which induced 
them, in face of every difficulty and danger, to forsake their 
native country, and make a settlement on bare creation. They 
were not afraid of poverty, but they disdained slavery ." Most 
towns in the province replied to this address, and manifested an 
ardent attachment to civil liberty, and a correct knowledge of 
their rights. Efforts were made by the friends of the governor 
to prevent the meeting of the towns on this occasion. They 
wished to put down the spirit which was awakened, and to be 
able to say, that only a fevy approved of the measure. But 
the attempt was in vain. 

The great question at issue between the agents and officers 
of the crown, and the people in the colonies, was never more 
deeply interesting than at this period. On the doctrines ad- 
vanced, of the authority of the British parliament in America, 
and of the right of ministers to issue instructions which had the 
force of law, encroachments had been making on the rights and 
liberties of the province, and it was seen to be necessary to 
make a stand against them. They were not prepared for, nor 
did many then meditate, independence ; but one spirit animated 
them to oppose arbitrary power, and to maintain their rights. 
To do this in a constitutional way, by remonstrances and ap- 
peals, and petitions, was the universal purpose. But these 
had produced no good effects, and had not prevented the ad- 
vance of claims, which they deemed intolerable. To resort to 



HISTORY OF MASSACHUSETTS. 227 

arms, was not their plan — and to act the part of rebels, was 
most abhorrent to their principles and habits. They had acted 
under a high sense of their duty as christians. They would 
not employ unlawful means to accomplish even a good end. 
They would act under the shield of the British constitution, and 
of their charter; and appeal to them for a sanction of all their 
measures. 



CHAPTER XV 



Governor Hutchinson's opinion and speech on the supremacy of Parlia- 
ment — Opinion of General Court, and dispute with governor on the 
subject — Governor's letters published, and added to his unpopularity — 
He is called to England by the King — Correspondence of General Court 
with Virginia — Tea imported and destroyed — Dispute about salaries of 
the Judges — Declaration of Ministers and others in England — The 
Charter altered, and the rights of the province infringed — Boston Fort 
Bill — Jurors refuse to take the oath and to act — Governor Hutchinson sails 
for England — General Gage succeeds — Negatives several Counsellors 
— Adjourns the General Court to Salem — Delegates chosen for a Con- 
tinental Congress — Governor Gage dissolves the Court — Military Com- 
panies. 

While the people of Massachusetts were the more confirm- 
ed in their opinion of their rights, and were resolved to oppose 
what they considered arbitrary power, the governor was equally 
determined to support the supreme authority of the parent 
state over the province, and to insist on subjection to all the 
measures of the British ministry. He had already contended 
for the absolute supremacy of parliament, and the prerogatives 
of the crown, with great ability and firmness. And he seems 
to have resolved to make one effort more to convince the rep- 
resentatives that they had taken untenable ground, and must 
yield the contest to him, or hazard the chance of an appeal to 
arms. In January, 1773, at the opening of the session, when 
there had been an unusually long period wthout a meeting of 
the general court, he delivered an elaborate speech, on the 
absolute supremacy of parliament, and on the duty of acquies- 
cence and submission in the colonies. His object was to show, 
that they ought to obey, without hesitation or inquiry, whatever 
laws or directions were given in England, or that their opposi- 
tion must be considered rebellion, and treated accordingly. He 
had evidently bestowed great labor on the speech. It was 
plausible in its statement, and gave proof of much research. 
To this important communication, both the council and the 



HISTORY OF MASSACHUSETTS. 229 

house replied ; but not till after w an unusual time ; the answer 
of the council being nineteen days after, and that of the house 
twenty.* The deep interest of the question at issue, and the 
responsibility they felt as to consequences, probably induced 
them not to reply but with great consideration and caution. 
There was, in truth, no new argument adduced by the gover- 
nor, for the supremacy of parliament, in the sense for which he 
contended ; nor in the reply of the council or house, for an 
exemption from such authority. But the governor attempted 
to reduce the general court to the dilemma of admitting the 
supreme authority of parliament over the colonies, in all cases, 
and to any extent ; or of intending and aiming at an entire 
independence of the British government. The reply was, 
" that if such were the alternative, then the colonists were mere 
slaves of the ministry and of parliament, or were totally inde- 
pendent ; and that they did not contend for, nor should admit 
either. Notwithstanding the terrors and evils your excellency 
has pictured to us, as the effects of independence," they said, 
" there is more reason to dread the consequences of absolute, 
uncontrolled power, whether of a monarch or a nation, than 
those of total independence. If your excellency expects to have 
a line drawn by us, between the supreme authority of parlia- 
ment and the total independence of the colonies, we should say, 
it would be an arduous undertaking, and of the highest import- 
ance to all the colonies ; and therefore if we could conceive of 
such a line, we should be unwilling to attempt to draw it, with- 
out their consent in a congress. We cannot but express our 
concern, that your excellency has reduced us to the unhappy 
alternative either of acquiescing in your sentiments, or of freely 
discussing this subject. With all the deference due to parlia- 
ment, we are humbly of opinion, that, as all human authority 
is, and ought to be, limited, it cannot constitutionally extend its 
power to the levying of taxes in any form, on the people of 
this province." 

The governor rejoined, by a long and labored speech, and 
the council and house again replied to him. Their replies were 
separate, but agreed in substance and in principle ; and both 

* Mr. Hutchinson was, undoubtedly, mistaken here (as before, in 
attributing the materials of " The Rights of the Colonies " to some one in 
England) when he gives the credit of this answer of the house to a gentle- 
man of Maryland, to whom, he says, they applied for assistance, " as they 
were unable to refute his arguments." It is enough, in Massachusetts, to 
state who were the committee to answer his speech, viz : Samuel Adams, 
John Hancock, Joseph Hawley, Jedediah Foster, and William Phillips; 
and the committee of the council were Mr. Bowdoin, Harrison Gray, J. 
Otis, senior, and Stephen Hall. 
28 



230 HISTORY OF MASSACHUSETTS. 

contended, that, apart from natural rights, their charter declared 
" they were to he governed by laws made by themselves, and 
by officers chosen by themselves ; that to this privilege and 
right they were also entitled as Englishmen ; and that it was 
therefore an unjust usurpation in the British government to 
legislate for them, to impose taxes on them, and appoint offi- 
cers to administer and enforce such laws within the province." 
They concluded by saying, " if the doctrine we oppose be 
true, then are the lands, property, liberties, and lives of the 
people in this province subject to the crown and a legislative 
body, in which they are not represented and have no voice. 
We have, indeed, a constitution, or charter, but your excel- 
lency has explained it to be a mere phantom, to be limited, 
controlled, superseded, and nullified, at the will of another. 
And is this the constitution which so charmed our ancestors, 
that they kept a day of thanksgiving for it? Were they men 
of so little discernment, such children in understanding, as to 
please themselves with the imagination, that they were blest 
with the same rights and liberties which their brethren in Eng- 
land enjoyed; when, at the same time, they had consented to 
be ruled by a legislature, a thousand leagues distant, which 
could not be supposed to be acquainted with their circumstan- 
ces and wants, and in which they were not in any sense repre- 
sented?" * 

The views of the governor, respecting the legislative author- 
ity of parliament within the colonies, which went to the entire 
subjection of the people to a government in which they were 
not represented, served to render him very obnoxious to the 
friends of civil liberty. He had volunteered his services as an 
advocate of the claims of the British administration to interfere 
and direct in all the concerns of the province, so as to leave 
no power whatever to the people, which might not be controlled 
and nullified. At the session in June, new matter was fur- 
nished, to place him in a most unfavorable attitude. Several 
of his letters were produced, written in 1768, and subsequently, 
to some friends of government in England, in which he had 
represented the people in Massachusetts to be in such a state 
of opposition to the British administration, and the executive so 

* Mr. Hutchinson says, " the style of the council and house, in thi» 
controversy, was correct, the reasoning plausible, and the facts so repre> 
sented as to give a favorable appearance to a system which was delusive.' 
He says also, "that some friends of the government in England doubtec 
the policy of his introducing the subject, without having directions to d< 
it." It was believed that the ministry did not approve of this conduct o! 
the governor. For a full view of this most interesting dispute, see Massa 
chusetts State Papers. 



HISTOKY OF MASSACHUSETTS. 231 

feeble, that a military force would be necessary to maintain the 
laws ; that the .counsellors ought to be appointed by the king ; 
and that a revenue might well be raised in the province from 
duties on trade and commerce. The publication of these let- 
ters caused a great excitement in the minds of the people. The 
governor was exceedingly sensitive on the occasion : and en- 
deavored to shift the disgrace from himself on those who had 
published his private letters. These letters not only disclosed 
his subserviency to the British administration ; but his duplicity, 
and his low estimation of the rights and liberties of the people. 
In these letters, and in his speeches in January preceding, 
mentioned above, Mr. Hutchinson avowed opinious quite at 
variance with declarations made by him in 1764, when the 
dispute began, touching the right of parliament to impose taxes 
and legislate for the colonies. Though even then preferring 
rather to speak of the privilege than the right of laying taxes 
by the colonial assemblies, to the exclusion of the legislation of 
the British parliament, yet he said " the people of Massachu- 
setts had always exercised the power, and thought they only 
had the right to tax themselves." * 

The political principles and conduct of Governor Hutchin- 
son were so fully understood, and so generally reprobated, at 
this time, that a resolution was formed by the general court to 
have him removed from his high station in the province. It 
was true, indeed, that his sentiments were agreeable to the 
British ministry, and his conduct in the chair, in most cases 
approved, though some members of the government in Eng- 
land more than intimated, that he had pressed the doctrine of 
the legislative authority of parliament in the colonies farther 
than was prudent and expedient. And some of the ministry 
were inclined to adopt more mild and healing measures. The 
petition from Massachusetts for the removal of Governor Hutch- 
inson, was not sustained by sufficient proofs or reasons, and 
was therefore dismissed. Soon after, however, the king was 
pleased to direct him to repair to England ; but it does not 
appear whether* to learn from him more fully the state of the 
province, or to remove him from a station where he was un- 
popular. The governor probably requested leave to go to 
England. In a letter to the British ministry from the general 
court, they refer to the dispute with the governor, as to the 

* The council also passed resolutions condemning the letters of Mr. 
Hutchinson, as highly improper and injurious to the province, as well as 
inconsistent with his character and station. The committee who prepared 
the resolutions of the council were Mr. Bowdoin, Mr. Sever, Professor 
Winthrop, and Mr. Dexter. 



232 HISTORY OF MASSACHUSETTS. 

rights of the legislature in the province, and the authority of 
parliament over it. They were apprehensive the governor 
would give an unfavorable statement of their views on the sub- 
ject.* They said, " they regretted that the subject had been 
agitated ; but that the governor forced it on them, and they 
could not acquiesce in his opinions." They declared however, 
that they aimed not at independence. 

At the beginning of the session, in May , (1773,) f the 
house of representatives chose a large committee to correspond 
with committees of the other colonies, on political subjects, 
which had then some time so deeply engaged the public mind. 
In 1768, a circular letter was addressed to the other colonies, 
which led to no very important results, except that it might 
have awakened or strengthened a common feeling in the cause 
of liberty, which was dear to them all. In 1770, a committee 
had been appointed by the house of assembly to correspond 
with other colonial assemblies ; but no important measure of 
united effort followed in opposition to British policy. At this 
time, a letter had been received from the house of assembly of 
Virginia, proposing a correspondence between the two colo- 
nies, which were the most populous in British America. The 
vote in the house of Massachusetts was to open a correspon- 
dence with all the colonies. And this measure, as was in- 
tended, led to a good understanding, and to a concert of action, 
between different parts of the country, and hastened that highly 
important event, a congress of delegates from all the colo- 
nies, which was held at Philadelphia, in September, 1774. 
The tendency of this correspondence was soon perceived by 
the British ministry ; and Governor Hutchinson was instructed 
to signify to the general court that they had incurred his 
majesty's displeasure by such a measure. 

The spirit which animated the representatives of Massachu- 
setts, at this period, maybe seen in their reply to the governor, 
who, in his displeasure at their publishing his letters and 
passing resolves on the evils they might produce in England, 
admonished them, (June 1773) that they had been a long 

* The citizens of Boston, in May, 1773, voted, that if the governor should 
invite the commissioners of the revenue to dine with him at Faneuil Hall, 
they would not permit him to use it. The governor resented this conduct, 
and provided another place for the public dinner, and invited the commis- 
sioners. 

t In May, 177.T, at the election of members of the council, Governor 
Hutchinson gave his negative to three : John Adams, William Phillips, and 
Jerathmeel Bowers ; but consented to John Hancock, John Winthrop, and 
three others, " who, (he said) were of the same sentiments with the others ; 
yet had they been rejected also, there would not have been a quorum." 




cJoJw/ Qfmku 



m. 



HISTORY OF MASSACHUSETTS. 233 

time together and had attended to little public business which 
was necessary to be done. They said, " that if they had 
not passed and published the resolves on his letters, they should 
hav r e betrayed a total want of regard for the honor and reputa- 
tion of the province and the true interests of their constituents. 
If it were considered that those letters contained matters of an 
extraordinary and alarming nature, we should not be remind- 
ed, that we are in the fourth week of the session, and that 
little of the common business had been accomplished. * We 
are answerable to none but our constituents, for the time we 
spend in attending to the public business, which they have 
chosen us to transact : and we are fully of the opinion, that 
we are the only judges of the time which is proper or neces- 
sary for us to take in deliberating and determining on all 
matters which may justly come under our consideration." 

In the fall of 1773, large quantities of tea were imported 
into Boston from England, by merchants engaged in the East 
India trade, but by consent and approbation of the ministry, 
who were desirous, perhaps, of putting the temper of the peo- 
ple to another trial. The colonies, especially Massachusetts, 
had afforded a great market for the sale of this article. A 
drawback was allowed in England on all which was exported, 
which was another inducement to send it to America. The 
people of Boston had early notice of the intended shipment: 
and a meeting was held, when the agreement not to purchase 
or use tea was revived, and it was further determined that it 
should not be landed. The consignees were desired not to 
receive it, nor allow it to be taken from the ships. They de- 
clined making any such promise. A second meeting was 
called, when it was voted, "that the duty on tea was a tax on 
the people, imposed without their consent; and that sending 
the article into the province, in this manner, was an attempt 



* June, 1773, when the letters were written by the house of Massachu- 
setts to the other colonies, advising to united efforts, Governor Hutchinson 
said, " they were highly improper, and a glaring attempt to alter the con- 
stitution of the colonies. * * * that it was an act which should have 
been considered an avowal of independence, and could be justified only on 
the principle of independence." He expressed the opinion, that govern- 
ment in England ought then to have taken prompt and energetic measures. 
When the governor expressed his disapprobation of these letters, the house 
said, " that as he corresponded with the ministry in England, for the pur- 
pose of concert and strength to control and oppsess the people, they consid- 
ered it proper to consult with the friends of liberty through the colonies." 
The governor was irritated, and said, " this was low and vulgar abuse, 
and far beneath the dignity of the house." Soon after, when the house 
complained, because he would not act on their impeachment of Judge Oliver, 
nor permit the subject to be laid before the council, he charged them " w T ith 
exhibiting strong marks of envy, malignity, and a revengeful spirit.'" 



234 HISTORY OF MASSACHUSETTS. 

to enforce the plan of the ministry to raise a revenue; and was, 
therefore, a direct attack on the liberties of the people ; and 
that whoever should receive or vend the tea, would prove him- 
self an enemy to the country." A committee of the town 
was again directed to wait on the consignees, with a request 
that they would have no concern with the cargoes when they 
arrived. They returned an evasive answer, which the town 
declared to be unsatisfactory and affrontive. 

When the tea arrived, another meeting of the people was 
held in Boston, attended also by the inhabitants of other towns, 
some of them at the distance of twenty miles. There was an 
unusual excitement. It was said, ''that the hour of ruin, or 
of manly opposition had come." The word went forth, "for 
all who were friends of the country to make a united resistance 
to this last and worst measure of administration." At this 
very populous meeting, it was voted, " to use all lawful efforts 
to prevent the landing of the tea, and to have it returned to 
England." The consignees became alarmed, and promised to 
advise, that it should be sent back. But this was not suffi- 
ciently decisive to satisfy the people. And the meeting was 
adjourned for several hours, to give the owners or the factor 
time to decide. These protested against the proceedings of the 
town : but the town forbid the landing, and even the entering 
of the tea at the custom-house, at the peril of the owners. 
They, however, ordered a watch of twenty-five men, for the 
security of the vessels and cargoes; for they probably feared 
that there would be a mob, and wished to prevent it. 

In the meantime, application was made to the governor to 
order clearances for the vessels, that they. might return; but 
he declined, saying that it belonged to the officers of the cus- 
toms to decide in such cases. He had already called on the 
council for advice, as to a guard to prevent riots, and to protect 
the merchants in landing the teas — who had refused to inter- 
fere in the affair, as the civil magistrate was competent to 
order it. 

On the following day, the citizens again assembled, to learn 
the decision of the factors of the vessels and cargoes, whether 
they would order them back forthwith, or not, when the sheriff 
appeared with a proclamation from the governor, which de- 
clared the meeting unlawful, and ordered the people to dis- 
perse. But a vote passed unanimously, that they would not 
separate, as the meeting was regular, and their object import- 
ant. Some of the agents of the English merchants who had 
sent over the tea, sent word to the meeting, that they must 
decline giving orders for the return of the ships with their 



HISTORY OF MASSACHUSETTS. 235 

cargoes; but that they would consent that it should be stored 
till they could hear from England. 

The people continued in a highly excited state, the conduct 
of the factors and consignees having given them no satisfaction. 
They again resolved, that they would prevent the landing of 
the tea, at every hazard. And they requested the assistance 
of their fellow-citizens from the country towns, on due notice 
to be given, if the exigency should require it. A portion of 
the people were fully sensible of the effect of any violent pro- 
ceedings. They could not but expect the power of England 
would be exerted to reduce the province to submission. And 
they warned the more zealous and ardent, to reflect on the 
consequences of the measures they might pursue, and to do 
nothing which could not be justified, or which they should be 
ashamed or afraid to defend, at a future day.* 

When it became evident that the owners and factors of the 
cargoes would not comply with the requests of the people, nor 
the governor, nor the officers of the customs interfere as in- 
treated, a number of men in disguise, as the meeting broke up 
at the approach of night, proceeded to the vessels, and soon 
threw all the tea into the dock. No damage was done or 
offered to any other property ; and but few of the inhabitants 
were -apprised of what was intended and executed, except those 
personally engaged in the enterprise, who were about fifty. 
The people through the province approved of the spirited con- 
duct of the Bostonians, and declared their readiness to support 
them, in opposition to all unjust and oppressive measures of 
the British ministry. And the opinion was increasing, " that 
if they would maintain their rights and liberties, they must 
fight for them." f 

During the winter session of 1774, the general court w 7 as 
chiefly engaged on the subject of the judges' salaries. Pro- 
vision was made in England for their support, for the purpose 
of rendering them wholly independent of the colonial govern- 
ment. This was a matter of great complaint, as it was be- 
lieved they would become too much under the influence of the 
British ministry. The house requested the judges to decline 
receiving their salary from England. Three of them declared 
their readiness to receive it from the province, as they had 
done. But Mr. Oliver, the chief justice, said "he dare not 
decline receiving it from England, without leave first obtained 

* Josiah Quincy, Jr. addressed the people, on this occasion, and in this 
strain, with great effect. 

t This was the public declaration of Joseph Hawley, of Northampton, 
and one of the leading members of the house of assembly. 



236 HISTORY OF MASSACHUSETTS. 

of the king." It was then voted, "that, by this conduct, he 
had become obnoxious to the good people of the province, and 
had rendered himself unfit to hold the office of a justice of the 
court." The house then remonstrated to the governor and 
council, against the conduct of the chief justice, and prayed 
for his removal from office. The governor refused to consult 
the council on the subject, on the plea, that it belonged to the 
king alone to remove him. The house then addressed the 
council on the subject, and the council requested the governor 
to have it considered by the board. But the governor took 
no notice of the application. The house, therefore, resolved, 
by a vote ninety-six to nine, to impeach the chief justice of 
high crimes and misdemeanors; and both the house and coun- 
cil passed a resolution for the adjournment of the court to a 
distant day. The governor still declined acting on the subject; 
and the council could not with propriety proceed without him, 
while he was in the province. 

It was reported that the British ministry proposed to appoint 
Mr. Pownall again to the chair, in Massachusetts, who would 
probably conciliate the people; but a majority of administration 
were in favor of decided measures, and of compelling the pro- 
vince to submission. The Premier (Lord North) declared 
"that he would never listen to petitions or complaints from the 
colonies, till they were at his feet." But several members of 
parliament declared the conduct of the ministers both arbitrary 
and impolitic. Mr. Burke said, " it was only unjust and op- 
pressive laws, that the people in Massachusetts had opposed; 
and that great constitutional principles were not to be settled 
by the sword." Mr. Pownall predicted, "that the people 
would resist, and were prepared to resist, all attempts to coerce 
them; and if there should be a rebellion in Massachusetts, the 
question would be, who caused it? " * Mr. Pitt, and Mr. 
Barre, also advocated the cause of the colonies, and insisted 
that it was owing to unconstitutional measures of the ministry, 
that any disorders had taken place. 

In June, 1774, Mr. Hutchinson left the province and sailed 
for England.f General Gage, who had been several years 

* Dr. Franklin had said before, when questioned by the ministry, " that 
there was no plan of rebellion in the colonies, but if troops were stationed 
there, they would soon produce one." 

t The following remarks, respecting the character of Mr. Hutchinson, 
in the Boston Gazette, were attributed, by Dr. Eliot, to Hon. John Ad- 
ams. " It is true, that Mr. Hutchinson was amiable, and exemplary in 
some respects, and very unamiable in others ; o'therwise he could not have 
retained so much popularity, nor made so pernicious a use of it. In several 
important offices, his conduct was upright and faithful, where his political 



HISTORY OF MASSACHUSETTS. 237 

commander-in-chief of the British troops in America, was ap- 
pointed his successor, as governor of Massachusetts, and arrived 
in Boston a short time before the departure of Mr. Hutchin- 
son. It was a critical period ; and it required much political 
experience, and great moderation and prudence, as well as 
decision, in one placed at the head of the province. The 
people had been much oppressed and much abused by men 
who sought less the public welfare than their own personal 
honor or emolument; or who, at least, sought rather to please 
their superiors than to maintain the liberty and peace of their 
fellow-citizens. It may be doubted, indeed, whether a 
character very mild and 'conciliating, who might have been 
chief magistrate, at that time of jealousy and discontent, could 
have quieted the people and pleased the British ministry. 
General Gage certainly was not the character for such a pur- 
pose. Nor is it, on the other hand, any more than a matter 
of conjecture, that he was appointed, because he was a military 
man, and would not hesitate to enforce his orders by the aid 
of the sword. 

The conduct of Governor Bernard and Governor Hutchin- 
son, indicated their belief, that the legislature of Massachusetts 
must act at all times in entire subserviency to the administra- 
tion in England ; that the general assembly of the province 
could only legislate so far as permitted, or not prohibited by 
the parent government ; and that whenever the latter, or its 
agents, disapproved, or interposed, or otherwise directed, the 
general court must yield and obey. Hence their complaints of 
the obstinacy, or opposition and insubordination of the represen- 
tatives of Massachusetts. Hence their representations, of the 
want of due submission in the general assembly, and in the 
council ; and of the weakness of the officers of the crown. 
They therefore had advised to sending regular troops into the 
province, to awe the people, and to nerve the arm of govern- 

object was not affected ; but he bent every thing to that. Had he contin- 
ued steadfast to those principles, which he early professed, and which had 
secured him the confidence of the people, he would have lived and died 
respected and beloved, and done honor to his native country. But, by 
renouncing those principles, which had made him and his ancestors respec- 
table, his character is now considered by all Americans, and the best men 
in England, as one who in all his actions, aimed at making himself great, 
at the expense of the liberties of his country. He was so open to flattery, 
that they were sure of his friendship who employed it. And he was very 
credulous in every thing which favored his own plans, and very incredu- 
lous of every thing which made against him. His abilities and learning 
were above the ordinary standard ; but were greatly exaggerated by hia 
interested favorites. He was industrious, and had acquired much knowl- 
edge of history and politics ; but he did not fully understand or appreciate 
the character of the people of New England." 

29 



238 HISTORY OF MASSACHUSETTS. 

ment.* They had persuaded ministers to make the officers of 
the crown wholly independent of the province. And at their 
instance, it was determined to have a council, one branch of 
the legislature and the advisers of the governor, appointed by 
the king, instead of being elected by the representatives of the 
people, as they had hitherto been. The council were not 
sufficiently pliable to satisfy Governor Hutchinson or Governor 
Bernard. It could not be truly said, of such men as Bowdoin, 
the Adamses, Dexter, Hancock, Winthrop, Prescott, Sever, 
Phillips, and Ward, that they were factious ; but they 
were firm advocates for the liberties .of the people, and there- 
fore not the men to give satisfaction to the agents of the Brit- 
ish ministry, who at that period were actuated by high tory 
principles, very little less unfavorable to political freedom than 
those which governed the administration of the Stuarts. 

But the principles avowed by the more discreet of the oppo- 
sition in Massachusetts, and the disposition manifested by the 
common people to proceed to violence against the measures of 
the ministry, (as in the destruction of the tea,) led to more 
decided conduct in the British government. In addition to the 
appointment of counsellors by the king, the charter was so far 
changed, as that the governor was to have the sole power of 
appointing civil and judicial officers, and that jurors should be 
returned by the sheriffs, instead of being drawn by lot, by the 
selectmen. An act of parliament was also passed, in March, 
1774, declaring Boston in a state of blockade after the 1st of 
June, and shutting the port against all commerce and naviga- 
tion. These measures were highly obnoxious to the people, 
both in principle and effect. The intelligence of these acts of 
the British government was received in May, and before the 
sitting of the general court. The citizens of Boston assembled 
on the occasion ; and it was voted to recommend to the other 
colonies to refuse all commercial intercourse with England. A 
messenger was sent to Philadelphia, to communicate the vote, 
who was received with great enthusiasm , and thence another 
was sent to Maryland and Virginia, to give information of the 
plan proposed in Boston. The inhabitants of Marblehead, 
Salem, and Newburyport passed resolutions for the accommo- 
dation and relief of their fellow-citizens in the capital. Ano- 
ther meeting was held in Boston, in June, when a vote was 

* Governor Hutchinson, in 1773, " agreed on a new organization and 
settlement of the militia, as desired by the general court ; but was careful to 
give commissions to such persons only as were well affected to government." 
Governor Bernard had been requested by the house, in 1769, to have a more 
efficient organization of the militia, but he paid no attention to the request. 



HISTORY OF MASSACHUSETTS. 239 

passed, that an agreement, called " the solemn league and 
covenant," should be offered to the people through the pro- 
vince, (and a copy forwarded to the other colonies) by which 
they pledged themselves to use no goods imported from Great 
Britain, so long as the act continued for blockading the port of 
Boston. More was expected from this measure than the event 
justified, though it had some effect on the merchants in Eng- 
land, who shipped goods for the colonies ; and Governor Gage 
considered it an act of such direct opposition to the policy of 
ministers, if not of immediate injury to the British merchants, that 
he issued a proclamation, forbidding the people to subscribe 
the agreement, and threatening them with transportation to 
England, to be tried for treason. But such threats were lost 
upon the people of Massachusetts. They felt themselves op- 
pressed ; they considered the measures of the parent govern- 
ment most arbitrary ; they were satisfied that their rights and lib- 
erties were not only in danger, but were actually violated ; and 
with such a feeling and such a conviction, it was not in their 
character to hesitate, or to stop to count the cost of opposition. 
One manifestation of their feelings, at this period, was a refusal 
of the grand jurors in Middlesex and Worcester, where the 
superior courts were held in April, to take the usual oaths, or 
to proceed to any business, until they were assured Chief Jus- 
tice Oliver would not attend. He had consented to receive his 
salary from England, and had been impeached by the repre- 
sentatives, though Governor Hutchinson had not allowed a 
trial ; and they declared that he had forfeited his seat on the 
bench. 

At this time, some zealous individuals in Massachusetts and 
the other colonies, made an arrangement for stated and fre- 
quent communications between different parts of the country. 
This was attended with great advantage, in a political view; 
for concert of action and of opinion was seen to be essential ; 
and it was important to give and receive the earliest intelli- 
gence, as to the measures adopted by every colony, respectively, 
at this alarming and critical period. There had been a post- 
office establishment in the British colonies before this time, and 
Dr. Franklin, was deputy post-master-general. But he was 
removed from the office, early in 1774, on account of his 
political principles, and his open and warm support of the con- 
duct of Massachusetts, whose agent he then was in England. 

On the election of counsellors, at the beginning of the ses- 
sion, in May, 1774, Governor Gage rejected thirteen of those 
who received the votes of the general court, and who enjoyed 
the highest confidence of the people, as well for discretion as 



240 HISTORY OF MASSACHUSETTS. 

firmness.* This was a larger number than Bernard or Hutch- 
inson had ever negatived at any one time. And this measure, 
which discovered a disposition to offend rather than to con- 
ciliate, was followed by others, manifesting a similar temper. 
In his speech, at the opening of the session, he informed the 
court, that he should adjourn them to Salem, on the first of 
June: and when the committee of the council were reading 
their answer to his speech, he abruptly forbid their proceeding, 
because there was an intimation in it, that his two immediate 
predecessors had been inimical to the liberties of the province. 
He said, "he considered such a suggestion an insult to the king 
and an affront to himself." The removal of the court from 
Boston, he well knew would be exceedingly disagreeable to 
the members of it, and to the people at large ; for he was not 
ignorant of the great discontents, and the objections arising from 
a similar measure by Governor Hutchinson, a few years before. 
The act could only be dictated either by a wish to censure the 
people of Boston, or to show how little he thought»of the right 
claimed by the general court, to have a voice in deciding 
where its meetings should be held. The court was adjourned 
to Salem, the first of June, by proclamation of the governor, 
as he had signified the first day of the session. And when he 
found that they were nothing intimidated by his conduct, but 
were preparing measures for the safety of the province, without 
consulting his pleasure, on the 17th he issued another procla- 
mation, to dissolve them. Before the proclamation was pub- 
lished, the secretary was sent to dissolve the court, by orders 
of the governor ; but he was denied admittance, and the mes- 
senger was directed to keep the door closed. The subject 
then under consideration in the house, was the appointment of 
delegates, to meet others from the several colonies, in a general 
congress, during the year, to propose and unite in measures for 
a redress of their grievances, and for the restoration and security 
of the political rights of all. After this measure was adopted, 
and the delegates chosen for Massachusetts,! and directions 
given to communicate the fact to the other colonies, the mem- 
bers of the court separated.^ 

* This rejection by the governor, of the counsellors elected, could be for 
no other cause than their opposition to arbitrary measures, and to their 
zealous advocacy of the rights and liberties of the people. They were the 
following: James Bowdoin, John Winthrop, Timothy Danielson, Benja- 
min Austin, William Phillips, Michael Farley, James Prescott, John Adams, 
Norton Quincy, Jerathmeel Bowers, Jedediah Foster, and Enoch Freeman. 

t These delegates were, Thomas Cushing, Samuel Adams, Robert T. 
Paine, James Bowdoin, and John Adams. 

t A citizen of New York, in a letter, of June, 1774, says, " I am highly 



HISTOKY OF MASSACHUSETTS. 241 

During this sessson of the legislature, resolutions were adopt- 
ed, advising the citizens of Boston to be firm and patient, and 
the people through the province to assist the inhabitants of the 
capital, and all to persevere in the disuse of British goods, and 
other foreign articles, which were subject to impost ; in the 
hope, as they said, "that it might be seen they were not 
alarmed by poverty or adversity, and that the British ministry 
would relent, as to the continuance of measures so injurious 
and oppressive." They also desired the governor to appoint 
a day for public fasting and prayer ; but he declined. And 
they then recommended a particular day for the purpose, in 
imitation, as they said, of their pious ancestors, who, "on all 
occasions of common danger and distress, devoutly looked to 
God for direction and favor." 

The conduct of Governor Gage, in the short space of two 
months, fully proved, that arbitrary measures were still to be 
pursued, and that the voice of the representatives of the people 
was not to be regarded. A large military force had been 
ordered from England, and was daily expected. The pros- 
pect was as hopeless as in the days of the hated Andross, to 
whose tyrannical administration the conduct of Governor Gage 
was frequently likened. The general court was dissolved, as in 
his time ; and the council was to consist of such persons as the 
British ministry should designate. The people, however, did 
not despond ; and they felt it a duty to wait the result of the 
deliberations of the general congress, which was expected to 
assemble in the course of the year. Yet, in Massachusetts, 
the people were not altogether inactive. Meetings were 
holden, in most of the counties, composed of delegates from 
the towns within their respective limits, at which resolutions 
were adopted, declaring their opinion, that the recent measures 
of the British government were unjust and oppressive, and 
their determination to maintain their liberties, at every hazard. 
They referred to the conduct of the governor, " which they 
considered indicative of a purpose to rule the province by 
force;" and they declared themselves in favor of a provincial 
congress, as the general court had been dissolved. 

The spirit and ultimate views of the people of Massachusetts 
were manifested, also, during the year, by the voluntary form- 
ation of independent companies of militia, which elected their 
own officers, and met frequently for military discipline. No 
doubt this measure was recommended or suggested by some 

pleased with the spirit of your assembly. It is composed of patriots, well 
fitted to be entrusted with the liberties of the people. Their resolution and 
good sense would do them honor in any^rountry under heaven." 



242 HISTORY OF MASSACHUSETTS. 

of the more discerning polititians, and yet without any settled 
plan of independence, or of a resort to force, except for de- 
fence. As early as this period, there were frequent evidences, 
that their ancient rights and liberties would not be yielded 
without a struggle, and even an appeal to arms. There were 
then many in the province, only in the meridian of life, who 
had served as officers in the wars between England and France, 
from 1755 to 1763.* 



* A dispute which had been some time kept up, as to the boundary line 
between Massachusetts and New York, was settled, in the spring of 1773, 
to mutual satisfaction. There had been several meetings of commissioners 
to adjust the dispute, but without effect. Major Hawley was chairman of 
the commissioners fiom Massachusetts. The commissioners from New 
York insisted, that those from Massachusetts should relinquish their claims 
west of Hudson River. But they would not consent ; and Mr. Hutchin- 
son says, it was at his suggestion that they refused. 



CHAPTER XVI 



Objections to the Judges — Jurors refuse to act — Colonel Hancock dismissed 
from command of the Cadets — Governor Gage erects fortifications in and 
near Boston, and collects military stores — Conventions in Suffolk and 
Essex — Governor forbids meetings of the people — Resolutions of Con- 
vention — Provincial Congress — Its proceedings — Measures of the Con- 
tinental Congress — Committee of Safety — Delegates to second General 
Congress — Clergy — New Provincial Congress, 1775 — General Warren 
Chairman of Committee of Safety — British troops sent to Salem to seize 
military stores. 

The regular course of justice was again impeded during the 
fall of this year, from objections to the chief justice, as before 
mentioned. Another objection was now made against the 
court. Three of the justices were among the counsellors late- 
ly appointed in England. To sanction their doings, and not 
to disapprove even of their having seats on the bench, would 
be an acknowledgment of a right in the British government 
to appoint the council, and to change the charter of the prov- 
ince ; and an assent to the union of the judicial and executive 
powers. The jurors, for Suffolk county, both grand and petit, 
refused to take the usual oaths. Yet it does not appear that 
any fine was imposed on the jurors ; but the court proceeded 
to business, the following day, to the great surprise and dissat- 
isfaction of the people.* 

At this time, the governor probably anticipated some forci- 
ble opposition to his measures, and he appeared resolved to 
pursue them, even by force, if necessary, whatever might be 
the opinions or complaints of the people. He ordered military 

* Governor Gage dismissed Mr. Hancock from the command of the 
independent company of cadets, at this time, without giving any reasons 
for the removal, except that Mr. Hancock had not treated him with due 
respect. The company presented an address to Mr. Hancock, expressive 
of their high sense of his patriotism, and of their personal regard for him. 
The other officers gave up their commissions, and declared they would not 
remain in the company, after their commander had been thus unjustly 
treated. The want of respect charged against Mr. Hancock, by the gover- 
nor was not specified. It was probably a want of such servile submission 
as the despotic temper of General Gage required. 



244 HISTORY OF MASSACHUSETTS. 

stores and ordnances from New York to Boston ; and by his 
directions large quantities of gunpowder, which belonged to 
the province, were removed into the metropolis, from Cam- 
bridge and Charlestown, and placed in the keeping of British 
regular troops, then lately arrived. Individuals were in the 
habit of depositing gunpowder in the public houses, for safe 
keeping ; this he seized also, and refused to deliver it to the 
owners. And soon after, in the fall of 1774, he caused forti- 
fications to be erected on the neck, at the only entrance by 
land into the town. 

The highly excited feelings of the people, under these cir- 
cumstances, broke out in some acts of menace and riot, which 
no friend of law and order could fully justify. Some of the 
counsellors appointed by the king resided in Cambridge, and 
the people assembled from that and neighboring towns, pro- 
ceeded to their houses, and insisted on their tendering a resig- 
nation of their offices. No acts of personal violence, however, 
were committed. The act was evidence of the indignation of 
the people against the counsellors ; and the influence of the 
more prudent prevailed to prevent further mischief, than a 
temporary alarm and fear of bloodshed. 

The convention of delegates for Suffolk, at this time, was 
highly respectable, and the resolutions adopted very spirited, 
Dr. Joseph Warren was chairman of the committee, which 
reported them. He was esteemed as one of the most ardent and 
fearless of the friends of civil liberty. He was a good scholar, 
of very popular talents, and animated by the spirit of a 
martyr. In the report, it was declared, " that the mea- 
sures of the British government were dictated, not by justice 
or wisdom, but by mere power and a spirit of vengeance, 
exerted to extinguish civil liberty. On the wisdom, fortitude, 
and exertions of the present day depends the fate of this new 
world, and of the unborn millions of future time. If we tamely 
submit to the will of licentious rulers, and basely yield to 
arbitrary power, future generations will load our memories with 
incessant execrations. But if we arrest the hand which would 
grasp our honest gains, if we nobly defeat the fatal edict which 
claims a right to bind us in all cases whatever, if we manfully 
resist the unconstitutional usurpations of power put forth to 
enslave us, posterity will acknowledge the virtue which pre- 
served them free and happy. * * * We are determined on 
the defensive, so long as such conduct may be justified by rea- 
son and the principles of self-preservation, and no longer. We 
earnestly recommend to the people to avoid all riots and 
licentious attacks on persons and property ; but, by a steady 



HISTORY OF MASSACHUSETTS. 215 

and manly opposition, to convince our enemies that in a con- 
test so important, a cause so solemn, our conduct shall be such 
as'to merit the approbation of the wise, and the admiration 
of the brave and free, in every age and country." 

A committee was appointed by this convention to wait on 
the governor and request him to discontinue the fortifications 
on the neck at the south part of Boston, as it was matter of 
alarm to the country, and the soldiers were insolent and abu- 
sive to the people as tlrey passed. But he declined; and re- 
ferred to the military preparations making in various parts of 
the province. 

The convention in Essex, at the same time, (September) 
was equally respectable, firm, and spirited. "Civil war," 
they said, " was to be deprecated, as a great calamity, but 
they were resolved to maintain their liberties at every Hazard, 
even at the risk of life itself; as those could not die too early 
who laid down their lives in support of the laws and liberties 
of their country." Governor Gage forbid the town meeting 
called to choose delegates to attend the convention. But the 
committee, who conferred with him on the subject, expressed 
their opinion that the meeting was perfectly lawful and proper. 
He replied, "that he should not discuss the matter with them; 
he came not to argue, but to execute the laws of parliament, 
and was determined they should be executed." He added, 
"that if the citizens should assemble, he would send the sheriff 
to disperse them ; and if the sheriff needed support, he would 
himself support him with his troops." The troops were, in 
fact, ordered to be in readiness ; but before they received fur- 
ther orders, the people had chosen their delegates and separa- 
ted. Warrants were made out to arrest the persons chosen, 
and some of them were arrested ; but they found bail, and no 
further prosecution was had against them. 

In compliance with the opinion and wishes of the people 
through the province, delegates were chosen in September, to 
meet in October, to attend to the public interests and safety, at 
that most critical period, when there was no general court, and 
the arm of power was stretched out to crush them. They 
met in Salem, to the number of 288, and chose John Hancock, 
President, and Benjamin Lincoln, Secretary ; and adjourned 
to meet forthwith, at Concord. This body was called a pro- 
vincial congress; and a large committee was appointed to 
consider the state of the province. They prepared an address 
to the governor, which was presented to him by a committee 
of twenty-one of the convention.* The purport of the addi 

* This committee was composed of Co!. Lee; Col. Ward. Col. Oine, 

30 



246 HISTORY OF MASSACHUSETTS. 

was, that they had met to consult for the public welfare, and 
they now hoped that the measures, of which the people had 
complained, which were oppressive in their effects, and deem- 
ed to be infringements on their rights and liberties, would be 
pursued no longer, that the troops would be withdrawn, and 
all hostile preparations be discontinued. They professed their 
loyalty to the king, and expressed a desire for the restoration 
of harmony with the parent government. The governor 
replied, that he felt himself justified in his conduct, and that 
there was no design to enslave or oppress the people ; and he 
would have them reflect whether their meeting was not a vio- 
lation of their charter, which they admitted to be their guide. 
The congress adjourned to meet at Cambridge the following 
week ; when another committee was chosen to take measures 
for the defence of the province. 

There was now a large military force in Boston, under the 
command of the governor, ready to obey him in the execution 
of any orders he might give. And he had already declared, 
that it was not his duty to justify the acts of the British minis- 
try, but to enforce them. Great firmness and prudence were 
necessary in the provincial, as well as in the general congress. 
The object they had in view was most just and praiseworthy; 
it was the preservation of civil liberty, long enjoyed in the 
colonies. It was necessary that the means adopted to secure 
the blessing, should be wise and proper. Rash councils and 
violent proceedings might essentially injure the cause in which 
they were engaged. It was their policy to act merely on the 
defensive ; or to adopt measures of precaution, and be prepared 
for any exigency which should occur. They had, indeed, 
already often petitioned and remonstrated, but it had been en- 
tirely in vain. The general congress had then recently adopt- 
ed the same course Massachusetts had before pursued. Peti- 
tions were forwarded from that august body to the king, and to 
parliament; to the people of England; and to the people in 
the colonies. And the congress adjourned, to wait the event of 
their appeals and memorials to the British government. 

Many of the committee of the provincial congress were 
military officers ; and they were directed to ascertain the 
quantity of arms, cannon, and gunpowder, in the province; 
and to encourage military discipline among the citizens. The 

Capt. Thomas Gardner, Henry Gardner, Esq., N. Gorham, Esq., Mr. De- 
vens, Col. Pomeroy, Hon. Col. Prescott, Col. Thayer, Mr. Williams, 
Capt. Heath, Capt. Upham", Mr. Barnes, Capt. Doolittle, Mr. Lothrop, 
Major Thompson, Mr. Pickering, Mr. Palmer, Mr. Brown, and Mr. Thomp- 
son. 



HISTORY OF MASSACHUSETTS. £47 

collectors of taxes were also directed not to pay the money in 
their hands, or to be received, to the treasurer of the province, 
who was then under the influence of the governor ; but to 
retain it subject to the orders of the congress. And soon after 
another treasurer was chosen to receive it. A committee was 
then appointed, of an executive character, and called "the 
committee of safety," * to continue to act after the adjourn- 
ment: and three general officers were chosen to command the 
military of the province.! 

The provincial congress met again the last of November, 
and continued in session fourteen days. Most of the coun- 
sellors, elected in May preceding, attended, as they had been 
requested. The delegates to the general congress from the 
province, having returned, and being members of this body 
also, appeared at this time ; and communicated the proceedings 
of the congress, which had been held in Philadelphia ; which 
were fully approved. Several of the counsellors appointed 
by the king, gave notice to the meeting, that they had declined 
the appointment. Five delegates were elected to attend an- 
other general congress, to meet at Philadelphia, in May fol- 
lowing, unless business should require their meeting at an earlier 
day. They were the same persons who were delegates in the 
former congress, except Mr. Hancock was chosen instead of 
Mr. Bowdoin, who declined. An address was also made to 
the clergy in the province, requesting their influence in favor 
of a compliance, by the people, with the resolves for the disuse 
of British goods, and for the encouragement of manufactures 
among themselves. The clergy were the firm friends of civil 
liberty ; and, during the whole controversy with England, and 
the struggle which followed, supported the patriots in their 
measures for maintaining the rights of the people. 

When this provincial congress separated, on the 10th of 
December, it recommended to the people to chqose delegates 
for another, to meet in February following, and published an 
address to their constituents ; in which they observed, that they 
had adopted or proposed such measures as they believed 
proper, in the situation of the province; that it was necessary 

* This committee consisted of Hon. John Hancock, Dr. Joseph Warren, 
Dr. B. Church, Mr. Devens, of Charlestown, Capt. B. White, Mr. J. 
Palmer, and Norton Quincy, of Braintree, Capt. A. Watson, of Cambridge, 
and Col. Orne, of Marblehead. And others were added to the committee 
afterwards. 

t These were Col. Ward, of Worcester, Col. Thomas, of Plymouth, and 
Col. Pomeroy, of Hampshire, who had been field officers in the war of 
1756-'G0 ; who were esteemed for their intelligence, patriotism and bravery ; 
and who were afterwards appointed general officers. 



248 HISTORY OF MASSACHUSETTS. 

for the people to be preparing to defend their liberties and 
rights ; and yet that they had hope in the wisdom and clemency 
of the king, and in the justice of parliament, if they could have 
a true representation of the sentiments and designs of the 
colonists. The people were exhorted, " to consider their dan- 
ger, and to be prepared to meet and avert it, by their love of 
liberty and of their country, by respect for the memories of 
their ancestors, and by a regard for posterity ; and to remem- 
ber that they must stand or fall with the liberties of America." 

The men who made this address were not innovators, nor were 
they ambitious, nor enemies of regular government and whole- 
some laws; they were moral, religious, discreet, intelligent, 
and desirous of enjoying themselves and handing down to their 
children that degree of civil liberty, which the people of the 
colony had possessed, and which the whigs, of 1688, in Eng- 
land, contended for and acquired. But the ministerial agents 
in the province were of opinion, that the people were not to 
judge what portion of freedom they must have ; and should be 
thankful for what was granted them, as a privilege. It was, 
indeed, expressly declared, that the people in the colonies 
could not justly expect so much liberty, as those who were in 
England ; and as they had chosen to settle and live at the dis- 
tance of three thousand miles, they must be content with such 
a measure of freedom, as the British government might think 
sufficient for them.* 

The new congress of Massachusetts met in February, 1775, 
as had been proposed. The committee of safety was contin- 
ued, and its powers enlarged. They were clothed with author- 
ity to call out the militia, if necessary, and to oppose all attempts 
to enforce the obnoxious laws of parliament. They were also 
directed to take charge of the military stores and implements in 
the province - . And the militia were desired to conform to their 
commands. A return of arms, ammunition, and of men, was 
ordered to be made, at an early day. Concord and Worcester 
were designated as suitable places to deposit the military stores. 
Two more general officers were appointed ; and the people 
were urged to manufacture saltpetre as a material for gunpow- 
der. Another address was also sent out to the people, appeal- 
ing to their patriotic feelings, and exhorting them to prudence, 
firmness, and resolution, in the event of an attack on their lib- 
erties by force. A new committee was chosen to correspond 
with the other colonies ; and the members from Boston were 
authorized to call a meeting at any time they might think neces- 

* See Hutchinson, Vol. III. 409. London ed. 1828. 



HISTORY OF MASSACHUSETTS. iM9 

sary. On the first of February, the provincial congress adjourn- 
ed to the -2-2d of March. ^Ir. Hancock was chairman of the 
committee of safety, at this time; but when he went to Phila- 
delphia, early in the spring, to attend the continental congress, 
Dr. Joseph Warren was appointed in his place. 

Governor Gage was not ignorant of the proceedings of either 
the continental or provincial congress; and he was disposed to 
take possession of such military stores as were in the vicinity of 
Boston, where were his head quarters. He was informed that 
there was a quantity at Salem or Danvers ; and he sent a de- 
tachment of 150 men, by way of Marblehead, whither they 
were transported by water, to seize them. When the troops 
reached Salem, it was said the stores were at Danvers. In 
proceeding to that village, it was necessary to pass a bridge, on 
the way from Salem. When the British troops arrived at the 
bridge, they found about fifty of the militia posted there under 
Colonel Pickering. They had taken up the bridge, and 
appeared determined not to permit the British detachment to 
pass. The commander of the corps ordered, that the planks 
of the bridge be replaced. But his orders were disregarded. 
The British officer was much excited, and declared he would 
proceed. Some of the citizens of Salem endeavored to prevail 
with him to return ; intimating that if he attempted to pass by 
force, or should offer any violence, he would be opposed at 
every hazard, by the militia on the other side, who were then 
much increased in number, and were determined to oppose 
force to force. A compromise was effected.* The planks of 
the bridge were replaced ; the British officer and some of his 
men were suffered to pass over, and then immediately returned. 
The affair was brought to an issue, without bloodshed. But it 
served to shew the British general, that the Americans had 
spirit and resolution to defend their rights ; and to convince 
the latter, that there must be a resort 'to force, unless the peo- 
ple submitted to the arbitrary acts of the British parliament. 

• Rev. Dr. Barnard, of Salem, was acquainted with the British officer 
who commanded the party. He proceeded to the spot, and assured the 
officer that Col. Pickering and his men would never permit him to seize 
the stores. 



CHAPTER XVII. 



Third Provincial Congress, March, 1775 — Its advice and orders — More 
British troops arrive — War or submission — British Patriots — Affair at 
Lexington and Concord — Meeting of Provincial Congress — More men 
raised — Governor Gage denounced as an enemy to the Province — 
Militia collect at Cambridge and Roxbury, and from Massachusetts, 
Connecticut, New Hampshire, and Rhode Island — Advice of General 
Congress desired, as to civil government — Measures of defence — Battle ' 
of Bunker Hill — Great slaughter — Death of General Warren — Cause 
of its Failure — General Washington appointed Commander-in-chief — 
Measures adopted to augment the Army, 

The provincial congress was again held the 22d of March 
at Concord. The affair at Salem, and the movements of Gen- 
eral Gage excited apprehensions of attacks on other places ; 
and a report was circulated that the British troops in Boston 
would be sent out to destroy the military stores which had been 
collected. It was an object with the congress to strengthen 
the committee of safety, and to prepare for self-defence, if the 
British should make such an attempt. The elite corps, or minute 
companies, were desired to improve themselves in military dis- 
cipline ; and several artillery companies were ordered to be 
raised. The people were urged to pay their taxes to the new 
treasurer, with all possible despatch; and loans were solicited 
for the use of the province. The counsellors who had been 
appointed by the British ministers, and who had accepted the 
trust, were declared to be enemies to the country.* 

Early in the spring, an additional number of British troops 
arrived at Boston ; and an opinion prevailed, that, the crisis was 
approaching, when the alternative must be base submission 01 
war. With a very great majority of the people, there was no 
hesitation as to the choice. A few, indeed, who had long 
opposed the policy of the parent government, thought it would 
be most prudent still to petition and submit. But the love of 

* Those who declined acting, by virtue of their appointment by the 
king, were Danforth, Powell, Watson, Russell, Lee, Royal], Hooper, 
Worthington, Paine, Williams, Vassal!, Palmer, and Woodbridge. 




w. O. ^WaiAeJW. 



HISTORY OF MASSACHUSETTS. 251 

liberty was so strong with the great body of the people, includ- 
ing a due proportion of the best educated and opulent, that 
they were resolved to oppose the measures of administration in 
England, at every hazard. They admitted that the prospect 
presented almost insuperable difficulties. But, probably, they 
looked to the support to be given by the whole country, as 
some cause for hope ; and still cherished a belief, that the 
friends of constitutional freedom in England would have influ- 
ence to introduce more favorable counsels. The strono - mea- 
sures then adopted by ministers were opposed by Lord Chat- 
ham, and others ; who expressly declared, " that they consid- 
ered the people of Massachusetts as standing in defence of 
constitutional rights, and the conduct of administration as unjust 
and tyrannical." They predicted forcible opposition, and even 
expressed a hope that success might attend the struggle of the 
colonies for political liberty. It was believed, that ministers 
hesitated; for a conciliatory plan was proposed, for* the colonies 
to tax themselves, as had been made in 1765; but it was only 
a suggestion, and too indefinite to lead to any relaxation of 
measures of defence in America. It was afterwards disclosed 
to be only a pretence, for the purpose of preventing a union of 
the people in different parts of the country. 

Before the provincial congress separated, which was on the 
loth of April, it was agreed to raise troops immediately, for the 
defence of the province : for it was known that General Gage 
had received orders to put down all opposition ; and all the 
civil power was concentrated in him, with an army for his 
support. The committee of safety was directed to appoint 
field officers for the regiments to be raised, and to make the 
greatest preparations for defence which the resources of the 
province would afford. Committees were also chosen to visit 
New Hampshire, Connecticut, and Rhode Island, to inform 
them of the measures adopted in Massachusetts, and to request 
their support and cooperation, as events might, require. Thi3 
meeting took care also to provide for another assembly of dele- 
gates or representatives of the people, to be held on the last 
Wednesday of May, the usual time for the organization of the 
general court. 

On the 18th of April, several British military officers from 
Boston w r ere observed riding through Cambridge and on the 
road to Lexington ; and an apprehension arose that some hostile 
movement was at hand. The committee' of safety gave orders 
for the removal of the stores from Concord. Dr. Warren, the 
chairman, who was most vigilant and enterprising, and who had 
directed a constant watch of the troops, received notice during 



252 HISTORY OF MASSACHUSETTS. 

the night of the 18th, that a detachment of the British forces in 
Boston, of 1000 men, were landing at Lechmere's Point, in 
Cambridge. He immediately despatched messengers to Lex- 
ington and Concord to give the people notice, that they would 
probably be attacked. Directions were given for the militia to 
protect such stores at Concord as bad not been removed. No- 
tice was also sent to Mr. Adams and Mr. Hancock, who were then 
at the house of the clergyman, in Lexington, of the expected 
approach of the British troops. These two patriots were 
among the most active opponents of arbitrary power, and 
were particularly denounced, as deserving the vengeance of the 
British government. The detachment of British troops arrived 
at Lexington, near the church, soon after day-light. . A com- 
pany of the militia was already collected there. The British 
commander rode up to them, and said, " Disperse ! you damned 
rebels, disperse!" and immediately fired his pistol; and the 
soldiers who .were in front fired also. The militia dispersed, 
but some of them fired on the British as they retired. In this 
attack, eight of the militia were killed and several wounded. 

The British reported, that the militia first fired ; but it was 
fully proved afterwards, that the British began the attack, and 
that the firing from the Americans was only from a few as they 
were retiring. 

The British detachment proceeded to Concord, about five 
miles further, without meeting any opposition. Some of the 
militia had assembled at this place, under arms, on the intelli- 
gence that the British troops were advancing. These were 
not very numerous ; and they retired to a bridge, at the dis- 
tance of nearly two miles, where they made a stand ; in the 
expectation, probably, that the British forces would not pursue 
them, or that others of the militia would come to their aid. 
A part of the British troops followed them to the bridge. The 
militia, who were on the farther side, were desirous of return- 
ing to the village, to protect the people and their property, as 
well as the public stores. To prevent this, the British re- 
moved a part of the bridge ; but the militia pressed forward, 
as if resolved to go to the village. The British troops then 
fired on them ; and the fire was returned by the Americans 
with spirit and effect. And the former were pursued near to 
the village, when the militia received a check from the united 
force of the whole detachment. The militia, however, poured 
in from the vicinity ; and the British commander gave orders 
to return to Boston. The militia hung upon their rear; and 
many of the regular troops were killed and wounded. At 
Lexington, they received a reinforcement from, General Gage, 



HISTORY OF MASSACHUSETTS. 253 

which rendered them so formidable that it was not prudent for 
the militia to make any systematic attack on them. Part of a 
regiment from Salem, under Colonel Pickering, reached Med- 
ford late in the afternoon, but not in season to give them any 
check. The loss of the British, on this occasion, killed, 
wounded, and missing, was nearly three hundred ; and upwards 
of eighty of the militia were killed or wounded. 

The provincial congress assembled again, on the 22d of the 
month, and voted to raise thirteen thousand men, who were to 
repair to Cambridge and vicinity, without delay. They also 
again made application to the neighboring colonies, for them to 
proceed to the same place. They said, "they had no hope 
left but in a large military force, sufficient to strike terror into 
the hearts of their enemies;" as they now for the first time 
called the British; "and they were determined to part with 
their liberties, only at the price of their lives." They de- 
nounced Governor Gage, as an enemy to the province, and an 
agent of tyrannical rulers, to oppress and enslave the people. 
And he, in his turn, issued a proclamation, declaring Massa- 
chusetts to be in a state of rebellion. In some of his conduct, 
General Gage was not only severe, but unjust. He pro- 
mised to allow the citizens of Boston to leave the town, on 
condition of depositing their arms in a public place under his 
command ; but when they gave up their arms, he utterly re- 
fused to let them go; as the hardened Pharaoh did the people 
of Israel. 

Within ten days after the affair at Lexington and Concord, 
a large number of the militia collected in Cambridge and Rox- 
bury; but many of them without suitable military equipments; 
and their organization was quite imperfect. The alarm occa- 
sioned by the battle at Concord, was very great; but a reso- 
lution was manifested, to hasten to the place of danger, and, if 
possible, to prevent further aggressions. Some of the militia 
from Connecticut, New Hampshire, and Rhode Island, arrived 
at an early day, accompanied by individuals who had been 
brave officers in the campaigns of 1756-'60.* 

A statement was made to the continental congress, then 
sitting in Philadelphia, of the affair at Concord and Lexington, 
and of the preparations made and making for defence. That 
august body approved of the conduct of Massachusetts, and 
recommended to all the other colonies to raise men and forward 
them to the neighborhood of Boston to act for the general 
welfare. 

* The most distinguished were Col. Israel Putnam, of Connecticut. Col. 
John Stark, of New Hampshire, and CoJ. Greene, of Rhode Island. 

31 



254 HISTORY OF MASSACHUSETTS. 

At this time, the congress of Massachusetts applied to the 
continental congress for advice, as to the form of government 
proper to be adopted, in their peculiar situation. They had 
declared against the authority of Governor Gage, and of the 
counsellors appointed by the king ; and though they had 
assumed the civil authority in the province, it was not pre- 
cisely in the way pointed out in their charter. There was no 
general court and no house of assembly, according to the direc- 
tions of that instrument. But they , had acted, for several 
months, as the representatives of the people, chosen according 
to ancient usage : and had appointed a committee of safety, 
who performed the appropriate duties of the executive depart- 
ment. They were sensible this was only a temporary form 
of government, for the immediate exigency of the occasion; 
but did not wish to establish a government, without consulting 
the other colonies. They had been compelled to raise troops; 
yet, as the military, in all free states, should be subordinate to 
the civil power, they said they were concerned at having an 
army, even of their own citizens, without a civil power to pro- 
vide for and control it. Few disorders or inconveniences had 
happened, in this period; for the great object of self defence, 
and of the preservation of liberty against arbitrary power, pre- 
vented all private disputes among the people. As the general 
congress did not immediately reply, another application was 
made for advice ; which shewed the desire of Massachusetts, 
to have a fixed form of civil government, and to receive the 
approbation of the rest of America, in an affair of such vast 
importance. A few weeks after, the opinion of the general 
congress was received, "that it would be proper to conform, 
as far as might be, to the provisions of their charter; — to elect 
representatives, and these representatives to choose counsel- 
lors, who were to form an executive department, and exercise 
the powers before vested in the governor and council." This 
plan met the views of the people generally in Massachusetts, 
and undoubtedly was suggested by some of her eminent citi- 
zens, either in the general, or in the provincial congress. 

The provincial congress continued in session till the 27th of 
May ; after a few days another assembled, which was before 
the opinion and advice of the general congress had been re- 
ceived. This continued together only a short time, and 
ordered, that representatives should be elected to meet in July, 
to proceed agreeably to the opinion given by the continental 
congress. While together, further measures were adopted, by 
the provincial congress, for organizing the militia, who had 
assembled at Cambridge and Roxbury, and to provide for their 



HISTORY OF MASSACHUSETTS. 255 

efficient equipment. There was an apprehension, that the 
British General would make an attack on the Americans, with 
all his forces ; and the provincial troops were generally deficient 
in arms and gunpowder. It was desired, if possible, to give the 
enemy a check, if they should leave Boston, and prevent their 
penetrating into the interior. By the last of May, there were 
twentytwo regiments in the vicinity of Boston, besides the 
troops from the adjoining provinces. Artemas Ward was ap- 
pointed commander-in-chief, and John Thomas second in com- 
mand ; the former was at Cambridge and the latter at Roxbury. 
The Connecticut men, under General Putnam, and those of 
New Hampshire, under Colonel Stark, were, in some measure, 
independent of the Massachusetts militia; but there was a per- 
fectly good understanding between them. It was not till July, 
when the continental congress undertook to organize the army, 
and appointed George Washington commander-in-chief, that a 
complete organization and system was formed. 

It was not to be supposed that General Gage would remain 
long inactive, when he had a large body of regular troops under 
his command, and the Americans, though rather more numer- 
ous, were so poorly disciplined and equipped. A report was 
circulated, that he intended to take possession of the heights of 
Dorchester and of Charlestown, and to erect fortifications 
thereon; where his men would be better situated for making 
any future attacks. On the fifteenth of June, the committee 
of safety gave orders for the militia to be prepared to march at 
the shortest notice : and it was proposed to take possession of 
the hills in Dorchester and Charlestown, before the British 
General should order his troops there. After some consulta- 
tion, it was decided to fortify the heights of Charlestown only, 
at that time. A detachment, of about twelve hundred men, 
was ordered to that place, on the evening of the sixteenth, and 
at the day-light of the following morning, a redoubt was thrown 
up, on the eminence south of Bunker Hill, and much nearer 
the river, which separates Charlestown from Boston. At this 
time, they were discovered by the British in the capital ; and 
a ship of w r ar lying in the river opened a heavy fire upon them. 
They were also fired upon from the fort on Copp's Hill, at the 
north part of Boston, and from several armed vessels, which 
had come up on the western side of Charlestown. By noon, 
they were exposed to a heavy fire from various directions. 
They were much fatigued by the labor of the night and morn- 
ing, in throwing up the redoubt and breastwork. No recruits 
had then arrived from the main army at Cambridge. A little 
after two o'clock, a large body of Britisn troops passed over 



256 HISTORY OF MASSACHUSETTS. 

from Boston, estimated at nearly three thousand, and landed 
at a point south-east of the redoubt where the Americans were 
posted. At this time, some Connecticut troops, under General 
Putnam, arrived near the redoubt, and on the descent of the 
eastern side of the hill, while the British were forming. They 
threw up some new mown grass against the fence, and w T aited 
the approach of the enemy : and before the attack was made, 
some of the New Hampshire militia arrived, and were posted 
near to the Connecticut troops: for it was evident the British 
intended to attack the redoubt, where Colonel Prescott was 
posted with the Massachusetts troops, on the rear, rather than 
to march directly up in front. The number of Americans, at 
this time, in the fort, and by the fence, on the easterly side of 
the hill, were about two thousand, or two thousand two hun- 
dred. Colonel Prescott commanded at the fort ; but it ap- 
peared that General Putnam had the direction or inspection of 
the whole, as he rode from the fence to the fort and back, 
several times, and also as far as the neck, to hasten the recruits, 
which were ordered on at a late hour. That no earlier or 
greater reinforcements were sent on to Charlestown from Cam- 
bridge, was probably owing to an apprehension, that the Brit- 
ish would make an attack on the militia in that place, by cross- 
ing the bay, from the western part of Boston. 

About three o'clock, the British troops marched up, as was 
expected, chiefly towards the Americans posted at the fence, 
on the eastern declivity of the hill, on which the redoubt had 
been thrown up; and began the fire, when at some distance. 
The militia had been ordered to reserve their fire till the 
enemy should approach very near : and when the word was 
given, they poured such an incessant fire on the British regu- 
lars, that great numbers fell, and the others soon retreated to 
the place where they landed. They were soon rallied again 
by their officers; and again were repulsed in a similar manner 
as before, and with great slaughter.* The British in Boston 
were spectators of the scene. And a reinforcement was sent 
over immediately. The Americans received but little addi- 
tional aid, which was obtained by General Putman, who rode 
over the neck, and sent on such of the militia as were near. 

When the third attack was made by the British, they had 
more light artillery ; and the militia under Putnam and Pres- 
cott, had but one company, and that was not well prepared. 
The attack was now made more directly on the redoubt, but 

* At this time the town of Charlestown was set on fire, which added to 
the horrors of the day. 



HISTORY OF MASSACHUSETTS. 257 

in two parts at the same time. The Americans had but little 
ammunition, which was soon expended, and very few of them 
had bayonets. They received the British bravely ;* but were 
soon ordered to retreat. Those in the redoubt retired first, 
and were in some measure covered by those at the fence, on 
the eastern side of the hill. 

Dr. Joseph Warren, who was then president of the provincial 
congress, a few days before appointed a major-general, was 
slain, near the close of the action. He was not in command 
on that occasion, and was merely a volunteer. His ardent 
patriotism would not suffer him to remain at a distance from 
the scene of danger. He was urged not to go and expose 
himself unnecessarily; he replied, "that he could not rest 
while others were fighting for the country, but he must take 
a part with them." 

General Warren had the confidence and affection of the 
people in a remarkable degree. He was possessed of ardent 
feelings and honorable principles ; and the spirit of patriotism 
was as pure as it was warm in his heart. He was in the prime 
of life, and of the best education the country could afford. 
The other men of distinction, who were killed or mortally 
wounded, were Colonel Thomas Gardner, Lieutenant Colonel 
Parker, and Majors Moore and McClary. The loss of life, 
on this memorable day, was very great. Of the Americans, 
about one hundred were killed, and nearly three hundred 
wounded or taken; of the latter between thirty and forty. 
The British had between fourteen and fifteen hundred,! killed 
and wounded : a large proportion of which were killed, includ- 
ing upwards of eighty officers. J 

This was a disastrous event to Massachusetts; but the peo- 
ple did not despond. And if there was some want of system 
and promptness on the occasion, those who had proposed 
taking possession of the place weie not blamed. There was 

* The British officers said, " the Americans fought like devils." 
t One account gave eleven hundred wounded, and seven hundred and 
forty-five killed. The British only would know, and they were unwilling 
to confess the full extent of their loss. 

t The numbers engaged, on each side, in this battle, have been variously 
given. Prescott went on with one thousand, or a little more : parts of three 
regiments, but not full ones. He was reinforced with a very few, till just 
before the battle began, when probably one thousand more arrived ; all 
making about two thousand, or two thousand two hundred. The British 
consisted of about three thousand, at first, and afterwards one thousand, or 
fifteen hundred were added. But some have estimated the whole at five 
thousand. This is probably too high. When they made the third and last 
attack they had not many more than at the first ; but in the two first repulses 
their loss was very great. 



258 history or Massachusetts. 

evidently a want of plan in the enterprise; but, perhaps, the 
unprepared condition of the country is a sufficient excuse for 
the imperfection of the arrangements. If the militia at the 
redoubt had been aided by one thousand more men from Cam- 
bridge, by noon, which might have been easily done, and more 
ammunition sent, the British would not have taken the fort. 
But there was little ammunition in the whole army then col- 
lected; and if there was just cause to fear an attack from the 
British, on the American main army, it might have been good 
policy not to weaken it, by sending a reinforcement to Charles- 
town. The British generals were convinced that the Ameri- 
cans would fight, as well as. argue, for their rights; and were 
thus deterred from making another attack for a long time, 
which gave opportunity to collect military stores, and teach 
the men the military discipline, necessary to fit them to oppose 
the regular troops of Britain with effect. 

On the day of the battle in Charlestown, the provincial con- 
gress, then in session at Watertown, voted to procure provi- 
sions for the troops, who were then under enlistment for eight 
months, and to collect fire arms wherever to be found. And 
the committee of safety issued orders for all the militia within 
twenty miles to repair to Cambridge. The aid of the adjoin- 
ing colonies was again solicited, in furnishing more troops ; and â–  
it was stated that there were ten thousand regular troops in 
Boston, under General Gage, and that more were daily ex- 
pected. Application was made to the continental congress, 
at Philadelphia, that they would appoint a general-in-chief, to 
command the whole American forces. The Massachusetts 
congress had made such a request soon after the affair at Lex- 
ington and Concord ; and the general congress had already 
acted on the subject. On the fifteenth of June, it voted to 
appoint such an officer; and on the sixteenth, on motion of 
one of the delegates from Massachusetts, George Washing- 
ton, then a member of that body, was unanimously elected. 
Four major generals were chosen, a few days after, one of 
whom was Artemas Ward, of Massachusetts ; and eight briga- 
dier generals, three of them from Massachusetts, John Thomas, 
William Heath, and Seth Pomery.* 

* Dr. Benjamin Church, who had acted with the patriots, and was one 
of the representatives of Boston, was detected, about this time, in corres- 
ponding with the British officers. He was arrested and examined by a 
committee of the representatives. His conduct was considered very repre- 
hensible ; but he was only punished by being expelled from being a mem- 
ber of the house. He complained of his treatment; while others thought 
he merited a more severe punishment. His letters were in characters, but 
were decyphered by Rev. Dr. Samuel West, of Dartmouth. 



HISTORY OF MASSACHUSETTS. 259 

General Washington arrived at Cambridge on the second of 
July, and took command of the troops there assembled. The 
congress of Massachusetts sent a committe to meet him at the 
western bounds of the province; and when he reached Cam" 
bridge, made an address to him, declaring their entire confi- 
dence in his patriotism, his ability and wisdom, and their readi- 
ness to afford him all the aid in their power. In his reply, 
he spoke of their zeal, their sufferings and services, in the 
cause of the liberties of the country, and of his need of their 
support in the trying duties which he had undertaken. His 
reply was characteristic of the wisdom, intelligence, and 
modesty of one, who, through his whole life, and especially 
after this period, received the universal esteem, confidence, 
and admiration of the country.* 

* General Washington was instructed, by the continental congress, to 
consult the civil authority of Massachusetts, and in his military operations, 
to conform, as far as possible, to their wishes and directions. His conduct, 
while in the province, was agreeable to his instructions. His own sense of 
right would suggest the same course to him. For, though a brave officer, 
he knew the importance of submitting to the civil authority. 



CHAPTER XVIII. 



Representatives meet, 19th July, 1775, and elect an Executive Council — 
Population and state of the Province — Army at Cambridge and Roxbury 
— Destitute of equipments — Want of cannon, fire-arms, and powder — 
Falmouth burnt by the British — Powder Mills erected — Measures of de- 
fence adopted — Forts built — Privations— Courts organized — Public ex- 
penses — Invasion of Canada unsuccessful — Death of General Mont- 
gomery — Men enlisted for a year — Plan to attack Boston — Dorchester 
Heights fortified — British leave Boston. 

On the nineteenth of July, representatives having been 
elected, in conformity to the advice of the continental con- 
gress, a house of assembly was held at Watertown, consisting 
of two hundred and six members; the most of whom had been 
delegates to the provincial congress, which had been in session 
for some time, till the eighteenth. They proceeded to elect 
counsellors, who were to act as one branch of the legislature, 
and also as the executive of the province, or commonwealth. 
And the following named persons were chosen: James Bow- 
doin, John Hancock, Benjamin Greenleaf, Joseph Gerrish, 
Samuel Adams, William Sever, Jedediah Foster, Michael 
Farley, Joseph Palmer, Jabez Fisher, John Pitts, John Win- 
throp, John Adams, Thomas Cushing, Benjamin Lincoln, 
Caleb Cushing, James Prescott, Azor Orne, Walter Spooner, 
James Otis, Robert T. Paine, Benjamin Chadbourn, Enoch 
Freeman, Charles Chauncey, Moses Gill, Samuel Holten, E. 
Taylor, and J. Taylor. Samuel Adams was chosen secretary; 
but, as he was a delegate to the continental congress, Perez 
Morton was appointed deputy secretary. 

It was voted, by the representatives, that the council should 
exercise all the authority formerly in the hands of the governor 
and council ; and that their acts should be observed accord- 
ingly. The ordinary civil affairs of the state were conducted 
with remarkable order and quiet ; there were no acts of vio- 
lence or irregularity committed, and no complaints of injustice 
or opposition. But the judicial courts were not duly organized 
till November. 



HISTORY OF MASSACHUSETTS. 361 

In the month of August, the troops at Cambridge'and vicinity 
were formed into a continental army, under General Washing- 
ton, whose commission was from the general congress. His 
quarters were in Cambridge. General Ward was put in com- 
mand of the right wing, at Roxbury, and General Lee, of the 
left wing, at Prospect Hill. 

The whole number of American troops, at this time, was 
estimated at fifteen thousand; of which nine thousand were of 
Massachusetts,* and most of the remainder from Connecticut, 
New Hampshire, and Rhode Island. But several companies 
of riflemen soon after were added, from Pennsylvania, Mary- 
land, and Virginia. 

In July, 1775, the continental congress published a statement 
of the causes of a resort to arms. They gave a view of their 
rights, and of the late measures of the British parliament and 
ministry, by which their rights were infringed and violated. 
They professed a desire that the union with England might be 
continued, by a change of policy under which they suffered. 
"The usurpations of power, and the restraints on their liberty, 
as recently made," they said, " they could not endure. We 
have remonstrated and petitioned, but all in vain. The terms 
proposed by the British ministry were as humiliating as could 
be dictated by remorseless victors to conquered enemies. In 
our condition, to accept them would be to deserve them. We 
are reduced to the alternative of unconditional submission to 
tyrannical rulers, or resistance by force. The latter is our 
choice. We have counted the cost, and find nothing so dread- 
ful as voluntary slavery. Honor, justice, and humanity, forbid 
us tamely to surrender that freedom, which we received from 
our gallant ancestors, and which our innocent posterity have a 
right to receive from us. We cannot endure the infamy and 
guilt of resigning future generations to that wretchedness 
which inevitably awaits them, if we basely entail hereditary 
bondage upon them. * * * Our cause is just ; our union is 
perfect ; our internal resources are great ; and we solemnly 
declare, before God and the world, that, exerting all the means 
and power which our Creator hath bestowed, we will employ 
the arms which our implacable enemies have compelled us to 
use, with unabating perseverance and at every hazard, for the 

* The population of Massachusetts, at this time, was upwards of four 
hundred thousand, including Maine, which consisted of about ninety-five 
thousand. The harbor of Boston, and most of the coast, were exposed to 
British armed ships ; and the fishing and coasting business, as well as for* 
eign navigation, were entirely suspended. 

32 



262 HISTORY OF MASSACHUSETTS. 

preservation* of our liberties; being with one mind resolved to 
die freemen rather than to live slaves. But we have not raised 
an array with the ambitious design of separating from Great 
Britain, and establishing independent states. We fight not for 
glory or conquest. In our own native land, in defence of the 
freedom which is our birthright, and which we have ever 
enjoyed till the late violations of it, for the protection of our 
property, acquired by honest industry, against violence actually 
offered, we have taken up arms. We shall lay them down 
when hostilities shall cease on the part of our aggressors, and 
not before." 

It required great attention and prudence to introduce the 
necessary discipline among the troops. They were the yeo- 
manry of the country, and had voluntarily engaged in military 
services, from purely patriotic motives. Most of them were 
unused to a military life, and insensible of the necessity of 
subordination and strict obedience to their officers. The insuf- 
ficiency of cannon, fire-arms, and powder, was another serious 
defect, requiring early attention. The towns were called upon 
by the congress of Massachusetts, at the request of General 
Washington, to send a portion of their common stock, which 
which was soon forwarded ; but there were very few cannon to 
be had in the country. Some were brought soon after from 
Ticonderoga and Crown Point, .which had been captured in 
May, of that year, by volunteers from Connecticut, Vermont, 
and the county of Berkshire, in Massachusetts. The greater 
part taken at those places, however, was not transported until 
the winter following, when the conveyance was comparatively 
easy. General Washington also called for more of the militia 
of Massachusetts, as it was apprehended the British would 
make an attack on the American lines, and the number of the 
militia assembled was not found to be so great as had been first 
reported. 

A committee of the Massachusetts assembly was sent to Lake 
Champlain, in June, to see if the cannon and other military 
articles, lately taken in the forts there, could be removed to 
Cambridge, or secured for future use : and to take necessary 
measures for the defence of the northwestern frontiers, from 
depredations by the British and Indians. The committee 
continued at the lake several weeks, and ordered on some com- 
panies from Berkshire, to keep possession of the forts which 
had been captured. Some men also were soon after sent on 
from New York to that quarter. A statement was early made 
to the continental congress, by Massachusetts, of the importance 



HISTORY OF MASSACHUSETTS. 263 

of retaining these forts, as well as of taking possession of Cana- 
da. And an expedition was prepared, a few months after, 
under Generals Montgomery and Schuyler, for that purpose. 
Major Hawley was early in favor of such a measure ; for he 
considered it highly important for the safety of the New Eng- 
land colonies, that an efficient military force should he sent to 
Lake Champlain, if it did not proceed any farther. 

The British army remained quietly in Boston for the residue 
of the season. Governor Gage went to England in September, 
and General Howe took the chief command. Generals Bour- 
goyne and Clinton were then with the British troops in the 
capital. They arrived a short time before the battle of Bunker 
Hill in Charlestown. The British armed vessels, however, 
committed depredations in several places on the sea board. A 
large American ship, with a valuable cargo, going into the harbor 
of Gloucester, in August, was taken by boats from a frigate 
at a little distance. But the frigate did not approach very near 
her, for fear of grounding. The people of Gloucester recap- 
tured the ship with their boats, and carried her into the harbor 
in safety ; and the British marines, who had boarded her from 
the frigate, were lodged in the county jail. In October, Bris- 
tol, in Rhode Island, was bombarded by three British ships-of- 
war ; a good deal of damage was done, and most of the inhab- 
itants left their homes. About the same time, Falmouth, on 
Casco Bay, (Maine) was attacked and burnt by the British, 
who visited the place to obtain spars for the use of the ships in 
Boston harbor. The people refused to furnish the spars ; and 
after a few hours notice, and most of the inhabitants had time to 
depart, the town was bombarded, and most of the houses and 
stores were burnt. 

The Americans were engaged in fortifying Prospect Hill 
and Lechmere's Point, in Cambridge ; and two eminences in 
Charlestown still nearer to the neck leading to Bunker Hill, 
where some of the British troops were stationed. Roxbury was 
also fortified, and other places between that town and Cam- 
bridge, near the bay, to check the enemy if they should attempt 
to land from Boston. 

The provincial congress of Massachusetts had been very 
vigilant and prompt in providing for the public defence; but 
the general court, formed the latter part of July, had much to 
perform for the same purpose. It was a difficult task to furnish 
provisions for so many troops ; and yet more difficult to obtain 
the military stores which were wanted. Loans were solicited, 
and large sums were collected in that way ; but not sufficient 



£64 HISTORY OF MASSACHUSETTS. 

for the calls and expenses of the occasion. The continental 
congress, at this time, called for three million dollars ; and Massa- 
chusetts was assessed a sixth part of the sum. A tax of £40,000 
was laid, and an emission of paper money voted, to the amount 
of £100,000. Two powder mills were erected, at the expense 
of Massachusetts ; one at Andover, and one at Stoughton ; and 
afterwards, a third at Sutton. Privateers, were also fitted out 
by consent of the general court, which were very successful in 
taking British transports on the coast. 

The inhabitants of Boston, who remained in the town, were 
subject to great privations and sufferings, and to harsh and severe 
treatment from the British. Contributions were made for their 
relief, by the people in all parts of the colonies, but it was diffi- 
cult to convey it to them. 

The general court made a request to the continental congress, 
to hold its meetings in Massachusetts, near Boston. This was 
declined ; but a committee' of that body was sent to Cambridge 
to confer with the executive of the state, and the commander- 
in-chief of the army. Dr. Franklin was one of the committee 
on the part of congress, and Bowdoin, Sever, Otis, and Spoon- 
er, on the part of Massachusetts. It was agreed to raise an 
army of twenty-four thousand men for the ensuing year, and to 
call on the several colonies for their respective proportions of 
money to meet the necessary expenses. Soon after, congress 
issued a large amount of paper money : they said, " they could 
not borrow, and the people were unable to pay great taxes ; 
and that they had ho other resources but the worth of this 
fertile country. That on the credit of such a bank, they had 
emitted bills, and that the faith of the continent was pledged to 
redeem them." 

In urging the people to enlist, the committee of the general 
court said, " Happy will he be who shall be able to boast, 
that he was one of those who assisted in the arduous but noble 
work of defending the liberties of his country." Washington 
said, " We have taken up arms in defence of the liberties of 
our country, and we are determined to maintain them, or die in 
the struggle." About this time, the liberty tree, so called, in • 
Boston, was cut down by the British ; which gave occasion to 
one of the patriotic citizens to say, "that the American tree 
of liberty was too firmly rooted to be destroyed by all the power 
of Britain." 

Some small skirmishing took place in the month of Septem- 
ber, between the American and British outposts. One was at 
Q harlestown neck, where several of the British were wounded, 



HISTORY OF MASSACHUSETTS. 265 

One was on the neck between Boston and Roxbury, near the 
British fortifications, when some of their barracks were burnt. 
And one at the light-house, where some Americans attempted to 
injure the light, that it might be of no benefit to the British 
vessels. At this time, companies and parts of companies of 
militia, were stationed at Braintree, Scituate, the gurnet in 
Plymouth bay, and other places on the sea board. 

Among the acts of the first general court, a law was passed 
for the appointment of justices of the courts of common pleas, 
justices of the peace, sheriffs, and other civil officers :. and the 
commissions of persons who had been appointed by the gov- 
ernor and former council were declared to be vacated and null 
Justices of the superior court were not appointed till Novem- 
ber. These were John Adams, William Cushing, N. P. Sar- 
geant, R. T. Paine, and William Reed. Sargeant, Paine, and 
Reed declined ; and Jedediah Foster and James Sullivan 
were appointed soon after. 

Application was made in October to the continental congress 
for a reimbursement for expenses, in men's wages, provisions, 
and military stores. Massachusetts had then paid, for provis- 
ions and military articles, £10,000, from April to August; 
£65,000 for wages, and for clothing, £16,000. Besides the 
army at and near Cambridge, those on the seaboard at different 
places amounted to nearly two thousand. The general congress 
advanced £133,000. 

At this period, there was little expectation of being again 
united to Great Britain ;'though all hope was not yet extinguished 
of such an event. If the councils of Pitt, and other British 
statesmen of his views could prevail, there would be cause to 
expect a reunion. It would have been more difficult, probably, 
to adjust the dispute than ten, and even five years before. But 
the spirit and measures of administration left little to hope ; and 
the British nation generally supported the ministry in its policy 
towards America. It was necessary, therefore, to continue 
preparations for the defence and welfare of the country. It 
was an object to have Canada on the side of the other colonies, 
or to prevent any injury from a union of the British and Indians 
in that territory. Massachusetts assisted in the expedition into 
that country, planned by congress under General Montgomery; 
and General Washington sent twelve hundred troops from 
Cambridge, in September, by the way of Kennebec River, to 
assist in the reduction of Quebec. This enterprise proved 
unsuccessful. Montgomery was fortunate, indeed, in taking 
Montreal and some other places ; but when he proceeded to, 



266 HISTORY OF MASSACHUSETTS. 

Quebec, he had but few troops ; the city was strongly fortified ; 
he made the attack without sufficient preparations ; and fell in 
the first onset. 

It was soon perceived that armed vessels might be of great 
benefit, by taking British transports with provisions and military 
stores sent from England and Ireland for the army in Boston. 
Some private vessels had already captured several large ships 
with valuable cargoes. The general court voted £50,000 for 
this purpose; and several ships and brigs were fitted out in the 
latter part of 1775. The British small vessels sent out from 
Boston for plunder on the coasts, were by this means prevent- 
ed doing the injury which they intended to the inhabitants, or 
obtaining the supplies needed for the troops in the capital. 
Captain Manly, of Marblehead, was distinguished for his bravery 
and enterprise on this occasion. 

Orders were issued in the fall, for enlisting men for one year 
to serve in the continental army. Though this order was 
agreeable to a vote or request of the general congress, each 
state was to furnish a particular number, according to its popu- 
lation. The term, for which the men then in camp had enlist- 
ed would expire with the present year : and it was requisite to 
have the new troops on the spot the first of January. The 
enlistment proceeded very slowly ; and at the latter part of 
December only a small portion required had engaged for the 
succeeding campaign. The general court immediately gave 
orders to reenlist those then in the camp for three months, and 
until men for the year could be procured. At this time, 
General Washington requested five thousand of the militia, and 
they were called in, at very short notice ; and, on the first of 
January, 1776, he made a requisition for six regiments of mili- 
tia, which were also immediately put under his command. He 
was then meditating an attack on the enemy in Boston, and 
the other troops under him did not exceed nine thousand. For 
a great part of the winter, Massachusetts furnished between 
eleven and twelve thousand men of the American army. 

It was the opinion of the people generally, at this time, and 
of many members of congress, and of the general court of Mas- 
sachusetts, that an attack on the British in Boston would be 
proper, and might be successful. The public feeling is often 
excited without good reasons, or a correct view of facts, accord- 
ing to which a just decision can be formed. The people judge 
according to their wishes, rather than mature reflection. They 
thought more might have been clone for six or eight months, 
and with a number of troops much larger than the British. 



HISTORY OF MASSACHUSETTS. 267 

But they did not consider, that the American army was com- 
posed of undisciplined troops, and had a scanty portion of mili- 
tary articles. General Washington was sensible of the expec- 
tation and feelings of the people. He held a council of war 
on the subject, but the officers advised against an attack. But 
Colonel Knox, who was sent early in the winter to Albany, to 
provide means for transporting the remainder of cannon taken 
on the lake, returned in February. And the commander-in- 
chief again summoned a meeting of the officers, to consider the 
expediency of an expedition against the enemy in the capital. 
Many were still opposed ; but he was anxious himself, that an 
attempt should be made, and he knew that he might be charged 
with inaction, if he did not make an effort on the occasion. It 
would be desperate to attempt to enter Boston by land over 
the neck, for the place was strongly fortified by the British, 
and the pass very narrow. The only way would be to pass 
on the ice to the west part of Boston, or to the common. The 
plan was settled, to pass over from Cambridge and Brookline, 
in two divisions, under Generals Sullivan and Greene, and 
General Putnam to command the whole expedition. After- 
the arrival of the cannon, and this plan was matured, the- 
weather was so mild as to render its execution impracticable.* 
When this plan failed, it was determined to take possession 
of the heights in the north part of Dorchester, the nearest spot 
to Boston not in possession of the British. A detachment was 
sent from the division at Roxbury, under General Thomas, on 
the night of the 4th of March. A heavy cannonade had been 
kept up from the American camp, for several days, to divert 
the attention of the enemy. By the morning a sufficient breast- 
work was thrown up, which surprised the British in Boston, as- 
much as that on Breed's Hill, in Charlestown, on the 17th of 
June. The enemy were fully aware of their exposure, both 
in Boston, and in the harbor, from this fortress; and concluded 
that they must drive the American troops from the heights, or 
leave their station. A plan was formed to attack the fort, but 
a storm prevented the enterprise: and on the 17th of March, 
the British troops and fleet departed from Massachusetts ; ex- 
cept that several of the armed vessels remained in the lower 
harbor of Boston for some weeks later. A great part of the 



* " It is not in the pages of history," said Washington in a letter, at this 
time, " to furnish a case like this : to maintain a post for six months, within 
musket shot of the enemy, without ammunition; and at the same time, to 
disband an army and recruit another, within that distance of twelve thou- 
sand disciplined and regular troops." 



268 HISTORY OF MASSACHUSETTS. 

British navy bad left Boston before this time, and proceeded 
to New York, and thence to South Carolina. Those who 
left Boston on the 17th of March, went to Halifax; and soon 
after to New York, with the regular troops, composing the 
army intended to subdue the colonies. 



CHAPTER XIX. 



General Washington, with' the American army, proceeds to New York- 
Address of the General Court and people of Boston, to Washington — 
General Thomas ordered to Canada with several regiments — The expedi- 
tion unsuccessful — Death of General Thomas — Declaration of Indepen- 
dence — War. in the Middle States — Tories — Militia discipline — Style of 
writs altered — Calls for the Militia — Great efforts to recruit the Army — 
Paper money depreciates — Laws for the relief of the people, and against 
monopolies — Military affairs at and near New York — Washington pro- 
ceeds to Delaware — Battle of Trenton and Princeton — Success of Ameri- 
cans under Washington — Enlistments for 17/7 — Difficulty of raising men 
for three years — Large bounties given — Massachusetts' Regiments — New 
emission of paper — High taxes — Attack on Rhode Island, and on St. 
Johns, in Nova Scotia. 

General Washington left Cambridge soon after the de- 
parture of the British, with a great part of the American army> 
for New York, where it was supposed the enemy would make 
their next attack. The general court requested him to leave 
six regiments, for the defence of Boston and vicinity, in the 
apprehension that the British might return, after the American 
troops were withdrawn. He consented that three regiments 
should remain, which was as great a portion of the army as 
could well be spared. Some had already been ordered to 
Canada, under General Thomas ; and the residue would be 
necessary to check the British at New York, if they should 
visit that place. The troops left for the defence of Boston and 
the seaboard, were put under command of General Ward. 
And three other regiments were soon after raised by the 
general court, to provide an adequate protection. 

Before General Washington left Massachusetts, he was ad- 
dressed by the representatives, declaring their entire approba- 
tion of his conduct, and their admiration of his prudence and 
firmness in the arduous office he sustained. The inhabitants 
of Boston also addressed him, when he marched into the town, 
after the British had left it, and assured him of their confidence 
in his wisdom and patriotism. 

The troops ordered to Canada, were chiefly from Massachu^ 
33 



270 HISTORY OF MASSACHUSETTS. 

setts ; but before they reached Quebec, the British were 
reinforced, and the Americans were retreating. The men 
under General Thomas were worn down by the fatigue of a 
long march through an unsettled country ; and the officers ad- 
vised to retire to Montreal. The whole number of American 
troops did not exceed two thousand, and scarcely three hundred 
were fit for active service. The time for which some of them 
had enlisted was expired. They therefore retired to Montreal, 
and thence to Crown Point. General Thomas was seized 
with the small pox, and died before the troops reached the 
last named place. The retreat was conducted with good 
judgment; and much caution and promptness were necessary 
to avoid the superior force of the British. 

General Thomas was a native of Plymouth county, and of 
a very respectable family. He was in the campaigns of 
1758-'60, when his conduct, both as an officer and a man, 
was highly honorable, and received the special commendation 
of Governor Shirley. General Thomas was succeeded by 
General Sullivan, for a kw months, when General Schuyler, 
of New York, was appointed to the command in the northern 
department. But the British soon recaptured all the fortified 
places on the lake. 

During the sitting of the general court, in May, 1776, they 
passed an order, calling on the people to express their opinion, 
as to the formal and entire separation from Great Britain, and 
requesting them to instruct the representatives, then about to 
be chosen, on the subject. The question of independence be- 
came a topic of very general discussion. A reconciliation with 
the government of England was at this time expected by very 
few. But it was thought most proper to have the sentiments of 
the people, expressed in their primary assemblies. The town 
of Boston, and many others in Massachusetts, declared them- 
selves in favor of the measure ; referring the subject, however, 
to the continental congress, in whose patriotism and intelligence, 
they said, they had perfect confidence. Some of the leading 
characters wrote to the delegates in the general congress, and 
urged to a formal act of separation from Great Britain. It was 
believed, that such a measure had become necessary. The 
condition of the colonies was such as to expose them to the 
heavy charge of rebellion ; and a civil war was odious to the 
minds of many. There was no hope of a restoration of former 
rights and privileges; and it was said, that the people would 
act with more decision if they were wholly separate from Eng- 
land, and a distinct nation. They were ready for a revolution; 
and a formal declaration of independence would place them in 



HISTORY OF MASSACHUSETTS. 271 

an attitude different from that of rebels. On the fourth of 
July following, the continental congress, after most mature 
consideration, declared the American colonies to be Sovereign 
and Independent States, and asserted their right and title to all 
the attributes of such a station, among the nations of the earth. 
The intelligence was received in all parts of the country with 
great welcome and rejoicing ; but in none more than in Massa- 
chusetts. 

There were, in all the colonies, a greater or less number 
who disapproved of the opposition made to the parent govern- 
ment, and who, on this account, were obnoxious to the great 
body of the people. But there were different classes among 
them. Some were chiefly apprehensive of the consequences 
of opposition, and believed it would be impossible to succeed: 
others, who were mostly officers of the crown, were more bitter 
and virulent in censuring the friends of liberty. The latter 
joined the British in Boston, for safety, and went with them to 
Halifax. A part of these never returned, and were supported 
by the British government : others came back and threw them- 
selves on the mercy of the government. They were impri- 
soned for a few months; and it was long before the prejudices 
of the people against them were entirely eradicated. 

Several months before the declaration of independence, the 
general court of Massachusetts voted, to alter the style of writs 
and other legal processes, substituting " the people and govern- 
ment of Massachusetts," for "George the third ;" and in dating 
public official papers, the particular year of the reign of the 
king, which had been in practice, was omitted. A law was 
made, for the training and discipline of the militia. They 
were liable to be called for, at any hour; and it was judged im- 
portant to have them instructed, in some measure, in the mili- 
tary art. The system of military discipline and exercise pre- 
pared by Colonel Pickering, in the fall of 1774, with some 
improvements, which he had made in it, was adopted for the 
guide of the militia, by authority of the general court. 

After the British troops left Boston, the general court of 
Massachusetts was relieved, in some measure, of the great care 
and anxiety which had rested on it, to provide for the defence 
of the country. Yet the duties still to be performed were but 
a little less onerous than during the first year of the war. The 
enemy invaded New York, in June, with a large army from 
Halifax and England ; and a great force from Canada was also 
advancing on Lake Champlain. The fear of another attack 
on Boston was removed ; but great exertions were necessary 
to raise the proportion of men, required to act against the 



272 HISTORY OF MASSACHUSETTS. 

British in other parts of the country, and to pay the amount 
called for by congress, to support the continental army. 

Soon after the British arrived at New York, General Wash- 
ington called on congress for more troops, and they recommend- 
ed to the several states to furnish them. The general court of 
Massachusetts voted to raise five thousand men, on this occa- 
sion, for the term of six months. The time was critical, and 
demanded extraordinary efforts. The British army at New 
York consisted of twenty thousand; and a large force was 
advancing from Canada, at the same time. In the preamble 
of the resolve for raising these men, it was said, "the unre- 
lenting spirit of the British ministry was pushing them on for 
the destruction of America and to enslave us forever; but we 
trust, that a manly and brave resistance will defeat their wicked 
design : though the number of men called for is large, this is 
not to be regarded, when we consider the noble object we have 
in view. We trust our fellow-citizens will not confer with jlesh 
and blood, but will readily and promptly fill up the regiments 
required, that we may be able to defeat the plans of our cruel 
oppressors." £50,000 were voted for bounties, and the ad- 
vance pay for one month. The general court also consented, 
that two of the regiments, left for the defence of Boston in the 
spring, should proceed to join the main army at New York, 
and ordered the militia to be in readiness to march for the 
protection of the metropolis, whenever it should be necessary. 
In addition to all these efforts, other regiments of militia were 
soon after ordered to New York, from Bristol and Plymouth 
counties; and some from Berkshire and Hampshire counties, 
to reinforce the northern army. 

In September, another call was made by General Washing- 
ton, for more of the militia; and the general court ordered 
every fifth man to march. The enemy soon after appeared off 
Rhode Island, and a part of the militia were ordered to pro- 
ceed for the defence of that place. General Lincoln was ap- 
pointed to command those destined for New York ; and march- 
ed, with a great number, as far as Fairfield, in Connecticut. 
But the British, at the time, discovered no design to penetrate 
into the country, and the men were discharged within three 
months, the term for which they were enlisted. 

Nothing but a most devoted spirit of patriotism, and a strong 
love of liberty, could have prompted to such sacrifices and 
efforts. In other times, the expenses and exertions of the year 
1776, alone, would have discouraged the inhabitants. The 
greater part of the whole male population was engaged in the 
public service, in the course of the year. It also required large 



HISTORY OF MASSACHUSETTS. 273 

numbers to attend the waggons of provisions and stores ; ship- 
carpenters were sent to the lake to build boats ; and women 
and children were obliged to perform the ordinary labor of 
agriculture. 

While the general court was so much occupied in providing 
for the military service, their attention was also required to the 
internal, affairs of the state. The people were so pressed with 
public claims, that they were unable to meet private demands. 
Laws were made for their relief, by suspending legal processes 
for the collection of debts. The paper money depreciated ; and 
the soldiers and their families suffered much by it. A committee 
was appointed, to meet others from Connecticut, Rhode Island 
and New Hampshire, to adopt measures for preventing the 
depreciation of the bills, and a spirit of monopoly and specula- 
tion which prevailed: the committees had two meetings, but it 
was found impossible to remedy the evil. 

The efforts of General Washington, in the summer of 1776, 
to check the British at New York, were ineffectual. Their 
army numbered more than twenty thousand ; and the Ameri- 
can regular troops were but little more than half that number, 
to which may be added the militia for short periods ; but whose 
term of enlistment often expired when they were most wanted. 
A large part of the American troops were then at the north, 
under Schuyler and Gates, to oppose the British from Canada. 
General Washington could only give the enemy some check in 
their movements, and make good a retreat, when they ap-? 
p roach ed with a formidable force. There were several engage-s 
ments between large portions of the two armies, in the course 
of the season, on Long Island, at and near the city of New 
York, and in the country near the Hudson ; in which many 
were killed on both sides. But the British generally succeeded 
in driying the Americans from the forts and positions they had 
taken; and General Washington was obliged to retire through 
New Jersey, and cross the Delaware. There he formed the 
bold plan of recrossing the river, and making an attack on the 
enemy, who had pursued him to Trenton, though he had only 
about two thousand two hundred men. It was the last of De- 
cember, and the most of those then with him would soon finish 
their term of service. He recrossed the Delaware, near Tren- 
ton, with great difficulty,* as there was ice in the river; and sur- 
prised and captured a large body of the enemy. He pursued 
those who retired, to the vicinity of Princeton, and there gained 
a second victory. These daring attacks induced the British to 

* Two detachments of the American troops were not able to pass over. 



274 HISTORY OF MASSACHUSETTS. 

go into winter quarters; revived the almost expiring hopes of 
the Americans ; and gave opportunity to fill up the enlistments 
for the future. Congress had, before this time, recommended 
to the states to raise seventy-five thousand men, for the term 
of three years, or during the war. And the portion for Mas- 
sachusetts was fifteen regiments, being more than a sixth part 
of the whole number required. The following year, two more 
regiments were added from Massachusetts, one of which was 
artillery. A bounty was also given, to induce men to enlist ; 
and in most cases clothing was furnished, and some pay ad- 
vanced by the state. 

The British sent a fleet, with six thousand troops, to Rhode 
Island, who landed at Newport, in December; which gave 
great alarm to the people of that state and of Massachusetts. 
The militia were called out in great numbers, to check the 
enemy, on this occasion. The militia in Berkshire were 
ordered to be in readiness, to march whenever called for, to 
recruit the army near Lake Champlain ; and were furnished 
with arms at the expense of the slate. 

At the close of 1776, it was found that £150,000 had been 
expended by Massachusetts, to comply with recommendations 
of the continental congress, exclusive of various expenses for 
the defence of the state, and of the services of the militia at 
Rhode Island. On application to congress, for a reimburse- 
ment, £100,000 was received. General Washington bore 
testimony to the promptness of Massachusetts at this time, and 
to the activity and bravery of the militia which were furnished. 
Early in 1777, two thousand of the militia of Massachusetts 
were sent on to join Washington in New Jersey. His army 
was still very small : for the enlistments of regular troops were 
not so readily made as had been expected. In all the states, 
the men engaged for three years, and during the war, with 
great reluctance. The general court of Massachusetts offered 
an additional bounty, to be paid by two instalments, and 
furnished a large number of blankets ; so that the poor soldiers 
had not to pay for them with depreciated paper. Still it was a 
long time before the full number could be raised ; nor was this 
effected till orders were issued for the several towns to raise 
their proportion by classes, and to engage them on such terms 
as they might be able. The regiments raised in Massachu- 
setts were marched chiefly to the north-west, to oppose the 
British in that quarter ; and the others were ordered to the 
south, to join the main army under General Washington. 

In the spring of 1777, General Ward resigned his command 



HISTORY OF MASSACHUSETTS. 275 

of the troops in and near Boston, and General Heath was ap- 
pointed in his place. A commission as major-general in the 
continental army was now given to Benjamin Lincoln, who 
had been a brigadier before. Colonel Henry Knox was ap- 
pointed brigadier general of artillery ; and Glover, Patterson, 
Learned, and Nixon, brigadiers in the infantry. The public 
and private armed vessels captured several valuable ships, be- 
longing to the British. From the first of July, 1775, to the 
last of December, 1776, it was estimated that the cargoes thus 
taken, were worth one and a half million sterling. 

There had been a great difficulty in providing fire-arms for 
the men raised in Massachusetts and the other parts of the 
country. A large quantity arrived in March, 1777, with other 
valuable articles, from France. And a supply was thus obtain- 
ed for the troops then preparing to join the American army.* 
The expenses and debts of the state were such, at this period, 
as to require another large emission of paper, and a tax of 
£100,000. The amount of bills was £125,000; but these 
depreciated as soon as issued, and the taxes were not easily 
collected. This was a time of very great distress and suffering. 
Every thing not absolutely necessary for the support of the 
people at home was furnished the army. Provisions from the 
western counties were sent on to the troops near Lake Cham- 
plain. For the population far from Albany was then very thin, 
and Vermont was just beginning to be settled. The inhabi- 
tants on the seaboard were unable to procure grain and flour 
from the south. Few had a competency ; none could boast of 
abundance. 

In April, the militia were ordered out again in large numbers ; 
some to Providence and Rhode Island, and some to the army 
on the Hudson, above Albany. The enemy were very strong 
in that quarter. General Burgoyne had the command, and 
was threatening to push forward against the Americans. There 
was also a plan, this season, to drive the British from Rhode 
Island ; and Massachusetts furnished most of the men for the 
enterprise : and for the greater part of the summer and fall, 
the number of three thousand and twenty-five hundred were 
furnished, for a larger or shorter term. The enterprise did not 
succeed ; for the British fleet had command of the bays and 
waters in that vicinity. 

In June, 1777, Massachusetts sent a regiment of men, and a 

* The commanders of the regiments belonging to Massachusetts, were 
Vose, Bayley, Greaton, Shepard, Putnam, Nixon, Francis, Brewer, Alden, 
M. Jackson, Wesson, Marshall, Bradford, Smith, Bigelow, H. Jackson, and 
Crane. And soon after, Brooks and Sproat. 



276 HISTORY OF MASSACHUSETTS. 

small naval force, for the relief of St. Johns, and other places 
on the Bay of Fundy, where the people were friendly to the 
American cause ; and who, on that account, were frequently 
harassed by the British from Halifax. Congress gave its consent 
to the expedition, but afforded no assistance. Unexpected 
difficulties occurred, which prevented the execution of the plan ; 
and the naval force of the British was too large to ensure success 
on the water, in that quarter. 



CHAPTER XX. 



A Constitution proposed and formed by General Court, but rejected by 
the majority of the citizens — Large body of the Militia called out — 
Northern Army — Tin- British advance — Battle near Lake George and at 
Saratoga — British army captured. October, 1777 — Affairs at the south, 
ami in the middle states — Battle of Brandywine and of German to wn ■ — 
British take possession of Philadelphia, and the American armv have 
quarters at Valley Forge, in vicinity — The men surfer much for want of 
clothes — Heavy assessments laid on the states by Congress — More men 
required — Loans — Appeals to the People — Confederation — John Ad- 
ams Envoy to France and Holland — An able Negotiator — Delegates to 
Congress, and Judges of Superior Court, 1773. 

At the session of the general court, in June, 1777, it was 
proposed to prepare a civil constitution for the state, and a com- 
mittee of twelve was appointed to present a form at the next 
meeting. The subject had been suggested during the prece- 
ding winter; and it had been recommended to the people, by 
the general court for 1776—7, to choose their representatives 
with a view to their forming such a constitution. Many of the 
towns were opposed to this mode of preparing a form of gov- 
ernment. It was contended, that it should be done by dele- 
gates chosen for that specific purpose, and not by the general 
court. The committee, however, reported a constitution in 
January, 1778 ; which was submitted to the people, and 
rejected by a great majority. It was prepared at short notice, 
and not sufficiently matured. The greatest objection to it was, 
that there was no bill of rights ; or that the natural and unalien- 
able rights of the people were not expressly reserved and 
secured. The executive power was not fully and exclusively 
given to the governor ; and yet he was to be president of the 
senate. But in many respects its outlines were similar to th 
of the form of government prepared and adopted in 1780.* 

The British army from Canada made advances on the Hud- 
son towards Albany, in August, and it was so formidable, that 

* See Appendix. 

34 



278 HISTORY OF MASSACHUSETTS. 

more of the militia were called for from Massachusetts and the 
adjoining states. A great number, also, at this time, were serving 
for the protection of Rhode Island. But the case was so 
urgent, that the general court ordered reinforcements from the 
militia in Berkshire and Hampshire; and a few weeks after 
from the counties of Worcester, Middlesex, Essex, and York. 
The feelings of the people fully responded to the address of their 
representatives, on this occasion ; who said, " We rely on that 
public virtue, and that unbounded love of freedom and of coun- 
try, with which the militia of Massachusetts have always been 
inspired." Large sums were appropriated for provisions for 
these troops and those previously in that quarter ; and for 
making the roads passable through the western part of the state, 
and over the Green Mountains. Every seventh man in the militia 
was called out, at this time ; and what, with the continental regu- 
lar troops, and the militia at Rhode Island, and on duty at various 
places on the seacoasts, within the state, amounted to about 
every fifth able-bodied man ; making in the public service, for 
August, September, and October, not less than twenty thousand. 
The American troops near Lake Champlain, and on the Hud- 
son River, were commanded by General Gates; General Lin- 
coln, of Massachusetts, had been designated by Washington for 
the command ; but was not able to proceed when first selected. 
But he arrived in camp soon after the brilliant affair at Ben- 
nington, when the brave General Stark, with the militia of 
New Hampshire, surprised and captured the greater part of an 
advanced detachment of the British army. The British lost 
nearly one thousand men in this affair, in killed and taken ; 
and the whole party under Stark scarcely amounted to that 
number. General Lincoln saw the exposed situation of the 
British army, as it had advanced south of Lake Champlain, at 
a distance from the fortified places, and he made a diversion in 
their rear, to cut off all communication with those forts ; when 
it became necessary for General Bourgoyne to press on, where 
he would be opposed by General Gates with a large force, or 
to return to the lake, when he would be between two assailing 
armies. General Lincoln left a considerable force in the fort 
at the south part of the lake, and joined the main army under 
General Gates, near Saratoga. A severe action took place be- 
tween the British and American forces, on the 19th of Septem- 
ber. Almost the whole of the British army and a great part 
of the Americans were engaged. The attack was begun by 
three British regiments on a detachment of the Americans, and 
about a mile in advance of their main body. The British were 
repulsed; but soon resumed the attack with additional num- 



HISTORY OF MASSACHUSETTS. 279 

bers. The Americans were also reinforced by another division; 
and the whole of the enemy were soon engaged in the battle. 
The American army maintained its position. The British 
retired to the place whence they made the attack in the morn- 
ing, with the loss of about one thousand, in killed, wounded, 
and taken ; while those of the Americans did not exceed three 
hundred and twenty. 

On the 7th of October, there was another general engage- 
ment between the British and Americans near Saratoga. The 
right wing of the British attempted to take post on the left of 
the American main army. Three regiments of the Ameri- 
cans advanced to oppose them, about the distance of a mile, 
when each party aimed for an eminence which intervened. 
The Americans were so fortunate as to gain possession of it. 
The British attacked them, with great force and spirit, but 
were repulsed, and pursued to their lines by the Americans ; 
who entered one of their entrenchments sword in hand. The 
Americans remained for the night near the British lines ; and 
General Bourgoyne retired to a distant position which was 
strongly fortified. On the 19th he surrendered to the Ameri- 
can army. He was disappointed of the relief or support he 
expected, and his troops were exhausted by fatigue and want 
of provisions. The plan of the British had been to push on 
to Albany, and to join a detachment from New York on the 
Hudson River below that place, and thus to cut off all communi- 
cation between the New England states, and those south of 
New York. The defeat of this plan, and the capture of a 
large army of the enemy, of eight thousand men, was matter 
of great rejoicing in America. When the British began the 
campaign they were said to be ten thousand. The Ameri- 
cans under General Gates amounted to twelve or thirteen 
thousand; the greater part of which were from Massachusetts. 
General Lincoln was wounded, and taken off from active 
service for several months. Colonel John Brooks, of Massa- 
chusetts, was particularly distinguished in the engagements 
which preceded the surrender of the British army. Colonel 
Francis and Colburn of Massachusetts were killed in this 
campaign. General Stark, of New Hampshire, made a present 
of some of the military articles, taken by him from the British, 
to the general court of Massachusetts. A letter of thanks 
was written to him, and he was presented with a suit of clothes 
and apiece of linen ; which expressed their sense of his useful 
services, as well as a present of far greater value would have 
done, in more prosperous times. 

While these important events were passing, at the north, 



280 HISTORY OF MASSACHUSETTS. 

General Washington was watching the main 'army of the 
enemy, near New York, and preparing to defend the country 
from their incursions. He could act. judiciously, only on the 
defensive. The British were in possession of New York and 
a great part of New Jersey, with an army of veteran troops, 
more numerous than the American ; and their fleet gave them 
great advantages in all their operations on the seaboard. 
General Washington had not a force sufficient to justify an 
attack on the enemy. And one attempt, if unsuccessful, would 
probably have ruined the cause of America for ever. It was his 
policy, and the dictate of wisdom and patriotism, to move 
with caution, and to prepare himself to meet the British army 
with effect, when it could be done with hope of success, or 
when the defence of the country fully demanded it. 

The last of August, the British commander sailed from 
New York and landed twenty- five thousand men in Maryland, 
at Elk River, and not far from the borders of the state of 
Delaware. Washington, who was in the vicinity of Philadel- 
phia, marched immediately to' Wilmington, within a few miles 
of the enemy ; and the militia, in the lower parts of Penn- 
sylvania were called in to join him. The British approached 
within two miles of Wilmington, and then filed off for a fort 
on the heights of the Brandywine. General Washington 
perceived their design, and sent a detachment to take posses- 
sion before the enemy should reach it. This movement 
brought on a severe action, the following morning; which 
continued with some short relaxations, through the day, and in 
which the greater portion of both armies were engaged. The 
British had the advantage in numbers ; but by the skilful 
arrangements of Washington, and the bravery of his officers, 
the Americans maintained their position, and retired at evening 
in good order without being pursued by the enemy. Nearly 
one thousand were killed and wounded in the American 
army ; the loss of the British was reported to be much greater. 
The Marquis Lafayette, who had joined the American army 
a short time before, and was a volunteer in the battle, was 
severely wounded. But he was soon after appointed a major 
general, though only twenty years of age. He had" then 
been in America only a few months. A second battle was 
fought on the 5th of October, at Germantown, near Philadel- 
phia, between the troops under General Washington and the 
British commanded by General Howe. The attack was made 
by the Americans, with effect ; but a thick fog came on, 
which disconcerted the plan previously formed by Washing- 
ton. The enemy could not be discerned ; and different 



HISTORY OF MASSACHUSETTS. ,.281 

divisions of the Americans mistook each other for' British 
troops. A number of men were killed ; but neither army- 
could claim a victory. A small portion only of the troops 
under General Washington at this time, were from Massachu- 
setts. The enemy took possession of Philadelphia for the 
winter; and the quarters of the American army were fixed in 
the vicinity, at a place called Valley-Forge. The greater 
part of the troops who were at the capture of Bourgoyne 
joined the main army at that place in November, and re- 
mained there through the winter. Their sufferings were very 
great from want of suitable provisions and clothing, particularly 
the latter. 

The general court was in session the greater part of the 
summer and fall of 1777 ; and after a short recess, met 
again the last of November to consult for the public defence 
and safety. Congress had voted to call on the states for 
$5,000,000 ; and the sum required of Massachusetts was up- 
wards of $800,000; a larger amount than of any other state. 
The assembly immediately proposed to raise a loan of $250,- 
000, and voted a tax of $S00,000 ; but paper was then the 
currency of the country, and its real value far below the nom- 
inal. At this session, agents were chosen to request congress 
to adjust the claims of the state, as it was believed its ex- 
penses had been much greater than its just proportion ; and 
this would lessen the amount necessary for Massachusetts to 
raise, at that time. 

Orders were issued, at this period, for raising men to take 
the place of those whose term of service was about to expire, 
who had been called out for the defence of Rhode Island, 
and other places on the seacoasts ; and some were, enlisted 
particulary for the defence of Boston and the public stores 
deposited there ; as the regular regiments had been marched 
to the main army some time before. General Heath, then in 
the continental service, applied to the state for a loan of- 
$30,000; which was furnished; but the state had to borrow it 
of individuals. In February, 1778, the legislature chose a com- 
mittee to confer with General Washington, as to the additional 
number of men he might probably require for the approaching 
campaign ; and the committee were instructed to assure him 
" that the state of Massachusetts had a high and grateful sense 
of his incessant and unwearied services in behalf of the 
country, and would cheerfully cooperate with him, to their 
utmost ability, in endeavors to expel the enemy and to save 
America from thraldom and slavery." At the same time, 
the assembly voted to provide a full suit of clothes for all the 
soldiers in the continental army from Massachusetts; and to 



282.- HISTORY OF MASSACHUSETTS. 

make a grant to the officers who had been some time in 
service and who should promise to remain ; to field officers 
$150, and to others, $120. Some officers had then recently 
retired from the army, to take care of their families, which 
were in a destitute condition. 

When the committee returned from a consultation with 
General Washington, the legislature called on the towns 
which had not furnished their full quota of men, to raise them 
immediately ; and directed the attorney for the state to prose- 
cute them after a few weeks, if they should still be delin- 
quent. As it was found very difficult to enlist men for three 
years, the general court voted to raise 2000 for nine months, 
to fill up the regiments, which were deficient, and the enlistment 
for the longer term to proceed also with all possible despatch. 
The towns were required to give these men a bounty, and the 
state furnished arms and other military equipments. An addi- 
tional number of men, being 1500, were soon after ordered to be 
raised, partly for Rhode Island, and partly to defend the north- 
western frontier, where some British and Indians were still 
making inroads. 

Such exertions and expenses by the people, could not be 
expected without an appeal to their patriotism and their love 
of freedom, which had been proved to be equal to every ex- 
igency. "Act like yourselves," was the language addressed 
to them ; " arouse, at the call of Washington and your coun- 
try, and you will soon be crowned with glory, independence 
and peace. We must part with present ease and property, 
for a time ; and let us rejoice at the sacrifice. Let us antici- 
pate the joy which will fill our minds when we shall receive 
the reward of our labors ; when we shall see our land flourish 
in peace ; when grateful millions shall hail us, as the pro- 
tectors of our country's freedom, and an approving conscience 
shall light up eternal sunshine in our breasts." 
• In December, 1777, the continental congress proposed a 
plan of "Confederation and perpetual Union" between the states, 
which would give more authority to that body. Hitherto, its 
acts had been only advisory ; and it was provided by the pro- 
posed plan, that they should be binding on the several states. 
Massachusetts early assented to the system ; but some of the 
states declined for two or three years, which was attended with 
much weakness and evil to the interests of the country. 

Early in the year 1778, John Adams, of Massachusetts 
was appointed, by congress, ambassador to France, and em- 
barked at Boston in a continental frigate. Mr. Adams was 
some time at Paris, and afterwards in Holland, as minister to 



HISTORY OF MASSACHUSETTS. 283 

the United Provinces. He was an able negotiator, faithful to 
his high trust, and his services proved very useful to the 
country. The delegates appointed to congress, for this year, 
were Samuel Adams, Francis Dana, Elbridge Gerry, James 
Lovell, and Samuel Holten. Mr. Adams had been one of 
the delegates from the first congress, which was in September 
1774. The judges of the superior court at this time, were 
William dishing, IN. P. Sargeant, Jedediah Foster, James 
Sullivan, and David Sewall. When the general court ad- 
journed in March, they authorized the council to provide for 
the defence of the state, in any exigency which might occur ; 
and to order out 3000 men, if they should be requested by 
General Washington. 



CHAPTER XXI. 



British Army leaves Philadelphia — Battle of Monmouth — Massachusetts 
Regiments — General Lee arrested — Rhode Island invaded — Militia order- 
ed there — French Fleet — American Army retreat — Lafayette — Additional 
expenses and taxes in Massachusetts — New Bedford attacked and burnt 
by the British — Colonel Alden killed at Cherry Valley — General Gates 
commands in Boston sometime in 177S-9 — British Government offer to 
negotiate — Engage the savages — Finances — Congress call for money — At- 
tempts to prevent monopoly and speculation — Gen. Washington calls for 
more men — Want of provisions in Massachusetts — Officers of Army poor- 
• ly paid — Convention — Further requisitions of Congress — Penobscot ex- 
pedition — Further attempts to regulate the price of provision — Men and 
money called for — Bounties of land promised to officers and soldiers — 
Public Fasts. 

The British army left Philadelphia in June, 1778, and 
proceeded through New Jersey for New York. General 
Washington, with the American troops, pursued and gave them 
battle at Monmouth. He ordered an attack on their rear, and 
endeavored to bring on a general engagement ; for his men 
and officers were in high spirits, and his numbers were respec- 
table. General Lee, to whom an important command was 
assigned, failed to accomplish the object designated by the 
commander-in-chief, either through treachery or want of neces- 
sary promptness ; and the fortune of the day was far less 
favorable to the Americans than it promised to have been, 
when the attack began. The number of the enemy, however, 
killed, wounded, and taken, was about 2000 ; and the Ameri- 
cans had 350 killed and wounded, or who died by the exces- 
sive heat and the imprudent use of cold water. A large por- 
tion of the troops, engaged in this affair, were from Massachu- 
setts. General Knox commanded the artillery on that occa- 
sion, and received the special thanks of the commander-in- 
chief. General Lee was put under arrest for unmilitary con- 
duct and disobedience of orders.* 

* The battle of Monmouth was on I lay of June; and was long 

imbered as an uncomnrfonly hoi. day. Massachusetts had fourii en 
regiments in the engagement. General Lee was tried by a military court, . 



HISTORY OF MASSACHUSETTS. 285 

The British still kept possession of Rhode Island, and by- 
help of their fleet had command of the waters in the vicinity. 
They landed at Warren, in May, and took or destroyed the 
property of the inhabitants. And soon after visited Fall River, 
in the south part of Freetown, and set fire to mills and other 
buildings. In both these cases, they were attacked by the 
militia and were compelled to flee. There was a constant 
alarm in that quarter, for most of the summer. Great part 
of the militia in Dartmouth, Freetown, and Swanzey, were 
required to keep guard along the coast and near all the har- 
bors in those places. And the militia in large numbers were 
sent on to the borders of the state, from a great distance. In 
August, the plan was revived of a descent on Rhode Island, to 
drive the British from Newport. And a great number of 
militia were ordered to assemble in the vicinity for that pur- 
pose. Some regiments of regular continental troops were also 
sent on by General Washington to aid in the design ; and Gen- 
eral Sullivan was appointed to command the expedition. Mr. 
Hancock, who was a major-general of militia, commanded 
those who went from Massachusetts. Several volunteer com- 
panies joined him, from Boston, Salem, Beverly, Gloucester, 
and Newburyport ; and some from towns in Maine. The 
whole formed a large force : the British were estimated at 
8000 ; and were strongly fortified in Newport. It was a part 
of the plan, that a French fleet, then expected, should assist 
in the expedition. The Americans passed on to the Island 
and advanced far towards Newport, and began to throw up 
fortifications. The French heard of a British naval force corn- 
ing from New York and endeavored to meet them, but en- 
countered a severe storm, and was obliged to put away for 
Boston harbor, after suffering considerable loss by the gale. 

The British, from Newport, made an attack on the Ameri- 
can lines, and were received with great spirit. The attack was 
kept up most of the day ; and many were killed and wounded, 
both of the Americans and British ; but the former kept pos- 



soon after ; by which he was found guilty of the charges preferred against 
him; which were disobedience of orders, and for a disorderly and shameful 
retreat : and the sentence was that he be suspended from his command in the 
American army, for one year. In January, 1780, congress dismissed him 
from his rank; — and he retired from the public service. General Lee was 
a foreigner, and had been in the country but a short time before the war 
began. He was a conceited man, and considered himself better entitled to 
the chief command than Washington. It was doubtful whether his conduct 
originated in envy towards General Washington, or whether he was sin- 
cerely friendly to the British cause. 

35 



286 HISTORY OF MASSACHUSETTS. 

session of their entrenchments.* The enemy received large 
reinforcements in a few days, from New York ; when General 
Sullivan, by advice of his officers, concluded to leave the Island. 
The retreat was well conducted, and without loss to the Amer- 
icans.! 

The expenses of this expedition fell heavily on Massachu- 
setts, which furnished a large portion of the men engaged in 
it. 1 he militia were raised and paid by the state. The loss 
of labor, too, on the farmers, in August and September, was 
very severely felt. It was a time of great alarm; and extraor- 
dinary efforts were made either to force the enemy to leave 
the Island, or to prevent their depredations on the neighboring 
territory. Their vessels visited most of the bays and harbors 
on the coasts, and plundered the inhabitants of their sheep and 
cattle, fruit and grain. A squadron entered Buzzard's Bay 
and landed a number of troops in Dartmouth, near Bedford 
village. They marched up the river, about four miles on the 
west side, and through that village, where they set fire to sev- 
eral houses, and wounded two of the inhabitants. They 
passed down on the east side of the river, through Fairhaven 
village ; and there also burnt a number of buildings. A de- 
tachment of artillery attacked them, but too small to give them 
much annoyance. The lieutenant commanding the detach- 
ment was mortally wounded by the British. The militia from 
the neighboring towns collected by evening, and obliged them 
to take to their boats and return to the squadron in the outer 
harbor. Colonel Fearing, of Wareham, commanded the mili- 
tia that were out on that occasion. A large amount of proper- 
ty was destroyed by the enemy at this time, in the villages 
of New Bedford and Fairhaven. 



* About 200 Americans were killed and wounded in this engagement : 
among the former were two lieutenants in Col. H. Jackson's regiment, be- 
longing to Massachusetts. 

t The Marquis Lafayette was a volunteer in this enterprise. He came 
on from the main army, with General Greene ; and their advice and as- 
sistance were very acceptable to General Sullivan. When the French fleet 
put into Boston harbor, he went to that place, to consult with the admiral, 
and to urge him to afford further aid to the Americans. He hastened back 
to Rhode Island, and assisted in conducting the retreat after the reinforce- 
ments received by the British. Lafayette visited Boston again the winter 
following, and there embarked for France. His influence with the French 
ministry was highly favorable to America. He soon visited the United 
States again, and remained till the close of the war. He enjoyed the entire 
confidence of Washington ; and was the chief in active command at the 
capture of Cornwallis, in 1781. On that occasion, he rendered very efficient 
service. He visited America again in 1784, was greeted with peculiar wel- 
come by his companions in arms, and by the whole people. After a long 
period of reverses and trials, Lafayette once more landed on our shores and 



HISTORY OF MASSACHUSETTS. 287 

A party of continental troops, chiefly from Massachusetts, 
and commanded by Colonel Alden, of Plymouth county, who 
were posted at Cherry Valley, in 1778, about seventy miles 
west of Albany, were surprised by the British and Indians, 
in the month of November, and a great number of the Ameri- 
cans were killed or taken. It was an outpost built under the 
superintendence of Colonel Alden, and kept up for the de- 
fence of the inhabitants in the frontier settlements. At that 
period, the population was kw and scattered beyond Schenec- 
tady ; but it was judged necessary to have a fort in advance 
of the inhabitants to prevent the depredations of the enemy; 
and after the capture of Bourgoyne, several posts had been 
retained on the western and northwestern frontiers. The 
fort was attacked by surprise, the enemy having approached 
by a blind and unusual path, while two other ways to the fort 
were carefully guarded. The British and Indians numbered 
seven hundred ; no notice was received of their approach, till 
they rushed upon the fort and the house a few rods distant, where 
the commander lodged ; who fell before he could reach the 
fort. Lieutenant Colonel Tracy was taken, and about 
seventy soldiers were killed or captured by the savages. 

In November 1778, General Gales was appointed com- 
mander of the troops in Boston and vicinity, who had before 
been under the command of General Ward and General 
Heath. There was an apprehension, at that time, of a visit by 
the British fleet, which was formidable both at New York and 
Newport ; and which gave indications of preparing for some 
new expedition. The British commander was impatient of 
making an attack on places on the seaboard, which could be 
approached by a naval force ; and there was reason to sup- 
pose that the capital of Massachusetts was his particular 
object. Preparations were therefore made for such an event. 
General Gates remained at Boston and Providence through 
the winter ; and when he left the state he expressed his satis- 
faction of the measures of the general court and of the conduct 
of the people. 

An attempt was made by the British government, in the 
summer of 1778, to suspend hostilities and to open a dis- 
cussion for reconciliation. Commissioners were appointed to 
treat with congress, or with any separate state. No satisfac- 
tory proposition was made, but merely a vague promise of 

made a tour of the United States, in 1824 and 5; when he was received 
with such honors and rejoicing, as had been awarded to no one except Gen- 
eral Washington, the commander of the Ameiican army of the revolution, 
and the first President of the United States. 



288 HISTORY OF MASSACHUSETTS. 

pardon and of favor, on condition of a previous submission. 
The object probably was to gain time for further preparations 
to prosecute the war, to detach one state, or one part of the 
country from the rest, or to prevent an alliance with France, 
which the British dreaded, and which was then expected to 
take place. Besides, at this period, it was the determination 
of congress and of all the states not to relax in their opposition 
to England, until their independence was fully acknowledged. 
The plan of reconciliation, on the terms proposed by the 
British ministry, was considered, even by some statesmen in 
England, to be vain and impracticable. The proclamation, 
issued by the British ministry after congress rejected the 
proposition, threatening the Americans with all the vengeance 
and cruelty which savages could inflict, was condemned by en- 
lightened Englishmen, as unjust, unchristian and inhuman. 
They said " it was a proclamation contrary to humanity, to 
Christianity and to every principle of virtuous policy ; that it 
was their duty to soften the horrors of war, and to act as 
christians. But that now a war of revenge was threatened, 
such as Moloch in Pandemonium advised ; which would fix 
an inveterate hatred in the people of America against the very 
name of Englishmen, and which would remain to the latest 
posterity." And Burke asked — " against whom are these 
dreadful menaces pronounced, but against those who are 
conscious of rectitude, who are acting in a righteous cause, and 
contending for freedom and their country ?" 

Early in 1779, congress voted to raise $15,000,000, of 
which Massachusetts was to provide $2,000,000. It was 
provided, that the amount might be appropriated by the 
authority of the state, but for general or continental purposes ; 
and it was to be accounted for, on an adjustment between the 
state and the continent at a future time. Most of the ex-> 
penses for the common defence of the country were incurred 
originally by each state, and a claim thence arose on congress 
for reimbursement, when the just proportions of the respective 
states for the whole aggregate amount should be ascer- 
tained. 

The complaints increased, on the part of the great body of 
the people, of extortion, monopoly, and of the depreciation of 
the public paper occasioned by speculators ; and the atten- 
tion of congress was called to the subject. The attempt by 
the New England states, for this purpose, had proved in- 
effectual. Nor was it more practicable for congress to provide 
a remedy or a preventive. They recommended to the states, 
to regulate the prices of the common and necessary articles 



HISTORY OF MASSACHUSETTS. 289 

of living. It was a question with some members of congress, and 
with others in Massachusetts, whether such a measure would 
be practicable or politic. The system was approved by a 
convention of the northern states, which was held at Hartford. 
The legislature of Massachusetts gave its sanction, by passing a 
law in favor of it. But all proved ineffectual. Public opinion 
was such as to make it difficult to execute the law. Many 
doubted the right of the legislature to prevent speculation, or 
to regulate the prices of articles in any measure. Personal 
interest prevailed with too many, who had the ability to profit 
by the necessities and wants of the common people. The 
soldiers were obliged to part with their certificates of public 
service at a great sacrifice, and those who had articles 
for sale demanded exorbitant prices. In the spring of this 
year (1779,) there was such a scarcity of provisions, that the 
attention of the legislature was called to devise some relief. 
The summer of 1778 had been a very dry season ; the army 
had taken up great stores of meat and grain ; the British 
troops captured in October 1777, were supported in Massa- 
chusetts most of the time subsequently and through the year 
1778 ; and an embargo had been laid, so that vessels were 
prevented coming from the south, even if they might escape 
the British. The sum of $'200,000, (to be paid however, in 
paper much depreciated) was voted by the general court to 
purchase grain ; and it .was distributed principally among the 
people in towns on the seacoasts, who suffered much more 
than those of the interior parts of the state. Except for a 
few years in the early settlement of the country, the suffer- 
ings of the people had never been so great. 

The condition of the army, both officers and soldiers, was 
still such as to require immediate relief; and congress was 
unable to procure it. The soldiers of the seventeen regi- 
ments raised by Massachusetts were furnished with necessary 
clothing ; and the general court gave orders to the towns to 
provide for their families. And, as on a former occasion, 
advances were made to the officers, of different sums, accord- 
ing to their rank. 

In the spring of 1779, General Washington made a request 
for a reinforcement to the continental army. He inquired 
what number could be raised in Massachusetts. The general 
court replied, that if he thought the public service required 
it, they might raise two thousand, besides those now en- 
gaged, in the continental army, at Rhode Island, and on the 
seacoasts. Soon after, orders were issued to enlist one 
thousand five hundred for nine months, and the towns were 



290 HISTORY OF MASSACHUSETTS. 

required to furnish their respective quota. The towns which 
should furnish their proportions by the first of June were to 
receive a bounty from the state. A few weeks later, five 
hundred of the militia were ordered to Rhode Island and a 
regiment was raised to serve within the state, to defend the 
seacoasts. 

It was proposed again by the general court, in February, 
1779, to the people, to express their opinion of forming a con- 
stitution, and of calling a convention for that object. In June, 
a return was made of their votes on the subject. The majority 
given in was in favor of the measure, but many towns made no 
return. Precepts were issued for a convention to be held in 
September; and it was formed at that time. James Bowdoin 
was elected president. A committee was chosen to prepare 
the draft of a constitution; and after a few weeks, the conven- 
tion adjourned to January, 17S0. 

Congress made a requisition for $45,000,000; and the por- 
tion of Massachusetts was $6\000,000. It was to be paid in 
their own paper, before issued, which had become much de- 
preciated, so that the nominal sum was far beyond the real 
value.* Massachusetts obtained relief, however, under this 
heavy demand, by a loan from Congress, for three months, of 
$2,500,000. A request was also made to congress, to use the 
six millions for the immediate benefit of the state, as its ad- 
vances were already great to the continent; congress was not 
able to comply with the request, but acknowledged " the great 
zeal and exertions of Massachusetts in the common cause." 

In June, 1779, a British naval force from Halifax took pos- 
session of Penobscot. There were nine armed vessels, with 
one thousand troops, in the enterprise. It was believed they 
would commit depredations on the fishing and coasting vessels, 
and on the inhabitants of the seaboard. An armament was 
fitted out in July, to dislodge them. It was the plan and at 
the expense of Massachusetts, though congress was made ac- 
quainted with the expedition. The popular voice was in favor 
of the measure. The fleet consisted of nearly forty armed 
vessels and transports, with twelve or fourteen hundred men; 
a part of which was pressed into the service, on that occasion. 
The fleet was commanded by Commodore Saltonstal, and the 
troops by Generals Lovell and Wadsworth. The armament 
sailed under disadvantages, for want of time in making the pre- 
parations; and there was some disagreement between the naval 

* The paper was then about $20 for one in specie ; and it continued 
rapidly to depreciate, so that in 1780 it was at $ 40 for one. 



HISTORY OF MASSACHUSETTS. 291 

commander and General Lovell, after their arrival at Penobscot. 
The British had erected fortifications on an eminence. But an 
attack was soon made by the Americans ; and in doing it, they 
were obliged to climb up a very high and steep cliff. But 
they resolutely advanced, though exposed to a heavy fire from 
the enemy; whom they drove into their entrenchment. Many 
of the Americans were killed and wounded in ascending the 
precipice. They retired to a little distance from the fort, to 
wait for a reinforcement from their vessels. But no assistance 
was received, as was expected ; and in the meantime, the 
British were strengthened by more troops from their fleet ; 
when all further attempts would have been desperate. The 
Americans retired from the peninsula ; and destroying most of 
their vessels, proceeded to Boston by land. The country was 
then a wilderness most of the way to Kennebec ; and the men 
suffered very much. A committee of the general court was 
appointed to inquire into the causes of the failure. Lovell ana" 
Wadsworth were acquitted of all misconduct ; but the naval 
commander was censured for not acting more promptly in con- 
cert with them. 

Further efforts were made to regulate the price of the neces- 
sary articles of living by the general court, and by county 
conventions; but they proved ineffectual. All those who 
received salaries, including the officers and soldiers of the 
army, suffered extremely. In many towns the people gener- 
ally provided for the support of the clergy ; but their losses 
were still great, on account of the depreciation of the paper 
in circulation. The evil was so great, that congress soon after 
negotiated loans in Europe, and made large importations of 
specie; and the general court of Massachusetts chose rather 
to raise money by taxes, than to emit more paper, which it 
was supposed would increase the depreciation. The public 
taxes were very high, and the people generally with little 
means to pay them. 

The state was still threatened with an attack from the Brit- 
ish, and the alarm on the seacoasts was kept up by reports of 
an intended invasion. There had always been state or conti- 
nental regular troops stationed in Boston ; and occasionally, 
the militia had been called in, for the defence of that place. 
In September, 1779, Colonel Jackson's regiment, then recently 
returned from the Penobscot expedition, was ordered to Castle 
Island, and four hundred of the militia were called out to man 
the other fortified places in the vicinity. £600,000, (or 
$65,000 real value,) were put into the hands of the board of 
war, for the purchase of provisions, military stores, and vessels 



292 HISTORY OF MASSACHUSETTS. 

for individuals, to replace those lost at Penobscot. The ex- 
penses of that unfortunate expedition added much to the debt 
of the state. The tax for 1779, besides the portion of the 
continental tax, was two millions of dollars, being $200,000 
in real value. Added to all these burdens and expenses, pro- 
vision was to be made for raising men after the year expired. 
The term of enlistment of the men then in service, would close 
with the year ; for but a small part had engaged for the whole 
war. It was an object to have the enlistments made from the 
men already in the army : and a committee of the general 
court visited the camp, to engage them for a longer time. 
They were authorized to give a bounty of $300. The sum 
of $700,000 was appropriated for the purpose : and advances 
were again made to the officers. The towns were also 
required to furnish clothing, to be sent on to the soldiers who 
should enlist anew. While efforts were making for a new en- 
listment, and before the numbers required were engaged, 
General Washington called on congress for the militia, and 
Massachusetts furnished two thousand, on a requisition from 
that body. A bounty was also given to those who engaged at 
this time ; and a large sum besides placed at the disposal of 
the board of war. The general court was in session the 
greater part of the year 1779, from January to October; and 
when they adjourned, they authorized the council to call out 
more of the militia, if required, not exceeding four thousand. 
The state of the continental army was such as to render it 
probable they might be called for at short notice. The 
British had then a large force at New York, and there was an 
apprehension of some formidable attack from them. A pub- 
lic fast was appointed in Massachusetts ; which was the fourth, 
besides those usual, after the war began; and two were also 
appointed by congress. 

At this time, when many, both of the officers and soldiers 
of the army were discouraged by the protracted term of the 
service and depreciated paper for pay, at the instance of Gen- 
eral Washington, congress promised the officers half pay, first 
for seven years, and soon after for life, if they would continue 
till the close of the war. To the soldiers, a large bounty was 
given, and a promise of land when peace should take place. 



CHAPTER XXII 



War at the South, in Georgia and South Carolina— Charleston taken— General 
Lincoln commanded American troops — Constitution reported for Mas- 
sachusetts, and accepted — Alterations in it proposed by people of Boston 
— John Hancock chosen Governor — Finances — Congress propose to call 
in old bills — New emission of paper — Continental and State debt — Agent 
sent to Europe — People in Maine harassed by the British — Academy of 
Arts and Sciences — General Washington calls for more of the Militia — 
Complaints of the people. 

The principal scene of hostilities, in the autumn of 1779, 
was in the southern part of the United States, in Georgia and 
South Carolina. General Lincoln, of Massachusetts, was then 
the comAander of the American troops in that department ; 
but he had to contend with the enemy at great disadvantage. 
They were more numerous ; and the American forces consisted 
chiefly of militia. A French fleet afforded some aid in the 
siege of Savannah; but it departed before the preparations for 
an assault were completed. General Lincoln, however, made 
an attack on the city; but was repulsed with great loss. He 
then marched to Charleston, but the British in that quarter 
were soon reinforced by troops from New York ; and after a 
siege of five months, the place was taken. The besiegers 
were far more numerous than the Americans. No aid could 
justly be expected by General Lincoln ; and the inhabitants 
repeatedly urged him to surrender. In this situation, Charles- 
ton was given up to the enemy, but on terms honorable to the 
American general. 

In January, 1780, the convention of Massachusetts, chosen 
to prepare a form of civil government, agreed on a constitution ; 
which was submitted to the people in March, for their con^ 
sideration. The votes given, on the question of its adoption, 
were ordered to be returned in June, when it appeared that 
more than two thirds were for its acceptance. 

The return of votes from Boston, though in favor of the 
36 



294 HISTORY OF MASSACHUSETTS. 

constitution, was accompanied by a proposition for some alter- 
ations, if practicable. One was, that the governor alone 
should have power to march the militia to a neighboring state, 
in time of imminent danger. Another was respecting the privi- 
lege of the writ of habeas corpus, which they wished extend- 
ed, so that none should be held in confinement merely on 
suspicion. But the chief objection they offered was to the 
third article in the bill of rights. They were satisfied of the 
importance of having public religious worship, and religious 
teachers, for the order and peace of society. And they 
thought all the people should be obliged to pay for the sup- 
port of ministers of the gospel. But they expressed the 
opinion, that none should be compelled to attend on teachers, 
except such as they chose ; and that the tax of those who did 
not attend at all, should be for the benefit of the poor. 

The Baptists generally complained of this article. For, 
although every one had full liberty to attend on such teacher 
or society as he should prefer, and there was a perfect equality 
of civil and religious privileges secured to every one, yet it 
would be necessary, to become a member of a society which 
was not of the standing or congregational order, to obtain a 
license and certificate therefor. This was said to be a hard- 
ship, and inconsistent with the idea of a perfect equality of 
rights and privileges. It was contended, that the civil author- 
ity should not interfere, in any way, with religion, and that 
the constitution should contain no restriction or provision on 
the subject. It was provided in the constitution, that in fifteen 
years, there might be another convention, to make such alter- 
ations in it, as experience should prove necessary or important. 
In 1795, the question was submitted to the people, and they 
expressed an opinion against having a convention to make 
any alterations. The government was organized, agreeably 
to this constitution, in October, 1780: when John Hancock 
was chosen governor of the commonwealth, by a large majority 
of votes, and James Bowdoin, lieutenant governor ; but he de- 
clined the office. 

During the year 1780, congress proposed to call in $15,- 
000,000 monthly, for the term of a year. The continental 
paper bills, which had been issued, then amounted to $160,- 
000,000. The proportion of this sum, for Massachusetts to 
redeem, was $2,000,000 monthly: but the depreciation was 
then forty to one ; and the real value of the monthly tax, for 
this purpose, was $50,000; making $600,000 for a year. 
But even this exceeded the ability of the state. It was there- 
fore proposed to Congress, that each state should become 



HISTORY OF MASSACHUSETTS. 295 

debtors to those who bought in the continental paper, and be 
answerable to pay them at a future day, charging the same to 
account of the United States ; or provide a new emission of 
bills, to the amount of one twentieth part of the sum called in 
of the bills then in circulation. 

It was hoped, by having a new emission, and that only to 
the amount ofta twentieth part of the bills in circulation, the 
paper would be kept from depreciation ; especially as congress 
engaged to redeem it at the nominal value ; pledged the faith 
of the country for such redemption ; and at the same time 
called on the several states to provide for the payment, by 
instalments within six years. The old paper money was soon 
taken out of circulation, and the new emission was substituted 
in its place. But this soon depreciated also : and as the coun- 
try was unable to redeem it by specie, and had a very great 
debt to provide for, it could not be otherwise justly expected. 
After this period, specie was gradually introduced into circula- 
tion ; and the new bills were almost as much opposed as the 
old. 

Besides the share of the continental debt, for which Massa- 
chusetts had to provide, the separate debt of the state, though 
chiefly incurred for the common defence of the country, was nom- 
inally $200,000,000. But, on the calculation of forty for one, 
only $5,000,000; which was probably more than a third part of 
the whole property of the state, according to the valuation of 
that period.* It was believed, that Massachusetts had made 
such great advances, in course of the war,' that it would have a 
large balance due from the continent : and that its debt, on a 
final adjustment of accounts with congress, would be much less 
than appeared by the above estimate. 

In the spring of 1780, a tax was laid by the general court, of 
nearly a million of dollars ; to be paid in specie, or in the new 
bills, then just issued ; with a view to call in 36,000,000 of 
the old paper. A part of the new emission was ordered to be 
retained for the use of the state, but the greater portion of it 
was appropriated for the public service of the country, as congress 
should require. At the same session, it was voted to raise 
$240,000 annually, for seven years, to enable the state to 
meet its engagements to the officers and soldiers of the army, 
and other public creditors. 

The debt of the commonwealth was now very great, and 

* Probably the valuation was too low , and that one fourth part would 
be a more correct estimate. Real estate was then sold and purchased at a 
verr low rate. 



296 HISTORY OF MASSACHUSETTS. 

was the cause of complaints among the people, generally. The 
legislature did not escape blame, on pretence of inattention, 
or want of economy in making purchases for the public service, 
Perhaps, in some cases, the agents were not altogether so care- 
ful as they might have been. But there were very few 
defaulters. And it is rather matter of surprise, when the im- 
mense disbursements are considered, and the services rendered, 
for five years, that the debt and the taxes were not still greater. 
The expenses of the British, for supporting their army for five 
years, amounted to £37,500,000 sterling. An agent was sent 
to Europe, at this time, by Massachusetts, to obtain loans and 
goods on the credit of the state.* 

The inhabitants of Maine suffered much from the enemy at 
Penobscot, and a detachment of the militia, amounting to seven 
hundred and fifty, under General Wadsworth, was ordered to 
the western shores of that bay for their protection. These men 
were mostly residents in Maine. Some armed vessels were 
also ordered for the defence of that part of the state. Two 
companies were stationed at Machias, to prevent the depreda- 
tions of the British, who had often before that time plundered 
the people to a large amount. 

Amidst the great anxiety for the safety of the country, and 
unremitting efforts made for military preparations, the interests 
of science and of letters were not disregarded. The " Academy 
of Arts and Sciences" was this year instituted in Massachu- 
setts, composed of a number of the clergy and laity, who were 
distinguished for their philosophical taste and pursuits. James 
Bowdoin was the first president of the society; a man equally 
celebrated for patriotism, for private worth, and for literary 
attainments. During the same year, a high school or academy 
was estabished at Andover, with the design of preparing young 
men for admission into the university, and for the business of 
the merchants' counting-houses. 

General Washington called again for men, in the fall of 
1780. The enlistments of the preceding year had not been 
effected to the number required. The regiments were incom- 
plete ; and he wished to have a more efficient army. He was 
expecting troops from France ; but he proposed also to congress 
to raise an additional number, with the view of obliging the 
enemy to leave the country and sue for peace. Congress im* 
mediately called for four thousand men from Massachusetts, for 
six months. And shortly after, General Washington made a 
request for four thousand seven hundred, to be marched 

* Jonathan L. Austin, Esq., an eminent merchant of Boston. 



HISTORY OF MASSACHUSETTS. 297 

immediately to head quarters, near New York. A portion of 
the continental troops was then in the southern department, 
under General Greene. In attempts to comply with these 
requests, the general court was subject to heavy complaints 
from the people, who charged them with demanding more 
than they were able to perform or endure. This led to an 
application of Massachusetts to the other states, to invest con- 
gress with the sole power of providing men and the other 
expenses for prosecuting the war. Some of the states received 
the proposition with favor, but it was never fully adopted. 



CHAPTER XXIII 



Session of General Court, October, 1780 — Recommendations of the Gov 
ernor — Sale of Refugees' estates — Loans — Appeals to the people — Massa- 
chusetts regiments reduced — State of the debt of the Commonwealth — 
Laws revised — Impost duties — Duty on sales at public auction — Troops 
sent to Rhode Island, and Executive authorized to call out more — Treach- 
ery of Arnold — General Washington called on Massachusetts for six 
thousand of the militia — Capture of Lord Cornwallis, in Virginia — Great 
expenses — British offer to negotiate — Terms not acceptable to Congress — 
More men called for in 1782 — Additional sums required by Congresa — 
People complain of heavy taxes — Negotiations for peace — Cod Fishery — 
Massachusetts' proportion of Continental debt — The people ready to de- 
spair — Population — Members of Congress. • 

The first session of the general court, under the constitution, 
was holden in October, 1780, and the house consisted of two 
hundred memhers. In his address, at the opening of the ses- 
sion, Governor Hancock recommended a speedy enlistment 
of the men requested by General Washington ; to make efforts 
to maintain the credit of the state ; to cherish the means of edu- 
cation, and the observance of sabbatical institutions, which, in 
a time of war, were too much disregarded. 

Various methods were proposed to raise money ; particularly 
by the sale of the estates of refugees, and by loans. A large 
committee was appointed to obtain loans, to the amount of 
£400,000.* The efforts were not very successful; only a 
small portion of that sum was procured 

At this period of complaints and distress, the general court 
published an address to the people; in which they said — " We 
conjure you, in the name of honor and patriotism, to give up 
every consideration of private advantage, and to assist in sup- 
plying the public treasury ; as it is impossible to maintain an 
army if the people withhold their taxes and money. Let it be 
evident, that the citizens of Massachusetts are animated with 

* Of thi3 committee were William Phillips, Edward Payne, Stephen 
Higginson, George Cabot, E. H. Derby, Jonathan Jackson, and E. Gerry. 



HISTORY OF MASSACHUSETTS. 299 

the same principles which inspired them in the early stages of 
the contest, and that the salvation of the country absorbs every 
other concern. Thus shall we dash the last hope of the enemy, 
founded, as it may be, on the inattention or avarice of any 
part of the community." 

In 1780, a new arrangement of the continental army was 
made, by which the regiments belonging to Massachusetts were 
reduced from sixteen to twelve. The older officers were 
allowed to retire on half pay. At this time, also, the term for 
which many of the soldiers had enlisted expired, and the num- 
ber of four thousand two hundred were necessary to fill up the 
twelve regiments. A great part of these were induced, by the 
offer of large bounties, to engage during lhe*war.* 

The complaints of the people continuing and increasing, the 
general court was induced to make a statement of the debt of 
the commonwealth, and of the sums requisite for the year 1781 ; 
at the same. time exhorting the people to bear the burdens of 
the occasion, and contribute to the means of supporting the war 
in every possible manner. They stated that £950,000 would 
be required : a part of it for the common expenses of the gov- 
ernment, a part for an instalment of the public debt, and for 
interest on the residue ; for clothing for the soldiers ; and for 
meeting the demands of congress, as a portion of continental 
expenses. For this, it was proposed to provide, by the tax of 
the preceding year, uncollected, by the sale of absentees' estates, 
by loans, and a tax of £320,000. Loans were effected to such 
an amount, as to afford some relief. To raise the whole sum 
required would be utterly impracticable, without borrowing; 
and yet it was highly important to maintain the credit of the 
state. It was also considered just to require of another gener- 

* The treachery of General Benedict Arnold, of Rhode Island, who had 
the command of the military post at West Point, in the fall of 1780, created 
a great sensation through the country. The main body of the American 
army was then posted at that place and vicinity. General Washington was 
absent for a few days, to meet the French admiral at Hartford. Arnold 
found means to correspond with the enemy, who were at New York, and 
whose armed ships had command of the Hudson, almost up to West Point. 
Major Andre, who came out from New York as a spy, to confer with Ar- 
nold, was taken on his return, and the treachery was discovered. Arnold 
immediately fled to a British frigate, in the river below, a few hours before 
the report was circulated. The British officer was executed as a spy ; but 
the traitor escaped. The people were surprised at such an instance of per- 
fidy in one who generally had the reputation of a brave and meritorious 
officer. Afterwards, however, it was known, that his moral character was 
stained by former acts of dishonesty and oppression. It was just cause of 
gratitude, that his treachery was seasonably discovered, and the country 
saved. It was a proud reflection also, that scarcely an instance of perfidy, 
except this, occurred during the war; especially when it was known, that 
others had been assailed by the tender of bribes from the enemy. 



300 History of Massachusetts. 

ation some exertions for the rich legacy of liberty, which was 
hoped to be transmitted to them. The debt of the state, at 
that time, on account of loans, was nearly $1,000,000; the 
interest of which would make a large item of the annual tax. 

When the general court adjourned, after the session of Octo- 
ber, (1780,) which was not till the following winter, a committee 
was appointed " to revise the laws in force in the state, to select, 
abridge, alter, and digest them, so as to be accommodated to the 
present government." The committee consisted of the justices 
of the superior court, the attorney general, James Bowdoin, 
and John Pickering. 

In 1781, congress proposed to the several states to raise 
money by impost^ but Massachusetts did not approve of the 
plan, as it would be an unequal tax ; the commerce of the 
state being greater than that of any other. The next year, 
however, the general court passed a law for an impost duty, 
and provided that it be appropriated as congress might direct, 
to discharge the public debt ; or to be expended within the 
state, but to meet expenses which congress might incur for 
the common defence. The law was to take effect on con- 
dition the other states adopted a similar act, and appropriated 
the proceeds for the public benefit. Only a few of the other 
states adopted the plan ; and nothing was collected in this 
way, till 1783 ; when an excise act was also passed, and a 
law laying a duty on sales at public auction. 

The militia, amounting to twelve hundred, were ordered to 
Rhode Island in February, 1781, by request of the French 
admiral on that station, who was apprehensive of an attack by 
the British from New York. The men were chiefly from 
the southern part of the state, and were commanded by General 
Lincoln. The militia in other parts of the state were re-^ 
quired to be prepared to march to the same place, on short 
notice, if called for. 

When the general court was adjourned in March, 1781, it 
gave power to the executive, as had often been done before, to 
order out the militia if required by General Washington ; the 
board of war having been discontinued. As the regular enlist- 
ments were not fully made, there was a call for more of the mili- 
tia, soon after ; and the towns, which did not furnish their respec- 
tive quota of men, were made liable to a fine. During the spring, 
clothing and provisions were also furnished by Massachusetts,* 
and some other states, by request of the commander-in-chief. 

* The state furnished two thousand head of cattle, four thousand 
blankets, and eight thousand pairs of shoes and hose at this time. 



HISTOKY OF MASSACHUSETTS. 301 

It was a more direct and sure way of obtaining supplies than 
by applying first to con-res?. 

A detachment of the army near New York was sent to 
"\ irginia this season, where the enemy were numerous, and 
were committing great depredations. General Washington 
called on Massachusetts for six thousand of the militia ; and 
the greater part of that number were engaged for three 
months. It was reported that he intended to make an attack 
on New York ; but this probably was only to prevent the 
British sending reinforcements to their army at the south. He 
soon marched to ^ irginia with part of the main army, to 
oppose Cornwallis. then the British commander in that state. 
The British were besieged at Yorktown, in Virginia ; and 
after some weeks, surrendered to the combined American and 
French armies. Generals Lafayette, Lincoln, and Knox, were 
distinguished on the occasion; Colonel Scammel, of Massa- 
chusetts, a brave and intelligent officer, and assistant adjutant- 
general in the army, was killed, during the siege, when with an 
advanced party. Many of the troops engaged in the siege 
and capture of Cornwallis were from the New England states. 

The expenses of the year 17S1, were as great as for 
any year of the war, owing to the calls of congress for 
pecuniary aid, and to the efforts of the general court to sustain 
the credit of the state, and collect outstanding taxes. 

After the capture of the British army, under Cornwallis, 
there was great hope of peace. The administration in Eng- 
land made propositions for a settlement of the dispute with 
the United States ; but the offer was to negotiate without 
reference to France, then the ally of America. Congress 
would not listen to such terms. The army of the enemy was 
therefore reinforced in the winter and spring of 178:2 ; and it 
became necessary to keep up the military force in the states 
to oppose them. The militia, who enlisted for the year 
1781, both for three months and nine months, had finished 
their term of service. New recruits were required to fill up 
the regular regiments, after the manner of the preceding 
year. Massachusetts furnished one thousand five hundred. 
The requisitions of congress on the states for money continued 
to be for a large amount. The sum required to be raised was 
$S,000,000; and of this Massachusetts' proportion was $1,300- 
000. Before the close of the year, congress called for the 
further sum of $1,650,000. The people heard these re- 
peated and heavy calls with unreasonable complaints. I n- 
37 



302 HISTORY OF MASSACHUSETTS. 

reasonable, because the expenses were necessary to support the 
war ; and there was no just charge of extravagance or improvi- 
dence on the part of the rulers. The taxes had been very 
great for six years, and the towns had been divided into dis- 
tricts, each of which was required to enlist and pay a man to 
join the army. Some misguided individuals attempted to 
stop the courts in the western part of the state. But the in- 
telligence and patriotism of the people prevailed against the 
(ew who would have interrupted the regular course of law 
and justice. The least reflection must show that the burdens 
laid on the people were great beyond all other times ; and 
required uncommon virtue to endure. 

When the prospect of peace increased, and congress was 
consulting as to the instructions to be given to their envoys on 
the subject, the general court of Massachusetts requested 
their delegates to that body to have the right and privilege of 
the cod-fishery secured. The British could hardly be ex- 
pected to object to the right of fishing on the banks, far dis- 
tant from land ; but they might wish to prohibit to the Amer- 
icans the claim of fishing near their territory, either at New- 
foundland, or the Labrador coasts. The members of congress 
from the middle and southern states felt little interest in the 
subject. The instructions given to the envoys, respecting the 
fishery, was therefore of a general character ; nor was the 
right to be insisted on as indispensable. It was fortunate for 
Massachusetts that one of the negotiators for peace was a 
citizen of the state, who knew the value of the cod-fishery to 
the people and was faithful in urging the right to it.* 

The taxes were as high in 1782, and for several subsequent 
years, as for the six years preceding. Besides the immense 
debt, the annual instalments and interest of which required a 
large amount, and arrears of old taxes to be collected, con- 
gress called repeatedly for pecuniary aid, to discharge 
pressing demands on the United States, and to make partial 
payments to the officers and soldiers, when they should be dis- 
charged. This year the tax in Massachusetts was £200,000; 
and as it could not be collected for some time, the state was 
obliged to borrow, and to pledge the tax for payment. In 
most cases, the state was obliged to provide for the pay of the 
troops, and to place it to account of the United States, to be 
received at a future day. 

In 1783, the tax was the same as the preceding year ; 
new loans were obtained, and the law for an impost went into 

* This was John Adams. 



HISTORY OF MASSACHUSETTS. 303 

operation and produced no inconsiderable revenue. An exhibit 
by congress stated the sum wanted for the year to be $6,000- 
000; 4,000,000, to be borrowed in Europe and $2,000,000 
to be furnished by the states; of which $320,000 would be 
the proportion of Massachusetts. At the same time, congress 
recommended to the states to raise 1,500,000 annually for 
twenty-five years; the proportion of which for Massachusetts 
would be $224,000. 

When peace was announced, in the spring of 1783, it 
was the occasion of great rejoicing among the people ; and 
yet the prospect before them gave much apprehension and 
anxiety. The country was exhausted by the war of eight 
years, the debt was so immense as to lead many to say it was 
impossible to pay it ; and the creditors, as well those who 
had loaned money, as the officers and soldiers who had large 
demands and were entirely destitute, were impatient for pay- 
ment. The moment was full of difficulty, and required all 
the wisdom of the statesman and all the virtue of the patriot. 

Soon after the peace, Governor Hancock urged the general 
court to make immediate provision for paying the officers and 
soldiers a part of their dues, and reminded them of " the obli- 
gations of the country for their meritorious services, which, 
(he said) should never be forgotten." An additional tax of 
$470,000 was voted for that purpose. These brave men had 
then returned to their families, after spending some of them 
three, and some five and even seven years in the public 
service and in defence of the liberties of the country. Con- 
gress had nothing to give them but fair promises and certi- 
ficates of their service and dues. They had often received 
the paper of the United States, when it was not worth more 
than twenty, or thirty or even forty for one in specie. Their 
certificates for wages still due were sold in the market, at one 
eighth of the nominal amount. Some of them depended on 
charity to reach their homes, where they found only poverty 
and want. It required all the influence of General Washing- 
ton and other patriotic officers to quiet the minds of a great 
portion of the army, who demanded substantial proofs of 
public gratitude, and who were led to believe that congress 
might afford them some immediate relief. A few of the officers 
advised their companions in the army to remain together 
after the peace, till they should receive compensation in part, 
and satisfactory security for the residue. But congress had 
not the ability to do it. Washington promised to exert his in- 
fluence in their favor; and then discharged parts of the army 
at different times, till the whole were disbanded. General 



304 HISTORY OF MASSACHUSETTS. 

Knox and Colonel Brooks, of Massachusetts, were particularly 
active in mediating between the army and congress. But 
with all the efforts made, though a large body of troops were 
induced to retire in peace to their homes, their own privations 
and sufferings were very severe, and they realized but a paltry 
amount for their invaluable services. 

At the close of the war, in 1783, the population of Massa- 
chusetts was nearly 360,000. The increase for eight years 
had been only 10,000. In a time of peace, for the same 
period, it would not have been less than 100,000. Besides 
those slain in battle, many of the soldiers died with sickness 
in camp, and many more in the prisons of the enemy. Most 
of the Americans who were taken, whether on sea or land, 
were thrown into prison-ships at New York : and many thou- 
sands died, by inhuman treatment or gross neglect.* 

* In 1783 Mr. Hancock was governor, Samuel Adams president of the 
senate ; E. Gerry, S. Higginson, G. Partridge, S. Gorham, and S. Hol- 
ten, were members of congress. In 1784, Francis Dana, who had been 
minister to Russia, was a member of congress ; and in 1785, lie was ap- 
pointed a justice of the supreme judicial court. 



CHAPTER XXIV. 



Slavery discountenanced in Massachusetts — Supreme Judicial Court de- 
cide against it — John Lowell an advocate for its abolition — General Court 
request an adjustment of accounts and claims on the United States — and 
object to the appointment, by congress of any of its members to lucrative 
offices — Requisitions of Congress — Military peace establishment — Terms 
of treaty and peace with England — Massachusetts objects to some of the 
conditions — Time of complaint for high taxes — Governor Hancock re- 
signs — James Bowdoin chosen governor — His political opponents — Par- 
ties forming — Public discontents — Great debt, and no system to discharge 
it — Speech of Governor Bowdoin, on the occasion — Proposes to pay off 
the debt, and to enlarge the powers of Congress to regulate foreign trade 
— Immense public debt — Difficult to provide for it — People complain, 
and resort to force — Punishment for crime. 

In 1783 the involuntary slavery of the people of color in 
Massachusetts was in effect condemned and prohibited, by a 
decision of the highest judicial tribunal in the state. An ac- 
tion was commenced in 1781, before a lower court, in the 
county of Worcester, against the master and owner of a slave 
for an assault and battery made by the master. The defence 
set up was that the person on whom the assault was alleged to 
be made, being a slave, the owner might beat him at his plea- 
sure ; and was not therefore amenable to the law for an assault. 
The case appears to have been decided on great constitutional 
principles, recognised in the declaration of the bill of rights, 
"that all men are born free and equal."* The master was 
convicted of an assault and fined. Those who continued in 
service afterwards, in the state, remained so rather voluntarily 
than by compulsion. Public opinion was altogether against 
domestic slavery. It was believed to be incompatible with 
the principles of civil liberty, for which the people had been 
contending, and contrary to the spirit of Christianity. Instances 

*The decision of the court was, "that the man assaulted or beaten was not 
a slave;" and was founded on the opinion that slavery was not authorized by 
law or statute, and though it had been permitted to keep negroes in such a 
condition, the principle could not be legally recognised and sanctioned, and 
that the plea of the master in defence of the beating could not be justified. 



306 HISTORY OF MASSACHUSETTS. 

were to be found, however, after that period, of the con- 
tinuance of slavery, though it was probably voluntary ; as 
some aged persons, of this description, chose rather to remain 
in the families where they had long lived, than to be cast des- 
titute on society. Before the revolution, domestic slavery was 
not uncommon in the large towns in Massachusetts ; and as 
late as the year 1774, the public papers usually contained no- 
tices of black slaves for sale. The slave-trade had indeed, 
been long discountenanced and forbidden, even from a very 
early period, (1645,) though both Governor's Bernard, in 
1765, and Governor Hutchinson, in 1773, were instructed, to 
give a negative to bills to suppress it, passed by the house of 
assembly of Massachusetts. The judicial courts were opposed 
to it. In 1770, when an African was brought into the pro- 
vince by a British vessel, as a slave, he was urged to sue for 
his freedom ; and the court ordered him to be set at liberty. 
The case was decided, by reference, (as a precedent,) to the 
principles then recognised in England, that whenever a slave 
put foot on its territory he became free.* 

As the efforts and expenses, on the part of Massachusetts, 
for support of the war of the revolution, were supposed to be 
greater than its just share, the general court instructed their 
delegates, in 1784, to request a settlement of the accounts of 
the state : and when an adjustment was afterwards made, this 
was found to be the fact. The general court proposed also, at 
this period, that congress should have power to regulate foreign 
commerce for the United States ; but it was not approved by 
all the other states. Some of the states had also omitted to provide 
impost duties for a public revenue : and this operated to an 
evasion of the laws for that purpose in the others. The same 
year the general court passed a resolution, in which they gave 
an opinion, that it was improper in congress to appoint any of its 
own members to lucrative offices. 

In April, 1784, congress called for $5,500,000, for the 
expenses of that year, including claims against the continent, 
which ought then to be satisfied : but stated, at the same time, 
that the $12,000,000 before required for the term of three 
years, would be sufficient to meet present demands, if promptly 
collected. The portion of the last sum, required of Massachu- 
setts, was $1,800,000; and the state was still in arrears for 
this amount, in the sum of $730,000 ; and if this could be 
paid, no additional tax was called for, to meet the requisitions 

* John Lowell, a celebrated lawyer, took an active part in favor of the 
colored people held in bondage, and offered them his professional aid, with- 
out fees. 



HISTORY OF MASSACHUSETTS. 307 

of congress ; still, the amount due on former taxes, and an 
appropriation for payment of a part of the wages due the sol- 
diers, according to a promise of the preceding year, and the 
bonds for impost duties, made a large sum, which it was extreme- 
ly difficult to raise. Added to all which, congress called for 
£ 636,000 in a way confidential, to satisfy immediate demands; 
and Massachusetts was assessed $95,000 of that amount. 
There appeared to be an unwillingness to have the full demands 
on the country publicly known. It was afterwards found, that 
the sum was wanted to pay the interest and an instalment on 
a debt due in Europe, borrowed by Dr. Franklin for the use of 
the United States. 

While congress was consulting on the subject of a permanent 
military establishment, the delegates from Massachusetts were 
instructed by the general court to oppose the maintenance 
of a large force. The expense was one objection with them; 
but they were opposed from principle to having a standing army 
in time of peace. The number of regiments proposed to be 
retained was six ; four of infantry, one of artillery, and one of 
engineers. The principal argument in favor of retaining so 
large a force was, that the British had not given up the posts 
on the w T est and northwest frontiers, as the treaty provided ; 
and that some tribes of Indians manifested a hostile disposition. 

The treaty of peace provided, that there should be no further 
confiscation of the estates of refugees; that creditors should 
recover all bona fide debts ; and that congress should recommend 
to the several states to restore the property of British subjects 
living in the provinces, still under the government of England, 
and who had not borne arms against the United States. The 
general court in Massachusetts did not readily comply with all 
these articles. In 1784, a law was passed, in which, assuming 
to be a sovereign state, and asserting authority to forbid the 
residence of aliens, and to decide for itself what would be a 
proper treatment of such persons, it was enacted, " that those 
who fled to the British in the revolution, w r ere to be considered 
and treated as aliens, and not entitled, therefore, to claim and 
receive any property which they left in the state ; that no 
estate already confiscated should be restored ; that the credits, 
as well as real estates of the absentees, belonged to the com- 
monwealth ; and that they could not be allowed to return to it." 
It was also ordered that actions, brought in the judicial courts, 
by British subjects, be suspended, as the legislature doubted 
whether interest ought to be allowed during the period of the 
war. But the resolution was deemed improper, especially 
as it was for the judicial court, and not for the legislature, to 



308 HISTORY OF MASSACHUSETTS. 

decirte the question. Congress afterwards declared, that the 
treaty was binding on the several state legislatures, and enjoined 
a repeal of any acts repugnant to its terms. Massachusetts 
complied with this judgment of congress, at its next session. 
No further confiscations of the estates of refugees took place ; 
some, then recently made, were restored ; and the supreme 
executive of the state was authorized to permit the return of 
such persons as had not aided the British in the war. 

In the winter of 1785, Mr. Hancock resigned the office of 
chief magistrate, on account of his feeble health; and Lieuten- 
ant Governor dishing occupied the chair the residue of the 
political year. There were, however, some complaints against 
the governor from the people, that efficient measures had not 
been more promptly adopted to collect the public taxes. The 
arrears were of great amount, and had been standing against 
some towns for several years. The inability of the people 
was the constant excuse ; and it was such as to call for all the 
clemency and forbearance which could be prudently exercised ; 
but it was eventually of no relief; and the delay of collecting 
the taxes gave the successor of Governor Hancock more than 
ordinary difficulty.* • 

James Bowdoin was chosen governor for the political year 
commencing May, 1785. This election was by the members 
of the general court, as there was no choice by the votes of the 
people. There was a vague and unjust charge against Mr. 
Bowdoin, of attachment to the British government,! which was 
made by those ignorant of his real character, and who seem to 
have forgotten his able services in the most critical periods of 
the country. Mr. Bowdoin was among the earliest and most 
decided opposers of the oppressive and arbitrary measures of 
the British ministry ; he was one of the ablest opponents of 
Governor Hutchinson, and often received his particular dis- 
approbation, and his refusal to a seat in the council. He was 
one of the five delegates first chosen to the continental congress, 
in 1774 — and was the first president of the executive council, 

" Mr. Hancock was a sincere patriot, and gave the strongest proofs of 
his attachmet to the liberties of the country, in the sacrifices he made of 
his property. Yet he was sometimes charged with a desire of popularity, 
and a want of firmness, which are certainly defects in the character of a 
public man, in periods of peculiar trials. Mr. Hancock was chosen one of 
the representatives for Boston in 1785; and was again appointed a delegate 
to congress, when he was elected president, for the short time he remained. 
The other delegates to congress, in 1785, were Messrs. Geiry, Partridge, 
Holten, and King. 

t So early was this erlarge made, for party purposes, or in ignorance, 
against some of the purest patriots in the state or nation. 



HISTORY OF MASSACHUSETTS. 309 

when the government of Massachusetts was organized in 1775, 
soon after the war began. 

When Mr. Bowdoin was placed in the chair, the state and 
country were in a critical situation. The difficulties of a pub- 
lic nature were almost as great as at any period of the war. 
A spirit of discontent prevailed to such a degree, as to make 
the most patriotic rulers extremely anxious; and Governor 
Bowdoin felt all the responsibilities of his station. The de- 
mands on the state amounted to $10,000,000, including its 
portion of the continental debt: and no system of credit had 
been adopted, to give satisfaction to the numerous creditors. 
The greater part, indeed, were clamorous for immediate pay- 
ment. There were objections to the allowance of five years' 
pay to the officers of the late army, which added largely to the 
public debt. Some were dissatisfied with the excise as unjust, 
and some with the impost, as disproportionate. The commer- 
cial relations of the country had been neglected ; or, if not 
wholly neglected, the different regulations of different states 
operated injuriously. The British availed themselves, in a 
great measure, of the carrying trade of the country. And the 
return of refugees, under the treaty of 1783, was matter of 
bitter complaint, in many places. The taxes had then been 
very heavy for several successive years, and the resources of 
the state seem to have been entirely exhausted. The majority 
of the people were disposed to make all possible efforts to 
restore and support the credit of the state: but time only could 
effect it. There were a few, however, in the community, who 
exaggerated the difficulties of the times, and imputed inability 
or neglect to the legislature. The public address of the gov- 
ernor to the general court, at this time, proves at once the 
burdens of the people, and his desire to provide relief. 

"To maintain the credit of the state," he said, "was the first 
object ; and this must be by a punctual payment of interest, 
and a gradual diminution of the principal of the public debt. 
Great efforts would be necessary for several years to effect it. 
Industry and economy would be required as aids. It must be 
with the state as with an individual. There should be retrench- 
ment in expenses, and old debts be paid as speedily as possi- 
ble." He appealed to the patriotism of the people to remove 
and overcome the difficulties which surrounded them. He 
then referred to the state of the commerce and trade of the 
country, which required particular attention, to counteract the 
designs of Great Britain; which, he said, had only in view the 
profits of her own merchants. There must be laws to regulate 
trade in the United States, so as to render mercantile pursuits 
38 



310 HISTORY OF MASSACHUSETTS. 

as profitable as they might be, and to check the monopoly and 
the restrictive policy of England. The state might do some- 
thing for this purpose; but, in his opinion, "it was necessary 
to give to congress the authority to regulate foreign commerce 
with and for all the states." He recommended, at this time, 
that the powers of congress should be enlarged for that purpose. 
The articles of confederation he considered inadequate to the 
state of the country, or to provide a remedy on the subject of 
foreign trade ; and he even suggested, that there should be a 
convention, to increase the authority of congress in this respect. 
In the same speech, the governor proposed establishing a large 
manufactory of pot and pearl ashes, in the interior of the state, 
to be supported by the government, which he believed would 
yield immediately a large income. At that time there was an 
unusual demand for those articles in England; and was the 
chief thing, except specie, sent from Massachusetts for the 
payment of English goods. But the plan was never adopted. 
The general court received these sentiments of the governor 
with entire approbation, and manifested their purpose to give 
them effect. They declared their resolution to spare no efforts 
to support the public credit, and to provide for the payment of 
the debt of the state. On the subject of an increase of the 
powers of congress, they passed the following resolves: — "As 
the prosperity of a nation cannot be secured without a due de- 
gree of power in the rulers, the present embarrassed state of our 
public affairs must convince every one of the necessity of a revi- 
sion of the powers of congress, and as it is the right and duty 
of every state in the union fully to communicate their senti- 
ments to the rest, on subjects relating to their common inter- 
ests, and to solicit their concurrence in such measures as the 
exigency may require — Resolved, that in the opinion of this 
court, the present powers of congress are not adequate to the 
great purposes they were designed to effect: Resolved, that it 
is highly expedient there should be a convention of delegates 
from all the states of the union, as soon as may be, to revise 
the articles of confederation, and to report to congress how far 
it may be necessary to alter and enlarge the same: Resolved, 
that congress be requested to recommend a convention of dele- 
gates from the several states, to revise the confederation and 
to report how far it may be necessary to enlarge the same, to 
secure and perpetuate the primary objects of the union."* 

* Thus early did Massachusetts propose an enlargement of the power of 
congress, for general purposes; especially for regulating commerce with 
foreign countries, and for raising a revenue from it, to support the public 
credit. Governor Bowdoin is entitled to the honor of first urging it. And 
it was necessary such a proposal should come from the authority of the 
states ; and not originally from the people. 



HISTORY OF MASSACHUSETTS. 311 

These proceedings were communicated to congress, for its 
consideration and action ; and also to the other states, request- 
ing them to pass laws for regulating foreign commerce; but 
particularly urging them to give additional powers to congress, 
to make uniform regulations for the whole country. In Octo- 
ber and January following, Governor Bowdoin presented the 
subject again to the general court, and advised that full power 
be given to congress, to regulate the commercial intercourse of 
all the states with foreign nations. The evils attending the 
acts of the separate states, diverse and various as they were, 
were felt most sensibly in Massachusetts; and the general 
court made some attempts to remedy them, by prohibiting 
British vessels to carry the products of the state; they were 
also forbid entering and unlading, when they brought cargoes 
from ports from which American vessels were excluded; and 
only three places of entry were allowed within the state. 

The advice of Governor Bowdoin, and the resolves of the 
general court of Massachusetts thereon, no doubt led to a pro- 
posal by Virginia, early in 1786, to hold a convention in Mary- 
land, composed of a committee from every state in the union, 
to take into consideration the trade and commerce of the 
country; and to agree on some general plan, or to invest con- 
gress with full power on the subject. The general court of 
Massachusetts appointed a committee, and some other states 
adopted the same course ; but only five states were represented, 
and no plan was formed ; but it was the opinion of the meeting 
that a convention should be held the following spring, com- 
posed of delegates from all the states, " to revise the articles 
of confederation, and to give sufficient power to congress to 
make and enforce such regulations as might be necessary for 
the credit, respectability, and prosperity of the country." 

The requisitions of congress for large sums, in 1785 and : 86, 
and the payments of interest and instalments of principal to be 
made by the state for its own debt, together w r ith large deficits 
of former taxes, pressed heavily on the people, and led some 
almost to despair. The governor gave incessant attention to 
the subject of the finances of the state ; far more than had been 
usual, or his duty was supposed to require. But he was de- 
sirous of forming some plan which would support the public 
credit, and afford all possible relief to the people. The proper 
debt of the state was $5,000,000, and the portion of the con- 
tinental debt, which Massachusetts must provide for, was fully 
equal to that sum. The revenue from excise and imposts, for 
the year 1785, was estimated at $ 190,000. But a greater 
sum was expected from imposts; added to which a tax of 



312 HISTORY OF MASSACHUSETTS, 

$333,000 for fifteen years, it was calculated, would discharge 
the whole debt. The difficulty was to effect this. The pros- 
pect was appalling to many; and some soon became desperate, 
and rose in arms against the authority of the slate. There was 
another cause of embarrassment; during the years 1784 and 
1785, there were large importations of British goods on credit; 
the time of payment had arrived, and many who had been ex- 
travagant in purchasing, thought it first necessary to pay these 
debts, as far as they were able, and to leave the payment of 
their taxes to some future day. The governor urged the 
general court to make every effort to discharge the public debt. 
" It was difficult, (he said,) he was aware, and would require 
some sacrifices, but such efforts and such sacrifices must be 
made, or the credit and peace of the country would be lost." 
Had the taxes for 1781, '82," '83, and '84, been promptly 
paid, the pressures of 1785 and '86 would not have been so 
great. It would have required, indeed, uncommon exertions ; 
but there would have been found less evils, than arose from an 
accumulation of burdens within a single year ; or those resulting 
from a desperate attempt to prevent the payment altogether 
by a resort to lawless force. 

In 1 785, a change was made in the criminal law, as to cer-> 
tain offences which had before been punished by mere imprison- 
ment, or by whipping and sitting on the gallows : and the pun- 
ishment provided was confinement to hard labor, on Castle 
Island, near Boston. The feelings of the people were averse 
to corporal punishment, and it was believed the criminal was 
hardened by such treatment. 

It was a question, whether confinement to hard labor was 
not a sufficient punishment, and whether there could not be 
some hope also of the reformation of the criminal. Houses of 
correction in the counties were not then provided ; and many 
offenders were confined together in the jails without employ- 
ment, and at leisure to devise further plans and modes of mis- 
chief. This experiment led to the state penitentiary at 
Charlestown afterwards ; but the results of the system have 
been viewed very differently by different individuals, who pro-- 
fess to have examined into the subject.* 

* Itisnowthe general opinion, that the objection against the peniten- 
tiary is owing to the abuses and imperfections of the system, when first es- 
tablished. Many were crowded into the same room, or cell ; and there was 
no classification for those of different degrees of criminality. These defects 
have been remedied ; the criminals are kept separate, and are also favored 
with moral and religious instructions. The benefits of penitentiaries are 
now far greater than formerly. 



CHAPTER XXV 



The Governor urges payment of part of the debt, and a system to maintain 
public credit — The general court do not respond to his advice — Conven- 
tions of the people, complaining of the courts of law — Legal processes for 
collecting debts, and of laying so large taxes — Extra session of general court 
in September, 1786 — Conventions of people increase — Open opposition to 
law — Proclamation and energetic measures of the governor — Militia called 
out to protect the court — Measures for the relief of the people, but not 
satisfactory to them — Lenity to the insurgents, and an address to the 
people — Insurgents continue their opposition, and attempt to stop the 
courts — They assemble at Springfield to prevent the sitting of the court — 
Militia called out under General Lincoln, and marched to Worcester and 
Springfield — Insurgents flee from Springfield, and are pursued to Hadley s 
Amherst, and Petersham, where many were taken, and the residue fled — ; 
Affairs in Berkshire. 

Mr. Bowdoin was again chosen governor, in 1786, by a 
very large vole. In his public address to the general court, 
he recommended the interests of education and of the univer-r 
sity ; but the great object of his speech was to persuade them 
to make adequate and prompt provision for the payment of 
such part of the public debt, as was then due, and called for 
to satisfy the demands of various creditors, already long delay- 
ed ; all which amounted to $1,500,000. To maintain the 
credit of the state any longer, this sum must be collected ; or 
an agreement made with some of the creditors, by payment of 
interest, and an arrangement which would give them confidence 
in the public promise of payment at a given day. The gen- 
eral court doubted the ability or the disposition of the people 
to pay the amount required ; and hesitated as to laying a new 
tax when there were several former ones uncollected. The 
governor reminded them of a law of 1781, and still in force, 
authorizing the treasurer to issue warrants for a tax, sufficient 
to pay interest and principal due, for any year, even if no tax 



314 HISTORY OF MASSACHUSETTS. 

act should be passed. And he informed the general court, 
that one million of dollars would be absolutely necessary to 
discharge present demands on the state, and to furnish the 
sum called for by congress. The general court, however, 
directed the treasurer to suspend his warrants for the sums 
required to pay the holders of public securities, for which the 
taxes had been before pledged, and which had then become 
due. 

The representatives were generally censured for this mea- 
sure ; their apology was the burdens of their constituents, and 
the impossibility to collect such a large sum within the year. 
But at the same time, they voted a tax on polls and estates to be 
forthwith paid, to comply with a request of congress. When 
a motion was made at the same session, (June 1786) to issue 
paper and make it a tender, it was negatived by a vote of five 
sixths of the house. 

In their efforts to pay the amount of taxes, the personal 
debts of the people had been suffered to accumulate, and 
creditors had recourse to legal processes to collect their de- 
mands. The people held conventions in several counties, 
at which they passed rash and threatening resolutions, cen- 
suring the legislature and declaring " the courts of law to be 
engines of oppression." In some of the western counties, 
large numbers of the people assembled where the courts were 
to be holden, and prevented their proceeding to the usual 
business. They complained of the great amount of taxes, and 
of such large assessments in so short a time: of allowing such 
large sums to congress, and of applying so much to the pay- 
ment of soldiers, (who, it was said, might wait) instead of 
supporting government and paying what was absolutely ne- 
cessary. They complained of the fees of lawyers and of the 
costs of court, which they pretended were too great. They 
objected to the senate, as a needless branch of the government, 
the expense of which might be dispensed with. They also 
complained of the high salaries of some public offices : and 
they referred to the extra services of Massachusetts, which it 
was supposed were such as would excuse the state from pay- 
ing so largely at the call of congress. 

The governor summoned an extra session of the general 
court to be holden in September, by the unanimous advice of 
the council. Before the meeting of the legislature, the con- 
duct of the people was so disorderly and alarming in some 
parts of the state, that the governor issued a proclamation for- 
bidding their assembling to obstruct the regular course of law, 
and calling on public officers and other good citizens to use 



HISTORY OF MASSACHUSETTS* 315 

their endeavors to prevent such meetings. But the proclama- 
tion had little effect. The spirit of discontent and misrule 
spread rapidly, through many parts of Hampshire, where it first 
appeared, Berkshire, Worcester, Middlesex, and Bristol. The 
court of common pleas was prevented holding its regular 
term at Worcester ; and soon after, the supreme judicial court, 
at Springfield. The spirit which prevailed was a radical and 
levelling spirit ; and yet very few prohably, who attended, 
these unlawful meetings, expected to live without civil govern- 
ment or courts of law. They had not probably thought much 
on the subject, except to obtain present relief, under the heavy 
load of taxes and debts. They had no settled plan of proceed- 
ing, further than immediate remedy, by a delay of payment. 
The leaders were not ambitious men, nor expectants of high 
office, to which they could hope to obtain in quiet times. It 
was the lower class of people who were engaged in the rash 
enterprise ; and the military commanders were two captains of 
the revolutionary army. Some of the actors had, no doubt, 
confused and mistaken notions of liberty, imbibed in time of 
the war, when nothing was heard but the liberties of the 
people and the oppressions of rulers. And for several years, 
creditors had been indulgent to those who were in debt to 
them, because of the difficulties of public affairs. 

The governor adopted measures as decisive and energetic, 
as the character and condition of the people would justify. 
Before the supreme court convened at Springfield, which 
was previously to the extra meeting of the general court which 
had been summoned, he had given orders to major general 
Shepard, in that vicinity, to call out the militia to protect the 
court in its usual business. General Shepard collected about 
six hundred of the militia, many of them volunteers for the 
occasion. The insurgents also appeared on the morning of 
the day the court convened, and in greater numbers than had 
been expected. They were disappointed to find the court 
was proceeding to business, and so well protected. Some 
threats were made, and the court was requested to sustain no 
indictments against any of the party ; but the judges refused 
to receive any message from them, and conducted with great 
firmness. But the inhabitants were much alarmed, and the 
court was adjourned on the third day. It was feared, that the 
insurgents would attack the militia under General Shepard ; 
but they probably were too well convinced of his firmness and 
bravery. On the day after the adjournment of the court, the 
insurgents dispersed, much to the joy of the peaceable inhabi- 
tants. General Shepard conducted with great prudence and 



316 HISTORY OF MASSACHUSETTS. 

moderation. The judges concluded not to proceed to Berk- 
shire to hold the court, in the state and temper of the people. 

In Middlesex and Bristol, during the same month, the in- 
surgents met and prevented the regular business of the courts. 
In Middlesex, their assembling was unexpected, and the 
militia had not been called out. They collected at Taunton, 
in the county of Bristol, in great numbers. General Cobb 
had the precaution to order out some of the militia, but they 
were not so numerous as the insurgents. But by his firm and 
spirited conduct, they were induced to separate, without com- 
mitting any acts of violence. The court, however, concluded 
it most prudent to adjourn. 

When the general court met the last of September, agreea- 
bly to a summons from the governor, he gave them a particu- 
lar account of the proceedings of the malecontents, and of the 
measures he had adopted, to maintain the peace and order of 
the state. He expressed a desire, that all proper forbearance 
might be shown to the people, and every practicable means 
be adopted for their relief: but explicitly avowed the opinion 
that effectual measures should be taken to restore tranquillity 
and order, and to maintain the authority of the government. 
He was sensible, he said, of the burdens of the people ; but 
he strongly condemned the conduct of the insurgents, in their 
manner of seeking relief. What was proper in the executive 
authority he had already done ; and he referred it to the rep- 
resentatives of the people to devise means both for the sup- 
port of the laws, and the redress of any grievances which 
their constituents suffered. 

The members of the general court, with one voice, con- 
demned the conduct of those who had opposed the laws ; and 
the majority appeared disposed to give sufficient support to 
government and its officers. A law was passed against riots 
and unlawful assemblies ; and, after some discussion, it was 
agreed to suspend the writ of habeas corpus, for eight months. 
Some acts were passed for the immediate relief of the people, 
the strict propriety or expediency of which might have been 
doubted in other circumstances. The legislature could not 
annihilate the public debt, nor interfere with private contracts. 
But they made all real and personal estate a legal tender for 
the discharge of debts, and allowed collectors of taxes to take 
similar articles, instead of specie. The expense of lawsuits 
was lessened, and a process before a justice of peace provided, 
which saved attorney's and sheriff's fees, and a part of the sum 
charged to that year, was deferred to the next. While the 
general court was in session, it was reported that the discon- 



HISTORY OF MASSACHUSETTS. "317 

tented would attempt to prevent the sitting of the supreme 
judicial court in Bristol county ; and a committee* was chosen 
by the two houses to request the governor to issue orders to 
the major general of the militia of that division to be pre- 
pared for the protection of the court. This measure was 
matter of satisfaction to the friends of the governor; especially, 
as it was pretended, by a portion of the people, that he was 
too rigid a supporter of government and law. The discontented 
assembled many of them with arms, to prevent the sitting of 
the court, as had been apprehended ; but the resolution and 
promptness of the major generalf induced them to disperse 
without offering any violence. And it was proof of the lenity 
of government, that none of them were immediately seized 
and punished. 

Before the legislature adjourned, a resolve was passed, 
offering pardon for the disorders which had been committed, 
on a promise to cease from all similar opposition, and taking 
an oath of allegiance to the commonwealth and to support 
the constitution and the laws ; an address to the people was 
also published, stating the public debt, and the object of the 
taxes then to be raised, both for the state and for congress. In 
this address, the people were solemnly warned of the mis- 
chiefs of opposition to the government ; a government of their 
own choice, and administered by their fellow-citizens appointed 
by themselves ; and urged to make an effort, by frugality, in- 
dustry and self-denial, to lessen the debt, which was the price 
of their liberties. 

On a report, that the court to be holden at Cambridge the 
last of November, would be prevented, by the discontented, 
in the counties of Middlesex and Worcester, the governor 
ordered out three regiments of militia to be commanded by 
Major General Brooks ; and required others, in Suffolk and 
Essex, to be in readiness to march if directed. The militia 
assembled, as ordered, but the insurgents did not appear ; 
but it was known that attempts would have been made to stop 
the court, if the militia had not been prompt and numerous. 

General Brooks had been a colonel in the army of the 
revolution ; a man of great bravery and. prudence. He then 
had the entire confidence of Governor Bowdoin, as he had 
through the war of General Washington. About three weeks 

;* Samuel Adams was chairman of the committee, and probably movi d 
its appointment. General John Brooks was also one of that committee. 

t This was Hon. David Cobb, a distinguished officer in the war of the 
revolution ; and then also chief justice of the court of pleas for the county. 
He said " he would sitas a judge, or die as a general.'' 

39 



318 HISTORY OF MASSACHUSETTS. 

after, the court of general sessions of the peace, which was to 
have assembled at Worcester, was prevented by a number of 
armed men, who with threats forbid the organization of the 
court. Meetings of the discontented were also held in various 
other places, complaining of the acts of the legislature, at its 
late extra session, and declaring their resolution not to submit 
to the tax acts, nor to suffer the courts of law to transact the 
business pending before them. 

Finding the lenity and forbearance of the general court 
misunderstood by the complainants, and a resolution manifested 
by their leaders still to oppose the laws and to prevent the 
regular administration of justice, the governor issued a general 
order, as commander-in-chief of the militia, to the several major 
generals in the state, to have their respective divisions in readi- 
ness to march at short notice, as they might be directed. With 
all his firmness, and his resolution to support the authority of 
the government, he was evidently desirous of calling on the 
military only in a case of absolute necessity. But the insurgents 
were not deterred from their evil purposes, by the preparations 
of the executive. They assembled in Middlesex, in Decem- 
ber, and threatened to stop the court, then about to sit in Cam- 
bridge, though the governor had received assurance that they 
would not attempt to prevent it. The failure was owing to the 
non-appearance of a large party of the discontented from Wor- 
cester, as had been expected. Soon after, in the same month, 
they collected at Worcester, to prevent the sitting of the court 
for that county. But no further efforts were made by them ; 
for two hundred of the militia and other citizens under arms, 
assembled near the court house, on the side of government. 
The justices, however, did not proceed to business, having been 
advised by the governor to adjourn to a future day, in the hope 
that a little delay and forbearance on the part of the executive 
would induce them to disperse. But, on the contrary, they 
collected at Worcester, to the number of one thousand ; and 
though no acts of violence were committed, they took up their 
lodgings in private houses, without invitation, and otherwise 
gave alarm to the peaceable inhabitants. 

At the same time, a large body of the discontented assembled 
in Hampshire county. A portion of them were disposed to 
proceed no further, and to accept the proffered clemency of 
government; but others were resolved to oppose the laws, and 
to seek redress by force. The more violent, as is often the 
fact, in such combinations, had the greatest influence, and pre- 
vailed on most, who were dissatisfied with their present condi- 
tion, to continue with them, for the purpose of "bringing the 



HISTORY OF MASSACHUSETTS. 319 

government to terms." They bad a plan, at this period, in 
the confidence of their strength, to march to the capital of the 
state, to display their boasted superiority, and to liberate several 
of their fellow-insurgents, who had been taken in Middlesex, 
and confined for trial. 

In this state of the interior, comprehending nearly a moiety 
of the territory and population, the governor directed Major 
General Lincoln, of the first division, who was a man of great 
prudence and moderation, as well as firmness, and who had 
been high in command in the revolution, to take measures for 
the protection of the capital, and also to watch the movements 
of the insurgents. Major General Brooks, of the Middlesex 
militia, had also similar orders from the commander-in-chief, at 
the same time. 

No attempt was made to march to the capital ; and after a 
few days, the insurgents, with some exceptions, repaired to 
Rutland, and lodged in the old barracks erected during the 
war; but soon marched to Springfield, where the supreme 
judicial court was to be holden according to a former adjourn- 
ment. They suffered much by the severity of the cold, and 
some returned to their homes. It was even reported, that the 
leaders began to relent of their rashness ; and if they could again 
be assured of pardon, would cease all opposition. But no 
specific proposition or promise was made by them to the exec- 
utive ; nor could the governor promise more on his part, than 
to recommend them to mercy. The correct course for them 
would have been to separate, and retire quietly to their homes; 
for, in that case, as no acts of violence and outrage, further 
than appearing with arms, and uttering threats, had been com- 
mitted, a pardon would probably have been extended to all. 

The insurgents, collected at Springfield at this time, amount- 
ed to three hundred. They took possession of the court house, 
the day before the court was to sit ; and, in effect, forbid the 
opening of the court, though their note to the judges was in the 
form of a request. The judges had no protection, and consid- 
ered it prudent to separate without proceeding to business. 
The governor probably had been led to believe that the insur- 
gents would not appear; their condition, and the reports in cir- 
culation, a few days before, had given cause for such a belief. 
On receiving intelligence of the affair at Springfield, and of the 
continuance of the insurgents under arms, who after this trans- 
action were increasing, the governor immediately called his 
council together, who advised to the measure he proposed ; 
which was to call out the militia in sufficient numbers to quell 
the insurrection, before it became more formidable and danger- 



320 HISTORY OF MASSACHUSETTS. 

ous. The general court, at its session in November, had pro- 
vided for such a . measure, if the exigency should require it ; 
but the governor chose to have the opinion of the council, 
whether the state of the country then demanded it. It was 
believed, that further lenity and forbearance would be useless, 
and that the spirit of insubordination might spread to such an 
extent, as not to be subdued. The great body of the people, 
in most parts of the state, were undoubtedly in favor of law 
and government ; but many were deceived by the leaders 
of the opposition, and were led to suppose the general court 
might have provided immediate relief. The period had arrived, 
when it was no longer proper to expect the discontented would 
submit, nor consistent with the public safety to delay measures 
of sufficient energy to put an end to the combination of these 
infatuated men. Orders were issued to raise four thousand 
four hundred of the militia in Suffolk, Essex, and Middlesex; 
the greater number to be from the counties of Worcester and 
Hampshire; a proof that many of the people in those counties 
were sound and correct in their opinions. Four companies of 
artillery were also ordered, from Suffolk and Middlesex. 

The command of the troops was given to General Lincoln, in 
whose energy and prudence the governor and the public had the 
highest confidence. The public treasury was empty, but indi- 
viduals loaned such sums as were necessary to meet the expenses 
of the expedition. The governor published an address to the 
people, exhorting them to aid in the support of law and order, 
and warning them of the evils of forcible opposition to the 
authority of the state. He received, at this time, a memorial 
from the insurgents ; but it was from men under arms in oppo- 
sition to lawful authority, and of such a tenor, as rendered it 
impossible to comply with its demands, or to delay the measures 
for the safety of the commonwealth. General Lincoln was 
therefore ordered to march with the militia to Worcester, where 
the court was to be holden on the 23d of January. He arrived 
on the 22d, and General Brooks w r as directed to be in readiness 
to proceed for his support, if necessary. The insurgents in 
that vicinity retired ; but soon collected, in great numbers, at 
Springfield, where they intended to make a stand against the 
regular forces of the state, and to gain possession of the arsenal 
of military stores belonging to the continent. But General 
Shepard had been previously ordered both by the state and by 
congress, to take post at the arsenal, with one thousand men, of 
the militia, to prevent its falling into the hands of these lawless 
men. The insurgents, though intimidated, were not discour- 
aged ; for they then numbered nearly two thousand. And it 



HISTORY OF MASSACHUSETTS. 321 

became evident, that their object was not only to stop the 
courts, but to oppose the whole authority of the state ; and to 
gain possession of military stores, to enable them to act with 
effect against the government, till their wild schemes were 
accomplished. 

General Lincoln was aware of the critical situation of 
General Shepard, and hastened to his relief; but the in- 
surgents resolved to attack Shepard before the militia from 
Worcester should arrive. They advanced towards the arsenal 
where General Shepard was posted, when he sent them word 
that he held the place by just authority, and warned them not 
to approach. They still advanced, and he sent a second mes- 
sage to them, that he was resolved to maintain his post, and 
forbid their marching nearer, at their peril. But they contin- 
ued to approach, and in a manner sufficiently indicative of a 
design to attack him. He then ordered two cannon to be dis- 
charged, but designedly intending not to strike the insurgents. 
Even this failed to check them ; and perceiving their purpose 
to attack him, he gave orders to fire into their ranks ; when 
three of their number were killed, and the whole party fled 
precipitately to an adjoining town. General Shepard was fully 
justified in his conduct ; and applauded by most of the citizens 
for his prudence and forbearance. Some of the insurgents 
returned to their homes after this affair; but the leaders were 
not discouraged ; and many joined them from Berkshire the day 
following. Another attack on the arsenal was proposed, but 
General Lincoln arrived from Worcester with four regiments 
and a battalion of artillery, which prevented the advance of the 
insurgents on Springfield ; and which gave great joy to the 
friends of government. A part of the insurgents moved up to 
Northampton, on the west side of the river, and were followed 
by General Lincoln ; and a portion of them retired to Hadley, 
on the east side, who were pursued by General Shepard. 

But few joined the standard of the insurgents after General Lin- 
coln reached Connecticut River. The party on the west side of 
the river returned to their homes, or retired to a distance in 
small bodies, to see the fate of the main party on the east of the 
river. The latter proceeded to Amherst, and thence to Pel- 
ham, and Petersham. The men with General Lincoln suffered 
from the severity of the weather, and the bad travelling, on 
account of a heavy snow; and often found it difficult to obtain 
sufficient provisions. He paused at Hadley, for the repose of 
his men, and, as it was believed also, to give opportunity for 
those of the discontented who were disposed, to forsake their 
leaders, and cease their opposition. 



322 HISTORY OF MASSACHUSETTS. 

General Lincoln addressed a letter to the insurgents from 
Hadley, advising them to separate; but the leaders required a 
promise from him of pardon for their conduct, which he was 
not authorized to make. He could only use his influence for 
such measures of clemency as the general court might approve. 
The insurgents sent a petition to the governor, proposing to lay 
down their arms and disperse, on assurance of forgiveness. 
But, at this stage of the insurrection, he did not think it proper 
to give any such promise, or to hold any correspondence with 
them while they continued under arms. The general court 
soon assembled, and expressed their full approbation of the 
conduct of the executive, and also formally declared the exist- 
ence of a dangerous rebellion in the state. 

In the meantime, General Lincoln, finding the insurgents 
did not disperse, but even received some accession to their 
party, and that a spirit of opposition and menace was prevail- 
ing in Berkshire, made a prompt movement and advanced on 
Petersham, a distance of thirty miles, during the night. It 
was severely cold, and his men suffered a great deal. General 
Lincoln reached Petersham at an early hour of the morning, 
and when the insurgents had no expectation of his approach. 
Most of them fled immediately, and without making any op- 
position ; among which were the leaders. One hundred and 
fifty were taken prisoners. Those who were the most obnox- 
ious to government, from their great activity and influence in 
stirring up and protracting the rebellion, left the state, as the 
only means of safety. 

The militia, under General Lincoln, were engaged for thirty 
days only : the general court, therefore, before they heard of 
the dispersion of the rebels, voted to raise others for three 
months, unless sooner discharged. But when the intelligence 
of General Lincoln's success arrived, they gave authority to 
the governor to employ such number as he might judge 
necessary, and for the period he might direct. 

It was known, that in Berkshire, many were illy disposed, 
though a great portion of the citizens were firm supporters of 
the measures of the government. A voluntary association of 
five hundred was formed for the support of order and the laws. 
About this time, a portion of these were met by a number of 
the insurgents, who fired as they approached ; one of the 
friends of government rode up to them boldly, and ordered 
them to throw down their anus. Some of them fled, but 
the greater part gave up their arms, and took the oath of alle- 
giance to the state, as required by a late law. Other parties 
of the insurgents assembled in different sections of the county, 



HISTORY OF MASSACHUSETTS. 323 

and threatened the friends of government ; but they were soon 
dispersed by General Patterson, commanding the militia in 
that county. Soon after, a party entered Berkshire from the 
state of New York, but chiefly inhabitants of Massachusetts, 
who had then lately fled, and proceeded to Stockbridge, where' 
they threatened the people who were known to be friendly to 
government, and put some of them under guard. Colonel 
Ashley collected the militia from the neighboring towns to 
quell them ; and as he approached them they fired, when he 
advanced and returned the fire. The fire continued some 
minutes from both parties ; but the insurgents soon fled, leav- 
ing two of their number slain, and nearly thirty wounded. 
Two of the militia, under Colonel Ashley, were also killed. 

By the united prudence and firmness of the governor, aided 
by the majority of the legislature, the promptness of the mili- 
tia in most places, and by the influence of wise and discreet 
individuals, an unhappy rebellion was early suppressed, with 
the loss of only a very few lives, and a small expense to the 
state. Had there not been great firmness and energy in the 
executive, the evil would have been far more extensive ; and 
had more severity been used, the records of the commonwealth 
would have been stained with blood for many years. Several 
officers of the revolutionary army gave efficient aid to the mili- 
tia sent out by government, besides Lincoln, Shepard, and 
Brooks ; among whom were Patterson, and Ashley, of Berk- 
shire, and Tupper, Putnam, and Baldwin, of Worcester. And 
most of the leading men of the revolution, not of the military, 
were firm supporters of the measures of Governor Bowdoin. 

The most active among the deluded men, who excited the 
insurrection, fled from the state ; and though demanded of the 
authorities of the states, where they were supposed to be re- 
siding, were not apprehended. In most cases, they probably 
were secreted, if they did not go beyond the bounds of the 
United States. 

When the supreme judicial courts were first afterwards 
holden in the several counties, many indictments were made 
for treason ; and six persons were found guilty in Berkshire, 
six in Hampshire, one in Worcester, and one in Middlesex. 
They were sentenced to the punishment of death, by the 
court. Eight of them were afterwards pardoned, and the 
others were reprieved. 



CHAPTER XXVI. 



Boundary line between Massachusetts and New York settled both on west 
and east of Hudson river — Delegates to a general convention to revise the 
confederation — Mr. Hancock chosen governor in 1787 — Objections to 
Mr. Bowdoin unjust — The most intelligent were his supporters — Produce 
a tender for debts — Governor's salary reduced — Domestic manufactures 
encouraged — Attempts to pay off the public debt — Federal constitution 
formed and presented to the states for adoption — Objections to constitu- 
tion ; a subject of great discussion — Small majority in its favor — Amend- 
ments proposed by the convention. 

The contioversy with the State of New York, as to the 
claims of Massachusetts to lands west of Hudson River, was 
settled in 1786. The dispute was of ancient date. New 
York at one time denied the right of Massachusetts to any 
lands west of thai river : and Massachusetts claimed the 
width of its bounds on the seaboard to the west, till it reached 
the extreme limits of the United States, by the treaty of 1783 ; 
excepting a certain distance from the river fully and clearly 
included in the early patent of New York. The subject was 
referred to congress in 1784, by the two states, and commis- 
sioners appointed, who held several meetings to hear the 
agents of each state concerned, but came to no decision. 
Agents from the two states met at Hartford, in December, 
1786, and agreed that Massachusetts should have the preemp- 
tive right to two large tracts of land within the territory which 
it claimed, being about 5,000,000 acres ; but which was a small 
part of the whole tract demanded ; and that the jurisdiction 
should be and remain in New York. In 1787, these lands 
were sold, or the right to buy them of the Indians, for $1,000- 
000. And during the same year, the bounds between New 
York and Massachusetts, on the east side of Hudson River, were 
definitely fixed. There had been frequent disputes respecting 
the line ; and acts of violence were sometimes committed by 
those who set up interfering claims. A decision was made in 
1773, by commissioners from New York and Massachusetts; 



HISTORY OF MASSACHUSETTS. 325 

but the war of the revolution took place before the decision 
and agreement received the confirmation of the king. 

At the session of the general court in March, it was order- 
ed, that a portion of the tax then collecting might be paid in 
public securities ; which proved a great accommodation to the 
people, who could purchase them far below their nominal 
value. Provision was also made by a land lottery, for redeem- 
ing $160,000 of the public paper, which made a part of the 
debt of the state. Several townships of land in Maine were 
surveyed and divided into lots. Every ticket entitled the 
holder to a lot of land, more or less valuable according to its 
relative situation. The tickets were sold for public paper. 
The land was set at a low price ; but there was so much wild 
land then in the market, that the scheme proved no better to 
many of the public creditors than to have disposed of their 
paper for a sixth part of the nominal sum. 

In March, 1787, the general court voted to send delegates 
to a convention proposed to be holden in May following, to 
consider the expediency of giving greater authority to Con- 
gress, for the regulation of commerce with foreign countries, 
and for providing a revenue by impost to pay the public debt.* 
Governor Bowdoin had suggested'and urged it on the legisla- 
ture in June, 1785 ; and they approved of the proposal, and 
communicated it to the other states, and to congress. The 
committees, which met in Maryland in September, 1786, were 
in favor of the proposition ; the assembly of Virginia after- 
wards formally expressed an opinion in favor of it ; and con- 
gress also recommended the measure, as necessary to the 
credit and respectability of the United States. 

In 1787, Mr. Hancock was again a candidate for governor, 
and was chosen by a large majority of votes. Governor Bow- 
doin was also a candidate, and received a respectable support. 
But an opinion prevailed, that Mr. Hancock would be in favor 
of milder or more indulgent measures towards the people, in 
deferring the collection of taxes and the payment of the public 
debt. Mr. Bowdoin was accused of being too friendly to cap- 
italists and to the public creditors, and of urging the payment 
of demands on the slate. These charges were without proof; 
unless it was meant that he was desirous of supporting" public 
credit, and using constitutional authority for the maintenance 
of law and order in the commonwealth. Nor indeed could 
Mr. Hancock be justly charged with countenancing the dis- 

* The delegates from Massachusetts were Francis Darra, Elbridge Gerry, 
Nathaniel Gorham, Caleb Stroncr, and R.ufus King. 

40 



326 HISTORY OF MASSACHUSETTS. 

orders of the people, or with indifference to the public credit. 
And yet the former was believed to be more firm in support of 
the honor and authority of government, and the latter more 
compassionate or more indulgent to the necessitous condition 
of the people.* The feelings of the citizens, in some towns, 
where opposition to the laws had prevailed, were displayed by 
electing those for representatives whose sympathies were wholly 
on the side of the discontented ; but these were not so numerous 
as to prevent resolves and votes approving or pursuing the policy 
of Governor Bowdoin. And the senate elected Samuel Ad- 
ams for their president at this time, who had been the decided 
supporter of the measures of the executive in 1786. 

A proposition was made, in June, 1787, for an emission of 
paper money, with the belief that it would afford some relief 
to the people in the payment of their taxes and debts, but it 
was not adopted. But the law was continued, allowing the 
debtor to tender certain articles of produce for the discharge of 
his debts, when specie could not be obtained. The creditor 
sometimes suffered by the operation of the law ; but the circum- 
stances of the country were believed to justify the act. 

A committee was appointed, at this time, to consider the 
expediency of lessening the salaries of some public officers. 
Governor Hancock relinquished one third of his salary for the 
year; but stated, that he wished it might not be considered a 
precedent for future years. The year following he intimated his 
expectation of receiving the former amount; the general court, 
however, did not grant it. Mr. Bowdoin had been desired to 
relinquish a portion of the salary, when he was in the chair, 
but declined doing it, from an apprehension that it would be 
made a precedent in future. Governor Hancock, it was 
reported, afterwards regretted his conduct in this respect. 

In 1786, when the complaints of the people were the most 
general, on account of heavy taxes, an agreement was made 
by some of the most respectable characters in the state, to dis- 
courage the use of foreign goods, and to manufacture cloths in 
families for common consumption. Governor Bowdoin was at 
the head of this society. And it was an important measure. 
Had it been adopted two or three years earlier, it would have 

* Mr. Hancock was distinguished as being the friend of liberty ; and Mr. 
Bowdoin the supporter of the laws ; as if law and liberty might be placed in 
opposition to each other. Such a distinction must have been set up in later 
times; but for what good purpose it would be difficult perhaps to show- 
Both Hancock and Bowdoin were advocates for law and liberty. The for- 
mer had less firmness than the latter in supporting law; or was more de- 
sirous of the popular favor, which prevented his maintaining the authority 
of law, in opposition to the popular feelings. 



1UST0K1T OF MASSACHUSETTS. 327 

been of great benefit, and prevented, in some measure, the 
difficulties which ensued. For the embarrassments of 1786 
arose, in part, from a great purchase of English goods, for the 
payment of which the specie was sent out of the country. 
The plan, however, was attended with some good, as it gave 
a check to the expenditure of the people for superfluities, and 
taught them habits of industry and frugality. 

Efforts were still made, and plans devised, by the legislature, 
to restore and support public credit, but nothing could be done 
at onee to secure so desirable a result. And it was hoped that 
sufficient power would be given to congress to provide for this 
most important object. Commerce increased, and afforded a 
revenue, which was a great help; but the avails were less than 
if there had been uniform regulations in all the states. This 
was not to be effected till congress should be empowered to 
legislate on the subject, for the whole union. 

The general court was in session, in October, which had 
then long been usual; when the governor informed them that 
a new tax would be necessary, and that arrears of former taxes 
must also be collected. The legislature accordingly ordered 
the treasurer to issue warrants against collectors of. the taxes 
for 17S4 and 1785. The interest of the debt of the state, at 
this time, (1787,) was $300,000. And such were the neces- 
sities of government, that a large sum, arising from imposts and 
pledges to pay interest, and soldiers' wages long due, was ap- 
propriated to meet the current expenses. 

The federal constitution, formed by the convention at Phila- 
delphia, was received by the governor, at this time, and he 
immediately laid it before the general court. He spoke of it 
as the result of great deliberation, and of a spirit of conciliation 
by some of the ablest men in the union, and suggested the 
necessity of calling a convention in the state, to consider 
whether they would approve of it. There were but a few 
members of the general court so much opposed to it, as to ob- 
ject to a convention, though many had objections to the former. 
And it was decided to submit it to a meeting of delegates, 
chosen in the several towns, in the manner representatives 
were elected to the legislature. The convention was holden 
in January, 1788, as proposed, and consisted of three hundred 
and sixty members. Governor Hancock was chosen its presi- 
dent. 

There were various objections offered against the constitu- 
tion; and the majority of the convention, when it first met, 
was opposed to it! Some persons had prejudices against it, 
which were removed by the more intelligent members. But 



328 • HISTORY OF MASSACHUSETTS. 

many were opposed to it, as giving too much power to congress, 
and as lessening the powers of the state legislatures, so far as to 
deprive them wholly of the attributes of sovereignty and inde- 
pendence. Biennial elections instead of annual were objected 
to, and the number of representatives was considered too limited. 
The principle recognised, that five slaves should be counted as 
three freemen, in deciding the number of representatives in a 
state, was strongly opposed. The principal objection was the 
first above noticed. It was said, that the states would have 
less power than when provinces ; and that the government pro- 
posed would be a national or consolidated government, and 
would exercise the whole authority of the country. 

It was admitted, by the friends of the constitution, that great 
power was given to congress ; far more than under the confeder- 
ation. But, it was said, that such was the design in calling a 
convention ; that the defects and evils of the old system were 
seen and deplored by every one ; that congress must have full 
and complete powers relating to all subjects of a general con- 
cern, and for regulating commerce with foreign countries; and 
that it should have power also to collect a revenue from com- 
merce, for the payment of the public debt. It was further 
contended that the power given to congress was no greater than 
was necessary to remedy the evils which had existed, and to 
provide for the defence and welfare of the United States. The 
danger of anarchy, if this constitution should be rejected, was 
also represented to be imminent and almost inevitable. 

It was the general opinion, that the government for the 
United States must be complete in congress, so that it should 
have power to enforce obedience to its laws, instead of merely 
recommending or advising measures for the separate states to 
adopt. The chief question was, in what cases and in what 
respects, congress should have the sole and complete authority. 
It was said it ought to have the power on all subjects of a 
general or national interest ; as peace and war, a navy, foreign 
commerce and foreign intercourse ; the collection of a revenue, 
and providing for payment of debts incurred by the war, which 
was of equal concern to all the states. But then there must 
be a national legislature, executive and judiciary, to give effi- 
ciency to the system ; and this would be a consolidated gov- 
ernment, and, therefore, destroy or encroach too much on the 
power of the separate states. Hence arose the difficulty. On 
this point, honest and able men differed. It was said by those 
opposed to the constitution, that it far exceeded the design 
proposed in calling the convention, which was merely to give 
congress power to make uniform commercial regulations, and 



HISTORY OF MASSACHUSETTS. 329 

to impose one system of imposts for all the states, that a reve- 
nue might be raised to pay off the continental debt. But it 
was replied, that such a system would require full power in 
congress to enforce its laws touching that object; which would 
render courts and a naval force necessary, as well as complete 
authority in collectors and other officers of the customs, to be 
all under the control of congress, and not of an individual state. 
And it was shewn, that full power in congress was also neces- 
sary for the welfare and prosperity of the union, as to disputes 
between the states, for the disposition of public lands, and the 
general improvement and government of the whole. 

In these respects, it was true that the new government would 
be a consolidated one ; but that such was wanted ; and without 
it, the states would soon become so many distinct nations and 
sovereignties, which would prove of infinite mischief, and pro- 
bably the ruin of all. It was admitted, at the same time, that 
in all cases, except those of a general nature, and for the com- 
mon safety and prosperity, the states should exercise the 
powers formerly enjoyed, and which related to the internal 
affairs and peculiar circumstances of each. Some of the most 
zealous advocates for the constitution allowed that the national 
government could exercise no powers except those clearly 
given; and that it was an essential part of the federal system, 
that the separate states should still use all authority not ex- 
pressly delegated to congress for the benefit of the union. 

It was thus understood and conceded, that the government 
proposed by the constitution would be partly federal and partly 
national. National, in so far as it was to legislate and provide 
for the general defence, welfare and prosperity of the union ; 
and federal, in that it was to be a government of limited pow- 
ers, given by the states for specific purposes, to which no indi- 
vidual state was competent, and in the formation of which the 
states were represented in a twofold view, one as an entire 
state, whatever was its extent, and the other as might be its 
relative population. 

The convention in Massachusetts was in session several 
weeks, and the opponents of the constitution were, at an early 
period, the most numerous. But the arguments of its friends 
finally prevailed ; and when the votes were given for and 
against it, there was a majority of nineteen in favor of adopting 
it. This result was probably owing to a proposition, made by 
Governor Hancock, that several articles should be recom- 
mended to be incorporated as a part of the constitution. This 
was not a condition, indeed, of its adoption; but it induced 
several to vote for it, in the hope that these articles would be 



330 HISTORY OF MASSACHUSETTS. 

added. Their object was to restrain the exercise of power in 
congress strictly within the grants and provisions of the con- 
stitution, and to preserve to the several states all authority not 
clearly given by that instrument. Most of the articles proposed 
by the convention in Massachusetts, were approved by two 
thirds of the states, and became part of the federal constitution. 
But few states had accepted of the constitution when Massa- 
chusetts voted to adopt it; and, as it was one of the largest 
states, this vote probably had an influence in its favor, in some 
other parts of the union. General Washington discovered 
great anxiety while it was in discussion in Massachusetts, and 
was highly gratified by its acceptance. 

Most of those who opposed the constitution, when it was 
under discussion, after its adoption had the candor to give it 
their support: but there was still a difference of opinion on 
the subject, after the federal government went into operation. 
Some were for a rigid construction of the clauses giving power 
to congress, and were jealous lest it should in any case exceed 
the authority delegated ; while others were ready to allow dis- 
cretionary powers, or to permit congress to put their own con- 
struction on the constitution. 

The blessings of the federal government soon became appar- 
ent, in the increased enterprise and prosperity of the country, 
and in the confidence created in the public credit. But in no 
part of the United States were these advantages seen more 
than in Massachusetts. The pursuits of a large portion of her 
citizens were directed to commerce and navigation, and these 
prospered under the new government. Her debt, arising from 
great expenses and efforts to support the war of the revolution, 
was a burden and a cause of constant complaint ; and this was 
to be provided for by congress, except a small amount com- 
paratively, which the state alone must meet. 



CHAPTER XXVII. 



Federal Government favorable to Commerce — Assumes the debt of the 
State in part — Debt and Taxes — Public Credit restored — Slave Trade pro- 
hibited — Conduct of Mr. Hancock towards the Lt. Governor — New York 
and Virginia propose another Convention — Massachusetts disapproves 
the plan — Members of Congress — Address of General Court to President 
Washington — The Brass Field-Pieces, Hancock and Adams — President 
Washington's Tour — Address to him — Reply of Washington. 

The federal government was organized in April, 17S9 ; and 
among the first acts were those for regulating foreign trade and 
commerce by uniform laws, and for raising a ie venue from 
this source, to be appropriated to the payment of the public 
debt. The credit of the United States was thus at once and 
permanently established ; and by assuming a great part of the 
debts due from individual states, Massachusetts was relieved 
in some measure from the burdens which had been pressing on 
the people for several years. On an adjustment of expenses 
and advances made by all the states, and by each, it was found 
that Massachusetts had large claims on the general government, 
which would go to lessen the portion, otherwise belonging to 
her to pay. But even on this adjustment, the state had a 
great amount to be answerable for ; and congress having now 
all the revenue arising from impost duties, the state debt was 
large, compared to its resources to pay. The tax for 17S8 
was $220,000, while that for three years past was in great 
part uncollected. In 1789 it was much less ; the sum required 
for the interest on the public debt being about $200,000, and 
the 'support of .government $50,000; but the avails of the 
excise, which was laid by an act of the state, and still in force, 
was not sufficient to pay half of that amount. A committee 
of the general court, chosen in June, 1789, soon after reported 
that, deducting allowances by congress, and the proceeds of sales 
of land in New York, the debt of the state would be but a little 



332 HISTORY OF MASSACHUSETTS. 

more than a million of dollars; but the sum necessary for the 
support of the civil list was to be added to this, in estimating 
the amount annually to be raised. The public tax was there- 
fore reduced, after this year, far below that assessed for many 
previous years. 

From this period, the state and whole country became pros- 
perous, lands rose in value, agricultural produce bore a high 
price, commerce increased and was very profitable, and the 
labor of mechanics was in demand and well rewarded. The 
amount of revenue from the judicious regulations on commerce 
and navigation, was far greater than had been anticipated; and 
public securities, which had been often sold for one sixth of 
the face of them, rose to a par value. Many of the soldiers 
had been necessitated to part with their certificates, at a great 
sacrifice; but those who were able to retain them till 1789 
were fully paid both principal and interest. 

The legislature of Massachusetts, in 1788, again manifested 
its disapprobation of the slave trade, and of all traffic in human 
beings, by the passage of a law subjecting those who should 
have any concern in kidnapping and selling of negroes, to 
heavy penalties. The immediate occasion of the law was the 
forcible seizure of three persons of color, by the master of a 
vessel lying in Boston, with intent to carry them to the West 
Indies to be sold for slaves. The fine laid both on the captain 
and the owners of the vessel, was to a great amount; the in- 
surance was declared void ; and the relations of the persons 
seized (if sold in a distant country) were allowed to prosecute 
for the crime. 

Mr. Hancock was elected governor for 1788, 1789, and 
each successive year, including 1793, when he died. In 1788 
General Lincoln was chosen lieutenant governor, but was not 
particularly acceptable to Mr. Hancock. The conduct of the 
governor towards General Lincoln, was condemned as unjust 
and illiberal. The lieutenant governor had usually been com- 
mander of the castle, by appointment of the governor; and 
received about $1000 for his services. As lieutenant gov- 
ernor,- he had no salary. Governor Hancock did not appoint 
General Lincoln to the command of that fortress. At a future 
session inquiry was made, why the appointment had not been 
given him. The governor replied, that he had the sole right 
to appoint, and that it was also for him to decide, whether he 
would have any one to command the castle. Great com- 
plaints were made against the governor, not only for not 
appointing the lieutenant governor, who was thus deprived of 
his salary as well as the office, but for undertaking to judge of 



HISTORY OF MASSACHUSETTS. 333 

the propriety of carrying into effect a law or resolve of the 
legislature. Governor Hancock claimed the right to decline 
executing a law of the general court, if he could not see the 
necessity or propriety of the law himself. This was considered 
a mere evasion. The governor was too intelligent to reason 
in this way, except that he was opposed to giving the office to 
General Lincoln: and he lost many friends by hh treatment 
of that meritorious officer. A committee reported in favor of 
$600 salary for the lieutenant governor, but the house of 
representatives allowed only $533* The majority in that 
branch were the friends of the governor; but the senate were 
willing to do justice to General Lincoln. 

The senate differed from the house, at this time, respecting 
a compliance with the request of Virginia and New York, that 
another general convention be called to prepare a new consti- 
tution, or to alter some parts of the one already proposed, and 
to incorporate some additional articles more favorable to the 
sovereign authority of the states. The house were in favor of 
the proposition from New York and Virginia ; but the senate 
were opposed to the measure, as of fatal tendency. The gov- 
ernor, also, though desirous of some alterations, had given his 
opinion, in a message communicating the request of those two 
states, against the plan ; believing it more proper to leave it to 
the states afterwards to act on those articles, rather than to 
postpone the ratification of the constitution, and wait for the 
result of another convention. 

The first representatives from Massachusetts in congress, 
under the new constitution, which was in April, 17S9, were 
Fisher Ames, George Partridge, George Leonard, George 
Thacher, Elbridge Gerry, Benjamin Goodhue, Theodore 
Sedgwick, and Jonathan Grout; the four last were chosen on the 
second trial. At a ratio of one representative for thirty thousand 
inhabitants, Massachusetts was probably entitled to twelve ; but 
the population was not then accurately known, though it was 
supposed to be three hundred and seventy thousand ; for, in 
1784, it was three hundred and fifty-eight thousand. 

Soon after General Washington w-as inducted into office, as 
first president of the United States, in April, 1789, the general 
court of Massachusetts addressed him, by letter, in the following 
terms: — "Sir: Your acceptance of your present exalted and 
important station affords universal joy to the people of Mas- 
sachusetts. They have long felt the most grateful sentiments for 
your services, and admiration for your character. And they 
reflect with pleasure en the ardor which vour presence inspired 
41 



334 HISTORY OF MASSACHUSETTS. 

in the alarming and novel circumstances of a war within their 
country, and against their civil security, so soon restored by the 
discipline and success of the army under your command. The 
unanimity of the suffrages of the states in your election, is no 
less a testimony of your merit, than of the gratitude of this 
extensive community. They have declared, by investing you 
with the powers of their president, their confidence in you, 
from the experience of your wisdom and virtues, and they 
delight to honor you. For your services, in their estimation, 
will yet far exceed their rewards. The union of the states, by 
a form of government intended to secure the blessings of liberty, 
is rendered more perfect under you, as their chief. All the 
advantages of that government, of our national independence, 
and civil liberty, may be rationally expected under your admin- 
istration. From you we shall receive those examples of public 
and private economy, of prudence, fortitude, and patriotism, of 
justice, morality, and religion, which, by the aid of divine prov- 
idence, insure the welfare of a community. To express the 
voice of our constituents, we join in the congratulations of united 
America, on this great event ; and we earnestly implore the 
protection of the Almighty on your person and family ; that he 
would afford you his divine aid in the duties of your important 
station, and long continue you a blessing to the United States." 

On a request from the executive of Massachusetts, two brass 
field-pieces, then in the keeping of congress, were restored to 
Massachusetts. There were only four belonging to the Amer- 
ican artillery when the war began. And all were received 
from that province. Two were the property of the province, 
and were taken by the British. The two, at this time return- 
ed to Massachusetts, were owned by individuals, citizens of 
Boston, and were frequently used in the course of the war. 
By order of congress, the following inscription was placed upon 
them — on one, "Hancock," and on the other, "Adams;" 
and on each — " Sacred to Liberty — This is one of the four 
cannon which constituted the whole train of field artillery 
possessed by the American colonies, at the commencement 
of the war, April 19, 1775." 

After the federal government was organized, the legislation 
and proceedings of the separate states became less interesting and 
important. All which related to foreign affairs, and to subjects 
of general concern to the union, were under the exclusive cog- 
nizance and direction of congress. And what- had been of 
peculiar interest, in Massachusetts, as well as in the other 
states, provision for the payment of debts growing out of the 
war, had become the duty of il; g I government. Yet, in 



HISTORY OF MASSACHUSETTS. 335 

a young country, just emerging from the ravages and evils of 
war, much was still to be done by each separate state, for its 
particular improvement and welfare. 

In his public address to the legislature, in May, 1789, which 
was soon after the federal government was established, Gov- 
ernor Hancock spoke of the important benefits to be expected 
from it, to the country and the state : and expressed his opin- 
ion that it deserved the confidence and support of the people. 
" But it ought ever to be remembered, (he said) that no form of 
government, or mode of administration, can make a vicious 
people happy, and that the public welfare will in a great 
measure depend on the practice of the social and private virtues 
by the people of this extensive republic ; and that this common- 
wealth, which constitutes an important part of the general gov- 
ernment, may increase its own prosperity, while it promotes 
that of tho union. We must support and encourage the means 
of learning, and all institutions for the education of the rising 
generation : an equal degree of intelligence being as necessary 
to a free government, as laws are for an equal distribution of 
property. Our wise and magnanimous ancestors, impressed 
with this idea, were very careful and liberal in the establishment 
of institutions for this purpose ; among which, the university in 
Cambridge, and grammar schools in the several towns, were 
believed highly important. Every necessary attention, I trust, 
will be paid to the former ; and I can not but earnestly recom- 
mend to your inquiry, the reason why the latter is so much 
neglected in the state. Should any new laws be necessary on 
this subject, you cannot do your country a more essential ser- 
vice than by providing them." 

A law was soon after passed, requiring all towns with two 
hundred families to support a grammar school ; which was, in 
fact, but a revival of a statute enacted in the early days of the 
colony. By this law, towns with two hundred families and 
upwards, were required to employ public teachers of youth, 
who could instruct in the Latin and Greek languages, and who 
had been educated at a college. In towns containing only a 
less number of families, the teacher of youth was required to 
have a correct knowledge of the English language. Great 
advantages were derived from this and former laws with similar 
provisions, to the whole people. The teachers for all classes 
of children were then of a more literary and elevated character, 
than many have been in later periods, when towns are divided 
into many districts, and the teachers are scarcely thoroughly 
acquainted with the English language. Schools of a high order 
have indeed been multiplied : but the public instructed of the 



336 HISTORY OF MASSACHUSETTS. 

lower class of children have not always been sufficiently edu- 
cated. 

The county of Lincoln, in Maine, which was of great extent, 
was this year divided into three counties : the two eastern 
received the names of Washington and Hancock. About the 
same time, there was a proposition again for the separation of 
Maine, and for forming it into a new state. A similar plan had 
been proposed in 1785. The petition was some time before 
the general court, but was not granted, as the majority in favor 
of the measure did not appear sufficiently large to justify it. 

In October, 1789, General Washington, then but recently 
chosen President of the United States, made a tour through 
the New England States. He had not been in Massachusetts 
after March, 1776, when the British troops left Boston. His 
reception by the people and by the rulers of the state, was 
sucli as had never been given to any individual. All were de- 
sirous of testifying their gratitude for his public services, and 
their respect and admiration of his exalted character. There 
was a universal opinion prevailing, that to him, more than to 
any other individual, the country was indebted for a successful 
termination of the arduous struggle for liberty. There were 
indeed many brave men in the field, and many able men in 
the cabinet, and very many sincerely patriotic among the com- 
mon people; or the efforts of the country never had succeeded. 
But so far as the issue depended upon military skill and force, 
the praise of victory was preeminently due to General Wash- 
ington. It was not mere courage which decided the contest ; 
but the prudence, caution, and untiring fidelity of the com- 
mander-in-chief were necessary to the success of the cause; 
and the people were fully sensible of the value of his essential 
services, and of their peculiar obligations to him for liberty and 
independence. The selectmen of Boston addressed him in 
behalf of the citizens of that ancient town, and in very respect- 
ful and affectionate terms; to which he replied, in his peculiar 
manner, honorable both to his feelings and his patriotism. The 
governor and council addressed him as follows: — "We meet 
you, sir, at this time, with hearts replete with the warmest 
affection and esteem, to express the high satisfaction we feel in 
your visit to the Commonwealth of Massachusetts. We can 
never forget the time, when, in the earliest stage of the war, 
and in the day of our greatest calamity, we saw you at the 
head of the army of the United States, commanding troops 
determined but undisciplined ; by your wisdom and valor, pre- 
venting a sanguinary and well-appointed army of the enemy 
from spreading devastation through the country; and, sooner 



HISTORY OF MASSACHUSETTS. 337 

than we bad reason to expect, obliging them to abandon the 
capital. We have since seen you in your high command, 
superior to the greatest fatigues and hardships, successfully con- 
ducting our armies through a long war, till our enemies were 
compelled to submit to terms of peace, and acknowledge the 
independence of these United States, which congress had 
asserted and proclaimed. We have now the pleasure of see- 
ing you in a still more exalted station, to which you have been 
elected by the unanimous suffrages of a free, virtuous, and 
grateful country. From the attachment, which you manifest- 
ed, while in military command, to the civil liberties of your 
country, we do assure ourselves that you will ever retain this 
great object in view, and that your administration will be pros- 
perous and happy. It is our earnest prayer, that the divine 
benediction may attend you here and hereafter ; and we sin- 
cerely wish, that through life you may continue to enjoy 
that greatest of earthly blessings, to be accepted by the multi- 
tude ofyour brethren." 

To this address, General Washington replied — "Gentle- 
men : To communicate the peculiar pleasure which I derive 
from your affectionate welcome to the Commonwealth of Mas- 
sachusetts, requires a force of expression beyond that which I 
possess. I am truly grateful for your goodness towards me ; 
and I desire to thank you with the unfeigned sincerity of a 
feeling heart. Your obliging remembrance of my military 
services is among the highest rewards they can receive : and if 
rectitude of intention may authorize the hope, the favorable 
anticipations which you are pleased to express of my civil 
administration will not, I trust, be disappointed. It is your 
happiness, gentlemen, to preside in the councils of a common- 
wealth where the pride of independence is well assimilated 
with the duties of society, and where the industry of the citi- 
zen gives the fullest assurance of public respect and private 
prosperity. I have observed, too, with singular satisfaction, 
such a becoming attention to the militia as presents the fairest 
prospect of support to the invaluable objects of national pros-? 
perity and peace. Long may these blessings be continued to 
the Commonwealth of Massachusetts. And may you, gentle- 
men, in your individual capacities, experience every satisfac- 
tion, which can result from public honor and private happi- 



ness 



» # 



* No particular title is given to the President of the United States by 
the constitution ; though the term " Excellency " is often applied to him. 
When General Washington visited Boston in 1789, every one was desirous 
of manifesting their great respect for his character; and they could 



CHAPTER XXVIII 



Opposers of the Federal Constitution — Federal Officers declared ineligible 
as Legislators of the State — Debt of United States — Congress assumed 
the Debts of the States — Expenses of war to Massachusetts — Public 
Taxes — Lotteries disapproved — Governor Hancock's views of Federal 
Government — Prosecutions against persons concerned in the Slave 
Trade — Justices of Supreme Judicial Court — Plan for a Theatre — Canal 
proposed across Cape Cod — Internal Impiovements — Laws for keeping 
Lord's Day — The suability of a State — Death of Governor Hancock — 
Samuel Adams Lieutenant Governor — His opinion of the Federal Gov- 
ernment. 



Auspicious as was the commencement of the federal gov- 
ernment, and high as was the confidence of the people gener- 
ally, in the rectitude and patriotism of those who administered 
it, there was with many a jealousy of its extensive powers, or 
an apprehension of a tendency to encroach on the authority 
and influence of the individual states. This jealousy and this 
fear might have arisen entirely from republican feelings, and 
from an honest desire to prevent an individual having too great 
power, or holding places of trust under different governments, 
which might present temptations to violate or neglect one class 
of political duties. When the federal government was estab- 
lished, every citizen at once owed allegiance to that, and to the 
state where he lived. There was not necessarily, indeed, any 
collision or interference between the duties owing respectively 
to each. For the homage and fealty of every citizen was first 
and chiefly due to the commonwealth of which he was a mem- 
ber. His allegiance, and his duty to obey the laws of the 

hardly find words fully expressive of their feelings. Governor Bowdoin, 
a man of plain manners, and not liable to excitement, had him at his house 
to dine, with a large company, when he addressed him, "Your Highness." 
He apologised for using the appellation ; but said his feelings prompted 
him to use an expression more honorable than that applied to any other 
ruler or magistrate in the country. 



HISTORY OF MASSACHUSETTS. 339 

United States, were particular and definite, and clearly pointed 
out by the constitution ; or, in other words, his allegiance and 
obedience were due to the federal government in cases, where 
power was given to it, by his natural parent state, for the gen- 
eral good. The oath required by the constitution of Massa- 
chusetts explains this subject. It imposes allegiance, faith and 
obedience to the commonwealth, (excluding all other govern* 
ments and powers and states) except in those cases, where 
authority was or should be vested, by the states, in the congress 
of the United States. Samuel Adams also well explained the 
subject, when he took and subscribed the oaths required, on his 
being elected lieutenant governor, in 1790. After taking and 
subscribing the oath of allegiance to the commonwealth, and 
before taking the oath to yupport the constitution of the United 
States, he observed, " that he considered them perfectly com- 
patible ; and that he felt himself bound by the constitution and 
laws of Massachusetts, except in cases, in which the state had 
delegated power, by the federal constitution, to be exercised 
by congress for the benefit of all the states, or of the union." 

This jealousy and these feelings, respecting the federal gov- 
ernment, proved the occasion of warm debates in the general 
court of Massachusetts, in 1790, as to the eligibility of some 
members elect to seats in the legislature, who were in office 
under the federal government. Jonathan Jackson, who was a 
marshal under the general government, was returned as a mem- 
ber of the senate from the county of Essex; David Sewall, a 
judge of the federal district court for Maine, and Christopher 
Gore, attorney of the federal district court for Massachusetts, 
were chosen members of the house of representatives. The 
senate and house acted separately on this occasion. In the 
former, their committee made a report unfavorable to Mr. 
Jackson; but the report was rejected, in the senate, by a vote 
of thirteen to eleven. The house decided against the two 
gentlemen holding their seats in that body, by a vote of one 
hundred and thirty -seven to twenty-four. But the question was 
not presented in the same form in the house as it had been in 
the senate. Instead of a report, the following proposition was 
presented in the house: "Whether persons holding offices 
under the federal government, similar to those declared by the 
constitution of the commonwealth incompatible with their 
having seats in the legislature thereof, have a constitutional 
right to retain their seats in this house?" A long and ani- 
mated discussion took place, when the vote was in the negative, 
according to the numbers above-mentioned. By this change 
of the question, the objection to their holding a seat in the 



340 HISTORY OF MASSACHUSETTS. 

general court was made to rest on the impropriety of uniting 
executive or judicial power with legislative, rather than that of 
one holding office under the federal government being ineligible 
to office in the state. Still there was a general opinion, that 
those in office under the federal government should be exclud- 
ed from places of high trust in the commonwealth. With some 
it was the desire to keep the officers and rulers of the federal 
and state governments wholly distinct; while, with others, it 
was considered anti-republican to give many offices to any one 
man. 

In 1790, the federal government, having the whole power 
of the United States for collecting and appropriating the duties 
of tonnage and impost, assumed a large portion of the debts of 
the several states, incurred for the common defence during the 
war of the revolution. The sum thus assumed, amounted to 
$21,500,000, which was the debt of the United States, besides 
the liabilities of the continental congress to meet its own pre- 
vious engagements. The portion of the assumed debt, in 
favor of Massachusetts, was $4,000,000. Before assuming 
the above amount of the debts of the separate states, the federal 
or continental debt was $52,000,000. The amount assumed 
by congress, at this time, of the debts of the several states, 
was according to their respective advances and expenses, on 
behalf of the United States, besides the expenses for the imme- 
diate and separate defence of each. Whatever any state ad- 
vanced, except by resolutions and recommendations of con- 
gress, was, at this time, not admitted and not assumed. The 
general court of Massachusetts requested congress to assume 
the residue of its debt incurred for measures of defence against 
the common enemy: and commissioners were soon after ap- 
pointed to ascertain the amount expended by the several states. 
It was found that Massachusetts had expended $18,000,000. 
Of this $4,000,000 had been assumed by the federal govern- 
ment, and 2,000,000 had been allowed and advanced by con- 
gress, at different periods of the war. Six states were found 
to have advanced more than their proportion, and seven, less. 
The largest balance was in favor of South Carolina; and Mas- 
sachusetts was the next highest of the creditor states; the 
balance credited to the state, was $1,250,000. 
1 It would appear, by this statement, that Massachusetts bore the 
expenses of the war of the revolution, to the amount of $10,- 
250,000. The additional sacrifices, losses, and expenses, by the 
state and individuals, it would be difficult to calculate. In 1790, 
however, the debt of the commonwealth was much less than 
the sum last mentioned ; as payments had been made to a large 



HISTORY OF MASSACHUSETTS. 341 

amount, during the war and the period which elapsed between 
its close and the establishment of the federal government. 

The general government was the occasion of jireat advantages, 
both in a public and private view; and its advocates and friends 
had the satisfaction early to find from it all the beneficial results 
they had anticipated. It gave great animation to commercial 
pursuits ; which afforded profitable employment to various 
classes of mechanics. And the assumption of a large part of 
the debt of the several states, so diminished the amount to be 
provided for by each state, that the taxes were comparatively 
small; and the people generally were relieved of the heavy 
burdens, of which they had before complained. On account 
of arrears of taxes, remaining unpaid for several years, how- 
ever, the public demands on the people were very sensibly felt. 
The taxes of Massachusetts were high for 1790, 'j)l, and '92, 
compared to the amount assessed in later periods. But the 
policy of forbearance, adopted in 17.84, '5, '6, and '7, should 
not be hastily denounced, as it probably saved the country 
from rebellion and anarchy. In 1791, the public tax of the 
state was only $100,000, which was not sufficient for the pay- 
ment of interest on the debt still owing, and the ordinary ex- 
penses of government. The reason given for not assessing a 
greater amount, was, that the people had then, in part, to dis- 
charge taxes of the two preceding years.* There was a plan 
of raising money for the state, at that time, by sales of public 
lands in Maine. But the lands were very low, there being 
great quantities then in the market, and the expenses of sur- 
veys and agents left little for the public treasury. A lottery 
was also granted, for the purpose of raising money for the 
state; but little was collected from that system of speculation. 
Governor Hancock had the firmness and wisdom to disapprove 
it; and the general court became satisfied of its impolicy. 

On several public occasions, Governor Hancock expressed 
his approbation of the federal constitution and government; 
and he did much to recommend and support it, though some 
of his political friends were opposed to the policy of the federal 
rulers. He was, however, among those who contended for the 
authority and powers of the individual states, except clearly 
delegated to congress. "We shall best support the federal 
system, (he said,) by maintaining the constitution and govern- 
ment of our own state. The federal government must stand 
or fail with the state governments. If the federal government 

* The tax on Boston was one eleventh part of the whole state. At a sub- 
sequent period it was nearly one sixth. 

42 



342 HISTORY OF MASSACHUSETTS. 

absorbs the powers of the state governments, it will become a 
different system from what it was intended. To maintain it, 
as it now is, will be best effected by preserving the state gov- 
ernments in all their just authority." He seems to have appre- 
hended that the general government would assume power not 
intended to be given it. For he added, "the constitution is a 
law to the national legislature itself." When he urged to mea- 
sures for maintaining the credit of the state, and for discharging 
the residue of the public debts, he said, " the price of our free- 
dom has been great toil and expense; and we feel the weight 
of it. But we feel as freemen; while the people of other 
countries are oppressed with heavy burdens, imposed on them, 
not to secure, but to destroy their liberty." 

A census of the United States was ordered, in 1790, when 
it was found that the number of inhabitants in Massachusetts 
was four hundred and seventy-eight thousand; one hundred 
thousand of which were in Maine. Not a single slave was 
returned in the state : and there was then no other state in the 
union which did not contain many. 

A case was tried in the state, about this time, touching the 
slave trade, which indicated the opinions and feelings of the 
people against that odious traffic. Long before this period, 
slavery had ceased to be known in the commonwealth : and 
the inhuman practice of the slave trade had been denounced 
and forbidden from the first settlement of New England. A 
vessel was fitting out in Boston, evidently intended and pre- 
pared for that business ; and two citizens, residents of Massa- 
chusetts, were believed to be concerned in the enterprise. 
The owner and captain were accordingly prosecuted, and 
charged with a violation of the statute of the commonwealth, 
prohibiting the practice and subjecting those engaged in it to a 
heavy fine. The persons prosecuted were convicted by the 
court of common pleas; and afterwards, on their appeal, by 
the supreme judicial court. They were fined in the sum of 
£200, the penalty provided by the statute. The principal 
objection was, that the respondents were not citizens of Massa- 
chusetts, and were liable to prosecution in the state where they 
belonged. But the statute made a resident as w T ell as a citizen 
or inhabitant, amenable to the jurisdiction of the state; and it 
was proved, that the owner as well as the master, was sometime 
present at Boston, where the vessel was equipped. At a later 
period, the trial would have been had before a federal court. 

When the judicial department of the United States was 
organized, William dishing, who was then chief justice of the 
supreme judicial court of Massachusetts, was appointed the 



HISTORY OF MASSACHUSETTS. 343 

first associate justice ; John Jay, of New York, being appointed 
chief justice. N. P. Sargent was made chief justice of Massa- 
chusetts, in the room of Judge Cushing ; and on the death of 
Judge Sargent, in 179:2, Francis Dana was appointed to that 
place. R. T. Paine, Increase Sumner, Nathan Cushing, and 
Thomas Dawes, were, at this period, the other justices of that 
court. 

In 1791, an effort was made to repeal the law of Massachu- 
setts against theatrical exhibitions. The most active in this 
attempt were citizens of Boston, where, if at any place in the 
state, a theatre could be supported, or was much desired. A 
great portion of the inhabitants, and especially the aged, were 
much opposed to it. They considered plays generally, or fre- 
quently, of an immoral tendency; that those who appeared as 
actors were far from being exemplary, if not really dissolute and 
profligate; and that it would lead to great expenses. Those 
who were in favor of a theatre contended, that it was a 
literary and elegant entertainment, and that it would be easy 
to select such plays as were chaste and pure in sentiment ; and 
therefore would be for the improvement, both of the manners 
and morals of the people. There were several meetings in 
Boston, on the subject. It was proposed to petition the gen- 
eral court to repeal the standing law, and to instruct the repre- 
sentatives to use their influence in favor of a repeal. But the 
proposal did not succeed. It was advocated by Perez Morton, 
William Tudor, and Charles Jarvis; and opposed by Samuel 
Adams, Thomas Dawes, Jr., Benjamin Austin, Jr., and H. G. 
Otis. 

The plan was revived, during the year 1791, of cutting a 
canal across the Isthmus of Cape Cod, at Sandwich, so as to 
connect the navigation of Massachusetts Bay and Buzzards 
Bay, without making the circuit of the cape. The peninsula 
is narrow, at the place proposed for the canal, and such a pro- 
ject had been often before considered. A committee was ap- 
pointed by the state to survey the grounds, and make a report 
as to the practicability, the advantages, and expenses of such 
a canal. The report of the committee was favorable to the 
project; but it was not prosecuted. Many intelligent men 
were of opinion, that it would never be of great benefit ; and 
that in winter, when most needed, it would not be passable. 
The finances of the state were then such, as rather to oppose 
than to encourage the enterprise. 

The system of internal improvements in Massachusetts may 
be dated at about this period. Not strictly indeed, the com- 
mencement of them; but plans for extending and increasing 



311 HISTORY OF MASSACHUSETTS. 

them, received more than common attention. Several turn- 
pike roads were projected; and some of them completed 
within a few years. The roads generally through the country 
were improved ; and great sums expended for this ohject. A 
project was also presented to the puhlic for a canal from 
Boston, through the centre of the state, to Connecticut, and 
even to Hudson's River. The project was rather confined to a 
few sanguine individuals ; for the resources of the state did 
not then justify the undertaking. Soon afterwards, the Mid- 
dlesex canal was projected, and by the perseverance of some 
enterprising men, the plan was prosecuted and accomplished.* 

In 1792, a law was made for the due observation of the 
Lord's day, or the christian sabbath. Similar laws had been 
enacted in the early days of Massachusetts ; and had been 
revived, at different times, afterwards. But the observation 
of the day, had become far less common than in former times, 
owing in a great measure to the war ; and the appropriate 
duties of it neglected, for business or pleasure. The law was 
not so severe or strict in its provisions, as the former ones ; 
but it prohibited travelling for business or amusement, and all 
other traffic and recreations. It was found to avail little towards 
the object intended. Men will not suffer compulsion in mat- 
ters of worship or religion ; and yet it may be proper for the 
civil authority to provide the means of religious worship and 
instruction, for the welfare and good order of society. And 
why not also to forbid all labor or amusement inconsistent 
with the observation of, or an attendance on such duties ? 

In 1793, the year of the decease of Governor Hancock, a 
suit was instituted, in the federal court, against the common- 
wealth of Massachusetts, by one Vassall, an alien. The gov- 
ernor and attorney general, as principal inhabitants of the state, 
received a summons by the marshal of the federal govern- 
ment. The governor was of opinion, that the commonwealth 
was not amenable to that court, or to any judicial tribunal. 
He summoned a special session of the general court, which 
was holden in September ; and in his public message to them, 
he observed, tl that in his opinion the state could not be com- 
pelled to answer to a civil suit, as it would be utterly incom- 
patible with its sovereignty.! The subject was discussed for 

* James Sullivan, Loammi Baldwin, and James Winthrop, were the prin- 
cipal. 

t The governor was in very feeble health at the time ; and he gave the 
address to the secretary, to read. When the secretary had read it, the 
governor said " I rely on your candor, to pardon this mode of addressing 
you. I feel the seeds of mortality growing fast within me. But I think 



HISTORY OF MASSACHUSETTS. 345 

several days, when the legislature passed a resolve, in agree- 
ment and support of the opinion of the governor.* The 
resolution was as follows : " That a power claimed, or which 
might be claimed, of compelling a state to become a defend- 
ant in a court of the United States, at the suit of an individual 
or individuals, is unnecessary and inexpedient ; and, in its 
exercise, dangerous to the peace, safety and independence of 
the several states, and repugnant to the first principles of a 
federal government." The representatives and senators in 
congress from the state were requested and instructed by the 
legislature to endeavor to obtain an amendment to the con- 
stitution of the United States, with a view to prevent a con- 
struction of any clause or part of it, which should goto'compel 
a state to answer in a civil suit, before any federal judicature. 

An article was accordingly soon after added to the consti- 
tution denying the authority of the United States courts to 
oblige a state to answer before it, to the civil suit of an in- 
dividual. The article is as follows : — " The judicial power of 
the United States shall not be constructed to extend to any 
suit in law or equity, commenced or prosecuted against one of 
the United States, by citizens of another state. "f 

This was a singular proceeding of an individual state in 
opposition to the federal government, or in interfering with a 
branch of that government, as to its power, or the meaning of 
the constitution whence that power was claimed. It was, in 
effect, a refusal to obey the authority of that government, 
until the voice of the people could be obtained on the subject. 
It w r as a single state undertaking to say, that the constitution 
had been misconstrued, and the judiciary had exceeded the 
power given to it by the constitution ; and a resolution not to 
submit to the authority which it assumed, until it was ascer- 
tained, by an appeal to the states, that the authority was 
given by that instrument. % 

I have, in this case, done no more than my duty, as a servant of the people. 
I never did, and I never will deceive them, while I have life and strength 
to act in their service." 

* The vote in the house, was 107 to 19. 

t The preamble to the resolve was — " Whereas a decision has been had 
in the supreme court of the United States, that a state may be sued in that 
court by a citizen of another state, which appears to be grounded on the 
clause of the constitution, giving authority to the federal judiciary, in casrs 
between a state and citizens of another state." And the governor said, in 
his message, " that he could not conceive, when the constitution was 
adopted, that it was expected by the people that a state should be held to 
answer on compulsory civil process to any individual." 

t If the general government is not a federal, hut a national or consolidated 
government, the conduct of Massachusetts would have been condemned as 



•316 HISTORY OF MASSACHUSETTS. 

After the death of Governor Hancock, Samuel Adams, who 
was Lieutenant Governor, filled the office of chief magistrate 
for the remainder of the political year ; and was then elected 
governor for three years, successively ; when he was induced, 
by the infirmities of age, to retire from public life.* Mr. 
Adams was one of the most firm and determined assertors of 
constitutional liberty, during the controversy with the British 
ministry, which was maintained for ten years before hostilities 
began in 1775. He was among the first few intelligent and 
resolute men, (in some respects, perhaps, the most firm among 
them.) who opposed the claims set up and the measures 
adopted by the administration in England, which tended to 
abridge 'the liberties of the colonists, and to subject them to a 
distant government, in which they were not represented. He 
was opposed to arbitrary principles, even more than to the 
oppressive measures of ministers in the parent country. His 
object always seemed to be to contend for constitutional prin- 
ciples, and to show that the conduct of administration was in 
violation of them. And in this he succeeded, in the opinion 
of his fellow-citizens generally. He had much of the puritan 
in his character and manners ; and yet was not very different, 
in this respect, from his contemporary, Governor Bowdoin ; or 
from Governor Strong, of a little later period. f 

Mr. Adams was one of those who had objections to the con- 
stitution of the United States, as giving too much power to 
the general government, and as encroaching unduly on the 
rights and authority of the individual states. He was opposed to 
the constitution, in the convention of Massachusetts, on that 
ground. But he voted for it, with the articles proposed in 
that convention, most of which were afterwards adopted by 
the other states. He retained a jealousy of the accumulation 
ofpowerbythe federal government, and of its tendency to 
consolidation. He was in favor of a federal, but opposed to a 
national government. It is important to know the views of 
such a man as Governor Adams, of the federal government, 
especially at this early period. In January, 1794, after re- 
ferring to the origin and cause of the new government, which 
had far more extensive power, than under the old confedera- 

altogether improper and dangerous. And it is to be considered, also, that 
the case was not referred to the people by conventions to decide, but to 
the legislatures of the several states. 

* Governor Adams was 76 when he resigned the office of chief magis- 
trate, in 1797. 

t Mr. Strong was first chosen governor in 1800, and he manifested par- 
ticular respect towards the venerable patriot, ex-governor Adams. 



HISTORY OF MASSACHUSETTS. 347 

tion, Mr. Adams said, " it was judged that the great affairs of 
the United States, which before were entire sovereignties, 
could not be well conducted under the diieetion <>l several 
distinct governments. They therefore formed a federal con- 
stitution ; by which certain powers of sovereignties are delega- 
ted to the persons chosen to administer the general govern- 
ment, to be exercised conformably to and within the restric- 
tions of the constitution ; and all powers not vested in congress, 
remain to the states individually,;, Great caution is necessary, 
lest any degree of infringement take place, either on the rights 
of the federal government, or on those of the several states." 
Such were the views of most of the friends of the federal con- 
stitution and government at that period. Consolidation was 
avowed and advocated by very few. While it was admitted 
and contended, that the full powers of the federal government 
should be exercised, as essential to tire welfare and prosperity 
of the United States, it was insisted, that the power, not clearly 
given, must remain with the individual states ; otherwise the 
compact would be violated, and the liberties of the people be 
in danger.* 

In the same speech, Mr. Adams referred particularly to the 
principle of civil and political liberty, recognised by the con- 
stitution of Massachusetts, " that all men are born free and 
equal ; and have certain natural, essential and unalienable 
rights ;" which he said, " he considered to be guaranteed by 
the author of nature and implied by the christian revelation." 
He referred to these first principles, he said, " because he 
fully believed, that on them depended our free republican in- 
stitutions, and the social welfare of the people." 

* Because, in the several state constitutions, there was a bill of rights, 
limiting the powers of the government and rulers; and, if the federal 
government was not amenable to the states, by which it was formed, and 
could exceed the authority delegated, it would be responsible to no con- 
trolling power, and would exercise authority to an indefinite and unlimited 
extent. 



CHAPTER XXIX. 



Dispute with France ; — and with England — Formation of parties — At- 
tachment to France — Antipathy to England — Censures of the conduct 
of the federal Executive — Treaty with England, 1794 — Objections to it — 
Causes of party opinions — Views of federalists and of anti-federalists — 
Governor Adams — His political opinions — His recommendations of sup- 
port for schools and teachers of religion. 

At this period, (1794,) there was a general and strong 
feeling prevailing through the United States, on the subject 
of the French revolution. This feeling it was natural for the 
American people to possess, as the French nation had afforded 
great assistance to the United States in their struggle for free- 
dom and independence, and as that people were then believed 
to be seeking a more mild and free government. These con- 
siderations operated with all classes of people in the United 
States, in favor of the revolution in France in 1792 and 93. 
But when, under the pretence of seeking for political freedom 
and of merely opposing despotic power, as exercised by the 
king and his ministers, it appeared, that factions and cabals 
had taken their place, and that the greatest cruelties and 
outrages were committed in the name of liberty, the friends of 
government and order in America were alarmed, and withheld 
their approbation, which before had been fully expressed. 
Many citizens of the United States not only strongly condemned 
these excesses, but they began to doubt the favorable result of 
the French revolution. And in their condemnation of these 
excesses and cruelties, spoke with less severity against the 
former government of France and against monarchy in gen- 
eral. Others were ready to apologize for these excesses, as 
unavoidable in a revolution of an old and despotic state ; and 
to censure the factions less severely than was reasonable. It 
was not, however, a mere abstract question, or one addressed 



HISTORY OF MASSACHUSETTS. 349 

solely to the sympathy of the people of the United States. 
The citizens of France, who assumed power, on the deposition 
and execution of the king, interfered with the government of 
this country, made demands on it, and assumed to dictate what 
measures it would be proper for it to adopt, in a manner incom- 
patible with the sovereign rights of the United States. It be- 
came, therefore, a queston of practical importance what course 
to pursue. General Washington, then chief magistrate of the 
union, though justly sensible of the assistance of France in the 
war of the revolution, and desirous of a reform in the French 
government, which would be favorable to the liberties of the 
subjects, was not disposed to compromit the peace and welfare 
of the United States, by joining that nation in a war with other 
European powers. He issued a proclamation cf neutrality, 
forbidding the citizens of America to engage in the contest, in 
any way, between France and the other powers of Europe; 
and prohibiting French agents from fitting out armed vessels 
in the ports of the United States. 

This policy of the federal administration was generally ap- 
proved by the people; but there were some who condemned 
it, as ungrateful to France, and as deficient in that decided 
spirit in favor of liberty, which became the American republic, 
towards the new republic in Europe. That portion of the 
citizens of Massachusetts, who were of the latter character, 
gave their support to Governor Adams, and claimed him as 
their political friend. But he never justified the excesses and 
cruelties committed by the revolutionary factions in France, 
though he was not so early in condemning them, or in despair- 
in"- of civil liberty in that country, as some others were. After- 
wards, he reprobated their conduct as expressly and as severely 
as others. And, at the time the feelings of the country were 
most excited, by the improper interference of the French min- 
ister to the United States, whose conduct was justified or ex- 
cused by some of the people, Mr. Adams publicly declared 
his confidence in the wisdom and patriotism of General Wash- 
ington, then the chief magistrate of the United States. 

"From this period is to be dated the origin of two £reat politi- 
cal parties, into which the state and country were divided, for 
several subsequent years. The parties, indeed, began rather 
at the formation of "the federal government, in 1789; for then 
the people were divided in opinion, as to the excellence, and 
expediency even of that government. By those who made 
great professions of republicanism, it was objected that the fed- 
eral <>-overnment approached too nearly to monarchy. But the 
43 



350 HISTORY OF MASSACHUSETTS. 

beneficial effects of that government had reconciled many who 
were opposed to the constitution. The parties, indeed, con- 
tinued to be thus distinctly marked, but not with much bitter- 
ness or warmth. The French revolution, and the policy of 
the federal government, relating to the measures of that nation, 
served more distinctly to mark the difference between these 
parties. And when President Washington, in 1794, instituted 
a special embassy to England, to settle difficulties with that 
government, and to maintain peace with that nation, if it might 
be honorably effected, in preference to uniting the destiny of 
America with France, and joining her in a war against Great 
Britain, the party professing to be most republican, which had 
opposed the federal constitution, and the proclamation of neu- 
trality, became more explicit and more open in their censures. 
This class of the citizens, in their gratitude to France and their 
love of republican freedom, as well as from prejudices against 
England, and a fear, perhaps, of an alliance with that nation, 
were inclined to assist the French people, even at the hazard 
of a war with Great Britain; while the other portion, denomi- 
nated federal republicans, agreeing with General Washington 
and his cabinet, felt no desire and no obligation to make com- 
mon cause with France ; and chose rather to make an effort to 
preserve the commerce and peace of the country. From this 
period, the two parties became more apparent ; and on some 
occasions their feelings were quite exasperated towards each 
other. In the warmth of their political disputes, they some- 
times lost their moderation and candor, and applied epithets 
and made charges, alternately, which were unjustifiable and 
unfounded. The federal party was charged with being in 
favor of monarchy, and friendly to Great Britain ; and the 
democratic, or anti-federal party, was accused of being so de- 
voted to France, as to be willing to hazard the welfare and 
peace of the United States for the prosperity of that nation. 
Sometimes even bribery was charged by each party on the 
other, in the heat of controversy ; but without proof, or any 
evidence sufficient to justify belief. And many who opposed 
the policy and measures of the federal administration, were 
advocates for liberty, in such a sense, or to such an extent, as 
was incompatible with the due authority of law and govern- 
ment. 

In pursuance of the instructions of President Washington, 
Mr. Jay, one of the purest patriots of the revolution, formed a 
treaty of amity and commerce with Great Britain, in 1794; and 
thus fortunately prevented an open rupture between that coun- 



HISTORY OF MASSACHUSETTS. 351 

try and the United States, which the French rulers of that 
period attempted to produce, and which even some American 
citizens seemed ready to justify. Owing to former prejudices 
against England, and to the belief, that the treaty was not suf- 
ficiently favorable to the commerce of the United States, it was 
denounced before it was thoroughly understood ; and in Bos- 
ton, there was a meeting at which it was condemned, " as in- 
jurious to the interests of navigation, as derogatory to the char- 
acter of the government, and dangerous to the peace of the 
country." * The chamber of commerce, in that town, soon 
after gave an opinion, that the treaty would be more favorable 
than had been feared, and that it would be proper to ratify it. 
To the citizens of Boston, General Washington said, in reply : 
" In every act of my administration, I have sought the happi- 
ness of my fellow-citizens. For the attainment of this object, 
my principle is to overlook all local and partial considerations, 
to consider that sudden impressions, when erroneous, would 
yield to candid reflection, and to consult chiefly the permanent 
interests of our country. The constitution is the guide, which 
I can never abandon : and it assigns to the president and senate 
the power of making treaties with foreign nations. It was, 
doubtless, supposed, that two branches of the government would 
combine, without passion, and with the best means of informa- 
tion, those facts and principles on which the success of our 
foreign relations will always depend ; that they ought not to 
substitute, for their own convictions the opinions of others, nor 
to seek truth through any channel but that of a temperate and 
well informed investigation." In reply to the Boston chamber 
of commerce, he said : " While I regret the diversity of opinion 
which has been manifested on this occasion, it is a great satis- 
faction to learn, that the commercial part of my fellow-citizens, 
whose interests are most directly affected, generally consider 

* Perhaps, there can be no greater evidence of the unpopularity of the 
treaty agreed to by Judge Jay with England, in 1794, than the almost unan- 
imous vote of a Boston town meeting, attended by the political friends of 
Washington, arid supporters of the federal government, at that time. It is 
true, however, that the meeting was got up at short notice, and the 
report was, that the treaty was highly injurious to the commercial interests 
of the country. But the fact affords proof of the great mischief of acting 
under a sudden excitement. The treaty had not then been published. 
General Washington gave a gentle rebuke to the Bostonians, on this occa- 
sion; which they indeed justly deserved, but which they would not have 
received from any other president, without a prompt expression of their 
feelings. The opinion expressed by the chamber of commerce, in Boston, 
a few days after, when there had been time fully to consider the terms of 
the treaty, was very different from the resolutions of the town, which were 
adopted under the influence of a popular excitement. 



•352 HISTORY OF MASSACHUSETTS. 

the treaty as calculated, on the whole, to procure important 
advantages to our country." 

In this season of general prosperity and of advancement in 
wealth, the interests of education and of letters were also zeal- 
ously cherished. A society was formed in Massachusetts, in 
1794, for the purpose of collecting and publishing such manu- 
scripts, pamphlets, and documents, as would serve for materials 
of a correct and full history of the state from its first settlements. 
The labors of the society have proved very useful in promoting 
the objects proposed by its liberal founders. Of these, Rev. 
Dr. Belknap was the principal; his early fellow laborers were 
James Sullivan, James Winthrop, William Tudor, Rev. Peter 
Thacher, Rev. John Eliot, Rev. James Freeman, and George 
R. Minot. The same year a college was established at 
Brunswick, in that section of the state called Maine, and 
afterwards formed into a separate commonwealth. It received 
the name ofBowdoin College, in honor of Governor Bowdoin, 
who was a distinguished public and literary character in Massa- 
chusetts ; and whose son gave a large part of his patrimonial 
estate to the institution. It soon became a great benefit to 
that part of the country; then and afterwards rapidly increas- 
ing in wealth and population. 

The political parties in the state and country, originated and 
distinguished as before related, continued for several years, and 
occasionally manifested great asperity and bitterness towards 
each other. Both were sensible of the necessity of good gov- 
ernment, and were attached to republican freedom. No one 
could be more decided in favor of rational liberty than General 
Washington : no one could be more ready to support the 
laws than Governor Adams.* Yet some of the supporters of 
the former were probably in favor of a stronger government 
than the federal constitution provided ; and some of the adher- 
ents of the latter avowed sentiments dangerous to the peace of 
society, and incompatible with the authority of government. The 
great dispute with the majority of each party was, as to the best 
measures of maintaining constitutional authority and liberty. 
The anti-federal or democratic party were most apprehensive 
of encroachments on liberty ; and therefore chiefly desirous of 
adopting measures to prevent them. The federal party, sensi- 
ble of the necessity of good government, and fearful of the 



* This reference is made because General Washington was at the head 
of the federal administration, at this time ; and Governor Adams was 
deemed the head of the democratic party in Massachusetts, 



HISTORY OF MASSACHUSETTS. 353 

effects of the demoralizing and leveling principles which were 
prevailing in France, and insinuating into society in America, 
were particularly careful to guard against misrule, and to sup- 
port the legitimate powers of government ; not, however, by 
any arbitrary measures or by abridging the constitutional liber- 
ties of the people. The latter aimed rather to make the con- 
stitution their rule and guide, than the opinion of a portion of 
the people, prematurely expressed under sudden excitement, 
though pretended to be the public sentiment, when the sober 
and reflecting part of the community had different views. 

It would be incorrect and uncandid to characterize the oarties 
by saying, one was for liberty without law, and the other, for 
law without liberty : both were friends of constitutional liberty 
and law. The question was as to the best and surest means 
of preserving the former, and of supporting the latter. And the 
dispute arose from prejudices and partialities growing out of 
a former period, the war of the revolution, when the British 
were the enemies, and the French the friends of the United 
States. 

The extensive powers of the federal government served to 
strengthen, but did not give the greatest force to the different 
views and feelings of these parties, and yet, at a later period, 
when the partialities for France, in a great measure, ceased to 
operate, the political parties continued ; owing chiefly to a dis- 
position in one party to extend the powers of the federal gov- 
ernment, by a liberal construction of the constitution ; and, in 
the other, to the principle of consulting the people, as to its 
meaning and design. Thus both parties deviated from the 
directions of that (almost) sacred instrument ; the one justifying 
any exercise of power by inference ; and the other making it 
less a guide, than the pretended opinion of the people, however 
hastily formed and expressed. 

Like his predecessors, Hancock and Bowdoin, Governor 
Adams frequently expressed his sense of the importance of the 
religious and literary institutions of the state ; and officially 
recommended to the legislature to make suitable provisions for 
the support of christian teachers, and of instructers of youth, 
at the public expense. He w T as one of the framers of the con- 
stitution of Massachusetts, and had a principal share in prepar- 
ing the bill of rights, which declares it the duty of the rulers of 
the commonwealth to provide for the maintenance of public 
schools, and of religious worship and instruction ; but leaving 
it to the people, in the several towns and districts, to choose 
their respective teachers, and to determine their compensation. 



354 HISTORY OF MASSACHUSETTS. 

The statesmen who framed the constitution were fully sensible, 
that the intelligence, moral habits, and good order of the com- 
munity were chiefly to be attributed to the institutions, long 
maintained in Massachusetts, for christian worship and instruc- 
tion, and for the education of children of all classes and grades 
of the people. The third article of the bill of rights, which is 
a part of the constitution of Massachusetts, was not agreed to 
by the convention which formed that instrument, without long 
discussion and deliberation. There was a desire in the conven- 
tion to provide by law for the support of public religious 
instruction in all the towns in the state, as well as for public 
schools for the whole population, with a view to social order, 
but to allow every citizen perfect liberty of conscience, as to 
the forms of worship, and the peculiarities of speculative opin- 
ions. In 1833, the third article was stricken out of the bill of 
rights, by the consent of the people, on recommendation of the 
general cw* 



CHAPTER XXX. 



A.- • .... .-- — . - -i- "r : .-._^t:- .-:: .-: : — -f:.L.:.f :;' :z:_: : : _l ;- - 



: e.~?. :e.: i. :t : - ze: •. _.i A: i:_5 - :- e".r::e : _ 
United States, in 1797. General Washington 
v'.ice v_ : vrir?. e: :. :_en -•:-.:. re> : r .if; 

p:r::r: :~: .5 ::.s.: - r.i:.; -= .- :. : _ ,- -. 
_:-:.: i: . :v ;:. _ iz'.f^r.:;.'. he —15 :.--: : ;' :_; 

:: : '..e :.::.:f::,. : : _: - -- ^ 'â– '- - ---" -""- 

F: ■: : r . : a 1 T T ~ . He :::.:.:.: -£■:;:: e ; ; 
z :.'-..: :. : 1: v. " r:: ..v : r : ere : rsse :: ser 
;e: S-.^re. :..;.:; "./-: ...e: :e:.;: ::':: e - ;.; :;" 
:::^:F::::f :::h:..;:: .::":.:::.: e 
ac;. i::e :~ :::?. 15 e:.' : :; : f _. ; : run. 
r:e : u e? ; uu u: :.;:. u: . ~ .:. : :j z - ::: u 
who were ignorant of his tme character, or who 1 
his political view? from sinister motive?. He 1 
er/.j-f ruuuu :: s: _:e..: :. ;;â– ::: :~ : :' : e :;. 
ingtoo possessed : and : a pretended, i 

favor of monarchy : especially of a limited mooa 
of England. And in some of his political wt 
spoken in commendation of various parts of the I 
tier., cuuuu :: --..•:: F.:u-;u. _. :~ uu 
period of the French revolution, he had also 
errors and excesses with which the people of tl 



356 HISTORY OF MASSACHUSETTS. 

Under the administration of President Adams, the opposi- 
tion to the federal government increased, and the parties be- 
came still more distinctly marked and known. This was par- 
ticularly the case in Massachusetts. While Governor Adams 
was a candidate, though he disapproved of some of the mea- 
sures of the federal administration, he had no formidable rival. 
Some were dissatisfied ; but they either presumed his opposi- 
tion would not be violent or general, or that it would be vain to 
set up an opposing candidate, when he gave notice, in the 
beginning of 1797, that he declined the suffrages of the people, 
because of his age and infirmities. There was then a candidate 
for the place of chief magistrate offered by each political party 
in the state. Increase Sumner, one of the justices of the supreme 
judicial court, who was supported by the federal party, was 
elected. Moses Gill, the lieutenant governor, and James Sul- 
livan, the attorney general, were also candidates for the office. 
They received the votes of the anti-federal party, being con- 
sidered more in favor of the power of the states and of the 
liberties of the people, but not avowed or decided opposers of 
the measures of the federal government. 

In his first public address to the general court, on being in- 
ducted into office, June, 1797, Governor Sumner spoke with 
decided and entire approbation of the policy and measures of 
the federal administration. He expressed his belief of the wis- 
dom and prudence of the course pursued by General Washing- 
ton, and as having been necessary for the peace, prosperity, 
and lienor of the United Stales. And he declared his confi- 
dence in the intelligence and patriotism of President Adams, 
as qualifying him to administer the government with safety to 
the country, and in accordance with the great principles of the 
constitution. President Adams was a decided and zealous 
friend of commerce ; and this rendered him more acceptable 
to the people of the eastern, than to those in the southern and 
western parts of the union. The treaty with Great Britain also 
operated more favorably than had been apprehended or pre- 
dicted ; and this removed one great objection to the federal 
administration. Still the conduct of the two great belligerent 
powers in Europe, was such as to be injurious to the rights of 
neutral nations ; and to none more than to the United States. 

The commerce of America, at this period, (1797,) was sub- 
ject to frequent depredations. In their plans to injure each 
other, both France and England were chargeable with commit- 
ting great injustice and outrage on the merchants of the United 
States. The people loudly complained, and many were de- 
sirous of retaliatory measures. Some demanded war against 



HISTORY OF MASSACHUSETTS'. 357 

England, and some against France ; and some advised to retire 
from the ocean, as the only wise and safe expedient. 

In this state of the public mind, and with these conflicting 
opinions, the federal administration had much opposition to 
encounter, and the discharge of its duty to the country was ex- 
tremely difficult. It was impossible to satisfy all the people, 
and not easy to decide which was the just and safe course. 
To maintain its neutral position, and to preserve peace if pos- 
sible, seemed to be the policy and the wish of the administra- 
tion. But it owed something to its own honor, and more to 
the interests of the people: and it was said, there was a point 
beyond which forbearance would neither be honorable nor safe. 
The majority of the people in Massachusetts manifested their 
approbation of the policy of the federal government, by the 
reelection, in 1798, of Mr. Sumner, who gave Mr. Adams' 
measures his decided support. The conduct of the French 
rulers was so threatening and hostile, that an attack by them 
on the coasts of the United States was feared ; and the governor 
recommended to the general court to adopt defensive measures 
for the protection of the people on the seaboard of the com- 
monwealth. 

At this period, the federal government gave authority for 
building several large frigates, and for raising an army, for the 
protection and safety of the United States, if an attack should 
be made by any foreign nation. President Adams ordered one 
to be built in Boston, which was called the Constitution; and 
the officers from Massachusetts, appointed for the provisional 
army, were Henry Knox, as major general, and John Brooks, 
as a brigadier. These measures, with some others adopted at 
the same time, served to increase the opposition in Massachu- 
setts to the federal administration ; for it was said to create a 
needless expense, as the French would not probably send 
troops to invade the country. And the objection was greater 
to an army than to a navy. For the latter might be necessary 
for the protection of commerce, in which a great portion of the 
state was engaged. Political parties, of the character pre- 
viously existing, were very bitter in their writings; and their 
disputes respecting candidates for office, were fierce and violent. 
Those who complained of French aggressions were charged 
with being the friends of Great Britain ; and such as censured 
British depredations were accused as being the friends of 
France. . And the great dispute with many was, not whether 
the United States had unjustly and wantonly suffered, and 
what was necessary for redress and defence, but whether war 
should be declared against England or France. No doubt 
44 



358 HISTORY OF MASSACHUSETTS. 

there was much true patriotism in most of each party, and that 
each and all would readily defend their own country against 
any foreign power, which should dare to invade it; but the 
question was, which was most unjust and violent in its treat- 
ment, and which ought to be selected for hostile attack. 
There was, however, apparently too much of passion and pre- 
judice mixed with patriotism, in a great portion of the people, 
to qualify them to decide with perfect impartiality and correct- 
ness. The spirit of party had undue influence; and, as in 
all similar cases, kw were justly desirous of forming a just and 
correct judgment. When party feelings have been long cher- 
ished, the people contend for victory rather than truth ; and 
seek rather to confound their opponents than to establish what 
is right.* 

* Party is an evil incident to all free governments. In a republic, where 
all the citizens have a right to speak and vote, and a chance to gain power 
and office, there will be an indulgence of the selfish passions, as well as a 
diversity of political opinions. Such is the fact even in England. In the 
United States, it is much more so. Whether a politician shall be esteemed 
honest and patriotic, or not, must depend on his general character, rather 
than on his particular opinions, touching the conduct and policy of rulers. 
The intelligence and good sense of the people can alone correct the evil, 
so far as it is possible to prevent or restrain it at all. 



CHAPTER XXXI. 



Legal Provision for Public Worship, and Religious Teachers — Complaints 
by minor sects of the Constitution on the subject — A law in 1800, 
more favorable to religious liberty — Reference to law of 1811 — Com- 
plaints of Alien and Sedition Acts — Resolutions of Virginia, condemning 
them — General Court of Massachusetts disagrees to Resolutions of Virt 
ginia— Death of Gov. Sumner — Gov. Strong — His character and opinions 
— Death of General Washington — Gov. Strong reelected — His Concilia- 
lory Speech. 

• 
Religious freedom was always a subject of strong interest 
with the people of Massachusetts. It led to their emigration 
from their native country, and to their settlement in a iar dis- 
tant and wild region. Their descendants always cherished the 
same spirit. The article in the constitution of the common- 
wealth was the result of much debate and deliberation. It was 
nearly the universal opinion, that religion was important to the 
order of society, as its sanctions were essential to virtue and 
morality. But it was a question, how far civil government 
might justly or safely interfere by directions and laws for the 
support of religion. Some insisted that the civil authority 
should require nothing, but leave religion wholly to the will 
and choice of every individual: while the majority were of 
opinion, that the legislature should have power to require the 
support of religious teachers and worship; leaving it to the 
people to choose their teachers, and their particular form of 
worship, provided that was christian and protestant. 

The constitution had been generally so construed as to give 
dissatisfaction to those who belonged to minor sects or denom- 
inations; for it had been decided, that except a person usually 
and statedly attended a different place of worship, he must pay 
to the support of the minister of the town where he resided, 
though he could not conscientiously attend his instructions: 
thus subjecting a person to the inconvenience and trouble of 
obtaining a certificate from the minister or society where he 



360 HISTORY OF MASSACHUSETTS. 

chose to worship, of his being of their communion. And this 
was alleged to be an abridgment of the right to worship God 
with such denomination as one might choose. One was, indeed, 
allowed the privilege, but was subject to some inconvenience 
and expense in securing its enjoyment. In March, 1800, a 
law was passed on the subject, considered more consistent with 
religious liberty, and more favorable to the smaller sects, than 
the former statutes, enacted before the revolution. It provided, 
that one who was of a different denomination from the majority 
of a town might pay towards the support of the teacher on 
whose instructions he usually attended, instead of paying, as 
had before been required, to the teacher of the town, whom it 
was not his choice to hear. But even this law did not give 
full satisfaction to all religious sects. It was still objected, that 
those who belonged to congregational churches had peculiar 
privileges. And it was not till the passage of the law of 1811, 
which removed all hostilities, that those who had complained 
of ecclesiastical oppression became contented with the legal pro- 
visions of the state, for the support of religious teachers and 
worship. But those who approved of the article in the con- 
stitution, requiring religious worship and instruction, considered 
the last mentioned law as a dangerous innovation; since, in 
effect, it allowed a small portion of the people in a town 
to decide whether they would have any religious teachers 
at all. 

In 1778, while Governor Sumner was in the chair, a ques- 
tion arose in Virginia, as to the constitutionality of two acts of 
congress ; and the subject was discussed with uncommon inter- 
est, in all parts of the country. These were the sedition and 
alien acts ; by which the president was authorized to send aliens 
out of the United States, if he should deem them dangerous 
characters, without trial ; and persons were made liable to pro- 
secution for a libel, if they accused the members of administra- 
tion unjustly. The first law was objected to, as being arbitrary, 
and as giving too much power to the executive ; and the latter, 
as interfering with the freedom of speech, and of the press ; 
which was highly improper in a free government. The legis- 
lature of Virginia pronounced these laws to be unconstitutional, 
and as exceeding the power given to the federal government: 
and therefore declared them to be null and void. They also 
appealed to the other states, in the hope that they would unite 
in declaring them unconstitutional and unjust. When Governor 
Sumner communicated these proceedings of Virginia to the 
general court, he expressed an opinion in favor of the acts of 
congress, to which they referred ; as aliens, if dangerous per- 



HISTORY OF MASSACHUSETTS. 361 

sons, by misrepresenting the measures of government, might 
justly be required to leave the country, without demanding 
the right of legal process, to which the citizens would be 
entitled; and as those, charged with a libel against the rulers, 
could justify themselves by showing that the charges, alleged 
to be libellous, were well founded and true. He thought the 
safety of tLe United States required or justified such laws by 
the federal government. The majority of the general court 
sustained the governor in his views ; and expressed their opin- 
ion, that the acts of congress were constitutional and proper, 
which the legislature of Virginia, and some other states, had 
declared arbitrary and unjust. 

The report made, on this occasion, in the house of repre- 
sentatives, which was adopted by a vote of one hundred and 
sixteen to twenty-nine, contained the following resolutions : — 
" That this legislature are persuaded, that the decision of all 
cases, in law and equity, arising under the constitution of the 
United States, and the construction of all laws made in pursu- 
ance thereof, are exclusively vested by the people, in the judi- 
cial courts of the United States: — That the people, in that 
solemn compact, which is declared to be the supreme law of 
the land, have not constituted the state legislatures the judges 
of the acts or measures of the federal government, but have 
confided to them the power of proposing such amendments of 
the constitution as shall appear to them necessary to the inter- 
ests, or conformable to the wishes of the people whom they 
represent: — That by this construction of the constitution, an 
amicable and dispassionate remedy is pointed out, for any evil 
which experience may prove to exist, and the peace and pros- 
perity of the United States may be preserved without inter- 
ruption." 

Governor Sumner died in June, 1799, and Moses Gill, the 
lieutenant governor, acted as chief magistrate through the 
year. In 1800, Caleb Strong was elected governor, but by 
.a small majority of votes ; Elbridge Gerry was the opposing 
candidate. Mr. Gerry was supported by the democratic, or 
anti-federal party. He was opposed to the constitution of the 
United States, from a belief that the power of the individual 
stales would be too much restricted, and that its tendency, was 
to consolidation. He had also been an apologist for France, 
in most cases of dispute between that government and the 
United States, and condemned the policy of the^ federal admin- 
istration in relation to that country and to England. Mr. 
Strong received the full support of the federal party. At 
that period, the two parties were nearly equally divided in 



3G2 HISTORY OF MASSACHUSETTS. 

Massachusetts, and through the union. The different opinions 
and views of the parties were such as had distinguished them 
for several years. Their prejudices and partialities were the 
same. Governor Strong had been long in public life, when 
he was elected chief magistrate of the state. He was 
active in the revolution, and had repeatedly been a member 
of the legislature. He was a delegate from Massachusetts, 
in the general convention of 1787, which framed the fed- 
eral constitution, and a member of the convention, by which 
it was adopted in the state. When the federal government 
was first established, he was appointed a senator in congress, 
where his services were very useful ; especially as chair- 
man of the committee to prepare a law for organizing the 
judiciary of the United States. Before this, he had. been 
eminent as a counsellor of law ; and had been appointed a 
justice of the supreme court of Massachusetts. His talents 
were of a high order, and Iris moral character was remarkably 
pure and elevated. In his political views, he agreed entirely 
with General Washington and President Adams ; and the 
measures of their administration received his official approba- 
tion and support. General Washington died a few months* 
before Governor Strong was elected chief magistrate ; and in 
his first address to the general court, he spoke of him in the 
following high, but just terms of eulogy. "His patriotism and 
eminent services endeared him to every friend of America ; 
and his fame has spread through the civilized workb~ His . 
integrity and his purity of manners, his respect for the institu- 
tions of religion, and his zeal for the public welfare, made him 
equally conspicuous, and ought to be imitated by the citizens 
of the United States. Let us cherish the remembrance of his 
modest worth, and form ourselves after the example of his 
private and public virtues ; and we shall be safe and happy, 
and shall inherit the land forever." 

The character of Governor Strong, both as a man and a 
politician, may be justly perceived, so far as his opinions would 
portray it, (and his life and practice were entirely in unison 
with his professions) by the following declarations in his first 
public speech to the legislature ; for, in sincerity, probity and 
moral purity, he resembled General Washington, whose high 
and excellent qualities he so fully appreciated. " As virtue 
and submission to the laws are essential in a republic, and 
form the only sure basis of its prosperity, these qualities must 
in a peculiar manner be requisite in those appointed to office 
in a free government. A man who is net under the influence 

* His death was in December, 1790. 



HISTORY OF MASSACHUSETTS. 363 

of moral principles can have no just claims to the public con- 
fidence. * * * There is no opinion more prevalent in 
civilized nations than that religious principles are essential to 
morality, and the principal support of lawful government ; and 
that the obligation of piety is imposed on man by his nature. 
If opposite opinions are patronised, and revealed religion, in 
particular, is represented as unfriendly to individual or social 
happiness, it becomes those who believe the truth of Christian- 
ity, to endeavor to prevent the progress of infidelity, by every 
mild and prudent method ; by promoting institutions for the 
general diffusion of knowledge, by excluding vicious and 
profligate persons from the employment of instructing youth, 
by supporting teachers of piety, religion and morality ; and 
by manifesting, in their own conduct, the genuine effects of 
the religion, which they regard as the purest source of human 
felicity." 

In 1S01, Governor Strong was re-elected for the place of 
chief magistrate, by a larger vote than he received the year 
before ; and Mr. Gerry was again the candidate of the anti- 
federal or democratic party. The political parties had not 
materially changed in Massachusetts, though in the whole 
United States, the anti-federalists had become the majority ; 
and Mr. Jefferson was elected president, in opposition to Mr. 
Adams, then the incumbent and the federal candidate. Mr. 
Jefferson had been vice-president with Mr. Adams ; and was 
secretary of state under Pesident Washington. He had been 
long considered the head of the anti-federal or democratic 
"party through the country. When the constitution was formed, 
he objected to it, as monarchy, in disguise ; and he was 
believed to be opposed to the policy pursued, during the ad- 
ministration, of his predecessors. His professions were in 
favor of reform and of economy, as to public expenditures, 
and of making the will of the people a more general guide. 
He was disposed to apologize for the injustice and depreda- 
tions of the French, and inclined to exaggerate the misconduct 
of the British. His views respecting commerce were such, 
as to render him more unpopular in Massachusetts, than even 
his abstract political sentiments, or his supposed partiality for 
France. Many of the most intelligent citizens were ready to 
predict great evils from his administration. But Governor 
Strong, in his public speech to the general court, spoke of 
Mr. Jefferson in a very candid and conciliating manner. It 
was not his disposition to criminate those who differed from 
him ; nor to excite party feeling among the people by ad- 
dressing their prejudices and passions. " Although, (he said) 



364 HISTORY OF MASSACHUSETTS. 

in the choice of a president of the United States, the result 
has not corresponded with the wishes of many citizens of the 
commonwealth, yet they will reflect, that, in republics, the 
opinion of the majority must prevail, and that obedience to 
the laws and respect for constitutional authority are essential 
to the character of good citizens. We are encouraged to 
expect that the chief magistrate of the nation will not depart 
from the essential principles of the constitution; and so long 
as his administration shall be guided by those principles, he 
will be entitled to the confidence of the people ; and their 
interests require that he should possess it. But if it shall 
appear hereafter, that their anticipations are not realized, a 
sense of decorum and a regard to justice and the public wel- 
fare should exclude asperity and false coloring, from all dis- 
cussions of public measures. For the morals and liberties of 
the people will be in danger, if the press should be prostituted 
to faction and falsehood." This is the language of a virtuous 
and enlightened statesman ; and such a spirit in rulers and men 
of influence, in times of party excitement, would certainly 
prevent much evil and mischief in a republican government. 
In 1802, the general court voted to build a state prison ; 
which was afterward erected in Charlestown ; confinement to 
hard labor had before been provided, on Castle Island, instead 
of public whipping, and sitting in the pillory. The design of 
a state prison was both for punishment and reform. The 
plan was to confine convicts to hard labor, and at the 
same time provide moral discipline and religious instruction ; 
in the hope, that while society was rendered safe from the 
depredations of evil men, some, not sadly depraved and 
hardened, might reform, and be sent back into the community 
with good principles and habits of industry. The criminal 
law was altered as to some cases ; burglary, which had been 
punishable with death, was made a capital offence only, when 
the person charged, was armed with a deadly weapon, or 
gave evidence of an intention to commit murder, as well as to 
rob and plunder. The results of the establishment were not 
immediately so favorable as had been expected ; the expense 
of the building and the support of officers, for several years, 
was also very great ; and the public was not fully satisfied 
with the plan. But the friends of the penitentiary system 
were unwilling to abandon it ; for they* contended that the 
experiment at first was necessarily expensive ; and they also 
insisted that the trial had not been fairly made, as to the pro- 
bable and expected benefits to the criminals ; since the building 
was not sufficiently large to keep the convicts separate by 



HISTORY OF MASSACHUSETTS. 365 

night, which was an essential part of the penitentiary system. 
The number of convicts was so great that often six and eight 
were lodged in one room for the night ; which was a great 
defect, and must foreyer prevent the good effects of confine- 
ments, so far as the reformation of the prisoners was concerned* 
At a subsequent period, a remedy was provided for this evil, 
by providing an additional number of rooms, so as to have 
only one person in a cell during the night ; and when at labor 
through the day they were attended by a guard to prevent all 
conversation among the prisoners. 



45 



CHAPTER XXXII 



Governor Strong continued in office several years — Mr. Jefferson President 
— His .Policy and Measures — Political Opinions and Parties — Finances of 
the state — Public Debt — Electors of President and Vice President — Gov- 
ernor Sullivan — His Character and Opinions — Political Parties — Policy 
of General Government — Non-intercourse and Embargo — Letter of Mr. 
Pickering — Complaints of the Embargo — Additional Act, affecting the 
Coasting Trade. 

Governor Strong was re-elected in 1802, and continued to 
receive the suffrages of the majority of his fellow-citizens till 
1807. The spirit of party rather increased than abated, during 
this period. The policy of the federal administration, under 
President Jefferson, was not deemed favorable to commerce, 
and was therefore warmly opposed in the New England States. 
In the southern and western parts of the union, his measures 
were more acceptable. War was continued between the two 
great maritime powers of Europe, France and England ; and in 
their efforts to annoy and distress each other, they both, at 
times, disregarded neutral rights, and inflicted great injuries on 
the commerce of the United States. President Adams had 
been charged by the democratic party with unfriendly feelings 
towards the French rulers, and with too much partiality for 
Great Britain. And Mr. Jefferson and his cabinet were charged 
by the federalists, with unjust antipathies against the government 
of England, and with undue regard for France. This was the 
more unaccountable, as the French rulers had become very 
arbitrary ; and republicanism in that nation was merely nominal. 
The charges, in both cases, might have been only proof of 
prejudice and party spirit in those who preferred them. But 
they were believed by the respective parties to be well founded 
in a degree ; and therefore were the causes of the party feel- 
ings which prevailed. The people took a deep interest in the 
measures of the general government, at this period, and ex- 



11IST0KY 01' MASSACHUSETTS. 367 

pressed their opinions, not only with frankness, but often with 
unbecoming asperity; and, probably, their opinions were, in 
some degree, dictated by their individual interests. The mer- 
chants suffered more immediately than the land holders, and 
therefore complained the more loudly. And though all foreign 
concerns were in the hands of the general government, the 
members of state legislatures considered that they had the 
right to discuss the policy of the federal administration. In 
Massachusetts, the general court repeatedly passed resolutions 
disapproving the measures of congress, and the policy of Pres- 
ident Jefferson ; and complaining, that more decisive and ener- 
getic measures were not adopted to resist the maritime aggres- 
sions of France. Governor Strong, while he faithfully discharge 
ed his duty to the state, abstained from all severity of remark 
on the general government, and appeared studiously to avoid 
all appeals to the passions of the people, which might tend to 
undue party excitement. This was a commendable trait in 
his character. He was resolved to discharge his own high 
duties, and to leave to the rulers of the federal government the 
responsibility which justly belonged to them. He had a set- 
tled opinion, also, that all foreign affairs belonged exclusively 
to congress. The political party in favor of President Jeffer- 
son's measures, however, increased in Massachusetts, durino- 
1804, '05, and '06 ; and in 1807, James Sullivan, the attorney 
•general, and who had before been a candidate, in opposition to 
Mr. Strong, was elected governor. In 1S06, indeed Governor 
Strong was chosen by a small majority ; nor was his election 
admitted and declared (the general court being anti-federal) 
till ten or eleven days after the court had convened. Various 
difficulties were made, by bis opponents, to his election, found- 
ed in the omission of a letter in his name, in some of the returns, 
and of the informality of others, compared to the strict letter of 
the law r . 

While Governor Strong was in the chair, the internal con- 
cerns of the commonwealth were faithfully attended to ; the 
finances of the state were prudently and ably managed: and a 
large part of the public debt was paid. In 1S01, this amount- 
ed to a large sum ; for congress did not assume the whole debt 
incurred by the several states during the war of the revolution; 
and for this reason Massachusetts was indebted in a large amount 
for moneys borrowed in and soon after the war, to meet the 
current expenses necessary to support its credit, and to discharge 
demands against it. The state tax, in 1803, was §143,000, 
which was appropriated for the ordinary expenses of govern- 
ment, and the payment of interest on the remaining debt of the 



368 HISTORY OF MASSACHUSETTS. 

commonwealth. The pay of the representatives, for that year, 
was only $20,000. 

For the first time, in Massachusetts, the electors of president 
and vice president of the United States, were chosen in 1804, 
by a general ticket. In 1800, they were appointed by the 
legislature ; which was considered improper by a large portion 
of the people. On three previous occasions they had been 
elected by the people, in districts, though not in exact con- 
formity to the districts for choosing members of congress. All 
these various modes of appointing or choosing the electors had 
been adopted in different states ; and had not been opposed as 
unconstitutional, though it was contended, that the fairest and 
most republican mode was for the people themselves to vote, 
and that in separate districts, as numerous as the number of 
electors. The constitution had prescribed no particular man- 
ner of choosing them, farther than by saying, that they should 
be appointed in each state, as the legislature thereof should 
provide. Either mode, therefore, was constitutional ; whether 
by the people, in districts ; by a general ticket, when every 
citizen might vote for the whole ; or by the legislature. 

The spirit of the constitution is that each state should have 
a voice in the election of president, according to its number of 
representatives and senators. But this principle is controlled 
or qualified by another provision ; that, in case no one is cho- 
sen president by the vote of the electors, each state shall have 
a single vote in congress, to be made according to the majority 
of its representatives. Ultimately, therefore, the object of the 
constitution seems to be, that every state should have a vote, or the 
declaration of its will, in the election of president. And this is 
done most simply and effectually, certainly most agreeably to 
republican principles, by a general ticket, or by the legislature; 
for in that case the vote would be for one and the same person ; 
and it would be an expression. of the will of the majority of the 
state. But if a state is divided into several districts, the vote 
of the state may be divided also. The measure of a general 
ticket, as it had not before been adopted in Massachusetts, was 
considered to be dictated for party purposes. It was peculiarly 
a measure of the federal party; which was then the dominant 
party in the general court ; and their opponents complained 
loudly against it, and made every effort to defeat its success. 
The democratic party triumphed, much to the disappointment 
and mortification of the federalists, who had proposed and 
urged it. Such is frequently the result of party projects. The 
moderate men of all parties will give their influence and vote 
in favor of what appears just and proper, rather than to support 



HISTORY OF MASSACHUSETTS. 369 

the plans of those with whom they have usually acted, when 
they find them adopting particular measures, merely to secure 
their object. Honest and independent men never sanction the 
maxim, that the end justifies the means; or that all is fair in 
politics, which is attended with success. 

Governor Sullivan had been long in public life. In the be- 
ginning of the revolution, he was decided and active in sup- 
port of the liberties of the country. He was a useful member 
of the provincial congress of Massachusetts, in 1775; and in 
1776, was appointed a justice of the highest judicial tribunal 
in the state. After a short period, he resigned that office, 
and was made attorney general. The federal party opposed 
Mr. Sullivan, because they preferred Governor Strong, who 
had their entire confidence, and because he approved gener- 
ally of the policy of Mr. Jefferson. The writings in the 
public papers, relating to the candidates for governor, were 
uncommonly bitter and virulent. Moderate and candid men 
of both the great political parties regretted the temper which 
was manifested. Governor Strong was represented as an 
enemy to liberty ; and Mr. Sullivan as opposed to order and 
virtue, and destitute of moral principle. No circumstances 
could justify such asperity and vituperation. Much was ex- 
aggerated, and much was charged, wholly unfounded. Mr. 
Sullivan administered the government with ability and impar- 
tiality. Some of the party who brought him into the chair, 
urged him to acts of intolerance and proscription. But he 
declared, " he would act as the governor of the state, and not 
as the head of a party." And by his impartiality and candor, 
he gave offence to some of his political friends, who expected 
office from him, a§ the reward of their services, on his eleva- 
tion to the chair. 

Governor Sullivan was equally the friend of education and 
of religious institutions, as his virtuous predecessors. They 
had all given their decided support to the means of religion 
in the state, and had recommended common schools for the 
instruction of children of every grade and condition, as essen- 
tial to the peace of society and the preservation of a free gov- 
ernment. Governors Hancock, Bowdoin, Adams, Sumner, 
and Strong, were exemplary professors of religion, and zealous 
advocates for providing means of education for all the rising- 
generation. Mr. Sullivan was no less the consistent and uni- 
form friend to these institutions. But it was his lot to fill the 
chair of the commonwealth, when party feelings were greatly 
exasperated, by long political disputes, and when the adminis- 
tration of the general government had adopted a policy very 



370 HISTORY OF MASSACHUSETTS. 

obnoxious to a great portion of the citizens. No man of the 
democratic party, perhaps, would have been less exception t- 
ble than Governor Sullivan was. Perhaps, no federal gov- 
ernor would have been exposed to less censure in 1807 a id 
1803. On most occasions, he conducted with prudence a id 
moderation ; and on none, did he attempt to influence the 
passions of political parties. 

For the first time after the federal government was estab- 
lished, all branches of the government in Massachusetts, in 
1807, were democratic or anti-federal. In 1806, the majorities 
in the two houses were democratic, but the governor was not. 
This was probably considered by President Jefferson as a proof 
that his measures were approved by the greater portion of the 
citizens of Massachusetts : and it served to confirm him in the 
policy which he had adopted, with regard to foreign nations. 
The system of non-intercourse with England and France was 
continued, against the interests and the wishes of the merchants. 
Mr. Jefferson had adopted this policy, under the difficulties 
which took place between the United States and France and 
England. The conduct of the French rulers, particularly, 
was so hostile and injurious, that many believed that firm and 
decisive measures were necessary towards that government. 
But Mr. Jefferson was of opinion, that the policy was to retire 
lrom the ocean, and to have no commercial intercourse with 
either of those countries. By his recommendation, congress 
passed a law prohibiting the importation of British goods, 
and other commercial dealings both with England and France. 
The suspension of trade with England was alike injurious to 
that country and to the United States ; but the trade with 
France was comparatively small, and restrictions, as to that 
nation were not so injurious. 

Near the close of 1807, the general government passed an 
embargo act, as a part of the system of non-intercourse, and the 
policy of Mr. Jefferson, in preference to war. This was more 
severely condemned than the former acts of a similar character; 
for it put an end to all commercial enterprise, and the mer- 
chants' vessels were wholly useless. There were also circum- 
stances connected with the embargo act, which tended to render 
it peculiarly obnoxious. It was unlimited, as to its duration; 
and other embargo acts had always been for a definite period; 
for two, three, or six months. It was a still greater objection 
to the measure, as there was reason to believe it was adopted 
through the secret influence of the French government. It 
was the policy of the French rulers to get up a war between 
England and the United States; and if that could not be effect- 
ed, to prevent all commercial intercourse between the two coun^ 



HISTORY OF MASSACHUSETTS. 371 

tries; and thus inflict a blow on the maritime power and pros- 
perity of Great Britain. The information received from the 
American envoy in France, so far as made known, served to 
confirm such an opinion. The people generally were indignant 
in the belief that the French rulers should have such influence 
over the federal administration ; and without full proof that 
such was the fact, condemned Mr. Jefferson for recommending 
the embargo. In the eastern states, especially in Massachu- 
setts, this measure deprived the administration of many sup- 
porters. A great majority of the representatives in congress, 
strenuously opposed the act. One of the senators of Massa- 
chusetts, Timothy Pickering, was very active in opposition to 
it ; but John Q. Adams, the other senator, voted in favor of it. 
Mr. Pickering considered it his duty to give formal notice of 
the measure to the legislature, for he knew it would produce a 
great sensation in Massachusetts. His letter was addressed to 
Governor Sullivan, to be by him communicated to the general 
court. The governor did not communicate it for some time, 
and was severely censured for retaining it. When it was made 
known to the legislature, and published, it was the occasion of 
much excitement; and served to strengthen the apprehensions 
of the people, that it was owing to an undue partiality for 
France, in Mr. Jefferson, that the measure of an embargo had 
been adopted. The prosperity of the United States was more 
affected by it, than that of England ; and it was also considered 
to be an insidious measure: for, if Grea't Britain was to be 
treated in a hostile manner, it would be more wise and honora- 
ble to demand redress; and if not obtained, to resort to open 
warfare, rather than use such equivocal means of annoyance, at 
the desire of France, the inveterate enemy of England. 

During the year 1807, the legislature of Vermont passed a 
resolve, proposing an alteration of the constitution of the United 
States, so that the president might remove a justice of the 
federal courts, on an address of the majority of congress, with- 
out impeachment. The proposition was laid before the gen- 
eral court of .Massachusetts, and it was approved in the house 
of representatives by a vote of ninety-two to forty-four. Such 
a vote would not have passed in 1808, and probably not in 
1S06. It was a measure of President Jefferson himself; for 
he was never in favor of the real independence of the judges. 
He contended that they should depend on the will of the peo- 
ple for continuance in office ; which would in effect be to render 
them dependent on the executive, who would claim to be con- 
sidered the organ of the popular will. 

Governor Sullivan was re-elected in 1808; but the majority 



372 HISTORY OF MASSACHUSETTS. 

of the legislature was federal. The gentlemen chosen for his 
council were of that party ; and yet there was great harmony 
between them and the chief magistrate. Mr. Sullivan observed 
to a friend, that he had less controversy with his council in 
1808, than with that of 1807, which was composed of the 
democratic party. They had urged him to make removals 
from office, on account of political opinions, and demanded it 
of him, as due to the party; but he did not yield to their 
solicitations. 

The policy of the federal government, which led to an em- 
bargo in 1807, dictated other measures very injurious to the 
trade and navigation of the country, under the pretence, that 
the act laying the embargo was occasionally violated. The 
transportation of flour and grain from the southern states to the 
northern and eastern ports was interdicted. And when this 
was found to be very injurious, the president proposed to grant 
license to such individuals, to transport flour, for the necessary 
consumption of the people, as Governor Sullivan should select 
or designate. Great complaints were made against this measure, 
as partial and unjust. A petition was preferred to congress, 
at this time, for liberty to send fish to foreign markets as had 
formerly been done, and when there were large quantities on 
hand, exposed to decay in a short time; but the request was 
not granted, nor was any sympathy expressed for the petition- 
ers. The federal party complained loudly of this policy and 
these measures, and said they were extremely injurious to the 
citizens of the United States, but productive of little or no evil 
to England, which it was intended should suffer by them. 
The democratic party insisted, that such evils were less than 
the calamities of war would be ; assuming, that war was the 
only alternative ; and that there might be " reasons of state " 
for the policy pursued, of which the people could not judge, 
and of which they could not justly be informed. On this 
occasion, the party and the individuals, who had urged to im- 
mediate resentment of aggressions from a foreign nation, in the 
time of Washington and Adams, and who had protested against 
all secrets in politics in a republican government, when Wash- 
ington gave instructions to Mr. Jay, which he chose not to 
publish, were explicit and forward in their apologies for the 
measures of Mr. Jefferson. They said, " forbearance was most 
wise and politic, and that he might have reasons sufficient for 
recommending an embargo, and other commercial restrictions., 
though he had communicated none to the people, and but par- 
tially to the members of congress, who were to approve and 
sanction his recommendation by law." 



HISTORY OF MASSACHUSETTS. 373 

The democratic party lost influence and friends, in 1807, by 
the change made in the office of treasurer of the common- 
wealth. Jonathan Jackson, a citizen of eminent abilities, and 
of great moral worth, who had also rendered important services 
to the public, was removed from the treasury department ; and 
a person, recommended chiefly for his democratic opinions, was 
appointed in his room. In the course of the year he became 
a public defaulter,, to a large amount. His speculations, and 
his readiness to accommodate political friends, were the causes 
of his embarrassments. His sureties were numerous, but few 
of them were men of property. The deficiency of the treasury, 
from his improper management, amounted to $78,000: and 
the state eventually lost a large sum, through default of his 
bondsmen. 

Governor Sullivan died in December, 1808; and Lieutenant 
Governor Lincoln succeeded to the chair, for the remainder of 
the political year. He was less tolerant in his political creed 
than Governor Sullivan had been : and in his public address to 
the general court, in January, 1809, he condemned the meet- 
ings of the people, which had been recently held to remonstrate 
against the embargo as improper, as manifesting a spirit hostile 
to the government. Individuals might have made declarations, 
under their sufferings, which could not be justified ; and there 
were, at that period, some indiscreet and rash speeches respect- 
ing the policy of the general government; but when the peo- 
ple considered themselves oppressed, or believed their rulers 
to be arbitrary, they had always spoken boldly and protested 
against obnoxious measures. In free governments this has 
always been the case ; and probably always will be, whoever are 
the rulers, and whatever the party that feels aggrieved. 



46 



CHAPTER XXXIII. 



New Embargo Act — Very obnoxious — Gov. Gore — His character — Charge 
ao-ainst Federal Leaders as friends of England — Mr. Gerry chosen Gover- 
nor — His political character and views — Measures of the Democratic ad- 
ministration — Political intolerance and proscription in 1811 — Party spirit 
increases— The Governor denounces Federalists as enemies to the country ; 
and directs an examination of Newspapers for libels — Complains of 
the Opinions of the Judicial Court. 

In January, 1809, more than twelve months after the em- 
bargo was laid, an act was passed by congress to enforce it, 
from a belief that there had been some evasions of the original 
law. Restrictions were laid on coasting vessels, which were 
oppressive and expensive, and the people became still more 
discontented. Having no hope of redress from congress, they 
applied to the general court; and the following resolutions 
were adopted on the occasion: "That the act of congress, for 
enforcing the embargo law, is, in many respects, unjust, oppres- 
sive, and unconstitutional, and not legally binding on the peo- 
ple ; but to secure certain and permanent relief, it is earnestly 
recommended to those aggrieved by the operation of this act, 
to abstain from forcible resistance, and to apply for remedy in 
a peaceable manner, to the laws of the commonwealth: — That a 
remonstrance be prepared and forwarded to congress, expressing 
the opinions and feelings of the people, and urging the repeal 
of said act: — That the legislature will cooperate with any of 
the other states, in all legal and constitutional measures, for 
procuring such amendments to the federal constitution as shall 
be necessary to obtain protection for commerce, and to give to 
the commercial states their fair and just consideration in the 
general government, and for affording permanent security, as 
well as present relief, from the oppressive measures under 
which they now suffer." 

A charge was made, at this time, as well as afterwards, in 
1811 or 1812, that some of the federal party in Massachusetts 



HISTORY OF MASSACHUSETTS. 375 

were plotting against the peace and union of the states, and 
held secret correspondence with British agents, for such a pur- 
pose. But the charge was as vague as it was unfounded. It 
was got up, no doubt, for party objects, and in unguarded 
moments of heated party criminations. When, afterwards, an 
inquiry was made, both by the state and federal government, 
no evidence was produced sufficient to raise a suspicion in the 
mind of any impartial man, that the charge was well founded. 
The senate of Massachusetts, when the majority was demo- 
cratic, expressed an opinion entirely exonerating the persons 
referred to in the idle party charges of the day; and Mr. 
Madison, president of the United States, when the charge w'as 
made to him afterwards, by a foreigner, who was no doubt 
prompted to make it, from a hope of pecuniary reward, de- 
clared that no persons had been named, and that no evidence 
had been furnished, that any persons in the United States had 
entered into or countenanced any project of the British for 
destroying the union, or otherwise inimical to the United 
States. 

Christopher Gore was chosen governor, in 1809; a man of 
eminent talents, and of great political knowledge. He ranked 
high, also, as a gentleman of honorable feelings and correct 
moral principles. Mr. Gore was educated for the law, and 
was eminent in the profession. Few were more powerful in 
argument, or more eloquent in debate. He was appointed by 
Washington, the first federal attorney for Massachusetts; had 
been employed by government as an agent in England, and was 
several years a very distinguished member of the general court. 

During the year 1809, several companies were formed, in 
the interior of the commonwealth, for the manufacture of 
woollen cloths. The business had been prosecuted for a few 
years, previously, by some enterprising individuals in the west- 
ern counties. Woollen cloths had been manufactured, to some 
extent, from the early settlement of Massachusetts; but it was 
in separate families, and for the use only of those who made it. 
Many families, before this period, manufactured sufficient for 
their own consumption; but it was of an ordinary kind; and 
those, who had means to purchase better, wore that which was 
imported. The coarse cloths used by seamen, were also 
brought from England ; or the manufacture in the state was 
not adequate to the necessities of the whole population. Dur- 
ing the war of the revolution, a good deal of labor was bestow- 
ed on the manufacture of woollens ; but after the peace, there 
were immense importations from England. It was, therefore, 
a laudable plan, to extend this kind of manufacture. Several 



376 HISTORY OF MASSACHUSETTS. 

years elapsed, however, before the government gave it direct 
and proper encouragement. Still some persons had objections 
to large manufacturing establishments, and others doubted the 
justice of giving particular encouragement, by the government, 
to one branch of business more than to another. 

The government of the state was administered with great 
impartiality by Mr. Gore, and his official acts were fully ap- 
proved, except that the democratic party were opposed to his 
political views on the leading measures of the general govern- 
ment. He was charged with no intolerance towards the party 
opposed to him. Yet this magnanimous conduct on his part 
failed to secure the support of those who had opposed his election. 
Some change of measures in the general government gave 
strength to the ranks of his opponents. The embargo law was 
repealed during the year 1809; for it had become extremely 
oppressive to those engaged in commercial pursuits, and it was 
found to have little effect in bringing either England or France 
to relax in their claims, or to cease their depredations on the 
commerce of the United States. The complaints of the peo- 
ple increased, and it was difficult to prevent acts of force in re- 
sisting the provisions of the laws. Yielding to the general 
dissatisfaction, the federal administration repealed the acts lay- 
ing the embargo of December, 1S07 ; and when the immediate 
cause of their sufferings were removed, a portion of the people 
who had complained of that measure before it was repealed, 
gave their support to the friends of the general government. 
At the election of state officers, in 1810, Mr. Gerry had the 
majority of vo'tes for governor, and succeeded Mr. Gore as chief 
magistrate. This was a severe disappointment to the federal 
party, which supported Mr. Gore ; and matter of triumph to 
the political friends of Mr. Gerry. 

On several former occasions, Mr. Gerry had been the demo- 
cratic candidate for the office of governor. He had been many 
years in public life, and was an efficient advocate for the liber- 
ty and independence of the country, from the period of 1775. 
He was a delegate from Massachusetts to the continental con- 
gress, in 1776, and subscribed the memorable declaration of 
independence in that year. He was also a member of the 
continental convention which framed the constitution of 1787 ; 
but did not entirely approve of it. He considered its tendency 
would be to a consolidated or national government, to the inju- 
rious diminution of the rights and power of the separate states. 
For several years, he was a member of congress, and faithfully 
supported the interests of the commercial states. In 1799, he 
was appointed an envoy to the court of France, by President 



HISTORY OF MASSACHUSETTS. 377 

Adams, with Judge Marshall, of Virginia, and General Pinck- 
ney, of South Carolina. His conduct, on that occasion, de- 
prived him of the good opinion of the federal party ; and it was 
generally admitted, that he was not sufficiently decided in his 
diplomatic intercourse with the French ministers. The defect 
in the character of Governor Gerry, as a politician, was want of 
firmness and decision. The charge made against him was, 
that he changed his views by the adroit management of the 
agents of France ; or that he was vain enough to suppose he 
could negotiate alone after his colleagues had become convinced 
that no treaty could be made, consistent with the interests and 
honor of the United States. 

When Mr. Gerry was chosen governor he probably intended, 
as Governor Sullivan had done, to pursue an impartial course. 
But those who brought him into the chair urged him on to 
party measures, and he yielded at last to their entreaties or 
their threats. Both branches of the legislature, in 1810 and 
1811, the two years Mr. Gerry was governor, were democrat- 
ic; and by joining with the majorities of the two houses, he 
assisted in carrying into effect several measures, merely for 
party purposes. The first year, indeed, little was done with 
this view, which was very grossly intolerant. But his public 
speech, on his re-election, in 1811, fully indicated a disposition 
to proscribe all those who did not approve and applaud the 
policy of the general government, and support the measures of 
the democratic leaders in the state. He not only expressed 
his entire approbation of the conduct of President Madison and 
his cabinet, which was considered equally unfavorable to com- 
merce as that of Mr. Jefferson had been ; but he censured, with 
no little asperity, all opposition to the course of the general 
government, whether resolves passed at public meetings, or by 
writings in the newspapers. He denounced all disagreement 
with the acts of congress, or measures of administration, as a 
great impropriety, and as tending even to the subversion of the 
government. The opinions he expressed were entirely in 
accordance with those of the governors under the kings of 
England, who always pronounced mere opposition in opinion as 
of dangerous tendency. But such sentiments were seldom de- 
clared by the chief magistrate of a state, except, in a much 
later period, when the interested supporters of the conduct of 
administration led them to denounce all such to be enemies of 
the government, as dared to point out and remonstrate against 
the exercise of arbitrary power. 

To give full effect to the system proposed, the laws were 
altered, in several instances, so as to give the appointment for 



378 HISTORY OF MASSACHUSETTS. 

office to the governor and bis council, which before was in 
other bands. A law was made, giving appointments of the 
clerks of the judicial courts to the governor, which had former- 
ly been the privilege and right of tbe judges. And the courts 
of common pleas were organized anew ; which gave opportu- 
nity for the appointment of the political friends of tbe dominant 
party. In some instances, the veteran patriots of the revolu- 
tion, who had been among tbe most faithful friends of tbe coun- 
try, in tbe severest trials, were removed from office, to give 
room for the zealous professors of democracy. And in many 
cases, faithful and able officers were dismissed, that those dis- 
tinguished only for party zeal and devotion might be rewarded. 

The spirit of party in the state and through the union con- 
tinued with increasing asperity. The public papers were filled 
with criminations and recriminations ; and there was little pros- 
pect of soothing the exasperated feelings of the people. The 
friends of the general government denounced all who dared 
complain of its policy ; and the federal party censured the 
national administration in unmeasured terms, as so devoted to 
France, as to compromit the welfare and honor of the United 
States. Governor Gerry suffered himself to be carried away 
by the feelings and prejudices of bis party, instead of exerting 
his official influence to allay the public excitement, as bis pre- 
decessors bad done. In his speech to tbe general court, in Jan- 
uary, 1812, he denounced the federalists, as anti-republican in 
their principles, and as preferring the monarchy of England to 
the government of America. His expressions were as harsh 
as they w 7 ere undignified. Although there was no proof or 
appearance of proof, that such a charge was true, it must be 
supposed, in charity, that some dark surmises had been suggest- 
ed, or plausible representations made, which led him to fear. 
that the federal leaders were plotting against the peace of the 
republic. "Are we not called upon to decide (said be) 
whether we will commit the liberty and independence of our- 
selves and posterity to the fidelity and protection of a national 
administration, at the head of which is a Madison, supported 
by an executive department, a senate, and bouse of represent- 
atives, abounding with meritorious patriots; or to a British 
administration, the disciples of Bute, who wished to enslave 
these slates, and to American loyalists, who cooperated with 
that government to bind us in chains ? " 

A motion was made in tbe bouse of representatives for a 
committee to inquire what evidence there was of a British par- 
ty in Massachusetts. The motion was opposed by tbe politi- 
al friends of the governor ; and no committee was raised, and 



HISTORY OF MASSACHUSETTS. 379 

no inquiry made on the subject. It better served the purposes 
of those who made the accusation, to deal in vague charges and 
suggestions, to excite the prejudices of the people, than to have 
real facts disclosed, and unjust insinuations disproved, which 
might allay the popular excitement. 

Soon after, the governor directed the attorney general to 
examine the newspapers published in Boston, and report to 
him the number of libellous publications which they contained. 
The attorney general reported two hundred and fifty-two, the 
greater part of which were in a small obscure paper ; but fifty 
were in the Centinel, thirty-eight in the Gazette, thirty-seven 
in the Repertory, and eight in the Chronicle. The indepen- 
dent editor of the Centinel publicly called on the attorney gen- 
eral to detect a single libellous expression in his paper, unless 
the truth ivere a libel. The governor seemed to be much 
excited at this time, by«the independent manner in which the 
people inquired into the conduct of public agents, and by the 
fearlessness with which they censured measures calculated to 
check the prosperity, and to hazard the peace of the country. 
He mistook the character of the people. They were fully sen- 
sible of their right to discuss the measures of government ; and 
knew their duty too well to omit bearing testimony against 
misguided councils. In his severe denunciations against popu- 
lar meetings, and a free declarations of opinion, Mr. Gerry lost 
the support of moderate men, though be might quicken the 
zeal of his partisan adherents. And he exposed himself to 
still greater censure, by interfering with the judicial department. 
In November preceding, Justice Parker, of the supreme court, 
stated to the jury what constituted a libel, as several pieces 
had then recently appeared in the public papers, which were 
said to be libellous. The remarks of the learned judge were 
not agreeable to the governor, and he sent for a copy. In 
reply, the judge expressed his belief that he was not responsi- 
ble to the governor for his opinions or conduct, and that the 
judicial department was wholly independent of the executive. 
He directed the original speech delivered before the grand 
jury, however, to be forwarded to the governor ; conscious it 
contained no sentiments or- remarks which were not legally 
correct. The conduct of the governor, on this occasion, was 
generally pronounced highly improper. The executive has no 
constitutional right to control or direct the judiciary. Another 
mode was pointed out, for investigating the conduct of ajud 
The governor discovered a disposition to interfere both with 
the prerogatives of the judge and of the jury. He complained 
of libellous publications, and set the attorney general on the 



380 HISTORY OF MASSACHUSETTS. 

search after them. The judge gave an opinion, fairly and 
independently, as if he knew of no excitement, and no party ; 
and the jury found no indictments. And the charge was still 
made, that the judge and the jurors were under the influence 
of party feelings. The sober citizens thought this a libel. 

In other circumstances, this conduct would have been most 
decidedly condemned. For the governor of a state, or the 
president of the United States, to interfere with the opinions 
or decisions of the judges, especially on questions relating to 
political measures, or their own official conduct, would be consid- 
ered very improper, by all disinterested men. On an occasion 
of more recent date, when it was conjectured that the president 
of the United States attempted to interfere with the decision 
of the judges of the federal court, the people were alarmed at 
such conduct, as irregular and dangerous, and indignant at 
the arbitrary temper it manifested. ( # A few days before the 
general court closed their winter session of 1812, Governor 
Gerry sent a message to them, on the subject of libels:* and 
while it was under consideration, a member of the senate of 
the federal party, offered the resolution following : — " That 
the governor, in denouncing various publications in the Boston 
papers as libels, after a grand jury on examination of them 
had refused to prefer indictments, manifests an alarming dis- 
position to usurp the power belonging to the judiciary depart- 
ment, tending to criminate and injure the reputation of indi- 
viduals, without affording them an apportunity for defence ; 
and the employing of law officers of the commonwealth, in 
examining files of newspapers, for the purpose of collecting 
and divesting such publications, with a view of presenting 
them to the legislature, instead of a grand jury, is a departure 
from his constitutional province and an infringement on private 
rights." In support of the resolution, it was said, " that the 

* In this message, the governor insisted that the court and the grand 
jury were partial ; and that the judge in his exposition of the law was mis- 
taken. He referred to the common law of England on libels, and con- 
tended that it was in force in this country ; and that it was not to be in- 
quired whether the libels (as he called them) in the papers were true, or 
not; and that it was enough to prove them libellous, that they were in- 
tended to render the persons or party alluded to, unpopular and obnoxious. 
It was the more remarkable, that Governor Gerry, as the advocate of the 
democratic party, should advance this doctrine of the common law on 
libels, when that party had made great objections to the sedition law of 
congress, in 1793. though it expressly provided that the truth might be given 
in evidence, as a justification. Judge Parsons, before this, had made a 
distinction between a publication against a private person, and a candidate 
for public office, or one in office ; " that what would be a librl in the former 
case would not be in the latter, because the truth ought to be known of a 
public officer, or candidate for office, for the good of the people, and the 
preservation of liberty." 



HISTOKY OF MASSACHUSETTS. 381 

message of the governor was most extraordinary and alarming ; 
striking at the fundamental principles of the constitution and 
of civil liberty ; tending, if suffered to pass into a precedent, 
to break down the barriers enacted by the constitution for the 
safety of the people, and to destroy all personal liberty and 
security ; that if the governor could thus put at defiance the 
privileges of trial by jury, and with his law officers dependent 
on himself, set in judgment on the printers, condemn them 
unheard, and proclaim their condemnation to the world, after 
the grand jury had refused to find bills against them, no class 
of citizens were safe, and all would be liable to the same ex- 
ercise of power." 

The dissatisfaction with measures of the general govern- 
ment, as they were deemed highly unfavorable to com- 
merce, and indicative of a disposition in the administration to 
have a war with England, increased in Massachusetts, at this 
period; and as governor Gerry advocated those measures, he 
lost the support of some moderate men of his political party. 
The policy of Mr. Jefferson, in attempting to injure Great 
Britain by suspending commercial intercourse with that coun- 
try, was pursued by President Madison. The people of 
Massachusetts had long complained of such a course, as more 
injurious to the United States than to England. And when 
the conduct of Mr. Madison and his cabinet indicated war 
with that nation, the people became still more alarmed and 
more ready to complain. A war, it was said, would be highly 
injurious to America ; and it was not supposed necessary for 
the interest or honor of the government. The difficulties 
between the two nations, many contended, could be equitably 
adjusted by negotiation. 



47 



CHAPTER XXXIV 



Governor Strong, 1812 — His political opinions — Political character of the 
house — Bitterness of party feelings — Memorial against war — Governor's 
Speech — War declared against England — Call for the Militia — Objections 
to war — And to ordering out the militia — General order of the Governor, 
for the militia to be in readiness to repel invasion — Extra session of 
general court — The Governor's statement. 



At the election in April, 1812, by great efforts on the part 
of the federalists, who then advocated peace, and the free 
pursuits of commerce, Caleb Strong was chosen governor, in 
opposition to Mr. Gerry, who had been in office two years, 
and had the support of the democratic party. The elections 
for the governor and members of the general court called forth 
uncommon exertions. Mr. Strong was elected by a very 
small majority of votes ; but the majority of representatives 
was also federal, and was then distinguished as the peace 
party.* The public mind was greatly excited, and the spirit 
of political parties manifested itself with more than common 
bitterness. 

It was "now five years since Governor Strong occupied the 
chair of state ; and during this period he had kept entirely 
aloof from party politics. In his address to the general court, 
on this occasion, as at a former time, when there were severe 
disputes between the parties, he aimed rather to allay, than to 
excite political controversy. Yet he administered mild re- 
buke, by implication, in the following paragraphs, to those 
who were ready to use the power of office, rather to reward 
political friends, than for the public good. " Our constitution 

* At the beginning of the session in May, 1812, before the declaration of 
hostilities by congress, but when it was heard the dominant party in that 
body were disposed to war, the representatives sent a memorial remonstra- 
ting against it, and praying that peace might be preserved. The votes were 
406 for the memorial, and 240 against it. 



HISTORY OF MASSACHUSETTS. 383 

forbids any exclusive pretensions to the honors of the state. 
Every class of men are entitled to partake of the same advan- 
tages, and have an equal and common right. If this is in- 
fringed, we may expect that discontents and animosities will 
prevail. We ought indeed, to select persons of ability and 
integrity for public employment. But if we make it a rule to 
advance only our political friends, we shall become the heads 
of a party, and be incapable of preserving, with equity and 
moderation, the rights of the whole people. In monarchies, 
the prince is the source of all power, and the fountain of 
honor and office. He therefore thinks himself authorized, in 
appointing his subordinate officers, to reward the attachment, 
and to purchase the future support, of his adherents. But, in 
republics, the peaple are possessed of the sovereign power, 
and legislators and magistrates, elected by them, are bound to 
employ their authority for the common benefit. They have 
no right to consider the power deputed to them as their own 
property, or to make vacancies or appointments, for selfish or 
party purposes. Should a contrary rule be established, it 
appears to me that political feuds would be endless and im- 
placable. The persons in office, and their friends and re- 
tainers, would employ every method to prevent any change in 
an administration, while their rivals would be equally assid- 
uous and eager to effect a change. From the frequency of 
our elections, there would scarcely be any interruptions in 
these struggles ; and the longer they should continue, the 
greater would be their violence." Governor Strong, early in 
the session, submitted to his council, the propriety of restoring 
those persons to office, in the state, who, during the year 
preceding, had been removed solely for their political opinions, 
The council advised, that it would be proper and just that such 
persons should be placed in the respective offices, of which 
they had been deprived on account of party politics. Their 
restoration, or 1 reappointment to office was accordingly made. 
A few weeks after Mr. Strong was inducted into office, 
war was declared against Great Britain, by the general gov- 
ernment, as had been sometime apprehended. The country 
was very poorly prepared for war, though administration 
chose the time to make the declaration. Little preparation 
had been made even for defence on the seacoast, or for the 
protection of commerce, and navigation which were exposed 
to the hostile attacks of a powerful enemy, by this unnecessary 
measure. The president immediately called on the governors 
of the several states, for aid to protect the country, by the 
militia; while the few regular forces, which had been raised, 



384 HISTORY OF MASSACHUSETTS. 

by the administration, were sent to invade the British province 
of* Canada. 

The opposition to these measures was powerful and exten- 
sive, especially in the commercial states. It was said, the war 
was unnecessary, if not unjust; as negotiations, in a proper 
spirit had not been fully tried; and it was strenuously contend- 
ed, that it was improper to rely solely on the militia, when the 
war did not come unexpectedly on the federal rulers, but they 
had selected the time to begin it ; and it was further insisted, 
that neither the executive nor the legislature of the federal 
government had authority, by the constitution, to call the mili- 
tia into the field, except to repel sudden and unexpected inva- 
sion, when government had no time to meet it in any other 
manner. No invasion existed, nor imminently threatened ; 
and it was argued that when it did, and there was no other de- 
fence, then, and then only, it would be proper to call on the 
militia. Another objection, but in some measure implied in 
the general one already noticed, was to the requisition for the 
militia, which proposed to send a part of them out of the state, 
to place others at a great distance from their homes, and to 
station them at a few places, to wait for an invasion, (as it 
might, or might not, happen in three or six months,) and leav- 
ing other places, equally exposed, entirely defenceless. It 
was considered, indeed, that the order from the federal admin- 
istration for the militia, was assuming a power not warranted 
by the constitution, in the situation of the country, and was 
destroying the distinct character of the militia, who ought not 
to be treated as permanent troops might justly be : as the militia 
were to be employed only in case of an invasion, and for the 
defence of a portion of the country, till regular forces could be 
raised for the purpose. 

Governor Strong probably had these or similar views, when 
he declined to call out the militia of Massachusetts, on a requi- 
sition made by officers of the general government, in June, 
1812, soon after the declaration of war. To the first and 
second request for the militia he gave no reply; for he proba- 
bly was in doubt, what the constitution had made his duty in 
such a case : and he was also aware that no invasion was about 
being made, or imminently threatened at that time. When 
requested a third time, by a military officer of the United 
States, acting under directions of the secretary of war, the gov- 
ernor directed a note to the war department; in which he said, 
"that he was disposed to comply with the requisitions of con- 
gress, and of the president, where the constitution made it 
clearly his duty ; but that no invasion existed, or threatened, 



HISTORY OF MASSACHUSETTS. 385 

or was apprehended ; that the militia were averse from going 
from their homes, except the emergency absolutely required it ; 
that the stations proposed for the militia on the seacoasts, by 
the officer of the United States, who made the requisition, were 
not the most proper, and that other places equally required to 
be protected ; and that it would be most economical and effi- 
cient, to call out the militia when invasion took place, or should 
immediately threaten. 

Before sending this letter, Governor Strong had issued a gen- 
eral order, calling upon the officers of the militia to have their 
men in a state of preparation to march at the shortest notice, 
and to any place invaded or alarmed. And soon after, when 
application was made by the people of the towns in Maine, 
near the British territory, for aid, as they feared an invasion 
forsake of plunder, Governor Strong ordered several companies 
of militia to those places, and gave the President of the United 
States notice, that he might appoint a military officer to com- 
mand them. 

The administration and its friends censured this conduct of 
Governor Strong; but the people of Massachusetts generally 
approved of it ; among whom were many of those who had 
before supported the measures of the general government. It 
was believed to be improper to depend on the militia for a long 
military service, which could justly be required of such only as 
should engage in that employment ; and it was the prevailing 
opinion, that the constitution authorized the calling out*of the 
militia only in case of sudden emergency, when there was no 
previous warning, and no opportunity to provide other defence : 
The language of the constitution, in reference to the subject, 
expressly confining the authority to call for the militia, u to 
repel invasion." The war, besides, was unpopular, and the 
manner of prosecuting it neither able, judicious, or prudent. 

Governor Strong had the approbation of the justices of the 
supreme judicial court, in the course he pursued. The consti- 
tution of Massachusetts provides that the governor may request 
the opinion of the judges in cases of difficulty. He referred 
the case to their decision ; and their opinion was, that the gov- 
ernor of a state, who had the command of the militia thereof, 
had a right to judge whether there was an invasion, and there- 
fore whether the militia should be ordered out, when called for ; 
and that the militia should be commanded by the officers of 
their choice, as the constitution provided, except under com- 
mand of a superior officer of the United States. It was an 
objection, at the time, with some, that the militia, when called 
into service, were intended to be commanded by an officer of 



386 HISTORY OF MASSACHUSETTS. 

the United States, instead of the militia officers, chosen by 
their respective companies, regiments and brigades. 

The decision and conduct of Governor Strong, respecting 
the militia, furnished matter for dispute between the two poli- 
tical parties, which had long divided the state and country. 
The friends of the national government condemned the con- 
duct of the executive of Massachusetts, with great severity, as 
disorganizing, and as dangerous opposition to the authority of 
congress and the president ; while the federal party contended, 
that the constitution was in his favor, and that the executive of 
the United States had assumed a power, in calling for the mili- 
tia, when there was no invasion, not granted by the constitu- 
tion, nor by the law of congress, which authorized him to make 
a requisition for them, in the occurrence of such an event. In 
the law of congress, the phrase of the constitution was carefully 
adopted, and it empowered the executive to call for the militia 
" to repel invasion." As there was no invasion when the call 
was made, and no immediate or imminent danger of invasion, 
Governor Strong contended, that he was not obliged to order 
them out. He argued, also, that if the president had a right to 
call the militia into service, when there was no invasion, and 
none immediately threatening, then he might call them out at 
all times, under the pretence that there might be an invasion, 
and keep them in service as long as he chose: and thus make 
a standing army of them, and direct and control them in the 
most arbitrary manner. 

There was an extra meeting of the general court, in October, 
1812, summoned by the governor, chiefly for the purpose of 
directing in what manner the electors of president and vice 
president of the United States should be chosen, as the two 
branches of the legislature did not agree on the mode, at the 
session in June. Governor Strong gave them information 
respecting the course he had pursued as to the militia: and he 
observed, on the occasion, "if this state had been in danger, I 
presume the regular troops would not have been ordered away:* 
and, if they were so ordered, that the militia were not liable to 
be called into service and stationed in the forts of the United 
States, to do garrison duty, when no danger of invasion appear- 
ed. I am fully disposed to comply with the requirements of 
the federal constitution, and the laws made in pursuance there- 

* When the second or third call was made on the governor for the militia, 
in July, it was stated as an additional reason for the request, that the United 
States' troops, in the forts in Boston harbor, were ordered to the borders of 
Canada. If an invasion was expected on the seaboard of the state, it was 
strange the forts of the United States should be left without troops! 



HISTORY OF MASSACHUSETTS. 387 

of; and I sincerely regret that a request should be made, by 
an officer of the general government, to which I could not con- 
form. But it appeared to me that the requisition aforesaid was 
of that character: and I was under the same obligation to main- 
tain the rights of the state, as to support the constitution of the 
United States." 

" The officer of the United States army supposed, that he 
was authorized by the president, to require any part and even 
the whole of the militia, to be called out and marched to such 
places, in this and the other states, as he may think proper. If 
this be a correct construction of the constitution, then the presi- 
dent and congress will be able at any time, by declaring war, 
to call the whole militia of the United States into actual service, 
and to march them to such places as they may see fit, and to 
retain them in service as long as the war shall continue. 

" Heretofore it has been understood, that the power of the 
president and congress, to call the militia into service, was to 
be exercised only in cases of sudden emergency, and not for 
the purpose of forming them into a standing army, or of carry- 
ing on offensive war. But according to the above construction, 
the right to employ the militia is made to depend, not on con- 
tingencies which the government might be unable to foresee or 
provide against, but on its own act ; on the existence of a state 
of war, which the government has a right to declare, and to 
continue as long as it may think proper. 

"Although many important attributes of sovereignty are 
given by the constitution to the government of the United 
States, yet there are some still belonging to the state govern- 
ments. One of the most essential of these is the control of the 
militia, except in the exigencies above-mentioned. This has 
not been delegated to the United States. It is therefore 
reserved to the states respectively. And whenever it shall be 
taken from them, and a consolidation of the military force of 
the states shall be effected, the security of the state govern- 
ments will be lost, and they will wholly depend for their exist- 
ence on the moderation and forbearance of the federal govern- 
ment. * * Whatever sentiments may prevail among the 
people of this state, as to the justice or expediency of the war, 
I trust they will perform the duties enjoined on them by the 
constitution and the laws ; and that they will do nothing to 
obstruct the government in the constitutional measures it may 
adopt." 

The opinion of the governor, respecting his right to judge 
whether the exigency had occurred, on which the militia were 
to be called out, by the general government, and as to his 



388 HISTORY OF MASSACHUSETTS. 

duty, iii the situation in which he was placed, was approved 
by the majority of the legislature, and of the citizens of Mas- 
sachusetts. And individual statesmen of distinction afterwards 
gave their testimony in favor of its soundness. Mr. Lloyd, a 
senator in congress, from Massachusetts, said, "The admission 
of the doctrine to the full extent, that the executive of the 
general government is the only judge of the exigencies when 
the militia are to be called into the service of the United States, 
at the time and in the manner which he may think expedient; 
that the militia can, by the junction of a large number to a few 
regular troops, be officered by the United States, and that the 
executive of the several states, contrary to their own belief in 
the existence of such emergency, should be obliged to bow 
before this tribunal, erected in the breast of a single individual, 
and to yield implicit obedience to such an opinion, must place 
them at the mercy of any future tenant of power ; strip the 
individual states of their physical, as well as of their fiscal 
force, and scarcely leave a remnant of that self-dependence, 
which some of them suppose they rightfully possess." 

Mr. Otis, also a senator in congress, referring to this ques- 
tion, observed, " If the president has a right, not only of de- 
ciding upon the existence of the constitutional contingency, 
which is to justify him in calling out the militia, but also of 
appointing his prefects * to command them, he possesses the 
power at any moment, of converting the whole of the militia 
of the country, into pretorian cohorts. This is a tremendous 
power, and an awfully pregnant question, which it is not my 
purpose now to discuss. It is the question about the power 
of the sword, which settles all other questions. If it is clear the 
president has it, be it so. But is it so clear, that hesitation and 
inquiry on the subject become criminal? Was the retaining 
of the command of the militia by the governor, under the cir- 
cumstances of the case, equivalent to an obstruction of the 
laws? a paralyzing of the means and agents of the govern- 
ment? Certainly, it will not be pretended." 

* The president divided the United States into military districts, when 
war was declared ; and appointed a commander to each ; who was to call 
tor the militia when he pleased, station them where he pleased, and retain 
them as long as he pleased. 



CHAPTER XXXV 



Governor Strong re-elected — Measures of defence against invasion — Arms 
provided by the State for the people in the seaports — Regular troops 
ordered out of the state — Opinions of Political Parties — Public Declara- 
tions of a distinguished Federalist — Senate of Massachusetts — Resolu- 
tions in New York — Senators commissioned as Officers in the Army — 

• Speech of Governor Strong — Disapproves of the War — Party Declara- 
tions and Opinions — Governor's Speech^- Answer of Senate and House — 
Militia called out for defence, in 1814 — Dispute with Military Officer of 
the United States — Castine taken by the British — Extra Session of the 
General Court — Governor 's Speech — Answer of Representatives — Res- 
olutions of General Court — Convention at Hartford — General orders of 
Governor Strong repeated, for the Militia to repel invasions — Who de- 
fended the State by his orders. 

Governor Strong was re-elected for the year 1813, 
though great efforts were made against him, by those who 
approved the measures of the general government. The ma- 
jority of votes in his favor was greater than in 1812, and 
afforded the strongest evidence of the confidence of the people 
in his wisdom and patriotism. It was a period of great excite- 
ment and alarm ; the conduct of the general government gave 
much dissatisfaction to the citizens of Massachusetts, but they 
confided in the prudence and firmness of Governor Strong to 
protect them from military despotism, and political harm. 

No attack was early made by the British on Massachusetts, 
and no fears were entertained of an immediate invasion. The 
general order of the governor, issued in July, 1812, (soon after 
the declaration of war was published, and the call on him for 
the militia,) by which he required the militia officers to have 
their repsective corps in readiness to defend the state, at any 
and every point, was renewed in 1813. The people, in some 
parts of the seaboard, who felt themselves particularly exposed, 
as there were some cruisers on the coasts, applied to the exec- 
utive for arms and ammunition for defence, which were readily 
furnished them. The governor had before recommended to 
48 



390 HISTORY OF MASSACHUSETTS. 

the general court to provide means of defence to the people in 
the seaports, as the regular federal troops had left the state : 
and he was accordingly empowered to furnish such articles as 
might be deemed necessary for the purpose. A committee 
was appointed, consisting of three citizens, who had been offi- 
cers of high rank in the war of the revolution, to attend to this 
service, under the direction of the governor. 

When the administration, at this period, requested a loan, 
to meet the expenses of the war, and for its further prosecu- 
tion, very few in Massachusetts subscribed to it. Some de- 
clined from a want of confidence in the wisdom and prudence 
of administration ; but more, from a principle of decided disap- 
probation of the war. The friends of the general government 
condemned the capitalists who refused to loan their money ; 
and even branded them as enemies of liberty and of the union. 
The spirit of party had become still more exasperated. The 
federalists denounced the administration, as waging war without 
good cause, and as intending to give indirect aid to the French 
nation. The democratic party denounced the federalists, in 
their turn, as friends of Great Britain, and intending to divide 
New England from the other states in the union. What were 
the private views of the leading men of both parties no one is 
authorized to determine. The difficulty is explained, however, 
by supposing, that the administration was led to adopt its mea- 
sures, from prejudices against England, and too great partiality 
for France, together with a different estimation of the import- 
ance of commerce from the northeastern states ; and that the 
federalists had the greatest abhorrence of the rulers of France, 
with whom there was danger of an alliance ; and who wished to 
maintain a good understanding with Great Britain, whose trade 
was highly profitable. The federalists, however, had other 
and higher views. They believed the war unnecessary, and 
they found it was prosecuted without economy and without 
system. And they contended, that an open and manly diplo- 
matic course on the part of the United States would have 
secured the essential rights and interests of the country without 
resort to arms. 

The strongest language used by the federalists, at this period 
of irritation and alarm, was as follows: — " They feared the 
anti-commercial system, and other impolitic and injurious mea- 
sures of the general government, might lead to a severance of 
the states" — "that they considered the union of the states as 
an inestimable blessing, and that they deeply deplored a system 
of measures, which wzg^idisafFect a portion of the community 
to the national compact." An eminent man of the federal 



HISTORY OF MASSACHUSETTS. 391 

party, in a public address, said, " Let us cleave to the union, 
to the last extremity." And he added, "It is the universal 
sentiment among the federalists, that the force of the motives 
which led to the union, though weakened, is not so impaired 
as to justify the attempt, or even the wish for a separation. 
With great regret some are compelled to believe, indeed, that 
public affairs are sadly conducted, and may hasten such an 
event. In order to prevent it, therefore, they sometimes 
express their fears of such a calamity. But they are desirous 
the people of the commercial states should exercise patience 
and forbearance, submit to all reasonable privations, and attempt 
all practicable experiments to obtain relief from the oppressions 
of the present system. We ask that commerce, for the pros- 
perity and protection of which the federal government was 
chiefly instituted, may not be systema